HomeMy WebLinkAbout2003-10-06 Regular MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE:
ROLL CALL:
OFFICIALS:
SPECIAL PRESENTATIONS:
TUKWILA CITY COUNCIL
Council Chambers City Hall
October 6, 2003 7:00 p.m.
REGULAR MEETING MINUTES
Mayor Steve Mullet called the Regular meeting to order at 7:00 p.m. and led the audience in the Pledge
of Allegiance.
Jane Cantu, City Clerk, called the roll of Council. Present were Council President Pam Carter; and
Councilmembers Joe Duffie, Joan Hernandez, Jim Haggerton, Pamela Linder, Dave Fenton and Richard
Simpson.
Rhonda Berry, Acting City Administrator; Shelley Kerslake, City Attorney; Lucy Lauterbach, Council
Analyst; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Jim Morrow, Public Works Director; Steve
Lancaster, Community Development Director; Bruce Fletcher, Director of Parks and Recreation; Alan
Doerschel, Director of Finance; Rick Still, Assistant Director, Parks and Recreation; Mike Sweeney,
Owner's Representative; Marty O'Brien, Foster Golf Course Maintenance and Operations Superintendent;
and Ted Rutt, Tukwila Police Officer.
CARTER MOVED; LINDER SECONDED; TO AMEND THE AGENDA BY ADDING SPECIAL
PRESENTATION ITEM B PRESENTATION OF DONATION TO TUKWILA POLICE DEPARTMENT
FROM MERVYN'S. The motion carried 7 -0.
a. Tammy Bayliss. Recreation Program Assistant. Parks and Recreation
Bruce Fletcher, Parks Recreation Director, introduced Tammy Bayliss, a former part-time employee
whose "passion in life is people." Receiving her B.A. in Recreation from Washington State University, Ms.
Bayliss later worked for the University of Washington. The new employee will focus on adult sports
programs and special interest areas as well.
b. Presentation of Donation Ted Rutt. Tukwila Police Department
Ted Rutt, Tukwila Police Officer, introduced Aggie Carlman, Todd Mace, Tonya Harris and Ericson
Fernandez. All are employees of the Asset Protection Program or the store itself at Southcenter Mervyn's.
As was done nine years ago, Mervyn's agreed to make a crime prevention donation to the Tukwila Police
Department in the amount of $950.00. These monies are to be used primarily for a Children's Finger
Printing /Identification kit. An October 25, 2003 date has been set to distribute the kits at Mervyn's from
12 4 p.m. Children will also receive bags which allow them to trick -or -treat at many of the mall's
numerous stores.
Ms. Carlman was proud to announce Mervyn's donates $2 million per week for programs that better a
community. As a business, they are committed to being a good neighbor. This law enforcement grant,
as Ms. Carlman stated, "is the right thing to do."
CITIZEN COMMENT /CORRESPONDENCE: While there was no citizen comment, two Boy Scouts
were present from Troop 378 to earn their Community/Citizenship badge. Tender Foots Joseph Schenk
and Nicholas Stevens introduced themselves to Council.
City of Tukwila
City Council Regular Meeting Minutes
CONSENT AGENDA:
a. Approval of Minutes 09 -22 -03 Special Meeting
b. Approval of Vouchers 302045 302357, in the amount of $4,589,773.56
c. Accept as complete the Minkler Shops Traffic Signal Cabinet Room contract with Paasche
Construction; authorize release of retainage (final cost of project: $58,924.40).
DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA AS
PRESENTED. The motion carried 7 -0.
UNFINISHED BUSINESS:
a. An ordinance granting a non exclusive franchise to VoiceStream PCS III
Corporation, a subsidiary of T- Mobile USA, Inc.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
GRANTING A NON- EXCLUSIVE FRANCHISE TO VOICESTREAM PCS III CORPORATION, A
SUBSIDIARY OF T- MOBILE USA INCORPORATED, LEGALLY AUTHORIZED TO CONDUCT
BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF INSTALLING,
OPERATING, AND MAINTAINING A WIRELESS TELECOMMUNICATIONS SYSTEM IN
CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
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October 6, 2003
Reviewed at the September 16, 2003 Utilities Committee meeting, Jim Morrow, Public Works Director,
reported Committee approval to forward this item to this meeting. It was clarified that in spite of the fact
the poles for the antenna will be placed on the City's right -of -way, the City may not tax the franchise.
Rather, it may only collect the cost of setting up the agreement (administrative /administration costs).
LINDER MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY TITLE
ONLY The motion carried 7 -0.
Shelley Kerslake, City Attorney, read the title of the proposed ordinance.
FENTON MOVED; DUFFIE SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ.
The motion carried 7 -0.
APPROVED ORDINANCE #2029
b. Overview of financial /budget status of the Foster Clubhouse and Course
Improvements project.
Alan Doerschel, Finance Director, shared with Council a statement of probable costs dated May 18, 2003,
from project architect, David A. Clark. Construction and related costs are $4,302,291.00. Other costs,
including specialty equipment, telephone systems, golf furniture, fixtures and equipment, signage and
other items are $223,801.00; equaling a total of $4,526,193.00. Concessionaire furniture, fixtures and
equipment in the amount of $350,000.00, minus $64,306.00, (already allocated) reduces the total to
$285,694.00; creating a total expenditure of $4,811,887.00.
The original estimate $4,811,887.00, plus $288,113.00 projected additional funding, creates a total CIP
amount of $5,100,000.00.
For clarification, Mr. Doerschel reported no general funds shall be used to pay for the bonds in
association with this project. Golf course revenues and concessionaire revenues will pay for them.
c. Contracts related to golf course project:
1. Authorize Mayor to sign a Concessionaire Agreement with Gordy's of
Tukwila, Inc., for concession rights at Foster Golf Course.
City of Tukwila
City Council Regular Meeting Minutes
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October 6, 2003
Bruce Fletcher, Director of Parks and Recreation, introduced this item to Council. Calling it a win -win
situation, Mr. Fletcher spoke in favor of the proposed contract with Gordy's of Tukwila. Major
components of the agreement include a $25,000.00 good -faith deposit to be paid to the City upon
contract acceptance; agreement terms of seven (7) years; first year percentage of the gross receipts will
be 5% above $2,000,000.00. The concessionaire shall pay all costs of the acquisition of identified kitchen
equipment and perform routine maintenance and cleaning and all necessary repair and replacements.
MAIN MOTION.
CARTER MOVED; FENTON SECONDED; TO AUTHORIZE MAYOR MULLET TO SIGN A
CONCESSIONAIRE AGREEMENT WITH GORDY'S OF TUKWILA, INC., FOR CONCESSION
RIGHTS AT FOSTER GOLF COURSE.*
Responding to written questions posed by Council President Carter, Mike Sweeney, Owner's
Representative, detailed each answer provided with respect to the proposed contract with Gordy's of
Tukwila. The preparer of the agreement shall amend one scribner's error on page 14 of 30, Section XXI
the word CASUALTY must be corrected within the title of the section.
MOTION TO AMEND #1.
CARTER MOVED; DUFFIE SECONDED; TO AMEND SECTION XXI CASUALTY TO OR
DEMOLITION OF CONCESSION AREAS, SECTION B., LAST LINE, LAST PARAGRAPH, PAGE 14
OF 30, BY STRIKING "ONE HUNDRED EIGHTY (180) DAYS" AND INSERTING "TWO HUNDRED
SEVENTY (270) DAYS" The motion to amend carried 7 -0.
MOTION TO AMEND #2.
CARTER MOVED; HERNANDEZ SECONDED; TO AMEND THE CONTRACT BY STRIKING THE
LETTERS B AND C, AFTER THE WORDS EXHIBIT, AND INSERTING THE LETTERS C AND D
(RESPECTIVELY) IN SECTION XXI CASUALTY TO OR DEMOLITION OF CONCESSION AREAS,
PARAGRAPH B, LINE 6, PAGE 14 OF 30. The motion to amend carried 7 -0.
*VOTE ON THE MAIN MOTION, AS AMENDED.
Calling for a vote on the main motion, as amended, Mayor Mullet announced the motion carried
7 -0.
Mike Sweeney explained that though food service equipment "connectivity" is required of the clubhouse
contractor, the equipment itself was originally excluded from the project bid due to uncertainty in the
procurement method sought by the concessionaire to assure his costing interests. The equipment is his
to pay for within the leaseholder provision of the contract.
By authorizing the proposed change order, the City will have avoided the time, cost, logistics, substitution
arguments, and legal exposure that the provider of the Food Service Equipment assumes. Had the
project commissioned a bid or another procurement method for the equipment, the risks and
coordination requirements would have been assumed as well.
The purpose of this motion is to move monies from one activity fund to another activity fund. Additional
dollars are not being sought or spent.
HERNANDEZ MOVED; LINDER SECONDED; TO AUTHORIZE A CHANGE ORDER WITH WADE
PERROW CONSTRUCTION FOR FOOD SERVICE EQUIPMENT IN THE AMOUNT OF
$300,000.00.
(CLUBHOUSE CONSTRUCTION CONTINGENCY FROM $304,447 TO $604,447)
(WPC CONTRACT AMOUNT [INCLUDING WSST] FROM $3,044,768 TO $3,344,768)
The motion carried 7 -0.
2. Authorize Mayor to sign a change order for the golf course project
contract in the amount of $300,000.00
City of Tukwila
City Council Regular Meeting Minutes
NEW BUSINESS:
a. An ordinance repealing Ordinance No. 1993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE 1993, WHICH VACATED WITH
CONDITIONS CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED
FOR STREET PURPOSES, GENERALLY DESCRIBED AS MACADAM ROAD, A SIXTY
FOOT WIDE RIGHT -OF -WAY, FROM SOUTHCENTER BOULEVARD TO OLD 65
AVENUE SOUTH, PREVIOUSLY KNOWN AS OLD BLUFF STREET; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
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October 6, 2003
HERNANDEZ MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY
TITLE ONLY. The motion carried 7 -0.
Shelley Kerslake, City Attorney, read the title of the proposed ordinance.
FENTON MOVED; HERNANDEZ SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS
READ.*
Jim Morrow, Public Works Director, reported that on September 4, 2001, Gerald Schneider and Kevin
Klotz provided a Petition for Street Vacation, including the required number of signatures from abutting
property owners as well as an appraisal.
On June 3, 2002, Council held a public hearing and on August 19, 2002, approved Ordinance 1993.
On August 26, 2002, the petitioners were notified via mail of Council approval and were notified of the
conditions of the ordinance, as well as the expiration date.
On June 12, 2003, Public Works staff sent a reminder of expiration to the petitioners.
Pursuant to Ordinance 1993 and TMC 11.60.030, the vacation and application expire two years from the
date of application, if the conditions have not been met and compensation has not been paid. To date,
none of the five imposed conditions have been met and compensation ($105,327.00) for the right -of -way
has not been received. Mr. Morrow spoke favorably of the proposed ordinance.
*Calling for a vote on the motion Mayor Mullet announced the motion carried 7 -0.
APPROVED ORDINANCE #2030
b. Authorize Mayor to execute lease agreements with Way Back Inn for two City-owned
properties used by WBI for transitional housing.
Rhonda Berry, Acting City Administrator, informed Council of the need to enter into new lease
agreements with the Way Back Inn on two City-owned properties. Of the two homes, one has been
legally converted into a duplex, thus three units are available. To date (this year) 10 families have been
served in these units.
The Way Back Inn uses these homes for working families for three months at a time, without cost to the
families, to assist them in gathering money for first and last months deposit fees for a home of their own.
The leases with Way Back Inn, (5- years), have expired and need to be reauthorized for an additional five
years.
Purchased with Parks and Open Space funds, "Kennedy's Cottage" and "Hartnett Manor" have served a
real purpose. Currently, there are no plans to develop a park at either location.
Responding to a previous inquiry, Ms. Berry informed Council that with a sense of success in mind,
former residents' progress is tracked for a period of one -year post residency at either home. She has
City of Tukwila
City Council Regular Meeting Minutes
learned 80% of former residents have acquired a permanent residence and were able to "get on their
feet" as a result of their living at the transitional housing sites.
Several Councilmembers spoke in favor of viewing the interior of the homes at least once every five
years, in spite of the fact Way Back Inn volunteers view them during every move in /out. The exteriors, it
was reported, are in fine shape. Since the City actually owns the properties, however, Councilmembers
Hernandez and Duffle noted interior inspections may be a good idea before renewing the lease. No
formal action or decision was taken on this suggestion.
Council President Carter suggested a report/update from members of the volunteer organization (Way
Back Inn) during the summer of 2004.
HERNANDEZ MOVED; DUFFIE SECONDED; TO AUTHORIZE MAYOR MULLET TO EXECUTE
LEASE AGREEMENTS WITH WAY BACK INN FOR TWO CITY -OWNED PROPERTIES USED BY
WBI FOR TRANSITIONAL HOUSING. The motion carried 7 -0.
REPORTS:
a. Mayor
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October 6, 2003
Mayor Mullet announced receipt of a Partnership Award from the Serve Our Dog Area (S.O.D.A.) Board
of Directors, on October 4, during the grand opening of the Grandview Park Regional Off -Leash Dog
Area.
Mayor Mullet then read portions of a letter into the record from the Governmental Accounting Standards
Board (GASB), dated October 3, 2003, addressed to him. The letter reads, in part, "Your city's early
implementation of GASB Statement No. 34, Basic Financial Statements and management's Discussion
and Analysis For State and Local Governments, is commendable..." "We are extremely pleased, and
impressed, with the city's reporting of all of its infrastructure well in advance of the required date for
reporting...Your early implementation is a tribute to your finance director Alan Doerschel; senior fiscal
coordinator Brad Williams; fiscal coordinators Lily Jue, Richard Takechi and Linda Grage...I also want to
commend ...the city's governing body for supporting the efforts to provide your citizens and other
financial statement users with a more comprehensive reporting...Congratulations for a job well done." [sic
to all errors /typos contained herein]. The letter was signed by Tom Allen, Chair, GASB.
Finally, Mayor Mullet reported attendance to the September 30 Budget workshop.
b. City Council
Councilmember Duffie attended the grand opening of Grandview Park Regional Off -Leash Dog area on
October 4. He also attended this evening's Finance and Safety Committee meeting.
Councilmember Hernandez attended the September 23 Tukwila Police Department Volunteer
Appreciation Banquet; the September 24 AWC Regional meeting; the September 25 Chamber of
Commerce After Hours Open House at the West Valley Dental Center; the October 2 Equity Diversity
Commission meeting, and the October 4 grand opening of the Grandview Park Regional Off -Leash Dog
area. Additionally, Ms. Hernandez reported the week of September 29 October 4 as National Equality
Week.
Council President Carter served as Facilitator at the September 24 AWC Regional meeting. She also
attended the September 25 Lodging Tax Advisory Board meeting; the September 30 SCATBd meeting
and the October 3 AWC Board meeting.
Councilmember Haggerton attended the September 30 Budget workshop and the October 1 ACC
Executive Committee meeting.
Councilmember Linder attended the September 30 Budget workshop.
City of Tukwila
City Council Regular Meeting Minutes
Councilmember Fenton attended the September 30 Budget workshop.
Councilmember Simpson attended the September 30 Budget workshop.
c. Staff
Rhonda Berry reported attendance to the October 2 and 3 First King County Regional Justice Summit.
Steve Lancaster, Director of Community Develooment, announced the City's receipt (from Sound
Transit) of an unclassified use permit, design review and shoreline variance request.
d. City Attorney
Shelley Kerslake had no report.
e. Legislative Analyst
Lucy Lauterbach encouraged Councilmembers to be in contact with King County Animal Control officers
when they are serving in the Tukwila area.
MISCELLANEOUS:
Councilmember Duffie invited all to attend a November 10 Veteran's Day Celebration at Tukwila
Elementary School wherein a BBQ will be held in honor of all Veterans.
8:39 p.m. DUFFIE MOVED; HERNANDEZ SECONDED; TO RECESS THE REGULAR MEETING
TO CONVENE THE EXECUTIVE SESSION. The motion carried 7 -0.
EXECUTIVE SESSION:
Potential Litigation Pursuant to RCW 42.30.110(1)(i) —15 minutes
8:40 p.m. Executive session began.
8:50 p.m. Executive session ended.
ADJOURN:
8:51 p.m. MAYOR MULLET DECLARED THE REGULAR MEETING ADJOURNED.
c'
Steven M. Mullet, Mayor
Date Minutes Signed: October 20, 2003
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October 6, 2003
fi t f (mil /co
Robert H. Baker, CMC, Deputy City Clerk