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HomeMy WebLinkAbout2004-01-20 Committee of the Whole Minutes6:36 p.m. 6:52 p.m. Executive session began. Executive session ended. TUKWILA CITY COUNCIL Council Chambers City Hall January 20, 2004 Executive Session 6:30 p.m. 30 MINUTES Contract Negotiations PURSUANT TO RCW 42.30.110(1)(g) REGULAR MEETING 7:00 p.m. MINUTES CALL TO ORDER /PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7 :00 p.m. and leading the audience in the Pledge of Allegiance was Steven M. Mullet, Mayor. ROLL CALL: Jane Cantu called the roll of Council. Present were Council President Jim Haggerton and Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Pamela Linder, Dennis Robertson and David Fenton. OFFICIALS: Rhonda Berry, Acting City Administrator; Lucy Lauterbach, Council Analyst; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Steve Lancaster, Community Development Director; Bruce Fletcher, Director of Parks and Recreation; Jim Morrow, Director of Public Works; Mary Miotke, Network Administrator; Mike Marcum, Information Technology Specialist; and Alan Doerschel, Finance Director. SPECIAL PRESENTATIONS: CONNECTIVITY PROJECT TUKWILA FIBER NETWORK David Luman, Asset Analytics Jim Morrow, Public Works Director, reminded Council that the concept of a connectivity project came about in 2001 when an Economic Development Forum was held. The connectivity project was a goal adopted by the City shortly thereafter. Since that time (2001), staff has been investigating the feasibility of having that project come to fruition within Tukwila. Staff has appeared before the Council on two prior occasions, at two different milestones. With staff facing a new milestone, Mr. Morrow noted Council must decide, albeit not at this meeting, what we will do with the project. He reported Council must decide if the City will move forward with the project or stop all further efforts with regard this project. There is nothing more Mr. Luman or staff can do without direction /guidance from the Council. Speaking of Council's upcoming retreat (January 31), Mr. Morrow wanted Council to have this information in plenty of time so that it might be considered there. David Luman, President, Asset Analvtics, Portland, Oreaon, had two items to present to Council an update on the fiber network project and a video received from the City of Provo, Utah, entitled iProvo." After a 2002 trip to Provo, Utah, Mr. Luman and certain key staff members saw the network and how it is delivered across the network. The video represents Provo's promotional tool showing their position with respect to this exact same project in their city and state. Provo's program is nearly a mirror of that which Tukwila desires in that they are deploying fiber and inviting third parties to deliver content across the network. Currently, the City of Provo is seating the City of Tukwila Page 2 of 7 City Council Regular Meeting Minutes January 20, 2004 network, they are importing content from a nearby town and bringing that content into a series of pilot projects. Provo staff, community members and local businesses are excited with the results of the project and would like to compare notes and exchange information with Tukwila staff. By way of update to Council, Mr. Luman gave a Power Point presentation and verbal report on what City staff and he have done to date, and talked about the network design and its components (completed since the last time he reported to Council). Additionally, Mr. Luman reported on deployment costs, business models, logistics, speed of systems, a proposed timeline and what may be expected if continued efforts are directed. Jonathon Poole, Ralph Hasler, and Anna Bernhard, individually spoke in favor of the project, discussed the costs and benefits, asked for clarification to issues and urged the Council to move forward with the project. Catherine Harris, Dwayne Travner, Joanne Davis, Dave Seitenbera and Michael Drose, individually spoke against monies already used for the project. Rather, several noted "take rates" dollars would have been more wisely spent on improved garbage pickup /cleanup, general safety, and increased traffic patrol presence in residential neighborhoods. Louise Strander and Dave Seitenbera, individually sought clarification to monies already spent; what portions of the projects would go out to competitive bid, and placement of power "huts" for the fiber lines. Answers were discussed between Council, staff and the requestors of information. Alan Doerschel. Finance Director, responding to inquiries from Council and the community, noted that if /when a decision is made to continue on with the project, staff would obtain a bond anticipation note in an amount "less than $10 million." The bond anticipation note allows the City to bond the money spent as the system is built. The good news with obtaining the anticipation note is that the City can begin spending funds immediately and the cost of borrowing the money on a short term is Tess expensive than borrowing money over a Tong -term loan. Mr. Doerschel reported the ability to "put that package together is fairly easy to do." Mr. Doerschel also responded "there is not a dime" listed within the 2004 operating budget for the initial related costs. Should Council agree to study the subject for another month or two, a budget adjustment will become necessary. Considerable discussion time was spent on this issue between staff, the consultant and Council. In the end, Councilmembers asked for various information (including paper copies of the Power Point presentation) for consideration at their January 31 retreat. CARTER MOVED; LINDER SECONDED; TO AMEND THE AGENDA BY ADDING ITEM 5(c) Authorize Mayor to sign a settlement agreement between the City of Tukwila and Craig Byron, in the amount of $31,981.71. The motion carried 7 -0. DUFFIE MOVED TO CONSIDER ITEM 5(b) BEFORE ITEM 3 (CITIZEN COMMENT /CORRESPONDENCE). Motion died for lack of a second. ROBERTSON MOVED; LINDER SECONDED; TO CONSIDER ITEMS A AND B IN REVERSE ORDER. The motion carried 7 -0. CITIZEN COMMENT /CORRESPONDENCE: Steven Schneider. 5510 South 144 Street, Tukwila, (Co -Chair of the Tukwila School Advisory Council) requested Council create and approve a resolution endorsing the March 9, 2004 4 -year school levy. This is an operations replacement levy for the direct education of students. No new monies are being sought. Levy proceeds pay for hiring teachers and aides, as well as bus routes, school supplies and English as a Second Language classes. City of Tukwila Page 3 of 7 City Council Regular Meeting Minutes January 20, 2004 Mr. Schneider is also Chair of the Tukwila Library Advisory Board. He informed Council of a Library Advisory Board meeting on February 10, 2004 at 7:00 p.m., at Foster Library. Anna Bernhard, 14241 59 Avenue South, Tukwila, spoke against the Tukwila City Council endorsing any school levy (by way of resolution or any other means). She spoke in favor of the Council informing the community about the levy, but not showing support for it. CONSENT AGENDA: a. Approval of Minutes January 5, 2004 Regular b. Approval of Vouchers #304438 304693, in the amount of $1,719,439.74 DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS PRESENTED.* Councilmember Fenton pulled item a. *FENTON MOVED; HERNANDEZ SECONDED; TO AMEND THE JANUARY 5, 2004 REGULAR MINUTES BY STRIKING HIS EXISTING (ERRONEOUS) REPORT AS HE IS NOT PLANNING TO ATTEND A LIVABLE CITIES CONFERENCE AS REPORTED BY THE DEPUTY CLERK. *The motion to amend the minutes carried 7 -0. Such report will be stricken from the January 5 minutes. *The motion to approve the consent agenda, as amended, carried 7 -0. NEW BUSINESS: a. Tukwila Library Changes in Services Discussion only. Rhonda Berry, Acting City Administrator, shared a (large, foam core board) schematic of the "physical planned changes" proposed by the King County Library system. She also pointed out copies of a memorandum to the City Council, from Mayor's Office staff, dated January 14, 2004. Speaking of a January 14, 2004 meeting between City staff, Bill Ptacek and two members of the King County Library system, Ms. Berry noted the biggest communication issue discovered was that while the Library system did tell random members of the community that there were plans for a change in focus (children's library versus adult) at the Tukwila Library, they neglected to inform them what was to be omitted, deleted or replaced once that children's focus was put into place. Library system personnel acknowledged feedback from community members relative to the inclusion of "Choice Reading" books and removal of all others for adults. This was done in connection with their plan to change the library into one that directs its focus on children from pre school through high school ages. Programs (before and after school) will be offered. The library has also shortened the total number of hours from 31 to 20 hours per week at the Tukwila Library location. Adult books may be ordered and picked up at that location, yet no adult books (besides "Choice Reading" selections are available for checkout. Ms. Berry sought direction from Council on this issue in light of the fact the City of Tukwila has an interlocal agreement in place between the two parties. Two possible suggestions included remanding the issue to a specific City Council subcommittee or requesting a presentation from library staff. Shelley Kerslake, City Attorney, responding to Council inquiry, confirmed the lack of a cancellation clause within the Interlocal Agreement in question. Other issues, however, are (best) handled confidentially (in executive session pursuant to potential litigation). She noted there are pro's and con's to bringing breach of contract issues (via lawsuit) against the King County Library System. City of Tukwila Page 4 of 7 City Council Regular Meeting Minutes January 20, 2004 Steve Schneider, Chair of the Tukwila Library Board, reported on meetings over the last six months with the King County Library members. There, proposed changes with respect the Tukwila Library were held. Some changes have been desired for over one year. Library staff acted to change the focus of the library and carried out those changes without comment to Library board members or the Library Advisory Board. We are left with the actions taken by the King County Library System. Issues of transportation, programs, service hours and marketing were discussed between Council members. Anna Bernhard, Louise Strander, Dwayne Trayner, Catherine Harris, and Jessie Richardson, all Tukwila residents and uatrons of the Tukwila Library spoke overwhelmingly against the modified hours to the Tukwila Library. They noted a breach by KCLS personnel of the Interlocal Agreement in place between them and the City of Tukwila. They spoke of being angry, the poor communication between the parties and the community, maintaining the building, the building deserving respect as it's a historical landmark and owned by the City. They spoke of the "institution" of the library and its importance. Additionally, they spoke of changes in staff at the library as well as the lies and innuendos from library staff to various community members and City staff. And, they all spoke in favor of the City doing something to rectify the situation. In the end, Council members spoke in favor of scheduling an executive session to further consider the issue and deciding on appropriate action on this issue. 9:53 p.m. Mayor Mullet called a recess. 10:02 p.m. Mayor Mullet reconvened the meeting. b. Authorize Mayor to sign a contract for services with Asset Analytics Main Motion: CARTER MOVED; FENTON SECONDED; TO AUTHORIZE MAYOR TO SIGN A CONTRACT FOR SERVICES WITH ASSET ANALYTICS IN AN AMOUNT NOT TO EXCEED $59,500.00, TO CONTINUE EFFORTS RELATED TO DEPLOYING A METROPOLITAN AREA NETWORK AND PROVIDING GIGABIT ETHERNET CONNECTIVITY TO TUKWILA CITIZENS AND BUSINESSES.* Primary Motion to Amend: ROBERTSON MOVED; LINDER SECONDED; TO AMEND THE MAIN MOTION BY EXTENDING THE CONTRACT FOR A PERIOD OF 30 DAYS, NOT TO EXCEED $8,500.00, AND TO COVER QUESTIONS AND CONSULTANT SUPPORT SERVICES CITY STAFF MAY ASK FOR IN THAT TIME. *Jim Morrow, Public Works Director, noted the contract with Asset Analytics expired on November 13, 2003. Therefore a need exists to pay for all services rendered in December and to this date (January 20, 2004). Approval of the proposed contract does not approve an expenditure of $59,500.00 in total. Rather, it allows a termination with 30 days notice, such that if the Council decides they do not wish to proceed any further with the project, staff will notify Asset Analytics of that decision. Thirty (30) days from that point and time, the contract will be terminated and the City will pay for the amount of services rendered to the date the contract is ended. Currently, the contractor is owed approximately $17,000.00. Secondary Motion to Amend: ROBERTSON MOVED; DUFFIE SECONDED; TO AMEND THE PRIMARY AMENDMENT; BY EXTENDING THE CONTRACT FOR THIRTY DAYS, WITH AN AMOUNT NOT TO EXCEED $25,000.00. Mr. Robertson does not want the contractor to work on the deliverables listed in the contract until such time as they are reviewed at the Council retreat and such direction is given to the contractor. City of Tukwila Page 5 of 7 City Council Regular Meeting Minutes January 20, 2004 Specifically, Mr. Robertson spoke in favor of deleting (un- numbered) bulleted items 2, 3, 4, 5, 9, 10 from Exhibit A of the proposed contract "Scope of Services." Further discussion ensued between staff and Council, mainly regarding the proposed Scope of Services found within the proposed contract amendment. Mr. Morrow noted the bulleted items simply offer a menu of tasks which could be given to the contractor. They do not mean they would (necessarily) be given each of those tasks for completion. Neither staff nor the contractor has gone beyond what Council has directed thus far. To leave a bullet out of the Scope of Services, the City would be limited in its capability to perform duties related to the contract. Furthermore, Mr. Morrow reminded Council the contract may be terminated at any time they direct same. Council agreed that questions raised earlier in the evening during the presentation by Mr. Luman must be answered and later discussed during the Council Retreat on January 31. Council agreed and was more comfortable with the contract, especially as it holds a cancellation clause of 30 days. Council was also reminded the contractor performed services through the month of December and to this date without being paid. That being said, Council President Haggerton spoke of extending the contract "at least through the end of March" due to the fact it takes time to move things through Council sub committee meetings, COW and Regular meetings. With that, he suggested non numbered bulleted item 2 could be stricken from the Scope of Services and leaving all others in place. Councilmember Fenton spoke in favor of Asset Analytics and the work product they've provided over the past two years. He noted they have gotten us to where we are right now decision time and allowing a proper extension of the contract. Mr. Morrow reported structure of the contract was such that should Council decide to take action this evening, staff would not have to return with another contract. Additionally, staff provided the Scope of Services which would meet Council's desires, whether or not they asked for more information, and to take into account the possibility they did not want to proceed further (thus, using the termination clause). Councilmember Robertson spoke in favor of amending the first sentence in the Scope of Services and asked the City Attorney for an interpretation of the sentence. Ms. Kerslake reported the word "shall" is included twice within the first statement in the Scope of Services. The word shall "obligates the contractor to do those things." With that, she suggested striking of the words "shall" and insertion of the statement, "No work described in Exhibit A shall be commenced without authorization of the City." and Mr. Robertson withdrew the primary and secondary amendment. No vote is required. New Primary Amendment: DUFFIE MOVED; ROBERTSON SECONDED; TO AMEND EXHIBIT A SCOPE OF SERVICES STATEMENT 1, TO READ: "NO WORK DESCRIBED IN EXHIBIT A SHALL BE PERFORMED WITHOUT DIRECTION OF THE CITY COUNCIL." #Discussion: Mr. Morrow stated concern with the words "direction of the City Council." In order for a contract to be executed, staff would require written instruction from the Council to proceed. Rather, he suggested insertion of the verbiage "AT THE DIRECTION OF THE CITY." This would allow the Mayor's Office and staff to work with the contractor as has been done in the past. #Mr. Duffle withdrew the primary amendment. No vote is required. New Primary Amendment: DUFFIE MOVED; LINDER SECONDED; TO AMEND EXHIBIT A SCOPE OF SERVICES STATEMENT 1, SECOND SENTENCE, TO READ: "NO WORK DESCRIBED IN EXHIBIT A SHALL BE COMMENCED UNLESS GIVEN AT THE DIRECTION OF THE CITY. City of Tukwila Page 6 of 7 City Council Regular Meeting Minutes January 20, 2004 #Discussion: Mayor Mullet replaced non numbered, bulleted items with numbers and noted the following shall be prioritized: 1, 6, 7, 8, 11, and 12. Catherine Harris, Tukwila, prepared and read from a written statement which asked, "What's the hurry to approve this contract tonight at the same meeting of a lengthy presentation It noted there "is too much information from both the visual presentation and written material to assimilate and understand in so short amount of time." Ms. Harris also spoke against the City using a contractor who is not licensed by Washington State. After checking with the Department of Licensing, she saw no license and no proof of liability insurance for his work. She was informed Mr. Luman is a consultant (versus a contractor) from the State of Oregon and not a "contractor for construction or repairs" (as in home repair) as commonly licensed by the Washington State Department of Professional Licenses. For the record and to satisfy the question of Ms. Harris, Mr. Morrow noted the project started over two years ago and one of the first decisions made by the Council was to explore the feasibility that came from the Economic Development efforts staff "put through." Since that time, there have been at least three other milestones where information was presented to Council and directional decisions have been made to staff. Councilmember Hernandez reiterated that renewal of this contract does not commit the City to the project "totally." Vote on the Primary Amendment: (language amendments to the first paragraph within the Scope of Services) #The motion carried all ayes 7 -0. Vote on the Main Motion. as Amended: (authorizing Mayor to sign the contract amendment) *The motion carried all ayes 7 -0. REPORTS: c. Authorize Mayor to sign a settlement agreement between the City of Tukwila and Craig Byron, in the amount of $31,981.71. CARTER MOVED; DUFFIE SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A SETTLEMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND CRAIG BYRON, IN THE AMOUNT OF $31,981.71. The motion carried 6 -0 -1, with Councilmember Hernandez recusing herself from the vote as she was absent from the Executive Session (this evening) where this item was discussed. a. Mayor Mayor Mullet reported his intent to attend (with Steve Lancaster) the Livable Cities Conference, in Portland, Oregon; the AWC Conference, in Olympia, WA; and a meeting with Senator Patty Murray. Finally, he reminded staff to submit items to Lucy for inclusion on the Council Retreat agenda. b. City Council Councilmember Duffle toured the progressing Foster Golf Clubhouse today. Councilmember Hernandez attended the January 13 Highway 99 Action Committee meeting; the January 14 Suburban Cities General Membership dinner meeting; and the January 16 Equity and Diversity Commission meeting. Council President Haggerton attended the January 14 Lodging Tax Advisory Board meeting; the Suburban Cities General Membership meeting; and the January 20 Cascade Water Alliance meeting. City of Tukwila Page 7 of 7 City Council Regular Meeting Minutes January 20, 2004 HAGGERTON MOVED; CARTER SECONDED; TO SUSPEND COUNCIL RULES TO PROCEED BEYOND 11 P.M. BY 30 MINUTES. The motion carried all ayes 7 -0. Councilmember Carter attended a SCATBd meeting earlier today. Councilmember Linder plans to attend the Southwest King County Economic Development meeting and a Utilities Committee meeting on January 21, 2004. Councilmember Robertson met with staff from the City's Public Works Department today for additional information /insight on connectivity issues. Councilmember Fenton had no report. c. Staff Rhonda Berry had no report. d. City Attorney Shelley Kerslake had no report. e. Legislative Analyst Lucy Lauterbach had no report. ADJOURN: 11:08 p.m. Mayor Mullet declared the meeting adjourned. Steven M. Mullet, Mayor Date Minutes Signed: February 17, 2004 Robert H. Baker, CMC, Deputy City Clerk