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HomeMy WebLinkAbout2004-11-08 Committee of the Whole MinutesCOUNCIL ATTENDANCE: TUKWILA CITY COUNCIL November 8, 2004 7:00 p.m. Tukwila City Hall Council Chambers COMMITTEE OF WHOLE MEETING MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE: Calling the meeting to order and leading the Pledge of Allegiance at 7:00 p.m. was Jim Haggerton, Council President. Present were Jim Haggerton, Council President; and Joe Duffie, Joan Hernandez, Pam Carter, Dennis Robertson and David Fenton, Councilmembers. Councilmember Pamela Linder was absent. OFFICIALS: Steven M. Mullet, Mayor; Rhonda Berry, City Administrator; Lucy Lauterbach, Legislative Analyst; Bob Baker, Deputy City Clerk; Alan Doerschel and Kevin Fuhrer, Finance Directors; Steve Lancaster, Community Development Director; Rebecca Fox and Carol Lumb, Senior Planners, Community Development; Jim Morrow, Director of Public Works; Bob Giberson, Acting City Engineer, Public Works; Evelyn Boykan and Stacy Hansen, Human Services Manager and Specialist, Mayor's Office; Bruce Fletcher and Rick Still, Parks and Recreation Director and Deputy Director; David Haynes, Acting Chief of Police; and Kim Walden, Judge, Tukwila Municipal Court. SPECIAL PRESENTATION: Introduction of Derek Speck, Economic Development Administrator Mayor Mullet introduced Derek Speck, who will join Tukwila's staff on December 1, 2004. The Economic Development Administrator successfully competed against five other candidates. Calling the position a "wonderful opportunity," Mr. Speck is excited about moving to Tukwila from Fremont, California, where he currently serves as Economic Development Manager. CITIZEN COMMENT /CORRESPONDENCE: Steve McDaniel. General Manager, Golden Nugget, 13975 Interurban Ave. South, read a letter into the record from Tim Iszley. The letter thanked Police and Fire staff for responding to an October 28 incident where a driver hit the building. While nobody was hurt, the building suffered considerable structural damage. Mr. Iszley described responding personnel as "true heroes," and reported they acted without regard for their own personal safety. Council President Haggerton thanked Mr. McDaniel for attending and asked the Deputy Clerk to ensure the Chief of each department received a copy of the letter. City of Tukwila Page 2 of 6 City Council Committee of Whole Meeting Minutes November 8, 2004 SPECIAL ISSUES: Consensus existed to re- arrange Special Issues, items g and e. a. An ordinance providing uniform auidance to employees and elected officials on ethical issues. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A CODE OF ETHICS FOR CITY EMPLOYEES AND OFFICIALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Councilmember Fenton noted review of this item at the October 4 Finance and Safety Committee meeting. Borrowing language from other municipalities and working with the City Attorney, a draft ordinance was prepared and presented to Council. Additionally, it has been reviewed by the City's labor unions. Requested changes (by the unions) were penned and pointed out by Mr. Fenton. Rhonda Berry, City Administrator, noted the ordinance is an update and was written to apply to all City staff and elected officials. And, although Ms. Kerslake was unable to be present, Ms. Berry was able to field questions from the Council where clarification was necessary. For action, consensus existed to forward the proposed draft ordinance to the November 15, 2004 Regular meeting agenda. b. King County Metro Commute Trio Reduction Implementation contract. Jack Pace, Deputy Director, Community Development, presented the annual King County Metro Commute Trip Reduction Implementation contract. Reviewed and approved at the October 12 Community Affairs and Parks Committee meeting, Mr. Pace spoke in favor of Council signing the agreement. For action, consensus existed to forward the proposed contract to the November 15, 2004 Regular meeting consent agenda. c. A resolution rejecting all bids submitted for the Allentown /Foster Point Water and Sewer Improvement Proiect. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REJECTING ALL BIDS SUBMITTED FOR THE ALLENTOWN /FOSTER POINT WATER AND SEWER IMPROVEMENTS PROJECT. Councilmember Carter introduced this item and reported its review at the November 2 Utilities Committee meeting. There, it was learned that six bids were received for the project and all six were over the budget by approximately $900,000.00. Jim Morrow, Public Works Director, reported all bids came in above the engineer's estimate. The project may be out for bid once more (perhaps January, 2005) after staff considers possible areas of cost savings (in the plans and specifications). It was pointed out that funds to pay for the improvements come from the 103 (Residential Streets), 403.01 (Water), 403.02 (Sewer), and 412 (Surface Water) funds. The amount budgeted for the project is $6,200,000.00. Bill Toon, 13360 56 Avenue South, Tukwila, stated his displeasure with the figures as submitted. He noted residents have waited a long time for the improvements and the City should move forward. Calling the engineer's estimate "just an estimate," he said the City should move forward as the dollars are City of Tukwila Page 3 of 6 City Council Committee of Whole Meeting Minutes November 8, 2004 "not that far out of line." For these reasons, Mr. Toon spoke in opposition to the City's proposed resolution. Jim Morrow, Public Works Director, spoke of the actual differences between the engineer's estimate and the lowest bid received. The difference is greater than 10 For that reason, he spoke in favor of the proposed resolution. Additionally, Mr. Morrow noted that if staff can work on this immediately, it can be re- advertised and ready for construction season next summer. Discussion ensued. Although no one is happy with the way the results turned out, they agreed it must be re -bid. It doesn't mean we will not do the project; rather, we must find a way to do it within budget. For action, consensus existed to forward the proposed resolution to the November 15, 2004 Regular meeting agenda. d. Contract with Rob Larsen. d /b /a ClearPath, in the amount of $25.000.00 for technical Guidance and direct support for various development opportunities. Dave Fenton reported consideration of this proposed contract at the October 18 Finance and Safety Committee meeting. Present to field Council inquiries was Alan Doerschel, Finance Director. For the record, Mr. Doerschel explained ClearPath's company does municipal planning, development, project management and handles real estate issues. Ms. Berry reminded those present that ClearPath conducted a "Key Customer Survey" in Tukwila approximately three years ago. This particular contract will provide technical assistance with the Tukwila Village development Phase 1A and 1B proposals and provide real estate technical assistance at the City Administrator's direction. Cost of the contract is $25,000.00, with funds being taken from the City's General and Facilities funds. For action, consensus existed to forward the item to the November 15, 2004 Regular meeting consent agenda. e. A resolution authorizina the Mayor to neaotiate an aareement with Wia Properties. LLC, for the use of the Citv- owne4d Tukwila Pond Park property. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE AN AGREEMENT WITH WIG PROPERTIES, LLC, FOR USE OF THE CITY -OWNED PROPERTY AT TUKWILA POND. Carol Lumb, Senior Planner, DCD, noted this was on the Community Affairs and Parks Committee agenda on October 26, 2004. There were a couple issues considered by that committee; one being a clear need for policy direction by the City Council, thus, the draft resolution. Ms. Lumb, in response to Council inquiry, noted Sensitive Areas Ordinance (SAO) discussions have ended, and deliberations will soon begin. Questions, which came up during review of the draft ordinance, will take place during an upcoming work session. The deadline to adopt the SAO is "ideally December 1. This development proposal needs assurance before December 1 so that the mitigation proposal can be affected. This is needed for the developer's prospective financial backers. Richard Freiheit. Bellevue, does commercial work, retail work, and other work with developers and retail clients. He has worked with Mr. Wig for 15 years on various projects and wanted to assure the Council of the quality of projects produced by Mr. Wig. In addition to developing and building, Mr. Wig also is known City of Tukwila Page 4 of 6 City Council Committee of Whole Meeting Minutes November 8, 2004 for maintaining ownership. Buildings are maintained in a "top notch fashion" as he is the one who will be responsible for maintaining them. Mon Wiq thanked Council for the opportunity to speak. He wanted to talk about keys to development, proposed development, and wetland issues. Two keys to the JC Penney development are going to be SAO approval either all or part of it. Property closing is set for January with JC Penney. Mr. Wig's financial institution wants to know how much land exists. They do not know the amount of land which can be developed until passage of the SAO. With the holidays approaching, time for appraisals, loan approval, committee approvals, and other unforeseen issues, Mr. Wig is uncomfortable waiting beyond the December 1 deadline, or he could risk losing all funding. Mr. Wig provided written handouts for Council showing various aspects of building, etc. Minkler Boulevard will be widened to three lanes. SEPA and Design Review applications are in and the final site plan will be tenant driven. They have proposed tenants who have much interest in the site. With City Council adoption (of the SAO) Mr. Wig noted all other facets of the proposed development have been shored up. With everything in motion, construction "could begin the latter part of 2005." Councilmembers provided individual viewpoints on the issue. None spoke in opposition to the proposed resolution. Councilmember Robertson raised concern regarding timing and not wanting to rush into doing pond shoreline improvements until the water quality issue is addressed. Mud is deeper than the water and the City must fix that before spending too much money on the edges. Depth of the pond is crucial for the plans being considered. Additionally, he noted the City must commit resources and time in the coming years in determining what it may take to make it "more healthy." Jack Pace, Deputy Director of Community Development, reminded Council of the November 23 meeting at the Tukwila Community Center wherein they'll further discuss the SAO issues before considering adoption of the related ordinance in late November or early December. For action, consensus existed to forward the proposed resolution to the November 15, 2004 Regular meeting agenda. f. Proposed 2005 Budaet (continued from 11/1/04 Regular meeting). Alan Doerschel, Finance Director, led Council through a review of various proposed budgets for 2005. Going page by page, Mr. Doerschel made technical edits where necessary. With related staff, Mr. Doerschel reviewed the following proposed budgets: Mayor; Sister City Committee; Human Services; Equity and Diversity; Arts Commission; Parks Commission; Library Advisory Board; Municipal Court; Finance; Legal Services; Parks and Recreation; Department 20 Fund Balances; Hotel /Motel Tax; VNET; Contingency; Fire Suppression; Debt Service and Land Acquisition. On hand to answer Council inquiries were Evelyn Boykan, Stacy Hansen, Rhonda Berry, Lucy Lauterbach, Bruce Fletcher, Rick Still, and Kimberly Walden. 9:32 p.m. 9:40 p.m. Council President Haggerton declared a 5- minute recess. Council President Haggerton reconvened the regular meeting. City of Tukwila Page 5 of 6 City Council Committee of Whole Meeting Minutes November 8, 2004 9. Comprehensive Plan Amendments /Growth Management Act revisions (Continued Deliberations). Rebecca Fox, Senior Planner, led Council through formerly suggested edits in an endeavor to prepare a proposed draft ordinance slated for adoption in late November or early December. The proposed ordinance would amend the City's zoning map from Low Density Residential to Manufacturing Industrial Center /Light at the property located at the western terminus of South 126 Street and between Tukwila International Boulevard and 34th Avenue South. Beginning with the draft concomitant agreement, Ms. Fox called for questions from Council. Conditions included within the agreement were used as main discussion points. Unfamiliar terms and their meanings (found within the agreement) were explained. Discussion also centered around "adequate buffers and restricted access, yet not being so restrictive that they affect underlying zoning. Jack Pace, Deputy Director of Community Development, answered Council inquiry on the proposed concomitant agreement and provided clarification to questions on zoning, buffers and access. Lack of clarity among Council and lack of consensus regarding prior decisions on the affected site begged more questions and information from staff. Several present stated their recollection as to what was decided at the October 11 Council meeting wherein Council debated the issue. In the end, Mr. Pace noted he would meet with the City Attorney to get clarification and return to Council. He noted the intent is to put this together for the November 15 meeting (in draft format) and to have the proposed ordinance adopted at the November 22 City Council Special meeting. Next, Council discussed a proposed ordinance wherein Councilmember Carter provided several written edits and comments for consideration. After discussion between staff and Council, no arguments on the edits were presented. Next, Ms. Fox considered proposed edits for the Comprehensive Plan changes to the residential neighborhoods section as provided by Mr. Robertson. Mr. Pace spoke of the need to make changes and he noted that timing on all issues (staffing workload pressures) is important in that most items must be complete by December 1, 2004. Of those currently suggested, only Council desires are reflected. After considering the housing report additional changes may arise. Mr. Pace spoke in favor of Council reviewing the Housing Report and then discussing the proposed amendments. Although a presentation could have been made on the report twice in the recent past, it was canceled due to Council workload. Staff took further comments in order to prepare a draft ordinance that would contain all the edits suggested by Council. The hope is that the proposed ordinances can all be adopted at the City Council Special meeting on November 22, 2004. REPORTS: a. Mayor Mayor Mullet was informed by City staff that a party has come forward with the intention of buying the South Gate Mobile Home Park and maintaining it under its current use. No other information is currently available. City of Tukwila Page 6 of 6 City Council Committee of Whole Meeting Minutes November 8, 2004 b. City Council Councilmember Duffie invited all to attend the November 10 Tukwila Elementary School Veterans Day assembly and barbeque at 11:15 a.m. Councilmember Hernandez attended the Tukwila Government Affairs luncheon on November 2 and the Equity and Diversity Commission meeting on November 4. Finally, she reported attendance to this evening's Transportation Committee meeting. Council President Haggerton noted the strong possibility he and Mayor Mullet will be out of State next Monday, leaving the need for someone else to Chair the meeting. Councilmember Carter attended the November 2 Utilities Committee meeting and the November 4 Streamlined Sales Tax teleconference meeting. Councilmember Robertson reported plans to attend a November 12 meeting with firefighters and labor related officials relative to cost comparisons on employee insurance programs and benefits. To that end, Mr. Robertson was cautioned by fellow Councilmembers to not give the impression that he was representing the City. Mr. Robertson assured the Council and administration that he will attend to "listen and learn." Councilmember Fenton had no report. c. City Administrator Rhonda Berry had no report. d. City Attorney Neither Shelley Kerslake nor her representative were present. e. Legislative Analyst Lucy Lauterbach had no report. ADJOURNMENT: 11:08 p.m. HERNANDEZ MOVED; DUFFIE SECONDED; TO ADJOURN THE COMMITTEE OF WHOLE MEETING. The motion carried 6 -0. Council President Date Minutes Signed: November 22, 2004 /37.?/,L Robert H. Baker, CMC, Deputy City Clerk