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HomeMy WebLinkAbout2008-04-21 Regular MinutesChristy O'Flaherty, City Clerk, called the roll of the Council. Present were: Council President Joe Duffie, Councilmembers Joan Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn. CITY OFFICIALS APPOINTMENTS TUKWILA CITY COUNCIL April 21, 2008 7:00 p.m. Council Chambers City Hall REGULAR MEETING MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Jim Haggerton called the Tukwila City Council meeting to order at 7:03 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Jim Morrow, Public Works Director; Bruce Fletcher, Parks and Recreation Director; Derek Speck, Economic Development Administrator; Lori Sutter, Assistant Police Chief; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. Equity Diversity Commission: Appointment of Leonard Luna to Position #5 on the Equity and Diversity Commission (term expires 7/31/2010). MOVED BY HERNANDEZ, SECONDED BY GRIFFIN TO APPOINT LEONARD LUNA TO POSITION #5 ON THE EQUITY AND DIVERSITY COMMISSION WITH A TERM EXPIRING 7/31/2010. MOTION CARRIED 7 -0. Mr. Luna relayed that he works at the Tukwila School District and also with the Multi- Cultural Action Committee (MAC). The MAC World's Fair is scheduled for May 9, 2008 at Foster High School beginning at 2:30 p.m. and going into the evening. Appointment of Brenna Arnesen to Position #6 on the Equity and Diversity Commission (term expires 7/31/2010). MOVED BY GRIFFIN, SECONDED BY DUFFIE TO APPOINT BRENNA ARNESEN TO POSITION #6 ON THE EQUITY AND DIVERSITY COMMISSION WITH A TERM EXPIRING 7/31/2010. MOTION CARRIED 7 -0. Ms. Arnesen indicated she is employed at the Southwest King County Chamber of Commerce and has both experience and interest in the use of foreign languages. She is excited at the opportunity to serve on the Equity and Diversity Commission. Community Oriented Policing Citizens Advisory Board: Reappointment of Lynn Churchill to Position #7 on the Community Oriented Policing Citizens Advisory Board (term expires 3/31/2012). MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO REAPPOINT LYNN CHURCHILL TO POSITION #7 ON THE COMMUNITY ORIENTED POLICING CITIZENS ADVISORY BOARD WITH A TERM EXPIRING 3/31/2012. MOTION CARRIED 7 -0. City of Tukwila City Council Reaular Meetina Minutes Appointment of Jeffrey Baker to Position #8 on the Community Oriented Policing Citizens Advisory Board (term expires 3/31/2010). Page 2 of 6 Aoril 21. 2008 MOVED BY GRIFFIN, SECONDED BY DUFFIE TO APPOINT JEFFREY BAKER TO POSITION #8 ON THE COMMUNITY ORIENTED POLICING CITIZENS ADVISORY BOARD WITH A TERM EXPIRING 3/31/2010. MOTION CARRIED 7 -0. Parks Commission: Reappointment of Joanne McManus to Position #3 on the Parks Commission (term expires 3/31/2011). MOVED BY ROBERTSON, SECONDED BY GRIFFIN TO REAPPOINT JOANNE MCMANUS TO POSITION #3 ON THE PARKS COMMISSION WITH A TERM EXPIRING 3/31/2011. MOTION CARRIED 7 -0. The Mayor and City Councilmembers expressed appreciation to the newly appointed members of the Boards and Commissions and thanked them for their service to the City. CITIZEN COMMENTS There were no citizen comments. CONSENT AGENDA a. Approval of Minutes: 4/7/08 (Regular) b. Approval of Vouchers #338477 #338782 in the amount of $1,100,900.01. c. Accept as complete the Southcenter Boulevard Water Main project (Contract #07 -054) with R. L. Alia Company of Renton; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $871,200.00). d. Accept as complete the South 129 Street Drainage project (Contract #07 -162) with Brike Excavating Underground Utilities, LLC; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $40,286.03). MOVED BY DUFFIE, SECONDED BY HERNANDEZ TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED 7 -0. UNFINISHED BUSINESS a. Authorize the Mayor to sign a contract with Community Schools Collaboration of Tukwila for the continued provision of programs at Tukwila schools in the amount of $100,000. MOVED BY HERNANDEZ, SECONDED BY GRIFFIN TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH COMMUNITY SCHOOLS COLLABORATION OF TUKWILA FOR THE CONTINUED PROVISION OF PROGRAMS AT TUKWILA SCHOOLS IN THE AMOUNT OF $100,000. MOTION CARRIED 7 -0. b. Authorize the Mayor to sign an amendment to Contract #06 -059 with Commercial Development Solutions for continued support with issues involving Tukwila South in the amount of $64,000. MOVED BY HERNANDEZ, SECONDED BY GRIFFIN TO AUTHORIZE THE MAYOR TO SIGN AN AMENDMENT TO CONTRACT #06 -059 WITH COMMERCIAL DEVELOPMENT SOLUTIONS FOR CONTINUED SUPPORT WITH ISSUES INVOLVING TUKWILA SOUTH IN THE AMOUNT OF $64,000. MOTION CARRIED 7 -0. c. An ordinance providing for the acquisition of land for the purpose of constructing the Tukwila 205 Levee Repair projects Site 3 5 and providing for condemnation, appropriation and directing the initiation of appropriate proceedings. City of Tukwila City Council Reaular Meetina Minutes Shelley Kerslake, City Attorney, read the proposed ordinance by title only. MOVED BY LINDER, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Page 3 of 6 Aoril 21. 2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND FOR THE PURPOSE OF CONSTRUCTING THE TUKWILA 205 LEVEE REPAIR PROJECT AT SITES 3 AND 5; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR THE COST THEREOF; DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY LINDER, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Jim Morrow, Public Works Director, provided an update to the Council on this issue. The United States Army Corps of Engineers has finished their plans, with 100% design completion. Each of the 3 property owners has been provided easements and legal descriptions. There have been numerous conversations and correspondence with the property owners regarding this issue. There has been the inclusion of an additional sentence in the ordinance on page 2, section 2, as follows: "The Mayor is additionally authorized to make minor amendments to the legal descriptions of the properties described in Exhibit "A," as may be necessary to correct scrivener's errors or to conform any legal description to the precise boundaries of the property actually acquired for the levee repair described herein." Councilmember Hernandez inquired if the property owners are supportive of this project. Mr. Morrow indicated there has been no official notification from any property owner that they are not in support of this project. Ms. Hernandez asked if the bicycle and walking trails would be available during the levee repair. Mr. Morrow relayed that while they will not be available during construction, they will be restored for use after the project is complete. Signs will also be posted to alert users to the construction activity. Councilmember Robertson asked if the land described in the exhibits is sufficient to meet the needs of the Army Corps of Engineers. Mr. Morrow stated it is based upon their final design and is exactly what they requested to complete the repairs successfully. The legal descriptions were compiled based upon the design presented by the Army Corps of Engineers. Councilmember Quinn asked for a recap on the need for this project and an overview of the timeline requirements. Mr. Morrow explained the heavy rains in November 2006 did extensive damage to the levee. Upon inspection by the Army Corps of Engineers, it was determined that sites 3 and 5 required immediate repair, or certification of the levee could be jeopardized. The original deadline by the Corps was the first week of April; they are aware of the diligence the City is exercising to pull together all the issues related to this matter. Mark Segale, LaPianta LLC, indicated they are the landowners for site 5 of the levee repair project. Mr. Segale conveyed support for the safety of the levee. They are willing to give, without compensation, whatever land is needed for the repair. Mr. Segale conveyed, that in his view, this is not a repair; there is a demand for additional land for purposes that go above and beyond the safety of the levee. The work is one of the proposed alternatives that was looked at by the Army Corps of Engineers. A correct legal description has not yet been provided, making it difficult to determine the impacts to the property. Mr. Segale relayed that the City, the Army Corps of Engineers, and King County have been working on this project for over a year. He indicated they were brought in at the last minute and find it to be an unfair and unreasonable situation. An additional permanent access easement is being requested outside the area of this repair. The levee was built and originally certified and recertified without this access easement. The City is asking for an additional 10 -foot permanent easement that was not an original requirement when the levee was certified. There is confusion as to why this minor repair is triggering City of Tukwila City Council Reaular Meeting Minutes changes that were originally acceptable. Mr. Segale indicated that items such as a mid -slope bench, providing vegetation, and adding additional access easements are not necessary for the safety and repair of the levee. They are unwilling to give the easements if these unnecessary elements of the project are included. It involves a waste of taxpayer dollars to go through a condemnation process and have the City pay for land that is unnecessary. Councilmember Linder indicated it is her understanding this project was suggested by the Army Corps of Engineers and that maintenance is required on the levees. How would maintenance be handled without this property. Mr. Morrow explained this is an Army Corps of Engineers design, and property owner suggestions have been taken into consideration. Those suggestions were incorporated, where possible, if the safety and integrity of the levee was not compromised. After all issues were considered, this is the Corps' final design, and provisions for maintenance of the levee were incorporated into the design. Mr. Morrow indicated it was in February that the final design was available to the City, and the information was provided to the property owners as soon as it was available. Councilmember Hernandez inquired as to whether additional property was requested over and above what is needed to provide maintenance. Mr. Morrow conveyed the easements before the Council are based on the United States Army Corps of Engineers 100% design. Ms. Hernandez commented that if the repairs are not accomplished by the next flood season, the City could be responsible to make the repairs in the amount of approximately $1.4 million and the levee could be decertified. Councilmember Robertson spoke in favor of the motion. He indicated the previous levee did fail, and this represents a safer design. Time is also an issue on this matter, and the City would not be able to create a new design in this season, which would result in a serious safety issue. Councilmember Quinn inquired as to the cost impact to the City if no decision were made on this issue. Mr. Morrow explained the construction cost estimate to repair the levee is $1.5 million. Additionally, if the levee were to be decertified, property owners in the urban center would need to raise the level of their structures to 1 foot above the current levee for new construction or major remodeling. Recertification of the levee would be an extremely horrendous undertaking, and the City does not currently have that capability. This would result in millions and millions of dollars in costs to future property owners and to the City as well. *MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2200. NEW BUSINESS *MOTION CARRIED 7 -0. Page 4 of 6 April 21. 2008 d. Authorize the Mayor to sign the first amendment to the Valley Communications Center Interlocal Agreement #00 -026) to add the Valley Regional Fire Authority and King County Fire Protection District #39. MOVED BY ROBERTSON, SECONDED BY LINDER TO AUTHORIZE THE MAYOR TO SIGN THE FIRST AMENDMENT TO THE VALLEY COMMUNICATIONS CENTER INTERLOCAL AGREEMENT #00 -026) TO ADD THE VALLEY REGIONAL FIRE AUTHORITY AND KING COUNTY FIRE PROTECTION DISTRICT #39. MOTION CARRIED 7 -0. MOVED BY DUFFIE, SECONDED BY LINDER TO AUTHORIZE THE MAYOR TO SETTLE THE CITY OF TUKWILA VERSUS NORTHFIELD VENTURES LAWSUIT IN THE AMOUNT OF $855,000.00.* Shelley Kerslake, City Attorney, explained this is the result of mediation between the parties to settle both the City's claim against Northfield and Northfield's counter claim. Under the terms of the original contract, the City is obligated to pay $795,000 to Northfield, so the settlement amount on this issue is $60,000. City of Tukwila City Council Regular Meeting Minutes REPORTS a. Mayor Mayor Haggerton took a driving tour of the proposed pipeline route for the Cascade Water Alliance Tacoma route with Pat Brodin, Maintenance and Operations Manager, on April 18, 2008. The route is 18 miles in length and involves a major construction undertaking. On April 19, 2008 the Mayor participated in the Earth Day event at Codiga Farms and on the Duwamish River. There were hundreds of people in attendance including Senator Margarita Prentice, Representative Dave Upthegrove, and King County Executive Ron Sims. The City received 2 awards for their efforts, that include a letter from the President of the United States. The letter offers congratulations to the members of the Duwamish Alive coalition for receiving the Coastal America 2007 Partnership Award for working to restore the coastal environment. On April 20, 2008, Mayor Haggerton attended a New Year's celebration at the Buddhist temple here in Tukwila (Sarana International Buddhist Temple), and found it to be an excellent event. b. City Council Page 5 of 6 April 21. 2008 Councilmember Hernandez attended the dedication of the Fort Dent playground equipment on April 16, 2008. On April 17, 2008 the Historical Society met at the George Long Building. The growth in membership has required the need for a new location. On April 18, 2008, Ms. Hernandez went on the walking tour of the Tukwila Village site and attended the Duwamish Alive event on April 19, 2008. She was humbled by the number of people from outside the City who came to this event to improve conditions in Tukwila. Councilmember Linder attended the dedication of the Fort Dent playground equipment on April 16, 2008. Council President Duffie attended the Fort Dent playground equipment event on April 16, 2008, as well as the Tukwila Village tour on April 18, 2008. Councilmember Robertson attended a conference regarding environmental law changes in the State of Washington on April 21, 2008. Councilmember Griffin attended a meeting at the Tukwila Pantry on April 16, 2008. Reports from the Tukwila Pantry convey that in 2007 there were 1,912 unduplicated households served by the Pantry. In 2008, there have been 2,270 unduplicated households served. Approximately 1/4 of Tukwila residents use the Tukwila Pantry on a regular basis. She indicated that on June 20, 2008, there will be a fundraiser breakfast in support of the Tukwila Pantry at the Tukwila Community Center at 7:30 a.m. On April 17, 2008, Ms. Griffin attended the Tukwila Children's Foundation (TCF) Board meeting. TCF will be hosting a spring tea at the Nelsen House on April 26, 2008, and it is sold out. Councilmember Hougardy attended the Fort Dent playground equipment event on April 16, 2008. She also attended the Historical Society meeting on April 17, 2008. Ms. Hougardy distributed a report to the Council regarding the SeaTac Center. Councilmember Quinn attended the Duwamish Alive event on April 19, 2008 and also found it humbling that so many were working to reduce the impacts that people make on the environment. There were over 200 people in attendance, working in the freezing rain and the amount of work accomplished was overwhelming. c. Staff Rhonda Berry, City Administrator, reported that owners of the Cowgirl's Espresso Stand have been contacted by the City. The owners indicated a dress code would be implemented and are hoping to voluntarily comply with City ordinances. Ms. Berry reported there have been some transportation issues related to the after school soccer program at Starfire Sports. Students from TCSC and the Tukwila School District are not able to get to the facility. This situation involves students at the middle school and at 3 elementary schools. The Parks and City of Tukwila Citv Council Regular Meeting Minutes Recreation Department will provide transportation for the middle school kids. The elementary schools involve a great number of kids, creating challenges for attaining adequate transportation. While this is a Tukwila School District issue, the City is working to assist with solutions on this matter. d. City Attorney There was no report. e. Intergovernmental Kimberly Matej, Council Analyst, indicated the Joint City Council Tukwila School Board meeting is scheduled for May 22, 2008. The meeting will be hosted by the Tukwila School District. MISCELLANEOUS Council President Duffie indicated that kids are trying to climb over the fence at Joseph Foster Memorial Park, and he has concerns about their safety. He asked if something could be done about this issue, and Mayor Haggerton indicated he would look into the situation. Councilmember Linder indicated that information has been put in the Council boxes explaining the Neighborhood LID issue. Any feedback is required by April 23, 2008, so that letters can go out to the property owners regarding the issue. Barbara Bader, 13660 Military Road, indicated that the Neighbors Without Borders group also worked on Earth Day in the City of SeaTac and collected over 2 tons of garbage. ADJOURNMENT 8:11 p.m. MOVED BY DUFFIE, SECONDED BY HOUGARDY THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. J' Haggert or Christy O'Flahe CVO, City Clerk APPBovED By THE CITY COUNCIL: 5/5/2007 Page 6 of 6 April 21, 2008