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HomeMy WebLinkAbout2008-05-27 Committee of the Whole MinutesCALL TO ORDER/PLEDGE OF ALLEGIANCE OFFICIALS TUKWILA CITY COUNCIL May 27, 2008 7:00 p.m. Council Chambers City Hall COMMITTEE OF THE WHOLE EXECUTIVE SESSION 6:30 7:00 p.m. Potential Litigation, pursuant to RCW 42.30.110(1)(i) Executive Session Start: 6:31 p.m. Executive Session End: 6:55 p.m. Council President Joe Duffie called the meeting to order at 7:04 p.m. and led the audience in the Pledge of Allegiance. The Council President asked all City employees to stand and be recognized; he then asked all citizens to stand and be recognized. Present were Joe Duffie, Council President; Councilmembers Joan Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn. ATTENDANCE Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Jim Morrow, Public Works Director; Bob Noland, Interim Finance Director; David Haynes, Police Chief; Bruce Fletcher, Parks and Recreation Director; Rick Still, Deputy Parks and Recreation Director; Jack Pace, Community Development Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. CITIZEN COMMENT There were no citizen comments. SPECIAL ISSUES a. An ordinance establishing a biennial budgeting process. Councilmember Robertson indicated this item was discussed at the Finance and Safety Committee meeting on May 20, 2008. The committee members were unanimous in recommending approval. A presentation was made to the Council on March 24, 2008 regarding the topic of biennial budgeting. Given the general consensus, an enabling ordinance is being presented for consideration. In order to proceed with a biennial budget process for the 2009 -2010 period, an enabling ordinance must be adopted by June 30, 2008. Councilmember Hernandez inquired as to whether the budget amendment ordinance referenced in the ordinance would have to be passed in December, or if it could be passed in January. Bob Noland, Interim Finance Director, indicated he would research that issue. Mr. Noland also conveyed that after the first cycle of a biennial budget is undertaken, the process becomes smoother and the results are usually very well received. Councilmember Robertson explained that the Finance and Safety Committee expressed a desire to change the manner in which the Council participates in the budget process. There was interest in discontinuing the process of taking each part of the budget to the various Council Committees prior to consideration by the full Council. City of Tukwila City Council Committee of the Whole Minutes The Councilmembers discussed this issue, and it was considered beneficial for budget discussions to occur at a full Council work session, Committee of the Whole meeting or Special meeting. The Council also indicated they would like suggestions from the Interim Finance Director regarding this issue. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. Review and discussion of the Parks Open Space Plan. Page 2 of 7 May 27. 2008 Councilmember Hernandez indicated this item was discussed at the Community Affairs and Parks Committee meetings on April 28, May 12, and May 27, 2008. The committee members forwarded the item to the full Council for consideration. The Tukwila Parks and Recreation Department conducted several public workshops and forums with the assistance of the Tukwila Parks Commission to develop a new 6 -year plan. Public surveys, that included phone interviews, were filled out by registered voters and are included in the plan. An adopted Parks and Open Space Plan is required by the Washington State Recreation and Conservation Office (RCO) in order to qualify for state and federal grant funding. The Council is being asked to forward this issue to the June 9, 2008 meeting for a Public Hearing and the June 16, 2008 meeting for passage of an ordinance adopting the plan. Bruce Fletcher, Parks and Recreation Director, explained there is a grant pending this year in the amount of $230,000 for the Duwamish Riverbend Hill project. If the plan is not adopted by June 16, that grant would have to wait until next year. Mr. Fletcher relayed the importance of taking advantage of grant opportunities expediently, as sometimes the funding becomes unavailable. Mr. Fletcher introduced Tom Beckwith of Beckwith Consulting, who has worked with staff to draft the plan that is before the Council this evening. Mr. Beckwith provided an overview of the plan requirements, as well as the various components. He explained there are elements of the Growth Management Act (GMA) that effect the Parks and Open Space Plan, putting certain requirements on the contents of the plan. The plan needs to be inclusive; needs to be 20 years; and requires balance with the other elements of the Comprehensive Plan (i.e. transportation, land use, housing, environment). One of the provisions of the GMA is that "If it is not in the plan; you can't pursue it." The plan has been developed to be very inclusive for that reason. Another element of the GMA is that the plan must also be feasible, and it requires a 6- year Capital Facilities Program and a strategy denoting affordability. Options have been provided for how that can be accomplished. Mr. Beckwith explained there were various kinds of public input involved in creating the plan. There was a survey of middle school and high school students that garnered 400 responses regarding their preferred activities. A brainstorming session and open house for community members was conducted where various elements of the plan were reviewed and critiqued. There was also a mail out/phone -back survey of registered -voter households to assess reactions to the proposals and the financing options. The plan has also been posted on the City's website. The Councilmembers discussed the draft Parks and Recreation Open Space Plan, with key comments to include: the need to explore the implementation of Impact Fees, as well as other possible funding options; consideration of acquiring properties now to enable recreation related development for the future; inclusion of "pocket parks" in the plan (small areas, preferably in the Urban Center near the Mall) to accommodate workers /shoppers; acknowledgement that there are multiple school districts in the City (Tukwila, Highline, Renton), and the recreational needs could be different in each; recognition that not all components of the recreation system require implementation by public funding; and a desire to discuss the financial portion of the plan at a separate meeting. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE JUNE 9, 2008 COMMITTEE OF THE WHOLE FOR A PUBLIC HEARING AND FURTHER DISCUSSION. City of Tukwila City Council Committee of the Whole Minutes Page 3 of 7 May 27. 2008 c. Authorize the Mayor to sign a Cooperative Agreement with the U.S. Army Corps of Engineers, based on the fulfillment of conditions by LaPianta, regarding Site 5 of the Tukwila Levee Repair project. Councilmember Robertson indicated this item would have come before the Finance and Safety Committee. Due to time constraints, it was decided to bring this item directly to the Committee of the Whole meeting. Jim Morrow, Public Works Director, explained the City has been working with the U.S. Army Corps of Engineers and the King County Flood Control Zone District regarding design and repair of the Tukwila 205 Levee. The Corps had approved a design concept referred to as "laying the levee back." It was determined this design met all of their standards, provided for public safety, met maintenance requirements, and allowed for continued certification of the levee. On May 20, 2008, Mayor Haggerton and Colonel McCormick of the Corps of Engineers discussed the levee issue, and it was agreed that "laying the levee back" was the chosen alternative by the Corps. On May 22, 2008 a meeting occurred with Colonel McCormick and representatives from LaPianta. During that meeting, the Corps of Engineers agreed to change the design for Site 5, which is the area that abuts the Segale property. The deadline to determine if the design can be successfully changed, as well as all other tasks required of the City and the Corps, is May 30, 2008. The new design involves the extension of a retaining wall from the north end of the Site 5 property all the way down to the south end (800 feet long). The Corps has agreed to consider the change due to several factors, including LaPianta's commitment to provide the easements for the repair project without any costs to the City or King County. Additionally, there was a commitment from LaPianta to pay for all additional costs associated with the retaining wall extension. Mayor Haggerton and Colonel McCormick agreed that every effort would be made to facilitate this change if everything could be completed by May 30, 2008. The deadline of May 30, 2008 is essential to allow the Corps to advertise for the project and begin construction during the summer and stay within the fish window, which is critical to the project. It was also agreed that if the deadline of May 30, 2008 cannot be met with regard to the changes proposed by LaPianta, then the design option of "laying the levee back" would be implemented. Mr. Morrow conveyed that since the proposed retaining wall will cost additional money, it is considered by the Corps of Engineers to be a betterment. This does not mean it is safer or a stronger design; it means that it will cost more money and has features that the design chosen by the Corps does not have. The Corps cannot accept payment from a private entity, and the City of Tukwila is the sponsor for this levee. The Corps will look to the City to pay those costs. The estimated cost at this time is $800,000 to $1 million. The final cost estimate will be available when the design is complete. While Mayor Haggerton and Colonel McCormick are committed to working toward facilitating the design change made by LaPianta, the following four criteria are required for successful implementation of that change as follows: 1. An approved, reimbursement agreement between Tukwila and LaPianta for all costs associated with adding the retaining wall. The reimbursement will be for the amount charged by the Army Corps of Engineers and requires completion by May 30, 2008. An email was received today at approximately 4:00 p.m. from LaPianta with the draft reimbursement agreement attached. (The agreement was distributed to the Council.) The agreement has not been reviewed by staff at this time. 2. Four easements for the repair project (at no cost to the City or King County Flood Control Zone District) that will provide the following: (1) footprint for the repair project; (2) allowance for the City to use Segale Park Drive A (private road); (3) a temporary work area; (4) permanent access to the levee for maintenance and repair in the future. Drafts of those easements have been provided by LaPianta and are being reviewed by the Army Corps of Engineers and the City. City of Tukwila City Council Committee of the Whole Minutes Page 4 of 7 May 27. 2008 3. Provision of a letter from the Chairperson of the King County Flood Control Zone District that indicates they will accept the added responsibility and cost for maintaining the retaining wall. 4. An agreement that states that by adding the retaining wall, this does not establish a precedent for the future of any other maintenance repair projects or any new construction projects for a levee. This was identified by the Corps of Engineers as a necessary condition. Mr. Morrow provided an update with regard to the other 3 property owners involved with the levee repair. Signed easements have been acquired from the Washington State Department of Natural Resources. A signed use and possession document from Lily Pointe has been acquired. It is expected there will be a signed use and possession document from Wells Fargo by the May 30, 2008 deadline. The easements that are yet to be resolved are with LaPianta. The Council previously granted the City the right to proceed with condemnation proceedings if it became necessary. The City did take that action with regard to Wells Fargo and LaPianta. Both entities have been served papers; if agreement is reached by either party, they will be removed from the condemnation proceedings. The Council is being asked to authorize the Mayor to sign a Cooperation Agreement between the City and the Corps of Engineers provided all four of the conditions outlined above are met. Mr. Morrow indicated that due to time constraints, the reimbursement agreement (for approximately $800,000 to $1 million) between the City and LaPianta is not available in final form. He indicated he would keep the Council personally informed on the status of the agreement and provide copies by the end of this week. Councilmember Robertson inquired if this Cooperation Agreement is strictly in relation to the betterment (retaining wall) suggested by LaPianta, and Mr. Morrow responded in the affirmative. Mr. Robertson referenced Page 21 of the agenda packet, Articles III and IV, regarding the City's responsibility to "furnish all lands, easements and rights -of- way...." and the City's responsibility to pay $800,000 to $1 million. The agreement indicates the City shall not use federal (grant) funds to meet its share, so any monies would come from the City's General Fund. It also indicates in the agreement that the City is assuming legal liability for this retaining wall. Mr. Morrow explained that if anything were to happen, the liability would be on the team of the City of Tukwila, the Army Corps of Engineers, and the King County Flood Control Zone District. Councilmember Robertson conveyed the highest priority is that this project be accomplished on time this summer, due to risks to the public safety and health. He is in support of the property owner paying to accomplish this betterment, with the expectation that City administration exercise due diligence to ensure the conditions are met on time and with no cost to the City. Councilmember Linder indicated it is her understanding that if all four conditions are not met and prepayment received by May 30, 2008, then the City will follow through with the condemnation proceedings. Mr. Morrow conveyed it is the City's intention to have documents in place to cover all four conditions that have been identified. If that is not accomplished, the City will continue with the previous design and continue with the condemnation proceedings. Councilmember Quinn referenced condition #3 on page 18 of the agenda packet 3. Provision of a letter from the Chairperson of the King County Flood Control Zone District that indicates they will accept the added responsibility and cost for maintaining the retaining wall. He inquired if this would require a vote. Mr. Morrow was uncertain as to how this would be accomplished by the King County Flood Control Zone District. It does establish additional responsibility and costs for the district. Staff from the district has suggested that Mr. Segale go directly to the Chair of the Executive Board to expedite the issue. Councilmember Quinn asked if the Corps would certify a betterment project, and Mr. Morrow responded in the affirmative. Mr. Quinn inquired if there was a flood and the betterment project and the levee were compromised, the City would not be liable as the Corps would have certified the project. Mr. Morrow City of Tukwila City Council Committee of the Whole Minutes Page 5 of 7 May 27. 2008 responded in the affirmative. Since it would still be the Corps' design, the risk to the City is not greater due to the betterment project. Councilmember Robertson commented that if someone rides a bike and goes over the wall, it is the City of Tukwila that will be sued, so there is some element of risk. Council President Duffie expressed concern about possible delays at the County level regarding the provision of the letter delineated in the 3 condition. Mr. Morrow indicated this is a key condition, as it means there has been no commitment by one of the team members for picking up the added responsibility and costs for maintaining the retaining wall. Mayor Haggerton explained that the design of the levee had been finalized for all four of the sites to be repaired. The Corps approved their own design and guaranteed certification if the repairs were completed. The King County Flood Control Zone District had also approved that design. As of May 22, 2008, the scenario changed with the LaPianta request (to extend the retaining wall). The Mayor indicated his prior conversations with Colonel McCormick involved the requirements by the City that the design be guaranteed and the levee be certified; that a guarantee be acquired from King County so the City is not charged for future maintenance; and that there be absolutely no costs to Tukwila. On May 20, 2008, Colonel McCormick relayed to the Mayor there would be no change in the design of the levee. On May 22, 2008, the Colonel contacted the Mayor and asked if the City would be flexible in accepting a re- design to include the retaining wall if it could be accomplished by May 30, 2008. Mayor Haggerton reiterated what he had conveyed to the Colonel in the past with regard to the levee requiring certification, guarantees from the County regarding future maintenance, and no costs to the City being incurred, with a deadline of May 30, 2008. The Mayor addressed Councilmember Duffie's concern about the letter from King County not being received on time. The Mayor conveyed that if condition #3. Provision of a letter from the Chairperson of the King County Flood Control Zone District that indicates they will accept the added responsibility and cost for maintaining the retaining wall is not met by May 30, 2008, we would not proceed with the re- design option. If all conditions on page 18 of the agenda packet are not met by May 30, 2008, this will not go forward. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE SPECIAL MEETING FOLLOWING THE COMMITTEE OF THE WHOLE MEETING THIS EVENING. 8:49 p.m. COUNCIL PRESIDENT DUFFIE DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED TO CONVENE A SPECIAL MEETING. (Special Meeting minutes available under separate cover.) 8:52 p.m. COUNCIL PRESIDENT DUFFIE RECONVENED THE COMMITTEE OF THE WHOLE MEETING TO DISCUSS COMMITTEE OF THE WHOLE ITEMS #4 AND #5 (REPORTS AND MISCELLANEOUS). REPORTS a. Mayor The Mayor attended the Suburban Cities Association dinner, where the topic was the flooding in Lewis County and the subsequent devastation. On May 22, 2008 the Mayor attended the Joint City Council Tukwila School Board meeting. The Mayor also attended the Memorial Day event at the Museum of Flight that honored the Tuskegee Airmen. The Mayor reported that a recent insurance audit by the Washington Cities Insurance Authority (WCIA) gave an excellent rating to the Tukwila Public Works Department. He also reported that 877 dump passes were picked up in the City Clerk's Office for Spring Cleanup in the last 2 weeks. City of Tukwila City Council Committee of the Whole Minutes b. Council Page 6 of 7 May 27. 2008 Councilmember Hernandez attended the Latino Parent Night on May 20, 2008 and the Affordable Housing Advisory Board meeting on May 21, 2008. Ms. Hernandez also attended the Poverty Hill Re- visited performance at Foster High School and thought it was well done and enjoyable. She also attended the Memorial Day event at the Museum of Flight. Councilmember Griffin attended the Tukwila Pantry Board Meeting on May 21, 2008. She offered a reminder regarding the June 20, 2008 breakfast fundraiser for the Pantry at the Tukwila Community Center from 7:30 -8:30 a.m. She also attended the Memorial Day event at the Museum of Flight. She offered thanks to Jim Morrow, Public Works Director, for his assistance with her questions regarding the agenda items. Councilmember Hougardy attended the May 21, 2008 Tukwila Pantry Board Meeting and the Joint City Council Tukwila School Board meeting on May 22, 2008. She also hosted the Council Coffee Chat on May 24, 2008. Councilmember Quinn attended the Joint City Council Tukwila School Board meeting on May 22, 2008. He also met with 2 Councilmembers from the City of SeaTac today and found it to be very beneficial. They are interested in working with the City on matters of joint interest, to include the recent development occurring in the City of SeaTac and the potential impacts to Tukwila. Council President Duffie attended the Joint City Council Tukwila School Board meeting on May 22, 2008 and the Memorial Day event at the Museum of Flight. He invited everyone to attend the Tukwila Elementary School International Day on May 30, 2008 from 9:15 a.m. -1:00 p.m. c. Staff Rhonda Berry, City Administrator, reported that the Tukwila Village Request for Proposals (RFPs) went out on May 23, 2008. She also indicated that a topic at the Joint School Board meeting was the recruitment of volunteers from area businesses. The City Clerk's Office can include letters provided by the School District with business license mailings. Ms. Berry indicated that in reference to the Tuskegee Airmen recently honored at the Museum of Flight, it is important to remember that all of their military groups were segregated (bombers, fighter pilots, support staff). While we think of them as one group, there really were multiple service categories. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental There was no report. MISCELLANEOUS Councilmember Robertson indicated that salaries and benefits have not been reviewed for the Council since 2001 and have not been reviewed for the Mayor since 2003. Mr. Robertson would like to review Council /Mayor salaries /benefits at the Finance and Safety Committee and inquired if there was interest among the rest of the Council. Councilmember Hernandez expressed support for the Councilmembers having equal stipends. Council consensus existed for this item to be considered by the Finance and Safety Committee. City of Tukwila Page 7 of 7 City Council Committee of the Whole Minutes May 27. 2008 ADJOURNMENT 9:12 p.m. COUNCIL PRESIDENT DUFFIE DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. C Fdvkb Christy O'Flahef City Clerk