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HomeMy WebLinkAbout2008-06-16 Regular MinutesTUKWILA CITY COUNCIL June 16, 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 7:04 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy 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 Jim Haggerton, Mayor; Derek Speck, Acting City Administrator; Peter Beckwith, Assistant City Attorney; Jim Morrow, Public Works Director; Don Tomaso, Fire Battalion Chief; Kimberly Walden, Municipal Court Judge; Trish Kinlow, Court Administrator; Mary Miotke, IT Director; Christy O'Flaherty, City Clerk. SPECIAL PRESENTATIONS Introduction of Court employees Amy Miller, Administrative Support Technician, and Julie Tran, Administrative Support Assistant Kimberly Walden, Municipal Court Judge, introduced Julie Tran, Administrative Support Assistant for the Court. Ms. Tran has been working for the City, both in the Court and the City Attorney's Office, as extra labor for many years. Judge Walden relayed that Ms. Tran is one of the most hard working, dedicated individuals she has encountered. Judge Walden also introduced Amy Miller, Administrative Support Technician for the Court. Ms. Miller has a Bachelor's Degree in Criminal Justice and Sociology from Washington State University. She has proven to be a quick learn and has exceeded all expectations. The Councilmembers welcomed Julie Tran and Amy Miller to the City of Tukwila. CITIZEN COMMENTS Aaron Hundhofte, 3723 South 126th St., indicated he has been in communication with the Department of Community Development and the Code Enforcement Division for the past 3 years regarding noise and related issues in the area of East Marginal Way and South 128th Street. He has paid hundreds of dollars out of his own pocket for noise studies. Recordings have been taken that indicate activities on the property violate dBA levels for noise. It is his understanding that no fines have been issued against the target property within the last 60 days, nor a commitment to prevent further violations. He has been told the City can do nothing more at this point. He is seeking assistance from the City Council to resolve this issue. Derek Speck, Acting City Administrator, indicated he would work with the Department of Community Development to ensure the Council is provided a staff summary on this issue. He also requested contact information from Mr. Hundhofte for follow -up on the matter. The Councilmembers discussed the issue, and it was conveyed it would be helpful to have a briefing at a Council meeting. It was also suggested the item be forwarded to the Finance and Safety Committee for review. It was determined the item would not be sent to a Committee at this time, as the Council would City of Tukwila City Council Reaular Meeting Minutes like an overview from staff as to the status of the issue. The Council can then decide if there is need for public review. Brian Kennedy, 12802 37th Avenue South, indicated he has been speaking about the issues in the area of East Marginal Way and South 128th Street for 30 years. The prior company at this location made as much noise, if not more than the current company. He is hoping to see this matter resolved. CONSENT AGENDA a. Approval of Minutes: 05/27/08 (Special); 06/02/08 (Regular) b. Approval of Vouchers #339659- 340005 in the amount of $1,056,808.67 MOVED BY DUFFIE, SECONDED BY HERNANDEZ TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED 7 -0. BID AWARDS Award a contract to Northwest Playground Equipment for purchase of Codiga Park picnic shelter and other park amenities in the amount of $43,990.35. MOVED BY DUFFIE, SECONDED BY HERNANDEZ TO AWARD A CONTRACT TO NORTHWEST PLAYGROUND EQUIPMENT FOR PURCHASE OF CODIGA PARK PICNIC SHELTER AND OTHER PARK AMENITIES IN THE AMOUNT OF $43,990.35. MOTION CARRIED 7 -0. PUBLIC HEARINGS An ordinance providing for the acquisition of land for the purpose of constructing the Tukwila Urban Center Access Project. 7:21 p.m. Mayor Haggerton opened the Public Hearing and called for citizen comments. Jim Morrow, Public Works Director, gave an overview of this issue. Final design of the Tukwila Urban Center Access Project (Klickitat) is complete. Right -of -way, permanent easements, and temporary construction easements are needed along the route in order to construct the proposed improvements. The Council is being asked to adopt an ordinance providing for the acquisition of the necessary land to complete the project. As with previous projects that have involved acquiring additional property, the City will do everything within its power to work cooperatively with the property owners. However, should the City not be successful in these efforts, condemnation of the property would be required. Letters have been mailed to property owners notifying them of this potential condemnation and the Council's schedule for ordinance approval. No citizen comments were received. 7:22 p.m. Mayor Haggerton closed the Public Hearing. UNFINISHED BUSINESS a. Fireworks Permits 1. Approve a fireworks permit submitted by Tom Whitacre for a fireworks display at the All Nations Cup event at the Starfire Sports complex on June 22, 2008. MOVED BY ROBERTSON, SECONDED BY GRIFFIN TO APPROVE A FIREWORKS PERMIT SUBMITTED BY TOM WHITACRE FOR A FIREWORKS DISPLAY AT THE ALL NATIONS CUP EVENT AT THE STARFIRE SPORTS COMPLEX ON JUNE 22, 2008. MOTION CARRIED 7 -0. Page 2 of 8 June 16. 2008 2. Approve a fireworks permit submitted by Tom Whitacre for a fireworks display at the Family Fun at the Fort event at the Starfire Sports complex on July 4, 2008. City of Tukwila Citv Council Reaular Meetina Minutes MOVED BY ROBERTSON, SECONDED BY GRIFFIN TO APPROVE A FIREWORKS PERMIT SUBMITTED BY TOM WHITACRE FOR A FIREWORKS DISPLAY AT THE FAMILY FUN AT THE FORT EVENT AT THE STARFIRE SPORTS COMPLEX ON JULY 4, 2008. MOTION CARRIED 7 -0. b. A resolution declaring surplus the playground equipment located at Fort Dent Park. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING SURPLUS THE PLAYGROUND EQUIPMENT LOCATED AT 14800 STARFIRE WAY, FORT DENT PARK, AND AUTHORIZING ITS DISPOSAL. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Peter Beckwith, Assistant City Attorney, read the proposed resolution by title only. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1662. c. An ordinance providing for the acquisition of land for the purpose of constructing the Tukwila Urban Center Access Project. 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 URBAN CENTER ACCESS PROJECT (KLICKITAT- SOUTHCENTER PARKWAY ACCESS REVISION) IN TUKWILA, WASHINGTON; 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. Peter Beckwith, Assistant City Attorney, read the proposed ordinance by title only. MOVED BY LINDER, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2206. d. A resolution adopting a six -year Transportation Improvement Program for 2009 -2014. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM (2009- 2014), AND DIRECTING THE SAME TO BE FILED WITH THE STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. Page 3 of 8 June 16. 2008 MOVED BY LINDER, SECONDED BY HERNANDEZ THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Peter Beckwith, Assistant City Attorney, read the proposed resolution by title only. MOVED BY LINDER, SECONDED BY HERNANDEZ THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7 -0 TO ADOPT RESOLUTION NUMBER 1663. e. Authorize the Mayor to sign an agreement with Fehr and Peers /Mirai to provide transportation modeling services in conjunction with the City's Concurrency Management Program in the amount of $32,453.00. City of Tukwila City Council Reaular Meetina Minutes f. Authorize the Mayor to purchase Emergency Management equipment in the amount of $61,000.00 to include: 1) Two Disaster Emergency Response Trailers to provide shelter supplies for 100 workers 2) One Emergency Water Distribution System 3) Thirteen American Red Cross ten person Disaster Supply Kits 4) Twenty -seven Eton /American Red Cross NOAA Weather Radios NEW BUSINESS Page 4 of 8 June 16. 2008 MOVED BY LINDER, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH FEHR AND PEERS /MIRAI TO PROVIDE TRANSPORTATION MODELING SERVICES IN CONJUNCTION WITH THE CITY'S CONCURRENCY MANAGEMENT PROGRAM IN THE AMOUNT OF $32,453.00. MOTION CARRIED 7 -0. MOVED BY ROBERTSON, SECONDED BY LINDER TO AUTHORIZE THE MAYOR TO PURCHASE EMERGENCY MANAGEMENT EQUIPMENT IN THE AMOUNT OF $61,000.00 TO INCLUDE: 1) TWO DISASTER EMERGENCY RESPONSE TRAILERS TO PROVIDE SHELTER SUPPLIES FOR 100 WORKERS 2) ONE EMERGENCY WATER DISTRIBUTION SYSTEM 3) THIRTEEN AMERICAN RED CROSS TEN PERSON DISASTER SUPPLY KITS 4) TWENTY -SEVEN ETON /AMERICAN RED CROSS NOAA WEATHER RADIOS MOTION CARRIED 7 -0. Mayor Haggerton commended the City Council and staff for their work in making Tukwila a leader in emergency preparedness and emergency management. A motion that the Council approve the Agreement for Reimbursement #08 -036) and the First Addendum between the City and La Pianta LLC, regarding the Tukwila 205 Levee Repair Project and authorize the Mayor to sign the First Addendum. MOVED BY ROBERTSON, SECONDED BY GRIFFIN THAT THE COUNCIL APPROVE THE AGREEMENT FOR REIMBURSEMENT #08 -036) AND THE FIRST ADDENDUM BETWEEN THE CITY AND LA PIANTA LLC, REGARDING THE TUKWILA 205 LEVEE REPAIR PROJECT AND AUTHORIZE THE MAYOR TO SIGN THE FIRST ADDENDUM.* Jim Morrow, Public Works Director, provided a summary of this issue. The storms in November 2006 caused 1600 lineal feet of damage to the Tukwila 205 levee (800 feet in Site 3, which is Wells Fargo /Carlyle and 800 feet in Site 5, which is La Pianta /Segale). The King County Flood Control Zone District has rated the damage to Site 5 as the #1 priority for repair. The U.S. Army Corps of Engineers (Corps) has included the Tukwila levee repairs on their top -10 list. The Corps informed the City they would pay for repairs to the damage in Sites 3 and 5, if repairs could be made in this construction season. Failure to make repairs this season would lead to decertification of the levee. It is imperative to proceed with repairs at this time, as the Corps does not have funding available for next year. Going through another winter with the levee in its current state of disrepair would prove unsafe to the community. The Corps had approved a design concept referred to as "laying the levee back." This design would provide a more gentle slope on the water side, add toe rock, and provide strengthening to the 1600 lineal feet of damaged area. The City would be required to acquire the additional land (easements) necessary to make those repairs. 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. The property owner (La Pianta) could not support the "laying the levee back" design of the Corps and requested a new design, involving the extension of a retaining wall to be approximately 800 feet long. On May 22, 2008 a meeting occurred with Colonel McCormick and representatives from La Pianta. During that meeting, the Corps of Engineers agreed to change the design for Site 5. Since the proposed retaining wall would 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 City of Tukwila City Council Regular Meeting Minutes Page 5 of 8 June 16, 2008 the design chosen by the Corps does not have. The Corps cannot accept payment from a private entity (La Pianta). Since the City of Tukwila is the sponsor for this levee, the Corps would look to the City to pay those costs. The City was asked to assist with this change that required 4 conditions to be met by May 30, 2008: 1. An approved reimbursement agreement between Tukwila and La Pianta for all costs associated with adding the retaining wall. That agreement #08 -036) was signed by both parties and is before the Council this evening. 2. Easements were to be provided by La Pianta at no cost to the City. 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. All conditions above were met by May 30, 2008. One week later, La Pianta approached the Corps and asked if they could build the wall themselves, in lieu of the Corps doing the repair work. The Corps accepted the idea and again came to the City for assistance in facilitating the change. The Corps has requested the City take over construction management of the project. The First Addendum to the Agreement for Reimbursement #08 -036) is before the Council this evening. This addendum has been crafted similar to other City construction contracts and includes sections on Scope of Work, Design Specifications, Codes and Standards, Retention of a Construction Manager and Project Inspector, Quality Control /Quality Assurance Requirements, and Submittals. The intent is that inspectors from both the City and the Army Corps of Engineers will sign off on all work submittals for this project. The addendum also includes language that La Pianta shall be responsible for all costs associated with its own construction of the levee wall, and shall reimburse the City for all costs incurred by the City for construction management services. Mr. Morrow provided an explanation of the construction timeframe. He indicated La Pianta shall construct the wall starting at the southern end and proceed north. They shall strip and remove all forms from the entire levee wall, and the curing period for the concrete shall be started no later than August 15, 2008. A 2 -year guarantee is included in the contract, which is standard in any of the City's construction projects. The Indemnification clause provides solid safeguards to the City regarding the risks involved. Councilmember Hernandez expressed appreciation for the clear overview. She inquired if one of the benefits to the City is that construction work could start earlier. Mr. Morrow responded in the affirmative. He relayed the Corps' requirement is that the construction be completed in a single season. The addition of the wall does stretch out that period, and La Pianta will start their work 2 -3 weeks before the Corps begins, allowing the levee repair to begin earlier. Councilmember Linder indicated the thorough information helped provide perspective. She conveyed frustration at the many turns this issue has taken and hopes it will not continue. While this is good for the City and La Pianta, it has been very hard getting here. Council President Duffie asked about what would occur if the City did not handle the matter in this way. Mr. Morrow indicated if we did not proceed in this manner, it would not be done this year. The Corps would withdraw their money to put toward another project, and we would go through the winter with the levee in its current condition. Mr. Morrow stated he is uncertain as to how the levee would then be repaired by next summer. Mr. Duffie inquired if this contract is in the best interest of the City, and Mr. Morrow responded in the affirmative. Councilmember Robertson asked the City Attorney for clarification regarding the 2nd sentence of the Indemnification clause on page 53 of the packet: "Should a court of competent jurisdiction determine that RCW 4.24.115 applies; the indemnification set forth herein shall be valid and enforceable only to the extent of La Pianta's negligence." City of Tukwila City Council Reaular Meetina Minutes Page 6 of 8 June 16. 2008 Peter Beckwith, Assistant City Attorney, explained there are some provisions put into contracts that State law has decided are against public policy. Some terms added to contracts are weighted to one side or the other. This law allows courts to "cross out those sections. While it is not required, it does provide protection to the City. Councilmember Griffin relayed disappointment that this issue appeared to be complete, and then it returned suddenly with additional changes. It is her understanding that if the Council does not approve this, the levee could get decertified and businesses would be put in jeopardy. She is grateful at moving forward, yet uncomfortable with the continuing changes, and inquired if more can be expected. Mr. Morrow conveyed that while he cannot offer guarantees regarding potential changes, he can commit that construction will begin next Monday. The permits are in place, La Pianta is ready to begin work, and the City will do the hiring for the construction management and inspection services. Councilmember Griffin stated that if the City says "no" to this, there is not enough time to move forward on condemnation to acquire the needed land. So, we really do have to do this? Mr. Morrow responded in the affirmative. Councilmember Quinn indicated it is unfortunate when the Council is asked to vote on an issue where there really are no options. He conveyed appreciation to Mr. Morrow and the staff of the Public Works Department for all the work done on this important issue. Council President Duffie thanked the Segale family and the City, and expressed hope for a close working relationship for the future. *MOTION CARRIED 7 -0. REPORTS a. Mayor Mayor Haggerton attended the Information Technology and Communications (ITC) Steering Committee event in Colorado June 12 -14, 2008. The Mayor is the Chairperson for the Committee, and it was well attended with 30 committee members. The discussions involved national broadband and digital television conversion. The committee received a surprise visit from the Vice President of the National League of Cities (NLC), who complimented the committee on its accomplishments. On June 11, 2008, the Mayor attended the SCORE group meeting that is involved with issues relative to siting and building a new jail for area cities. King County has indicated they will no longer be housing misdemeanants for local jurisdictions, and the cities of Tukwila, Auburn, Federal Way, Renton, and Des Moines are working collaboratively toward a solution. More information will be forthcoming on this issue. That same evening the Mayor attended a Suburban Cities Public Issues meeting, which was well attended. The Mayor will be out of town for the rest of this week in Yakima at the Association of Washington Cities (AWC) meeting. He is a member of the Board of Directors, and the Board meeting will be held during this conference. Mayor Haggerton reported that Tukwila has won the Well -City Award for the 5th year in a row, which is considered exemplary. Additionally, Dave Johnson from the Parks and Recreation Department nominated Tukwila for a Fit -City award. The City has also been awarded that honor, and the Mayor will accept the award on June 23, 2008 at Qwest Field. The Mayor indicated there will be a Centennial ceremony to open the Time Capsule at City Hall on June 23, 2008, and the time has not yet been determined. There will also be a celebration during the Council Meeting that same evening at 7:00 p.m. Costco is also having a Centennial sponsored event from 11:00 a.m. -1:00 p.m. on June 23, 2008 at their location in Tukwila, where cake and refreshments will be provided. City of Tukwila City Council Regular Meetina Minutes Derek Speck, Acting City Administrator, is the contact person during the Mayor's absence. The Mayor asked Jim Morrow, Public Works Director, to give an update on graffiti. Mr. Morrow indicated that at the request of the Council, a Graffiti Hotline has been established (206 431 2180). The line is under the oversight of the Public Works Department, and issues will be coordinated with the proper agencies. Depending on the location, graffiti issues can be handled by the Washington State Department of Transportation (WSDOT), Sound Transit, the Parks Department, Code Enforcement, or the Public Works Department. Callers are given the option to have their calls returned with follow -up information upon request. Jim Tryer from the Street Department has recently provided educational information to church volunteers regarding graffiti removal. The Police Department has apprehended a graffiti artist, and a bill for cleanup will be sent to the individual's parents. Mr. Morrow explained that at this time, the Public Works Department spends $7,000 $8,000 a month on graffiti removal and cannot keep up. The Councilmembers expressed appreciation for the work done by the staff toward graffiti issues. b. City Council Page 7 of 8 June 16. 2008 Councilmember Hernandez thanked the staff of the IT Department for training on the new Council laptops. On June 13, 2008, she attended the Chamber of Commerce lunch, where the Superintendent of the Highline School District was the speaker. On June 16, 2008, she attended training on "Understanding Poverty" sponsored by the Department of Social and Health Services. The speaker was Donna Beagle, who went from abject poverty to attain a doctorate. Ms. Hernandez found the presentation to provide a deeper understanding of the issues. Councilmember Hernandez referenced a newspaper article regarding Seaport Airlines starting daily flights from Boeing Field to Portland. She expressed concern as to how that occurred without public hearings or notification to the City. Councilmember Griffin offered a reminder about the Tukwila Pantry fundraising breakfast at the Tukwila Community Center on June 20, 2008 at 7:30 a.m. c. Staff Derek Speck, Acting City Administrator, indicated the Parks and Recreation Director has sent a copy of the amended Parks and Open Space Plan to each Councilmember electronically, via email. d. City Attorney There was no report. e. Intergovernmental The Council Analyst was not present. MISCELLANEOUS Councilmember Robertson referenced recent comments regarding unscheduled meetings of the Council going forward, even if all Councilmembers could not attend. Both Councilmember Robertson and Councilmember Hougardy will be unable to attend the Joint Planning Commission /City Council meeting in late July. Due to vacation plans that cannot be altered at this point, Councilmember Robertson will be unable to attend this meeting. The subject matter of the July meeting is relevant to his work on the Water Resource Inventory Area 9 (WRIA9) Steering Committee. In his view summer meetings should be scheduled around the attendance of the Council. City of Tukwila City Council Reaular Meetina Minutes The Councilmembers discussed this issue and afforded comments regarding the difficulty with finding any one date that would accommodate the schedules of all 7 Councilmembers; the possibility of finding an alternate date; and the willingness to explore the possibility of changing the meeting, yet not give up the currently scheduled date. Council consensus existed to explore the possibility of finding an alternate date; if nothing more suitable could be attained, then the current date for the meeting would remain in place. Derek Speck, Acting City Administrator, explained the current process is to work to accommodate the majority of Councilmembers for attendance at a meeting. The Council could choose to adopt a policy that indicates every Councilmember must be available for meetings. He encouraged the Council to ensure they have given the Council Analyst information regarding their vacation schedules. ADJOURNMENT 8:23 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. I� ggerton J(�r Christy O'Flaherty, CMC, City Clerk APPROVED BY THE CITY COUNCIL: 07/07/2008 Page 8 of 8 June 16. 2008