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HomeMy WebLinkAbout1999-04-26 Committee of the Whole MinutesSPECIAL PRESENTATION: a. Cascade Water Alliance TUKWILA CITY COUNCIL April 26, 1999 7:00 p.m. Council Chambers City Hall COMMITTEE OF THE WHOLE MEETING MINUTES CALL TO ORDER: Council President Dave Fenton called the Committee of the Whole meeting to order and led the audience in the Pledge of Allegiance. COUNCILMEMBERS PRESENT: Council President Dave Fenton, Councilmembers Pam Carter, Joe Duffle, Jim Haggerton, Joan Hernandez, Steve Mullet, and Pamela Linder. OFFICIALS: John Rants, Mayor; John McFarland, City Administrator; Rhonda Berry, Assistant City Administrator; Bob Noe, City Attorney; Jim Morrow, Public Works Director; and Lucy Lauterbach, Council Analyst. Gwen Maxfield, Interim Director of Cascade Water Alliance, was introduced by Ted Freemire, Operations Manager, Public Works Department. Ms. Maxfield provided a brief overview of the Alliance which was officially formed on April 1, 1999. With four current members (Bellevue, Kirkland, Mercer Island and Skyway Water Sewer District) there is potential for new members currently undergoing an audit process. Monthly board meetings are held on the third Wednesday of each month with the next meeting scheduled for May 19. Ms. Maxfield outlined how the Alliance started and indicated several concepts were important to the purveyors. One was the concept that the Alliance, rather than the City of Seattle, would be responsible for the water needs of the growing areas. This is important as it gives the Alliance a voice, and a vote. Since it is important for Seattle to retain the ownership of its own supply, the Alliance will develop and own any new supply, to include transmission and new development. Two contracts were developed for consideration with Seattle. All new members sign one contract, the Interlocal Contract, when joining the Alliance. The other contract is the Seattle Water Sales Contract. This contract was negotiated by members of the interim water group with the City of Seattle. The contract outlines the agreement for purchasing water from Seattle. Some of the terms include that 75% of existing purveyors by volume must join Cascade Water Alliance for Seattle to sign the water sales contract. The voting structure of the Alliance includes a two -tier system where each agency will have one vote and a weighted vote, based on water consumption. The purpose of this system recognizes that some of the smaller agencies do not have enough weight in the volume usage to have an impact on a decision. Any proposed action has to pass both forms of votes. City of Tukwila City Council Committee of Whole Meeting Minutes Page 2 of 8 April 26, 1999 She indicated that only one rate would apply to each Alliance member and that existing purveyors of "old water" would receive a structured rate for the duration of the contract (2011), which would result in a refund of approximately $4.3 million to Tukwila. This accounts for the value in the difference of rates Tukwila would have paid to the City of Seattle through 2011 versus the new Cascade rate. Cascade guarantees that the City of Tukwila would be even plus 10% of what the rate differential would be. The Alliance will also charge a one -time growth charge Regional Capital Facilities Charge that equates to approximately $905 per user hookup. The Alliance will require quarterly reports from each agency outlining new growth and resultant increase in residential equivalent units. Each additional growth unit would be charged the $905. Currently, each agency has water rights within specific areas issued by the Department of Ecology (DOE). The Alliance is negotiating with the DOE to incorporate all agencies into one planning area and allow the transfer of water rights within the planning area, dependent upon the need of the members. Representation is also and added benefit. Responding to an inquiry from Council, Ms. Maxfield noted a more stable rate base would be realized than under the current system of buying water from Seattle. The Alliance will have a 50 -year contract with Seattle. The rate negotiated is lower than what is projected once the 2011 contract expires. Members, along with using some creative financial strategies would fund capital for development of new water sources. Public notification to customers will most likely be accomplished by each respective agency. An unidentified member of the audience questioned the depth of involvement the tri- county group would pursue now that the Alliance has been formed. Ms. Maxfield said the Tri- County Water Supply Forum (Pierce, King, and Snohomish County planning effort) was started as an Alliance effort and it is not anticipated the forum would be involved at the city or district level. The group is seeking representative members from the three largest cities, three counties, and the RWA Cascade Water Alliance organizations. Cascade Water Alliance would represent King County. To join the alliance, Mr. Freemire noted Council should pass a resolution in favor of joining, and another which appoints Councilmembers (primary alternate) to the Alliance board. Council President Fenton thanked staff for their efforts on the project. b. King County Animal Control King County Animal Control Officer Pam McLaren noted she represents the City of Tukwila and reported on a dangerous dog- biting incident that recently occurred in her jurisdiction. The incident occurred at a training facility for dogs. The dog was on a leash and bit a director on his arm. The victim has to undergo plastic surgery and skin grafts due to the extent of the injury. Ms. McLaren immediately took the dog to its home whereupon she informed the owner of necessary, impending quarantine. City of Tukwila City Council Committee of Whole Meeting Minutes Under the current laws, it is difficult to determine what applicable law applied to this incident. She indicated she wanted to remove the dog for safekeeping and for public safety, has researched the applicable ordinance, and cannot locate regulations that would permit her to remove the dog. A review with City Attorney Noe of the existing code indicated the provision only applies to dogs that are running at large. In this particular incident, the dog was on a leash, but it still inflicted severe injury. She requested Council guidance on the issue. City Attorney Noe said he reviewed the City's ordinance and it is his belief that Tukwila can abate the nuisance portion of the ordinance in spite of the fact only one bite occurred. He said the procedure is somewhat complicated and could be revised to improve the process. Discussion followed between Council and staff on what could be done to address the present issue and what amendments can be adopted to preclude future incidents. Officer McLaren requested that future provisions should not be breed specific and pointed out that the number one dog biter is not a Pit Bull, Rottwiler, or a German Shepherd. Cocker Spaniels are the number one biter. CITIZEN COMMENT /CORRESPONDENCE: Page 3 of 8 April 26, 1999 Cynthia Kennedy, Preston, Gates Ellis, representing Burlington North Santa Fe Railway Company, responded to Council's request for additional information concerning an agreement between Union Pacific and King County. She distributed a copy of a letter and indicated it outlines BNSF's efforts to obtain information about the agreement. BNSF has purged its records and has conversed with individuals who may have knowledge of this agreement. However, they have found no evidence of an agreement. BNSF considers it unlikely that the agreement relates to the hub center, as Union Pacific does not have the authority to bind BNSF. However, BNSF is aware that Tukwila is looking into this matter and would hope that if the City's research uncovers additional information that the company would have an opportunity to review and comment on the information. She said that until factual evidence is discovered that speculation concerning such an agreement should not influence the Council's decision. Ms. Kennedy extended an invitation to the Council to tour the BNSF hub center to observe some of the physical limitations of the north end of the facility that make access through the north gate unreasonable for BNSF. She distributed photographs of the center in the event Councilmembers could not tour the facility. Ms. Kennedy said the BNSF also wants to convey its willingness to work with the City to identify an alternative truck route that would provide reasonable access to the hub center and to other businesses and would be pleased to participate in the proposed roundtable discussion. Michele Driano, Sabev Corporation, 101 Elliott Avenue West. Seattle, thanked the Council for their time to review the International Gateway project on Tukwila International Boulevard. SPECIAL ISSUES a. Discussion Regarding Changing the Name of S. 154 Street to "Southcenter Boulevard," and Changing 57 Avenue South to "Southcenter Parkway." City of Tukwila City Council Committee of Whole Meeting Minutes Page 4 of 8 April 26, 1999 Councilmember Linder said Finance and Safety Committee members are divided. Two different streets are included in the name change. The Committee generally agreed with renaming 57 Avenue South as Southcenter Parkway but was not in agreement with changing the name of S. 154 to Southcenter Boulevard. Councilmember Haggerton indicated Finance and Safety Committee members should review anything that relates to the Fire Department and safety. Additionally, the Fire Department has to approve street name changes. He recommended that in the future, procedures should include other committee reviews. Specifically, Community Affairs and Parks Committee should be the first to review the request. Councilmember Linder recommended that instead of changing the name of S. 154 install better signage on the highway to direct them to Southcenter Boulevard. Councilmember Mullet said he prefers a street to have one name within the City limits of Tukwila. Councilmember Carter said that during the Comprehensive Plan development, discussion of renaming S. 154 Street was in the context of when street improvements would be made to the boulevard. Richard Simpson, 13832 37 Avenue South, Tukwila, noted people constantly stop at Neighborhood Resource Center seeking directions to Southcenter Boulevard. He recommended changing the name to Southcenter Boulevard. Councilmember Hernandez often gives directions to this location and finds it confusing for some people. She does not recall if there were any public comments during the public hearing on the Comprehensive Plan. She would prefer to hear from the public and indicated a public comment period should be included in the process. Councilmember Haggerton said the written information indicated the Fire Department was in favor of changing the name to Southcenter Boulevard for ease of communicating emergency messages. However, as the committee discussion continued, staff from the Fire Department withdrew the recommendation and remained neutral on the issue. Councilmember Duffle said he supports changing the name to Southcenter Boulevard to lessen confusion within the community. Councilmember Hernandez concurred but indicated she would like to have more public input. Councilmember Mullet said he would also like to have more public input, but personally would like to see the name changed. He suggested moving forward on the Parkway name change, since there seems to be agreement. Councilmember Carter suggesting obtaining input from property owners on 57 Avenue regarding the name change to Southcenter Parkway. She suggested that since the name change proposal of S. 154t Street is not time sensitive, time should be given to obtaining public input. Councilmember Haggerton said he agrees with changing the name of 54 Avenue S. He said he is personally in favor of Southcenter Boulevard going all the way to Tukwila International Boulevard, but prefers to receive public input also. Councilmember Linder said she agrees with renaming 57 Avenue S. and supports a public process for S. 154 Street. Council President Fenton recommended forwarding the 57 Ave. S. to Southcenter Boulevard name change to the next Council meeting for action and deferring action on the 57 Avenue S. until more public is received. City of Tukwila City Council Committee of Whole Meeting Minutes Page 5 of 8 April 26, 1999 Councilmembers expressed a desire to hear from property owners on 57 before any Council action. The Council agreed to include both name changes on the next regular Council meeting agenda and review with the City Clerk the proper procedure for notifying the public. b. Ordinance Changing the Terms of Appointment for Members of the Equity and Diversity Commission Councilmember Hernandez noted the ordinance adopted in 1998 held that all position terms would expire at the same time. The appointments are all for one -year periods, thus all appointments will expire in July, 1999. The proposed ordinance would amend the appointments to stagger terms of the nine member board. Councilmembers reviewed the proposed language and noted some inconsistencies with the position numbers. Councilmember Hernandez agreed to another review of the proposed ordinance at the next Community Affairs and Parks Committee meeting and return to a regular Council meeting for review and action. c. Resolution Authorizing the Mayor to Sign the Cascade Water Alliance Interlocal Contract Councilmembers commended Ms. Maxfield on her presentation concerning the Cascade Water Alliance. Director Morrow reported one aspect of the Alliance that has not been addressed is what happens if the Alliance does not secure a majority of the members. He indicated the Alliance would dissolve and that Tukwila would not be at any disadvantage if this were to occur. Councilmembers concurred to move the proposed resolution for authorizing the Mayor to sign the Cascade Water Alliance interlocal agreement to the next regular City Council meeting. d. Resolution Designating Representatives to the Cascade Water Alliance Councilmembers agreed to appoint Councilmember Mullet as the primary and Councilmember Haggerton as the alternate as representatives to the Cascade Water Alliance. Additionally, they concurred to move the proposed resolution for designating representatives to the Cascade Water Alliance to the next regular City Council Meeting. e. Banking Services Contract with U.S. Bank Councilmember Linder reported this issue has been before the Finance and Safety Committee who has recommended selection of U.S. Bank for the City's banking needs. Three bids were received, with U.S. Bank projected at 20% lower than the other two bids. Councilmembers concurred to move the issue to the next regular Council meeting for approval. City of Tukwila City Council Committee of Whole Meeting Minutes Page 6 of 8 April 26, 1999 REPORTS a. Mayor Mayor Rants referred to staff's quarterly reports and recommended following standard procedure for the reports to be reviewed by Committees before Council's review. Mayor Rants recently received notification from the King County District Court stating that they would no longer be able to supply probation services to Tukwila's court system. Currently, Tukwila has contracted with them to provide the service. Services would no longer be provided after June 30 unless Tukwila provides legal and indemnification coverage to release King County from liability. Mayor Rants said he would be reviewing the issue with Administrator McFarland, obtaining cost estimates for indemnification insurance, and checking with WCIA to determine if such insurance exists and /or whether the City can even indemnify the County, under those circumstances. More information will follow before the deadline of June 30. b. City Council Councilmember Duffle reported that he attended the Volunteer reception at Foster High School on Friday, April 23. He reported that Foster High school had an assembly on the Colorado school shooting urged everyone to become involved with their children's life and most importantly learn to communicate better with youth. Councilmember Hernandez attended the REACH meeting on April 20 and distributed copies of the last meeting and the current agenda. Discussed was the minor home repair program. RFQ's went out on April 21 to administer the repair program. Senior services of King County has expressed interest on the bid. She does not think it will be awarded until May. $10,000 was budgeted from the City and REACH will add an additional $8,000 to administer the program. REACH has been approved for a Vista volunteer to help with the "Paint Your Heart Out" program. Terry Smith is meeting with Washington Mutual to research how to set up a first time homebuyer program using a down payment assistance program. Approximately $54,000 is currently available in CDBG funds that could be reallocated to a deferred home loan buyer assistance program. REACH is scheduling an open house at the Tukwila Community Center on May 25 from 4:00 to 6:00 p.m. Councilmember Carter mentioned her attendance at a recent SCATBd meeting. She wants to know how the City's paying for the King Street Station is equitable. She referred to Dan Sherman's point that the jurisdiction's have to accept the third runway because it is a regional facility and stressed that Tukwila shouldn't have to bear the burden of light rail to the airport, if it serves a regional need and is considered a regional facility. City of Tukwila City Council Committee of Whole Meeting Minutes Page 7 of 8 April 26, 1999 She attended a Utilities Committee meeting on April 23. Items for approval included emergency repairs for drainage and a supplemental contract for the design of the solution for the drainage up on the loop. On Wednesday, April 28, Councilmember Carter will attend the Tukwila Community Cares Network meeting and a Foster Community Club meeting. Councilmember Haggerton reported he also attended the Volunteer reception and toured the new building project. He spoke with the architect and owner of the building and stressed that the City can still incorporate some flexibility in some of the development processes and provided an example of Fairfax County located near Washington, D.C. that has dedicated their development policies towards flexibility to draw hi -tech companies. Councilmember Linder attended the Union Gospel Mission Advisory Board meeting on April 20. She reported that the board is undergoing some growing pains because of the Virgil Apartments in Boulevard Park. She said there would be a vote at the next meeting that would seat the same advisory members for both factions. The advisory board will consist of members representing Tukwila, Boulevard Park, and the Sea Tac areas. Councilmembers reviewed possible tour dates for BNSF and agreed to tour on Tuesday, May 4 at 6:00 p.m. Council President Fenton announced the photo session has been rescheduled to May 3 at 6:30 p.m. for Councilmembers. Council President Fenton referred to the gambling issue and indicated Council Analyst Lauterbach has done some research on gambling information. Copies of the information will be distributed later in the week for review. Council President Fenton recommended Council review employee business travel expenses and referred to a recent article in the Grapevine about the subject. He said he would like to obtain consensus on making some improvements and asked Council Analyst Lauterbach to obtain some information from the same four cities that were used for comparing Council stipends and find out what procedures they use. Council President Fenton announced he would be attending a newly formed committee for the Growth Management and Planning Council, contingent on the Council's concurrence. The next meeting is on May 11 in Seattle. Council President Fenton referred to recent discussion on the Council conducting meetings within the community versus only at Council Chambers. Discussion ensued between the Council with everyone agreeing that community meetings were important, however there are issues related to logistics of the meeting with regard to facilities that are conducive to taping and securing portable taping equipment. Councilmembers agreed that those obstacles could be overcome with proper planning and agreed to consider holding community meetings in other locations to facilitate better community relations between the City and the community. City of Tukwila City Council Committee of Whole Meeting Minutes MISCELLANEOUS: Council President Fenton announced the joint meeting of the Council and the Tukwila School District on Thursday, May 20 at 6:30 in Tukwila Council Chambers. c. Staff No reports. d. City Attorney Page 8 of 8 April 26, 1999 Attorney Noe announced that he would be attending the Washington Association of Municipal Attorney conference in Vancouver, B.C., later in the week. He has been asked to be a speaker on drug nuisance abatement. Mayor Rants referred to his recent attendance at the Suburban Cities board meeting and Mary Gates' report on Sound Transit. She made the statement that a vote for Tukwila on Sound Transit would have been a vote against two other suburban cities Burien and Sea Tac. When the Mayor confronted her on her comments, she indicated that if she had voted for Tukwila that Sound Transit would have ended at South Center and Burien and Sea Tac would not have been served. He shared with her the facts about what Tukwila has been doing and the bill submitted to the legislature and that the engineering could have been researched just as extensively by Sound Transit. Referring to a previous statement from Council President Fenton on employee business travel, asked Council to advise City Administration when issues of concern arise so they may be appropriately addressed. ADJOURNMENT: (8:50 p.m.) With no other business to come before the Council, Council President Fenton adjourned the meeting. David Fenton, Council President R44 Robert H. Baker, CMC, Deputy City Clerk for Valerie Gow, Recording Secretary Date Minutes Signed: 1Y r /99