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HomeMy WebLinkAbout2002-10-28 Committee of the Whole MinutesOFFICIALS: SPECIAL PRESENTATIONS: PUBLIC HEARING TUKWILA CITY COUNCIL October 28, 2002 Tukwila City Hall Council Chambers COMMITTEE OF WHOLE MEETING 7:00 p.m. CALL TO ORDER /PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7:00 p.m. was Richard Simpson, Council President. COUNCIL ATTENDANCE: Present were Council President Richard Simpson; and Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder and David Fenton. John McFarland, City Administrator; Bob Noe, City Attorney; Lucy Lauterbach, Legislative Analyst; Bob Baker, Deputy City Clerk; Viki Jessop, Administrative Services Director; Alan Doerschel, Finance Director; Bruce Fletcher, Director of Parks and Recreation; Keith Haines, Chief of Police; Steve Lancaster, Director of Community Development; D. J. Baskin, Police Lieutenant; Eric Dreyer, Police Officer; Nora Gierloff, Planning Supervisor; and Lynn Miranda, Senior Planner. *NOTE: By way of Council consensus, Item 5g. (Review of Proposed 2003 Budget and Six -Year Planning Model) was stricken from the agenda. Update Community Oriented Policina Citizens' Advisory Board Introducing Mike Spain, a 3 -year member of the Community Oriented Policing Citizens' Advisory Board, (COPCAB), was Keith Haines, Chief of Police. Mr. Spain provided Council with a report on recent accomplishments by the Board and provided suggestions for improvement to the Tukwila Police Department and its facilities. Additionally, he expressed thanks to the Council and City staff for their support and assistance throughout the years. Gregg Kats, COPCAB Chair, presented Eric Dreyer with the COPCAB Officer of the Year Award; and Jan Tolland with the COPCAB Citizen Award. While Officer Dreyer was present to accept his award, Ms. Tolland has moved to Ocean Shores and received her award at a recent ceremony before her departure. CITIZEN COMMENT /CORRESPONDENCE: None. AN ORDINANCE ESTABLISHING A MORATORIUM ON TRANSIT ORIENTED DEVELOPMENT (TOD) AREAS Council President Simpson explained the history of Ordinance 1996 which created a six -month moratorium on the acceptance of applications for certain land divisions, and development activities and land uses within the area designated for transit oriented development around the temporary commuter rail /Amtrak Station at Longacres. Pursuant to Ordinance 1996, a public hearing was to be set within 60 days of the adoption date of September 16, 2002, to consider testimony from proponents and opponents of the moratorium. 7:06 p.m. Council President Simpson opened the public hearing. Steve Lancaster, Director, Community Development, noted the purpose of Ordinance 1996, in part, is to preserve land available for development or redevelopment until the TOD master plan and associated implementing regulations are completed. He reported the filing of all permits and approvals within the City of Tukwila Page 2 of 6 City Council Committee of Whole Minutes October 28, 2002 TOD planning area are affected by the Ordinance; yet noted filing of and approvals for sign permits and building permits for tenant improvements are exempted from the moratorium. Mr. Lancaster reported an October 21, 2002 Open House on this issue. Although six people attended the open house, no presentations were made pro or con on the issue, rather they asked questions relative to the benefits and disadvantages to property owners; and expressed frustration that the City based the moratorium on a "vision" the events that would have to occur to make the entire TOD area "marketable Mr. Lancaster noted a preliminary vision for the TOD area was developed during the workshop on TOD held in August, 2001, but public involvement was limited. Open House attendees wanted to know why they were not invited to the workshop. Additionally, concern was expressed regarding the length of time a moratorium is likely to be in place, and the subsequent affect on property owners' ability to sell or develop their properties. Council President Simpson called for citizen comment /input. None was received. Citing the options available to Council as a result of this public hearing, Mr. Lancaster stated they could: 1. Take no action; thus, allowing the moratorium to continue uninterrupted until March, 2003. 2. Revise the moratorium. 3. Repeal the moratorium. 7:15 p.m. Council President Simpson closed the public hearing. It was noted no deadline has been set for the TOD Master Plan. Consultant contracts and work plans are coming in the near future. Councilmember Hernandez suggested the moratorium remain in effect. The remainder of Councilmembers concurred. No action was taken. SPECIAL ISSUES: a. Non Represented Wage Schedule for 2003 Viki Jessop, Administrative Services Director, began by distributing a modified salary schedule for 2003, for non represented employees. The modified document reflects removal of the merit portion of compensation; thus, showing only those steps up to the control point. Ms. Jessop informed the Committee of Whole this matter was reviewed at the October 21 Finance and Safety Committee meeting. That Committee referred this matter to the Committee of Whole. There, it was determined the Committee wishes to retain the current basic system. Additionally, they spoke of implementing the 90% of the Consumer Price Index (CPI) or 1.71 effective January 1, 2003. Finally, the Committee spoke in favor of doing market reviews every two years, with the next study being done in the summer of 2003; with implementation taking place January 1, 2004. The Committee suggests there be no red lining for any employees, even those currently above the control point. All non represented employees are to receive the COLA in January, 2003. Additionally, the Finance Committee recommended removal of the merit system, at this time. Reviewing the draft resolution before Council, Ms. Jessop was obliged to make two changes before its review at the November 4 Regular meeting. Consensus existed among Council to create the following edits: Section 1, item 4 is to be amended by striking the letter "a" before the word market, and inserting the words "an in- house" before the word market. Thus, number 4 shall read, "The City shall conduct an in house market analysis of the non represented compensation system during the summer of 2003. The results of the analysis will be implemented on January 1, 2004." City of Tukwila Page 3 of 6 City Council Committee of Whole Minutes October 28, 2002 Section 1, item 6 is to be amended by inserting the words "as well as a desire that the wage schedule for non represented employees better reflect the wages shown by those jurisdictions determined to be comparable" between the words "conditions" and "and Thus, number 6 shall read, "Merit will be eliminated from the plan at this time due to economic conditions as well as a desire that the waae schedule for non represented employees better reflect the wages offered by those iurisdictions determined to be comparable: and may be reconsidered as a plan element in subsequent years. Responding to Council inquiry about how Tukwila is doing compared to neighboring jurisdictions, Ms. Jessop reported that when Tukwila performed the salary study one year ago, the control point (the average of the market using the regression line) seemed to be keeping pace fairly well. Councilmember Carter reiterated that what the City has been calling the control point "in real loose terms is the average of the top steps of the other jurisdictions. Ms. Jessop noted that it just happens to be in the middle of the schedule with the merit included. Councilmember Duffie spoke in opposition to removing the merit system. Councilmember Carter spoke in favor of removing the merit system in that all (not just some) non represented employees will receive a raise (COLA). Before concluding this matter, Ms. Jessop noted the Non Represented Salary Schedule was not copied in its entirety for this packet. The final resolution and attachments will also include the positions of the Police Chief, Fire Chief, Public Works Director and City Administrator. Council consensus existed to forward this item to the November 4 Regular Meeting. b. Administrative Design Review Process Nora Gierloff, Planning Supervisor, reported that during recent research on land use fees, a review of other jurisdictions processes was conducted. Based upon that research, it was decided the City of Tukwila may want to develop an administrative design review process, in addition to our public hearing design review process. Tukwila Planning staff has been to the Planning Commission for a public hearing. The results of that meeting are contained in an attachment for this meeting. Additionally, the item was considered at the Community Affairs and Parks Committee, which suggested no changes to the recommendations of the Planning Commissions, and forwarding of this item to Committee of Whole. Staff would like a "quicker, cheaper" process for smaller projects such as small buildings, additions, or situations where design review is triggered only because of proximity to shoreline or residential zones for industrial -type projects. To date, no public comment has been received. Thus, the Planning Commission suggested an article within The Hazelnut. That has been done. Additionally, City staff suggests the public hearing be conducted in mid -to -late November 2002. Under consideration is "where the thresholds for administrative and public hearing design review" should be placed. The thresholds vary from all buildings of any size in a zone to only buildings over 10,000 square feet. The proposal before Council suggests that, "in those zones that have a very high threshold" the City would add design review underneath them; thus capturing some projects which may have otherwise been missed. In zones with very low thresholds, adding any new square footage, the threshold would be raised and the City would insert an administrative design review underneath. The smaller developments, then, would not go through a more "difficult process." The proposed process will smooth out the differences between the zone thresholds and allow staff to be more evenhanded in their application of the design review criteria. City of Tukwila Page 4 of 6 City Council Committee of Whole Minutes October 28, 2002 Design review criteria used to evaluate the projects would be the same, regardless of whether an administrative or public hearing process was required. In order to implement this change, staff will need to revise the thresholds for triggering design review in the various districts and add administrative design review to the list of Type 2 Decisions found in TMC 18.104.010. Council consensus existed to set a public hearing after November 18, 2002. c. Revised South Central Pool and 16 Ave. Bridge Agreements John McFarland, City Administrator, reported on the bridge negotiations and related contract. First, he related that portion of the agreement related to indemnification contains the language necessary to move forward. Secondly, Mr. McFarland clarified the City will retain "ownership" of the bridge. It is not being transferred to King County as a real property asset, rather, we are transferring "any responsibility for maintenance, operation, repair or replacement of the bridge" via this agreement, which will stand in perpetuity and will succeed any annexation this, in exchange for a one -time payment of $3,000,000.00 to King County. Additionally, as agreed to by the County, language has been written so this agreement will survive all other agreements, by any other parties. The only way the contract may be terminated is by action of the Tukwila City Council. Transfer anticipated transfer date for the 16 Avenue bridge is January 1, 2003. On a related note, Councilmember Carter advised the bridge agreement must be approved by the King County Council. Before it can get to the full Council, however, it must go through their various stages and committees. Therefore, she anticipated the agreement going before the full King County Council sometime in December 2002. Council consensus existed to "move forward with it [the agreement] and get it done." Bruce Fletcher, Parks and Recreation Director, noting a "deal is on the table" reviewed proposed changes to the currently proposed agreement on the South Central Pool. Such changes include the provision of scholarships, reduced fees or other means of assuring access to the pool; additional language regarding tax exempt bonds; a new section listing equipment and supplies being transferred to the City; a section setting forth the County's commitment to provide $50,000.00 in capital monies; and a new section setting forth the County's commitment to reallocate additional capital dollars associated with the transfer of pools to municipal jurisdictions. Noteworthy, the Interlocal agreement states, in part, that "under no circumstance will the amount of additional capital funds transferred to the City exceed $125,000.00." Addressing the need for an Aquatics Manager by December 1, 2002; and Assistant Manager and Part- time staff by mid December Mr. Fletcher looked to the Council for authorization to move forward with the recruitment process. He would like to provide for a smooth transition from County to City staffs, with it being un- noticeable to Tukwila's community members. Council consensus existed to allow Mr. Fletcher to bring necessary documentation to begin the recruitment process to the November 4 Regular Meeting. d. Proposed Draft Noise Ordinance Bob Noe, City Attorney, reported substantial changes have been made to the newly proposed draft noise ordinance. Covering 12 individual changes, Mr. Noe explained them point by point to the Council. Of interest, a new section was added to the ordinance to indicate that any differences in Tukwila's ordinance (from the WAC's) are due to special circumstances. Other modifications to the proposed draft are related to definitions, modifications to maximum permissible sound levels, motor vehicle sound levels, removal of the Public Nuisance Noises provision, changes to the public disturbance noises section to deter "loopholes exempted sounds during daylight hours; variance procedures and criteria; and the inclusion of three methods of enforcement (civil, criminal and abatement of a public nuisance). City of Tukwila Page 5 of 6 City Council Committee of Whole Minutes October 28, 2002 Noting the local firing range, a central focus of discussion centered around the allowable hours for noise and /or sounds emanating from the range. Firing range officials submit they are not subject to, or governed by the City's noise ordinance. Additionally, Council discussed hours of exemption to the ordinance, including 7:00 a.m. through 10:00 p.m. Mondays through Friday, and 8:00 a.m. through 6:00 p.m. Saturdays, Sundays and state recognized holidays. The 6:00 p.m. weekend /holiday schedule was unsuccessfully challenged as one neighbor could feasibly call the City complaining that another neighbor is mowing their lawn at 6:30 p.m. on a Saturday evening. Also challenged was the 10:00 p.m. weekday exemption time. After discussion, Council consented to change the time to 9:00 p.m. Council consensus existed to forward the proposed ordinance to the November 4 Regular Meeting. e. An ordinance Establishing a City Utility Tax Alan Doerschel, Finance Director, reported a public hearing on the proposed ordinance (establishing a utility tax) has been set for November 4, 2002. In addition to the ordinance being introduced and considered, Mr. Doerschel noted City staff is working with Seattle City Light to replace the existing franchise agreement. The new agreement will provide a contract payment, monthly, from Seattle City Light to the City of Tukwila. In order to implement the tax with an effective date of February 1, 2003, the City must adopt the initiating ordinance by the end of November 2002. From that time (November, 2002), the City must allow 60 days for the utility companies to adjust their billing systems and statements. Mr. Doerschel reported he's learned that brokered natural gas is not taxable under a "utility tax." Rather, it must be collected as a "use tax." To that end, he has prepared a draft resolution, ordinance and agreement are all being prepared and will be sent to the November 4, 2002 Finance and Safety Committee meeting for review. As the proposed ordinance is written, the City is not levying the tax on an individual customer; it's levied on the utility company. Thus, it's up to that company to decide whether or not they want to pass the taxed amount on to the customer. Section 16, subsection 5, (City Clerk's duties) is to be reviewed and possibly amended to accurately reflect what will be required of our City Clerk. Discussion centered on whether or not the City Clerk actually verifies signatures on petitions. In actuality, the City Clerk may confirm verification of the signatures as performed by King County Elections staff. Council consensus existed to forward this item to the November 4 Regular Meeting. f. An Ordinance Establishing a Utility Tax Relief Program for Low Income Households Alan Doerschel, Finance Director, reported several jurisdictions employ 1 to 1.5 people to manage utility tax accounts; including audit and management of the accounts. This is in part, due to the newness of the programs /ordinances. City staff recommends a program whereby customers are reimbursed for utility taxes paid (by qualifying seniors and totally disabled persons) at the end of each billing year. This would allow the City to give tax relief to Seattle City Light customers. To qualify for relief, people's records must be reviewed, perhaps a tax return, to determine eligibility. Once qualified, an individual may apply for a refund as early as the end of each billing year; yet probably no sooner than February or March, as that is when people typically begin preparing /receiving tax returns. City of Tukwila Page 6 of 6 City Council Committee of Whole Minutes October 28, 2002 In addition to a special mailing to those who qualify for such reductions on their surface water bills, an article is suggested for printing (each year) in The Hazelnut. Mr. Doerschel responded in the affirmative and also relayed a note could be included on the City's water bills as well. Council consensus existed to forward this item to the November 4 Regular Meeting. g. Review of Proposed 2003 Budget and Six -Year Planning Model Council consensus existed to strike this item from the agenda. REPORTS: MISCELLANEOUS: 9:11 p.m. DUFFIE MOVED; FENTON SECONDED; TO RECESS THE COMMITTEE OF WHOLE AND CONVENE THE EXECUTIVE SESSION. The motion carried 7 -0. EXECUTIVE SESSION: Real Estate Site Selection /Purchase Pursuant to RCW 42.30.110(1)(b) 20 minutes 9:13 p.m. Executive session began. 9:33 p.m. CARTER MOVED; FENTON SECONDED; TO EXTEND THE EXECUTIVE SESSION BY AN ADDITIONAL 15 MINUTES. The motion carried 7 -0. 9:44 p.m. Executive session ended. ADJOURN: 9:45 p.m. HERNANDEZ MOVED; DUFFIE SECONDED; TO RECESS THE EXECUTIVE SESSION; RECONVENE AND ADJOURN THE COMMITTEE OF WHOLE. The motion carried 7 -0. Richard Simpson, CounciLMesident 7 /31a A Robert H. Baker, CMC, Deputy City Clerk Minutes sinned on November 7, 2002