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HomeMy WebLinkAbout2002-11-12 Committee of the Whole MinutesOFFICIALS: TUKWILA CITY COUNCIL November 12, 2002 7:00 p.m. Tukwila City Hall Council Chambers COMMITTEE OF WHOLE MEETING MINUTES 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; Rhonda Berry, Assistant City Administrator; Lucy Lauterbach, Legislative Analyst; Bob Baker, Deputy City Clerk; Alan Doerschel, Finance Director; Jack Pace, Deputy Director of Community Development; Moira Bradshaw, Senior Planner; Jim Morrow, Public Works Director; and Bruce Fletcher, Parks and Recreation Director, arrived at 7:32 p.m. CITIZEN COMMENT /CORRESPONDENCE: None. SPECIAL PRESENTATIONS: a. Proposed Ordinance Establishing a City Utility Tax AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A UTILITY TAX TO PROVIDE REVENUE FOR CITY SERVICES AND CAPITAL REQUIREMENTS; ESTABLISHING A SPECIAL REFERENDUM PROCEDURE; SETTING PENALTIES FOR NON COMPLIANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Alan Doerschel, Finance Director, noted that as a result of the recent public hearing on this issue, two changes to the draft ordinance have been made. First, the last WHEREAS clause has been added. It states "WHEREAS, the City Council will review the rate changes scheduled for 2005 and 2007; Second, Section 4, subsection 5. was added. It states "In addition to the automatic annual review of the Financial Planning Model, the City Council will review the need for scheduled rate changes for 2005 and again for 2007." For purposes of clarity, Councilmember Hernandez suggested adding language to the end of the last WHEREAS clause. Suggested was, "to determine if they are necessary before they are implemented." Thus, the clause would read, "WHEREAS, the City Council will review the rate changes scheduled for 2005 and 2007, to determine if they are necessary before they are implemented." Council consensus existed to amend the proposed language. Councilmember Carter sought to ensure the Clerk's Duties, as set out in Section 16 (5.) were in accordance with the Revised Code of Washington. City Administrator McFarland answered in the affirmative. Bill Arthur, on behalf of Seaale Business Park, sought clarification on the review times of the Financial Planning Model and the proposed review times of the Utility tax. Council consensus existed to forward this item to the November 18 Regular Meeting agenda. City of Tukwila Page 2 of 7 City Council Committee of Whole Minutes November 12, 2002 b. Proposed Ordinance Establishing a Utility Tax Relief Program for Low Income Households AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A UTILITY TAX RELIEF PROGRAM FOR SENIOR AND DISABLED LOW INCOME RESIDENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Alan Doerschel, Finance Director, reported this proposed ordinance mimics those of many surrounding jurisdictions. Under Section 2, subsection B, Councilmember Carter suggested striking the words "special rates" and inserting the word, "rebate." (line 11). Council concurred. Under Section 2, subsection B, Councilmember Hernandez spoke in favor of inserting, "in the form of an annual rebate" between the words "relief" and "from" (line 6). Council concurred. Under Section 2, subsection C, Councilmember Hernandez spoke in favor of adding, "in the form of an annual rebate." to the end of the paragraph. Council concurred. Finally, language for a new whereas clause was suggested by Council, from Mr. Doerschel, as it relates to an explanation of the annual rebate. Council concurred. Council consensus existed to forward this item to the November 18 Regular Meeting agenda. c. Proposed Ordinance Establishing a Use Tax on Natural or Manufactured Gas AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A USE TAX ON NATURAL OR MANUFACTURED GAS TO PROVIDE REVENUE FOR CITY SERVICES AND CAPITAL REQUIREMENTS; ESTABLISHING A SPECIAL REFERENDUM PROCEDURE; SETTING PENALTIES FOR NON- COMPLIANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Alan Doerschel, Finance Director, informed Council of the legal requirement for this proposed ordinance. Currently, he noted, very few companies are actually reporting to the State of Washington. Additionally, Mr. Doerschel reported this is a tax to be imposed on bulk users, who receive natural or manufactured gas service from out -of- state. Councilmember Carter suggested adding a definition within the ordinance and the Tukwila Municipal Code of "brokered" natural and /or manufactured gas. Council concurred. Randy Bannecker, on behalf of Puaet Sound Enerav reported the RCW does not use the term "brokered" natural gas. Conversely, however, he would do some research and get information to Mr. Doerschel which would aid in such verbiage to finalize the draft ordinance. Council consensus existed to forward this item to the November 18 Regular Meeting agenda. d. Proposed Resolution Authorizing the Finance Director to Execute an Agreement with the State of Washington, Department of Revenue, for Administering and Collecting Revenue A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE FINANCE DIRECTOR OF THE CITY OF TUKWILA TO EXECUTE THE ATTACHED AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF REVENUE FOR THE PURPOSES OF ADMINISTERING AND COLLECTING ANY REVENUES UNDER TUKWILA MUNICIPAL CODE CHAPTER 3.62 ENTITLED "NATURAL OR MANUFACTURED GAS USE TAX" AS REQUIRED BY RCW 82.14.050 Finance Director, Alan Doerschel, noted the legal requirement for this proposed resolution in order for the City to collect and administer "natural or manufactured gas use taxes." Taxes imposed, of course, shall be borne by the consumer. Council consensus existed to forward this item to the November 18 Regular Meeting agenda. City of Tukwila Page 3 of 7 City Council Committee of Whole Minutes November 12, 2002 e. Proposed Ordinance Authorizing a Water Rate Increase for 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO METERED WATER RATES; ESTABLISHING A REGIONAL CAPITAL FACILITIES CHARGE FOR ALL NEW SERVICE CONNECTIONS; SETTING THE METERED WATER RATES; REPEALING ORDINANCE NO. 1931 AS CODIFIED AT SECTION 14.04.240 OF THE TUKWILA MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Jim Morrow, Public Works Director, reported the City of Seattle has raised the wholesale water rate for 2003 and the same will occur in 2004. The last increase imposed by the City of Seattle (4 cents) on wholesale customers, in 2001, was absorbed by the City of Tukwila. Driving the water funds' need for a change is a proposal by the Cascade Water Alliance to fund future water supplies by implementing a Regional Capital Facilities Charge on all new water system connections. The City has included a new section (14.04.076) within the water ordinance, with the fees to be established by Cascade Water Alliance. Such fees are currently unknown. Explaining potential impacts to customers, Mr. Morrow noted the summer rate for lOCCF (1,000 cubic feet of water [7,480 gallons]) will raise from $2.59 to $2.98. The winter rate for lOCCF will raise from $1.87 to $2.15. Customers, therefore, can expect to see a difference of approximately $3.90 in the summer months and approximately $2.80 in the winter months. Under Section 2, subsection D, Councilmember Carter proposed amending "$26,000 per year" to "$32,000 per year" (line 5). Council concurred. Under Section 2, subsection D, Councilmember Carter also proposed striking "be charged the special rate." And inserting "receive the rebate." (line 6). Council concurred. Councilmember Carter also spoke in favor of including the dollar amount in the Tukwila Municipal Code, when determined by the Cascade Water Alliance. Council concurred. Council consensus existed to forward this item to the November 18 Regular Meeting agenda. f. Proposed Ordinance re: Equity Diversity Commission. Councilmember Hernandez reported discussion of the proposed ordinance at the Community Affairs and Parks Committee. In addition to repealing prior ordinances related to the Commission, the proposed ordinance includes language which would simplify filling vacancies on the Commission. The Councilmember then reported the proposed ordinance is ready to adopt "as is." Council concurred. Council consensus existed to forward this item to the November 18 Regular Meeting agenda. g. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, PROVIDING FOR THE PURPOSE, SCOPE, AND TERMS OF MEMBERSHIP FOR THE EQUITY AND DIVERSITY COMMISSION; REPEALING ORDINANCE NUMBERS 1828 AND 1871; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Proposed Ordinance re: Changes to the Sign Code Amortization Program AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE TITLE 19, "SIGN CODE," AND TITLE 18, "ZONING CODE," TO ELIMINATE THE SIGN AMORTIZATION PROGRAM AND TO ADOPT STANDARDS FOR THE REMOVAL OF NONCONFORMING SIGNS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Moira Bradshaw, Senior Planner, Department of Community Development, reported on the proposed ordinance as it relates to changes to the Sign Code Amortization program. After being considered by the Community Affairs and Parks Committee and the Planning Commission (including one public hearing), the proposed ordinance has resulted. City of Tukwila Page 4 of 7 City Council Committee of Whole Minutes November 12, 2002 Ms. Bradshaw informed Council that on September 19, 2002, the Washington State Supreme Court announced it would not hear the City of Federal Way appeal of the Washington State Court of Appeals decision on their sign code amortization program. The Appellate Court's decision was in favor of Horan and Rhodes who argued Federal Way must follow the guidelines of the Scenic Vistas Act and provide monetary compensation for removing non conforming signs visible from Highway 99. Due to the fact the Appeals Court decision was upheld by the Washington State Supreme Court, the law is fixed and binding upon the City of Tukwila and other jurisdictions in similar situations. Ms. Bradshaw noted that without a significant budget for monetary compensation, Tukwila cannot ably enforce the amortization deadline. Nonconforming signs affected by the Scenic Vistas Act in Tukwila may be found on Tukwila International Boulevard, SR 599, SR 518, I -5 and I -405. Although the City Council could hold a public hearing on this issue, currently proposed changes are similar to those rules which were in effect prior to the sign code amortization program. Thus, a sign code permit would be required for any changes to an existing sign. The draft ordinance also notes a sign permit being required for repair work to a damaged sign, significant construction on site to nonconforming signs or when applying for a new business license and needing new signage. After discussion, Council concurred with removal of Section 7 (B) in its entirety. After discussion, Council concurred with removal of Section 7 (C) in its entirety. After discussion, Council concurred with adding "which is based upon an appraisal." to the end of Section 13 (TMC 19.30.090 Maintenance and Repair). Additional review of the draft language was performed by Ms. Bradshaw, with Councilmembers asking questions and receiving clarification. Council concurred to remove any reference to "fees" in the proposed ordinance as Council recently adopted a new fee resolution. Diane Monroe, Facility Manaoer, Hiahline Hospital, noted the proposed ordinance could create some difficulties with regard to proper sign size as well as sufficient numbers of signs at the hospital. She is working with Ms. Bradshaw to ensure understanding and cooperation with the new ordinance. Council consensus existed to forward this item to the November 18 Regular Meeting agenda. h. Fort Dent Park 1. Land Transfer Agreement 2. Reservation of Utility Easement 3. River Protection Easement John McFarland, City Administrator, informed Council that a newly revised Intergovernmental Land Transfer Agreement Between King County and the City of Tukwila was received earlier in the day. Bruce Fletcher, Director of Parks and Recreation, distributed the newly revised agreement. In order for the City to move forward responsibly, Mr. Fletcher stressed the City's belief that mothball fees and annual maintenance costs must be provided by King County. Once said fees are agreed upon, the City will enter into a long -term concessionaire agreement with the private, non profit group to operate the park. Although the terms are still being negotiated, the contract is closer to completion than earlier anticipated. Part of the terms will provide continued free park use by Tukwila residents, along with City soccer and softball league play at Fort Dent Park, at reduced fees /rates. Mr. Fletcher asked Council to review the newly provided agreement and suggest any changes they feel are necessary. Additional information is forthcoming and negotiations continue (nearly) on a daily basis between the County and the City. A final agreement may be reached as early as next week. Council consensus existed to forward this item to the November 18 Regular Meeting agenda for discussion, consideration and /or possible action. City of Tukwila Page 5 of 7 City Council Committee of Whole Minutes November 12, 2002 TITLE i. Proposed 2003 Budget CIP (Capital Improvement Program) Continued Review As suggested by Staff, a review of the following budgets and /or pages was conducted. Water Sewer Water Sewer Surface Water CIP Surface Water Budget Sister City Committee Budget PUBLICATION PAGES STAFF CIP 75 -107 Budget 151 -159 108 -135 164 -167 J. Morrow J. Morrow J. Morrow J. Morrow Mayor Budget 30, 31 Mayor Mullet 33 Mayor Mullet John McFarland Equity Diversity Budget 37 Lucy Lauterbach Library Adv. Brd. Budget 42 Alan Doerschel Municipal Court Budget 43, 44 John McFarland Personnel Budget 45, 46, 47 John McFarland City Clerk Budget 48, 49 John McFarland 1. S. Budget 50, 51 John McFarland Finance Budget 53, 54, 55 Alan Doerschel Legal Services Budget 56, 57 John McFarland Hotel /Motel Tax Budget 133 Alan Doerschel Contingency Budget 141 Alan Doerschel Debt Service Budget 143, 144, 145 Alan Doerschel 302/303 Funds Budget 148, 149, 150 Alan Doerschel John McFarland Self Insured Med. Budget 173 Alan Doerschel John McFarland Machinery /Equip. Budget 175 Alan Doerschel Council consensus existed to forward this item to the November 18 Regular Meeting agenda for further consideration. REPORTS: a. Mayor Mayor Mullet reported attendance to the Tukwila Library "Family Place" presentation on November 5 and the November 12 Southwest King County Chamber Economic Engine Luncheon. The Tukwila Children's Foundation will host a fundraiser on November 13 at the Outback Steakhouse. City of Tukwila Page 6 of 7 City Council Committee of Whole Minutes November 12, 2002 The Grand Opening of REI will take place on the evening of November 14. The Tukwila Fire Department has received an award for Fire Equipment and Training; as a result of an effort with Randall Funding. Police Chief Keith Haines has been appointed the first -ever Executive Director of R. A. I. N. (Regional Automated Information Network). This is a technology issue where the City will be able to share information with Bellevue and King County. Police Officer Ted Rutt was the Police Officer from the State of Washington selected to represent our State at the Special Olympics, when they're taken on the road, to Europe. The Mayor noted Ted spends an absolutely incredible amount of time volunteering with and for kids. Many kudos were expressed in honor of Ted and his selection. One Police Officer from every state is chosen to represent their state at the National Special Olympics each year. b. City Council Councilmember Duffie stated his appreciation for those who participated in the Tukwila Elementary School Veteran's Day observance /celebration. Councilmember Hernandez attended the "Family Place" Tukwila Library presentation and the November 7 Equity and Diversity Commission meeting. Council President Simpson attended the November 5 "Family Place" presentation at the Tukwila Library. Councilmember Carter will attend the November 13 ICP meeting and Transportation Policy Board Meeting on November 14. Councilmember Haggerton has been out ill, lately, yet has a full week of meetings planned (this week). Councilmember Linder spoke of the Southwest King County Economic Development initiative (from October). As a follow -up to that meeting, Ms. Linder will attend an Executive Committee meeting at 5:00 p.m. on November 13. Ms. Linder then reported attendance to a King County Council meeting (re: King County Airport Roundtable issue) on December 2, 2002, from 5 8 p.m. All concurred with her request to attend that meeting instead of the Council meeting scheduled for 7:00 p.m. that same evening. Councilmember Fenton represented the Mayor at the Port of Seattle, for the opening of their compressed natural gas fueling facility. Additionally, he represented the City Council on November 9, 2002, and provided a check to Westfield's, in the amount of $31,500.00. c. Staff City Administrator attended the November 8 Southwest King County Chamber of Commerce Board retreat, wherein he provided a "State of the City address." Additionally, Mr. McFarland reported golf rounds are up at Foster Golf Course by 1,250 rounds over the same time last year. As it relates to planning /building, Mr. McFarland noted that 1) Target has applied for a permit for a $2.1 million remodel on their existing facility; 2) The Red Lion is closing on or by December 15, 2002; and 3) Westfield Shoppingtown Southcenter is planning a 500,000 square foot upgrade. The selection process for the position of City Administrator will involve interviews on Thursday, November 14, 2002. City of Tukwila Page 7 of 7 City Council Committee of Whole Minutes November 12, 2002 d. City Attorney Neither the City Attorney, nor his representative was present. e. Legislative Analyst Ms. Lauterbach had no report. MISCELLANEOUS: Jim Morrow, Public Works Director, reported on a discussion conducted at this evening's Transportation Committee meeting, relative to Phase I Tukwila International Boulevard. It was hoped that staff could recommend to the Committee awarding of the contract. Unfortunately, however, Seattle City Light has changed undergrounding costs and their anticipated share of those costs. The overall undergrounding cost for the entire project is approximately $2.8 million. A cost sharing formula, according to the City, should be considered. Seattle City Light should pay approximately $1.5 million and the City of Tukwila should pay approximately $1.3 million. Seattle City Light, however, has only offered $436,000.00 worth of cost sharing; leaving a balance of $2.4 million to be paid by the City of Tukwila. This is not commensurate with the plans of the City. Additional work and consideration must occur between the staffs of Seattle City Light and the City of Tukwila. On an unrelated matter, Mr. Morrow reported on the FAST Corridor. One of the goals has been to improve the whole transportation process (how we get projects funded, etc.) working with Puget Sound Regional Council. One item suggested to PSRC is to inject more accountability into the project management system. That has been done for the past two years, therefore, the PSRC has identified $12.5 million that has come about through the close -out of contracts in recent history. After identifying those dollars, PSRC went to the "four counties" and asked for recommendations for the expenditure of said funds. Last week, the King County Public Works directors met and arrived at a number of suggestions to be placed before PSRC. Additional reports are forthcoming to the Tukwila City Council as information is gleaned. 10:05 p.m. EXECUTIVE SESSION: 10:05 p.m. 10:21 p.m. ADJOURN: DUFFIE MOVED; FENTON SECONDED; TO RECESS THE COMMITTEE OF WHOLE AND CONVENE THE EXECUTIVE SESSION. The motion carried 7 -0. Employee Performance Review 42.30.110(1)(g) 20 Minutes Executive session began. Executive session ended. 10:21 p.m. COUNCIL PRESIDENT SIMPSON RECESSED THE EXECUTIVE SESSION; RECONVENED AND ADJOURNED THE COMMITTEE OF WHOLE. Richard Simpson, CouncirPresident Date Minutes Signed: November 25, 2002 Robert H. Baker, CMC, Deputy City Clerk