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Home My WebLink About2003-01-21 Regular MinutesTUKWILA CITY COUNCIL Council Chambers City Hall January 21, 2003 EXECUTIVE SESSION 6:30 p.m. Contract Negotiations Pursuant to RCW 42.30.110(1)(x) 30 minutes 6:35 p.m. Executive session began. 6:45 p.m. Executive session adjourned. CITY COUNCIL REGULAR MEETING MINUTES CALL TO ORDER /PLEDGE OF ALLEGIANCE: Mayor Steve Mullet called the Regular Meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL: Council President Pam Carter; and Councilmembers Joe Duffie, Joan Hernandez, Jim Haggerton, Pamela Linder, Dave Fenton and Richard Simpson. OFFICIALS: John McFarland, City Administrator; Bob Noe, City Attorney; Jane Cantu, City Clerk; Lucy Lauterbach, Council Analyst; Jim Morrow, Public Works Director; Bob Baker, Deputy City Clerk; and Alan Doerschel, Finance Director, arrived at 7:15 p.m. SPECIAL PRESENTATION: Lynda Kalena. Hiahline School District Boardmember Ms. Kalena was present and spoke in favor of the upcoming (February 4) Educational Levy. Efforts including phone bank reminders to absentee voters are under way to urge voters to vote in favor of the levy. This 4 -year levy would pay for educational programs and operation expenses, including instruction, safety, materials and facility maintenance and operations. This is not a new tax. It is a replacement tax. CARTER MOVED; LINDER SECONDED; TO CONSIDER ITEM 6A OUT OF ORDER. The motion carried 7 0. NEW BUSINESS: a) A resolution su000rtina Hiahline School District's February 4, 2003 Lew A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SUPPORTING THE HIGHLINE SCHOOL DISTRICT REPLACEMENT LEVY FOR THE DISTRICTS EDUCATION OF STUDENTS HAGGERTON MOVED; FENTON SECONDED; TO READ THE PROPOSED RESOLUTION BY TITLE ONLY. The motion carried 7 -0. Bob Noe, City Attorney, read the title of the proposed resolution. HAGGERTON MOVED; FENTON SECONDED; APPROVAL OF THE PROPOSED RESOLUTION AS READ. The motion carried 7 -0. APPROVED RESOLUTION #1512 City Council Regular Meeting January 21, 2003 Meeting Minutes Page 2 of 5 CITIZEN COMMENT /CORRESPONDENCE: Brian Carino. student, visited from a local (Renton) High School. Working on a Civics class project, Mr. Carino was responsible for attending a City Council meeting. Due to the fact Renton City Council did not convene this week, Mr. Carino and several other students attended this meeting. CONSENT AGENDA: a) Approval of Minutes: January 6, 2003 Regular Meeting b) Approval of Vouchers 1) 141137 241366 in the amount of $1,005,184.70 dated 12/30/02 2) 241134 241136 in the amount of $3,152,961.50 dated 01 -03/03 3) 241367- 241507 in the amount of 815,672.07 dated 01/21/03 HERNANDEZ MOVED, DUFFIE SECONDED, APPROVAL OF THE CONSENT AGENDA AS PRESENTED. The motion carried 7 -0. OLD BUSINESS: a) An ordinance amendina TMC Chapter 7.04 entitled "Animal Licensina and Reaulations" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING TUKWILA MUNICIPAL CODE CHAPTER 7.04, "ANIMAL LICENSING AND REGULATIONS," REPEALING ORDINANCES 1812 AND 1772; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. FENTON MOVED; DUFFIE SECONDED; TO READ THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 7 -0. Bob Noe, City Attorney, read the title of the proposed ordinance. (MAIN MOTION) FENTON MOVED; DUFFIE SECONDED; ADOPTION OF THE PROPOSED ORDINANCE AS READ.* Discussion and proposed amendments ensued. (PRIMARY MOTION TO AMEND) CARTER MOVED; LINDER SECONDED; TO AMEND THE PROPOSED ORDINANCE BY STRIKING SECTION 7.04.060(A) SUBSECTION (1); AND INSERTING THE FOLLOWING: "The exotic animal is licensed, according to requirements of the King County Code 11.28." (SECONDARY MOTION TO AMEND) CARTER MOVED; DUFFIE SECONDED; TO AMEND THE PROPOSED ORDINANCE BY CHANGING SECTION 7.04.070(A) TO READ: "Number of cats and dogs No person shall keep more than three dogs, or three cats, or a total of five of a combination of cats and dogs over the age of four months. If four or more adult dogs, four or more adult cats, or a combination of five total animals are kept, a hobby kennel license is required." Wrapping up discussion of the proposed amendments as well as the main motion, Mayor Mullet called for an individual vote on all issues: *VOTE ON THE SECONDARY MOTION TO AMEND **VOTE ON THE PRIMARY MOTION TO AMEND *VOTE ON THE MAIN MOTION, AS AMENDED APPROVED ORDINANCE #2011 The motion carried 7 -0. The motion carried 7 -0. The motion carried 7 -0. City Council Regular Meeting January 21, 2003 Meeting Minutes Page 3 of 5 b) An ordinance regarding the Seattle City Light Franchise Agreement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; GRANTING SEATTLE CITY LIGHT, AN ELECTRIC UTILITY OWNED AND OPERATED BY THE CITY OF SEATTLE, A MUNICIPAL CORPORATION, A NON- EXCLUSIVE FRANCHISE, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR AN ELECTRIC LIGHT AND POWER SYSTEM, IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS -OF -WAY, OF THE CITY OF TUKWILA, WASHINGTON. Expressing the need to move quickly on this item, John McFarland encouraged Council to review the proposed ordinance and, if agreed upon, make a motion to adopt the ordinance. Jim Morrow, Public Works Director, presented this item to the Finance and Safety Committee this evening. The City's currently existing franchise agreement with Seattle City Light expires in 2008. The City of Tukwila has opted to implement a utility tax on telephone, gas, and electric utilities. In order to assess the tax on the Seattle City Light's electric bills, the existing franchise agreement has been re- negotiated as the existing agreement does not allow for the collection of utility taxes. Key points to the proposed franchise agreement are: y Franchise term is for 15 years. Seattle City Light shall pay the City 4% in 2003 and 2004; 5% in 2005 and 2006; and 6% as of 2007, of the amount of revenue derived from the power portion of Seattle City Light service, and Y Shall pay the City of Tukwila 4% in 2003 and 2004; 5% in 2005 and 2006; and 6% as of 2007, of the amount of revenue derived from the distribution portion of Seattle City Light service. Y Seattle City Light shall not be able to add more than an additional 2% on top of Tukwila's percentages. Seattle City Light will abide by Tukwila's new "Right -of -Way Use Code." Y Seattle City Light will collect the costs from Sound Transit for any undergrounding expenses that may occur on the Light Rail project. A benefit to the City of approximately $55,000.00 per month. FENTON MOVED; LINDER SECONDED; READING OF THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 7 -0. Bob Noe, City Attorney, read the title of the proposed ordinance. Discussion ensued and Council spoke favorably of the package as a whole. Several edits, not in the form of motions, were presented before adoption of the ordinance. Such changes included: Amending Section 4.2; by adding to the following to the end of the currently existing statement: "and this entire Agreement may be terminated by the City at any time thereafter upon 180 days written notice. During such notice period, however, SCL and the City shall attempt to agree upon acceptable substitute provisions." Amending Section 10.2.1; by striking "City Manager" and inserting Mayor Amending Section 10.2.3; by striking "City Manager" and inserting Mayor Questions and answers ensued relative to differential rates and the proposed edits. DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE MINOR EDITS SUGGESTED AND ADOPTION OF THE ORDINANCE AS READ. The motion carried 7 -0. APPROVED ORDINANCE #2012 NEW BUSINESS: a-` Matter considered earlier on the agenda. City Council Regular Meeting January 21, 2003 Meeting Minutes Page 4 of 5 b) Authorize the Mayor to sign a labor agreement between the City of Tukwila and USWA Local #9241, for the period January 1. 2003 through December 31, 2005 7:50 p.m. Councilmember Linder left Council chambers. CARTER MOVED; FENTON SECONDED; TO AUTHORIZE MAYOR MULLET TO SIGN A LABOR AGREEMENT BETWEEN THE CITY OF TUKWILA AND USWA LOCAL #9241, FOR THE PERIOD OF JANUARY 1, 2003 THROUGH DECEMBER 31, 2005.* Brief discussion took place with clarification as to who is included within this agreement. *The motion carried 6 -0; with Councilmember Linder being absent during discussion and the vote on this item. c) Appointment of a Representative Alternate Representative to the Airport Communities Coalition for 2003 7:56 p.m. Councilmember Linder returned to Council chambers. CARTER MOVED; HERNANDEZ SECONDED; TO APPOINT JIM HAGGERTON AS REPRESENTATIVE TO THE AIRPORT COMMUNITIES COALITION FOR THE PERIOD JANUARY 1, 2003 THROUGH DECEMBER 31, 2003. The motion carried 7 -0. HAGGERTON MOVED; SIMPSON SECONDED; TO APPOINT PAM CARTER AS ALTERNATE REPRESENTATIVE TO THE AIRPORT COMMUNITIES COALITION FOR THE PERIOD JANUARY 1, 2003 THROUGH DECEMBER 31, 2003. The motion carried 7 -0. REPORTS: a) Mayor: Mayor Mullet reminded Councilmembers of the need for a 30 minute executive session at the close of the Regular meeting to discuss Potential Litigation, pursuant to RCW 42.30.110(1)(i). The Mayor reported on meetings and events for the coming week, which will be reported on at future meetings. He notified Council that the State Auditor's Annual Audit continues. Additionally, he informed Council that City Department heads will hold a retreat on February 7, 2003. b) City Council: Councilmember Duffie attended this evening's Finance and Safety Committee meeting. Councilmember Hernandez attended the January 15 Equity Diversity Commission meeting and the January 16 Albert Mensah presentation. Council President Carter attended the January 15 Equity Diversity Commission meeting and the January 16 Albert Mensah presentation. Councilmember Haggerton attended the January 15 ACC Executive Board meeting. 8:26 p.m. Councilmember Fenton left Council chambers (during Jim Haggerton's report). Councilmember Linder attended the recent Highway 99 Action Committee meeting. City Council Regular Meeting January 21, 2003 Meeting Minutes Page 5 of 5 8:28 p.m. Councilmember Fenton returned to Council chambers (before Pam Linder's report concluded). Councilmember Fenton also attended the recent Highway 99 Action Committee meeting. After sharing statistics relative to auto theft and the City of Tukwila, Mayor Mullet was asked if a report could be made at an upcoming Finance Safety Committee. Mayor Mullet noted he would ask Police Captain Lori Sutter for such a report. Councilmember Simpson also attended the Highway 99 Action Committee and a recent meeting wherein Maggie Fimia addressed the new CETA program. c) City Staff John McFarland, City Administrator, had no report. d) City Attorney Bob Noe, City Attorney, had no report. e) Legislative Analyst Lucy Lauterbach, Legislative Analyst, noted Tukwila is in the 11 Legislative District; and not in the 33 as some believe. MISCELLANEOUS: Councilmember Duffie reported he will attend the public forum /meeting sponsored by the State on the issue of sexual predator facility locations. Mayor Mullet reported the Carnation site has been stricken from the map, leaving just two possible locations one of those being in SeaTac /Tukwila. Councilmember Linder noted Everett Parr has been nominated for the Jefferson Award. 8:38 p.m. FENTON MOVED, HERNANDEZ SECONDED TO ADJOURN TO EXECUTIVE SESSION FOR 30 MINUTES TO DISCUSS POTENTIAL LITIGATION, PURSUANT TO RCW. 42.30.110(1)(i) FOLLOWING A FIVE MINUTE RECESS. Motion carried 7 -0. EXECUTIVE SESSION: 8:46 p.m. 8:57 p.m. ADJOURNMENT: Executive session began. Executive session ended. 8:58 p.m. DUFFIE MOVED; HERNANDEZ SECONDED; TO ADJOURN EXECUTIVE SESSION, RECONVENE AND ADJOURN THE REGULAR MEETING. The motion carried 7 -0. fie. vv�,{ St ven M. Mullet, Mayor aLickA Robert H. Baker, CMC, Deputy City Clerk Date Minutes Approved: February 3, 2003