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HomeMy WebLinkAbout2004-10-25 Committee of the Whole MinutesTUKWILA CITY COUNCIL October 25, 2004 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 and leading the Pledge of Allegiance at 7:01 p.m. was Jim Haggerton, Council President. COUNCIL ATTENDANCE: Present were Jim Haggerton, Council President; and Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Pamela Linder, Dennis Robertson and David Fenton. OFFICIALS: Steven M. Mullet, Mayor; Rhonda Berry, City Administrator; Lucy Lauterbach, Legislative Analyst; Keith Haines, Chief of Police; Steve Lancaster and Jack Pace, Director and Deputy Director of Community Development; Kimberly Walden, Municipal Court Judge; Joyce Trantina, Code Enforcement official; Lt. Darrell Baskin, Gerry Myklebust and Karen Sotace, Police Department; Beth Button, Domestic Violence Victims Advocate; Stacy Hansen, Human Services Specialist; Lynn Miranda and Carol Lumb, Senior Planners, Community Development. SPECIAL PRESENTATIONS: a. Leqislative Activities Update Jamie Durkan, M. J. Durkan. Inc. Martin Durkan, Jr., who prefers to be called Jamie, provided a consulting report for September and October 2004. A State and local political lobbyist for many, including the City of Tukwila, Mr. Durkan's role is primarily divided into two main areas: lobbying and political consultant. The lobbying role is a primary focus during the months of January through April. This is the key time the Washington State legislature is in session. He noted that while there are times throughout the year that predominant standing committees meet, their ability to enact new laws and amend existing ones is restricted to the months and times the legislature is actually in session. The political consultant role is one which consists primarily of regular meetings with elected officials as well as current political candidates, to educate them and advocate on behalf of the City of Tukwila. While the level of State lobbying is greatest during the session, the activities performed as a consultant are daily, and ongoing, year round. As the (City's) State governmental affairs consultant, Mr. Durkan has been successful in meeting with key elected officials to discuss the needs and concerns of the City. Some of the main points he has discussed with State officials include transportation, infrastructure, and Sound Transit and Streamlined Sales Tax (SST) issues. Mr. Durkan reports "great progress" in moving toward a connector which would link light rail and heavy rail while serving the Southcenter and Tukwila areas. The City should be proud of the continuing efforts by Council and Mayor as they work to resolve issues with Sound Transit. It was in early 2004, during the legislative session, that Representative McIntyre introduced legislation dealing with streamlining the process for sales tax collection within the State of Washington. This move City of Tukwila Page 2 of 8 City Council Committee of Whole Meeting Minutes October 25, 2004 is part of a national movement stemming from the need to tax Internet sales. Under the current proposal, sales taxes would be collected at point of delivery, rather than point of sale. Because Tukwila stands to be negatively impacted, we joined with other cities to defeat it in the last legislative session. In the time since the last legislative session ended, representatives from Tukwila and other potentially affected cities have tried to resolve the issues. Unfortunately little progress has been made. This will be a major topic of discussion during the 2005 legislative session. Mr. Durkan said the City is in "good political shape" in Olympia and, depending on the outcome of the coming elections, the City may find itself in a much more favorable position for the upcoming legislative session. Council raised questions. The consultant and Council agreed that the receipt of grant funds is key in completing several projects currently in the works or on the books. Before leaving, Mr. Durkan invited all Councilmembers to contact him when questions arose. b. Community Oriented Policing Citizens Advisory Board Presentation and Awards Keith Haines, Police Chief, introduced Jeri Frangello- Anderson, Chair; and Art Rosengren, member of the Community Oriented Policing Citizens Advisory Board. Together, they would present awards to this year's recipients of the Police Officer of the Year Award and the Community Member of the Year Award. Ms. Frangello- Anderson called 2004 a year of fun and hard work. The Board set and met goals, and learned and partnered with community members to achieve great things. Education of Boardmembers was high on the list. Before presenting the awards, the Chair of the Board thanked Chief Haines for his efforts and assistance throughout the years and wished him well in his retirement. Karen Sotace, police officer, received a standing ovation for the Excellence Award for Outstanding Police Officer of 2004. Ms. Sotace was praised for her efforts in working with area hotels and motels to find bed space for victims of domestic violence and their children in times when shelters are full. The COPCAB Board called Karen a "profound asset to the Department and the community" and presented her with a plaque. Karen Sotace spoke of her pride in being associated with the D.A.W.N. program and her co- facilitator for the program, "Joy." With 20 placements per month since March, the two have also begun a feeding program as well for those same displaced victims. Tukwila Police Fire Chaplain Al Patterson also received a standing ovation when presented the Excellence Award for Outstanding Citizen for 2004. Pastor Patterson conducts fire station visits (for Tukwila and SeaTac) and assists at ceremonies, functions, and provides grief and bereavement counseling to those in need. Mr. Patterson thanked the Council and Mayor and the Police Chief. This department has embraced his program and they've allowed him to be a part of their lives. He called Tukwila a great community in which to live. Before concluding, Ms. Frangello- Anderson noted there are two vacancies on the COPCAB Board. Those present at the meeting are aware of at least two individuals who are interested in serving. b. Introduction of new employee Brandon Miles, Assistant Planner, Department of Community Development Steve Lancaster, Director of Community Development, introduced Brandon Miles. No stranger to the City of Tukwila, Brandon has worked here approximately 18 months, mostly as a contract employee. It's been City of Tukwila Page 3 of 8 City Council Committee of Whole Meeting Minutes October 25, 2004 within the last eight weeks that Brandon accepted a full -time position as Assistant Planner. A graduate of Western Washington University, Mr. Miles did an internship at the City of Lacey and then worked for Whitman County. CITIZEN COMMENT: Nick Krantz. 5714 South 144 a pastor in Tukwila and close friend of Pastor /Chaplain Al Patterson, thanked the Council for doing their job as Councilmembers. He's been a citizen of Tukwila for 26 years and is impressed and grateful for the time they commit each week. SPECIAL ISSUES: a. Amendment to Public Defender services contract with Kirshenbaum and Goss, Inc., P.S. Councilmember Fenton reported review and approval of this item at the October 18 Finance and Safety Committee meeting. The proposed contract amendment is for a period of three years (1/1/05- 12/31/07) and increases the monthly payment to $9,000.00 from $8,500.00. Judge Kimberly Walden noted the increase of $500.00 per month still represents a bargain to the City for the amount of time and effort we are receiving from this firm especially when considering fee standards set by the National Standards for Public Defense Services. The current Public Defense payment per case (from Tukwila) is $357.00. The NSPDS fee is $400.00. The number of cases per year, per attorney (from Tukwila) is 450. The NSPDS number is 400. Under the negotiated terms, Tukwila would pay $292,740.00. Under NSPDS terms, Tukwila would pay $328,000.00. This shows a substantial savings to the City of Tukwila with the negotiated terms with the Kirshenbaum firm. Councilmember Joe Duffie invited everyone to come and see their court in action, and spoke in favor of the proposed contract amendment. For consideration, consensus existed to forward the item to the November 1, 2004 Regular meeting. b. An ordinance amending the Tukwila Municipal Code relating to signs for public facilities AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO LAND USE AND THE CITY SIGN CODE; AMENDING THE TUKWILA MUNICIPAL CODE RELATING TO SIGNS FOR PUBLIC FACILITIES, INCLUDING PUBLIC SPORTS FIELDS AND ATHLETIC FACILITIES; AMENDING ORDINANCE NOS. 1770 AND 2019, AND TUKWILA MUNICIPAL CODE SECTIONS 19.08.030, 19.28.010, AND 19.32.080; ADDING A NEW SECTION 19.24.070 TO THE TUKWILA MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Brandon Miles, Assistant Planner, DCD, reported the proposed changes to the ordinance address sign issues at public facilities within public recreation overlay districts, animated signs within the public recreation overlay districts and museums. The Assistant Planner explained Starfire Sports has approached the City with a proposed ordinance amending the TMC regarding changes to the sign code which affect athletic facilities in low- density residential neighborhoods. In addition to meeting with staff members from Starfire, City staff has also met with officials from the Museum of Flight and our own Parks and Recreation Department regarding signage issues. City of Tukwila Page 4 of 8 City Council Committee of Whole Meeting Minutes October 25, 2004 Explaining items to be sent to the Planning Commission (if approved by the Council), Mr. Miles noted the issues include scoreboards, permanent and temporary signs within public facilities, animated signs at sports facilities, signs located at public facilities in public recreation overlay districts and museums. Council raised pros and cons of each issue and personal opinions were provided. For consideration, City Council consensus existed to direct staff to forward the proposed sign code changes to the Planning Commission. The Commission must conduct a public hearing with respect to the proposed changes, make subsequent suggestions and /or recommendations and remand the item to Council for final action. c. An ordinance establishing a process for attaching tax liens and recovering costs to recoup abatement costs. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 8.45, ENFORCEMENT, OF THE TUKWILA MUNICIPAL CODE, TO IMPLEMENT THE PROVISIONS OF RCW CHAPTER 35.80 Councilmember Linder reported consideration and approval of this item at their October 12 Community Affairs and Parks Committee meeting. At issue is whether or not the Council should adopt an ordinance which would allow the City to recoup abatement costs by filing tax liens with King County, on buildings which impact public safety. Steve King, municipal attorney with Kenyon Disend, reported the proposed ordinance gives the City an additional enforcement mechanism. The proposed ordinance adopts RCW 35.80 by reference and allows for the attachment of tax liens and recovery of costs in a timely manner. More limited than other Code Enforcement mechanisms, this ordinance may only be applied to structures that are unfit for human habitation or use. The tool may not be used where need exists for improved aesthetics or for those violations which do not impact safety and welfare. Mr. King relayed the legal process associated, including the filing of an appeal with King County Superior Court, after exhausting administrative remedies at the City level. He also addressed the effect of a tax lien on a property being filed and automatically considered a "delinquent tax." A delinquent tax after three years can trigger King County to "force a sale" of the property. Mr. King noted Tukwila is the first jurisdiction (of which he is aware) to adopt this section of the RCW by reference. Calling the provision "under- utilized," Mr. King said the provision has rarely been used and no case law exists with respect to its use. For consideration, consensus existed to forward the proposed ordinance to the November 1 Regular meeting. d. A resolution committing to initiate an annexation process in conjunction with Tukwila Valley South annexation A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA WASHINGTON, COMMITTING TO INITIATE AN ANNEXATION PROCESS FOR A CERTAIN UNINCORPORATED ISLAND OF TERRITORY AFTER SUCH ISLAND BECOMES CONTIGUOUS TO THE CITY. Also at the October 12 Community Affairs and Parks Committee meeting, Ms. Linder noted King County's willingness to support annexation of the Segale property, if the City commits to subsequently annexing the entire south Potential Annexation Area (PAA). The Committee is in favor of Council's consideration and adoption of the proposed resolution. City of Tukwila Page 5 of 8 City Council Committee of Whole Meeting Minutes October 25, 2004 Steve Lancaster noted a legal description will be provided if Council agrees to forward this item. Two corrections were made to the map included in the agenda packet for this meeting. A change was noted, as required, along the southerly boundary; and another was noted with respect to a lot that is "further to the west" which is already in the City of SeaTac and will not be included in the proposed area. At the suggestion and consensus of Council, the second whereas clause was amended to read, "WHEREAS, the City Council intends to authorize..." Council reviewed the proposed resolution and staff made suggested edits. Mr. Lancaster spoke in favor of the proposed resolution. For consideration, consensus existed to forward the item to the next Regular meeting on November 1. e. Proposed contract supplement with ECONorthwest for services related to the Tukwila Urban Center (TUC). Another item on the October 12 Community Affairs and Parks Committee agenda, Lynn Miranda, Senior Planner, DCD, noted this is a 2n amendment to a currently existing contract. As with the original agreement and the first amendment to that agreement, this second amendment ($26,000.00) will be funded by the City's federal grant for the Tukwila Urban Center /Transit Oriented Development planning (TUC/TOD). Ms. Miranda explained ECONorthwest's past work focused on providing a detailed economical analysis to ensure capital investments can be paid for. The remaining work builds upon the information already derived and explores how the projects may be funded. A joint Planning Commission /City Council meeting will be held to discuss the consultant's findings. In Task I, ECONorthwest will prepare preliminary financial strategy packages at a policy level for consideration. In Task 2, the contractor will simulate the extent to which the City's investment in the catalyst project "pays for itself." In Task 3, ECONorthwest will summarize their economic and financial factors reports (prepared in the last two years) into an appendix to the final Tukwila Urban Center plan. All tasks are slated for completion in the winter of 2004/2005. As it relates to potential development within the TUC area, Steve Lancaster reported the Fatigue property has changed hands and is in the center of the identified urban core. They will convert one of the buildings into a high -end bowling /entertainment center, and will also use part of it as a retreat center and /or corporate team building center. The same owner is exploring options for use of the property at the corner of Baker and Andover. A development proposal right now includes a potential 350 -unit multi- family complex adjacent to commuter rail station. This will fit into TUC/TOD plans. A presentation on newly proposed development of the JC Penney 19 -acre site will be made at the October 26 Community Affairs and Parks Committee meeting. For consideration, consensus existed to forward the item to the next Regular meeting on November 1. City of Tukwila Page 6 of 8 City Council Committee of Whole Meeting Minutes October 25, 2004 f. Interlocal agreement with King County Rural Library District for library services. Councilmember Linder was adamantly clear that this issue was back at the Committee of Whole meeting (from the October 12 Community Affairs and Parks Committee) to ensure the Tukwila community fully understands the proposed changes and their "gravity." Present for questions was Lucy Lauterbach, Legislative Analyst. It was discussed and understood, although not entirely appreciated, that once the City signs this agreement, it cannot "go back" on its word. The contract period is two years. With a commitment from KCLS to provide improved services, increased services and hours, the City must advertise the library and its services within the pages of The Hazelnut. The City has also preliminarily agreed to increase signage to the library. To make certain everyone understands the issue, it was reiterated that upon expiration of the contract, the City of Tukwila will no longer be involved with the library (as a mediator with the community members or in any other capacity). Consensus existed to make minor edits to the proposed Interlocal Agreement. Several Councilmembers were in favor of receiving written confirmation from the City's Library Advisory Board showing their support of the proposed ILA. For consideration, consensus existed to forward the item to the next Regular meeting on November 1. 9:07 p.m. Council President recessed the Committee of Whole meeting for 5 minutes. 9:17 p.m. Council President Haggerton reconvened the Committee of Whole meeting. g. Proposed amendments to "Natural Environment" chapter of the Tukwila Comprehensive Plan, and revisions to the Sensitive Areas Ordinance. Carol Lumb, Senior Planner, Department of Community Development, sought direction from the Council on revisions they'd like to see in connection with proposed amendments to policies in the Natural Environment Chapter of the Tukwila Comprehensive Plan and the City's Sensitive Areas Ordinance. The amendments are sought in order to comply with the State's Growth Management Act. The amendments have also been reviewed by the City's Planning Commission and, for comment and input, are now before the Council. Ms. Lumb reported receipt (and distributed to Council) of correspondence from the Washington State Department of Ecology and Department of Community Trade and Economic Development (CTED). Ms. Lumb also distributed written preliminary draft materials including Appendix 8 -C (Guidance on Widths of Buffers and Rations for Compensatory Mitigation to be Used with the Western Washington Wetland Rating System), Appendix 8 -E (Rationale for Draft Guidance on Buffers and Other Protection for Wetlands), and 8 -F (Rationale for the Draft Guidance on Ratios and Compensatory Mitigation to be Used with the Wetland Rating System). Beginning with The Natural Environment Chapter of Tukwila's Comprehensive Plan, Council reviewed the proposed amendments page by page. Making notes where edits were requested, Ms. Lumb will ensure changes are made. In addition to those animals already listed on page 22 of the Natural Environment Element Background Report 2004 Supplement Appendix A, Council added "opossums." City of Tukwila Page 7 of 8 City Council Committee of Whole Meeting Minutes October 25, 2004 All comment letters will be encapsulated by Ms. Lumb into memorandum format and presented to the Council. From there, Council will decide whether or not the proposed items should be incorporated into the Plan. Discussed at length was the issue of buffer widths, including impacts on houses and buildings, quality -of- life issues, and housing targets being increased or reduced in light of buffer widths. Although it was unclear in terms of (Council) numbers, some are in favor of following the recommendations of the Planning Commission and others are in favor of enlarging the buffer widths. Turning their attention to "Attachment D," of the presented materials, Council began review of the Planning Commission's recommended draft sensitive areas ordinance, dated July 22, 2004. Again, Council reviewed this section page by page. Present to answer questions were Gary Schulz, former City of Tukwila Urban Environmentalist (serving as a consultant) and Teresa Vanderburg, consultant with Adolfson and Associates. Debated at great length was information relative to herbicides and pesticides and whether their usage should be frowned upon, discouraged or prohibited. Based upon discussions, Mr. Lancaster and Ms. Lumb agreed to consider TMC 18.45.080 and perhaps re -word it to meet the desires of the Council, while still meeting the requirements of the code. Other issues of concern discussed between staff and Council included building setbacks to allow for construction and staying out of a buffer, allowing discharge into buffers from detention facilities, wetland size, and classification of wetlands and deepwater habitats. Where answers were not readily available, staff assured Council they would return with relative information to answer the inquiry. 10:30 p.m. Council agreed to discontinue consideration of the issue at the top of page 40, Tab D. Consensus existed to continue review of this item at the November 1 City Council Regular meeting. h. Review of 2005 Proposed Budget and 2005 -2010 Capital Improvement Program (CIPh 10:35 p.m. Alan Doerschel, Finance Director, reported commencement of budget related materials by the Utilities Committee on October 19. Due to the lateness of the hour and the number of issues on the remaining Council agendas for 2004, Mr. Doerschel suggested the possibility of holding City Council Special meetings to provide more time to review the proposed budget and CIP. Brief discussions were held and calendars were reviewed. City Council Special meetings were set for 6:30 p.m., November 9 and 16. Consensus existed for dinner to be brought in as three of them will be attending (an earlier) committee meeting those evenings. Turning their attention to the proposed Capital Improvement Plan, Mr. Doerschel reminded Council to keep in mind the outcome of several issues, projects and programs will have impacts on the General Government (as well as the Enterprise Fund's) ability to meet the program goals. The issues, projects and programs include such things as actual growth of Tukwila's economy, Operations and Maintenance costs exceeding 4% growth, ability to obtain Federal and State grants for large infrastructure projects, successful agreement with Segale regarding Tukwila Valley South annexation, Tukwila Village progress, completion of the mall expansion, JC Penney's property redevelopment, and successful resolution of the Streamlined Sales Tax process. These items, Mr. Doerschel pointed out, "will dictate what happens to Tukwila in the future." Attachment A Total Revenues Expenditures was reviewed. Mr. Doerschel reported use of a 3% figure for growth calculations. Even using that figure between 2007 and 2010, a shortage of $1 million City of Tukwila Page 8 of 8 City Council Committee of Whole Meeting Minutes October 25, 2004 would occur. The City has other growth opportunities, however, which may help meet the 3% growth rate. As it relates to Streamlined Sales Tax, Mr. Doerschel is hopeful that a mitigation package may "get us most of the money." From there, Mr. Doerschel very briefly reviewed the Water Fund (2005 -2010) analysis. He reported statistical figures on how water revenue figures are derived (i.e., 80% commercial /industrial; 6% residential). The Finance Director called the Water Fund "reasonably sound, with pretty good fund balances all the way across." Next, Mr. Doerschel reviewed the Sewer Fund. He noted King County's and Tukwila's sewer funds have been "split out" to separately reflect the revenues. King County increases will be passed on to rate payers and a 9% increase has been included for 2005. Further, the City will seek a 15% rate increase in 2006. Then, the Surface Water Fund was reviewed. Mr. Doerschel noted that if the City is to complete projects listed within the CIP, "rate increases will be required." Calling the proposed increases "staggering," Mr. Doerschel noted deep thinking would be required as Council could receive political heat. This fund is the most difficult with which Council may deal. Finally, the Golf Fund was reviewed. Of concern to Mr. Doerschel are the weather and the potential for decreased rounds of golf. Rainy seasons and bad weather minimize or prevent play. He spoke of the need to be aggressive with marketing and said sales taxes collected from 2004 to 2008 will pay the General Government portion of the debt service. Further, he noted that the debt service on the 2003 bond issue will be reduced in 2009 when the golf course's revenues will begin paying the debt service. In the interest of time, discussions were held to a minimum. Full discussion of the issues will be held at the appropriate committee meetings. Consensus existed to forward review of the proposed budget documents to the November 9 City Council Special meeting. ADJOURNMENT: 10:55 p.m. FENTON MOVED; HERNANDEZ SECONDED TO DISPENSE WITH REPORTS AND IMMEDIATELY ADJOURN. The motion carried 7 -0. i Hagg96 ouncil President C� L Date Minutes approved: November 1, 2004. d.41( /6ek( Robert H. Baker, CMC, Deputy City Clerk