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HomeMy WebLinkAbout2005-08-22 Committee of the Whole Minutes6:16 p.m. 6:55 p.m. Executive session began. Executive session ended. CALL TO ORDER /PLEDGE OF ALLEGIANCE: SPECIAL PRESENTATION: TUKWILA CITY COUNCIL August 22, 2005 Tukwila City Hall Council Chambers COMMITTEE OF WHOLE MEETING MINUTES EXECUTIVE SESSION 6:15 P.M. POTENTIAL LITIGATION PURSUANT TO RCW 42.30.110(1)(i) Pamela Linder, Council President, opened the Committee of Whole meeting at 6:15 p.m. and Council immediately recessed into executive session. The issue was potential litigation, pursuant to RCW 42.30.110(1)(i), and the session was slated to last 45 minutes. No action was taken. Council President Linder adjourned the executive session and the Council stood at ease until the Committee of Whole meeting began. COMMITTEE OF WHOLE 7:00 p.m. Calling the meeting to order at 7:04 p.m. and leading the flag salute was Pamela Linder, Council President. BY CONSENSUS OF COUNCIL, REPORTS (AGENDA ITEM #6) SHALL BE CONSIDERED AT THE CONCLUSION OF THE CITY COUNCIL SPECIAL MEETING (LATER THIS SAME EVENING). COUNCIL ATTENDANCE: Present were Council President Pamela Linder; and Councilmembers Joan Hernandez, Pam Carter, Jim Haggerton, Dennis Robertson and David Fenton. Councilmember Joe Duffie was absent. OFFICIALS: Steven M. Mullet, Mayor; Rhonda Berry, City Administrator; Lucy Lauterbach, Legislative Analyst; Bob Baker, Deputy City Clerk; Derek Speck, Economic Development Administrator; Jim Morrow, Public Works Director; Steve Lancaster, Director of Community Development; Kevin Fuhrer, Finance Director; Nick Olivas, Fire Chief; and Shelley Kerslake, City Attorney. Update Washinaton D. C. issues Hal Hiemstra and Michelle Giauerre Hal Hiemstra and Michelle Giquerre, Ball -Janik lobbyists. Washinaton D.C.. congratulated Tukwila officials on a successful year with regard to their work in the United States Congress. With considerable time, energy and effort, the City has been named recipient of two substantial grant awards for transportation improvement projects totaling more than $5 million. Calling receipt of the funds "complimentary on behalf of the congressional delegation," Mr. Hiemstra noted Washington State Senators Cantwell and Murray were instrumental in ensuring their receipt. Complimenting City officials and stating "the proof is in the pudding," Mr. Hiemstra said receipt of the grant awards is also a reflection of City staff and officials being focused in their messages and presentations, and actually taking time to visit Washington D. C. City of Tukwila Page 2 of 5 City Council Committee of Whole Minutes August 22, 2005 Explaining receipt of TEA -21 Bill monies, Mr. Hiemstra noted funds were slated for distribution via one year award for each of six years. Since no actual funds were delivered during the first year of the Bill, Tukwila will receive a larger grant amount in year two (this year). U. S. Congress has not yet completed (Fiscal Year) 2006 transportation appropriations (an annual process); however, since Tukwila has been assured of funded project (grant awards), Mr. Hiemstra said, "the game is over...for this year." Staff, administration and Council must now turn their attention toward future priorities and related projects. Beyond that, all must "hone the message to Congress" and finalize presentations to be made in the coming months. Doing these things now will create a more polished presence" for future visits to Washington D.C. Turning his attention to the proposed Southwest Airlines relocation from Sea -Tac International Airport to King County Airport (Boeing Field) in Tukwila, Mr. Hiemstra noted "the Washington State congressional delegation" has written correspondence (to the King County Council) opposing the move. Without explanation (to the City Council), Mr. Hiemstra reported Jim McDermott is the Washington State congressman who did not sign the letter. Those who did sign were Adam Smith, Norm Dicks, Patty Murray and Maria Cantwell. Monetary issues, infrastructure needs and increased /compounded noise impacts to Tukwila residents are just some of the concerns to be raised and voiced when talking to those who will listen. Mr. Hiemstra reported the City cannot look to the federal government for monetary assistance in this area. Before concluding for the evening, Mr. Hiemstra reported much "ongoing, difficult" work with respect to the re -write of the Telecommunications Act. Some success has already been achieved in limiting a city's capability to tax voice -over capabilities. Senator John McCain has recently introduced legislation to limit tax revenues on communications. City of Tukwila officials must prepare /present a formal paper on this issue. Jim Haggerton, Chair of the IT Technology and Steering Committee, will attend a (September) Joint ITC/ National Telecom Organization. Convening in Washington, D. C., committee members will focus on the telecommunications act re -write as well as possible outcome scenarios for all involved. The ITC has formulated a "task force" which will meet two days prior to the Joint meeting to lobby congressional delegates. Councilmember Hernandez noted this may be an important topic for the 2006 City Council Retreat agenda. CITIZEN COMMENT /CORRESPONDENCE: Arthur "Mac" McDonald 4246 South 146 Tukwila, reported the eastbound lane on his street is being used as a "speedway." Out of concern for his neighbor's five children, Mr. McDonald asked the Council to have Police look into the situation. Mr. McDonald was immediately referred to Police Chief Haynes who was present during this portion of the meeting. Anna Bernhard 14241 59 Avenue South, Tukwila, reported being "terrorized by motorcycle riders and racers on Interurban Avenue." Happening all hours of the day and night, especially Saturdays, Ms. Bernhard is hesitant to contact 9 -1 -1, yet would like relief. Council President Linder and Councilmember Carter encouraged Ms. Bernhard to contact 9 -1 -1 when the need arises and also asked her to see Chief Haynes before leaving Council Chambers. SPECIAL ISSUES: a. Update 2005 Transportation Fundina Proposed proiects. Jim Haggerton, Chair of the Transportation Committee, reported review of this issue at the July 25 meeting. While most projects are not in Tukwila, the City is affected in some way. The 2005 Washington State Legislature enacted laws, including State funding for transportation, under the 2005 Transportation Partnership Act. The 2005 funding supplements the "Nickel Package" approved in 2003. Together, these monies will aid in implementing the region's much needed transportation plan. City of Tukwila Page 3 of 5 City Council Committee of Whole Minutes August 22, 2005 Councilmember Carter explained the Transportation Partnership projects include gas tax monies "restricted to Highway use." Totaling over $7.5 billion, monies will be spent over the next 16 years to make necessary improvements and upgrades. A major portion of the funding of these projects is derived from gas taxes, increased vehicle weight fees on passenger vehicles, increased combined license fees for light trucks, a flat fee of $75 on all motorhomes, increased drivers' license services, and increased license plate charges. Gas taxes will increase over the next four years as follows: 3 cents in July 2005, 3 cents in July 2006, 2 cents in July 2007, and 1.5 cents in July 2008. As such, a car that achieves an average of 22 miles per gallon, driving 12,000 miles per year, will pay an additional $16 in 2005, $33 in 2006, $44 in 2007, and $52 in 2008. Collected at the State level, the gas tax is distributed by a statutory formula. The gas tax is covered by the 18 Amendment of the Washington State Constitution and can only be used for highway purposes. Interestingly, Washington State ferries are considered highways. Cities and Counties currently receive a statutory distribution of the gas tax. The 2005 Funding Package provides an additional distribution to local governments. Cities and Counties will receive a quarter of a cent from the first 3 cent increase in 2005, and another quarter of a cent each from the second increase in 2006 (totaling 1/2 cent). The Washington State Department of Transportation receives the remaining 2.5 cents from the 2005 and 2006 increase, 2 cents from the 2007 increase and 1.5 -cent increase from 2008 (totaling 8.5 cents). Through the use of pie graphs and charts, Ms. Carter explained must of the funds derived will be spent to increase safety and congestion especially in areas where "chokepoints and bottlenecks" occur. It is estimated that all of the $5.5 billion for King County (excluding maintenance and operations) shall be distributed to the following categories: pavement preservation $53 million; structure preservation $47 million; "other" preservation $32 million; chokepoints and bottlenecks $1.97 million; safety $2.7 million; local projects $1 million; economic initiative $68 million; environmental retrofit $49 million; ferries $502 million; freight $51 million; and rail $30 million. INFORMATIONAL ONLY, NO ACTION IS REQUIRED ON THIS ITEM. b. Proposed ordinance regarding cheating and other gambling offenses in card rooms. mini casinos and gambling establishments. Dennis Robertson, Chair of the Finance and Safety Committee, reported review and approval of this proposed ordinance at their August 15 meeting. Reviewed at least twice at the Committee level, this proposed ordinance adopts certain sections of the Revised Code of Washington, relative to misdemeanor gambling offenses namely cheating. While these offenses are currently prosecuted at the (King) County level, if the City Council adopts the proposed ordinance, the offenses would be prosecuted in the City's Municipal Court. Endorsed by the Washington State Gambling Commission, other municipalities (Burien, SeaTac, Des Moines) have recently adopted such an ordinance. The Commission has asked the City to adopt, by reference, RCW 9.46.196 (cheating defined) and 9.46.1962 (Cheating 2 Degree). Sections not included in the currently proposed ordinance relate to crimes the City cannot enforce such as felonies and sections specifically related to the Gambling Commission. It is unclear what (if any) additional costs may arise as a result of enforcing these provisions. They are believed, however, to be minimal. Tukwila's prosecuting attorney believes she has declined approximately 10 +1 cases in 2004 as Tukwila lacks jurisdiction over the matters. For that reason, they are referred to King County for prosecution. Even with these 10 cases per year, the prosecutor's office believes the caseload would be "negligible." City of Tukwila Page 4 of 5 City Council Committee of Whole Minutes August 22, 2005 Very little discussion was had on the issue. Calling the law "prudent" and "wise to have on the books," Councilmember Robertson spoke in favor of forwarding this issue to a Regular meeting. FOR ACTION, CONSENSUS EXISTED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 6 REGULAR MEETING. c. Proposed Financial Policies. Dennis Robertson, Chair of the Finance and Safety Committee, reported review and approval of the proposed policies. At the committee level over the course of many meetings, these policies have been developed, prepared and reviewed for approval. Mr. Robertson described the policies as "responsible" and said they codify current practices. Kevin Fuhrer. Finance Director. agreed the policies are responsible and noted that while they are not required by the Washington State Auditor's Office, they are a good internal control feature. The policies are referenced in compliance auditing. Councilmembers posed questions to the Finance Director regarding various policies including DP -5 Assessment Debt LID's being preferred to general debt. Calling this a new philosophy to the City, Ms. Carter suggested amendment so that the policy reads, "Assessment Debt (LID) shall be considered before..." Mr. Fuhrer agreed to make the related change and noted more information is forthcoming on the issue; i.e. results of a current feasibility study. Referring to Policy FP -7, Councilmember Robertson noted the City will maintain a $1.1 million "Rainy -Day Fund" and a $3 million cash surplus in each year's budget. This is needed to conduct "general business." If the City should fall short, FP -8 states City Administration will provide revenue options, including service and program reductions, capital project deferrals and /or staffing reductions. For the record, the $1.1 million is not included on Attachment A. In accordance with Council suggestion, the proposed policies will be recorded in the Capital Improvement Program document as well as the City's adopted budget book for each year. Shelley Kerslake, City Attorney, stated such policies should be approved by resolution. The resolution can denote where the policies may be found. Council concurred with the suggestion. FOR ACTION, CONSENSUS EXISTED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 6 REGULAR MEETING. d. Proposed ordinance granting a non exclusive franchise to Clearwire Communications. David Fenton, Chair of the Utilities Committee, reported review of this item at the August 16 meeting. There, committee members discussed the proposed ordinance and are in favor of its adoption. Jim Morrow. Public Works Director. noted Clearwire Communications wants to build an extensive network to provide fast, affordable wireless broadband internet service to residential and commercial customers through the Puget Sound region. At this time, Clearwire proposes installation of wireless facilities within Tukwila's rights of way (ROW) to include panel antennas and microwave panels on utility poles. Such installation (within ROW) requires a franchise agreement. To support its wireless system, the Kirkland -based company's facilities will consist of panel antennas and microwave panels secured on new or existing structures such as utility poles. The above ground height of the utility pole and antenna /microwave system is approximately 54 feet. The antenna system will have associated coaxial cable running the length of the pole to an equipment cabinet to be installed in the ROW adjacent to the utility pole. Mr. Morrow reported a proposed change to the agreement is the addition of a clause yet to be added pursuant to review by Clearwire staff relative to insurance indemnifying the City against claims should workers of Clearwire be hurt in the installation of equipment within City ROW. The City will collect administrative fees for preliminary work. City of Tukwila Page 5 of 5 City Council Committee of Whole Minutes August 22, 2005 For clarification, Mr. Robertson noted the initial request (by Clearwire) is for one, currently- existing utility pole. The intended coverage, (although not yet known) is for more than 10 square miles. Subscriber packages are currently being created. Ms. Carter asked if this is different from a master use permit put together for other types of things where items were put in the road. Mr. Morrow said it's similar. We are prohibited from charging Clearwire "rent" for the ROW, yet the City may charge an amount to offset costs, including a one -time $5,000.00 fee. This is Washington State law. She clarified and confirmed Clearwire would, indeed, be a competitor to Comcast. As the City has not heard back from Clearwire on the previously mentioned indemnification clause, Mr. Morrow encouraged Council to strike this (related) item from the City Council Special Meeting agenda directly following this meeting. Council agreed. FOR ACTION, CONSENSUS EXISTED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 6 REGULAR MEETING. 8:22 p.m. Council President Linder adjourned the Committee of Whole meeting and declared a 5- minute recess before convening the City Council Special meeting. ADJOURN: 8:22 p.m. Council President Linder adjourned the Committee of Whole meeting. Pamela Linder, Council President BtheAt Robert H. Baker, CMC, Deputy City Clerk Date Minutes Signed: October 3, 2005