Loading...
HomeMy WebLinkAboutCity Council Committees - Operations Committee - 02/02/2016 (2) Unless otherwise noted, the Operations Committee meets at 4 p.m. on the first and third Tuesday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032. For additional information please contact Jennifer Hays at 253-856-5700. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Operations Committee Agenda Councilmembers: Bill Boyce – Les Thomas – Dana Ralph, Chair February 2, 2015 4 p.m. Item Description Action Speaker Time Page 1. Call to order Chair Boyce 1 2. Roll Call Chair Boyce 1 3. Changes to the Agenda Chair Boyce 1 4. Approval of Check Summary Report dated 1/01/2016 thru 1/15/2016 YES Chair Boyce 2 5. Approval of Meeting Minutes Dated January 19, 2016 YES Chair Boyce 2 1 6. Lodging Tax Advisory Committee Board Member Expansion Ordinance - Recommend YES Ben Wolters 10 5 7. 2016 Annexation Sales Tax Credit Certification - Recommend YES Barbara Lopez 5 9 8. Director’s Report NO Aaron BeMiller 5 17 This page intentionally left blank OPERATIONS COMMITTEE MINUTES January 19, 2016 Committee Members Present: Dana Ralph, Chair; Bill Boyce; and Les Thomas. The meeting was called to order by Dana Ralph at 4:00 p.m. 1. ROLL CALL. 2. CHANGE TO AGENDA. There were no changes to the agenda. 3. APPROVAL OF THE CHECK SUMMARY REPORT DATED 12/16/2015 THRU 12/31/2015. L. Thomas moved to approve the check summary report dated 12/16/15 through 12/31/15. B. Boyce seconded the motion, which passed 3-0. 4. APPROVAL OF MINUTES DATED JANUARY 5, 2016. B. Boyce moved to approve the Operations Committee minutes dated January 5, 2016. L. Thomas seconded the motion, which passed 3-0. 5. ASSISTANT CITY ATTORNEY – LIMITED TERM - RECOMMEND. Deputy City Attorney Pat Fitzpatrick made a request to hire a limited-term, full-time, benefitted Assistant City Attorney position. The term will expire at the end of 2016. Over the past few months, the Law Department has benefitted from Ifeona Monu, who is admitted to practice in Washington State and has been volunteering her time for the prosecution division. This has allowed the division to have adequate coverage for court and trials that Assistant City Attorney Michele Walker has not been able to handle. Over the past year, Ms. Walker has taken on a heavier workload of criminal forfeiture proceedings. The forfeiture work occupies approximately 30-40 percent of her time, affects the amount of prosecution work she is able to perform, and puts additional stress on the remaining prosecutors trying to cover for her. Additionally, the division will likely suffer the loss of an assistant city attorney for an extended period starting sometime in April, 2016, due to anticipated FMLA leave. The budget impact to temporarily hire Ms. Monu will be approximately $45,000 from the forfeiture fund which currently has a balance of roughly $500,000. The remaining costs would come from the Law Department’s existing 2016 budget. L. Thomas moved to recommend council authorize the hiring of a limited-term, full- time, benefitted Assistant City Attorney position. B. Boyce seconded the motion, which passed 3-0. 11 Operations Committee Minutes January 19, 2016 Page: 2 6. INTERLOCAL AGREEMENT WITH KING COUNTY DIRECTORS ASSOCIATION FOR COOPERATIVE PURCHASING - RECOMMEND. Assistant City Attorney Tammy White made a recommendation for Council and the Mayor to consider authorizing a new interlocal agreement with King County Directors’ Association (KCDA) to clarify the record, affirm Council’s authorization of the interlocal agreement, update the agreement’s provisions and staff contact information, and ratify all acts consistent with the interlocal agreement and prior to its effective date. The City has contracted with KCDA since 1982 to allow the City to benefit from KCDA’s cooperative purchasing and procurement efforts. The 1982 interlocal agreement was signed by the City’s then-administrator, Richard Cushing. Through this interlocal agreement, the City became a member agency of the KCDA, allowing it to benefit from all contracts awarded by KCDA. However, it does not appear that this 1982 interlocal agreement was approved by city Council prior to it having been signed. If authorized by Council and signed by the Mayor, this interlocal agreement will continue in force until terminated by either the City or KCDA with 30 days advance written notice. There would be no impact to the budget if approved. B. Boyce moved to recommend Council authorize the Mayor to sign an interlocal agreement with the King County Directors’ Association to cooperatively purchase and procure supplies, equipment, and other goods and services, and ratify all acts consistent with the interlocal agreement and prior to its effective date. L. Thomas seconded the motion, which passed 3-0. 7. REAPPOINTMENTS OF BARBARA SMITH AND ANDREW HUTCHISON TO THE LODGING TAX ADVISORY COMMITTEE - RECOMMEND. Economic and Community Development Director Ben Wolters requested the reappointments of Barbara Smith and Andrew Hutchison to new three-year terms each on the Lodging Tax Advisory Committee. The Committee consists of eight members who are made up of four representatives from businesses required to collect lodging tax and four representatives who are representing activities funded by lodging tax, and chaired by a representative from the Operations Committee. Ms. Smith, the Executive Director of the Kent Downtown Partnership, has been serving on the Committee and her term expired December 31, 2015. This position is filled by a representative whose activities are funded by lodging tax. Mr. Hutchison, the General Manager of the Best Western Plaza by the Green, has been serving on the Committee and his term also expired December 31, 2015. This position is required to be filled by a representative whose business collects lodging tax. L. Thomas moved to recommend Council authorize the re-appointments of Barbara Smith and Andrew Hutchison to the Lodging Tax Advisory Committee. B. Boyce seconded the motion, which passed 3-0. 22 Operations Committee Minutes January 19, 2016 Page: 3 8. 2016 INSURANCE PROGRAM. Interim Human Resources Director Chris Hills provided an update to some changes to the insurance program. Although the program is in great shape, the market on the liability side is soft causing a slight increase in premium tax of $500. So far liability costs have been cut in half from 2011’s $1.3 million to today’s $600,000 with the help of directors working on limiting negligence issues. The carrier for the excess worker compensation policy, a purchase above the $500,000 self-insured retention (SIR), in 2015 wanted to increase the minimum premium to $65,000 but it was negotiated to increase in two $5,000 increments starting this year. 9. HALOGEN eLEARNING Mr. Hills briefed members on the City’s purchase of the Halogen eLearning Learning Management System (LMS) that was originally bought in 2014. The current LMS is outdated and was never capable of functioning jointly with the payroll/personnel system making a roadblock to keeping accurate training records of employees. For 2016 Human Resources (HR) has purchased a new LMS from Halogen called eLearning. This purchase is being made after extensive evaluation of several LMS and cooperation of departments who are key users of the LMS, specifically Police and Public Works. This new LMS will roll out to employees over the course of 2016. Training on its use will be provided by HR and in conjunction with training on Halogen Performance. The cost of the system and courses will be $36,140 ($18,440 for system and $17,700 for learning content). This cost is well within the budget established for Citywide training for 2016. For 2017, system cost of budget will revert to the Information Technology Department where the current system will serve as backup during 2016. Cost of learning content will continue within HR training budget. 10. QUARTERLY PROCUREMENT REPORT Chief Administrative Officer Derek Matheson updated committee members on the adopted May 2015 procurement ordinance that has a central feature that raises the Mayor’s purchasing authority from $25,000 to $65,000. This feature requires staff to provide a quarterly report to Council on contracts, including real-estate agreements, above $25,000 not previously approved by Council. The current report covers nine contracts of the fourth quarter in 2015. The meeting was adjourned at 4:29 p.m. by D. Ralph. J. Hays Jennifer Hays Operations Committee Secretary 33 This page intentionally left blank 44 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Charlene Anderson, AICP, Planning Manager Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 2, 2016 TO: Kent City Council Operations Committee FROM: Ben Wolters, Economic and Community Development Director Subject: Lodging Tax Advisory Committee Board Member Expansion Ordinance - Recommend SUMMARY: At the December 8, 2015 Council meeting, Ordinance No. 4176 was adopted to increase the number of members appointed to the Lodging Tax Advisory Committee from seven to nine members. In order to alleviate confusion concerning the terms of the two new additional members, and to remain consistent with state law, minor changes to the Kent City Code are required. In the attached draft ordinance you will see the clarification of language BACKGROUND: The Lodging Tax Fund has seen a steady increase in hotel/motel tax revenues in the past three years with 17 motel/hotels in Kent. The Lodging Tax Advisory Committee is pursuing a more aggressive and expansive strategy to market Kent to visitors and businesses through a new marketing brand and a targeted social media, radio, and TV campaign. With the growing work of the Committee, it was deemed useful to include a wider range of voices and broader participation on the Committee from those who collect the hotel/motel tax (hotels) and those community representatives that use lodging tax funding to promote Kent to help guide the marketing and branding strategy for Kent. Accordingly, the Committee was given an increased membership by the City Council, through passage of Ordinance No. 4176. BUDGET IMPACT: None Enc: Ordinance cc: Ben Wolters, Economic & Community Development Director MOTION: Recommend City Council adopt clarifying language pertaining to term limits in Ordinance No. 4176 amending Chapter 2.54 of the Kent City Code, entitled “Lodging Tax Advisory Committee,” to increase the number of committee members from seven to nine. 55 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 2.54.030 of the Kent City Code, to make housekeeping changes regarding the appointment and terms of Lodging Tax Advisory Committee members. RECITALS A. The number of members of the Lodging Tax Advisory Committee was recently increased from seven members to nine, through passage of Ordinance No. 4176, on December 8, 2015. B. In order to alleviate confusion concerning the terms of the two additional members, and to remain consistent with state law, minor changes to the Kent City Code are required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 2.54.030 of the Kent City Code is hereby amended to read as follows: 1 Amend KCC 2.54.030 - Re: Terms of Lodging Tax Advisory Committee Members 6 Sec. 2.54.030 Terms. A. All members appointed pursuant to KCC 2.54.020 shall serve three- year terms. The initial appointment shall be staggered with three appointments serving a one-year term, three appointments serving a two- year term, and two appointments serving a three-year term. All current members of the committee as of December 30, 2015, shall continue to retain their staggered three-year terms, as shall their successor appointees, pursuant to Ordinance No. 3417. The two additional members appointed by the city council, as authorized by Ordinance No. 4176, shall serve three-year terms each. Organizations representing businesses required to collect tax under Chapter 67.28 RCW and organizations involved in activities authorized to be funded by revenue received under said tax as well as local agencies involved in tourism and promotion may submit recommendations for membership on the committee. B. Pursuant to RCW 67.28.1817(1), as amended, the city council shall review the membership of the lodging tax advisory committee at least once annually, and shall make changes as appropriate. SECTION 2. – Retroactivity. This ordinance shall be effective and apply retroactively to all appointments and re-appointments to the lodging tax advisory committee made by the city council on or after January 7, 2016. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 Amend KCC 2.54.030 - Re: Terms of Lodging Tax Advisory Committee Members 7 SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK p:\civil\ordinance\lodging tax 2.54.docx 3 Amend KCC 2.54.030 - Re: Terms of Lodging Tax Advisory Committee Members 8 FINANCE Aaron BeMiller, Director Phone: 253-856-5260 Fax: 253-856-6255 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: February 2, 2016 TO: Kent City Council Operations Committee FROM: Barbara Lopez, Deputy Finance Director SUBJECT: Budget Certification for Annexation Sales Tax Credit-Resolution MOTION: Recommend Council approve the resolution certifying the Panther Lake annexation sales tax credit of $4,764,290 for the period July 1, 2016 through June 30, 2017. SUMMARY: The City is required to certify to the State of Washington before March 1st of each year, the amount needed from the annexation sales tax credit to provide services in the annexed area. The Finance Department has calculated estimated costs and revenues within the Panther Lake annexation area and has determined a gap between revenues generated and expenditures used to provide services of $4,764,290 for July 1, 2016 through June 30, 2017. This certification period is the seventh year the City will receive the annexation sales tax credit, which will expire June 30, 2020. BUDGET IMPACT: Estimated costs for the Panther Lake annexation area for the State’s fiscal year 2016 is anticipated to be $12,792,765 in expenditures to provide City services to those residents, while we anticipate revenues of $8,028,475 from property taxes, sales taxes and other sources. The net of the revenues and costs produces a deficit of $4,764,290 which is the amount being certified as the amount of annexation sales tax credit we are requesting from the State. EXHIBITS: Resolution 99 1 Tax Credit Threshold Panther Lake Annexation RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, determining a new threshold amount for the sales and use tax authorized by RCW 82.14.415 and codified in Chapter 3.27 of the Kent City Code, relating to the cost of providing municipal services to the Panther Lake Annexation Area for the 2016 fiscal year, and authorizing the Finance Director to certify the threshold amount to the Washington State Department of Revenue. RECITALS A. RCW 82.14.415 authorizes the City to impose a sales and use tax as a credit against state retail sales and use taxes collected under Chapters 82.08 and 82.12 RCW to assist the City in providing municipal services to newly annexed areas. B. After providing all appropriate notice and following appropriate procedure, and following a favorable vote on the annexation proposition, the Kent City Council adopted Ordinance No. 3936 on December 8, 2009, approving the Panther Lake Annexation Area effective July 1, 2010. The population within the annexation area determined at the time of annexation was 25,458 people. 1010 2 Tax Credit Threshold Panther Lake Annexation C. On February 16, 2010, the City Council passed Ordinance No. 3947, creating Chapter 3.27 of the Kent City Code and imposing the sales and use tax at the rate of 0.2 percent. D. On February 15, 2011, the City Council adopted Resolution No. 1839 confirming the tax rate at 0.2 percent and authorizing the finance director to certify the threshold amount for the 2011 fiscal year. E. On February 7, 2012, through Resolution No. 1853, the City Council adopted a new threshold amount for the 2012 fiscal year and authorized the finance director to certify the same. F. On February 19, 2013, through Resolution No. 1871, the City Council adopted a new threshold amount for the 2013 fiscal year and authorized the finance director to certify the same. G. On February 4, 2014, through Resolution No. 1881, the City Council adopted a new threshold amount for the 2014 fiscal year and authorized the finance director to certify the same. H. On February 17, 2015, through Resolution No. 1904, the City Council adopted a new threshold amount for the 2015 fiscal year and authorized the finance director to certify the same. I. With this Resolution, the City authorizes the imposition of similar annexation sales and use taxes for the 2016 fiscal year. J. The City Council of the city of Kent, Washington, finds and determines that the projected cost to provide municipal services to the Panther Lake Annexation Area for the 2016 fiscal year will be at least $12,792,765, and that this cost exceeds the projected general revenue 1111 3 Tax Credit Threshold Panther Lake Annexation that the City would otherwise receive from the annexation during the 2016fiscal year, which is estimated to be $8,028,475. K. Pursuant to RCW 82.14.415, the city of Kent is authorized, under the circumstances of this annexation, to impose a sales and use tax for the 2016 fiscal year, which shall be collected by the State department of revenue from those persons who are taxable by the state under Chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the City. L. The rate of tax imposed shall be 0.2 percent, and shall be in addition to other taxes authorized by law, and the threshold amount for the 2016 fiscal year is $4,764,290. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Rate and Threshold Amount. The Kent City Council determines that the threshold amount for the City’s projected net cost in providing municipal services to the Panther Lake Annexation Area for the 2016 fiscal year is $4,764,290. The City Council previously imposed a sales and use tax at the rate of 0.2 percent, with the passage of Ordinance No. 3947 on February 16, 2010. SECTION 2. – Implementation and certification. The Mayor of the city of Kent is authorized to implement administrative procedures as may be necessary to carry out the provisions of this resolution. The City’s Finance Director is authorized to certify the amount for the 2016 fiscal year to the appropriate agencies within the State of Washington. 1212 4 Tax Credit Threshold Panther Lake Annexation SECTION 3. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. – Savings. Resolution No. 1904 shall remain in full force and effect until the effective date of this resolution. SECTION 5. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7. – Effective Date. This resolution shall take effect and be in force immediately upon its passage, however the imposition of the sales and use taxes for the 2016 state fiscal year authorized by this resolution shall not take effect until the commencement of that fiscal year. PASSED at a regular open public meeting by the City Council of the city of Kent, Washington, this _______ day of _________________, 2016. CONCURRED in by the Mayor of the city of Kent this ______ day of __________________, 2016. 1313 5 Tax Credit Threshold Panther Lake Annexation SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. ______ passed by the City Council of the city of Kent, Washington, the ________ day of _________________, 2016. RONALD F. MOORE, CITY CLERK P:\Civil\Resolution\Annexation Sales Tax Threshold2016 - track changes.docx 1414 Estimated Description Revenues Property Taxes 3,191,940 Sales and Use Tax 195,000 Sales and Use Tax - Criminal Justice 690,000 Utility Taxes 2,689,485 Other Taxes 45,000 Cable Franchise Fee 297,840 Liquor - Excise Tax & Board Profits 312,960 Fuel Tax 570,000 Other State Shared Revenues 36,250 8,028,475 Maximum Sales Tax Credit 4,764,290 12,792,765 Estimated Department Expenditures City Council 75,655 Mayor's Office & City Clerk 520,265 Municipal Court 643,605 Employee Services 246,310 Law 365,795 Finance 560,660 Information Technology 348,725 Police 5,733,060 Fire Services 266,985 Economic & Community Development 647,515 Public Works 1,454,070 Parks, Recreation & Community Services 1,930,120 12,792,765 Revenues Over / (Under) Expenditures - CITY OF KENT PANTHER LAKE ANNEXATION CERTIFICATE JULY 1, 2016 THROUGH JUNE 30, 2017 1515 This page intentionally left blank 1616 Kent Council Operations Committee Consolidating Budget Adjustment FINANCE Aaron BeMiller, Director Phone: 253-856-5260 Fax: 253-856-6255 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: February 2, 2016 TO: Kent City Council Operations Committee FROM: Aaron BeMiller, Finance Director SUBJECT: Director’s Report MOTION: No motion: Non-action item SUMMARY: The Finance Director will report out financial or operational item(s). BUDGET IMPACT: BACKGROUND: 1717