Loading...
HomeMy WebLinkAbout1992-04-27 Committee of the Whole MinutesApril 27, 1992 7:00 p.m. CALL TO ORDER COUNCILMEMBERS Councilmember excused OFFICIALS TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MINUTES The Council agreed to excuse Councilmember Duffie from tonight's meeting due to his military commitment. The Mayor responded that measures will be taken to follow up on this concern. Jackie Dempere, 4033 South 128th, commented that similar situations are going on all over the City. She suggested a deterrent might be to assess penalties to those who violate the City's standard procedures. ALLAN EKBERG, Council President; JOAN HERNANDEZ, DENNIS ROBERTSON, CHARLIE SIMPSON, STEVE LAWRENCE, STEVE MULLET. Tukwila City Hall Council Chambers Council President Ekberg called the Committee of The Whole Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOHN MCFARLAND, City Administrator; MIKE KENYON, City Attorney; RON CAMERON /DOUG MICHEAU/TED FREEMIRE, Public Works; MIKE ALDERSON, Fire; RON WALDNER, Police Chief. CITIZEN'S COMMENTS Dorothy DeRodas, 3910 South 114th, commented that two property owners (Thompson Whales) are chopping away at the hillside near her property to the point of exposing the roots of the large Maple trees. These trees contribute to the stability of the land mass. Her concern is that citizens taking such actions could pose larger problems in the future to not only hers but many other property owners; especially when the offender operates on the weekend when it hardest to contact City officials. Connie Hoffman, 3924 South 114th, alluding to Mrs. DeRodas's remarks, commented that she had contacted the City Monday, the City sent inspectors to the area and discovered the work was being done without any permits whatever. A City official informed the property owners they would have to go through the City's permitting process; however, this was after the fact and the damage had already been done. Ms. Hoffman continued that she is very unhappy the City has no procedure in place to govern weekend situations such as this. On one occasion, Ms Hoffman says, she called the Mayor and asked him to investigate a similar situation, the Mayor acted immediately and informed her of the status. City Attorney Mike Kenyon explained that most of the City's land use /building /public works -type ordinances (where permits are required) have specific violation provisions in them and criminal penalties are addressed. For those ordinances that don't have an expressed violation provision within the ordinances themselves, there's a general penalty provision in the Tukwila Municipal Code (TMC), Chapter 1, but it accents criminal penalties. To address the Committee of The Whole Meeting Minutes April 27, 1992 Page 2 Citizen's Comments (Con't) PUBLIC HEARINGS Increase in water rates. SPECIAL ISSUES Discussion of resolution establishing a proposed Urban Growth Boundary. A Review of the Planning Comm. recommendation for non- conform- ing single family bldg. setbacks. Recess 8:10 8:20 p.m. Amend agenda Discussion of contract for legal services. Council President closed the hearing at 7:45 p.m. Council President called the meeting back to order with councilmembers present as noted above. City's needs, Kenyon says he is presently working on a civil enforcement penalty ordinance that he hopes to have (at least a draft) into a committee some time next month for the land- use -types of violations in question. Council President Ekberg opened the public hearing at 7:40 p.m. Finance Director Alan Doerschel explained that the proposed rate increase is for the 3rd of the three year graduated reservoir debt service increase (15% for summer usage and 5% for winter usage), and is to recover remaining 1991 Seattle water rate "pass throughs." The Mayor informed the Council that because of the technical requirements involved in drafting a resolution for annexing property, and time constraints, the Administration was unable to complete in time for April 27 C.O.W. meeting. However, all data should be ready for the May 4 Regular Council. After a brief discussion, the Council consensus was to forward water rates increase to the next Regular Council. After a brief discussion of the proposed boundaries, the Council consensus was to forward the resolution (with minor revisions) establishing a proposed Urban Growth Boundary to the next Regular Council. Rick Beeler, DCD, informed the Council that the Planning Commission took public testimony at a hearing on March 26, 1992 regarding non conforming building setbacks for single family structures, and adopted the findings and conclusions as presented in the staff report. The Community Affairs and Parks Committee reviewed the Planning Commission's recommendation and recommend approval. The Council consensus was to forward the ordinance related to building setbacks for legally non conforming single family residences to the next Regular Council for approval. At the Mayor's request, the Council agreed to reverse item 5e "Discussion of Contract for Legal Services" with item 5d "Discussion of Comprehensive Plan update process," so that the City Attorney might leave early due to illness. The Mayor prefaced the discussion by stating if it's the Council's pleasure to discontinue the City Attorney position as contractual, cancel the discussion of the contract and explore other options. Committee of The Whole Meeting Minutes April 27, 1992 Page 3 Contract for Legal Services (Con't) Discussion of Comp Plan update. Council President stated that the question before the Council is: Should the City Attorney position be a contracted position or should the position be one of City employment (a City employee comparable to that of a Director). Councilmember Hernandez asked for clarification of the information provided in tonight's agenda packet regarding the comparison of Wage and Budget Information of various cities as it pertains to staffing for city attorney's offices. City Attorney Kenyon clarified the information presented in packet. Councilmember Lawrence stated it was not in the City's interest to contract with City employees. He said the initial intent for the in- house attorney position was to make it a regular, City employee position. Equity must be considered in fairness to other City positions of equal stature. Councilmember Robertson commented that the issue was not to challenge the City's present attorney or his value of work, but only whether the City should consider the position to be of a contractual or employee status. Councilmembers Simpson and Mullet echoed Lawrence's remarks. City Attorney Kenyon commented that as a business option, the City might wish to consider hiring a law firm at an annual flat fee, in order both to lock in legal expenses at a fixed amount and also to shift the risk of any unusual legal expense from the City and to the firm. He added that his former law firm was willing to make such a flat fee bid in an amount less than is budgeted currently for legal services. Councilmember Robertson stated that this option should be returned to the Finance and Safety Committee too. The Consensus of the Council was that legal services should not be contracted, but rather, comply to regular employee status; forward to the Finance and Safety Committee with position description drafted equal to a Director's position; then back to a future Council meeting for further discussion. The Mayor introduced several options for processes for updating the City's Comprehensive Plan. He stated that the Growth Management Act requires that the City provide for early and continuous public participation. One option (among several listed) calls for a combined commission of City Council and Planning Commission members, augmented by 12 citizens chosen from the community at large. Council discussion ensued with members focusing on Staff and Council timelines. The Council agreed that in the best interest of the City, Council and Staff, a Citizen Steering Committee should be establish to include a facilitator and a records keeper. It was the consensus of the Council that the administration assumes responsibility for developing the process for update of the Comprehensive Plan, and submit a report at the next Regular Council. Committee of The Whole Meeting Minutes April 27, 1992 Page 4 REPORTS The Mayor provided the Council with the 1st Quarter Activity Report, stating that it is a recap of only the significant activities and projects involving the Staff. Review of third City Administrator McFarland reported that per the runway. review performed by the Regional Commission on Airport Affairs (RCAA), the Draft Environmental Impact Statement (DEIS) appear deficient in several areas. If the comments are valid, it is likely that the process will have to be reinstituted with a more specific "project" focus. ADJOURNMENT 9:55 P.M. Councilmember Lawrence reported the wait is now to see what the Puget Sound Regional Council is going to do. They've divided into different groups to look at different categories, these will be monitored. Information should be forthcoming from them as it approaches the summer deadline. The Mayor reported he recently met with the employees of Associated Grocers regarding recycling and related issues. He stated they are one of the leaders in the City on recycling they're saving $35,000 a year on garbage bill. The Mayor also reported that Thorndyke Elementary School held a tree planting ceremony, dedicated by the Double Tree Suites. In conclusion the Mayor reported he was guest to a 5th grade class where he actuated the "Vision Tukwila" approach. The kids came up with some very good ideas. Council President announced he will be in attendance at the School Board Meeting tomorrow night; he attended "Business After Hours Acquisition of Business Products and Services" provided by the businesses in the Southwest King County Chamber of Commerce last week. Council President requested the Administration provide an update to the Council on the Codiga Farm at next week's council meeting. City Administrator McFarland announced that an outdoor burning ban is forthcoming for council consideration. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, THAT THE COMMITTEE OF THE WHOLE MEETING BE ADJOURNED. MOTION CARRIED. 7 t i t-'l J 1 AITan Ekberg, C 1 uncil President 1 J Celia Square, Diputy City Clerk