HomeMy WebLinkAbout1996-11-12 Committee of the Whole MinutesTUKWILA CITY COUNCIL
November 12, 1996 Tukwila City Hall
7:00 p.m. Council Chambers
CALL TO ORDER Council President Pam Carter called the Committee of The Whole
Meeting to order and led the audience in the Pledge of Allegiance.
ROLL CALL
OFFICIALS
CITIZEN'S COMMENTS
COMMITTEE OF THE WHOLE MEETING
MINUTES
JOE DUFFIE; JOAN HERNANDEZ; PAM CARTER, Council
President; ALLAN EKBERG; STEVE MULLET; JIM
HAGGERTON; PAM LINDER.
JOHN MCFARLAND, City Administrator; LUCY
LAUTERBACH, Council Analyst; EVELYN BOYKAN, Human
Services Coord.; STEVE LANCASTER, DCD Director; RON
CAMERON, City Engineer; ALAN DOERSCHEL, Finance
Director; TED FREEMIRE, Public Works Operations Manager;
JANE CANTU, City Clerk; JIM HANEY, Ogden /Murphy
/Wallace.
Arthur Rosengren, 4022 South 150th, expressed deep appreciation
to the Mayor, Council and Tukwila Police for the hard work and
progress the City has made in the past year. He's happy that the
cameras are up and running on Hwy 99; and he's especially
grateful that the Advisory Ballot/Proposition #1 Banning
Fireworks in Tukwila passed by 51 percentage votes. He
requested that the Council move swiftly in drafting an ordinance to
implement the ban.
Al Pieper, 17083 53rd Avenue South, commented that residential
areas are just not the place to be discharging fireworks, it's entirely
too dangerous.
Lynn Roberts, Washington Women's Employment and Education,
841 North Central, Kent, WA, thanked the Council for supporting
their Welfare To Work Program in the Tukwila community. She
extended an invitation to the Council to attend the November 22
graduation program to be held at St. Thomas Church so that the
Council can see how the money is being put to work to help
citizens of Tukwila transition from welfare to work. Official
invitations will be mailed to the Council.
Jimma Borg, Highline West Seattle Mental Health Center, also
thanked the Council for supporting the Apple Parent Education
Committee of The Whole Meeting Minutes
November 12, 1996
Page 2
Citizen's Comments (Con't)
PUBLIC HEARING
Proposed increase in surface
water rates
Citizens comments
Program and the Self Esteem For Survivors of Violence Class.
She said the programs have a very positive impact on the residents
of Tukwila.
Councilmember Haggerton commented that there are plans for
considering the fire works ban now that the Advisory Ballots have
been tallied favoring Advisory Proposition #1 Banning Fireworks.
He has requested that Lucy Lauterbach schedule for discussion at a
Finance and Safety Committee.
Council President Carter opened the public hearing at 7:15 p.m.
Ron Cameron, City Engineer, explained that the surface water
utility came into official existence in January 1990. The revenues
that fund the surface water utility have remained the same for that
time period based on the City's rates of $30.00 per month per
single family equivalent ($1 million dollar per year). The 1990
operation and maintenance costs were $378,000. The 1997 budget
shows a need $723,000 for operation and maintenance. Costs have
gone up for basic service, leaving no seed money funds for grants,
or very little for CIP. The rates that have been developed with
Utility Committee equal to a 10% increase in 1997. That will carry
the rate from $30.00 per year to $33 for a single family equivalent.
In reviewing the 1995 City Engineers Association of Washington
survey of seventeen adjoining agencies. Tukwila rates are near the
lowest in comparison, and with the increased rate Tukwila is still
the lowest.
Al Pieper, 17083 53rd Avenue South, complemented City work
crews for the excellent job they are doing. However, he said
establishing a fee for surface water management is just another
way of milking taxes out of the public.
Ray Flaherty, Kitallis Management (formerly with
Cushman/Wakefield, and representing a number of businesses in
Tukwila, commented that he had received a voice mail around 4:45
p.m. this evening asking him to review the ordinance and attend
tonight's meeting. He stated that this was the first time he had
seen the ordinance. He requested that the Council provide
Committee of The Whole Meeting Minutes
November 12, 1996
Page 3
Public Hearing (Cont'd)
Public hearing closed
SPECIAL ISSUES
CDBG funding /eligibility
for sewers
Briefing on quasi judicial
procedures
Contract for City Attorney
services
additional time so that those interested can adequately review and
prepare appropriately.
Council President Carter closed the public hearing at 8:30 p.m.
It was the consensus of the Council to forward the ordinance for
proposed increase in surface water rates to the next Regular
Council for further discussion.
Withdrawn.
Jim Haney, Attorney, Ogden /Murphy/Wallace, gave a presentation
on Closed Record Appeals. He explained that a closed record
appeal is one in which no new evidence or testimony may be
presented. The parties are limited to the making of argument based
upon the record developed during the hearing on the proposal by
the body whose decision is being appealed. The ability to address
the Council is limited to the parties to the appeal. Haney stated
that this will be the first closed record appeal held by the Council.
He continued as he reviewed in detail and with finesse suggested
procedure for conducting closed record appeals; examples of
potential appearance of fairness violations; examples of
circumstances which are not potential appearance of fairness
violations; and curing an appearance of fairness violation.
It was the consensus of the Council to use these procedures at the
upcoming Regular Council Meeting during the scheduled public
hearing on the proposed Hotel at 4006 South 139th Street. The
Council also agreed to consider adopting the procedures by
resolution with amendments in the near future.
Council President Carter recommended that the contract be
forwarded back to the Finance and Safety Committee for additional
language. She also recommended that a new in -house City
Attorney be hired as soon as possible. Her proposal was to extend
the Kenyon contract through June of 1997. This would afford the
time necessary for personnel to finalize an executive search for the
attorney position and have the attorney position filled by July
1997. Carter said she feels there would be no incentive to proceed
1
Committee of The Whole Meeting Minutes
November 12, 1996
Page 4
City Attorney Contract with filling the position if this contract is extended from November
(Cont' d) 1, 1996 through December 31, 1997.
Budget review
Councilmember Mullet called attention to Section VIII Contract
Period where it states in part "Each party reserves the right to
terminate this contract upon thirty (30)) days written notice."
Mullet said since the 30 -day option clause is in the contract there
isn't a need to alter it. The City may proceed in its search to fill
the position and if someone else is selected, we would only have to
give the current firm a 30 -day notice; on the other hand, if the
Kenyon Firm is selected, we would not have to re- negotiate a
contract.
After a brief discussion, Duffie, Mullet, Haggerton and Linder
were in favor of continuing the contract as submitted for the
fourteen months because the 30 -day termination clause is enough
time to work with whatever decision is made. Hernandez, Carter,
and Ekberg voted against the contract as submitted.
Ekberg suggested that language be added to the contract that will
properly address compliance to the City's Code of Ethics policy.
Carter suggested the contract be amended to show hours of service
that will be rendered per week/month, etc.
It was the consensus of the Council to forward the Contract with
amendments for City Attorney services to a Regular Council
meeting.
The Council continued review and discussion of the Proposed 1997
Budget. Alan Doerschel, Finance Director, commented that the
sales tax had gone down due in part to the loss of the research and
development tax of one of the City's major manufacturers. The
City had been gaining in the neighborhood of $4 to 5 hundred
thousand dollars per year in tax revenue. Alan says the property
tax assessed valuation has also gone down again, however, not as
dramatically as last year's. This will result in a loss of property tax
revenue. On the positive side there's a about a $2 or 3 hundred
thousand dollars balance in the capitals; there's a major settlement
with a large manufacturer that will exceed over $500,000 dollars in
lump sum sales tax that will be awarded to us in November. These
will help compensate for the 1997 shortfall. We also have some
adjustments the Department of Revenue missed totaling $155,000
Committee of The Whole Meeting Minutes
November 12, 1996
Page 5
Budget review (Cont'd)
that will be added to our base in November this year. We will
submit two grants in 1997. One of them is a $48,000 dollar grant
for the Police Department for some systems work. We also stand
to receive the grant to help pay for the four police officers -the
COPS FAST II Grant of $300,000 -which will be placed into the
1997 budget and distributed in increments of $100,000 each year
through 1999. He said we won't see an impact to the budget until
1999 and afterwards. Doerschel said next year during the budget
review and the joint retreat, long term projections of the impacts of
these recent changes in taxes and the recent trends will be
addressed. Doerschel said he will present a full status report to the
Council next Monday night.
REPORTS Mayor Rants reported that the Suburban Cities' meeting will be
held in Tukwila tomorrow night.
Councilmember Hernandez reported that she had attended the
Equity Task Force meeting and a proposal for name change was
discussed. The name being proposed is The Equity and Diversity
Commission of Tukwila. The proposed Mission Statement is `By
Promoting Education And Understanding That Accepts.
Appreciates And Celebrates Our Diversity. We Will Strive To
Eliminate Prejudice And Discrimination In The Tukwila
Community." Hernandez said she will bring this issue back to the
Council after Dr. Silver, School Superintendent, review with the
School Board.
Council President Carter reported that she had attended ACC last
week and the process is ongoing. She said they will be hiring a
replacement for Chester Beattie very soon.
Councilmember Ekberg explained that video clips can be taken
from a camera and loaded to an internet site. If this was done to
the Cameras on Hwy 99, the Police Department would have ready
access to what's going on on the highway via internet without
having to run fiber optic cable to hookup.
Committee of The Whole Meeting Minutes
November 12, 1996
Page 6
Reports (Cont'd)
Councilmember Linder reported she had attended the Government
Affairs meeting and DOT gave a presentation on Hwy 99. Ron
Cameron was also in attendance and expressed that he was not
pleased with the way Hwy 99 was depicted in the visuals. DOT
will revamp, return and review at a future meeting.
ADJOURNMENT MOVED BY DUFFIE, SECONDED BY MULLET, TO
10:30 P.M. ADJOURN THE MEETING. MOTION CARRIED.
Pam•Carter, Council! President
Celia Square, ID' ty City Clerk