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HomeMy WebLinkAbout1974-12-02 Regular MinutesDecember 2, 1974 TUKWILA CITY COUNCIL 7:00 P.M. REGULAR MEETING FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS AND AWARDS So. 180th St. Sanitary Sewer Interceptor PUBLIC HEARING 1975 Annual Budget M I N U T E S 43 Tukwila City Hall Council Chambers Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MINUTES OF THE NOVEMBER 18, 1974 REGULAR MEETING BE APPROVED AS PUBLISHED. CARRIED. MOVED BY STERLING, SECONDED BY SAUL, THAT THE MINUTES OF THE NOVEMBER 21, 1974 SPECIAL MEETING BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT THE MINUTES OF THE NOVEMBER 25, 1974 COMMITTEE OF THE WHOLE MEET- ING BE APPROVED AS PUBLISHED. CARRIED, WITH HARRIS, SAUL AND JOHANSON VOTING NO. MOVED BY TRAYNOR TO HOLD DECEMBER BILLING FOR ADVANCE PAYMENT FOR LEGAL SERVICES FOR THE CITY ATTORNEY.* Councilman Traynor explained the month of December has not yet passed and this bill should be considered at the end of the month. City Clerk Shirlee Kinney explained that the bill is being submitted now to avoid paying a December expense out of 1975 funds. *MOTION WITHDRAWN. Councilman Sterling questioned Voucher #4398 for payment of 6 flashlights at $150 for the Police Department. MOVED BY STERLING, SECOND- ED BY TRAYNOR, TO HOLD VOUCHER #4398 UNTIL THE DECEM- BER 16, 1974 REGULAR MEETING. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED, WITH DAVIS VOTING NO. Vouchers #4372 to #4450 11,094.04 853.84 7.55 4,803.00 16,094.79 3,536.25 7,177.35 239.35 Current Fund #4372 #4415 Park Fund #4416 #4424 Emer. Empl. #4425 Street Fund #4426 #4437 Arterial Streets #4438 Fed. Rev. Shar. #4439 Water Fund #4440 #4445 Sewer Fund #4446 #4450 LID #22 LID #26 Total Rev. #22 $3,672.16 Cash #28 3,672.16 Rev. #1 $185,000.00 Cash #1 185,000.00 43,806.17 Councilman Gardner, Chairman of Public Works Committee, read a letter from Steve Hall, Public Works Director, dated December 2, 1974 recommending the award to Tri- State Construction for Alternate #2 at $61,050 plus tax contingent upon approval of funding from the De- partment of Ecology and Environmental Pollution Agency. MOVED BY GARDNER, SECONDED BY STERLING, TO CONCUR WITH THE PUBLIC WORKS DIRECTOR'S RECOMMENDATION TO AWARD THE BID FOR SO. 180TH STREET SANITARY SEWER INTERCEP- TOR TO TRI -STATE CONST. FOR ALTERNATE #2 CONTINGENT ON FUNDING FROM E.P.A. AND D.O.E. CARRIED. MOVED BY JOHANSON, SECONDED BY TRAYNOR, TO REORDER AGENDA TO CONSIDER ALL OTHER MATTERS BEFORE THE COUNCIL PRIOR TO THE PUBLIC HEARING. CARRIED. TUKWILA CITY COUNCIL MEETING December 2, 1974 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Letter: Mrs. Helen Poeshel re: Opening Council meetings with prayer City Clerk's memo re: Transfer of funds in Council Budget Claim for Damages: Carlina Wheeler STANDING COMMITTEE REPORTS Public Works Committee: Councilman Sterling recommended this item be discussed Reso. designating when the resolution, Item ll.a., is considered later S.T.R. as consul- in the Agenda. City Clerk Shirlee Kinney stated the tants on "S" Line reason this item appears here is because at the last Bridge Project meeting, the Council referred the proposed resolution to the Public Works Committee to study and report out tonight. Councilman Sterling stated the Committee has not had an opportunity to meet on that and would pro- bably concur with Steve Hall's recommendation. The item will be considered with Item ll.a. SECOND READING OF ORDINANCES Proposed ordinance Gambling Ord. #901, Transferring funds for signalization of "S" Line Bridge 94/4/ Councilman Traynor read the letter from Mrs. Poeshel requesting that the Council meetings be opened with prayer. Mayor Todd stated he felt this was a good idea but that some might feel there should be a divi- sion of church and state. Councilwoman Davis stated this is a very nice thought, but it might not follow the thought of others with other beliefs. If we feel we need guidance, then each of us should pray before we come to the meeting. Councilman Johanson stated he would hesitate to offer a prayer asking for guid- ance in his own way, that he preferred to do this in his own way and in his own time. Councilwoman Harris asked for audience comments. Mrs. Rena Hollo- way stated she is a Taoist and did not agree this is a good idea. Mrs. Phyllis Pesicka stated she felt we have the advantage in our Country that there is a separation of church and state. Mrs. Eleanor McLester stated, in her husband's words, "each in his own words and in his own way a moment of silent prayer before the meeting." MOVED BY HARRIS, SECONDED BY STERLING, TO DELAY THIS ITEM TO ITEM 10.f. FOR CONSIDERATION. CARRIED. Attorney Parker recommended this claim be referred to the City's insurance carrier and direct the City Clerk to inform the claimant's attorney of the Coun- cil's actions. MOVED BY TRAYNOR, SECONDED BY GARDNER, THAT THE CLAIM BE DENIED.* Councilman Sterling stated this claim should not be denied but rather should be referred to the insurance carrier. *MOTION FAILED. MOVED BY TRAYNOR, SECONDED BY STERLING, TO REFER THE CLAIM FOR DAMAGES OF CARLINA WHEELER TO THE CITY'S INSURANCE CARRIER. CARRIED. Councilman Johanson stated the ordinance on gambling is not yet ready to come out of committee. Mayor Todd stated he would appreciate a report from the committee because we should know something before we pass a Budget allowing a certain number of men in the Police Department. Councilman Johanson stated that all of the information the Council has has not been finalized or even reviewed thoroughly yet. MOVED BY STERLING, SECONDED BY DAVIS, TO STRIKE ITEM 9.a. FROM THE AGENDA. CARRIED. MOVED BY STERLING, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ. CARRED. Attorney Parker read pro- posed ordinance transferring funds from the Urban Arterial Street Fund to the City Street Fund to pay a portion of the cost of signalization of the "S" Line Bridge Project. MOVED BY STERLING, SECONDED BY GARDNER, THAT ORD. #901 BE ADOPTED AS READ. CARRIED. TUKWILA CITY COUNCIL MEETING December 2, 1974 Page 3 FIRST READING OF ORDINANCES Proposed ordinance Amending TMC 2.52.040 re: Annual leave accrual Proposed ordinance Accepting gift from Bon Marche Proposed ordinance Amending Ord. #891 (LID #19 final assessment roll amount) Proposed ordinance MOVED BY JOHANSON, SECONDED BY STERLING, THAT PROPOSED Appropriating excess ORDINANCE BE READ. CARRIED. Attorney Parker read sales tax revenue in proposed ordinance appropriating excess sales tax 1974 to Land Acquisi- revenue to be received in 1974 to the Land Acquisi- tion, Building and tion, Building and Development Fund and amending Development Fund Budget Ordinance No. 830. amending Budget Ord. #830 Proposed ordinance Appropriating cash balances to various funds amending Budget Ord. #830 Proposed ordinance Transferring monies between funds E closing out certain funds due to com- pletion of fund purpose Proposed ordinance Prescribing powers E duties of Tukwila Park Commission RESOLUTIONS Reso. #454, Designating Stevens, Thompson E Runyan as consulting engineers on "S" Line Bridge Project MOVED BY HARRIS, SECONDED BY DAVIS, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance amending Tukwila Muni- cipal Code Section 2.52.040, Paragraph (C) by title only. MOVED BY DAVIS, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance accepting a gift of a color tele- vision set to the Fire Department by the Bon Marche Distribution Center. MOVED BY GARDNER, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance amending Ordinance No. 891. Councilwoman Harris stated she felt the subject of the ordinance should be more clearly stated in its title and perhaps the Council could take care of this in its next work meeting. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance amending Budget Ordinance No. 830 by appropriating cash balances to various funds. Councilman Sterling questioned the purpose of the ordinance. City Clerk Shirlee Kinney replied that these amounts of monies are in the Treasurer's records as cash and are not yet reflected in funds in the Budget. Councilman Traynor read a memo to him from City Clerk Shirlee Kinney dated November 15, 1974 stating that the Council's Office Supplies account is overexpended and recommending transferring funds to cover the amount from another Council fund. Councilman Traynor stated one of the transfers included in this proposed ordinance concerns this memo item. MOVED BY STERLING, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance transferring money in various funds thereby closing out the funds following completion of the projects for which they were created. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance prescribing the powers and duties of the Tukwila Park Commission by title only. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT PROPOSED ORDINANCE BE REFERRED TO THE COMMUNITY AFFAIRS COMMITTEE. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution designating Stevens, Thompson ET Runyan, Inc., as consulting engineers on the project for signalization of the South end of the "S" Line Bridge Project. MOVED BY HARRIS, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE APPROVED AS READ.* Councilman Sterling questioned "subject to terms Mayor Todd stated when the contract comes in, it will Highline water district intertie Water district 75 intertie Water district #75 intertie TUKWILA CITY COUNCIL MEETING December 2, 1974 Page 4 RESOLUTIONS Cont. Reso. #454 Cont. Proposed resolution Establishing Council Committee meeting times, dates E1 places MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Building Dept. report Planning Dept. personnel Water District #75 Intertie Reading of ordinances RECESS 8:05 P.M. 8:15 P.M. Employee letter re: Group Health benefits 1 be approved and signed with the approval of the City Council at that time. *CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution fixing the time and place for meetings of the Public Safety Committee, Community Affairs Committee, Public Works Committee and Finance and Personnel Committee. MOVED BY DAVIS, SECONDED BY STERLING, THAT THE WORDS "AND LAST" BE DELETED FROM THE PARAGRAPH REGARDING THE PUBLIC SAFETY COMMITTEE. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE ADOPTED AS READ.* Councilwoman Harris stated the Council Procedures calls for two readings of resolutions. Mayor Todd read the November Building Report submitted by Barney Ruppert, Building Director, which indicated a total year -to -date permit business of $9,616,938.00. Mayor Todd announced the resignation of Gary Kucinski, Planning Director effective December 13, 1974 and read the letter of resignation. Mayor Todd then announced the employment of a new Associate Planner, Fred Satterstrom. The vacant position of Planning Director will be advertised and filled as soon as possible. Mayor Todd stated the grant funding through the U.S. Department of Commerce and Economic Development was denied for the intertie project between Mario Segale and Water District #75. Mrs. Phyllis Pesicka asked what the procedure is on reading ordinances what determines whether an ordinance will be read by title or in full. Council- man Sterling replied with the first readings, it is the length of the ordinance more than anything else. Councilwoman Harris added that in second reading, the full ordinance will be read. Councilwoman Davis stat- ed at any time the audience would like to hear an ordinance read in full, she hoped they would request it MOVED BY DAVIS, SECONDED BY HARRIS, TO RECESS TEN MINUTES. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, TO READ THE LETTER. CARRIED. Mayor Todd read a letter signed by employees covered by Group Health Insurance re- questing additional review of the contraceptive/ sterilization coverages. Mayor Todd explained the benefits for employees and dependents. Councilman Traynor stated most of the signatures included are of those employees who are covered by union contracts and if they feel this coverage is necessary, the Council should discuss it at contract renewal time. The City will be paying for half of the premium for this coverage. Mayor Todd stated the laws have changed and the City is now obligated to its female employees especially those who are pregnant. Mayor Todd asked for a response from the Council in order that he may answer the employees. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE REQUEST FOR RECONSIDER- ATION BE DENIED. CARRIED. Mrs. Pat Walker stated the union contracts were settled this year before the proposal from Group Health was received. The Group TUKWILA CITY COUNCIL MEETING December 2, 1974 Page 6 PUBLIC HEARING Cont. Municipal Court Budget Mayor's Budget 9 elf Councilman Johanson reviewed the Municipal Court Budget. Councilwoman Davis complimented Court Admini- strator Kathy Johnston for her excellent budget request. Councilwoman Harris reviewed Mayor Todd's budget with the recommendation to leave the position part time with the same salary as 1974. City Clerk Shirlee Kinney explained the difference in fringe benefits that apply to part -time persons vs. full time employees. Mayor Todd stated he felt grossly mistreated that the City Council did not offer an opportunity to explain his budget request to them at all during the meetings held last week. He stated for the three years he has been Mayor, he has not put in for all that he can account for for reimbursement from the two expense accounts allowed for the Mayor's position, except for about $20. It is time for this Council to consider the Mayor's position rather than the Mayor in every case. Councilman Sterling stated he wanted to make clear that these positions were regarded as positions and not personalities. There are a lot of employees involved here and we might know some more than we know others and we cannot review these budgets according to personalities. We have to go strictly by the position. There are many factors involved population, area of the City, number of City employees, assessed valuation, etc. Mayor Todd asked Councilman Sterling if he remembered the Council offering a former Mayor $12,000 a year to be a full -time Mayor of Tukwila. Mr. George Hill stated if the Council is going to retain the Mayor as part -time, then will there be a budget set up for a city supervisory. Councilman Sterling replied no, not at this time. Mr. Hill stated then because Mr. Todd stated he would serve as a full -time Mayor we will continue to ride that good horse to death. We're going to make him work those 40 hours a week because he felt the City de- serves a full -time administrator and Mr. Hill stated he agreed. Mr. Hill stated a truly part -time Mayor as we have had in the past was not able to attend all the necessary meetings and a lot of things for the City did not work out because we could not offer that kind of representation. Regarding the City's area or population, Mr. Hill stated there is no place in this State you can go that is like Tukwila for comparison. We have an assessed valuation of over $100 million and a population of 3,400. With addition of employees and shoppers in the City, we have a daytime population of between 30,000 and 50,000 to consider. We conduct as much business for our half -cent sales tax revenue as Kent or Renton Renton's mayor is full -time and Kent's mayor is part time at $1,200 per month with a city supervisor who is full -time. If we do not have a full -time mayor then we better get some help for him because if we do not, we are taking advantage of him. Mrs. Eleanor McLester stated the Mayor was offered a full -time assistant, but turned him down, saying not while you were in office would you have someone you were res- ponsible for and making more money than you. If you run for elective office and promise to be a full -time Mayor at a part -time salary, you should serve out at least the term you were elected for. Next time around, when it is open for everyone and everyone can run on the basis of a full -time job with a full -time salary, she would agree that it is time for a full time administrator for this City. Until that time, perhaps there should be an assistant hired for the remainder of this term. TUKWILA CITY COUNCIL MEETING December 2, 1974 Page 7 PUBLIC HEARING Cont. Mayor's Budget Cont. v' Mayor Todd agreed with Mrs. McLester, but stated that the 1975 Budget would adopt the criteria for what the next occupant of the Mayor's office will be paid, because the next budget falls beyond election time. Mrs. McLester suggested a special ordinance toward the end of next year amending the budget. Councilman Johanson stated the Council can enact such an ordin- ance at any point next year prior to the election. Mayor Todd stated this is not the first time he has asked the Council for full -time designation and last spring he had been told to ask again at budget time. Mr. Hill stated he felt this type of an ordinance would have to be adopted before the beginning filing date for elective office because the filing fee will be different for part -time than full -time and the candidates will not know what type of position they would be running for. He stated this town has to start growing up someday. Councilwoman Davis stated this was a problem recognized by another community and the Council proposes as part of its goals to consider amendments next year. Mrs. Phyllis Pesicka stated the Mayor promised to be available full -time but he did not promise to stick to $400. The wages are too low for the Mayor just as they are too low for the Council you people work too hard for the money. Councilman Traynor stated the ordinance would have to be passed 90 days prior to the filing date in order to make changes in the Mayor's position. Mr. Rudy Regel asked what procedures are necessary to establish a City Manager type of government. Mayor Todd stated it is a proposition on the ballot to be decided by the voters. Mr. Herb Lamb asked what qualifications will the City have in a few months that it does not have now in order to vote on a full time Mayor's salary. Councilman Traynor stated he does not anticipate any kind of change between now and next spring, but the point is that the change does not have to be made with this budget it can be made at a later date by ordinance. Mr. Lamb asked what objectives do we want the City to reach before we have the proper criteria for a full -time Mayor; in other words, what are we waiting for? Councilman Gardner stated he hoped to have an administrative assistant full -time. Councilman Gardner stated he thought it would be best to have a part -time Mayor and an administrative assistant who is trained and educated to handle the administration and who would keep the continuity from one Mayor's administration to the next. He listed some cities who have part time mayors. There must be a reason for part -time mayors. Mr. Lamb stated he is asking what are the reasons for a full -time mayor and when and under what circumstances does the City Council expect to reach that point. Councilman Sterling stated he person- ally feels it is time for a city manager. Mr. Bill Moore asked for some of the reasons which may have been discussed in committee for not considering a full -time position at this time. Councilman Sterling stated he feels the City is of the size now where we need a professional City manager to run the City and be responsible to the Council and the citizens. Mayor Todd asked what members of the Council were present when the Mayor's budget was discussed in com- mittee, why was he not invited to attend and were there minutes taken of the meeting. Councilman Sterl- ing stated the only meeting he recalled where the Mayor's budget was discussed was the November 25 Committee of the Whole meeting. Mayor Todd stated then it is just by chance that Councilwoman Harris TUKWILA CITY COUNCIL MEETING December 2, 1974 Page 8 PUBLIC HEARING Cont. Mayor's budget Cont. read a decision to make the salary unchanged from the present salary of $400 per month. Are you saying this is not a committee decision? Councilman Sterling stated his reaction to the Mayor's request every year that we are all elected to these positions and knew what we were getting into at the time. Mayor Todd stated that is true and that he did promise to work full -time because he felt a full -time administrator is needed in this City and has been needed for a long time. Mayor Todd asked what is meant by someone the Council refers to as a "professional does this mean someone that the Council can control? Councilman Sterling stated the Council wants someone schooled in city government, that does the same thing as city managers for Tacoma, Bellevue, etc. Mayor Todd stated a city manager works for the city council. Mrs. Rena Holloway stated she felt there has been a great use of transient population in the figures and asked if this was being done in the figures from other cities or are they using the homeowners and tax- payers only. And are the industries and Southcenter Corporation or Allied Stores people included too? Mayor Todd stated the transient population does accrue a responsibility to the administration and to the taxpayers, second to the responsibility of admin- istration to the taxpayers. The taxpayers of this City have increased in value from $60 million in 1972 to a value of $110 million today at 50o assessed valuation and the administrative responsibility is to the taxpayers as has been demonstrated. The taxpayers include all of us who live here and /or who pay taxes in Tukwila some may not live in the City of Tuk- wila. The accomplishments of this administration have not been limited to a development of the tax base, but do include acquiring over $1 million of Federal grants, for example. These accomplishments have occured not because of him, Mayor Todd stated, but because of his willingness and ability to perform and in spite of some of the positions of the Council. He stated he has tried for three years to cooperate with the City Council and we have gotten things done in spite of certain personal animosities. The fact is that without someone administratively responsible on a full -time basis, this City would not have gone where it has gone and no one can deny that this City has not made a large quantity of progress in the last three years. Councilwoman Harris stated the proceed- ings are getting bogged down and suggested the Table restrain itself to hearing comments from the audience and added that this public hearing is for the citi- zens and taxpayers of this City. She stated in regard to the Mayor's questions regarding the members of the Council who attended the budget work meetings that the State law required for cities of under 300,000 population budget meetings either in committees or as an entire Council to determine the proposed budget for the final public hearing. She stated it was a recommendation and not a decision to keep the Mayor's salary the same at $400 per month. Mayor Todd asked which committee considered the Mayor's budget. Councilwoman Harris stated it was considered by the Committee of the Whole at a meeting held Monday, November 25 and Mayor Todd was present. When we met as a Committee of the Whole this past week to for- mulate Council recommendations, we did discuss the Mayor's budget and all departmental budgets and if we did encounter a problem, the department represen- tative was requested to come in and other staff mem- bers did drop in on their own to discuss things with us. Mayor Todd stated then the Council had no ques- tions of him or of his budget. Councilwoman Harris TUKWILA CITY COUNCIL MEETING December 2, 1974 Page 9 PUBLIC HEARING Cont. Mayor's budget Cont. Board of Adjustment budget replied no. Mayor Todd asked if minutes were taken of the Committee of the Whole meeting. Councilwoman Harris indicated she had them in her file. Mayor Todd requested copies for the file and the public. Mr. Lee Alsager referred to the benefits schedule and asked if the Mayor is covered by State industrial insurance. Mayor Todd replied as a part -time posi- tion he was not included by any benefits other than F.I.C.A. Mr. Alsager stated that would seem to be an extreme danger financially to the City. Mayor Todd agreed that it places the City in jeopardy legally and also the person who occupies the office of Mayor part -time. Councilman Johanson asked why would the Mayor be placed in any dangerous position when members of the staff are available to assess any danger in building structures, etc. He stated members of the Council also travel about the City to inspect projects, etc. and are not covered by insurance either. Mr. Alsager stated he felt all part -time positions should be covered by State industrial insurance. Councilwoman Davis reviewed the budget stating that the amended figures are not final and that the Coun- cil wants to listen to the public. Mr. Rudy Regel asked if the Council's legal services are not legal, why are they legal and provided for here? Mayor Todd stated in his opinion they are not legal here and that is why there is no allocation for them in the Mayor's column. Mrs. Phyllis Pesicka asked what type of fees would be covered. Mayor Todd replied it is provided for planning and zoning technical legal fees. Councilman Sterling stated this is a brand new board and they will be asked to make a lot of decisions where legal matters are involved. The Council feels the board will need all the help it can get and that $2,500 is justified to take care of special legal problems. Mrs. Pesicka, as a member of the Board of Adjustment, stated she felt the board could go to the City Attorney for help. Coun- cilman Sterling agreed, but stated if the board is not able to get the right answer from the City Attor- ney, it would have the availability to go anywhere that is necessary to get the right answer. Mayor Todd stated he considered this as a misappropriation of $2,500 and that it should be considered very seriously because he felt it was an illegal expendi- ture of public funds. Councilwoman Davis stated when she served as a member of the Planning Commis- sion, several legal problems did come up in the areas of planning and zoning just as they will to the Board of Adjustment. She felt the board should have funds to seek out legal aid in this field. Councilwoman Harris agreed, stating there should be this type of counsel present at the meetings to answer questions on the spot. Land use laws are very complicated and technical and the ordinary citizens have little hope of keeping up to date with knowledge enough to deal with it. Mayor Todd suggested the amount for these legal fees should be placed in the City Attorney's budget for him to provide expert legal advice when necessary. Mr. Herb Lamb stated in some catagories of the budget, professional services were left by the Mayor and some were not. He stated he judged professional services to mean engineering consultants and other such services. If the expense is intended to be for legal services, perhaps it would be better to categorize it apart as such. TUKWILA CITY COUNCIL MEETING December 2, 1974 Page 10 PUBLIC HEARING Cont. Civil Service Commission budget RECESS 10:05 P.M. 10:15 P.M. Planning Commission budget Park Board budget City Clerk City Treasurer budgets City Attorney's budget 9sa Councilman Sterling reviewed the Civil Service Commis- sion budget. Mayor Todd stated the inclusion of a secretary is a requirement of the law and not only a request of the Commission. Mrs. Maxine Anderson stated last year she had used her own supplies in doing the work for the Civil Service Commission and asked that $100 be allocated for supplies next year for use by the secretary. The Council questioned the position of secretary as being professional services. City Clerk Shirlee Kinney recommended to the Council that a personnel category be established in the payroll since this person will be included in payroll tax deductions, etc. Mayor Todd stated this is the appropriate time for the Council to consider changing the position and add the money necessary to cover payroll tax deductions. Councilwoman Harris stated at the time the Council was discussing the Civil Service budget, Councilman Johanson did call Mrs. Anderson about this certain question. Councilwoman Harris stated her impression of this position is that it is a combination secretary and examiner. Coun- cilwoman Harris stated she felt the exams were not often enough to establish a payroll position in any status. Mrs. Anderson explained the process of ad- ministrating exams. Discussion followed on the posi- tion which was offered last year and that there was no one available to fill it at that time. Mrs. Ander- son has done the job, Mayor Todd stated, for a number of years and had enough civic pride to take it over again last year without compensation. He stated he felt Mrs. Anderson should be paid for 1974 services to the Commission. Mrs. Anderson stated the ad for this position was placed in -house and there was no response to it. She stated she has done this job without pay of her own choosing and will continue to do so if the position is not filled for 1975. Councilman Sterling continued with the budget review. MOVED BY DAVIS, SECONDED BY TRAYNOR, TO RECESS FOR TEN MINUTES. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. Councilman Saul reviewed the Planning Commission budget. Councilwoman Davis reviewed the Park Board budget. Councilwoman Harris stated the Committee of the Whole has not yet had the opportunity to review these bud- gets, although they were reviewed briefly along with the Mayor's budget and the City Attorney's budget on November 25. The Council intends to hold conferences with the City Clerk and City Treasurer on December 3, 1974 at 4:30 P.M. in the Council Chambers to discuss budget requests. Mr. Ed Bauch stated he urged the public to attend the Council's committee meetings and listen to the budget deliberations. The Council come here and spend their own time at these meetings going through the budget. Mayor Todd stated that he is available to the public at least during 8 hours of the day and invited anyone who has questions to see him. Councilman Johanson volunteered to review the City Attorney's budget, stating at this time he would re- quest of the Council to request the Mayor to replace the City Attorney. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT THE CITY COUNCIL REQUEST OF MAYOR TODD TUKWILA CITY COUNCIL MEETING December 2, 1974 Page 11 PUBLIC HEARING Cont. City Attorney's budget Cont. RECESS 10:40 P.M. 10:45 P.M. TO REPLACE THE CITY ATTORNEY.* Mayor Todd asked if this is the same type of request that was made before that he and the Council could get along better if he would fire the City Attorney. Mayor Todd stated his reponse then as it is now is "no" Councilman Traynor asked if this removal applied to the time the Council is reviewing the City Attorney's budget or permanently. Councilman Johanson replied perma- nently. Mr. Herb Lamb, 28820 Beach Drive So., Redondo, stated we are in the middle of a public hearing and suggested that the Motion is out of order and the conduct of Council business in the midst of a public hearing is contrary to all procedures he is familiar with. Mayor Todd agreed that the Motion at this time is out of order, however it seems to be the will and pleasure of some Council Members to back such a move and it has been so stated to him previ- ously in a meeting at which time the position state- ment was also out of order. He stated he would not discharge the City Attorney. Councilman Johanson reviewed the budget with his recommendation to the Council to consider a reduction in the retainer fee to $100 per month, $1,200 per year. He continued reviewing the budget items. MOVED BY STERLING, SECONDED BY SAUL, TO REMOVE THE PREVIOUS MOTION AND SECOND AND ADHERE TO THE BUDGET. Mayor Todd stated he did not believe that to be correct, that only a motion to amend an original motion is proper. Mr. Ed Bauch stated Parliamentary procedures allows a substitute motion. Mayor Todd stated the Chair did not recognize Mr. Bauch and that is also part of Parliamentary procedures. Councilman Sterling stated his intent was for the Council to follow budget public hearing procedures and not allow the vote, since there may be a question on that procedure. Mayor Todd stated it is the position of the Chair to accept the motion made by Councilman Sterling unless the Chair is overruled by the Council. SECOND AND MOTION WITHDRAWN. Councilman Johanson asked if dis- cussion is continued on the original motion. Mayor Todd replied yes, even though the motion may be con- sidered out of order, it does have a bearing on the position of City Attorney because if we do not have a City Attorney, there is no need for the budget. Councilman Johanson stated it is not intended to absolve the position of City Attorney but to replace the person filling that position currently. Council- man Saul stated a vote on the motion is fruitless because if we pay the City Attorney $100 per month, then you have accomplished what you have set out to do. Councilman Sterling stated Councilman Saul came right out and said what he did not think he would have to say. Mayor Todd stated after some research, it is his interpretation of the law that the City does not have the legal ability to reduce Mr. Parker's salary one cent. He stated he believed the City would lose a law suit if they reduce Mr. Parker's salary and he presumed this will result in a law suit. Councilwoman Harris stated the Council went through an hour's training in Parliamentary procedures with a registered Parliamentarian and it was her under standing that the motions made as stated by the Chair now belong to the Table and the only way they can be removed from the Table is by Council vote. She then proposed the Council consider Councilman Sterling's motion. Councilman Sterling stated he had withdrawn his motion. MOVED BY JOHANSON, SECONDED BY TRAYNOR, TO RECESS FIVE MINUTES IN ORDER THAT THE MAYOR MAY CONFER WITH ATTORNEY PARKER. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. TUKWILA CITY COUNCIL MEETING December 2, 1974 Page 12 PUBLIC HEARING Cont. City Attorney's budget Cont. gs4/ Mayor Todd announced that in soliciting the position that Mr. Parker might take in this instance Mr. Parker has refused to resign and that he would stand by his original position that he would not discharge the City Attorney. Councilman Traynor stated as President of the Council that the Council would appreciate doing away with the arguing at the Table between the Admin- istration and the legislative body. We are here tonight to hear the people and discuss the budget. Mayor Todd agreed. Mr. George Hill stated he would like to be made aware of the reasons the Council is cutting the City Attorney's salary, the reasons they feel he is not fulfilling his job. He stated he has always felt the only way to get an opinion that is really binding is to go to court. He stated he knows of only one case lost by Mr. Parker in all the time he has served the City and that case probably could not have been won by a Supreme Court Justice. Council- man Johanson replied the record is clear that there have been many requests over the past years and there have been some past instances that he has not respond- ed to the City's needs outside of Council. There are several reasons and Councilman Johanson stated he felt justified in making his request. He stated he felt the Council does have the perogative of renewing or not renewing a contract and of adjusting wages. Mr. Herb Lamb stated he felt the Council was to be discussing the salary of the City Attorney and not the salary of Mr. Wayne Parker. Mr. Lamb stated in keep- ing with the remarks made earlier that no personali- ties were entered into this, he hoped the Council would face up to fact of budgeting the department and forget individuals. Councilman Sterling stated when he mentioned personalities, he was talking about employees' wages and the City Attorney is an employee. Councilman Sterling stated he would rescind what he has said about personalities when referring to the City Attorney because we all know there is a personal- ity bearing in this one position. He stated as far as the other City employees are concerned, he has not let personalities interfere with the position being discussed. Councilwoman Davis stated she felt it was not personality but it is input, his performance was on the line in her opinion. Councilman Sterling agreed, stating that it is not totally personality involved, but he cannot say that personality does not enter into this. Councilman Traynor stated he was not part of the recent recall attempt either way and so perhaps he does not have the deep -down feelings that others may have. He stated he does feel that he does not have the confidence that he feels he should have in the City Attorney although he does res- pect Wayne Parker as an attorney. Councilman Traynor stated he has made these comments as a City Council Member at this Table representing the City. Council- woman Harris stated she shared Councilman Traynor's feelings regarding confidence in the advice rendered to the Mayor, the City Council and the staff. This is a very critical position in the City and many de- cisions are made as a result of any City Attorney's advice. She stated she has looked at this judging from performance over a three -year period and the lack of an ideal attorney client relationship. She stated an attorney and client must trust each other, they must have confidence and they must get along. She stated in this case that the majority of the client at this Table have indicated a lack of confidence and she felt that the Attorney should separate the assoc- iation with the City under these circumstances and she felt it would be an ethical thing for him to do. TUKWILA CITY COUNCIL MEETING December 2, 1974 Page 13 PUBLIC HEARING Cont. City Attorney's budget Cont. RECESS PUBLIC HEARING 11:05 P.M. Mr. Bill Moore stated he did not really feel that the public hearing on the budget is the place to discuss the kind of work Mr. Parker is doing. He stated if the Council has an issue with the City Attorney, they should take it up some other time and he felt the issue was an important one. He stated this discuss- ion has no place in the budget discussion because if the Council reduces the budget and gets away with it, they will find later they will need an attorney and will have to adjust the budget. It seems ridiculous to reduce the budget knowing that you will have to adjust it again upward for the sole purpose of cir- cumventing your original duty and that is to handle the problem directly. If the Council has a contro- versy with the Mayor and there is just cause for the removal of the present City Attorney from office then approach it that way and not through the budget. Councilwoman Harris thanked Mr. Moore for his comments and stated she agreed that this is embarrassing for Mr. Parker and the Council and the Mayor. However, the Council did analyze the situation in the frame Mr. Moore has just suggested and did approach the Mayor in an executive session with a very sincere attempt to resolve this problem. Mayor Todd refused to discuss it with us or allow us to go ahead with our reasons. So, unfortunately this is the only resort we had and we honestly tried to do it in a gracious manner. Councilwoman Harris stated she was really sorry that this is the way it has turned out. Mr. Herb Lamb stated he wondered if performance re- views are planned for the other City employees during the public hearing and if so, do these employees have knowledge about it before hand. He stated he thought Tukwila was playing in the little league tonight and he was appalled that this subject has come up in the budget hearing. If the Council reduces the City Attorney's salary whoever he may be to $100 per month, then you are even beneath the little league, you are way in the bush leagues. Attorney Parker stated all of this has certainly been upsetting to him. And while he is not about to quit, he has been a little under the weather for the past week and this has really been a blow to him tonight. He stated though that he rather anticipated this and so as a little special treat for himself, he has a 2 -ib. porterhouse steak out in his car and he requested to be excused to go home and see if he could not compose himself. Mayor Todd stated he could understand how Attorney Parker could be upset, that he was also upset, and he excused Attorney Parker from the meeting at 11:00 P.M. MOVED BY JOHANSON, SECONDED BY DAVIS, THAT THE PUBLIC HEARING BE RECESSED TO TUESDAY, DECEMBER 3, 1974, AT 7:00 P.M. IN THE COUNCIL CHAMBERS TO CONTINUE THE PUBLIC HEARING ON THE PROPOSED 1975 BUDGET. CARRIED.