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HomeMy WebLinkAbout1976-03-22 Committee of the Whole MinutesMarch 22, 1976 TUKWILA CITY COUNCIL 7:30 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS DISCUSSION Vouchers #8020 #8021, City Attorney fees Tukwila City Hall Council Chambers COMMITTEE OF THE WHOLE MEETING M I N U T E S The meeting was called to order by Council President Hill at 7:36 P.M. GARDNER, TRAYNOR, HILL, SAUL, VAN DUSEN, MS. HARRIS. Council President Hill stated that Voucher #8020 in the amount of $7,551.82 and Voucher #8021 in the amount of $1,948 for attorney fees had been requested as an agenda item to be discussed at the Committee of the Whole Meeting. Councilman Van Dusen stated that he had looked at the Minutes of the previous Council meetings and he could not find a resolution or approval to spend the City money. He asked if there should not have been a resolution passed to authorize the expenditure of this amount of money for legal fees. Attorney Hard stated that a motion is the equivalent to a resolution it has the same weight. Councilman Van Dusen asked why there is a number designated for resolu- tions if they are the same as a motion. Attorney Hard replied the numbers are for record keeping purposes and motions can be numbered if it is desired. Councilman Van Dusen asked if the City Council contracts for services do they do it by motion or resolution and can that motion, resolution, or ordinance be retroactive. Attorney Hard said that it could. Councilman Van Dusen stated that before the vouchers are paid he would like to see the Council have an independent legal opinion on these two vouchers, particularly the one on the case of Davis vs. Todd. Attorney Hard said there were three appearances on this case that involved the legislative and the executive branches of the City. Councilman Van Dusen said that in this case the City pays for both sides as far as legal expense is involved. Attorney Hard said that is correct it was a dispute between the legislative and executive branches of the City and it was recognized as such. Council President Hill said if the City Council goes ahead and pays these bills and an auditor comes in and says there should have been a resolu- tion before City money can be spent, then there might be trouble. He added that if the City had legally incurred these expenses then the City Council should go ahead and pay them. He continued that he has a letter from the Mayor saying Attorney Hard was appointed City Attorney and it was ratified by the City Council and then he got another letter saying someone else was the City Attorney and it was never ratified. The letter also said that Mr. Fleming had appointed the Deputy City Attorney and he does not have that power. Councilman Van Dusen said that the City Ordinance says the Mayor shall appoint the City Attorney and it shall be ratified by the City Council. He added that it also says that the Mayor can appoint Deputy City Attorneys if it is necessary and they shall also be ratified by the City Council. He said that he was unable to read where it said that a law firm could be appointed as the City Attorney. Attorney Hard said that he thought it would be a good idea to consider the voucher question first and then come back to the problem of the City Attorney. Attorney Hard said that in June they represented the City Council in a 32 day trial and the Judge decided what the City Council had done was correct. Councilman Van Dusen said there was also an appeal pending on this deci- sion at present. Attorney Hard said that if the appeal decision reverses the original decision the law firm will repay the City any amount that has been paid to them on this case. Council President Hill said that in the event the ruling is overturned how would the law firm get paid. Attorney Hard said he felt sure it would not be reversed. Councilman Van Dusen asked when authorization was given for the law firm to represent the City Council. Councilwoman Harris said in the Minutes of the City Council Meeting held February 18, 1975, on page 5, it is reported that she made a motion that the law firm of LeSourd, Patten, Fleming and Hartung be retained by the City Council since they were unable to get legal help from the City Attorney. The motion was passed. She added that an Ad Hoc Committee composed of Councilwomen Davis and Harris and Councilman Sterling had been formed previously to consider the problem. Councilman Van Dusen stated that he noted one bill was from May 1 through December 1975 in the amount of $848. He stated that the Grievance Committee decision was given in June and he wondered why the expenses went back to May. Attorney Hard said that one group from the City Clerk's office had been together, Verna Aald, and Linda Kodama were separate cases. He added that Mrs. Aald's case was dropped and Miss Kodama's case was continued. Councilman Van Dusen asked if this one motion that was made covered all of these cases. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 22, 1976 Page 2 DISCUSSION Contd. Vouchers #8020 #8021, City Attorney fees Contd. Proposed resolution Agreement between City LeSourd, Patten, Fleming, Hartung Attorney Hard said that the City Council came to their law firm asking for their services. He said it was their opinion that the City Council did it properly. Councilman Saul stated that he had not personally liked to have to take the action that they did he did not like having to go out and hire another attorney and he had put a lot of thought into it, but at that time the Council had no other choice. Attorney Hard said that his firm had written off a lot of the hours that they had spent because they knew the bill was high. Discussion continued regarding the services that had been rendered by the law firm representing the City Council and Attorney Hard stated that on several things the Council had asked the law firm to do he had directed them to the City Attorney. Councilman Traynor said the City Council had incurred these bills periodically and Administration did not pay them so they have piled up. Mayor Bauch stated there were warrants drawn last year that were approved by the Council and they were not paid by Administration. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT VOUCHERS #8020 and #8021 BE ON THE AGENDA FOR THE CITY COUNCIL MEETING TO BE HELD APRIL 5, 1976. CARRIED. Council President Hill read a letter from Councilwoman Pesicka stating that since she would be out of town at the time of this meeting she would like to express her views on this subject that she felt that the Mayor should be able to relieve anyone that he had appointed of their duties. Mayor Bauch stated that this resolution had been referred to this meeting from the last City Council meeting. Council- man Van Dusen said he thought the City Attorney should not be a law firm, but should be an individual. Attorney Hard said that at the next City Council meeting it might be a good idea for the Mayor to state that Mr. Fleming should be City Attorney. Councilman Van Dusen said that if the law firm is the City Attorney why should the Mayor appoint a Deputy City Attorney? Councilwoman Harris said that the ordinance says the Mayor may appoint a Deputy City Attorney for special purposes if the need arises. She continued that the City has a law firm that has been appointed and confirmed by this City Council and they can handle any situation that may come up. Mayor Bauch stated that he would like to go through his correspondence on the subject of the City Attorney. He noted that on January 15, 1976 his letter of nomination stated the law firm of LeSourd, Patten, Fleming and Hartung was being employed and Mr. Larry Hard would be the City Attorney. This law firm was confirmed by the City Council. He continued that on January 27, 1976 he directed a memorandum to City Clerk Shirlee Kinney stating that the law firm would be the City Attorney, and Mr. Parker's services were discontinued on January 20, 1976. He said on January 27 he also wrote a letter to Council President Hill explaining the mix -up between the senior partner and junior partner in the law firm; he also directed correspondence to the City Council stating that the law firm was being retained as the City Attorney. Council President Hill stated that all he had asked for was to have the Mayor verify which was the City Attorney. He continued that the Council had accepted the original letter stating Mr. Larry Hard would be City Attorney. Council- woman Harris said that the motion at that time was to confirm the law firm and any attorney in that law firm could act as City Attorney. Councilman Van Dusen said that he thought a simple letter designating Mr. Fleming as City Attorney would be sufficient. Councilwoman Harris said her motion at the time the City Attorney was ratified was to desig- nate the law firm as City Attorney. She added that Mr. Larry Hard's name was not mentioned in the motion that was passed. Councilman Traynor stated that maybe the Council should just repeal the ordinance about the City Attorney and Deputy City Attorney. Attorney Hard said he though that would be the best way to handle the situation, but there should be an ordinance in its place. Attorney Fleming said his firm is receiving two retainer checks; they have already used 300 hours in the first two months. Council President Hill said that it is likely they would use more time in the first two or three months and maybe none at all the last part of the year. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THIS PROPOSED RESOLUTION FOR LEGAL SERVICES BE ON THE AGENDA FOR THE NEXT CITY COUNCIL MEETING TO BE HELD ON APRIL 5, 1976. CARRIED. Councilwoman Harris was excused from the meeting at 8:50 P.M. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 22, 1976 Page 3 DISCUSSION Contd. Proposed resolution Agreement between City RAYS for community services Formal Motion #76 -3, Declaring intent to adopt Residence Element of the Comprehen- sive Plan Proposed animal control ordinance Mayor Bauch said that the contract with RAYS will be submitted to his office during the week. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE ON THE AGENDA FOR THE APRIL 5, 1976 CITY COUNCIL MEETING. Mayor Bauch stated that $5,000 will be the retainer fee. RAYS will work with the courts and they will counsel at the rate of $20 an hour and the City will be billed by Case Number. He added that $9,000 was budgeted for this purpose. *CARRIED. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT FORMAL MOTION #76 -3 BE ON THE AGENDA FOR THE NEXT CITY COUNCIL MEETING ON APRIL 5, 1976. CARRIED. Mayor Bauch stated that if this ordinance is not passed the County may cancel the contract. He added that they want the same set of rules in the County as they have in the City so they will not have to worry about whether or not they are crossing the city boundaries. He said he had noted they had been busy on Sundays picking up dogs that were roaming about the streets. Council President Hill stated that the agreement was not too bad but he would like to know the interpretation of the phrase "running at large." Mrs. Terry Griffith, audience, said if the City adopts the proposed animal control ordinance, livestock would not be permitted in Tukwila. She felt this would not be desirable as most people living here likes the country atmosphere where they can have a pony, chickens, etc. She said that King County controls not only dogs and cats but all animals. Mayor Bauch said the proposed animal control ordinance had been prepared by Attorney Hard and it was his intent that it be a start to work from and could be changed. The other alternative to King County control would be to set up the City's own animal control or let the animals roam at large. Councilman Van Dusen said that with the increase in crime people are using dogs as burglar alarms. Mr. Don Hovee, audience, said that the way King County is enforcing the law is not actually effective. He said they pick up every dog in the street they are not getting the dogs that are the problem. Councilman Van Dusen said if we do not use King County services the City will be faced with a lot of problems. Mayor Bauch said he would recommend that the Council not rush into this ordinance maybe it would be a good idea to have a public meeting so input could be obtained. Karlyn Elfstrom, audience, said if the County gets a complaint they will tell a person to catch the dog and hold it until they can come and pick up the animal. If it is a barking, snapping dog one would be reluctant to try and catch it and where would you hold it until they could get out to pick it up? Councilman Traynor said that we do not pay for this service to King County except through taxes which we would have to pay whether we used their services or not. He added that if the City had their own law to enforce it would cause a lot more work and expense and we would still have to pay the tax. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE PROPOSED ANIMAL CONTROL ORDINANCE BE ON THE AGENDA FOR THE NEXT CITY COUNCIL MEETING IN ORDER TO GET PUBLIC DISCUSSION. Council President Hill requested Mayor Bauch have available several copies of the proposed ordinance so the audience will be able to read it and take part in the discussion. *CARRIED. RECESS MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE COMMITTEE OF THE WHOLE 9:25 P.M. -9:30 P.M. MEETING RECESS FOR FIVE MINUTES. CARRIED. Council President Hill called the meeting back to order with all Council Members present as previously listed, with the exception of Councilwoman Harris. Optional Municipal Code Councilman Traynor stated that four or five years ago the City had a resolution to adopt the Optional Municipal Code, but it failed in an election. He stated that he had a pamphlet from the previous resolution and he briefly outlined the advantages of adopting the Code, stating that Tukwila is a Third Class City subject to all of the "cans and cannots" spelled out for them. If the Optional Municipal Code is adopted the City would have all of the advantages of a First Class City and would be able to have a wider range of activity. He stated it TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING March 22, 1976 Page 4 DISCUSSION Contd. /s "mo Optional would make their jobs as Council Members easier. Discussion continued Municipal as to the advantages of having a financial adviser and a clerk Code Contd. treasurer or a treasurer clerk, if it was felt this would be more advantageous. Mayor Bauch said this Optional Municipal Code could be adopted by resolution if the Mayor -City Council type of government is not changed, then if there are no objections within a 90 day period of time, an ordinance could be adopted. If there is an objection by the public during the 90 day period of time there would then be an election. If the type of City government is changed to a City Manager Council or Commissioner type of government then it would be put to a vote of the people before being passed as a resolution. Councilman Van Dusen suggested that this discussion continue at the first Committee of the Whole Meeting in April and it would give the Council Members an opportunity to study the advantages and disadvantages of the change. Council President Hill stated that he thought a represen- tative of the Association of Washington Cities would come out and talk to the Council and audience so everyone would know about it. Vouchers #8000 and #8026 Bike Trail Proposed Res.: Thanking Out- going Mayor Council Members ADJOURNMENT 10:25 P.M. Mayor Bauch stated that he had discussed Vouchers #8000 for $158.88 and #8026 for $15.00 with Police Chief Sheets and had convinced him that the one was for bandages that the police officer had used at home in dressings. Mayor Bauch continued that the other one was for a variety of things and he had told the Chief to resubmit it under prescriptions only as it covered too many things. He stated they will be resubmitted as prescriptions only and the other will be submitted to the pension board. Mayor Bauch stated that he had spent one and one -half hours with the flood control people that morning in an attempt to get the bike path on the road. He said he had an appointment with Dave Mooney and went with him to see others who were concerned. He continued that he did not like the information that he had got that the dikes will have to be raised 4 feet in Tukwila for Hanson Dam they cannot tell us how soon this will be, whether it will be sooner than 10 years or more than 20 years. He said that he wanted to talk with Mr. Van Worden and tell him what the City is going to do as it will affect his property. Mayor Bauch continued that he felt we should get as much of Christianson Road as possible into trails and show we are going to use it. Councilman Van Dusen expressed the desire to get a bike trail in the whole distance. Councilman Traynor agreed that it might be 10 -15 years before the Corp of Engineers takes action so he felt the City should proceed. Mayor Bauch said that is correct and the County knows it is in the plans but when is unknown. Council President Hill asked if the City would have trouble getting grant money. Mayor Bauch said that might be, but the City has submitted an advance copy of the park plan to the State in accordance with the date schedule they had set up. Councilman Saul said that the property along the river is what the Council wants for the people. The City Council Members looked at the design plans and discussion continued with all in favor of prompt action. Mayor Bauch said he would go to Mr. Van Worden and show him the design plans so he will know what is planned. A.W.C. grants Mayor Bauch told the Council that all grants for this in -house for in -house training program had been taken, but a call was received that one city training program had cancelled and they wanted to know if Tukwila would be interested. He explained this training would be in -house and for our specific job descriptions. He said he was interested in staff training and would like to know if the City Council is interested in this type of thing. This training could answer any questions that we would want. They will find a person qualified to do the training here at the City Hall. All Council Members expressed interest in the program and Mayor Bauch said he would tell them the City is interested and reserve the funds. Councilman Traynor said he was interested in the operations of the Treasurer's office. He added he would like to know all of the operations of that office as he had never fully understood it. Council President Hill asked that Administration prepare resolutions thanking the outgoing mayor and council members for their service to the City of Tukwila and it be on the agenda for the April 5 meeting of the City Council. MOVED BY SAUL SECONDED BY VAN DUSEN, THAT THE COMMITTEE OF THE WHOLE MEETING ADJOURN. CARRIED. a Booher, Council Secretary