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HomeMy WebLinkAbout1976-09-27 Committee of the Whole MinutesSeptember 27, 1976 CITY OF TUKWILA 7:30 P.M. COMMITTEE OF THE WHOLE MEETING CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS APPROVAL OF MINUTES DISCUSSION City Attorney Fees M I N U T E S Tukwila City Hall Council Chambers Council President Hill called the Committee of the Whole Meeting to order at 7:39 P.M. GARDNER, TRAYNOR, HILL, SAUL, MS. PESICKA, VAN DUSEN. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THE MINUTES OF THE SEPTEMBER 13, 1976 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. MOTION CARRIED. Mayor Bauch stated he had received a letter from the law firm of LeSourd, Patten, Fleming and Hartung dated December 19, 1975 in reply to a letter he had written to them outlining the hours of legal service each of the City Departments would require during a month. The letter from the law firm outlined the services that would be furnished for the monthly retainer fee and also the legal services that would not be included in the retainer fee and for which the City would be billed monthly. Mayor Bauch said the time has been running fairly consistent except for extra time they have had to put in on lawsuits and court time that has been up about one -third more than they had expected. He continued he had told the law firm if the hours were minus or plus he would come back to the City Council. The time has exceeded that which had been anticipated and the City does not have enough money in the account to cover the extra hours the law firm is putting in. Council President Hill asked for an explanation of some of the legal charges on the print -out sheet. Mr. Fleming explained the charges. Council President Hill expressed the opinion that the legal expenses were high. Mayor Bauch said he had used two different approaches to solve the problem. He said the budget is short approximately $4,000 or $3,744 depending on the approach used for the rest of the year. Council President Hill said he would like to take a look at the agreement between the City and the law firm. Council- man Van Dusen asked what the estimated budget figure for next year for legal services would be if it includes everything. City Attorney Fleming said there had been a number of items that were paid in 1976 that go back to 1974. Mayor Bauch said the preliminary figure for 1977 would be $56,848 which included an amount for other legal services that would have to be expended before they are paid. Deputy City Attorney Hard said he thought they should treat the municipal court different than they had this year. The work in that department is out of propor- tion. The number of cases they are trying is going up and up. Council President Hill said he had thought the contract signed for legal services was for the full year and next year the amount would be adjusted. Deputy City Attorney Hard said they are substantially over the amount of hours they had anticipated spending on City business based on the hours the City had told them they would be used and that is the reason he and Mr. Fleming were in attendance at the meeting. City Attorney Fleming said it seemed only fair when the hours they were used were doubled that an adjustment be made. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ADMINISTRATION PREPARE AN ORDINANCE ADJUSTING THE BUDGET IN THE AMOUNT OF $13,367.00 FROM THE CONTINGENCY FUND TO THE CITY ATTORNEY'S FUND. MOTION CARRIED. Councilman Traynor left the meeting at 8:20 P.M. 6 -Year Construction Steve Hall, Director of Public Works, explained the six year construction Program: 1977 -1982 program and the public hearing he requested. He continued he would like to have an ordinance prepared for the next City Council Meeting. He explained the areas affected by the six year construction program, the type of work that would take place, when the work would be completed and the total cost. Council President Hill stated he would suggest Foster and Marshall find out what it would cost to speed up the undergrounding. He suggested they come to the next Committee of the Whole Meeting on October 11, 1976. After continued discussion Council President Hill said a public hearing was needed. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT A PUBLIC HEARING BE SET FOR THE SIX YEAR CONSTRUCTION PROGRAM AND IT BE HELD ON MONDAY, OCTOBER 4, 1976. MOTION CARRIED. CITY OF TUKWILA COMMITTEE OF THE WHOLE MEETING September 27, 1976 Page 2 RECESS 8:55 P.M. -9:00 P.M. 1977 Annual Budget Request Tukwila City Council Res. Approving Community Development Plan and Program City Hall Space Needs Study Prop. Ord. Fixing the amount of Tax Levies MOVED BY MS. PESICKA, SECONDED BY HILL, THAT THE COMMITTEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. Council President Hill called the meeting back to order with Council Members present as previously listed, except Councilman Traynor who left the meeting at 8:20 P.M. The City Council discussed the detail of expenditures on the 1977 budget and determined their requirements. Kjell Stoknes, Director of Community Development, explained that a public hearing had been held on September 20, 1976 during the Council's regular meeting and they had concurred with the recommenda- tions of the Planning Commission. He said the resolution that had been prepared approved the contents of the plan and spending priorities and established the King County Housing Authority as the agent in developing a housing plan for Tukwila as a part of the total plan for King County. He requested the resolution be on the agenda for the next City Council regular meeting. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE PROPOSED RESOLUTION OF THE TUKWILA CITY COUNCIL APPROVING A THREE YEAR COMMUNITY DEVELOPMENT PLAN AND ONE YEAR PROGRAM REQUIRED FOR PARTICIPATION WITH KING COUNTY IN APPLYING FOR FUNDS PURSUANT TO THE COMMUNITY DEVELOP- MENT ACT OF 1974, BE ON THE AGENDA FOR THE NEXT CITY COUNCIL MEETING. MOTION CARRIED. Councilman Van Dusen asked if the space needs study was using the open space concept. Council President Hill said he would like to go over the City Hall space needs with the architect. Councilman Van Dusen asked if the space needs study provides for future expansion. Mayor Bauch said the City is staffed for a 20,000 to 30,000 populatior City so there should not be too much expansion in employees. Councilman Traynor returned to the meeting at 9:28 P.M. Mr. Stoknes said the open space concept allows for more flexibility in arranging offices and work spaces. Councilman Traynor said the overall space shown on the study is about what he had thought the City Hall should be. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE SPACE NEEDS STUDY BE DISCUSSED WITH THE ARCHITECT AT THE COMMITTEE OF THE WHOLE MEETING ON OCTOBER 11, 1976. MOTION CARRIED. Council President Hill referred to Mayor Bauch's letter of September 24, 1976 to Mithun and Associates, architect for the proposed city hall, stating in the second paragraph reference is made to a specific address for the proposed City Hall. He said he was not aware a specific site had been designated for the City Hall. Mayor Bauch said the grant application has to have a copy of the title to the property with it. The requirements were that you had to have clear title to the land. Frank Todd, audience, asked if the City Council had authorized the Mayor to apply for a grant for a building on Site 6? He added if his property is impacted by a City Hall there will be a lawsuit. Councilman Van Dusen said he did not go along with the part of the letter that says Site 6 will be the site of the City Hall. Councilman Traynor said he felt if this is what it takes to apply for a grant that is what they would have to do designate Site 6 as the location of the City Hall. He said there is a possibi- lity of saving the taxpayers $700,000 and if a title to the property has to accompany the grant application then Site 6 should be indicates Mayor Bauch explained the estimated amount necessary to be raised by taxes is the sum of $953,481. He added the proposed ordinance should be declared an emergency. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THE PROPOSED ORDIN- ANCE FIXING THE AMOUNT OF TAX LEVIES NECESSARY TO RAISE FUNDS TO MEET THE ESTIMATED EXPENDITURES FOR THE YEAR 1977 AS REQUIRED BY RCW 84.52.020; AUTHORIZING THE CITY CLERK TO CERTIFY SUCH BUDGET OR ESTIMATE OF THE AMOUNT TO BE RAISED BY TAXATION ON THE ASSESSED VALUATION OF THE PROPERTY LOCATED WITHIN THE CITY OF TUKWILA, WASHINGTON AND DECLARING AN EMERGENCY, BE ON THE AGENDA FOR THE NEXT CITY COUNCIL MEETING. MOTION CARRIED. CITY OF TUKWILA COMMITTEE OF THE WHOLE MEETING September 27, 1976 Page 3 DISCUSSION Contd. Memo from Kjell Stoknes, OCD, New bldg. at Seattle Rendering Works Independent Water Co. Social Security Fire Fighters Aduit 1975 McAdoo Lawsuit A.W.C. Regional Meeting Desimone Property /6 4 Kjell Stoknes, Director of Community Development, stated he had conferred with the City Attorney about the new building Seattle Rendering Works had indicated they wanted to build. He said he had been requested by the City Council to interpret the legal status of the grandfather clause and the M -1 zoning category as it would relate to a new building and also the time frame until a building permit could issue. He said the rendering works is an allowed use in a M -1 zone, hence the grandfather clause question is mute. He said this was his opinion and also that of Assistant City Attorney Hard. The City issued a permit in 1972 for a new plant. This permit was honored by the City with no attempt to recind it. By this action the City has committed to the fact that rendering is an allowed use in an M -1 zone and Seattle Rendering has acted in good faith and made considerable investments on this assumption. To do other than treat it as an allowed use would open the;City to a sizeable damage suit. The implementation and interpretation of local codes is an administrative function and therefore should the Council feel this use should not be allowed in an M -1 zone, they should direct the Planning Commission and Staff to undertake an amendment to the zoning ordinance to this effect. With respect to the timing for a building permit to be issued it would begin at such a time as the applicant submits to the City a shoreline permit application. With the assump- tion it is received by September 30, 1976 and all of the permits are approved by the various agencies construction on a new plant could begin on March 1, 1977. Council President Hill stated he felt the Council should direct the Staff to draft an ordinance setting forth the restrictions in the M -1 zoning, to be presented at the Committee of the Whole Meeting on October 11, 1976 for the Council's review. Councilman Traynor said he thought the matter should be brought before the Planning Commission for review. Council President Hill said he thought there should be a time limit of 90 days on the request Councilman Van Dusen said he was concerned about a letter directed to the City stating this company had a claim of $24,000 for improvements to the Independent Water Company. He said the letter had been answ- ered by the City Attorney denying the claim. Mayor Bauch said it was a bill Miss Nelson would have to pay and the City was not liable for payment. Council President Hill stated in accordance with the vote taken by the Fire Fighters the City Council had directed administration to withdraw them from Social Security. He said he would like the Administrative Assistant to get information about three or four plans where their money could be invested. Councilman Pesicka said she felt the Fire Fighters should come to the City Council seeking approval of the plan they wanted. Mayor Bauch said the Fire Fighters had said they wanted a plan that the City would administer for them. Councilman Traynor said he had been curious as to why the City has not had an audit. He said he thought they came in automatically once a year. Councilman Traynor said the lawsuit with McAdoo would be held Wednesday, September 29, 1976. Mayor Bauch said the A.W.C. Regional Meetings were scheduled for Auburn on October 26 and Bellevue on October 27. He stated they would like to know how many are going to attend. The dinner part of the meeting will start at 6:30 P.M. He said there would be a meeting prior to the dinner in Auburn regarding women in government. Mayor Bauch said the meeting would be concerned with legislation that is coming up. He said the Suburban Mayor's meeting will be next week on October 6 in Issaquah. Mayor Bauch said the City Council had received a letter from Mr. Stoknes reporting on the Planning Commission meeting with respect to the Desimone property. He said the hearing was at his request. He said the City Council would have to direct him to appeal. He had applied for the rezone to get it moving. Councilman Traynor said he CITY OF TUKWILA COMMITTEE OF THE WHOLE MEETING September 27, 1976 Page 4 DISCUSSION Contd. Desimone Property Contd. Open Space Definition ADJOURNMENT 10:35 P.M. would like to know who was present at the Planning Commission meeting as the minutes he received did not contain that information. Mr. Stoknes stated who had been present and said he had made copies of the part involving the property for the City Council. Councilman Van Dusen said the Planning Commission reports to the Council and for that reason he did not attend their meetings, also he did not want to influence their vote. Councilman Saul said the City Council used to have a representative attend the meetings, but they were a non voting member. Frank Todd, audience, asked if the City Council had heard from the Planning Commission as to the definition of open space. Mr. Stoknes said there had not been a time limit on the request and the Planning Commission had tabled the matter until the first of the year. MOVED BY SAUL, SECONDED BY VAN DUSEN, THAT THE COMMITTEE OF THE WHOLE MEETING ADJOURN. MOTION CARRIED. ,e0-&-ki-t) Norma Booher, Recording Secretary