Loading...
HomeMy WebLinkAbout1974-12-19 Regular Minutes 4 1176 TUKWILA CITY COUNCIL REGULAR MEETING December 18, 1974 Page 10 SECOND READING OF ORDINANCES Contd. Proposed ordinance Councilwoman Harris asked Attorney Parker if he anticipated 1975 budget Cont. any additional listings of reasons to the letter. Attorney Parker replied no, this is the final submittal. Councilwoman Harris requested copies of the letter for all Council Members. MOVED BY HARRIS, SECONDED BY STERLING, THAT THE COUNCIL TAKE NO FURTHER ACTION AT THIS TIME UNTIL WE CAN EVALUATE THIS, CONSIDER IT, AND CONTINUE THE MEETING UNTIL TOMORROW NIGHT AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS TO RECONSIDER THIS AGAIN.* Councilman Traynor stated we can prolong this process of making a decision forever and he asked the Council if they would be prepared to make a decision on this tomorrow night. He stated it is obvious at some point we have this decision to make. Mayor Todd stated there are other items on the Agenda tonight to consider. Councilman Sterling asked if the Council could rebut that letter at this time. Councilman Johanson stated he felt the comments in Attorney Parker's letter were just as ridiculous as a lot of things he had done in the and is convinced there is more than one decision to be made at this time. Steve Hall, Public Works Director, pointed out that the Planning Commission is meeting in the Council Chambers at 8:00 P.M. tomorrow night. Question RECESS called for by Councilwoman Harris; MOTION CARRIED UNANIMOUSLY. 7 :25 P.M. TUKWILA CITY COUNCIL REGULAR MEETING December 19, 1974 7 :00 P.M. CALL TO ORDER Mayor Todd called the continued meeting to order. ROLL CALL OF GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON COUNCIL MEMBERS EXECUTIVE SESSION MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE AGENDA TO CONSIDER ITEM 10.b. AT THIS TIME. CARRIED. Mayor Todd asked if the purpose of this Session conformed with the requirements of State law. Councilwoman Davis replied yes. Attorney Parker stated he preferred to discuss any matters with the Council in the open meeting. Councilwoman Davis stated the Council wants to have an opportunity to meet and talk with the City Attorney in private. Mayor Todd referred to R.C.W. 42.30.110 stating that the employee or official has the perogative of meeting in executive session. Councilman Sterling stated he wanted it to be clear that the City Council gave an effort to have a private meeting with the City Attorney and he refused. Councilwoman Harris stated the Council in requesting the Executive Session, showed good faith in trying to resolve their differences with him in this difficult attorney- client relationship. Attorney Parker stated the matter cannot be so delicate that the people in the audience cannot hear and the Council will not be embarrassing him in any way. He stated its your move now. MOVED BY TRAYNOR, SECONDED BY STERLING, TO POSTPONE INDEFINITELY THE EXECUTIVE SESSION AND GO ON TO THE NEXT AGENDA ITEM. CARRIED. SECOND READING OF ORDINANCES Proposed ordinance Councilwoman Harris stated the Council has had the opportunity 1975 budget and City to review Attorney Parker's letter which was presented to the Attorney's budget Council last evening. Referring to paragraph 2 on page 1, allocation she stated the requirement of having 3 copies of the budget on file in the City Clerk's office is not a requirement of R.C.W. 35.33.075 but feels this is an advisable thing to do. Councilwoman Harris then requested reconsideration of the City Attorney's salary. She stated it might be leaving the City Council at a disadvantage to leave the retainer at $100 per month for the work performed requires a commensurate amount. TUKWILA CITY COUNCIL REGULAR MEETING December 19, 1974 Page 11 SECOND READING OR ORDINANCES Contd. Proposed ordinance 1975 budget and City Attorney's budget allocation RESOLUTIONS Reso. 457, Establishing tour of duty for Municipal Court q97 MOVED BY HARRIS, SECONDED BY DAVIS, THAT THE CITY COUNCIL REINSTATE THE CITY ATTORNEY'S RETAINER TO $1,100 PER MONTH.* Mayor Todd requested a roll call vote. *ROLL CALL VOTE: 6 AYES GARDNER, STERLING,TRAYNOR, DAVIS, HARRIS, SAUL; 1 NO JOHANSON. CARRIED. Councilwoman Harris stated she had given additional thought to the situation regarding the problems involved over the last few years with legal services and the City Council relationship. It has been established that the City Council is authorized to employ the services of outside help for the City and feel at this time that the Council can anticipate receiving proposed legislation to amend Ord. 566 and 609 which will be limiting his duties and in 1975 to reduce the City Attorney's budget commensurate with the reduction of duties. Councilwoman Davis stated she would like to instruct the City Clerk to adjust the Attorney's budget and she would be in the office tomorrow to go over the figures with the City Clerk. She also instructed the City Clerk to comply with having 3 copies of the adjusted budget on file and to provide an adjusted copy to the City Council. Councilwoman Davis suggested taking some of the funds from the Land Acquisition Fund to place in the Attorney's budget. Mayor Todd stated the Land Acquisition Fund is a special use fund and could not be used for the Attorney's salaries. Councilwoman Davis stated the Land Acquisition funds have not been established for 1975 and could be reallocated. She suggested another meeting of the Council tomorrow to get the budget passed in order to safeguard the employees, the citizens, and the working of the City. Directing her comments to the Mayor, Councilwoman Davis stated this harrassment, block throwing, and bluff is disgusting. In clarification of her statement, she stated she worked for several days tracking down a statement made by the Mayor that it was illegal to have funds in the Land Acquisition Fund; she called the State Auditor's office and this City has gone through three audits with funds in Land Acquisition. She stated she spent one day just tracking down this one bluff. Mayor Todd stated it remains to be seen whether or not it is a bluff. Councilwoman Davis asked to see the proof right now. Mayor Todd replied he would have the information ready in his office at his convenience. Councilwoman Davis continued, stating "a lawyer employed by the (City) owes his allegiance to the entity. In advising the entity, a lawyer should keep paramount its interests and professional judgment should be not influenced by personal desires of any person." MOVED BY DAVIS, SECONDED BY JOHANSON, TO ESTABLISH A THREE MEMBER AD HOC COMMITTEE OF THE COUNCIL TO FORMULATE A COMPLAINT REGARDING ATTORNEY PARKER TO PRESENT TO THE WASHINGTON STA1'E BAR ASSOCIATION LEGAL ETHICS COMMITTEE. CARRIED, WITH TRAYNOR AND SAUL VOTING NO. Council- woman Davis called for volunteer members. Councilman Sterling, Councilwoman Davis and Councilwoman Harris volunteered. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITTE ONLY. CARRIED. Attorney Parker read proposed resolution to establish tour of duty for personnel in the Municipal Court Department in accordance with the "Fair Labor Standards Act as Amended in 1974" effective May 1, 1974 and declaring an emergency. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITTF ONLY FOR APPROVAL.* Councilwoman Harris stated she contacted the personnel office at King County regarding this matter and also Mr. Dewey at the U. S. Dept. of Labor regional office in Seattle and was advised that it is urgent to establish this for the uniformed personnel of the City. Mr. Dewey had stated that it is not all that necessary to adopt this for the other employees if there is an established record of time worked such as daily time cards. She stated she expected a handbook from his office soon and if the Council is still in doubt regarding all of the requirements, a representative could come out to the City TUKWILA CITY COUNCIL REGULAR MEETING December 19, 1974 Page 12 RESOLUTIONS Cont. Reso. 457, Establishing tour of duty for Municipal Court Cont. Proposed Resolution Establishing a tour of duty for Executive (Mayor) Department Reso. 458, Establishing tour of duty for City Clerk's Department Reso. 459, Establishing tour of duty for City Treasurer's Department Reso. 460, Establishing tour of duty for the Planning Department Reso. 461, Establishing tour of duty for the Building Department Reso. 462, Establishing tour of duty for Mech. Shop Div. Non -Dept. q9d to familiarize the City Council with the Act. Steve Hall stated the departments ofthe .City have proposed these resolutions in order to possibly save the City some money since there is a possibility department heads may have to be paid overtime if they cannot meet the criteria for exemption under these guidelines. Councilwoman Harris stated the personnel at King County indicated that anyone working in an executive capacity or earning over $300 per week were exempt from application of this law. Councilman Sterling stated it would not be a disadvantage to establish the tour of duty for these departments and the Council most certainly should take time later to go over this new Act. *CARRIED, WITH GARDNER VOTING NO. Councilman Sterling asked if by passing this resolution would the Council be giving a full -time status to this position. City Clerk Shirlee Kinney explained the reason for this resolution was to cover the full -time administrative assistant's position as proposed in the 1975 budget. MOVED BY STERLING, SECONDED BY HARRIS, TO DELETE AT THIS TIME. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITT,F ONLY. CARRIED. Attorney Parker read proposed resolution to establish tour of duty for personnel in the City Clerk's Department in accordance with the "Fair Labor Standards Act as Amended 1974" effective May 1, 1974 and declaring an emergency. MOVED BY STERLING, SECONDED BY SAUL, THAT RESOLUTION 458 BE PASSED AS READ. CARRIED, WITH GARDNER AND HARRIS VOTING NO. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE, ONLY. CARRIED. Attorney Parker read proposed resolution to establish tour of duty for personnel in the City Treasurer's Department in accordance with the "Fair Labor Standards Act as Amended in 1974" effective May 1, 1974 and declaring an emergency. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT RESOLUTION 459 BE PASSED AS READ. CARRIED, WITH GARDNER AND HARRIS VOTING NO. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT PROPOSED RESOLUTION BE READ BY TITT,F ONLY. CARRIED, WITH GARDNER AND HARRIS VOTING NO. Attorney Parker read proposed resolution to establish tour of duty for personnel in the Planning Department in accordance with the "Fair Labor Standards Act as Amended in 1974" effective May 1, 1974 and declaring an emergency. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT RESOLUTION 460 BE PASSED AS READ. CARRIED, WITH GARDNER AND HARRIS VOTING NO. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED WITH GARDNER VOTING NO. Attorney Parker read proposed resolution to establish tour of duty for personnel in the Building Department in accordance with the "Fair Labor Standards Act as Amended in 1974" effective May 1, 1974 and declaring an emergency. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT RESOLUTION 461 BE PASSED AS READ. CARRIED, WITH GARDNER VOTING NO. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed resolution to establish tour of duty for personnel in the Mech. Shop Div., Non -Dept. in accordance with the "Fair Labor Standards Act as Amended in 1974" effective May 1, 1974 and declaring an emergency. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT RESOLUTION 4 BE PASSED AS READ. CARRIED, WITH GARDNER AND HARRIS VOTING NO. TUKWILA CITY COUNCIL REGULAR MEETING December 19, 1974 Page 13 RESOLUTIONS Contd. Reso. 463, Establishing tour of duty for Police Dept. Reso. 464, Establishing tour of duty for Public Works Administration Dept. Reso. 4 Establishing tour of duty for the Recreation Division, Park Dept. Reso. 466, Establishing tour of duty for the Park Maint. Div., Park Dept. Reso. 4 Establishing tour of duty for Street Dept. Reso. 468, Establishing tour of duty for Water Dept. Reso. 4 Establishing tour of duty for Sewer Dept. 9 R9 MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ BY TITT,F ONLY. CARRIED. Attorney Parker read proposed resolution to establish tour of duty for personnel in the Police Department in accordance with the "Fair Labor Standards Act as Amended 1974" effective May 1, 1974 and declaring an emergency. MOVED BY SAUL, SECONDED BY STERLING, THAT RESOLUTION 463 BE PASSED AS READ.* Councilwoman Harris asked if this applied to all personnel in the Police Department including the Chief. Mayor Todd stated yes if applicable. Discussion continued on the guidelines of the Federal law. Steve Hall stated it would not cover those people until the criteria is established for disqualification. Our union contracts in the City are more restrictive than the Federal Act and they serve as a control factor. CARRIED, WITH HARRIS VOTING NO. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT PROPOSED RESOLUTION BE READ BY TITT,F ONLY. CARRIED. Attorney Parker read proposed resolution to establish tour of duty for personnel in the Public Works Administration Dept. in accordance with the "Fair Labor Standards Act as Amended 1974" effective May 1, 1974 and declaring an emergency. MOVED BY STERLING, SECONDED BY SAUL, THAT RESOLUTION 464 BE PASSED AS READ. CARRIED, WITH GARDNER AND HARRIS VOTING NO. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITTF ONLY. CARRIED. Attorney Parker read proposed resolution to establish tour of duty for personnel in the Recreation Division, Park Dept. in accordance with the "Fair Labor Standards Act as Amended 1974" effective May 1, 1974 and declaring an emergency. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT RESOLUTION 465 BE PASSED AS READ. CARRIED WITH GARDNER AND HARRIS VOTING NO. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed resolution to establish tour of duty for personnel in the Park Maint. Div., Park Dept. in accordance with the "Fair Labor Standards Act as Amended 1974" effective May 1, 1974 and declaring an emergency. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT RESOLUTION 466 BE PASSED AS READ. CARRIED, WITH GARDNER AND HARRIS VOTING NO. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITTF ONLY. CARRIED. Attorney Parker read proposed resolution to establish tour of duty for personnel in the Street Department in accordance with the "Fair Labor Standards Act as Amended 1974" effective May 1, 1974 and declaring an emergency. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT RESOLUTION 4 BE PASSED AS READ. CARRIED, WITH GARDNER AND HARRIS VOTING NO. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT PROPOSED RESOLUTION BE READ BY TITT,E ONLY. CARRIED. Attorney Parker read proposed resolution to establish tour of duty for personnel in the Water Department in accordance with the "Fair Labor Standards Act as Amended 1974" effective May 1, 1974 and declaring an emergency. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT RESOLUTION 4 BE PASSED AS READ. CARRIED, WITH GARDNER AND HARRIS VOTING NO. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRTFD. Attorney Parker read proposed resolution to establish tour of duty for personnel in the Sewer Department in accordance with the "Fair Labor Standards Act as Amended 1974" effective May 1, 1974 and declaring an emergency. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT RESOLUTION 469 BJPASSED AS READ. CARRIED, WITH GARDNER AND HARRIS VOTING NO. TUKWILA CITY COUNCIL REGULAR MEETING December 19, 1974 Page 14 MISCELLANEOUS AND FURTHER ADUIENCE COMMENTS Agenda meeting Appeal to Boundary Review Board Green River Drainage meeting RECESS 8 :05 P.M. TUKWILA CITY COUNCIL REGULAR MEETING December 20, 1974 5 :00 P.M. CALL TO ORDER Mayor Todd called the continued meeting to order. ROLL CALL OF COUNCIL MEMBERS RECESS 5 :05 P.M. 5:08 P.M. J000 Councilman Traynor noted that the December 26 agenda meeting is scheduled by the calendar two weeks before the next regular meeting and requested that January 2 be set instead. Councilwoman Harris agreed that the December 26 meeting be cancelled and the Council hold its committee of the whole meeting on January 2, 1975 at 7 :30 P.M. Councilwoman Harris stated that she had learned the 10-day appeal period does not commence until the proper paperwork is filed with the King County Council and not from the time the Board renders its decision, which would be December 12. She stated the City can expect a copy of the papers at the time they are filed. She suggested the Council consider the appeal at that time. She also stated there are other avenues regarding this matter the Council should consider: the City can send the original petitions back to King County Records and Elections for re- certification of signatures within the adjusted boundary; insure the City Council approves the modified boundaries before it is presented to the area's resi- dents for an election; or consider the whole thing again due to the fact that the major industrial area was deleted which would have provided the tax base for the area and to the City of Tukwila. Mayor Todd stated if the letter comes in tomorrow from King County, the next regular meeting of the Council will not be until January 6 and this was his main concern time is of the essence. Councilwoman Davis asked if a meeting will be required soon of the Council to consider the wetlands proposals. Councilman Gardner and Johanson stated each City is expected to provide input and the Council and administration would need to give them as representatives some kind of direction. Councilman Traynor stated he felt the matter should be discussed at the committee of the whole meeting December 23. MOVED BY SAUL, SECONDED BY STERLING, THAT THE MEETING RECESS TO 5:00 P.M. DECEMBER 20 IN THE CITY COUNCIL CHAMBERS. CARRIED. GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, JOHANSON. MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO EXCUSE COUNCILMAN SAUL. CARRIED. Mayor Todd announced that the City Attorney was present but is presently awaiting a call in the office. MOVED BY JOHANSON, SECONDED BY TRAYNOR, TO RECESS UNTIL CITY ATTORNEY IS PRESENT. CARRIED. Mayor Todd called the meeting back to order with Council Members present as noted above. Mayor Todd explained that Attorney Parker was on the telephone regarding a $100,000 law suit served today on Chief Sheets regarding some discussion that was reported to have been held at some point in time between the Police Chief and another Police Chief concerning a gentleman by the name of Clifford Bennett.