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HomeMy WebLinkAbout1974-07-01 Regular MinutesJuly 1, 1974 8:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL ORDINANCES AND RESOLUTIONS Res. #441, Authorizing the Mayor to sign agreement with Soil Conservation Service (Green River Flood Control) Proposed resolution Optional Municipal Code 7S0 TUKWILA CITY COUNCIL Tukwila City Hall REGULAR MEETING Council Chambers M I N U T E S Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. GARDNER, STERLING, TRAYNOR, HARRIS, SAUL, JOHANSON. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT COUNCIL- WOMAN DAVIS BE EXCUSED. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MIN- UTES OF THE JUNE 24, 1974 PUBLIC HEARING AND REGULAR MEETING OF THE COUNCIL BE APPROVED AS PUBLISHED AND CORRECTED. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilwoman Harris asked to be excused from voting as she did not review the vouchers. Councilman Johanson asked to be excused also as he was not present at the time vouchers were reviewed. MOVED BY STERLING, SECONDED BY TRAYNOR, TO EXCUSE COUNCIL MEMBERS HARRIS AND JOHANSON FROM VOTING ON VOUCHER APPROVAL. CARRIED. *CARRIED. Vouchers #3178 #3247 Current Fund #3178 #3217 $11,239.41 Park Fund #3218 #3221 3,752.74 Street Fund #3222 #3230 2,327.27 City Shop #3231 2,447.91 Fire Station #3232 63,546.01 Water Fund #3233 #3240 8,582.13 Sewer Fund #3241 #3247 3,948.44 Total $95,843.91 LID #18 Cash 59 $415.39 LID #19 R -25 83.30 Cash 60 595.00 Cash 30 83.30 Cash 61 1.58 LID #25 R -3 259.20 LID #19 R -24 40.81 Cash 3 259.20 Cash 29 40.81 Fire Station Const. R -1 $13,003.74 Councilman Gardner recommended the passage of the pro- posed resolution. Mr. George Wanamaker, King County Dept. of Public Works Hydraulics Div., stated the Soil Conservation Service has been working on the en- vironmental impact statement on the Green River project for two years. We are now asking the County and cities to agree to the five proposals of the plan and to the land use policy. Councilman Gardner stated the local sponsors are in this together no matter where the 110 acres happen to be. They plan for this to be paid for at the County level through the flood zone district. Councilman Johanson asked about the taxing plan. Mr. Wanamaker stated consideration was given to utilize storm water utilities districts and charge through these districts in order to sell revenue bonds to fin- ance the wetlands. This proposal is gaining support in the Valley. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution authorizing the Mayor to execute a letter of agreement regarding the East and West Side Green River Watershed Work Plan. MOVED BY STERLING, SECONDED BY GARDNER, THAT RES. #441 BE ADOPTED AS READ. CARRIED. Mayor Todd asked Attorney Parker to read his letter of written opinion regarding Committee of the Whole meet- ings and the Open Meeting Law. Attorney Parker read his written opinion dated June 24, 1974 (a copy of the TUKWILA CITY COUNCIL MEETING July 1, 1974 Page 2 ORDINANCES AND RESOLUTIONS Cont. 757 Proposed resolution letter is on file in the City Clerk's office). Mayor Optional Municipal Todd stated he offered the proposed resolution to Code Cont. adopt the O.M.C. as an alternative solution to the meet- ing problems. He stated he felt two regular meetings per month is not adequate with the volume of business the Council must attend to each week. Councilman Jo- hanson stated the reason he requested the written opin- ion was to use that opinion as a guide in setting up a Council procedures ordinance properly. Mayor Todd stated the O.M.C. form of government will actually give more power to the City Council and also gives a broader lattitude to City functions. He urged the Council to seriously reconsider this proposal. Councilwoman Har- ris stated the ordinance the Council prepared which was determined to be illegal by the City Attorney was the result of a great deal of effort to insure that commit- tees, boards, commissions, etc. would have their meet- ings declared public. Committee of the Whole meetings were scheduled to insure the public would know about them. We went beyond the requirements of the Open Meeting Law to declare that our 3 member committee meetings would be published along with the agendas. There always has been a bending over backward to pass on the information about when the Council meets. She stated there is a difference of opinion on whether a Committee of the Whole meeting is a regular meeting or a special meeting. We maintain that the difference is a regular meeting is where actual voting action is tak- en. The Committee of the Whole meeting includes any- thing up to the point of actually taking action on mat- ters. The O.M.C. applies to counties and cities of all classifications who must also comply with the Open Meet ing Law and they manage to hold committee meetings. She stated there is room for another outside opinion for the Council's guidance. Mayor Todd cited the case under the State Supreme Court of California referred to in Attorney Parker's letter. Chapter 35- regulated cit- ies are scheduled to hold not more than one regular meeting per week. He stated O.M.C. is less restrictive in this respect. Councilman Traynor stated he had sup- ported the original resolution to adopt the O.M.C., but later the people rejected it. Mayor Todd stated he was informed some people were led astray about the O.M.C. at the time it was presented to them. Misstatements were made concerning the effect of O.M.C. last year in the campaign against O.M.C. The City of Bellevue is a good example of what O.M.C. can do for this City. Coun- cilman Saul stated this should go before the people to vote on again. Mayor Todd stated if the Council passes this resolution, O.M.C. will go on the ballot this fall Councilwoman Harris stated when that issue was first put on the ballot a few years ago, the people exercised their due right to place the proposal on the ballot. She stated, in regard to Mayor Todd's statement, she would like to know what these misstatements were exact ly. Mayor Todd stated he would furnish that informa- tion to Councilwoman Harris in private. Councilwoman Harris stated she wished Mayor Todd would not make statements in public if he is not prepared to back them up in public. MOVED BY JOHANSON, SECONDED BY HARRIS, TO STRIKE ANY ACTION ON THE OPTIONAL MUNICIPAL CODE.* Councilman Saul asked if this will go on the ballot if the Motion is passed. Mayor Todd stated no, only if the resolution passes do the people have the chance to circulate an initiative petition to place this on the ballot. Councilman Traynor asked for comments from those Council Members present at the time the last O.M.C. resolution was presented and passed. Councilman Sterling stated his position was that O.M.C. was not specific enough in its regulations as is R.C.W. Chapter 35; he stated he felt better having these rules to TUKWILA CITY COUNCIL MEETING July 1, 1974 Page 3 ORDINANCES AND RESOLUTIONS Cont. Ord, #871, Powers duties )f the Board pf Adjustment Ord. #872, Transfer of funds re: 1974 employees' :ontracts Department Reports lnd discussion re: Proposed Duwmaish .rea annexation and 2es. #442, Accepting lnnexation petition From Duwamish- Ullentown area of K.C. Fire Dist. #1 NO. :ORRESPONDENCE AND CURRENT BUSINESS 752. Proposed resolution operate by. Councilman Gardner agreed with Councilman Optional Municipal Sterling. Councilman Johanson stated he voted yes on Code Cont. former resolution with the concern of getting the pro- posal to the voters. He stated he is hesitant to take this burden upon the Council this time without more guidance. Councilman Saul asked what happens to this if the resolution fails. Mayor Todd stated the Council goes on to the next Agenda item. Councilman Saul asked what will happen if it passes. Mayor Todd stated the City would file with the State that its form of government has changed after six months and pass an ordinance indi- cating the same; the alternate to that would be an ini- tiative petition to put O.M.C. on the ballot. Councilman Saul asked if the petition will still come forth if the resolution fails. Mayor Todd stated no. Councilman Saul stated then the Council could vote to make it legal with- out a vote of the people. Mayor Todd replied yes. *CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO READ PROPOSED ORDINANCE. CARRIED. Attorney Parker read proposed ord- inance setting forth the powers and duties of the Board of Adjustment. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT ORD. #871 BE ADOPTED AS READ. Steve Hall pointed out an error in the text which was revised. *SECOND WITHDRAWN, MOTION WITHDRAWN. MOVED BY STERLING, SECOND- ED BY TRAYNOR, THAT ORD. #871 BE ADOPTED AS AMENDED. Councilman Sterling commended Attorney Parker for the complete definition of the powers and duties in the ord- inance. Councilwoman Harris stated the sample ordinance which she received a few months ago contained more text regarding procedures used by the Board. This is a very critical Board and more should be covered by the ordi- nance. Councilman Gardner asked how the meetings will be conducted. Gary Kucinski, Planning Director, stated he is now preparing the by -laws for the Board of Adjust- ment which will be adopted after approval of the Council. He stated the by -laws will include all these other items of the Board's business. *CARRIED, WITH HARRIS VOTING MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDI- NANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read title of proposed ordinance transferring funds from the Contingency Fund to meet the monetary requirements of contracts entered into effective July 1, 1974, with the Teamsters' Union Local 763, Tukwila Police Officers' Association, and the Unincorporated Society of Tukwila Municipal Employees; creating new budget accounts with regard to added benefits and adopted the classification, title and pay scale as outlined in the Teamsters' Local Union 763 Contract; and amending Budget Ordinance No. 830. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ORDINANCE #872 BE ADOPTED AS PRINTED. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE PLACED ON THE AGENDA UNDER ITEM 6.a. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution accepting annexation petition from the residents of the Duwamish Allentown area of King County Fire District No. 1. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RES. #442 BE ADOPTED AS READ.* Steve Hall, Public Works Director, referred to the cost figures of the proposed annexation and stated the capital outlays for equipment and the land acquisition will be a one -shot expenditure and the costs will be spread over a 5 year period. Councilman Sterling requested a resume of each Department's Report regarding the annexation's impact. TUKWILA CITY COUNCIL MEETING July 1, 1974 Page 4 CORRESPONDENCE AND CURRENT BUSINESS Cont. 753 Proposed annexation A verbal report was given by the Police, Fire, Public Cont. Works, Planning and City Treasurer's Departments. A written report submitted by each Department is on file in the City Clerk's office. Mr. Bill Moore asked to have the area outlined on a map. Steve Hall reviewed the boundaries of the annexation area. Mr. Bob Crain asked if Boeing Field would be under the jurisdiction of the City of Tukwila. Mayor Todd replied he did not think the City would have any jurisdiction or even be able to include it in our tax base. Hopefully the Boun- dary Review Board will make some adjustments. Chief Severson, Fire Dist. #1, stated this would be a similar situation to the Federal Building within the limits of Seattle; the County would remain in control of the Air- port property. Councilwoman Harris presented the King County zoning and utilities maps. She stated the area is under industrial pressure to develop and the residents are assuming that Tukwila will be able to help them re- sist. She stated she feels the City cannot legally guar- antee to the area that the zoning will always be single family residence. She stated the school district boun- daries will not change as has been discussed on previous occasions and we will not receive any more tax dollars there. Mr. Phil Murray stated at the time he was taking the petition around, he informed the residents that the school district would not change and the majority of the people in that area are aware of that. Councilman Tray- nor asked the point of presenting a County zoning map when the area will be rezoned when it is accepted into Tukwila. Councilwoman Harris stated it is her effort to present more information to the people to help them make a good decision. After reviewing the utilities map, Councilwoman Harris stated it is a part of our responsi- bility as public officials that as much public notice be issued to everyone in this area as is humanly possible. These two weeks have not been enough to let the people in the area become aware, to prepare their comments to the City Council. There is not enough information about the revenue for the Council to review, although she stated Chief Severson did provide her with a copy of his budget. Mrs. Phyllis Pesicka stated it was not her im- pression that the City was promising the annexation area anything. Those people came to us wanting to be a part of our City. Mrs. Rena Holloway stated she did not like the $84,000 tab of annexing this area. Councilman Johan- son asked if the evaluation of revenue was based on the County's zoning or on R -1 zoning. City Treasurer Mae Harris stated it was based on the present assessed valu- ation of the area. Councilman Johanson stated he was concerned with the probable loss of revenue. Mayor Todd stated a City ordinance requires that all land areas an- nexed to this City come in under R -1 zoning and not uncle] a grandfather clause. Then the Planning Department and the City Council will study with public input all the criteria of the area to produce a comprehensive plan. Councilman Saul stated when the McMicken Heights was annexed with all its different districts, we were not guaranteed what the zoning would be, but the people had their say about the zoning they felt would be best. Mayor Todd stated there is a provision in the petition for a community council to make recommendations to the City Council. They will have the power to veto zoning and control land use. Councilman Traynor explained the $84,000 cost will mostly amortize out over a period of years with the spread of equipment acquisition costs. Mr. Harry Wood, The Boeing Company, stated the Company has no position or attitude one way or the other at this time regarding the annexation. The reason is that we only became aware of it last week. Most of our affected departments are now studying this proposal. We would like to ask the Council not to accept the petitions for another two weeks to allow us more time to prepare. The TUKWILA CITY COUNCIL MEETING July 1, 1974 Page 5 CORRESPONDENCE AND CURRENT BUSINESS Cont. 75 Proposed annexation City may need that additional time to file an environ- Cont. mental impact statement on the area. He stated he was also speaking in a similar manner for the Burlington Northern Railroad. Mayor Todd stated he appreciated Mr. Wood's position, but this is the second time this peti- tion has been submitted and he was notified about it personally last year regarding the first petition. Mr. Wood stated he did not realize last year's petition had a continuing effect. Mayor Todd stated this is a new petition but it is just like the last one. Mr. Wood stated there are some differences which could have an affect on tax revenue. Mr. Stanley King, Isaacson Corp., stated he supported Mr. Wood's request for a two -week delay. We have not yet been involved with this and we have no opinion. He stated he was also speaking for Jorgensen Steel Co. Mr. Phil Gladfelter, Kenworth, sup- ported Mr. Wood's request. Mrs. McCullough stated the Council is not the final authority if it accepts the resolution. She does not see that the businesses do not have enough time to prepare their statements. Appeals can be made to the Boundary Review Board. Mayor Todd stated the Boundary Review Board will have the proposal 90 days. Councilman Johanson stated it is pertinent the Council be concerned with the City of Tukwila only. If the Boundary Review Board determines we will lose a good share of the revenue we are concerned about gaining, the proposed existing costs will be a heavy burden. Is the City prepared to take that upon itself? Councilman Tray- nor stated there is no guarantee even if the gentlemen were given more time; this will still have to go before the Boundary Review Board. Councilman Johanson stated perhaps at the end of two weeks, there would be some kind of commitment on their part that would make him feel more comfortable. Councilman Traynor stated we do not know we will get that general commitment from the Boun- dary Review Board. Mayor Todd stated the Council should be considering the citizens. If objections are to be raised, they should come before the Boundary Review Board. There is no reason to stop the action for these people who have not made up their minds. They will have 90 days to go before the Boundary Review Board. Mr. Bob Crain suggested the Council word the resolution to in- tend to annex the area encompassing the area of Fire Dis- trict #1. This may help protect a large loss to the Boundary Review Board actions. Councilman Sterling askec if the proposal will come back to the vote of the people if the area has been cut by the Boundary Review Board. Will the Council have another chance to accept or deny the annexation at that time. Mayor Todd stated he did not think the Boundary Review Board has the lattitude to decrease the area of a proposed annexation; they may add to the area to better align the boundaries. They will have to consider this resolution with the exhibit map in total. Mr. John Bigelow stated this proposal was sub- mitted two weeks ago for the consideration of the City Council and to ask for two more weeks seems unreasonable. Mayor Todd stated time is important due to the annual real property assessment date. The annexation should be processed before the deadline so that tax revenue will come to the City of Tukwila. Otherwise, we will have to wait one year to receive the money. Steve Hall stated he assumed the City would have legal recourse if the Boundary Review Board changes the legal description of the proposed annexation. Mrs. McCullough stated after the proposal finishes with the Boundary Review Board and if it is changed, the people can vote it down at the election. Councilwoman Harris stated the Council legally has 60 days to accept or reject the petition and this was allowed to give the necessary people time to preparE themselves to make a decision. The election for this in all probability will not take place until the first of TUKWILA CITY COUNCIL MEETING July 1, 1974 Page 6 CORRESPONDENCE AND CURRENT BUSINESS Cont. 7s5 Proposed annexation next year. There is little chance this could get to an Cont. election in November. The Boundary Review Board hears the proposal, makes a decision and its recommendation to the City Council. The Election Department needs an amount of time to set up an election. The Council should take the time to thoroughly consider this. The Boundary Review Board probably does have the lattitude to adjust the boundaries. She proposed the Council not ac- cept the petitions at this meeting tonight. Councilman Traynor read a letter from absent Councilwoman Davis stating her recommendation to accept the annexation peti- tions (a copy of this letter is on file in the City Clerk's office). *ROLL CALL VOTE: 3 AYES STERLING, TRAYNOR, SAUL; 3 NOS GARDNER, HARRIS, JOHANSON. TIE VOTE. Mayor Todd asked the City Attorney's advice of breaking the tie vote with his vote. There is conflict- ing text in R.C.W. 35 regarding this tie breaking action of the Mayor. Attorney Parker stated he felt the Mayor could cast a vote. MAYOR TODD VOTED YES. MOTION CARRIEL Councilwoman Harris stated she would like to have the Council informed by the City Attorney as to the basis upon which this tie breaking vote can be cast. She stat- ed the Council should abide by the R.C.W. which states the majority vote of the Council is necessary to pass an ordinance or resolution. The other R.C.W. is void of specific language as to when precisely the Mayor may or may not cast a tie breaking vote. Mayor Todd stated he felt there would be a tie vote on the annexation and that he did know about Councilwoman Davis' letter to the Coun- cil. He stated he has taken the advice of the City Att- orney, and that he is not necessarily voting for himself but for the intent of the absent Council Member whose letter has been posted here for the record of accepting the petitions. Councilman Johanson stated the Mayor cast a tie breaking vote in his absence which disagreed with the position he was known to have had on a matter a few weeks ago. Mayor Todd stated he had not agreed with Councilman Johanson's position on that matter. Council- woman Harris protested it is illegal to cast a vote by proxy for an absent Council Member. Councilman Sterling stated he was opposed to the Mayor's vote because he does not feel it was legal. Mayor Todd stated he was not casting a proxy vote and does not want it construed as such; he voted based on the vote that would have oc- curred, that he supported Councilwoman Davis' position and cast his vote in support of her position. He stated the Council may test this in court if there is further argument regarding his legal position on casting a tie breaking vote. Mayor Todd stated he realized there are two opinions in the R.C.W. which conflict. RECESS MOVED BY TRAYNOR, SECONDED BY STERLING, TO RECESS. 9:54 CARRIED. Mayor Todd called the meeting back to order 10:05 P.M. with all Council Members present as previously listed. Status of protests Steve Hall reported he had received three written letter! LID #24 of protest from James W. Gayther, D. R. Shannon and Delbert P. Flint. Mr. Gayther stated it appeared this gives the right to someone having legal access to his pocketbook. It appears the petitioning parties are the only ones to have the recourse to negate the LID if bids come out above 10% of the estimate. If they do not ne- gate it, then the remaining parties will be charged the excess. Attorney Parker stated ordinarily there are no provisions for rejecting the bids if they are too high. This clause is included as a safeguard by the petitioner! and if they had not done that, the LID would have pro- ceeded whatever the bid. It is a safeguard for the pro- perty owners. Steve Hall presented the area of the LID on a map and the area of protest. Mr. Shannon stated, speaking for himself and for Mr. Flint, that the improve ment is of no value to him at this time. The majority TUKWILA CITY COUNCIL MEETING July 1, 1974 Page 7 CORRESPONDENCE AND CURRENT BUSINESS Cont. LID #24 protests Cont. Request for parking ratio reduction Southcenter and to set a Public Hearing date Amend Tukwila Municipal Code re: Board of Adjustment Bid award Surplus equipment from Public Works Contract negotia- tions for 1975 re: IAFF Local #2088 of the property owners in the section of protest feel that the LID was requested in the area for the benefit of the one party who owns three lots. The rest of us are not included in the petition. It appears the boun- daries of the LID were drawn for the benefit of that one property owner who wants sewer at this time. Mayor Todd asked how many functioning toilets are in this one area. Mr. Shannon replied he knew of four and there is no in- dustrial use of water. Those of us who did not sign the petition specifically ask that this portion be excluded from the LID. The one person who does want the service can have it installed privately and hook on to the City line at his expense. Steve Hall stated this is correct. The costs would need to be redistributed, the ordinance and boundaries would need to be amended. The line could be left in that area, however, for those not wishing to hook in now could come in some time in the future under a late comers agreement. Mr. Shannon stated that is a successful alternative. Councilman Sterling stated there is a savings for the people if they choose to go with a late comers agreement for the future. Mr. Bill Wiese stated why buy something he does not want; he does not need this improvement. Mayor Todd asked if it is legal to delete the area of protest by amending the ordinance. Attorney Parker stated he thought it would be possible. It is a matter of another preliminary assessment roll. Steve Hall stated the amount of protests is about 5% of the total costs of the LID. MOVED BY TRAYNOR, SECONDED BY HARRIS, TO DELETE PARCELS 1, 4, 5, 6, 7, 8 AND 9 FROM LID #24. CARRIED. City Clerk Shirlee Kinney read a letter dated June 28 from Gary Kucinski, Planning Director, regarding a recom- mendation from the Planning Commission to amend the zon- ing ordinance to reduce the parking ratio in the CPR Zone at Southcenter. Mayor Todd asked for Council appro- val to set a public hearing date to consider this propo- sal. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE CITY COUNCIL SET JULY 22, 1974 AT 7:00 P.M. IN THE COUNCIL CHAMBERS FOR A PUBLIC HEARING TO CONSIDER PLANNING COM- MISSION'S RECOMMENDATION ON REDUCED PARKING REQUIREMENTS FOR CPR ZONE. CARRIED. City Clerk Shirlee Kinney read a letter dated June 6 fron Gary Kucinski regarding changes in the Municipal Code to assign some duties of the Planning Commission regarding the Zoning Code to the Board of Adjustment. Gary Kucin- ski stated an ordinance will be prepared for the Council next week. Councilman Traynor read a letter dated June 27 from StevE Hall recommending bid awards to the highest bidder. The 5 -yard dump box and hoist received the highest bid from Seattle Equipment Co.; the paint striper from Seattle Equipment Co.; and the Jaegar air compressor from Western Salvage Inc. MOVED BY TRAYNOR, SECONDED BY STERLING, TO ACCEPT THE PUBLIC WORKS DIRECTOR'S RECOMMENDATIONS THAT THE BID AWARDS GO TO THE HIGHEST BIDDER FOR EACH ITEM. CARRIED. Mayor Todd read a letter from Ronald Walker, President, IAFF Local #2088, dated June 27 introducing the contract negotiation team for this year. Members are Ron Walker, Ted Ebert and Dick Franklin plus one additional person. The letter requested a negotiation team for the City. Councilman Sterling stated it worked out well when the Mayor was negotiator with the Teamsters and Police Guild last month. The Council would then approve or reject thf final agreement. Councilman Traynor agreed with Council- man Sterling, stating he would like to see the Mayor and TUKWILA CITY COUNCIL MEETING July 1, 1974 Page 8 CORRESPONDENCE AND CURRENT BUSINESS Cont. Contract negotia- tions IAFF Local #2088 Cont. 7” Council go over the proposal before negotiations begin. Mayor Todd stated he considered it a privilege to nego- tiate for the City Council, but this Council must realize that this part -time Mayor's job is becoming a full -time occupation. He requested the Council to seriously con- sider making the position full time to be fair to the next Mayor of Tukwila, too, considering the work load and growth of the City. He stated he would accept the responsibility of negotiating with the Fire Department. Councilman Gardner stated it was the recommendation of some at the Association of Washington Cities convention that the Council hire a professional negotiator or form a committee of 2 or 3 Council Members with the Mayor. Mayor Todd stated we have a situation here where the Council Members do not even pick up their mail until Mondays. Since most of them are working, they would not have the time for negotiating unless it was during a vacation. This just about has to be a daytime job. Councilwoman Harris asked when the contract expires. Mayor Todd replied it terminates on December 31, 1974 and has to be opened for negotiations 5 months prior to the final Budget submittal date to the Council. Council- man Saul stated he felt this was setting a precedent by having the Mayor negotiate the employees' contracts last month. He stated he could be available during the day to negotiate with the Fire Department if the Council wished to appoint him. Mayor Todd stated that does not answer the question; there are some other things coming up at the end of this year such as the Sammamish law suit, the new Police Guild contract, the Golf Course neg- otiations, etc. and all will take quite a lot of time. There is a provision in the law which will allow the Council to change the Mayor's job to full time if they wish to do so. It seems unfair to the taxpayers of this City not to do so. Councilman Saul stated the Council should give this full consideration. Mayor Todd stated he was not speaking so much for himself as for the City and taxpayers who must have a full -time administrator. There is no way anyone in the future will commit himself to taking on this position on a part -time basis. The City is now big business. Councilman Gardner stated he has always been in favor of hiring a full -time Mayor's assistant trained to handle the day -to -day affairs. This way, if the Mayor in unavailable, there is someone res- ponsible without any interruptions. The average person can then run for the office of Mayor. Councilman Sterl- ing stated if the negotiations are taking up too much of the Mayor's time, the Council can negotiate as we did before. He stated he suggested that the Mayor negotiate again this time because things went so smoothly last month. Mayor Todd stated he would be happy to do it, but that this discussion has been an opportunity to air some of the problems we will face next year. A full time Mayor will have to be considered by the Council ver} soon; there is too much responsibility now for a part time position. Councilman Saul suggested including the position in 1975's Budget proposals. Mayor Todd stated the Budget is just one more thing to be considered this year. It is a tremendous job to figure out that Budget especially when we are considering the costs for annexa- tion. If the City did not have some Department Heads with a lot of moxie, it would be an impossible task. Councilwoman Harris stated the Council did not have input during the negotiations last time. It would be better tc go to a professional negotiator who will be looking out for management and personnel. She recommended the Coun- cil review the Finance Personnel Committee's recommen- dation for professional negotiator. Mayor Todd asked if his performance as negotiator was unsatisfactory. Coun- cilwoman Harris stated she did not intend that; she stat- ed the Council was shut out of the negotiations until the TUKWILA CITY COUNCIL MEETING July 1, 1974 Page 9 CORRESPONDENCE AND CURRENT BUSINESS Cont. 58 Contract negotia- time the final proposal was presented to us. Mayor Todd tions IAFF Local stated the only changes made in the contracts were to #2088 Cont. change the word "employer" to "employee Councilwoman Harris objected to the fact that the Council was not consulted in any way and was told they would not be con- sulted until the Mayor was ready to give them informa- tion. Councilman Sterling stated Councilman Traynor's proposal of reviewing the Fire Department's proposal be- fore negotiations would give the Council additional in- put. Mr. Bob Crain stated that two years ago, a profes- sional negotiator was hired to handle the Fire Depart- ment's contract and he left a bad taste in everyone's mouth. He had been recommended but was often unavail- able, he stalled around with the work and in the end, the Firemen resented the way negotiations were handled. He stated he felt the City Council had done a good job last time and had operated on a level of respect with the employees. The experience with the professional neg- otiator hurt us. Mrs. Phyllis Pesicka suggested Council- woman Harris volunteer to serve on a negotiating team with the Mayor and Councilman Saul. Councilwoman Harris stated she would be happy to do so, but wondered about her own qualities and inexperience. Mayor Todd endorsed Council Members Harris and Saul as the negotiating team for the City with the Firemen and the Police Guild. He stated he would not want to be included in the team be- cause Councilwoman Harris and himself have never been able to come to an agreement on anything and this might jeopardize the negotiations. Councilman Johanson pro- posed hiring a professional negotiator and stated he was disenchanted with the Mayor's performance as negotiator. Councilman Traynor stated he was absent from the meeting the contracts were voted upon, but had he been present, *voted he also would have "No" because certain items in the con- tract were not acceptable. Fire Chief Crawley informed the Council this will be the first year the contract neg- otiated for the City might be forced with binding arbi- tration under State Law. He stated the negotiations last year with the Council went faster and smoother than the negotiations with the professional negotiator, and it was cheaper for the taxpayers. Mayor Todd stated these are serious matters for anyone negotiating to handle and the negotiator can expect a request soon from the Police Guild for a $250 per month raise next year, plus many benefits. Mrs. Ann Crain asked how much it would cost to hire a professional negotiator and is there money bud- geted for this expense. Mayor Todd stated it cost $4,00C to negotiate the Fire Department's contract two years agc and there is no money budgeted for negotiations. Mrs. Crain asked if the Council would have any more input wits a professional negotiator during the process or would they be presented with the final results at the end. Councilman Sterling stated he would be the negotiator for the Council and he would meet with the employees and the Council with each development. Councilman Gardner state $5,000 for a negotiator is not much when compared to the amounts of the Fire and Police Departments' budgets. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT THE CITY COUNCIL PROCEED TO NEGOTIATE WITH THE INTENT TO HIRE A PROFESSIONAL NEGOTIATOR TO NEGOTIATE THE POLICE AND FIRE DEPARTMENTS' CONTRACTS.* Councilman Saul stated his committee received a recommendation for a negotiator at a cost of $1,500 and the Council rejected the proposal last time. He stated he did not know what it would cost now. Mrs. Ann Crain stated as a taxpayer in the City, she resented money being spent for a professional nego- tiator when the Mayor and two Members of the Council are willing to do the job and when there is no money in the Budget to cover the expense. Councilman Johanson stated, referring to the subject of costs, that the City Attorney is very busy and the Council attempted to get an attorney TUKWILA CITY COUNCIL MEETING July 1, 1974 Page 10 CORRESPONDENCE AND CURRENT BUSINESS Cont. Contract negotia- tions IAFF Local #2088 Cont. OLD BUSINESS Recommendation for structural inspector by Steve Hall 739 through a simple fee system but the proposal was resent- ed by some. As it turns out, he stated he was under a recall move and has not been granted the same privileges of a shoplifter arrested by the Police receives which is to be informed of his rights. Our City Attorney never advised the Council on our rights regarding the recall. Attorney Parker stated he could not advise the Council Members on that subject. Councilman Johanson stated Mr. Parker is the City Attorney and is responsible. Attor- ney Parker stated the Council does not take his advice anyway. Councilman Johanson stated the Attorney made no attempt to advise the Council Members. Mayor Todd asked Councilman Johanson if he had asked the City Attorney for advice. Councilman Johanson stated the R.C.W. spec- ifically describes the duty of the City Attorney to de- fend all City officials. It was noted in the newspapers that the Council Members under recall did not make an appeal and we later found out we had 22 days to make an appeal after the initiation of the petitions. We had to find out as a result of our own research. Mayor Todd stated the record clearly states that at least one of the charges the Council Members are confronted with is that they were in direct opposition to an Attorney's opinion. Attorney Parker stated that charge regarded the award of legal advertising to the Record Chronicle instead of the Highline Times, the lowest bidder. Coun- cilman Johanson stated he was under the impression the Council was the decision making body of the City. Attor- ney Parker stated he had stated that was not the case, the Council Members refused to take his advice and now you are belly- aching about it. Councilman Johanson stat- ed you bet I am; he stated the City is paying the Attor- ney a retainage fee every month without any response from the Attorney as a result. Mayor Todd asked what this discussion has to do with labor contract negotia- tions. *ROLL CALL VOTE: 3 AYES GARDNER, HARRIS, JO- HANSON; 3 NOS STERLING, TRAYNOR, SAUL. TIE VOTE. Attorney Parker advised Mayor Todd he could vote on this Motion. Mayor Todd stated the taxpayers can be better represented by a different method than a profess- ional negotiator. *MAYOR TODD CAST A NO VOTE ON THE MOTION. MOTION FAILED. Mr. Darwin Dodge stated he be- lieved the people in the City like the way the Mayor is handling the business of the City. He stated there are abour 4 or 5 people at the Council table that are doing their job the way they should be, but to sit down and study everything when it is black and white is not com- ing off. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MAYOR NEGOTIATE AND UPON RECEIPT OF THE PROPOSED AGREEMENT WITH THE FIREFIGHTERS, HE WILL RETURN TO THE COUNCIL FOR EXECUTIVE SESSION MEETING. CARRIED, WITH GARDNER AND JOHANSON VOTING NO. Mayor Todd stated he had received a copy of the Police Guild proposal which will be presented to the Council in their mailboxes the next day. Councilman Johanson asked how the Mayor pro- poses to communicate with the Council. Mayor Todd state he will refer all business through the Council President. MOVED BY TRAYNOR THAT AN EXECUTIVE SESSION TO CONSIDER THE POLICE GUILD CONTRACT BE PLACED ON THE JULY 8 AGENDA. Mayor Todd stated he strongly opposed tearing apart a prospective employee publicly as was done at the last Council meeting. The Council has the duty of approving budgetary items to pay for the position and the request should be limited to a request for money only. Council- man Traynor asked Steve Hall if the building inspector would expect a raise when the structural inspector's salary increase is approved. Mayor Todd stated there is only one position being considered which justifies the TUKWILA CITY COUNCIL MEETING July 1, 1974 Page 11 OLD BUSINESS Cont. Structural inspector Cont. COMMITTEE REPORTS Ad Hoc Committee on the Foster Golf Course AUDIENCE COMMENTS LID #25 Call for bids Annexation discussion ADJOURNMENT 11:55 P.M. ATTEST: Frank odd, Mayor Shirlee A. Kinney, City Cl no pay in its increased requirements of the job description. Councilman Saul stated he had talked with a professional inspection firm which quoted $15 to $25 per hour for 4 to 8 hours of inspection per week. Steve Hall stated the Uniform Building Code requires continuous inspection. The structural inspector will be an overseer on the Tril- lium Project on behalf of the City. MOVED BY HARRIS, SECONDED BY STERLING, THAT THE POSITION OF STRUCTURAL INSPECTOR BE AUTHORIZED AT THE RATE OF PAY RECOMMENDED WITH THE PROVISION THAT THE POSITION BECOME EFFECTIVE WHEN A BUILDING PERMIT IS ISSUED FOR TRILLIUM OR OTHER- WISE NECESSARY. CARRIED. Councilman Sterling reviewed the Minutes of the Ad Hoc Committee on the Foster Golf Course of the meeting of June 25, 1974. He stated the Committee had decided to consider the purchase of the Golf Course as a golf course only. The Committee recommended a negotiating team be established by the Council to discuss a price with the representatives of the Golf Course. He announced the next meeting of the Committee is set for July 16 at 7:30 P.M. in the Council Chambers. Mr. Bob Crain asked about the condition in the terms that the present ownership be retained as management after the purchase. Mayor Todd stated the owners have since withdrawn the proposal. Mrs. Phyllis Pesicka stated she considered the asking price out of line when the damage to the shorelines is considered. MOVED BY STERLING, SECONDED BY JOHANSON, THAT MAYOR TODD AND COUNCIL PRESIDENT TRAYNOR BE APPOINT- ED AS THE NEGOTIATING TEAM WITH THE REPRESENTATIVES OF FOSTER GOLF LINKS AND TO ESTABLISH A PRICE AND METHOD OF PAYMENT. CARRIED. Steve Hall stated no bids were received on LID #25 due to two possible reasons: (1) Associated General Contrac- tors lock out on all contractors, and (2) the project is not big enough to bid as a prime. He recommended the water, sanitary sewer and storm sewer be bid separately from the other improvements. Steve Hall recommended the call for bids be set for Wednesday, July 24 at 3:00 P.M. in the City Clerk's office. MOVED BY TRAYNOR, SECONDED BY STERLING, TO CALL TO BIDS FOR WATER, SANITARY SEWER AND STORM SEWER FACILITIES ON LID #25 ON WEDNESDAY, JULY 24, 1974 AT 3:00 P.M. CARRIED. Jim Waite, Highline Times, asked who supplied Council- woman Harris with the King County maps of the proposed area of annexation. Councilwoman Harris stated she pur- chased the maps from the Department of Public Works and Land Use Management Office at King County. Jim Waite asked why Councilmen Gardner and Johanson voted "Yes" last year for annexation and voted "No" this evening. Councilman Gardner declined comment. Councilman Johansor stated he had stated his reasons last time. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE MEETING ADJOURN. CARRIED.