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HomeMy WebLinkAbout1974-09-23 Regular MinutesSeptember 23, 1974 TUKWILA CITY COUNCIL 8:00 P.M. REGULAR MEETING FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL ORDINANCES AND RESOLUTIONS Ord. #883, Council Procedures Veto message by Mayor M I N U T E S 27 Tukwila City Hall Council Chambers Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. GARDNER, STERLING, TRAYNOR, HARRIS, SAUL, JOHANSON. MOVED BY TRAYNOR, SECONDED BY STERLING, TO EXCUSE COUNCILWOMAN DAVIS, CARRIED. Councilwoman Davis arrived at 8:03 P.M. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 3, 1974 AND THE SPECIAL MEETING OF SEPTEMBER 11, 1974 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* MOVED BY DAVIS, SECONDED BY TRAYNOR, THAT DAVIS BE EXCUSED FROM VOTING. CARRIED. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT STERLING BE EXCUSED FROM VOTING. CARRIED. Councilman Johanson stated he thoughtthe Council had made a policy state- ment that no more eyewear would be approved for pay- ment and there is a bill included in this batch for payment for Officer Mathews. City Clerk Shirlee Kinney explained that bill was approved for payment by the Council at the last meeting when the policy state- ment was made since this bill had originally been sub- mitted prior to any policy statement. *CARRIED, WITH TRAYNOR VOTING NO. Councilman Traynor stated he voted no because he felt the bill for contact lenses was not a legal obligation of the City. Vouchers #3778 #3880 Current Fund #3778 #3834 7,693.30 Park Fund #3835 #3845 393.20 Emer. Empl. #3846 3.30 Street Fund #3847 #3858 3,816.09 Water Fund #3859 #3869 15,527.73 Sewer Fund #3870 #3880 7,069.45 Total $34,503.07 MOVED BY HARRIS, SECONDED BY DAVIS, TO AMEND THE AGENDA TO INCLUDE ITEM 5.d. AT THIS TIME. CARRIED. Councilman Johanson questioned the date of the message as to is timeliness in being submitted to the Council within 10 days. Mayor Todd stated the record will show the letter was submitted in time as it was receiv- ed by the City Clerk on September 13, 1974. He stated Council President Traynor was aware of that action at the time. Councilman Johanson stated the proper action is to submit it to the Council. Why was it not sub- mitted at the last meeting? Mayor Todd replied were this ordinance adopted under the rules of the Council procedures just recently approved by the Council, there would be no way to submit a veto on any legis- lation within 10 days with regular meetings being every two weeks. Councilman Johanson stated he could appreciate that fact, but we are not currently operat- ing under the new procedures. He then asked Councilman Traynor if he had been notified of the veto prior to last Friday. Councilman Traynor replied yes. MOVED BY STERLING, SECONDED BY JOHANSON, THAT THE COUNCIL OVERRIDE THE MAYOR'S VETO OF ORD. #883, AND THAT THE ORD. #883 BE PASSED.* Mayor Todd requested the veto message be read into the record before voting. Coun- cilman Sterling read the Mayor's letter of veto dated September 13, 1974. *CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT COUNCIL- WOMAN DAVIS BE EXCUSED. Councilwoman Davis was ex- cused at 8:20 P.M. TUKWILA CITY COUNCIL MEETING September 23, 1974 Page 2 ORDINANCES AND RESOLUTIONS Cont. Res. #451, Authorizing execution: water agreement with Mario A. Segale Proposed ordinance Amending Title 18 of T.M.C. re: Board of Adjustment functions Special Meeting Board of Adjustment proposed ordinance Ord. #882, Reconsideration of Marine Safety Div. Ord. #887, Transfer of funds Water line rehabili- tation at Newton Bridge S ?8 MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution authorizing execution of a water supply agreement with Mario A. Segale and then read the proposed agreement, Attachment "A MOVED BY STERLING, SECONDED BY TRAYNOR, TO APPROVE RESOLUTION #451 AND ATTACHMENT "A CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, TO TABLE TO OCTOBER 14, 1974 COUNCIL MEETING.* Gary Kucinski, Planning Director, asked the reason for the Motion to Table. Councilman Traynor stated he had been confused as to which ordinance was being considered. *MOTION AND SECOND WITHDRAWN. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance amending Title 18 of the Tukwila Municipal Code grant- ing to the Board of Adjustment certain functions which have previously been performed by the Planning Commis- sion. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PRO- POSED ORDINANCE BE ADOPTED AS READ.* Councilman Tray- nor questioned Section 7 which appeared to give the Board authority to deviate from the Code without a variance. Gary Kucinksi, Planning Director, stated that is not the intent of that Section, that it states it is subject to the provisions of the Title. Coun- cilman Johanson questioned "unnecessary hardship or practical difficulty" as being new terminology. Gary Kucinksi explained this is common terminology in variance language and is the same wording as is includ- ed presently in the Municipal Code. Councilman Johan- son questioned the restrictions of places of public assembly as to whether they are more or less restric- tive than the terms set forth in this ordinance. Gary Kucinski stated the restrictions do not apply in the same way and that this provision is concerned only with the procedures. This language is also the same as has been the Code for many years. Attorney Parker asked if the parking requirement reduction has been included in this new ordinance. Gary Kucinski replied yes. Councilman Gardner stated he was not prepared to vote on this proposed ordinance tonight. Councilwoman Harris stated in light of the questions raised on some of the language in this ordinance, perhaps the Council should meet in committee with the Planning Director to iron out some of the terminology. *MOTION FAILED, WITH TRAYNOR AND SAUL VOTING YES. MOVED BY STERLING, SECONDED BY SAUL, THAT THE COUNCIL HOLD A SPECIAL MEETING THURSDAY, SEPTEMBER 26, AT 7:00 P.M. TO DIS- CUSS THE BOARD OF ADJUSTMENT ORDINANCE. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, TO TABLE TO OCTOBER 14, 1974 MEETING OF THE COUNCIL. CARRIED. Councilwoman Harris stated the Council is limited to the subjects for which Executive Sessions can be held and this matter is not included; she stated this ex- planation is in reply to a request for an Executive Session by the members of the Marine Safety Division. MOVED BY TRAYNOR, SECONDED BY GARDNER, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read pro- posed ordinance transferring funds from the Strander Bridge and Extension Fund to the Water Fund to rehab- ilitate the waterline on the Lois T. Newton Bridge. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT ORD. #887 BE ADOPTED AS READ.* Councilman Saul asked why such a new Bridge would need this repair. Steve Hall, Public Works Director, explained the deflection of the joint beneath the Bridge caused damage and the water line collapsed. This was beyond the guarantee period TUKWILA CITY COUNCIL MEETING September 23, 1974 Page 3 ORDINANCES AND RESOLUTIONS Cont. Ord. #887 Cont. Ord. #888, Transfer of funds Paving parking lot at new Fire Station EXECUTIVE SESSION 8:50 P.M. 10:15 P.M. of the Bridge by about two weeks. We need to have additional stabilization and complete reconstruction of the water line. Councilman Sterling asked about the money left in this Bridge Fund. City Treasurer, Mae Harris, replied there will be about $15,000 left in the Fund after this expenditure. She stated the Council must allocate the money elsewhere to get it out of the Bridge Fund. It has been invested up to this point. Councilman Sterling stated it seems a waste of money to have the funds sitting there after the Bridge has been completed for over a year. Steve Hall stated the City was awaiting a solution to the right -of -way problem after completion of the Bridge which was just recently resolved. He suggested the funds be transferred to some use in the 1975 proposed budget. *CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read pro- posed ordinance transferring funds from Current Fund to City Street Fund for the purpose of paying for park- ing lot paving at the Fire Station on Andover Park East. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ORD. #888 BE ADOPTED AS READ. CARRIED. MOVED BY JOHANSON, SECONDED BY HARRIS, TO AMEND THE AGENDA TO CONSIDER ITEM 9.a. AT THIS TIME.* Council- man Saul asked why. Councilman Traynor stated there are people in the audience waiting to discuss gambling and other items on the Agenda. We should discuss these items first so that the audience can go home be- fore holding an Executive Session. *CARRIED, WITH TRAYNOR AND SAUL VOTING NO. Mayor Todd excused the audience in order that the Council, City Clerk and Mayor may meet in Executive Session to discuss personnel. Mayor Todd called the meeting back to order with all Council Members present as previously listed. Councilman Traynor read a state- ment from the Council as follows: The Council is not able to offer a conclusive statement in regard to the dismissal of Jack Lewis because of the lack of infor- mation from the Administrator's office. The Council is very disappointed with the response we received from the Mayor and the City Clerk to assist us in our inquiry of this matter. Mayor Todd stated his inter- pretation with regard to the separation of an employee and especially in regard to his personnel file is that he needs permission under the law to reveal anything that pertains to Mr. Lewis' personnel file. He stated he asked Mr. Lewis if he would sign a letter allowing discussion of his personnel records and the reason for his separation as an employee from the City with the Council. Mayor Todd then asked Jack Lewis, who was present in the audience, if he were willing to do so. Jack Lewis replied no, sir. Mayor Todd stated then to discuss this matter any further would be in violation of R.C.W. 42.17.310. Councilman Johanson stated the primary reason for the Executive Session was to invest- igate the charges of a public letter issued from the City Clerk's office which seems to take it out of the realm of the personnel file. He stated that particu- lar R.C.W. alludes to the general public and he does not consider the Council as being general public. Councilwoman Harris stated the letter of dismissal con- tains certain allogations against a person who as far as the Council knows has given loyal and devoted ser- vice to the City. She stated the charges are not specific and unsubstantiated and they have now been made public. She stated it is unfair to make such TUKWILA CITY COUNCIL MEETING September 23, 1974 Page 4 EXECUTIVE SESSION DISCUSSION Cont. CORRESPONDENCE AND CURRENT BUSINESS Discussion: Gambling Letter: Park Board request for funds for lights in the City Park OLD BUSINESS Bid award Source metering monitoring at So. 180th Andover Park S 80 statements and when Council holds Executive Session to discuss the dismissal of an employee as we are author- ized to do, we cannot complete our task in regard to our inquiry because we have been denied the information and cooperation. This is a detriment to Mr. Lewis as far as future employers are concerned because that letter is public and may be made available to his fu- ture employers. Mayor Todd stated he was not aware that the letter furnished to Mr. Lewis had been made public. He stated the specifics were intentionally left out of the letter to maximize the protection to Mr. Lewis. To this date, Mayor Todd stated Mr. Lewis has not come to him for an appeal nor has he made any attempt to discuss it. Mayor Todd stated he has offer- ed Mr. Lewis that opportunity and offers it again at this time. If Mr. Lewis desires this be discussed fur- ther, then he must sign a release to protect himself and the City. In addressing Mr. Lewis, Mayor Todd stated when the information he has is revealed Mr. Lewis will be more than happy to end the discussion at that point. Councilman Johanson asked Mayor Todd to strike a comment. Mayor Todd stated all of his com- ments are for the record and he will not strike any of them. Mr. Gene Ives asked who hired Mr. Lewis. City Clerk Shirlee Kinney replied she did. MOVED BY HARRIS, SECONDED BY JOHANSON, TO TABLE THIS AGENDA ITEM TO THE MEETING OF OCTOBER 21, 1974.* Councilwoman Harris stated she would like to wait until the official returns of the advisory ballot on gambling are issued from the Election Department. Discussion followed on the proper terms of continuing, tabling or postponing matters. *CARRIED. Mayor Todd read a letter from William Moore, Park Board Chairman, dated September 19, 1974 requesting funding for lights in the Park for pathways and the new tennis courts. He recommended the Council to con- sider this funding. Councilman Saul asked if there will be meters on the lights. Mr. Moore replied no, the Park should be free to anyone to enjoy and that meters will cause other problems. He stated he found that to lease the lights would be more costly than to purchase them outright. Councilman Johanson asked what funding is available. Mayor Todd stated the Council can direct administration to research the funding and will provide an ordinance at the next meeting. Coun- cilwoman Harris stated this request has been presented to the Council several times in the past. She stated it is a legitimate request, the lights are necessary, and she endorses the project. She asked how soon the work would be started. Steve Hall stated this will have to go out for bids so we are about 45 days away from beginning the project. The City's crew will be able to do some of the work, but the project will be over $5,000. MOVED BY TRAYNOR, SECONDED BY SAUL, TO DIRECT AN ORDINANCE BE DRAWN UP FOR THE FUNDING OF LIGHTS FOR THE CITY PARK AND THE ORDINANCE BE PRESENTED AT THE NEXT COUNCIL MEETING. CARRIED. Steve Hall, Public Works Director, read a letter to the Council dated September 17, 1974 recommending the award of Schedule A only in accordance with Mr. Timmerman's recommendation. He explained the grant will be pending the approval of DSHS. MOVED BY TRAYNOR SECONDED BY GARDNER, TO CONCUR WITH THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR. CARRIED. TUKWILA CITY COUNCIL MEETING September 23, 1974 Page 5 OLD BUSINESS Cont. Call for bids LID #24 NEW BUSINESS Claim for damages Marcia DeLorme AUDIENCE COMMENTS Opening of Andover Park West Thomas Forsythe Fall recreation programs ir Shirlee Kinney, City Clerk, explained this is actually a recall for bids since the Highline Times did not get the original call for bids published twice as required by law. Councilman Traynor read the call for bids notice. Councilman Johanson stated he felt the time should be changed as well to have the bids opened during the Council meeting. Steve Hall, Public Works Director, stated there are several plan holders who are assuming we are still operating under the old pro- cedures for this particular call for bids. Councilman Sterling asked the City Attorney if this is legal by calling for bids during the day at a time when the new procedures will be in effect. Attorney Parker stated there is some conflict here. The Council will be vio- lating its own ordinance by not opening the bids during a Council meeting. MOVED BY STERLING, SECONDED BY JOHANSON, TO APPROVE THE CALL FOR BIDS AS PRINTED, REGARDLESS OF FUTURE COUNCIL PROCEDURES. CARRIED. Police Chief John Sheets stated this claim for damages should be denied. MOVED BY SAUL, SECONDED BY HARRIS, TO REFER THE CLAIM FOR DAMAGES TO THE INSURANCE CAR- RIER FOR THE CITY.* Attorney Parker stated this has nothing to do with the insurance carrier and the claim should be denied. He stated the City Clerk should be instructed to send a letter to the attorney for the claimant advising him of the Council's action on the claim. Attorney Parker explained the situation which resulted in this claim and the claimant has since re- ceived her money. Councilman Sterling asked if this incident had been videotaped by the Police Department. Chief Sheets replied no, only drunk drivers are video- taped. *Motion and second withdrawn. Attorney Parker stated there are photostated copies of the check and where it was sent to be returned. MOVED BY STERLING, SECONDED BY JOHANSON, TO DENY THE CLAIM FOR DAMAGES SUBMITTED BY MARCIA DE LORME. CARRIED. Steve Hall announced the ribbon cutting ceremony on Andover Park West on Wednesday, September 25, at 3:00 P.M. Mr. Forsythe stated he has frequently made the state- ment that as the County Council representative to this area, he pledges his cooperation and assistance to the City Council, City staff and the citizens of Tuk- wila. We have now reached another plateau; the last election has determined who he would be working with for some time now. He stated he felt it appropriate now to pledge the assistance of himself and his office staff. As a resident of 14445 57th Ave. So., he stated he wished to suggest something that may improve rela- tions here. He stated it is very easy for Council to become emotionally involved on one side or another of a legal question and this is very common. Mr. Forsythe suggested the Council appoint an assistant City Attor- ney to give guidance on legal matters for the Council. With no reflection on the present City Attorney, he stated he felt there might be a certain amount of dis- trust from Members of the Council as to the validity of some of his decisions. Councilman Traynor urged the community to take advan- tage of the many activities available through the Parks and Recreation Department this fall. TUKWILA CITY COUNCIL MEETING September 23, 1974 Page 6 AUDIENCE COMMENTS Cont. Unofficial returns Gambling Councilwoman Harris read the unofficial returns from Tukwila residents on the gambling advisory ballot. On Proposition 1, punchboards and pull tabs, the re- sults were 232 yes and 211 no. On Proposition 2, card rooms, the results were 214 yes and 210 no. The absentee ballots have not been included in these figures. Ad -Hoc Committee on Councilman Sterling stated at the Ad -Hoc Committee's the Foster Golf Course meeting of Monday, September 16, it was decided to offer the Golf Course owners $2.355 million for a per- iod of 90 days and if they do not respond to that offer, then we will rescind the offer and let it drop. EXECUTIVE SESSION MOVED BY TRAYNOR, SECONDED BY HARRIS, TO ADJOURN THE 10:55 P.M. 11:50 P.M. COUNCIL MEETING TO EXECUTIVE SESSION TO CONSIDER THE 1975 FIREFIGHTERS CONTRACT. CARRIED. Mayor Todd excused the audience, and the Council met in Executive Session. City Clerk Shirlee Kinney was excused by the Council from the Executive Session at 11:10 P.M. Mayor Todd called the meeting back to order with all Council Members present as previously listed. ADJOURNMENT 11:51 P.M. Attest: MOVED BY JOHANSON, SECONDED BY HARRIS, THAT THE COUNCIL MEETING ADJOURN. CARRIED. W-d-e(? Frank Todd, Mayor 1 ,t//1 Y t F Cam(/ S fl ee A. Kinney, ,/City erk 5802