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HomeMy WebLinkAbout1975-04-07 Regular MinutesApril 7, 1975 TUKWILA CITY COUNCIL 7:00 P.M. REGULAR MEETING FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL BID AWARD Asphalt paving machine M I N U T E S )/57 Tukwila City Hall Council Chambers Mayor Todd led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. GARDNER, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT COUNCIL- MAN STERLING BE EXCUSED. CARRIED. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT THE MINUTES OF THE REGULAR MEETING OF MARCH 17, 1975 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS, EXCEPT VOUCHER NO. 5366.* Councilwoman Davis stated she was concerned with Voucher No. 5373 for legal services rendered by City Attorney Wayne Parker, and she wondered if it was right at this time to pay for the Davis vs. Todd expenses on his billing. One of the factors of the case being argued is whether or not Wayne Parker should be their attorney and there could be a conflict of interest. This has not yet been decided by the judge. Mayor Todd asked what was meant by "their attorney" whose attorney? Council- woman Davis stated she wished to hold this matter until the Council can ask Mr. Hard for guidance on it. *MOVED BY DAVIS, SECONDED BY JOHANSON, TO DELETE VOUCHER NO. 5373 FROM PAYMENT TONIGHT. Council- woman Harris proposed an amendment to the amendment, stating there are certain portions of the Voucher that could be paid, such as the monthly retainer of $1,100 for March services. Councilwoman Davis suggested the bill be resubmitted for payment without these court expenses related to the Davis vs. Todd case. She asked if this would be inconvenient to do. Attorney Parker replied pay it as it is or the City is going to get sued at 9:00 tomorrow morning for the full amount of the bill. *MOVED BY HARRIS, SECONDED BY DAVIS, THAT THE FOLLOWING AMENDMENT TO THE AMENDMENT BE CONSIDERED:THAT THE VOUCHER NO. 5373 IN THE AMOUNT OF $2,550.25 BE REDUCED TO PAY THE MONTHLY RETAINER FOR MR. PARKER FOR $1,100.00; A CHARGE OF $35.00 ON MARCH 1, TUKWILA VS. GOVE; A CHARGE OF $105.00 ON MARCH 4, TUKWILA VS. GOVE; AND THE AMOUNT OF $5.00 ON MARCH 14, RECORDING OF KOLL DEED; AND THE BALANCE OF VOUCHER NO. 5373 BE CONTINUED UNTIL APRIL 21, 1975. *VOTE ON THE AMENDMENT TO THE AMENDMENT, CARRIED. *VOTE ON THE AMENDMENT, CARRIED WITH TRAYNOR AND SAUL VOTING NO. *VOTE ON ORIGINAL MOTION AS AMENDED CARRIED Vouchers #5335 #5439 Current Fund #5335 #5397, #5439 $32,629.72 Emer. Empl. #5398 #5401 198.03 Street Fund #5402 #5411 5,040.88 Water Fund #5412 #5423 10,925.28 Sewer Fund #5424 #5438 13,822.10 Total $62,616.01 LID #19 Rev. $113,253.57 Cash 113,253.57 LID #24 Rev. $742.76 Cash 742.76 LID #25 Rev. $872.50 Cash 872,50 Steve Hall, Public Works Director, read his letter to Council President Traynor dated March 19, 1975 with recommendations to award the bid to Cox Machinery Co. in the amount of $4,662.68 plus optional hydraulic beam in the amount of $450.00. MOVED BY TRAYNOR, TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 2 BID AWARD Cont. PUBLIC HEARING LID #21 FINAL ASSESSMENT ROLL Open Public Hearing: 7:20 P.M. Close Public Hearing: 7:25 P.M. Tow truck rates (Delete proposed ordinance, item 9.e.) SECONDED BY SAUL, THAT THE BID FOR ASPHALT PAVING MACHINE BE AWARDED TO COX MACHINERY CO. WITH OPTION PER PUBLIC WORKS DIRECTOR'S RECOMMENDATION.* Council- woman Harris asked if the hydraulic beam was a part of the bid. Steve Hall replied no, only this company has this particular feature. If we were to add it, it would save many man hours and would pay for itself in a very short time. Councilwoman Harris stated it then should have been written into the bid specifica- tions. Councilman Traynor stated if it had been, we then would have had only one bidder. Steve Hall stated the beam could be purchased outright if the Council does not want to include it with the bid award. *MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE MOTION BE AMENDED TO INCLUDE ONLY THE BID QUOTATION OF $4,662.68. CARRIED, WITH TRAYNOR,AND SAUL VOTING NO. *ORIGINAL MOTION CARRIED AS AMENDED. A verbatim transcript of the Public Hearing will be on file in the Office of the City Clerk as furnished by the court reporter present at the Public Hearing. Mayor Todd requested Councilman Gardner as chairman of the Public Works Committee to chair the Public Hearing. Councilman Gardner indicated he was not prepared to do so. Mayor Todd resumed the chairmanship and called for comments in opposition to the LID. There were no comments from the audience. Councilman Traynor requested Steve Hall, Public Works Director, to give a brief summary of LID #21. Steve Hall referred to a map showing size and location of the sanitary sewer LID. He stated no written protests have been received and the cost, which is 90% grant funded, is borne by the three property owners Upland Industries, Seattle City Light and Puget Western Mayor Todd asked if there were any reasons why the Council should not approve of the final assessment roll at this point. Steve Hall replied no. Mayor Todd called for audience comments. No comments were submitted. Mayor Todd closed the Public Hearing and asked for Council action. MOVED BY TRAYNOR, SECONDED BY JOHANSON THAT THE FINAL ASSESSMENT ROLL FOR LID #21 BE APPROVED. CARRIED. OLD BUSINESS MOVED BY TRAYNOR, SECONDED BY DAVIS, TO AMEND THE AGENDA TO INCLUDE AN ITEM OF OLD BUSINESS. CARRIED. Councilwoman Davis stated the Public Safety Committee reviewed the City Attorney's letter dated March 27, 1975. She stated Councilman Johanson had checked with other towing companies and asked him to report on his findings. Councilman Johanson stated Dick's Towing and Big B's Towing are at a level with or below those rates being charged by other companies in the area and they seem to be fair and equitable fees. Councilwoman Davis stated she felt this topic should remain in Committee, awaiting a copy of the City of Bellevue's towing ordinance, which the City of Tukwila has used as a pattern for its present ordinance. She stated the rates should be approved tonight but suggested a standard form be provided the towing companies to report their rates upon in the future. Discussion continued regarding policies and restrictions in other surrounding cities. MOVED BY DAVIS, SECONDED BY JOHANSON, THAT THE RATES REPORTED BY DICK'S TOWING AND BIG B'S TOWING BE ACCEPTED. CARRIED. TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 3 NEW BUSINESS Approval of Flood Insurance for City through HUD Council Motion #001, Payment of fee to post a bond Letter Benjamin McAdoo re: City Hall Architect fees Planning Dept. request Mayor Todd read a memo from Kjell Stoknes, Planning for change in capital Director, dated April 2, 1975 requesting substitute outlay account items be purchased from the capital outlay account. The items budgeted for 1975 are now found to be unnes- sary. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PLANNING DEPARTMENT REQUEST BE APPROVED. CARRIED. Notice of Award Fire Station Citizen letter Donna Charlton Mayor Todd announced receipt of a letter from the U.S. Dept. of Housing Urban Development (HUD) stating that builders, homeowners and developers may now apply for permits under the National Flood Insurance Act of 1968 effective April 2, 1975. The City of Tukwila has now been authorized as a participating community. Councilwoman Harris stated she had presented this Motion to the Council and read the Motion Authorizing the Expenditure of Funds in Payment of Fee to Post a Bond, in full. MOVED BY HARRIS, SECONDED BY GARDNER, THAT MOTION #001 BE ADOPTED AS READ. CARRIED. Council President Traynor read a letter from Mr. McAdoo dated April 2, 1975, enclosing a statement for services rendered to the City to date on the City Hall project. The letter stated the billing is for the difference between the A.I.A. recommended minimum fee and the amount already paid to him, which amount now due is $15,332.51. Council President Traynor stated this payment was denied by the Council as presented under Voucher #5366. Mayor Todd noted photographs of the Andover Park Fire Station and read the plaque of Award from the Washing- ton Aggregates and Concrete Association. A letter from the Association dated March 10, 1975 announcing the State -wide award for "Excellence in the use of Concrete" in the tilt -up structures category was also read by Mayor Todd. Council President Traynor read a letter addressed to the City Council dated March 19, 1975 from Mrs. Donna Charlton. The letter states in part that Mrs. Charl- ton as a taxpayer is becoming "very upset at the means that are being taken to play political games at the expense of "Jon Doe" taxpayer." The letter cited examples of the current litigation pending involved in the grievance case and the expense of the Council's appointed attorney and of money spend already in the City Hall project and of the disagreement involving Mr. McAdoo. In conclusion, "How much of our tax monies are you prepared to throw away and still feel you have the faith of the people Councilman Johan- son stated he would like to point out that the whole point of the case is not to save the $2,000 worth of wages. Councilman Traynor stated it is not only the wages of these three people that are in jeopardy. If it is true that the mayor of a third -class city has the power to adjust salaries, then why does the Council have to approve salaries to start with. If he does not likewhat we approve, he could then arbitrarily change the budget to raise all the salaries. In essence, it is not just the $2,100 to raise the salar- ies; it could be a lot more. Mayor Todd stated he felt the Council is losing sight of the fact that the direction given the mayor was approved by approval of Resolution #365 which set up the Board of Arbitration; and in very plain language, the Resolution states that the decision of the Board is final and binding. In this case, the Board decided there was $2,100 in back pay and salary increases due in 1975 to three employ- ees. He stated he merely complied with this direction TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 4 NEW BUSINESS Cont. Citizen letter grievance case discussion Cont. Citizen letter M. E. Simonds Set Public meeting re: Underground utilities in the residential area STANDING COMMITTEE REPORTS Finance Committee: Bicentennial funding 1 170 from the Board and Resolution #365 under the authority of R.C.W. 35.33.121. He stated he did not foresee this being settled at the Council table. Councilman Traynor stated we are citing an R.C.W. regarding transfers of funds which does not specific- ally state salaries and if it did, he was sure there must be a reason for the Council to set the salaries in the budget in the first place. Councilman Traynor and Mayor Todd agreed to no further discussion. Council President Traynor read a letter from Mr. M. E. Simonds dated March 31, 1975 stating he received a copy of a letter addressed to the Council from Mayor Todd suggesting that the height of the fence at the South end of the Park be increased. Mr. Simonds sug- gested that a six -foot high fence running from the sidewalk at 65th Ave. So. along the full length of the boundary between the homes and the Park is the only way to eliminate the problem of trespassers. Attached to the letter was a letter of similar complaint dated April 29, 1973 signed by Mr. E Mrs. Phillips, Mr. E Mrs. Henke and Mr. Mrs. Merrick. Mayor Todd sup- ported Mr. Simonds' suggestion regarding the fence. Mrs. Phyllis Pesicka, Park Board, stated there was money for this in the budget for three years in a row, but now it has been taken out. Mayor Todd stated he would try to get a plan for financing together for the next Council meeting, with Council approval. Councilwoman Harris stated the Park Commission should have jurisdiction over this matter and they should report to the Council. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THIS MATTER BE REFERRED TO THE PARK COMMISSION FOR A RECOMMENDATION REGARDING THE INSTALLA- TION AND FINANCING OF THE FENCE. CARRIED. Steve Hall, Public Works Director, read his letter dated March 25, 1975 to the Council. The letter out- lined the three utilities involved which are nearing completion of the final design stage and Steve Hall suggested the Council hold an informal public meeting to discuss the first three phases of undergrounding to be constructed during this year. Steve Hall sug- gested the date of April 28, the Committee of the Whole meeting at 7:30 P.M. MOVED BY TRAYNOR, SECONDED BY SAUL, TO CONCUR WITH THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR TO HOLD AN INFORMATIONAL MEETING FOR THE PUBLIC REGARDING UNDERGROUND UTILITIES ON APRIL 28, 1975 AT 7:30 P.M. IN THE CITY COUNCIL CHAMBERS. CARRIED. Councilman Saul stated five Bicentennial signs have been placed on signposts leading into Tukwila declar- ing the City a Bicentennial Community. The money for this project had been donated by the Chamber of Commerce. Another project being planned is the sale of coffee mugs printed with the seal of the City of Tukwila. Councilman Saul announced the next meeting of the Bicentennial Committee scheduled for Tuesday, April 22, 1975 at 7:30 P.M. in the Fire Station. Councilman Saul announced a carnival at Tukwila Elementary School scheduled for May 9, 1975 involving many fund raising events. Also scheduled for May is a City -wide clean -up set on May 17 with the coopera- tion of the Public Works Department. TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 5 STANDING COMMITTEE REPORTS Cont. Bicentennial funding Cont. RECESS 8:07 P.M. 8:20 P.M. ORDINANCES FOR SECOND READING Ord. #921, LID #19/20 bonds for issuance sale Ord. #922, Establishing LID #27 //6/ MOVED BY DAVIS, SECONDED BY JOHANSON, THAT THE MEETING RECESS FOR TEN MINUTES. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously stated. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance establishing Consoli- dated Local Improvement District No. 19/20 and "Con- solidated Local Improvement Fund, District No. 19/20 and fixing the amount, form, date, interest rate, maturity and denominations of the Consolidated Local Improvement District No. 19/20 Bonds and directing the issuance and sale thereof to Foster Marshall Inc. of Seattle, Washington, by title only. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT ORDINANCE #921 BE ADOPTED AS READ. CARRIED. MOVED BY HARRIS, SECONDED BY DAVIS, TO BRING BACK TO THE COUNCIL TABLE THE SUBJECT OF LID #27. CARRIED. Councilwoman Davis proposed a Motion to read the proposed ordinance. Mayor Todd stated before this action is taken, the Council should determine whether the zoning stands as it is or whether it will be amended. Councilwoman Harris stated the Council did not act to reinstate the R -1 and R -A zoning, but voted to reconsider the Motion which was approved by Council to exclude R -A and R -1 zoning. The vote was to reconsider and it did not place those two zoned areas back into the LID. MOVED BY DAVIS, SECONDED BY SAUL, TO APPROVE THE AMENDED ORDINANCE AND TO DIRECT HARSTAD ASSOCIATES TO REDUCE THE SCOPE OF THE PROJECT AS FOLLOWS: (1) REDUCE THE SIZE OF UNDERGROUND STORAGE TO PUMPING RETAINAGE SUMP ONLY. (2) CONSTRUCT THE PUMP STATION TO SIZE TO ACCOMODATE FULL DEVELOP- MENT, ONLY INSTALLING PUMPS TO HANDLE PRESENT FLOWS. (3) IN CONJUNCTION WITH ONE ABOVE, ADOPT AN EXTEN- SION TO THE COMPREHENSIVE PLAN OF SOUTH 180th TO PROVIDE ADDITIONAL CAPACITY IN PIPES OR OPEN DITCHES FOR FUTURE STORAGE AS THIS LINE DEVELOPS.* MOVED BY HARRIS, SECONDED BY TRAYNOR, TO AMEND THE MOTION BY DELETING ITEM (3). Councilman Traynor stated we cannot adopt any extension to the Comprehensive Plan Councilman Saul proposed that funding be allocated to a new fund, the Bicentennial Park Fund, in the amount of $4,300.00. He stated the amount of the log cabin structure is $2,500.00 plus expenses related to that and the boat ramp and development of the Park itself. MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE CITY COUNCIL ALLOCATE $4,300.00 IN THE BICENTENNIAL PARK FUND.* Mayor Todd stated if the Motion passed, the Council would be presented with the appropriate ordin- ance at the next regular meeting. *CARRIED. Mrs. Phyllis Pesicka stated the Internal Revenue Service has refused non profit status to the National Bicentennial Committee for licenses for bingo as well as to the State Committee. Our only hope of getting a license to conduct bingo games is to file with I.R.S1 for non profit status and at the same time apply with the Gambling Commission in Olympia stating that our filing was pending. This would be just for one event. Mrs. Lutes stated the Senior Citizens group had made a quilt to raffle off that same day and if the Com- mittee gets the license, we will have that authority to raise some funds. TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 6 ORDINANCES FOR SECOND READING Cont. Ord. #922 Cont. Ord. #923, Allowing certain undergrounding requirements exceptions Ord. #924, Authorizing Board of Adjustment to consider variances re: underground utility installa- tions Proposed ordinance, Towing service dispatch office E storage lots ORDINANCES FOR FIRST READING Proposed ordinance, Transferring funds re: Reimbursement of disability payments for Fire- fighter Witters //6 .2 without public hearings, etc. At some time later, we can take care of this extension. Steve Hall stated other governmental agencies would have to be involved in approval of this extension as well. *AMENDMENT CARRIED, WITH TRAYNOR AND SAUL VOTING NO. *ORIGINAL MOTION CARRIED. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordi- nance ordering the improvement of a part of the City by constructing and installing a system of storm sewer lines and storm sewer lift stations all in accordance with Resolution No. 471 of the City Council of the City of Tukwila, Washington; establishing Local Im- provement District No. 27; providing that payment for said improvements be made by special assessments upon properties in said District especially benefitted thereby, payable by the mode of "Payment by Bonds;" and providing for the issuance and sale of Local Im- provement District warrants redeemable in cash and Local Improvement District bonds, by title only. MOVED BY JOHANSON, SECONDED BY TRAYNOR, THAT ORDINANCE #922 BE ADOPTED AS SUBMITTED. CARRIED. Ordinance #922 was passed with R -1 and R -A zoning deleted. Councilwoman Harris stated this ordinance was origin- ally presented to the Council on January 6, 1975 and is now coming out of the Community Affairs Committee with a "do pass" recommendation. MOVED BY HARRIS, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance amending Section 13.08.040 of the Tukwila Municipal Code and Ordinance No. 486 regarding utility undergrounding requirements allowing certain facili- ties to be excepted from Chapter requirements by the addition of a new Sub section (6), by title only. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT ORDINANCE #923 BE ADOPTED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance amending Section 13.08 .100 of the Tukwila Municipal Code and Ordinance No. 486 authorizing the Board of Adjustment to consider variances regarding underground utility installation requirements and establishing criteria for the grant- ing thereof, by title only. MOVED BY TRAYNOR, SECOND- ED BY SAUL, THAT PROPOSED ORDINANCE BE ADOPTED AS READ.* Discussion continued regarding wise use of the variances. Kjell Stoknes, Planning Director, stated all criteria would have to be found valid before any variance is granted. *CARRIED. MOVED BY DAVIS, SECONDED BY TRAYNOR, THAT PROPOSED ORDINANCE BE DELETED FROM THE AGENDA. CARRIED. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT PROPOSED ORDINANCE BE READ IN FULL.* Councilman Traynor asked what type of disability this was. Fire Marshal Jim Hoel replied Firefighter Witters had injured his ankle and foot to the degree that he would no longer be able to handle the job; he is disabled. Council- man Traynor suggested the Fire Chief look into the ranks to find other work for this man within the Department. Mayor Todd stated this is a decision of the L.E.F.F. Board and not of the City. He is now TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 7 ORDINANCES FOR FIRST READING Cont. Proposed ordinance, Disability payment reimbursement Cont. Proposed ordinance, Creating position of Deputy City Attorney RESOLUTIONS Proposed resolution, Reconfirming agree- ment re: HUD block funds for Community Development Proposed resolution, Retaining Walker Assoc. for aerial photographs /1 "3 under the L.E.F.F. Pension Act; the City was responsi- ble to pay him for the first six months of his disa- bility, which amounts to about $7,000.00. Councilwoman Harris asked for clarification on these monies being transferred. City Clerk Shirlee Kinney stated the disability for six months was paid out of the Current Fund for the Fire Department and now we must transfer money out of the Firemen's Pension Fund to reimburse the Current Fund for that period of time. Councilwo- man Harris stated she would like to make the point that the Superior Court made a decision that an injured uniformed employee can, if he is able to, do other work assignments in the department. *CARRIED. Attorney Parker read proposed ordinance transferring funds from the Firemen's Pension Fund to the Current Fund in the sum of $7,626.86. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker stated he could not read the proposed ordinance. Council- woman Harris stated she introduced the ordinance and would read it herself. Councilwoman Harris read pro- posed ordinance creating the position of Deputy City Attorney, prescribing duties therefore, and amending Ordinance No. 559, Section 1 and Tukwila Municipal Code 2.16.010; Ordinance No. 605, Section 2 (A) (B) (F) and Tukwila Municipal Code 2.16.020; Section 3, (B) (C) and Tukwila Municipal Code 2.16.030; adding new sections, and repealing Ordinance No. 605, Section 4 and Tukwila Municipal Code 2.16.040. Mayor Todd asked Attorney Parker if he had approved this proposed ordinance as to form. Attorney Parker replied no, it was in violation of R.C.W. 35.24.020. Councilwoman Harris stated the City Attorney's signature would not be required until the ordinance was read for the second time, which is April 21, 1975 Council meeting. Councilwoman Harris continued with the reading of the proposed ordinance. Regarding the last paragraph in which it states the ordinance shall take effect immediately, Councilwoman Harris stated this does not constitute this proposed ordinance as an emergency but if the Council passes the ordinance in its present form or as amended at the next meeting, then there is justification for it to become effective immediately that night, and that the effective date of five days after publication would not apply. Mayor Todd asked if this was an opinion of attorney or an opinion of Councilwoman Harris. Councilwoman Harris replied it is her opinion as far as what she has seen in other governmental agencies and the State Legislature. If it is good for them it ought to be good for us. MOVED BY DAVIS, SECONDED BY HARRIS, THAT PROPOSED ORDINANCE BE REFERRED TO THE COMMUNITY AFFAIRS COMMIT- TEE. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution reconfirming the agreement between the City of Tukwila and King County regarding planning for use and distribution of certain block grant funds under the Community Development Act of 1974. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT PROPOSED RESO- LUTION BE REFERRED TO THE COMMUNITY AFFAIRS COMMITTEE. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution retaining Walker and Associates, Inc., to prepare aerial photographs of the Tukwila TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 8 RESOLUTIONS Cont. Proposed resolution, Retaining Walker 8, Assoc. Cont. Proposed resolution, Recognizing U.S.T.M.E. as bargaining agent for non -union City employees Resolution #478, Authorizing graphics illustrator for Planning Dept. be hired by contract I planning area as stated and funded in the Planning Department budget. Councilwoman Harris stated she thought it was good that the Planning area has extended beyond the City limits, but that the Planning Depart- ment had had not direction from the City Council as to how much area should be included. MOVED BY HARRIS, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE REFERRED TO THE COMMUNITY AFFAIRS COMMITTEE. CARRIED. MOVED BY HARRIS, SECONDED BY DAVIS, THAT THE PLANNING COMMISSION WORK WITH THE PLANNING DEPARTMENT TO DEFINE A COMPREHENSIVE PLANNING AREA AND REPORT TO THE CITY COUNCIL. CARRIED. Kjell Stoknes, Planning Director, stated the Planning Commission has already approved the proposal as it now stands, as a general area without too much specificity. Councilman Johanson, Finance Personnel Committee chairman, requested the Council strike the proposed resolution from the Agenda since he would like to meet once again with the representation of the U.S.T.M.E. group. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE STRUCK FROM THE AGENDA TO MEET WITH U.S.T.M.E. REPRESENTATIVES. CARRIED. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed resolution granting the Planning Director the authority to expend professional services monies to hire a graphics person on a contractual basis and authorizing the Mayor to enter into a contract for such services for the City, by title only. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION #478 BE ADOPTED AS READ. CARRIED. Resolution #479, Councilwoman Harris stated this resolution is a substi- (Substitute resolution) tute resolution in place of the resolution submitted Terminating services at the previous Council meeting. MOVED BY HARRIS, of Benjamin McAdoo SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ IN FULL. CARRIED. Attorney Parker read proposed substitute resolution terminating the services of Mr. Benjamin McAdoo as architect for a City Hall /Police Station complex. Mayor Todd stated the resolution which was read at the previous meeting was not amended by any action that he was aware of by the Council. He stated he thought it had been amended by unauthoriz- ed action. There is nothing in the record that author- ized a second reading of what is purported to be a second reading of a resolution read once already. This is the first time this one has been read. Council woman Harris stated at the Committee of the Whole meet- ing last week, she had informed all Council Members present that she would be submitting a substitute reso- lution to the Council for consideration tonight. There was no objection at that time, and the Council has had this one to consider since last Thursday. Mayor Todd stated he only wished to get clarification; this could have some far reaching consequences and it is a serious decision of the Council. MOVED BY JOHANSON, SECONDED BY SAUL, THAT RESOLUTION #479 BE ADOPTED AS READ.* Councilman Traynor stated he really wondered if the Council is giving this gentleman a fair shake by not sitting down with him and telling him specifically what we want. Did we really do right by this gentleman? He stated he did not agree with the plans Mr. McAdoo has come up with as far as the designs are concerned. The question that is both- ering him in the back of his mind now is "is this really fair Councilman Johanson stated we only vi- sited two or possibly three architects, but we did receive a great deal of information and literature TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 9 RESOLUTIONS Cont. Resolution #479 Cont. Resolution #480, Execution of agree- ment re: Public Defender Services MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS CETA proposal re: Park personnel /las' from other different architects. He stated it was agreed that the specifications of the building would be arrived at before any formal agreement would be entered into. He stated he did not know why if a man submits a design, he would feel we are bound to use it. He stated in regard to the previous correspondence that he was unable to make the meetings at Mr. McAdoo's office and was unaware of what decisions came out of those meetings or who had actually attended them. All that he could say is that he is dissatisfied with the end result. Councilman Saul stated he was a member of the Planning Commission at the time it was discussed and we had determined there would be a campus -style building con- structed on Site 10. Mr. McAdoo's plans were not campus -style at all. This information was passed on to the Council and to Mr. McAdoo, but he designed a 90 -foot high single story building. This was not in the recommendation of the Planning Commission or of the Council or anyone else. He stated he had been to Mr. McAdoo's office three times and had questioned the plans then. Councilwoman Davis stated there were two other times the Council tried to get Mr. McAdoo to come out to meet with us. One time he stated he was not yet ready and the next time he was sick. There- after, to her knowledge, she stated there was never any correspondence trying to get together with us. She stated in her opinion, this is the only solution. Mayor Todd stated it was his observation that this action may be more serious than what the Council has contemplated. Referring to the March 24, 1975 Council meeting Minutes, he stated one Council Member is quoted as saying he was not sure we should have the Police Station on Andover Park East or whether we need it on the City Hall site. It would be difficult to prove that the Council had any conclusions to give direction to Mr. McAdoo with that kind of a statement. Councilwoman Harris stated the Committee of the Whole Minutes are not official records of the City. They are distributed for informational purposes only. Mayor Todd stated when the Council meets, the law requires they make minutes. Councilwoman Harris stated the Council procedures do not require it. *MOTION TO ADOPT, CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed resolution authorizing execution of an agreement with the City of Bellevue, the City of Bothell, the City of Kirkland, the City of Redmond, the City of Renton, the City of Issaquah and the City of Kent, to apply for grant funds with which to pro- vide public defender services, by title only. MOVED BY TRAYNOR, SECONDED BY DAVIS,THAT RESOLUTION #480 BE ADOPTED AS READ. CARRIED. Mayor Todd stated in conversation with the Parks Department and the Park Board, he noted that we have a lot of funds budgeted for Parks improvements but we have no manpower to take care of it. Mr. Caley of the CETA office stated he would try to provide the City three men for six months fully funded. This would seem to be what we need to get the Park play- ground equipment in place along with those other pro- jects this summer. He stated he was informally re- questing Council approval to accept grant funding for the three positions. MOVED BY HARRIS, SECONDED BY TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 10 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. CETA proposal Cont. Mayor's letter re: Grant funds for residential water system Eleanor McLester Job analysis and equipment information re: City Hall project SAUL, THAT THE AGENDA BE AMENDED TO INCLUDE THIS ITEM. CARRIED. Councilwoman Harris stated that during the formulation of the City budget, the Council made its intent very clear to not go into the CETA program and that we wanted to keep personnel growth to an absolute minimum. She stated she thought this was also consid- ered at the time of budget discussions and denied at that time. Furthermore, she stated she felt the Coun- cil should not take any action on the matter without having prior notification. Mayor Todd asked when King County needed to be noti- fied of our decision regarding these men. City Clerk Shirlee Kinney stated Mr. Caley wanted a reply from the City tomorrow. Councilwoman Harris stated CETA does not work that way. Mayor Todd asked if Council- woman Harris was very familiar with the CETA program and if her job was CETA- or Federally- funded. Council- woman Harris replied she was on the payroll at King County as a regular employee. Mayor Todd again appealed to the Council to consider this proposal tonight because we need the people to do the work and there would be no cost to the City. This is an opportunity to get 1 1/2 man -years of labor at no cost to the City of Tukwila. Discussion contin- ued. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE MAYOR SUBMIT THIS REQUEST IN WRITING FOR THE APRIL 21, 1975 COUNCIL MEETING AGENDA. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE AGENDA TO INCLUDE A LETTER FROM MAYOR TODD. CARRIED. Council President Traynor read a letter from Mayor Todd dated April 4, 1975 requesting Council approval to seek out grant funds available to upgrade the resi- dential water system. Councilwoman Harris stated the Council made a policy statement regarding grant appli- cations that until an ordinance is presented, the Council would consider these applications on an item by item basis. She also pointed out that Council pro- cedures require that all items for the Agenda be sub- mitted to the City Clerk by 5:00 P.M. on the Wednesday prior to the regular meetings. We should abide by our procedures. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THIS ITEM BE CONTINUED TO THE APRIL 21, 1975 COUNCIL MEETING. CARRIED. Mrs. McLester stated she was happy that Councilwoman Harris had included "he or she" designations in the proposed ordinance regarding the Deputy City Attorney. She hoped that when the graphics illustrator is con- sidered that females would be interviewed. Councilwoman Harris stated on March 17, Administration was directed to provide the Public Works Committee and the Public Safety Committee with a list of equipment used by all Departments and a brief job analysis of each employee. There was a deadline of March 20 and to date, we have not received this information. This is in conjunction with the new City Hall and we are very anxious to get moving on it. Mayor Todd stated the City Council provided Mr. McAdoo with $7,200.00 of the taxpayers' money to submit a space needs study and all associated information from each Department. He stated he considered Mr. McAdoo to be an expert in this field and felt it would be best to submit to the Committees a copy of the space needs study. Mayor Todd stated he has done as good as he could in order to comply with the Council's request. Councilwoman Harris stated that is not what was requested. The TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 11 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. City Hall project discussion Cont. George Hill Council does not recognize the space needs study, and we are not going to use the material within it. We made two specific requests and they have not been accomplished. She asked Mayor Todd if he were then refusing to provide the information to the Council. Mayor Todd stated as far as he was concerned, he has already provided the very best that he could. Council- woman Harris stated the Council did not ask for Mr. McAdoo's space study. We asked for a list of equip- ment, job evaluations from each person working in the Clerk's office, the trailor, and the City Annex not a formal job description, just a brief analysis and the duties performed by them. The Council must have this information in order to proceed with City Hall. Mayor Todd asked why the Council paid $7,200.00 for something they were not going to use. Councilwoman Harris replied this was the decision of a previous Council. There is no Council action ever accepting the space needs study. Mayor Todd stated if that is the case, somebody owes the taxpayers $7,200.00 be- cause it should not have been paid for if it was not going to be accepted. He stated he would try to honor the Council's request as speedily as possible. He stated Councilwoman Harris seemed to think he had time to play these games, too, but he does not have that kind of time. Councilman Johanson stated it would only take about 10 or 15 minutes for each person to evaluate his job and write down just exactly what he is doing. We also need a list of the current equipment in the off- ices. Mr. Hill stated he hoped he did not understand the Council right. You are going to take every desk and chair, typewriter, duplicating machine and waste paper can and try to make out a space needs study? The Council? Councilwoman Harris stated this would not be a space needs study that we are embarking on at this time. That particular phase comes further on down the line, if at all. This is just preliminary information only that we are requesting. We want a list of equipment that is being used and we want a job evaluation of each person who is working in this building, the trailor, the City Hall Annex and the ad- ministrative staff of the Police Department, along with the number of officers. At this point, we are not making a determination of what the next step is until we evaluate this information. Mr. Hill stated he did not know there was expertise on the Council to take an employee and a job evaluation to make a space needs study or even determine how much space that person is going to need to do his job. Councilwoman Harris stated a professional person would do that job. We are just providing him with this information. Mr. Hill stated he thought that is what we had done the last time around. Councilwoman Harris stated this Council does not recognize Mr. McAdoo's product. Mr. Hill stated then in the next election, the next Coun- cil won't recognize what this one has done? Council- woman Harris stated we hope to have the building started and under construction by the end of the year. She stated there is a delay now because Administration has not supplied the information requested on March 17; and we also asked for job descriptions last Octo- ber and again in January and we have not gotten them yet. Mayor Todd stated the job descriptions were put together two years ago. The Council was not happy with them, so they took it upon themselves as recently as Mrs. Harris' term to interfere with the Administra tion to the point that now we have 90 employees who don't even know who their boss is. He stated he felt TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 12 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. City Hall project discussion Cont. Burton Lutes Marilyn Patton //68 every Member of the Council has impressed the employ- ees that they furnish the job descriptions, that the Administration's job descriptions were not any good. This is a Mayor /Council form of government and if it takes some law suits to get it back to that form, that is what action he would take. Councilwoman Harris stated she felt perhaps then there needs to be some clarification on what the Council policy is regarding the job descriptions. We had requested through Administration that each employee submit to his superior or department head his job description as he saw it. The department head would then evaluate this, revise it if necessary, and turn them over to Administration. Administration would consider them all and then submit them to the Council. The Council would then review them with outside professional expertise if necessary. This would result in direct input from the employees and department heads and Administration and it would not be the result of something done by somebody as was done two years ago, somebody who did not have intimate knowledge of the City. Mayor Todd referred to the March 13, 1975 Committee of the Whole meeting Minutes in which it was stated, "Councilwoman Harris stated she felt the Mayor should be instructed to obtain from each Department, the Mayor's office, the Clerk's office, Treasurer's office Planning Department, Public Works Department, Build- ing Department, Parks Recreation Department, Police Department, a description from each individual working in that department as to what space they need." This same information was furnished to Mr. McAdoo and the only change that has been made is that the space needs have increased with the addition of personnel. "What machinery and equipment they use and this information be supplied to the Committee." Now at the City Coun- cil Meeting, it was "MOVED BY HARRIS, SECONDED BY DAVIS, THAT THE CITY COUNCIL DIRECT THE MAYOR TO PRO- VIDE INFORMATION AS DISCUSSED TO THE CITY COUNCIL COMMITTEES BY MARCH 20, 1975." Based on that direc- tion, he stated he thought the Council had received the best information that is available to him. Mr. Lutes stated about 10 or 11 months ago, the Coun- cil promised that before the City Hall site was selec- ted, an advisory ballot would go before the residents of Tukwila. He requested to know what happened to that advisory ballot. Councilwoman Davis replied that Mr. McAdoo's studies that he gave us at that time really killed that because no one was happy with the product of either site. Mr. Lutes asked if the Coun- cil thought the residents were happy with nothing being done on either site. Councilwoman Davis stated the Council is going to try to get a City Hall and we have to move forward. Mr. Lutes stated we were promised an advisory ballot at the time we submitted those 400 petitions to the Council. Councilman Johanson asked who paid for those petitions. Mrs. Marilyn Patton replied that Mrs. Velma Lee paid for them. Councilman Johanson asked if the expense had come out of the coffers of the committee against the Council. Mrs. Patton replied no, it did not. Councilman Johanson stated it was reported on the public disclosure form. Mrs. Patton replied regard- less of that, we are still citizens. Councilman TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 13 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. City Hall project discussion Cont. Recall discussion Burton Lutes Eleanor McLester /W Johanson stated political motivation does make a difference. Mr. Lutes stated that was before the recall was ever started. Councilwoman Harris offered to show Mr. Lutes a copy of the financial reporting form filed with the public disclosure office by the Concerned Citizens Committee on the recall expenses. On the initial statement of organization, it is stated the original reason for forming was "opposed to the City Council" and there is a $15 expense to pay for the printing of petitions for the City Hall affair and it was paid to Mrs. Velma Lee out of the expenses of the Concerned Citizens Committee as a registered political committee to recall the Tukwila City Council. Mr. Lutes stated the Concerned Citizens Committee was not even formed until after the petitions were sub- mitted. Councilwoman Harris stated the Committee was formed and registered at City Hall in February, 1974. Later, the Concerned Citizens Committee did abide by the legal requirement to file with Olympia after a comment was made by herself to the City Clerk regard- ing this matter. Mayor Todd stated if we are going to talk about dis- closure statements, let's talk about the S.O.A.R. Committee statements which were supported by the two gambling interests in Tukwila. Councilwoman Harris requested the Mayor to bring in copies of what he was referring to as she intended to do,so that the news- papers could see them too. There was no subterfuge at all with the S.O.A.R. Committee, but there was with this so- called ballot. Mrs. McLester stated when the petitions were circulat- ed for the City Hall, no one came to the McMicken Heights addition. She had asked why they did not come to her house and Mr. Bauch, Mr. Pack and Mr. Ives stated no one had come to their homes either. She stated Mr. Lutes had a very valid question tonight and she personally would be very happy to handbill every house in the City of Tukwila and get a complete comprehensive advisory on a City Hall. She stated she would gladly volunteer to any effort to get a 100% citizen participation in a selection for a City Hall on a completely non partisan basis. Councilwoman Davis stated we are all very distressed at the tone of the meeting tonight and she felt we should all get together. We know we need a new City Hall, let's get our backs together and get the thing going. Mayor Todd stated the question is do you want the citizens to want to build it or do you want the citizens to back off and let the Council build it. Councilwoman Davis stated the Council Members represent the citizens of Tukwila. Mayor Todd stated perhaps, except for the 480 that signed the petitions. Councilwoman Harris stated the ballot was contingent upon Mr. McAdoo submitting plans and language within three months of the time that it was passed last year and he did not comply with that three -month period because it was known there was an effort to put it on the November ballot last year. At one Council meeting, some petitions were presented and the Council then decided to allow another week or two to submit more than 50% of the people who were registered voters, or perhaps it was the number of voters who voted in the previous election. Anyway, the number of petitions for Site 10 fell below the 500 required and some num- ber of voters stipulated. Mayor Todd stated Council- woman Harris had killed the O.M.C. proposed form of TUKWILA CITY COUNCIL MEETING April 7, 1975 Page 14 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. City Hall project government by 10o initiative petition. discussion Cont. Wayne Wimer Attest: 1170 Mrs. Lutes stated she would like to remind the Council that they allowed us 48 hours to get those signatures which did not allow us enough time to go over the whole City. And that was after the meeting was held at the Tukwila School and 95% of the people at that time voted for Site 10. Mr. Wimer stated he and his colleagues have established a law firm in the City. He asked what kind of input, if any, do the citizens have on the ordinance to appoint a Deputy City Attorney. Is the committee it has been referred to an open committee for the public to comment? Mayor Todd replied yes. Mr. Wimer asked when and where will the committee meetings be held. Councilwoman Harris replied the Community Affairs Committee would be meeting Wednesday at 5:30 P.M. in the City Hall Annex on Southcenter Blvd. and this proposed ordinance will be on the agenda this week. ADJOURNMENT MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MEETING ADJOURN. CARRIED. Frank Todd, Mayor Doris Phelps, Deputy City Clerk