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HomeMy WebLinkAbout1981-10-06 Regular MinutesTUKWILA CITY COUNCIL October 6, 1981 Tukwila City Hall Council Chambers 7:00 p.m. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS Regular Meeting M I N U T E S Mayor Frank Todd led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, DORIS E. PHELPS, DANIEL J. SAUL. MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCILMAN JOHANSON BE EXCUSED FROM THE MEETING. MOTION CARRIED. OFFICIALS IN DON WILLIAMS, Parks Recreation Director; JACOB MACIAS, Block ATTENDANCE Grant Coordinator; PATRICK LOWERY, Police Chief; TED UOMOTO, Public Works Director; SHARON WYLIE, Administrative Assistant; MAXINE ANDERSON, City Clerk. REPORTS Mayor's Report CONSENT AGENDA Mayor Todd reported that the tremendous rainfall today caused many problems, but all were being worked out before a great deal of damage was done. Metro will now send a representative to the Transportation Com- mittee Meetings. A central bus facility and /or park and ride lot are being discussed. The proposed 1982 budget was delivered to him today. He will be working on it to balance it. The revenue shortfalls are ob- vious so it won't be an easy task. He expects Council to help on the decisions of what can be purchased. Approval of Minutes A. Approval of Minutes: August 25, 1981, Special Meeting Vouchers September 15, 1981, Regular Meeting B. Approval of Vouchers Claims Fund Vouchers #2019 #2176 PUBLIC HEARINGS Revenue Sharing Proposed Use Hearing Street Vacation: 54th Ave. So. Current Fund Golf Crse. Spec. Rev. Street Fund Federal Shared Rev. Land Acq, Bldg, Dev. Water Fund Sewer Fund Firemen's Pension LID 30 6.08 #2176 2019 -2134 31,974.34 2135 84.32 2136 -2148 13,273.83 2149 -2150 276.97 2151 657.70 2152 -2160 25,475.39 2161 -2172 9,674.92 2173 -2175 41.47 81,458.94 2017 -2018 VOID Per the legal requirements, Mayor Todd opened the Public Hearing on proposed use of Revenue Sharing Funds. Citizens were en- couraged to attend and make suggestions on the use of the funds. No comments were received from the audience. Mayor Todd closed the Public Hearing. Mayor Todd declared the Public Hearing open on a request to have the portion of 54th Avenue South lying between 166th So. 168th vacated. Anyone is invited to speak either for or against the request. Mr. Dwayne Hayes, 53rd Avenue South, explained that a petition requesting the vacation of 54th Avenue South was submitted to Council that was signed, not only by the seven property owners involved, but by all of the people in the neighborhood. The petition is not just to acquire property, but also to prevent future uses that the adjacent property owners might not approve of. TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1981 Page 2 PUBLIC HEARINGS Cont. Street Vacation 54th Ave. So. (cont.) Ordinance #1232 Vacating portion of South 168th lying easterly of 53rd Ave. So. Mayor's Report They do not approve of plans to make public access available. The platting of the street came at a time when it was viewed as a possible necessity to the development of the hillside. The freeway taking a portion of the hillside has left no real use for a street there. Mayor Todd called for additional comments from the audience. There being no more speakers, he declared the public hearing closed. Councilman Harris asked if there is a sewer line in the right of -way and was told ValVue has one. Mayor Todd suggested the cost of the property be reduced to compensate for the sewer line as was done on South 168th. MOVED BY SAUL, SECONDED BY HILL, THAT AN ORDINANCE BE DRAWN VACATING THE STREET AND HAVE IT ON THE AGENDA FOR THE NEXT COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL CONSIDER ITEM 9E AT THIS TIME. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. 3957 City Attorney Hard read an ordinance of the City of Tukwila, Wash., vacating that portion of South 168th Street lying easterly of 53rd Avenue South. MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE NO. 1232 BE ADOPTED AS READ.* Attorney Hard reported that there is an easement in favor of Puget Power for the south portion of this street vacation. He asked Council to amend Section 2 of the ordinance by adding "and that an executed easement, in favor of Puget Sound Power and Light, has been received by the City." At the time the property owners make their payment to the City they should also present the executed document. MOVED BY SAUL, SECONDED BY HARRIS, THAT SECTION 2 BE AMENDED BY ADDING "AND THAT AN EXECUTED EASEMENT, IN FAVOR OF PUGET SOUND POWER AND LIGHT HAS BEEN RECEIVED BY THE CITY." MOTION CARRIED. Councilman Bohrer asked if the ValVue sewer line crosses this piece of property. Mayor Todd says it follows the freeway fence. MOVED BY BOHRER, SECONDED BY HILL, THAT THE AMENDMENT FOR SECTION 2 BE CHANGED TO READ "AND THAT EASEMENTS, IN FAVOR OF PUGET SOUND POWER AND LIGHT AND VALVUE SEWER DISTRICT, HAVE BEEN RECEIVED AND RECORDED BY THE CITY." MOTION CARRIED. Councilman Bohrer was assured by the City Attorney that the process used to arrive at the total of the two assessments was in accordance with RCW 35.79.030. Section 2 should indicate both parties acquiring the land must compensate the City before the vacation becomes effective. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE WORD "ALL" BE ADDED TO SECTION 2, LINE 2, BETWEEN "UNTIL PERSONS." MOTION CARRIED. *MOTION CARRIED TO ADOPT THE ORDINANCE AS AMENDED. Mayor Todd introduced Mr. Mrs. G. John Doces. Mr. Doces has offered one of the large fountains at the Doces furniture store to the City of Tukwila. The Doces Company no longer operates the store at South 180th Street and Southcenter Parkway. TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1981 Page 3 REPORTS Cont. Mayor's Report MOVED BY HILL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ. MOTION CARRIED. Resolution 797 Accepting fountain from J. Doces OLD BUSINESS Upgrade the position of Recreation Supervisor NEW BUSINESS Claim for Damages City Attorney Hard read, in its entirety, a resolution of the City of Tukwila accepting a beautiful water fountain and ex- pressing appreciation to G. John Doces. MOVED BY SAUL, SECONDED BY HILL, THAT RESOLUTION NO. 797 BE AODPTED AS READ. MOTION CARRIED. Mayor Todd thanked the Doces' for the gift and presented Mr. Doces with an Outstanding Citizen Award and a key to the City. Mayor Todd said he would have the members of the Arts Commission present to discuss locations for the fountain. MOVED BY SAUL, SECONDED BY BOHRER, THAT THIS ITEM BE TABLED AND HANDLED THROUGH THE REGULAR BUDGETARY PROCESS.* Councilman Phelps read a memo from Don Williams, Recreation Supervisor, requesting that the upgrade be forwarded to the Council for consideration and that the condition requiring seven members to be present be reconsidered. This requirement is creating a hardship. ROLL CALL VOTE: SAUL YES HILL NO BOHRER YES HARRIS YES PHELPS NO *MOTION CARRIED: 3 YES, 2 NO. MOVED BY SAUL, SECONDED BY BOHRER, THAT ITEMS 8B AND 8C ALSO BE TABLED AND DISCUSSED DURING THE 1982 BUDGET REVIEW.* Mayor Todd noted that the City has had this particular position for many months and has not paid compensation. ROLL CALL VOTE: SAUL YES HILL NO BOHRER YES HARRIS YES PHELPS NO *MOTION CARRIED: 3 YES, 2 NO. Councilman Phelps stated that she felt it shameful to not recog- nize the efforts of this Department Head. Councilman Bohrer noted that there have been other requests for upgrades in the past two months. So far, there is no report from the Finance Director indicating 1982 budget projections. We feel revenue will not increase, but expenditures will go up. We need to wait until we have the budget review. Mayor Todd noted that this item has been under discussion for almost a year. Mr. Williams has been working in this position very satisfactorily. Councilman Saul said we don't know how much money we have. We are going to be on an austerity program along with everyone else. A claim for damages was filed by Pacific Northwest Bell. A backhoe, operated by an employee of the City, damaged a buried cable while digging a storm drain ditch. They claim the employee was negligent in this operation by failing to ascertain the location of the buried cable prior to excavation. Mrs. Sharon Wylie, Administrative Assistant, investigated the incident and TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1981 Page 4 NEW BUSINESS Cont. Claim for Damages (cont.) Proposed Budget Transfer Motion: Centralized Permit System recommended the Claim be denied because the cable was improperly buried. MOVED BY SAUL, SECONDED BY HILL, THAT THE CLAIM FILED BY PACIFIC NORTHWEST BELL, BE DENIED AND REFERRED TO THE INSURANCE CARRIER. MOTION CARRIED. Brad Collins, Planning Director, introduced a Budget Transfer in the amount of $1,762 to allow staffing for the Centralized Permit System. This also necessitates approval of the job descriptions for the position of Building Inspector and the Building Official. Councilman Phelps said the Finance and Personnel Committee re- viewed and amended the job descriptions to make them more compatible with the Centralized Permit System being developed. This request is to create a full paid position for an employee who is currently working under contract. The Budget Transfer Motion covers cost of the fringe benefits through the end of the year. Committee recommends approval. 3 VS7 Mr. Collins noted that the time added to the Building Inspector's position will be used on utility inspections. The Centralized Permit System is designed to give more on -site responsibilities to the Inspector. This person will monitor all of the permit activities for the City. We are making better use of the in- spector and, with a greater management of time, we will have greater productivity. The commitment to this position is necessary for the Centralized Permit System. In the last few years, we have been spending 80 plus hours on major permit activity. Prior to that, we were spending 10 to 40 hours. Considerable time was spent discussing a table Mr. Collins had prepared on building permits and inspection time. Mayor Todd noted that the tiltup concrete structures built in Tukwila did not require the amount of inspection time that a different type of structure would have. He also noted that outside inspections were used on many of the major jobs. Mr. Collins noted that a lot of new inspection duties are being added to this position under the Centralized Permit System. Either we go back to our old procedure or we move ahead -we are at that point. Councilman Phelps said the issue of the Building Inspector and Building Official came out of Committee with recommendation to approve. Councilman Bohrer clarified that, when this came to Committee, they were assured that the justification for this position existed. Based on this, he concurred with bringing it to Council for discussion. He did not say he recommended passing this. Until this evening, there have been no figures available for review. It is difficult to say that the case has been made to show we need the position. The building activity went down and the inspection hours went up. Mayor Todd noted that there are no past records available. Time management records are now being kept. Councilman Phelps said the whole purpose in this system is to make the City a little more efficient than it has been. RECESS: 8:30 p.m. -8:40 p.m. COUNCIL DECLARED A FIVE MINUTE RECESS. Mayor Todd called the regular meeting back to order with Council Members present as previously reported. TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1981 Page 5 NEW BUSINESS Cont. Proposed Budget Transfer Motion: Centralized Permit System (cont.) Mr. Collins noted that in past years, the Building Inspector had mostly warehouses to inspect. Today, there is a different type of structure. The complexity between an office building being constructed and a warehouse is considerable. Councilman Hill noted that Council has just turned down an in- crease in wages for one department. If we treat everyone the same, there is no sense in proceeding. If we can't do it for one, how can we do it for another. We do need the Building In- spector and we need to reorganize the department. We don't have to wait until budget time if the money is there, but Council owes it to the City employees to treat them all alike. Councilman Harris said the Committee has listened to Mr. Collins. It was her understanding that the employee was on the job and being trained. She has expressed the opinion that she does not like putting another person on full time. She thought he would remain a contract employee through the end of the year. Maybe plan checks should be sent out to free the Building Official for more inspections. She likes the idea of the Centralized Permit System. It is a good service for the developers. I feel the same about this that I do about the first one -the organization is fine but it could be done with the same amount of money. Mr. Collins said he doesn't know what the City's liability is in asking someone to work beyond their contract. Should the contract be renegotiated? The City maybe in an undesirable position. Attorney Hard said we need to review the contract. This person has significant responsibility. We want to be sure we understand potential liability. If a contract employee is negligent and something happens, the City is liable. You cannot contract away your liability. Mr. Collins said it is unlikely this employee is covered by City insurance. Councilman Harris said they were of the opinion this person was hired as a part time person to help with building inspections. If we didn't need him, he was not to work. Councilman Phelps said she knew the person was a contract employee. Mr. Collins said that he has a hard time assigning this employee responsibilities not covered in his contract. He does not want to put the City in jeopardy. If we are not going to go ahead at this point, we are certainly not going to save any money by going back and having the off site supervisors do the inspections. He would like to get moving forward on the permit system. Mayor Todd said his position is to serve the public as best we can for the least inconvenience and cost. The Central Permit System will not cost anymore money; it will expedite the process, make our piers more pleased with us and offer the opportunity to have a standardized, up to date sensible record system. This is what I was aiming for. He solicited Council support and ap- proval of this whole process. Councilman Phelps said that one of the Council goals was stream- lining the process for permits. It is unrealistic to think you can organize a permit system without reorganizing some of the staff. The only upgrade requested is for the secretarial position. Councilman Hill asked if it would cost us more money. Councilman Phelps said to make some streamlining to save money will cost a little bit along the way. Councilman Bohrer said it bothers him that we are making a simplification of things, making a process more efficient, but it is going to take more manpower to run it. The data given Council shows we have half the permit activity in terms of dol- TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1981 Page 6 NEW BUSINESS Cont. Proposed Budget Transfer Motion: Centralized Permit System (cont.) lars but are spending twice the amount of effort to service it. Mr. Collins explained that the Crew Chiefs, for doing inspections, bill their time out at $14.50 per hour. We are paying the contract employee $8.04 per hour. Mayor Todd said the legal question of the contract employee will be solved by the adoption of this proposal. Councilman Harris wanted to check with the Insurance Carrier to see if the part time employees are covered. No one ever bothered to check and see if he is covered and he has been doing the job for two years. MOVED BY PHELPS, SECONDED BY HILL, THAT COUNCIL APPROVE THE PROPOSED BUDGET TRANSFER MOTION AND APPROVE THE JOB DESCRIPTIONS FOR THE BUILDING OFFICIAL AND THE BUILDING INSPECTOR TO IMPLEMENT THAT PORTION OF THE CENTRALIZED PERMIT SYSTEM.* Mr. Collins explained that the reason there are two job des- criptions is to define the differences in their functions. Councilman Bohrer said the Council has been discussing only the Building Inspector; the rest of this hasn't been considered. When this came forward from the Committee, it was not for approval of the Centralized Permit System, it was for a decision on this one individual. Mr. Collins said he wanted to have all the positions here and this was his understanding. Only the Building Inspector position requires a budget transfer. Councilman Phelps said the Committee reviewed the Building Official and Building Inspector position. They have to work together. If we adopt the Building Inspector position, the Building Official's job has to be considered at the same time. Councilman Harris said she is in favor of the Centralized Permit System. It bothers her to find there might be a problem with the contract employee when he has worked for the City for two years. This should have been looked into a long time ago. Councilman Phelps said that has nothing to do with the position. We are discussing an individual on one hand and creating a job and implementing a portion of the Centralized Permit System on the other hand. She said she doesn't understand how Council can set a goal, then not give administration and staff the tools it needs to do the job. Mayor Todd reminded Council that the contract employee's position would be eliminated with the adoption of this plan. Attorney Hard said that by making this a full time employee, he will clearly be covered under the City's blanket insurance policy for the performance of his duties. He has not looked at the contract and doesn't know whether it is really a problem. Mayor Todd said we have proceeded this far at considerable ex- pense and with a lot of effort on the part of the people who are trying to make the system work. Councilman Phelps urged Council to consider this request to fund the Building Inspector position through the remainder of the year, to implement this portion of the Centralized Permit System, to make the changes to the job descriptions and adopt them tonight for the Building Official and the Building Inspector. Councilman Harris said we know we have to watch the funds. We are within a few weeks of being in the budget process. She said she is for the Centralized Permit System. She didn't realize until this evening that there was a question about the contract employee. This can go into the budget process like the Recreation Supervisor position. TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1981 Page 7 NEW BUSINESS Cont. Proposed Budget Transfer Motion: Centralized Permit System (cont.) RECESS: 9:50 p.m -10:00 p.m. Budget Transfer Motion No. 81 -10: Extra Labor, planner Resolution #798 Supporting Metro's proposed diversion of treated waste- water Budget Transfer Motion No. 81 -11: Additional funds to complete Block Grant Projects Budget Transfer Motion No. 81 -12: Additional funds to complete the 6 -year Park Plan Ordinance 1233 Relating to side- walk construction *MOTION FAILED. MOVED BY PHELPS, SECONDED BY HILL, THAT COUNCIL RECESS FOR TEN MINUTES. MOTION CARRIED. Mayor Todd called the regular meeting back to order. It was noted that Councilman Saul had left the meeting. Councilman Saul noted that in the normal hiring process, we go through the budgetary process. This request is a different approach than we have used before. I would just as soon see it done in the normal procedure. Mr. Collins explained that the contract employee is putting in full time work for the City, but he receives no benefits. He thought the City desired a Centralized Permit System to utilize his full time services and have him cover the utility inpsections. What this means is that we will not fully utilize the contract employee and the Public Works Department can contract with him for their inspections. We will be going in the opposite direction. Budget Transfer Motion No. 81 -10, in the amount of $4,680 is to allot additional Extra Labor to fund Planner (Fred Satterstrom) to continue the process for adoption of the proposed Zoning Ordinance. MOVED BY HILL, SECONDED BY BOHRER, THAT COUNCIL AUTHORIZE THE TRANSFER OF FUNDS AND APPROVE BUDGET TRANSFER MOTION NO. 80 -10. MOTION CARRIED. MOVED BY HILL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution of the City of Tukwila, Wash., supporting Metro's proposed diversion of treated waste- water from the Duwamish River into a tunnel reaching Puget Sound. MOVED BY HILL, SECONDED BY HARRIS, THAT RESOLUTION NO. 798 BE ADOPTED AS READ.* Councilman Bohrer said he agrees with the intent of the resolution. He suggested copies be sent to Kent and Auburn and ask them to consider adopting similar resolutions. Councilman Harris asked to have a copy sent to Metro, also. *MOTION CARRIED. Budget Transfer Motion No. 81 -11, in the amount of $2,000, is for additional funds to allow the block grant coordinator to complete a number of started projects. MOVED BY HILL, SECONDED BY HARRIS, THAT COUNCIL APPROVE BUDGET TRANSFER MOTION NO. 81 -11 IN THE AMOUNT OF $2,000. MOTION CARRIED. Budget Transfer Motion No. 81 -12, in the amount of $1,600, will allow additional funds to complete the 6 -year park plan. MOVED BY BOHRER, SECONDED BY HILL, THAT COUNCIL APPROVE BUDGET TRANSFER MOTION NO. 81 -12 IN THE AMOUNT OF $1,600. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance relating to sidewalk con- struction and amending ordinance nos. 1158 and 1217. MOVED BY HARRIS, SECONDED BY HILL, THAT ORDINANCE NO. 1233 BE ADOPTED AS READ. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING October 6, 1981 Page 8 NEW BUSINESS Cont. Proposed ordinance Fixing the amount of tax levies neces- sary to raise funds to meet the 1982 expenditures ADJOURNMENT: 10:25 p.m. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE FORWARDED TO THE NEXT REGULAR MEETING. MOTION CARRIED. THERE WAS NO EXECUTIVE SESSION HELD BECAUSE ONLY FOUR COUNCIL MEMBERS REMAINED. MOVED BY HILL, SECONDED BY HARRIS, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Pra■12 1441iLli".°°41 ic Clerk