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HomeMy WebLinkAbout1983-07-18 Regular MinutesTUKWILA CITY COUNCIL July 18, 1983 Tukwila City Hall 7:00 P.M. Council Chambers FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE REPORTS Mayor PRESENTATIONS Employee Service Pins CONSENT AGENDA OLD BUSINESS Proposed Resolution authorizing the Mayor to negotiate contracts with cer- tain utilities to use City Hall as a Pay Station *MOTION CARRIED. Regular Meeting M I N U T E S 39.E Mayor Van Dusen led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. GEORGE D. HILL, LIONEL C. BOHRER, MABEL J. HARRIS, Council President; DORIS E. PHELPS, JOE H. DUFFIE, EDGAR D. BAUCH, WENDY A. MORGAN. DANIEL D. W00, Deputy City Attorney; MAXINE ANDERSON, City Clerk; Brad Collins, Planning Director; ALAN DOERSCHEL, Finance Director; PATRICK LOWERY, Police Chief. Mayor Van Dusen reported that construction on the Water Line Pedestrian Bridge should begin on July 19 and should be in place by the 30th. The Grady Way Bridge project will go out for Call for Bids on August 1. Completion is scheduled for January, 1986. The Boundary Review Board has tabled discussion on the Foster Park annexation to their September 8 meeting. Council President Harris noted the death of past Council Member Dwight Gardner. Mr. Gardner served 14 years as a Councilman. Mayor Van Dusen presented five year employee service pins to: Sandy Stauffer, Police Evidence Technician with the Police Department, and Sally Harris of the Public Works Maintenance Dept. Sally was unable to attend the meeting. A. Approval of Minutes: June 20, 1983, Regular Meeting (held from the July 5 agenda) July 5, 1983, Regular Meeting B. Approval of Vouchers Claims Fund Vouchers #15274 #15363 Current Fund 17,400.40 Golf Crse. Spec. Rev. 28,881.95 Street Fund 20,350.04 Arterial Street 1,362.00 Federal Shared Rev. 330.60 Land Acq, Bldg, Dev. 9,066.48 Water Fund 36,591.84 Sewer Fund 28,270.79 $142,254.10 C Final acceptance of the Tukwila Community Center Rehabili- tation Project. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY BAUCH, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY.* MOVED BY PHELPS, SECONDED BY DUFFIE, THAT THE RESOLUTION BE READ IN ITS ENTIRETY. MOTION CARRIED. Attorney Woo read, in its entirety, a resolution of the City of Tukwila, Wash., authorizing the Mayor to negotiate contracts with certain utilities for use of Tukwila City Hall as a pay station. TUKWILA CITY COUNCIL, REGULAR MEETING July 18, 1983 Page 2 OLD BUSINESS Cont. Proposed Resolution Authorizing the Mayor to negotiate contracts with cer- tain utilities to use City Hall as a Pay Station (cont.) Allentown annexation policy issues NEW BUSINESS Change agenda Ordinance #1294 Fixing the amount of compensation for the position of Mayor MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ.* Alan Doerschel, Finance Director, explained that he talked to the State Auditor and this proposal may be illegal. The pay station must, at least, break even. The City cannot subsidize private business. Further, it may be illegal to be a trustee for an outside, private agency. Under any circumstances, the Auditor will have a problem and probably file an adverse report if there is not a break -even situation. The report prepared by Mr. Doerschel shows a cost to the City each month. The Auditor will check further on this. Councilman Phelps suggested that he ask for an Attorney General's opinion. MOVED BY BAUCH, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE TABLED UNTIL THE FINANCE DIRECTOR HEARS FROM THE STATE AUDITOR. MOTION CARRIED. *MOTION FAILED. MOVED BY MORGAN, SECONDED BY HARRIS, THAT COUNCIL ACCEPT THE POLICY ISSUES AS STATED. MOTION CARRIED. MOVED BY MORGAN, SECONDED BY DUFFIE, THAT THE AGENDA BE AMENDED TO CONSIDER ITEM 9D (ADMINISTRATIVE FORM OF GOVERNMENT) AT THIS TIME* MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE MOTION BE AMENDED TO CHANGE THE ORDER OF CONSIDERATION TO BE D -2; THEN D -1. MOTION CARRIED. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ IN ITS ENTIRETY. MOTION CARRIED. Attorney Woo read, in its entirety, an ordinance of the City of Tukwila fixing the amount of compensation for the position of Mayor, and repealing part of Ordinance #1102. MOVED BY HARRIS, SECONDED BY PHELPS, THAT ORDINANCE NO. 1294 BE ADOPTED AS READ.* MOVED BY HARRIS, SECONDED BY MORGAN, TO AMEND THE ORDINANCE BY REVISING SECTION I TO READ $1,133 PER MONTH. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HARRIS, TO AMEND THE ORDINANCE FURTHER TO ADD AT THE END OF SECTION I "FOR THE TERM OF OFFICE. Mr. Jerry Knudson, 6421 So. 143rd Pl., asked if Council is not going to make the Mayor's position full -time? He felt, after the election on. form of government, that the people would like to see a full -time Mayor. Councilman Phelps noted that the Mayor is now a full -time Mayor. This ordinance is to set the pay for the position. The Mayor sets his own hours. Councilman Hill said the Mayor can delegate the duties but not the responsibilities. Mr. Knudson said he would like to see a full -time Mayor's posi- tion in Tukwila. He would like to elect the person who is going to run the City. This person would be more responsive to the needs of the citizens. If a salary is created to compensate a person for giving up his occupation for four years, we can do well and satisfy our immediate needs. TUKWILA CITY COUNCIL, REGULAR MEETING July 18, 1983 Page 3 NEW BUSINESS Cont. Ordinance #1294 Fixing the amount of compensation for the position of Mayor (cont.) Mr. Al Pieper, 17083 53rd Ave. So., said that he felt the election on the form of government illustrated that the people want to retain control of electing the Mayor. A person with no management skills who gets elected to the Mayor's position should not all of a sudden be called a manager and receive a high salary. If we are going to pay someone for management, we should require that they have the skills. Because someone receives more votes does not qualify them as a manager. Mr. John Schwarzmann, 16251 52nd Ave. So., said that he fol- lowed the election closely and 3 to 1 people were in favor of the Mayor type of government. He can't believe there is no one in Tukwila qualified to run for the position of full time Mayor. An outsider would have no feeling for the citizen's wishes. Council President Harris explained that when the people voted, they voted to not have a City Manager. Mr. Schwarzmann said that no one can come in and run a City for $1,100 a month and put in the full time that is required. He said he thought the citizens want an elected official, and if you have to pay him $40,000 a year to do the job, then do it. Councilman Duffie said he was under the assumption that the election was to tell Council what type of government the citi- zens want. Councilman Phelps reviewed the procedure taken since the Mayor and Council got serious about discussing the topic now under discussion. She said she has spent a lot of time studying this issue. While she supported the City Manager form of government, the citizens did not. They showed they wanted personal con- tact with the Mayor and wanted to vote directly for him or her. They wanted a clear separation of executive and legislative powers in the City. With the proposal on tonight's agenda, the citizens retain these benefits. 3q35 Mr. Dave Larson, 14244 55th Ave. So., said they were given the opportunity to decide that they didn't want a City Manager. Now, Council is taking it in their own hands to decide what the citizens do want. The simplest solution would be to have another vote and let the citizens choose what form of government they want. Councilman Bohrer said the State Law assigns to Council the responsibility for establishing the City Budget. However, they cannot set the hours of the Mayor. The citizens haven't the power to adopt a budget. Mr. Larson asked why Council can't put it before the citizens to vote for a full time Mayor at an appropriate salary. Council is not giving the citizens the opportunity to choose the kind of government they want. Councilman Bohrer said this issue has come up a number of times. The experience has been that the positions of people change, not depending on the issue, but rather upon the personality of the current recipient of the office. Council has tried to consider this issue independent of any current, past, or future individual who might be the Mayor. Council President Harris said Council is keeping the Mayor form of government. The only difference in a full time Mayor and a part time Mayor is the salary. A full time Mayor could spend a small number of hours in the office; so could a part time Mayor. The salary being set tonight is the llth or 12th highest Mayor's salary in the State. We are attempting to give the people the TUKWILA CITY COUNCIL, REGULAR MEETING July 18, 1983 Page 4 NEW BUSINESS Cont. Ordinance #1294 Fixing the amount of compensation for the position of Mayor (cont.) Mayor they can talk to and give the Mayor an Administrator to do the office work. We are trying to give Tukwila the very best form. Mr. Larson, again, asked why Council doesn't give the citizens the opportunity to decide. He said he wanted a Tukwila person doing the full time Mayor's job. He said Council should put an advisory ballot before the citizens. He asked why Council doesn't pay attention to the citizens. Councilman Bauch commented that every December, Council holds the Public Hearing on the annual budget. For many years, the Mayor's salary has been discussed. In the past few years, there has not been anyone in the audience to testify on the budget. Councilman Hill noted that the election on the City Manager form of government was 282 against and 90 for. This form had to go to the citizens to decide; there are others that don't. They can be decided on by Council. In this case, 282 people said they do not want a professional running the City; we want to do it ourselves. Mr. Glen Anderson, 14475 56th Ave. So., asked who is going to appoint the City Administrator. Council President Harris said the Mayor. Mr. Anderson asked how you get rid of him. Council President Harris said discuss it with the Mayor. Mr. Anderson suggested the City send out a flier to the citizens asking them about the form of government they desire. Councilman Phelps said the Administrative Assistant is required to have some type of education, certain minimum requirements and experience on the job before he is hired. The Department Heads and City Administrator report directly to the Mayor. The position requires confirmation by the Mayor. In no way does the City Ad- ministrator replace or substitute for the Mayor. There is more to being a Mayor and even a City Councilman than responding to the citizens. Mr. Anderson said he would like Council to ask the people if they want a City Administrator, and Administrative Assistant or a full time Mayor. Mr. Jerry Erskine, 15316 So. 144th asked the Mayor if there is a City Administrator, will he hire and fire him. Mayor Van Dusen said yes. Mrs. Barbara Simpson, 14216 57th Ave. So., said people who live here voted for one system and Council, through the budget, is implementing a different system. I would like someone who we elect to perform the duties of Mayor and to administrate the City. This is what the people asked for. Coincil President Harris noted that during the public meetings Council held on the form of government, the citizens were invited, but no one came. We are trying to get the best administration we can for the money. Mr. Schwarzmann said there is no communication -not very many people read the Hazelnut. Mr. Knudson said these citizens feel strongly in what they be- lieve and they don't feel they are being listened to. They showed it when they voted on the City Manager form of government. We are here now, so please listen to us. Mr. Gordon Bentler, 14474 56th Ave. So. asked why Council can't send out a flier to tell people what is going on. There is a lack of communication. TUKWILA CITY COUNCIL, REGULAR MEETING July 18, 1983 Page 5 NEW BUSINESS Cont. Ordinance #1294 Fixing the amount of compensation for the position of Mayor (cont.) Ordinance #1295 Creating the position of City Administrator Mayor Van Dusen said they all reocgnize this. Councilman Bohrer said Council does listen to the citizens. The form of government being considered will be more responsive to them than the full time Mayor form. The job of being Mayor is being one person with a lot of responsibility. There will not be a large number of residents in the City who will want to accept that responsibility as a full time Mayor. He is expected to be in the office 8 hours a day and to give up his current job and career. What happens in four years if he is not re- elected? Can you go back into your career? You will find more willing people if the job is part time and has a City Administrator to carry out the directives. Council is attempting to provide a strong right arm to help the Mayor accomplish what he wants to do. This will make the office more responsive to the citizens. Mr. Calvin Anderson, 1818 So. Weller, Seattle, said he grew up in Tukwila and his father served on the City Council. You had an election that said the citizens want to stay with the current form of government. He urged Council to leave it the way it is. ROLL CALL VOTE (ON THE AMENDMENT): HILL No BOHRER Yes HARRIS Yes PHELPS No, it closes off options for the Council DUFFIE No BAUCH No MORGAN Yes *MOTION FAILED: 4 No; 3 Yes. ROLL CALL VOTE (ON THE ORIGINAL MOTION AS AMENDED): HILL No BOHRER Yes HARRIS Yes PHELPS Yes DUFFIE No BAUCH Yes MORGAN Yes *MOTION CARRIED: 5 Yes; 2 No. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ IN ITS ENTIRETY. MOTION CARRIED. Attorney Woo read an ordinance of the City of Tukwila, Wash., creating the position of City Administrator. MOVED BY BAUCH, SECONDED BY BOHRER, THAT ORDINANCE NO. 1295 BE ADOPTED AS READ.* MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE ORDINANCE BE AMENDED TO READ AS FOLLOWS: Section 2. The Mayor shall appoint, with confirmation of of the City Council, and the Mayor shall remove the City Administrator. Section 3. The City Administrator shall be required to sign a contract with the City of Tukwila which covers detailed terms of employment, including, as a prerequisite to em- ployment by the City, to agree to reside in the City during his term as City Administrator. Councilman Hill asked who would draw up the contract? Councilman Phelps said Administration and Council would decide what kind of benefits would be included. Attorney Woo said the Council could approve the contracting providing it does not take away from the powers of the Mayor. 39137 TUKWILA CITY COUNCIL, REGULAR MEETING July 18, 1983 Page 6 NEW BUSINESS Cont. Ordinance #1295 Creating the posi- tion of City Ad- ministrator (cont.) 9:40 P.M.- 9:55 P.M. Resolution #874 Authorizing the expend. of City funds to study partic. in PSCIA Councilman Bohrer asked if that would not be impossible for Council to do since it would be a violation of State Law. Attorney Woo said, yes. Councilman Phelps said the title "Chief Administrative Officer" in the first Whereas bothers her. Attorney Woo said that is the language stated in the State Statute. Councilman Bohrer suggested that "Chief Administrative Officer" be replaced by "City Administrator." *MOTION CARRIED WITH DUFFIE VOTING NO. Councilman Bohrer asked if the Administrative Officer would have the same powers as a City Manager. Attorney Woo said, no, by statute he can't. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE FIRST WHEREAS BE AMENDED TO SUBSTITUTE CITY ADMINISTRATOR FOR THE PHRASE, CHIEF ADMINISTRATIVE OFFICER. Councilman Duffie asked who this person answers to. Attorney Woo said he will answer to the Mayor. Councilman Bauch asked if the Mayor can refuse to hire a City Administrator. Attorney Woo said Council cannot force the Mayor to fill this position, however, it may be an abuse of discretion and someone could file a lawsuit. *MOTION CARRIED. Mr. David Swedelius, 14429 56th Ave. So., asked how Council can create a position that sounds like it has no duties or respon- sibilities. Mayor Van Dusen explained that there will be a job description drawn up. ROLL CALL VOTE: HILL No BOHRER Yes HARRIS Yes PHELPS Yes DUFFIE No BAUCH Yes MORGAN Yes *MOTION CARRIED AS AMENDED: 5 Yes; 2 No. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE SUBJECT BE RE- FERRED TO THE FINANCE AND PERSONNEL COMMITTEE FOR DEVELOPMENT OF A POSITION DESCRIPTION, JOB SPECIFICATIONS, SELECTION PRO- CESS, AND CONTRACT TERMS AND CONDITIONS FOR THE CITY ADMINI- STRATOR. MOTION CARRIED WITH HILL VOTING NO. Council declared a five minute recess. Mayor Van Dusen called the Regular Meeting of the Tukwila City Council back to order. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Woo read a resolution of the City of Tukwila, Wash., authorizing the expenditure of City of Tukwila funds to study the feasibility of its participation in the Puget Sound Cities Insurance Authority to jointly self insure its general liabilities. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT RESOLUTION NO. 874 BE ADOPTED AS READ. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING July 18, 1983 Page 7 NEW BUSINESS Cont. Resolution #875 Auth. the purchase of supplies, mater- ials, equip. or serv. w/o adver- tisement com- petitive bidding Budget Transfer No. 83 -09, provide EIS on the 1984- 1989 C.I.P. Signing current ordinances (V E R B A T I M) ADJOURNMENT: 10:10 P.M. MOVED BY HILL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Woo read a resolution of the City of Tukwila authorizing the purchase of supplies, materials, equipment or services without advertisement and competitive bidding, in limited circumstances. MOVED BY HILL, SECONDED BY HARRIS, THAT RESOLUTION NO. 875 BE ADOPTED AS READ. MOTION CARRIED WITH PHELPS ABSTAINING. Councilman Bauch said this was referred by the Finance and Personnel Committee back to Council without a recommendation. Brad Collins, Planning Director, said the best benefit on the Capital Improvement Plan is to try and tie long range goals with immediate needs. Councilman Phelps stated that she wants to make sure that this Capital Improvement Plan does not get diluted to the status of also an equipment purchasing plan. An equipment rental for the purchase of vehicles is a more appropriate place to make these policy decisions. MOVED BY HARRIS, SECONDED BY PHELPS, THAT BUDGET TRANSFER NO. 83 -09 IN THE AMOUNT OF $6,700 FOR THE ENVIRONMENTAL IMPACT STATEMENT FOR THE CAPITAL EQUIPMENT PROGRAM BE APPROVED. MOTION CARRIED. COUNCILMAN BOHRER: I have a question that relates to an earlier item. It is not my thought to generate conflict or stimulate it, but the thought occurs that the two ordinances we passed related to the Mayor's salary and City Government. I would ask, Mr. Mayor, is it your intent to sign those or let them become law without your signature. What is the process? My concern is that we have a week before filing starts and MAYOR VAN DUSEN: Oh, well, whatever it takes to... I'm not going to play any shenanigans. COUNCILMAN BOHRER: Ok, that's my question, thank you. That was my feeling, but I just thought that MAYOR VAN DUSEN: That is a fair question. MOVED BY DUFFIE, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. MaPar'Va Dusen AY( /City C erk 3939