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HomeMy WebLinkAbout1983-10-17 Regular MinutesTUKWILA CITY COUNCIL October 17, 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 Diamond Jubilee Street Signs Special Meeting scheduled Clean up Week Award Attorney Amend Agenda Resolution #884 Accepting the terms of the labor con- tract for 1983 -84 with the Police Officers' Assoc. Regular Meeting M I N U T E S 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, DORIS E. PHELPS, JOE H. DUFFIE, EDGAR D. BAUCH, WENDY A. MORGAN. MOVED BY PHELPS, SECONDED BY BOHRER, THAT COUNCIL PRESIDENT HARRIS BE EXCUSED FROM THE MEETING. MOTION CARRIED. DANIEL D. W00, Deputy City Attorney; MAXINE ANDERSON, City Clerk; ALAN DOERSCHEL, Finance Director; BYRON SNEVA, Public Works Director. Mayor Van Dusen said he had received a request from a citizen to leave the name street signs up in the residential area. These are the signs installed in honor of the Diamond Jubilee. Public Works Committee will come back to Council with a recom- mendation. 97V Mayor Van Dusen requested that Council call a Special Committee of the Whole for November 1 to present the 1984 Budget to Council. MOVED BY HILL, SECONDED BY DUFFIE, THAT COUNCIL CALL A SPECIAL COMMITTEE OF THE WHOLE MEETING FOR NOVEMBER 1, 1983, 7:00 P.M. FOR THE SOLE PURPOSE OF BUDGET REVIEW.* Councilman Duffie requested that the notice be posted at the Community Center, Library, and City Hall. *MOTION CARRIED. Councilman Phelps asked if there was some type of volunteer service that could help the Senior Citizens clean up their yards during clean up week. Byron Sneva, Public Works Director, displayed the award received by the Public Works Maintenance Department. It was issued by the Washington State Chapter of the American Public Works As- sociation who conducts a safety program each year to encourage safety in Public Works and to recognize those departments having the safest operation during the previous year. Tukwila was presented the Award of Honor for having the lowest incidents of injury accidents in their competition class. Attorney Woo reported that settlement has been made with the firefighters union with respect to the Supplemental Pension Plan. He asked Council to include this item on the agenda. MOVED BY BAUCH, SECONDED BY HILL, THAT A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ADDENDUM TO THE LABOR CONTRACT WITH THE FIREFIGHTERS LOCAL BE PLACED ON THE AGENDA AS ITEM 9G. MOTION CARRIED. MOVED BY HILL, SECONDED BY DUFFIE, THAT ITEM 9F, LABOR AGREEMENT WITH TUKWILA POLICE OFFICERS' ASSOCIATION BE CONSIDERED AT THIS TIME. MOTION CARRIED. Dennis Hidell, Council Analyst, reported that the contract is being executed recognizing that there is still one outstanding issue binding arbitration. The contract grants 42% wage in- crease for 1983 and 4% in 1984. MOVED BY PHELPS, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING October 17, 1983 Page 2 Resolution #884 (cont.) Budget Transfer Motion No. 83 -13, Wage Benefit Increases for Police Dept. CONSENT AGENDA Resolution #885 PUBLIC HEARING Proposed Use of Revenue Sharing Funds OLD BUSINESS Attorney Woo read a resolution of the City of Tukwila, Wash., accepting the terms of the labor contract agreement for 1983 -84 negotiated between the City of Tukwila and the United Steelworkers of America, Local 911, representing the Tukwila Policef0 Association. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT RESOLUTION NO. 884 BE ADOPTED AS READ.* Councilman Bohrer commented that he does not like salary increases for public officials and public employees exceeding the rate currently beging granted in private industry. *MOTION CARRIED. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT BUDGET TRANSFER MOTION NO. 83 -13 IN THE AMOUNT OF $64,200 BE APPROVED AS SUBMITTED. (Wage and benefit increases for the Police Department personnel) MOTION CARRIED. a. Approval of Minutes: October 3, 1983 b. Approval of Vouchers Claims Fund Vouhcers #16004 16124 Current Fund Golf Crse. Spec. Rev. Street Fund Arterial Street Land Acq, Bldg, Dev. Water Fund Sewer Fund Firemen's Pension 45,485.86 6,415.57 12,018.35 1,455.22 1,470.66 8,329.86 27,303.92 40.94 $102,520.38 c. A resolution of the City of Tukwila, Wash., establishing the City's 1984 Community Development Block Grant Local Funding Projects. MOVED BY HILL, SECONDED BY PHELPS, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. Mayor Van Dusen explained that it has been a policy of the City to use the Revenue Sharing Funds to purchase capital equipment. There is $23,600 of unappropriated funds and $84,500 anticipated for 1984. Mayor Van Dusen declared the Public Hearing open and invited comments from the audience on use of the funds. There being no comments, Mayor Van Dusen closed the Public Hearing. Councilman Phelps asked if someone would check and see if the funds could be used, together with the United Way, to start a CAPRI program at the Community Center. Authorize Mayor to MOVED BY PHELPS, SECONDED BY HILL, THAT THE MAYOR BE AUTHORIZED send letter of as- TO SEND A LETTER OF ASSURANCE TO IAC STATING THE CITY'S INTENT surance to IAC stat- TO FUND THE $82,000 MATCHING SHARE IN THE 1984 BUDGET. MOTION ing intent to fund CARRIED. $82,000 in matching funds (Christensen Greenbelt, Phase III) 3 9 7S TUKWILA CITY COUNCIL, REGULAR MEETING October 17, 1983 Page 3 NEW BUSINESS Appointment to the Tukwila Arts Commission Claim for Damages filed by Building Technicians (Executive Session) Resolution #886 Authorizing the Mayor to execute an interlocal agree- ment with the PSCIA Resolution #887 Fixing the time when the petition will be heard on a street vacation (So. 133rd) MOVED BY HILL, SECONDED BY DUFFIE, THAT COUNCIL ACCEPT THE MAYOR'S RECOMMENDATION FOR THE APPOINTMENT OF LESLIE CAMPBELL TO THE TUKWILA ARTS COMMISSION. MOTION CARRIED WITH BOHRER VOTING NO. Councilman Bohrer said he feels Commission members should be residents of the community. Mayor Van Dusen introduced Ms. Leslie Campbell to Council. MOVED BY HILL, SECONDED BY MORGAN, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. Mayor Van Dusen called the Regular Meeting back to order. MOVED BY DUFFIE, SECONDED BY PHELPS, THAT THE CLAIM BE DENIED. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Woo read a resolution of the City of Tukwila authorizing the Mayor to execute an interlocal agreement with the Puget Sound Insurance Authority. MOVED BY HILL, SECONDED BY BAUCH, THAT RESOLUTION NO. 886 BE ADOPTED AS READ.* *MOTION CARRIED. Attorney Woo read a resolution of the City of Tukwila, Wash., fixing the time when the petition will be heard on the vacation of a street (Sheehan). MOVED BY HILL, SECONDED BY PHELPS, THAT RESOLUTION NO. 887 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY DUFFIE, THAT COUNCIL GO INTO EXECUTIVE SESSION TO DISCUSS THE LIABILITY OF THE CLAIM FILED AGAINST THE CITY BY BUILDING TECHNICIANS. MOTION CARRIED WITH BAUCH VOTING NO. Councilman Morgan referred to the alternatives available on Page 2 of the memo from Sharon Wylie and asked for a clarifica- tion on option 4 (Put policies out to bid [will discuss if needed. There are good reasons not to at this time]). Mayor Van Dusen said he would get the answer. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Proposed Resolution- Councilman Morgan reported that the Finance and Personnel Com- Adding the position mittee discussed the City Administrator position. They sug- of City Administrator gested the word "confer" be changed to "direct" in the job to the wage salary description, Item 4. This will strengthen the position. Mayor plan Van Dusen said he would agree with coordinate with the Depart- ment Heads but will not put anything in that obligates him to let the City Administrator direct the departments. Under statu- tory authority that is the Mayor's responsibility. Councilman Bohrer explained that there are two deficiencies in the descriptions before Council. The Job Description refers to a person with no responsibility or authority in the City that is commensurate with the salary proposed to pay this person. The duties and responsibilities are weaker than any other department head. The other problem is with the process that is proposed for hiring this person. The process should include a board selected specifically for this purpose which will make recommendation to the Mayor for final selection. TUKWILA CITY COUNCIL, REGULAR MEETING October 17, 1983 Page 4 NEW BUSINESS Proposed Resolution- Councilman Phelps suggested that paragraph 4 could be worded Adding the position "direct the department heads at the discretion of the Mayor." of City Administrator to the wage salary Councilman Bauch said, although job descriptions belong to the plan (cont.) Mayor, the description has to convey to the Council enough confidence that they will approve the top rate of pay. The law is plain enough; the Mayor has full responsibility and authority in our form of government. The job description has to be strong enough to warrant the salary the Mayor is recom- mending for this position. Mayor Van Dusen said he agreed with Council last July that he would go along with the City Administrator, but he is going to protect his responsibilities under the law. Attorney Woo (partially verbatim) stated that he has talked with Municipal Research about this question. The issue is more than semantics, although there probably is some language from the suggestions that have been made that can clearly state that the Mayor is the Chief Executive Officer and also that the Mayor has general supervision of all employees. It is not clear where the line is drawn. There is no case law on this. I don't think any City or Council or Administration has really challenged this, nor is there an Attorney General's opinion on this issue. But, you can go back to three sections in the statute dealing with Code Cities- -the central statute dealing with the Mayor- Council form of government, and the section at issue here, is the one setting forth the duties and authority of the Mayor; that is 35A.12.100, basically there are two sentences that have to be complied with and have to be considered in dealing with other sections of the Optional Municipal Code. First, the Mayor shall be the Chief Executive and Administrative Officer of the City in charge of all departments and employees. Also, this section contains language that the Mayor shall have general supervision of and is in charge of the administration of City government, departments and employees. I don't believe an ordinance may state that somebody other than the Mayor has unqualified general supervision of the admini- stration of City government. The two sections that must be read in context with the powers of the Mayor are the sections dealing with the Council's authority. One section is 35A.12.020 which indicates that the appointive officers shall be those provided for by ordinance. The authority, duties and qualifications of all appointive of- ficers shall be prescribed by charter or ordinance, consistent with the provisions of this title. Councilman Bohrer said that everybody here agrees on this, but it is not feasible. Councilman Bauch wondered if the Mayor hires a City Administrator at a particular salary, can the "3977 The other one is 35A.11.020 which indicates that the legislative body of.each _Code Ci.ty_shall have power to organize and regulate its internal affairs and to define the functions, powers and duties of its officers and employees. I have discussed this with Larry Hard and Carl Carlson of our office when the issue first came up some months ago, and I have researched this. I believe the law means that there cannot be an ordinance which provides that a City Administrator or Assistant Administrative Officer has un- qualified direct supervisory power over department heads or em- ployees. The qualifications are within the limitation of the statute. The Mayor can choose which department heads he wants to directly supervise and which ones he wants to have assistance. Any language must recognize the Mayor's direct supervision of the department heads and the Mayor's power over them. Any ordinance cannot be inconsistent with that statutory power. TUKWILA CITY COUNCIL, REGULAR MEETING October 17, 1983 Page 5 NEW BUSINESS Cont. Proposed Resolution- salary be reduced by the Council after he is hired. Attorney Adding the position Woo said as far as he knows, the statute does not require con of City Administrator tinuation of a salary from year to year. to the wage salary plan (cont.) Resolution #888 Authorizing the Mayor to execute Addendum B to the Firefighter labor contract ADJOURNMENT 9:02 P.M. Councilman Bohrer said if it is the Mayor's intent to restrict the scope of this person to other than administering or relating to all the department heads, there should be an organization chart as part of this package. It appears that this will be a position with a lot of responsibility, but no authority. Councilman Phelps commented that the person applying for this position needs to know what the responsibility and authority of the job is. Attorney Woo suggested the following wording: At the discretion of the Mayor, the City Administrator will assist the Mayor in general supervision and direction of the department heads. Councilman Morgan said, Council, in allocating funds, has the responsibility to be sure that the job description and process this person is hired under, are as close to what the actual role will be so that anyone applying understands clearly what the responsibilities are. She said she would like to see the process for the selection spelled out so that it is clear. MOVED BY BOHRER, SECONDED BY DUFFIE, THAT THIS ITEM BE REFERRED TO THE FINANCE AND PERSONNEL COMMITTEE FOR FURTHER ACTION.* Councilman Bohrer said the committee should consider the following: 1. The job description needs to be clarified and strengthened to warrant the salary being proposed. 2. Change the process so that the Mayor is relieved of reviewing and interviewing the many applications expected for this position. 3. Some consideration should be given to including an organiza- tion chart in the packet to Council. *MOTION CARRIED WITH HILL AND DUFFIE VOTING NO. Councilman Bauch called a special meeting of the Finance and Personnel Committee for Thursday at 5:00 p.m. MOVED BY PHELPS, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Woo read a resolution of the City of Tukwila, Wash., authorizing the Mayor to execute Addendum B to the Agree- ment between City of Tukwila and Firefighters Local No. 2088 on the Supplemental Pension Plan. MOVED BY HILL, SECONDED BY PHELPS, THAT RESOLUTION NO. 888 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY PHELPS, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCILBE k" CARRIED. d o O r r City Jerk