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HomeMy WebLinkAbout1983-11-07 Regular MinutesTUKWILA CITY COUNCIL November 7, 1983 Tukwila City Hall 7:00 p.m. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE PRESENTATION Foster Bridge Comment Exxon Office System Rep. Council Chambers 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, MABEL J. HARRIS, Council President, EDGAR D. BAUCH, WENDY A. MORGAN. DANIEL D. W00, Deputy City Attorney; MAXINE ANDERSON, City Clerk; BRAD COLLINS, Planning Director; ALAN DOERSCHEL, Finance Director; BYRON SNEVA, Public Works Director. Don Northey, TAMS Engineering, gave a presentation on the final stage design proposal for the Foster. Bridge. This is a bridge replacement project. It is sponsored by the City of Tukwila and King County and is 90% funded by federal aid and bridge replacement funds. There is no cost or assessment to neigh- boring property owners for the construction. The new bridge should tie into the intersection of 52nd Avenue and Interurban Avenue South. The bridge will be a post- tensioned concrete box girder design, with two spans of 80 and 149 feet. There is adequate grade and adequate clearance for high water provided. The 34 foot roadway includes two 12 -foot driving lanes and a 4 foot shoulder on the east side and 5 foot sidewalk on the west side. The design includes some landscaping, a walkway and a viewing platform on the Interurban side. There are plantings on the other side as well. All permits are being applied for at this time. It is scheduled to have 160 construction (working) days. The design will go before the King County Design Commission on November 18, 1983. Following acquisition of right -of -way, this project should be bid for construction approximately by mid 1984. 7:20 p.m. Councilmen Phelps and Duffie arrived at the meeting. A lady in the audience would like to see a speed bump installed. Mr. McVie, King County, said that most agencies shy away from speed bumps. They have caused many lawsuits. The County prefers to use signing and law enforcement. Mrs. Whitehead asked if Tukwila would help patrol the area. Mayor Van Dusen said just in the Tukwila Section. Demonstration of Mrs. Monique LeValley of Efficiency, Inc. gave a demonstration CPT Word Processing for Council on the CPT Word Processing System. It has been Equipment recommended by Mrs. Karen Meechan, consultant, that Council purchase this equipment for the City offices. Mr. Alan Doerschel, Finance Director, noted that this system is compatible with the City's computer. Maxine Anderson, City Clerk, is asking Countil to consider pur- chase of a second terminal out of Federal Shared Revenue. Mr. Gerald Girmus, Exxon Office Equipment Marketing Manager, said he works with political subdivisions federal, state, county and city governments and education departments. He said Monique gave a good demonstration on a fine piece of equipment. He said the CPT will do some things better than theirs; but their system will also do some things better than CPT. Theirs costs 20% less. He questioned the way the bidding process was done. It is presumed that anybody Who responds to the call for bids, meets all of the specifications, and by the way, they meet and exceed all of the specifications should get the bid. There was never any indication that there was going to be a weighted value given to the comparison of systems. 80% of their business is in the state, federal government and county because their prices are lower and they offer support that is unparalleled. He said he drew up the bid document and spent a lot of time on it because this is the market they are most successful in and where they are most effective. TUKWILA CITY COUNCIL, REGULAR MEETING November 7, 1983 Page 2 PRESENTATION Word Processing System (cont.) Mayor Van Dusen noted he had received another letter on a word processing system that could also be considered. s9Fr The system they have will do everything CPT will do equally as well and is better in some cases. He does not believe they were evaluated fairly. He believes there was a previous selection made. Consultants tend to recommend what the customer wants. As far as he is concerned, the City can buy any system they want. CPT is a fine system, but if you're going to the trouble to hire a consultant and go out for bids -and the vendors don't know the criteria -we have 172 units in DSHS, and we have units all over in various cities -as far as communication with the NCR equip- ment, I offered to demonstrate that, it is easy to do. The selection was weighted unfavorably and Council should consider this. Our system is less expensive. Our system is easy to use. In almost any other subdivision, if you meet and exceed the specifications and are the low bidder, you are automatically awarded the bid. The bid document did not specify that you must have equipment in a city the size of Tukwila; I would not have bid. Our system is a non proprietary system; this means you can buy programs from other venders to use in the Exxon system. I believe the decision was made (it is not a bad machine to buy; it is a good machine) based on what the personnel here wanted instead of being based on cost savings and a number of significant other factors. He urged Council to think about this. Councilman Bohrer asked the City Attorney if he saw anything unfair, improper or unusual about the approach the City has taken in soliciting these bids and evaluating them. Attorney Woo said he didn't see anything unusual. Other cities use con- sultants. The statute that applies is RCW 35.23.352 and 35A.40.310. It does not set forth any prohibition against weighting for evalua- tion. Councilman Duffie said that we are a fair city and fair councilmen. MOVED BY DUFFIE, SECONDED BY HILL, THAT THIS ITEM BE SENT TO THE FINANCE AND PERSONNEL COMMITTEE.* Councilman Bauch said that what the city personnel want should be a high criteria if the recommendation is within reason. ROLL CALL VOTE: HILL YES BOHRER NO HARRIS NO PHELPS YES DUFFIE YES BAUCH NO MORGAN YES *MOTION CARRIED 4 YES; 3 NO. Councilman Morgan said she voted yes because it was her under- standing that the original intent was to have a demonstration of three word processing systems before Council. In committee we can go back and discuss the process and come back with a recommendation. Mayor Van Dusen said the request before Council is to purchase a second terminal. RECESS: 8:40 p.m.- MOVED BY HILL, SECONDED BY PHELPS, THAT COUNCIL RECESS FOR FIVE 8:50 p.m. MINUTES. MOTION CARRIED. Mayor Van Dusen called the regular meeting back to order. TUKWILA CITY COUNCIL, REGULAR MEETING November 7, 1983 Page 3 PRESENTATION Cont. Approval to pur- chase a Ferrari clock (recommended by Arts Com.) PRESENTATION 1984 Capital Improvement Program Comment MOVED BY HARRIS, SECONDED BY BAUCH, THAT ITEM 9B BE CONSIDERED AT THIS TIME. MOTION CARRIED. Mrs. Berdene Saul, Arts Commission, urged Council to approve the purchase of a Ferrari clock. This is a real opportunity to ac- quire this clock for $3,600. It is almost a 50% donation by the Ferrari's. The clock will be located in the main lobby of City Hall. MOVED BY HARRIS, SECONDED BY BAUCH, THAT COUNCIL ACCEPT THE RECOMMENDATION OF THE ARTS COMMISSION TO PURCHASE THE FERRARI CLOCK.* The Arts Commission recommends that a payment of $1,600 be made from the 1983 budget, and the balance of $2,000 be paid after January 1, 1984, from the 1984 budget. Councilman Hill asked if money was included for a plastic cover to protect the clock. MOVED BY BOHRER, SECONDED BY MORGAN, THAT THE MOTION BE AMENDED TO ADD $2,500 TO THE 1983 ARTS COMMISSION BUDGET FROM THE AD- DITIONAL SALES TAX REVENUE TO PURCHASE THE CLOCK AND A CASE. MOTION CARRIED *MOTION CARRIED. Councilman Bohrer asked to have an appropirate resolution recognizing the donation and expressing appreciation to the Ferrari's. 3919 Brad Collins, Planning Director, noted the two documents presented to Council -the Capital Improvement Program and the Environmental Impact Statement. The object of the program is to provide a plan as a budgeting tool to affect the implementation in the annual budget for major public improvements in terms of timing, location and financing. Through citizen education there is some hope that voter resistance could be reduced to bond issues and other revenue options. The good news in the report is that the City's infrastructure (public streets, utilities, buildings, equipment, etc.) and potential revenue sources are not in a serious state. The two documents are the basic elements of the Capital Improve- ment Plan. He recommended that Council send the plan to the standing committees for review and that Council set a public hearing date. Al Pieper, 17083 53rd Ave. So., questioned the cost to the taxpayer of preparing and reproducing these documents. He wondered if they were worth it and said he would oppose a bond issue. Councilman Bohrer noted that the City's bonded indebtedness is the lowest of probably any city around. The City has been very niggardly in acquiring bonded indebtedness. He agreed with the Mayor that a planning effort is very important. Council President Harris commented that unplanned expenditures are usually more expensive. Planned expenditures can be priori- tized and funding secured ahead of time. MOVED BY HILL, SECONDED BY PHELPS, THAT THE CIP BE PLACED IN ALL OF THE STANDARD COUNCIL COMMITTEES. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING November 7, 1983 Page 4 CONSENT AGENDA Amend Agenda Consultant Selection, SEA, Inc. for 1984 Street Improvement Project OLD BUSINESS Ordinance #1302 Vacating a portion of So. 139th St., west of Interurban NEW BUSINESS Resolution #889 Creating a special task force for the siting of a Regional Transit Center by Metro a. Approval of Minutes: October 17, 1983 b. Approval of Vouchers Claims Fund Vouchers #16128 #16275 Current Fund Golf Crse. Spec. Rev. Street Fund Arterial Street Federal Shared Rev. Land Acq, Bldg, Dev. Water Fund Sewer Fund Firemen's Pension 43,407.93 6,684.62 143,764.59 2,227.17 5,195.82 26,244.95 8,546.10 27,374.97 507.10 $263,953.25 MOVED BY PHELPS, SECONDED BY HILL, THAT THE CONSENT AGENDA BE AMENDED TO INCLUDE AN ITEM SENT FORWARED FROM THE OCTOBER 24 MEETING.* The item came forward as a recommendation from the Public Works Committee for the Mayor to execute a contract with SEA, Inc., consulting engineers, for the 1984 residential street improve- ment project for $40,000. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY HILL, THAT THE CONSENT AGENDA BE APPROVED AS AMENDED. MOTION CARRIED. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Woo read an ordinance of the City of Tukwila, Wash., vacating a portion of South 139th Street extending approximately 90 feet westerly of Interurban Avenue. MOVED BY HARRIS, SECONDED BY PHELPS, THAT ORDINANCE NO. 1302 BE ADOPTED AS READ.* Mayor Van Dusen noted that one -half the appraised value for the 1,804 square feet is $4,473.92. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Woo read a resolution of the City of Tukwila, Wash., creating a special task force responsible for for- mulating a recommendation on the siting of a Tukwila Regional Transit Center by Metro. MOVED BY FfARRIS, SECONDED BY PHELPS, THAT RESOLUTION NO. 889 BE ADOPTED AS READ. MOTION CARRIED. The first workshop on the task force will be December 3. There will be approximately 10 meetings, maybe a few more. Councilman Bohrer said the City has three major projects for 1984 that will have a major effect on the City's future: (1) Transit Task Force; (2) Siting of the South 180th -I -5 connector; and (3) The Urban Form Study. They need to be considered together for consistency. TUKWILA CITY COUNCIL, REGULAR MEETING November 7, 1983 Page 5 NEW BUSINESS Authorize Public Works Dept. to negotiate for consultant for Interurban Ave. St. Imp. Ordinance #1303 Increasing the City Metro rate Resolution #890 Adding the position of City Admini- strator to the wage and salary plan Byron Sneva, Public Works Director, reported that the Public Works Committee held interviews with six consultants for the Interurban Avenue Street Improvement Project. The results of the presentations and submittals have been ranked in order of priority in which the department would begin negotiations to contract for services. The Public Works Committee recommended that Entranco Engineering be considered first. Councilman Morgan said she would like to have other consulting companies have a chance to obtain some of the engineering work with the City. MOVED BY HILL, SECONDED BY PHELPS, THAT PUBLIC WORKS BE AUTHORIZED TO NEGOTIATE A CONTRACT WITH ENTRANCO ENGINEERING FOR THE CONSULTING WORK ON INTERURBAN AVENUE STREET IMPROVEMENTS.* MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE MOTION BE AMENDED TO ALLOW THE PUBLIC WORKS DEPARTMENT TO NEGOTIATE A CONTRACT WITH THE FIRMS LISTED IN ORDER OF PRIORITY. MOTION CARRIED. *MOTION CARRIED. MOVED BY HARRIS, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Woo read an ordinance of the City of Tukwila, Wash., increasing the City Metro rate, amending Ordinance No. 934, and repealing Ordinance No. 1278. MOVED BY HARRIS, SECONDED BY HILL, THAT ORDINANCE NO. 1303 BE ADOPTED AS READ. MOTION CARRIED WITH DUFFIE VOTING NO. MOVED BY HARRIS, 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., adding the position of City Administrator to the wage and salary plan, amending Attachment A of Resolution 810 identifying current position classifications and amending Attachment B of Resolution 867 to adjust the salary schedule. MOVED BY HARRIS, SECONDED BY HILL, THAT RESOLUTION NO. 890 BE ADOPTED AS READ.* Mayor Van Dusen noted a previous hiring schedule he had given to the Personnel Committee. The schedule was aimed at a hiring date of December 1; now a new schedule will have to be made out. Council President Harris suggested that the first sentence in the position description under Specific Duties and Responsi- bilities be omitted because it is redundant. 191 Councilman Bohrer said Council has no written description of what the process will be in going out to advertise for the position of City Administrator nor is there a position description consistent with Ordinance 1295. Councilman Bohrer said that the job description is not con- sistent with Ordinance 1295. Section 1 reads that the City Administrator's duties shall include assisting the Mayor in all administrative affairs, including the supervision of de- partment heads. Item 6 of the position specifications says "some supervision of department heads." Working out this in- consistency would strengthen the job description. Council has authority under the state law to establish the functions of the officers of the City. He suggested revising Item 6 to read "supervises department heads as well as the City employees." He further suggested Section 4 of the Duties and Responsibilities be revised to read "plans and directs the work of all City de- partments." TUKWILA CITY COUNCIL, REGULAR MEETING November 7, 1983 page 6 NEW BUSINESS Resolution #890 Adding the position of City Admini- strator to the wage and salary plan (cont.) ADJOURNMENT 11:00 p.m. Council President Harris noted the position description specifies that the City Administrator supervises "as delegated by the Mayor." If the revisions are made, the Mayor will not be giving up any controls. Mayor Van Dusen noted that he and Councilman Bohrer do not agree on the interpretation of the RCW. Councilman Bohrer said the law is very clear that the functions, powers and duties are clearly the Council's responsibility to establish for all City employees. We keep coming back to the point of "who has what power." The law says Council establishes duties, functions, and responsibilities, and the Mayor provides general supervision. Attorney Woo said he has researched this issue. The issue here is whether or not the Council can, by ordinance or any other means, require all department heads to report directly to the City Administrator who directly supervises those employees. The Mayor objects to this procedure. In his opinion, Mayor Van Dusen has the power under the state law to delegate certain types of administrative functions. RCW Sections 35A.12.100 describes the Mayor's function. Section 35A.11.020 and 35A. 12.020 define Council's authority. The job description provided by the Mayor must fall within the provisions of the City ordinance establishing the position, but also, the City position (qualifications, duties and responsi- bilities) must also be consistent with the Mayor's powers. The suggested changes, as long as it is understood that the Mayor has the right to modify them, do not indicate that Council is infringing on the authority or that the Mayor is infringing on Council authority. If the issue gets down to who has the right to run the City government -does Council have the right to have a City Administrator to whom all department heads report directly- I don't believe Council can do this. Councilman Bauch asked if Council finds that the City Admini- strator is not supervising all department heads as Ordinance 1295 defines, could Council reduce his salary without liability to the City. Attorney Woo said there should be a clause in the contract the City Administrator signs making him /her aware of this possibility. Council has to approve this contract. Councilman Bohrer said he is willing to accept substituting the language of Section 1 of the ordinance for Item 6 of the position specifications. Mayor Van Dusen said if his supervision of department heads has to go through the City Administrator, he and Council have reached the point of contention. We need to solve this as we are holding up a process. I want to have the authority to go directly to the department heads if there is a problem. Mayor Van Dusen agreed to substituting the wording from Section 1 of the ordinance, "assists the Mayor in all administrative affairs, including the supervision of department heads," for Item 6 of the position specifications. Councilman Bauch said the job description belongs to the Mayor. *MOTION CARRIED WITH BOHRER AND HARRIS VOTING NO. MOVED BY HILL, SECONDED BY DUFFIE, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL am 2 ''0 e■ L R IED. d r City C r� 9y ,R