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HomeMy WebLinkAbout1974-04-01 Regular MinutesApril 1, 1974 TUKWILA CITY COUNCIL 8:00 P.M. REGULAR MEETING FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL APPOINTMENTS Park Board ORDINANCES AND RESOLUTIONS Res. #418, Retaining Engineers N.W. for structural plan review re: Trillium Project Res. #419, Designating Wilsey Ham to prepare environmental assessment statement re: Shoreline Master Program MINUTES Vouchers #2513 #2561 Current Fund #2513 #2535 Park Fund #2536 #2538 Street Fund #2539 #2551 City Shop #2552 Fire Station #2553 Water Fund #2554 #2557 Sewer Fund #2558 #2561 651, Tukwila City Hall Council Chambers Mayor Pro -Tem Traynor led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON. MOVED BY STERLING, SECONDED BY JOHANSON, THAT THE MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF THE COUNCIL ON MARCH 25, 1974 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY STERLING, SECONDED BY GARDNER, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED. 2,841.23 202.32 1,418.03 27,816.13 42,219.82 1,585.57 293.46 Total $76,376.56 LID #22 Cash #14 $30,116.93 Rev. #10 30,116.93 Mayor Pro -Tem Traynor read a memo from Mayor Todd requesting this agenda item be Tabled. MOVED BY DAVIS, SECONDED BY HARRIS, TO TABLE. CARRIED. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT PROPOSED RESOLU- TION BE READ. CARRIED. Attorney Parker read proposed reso- lution designating the firm of Engineers Northwest, Inc. as structural consultant on the Trillium Project. MOVED BY STERLING, SECONDED BY SAUL, THAT RES. #418 BE ADOPTED AS READ.* Councilwoman Harris asked why this firm needs to be retained if there will be a building inspector for the City hired soon. Steve Hall, Public Works Director, explained this firm will be handling the structural plan review at no cost to the City since their fee will be paid out of the plan check fee. The actual physical inspection will be con- ducted by the building inspector later. Councilman Johanson asked how this differed from plan checks in the past. Steve Hall replied this project will be the first high -rise con- struction in the City and the staff does not have the exper- tise at this time to conduct such a plan check and Engineers Northwest has had experience for this type of building. Coun- cilwoman Harris asked how the fee would be paid. Steve Hall replied the fee would be paid on an hourly basis. *CARRIED. MOVED BY JOHANSON, SECONDED BY STERLING, THAT PROPOSED RESO- LUTION BE READ. CARRIED. Attorney Parker read proposed re- solution designating Wilsey Ham as engineers to prepare environmental assessments for the City. MOVED BY STERLING, SECONDED BY HARRIS, THAT RES. #419 BE ADOPTED AS READ.* Councilman Sterling asked if the $2,000 difference in cost proposals was justified by the better performance of one firm, Gary Crutchfield, Planning Technician, stated these two firms are experienced in the work of environmental assessments, but that Wilsey Ham have more experience in the Tukwila area and will include more information regarding social and eco- nomic impact as well as air, water and other physical impact. He stated the Department has $4,000 in their Budget carried over from last year and is budgeted for $10,000 for 1974 for Professional Services which would cover the cost of the en- vironmental assessments. Councilman Sterling asked if this criteria is recommended by the State. Gary Crutchfield TUKWILA CITY COUNCIL MEETING April 1, 1974 Page 2 ORDINANCES AND RESOLUTIONS Cont. Res. #419, environmental assessment statement Cont. Proposed resolution Authorizing the Mayor to execute a Hold Harmless Agreement with Southcenter re: Police Office facility Proposed resolution Optional Municipal Code stated it is the same information as included in other sum- maries in conformance with the State Environmental Policy Act. He stated he recommended the firm of Wilsey Ham and that the quality of their statement would justify the addi- tional $2,000. Councilman Gardner asked why the firm Jones Jones was not selected. Gary Crutchfield stated this might present a conflict of interest. Councilwoman Harris asked about the time frame on this assessment statement. Gary Crutchfield stated the firm will be asked to complete this assessment statement prior to April 25 to allow the Planning Commission to read and consider the statement before making its recommendation to the Council on the proposed program. Steve Hall stated the City has received an extension from the Dept. of Ecology until May 20 on the Shoreline assessment statement which must be met also. We should have the best information from the best firm. Councilman Saul stated the Department has the money in their budget and the ability to know what they are doing. Mr. Bruce Solly, M. A. Segale, Inc stated the statement to be prepared is based on the impact of the master plan itself. Several public hearings are yet to be held. How can the City go ahead with the assessment summary before the Shoreline Master Program is adopted and possibly changed at the public hearings in the meantime. Gary Crutchfield stated it must be approved as it stands recommended. *CARRIED. MOVED BY SAUL, SECONDED BY DAVIS, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution authorizing the Mayor to execute a Hold Harmless Agreement with Southcenter Shopping Center Corporation. MOVED BY DAVIS, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE ADOPTED AS READ.* Councilwoman Harris asked who would be responsible for an occurance beyond the control of the Police Department or the City of Tukwila causing personal or proper- ty damage. Attorney Parker stated both parties might be li- able, but the City's insurance carrier would handle the claims. The Shopping Center will tender the defense to the City of Tukwila. Councilwoman Harris stated if the insur- ance carrier denied the claim, the claimant would then be able to sue the City. Attorney Parker agreed, stating this is the procedure regarding all claims against the City. In this case, if a law suit were brought against the City and Southcenter, the City and its attorney will defend the case. Southcenter is certainly liable for any defects in the con- struction of the facility and the Agreement would not apply in that matter. The agreement only applies if a claim comes out of an act of negligence on the part of the City or City employees. Councilwoman Harris stated she would like more detail of what is and is not the responsibility of the City. Mayor Pro -Tem Traynor stated the resolution could possibly contain pages and pages of contingencies, but we would be certain to miss something. Attorney Parker stated the intent of the resolution implies that the City will only be respons- ible for acts of negligence on its own part. Councilman Gardner stated he objected to free rent; he would rather pay $1 per month and draw up a contract between the City and Southcenter. *ROLL CALL VOTE: 2 AYES TRAYNOR, SAUL; 5 NOS GARDNER, STERLING, DAVIS, HARRIS, JOHANSON. MOTION FAILED. MOVED BY HARRIS, SECONDED BY STERLING, THAT THE CITY ATTORNEY BE DIRECTED TO MEET WITH SOUTHCENTER SHOPPING CENTER CORPORATION TO REDRAFT THE AGREEMENT AND PROPOSED RESOLUTION AS STIPULATED BY THE CITY COUNCIL.* Attorney Parker stated the wording can be changed to suit the Council, but the meaning of the documents will remain the same. Coun- cilman Sterling stated the Council would like to have it clearly written in the documents that the City will only be liable for its own negligence. *CARRIED. Mayor Pro -Tem Traynor read a letter from Mayor Todd explain- ing the reasons this resolution was placed on the agenda. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution declaring the intention of the City Council to adopt for the TUKWILA CITY COUNCIL MEETING April 1, 1974 Page 3 ORDINANCES AND RESOLUTIONS Cont. Proposed resolution Optional Municipal Code Cont. Ord. #854, Accepting donations for the Aid Car Ord. #855, Transferring funds from Contingency to Parks Recreation Ord. #856, City Council Procedures City of Tukwila, Code City, without reorganization, to be governed by the provision of Chapter 35A.12 of the R.C.W. under the Mayor Council plan of government. MOVED BY SAUL THAT PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION FAILED FOR LACK OF A SECOND. Mayor Pro -Tem Traynor stated this hesitation on the part of the Council may reflect the fact that this type of change was presented to the voters two years ago and was turned down. MOVED BY DAVIS, SECONDED BY JOHANSON, THAT PROPOSED RESOLU- TION BE READ. CARRIED. Motion and second withdrawn as this is an ordinance, not a resolution, for the purpose of accept- ing donations. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance accepting gifts for use in equipping the Fire Department Aid Car. MOVED BY JOHANSON, SECONDED BY DAVIS, THAT ORD. #854 BE ADOPTED AS READ.* Councilman Johanson stated all other donations have been accepted by resolution, why is the Council passing an ordinance now? City Clerk Shirlee Kinney stated the City Attorney advised it is proper to accept any gifts by ordinance according to the R.C.W. *CARRIED. MOVED BY HARRIS, SECONDED BY STERLING, THAT PROPOSED ORDI- NANCE BE READ. CARRIED. Attorney Parker read proposed ordi- nance transferring funds from the Contingency Fund to the Parks and Recreation Fund to support a recreation program for the City of Tukwila. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT ORD. #855 BE ADOPTED AS READ. CARRIED. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT PROPOSED ORDI- NANCE BE READ. CARRIED. Councilwoman Harris read proposed ordinance regarding City Council procedures, repealing Ordi- nances #509, #705, #728, #804; and amending Tukwila Munici- pal Code, Chapter 2.04, Sections 2.04.010 through 2.04.200 and adding new sections to same. MOVED BY JOHANSON, SECOND- ED BY STERLING, THAT ORD. #856 BE ADOPTED AS READ.* Mayor Pro -Tem Traynor stated he would want all that paragraph following the first sentence be stricken, referring to Page 3, Item 4D. Councilwoman Harris stated the paragraph is proper as it stands. Steve Hall stated he would prefer the bid openings regarding his Department remain with the staff during the day; he wants to maintain an informal discussion which has always taken place in the past with the bidders. This would be too difficult to do during a formal Council meeting. Councilman Saul agreed that it is unfair to ask these business people to attend evening meetings. The people on the staff seem to be capable of handling this as they have been doing in the past. He stated it was reasonable, however for the Council to request the legal advertising bid be opened at the Council table. He stated the Council should consider the recommendation of the staff regarding bids on tractors, etc. Councilwoman Davis stated the bid openings would come early on the Agenda just following the approval of vouchers. Steve Hall stated it is a matter of having the people there to discuss the bids as has been done in the past. The legal advertising time would take a month from the time we are authorized to go to bid to the time we ac- tually award the bid. The time lost could be critical. Coun- cilwoman Harris stated anyone interested in being awarded the bid will be at the meetings in the evening. The staff can plan ahead to allow enough time for the bids. The Coun- cil will not be awarding the bid the same night as the bid is opened; they will be referred to the proper department for recommendation back to the Council. Steve Hall pointed out that in the case of sewer /water main items or asphalt, extra time in awarding bids could cost more in the contract bids. The Association of General Contractors is trying to pass legislation now where bid prices will go up if there is a delay. City Clerk Shirlee Kinney gave examples of calling TUKWILA CITY COUNCIL MEETING April 1, 1974 Page 4 ORDINANCES AND RESOLUTIONS Cont. Ord. #856, Council Procedures Cont. CORRESPONDENCE AND CURRENT BUSINESS Claim for damages Phillip L. Jordan Building permits requested Public Works Department RECESS 10:10 P.M. 10:23 P.M. Approval of Turkey House building permit for bids under the present and proposed procedures, the present procedure saving two weeks time. Mrs. Anne Altmeyer asked if there was an instance in the past regarding bid openings in the departments that makes it necessary to change over to the Council now. Mayor Pro -Tem Traynor stated no. Councilman Sterling stated no, that it is an attempt by the Council to comply with the R.C.W. Steve Hall stated he pre- ferred to have bids dealing with the equipment or contractor agreements with the Public Works Department to stay with the Department because there will be a loss of communications and candidness. Attorney Parker stated the City Council is approaching the changes in procedures the wrong way. The Council should be amending each individual original ordinance rather than be wiping out everything at once. A special ordinance could cover bid openings exclusively. This pro- posed ordinance violates itself by covering more than one topic. He stated there should be no limitation as to how a replacement for the Mayor's office is selected. Referring to Section I, Paragraph C, Attorney Parker stated the Council would be in violation of the Open Meeting Law as it is res- tricted to regular, special or executive session meetings and the Council can hold only one regular meeting per week. He stated the ordinance encompasses too much in its present form and recommends the Council not to pass it. Mayor Pro Tem Traynor asked if the Council could turn the ordinance over to the City Attorney who then would be able to improve the form and have it conform with State law. Attorney Parker stated he would be able to do so while retaining the same intent of the ordinance. A discussion followed regarding regular, special and Council of the Whole meetings. Mayor Pro -Tem Traynor referred to an Attorney General's Opinion which stated the definition of "action" and that the Open Meeting Law based on this interpretation would apply to Coun- cil of the Whole Committee meetings. Councilwoman Harris disagreed. Mayor Pro -Tem Traynor stated there are many good points in the ordinance, but he is concerned with the Open Meeting Law requirements. He stated he is in favor of stand- ing committees and the guidelines as set down here. He suggested referring the ordinance to Attorney Parker as long as he does not deviate from the Council's intent. A discus- sion followed regarding the Planning Commission meeting nights being in conflict with the Council's work meetings. Councilman Johanson pointed out the Planning Commission does not conform with the Open Meeting Law. Councilman Sterling suggested designating each Thursday work meeting as a spec- ial meeting in order to meet more than once a week legally. *ROLL CALL VOTE: 5 AYES GARDNER, STERLING, DAVIS, HARRIS, JOHANSON; 2 NOS TRAYNOR, SAUL. CARRIED. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT THE CLAIM FOR DAMAGES SUBMITTED BY PHILLIP L. JORDAN BE REFERRED TO THE INSURANCE CARRIER OF THE CITY. CARRIED. Steve Hall, Public Works Director, requested the Council dis- cuss this item on the agenda next Thursday night at the Coun- cil's work meeting. MOVED BY TRAYNOR, SECONDED BY DAVIS, TO RECESS FOR 10 MINUTES. CARRIED. All Councilmembers present as listed. Steve Hall presented the plans for the Turkey House develop- ment by a map presentation. He stated it is the recommenda- tion of the Public Works Department and the Building Depart- ment that this building permit be issued with the stipula- tions as listed in his letter of March 27 to Barney Ruppert. MOVED BY STERLING, SECONDED BY SAUL, THAT A BUILDING PERMIT BE GRANTED TO THE TURKEY HOUSE RESTAURANT UNDER THE CONDI- TIONS AS STATED BY THE PUBLIC WORKS DIRECTOR.* Mr. Mario Segale stated an environmental impact statement was not re- TUKWILA CITY COUNCIL MEETING April 1, 1974 Page 5 CORRESPONDENCE AND CURRENT BUSINESS Cont. Turkey House building permit Cont. U.S.T.M.E. Utilities meeting with City of Kent personnel 660 quired for this property. Steve Hall stated his Department felt an environmental assessment statement only was necess- ary. Mr. Segale stated he was required to have an impact statement and there will be impact on the drainage by this development. The City will have to come up with something definite what is good for one is good for the other. We went through months of work for the environmental impact statement while our neighbor across the street does it the simple way. I think this is unfair. Gary Crutchfield stated the environmental impact statement was required in accordance with the State Environmental Policy Act for the entire pro- perty, not just the Turkey House development. The decision was based on the significance of the development. Mr. Segale's property was considered to be a more significant development and would require an invironmental impact state- ment. However, Lincoln Properties' environmental assessment summary was on a par with and dealt with the full informa- tion. There is no attempt to avoid any information. Mr. Tom Sconzo, Manson Bennett Assoc., stated they did not make simply a 3 -page summary; it was a complete study of air and water quality, etc. Mr. Segale stated he would like that summary available to others. He pointed out the drainage problems currently existing on his property. Steve Hall stated the Council has been appraised of the drainage pro- blems when the pending law suit first came about. The rea- son for my meeting with the Council Thursday night is to bring the Council up to date on this problem which has been occurring for many years. The staff has tried to keep the Council as well informed as possible. This does not affect the permit for the Turkey House; we can discuss this drain- age problem Thursday. Mr. Segale asked who the owners of the Turkey House are. Mr. Howard Poyer, Turkey House, stated the Turkey House has a 25 -year leasehold interest in the property and that the developer and landlord is Mr. G. John Doce. Mr. G. John Doce stated he owned 8 acres for the Doce's develop- ment and for the Turkey House. Mr. John Flattery stated Lincoln Properties originally purchased 23 acres; 8 acres was sold to Mr. Doce and Mr. Doce then created a leasehold interest to the Turkey House. Lincoln Properties now has about 16 acres remaining. Councilwoman Harris asked if there is an agreement between the three developers. Mr. Flattery stated there is an agreement for a 30" storm drainage line to be commonly used by Doce's, Lincoln Properties and McCann. When the line was installed, the property was under one owner, Sammamish Commercial Company. Steve Hall stated the Turkey House will not improve the drainage, but it will not create a bigger problem either. *CARRIED, WITH HARRIS VOTING NO, stating the Turkey House actually does affect the entire picture and the Council does not have enough information on this situation yet. Discussion: 158th Steve Hall presented a letter to the Council for information Nelsen Place purposes at this time. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE AGENDA BE AMENDED TO INCLUDE THE FOLLOWING ITEMS OF BUSINESS. CARRIED. Gary Crutchfield, President, read his letter to Mayor Todd announcing the recent organization of those employees of the City otherwise unrepresented whose coalition is known as "The Unincorporated Society of Tukwila Municipal Employees He requested the use of non letterhead stationery and Xerox facilities at no cost to the group. Steve Hall stated Mr. Tom McCann, E.P.A. has requested to be included at the meeting held between Tukwila and Kent Coun- cilmembers and staff. Mr. McCann is interested in the fact that Kent received E.P.A. funding for that particular sewer line. TUKWILA CITY COUNCIL MEETING April 1, 1974 Page 6 NEW BUSINESS Call for bids: Traffic signal at Strander Blvd. Andover Park East COMMITTEE REPORTS Council of the Whole Balanced Community Housing Policy Report Independent Water Study Report by Phil Botch Finance Personnel Committee Public Safety Committee Public Works Department T.O.P.I.C.S., P -17 and LID #24 AUDIENCE COMMENTS t4 City Clerk Shirlee Kinney asked the Council if they wished to change the call for bids to be in accordance with the new Council procedures ordinance. Councilman Saul stated it should be left as already written. Councilman Sterling asked if the call for bids was reworded, would the delay be crucial, Steve Hall stated it would depend on when the new fire sta- tion would open. MOVED BY STERLING, SECONDED BY HARRIS, THAT THE CALL FOR BIDS BE CHANGED TO THE HOUR OF 7:00 P.M. ON THE 6TH DAY OF MAY, 1974. CARRIED, WITH SAUL VOTING NO. Councilman Saul stated the Council generally does not agree with the Balanced Community Housing Policy Report. Council- man Gardner stated the City's present ordinance is adequate for the new restrictions of the government. Mayor Pro -Tem Traynor stated he objected to the fact that residents of Tukwila do not have first choice, but that it is first come, first serve which is not in the best interest of the City. Councilman Sterling stated he objected to the method of arriving at a number of units for each community which is based on assessed valuation rather than population. Council- woman Harris stated the City has little enough land now for residential development 285 units is too much to ask. To provide this many units would leave us with little choice other than to build multi -unit complexes. And at some time in the future, this figure could be raised. This is not in the best interests of the City or of the people who might come under this Policy. Councilman Saul stated in times when apartment vacancies are high, whole complexes could be turned over by the owners for the government to control. Mrs. Phyllis Pesicka stated she agreed with Councilwoman Harris. She stated the number of units should be based on population and that the City does not need more apartments. Mrs. Nancy Moore stated this Policy does not give the City proper control over the Policy's implementation. Councilman Gardner stated the present ordinance allows the City to go to 270 units to be spread out among existing units. Council- man Johanson stated he is not in favor of this Policy; it is out of the control of the City. MOVED BY JOHANSON, SECONDED BY STERLING, THAT MAYOR TODD BE DIRECTED TO CONSIDER THE BA- LANCED COMMUNITY HOUSING POLICY REPORT UNACCEPTABLE AT THIS TIME. CARRIED. Steve Hall stated this report had been presented to the Coun- cil last year and wanted to know the status of it. Mayor Pro -Tem Traynor suggested the Council be brought up to date on any other information and referred the subject to the Public Works Committee. Councilman Saul announced a meeting of his committee to be held April 4, Thursday, at 7:00 P.M. in the Council Chambers. Councilwoman Davis announced there will be no committee meeting on Tuesday this week. Steve Hall distributed copies of the final T.O.P.I.C.S. Re- port to the Councilmembers. He stated he received a call from Mr. Wanamaker stating that Federal funds are authorized for the P -17 Channel under three conditions: that the S.C.S. provide a negative impact statement, that proper notification is advertised and that an answer be provided for the letter of the Audubon Society. Steve Hall stated in regard to LID #24 that the revised petitions and boundaries on the sanitary sewer will hopefully be ready within two weeks. M.A. Segale, Inc. Mr. Bruce Solly stated the instructions they are following now with the drainage problem are: to furnish a complete TUKWILA CITY COUNCIL MEETING April 1, 1974 Page 7 AUDIENCE COMMENTS Cont. M. A. Segale, Inc. Cont. City Hall site Finance Personnel Committee report City Council legislative advisor environmental impact statement, to furnish a full set of plans for review by the Planning Commission and the Building Department, and to provide the City Council with all items for review to obtain a building permit. A foundation permit will allow a developer to get a foothold at little expense. Councilman Sterling stated the Council was advised not to issue that type of permit. Mrs. Nancy Moore asked if any new information has been re- ceived by the Council regarding the City Hall site. Mayor Pro -Tem Traynor answered no. Mrs. Moore asked did not the Council receive a letter from Mr. Goldsmith including com- ments by General Lee? Mayor Pro -Tem Traynor replied yes, and explained the letter stated Mr. Goldsmith and General Lee did not wish to sell their property. Mrs. Moore asked why then is the Council still insisting to spend $12,000 for an advisory ballot vote? Councilman Sterling stated it is still possible to get a City Hall on that site without the addi- tional property. Mayor Pro -Tem Traynor stated the City can acquire the additional property without a sale. Mr. Al Pieper stated in order for the City to acquire that property without a sale, the City will have to show a need which is not the case here. There is other land available for that City Hall. Councilman Sterling stated the letter indicates Mr. Goldsmith would like to get a high price for it, but the City can condemn it if necessary. Mrs. Phyllis Pesicka stated she was not in favor of that action especially when other choice property is available. Officer Doug Scribner requested a committee report from Coun- cilman Saul. Councilman Saul stated the subject of insurance benefits would be discussed at the Council's work meeting Thursday night. Councilman Johanson stated there is nothing the Council can do now for the Police Department because of the Department's negotiations with the union. Officer Scrib- ner stated the Department expects to receive its certifica- tion this week. Councilman Saul stated negotiations will be discussed Thursday as well. Councilman Johanson suggested the Council has a need for a legislative advisor, and that there is money in the Council's budget available. He asked the Council to consider a reso- lution to hire an attorney as a legislative advisor. He stated he discussed the possibility with one attorney and that the pay could be set for any meetings he would be asked to attend. Mayor Pro -Tem Traynor suggested advertising a special meeting to discuss this subject. Mr. Burton Lutes stated he objected to this and it is not necessary to hire an attorney for these duties. The City Council has this res- ponsibility themselves and the Council would probably not follow his suggestions anyway. Councilman Johanson stated the advisor would not be asked for opinions, but he would provide the Council with legal information. Mrs. Anne Alt meyer stated the Council has the services of the City Attor- ney and the Association of Washington Cities now. Jim Waite, Highline Times, asked who the gentlemen being considered is. Councilman Johanson stated he would not say at this time. Mrs. Phyllis Pesicka stated she thought the Council would shop around until they found someone who agreed with them. Councilman Johanson stated this is the perogative of the City Council; the administration has its City Attorney and that Mr. Parker was selected by the Mayor, confirmed by the Coun- cil, for use by the Mayor. Councilwoman Harris stated she supports Councilman Johanson's efforts. This is a vital necessity for the Council and the Council should meet with the prospective applicant to discuss duties and fees. A special meeting of the City Council was set for April 10, Wednesday, at 7:00 P.M. in the Council Chambers. Jim Waite asked if more than one attorney will be contacted for this position. Councilwoman Harris stated the attorney(s) will TUKWILA CITY COUNCIL MEETING April 1, 1974 Page 8 AUDIENCE COMMENTS Cont. Legislative Advisor Cont. Highline Times reporting re: Council meeting Community "Pea Patch" ADJOURNMENT 12:03 A.M. ATTEST: CG3 be attending at the invitation of the Council. Jim Waite then asked when will it be known who is being invited. Mayor Pro -Tem Traynor stated April 10. Mayor Pro -Tem Traynor asked Attorney Parker if he had made the statements as printed in the March 27 issue of the High- line Times regarding the Council violating the Open Meeting Law. Attorney Parker replied he does not converse with the newspaper people and does not appreciate being quoted. He stated he was a part of a conversation regarding that meeting of the Council on March 21, but he did not make those state- ments. There is a possibility that statements were mixed up by Jim during that conversation. Mayor Pro -Tem Traynor stat- ed, contrary to the article, that Minutes were taken of the meeting and approved by the Council. The meeting was also announced in the March 17 issue of the Record Chronicle. Mrs. Pesicka stated the meeting was also announced in the Minutes of two regular Council meetings. Mayor Pro -Tem Traynor stated, in regard to the Minutes, that those Minutes were taken after the fact of the meeting but are legal Minutes of the meeting. He stated the Highline -Times article is in violation of the newspaper's code of ethics and that R.C.W. Chapter 9.58 also applies. Mrs. Altmeyer asked how can the Council justify approving the Minutes when Mayor Todd asked for an amendment to indicate he had briefly attended the meeting to advise the Council. Mayor Pro -Tem Traynor stated the Minutes generally reported the discussion of the meeting and did not include specifics. Jim Waite asked if the Council is questionning the paper's code of ethics. Mayor Pro -Tem Traynor replied no, yours. Jim Waite stated that the night of the meeting, Councilman Traynor had stated no Minutes were being recorded. Mayor Pro -Tem Traynor stated that is correct. Jim Waite stated the Minutes indicated the meeting started at 7:15 P.M. when actually someone from the audience that night had to ask if the meet had begun since there was no formal Call to Order. Mayor Pro -Tem Traynor stated Jim Waite had quoted two people he did not even talk to and read a letter from Doris Phelps, Recording Secretary, regarding the subject of recording the Minutes of that meeting. Mrs. Nancy Moore pointed out the special meeting was also advertised on the door of the Coun- cil Chambers. Mrs. Anne Altmeyer stated she was informed that Mr. and Mrs. Lutes had offered the use of some of their property for a community garden. Councilwoman Davis stated Mrs. Mae Harris also offered some property for this purpose also. She suggested too that some of the vacant right -of -way property of the City might be used if this is legal. Steve Hall stat- ed the City could issue a special use permit. MOVED BY JOHANSON, SECONDED BY SAUL, THAT THE MEETING ADJOURN. CARRIED. Dwayne D. .(raynor, Mayor Pro -Tem /b,/ Shirlee A. Kinney, City /Clerk