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HomeMy WebLinkAbout1974-04-15 Regular MinutesApril 15, 1974 TUKWILA CITY COUNCIL 8:00 P.M. REGULAR MEETING FLAG SALUTE AND Z ,L TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL APPOINTMENTS Park Board ORDINANCES AND RESOLUTIONS MINUTES 6 Tukwila City Hall Council Chambers Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON. MOVED BY STERLING, SECONDED BY DAVIS, THAT COUNCILMAN GARDNER BE EXCUSED. CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE MINUTES OF APRIL 4, 1974 SPECIAL MEETING BE APPROVED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT THE MINUTES OF APRIL 8, 1974 REGULAR MEETING BE APPROVED AS READ. CARRIED. MOVED BY STERLING, SECONDED BY HARRIS, THAT THE MINUTES OF APRIL 10, 1974 SPECIAL MEETING BE APPROVED AS READ.* MOVED BY JOHANSON, SECONDED BY STERLING, THAT COUNCILMEMBERS TRAYNOR AND SAUL BE ALLOWED TO ABSTAIN FROM VOTING BECAUSE THEY WERE NOT PRESENT. CARRIED. *CARRIED, with Councilmembers Traynor and Saul abstaining. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED, WITH HARRIS VOTING NO, in protest to the insurance payment and the ad- vertisement in "The Facts Vouchers #2562 #2710 Current Fund #2562 #2639 $26,732.34 Park Fund #2640 #2651 2,772.57 Emer. Empl. #2652 #2653 338.11 Street Fund #2654 #2680 6,322.25 Fed. Rev. Sharing #2681 11,978.57 Water Fund #2682 #2692 1,088.45 Sewer Fund #2693 #2710 10,795.08 Total $60,027.37 Councilman Traynor read the letter from Mayor Todd appointing Mrs. Velma Lee and Mr. Robert Sukert to the Tukwila Park Board. MOVED BY TRAYNOR, SECONDED BY SAUL, TO RATIFY THE MAYOR'S APPOINTMENTS TO THE TUKWILA PARK BOARD. CARRIED. Ord. #859, MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE Investment Committee READ. CARRIED. Attorney Parker read proposed ordinance authoriz- ing the City Treasurer to determine the amount of City funds avail- able for investment purposes and authorizing the City Treasurer to make investments without consent of the City Council as to each in- vestment and repealing Ordinance #725. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ORD. #859 BE ADOPTED AS READ.* Councilman Traynor stated the reason he initiated this ordinance was to set aside time during the Regular Meetings for business and that the Treasurer is elected to take care of this responsibility. Attorney Parker stated the only changes made from the original draft Councilman Traynor submitted were omissions of R.C.W.'s already recognized by the City. Councilwoman Harris asked if this included the stipulation that in- vestments could be converted to cash by the Treasurer. Attorney Parker read from R.C.W. 35.39.032. Councilwoman Harris stated all department heads should be responsible for informing the Treasurer in advance of any major expenditures to avoid paper overdrafts in any accounts. Mayor Todd stated the staff already follows that procedure. City Treasurer Mae Harris stated she had asked that that sentence be included in the ordinance because she has to call all the departments in order to be notified of these expenses. Mayor Todd suggested the Treasurer attend the Council meetings for proper notification. *CARRIED. Ord. #860, MOVED BY STERLING, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE Board of READ. CARRIED. Attorney Parker read proposed ordinance establishinf Adjustment the Board of Adjustment and fixing terms. MOVED BY TRAYNOR, SECOND- ED BY SAUL, THAT ORD. #860 BE ADOPTED AS READ.* Councilman Traynor asked how the duties of the Board would be determined. Attorney TUKWILA CITY COUNCIL MEETING April 15, 1974 Page 2 ORDINANCES AND RESOLUTIONS Cont. Ord. #860 Cont. Res. #421, Council support for second aid car Res. #422, Interim financing LID #20 Res. #423, Interim financing LID #24 Res. #424, Interim financing LID #25 6 73 Parker stated another ordinance will be drafted for that purpose; this ordinance serves to establish the Board and set the terms of office only. Councilwoman Harris proposed a form suggested by the Bureau of Governmental Research Services, University of Washing- ton, which covers the duties of a board of adjustment and their procedures. She stated she was shocked at the length of this ordi- nance presented to the Council. Mayor Todd stated it was good ra- tionale to separate the ordinances establishing the Board and set- ting its duties and procedures. Attorney Parker stated this will give more time to draft up the second ordinance by passing this ordinance now and will allow the appointed members to contribute input regarding their duties and procedures. Councilwoman Davis stated she would like to consider both ordinances at the same time. Attorney Parker stated it would be better to establish the Board now to allow more time on the other ordinance and give the members time to get organized. Councilwoman Harris stated the two ordinance: should be combined into one such as this sample document which was put together by experts. Attorney Parker stated he had read the sample document carefully and will go over it as well as other infor- mation with the Planning Director, Gary Kucinski, to set up proced- ures. Steve Hall, Public Works Director, stated this Board should not interfere with the work of the Building Department's Board of Appeals. Mayor Todd stated the Board of Adjustment will not replace the Board of Appeals. Mayor Todd stressed that input for the pro- cedures ordinance will be needed from the staff, the Planning Com- mission, the City Attorney and the newly appointed members of the Board of Adjustment. *CARRIED, WITH HARRIS VOTING NO. MOVED BY STERLING, SECONDED BY JOHANSON, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution support- ing efforts to obtain a second Fire Department Aid Car. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT RES. #421 BE ADOPTED AS READ.* Mayor Todd thanked those who have contributed to this cause. *CARRIED. City Treasurer Mae Harris stated she talked with three major banks regarding interim financing on the three separate LIDs and the LIDs as a package. The lowest rate of interest was offered by Seattle First National Bank for the three LIDs as a package at 5.2%. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution designating a lending institution for interim financing on LID #20. MOVED BY SAUL, SECONDED BY STERLING, THAT RES. #422 BE ADOPTED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed ordinance designating a lending institution for interim financing on LID #24. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT RES. #423 BE ADOPTED AS- READ.* Councilwoman Harris stated her copies of the resolutions contained blank spaces. City Treasurer Mae Harris stated there was no infor- mation available to include on the resolutions at the time they were printed. Councilwoman Harris asked that each area of the LIDs be explained. Steve Hall pointed out each LID on the City map. He stated there will be a new ordinance on LID #24; the boundaries have been revised due to new petitions. Councilwoman Harris asked if there are grants on any of these LIDS. Mayor Todd stated there is an E.P.A. grant for LID #20. *CARRIED. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution designat- ing a lending institution for interim financing on LID #25. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT RES. #424 BE ADOPTED AS READ. CARRIED. Res. #425, Steve Hall, Public Works Director, introduced Mr. Ken Cottingham, Accepting T.0.P.I.C.S. Project Engineer, Stevens, Thompson f Runyan. Mr. Cottingham gave Report a brief but complete report on the T.O.P.I.C.S. Study and its back- ground. He stated there are four priority projects: (1) Southcen- ter Blvd. from the West Valley Highway and I -5 ramp complex; TUKWILA CITY COUNCIL MEETING April 15, 1974 Page 3 ORDINANCES AND RESOLUTIONS Cont. Res. #425 Cont. CORRESPONDENCE AND CURRENT BUSINESS 67z/ (2) Southcenter Parkway and its revisions at I -5 ramps; (3) Strander Blvd. and the Lois T. Newton Bridge and Andover Park East signali- zations; (4) Interurban Avenue at I -5 ramps and So. 133rd. He stated T.O.P.I.C.S. has now merged into F.A.M. (Federal Aid Urban) which is now requesting projects for funding with a deadline of May 3. The U.A.B. still has some funding available as well. The City must apply for this funding as soon as possible if they wish these projects to be considered. Mr. Cottingham stated he appreci- ated the cooperation of the City Departments in preparing this Report. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT PROPOSED RESOLU- TION BE READ. CARRIED. Attorney Parker read proposed resolution accepting T.O.P.I.C.S. Report prepared by Stevens, Thompson Run- yan. MOVED BY HARRIS, SECONDED BY SAUL, THAT RES. #425 BE ACCEPTED AS READ.* Councilman Sterling asked if any costs had run over the budget for the Report. Steve Hall stated he knew of none. *CARRIED, Discussion: Legal Councilman Johanson stated this arrangement with Mr. Senn will not advisor for the City involve a contract, it is just a recommendation of a firm which the Council Council will utilize for professional services. There is no specif- ic time period involved. The advisor being considered is Mr. Charles Senn of.Torbenson, Thatcher, McGrath, Treadwell Schoonmaker. Mayo] Todd asked if Mr. Senn is an expert in municipal law and asked if Mr. Senn would be retained at the fee schedule quoted in the Special Meeting Minutes of April 10. Councilman Johanson explained the working and financial arrangements. Mayor Todd asked which R.C.W. vested the Council with the authority to hire an attorney. Council- man Johanson stated he had no ordinance or statute to recite, but this is a matter for the Council to act on it is not an adminis- trative matter. Councilman Saul stated it was his impression the Council would go to President Traynor with matters for the advisor and President Traynor would contact the advisor. Councilman Traynor wanted to know which ordinance or R.C.W. would allow the Council to proceed with this. Councilman Sterling stated his concern for this and stated there is money in the Council's budget for the expense. Attorney Parker stated there is nothing in the R.C.W.s allowing the Council to hire an attorney. Mayor Todd stated this is a question- able expenditure that could fall back on those people who are spend- ing it to be able to pay it. Mrs. Anna Bernhard asked if this legal advisor is an expert in municipal law and if not, what is the use of hiring him. Councilman Johanson stated Mr. Senn had previous exper- ience in the Army and with the Cities of Seattle, Medina, Edmonds, and Lynnwood defending disputes with the cities. Mayor Todd asked if Mr. Senn is the same attorney who defended City Treasurer Mae Harris regarding bank account premiums. Councilman Johanson replied yes. City Treasurer Mae Harris stated Mr. Senn is not her personal attorney. Councilman Sterling suggested researching the ordinances and R.C.W.s for authorization to act on the legal advisor. Council- woman Harris stated the Council is justifiably correct to engage an attorney to advise us, as are the other departments who get profes- sional advice. We need to draw up a resolution including all the arrangements discussed here. Mayor Todd asked if more than one attorney had been interviewed. Councilman Johanson stated no. Coun cilman Sterling stated the Council was provided a list from the Association of Washington Cities recommending four top municipal attorneys. Mayor Todd stated all of them have considerably more municipal experience. He then stated in the event of a difference in opinion between Mr. Senn and Mr. Parker, only one would have the authority anyway. Councilman Johanson stated Mr. Senn will be pro- viding guidance, not opinions. Mrs. Phyllis Pesicka stated it is redundant to hire an attorney when the Council has the services of Attorney Parker and the Association of Washington Cities. There are other things to spend this money for which would be for the good of the City. Councilman Sterling stated some of the opinions of A.W.C. were not shared by the administration and the City Attor- ney. We need additional advice for legislation. Mrs. Pesicka stated this sounds rather vague when right now there is nothing for the Council to seek advice about. It seems the Council is hiring an opinion which is not going to carry any weight with anyone. What good will you get for your money? Councilman Sterling stated the TUKWILA CITY COUNCIL MEETINGS April 15, 1974 Page 4 CORRESPONDENCE AND CURRENT BUSINESS Cont. Council legal advisor Cont. Discussion: Sewer connections with the City of Kent re: Southcenter South Plat Discussion: Funding for aerial photography RECESS 9:35 P.M. 9:45 P.M. Developers Agreement Doces and Lincoln Properties 75" legal advisor would let us know if A.W.C.'s recommendations are valid in any cases of dispute and will help us with legislative decisions. Councilman Johanson stated the Council would never deny the City Engineer professional services. This consulting service for the Council has no bonds between the City and the advisor. A discussion followed on who will write the resolution engaging a legal advisor. Councilman Johanson stated he would draft the reso- lution himself to be presented to the Council at the next Regular Meeting. Steve Hall, Public Works Director, briefly commented on the meeting held with City of Kent officials. Councilman Sterling asked if the City of Tukwila will be paying for the capacity. Mayor Todd stated the developers by agreement would pay. The City of Tukwila is act- ing as the agent to initiate an agreement with the City of Kent. Steve Hall explained he has received as estimate for aerial photo- graphy from Walker Associates in the amount of $9,985. The De- partment's budget will need $2,500 more to meet this amount. He stated he found $1,500 in the Street, Water and Sewer budgets to add to the $6,000 already in the Planning Department's budget. These photos are critical for the City's use and will be easy and inexpen- sive to upgrade once the base maps are made. Councilwoman Harris asked if anything is available from the State or King County. Steve Hall stated the maps available there are incomplete and outdated. Councilman Sterling stated from an engineering standpoint, the maps will be invaluable and the money will be well spent. MOVED BY TRAY NOR, SECONDED BY STERLING, TO AUTHORIZE THE MAYOR TO RESEARCH THE BUDGET FOR $2,500 TO ADD TO THE PUBLIC WORKS BUDGET. CARRIED, WITH JOHANSON VOTING NO, because the City Council is responsible for this finding of funds. MOVED BY DAVIS, SECONDED BY HARRIS, TO RECESS. CARRIED. Mayor Todd called the Meeting back to order with all Councilmembers present as previously listed. Attorney Parker stated this Agreement is in amended form, but there were other amendments discussed this morning which are not included. He stated the parties met last week to discuss the changes that had been discussed at the previous Council meeting. We recommend that the Agreement be considered rather than delay it further. There is an alternate solution to the drainage problem of using the 54" line as indicated in the Agreement. The alternate plan is to construct a force main and pumping station to divert the creek into the exist- ing 66" line which will greatly reduce the flow in the existing 60" line which has reached its capacity. Following this morning's meet- ing, the Mayor and Steve Hall discussed the proposal with the County Hydraulics Division and it was favorably received. Steve Hall ex- plained in detail the alternate proposal discussed with King County. The Soils Conservation Service indicated they would also consider the plan. Mayor Todd stated if the plan were feasible, it would put an end to the law suit which is pending at this time. It would also eliminate the need for the 54" line; the cost of which would go toward the pumping station. Mr. John Flattery stated the future development in the City of Tukwila will be questionable if everyone has to wait for the additional 60" line to be constructed. He stated that Mr. Jon Stack was employed to come up with an alternate plan which was brought to a head at this morning's meeting. This new plan will resolve the problem and permit future development which allows further generation of tax revenue by increasing the commercial activity. This alternate solution will relieve the "some body" of having to build the second 60" line. Other developers who participate in the use of the pumping station could also participate in the cost of it as they develop their properties. The alternate solution and its effect on water flow was discussed. Mayor Todd read a letter from King County Hydraulics Division to Duncan Stur- rock, Office Engineer, regarding the need to provide drainage for the area as soon as possible. Mayor Todd stated this alternate pro- posal would very likely resolve this source of pressure too. Com- menting on Mr. Flattery's statement, Mayor Todd stated a late comers TUKWILA CITY COUNCIL MEETING April 15, 1974 Page 5 CORRESPONDENCE AND CURRENT BUSINESS Cont. 6 ?6 Developers Agreement agreement would be possible for use of the pumping station. Mr. Cont. Jon Stack, Harstad Associates, presented a preliminary drawing of the area and proposed drainage facilities, and discussed the calcu- lations of water flows. Councilman Sterling asked if Mr. Segale's situation would be changed. Mr. Stack replied no. Discussion con- tinued on the proposed alternate solution and its effects. Mayor Todd reminded the Council that Mr. Doces and others are waiting for a decision on the Developers Agreement as amended. Councilman Ster- ling stated if the alternative is not possible, then the 54" line would have to be built which will put the drainage above capacity in the 60 He stated he is willing to allow Mr. Doces to go ahead, but he feels it is the Doces property which will be putting the overburden on the 60" line and not Segale. Steve Hall read a section of his letter to the Council dated April 10 regarding build- ing permits, Andover Park West /South 180th Street area. Mr. Jon Stack stated it will be necessary to recreate some of the original planning of the Comprehensive Plan. There is no problem with the design of the facilities. I am sure we can do it. He stated he has not been able to find all of the data for the planning of the Com- prehensive Plan but will contact Hill, Ingman E Chase for this in- formation. Mayor Todd stated if this solution is acceptable it will then be necessary to modify the Comprehensive Plan. He asked Mr. Flattery if he would resist changing the Agreement and contributing funds to any other solution than the 54" line. Mr. Flattery stated he would agree to the change. It would tie up the rest of my pro- perty and Mr. Segale if I did not agree. He stated the decision is to be made by the Council to allow Mr. Doces to proceed. We would agree to execute the Agreement or to engineer the alternative pro- posal and go on to a new Agreement. Mr. Mario Segale stated it was very nice to find this solution to the drainage problem. He stated he is ready to sit down and trade the law suits for agreements. Attorney Parker suggested entering an addendum to the existing Agree- ment. The advantages of the proposal are so great to the developers and to the City that each party would want to pursue it if at all possible. He recommended a supplemental agreement if the alterna- tive solution is feasible, which could be substituted at the time it becomes acceptable to King County. Councilwoman Davis stated she would like to see all of this together next week. Mr. G. John Doces stated he has agreed to spend the money, why delay this for one more week? Last week we were told to wait for some changes and this week we are still waiting. We will totally agree to spend whatever you are asking. We totally agree to go with one solution or another The Council is creating a hardship for us. We will sign the amend- ment, so in the meantime, let us go on with our plans. Councilman Sterling stated the Council must anticipate the worst possible con- ditions and if we sign the Agreement with an amendment and then we cannot use the 66" line, what will happen to Mr. Segale? Steve Hall referred to Paragraph 7 in the Agreement regarding the performance bond to be posted by Doces. Councilwoman Harris stated we cannot summarily go about changing the Comprehensive Plan without due process. Mayor Todd stated that when the time comes, the Compre- hensive Plan will be revised in a legal manner, through the Planning Commission and the City Council. Attorney Parker suggested an amend ment to the Agreement which would indicate the alternate plan as the first preferred course of action. Mayor Todd asked how the financing would be arranged for the pumping station. Attorney Par- ker stated the performance bond will be sufficient to cover the costs of either plan of drainage construction. Mayor Todd proposed to meet and discuss this matter with all parties. Mr. Flattery stated the total scheme of resolving the total problem for the devel opers and the City will benefit all and the developers in that area should share the cost. Mr. Segale stated his share of the problem is a great deal of what is being proposed and discussed. Mayor Todd asked Mr. Segale if he thought this proposal offers advantages to all parties and taxpayers. Mr. Segale replied yes, if it is a legal binding document. Councilman Johanson suggested the Council hold a special meeting on this problem. Attorney Parker suggested includ- ing an additional paragraph which would provide the alternate solu- tion for drainage, vote on it subject to passing a resolution auth- orizing the Mayor to execute the Agreement next Monday night. Mayor Todd suggested another additional paragraph that the Agreement will TUKWILA CITY COUNCIL MEETING April 15, 1974 Page 6 CORRESPONDENCE AND CURRENT BUSINESS Cont. Developers Agreement be valid conditional upon dissolution and withdrawal of all litiga- Cont. tion on the matter of storm drainage. He stated it was his opinion Sammamish would accept this. Mr. Flattery stated the law suit in- volves the integrity of the existing 60" line. By preserving that integrity, by diverting the creek, you don't have anything to sue about any more. RECESS MOVED BY HARRIS, SECONDED BY STERLING, THAT THE MEETING RECESS UNTIL 11:05 P.M. THE FOLLOWING EVENING, APRIL 16, AT 7:30 P.M. TO CONTINUE THE AGENDA AND MEET IN EXECUTIVE SESSION WITH THE CITY ATTORNEY TO DISCUSS LITIGATION MATERS.* Mayor Todd suggested the parties involved meet with representatives of Sammamish Commercial Co. so that they may be present at the Recessed Meeting. Councilwoman Harris stated she would like to see all the attorneys involved with this, present dur- ing the Executive Session. *CARRIED. April 16, 1974 TUKWILA CITY COUNCIL Tukwila City Hall 7:30 P.M. RECESSED REGULAR MEETING Council Chambers MINUTES CALL TO ORDER Mayor Todd called the Recessed Regular Meeting of April 15 to this date to order at 7:35 P.M. ROLL CALL OF COUNCIL MEMBERS CORRESPONDENCE AND CURRENT BUSINESS Cont. GARDNER, TRAYNOR, HARRIS, SAUL, JOHANSON. MOVED BY TRAYNOR, SECOND- ED BY HARRIS, THAT COUNCILMEMBERS STERLING AND DAVIS BE EXCUSED. CARRIED. Attorney Parker arrived at 7:37 P.M. 677 Developers Agreement Mayor Todd asked what action the Council will take on this matter at Cont. this time. Councilwoman Harris stated the Council is in a terrible dilemma, it is difficult to see our way out of it. There has been a lot of discussion and there is a lot of merit in what each inter- ested party has presented to us. Based on last night's discussion, it is possible we might be able to reach a decision. I have spent a lot of time thinking about this situation and there is just no easy answer. She thanked the gentlemen in the audience for being patient with the Council and its deliberations. Discussion followed regarding meeting in Executive Session. Mayor Todd suggested the Council hear the Addendum to the Agreement. He stated the informa- tion has now been formalized. MOVED BY HARRIS, SECONDED BY SAUL, TO READ PROPOSED ADDENDUM TO THE DEVELOPERS AGREEMENT BETWEEN THE CITY OF TUKWILA AND G. JOHN DOCES AND SOPHIA DOCES. CARRIED. Attorney Parker read the proposed Addendum and explained its contents. Mayor Todd explained the Map Job #438 -10 and the requirements of the Com- prehensive Plan for drainage in that region of the City. Late comer: agreement charges were also discussed. Mr. John Flattery, Lincoln Properties, stated these charges are presented as examples only; this is a very preliminary cost estimate. The total scheme of thing: needs further study to come up with a viable system of hook up costs as determined by King County and the City's Public Works Director. We did want to point out the potential savings apparently obtainable by the alternate plan, and hopefully resolving the litigation now pending. Mayor Todd stated if Flood Control did not approve the alternate plan, Mr. Doces and Lincoln Properties are still in a pos- ition to install the 54" line, which does not solve any of the liti- gation problem, but would put them in a position of building under LID #13. Councilman Gardner suggested drafting a resolution re- questing Flood Control to allow us to change the Comprehensive Plan. Mayor Todd stated they have been consulted and explained the events leading up to this alternative plan. Councilman Johanson stated the Council must either accept this as it is or deny the permit. He doe not know how the Council can deny Mr. Doces since he has paid his fair share for storm drainage and now we are sticking him with the cost of the 54" line or the pumping station. He stated he preferred TUKWILA CITY COUNCIL MEETING April 16, 1974 Page 7 CORRESPONDENCE AND CURRENT BUSINESS Cont. Developers Agreement the alternate solution and does not want to deny Mr. Doces his per Cont. mit because it is not relative to the drainage situation that the permit controls. Mayor Todd discussed the problem of the 54" line. Councilman Johanson stated it is then put on the basis of exchang- ing Mr. Doces' development for 26 other acres. It seems more reas- onable and fair to allow the 26 -acre development than the Doces' development. Yet it is not possible to deny Mr. Doces his permit, he is entitled to it. Councilman Traynor asked what can the Council stand on to deny this permit if Mr. Doces is not involved in the 60" line. Mayor Todd stated there must be some accomodation in the Comprehensive Plan and that he sympathized with Mr. Doces who has readily agreed to build the 54" line and pay for it. Councilman Gardner stated perhaps now is the time to impose a flood tax for all based on a charge for blacktop and roofs. The City would have to pay its share for streets. Councilman Traynor asked about the sta- tus of the law suit. Mr. Flattery stated the purpose of the law suit is to protect the existing drainage facilities. If the pro- posed alternate plan is approved and installed, there will be no need for the other 60" line. And if there is no need for that line, there may be no need for the suit. I took the liberty of inviting the attorneys for the plaintiff here tonight to explain their posi- tion in event the plan is approved and installed. Mr. Hennessey, representing Sammamish Commercial Co., stated Mr. Flattery did talk to Sammamish today and although I did not have time to cover this completely, I think I understand the concept. My client wishes to accomplish, by litigation or otherwise, to forever resolve and lay tc rest any controversy with Sammamish and the City of Tukwila, Mr. Segale and any other property owners that may exist. This alterna- tive plan would involve some concessions on the part of all the in- volved parties, but it is probably a stroke of genius because there seems to be no other way of resolving this without a law suit. It would be acceptable to my client if the proposals meet the objective of laying to rest these disputes over surface drainage. By construc. tion of the pumping station, sufficient capacity in the 60" line would be available to permit the property to the south (Segale) to have drainage to it. If that is the case, I am authorized to state it would release or dismiss any litigation that exists between my client and either Mr. Segale or the City of Tukwila in respect to the 60" line and the drainage of surface waters. The only after- thought that occurs to me is that we would also expect that we would in turn be released from any claims either by the City or Mr. Segale for the converse of the proposition, that they assert any other rights to drain water off the property of Sammamish. If this plan will do that, Sammamish will go away with whatever lumps it has taken hoping the entire problem will be resolved. From our standpoint, the solution is not altogether perfect. Councilman Johanson stated the only hangup in his mind is getting approval of the alternate solution from all parties. Mr. Flattery stated Steve Hall informed him the developers can get approval on the alternate plan within 90 days. On the other terms of the 54" line, construc- tion would commence within the 90 days following the execution of the Agreement. Gene Colin, Hugh S. Ferguson Co., stated before any site work can begin, something has to be done with the creek, at least temporary provisions for diverting it until a permanent solu- tion can be established. Mr. Segale questioned the wording of Par- agraph 2 of the Addendum. Mayor Todd stated a late comer proposal was discussed last night and the City Attorney saw fit to separate the information on the alternate plan and the late comers agreement into addendum form. Councilman Johanson requested the definition of the term "subsequent users Attorney Parker stated it referred to future developments which discharged water into the system. Councilwoman Harris stated she is hesitant about the wording "The City shall take such steps as necessary to amend the Storm Drainage Comprehensive Plan in accordance with the provisions of this agree- ment". She stated that the Plan would need to be changed, but she does not want the City to get in the position of giving a mandate to the Planning Commission unless it is predetermined. There will be public hearings where objections may be raised. Councilman Saul stated he would just as soon be locked into a better way to do this. If a mandate is necessary, we should do it. It seems advantageous to all. Councilwoman Harris stated at this point, the verbal TUKWILA CITY COUNCIL MEETING April 16, 1974 Page 8 CORRESPONDENCE AND CURRENT BUSINESS Cont. Developers Agreement Cont. Res. #426, Authorizing execution of Developers Agreement RECESS 8:48 P.M. 8:58 P.M. 6 ?9 evaluation by the State and County is not a firm thing. It would be better to see a commitment in writing from those agencies. Mayor Todd stated the appropriate people were contacted by Steve Hall and we take faith in what we have been told at this point. Mr. Gene Colin, Hugh S. Ferguson Co., stated the Council has no choice but to say we will give it a try. The vacillation on the problem only serves to increase costs and deny your use of revenue. I just don't understand this. Councilman Johanson stated if any decision made by the Council results in a detrimental effect to the taxpayers who would end up installing and paying for this drainage. We must make a proper and just decision. Mr. Colin stated the citizens of Tukwila expect Council to demonstrate public trust, prudence and a certain amount of intelligence to see the forest for the trees. I am aware all of you are very discerning individuals, but I don't think you can get any more information or write any more documents. And you won't know if this plan will be approved until you pass this resolution and present the information to King County. Mr. Hennessey stated Sammamish has said all it has to say and we are willing to cooperate. There is a hearing set for Friday, but we are willing to accept the Agreement and alternate plan. Mayor Todd asked Attorney Parker to explain the situation to the Council who feel they might be walking into further entrapment. He stated he cannot see where the City would have anything to lose by going ahead now. Mr. Doces has graciously offered to upgrade the Com- prehensive Plan in the amount of $115,000. If the City should lose the law suit, not only would we lose the cost of the second 60" line but the cost of the 54" line as well. There is the possibility of Mr. Segale wanting to come in on more storm drainage than we have provided for him based on the fact that we have tapped the creek into the existing 60" line. This is the contingency we have to face, but either way we will have to face it ultimately some place. Attorney Parker stated he could not see that the City would have anything to lose by accepting Mr. Doces' contribution to the Storm Drainage Plan. If the alternate is accepted, we would go a long way to resolving the overall problem. To delay would be a big mistake at this time. Councilwoman Harris asked if it is correct to assume that if the alternate hydraulic system were to be instal- led at this time, then the 54" line and the second 60" line would never need to be required. Mayor Todd stated that is true. Mr. Flattery stated he has to rely on different types of professionals to advise him on what is best to do. He has hired an engineer who has advised him that this appears to be a workable plan. He is offering to fully investigate that plan and offer it to the City's Public Works Director for his approval. We should give it a try. Councilman Gardner asked if the proposed pump would be used all year or just during floods. Mayor Todd replied it would pump year around. He then explained the rough details of the system proposed. Councilwoman Harris asked if the plan is consummated, who gets what building permit when? Mayor Todd stated the first would go to Mr. Doces and then to Mr. Segale. Mr. Mario Segale stated he objected to that based on the fact his application was submitted prior to Mr. Doces' application. Mayor Todd reminded Mr. Segale of the for- malities holding up his permit at this time. Mr. Segale stated the City probably cannot afford to have the pump running 24 hours a day. Speaking as a contractor who has worked with pumps, he felt both the 54" pipe and the pumping station would be necessary. Councilman Sterling arrived at 8:45 P.M. MOVED BY SAUL, SECONDED BY TRAYNOR, TO READ PROPOSED RESOLUTION. CARRIED. Attorney Parker read proposed resolution authorizing exe- cution of "Developer's Agreement between the City of Tukwila and G. John Doces and Sophia Doces, his wife, and Lincoln Property Com- pany. MOVED BY SAUL, SECONDED BY HARRIS TO RECESS. CARRIED. Mayor Todd called the meeting back to order with those Councilmembers present as previously listed. TUKWILA CITY COUNCIL MEETING April 16, 1974 Page 9 CORRESPONDENCE AND CURRENT BUSINESS Cont. Developers Agreement and Res. #426 Cont. Contract Agreement. Wilsey E Ham re: Environmental Assess- ment Summary NEW BUSINESS Sea -King Alert System Agreement LI, COMMI1"1'EE REPORTS Personnel E Finance Committee Report and recommendation MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RES. #426 BE ADOPTED AS READ.* Councilman Johanson stated he wanted to split his for an "aye" for the Addendum and "no" for the Agreement. Mayor Todd stated the two documents go hand in hand. Councilman Sterling stated an explanation could be given with each vote; he is voting for this on the basis Mr. Segale would get his permit first. He stated there is a good chance the State would not approve this alternate plan. Mayor Todd stated Steve Hall contacted the State this morning and was in- formed the State would leave the approval with the County Division of Hydraulics. *ROLL CALL VOTE: 4 AYES STERLING, TRAYNOR, HARRIS, SAUL; 2 NOS GARDNER, JOHANSON. CARRIED. Councilwoman Harris stated she cast a yes .vote based on the presentation of the pro- fessional people given to the Council. She stated she has faith in the professional testimony to the Council on behalf of this matter, and sincerely hope that this does not put the City in financial jeopardy in the future. Mr. Doces stated to the Council that they are not so bad after all. Mayor Todd welcomed Mr. Doces to Tukwila and wished him success. Mayor Todd stated the Council by Resolution authorized Wilsey Ej Ham to prepare an Environmental Assessment Summary for the Shore- line Master Program. Councilman Saul announced the Planning Commis- sion's Special Meeting on Thursday, April 18 to consider the Shore- line Management proposals. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AUTHORIZE THE MAYOR TO SIGN THE CONTRACT AGREEMENT WITH WILSEY HAM. CARRIED, WITH HARRIS VOTING NO, because the Agreement should be covered by a resolution to enter into the Agreement. Police Chief John Sheets stated this is a third -year agreement renewal which was enacted by resolution the first year. The total cost for 1974 is $218.34and is budgeted for the year.MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE MAYOR BE AUTHORIZED TO SIGN THE SEA -KING ALERT SYSTEM AGREEMENT. CARRIED. Councilman Saul stated the Council was presented an agreement with Cabot Dow who may negotiate with the three separate groups of em- ployees of the City. Councilman Saul then gave a brief background of Mr. Dow's experience. MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO HIRE CABOT DOW TO NEGOTIATE WITH TEAMSTERS AND THE POLICE OFFI- CERS GUILD.* Councilman Saul asked why U.S.T.M.E. was not included in the Motion. Councilman Traynor stated the Council could nego- tiate with U.S.T.M.E. Councilman Saul stated the Police Guild has three members who are willing to negotiate at this time and the employees' group is only asking for equal opportunity. Councilman Traynor stated the Police Guild has the expertise from their associ- ation to handle the negotiations and the other group does not have this expertise available. Chief Sheets stated the Guild is not associated with any outside expertise. If the Council hires a nego- tiator for this one particular Guild and not for the other groups, the City employees will feel this is unfair. Councilman Saul stated the maximum amount for negotiation by Cabot Dow was $1,500 for a city. Councilman Sterling stated the City spent about $4,000 nego- tiating for the Firemen. Mayor Todd stated he did not see how Mr. Dow could negotiate for three contracts for such a small amount of money. He stated he felt he could negotiate with the three parties with all fairness. He stated the money would better serve the City in the employees' paychecks than in Mr. Dow's pocket. Councilman Johanson stated now that the employees have united into these groups, it would seem they expect to have a professional negotiator. Mayor Todd stated it seemed Councilman Johanson indicated other than the true reason for the employees to unite themselves. He stated he clearly recalls Councilman Johanson recommending that they do unionize. Mayor Todd asked if anyone in the audience also heard that statement by Councilman Johanson. Chief Sheets stated the Police officers had requested certain benefit considerations which the Council stated it would look into. The Police have been put off ever since, and that is why they decided to form a group TUKWILA CITY COUNCIL MEETING April 16, 1974 Page 10 COMMI 1'1'EE REPORTS Cont. Personnel E Finance Committee Report and recommendation Cont. Letter to Seattle Times Editor re: PERS E LEFF Tukwila Days Meeting and Tukwila Days Benefit Dance ADJOURNMENT 9:50 P.M. Al"1EST Frank Todd, Mayor i /V/ j i i Shirlee A. Kinney, City Clerk;% 681 they were disappointed by the lack of action from the Council. Mayor Todd stated we are now talking about the time the employees were requesting consideration for life insurance and other benefits which were not received by them at the last budget discussions. They came to the Council with their requests and Councilman Johanson stated at that time if they were not satisfied, there alternate choice was to form a union. Councilman Johanson stated the remark is contrary to his nature. City Clerk Shirlee Kinney stated she recalled at the time budget deliberations were held, that those statements as recalled by Chief Sheets were made. Officer Scribner stated at those budget meetings, the officers felt it would be easier to handle the situation by going union so that adjustments could be made by contract rather than changing the City ordinances. Councilwoman Harris stated she did not know where the money would come from for a professional negotiator since the expense is not budgeted for this year. She stated she felt the Council should sit down and decide what it can offer to the employees and then meet with each group ourselves to hear their case. There is an R.C.W. which outlines the schedule for negotiating. The Council is able to do this. Mayor Todd asked if King County Council negotiates with County employees. Councilwoman Harris refused to answer. Councilman Sterling stated the Personnel Board does the negotiating for the County and the Board is a part of the administration. *MOTION AND SECOND WITHDRAWN BY COUNCILMEMBERS TRAYNOR AND JOHANSON RESPECTIVELY. MOVED BY TRAYNOR, SECONDED BY STERLING, TO AUTHOR- IZE THE MAYOR TO GO INTO NEGOTIATIONS WITH THE THREE EMPLOYEE GROUPS AND REPORT TO THE COUNCIL PRESIDENT ON A DAILY BASIS DURING THE NEGOTIATIONS. CARRIED, WITH HARRIS VOTING NO. Councilman Johanson read a letter to the Editor of the Seattle Times regarding LEFF and PERS systems. He stated the State Legis- lature has been irresponsible in budgeting for the retirement programs. The benefits available under these programs are greater than those available to the general public and they should be con- sidered along with other benefits for the City's employees. Coun- cilman Saul stated he hoped as a result of the Mayor's efforts to negotiate, that relationships will be better all around. Chief Sheets stated that Councilman Johanson stated he totally agreed with the newspaper article just read; he referred to the sentence, "How do you measure the manhood of a uniformed employe to whom it is explained that his personal welfare will cost his children and grandchildren, and still reaches for that personal gain Chief Sheets asked if Councilman Johanson were doubting the integrity of our Department or that the funding is not correct. Councilman Jo- hanson stated the problem is with the State funding. His concern is that these items are not negotiable. The Police Officers now have these benefits, but they are not being funded. Any benefits established from this point on will be on top of those programs already benefitting the employees. Councilman Traynor stated he agreed with Councilman Johanson that the benefit is there, is City paid and must be recognized. Mayor Todd stated Social Security is the same and we have no choice but to pay it. And would the Council consider making the Mayor's job full -time with no higher pay so that the Mayor can receive retirement benefits? Councilman Saul announced a meeting for Tukwila Days for Wednesday, April 17 at the home of Kathy Gieberge at 8:00 P.M. Also, May 4 is the date of the Tukwila Days Benefit Dance which has been desig- nated "Tukwila Graffiti" and the tickets are now for sale at $5.00 per couple. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MEETING ADJOURN. CARRIED. TUKWILA CITY COUNCIL MEETING April 16, 1974 ADDENDUM In reference to the discussion on Page 681 of the Minutes, the following article was read by Councilman Johanson and discussed. From the Seattle Times, Letter to the Editor: "Congratulations to The Times on a splendid series on public pensions. The articles have quite an impact. Twelve years ago I was involved with the efforts of the Washington Research Council to warn the public about the ultimate effects of certain actions in the public pension field Public employes, legislators and the public should have the courage to really confront some basic ques- tions. How do you measure legislators on scales of respon- sibility and integrity when they cave in to pressure that loads future debt on children and grandchildren? b 82 How do you measure the leadership of public employe groups that understand the arithmetic of what they are doing, but press on to do it for personal gain and control and status? How do you measure the manhood of a uniformed employe to whom it is explained that his personal welfare will cost his children and grandchildren, and still reaches for that personal gain? On any of these scales the measurement has to read "low" for integrity, responsibility and honor Councilman Johanson stated he felt the article represented his personal feelings.