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HomeMy WebLinkAbout1974-05-06 Regular MinutesTUKWILA CITY COUNCIL REGULAR MEETING MINUTES 94;it. Tukwila City Hall Council Chambers Mayor Todd 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 TRAYNOR, SECONDED BY STERLING, THAT THE MINUTES OF THE MARCH 15 and 16 REGULAR MEETING BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE MINUTES OF THE APRIL 22, 1974 REGULAR MEETING BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MINUTES OF THE SPECIAL MEETING OF APRIL 29, 1974 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilman Traynor stated Councilwoman Davis does not approve of Voucher #2756. Mayor Todd asked what specifically is the voucher for. Councilwo- man Davis stated the voucher is for Wayne Parker in the amount of $1,257.50. Mayor Todd asked what the money applies to. Council- woman Davis stated she did not know. Mayor Todd stated we have to find out. Councilwoman Davis asked why. Councilman Traynor stated the voucher is for the monthly retainer of $1,100 and three trial preparations, a court appearance and a Sammamish Commercial and City of Tukwila appearance in court to set a trial date. Mayor Todd asked Councilwoman Davis if she is withholding approval on that specific number. Councilwoman Davis stated she was withholding approval on all charges. Councilwoman Harris stated she objected to Warrant R -2 and another warrant from J. Carroll Shoe F Associates pertaining to LID #20 for consulting services to date, June July and October, 1972 with a notation "Not Funded It is in the amount of $875.00. She stated she questioned why we are now paying for something that occured in 1972. Mayor Todd stated it is because LID #20 was funded at the last Council meeting by borrowing interim financing dollars from Seattle -First National Bank, the low bidder. City Clerk Shirlee Kinney stated it is customary to hold payment until funding comes about. Mayor Todd asked if Councilwoman Harris was satisfied with the explanation. Councilwoman Harris stated she was not aware that this is the standard procedure. Councilman Gardner stated he questioned LID #20 Warrant R -4 which mentions the Interurban pump station and force main for engineering services in 1972. Mayor Todd stated at that time, LID #20 was contemplated to consist of a force main and lift station and that is when the bill was incurred. The reason this has not been to the Council table prior to now is that the financing had not been arranged. The engineering was later changed when it was discovered a lift station was not needed. At the time the bill was submitted, the engineer- ing had not been changed. Councilman Sterling asked if there is a force main on LID #20 now. Mayor Todd replied no, it is all gravi- ty line now. Mayor Todd then stated he wanted to know why Council- woman Davis disapproved of Voucher #2756. If there is something legally wrong with the voucher, he stated he wanted to know. Coun- cilwoman Davis stated there is nothing legally wrong with it. She noted D.R.A. 1.1 J., Violation of the code of professional respon- sibility of the profession adopted by the Supreme Court of the State of Washington. Mayor Todd asked Councilwoman Davis to read it. Councilwoman Davis stated that was the code. Mayor Todd asked what in the code applies to the case of her objection. Council- woman Davis stated that was up to another Councilman to state. Mayor Todd asked who the other Councilman is. Councilwoman Davis stated her reason is sufficient. Councilman Sterling stated it is not improper for a Council member to question a voucher. Mayor Todd agreed and stated it is also not improper for the Chair to question the reason for the objection. We have heard the title of the D.R.A., but not the text. Councilwoman Davis stated Attorney Parker had not complied with the City Council by ordinance when the Council directs him. She cited R.C.W. 35.24.110 which refers to City Attorney duties. Mayor Todd refered to D.R.A. 1.1 J., stating he wished to hear the text which supports her position. Council- woman Davis declined to comment. She stated it is up to another TUKWILA CITY COUNCIL MEETING May 6, 1974 Page 2 9,3 VOUCHER APPROVAL Cont. Councilman to answer. Mayor Todd asked which other Councilman. Councilwoman Harris stated it is herself. She stated Mrs. Davis and herself question the propriety of the City Attorney Councilwoman Davis asked Mrs. Harris to speak for herself. Council- woman Harris stated, speaking for herself, she questioned the pro- priety of the City Attorney apparently transferring and conveying paper work regarding the recall against five Council members down to the County building. This should be the function of the Commit- tee and /or their attorney. If the City Attorney does not work for us, then who? Mayor Todd asked how R.C.W. 35.24.110 applies to this Councilwoman Davis stated it referred to the time she had asked for a written opinion and being refused a written opinion on whether or not she could vote on the City Hall site. She stated the fact it had been included in that meeting's Minutes was all right, but would have preferred to have it in writing. Mayor Todd asked if her question at that time had been answered. Councilwoman Davis stated Attorney Parker had replied his secretary was tired. Councilman Sterling asked Attorney Parker if he had conveyed the recall charges to the Prosecuting Attorney's office. Attorney Parker stated he took them to Mr. Dillon. They must be delivered immediately and the City Clerk had asked him to take them himself since he was going there anyway. Councilman Sterling asked Attorney Parker if he is a member of the Committee. Attorney Parker stated no, he is the City Attorney acting on behalf of the City of Tukwila in response to the City Clerk who is responsible for forwarding the documents to the Prosecuting Attorney's office. Councilwoman Davis stated she had been referring to what some other Councilman knew. Attor- ney Parker stated the City Clerk had referred to an outdated stat- ute which stated the documents must go to the City Attorney for preparation of the ballot synopsis. He stated he took copies of the charges to his office and then found out from a new statute that the ballot synopsis is the responsibility of the Prosecuting Attorney and so advised the City Clerk. The City Clerk then asked me personally to deliver them. Attorney Parker stated he called Mr. Ralph Dillon's office and was told to bring the papers there first, they they would be forwarded to Chris Bayley's office. And that's what I did. Councilwoman Harris stated she had said it was apparent the City Attorney had delivered the papers to the Court House. Attorney Parker stated the papers were not delivered to the Court House. Mayor Todd requested a vote on the vouchers. Councilwoman Davis asked President Traynor if she voted "yes" on the vouchers, she had already signed noting her intention to delete that voucher, will that be deleted? Councilman Traynor indicated it would be deleted on the one voucher for her signature only. Mayor Todd stated if the vouchers are approved, the voucher sheet goes with them and any remarks will be forever noted on it. *ROLL CALL VOTE: GARDNER NO, STERLING YES, TRAYNOR YES, DAVIS YES. Councilwoman Harris stated she would approve all the vouchers with the exception of #2756, R -2 and R -4 of LID #20. Mayor Todd called Councilwoman Harris out of order in making conditions in her vote at this time. Councilwoman Harris appealed the order. Mayor Todd stated it would be better to vote "no" rather than clutter up the records with something after the fact. City Clerk Shirlee Kinney asked for a clarification of Councilwoman Harris' vote. MOVED BY HARRIS THAT THE COUNCIL APPEAL THE CHAIR'S DECISION TO RULE ME OUT OF ORDER. Mayor Todd stated it should be clear that re- marks on a roll call vote are illegal and will not be allowed. Councilwoman Harris clarified her motion: MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE COUNCIL APPEAL THE CHAIR'S DECISION TO RULE OUT OF ORDER MY DESIRE TO WITHHOLD MY APPROVAL ON SOME VOUCHERS. Councilman Saul questioned whether Councilwoman Davis' and Council- woman Harris procedures were in fact not the same thing. Mayor Todd stated yes, but that Councilwoman Davis had signed her name and Councilwoman Harris had not. He stated he had no objection to written comments on the vouchers; the voucher should be properly noted and signed before the vote so that there is something to vote on. Councilman Sterling stated a person in discussion can state any and all bills within the list of the vouchers that he is for or against being paid. Upon doing that, it is a matter of record. Then when that is signed, you can indicate any and all vouchers you do not approve. If you vote for the passage of the acceptance of the vouchers, those others are excluded. Mayor Todd stated the better record is for Councilwoman Harris to put her objections in TUKWILA CITY COUNCIL MEETING May 6, 1974 Page 3 VOUCHER APPROVAL Cont. PROCLAMATION Municipal Clerk's Week CORRESPONDENCE AND CURRENT BUSINESS Presentation of final plat McCann development Southcenter South Industrial Park writing. He then asked Councilwoman Harris to enter the voucher sheet excluding those she is not signing vote. *MOTION TO APPEAL THE CHAIR'S DECISION FAILED VOTING YES. *ROLL CALL VOTE: HARRIS NO, SAUL YE YES. CARRIED. Vouchers #2711 #2842 Current Fund #2711 #2779 Park Fund #2780 #2793 Emer. Empl. #2794 Street Fund #2795 #2812 City Shop #2813 Fire Station #2814 Water Fund #2815 #2829 Sewer Fund #2830 #2842 LID #20 Cash 1 -4 $16,212.85 Rev. R -1 R -4 16,212.85 LID #21 Cash 14 -15 $462.51 Rev. R -9 R -10 462.51 LID #22 Cash 15 -16 $15,316.58 Rev. R -11 R -12 15,316.58 LID #24 Cash 1 -2 $12,798.96 Rev. R -1 R -2 12,798.96 LID #25 Cash 1 $17,605.82 Rev. R -1 17,605.82 36,270.50 1,300.19 105.46 20,438.35 35,021.37 32,551.72 16,517.25 17,219.16 $159,424.00 9..$1 her remarks on for and we can WITH HARRIS S, JOHANSON Mayor Todd read the Proclamation honoring Municipal Clerks during the week of May 5 through May 11, 1974. Mayor Todd stated City Clerk Shirlee Kinney has been doing an excellent job and deserves the admiration and respect of everybody in Tukwila. He challenged any city to have better records and procedures. Councilwoman Davis commented that Shirlee had been very polite and professional in serving the public. Shirlee Kinney stated she appreciated the effort to work with the administration and the City Council. There are the good times and the bad times you will find anywhere, but it is a great City. She stated she felt her heart was here and not in Renton where she lives. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE AGENDA TO INCLUDE ITEM 7f. AT THIS POINT. CARRIED. Councilman Sterling asked if the 35 foot setback had been changed in the design to be 50 feet. Jon Stack, Harstad Associates, replies yes, in conformance with the De- partment of Ecology. Gary Kucinski, Planning Director, read from the plat and gave a map presentation of the final plat. A discuss- ion followed on the alternate water and sewer facilities. Mayor Todd pointed out it is the responsibility of the Council to rely upon the staff in Planning and Public Works to decide the best utilities design. Duncan Sturrock, Office Engineer, stated there are three alternatives listed in the text of the plat. Councilwoman Harris stated there is no performance bond and developers agreement signed at this point. She stated those documents should be executed and signed. Mayor Todd stated there would be no way to enforce something that is not in the Code, it states that these documents come after the plat is approved. Councilwoman Harris asked if that refers to the preliminary plat or the final plat. She stated once the plat is recorded, there is no assurance without a performance bond or developers agreement that these functions will be done. Duncan Sturrock read from T.M.C. 17.16.030 which states the bonds will be posted after the final plat is recorded with the County. Mayor Todd stated when McCann comes in for a building permit TUKWILA CITY COUNCIL MEETING May 6, 1974 Page 4 CORRESPONDENCE AND CURRENT BUSINESS Cont. McCann plat Cont. 6 9S to install the utilities, he will be asked to produce a performance bond first before the permit is granted. Councilman Gardner stated he is concerned with the water pressure. He asked the Fire Chief if we hook into Andover East with a 12 inch line, will that affect our fire fighting ability or fire rating. Fire Chief Hubert Crawley stated the system is designed to carry 3,500 gallons per minute. If a building is designed to require an excess of 3,500 gallons per minute, the developer will be required to build auxiliary capacity on site, which means holding tanks. Mr. Blaine stated it is impor- tant to them not to be penalized by fire insurance rates because of inadequate water supply. We took this to our insurance agent, Washington Survey Rating Bureau, and the water pressures and flow are satisfactory for the purposes of our building, sprinkler systems and fire fighting in the area. Councilwoman Harris referred to T.M.C. 17.24.010, stating a plat bond equal to 50% of the estimated cost of the improvement and a plat maintenance bond equal to 121/2% of the cost of the improvement is required at the time the plat is filed with the City. Mr. Blaine stated there has been no final filing. This action tonight will be for the approval of the plat. We will now gather all the signatures required, and at that point, it will be ready to file and we will have the bonds at the point of filing. Gary Kucinski stated the procedure is for the Council to authorize the Mayor to sign the face of the plat. The Council can make it subject to a bond being in the City's hand prior to his signing the plat if they wish. Councilwoman Harris stated if we give our approval, there are the alternate methods which will be the developer's burden to achieve completion of one or another and the City will be out of it. Mr. Blaine stated the City is to fur- nish us with services and they have agreed that they will in some form. When the City determines how they will present these services to us, we will take our lines and hook in. Mayor Todd stated the City is far from out of it. Councilwoman Harris stated she meant it is up to the developer now to make his arrangements with which City (Tukwila or Kent) will provide him the services. Mr. Blaine replied no, it will be at the direction of the City of Tukwila which way they will go. Mayor Todd stated when the City gets the best possible method of servicing sorted out, Steve Hall and the developer will get together and discuss it and agree by posting the bonds that the facilities will be built according to City specifi- cations. If the sewer and water system goes through Kent, then they will be built according to Kent's specifications because they will be deeded to Kent for their maintenance. Duncan Sturrock stated the Public Works Department still has to issue the permits for sewer, water, streets, etc. We are not done with this by far. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE COUNCIL AUTHORIZE THE MAYOR TO SIGN THE FINAL PLAT OF McCANN DEVELOPMENT, SOUTHCENTER SOUTH INDUSTRIAL PARK.* Councilman Gardner stated there should be a loop for the water supply, perhaps with Kent on one side and Tukwila on the other. Mr. Blaine stated that could not be done since there would be Seattle water mixing with well water. Mayor Todd stated the minimum water needs seem to be there, but it is the job of the Public Works Department to see that the developer meets all City and County and State specifications. Councilwoman Davis stated she had talked to a man at King County who said once the final plat is approved and filed, it is done with. If any Council members feel there are changes needed, we should not continue with it. Mayor Todd stated the plat has gone through Planning Commission and Council public hearings and he sees no need to change anything. It has been reviewed thoroughly. Councilman Saul stated this is one of the most complete and best presented plats we have ever had in the Planning Commission. The requirements according to the Shorelines Management Act are met far in excess. He stated he is not concerned that everyone will not live up to their obligations. Councilwoman Davis stated she wanted an explanation of the loop system. Mr. Blaine stated it is not their wish to have a dead -end line. We would hope the City will further extend to the south to give us a tie in because we are paying a small insurance penalty for lack of it now. Chief Crawley stated there is nothing to loop the line into. Mayor Todd stated at some date in the future, we TUKWILA CITY COUNCIL MEETING May 6, 1974 Page 5 CORRESPONDENCE AND CURRENT BUSINESS Cont. McCann Plat Cont. ORDINANCES AND RESOLUTIONS Res. #429, Authorizing Mayor to grant an easement to Val Vue Sewer District for installation of sewer lines Proposed resolution to create an LID (So. 152nd Street) Proposed ordinance vacating a portion of So. 152nd Street Ord. #861, Accepting donations for the Aid Car CORRESPONDENCE AND CURRENT Letter from Anne Altmayer re: Park Board American Public Works Association Award of Honor 1973 to Tukwila Mayor's report on labor negotiations Discussion: City Attorney's fees 670 may be able to hook into Water District #75. *ROLL CALL VOTE: 5 AYES STERLING, TRAYNOR, DAVIS, SAUL, JOHANSON; 2 NOS GARDNER, HARRIS. CARRIED. Councilwoman Harris stated she voted no because she feels the bonds should be furnished at this time; she is not criticizing the plat plans. Councilman Traynor asked to be excused from the meeting at 8:50 P.M. MOVED BY SAUL, SECONDED BY HARRIS, THAT STERLING BE APPOINTED COUNCIL PRESIDENT PRO -TEM FOR THE REMAINDER OF THE MEETING. CARRIED. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution authoriz- ing the Mayor to grant an easement to the Val Vue Sewer District for installation of sewer lines within the public right of way in an area of the City of Tukwila. MOVED BY STERLING, SECONDED BY DAVIS, THAT RES. #429 BE APPROVED AS READ.* Councilman Sterling stated there is an agreement with Metro that as soon as the line is to be used, there will be a charge of approximately $20,000. Mayor Todd stated Val Vue will be using the line and will pay the charge. There is no City money involved. Councilwoman Harris asked why the easement is necessary. Mayor Todd stated it is the only way Val Vue can come through the City and hook into the Metro line with ULID #6. Councilwoman Harris stated she would like to see more identification on the documents such as a map. Duncan Sturrock pointed out the area on the City map. Mayor Todd then explained the contract signed with Val Vue for the rights of way. *CARRIED. Duncan Sturrock, Office Engineer, stated more ground work is necess- ary and requested the Council to Table the proposed resolution. MOVED BY STERLING, SECONDED BY SAUL, TO TABLE. CARRIED. MOVED BY HARRIS, SECONDED BY SAUL, TO TABLE. CARRIED. MOVED BY STERLING, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance accept- ing donations for Fire Department Aid Car. MOVED BY DAVIS, SECONDED BY HARRIS, THAT ORD. #861 BE ADOPTED AS READ.* Council- man Saul stated this is a very fine thing and we should try to get more clubs to participate. Mayor Todd stated the Rotary has something planned for next fall. *CARRIED. BUSINESS Councilwoman Harris read a letter from Anne Altmayer thanking the Mayor, City Council and City staff for aid and support during her term of office on the Park Board. The letter reviewed the success- ful programs of the past and expressed hope for the recreational programs of the City for the future. Mayor Todd read the letter announcing Tukwila as winner of the Award of Honor for 1973 to Tukwila and read his letter of congratu- lations to Steve Hall, Gene Isler and all the Public Works Depart- ment employees. Mayor Todd stated there is a tentative agreement for the Police Guild with the City. He requested an executive session with the Council at the May 13 regular meeting. The agreement with the Public Works employees should be ready by then also. He stated he has not met yet with U.S.T.M.E. Mayor Todd read a letter from City Attorney Wayne Parker regarding legal fees and monthly retainer, dated April 29. Councilwoman Davis stated she did request of the administration what Mr. Parker made in 1973 and was given a slip of paper which read $21,000 including LIDS. The breakdown figures out to about $14,000 and she is wondering what is missing. Mayor Todd suggested Council- woman Davis review the letter first. Attorney Parker stated he TUKWILA CITY COUNCIL MEETING May 6, 1974 Page 6 CORRESPONDENCE AND CURRENT BUSINESS Cont. City Attorney's fees Cont. Letter from A. Wesley Hodge re: sale of Foster Golf Links NEW BUSINESS Claim for damages Katherine J. Zahn Approval of extra work order E request of additional funds re: City Shop Phase II Request for additional funds Fire Station primary power service provided the copies of warrants from his file rather than try to have them sorted out from all the warrants in the City's file. Councilwoman Davis stated she realized Attorney Parker is doing quite a service for the amount of money he is making when it would cost $40 per hour from someone else. Mayor Todd read a letter dated April 22 offering the Foster Golf Links, Inc. for the sum of $2,900,000. Councilman Sterling stated at one time it was suggested that the Council find out what the purchase price would be in order to present it on a bond issue for the voters. Mayor Todd stated the price they are asking is far in excess of the appraisal. At this time, there is no funding avail- able and it would seem there are other priorities this year. MOVED BY HARRIS THAT THE COUNCIL SET A DATE FOR A SPECIAL MEETING TO DISCUSS THIS WITH REPRESENTATIVES OF THE GOLF COURSE.* Council- man Johanson stated the Council can go into executive session to discuss the purchase of land. Councilwoman Harris suggested going into executive session during the special meeting. It would be nice to have public input on this to see what the people feel. Councilman Johanson stated the point is that until you have some- thing to offer the public, what is the point of wasting their time to dicker with the golf course people in public. *MOTION WITHDRAWN. Councilman Johanson suggested setting up a committee to discuss the golf course. Councilman Sterling suggested having an executive session with the golf course representatives and then have a special meeting with the public to discuss what has been learned. Mayor Todd suggested inviting someone from Foster Marshall to discuss the bonding possibilities. City Treasurer Mae Harris stated she sent a letter to Councilman Traynor to discuss setting a meeting with Foster Marshall; perhaps we could accomplish both purposes together. Councilman Sterling read the letter from the City Treas- urer to Councilman Traynor. MOVED BY STERLING TO MEET WITH REPRE- SENTATIVES OF FOSTER GOLF LINKS AND FOSTER F MARSHALL DURING EXECUTIVE SESSION AT 8:00 P.M. ON MAY 13 REGULAR COUNCIL MEETING. MOVED BY STERLING, SECONDED BY SAUL, TO REFER THE CLAIM FOR DAMAGES TO THE INSURANCE CARRIER FOR THE CITY. CARRIED. Councilman Sterling read a letter from Steve Hall, Public Works Director, regarding an extra work order for installation of conduit and raceways for intercom system. Steve Hall also requested addi- tional funds to be transferred from Shop Equipment Fund to Shop Construction Fund in the estimated amount of $1,482.38. City Clerk Shirlee Kinney stated the resolution for this has not yet been pre- pared. MOVED BY DAVIS, SECONDED BY HARRIS, TO TABLE. CARRIED. MOVED BY STERLING, SECONDED BY DAVIS, TO TABLE. CARRIED. Discussion: Proposed MOVED BY JOHANSON, SECONDED BY DAVIS, TO TABLE. CARRIED. adoption of food service establishment of rules regulations by King County Board of Health Letter from Mr. Gil Goldsmith re: soils tests '77 MOVED BY HARRIS, SECONDED BY SAUL, THAT THE LETTER FROM MR. GOLD- SMITH BE INCLUDED ON THE AGENDA. CARRIED. Councilman Sterling read a letter from Mr. Gil Goldsmith which stated in part, "I stated that I was willing to permit the obtaining of soil samples with the under standing that such permission in no way implied a desire on my part to sell my property on any terms other than my own. I further stated that my present plans call for developing or otherwise uti- lizing my property as an income source rather than as a capital gain source." Letter from Mr. Benjamin MOVED BY SAUL, SECONDED BY DAVIS, THAT THE LEYIER BE INCLUDED ON THE McAdoo re: Goldsmith AGENDA. CARRIED. Councilman Sterling read a letter from Mr. Ben Lee property jamin McAdoo, Architect, which reiterated the comments Mr. Gil TUKWILA CITY COUNCIL MEETING May 6, 1974 Page 7 NEW BUSINESS Cont. Letter from Mr. McAdoo Cont. Hold harmless agreement Southcenter Corp. E City of Tukwila Council response to City uniformed personnel RECESS 9:50 P.M. 10:00 P.M. 9, Goldsmith made, listed estimates of the cost of soils tests on the Site #6 property and requested information about the legality of Mr. Goldsmith representing Mr. Lee on the plans for their property. Councilman Saul asked what action is necessary in order to go ahead on Site #6. Do we want to go ahead and spend the $2,000. Councilman Sterling asked if anyone had contacted Mr. Goldsmith to find out if he speaks for Mr. Lee. Mayor Todd stated Mr. Goldsmith claims to speak for General Lee, but legally, he may not be able to unless he has some sort of power of attorney. Mayor Todd stated Mr. McAdoo is requesting some authority from the City Council to spend approximately $2,000 for the soils tests. Councilman Sterling stated if we can be assured that Mr. Goldsmith speaks for his partner, then go ahead. He suggested Mr. Goldsmith provide a letter stating his authority to also represent Mr. Lee. Mayor Todd offered to contact Mr. McAdoo and ask him to confirm that Mr. Gold- smith is in fact legally speaking for General Lee, then offered to contact Mr. Goldsmith himself. Councilwoman Davis asked the status of the hold harmless agreement for the proposed Police Dept. office at Southcenter. Attorney Parker stated the agreement was returned for revision to the South center Corporation and it is still at that office. Councilman Sterling stated Councilman Traynor stated he had received the letters from the Council late and did not have a chance to compile and draft a reply to the uniformed officers. He stated each letter was very different from the others. Councilman Sterling stated the Council should get together, discuss the letters, and come to one solid statement. Councilwoman Harris stated the Council could recess until Wednesday night since Tuesday night's schedule was taken with Municipal Court. Mayor Todd stated it would then be necessary to recess until Tuesday and then recess to Wednesday. Councilman Sterling stated this is not a budget matter. Attorney Parker stated it is necessary to give notice of a special meeting and it is not a special meeting if the regular meeting is recessed from one day to the next. That eliminates the necessity of a notice. Mayor Todd stated if the Council cannot hold a meeting here tomorrow night and will actually continue it on Wednesday night, then we must recess to Tuesday then recess again until Wed- nesday. Attorney Parker stated that is right because otherwise the notice requirement would not be satisfied. Councilman Johanson stated he thought the day -to -day meeting only applied to the budget meetings. Councilman Sterling requested the Attorney to show in writing where his interpretation of meetings comes from. Attorney Parker stated he thought if a regular meeting is scheduled, you can adjourn to the next day. There is no possible way of giving notice as required by the Open Meeting Law. If you want to adjourn to next Wednesday, then you must give public notice and it is then called a special meeting, not a regular meeting. He stated the Council cannot hold two meetings in one week either. If you want to continue this meeting, then continue it to tomorrow and then on to the next day. Councilman Sterling again requested to have in writing the source of that interpretation. Mayor Todd directed Attorney Parker to provide a written statement. Attorney Parker suggested the Council call a special meeting with 24 hours notice and go into executive session during that meeting. MOVED BY DAVIS, SECONDED BY SAUL, TO RECESS. CARRIED. Mayor Todd called the meeting to order with all Council members present with the exception of Councilman Traynor. Attorney Parker stated if tonight's meeting is adjourned beyond tomorrow, you must deliver a notice in compliance with R.C.W. 42.30.080 which is the same notice as given for a special meeting at least 24 hours in advance of the meeting indicating time and place. The adjourned meeting is not limited to one subject matter. Councilman Sterling stated the Council will convene the recessed meeting at 7:00 P.M. on Wednesday, May 8 in the Council Chambers. TUKWILA CITY COUNCIL MEETING May 6, 1974 Page 8 NEW BUSINESS Cont. Change order #1 tennis courts Change order #3 LID #22 DEPARTMENT AND COMMI'1'1'EE REPORTS Police Department Fire Department Public Works Department AUDIENCE COMMENTS Zip code for Tukwila 699 Duncan Sturrock read his letter to the Mayor regarding the construc- tion of tennis courts in the City Park. Recommendations for the fence and gates were discussed. MOVED BY STERLING, SECONDED BY SAUL, TO ACCEPT PROPOSED RECOMMENDATION FOR CHANGE ORDER #1. CARRIED. Councilman Sterling read a letter from Duncan Sturrock regarding Change order #3 on LID #22 requesting a 12 inch gate valve and removal of unsuitable material on the site. Councilman Sterling asked why is it necessary to install a gate valve. Duncan Sturrock stated it is a good practice to follow especially when there is such a long stretch of line. MOVED BY STERLING, SECONDED BY SAUL, TO APPROVE RECOMMENDATION OF CHANGE ORDER #3. CARRIED. Councilman Saul stated he would like Steve Hall to report on this at the next meeting. Chief John Sheets reported April was a poor month due to a large increase of major crimes. The most outstanding of all was the robbery at the Frederick and Nelson store at Southcenter. Chief Hubert Crawley reported at least half of the emergency calls in April were for the aid car which pointed out the need for a new aid car. He stated the new fire station is progressing now, but several strikes in the construction business may slow the work through the summer. He reported inspections during the month re- sulted in 113 letters of violation of the Fire Code and 11 viola- tions of the business license requirement. Gene Isler, Field Superintendent, reported Phase II of the City Shops will begin within a week. Duncan Sturrock reported the new tennis courts in the City Park will be completed in June. Mr. Rudy Regal stated all the money and services of the City are spent in the industrial area while the residents suffer the incon- veniences of the zip code mix up. How can 11 mailers dictate that Tukwila's post office designation be Seattle 98188? Those busi- nesses should be recognized as Tukwila. Why can't we rename the streets? Why doesn't Tukwila have a B E 0 tax on businesses? If we taxed those businesses more, we could pay to have the streets renamed. Mayor Todd explained he received a letter from the Post Master suggesting the City poll its businesses which we have done and the results are about 50/50. Many businesses state it would be very costly to replace stationery with new addresses. Some of those companies are branches of major concerns in the East and Seattle is a world -wide known City whereas Tukwila is not. Some businessmen stated if they had advance lead time to change their letterheads, they would be glad to assist the City in getting its own zip code. City Clerk Shirlee Kinney stated she would compile the results of those zip code questionnaires and present them at the next Council meeting. Mayor Todd stated that with the compromise on lead time, it would be easier to change the zip code with the businessmen's cooperation. We cannot force the post office to give Tukwila its own address designation. Councilman Sterling stated he is not much concerned with the paper costs of the businesses since they came to Tukwila only because it is cheaper to operate here. Our citizens provide the services and the businesses still are refusing to ack- nowledge their own presence in Tukwila. He stated he realized the Mayor has put a lot of effort into trying to resolve the zip code issue. Mrs. Rena Holloway pointed out that 59th Ave. So. was at one time Warren Avenue. Why can't we reverse that? Mayor Todd stated we had better not lose sight of the fact that at least 75% of the tax revenue of the City comes from the businesses; any fur- ther taxation would only discourage development at the expense of the residents. He stated that soon the entire County will be sys- tematically addressed and used the example of 911 emergency phone TUKWILA CITY COUNCIL MEETING May 6, 1974 Page 9 AUDIENCE COMMENTS Cont. Zip code for Tukwila Cont. RECESS 10:43 P.M. May 8, 1974 7:00 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS EXECUTIVE SESSION 7:04 P.M. 7:30 P.M. Council reply to uniformed employees AUDIENCE COMMENTS Val Vue sewer petitions Metro rate increase meeting Bicentennial Flag presentation Shoreline Master Program ADJOURNMENT 7:45 P.M. 700 exchange. Councilman Johanson stated to have our on name and zip code would give better control over some of the half -cent sales tax we have lost in the past due to the address confusion. Mr. Ed Robinson stated the confusion has cost him time in delays of his deliveries and lost mail. Mrs. Phyllis Pesicka stated it has been confusing for the postal workers at our local post offices also. Perhaps the postal workers' union could give us some help in resolv- ing this. MOVED BY DAVIS, SECONDED BY HARRIS, TO RECESS THE MEETING AND TO RE- CONVENE WEDNESDAY, MAY 8, 1974 AT 7:00 P.M. CARRIED. TUKWILA CITY COUNCIL Tukwila City Hall RECESSED REGULAR MEETING Council Chambers MINUTES Mayor Todd called the recessed regular meeting of the City Council to order. GARDNER, STERLING, TRAYNOR, DAVIS, SAUL, JOHANSON. MOVED BY TRAYNOR, SECONDED BY SAUL, TO EXCUSE ABSENT COUNCILWOMAN HARRIS. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, TO HOLD EXECUTIVE SESSION OF THE COUNCIL TO DISCUSS COUNCIL'S REPLY TO THE UNIFORMED EMPLOYEES CARRIED. Mayor Todd called the meeting back to order at 7:30 P.M. Councilman Traynor read the letter in reply to the uniformed employees of the City from the Council regarding Councilman Johanson's remarks about the LEFF benefits and public employees during the April 16, 1974 Council meeting. Councilman Sterling then read a reply from Coun- cilman Johanson regarding his remarks during that meeting. Copies of both letters are on file in the City Clerk's office. Mayor Todd stated the City has received petitions from Tukwila resi- dents who wish to hook into the proposed ULID #6 facilities. He stated he would be meeting with the Public Works Department, the City Attorney and the Val Vue Sewer District commissioners to see if this is now feasible. Mayor Todd stated this proposal was offer- ed to those residents in 1973 and the Council's resolution was killed by the citizens' petition at that time. Councilman Gardner stated he would attend a meeting at Seattle Center Orcas Room at noon on May 14 to discuss the proposed rate increase. Councilman Saul stated the Bicentennial Commission Flag presentation to all King County Mayors on May 22 at noon at the Seattle Center Flag Pavillion will start off the commemoration. He announced re- ceiving a check in the amount of $500 from the Suburban Mayors Association to the Seattle /King County Bicentennial Commission. Ron Mettler, Planning Commission Chairman, announced the purpose of the May 9 Planning Commission meeting is to review the Shorelines Master Program and the environmental impact statement prepared by Wilsey E1 Ham. The deadline on this Program is May 20; the Council will review it during the May 13 meeting. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MEETING ADJOURN. CARRIED. 'Shirlee A.. Kinney, fZity Cler/