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HomeMy WebLinkAbout1974-12-16 Regular MinutesDecember 16, 1974 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL NEW BUSINESS Request for transfer of funds in 1974 budget Parks Recreation American Public Works Association Safety Award Tukwila Parkway Project overrun Request for additional funds TUKWILA CITY COUNCIL REGULAR MEETING MINUTES 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 COMMITTEE OF THE WHOLE MEETING OF DECEMBER 9, 1974 BE APPROVED AS PUBLISHED. ROLL CALL VOTE: 4 AYES STERLING, TRAYNOR, SAUL, JOHANSON; 3 NOS GARDNER, DAVIS, HARRIS. CARRIED. BY TRAYNOR, SECONDED BY STERLING, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED, WITH HARRIS VOTING NO. Vouchers No. 4451 4641 Current Fund #4451 #4553 2 Park Fund #4554 #4574 3,455.41 Emer. Empl. #4575 #4577 72.60 Street Fund #4578 #4607 36,551.61 Cum. Res. Fire Truck #4608 36.40 Fire Ftg. Eqt. #4609 19,229.77 Water Fund #4610 #4625 6 ,977.49 Sewer Fund #4b46 #4641 9.024.33 Total $102,295.99 LID #19 Rev. 28 29 Cash 35, 36 37 LID #20 Rev. 10 Cash 12, 13 14 LID #21 Rev. 12 Cash 17 LID #22 Rev. 23 Cash 29 LID #25 Rev. 7 Cash 10 5,803.96 5,803.96 $14,129.87 14,129.87 141.32 141.32 279.10 279.10 52.85 52.85 qg Tukwila City Hall Council Chambers Councilwoman Harris read a letter dated December 11, 1974 from Steve Hall, Public Works Director, requesting a transfer of funds within the Parks Recreation budget from 1974 to 1975. MOVED BY HARRIS, SECONDED BY DAVIS, TO REFER THE MATTER TO THE COMMUNITY AFFAIRS COMMITTEE. CARRIED. Mayor Todd read a letter from Steve Hall, Public Works Director, dated December 11, 1974 stating the City of Tukwila Public Works Department was honored with a presentation of an award for the lowest accident rate in the State of Washington for cities of our size. Mayor Todd then presented the engraved plaque to Gene Isler, City Shops Supervisor, to display in the Maintenance Shops office. Councilman Gardner read a letter from Steve Hall, Public Works Director, dated December 11, 1974 regarding the cost overrun of the Tukwila Parkway Project. Steve Hall suggested in his letter that either the Urban Arterial Street Fund or the Strander Blvd. Bridge Fund be used to cover the estimated deficit within the Arterial Street Fund. MOVED BY GARDNER, SECONDED BY STERLING, TO CONCUR WITH THE PUBLIC WORKS DIRECTOR's RECOMMENDATION AS TO USE OF CERTAIN FUNDS TO COVER THE ESTIMATED DEFICIT. CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING December 16, 1974 Page2 NEW BUSINESS Cont. Easement, Minkler Blvd. between Andover Park E. and Andover Park W. LID #24, Request for late Councilman Gardner read a letter from Steve Hall dated comers agreement December 10, 1974 requesting Council consideration of an agreement between the parties. Steve Hall further explained the request, showing a map of the area. He stated the suggestion as outlined in his letter to Councilman Gardner was a fair solution to all parties. MOVED BY HARRIS, SECONDED BY GARDNER, TO REFER THE MATTER TO THE PUBLIC WORKS COMMITTEE FOR FURTHER STUDY. CARRIED. Change Order #6, LID #22 LID #19 Professional Services agreement LID #22, Final Acceptance SECOND READING OF ORDINANCES Proposed ordinance Amending T.M.C. re: Annual leave for City employees 987 Councilman Gardner read a letter from Steve Hall, Public Works Director, dated December 11, 1974 recommending the City of Tukwila release this utility easement to the present owners of the property. MOVED BY GARDNER, SECONDED BY STERLING, TO REFER THE MATTER TO THE PUBLIC WORKS COMMITTEE. CARRIED. Steve Hall explained the problem which now exists with LID #22 with the street lighting requirement involving non -State highway right -of -way codes as compared to State highway right -of -way codes. He stated the Change Order will be paid for entirely by the LID. MOVED BY STERLING, SECONDED BY TRAYNOR, TO FUND CHANGE ORDER #6. CARRIED. Councilman Gardner read a letter from Steve Hall dated December 10, 1974 regarding the formalization of costs as part of the previously adopted resolution designating Hill, Ingman Chase as engineer. Steve Hall stated he presented this item as further information to the Council. Councilman Gardner read a letter from Steve Hall dated December 10, 1974 recommending final acceptance of LID #22 as completed by Pacific Paving Co., Inc. Councilman Sterling asked if final acceptance of this project would in any way put us, the City, in the light of saying this is the finished plan without the need of the 60 -inch line being installed. Attorney Parker replied that the 60 -inch line is not a part of LID #22. Councilman Sterling stated he favored accepting the LID, but since the line is in the same right -of -way he wanted to be sure that the acceptance would not be construed in court that the city is satisfied that the work in the right -of -way is completed. Attorney Parker stated by accepting LID #22, the City is only accepting the work as completed in LID #22. Steve Hall further explained the area in which utilities were completed in the LID. MOVED BY GARDNER, SECONDED BY STERLING, TO REQUEST A RESOLUTION BE DRAFTED TO ACCEPT LID #22.* Councilman Sterling asked if a resolution is necessary. Mayor Todd stated the LID could be accepted by Motion. Councilwoman Harris stated many discussions in the past have dealt with this but she would feel more comfortable having a resolution to accept the LID. *CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance amending Tukwila Municipal Code Section 2.52.040, Paragraph (C). MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilwoman Harris stated she felt this ordinance should be evaluated as to the effect it may have on the decisions made by the Council during the budget sessions regarding annual leave for the U.S.T.M.E. group as well as union contracts. City Clerk Shirlee Kinney stated the purpose of the ordinance is to allow an employee to accrue leave on a monthly basis rather than 5 days at a time during a six month period; it does not change the total number of days accrued in a year. *FAILED WITH TRAYNOR AND SAUL VOTING YES. MOVED BY HARRIS, SECONDED BY SAUL, TO REFER PROPOSED ORDINANCE TO THE PERSONNEL COMMITTEE FOR FURTHER STUDY. CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING December 16, 1974 Page 3 SECOND READING O '.ORDINANCES Cont. Ord. #902, Accepting MOVED BY HARRIS, SECONDED BY SAUL, THAT PROPOSED ORDINANCE gift for Fire Department BE READ BY TITTE ONLY. CARRIED. Attorney Parker read proposed ordinance accepting the gift of a color television set to the Fire Department by the Bon Marche Distribution Center by title only. Fire Chief Crawley stated the gift actually came from the employees of the Distribution Center. MOVED BY JOHNASON, SECONDED BY DAVIS, TO AMEND TITTE OF PROPOSED ORDINANCE TO READ FROM THE EMPLOYEES OF THE BON MARCHE DISTRIBUTION CENTER. CARRIED. MOVED BY JOHANSON, SECONDED BY STERLING, TO ADD TO THE TITLE FOLLOWING "FIRE DEPARTMENT BY THE" THE WORDS "EMPLOYEES OF". CARRIED. RECESS 7:53 P.M. 8:02 P.M. Ord. #903, Amending Ord. #891 relating to LID #19 Ord. #904, Appropriating excess sales tax revenue to Land Acquisition, Building, and Development Fund and amending Ord. #830 Ord. #905, Amending Ord. #830 by appropriating cash balance to various funds Councilwoman Harris stated that in order for an ordinance to be considered for passage by the City Council according to the Council Procedures, the ordinance must first receive proper certification as to approval as to form by the City Attorney; if not, we are not authorized to pass the ordinance. Attorney Parker stated he waits until the Council moved to pass an ordinance because of any amendments the Council may wish to maile to the ordinance as above. He stated he could not sign a blank check prior to the meetings. Councilwoman Harris stated he could sign his approval as to form on the ordinances and in addition Council Procedures require it. Mayor Todd stated he wished to remind the Council that it has in the past approved ordinances that the City Attorney has stated he would not approve, including the Council's Procedures ordinance. Attorney Parker stated he could approve all items under the heading of Second Reading of Ordinances if they are not amended, and the current ordinance under discussion as amended. He stated he has not seen some of these items before and would approve them as we come to them under First Reading of Ordinances and Resolutions. MOVED BY HARRIS, SECONDED BY STERLING, TO RECESS THE MEETING. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT ORD. #902 BE ADOPTED AS READ. CARRIED. (December 17, 1974) MOVED BY SAUL, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance amending Ordinance No. 891. Councilwoman Harris asked Attorney Parker if he approved this ordinance as to form. Attorney Parker replied yes. MOVED BY HARRIS, SECONDED BY DAVIS, TO AMEND THE TITLE OF THE PROPOSED ORDINANCE TO INCLUDE THE WORDS "RELATING TO LID #19". CARRIED. Councilwoman Davis asked Attorney Parker if he approved the ordinance as to form as amended. Attorney Parker replied yes. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT ORD. #903 BE ADOPTED AS READ. CARRIED. MOVED BY STERLING, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance appropriating excess sales tax revenue to be received in 1974 to the Land Acquisition, Building and Development Fund and amending Budget Ordinance No. 830. MOVED BY STERLING, SECONDED BY HARRIS, THAT ORD. 4904 BE ADOPTED AS READ.* Councilwoman Harris asked Attorney Parker if he approved this ordinance as to form. Attorney Parker replied yes. *CARRIED. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance amending Budget Ordinance No. 830 by appropriating cash balances to various funds by title only and stated he approved this ordinance as to form. MOVED BY JOHANSON, SECONDED BY SAUL, THAT ORD. 4905 BE ADOPTED AS READ. CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING December 16, 1974 Page 4 SECOND READING OR ORDINANCES Cont. Ord. #906, Transferring money to close out funds following completion of projects for which they were created Ord. #907, Closing out Parks Recreation Fund transferring unexpended funds to Current Fund Proposed ordinance Prescribing the powers duties of the Tukwila Park Commission 989 MOVED BY HARRIS, SECONDED BY DAVIS, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance transferring money in various funds thereby closing out the funds following completion of the projects for which they were created by title only. MOVED BY STERLING, SECONDED BY JOHANSON, THAT ORD. 0906 BE ADOPTED AS READ. CARRIED. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. Attorney Parker read proposed ordinance closing out the Parks and Recreation Fund effective December 31, 1974 and transferring all unexpended funds to the Current Fund and stating he approved this ordinance as to form. MOVED BY JOHANSON, SECONDED BY SAUL, THAT ORD. #907 BE ADOPTED AS READ. CARRIED. MOVED BY HARRIS, SECONDED BY DAVIS, TO PLACE ITEM 7.c. ON THE AGENDA INTO SECTION 6 AS ITEM 6.h.* Councilwoman Harris stated this ordinance was introduced to the Council by title only two weeks ago. Councilman Traynor disagreed that this should be a second reading for this ordinance since it has been changed considerably since its first reading. He stated he would like to have it read for the first time as amended in order to have more time to review it in its present form. Councilwoman Harris stated she appreciated his concern,but did not anticipate this ordinance being passed tonight because the entire Council and the City Attorney have not yet reviewed it. She stated she hoped the Council would concur that we do read it in full and refer it back to the Table from Committee in a few weeks. Mayor Todd stated if the Council is reading this for the second time, they should be prepared to act on it one way or the other. Councilwoman Harris stated she was asking for it to be placed in committee and there is no require- ment for it to be passed this evening. Mayor Todd stated he felt it should be read on its first reading at this time because it has so many changes in it. Councilwoman Harris stated it has been read by title only already. It has been in committee and now appears as a substitute ordinance. *CARRIED WITH TRAYNOR VOTING NO. MOVED BY HARRIS, SECONDED BY DAVIS, THAT PROPOSED ORDINANCE BE READ. CARRIED WITH TRAYNOR VOTING NO. Attorney Parker read proposed ordinance relating to the Duties, Power and Authority of the Tukwila Park Commission, amending Ordinance 370, Section 4; Tukwila Municipal Code, Chapter 3.32, Paragraph 2.32.040, and adding a new section. Councilwoman Harris read a letter from Steve Hall, Public Works Director, dated December 11, 1974 regarding the proposed ordinance and offering input and opinions in certain areas of the proposed ordinance. She stated these comments are mostly oriented to theoriginal draft of the ordinance but some of the comments may apply to the amended version. She stated the amended version out of committee has not yet been reviewed by Bill Moore, Park Board Chairman, City staff, and the City Attorney. MOVED BY HARRIS, SECONDED BY STERLING, THAT THE AMENDED VERSION OF THE PROPOSED ORDINANCE BE REFERRED TO THE COMMUNITY AFFAIRS COMMITTEE.* Mr. Bill Moore stated he neglected to inform Steve Hall of the Park Board meeting regarding this proposed ordinance and felt that some of the comments made in Steve Hall's letter were significant for the committee to review. He requested an early date for this meeting in order to facilitate passing this ordinance soon. Police Chief John Sheets stated he would also request input regarding the section where the Police Department is to be required to enforce rules and regulations adopted by the Park Commission. *CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING December 16, 1974 Page 5 FIRST READING OF ORDINANCES Proposed ordinance Adopting Annual Budget for 1975 Ord. #908, Transferring funds from the Contingency Fund to Current Fund Proposed ordinance Accepting donations for Fire Dept. Aid Car Ord. #909, Amending Ord. #840, relating to compensation of Volunteer Firefighters RECESS 9 :06 P.M. 9:16 P.M. 990 MOVED BY STERLING, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance adopting the annual Budget of the City of Tukwila for the fiscal year 1975 and declaring an emergency. Councilwoman Davis asked Attorney Parker if he approved this ordinance as to form. Attorney Parker replied no, the budget is improperly prepared in that the figures are improper. Councilwoman Harris asked Attorney Parker to prepare a written statement and render to the Council his reasons for not approving this ordinance. MOVED BY JOHANSON, SECONDED BY STERLING, THAT NO FURTHER ACTION BE TAKEN ON THIS ORDINANCE UNTIL THE COUNCIL RECEIVES THE WRITTEN REASONS FOR NOT APPROVING AS TO FORM FROM THE CITY ATTORNEY.* Councilman Saul requested Attorney Parker to inform the Council as to the problem now rather than put it all in writing. Attorney Parker replied he could do that, but he has been requested to submit a written statement. *CARRIED WITH SAUL VOTING NO. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE CITY COUNCIL BE PROVIDED WITH AT LEAST ONE COPY OF THE BUDGET AS THE CITY COUNCIL DETERMINED WITH ALL ITEMS FITTED IN PURSUANT TO THE COUNCIL'S DETERMINATION.* City Clerk Shirlee Kinney stated she would provide one copy of her amended preliminary budget to the Council President and one to the City Attorney. *CARRIED. MOVED BY HARRIS, SECONDED BY STERLING, THAT THE COUNCIL VOTE ON DECLARING THIS PROPOSED ORDINANCE AN EMERGENCY. CARRIED. MOVED BY HARRIS, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. Attorney Parker read proposed ordinance transferring funds from the Contingency Fund to the Current Fund to bring the Contingency Fund within lawful limits and declaring an emergency and stated he approved this ordinance as to form. Discussion regarding the transfer of funds proceeded between City Treasurer Mae Harris and Councilwoman Harris. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ FOR ITS SECOND READING BY TITTF ONLY. Attorney Parker read proposed ordinance as designated above by title only. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ORD. #908 BE ADOPTED AS READ. CARRIED. MOVED BY STERLING, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance accepting donations for the Fire Department aid car, and stated he approved this ordinance as to form. The proposed ordinance will appear for its second reading at the next regular Council meeting. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT PROPOSED ORDINANCE BE READ.* Fire Chief Crawley requested the Council for emergency designation of this ordinance. *CARRIED. Attorney Parker read proposed ordinance and stated he did not approve this ordinance as to form. MOVED BY TRAYNOR, SECONDED BY DAVIS, TO RECESS FOR TEN MINUTES. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. Attorney Parker suggested amendments to be made in order that the ordinance would be approved as to form. Mayor Todd stated this proposed ordinance must be passed at this meeting because we need to comply with the Federal Labor Standards Act regard hourly pay. MOVED BY HARRIS, SECONDED BY JOHANSON TO DETERMINE THAT PROPOSED ORDINANCE IS AN EMERGENCY. CARRIED. MOVED BY SAUL, SECONDED BY STERLING, TO ACCEPT FIRST READING OF PROPOSED ORDINANCE AS AMENDED. CARRIED. Attorney Parker read proposed ordinance as amended. MOVED BY JOHANSON, SECONDED BY SAUL, TO TUKWILA CITY COUNCIL REGULAR MEETING December 16, 1974 Page 6 FIRST READING OF ORDINANCES Cont. Ord. #909 Cont. Ord. #910, Amending Ord. #830 by appropriating cash from Fire Fighting Eqt. Fund to budget account for Fire Fighting Equipment RESOLUTIONS Reso. #455, Fixing time place for Council committee meetings Reso. #456, Establishing tour of duty for Fire Dept. personnel re: Fair Labor Standards Act 99/ PLACE PROPOSED ORDINANCE ON ITS SECOND READING BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance by title only. MOVED BY DAVIS, SECONDED BY HARRIS, TO AMEND TITLE OF PROPOSED ORDINANCE TO INCLUDE THE WORDS "PERTAINING TO VOLUNTEER FIREMEN" FOLLOWING "ORDINANCE NO. 840 Discussion followed on Parliamentary procedures. *MOVED BY DAVIS, SECONDED BY HARRIS, TO AMEND AMENDING MOTION TO DESIGNATE TITLE AS FOLLOWS: "ORDINANCE RELATING TO COMPENSATION OF VOLUNTEER FIREMEN, AMENDING ORDINANCE NO. 840 AND SECTION 2.48.030 OF THE TUKWILA MUNICIPAL CODE AND DECLARING AN EMERGENCY." CARRIED. Councilwoman Harris asked Attorney Parker if he approved the proposed ordinance as to form as amended. Attorney Parker replied yes. MOVED BY HARRIS, SECONDED BY DAVIS, THAT ORD. #909 BE ADOPTED. CARRIED. City Clerk Shirlee Kinney explained that the bill for the aerial fire truck was just recently received and payment should be made out of the 1974 Budget funds; she stated the funds would have to be transferred as outlined in the proposed ordinance to avoid the equipment fund from sitting in the red at the end of the year. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE AGENDA TO ADD PROPOSED ORDINANCE AND DECLARE IT AN EMERGENCY. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ AS AMENDED. CARRIED. Attorney Parker read proposed ordinance amending Budget Ordinance No. 830 by appropriating cash from the Fire Fighting Equipment Fund to the budget account for Fire Fighting Equipment and declaring an emergency. MOVED BY TRAYNOR, SECONDED BY SAUL, TO READ PROPOSED ORDINANCE FOR ITS SECOND READING BY TITTR ONLY. CARRIED. Attorney Parker read proposed ordinance by title only. MOVED BY STERLING, SECONDED BY SAUL, THAT ORD. #910 BE ADOPTED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY FOR ITS SECOND READING. CARRIED. Attorney Parker read proposed resolution fixing the time and place for meetings of the Public Safety Committee, Community Affairs Committee, Public Works Committee and Finance and Personnel Committee by title only. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT RESOLUTION #455 BE APPROVED AS READ. CARRIED. Fire Chief Hubert Crawley requested the Council to declare this proposed resolution an emergency. MOVED BY TRAYNOR, SECONDED BY SAUL, TO READ PROPOSED RESOLUTION AND DECLARE IT AN EMERGENCY. CARRIED. Attorney Parker read proposed resolution to establish tour of duty for Fire Department personnel in accordance with the "Fair Labor Standards Act as amended in 1974" effective May 1, 1974 and declaring an emergency. MOVED BY TRAYNOR. SECONDED BY SAUL. TO READ PROPOSED RESOLUTION FOR SECOND READING BY TITLE ONLY. CARRIED. Councilman Saul asked about the tour of duty and number of hours set in the resolution. Mayor Todd explained the require- ments briefly under the new Labor Act. Chief Crawley further explained the terminology required to use by the Act. Councilman Sterling asked which employees this affects. Chief Crawley replied it applies to everyone. Further discussion ensued on the Federal requirements. MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO STRIKE THE WORDS "FIRE DEPARTMENT BE AUTHORIZED TO" IN SECTION 1 AND AMEND "ESTABLISH" TO READ "ESTABLISHES CARRIED. Councilwoman Harris suggested combining all department's requirements into one resolution rather than having a separate resolution for each department. Chief Crawley stated the Act has suggested that each separate department be covered by a separate resolution. He stated it TUKWILA CITY COUNCIL REGULAR MEETING December 16, 1974 Page 7 RESOLUTIONS Cont. Reso. #456 Cont. DEPARTMENT REPORTS City Treasurer's November Investment Report MISCELLANEOUS AND FURTHER Reconsideration Final Acceptance of LID #22 1975 Budget passage Kent Police Dept. Gary Kucinski, Planning Director, re: annexation resolution from the B.R.B. 9 9.? would create a greater problem to amend one entire resolution at contract change time for example rather than simply amend the department's resolution. Discussion continued on delaying action on the proposed resolution until the other departments have submitted resolutions. Councilman Traynor stated the Chief has researched the needs for his own department and he felt the Council could pass on this one at this time. Attorney Parker read proposed resolution as amended. MOVED BY TRAYNOR, SECONDED BY STRLING, TO APPROVE RESOLUTION #456 AS READ. CARRIED WITH DAVIS VOTING NO. Councilman Johanson read the cover letter attached to the City Treasurer's November investment report and stated he would provide extra copies to anyone wishing to have one. AUDIENCE COMMENTS Steve Hall, Public Works Director, requested the Council to reconsider final acceptance of LID #22 to avoid undue delays to the contractor. City Treasurer Mae Harris added that all contracts can be carried forward to 1975 so there will be no problem in finalizing LID #22 at this time. Councilman Gardner stated if the meeting is to be continued perhaps a resolution accepting LID #22 could be available for the Council tomorrow. Steve Hall stated that is possible but the Council would then have to declare it an emergency in order to pass it. MOVED BY TRAYNOR, SECONDED BY GARDNER, TO RECONSIDER FINAL ACCEPTANCE OF LID #22. CARRIED WITH DAVIS AND HARRIS VOTING NO. MOVED BY TRAYNOR, SECONDED BY STERLING, TO DECLARE AN EMERGENCY AND ACCEPT LID #22 IN CONCURRENCE WITH THE PUBLIC WORKS DIRECTOR. MOTION AND SECOND WITHDRAWN. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE PUBLIC WORKS DIRECTOR'S RECOMMENDATION BE APPROVED IN ACCEPTING LID #22. CARRIED WITH DAVIS AND HARRIS VOTING NO. Councilman Traynor read a memo from City Clerk Shirlee Kinney regarding the necessity by law to adopt the budget in time for it to be published and become law by January 1, 1975 and that the budget may only be acted upon at a regular meeting of the Council. This is the last regular meeting of the Council this year. The memo referred to R.C.W. 35.33.075 and 35.24.210. Publishing deadlines for the Highline Times were noted. Mayor Todd requested two letters be added to the Agenda to be read. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE AGENDA TO READ TETTERS. CARRIED WITH JOHANSON VOTING NO. Mayor Todd read a letter of appreciation from Police Chief Dave McQuery, City of Kent, to the Tukwila Police Department for recent assistance in a holdup. Mayor Todd read a letter from Gary Kucinski in review of the Boundary Review Board's decision regarding the Duwamish /Allentown annexation; Mr. Kucinski stated there were some items in the Board's criteria that could be appealed by the City in order to request more of the industrial area. Mayor Todd asked the Council if it wished to appeal the decision or take any other form of action regarding the decision. Councilwoman Davis stated the Council has not been furnished copies of Mr. Kucinski's letter or of the B.R.B.'s resolution. Councilwoman Harris stated the City Council is not prepared to take action on this matter at this time Mayor Todd stated he felt it was a fault of the Council procedures that there is no time to take action on things of immediate importance. Councilwoman Harris called Mayor Todd out of order TUKWILA CITY COUNCIL REGULAR MEETING December 16, 1974 Page 8 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Annexation Cont. Chamber of Commerce EXECUTIVE SESSION 10 :35 P.M. 11 :15 P.M. Housing Community Development Cooperation Meeting RECESS 11 :30 P.M. TUKWILA CITY COUNCIL REGULAR MEETING December 17, 1974 5:00 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS Ord. #902 x'93 and stated he interrupted her comments. She stated he dumps something on the table at 10 :30 and expect a decision to be made on something the Council has no knowledge of. The Chair called Councilwoman Harris out of order. Councilwoman Harris stated Mayor Todd could rule his head off as far as she was concerned. She stated again that the Council is not prepared to take action. Mayor Todd asked Councilwoman Harris if she were speaking for all of the members of the Council. Council- woman Harris stated she was speaking for herself for the Council. Mayor Todd stated he felt he had to inform the Council of the present situation regarding the annexation decision. Councilwoman Harris stated he would not get a decision from her on this matter tonight. She stated the Council members should have a copy of the resolution, a copy of the letter from Gary Kucinski and we might discuss it during the continued meeting if the Council so desires. She stated whether or not the Council has any standing to appeal the decision of the Boundary Review Board is questionable. Mayor Todd stated he was not demanding a decision from the Council but that the future of this City was in the hands of this Council. Councilwoman Harris replied not tonight it doesn't have to be. MOVED BY JOHANSON, SECONDED BY DAVIS, THAT THE MEETING RECESS TO 7:00 P.M. TUESDAY, DECEMBER 17 IN THE COUNCIL CHAMBERS.* The calendar was consulted and the Municipal Court is meeting at that time in the Council Chambers. *MOTION AND SECOND WITHDRAWN. Councilman Saul suggested the Council write a letter to the disbanded Chamber of Commerce in appreciation of funds donated to the schools, Cancer Society, and the Bicentennial Committee and for the work done for the community in all of its years of service. MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO ADJOURN THE MEETING TO EXECUTIVE SESSION. CARRIED. Mayor Todd called the regular meeting back to order with all Council members present as previously listed. Councilman Traynor read a meeting notice from the office of Housing and Community Development Cooperation, said meeting to be held Tuesday, December 17 at 2:30 P.M. in Room 809, King County Administration Building. Mayor Todd stated he would attend. MOVED BY SAUL, SECONDED BY STERLING, THAT THE MEETING RECESS TO 5:00 P.M. TUESDAY, DECEMBER 17, 1974 IN THE CITY COUNCIL CHAMBERS. CARRIED. Mayor Todd called the continued meeting to order. GARDNER, STERLING, TRAYNOR, HARRIS, SAUL. MOVED BY STERLING, SECONDED BY HARRIS, TO EXCUSE ABSENT COUNCIL MEMBERS DAVIS AND JOHANSON. CARRIED. Deputy City Clerk Doris Phelps explained an oversight in not approving Ord. 902 by Motion at the previous session. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT ORD. 902 BE ADOPTED. CARRIED.