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HomeMy WebLinkAbout1975-01-20 Regular MinutesJanuary 20, 1975 7 :00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL APPOINTMENTS City Council Member to represent Council re: Arbitration Committee NEW BUSINESS CETA Title VI position requests /os6 TUKWILA CITY COUNCIL Tukwila City Hall REGULAR MEETING Council Chambers MINUTES Mayor Pro -Tem Traynor led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON MOVED BY STERLING, SECONDED BY JOHANSON, THAT THE JANUARY 6, 1975 REGULAR MEETING MINUTES BE APPROVED AS PUBLISHED. CARRIED. Councilwoman Davis commented that the December 19 and December 20, 1974 meetings Minutes were not published ver batim as requested. Councilman Saul asked if the Council is reques- ting everything ver batim, which he felt to be unnecessary since the tapes are retained for 5 years. City Clerk Shirlee Kinney stated her office responds to requests from the Council as to ver batim sections of meeting discussion and that Council public hearings are very nearly ver batim throughout according to an opinion of our City Attorney. MOVED BY SMRLING, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED, WITH DAVIS, HARRIS, AND JOHANSON VOTING NO. Current Fund #4734 #4820 Emer. Empl. #4821 #4823 Street Fund #4824 #4845 Arterial Street #4846 Fire Station Const. #4847 Water Fund #4848 #4862 Sewer Fund #48 #4871 Vouchers No. 4734 4871 33,986.92 204.72 5,681.58 48,135.40 882.85 15,743.16 10,797.89 Total $115,432.52 Councilman Sterling suggested the Arbitration Committee be invited to meet with the City Council as a whole to discuss the grievance filed by the employees in the City Clerk's office. Councilwoman Davis agreed stating she felt it was not right for one person to speak for the entire Council when there were individual reasons for voting on the budget allocations. Councilwoman Harris stated she felt the Council was entitled to legal counsel on the matter and suggested no further action be taken until the Council can be advised of its legal rights since the Council is being charged with something enacted in their official capacity as the legislative body. The Arbitra- tion Committee has been offered the services of the City Attorney and she felt the City Attorney could not effectively represent both sides. She suggested this matter be referred to the Council's legal consultant when this person is hired. City Attorney Wayne Parker stated there is no need for action by the Council at this time. The Committee has recommended that the matter be referred to the Mayor as Equal Opportunity Officer to meet with the City Council and it may not be neces- sary, therefore, to go back to the Arbitration Committee at all. MOVED BY JOHANSON, SECONDED BY SAUL, TO POSTPONE THE MATTER INDEFINITELY REGARDING APPOINTING A CITY COUNCIL REPRE- SENTATIVE TO THE ARBITRATION COMMITTEE MEETINGS. CARRIED. Councilman Johanson stated these requests from various depart- ments were reviewed at the previous Committee of the Whole meeting and the Committee questions whether these additional employees are actually needed at this time. Councilman Saul stated if additional employees were to be hired, they should have been hired under the budget with funding approved through the budget. He felt this program was worthwhile only for the short -term projects. Councilwoman Davis commented the size of the present staff is sufficient. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE REQUEST FOR FUNDING POSITIONS UNDER CETA TITLE VI BE DENIED. Councilman Gardner stated he would like further study regarding a central dispatching operation with some of TUKWILA CITY COUNCIL REGULAR MEETING January 20, 1975 Page 2 NEW BUSINESS Contd. CETA Title VI Position requests Contd. Job descriptions Comprehensive plan for sidewalks Research Intern to study T.M.C. Develop policy procedures for appointments to City boards and commissions Establishment of Insurance Advisory Board S7 this funding for employees. Mayor Pro -Tem Traynor stated the City's experience with the P.E.P. people in the past is that we have never been able to terminate them when we needed to. City Clerk Shirlee Kinney briefly explained the guidelines of Title VI which is specifically for short -term employment from the period February $trough December 1975. The purpose is to provide jobs for the increasing number of people on unemploy- ment. MOVED BY STERLING, SECONDED BY HARRIS, TO REFER THE ITEM OF JOB DESCRIPTIONS TO THE PERSONNEL COMMITTEE. CARRIED. Councilwoman Davis stated she had been contacted by citizens who want cross walks in several places in the City but we cannot have them until we have a comprehensive plan. She suggested referring this to the Planning Commission. MOVED BY "DAVIS,SECONDED BY SAUL, TO REFER THE TIME OF A COMPREHENSIVE PLAN FOR SIDEWALKS TO THE PLANNING COMMISSION FOR A FURTHER STUDY TO BE COMPT,FTED FOR COUNCIL REVIEW BY APRIL 7, 1975.* Kjell Stoknes, Planning Director, stated the planning staff has been directed by Council to study the Comprehnsive Plan. He stated he felt the safety factor of this was important but also felt it would be more efficient to achieve a general plan before adding these single element plans. Discussion continued. Council suggested that a draft of the sidewalk plan be submitted on April 7. *CARRIED. Councilwoman Harris stated the Community Affairs Committee began looking into this a year ago. We need an overview of the Code and this person could make recommendations to the City Council as to where the Code is in conflict with itself and with State law. A University of Washington intern could be obtained under a grant program and he would earn credit for the work done and receive a monthly fee. Councilman Saul stated administration had requested $900 in the budget to have the codifier do this. If the Council feels that a student could do this more comprehensively than the codifier, we should look into it a little further. Attorney Parker stated Book Publishing Company has an entire staff that does nothing but compile and research municipal code books. He recommended the job be done by them for $900. MOVED BY HARRIS, SECONDED BY JOHANSON, TO REFER ITEM REGARDING RESEARCH INTERN TO STUDY THE TUKWILA MUNICIPAL CODE TO THE COMMUNITY AFFAIRS COMMITTEE. CARRIED. Councilwoman Harris stated this was covered at the January 11 "Council goals" meeting and she felt there was a need for some guidelines to assist the Council in following a standard method of treatment and consideration to each name submitted to the Council for confirmation. A resume would accomplish this purpose. She stated the purpose is to establish the same standard criteria so that the same consideration is given to each person to avoid any artibtrary discriminatory or capricious position or decision. Also, this would avoid conflict with the appearance of fairness doctrine under State law. Mayor Pro -Tem Traynor stated he would vote to put this into committee but is leery of some of the questions you have proposed to ask of the volunteers, if you can even get volunteers. The Council must be discreet with these questions because there are some we definitely cannot ask even of prospective employees. He stated he would hate to be turned down as a volunteer to serve for free on a commission on the basis of his church affiliation or the property he may own in town. Councilman Saul stated he does not support the idea of a resume. MOVED BY STERLING, SECONDED BY DAVIS, TO REFER THE ITEM OF POLICY PROCEDURES FOR APPOINTMENTS TO CITY BOARDS AND COMMISSIONb TO THE C0 UNTY ANTH,S Cu u. uArWJED. Councilman Johanson stated he was concerned about the bids for insurance and felt the City should bid for its insurance coverage even though it is no longer required to do so. None of us here in the City have a great deal of expertise in dealing with insurance and we must rely on a brokerage for our information. He stated he would like to set up a board to see that what we require for adequate coverage is what we actually get at the best price. Mayor Pro -Tem Traynor stated the Council should first find out if it can legally appoint a board of this type. Councilman Johanson stated he felt the Council's TUKWILA CITY COUNCIL REGULAR MEETING January 20, 1975 NEW BUSINESS Contd. Establishment of Insurance Advisory Board Contd. PERS administrative costs Memo from City Clerk RECESS 7:55 P.M. $:05 P.M. Water District #35 merger Memo from Public Works Director Grant application procedures policy Consideration of ordinance to attach Comprehensive Plan to Land Use Plan /osg9 part would be in confirmation and to that extent the Council should be involved. He stated it would take a certain degree of brokerage for a firm to be able to handle the City's insur- ance and he felt smaller agencies would be best as members of the board. MOVED BY STERLING, SECONDED BY HARRIS, TO REFER THE ITEM OF AN INSURANCE ADVISORY BOARD TO THE FINANCE COMMITTEE. CARRIED. Mayor Pro -Tem Traynor read a memo from the City Clerk dated January 1975 recommending the City pay its full share for admi strative costs at $967.51 from budget account #009 519.90.42. An error in computing the budget account tota s was discussed and an ordinance will be required to adjust the fund total in the above account. MOVED BY HARRIS, SECONDED BY STERLING, THAT THE CITY COUNCIL ET,ECT AN ANNUAL PAYMENT FOR 1975 IN THE AMOUNT OF $80.58 FOR PERS. CARRIED. MOVED BY HARRIS, SECONDED BY DAVIS, TO RECESS TO CHECK BUDGET ACCOUNT. CARRIED. Mayor Pro -Tem Traynor called the meeting back to order with all Council Members present as previously listed. Councilman Gardner read a letter from Steve Hall regarding a proposed merger of Water District #35 and Water District #38. The letter recommends that since the area include portions of the City, the City should request a public hearing before the Boundary Review Board in order to protect an established LID and services already provided there. MOVED BY GARDNER, SECONDED BY STERLING, THAT THE CITY COUNCIL AUTHORIZE THE CITY TO REQUEST A PUBLIC HEARING BEFORE THE BOUNDARY REVIEW BOARD.* Steve Hall, Public Works Director, reviewed the area at the map. Councilwoman Davis asked if she should vote on this matter since she owns property in that area. Attorney Parker stated it makes no difference. Councilwoman Harris inquired as to the financial status of Water District #35. Can we afford to take on the extra costs of Water District #35, can the utilities service in the City carry that burden. If there is extensive work to do on the lines then we must bond our own water department to be able to accomplish the work. The people inihe district may be applying a lower rate than Tukwila and t may need to go to an election on this. Steve Hall stated he was informed about this last week and did not have time to gather all pertinent information yet. The only reason this is on the agenda now is to request the public hearing from the Boundary Review Board. The City is presently serving areas in Water District #35 and we wish to retain them to protect our investment. Discussion continued. *CARRIED, WITH HARRIS VOTING NO. Councilwoman Harris stated the Council intends to develop a procedure for grant applications to be processed through from the staff to the Council approval levels. The purpose is to keep everyone informed on the grant applications. MOVED BY HARRIS, SECONDED BY STERLING, TO REFER THE MATTER OF GRANT APPLTCATION PROCEDURES POLICY TO THE FINANCE COMMITTEE. CARRIED Councilwoman Harris stated the City presently has a land use plan, a water plan, a sewer plan, an underground wiring plan, etc. and it would be great if we could get them a -1 tied to- gether. Staff could be assigned to providing an ordinance to attach these separate plans to the Comprehensive Land Use Plan and perhaps develop an overlaying map concept to display the entire system. Kjell Stoknes, Planning Director, stated that is the intention of the staff to go to the Planning Commission with the land use plan and its separate parts, go through a public hearing, and adopt the entire system by ordinance. He stated he would like to keep in phase with the City Council as part of the planning entity. He felt the end result of developing the entire plan would be the same as all these separate proposed ordinances for sidewalks, etc. MOVED BY HARRIS, SECONDED BY DAVIS, TO REFER THE MATTER TO THE COMMUNITY AFFAIRS COMMITTEE. CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING January 20, 1975 Page 4 NEW BUSINESS Contd. Job description Council Recording Secretary Council Order #2, providing Council Members with keys to City Hall. offices Council Order #3, Request City Clerk to announce ordinance and resolution numbers after passage at Council meetings. RECESS 8 :50 P.M. 9:00 P.M. OLD BUSINESS Proposed City Hall Rezone request Frank Todd property from R3 to RMH o s9 Councilwoman Harris suggested the Committee of the Whole take care of this item. Councilman Saul suggested the Person- nel Committee. MOVED BY DAVIS, SECONDED BY HARRIS, TO REFER THE MATTER OF A JOB DESCRIPTION FOR THE COUNCIL RECORDING SECRETARY TO THE COMMITTEE OF THE WHOTE MEETING, JANUARY 27, 1975. CARRIED. Mayor Pro -Tem Traynor asked what offices the Council Members feel they need to have keys for. Councilwoman Harris stated she needed a key for the door between the Clerk's office and the outer vestibule and a key for the Annex Building since the Community Affairs Committee meets in that office. Steve Hall stated Councilwoman Harris had previously requested a key to the Annex Building and he felt since he was in charge, part of his responsibility includes the security of the building. He stated he would release any responsibility for the building if any keys are given out. City Clerk Kinney stated she demonstrated to the Council President that the lock on the door between her offices and the vestibule does not lock even though the lock is latched. Councilman Sterling stated the lock then should be replaced right away. Councilman Saul noted the Order does not specify which offices the Council requests keys for. Councilman Johanson stated he would be willing to sign a release for the keys issued to him, that he is not concerned with the integrity of the Council Members. Councilwoman Davis requested a key to the Council file cabinet. Mayor Pro-Tem Traynor suggested that keys be issued on an individual request basis only. MOVED BY HARRIS, SECONDED BY DAVIS, THAT COUNCIL ORDER #2 BE ADOPTED. CARRIED. MOVED BY STERLING, SECONDED BY JOHANSON, THAT COUNCIL ORDER #3 BE ADOPTED. CARRIED. City Clerk Shirlee Kinney stated she would be most willing to announce the number assigned to each ordinance and resolution as it is passed. MOVED BY TRAYNOR, SECONDED BY HARRIS, TO RECESS THE MEETING. CARRIED. Mayor Pro -Tem Traynor called the meeting back to order with all Council Members present as previously listed. Councilman Saul stated the Council felt it necessary to termin- ate the professional services agreement with Mr. McAdoo. His plans did not follow the recommendations of the Planning Commission at all. The Council will be requesting the City Attorney to draw up a resolution rescinding the prior resolution to retain Mr. McAdoo. He suggested the Public Works Committee pick up the matter now. Mayor Pro-Tem Traynor stated that this seemed to be sitting stagnant for a long time and felt it should go to the Committee for a recommendation as soon as possible to the entire Council. We need to get started on this City Hall. MOVED BY DAVIS, SECONDED BY SAUL, TO REFER THE MATTER OF CITY HALL TO THE PUBLIC WORKS COMMITTEE FOR FURTHER STUDY. CARRIED. Councilwoman Harris stated the Community Affairs Committee met January 8 and minutes including discussion on this item have been supplied. We recommend that this be remanded hack to the Planning Commission for the following reasons: No further action be taken by the Planning Commission until Section 18.98. 030, paragraphs a through h, of the Tukwila Municipal Code requirements have been submitted; Submittal of site plans; Testimony or notarized letter of approval or disapproval from Ms. Mitsuye Kato be obtained before rezone is granted or denied. It was pointed out that it is very difficult to avoid conflict with the Appearance of Fairness Doctrine. The fact that Mr. Todd, presently mayor of this City, did not immediately excuse himself from the Council table upon introduction of this subject at the January 6, 1975 regular Council Meeting is questionable. In addition, this Committee feels it is difficult for the City staff, who are required to prepare reports and an analysis of TUKWILA CITY COUNCIL REGULAR MEETING January 20, 1975 Page 5 OLD BUSINESS Contd. Rezone request Frank Todd property from R3 to RMH Contd. Report by Public Works Director re: Water District #75 int erti e Transfer of funds Park Department SECOND READING OF ORDINANCES Proposed ordinance Authorizing Planning Director to waive re- quirements for under- ground utilities under certain circumstances Proposed ordinance Powers and duties of Tukwila Park Commission /0 6 this request, to entirely separate the relationship of applicant from that of "the boss." It is unknown whether the Chairman of the Planning Commission is still an employee of Mr. Todd, and whether he participated in the discussion during the Planning Commission public hearing. It would be appropriate that, should that relationship still exist, the Chairman excuse himself from any further consideration of that body in order to protect both the applicant and any decision of the Planning Commission of this particular subject. Councilman Traynor stated he agreed with the findings of the committee, especially regarding the site plans requirement. This informa- tion is vital to the application for rezone and he was disap- pointed in the Planning Commission for not requiring these docu- ments. He stated this City has bought several pigs in a poke in the past and he thought they had learned their lesson by now. Councilwoman Davis pointed out this type of zoning allows for businesses in the first two floors of the building. She felt it should go back to the Planning Commission for further study. MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO REFER THE MATTER OF REZONE REQUEST FROM R3 TO RMH BY FRANK TODD TO THE PLANNING COMMISSION FOR FURTHER REVIEW OF THE COMMUNITY AFFAlttb Uu`9M ±T1EE's REUOMMENDATlONb. t;A1.T 7b. Steve Hall, Public Works Director, requested this item be deleted and discussion regarding this item be taken up with item 10.g. on the Agenda. MOVED BY JOHANSON, SECONDED BY STERLING, TO DELETE ITEM 7.c. FROM THE AGENDA. CARRIED. MOVED BY HARRIS, SECONDED BY JOHANSON, TO AMEND THE AGENDA TO ADD ITEM 7.d., TRANSFER OF FUNDS IN THE PARK BUDGET. CARRIED. Councilwoman Harris explained the purpose of the transfer of funds for lights in the Park. She stated the Council is not sure if the funds can be transferred from the Land Acquisition, Building and Development Fund for this purpose, however, the funding should be recommitted and allocated for this purpose for 1975. MOVED BY HARRIS TO REFINANCE THE LIGHTING FOR THE PARK IN THE AMOUNT OF $17,000.* Councilman Sterling noted we do not yet know where the money will be coming from. *MOTION WITHDRAWN. MOVED BY HARRIS, SECONDED BY JOHANSON, TO CONTINUE THE MATTER OF TRANSFER OF FUNDS FOR PARK LIGHTING TO THE FEBRUARY 3, 1975 REGULAR MEETING. CARRIED. Councilman Sterling suggested a legal opinion may be in order to determine if Park development expenses can come from the Land Acquisition Fund. Councilwoman Harris stated the Community Affairs Committee recommended a "do not pass" on this. Crossing legislative authority is contrary to State law and the Council itself does not know that we are empowered to grant this authority. MOVED BY TRAYNOR, SECONDED BY HARRIS, TO READ PROPOSED ORDINANCE BY TITT,F ONLY. CARRIED. Attorney Parker read proposed ordinance amending Section 13.08.070 of the Tukwila Municipal Code, authorizing the Planning Director to waive the requirements for underground utilities under certain circumstances by title only. MOVED BY HARRIS, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE DENIED. CARRIED. MOVED BY HARRIS, SECONDED BY DAVIS, TO AMEND THE AGENDA TO INCLUDE ITEM 8.b., PROPOSED ORDINANCE REGARDING THE POWERS AND DUTIES OF THE TUKWILA PARK COMMISSION. CARRIED. Councilwoman Harris stated the committee made recommendations regarding the proposed ordinance at its January 8 meeting; she then reviewed the amendments to the proposed ordinance. Mayor Pro -Tem Traynor asked Attorney Parker if he had seen this revised ordinance. Attorney Parker replied no. Steve Hall stated he had not seen the revisions either. Attorney Parker added that he had not approved the ordinance as to form yet. MOVED BY DAVIS, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE REGARDING POWERS AND DUTIES OF THE TUKWILA PARK COMMISSION BE PLACED ON THE FEBRUARY 3, 1975 AGENDA. CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING January 20, 1975 Page 6 FIRST READING OR ORDINANCES Ord. #913, Increasing sewer charges Ord. #914, Increasing water rates RESOLUTION Resolution #470, Authorizing the study and entering into an agreement with King County Housing Development Act /D6 MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance amending Sections 14.16.030 and 14116'065 of the Tukwila Municipal Code to indrease sewer charges and declaring an emergency. Attorney Parker noted that the words "Single tenant" should be deleted in Section 1.(4). MOVED BY JOHANSON TO READ BY TITTF, ONLY AS AMENDED. MOTION WITHDRAWN. City Treasurer Mae Harris noted that the figure "700" in the fourth line of Section 1.(4) be amended to "900 Councilman Saul read a letter from Foster Marshall, financial consultants to the City, dated January 7, 1975. Mayor Pro -Tem Traynor read the amended Section 1.(4). MOVED BY JOHANSON, SECONDED BY TRAYNOR, TO AMEND SECTION 1.(4) OF THE PROPOSED ORDINANCE TO STRIKE THE WORDS "SINGT,F TENANT" AND CHANGE THE FIGURE "700" E THE FOURTH LINE TO "900 CARRIED. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ FOR THE SECOND TIME BY TITT,F ONLY AS AMENDED.* Steve Hall, Public Works Director, stated Metro has increased the rate charged to the City for sewer and the City must now pass along the cost to the residents. *CARRIED. Attorney Parker read proposed ordinance amending Sections 14.16.030 and 14.16.065 of the Tukwila Municipal Code to increase sewer charges and declaring an emergency by title only. Councilwoman Davis asked Attorney Parker if he approved this ordinance as to form. Attorney Parker replied yes. Councilman Saul asked if the surcharge includes out of City residents being served. Councilman Johanson stated the committee has not yet discussed this and he felt it should be discussed to formulate a recommendation to the City Council. MOVED BY STERLING, SECONDED BY SAUL, THAT ORD. #913 BE ADOPTED AS READ. CARRWD. MOVED BY STERLING, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance amending Section 14.04.240 of the Tukwila Municipal Code, increasing water rates and declaring an emergency. MOVED BY STERLING, SECONDED BY GARDNER, TO APPROVE PROPOSED ORDINANCE AS READ. MOTION FAILED, WITH SAUL VOTING YES. MOVED BY S'L RLING, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ BY TITTE ONLY.* Councilman Saul related the recommendation from Foster and Marshall regarding the Independent Water Company in that it is probably a liability and should be classified as a standard industrial customer or should be eliminated as a City account. The City only received $132 over its cost of water for 1974 which is not worthwhile if there is any amount of labor or administrative attention devoted to any of the customers within the Independent system. Discussion continued. Mayor Pro -Tem Traynor pointed out that the amount for minimum users has not changed, but the minimum amount to be used has been reduced. *CARRIED. Attorney Parker read proposed ordinance amending Section 14.04.240 of the Tukwila Municipal Code, increasing water rates and declaring an emergency by title only. MOVED BY JOHANSON, SECONDED BY DAVIS, THAT ORD. #914 BE ADOP1'ED AS READ. CARRIED. MOVED BY HARRIS, SECONDED BY DAVIS, TO AMEND THE AGENDA TO CONSIDER ITEM 10.e. AT THIS TIME. CARRIED, WITH SAUL VOTING NO. MOVED BY HARRIS, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution authorizing the execution of an agreement with King County regard- ing planning for use and distribution of certain block grant funds under the Community Development Act of 1974, authorizing the execution of related documents, and declaring an emergency. Del Moss, representative from the County Executive's office, stated the dead- TUKWILA CITY COUNCIL REGULAR MEETING January 20, 1975 Page 7 RESOLUTION Contd. Resolution #470, Authorizing the study and enetering into an agreement with King County Housing Development Act Contd. FIRST READING OR ORDINANCES Contd. Proposed ordinance bereavement leave Ord. #915, Providing accrual of annual leave on a monthly basis. /o G a— line for signing these documents is tomorrow night. MOVED BY STERLING, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY.* Councilman Gard- ner stated there are safeguards by accepting this that would prevent the City being wide open to large complexes of low income families. Del Moss agreed, stating the County's restrictions in this area are stricter than those of the Federal government. The Act is geared to take care of the housing needs with- in the community as they exist and is not intended to move low income people from one part of the County to another. *CARRIED. Attorney Parker read proposed resolution authorizing the execution of an agreement with King County regarding planning for use and dis- tribution of certain block grant funds under the Community Development Act of 1974, authorizing the execution of related documents and declaring an emergency by title only. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT RESOLUTION #470 BE ADOPTED AS READ. CARRIED. Kjell Stoknes, Planning Director, stated his Department is familiar with and supports this legislation. He expects Tukwila will qualify for the funds next year. Councilman Johanson stated this was one of the bene- fits requested from U.S.T.M.E. and he read a letter from U.S.T.M.E. president Gary Crutchfield regarding the groups proposals. Gary Crutchfield stated in his letter that he was not aware that the resolution of recognition of S.T.M.E. would be on this Agenda; also that he would like to have the Ordinances regarding benefits made effective January 1, 1975 rather than the effective date of the ordinances. MOVED BY JOHANSON TO TABLE AGENDA ITEMS 9.c., 9.d. and 9.e. TO FEBRUARY 3 COUNCIL MEETING Maxine Anderson, Public Works Executive Secretary, stated it was her understanding that the only resolution that was to be tabled was for recognition of the Unincorporated Society of Tukwila Municipal Employees and the other ordinances are recommended to be retroactive if possible if passed. *MOTION WITHDRAWN. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ IN FULL. CARRIED. Attorney Parker read proposed ordinance authorizing bereavement leave of three days with full pay and benefits following the death of certain relatives of employees and the spouses of employees. MOVED BY HARRIS, SECONDED BY DAVIS, TO REFER PROPOSED ORDINANCE TO THE FINANCE AND PERSONNEL COMMITTEE. CARRIED, WITH JOHANSON VOTING NO. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance amending Tukwila Municipal Code Section 2.52.040, paragraph (C) to provide for accrual of annual leave on a monthly basis. Council- woman Harris stated an ordinance appeared on the Council's Agenda of December 2 and on December 16 it was referred to Committee and perhaps this should be considered a second reading for this ordinance since only a few figures have been changed otherwise, it is exactly the same ordinance. It could be considered a substitute ordinance for the previously introduced ordinance. TUKWILA CITY COUNCIL REGULAR MEETING January 20, 1975 Page 8 FIRST READING OF ORDINANCES Contd. Proposed ordinance Providing for accrual of sick leave on a monthly basis Proposed ordinance Gambling /0 62 Councilman Johanson was excused from the meeting at 10:25 P.M. MOVED BY STERLING, SECONDED BY HARRIS, THAT PROPOSED ORDINANCE BE CONSIDERED AS ON ITS SECOND READING. CARRIED. MOVED BY STERLING, SECONDED BY SAUL, THAT ORD. #915 BE APPROVED AS READ. CARRIED. RECESS MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MEETING 10:30 P.M. 10:40 P.M. RECESS FOR TEN MINUTES. CARRIED. Mayor Pro -Tem Traynor called the meeting back to order with all Council Members present as previously listed. MOVED BY STERLING, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read ordinance amending Tukwila Municipal Code Section 2.52.050 to provide for accrual of Sick Leave on a monthly basis. Councilman Johanson stated his committee has been in contact with the State Gambling Commission regarding proposed legislation on a State -wide basis. Council- man Johanson suggested amendments to the proposed ordinance to set a tax of 10/0 on bingo, raffles, and amusement games; 5% on gross receipts of pulltabs; the City Treasurer will act as City official to collect these taxes. The committee recommends that punch boards be banned. Councilman Gardner stated that other cities are going to a percentage tax rate of 10% to 20%. Councilman Johanson stated the Gambling Commission has determined that card rooms are stressed to be non profit enterprises and one piece of proposed legislation will limit profit to 500 of the revenue of the business establishment itself. Councilman Saul stated this is a far cry from what was originally proposed by the committee. He felt the table tax rate was a good suggestion and he felt it does not matter what the rest of the County does since most gambling will be eliminated there after May 31 anyway. Tukwila will not be getting rid of our gambling and we have shown that these establishments can make $300,000 a year. He stated he does not support the 10/0 20% rate. Mrs. Ella Woyvodich stated if people really think that 5 card tables are going to bring in $300,000 a year don't tell me that anyone in this City would quit their good jobs, buy a little tavern and set up gambling. They would really have to be stupid if they didn't if they really believed that is true. Councilman Johanson stated in regard to the percentage rate of tax that the City can go to the State for a copy of quarterly revenue reports submitted by all licensed gambling establishments and he felt nonsched- uled spot check audits would be a good idea too. Councilman Sterling agreed that a percentage might be more fair but he would not like to see the City run- ning constant audits due to the time and expense involved. TUKWILA CITY COUNCIL REGULAR MEETING January 20, 1975 Page 9 FIRST READING OF ORDINANCES Contd. Proposed ordinance Gambling Contd. /0 65/ Mr. Joe Gasparavich stated it would not be logical to charge a small establishment like the 19th Hole $5,000 for one table. $300,000 is not applicable as revenue to all establishments. The City either wants the gambling business or they don't. Discussion continued regarding law enforcement invol- vement. Councilman Johanson stated he expected the Police Department to spot check visually the estab- lishments and would not have a significant role in the revenue part of the business since the Liquor Board, the I.R.S. and the State Gambling Commission already investigate quite thoroughly. Councilman Saul stated the ordinance should be adopted in its present form since the Council can revise it at any time depending on what the State does in the future. At this time, we don't know for sure that the State will make any changes we cannot wait forever. Mrs. Woyvodich stated the card room obviously has so many chairs just as this Council Chamber has so many chairs and they are not full of people at all times. She then submitted an article from the Record Chronicle entitled "Crime forecast in gambling here doesn't materialize" to the City Clerk. Councilwoman Harris expressed concurrence with the percentage rate, stating we do not have much history to base a table tax on and questioned whether the Council has the right to attach such a burdensome tax of $52,000 to the establishments. She would not want to be responsible for any business taking a loss due to tax levied by the Council. It is discrimina- tory to take a phase of business and tax it so heavily, while we are ignoring some tax revenues like the entertainment tax on our theater. Mrs. Eleanor McLester stated if we are going to a percentage rate as opposed to a table tax, she thought the Council would have to set up some other criteria than State Gambling licenses and should have some restrictions in the City. She felt the table tax would have kept responsible establishments going in town. Mr. Anthony Zuanich stated he would go along with the table tax if he had 5 tables that were actually going 10 hours a day with a full game. As a matter of fact, he would go along with $10,000 tax per table if that were the case. The City of Seattle actually paid one establishment $125,000 and it still went out of bus- iness. These estimates of revenue are ridiculous. Mr. Ken Harris stated he was present at the Finance Committee meeting when gambling was discussed. The revenue was figured on an hourly rate per hour and per the number of tables operating. He has visited the White House Tavern and it seemed like a going operation to him. He felt the percentage tax is the only fair way because the establishment could never guarantee how many players they will have. He would like to see the citizens of Tukwila benefit from a higher percentage. TUKWILA CITY COUNCIL REGULAR MEETING January 20, 1975 Page 10 FIRST READING OF ORDINANCES Contd. Proposed ordinance Mr. Al Pieper stated the percentage tax is really the Gambling Contd. only fair method except that there is no way to aduit through any State office. At the previous public hearing on gambling and during tonight's dis- cussions, the only people to speak in favor of gamb- ling are the people who will profit from it and they insist there are no profits from it. Mr. Ken Harris stated the purpose of a card room is to draw in the people in order to make more profit from sales of beer and food and this is what he under- stood the intent of the law is. Mr. Zuanich stated anyone who wants to check a card room only has to request a daily sheet made out every half hour by the establishment and these are the records the Gambling Commission checks also. Mr. Ed Bauch stated he has always advocated getting as much tax as possible from gambling. Following the Finance Committee meeting, he visited the two estab- lishments in Tukwila and some in Renton and there is no way that a table tax can be established at the present time. We need to establish a tax now to be able to get into their books to find out just what the revenue is, then we can change the rate to what is fair and reasonable at a later date. Mrs. Anne Altmayer stated she supported Councilman Saul's position. The original intent of all this was to allow bingo and smaller games. She stated anyone who believes there is no profit in card rooms must be naive. Mrs. Woyvodich stated this type of stimulant is very necessary; the national death rate of restaurants is one out of four in the last six months. Councilwoman Harris noted that with a percentage rate it probably would not be necessary to amend the ordi- nance at all. We should take advantage of what other cities have taken the time to find out. Councilman Johanson stated a percentage rate between 10% and 20% is fair to the card player and to the business which must remain competitive. Councilman Saul stated there have always been higher taxes on the people who smoke and drink. MOVED BY TRAYNOR, SECONDED BY SAUL, TO INCLUDE THE TABLE TAX AS ORIGINALLY RECOMMENDED BY THE FINANCE COMMITTEE IN PARAGRAPH (C), SECTION 4 OF PROPOSED ORDINANCE. FAILED, WITH SAUL AND TRAYNOR VOTING YES. MOVED BY STERLING, SECONDED BY SAUL, TO INCLUDE 25% RATE FOR SOCIAL CARD ROOMS IN PARAGRAPH (C), SECTION 4 OF PROPOSED ORDINANCE. CARRIED, WITH GARDNER, TRAYNOR, AND HARRIS VOTING NO. MOVED BY TRAYNOR, SECONDED BY SAUL, TO INCLUDE 30% RATE FOR PUBLIC CARD ROOMS IN SECTION 4, PARAGRAPH (D). ROLL CALL VOTE: 4 NOS GARDNER, DAVIS, HARRIS, JOHANSON; 3 AYES STERLING, TRAYNOR, SAUL. MOTION FAILED. TUKWILA CITY COUNCIL MEETING January 20, 1975 Page 11 FIRST READING OF ORDINANCES Contd. Proposed ordinance Gambling Contd. EXECUTIVE SESSION Councilwoman Davis Attorney Parker Councilwoman Davis Attorney Parker Councilwoman Davis Attorney Parker Mr. Iverson /0 Discussion continued relating to proposed regulations by the State Gambling Commission. MOVED BY SAUL, SECONDED BY TRAYNOR, TO INCLUDE 25% RATE FOR PUBLIC CARD ROOMS IN SECTION 4, PARAGRAPH (D). FAILED WITH TRAYNOR AND SAUL VOTING YES. MOVED BY STERLING, SECONDED BY SAUL, TO INCLUDE 20% RATE FOR PUBLIC CARD ROOMS IN SECTION 4, PARAGRAPH (D). ROLL CALL VOTE: 5 AYES STERLING, TRAYNOR, DAVIS, SAUL, JOHANSON; 2 NOS GARDNER, HARRIS. CARRIED. MOVED BY HARRIS, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance of the City of Tuk- wila, Washington, relating to gambling and gambling activities; prohibiting "punchboards defining terms; levying a tax; providing penalties; and re- pealing Chapters 5.24 and 5.28 of the Tukwila Muni- cipal Code and any and all ordinances in conflict herewith, by title only. 12:10 A.M. 12:25 A.M. Councilman Saul suggested the Agenda be amended to consider Item 10.d. at this time. (The following portion is transcribed ver batim at the request of Councilwoman Davis) I would like to interject to have an Exec Session with our Attorney before we take this on and I think that it is Oh. listen, you got people waiting here all night to hear this thing. I'm sure, sir, that they could come back Wednesday. I'm sorry for it, but I think we should Well, there'll be no Executive Session with the City Attorney tonight. Mayor Pro Tem Traynor called for one speaker at a time to maintain order. He stated Councilman Saul has suggested to consider Resolution Item 10.d and that Councilwoman Davis has proposed that the Execu- tive Session has to do with the storm drainage in LID #27. In that area, yes. I am wanting to get with him, to talk with him in private before we take on this mat- ter. I feel we need to talk to him, to be able to talk freely, and since there is a law suit concerned, I think that we are certainly entitled to an Execu- tive Session. Anything about this law suit can be said right out here in the open and I can say it in about three min- utes. I appreciate Mr. Saul's trying to put us on the Agendh ahead of some other items and for Mrs. Davis's edifi- cation, I think there are three people here who can answer what you are waiting for. And that would be concerning the formation of this LID would dissolve the law suit, and if we could have this on the Agenda now and discuss it briefly, it would put your minds at rest that perhaps we can solve the matters that TUKWILA CITY COUNCIL MEETING January 20, 1975 Page 12 EXECUTIVE SESSION Cont. Councilwoman Davis Attorney Parker Councilwoman Davis Attorney Parker Attorney Parker RESOLUTION Reso. #471, Intent to form storm drainage LID #27 have been pending for such a long time. I wished I didn't have that attitude, sir. I still have qualms about going into this and talking in front of public when a law suit is concerned on this. It concerns me. You should have no qualms. This is the way to do it, believe me. I wished you didn't, too. It's midnight after we sit here for five hours and you pull a stunt like this. Mayor Pro Tem Traynor called for order at the Council table. He asked Attorney Parker if he would object to sitting here at least for a little longer in Executive Session to find out what the feeling is and maybe we can pursue this thing. I'll talk about this case of Sammamish Commercial vs. the City of Tukwila if you want an Executive Session, fine. We won't go into anything other than that, however. MOVED BY SAUL, SECONDED BY DAVIS, TO AMEND THE AGENDA TO HAVE AN EXECUTIVE SESSION REGARDING THE SAMMAMISH LAW SUIT AT THIS POINT. CARRIED. Mayor Pro Tem Traynor called the meeting back to order with all Council Members present as previously listed. MOVED BY SAUL, SECONDED BY STERLING, TO AMEND THE AGENDA TO CONSIDER ITEM 10.d. CARRIED. MOVED BY STERLING, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution of the City Council of the City of Tukwila declaring its intention to improve a part of the City by constructing and installing a system of storm sewer lines, and to create a local improvement dist- rict to assess the cost and expense of carrying out such improvement against the property especially benefitted thereby and notifying all persons who desire to object to the project to appear and present their objections at a meeting of the City Council to be held on February 17. 1975 and declaring an emer- gency. Councilman Sterling stated he assumed that only in the case of the LID actually going through would Harstad Associates be paid. Jon Stack, Harstad Associates, replied as far as the City is concerned, yes. Expenses for the firm would come out of the preliminary assessment roll. Steve Hall, Public Works Director, stated proposals on the project will be ready in a few weeks from Hill, Ingman Chase and from Harstad Associates. He then read a letter to the Council dated January 15, 1975 regarding the form- ation of LID #27. Councilwoman Harris stated with reference to Mr. Hall's letter on Pg. 2, the Council should consider striking Section 4 of the proposed resolution. Regarding Pg. 3, first paragraph of the letter, it is indicated that Harstad Associates made a study for Lincoln Properties and Doces property, which is tied up in the entire situation. Steve Hall stated the study was what brought about the alternative to form an LID for storm drainage. Councilwoman Harris asked then if there is a conflict of interest with Harstad being designated as engineer for the City and TUKWILA CITY COUNCIL MEETING January 20, 1975 Page 13 RESOLUTION Cont. Reso. #471 Cont. as consultant for Lincoln Properties and Doces, or were they acting as City engineer for Lincoln and Doces. Steve Hall replied Harstad was retained as a private consultant for Lincoln Properties and for Doces. Jon Stack responded, stating a report had been compiled, entitled the South Tukwila Study Area. He read the cover letter of the report dated November 26, 1973 addressed to Mayor Todd. From this study the concept evolved for the storm drainage and since this time we have made a preliminary study at no cost to the City of Tukwila for this planning in that area. Harstad Associates was retained by Lincoln Properties and Doces to go into more detail to see if the project was feasible in lieu of the 54" line. We are using this study as a basis for the LID and he stated he did not quite follow where there could be a conflict of interest we are talking about a factual engineering analysis. Councilwoman Harris stated her question related to the firm being employed by two private companies to study the area and now that firm is coming back on the City's employe to work on a closely related project. Jon Stack stated his firm has already invested the engin- eering time in this document and we can be more effi- cient in completing the project than another firm who would be starting fresh from the beginning again. Mr. Jon Flattery, Lincoln Properties, stated those involved with this were wrestling over the problems last May. The alternate plan was proposed and we did retain Harstad Associates to study it, and we footed the bill in the interest of the project and in the resolution of the pending law suit and additionally in the interest of the City. The study took 60 days and $5,000. It seems foolish to throw away this preliminary work to spend more time and money to get to the same place where we are today. Councilman Gardner stated the City never asked for the study or did they ever accept it. Jon Stack replied the docu- ment in question evolved from a meeting between Steve Hall, Mayor Todd and Harstad at which time the City did not have any comprehensive planning to the South. Subsequently, the City has adopted in its Comprehen- sive Plan the water and the sewer from this study. Steve Hall stated professional engineering firms are not allowed to compete with one another and that all they can do in this case is to give us a rough esti- mate of the engineering costs. The judgment of the staff and City Council is regarding their capability and qualifications. Harstad already has the basic information together at this time. At the Council's direction, he has solicited proposals.In order to get the preliminary assessment off the ground we have to have a professional engineer. Mr. Iverson stated he had 19 years of experience appearing before the City Council, and he knew how the name of an engineer such as Howard Harstad could become time worn and perhaps not acceptable. But Jon Stack is a very efficient engineer and as a matte] of fact, he came from Hill, Ingman Chase who did the comprehensive plan. The comprehensive plan as it pertains to the South Tukwila area did not include a great deal of planning. Since that time, a great deal has been done privately and you are now seeing the culmination of that in this study by Jon Stack. Jon Flattery and myself and, although he could not speak for Mario Segale but he perhaps would second his motion to see Jon Stack finish this engineering job. Steve Hall's letter is succinct on especially Highline water district intertie Water district 75 intertie Water district #75 intertie TUKWILA CITY COUNCIL MEETING January 20, 1975 Page 14 RESOLUTION Cont. Reso. #471 Cont. two points. The only reason that this particular plan would be moot to the entire Tukwila industrial community is because of the intertie of the North Canyon into that 66" line and it is the County re- questing that you adjust your comprehensive plan. If the 54" line and another 66" line were installed, it would not accomplish anything. With the intertie and the alternate plan, the comprehensive plan will operate and P -17 will be put to bed for all time. This is the best solution for all of us with this pro -rated LID. Additionally, one of the participants in flooding the flood plain in the Valley is the Washington State Highway Department which contributes nearly 300 acres into Gilliam Stream and no one has ever asked them for an assessment donation. A claim by the City of Tukwila to the State may be made. He stated he would recommend Jon Stack be the engin- eer for this project. Councilman Sterling stated he would like to see the comprehensive plan changed after this LID is in effect. Mr. Iverson stated we are only talking about a matter of time in regard to those who would oppose it. The comprehensive plan as it now stands will never operate. Councilwoman Harris stated the LID concept is excell- ent. She stated she is inclined to drag her heels over the City being the initiator. She felt the parties involved should petition the City Council. We have no commitment from Allied Stores. If the people in that area want this thing settled, perhaps they should take the iniative to get a petition circu- lated or perhaps we should ask for a letter of intent from Allied Stores. Mr. Iverson stated the initiative doesn't come from either the City or the property owners, it comes from the County which has stated this is the only plan they will accept. We must tie the North Canyon into the South Canyon and pump the balance of the water South of 180th into that same line. This is the reason for forming the LID. Mr. Mario Segale stated in the negotiation settlement it was decided that the City would carry the ball for the LTD as its own part of the settlement. Each party has a part to perform in this settlement. He stated he supported Harstad Associates for the pro- ject. It would be a waste of time to get someone else. And we will take advantage of the reports completed and whose cost will be included in the LID. He also stated he supported for formation of the LID. Councilman Saul stated he supported the City Attorney and he is in favor of initiating the LID and he would go along with Steve Hall's recommendation. Councilmar Gardner stated he was holding back because he did not want Harstad on the project but he would be willing to go along with this. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE TITLE BE AMENDED IN THE BLANK TO READ FEBRUARY 17, 1975 AND THE TIME BE DESIGNATED AT 7:00 P.M. AND THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed resolution of the City Council of the City of Tukwila declaring its inten- tion to improve a part of the City by constructing and installing a system of storm sewer lines, and to create a local improvement district to assess the cost and expense of carrying out such improvement against the property especially benefitted thereby and notifying all persons who desire to object to the TUKWILA CITY COUNCIL MEETING January 20, 1975 Page 15 RESOLUTION Cont. Reso. #471 Cont. Reso. #472, Awarding bid for metering F monitering project to Frank Coluccio Const. E declaring emergency RECESS 1:16 A.M. January 21, 1975 TUKWILA CITY COUNCIL MEETING January 22, 1975 CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS lo70 project to appear and present their objections at a meeting of the City Council to be held on February 17, 1975 and declaring an emergency, by title only. Councilman Gardner stated he had bad feelings about this and was sure there is a letter on file stating that Harstad was to do no more work in the City. He stated the letter was dated about 10 years ago. MOVED BY STERLING, SECONDED BY SAUL, THAT RESOLUTION #471 BE ADOPTED AS READ. CARRIED. Mr. Sey ale stated that in order to do everything possible to control the costs of the LID, he felt the property owners should dedicate the property for easements or rights -of -way. MOVED BY STERLING, SECONDED BY SAUL, TO AMEND THE AGENDA TO CONSIDER ITEM 10.g. AT THIS TIME. CARRIED. Steve Hall, Public Works Director, explained the bid had been previously awarded to Pro Con Construction and since they have gone bankrupt. Coluccio was the second low bidder and they have agreed to take the contract for 10% above the original cost of last Fall. They agreed also to take Schedule B at the Pro Con bid plus 10 Timing is extremely important on this and we have been informed by the State that our grant through DSHS is still good. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Councilwoman Harris was excused from the meeting at 1:10 P.M. Attorney Parker read proposed resolution awarding bid for construction of metering and monitering, to Frank Coluccio Construction Company and declaring an emergency. He explained that it is too costly to re -bid this project in addition to the fact that we may lose our grant funding if we do not act fast. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed resolution awarding bid for construction of metering and monitering, to Frank Coluccio Construction Company and declaring an emer- gency by title only. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION #472 BE ADOPTED AS READ. CARRIED. MOVED BY STERLING, SECONDED BY SAUL, THAT THE MEETING RECESS TO WEDNESDAY, JANUARY 22, 1975 AT 7:30 P.M. IN THE CITY COUNCIL CHAMBERS TO CONSIDER THE REMAIN- ING AGENDA. CARRIED. Mayor Pro Tem Traynor called the recessed City Counci] meeting to order at 7:30 P.M. GARDNER, TRAYNOR, DAVIS, HARRIS, JOHANSON. MOVED BY JOHANSON, SECONDED BY HARRIS, TO EXCUSE COUNCILMAN STERLING. CARRIED. VOUCHER APPROVAL Mayor Pro Tem Traynor explained the two vouchers which appear tonight must be passed in order to TUKWILA CITY COUNCIL MEETING January 22, 1975 Page 16 VOUCHER APPROVAL Cont. RESOLUTIONS Proposed resolution, Recognizing U.S.T.M.E. as bargaining unit for all non -union employees of the City Reso. #473, Authorizing Mayor to enter into agreement with King County Animal Control for 1975 Proposed resolution, Amending Reso. #455 changing meeting date of the Finance Personnel Committee Proposed resolution, Annexation of Duwamish- Allentown avoid a penalty in late payment of taxes to the State Department of Revenue. City Treasurer Mae Harris further explained. Vouchers No. 4872 4873 Water Fund #4872 436.07 Sewer Fund #4873 110.66 Total 546.73 Councilman Saul arrived at the meeting at 7:32 P.M. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. CARRIED. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE REFERRED TO THE FINANCE AND PERSONNEL COMMITTEE. CARRIED. MOVED BY DAVIS, SECONDED BY JOHANSON, THAT TITLE OF PROPOSED RESOLUTION BE AMENDED TO STRIKE "AND CITY CLERK" AND IN THE BODY OF THE RESOLUTION, STRIKE "AND CITY CLERK" AND AMEND "BE AND THEY ARE" TO "IS Councilman Saul asked if this made any differ- ence. Attorney Parker replied no. Councilman Johan- son stated the party entering into a contract or agreement should be an elected official. *CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution authorizing the Mayor to execute an agreement with King County Animal Control during the year 1975 and declaring an emergency. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT PROPOSED RESOLU- TION BE READ FOR ITS SECOND READING AND DECLARING AN EMERGENCY. CARRIED. Councilman Johanson asked if the term declaring an emergency needed to be in- cluded in the body of the resolution. Attorney Parker stated the procedures ordinance under which the Council is operating is cumbersome and illegal. He stated that someday it would be challenged. He stated he had left space in the body of the resolu- tion to declare an emergency if the Council so desired Councilwoman Davis stated she remembered Attorney Parker previously stating the emergency clause must be both in the title and in the body of an ordinance or resolution. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION #473 BE ADOPTED WITH EMERGENCY CLAUSE WRITTEN INTO THE RESOLUTION. CARRIED, WITH HARRIS VOTING NO. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution amending Resolution No. 455 to change the time for the meetings of the Finance and Personnel Committee. Mayor Pro Tem Traynor stated the Council at the Committee of the Whole meeting requested that this resolution be rewritten to reflect items that were called out in the original annexation petition such as the establishment of their community council. Councilwoman Harris stated the matter should be sent back to the Dept. of Records Elections for recerti- fication and then the resolution can be rewritten. Mayor Pro Tem Traynor directed the City Clerk to check into the matter of recertification of petition signatures.. MOVED BY HARRIS, SECONDED BY DAVIS, TO POSTPONE INDEFINITELY PENDING RESULTS OF RECERTIFI- CATION. CARRIED. TUKWILA CITY COUNCIL MEETING January 22, 1975 Page 17 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Discussion: Ad Hoc Citizens Advisory Committee on Tukwila shuttle bus Specifications for publication of legal notices Financial analyst to study labor contracts Providing for removal of department heads appointed City officials ld7.? MOVED BY DAVIS, SECONDED BY HARRIS, TO REFER THE MATTER OF THE SHUTTLE BUS INTO THE PUBLIC WORKS COMMITTEE.* Councilwoman Harris stated the Committee would select the members of the Ad Hoc Committee. The Committee would appoint these members to help them and to evaluate the situation for a report to the City Council. Councilman Saul stated he hoped the people who do ride the bus would be selected for the Ad Hoc Committee. Councilwoman Davis stated the main purpose of this is to insure that the selection and time of surveys would not be known so that efforts to stack the bus would not be possible. She stated she questions the survey that is provided by Metro. Councilwoman Davis stated she hoped information would come out of these surveys that might help to schedule the bus for more convenient hours or that might enable the Council to consider alternate methods which would be more beneficial. Councilman Gardner stated he would like to see Metro provide a regularly scheduled run for the hill. Councilman Traynor stated he hoped the Committee would be asking for volunteers as was the case was the Golf Course Ad Hoc Committee. Mr. Ken Harris suggested subsidizing taxi service for the elderly citizens in town. He stated there are about 30 or 40 Metro busses going through Tukwila every day. Mrs. Marilyn Patton stated there are some elderly citizens who are not able to walk down the hill to catch a bus on Interurban Ave. Mr. Al Pieper stated he did not feel the City should be paying $10 to $40 for each person to get down the hill, We should approach this from a need to ride basis. Out of the 1,000 persons that do ride the bus, perhaps only 100 really need to ride the bus. He stated he objected to providing joy rides and babysitting services with the bus. The taxi fare from the hill to Southcenter is $1.50 and it would be cheaper for our elderly citizens to send their bills for taxi service to the City to pay than to provide the bus service. *CARRIED. MOVED BY DAVIS, SECONDED BY SAUL, TO REFER THE MATTER OF SPECIFICATIONS FOR PUBLICATION OF LEGAL NOTICE TO THE FINANCE AND PERSONNEL COMMITTEE. CARRIED. MOVED BY SAUL, SECONDED BY JOHANSON, TO REFER THE MATTER OF ENGAGING THE SERVICES OF A FINANCIAL ANALYST TO STUDY LABOR CONTRACTS TO THE FINANCE PERSONNEL COMMITTEE. CARRIED. Councilman Saul stated the Association of Washington Cities recommends the serv- ices of Mr. Cabot Dow and he concurred. Councilman Johanson stated this is not the beginning of a witch hunt, but there is a need for some degree of participation by the City Council with formal legis- lation prepared in the case of removal of department heads. MOVED BY JOHANSON, SECONDED BY HARRIS, TO REFER THE MATTER OF PROVIDING FOR THE REMOVAL OF DE- PARTMENT HEADS APPOINTED CITY OFFICIALS TO THE COMMUNITY AFFAIRS COMMITTEE.* Councilman Saul stated this appears to overlap administrative policy. The Council does not administrate at all, it legislates. We need some clarification on this. Councilman Johan- son stated the rules that have regulated appointments generally require City Council confirmation and this implies that participation is also indicated for removal. Mayor Pro Tem Traynor stated unless there have been some recent changes in the R.C.W., it is clearly stated that department heads and appointed City officials serve at the pleasure of the Mayor. Any dismissal would be by the Mayor no matter what we did nor did not do. Our bailiwick in this case is TUKWILA CITY COUNCIL MEETING January 22, 1975 Page 18 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Providing for removal of depart- ment heads appointed City officials Cont. Appointment of legal consultant to City Council 1013 the job description study. We don't want to conflict with the R.C.W. Steve Hall, Public Works Director, stated this topic on the Agenda has caused some un- easy feelings among the department heads and employ- ees. If this is going to result in a method of hiring and firing, it is not correct. Councilman Johanson stated he hoped the City Council would have some impact on the administration where there is none now and further, there is no communication now. *CARRIED. Councilwoman Davis stated there is a need here and there for a legal consultant to the Council to aid us on special cases. A firm would be contacted only by a decision by majority vote of the Council before any matter would go to the legal consultant. She stated she has researched and found a very reliable firm with no conflict of interest. MOVED BY DAVIS, SECONDED BY HARRIS, THAT THE FIRM LE SOURD, FLEMING, PATTON AND HARTUNG BE RETAINED AS COUNCIL LEGAL ADVISOR.* Councilman Saul asked what their costs are and who makes the recommendation to contact them for advice. Councilwoman Davis replied the cost would depend on the agreement we would have with them. How we would use the firm would depend upon the determina- tion of the entire Council. The matter would come to the table and we would vote on whether or not to place it into the firm's hands. Mayor Pro Tem Traynor stated we have no guidelines of how they are to be used or how the fees will be determined. He felt the matter should go through committee. Ms. Geraldine Emory asked why the City Council needs a second attorney when they have the City Attorney to advise them. Councilwoman Davis replied all of the members on the City Council do not have full trust in the City Attorney. At certain times, we do need outside aid. Ms. Emory asked if this is provided for in the 1975 Budget. Councilwoman Davis replied yes. Ms. Emory asked if this is an authorized expenditure for a third class city. Councilwoman Davis replied yes. Mr. Ken Harris stated the conflict over the Council's own procedures ordinance is a good example of why the Council needs an advisor. Mr. Burton Lutes stated if the Council is going to hire an attorney, they will need to hire two because there will have to be a third party to balance the decisions of the City Attorney versus the Council's legal aid. Councilman Saul stated the Council often uses the legal services of the Association of Washington Cities and it is often in conflict with our City Attorney. The City Council itself usually decides if it is right or wrong. Mr. Al Pieper asked if the attorney you hire doesn't give you the answer you want to hear, then will the Council fire him and look for another who will provide such an answer. This is the biggest trouble now with the City Attorney and the Council. There is no question whether he is right or wrong. Councilwoman Davis stated the Council has found differ- ent errors that legally don't add up and we need this advice. TUKWILA CITY COUNCIL MEETING January 22, 1975 Page 19 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Council legal consultant Cont. RECESS 8:45 P.M. 8:55 P.M. Discussion: Amending Ord. #492, raise pay for Council Members City Treasurer's monthly investment report Anne Altmayer letter re: appointment of Mrs. Pesicka to the Board of Adjustment Mayor Pro Tem Traynor stated the Council does not always agree with A.W.C. advice, but they may be right. Councilwoman Harris stated she felt the position of the A.W.C. legal consultant should be defined. They are a resource center and research center and they cannot take a position of being the City's legal advisor. We don't have the rapport with the City Attorney that we should. We have never been told what was wrong with the two ordinances he did not approve, which were the Council procedures ordinance and the 1975 Budget ordinance. *ROLL CALL VOTE: 4 AYES GARDNER, DAVIS, HARRIS, JOHANSON; 2 NOS TRAYNOR AND SAUL. CARRIED. MOVED BY TRAYNOR, SECONDED BY DAVIS, TO RECESS FOR TEN MINUTES. CARRIED. Mayor Pro Tem Traynor called the meeting back to order with all Council Members present as previously listed. Councilwoman Harris stated the matter was brought up at the January 11 meeting. The present ordinance is out of step with State law now which states there is no limit to compensation per the number of meetings per month. The amount has not been established and the new pay scale would not take affect until January, 1976 for newly elected or re- elected Council Members. MOVED BY HARRIS, SECONDED BY SAUL, TO REFER THE MATTER OF COUNCIL PAY RAISE TO THE FINANCE AND PERSON- NEL COMMITTEE* Mr. Ed Bauch stated he hoped the pay would have been raised last December and spoke on this matter also at the January 11 meeting. He suggested the salary be set at $300 per month and that the Mayor's salary should also be raised accordingly. Councilman Saul stated as the system stands now, you can miss one meeting and lose half your check. He stated he felt that $75 per month was more realistic. *CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE AGENDA TO INCLUDE THE CITY TREASURER'S MONTHLY INVEST- MENT REPORT. CARRIED. Mayor Pro Tem Traynor review- ed the December, 1974 investment report submitted by City Treasurer Mae Harris. Mrs. Anne Altmayer read her letter to the City Council and members of the audience as follows: "The recent denial by this Council of the re- appoint- ment of Mrs. Phyllis Pesicka to the Board of Adjustment has prompted me to enquire exactly what the qualifica- tions for service to one's fellow citizens and govern- ment entails. I don't know whether or not the Council gave any public reasons for their denial; their usual reply to such an enquiry is that they don't have to explain their votes. However, in a recent conversatior with Mr. Reid Johanson, his response to my question of why he voted against Mrs. Pesicka's reappointment was "because I don't feel she is qualified and for poli- tical reasons, she was a member of the recall committee That is a direct quote. He also question- ed her motivations whatever that means to my knowledge he has never asked her what her motivations were. I assume Mr. Johanson was speaking only for him- self when he made that statement. As for the other council members, I would assume that the sole reason (aside from obvious legal considerations) for denial or acceptance of an appointment to any Board or Commis- sion within this city is based on whether or not the city and its citizens would be advanced, bettered, TUKWILA CITY COUNCIL MEETING January 22, 1975 Page 20 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Anne Altmayer letter Cont. 7" aided, enhanced, enriched or whatever word you chose, by the service of that appointee; to the best know- ledge of those confirming the appointment. Now, I would like to confirm and reinforce Mr. Johan son's statement that part of his reasons for the "no" vote were political, by listing what appear to be very good qualifications at least as good as and better than some of those members presently sitting on the various commissions, boards and councils. Mrs. Pesicka has lived in Tukwila for fourteen years and she states this fact very proudly. She has served in many PTA organizations and still does so being the Mother of six children. She has served as a scout leader, in the Little League organization, in church activities, and served also as a volunteer driver of cancer patients and transportation chairman for the American Cancer Society both for the local and the King County Unit. She has worked hard for many years on the Tukwila Days Committee (no matter who was the head of it), both in planning and in physical labor at the events. She is currently a member of the BicentennialCommittee for the city and recently served on the Committe for the purpose of looking into the purchase of the Foster Golf Course. She also recently served on the Shorelines Management Committee for the City. During the last mayoral election, she held a neighborhood coffee hour for Stan Minkler and Frank Todd, as well. She served in the U. S. Air Force; she has worked for the U. S. Post Office for the last seven years, working four years continuously and for the last several years on an annual basis during the holidays. She has served as a delegate to both the County and State Republican Conventions. She works on the Election Board at Tukwila Elementary School. Phyllis Pesicka has the courage to stand up and disa- gree with what she believes to be wrong, and she has the strength to allow others their right to do the same. She does not require one align themselves with her thinking to be her friend. She is well- educated, intelligent; she is a good citizen, a good neighbor (ask her neighbors) a good friend, and a credit to her community. Because she is qualified to serve on the Board of Adjustments, I am prompted to wonder if her denial could be the beginning of a systematic dismissal through denial of any board or commission members who do not align themselves politically with a majority of this Council. Must the Council have total compliance with their political views? Must they seek and main- tain strong support in every possible facet and func- tion of the city government? Integrity and truth need no support from any source They stand alone. Phyllis Pesicka is no less a person because of your denial. Can the Council say the same? My intention tonight is not to embarass Phyllis Pesicka (although I no doubt have), nor to impress anyone with her qualifications. My intention is to enquire as to exactly what qualifications are needed to serve the city of Tukwila. It is the city that's to be served, is it not? If qualifications are needed and Phyllis lacks them, shall we look further into the qualifications of those already sitting and get rid of anyone with less than those listed above? What crit- eria shall we use and at what level shall we begin? What knowledge and experience did present members have when they first began to serve, not necessarily TUKWILA CITY COUNCIL MEETING January 22, 1975 Page 21 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Anne Altmayer letter Cont. Discussion: LID #19 late comers agree- ment Bicentennial Committee meeting Resume for volun- teers to boards ET commissions /076 on the Council, but other positions before reaching the Council? After listing Phyllis Pesicka's attributes, I suggest to you that this community, this state and this nation would be far richer if we had many, many more Phyllis Pesicka's. I also suggest that the city is the less for the Council's denial. As a citizen and a taxpayer, I object to the use of base and crass political reas- oning for shortchanging the very people this council was elected to represent and elected to serve. We know how and why Reid Johanson voted the way he did. He stated his reasons. I leave it to your own judgment as to the reasons for the remaining votes of the council. Oh, yes, Phyllis Pesicka served also on the Recall Committee. Yours very truly, Mrs. Anne Altmayer" As requested by Councilwoman Harris, the letter appears in full text in the minutes and it was noted at her request that City Attorney Wayne Parker joined with the audience in applause after Mrs. Altmayer read her letter. Mrs. Anne Altmayer stated in the time since she com- posed her letter, she has read in the papers that the Council is considering a requirement by prospective applicants to the boards and commissions to submit a Councilman Johanson stated he was not furnished a copy of the letter. Is this the kind of comment we are are going to encourage? Obviously it was intended to embarrass the Council. Mrs. Altmayer stated her in- tentions were to state what she did. Councilman Johan- son continued, stating if this is a form of communica- tion from Mrs. Altmayer, he was disappointed he knew she had the capabilities to write a column for the newspaper and as a Councilman, he felt badly about this form of communication. He stated he would stand on any decision he has made and any action he has taken. He stated he admits times he has been wrong, but not for the reason of the inferences made in a missile like that. It is degrading to present that to the Council. Addressing Mrs. Altmayer, Councilman Johanson stated he felt the comments he made were a private conversation and should not have been made public in this manner. Since she is a former news- paper woman and if she is soliciting interviews in the form this was presented that night, he frankly felt it was very disgusting. Mrs. Altmayer stated this private conversation included two other people, and Councilman Gardner for a short time. Steve Hall stated on behalf of Helen Nelsen, he re- quested further Council consideration of a late comers agreement for LID #19 by Andy's Diner at the Council of the Whole meeting or Public Works Committee meeting. Also, he suggested discussion on the purchase or assumption by the City of Tukwila of the Independent Water Company. The matters were referred to the January 27 Committee of the Whole meeting. Councilman Saul announced a meeting of the Bicentennial Meeting at 11:30 A.M. on Thursday, January 23 at City Hall in the Council Chambers. TUKWILA CITY COUNCIL MEETING January 22, 1975 Page 23 EXECUTIVE SESSION Cont. ADJOURNMENT 9:45 P.M. Attest: It probably should not have been brought up by the Mayor at all. This is between the department head and the Mayor and the Council should not have been involved. He stated he felt the City Attorney could have stated where the case is, is it dropped or is it in court or what. By hiring outside legal advice, we may be spending a lot of money to find out there is no case after all. He stated this is an adminis- trative problem and not a Council problem. Mayor Pro Tem Traynor stated the Council did get involved when this came across the Council table to refer it to the insurance carrier. Mrs. Anne Altmayer stated as a taxpayer, she objected to the expense of outside legal advice. Councilman Johanson'stated he is and always has been greatly concerned about expenditures, especially when the amount is $100,000. He is concerned about the circumstances related in this case to the City. He stated he has the right to be concerned even as a citizen, let alone a member of the City Council. As a citizen, he demanded to know something about this law suit. He stated he wanted some explanation from someone recognizable by him to be knowledgeable to express in common simple terms just what the obliga- tion of the City is in this case. He stated he finds it strange that the City Council would not take that stand, that is it encumbent upon us to take such a stand. Mayor Pro Tem Traynor stated he has defended Wayne Parker is some things and not in others. This is one thing however that he did not and would not defend him on. He felt his walking out of the meet- ing was not right. He is hired by the City to repre- sent this Council and the City and to discuss the problems of the City with this Council. Mr. Ken Harris stated Mr. Parker's action of leaving would be found to be in violation of the City Code where the City Attorney is required to be present at all City Council meetings and this one has not yet adjourned. Mrs. Anne Altmayer asked if the Council knew anything about this case, what would they do. It is illegal to discuss a case or anything about a case before it goes to court. The City Council members have no more rights than anyone else when it comes to a law suit. *CARRIED, WITH TRAYNOR AND SAUL VOTING NO. Mayor Pro Tem Traynor stated his vote reflected that he does not know what the cost of this would be, not that he ob- jected to the firm being retained by the Council. Councilman Gardner stated he wanted to know if the Council is responsible to sign the bill for payment of the City Attorney and if the insurance company is legally involved with their part in the case. Mayor Pro Tem Traynor stated that Attorney Parker had pre- viously stated the insurance company's attorneys would be handling the case. Councilman Johanson stated he was concerned with Attorney Parker's statement that if he did not defend Chief Sheets as City Attorney, he would defend him privately. MOVED BY DAVIS, SECONDED BY SAUL, THAT THE MEETING ADJQtJ-RN. CARRIED. Dway raynor, Mayor Pro Tem }e Shiflee A. Kinney City �G'lerk /478