Loading...
HomeMy WebLinkAbout1975-03-03 Regular MinutesMarch 3, 1975 TUKWILA CITY COUNCIL 7:00 P.M. REGULAR MEETING FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL M I N U T E S /1/ Tukwila City Hall Council Chambers Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 17, 1975 BE APPROVED AS PUBLISHED. CARRIED, WITH HARRIS VOTING NO. Councilman Traynor read a letter from the Mayor regard- ing payment to the court reporter for transcripts of arbitration committee discussion and discussion of grievances during Council meetings. He stated he was in complete agreement of the court reporter being pres- ent during the arbitration committee sessions, but it was her presence at the Council meetings that he ques- tioned. He stated he did agree that an accurate record should be kept during the Council meeting, but that it could have been kept by the City Clerk and her staff. Mayor Todd stated that by having the Clerk or Deputy Clerk keep the record may have constituted some degree of conflict of interest since the City Clerk and Deputy City Clerk were parties to the grievance. He stated Resolution #365 calls for accurate records to be kept and the best way to do this to his knowledge was with the court reporter. Councilman Traynor stated under that consideration he would agree since the parties of the grievance are also members of the record keeping department. Councilman Sterling stated he was in favor of the court reporter'spresence at the arbitration committee meetings, but the Council did point out that the minutes of the Council meetings did not have to be done by the court reporter and that the City Council is not liable for the expense. It is an added expense to the City. Mayor Todd pointed out that Council minutes including ver batim transcript of the court reporter had received formal approval from the Council. In the future then the Council will not receive copies of the transcripts if they do not intend to pay for them. Mayor Todd stated he authorized the court report- er to be present at the Council meetings with the under- standing that it would be for the protection of the Council as well as others involved. Councilwoman Harris stated she interpreted the need for documented records by a court reporter as set forth in Resolution #365 as it applies to the arbitration committee only. Further discussion followed and Mayor Todd read Section 6.d. of Resolution No. 365, setting forth theneeds for accurate, documented proceedings. MOVED BY HARRIS, SECONDED BY DAVIS, THAT VOUCHER NO. 5092 IN THE AMOUNT OF $81.00 FOR TRANSCRIPT DATED FEBRUARY 3, 1975 BE DENIED. CARRIED, WITH TRAYNOR VOTING NO. MOVED BY HARRIS, SECONDED BY DAVIS, THAT VOUCHER NO. 5091 IN THE AMOUNT OF $104.50 FOR TRANSCRIPT DATED FEBRUARY 10, 1975 BE DENIED. CARRIED, WITH TRAYNOR VOTING NO. MOVED BY JOHANSON, SECONDED BY TRAYNOR, THAT WITH THE EXCEPTION OF VOUCHERS No. 5091 AND 5092, THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilman Sterling asked if there was also a question on Voucher No. 5095 to Dick Anderson. Mayor Todd explained the Voucher covered the renewal premium for false arrest insurance for the Police Department. Councilman Sterling stated there will be a bid call coming up in the next month or so for insurance and asked why this policy was renewed at this time. Mayor Todd stated the Council had been furnished with a list by the City Clerk of all contracts and items to re -bid in January. If they desired to call for bids, he ex- pected the Council would have provided administration with some direction to go to bid on this policy. TUKWILA CITY COUNCIL MEETING March 3, 1975 Page 2 VOUCHER APPROVAL Cont. /MS' Mayor Todd stated he was informed this policy would soon be lapsing and since he had received nothing from the Council or their committee on the insurance yet, he had the policy renewed. In addition, just three days after the renewal notice was sent, the City re- ceived a $50,000 claim citing false arrest. Councilman Saul referred to his listing of contracts, etc. and stated all other policies are due at the same time with the only exception of the false arrest policy. Councilwoman Harris stated the Council has never seen a 30 -day advance notice from the insurance carrier on any of these policies. She felt the administration should notify the City Council in a timely fashion of any policies which are coming due. A request was made to research the insurance file. RECESS MOVED BY HARRIS, SECONDED BY JOHANSON, TO RECESS THE 7:35 P.M. 7:43 P.M. MEETING. CARRIED. Mayor Todd called the Tukwila City Council meeting back to order with all Council Members present as previously listed. BID OPENINGS, AWARDS AND CALLS Councilman Sterling asked if it would be legal to obtain a rider for this type of policy until the time all the other policies are due. Mayor Todd replied it would probably not be possible at this time since we do have the $50,000 false arrest suit pending. Councilman Johanson stated the Council has had no assistance from administration or staff. We intended to establish a bid approach to the insurance and everyone was aware of that. It was discussed last year and also as one of our 1975 goals. Mayor Todd stated he was ready to do anything the City Council wishes to do, but he had received no direction from the Council on this at all. Councilman Johanson replied he wished to reaffirm the knowledge that the Council intended to set a policy to go to bid for insurance this year. Mayor Todd then requested the City Council to submit a letter to him through the Council President with some direction for administration. How should the call for bids be drafted, for instance? Councilman Traynor stated ob- viously the City requires this false arrest insurance and he felt there has been a communications gap here. Councilwoman Harris asked about a 30 -day grace period on this particular policy. Attorney Parker replied the policy period is February 15, 1975 through February 15, 1976. There is no such thing as a "grace period the company allows 30 days to receive payment before cancellation. *ROLL CALL VOTE: 5 AYES GARDNER, STERLING, TRAYNOR, SAUL, JOHANSON; 2 NOS DAVIS, HARRIS. CARRIED. Vouchers No. 5093 5150 Current Fund #5093 #5133 9,281.47 Emer. Empl. #5134 7.55 Street Fund #5135 #5140 2,088.27 Water Fund #5141 #5143 5,576.49 Sewer Fund #5144 #5150 383.97 Total $17,337.75 LID #20 Cash 19 $200,732.08 Rev. 14 200,732.08 LID #24 Cash 11 $1,200.00 Rev. 8 1,200.00 LID #25 Cash 14 15 $2,805.88 Rev. 11 12 2,805.88 Call for bids: Mayor Todd stated he instructed the City Clerk to Publication of legais submit this on tonight's agenda for Council considera- tion as this will be due this month. MOVED BY TRAYNOR, TUKWILA CITY COUNCIL MEETING March 3, 1975 Page 3 CALL FOR BIDS Cont. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Employee grievance Verna Aal, Fire Department Claim for damages Richard Brian Kaye OLD BUSINESS Steve Hall Letter re: Corridor study Tukwila /Renton Notice of Hearing MOVED BY TRAYNOR, SECONDED BY DAVIS, TO PUBLISH NOTICE Final Assessment Roll OF HEARING OF FINAL ASSESSMENT ROLL FOR LID #21 ON for LID #21 APRIL 7, 1975 AT 7:00 P.M. AT TUKWILA CITY HALL, COUNCIL CHAMBERS. CARRIED. NEW BUSINESS Planning Director's request approval of contractual agreement for Professional Services Approval of easement re: LID #24 SECONDED BY STERLING, TO CALL FOR BIDS ON THE CITY'S PUBLICATIONS OF LEGAL DOCUMENTS. CARRIED, WITH HARRIS VOTING NO. Council President Traynor read Mayor Todd's letter dated February 21, 1975 enclosing a charge of discrimi- nation by Mrs. Aal along with a letter from Hubert H. Crawley, Fire Chief and Department Head. He stated his recommendation would be to upgrade and reclassify her position with a salary commensurate with other compara- ble salaries for that position. Mayor Todd is Equal Opportunity Officer for the City of Tukwila. Council- man Traynor then read a cover memo from Chief Crawley stating he found no way to solve this problem in his position. Mayor Todd stated he was at this time re- questing consideration by the City Council in an attempt to resolve it before it goes to formal arbitration committee. He stated he would not comment on the fact whether there has been discrimination or not with this case and asked for a recommendation from the Council. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE GRIEV- ANCE OF VERNA AAL BE HANDLED IN THE SAME MANNER AS THE PREVIOUS GRIEVANCES WERE HANDLED.* Councilman Traynor stated the Council does not wish to deviate from the budget as adopted by ordinance (Ord. #911). *CARRIED. Mayor Todd stated then this will be forward- ed through the provisions of Resolution #365 and #364. MOVED BY TRAYNOR, SECONDED BY STERLING, TO AMEND THE AGENDA TO INCLUDE ITEM 6.b., CLAIM FOR DAMAGES. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, TO REFER THE CLAIM FOR DAMAGES SUBMITTED BY RICHARD BRIAN KAYE TO THE CITY'S INSURANCE CARRIER. CARRIED. Councilman Gardner, Public Works Committee chairman, read a letter from Steve Hall dated January 29, 1975 recommending participation by the City of Tukwila in this study as it involved property of the City in the Strander Blvd. corridor. He suggested the amount of participation not exceed the $1,000 as proposed. He stated the funds would come from the Public Works Dept. budget. MOVED BY GARDNER, SECONDED BY SAUL, TO JOIN IN THE CORRIDOR STUDY FOR THE AMOUNT OF $1,000 FOR THE STRANDER BLVD. CORRIDOR PORTION. CARRIED, WITH HARRIS VOTING NO. Councilman Johanson asked if the City Attorney had drafted the agreement. Kjell Stoknes, Planning Direc- tor, stated he and the Planning staff had drafted it. Attorney Parker stated he has seen it and approves it. Kjell Stoknes stated the Planning Dept. has $6,000 in its Professional Services budget for work on the Com- prehensive Plan, which would be the project of the draftsman to be hired. MOVED BY HARRIS, SECONDED BY STERLING, THAT THIS ITEM BE PLACED IN THE COMMUNITY AFFAIRS COMMITTEE. CARRIED Councilman Gardner read a letter from Steve Hall, Public Works Director, dated February 26, 1975 regarding pur- chase of an easement from City Light in order to TUKWILA CITY COUNCIL MEETING March 3, 1975 Page 4 NEW BUSINESS Cont. LID #24 easement Cont. Discussion: Extension of Val Vue Service area in McMicken Heights Discussion: City Attorney's fees re: LIDs Discussion: Sale of bonds for LID #19 and #20 /•7 install the LID utilities. MOVED BY GARDNER, SECONDED BY STERLING, TO APPROVE THE PURCHASE OF AN EASEMENT FROM SEATTLE CITY LIGHT IN THE AMOUNT OF $1,200 FOR LID #24. CARRIED, WITH HARRIS VOTING NO. Steve Hall, Public Works Director, described a small area in the City in the McMicken Heights area that has been difficult for the City to serve and recommend- ed the area be turned to Val Vue Sewer District for utilities service. He stated the Council would have a formal document to consider at the next regular meeting. Councilman Sterling asked if our present agreement with Metro would interfer with this. Attorn- ey Parker stated he would check into the agreement. Councilman Gardner asked about the $29,000 hookup fee to Metro due if we connect to their line. Steve Hall replied he had discussed this with Mr. Mallory and it seems if Val Vue hooks up, they would not have to pay that fee only if the City hooked up. There is no way it can be pro -rated either. Councilman Saul stated he has no objection to this and has heard no comments from his neighbors in the McMicken Heights area. Councilman Traynor stated the percentage paid to the City Attorney from each completed LID was discussed last year and we are bringing up for discussion again. At the last Committee of the Whole meeting, we dis- cussed the possibility of paying the City Attorney on an hourly basis rather than the percentage. Council- woman Harris noted that most of the City's LIDS are fairly expensive and 3% of the total represents a rather large sum. The Council questions whether this high income is really in the best interests of those in the LID and of the City. It may represent too much pay for the number of hours of work performed on most of the LIDs. It would be more consistent to assign a rate. If there is an excess expense, such as in the case of a law suit, there is the contingency fund in the LID to cover those costs. Ordinances #559 and #605 were referred to. Discussion followed regarding the previous City Attorney's claims against the 3% compensation. Attorney Parker stated Mr. Hodge had drawn on the 3% out of LID #17 and had stated that he had been losing money for work on LIDs under the previous system of compensation. Mrs. Eleanor McLester stated she recalled that particular LID had been completed in court by our present City Attorney. Attorney Parker stated the LID had been completed be- fore the litigation was completed. Mrs. McLester stated the present City Attorney had lost the litiga- tion on LID #17. Mayor Todd explained that the engin- eering fees for that LID were in excess by about 30% and the court had found the City of Tukwila had allowed too much in fees. The City was notified and chose to pay the judgment out of the Sewer Fund rather than pursue it any further. Attorney Parker added that no resolution had ever been passed to bind the agree- ment on the part of the City fixing the fees in any amount. That is why we always present these profess- ional services agreements to the Council now. Coun- cilman Sterling stated the previous City Attorney was responsible for setting the 3% fee on the LIDs, but he was sure Mr. Hodge had never charged the 3 City Treasurer Mae Harris agreed he had not. Mr. Ron McLaughlin, Foster E Marshall, provided perma- nent financing proposals to the City Council for LID #19 and LID #20, which have been financed to this point by temporary measures for the last few years. TUKWILA CITY COUNCIL MEETING March 3, 1975 Page 5 NEW BUSINESS Cont. LID #19 and #20 bonds Cont. Council's appointed attorney re: City Attorney STANDING COMMITTEE REPORTS Bicentennial Committee progress report Professional Counseling Service Community Affairs report Golf Course He stated the remaining balance of both LIDS will now be permanently financed. Mr. McLaughlin then explained briefly the background of each LID financially, and read the proposal from Foster Marshall at an interest rate of 7.80% for the balance of $207,577.03 for the period March 1, 1975 to March 1, 1987. He stated the bonds could be retired before the end of that period. The current rate for municipal bonds was discussed. City Treasurer Mae Harris stated this would seem to be the best rate and the best time to go with the financing. She recommended the Council accept Mr. McLaughlin's proposal. MOVED BY JOHANSON, SECONDED BY DAVIS, TO APPROVE THE SALE OF BONDS TO FOSTER MARSHALL AT THE RATE OF 7.80% FOR LID #19 AND LID #20.* Councilwoman Harris asked if this was proper authoriza- tion, by Motion. Attorney Parker replied yes, that the authorization was already created by the ordinance creating the LIDs. This is exercising that authority. City Treasurer Mae Harris stated it will take another ordinance to confirm the sale of bonds later. *CARRIED. MOVED BY DAVIS, SECONDED BY TRAYNOR, TO AMEND THE AGENDA TO INCLUDE ITEM 8. f. CARRIED. MOVED BY DAVIS, SECONDED BY JOHANSON, THAT THE LAW FIRM OF LeSOURD, PATTEN, FLEMING HARTUNG BE RETAINED BY THE CITY COUNCIL TO PROVIDE THE COUNCIL WITH LEGAL ASSISTANCE AND ADVICE IN CONNECTION WITH QUESTIONS CONCERNING CITY AFFAIRS WHICH THE CURRENT CITY ATTORNEY HAS FAILED OR REFUSED TO THE CITY COUNCIL OR, CONCERNING WITH THE CITY ATTORNEY, HAS FAILED TO PROVIDE THE COUNCIL WITH ADEQUATE LEGAL REPRESENTATION, INCLUDING SUCH LEGAL ASSISTANCE AND ADVICE AS HAS ALREADY BEEN RENDERED TO THE COUNCIL BY THAT LAW FIRM.* Councilman Gardner noted a word or two had been left out of the Motion. Councilwoman Davis restated the Motion as follows: THAT THE LAW FIRM OF LeSOURD, PATTEN, FLEMING HARTUNG BE RETAINED BY THE CITY COUNCIL TO PROVIDE THE COUNCIL WITH LEGAL ASSISTANCE AND ADVICE IN CON- NECTION WITH QUESTIONS CONCERNING CITY AFFAIRS WHICH THE CURRENT CITY ATTORNEY HAS FAILED OR REFUSED TO ANSWER TO THE CITY COUNCIL OR CONCERNING WHICH THE CITY ATTORNEY HAS FAILED TO PROVIDE THE COUNCIL WITH ADEQUATE LEGAL REPRESENTATION INCLUDING SUCH LEGAL ASSISTANCE AND ADVICE AS HAS ALREADY BEEN RENDERED TO THE COUNCIL BY THAT LAW FIRM. *CARRIED. Councilman Saul stated the Committee will be meeting with the A.C.C. regarding funding proposals and will report to the City Council at the next meeting. MOVED BY DAVIS, SECONDED BY TRAYNOR, THAT THE ITEM OF BUSINESS PROFESSIONAL COUNSELING SERVT''ES uP JAMES McLERNAN BE PLACED INTO THE PUBLIC SAFETY COMMITTEE FROM THE COMMUNITY AFFAIRS COMMITTEE. CARRIED. MOVED BY HARRIS, SECONDED BY SAUL, TO AMEND THE AGENDA TO INCLUDE A REPORT OUT OF COMMITTEE REGARDING THE FOSTER GOLF COURSE. CARRIED. Councilwoman Harris reviewed the Minutes of the February 19 Committee meeting and stated she would like to gather more infor- mation before this goes to the voters via the ballot. She stated she would report to the Council with com- plete information soon. A copy of these Community Affairs minutes is on file in the City Clerk's office. TUKWILA CITY COUNCIL MEETING March 3, 1975 Page 6 SECOND READING OF ORDINANCE Proposed ordinance MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED LID #27 ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance ordering the improvement of a part of the City by constructing and installing a system of storm sewer lines all in accordance with Resolution No. 471 of the City Council of the City of Tukwila, Wash- ington; establishing Local Improvement District No. 27; providing that payment for said improvements be made by special assessments upon properties in said District especially benefitted thereby, payable by the mode of "Payment by Bonds;" and providing for the issuance and sale of local improvement district warrants redeemable in cash and local improvement district bonds. Location of the lift station was discussed; Steve Hall, Public Works Director, stated it would most likely be placed in an existing easement at the discretion of the engin- eers. He stated in regard to amending the area by elevation that it would require a field survey to lo- cate and determine the contours which would be very expensive. Mr. Frank Kriedler asked if consideration had been given to changes in the land from its original state. Mr. Ray Flink stated he wondered if the engin- eer knew that there has never been a flood on the hillside. He asked why he was being involved in the development of someone else's property down below. Mayor Todd suggested that the R -1 and agricultural zoning be allowed under a late comers agreement in the LID, paying their fair share when and if their property is ever developed. This would be on the order of a 15 year developers' agreement, and it would accomplish what we are trying to do. Councilman Gardner stated the City has no assurance that that land would remain residential or agricultural. Councilwoman Harris stated a few of the letters of protest received cited difficulty in paying the assessment because of fixed Social Security incomes. She stated there are some new funds available through the Federal government to assist certain hardship cases regarding public works projects. She asked if this could be further research- ed. MOVED BY TRAYNOR, SECONDED BY SAUL, TO DELETE R -1 AND R -A ZONING FROM PROPOSED LID #27.* MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE MOTION TO INCLUDE A LATE COMERS AGREEMENT TO BE STIPULATED IN THE EVENT OF A REZONE OF R -A AND R -1 PROPERTIES. Discussion continued regarding run -off water from the hill and the use of the pumping facilities. Mrs. Eleanor McLester stated that when the LID was put to- gether, the participants agreed to the cost per acre. If the R -1 and R -A properties are removed, it would increase the cost per acre by about 12 1/2% to those remaining. Would they have a chance to reconsider the construction of the LID at this higher figure? Steve Hall replied the total of $300,000 was agreed upon. If this ordinance is adopted, there is another 30 days to protest in any event. Discussion continued regard- ing the proper method of funding that portion of assess- ments deleted from the LID at this time. When the property under R -1 and R -A zoning if developed, the assessment could be considered revenue to the City if the City wishes to pay their portion now or the funds can be reimbursed to the LID. Steve Hall pointed out there are no specific ground rules for storm drainage LIDs on this. Attorney Parker stated he assumed it would be handled in the way the sanitary sewer systems are operating. Mayor Todd asked if the City could loan the money to the LID to make up the cost of delet- ing R -1 and R -A. Attorney Parker replied yes. Steve Hall stated there is some property there that would never become commercial and the City would be putting money into the LID it would never recover. He felt TUKWILA CITY COUNCIL MEETING March 3, 1975 Page 7 SECOND READING OF ORDINANCE Cont. LID #27 Cont. RECESS MOVED BY DAVIS, SECONDED BY TRAYNOR, THAT THE MEETING 9:40 P.M. 9:50 P.M. RECESS. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as recorded. FIRST READING OF ORDINANCES Proposed ordinance Towing service dispatch offices storage lots INff that some of the property that is not commercial but that is in the flood plain should be paying their fair share since they would be benefitting quite a bit. Mr. Mikami stated he did not agree. Mr. Matt Mikami asked to know how they benefitted from the previous LID for drainage. He stated he did not receive any benefit from that. Mr. Mikami stated they were told they would have drainage from LID #13 but the drainage pipe on that is two feet above the drainage ditch. He cannot farm his land. Mrs. Ruth Schoenbachler stated she knew the Mikami's have had chances to sell their property and she knows that they plan to stay there until they die they have no intentions of ever developing their farm land. Mr. Mikami suggested something be done about the drainage facility near the Penneys warehouse. Councilman Traynor stated that facility has been a problem, that he did not know whether this should be included until the property is developed in the future. Mr. Matt Mikami stated that facility will not work until the property is developed. Attorney Parker suggested the assessments on the R -1 and R -A zoning be deferred until the property is re- zoned. Councilman Sterling pointed out the Council would have to address itself to some funds or accounts. Steve Hall suggested an ordinance be prepared for the next meeting to set up a storm drainage fund. This item will be discussed at the March 10 Committee of the Whole meeting. *CARRIED, WITH HARRIS AND JOHANSON VOTING NO. Mayor Todd stated he and Police Chief John Sheets had discussed licensing of the tow truck companies in the City and have prepared an amendment to the Tukwila Municipal Code for the Council's approval. MOVED BY STERLING, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordin- ance amending Section 5.44.190 of the Tukwila Munici- pal Code regarding towing service dispatch offices and storage lots. Councilman Sterling stated the law required we impound within the City of Tukwila and the storage lot will be located within the City limits. How do we operate now? Mr. Richard Barene, Big B's Towing, stated this proposed revision would allow any business who could respond within 30 minutes to tow for the City if they were licensed by the City. You could have 10 companies operating in here. He stated he felt this was discrimination against the local business establishments. He felt the business should maintain a dispatch office within the City. There is no reason for this change in the law except to allow favoritism to other companies outside the City limits. Mayor Todd stated as it now stands, we are unable to license these businesses without a variance being approved and with this revision, we are trying to en- able everyone to be legal. The Planning Department will not issue approval for licenses for either Dick's Towing or Big B's because they do not comply with the zoning requirements. Chief Sheets waived the require- ments in order that all three companies could operate. The only solution is to correct the present situation within the Tukwila Code. We have two companies within the City and one company that is nearby. Mr. Melvin Dickey, Dick's Towing, stated he has written and received many letters on this business. He would be very willing to comply. The Chief has sold us out to TUKWILA CITY COUNCIL MEETING March 3, 1975 Page 8 FIRST READING OF ORDINANCES Cont. Proposed ordinance tow trucks Cont. Ha/ play favorites with someone outside the City. Council- woman Harris asked why each truck has to be licensed separately; it seems one business license for each business would be enough. She asked how the Police Chief was given the authority to waive the require- ments for these tow truck businesses. His authority is limited to recommendations and she stated she did not know of that authority being specifically granted by ordinance allowing him to waive or deny business licenses. Chief Sheets explained he waived these requirements in order to have someone able to respond to the scene of accidents. There is a problem here that obviously needs straightening out. He stated Mr. Dickey's comments come totally without merit and he objected to them. Discussion continued regarding the existing laws and Chief Sheets explained the current situation regarding the three recognized towing businesses. Councilman Sterling stated he did not see why we should have to amend the law. If the tow trucks want to operate in the City, they should set up according to the Municipal Code. If they are set up according to that, we should not have to go outside the City for business. Chief Sheets asked the Council if they could operate with these three companies until the time they comply. They have not been issued licenses and we need to have tow trucks available to the Police Department. Mayor Todd stated in January he ordered no business licenses issued until this matter was resolved. Mr. Dickey stated the towing businesses are really asking that everyone be treated the same; he asked that everyone be asked to comply as well. Mr. Barene stated he could see no reason for changing the law requiring the dispatch office to be inside the City. He was under the impression that he did not meet the ordi- nance but he has had no correspondence on it at all. Mr. Rick Carter, Big B's, stated he was under the impression that they were not legal also. If this law is changed, every company in the City of Seattle could be on the rotation list. He felt this was dis- crimination against the local businessmen. He stated he was sure the companies would bring their lots up to the requirements. Mr. Dickey stated he knew the Chief was aware that his tow trucks have been on the scene within 10 minutes and the requirement is 30 minutes. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT THE PRO- POSED ORDINANCE BE REFERRED TO THE PUBLIC SAFE'LY COMMITTEE. CARRIED. Chief Sheets requested further clarification on who should be on the call list at this time. Councilwoman Harris asked if the requirements of the tow truck ordinance was compatible with the requirements of zoning ordinances in which these lots are located. If there is a conflict between zoning and tow truck ordinances and the business is licensed under the tow truck ordinance and the business meets the require- ments of the tow truck ordinance then they should be issued a tow truck license. If Regan's Towing does not move inside the City of Tukwila, it should not be allowed to have a City business license. Discussion continued. Steve Hall stated the business still has to meet the requirements of the zoning law in order to be granted a license to operate. He stated Big B's and Dick's Towing could comply, and they would have to because we cannot grant a variance. Mayor Todd stated these companies should be instructed to meet the requirements of the zoning code within 20 TUKWILA CITY COUNCIL MEETING March 3, 1975 Page 9 FIRST READING OF ORDINANCES Cont. Proposed ordinance days. If they do not comply within that time, they tow trucks Cont. would be cited with a violation of the City's business license code. Attorney Parker was instructed to do so Proposed ordinance Transfer of funds to cover cost of increased costs of Group Health Ins. medical benefits RESOLUTIONS Proposed resolution Authorizing execution of agreement for Public Defender Services Proposed resolution Annexation Duwamish/ Allentown area (Second reading) //a MOVED BY TRAYNOR, SECONDED BY STERLING, TO AMEND THE AGENDA TO INCLUDE ITEM 11.b. CARRIED, WITH HARRIS VOTING NO. Councilman Traynor stated the cost of the group health insurance for employees under the Group Health Insurance policy has increased and this ordinance would provide the extra funds to cover this higher rate. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED, WITH DAVIS VOTING NO. Attorney Parker read proposed ordinance transferring funds from the Contingency Fund to the Current Fund, Emergency Employment Fund, and the City Street, Water and Sewer Funds to cover rate increase for Group Health medical coverage for employees and dependents, effective April 1, 1975. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution authorizing execution of an agree- ment with the City of Bellevue, the City of Bothell, the City of Kirkland, the City of Redmond, the City of Renton, the City of Issaquah and the City of Kent, to apply for grant funds with which to provide Public Defender Services. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE PROPOSED RESOLUTION BE PLACED IN THE PUBLIC SAFETY COMMITTEE. Chief John Sheets stated that Resolution #447 is a further extension of this agreement which would allow the City to use the monies from the grants provided by Resolution #447. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION FAILED WITH GARDNER, HARRIS, DAVIS AND JOHANSON VOTING NO. Mr. Rudolph Regel asked what reasons were there for voting "no He stated there is no reason this annexation should not take place. The area that is left is not any detriment to the City and it would blend into the City. Those people there might not get what they want right away but they could keep what they have. There is some industrial area and some population. He stated he thought it was a shame that they are not invited to come into the City. Applause from the audience followed. Mr. Regel re- peated he would like an answer to his question. Mayor Todd requested comments from the Council. Councilman Johanson stated his viewpoint was expressed at the time the annexation proposition first appeared before the Council. Mayor Todd commented he felt a taxpayer had asked a fair question of the Council. Councilman Gardner stated the City's obligations are far from finished here on the hill. Taking on this area that needs help against further industrialization he stated he felt it would all become industrialized eventually. The residents would like to keep it residential and we will be spending more money on the residential improvements. The value of that property will not be realized until it is sold for development. Mr. Burton Lutes stated the City would not spend the money for their water and sewer, the people there would pay for it. He stated the City never paid for his water or sewer. The people down there want to retain what they have and they are asking the City Council to help them do that. That is why they wanted to come in the City of Tukwila in the first place. It is the best place for residential purposes. It is level, it TUKWILA CITY COUNCIL MEETING March 3, 1975 Page 10 RESOLUTIONS Cont. Proposed resolution Annexation Cont. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS LID #25 engineering costs has good soil for gardening, it is close to the schools and shopping centers. He stated he thought the City should annex it. Councilwoman Harris stated the petition from the entire area was first presented to the Council in July, 1974. There is quite a bit of existing industrial zoning in that area. The City's zoning code does not allow industrial zoning right up against residential zoning. We cannot tell the industrial people they will be R -1 when they are already industrial; they would be entitled to some king od grandfather provision. She stated the City would be subject to challenge on its R -1 zoning right away. She stated the boundary lines are not the same as they were last July and we are not certain it is a legal area for annexation. There has been no financial evaluation of the impact of the area to the City of Tukwila furnished to the City Council. There has been no environmental assessment drawn up. We can consider this again in a year on different terms. Then we would have a chance to do the whole job right from the start to the finish. Councilman Saul stated no one that signed the petitions or the members of the City Council thought this was going to be easy. It was actually a hard thing to decide for all of us. The people in the area wanted more representation. Our present staff could have taken care of their pro- blems. We could have at least given them the chance to vote on this. Mrs. Eleanor McLester stated if we had taken in that area, we would have further di- luted our tax base. She stated she felt like an orphan up in the McMicken Heights area. We should be upgrading within our present boundaries before we start expanding. Councilman Traynor stated he knew of a little town in King County by the name of Bellevue and it would still be a little town if it waited to see what the cost analysis would be for each annexation was completed. It is obvious now that we cannot help them. Councilman Johanson stated the "yes" votes here tonight have represented the Duwamish area, but he did not think that we were elected to represent them. You were elected to rep- resent the City of Tukwila. He stated he just did not think this is in the best interests of the people in the City at this time. Councilman Traynor stated he had heard that comment several times and would like to reply to it. This City has to grow if it is to maintain being a City at all. He stated if he is not protecting the City be keeping it a city, then perhaps Councilman Johanson is right that he was not then representing the City of Tukwila. Councilman Traynor stated he would feel more secure for the City by having more area that is residential to stop the intrusion of industrial area into the residential areas. Mrs. Eleanor McLester asked where are all of these residents of the Duwamish area tonight. Mayor Todd recognized a lady in the audience, a resident of the Duwamish area. Unidentified, the lady stated many people in her area were not in favor of the annex- ation. The presentation at the Boundary Review Board hearing was very biased and unfair. Mrs. McLester applauded. Mrs. Phyllis Pesicka stated she heard comments made to the effect that the people in the Duwamish Allentown area only wanted to protect their residential area at that Boundary Review Board hearing. Steve Hall, Public Works Director, explained that the engineering costs are locked at a certain figure. We now find we need the services of a professional inspector on a contractual basis for the limit of the project only. All costs would be applied to the LID. TUKWILA CITY COUNCIL MEETING March 3, 1975 Page 11 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. LID #25 discussion Cont. Job description Council Recording Secretary Public Safety Committee meetings Green River Flood Control meeting Suburban Mayors' Association meeting ADJOURNMENT 11:02 P.M. Attest: //t/ $110 to $120 per day would be the cost for this. It would be saving money in the long run to do this. The discussion was deferred to the next Committee of the Whole meeting. Councilwoman Davis stated she would like to have this item discussed at the next Committee of the Whole meeting. Councilwoman Davis stated the committee will meet on March 4 at 7:30 P.M. in the Andover Park Fire Station to discuss the proposed site for the Police Depart- ment in Andover Park. There will also be a meeting of the committee on March 11 at 7:30 P.M. in the Andover Park Fire Station. Bicentennial Committee Councilman Saul announced the meeting of the Bicen- meeting tennial Committee on March 6 at 7:30 P.M. at the Fire Station to discuss the bazaar scheduled for April. Councilman Saul announced a meeting of the Green River Flood Control agency to be held at Kent City Hall on March 6 at 7:30 P.M. Councilman Saul announced a meeting of the Suburban Mayors' Association at the Crabapple Restaurant in Bellevue on March 5 with cocktails at 7:00 P.M. and dinner at 8:00 P.M. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE CITY COUNCIL MEETING ADJOURN. CARRIED. Frank Todd, Mayor Sh'iee A. Kinney, /City Clerk