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HomeMy WebLinkAbout1975-04-21 Regular MinutesTUKWILA CITY COUNCIL April 21, 1975 REGULAR MEETING 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL M I N U T E S 7(0 Tukwila City Hall Council Chambers Council President Traynor led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON. MOVED BY STERLING, SECONDED BY JOHANSON, THAT THE MINUTES OF THE REGULAR MEETING OF APRIL 7, 1975 BE APPROVED AS PUBLISHED. CARRIED, WITH DAVIS VOTING NO. MOVED BY JOHANSON, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilwoman Harris stated she had a question concern- ing #5501 for the City Attorney which represents the balance continued from the last regular meeting. On March 12, there is a charge listed in the Tukwila vs. Todd case for a telephone call to the Human Rights Affairs office in the amount of $54.00; it would be helpful to know how that relates to the law suit and what was the product of that call. Attorney Parker stated it related to an Executive Order issued by President Johnson in regard to the 1974 Civil Rights Act and another Executive Order issued by President Nixon. These references led me to the King County Library for further research which was included in my brief. Total time spent was about 5 or 10 minutes on the telephone and about 1 1/2 hours in the Library. Councilwoman Harris stated there are two other charges made by Cash Warrant No. 32 in the amount of $7,698.34 which is for 3% of the total construction costs of LID #22 and by Cash Warrant No. 20 in the amount of $3,299.13 which is 3% of the total construction costs of LID #21. We have some portions of one of the LIDs accepted but they are not finally completed. We have the final assessment roll ordinance on the Agenda tonight for LID #21. Since these LIDs are still open, she questioned whether the Council should act prematurely to pay the legal fees for them at this time. MOVED BY HARRIS, SECONDED BY DAVIS, TO AMEND THE MOTION THAT C -32 AND C -20 BE CONTINUED TO THE NEXT REGULAR COUNCIL MEETING. CARRIED, WITH SAUL VOTING NO. City Clerk Shirlee Kinney stated the accompanying Revenue Warrant must also be adjusted now that the Council has taken its action on the Cash Warrants. Cash Warrant No. 32 is covered by Revenue Warrant No. 26 and Cash Warrant No. 20 is covered by a portion of Revenue Warrant No. 13. MOVED BY HARRIS, SECONDED BY SAUL, TO AMEND THE MOTION TO CONTINUE TO THE NEXT REGULAR COUNCIL MEETING R -26 AND TO ADJUST R -13 BY THE AMOUNT OF $3,299.13. CARRIED. Councilwoman Davis stated she questioned Voucher #5543 for Dick Anderson for payment of insurance for one year. She stated perhaps this could be adjusted to a period of less than one year so that the Council could have a bid prepared and avoid any cancellation penalties if necessary. MOVED BY DAVIS, SECONDED BY HARRIS, TO AMEND THE MOTION TO DELETE VOUCHER #5543 FOR FURTHER INVESTIGATION BY THE FINANCE COMMITTEE. Councilman Traynor stated Mr. Anderson's cover letter states there were three quotes received and this bill represents the lowest company quote. Councilwoman Harris stated we must bear in mind that this is from one broker who is representing these three companies. Councilman Johanson stated he was concerned about putting this matter into committee. The expiration TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 2 VOUCHER APPROVAL Cont. Eleanor McLester BID OPENINGS, AWARDS AND CALLS Publication of legal notices period is now in effect; we would run out of the grace period if we delayed this to the next meeting. Steve Hall, Public Works Director, stated we went through this last year when the policies were due and lost one entire morning wondering if the men and ve- hicles were covered. Now we are in the grace period and he wanted to know where we stand. Councilman Saul stated he felt the Finance Committee would be ready in a few months to go to bid and that it would be safer to pay the bill at this time. Mrs. McLester stated she thought the Council had given a directive to Administration to prepare to go to bid on the insurance this year on the City's insurance. She wondered when any of these directives were going to be followed by the Administration because this goes on endlessly. Now we are in the cancellation period again and we are right back where we were before, and no directive has been followed. What can we do? Councilman Traynor stated he could not answer the question. The Council committee will be working on this matter to go for bid proposals, but obviously they are not ready yet either. *MOTION FAILED UNANIMOUSLY. *ORIGINAL MOTION CARRIED AS AMENDED. Vouchers #5440 Current Fund #5440 #5538 Emer. Empl. #5539 #5540 Street Fund #5541 #5556 Fire Ftg. Equip. #5557 Fed. Rev. Shg. #5558 Fire Stn. Const. #5559 Water Fund #5560 #5571 Sewer Fund #5572 #5579 LID #19 C -50, 51, 52 $959.32 R -35 959.32 LID #20 C- 21,22,23,24 $24,846.54 R -16 24,846.54 LID #21 C -18, 19, 21 $257.48 R -13 257.48 LID #24 C -14, 15 $2,355.32 R -10 2,355.32 The Highline Times 8 pt. type Valley Publishing 8 pt. type Tukwila News Register Total #5579 $51,437.95 50.77 8,954.53 1,661.64 8,475.76 1,732.81 4,800.17 588.33 $77,701.96 /177 Councilwoman Harris stated she would like to introduce discussion regarding payment of the Council attorney's fees. Council President Traynor stated he preferred to delay the discussion until the Agenda has been disposed of. Council President Traynor opened sealed bids for legal publications as follows: $1.95 per col. inch 1.75 add'l pub. 6 pt. type $2.25 per col. inch 1.90 add'1 pub. $1.96 per col. inch 1.08 add'l pub. 6 pt. type $2.40 per col. inch 1.50 add'l pub. 8 pt. type $1.70 per col. inch 1.55 add'l pub. 6 pt. type $1.86 per col. inch 1.70 add'l pub. TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 3 BID OPENINGS, AWARDS AND CALLS Cont. Legal publications Cont. Call for bids Park playground equipment APPOINTMENTS Park Commission PUBLIC HEARING Rezone from R -3 to RMH (Frank Todd) OLD BUSINESS Mayor's request to hire 3 CETA Park personnel /7ef Councilwoman Harris stated the newspapers bidding must meet the legal requirements which include publishing at least once weekly in the English language for 6 months prior to receiving court approval as a legal publisher. On March 4, 1975 the Tukwila News Register was certified as a legal newspaper, however, she stated she had not seen any publications of the news- paper for the last 5 or 6 weeks. She stated she was concerned if the Tukwila News Register is a qualified bidder. She stated she recognized that the only way to strike the court authority designating it as a legal newspaper would be for a person to bring to the court's attention that it no longer meets the criter- ia; you must submit the proper paperwork and the pub- lication is given due process and a hearing is held to determine if the facts substantiate whether or not the newspaper continues as a legal publication. Councilwoman Harris stated she does not feel that this particular publication is a legally qualified legal publication any longer; it has not published in several weeks. She stated she has submitted this information to the Council for its consideration of the bids. MOVED BY JOHANSON, SECONDED BY DAVIS, THAT THE BIDS BE REFERRED IO TRE CON UNITY A1FAIRS AND LEGISLATIVE COMMITTEE FOR FURTHER EVALUATION. CARRIED. City Clerk Shirlee Kinney read the call for bids notice to be received in the office of the City Clerk up to the hour of 5:00 P.M. on May 5, 1975 to be opened and read aloud at 7:30 P.M. on May 5, 1975 for Park play equipment. Plans and specifications may be obtained from the office of the Public Works Director. Council President Traynor read Mayor Todd's letter of April 8, 1975 requesting Council ratification of a re- appointment of Mr. Bill Moore to position No. 3 of the Park Commission. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT THE CITY COUNCIL RATIFY THE APPOINT- MENT OF BILL MOORE TO THE PARK COMMISSION.* MOVED BY HARRIS, SECONDED BY JOHANSON, TO AMEND THE MOTION TO INCLUDE TERM OF APPOINTMENT FROM APRIL 1, 1975 TO MARCH 31, 1978. CARRIED. *CARRIED. Council President Traynor read Mayor Todd's letter dated April 16, 1975 stating he agreed his notice of publication for the rezone had not been properly advertised and requested the Council to reschedule the public hearing with the legal description of the property clearly stated in the advertised notice. MOVED BY JOHANSON, SECONDED BY SAUL, THAT A PUBLIC HEARING BE CALLED ON MAY 19, 1975 FOR DISCUSSION OF REZONE FROM R -3 TO RMH FOR FRANK TODD.* Councilwoman Harris stated legal advice had been requested of the City Attorney at the last Committee of the Whole meet- ing. Councilman Traynor stated he recalled a written opinion from Attorney Parker regarding this subject of advertisements some time prior to 1974. *CARRIED. Councilman Johanson stated the Council is not able to revise its Agenda at the Agenda meetings due to the lack of a quorum. He requested enough Council Mem- bers attend the meetings to comprise a quorum or else we direct the staff to follow our Council procedures. He stated the item of Old Business should not occur at this point. TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 4 OLD BUSINESS Cont. CETA request Cont. City Hall discussion Council Order #4 Mayor to furnish equipment list brief resume of employees' job 117 9 Council President Traynor read Mayor Todd's letter dated April 16, 1975 requesting approval to obtain three employees for six months through the CETA program to work on Park projects as funded and budget- ed in the 1975 City budget. Councilman Saul stated he did concur with the Council's position at budget time to reject CETA proposals, except if the City could get people for a specific limit of time to do specific types of jobs. He stated he agreed with the Mayor's current request as it is a direct bene- fit to the citizens to provide these improvements in the City parks. MOVED BY DAVIS SECONDED BY JOHANSON, TO REFER THE ITEM TO THE COMMUNITY AFFAIRS COMMITTEE.* Councilman Sterling asked how this proposal would affect the WIN people in the schools. Steve Hall, Public Works Director, stated it may be possible to cut back on three positions through N.Y.C. if the three CETA men were hired. Councilman Gardner stated two weeks ago we had one day to make up our minds on this. How long do we have now? City Clerk Shirlee Kinney stated she had talked to Roger Caley today; they have a lot of money to place in the program and they would be willing to receive the City's reply sometime within the next two weeks. If there is any further delay, there is no assurance the funds will still be available for us. Councilman Saul asked if these people would have some experience in the field. Steve Hall replied we can request certain skills of the applicants. He added that it is quite a chore to keep up with things in the summer and read a list of the special projects in addition to the regular work load. Councilman Saul asked who will be supervising these people. Steve Hall stated they would be under the supervision of Gene Elfstrom in the Park Department. Councilman Johanson stated he understood the CETA proposal, but he would hate to cut back on any of the high school kids. Council- woman Harris concurred, stating she would rather work through the N.Y.C. program. The Council did take a position through the budget regarding CETA personnel and we should follow this. The pressure is always there to retain these CETA and PEP people at the end of their terms. Steve Hall, Public Works Director stated the problem is with the supervision of the workers and not the workers themselves. He stated helping the kids is great, but helping the families who have to support the kids is something to consider too. The adults tend to have more experience and responsibility, but you never know what you are going to get. City Clerk Shirlee Kinney stated if we had 15 N.Y.C. people, we may be able to get a supervisor provided for them. Discussion continued regarding transportation and equipment for the addi- tional employees. *CARRIED, WITH HARRIS VOTING NO. Councilwoman Davis asked if any information has been compiled as requested on equipment and job descrip- tions. City Clerk Shirlee Kinney stated she has not received anything on file yet. Steve Hall, Public Works Director, stated as far as the Annex is con- cerned, the summary is in its final typing and should be submitted to the Mayor's office soon. MOVED BY DAVIS, SECONDED BY HARRIS, TO AMEND THE AGENDA TO INCLUDE COUNCIL ORDER No. 4. CARRIED. Councilwoman Davis read Council Order No. 4, ordering the Mayor to furnish a complete equipment list of all offices except Fire and City Shop Departments, and a brief resume of what each individual employee from TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 5 OLD BUSINESS Cont. Council Order #4 Cont. Mayor's proposal to obtain grant funding for residential water system Discussion Fencing and lighting in the City Park NEW BUSINESS Mayor's Proclamation Volunteer Week 1975 RECESS 8:10 P.M. 8:22 P.M. those departments are doing. It is also ordered that by April 30, the Mayor will fully comply with the above order and send complete information to the Public Safety and Public Works Committees. MOVED BY DAVIS, SECONDED BY JOHANSON, TO APPROVE COUNCIL ORDER No. 4. CARRIED. Council President Traynor read Mayor Todd's letter dated April 4, 1975 requesting Council approval to seek grant money to study the problems of the domestic water supply and pressure and to upgrade the system. MOVED BY HARRIS, SECONDED BY GARDNER, TO REFER THE MATTER TO THE PUBLIC WORKS COMMITTEE. CARRIED. Councilwoman Harris stated she requested these items to be placed on the Agenda. Regarding the lighting, she stated on January 8 the Community Affairs Commit- tee recommended that $17,000 be transferred from the Land Acquisition and Building Fund to the Park Main- tenance Fund to provide lighting. At a subsequent City Council meeting, it was requested of the City Attorney to give an opinion on the special uses of the Land Acquisition and Building Fund. He had re- plied that it was authorized to use the monies direct- ly out of the Land Acquisition and Building Fund for the lighting. On April 9, the Committee met with Mr. Bill Moore, Park Commission Chairman; he stated the tennis court facilities and the Park in general arebeing used a great deal more now. It is the Committee's suggestion that the Public Works and Park Department draw up specifications for the lighting to be put out for bid to be paid for directly out of the Land Acquisition and Building Fund. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE PUBLIC WORKS DEPARTMENT BE AUTHORIZED TO DRAW UP BID SPECIFICA- TIONS FOR LIGHTING SYSTEM IN THE PARK AND TO CALL FOR BIDS.* Councilwoman Harris stated in regard to the Park playground equipment, the call for bids had not come to the Council to set and approve. Steve Hall, Public Works Director, replied this was discussed at staff meeting and we felt that once an item has been budgeted, then it is in the staff's hands to expedite these things. We have Council approval through the items and amounts budgeted and we put the specs to- gether, call for bids to be opened at one of the Council meetings and to be awarded at the Council meetings. It is the most efficient way to operate and it is what the staff is here to do the technical work. The Council supported Steve Hall's comments. Councilman Gardner asked where the lighting would be. Steve Hall replied $10,000 is allocated for lighting around the tennis courts and $7,000 is allocated along the pathways. *CARRIED. With regard to the fencing, Councilwoman Harris stated on March 11 a letter was received from Mr. Simonds stating the problem he is having on his property next to the Park and on April 9, the Community Affairs Committee met to discuss with Mr. Bill Moore. He stated the Park Commission had discussed this complete ly and they felt it would be best to install a fence from the sidewalk along 65th Ave. So. to the Easterly boundary of the Park. Councilwoman Davis stated she would like this item to be continued in Committee. Councilman Johanson read the Mayor's Proclamation for Volunteer Week 1975 for the week of April 20 26. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MEETING RECESS. CARRIED. Council President Traynor called the meeting back to order with all Council Members present as previously listed. TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 6 NEW BUSINESS Cont. Employee grievance Linda Kodama, Recreation Specialist Foster Golf Course Grant application Pi Cabot Dow, MOVED BY JOHANSON, SECONDED BY STERLING, TO AMEND THE Professional AGENDA TO INTRODUCE MR. CABOT DOW TO THE CITY COUNCIL. labor CARRIED. Councilman Johanson introduced Mr. Cabot negotiator Dow to the City Council and requested him to give a brief background of himself and his services. Mr. Dow stated his consulting firm represents govern- ment in labor /government relations in the State of Washington. They provide services to the Association of Washington Cities and compete against other nego- tiating firms. His firm has represented 23 cities and 5 counties and have recently completed a series of 6 labor /government training sessions in the State. He stated the firm has two full -time professional negotiators and one part -time member, and it is loca- ted in the Seattle Trust Building in Bellevue. He stated he is also Assistant City Manager for the City of Bellevue. He further explained his background in the business, the types of labor groups represented in the cities, and that his firm has been requested to write the International City Managers Association's Green Book. As far as Tukwila is concerned, either he or Hank Curran would be negotiating. His firm also has retained an attorney who specializes in labor. He stated he felt he could appreciate the City's problems with the labor groups and could be of some value to the City. The firm can serve as a buffer as decision makers in recognizing the Council will want to maintain a stable climate and also take into consideration the total employee picture. Mr. Dow left with thanks from the Council at 8:30 P.M. Steve Hall stated he felt the training sessions Mr. Dow had mentioned would be of great value for depart- ment heads to attend. Mayor's Proclamation MOVED BY HARRIS, SECONDED BY SAUL, TO AMEND THE AGENDA Municipal Clerk's TO MOVE ITEM 12.b. TO 9.b. AND RENUMBER ITEM 9.b. TO Week 9.c. CARRIED. Councilman Saul read the Mayor's Proclamation setting the second week in May as Municipal Clerk's Week. Councilwoman Harris read Mayor Todd's letter dated April 11, 1975 recommending the Council seriously consider Ms. Kodama's requested increase in salary as a way to terminate this grievance. MOVED BY JOHANSON, SECONDED BY SAUL, TO REFER THE GRIEVANCE OF LINDA KODAMA TO THE EQUAL OPPORTUNITY OFFICER TO TAKE ACTION AS OUTLINED IN RESOLUTION #365.* MOVED BY DAVIS, SECONDED BY SAUL, TO AMEND THE MOTION TO INCLUDE NOTIFICATION TO THE COUNCIL OF THE MEMBERS APPOINTED TO THE BOARD OF ARBITRATION AND PRIOR NOTI- FICATION OF THE DATE OF THE FIRST MEETING OF SUCH BOARD OF ARBITRATION WITH ADJUSTMENT OF DATE SET IF NEEDED SO THAT COUNCIL ATTORNEY MAY ATTEND. CARRIED. *CARRIED. MOVED BY STERLING, SECONDED BY SAUL, TO AMEND THE AGENDA TO INCLUDE ITEM 9.d., GRANT APPLICATION FOR GOLF COURSE. CARRIED. Councilman Sterling stated the Community Affairs Committee was interested in looking into the possibility of getting grant funds to offset the cost of the Golf Course if the people elect to vote on this in the November election. The Inter Agency Committee for Outdoor Recreation has money available if we comply with the guidelines for 1973. A copy of those guidelines should be on file at City Hall. Kjell Stoknes, Planning Director stated he had called the reference listed in Golf Digest about this; there is money available but there is competition for the funds as well. He offered to follow through on the application if the Council so TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 7 NEW BUSINESS Cont. Foster Golf Course Cont. Al Pieper desired. Councilman Sterling agreed he would like to refer this to the Planning Department. Discussion continued. Several sources had been contacted at the Inter Agency by members of the Council and staff re- sulting in different views as to how best to secure the grant funds. A multi -use facility may have a higher priority than a strictly golf course use facility. Councilman Johanson stated in regard to the multi -use concept, that the trail system could be further developed and extended, the fishermen would find recreation along the banks of the Green River and he would be in favor of pushing the idea. Councilwoman Davis stated we would need an up -dated MAI appraisal and Comprehensive Park Plan. MOVED BY STERLING. SECONDED BY SAUL. TO REFER THE PROPOSED GRANT APPLICATION OF THE GOLF COURSE THROUGH I.A.C. TO THE PLANNING DEPARTMENT. CARRIED. MOVED BY HARRIS THAT THE CITY COUNCIL AUTHORIZE ADMINISTRATION TO GO AHEAD WITH THE MAI APPRAISAL.* Councilwoman Davis stated Ballaine F Halliday made the original appraisal and suggested they may be able to update it at less expense. *MOTION WITHDRAWN. MOVED BY DAVIS, SECONDED BY STERLING, THAT BALLAINE HALLIDAY MAKE A NEW APPRAISAL OF THE FOSTER GOLF COURSE.* MOVED BY HARRIS, SECONDED BY SAUL, TO AMEND THE MOTION THAT SUCH APPRAISAL BE PAID FOR OUT OF THE LAND ACQUISITION AND BUILDING FUND. CARRIED. Mr. Al Pieper stated the cost of the last appraisal was about $7,000.00. Even though we may get a cheaper appraisal this time, he did not like the idea of getting an appraisal for an unknown quantity of money when we have no assurance that we will acquire the golf course. If we don't acquire the golf course, it will be that much money down the drain following the last $7,000.00 down the drain. It seems the cart has come before the horse. Councilwoman Harris stated this up -dated appraisal may be a requirement for the City's bonding attorney before we put this together for the voters in Novem- ber. The grant matching funds could possibly be as high as 50% and this would reduce the amount the voters would have to vote on. It would be a more attractive package for the voters if the amount were reduced and known at the time of the election. Councilman Traynor stated even if we get an appraisal and the grant, the voters will say this is ridicu- lous to pay for a golf course and put the money elsewhere. He felt there is a better place to put the money than that small of a golf course. Council- man Sterling stated if we can spend the time to get the grants on our LIDs and that piece of Jenkins property, he was sure we could try to get a grant to help the people to save a green belt. It is up to everyone to vote the way he feels on it. We were told last year it would cost $800 to $1,000 for a new appraisal, but if it is more and we are able to get the grant funding, he felt it would behoove the Council to give the people the choice whether they want to save that green belt or not. Councilman Johanson stated someone in Olympia had stated the price seemed very reasonable for a golf course which was already completed. We may be a little behind in our thinking it is a terrific price and a price he does not like to pay, but it will mean the loss of a recreational facility and the loss of the green belt itself, the interruption of our trails program, there would be consequences to the River itself. There is a lot of value that is intangible to consider TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 8 NEW BUSINESS Cont. Foster Golf Course Cont. Phyllis Pesicka SECOND READING OF ORDINANCES Ord. #925, Creating position of Deputy City Attorney 11 g3 Mr. Al Pieper stated when a staff member comes before the City Council to request a new vehicle, for example, he is requested to justify his request as to how he will use the vehicle and why he needs it. Can the Council tell me why we need, why the City needs, a golf course. How does the City as a governmental entity need a golf course? Councilman Sterling replied the City does not need a golf course any more than it needs a park. This is a means by which the City can preserve part of itself for recreation and green belt space for the future. Mrs. Pesicka stated the City needs this particular Golf Course because the City has all the industrial property it can handle. Being privately owned and zoned the way it is, it could go industrial too. If the City acquired it, it would always remain the way it is. Councilwoman Harris stated in 1969, the firm of Bignold Associates developed the Comprehensive Park Plan. The statistical data indicated more density in the future of population of residents and business. We are becoming more and more urban- ized, and we need to increase our recreational faci- lities in a proportionate amount. Planners have stated that if Interurban Avenue goes commercial, we will have a "creeping crud" effect of this type of development all up the hill. Homeowners move out, renters move in and the neighborhoods tend to degenerate. She strongly felt it was a legislative responsibility to provide a well- balanced community for the residents and for business. *VOTE ON MOTION FOR NEW APPRAISAL CARRIED, WITH TRAYNOR VOTING NO. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY.* Councilman Traynor asked what changes have been made in the ordinance. Councilwoman Harris reported this substitute version has come out of the Community Affairs Committee with a "do pass as amended" recommendation and she then reviewed the revised sections of the proposed ordi- nance. Councilman Traynor stated it appears the duties of the Deputy City Attorney are the same as for the City Attorney. Councilwoman Harris stated the appropriate sections of Ordinances #559 and #605 have been amended. MOVED BY HARRIS, SECONDED BY STERLING, TO ADD TO SECTION 3 FOLLOWING THE LAST SENTENCE, THE FOLLOWING: "THE MAYOR IS DIRECTED TO MAKE THIS APPOINTMENT NO LATER THAN MAY 5, 1975." CARRIED, WITH SAUL VOTING NO. Councilman Traynor stated he was concerned with the title of the ordi- nance and asked Attorney Parker if there was enough proper information in the title. Attorney Parker replied he would urge the Council not to pass this ordinance as it is contrary to State law. If the Council is going to pass it, then it really makes no difference how the title reads. Councilman Sterl- ing stated the ordinance has been amended, and asked if it is still contrary to the State law. Attorney Parker replied the State law says the City Attorney must perform these duties and with this ordinance, you are going to have two people doing the same things. The Deputy City Attorney is responsible only to the City Attorney and is to be hired by the office of the City Attorney, not the City Council. TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 9 SECOND READING OF ORDINANCES Cont. Ord. #925 Cont. Ord. #926, Transferring funds to reimburse Current Fund for disability payments (Firefighter Witters) FIRST READING OF ORDINANCE Proposed ordinance, Confirming Final Assessment Roll LID #21 RESOLUTIONS Proposed resolution, In memory of Earle Parker, former Police Chief Proposed resolution, Retaining Walker Assoc. for aerial photography Proposed resolution, Honoring Municipal Clerks Resolution #481, Reconfirming agreement with King County re: Community Development block grant funds S4 Councilwoman Davis asked Attorney Parker if he approved the ordinance as to form. Attorney Parker replied no. *MOTION TO READ CARRIED. Council President Traynor read proposed ordinance creating the Position of Deputy City Attorney, Prescribing Duties therefore, and amending Ordinance 559, Section 1 and T.M.C. 2.16.010; Ordinance 605, Section 2 (A) (B) (F) and T.M.C. 2.16.020; Section 3, (B) (C) and T.M.C. 2.16.030; adding new sections, and repealing Section 4, Ordinance 605 and T.M.C. 2.16.040, by title only. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT ORDINANCE #925 BE ADOPTED AS READ. CARRIED, WITH SAUL VOTING NO. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance transferring funds from the Firemen's Pension Fund to the Current Fund in the sum of $7,626.86, by title only. MOVED BY DAVIS, SECONDED BY JOHANSON, THAT ORDINANCE #926 BE APPROVED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance approving and con- firming the assessments and assessment roll of Local Improvement District No. 21, which has been created and established for the purpose of constructing and installing a system of 21 -inch sewer lines, together with required connections, manholes, side sewer stubs and appurtenances from the existing lift station to Andover Park West and on Andover Park West from Minkler Boulevard to Strander Boulevard, all within the corporate limits of the City of Tukwila, as provided by Ordinance No. 776 and levy- ing and assessing the amount thereof against the several lots, tracts, parcels of land and other property shown on the roll, by title only. City Clerk Shirlee Kinney stated the blank spaces in the proposed ordinance should be filled in as follows: Page 2, $32,730.92 and Page 3, all spaces should be 8 1/2%. MOVED BY TRAYNOR, SECONDED BY DAVIS, THAT PROPOSED RESOLUTION BE READ IN FULL FOR FIRST READING. CARRIER Councilman Gardner read proposed resolution in memory of Earle Parker, former City of Tukwila Police Chief. Councilwoman Davis requested the Council Members' names include the initials under the signature line. MOVED BY HARRIS, SECONDED BY JOHANSON, TO STRIKE PROPOSED RESOLUTION FROM THE AGENDA AS IT IS NOT YET OUT OF COMMITTEE. CARRIED. MOVED BY STERLING, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ IN FULL. CARRIED. Councilman Sterling read proposed resolution in recognition of Municipal Clerk's Week. MOVED BY HARRIS, SECONDED BY SAUL, TO READ PROPOSED RESOLUTION FOR ITS SECOND READING BY TITLE ONLY. CARRIED. Attorney Parker read proposed resolution reconfirming the agreement between the City of Tukwila and King County regarding planning for use and distribution of certain block grant funds under TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 10 RESOLUTIONS Cont. Resolution #481 Cont. Proposed resolution, Designating Cabot Dow Assoc. as Negotiator for the City for 1975 ll 8,s the Community Development Act of 1974, by title only. Councilwoman Harris reported the resolution is coming out of the Community Affairs Committee with a "do pass" recommendation. MOVED BY JOHANSON, SECONDED BY DAVIS, THAT RESOLUTION #481 BE APPROVED AS READ. CARRIED. MOVED BY JOHANSON, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ IN FULL WITH CABOT DOW ASSOCIATES DESIGNATED. CARRIED. Attorney Parker read proposed resolution designating Cabot Dow Associates as Negotiator for the City of Tukwila relating to Union Contracts to be negotiated during 1975. Councilwoman Harris asked Attorney Parker if he had a suggestion for better wording of the last sentence in Section 2. Attorney Parker stated he really did not know what was meant by the statement. Councilwoman Harris stated the Council wants to allow provision for input for Administration and department heads so that the Council may carry the messages on to the negotiator. Attorney Parker stated he felt the entire paragraph should be reworded. The City Council is not the employer, the City of Tukwila is. Councilwoman Harris stated she differed with that opinion. The statutes regarding labor negotiations with employee groups the commissions, councils or boards (if that applies) are defined as the employer. Councilman Traynor requested Attorney Parker to suggest revised wording before the next meeting. Attorney Parker stated the City of Tukwila is the employer and the Council will be conferring on behalf of the City of Tukwila. The resolution simply designates Cabot Dow as the nego- tiator so Section 2 is really not necessary at all. Councilwoman Davis stated the Council wishes to safe- guard against a situation which arose last year when Mr. Rabine of the Teamsters came back with a final proposal and we were not aware that it was. We need to have the safeguard with Cabot Dow to meet and exchange ideas. Attorney Parker stated that is some- thing you will work out with him when you are direct- ing him at the time of negotiations. Attorney Parker stated that language has no part in the resolution employing Cabot Dow as the negotiator. Discussion continued. Attorney Parker stated the Council can authorize Cabot Dow to bind the City ahead of time or it can authorize him to get the Union's proposal and bring it back to the Council to act upon. The Council can say Cabot Dow is hereby authorized to act upon its behalf and bind the City in this regard or to negotiate, bring the terms back to the Council and let the opposition understand that whatever is tentatively agreed to has to be approved by the City Council before it is binding. Councilman Traynor stated he was sure Mr. Dow was familiar enough to realize he could not bind the City without approval and he agreed with Attorney Parker's comments. Coun- cilman Johanson stated he hoped the Council would share some of the meeting with Administration and department heads if necessary. We would like to make known this intention. Councilwoman Harris stated the one point she wanted to make clear is that the representative to be discussed to is the City Council. It is the official City body which will be doing the direct discussions with this firm. No one else shall be directly contacting the negotiator, but we do want to provide an opportunity for input to Adminis- tration. MOVED BY HARRIS. SECONDED BY STERLING. TO REFER THE PROPOSED RESOLUTION TO THE FINANCE AND PERSONNEL COMMITTEE. CARRIED. TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 11 DEPARTMENT REPORTS City Treasurer's monthly report of investments Public Works Dept. Planning Dept. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Council Order #5 Mayor to furnish 6 -year resume of all outside grants Bicentennial Committee Tukwila bus 84 Council President Traynor read the City Treasurer's report of invesmtents for the month of March, 1975. Steve Hall, Public Works Director, reminded the Council and audience of the informal meeting to discuss the first three phases of the utility under grounding program. He stated all property owners involved have been sent letters. Kjell Stoknes, Planning Director, stated he would soon be ready to meet with the Council regarding the work in progress on the Comprehensive Plan. Councilwoman Davis read Council Order #5 ordering the Mayor to furnish a six -year resume of all outside grants, stating the amount of the grant and where it has been spent, to the Council by April 30, 1975. MOVED BY DAVIS, SECONDED BY STERLING, TO APPROVE COUNCIL ORDER #5. CARRIED. MOVED BY SAUL, SECONDED BY DAVIS, THAT THE CITY COUNCIL ALLOW THE BICENTENNIAL COMMITTEE TO USE A FACSIMILE OF THE CITY SEAL ON THE BICENTENNIAL COFFEE MUGS.* Discussion followed regarding the legality of using the City Seal for this purpose. *CARRIED, WITH HARRIS VOTING NO. Councilman Saul announced the next meeting of the Bicentennial Committee on April 22 at 7:30 in the Fire Station. A carnival to raise money for the Committee is scheduled for May 9 at the Tukwila Elementary School. He stated he received a letter from Mr. Bjork of the Washington State Gambling Commission granting a temporary license for the raffle to be held at the carnival. Councilman Sterling stated the Council should hold a public hearing for the bus issue if we are not going to send out questionnaires. Councilwoman Davis suggested a telephone survey be conducted by an inde- pendent firm which would be provided with a list of questions to ask each resident. Mrs. McLester stated it would be a cheap price to pay for postage, including a self- addressed envelope, with each questionnaire for all registered voters in the City. She felt the results would be worth it. Councilwoman Davis stated the mail -outs should go to all citizens and not just the registered voters since everyone benefits from the Revenue Sharing monies. Mr. Al Pieper stated he would like to propose a ridership report for a period of one or two weeks just to see how many people actually ride the bus, where they get on and off. Councilman Traynor stated he could not be in favor of that since many people who do not ride the bus might be in support of it for others. Discussion continued regarding what would be the most fair and accurate way to poll the citizens. Steve Hall, Public Works Director, stated the Recreation Department's addressograph list was fairly complete and up -to -date. Mrs. McLester stated she liked the mail -out idea in combination with Mr. Pieper's suggestion. TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 12 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Tukwila bus Cont. Special meeting to discuss Tukwila bus Summer employment Council's attorney fees Councilman Johanson stated Metro had indicated at the last meeting we held here with them that they would be willing to help out somewhere along the line. He noted from the current voucher payments that the cost is going up for this service. Mrs. Doris Phelps stated she felt the Council should arrange another meeting with Metro to put the press- ure on them to provide this service fully paid for, or at least partially paid for. Mr. Pieper stated when the Metro representative was here before, he questionned the bus on a fare basis and was never given an answer. He felt the cost of this bus should be considered on the basis of the cost per rider, which would exceed taxi fares. Councilman Traynor stated the Metro representative had also stated that very few of their routes pay for themselves. Kjell Stoknes, Planning Director, stated he did not feel it was reasonable to expect public transportation to pay for itself. It is the same concept as public roads the busses will also have to be subsidized. Councilman Johanson stated he would like to point out that Tukwila is paying for its fair share through taxes for Metro transportation plus we are paying entirely for this shuttle bus, too. Mrs. Mae Harris stated if the bus is kept, it is time to determine a more efficient schedule. The City Council agreed to hold a special meeting to discuss the Metro bus on Wednesday, April 30 at 7:30 P.M. in the Council Chambers. Mrs. McLester suggested the City try to find other uses for the three N.Y.C. people who would be dis- placed by the three CETA people. Councilwoman Harris stated the City Council had approved the voucher to pay for the fees incurred by Larry Hard and the voucher is still here at City Hall. Judge Johnson had instructed Mr. Hard to file a writ of mandamus in order to receive his payment, but this will be very costly for him to file this suit. And these additional legal fees all will be paid out of the City funds. She asked the City Attorney if there is any possibility we can avoid all these legal expenses. Two judges have indicated the Council acted properly in retaining these legal services. Don't you think it would be in the best interest to instruct Mayor Todd to release the check and avoid incurring additional expenses of the new and additional law suit. Attorney Parker stated he did not see why the City of Tukwila should have to pay for the expenses of Mr. Hard placing a suit against the City of Tukwila. He should bring this suit in his own name and collect the fee. The problem in this case results in the fact that some of the expenses occured back in Novem- ber. There is a reference in the Minutes wherein Councilwoman Davis stated she felt about $1,100 of these charges are the responsibility of the individ- ual Council Members. This is what the whole thing hinges on. Councilwoman Harris stated the City Council properly passed several motions authorizing the payment of TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 13 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Council attorney fees Cont. 1188 fees incurred for the firm to do certain things for us in November and December. Other things were covered by a proper Motion of the Council. The reason we had to go to outside attorney is because we could not get the legal services from our own City Attorney. He refused to meet with us, he walked out on us during one Council meeting, he would not come to an Executive Session. She felt the Council had a right to do it and it was on behalf of the City that we did it. She stated Mrs. Davis' comment was a personal opinion expressed at a Commit- tee of the Whole meeting, which is not an official and /or regular meeting of the City Council. We have consistently made proper Motions to give this author- ity, and it was up to the legislative body to make this decision. Attorney Parker stated the Council has ordered the Mayor to do it and he would twist his arm a little bit to make him pay. Councilwoman Harris stated she would like to avoid the law suit, but if it is clear tonight that Admin- istration is not going to endorse the check, she would have a Motion to make. Councilman Traynor stated if the Mayor is truly interested in saving the taxpayers dollars, he should go ahead and sign that bill rather than incur more expenses on an issue that should be taken care of. We have authorized the payment and now all we are going to do is incur more expenses on the tax- payers. If what he has said before is true, then that bill will be paid. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE FIRM LeSOURD, PATTEN, FLEMING HARTUNG BE AUTHORIZED TO PROCEED WITH A WRIT OF MANDAMUS SUIT FOR THE PURPOSE OF COLLECTING LEGAL FEES OWED BY THE CITY OF TUKWILA WHICH HAVE BEEN APPROVED BY THE CITY COUNCIL AND ARE BEING WITHHELD BY MAYOR FRANK TODD.* MOVED BY DAVIS, SECONDED BY SAUL, TO AMEND THE MOTION TO INSERT "IF THIS PAYMENT HAS NOT BEEN RECEIVED BY NAMED FIRM BY APRIL 30, 1975. Councilwoman Davis stated she wished to designate this date so there would be time to determine any necessary Council action before the next regular meeting. Councilman Johanson stated the Mayor has stated he was doing this under the guidance of the City Attorn- ey as far as refusing to pay the bill. If we are giving the Mayor instructions and the City Attorney is telling him not to pay it, he did not understand then what is going on. Attorney Parker stated he had never heard the Mayor say he was doing this under the guidance of the City Attorney, and he is not doing this under the guidance of the City Attorney. The Mayor asked him concerning this bill and in his opinion, there are certain charges that have never been segregated which are not proper charges against the City. It very well may cost the City more to defend this than it would to pay it. There has already been $6,500 incurred and all of this could have been avoided by paying the girls what amounts to $2,300 in pay over the year. This is a matter of principle rather than a matter of dollars and cents. Council agreed. Attorney Parker continued that the Mayor had asked about the expense of Bennett vs. Sheets, we don't know how much the expense is, but this case had nothing to do with the TUKWILA CITY COUNCIL MEETING April 21, 1975 Page 14 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. Council attorney fees Cont. Attest: City. Attorney Parker stated he would have very much liked to have explained to the Council that night, but he was foreclosed from doing so because the defendent in that case had requested there be no discussion of it. It turned out to be a simple matter that amounted to nothing and yet from the bills submitted, there appears to be $1,100 charged against the City for this case which did not even involve the City. The charges for this investigation in his opinion are not proper charges against the City. He stated he thought it would be cheaper all the way around to go ahead and pay this, but it would have been cheaper in the beginning never to have in- curred the expense. Councilman Johanson stated he would agree to that, but had Attorney Parker not said it was none of the Council's business, things might have turned out a little different. Attorney Parker stated he would have liked to have done so, but the person who had control over him in that case said do not discuss it. There was a very good reason for not bringing this out in the open. Councilwoman Harris stated the Council had asked for an Executive Session which would not have brought anything out in the open it would have been confidential. Attorney Parker stated again the case had nothing to do with the City and the Council Members had no right to inquire into the case or to discuss it at that time. *AMENDMENT TO THE MOTION CARRIED. *MOTION AS AMENDED CARRIED. ADJOURNMENT MOVED BY SAUL, SECONDED BY STERLING, THAT THE 10:32 P.M. MEETING ADJOURN. CARRIED. 2 /di Dwayne D. Tr Mayor Pro�Tem 1z= i /.r .�r' it /c Cc Shirlee A. Kinney, C ity Clerk'