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HomeMy WebLinkAbout1976-02-02 Regular MinutesFebruary 2, 1976 TUKWILA CITY COUNCIL 7:00 P.M. REGULAR MEETING CALL TO ORDER AND FLAG SALUTE ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL Roll Call Policy OLD BUSINESS State Highway Dept. discussion 52nd 58th Sts. at Interurban M I N U T E S Vouchers #7635 Current Fund #7635 #7724 Street Fund #7725 #7743 Fed. Rev. Shg. #7744 #7745 Water Fund #7746 #7754 Sewer Fund #7755 #7761 W/S Const. #7762 #7763 LID #19 C -67 R -45 LID #22 C -35, 36, 37 R -29 LID #24 C -31 R -19 LID #25 C -34, 35, 36 R -24, 25 LID #26 C -2 R -2 LID #27 C -6, 7 Loan Total 4 Tukwila City Hall Council Chambers Mayor Bauch led the Pledge of Allegiance and called the City Council meeting to order. GARDNER, TRAYNOR, HILL, SAUL, PESICKA, VAN DUSEN, HARRIS City Clerk Shirlee Kinney, Public Works Director Steve Hall, Planning Director Kjell Stoknes, City Treasurer Mae Harris, Fire Chief Hubert Crawley, Police Chief John Sheets, City Attorney Donald Fleming and Larry Hard, Deputy City Attorney MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE MINUTES OF THE JANUARY 19, 1976 REGULAR MEETING BE APPROVED AS PUBLISHED. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilwoman Harris questioned Voucher No. 7728 issued to Floodlite for repair work done in the vicinity of the White House Cafe. Steve Hall, Public Works Director, explained the damage was re- paired by the City and it was later determined that this damage was caused by Puget Power F Light crews. The City had already incurred this expense and we will now attempt to be reimbursed by Puget Power for the repair expense. Councilwoman Harris stated it may be more effective to withhold payment to Floodlite and advise Floodlite to contact Puget Power for payment. Council President Hill stated the bill has been incurred by the City and we should pay our debts; we should not be penalizing this com- pany by having them go to Puget Power. He stated he did not feel Puget Power would be any problem. Discussion continued. Attorney Fleming stated if the City knows Puget Power did the damage he did not feel they would question payment of the expense. *CARRIED. #7763 14,177.63 5,714.86 1,853.28 10,996.42 8,432.10 1,140.73 42,315.02 $418.10 418.10 $1,329.45 1,329.45 $34.50 34.50 $15,725.70 15,725.70 $76.00 76.00 $10,319.07 MOVED BY TRAYNOR, SECONDED BY SAUL, TO ESTABLISH POLICY THAT ALL ROLL CALL VOTES BE TAKEN IN ALPHA- BETICAL ORDER. CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, TO AMEND THE AGENDA TO MOVE ITEM 8.a. UP FOR CONSIDERATION AT THIS TIME. CARRIED. TUKWILA CITY COUNCIL MEETING February 2, 1976 Page 2 OLD BUSINESS Cont. State Highway Dept. Cont. Mayor Bauch introduced Mr. Keith Dodge, Maintenance Operations Engineer, and Mr. Jim Cleary, Traffic Operations Engineer, State Highway Commission, who were requested to attend the Council meeting as a result of letters written by the City accompanied by a citizens' petition. Mr. Dodge stated the Department has prepared a study of the intersections and has provided a video pre- sentation to demonstrate the facts to be brought out this evening. Mr. Cleary stated the studies show that throughout the State, crosswalks are more dan- gerous at intersections than are intersections with- out crosswalks crosswalks give the pedestrian a false sense of security. He stated in this case, the recommendation to the City is to provide more adequate lighting at these two crosswalks, repaint and cross -hatch the crosswalk and to re -route school bus stops in the areas. He stated accidents in these two locations have not involved the crosswalks or pedestrians and the speed limit at 40 m.p.h. on Interurban Ave. appears to be the correct speed as traffic generally moves at 39 m.p.h. Mr. Cleary stated in making the studies and subsequent recommen- dations, they must abide by the guidelines of the Manual on Uniform Traffic Control Devices which sets up the criteria for signalization. He stated the studies were taken during the rush traffic hours and only 3 hours of the 8 hours tested each day warrant a traffic signal at the 58th Street intersec- tion; the other 5 hours meet the criteria halfway. We have determined that traffic signals are not warranted. Councilwoman Harris stated she could appreciate the statistics, but actually living here results in much frustration in limited access and egress available to the citizens and the statistics cannot show that. Many, many citizens have experienced waiting and waiting at the 58th Street stop sign at Interurban both morning and evening to catch their bus to go to work. The distance between the traffic lights on Interurban Ave. exceeds two miles and it is too great a span with no traffic control. Councilwoman Pesicka asked if the type of signal, changing from red to green or blinking, would make any difference to the Highway Department. T'Ir. Cleary answered no. Mr. Ben Aliment stated his son was hit by a car in the crosswalk at 52nd Street a few years ago; he asked the Highway Department representatives if they knew what type of road Interurban Ave. is. Mr. Cleary replied it is a straight, level road. Mr. Aliment stated there is a crown in it and an arc in it and traffic coming from the South cannot see any person in the crosswalk. Mr. Cleary stated the situation will improve with the installation of traffic signals on Interurban at the I -5 off -ramp South of the Tuk Inn, scheduled for this summer. Films of the intersections were shown with comments. Kjell Stoknes, Planning Director, asked what alterna- tives are available to the City. Mr. Cleary repeated the recommendations. Fire Chief Crawley asked if the City could install a flashing light at 58th for emergency vehicles to cross. Mr. Cleary replied yes, TUKWILA CITY COUNCIL MEETING February 2, 1976 Page 3 OLD BUSINESS Cont. State Highway Dept. Cont. if the City wants to pay for the light which would blink only when the emergency vehicles were cross- ing. Mr. Cleary stated they could "beef up" the signs in the area to warn motorists of the cross- walks and he suggested increasing the enforcement of pedestrian right -of -way rights by the State Patrol and the Tukwila Police Department. As it is now, the motorists have no regard whatsoever for the pedestrians, even when they are in the crosswalks in the middle of the street. Discussion continued. Councilman Traynor stated it seems the City has all the responsibility for the street and the State is in the way of our providing our own people with what they want we have the money for the signals let the State give up the highway and we will take care of it ourselves. Council President Hill stated the community is locked in by the freeway on three sides and by the River on the other. Most people avoid trying to get on Interurban Ave. at 58th St. and at 52nd St. because it is such a problem to wait for all these other people driving through the City. Councilwoman Harris suggested the City Council try to assume control of SR 181 through the State Legis- lature with the cooperation of the State Highway Commission. MOVED BY MS. HARRIS, SECONDED BY MS. PESICKA, THAT THE CITY REQUEST THE PUBLIC WORKS DIRECTOR TO GATHER THE STATISTICS ON THE COSTS TO MAINTAIN INTERURBAN AVE. INCLUDING SIGNALIZATION SO THAT THE CITY CAN MAKE A DECISION WHETHER TO FOLLOW THE PROCESS TO PETITION THE STATE LEGISLATURE FOR CONTROL OF INTER- URBAN AVE.* Councilman Traynor stated you cannot put a dollar cost on a life lost. We have four Representatives in Olympia to help us push something through. Councilman Van Dusen stated he was in favor of getting control of Interurban but it does not answer the questions of these parents here tonight about what we are going to do now. We need to have some measures to follow immediately. Steve Hall stated personally he did not want to gain control of SR 181 due to several things and he wished to inform the City Council that his report would take longer than the two weeks before the next Council meeting. *CARRIED. MOVED BY VAN DUSEN, SECONDED BY SAUL, TO FOLLOW THE RECOMMENDATIONS OF THE STATE HIGHWAY COMMISSION TO FORTIFY THE CROSSWALKS, ENLARGE THE SIGNS, PROVIDE MORE POLICE ENFORCEMENT DURING SCHOOL HOURS AND MODIFY SCHOOL BUS STOPS.* City Treasurer Mae Harris referred to a problem she had with the State Highway officials and stated she did not feel that the time to get these things done could be guaranteed. Mr. Cleary stated it would take 1 to 3 weeks to accom- plish. *CARRIED. Discussion continued regarding long -range planning to acquire Interurban Ave. Councilman Saul stated he hoped this was the right decision for the City since we have taken a position contrary to the advice of the State representatives of the Highway Department. RECESS MOVED BY TRAYNOR, SECONDED BY HILL, TO RECESS FOR 8:25 P.M. 8:35 P.M. 10 MINUTES. CARRIED. Mayor Bauch called the meeting back to order with all Council Members present as previously listed. TUKWILA CITY COUNCIL MEETING February 2, 1976 Page 4 APPOINTMENTS Planning Commission Board of Adjustment PETITIONS, COMMUNICATIONS Letter from Foster Marshall re: LID #26 bonds PUBLIC HEARINGS Re- schedule public hearing for Open Space Element of the Comprehensive Plan PETITIONS, COMMUNICATIONS LID #26 bonds Cont. MOVED BY MS. PESICKA, SECONDED BY TRAYNOR, THAT THE COUNCIL CONSIDER EACH APPOINTMENT ONE AT A TIME. CARRIED. MOVED BY TRAYNOR, SECONDED BY MS. HARRIS, THAT MR. BOWEN BE APPOINTED TO POSITION NO. 2 ON THE PLANNING COMMISSION AS STATED IN MAYOR BAUCH'S LETTER. CARRIED, WITH HILL, MS. PESICKA AND VAN DUSEN VOTING NO. MOVED BY SAUL, SECONDED BY MS. HARRIS, THAT MR. HULL BE APPOINTED TO POSITION NO. 5 ON THE PLANNING COMMIS- SION AS DESIGNATED IN THE MAYOR'S LETTER.* Councilwoman Pesicka stated Mr. Hull is not a resident of the City and as long as there are residents will- ing to serve, they should be considered before a non- resident. Councilman Saul stated he always felt the Planning Commission, as long as there was a majority of residents serving, was the appropriate place for the commercial residents to serve. We have had in the past a great deal of expertise from these people, all to the advantage of the City. *ROLL CALL VOTE: 3 AYES GARDNER, MS. HARRIS, SAUL; 4 NOS HILL, MS. PESICKA, TRAYNOR, VAN DUSEN. MOTION FAILED. MOVED BY TRAYNOR, SECONDED BY HILL, TO CONFIRM THE APPOINTMENT OF MR. DOW TO POSITION NO. 1 ON THE BOARD OF ADJUSTMENT. CARRIED. MOVED BY MS. HARRIS, SECONDED BY SAUL, TO CONFIRM THE APPOINTMENT OF MR. HARTONG TO POSITION NO. 2 ON THE BOARD OF ADJUSTMENT. ROLL CALL VOTE: 4 AYES GARDNER, MS. HARRIS, MS. PESICKA, SAUL; 3 NOS HILL, TRAYNOR, VAN DUSEN. CARRIED. MOVED BY MS. HARRIS, SECONDED BY HILL, TO CONFIRM THE APPOINTMENT OF MR. DUFFIE TO POSITION NO. 4 ON THE BOARD OF ADJUSTMENT. CARRIED. APPEALS AND SIMILAR MATTERS MOVED BY HILL, SECONDED BY VAN DUSEN, TO ALLOW FOSTER MARSHALL TO GO AHEAD WITH SELLING BONDS FOR LID #26. CARRIED. Kjell Stoknes, Planning Director, announced the public hearing on the Open Space Element of the Comprehensive Plan has been re- scheduled to February 17, 1976 Council Meeting. APPEALS AND SIMILAR MATTERS Cont. Mr. Al Pieper stated that Foster Marshall has already sold the bonds at a huge discount in their favor and the people paying the assessments are being charged 71/2% interest while the people buying the bonds will realize an average of 62 He stated he talked to Merrill, Lynch who stated they would have bought the bonds except that they do not deal with issues for less than $2 million. He stated he felt the sale of bonds should have gone out for bids and he suggested future bonding issued on LIDs be investi- gated. City Treasurer Mae Harris stated she had shopped around for the rates of interest for the bonds and she stated Mr. Pieper had been misinformed. The City's L.I. Guarantee fund is not large enough to enable us to get the lower interest rates and this is only a $140,000 issue. Councilman Saul agreed. TUKWILA CITY COUNCIL MEETING February 2, 1976 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Letter from Warren W. Dingus re: Police Dept. Letter from the Park Board re: Recreation Dept. Letter from U.S.T.M.E. Claim for damages Theodore G. Pierce OLD BUSINESS Status of items in Council Committees LID #25 estimates NEW BUSINESS Discussion of City's insurance package yC3 MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE AGENDA TO INCLUDE THREE LETTERS TO THE CITY COUNCIL. CARRIED. Council President Hill read a letter from Mr. Warren W. Dingus dated January 20, 1976 expressing his appreciation to the Police Department for retrieving his briefcase and returning it to him. Council President Hill read a letter from the Park Board recommending that the title for Richard Hunt be Recreation Director and that Linda Kodama's title be Recreation Supervisor. The letter also asked the status of the McAbee property acquisition. Council President Hill read a letter from Gary Crutchfield, President of the U.S.T.M.E., requesting consideration of beginning negotiations for salaries and benefits for 1976 in an Executive Session. Councilman Traynor, City Council negotiations repre- sentative, stated the Council is currently formula- ting information with Administration in preparation for U.S.T.M.E. negotiations. MOVED BY HILL, SECONDED BY TRAYNOR, TO AMEND THE AGENDA TO CONSIDER A CLAIM FOR DAMAGES SUBMITTED BY THEODORE G. PIERCE. CARRIED. MOVED BY HILL, SECONDED BY SAUL, TO REFER THE CLAIM FOR DAMAGES TO THE CITY'S INSURANCE CARRIER.* Councilwoman Harris asked what is the proper action for the Council to take to deny or accept the claim. Attorney Fleming stated the proper action is to either deny or accept the claim. There should be some system followed by the insurance company that they report the facts to the Council in order to take further action. Attorney Hard stated this procedure of referring claims to the insurance carrier will soon become the required process. *CARRIED. Mayor Bauch stated he reviewed the items in Committees with the City Clerk and he wished this information to be called to the attention of the Council. Council President Hill stated he wished all of these items to be considered by the Committee of the Whole at the next meeting. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT ALL ITEMS PRESENTLY IN COMMITTEES BE REMOVED FROM COMMITTEES AND PLACED IN THE COMMITTEE OF THE WHOLE EFFECTIVE TONIGHT TO BE CONSIDERED FEBRUARY 9, 1976.* Councilwoman Harris stated she supported Councilman Hill's Motion but she would prefer all matters to remain in their respective Committees. Councilman Traynor stated he felt a lot of the items no longer applied or needed action of the Council and any that needed to remain in a Commit- tee could be placed back. *CARRIED, WITH MS. HARRIS VOTING NO. Mayor Bauch stated this item has been withdrawn from the Agenda. Councilman Traynor stated it has been several years since the City has gone out for bids for insurance; even though it is no longer required, he felt it was TUKWILA CITY COUNCIL MEETING February 2, 1976 Page 6 NEW BUSINESS Cont. Insurance Cont. desirable. In order to do this, we should make arrangements to have all policies come due at the same time right now we have two expiring this month and rest expiring in April. Council President Hill agreed the insurance should be bid every four or five years. MOVED BY HILL, SECONDED BY SAUL, THAT ADMINISTRATION GATHER INFORMATION AND PRESENT TO THE CITY COUNCIL SO THAT THE COUNCIL CAN GO OUT FOR BIDS.* Councilman Gardner suggested one or two insurance companies provide estimates for our insur- ance so that we will know what to base bid results on. Mayor Bauch stated we can arrange the expiration dates to fall on the same date in the next three months or at the end of 15 months. Discussion con- tinued. Mr. Frank Todd stated the present agent, Dick Anderson, always gathered quotes from several companies each time we requested a new policy. MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE MOTION TO GIVE ADMINISTRATION THE OPPORTUNITY TO DETERMINE WHICH IS MORE COST EFFECTIVE, THREE MONTHS OR FIFTEEN MONTHS, TO GET THE POLICIES BACK IN LINE. Councilwoman Harris proposed an ad hoc committee to be appointed by the Mayor made up of two or three insurance people and a citizen to determine the City's needs and whether we are now adequately covered and to advise Adminis- tration and the City Council of any adjustments. We can then go out to bid in April; it may cost more for short term insurance on the two policies but in the long range, we possibly would be saving money. *CARRIED. *CARRIED. Letter from Police MOVED BY TRAYNOR, SECONDED BY SAUL, TO CONCUR WITH Dept. re: surplus THE POLICE CHIEF'S RECOMMENDATION ON SURPLUSING THE motorcycle MOTORCYCLE.* City Clerk Shirlee Kinney read a letter from Chief John Sheets dated January 15, 1976 recom- mending several options to dispose of the motorcycle with preference to option 4. Shirlee Kinney read a letter addressed to the Council from Mayor Bauch dated January 27, 1976 concurring with Chief Sheets' recommendation. Mayor Bauch asked if this option to give the motorcycle to the Highline Community College by resolution of the Council was legal. Attorney Hard replied normally it is not legal for cities to give away assets to private associations, but since the community colleges are part of the public institutions of the State, he felt it was legal. *CARRIED. Discussion 2¢ Mayor Bauch stated the State Legislature is currently sales tax legislation considering several bills in committee which affect our Z¢ sales tax revenue and its distribution. Ad- ministration requested a Motion from the Council to authorize it to take whatever action necessary in Olympia in the form of testifying at hearings and of corresponding on matters affecting 2¢ sales tax distribution. Council President Hill asked if it is legal for the City of Tukwila to lobby in Olympia. Attorney Fleming stated it is very restricted but it is possible. MOVED BY TRAYNOR, SECONDED BY HILL, THAT IF IT IS LEGAL, TO CONCUR WITH THE MAYOR'S REQUEST REGARDING 2¢ SALES TAX LEGISLATION. CARRIED. Councilwoman Harris asked about A.W.C.'s position on these bills. Mayor Bauch stated A.W.C. at the last convention by resolution adopted a position that is adverse to the City of Tukwila's position. Letter from the Fire Councilman Traynor stated that if the Mayor desires Chief re: fire related staff to go to Olympia to testify, we should have a legislation recommendation from the Mayor for Council approval. Councilwoman Harris stated no one on the City's staff should testify before any committee in Olympia unless TUKWILA CITY COUNCIL MEETING February 2, 1976 Page 7 NEW BUSINESS Cont. Chief Crawley's letter Cont. RECESS 9:55 P.M. 10:55 P.M. STANDING COMMITTEE REPORTS Committee of the Whole Formal Motion re: Natural Environment Element of the Comprehensive Plan Proposed resolution Adopting Natural Environment Element the Council has adopted a resolution stating the City's policy relating to that particular proposed legislation. She stated she did not feel staff mem- bers have the authority to speak for the City without prior indication of the City's policy and further, that she did not feel the City Council could give that authority. Councilman Saul stated he felt this matter was the responsibility of Administration. Councilwoman Harris stated the Council determines policy, not Administration. Councilman Van Dusen stated he would like to leave it to the discretion of the Mayor. Mayor Bauch stated he did not feel he had the authority. Fire Chief Crawley explained some of the upcoming legislation relating to fire departments. MOVED BY VAN DUSEN, SECONDED BY MS. PESICKA, THAT THE CITY COUNCIL CONCUR WITH THE RECOMMENDATION TO ALLOW CHIEF CRAWLEY TO GO TO OLYMPIA IN CONCURRENCE WITH THE MAYOR REGARDING FIRE RELATED MATTERS.* Councilwoman Harris objected that this Motion reflects a blank check and it may be that the City Council would not agree with the Chief on some of these issues. Councilman Saul stated he felt Chief Crawley was qualified to speak on these matters. Kjell Stoknes, Planning Director, suggested the Council consider blanketing all department heads in this Motion so they may testify if necessary in their fields. Councilman Traynor stated he felt each one should be considered separately. Audience comments reflected several department heads have testified in Olympia on several previous occasions. Mayor Bauch stated he has instructed staff to get prior permission from the City Council before attending any sessions in Olympia on behalf of the City. *CARRIED, WITH HARRIS VOTING NO. MOVED BY HILL, SECONDED BY SAUL, THAT THE MEETING RECESS FOR 10 MINUTES. CARRIED. Mayor Bauch called the meeting back to order with all Council Members present as previously listed. Council President Hill explained that during the last Committee of the Whole meeting, the question was raised whether to adopt this Element now or to state our intent of adopting it with the adoption of the Comprehensive Plan. Attorney Fleming stated the Council could go either way, but he had prepared a formal Motion for the Council to consider. Copies of the Motion were distributed to the City Council. Council President Hill stated the Council is satis- fied with the Natural Environment Element as it now stands. Attorney Fleming stated the legal result of adopting this Motion is that there is no legal affect. When the Element comes up again for consideration, the Council can freely amend it and act upon an ordinance in its final form to create the law. He recommended taking each step one at a time. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE COUNCIL APPROVE MOTION 76 -1 FOR ADOPTION AS PRESENTED.* City Clerk Shirlee Kinney read Motion 76 -1. *CARRIED. MOVED BY MS. HARRIS, SECONDED BY SAUL, TO AMEND THE AGENDA TO ADD THE PREVIOUS PROPOSED RESOLUTION INTRO- DUCED BY THE CITY COUNCIL REGARDING THE NATURAL EN- VIRONMENT ELEMENT. CARRIED. MOVED BY MS. HARRIS, SECONDED BY SAUL, THAT PROPOSED RESOLUTION RELATED TO COMPREHENSIVE PLANNING, DECLARING THAT THE NATURAL ENVIRONMENT ELEMENT IS ADOPTED AS PART OF THE COMPRE- IIENSIVE PLAN, AND SUPPLEMENTING THE COMPREHENSIVE PLAN OF THE CITY BE WITHDRAWN. CARRIED. TUKWILA CITY COUNCIL MEETING February 2, 1976 Page 8 FIRST READING OF ORDINANCES Ord. 962 Establishing directing issuance of LID #26 Bonds RESOLUTIONS Proposed resolution Authorizing agreement w /Puget Power for undergrounding utility facilities Proposed resolution Authorizing agreement with Pacific Northwest Bell for underground ing utility facilities Resolution 509 Designating local agent to obtain cer- tain Federal financial assistance re: Disaster Relief Act DEPARTMENT REPORTS Mayor's Report /V S MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Fleming read proposed ordinance fixing the amount, form, date, interest rate, maturity and denominations of Local Improvement District No. 26 Bonds and direct- ing the issuance and sale thereof to Foster Marshall Inc., Seattle, Washington, by title only. MOVED BY HILL, SECONDED BY SAUL, TO DECLARE PROPOSED ORDINANCE AN EMERGENCY AND PLACE IT ON ITS SECOND READING BY TITLE ONLY. SECOND AND MOTION WITHDRAWN. MOVED BY HILL, SECONDED BY SAUL, TO SUSPEND THE RULES AND ADOPT ORDINANCE 962 AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ.* Councilwoman Harris stated there are some legal questions and she suggested the Council reject the previous Motion and be briefed by the City Attorney. Attorney Hard stated he spoke to Mr. Adams in the State Auditor's Office who indi- cated concern with the City of Tukwila's use of the funds for this purpose of providing underground utilities while retaining no ownership interest in the lines. He questioned whether this was the proper action by resolution and suggested an LID be formed for the improvements. He requested the City Attorney be granted time to examine these questions and report at the next Council meeting. Council President Hill stated there may be considerable reason for concern since the City four years ago already installed some undergrounding at no cost to the citizens. *CARRIED, WITH HARRIS VOTING NO. Attorney Fleming read pro- posed resolution authorizing the Chief Executive Officer to execute an agreement on behalf of the City of Tukwila with Puget Sound Power Light Company for undergrounding of facilities as per the Comprehensive Plan and established tariffs. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESO- LUTION BE READ. CARRIED, WITH HARRIS VOTING NO. Council President Hill stated the City Attorney may review these two resolutions during the next two weeks before the next City Council meeting. Attorney Fleming read proposed resolution authorizing the Chief Executive Officer to execute an agreement on behalf of the City of Tukwila with Pacific Northwest Bell for undergrounding of facilities as per the Comprehensive Plan and established tariffs. Mayor Bauch explained the purpose of the resolution is to make application to the Federal authorities for Disaster Relief funds in conjunction with the recent flooding. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PUBLIC WORKS DIRECTOR BE DESIGNATED AS AGENT FOR THE CITY OF TUKWILA. CARRIED. Council discussed the form of the proposed resolution. MOVED BY MS. PESICKA, SECONDED BY TRAYNOR, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Fleming read proposed resolution, designation of applicant's local agent. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULES AND ADOPT RESOLUTION 509 AS READ. CARRIED. Mayor Bauch announced King County has formed a com- mittee by resolution to make the final selection of a name for the South Area King County Park and Athletic Facility. The committee consists of two TUKWILA CITY COUNCIL MEETING February 2, 1976 Page 9 DEPARTMENT REPORTS Cont. Mayor's Report Cont. RESOLUTION Proposed resolution Authorizing agreement with King County for SEA -KING services for 1976 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS City Attorney comments City Hall site representatives from Seattle, two from the County, one from Tukwila and one from the Tukwila Historical Society. Mayor Bauch stated he appointed Mrs. Marie Gardner from the City and the Historical Society has appointed Mr. Rudy Regel. Mayor Bauch stated he spoke to Mr. Desimone about the acquisition of his property for City Hall. Mr. Desimone stated the property is for sale and the starting price for negotiations is $150,000. Mayor Bauch announced the trial date for the Benjamin F. McAdoo vs. the City of Tukwila lawsuit has been set June 9, 1976. Mayor Bauch announced Barney Ruppert, Building Director, has tendered his resignation effective February 27, 1976 to retire to Whidbey Island. MOVED BY SAUL, SECONDED BY TRAYNOR, TO AMEND THE AGENDA TO CONSIDER A PROPOSED RESOLUTION. CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Attorney Fleming read proposed resolution authorizing the Mayor and the City Clerk to execute an agreement with King County for SEA -KING communication system services for the year 1976, by title only. Council- man Saul asked about the advantages of the State's system over the County system. Police Chief John Sheets explained the ACCESS system and its function as opposed to the greater services of the SEA -KING system. Discussion continued. MOVED BY MS. HARRIS TO CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING. MOTION FAILED FOR LACK OF SECOND. Attorney Fleming stated he and his associates were honored to be selected at the City Attorneys for the City of Tukwila, and already the firm has quite a volume of work to attend to. Attorney Hard and Attorney Toone will be acting as deputies for Munici- pal Court and Attorney Hard will also be attending the City Council meetings. Other responsibilities will be divided. He stated they have reviewed the Tukwila Municipal Code and they will be meeting with the City Council to consider Book Publishing Co.'s recommendations. Councilman Traynor stated it appears the next step is to get the Desimone property appraised. Mr. Frank Todd requested the City Council to request Mayor Bauch to get firm written intention from Mr. Desimone including the price offered to the City. MOVED BY HILL, SECONDED BY MS. PESICKA, TO AUTHORIZE THE MAYOR TO CONTACT MR. DESIMONE TO SEE IF HE WOULD ACCEPT THE APPRAISED PRICE OR $150,000, WHICHEVER IS LESS, IF WE MUTUALLY AGREE TO AN APPRAISOR.* Mr. Todd also suggested the condemnation process be re- searched because Mr. Desimone may be receptive to that transaction for tax purposes. Councilwoman Harris suggested the Council consider the location in light of the Police Dept. functions when we have stated before we wanted to avoid bringing suspects into the residential area. Discussion continued. *CARRIED, WITH MS. HARRIS VOTING NO. TUKWILA CITY COUNCIL MEETING February 2, 1976 Page 10 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS City Attorney fees Council President Hill commented he had been present at all of the Council's budget hearings and had asked about an agreement with the legal firm. He requested an explanation of the $18,000 retainer to be invoiced monthly and the $10,000 annual retainer for Deputy City Attorney to be invoiced monthly for land use matters. Mayor Bauch replied this is provided in the City Attorney's budget. Council President Hill stated he felt the intent was to provide the land use fees in the event that we needed additional help, not as an automatic monthly retainer. Mayor Bauch stated his letter of appointment specified the firm was being retained both as City Attorney and as Deputy City Attorney per the T.M.C. for land use matters. The fees were placed in the budget during the prelim- inary hearings. Councilman Van Dusen stated it was also his impression that the land use funds were placed in the budget for the attorney to draw upon. The letter written by Mayor Bauch also stated that Larry Hard would be the designated City Attorney. Ordinance 925, creating the office of Deputy City Attorney for these specialized legal services, states the Mayor shall appoint this position. He stated he did not understand how Mr. Fleming can be the City Attorney when Mr. Hard was appointed and confirmed by the City Council. Mayor Bauch stated since the time he wrote his letter of appointment, he spoke to Mr. Fleming about the fact that Mr. Fleming is the senior partner of the firm and it would be inapprop- riate to have named Mr. Hard as City Attorney and Mr. Fleming as his deputy. The City Attorney can appoint as many deputies as he so chooses as long as it is within the limits allowed within the budgeted retain- er. Mr. Fleming further explained the hierarchy within the law firm regarding their establishment of responsibility. Councilwoman Pesicka stated she felt then that the City Council should act upon the appointment of Mr. Fleming as the City Attorney. Councilman Van Dusen stated he felt this was accom- plished behind the scenes and that the Council should correct it. Attorney Fleming stated he understands it is the long- standing practice of the City to have an individual named as City Attorney even though the firm has been retained. Council President Hill again questioned the monthly payment for Deputy City Attorney for land use under budget item 31.02. Councilwoman Harris stated she felt there is a need for the land use attorney as an on -going function for the Planning Department, the Planning Commission and the City Council. Attorney Hard stated since the firm has become involved, 50% of the time is spent on land use matters with the Planning Department, and we have decided there is a great need for the services. Council President Hill stated if that is the case, then the budget is in error. Mr. Frank Todd suggested the City Council scrutinize the ordinance for Deputy City Attorney because it appears from it that the City Attorney has no legal duties inasmuch as a Deputy City Attorney has been appointed. Also it may be illegal to pay the $10,000 for the land use attorney. ADJOURNMENT MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE 11:26 P.M. CITY COUNCIL MEETING ADJOURN. CARRIED. .64-71/ Edgar/ .Bauch, Mayor Shiilee A. Kinney, Qity Clerk