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HomeMy WebLinkAbout1976-02-17 Regular MinutesFebruary 17! 1976 TUKWILA CITY COUNCIL 7:00 P.M. CALL TO ORDER AND FLAG SALUTE ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL APPOINTMENTS Planning Commission Park Board REGULAR MEETING M I N U T E S Tukwila City Hall Council Chambers Mayor Bauch led the Pledge of Allegiance and called the City Council meeting to order. GARDNER, HILL, SAUL, MS. PESICKA, VAN DUSEN. MOVED BY HILL, SECONDED BY SAUL, THAT TRAYNOR BE EXCUSED FROM THE REGULAR MEETING. CARRIED. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT MS. HARRIS BE EXCUSED FROM THE MEETING. CARRIED. City Clerk Shirlee Kinney, Public Works Director Steve Hall, Planning Director Kjell Stoknes, Deputy City Attorney Larry Hard. MOVED BY HILL, SECONDED BY SAUL, THAT THE MINUTES OF THE FEBRUARY 2, 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. Council President Hill stated there was one voucher that he felt needed to have a policy set by the Council. He added that he did not mean to pick on any one Council Member but one had sub- mitted a bill for attending a school. He said that Department Heads needed approval before they could attend schooling and he wondered how the City Council felt about the matter should a City Council Member obtain approval before attending such school- ing and presenting the bill? Councilman Van Dusen suggested that the City Council approve such schooling before they get paid that the Council Members need to get approval from someone the same as Department Heads. Councilman Saul stated that the City Council Members attend these schools on their "off" time and he asked the amount of the voucher. Council President Hill stated it was for $16.00 and he was wondering how the other Council Members felt about the procedure policy. Councilman Saul stated that he thought the procedure to follow would be to get prior Council approval before attending school and present- ing the bill for payment. Council President Hill stated that the City Council would then make it a policy for City Council Members to obtain prior appro- val before attending conferences and schools and presenting the bill to the city. *CARRIED. Vouchers #7764 7868 Current Fund #7764 #7834 Street Fund #7835 #7847 Fed. Rev. Shg. #7848 #7849 Water Fund #7850 #7857 Sewer Fund #7858 #7867 W/S Const. #7868 #7868 17,883.63 4,021.56 1,324.61 442.10 9,355.26 3,143.00 36,170.16 MOVED BY SAUL, SECONDED BY HILL, THAT MR. LIONEL C. BOHRER BE APPOINTED TO POSITION NO. 5 ON THE PLANNING COMMISSION AS STATED IN MAYOR BAUCH'S LETTER* Council President Hill stated that he did not know Mr. Bohrer. Mayor Bauch stated that he was in the audience, has resided in Tukwila for three years and he had actively participated as a citizen member for the review of the Comprehensive Plan on the Open Space Element and had showed his interest in the development of the City of Tukwila. *CARRIED. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT MR. WALT HOEFLING BE APPOINTED TO FILL THE UNEXPIRED TERM OF POSITION NO. 2 WHICH EXPIRES MARCH 31, 1976 AND ALSO TUKWILA CITY COUNCIL MEETING February 17, 1976 Page 2 APPOINTMENTS Contd. Park Board Contd. PUBLIC HEARINGS Proposed Open Space Element of the Comprehensive Plan Up -date 1 4/6S FOR THE NEW TERM COMMENCING APRIL 1, 1976 AND EXPIR- ING MARCH 31, 1979. CARRIED. Mayor Bauch declared the public hearing open at 7:10 P.M. Planning Director Kjell Stoknes stated the Open Space Committee had recommended four objec- tives in the proposed open space element of the comprehensive plan. Objective 1 would provide for an adequate and diversified supply of open spaces and include them in an open space system. This objective concerns the first element of the open space system, namely the open spaces (or parts). These may include active recreational facilities like a softball field, passive recreational facilit- ies like picnic grounds, parks or forests, and they may be publicly owned like a park or privately owned like a golf course. They may be lands with low development opportunity and /or high natural amenity. Lands which have low development opportunity and /or high natural amenity value have been identified in Natural Environment element and should be utilized in the open space system. These areas include, but are not limited to, steep hillsides, landslide areas, wooded areas, and water features like marshes and streams. It is the intent of this objective to make these lands more accessible to the public by visually or physically relating them to the recrea- tional facilities of the open space system. The policy shall be to strive to preserve steep hillsides and wooded areas in a scenic condition. Encourage replanting and revegetation of denuded areas not in the process of development; to encourage the preser- vation of marshes, ponds, and watercourses for open space purposes and include them in the open space system; provide for active recreation areas (ballfields, tennis courts, swimming pools, play- grounds, community center) consistent with the needs of the community; provide for passive recreational areas (parks, natural reserves, picnic grounds) consistent with the needs of the community; locate public recreational facilities where they are easily accessible to the resident population; insure that the public use of open space lands does not inter- fere with the private use of surrounding private property; encourage commercial recreation and uses of an open space nature to locate or remain in the Planning Area; preserve significant cultural, histor- ical, or architectural elements in the Planning Area. Objective 2 would establish a safe path or trail system which serves to link the open spaces forming an open space system. By linking open space, a total system can be achieved that is greater than the sum of its parts. Connective links or pathways are worthwhile in their own right, but they become even more effective when they tie other open spaces together. The total effect is geometric, not simply arithmetic, and it allows a person on foot, bicycle, or horse to move from one area of interest to another in an attractive environment. Trails and paths currently exist throughout the Tukwila Planninc Area, and are used by the residents for recreation and for the utilitarian function of facilitating pedestrian traffic from point to point. These trail: must be identified in order to be incorporated into the formal trail system. The policies shall be to create a trail system consisting of lowland and up- land trails and link them together at strategic points; gain trail easements and open space along TUKWILA CITY COUNCIL MEETING February 17, 1976 Page 3 PUBLIC HEARINGS Contd. Proposed Open Space Element of the Comprehensive Plan Up -date Contd. /4:,G the Green River and incorporate them into the low- land trail and open space system; connect concentra- tions of commercial /retail activity with the pathway network; trail easements should be gained through, in, or along areas of high natural amenity; where appropriate, construct pathways in existing street rights -of -way in order to help establish a pathway system; where possible and where no public rights -of -way are available, gain trail easements through private property, consistent with private property rights, in order to help establish the trail system; and the trail system should be compat- ible with pedestrian and bicycle traffic but motor- ized vehicles should be strictly prohibited. Objective 3 is methods for implementing the open space program which would minimize the economic impact on the taxpayer and landowner. Fee simple or outright purchase of recreation and open space land represents the most common, direct, and usually the most expensive way of acquiring open space. There are other methods in addition to fee simple purchase, however, through which the public can secure open space. Lease of trail easements or tax relief on farmland are but two examples of methods in which the City can retain open space without actual purchase of land. The policies are tc encourage the use of Open Space Taxation on lands in the Planning Area which are eligible for such tax practices; building and zoning regulations should offer some flexibility in their requirements with regards to developments which offer to set aside a portion of the property in open space; sce- nic, access, or trail easements should be obtained in or through areas which are critical to the over- all open space system; strive to maximize the effec- tiveness of the local tax dollar spent on park and trail acquisition and development by seeking match- ing monies from other sources. Objective 4 is to complement and enhance the Tukwila Open Space Plan through coordination with regional plans for parks, trails, and open space. Planning for parks without regard for the park and open space programs of other jurisdictions can lead to unnecessary duplication and disjointed open space systems. By considering other jurisdictions pro- grams in the planning process, trail systems can be tied together, parks and open space facilities can be complemented and the user of the open space sys- tem will be richer for it. Policies are to coordin- ate with Renton, Kent, and King County on shoreline planning for the Green River; and to coordinate with Renton, Kent, and King County on trails planning. MOVED BY HILL, SECONDED BY SAUL, THAT A FORMAL MOTION ADOPTING THE PROPOSED OPEN SPACE ELEMENT OF THE COMPREHENSIVE PLAN UP -DATE BE PREPARED FOR THE NEXT CITY COUNCIL MEETING AND ACTION WILL BE TAKEN UPON IT AT THAT TIME.* Councilman Gardner made the statement that these shorelines programs and envir- onmental impact programs like this preliminary draft on open space what good is all of this if we are going to be by- passed? Steve Hall, Director of Public Works, stated that all of this was before the City had a Shoreline Management portion of the Act and it was covered under the King County and State Flood Control Permit System. That was the problem that the City ran into. This was prior to Shoreline Management. *CARRIED. TUKWILA CITY COUNCIL MEETING February 17, 1976 Page 4 PUBLIC HEARINGS Contd. Proposed Open Space Element of the Comprehensive Plan Up -date Contd. OLD BUSINESS Report on City insurance package Southcenter Parkway Pavement Overlay, 1975 Charles Baker, Executive Director of Tukwila Indus- trial Council, stated that he was holding in his hands a letter written by Mr. Thomas Bernard, of Cabot, Cabot, and Forbes, presented to the Council on January 19, 1976 at the City Council Meeting. He added that Mr. Bernard in his letter stated that he felt it would be to the best interests to the citizens of Tukwila if the following objectives were followed: (1) Not to create a public nuisance for private property owners; (2) No interference with rights of property land owners; (3) Acquisition of easements, title, etc. without voluntary- consent of land owners. He stated that the discussion did not appear to be contrary to the objectives set forth in Mr. Bernard's letter and he felt these objectives were important. Mr. Joseph Johanson, audience, asked if there has been a change in Council policy regard- ing final adoption of the Comprehensive Plan as it goes through its various stages is it to be adopted in final form in one of the motions, rather than piece -meal as it went through? Ms. Pesicka said that the Council had decided rather than to draw up a resolution for each one, they would make a motion tentatively passing it and that later they would have the intent of passing the complete thing. The motion that had been made was a motion of intent. Mayor Bauch explained that it was the decision of the Council to adopt a formal motion of intent to adopt this at a later date when all five elements were available. At the first public hearing we had there were considerable comments from the floor saying that until we hear what all of the elements are and what the content of all of the elements are that they felt it should not be adopted by resolution The Council felt that they could make the motions, or changing them by motion, would be much easier than drawing up resolutions to change the resolution so this is the method they are using for all five elements. MOVED BY HILL, SECONDED BY SAUL, THAT THE PUBLIC HEARING BE CLOSED. CARRIED. Mayor Bauch declared the public hearing closed at 7:25 P.M. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE CITY POSTPONE GOING TO BID ON THE INSURANCE UNTIL JANUARY 1977 AND THAT AN AD HOC COMMITTEE BE FORMED TO INVESTIGATE OUR INSURANCE COVERAGE. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE AGENDA BE AMENDED TO CONSIDER LETTER FROM STEVE HALL, DIRECTOR OF PUBLIC WORKS, AT THIS TIME. CARRIED. The letter from Public Works Director Steve Hall to City Council President George Hill was read by City Clerk Shirlee Kinney in which he stated that the Associated Sand and Gravel Company was awarded a contract during 1975 for the overlay of Southcenter Parkway from South 180th to the most southerly ent- rance, and a recommendation for acceptance was never sent to the City Council. He continued that by this letter he was recommending the acceptance of this project as it was completed to the City standards as TUKWILA CITY COUNCIL MEETING February 17, 1976 Page 5 OLD BUSINESS Contd. Southcenter Parkway Pavement Overlay, 1975 Contd. NEW BUSINESS set forth in the plans and specifications for this project and has been accepted by his department. If the Council concurs in this project, the retainage due the contractor may be released. MOVED BY HILL, SECONDED BY SAUL, THAT STEVE HALL'S RECOMMENDATION BE ACCEPTED. CARRIED. Subdivision application, Mayor Bauch stated that with respect to the sub Frank Todd division application of Frank Todd, the Council had clarification from Kjell Stoknes, Planning Director. Frank Todd, applicant, stated that he felt it would be in order for the Council to have a public hearing on this matter. He added that he did not want to discuss the matter until a public hearing was held. Mayor Bauch replied that the recommendation from the Planning Director to the City Council tonight is to set a public meeting. Planning Director Kjell Stoknes said that just for a brief review the Planning Commission had a public hearing on January 29 that recommended approval of the applica- tion. He stated that it is before the Council now as State Law says that the Council here sets a meeting a public meeting date not necessarily a public hearing. Assuming you do that for your next Council Meeting on March 1 you have the option to adopt the Planning Commission's recommendation, this would finalize the preliminary subdivision and it would then go back to final design by the engineer, come back to the Planning Commission for final plat approval and then back to the Council for final plat approval with the Planning Commission recommendation. After this point it would be filed with the King County Department of Records and Assessments. That would be the final process on it. If, on March 1, the other option in the State law says you can reject the Planning Commission recommendation. In that case, you have to set a public hearing. The request can be approved or denied. If it is denied the applicant has the option of dropping it or going to court. If it is approved the applicant goes back to the drawing board with the final design and then the final plat is processed through the Planning Commission or the Council. He continued that the basic step tonight would be to set a public meeting date in which you decide whether you agree with the Planning Commission recommendation. Mr. Stoknes stated he did not know the legality involved if the Council wants to set a public hearing tonight. The step -by -step R.C.W. is first meeting set the public meeting date, the second hearing decide you agree or do not agree with the Planning Commission recommendation. If you agree, you are done; if you do not agree you have to have a public hearing. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT A PUBLIC MEETING BE HELD ON MARCH 1 AT 7:00 P.M. TO HEAR SUB- DIVISION APPLICATION BY FRANK TODD. CARRIED. Building Director Mayor Bauch asked City Clerk Shirlee Kinney to read vacancy recommendation his letter to the City Council and Steve Hall's letter from Mayor letter to Mayor Bauch stating that Mr. Barney Ruppert's last day of work will be Friday, February 20, 1976 and recommending that Mr. Al Pieper, the present Building Inspector be promoted to the posi- tion of "Code Enforcement Officer." Mr. Hall also recommended a salary which falls approximately half- way between Mr. Pieper's present salary of $947 per month and Mr. Ruppert's salary of $1,300 per month. This would establish the beginning salary at $1,100 per month. Mr. Hall stated in his letter that he 4 19 6adar will not be hiring a new Building Inspector at this 4;3ttres fps- time as the work load does not require the filling 'OQ. kwt\. TUKWILA CITY COUNCIL MEETING February 17, 1976 Page 6 NEW BUSINESS Contd. Building Director vacancy recommendation letter from Mayor Contd. Phase I Development of Christianson Rd. RECESS 8:10 P.M. 8:20 P.M. SECOND READING OF ORDINANCES Ord. Ordering improvements re: L.I.D. #28 46 of this position. However, he requested that the full Building Official's salary and the Building Inspector's salary be left in the budget at the 1976 established wage. Although they might not be utilizing these funds in direct salaries, they may possibly need to use a portion of them through an inspection firm to augment Mr. Pieper's peak work load. Council President Hill stated that this change would have to be in the form of an ordinance to revise the budget. MOVED BY VAN DUSEN, SECONDED BY MS. PESICKA, THAT THE COUNCIL CONCURS WITH THE RECOMMENDATION OF PUBLIC WORKS DIRECTOR STEVE HALL AND HAVE AN ORDINANCE DRAWN UP TO AMEND THE BUDGET AS REQUIRED. CARRIED. Kjell Stoknes, Planning Director, stated that the Tukwila Park Board had recommended that the City Council authorize direction set forth in the "Scope of Project for 1976" and also recommended that the trail comply with the criteria stated in the "Design Goals." He added that the development of Christianson Road has also been demonstrated to be a project of high priority to citizens as shown in a public meeting as well as the City Council Members themselves. In order to begin work on this project, the City Administration is requesting the following commitments from the City Council: Allow construction of a finished demonstration trail sec tion beginning at the Bicentennial Cabin and contin- uing south until budgeted monies are expended; allow construction of a 12 foot paved service from Tukwila Parkway to South 180th Street; allow a total expen- diture of up to $85,000 for the development of Christianson Road during 1976, that the final design be done in conformance with the design goals as stated on the conceptual diagram. He added that we are asking for about 25% of the cost to be paid for by the City. He said that pedestrians would be given priority over automobiles and bicycles and he felt it is important to move right along on this project, they would like to get going by late spring and have a trail in use by late summer or early in the fall. Mr. Stoknes said there are several source of funding. Councilman Saul stated that he was really impressed with the project and he hoped that the City moved right ahead on this. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT WE MOVE FORWARD IN THE BICENTENNIAL SPIRIT AND BUILD A TRAIL ON CHRISTIANSON ROAD USING MONIES FROM THE PARK TRUST FUND AND LAND ACQUISITION FUND. CARRIED. Mayor Bauch said that the budget transfer would be made and everyone would be kept apprised of the progress of this project. MOVED BY MS. PESICKA, SECONDED BY HILL, 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 stated that at the Council of the Whole Meeting the Council had requested an opinion from the City Attorney regarding the City's participation in this L.I.D. and also late comer's agreements. Deputy City Attorney Hard said that basically the answer was that the City can partici- pate in this program under certain circumstances. TUKWILA CITY COUNCIL MEETING February 17, 1976 Page 7 SECOND READING OF ORDINANCES Contd. Ord. Ordering improvements re: LID #28 Contd. 147o He cited a similar case involving the City of SeattlE in 1972 which was upheld by the courts. He said that it depends somewhat on the facts, but he thought generally it can be done. Council President Hill asked in what manner the City could participate the undergrounding? Deputy City Attorney Hard said there would have to be equality. Council President Hill then asked about the late comer's agreement. Deputy City Attorney Hard said he thought that was also possible, he said that he had tried to find something on this to give him guidance, but he thought a late comer's agreement could be worked out. Council President Hill asked how this would be handled? If the City participated in one or two parcels, then would they file a lien on the property so it could not be sold without paying off the LID? Deputy City Attorney Hard said it could be done that way but it would have to be agreeable to both parties. Mayor Bauch stated that the Council has an Ordinance up for its second reading and asked what was the pleasure of the Council. Council President Hill stated that for information he under- stood that the north portion of the parcel was taken out. Public Works Director Steve Hall answered that was right. Council President Hill said that due to Mr. Esping not really needing this street except perhaps as an access to the rear of the property could the City participate in that and then when the property was sold it is zoned RMH the pay- ment could be made at that time. When the road goes up both sides of property it is hard to say this property benefits and this one does not. Would the Ordinance have to be rewritten to do this? Mayor Bauch asked for the Deputy City Attorney's opinion on this matter and he said that it might have to be rewritten, that he had not seen the ordi- nance. Mayor Bauch explained that this Ordinance was written by Mr. Parker, former City Attorney. Public Works Director Hall stated that there is a provision in the law that you may make minor revis- ions in a description or the preliminary assessment roll, but when it is major revisions in the prelimi- nary assessment roll he did not know, Mr. Hard would have to answer that. Councilman Saul said that if you say that you want to eliminate some of the properties to come in later, how can the fellow next to him, Mr. Wynn, or the Tukwila Association, not say the exact same thing and the City is doing all of the cost of the project. Council President Hill said that it has been stated many times that the Tukwila Association does not have an access to Maca- dam except out on 152nd, that entering traffic at that angle, as an example, and it is rather steep there there is about a 6 to 8 foot bank they would have to use 152nd, they cannot come down farther south, but Mr. Esping's is all flat and is at the level of Macadam at the present time. That is where he is in a quandry, he continued, do you do it for one and not for another? He said the City would end up paying Tukwila Associates, Esping, and Mr. Wynn's, collecting at a future date 5 years, 10 years, or 2 years. Mr. Dobson, attorney for Rod Esping, said that he would like to say a few words in behalf of his client. He said that he knew Mr. Esping had been before the City Council before in protesting this LID. He said that he woulc like to review briefly the basis for his protest. He asked about the statement in the newspapers that there would be approximately 1,000 people on the hill. He wanted to know if there was an environmen- TUKWILA CITY COUNCIL MEETING February 17, 1976 Page 8 SECOND READING OF ORDINANCES Contd. Ord. Ordering improvements re: LID 28 Contd. /47/ tal impact study made that arrived at that figure. Mayor Bauch stated there was not an environmental impact study made, this figure was based on the density and the number of buildings that are going in Mr. Dobson stated that Mr. Esping has found it very difficult to determine how his property was going to benefit by this LID. He said that Mr. Espin< has already paid for sewer for his frontage on Macadam Road and now it is proposed that he be assessed for the other; he has been paying for the water on Macadam Road and it is proposed that he be assessed for water on the side street. Councilman Traynor arrived at the meeting at 8:30 P.M, and took his seat at the Council Table. Mr. Dobson continued that the Council saw fit to eliminate part of his property from the LID. He stated his question was what property specifically would this LID benefit? He asked what other access is there other than this proposed LID to the property south of the LID. He asked if that property was not specifically benefitted. He said there was the matter of the degree of benefit. Mr. Esping's pro- perty may benefit some but not to the degree that the other property would. He said there was also the question with regard to the development agreement that was entered into several years ago, back in 1968. When the Smith property was reclassified the develop- ment agreement specifically said that the owner of that parcel would improve south 152nd Street east of 57th Avenue South and that the owner of the pro- perty would widen the easterly half of 57th Avenue South and bring it up to minimum standards; that the owner will provide water mains; that the owner will place power and telephone wire underground on 152nd Avenue South, but it does not restrict it it says on 152nd and that the owner will provide adequate sewage. This owner apparently in renegotiating the classification of this property found it beneficial to agree to do this. Now under this LID are these things taken into consideration? The agreement goes farther to say "In addition to these others he will participate in an LID for the widening and improving 152nd Street from Macadam to 57th Avenue South." Public Works Director Hall stated that the Smith pro- perty has sanitary sewer to serve the existing apart- ments he is now constructing they are adequate the water he has served through his property. Deputy City Attorney Hard said that Mr. Esping has a point in that he had paid for water and sewer and this should be taken into consideration. Council President Hill said that Mr. Hall, Director of Public Works, had given an estimate that had come up from Planning that from 57th to Macadam there will not be any new water or sewer installed. That will not be part of the LID. The only water that will be instal- led will be from 57th Avenue east of 152nd to even- tually tie in to 151st in order to make a loop system. The portion of the road from Macadam to 57th it was their estimate I think the figures were $167,000 to complete that portion of it. From 57th up to the end of 152nd the cost of that would be approximately $90,000. Mr. Smith, who is developing the yellow portion, $90,000 is what it would cost to completely develop what he has agreed to develop. Thus he has an assessment of $148,000 so he is actually paying $58,000 of the Macadam 257th por- tion of that LID and originally that road was put in and surfaced by Smith who was developing. The roads that are in now were put in by him. As far as the agreement goes, Council President Hill continued, Mr. Smith has met all of the requirements because of TUKWILA CITY COUNCIL MEETING February 17, 1976 Page 9 SECOND READING OF ORDINANCES Contd. Ord. Ordering improvements re: LID #28 Contd. RESOLUTIONS Res. 510 Surplussing P.D. motorcycle to Highline College Res. 511 Authorizing Chief Exec. Officer to enter into agree- ment retaining Stevens, Thompson Runyan for Southcenter Blvd. project Res. 512 Authorizing Chief Exec. Officer to execute agreement with Pac. NW Bell for undergrounding the $90,000 he is completing his portion that is inside his property he is paying for all of that plus he is paying $58,000 on 57th and Macadam. Our City Attorney might give us an opinion but it app- ears that Mr. Smith has met his commitment. Deputy City Attorney Hard said that in taking Mr. Hall's word, it appears that Mr. Smith has fulfilled his requirement. Councilman Traynor stated that in the information that was received from Public Works Director Hall an Alternate II was presented, which would appear more fair. Mr. Gus Nikataini stated that the Smith property would benefit mostly from the LID. Councilman Traynor said the need of the road was not a debatable item, it has to be done. The problem is to get the yellow property on the map to pay their fair share. He stated it was his thought that Alternate II would take the best care of this. Deputy City Attorney stated that there might be need for a new ordinance. He said that in his opinion there are some legal risks in Alternate II. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT AN ORDINANCE BE PREPARED TO ENCOMPASS ALTERNATE II.* The discussion continued with Councilman Van Dusen asking if Mr. Esping is being assessed fairly. Councilman Traynor stated that he would like to have Deputy City Attorney Hard pursue the idea of a late comer's agreement then when the people develop their land they will pay their fair share. *CARRIED. MOVED BY HILL, SECONDED BY TRAYNOR, THAT PROPOSED RESOLUTION BE READ. CARRIED. Deputy City Attorney Hard read the proposed resolution. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULES AND ADOPT RESOLUTION 510 AS READ. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Deputy City Attorney Hard read the proposed resolution. MOVED BY HILL, SECONDED BY TRAYNOR, TO SUSPEND THE RULES AND ADOPT RESOLUTION 511 AS READ.* Mayor Bauch stated that Public Works Director Steve Hall has said that the last sentence of the last paragraph was a matter of negotiation and would cause a two week delay. He recommended that this sentence be taken out of the resolution. Councilman Traynor asked if these engineering services would be moved around on a rotational basis and Mr. Hall said they would. MOVED BY HILL, SECONDED BY SAUL, THAT THE RESOLU- TION BE AMENDED TO DELETE THE LAST SENTENCE IN THE LAST PARAGRAPH. *CARRIED. *CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Counci. President Hill said that the City Attorney had not felt it was legal. Deputy City Attorney Hard stated that he had reviewed the resolution and felt it was legal and is for the public welfare. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT RESOLUTION 512 BE ADOPTED.* Deputy City Attorney Hard said that the resolution was not drafted by him, but he felt that it met the requirements. *CARRIED. TUKWILA CITY COUNCIL MEETING February 17, 1976 Page 10 RESOLUTIONS Contd. Res. 513 Authorizing Chief Exec. Officer to execute agreement with Puget Power for under grounding Cable TV Res. 514 Authorizing execution of agreement with King Co. for SEA -KING services DEPARTMENT REPORTS Mayor's Report 1 473 MOVED BY HILL, SECONDED BY VAN DUSEN, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Deputy City Attorney Hard read the resolution by title. MOVED BY VAN DUSEN, SECONDED BY MS. PESICKA, THAT RESOLUTION 513 BE ADOPTED. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE AGENDA BE AMENDED TO ADD DISCUSSION REGARDING CABLE TV. CARRIED. Mayor Bauch referred to a letter from TelePrompter dated in June stating that they would participate in the undergrounding ordinance at no cost to the City. The local Cable TV people said they did not have the authority to participate, but the letter from the New York office said they could participate and absorb the full cost. Mayor Bauch stated he was wondering about the need of a contract with them. Deputy City Attorney Hard stated that he would recommend that the City have a contract with them and that they submit it in their form. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT THE CITY OBTAIN A CONTRACT WITH TELEPROMPTER BY RESOLUTION FOR CABLE TV. CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. The Deputy City Attorney read proposed resolution by title only. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION 514 BE ADOPTED. CARRIED. Mayor Bauch stated that in accordance with the instructions given to him by the City Council, he and Council President Hill had an appointment with Mr. Desimone and he indicated he would be willing to sell at a price of $150,000 or the appraised price, whichever was lesser. The McAbee preliminary appraisal will be in the City office tomorrow and the final written appraisal will be in the City in about one week. The City Council has funded money for a clean -up this spring and Mayor Bauch stated he would appreciate suggestions for a chairman for this committee. The chairman would coordinate the acti- vities. Ms. Pesicka stated that Mayor Bauch had done such a good job last year that he likely had someone in mind for this year. Mayor Bauch said it had been suggested that the period of time for the clean -up be longer than the week and it had also been suggested that it be earlier in the year to pick up all of the trimmings of the shrubbery. Mayor Bauch said that he and Councilman Gardner had attended some meetings with County Councilman Mooney and Representative Brock Adams. Valley mayors and representatives are being briefed on the status of flood control and if the valley cities really want flood control they can find out what to do to get the federal agencies to cooperate It may cost around $75,000 to get a study of the flood control in the valley and the purpose of the study is to come up with a plan as to how it should be funded. There was a proposal to set up zones in the County a map was delivered this afternoon which depicts such zones and it will be shown at the next Committee of the Whole meeting. Mayor Bauch reported that Chief Crawley had been notified that Tukwila has placed seventh in the nation in cities 10,000 and under for Code Enforce- ment and fire prevention. TUKWILA CITY COUNCIL MEETING February 17, 1976 Page 11 DEPARTMENT REPORTS Contd. Mayor's Report Contd. Mayor Bauch stated that Public Works Director Steve Hall has determined the official area of the City for planning purposes and that the City is 4.2 square miles and it ranks as the 37th largest city in the State. City Treasurer's monthly report of investments MISCELLANEOUS FURTHER AUDIENCE COMMENTS Discussion: City Attorney contract Discussion: Change in time of the City Council meeting Councilman Saul read the cover letter of the Treasurer's Report. (Y7'I Council President Hill read a letter from Pacific National Bank of Washington, Tukwila, commending Police Chief Sheets and the Police Department for their action during a recent hold up at their bank. Council President Hill read a request from Mayor Bauch for time to make film presentation at the Committee of the Whole Meeting on February 23 regarding the Neighborhood Crime Prevention. Deputy City Attorney Hard stated there will be a Coroner's Inquest on Thursday, February 19, regarding the recent bank hold up and shooting. Council President Hill stated that he wondered about Ordinance #925, Appointment of City Attorney, that he had no argument with the firm as it was an appoint- ment by the Mayor and confirmed by the City Council, but he noted that Larry Hard had been designated in a letter as the City Attorney and later Mr. Fleming was sworn in as City Attorney. Council President Hill wondered if these two differences might be picked up in a court case. Deputy City Attorney Hard stated that the nomination was the law firm of LeSourd, Fleming, Patten and Hartung. He added that they would have preferred not to have any individuals named but Mr. Fleming has been designated as City Attorney. He added that the City Council would not have to worry about legal technicalities in the dis- tinction of City Attorney and Deputy City Attorney. Councilman Traynor stated that he would like to see in writing a letter to the City Council that they did confirm the law firm of LeSourd, Fleming, Patten, and Hartung with Mr. Fleming as City Attorney and Mr. Toone and Mr. Hard as Deputy City Attorneys. Councilman Traynor continued that the Mayor could write the letter for confirmation by the City Council. Ms. Pesicka stated that she liked the idea of having the law firm named as the City Attor- ney. Deputy City Attorney stated that he thought Mr. Fleming should remain as City Attorney and all of his associates would be available to supply any legal needs of the City. Councilman Saul stated that he thought the Council should change the time of the Council meetings to 6:30 P.M. and have them on Tuesday night rather than Monday nights. Councilman Traynor said that he would go along with the change in time to 6:00 or 6:30 P.M. but it is customary for the City Council meeting to be held on Monday nights and it would cause confusion to those who think of it as being on Monday night. MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT ORDI- NANCE BE CHANGED TO CHANGE MEETING TIME TO 6:30 P.M. FOR REGULAR CITY COUNCIL MEETING.* Council President Hill said that the Council meeting is not just for Council Members but for citizens and business men. He said he would like to go along with 8:00 P.M. but would stay with the 7:00 P.M. time. Councilman Saul stated that other cities start their Council meetings at 5:00 and 5:30 P.M. *MOTION FAILED. TUKWILA CITY COUNCIL MEETING February 17, 1976 Page 12 MISCELLANEOUS FURTHER AUDIENCE COMMENTS Contd. Council Committees City Attorney fees Community Affairs Committee meeting Green River Flood Control 1(-17 MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE CITY COUNCIL CONCUR WITH THE COUNCIL PRESIDENT ON THE APPOINTMENTS TO COUNCIL COMMITTEES. CARRIED. Appraisal on Desimone MOVED BY MS. PESICKA, SECONDED BY TRAYNOR, THAT THE property and City MAYOR BE DIRECTED TO HAVE THE CITY PROPERTY AND property DESIMONE PROPERTY APPRAISED "POST HASTE." Council- man Traynor said he thought it would be worth the time of the Council to get with Mr. Desimone and take three appraisals and select the one that he wants. *CARRIED. Deputy City Attorney Hard stated that his firm could submit monthly billings for the City Attorney retainer fee and land use attorney fee. Council President Hill stated that in the budget there is $18,000 for City Attorney retainer fee and $10,000 for other legal expenses to be used at the discretion of the City Attorney. Deputy City Attorney Hard said his staff wanted to do whatever the City Council wanted them to do; that they would prefer an hourly rate of pay but Mayor Bauch felt it would be better to go on a monthly basis, using the $10,000 for land use. He added that it is his feeling that they use more hours but if hours do not justify retainer it could be decreased and they would so advise the City. At the present time in court they are prosecuting more, there are more appeals and it is costing more. Frank Todd, audience, asked how many hours Mr. Hard had worked for the City as City Attorney and land use attorney during the month of January. Deputy City Attorney Hard said he did not have the time records with him, but he estimated $1,200 worth of his time. Frank Todd, audience, stated that when the budget was prepared by him it was not intended to use the $10,000 for land use attorney as retainer fee. Councilman Van Dusen stated if the money is used that way it should be written in the budget that way. Council President Hill said he agreed that it show in the budget as additional retainer on the salary page. Mayor Bauch stated this was more economical than paying by the hour, which would be $45 per hour. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE COUNCIL CONCUR WITH THE MAYOR'S DECISION TO USE THE ADDITIONAL FUNDS AS RETAINER, AS THE CITY WOULD GET MORE SERVICE USING IT AS A RETAINER THAN ON AN HOURLY BASIS. CARRIED, WITH HILL VOTING NO. Ms. Pesicka verified the fact that there would be a Community Affairs Committee meeting at 5:30 P.M. on February 18, 1976 for the purpose of electing a chairman of that committee. Ben Aliment, Foster Golf Course, stated that he had concern regarding the Green River Flood Control. Mayor Bauch said as a result of an earlier meeting work is being done on this problem. The Corp of Engineers has been contacted and they are working on the problem. Mr. Aliment said that he appreciated the fact that everything takes money and he would like to be present at every meeting when this matter is discussed. TUKWILA CITY COUNCIL MEETING February 17, 1976 Page 13 KISCELLANEOUS FURTHER AUDIENCE COMMENTS Contd. Drd. 925 Re: Frank Todd, audience, stated that when Ordinance :ity Attorney 925 was passed over his veto when he was Mayor, Deputy Section 2 describes duties of the City Attorney. He stated he would like the opinion of the Deputy City Attorney. Deputy City Attorney Hard said that is one of the things he would like to overhaul this ordinance and the duties of the City Attorney. niDJOURNMENT MOVED BY SAUL, SECONDED BY MS. PESICKA, THAT THE 10:22 P.M. CITY COUNCIL MEETING ADJOURN. CARRIED. /.i(,/ Shir7/ee Al Kinney, City Clerk