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HomeMy WebLinkAbout1976-03-01 Regular MinutesMarch 1, 1976 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL PUBLIC HEARINGS Tukwila Park Open Space Program, including Capital Improvement Program TUKWILA CITY COUNCIL Tukwila City Hall REGULAR MEETING Council Chambers M I N U T E S Mayor Bauch led the Pledge of Allegiance and called the Tukwila City Council meeting to order. GARDNER, MS. HARRIS, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. 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 FEBRUARY 17, 1976 MINUTES OF THE REGULAR MEETING BE APPROVED AS PUBLISHED.* Deputy City Clerk Doris Phelps noted a clarification to the Minutes on page 5, stating the figures quoted regarding the Building Official are 1975 levels. *CARRIED. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilwoman Harris questioned Voucher #7918 in the amount of $2,880 to William Pope. Mayor Bauch explained this was for a proced- ures study on burglary amelioration and the amount is covered by an LEAA grant for which the City will be reimbursed. *CARRIED, WITH MS. HARRIS VOTING NO. Vouchers #7869 Current Fund #7869 #7937 Street Fund #7938 #7952 Fed. Shd. Rev. #7953 #7956 Fire Stn. Const. #7957 Water Fund #7958 #7970 Sewer Fund #7971 #7981 Total #7981 $14,945.08 3,973.54 3,839.68 31.96 1,208.54 1,890.89 $25,889.69 Mayor Bauch declared the public hearing open at 7:10 P.M. Kjell Stoknes, Planning Director, distributed Minutes from the February 26 Planning Commission meeting and he briefly reviewed the history of the City Council's request to update the Park Plan. He stated he has been advised by I.A.C. that grant applications will be accepted up to April 1 for this year and that an approved Park Plan must be sub- mitted at that time. He recommended that the first year's project for improving Christiansen Rd. be approved and the other projects may be reviewed and amended next year. Carl Stixrood, consultant, explained how the plan was implemented on the basis of the citizen questionnaire. Mayor Bauch called for audience comments. Mr. Ben Aliment asked about the golf course informa- tion on page 47. Kjell Stoknes replied this acquisition was rated below the other projects and it is not included in the Capital Improvement Program it is an alternate project. Councilwoman Harris asked if this is the first time this document has been available to the public. Kjell Stoknes replied the information was available at the Planning Commission's public hearing. Coun- cilwoman Harris stated the document is rather diffi- cult for the public to assimilate in order to make any comments tonight. Councilman Van Dusen stated the public will have the next two weeks to study and comment at the next Council meeting at the time the ordinance is on its second reading. Discussion continued. TUKWILA CITY COUNCIL MEETING March 1, 1976 Page 2 PUBLIC HEARINGS Cont. Park Open Space Program Cont. Mayor Bauch stated a letter was received from I.A.C. stating that all applications for grant funds and submittal of plans are due April 1; the letter was received in January and it was the first indication of the deadline now imposed. MOVED BY TRAYNOR, SECONDED BY VAN DUSEN, THAT THE PUBLIC HEARING BE DECLARED CLOSED.* In reply to a question of Councilman Gardner's, Carl Stixrood stated that the Planning Department has contacted King County Flood Control and that this plan does meet their requirements for work along Green River. The reason for repealing the current park plan is that it is no longer valid in the opinion of I.A.C. *CARRIED. The public hearing was closed at 7:28 P.M. Councilwoman Harris questioned if the public hearing had been adequately conducted; not all of the mater- ial has been reviewed. Mayor Bauch asked about the public hearing held before the Planning Commission. Mr. Ron Mettler, Planning Commission Chairman, stated the public hearing was held in January and continued to February but the crowd was disappointing. He stated all the Planning Commission meetings are duly advertised. Mr. Frank Kriedler stated he was not sure of what was proposed to be adopted and how the City would be bound by it. Steve Hall, Public Works Director, stated it is similar to the 6 -Year Road Program in that by adopting the plan, the staff would be able to initiate proceedings on grant funding. The plan can be revised at any time later. Mrs. Rena Holloway stated the plan extends to 1981. She felt all the improvements are too much of a commitment from the City for maintenance, etc. She asked if the plans were consecutive. Steve Hall replied this plan is only an indication of the desired improvements. If the funds are not available then the projects cannot be accomplished. The plans can be revised on the basis of funding and changes in priorities. The Program is a guideline for budget- ing and for applying for grant funds and it is not a commiti'nent to spend the money. Kjell Stoknes added that we anticipate to find the funding in the general fund of the City and not to request new taxes for any of these projects. In reality, 20 -30% of these types of plans are actually completed and if we can achieve 3 out of these 10 projects, we will be doing well. Councilwoman Harris stated she felt this needed more study. Mayor Bauch stated this new Program matches the current park plan about 90 with only the completed projects and municipal build- ing projects removed. There is also a new order of priorities. Discussion continued. Public Meeting: Kjell Stoknes, Planning Director, stated this item Subdivision was introduced at the last Council meeting at which application Frank time the public meeting date was set. The Planning Todd Commission considered the staff report on January 29 and consequently recommended three conditions of approval as well as the approval of the proposal. If the City Council concurs with the Planning Commis- sion, it would be appropriate to read the proposed resolution which appears on the agenda tonight. If not, any changes would be subject to a public hearing before the City Council. TUKWILA CITY COUNCIL MEETING March 1, 1976 Page 3 /d l's' PUBLIC HEARINGS Cont. Todd subdivision Mayor Bauch opened the public meeting at 7:41 P.M. Cont. and called for discussion from the City Council. Councilwoman Harris stated the Planning Commission originally advertised their public hearing to be held on January 22 but there was not a quorum present. They met again on the 29th during which time all the agenda items were carried forward from the 22nd. Under the provisions of the Open Meeting Act, it is stated that a notice must be posted in a conspicuous place to inform the public of the cancellation and to state the date and place of the next meeting. She asked if a notice was posted and if it was necess- ary to re- advertise the rescheduled date of the public hearing. Deputy City Attorney Hard stated the law provides that if a meeting is properly advertised and the meeting is then cancelled due to lack of a quorum, the meeting can be adjourned and held at a later date without re- advertising. He stated there should have been a notice posted for public informa- tion. Councilman Van Dusen asked if Councilwoman Harris is suggesting that this be referred back to the Planning Commission. Mr. Mettler stated the Planning Commission was short a quorum on January 22 and the public present was verbally informed of the date of the next meeting. He stated he also stayed on to informally discuss business with those present for about an hour and no other people came by to attend the cancelled meeting. Councilman Traynor requested to view the area on the map. Councilman Van Dusen stated in reading the Planning Commission Minutes, he noted references to better and higher use of the property and statements were made regarding a proposed use as a trailer park. How does this fit into the Comprehensive Plan for the City? What better uses are there? Why was an addi- tional 5 feet of right -of -way established? Steve Hall, Public Works Director, stated the minimum right of -way for a non industrial City street is 50 feet. Kjell Stoknes stated the higher use as the Comprehen- sive Plan presently shows is high density multiple residence. We have had two previous rezone requests which were denied for higher use. The mobile home development is only presented as an intent; this use is not allowed within the City now due to the anti trailer ordinance even though such an ordinance is presently a non- constitutinnal law. Councilman Hill asked when the completion of the update of the Comprehensive Plan is scheduled. Kjell Stoknes, Planning Director, stated the last element is due for the second Council meeting in April with the map due at the first meeting in June. In order to get through all the public hearings, it appears the Plan will be ready for adoption sometime in August. Dis- cussion continued. Kjell Stoknes stated the matter before the Council for discussion is the subdivision application and not a rezone to a higher use. Mayor Bauch stated the staff has discussed this plat. The Fire Department and the Police Department have stated that they feel the turn around at the end of the street is necessary for proper patrolling and for emergency vehicles. The streets and underground utilities will be private and the City will not be able to service these streets in heavy snow or other conditions. Once this is developed, these improve- ments are locked in forever and the character of the development is established and we will have a sub- standard development within the City. The improve- ments do not meet the requirements of the T.M.C. TUKWILA CITY COUNCIL MEETING March 1, 1976 Page 4 PUBLIC HEARINGS Cont. Todd subdivision Cont. Secret ballot votes for Council committee chairmen RECESS 8:24 P.M. 8:34 P.M. 4'g'6 and at this time the City is in the process of up- grading its standards for development. Mayor Bauch stated he felt that it would be a giant leap back- ward to allow the subdivision to continue as it is proposed. That is the City's position. Councilwoman Harris stated it appears that the paperwork on this is not complete to the requirements of the R.C.W.'s regarding plats. The Council should be considering the health, safety and welfare of the community. There are several questions regarding this plat and subdivision. We do not know the intended use. Steve Hall, Public Works Director, stated there is a differ- ence between this as a preliminary plat and a final plat which Councilwoman Harris has referred to. A preliminary plat is more of a statement of general philosophy regarding the development. Mr. Frank Todd stated it is a waste of time to dis- cuss the intended use of the land. Everyone except himself seems to know what he is going to do with it. It has been approved by the Planning Commission as were the requests for rezone to better and higher use within the last two years. He stated Mayor Bauch's comments when he was a private citizen regarding the rezone were not appropriate as he lived two miles from the proposed rezone property, and tonight his opinions expressed as Mayor would have caused the previous Mayor to be routed out of town, had the previous Mayor made those same comments from the table. Councilman Hill asked Steve Hall if the preliminary plat meets the requirements. This has gone before the Planning Commission and they have made recommen- dations to the City Council to consider. He also asked the opinion of the City Attorney. Deputy City Attorney Hard replied there is a question regarding the 50 foot right -of -way. Kjell Stoknes, Planning Director, stated this is a legal subdivision and preliminary plat application. The streets are not required to be dedicated and it is being processed as complying with the P -3 zoning use. Mr. Reid Johanson stated there were recommendations from the Planning staff to the Planning Commission but only two of the eight or ten recommendations were considered before passing the motion to approve the application for Council consideration. Deputy City Attorney Hard stated there was a failure he felt in not posting a notice in compliance with the Open Meeting Law. If the Planning Commission Chairman waited for half an hour or so after the meeting was adjourned, it probably was a valid meet- ing on the 29th. Councilwoman Harris stated she felt the information was very insufficient even for a preliminary plat. Mayor Bauch closed the public meeting at 8:22 P.M. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Councilman Traynor asked if this could be discussed at the next Committee of the Whole meeting. Council- woman Harris replied she would prefer to discuss it at this time. MOVED BY HILL, SECONDED BY VAN DUSEN, TO RECESS THE MEETING FOR 10 MINUTES. CARRIED. Mayor Bauch called the meeting back to order with all Council Members present as previously listed. TUKWILA CITY COUNCIL MEETING March 1, 1976 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Secret ballot Cont. Cancellation of Council committee meetings Councilwoman Harris stated she requested this item on the Agenda. At the February 23, 1976 Committee of the Whole meeting the Public Safety Committee selected its chairman by secret ballot. The Finance and Personnel Committee held an impromptu get- together in the Clerk's office and selected its chairman. Neither were accomplished before the public at any meeting. How did the Public Works Committee and the Community Affairs Committee select their chairmen? Councilman Gardner stated the Public Works Committee voted by ballot. Councilman Traynor stated the Community Affairs Committee also used the ballot. Councilwoman Harris suggested the committees vocally elect their chairmen tonight. She stated she did not feel the secret ballot was advisable under the re- quirements of the Open Meeting Law and A.G.O. #35. MOVED BY HARRIS, SECONDED BY SAUL, TO VOCALLY AND OPENLY ELECT CITY COUNCIL COMMITTEE CHAIRMEN.* Councilman Traynor stated he did not feel this would apply to the three member committees who do not con- stitute a quorum of the Council. Deputy City Attorney Hard stated the law seems to apply to all government agencies and sub agencies. Councilman Traynor stated this discussion would seem more appropriate for a Committee of the Whole meeting. He stated he did not want to vote all over again so he stated he voted for himself as chairman of the Community Affairs Committee and for Councilman Gardner as chairman of the Public Works Committee. Council President Hill stated he did not feel the ballots were taken for the purpose of withholding information from the public but for the sake of expediency. Councilman Van Dusen stated the procedures for committees are set forth in the Council procedures ordinance. He stated he voted for himself for Public Safety Committee chairman and for Councilman Traynor for Public Works Committee chairman. Councilwoman Pesicka stated she voted for Councilman Saul as chairman of the Finance and Personnel Committee and for Councilman Traynor for Community Affairs. Councilman Gardner stated he voted for himself for Public Works Committee and he did not recall how he voted on the others. Council- man Saul asked if this fulfilled the requirements by stating how we voted. Deputy City Attorney Hard stated it is a peculiar way to do it, but he felt it would meet the requirements by making the voting public. Councilman Saul stated since there were two votes for him for the Finance and Personnel Committee he did not vote on that choice and he voted for Coun- cilwoman Harris for the Public Safety Committee. Council President Hill stated he counted the votes and gave the tally to the Council Recording Secretary and as president, he does not serve on any committee. *MOTION FAILED WITH MS. HARRIS AND GARDNER VOTING YES. MOVED BY MS. PESICKA, SECONDED BY HILL, TO REFER THE MATTER TO THE COMMITTEE OF THE WHOLE MEETING. CARRIED, WITH TRAYNOR VOTING NO. Councilwoman Harris stated she also requested this item on the Agenda because a notice had been posted with no signatures that the meetings of the Council committees had been cancelled until further notice. She stated she did not understand what the intention is and what the purpose of these committees will be serving. Councilman Traynor stated he requested the notice to be posted for the Community Affairs Commit- tee since all matters are now in the Committee of the TUKWILA CITY COUNCIL MEETING March 1, 1976 Page 6 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Cancellation of committee meetings Cont. OLD BUSINESS City Attorney recommendations re: T.M.C. update Formal Motion 76 -2, Declaring intent to adopt Open Space Element as part of Comprehensive Plan SECOND READING OF ORDINANCE Ord. 963, Ordering improvements in the area of 152nd Street E 57th Ave. So. establishing LID #28 Whole and the committee has no business to consider. Councilman Van Dusen stated he requested the Public Safety Committee meetings also be cancelled until business is referred for consideration. He stated he did not feel everything should be going to the committees to be lost for several months at a time. Councilwoman Harris urged the utmost use of the committees. The Council cannot discuss all of its business at the regular meetings and the committees should be utilized for informal discussions. The public has no opportunity to digest the impact or import of matters at the regular meetings the night these items are introduced. She asked if the can- cellation notices are being used as a way to field the Council procedures ordinance. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT AGENDA ITEM 6.b. BE REFERRED TO THE COMMITTEE OF THE WHOLE.* Mr. Reid Johanson stated he sat on the Council when the procedures set four regular meetings per month. He asked if it is the intention to railroad Council business through as was done in the past. *CARRIED. /488 Deputy City Attorney Larry Hard stated his concern is that the Tukwila Municipal Code book is in need of revision and Book Publishing Company has provided some suggestions. He requested this be referred to the Committee of the Whole to get the process started. He also suggested the City staff be allowed to submit their suggestions. MOVED BY MS. HARRIS, SECONDED BY GARDNER, THAT THIS MATTER BE REFERRED TO THE COMMUNI- TY AFFAIRS COMMITTEE. FAILED, WITH MS. HARRIS AND GARDNER VOTING YES. MOVED BY HILL, SECONDED BY SAUL, THAT THIS MATTER BE REFERRED TO THE COMMITTEE OF THE WHOLE MEETING, MARCH 8, 1976. CARRIED, WITH MS. HARRIS AND GARDNER VOTING NO. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT MOTION 76 -2 BE ADOPTED.* MOVED BY MS. HARRIS, SECONDED BY TRAYNOR, TO AMEND THE MOTION TO STRIKE "BE ADOPTED" INSERT "BE READ CARRIED. *CARRIED, AS AMENDED. City Clerk Shirlee Kinney read Formal Motion 76 -2, a motion of the Tukwila City Council related to comprehensive planning, declaring its intent to adopt at some future time the Open Space Element as part of the Comprehensive Plan for the City. MOVED BY HILL, SECONDED BY SAUL, THAT MOTION 76 -2 BE ADOPTED AS READ. CARRIED. Steve Hall, Public Works Director, reviewed the three alternate methods of assessing the property within the LID and discussion followed. Mr. Graydon Smith and the City Council discussed the assessment rates as they applied to each alternate method and as they related to his property as opposed to the total cost of the improvements. Mr. Smith stated the improve- ments of 152nd will benefit the Fire Department, the Police Department and the City in general and he stated he has followed to this point all the require- ments of the City as set in the ordinances. He asked for comments from the City Attorney. TUKWILA CITY COUNCIL MEETING March 1, 1976 Page 7 SECOND READING OF ORDINANCE Cont. Ord. 963 Cont. Deputy City Attorney Hard stated the City Council will decide which property is specially benefitted by the improvements by voting approval of one of the alternate methods of assessment. The City is bound by the ordinances and developers agreement it entered into. Mr. Smith has performed several of the coven- ants on his part and now some action must be taken by the Council to collectively decide which of the proposals reflects special benefits to the land ser- viced by the LID. Mr. Smith asked if all the alter- natives are legal. Attorney Hard stated he felt the Council could adopt any of the alternates and it would stand up in court, but some alternates are closer than others. Mr. Smith stated he had been required by the City to abide by the ordinances and to put in the covenants of the contract, would it seem that he was being specially benefitted because he was being induced by the City to go along with this. Attorney Hard stated Mr. Smith's comments were fair, and he felt Mr. Smith was entitled to some action from the Council. Mr. Smith requested the Council to act tonight. Mr. Ben Aliment stated he felt this will eventually be settled in court based upon a similar experience the golf course had with a water LID. Mr. Reid Johanson stated to avoid forming an LID, the City committed itself to $350,000 to build the Strander Blvd. bridge. He askedif there was anyother way to handle this LID or to accomplish the improve- ments without an LID. Mr. Smith replied yes. MOVED BY MS. PESICKA TO ADOPT ALTERNATE #3. MOTION WITHDRAWN. Councilwoman Harris stated she felt the City is re- quired to abide by the developers agreement and the ordinance which rezoned the property. It seems much simpler to enforce the conditions of the rezone and if there must be a widening of 152nd Street due to increased traffic, then form an LID to include that area of land, that street, from Macadam to 57th Ave. So. only, and have only those costs which pertain to that improvement in the LID. Mr. Smith stated he was prepared to do that but an LID will not go through only from 57th Ave. to Macadam and the reason is that the City suggested an LID to go through all the way to the end of 152nd. Discussion continued. Councilman Van Dusen suggested the original assessment proposal be accepted and stated he felt that Mr. Esping and Mr. Wynn are probably not being benefitted by the improvements at this time. Mr. Rod Esping requested that a letter submitted to the Council from his attorney be read. He stated he is not being benefitted by the LID. Mr. Harold Wynn stated the developers agreement was for the public's benefit and he reviewed the provisions of the agreement with the use of the LID map. MOVED BY MS. PESICKA, SECONDED BY VAN DUSEN, THAT MR. ESPING'S LETTER BE READ. City Clerk Shirlee Kinney read a letter dated February 27, 1976 from Attorney Wayman K. Dobson of the firm Dobson, Houser F Dobson stating Mr. Esping's position in protest of the LID. Councilwoman Pesicka stated that Mr. Esping benefits only slightly since he has access onto Macadam Road and she preferred the third alternate. TUKWILA CITY COUNCIL MEETING March 1, 1976 Page 8 SECOND READING OF ORDINANCE Cont. Ord. 963 Cont. X4 90 MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Deputy City Attorney Hard read proposed ordinance ordering the improvement of property within the City of Tukwila, Washington, along portions of South 152nd Street and 57th Avenue South by acquisition of addi- tional public right -of -way, grading, widening and paving the street surface, installing sidewalks, curbs and gutters, installing storm drainage, storm sewers and sanitary sewers, water facilities, under- ground utilities and street illumination, all in accordance with Resolution No. 507 of the City of Tukwila, Washington; establishing Local Improvement District No. 28; providing that payment for said improvements be made by special assessments upon property in said District payable by the mode of "payment by bond and providing for the issuance and sale of local improvement district warrants redeemable in cash and local improvement district bonds, by title only. He also supplied a change in the language of the ordinance to cover any of the alternate methods of assessment to be chosen by the Council. Council President Hill asked Attorney Hard about the possi- bility of the City paying the assessments on the un- developed property and then collect the assessment when the property is sold or developed. Attorney Hard stated it is possible but he would recommend against it because of the problem in trying to admin- ister and recover the funds there is no guarantee the assessment will be reimbursed. The R.C.W.'s do not address late comers agreements for LID improve- ments for streets and other types of improvements, only water and sewer. Discussion continued with the City Attorney regarding the adoption of the ordinance and the method of assessment. MOVED BY MS. PESICKA, SECONDED BY TRAYNOR, TO ADOPT ORDINANCE 963 AS READ. CARRIED, WITH MS. HARRIS VOTING NO. MOVED BY MS. PESICKA TO ADOPT ALTERNATE NO. 3. MOTION FAILED FOR LACK OF SECOND. MOVED BY TRAYNOR, SECONDED BY SAUL, TO ADOPT ALTERNATE NO. 2. Mr. Graydon Smith stated if Alternate No. 2 is passed, he will be going to court with the City because it is not legal to take the matter all the way back. ROLL CALL VOTE: GARDNER NO, HARRIS NO, HILL NO, PESICKA NO, SAUL YES, TRAYNOR YES, VAN DUSEN NO. MOTION FAILED. Steve Hall, Public Works Director, stated the original assessment roll as certified by himself and by URS Co. was developed on the intent that 152nd Street would eventually go through and he felt this was the most equitable. Alternate No. 1 technically fulfills the requirements of the developers agreement and the LID. MOVED BY VAN DUSEN, SECONDED BY SAUL, TO ADOPT ALTERNATE NO. 1.* Councilman Traynor stated the yellow property is contributing 46% to the problems of the LID and it is unfair to the others to ask them to pay the bill to support this development. Council- woman Harris reviewed the notes regarding Alternate No. 1 and stated she objected to the way the other participants were being assessed under this method. *FAILED. MOVED BY MS. PESICKA, SECONDED BY HILL, THAT ALTERNATE NO. 3 BE ADOPTED. CARRIED, WITH MS. HARRIS VOTING NO. TUKWILA CITY COUNCIL MEETING March 1, 1976 Page 9 RECESS MOVED BY SAUL, SECONDED BY HILL, THAT THE CITY 10:17 P.M. 10:22 P.M. COUNCIL MEETING RECESS. CARRIED. Mayor Bauch called the meeting back to order with all Council Members present as previously listed. FIRST READING OF ORDINANCE Adopting Park Open Space Program E Capital Improvement Program as part of the Comprehensive Plan E repealing Ord. 546 RESOLUTIONS Reso. 515, Authorizing Mayor to execute an agreement with King County for animal control services, Jan. March, 1976 (1st reading) Reso. 516, Authorizing Mayor to execute an agreement with King County for public defender services (1st reading) Reso. 517, Authorizing Mayor to execute an agreement with TelePrompTer Cable TV for under- ground utilities (1st reading) MOVED BY HILL, SECONDED BY VAN DUSEN, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Deputy City Attorney Hard read proposed ordinance of the City of Tukwila relating to comprehensive planning, adopting a Park and Open Space Program (including a Capital Improvement Program) for the City, declaring said program to be an element of the Comprehensive Plan and repealing the former Comprehensive Park and Recreation Plan, prepared by the firm of Olsen, Richert E Bignold, as passed by City of Tukwila Ordi- nance Number 546, by title only. MOVED BY MS. HARRIS, SECONDED BY GARDNER, THAT PROPOSED ORDINANCE BE REFERRED TO THE COMMUNITY AFFAIRS COMMITTEE. MOTION FAILED WITH GARDNER AND MS. HARRIS VOTING YES. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED ORDI- NANCE BE REFERRED TO THE MARCH 8 COMMITTEE OF THE WHOLE MEETING. CARRIED WITH MS. HARRIS VOTING NO. Kjell Stoknes, Planning Director, stated the language of the ordinance should be amended to include a re- pealing clause. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESO- LUTION BE READ. CARRIED. Deputy City Attorney Hard read proposed resolution authorizing Mayor to nego- tiate animal control service agreements with King County, Washington for the period January 1, 1976 through March 31, 1977. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULES AND ADOPT RESOLUTION 515 AS READ.* City Council questioned the provisions of the contract. Attorney Hard stated the County is now requesting a different method of collecting the license fees effective April 1 and the City will be adopting a new ordinance the same as or similar to the King County ordinance on animal control. With the passage of this resolution, we are assured to enter into an agreement to sell the tags this month and to negotiate some kind of new ordinance. Dis- cussion continued. Attorney Hard stated this resolu- tion does not authorize the Mayor to sign a new agree- ment but only to negotiate one. Discussion continued regarding the conflict between the Tukwila Municipal Code provisions and the contract. *CARRIED, WITH MS. HARRIS VOTING NO. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESO- LUTION BE READ. CARRIED. Mayor Bauch stated this resolution had appeared on the Council's agenda pre- viously but was withdrawn to allow the Municipal Court Judge time to review the contract. Deputy City Attorney Hard read proposed resolution authorizing Mayor to negotiate a defense service agreement with King County, Washington. MOVED BY HILL, SECONDED BY SAUL, TO SUSPEND THE RULES AND READ PROPOSED RESOLU- TION BY TITLE ONLY. MOTION AND SECOND WITHDRAWN. MOVED BY HILL, SECONDED BY SAUL, TO SUSPEND THE RULES AND ADOPT RESOLUTION 516 AS READ. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESO- LUTION BE READ. CARRIED. Deputy City Attorney Hard read proposed resolution authorizing Mayor to nego- tiate an agreement with TelePrompTer Corporation for undergrounding its utilities. Councilwoman Harris asked if there was any copy of the agreement avail- able. Mayor Bauch replied at the present time, he TUKWILA CITY COUNCIL MEETING March 1, 1976 Page 10 RESOLUTIONS Cont. Reso. 517 Cont. Reso. 518, Authorizing Mayor to execute agreement with King County Rape Relief for 1976 (1st reading) Proposed resolution, Authorizing Mayor to execute an agreement with Peoples National Bank for City banking services (1st reading) NO l (1 I2 has been unable to get an agreement from TelePrompTer, but if we are unable to get one soon we will draft an agreement of our own. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, TO SUSPEND THE RULES AND ADOPT RESO- LUTION 517 AS READ. CARRIED, WITH MS. HARRIS VOTING MOVED BY MS. HARRIS, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Deputy City Attorney Hard read proposed resolution authorizing Mayor to neg- otiate a contract with King County Rape Relief. MOVED BY MS. HARRIS, SECONDED BY GARDNER, TO REFER PROPOSED RESOLUTION TO THE PUBLIC HEALTH SAFETY COMMITTEE. FAILED WITH GARDNER AND MS. HARRIS VOTING YES. Mayor Bauch noted that payment for the services in the amount of $1,100 has been made. MOVED BY MS. PESICKA, SECONDED BY HILL, TO AMEND THE RESOLUTION TO REMOVE THE WORD "NEGOTIATE" AND INSERT "EXECUTE" IN ITS PLACE.* Councilwoman Harris stated she failed to see the urgency of pass- ing these items of legislation upon their first read- ing and she questioned the legality of doing so. Council President Hill asked if there was any law that an ordinance or resolution has to be read twice. Attorney Hard stated he was not aware of any law which required two readings. Councilwoman Pesicka stated the Council has already met with a representa- tive from the Rape Relief office during one of the Council meetings and that Chief Sheets approved this program. Councilman Saul stated he felt there should be some public discussion between the time the legis- lation is introduced and the time it is passed. Council President Hill stated there is no reason to delay these service agreements for the additional two weeks; there are other important matters that we can take time for public input. Mrs. Joanne Davis stated her concern that the Council in order to observe thoughtful government needs to be aware of the value of allowing two weeks to pass be- tween introduction and passage of their legislation. Mrs. Davis related the incident of the changes which took place regarding the smoke screen ordinance. The Council may not have a wide, broad knowledge of all the facts and she felt the lapse in time was in good order. She was concerned that the rules were being suspended too frequently. *CARRIED. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESO- LUTION BE READ. CARRIED. Deputy City Attorney Hard read proposed resolution authorizing Mayor to nego- tiate an agreement with Peoples National Bank of Washington to provide banking services. Mr. Ed Robinson asked what the difference is between the City entering into an agreement with a bank for banking services and the services the City requests for printing. He asked if other banks had submitted proposals. Mr. Wyly of Peoples stated he wrote a letter to the City Council requesting consideration of a rotation system of the local banks to provide services to the City. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT PRO- POSED RESOLUTION BE REFERRED TO THE MARCH 8 COMMITTEE OF THE WHOLE MEETING. CARRIED. Proposed resolution, MOVED BY HILL, SECONDED BY SAUL, THAT PROPOSED RESO- Authorizing Mayor to LUTION BE READ. CARRIED. Deputy City Attorney Hard execute agreement with read proposed resolution authorizing the Mayor and the King County Public Works Public Works Director to execute an agreement with for soils testing King County Department of Public Works for soils and (1st reading) materials testing services. TUKWILA CITY COUNCIL MEETING March 1, 1976 Page 11 RESOLUTIONS Cont. Proposed resolution, Approving Todd's Rainier Vista being Planning Dept. File #MF -76 -2 -Sub., subject to certain conditions of preliminary plat (1st reading) DEPARTMENT REPORTS Mayor's Report MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Bicentennial events 7 1 93 Councilwoman Harris stated there is no need to intro- duce the resolution before a decision has been made to accept the preliminary plat. There is doubt about the right -of -way. MOVED BY HARRIS, SECONDED BY GARDNER, TO REJECT THE PLAT. Mayor Bauch stated the motion was out of order. MOVED BY MS. PESICKA, SECONDED BY TRAYNOR, THAT PRO- POSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Deputy City Attorney Hard read proposed resolution of the City Council of the City of Tukwila granting approval subject to certain conditions of the pre- liminary plat of Todd's Rainier Vista being Planning Department file #MF -76 -2 -Sub., by title only. Councilwoman Pesicka stated that both Steve Hall and Kjell Stoknes have indicated they are not happy with the present zoning and Mr. Todd has stated he is not happy with the zoning so why are we considering this and why is it not going through the motions of being rezoned. Mayor Bauch stated Mr. Todd had made appli- cation to the Planning Commission for a preliminary plat and we are acting upon that tonight. Mr. Frank Todd stated the plat at this point can be amended and there is no excuse available to deny the application for preliminary plat. Before this is filed as a final plat, there will be amendments made to it to comply with the R -3 zoning. Mr. Todd dis- cussed a short subdivision and other alternatives to the preliminary plat. Discussion continued re- garding the amendments to the resolution. Kjell Stoknes, Planning Director, added that the City does not have provisions for a short plat and that these types of developments are processed through the County. Councilman Traynor stated that if the Council agrees with the Planning Commission's recommendations, the application can be further processed. If the Council makes any changes in the resolution, there must be a public hearing. Mr. Todd stated he stipulated to the conditions as set by the Planning Commission but if the Council feels it needs further discussion, he would be happy to appear before the Committee of the Whole to discuss it. MOVED BY HILL, SECONDED BY MS. PESICKA, TO REFER PROPOSED RESOLUTION TO THE MARCH 8 COMMITTEE OF THE WHOLE MEETING. CARRIED, WITH MS. HARRIS VOTING NO. Mayor Bauch stated he appointed Kjell Stoknes as the City's equal opportunity officer per the provisions of Resolution 364 and Resolution 365, effective this date. Mayor Bauch stated he issued a memo to the Council regarding the appointment of City Attorney and Deputy City Attorneys and their retainage. Mayor Bauch stated Fire Chief Hubert Crawley injured himself at a car fire tonight but we do not know to what extent at this time. Councilman Saul stated the Tukwila Tigers from the Tukwila Elementary School and Mr. Robbins, principal, sent a note of appreciation for participation in the School's Bicentennial program and balloon release. TUKWILA CITY COUNCIL MEETING March 1, 1976 Page 12 MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Cont. City Attorney discussion RESOLUTIONS Reso. 518 ADJOURNMENT 11:45 P.M. /4 Council President Hill stated the Mayor's original letter to the Council appointed the firm and also stated that Larry Hard would serve as the City Attorney. He stated he had no qualms about Mr. Fleming serving as City Attorney and the others as Deputies but it should be approved by the Council. The Council ratified Mr. Hard, but now it would be in order to ratify Mr. Fleming instead. Deputy City Attorney Hard stated the City Council took the fundamental action of appointing the law firm to represent the City and he felt it would be a good action for the Council to formally approve Mr. Fleming as City Attorney. Attorney Hard stated the provisions in the Tukwila Municipal Code regard- ing the City Attorney need revision. Councilwoman Pesicka stated Mr. Fleming informed the Council that he had appointed Mr. Hard and Mr. Toone as Deputies and our ordinance states that they do not have the authority to do that. We are paying the firm $18,000 in retainage and $10,000 for land use and we have no information regarding fees for represen- tation in court, etc. She stated she would like to have a list of those types of fees. Attorney Hard stated the practice of the firm is that whatever attorney represents the City, his particular rate would apply. If the case is a tax matter, we have a tax attorney who charges $75 hourly. An appeal from Municipal Court is a $30 or $35 hourly rate. He stated the firm intends to use the attorney with the lowest rate who is best qualified for the case. He stated the firm is also willing to establish a straight hourly rate for all services if the Council so desires. Councilwoman Pesicka stated she felt the Council should have a contract with the firm for the hourly rates. Mr. Frank Todd stated that previously Mr. as an employee of the City Council last year charged approximately $100 an hour for services in court. Attorney Hard stated Mr. Fleming's fee is $65 per hour. The work of the City does not require a fee at $75 per hour. It is the intention that a higher hourly rate would be used only for situations which called for unique skills or abilities. Councilman Traynor stated he would like to know what each City Council Member wants specifically regarding the fees contract. Councilwoman Harris stated as long as the firm is agreeable to do the routine City business within the retainer, she did not see what any of this discussion was about. Attorney Hard stated there currently is a fee amount for Superior Court work pending. Councilman Van Dusen stated the Council and Attorney Hard have agreed there are some legitimate questions and he felt a contract for the fee rates was required. City Clerk Shirlee Kinney explained the Council did not make a motion to pass the resolution, although they voted to pass it. MOVED BY HILL, SECONDED BY TRAYNOR, TO RETURN TO ITEM 10.d." CARRIED. MOVED BY HILL, SECONDED BY MS. PESICKA, TO SUSPEND THE RULES AND ADOPT RESOLUTION 518 AS AMENDED. CARRIED. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE CITY COUNc MEETING ADJOURN. CARRIED. (1 Edgy/D. Bauch, Mayor Shirlee A. Kinney,