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HomeMy WebLinkAbout1977-04-04 Regular MinutesApril 4, 1977 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL BID OPENINGS AND AWARDS Bid Award, LID #27 Waiver from Res. #489, VIP'S Restaurant, 5700 Southcenter Blvd. Claim For Damages, Warren B. Davis TUKWILA CITY COUNCIL REGULAR MEETING Tukwila City Hall M I N U T E S Council Chambers Mayor Bauch, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. BOHRER, GARDNER, HILL, MS. PESICKA, SAUL, TRAYNOR, VAN DUSEN. John McFarland, Administrative Assistant; Steve Hall, Public Works Director; Kjell Stoknes, OCD Director; Lawrence Hard, Deputy City Attorney; Maxine Anderson, City Clerk. MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE MINUTES OF THE REGULAR MEETING OF MARCH 21, 1977 BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE VOUCHERS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Current Fund Street Fund Fed. Shared Rev. City Hall Const. Water Fund Sewer Fund *MOTION CARRIED. Vouchers No. 2084 2168 LID #25 C 64/65 884.64 LID #27 C 19 1,112.27 LID #28 C 7 48.00 2084 2142 (2104 VOID) 2143 2150 2151 2153 2154 2155 2162 2163 2168 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS 17,621.28 4,974.36 1,001.38 9,180.00 11,158.18 4,403.32 48,338.52 LID #25 R 35 884.64 LID #27 R 4 1,112.27 LID #28 No. Rev Warrants/ Special Funding i7 "7 MOVED BY HILL, SECONDED BY TRAYNOR, THAT COUNCIL ACCEPT THE RECOMMENDATION OF STEVE HALL, PUBLIC WORKS DIRECTOR, AND AWARD THE BID FOR LID #27 AS FOLLOWS: Schedule A, Constructors Pamco $289,006.80 Schedule B, Morris Construction, Inc. $143,194.33 Councilman Saul questioned the bid of Tri -State Construction which was low on Schedule A. Steve Hall, Public Works Director, explained that Tri -State discovered an error in their bid in the amount of $39,000 after it was submitted. They have since written a letter to Mr. Jon Stack, Harstad Associates, requesting that their bid be withdrawn from consideration. Mr. Charles Dahlen, Architect for VIP'S Restaurant, stated that those scheduled to give the presentation had not arrived and asked Council to defer this until later. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE AGENDA BE AMENDED TO CONSIDER THIS ITEM LATER. MOTION CARRIED. John McFarland, Administrative Assistant, explained the Claim for Damages submitted by Mr. Warren B. Davis, 5906 South 144th. On two occasions, a Puget Power crew accidentally broke the water line serving the Davis residence while working on the utility undergrounding project. As a result, dirt entered the plumbing system and caused damage. Mr. Davis had a contractor in to clean the lines and repair the damage, total cost was $40.90. The current contractual agreement with Puget Power stipulates that the City shall be held harmless from any claims arising from construction work. TUKWILA CITY COUNCIL REGULAR MEETING April 4, 1977 Page 2 Claim for Damages, Warren B. Davis, Continued Letter from Employment Security Dept. OLD BUSINESS Attorney Hard's Letter resp. to Wayne Parker's letter of March 14, 1977 ivrs7c Mr. McFarland stated that the City has two alternatives: 1. Refer the claim to Puget Power for processing. 2. Allow the claim and file for reimbursement from Puget Power. He recommended Alternative No. 1. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE CLAIM FOR DAMAGES BE REFERRED TO PUGET POWER. MOTION CARRIED. John McFarland reported that the City had received a letter from the Employment Security Department validating the amount of credit due the City as a result of the Fire Department withdrawal. The letter states that the Social Security Administration has validated the credit of $105,723.54. The letter is the City's authority to use the credit in payment of the contributions due on the City's first quarter 1977 and future reports until the full amount is recovered. The letter further states that one half of the credit, $52,861.77, is refundable to the employees involved. The other half is a refund to the City of its share of the contributions paid. Mr. McFarland stated that it would take approximately five quarters for the City to catch up with the credit. Mayor Bauch explained that the City did not receive any cash, just the credit. The money will be credited to the Firefighters at the same rate as the credit is being used up. Councilman Hill suggested the first half could be awarded to the employees so their half is paid off first. This would allow them to invest their money a little earlier. Mayor Bauch explained that Attorney Hard had drafted a letter to Mr. Ted Rogowski, EPA, responding to the letter of March 14, 1977 written by Wayne Parker on behalf of Frank Todd. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE LETTER, DATED MARCH 24, 1977 WRITTEN BY THE CITY ATTORNEY BE SENT AS WRITTEN. Councilman Hill asked about the wording in the third paragraph 'land use request'. Actually, it was not a land -use request it was a request for a sewer connection. Attorney Hard explained that they are his words for the request. The Environmental Protection Agency isn't going to make fine distinctions between the requests. He offered to change the wording. He further offered that he doubted if the Environmental Protection Agency would pay much attention to either letter. Councilman Pesicka stated that she was not in favor of answering the letter at all. Councilman Van Dusen stated that the question appears to be 'did Mr. Todd follow the proper prodecure'. Steve Hall, Public Works Director, explained that the Tukwila Municipal Code requires that an applicant apply to the City Council for a connection outside of the City Limits. There would have to be a franchise agreement drawn up between the City and the County and then, a Developers Agreement would be executed between the Developer and the City. Councilman Van Dusen stated that he understands that Mr. Todd did apply to the Council. Councilman Traynor noted that Mr. Parker's letter states that the application has been approved by the Public Works Director, Steve Hall. That was his proper procedure. Councilman Van Dusen stated that the problem appears to be in who meant what. ROLL CALL VOTE: 5 NOES BOHRER, GARDNER, HILL, MS. PESICKA, VAN DUSEN. 2 YES SAUL, TRAYNOR. MOTION FAILED Mayor Bauch informed Council he will send the letter under his own signature. TUKWILA CITY COUNCIL REGULAR MEETING April 4, 1977 Page 3 Waiver from Res. #489, VIP'S Rest. 5700 Southcenter Blvd. Mr. John Stanek, Project Designer and Manager, introduced the VIP'S Personnel in attendance. Bob L. Smith, President of VIP'S Restaurants, Inc. Chuck Dahlen, VIP'S Architect Paul Weber, Registered Soils Engineer The proposed waiver request is to allow the rezoning of VIP'S property along Southcenter Boulevard from C -1 and R -3 to C -2 and RMH. The C -2 request is to allow a cocktail lounge to be added to the existing VIP'S Restaurant; the RMH zoning is to allow for a motel to be built on the hillside behind the restaurant. This proposal requires a waiver from the provisions of Resolution #489 before a rezone application can be made. Mr. Stanek gave a presentation and answered questions from the Council. Discussing the proposed development, he stated that there would be little site disturbance, the soil is stable and the grading could be accomplished in less than three weeks. The foundation and building design are based on working with the contours, the slope will remain the same. He stated that the site is ready to be visually improved and Vip's is ready financially. The design of the motel is intended to complement and relate to the apartment buildings above the site in scale, color, form and materials. He further stated that they will work within the SEPA Guidelines. Mr. Paul Weber, Registered Soils Engineer, reported that the greatest concern about the ground conditions involves slope stability. But, there is little concern here as the base is bedrock. This is unusual. This sandstone does not have a stability problem. Most of the excavation will be carried out in the sandstone. There is a little water drainage on the site but not enough to cause a problem. There is a small spring on the west end that will be channelled off. Councilman Van Dusen stated he would like to have Council go down and walk the site with the Developers. He would like to see where the buildings will be located in relation to the scars that have been made. Councilman Traynor stated he is concerned about what the piece of property acquired from the State will look like after the excavating is done. Will it be a big wall? Mr. Stanek stated that they intend to landscape the whole site. If rock retaining walls are necessary they will not be partial, the whole area will be finished. Mr. Smith stated that the building will cover at least 60% of what is exposed right now. The area to the west will still be exposed but will be landscaped. Mr. Stanek explained that some of the decisions on how to handle the transition areas on the east and west will have to be made later. Councilman Bohrer asked about landscaping the areas the soils engineer says are rock. Mr. Stanek explained that they would put top soil in. Councilman Van Dusen stated the reason he would like to go down to the site is because he is very interested in what it will look like. Since there are already scars there we hope they will be eliminated. Mr. Dahlen stated that Vip's is in a very preliminary stage at this point. Councilman Traynor reminded Council that all they are asking is to go on to the rezone. Kjell Stoknes stated that the Planning Commission has completed the Subdivision Code and the Comprehensive Plan and now have the time to give careful consideration to Vip's proposal. You can not expect too much information before they get a commitment on whether they are allowed to apply for a rezone. Mr. Stoknes further stated that he is comfortable with their proposal and we can get a good development there with cooperation. If Council approves the waiver, the rezone request will go to the Planning Commission first. Mr. Smith told Council that a project like this takes quite a bit of time, they have a preliminary financial commitment right now and would like to take advantage of it if possible. Once they get an indication from Council that they are in favor of a project like this, Vip's are ready to proceed. TUKWILA CITY COUNCIL REGULAR MEETING April 4, 1977 Page 4 Waiver from Res. #489, VIP'S Rest. 5700 Southcenter Blvd. Continued NEW BUSINESS Council Motion No. 77 -04, Winterization Program Grant Source of Funds for Interim Trail Solution, Christensen Rd. Rockery located on So. 144th, west of the Presbyterian Church Mayor Bauch reminded Mr. Smith that if Council grants the waiver, they still have to apply for a rezone. MOVED BY VAN DUSEN, SECONDED BY MS. PESICKA, THAT COUNCIL RECESS FOR 5 MINUTES TO LOOK OVER THE PROPOSAL. MOTION CARRIED. At 8:00 P.M. Mayor Bauch called the meeting back to order with Councilmembers present as previously listed. /790 MOVED BY VAN DUSEN, SECONDED BY BOHRER, THAT COUNCIL GRANT THE WAIVER TO VIP'S BASED ON THE STUDY THAT THERE IS SANDSTONE BEDROCK AND THAT IT FITS INTO THE COMPREHENSIVE PLAN. MOTION CARRIED WITH TRAYNOR VOTING NO. Councilman Traynor explained that he is in support of cleaning up the defacing of the hillside but he is also in support of Resolution #489 which calls for a freeze on rezones, based on support of Resolution #489 he voted No. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT COUNCIL MOTION NO. 77 -04 BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a motion of the Tukwila City Council relating to a joint project funds application with King County and other consortium cities for a "Winterization Program" under the Housing and Community Development Block Grant Program. MOVED BY HILL, SECONDED BY SAUL, THAT COUNCIL MOTION NO. 77 -04 BE ADOPTED AS READ. MOTION CARRIED. Mayor Bauch's memorandum to Council was read concerning the source of funds for interim trail and road closure of Christensen Road. His recommendations are: 1. The interim trail appears to be a good solution to meet a present need and I recommend approval of it. 2. I recommend the monies to pay for it come from the Federal Shared Revenue Trust Fund, Account No. 199.533.50.63 (Improvements Other Than Buildings), Reference Page 100 and Page 113 of the Tukwila 1977 Budget. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT COUNCIL CONCUR WITH THE RECOMMENDATIONS OF THE MAYOR AND FUND THE CHRISTENSEN ROAD PROJECT IN THE AMOUNT OF $5,064.00. Councilman Gardner asked about the closure of the road. Mayor Bauch stated that it would be closed to general traffic, emergency vehicles would have keys to the gates. MOTION CARRIED. Councilman Hill wondered if someone had contacted Tri -State Construction to see if they would give the City permission to use some of the rocks on their lot for this project. Councilman Gardner asked why the City is involved? Councilman Hill explained that when the Church was moved a cement wall that was sitting in the right -of -way was taken out. It was agreed with the City, at that time, that when the street was improved a rockery would be installed to replace the wall and it was never completed. Councilman Bohrer stated he would like to hear a report on the two requests from the Committee of the Whole Meeting 1. Is the action legal or not? 2. Is the proposed solution satisfactory to Mr. North? Steve Hall stated that URS is researching their records to see if there is any thing on this rockery. Also, since he has been here the only work completed upon request is in easements the City acquired. Councilman Hill stated that he does not believe Mr. North signed an easement. MOVED BY HILL, SECONDED BY SAUL, THAT THE PUBLIC WORKS DEPARTMENT INVESTIGATE THE USE OF TRI- STATE'S ROCKS AND HOW MUCH THEY WOULD COST AND ALSO, CONTACT MR. IVES TO SEE IF MR. NORTH IS AGREEABLE AND REPORT BACK TO THE NEXT REGULAR COUNCIL MEETING. MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING April 4, 1977 Page 5 SECOND READING OF ORDINANCES Mayor's Veto of Ord. #1010, Salary Plan X79! Councilman Hill reviewed the Mayor's reasons for vetoing Ordinance No. 1010, Salary Plan for City Employees. He explained: 1. The City Treasurer was omitted from the plan because she is elected and the position will no longer be there after January 1, 1978. 2. It was an oversight that the Administrative Assistant was omitted. He was not a part of the original Prior Plan and Council intends to put him in at a later date. 3. It was intended that the bargaining units be omitted as the City has contracts with them. The groups should bargain their way into the plan, if they are placed in the plan there is nothing to bargain with. 4. There was an error made on the Plan involving the Administrative Court Clerk and the Court Clerk. The Administrative Court Clerk should have been placed at a 9 and the Court Clerk at a 12. Councilman Hill asked if Council has to override the veto before they can correct the Ordinance. Attorney Hard felt the veto has to be addressed first. A new ordinance can then be introduced if necessary. Councilman Van Dusen suggested the best way would be override the veto then correct this ordinance. Councilman Saul stated he felt it better to let the veto stand and come back with a new ordinance. Councilman Pesicka stated that four employees have called her and asked to have this settled as soon as possible. John McFarland, referring to the Mayor's veto letter, agreed that the title does not reflect 'some' of the employees and he felt it important that everyone be listed rather then wait until contracts are signed again. The purpose of the ordinance is to give the City some control on setting the salaries for all employees. You are limiting the scope of the ordinance. Councilman Bohrer called attention to his memorandum. He stated that the ordinance is incomplete, it does introduce the concept of steps and grades but does not define how they are to be used. The proposal on how to administer the plan is missing, yet the ordinance is titled a wage and salary plan. He questioned granting 20 to 30 percent wage increases based on a salary ranking which is incomplete. The step system should be reviewed. Councilman Traynor stated that no one is ever completely happy with what their wages are. Every year employees say they are underpaid but, when you compare them with other Cities some are overpaid. Councilman Pesicka stated that Council is trying to get a salary plan, implementation of the plan will come later. We want to get a basis to work from. Councilman Hill reminded Council that the City spent $10,000 plus the wages of seven employees for many hours completing the Prior Plan. It is rather difficult for one employee to judge another. But, Council tried to take some of the personalities out of establishing a plan. Maybe, the employees getting 20 percent increases are underpaid. Kjell Stoknes.stated that he talked to some of the employees and they would like to see the bargaining units included in the plan. They feel that some people in the union groups doing comparable jobs are being paid more. If they can see that the City's goals are to keep these other groups down it would make them feel better. Councilman Hill questioned how you place the union groups in the plan, do you use the base pay or include the benefits? (longevity, education) He stated that the steps should take care of the benefits. Mayor Bauch stated that there is no action that the Council can take to change labor negotiations. You put these groups in the plan where they should be compared to the rest of the employees of the City. Councilman Bohrer stated that some of Council- man Hill's concerns are addressed in his suggestion that the steps be deleted and just list the 1977 salaries. Then, where the employees appear isn't determined at this time. He stated concern that the plan does not state any criteria for advancement. Councilman Van Dusen stated that he understood Mr. McFarland was working on alternatives to administer the step plan. Mr. McFarland stated that he was but, he needed direction from the Council whether to include all employees or just the USTME employees. Councilman Van Dusen stated that this is just a plan on how to move from one step to another. What difference does it make where an employee is on the plan? TUKWILA CITY COUNCIL REGULAR MEETING April 4, 1977 Page 6 Mayor's veto of Ord. 1010, Salary Plan, Continued FIRST READING OF ORDINANCES Ordinance #1011 Relating to Massage Parlors RESOLUTIONS Proposed Res. Authorizing Mayor to enter into Relinquishment Agreement with State of Wash. ♦79c MOVED BY HILL, SECONDED BY VAN DUSEN, THAT COUNCIL OVERRIDE THE MAYOR'S VETO AND ADOPT ORDINANCE NO. 1010. ROLL CALL VOTE: 4 YES GARDNER, HILL, MS. PESICKA, VAN DUSEN, 3 NOES BOHRER, SAUL, TRAYNOR. MOTION FAILED VETO STANDS. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT THIS ITEM BE PLACED IN THE COMMITTEE OF THE WHOLE MEETING OF APRIL 11, 1977. MOTION CARRIED. MOVED BY MS. PESICKA, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read an ordinance of the City of Tukwila amending Tukwila Municipal Code Section 5.40.050 and 5.40.100 and 5.40.160; and declaring an emergency. Attorney Hard explained that they have found the Massage Parlor ordinance needs amending. Just the sections in need of clarification have been changed. If Council wants to apply stricter regulations on the Massage Parlor they can further change the code. Councilman Traynor asked if Attorney Hard had seen the letter from Mr. Ressa, Attorney for the Massage Parlor, suggesting some changes he would like to see in the ordinance. Attorney Hard acknowledged that he had. MOVED BY TRAYNOR, SECONDED BY MS. PESICKA, THAT ORDINANCE NO. 1011 BE ADOPTED AS READ. MOTION CARRIED WITH BOHRER AND VAN DUSEN VOTING NO. Steve Hall gave a presentation on the three areas included in the Relinquishment Agreement. south 1. Portion of Christensen Road from Southcenter Blvd. to where the State Highway limitations end. 2. Portion of Southcenter Boulevard from 62nd to Interurban Ave. 3. Portion of Grady Way to the Renton City Limits. Mr. Hall stated that No. 3 is the only real problem and it includes Nelson Place. This street is substandard and the drainage is inadequate. Miss Helen Nelsen indicates that she and the State are still in litigation over this but the State says they aren't. In reviewing the minutes of March 4, 1963, the Council accepted Nelson Place and South 158th so there is no way to get out of taking this street. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution authorizing the Mayor to enter into a Relinquishment Agreement (GM -913) with the State of Washington, Washington State Highway Commission, in reference to relinquishment of certain rights -of -way. MOVED BY HILL, SECONDED BY SAUL, THAT THIS ITEM BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF APRIL 11, 1977. MOTION CARRIED. Resolution No. 578 MOVED BY TRAYNOR, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION BE Setting the time READ. MOTION CARRIED. and date to consider the petition for Deputy City Attorney Hard read a resolution of the City Council of a street vacation, the City of Tukwila setting the time and date to consider the petition Port. of So. 168th for a street vacation. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION NO. 578 BE ADOPTED AS READ. Councilman Bohrer asked if the petitioners were aware of Council Motion 77 -13 concerning the retaining of all public rights -of -way. Mayor Bauch stated it is very possible that they do. Councilman Pesicka said that if they read the last minutes they are because she asked about it then. *MOTION CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING April 4, 1977 Page 7 Resolution #579 Resolution order- ing the cancellation of outstanding municipal warrants. Resolution #580 Designating the use of certain unallocated funds made available from Pop. Monies of the Housing and Comm. Dev. Block Grant Pro. DEPARTMENT REPORTS Mayor's Report City Attorney's Report i 7 9 3 MOVED BY HILL, SECONDED BY TRAYNOR, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution of the City Council of the City of Tukwila ordering the cancellation of outstanding municipal warrants. MOVED BY HILL, SECONDED BY TRAYNOR, THAT RESOLUTION NO. 579 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Hard read a resolution of the Tukwila City Council designating the use of certain unallocated funds made available from the population monies of the Housing and Community Development Block Grant Program. MOVED BY HILL, SECONDED BY MS. PESICKA, THAT RESOLUTION NO. 580 BE ADOPTED AS READ. Mayor Bauch stated that the City received $1,569.00 of unallocated funds and will add this money to the trails system of the City. *MOTION CARRIED. Mayor Bauch reported on the following items: 1. The Hazelnut is in the mail and should be received by the citizens before long. 2. We are now under OMC and need to take a good look to see if the way we have been doing things is still the way they should be done. 3. He has been informed by the Architect that they are ready with the final design of city hall to present to the Council MOVED BY MS. PESICKA, SECONDED BY SAUL, THAT COUNCIL HOLD A SPECIAL MEETING, 6:00 P.M., MONDAY, APRIL 11, 1977, TO CONSIDER THE ARCHITECTS FINAL DESIGN OF CITY HALL. MOTION CARRIED. Deputy City Attorney Hard reported on the following items of current business in their office: 1. The Massage Parlor problems and ordinance have taken time. 2. Planning Commission Meetings while working on the Subdivision Code and the Comprehensive Plan have taken considerable time. 3. There has been no news from the Court of Appeals in the Davis vs. Todd case. 4. The transcript in the CHG Suit has been filed with the court. 5. The Fire Department Lawsuit is still being worked on. 6. There have been appeals from the Municipal Court. 7. He requested an Executive Session with the Council so they could discuss the LID #25 Lawsuit. Councilman Traynor asked if the City could outlaw Massage Parlors. Attorney Hard stated that the City can not pass an ordinance that says Massage Parlors are illegal and we do not want them. You can focus on the problems you are having and restrict them. Your ordinance can be more strictly amended. It is possible to regulate dress apparel, hours they are open or request they list the patrons. Mayor Bauch stated that he will be back to the Council with some suggestions at a later date. MOVED BY MS. PESICKA, SECONDED BY SAUL,THAT COUNCIL GO INTO EXECUTIVE SESSION AFTER A 5 MINUTE BREAK. MOTION CARRIED. EXECUTIVE SESSION 9:45 P.M. Mayor Bauch, all Council Members, Mr. Stoknes, and Mr. Hall were in attendance. TUKWILA CITY COUNCIL REGULAR MEETING April 4, 1977 Page 8 Executive Session MOVED BY SAUL, SECONDED BY HILL, THAT THE EXECUTIVE SESSION BE Closed, 10:04 P.M. CLOSED. MOTION CARRIED. ADJOURNMENT 10:05 P.M. MOVED BY SAUL, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Edgartb. Bauch, Mayor Maxine Anderson, City Clerk i79y