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HomeMy WebLinkAbout1979-07-02 Regular MinutesTUKWILA CITY COUNCIL July 2, 1979 Tukwila City Hall 7:00 P.M. Council Chambers FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL PUBLIC HEARINGS Consider adoption of the Six Year Transportation Improvement Program 7:10 P.M. Regular Meeting MINUTES Mayor Bauch, presiding, led the Pledge of Allegiance and called the Regular Meeting of the Tukwila City Council to order. LIONEL C. BOHRER, Council President; MABEL J. HARRIS, GEORGE D. HILL, DANIEL J. SAUL, GARY L. VAN DUSEN. MOVED BY BOHRER, SECONDED BY HILL, THAT COUNCILMAN TRAYNOR BE EXCUSED FROM THE MEETING. MOTION CARRIED. LAWRENCE E. HARD, City Attorney; KJELL STOKNES, OCD Director; TERENCE MONAGHAN, Public Works Director; MAXINE ANDERSON, City Clerk. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF JUNE 18, 1979, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Claims Fund Vouchers #3310 #3433 Current Fund 3310 -3385 31,587.51 Golf Crse. Spec Rev. 3386 -3387 2,718.00 Street Fund 3388 -3402 85,387.58 Fed. Shared Revenue 3403 -3404 31,836.72 City Hall GO Debt. 3405- 30,407.67 Land Acq, Bldg, Dev. 3406 -3410 6,896.76 Golf Acq. Improve. 3411 -3412 11,327.29 Water Fund 3413 -3423 7,494.78 Sewer Fund 3424 -3433 3,750.25 $211,406.56 Councilman Johanson arrived at the meeting. Mr. Fred Pack, 5149 South 164th, said he was not trying to represent the people on his street, but had with him letters from four other residents, as follows: Steve and Gretchen Erickson, 5103 South 164th St. John and Katherine Schwarzmann, 16251 52nd Ave. So. Marvin and Elaine Hagen, 5134 South 164th St. Richard and De An Small, 16244 52nd Ave. So. a Li 9,5 Mayor Bauch explained that the Six Year Transportation Improvement Program is a planning document to project priorities of city street projects for the next six years. Surrounding cities will receive a copy of the plan and Tukwila will receive theirs so each city is aware of the actions planned by the other cities. This document is not a binding document and is updated each year. With that, Mayor Bauch declared the Public Hearing open. Terry Monaghan, Public Works Director, explained that the Six Year Transportation Program is required by state statute. This is the basis on which the City shows its intent to request funding from both local and federal or state agencies. The document has to be adopted by the City Council and submitted to the various state agencies prior to July 31, 1979. It is the intent to use this document in preparing the 1980 budget. It will also be used as a guide in seeking funds for Federal Assistance on some projects. There are others on his street who are interested but were unable to make it this evening. It is the opinion of the people in this area that they do not wish the City streets to be widened in any way nor do they want sidewalks or curbs. Councilman Bohrer asked TUKWILA CITY COUNCIL, REGULAR MEETING July 2, 1979 Page 2 PUBLIC HEARING Cont. Consider Adoption of the Six Year Transportation Improvement Program CITIZEN'S COMMENTS Park Ride Lot 57th South Street Improvement PETITIONS, Maintenance Dept. Utility Person There being no further comment, the Public Hearing was closed. COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Mr. Pack what area he was addressing and was told South 164th and the small stub of 52nd South. Mr. Pack requested that, before any action is taken, a consensus of the area be taken. He offered to circulate a petition if necessary. Mayor Bauch said it would help, for planning purposes, if the City had a petition signed by fifty percent of the residents on the street. Mr. Pack offered that they appreciate the underground wiring and the street lights. Due to the quietness of the area and the deadend streets, they don't need sidewalks. They would like to keep the area as it is. Councilman Bohrer asked if the pavement on the street is broken as a result of the undergrounding program. Mr. Pack said not enough to worry about, it was repaired quite adequately. Mrs. Ann Crain, 5105 South 163rd Place, said she agreed with Mr. Pack. They are having no problems on their street. She has talked to her neighbors and they are also opposed to the widening of the street. Mrs. Crain added that the street looked nicer before the undergrounding went in, but there really is no problem. She offered to pass a petition if Council wanted it. Mayor Bauch said it would help the Public Works Director if they had one. Mrs. Crain asked if it was possible for the Council to meet with Metro concerning the installation of a Park and Ride lot within the City limits. With the gas situation we need one. Mrs. Phyllis Pesicka, 14726 57th South, commented that they had attended a meeting on the street improvements for 57th South. At first they were told the project would come right to their property lines. There would be a sidewalk installed on one side and the street would be widened to the property lines. Now, they find that there is going to be a five foot strip left between the curb and their property line. They do not like this -it will make the street too narrow. If they are going to do this, why don't they install sidewalks on both sides. She said she is speaking for herself, Mn Torghele and Mrs. Murray. Mayor Bauch said he and Mr. Monaghan would inspect the street tomorrow. Mrs. Pesicka said further, that they were told the street would be lowered several inches, now they find it is going to be raised. The runoff from the street goes into their yard now, raising it will make it worse. Mr. Monaghan explained that in the 1979 budget the City Council specified "that if there is a reduction in manpower in either the Park or Sewer Departments for any reason, the manpower will not be replaced without the consent of the Council." At present, two utility persons have resigned. He requested that Council approve the hiring of one utility person. This employee would be assigned to a pool so he could be placed in areas where the work need is. Councilman Harris verified that Mr. Monaghan had a meeting with the Finance and Personnel Committee. She said she toured the City to look at maintenance areas and that she concurred with the request for a new utility person. MOVED BY HARRIS, SECONDED BY VAN DUSEN, THAT COUNCIL CONCUR WITH THE REQUEST OF THE PUBLIC WORKS DIRECTOR.* Councilman Bohrer referred to a memorandum written by Councilman Traynor last year at budget time which analyzed the level of manpower in the Sewer, Water and Park Departments. The conclusion was that we were perhaps overmanned by one or two men. This was TUKWILA CITY COUNCIL, REGULAR MEETING July 2, 1979 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Maintenance Dept. Utility Person Release of retainage to Roxbury Constr. for City Hall construction considered at some length at budget time. The memo from the Public Works Director does not really address the need for this additional person. There probably is a seasonal need in the Park Department and possibly a seasonal need in the Street Department during the winter. Mr. Traynor's point was that in total for the three departments the manning excess was one or two men. This puts us even based on his analysis of the current manning. Councilman Bohrer questioned whether it was desirable to add an additional man. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THIS SUBJECT BE TABLED. MOTION FAILED. 0197 Councilman Harris said possibly Mr. Traynor was correct but actual work load does not seem to work out this way. We definitely do need the additional person. We will have to lower our maintenance level or hire one more person. Councilman Hill said there was a lot of discussion about this and everyone was not in agreement that the City was over staffed. He said he agreed with Councilman Harris that Public Works should be allowed to hire one more person to maintain our level of service. Councilman Bohrer said he would still like to see the justification based on the work orders. Mayor Bauch explained that, since the budget was adopted the Work Order System has been instituted and it shows where the man hours are concentrated. Work is being done according to need. He concurred with the hiring of one person. Councilman Bohrer again asked to have data submitted to Council showing the person is required. Councilman Van Dusen volunteered that the Committee did see some figures. *MOTION CARRIED WITH BOHRER AND JOHANSON VOTING NO. Terry Monaghan, Public Works Director, recommended that retainage in the amount of $72,346.15 be released to Roxbury Construction Company for the construction of new city hall. It is being held in escrow at Seattle Trust and Savings Bank and must have Council approval to return it to the Contractor. The one year warranty period began with the date of substantial completion, October 2, 1978, and all items which need correction will be done under the terms of the contractor's warranty and performance bond. The release of the retainage does not constitute acceptance of the job. Mr. Tom Emrich, Mithun Associates, said this building like all buildings is a man made product designed by man -and people do make errors, they are not absolutely perfect. There are a few things that will appear in a building that are a product of that procedure. There are also things that will appear because of the nature of the materials used. Councilman Saul expressed satis- faction and pleasure with the building. Council Bohrer asked if all of the items on the Final Punch List have been completed and Mr. Monaghan agreed that they had. Council- man Bohrer said dissatisfaction had previously been expressed over the acoustics in the Council Chambers, and he has some problems with the acoustics in the Council Work Room. He asked if these problems had been investigated. Mr. Emrich said he was not aware of the problems but would be happy to check on them. MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT COUNCIL AUTHORIZE RELEASE OF THE RETAINAGE BY LETTER TO SEATTLE TRUST AND SAVINGS.* Mayor Bauch explained that there is a Performance Bond for the amount of the contract. If it becomes necessary, the City can go to the Bonding Company for them to make anything good beyond the $72,000 retainage. The Contractor did a good job and put in extra effort. We should be very pleased with the workmanship we got. TUKWILA CITY COUNCIL, REGULAR MEETING July 2, 1979 Page 4 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Release of Retainage to Roxbury Constr. for City Hall construction RECESS: 8:05 p.m.- 8:15 p.m. Criteria No. Z Criteria No. 2 Councilman Bohrer said he is generally pleased with construction and design but would like a report on the two acoustic problems before the warranty is up. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order with Council Members present as previously reported. Waiver request Mrs. Annabelle Powers, 16442 51st Ave. So., explained that they by R A Powers- are requesting a waiver for their property located in the south So. 151st 52nd west quadrant of the intersection of South 151st St. and 52nd Ave. So. South. The waiver is required because they would like to build a triplex and the Comprehensive Plan of the City designates the use as low density residential. Councilman Van Dusen questioned whether the proposed development meets the covered open space requirements. He felt the intent of the covered open space was for swimming pools, tennis courts, playgrounds -items separate from the building. He suggested that the intent be discussed at a later date. He is concerned that the "enclosed" recreation space could be closed off and used for something else, then it is no longer recreation space, and the City might not have the power to request it be opened back up. Mr. James Doggett, designer of the building, explained that the recreation area is intended for use by the three units. Each has a separate entrance to the area. There is no intent on his part to provide for the blocking off of this recreation area. Kjell Stoknes, OCD Director, explained that the size of the lot (7,200 sq. ft.) does not include the easement road on the east of the property. This road enters the site off of So. 151st Street. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #1, DOES THE PROPOSED ACTION REPRESENT A UNIQUE CONDITION Councilman Bohrer asked if there are undeveloped areas adjacent to this site. Mr. Stoknes said yes, to the west and south. ROLL CALL VOTE: BOHRER NO HARRIS NO HILL NO JOHANSON NO SAUL NO VAN DUSEN NO *MOTION FAILED, 6 NO. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #2, IS THE PROPOSED ACTION SIGNIFICANT IN SCALE Councilman Hill noted the building is going to be 35 feet high and asked for a comparison. Mr. Stoknes said a typical four story office building would be approximately 36 feet. Councilman Saul noted that the triplex built by Toltec is on a lot 8,900 square feet while this site is 7,200 and the height of the Toltec unit is 18 feet while this proposed building is for 35 feet. Mr. Stoknes commented that every action the Council makes on this type of thing is precedent setting. TUKWILA CITY COUNCIL, REGULAR MEETING July 2, 1979 Page 5 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver request by R A Powers So. 151st 52nd So. Criteria No. 3 Criteria No. 4 Criteria No. 5 ROLL CALL VOTE: HARRIS NO, I do not believe the proposed action is significant in scale. HILL YES, 35 feet among 18 foot houses, plus change in ground level, will make it quite a bit higher. JOHANSON YES, it is significant in scale. SAUL YES, same reason. VAN DUSEN YES, on the height. BOHRER YES, concur with Mr. Hill's reason. *MOTION CARRIED, 5 YES; 1 NO. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #3, HAS THE APPLICANT SHOWN THAT NO REASONABLE ALTERNATIVES ARE AVAILABLE WHICH WOULD NOT REQUIRE A WAIVER ROLL CALL VOTE: HILL N /A, it does not apply. JOHANSON N /A. SAUL N /A. VAN DUSEN N /A. BOHRER YES. HARRIS N /A. *MOTION FAILED, 5 N /A; 1 YES. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #4, IF THE REQUEST FOR WAIVER INVOLVES BUILDING, GRADING, CLEARING, EXCAVATION, OR FILLING IN A GEOGRAPHICAL AREA GENERALLY IDENTIFIED BY THE ENVIRONMENTAL BASE MAP AS AN AREA OF HIGH NATURAL AMENITY OR DEVELOPMENT CONSTRAINT ARE SUFFICIENT MITIGATING MEASURES PROVIDED Councilman Bohrer recommended that Council vote not applicable. *THERE BEING NO APPEAL TO THE RECOMMENDATION, MAYOR BAUCH DECLARED CRITERIA #4 NOT APPLICABLE. MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #5, IS THE REQUEST FOR WAIVER CONSISTENT WITH THE GOALS AND POLICIES OF THE COMPREHENSIVE LAND USE POLICY PLAN Councilman Saul said it is not consistent with the Comprehensive Plan but it is consistent with his way of thinking because Council has already allowed a triplex and a duplex. The Comprehensive Plan is obviously wrong for this area since we have already allowed multiple residences. Councilman Johanson said the question of 35 feet comes into it. Councilman Bohrer reminded Council that the request for waiver is necessary because it is inconsistent with the map. The question asks about consistency with the goals and policies. On his appli- cation he cites two of the goals that support his request. Council- man Hill asked if the applicant is trying to get too much on too little. Is it too big a building on too small a lot. ROLL CALL VOTE: JOHANSON YES. SAUL YES. VAN DUSEN YES. BOHRER YES. HARRIS YES. HILL YES. *MOTION CARRIED, 6 YES. TUKWILA CITY COUNCIL, REGULAR MEETING July 2, 1979 Page 6 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver request by R A Powers So. 151st 52nd So. Criteria No. 6 Criteria No. 7 c) Sot) MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL REGISTER A YES VOTE ON CRITERIA #6, DO THE REQUIREMENTS OF THIS WAIVER ORDINANCE IMPOSE A SPECIAL HARDSHIP TO THIS SITE ROLL CALL VOTE: SAUL NO. VAN DUSEN NO. BOHRER YES. HARRIS YES, the requirements do impose a special hardship to this site. HILL NO. JOHANSON NO. *MOTION FAILED, 4 NO; 2 YES. Councilman Bohrer said he worded Criteria #7 and now feels it should be answered regardless of how Criteria #6 was answered. He requested that the first portion of the sentence, "If the answer to the above question is yes," be omitted. MOVED BY BOHRER, SECONDED BY HARRIS, THAT COUNCIL REGISTER A YES VOTE ON A MODIFIED CRITERIA #7, WOULD A GRANT OF THE WAIVER NECESSITATE A MAJOR POLICY COMMITMENT PRIOR TO THE ADOPTION OF THE NEW ZONING ORDINANCE AND MAP ROLL CALL VOTE: VAN DUSEN NO, I do not believe it would be a major policy commitment. BOHRER NO, since we have already granted a waiver in the area for multiple family uses, it does not represent a major commitment. HARRIS NO, same reason. HILL NO, not major but the height and density bother me so its a minor one. JOHANSON NO, it does not necessitate a major commitment. SAUL NO. *MOTION FAILED, 6 NO. Councilman Bohrer summarized the voting. There are a total of 7 Criteria, on two of them the vote was not applicable. Of the other five, Council voted against three and voted in favor of two. MOVED BY BOHRER, SECONDED BY HILL, THAT COUNCIL APPROVE THE PRELIMINARY WAIVER SUBJECT TO THE FOLLOWING CONDITIONS: 1. NO MORE THAN TWO UNITS BE BUILT ON THE SITE. 2. THE HEIGHT NOT EXCEED 20 FEET.* Attorney Hard said the applicant has come before Council with a specific request and that is before the Council tonight. On the other hand, the applicant is interested to know, if you don't like the proposal, what is it you would accept. The best thing to do is to act on the specific application. Then, it is within the power of the Council to grant a waiver subject to the conditions Council is interested in imposing. The problem is that the applicant may not be interested in this. *SECOND WITHDRAWN BY HILL. MOTION WITHDRAWN BY BOHRER. MOVED BY BOHRER, SECONDED BY SAUL, THAT COUNCIL APPROVE THE PRELIMINARY WAIVER AS SUBMITTED.* Attorney Hard explained that Council had seven items to consider but in each of their minds some are more important than others. You cannot and should not vote a straight yes vote. You may vote no on one of the criteria but it may not be as important as the others. This is why Council now has a number of options to vote on. TUKWILA CITY COUNCIL, REGULAR MEETING July 2, 1979 Page 7 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Waiver Request by R A Powers So. 151st 52nd So. RECESS: 9:15 p.m.- 9:25 p.m. RESOLUTIONS Resolution #689 adopting a revised Comprehensive Transportation Program ROLL CALL VOTE: BOHRER NO, relative to the surrounding developments, it is significant in scale. HARRIS YES. HILL NO. JOHANSON NO, concerned about the height and density. SAUL YES. VAN DUSEN YES. MAYOR BAUCH NO, because of the double height between this and the adjacent project and the high density on the smaller lot. *MOTION FAILED, 4 NO; 3 YES. MOVED BY BOHRER, SECONDED BY HILL, THAT COUNCIL APPROVE THE PRELIMINARY WAIVER SUBJECT TO TWO CONDITIONS: 1. NO MORE THAN TWO UNITS BE BUILT. 2. THE HEIGHT NOT EXCEED 20 FEET.* Councilman Saul expressed concern that two units might not be feasible because of the cost. Councilman Bohrer explained that two units would make him more compatible with the density of the surrounding developments. This is establishing a precedent in this area. The three units are part of what is driving the height of the buildings up. Mr. Stoknes suggested that Council allow them up to 25 feet for design flexibility. This is still within a reasonable height limit. Mr. Doggett asked if the units on the adjacent properties are setting the policy for this site? Councilman Bohrer said Council is concerned that the proposal is too far from the guideline established in the area. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT THE MOTION BE AMENDED TO CHANGE THE HEIGHT FROM 20 to 25 FEET. ROLL CALL VOTE: BOHRER YES. HARRIS NO. HILL NO. JOHANSON YES. SAUL NO. VAN DUSEN YES. MAYOR BAUCH YES *MOTION CARRIED, 4 YES; 3 NO. *MOTION CARRIED AS AMENDED WITH HARRIS AND HILL VOTING NO. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT COUNCIL RECESS FOR FIVE MINUTES. MOTION CARRIED. Mayor Bauch called the meeting back to order with Council Members present as previously reported. e.50( Mayor Bauch noted that research shows that the Comprehensive Transportation Program does not have to be adopted by ordinance. Because of the publishing requirement for ordinances, he recommended it be adopted by resolution. TUKWILA CITY COUNCIL, REGULAR MEETING July 2, 1979 Page 8 RESOLUTIONS Cont. Resolution #689 adopting a revised Comprehensive Transportation Program ORDINANCES Ordinance #1117 Prohibiting direct dialing automatic telephone dialing systems to the Tukwila Police Dept. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE COMPREHENSIVE TRANSPORTATION PROGRAM BE ADOPTED BY RESOLUTION. MOTION CARRIED. Mayor Bauch said some policy decisions need to be made by Council that have a bearing on the Transportation Program. One, that the City no longer pursue undergrounding separate from the street improvement program. Second, that the 1979 undergrounding program be deferred to a later time. Councilman Harris asked if people do not want their street improved will the City not install the undergrounding. Mayor Bauch said this is only for undergrounding in conjunction with a street program. They will be done at the same time. South 149th has already petitioned for undergrounding only. It is what the people want. We are spending a considerable amount of money on these projects and we are having to relocate utilities because there has not been a thorough enough street design done. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE CITY NO LONGER UNDERGROUND SEPARATELY ON STREET IMPROVEMENT PROGRAMS WHERE BOTH ARE TO BE DONE AND THAT THE 1979 UNDERGROUNDING PROGRAM BE DEFERRED.* Councilman Johanson asked what is holding up the LID #29 street project along with the South 153rd street improvement. Mr. Monaghan explained that there have been problems with the acquisition of right -of -way but Attorney Hard is working on it. The project should be ready to go about mid September. *MOTION CARRIED. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read a resolution adopting a revised and extended comprehensive transportation program in accordance with R.C.W. 35.77 and R.C.W. 36.81. MOVED BY HARRIS, SECONDED BY HILL, THAT RESOLUTION #689 BE ADOPTED AS READ.* aso Councilman Bohrer said that earlier a connection between the intersection of So. 180th and Southcenter Parkway and the I -5 Freeway on ramp at South 188th was discussed. He asked if this was included in the final plan and was told no. He felt this is a key connection that should be considered for two reasons: (1) It gives a second freeway access and (2) It opens up another path for east west traffic. Mr. Monaghan referred to Items 21 and 22 and said he felt these address Councilman Bohrer's question, but there is no money included for a freeway bridge. Councilman Bohrer noted that Work Codes N and 0 refer to trails and bicycle paths and that they are only referred to in Item 3. He felt there are other locations where they would be desirable. He suggested that they be added to Southcenter Boulevard, Project #1. Mr. Monaghan said this is an oversight. We are working with the Planning Department to provide a connection between this street and the Christensen Trail bike path. *MOTION CARRIED MOVED BY BOHRER, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. City Attorney Hard read an ordinance of the City of Tukwila, Washington, prohibiting direct dialing automatic telephone dialing systems to the Tukwila Police Department; providing for charges for false alarms; providing for written notification TUKWILA CITY COUNCIL, REGULAR MEETING July 2, 1979 Page 9 ORDINANCES Cont. Ordinance #1117 Prohibiting direct dialing automatic telephone dialing systems to the Tukwila Police Dept. DEPARTMENT REPORTS City Attorney's Report EXECUTIVE SESSION: 10:20 P.M.- 11:00 P.M. MOVED BY BOHRER, SECONDED BY SAUL, THAT ORDINANCE NO. 1117 BE ADOPTED AS READ.* of connection to outside audible intrusion alarms; and providino for penalties for violation of the ordinance. Councilman Van Dusen questioned Section 3, "Any alarm audible upon abutting property for a period in excess of one hour is declared to be a public nuisance." He said after 'one hour' it would be a nuisance. Mr. Pat Lowry explained that a lot of thought was put into this. A lot of the subscribers to this type of system live north of Seattle, and this is to give them time to get here. If the alarm is working properly it should shut down in 15 minutes. After an hour the alarm can be disconnected or the wire can be cut. Councilman Van Dusen said he felt an hour was too long. Councilman Harris asked about the wording in Section 6, "without prior written authorization." Attorney Hard said he added this and it may not be necessary. Mr. Lowry asked to have the words stricken so as not to leave a loop hole. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT SECTION 6 BE AMENDED BY STRIKING THE WORDS "WITHOUT PRIOR WRITTEN AUTHORIZATION." MOTION CARRIED. Councilman Bohrer asked to go back to the question of the one hour alarm in Section 3 as previously raised by Councilman Van Dusen. Mr. Lowry explained that if the alarm is working properly it will only operate for 15 minutes. If it continues to work then it is not working properly or there is a condition to cause the alarm to reset and come back on again. It takes about 15 minutes for the Police to make a perimeter check. If the alarm keeps going then they know they have a faulty alarm. With this ordinance the Police can do something about it. MOVED BY VAN DUSEN, SECONDED BY SAUL, THAT SECTION 3 BE AMENDED TO READ "ONE HALF HOUR." MOTION CARRIED. *MOTION CARRIED TO ADOPT THE ORDINANCE AS AMENDED. Attorney Hard said he has received a letter from an Attorney representing Glen Anderson, 56th Avenue South, concerning Mr. Anderson's driveway. He is asking the City to reconsider its decision. They do not want to file a lawsuit. They would like to settle. He is saying the City is trespassing without permission. LID #29 has presented a problem. The one remaining property owner that has not deeded right -of -way to the City has been contacted. A lawsuit will be filed against them if they don't honor their commitment. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE CITY ATTORNEY BE AUTHORIZED TO FILE A LAWSUIT FOR LID #29. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY HILL, THAT COUNCIL GO INTO EXECUTIVE SESSION. MOTION CARRIED. Executive Session called to discuss labor negotiations with the Firefighters. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE EXECUTIVE SESSION BE CLOSED. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING July 2, 1979 Page 10 ADJOURNMENT: 11:01 P.M. MOVED BY BOHRER, SECONDED BY HARRIS, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED. Mayor ti 'ty Clerk ?s y