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HomeMy WebLinkAbout1974-12-20 Regular Minutes TUKWILA CITY COUNCIL REGULAR MEETING J000 December 19, 1974 Page 14 MISCELLANEOUS AND FURTHER ADUIENCE COMMENTS Agenda meeting Councilman Traynor noted that the December 26 agenda meeting is scheduled by the calendar two weeks before the next regular meeting and requested that January 2 be set instead. Councilwoman Harris agreed that the December 26 meeting be cancelled and the Council hold its committee of the whole meeting on January 2, 1975 at 7 :30 P.M. Appeal to Boundary Councilwoman Harris stated that she had learned the 10-day Review Board appeal period does not commence until the proper paperwork is filed with the King County Council and not from the time the Board renders its decision, which would be December 12. She stated the City can expect a copy of the papers at the time they are filed. She suggested the Council consider the appeal at that time. She also stated there are other avenues regarding this matter the Council should consider: the City can send the original petitions back to King County Records and Elections for re- certification of signatures within the adjusted boundary; insure the City Council approves the modified boundaries before it is presented to the area's resi- dents for an election; or consider the whole thing again due to the fact that the major industrial area was deleted which would have provided the tax base for the area and to the City of Tukwila. Mayor Todd stated if the letter comes in tomorrow from King County, the next regular meeting of the Council will not be until January 6 and this was his main concern time is of the essence. Green River Councilwoman Davis asked if a meeting will be required soon of Drainage meeting the Council to consider the wetlands proposals. Councilman Gardner and Johanson stated each City is expected to provide input and the Council and administration would need to give them as representatives some kind of direction. Councilman Traynor stated he felt the matter should be discussed at the committee of the whole meeting December 23. RECESS 8 :05 P.M. MOVED BY SAUL, SECONDED BY STERLING, THAT THE MEETING RECESS TO 5:00 P.M. DECEMBER 20 IN THE CITY COUNCIL CHAMBERS. CARRIED. TUKWILA CITY COUNCIL REGULAR MEETING December 20, 1974 5 :00 P.M. CALL TO ORDER Mayor Todd called the continued meeting to order. ROLL CALL OF GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, JOHANSON. COUNCIL MEMBERS MOVED BY TRAYNOR, SECONDED BY JOHANSON, TO EXCUSE COUNCILMAN SAUL. CARRIED. RECESS Mayor Todd announced that the City Attorney was present 5:05 P.M. 5 :08 P.M. but is presently awaiting a call in the office. MOVED BY JOHANSON, SECONDED BY TRAYNOR, TO RECESS UNTIL CITY ATTORNEY IS PRESENT. CARRIED. Mayor Todd called the meeting back to order with Council Members present as noted above. Mayor Todd explained that Attorney Parker was on the telephone regarding a $100,000 law suit served today on Chief Sheets regarding some discussion that was reported to have been held at some point in time between the Police Chief and another Police Chief concerning a gentleman by the name of Clifford Bennett. TUKWILA CITY COUNCIL REGULAR MEETING December 20, 1974 Page 15 Discussion concerning law suit involving Police Chief John Sheets RECESS 5 :15 P.M. 5:17 P.M. Discussion concerning law suit involving Police Chief John Sheets Contd. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT THE CITY COUNCIL RETAIN SOME OTHER T }GAL SERVICES TO REPRESENT US IN THIS PARTICULAR CASE. Councilman Johanson stated he knew Attorney Parker is involved with another case for the City and is already working on that and his time is filled with that matter and I think we should solicit other legal assistance for this special case that is coming up. Councilwoman Davis made an amendment to the motion. Mayor Todd asked that the motion be read as it was stated before the amendment to the motion was presented. City Clerk Shirlee Kinney read the motion as stated that the City Council retain some other legal assistance for this case regarding the Police Chief. Attorney Parker stated that the reason for his delay in being able to attend the meeting when it started was due to the fact that he was trying to get through to the insurance agent and he said he was just going to enter an appearance in this case and in all probability it will be turned over to the insurance carrier but he wanted to enter the appearance immediately so there was no danger of any de- fault being taken, so in all probability this is what is going to happen anyway whether the Council makes a motion to that effect or not. Councilwoman Davis stated that the motion as made was not correctly stated and she wondered if the maker of the motion wanted to leave it as it is or correct it. Councilwoman Harris asked if the tape could be played back. City Clerk Shirlee Kinney asked if the meeting should be re- cessed while the tape was reviewed. Mayor Todd suggested that instead of recessing the meeting, that the tape be played back loud enough so everyone could hear it. The tape was played back. Attorney Parker was called to the telephone. MOVED BY DAVIS, SECONDED BY STERLING, THAT THE MEETING RECESS UNTIL ATTORNEY PARKER RETURNS. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. Councilman Johanson stated he had written the motion as recorded for clarification and asked if the motion should be rescinded. Councilwoman Harris asked if the Chair had stated the Motion. Mayor Todd stated the Motion was quite lengthy and that is the reason it was played back and had not been stated by the Chair. Councilwoman Harris stated in that case she would withdraw her second to the Motion. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT THE CITY RETAIN AN ATTORNEY TO REPRESENT US IN THIS SPECIAL CASE. Mayor Todd asked if there was a need to refer to the specific case in order to identify it. Motion was read as stated. Councilwoman Davis stated she would like to amend the motion by adding the words "and not to be the Recording Attorney Mayor Todd asked Councilwoman Davis if she would like this in the form of a motion. Councilwoman Davis said she would submit to Councilwoman Harris to straighten it out. Councilwoman Harris stated that if Councilwoman Davis meant the above mentioned motion she would like to offer a friendly amendment. Councilwoman Davis stated she wished to put her amendment in the form of a motion. Mayor Todd stated the amendment to the motion as being to add the words "and not to be the Recording Attorney Councilwoman Davis stated yes and added the words "of record Mayor Todd stated the amendment as adding the words "and not to be the Recording Attorney of record Mayor Todd stated she did not finish her amendment with the words "of record" she had finished her sentence with "attorney Councilwoman Harris stated she would like to offer a friendly amendment to Councilwoman Davis' motion. Mayor Todd asked for a second to Councilwoman Davis' motion before consider- ing Councilwoman Harris'motion. Councilwoman Davis and Harris said it was not necessary when a friendly amendment was offered. Councilwoman Harris stated that the word "Recording Attorney" be changed to read "Attorney of record Councilwoman Davis stated this change of wording was agreeable to her. Mayor Todd read the motion of amendment to read "and not to be the attorney of record Amended amendment was seconded by Johanson. Council President Traynor asked what an attorney of record is. Councilwoman Davis explained that it was her understanding that once an attorney files and aids in a case then the City is unable to hire outside legal aid for this special case. She stated that on another case they had asked for the City Attorney to have aid and he refused. She further stated that it was her feelings at that time that he definitely needed aid; he indicated TUKWILA CITY COUNCIL REGULAR MEETING December 20, 1974 Page 16 Discussion concerning law suit involving Police Chief John Sheets Contd. 1 o earlier he was overworked and we found we would not be able to hire one, so this is our method for this special case. Attorney Parker then stated that he was the City Attorney and his respon- sibility under the laws of the State of Washington is to defend the City and the officers of the City in their official capacity in all suits brought against them in that capacity. He stated he had talked with Dick Anderson just a few minutes ago and a copy of the complaint has been forwarded to him. He stated he had been instructed by him and agree3 with the suggestion that he enter an appearance in this case. The insurance carrier then will make the determinations as to whether or not it will accept the tender of defense in this action and he said he was certain they would. He further stated that regardless of what the City Council does on this Motion he is going to be the attorney of record, no other attorney is going to appear in this case without his consent. He stated the Council had no auth- ority to deprive him of that responsibility so the Motion will be meaningless. Councilwoman Harris asked for an identification of the parties involved in this and the meaning of the suit. Attorney Parker stated that suit had not been filed, it is in the Superior Court, of the State of Washington, for King County, entitled "CLIFFORD BENNETT, PLAINTIFF, VS. JOHN SHEETS,_ DEFENDANT Mayor Todd asked if there was any further discussion on the motion. Councilwoman Harris stated that the Council can direct that in special cases they can have outside legal consul- tants; furthermore, that the State R.C.W. does give Council legislative authority to direct our City Attorney to do, or not to do, that he acts upon the direction of the Council. If this is the direction of the Council,it is authorized. Councilman Sterling asked for a clarification of the City Attorney's statement that he represent all City officers; he asked if this also included City Council. Attorney Parker replied under the proper circumstances, yes. Councilman Sterling asked Attorney Parker if he questioned Councilwoman Harris' statement regard- ing the R.C.W. she had referred to. Attorney Parker stated that Councilwoman Harris was wrong. He stated he had made his state- ment and that is what he was going to do, and whatever the Council does is not going to have any bearing upon his actions and it is going to take a case clear to the Supreme Court to make any change in that. Mayor Todd asked if there was any further discussion and if the Council would like to vote on the amended motion. Councilwoman Davis called for a point of order as there was a motion on the floor. Councilman Sterling asked what the problem and worry was about having outside help. Attorney Parker stated that outside help was not called for and he had not requested it. He further stated that the City Council could not divest him of his authority as City Attorney. He stated he serves at the pleasure of the Mayor. They cannot divest me of authority and they cannot water it down and I am not going to have it watered down by some other attorney butting in here now, if I want some help I will let you know. Council- man Sterling asked Attorney Parker if he was working for the Mayor or for the City. Attorney Parker replied that he was doing his job as called for and he stated he was not going to have five or six people sitting up there who knew nothing, abso- lutely nothing, about this problem going to direct him to listen to someone else about how to handle it. This amounts to absolutely nothing. We are going to enter an appearance to save the possibility of a default being entered. I have every reason to believe then that the insurance carrier is going to come in with their attorney and I will not have to do a thing. Councilman Sterling then asked that a verbatum written record of the Attorney's statement be written. Mayor Todd stated that the purpose of the tape and intent is to produce a verbatum record of the remarks made during these regular meetings of the Council. Councilwoman Harris asked Attorney Parker if he had said that the case had not been filed yet. Attorney Parker stated that he did not know whether or not it has been filed, there was no indication on the copy that he had that it had been filed. Councilwoman Harris stated then that John Sheets or the City, if it actually does involve the City, would not be involved until Attorney Parker stated that the City of Tukwila is not named as a party in this action. Councilwoman Harris then continued with the statement then that John Sheets is as Chief of Police. Until that case is filed or even if it TUKWILA CITY COUNCIL REGULAR MEETING December 20, 1974 Page 17 Discussion concerning law suit involving Police Chief John Sheets Contd. /oo3 was filed today although your copy may not have the number on it, the defendant is given a required period of time to appear before it becomes default. She asked if that was correct, that you don't default immediately. You have a certain amount of days to respond. Attorney Parker stated you have 20 days after it is served. It was served today. Councilwoman Harris stated it is not a case until it is filed and has a number on it. She asked if that was correct. Attorney Parker said yes. Council- woman Harris stated if it was served today and maybe it was filed today then we have 20 days to answer. She asked if that was correct. Attorney Parker said he had 20 days to answer on behalf of John Sheets, that the Council had nothing. They are not involved in this thing. Councilwoman Harris stated that we, the City, have 20 days to enter an answer. Attorney Parker stated that the defendant has 20 days to appear. Councilwoman Harris stated she did not see that we needed to rush off and appear Monday or Tuesday, I understand that you have 20 days to appear. Attorney Parker stated that he was going to appear tonight. My appearance will be in the mail tonight. Mayor Todd asked if there was any other discussion on the amendment to the motion, if not the question on the amendment, please. Councilman Gardner asked exactly how the City enters into this. Attorney Parker has said that the City has nothing to do with this, now the fact that John Sheets is Chief of Police for the City of Tukwila, doesn't that have something to do with the City of Tukwila? Attorney Parker said yes. Councilman Sterling then asked how isn't the City of Tukwila involved? Attorney Parker stated because they are not named. If the City of Tukwila was going to be a party to this law suit, it would be named. It would be John Sheets and the City of Tukwila. It is John Sheets period. Councilman Sterling asked if it was Attorney Parker's opinion then that this does not involve the City of Tukwila. Attorney Parker stated that John Sheets is an employee of the City of Tukwila, an officer and police chief of the City of Tukwila. Councilman Sterling then repeated was it Attorney Parker's opinion that this does not involve the City of Tukwila. Attorney Parker replied that it involves the City of Tukwila to the extent that John Sheets is an employee or an officer, he is the police chief of the City of Tukwila. The City itself is not a party to this action. Mayor Todd then asked who else wished to speak. Councilwoman Harris stated that she did not understand if Attorney Parker is uncertain the case has been filed, how he can answer it. Can he answer, or what? Attorney Parker said he realized why she could not understand this. He stated unfortunately she has a mistaken concept of what happened. This is the same form of a summons that was served upon the City some time back and you looked at it and said it was not legal, and you were mistaken then. This is the same summons that was used at that time. If the parties to this action simply ignore this thing, 21 days from now the plaintiff can go down and pay his $32 and file a case, enter a default, and enter a judgment at the same time. Take my word for it, that is the way it is done. Councilman Johanson asked for what if the City of Tukwila is not involved. Attorney Parker stated that the chief of police is involved, I am going to enter an appearance on behalf of the Chief of Police. Councilman Johanson said then you are saying the City of Tukwila is involved. Attorney Parker stated that I am saying the Chief of Police of the City of Tukwila is involved. Council- man Johanson said then you are saying the Council has nothing to do with the City business? Attorney Parker said he was saying the Council has nothing to do interferring with the function of the City Attorney in this particular case. Not only do you not have anything to do with it, you are not going to have anything to do with it. Councilwoman Harris asked if Attorney Parker would let them know again how it is worded. Attorney Parker replied no. Councilwoman Harris said she meant the title; is it directed to Mr. John Sheets, or is it directed to Chief John Sheets, City of Tukwila? Attorney Parker replied "Clifford Bennett, Plaintiff, vs. John Sheets, Defendant, State of Washington, To Said John Sheets, Defendant." Council- woman Harris asked if that would then be a personal law suit and not a City law suit according to the way it reads. She TUKWILA CITY COUNCIL REGULAR MEETING December 20, 1974 Page 18 Discussion concerning law suit involving Police Chief John Sheets Contd. /ba stated then it is personal and outside the jurisdiction of the City. Attorney Parker said yes. Councilwoman Harris said then what are you doing. Attorney Parker said he had read the complaint and as far as he was concerned it is not a matter of public record as yet and in his opinion it is his responsibility to defend this. If I am not defending this appearing as City Attorney, then I am appearing as private attorney for John Sheets. Now either way as City Attorney I do not want you interferring with my responsibilities and if I am appearing as private attorney for John Sheets it is none of your business. Councilwoman Harris said it was a conflict of interests. Councilwoman Harris said she would like to hear the wording of the summons. Attorney Parker said he would read it: "In the Superior Court of the State of Washington, for King County, Clifford Bennett Plaintiff, vs. John Sheets, Defendant, Number, Summons, The State of Washington, to Said John Sheets, Defendant, You and Each of you are hereby summoned to appear in Superior Court of the State of Washington, for King County, within 20 days after service of this summons upon you, if served within the State of Washington, and 60 days if served outside State of Washington, exclusive of the day of service, and defend the above entitled action. You are further required within said time to answer the plaintiff's complaint and serve a copy of your answer on the undersigned attorney for plaintiff at his office in Seattle, King County, Washington, said King County being the place designated by the plaintiff as the place of trial for said action. You are further notified that in case of your failure so to do judgment will be rendered against you according to the demands of the complaint which will be filed with the Clerk of Said Court, a copy of which is here- with served upon you. Gail P. Hilliard, Jr., Attorney for Plaintiff, 1900 Pacific Building, Seattle, Washington 98104. Councilwoman Davis said she would like to ask Attorney Parker why he feels this involves the City. Attorney Parker replied that John Sheets is the Chief of Police for the City of Tukwila. She asked if this was his only reason or do you know something we don't know, about this particular case. Attorney Parker said yes. Councilwoman Davis then asked if he would talk to the Council in Executive Session about it. Attorney Parker said no. Councilman Sterling asked if John Sheet's actions which resulted in this legal action were they being performed as the Chief of the City Police. Attorney Parker said he did not want to say any more about it. He thought it was something that should not be discussed at this point in time and should not even be discussed with members of the City Council. Councilman Sterling said for a point of clarity yes, an employee can work for an employer and he can cause action against himself for some reason other than having to do anything with the employer. Is this the case? Attorney Parker stated that exactly within the course and scope of his employment his actions can result in liability against the employer. He stated this was such a case, although the employer has not been named as a party yet. Councilman Sterling stated he must then assume that John Sheets was acting as the Police Chief of the City of Tukwila when this action took place. Councilwoman Harris said she would like to hear the complaint again. Attorney Parker said he would not read it again. Councilwoman Harris said it was a matter of public record. Attorney Parker said it was not as it had not been filed. Councilwoman Harris said it was attached to that and there was no reason they could not hear the complaint. Attorney Parker said there is one reason and that is I am not going to read it to you. Councilwoman Harris said the question was a matter of public record why can't the Council hear the complaint? Attorney Parker said because he would not read it. It was his judgment that nothing more should be said about it. John Sheets, Chief of Police, stated you are messing with my life! Mayor Todd said he recognized some concern for the Chief and he said he had concern for both the Chief and the City and also for the trend this conversation is taking, I think it is out of order, I think it is a useless waste of conversation, and the Chair rules there will be no further dis- cussion on this subject matter. Councilman Sterling stated that the Chair was overruled. Mayor Todd stated that was exactly the reason he had made the statement he had made, to give the Council an opportunity by an unanimous vote to overrule him. He stated that Councilman Sterling had said he was over- ruled but he could not overrule him. Councilman Sterling stated that by a point of order he could overrule him. Mayor Todd said he was wrong and there should be a vote on it. Councilwoman Harris appealed the decision of the Chair and called for a vote of the City Council. ROLL CALL VO1E: Sterling, Davis, Harris, Johanson AYES; Gardner, Traynor NO. TUKWILA CITY COUNCIL REGULAR MEETING December 20, 1974 Page 19 Discussion concerning law suit involving Police Chief John Sheets Contd. The vote was 4 to 2 to overrule the decision of the Chair. Councilman Sterling stated that he did not want anything to happen to hurt John Sheets, he explained that his argument was not that they did not want anybody to represent John Sheets, his argument is with the City Attorney telling the City of Tukwila that a case against the City Chief, the Police Chief of the City of Tukwila is none of the Council's business, that I think is wrong. Mayor Todd asked if there were any other remarks or comments, if not the Chair will consider this subject matter closed. The original motion was read, "That the City retain an attorney to represent us in this special case" and the amendment was to add the words "and not to be the attorney of record." Roll call on original motion as follows: Gardner, Sterling, Davis, Harris, Johanson AYES. Traynor NO. CARRIED. Roll call on Motion as amended: Gardner, Sterling, Davis, Harris, Johanson AYES. Traynor NO. CARRIED. Councilman Johanson asked if the original motion was still open for discussion. Mayor Todd said it was. Councilman Johanson said that at this point he would like to ask Chief John Sheets if he had anything to say. Chief John Sheets said he appreciated that, he had felt like a ping pong ball back there, and asked that his apologies be accepted. He stated that it was not every day that he was sued for $100,000. He stated that we have to answer within 20 days, and I will answer within 20 days and at that time I hope that my insurance carrier will cover it, and I am quite sure it will. It is very unfounded, and since it is unfounded I do not want it mentioned or spoken about until it is filed. Once it is filed then it is public record and then of course we will have to discuss it, but please consider my feeling on this matter. If the person does not file it, then it is completely unwarranted and there is nothing to talk about at this time. Councilwoman Davis stated that it was her main concern that the City Attorney should be directed to not handle it at file time and if we do not direct him at this time he will do it and then it will be too late. Council President Traynor stated he was not sure what the Council was attempting to do. Attorney Parker has stated he is doing his thing and if we tell him not to do his thing, we will hire another attorney, that means a retainer to start off the bat, that is cash right off the top if I remember right. It looks to me that all we will be doing is spending more of the tax payer's money. If he has this thing under control why are we going out and hiring again? Councilman Johanson stated that if the Council President did not understand it by this time then he did not know how to explain it. Council President Traynor stated that he had a feeling that since the City Attorney had said he had everything under control, that he has everything under control. Councilman Sterling stated that he hoped the only reason they were having these discussions is in the hopes of having the best possible protection for our Chief of Police. Mayor Todd asked the Council members if they would refrain from speaking to one another at the Council table and make remarks to each other when another member has the floor until such a time as they could speak individually so their remarks could be accurately reflected in the records. If you don't want your remarks into the record, please do not speak at the Council table. Councilman Johanson stated that Mayor Todd had set the precedent a number of times at a number of meetings by sitting and discussing things with the Council President which none of us have questioned you about, and he stated he did not understand why the Mayor was suddenly getting on them for small talk at the table. Mayor Todd stated that three conver- sations were going on at once, he could hear them and the tape that is recording is hard to decipher in the transcription of the spoken word, if you understand. Councilwoman Harris asked if that ruling also applies to the Chair itself not to kibbitz and harrass Council members while they are talking and ask them questions. Mayor Todd answered that it did apply to the Chair and he said that the next time he did to please correct him. Councilman Sterling asked to have the motion read again. City Clerk Shirlee Kinney read the original motion "That the City retain an attorney to represent us in this special case, as amended." Mayor Todd asked the Council permission to speak before this motion is passed, as Mayor and responsible party for signing the pay checks for incumberances against the City made by the Council. Mayor Todd asked to address the Council. MOVED BY STERLING, SECONDED BY DAVIS, THAT MAYOR TODD BE TUKWILA CITY COUNCIL REGULAR MEETING December 20, 1974 Page 20 Discussion concerning law suit involving Police Chief John Sheets Contd. 1975 Budget ALLOWED TO ADDRESS THE CITY COUNCIL. CARRIED. Mayor Todd stated that he wished to have the record made very clear that if this motion is passed it has no validity. It is made without authority and it can lead to nothing but personal liability on the part of the Council. He stated he could see that were this motion passed and were the City Council to retain an attorney in this matter, the future holds nothing but gloom, in my opinion, because of this action being taken. I do not think that the law contemplates the City Council having the authority to encumber the resources of the City in this manner against the wishes and due to the lack of request of the City Attorney to the City Council asking for help. I feel it would be derelict on my part to not speak against this issue and not advise the City Council that whoever they hire if they do follow through with this plan he may be in jeopardy of not getting pay for his services at least by any pay vouchers signed and approved by me. He will be paid over my objections. Councilman Sterling stated there were two points he would like to get some clarity on. One is the liability you referred to on the Council's actions would result in liability. Mayor Todd replied that he thought they would. Councilman Sterling asked if he would clarify that for him. Mayor Todd stated he did not think the Council has the authority to arbitrarily hire legal service over and above and outside the pervue and realm of the duties of the presently seated city attorney over his objections. Councilman Sterling asked Mayor Todd what he based that on. Mayor Todd replied that he based it on the law as he recognized it. Councilman Sterling asked what law that was. Mayor Todd replied that he was not prepared to quote the law. It is merely an opinion and only his. Councilwoman Davis requested that the minutes of the December 19 and 20 meetings be transcribed verbatim. Mayor Todd stated they had already had that request and that all of the minutes are as nearly as they can be made that way verbatim. ROLL CALL ON THE MOTION: Gardner, Sterling, Davis, Harris, Johanson AYES; Traynor NO. CARRIED. Mayor Todd stated that they were now at a point in time where they could discuss Agenda Item 7.a. Councilwoman Davis stated that she did ask City Clerk Shirlee Kinney to do several things before the ordinance is adopted. Shirlee Kinney wrote to Council President Traynor the following: "By placing these revised pages into their proper order and in the City Council's copy of the budget you will then have a complete and revised copy. Further, my original copy reflects these changes as does the second and third copies on file in my office. P. S. I am saving paper." Councilwoman Davis stated that was a good thought. Councilwoman Harris asked if there were three copies of the budget on file. City Clerk Shirlee Kinney answered yes. Councilman Sterling asked if the ordinance was passed, the budget ordinance, that night if it would be too late for the paper. Ed Penhale from Highline Times answered that he did not know. Council President Traynor read a note from Shirlee Kinney stating she had called the Highline Times and talked to Cricket and asked what would be the absolute latest time she could get an ordinance adopting the annual budget for 1975 to their newspaper so it would be published on December 25. She talked with Kim Robertson, the Associate Editor, and he said 5 P.M. Friday, December 20, 1974. Councilman Sterling asked when the note was received. Council President stated it was before 5 P.M., about 4 P.M. Councilwoman Harris stated that Highline Times is the main legal publication for the City of Tukwila, and as such should anticipate that the City will be having ordinances necessary to be published in each edition and I believe as a responsible newspaper they would make the effort to hold the space open as nearly as can be determined that would be required so that this vital ordinance can be published as required. Councilman Johanson asked if this now meets with the Attorney's approval. Attorney Parker stated that he was not ready to approve it, but that does not mean the City Council cannot pass it and it will become a law without his signature. He stated he simply had some additional TUKWILA CITY COUNCIL REGULAR MEETING December 20, 1974 Page 21 1975 Budget Contd. RECESS 6 :12 P.M. 6:17 P.M. 1975 Budget Contd. ADJOURNMENT 9 :04 P.M. 100 questions about it that have not been corrected and they can be corrected easily. He stated to go ahead and pass it without his approval the Council has passed other ordinances without his approval. Councilman Johanson stated that most of the reasons given had to do with content of it as opposed to form. Does the form suit you? Attorney Parker replied no. He continued that the ordinance itself is proper except that it incorporates by reference the entire budget. He stated he had thumbed through a little bit of it and there have been some corrections made that meet with my approval, there are three copies on file that are proper. Councilman Johanson asked if the corrections were in the amounts they do not have to meet with the approval of the City Attorney. Attorney Parker stated there is a difference of opinion between the City Council and the City Attorney. Either you pass it without my approval or you change it. My suggestion is that you go ahead and pass it without my approval. Councilman Johanson stated that tie form is the entire budget itself. There are some appropria- tions that I do not think proper and some things I have not had a chance to go into in detail, but that does not make that much difference. Go ahead and pass it. Councilman Sterling asked if Attorney Parker denies approval of this ordinance as to form. Attorney Parker stated yes he would not approve it as to form. Mayor Todd asked what the Council's pleasure was regarding Item 7.a. Councilman Sterling stated that this is contrary to a City ordinance which to my knowledge we have not passed an ordinance since the passage of the Council Procedures Ordinance that the City Attorney has not approved as to form. We had to approve that one for it to become law. Since that one we have not passed an ordinance to my knowledge that our City Attorney has not approved as to form. However, in the interest of City government and the interest of the employees of the City of Tukwila I feel justified at this time to override the City Attorney's disapproval as to form. MOVED BY STERLING, SECONDED BY DAVIS, THAT THE BUDGET BE PASSED. Mayor Todd stated that they had heard the motion moved and seconded that the City Council override the City Attorney's opinion at this time and pass this budget. Council President Traynor made a motion that the ordinance adopting the annual budget for the City of Tukwila for the year 1975 be read for the second time. Mayor Todd stated he was calling for a question on the motion to approve the motion placed on the floor by Councilman Sterling. Councilwoman Davis stated that the question had come up that we need to read this ordinance before adopting it. She said Councilman Sterling's motion should be voted negative so the Council could remake a motion to read the ordinance in full. *ROLL CALL VOTE: Gardner, Sterling, Traynor, Davis, Harris, Johanson NO. FAILED. MOVED BY DAVIS, THAT THE ORDINANCE ADOPTING THE ANNUAL BUDGET BE READ IN FULL (AGENDA 7.a.), SECONDED BY STERLING. CARRIED. Attorney Parker read the proposed ordinance adopting the annual budget of the City of Tukwila for the fiscal year 1975 and declaring an emergency. Councilwoman Harris stated she feels for the welfare of the City, she agreed 100% with Councilman Sterling but she does have a question about the amount in the land acquisition fund and she would like the Council to look into it at an appropriate time. MOVED BY JOHANSON, SECONDED BY STERLING, THAT THE MEETING RECESS FOR FIVE MINUTES. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. MOVED BY JOHANSON, SECONDED BY STERLING, TO PASS THE ORDINANCE 911 ADOPTING THE ANNUAL BUDGET FOR THE CITY OF TUKWILA FOR THE FISCAL YEAR 1975 AND DECLARING IT AN EMERGENCY. ROLL CALL VOTE: Gardner, Sterling, Davis, Harris, Johanson AYES. Traynor NO. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE REGULAR COUNCIL MEETING ADJOURN. TUKWILA CITY COUNCIL REGULAR MEETING December 20, 1974 Page 22 Discussion: Joanne Davis Councilwoman Davis asked for audience and if she could be and Frank Todd street excused by the Chair and become part of audience. Mayor Todd and sewer problem gave permission. Mrs. Joanne Davis stated from audience that last night after the meeting it was stated from Mayor Todd that he had a suit or filed complaint about my land and sewerage on my land. I think this should be settled and if there is any health hazard it certainly should be looked into. I must ask the Council, not knowing the case on this, and I feel I am being intimidated but it is fine if it is a health hazard, fine, I have offered before at my election time I realized he had some concern about this and I called up the City and said is there a problem, should we pay, how much should do we pay, and what not. They said don't worry about it, so now I am faced with this. I feel I have to give you this information of past history to clarify what happened. A drawing was made on the board giving location of various owners property this is Mrs. Kassners, Hollys, a vacant lot, and Todds, I don't know how much maybe two or three, there is a street that has never been finished a proposed street in through this area and it was supposed to come out through here. Years ago when I first moved, Mayor Todd started to build an apartment develop- ment. I talked to the Council after a time because my concern of his building his buildings or placement of them. He wanted to have a road come through here to serve his apartments and this at that time, was supposed to be a one -way road into his complex. At that time I was not trying to stop his project but I was worrying about the safety factor of the people in his apartment complexes. So, I came up here, I remember he was planning on this road. He found out that it was too expen- sive really to put this in here. My main thought and feel for the City was to have, if this road did indeed go through, was to have it go through and follow out this way so there would be a flow for safety factor. So he evidently felt that this was probably too expensive, I can't perceive really what he had in his mind, but I think what he felt at the time was that I was stopping him personally, but I did not have this in mind. From that point on he found out that he could' do this and he decided to go and make this road down in here. I was still aghast at the City having this road down into here serving his apartments or complexes. She stated she was probably not drawing this right (referring to map she was drawing on blackboard). I guess the first ones were over in here somewhere and then he had some down in here somewhere, right down very close to this proposed road. This road goes down here to serve these. But anyway he got permission, of course it is his land, so after that he proposed to put a sewer in. He put a sewer in, I don't know, about in here on 144th. At the time he came to my house at one time and told me I would have to pay half of his sewerline. This was a new house, a new sewerage system, but if the City felt at that time that I should be connected fine. Another threat was "Mrs. Davis you are going to have a cow path in front of your house." Now at election time it was told to me by some employees that he was indeed going to make pressure on me on this so I said fine and I told you I went to the City and I will certainly comply. I would like to ask the City Council, he said there is a complaint to the City from a citizen, I would like you to investigate that complaint to see indeed if it was, and I wonder why he did not tell me before last night. It is a big question in my mind, and also if there is a need for soil tests or any other tests I would like the Council to have an outside agency make these soil tests or whatever needs to be. Councilman Sterling asked Mrs. Davis if there had been a slide down below, is that directly below your property? Mrs. Davis said it was probably in this area over here (indicating drawing on blackboard) at the corner of these buildings, I haven't walked it so I am not that sure, but it is in this area and city road might be involved in there. I have not had time to walk that. Councilman Sterling then stated it was not in front of her property then and Mrs. Davis answered no. Mayor Todd then asked Mrs. Davis if she was finished. She stated she would also like to say at this time TUKWILA CITY COUNCIL REGULAR MEETING December 20, 1974 Page 23 /00 Discussion: Joanne Davis just one more thing. There was a lot of tension and maybe and Frank Todd street misunderstanding and at that time someone called me on the and sewer problem Contd. phone and was quite upset and said did Mr. Todd threaten to run down your children? Well, I said no he certainly didn't, I am sure he didn't, but I was so aghast at how upset he was that it has remained in my mind, and from this point I would like to speak then from my Council chair. Mayor Todd stated he would like the opportunity to be excused from the Council and answer all of the insinuations Mrs. Davis had made against him, and I will answer them first as a citizen and then as they per- tain to me. Mayor Todd stated that some years ago the City passed an LID 7 which placed the LID boundary here. I did in fact put this line in and I did pay $2200 to the City for the privilege of hooking up to the line, which the City was not entitled to collect by the Ordinance. But I paid it anyway. The fact is, Mrs. Davis, that I personally put a "T" right up in front of your garage and driveway, do you agree to that? Mrs. Davis replied that it is the City's. Mayor Todd stated Mrs. Davis, I have known since I put that stub in that you were not connected, I have also been derelict in my duties of enforcing the very ordinance that you are in violation of. Secondly, Mrs. Davis, you made a statement to the press that I was a bad neighbor. If your statement had been true, during the campaign and before I would have asked you to be legal the way the rest of us expect to have to be. Do you agree? I have had several inquiries as to whether you were hooked up to the sewer. It is a matter of fact that you are not and the ordinance says that you must be. As far as the phone call that you alluded to, I have no idea of its source, I dearly love your children and you know it as well as I do. Mrs. Davis said she knew that. Mayor Todd continued, and Mrs. Davis you alluded to me wanting to develop this street this street? as a matter of fact I asked by petition to have this street vacated, didn't I? Do you remember that 59th Place South. Mrs. Davis replied this was afterwards. Secondly, why would I want to put in a street clear over to here, over this bank, as a matter of fact, when the Council gave me permission to put my street in here. The real point some of the objectors were making was don't let me use this Mr. Holly in fact was the man who objected but make me use this by your house and I didn't think that was being a good neighbor either. I put it through my property so I would suffer, I put up a board fence so Mr. Holly wouldn't at my expense. Now those are the facts. Alluding to the slide down below, some years ago I came to the City Hall after a certain party in town had been excavating for 17 days below my apartments and asked to see his excavating permit. He just didn't happen to have one. That is why the hill slid the hill was excavated without a permit and the records will show that. Councilman Sterling asked then there is no reference to her sewerage system causing the slide. Mayor Todd replied not one bit of reference to that. But it just so happens that certain people in this City in fact all of us in this City should have to abide and live with the same set of rules and that is my point. Councilwoman Davis asked for permission to speak again. Mayor Todd said he was finished with his remarks and that he was upset by Councilwoman Davis' insinuations. Councilwoman Davis stated that the time was a little bit different than he was saying. She stated she wanted to go through to the City, he did do this, and after he did this then he felt he needed more land and so he wanted this to be vacated so he could build more. The main purpose this evening is that I don't like threats, I was not allowed to vote on this, I believe it was LID #5, wasn't it? Anyway I was not allowed but actually at the time I wanted to be and I was excluded from voting. Then for his development then he put this in and later deeded it to the City. In compliance with the City requirement he had to put a stub there for later development. Mayor Todd stated Mrs. Davis, I do not wish to belabor the issue, but you just made a statement that is absolutely unequivocably wrong. I had this sewer line in before this line was up 59th Avenue South and the stub was in front of your garage door at the same time. Councilwoman Davis asked Mayor Todd to repeat the statement. Mayor Todd stated he had his line in before this TUKWILA CITY COUNCIL REGULAR MEETING December 20, 1974 Page 24 Discussion: Joanne Davis and Frank Todd street and sewer problem Contd. Attest: line was put in (referring to drawing on board), because let me tell you why. The City left this area out and I had this apartment building in at that time but let me show you something else. This building you are right about this road, that is the way it is now but the first building I built here was on a septic tank, back here, it run out here into this lot I bought from Mrs. Neal into a drain field. The road to this building was there. He stated when the LID was passed he voted for it, but it spearated these front lots, they were in the LID and these were out of the LID. They said, Hill and Ingman, incidentally, that this building could not be served by this sewer, and it is similar to the lift station that we had eliminated out of LID 20. They said that line could not be served without a lift station, but we proved them wrong. They had this line engineered close to the surface, as a matter of fact, at the brow of the hill down here and they lowered the line about two feet and it was then engineeringly feasible. For me, this sewer and this connection was made when that line went in, not later. As a matter of fact there is another point I should make to prove how ridiculous your statement is that I wanted this road in. As a matter of fact this corner of my property on that 40 foot right -of -way, 59th Place South, is right straight across the street and down over the bank but let's be neighbors. Mayor Todd asked if there was anything else to come before the Council. *CARRIED. Frank Todd, Mayor Doris Phelps, Deputy City Clelk