Loading...
HomeMy WebLinkAbout1974-08-05 Regular MinutesAugust 5, 1974 8:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL VOUCHER APPROVAL 785 Tukwila City Hall Council Chambers TUKWILA CITY COUNCIL REGULAR MEETING M I N U T E S Mayor Todd led the Pledge of Allegiance and called the Meeting of the Tukwila City Council to order. GARDNER, TRAYNOR, HARRIS, SAUL. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCIL MEMBERS STERLING, DAVIS AND JOHANSON BE EXCUSED. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MINUTES OF THE PUBLIC HEARING OF JULY 22, 1974, THE REGULAR MEET- ING OF JULY 22, 1974 AND THE MINUTES OF THE SPECIAL MEETING OF JULY 29, 1974 BE APPROVED AS PUBLISHED. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. FAILED FOR LACK OF MAJORITY VOTE WITH GARDNER AND HARRIS VOTING NO. City Clerk Shirlee Kinney com- mented that there were Vouchers covering Employment Security, the employees dental plan and several other bills for which the City is required to pay. She sug- gested those Vouchers in question be pulled out and discussed. Mayor Todd requested an explanation from Councilman Gardner. Councilman Gardner stated he ob- jected to payment to Dick Anderson Insurance. Council- man Traynor asked Councilman Gardner if all other bills are acceptable and could be approved. Councilwoman Harris stated she would withhold approval of the three Vouchers made out to Mr. Anderson. Steve Hall, Public Works Director, asked if this would mean drivers of City vehicles would be uninsured. Mayor Todd stated the Council has contracts to furnish the employees insurance and has authorized him to sign and order the insurance. He stated he does not know what the Council expects, but due to this gross irresponsibility, the City employees could very well be out on the street picketing tomorrow. If that is what the Council wants, they are certainly going in the right direction. Coun- cilman Traynor read the contents of the three Vouchers to Mr. Anderson; one covered the Volunteer Fire Acci- dent Policy, one covered two Police cars and a Public Works van and one for $1 million excess liability poli- cy. City Clerk Shirlee Kinney explained the latter policy covered every vehicle and every authorized driver under blanket liability coverage. Steve Hall stated in this case, the Park Department's van cannot be used by Richard Hunt. Councilwoman Harris stated the reason she has refused to sign Vouchers for payment to Mr. And- erson is due to events in 1972 with which she is not satisfied. In 1972, the City Attorney advised the Coun- cil that the City's insurance must go out to bid. Mr. Anderson came to City Hall, examined the previous in- surance coverage, obtained figures which displays ques- tionable ethics. Mayor Todd stated Councilwoman Harris' statement is absolutely wrong. Councilwoman Harris stated she could obtain three affidavits attest- ing to her statement. Mayor Todd stated Mr. Anderson did review the coverage of the City but never saw the insurance account or any cost figures on what Mr. Pol- lock was getting for the insurance without a bid. Coun- cilwoman Harris stated nowhere in the 1972 Minutes is more than one policy involved and that Mr. Anderson is the Mayor's personal insurance agent which he did not disclose in the official Minutes of the City. The pub- lic was not aware of this at that time and the Council may not have been aware of it. Since that time, the insurance has not been re -bid by the City. Furthermore, in reviewing Mayor Todd's public disclosure form regard- ing some apartments sold last year, there is no record of where insurance is pro -rated out. Until these things are adequately answered, she will not sign Vouchers for Mr. Anderson's insurance policies. Mayor Todd stated Mr. Anderson had the same privileges in bidding the TUKWILA CITY COUNCIL MEETING August 5, 1974 Page 2 VOUCHER APPROVAL Cont. ORDINANCES AND RESOLUTIONS Proposed ordinance, Amending TMC 18.34.210 re: parking requirements in CPR zone 7,5 insurance as had any other person in the insurance busi- ness. The record will show at that time that Mr. Pol- lock had some insurance on some City employees, the City Clerk and some Council Members regarding their private property. Mr. Pollock was able to bid, when he was forced to bid on a competitive bid basis, about $2,500 less for more insurance than he was being paid without competition. We have been all through this before. It is the Council's perogative to call for a bid for insur- ance. He stated his criticism of Councilwoman Harris is how she, as a responsible Council Member regardless of whether the insurance is legal or illegal, can fore- go the coverage and expose the City to liability on a personal whim that she has to insult him. It just does not make sense. Councilwoman Harris stated she is act- ing as a responsible Council Member by not signing as long as these questions remain in her mind. Further- more, she will not be pressured until the time she is satisfied. There have been several renewals go across the Council table which have not been specifically brought to the Council's attention. Mayor Todd stated it is customary for the Council to review the Vouchers at 7:00 P.M. and Councilwoman Harris did not arrive until 7:40 P.M. this evening. She did not to his know- ledge ask any questions of anyone regarding the Vouchers but came armed with all these reasons why she would vote against these three Vouchers. Tomorrow morning this City will be wide open to claims. City Clerk Shirlee Kinney asked for clarification on the vote. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilwoman Harris stated she would withhold her ap- proval on Vouchers #03355, #03356, #03354, #03388 and #03458. Councilman Gardner stated he would withhold approval on Vouchers #03355, #03458, #03354 and #03388. Voucher #03388 refers to payment to the City Attorney. *FAILED FOR LACK OF MAJORITY, WITH HARRIS AND GARDNER VOTING NO. Councilman Traynor and Councilman Saul stated they felt all Vouchers should be approved. Coun- cilman Gardner and Coucilwoman Harris stated all Vouch- ers were acceptable except those noted. Mayor Todd stated he would not break the tie vote because the res- ponsibility for this is with the Council. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT PROPOSED ORDI- NANCE BE READ. CARRIED. Attorney Parker read proposed ordinance amending Tukwila Municipal Code 18.34.210 to reduce parking space requirements from 6 to 5 spaces per 1000 square feet of rentable floor area. Gary Kucinski, Planning Director, related some of the events precipi- tating this proposed ordinance. Discussion of parking requirements followed. Three items to be considered are the Metro service proposals, a circulation plan and a compact car parking plan. Councilman Traynor asked to see the circulation plan. Mr. Norman Seethoff, South center Corporation, stated the plan is not completed. Mr. Vic Bishop, traffic engineer employed by us to assist in this, is here to answer questions. The month of August is an excellent month to examine the perfor- mance of the parking lot and we will need a month to adequately study the interior traffic problems. Mr. Vic Bishop, President, Traffic Planning and Engineering, stated at this point we are reviewing the situation to decide what kind of data we want to collect. We have learned that the State Highway Department is collecting data in the area now as well, so we will be coordinating some of our efforts. Councilwoman Harris asked about the agreement for temporary parking at Longacres. Mr. TUKWILA CITY COUNCIL MEETING August 5, 1974 Page 3 ORDINANCES AND RESOLUTIONS Cont. Proposed ordinance, Amending TMC 18.34.210 Cont. Ord. #875, Amending Firefighters Local #2088 Contract re: medical and dental care Ord. #876, Transferring funds in Fire Dept. to meet contract amend- ment (Ord. #875) Ord. #877, Creating position of Account Clerk and transferring funds for same Proposed ordinance Gambling RECESS 9:00 P.M. 9:11 P.M. 714 Seethoff stated that agreement has been struck. We have our peak parking demands during the month of December and we have a firm agreement for the month of December only for our employees. Councilwoman Harris asked what is the position of the employees on this arrangement. Mr. Seethoff stated management of the larger stores in Southcenter is in favor of the arrangement. We have no intention of operating this under any improper methods regarding safety, liability and supervision. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT PROPOSED ORDINANCE BE APPROVED AS READ. FAILED FOR LACK OF MAJORITY VOTE WITH GARDNER AND HARRIS VOTING NO. Councilman Saul felt the four points offered by the Planning Commission should be adhered to. Planning Director Gary Kucinski asked if this amounts to a denial. If this is to be considered again, I believe it will have to go through the process with the Planning Commission stated Mayor Todd. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT PROPOSED ORD- INANCE BE READ. CARRIED. Attorney Parker read proposed ordinance approving amendment of contract with Fire- fighters' Local No. 2088 to provide for a program of medical and dental care. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT ORD. #875 BE ADOPTED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDI- NANCE BE READ. CARRIED. Attorney Parker read proposed ordinance transferring funds from the Contingency Fund, Fire Department to pay added costs of employment con- tract with Firefighters' Local No. 2088 effective on September 1, 1974, and creating new Budget account with regard to added benefits and amending Budget Ordinance No. 830. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT ORD. #876 BE ADOPTED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT PROPOSED ORD- INANCE BE READ. CARRIED. Attorney Parker read proposed ordinance creating the position of Account Clerk, trans- ferring funds to provide salary and other costs, and amending Budget Ordinance #830. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ORD. #877 BE ADOPTED AS READ.* Councilman Traynor asked if funds are available for this. City Treasurer Mae Harris explained this money was transferred from Public Works after the employee was terminated from the W.I.N. Program. Now we are trans- ferring the money into the Treasurer's budget. Steve Hall explained the Utility Accountant is now doing the work this employee had been doing in Public Works. *CARRIED. Mayor Todd read Prosecuting Attorney Christopher Bayles letter dated July 23, 1974 regarding the State gambling law. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ.* Councilwoman Harris stated she did not receive a copy of the ordinance. City Clerk Shir- lee Kinney stated the copy was placed in the Council's mailboxes. Councilwoman Harris stated that to receive legislation two minutes before you are asked to pass on it is improper government. MOVED BY TRAYNOR, SECONDED BY HARRIS, TO RECESS. CARRIED Mayor Todd called the Meeting back to order with all Council Members present as previously listed. *CARRIED. Attorney Parker read proposed ordinance re- lating to gambling, prohibited certain forms of gambling authorizing bingo games, levying a tax, authorizing con- tracts with King County, providing penalties and repeal- ing any and all ordinances in conflict herewith. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE TUKWILA CITY COUNCIL MEETING August 5, 1974 Page 4 ORDINANCES AND RESOLUTIONS Cont. 7 S7 Proposed ordinance BE ADOPTED AS READ.* Councilman Saul stated the Bicen- Gambling Cont. tennial Committee would like to hold bingo games as a non profit organization and would like the master lic- ense to sponsor the games for other service clubs and organizations in the City. He stated he is in favor of the proposed ordinance. Councilwoman Harris stated other government entities had quite a bit of time to consider the gambling laws with advisors and the public. We should proceed in the same manner and try to be con- sistent with the surrounding areas. There has been no previous public notice on this item. Councilman Saul stated Renton is under the Optional Municipal Code and is wide open with the exception of punch boards and pull tabs. Mr. Fred Lopez, President of the Washington State Gaming Association, stated the City of Renton pass ed an ordinance which placed a 5% tax on pull tabs, a 10o tax on gross of bingo minus payoffs or net receipts, and passed an ordinance banning pull tabs. The reason given for banning pull tabs was because the operator was subject to rip off. The Mayor vetoed this ordinance and the City Council overrode the veto. In King County the taxation is identical except for the fact it does extend to punchboards. Renton is the first city in this State to tax cardrooms in the amount of $100 per table. He explained the regulations of cardrooms. Mayor Todd stated it is obvious Mr. Lopez is lobbying for gambling and he is lobbying against it in this case because we do not have the Police force necessary in this City to enforce all that this would produce. Mr. Lopez stated since the first licenses for punchboards and pull tabs were issued last December, the number of complaints in- vestigated by the Gambling Commission, other than the cursory looks, amounts to 10 investigations. In the same period, the number of investigations of non profit organizations amounted to an excess of 200. There have been temporary suspensions of 20 bingo operations in that same period of time. In response to Councilman Saul's remarks, Mr. Lopez stated each organization must acquire its own license and they cannot operate under the Bicentennial license. Councilman Saul stated ex- plained the Bicentennial would operate the games for each organization. Mayor Todd stated the City of Renton and the City of Tukwila are two different cities with different governments. Mr. Lopez stated any city or town by law after July 24 with a population over 1,500 has the option to have any or all of the gambling activ- ities and the only restrictions are in the area of tax- ation. The County adopted the maximum taxation, but a city could tax lower than the maximum. Councilman Gard- ner asked what is stopping anyone from getting a license now. Mr. Lopez stated nothing. He stated the City has two options: to tax and to ban. Your ordinance is a taxation ordinance for bingo and a ban ordinance for all other forms of gambling. Mr. Lopez referred to Section 4 on Page 2 of the proposed ordinance and stated the City does receive a copy from the State Gambling Commis- sion of every licensee within the City and that licensee has 10 days after receipt of that form to contact the local law enforcement agency. MOVED BY TRAYNOR, SECOND- ED BY SAUL, TO TABLE. CARRIED. Councilman Gardner stated the material in the ordinance should be separated to tax and to ban. Councilwoman Harris asked the Coun- cil to consider some Committee of the Whole or special meetings to hear from the community on this ordinance. Mayor Todd stated there are some applications from Tuk- wila in at the State Gambling Commission now. Chief Sheets, Police Department, stated there are two licenses already issued in the City of Tukwila and the City is not collecting taxes. We should have some control over this rather than allow it to continue. Mayor Todd stat- ed he is neither for or against gambling per se, but the TUKWILA CITY COUNCIL MEETING August 5, 1974 Page 5 ORDINANCES AND RESOLUTIONS Cont. Proposed Gambling Res. #445, Authorizing Mayor to enter into contracts with P.E.P. and W.I.N. for 1974 -75 CORRESPONDENCE AND Bid award LID Request from Wash- ington Jockey Club for directional sign on Strander Blvd. ordinance City will need more officers to enforce and regulate Cont. gambling if we are to have it. We can pass this ordi- nance now and at a later date amend it to allow more gambling when we can handle the problems. Mrs. Ella Woyvodich asked how many problems gambling has caused in this City and would not a tax on the gambling help pay for extra officers. Chief Sheets stated there have been no problems with the legal gambling in the Woyvodich establishment. If you are going to have gambling, then you have to accept the responsibility for it. If the people in Tukwila want gambling, that is fine, but they must realize there is a price to pay to enforce the gambling. Mr. Rudy Regel stated Tukwila is one of the richest cities in the State. We have gotten along with- out professional gambling up to now, why do we need it, do we need the taxes? Councilman Saul stated we need to have this item advertised to the public and get the citizens here next week to discuss it and get it over with. Mr. Lopez asked if all seven Members of the Coun- cil will be present next week. It would behoove the Council to find out how their citizens voted on SJR 5 before the next meeting. In all of King County, the citizens in favor of SJR 5 numbered 60 Councilman Saul stated that is not meaningful since SJR 5 did not specify individual types of gambling, but all gambling. Mr. Lopez stated it is an indication the people would like to return to the tolerance days with regulation. Councilman Traynor stated the City of Tukwila is sucked into a lot of things for the way King County votes, and he is not sure the voters of Tukwila approved SJR 5. Tennis court lighting MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESO- LUTION BE READ. CARRIED. Attorney Parker read proposed resolution authorizing the Mayor to enter into contracts with King County under the Public Employment Program and with the Employment Security Department under the Work Incentive Program to provide additional personnel for the City during the contract period from August 1, 1974 through June 30, 1975. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION #445 BE ADOPTED AS READ.* Coun- cilman Gardner asked how many people this involved. City Clerk Shirlee Kinney stated one Recreation Special- ist under each Program. *CARRIED. CURRENT BUSINESS #25 Steve Hall, Public Works Director, read his letter to the Council dated July 26, 1974 recommending that all bids be rejected and to pursue two alternatives. MOVED BY GARDNER, SECONDED BY SAUL, THAT ALL BIDS BE REJECTED. CARRIED. Steve Hall read his letter to the Council dated July 18, 1974 which reviewed information requested from Puget Power and Flood Lite Company. Steve Hall stated he dis- cussed this with Gene Isler, Field Superintendent, and Gene Elfstrom, Park Foreman, to come up with an alterna- tive of purchasing the materials and have the City crew install the lights. Steve Hall stated if the materials cost over $5,000, we will have to call for bids and if the cost of installation runs over $8,000, we would also have to call for bids on specifications. The money had been removed from the 1974 Budget for this item. MOVED BY TRAYNOR, SECONDED BY HARRIS, TO TAKE THIS ITEM UNDER ADVISEMENT. CARRIED. Council President Traynor read a letter addressed to Steve Hall from the Washington Jockey Club dated July 31 1974 requesting a directional sign on Strander Blvd. Steve Hall reviewed the information received prior to this letter. Councilman Traynor stated this is not al- lowed under the Tukwila Municipal Code unless they can TUKWILA CITY COUNCIL MEETING August 5, 1974 Page 6 Washington Jockey Club request Cont. Mayor's letter re: proposed Revenue Sharing funds CORRESPONDENCE AND CURRENT BUSINESS Cont. Senior Citizen Sign Up for Metro bus passes OLD BUSINESS Attorney Parker's letter re: contact lenses payment to Police Officer Mathews 217 obtain a variance from the Planning Commission. This is not a decision for the Council but a perogative of the staff. MOVED BY HARRIS THAT THE COUNCIL TAKE NO ACTION ON THIS MATTER FOR THE REASON IT IS AN ADMINISTRATIVE DECISION AND IF APPLICANT DIFFERS FROM THE DECISION, HE FOLLOW DUE PROCESS AS PROVIDED IN THE TUKWILA MUNICIPAL CODE. MOTION FAILED FOR LACK OF SECOND. Council President Traynor read the Mayor's letter dated August 1, 1974. Mayor Todd explained the need for ex- pediency in allocating these funds. Councilman Traynor stated there is a need for a mode of access on Green River in case of accidents, specifically a boat, motor and trailer. He stated he would also like to see our Policemen provided with lightweight bullet -proof vests. He stated compliance with the adoption of the Emergency Services Plan is most important at this time and should be taken care of. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT REVENUE SHARING FUNDS BE APPROPRIATED BY ORDINANCE OR RESOLUTION FOR THE EMERGENCY SERVICES PLAN IN THE AMOUNT OF $3,400.00.* Fire Chief Hubert Crawley explain ed the Emergency Services Plan, stating Tukwila is one of the last cities in the County to take action on this Plan. The cities are being asked to share the responsi- bility for their won emergency planning. We will set up the new Fire Station as an emergency headquarters to coordinate the City's efforts during any kind of emer- gency with the aid of cooperative radio and telephone communications with other areas in the County. Council- woman Harris asked if any Revenue Sharing funds have been received. City Clerk Shirlee Kinney stated the City has received one quarter's allotment. Mayor Todd stated the Council had allocated some of the Revenue Sharing this year for the Metro bus and then tonight denied payment for the bill which leaves him no choice but to call Metro and cancel the service. Councilwoman Harris suggested the Council put all Revenue Sharing monies above the Emergency Services Plan into the Feder- al Revenue Sharing Fund and transfer it out on an "as needed" basis since we do have two years to commit the funds after receipt. The staff can then further evalu- ate its needs, such as this request for lighting for the tennis courts. *CARRIED. Mayor Todd announced the Senior Citizen Sign -Up on August 29, 1974 at 9:30 A.M. to 2:00 P.M. in the Council Chambers at City Hall to receive Senior Citizen discount passes. Mayor Todd read the letter from Attorney Parker dated August 1, 1974. Attorney Parker recommended the ques- tion be submitted to the King County Disability Board. The matter was referred to the Board which stated only eye examinations are covered; no glasses or contact lenses are allowed for payment, but the City may pay foi these expenses if they so choose. Councilman Traynor stated he felt this is not an obligation of the City. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT WARRANT #03277 NOT BE PAID. MOTION FAILED FOR LACK OF MAJORITY VOTE, WITH HARRIS VOTING NO. Councilwoman Harris stated this is unfair to the Officer since eyeglasses have been paid for by the City in the past. Councilman Traynor stated he questioned payment for the eyeglasses before and was told it was an obligation of the City. If he had known then it was not, the payment would have been stopped sooner. City Clerk Shirlee Kinney asked if four affirm- ative votes are necessary in this case. Mayor Todd sug- gested the City Attorney answer the question. Attorney Parker stated he had just gone off the payroll. Mayor Todd stated by State law the City Attorney has earned TUKWILA CITY COUNCIL MEETING August 5, 1974 Page 7 OLD BUSINESS Cont. City Attorney fees discussion NEW BUSINESS Tow truck license application Bob's Highline Towing Letter from Frederick Nelson re: Police Dept. DISCUSSION Vouchers 790 $1,486.40 for which he is entitled to be paid. If he is not paid, he has every right to sue the people res- ponsible for not paying him. Do you think it is reason- able to deny this payment or the payment for the May bill for transit or insurance payments due on the City's policies? Councilman Traynor stated in the instance of this two to two vote on the Vouchers, the Mayor could break that tie vote. Mayor Todd stated he would not break the tie in this case. Mr. Anderson has carried the City's insurance and has been his personal insurance agent for many years which was stated tonight to be a conflict of interest. If he broke this tie vote to pay Mr. Anderson, what would be said of that? The burden of conducting the City's business is on the Council stated Mayor Todd. Now we cannot run the free bus, we cannot drive two new Police cars or the Public Works van and we cannot call the Volunteer Firemen in. Coun- cilwoman Harris explained she did not approve Attorney Parker's Voucher because he had been asked for a legal opinion regarding the Mayor breaking a tie vote on a resolution accepting the annexation petitions. In the instance of the Council voting on the resolution to set the date for recall election, the City Attorney stated it would take the vote of four Council Members. His legal advice has not been legal or proper. MOVED BY SAUL TO CONSIDER THE NEXT AGENDA ITEM. Councilman Saul asked if this business has been licensed in the past. Mayor Todd replied no. Steve Hall stated several complaints have been received from citizens re- garding the view of the yard through the chain link fence surrounding the impound lot. He then read a letter from Gary Crutchfield, Planning Technician, to the owner of the business dated July 18, 1974. Chief John Sheets explained there are two companies owned by the same person and using the same facility. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE TOW TRUCK LICENSE NOT BE ISSUED UNTIL STORAGE YARD COMPLIED WITH CITY ORDINANCES. CARRIED. Mayor Todd read a letter dated August 1, 1974 from Mr. Louis F. Moore, Manager of Special Services Dept., Fred- erick E Nelson, commending Police Chief John Sheets and Officer D. R. Desmul and Sgt. J. Keller for their recent assistance in the apprehension of two out -of -State pro- fessional shoplifters. Mayor Todd extended congratula- tions on behalf of the City. City Clerk Shirlee Kinney asked for a clarification of those Vouchers being rejected. Council Members Harris and Gardner replied. Attorney Parker asked to know why Councilwoman Harris and Councilman Gardner are rejecting the Voucher for payment to the City Attorney. Councilman Gardner stated he and the City Attorney are on opposite sides of the fence and he is not going to tell him a thing. The City Attorney does not represent the Council. If the Council sets the policy and makes its decisions, he should stand behind the Council in those decisions. Mayor Todd asked if the Council is legally wrong in its decision, then should the City Attorney still stand behind the Council? Councilman Gardner stated he will have to get his own attorney. Mayor Todd stated personal affairs are being confused with City affairs here. Steve Hall, Public Works Director, inquired about the insurance for the Park Department's new van. Mayor Todd stated the van would have to be parked until this is settled. TUKWILA CITY COUNCIL MEETING August 5, 1974 Page 8 DISCUSSION Cont. Vouchers Cont. AUDIENCE COMMENTS Anna Bernhard Letter from Lloyd Hartong re: damage by trucks to private property 7 q/ Fire Chief Crawley stated the Council cannot expect the Volunteers to protect the citizens in Tukwila with no insurance. Volunteers have been injured in the past. Is the Council going to assume the liability? If not, he could not call the Volunteers in. Mayor Todd stated he could not let the Fire Chief call in the Volunteers. Police Chief Sheets suggested the Council accept the Vouchers with the stipulation they will cancel the cov- erage next week. Mayor Todd stated the Council has had the opportunity to settle this. In the case of Metro transit, the pay- ment was rejected for the month of May which could con- stitute a breach of contract as well as putting the City in arrears. This appears to be the Council's ball game, we will just have to let them play it and see who gets skinned. Councilwoman Harris asked if the policies have no grace period. Mayor Todd replied only by the grace of Mr. Anderson being patient. Councilwoman Harris asked if the policies were due in April, why are they coming to the Council table in August? Mayor Todd stated there is neutral ground to argue the bus, why won't she ap- prove the bus payment? Councilwoman Harris stated she has never endorsed the bus in Tukwila. Mayor Todd with- drew his question. Mrs. Bernhard asked if the insurance bills have been presented to the Council before. City Clerk Shirlee Kinney replied no, the bills were just recently re- ceived from the agent and during those three months after April, the agent was trying to get lower rates for the City, which he did. Councilwoman Harris stated the figures for insurance are from one insurance broker. He may handle several lines of insurance that may cover the same type of activity, but it is still from one single insurance broker. Until July 24th of this year, we were operating under a State bid law which stated any goods or services outside of public contract work shall be put out to bid if the amount exceeds $2,000. This insurance package does exceed $2,000. Mayor Todd stated the Council would have a complete report from him at the next meeting regarding the saga of insurance for the City of Tukwila. Council President Traynor inquired about the trucking business referred to in Mr. Hartong's letter dated July 27, 1974. Chief Sheets stated he accompanied Mr. Hartong to the area of business and looked at the sit- uation which has developed over the last several years. We feel there are no legal sanctions against what is happening there, but there are a few things that are not morally right. The trucks use the vacant property as truck terminals without the owner's approval. The Puget Power right -of -way adjacent to the street is used as a parking lot, the area is not being maintained and has become a dust bowl. This is in the area of Maul Avenue. There is a trucking firm that uses this property as their field run to test new vehicles. On 142nd and 143rd, these trucks have broken sidewalks. Mr. Hartong has complained the trucks drive over his property be- cause they cannot distinguish between his property and Maul Avenue. Mr. Hartong has suggested the City contact the property owners and Puget Power to build a bulkhead, plant trees and grass to improve the area, and this may discourage the trucks. Councilman Traynor suggested posting a load limit. Mr. Hartong stated he was not complaining about the legal trucking business. He stat- ed the trucks hauled out about 400,000 tons of steel in TUKWILA CITY COUNCIL MEETING August 5, 1974 Page 9 AUDIENCE COMMENTS Cont. Lloyd Hartong's letter Cont. Special Meeting City Hall site and architect's presen- tation *Amended 8/30/7 RECESS 10:11 P.M. August 6, 1974 7:30 P.M. ROLL CALL OF COUNCIL MEMBERS RECESS 1:32 P.M. 7:38 P.M. 901 just one week. He stated the load limit would shut the businesses down and that is not what is is after. He stated he wanted a little more traffic control. There is a lack of signing on Interurban Avenue. He stated Oak Harbor Freight Lines may go down there too, and there is not enough room for it on Lots 7 through 12. They have been granted a variance from the Planning Commission, but if they cannot contain their business within their own property, then they are not entitled to that variance. Chief Sheets stated he felt the idea to lease the Puget Power right -of -way, curb it and im- prove Maul Avenue was a good solution. Mayor Todd stat- ed it woul- be a good idea, but it would have to be a back burner item from the standpoint of the City. Mr. Hartong stated LID #20 also appears to be a back burner item. Mayor Todd stated the City is waiting for E.P.A. approval on funding and we expect an answer in the next two weeks. Councilwoman Harris asked if there are any regulations in the zoning code that would restrict these problems with the trucks. Steve Hall stated it is a public right -of -way for the public use. Councilwoman Harris asked about the parking on 143rd by employees of Bert -Well Industries. Steve Hall stated the street has been signed "No Parking Councilwoman Harris asked how the company can be allowed to not provide parking for their employees as other businesses are required to do. Councilman Traynor suggested Councilwoman Harris check the zoning requirements for M -1 and M -2. Mayor Todd announced a special meeting to be held Wed- nesday, August 7 at 7:30 P.M. in the City Council Cham- bers to discuss the City Hall sites. Mr. Benjamin McAdoo will be presenting his plans. Mayor Todd announced the Chair would not adjourn the Council meeting, but it shall be recessed to 7:30 P.M. tomorrow night at which time the Council shall reconsi- der the Vouchers. He stated until the insurance agent is contacted, the two new Police cars, the new van, and Metro bus will be stopped and Attorney Parker will have to take care of himself. Councilwoman Harris stated it takes a Motion of the Council to recess the Council meeting. Mayor Todd stated he did not doubt that was right but this matter is so important that they must be considered again. Mayor Todd requested Council Pres- ident Traynor to make a Motion on his behalf. MOVED BY TRAYNOR, SECONDED BY SAUL, TO RECESS THE COUNCIL MEETING TO TUESDAY, AUGUST 6, 1974 AT 7:30 P.M. IN THE COUNCIL CHAMBERS FOR THE PURPOSE OF RECONSIDERING THE VOUCHERS. CARRIED WITH GARDNER VOTING NO. *Councilwoman Harris stated she had another appointment tomorrow night and would not be here.* The Council Meeting recessed. TUKWILA CITY COUNCIL Tukwila City Hall RECESSED REGULAR MEETING Council Chambers M I N U T E S STERLING, TRAYNOR, SAUL. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCIL MEMBERS DAVIS AND JOHANSON BE EXCUS- ED.* Mayor Todd stated there is no quorum of the Coun- cil, but ruled the Council present may vote on the Mo- tion to excuse two absent Council Members. *CARRIED. MOVED BY STERLING TO RECESS FOR FIVE MINUTES.* Mayor Todd stated all Council Members were notified of the meeting to take place tonight and to recess in order to give time to anyone who might still attend is futile. However, the Chair will accept a Motion to recess. *MOTION SECONDED BY SAUL. CARRIED. Mayor Todd called TUKWILA CITY COUNCIL MEETING August 6, 1974 Page 10 93 the meeting back to order with all Council Members pre- sent as previously listed. Mayor Todd stated there is still no legal quorum of the Council to approve the Vouchers. There is a question as to whether we can even legally convene or adjourn without a quorum. The record will show we had no for- mal opening or call to order. He referred the question to Attorney Parker. Attorney Parker stated the Council can adjourn the meeting without a quorum. RECESS MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MEETING 7:45 1 3 .M. RECESS TO WEDNESDAY, AUGUST 7 AT 7:00 P.M. IN THE COUN- CIL CHAMBERS FOR THE PURPOSE OF RECONSIDERING THE VOUCH- ERS.* Attorney Parker stated a written notice should be delivered in person to all absent Council Members. *CARRIED. August 7, 1974 7:00 P.M. ROLL CALL OF COUNCIL MEMBERS DISCUSSION Vouchers TUKWILA CITY COUNCIL Tukwila City Hall RECESSED REGULAR MEETING Council Chambers M I N U T E S GARDNER, STERLING, TRAYNOR, HARRIS, SAUL. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT COUNCILMAN JOHANSON BE EXCUSED.* Councilman Traynor stated he had not been contacted by Councilwoman Davis. Councilman Gardner stated Councilwoman Davis contacted him that she would not attend this meeting because she was not feeling well. *CARRIED. MOVED BY HARRIS, SECONDED BY STERLING THAT COUNCILWOMAN DAVIS BE EXCUSED FOR REASON OF ILLNESS CARRIED. Mayor Todd read a letter dated August 7, 1974 to Council woman Harris and the Council regarding the events con- cerning insurance since it first covered the City dur- ing Mayor Baker's term of office. He hoped this letter would clear up certain insinuations made during Monday night's meeting. The copy of this letter and all at- tached documents are on file in the City Clerk's office. Mayor Todd stated that all materials on file in the City Clerk's office or anywhere in City Hall are avail- able to the public to read and copy. Councilwoman Harris read from R.C.W. 35.23.352, Bid Laws which applied to the City prior to July 24, 1974. She then read from Attorney General's Opinion 1970 #3 writ- ten by Donald Foss, Assistant Attorney General, and ad- dressed to State Senator Perry B. Woodall. She referred to A.G.O. 6162 #103 and A.G.O. 5758 #116 regarding in- surance for school districts. Councilwoman Harris read from the March 6, 1972 Council Minutes at which time bids were called for on insurance. Subsequently, a legal notice was published. She then read from April 6, 1972 Council Minutes when the bid was awarded. Council- woman Harris read a letter dated March 24, 1972 signed by Mayor Todd and addressed to Mr. R. G. J. Anderson which informed Mr. Anderson of his low bid and accepting that bid; the City Council did later award the bid to Mr. Anderson, but there is no record in the Minutes that the bid had been awarded prior by the Mayor. The Coun- cil was not informed that Mr. Anderson was the personal insurance agent of Mr. Todd nor were they told there were several policies involved and that one policy cover ed a 3 -year period. She stated there was a balance due of $1,796.00 for coverage during 1971 -72 included in Mr. Poliock's bid and if this amount is deducted, Mr. Pollock would have been the low bidder. Councilwoman Harris read from the July 2, 1973 Council Minutes. Councilwoman Harris read a letter dated July 11, 1973 to TUKWILA CITY COUNCIL MEETING August 7, 1974 Page 11 DISCUSSION Cont. Vouchers Cont. the Council signed by Catherine Harris, Marie Gardner and Louise Strander which reviewed funds expended by the City for 1972 -73 insurance coverage and posed sev- eral questions. There has been no reply to the letter. Mayor Todd stated the record will show there was a res- ponse addressed to the Council President at that time. Councilwoman Harris presented the first three pages of Mayor Todd's public disclosure form where no amount of insurance owed to anyone for the year 1973. There is no listing of delinquent assessments owed on LID #12 for Lots 1, 2, 3 and the North 250 feet of Tract 2 of Interurban Avenue. Also, she reviewed a quit claim deed between Mr. and Mrs. Todd and Puget Power Light Company which included the LID payments owed and not included in the public disclosure form. Mayor Todd stated the LID was assumed by the new owner and paid for by the new owner. She stated she did not wish to be interrupted. Councilwoman Harris presented a copy of the check in the amount of $8,581.89 issued by Puget Sound Power Light in payment of delinquent LIDs for the property. Councilwoman Harris reviewed the break- down of the pro -rated sale of the Viewcrest Apts. Mayor Todd stated he could not see the point of review- ing all of this material. Councilwoman Harris stated the blank provided for fire insurance was left blank, and as was the same blank in the form for the Hillcrest Apts. Councilwoman Harris stated a workmen's compensa- tion and employer's liability policy from April 7, 1974 to April 7, 1975 issued by Gulf Insurance Co. with a premium of $5,158.00 was put through the Council on Voucher #2564 as a renewal; this payment also included payment for a premium of $1,938.00 for a law enforcement officers professional liability policy for the period February 15, 1974 to February 15, 1975. She presented a $52.00 premium statement dated December 27, 1973 for the new ladder truck for the Fire Department. The Vouchers we are considering at this time are #3355, #3356, and #3354 which were due in April. Why this holdover, why is the Council asked to approve payment on August 5? Councilwoman Harris stated every good, professional, capable and efficient business has a resume of insurance. The Tukwila City Council has never been presented with a resume of the City's insurance. The Council has been kept in the dark and we should not be so uninformed. Why has the City's insurance been renewed annually and not put out to bid? Mayor Todd referred the question to Council President Traynor re- garding off duty false arrest coverage and asked if the Council was made aware of this policy and did formally approve of it. Councilman Traynor stated to the best of his knowledge, the Council was and did. In reply to Councilwoman Harris' statement that the Mayor did not call for bids on annual policies, he stated it was his opinion that the policy- making body in this City is the City Council who authorizes all calls for bids. There has never been an unauthorized call for bids to any vendor. Mayor Todd stated after Mr. Pollock lost the City's business, he submitted a bill for the auditable insurance due on his account. Mayor Todd reviewed in part his letter regarding Mr. Pollock's premiums due and his bid dated March 24, 1972. Mayor Todd added he was in error in jumping the gun by advising Mr. Ander- son that he was the low bidder, but did so because Mr. Pollock's insurance coverage of the City expired on April 1. Mayor Todd read Mr. Pollock's bid request. He stated there is nothing in the material Councilwoman Harris presented tonight that he has any reason to be ashamed of. If there is anything that she feels is im- proper, she should contact the proper authorities and turn him in. As a further note, he stated in all the audits conducted in this City, there has never been men- tion that the City failed to go tc competitive bid for TUKWILA CITY COUNCIL MEETING August 7, 1974 Page 12 DISCUSSION Cont. Vouchers Cont. insurance coverage. Mayor Todd stated both he and Coun- cilwoman Harris know Mr. Foss in the Attorney General's Office, although she has been to the office more times than himself. He stated the State Attorney General's Office and the State Auditor's Office are in conflict and many surrounding cities do not comply with the call for bids requirements regarding insurance and are never written up for it in an audit. He stated when he did ask the Council to call for bids in 1972, many other cities were concerned that this action may upset an applecart. The same comments were raised when Tukwila'5 City Treasurer was criticized for taking gifts and re- leasing them to certain City Council Members. Council- woman Harris stated Mayor Todd made an error in stating she had been to see Mr. Foss many times when in fact she has been to his office only once. Mayor Todd state on the occasion she did visit Mr. Foss, she came back, told the Council a story and later admitted lying to the Council in my office two weeks later. Councilwoman Harris stated if Mayor Todd made that statement one more time, he would be sued. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE BILLS BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS.* Councilman Saul stated it is obvious this will have to go to bid. Mayor Todd stated it is up to the Council but it will cost more to cancel these poli- cies now. He stated he did not know how the Council car escape a previous commitment. Councilman Sterling stat- ed he felt the Council should go out to bid. He stated he did'not press the issue last time because of the money saved on the total coverage for the City. We should set our policy for how much coverage we want and then accept the lowest responsible bidder. Councilman Sterling stated he cannot see not voting on the bills already accrued we still owe the bills. He stated he could not understand the position of not paying for the bills already owed even if you fell we should go out for bid in the future. Mayor Todd stated Mr. And- erson paid these premiums out of his own pocket and now seeks reimbursement, so the City is covered with insur- ance. Councilman Traynor stated there is, besides the insurance payments due Mr. Anderson, a Metro bill for transit for May. Another Voucher is for services for the month of July for the City Attorney. Attorney Par- ker pointed out some of the expenses came out of his pocket in the amount of $115.00 for recording fees and copies of legal documents. Councilman Traynor stated these are obligations of the City and should be paid. If for example the Council does not see fit to finance the bus, then let's stop it in September. You cannot stop it in May when May has already gone by. Mrs. Phyllis Pesicka stated she is appalled, disgusted and embarrassed that our town does not want to pay the bills that are already accrued up to this point. If you don't like the insurance, put it up for bid. But for the services we have already used, let's pay for them. Mr. Bob Leahy stated he thought it had been put up for bid. Pollock has covered this town for a good many years, during the time the Fire Hall burned down and all the other things that went on. He never asked for any- thing. Sometimes it was six months before he got his due to him. Mayor Todd stated the insurance was bid, but some on the Council feel it should be bid again. Mr. Leahy stated he did too. Mayor Todd stated he felt it should not be, not for the dollars it will cost to cancel all the policies and start over. But this is a Council perogative, it is immaterial to me. TUKWILA CITY COUNCIL MEETING August 7, 1974 Page 13 DISCUSSION Cont. Vouchers Cont. 714 Councilman Gardner asked if by law the insurance should have been put out for bid. Mayor Todd stated that is part of the purpose of this entire discussion. Mr. Paul Haggard stated the biggest problem here could be resolved very easily and that is when the bids do go out for insurance, there not be any conflict of interest The fact that Mr. Anderson is the Mayor's agent makes it very embarrassing for him, it lends to suspicion which lends to rumor. Mayor Todd stated, in thinking this over, he had purchased a new pickup from Good Chevrolet which has bid and sold some equipment to the City in the past; now does this mean he can no longer go to Good Chevrolet to buy a pickup? Mr. Haggard stated this is comparing apples and oranges. Mr. Haggard stated it is a shame that this small City has to have conflicts over such minute things. Mayor Todd stated that perhaps the solution is for him to step down as Mayor and allow Mr. Anderson an opportunity to bid on the City's business. Mr. Haggard stated that is the Mayor's perogative, but there is an insurance agent who has had his business here in Tukwila for ten years, Don Jupiter, who has not had the opportunity to bid as far as he knew. Mayor Todd stated the specifications for the City were put together by three insurance experts and advertised. Any insurance agent had an opportunity to bid. Mr. Gordon Hall handled the entire procedure. Mr. Haggard stated he goes out for bid for his company's insurance and Mr. Jupiter has given excellent service. It would be of credit to the City for Mr. Jupiter to have the opportunity to bid on the next go around. Mayor Todd stated the last time insurance was bid, he personally contacted two insurance agents in Tukwila to go look at the specifications. Mr. Haggard stated the point is anyone doing business in the community is going to give better service as long as he is competitive. Mr. Hag- gard asked if the policy is up for renewal. Mayor Todd stated no, the anniversary date is April, 1975 on the 3 -year policy. There have been many additions to it since all equipment has been added as it has been pur- chased. Mr. Haggard stated this is good business and understandable, and to cancel out and go out for bid again will cost the City money. Why doesn't the Council set a call for bids when the policy comes up for renew- al? He suggested for the Mayor's own protection, Mr. Anderson be requested not to bid next time. Mayor Todd stated he would resign first. Mr. Jim Patton stated the U. S. is based on a system of free enterprise and the insurance agent, just because he knows Mr. Todd and carries his insurance, cannot be excluded from the City's insurance. If he is the low bidder, then that is what we want. He disagreed with all the discussion about getting a new policy. We have a policy. Do we need to get new policies every time we get a new truck? Councilman Sterling replied no, as the Mayor stated, it would be added to a master policy during the time you have the contract with an insurance agent. At the end of the three years, the coverage should not be automatically given to any company. It should be given to the lowest competitive bidder. The Council must make the policy for the administration so at the time of renewal, these things will be done. Mrs. Caryl McConkey stated if the City does not use Mr. Anderson, then she assumed that each Council Member's insurance agent would be excluded from bidding. Mayor Todd agreed, especially since the Council awards the bid. Mrs. Lutes stated, in regard to conflict of interest, that at the time Mr. Pollock was insurance agent for the TUKWILA CITY COUNCIL MEETING August 7, 1974 Page 14 DISCUSSION Cont. 797 Vouchers Cont. City, she knew of several Council Members who also had their insurance with him. Mrs. Pesicka stated she was under the impression that the major companies compile the bids and the agent just happens to be the representative of that company in the area. Mayor Todd stated in this case, the broker of record, Mr. Dick Anderson, solicited the bids from sev- eral insurance underwriters. Mr. Bob Leahy stated the question is with Mr. Anderson, not Pollock or Jupiter. He stated the Mayor is buddy buddy with Anderson and that is the thing we are ques- tioning. Mayor Todd called the remarks out of order. He stated these are insinuations and speculations. Mr. Leahy stated he was led to believe these insinuations. Mayor Todd explained the City Council awards the bid according to law which requires it be awarded to the lowest bidder. How would Mr. Anderson, by being buddy buddy with me, affect any action of the Council in awarding the bid? *ROLL CALL VOTE: 3 AYES STERLING, TRAYNOR, SAUL; 2 NOS GARDNER, HARRIS. MOTION FAILED FOR LACK OF MAJ- ORITY. MOVED BY HARRIS, SECONDED BY STERLING, TO SEP- ARATE THOSE NAMED VOUCHERS FROM THE BALANCE AND CONSID- ER THEM SEPARATELY OR INDIVIDUALLY AND THEN CONSIDER THE REMAINING VOUCHERS.* Councilman Traynor stated these things are services rendered, we have to have insurance and we cannot freeload off Mr. Anderson for this coverage. What will it prove to deny those Vou- chers? At some point we will have to live up to our obligations. What is the difference if we do it now or stall and let the court decide, then we will be paying attorney's fees to get us out of court. Councilwoman Harris stated she was trying to accomplish not tying up all the City's bills. We should not have a situation of all or nothing. Mayor Todd asked Councilwoman Harris if she is in favor of paying Mr. Anderson all the insur- ance premiums he has billed us for on policies the Council has formerly authorized. Councilwoman Harris stated she would answer with her vote later. Council- man Saul questioned Council Members Gardner and Harris if in fact the Council is responsible for payment of these bills. Evidently you think we are not responsi- ble ever to pay these bills. He stated he could not understand unless the bills are not payable by the City. Councilwoman Harris stated Mayor Todd had stated Mr. Anderson went ahead and paid the premiums for these policies out of his own pocket and now is submitting a bill. We cannot help that. The policies should have been placed before the Council for consideration in April. She stated as an example there was a workmen's compensation policy from April, 1973 to April, 1974 in the amount of $4,687.00. This year the Council author- ized by majority approval a renewal of the policy which was just a one year policy covering April, 1974 to April 1975 in the amount of $5,158.00. What I am saying is, if you all remember what we were doing in April we were a bit preoccupied with a lot of things. Council- man Saul asked if as a result of the bills being separ- ated, would the Council then make Mayor Todd responsible for the bills remaining to Mr. Anderson. Mayor Todd stated it would be difficult for the Council to make him responsible for their responsibilities. Councilman Saul stated he understood the Council is responsible to pay the bills. *ROLL CALL VOTE: 3 AYES GARDNER, STERLING, HARRIS; 2 NOS TRAYNOR, SAUL. CARRIED. MOVED BY HARRIS, SECONDED BY STERLING, THAT THE REMAIN- DER OF VOUCHERS (EXCLUDING THOSE IN QUESTION) BE AP- PROVED.* TUKWILA CITY COUNCIL MEETING August 7, 1974 Page 15 DISCUSSION Cont. Vouchers Cont. ltd Mrs. Pesicka asked how many votes of the Council are necessary to approve the Vouchers. Mayor Todd replied four votes are necessary. Jack Lewis, Accounting Offi- cer, stated he had received several calls on back pay- ments on accounts due and some have threatened law suits if they are not paid. Councilman Traynor stated in order to be a responsible Councilman, he would con- cede to the will of the other Council Members that these other bills will have to be paid, but he stated he really hesitated to:do it because he does feel all the bills are the responsibility of the Council to pay. *CARRIED. Councilwoman Harris stated at a recent meet- ing, the Council agreed at the suggestion of Councilman Traynor to separate two Vouchers for payment for eye wear for one of our Police officers. This seems to be a sensible way to handle this. This is a similar situ- ation and we did not demand an all or nothing position. Councilman Traynor stated there is no comparison here because these Vouchers are an obligation of the City where the payment for contact lenses was not, even ac- cording to the City Attorney. Mr. Paul Haggard stated he would like to know what is the intention for paying the other bills. MOVED BY STERLING, SECONDED BY TRAYNOR, THAT VOUCHER #3458 FOR METRO TRANSIT BE APPROVED. CARRIED, WITH HARRIS VOTING NO. MOVED BY STERLING, SECONDED BY SAUL, THAT VOUCHER #3388 FOR THE CITY ATTORNEY BE APPROVED.* Councilman Gardner stated he was in favor of paying all expenses above the retainer and in favor of paying half of the retainer fee of $1,100.00. Mayor Todd stated the bill means you pay all of it or none of it. He then asked Attorney Parker to review his activities for the month of July for legal services to the City. Attorney Parker reviewed his out -of- pocket expenses, court appearances and the $1,100.00 as approved in the Budget. Mayor Todd stated we have been all through this before at the re- quest of Councilwoman Davis when the Attorney's fees were questionned earlier this year. Mr. Ed Bauch stated the City Attorney has explained his extra expenses, now would he please explain his duties pertaining to the retainer. Attorney Parker stated his duties include attending the Council meetings and act- ing as prosecuting attorney for the Municipal Court where the business has increased tremendously. He stated his loss during the years 1972 -73 amounted to $20,000 because more time was spent for the City than for his private practice. He stated he can earn more in private practice, but he would not give up this posi- tion as City Attorney because he felt the good people of Tukwila need him here. Mayor Todd asked about the reve- nue received through the Tukwila Municipal Court. City Clerk Shirlee Kinney stated income to this point amounts to about $52,000 as compared to about $60,000 for the entire year of 1973. Mr. Bauch stated he appreciated the work the City Attorney does and is sure he earns every penny in court, however, what separates his re- tainer from the extra duties. Attorney Parker replied his duties under his retainer are set forth in the Tuk- wila Municipal Code. *ROLL CALL VOTE: 3 AYES STERL- ING, TRAYNOR, SAUL; 2 NOS GARDNER, HARRIS. MOTION FAILED FOR LACK OF MAJORITY. Attorney Parker stated he would wait until after September 17 to get paid. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT VOUCHER #3355 REGARDING VOLUNTEER FIRE ACCIDENT POLICY BE APPROVED.* Mayor Todd asked if the Council had previously authoriz- ed the commitment to a policy for payment. Councilman TUKWILA CITY COUNCIL MEETING August 7, 1974 Page 16 DISCUSSION Cont. Vouchers Cont. AUDIENCE COMMENTS Anna Bernhard Tukwila Days 799 Saul replied yes. *ROLL CALL VOTE: 3 AYES STERLING, TRAYNOR, SAUL; 2 NOS GARDNER, HARRIS. MOTION FAILED FOR LACK OF A MAJORITY. Councilwoman Harris stated she had been advised by private counsel that it is her right to be completely satisfied with all Vouchers that are paid by the City. She stated she is not satisfied that this Voucher is an obligation of the City inasmuch as it is part of a total insurance program which paying foi in increments circumvents the intent of the law. Mayor Todd stated it would be unethical for him to allow Mr. Anderson to continue to hang out for the payment of this insurance policy. It is required of him to notify Mr. Anderson that the Council has agreed not to pay for this premium even though they previously authorized the coverage to be ordered. He stated this protection is for the Volunteer Fire Department, and as far as he is concerned, the Volunteer Fire Department cannot respond to calls. The Council has forced this decision upon me. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT VOUCHER #3354 ADDING INSURANCE COVERAGE TO TWO NEW POLICE CARS AND ONE NEW PUBLIC WORKS VAN.* Councilman Sterling stated he agreed with other Council Members that this should be put out for bid, but even though he feels that way, he also feels we are indebted to pay bills already ac- crued. The Council should make a statement of policy of coverage and go to bid and accept the low bidder. But we cannot refuse to pay for the services we have al- ready accrued up to this time. Mayor Todd stated then is it the opinion of the Council that for each piece of equipment purchased, the insurance go out for bid. He stated he has gone under the assumption that this insur- ance coverage, after being called out for bid and award- ed by the Council, is then an administrative function tc add on to the existing master policy for these addition al purchases of equipment or whatever. It is the Coun- cil's perogative to call for the bids and he stated he does not presume that authority. Mayor Todd asked the Council who if any of them thought of insurance when the City Shops or Fire Station were contemplated. He stated none contacted him at that time. *ROLL CALL VOTE: 3 AYES STERLING, TRAYNOR, SAUL; 2 NOS GARD- NER, HARRIS. MOTION FAILED FOR LACK OF MAJORITY. Coun- cilwoman Harris objected that the Council was not in- formed in 1972 that this policy was for the period of three years and the other bidder bid on the material for a period of one year which constitutes an unfair bid. Mayor Todd asked Councilwoman Harris if she was a Member of the Council in 1972 and able to say what was or was not told to the Council at that time. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT VOUCHER #3356 FOR EXCESS LIABILITY POLICY WITH LIMITS UP TO $1,000,000 BE APPROVED. ROLL CALL VOTE: 3 AYES STERLING, TRAYNOR, SAUL; 2 NOS GARDNER, HARRIS. MOTION FAILED FOR LACK OF MAJORITY. Mrs. Bernhard asked if there is any document signed that this insurance is for a 3 -year period. Mayor Todd stat- ed the City's insurance files are very complete. There has never been a secret in this City Hall during his administration. He stated Mrs. Harris made the state- ment that the insurance coverage information was not available to her which is strictly a crock of bull be- cause the information is a matter of public record and is available to every citizen and all Council Members. Councilman Saul announced events to be included in the Tukwila Days celebration on Saturday, August 10, at the Tukwila Elementary School. TUKWILA CITY COUNCIL MEETING August 7, 1974 Page 17 AUDIENCE COMMENTS Cont. Phyllis Pesicka Jim Patton Mr. Ives goo Mrs. Pesicka stated she has been a citizen of Tukwila for 13 years and if because of a lack of insurance the Police vehicles, the Fire vehicles or the aid car can- not come to my house if something happens, she would hold Catherine Harris and Dwight Gardner personally responsible. Are City employees covered in City build- ings in case of fire or some other happening? Mayor Todd stated in his opinion because the City Council has officially declined to honor the bilis to the insur- ance agent, that the agent has every reason to cancel the policies. Mrs. Pesicka asked why then should City employees come to work? Mr. Patton stated he believed the City Council's actions to be detrimental to the City of Tukwila. He stated he could not see how any service outside of the City would want to provide service if we do not pay our bills. He stated he would not feel responsible to work for a Coun- cil which would not pay him. Mr. Patton stated he would like to see how long Mr. Gardner would work if his company paid him only half his salary. Councilman Gard- ner stated if by law we are required to bid, he could then be liable for passing these bills. Mayor Todd stated that Councilman Gardner has done everything by the book so far in bidding insurance and accepting the bid. Mr. Ives stated he has served on the Council under three Mayors and those Mayors had done nothing without the Council knowing what was going on. He stated he admires what Mayor Todd had done on his own. Mayor Todd stated he had done nothing on his own, that there is a common assumption in the Mayor's office that it is an obliga- tion of this administration to assume, since the Council has not considered insurance coverage for these items purchased, that they expect him to do this. He stated he is not avoiding the bid law, but adding a piece of equipment to an already approved by the Council master policy. Mr. Ives stated from the surface it appears you people have not been meeting together in your com- mittees on these matters. These bills have been four months due. Mayor Todd stated it is physically imposs- ible to hand feed information to each and every Council Member regarding every little thing going on. There have been no big issues going on in this City that the Council has not been made aware of. Mr. Ives stated he felt there was something wrong when these bills have gone for four months without any action. Mayor Todd explained the procedure with auditable insurance poli- cies based on the losses of the insured and that prem- iums are adjusted and billed accordingly at a later date. This is the reason some of the premiums are late because the discount rate had not yet been reported by the underwriter. Councilman Sterling stated it is the job of the Council to accept the low bidder for the policy which provides all of these separate types of coverage. He stated Mr. Anderson got the low bid and was given our insurance business ahead of the Council awarding it and being aware of it at one time. Mayor Todd agreed this was true and stated he may have assumed more authority than he had by binding the policy, but did so because there was only one week left of unexpired insurance cov- erage under Mr. Pollock's policy. Actually the letter sent by me binding the coverage was not any more bind- ing than the paper was worth. The Council has the final authority to approve a bid. He stated rather than ex- tend Mr. Pollock's policy at greater expense, he had taken the perogative of informing Mr. Anderson. Right or wrong, it was done and it saved some money for the City. TUKWILA CITY COUNCIL MEETING August 7, 1974 Page 18 AUDIENCE COMMENTS Cont. Bob Charlton Phil Cheney Phyllis Pesicka Burton Lutes Donna Charlton Bo1 Mr. Charlton, Volunteer Fireman for the City of Tukwila, stated he thought the City of Wenatchee was probably very happy to have their Volunteer Fire Department this week. If you don't pay the bills, the City of Tukwila will not have one here. As things stand now, we cannot roll. Mr. Cheney, Tukwila Volunteer Fireman, stated it is his understanding that on this insurance the Council has re- fused to pay covering the Fire and Police vehicles and aid car, it is illegal for them to answer calls because there is no liability insurance coverage. Mayor Todd stated it is not illegal, that Mr. Anderson has paid at least a portion of these premiums and if the underwrite] had not been paid in that way, we certainly would have no insurance at all now. It takes some time to cancel a policy, but in the case of refusing to pay for it, there may be no grace period at all. It is up to Mr. Anderson to make the next move after he is informed the Council has refused to pay the bills. He is a very nice gentleman and probably will take the lumps and wait for a decision. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE VOUCH- ERS NOT PAID BE REVIEWED AT AUGUST 12 REGULAR MEETING.* Councilman Saul stated he called Mr. Anderson and was told it will take 2 to 3 weeks to cancel a policy. *ROLL CALL VOTE: 4 AYES GARDNER, STERLING, TRAYNOR, SAUL; 1 NO HARRIS. CARRIED. Mrs. Pesicka stated she feels Councilwoman Harris is trying to throw a monkey wrench into the City's business If she is not, I challenge her to come to the meeting next Monday night with a proposal to pay up insurance debts and call for new bids. Would Councilwoman Harris do that? Councilwoman Harris replied no. Mr. Lutes offered a suggestion that since these are City obligations and since our Council Members feel they do not have to take care of them, can we go to the Attorney General's Office for recourse on getting the bills paid. Mrs. Charlton stated since Mr. Anderson could cancel the insurance at any time, we should in the two or three weeks it takes to cancel, pay him for what prem- iums are owed by the City so far and call for new bids. Mayor Todd stated it is not possible to pay a pro -rated premium unless it is contemplated to cancel the policy and pay the penalty fee for cancellation. If the Coun- cil wishes to cancel these policies, that is their perogative. We can cancel and pay Mr. Anderson for what we owe, but we cannot prevent him from bidding again. Then we will have accomplished nothing except paying a cancellation fee if he is low bidder. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MEETING ADJOURN.* Chief Crawley stated he would like the Council to state they will assume all the liability for all employees in the City. We have a lot of worried employees because they do not know where they stand. If you will just make this statement to cover them regardless of what happens equal to the coverage in effect at this time, you will have a more harmonious group operating this City. Councilwoman Harris stated she could understand this and could sympathize with the people who work for us in the City very deeply and very sincerely. This is an agonizing thing for the Council to do. However, how many of the citizens in Tukwila knew that the City was without false arrest insurance for a period of one TUKWILA CITY COUNCIL MEETING August 7, 1974 Page 19 AUDIENCE COMMENTS Cont. Phyllis Pesicka Donna Charlton Mr. Ives BOA month in 1972. She stated she has not yet received an adequate answer as to why when these policies are due in April, it takes until August to present them to the Council and back us into a corner and threaten and in- timidate and blackmail us into paying something that we know is not proper. If someone can answer why this four month spread of time exists, then she might think differently. Mayor Todd stated he has explained the answer as well as he could regarding these auditable policies. He suggested if Councilwoman Harris has further questions, she should address them to someone in the insurance business. Jack Lewis stated the only alternative the City employ- ees have if our insurance is cancelled is to not enter any buildings or vehicles that are not insured. He stated he could not afford to sue the City if he were hurt on the job without insurance. Councilman Gardner stated he hoped no one would have to come to work without insurance. He stated he is sure Councilman Saul is correct that it does take some time to cancel the policies. He stated he is trying to do what is best for the City. Caryl McConkey Mrs. McConkey stated Mr. Anderson is not insuring the City, but that the company he represents is insuring the City. If you have a large loss here and you have publicly stated you will not pay the agent, that com- pany is free to do anything unless you have something down in writing. Fire Chief Crawley stated again that he urged the Coun- cil take his suggestion. Councilman Traynor asked At- torney Parker if the Council could legally assume the responsibility of the liability equal to what the in- surance provides. Attorney Parker stated no, the City would be responsible for and would pay for any losses regardless of any action the Council takes. Gene Elfstrom Mr. Elfstrom stated even if the City will pay in the case of cancelled insurance, how many of the employees can afford an attorney to sue the City to get payment. Phyllis Pesicka Mrs. Pesicka stated she does not know what the Council can do in two or three weeks it cannot do now. Councilwoman Harris reviewed the dates on the policies under discussion. She stated Mr. Anderson has already paid the premiums on them to his companies. She stated she assumed that then the coverage is good until April, 1975. Mayor Todd stated it is true that Mr. Anderson used his own money to bind these contracts. He did this in good faith that the City in ordering this insurance would honor its obligations and reimburse him. Mrs. Pesicka asked if the point here is to gyp Mr. Anderson. Councilwoman Harris stated Mr. Anderson paid for this out of his own pocket, he took that risk and it is not the Council's liability because this did not go to bid which the law required. Mrs. Charlton stated it is the Council's liability once they have accepted Mr. Anderson as the City's insurance agent. Mr. Ives stated it appears Mr. Anderson did not contact the City prior to making his commitment of paying the premiums to cover the City. Mayor Todd stated Mr. TUKWILA CITY COUNCIL MEETING August 7, 1974 Page 20 AUDIENCE COMMENTS Cont. Mr. Ives ADJOURNMENT *CARRIED. 9:28 P.M. ATTEST: Anderson, as any other agent, solicits bids from those companies he represents. When the City committed itseli to Mr. Anderson in accepting that bid, we are then bound morally and legally to pay him the premium. Bid quotes on insurance fluctuate and in order to bind the coverage at the best price, the agent binds it with his company at the price accepted by the Council. The Coun- cil has already committed itself to the coverage being discussed here tonight and is now failing to fulfill its commitment in paying the agent. City Clerk Shirlee Kinney excused herself from the meet- ing at 9:00 P.M. and deputized Doris Phelps for the re- mainder of the meeting. Mr. Ives stated for example, if he were to make a com- mitment to his own agent for some amount of insurance, that agent would contact him prior to any premium due in the case of any controversy. Mayor Todd explained these policies are different in that they are auditable policies. Mr. Anderson negotiated with his underwriters in 1972 for a 10a discount for the City's insurance and we were not aware of it until midsummer of that year. Last year we received a discount of 25% which was cred- ited some months later on the insurance bills. Mayor Todd announced a special meeting had been called for this evening at 7:30 P.M. for the purpose of dis- cussing the City Hall sites with Mr. McAdoo. Mr. McAdoo arrived for the meeting and has since left. We will schedule a new date for this meeting. gre_a4 Frank Todd, Mayor y7/y7, 9 �2%Y,?�� Shirl"ee A. Kinney, City Clerk 86?