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HomeMy WebLinkAbout1974-09-03 Regular MinutesSeptember 3, 1974 TUKWILA CITY COUNCIL 8:00 P.M. REGULAR MEETING FLAG SALUTE AND ROLL CALL OF COUNCIL MEMBERS MINUTE APPROVAL RECESS 8:03 P.M. 8:05 P.M. RECESS 8:07 P.M. 8:08 P.M. ORDINANCES AND RESOLUTIONS Res. #448, Permitting Fire Dept. to form Marine Safety Division Res. #449, Permitting Fire Chief as head of Marine Safety Division to purchase equipment for same Ord. #882, Transferring funds to establish a Marine Safety Division M I N U T E S 84 Tukwila City Hall Council Chambers Mayor Todd led the Pledge of Allegiance and called the meeting of the Tukwila City Council to order. GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, SAUL, JOHANSON. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 12, 1974 BE APPROVED AS PUBLISHED AND AMENDED.* Councilwoman Davis stated she had not received a copy of this amendment. MOVED BY TRAYNOR, SECONDED BY SAUL, TO EXCUSE COUNCILWOMAN DAVIS FROM VOTING. CARRIED. *CARRIED. MOVED BY STERLING, SECONDED BY JOHANSON, THAT COUNCIL- MAN TRAYNOR BE EXCUSED FROM VOTING. CARRIED. MOVED BY STERLING, SECONDED BY SAUL, THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 19, 1974 BE APPROVED AS PUB- LISHED.* Councilwoman Davis stated she had requested an amendment to these Minutes. MOVED BY DAVIS, SECONDED BY HARRIS, TO RECESS TO REVIEW THE TAPE. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. The tape of the August 19, 1974 meeting was reviewed. Deputy City Clerk Doris Phelps read the amendment to the August 19 Minutes. MOVED BY DAVIS, SECONDED BY HARRIS, THAT THE MINUTES BE AMENDED TO INCLUDE ON PAGE 816 UNDER VOUCHER APPROVAL IN THE 26th LINE AND INSERT "CITY CLERK'S" FOLLOWING THE WORD "THE" AND IN THE NEXT LINE FOLLOWING THE WORD "HAD" STRIKE "INFORMED" AND INSERT "NOT BILLED IN THE 29th LINE FOLLOWING "ANDERSON" INSERT THE FOLLOWING SENTENCE "I TALKED TO MR. ANDERSON AND HE STATED HE DID SEND SOMETHING IN APRIL FOR OUR CONSIDERATION. Councilwoman Davis questionned part of the amendment. MOVED BY TRAYNOR, SECONDED BY STERLING, TO RECESS TO REVIEW TAPE. CARRIED. *CARRIED, AS AMENDED. MOVED BY HARRIS, SECONDED BY STERLING, THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST 5, 1974 BE AMENDED TO INCLUDE ON PAGE 792 FOLLOWING THE VOTE IN THE THIRD PARAGRAPH THE FOLLOWING SENTENCE "COUNCILWOMAN HARRIS STATED SHE HAD ANOTHER APPOINTMENT TOMORROW NIGHT AND WOULD NOT BE HERE." CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution permitting the Fire Department to form a Marine Safety Division. MOVED BY STERLING, SECONDED BY DAVIS, THAT RESOLUTION #448 BE ADOPTED AS READ.* Councilman Sterling asked if this is a joint effort of the Fire and Police Departments. Fire Chief Hubert Crawley replied yes. *CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution permitting Fire Chief of the City of Tukwila, as head of the Marine Safety Division to secure equipment necessary for the operation of the Marine Division. MOVED BY HARRIS, SECONDED BY STERLING THAT "RELATION" BE CHANGED TO "RELATING" CARRIED. MOVED BY STERLING, SECONDED BY JOHANSON, THAT RESOLU- TION #449 BE ADOPTED AS AMENDED. CARRIED. MOVED BY TRAYNOR, SECONDED BY HARRIS, THAT PROPOSED ORDINANCE BE READ.* Chief Crawley explained the Marine Safety Division and stated there have been many times the City has been in need of a water recovery unit in the last five years. We have always had to call for outside help. The demand for this will increase too TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 2 ORDINANCES AND RESOLUTIONS Cont. Ord. #882 Cont. Proposed ordinance, Council procedures and City Attorney's approval 4/ with the completion of the new King County Park along the Green River. Councilman Sterling asked about the list of equipment which the Chief had provided for the Council at the Public Safety Committee meeting. Chief Crawley stated he could provide one for the Council. Councilman Traynor asked what the $20,000 would buy. Chief Crawley stated a boat, motor and trailer, six diving outfits, lines, dragging equipment, buoys, life lines, radio equipment, etc. Councilman Traynor stated he would like to see it written down and perhaps attach ed to the ordinance before voting on it. Mayor Todd asked where the equipment would be. Chief Crawley stated it would belong to the office of emergency ser- vices in the Andover Park Fire Station. Mayor Todd asked how many calls for water related incidences are received in comparison to all other aid calls. Chief Crawley stated about 1% or 2%. Mayor Todd asked how many of these calls have been reported so far this year Chief Crawley replied approximately three. Councilman Gardner stated we also need a second aid car and asked if these functions could be combined in one vehicle. Chief Crawley stated no, there is a space problem with the aid car equipment and this other equipment too. MOVED BY STERLING, SECONDED BY HARRIS, TO TABLE TO END OF AGENDA. CARRIED. Councilwoman Harris stated this proposed ordinance was introduced last week and referred to the City Attorney and she would like to hear from him now. Attorney Parker stated a lot of time and effort has gone into the preparation of this proposed ordinance, but that he has come up with enough reasons which he feels are significant for recommending that it not be passed at this time. Attorney Parker then reviewed the Sections of the proposed ordinance. He stated the title and content are in violation of R.C.W. 35.24.210 in that there is more than one subject matter covered. Section I. G. is in conflict with Paragraph A. This could be detrimental to the City under certain circumstances. The purpose of Section I. B. could be accomplished easily by amending the present ordinance to hold regu- lar meetings on the first and third meeting and change the time of the meeting. Section I C. provides for Committee of the Whole meetings. This provision for meetings on the second and fourth Mondays by the Counci: sitting as a committee is proper. It is nevertheless a Council meeting even if it is called a committee meeting. The provision for a meeting on the second and fourth Thursday calls for meetings which are also Coun- cil meetings since the time and place is fixed by this proposed ordinance. They are regular meetings. That is the definition of a regular meeting a meeting which is fixed by ordinance and as such, the Thursday meetings are in violation of R.C.W. 35.24.180 and this was the same objection to the ordinance passed some time in the past. He stated he very pointedly disa- greed with the interpretation of Mr. Ronald C. Kinsey in his letter to Mrs. Harris dated June 6, 1974. He took the position that a regular Council meeting is normally presided over by the Mayor and that since these other Committee of the Whole meetings or Thursday meetings would not be presided over by Mayor, that they are not regular meetings. That is not the case. The true test of a meeting is a regular meeting or not is not determined by who presides over it but when the time and place are set by ordinance, it is a regular meeting. R.C.W. 42.30.020 defines governing body as the multi- member Council of a public agency. Meeting means the meeting in which action is taken. Action is defined by the Statute in terms that are so broad that TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 3 ORDINANCES AND RESOLUTIONS Cont. Proposed ordinance Council procedures Cont. any gathering constitutes a meeting. Any gathering at which four Council Members are present constitutes a meeting. This definition in part reads as follows: including, but not limited to, a collective decision, commitment or promise, to make a positive or negative decision and so forth. We had an occasion to refer to a California case here a couple of months back in connection with the Open Meeting Law. The judge in that case held that an Elks' Club meeting attended by the County Commissioners, a major- ity of the Commissioners, at which public business was discussed constituted a meeting because the subjective mental processes of the Commissioners in attendance constituted action and the meeting was in violation of the Open Meeting Act, from which the Washington law is patterned. He stated his objections can be overcome, and that by meeting on the second and fourth Thursdays not as an entire body or Council but as a three member committee and that is not considered a meeting of the governing body. If it is desired on these Thursday meetings that the entire Council or a majority of the Council should meet, then a notice of a special meet- ing can be given and the entire Council can meet under the rules given for the holding of special meetings. Section I. D. provides for special meetings and this is not necessary because it is already covered by R.C.W. 42.30.080. Sections E. and F. are also not necessary because they are covered by the Statute as is Section G. and there appears to be some conflict in that all meetings are declared to be open and public meetings. He stated he felt it is improper to simply recite the State Statutes in a City ordinance because the State Statute is subject to amendment by the Legis- lature, we are governed by it anyway. If we include it in here, it costs money to print these ordinances up. It is handy to have in one document a comprehen- sive collection of all ordinances and laws that govern the City, but this can be accomplished not by passing an ordinance which is too involved to even qualify under the Statute prescribing the form for an ordi- nance but by preparing a handbook of some sort. It is not necessary to make the Statutes a part of the written law of the City. Every time the Legislature changes one of these Statutes, then we are going to find the City's ordinances in conflict with the State law. Section III is much the same as the Statute with one exception. R.C.W. 35.24.190 provides that the Mayor Pro -Tem shall be elected at the first regular meeting after each general municipal election. We have a conflict in the State law, R.C.W. 29.13.050 provides for the assumption of office on the second Monday in January after the municipal general election. This creates a rather cumbersome situation, but is not in conflict with R.C.W. 35.24.190. This discrepancy was brought out in Mr. Kinsey's letter and he suggested that the wording be changed to provide for the Mayor Pro -Tem being elected after January 1st. Nevertheless, this is in conflict with the existing State law. It would be far better to omit any change in this and simply be governed by the State law, and hope that the Legislature will make any necessary corrections at its next session. There are always grounds for legal action when you attempt to get around or operate in variance with the State laws. Section III. B. is a proper addition to the ordinance and should be enacted but not in this all inclusive ordinance. A special ordinance could make provision for this. Section IV. is the same as the State law with the exception of pro- viding for selecting a presiding officer and this is beneficial in the absence of the Mayor or Mayor Pro -Tem TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 4 ORDINANCES AND RESOLUTIONS Cont. 4 Proposed ordinance Attorney Parker stated Section V is a good provision Council procedures and will eliminate any ambiguity that could result in Cont. the event of the resignation or death of a Council Mem- ber. Section VI,establishment of standing committees, will in effect actually duplicate the work of the de- partment heads. This could result in a conflict or difference in opinions. The City Council Members are part time and earning their livelihood outside the City government and cannot take the time to be as in- formed as the department heads who are working full time at the job. He recommended this Section be omitted. Section VI. E. was recited by Attorney Parker He stated this is clearly a violation of the Open Meet- ing Law. If you have three members of a standing com- mittee meeting and a fourth member who is not a member of that standing committee is present at this meeting, you have a meeting of the majority of the Council. This then is a Council meeting for all practical pur- poses and to permit such a meeting without notice or keeping regular Minutes would be in violation of the Open Meeting Act. If such a meeting was to be held, it could be held after public notice and would be a special meeting to consider only one subject matter. Section VII, appointments, is also covered by State Statute but this has varied from the Statute. This provision eliminates the power of the City by ordinance to authorize the appointments of appointive officers. For example this could, if passed, disable the City by making it impossible to appoint a public works director which is provided by ordinance and not by State law or to appoint for the Municipal Court a judge pro -tem. This ordinance would not allow the judge to appoint a court commissioner or a public defender. He stated this provision should be eliminated. Section VIII deals with bids and we have discussed this before. This is simply an administerial act to receive the bids, read them, consolidate them and present them to the Council for action. It is very cumbersome and time consuming to have the Council Members assume the phys- ical act of opening the bids. This authority should be delegated to the public works director and members of the full time City staff. If the Council chooses to meet regularly twice a month, it could delay accept- ing these bids by two to four weeks even if they are allowed to receive them on alternate Mondays when the Council meets as a Committee of the Whole. There is no need to delay over something of this sort. Section IX deals with the order of business and calls for the reading of an ordinances two times and does not see the purpose in this. It seems more of a ritual than any- thing else and has no meaningful purpose whatsoever. The intent he felt in this case is to allow a little more time to consider some of these things and that is proper, but in cases where more time is required all that is necessary is a Motion to Table the legislation to a later meeting. It is far better to operate under this procedure than to require these readings on two separate occasions which would be the first and third meetings of the month if this ordinance is passed. Many times we have simple ordinances which transfer funds from one account to another and it is possible to include in the ordinance an emergency provision but these are really not emergencies. There is no reason why they cannot wait two to three weeks but there is no reason why they should. A Motion to Table is far better and would not be called upon in many cases. Section XIII provides for an ordinance to be published and in addition to be posted in three different places (City Hall, City Hall Annex and the City Park). This is not required by State law which requires either pub- lishing or posting. This is an added burden on the TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 5 ORDINANCES AND RESOLUTIONS Cont. Proposed ordinance City and is beyond the requirements of State law. This Council procedures could result in a challenge to the legislation perhaps Cont. if someone forgets to post an ordinance then an affi- davit must be made. Keeping things simple is the best thing to do and posting these is fine but it is not a good idea to make it a legal necessity. There are also unnecessary provisions regarding the way in which meetings are conducted. These provisions are also covered by Robert's Rules of Order and there is no need to repeat these things. All that is necessary is to state that the meetings are governed by Robert's Rules of Order. If we vary from Robert's Rules of Order, then there can be a special section in the ordi- nance. He stated he felt the ordinance should not be passed and if it is passed, he would hope it is vetoed. Mayor Todd questionned Section III in that the Council will elect from their number a person to serve if a vacancy should occur in the Office of Mayor. Attorney Parker stated this is the State law as it now exists. Councilman Sterling asked if any other cities have not included State statutes in their ordinances. Attorney Parker replied he did know now of any that have. Coun- cilman Sterling stated the City of Renton has and so has King County. Attorney Parker stated there is no need to repeat what we are already governed by. It would be better if you wanted to have everything in one package to have a hand book of some kind. As soon as the State law is changed, and they are changing all the time, then we have to amend the ordinance. It is bothersome to do and it must be printed in the newspa- per which is expensive. It must also be printed in the Municipal Code which is also costly to revise. Coun- cilman Sterling asked if it is the Attorney's opinion that any of these items in this ordinance that violate the State law. Would any other cities using this same ordinance be violating the State law? Some of these sections were taken from other ordinances. Attorney Parker stated some of the Code cities might be able to function with a law or provision which would be impro- per for a third -class city. Councilman Sterling asked if he needed Council permission to get a tape recording of the Council meeting tape regarding the Attorney's comments. Mayor Todd stated it is public record and available to anyone. Councilwoman Harris asked Attor- ney Parker to prepare his comments in written form for the Council Members tonight. Attorney Parker replied no, he would have the secretary type them up. Council- woman Harris stated Attorney Parker's logic is absolute ly amazing and could not believe what she was hearing. She could not believe an attorney could put together logic like that. This ordinance was evolved from con- sulting not only the Municipal Research and Service Center of Washington which works in association with the Association of Washington Cities and they have a very fine staff there who are quite expert in their field. This ordinance incorporates many of the change: and in fact almost all of the changes requested by Mr. Kinsey. She stated she had sought out expert knowledge from King County. Some of the language in the ordinance comes from the City of Kennewick which was a third class city and the City of Pasco which is still a third class city. She stated she had notes on the proposed ordinance reciting every source and if it is legal somewhere else, how come it can't be legal in the City of Tukwila. Attorney Parker suggested perhaps Council- woman Harris is reading it improperly. Councilwoman Harris asked if she is reading Mr. Kinsey's letter im- properly where he states it is all right to have Commit tee of the Whole meetings scheduled as we have because they are not regular Council meetings. They are commit tee meetings. Attorney Parker stated Mr. Kinsey is TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 6 ORDINANCES AND RESOLUTIONS Cont. Proposed ordinance mistaken. Mayor Todd asked if Mr. Kinsey is an attor- Council procedures ney. Councilwoman Harris replied yes, he is the legal Cont. consultant of the Association of Washington Cities. Mayor Todd asked who Dr. Campbell is and what connec- tion he has with the Assocation. Councilwoman Harris stated he was formerly the Executive Director. She stated this ordinance is legal, we have consulted out- side help to do an objective and unbiased critique on the proposed ordinance, we have included the changes suggested in the new edition to my, her knowledge the City Attorney has not proven to her where it is not legal. Attorney Parker stated he could not prove any- thing to her. Councilwoman Harris replied at this point in time she would agree with that. The whole point of the Open Meeting Act and the A.G.O. is that if a quorum of the City Council meets, there should be public notice and the public and the press is entitled to attend. That does not say you cannot meet or that you cannot take any kind of action. It says if you do meet and hold discussion the public is entitled to partake of the proceedings leading up to the final action of the Council taken at a regular meeting. The California case involved a luncheon meeting and the only reason they were cited was because the press had asked to attend and the meeting was a closed session. That was the reason because it was a closed meeting, not because they met, had the public been informed. Our proposed ordinance by virtue of the fact that we have adopted by ordinance times and meeting places of the Council and its regular meetings and its Committee of the Whole meetings, and we have also proposed that each standing committee will publish by resolution times and meeting places of its meetings will have complied by meeting the 24 hour notice requirement. No where does it say that four members of the Council cannot meet at any other time except at a regular meet- ing, but if they do, the public has to have notice. This is why we proposed this ordinance so explicitly. The public will have a chance to know when and where we will be meeting and what we will be discussing. Also on our rules pertaining to the order of business the public is provided the chance to say how they feel about matters being discussed as we are doing now. The ordinance gives the staff an opportunity to meet with the Council in between regular meetings for dis- cussion. This will help avoid some embarrassing situ- ations for the staff, the Council and the audience and will help everyone plan their time a lot more effi- ciently. The intent of the ordinance is to get some organization in our Council, get some planning and most importantly, give the public to be well informed. Attorney Parker stated he has been criticized for not advising the Council and that he should come to their rescue when they get into trouble. He stated when this ordinance first came up for consideration that you and four other of the members would get into trou- ble and advised you then it was the wrong thing to do, and sure enough this is one of the reasons for recall. Councilman Sterling asked if the ordinance was passed. Attorney Parker replies yes, and it was vetoed by the Mayor. This ordinance if passed will get you into trouble. Councilwoman Harris stated that ordinance had been vetoed and therefore was an inactive ordinance and could not have illegal since it was a dead issue. There is no such thing as an illegal ordinance. It takes an action in court and a judge to decide these things. That is the proper forum for a challenge to any legislation. Attorney Parker stated he could not sit by and let the Council make a mistake without tell- ing you about it. Councilman Traynor stated he object- ed to the ordinance because there was more than one ordinance tied up in it, more than one titled subject. TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 7 ORDINANCES AND RESOLUTIONS Cont. r 6 Proposed ordinance He stated regardless of the A.G.O. and Mr. Kinsey's Council procedures letter, any time the Council schedules a meeting it is Cont. a regular meeting. Two weeks out of the month we will have two meetings per week which is in violation of the R.C.W. Councilman Johanson stated it seems the City Attorney has more of an opinion of what the Council should and should not do than to the legal approval as to form. He stated he has heard many people on the proposed two meetings per week and is convinced it is proper as long as no action is taken at the second meeting. He interprets action in this case as action to develop, to create, to say yes or no to a resolu- tion, ordinance or order. There was no action taken at the work sessions we formerly held. Action was tak- en at the regular meeting where the Council voted. It is silly to nitpick at all of this when you understand the intent. What is the City Attorney's suggestion if this is not what you want. Councilman Johanson asked Councilman Traynor what other subjects are involved in the ordinance. It is procedures. Councilman Tray- nor stated it covers Council committees, Council meet- ings, order of the business of the meetings. Council- woman Harris stated she recalled that Councilman Tray- nor was one of the proponents of a Thursday night agenda meeting during the March 21 Committee of the Whole meeting. This was written into the ordinance reflecting your wishes. As far as standing committees are concerned, any Council can establish its own rules for its own procedures. She then quoted from the appropriate section of the King County ordinance which establishes standing committees. She stated the City of Pasco's ordinance also established standing commit- tees. She indicated a letter sent to Councilman Traynor from Mr. Kinsey dated February 22, 1974. Councilman Traynor stated he is not objecting to the Council com- mittees, but he does feel they should be covered on a separate ordinance. Mayor Todd stated he only objected to illegal standing committees of the Council. He has taken the position that all standing committees of the Council appointed by the Council are illegal because there is no enabling legislation that author- izes the Council to appoint standing committees or have standing committees. Councilwoman Harris stated stated the Council is in the process of establishing this right now. Mayor Todd stated there is nothing right now. In the past it has been the practice that the Mayor appoint these committees. Councilman Traynor suggested eliminating the second and fourth Monday meetings and leaving the Thursday meetings as agenda meetings. Those Mondays could then be available for special meetings. Councilwoman Davis stated that is not the purpose of these meetings because only one topic can be discussed at a special meeting. Attorney Parker stated there is no objection to the meetings as regular meetings on Monday. It is the Thursday meet- ings that become illegal. Councilman Johanson stated he is specifically in favor of this ordinance primarily because of the second and fourth work session meetings on Monday. Councilman Traynor suggested then to drop the Thursday meetings. Attorney Parker stated the Thursday meeting can be publicized as a special meeting to consider the agenda only and it would be legal. Councilman Sterling stated as he understands it, the Council can have committee meetings on Thursday if it is not set forth in the ordinance. Attorney Parker stated that is correct. Councilman Gardner stated any- one can see that we need this ordinance passed because we turn every regular meeting into a work meeting just to get information, like we have been doing for the last hour. He stated he is in favor of this ordinance and if there is something wrong with it, we can change TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 8 ORDINANCES AND RESOLUTIONS Cont. Special Report: LID #19 and #20 CORRESPONDENCE AND CURRENT BUSINESS 8'4 Proposed ordinance it later. Councilwoman Harris stated this has all Council procedures boiled down to a matter of opinion and not legal fact. Cont. She then read from Mr. Kinsey's letter to her dated June 6, 1974. A copy of this letter is on file in the City Clerk's office. She stated the ordinance sets two regular meetings per month which are not in the same week. Council committee meetings are authorized by R.C.W. 35.24.200 and that the Council may establish rules for the conduct of its proceedings. She stated regular Council meetings are those normally presided by the Mayor as stated in R.C.W. 35.24.200; however, Committee of the Whole meetings would be presided over by the President of the Council. This is a routine practice in almost every incorporated city in this State and many counties. And if this is legal else- where, why cannot it be legal in Tukwila? Councilman Sterling stated he intended to get another legal opin- ion on Section VI.E. regarding a three member committee meeting with a fourth member of the Council present. He stated as he understood the explanation, this would violate the Open Meeting Act because the fourth member would result in a quorum. These committee meetings will be advertised to the public. Attorney Parker stated assuming the Council has validly appointed com- mittees it is not necessary to give notice of these meetings. If you have four Council members present then it becomes a regular meeting or a special meeting. With the special meeting, notice must be given. You have added this additional element that you are going to give notice of this meeting as required of a special meeting. And if this is the case, you have a special meeting going. MOVED BY STERLING, SECONDED BY HARRIS, TO TABLE FOR ONE WEEK. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, TO AMEND THE AGENDA TO INCLUDE A SPECIAL REPORT ON LID #19 AND #20 BY STEVE HALL, PUBLIC WORKS DIRECTOR. CARRIED. Steve Hall gave a brief background on the LIDs. He stated he had received verbal commitments that more funding will be forthcoming from E.P.A. The bond counselors recommended that the final assessment roll hearing be established prior to the bid award to es- tablish a final cost and to see if the people definite- ly want to go or not. A preliminary assessment roll is not the final commitment. He recommended the final assessment roll be advertised September 11, 1974 and that Hill, Ingman and Chase be directed to mail the final assessment roll to all property owners by Septem- ber 13, 1974. October 2, 1974 will be scheduled as the final assessment roll public hearing at 7:00 P.M. for LID #19 and at 8:00 P.M. for LID #20. Ninety days from stay of award to when bids are automatically can- celled are allowed, then there can be no further delay. At the October 7, 1974 regular Council meeting, the Council will confirm the final assessment roll subject to a 10 day appeal period. The cost overrun amounted to about 50%. MOVED BY STERLING, SECONDED BY TRAYNOR, TO ACCEPT THE RECOMMENDATIONS OF THE PUBLIC WORKS DIRECTOR. CARRIED. Request for Mayor Todd read a letter addressed to him from Fire Firefighters Chief Hubert Crawley dated August 29, 1974 informing equipment administration of the staff and equipment situation upon opening of the new Andover Park Fire Station. Councilman Sterling asked Chief Crawley if he had any money budgeted to bring on trainees before 1975 Budget requests. Chief Crawley replied no. Councilwoman Harris asked if all trucks would be in the new Station, Chief Crawley replied no, one and perhaps two would be TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 9 CORRESPONDENCE AND CURRENT BUSINESS Cont. Firefighters E left on the hill. Councilwoman Harris stated she felt equipment Cont. uncomfortable with only one professional Firefighter here on the hill and would like a bigger professional crew on duty for the residents. She stated the new Station would be of more benefit to the McMicken Height area. Mayor Todd stated these additional men would result in a better fire rating for the City. Mr. Lloyd Hartong asked when was the last time the City was rated. Chief Crawley replied in 1967. He stated he has been working with the Rating Bureau frequently and is hoping to get a rating of 5 this time. Mrs. Rena Holloway asked why the Southcenter Station could not be the auxiliary station and requested a six month report from the Fire Department. Chief Crawley stated the larger volume of responses is in the industrial area where the risk and most valuable property is and it is where the inspectors will be looking. Mrs. Eleanor McLester stated the lives of the residents on the hill should be more important. She felt strongly that if the Fire Department cannot properly man both Stations, the residential Fire Station should be put first. She stated the businesses have fire protection systems installed that our homes do not have. Mayor Todd stated perhaps the $20,000 allotted for the skin divers could be better spent for the wages for three months for new trainees. Councilman Sterling stated he assumed the Fire Department's preliminary budget would contain all that is necessary for next year. He suggested Chief Crawley put his proposals in the 1975 preliminary budget and let the Council review it then. Councilman Traynor and Chief Crawley discussed proposals on the different shifts, personnel and equipment involv ed. Councilman Traynor stated he hoped our mutual aid agreements would help bail us out in emergencies. Mrs. Robert Crain asked what legal responsibility does the City have to the Southcenter area. If the Fire Department does not respond, can the City be sued? Attorney Parker replied yes and Chief Crawley concurred Mrs. Sis Robinson stated when she first moved into Tukwila, there were two Firemen in Tukwila and the vol- unteers had always been quick to respond to the siren. They all had the E.M.T. training. Discussion continued on the time in response to areas of the City. Council- woman Davis congratulated the Fire Department on its fast response time and outstanding performance. Council man Saul asked if there are any active volunteers in the Southcenter area. Chief Crawley stated he request- ed volunteers but had no response. Councilwoman Harris thanked Chief Crawley for the letter. RECESS MOVED BY HARRIS, SECONDED BY DAVIS, TO RECESS FOR 10 10:03 P.M. 10:18 P.M. MINUTES. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. Ord. #882 Cont. MOVED BY HARRIS, SECONDED BY STERLING, THAT AGENDA ITEM 4. c. BE RECONSIDERED AT THIS TIME. CARRIED. MOVED BY STERLING, SECONDED BY HARRIS, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordi- nance transferring funds from the Federal Revenue Shar- ing Fund to the Current Fund to establish a Marine Safe ty Division under direction of the Fire Department. MOVED BY STERLING, SECONDED BY HARRIS, TO ADOPT ORD. #882 AS READ.* Councilman Traynor stated he would like to investigate some of the costs because they seem high Councilwoman Harris stated it was discussed at the Com- mittee meeting that these costs are estimates and pro- bably would not run as high on each item. It would be better to insure that enough money was budgeted to pay for these items rather than underfund the project. Councilman Johanson asked why the vehicle was necess- ary. Chief Crawley stated it was requested to haul the diving equipment, life support equipment and other TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 10 CORRESPONDENCE AND CURRENT BUSINESS Cont. Ord. #882 Cont. Certificate of Appreciation to Fire Dept. Discussion: Golf Course appraisal 9g9 items. Councilman Johanson asked if the Civil Defense truck could be used. Chief Crawley stated the truck will be going to the City of Redmond. Councilman Sterling requested a brief run down of each item being requested. Chief Crawley reviewed the list. Council- man Saul stated it is a matter of priorities with the Revenue Sharing. What about the aid car and the park programs? This diving program does not seem like a number one priority. Councilman Traynor stated he had been on two calls as a volunteer in the past and the King County Sheriff had done this type of work and he did not think the Sheriff's Department had all of this listed equipment. He stated he did not see why the cost of this has to be so high. Chief Crawley stated the Public Safety Committee had recommended the program be set up right the first time. Councilwoman Davis stated there are special problems on the River that require this special type of boat and motor. Chief Crawley stated the boat can run in 4 inches of water and is especially designed for rivers. Councilman Sterling stated we do need another aid car but we also need the diving apparatus which can be available to other communities along the River. We have a responsi- bility in this City to take care of people in that River. The divers should have the best equipment to do the job. Councilwoman Harris stated she agreed and added the Park Board has requested some of the Federal Revenue Sharing funds and we must not forget them. Councilman Sterling asked how many other cities have a diving staff. Chief Crawley stated he knew Kent had one. Councilman Saul suggested a mutual aid agreement with King County. Councilman Johanson referred to an incident where recently a boy had drowned in Tukwila. It is an obligation of the City and he supported the program, but he stated he would like to be a little more sold on the cost. Mrs. Phyllis Pesicka stated she heard it stated that there were three calls this year. Is this going to be a life- saving operation? Chief Crawley replied no, but it could be. Mrs. Anna Bernhard stated the City does not get charged by King County for the service. The divers here could not get into a wet suit fast enough to save a life. Mr. Ed Bauch asked what would come first if it were the aid car versus the divers. Chief Crawley stated the aid car is budgeted under separate funds and if he were given a choice, he would back the aid car but that this would not relieve us of the responsibility of a diving unit. Councilman Traynor asked if the program could get going without the van and the boat. Chief Crawley stated it could be trimmed. Councilwoman Harris stated at the Committee meeting, it was suggested by the Coun- cil Members to put the entire package of $20,000 before the Council this year. Mayor Todd pointed out the lia- bility risk of this and asked the Council to consider insurance. *ROLL CALL VOTE: 4 AYES STERLING, DAVIS, HARRIS, JOHANSON; 3 NOS GARDNER, TRAYNOR, SAUL. CARRIED. Mayor Todd read the Certificate of Appreciation to the Fire Department from the U.S. Army Reserve. The Police Department also received this commendation. Mayor Todd read a memo from Gary Kucinski, Planning Director, which stated the King County Assessor values the property at $656,000 for the Westerly portion. Mayor Todd then read a letter from A. Wesley Hodge, Attorney for the Golf Course owners dated August 28, 1974 which stated the owners would accept an option or an earnest money agreement before they would furnish any financial information to the City. Councilman TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 11 CORRESPONDENCE AND CURRENT BUSINESS Cont. Discussion: Golf Course appraisal Cont. Special Meeting City Hall site presentation Discussion: Gambling Special Meeting: Gambling OLD BUSINESS Discussion: Statement of policy Payment for eyeglasses tszs Sterling stated a new appraisal would cost approximate- ly $800 and could be available by September 10. Does the Council want to spend the $800? He stated he would like to see if the County is assessing the property on M' -1 zoning and the figures which the Mayor presented may not represent a complete appraisal on all the pro- perty. There is a deadline of September 20 to get this on the November general election ballot. The Council has gone on record to get this on the ballot. Council- man Saul suggested putting it on the ballot at $2.355 million, but he stated he did not think the voters would buy if it is being assessed at only $800,000. He stated he did not think the Council should approve an update of the appraisal by Blaine and Halliday. MOVED BY HARRIS, SECONDED BY JOHANSON, TO TABLE FOR ONE WEEK. CARRIED. Mayor Todd read a letter from Benjamin McAdoo's office dated September 3, 1974 requesting the Special Meeting be postponed due to Mr. McAdoo's recent extended ill- ness. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE SPECIAL MEETING OF SEPTEMBER 4, 1974 BE CANCELLED AND THAT NOTICE BE GIVEN THAT THIS SPECIAL MEETING BE RE- SCHEDULED TO SEPTEMBER 25, 1974 AT 7:30 P.M. IN THE CITY HALL COUNCIL CHAMBERS.* Councilwoman Davis stated now it is not possible to get this on the ballot and she would rather someone else give this presentation some time before the 20th of September. *CARRIED WITH HARRIS, TRAYNOR, STERLING AND GARDNER VOTING YES. Councilman Johanson stated very few people attended the Special Meeting on gambling last week. He stated he would recommend that a commission to control gambling be established. He stated he received a reply from the Association of Washington Cities that the Council could set up a commission of citizens. He stated it would be difficult to empower them with the policing powers to enforce the rules. The State Legislature has given the enforcement to law agencies only. He stated the Council could appoint a marshall to continue the pro- posal. Councilwoman Davis stated she had made the Motion to hold that Special Meeting and it had been her intent for the Council to draft an ordinance then. We should hold another Special Meeting to draft our ordinance. Councilwoman Harris suggested the Public Safety Committee draft an ordinance at its next meeting to present to the Council next Monday night. Council- woman Davis stated that three members could not have enough input and would rather the Council of the Whole meet to consider this. Councilman Gardner stated he could not be available to attend any meetings next week. MOVED BY STERLING, SECONDED BY SAUL, THAT A SPECIAL MEETING OF THE COUNCIL BE HELD WEDNESDAY, SEP- TEMBER 11, 1974 AT 7:30 P.M. IN THE COUNCIL CHAMBERS TO CONSIDER WORDING ON A PROPOSED GAMBLING ORDINANCE. CARRIED. Councilman Sterling stated at a previous Council meet- ing it was decided that no more payments would be made for eyeglasses which have never been a legal obligation of the City but which some Department Heads have let slip through. The City had begun paying this some time in the past. City Clerk Shirlee Kinney stated her Department could not determine if these bills are ille- gal but did determine that they were correct. It is up to the Council to decide whether or not they should be paid. Councilman Sterling stated somebody had to submit a bill for payment before the Council approved it, and at that time, the City had never paid for TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 12 OLD BUSINESS Cont. Discussion Eyeglasses Cont. NEW BUSINESS Council Budget Meeting City Council file cabinets New door in the Council Chambers 257 glasses. Then someone else submitted a bill and so on until the City ended up paying these bills. When the Council learned the City is not responsible for paying for the glasses, we refused to pay this employee who is now asking for payment and was under the impression the City had a policy of paying for glasses. The Coun- cil should make a policy statement but this employee should be paid. It is not the employee's fault that the Council started paying for the glasses. Council- man Sterling stated he did find fault with whatever Department Head started slipping these bills through to the Council which in turn we should have caught. Councilman Traynor stated the Council should read the oath which the Department Head signs on each voucher, that the bill being submitted is a legal obligation of the City. There is quite a difference between the amounts ofthe bills for glasses and this one for con- tact lenses. This is not an obligation of the City, not even under the L.E.F.F. Act. Councilman Saul sug- gested paying the employee the amount that would have been paid for glasses according to past bills. Mrs. Anna Bernhard asked if the employee must wear contact lenses out of necessity. Councilman Traynor stated O.S.H.A. will not approve contact lenses for safety reasons. Councilwoman Harris stated that contact lenses are very sensible in the line of Police work. She stated the Department Head may have been advised that these payments were an obligation of the City. Councilman Sterling stated we established a precedence the first time we approved a payment. Councilman Jo- hanson stated this is an improper bill and it was im- properly presented by a Department Head to the Council. He stated he is personally against paying it and feels disappointed that any Department would take advantage of the Council in this way. Councilman Saul stated he would like to see what was paid in the past. He stated he was sure this was something that was simply overlooked and was not deliberate on anyone's part. He stated he would be willing to pay equal to what has been paid in the past. It is a matter of justice. Councilman Johanson asked where is the justice to the taxpayers. MOVED BY DAVIS, SECONDED BY HARRIS, TO TABLE ONE WEEK FOR FURTHER DISCUSSION. CARRIED. City Clerk Shirlee Kinney stated she would research the vouchers paid for eyeglasses during the past few years. Councilwoman Harris stated the Council must submit its 1975 Budget proposals to the City Clerk by September 23. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT THE CITY COUNCIL HOLD A SPECIAL MEETING TO DISCUSS 1975 COUNCIL BUDGET PROPOSALS ON WEDNESDAY, SEPTEMBER 18, 1974 AT 7:30 P.M. IN THE CITY HALL COUNCIL CHAMBERS. CARRIED. Councilwoman Harris stated the two filing cabinets des- ignated for the Council are not being used and could perhaps be loaned to some other Department. She stated Jack Lewis had requested one of them. Councilwoman Davis felt only one should be released since some of the Council Members are using one. Councilmen Sterling and Saul stated if someone needs a cabinet, they would remove their papers. Mayor Todd complimentedthe Building Department on the installation of a new exit door from the Council Cham- bers. He then quoted the increase of building permits issued for this August over August, 1973. TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 13 AUDIENCE COMMENTS Eleanor McLester Nancy Moore Councilman Traynor Xerox machine Bicentennial Ice Cream Social Councilwoman Harris Mrs. McLester asked Councilman Traynor if he had chair- ed the alleged illegal meeting in March and did he write the Minutes of that meeting? If one Council Mem- ber is guilty, are not all Council Members guilty? If the five Members of the City Council are recalled, does Councilman Traynor intend to resign as a matter of honor? Councilman Traynor stated he did chair the meeting and did write the Minutes. He stated he did not feel this is a matter of honor because he does not believe that was an illegal meeting and he would not resign. Mrs. Moore stated Councilman Traynor had been drawn up in the recall charges, but the committee did not have enough legal charges against him to stand up in court. Councilman Traynor stated he has tried to stay clear of the recall for the best interests of the City. He stated he would not express his own personal opinions at the Council table on this subject. He stated he has never chosen up sides and that he has friends who are being recalled. Mayor Todd stated over the weekend, there were over 140 unaccounted copies made on the machine in the City Clerk's office. If anyone is using that machine, please record the number of copies. Councilman Saul extended his thanks and congratulations to all those who worked at the Bicentennial Ice Cream Social on Sunday and stated the City will have the A.R.B.C. flag flying over the Fire Station for the next two years in commemoration of the Bicentennial Celebration. Mayor Todd congratulated Councilman Saul. Councilwoman Harris stated she would like to know the manner in which the legal publications for the City are transmitted to the Highline Times. City Clerk Shirlee Kinney stated those notices are sent by certified mail and receipts are kept in her office. Councilwoman Har- ris asked if there is a receipt for the notice of the March 21 meeting. She stated a copy of the form used for meeting notices was put in the Council's mailboxes on March 4 with two other public notices. The other two notices were published, but the one public notice intended to announce the Council of the Whole meeting of March 21 did not even get to the newspaper. She wanted to know why. The Council was led to believe that this was published on March 6 and 13 of this year. Who is responsible for it not getting published? This is an area of grave concern because the Council in all good faith felt it was meeting pursuant to a published notice in our legal newspaper. She stated she thought the Council had been sand bagged. Councilwoman Harris demanded to know why tonight. If there is a receipt for a certified mailing of this notice then City Hall is off the hook. Somebody is on the hook. This meet- ing had been announced at three previous Council Meet- ings with the public and the press sitting in the audi- ence. Councilman Sterling stated this is a good point and that this issue is one he would have sued about. If this was intentionally withheld from publication, then the Council was sold down the river. Discussion followed between members of the audience and the Coun- cil and Mayor Todd stated the Council meeting is not the proper forum for recall discussions. Councilman Johanson asked if the Concerned Citizens Committee had ever met in the City Hall building. Mrs. Sis Robinson replied no. Councilman Sterling stated he would like a written answer to Councilwoman Harris' request. MOVED BY DAVIS, SECONDED BY JOHANSON, THAT A WRITTEN TUKWILA CITY COUNCIL MEETING September 3, 1974 Page 14 AUDIENCE COMMENTS Cont. Shirlee Kinney, City Clerk Councilwoman Davis Shirlee Kinney Councilwoman Davis Shirlee Kinney Councilwoman Davis Councilwoman Harris Mayor Todd 253 ANSWER BE GIVEN THE COUNCIL IN THE NEXT WEEK.* City Clerk Shirlee Kinney stated she would like to make a point of clarification here. She thought she had explained this before. "When you talked about this March 21, 1974 notice, is that the correct date, I had not realized it was that current of one. It was after that problem came about, that when that notice didn't get in, that I began sending notices by certified mail. Now prior to that time, I had been handing them to the reporter from the paper, for a while it was the Record Chronicle and then it was the Highline Times. I would hand to them that evening the copies of ordinances that were passed, notices and so on. And it was after that particular special meeting notice was not received by them and I got a call from the Highline Times saying that they did not receive it, on the day of the meeting. This was much too late, late in the afternoon. I scrambled through the newspapers and found those two weeks editions, it had to be published twice, and with- in the text of one news article, this was mentioned, which was sufficient. But it was not mentioned or did not show up as a legal the second time at all which threw the whole thing out of whack. It was not inten- tional and was never meant to be, it was a mistake, the mail did not carry through and I don't know what happened to it. That is all I have to say on the mat- ter. I have since been sending these by certified mail so that I will have a receipt." "Let me ask you, at one point you said that you handed it to the news reporter and next you are talking about sending it through the mail. Did you send it with the news reporter that time "I think that was one I mailed. I'm positive it was one I mailed. Timing has a lot to do with it too. I used to try to get them in the immediate Wednesday issue but I couldn't always do that and be assured they would be in there and dated correctly. I pre -date those things when they are typed. That's why the one you got, if it had been published correctly, it would have been no problem. The dates tell the paper when to publish it. They just did not get it." "And you knew by, what time was that "It was late in the day in the day of the meeting." I then informed the Mayor that afternoon. "You should have informed the president before the meet ing ever started." Councilwoman Harris stated if the Highline Times knew they were to have received a notice and did not receive it then why did the Highline Times in two separate issues with headlines state that the Tukwila Council violated the Open Meeting Act. The Highline Times found us guilty which is strange because the press and businessmen were there and the meeting had been announ- ced previously. What made the Highline Times any judge and jury of whether or not the Council was guilty of anything that is up to the courts. Mayor Todd stated he had been informed prior to the special meeting and that he had another meeting that evening downtown and did arrive at the special meeting while it was in progress. At that time he did notify the Council that the meeting had not been published and had asked Councilman Traynor if Minutes were being taken. There was considerable rebuttal to the Mayor's position at the time but he left the meeting immediate- TUKWILA CITY COUNCIL MEETING Septebmer 3, 1974 Page 15 AUDIENCE COMMENTS Cont. Councilman Saul Councilman Saul asked what is the Motion on the floor. Shirlee Kinney Councilwoman Harris Mayor Todd Shirlee Kinney Mayor Todd Councilwoman Harris Mayor Todd Councilwoman Harris ADJOURNMENT 12:05 A.M. ATTEST: 4s� ly because he realized it was in violation of the Open Meeting Act. Shirlee Kinney stated it was that she put all of this discussion in writing. Councilwoman Harris stated she wanted an inquiry on this and that she wanted it in writing. Mayor Todd stated it would be in writing in the verba- tim transcript of the Minutes. Discussion followed on the Motion on which Councilwoman Davis had withdrawn a second and Councilwoman Harris had asked to have the Motion sustained. Mayor Todd asked to have the Motion repeated. City Clerk Shirlee Kinney stated it was that she should provide a written answer to Mrs. Harris' request which she would provide with verbatim transcript of those Minutes. *VOTE TAKEN AND APPEARED TO CARRY.* Councilwoman Harris Councilwoman Harris stated no, that she called for an investigation. The Motion as stated is not acceptable. Mayor Todd asked Councilwoman Harris if she had receiv- ed an answer from the last several investigations for which she had called for and if so, would she provide a copy for the City. Councilwoman Harris stated she had asked for an inquiry on why this legal publication was not published. This involves the Highline Times, it involves administration. Somebody has got the answer somewhere and she called for an inquiry and a written answer on it. Mayor Todd asked Councilwoman Harris who she would like to have appointed to investigate this matter. He stated as far as he knew, all the information is avail- able and on the record. Councilwoman Harris stated it is the responsibility of administration to see to it that those legal publica- tions are transmitted to the publishing company. If it isn't done, then administration answers the inquiry. *NO ACTION WAS TAKEN ON THE MOTION. THE PREVIOUS VOTE ON THE MOTION HAD BEEN PROTESTED BY COUNCILWOMAN HARRIS. MOVED BY SAUL, SECONDED BY STERLING, THAT THE MEETING ADJOURN. CARRIED. Frank Todc 2 9 Shirlee A. Kinney, Ci €y Cler