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HomeMy WebLinkAbout1975-02-03 Regular MinutesTUKWILA CITY COUNCIL MEETING February 3, 1975 Page 2 APPOINTMENTS Cont. Board of Adjustment MOVED BY TRAYNOR, SECONDED BY GARDNER, TO CONCUR WITH Cont. THE MAYOR'S APPOINTMENT OF ED BAUCH TO POSITION NO. 1 OF THE BOARD OF ADJUSTMENT. CARRIED. Park Board Position No. 2 EXECUTIVE SESSION OLD BUSINESS Status of undergrounding Mayor's letter re: sidewalks Hodge's letter re: Foster Golf Course Mayor's letter re: Foster Golf Course Final acceptance of Tukwila Parkway Rehabilitation project Request by Mr. Todd regarding rezone for discussion Attorney Parker's letter re: funding for lighting in City Park MOVED BY TRAYNOR, SECONDED BY SAUL, TO AMEND THE AGENDA TO CONSIDER AN APPOINTMENT TO THE PARK BOARD. CARRIED. Mayor Todd submitted the name of Phyllis Pesicka for consideration as Park Board member in Position No. 2 vacated by Mr. Sukert. Councilman Traynor read a letter from Mayor Todd regarding the appointment. Mrs. Pesicka stated in her letter that she wished to withdraw her name from consideration as a member to the Board of Adjustment. MOVED BY TRAYNOR, SECONDED BY STERLING, TO CONCUR WITH THE MAYOR'S APPOINTMENT OF PHYLLIS PESICKA TO THE PARK BOARD, POSITION NO. 2. CARRIED. All comments regarding the Executive Session for employee grievance are attached in the form of ver batim transcript provided by Diane Attleson, Court Reporter. Steve Hall, Public Works Director, stated he had nothing prepared at this time and the matter was dropped from the Agenda. Councilman Traynor read a letter from the Mayor re- garding construction of sidewalks suggesting they be constructed at the time of undergrounding projects. Councilman Sterling stated the discussion of side- walks during the January 20 meeting regarded the con- struction of sidewalks in the industrial area. Councilman Traynor read A. Wesley Hodge's letter accepting the City's offer to buy the Golf Course subject to certain conditions. Councilman Sterling suggested this matter go to a Council committee. Councilman Traynor read a letter from Mayor Todd suggesting the City attempt to qualify for grants for a multi purpose city hall or community center on the Golf Course. Mayor Todd suggested the Council of the Whole consider this rather than a committee. MOVED BY STERLING, SECONDED BY SAUL, THAT THE ITEM OF PURCHASE OF FOSTER GOLF COURSE BE REFERRED TO THE COMMUNITY AFFAIRS COMMITTEE. CARRIED. Councilman Gardner read a letter from Steve Hall recom- mending final acceptance of the Tukwila Parkway Rehab- ilitation project. MOVED BY STERLING, SECONDED BY SAUL, TO CONCUR WITH THE PUBLIC WORKS DIRECTOR'S RECOM- MENDATION TO GRANT FINAL ACCEPTANCE OF THE TUKWILA PARKWAY REHABILITATION PROJECT.* Councilwoman Harris stated she felt this should be accepted by more than just a Motion of the Council. CARRIED, WITH HARRIS VOTING NO. Approval of prof. Steve Hall requested this item be discussed in conjunc- services agreement tion with Resolution item 11.b. LID #27, Harstad Assoc. Mr. Todd stated in the interest of time and the lengthy Agenda, he would forego this item of business tonight. Mayor Todd read a letter from City Attorney Parker addressed to the City Clerk stating the expenditure for lighting improvements to the City Park is authorized from the Building, Land Acquisition F, Development Fund. TUKWILA CITY COUNCIL MEETING February 3, 1975 Page 3 OLD BUSINESS Cont. City Clerk Shirlee Kinney read her memo to the Council stating as a result of a conversation with Mr. Dillon's office (King County Records F Elections) that there appears to be no provision by law for recertification of these petitions. Councilman Traynor requested the resolution to accept the annexation be re- written to reflect items in the petitions and the Council will consider it at the next regular meeting. Councilwoman Harris stated an election and a community council should have been in the original resolution presented to the Council last July. She stated R.C.W. 36.93 states that if the adjusted boundaries do not have the required signatures, 30 days were allowed for new signatures to be gathered. Thirty days have expired since the Boundary Review Board's decision of December 12 and we can still go ahead with an election, but she stated she felt all previous procedures have not been done correctly. Mayor Todd stated we have now reached a point where the Council must send this back to the County Council to forward to the Dept. of Records Elections to set an election date for the community in Duwmanish- Allentown. It is a simple matter for the City Council to approve the resolution to do that. Councilwoman Harris stated the Council has had no financial studies made on the considerably reduced area. We need to study this in depth. We have not seen any kind of environmental assessment. She stated she was not in favor of accepting this for the lack of proper attention. She stated we do want to think about this again but in a different way. City Clerk's memo re: Councilman Traynor read a memo from Shirlee Kinney indi- LID #27 public hearing cating her recommendation that the Council meet on February 17 for the purpose of recessing to February 18 since the 17th is a legal holiday for the City. Steve Hall stated the notices have been mailed out with the hearing date set for February 18. MOVED BY SAUL THAT LID #27 PUBLIC HEARING BE DESIGNATED FOR FEBRUARY 18, 1975. MOTION FAILED FOR LACK OF SECOND. City Clerk's memo re: Recertification of annexation petitions (Duwamish Allentown) Public hearing re: Water District #35 and #38 merger NEW BUSINESS Request approval to apply for grant re: inflow infiltration study Fireman's Pension Fund discussion Ordinance #915 discussion by Police Guild /0K MOVED BY TRAYNOR, SECONDED BY STERLING, TO AMEND THE AGENDA TO INCLUDE ITEM 8. k. CARRIED. Steve Hall, Public Works Director, stated the Council had authorized him to contact the Boundary Review Board for a public hearing regarding the proposed merger. We will need to send $100 to the Boundary Review Board out of the Public Works budget in order to have the hearing. MOVED BY STERLING, SECONDED BY SAUL, TO APPROVE PAYMENT OF $100 AS RECOMMENDED BY PUBLIC WORKS DIRECTOR. CARRIED, WITH HARRIS VOTING NO. Councilman Gardner read a letter from Steve Hall regard- ing application for grants through the Department of Ecology and the State of Washington for this project. MOVED BY STERLING, SECONDED BY SAUL, TO APPROVE REQUEST TO APPLY FOR GRANT FUNDING. CARRIED. Mayor Todd explained the findings of Milliman Robert- son, Actuaries, regarding increased funding for the Firemen's Pension Fund. A complete report is available in the City Clerk's office. He recommended the long- term approach of levying 1 1/2 cents of the general levy over a 25 year period. Detective Joe Mathews asked if the 12 days of annual leave were intended for all employees including the Police officers. Our contract does not include this benefit. When the budget was discussed last Fall, TUKWILA CITY COUNCIL MEETING February 3, 1975 Page 4 NEW BUSINESS Cont. Ordinance #915 Cont. Councilman Sterling had indicated at the time that there would be a change in vacation schedules by ordinance. We were informed by the City Clerk's office this week that the 12 days do not apply to us per our contract. Councilman Sterling stated he assumed this would apply to all employees. Detective Mathews stated the Guild would be willing to accept 12 days vacation. Attorney Parker stated the Council could not give them less than what is designated by contract, but he did not see why they could not give more. Councilman Traynor stated it would appear the employees under contract are not included. It is our contract with the non -union employees to provide these benefits. MOVED BY STERLING, SECONDED BY SAUL, TO CLARIFY ORDINANCE #915 TO INCLUDE ALL EMPLOYEES.* Councilman Traynor stated we have two more groups under contract. It is either all of them or just those not covered by contract. *FAILED WITH GARDNER VOTING YES. Detective Mathews stated the Guild has not had very much experience with contracts and has been relying on the good faith of both parties to work out problems such as this. We were approached by the City on a contract problem last year regarding lunch hours and we backed off on that item to open our contract. A specific comment was made by a Council Member during the budget meetings that it was entirely possible that the City Council was going to change the vacation ordinance and that it would apply to everyone. Our contract reflects the wording of the previous ordinance, but we are relying on the good faith extend- ed in those budget sessions. Mr. Melvin Dickey stated one man on the Council commit- ted himself when the ordinance passed. Each individual Council Member should be polled. If you are going to pick and choose, you are going to get into trouble over that. MOVED BY HARRIS, SECONDED BY GARDNER, THAT THE COUNCIL RECONSIDER THIS ITEM. CARRIED, WITH TRAYNOR AND SAUL VOTING NO. MOVED BY HARRIS, SECONDED BY STERLING, THAT THE INTERPRETATION THAT ALL EMPLOYEES OF THE CITY ARE COVERED BY THIS ORDINANCE BE ATTACHED TO THE ORDINANCE #915.* Councilman Traynor stated he hoped that when these unions negotiate, they will remember the extra benefits they received throughout the year. These are increases that were not negotiated for. *CARRIED, WITH TRAYNOR AND SAUL VOTING NO. RECESS MOVED BY HARRIS, SECONDED BY STERLING, TO RECESS FOR 9:15 P.M. 9:25 P.M. TEN MINUTES. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. Late comers agreement Councilman Gardner read a letter from Steve Hall with LID #19 recommending the matter be placed in the Public Works Committee. Attorney Parker stated this is governed by an old ordinance and the cost is paid into the Sewer Fund. If the area of Andy's Diner is included in the LID, credit will be given by the Sewer Fund to the LID. Steve Hall stated the Diner will be constructed in Renton and will not be included in the original LID. The late comers charge will go into the Sewer Fund. MOVED BY HARRIS, SECONDED BY SAUL, TO REFER THE ITEM TO THE PUBLIC WORKS COMMITTEE. CARRIED. Discussion continued on the assessment of property. Councilwoman Harris stated it would seem logical that this cost would have to be re- spread through assessments. Coun- cilman Traynor stated many others then would also have to be researched and done that way also. This goes TUKWILA CITY COUNCIL MEETING February 3, 1975 Page 5 NEW BUSINESS Cont. Corridor Study BiCentennial clean- up and City Park property discussion /o V? Late comers agreement back a long way. Miss Helen Nelson stated the circum- Cont. stances in LID #19 are not ordinary since it is not all in the City of Tukwila. She stated she felt there should be some reimbursement for the trunk line cost from Burlington Northern or the developer. Steve Hall pointed out there are no City funds involved in this Negotiations with Councilman Gardner read a letter from Steve Hall Independent Water Co. recommending the matter be placed in the Public Works Committee for further discussion. Councilman Gardner read a letter from Steve Hall requesting direction from the Council regarding parti- cipation in the corridor study since it would affect property in the City limits. The City's share of costs would be $1,000 toward the estimated cost of $28,000. Councilman Sterling asked Steve Hall if he felt the City would be getting $1,000 benefit out of this study. Steve Hall replied it may be worth it from the stand- point of the development of 80 acres in the City in the area of the corridor, and it could be a future invest- ment for the City since the developers will need to build streets in there. The study would provide them with a comprehensive guideline. He stated if the study did not include the Strander corridor, its value for the City would be marginal. Mayor Todd recommended the expenditure for this study since it covers an area that would provide the only logical access to the pro- perty belonging to the railroad. Councilwoman Harris stated she would like to know who the private land owners in the area are and to have a letter from the Renton City Council. We have not budgeted this $1,000. MOVED BY HARRIS, SECONDED BY STERLING, TO REFER THE ITEM OF CORRIDOR STUDY TO THE PUBLIC WORKS COMMITTEE. CARRIED. Mr. Ed Bauch stated at the last meeting of the Bicen- tennial Committee, the possibility of picking up the idea of the Council's planning session of January 11 to conduct a city -wide clean -up was discussed. It was decided to adopt the idea as one of the Committee's projects. We would like to sponsor and publicize this for Spring that any large and unusual objects would be picked up by the City crew or a disposal crew at City expense for one day only. Mr. Bauch stated he had been informed by the Public Works Director that the City's trucks are not suited to this so the Committee will be submitting a report of costs soon. Mr. Burton Lutes stated the longhouse was discussed with members of the Park Board and they have no objec- tions to using the property of the City adjacent to the Lois Newton Bridge. He stated the Council should be involved in this before we invest too much time and money. We need permission to place this building on the property. Mayor Todd suggested a meeting be held between the Bicentennial Committee and the Council. Councilman Saul formally invited the City Council to the Bicentennial meeting to be held on February 19 at 7:30 P.M. at City Hall. Miss Helen Nelson stated there is a building standing there that has a lot of its own historic value that the Committee may want to consider rehabilitating with the logs. MOVED BY TRAYNOR, SECONDED BY STERLING, TO AMEND THE AGENDA TO CONSIDER ADDITIONAL INFORMATION PRESENTED BY THE PUBLIC WORKS DIRECTOR. CARRIED, WITH HARRIS VOTING NO. TUKWILA CITY COUNCIL MEETING February 3, 1975 Page 6 NEW BUSINESS Cont. Extra work order LID #19 Extension of time for LID #20 SECOND READING OF ORDINANCES Proposed ordinance powers duties of Park Commission Ord. #916, Providing for accrual of sick leave on monthly basis Ord. #917, Gambling 101? Steve Hall, Public Works Director, stated there have been a few problems involving Hill, Ingman Chase, Tri -State Construction and the Seattle Water Depart- ment which makes it necessary to request an extra work order in the amount of $8,500, 90% of which will be funded by the State and Federal grants. This is in addition to the original contract and there is a 10% contingency fund in the final assessment roll to take care of the 10% of $8,500. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE EXTRA WORK ORDER BE APPROVED FOR LID #19 AS DESCRIBED BY THE PUBLIC WORKS DIRECTOR. CARRIED, WITH HARRIS VOTING NO. Steve Hall explained the contractor ran into problems with excavating when the Green River was up to flood stage. They are requesting a 30 -day extension. Any engineers charges will be picked up by the contractor and these are the only legal charges that can be charged against them. Any others will be charged to the cost of the LID. MOVED BY TRAYNOR, SECONDED BY STERLING, TO ACCEPT THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR REGARDING THE 30 -DAY EXTENSION TO THE CONTRACTOR ON LID #20. CARRIED. Attorney Parker read his letter dated January 27, 1975 regarding suggested changes in the proposed ordinance. Councilwoman Harris stated this has been read for a second time at a previous meeting and was referred to the City Attorney for his approval as to form. The ordinance now comes back to us with incorporated re- visions. MOVED BY HARRIS, SECONDED BY SAUL, TO REFER PROPOSED ORDINANCE TO THE COMMUNITY AFFAIRS COMMITTEE FOR FURTHER DISCUSSION. CARRIED. MOVED BY HARRIS, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE READ FOR ITS SECOND READING BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordi- nance amending Tukwila Municipal Code Section 2.52.050 to provide for accrual of sick leave on a monthly basis. Attorney Parker noted this ordinance applies to all full -time employees of the City. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT ORD. #916 BE ADOPTED AS READ. CARRIED, WITH HARRIS VOTING NO. MOVED BY SAUL, SECONDED BY TRAYNOR, TO READ PROPOSED ORDINANCE BY TITLE ONLY. FAILED, WITH SAUL VOTING YES. MOVED BY SAUL, SECONDED BY TRAYNOR, THAT PROPOSED ORDINANCE BE READ IN ITS ENTIRETY. CARRIED. Attorney Parker read proposed ordinance of the City of Tukwila, Washington, relating to gambling and gambling activi- ties; prohibiting "punchboards defining terms; levying a tax; providing penalties; and repealing Chapters 5.24 and 5.28 of the Tukwila Municipal Code and any and all ordinances in conflict herewith. Councilwoman Harris asked if Attorney Parker approved the proposed ordinance as to form. Attorney Parker replied yes. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT ORD. #917 BE ADOPTED AS READ.* Councilwoman Harris suggested that the tax rates of 20% on public card rooms and 25% on social card rooms be reduced in light of recent Gambling Commission laws. If the Council so desires, we could amend it now. We discussed a 10% tax rate which is more of an average figure com- pared to other jurisdictions. One city is charging 3 1/2% at present. Councilman Traynor stated he did not recall that a 10% rate was ever discussed and it took four motions to get to these figures. The entire Council voted on these figures as a majority. It is now time to act on this ordinance. Councilman Saul TUKWILA CITY COUNCIL MEETING February 3, 1975 Page 7 SECOND READING OF ORDINANCES Cont. Ord. #917 Cont. RESOLUTIONS Reso. #474, Amending Reso. #455 Changing meeting date for Finance Personnel Committee Reso. #475, Designating Harstad Associates as engineers for LID #27 OLD BUSINESS Approval of professional services agreement for LID #27 with Harstad Associates 090 stated there are some cities taxing 30o and 20o also seems to be an average figure. He stated the 100 tax rate was never discussed. When the committee reported to the Council, it recommended a flat rate fee per table. Either we vote on what we have now or we discuss it further. *CARRIED, WITH GARDNER VOTING NO. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed resolution amending Resolution No. 455 to change the time for the meetings of the Finance and Personnel Committee by title only. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT RESOLUTION #474 BE ADOPTED AS READ. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ. CARRIED. Attorney Parker read proposed resolution designating Harstad Associates, Inc. as engineers for Local Improvement District No. 27. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE DECLARED AN EMERGENCY AND BE READ FOR ITS SECOND READING BY TITLE ONLY. CARRIED, WITH GARDNER AND HARRIS VOTING NO. Attorney Parker read proposed ordinance designating Harstad Associates, Inc. as engineers for Local Improvement District No. 27 by title only. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE ADOPTED AS READ. CARRIED, WITH GARDNER AND HARRIS VOTING NO. Steve Hall, Public Works Director, stated the Council has been furnished copies of the agreement and noted Page 2, paragraph B that Lincoln Properties and Doce's would be reimbursed the sum paid to Harstad for their study of the South Tukwila area, the feasibility study. The cost of this study should be spread against the cost of the LID since the LID benefits from it. He stated that on Page 5, paragraph 11, should be amended to include (1) exception for the feasibility study and (2) "within five years from the date of this contract He stated Harstad will be proceeding with the LID up to the preliminary assessment roll. Attorney Parker stated there will be no payment by the City if the LID fails and there will be no charge for the feasibility study in that case either. Mr. Jon Flattery, Lincoln Properties, stated the total cost of the feasibility study was $7,000 and Lincoln Properties paid $5,000; the City's exposure would then only be $2,000 since we will absorb the $5,000 as a means to proceed to the conclusion of this situation. Harstad has at no charge to the City mailed the assessment notices to all pro- perty owners within the proposed LID. We must now pre- pare the study further to present to the King County agencies. Councilwoman Harris stated her concern as expressed during the last meeting was that Harstad had been working privately for some of the owners of pro- perty involved and then as engineer for the City. They earned a fee of $7,000 and $2,000 is being charged to the City through the LID. Steve Hall stated Lincoln Properties has paid for the document. It will take another $2,000 in cost to carry the project through Soils Conservation Service and King County Dept. of Hydraulics in the proper form. $2,000 will be charged against the LID to carry it from the preliminary assess ment roll through the governmental agencies. The study is now complete. Mr. Flattery stated the whole point TUKWILA CITY COUNCIL MEETING February 3, 1975 Page 8 OLD BUSINESS Cont. Professional services agreement with Harstad Assoc. Cont. So. 180th St. metering monitoring project Signalization of north end of "S" Line Bridge Eleanor McLester ADJOURNMENT 10:55 P.M. Attest: is that we are trying to save time and money by not duplicating what has been done to this point so we proposed Harstad Associates in the first place. He stated he did not expect the City to pay $5,000 for the study if the LID fails. When the LID is formed, the study will become part of the total cost of the project. It will take another $2,000 if the LID is approved to get it to the point of approval by King County. Mayor Todd stated it is only fair that all future participants in the LID pay for the cost of the study which made the LID possible in the first place. Mr. Flattery added that if the Council does not approve the study, then we will have to start all over again with a new study and it will cost at least $7,000 anyway. Councilwoman Harris stated the Public Works Director had invited proposals from another engineering firm and it is not right to enter this agreement until we receive the other proposal. Steve Hall, Public Works Director, stated he was directed by the Council to contact Hill, Ingman F Chase and Harstad and then was directed by the Council to draft a resolu- tion designating Harstad as engineer. MOVED BY STERLING, SECONDED BY SAUL, TO ACCEPT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HARSTAD ASSOCIATES AND THE CITY OF TUKWILA FOR PROFESSIONAL ENGINEERING SERVICES FOR LID #27 AS AMENDED. CARRIED, WITH GARDNER AND HARRIS VOTING NO. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS Steve Hall, Public Works Director, reported that D.S.H.S. has approved the contract submitted by Coluccio Construction Company for the metering and monitoring project on So. 180th as part of the Highline water district intertie Water district 75 intertie intertie with Water District #75 intertie Steve Hall reported that the grant for signalization at the north end of the "S" Line Bridge had been turned down by the State of Washington for funding through the Federal Aid Safety Program. The south end is funded. Mrs. McLester stated something had to be done about the uneven handling of items on the Agenda by the Chair. Councilwoman Harris was rebuked for not being ready to consider the Executive Session but the Fire Chief and Public Works Director were allowed to decline con- sideration of the call for bids regarding a multi- purpose aid unit and of the status of undergrounding. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE MEETING ADJOURN. CARRIED. ank T dd Mayor 9 Y l l u_(= Shirlee A. Kinney, City Clerk IN RE: ITEM 7.a. on AGENDA 7. EXECUTIVE SESSION a. EMPLOYEE GRIEVANCE PRESENT: TUKTILA CITY COUNCIL MEETING FRANK TODD, Mayor SKIP TRAYNOR, President DWIGHT GARDNER JON STERLING CATHRYN HARRIS DAN SAUL FEB 1 1. 1975 February 3, 1975 7:00 o'clock P.M. Tukwila, Washington DIANE ATTLESON, Court Reporter WHEREUPON, the following proceedings were had and testimony taken, to -wit: 1 PROCEEDINGS: 2 MAYOR TODD: At this time I have requested that 3 the Executive Session normally set in another place on 4 the agenda be held at this time for the convenience of 5 those necessary to attend. Is Council in concurrence 6 with that request? 7 MR. TRAYNOR: I have no objection. 8 MAYOR TODD: Is there a motion to go into 9 Executive Session? 10 MR. TRAYNOR: I will make a motion that we go 11 into an Executive Session. 12 MAYOR TODD: Is there a second? 13 (The motion was seconded.) 14 MAYOR TODD: All in favor signify by saying Aye® 15 MRS. HARRIS: May we have some discussion, Mr. 16 Mayor? 17 MAYOR TODD: Okay, discussion, go ahead. 18 MRS. HARRIS: Thank you. Gentlemen of the Council, 19 I am not in favor of an Executive Session on this subject 20 this evening. First of all it has nothing to do with 21 Council business, it's not a Council business item. It 22 is entirely outside the activities and paperwork and 23 legislative concerns that we need to deal with during a 24 regular Council meeting. This particular subject is 25 completely outside the scope of a Council meeting. Merritt G. Dyer, Court Reporter 2 1 Secondly, the Council, I think, would be at a 2 disadvantage this evening. We have not had the opportunity 3 to get legal advice for ourselves to find out what our 4 rights are and what are procedures should be for the 5 Council members. I think there are many questions I would 6 like to put to a legal consultant that I do not wish to 7 discuss in less than a private session with our attorney. 8 So I'm not going to mention what those questions are 9 this evening. But I am opposed to this. I don't think 10 it would be wise for us to agree to this. 11 MAYOR TODD: Mrs. Harris, if I may publicly state 12 my position. I had apparently inadvertently overlooked 13 one provision in your resolution which had to do with 14 giving the Council a chance, prior to a Board of 15 Arbitration decision, to reconsider the City's position 16 with regard to this grievance, and in fact a second 17 attempt at allowing the Council, if you will, to reach 18 an agreeable settlement regarding this grievance without 19 further complicated hearings and expensive proceedings, 20 and perhaps placing the City in a position of jeopardy 21 that I don't care to personally see the City be placed in. 22 This meeting is an attempt on my part, one, to follow 23 the resolution No. 365 in its steps and also to try to 24 resolve the so- called litigation before it goes to 25 arbitration. Merritt G. Dyer, Court Reporter 3 1 What is the Council's pleasure? 2 I might add that if the Council denies this 3 private hearing request, Executive Session request, I, 4 as Equal Opportunity Officer for the City, will have to 5 conclude that we go straight to arbitration, that the 6 Council doesn't want to hear this or consider the aspects 7 of a proposal to settle. 8 MRS. HARRIS: To reiterate my previous comments: 9 furthermore we have all got a copy of what was given to 10 us by the "Equal Opportunity Officer." It is dictated to 11 us in the form of a recommendation. There has been no 12 attempt to negotiate or to meet. We were just told. 13 MAYOR TODD: Would you care to read the letter 14 into the record? 15 MRS. HARRIS: It's a matter of record already. 16 It's in the file. 17 MAYOR TODD: Well, 1 think the public should have 18 the right to determine 19 MRS. HARRIS: Mr. Chairman, please don't interrupt 20 me while 1 am speaking. And will the Chair please 21 confine itself to presiding to the meeting and not take 22 a partisan effort. 23 MAYOR TODD: 1 pass the gavel to the President of 24 the Council because I want to offer rebuttal to your 25 remarks. Merritt G. Dyer, Court Reporter 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MRS. HARRIS: I am still speaking, Mr. Mayor. I don't care to get into an argument really. But, Council Members, we should have a session, yes, but not under these conditions. It should be a separate and apart from a regular Council meeting. It can be set up, it can be scheduled, according to the resolution adopted in 1973. And I have no objection to that. I do, however, during the regular Council meeting. MR. TRAYNOR: Are you through, Mrs. Harris? MRS. HARRIS: Yes. MAYOR TODD: You have the motion before you. I have turned the gavel over to you. You handle it. I am sitting here now as Equal Opportunity Officer, or whatever you call it. MR. TRAYNOR: Is there any more discussion on the motion? MR. STERLING: I would like to review the resolution establishing the E.E.O. officer. Could we refer to the establishment of the E.E.O. officer in the resolution? MAYOR TODD: Are you asking me or the Chairman? MR. STERLING: Yes. MAYOR TODD: What do you want to know about it? MR. STERLING: As I recall it, it calls for the Mayor to appoint the E.E.O. officer, right? Merritt G. Dyer, Court Reporter 5 1 MAYOR TODD: That's correct. And we had an 2 appointment of an E.E.O. officer who left the employ of 3 the City and I failed to appoint a replacement. I 4 appointed myself. I think I can be as fair and unbiased 5 as anybody in this case and I intend to be that way. 6 This resolution 364 and 365, as I recall, set up 7 the machinery for the Equal Opportunity Board and the 8 procedures to follow in case of a grievance. 9 MR. TRAYNOR: Is there any more discussion on the 10 motion? 11 MR. SAUL: Question. 12 MR. TRAYNOR: The question has been called for. 13 All those in favor signify by saying Aye. 14 MR. TRAYNOR: All those opposed? 15 May we have a roll call, Miss Clerk, please? 16 THE CLERK: Gardner? 17 MR. GARDNER: No. 18 THE CLERK: Sterling? 19 MR. STERLING: No. 20 THE CLERK: Harris? 21 MRS. HARRIS: (No response). 22 THE CLERK: Traynor? 23 MR. TRAYNOR: Yes. 24 THE CLERK: Harris? 25 MRS. HARRIS: No. Merritt G. Dyer, Court Reporter 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CLERK: Saul? MR. SAUL: Yes. MR. TRAYNOR: It's three to two. I return the gavel and we can go on to the next agenda. MR. STERLING: I would request that we make a motion to set the date tonight at this meeting. MAYOR TODD: Well, is that a motion now? MR. STERLING: Well, I don't have a certain date in mind, but I would like to have us discuss this tonight and set a date for it so that these people know that the: do have a meeting coming up with us. MAYOR TODD: Well, Mr. Sterling, if I may, with the Council's permission, speak to you at that issue. The regular agenda meeting scheduled by Council ordinance was held Thursday evening. There were two Council Membe: present. This agenda, in the absence of a Council meetii ed to fix an agenda, fix /this as the meeting date, time and schedule for this meeting. Now, these grievants are here, they have an attorney in the audience, they are ready to talk turkey. All I am saying is that it might further erode the City': case by these asinine delays. MR. STERLING: I further suggest that the Council set a night to have this discussion, and I would hope we Merritt G. Dyer, Court Reporter 7 1 could set it tonight, set the date for this. 2 MR, SAUL: How about next Monday night, then? 3 MR. STERLING: Is that okay? How is the agenda 4 Monday night, then? Okay, which is what? 5 MR. SAUL: The 10th. 6 MR. STERLING: I would make a motion that we set 7 7:30 on February the 10th as our Executive Session on 8 employee grievances. 9 MAYOR TODD: All right, you heard the motion. 10 Is there a second? 11 MR. SAUL: Second. 12 MAYOR TODD: Is there any discussion on the motion? 13 MR. LONG: Mr. Mayor, I don't know w1 it would 14 be appropriate for I would like to ask Mr. Sterling if 15 the Council could discuss and agree so that everybody is 16 crystal clear on who is allowed at the Executive Session 17 on February 10? 18 MAYOR TODD: Good point. 19 MR. LONG: I would think that that should be 20 known. 21 MR. STERLING: I defer to you, Skip, on that as 22 the President. 23 MR. TRAYNOR: If we follow the dialogue that Mrs. 24 Harris has suggested, it would just be the Council itself. 25 MRS. HARRIS: And the attorneys. Merritt G. Dyer, Court Reporter 8 1 MR„ TRAYNOR: Which attorneys? All attorneys 2 concerned? 3 MRS. HARRIS: And their attorneys, if they desire. 4 It's all right with me. 5 I am going to make a further motion. I wouldn't 6 mind having the attorneys there if they want to be there. 7 MAYOR TODD: Mrs. Harris, would you mind the 8 Court Reporter, sitting here waiting for this session to 9 convene, being here at the meeting on the 10th? 10 MRS. HARRIS: Mr. Mayor, may we vote on Mr. 11 Sterling's motion and then consider Mr. Long's suggestion 12 and get the motion out of the way? 13 MAYOR TODD: All right. All in favor of the 14 meeting to be held February 10 signify by saying Aye. 15 Opposed? 16 (The motion carried unanimously.) 17 MAYOR TODD: Now, do you have an answer for Mr. 18 Long? 19 MR., TRAYNOR: I do not have ar} answer for him, 20 maybe one of the other Council Members does. 21 MAYOR TODD: Is it my understanding that attorneys 22 can be here, but the people they represent cannot be? Is 23 that what you are saying? 24 MRS. HARRIS: That isn't what I said. 25 MAYOR TODD: I haven't heard you mention the four Merritt G. Dyer, Court Reporter 9 1 grievants and I am requesting to know whether they are 2 allowed to be present. 3 MR. STERLING: the employee grievances. 4 MAYOR TODD: Yes. The four employees are okay to 5 be here, the Court Reporter is okay for the record, the 6 attorneys are okay and 7 MR. LONG: I would like to have my staff person. 8 MRS. HARRIS: Wait a minute, Mr. Mayor. I don't 9 remember everything that was in that resolution, but there 10 is supposed to be a meeting of the "Equal Opportunity 11 Officer" with the people the grievance is filed against, 12 and then the next step is taken. I think it is too 13 premature at this time for Council to meet with the 14 people who are bringing the grievance against Council. 15 I would like to study that resolution more, I would like 16 to know more what we are doing, before we get into things 17 too deep to where we can't get out. 18 MAYOR TODD: The next step prior to the final step 19 in the grievance proceeding is that the Council body, 20 the legislative body, have an opportunity to hear the 21 facts and consider a settlement. If it can't be settled 22 at the Council level, why, then we go on with the Hearing 23 Board that was set up two weeks ago. From there the 24 Board of Arbitration's decision the way I read the 25 resolution is final and binding. And there is a way Merritt G. Dyer, Court Reporter 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to force compliance, that being either with the Attorney General or the Superior Court. You have set a meeting date and it gives you a week to consider all the facts that you are looking for. And I think it is appropriate that we proceed with what is planned here, apparently to most of the Council's satisfaction. MRS. HARRIS: Mr. Mayor, I would like to move that the firm of LeSourd, Fleming, Patten Hartung be appointed this evening, as a special case, to advise the City Council of Tukwila in the matter of the employee grievance against the City of Tukwila. MR. STERLING: Second, MAYOR TODD: Did everybody hear the motion? Did all members of the Council hear the motion? MR. SAUL: I would like to ask a question. Is not our City Attorney he hasn't been involved in this? Has he or has he not? He is not representing the people, is that true? MAYOR TODD: It's true that he's not representing the people as far as I know. It would be news to me if he was. MR. LONG: It would be news to me if he was, too. MAYOR TODD: I understood that Alva Long was the representative of the people. Merritt G. Dyer, Court Reporter 11 1 MRS. HARRIS: May I answer Mr. Sauls' question? 2 MAYOR TODD: If he addressed the question to you, 3 you may answer it. 4 MRS. HARRIS: How did you address the question, Mr. 5 Saul? 6 MR. SAUL: I was wondering why I thought that 7 our City Attorney was involved in this somehow, and if, 8 in fact, he was then we should have legal help to the 9 Council. But I think if he wasn't involved in it, that 10 he should be our legal counsel. And I wondered why you 11 differed with that, if he hasn't been involved in it, 12 you know. 13 MRS. HARRIS: May I go ahead? Is it all right, 14 Mr. Chairman? 15 MAYOR TODD: Go ahead. 16 MRS. HARRIS: Mr. Parker has, of course, received 17 copies of everything that has been made up, all the 18 paperwork that has been submitted on this subject. He 19 has been suggested as legal consultant to the Grievance 20 Committee. Furthermore I think that Mr. Parker has very 21 clearly prejudiced himself and cannot act in an unbiased 22 position by virtue of the fact of his letter where he did 23 not approve, as to form, the budget for 1975. In fact, 24 therein he discussed discrimination, among several other 25 things. So I don't think that he can take a completely Merritt G. Dyer, Court Reporter 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 neutral position in this. This is why I requested an outside firm. MAYOR TODD: We are still in the discussion stage, are we not? May I address a question to Mr. Parker? Mr. Parker, are you requesting help or assistance of any kind with regard to the processing of this grievance? MR. PARKER: No, I intend to be here and perform my function as City Attorney. MAYOR TODD: Thank you. MR. TRAYNOR: Mr. Mayor, I was hoping that the City Attorney well, in fact, he is getting paid by the City will represent the City. So I feel that, us being his client, he should represent us and that is what he is getting paid to do. I see no need for another attorney. MAYOR TODD: Any other remarks from the Council? There is a hand up out in the audience. MRS. MOORE: Who is paying for all this, all these attorneys? MAYOR TODD: I think that remains to be seen, Nancy. MRS. McLESTER: I was here the night that Mr. Parker read his little statement as to the discrimination involved, et cetera, and I feel very strongly that he presented the exact picture to these employees as to how Merritt G. Dyer, Court Reporter 13 1 he wished them to proceed. And I absolutely agree with 2 Mrs. Harris. You definitely need outside competent 3 legal assistance in this case. 4 MAYOR TODD: Thank you for your kind remarks. Will 5 you state your name and address for the record. And 6 Nancy, I forgot to ask you to do that. 7 MRS. McLESTER: Eleanor McLester, 5118 South 165th. 8 MRS. MOORE: I did state it. 9 MR. SAUL: I would like to expand on Nancy's 10 question, the legal services so far. If they lose they 11 pay for it, if we lose we pay for it, is that the way it 12 works? I don't know. 13 MR. LONG: No. 14 MR. SAUL: No? 15 MRS. MOORE: What I meant is who was paying for 16 we have the City Attorney that the taxpayers are paying 17 now, and then we've got more attorneys coming in. Who 18 is paying for all these other City Attorneys, or whatever i9 their names are? 20 MAYOR TODD: We have a motion. Is there further 21 discussion? If not, the question on the motion, the 22 motion being to hire a law firm to represent the City? 23 MR. STERLING: The City or the Council? 24 MAYOR TODD: Well, it's the City of Tukwila that 25 would be represented. Merritt G. Dyer, Court Reporter 14 1 MRS. HARRIS: That was not my motion, Mr. Todd. 2 Please read the motion back. 3 MAYOR TODD: If that's the case, I think the motion 4 is out of order, because the taxpayers don't pay to 5 represent the Council 6 MRS. HARRIS: Mr. Mayor, that is not the Chair's 7 responsibility to take partisan comments. Now, please 8 abide by the rules. 9 MAYOR TODD: That wasn't a partisan comment, that 10 was a casual observation. 11 MRS. HARRIS: May we have the motion read back? 12 MAYOR TODD: The taxpayers can't be advised to pay 13 a legal 14 MRS. HARRIS: Mr. Mayor, you are out of order. 15 Please stop it. 16 MAYOR TODD: You are out of order. 17 Please repeat her motion. 18 THE CLERK: That the law firm as stated I don't 19 have it officially be appointed tq represent the 20 Council on this grievance. 21 MRS. HARRIS; That wasn't the complete motion. 22 MAYOR TODD: That was the motion. 23 MRS. HARRIS: That was not the complete motion. 24 MAYOR TODD: Restate your motion then if you are 25 not satisfied with that one. 15 Merritt G. Dyer, Court Reporter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COURT REPORTER: I can read it back if you wish. MRS. HARRIS: Do you have it? (The motion was read back by the Court Reporter as follows: "I would like to move that the firm. of LeSourd, Fleming, Patten Hartung be appointed this evening, as a special case, to advise the City Council of Tukwila in the matter of the employee grievance against the City of Tukwila. MAYOR TODD: All right, does that satisfy your position? MRS. HARRIS: Yes, its very clear it is to advise the City Council. MAYOR TODD: All right, I heard it well. Did everybody else hear the motion? And if so, are you ready for the question? MR. STERLING: Question. MAYOR TODD: Your position statement of necessity will be by roll call vote. How do you vote, Mr. Gardner? MR. GARDNER: Yes. MAYOR TODD: Mr. Sterling? MR. STERLING: Yes. MAYOR TODD: Mr. Traynor? Merritt G. Dyer, Court Reporter 16 1 2 3 4 5 6 7 8 9 10 1 1 12 13 City Council, the City Attorney and a special representative 14 of some law firm that they just hired. 15 MR. LONG: What about my staff person? 16 MR. TRAYNOR: No. MAYOR TODD: Mrs. Harris? MRS. HARRIS: Yes. MAYOR TODD: Mr. Saul? MR. SAUL: No. MAYOR TODD: Thank you. So the recap has been established February loth at 7:30 in the evening' at this City Hall. There will be a special meeting to discuss this grievance. MR. LONG: And those allowed to be present? MAYOR TODD: It is my understanding those allowed to be' present are the grievants, their attorneys, the MAYOR TODD: I see nothing wrong with you bringing 17 a staff person, Mr. Long. What is the Council's wish? 18 MR. LONG: 1 want to point out to the Council that 19 this is a rather the issues are simple 20 MAYOR TODD: Correct. 21 MR. LONG: but the figures may be complex. I 22 mean like the issues are whether or not there is 23 compliance, and if there isn't, why, then what happens 24 next? And cost the City probably a couple million dollars 25 if they lose. Merritt G. Dyer, Court Reporter 17 1 MAYOR TODD: Make sure that's in writing. 2 MR. LONG: By losing your match money. 3 MAYOR TODD: Well, there seems to be some problem 4 with understanding, you know, the jeopardy the City 5 actually is in,. I agree with you. 6 MR. LONG: I don't think the jeopardy of the City 7 exceeds two million dollars, I don't know, maybe 2.5, 8 something like that. So it's not really an important 9 question, but I would like to have somebody who has gone 10 over the figures with me so that we can share. 11 MAYOR TODD: Does the Council feel that there is 12 any prohibition against Alva bringing an assistant, staff? 13 MR. STERLING: I see nothing wrong with a staff of 14 his being there. 15 MRS. HARRIS: Mr. Mayor, I am going to have to 16 record an objection at this point until we, the Council, 17 confer with our attorney to see whether or not all these 18 people need to be present at this initial meeting. 19 Furthermore, I object to the City Attorney being 20 there. I object to the staff member there threatening 21 us for loss of funds and things and that. I think that 22 we need to find out exactly where we stand and that our 23 rights are protected and that things are being done 24 correctly before we make a commitment. 25 If these people want to show up next Monday night, Merritt G. Dyer, Court Reporter 18 1 we will tell them then perhaps, if we decide to allow all 2 these people. But right now I am fighting to not let the 3 Council be at a disadvantage at anytime. 4 MAYOR TODD: Mrs. Harris, I think the Council this 5 evening has placed the grievants and their representatives 6 at a considerable disadvantage by agreeing to hold the 7 meeting tonight inasmuch as they were absent from the 8 Agenda Meeting Thursday night, at which time they could 9 have told these people, "No, it's not on the agenda." 10 MRS. HARRIS: Mr. Todd, it's not your place to 11 make that comment. You are the Presiding Officer of this 12 meeting. 13 MAYOR TODD: Well, I've made it and I hope the 14 minutes so reflect. 15 MRS. HARRIS: This is for the Council to discuss, 16 rte'. Mayor. This is the Council's business. Right now 17 you are the Presiding Officer of the meeting. 18 MAYOR TODD: The Chair rules you out of order, 19 Mrs. Harris. 20 We will continue with the agenda. 21 MRS. HARRIS: Now, I appeal the Chair's rule. I 22 call for a vote. 23 MAYOR TODD: Well, you can sit here and talk all 24 night if you would like. But the decisions have all been 25 officially made on the record as to what this Council Merritt G. Dyer, Court Reporter 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 intends to do next Monday night. MRS. HARRIS: No, sir. I called for a vote on appealing the ruling of the Chair. May we have a roll call vote, please? THE CLERK: Gardner? MR. GARDNER: (No response.) MRS. HARRIS: Does everybody understand the ruling? A COUNCIL MEMBER: No, I would like a clarification on it. MAYOR TODD: You, Ma'am, have called for the vote. Your conversation at this table has terminated until the vote is taken. The City Clerk has it in her hand to call for the question. Miss Clerk, please continue. MRS. HARRIS: I would like the Clerk to read it back. I appealed the motion of the Chair to rule me out of order. I think every Council Member here has a right to rehear it. THE CLERK: My record does not reflect, I'm afraid, what has transpired. It has been confusing. May I ask if the Court Reporter has anything? COURT REPORTER: I am not sure what you want read back. I don't know what to look for. MRS. HARRIS: Well, I remember, if that would be of any assistance. Merritt G. Dyer, Court Reporter 20 2 3 4 5 6 7 MRS. HARRIS: To at this time making a definite 8 commitment on who is going to be present next Monday night 9 during our Executive Session. We don't know at this time 10 whether or not all these people should be there. I think 11 12 13 14 15 16 17 terrible disadvantage, Council Members. And this is what 18 19 20 21 1 MAYOR TODD: The Chair yields to Mrs. Harris if she wishes to reiterate to the Council whatever she is trying to do here, and I would be interested in knowing myself. So, Mrs. Harris, please tell us. MRS HARRIS: I had stated an objection. MAYOR TODD: To gnat? we should wait until we confer with our attorney and seek his guidance before we make a commitment. I also resent, yes, resent, the fact that already we are starting off with a threat that we can possibly lose X dollars. Now, if we are going to face that in a closed session Monday night, we are going to be at a I am protesting this evening, and why I am sticking to my guns on it. Let's confer with our attorney first. MAYOR TODD: Mrs. Harris, the Chair ruled you out of order because the Council officially voted on two 22 subjects: one, who they would allow to attend the meeting 23 and two, when and where it was going to take place. All 24 of this conversation is after the fact. 25 MRS. HARRIS: No, sir, the Council did not vote on Merritt G. Dyer, Court Reporter 21 who was going to attend that meeting. That was deferred until after we set the meeting date and the appointment of our attorney. MAYOR TODD: It was my understanding that it was clearly understood who could be here. MRS. HARRIS: No, it was not. That was what was under discussion, and that is why I raised my objection. There was no vote on it, there was not even a motion made. So I then the Chair ruled me out of order. I appealed the ruling of the Chair and called for vote on it, but I will withdraw it now because I've said what I've wanted to say. MAYOR TODD: Well, if it wasn't answered, it should be. Who can be here? I took the position that, given the fact that nobody on the Council other than two people showed up for the Agenda Meeting, that what was on the agenda was fixed on the agenda and the meeting would be held tonight. And that therefore is why all these people are in attendance. There is a lady back here from N.O.W., there is a court reporter sitting here, there is an attorney there and all the grievants are here. And I expected that general rule would accommodate these people inasmuch as there was nobody here on the Council Thursday night, including you, to rule against it. So please determine for the record who you are Merritt G. Dyer, Court Reporter 22 1 going to allow to be here so that we can proceed. 2 1R. SAUL: Could I answer something first? 3 MAYOR TODD: Yes. 4 MR. SAUL: Two things have occurred here tonight 5 I am trying to look at it objectively the Council did 6 appoint a lawyer and it seems like if they did appoint a 7 lawyer, that they ought to have at least the opportunity 8 to talk to that lawyer and, say, by Tuesday, notify 9 everybody involved what should be done. I mean we can 10 argue all night and say everybody is wrong, but this is 11 what occurred. And in order for the Council now to be 12 able to say how many people, if it's an Executive Meeting. 13 I have never been to an Executive Meeting where there has 14 been 20 people before. We might as well have an open 15 meeting. Why have it Executive? But I think now the 16 Council has taken this step, I think the Council ought to 17 find out and report back by Tuesday to the Administration 18 so they can notify everybody. 19 MR. STERLING: Tomorrow you mean? 20 MR. SAUL: Oh, Wednesday I guess two days 21 to notify everybody. It isn't fair for them to show up 22 Monday wondering whether they are coming or not. And it's 23 not fair to the Council, seeing that they did hire this 24 lawyer. So it seems like, Mr. Mayor, that the Council 25 ought to set a date of Wednesday and notify everybody then. Merritt G. Dyer, Court Reporter 23 MAYOR TODD: It's up to the Council. They can 2 set a meeting now officially, and if you want to rescind 3 that and start over, why, fine. 4 MR. SAUL: I don't think they need to set a 5 meeting. I think all they have to do is whoever is going 6 to go to the lawyer and find out what his advice is, if, 7 in fact, they are hiring a lawyer. 8 MAYOR TODD: That is certainly, you know, what the 9 Council must do. They must determine something. I can't 10 make up your minds for you, obviously. 11 MR. TRAYNOR: Mr. Mayor, I would like to make a 12 suggestion that the first item of business of that 13 Executive Session is confer with our attorney, and at 14 that point determine who should be here and not. And the 15 second item on the agenda for the Executive Session would 16 be to have all those concerned, where our attorney 17 recommends, into the meeting. In other words, at 7:30 18 when we go into the Executive Session it would just be 19 the Council and their attorney. That would be the first 20 step. That is the only suggestion I can make. 21 MR. SAUL: Starting the meeting at 7:00, then? 22 MR. TRAYNOR: No, 7:30. At 7:30, that is when 23 we will confer with our attorney. 24 MR. SAUL: If that's a motion, I'll second it. 25 MAYOR TODD: I didn't hear the motion stated, so I Merritt G. Dyer, Court Reporter 24 i want to make a remark on the record that 1 object to the 2 Council attaching the use of taxpayers dollars to an 3 offshore attorney. And I would certainly object to any 4 attorney being in on this grievance proceeding other than 5 the City Attorney. And 1 advise the Council that 6 incurring indebtedness for the taxpayers for a second 7 law firm to be involved in this grievance, that in my 8 opinion can be very easily resolved, amounts to something 9 undesireable in my opinion. I will object to an Executive 10 Session being called excluding the newly appointed and 11 recognized attorney of record for the City of Tukwila, 12 Wayne Parker. 13 THE CLERK: Mr, Mayor, at this time I would 14 appreciate the Council considering a recess, as there are 15 things that we need to discuss with our attorney at this 16 time before the matter goes further. 17 MR. STERLING: I make a motion we have a 10- minute 18 recess. 19 MAYOR TODD: Thank you. Is there a second? 20 MR. GARDNER: Second. 21 MAYOR TODD: All in favor signify by saying Aye. 22 (The motion passed unanimously.) 23 (A recess was taken.) 24 MAYOR TODD: Weare going to convene the meeting, 25 Mrs. Harris, and you go ahead and offer your rebuttal.. Merritt G. Dyer, Court Reporter 25 1 MRS. HARRIS: Yes, I will. 2 MAYOR TODD: My remarks were made off the record. 3 MRS. HARRIS: Then I will make my remarks off the 4 record. 5 MAYOR TODD: No, we are on the record. 6 MRS. HARRIS: No, sir. 7 MAYOR TODD: We are in recess. 8 MRS. HARRIS: Fine. 9 MAYOR TODD: Go ahead, say what you want. 10 MRS. HARRIS: It takes a vote of at least four 11 Council Members to pass a resolution, an ordinance, a 12 directive, or an order of the Council. That does not 13 include motions of the Council. There must be a quorum 14 of the Council present to conduct business. Of that 15 quorum present here tonight, a majority of a quorum passed 16 a motion. That is legal and appropriate. 17 MAYOR TODD: Mrs. Harris, I hand you a cover sheet 18 approving all the bills tonight. There are four 19 signatures on it. If there were three, could the bills 20 be paid? 21 MRS. HARRIS: I'm not going to answer that. It 22 has nothing to do with the statement that you made. 23 MAYOR TODD: The question speaks for itself then, 24 doesn't it? 25 Where were we? Merritt G. Dyer, Court Reporter 26 1 MR. STERLING: Could I ask Mr. Parker his opinions 2 on that same subject, the same discussion we just had 3 here? 4 MR. PARKER: I think if you go down and hire this 5 lawyer you had better be prepared to pay him out of your 6 own pocket. 7 MAYOR TODD: Make sure that's in the record. 8 Mr. Council President Traynor? 9 MR. TRAYNOR: Mr. Mayor, I would like to make a 10 motion that we go on to Item 8a on the agenda. 11 MAYOR TODD: Thank you. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Merritt G. Dyer, Court Reporter 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN RE: ITEM 7.a. on AGENDA 7. EXECUTIVE SESSION a. EMPLOYEE GRIEVANCE TUKWILA CITY COUNCIL MEETING I, Diane Attleson, hereby certify that I am a qualified and experienced shorthand reporter; that I reported in shorthand the hearing in the above-entitled case, held on February 3, 1975, before Frank Todd, Mayor; that I subsequently caused my said shorthand notes to be reduced to typewriting; and that the foregoing and hereto attached 27 pages of typewritten matter, numbered from 1 to 27, inclusive, constitute a full, true, and accurate transcript of the questions asked, answers given, and other oral proceedings had at said hearing, so taken by me in shorthand as aforesaid, and of the whole thereof. Dated at Seattle, Washington, this loth day of February, 1975. Reporter. Merritt G. Dyer, Court Reporter 28