HomeMy WebLinkAbout1974-09-16 Regular MinutesSeptember 16, 1974
8:00 P.M.
FLAG SALUTE AND
CALL TO ORDER
ROLL CALL OF
COUNCIL MEMBERS
MINUTE APPROVAL
ORDINANCES AND RESOLUTIONS
Ord. #884,
Transferring funds
to upgrade and
rewire City Hall
Ord. #885,
Accepting donations
for Fire Dept. aid
car
Proposed ordinance
Amending Title 18 of
T.M.C. re: Board of
Adjustment
Ord. #886,
Amending Budget
Ord. #830 re:
Federal Revenue
Sharing funds
TUKWILA CITY COUNCIL Tukwila City Hall
REGULAR MEETING Council Chambers
M I N U T E S
F67
Mayor Todd led the Pledge of Allegiance and called the
meeting of the Tukwila City Council to order.
GARDNER, STERLING, TRAYNOR, DAVIS, HARRIS, JOHANSON.
MOVED BY TRAYNOR, SECONDED BY STERLING, TO EXCUSE
COUNCILMAN SAUL. CARRIED.
MOVED BY JOHANSON, SECONDED BY STERLING, TO APPROVE
THE MINUTES OF THE AUGUST 28, 1974 SPECIAL MEETING.*
MOVED BY JOHANSON, SECONDED BY HARRIS, TO EXCUSE
COUNCILMAN TRAYNOR FROM VOTING. CARRIED. MOVED BY
DAVIS, SECONDED BY STERLING, TO EXCUSE COUNCILWOMAN
DAVIS FROM VOTING. CARRIED. *CARRIED.
Mayor Todd stated the informal bids have been received
and all are under $5,000. MOVED BY TRAYNOR, SECONDED
BY DAVIS, THAT PROPOSED ORDINANCE BE READ. CARRIED.
Attorney Parker read proposed ordinance transferring
funds from the Contingency Fund to the Current Fund to
upgrade and rewire the City Hall Building. MOVED BY
STERLING, SECONDED BY DAVIS, THAT ORD. #884 BE ADOPTED
AS READ. CARRIED.
MOVED BY JOHANSON, SECONDED BY TRAYNOR, THAT PROPOSED
ORDINANCE BE READ. CARRIED. Attorney Parker read
proposed ordinance accepting donations for the Fire
Department aid car. MOVED BY JOHANSON, SECONDED BY
DAVIS, THAT ORD. #885 BE ADOPTED AS READ. CARRIED.
Mayor Todd stated these donations were given by the
family in memory of the lady who died at Southcenter;
the Firemen with their CPR training tried in vain to
save her life.
MOVED BY STERLING, SECONDED BY DAVIS, THAT PROPOSED
ORDINANCE BE READ. CARRIED. Attorney Parker read
proposed ordinance amending Title 18 of the Tukwila
Municipal Code granting to the Board of Adjustment
certain functions which have previously been performed
by the Planning Commission. Mayor Todd read a letter
from Gary Kucinski, Planning Director, dated September
16 explaining the ordinance briefly and the previous
action taken. Attorney Parker stated this proposed
ordinance was prepared some time back and there may be
a conflict in its present form with the reduced parking
requirements in the CPR zone ordinance passed by the
Council recently. MOVED BY TRAYNOR, SECONDED BY
STERLING, TO TABLE TO THE NEXT MEETING. CARRIED.
MOVED BY TRAYNOR, SECONDED BT STERLING, THAT PROPOSED
ORDINANCE BE READ. CARRIED. Attorney Parker read
proposed ordinance amending 1974 Budget Ordinance #830
by appropriating Federal Revenue Sharing Funds into
the Federal Revenue Sharing expenditure and revenue
accounts. MOVED BY STERLING, SECONDED BY TRAYNOR,
THAT ORD. #886 BE ADOPTED AS READ.* Councilman Johan-
son asked about the $44,000. City Clerk Shirlee Kinney
explained that this amount is approximately half of the
revenue from Revenue Sharing to be received by the City
for the year July, 1974 to June, 1975. We have not
received the money yet; this ordinance appropriates
the funds to an account when it is received which
should be at any time now. She stated she checked
with a representative of the State Auditor's office
and was informed this was the proper procedure. Coun-
cilwoman Harris asked for further identification of
the accounts. City Clerk Shirlee Kinney stated approx-
imately $3,000 was appropriated by the Council for the
Civil Defense communications systems and $20,000 for
the Marine Safety Division. The remainder for 1974
would be the difference to appropriate in this ordi-
nance. She stated the $88,000 reflected in the 1974
TUKWILA CITY COUNCIL MEETING
September 16, 1974
Page 2
ORDINANCES AND RESOLUTIONS Cont.
Ord. #886 Cont.
was the 1973 -74 allotment of which some had been assign-
ed for the bus and for the City Shop. Councilman
Sterling asked why only half was being appropriated
at this time. Shirlee Kinney stated we handle this
half because we have been assured that approximately
$44,000 will be received by the City through December
of this year. The Federal government is on a differ-
ent fiscal year than the City is. Councilman Sterling
stated he understood then that this does not say how we
are going to spend the money, but that it just approp-
riates the other half into a fund so that the money is
available to spend. Shirlee Kinney stated this is
correct. She stated it is a bookkeeping step to get
the money on the records. Discussion followed on the
designation of the account numbers as presented in the
ordinance which are not reflected in the 1974 Budget
book but which are established accounts at this time.
This account appeared in current records after a sugg-
estion was made by the State Auditor's office to set
up a separate caption for expending Federal Revenue
Sharing funds, which is account #199/519.80.41. Coun-
cilwoman Harris stated she would like a clarification
of the information she received last week that the
Current Fund was $7,000 in the hole and there was an
existing $25,000 in the Federal Revenue Sharing Invest-
ment Fund. Apparently the Current Fund for Federal
Revenue monies had been "overdrawn" prior to the Coun-
cil passing an ordinance expending $20,000 for the
Marine Safety Division and the Council had not been
aware that the $3,000 spent for emergency communica-
tions would overdraw the account in addition to what it
had already been overdrawn by payment for the bus.
She stated she discussed this with the City Treasurer
and was informed there is no problem in transferring
the Investment Fund to the Current Fund. She stated
she questioned the need to pre- determine the incoming
Federal Revenue Sharing funds. When the allotment is
received, it could be accepted by proper recognition
and placed in the funds. Mayor Todd stated this is
the same accounting procedure that is used for the
real estate tax revenue, the gas tax revenue, liquor
tax revenue, etc. All of these are estimated revenues
which must be included in the Budget Ordinance prior
to the Budget Year as required by State law. Council-
man Johanson asked if we are then spending more than
we receive. Are we drawing "red warrants Shirlee
Kinney replied no, the City is not issuing red warrants.
She stated the money appropriated by the Council for
the difference programs discussed previously has not
been expended from the funds yet. The funds will only
reflect a shortage if the transfers by ordinance are
posted right away. Councilman Sterling explained the
investment of the Federal Revenue Sharing by the City
Treasurer until the time it is appropriated by the
Council. The problem at this time is that these pay-
ments came back to back for the bus when some of the
funds were invested on thirty days call. Shirlee
Kinney stated the next entitlement should arrive any
day to cover the anticipated expenditures. Councilman
Sterling stated the Council should inform the Treas-
urer about anticipated expenditures just as the Depart-
ment heads do. Councilwoman Harris stated when the
Council by ordinance appropriated funds out of the
current operating fund from Federal Revenue Sharing, it
transferred it to a departmental fund so that left the
Revenue Sharing current fund in the hole before we
passed the $20,000 Marine Safety Ordinance in the
amount of $7,000. The fund is now $27,000 in the red.
There is at this time $25,000 invested which after
Highline water district intertie
Water district 75 intertie
Water district #75 intertie
TUKWILA CITY COUNCIL MEETING
September 16, 1974
Page 3
ORDINANCES AND RESOLUTIONS Cont.
Ord. #886 Cont.
Proposed resolution
Authorizing execution
of water supply
agreement with
M. A. Segale
CORRESPONDENCE AND CURRENT BUSINESS
being transferred would still leave the current opera-
ting fund in the red by $2,000. She stated the Council
was not advised that we might be taking more out than
what we had on hand at the time. This $44,000 has been
anticipated in the 1974 Budget so why does the Council
need to be specific with it now? Mayor Todd stated
this procedure by ordinance was recommended by the
State Auditor. Councilman Sterling stated a letter of
explanation would have been helpful on this ordinance.
Councilwoman Davis requested an explanation sheet of
the activity in the Federal Revenue Sharing funds.
City Clerk Shirlee Kinney stated that information can
be found in the Council's copy of the monthly budget-
ary and financial reports which are on file in a book
in the Accounting Office. She stated she and the City
Treasurer would be happy to sit down and review the
information with anyone. Councilwoman Davis stated
she would like a separate report on the Federal Revenue
Sharing from the time the first payment was received.
City Clerk Shirlee Kinney stated she would get together
with Mae Harris, City Treasurer, and compile this re-
port and stated it would take some time. *CARRIED,
WITH HARRIS AND JOHANSON VOTING NO.
MOVED BY TRAYNOR, SECONDED BY GARDNER, THAT PROPOSED
RESOLUTION BE READ. CARRIED. Attorney Parker read
proposed resolution authorizing execution of a water
supply agreement with Mario A. Segale. MOVED BY
TRAYNOR, SECONDED BY GARDNER, THAT PROPOSED RESOLUTION
BE ADOPTED AS READ.* Councilman Johanson asked if
this line ties into the hookup with Water District #75.
Steve Hall, Public Works Director, stated this agree-
ment will guarantee the City that intertie. Council-
man Sterling asked if it would become the property of
the City of Tukwila. Mayor Todd replied W.D. #75 has
jurisdiction and he stated this agreement will guaran-
tee the City an alternate hook up in the Referendum
#27 grant application to an extra supply of water.
Mr. Chris Crumbaugh, representing Mr. Segale, stated
that Mr. Segale is out of town and has not yet read
the agreement. Mayor Todd stated he had met with Mr.
Segale and Steve Hall at which time Mr. Segale had
agreed informally to the agreement. Steve Hall con-
curred. Councilwoman Harris stated she would rather
have Mr. Segale's signature on the agreement before it
is approve. Steve Hall stated it is the intent of the
resolution to authorize the Mayor to enter into the
agreement. *ROLL CALL VOTE: 4 NOS GARDNER, HARRIS,
DAVIS, STERLING; 2 AYES JOHANSON, TRAYNOR. MOTION
FAILED. MOVED BY STERLING, SECONDED BY DAVIS, TO
TABLE TO. NEXT WEEK. CARRIED.
MOVED BY TRAYNOR, SECONDED BY DAVIS, TO AMEND THE
AGENDA TO INCLUDE A LETTER FROM JACK LEWIS. CARRIED.
Councilman Traynor read a letter from Jack A. Lewis
requesting an Executive Session of the Council to dis-
cuss his termination.
EXECUTIVE SESSION MOVED BY STERLING, SECONDED BY DAVIS, TO ADJOURN THE
9:15 P.M. 10:25 P.M. MEETING INTO COUNCIL EXECUTIVE SESSION FOR THE PURPOSE
OF REVIEWING A PERSONNEL MATTER. CARRIED. Mayor Todd
excused the members of the audience, and the Council
met in Executive Session. Mayor Todd called the meet-
ing back to order with all Council Members present as
previously listed. Mayor Todd stated the Executive
Session just completed was completed without the pre-
sence of the Mayor on demand of the City Council.
Councilwoman Davis requested an Executive Session be
placed on the agenda for next Monday's meeting for dis-
cussion with the Mayor, City Clerk and Mr. Lewis.
TUKWILA CITY COUNCIL MEETING
September 16, 1974
Page 4
CORRESPONDENCE AND CURRENT BUSINESS Cont.
Steve Hall Letter
re: Transfer of
funds for rehabilita-
tion of water line
at Newton Bridge
Discussion Advisory
ballot on gambling
Mayor Todd Letter
re: Ord. #882, Marine
Safety Division
7o
Mayor Todd read a letter from Steve Hall, Public Works
Director, requesting a transfer of funds to cover re-
habilitation of a water line across the Lois T. Newton
Bridge. MOVED BY TRAYNOR, SECONDED BY GARDNER, THAT
AN ORDINANCE TRANSFERRING FUNDS BE DRAFTED AND PRESENT-
ED TO THE COUNCIL AT THE NEXT MEETING. CARRIED.
Councilman Traynor read a letter from Councilman Saul
dated September 13, 1974 stating that Tukwila voters
will be voting on the King County advisory ballot on
September 17 primary ballot. He requested this sub-
ject be presented on next week's agenda. Councilwoman
Harris stated this advisory ballot will give cities a
chance to re- evaluate their own ordinances. She stated
she personnaly felt the Council should draft an ordi-
nance and pass it; if it expresses a different feeling
from the voters, the Council can amend the ordinance.
She stated the law in Tukwila should be consistent
with that of surrounding areas. Councilman Traynor
stated he would be willing to go along with the results
of the election even though it is sometimes difficult
to accept the will of the people over your own person-
al beliefs.
Mayor Todd read his letter to the Council dated Sep-
tember 13, 1974 stating the Council had not held a
public hearing to discuss the proposed use of $20,000
of Revenue Sharing funds for the Marine Safety Divi-
sion. He suggested these funds be frozen until the
time a public hearing is held. Attached to his letter
are two pages of a report on Federal Revenue Sharing
funds as published in the Association of Washington
Cities Bulletin #355. Mayor Todd stated without this
exercise in due process, the City may be exposed to
litigation. Councilwoman Harris stated she has not
kept up with the Federal Revenue Sharing laws which
may have changed. She stated public hearings are not
required but are recommended by the Federal adminis-
trators. She stated at the Council's public hearing,
no decision had been made as to how to use all of the
Federal Revenue Sharing money forthcoming this year.
It was the consensus of the Council to appropriate the
funds for justified requests. All of these requsts
are discussed at the Council meetings. She stated
she would be willing to reconsider this Ordinance in
view of the fact that the Council appropriated $20,000
when we apparently did not have the funds in the right
place at the right time. The two Departments who
originally endorsed this project had scheduled it on
a two -year plan rather than try to implement it all
in one year. Perhaps the Council should consider the
two -year plan. She stated we never know just how long
the Federal Revenue Sharing monies will be forthcoming.
She stated she does not consider public safety items
frivilous expenses. MOVED BY HARRIS, SECONDED BY
DAVIS, THAT THE COUNCIL RECONSIDER ORD. #882 AT NEXT
MONDAY'S MEETING.* Mayor Todd stated it is not his
intention to deprive the City of this program. He
stated that at least the laws on Revenue Sharing should
be complied with and the public should be given the
opportunity to discuss the proposal. This item is not
too high on the City's priority list; it is a good idea
but it is not in sequence. Councilwoman Harris asked
if there had been a specific public hearing when the
Council allocated Revenue Sharing Funds to the City
Shop. Mayor Todd stated there was not, but if we were
wrong in the past then being wrong again does not make
it any more acceptable. *CARRIED.
TUKWILA CITY COUNCIL MEETING
September 16, 1974
Page 5
OLD BUSINESS
Bid award
Source metering
monitering at So.
180th E Andover
Park
Steve Hall Letter
recommending final
acceptance of City
Shop, Phase II
Discussion Proposed
ordinances to hire 9
Firefighters
AUDIENCE COMMENTS
Phyllis Pesicka
Ed Bauch
7/
Steve Hall, Public Works Director, explained the bids
had been opened on September 12 at 3:00 P.M. for this
project which is in connection with the Water District
#75 hook -up. He stated he would make his recommenda-
tion pending the finalization of the water agreement
with Mario Segale. Steve Hall then read a letter from
Joel S. Timmerman, of Philip M. Botch Associates,
dated September 16 advising that bid recommendation
would be to Pro Con Construction and reviewing other
bid information. He stated he concurred with this
recommendation to the low bidder. MOVED BY STERLING,
SECONDED BY TRAYNOR, TO TABLE TO THE NEXT MEETING.
CARRIED.
Councilman Traynor read a letter from Steve Hall dated
September 13, 1974 recommending final acceptance of
City Shop, Phase II. Councilman Sterling stated that
the Shop is a real nice establishment for the City.
Councilman Gardner stated when he looked at it, he
noticed there was no cement in the shelters. Mayor
Todd stated blacktop was used. MOVED BY TRAYNOR,
SECONDED BY STERLING, TO APPROVE AND ACCEPT CITY SHOP,
PHASE II. CARRIED.
Councilwoman Davis stated even though she is not on the
prevailing side to bring this back to the table, she
stated there is an emergency situation in the City that
the Council should again consider. MOVED BY STERLING,
SECONDED BY DAVIS, TO RECONSIDER PROPOSED ORDINANCE.*
Councilman Traynor pointed out the Members of the Coun-
cil who voted "no" should be the ones to bring this
back to the table. *Motion and Second withdrawn.
MOVED BY JOHANSON TO RECONSIDER PROPOSED ORDINANCE. No
Second to the Motion was received and Councilman Johan-
son withdrew the Motion.
Mrs. Pesicka stated she was not at the previous Council
meeting but had been told there were comments made
questioning the adequacy of the aid car. She stated
a week ago, she called the aid car for her husband who
was ill and they arrived within two minutes to adminis-
ter oxygen to him. She stated she could only sing
their praises.
Mr. Bauch stated tomorrow there will be an end to a
situation Mayor Todd stated if this was going
to be a discussion on recall, he would have to rule
the comments out of order due to the political nature
of them. He stated if Mr. Bauch made those statements,
he would then read a press release. Mr. Bauch stated
he would read it. Mayor Todd stated the release
should be signed before anyone reads it, and asked if
Mr. Bauch is willing to sign it. If Mr. Bauch is not
willing to sign it, Mayor Todd stated he had better be
cautious with the material concerning him that is
released to the press. Mr. Bauch stated he had been
threatened by the Mayor before. Mayor Todd stated
Mr. Bauch had not heard the last of that matter.
Letter to the Council Councilman Traynor read a letter dated September 10
re: drainage on So. addressed to the Council from Mr. Mrs. S. E. Radnich,
142nd right of way Mr. E Mrs. John Radnich and Mr. E Mrs. Max Erickson
regarding surface drainage of South 142nd right of
way between 53rd Avenue South and 54th Avenue South
right of way. Steve Hall stated he has contacted the
property owners and the City is working on the problem
now.
TUKWILA CITY COUNCIL MEETING
September 16, 1974
Page 6
AUDIENCE COMMENTS Cont.
LID #26 bids
opened
New section of
Andover Park West
Nightshade plants
Letter to the
Council re: Council
Procedures Ordinance
Political signs
Robert's Rules of
Order classes
Velma Lee
Fire Department
discussion
702,
Steve Hall stated Val Vue Sewer District opened the
bids on LID #26 today and the apparent low bidder is
King Construction at an estimated cost of $154,000;
the engineer's estimate was $140,000 so the low bid is
within the l00 limit and Mr. Yoshida feels it is still
within the original assessment roll.
Steve Hall announced the new section of Andover Park
West will be opening next week and he would later
announce the ribbon cutting ceremonies.
Mrs. Viola Lutes stated there is some nightshade grow-
ing in the vicinity of 143rd and 144th along the river.
She stated the berries are ripening now and it is a
danger to the health of the children. Mayor Todd
stated it would be taken care of first thing in the
morning.
Councilman Traynor read a letter from Mr. Richard G.
McLester dated September 10, 1974 congratulating the
Council on its passing the Council Procedures Ordinance
by a unanimous vote.
Councilman Johanson asked Mayor Todd for a list of City
employees who were distributing pamphlets today be-
cause they entered his property and destroyed some
signs on his property. Mayor Todd stated he had no
idea who the people were, and asked Councilman Johanson
to inform him who they are so that he could take care
of the matter. He stated it may not have been the
City employees who were involved. He asked Councilman
Johanson at what time this occurred. Councilman Jo-
hanson stated he found the signs down at about 3:50
P.M. Mayor Todd stated the political activities of
the employees is their own business if it is not on
City time. Mrs. Susan Gievers stated there are a lot
of signs being torn down on both sides of the issue.
Steve Hall stated City employees have been instructed
according to the ordinance to remove any signs posted
on public property and rights of way. He stated he
would like to know himself if any employees have re-
moved signs from private property because he would be
extremely dissatisfied with that situation. Council-
man Johanson stated he would attempt to find out.
Councilwoman Davis asked Attorney Parker if it would
be possible for the Council to hold classes at the
City Hall regarding Robert's Rules of Order.
Attorney Parker stated if the Council advertised it as
a Special Meeting it would be perfectly legal. Coun-
cilwoman Davis asked then if they could attend the
class together at a university. Attorney Parker re-
plied that they could. Councilwoman Davis asked the
difference between holding a class at City Hall and
attending a class at a school. Attorney Parker stated
the seven Members of the Council would be among several
hundred other people at a university, but if they all
met together at City Hall, they would have to advertise
a meeting in order to meet for this purpose. Council-
woman Davis stated she also intended for the public
to be included. Councilman Gardner stated it is legal
for all seven Council Members to get in a car and ride
around.
Mrs. Lee asked the status of the Fire Stations and
staff. Councilman Johanson stated he understood that
the Fire Station here on the hill would be basically a
volunteer Department. If it is determined that addi-
tional people are needed during the week, that is fine.
He stated currently we have a mutual aid agreement
with the surrounding Fire Departments and Districts.
TUKWILA CITY COUNCIL MEETING
September 16, 1974
Page 7
AUDIENCE COMMENTS Cont.
Fire Department
discussion Cont.
Payment of Anderson
Insurance premiums
73
We will have a full staff at the new Station and one
man is assigned per shift at the old Station. The
question is to what extent would you like to have pro-
tection. This station should be able to function with
the volunteers and function much better than we did
a few years ago. Our Fire Department is an excellent
one and the men are well trained. He stated he does
not believe that we are going to be in dire danger
with only the volunteers at this Station. The proper
time for adding these nine men would be during pre-
liminary budget proposals for next year, and there are
other things we can use the Revenue Sharing monies for.
Mrs. Lee stated the funds for the nine men were being
offered from the Contingency Fund. She stated it is
logical that if you have more people to service, which
we now have, you would need more people to provide the
services. She stated she realized the volunteers do
a fine job, but a matter of a few minutes in getting
to a fire makes a difference. She stated the citizens
are paying more taxes and Southcenter is paying more
taxes and she does not see why they cannot be covered
with their taxes and the citizens cannot be covered
with ours. Councilwoman Davis stated she felt some-
thing should be considered; perhaps we could consider
fewer than nine men. She stated she felt the citizens
are getting the short end by having the Firemen down
at the new Station but that she did understand why.
The citizens should not be placed in this position.
She stated she would feel safer with the men assigned
to the hill and would like to have a solution to this
before Christmas, before the budget is approved, be-
cause there is money available for this in the Contin-
gency Fund.
MOVED BY TRAYNOR, SECONDED BY STERLING, TO ADJOURN THE
MEETING TO EXECUTIVE SESSION OF THE COUNCIL TO CONSID-
ER THE FIREFIGHTERS' CONTRACT. TIE VOTE MOTION
FAILED.* Mayor Todd asked if he could break the tie
vote and asked if there is some specific reason for
not holding the Executive Session. Councilwoman Davis
stated she would like to consider something as impor-
tant as this at an earlier hour; it appears to be quite
complex and clear heads are needed. Mayor Todd stated
the contract could easily be reviewed in an hour. It
should be discussed before the preliminary budget is
filed. Discussion followed on which day to review the
contract. Councilwoman Harris stated the meeting
could be adjourned to Wednesday as long as the order of
adjournment is posted to indicate a certain time, date
and place. It is necessary to continue a meeting from
day to day in the case of budget meetings only.
*Mayor Todd voted not to consider the Executive Session
tonight and broke the tie vote.
Councilwoman Harris stated last week when the Council
considered the vouchers there was a law suit or what
appeared to be a law suit on the table from Mr. Ander-
son against the City of Tukwila. It had been stamped
received by the City of Tukwila on September 9 at
1:50 P.M. by the City Clerk. In the bundle of bills
to be paid were Mr. Anderson's premiums and the claim
was on the table presumably for everyone to see. No
one knew how the Council was going to vote. She
stated she requested a copy of the law suit on Thurs-
day and discovered it had never been filed with the
Clerk at King County. It is not a law suit and never
was a law suit. When the plaintiff files a law suit
there should be an affidavit by the plaintiff attest-
ing to the suit, including the plaintiff's signature.
Is that not correct? Attorney Parker replied no.
Councilwoman Harris stated the Council had not been
TUKWILA CITY COUNCIL MEETING
September 16, 1974
Page 8
AUDIENCE COMMENTS Cont.
Payment of Anderson
Insurance Cont.
ADJOURNMENT
11:23 P.M.
Attest:
informed of the so- called law suit last Monday and it
was not filed Monday and was not filed as of last
Thursday. She noted a phrase in the summons which
stated in part which has been or will be filed
with the Clerk of the Court or a copy which is here-
with served upon you." There was no explanation to
the Council Monday night and people were led to believe
there was a law suit. She stated to her this is just
a cheap, dirty trick that some unscrupulous bill coll-
ector would pull. Mayor Todd stated the law suit was
served, received and stamped received. He stated the
City Attorney and the Council President were immediate-
ly furnished copies. Attorney Parker stated the sum-
mons is in the proper form.. The complaint can be first
filed and then served or it can be served and later
filed. In this case because the Council did pay the
bills Monday night, it became unnecessary to file the
complaint. He stated he called the attorney the next
day to inform him the Council had paid the bill and
asked him to write across the original of the summons
and complaint that the law suit had been settled and
send the originals to the City to become a part of the
City's records which has now been done. Councilman
Johanson asked if in the City Attorney's opinion the
last two years of the City's contracts for insurance
have been entirely legal. Attorney Parker stated yes.
Mayor Todd asked Attorney Parker if in his opinion the
insurance has been legal for the last 25 years. Attor-
ney Parker stated the insurance has been let out for
bid since 1972. Councilwoman Harris stated in 1970
there was an Attorney General's Opinion issued regard-
ing the question of whether or not insurance is to be
bid in third class cities. It indicated insurance
should be bid because it is an expense over $2,000.
The bid law required that bids for insurance be let
annually. The reason for that A.G.O. was that it was
unclear up to that point whether or not insurance fit
into the category of services. What happened with the
City's insurance before that time in 1970 cannot be
judged. Mayor Todd asked then if the City Council
or the Mayor seated in 1970 was in violation of the
law. Councilwoman Harris did not comment. Councilman
Sterling asked that in any further cases of litigation
that all of the Council Members are made aware of it.
Mayor Todd stated it is his obligation to communicate
with the Council President. Councilman Traynor stated
he did receive the copy in his box which he picked up
at 7:00 P.M. before the meeting. He stated he had
assumed that all Council Members received copies and
obviously assumed incorrectly.
MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE
MEETING ADJOURN. CARRIED.
F j
dd,Mayor
Shirle A. Kinney, Cit, Clerk
87Z