HomeMy WebLinkAbout1980-04-21 Regular MinutesApril 21, 1980
7:00 P.M.
FLAG SALUTE AND
CALL TO ORDER
ROLL CALL OF
COUNCIL MEMBERS
OFFICIALS IN
ATTENDANCE
MINUTE APPROVAL
VOUCHER APPROVAL
Sale of Bonds
LID #25
TUKWILA CITY COUNCIL
Tukwila City Hall
Council Chambers
Regular Meeting
M I N U T E S
Mayor Todd, presiding, led the Pledge of Allegiance and called
the Regular Meeting of the Tukwila City Council to order.
LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID
JOHANSON, DORIS E. PHELPS, GARY L. VAN DUSEN.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCILMAN SAUL BE
EXCUSED FROM THE MEETING. MOTION CARRIED.
LAWRENCE E. HARD, City Attorney; SHIRLEY KRISTOFFERSON, Acting
Finance Director; JOHN MCFARLAND, Administrative Assistant;
TED UOMOTO, Public Works Director; MAXINE ANDERSON, City Clerk.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE
REGULAR MEETING OF APRIL 7, 1980 BE APPROVED AS PUBLISHED.
MOTION CARRIED.
MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE VOUCHERS,
APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS
BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED.
Claims Fund Vouchers #6166 #6348
Current Fund
Golf Crse. Spec. Rev.
Street Fund
Federal Shared Rev.
Foster Golf Links
Water Fund
Sewer Fund
Fireman's Pension
L. I. Guarantee
LID #28 c 28 -6348
PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS
6166 -6270
6271 -6272
6273 -6299
6300-
6301 -6302
6303 -6324
6325 -6345
6346
6347-
$10,120.82
92,184.54
9,796.59
12,307.50
314.85
94,760.55
14,342.65
4,040.02
148.00
20.80
$227,915.50
y y
Mr. John D. Urbina, Vice President with Foster Marshall,
Inc., explained that Attorney Hard has an Ordinance for
Council consideration on the method of payment of assessments
for LID #25. The installment rate on the bonds will now be
11 3/8 This is the rate the people who elect to pay by the
installment plan will pay. Foster Marshall, Inc. is offering
to purchase the LID #25 bonds with interest payable at 10.875%
annually. Two weeks ago the interst rate was 11 Under this
new proposal the City will not have to put in additional money.
The issue will be paid from the assessments as they are collected.
LID bonds have no claim on the City's revenue. Mr. Urbina
distributed copies of the purchase contract for Council review.
He explained that Ordinance No. 1146 limited the interest rate
payed by the installment holders ad`
to 10 The ra on the bonds
two weeks ago o was 11 The City would have ht -1% out and taken
10% in. The City would have had to make up the difference. Now,
the proposed ordinance will raise the installment rate to 11 3/8%
and the rate on the bonds to 10.875 The City will be collecting
more than is being paid out.
Mayor Todd asked if the participants in the LID agree to the
change in interest. Attorney Hard explained that he has contacted
the lawyers for the property owners and they have agreed to sign
the waivers. He has received one back; King County's is going
through their process;and the third property owner is in California,
but his attorney has assured them there is no problem. Attorney
Hard asked Council to consider the proposed ordinance prior to
accepting the purchase contract.
TUKWILA CITY COUNCIL, REGULAR MEETING
April 21, 1980
Page 2
PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont.
Ordinance #1153
Method of payment
of assessment of
LID #25
Purchase Contract
with Foster and
Marshall, LID
#25 Bonds
Claim for Damages:
E. K. Burwitz
OLD BUSINESS
Letter from
McNamara Invest-
ment Company
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE
BE READ BY TITLE ONLY.*
Attorney Hard said this new ordinance amends a very old ordinance
of the City to increase the delinquent penalty assessment from
8% to 12% and amends Ordinance #1146 to increase the installment
rate from 10% to 11 3/8
*MOTION CARRIED.
City Attorney Hard read an ordinance re method of payment of
assessments of local improvement district No. 25 and amending
Ordinances No. 322 and 1146.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT ORDINANCE NO. 1153
BE ADOPTED AS READ.*
Attorney Hard noted Mr. Gay of the Bond Council has seen and
approves this amendment. The blanks on page 1 should read
11 3/8
*MOTION CARRIED.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL ACCEPT THE
OFFER OF FOSTER AND MARSHALL, INC. TO PURCHASE THE LID #25 BONDS
FOR 10.875 MOTION CARRIED.
Mayor Todd recognized, for the record, receipt of a Claim for
Damages filed by Mr. Ewald Karl Burwitz in the amount of $10,000.
The claim is for illegal arrest and misuse of public office. It
has been forwarded to the Insurance Carrier for investigation.
MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE OFFER MADE BY
MR. MCNAMARA FOR THE CITY TO PURCHASE HIS PROPERTY BE REJECTED.
MOTION CARRIED.
(.1 24-�s
Mayor Todd noted that he had received a letter from Mr. Edward
F. McNamara of McNamara Investment Company concerning construction
of 33 condominium units at the intersection of 53rd Avenue South
and the right -of -way for South 158th Street. The proposal was
denied by the City Council even though the density was far less
than that allowed under the zoning code. Mr. McNamara is suggesting
that the City purchase the property at its appraised value.
MOVED BY VAN DUSEN, SECONDED BY BOHRER, THAT THE LETTER DATED
MARCH 19, 1980 BE READ. MOTION CARRIED.
City Attorney Hard read the letter.
Since there was no one representing McNamara Investment Company
in the audience, Councilman Hill asked if Council can hear the
citizens on this subject. Attorney Hard said only if Mr. McNamara
has had adequate notice that his letter is on the agenda. Mayor
Todd said he is not sure Mr. McNamara was notified.
Mr. Dick Goe, 5112 So. 163rd Place, requested that if Mr. McNamara
re- approaches the City and is placed on the agenda again that the
citizens of Tukwila on the hill adjacent to his property be
notified. Further, that the circumstances of Mr. McNamara's
proposal, which was refused by the City, be explained by the
appropriate department at the meeting. Mr. Goe offered, if he
is notified, he would see that the citizens are notified.
TUKWILA CITY COUNCIL, REGULAR MEETING
April 21, 1980
Page 3
OLD BUSINESS Cont.
Alfred Schmid
Lawsuit
ORDINANCES
Ordinance #1154
Fixing the amount,
form, date, interest
rate, maturity and
denominations of
LID #25 Bonds
directing the
sale to Foster
Marshall
Ordinance #1155
Adopting the
Uniform Fire
Code, 1979 Edition
Proposed Ordinance
Relating to the
installation of
sidewalks
Mr. Robert Crain, 5105 South 163rd Place, asked if the zoning
hasn't been changed to conform to the Comprehensive Plan. Mayor
Todd noted that the Planning Commission is conducting Public
Hearings on the new zoning code. Mr. Crain asked if today's
court decision invalidated the waiver process. Attorney Hard
said he didn't believe it did. He explained that, basically,
the Court felt the City Council was arbitrary and capricious.
Originally, when this matter was sent to the City Council, there
was a staff recommendation that the waiver be denied and Council
denied it. It was again reviewed by staff and they recommended
the waiver be granted. When it went to Council they again denied
it. Apparently, the judge felt, in making the second denial, the
City Council was arbitrary and capricious.
Mr. Goe asked if the City intends to pursue reversal of that
decision. Attorney Hard said he will ask the Council to meet
in Executive Session to discuss this matter.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE
BE READ BY TITLE ONLY. MOTION CARRIED.
MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT ORDINANCE NO. 1154
BE ADOPTED AS READ.*
Attorney Hard noted the blank in Section 1, Page 2 should read
10.875
*MOTION CARRIED.
Councilman Van Dusen recommended this item be referred to allot
time for an environmental review and Planning Commission input.
*MOTION CARRIED.
Attorney Hard reported on the trial held in King County Superior
Court which was brought by Alfred Schmid and Partners concerning
property at 53rd Ave. South and South 160th. They had been refused
a waiver to develop an apartment complex on their property. The
case was tried and the Court ruled the City had improperly denied
them the right to file for a building permit. The City has been
instructed by the Court to grant the waiver and begin to process
the building permit application.
City Attorney Hard read an ordinance fixing the amount, form,
date, interest rate, maturity and denominations of Local Improvement
District No. 25 bonds and directing the issuance and sale thereof
to Foster Marshall, Inc. of Seattle, Washington.
MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE
BE READ BY TITLE ONLY. MOTION CARRIED.
City Attorney Hard read an ordinance adopting, by reference, the
Uniform Fire Code, 1979 edition, and appendices A,B,C,D,E,F,G,H,I,
J as may be amended, with exceptions stated herein, as part of
the Fire Prevention Code of the City of Tukwila (Chapter 16.16 of
the Tukwila Municipal Code), and repealing Ordinance No. 1016.
MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT ORDINANCE NO. 1155
BE ADOPTED AS READ. MOTION CARRIED.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE
RELATING TO THE INSTALLATION, MAINTENANCE AND REPAIR OF SIDEWALKS,
CURBS AND GUTTERS BE PLACED ON THE AGENDA FOR THE NEXT COMMITTEE
OF THE WHOLE MEETING.*
TUKWILA CITY COUNCIL, REGULAR MEETING
April 21, 1980
Page 4
RESOLUTIONS
Resolution #725
Providing for an
interfund loan
between contin-
gency Fund
City Hall G.O.
Bond Debt Service
Fund
Resolution #726
Authorizing the
Finance Director
to make a segre-
gation on LID #24
Resolution #727
Authorizing the
Mayor to enter
into a Developer's
Agreement with
Fostoria Park
Associates
Resolution #728
Endorsing the King
Subregional Plan
adopted by the King
Subregional Council
of the P.S.C.O.G.
MOVED BY HARRIS, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION
BE READ BY TITLE ONLY. MOTION CARRIED.
City Attorney Hard read a resolution providing for an interfund
loan between the contingency fund and the City Hall G.O. Bond
Debt Service Fund.
MOVED BY HARRIS, SECONDED BY HILL, THAT RESOLUTION NO. 725
BE ADOPTED AS READ. MOTION CARRIED.
MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION
BE READ BY TITLE ONLY. MOTION CARRIED.
(„1
City Attorney Hard read a resolution of the City of Tukwila,
Washington, authorizing the Finance Director to make a segregation
on the original assessment roll for LID #24.
MOVED BY HARRIS, SECONDED BY PHELPS, THAT RESOLUTION NO. 726
BE ADOPTED AS READ.*
Mayor Todd explained that a section of property, assessed under
LID #24 had changed hands and the property owner had requested
the assessments be segregated into three different parcels so
he can subdivide it.
MOVED BY BOHRER, SECONDED BY JOHANSON, THAT SECTION 3 BE AMENDED
TO ADD "AND UPON RECEIPT OF AN EXECUTED COPY OF A DEVELOPER'S
AGREEMENT REQUIRING FOSTORIA PARK ASSOCIATES TO ENTER INTO FUTURE
LID'S IN THE VICINITY OF SO. 134TH STREET.
Attorney Hard explained that the segregation process is a matter
of State Statute and is very specific. If you add more than is
required to the Resolution it may not comply with the law. Mayor
Todd offered that he would not sign the Resolution until the
Developer's Agreement is executed.
Councilman Harris noted that anyone who requests a segregation and
pays the fees as required has a right to the segregation whether
they ever sign any other agreement.
ROLL CALL VOTE:
BOHRER YES
HARRIS NO
HILL NO
JOHANSON YES
PHELPS NO
VAN DUSEN NO
*MOTION FAILED
*MOTION CARRIED TO ADOPT THE RESOLUTION AS READ.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION
BE READ. MOTION CARRIED.
City Attorney Hard read, in its entirety, a resolution authorizing
the Mayor, as chief executive officer, to enter into a Developer's
Agreement with Fostoria Park Associates, et al, partnership of
the State of Washington, to participate in future local improvement
district(s) in the vicinity of South 134th Street.
MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT RESOLUTION NO. 727
BE ADOPTED AS READ. MOTION CARRIED.
MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION
BE READ BY TITLE ONLY. MOTION CARRIED.
City Attorney read a resolution endorsing the King Subregional
Plan adopted by the King Subregional Council of the Puget Sound
Council of Governments.
TUKWILA CITY COUNCIL, REGULAR MEETING
April 21, 1980
Page 5
RESOLUTIONS Cont.
Resolution #728
Endorsing the King
Subregional Plan
adopted by the
King Subregional
Council of the
P.S.C.O.G.(cont.)
RECESS:
8:20 P.M.-
8:25 P.M.
Resolution #729
Intent to vacate
a portion of 44th
P1. So. after
certain actions
are complied with
Resolution #730
Authorizing the
Mayor to enter into
a consultant service
contract for
Christensen Green-
belt Project Phase
II
MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT RESOLUTION NO. 728
BE ADOPTED AS READ.*
Councilman Bohrer commented on the staff report that was prepared
to justify the designation of Tukwila as a Secondary Metropolitan
Activity Center. The analysis indicates that, of the nine criteria,
we presently satisfy four of them. According to staff, we expect
to satisfy two more of the nine in the near future. The other
three we will comply with sometimein the future. It would appear
that the City's case for the designation is well justified.
Councilman Bohrer noted Section 5 of the model resolution and
wondered why it was omitted from the new resolution.
Councilman Bohrer requested a five minute recess to compare
the two resolutions.
Mayor Todd called the regular meeting back to order with Council
members present as previously reported.
MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT THE PROPOSED RESOLUTION
BE AMENDED TO ADD SECTION 5 OF THE MODEL RESOLUTION AS SECTION 6
OF THE PROPOSED RESOLUTION. MOTION CARRIED.
*MOTION CARRIED TO ADOPT THE RESOLUTION AS AMENDED.
MOVED BY HILL, SECONDED BY HARRIS, THAT THE PROPOSED RESOLUTION BE
READ BY TITLE ONLY. MOTION CARRIED.
City Attorney Hard read a resolution of the City of Tukwila,
Washington, stating their intent to vacate a poriton of 44th
Place South at such time as certain actions are complied with.
MOVED BY HILL, SECONDED BY HARRIS, THAT RESOLUTION NO. 729 BE
ADOPTED AS READ.*
MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT RESOLUTION NO. 730
BE ADOPTED AS READ. MOTION CARRIED.
Councilman Bohrer noted that Section 3 of the Developer's Agreement
says if the street is not constructed to minimum City standards,
the City may refuse to accept any dedication. He said that a
40 foot wide right -of -way already does not meet City standards.
Councilman Van Dusen explained that the only reason this statement
is in there is to say we will not accept this street if it is not
built to City standards. They are going to have to maintain it.
Councilman Bohrer noted that City standards call for a local street
to have a 60 foot right -of -way with a 48 foot pavement. He asked
what the benefit to the City is if it is vacated. Mayor Todd noted
that the right -of -way is about 300 feet long and runs into the
freeway. Councilman Van Dusen said it will never be a viable City
street. Councilman Bohrer said we need emergency access to the
businesses on the street and a 30 foot wide street with parking on
either side will not provide this access. We have no guarantee
they will not park on the street.
Attorney Hard said that City standards not only includes the width
but also the type of construction materials.
Councilman Phelps noted that installation of utilities are subject
to other permits.
*MOTION CARRIED WITH BOHRER VOTING NO.
Mayor Todd read the title to the proposed resolution as follows:
A resolution of the City of Tukwila, Washington, authorizing the
mayor to enter into a consultant services contract for assistance
in the design, bidding and construction inspection of the
Christensen Greenbelt Project Phase II.
TUKWILA CITY COUNCIL, REGULAR MEETING
April 21, 1980
Page 6
RESOLUTIONS Cont.
Resolution #731
Authorizing the
Mayor to execute
a contract with
Harstad Associates
for engineering
services
Resolution #732
Designating Horton
Dennis Assoc.
as Engineering
Consultants for
LID #30
MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION
BE READ BY TITLE ONLY. MOTION CARRIED.
City Attorney Hard read a resolution of the City of Tukwila,
authorizing the Mayor to execute a contract with Harstad Assoc.,
Inc. for engineering services.
MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT RESOLUTION NO. 731
BE ADOPTED AS READ.*
Councilman Van Dusen said it might be wise if the engineers talk
with the citizens on the lower portion of the street before they
do the preliminary design. Mayor Todd said they intend to talk
to the citizens prior to design.
Councilman Bohrer noted that we have had problems on our previous
projects. He said he had suggested that these problems be
catalogued and provided to the engineering firm for guidance
so they can be faced before they get to the point of final review.
He asked the Public Works Director if this had been done. Mr.
Uomoto said they will take a step by step approach to prevent the
problems from recurring. Councilman Bohrer asked what is being
done differently to avoid the problems. Mr. Uomoto said the project
is broken down into smaller phases. Councilman Bohrer said he
thought it worthwhile to discuss the problems with the engineer
prior to design. Mr. Uomoto said that an engineering determination
would be made on the existing street. There is no need to tear up
the street if the existing base is suitable when a simple overlay
might serve the purpose.
*MOTION CARRIED.
Councilman Bohrer asked for a report at the next Committee of the
Whole on the 1979 Street Improvement Project. When does the City
expect to Call for Bids on 57th Avenue South and South 147th?
Mr. Uomoto will check into this.
MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION
BE READ BY TITLE ONLY, WITH HORTON DENNIS ASSOCIATES DESIGNATED
AS ENGINEERING CONSULTANTS. MOTION CARRIED.
City Attorney Hard read a resolution of the City of Tukwila,
Washington, designating Horton Dennis Associates as engineering
consultants for LID #30 and authorizing the. Mayor to execute the
contract.
MOVED BY HILL, SECONDED BY VAN DUSEN, THAT RESOLUTION NO. 732
BE ADOPTED AS READ.*
Councilman Phelps asked how much of the engineering information
from LID #28 is applicable to the new LID? Mr. Uomoto said that
much of the information can be passed on. Councilman Harris
noted Horton Dennis Associates was much cheaper than the other
bidders. She wondered if they might have overlooked something.
Mr. Uomoto said one possibility is the use of the existing road
surface as the base and just widening the road.
Attorney Hard requested the Resolution be amended by adding the
following after "creating" to the second WHEREAS: "A new Local
Improvement District which shall be designated as LID #30."
MOVED BY HILL, SECONDED BY PHELPS, THAT THE RESOLUTION BE AMENDED
TO INCLUDE THE WORDING RECOMMENDED BY THE CITY ATTORNEY. MOTION
CARRIED.
*MOTION CARRIED TO ADOPT THE RESOLUTION AS AMENDED.
TUKWILA CITY COUNCIL, REGULAR MEETING
April 21, 1980
Page 7
RESOLUTIONS Cont.
Proposed Resolution
Declaring intention
to improve So. 152nd
St. 57th Ave. So.
to create an
LID #30)
Proposed Resolution
Ending a moratorium
0
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION
BE READ BY TITLE ONLY. MOTION CARRIED.
City Attorney Hard read a resolution of the City Council of the
City of Tukwila, Wash., declaring its intention to order the
improvement of portions of South 152nd Street and 57th Ave. So. by
acquisition of additional right -of -way, widening, grading, side-
walks, storm and sanitary sewers, water facilities, underground
utilities, and elimination system, and to create a Local Improve-
ment District to assess the costs and expense of carrying out
such improvements against the property specially benefited thereby
and setting a hearing to receive objections thereto.
Attorney Hard said Items 9h and 9i were placed on the agenda at
his request. 9h, i and j all relate to the same problem. 9i
cannot be completed at this time as the dollar figures aren't
ready. In order to get the property owners to agree to the
improvements on the hillside the City has to take action on the
moratorium. He noted a letter he had received from Mr. Peter
Buck, Attorney for S M Investments stating they are willing
to settle their lawsuit by having the City withdraw its moratorium.
In return his client will agree to not oppose the LID and will
drop its lawsuit.
Mayor Todd explained that the Building Department cannot accept
the permit application until the moratorium is lifted. Attorney
Hard said lifting the moratorium only lets them get started.
Councilman Van Dusen suggested the Council make a motion that
the moratorium will be lifted once the LID becomes viable as
determined by the City Attorney.
Councilman Hill said the City fought through LID #28. There must
be some way the developer can get prepared to build but not take
any physical action until the LID is ready to go. He said he
doesn't want to lift the moratorium and have the LID turned down.
Attorney Hard said lifting the moratorium only means they can begin
the process of applying for a permit. They have to meet all the
requirements.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THIS ITEM BE PLACED
ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF APRIL
28, 1980. MOTION CARRIED.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION
BE READ BY TITLE ONLY. MOTION CARRIED.
City Attorney Hard read a resolution of the City of Tukwila,
Wash., eliminating a moratorium on the issuance of any building or
site preparation permits in the area affected by former LID #28 and
repealing Resolution No. 695.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION
BE ADOPTED AS READ.*
Councilman Bohrer said that everybody at the table would like to
be rid of the moratorium, but approximately one quarter of the
people in the City live and use this street as an access. The
original reason for the moratorium was letters from the Police and
Fire Chiefs stating they did not consider the current street Would
provide reasonable access. The history on the past LID says that
Council might reasonably expect to have problems on formation of the
current LID. He said he is concerned about more residences being
started on that street. Councilman Bohrer made a motion, but did
not receive a second to table this item.
TUKWILA CITY COUNCIL, REGULAR MEETING
April 21, 1980
Page 8
RESOLUTIONS Cont.
Proposed Resolution
Ending a moratorium
Resolution #733
Amending the
provisions of
Res. No. 720,
Attachment A,
Position Class.
Schedule
Councilman Hill asked if the resolution could be amended to
allow them to apply for the building permit, get the design work
done, get the E.I.S. completed if it is required and as soon as
the LID is out for bid they could start construction.
Mayor Todd asked if Council wants to get involved in litigation
over a moratorium that has no effect. This is hanging over
the land developer's head and he doesn't appreciate it. He is
one of the prime movers to form the LID.
Councilman Bohrer asked Attorney Hard, since the City is on
record as saying the access on the street is inadequate, what
would you assess the City's risk if there is an emergency up
there and the City is sued for not providing adequate access.
Attorney Hard said the City always faces exposure if it approves
construction in an area that may not have enough public safety
and ability to get there. Attorney Hard said a lifting of the
moratorium can be justified because the property owners have
agreed to provide the improvements at a future time.
Mr. Joel Gordon, representing Mr. Buck's office, answered yes
to the best of his knowledge,to the question, is it the intent
of your client to proceed with the formation.
Councilman Bohrer asked if his client would sign a paper that
he is willing and would not protest the formation of an LID.
Mr. Gordon said he could not represent that his client would sign
such a paper. There have been meetings of the property owners
where the project was discussed and they agreed on the scope of
the improvements. Under LID #28 you didn't have the agreement
of the property owners and this is where the problem was. Here
you are discussing the scope with the property owners and they
are agreeing to it. It should be emphasized that lifting the
moratorium is not the same as granting a building permit.
Councilman Harris said she has a problem with this. That street
is the only egress and access to the area. With the street
construction going on it would be difficult enough to get in and
out without building construction going on.
Mr. Gordon said that lifting the moratorium doesn't mean this is
going to happen. If this is a key concern the Building Department
could add conditions to the issuance of the building permit and
take into account blocking of the street.
Councilman Johanson reminded them that it was staff, Fire and
Police Departments,that the moratorium was initiated for.
Councilman Bohrer said he would like to go back to Councilman
Hill's suggestion of amending the resolution to let the applicant
proceed to a point but give the Council some assurance that
construction will not be started until the LID is formed. The
intent is not to prohibit the development up there. Councilman
Hill noted that this was the first time Council has seen this.
*MOTION FAILED WITH VAN DUSEN VOTING YES.
MOVED BY HILL, SECONDED BY HARRIS, THAT THIS ITEM BE PLACED ON
THE AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF APRIL 28,
1980. MOTION CARRIED WITH VAN DUSEN NO.
Mayor Todd asked Attorney Hard to have something in writing for
Council by next Monday.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED RESOLUTION
BE READ BY TITLE ONLY. MOTION CARRIED.
City Attorney Hard read a resolution of the City of Tukwila, Wash.,
amending the provisions of Resolution #720, Attachment A as they
relate to the adopted Position Classification Schedule.
TUKWILA CITY COUNCIL, REGULAR MEETING
April 21, 1980
Page 9
RESOLUTIONS Cont.
Resolution #733
Amending the
provisions of
Res. No. 720
Attachment A,
Position Class.
Schedule (cont.)
Budget Transfer
Motion #80 -14
DEPARTMENT REPORTS
Mayor's Report
Finance Director's
Monthly Report of
Investments
MOVED BY PHELPS, SECONDED BY HARRIS, THAT RESOLUTION NO. 733
BE ADOPTED AS READ.*
Councilman Bohrer noted that he had checked the Prior Plan Salary
Study. By the analysis he made and the specifications given in
the attachment, Grade 2 is not justified. The major deficiency
seems to be in the lack of some direct supervisory responsibility.
The educationalrequirement exceeds the maximum. He asked what was the
intent for the change in position and is there some change that
can be made in the Position Specifications specifically, regarding
supervision.
Councilman Phelps offered that the Prior Plan will be reviewed by
the Finance and Personnel Committee. The criteria may be changing
very shortly. She said that supervision is not limited to personnel
only, but programs and policies of the City.
Mayor Todd said implementing policy from the Mayor's office is
John's responsibility.
Councilman Bohrer suggested amending the Position Description to
reflect the supervision. Councilman Harris said she gave him the
benefit of supervision of all personnel. Councilman Phelps said
the Position Specifications and the Position Description go together.
They are not separate documents. Also, the Prior Plan gave some
latitude to administration and to legislation. The Finance Committee
took this latitude by setting it at Grade 2. Councilman Bohrer said
if the position is to have that kind of responsibility, it should
be recognized in the description.
Councilman Bohrer and Mr. John McFarland compared and discussed the
points each had assigned to the various categories.
*MOTION CARRIED WITH BOHRER VOTING NO.
Councilman Bohrer said the position does not describe what the
man does and he said he would like to see this changed shortly.
MOVED BY PHELPS, SECONDED BY HILL, THAT THE BUDGET TRANSFER MOTION
BE READ. MOTION CARRIED.
City Attorney Hard read, in its entirety, Budget Transfer Motion
No. 80 -14. Administrative Assistant Position is being upgraded
from Grade 5 to Grade 2 requiring a transfer of $3,570.00.
Councilman Bohrer verified that the upgrade was to Grade 2, Step
1. Mr. McFarland agreed that this was correct.
*MOTION CARRIED.
Investments Sold $3,370,000
Investments Purchased $3,054,000
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT BUDGET TRANSFER MOTION
NO. 80 -14 BE ADOPTED AS READ.*
Mayor Todd reported that tomorrow he would attend a meeting called
by Metro to discuss the possibility of a Park and Ride Lot in Tukwila.
Mayor Todd read the investment report submitted by Shirley
Kristofferson, Acting Finance Director. Interest income for the
month of March, 1980, amounted to $26,786.03 on the following
activity.
TUKWILA CITY COUNCIL, REGULAR MEETING
April 21, 1980
Page 10
MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS
Finance Director
Position
Crime Prevention
Officer
Council Policy
Analyst
ADJOURNMENT
c)5J
Councilman Bohrer asked what progress is being made in finding
a permanent Finance Director. Mayor Todd explained that the job
was posted in -house and Mrs. Kristofferson applied. He appointed
her to the acting position. He very likely will submit her name
to Council for approval to the permanent position.
Councilman Van Dusen said he has had a request from the Police
Department for the City to consider funding the salary of the
Crime Prevention Officer in full as the LEAA Grant is being
discontinued. This item was placed in the Finance Personnel
Committee.
Councilman Bohrer reported that the Council Policy Analyst has
submitted his resignation. One of the last items he was working
on was the Council /Manager form of Government. He said this
item would be on the agenda for this Community Affairs Committee
Meeting.
Mayor Todd said if Council wants to try this they should and
see if it works. If it isn't satisfactory then the City should
go to a full time Mayor with compensation for the full time
position.
10:20 P.M. MOVED BY HARRIS, SECONDED BY HILL, THAT THE REGULAR MEETING OF THE
TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED.
City Clerk