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HomeMy WebLinkAbout1980-12-15 Regular MinutesTUKWILA CITY COUNCIL December 15, 1980 Tukwila City Hall 7:00 P.M. FLAG SALUTE AND CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS OFFICIALS IN ATTENDANCE MINUTE APPROVAL VOUCHER APPROVAL CITIZEN'S COMMENTS Appreciation Award: Ralph Trepanier 8:05 P.M. Appreciation to John McFarland Final Acceptance: 57th So. St. Improvement Proj. 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, DORIS E. PHELPS, DANIEL J. SAUL, Council President. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE ABSENT COUNCIL MEMBERS BE EXCUSED FROM THE MEETING. MOTION CARRIED. CARL CARLSON, Deputy City Attorney, SHIRLEY KRISTOFFERSON, Acting Finance Director; JOHN MCFARLAND, Administrative Assistant; TED UOMOTO, Public Works Director; MAXINE ANDERSON, City Clerk. MOVED BY SAUL, SECONDED BY HILL, THAT THE MINUTES OF THE REGULAR MEETING OF DECEMBER 1, 1980, BE APPROVED AS PUBLISHED. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE VOUCHERS, APPROVED BY THE FINANCE COMMITTEE, BE ACCEPTED AND WARRANTS BE DRAWN IN THEIR RESPECTIVE AMOUNTS. MOTION CARRIED. Current Fund Street Fund Water Fund Sewer Fund Claims Fund Vouchers #8563 #8566 Current Fund Street Fund Arterial Street Water Fund Sewer Fund Firemen's Pension LID 30: C10/8695 C11/8696 8563 8564 8565 8566 Claims Fund Vouhcers #8567 #8697 8567 8647 &8697 8648 -8665 8666 8667 -8678 8679 -8691 8692 -8694 7,740.58 434.15 274.24 252.38 8,701.35 44,995.17 40,880.33 135.60 1,573.38 15,450.02 209.19 $103,243.69 8,730.00 Revenue 3 8,755.41 25.41 Mayor Todd recognized the Appreciation Award for Distinguished Service presented to Ralph Trepanier as an expression of ap- preciation for meritorious effort and for diligent and competent service in keeping the roads and streets of Tukwila in the best usable condition. The award was presented to him at the annual Road and Street Maintenance School. Councilman Johanson arrived at the meeting. ivy l Councilman Bohrer noted that at the last meeting, John McFarland, Administrative Assistant, announced that he was leaving the City. Mr. McFarland has been an excellent city employee and has done a lot for the City. Councilman Bohrer expressed his thanks, not only as a Councilman, but also as a resident of the City. Council all agreed. Mayor Todd wished him the best of luck. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR PLATTERS Memorandum from Wes Jorgenson, Public Works Department, stated that the 57th Ave. South and South 147th Street Improvement Project has been completed in accordance with the plans, specifications and change orders. The final construction cost was $212,329.75. He recommended the Street Improvement Project be accepted. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL ACCEPT THE 57TH AVENUE SOUTH SOUTH 147TH STREET IMPROVEMENT PROJECT. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING December 15, 1980 Page 2 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Foster Golf Course Foot Bridge 3a ye Mr. Ted Uomoto, Public Works Director, reported that the Public Works Department is capable of designing the plans for the rehab- ilitation of the Golf Course Foot Bridge. This project would require staff to work overtime if the bridge is to be operational by the end of March, 1981. If the bridge opening can be delayed, overtime could almost be eliminated. Mayor Todd offered that this item should be forwarded to the next work meeting of the Council and that all the information should be furnished to them so they can determine what they want to do with the bridge. The question is whether it should be repaired or replaced. Councilman Phelps suggested the Public Works Committee discuss it at their next meeting prior to the Committee of the Whole Meeting. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THIS ITEM BE PLACED IN THE PUBLIC WORKS COMMITTEE.* Councilman Bohrer asked if the rehabilitation work being proposed is adaptable to a new structure at a later date. Mr. Uomoto said no, the proposed work should last five years. Councilman Bohrer asked if staff could do the new bridge design. Mr. Uomoto said they have a consultant check on their design. Councilman Bohrer asked if it was possible and /or efficient to design the cable anchors to work with the current restoration and, at a later time, use them with a new bridge. Mr. Uomoto said, no. Councilman Bohrer clarified that the choice is repair the existing bridge or build a new one and that there is little can be done to salvage any expenditure in preparing this one to be used later. Mr. Uomoto agreed. *MOTION CARRIED. Appeal of B.A.R. Mr. Chris Anderson, 1102 East Republic, Seattle, said the appeal Decision: Sconzo is against the Planning Commission decision, sitting as the Board Associates of Architectural Review, to require a 5 foot wide planter strip on the south end of the vacated 44th Place South. In lieu of this, they are proposing that the 5 foot setback deter- mination of the B.A.R. be upheld. If the City elects to allow a 25 foot right -of -way, we request the building edge remain at the same point and that a 10 foot landscaping area along the building be required. MOVED BY SAUL, SECONDED BY PHELPS, THAT COUNCIL ACCEPT THE ALTERNATE WHICH PROVIDES FOR A 25 FOOT TRAVEL LANE.* Councilman Bohrer noted that the original street that was vacated was a 40 foot right -of -way and did not, then, meet the street re- quirements. This will reduce the paved area even more and could set a precedent for that area by allowing substandard streets. Larry Shaw, Normed, Inc. explained that reducing the paved section does not benefit them. It only benefits L.D.R. It allows L.D.R. to build on the edge of the street. He said the footings for his building are poured with a five foot setback as required by the City. They have worked hard to cooperate with the City. Councilman Harris noted that what Council is doing is giving L.D.R. the five feet and allowing them to build right on the street edge. *MOTION FAILED. MOVED BY SAUL, SECONDED BY HARRIS, THAT COUNCIL UPHOLD THE B.A.R. DECISION. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING December 15, 1980 Page 3 PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS Cont. Budget Transfer Six Budget Transfer Motions were presented for approval. Motions No. 80 -43 $22,000 to allow adequate funding for unexpected expenditures for gasoline. No. 80 -48 MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL APPROVE BUDGET TRANSFER MOTION NO. 80 -43 IN THE AMOUNT OF $22,000.* It was noted that Operating Supplies not only buys gas and oil, but also oil filters, tires and other maintenance supplies. The total cost for just gasoline for the year is $52,000 while only $45,000 was budgeted. *MOTION CARRIED WITH BOHRER AND HARRIS VOTING NO. 3oY3 Councilman Harris said it must have been obvious halfway through the year that this line item would run short. Other items in the Department should have been cut back to make up the difference. This transfer is taking the Council's money. Mrs. Kristofferson said the fund needs this $22,000 in addition to the $45,000 to meet the expenditures. Councilman Harris said Public Works spent $58,000 for a street sweeper a short time ago. If you knew you were going to be short of funds, you should have thought of that first. Councilman Saul told the department he was hoping they were looking at ways to conserve. Mr. Ed Bauch noted that the first three transfers are illegally before the Council. Ordinance 1177 says the Mayor will approve them prior to going before the Council. He pointed out that all six are covering expenditures already made. The purposes of the ordinance was to control spending. They are entirely out of line. No. 80 -44 $3,000 to fund additional costs of the map board system. MOVED BY SAUL, SECONDED BY PHELPS, THAT COUNCIL APPROVE BUDGET TRANSFER MOTION NO. 80 -44 IN THE AMOUNT OF $3,000. MOTION CARRIED WITH SAUL VOTING NO. No. 80 -45 $8,000 to fund unanticipated major Fire Truck repairs. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL APPROVE BUDGET TRANSFER MOTION NO. 80 -45 IN THE AMOUNT OF $8,000. MOTION CARRIED WITH SAUL VOTING NO. No. 80 -46 $2,100 to cover Civil Service Secretary personnel costs in excess of the amount appropriated. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL APPROVE BUDGET TRANSFER MOTION NO. 80 -46 IN THE AMOUNT OF $2,100. MOTION CARRIED WITH HARRIS AND BOHRER VOTING NO. No. 80 -47 $16,585 for part time labor for Finance Department and correct error in transfer from OCD Department. MOVED BY SAUL, SEOCNDED BY PHELPS, THAT COUNCIL APPROVE BUDGET TRANSFER MOTION NO. 80 -47 IN THE AMOUNT OF $16,585. MOTION CARRIED. $625.00 to fund the part time labor used in Planning, Building, Finance and City Clerk; also part time labor to cover vacation in Municipal Court. MOVED BY SAUL, SECONDED BY HILL, THAT COUNCIL APPROVE BUDGET TRANSFER MOTION NO. 80 -48 IN THE AMOUNT OF $625.00. MOTION CARRIED. TUKWILA CITY COUNCIL, REGULAR MEETING December 15, 1980 Page 4 ORDINANCES Ordinance #1189 Amending the 1980 Budget appro- priating funds for the Municipal Court Ordinance #1190 Concerning Water Rates Deputy City Attorney Carlson said he felt if the recording system was not installed, anybody who appealed to the Superior Court, and there was no record of the trial, it could be dismissed. Councilman Harris said the recording systems have been getting a lot of publicity in the papers. Some cities have put in other types, knowing this was coming, and now find they don't comply with the State regulations. She said she felt we shouldn't have to spend the additional funds. We should continue to use the sys- tem we have for Council, Committee of the Whole, Planning Commission, etc. and buy the court system. MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read an ordinance of the City of Tukwila, Wash., amending the 1980 Budget appropriating funds for the Municipal Court. MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE NO. 1189 BE ADOPTED AS READ.* MOVED BY PHELPS, SECONDED BY SAUL, THAT THE MOTION BE AMENDED TO ACCEPT PROPOSAL TWO IN THE AMOUNT OF $3,308.73. *MOTION FAILED. 3ogti Councilman Bohrer expressed concern that there is about $750 in proposal two that may be unnecessary. Prior discussion was that we could use our own microphones. The carrying case for micro- phones and the cassette cabinet could be purchased for less. He said Councilman Van Dusen has always been interested in getting a comprehensive system. The proposal does not make clear what is being installed for the $175.00 labor charge. Councilman Harris said she is concerned about the release Lanier Business Products wants the City to sign if the system is interrogated. It is not good to leave the City open for problems. Maxine Anderson, City Clerk, suggested the City purchase the Court recording system and buy one good recorder for the Council Chambers. This could be done for less money than proposal two. A new reocrder would cost about $500.00 and plug into our current system. Councilman Hill said he agrees with Councilman Bohrer that the carrying case for the microphones ($175.00) and the cassette cabinet ($270.00) are unnecessary. He suggested these be cut out. Maxine Anderson asked Council to allow the use of this money for the purchase of a new recorder. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE ORDINANCE BE AMENDED TO ACCEPT PROPOSAL ONE, DELETE THE CARRYING CASE FOR THE MICRO- PHONES AND THE CASSETTE CABINET AND ADD $100 FOR THE PURCHASE OF A NEW LANIER RECORDER FOR THE COUNCIL CHAMBERS; TOTAL AMOUNT $2,877.81. MOTION CARRIED WITH BOHRER VOTING NO. *MOTION CARRIED TO ADOPT ORDINANCE AS AMENDED WITH BOHRER VOTING NO. Councilman Bohrer commented that he feels Council does not know what they just bought. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read an ordinance of the City of Tukwila concerning water rates, amending Ordinances 264 368 repealing Ordinances 325, 326, 468, 642, 914, 976, 1024 Section 1 of Ordinance 1144# TUKWILA CITY COUNCIL, REGULAR MEETING December 15, 1980 Page 5 ORDINANCES Cont. Ordinance #1190 Concerning Water Rates (cont.) MOVED BY SAUL, SECONDED BY PHELPS, THAT ORDINANCE NO. 1190 BE ADOPTED AS READ.* Councilman Harris said she feels the installation charge of $750 for a 3/4 inch residential connection is excessive and the standby fees are excessive. ROLL CALL VOTE: BOHRER YES HARRIS NO HILL YES JOHANSON NO PHELPS YES SAUL NO *MOTION FAILED. Mayor Todd advised Council that the Water System is running in the red; the ordinance needs to be passed. Mrs. Kristofferson said at the end of October, it was $27,000 in the red. It runs about $15,000 each month. 3o tis MOVED BY HARRIS, SECONDED BY SAUL, THAT THIS ORDINANCE BE PLACED ON THE AGENDA FOR THE COMMITTEE OF THE WHOLE OF DECEMBER 22, 1980.* Councilman Bohrer suggested Council try to resolve these problems tonight. If the discussion is about the rates, let's fix them now. *MOTION FAILED. MOVED BY HARRIS, SECONDED BY SAUL, THAT SECTION 7(a)-- CONNECTION INSTALLATION FEES BE AMENDED TO READ $600 INSTEAD OF $750.* Councilman Phelps noted that historic data from the Public Works Department shows the average cost of an installation was $750. In support of the Utility, she said she felt the $750 was a legitimate cost. Councilman Saul noted that in three years there havF been only 4 or 5 installations per year. With this few, it is hard to get an accurate figure. Mr. Jerry Knudson, audience, said he is a utility contractor and agrees with Harris and Saul that $750 is too much. He has bid $225 -$300 on many installations. $750 for a single family resi- dence is too high for that service. *MOTION CARRIED WITH PHELPS VOTING NO. Councilman Harris noted that the standby fees have been increased 2 1/2 times. This is for water used for fire protection only. Most of the buildings that pay this fee have never used any water. 2 1/2 times is excessive, it is not fair. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT SECTION 24b (d) BE AMENDED TO READ AS FOLLOWS: SIZE OF SERVICE SERVICE CHARGE 2 inch 3 inch 4 inch 6 inch 8 inch 10 inch 4.00 6.00 8.00 $12.00 $16.00 $30.00 MOTION CARRIED WITH HILL AND PHELPS VOTING NO. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT ORDINANCE NO. 1190 BE APPROVED AS AMENDED. MOTION CARRIED WITH PHELPS VOTING NO. TUKWILA CITY COUNCIL, REGULAR MEETING December 15, 1980 Page 6 ORDINANCES Cont. Ordinance #1191 Establishing pro- cedure for the use of temporary water meters RECESS: 8:40 p.m.- 8:45 p.m. Ordinance #1192 Providing for a cumulative reserve fund for replacing plant equipment for water system Ordinance #1193 To increase City Metro Rate. Ordinance #1194 To provide reduced Metro Rates for Senior Citizens Ordinance #1195 Fixing the amount of Tax Levies nec- essary to raise funds to meet ex- penditures for 1981 MOVED BY SAUL, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read an ordinance of the City of Tukwila, Wash., establishing procedure for the use of Temporary Water Meters. MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE N0. 1191 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY HILL, SECONDED BY JOHANSON, THAT COUNCIL RECESS FOR FIVE MINUTES. Mayor Todd called the regular meeting of the Tukwila City Council back to order with Council Members present as previously reported. MOVED BY SAUL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read an ordinance providing for a cumulative reserve fund for the purpose of renewing replacing plant and equipment for water system. MOVED BY SAUL, SECONDED BY HARRIS, THAT ORDINANCE NO. 1192 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read an ordinance of the City of Tukwila, Wash., amending Ordinance 934 repealing Ordinance 1136 to in- crease City Metro Rate. MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE N0. 1193 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read an ordinance of the City of Tukwila, Wash., amending Ordinance 1164 TMC 14.16.065 in order to provide reduced Metro Rates for senior citizens. MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE NO. 1194 BE ADOPTED AS READ. MOTION CARRIED. MOVED BY SAUL, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read an ordinance fixing the amount of tax levies necessary to raise funds to meet the estimated expenditures for the year, 1981, as required by RCW 35A.84; authorizing the Finance Director to certify such budget or estimate of the amount to be raised by taxation on the assessed valuation of the property located within the City of Tukwila, Wash., declaring an emergency. MOVED BY SAUL, SECONDED BY HARRIS, THAT ORDINANCE N0. 1195 BE ADOPTED AS READ.* Councilman Bohrer noted that the property tax is a very important part of the city's revenue which is limited by State Statute. The lid is presently 6 With the current economic conditions, personnel costs are twice that. It gets increasingly difficult to make the city's budget balance. The only alternative is to find other revenue sources or decrease services. TUKWILA CITY COUNCIL, REGULAR MEETING December 15, 1980 Page 7 ORDINANCES Cont. Ordinance #1195 Fixing the amount of Tax Levies nec- essary to raise funds to meet ex- penditures for 1981 (cont.) Ordinance #1196 Concerning the licensing of busi- nesses within the boundaries set- ting fees Amend Agenda Proposed Ordinance Establishing the separate depart- ments of Planning, Building Recreation The AWC has set a goal to attempt to get the law changed. Council- man Harris pointed out that if the City could get the full 6 the amount would be $2,529,651, however, by using the formula de- vised, you get the lesser of the two which is $1,472,549. *MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read an ordinance of the City of Tukwila, Washington, establishing business license fees and late penalties and repealing Ordinance No. 537, Section 2, 3, 5. MOVED BY SAUL, SECONDED BY HILL, THAT ORDINANCE NO. 1196 BE ADOPTED AS READ.* Councilman Harris asked if anyone figured how much revenue this will generate. Councilman Phelps said she figured $100,000. 30y7 Mr. Ed Bauch, Tukwila citizen, said council should be commended for balancing the budget and the method used. He suggested that in the Underground Street Program, the only item left is Macadam Road from Southcenter Boulevard to South 144th. This has been consistently placed in the Six Year Street Program as an arterial improvement. It would probably qualify for U.A.B Funds. Also, Macadam Road, at least 1/2 of it, has a common boundary with the County. In the past, we have not had undergrounding projects where the boundary is common with the County. It is unwise to even start the engineering on this when there are other areas in the City that fully qualify for the undergrounding program, and these should be taken care of. The undergrounding has been com- pleted in the McMicken Heights area, but there are still some streets that need to be improved. The $30,000 should be trans- ferred to South 160th between 53rd and 54th. He pointed out that Council should be aware that the actions of the King County Assessor's Office of reassessing the single family homes has transferred the major tax burden from the Business to the Residential area. This will have to be supplemented with taxes on the businesses. *MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT ITEM J BE CONSIDERED AT THIS TIME. MOTION CARRIED. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read an ordinance of the City of Tukwila, Wash., repealing the provisions of Ordinance No. 973 and establishing the separate departments of Planning, Building, and Recreation in the City of Tukwila. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilman Harris said she does not feel this is the way to go. We are not doing the right thing by eliminating one Department Head and making three others, and that is what we are doing with this ordinance. Councilman Bohrer said he also opposes this ordinance. The City has lived with this organization since Mr. Stoknes left the City on January 31, 1980, and we have had a disaster in terms of being able to handle the land use problems in the city. This is exemplified by items which repeatedly appear on on the agenda; specifically Sunwood, Chartwell and the Sign Code. They came before us each week with essentially no change. In some cases, we made changes and it came back opposite to the way Council had expressed an opinion. This posiiton is essential to the City. TUKWILA CITY COUNCIL, REGULAR MEETING December 15, 1980 Page 8 ORDINANCES Cont. Proposed Ordinance Establishing the separate depart- ments of Planning, Building Recreation (cont.) The Mayor is currently part time and this is creating three new Department Heads to report directly to him, which means more of his time must be spent supervising those than just one 0.C.D. Director. Mayor Todd requested that Council not abandon this ordinance for several reasons. Part of the chaos can't all be blamed on the administration this year. The Acting Planning Director served reluctantly on a temporary basis. All during this period, the Administration has waited patiently for Council to approve a Planning Director position. To date we are sitting where we were nearly a year ago. The City can't operate without designating a Planning Director on a permanent basis. If you don't approve the position, we are going to be as bad or worse off next year. Where do you find a person qualified to be 0.C.D. Director that knows the principals of operating Building, Planning and Recreation Departments. *MOTION FAILED WITH HILL AND PHELPS VOTING YES. 3 0 1 1 Councilman Bohrer noted that, at the last Committee of the Whole meeting, there was discussion about the chaos in these Departments and that Mayor Todd thought: he was responsible. He asked for the opportunity to attest the charge. Mayor Todd told him to proceed if he felt it was a matter that should come before the Council. Councilman Bohrer explained that the issue was precipitated by a memorandum he sent to the Building Offical asking for information regarding a site on Interurban Avenue owned by the Mayor. Mayor Todd volunteered he is part owner of the property. Councilman Bohrer said he requested information on the actions taken on this particular site regarding fill. He asked if the fill was allowed at 21 feet; has the level been exceeded; how was the elevation determined; has the city -owned Maule Avenue been filled; was per- mission granted to do this and has grading and fill on the site encroachwo on the river zone. He said he expected to get the in -house data from the public official. Mayor Todd requested that Councilman Bohrer read into the record the memorandum being referred to so everyone knows what the report consists of. Councilman Bohrer read the memorandum dated 12/8/80 from Al Pieper to Bud Bohrer; subject "Your memo dated 12/7/80." (Memorandum and attachments are made an official part of these minutes.) Councilman Bohrer continued to explain the circumstances. In checking with Mr. Pieper, he found that Mr. Pieper had inspected the site, determined there were probable grounds for the violations mentioned -the fill in the river zone and the fill level in excess of 21 feet. He returned to City Hall and discussed the subject with the Mayor. After that he and the Junior Engineer returned to the site for an initial survey. Upon finding deviations from the 21 feet, they made a second survey. It is normal procedure to ask the Developer of the site to conduct the survey, stake the site and ask the City to inspect for violations. Councilman Bohrer noted that a survey was conducted at City expense which benefited a pri- vate citizen. He referred to a report he had written and noted that it states that he feels the Mayor has a specific conflict of interest problem at this site and at two other sites along the river. Mayor Todd insisted that the document referred to be read into the record. Mayor Todd yielded the floor to Mr. Jerry Knudson, audience, who is part owner of the property in question. Mr. Knudson discussed the problems and just how much benefit they derived from the surveys. They have lost considerable money be- cause of them. They are trying to live within the limits that have been established by the City, by King County Hydraulics, the Shoreline Management Act and all the other rules and regulations. TUKWILA CITY COUNCIL, REGULAR MEETING December 15, 1980 Page 9 ORDINANCES Cont. Proposed Ordinance Establishing the separate depart- ments of Planning, Building Recreation (cont.) Mayor Todd: Councilman Bohrer: 3 0 L1 q In hauling dirt you must establish a haul route and you have to be up above the fill area. This is what Boulevard Excavating was doing. The reason for the height of the road is to dump the dirt and bull doze it off. He said he doesn't want there to be con- flicts with the City, with the Mayor's Office, with the Council or anyone else. He would like to fill this piece of property and make a suitable site for building; a suitable site for increased revenue in the City; a suitable site for more jobs. He said he recognizes that Councilman Bohrer honestly studies the Council agendas and spends a great deal of time. He disagreed that they have received any special benefits. There have been a minimum of 10 or 12 man hours from the Department Heads in the City addressing a problem that is not really a problem. The fill hasn't been completed. How much loss is this to the residents of the City. He said he would like to work with the City and try to present something that is favorable to the City and will enhance the Interurban Corridor. Mayor Todd stated that he is not wealthy enough or foolish enough to spend the money that it would cost to raise the elevation of the property any further than the minimum. Dirt costs money. If there is some dirt in the river zone, it will be removed. If there is dirt on Maule Avenue you don't want there, they will take it out. He said he did not send Al Pieper down there to do any- thing. They want to cooperate with the City. Mayor Todd said this is a serious charge. Councilman Bohrer agreed the Mayor should have the opportunity to review what he has said. He read the following recommendations: 1. Put this entire topic on the agenda of the Committee of the Whole meeting of January 12, 1981 for a thorough discussion of the status at these three developments. 2. Ask the City Attorney for an interpretation of the Washington State conflict of interest and appearance of fairness laws as they apply here, plus an opinion on whether the Mayor has the power to exclude Council access to the staff, for presentation at that meeting. 3. That we, the council, increase the professional services line item in the council budget, and I propose the amount be in- creased to $30,000, to provide for additional staff help, special consultants, and /or legal assistance, as may be necessary. He continued to read, "The issues of the powers of the Mayor versus those of the Council and the issue of Mr. Todd's conflict of interest have been continuing sources of disruption of city business for the year, 1980. I want to resolve these issues and remove the Council from the role of 'watchdog' over city affairs. When that is ac- complished, we can all devote our energies to more productive tasks in governing the city." Councilman Phelps said she objected to Councilman Bohrer's state- ments being representative of the Council's comments when she has not had a chance to review the material. Councilman Bohrer said the comments made and the memorandum are his efforts alone and he accepts the responsibility. V E R B A T I M May I ask you a further question, Mr. Bohrer? During recess did you give a copy of this statement or any contents included in the statement to one of the owners of the Village Green Apartments? I did not, sir. TUKWILA CITY COUNCIL, REGULAR MEETING December 15, 1980 Page 10 VERBATIM-Cont. Mayor Todd: Councilman Bohrer: RECESS: 9:40 P.M. Ordinance #1197 Adopting the annual budget for the fis- cal year, 1981 You had no conversation with Don Richmond who is in the audience with his wife regarding this subject. Absolutely not. VERBATIM CONTINUED ON SEPARATE SHEET. Mr. Don Richmond, audience, asked to speak, and Mayor Todd said he would have to consider it out of order. Mr. Ed Bauch, audience, interrupted and said that this was not out of order. Mayor Todd asked Mr. Bauch to leave the room. Council recessed for ten minutes. Mayor Todd called the meeting back to order and offered Mr. Richmond the chance to speak. Mr. Richmond said he and his wife were innocently attending this budget hearing. He said he cannot come to the City Council meetings and be suspected of an underground movement. He said Mr. Bohrer honestly has to ask "Who is Don Richmond I have never personally, and let this go on record, addressed Mr. Bohrer, sat over coffee, been in his home or had any discussion with him and I am sure he will concur. Mayor Todd apologized and said he assumed Mr. Bohrer visited with him the morning he was down at their property with Wes Jorgenson. Mr. Richmond said with the vast amount of problems in the City, it was interesting that on Friday the Mayor of the City personally delivered a message to me that I am in violation of the Shoreline Act because I built a small cabana to house our new swimming pool equipment at the Village Green. Mayor Todd said it does require a permit and Mr. Richmond acknowledged that it dges. He said he considered it a form of harassment when I hadeen amply notified by the Building Inspector. MOVED BY SAUL, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Deputy Attorney Carlson read an ordinance adopting the annual budget of the City of Tukwila, Washington, for the fiscal year, 1981. MOVED BY SAUL, SECONDED BY HARRIS, THAT ORDINANCE NO. 1197 BE ADOPTED AS READ.* 3 o so MOVED BY BOHRER, SECONDED BY SAUL, THAT LINE ITEM 001/511.60.31, PROFESSIONAL SERVICES, IN THE CITY COUNCIL BUDGET BE INCREASED TO A TOTAL OF $30,000 AND THAT THE REVENUE BE ACHIEVED BY INCREASING THE REVENUE ESTIMATE FROM THE HALF CENT SALES TAX. Councilman Bohrer said there are a number of alternatives the funding could be used for; as mentioned earlier the issue of what the Council's powers are and what the Mayor's are. One way to solve this is get a professional consultant in to help us under- stand and reach an agreement. This issue has come up numerous times. Councilman Saul suggested raising it to $19,070; that should be sufficient. Councilman Phelps said she is not sure why Council is increasing it at all. Council took the stand on the budget to cut expenditures as much as possible to balance the budget. If you refer to the R.C.W., there are some clear definitions of the duties of the Mayor and responsibilities of the City Council. She said she felt it irresponsible. PARTIAL VERBATIM CONTINUED December 15, 1980 Tukwila City Council, Regular Meeting Page 9A Mayor Todd: Thank you. Make sure that remark is also recorded -or that answer. Councilman Bohrer: For my information, who is The only man in the audience with his wife is the gentleman in the back; are you Don Richmond? Don Richmond: I would like to speak if I may. Mayor Todd: I really think, Mr. Richmond, I'm going to consider your speech out of order. -00 N FUS 10N Ed Bauch: You are out of order! Mayor Todd: Mr. Bauch, you can leave the room. Ed Bauch: I'll go because I don't want to be in here with a dictator. Mayor Todd: Goodbye Mr. Bauch. Don Richmond: Mr. Mayor, you brought your monkey and It is my turn to speak. Mayor Todd: I beg your pardon, who did I bring? Don Richmond: Well, you had- Mayor Todd: You are out of order, Mr. Richmond, please sit down! Ed Bauch: Dictator. Mayor Todd: Good night, Mr. Bauch. George Hill: Let's take a ten minute break. Don Richmond: Can I clear up this issue? Mayor Todd: No, Mr. Richmond, you cannot stand before this body and insult a gentleman in this audience and insult me the way you have, so please sit down. You're out of order. We are on a break. 3o'/ TUKWILA CITY COUNCIL, REGULAR MEETING December 15, 1980 Page 11 ORDINANCES Cont. Ordinance #1197- Councilman Bohrer said he understands, at a prior time, where the Adopting the annual Mayor and Council were at odds, the City Attorney was bound to budget for the fis- support the administration Council then had to seek independent cal year, 1981 legal assistance. Councilman Phelps asked if Council is creating (cont) a situation where they need to hire their own attorney. Mayor Todd said he doesn't see a problem. If there is one, he doesn't know about it and he does not have a conflict of interest. Councilman *ATTORNEY CARLSON: Hill said he does not see why Council needs the Professional Services, "I didn't understand but we do need someone to come in and explain the legislative duties there was any deci- and the administrative duties. He said he could remember in the sion that the City past when staff had eight bosses to answer to. Councilman Johanson Attorney was bound said he can recall when Council was restricted from speaking to to support the Mayor, the City employees. Mayor Todd explained this is what happens. but I know, under Council members go to a staff member and give him orders. Council the circumstances man Harris said every council members has a right to ask for infor- that were present mation and not to tell the person it is their job to do it. No in that instance, place does it say you have to go through the Mayor first. Mayor the Council had the Todd said if any council member has an extensive request that will right to seek out- take much time, he wanted to know about it. side legal Council. I am not sure about MOTION FAILED. what circumstances give rise to that MOVED BY HARRIS, SECONDED BY SAUL, THAT $10,000 BE ADDED TO THE right." CITY COUNCIL PROFESSIONAL SERVICES TO MAKE IT THE ORIGINAL $19,070 AND THE HALF CENT SALES TAX BE INCREASED BY THE SAME AMOUNT. MOTION CARRIED WITH HILL VOTING NO. Mayor Todd asked Council to consider funding the Planning Director position. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE SALARY FOR THE OFFICE OF COMMUNITY DIRECTOR POSITION (PAGE 30) BE INCLUDED IN THE BUDGET AT A GRADE 2, ENTRY LEVEL, THAT THE MISCELLANEOUS SUPPLIES OF $1,000 BE ALLOWED AND THE REVENUE BE OBTAINED BY INCREASING THE HALF CENT SALES TAX. Councilman Bohrer said the position is a Grade 2. He offered that $1,000 for miscellaneous services should be adequate. *MOTION CARRIED WITH HILL AND PHELPS VOTING NO. MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE MAYOR'S SALARY REMAIN AT THE 1980 LEVEL WITH AN INCREASE GRANTED AT THE SAME RATE AS THE DEPARTMENT HEADS RECEIVE. *MOTION CARRIED WITH HILL VOTING NO. *MOTION CARRIED TO ADOPT THE 1981 BUDGET AS AMENDED WITH HILL VOTING NO. Mayor Todd said it is unfair and not prudent judgment to expect the Chief Administrative Officer of this City to serve as Mayor and accept the responsibility without being paid for it. It is a crime that we have a $9,000,000 budget and a $900 a month Chief Executive Officer. It does not make sense. Councilman Hill said there are a lot of business people and citizens that feel our town needs a full time Administrator whether it be an elected official or a City Manager. Councilman Johanson agreed and said the thing he has found is the people want a professional person as the full time Administrator. He said he would support the City Manager form of government. Councilman Bohrer explained that the subject of the change of government was considered by the Council shortly before the last filing for election. It was felt that the people should have the opportunity to vote. Mayor Todd notified Council that he will veto the ordinance because he feels very strongly about the Planning Director position. We will be in a state of chaos if we don't approve this position. I have to run the Departments as I feel they should be managed. TUKWILA CITY COUNCIL, REGULAR MEETING December 15, 1980 Page 12 Thanks to Council SPECIAL MEETING: RESOLUTIONS Resolution #772 Authorizing the Mayor to sign labor agreement with Teamsters #763 (Supervisor's Unit) for 1981 -82 DEPARTMENT REPORTS Mayor's Report ADJOURNMENT 10:45 P.M. Councilman Saul thanked Council and Administration for the many extra hours that were spent in putting the budget together. It has been a real hard year. MOVED BY SAUL, SECONDED BY PHELPS, THAT RESOLUTION NO. 772 BE ADOPTED AS READ. MOTION CARRIED. Mayor Todd referred to the Acting Finance Director's report of investments for the month of November. Interest amounted to $16,619.99 based on the following activity: Investments Sold $3,086,000 Investments Purchased $3,012,000 City Clerk 3°5.3 Mayor Todd said he is concerned about next year. We are going into the next year with all of the labor contracts signed, so we know precisely what it will cost. We have not provided for continuing funding for several projects that have been delayed and I am disappointed we did not get them started. The 1981 budget is going to be difficult without passing some new revenue ordinance. Council decided to meet in Special Meeting, Thursday night, December 18, 1980 at 7:00 p.m. to discuss the Mayor's veto of the proposed budget ordinance. MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Deputy City Attorney Carlson read a resolution authorizing the Mayor to sign the labor agreement between the City of Tukwila and Teamsters Local Union No. 763, representing the Supervisor's Unit for the years 1981 and 1982. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL ADJOURN. MOTION CARRIED.