HomeMy WebLinkAbout1981-09-08 Committee of the Whole MinutesLIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, DORIS E.
PHELPS.
COUNCIL MEMBERS
PRESENT
PRESENTATION
Police Dept.
proposal for
1982 Budget
3
CITY OF TUKWILA
COMMITTEE OF THE WHOLE
September 8, 1981 Tukwila City Hall
6:30 P.M. Council Chambers
M I N U T E S
Pat Lowery, Police Chief, presented statistics on Tukwila crime
rates. The number of Part One crimes (crimes against people) are
down due to a more aggressive patrol and more intensive training.
They have a better utilization of manpower. There is new a de-
tective on from 8:00 a.m. to 11:00 p.m. They have found that
noon to 4:00 p.m. is the major accident period, primarily because
of shoppers. Traffic squads have been formed to enable double
coverage during this peak period. The K -9 unit is moved to the
shift where there is a shortage. These changes have enabled the
department to have the manpower when it is needed and has reduced
the overtime cost of the personnel. The overtime is 117 hours less
than last year. The crime picture is down. Part of this is due
to the fact that Tukwila is one of the few cities that has a man-
datory security lock requirement for apartments. 99% of the bur-
glaries in the apartments today are where the person has not se-
cured the lock.
Chief Lowery explained his 1982 budget priority list.
1. One additional K -9 unit. This has been the most cost ef-
fective program. The unit assisted in 304 total calls that re-
sulted in 5 arrests. The dog is sent out anytime a call involves
a drinking dispute or a disorderly problem. Psycologically, the
dog is a tremendous weapon. To put another K -9 on the street would
give the City continual coverage with double coverage for 35 days.
The K -9 is a commitment; if the officer should decide to leave
the city, the dog stays here. A mutual aid with the K -9 units
has been worked out with both Renton and Kent. The total years
cost would be $34,000.
2. Additional administrative position. The position would not
necessarily be a Lieutenant. The plan is to split the administra-
tive tasks between Operations and Administration. Councilman
Phelps asked if a Sergeant would be promoted to this position.
Chief Lowery explained that it would require an additional posi-
tion somewhere. The Technical Advisor position will be filled
until July 1 so there will not be a full year of that salary.
The proposal is to create the administrative position at that
time. This position would cost about $34,000.
3. Vehicles: 3 replacement cars for patrol, 1 replacement in
detectives, a new motorcycle for traffic patrol and 1 new light
bar. The total cost would be $45,300. Patrol costs are down
but the number of calls are 27% ahead of last year.
4. Upgrading of office facilities by expanding the ventilation
system and changing office space. This would cost about $8,500.
5. Purchase one new mobile radio unit for a cost of $2,500. This
unit was overlooked when the new ones were purchased.
6. Video system for training at a cost of $2,500. This would
enable the department to make their own training films.
7. Purchase of 6 new 38 caliber revolvers to assure one weapon
per person and purchase 3 new vests. At the present time, they
are three short and vests need to be purchased to fit the person.
These would cost $1,800.
Chief Lowery reported that two major expenses to the department
are jail costs and Valley Communications. He has received a
letter from King County that jail costs are going up 100 The
registration fee will go to $68 plus the $28.50 per day charge.
Valley Communications will run approximately $75,987. This in-
crease is due to an increase in services. We pay 13% of the overall
expenses. Chief Lowery reported that his men are doing a good job
and he thanked Council for their support.
TUKWILA CITY COUNCIL, C.O.W.
September 8, 1981
Page 2
COMMITTEE OF THE WHOLE AGENDA
ROLL CALL OF
COUNCIL MEMBERS
REPORTS
Mayor's Report
Council
Report
President's
Council Members
NEW BUSINESS
Proposed Ordinance
to appropriate un-
anticipated revenue
for improvements to
Library Building
Recommend final
acceptance of the
Community Center
Remodeling Project
Consideration of
use of $7,000
for Strander Blvd.
Rechannelization
MOVED BY HILL, SECONDED BY HARRIS, THAT THIS ITEM BE FORWARDED
TO THE AGENDA FOR THE NEXT REGULAR MEETING. MOTION CARRIED.
MOVED BY HARRIS, SECONDED BY VAN DUSEN, THAT THIS ITEM BE PLACED
ON THE AGENDA FOR THE NEXT REGULAR MEETING. MOTION CARRIED.
3 `f /Q
Presiding Officer Council President Van Dusen explained that his current schedule
does not allow much time for Council business. He asked to be
relieved of the presiding officer duties for the evening.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT COUNCIL MEMBER PHELPS
PRESIDE OVER THE MEETING. MOTION CARRIED.
Council Member Phelps led the Pledge of allegiance and called the
Committee of the Whole Meeting to order.
LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, DORIS E. PHELPS,
GARY L. VAN DUSEN, Council President.
Mayor Todd reported that he has received a letter from Mayor Sogabe,
Ikawa -cho, Japan. They are planning a trip to Tukwila the beginning
of November. This group will be 56 58 people and includes 43
45 9th graders.
Council President Van Dusen reported that he has received an opinion
from Attorney Hard that the City can vacate a poriton of right -of-
way. It does not have to be the whole area.
Councilman Harris reported that she attended a meeting of the
Metro Council where there has been discussion on the alternate
route Metro is considering for carrying the effluent discharge from
the processing facility. The citizens of Seahurst and Alki are
opposing the use of their areas. This leaves all the flow from
the Renton plant into the Duwamish River. She suggested that the
City go on record of opposing this and support an alternate method.
Jacob Macias, Grants Coordinator, reported that the City is re-
ceiving some unbudgeted revenue from the King County Library
System. At the present time, this money is going into the General
Fund. Mr. Macias suggested that, since these funds are for mainte-
nance, they should go toward improvements to the Library Building.
The total amounts to $2,337.57.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THIS ITEM BE FORWARDED
TO THE NEXT REGULAR MEETING AGENDA FOR ACCEPTANCE. MOTION CARRIED.
Ted Uomoto, Public Works Director, recommended that Council accept
the Community Center Remodeling Project as completed by Timothy
Perry Construction Company, Inc. Final inspection was made by
both Public Works staff and committee and it was determined the
work was completed satisfactorily. The final cost, with minor
changes during construction, was $16,367.68.
Mr. Uomoto reported that a Business Representative from Southcenter
Shopping Center has asked the City to consider modifying the traf-
fic lanes between Southcenter Parkway and Andover Park East along
Strander Boulevard to construct a left turn lane. This will reduce
the traffic hazard and congestion during peak rush hours. Con-
structing a left turn lane will not totally solve the problem, but
will help reduce the hazard. There are major plans being proposed
for a later date. The estimated cost for this modification is
$7,000. The Southcenter Representative has indicated that if the
cost runs over $7,000, they would consider paying the overage. Mr.
Uomoto said they are proposing that the work be done by a contractor;
however, doing it with City Personnel has not been ruled out.
Councilman Bohrer asked about the street width. Mr. Uomoto said
about 60 feet. This width would allow 4 eleven foot lanes and a 12
foot turning lane. The long -range plan is to widen Strander Blvd.
TUKWILA CITY COUNCIL, C.O.W.
September 8, 1981
Page 3
NEW BUSINESS Cont.
Recommend approval
of alternate source
of matching funds
for studies for
Southcenter Blvd.
Recommend award
for Consultant for
Interurban Ave.
Development Plan
RECESS:
8:07 p.m.
8:22 p.m.
Proposed Ordinance
Reclassifying cer-
tain lands from
R -3 to C -1 pro-
posed Ord. amending
the Comp. Plan
Map (P L Co.)
Mr. Uomoto reported that the City received approval of State
funds in the amount of $70,000. This requires $14,358 City
matching funds. Council approved using Forward Thrust Funds for
this purpose. King County Council must approve this before it
can be spent and the action has been delayed. Since then, the
State has allocated $158,300 toward the same project, Southcenter
Blvd. This, again, requires matching funds of $32,492. The
total project cost is $190,792. The Puget Sound Council of
Governments has expressed concern that cities are not using the
funds that have been allocated to them. They have talked of
withdrawing the money. Mr. Uomoto recommended that Tukwila
proceed with the first phase of the Southcenter Blvd. project and
not wait for King County approval. City funds can be used for
the matching portion. The first phase would run approximately
$70,000 to $80,000. It would locate the alignment of Southcenter
Blvd. and its connection with Grady Way Bridge now under design.
The final plans for Grady Way will be completed sometime in the
next six months. The City needs to be sure that the tie between
Southcenter Blvd. and Grady Way is complete. This is not a simple
study. Phase II Study would go further into real estate acquisition
and complete design and specifications.
Councilman Hill said the Public Works Committee has discussed this
project. He explained to Council the proposed new approaches to
I -405, the West Valley Highway, and to Grady Way Bridge.
MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE PUBLIC WORKS
COMMITTEE INTERVIEW 2 OR 3 CONSULTANTS AND COME BACK TO COUNCIL
WITH A RECOMMENDATION NO LATER THAN DECEMBER 1, 1981. MOTION
CARRIED.
Mr. Uomoto reported that three consultants responded to the request
for proposal for design of the Interurban Avenue Development Project.
Proposals were received from:
Horton Dennis Associates $19,980
J. J. Sleavin Associates $24,280
Centrac $33,500
Horton Dennis and Sleavin were relatively similar in their approach
in developing their plan by using combination field surveys and
aerial planimetric surveys. The Public Works Committee has reviewed
the proposals and recommends the approval of Horton Dennis and
Associates to make the Interurban Avenue Development Study. Council-
man Hill explained that this study is to set the elevations and
alignment for Interurban Avenue.
MOVED BY HARRIS, SECONDED BY HILL, THAT THIS ITEM BE PLACED ON
THE AGENDA FOR THE NEXT REGULAR MEETING FOR APPROVAL. MOTION
CARRIED.
MOVED BY HILL, SECONDED BY HARRIS, THAT COUNCIL RECESS FOR FIVE
MINUTES. MOTION CARRIED.
Council Member Phelps called the Committee of the Whole Meeting
back to order.
Brad Collins, Planning Director, reported that the new agenda
package contains revised and executed documents for the rezone
request made by P L Company to build an office building on
property north of the existing Xerox facility. (Drew Property)
MOVED BY VAN DUSEN, SECONDED BY HARRIS, THAT THE PROPOSED ORDI-
NANCES BE PLACED ON THE AGENDA FOR THE NEXT REGULAR MEETING.*
Councilman Bohrer asked if the questions posed by the citizens
of the area had been answered. Mr. John Richards, 15320 64th
Avenue South, said he briefly looked at the packet, and it ap-
pears that the concerns have been addressed.
3
TUKWILA CITY COUNCIL, C.O.W.
September 8, 1981
Page 4
NEW BUSINESS Cont.
Proposed ordinance
Reclassifying cer-
tain lands from
R -3 to C -1 pro-
posed Ord. amending
the Comp. Plan
Map (P L Co.)
(cont.)
Request by G.
Schneider for
rezone of .62
acres adjoining
Southcenter Blvd.
for office bldg.
Councilman Bohrer said that assuming we have gotten through Step
One, which is writing down all the conditions and concerns, can
we now administer those conditions so that what happens on the
ground is what is reflected in the ordinance. Mayor Todd said
that nothing is impossible. We are capable of doing anything
we are instructed to by Council action, and we will endeavor to
do that. Councilman Bohrer clarified that the agreement would
be executed and that all the requirements happen. Mayor Todd
said he sees no problem with it what -so -ever. Councilman Bohrer
said the reason for asking this question is that a group of con-
cerned citizens have asked the City to do somethings to safeguard
a piece of property. He wants to make it clear to the residents
in the area that Council is doing what it can. There is a
second step that the Administration will enforce the ordinances.
Councilman Bohrer said he has asked the Historical Society if
there is any historical merit to the old house on the property.
Mr. Lynch, P L Company, said the house is still owned by the
Drews to move off the site.
*MOTION CARRIED.
The office use is a buffering of the 405 Corridor.
3'7
Mr. Collins reported that Gerald Schneider has requested rezone
approval for 0.62 acres adjoining Southcenter Blvd. to construct
an office building. The property is currently zoned R- 1 -7.2;
the applicant wishes to modify that classification to C -1, con-
sistent with the Comprehensive Plan designation of office usage.
The application was denied by the Planning Commission, and they
have recommended that the Comprehensive Plan for the area actually
be changed from office use to single family use. The Planning
Department Staff recommends approval with certain stipulations.
Council President Van Dusen read, for the record, two letters they
had received on this rezone request. The first is from Lee R.
and Madge Phillips, 6550 Southcenter Blvd. They restate their
opposition to the request of .62 acres northwest of the inter-
section of Southcenter Blvd. and Christensen Road. They object
to spot zoning. To zone this one parcel C -1 would destroy the
residential value of surrounding properties. The former 65th
Avenue South stands as a natural buffer between business and
residential area. As homeowners, they asked Council to deny
this request. The second letter from Mr. and Mrs. A. F. Henke
urge Council to support the Planning Commission's decision to
not allow private enterprise encroachment on R -1 zoning. The
intelligence, prudence and know -how employed by citizens of the
past has allowed the City to maintain a healthy balance of in-
distrial, park, shopping center, multiple dwellings and resi-
dential areas and has kept out city a nice place to live.
Mr. Lee Phillips, 6550 South 154th, said that he is representing
himself, the Henkes, Mr. John Merrick of southwestern Washington,
and Mr. Simonds. He has lived at the present location for over
20 years. It has been R -1 zone the whole time. They intend to
continue living there if they can keep from being zoned out of
the property. When Schneider bought the property, they knew it
was zoned R -1, so they did buy it for an investment. The people
that live there have a right to have that property as they see
fit. They have all invested considerable money in their homes
and would like to see the property remain R -1. They want to
continue to live there and hope Council will go along with the
Planning Commission's recommendation that the zoning be denied.
Councilman Phelps asked if they have experienced any problems
with the existing office building. Mr. Phillips said they haven't
experienced anything except that 65th is being used as a parking
lot. It is a road and doesn't belong to Schneiders. Mr. Merrill
E. Simonds, 15460 65th Avenue South, said that he agreed to one
office building next to him and he doesn't wish to have any more.
TUKWILA CITY COUNCIL, C.O.W.
September 8, 1981
Page 5
NEW BUSINESS Cont.
Request by G.
Schneider for
rezone of .62
acres adjoining
Southcenter Blvd.
for office bldg.
(cont.)
Shimatsu request
for waiver to
develop retail
center along
Southcenter Pkwy.
At times he can't get out of his drive because of traffic. At
times the mailman has trouble getting to the box. If this office
building is allowed, we will get that much more traffic.
Mr. Collins explained that the proposed development would be
limited to access off of old 65th Avenue South. No access would
be approved to Southcenter Blvd.
Councilman Harris asked if the people are aware their property
is being considered for a change in zoning under the new Comp-
rehensive Plan. Mr. Phillips said they are and they don't want
the zoning changed.
Councilman Bohrer consulted the map and said it is shown as R -1
on the areawide zoning map but the Comprehensive Plan does show
it as Professional Office.
MOVED BY VAN DUSEN, SECONDED BY HILL, THAT A DRAFT ORDINANCE BE
DRAWN AND HAVE IT PLACED ON THE AGENDA FOR THE NEXT REGULAR
MEETING. MOTION CARRIED WITH BOHRER VOTING NO.
The applicant, A. Shimatsu, is requesting waiver approval to
develop a commercial retail center on 3.4 acres at the west edge
of Southcenter Pkwy. Currently the property is zoned for single
family residential use and is vacant. The Comprehensive Plan
designates the site "commercial." If the waiver is granted, the
applicant will request a rezone to C -2. This property is desig-
nated as an area of special development consideration due to
environmentally sensitive factors of soil condition and protection
of the wooded slope. Mr. Collins said that staff recommends ap-
proval with certain stipulations. The request is identical to
the one proposed earlier this year for a Wendy's restaurant. In
the earlier decision, Council rezoned the property to C -2 back
250 feet from Southcenter Pkwy. The applicant desires to obtain
a fill placement permit in conjunction with a favorable decision
on the waiver application.
In fairness to the applicant, staff is proposing that the issue
of granting a waiver for purposes of pursuing a rezone of the
property be considered independently from the waiver to obtain
a fill permit. Mr. Collins called Council attention to the site
plan. The critical area of concern on the Wendy property was be-
tween elevations 25 and 30. On this site plan the 250 foot line
is about the 30 foot elevation. The development pretty well stops
at the 25 foot level, but there are small encroachments. The
Planning Department's recommendation is that there be no cutting
along the toe of the slope and that the development be subject
to Board of Architectural Review.
Mr. Gary Van Dyke, Hayden Island Company, noted that the soils
report mentioned by staff is preliminary; since then, a new one
has been obtained. It has been determined that there is no neces-
sity to cut into the toe of the slope. They will remove existing
vegetation and fill the area. Councilman Bohrer asked how many
yards of fill will the project take. Mr. Van Dyke said a rough
estimate is 25,000 yards for the entire site. It is 32 acres,
about 4 feet deep. The development will be multi- tenant, retail
space of about 47,000 square feet. Councilman Bohrer asked about
the boundary and was told the line is just north of the southerly
most house. The house will be removed. He asked staff if they
have considered the impact of this amount of fill on the area.
Mr. Collins said they will have a chance to review it at a later
date. Councilman Harris asked if this amount of fill will cause
any drainage problems. Mr. Van Dyke said there is an existing
storm sewer system there which is adequate.
MOVED BY HILL, SECONDED BY HARRIS, THAT THIS ITEM BE PLACED ON
THE AGENDA FOR THE NEXT REGULAR MEETING AND INCLUDE VOTING ON
THE WAIVER CRITERIA. MOTION CARRIED.
TUKWILA CITY COUNCIL, C.O.W.
September 8, 1981
Page 6
NEW BUSINESS Cont.
Shimatsu request
for waiver to
develop retail
center along
Southcenter Pkwy.
(cont.)
9:15 p.m.
Proposed ordinance
relating to side-
walk construction
Mr. Peter Van Dyke, Hayden Island Company of Portland, Oregon,
said they are leasing the property from the family. He asked
what the procedure from here on is. Council Member Phelps ex-
plained that Council will vote on the 7 waiver criteria items
and either approve, deny or modify the waiver application. It
will then go to the Planning Commission for the rezone hearing.
Councilman Van Dusen left the meeting.
Mr. Collins explained that Council expressed concern about the
date certain included in the proposed Developer's Agreement. The
City Attorney had drafted the two agreements, one for future con-
struction and one for future participation in an LID. In his ab-
sence, Council tabled the item to this meeting.
*MOTION CARRIED WITH BOHRER VOTING NO.
Councilman Bohrer said he would like the ordinance back on the
agenda for next week.
MOVED BY HARRIS, SECONDED BY BOHRER, THAT THE ORDINANCE BE PLACED
ON THE AGENDA FOR THE NEXT REGULAR MEETING. MOTION CARRIED.
Council Member Phelps clarified that the ordinance will go to the
next regular meeting and the developer's agreement to the Public
Works Committee.
3.4
Attorney Hard explained that the problem arose when Council had
four Developer's Agreements to accept and questioned the wording
of the document. When he checked the Sidewalk Ordinance, it
needed amending. Then, he drafted the two agreements to cover the
concerns of the Council. One of the agreements will accommodate
a situation where a developer is willing to commit to wilding a
sidewalk prior to a certain date. These are just eyy to
be reviewed. The second is committing to develop the sidewalk
under an LID. Councilman Phelps cited paragraph one of the agree-
ment, the City is obligated, by a certain date, to provide written
specifications to the owner. Attorney Hard said that if the City
wants the sidewalk built by a certain date, the City has to tell
him where they want it. The first burden is on the City to give
the location. With certain rights -of -way developers are faced with
a handicap because the location and elevations are uncertain. The
idea here is to set down the sequence of events. Once the plans
are worked out the developer signs the agreement and he is obligated
to build the sidewalk by a certain date. Attorney Hard offered to
rewrite the agreement. Council Member Phelps asked if the ordi-
nance amending the sidewalk ordinance could be passed without the
developer's agreement. Attorney Hard said they could except there
is a time period of 3 years written into the last paragraph.
MOVED BY HARRIS, SECONDED BY HILL, THAT BOTH THE ORDINANCE AND THE
DEVELOPER'S AGREEMENT BE SENT BACK TO THE PUBLIC WORKS COMMITTEE
AND HAVE IT BACK ON THE AGENDA FOR SEPTEMBER 22.*
Mr. Collins urged Council to not delay this matter because there
are still some outstanding Certificates of Occupancy. Councilman
Bohrer said he wanted to get the ordinance passed as soon as pos-
sible. It is basically in good form. Whey does the City need to
specify a date certain in the developer's agreement? Attorney
Hard said that it seems to be to the city's advantage to have a
date certain when the developer is to have the work done. The
developer needs to have a date in there, but if Council wants to
leave the date out it is possible. Councilman Bohrer said that the
Council's objective has been to try and get sidewalks constructed
as rapidly as possible. Attorney Hard recommended that he delete
the last clause of the ordinance and redraft the Developer's Agree-
ment.
TUKWILA CITY COUNCIL, C.O.W.
September 8, 1981
Page 7
NEW BUSINESS Cont.
Sign Code
Revision Purposes
ADJOURNMENT:
10:15 p.m.
Mr. Collins explained that the purpose of this item on the agenda
was to allow the members of the Council, outside of the Com-
munity Affairs Committee, to have input on the proposed legislative
purpose statements. He suggested four names for the Technical
Committee. The first one is an individual nominated by the Board
of Adjustment; then the Council Intern; Mr. Seetoff, representing
the industry side and Ron Mikulski, President of the Chamber of
Commerce. These four people would help revise the sign ordinance
according to the purpose statements.
Councilman Bohrer said he felt the members for the Technical Com-
mittee are inappropriate. He would like to see three residents
to go along with the two business people. Mr. Collins said they
were trying to keep it a working committee.
Ms. Wendy Morgan, 15144 65th Avenue South, #404, said that as
Vice Chairman of the Board of Adjustment, they have not met for
two months. She asked how the Board appointed the person. Mr.
Collins said he contacted several members of the Board and re-
ceived one suggestion from one of the members. It is hoped that
the members of the Board of Adjustment will be providing the
Technical Committee with some insite. The Technical Committee
will actually be a drafting Committee.
Mr. Joe Duffie, 5332 South 140th, said that the name suggested
by the Board of Adjustment member should be struck until the of-
ficers of the Board are contacted. Being a member of the Board,
he would deny the suggestion.
Mr. Collins said they have been seeking suggestions of names to
serve on this Committee. This was an oversight not to contact
the whole Board.
Council Member Phelps suggested the Council and other members of
the Board of Adjustment be contacted for recommendations for the
Technical Advisory Committee.
Councilman Bohrer said that the Community Affairs Committee did
discuss the purposes for revision of the sign code. The City
has had a Sign Code since 1973; the key part not being enforced
was on non conforming signs. He would like to see that the code
is enforceable this time. This should be one of the objections.
Item 4 -D says "tax non conforming signs for abatement purposes..."
Taxes are not the only burden for this. He said he hopes it is
taken in a general sense. Mr. Collins said that was the intent.
MOVED BY BOHRER, SECONDED BY HARRIS, THAT THIS ITEM BE FORWARDED
TO THE NEXT REGULAR MEETING AGENDA. MOTION CARRIED.
MOVED BY HILL, SECONDED BY HARRIS, THAT THE CITY OF TUKWILA COM-
MITTEE OF THE WHOLE MEETING ADJOURN. MOTION CARRIED.
koz.
Doris Phelps, presiditlg officer
Ma in e' Anderson, City Clerk
3 412-3
TUKWILA CITY COUNCIL, C.O.W.
September 8, 1981
Page 3 of Minutes
Councilman Bohrer:
Mayor Todd:
Councilman Bohrer:
Mayor Todd:
Councilman Bohrer:
Mayor Todd:
Councilman Bohrer:
Mayor Todd:
Councilman Bohrer:
Mayor Todd:
Councilman Bohrer:
Councilman Phelps:
Councilman Bohrer:
Mayor Todd:
VERBATIM TRANSCRIPT
Proposed Ordinance -Re-
classifying certain lands
from R -3 to C -1 (P L Co.)
Then, I have one other question, I guess; one that we dis-
cussed briefly the other night and that is, assuming that
we have gotten through step one, which is the need to write
down all the conditions and get all the concerns written
down, can we now administer those conditions so that what
happens on the ground is what is reflected in this ordinance.
Are you addressing your question to me?
Yes sir, I am.
Nothing is impossible. We are capable of doing anything
we are instructed to by Council action arid we will endeavor
to do that.
You are saying, then, that you feel it is possible to execute
this agreement and be sure that all this happens.
I see no problem with it what -so -ever.
The concern that I have Mr. Todd, quite frankly, is that
the City had another ordinance which was very similar. It
included an ordinance; two such written agreements; an
attachment that had nine exhibits; it called for a twenty
foot to twenty -five foot natural growth preservation zone
along the boundary and that growth preservation zone doesn't
exist. It was my recollection, from an earlier meeting that
you had stated that that particular agreement was unenforce-
able. Now, this particular one, it seems to me, is molded
in the same pattern. My question to you is why is one un-
enforceable and the other one not?
Well, Mr. Bohrer, it appears to me that your question is
more political than sensible and I think it is unfair for
you to accuse me of not enforcing something that was done
prior to the time I became the Mayor, or at least, it was
begun at that time; so, my answer to you is, if you want
to address the question that I previously answered, fine,
but don't get politics involved in this subject, please.
Mr. Mayor, it is you who are raising the issue of politics.
I point out that the Council passed an ordinance and I can
bring forward photographic evidence, if you choose, that
says that there are buildings foundations within the twenty
foot zone; there are rockeries in the twenty foot zone; there
are ten foot fills in the twenty foot zone which were supposed
to be left as a natural growth preservation zone.
You, Mr. Bohrer, if you'll recall, and I think the record
will speak clearly to this subject; you took over the
management of Sunwood and it has been your baby since then,
and I don't think there is any doubt that's happened.
Mr. Todd, I think you have made clear on a number of occasions
who is the Administrator of the City and if there's any
problem with where the administration of Sunwood falls, I
think that's clear by law and clear by your own actions.
May we keep the discussion limited to the P L...
If I may have the administration of Sunwood and also the
administration of this particular ordinance, I would be
delighted to do that.
I suggest that if you want to officially have administrative
authority, Mr. Bohrer, you maybe should run for Mayor next
time.
VERBATIM TRANSCRIPT
P L Company
September 8, 1981
Page 2
Councilman Bohrer:
Mayor Todd:
Councilman Hill:
Councilman Phelps:
Councilman Bohrer:
Councilman Phelps:
That is precisely the point, Mr. Todd, you are the Mayor.
I refuse
Madame President, aren't we kind of getting off the subject.
We are on the subject of P L Company Comprehensive Plan
amendment and, unless Mr. Bohrer would like to make a charge
that the administration failed to enforce our ordinance, I
think that is a separate issue.
My copy of the agenda doesn't indicate any discussion on
Sunwood Project. I would suggest that we stick to the
subject of the P L Investment Corporation Rezone at hand
and attached documents.
My reason for bringing this up at this point in time is that
a group of concerned citizens have asked us to do somethings
to safeguard a piece of property they own. The point that
I am making is the Council can do what it can do, namely to
have those conditions written down and to pass them and that
we have done in the past. Beyond that point in time, it is
out of hands and that I want it clear to the residents in
that particular area who are asking Council to protect them
that we are doing what we can, but there is a second step
beyond getting it all written down,over which, despite Mr.
Todd's statements, the Council has no control. It is the
administration's task to administer the ordinance once it
is written. It is not mine by law nor have I tried to ac-
complish that in any of the things that I have done.
I believe the City Clerk has recorded the Mayor's assurances
on that issue regarding this project. Are there any further
questions on the P L Investment Corporation Project.