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HomeMy WebLinkAbout1980-07-28 Committee of the Whole MinutesJuly 28, 1980 TUKWILA CITY COUNCIL 7:00 P.M. COMMITTEE OF THE WHOLE MEETING CALL TO ORDER APPROVAL OF MINUTES PUBLIC HEARING Prop. Annexation 4526 So. 135th DISCUSSION Request for Waiver Harold Wynn property located on north side of S. 152nd between Macadam Rd. 57th Ave. So. Request for rezone of 5 ac. site to R -4. *MOTION CARRIED. M I N U T E S c Y57 City Hall Council Chambers Council President Saul called the Tukwila City Council Committee of the Whole Meeting to order. ROLL CALL OF COUNCIL L. C. BOHRER, GEORGE D. HILL, REID JOHANSON, DORIS PHELPS, Council MEMBERS President DAN SAUL, GARY L. VAN DUSEN. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE JULY 14, 1980 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. MOTION CARRIED. Mark Caughey, Planning Department, stated the property owner who had requested the annexation, has sold the property. Future consideration of the annexation should be at the request and discretion of the subsequent property owner. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE PUBLIC HEARING ON THE PROPOSED ANNEXATION BE TABLED. MOTION CARRIED, WITH VAN DUSEN VOTING NO. Kathy Figon, representing R. W. Thorpe and Associates, said they have a conceptual site plan for the property. They feel an environmental analysis should be done before specific conditions can be determined. The City topography map is not accurate and a better map is necessary. Councilman Van Dusen asked if the environmental analysis would include a test hole bore? Kathy Figgon said it would, they wish to do a complete environmental analysis. Councilman Bohrer said the site maps show four buildings in the north east corner of the site. He asked about access to these buildings. Kathy Figon said it would be pedestrian access, vehicular access would be the parking lot. She said the site plan presented is just a conceptual plan. Councilman Van Dusen said he felt there was a problem with the buildings in the northeast corner, too. That area is a hill, it is steep and wooded. It has been the City's experience, from similar developments, that the corner will be devastated. There are some nice trees there that should be preserved. Kathy Figgon said the dimensions of the area are 330 feet by 660 feet, approximately 5 acres. MOVED BY PHELPS, SECONDED BY HILL, THAT THE WYNN REQUEST BE ON THE AGENDA OF THE AUGUST 4, 1980 REGULAR COUNCIL MEETING. Councilman Bohrer said the map indicates that another corner on the south boundary might cause concern. Kathy Figon said she walked the site and it did not seem very steep. The topography is not the same as shown on the map. Councilman Bohrer said that fact points out the need for more detailed information. John Potter, R. W. Thorpe and Associates, said they are proposing to provide a complete environmental analysis before the rezone. It will address steepness, soils, and other concerns. They are asking to be allowed to go ahead and present studies conditioned on the environmental analysis. He said they were offering to provide the environmental analysis. The rezone will be contingent upon the analysis. Councilman Bohrer asked if they would accept Staff recommendations. Mr. Potter said they have discussed the matter with Mr. Caughey, Planning Department, and they are willing to accept Staff conditions. They are willing to work with Staff. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING July 28, 1980 Page 2 DISCUSSION Contd. Request for Budget MOVED BY HILL, SECONDED BY JOHANSON, THAT THE REQUEST FOR BUDGET Transfer to fund TRANSFER TO FUND PROJECT PLANNER AND GRAPHIC INTERN THROUGH Project Planner DECEMBER 31 TO ENABLE COMPLETION OF REVISED ZONING ORDINANCE TEXT, Graphic Intern thru MAP MATERIAL AND ENVIRONMENTAL IMPACT STATEMENT BE ON THE AGENDA 12/31 to enable comp- OF THE AUGUST 4, 1980 REGULAR MEETING. letion of rev. zoning ord. text, map material EIS. Corrective improve- ments to public /private properties on So. 180th to Doce's Furniture Store. Prop. Ord. author- izing Planning Commission to act as Bd. of Architec- tural Review on ad- vertising signs. S4 Mark Caughey, Planning Department, said when the budget was passed they did not know there would be so many Planning Commission meetings concerning the zoning ordinance. The Project Planner and Graphic Intern are working 30 hours a week rather than the 15 hours per week that was budgeted. Fred Satterstrom, Project Planner, would like to be assured that the City will be able to keep him through the end of the year, as he has had other offers of employment. If the program is changed in any way it will result in the project being pushed back. If this is the case we will have to stumble along with the waiver process. He said he felt it was in the best interests of the City to approve the budget transfer. Councilman Bohrer said he would like the City Council to make a commitment to these two employees, not just through the preparation of the zoning ordinance but through its passage by the Council We will need their expertise when it is discussed by the Council for final passage. The zoning ordinance was started in 1975. Councilman Phelps said when this matter was discussed in committee, they were supportive of getting it through. She said administration is working on a new organization plan and she wondered if Council should delay action on the budget transfer until this information is available. It could be considered in August. Council President Saul said he would suggest giving approval to the budget transfer for these two positions until the zoning ordinance is passed. *MOTION CARRIED. Ted Uomoto, Director of Public Works, stated Mr. Doce is ill and cannot be in attendance at the meeting. He has requested that the matter be tabled until the next Committee of the Whole Meeting. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE CORRECTIVE IMPROVEMENTS TO THE PUBLIC /PRIVATE PROPERTIES ON SOUTH 180TH STREET TO DOCE'S FURNITURE STORE BE CONSIDERED AT THE COMMITTEE OF THE WHOLE MEETING ON AUGUST 11, 1980. MOTION CARRIED. Prop. Res. accepting Larry Hard, City Attorney, said he had made some changes in the grant of easement easement and the final draft will be submitted to the City tomorrow. for public access to, A fire lane is needed and the grantor wants to use the trail. They use of, portion of will have to help provide the first layer of the fire lane. In Green River Shore- the future anyone coming through will have to pay the costs of line Trail System. restoration. They will provide for the landscaping up to the edge of the trail. MOVED BY HILL, SECONDED BY PHELPS, THAT THE PROPOSED RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR PUBLIC ACCESS TO, AND USE OF A PORTION OF THE GREEN RIVER SHORELINE TRAIL SYSTEM BE ON THE AGENDA OF THE AUGUST 4, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Larry Hard, City Attorney, said he thought the revised ordinance was good. He talked to the Chairman of the Planning Commission and he was satisfied with the revised ordinance. Councilman Bohrer said he found the revised ordinance difficult to interpret. He wondered about the definition of "an integral part of the main building design." City Attorney Hard said that is a difficult question, but no one has taken the City to court over the interpretation of it. Councilman Bohrer said he would like to have next to the last sentence in A(2) explained. Attorney Hard said that is part of the old code. Councilman Van Dusen said it TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING July 28, 1980 Page 3 DISCUSSION Contd. Prop. Ord. author- izing Planning Commission to act as Bd. of Architec- tural Review on advertising signs contd. Possible Joint Block Grant Project w /King Co. use of 1981 Population Funds. Budget Transfer No. to repay interfund loan all costs incurred on LID #28. fS7 allows one free standing sign per building. When the second building is supportive of the first, then you cannot have a second sign. For example, if Jafco had a warehouse next to them, they could not have a second sign. The Planning Commission may grant exceptions. Councilman Bohrer said the last sentence causes concern to him. We might be allowing more signs and larger signs that are not within the normal size. Council President Saul said you could have a larger free standing sign than one that is attached. In the old ordinance you could have a free standing sign and one on the building. Now you can put two on the building as long as they are facing separate streets. Councilman Van Dusen said we are giving the Planning Commission the right to approve and make decisions on the signs. The Council will give them guidelines and they make the judgments. Councilman Phelps said she thought the title of the ordinance should be changed to eliminate the words "act as Board of Architectural Review." MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE TITLE OF THE PROPOSED ORDINANCE READ: "AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE PLANNING COMMISSION TO REVIEW ADVERTISING SIGNS, AND AMENDING ORDINANCE NO. 773, SECTION 011, PARAGRAPH 7, (T.M.C. 19.32.140)," AND THE LAST TWO SENTENCES OF SECTION A(2) BE INSERTED AS SECTION A(3), AND IT RE ON THE AGENDA OF THE AUGUST 4, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED, WITH BOHRER VOTING NO. Councilman Bohrer, Chairman of the Community Affairs Committee, said King County will cooperate with matching funds to construct a park which is part of the upper Foster Park at the northwest side of the City. The proposal is to build a youth pla, field similar to the ones on private property. Don Williams, Recreation Depart- ment, says it is not possible for King County to construct the park. They are still willing to match funds, but not provide the labor. The estimate is $34,000. There is an overall contingency of $2,000. We will know if we can construct it for that amount when we go out to bid. The property is not located within the City limits, but this will not prohibit the project from qualifying. The City will have control over the facility. Councilman Phelps said the Council has discussed possible annexation of that area as requested by the school district. MOVED BY PHELPS, SECONDED BY HILL, THAT IF KING COUNTY DEVELOPS THE PROJECT THEY BE DIRECTED TO DESIGN THE PROJECT WITH CONSIDERATION FOR THE LOWEST MAINTENANCE POSSIBLE SO IT WILL NOT BE A PROBLEM FOR THE CITY TO MAINTAIN. MOTION CARRIED. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THE POSSIBLE JOINT BLOCK GRANT PROJECT WITH KIND COUNTY BE ON THE AGENDA OF THE AUGUST 4, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Councilman Phelps said the Budget Transfer of $78,676 is to repay the interfund loan and all costs incurred on LID No. 28. As soon as this is taken care of we can proceed with LID No. 30. Councilman Bohrer asked if any of the costs could be salvageable. City Attorney Hard said he did not believe there are any costs that would be salvageable. Mr. Uomoto, Director of Public Works, worked with URS when the preliminary on LID 30 was done. Councilman Phelps said the boundaries and scope have changed on LID No. 30. Mr. Uomoto said he did not have any background informa- tion on LID No. 28, as it was prior to his employment with the City. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE BUDGET TRANSFER TO REPAY INTERFUND LOAN AND ALL COSTS INCURRED ON LID #28 BE ON THE AGENDA OF THE AGUUST 4, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING July 28, 1980 Page 4 DISCUSSION Contd. Need for additional shelving to complete book display areas in Tukwila Library. Prop. Ord.- providing for accrual of sick leave on monthly basis for City employees. Council President Saul said the Tukwila Library needs additional shelving to complete the book display areas. The amount needed, approximately $1,100 can be taken from the Building and Land Acquisition Fund. MOVED BY PHELPS, SECONDED BY VAN DUSEN, THAT THE BUDGET TRANSFER MOTION FOR THE PROPOSED SHELVING BE ON THE AGENDA OF THE AUGUST 4, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. Councilman Van Dusen said Pat Lowery, Crime Prevention Officer, previously reported that the library can be broken into very easily. Councilman Phelps stated the Historical Society is storing their things in the vault that is fireproof. Councilman Van Dusen asked if the building is going to be restored to its original state? Councilman Phelps said there are plans that have been developed for a community park there. Council President Saul said the restoration and park have never been listed on the goals of the Council. MOVED BY PHELPS, SECONDED BY BOHRER, THAT THE SECURITY OF THE TUKWILA LIBRARY BUILDING BE REFERRED TO THE PUBLIC SAFETY COMMITTEE. MOTION CARRIED. City Attorney Hard said basically you cannot change conditions of employment without contacting the unions. Shirley Kristofferson, Acting Finance Director, said actually this is an increase in benefits as they will get sick leave after three months instead of the previous six months. City Attorney Hard said it seems the unions should be notified of this change. Councilman Phelps, Chairman of the Finance and Personnel Committee, said an employee could be injured on the job during the probationary period and this would enable them to get sick leave; it would permit administration to monitor possible abuse of sick leave within the probationary period; probationary employees do get sick and they have to wait six months before they even get one day of sick leave. Councilman Van Dusen thought the proposed ordinance should be routed through the concerned unions. Council President Saul said the ordinance basically is for the non -union employee. Councilman Phelps said this item has been discussed by staff for the past two or three years. Councilman Johanson said he saw no reason to change the accrual of sick leave to three months. Councilman Phelps said this request for a change had come from Administration. If you are a probationary employee and you are injured on the job, you would not receive any compensation for three days. The amount of sick leave is not being increased, it would just make it possible for an employee to get the sick leave after three months of employment. Councilman Hill said he thought there were other ways to monitor the misuse of sick leave. MOVED BY VAN DUSEN, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE PROVIDING FOR ACCRUAL OF SICK LEAVE ON A MONTHLY BASIS FOR TUKWILA CITY EMPLOYEES BE ON THE AGENDA OF THE AUGUST 4, 1980 REGULAR COUNCIL MEETING. Councilman Bohrer stated the accrual of sick leave goes on until 90 days is accrued. It seems the 90 days should apply to the first year and after that a lump sum be given the employee. Councilman Phelps said this does not change the amount of sick leave or the way it is accrued. It just gives the probationary employee three days of sick leave at the end of three months of employment, in case he needs to have it. This does not increase the cost of operation to the City. Councilman Bohrer asked if an employee gets ten or twelve days of sick leave a year. Councilman Phelps said they get twelve days a year. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING July 28, 1980 Page 5 DISCUSSION Contd. Prop. Ord.- providing for accrual of sick leave on monthly basis for City employees contd. Prop. Ord. requiring certain procedures to be followed in the hiring of Dept. Heads. STANDING COMMITTEE REPORTS Finance Personnel Committee OTHER Certificate of Competency Ted Freemire David Grage. Shirley Kristofferson, Acting Finance Director, said an employee gets 96 hours of sick leave during the first year of employment. The Fire Department contract gives the LEOFF employees in that Department 3 shifts of sick leave at the time of hire. This is an attempt to get something similar for the Police Department and other employees. *ROLL CALL VOTE: HILL, SAUL, JOHANSON VOTING NO; VAN DUSEN, BOHRER, AND PHELPS VOTING YES. MOTION FAILED, WITH TIE VOTE. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE PROVIDING FOR ACCRUAL OF SICK LEAVE ON A MONTHLY BASIS FOR CITY EMPLOYEES BE ON THE AGENDA OF THE COMMITTEE OF THE WHOLE MEETING ON AUGUST 11, 1980. MOTION CARRIED, WITH PHELPS VOTING NO. Councilman Hill asked why the change in procedure was being made? Council President Saul said at the present time there are three acting department heads. It was his feeling that if there is a job opening it should be advertised in a professional paper. Councilman Hill said in the last budget hearings, the Council gave instructions that if anyone quit they were not to be replaced, as it was the Council's intent to cut the budget. Councilman Van Dusen said this ordinance would provide that after 90 days an acting department head would no longer receive department head pay. The Council is interested in the expendi- ture of funds. City Attorney Hard said the legislative branch has the power to establish salaries for acting positions. Councilman Bohrer said the ordinance says administration has to advertise the department head positions that are vacant, acting department heads can compete for the position. Also, the Council can control the rate of pay for an acting department head after 90 days. Union rules do not apply to department heads. City Attorney Hard said the proposed ordinance is designed to allow the administration for the City to check qualified candidates for the job. MOVED BY PHELPS, SECONDED BY HILL, THAT THE PROPOSED ORDINANCE BE PLACED IN THE FINANCE AND PERSONNEL COMMITTEE AND DISCUSSED WITH THE ADMINISTRATIVE ASSISTANT. MOVED BY VAN DUSEN, SECONDED BY BOHRER, TO AMEND THE MOTION THAT THE PROPOSED ORDINANCE REQUIRING CERTAIN PROCEDURES TO BE FOLLOWED IN THE HIRING OF DEPARTMENT HEADS BE ON THE AGENDA OF THE COMMITTEE OF THE WHOLE MEETING TO BE HELD AUGUST 25, 1980. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Public Safety Health Committee Chairman Hill stated there would be a Public Safety and Health Committee meeting at 4:30 p.m. on Wednesday, July 30, 1980. Chairman Phelps said the salary plan review has been discussed and the committee is working with administration on current job descrip- tions. These should be completed by the middle of August. This will give the committee a basis for review and awareness of any revisions that need to be made. Changes will be made where applicable. The committee is collecting information on the merit system. They will be discussing this item at the committee meeting on July 31, 1980. Council President Saul read a letter from the Department of Social and Health Services stating that the Washington State Water and Wastewater Operator Certification Board of Examiners announced that a Certificate of Competency was being issued to Ted Freemire and David Grage as Water Distribution Managers II. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING July 28, 1980 Page 6 OTHER Contd. KJR Balloon Race Seafair Promo- tional. RECESS 9:25 9:34 P.M. Council President Saul stated KJR was sponsoring a balloon race as a Seafair promotional on Saturday. They are anticipating about 20,000 people being in the Southcenter area on Saturday. He said he believes they should have applied for a conditional use permit, also they do not have anything planned for security, medical aid, sanitary facilities. The City was not aware of this event until this date. Councilman Van Dusen said if this event is to go on we should have the aid car and police standing by, in case they are needed. City Attorney Hard said they should have a conditional use permit. The City of Tukwila should not be responsible for accidents. City Council President Saul said the added security measures would cost the City money, this expense should be borne by the enterprise. Councilman Phelps suggested the City require a Hold Harmless Agreement. City Attorney Hard said there should be an agreement between the City and the sponsor that they will pay for the overtime required and get them contractually bound. The City has to take an official position and it should be expressed through the Mayor's office. They should contact the sponsor and Southcenter management about the City's concerns and find out their willingness to pay the City for the expenses incurred. The next step would be to enact legislation so this situation can be taken care of in the future. This is being done on private property. A lot of the potential problems are not going to occur on City property. Councilman Phelps said if the sponsor has insurance perhaps they could include the City in it for this event. City Attorney Hard said the City could talk to them about that possibility. Council President Saul said he would set up a meeting for 10 a.m. on Tuesday, July 29, and talk to them about the problems that have presented themselves. Councilman Bohrer said if we cannot get the necessary protection from liability it was his suggestion that they not be allowed to hold the event. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. The Committee of the Whole was called back to order with Council Members present as previously listed. EXECUTIVE SESSION MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE TUKWILA CITY COUNCIL 9:34 P.M. 10:30 P.M. GO INTO EXECUTIVE SESSION TO DISCUSS CONTRACT NO. 79 -03 AND LID NO. 29. MOTION CARRIED. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE TUKWILA CITY COUNCIL BE CLOSED. MOTION CARRIED. ADJOURNMENT MOVED. BY_ BOHRE SE. INDED BY L, THAT THE TUKWILA CITY COUNCIL 10:31 P.M. COMMITTEE) OF T E WHOL MEET I :E ADJOURNED. MOTION CARRIED. CYity Council PresidrrDaniel J. Saul Recb rding Secretary Norma Booher