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HomeMy WebLinkAbout2009-07-13 Committee of the Whole MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE Council President Hernandez called the Tukwila City Council meeting to order at 7:04 p.m. Kim Cook, representing Girl Scout Troop #40829, led the audience in the Pledge of Allegiance. OFFICIALS Present were Joan Hernandez, Council President, Councilmembers Joe Duffie, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn. CITY OFFICIALS Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Jim Morrow, Public Works Director; Dave Haynes, Police Chief; Shawn Hunstock, Finance Director; Peggy McCarthy, Deputy Finance Director; Nick Olivas, Fire Chief; Don Tomaso, Fire Marshal; Mary Miotke, IT Director; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. SPECIAL PRESENTATIONS Tukwila City Council Committee of the Whole Meeting City Hall Council Chambers July 13, 2009 7:00 P.M. MINUTES Presentation of the United States Flag to Mike West. Jim Haggerton, Mayor, indicated on behalf of the City Council a request was made while the Tukwila delegation was in Washington D.C. to have a flag flown over the U.S. Capitol in honor of Donna West. Ms. West was a tireless volunteer in the community. Mayor Haggerton presented the U.S. flag and certification to Mike West and his family. Mr. West thanked the Mayor and Council for the token of appreciation in honor of his wife. CITIZEN COMMENT Matt Peters, 13552 Macadam Road South, extended an invitation to the Councilmembers to visit his home to hear first -hand the noise from Sound Transit that he has described to the Council at earlier meetings. PUBLIC HEARING Shoreline Master Program (SMP) Update and Environmental Review continued from the April 20, 2009 Regular Meeting. 7:11 p.m. Council President Hernandez reconvened the public hearing from April 20, 2009 and asked for a staff report. Carol Lumb, Senior Planner, presented an overview of the proposed Shoreline Master Program's approval process and opportunities for community participation. The public hearing was opened on April 20, 2009 and continued until July 13, 2009. The first of several work sessions for review of the Shoreline Master Program was held on July 7, 2009. Ms. Lumb indicated options for the conclusion of the public hearing are: 1) continue the public hearing until a date specified, 2) close the public hearing or 3) close the verbal testimony, and allow written testimony until July 31, 2009. Council President Hernandez indicated we are instituting a new process this evening. The City Clerk's staff will be utilizing new equipment to oversee the 5- minute time limit requirement for those individuals wishing to address the Council. There is a great deal of City business that comes before the Council, and we are implementing a more formalized process to assure critical deadlines are adhered to. Tukwila City Council Committee of the Whole Minutes July 13, 2009 Page 2 of 9 Melissa Hart, Deputy City Clerk, provided an overview of the timekeeping equipment and the process for public hearing testimony during the Council meeting. John Wanamaker, 12886 Interurban Avenue, provided written documentation for the record (Exhibit 15). He is speaking on behalf of the Association of Tukwila Shoreline Property Owners, comprised of eight property owners along the Duwamish River. One of the group's primary concerns has been the negative economic impact of the SMP, particularly the buffer provisions. The Association does not understand why the City did not undertake an economic impact study regarding the buffer changes earlier in the process. The Association commissioned a private economist to do that analysis. The Association is submitting the report for that analysis as part of this public hearing. That report finds that the SMP updates, as currently drafted, would have a significant negative economic impact on the City's revenue, including property and sales taxes, as well as other City income sources. The Association is urging the Council to pursue a more comprehensive economic impact study. The Association sees two critical issues with the proposed SMP. The first issue relates to the proposed buffers. As defined, they would create definite hardships due to lack of flexibility. The Association suggested the City look at Auburn, which has recently accepted and approved buffer policy that provides a great deal more flexibility while still protecting the river. The second issue is that the buffers would negatively impact existing or proposed development on any property either fully or partially within a buffer zone. The proposed buffer restrictions severely limit the types of new tenants that can occupy existing buildings, and require building owners to find those tenants within a very short period of time or risk losing that existing non conforming building use. Those restrictions virtually guarantee that building owners will not be able to find replacement tenants in the current economic climate. The Association is of the viewpoint that the City would not derive any benefit from the proposed SMP changes, and will be financially harmed by this approach. The Association believes the City could make reasonable language changes to the proposed buffer plans that would protect both the stream and the adjoining properties without undue economic burden to either the City or the property owners. The Association is encouraging the Council to direct City staff to consider those language changes. Richard Desimone, 7902 Eastside Drive NE, Browns Point, provided written documentation for the record (Exhibit 16). Mr. Desimone indicated his family owns property along the Duwamish River. The proposed SMP changes do not protect that community or the environment that has brought so many people here to live. Of all the specific issues regarding the SMP, he wants to address the specific issue of re- leasing existing properties under the proposed SMP. One problem is the time allowance for re- leasing existing buildings. The other is the requirement that any property retain the same basic function as the prior tenant, even if it is zoned for a more general function. The original SMP had a provision for a six -month time frame, and community members strongly objected to that short time frame. It was changed to 24 months for no apparent reason other than to have a limit on how long a building would be vacant. The Levitz building has been vacant for four years. He asked the City Council if anyone had yet checked on the average vacancy period between tenants. His research indicates there is an average vacancy period of just over 6 years. The proposed SMP changes would trigger setback and sloping requirements that cannot be met in many cases, and properties will go vacant. Jeff Weber, 2025 First Avenue, Seattle, is representing the James Campbell Company LLC, Walton Seed, and Tukwila One LLC, all of whom are members of the Association of Tukwila Shoreline Property Owners. Mr. Weber provided written documentation for the record (Exhibit 17). His clients have two main concerns, one of which is the buffer provisions. Both of his clients' properties are behind levees. The City's interpretation of how much land would be available depends on how much land would be required if those levees were rebuilt, which he and his clients believe is an impermissible approach. That policy imposes a burden on riverfront property owners that should more realistically be carried by all the valley's property owners as a whole. Those property owners should not have to give up the land and bear the sole economic burden. Tukwila City Council Committee of the Whole Minutes July 13, 2009 Page 3 of 9 The other issue his clients are concerned with is the non conforming structures issue. Many of his clients' buildings will become non conforming as a result of the SMP buffers. The result would be that many businesses would become vacant buildings. If and when the levees are replaced, the City can address issues about how much of that land can be reused. Until then, however, the City has no reason to deliberately endanger those businesses. He also wants to focus on process, because he believes there is a potential win -win solution on many of these issues. If the Council agrees the various issues warrant attention and that further changes are needed, he suggests the Council direct staff to consider the alternative language submitted by his office and others. His clients request the public hearing be kept open until such time that any alternative language has been presented by staff, so the community may then comment on that amended language. Finally, he noted the new FEMA maps are adding new land to the floodway, including one of his client's properties. The proposed SMP states there will be no development in the floodway. Huge areas of the City would then be off limits for any kind of development, which he believes is poor policy. It is also inconsistent with the City's own floodplain ordinance. He asked Council to direct staff to review this issue and adopt alternate language. John Ellingsen, 18215 72 Avenue South, Kent, is representing Costco Wholesale. His client is concerned about the buffer widths as part of the SMP. The proposed SMP offers two options for calculating buffer width: using a straight 125 -foot buffer, or installation of a standard riverbank cross section or levee, from which the buffer width would be established. He suggests a provision be implemented to allow for a buffer reduction either from levee installation or, in the case of an engineering analysis of a particular site, have the buffer based on the analysis of that improvement. For example, they have determined the standard cross section could be accommodated within a 90 -foot width rather than the proposed 125 -foot buffer width. Diane Summerhays, 1854 24 Avenue East, Seattle, is the Chairwoman for the Southwest King County Chamber of Commerce board. She provided written documentation for the record (Exhibit 18). Ms. Summerhays read a letter from the Chamber board, stating that many businesses located along or near the Green River are concerned about the SMP's negative economic impact upon their businesses and the City's finances. In particular, she referenced the buffers, vacancy re- leasing, and the economic burden posed by vegetation requirements. The Southwest King County Chamber of Commerce strongly encourages the Council to form a stakeholders group to provide a forum for genuine dialogue with the community. The board also strongly recommended the City launch a full economic impact study to determine how these policies will affect the City and stakeholders. Shaunta Hyde, P.O. Box 3707, Seattle, representing the Boeing Company, indicated that Boeing staff has reviewed and commented on the draft SMP starting in 2008. The City has reached out to Boeing many times during that process to solicit further comment. The company wants to acknowledge the work done by all parties to create this comprehensive policy. The company has reviewed the environmental designations, land use, and development standards, and has no current concerns with the language or how the standards are to be implemented. Company representatives felt the plan was well thought out and provides flexibility. The company appreciates the Shoreline Goals and Policies section because of the clarification it provides, and feels the City has worked hard to find a balanced approach to environmental protection given all the City's constituencies. Ms. Hyde provided written documentation for the record (Exhibit 19). Todd Woosley, 12001 NE 12th Street, Bellevue, represents the Building Owners and Managers Association of Seattle /King County. The Association agrees with other requests to take in additional information and keep the public hearing open. The current economic climate is sobering not only for residential but also commercial real estate. Recent economic research has found that Tukwila is experiencing a negative absorption rate, which means more businesses are leaving Tukwila than coming in, and that rate is accelerating. The Association he represents hopes the City not make that trend any worse than it already is by changing the SMP. Other jurisdictions he works with are not only easing restraints on commercial real estate, but are taking proactive steps to help building and property owners. For example, Redmond not only allows non conforming uses to stay, but they allow those uses to expand and move within a complex, and they allow those tenants to be replaced by like uses from other areas. Tukwila City Council Committee of the Whole Minutes July 13, 2009 Page 4 of 9 His Association would like Tukwila to take that same approach. The Association also felt the 24 -month re- letting deadline is much too short given current commercial real estate conditions. The Association understands the City needs to protect environmental resources, but hopefully the City can find a way to do that while also protecting property owners and community finances. Dick Hinthorne, 5795 South 130 Place, is the general manager for Baker Commodities property located at 5795 South 130 Place. His business has been at their current location since the 1930's. He has already spoken before City Council regarding this issue. Given the time lag between that previous presentation and the current meeting, he wanted to remind Council of those comments. Their property is bounded on three sides by the river, and the proposed SMP would remove a full 20% of that property from the potential for future use or redevelopment. He is concerned about the vegetation requirements, particularly the requirement to remove blackberries from 2,200 feet of shoreline, by hand, regardless of whether that removal makes sense for the development that would trigger that requirement. His business is already over tapped and understaffed. Such labor- intensive requirements are a serious problem for them. Finally, he is very concerned with the City's process for this SMP revision. There was a large time delay between hearing community concerns and deciding how to proceed. A work group was never created. There was no cohesion between Planning Commission members; including two abstaining and one "no" vote before the proposed SMP was passed onto City Council. He strongly encouraged the Council to give these community concerns due consideration. Lara Fowler, 600 University Street, Seattle, is representing Baker Commodities, and she provided written documentation for the record (Exhibit 20). Their client has three major concerns; first, working with the City to address the redevelopment issues for that property which first came up in their 1990's lawsuit, which they hoped would be included in the SMP. Her client is pleased to see those concerns seem to have been addressed in the current proposed SMP. Secondly, her client is concerned about what constitutes taking of their property by City policy. Other municipalities have faced the same dilemma and the Supreme Court has ruled on this issue, saying that cities are allowed to make community mandated changes to property development potential, but that municipalities must somehow pay for or compensate landowners when such development rights are taken. She believes those issues are at work in this situation. Third, the vegetation requirements are a big concern. Others have testified in favor of a policy that reflects some proportionality in terms of required changes matching desired development scale. She would be happy to work with the City to modify the appropriate language to find a win -win solution for these issues, particularly given the current economic conditions. Charles Maduell, 1200 Third Avenue, Seattle, is representing several industrial property owners along the river, such as Desimone Trust, Innkeepers USA, and Yellow Transportation. They submitted comments at the April 20, 2009 public hearing. His clients' concerns are not unique, but are shared by property owners up and down the river. His clients believe it is possible to have an SMP that protects both the City's environmental and economic resources along the river. His clients were concerned about three issues in particular, two substantive and one process- oriented. First, the substantial increase in the buffer width will result in substantial loss of developable land. For some clients, their buffer widths would almost double. That buffer increase cuts across some client properties such that most or all of their property improvements would then fall within the buffer zone, resulting in substantial negative impact for that property's lease or redevelopment potential. The problem is made more insulting by the fact that the buffer increase is not driven by the need to protect river resources. Instead, it is driven by an estimate for how much land would be required to reshape the levees to provide a 2.5:1 slope. This is not an appropriate justification for a buffer width. The justification should instead be based on the need to protect shoreline function and value, which in turn should be based on each site's particular characteristics. The City should at least allow property owners to obtain a reduction upon showing this can be accomplished without adversely affecting shoreline functions and values. The second issue is the non conforming issues already mentioned by others. Two aspects of this issue are most troublesome: the deadline for replacing a tenant before that nonconforming use allowance, and the fact that the new incoming tenant must use the property in exactly the same way as the previous tenant. Even a comparable use would eliminate the non conforming allowance. Any policy that removes Tukwila City Council Committee of the Whole Minutes July 13, 2009 Page 5 of 9 perfectly serviceable buildings from potential future use is simply not good public policy. A landlord should be able to replace a tenant with another as long as that new use is already permitted by the underlying zone. Finally, he wanted to address the City's process during the SMP revisions. His clients and other commercial property owners were not included in initial conversations, and their input was not solicited until the policies were already well advanced. That process cannot be undone, but his clients want to be involved from this point forward, working with the City to develop an SMP that will both protect the City's interests and his clients' economic interests. On behalf of his clients he asked that the Council remand the SMP back to staff to consider changes that address these concerns, and that his clients and other landowners be allowed to participate in that revision process. Melissa Hart, Deputy City Clerk, acknowledged receipt of one packet of information for the record: A letter from R.W. Thorpe Associates, Inc, dated July 13,' 2009, on behalf of the Desimone Trust, signed by Lee A. Michaelis (Exhibit 21). Jack McCullough, 701 Fifth Avenue, Seattle, representing La Pianta, LLC, provided written documentation for the record (Exhibit 22). While most of his client's concerns have already been described in previous meetings and public hearings, the issue of trails and buffer zones is still a concern. Specifically, his client had initially thought to provide trails along the levee for Tukwila South, with the expectation that fill could be brought in to widen the trail beyond the existing levee width. However, the City recently said that would not occur. Instead, the proposed SMP created a "no -man's land" between the top of the levee and the buffer zone boundary. His client will be submitting recommended language in the context of the levee modification plan for the new levees south of 196 Street, such that the new buffer will go to the outward edge of the levee instead of beyond. The current SMP language does allow some flexibility if the applicant actually builds the levee system themselves. However, that is only if the levee meets standards that differ from those required in the levee modification standards. His client suggests that flexibility be provided in the context of the standard levee modification submission. Secondly, part of the certified levee north of 196 Street presents unique circumstances, which prevent use of standards acceptable elsewhere. His client will also be submitting language to address that circumstance and its impacts on the trail width. Finally, his client will be submitting comments and language regarding height limitations in the shoreline environment. Those standards are typically used to protect upland views of the water, but in this instance there are no upland views to protect so the height restrictions are unnecessary. Council President Hernandez opened Council discussions on the proposed SMP, and specifically directed Councilmembers to decide whether to leave the public hearing open for written comment or continue the public hearing to a date certain. Councilmember Robertson asked why the date of July 31 was chosen as the date through which to continue accepting written material. Nora Gierloff, Community Development Deputy Director, replied the date was chosen to allow for late testimony or additional materials to be received, while also allowing the Council to hold several work sessions after the close of that public hearing to go over all those comments. Councilmember Linder asked whether the public would still have opportunity to comment on any changes made, after the Council has deliberated. Ms. Gierloff replied the Council would select the process to be used. Council President Hernandez asked staff whether another public hearing on this issue would be possible. It had been her understanding that they were limited to only one public hearing. Ms. Gierloff replied that generally speaking, that is the rule. She would like to speak with the City Attorney to see if there is a way to structure the Council's review to allow for that. Tukwila City Council Committee of the Whole Minutes July 13, 2009 Page 6 of 9 Council consensus existed to extend the public hearing for one week to seek input from the City Attorney on additional options for public comment. 8:10 p.m. Council President Hernandez continued the public hearing until the July 20, 2009 Regular Meeting. 8:10 p.m. Council President Hernandez declared a brief recess. 8:23 p.m. Council President Hernandez reconvened the Committee of the Whole meeting. SPECIAL ISSUES a. Briefing regarding receipt of a grant from the Washington State Traffic Safety Commission for Walk and Roll Plan flashing beacon in school zone. Councilmember Quinn indicated this item was discussed at the Transportation Committee meeting on July 6, 2009. The committee members were unanimous in recommending approval. Jim Morrow, Public Works Director, indicated the Transportation Committee requested this item be presented to the full Council. Staff met with the Neighbors Without Borders group to discuss ongoing issues related to traffic safety concerns at the intersection of South 135 and 32 Avenue South, near Cascade View Elementary School. They also provided the information to staff for the grant from the Washington State Traffic Safety Commission. The grant provides funding for installation of a flashing beacon on each side of the school zone. Mr. Morrow thanked Neighbors Without Borders for their work on this issue. Council President Hernandez recognized the members of Neighbors Without Borders. Barbara Bader, 13660 Military Road South, thanked the Council for the recognition of Neighbors Without Borders, and acknowledged the work by Moira Bradshaw and Jaimie Reavis from the Community Development Department. b. Authorize the purchase of specialized fire equipment for the Sound Transit Link Light Rail project. Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting on July 7, 2009. The committee members were unanimous in recommending approval. The Fire Department is requesting to spend $222,052 to purchase specialized fire equipment for use with the Sound Transit Link Light Rail project. The funding for this purchase will come from the Fire Equipment Cumulative Reserve fund. Sound Transit provided mitigation funding of approximately $1.5 million to the City Fire Department for purchases relative to the Link Light Rail project. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. Approve Supplement #1 to Contract #09 -044 with KPG, Inc. for 2009 Small Drainage Program construction management services. Councilmember Robertson indicated this item was discussed at the Utilities Committee meeting on June 23, 2009. The committee members were unanimous in recommending approval. This contract is for construction management support during the construction phase of the 2009 Small Drainage Program. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Tukwila City Council Committee of the Whole Minutes July 13, 2009 Page 7 of 9 d. Approve a consultant agreement with R. W. Beck for the National Pollutant Discharge Elimination System (NPDES) Phase II stormwater requirements. Councilmember Robertson indicated this item was discussed at the Utilities Committee meeting on June 23, 2009. The committee members were unanimous in recommending approval. This consultant is for the National Pollutant Discharge Elimination System Phase II general permit. The consultant will assist the City in compiling a new surface water design manual and all of the required supporting documents. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. An ordinance amending Chapter 14 of the Tukwila Municipal Code regarding sewer discharge of fats, oils and greases. Councilmember Robertson indicated this item was discussed at the Utilities Committee meeting on June 23, 2009. The committee members were unanimous in recommending approval. This ordinance will amend and update Tukwila Municipal Code Chapter 14 for unlawful discharge of fats, oils, and greases into the City's sanitary sewer system. A grease interceptor will be required to collect and dispose of products and shall be adequately maintained and readily accessible for inspection by the City. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. f. An ordinance granting a franchise to AT T. Councilmember Robertson indicated this item was discussed at the Utilities Committee meeting on June 23, 2009. The committee members were unanimous in recommending approval. AT &T Franchise Ordinance No. 2128 expires on August 30, 2009. The new ordinance will renew the AT &T franchise for three years and includes some changes to the utility relocation requirements in Section 5E of the ordinance. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. g. An ordinance amending regulations regarding bid procedures to increase the authorized expenditure amount and adding emergency procurement procedures. Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting on July 7, 2009. The committee members were unanimous in recommending approval. This ordinance would increase the authorized expenditure amount for items that must come to Council for approval from $25,000 to $40,000. The ordinance would also add a provision to the Tukwila Municipal Code allowing for the declaration of an emergency and waiver of competitive bidding requirements for qualifying events. Shawn Hunstock, Finance Director, clarified that any purchase above $40,000 requires Council approval, even if the purchase has been outlined in the budget. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. h. A resolution authorizing the Mayor to execute certificates for the Cascade Water Alliance Official Statement for the Cascade 2009 Bonds. Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting on July 7, 2009. The committee members were unanimous in recommending approval. Tukwila City Council Committee of the Whole Minutes July 13, 2009 Page 8 of 9 The resolution authorizes the Mayor to sign two Certificates related to the 2009 bond issue by Cascade Water Alliance. The bond issue, among other items, funds the purchase by Cascade Water Alliance of Lake Tapps and provides for the settlement of water rights issues with local native groups. Repayment of the debt issuance has already been included in the water rate model by Cascade Water Alliance. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. i. Authorize the Mayor to sign a hold harmless agreement with Bellevue regarding distribution of proceeds from sale of the Jail Alternative Group (JAG) property. Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting on July 7, 2009. The committee members were unanimous in recommending approval. The Council is being asked to authorize the Mayor to sign the Proceeds Distribution and Hold Harmless Agreement with the City of Bellevue for the recent sale of the Jail Administrative Group owned property located in Bellevue. The agreement acknowledges the City's intent to use the proceeds to fund design and other costs for the SCORE jail facility. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Haggerton attended the Valley Communications Meeting and the Chamber of Commerce luncheon on July 10, 2009. He also attended the Association of Washington Cities meetings from June 22 June 26, 2009. On July 13, 2009 he met with the Army Corps of Engineers regarding the Howard Hanson Dam. Mayor Haggerton reminded the Council of the Link Light Rail Station grand opening on July 19, 2009, and the Suburban Cities meeting on July 15, 2009 with Frank Chopp as the speaker. b. City Council Councilmember Linder attended the recent Southwest King County Economic Development Initiative (SKCEDI) meeting. Councilmember Griffin attended the recent Clean Sweep event, and she also hosted the Council Coffee Chat on July 11, 2009. She reminded the Council of the CASTT performances on July 17 and 18, 2009 at Foster Performing Arts Center. Councilmember Hougardy attended the Suburban Cities Association Public Issues Committee meeting on July 8, 2009. Council President Hernandez attended the Tukwila Government Affairs meeting on July 7, 2009. On July 9, 2009 she attended the Lodging Tax Advisory Board meeting and the Chamber of Commerce luncheon on July 10, 2009. c. Staff There was no report. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental There was no report. Tukwila City Council Committee of the Whole Minutes July 13, 2009 Page 9 of 9 ADJOURNMENT 9:27 p.m. COUNCIL PRESIDENT HERNANDEZ DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. n Hernandez, Council President mo t Minutes by Lady of Letters, Inc. Reviewed by Melissa Hart, Deputy City Clerk