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HomeMy WebLinkAbout2009-10-12 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers October 12, 2009 7:00 P.M. MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Hernandez called the Tukwila City Council meeting to order at 7:09 p.m. Stephanie Brown, Human Resources Director, led the audience in the Pledge of Allegiance. OFFICIALS Present were Joan Hernandez, Council President, Councilmembers Joe Duffie, Pam Linder, Dennis Robertson, Kathy Hougardy, De'Sean Quinn Councilmember Griffin was not present. CITY OFFICIALS Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Bob Giberson, Interim Public Works Director; Shawn Hunstock, Finance Director; Peggy McCarthy, Deputy Finance Director; Jack Pace, Community Development Director; Rebecca Fox, Senior Planner; Mary Miotke, Information Technology Director; Derek Speck, Economic Development Administrator; Lisa Verner, Project Manager; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. SPECIAL PRESENTATIONS a. Introduction of Stephanie Brown, promotion to Human Resources Director. Rhonda Berry, City Administrator, introduced Stephanie Brown who has been promoted to the position of Human Resources Director. Ms. Brown started her human resources career 21 years ago with King County Metro, and began her employment with the City on January 30, 1989. In 2003, she received the designation of Professional in Human Resources, (PHR), and was the City Hall employee of the year in 1989 and 2001. Ms. Brown indicated she is honored with the promotion and is thankful for the opportunity to serve the City. The Councilmembers congratulated Ms. Brown on her promotion. CITIZEN COMMENTS There were no citizen comments. PUBLIC HEARING a. 2009 Comprehensive Plan /Zoning Code Amendments. 7:14 p.m. Council President Hernandez opened the Public Hearing Jack Pace, Community Development Director, introduced the Comprehensive Plan amendments and the schedule for the evening. Rebecca Fox, Senior Planner, explained the options before the Council are: 1) Approve an amendment as recommended and adopt an ordinance 2) Modify the amendment and adopt the ordinance 3) Deny the request The City is presenting two amendments, both in the area of Tukwila International Boulevard: The first amendment is a map change and rezone request at the corner of South 144 and 34 Avenue South, on an approximately one quarter acre lot, from medium density residential (MDR) to high density residential (HDR). The applicant is Mike Overbeck. The lot at 3421 South 144 is now vacant, but it was Tukwila City Council Committee of the Whole Minutes October 12, 2009 Page 2 of 9 formerly a nuisance house. The area would sustain minimal impact from this change. The primary impact would be to allow two additional housing units on the lot. The Planning Commission has recommended approval. Councilmember Robertson asked why this was being handled as a legislative issue rather than a quasi judicial matter since they were discussing a single parcel. Ms. Fox replied this item is actually a quasi judicial matter because it concerns a specific parcel. The second proposed amendment would establish an Urban Renewal Overlay District along approximately seven blocks of Tukwila International Boulevard. Ms. Fox clarified that in contrast to the above parcel, this change is being handled as a legislative issue. Specifically, the City's Economic Development Administrator has requested the establishment of a seven -block Urban Renewal Overlay District along Tukwila International Boulevard, along with special regulations to allow more intensive development and criteria to allow compact, pedestrian friendly, more urban -style development. The overlay would feature specific criteria to ensure quality development. Redevelopment along this corridor is the second highest priority in the City's Comprehensive Plan. Feedback from various sources has found that higher density is needed to make redevelopment happen along that corridor. The Overlay District would allow the City to encourage more intensive redevelopment. The Planning Commission has recommended approval. The primary changes would involve: 1) Increased building height up to 65 feet, rather than the current 45 feet requirement in Neighborhood Commercial Center (NCC) and HDR 2) Reduced residential parking requirement, with only one space required per bedroom with an additional .5 spaces added for each additional bedroom 3) As is the case in the current NCC requirements, the maximum number of dwelling units is set by the building envelope rather than a specific limit per acre The Planning Commission's review of these changes was very thorough and includes revisions they made to the original application: 1) The Commission was concerned about maintaining a good mix and size of residential units. They reduced the maximum number of studio units permitted to 40% in any one development. Furthermore, a studio unit's minimum size was increased to 450 square feet, and the average size of studio units was boosted to 500 square feet in any given development. 2) The Commission also wanted to minimize impacts of potentially tall buildings to single family dwellings on adjacent parcels. They wanted a transition from the overlay district to the nearby residential dwellings. To accomplish this they added the requirement for a house -sized tier for any of the taller buildings, along with setback requirements. The criteria required by the higher density overlays would include: 1) An orientation toward Tukwila International Boulevard with at least 100 feet along that corridor 2) Active uses on the main floor such as retail sales or restaurants to generate pedestrian activity 3) Architectural features that are pedestrian oriented, such as wide sidewalks or clear display windows 4) Requirement for pedestrian amenities 5) Requirement for significant covered parking 6) Car share and bicycle parking to encourage alternative transit 7) A Transportation Management Plan is required with information and assistance for pedestrians, cyclists and transit riders Councilmember Robertson inquired about the 100 -foot frontage required along Tukwila International Boulevard. He indicated many of the overlay district parcels would not meet the criteria since they do not face onto that corridor. He inquired if that requirement would categorically prevent those parcels from being developed under the overlay criteria. Ms. Fox answered in the affirmative. Those parcels would be developed according to the underlying zoning criteria. Tukwila City Council Committee of the Whole Minutes October 12, 2009 Page 3 of 9 Councilmember Robertson stated that if someone came and bought up adjoining parcels, they could be redeveloped at that higher rate, even as single adjoining parcels could not. Ms. Fox confirmed the statement, and explained that developers were not required to use the overlay. The overlay only provides more development options. Councilmember Quinn indicated the overlay would be an incentive and not a requirement for higher density development along that corridor. He also explained the overlay encourages not only creative development but also the creation of partnerships, where there were no such incentives before. Ms. Fox explained the kind of development the City has desired has not materialized under the existing zoning. The overlay would help that development while providing community safeguards. Council President Hernandez called for public comments. Ryan Hitt, 3962 SW Arroyo Drive, Seattle, is a development manager with Tarragon. He is speaking in support of the zoning amendments and the overlay district. His group has worked closely with the Planning Commission and staff to work out standards that would benefit the City, and he believes the amendments are a definite improvement. Mike Overbeck, 4620 South 148 Street, is the owner of the parcels seeking a rezone. He feels they have a good application package and is available to answer any questions. Sharon Mann, 4452 South 160 Street, is representing the Tukwila International Boulevard Action Committee (TIBAC). She encouraged the Council to approve the overlay district with the new zoning overlay and development conditions. Her group has done a great deal of discovery on this project, and the proposal has been fine tuned. A lot of staff time has gone into the effort to bring development to that corridor. The proposal before them is appealing to both citizens and developers, and she hopes the Council will approve it. Sandy Mills of Tukwila submitted a written letter of comments in lieu of her personal attendance. The letter expressed support for both amendments, and she hopes the projects move forward. Kelly Montoya, 6402 South 144 Street, also submitted a written letter of comments in lieu of her personal attendance. She is very excited for what Tukwila Village will bring to the City and she supported the amendments. Derek Speck, Economic Development Administrator, spoke in favor of the amendments. He clarified the proposed amendment was not merely for the benefit of Tukwila Village, but for the redevelopment of that entire corridor. He anticipated similar overlays for the Urban Center at some point in the future. Councilmember Linder indicated she was pleased that Mr. Hitt and Tarragon are in favor of the amendment and feel the amendment would bring that much needed development to the Tukwila International Boulevard corridor. Councilmember Hougardy inquired about the overlay criteria, and whether the increased building height, higher density and reduced parking requirements would be available to all developers in the Tukwila International Boulevard corridor. Mr. Speck clarified the options would be available in the entire urban renewal area. Councilmember Quinn asked whether two parcels, which are both too small to provide the 100 -foot frontage, could be developed together as a joint venture. Mr. Speck confirmed that would be allowable. He stated the project would need to have a unified ownership, but ownership could take many forms, including joint ventures. Councilmember Robertson inquired about the possibility of adjoining parcel owners proposing development, as a unified project, which would still allow smaller parcels able to overdevelop. Tukwila City Council Committee of the Whole Minutes October 12, 2009 Page 4 of 9 Mr. Speck replied any project that comes before the City would be evaluated as one application. That application would go through the design review process as a single development. As long as all the elements worked within one unified development, it would qualify under the overlay. Councilmember Robertson requested clarification on two adjoining parcels, one with frontage and one without. He asked if they could build a joint venture where the smaller parcel could put up a 65 foot tall building, right in front of single family residential homes. Mr. Speck said that the ownership is actually a secondary issue. First, the development project is evaluated based on how it complies with the existing code. If that development meets those criteria and would be allowed for a single owner, then that same development will be allowed even if the separate parcels are owned by different entities. The ownership by itself would not be a reason to turn down the application. Pam Carter, 4115 South 139 Street, spoke to the number of lots that would be impacted by the overlay. It appears that only two lots outside the Tukwila Village area would be impacted by the overlay district. She also indicated that the overlay district does not change the underlying zoning. The meetings held by the Planning Commission on this issue had a great deal of public attendance and support for the proposed changes. 8:01 p.m. Council President Hernandez closed the Public Hearing SPECIAL ISSUES a. 2009 Comprehensive Plan /Zoning Code Amendments. Councilmember Robertson stated he recently toured the City and noticed that multi -use buildings are currently under construction in the north end of the City. He was pleased to see the new development occur, however he did not like the tall buildings immediately adjacent to the residential areas. He is pleased with the Tukwila Village proposal because it is not adjacent to single family homes. Mr. Robertson indicated he was concerned about the area included in the overlay district that would have an impact on single family homes. He added that the proposal calls for only a 10 -foot setback for the first two stories, which is only half of the existing 20 -foot setback for shorter buildings. If the City is already seeing the desired development under current zoning, he did not understand why they had to allow these extra criteria, particularly when they would not have to consider adjacent residential areas. He has already identified at least three separate areas where that scenario could occur. At a minimum, he would like to see greater setbacks in those areas. Councilmember Linder indicated the Neighborhood Commercial Center zoning is a very different area than the Tukwila International Boulevard area. That corridor was annexed into the City in 1990, and she does not believe that area has made much progress since the annexation. While there will be some impacts, there will be benefits to the City overall. Councilmember Quinn indicated the underlying zoning codes are still in effect. If the City does not take action to help it happen, then the City will not see the desired redevelopment. The Council must balance what is best for the homes in this area, as well as providing necessary development opportunities. Rebecca Fox, Senior Planner, addressed the setbacks near the existing single family housing. In any situation adjacent to or across from a single family dwelling, the existing codes call for proportioned new development. The bulk of the height is set back to ensure a gradual visual break. The Planning Commission specifically stated they did not want a wall of buildings, and they suggested the gradual building tier. Councilmember Hougardy inquired whether the tiered approach for taller buildings was required everywhere, or only where those buildings are adjacent to residential areas. Ms. Fox explained that the tiered approach would be required in areas where the buildings are adjacent to residential areas. Tukwila City Council Committee of the Whole Minutes October 12, 2009 Page 5 of 9 Councilmember Robertson explained the parcel he mentioned earlier was in NCC zoning, like much of the surrounding area. Secondly, that zone requires a three -story building to be set 20 feet back from the property line, and a 65- foot -tall building only needs to be 30 feet back from the property line. He is requesting a slightly greater setback for the taller buildings where those buildings are adjacent to single family lots. Mr. Pace asked Councilmember Robertson to clarify whether he was equating adjacent properties and those across the street. Councilmember Robertson said both were of a concern; however, truly adjacent properties are the greater concern. His biggest concern is that the proposed legislation would boost the building height and reduce the setback simultaneously, even when immediately adjacent to single family residences. He asked how many residential stories would fit in a 65- foot -tall building. Ms. Fox explained the first floor would be mixed -use commercial and the remaining building could possibly hold a maximum of five floors of residential use. She added that those single family homes also have their own setbacks, which increases the actual distance between buildings, particularly in terms of a typical backyard, which is how most of these properties would face any development along Tukwila International Boulevard. Councilmember Robertson inquired if the City was endorsing the idea that backyards would serve as setbacks for this purpose. His son lived in a house with a backyard that faced an apartment building, but there was at least a 50 -foot setback in that situation. Still, the use of that backyard was very different from what it would have been without that building. Reducing that setback to 10 feet was inconceivable. Mr. Pace conveyed another way to think about this would be to compare two single family homes sitting next to each other. They would have the same setbacks from each other as the first floor of the proposed building. Subsequent floors of that building would have even greater setbacks to reduce the impact that Councilmember Robertson is referencing. Councilmember Hougardy stated the first floor setbacks would be the same, but the rest of the building's height would still be an imposing structure just by its increased height. She asked whether they could modify the amendment to address just those few areas where this scenario could exist. Mr. Pace indicated staff could boost the setbacks and cautioned the additional setback may have unintended consequences. For instance, a 10 -foot setback would almost certainly be landscaped, and a 30 -foot setback would almost certainly be used for parking, which may or may not be more desirable than the landscaping for a 10 -foot buffer. He explained staff was trying to address something legislatively that could also be addressed on a case -by -case basis, where the proposed project may not present that scenario anyway. Councilmember Quinn asked Mr. Pace to describe the process by which a project would be reviewed. Mr. Pace said if the amendments were adopted today and a project came in next week, the first step would be to meet the requirements for the overlay district. If the project did not meet those requirements, the developer could not proceed. If the requirements were met, the second step would be a hearing before the Board of Architectural Review (BAR). That process includes staff review for very specific criteria, as well as a public hearing. If the neighborhood objected to the project, they could testify during the public hearing. If the project faced a great deal of resistance, then the application would go before the Hearing Examiner. Council President Hernandez requested staff provide a description of how the residents in the area were notified of the public hearing. Ms. Fox indicated the proposed changes were advertised in several ways, including postal mail, website notification and site posted notices. For residential notices, those notices were sent to both property owners and tenants for rented properties. Tukwila City Council Committee of the Whole Minutes October 12, 2009 Page 6 of 9 Council President Hernandez referenced there are no members of the public or affected parties that are speaking against the amendments as they have been proposed. Councilmember Linder added that the Comprehensive Plan was completed in 1995 and now, in 2009, there is little new development activity based on those changes. She expected similar timeframes for this change. Councilmember Robertson indicated he does not agree with the proposal as it currently exists, and he would like to see modifications made based on his concerns. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 9:00 p.m. Council President Hernandez declared a brief recess. 9:09 p.m. Council President Hernandez reconvened the Committee of the Whole Meeting. b. A resolution supporting the City of Seattle's bid to be a host site for the 2018/2022 Soccer World Cup. Derek Speck, Economic Development Administrator, indicated the United States has applied to host the 2018 2022 World Cup. The City of Seattle has requested the City of Tukwila support its bid to be a host City for the 2018 or the 2022 Soccer World Cup. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. A resolution commencing negotiations for an Interlocal Agreement with King County for the annexation of a residential island to the City of Tukwila. 9:13 p.m. Councilmember Quinn recused himself from discussion on this item and left the Council Chambers. Lisa Verner, Project Manager, indicated King County has requested that urban areas be considered for annexation to save the county money. King County has requested the City renew its commitment to annexing the remainder of the Potential Annexation Area (PAA) established in Resolution 1561. The Boundary Review Board will hold a public hearing on October 20, 2009 on the original application regarding the Tukwila South Annexation. The Orillia area annexation includes 14 land parcels, eight of which are single family homes. The Council is being asked to consider a resolution commencing the Interlocal Annexation Method for the Orillia Area Annexation in the City's South Potential Annexation Area between Orillia Road and 1 -5. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 9:31 p.m. Councilmember Quinn returned to the Council Chambers. d. A contract amendment for Commercial Development Solutions for services associated with the Tukwila South project. Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting on October 6, 2009. The committee members requested additional information from staff be provided at the Committee of The Whole meeting. Rhonda Berry, City Administrator, indicated the current contract has an expiration date of December 31, 2009, with a not -to- exceed dollar amount. Due to the additional amount of time required to complete the annexation process, the contract amount will be reached prior to the completion of the Tukwila South Annexation. The Council is being asked to authorize an additional $22,000.00 to cover the additional time required for the project. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Tukwila City Council Committee of the Whole Minutes October 12, 2009 Page 7 of 9 e. An ordinance amending TMC Section 11.08 relating to Public Works permit fees for right -of -way and private property. Councilmember Hougardy indicated this item was discussed at the Utilities Committee meeting on September 29, 2009. The committee members were unanimous in recommending approval. Bob Giberson, Interim Public Works Director, explained this ordinance will amend and update Sections 11.08.020 and 11.08.060 of the Tukwila Municipal Code to review permit fees pursuant to the settlement agreement with King County Water District 125. Changes include the separation of Type C permits to C1 for private development and C2 for work performed in the City right -of -way. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. f. An agreement with Perteet Engineering for GIS Inventory Area 6. Councilmember Hougardy indicated this item was discussed at the Utilities Committee meeting on September 29, 2009. The committee members were unanimous in recommending approval. This contract is for the GIS inventory and mapping of the sixth phase of the storm drainage infrastructure for the City. The sixth area will encompass portions of the City in the Gateway Drive area and the east margin of 1 -5 to Interurban Avenue South. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. g. A grant agreement with the Washington State Department of Ecology for the National Pollutant Discharge Elimination System (NPDES) program. Councilmember Hougardy indicated this item was discussed at the Utilities Committee meeting on September 29, 2009. The committee members were unanimous in recommending approval. Mr. Giberson indicated the City has received a Washington State Department of Ecology (DOE) grant for the National Pollutant Discharge Elimination System (NPDES) Phase 11 Stormwater Management Plan in the amount of $50,000.00. There is no City match of funds required. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. h. The purchase of six Intelligent Transportation System (ITS) traffic control cabinets for Tukwila International Boulevard Phases II and III. Councilmember Quinn indicated this item was discussed at the Utilities Committee meeting on October 5, 2009. The committee members were unanimous in recommending approval. This purchase will provide two traffic signal control cabinets for the current Tukwila International Boulevard Phase 11 and III construction project. The remaining four traffic signal control cabinets will be purchased through the Annual Traffic Signal Program and allow for the expansion of the existing ITS to International Boulevard and East Marginal Way. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. i. A resolution authorizing the cancellation of past due accounts receivable and returned check write -offs. Councilmember Linder indicated this item was discussed at the Finance and Safety Committee meeting on October 6, 2009. The committee members were unanimous in recommending approval. There are certain receivables that have been deemed uncollectable and they need to be removed from the accounts receivable ledger. The items included reflect those that have already been through the collection process. While collection of the amounts due is unlikely, the City will pursue receipt of the funds. Tukwila City Council Committee of the Whole Minutes October 12, 2009 Page 8 of 9 COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. j. An ordinance establishing new regulations regarding water, sewer and surface water utility taxes. This ordinance would create new regulations in the Tukwila Municipal Code to implement a tax on the water, sewer and surface water funds. The utility tax would be on the gross revenue of the utility funds, rather than on the utility customers. Councilmember Robertson requested discussion on this item be forwarded to the Special Meeting following tonight's Committee of the Whole meeting. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE SPECIAL MEETING IMMEDIATELY FOLLOWING THE COMMITTEE OF THE WHOLE MEETING. REPORTS a. Mayor Mayor Haggerton thanked the Council for their participation at the Howard Hanson Dam community meeting on October 7, 2009. He indicated the City is currently working on a contract for the emergency levee project. Once the contract has been executed, the City will have Super Sacks and Hesco barriers installed along the levee. b. City Council Councilmember Quinn hosted the Council Coffee Chat on October 10, 2009. Council President Hernandez attended the Howard Hanson Dam Community meeting on October 7, 2009. c. Staff Rhonda Berry, City Administrator, indicated staff has hosted four community outreach meetings regarding the Howard Hanson Dam for residents and businesses and will have two meetings for employees. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental Kimberly Matej, Council Analyst, reminded the Council about the Budget Workshop and Capital Improvement Program (CIP) review on Thursday November 5, 2009. MISCELLANEOUS Councilmember Linder inquired about where residents could purchase a preparedness kit. Rhonda Berry, City Administrator, indicated the preparedness kits are available for purchase from the Red Cross. Councilmember Robertson requested the Council consider an agenda item for the October 26, 2009 Committee of the Whole meeting to discuss the timeline and process for any future budget amendments. Councilmember Linder requested the Finance Director provide the data for the Finance and Safety Committee meeting on October 20, 2009. Councilmember Quinn inquired if the Mayor would participate in the budget process discussion. Tukwila City Council Committee of the Whole Minutes October 12, 2009 Page 9 of 9 Mayor Haggerton answered in the affirmative. ADJOURNMENT 10:06 p.m. COUNCIL PRESIDENT HERNANDEZ DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Joan Hernandez, Council President FYI cCY Minutes by Lady of Letters, Inc. Reviewed by Melissa Hart, Deputy City Clerk