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HomeMy WebLinkAbout1998-03-23 Committee of the Whole MinutesMinutes of 3/23/98 Page 1 of 9 TUKWILA CITY COUNCIL March 23, 1998, 7:00 p.m. Tukwila City Hall Council Chambers COMMITTEE OF THE WHOLE MEETING MINUTES CALL TO ORDER: Council President Linder called the Committee of the Whole meeting to order and led the audience in the Pledge of Allegiance. COUNCILMEMBERS PRESENT: Council President Pamela Linder, Councilmembers Joe Duffle, Joan Hernandez, Steve Mullet, Dave Fenton, Pam Carter, and Jim Haggerton. OFFICIALS: John Rants, Mayor; John McFarland, City Administrator; Ross Earnst, Public Works Director; Steve Lancaster, Director of Community Development; Brian Shelton, City Engineer; Bob Noe, City Attorney, Rhonda Berry, Assistant City Administrator; Ross Heller, Senior Engineer, Moira Bradshaw, Associate Planner; and Lucy Lauterbach, Legislative Coordinator. SPECIAL PRESENTATIONS: Southwest King County Chamber of Commerce Year -End Report: Chamber General Manager Kirstie Weaver provided a 1997 report of activities of the Southwest King County Chamber of Commerce. The following is a list of accomplishments for 1997: The Chamber's Tukwila Government Affairs Committee continues efforts to build partnerships with the City and the City Council. Guest speakers throughout the year included a representative from the EDC and Gina Marie Lindsey, Port of Seattle. A joint Government Affairs meeting was held with Burien and SeaTac. In March, the Tourism Committee hosted a familiarization tour and invited agents from San Francisco and Los Angeles to promote the Southwest King County area. In June the official Chamber website was unveiled which highlights tourism, demographic information, and the Chamber membership directory. Throughout the year the Chamber supported local businesses by attending Tukwila's Community Center grand opening and the groundbreaking of South 196 South 200 Cross Valley project. Monthly membership luncheons, tradeshows, and golf tournaments generated over $12,000 in revenues to the City of Tukwila. The Chamber dispersed over 300 maps to the City of Tukwila and the Police Department and maintained survey statistical information for public access. The Chamber completed and distributed the 1998 community profile. The publication is distributed nationwide and to business and location requests as well as throughout the community. The Chamber participated in the Tukwila Community Cares Committee. The Chamber's General Manager Kirstie Weaver was appointed to the Tukwila Tax Advisory Board. The Chamber participated in nominating John McFarland for the Washington Research Council Pathfinder Award. The Chamber also continues to support the Highway 99 Action Committee and its efforts to reduce crime on the corridor and acts as the meeting coordinator, distributing meeting notices, and making reminder calls. The Chamber also participated in Tukwila Days in July and distributed community information to fair attendees. The Chamber's general manager and program administrator participated in the interview process for the third grade calendar company for Tukwila Elementary. In September, the Outstanding Business Award was held. Eight awards were presented to the top businesses in southwest King County. Five of the awards were to Tukwila businesses and organizations. Minutes of 3/23/98 Page 2 of 9 In December, the third annual Exploring Business Program was held. Fourteen students from Foster High School learned about the free enterprise system through guest speakers, activities, and a computer simulation. Out of seven local high schools, Foster High had the most representation. Throughout 1997, over 8,000 information requests were distributed. Goals for 1998 include: Promote an agenda that best represents the interests and welfare of Tukwila businesses and people they employ through the Tukwila Government Affairs Committee. Work closely with local entities on issues that impact business. Promote tourism and economic development within the region. Continue to work with the Tukwila Economic Development Advisory Board to maintain a driving economic base for the business and residential community. Support education by continuing to sponsor the Exploring Business program. Collaborate with the City and local government and the RTA governing board to agree on a light rail route that would benefit the city, residential, and business community. Kirstie said the Chamber's website is linked to Tukwila and SeaTac with each of their home pages. Councilmember Carter suggested the City may want to link with SeaTac to provide additional exposure for Tukwila. Councilmember Hernandez requested the Chamber send a representative to the Equity and Diversity Council. SPECIAL ISSUES: Burlington Northern /Santa Fe (BNSF) Access to Rail Yard Briefing: Mayor Rants provided a brief review of past and present situations involving Burlington Northern (BN) and the City's relationship with respect to the ongoing issue of commercial traffic on 124 Street resulting from truck traffic entering BN's Hub Center. As a result of these issues and the fact that the City can legally enforce some changes, the relationship between the City and Burlington Northern is considerably much stronger and more workable than in the past. They have been willing to work with the City to determine the best approach to relieve commercial traffic on 124 without impacting their ongoing operation. Mayor Rants said he feels positive about the direction of the talks and believes the consultant study will provide the needed resolution. Engineer Heller introduced Ron Peron, Project Manager for Harding Lawson Associates (HLA). Mr. Peron presented a slide presentation of BN's Hub Center study area. Currently the access to the BN's Hub Center is via 124 street in the northern portion of town. One of the options considered when conducting the study was determining the operational nature of the center and what activities occurred where and why. Essentially BN's operations consist of unloading and loading containers, and stacking for pickup. Three alternatives have been analyzed as part of the study to eliminate commercial truck traffic on 124 street, a predominately residential thoroughfare. Mr. Person briefly described each alternative. They include: Option 2 The Gateway Drive Alternative. This alternative would access the BNSF Hub Center near its existing gate facility via a new, two -lane roadway from Gateway Drive and a new bridge spanning the Duwamish River. The roadway would then intersect South 50 Place and enter the BNSF Hub Center. Option 1 48 Avenue alternative This alternative, located near the intersection of Interurban Avenue and I- 5, would widen 48 Avenue South to three lanes and construct a bridge over the Duwamish to access the BNSF Hub Center at the southern end. Additionally, a new Interurban Avenue bypass would be constructed for direct access to 48 Avenue from the southbound I -5 off -ramp. Minutes of 3/23/98 Page 3 of 9 Option 3 East Marginal Way Alternative The alternative, located at the northern end of BNSF Hub Center would enter from a new roadway from East Marginal Way South across from South 112 Street and run parallel to the existing Seattle City Light right -of -way. This alternative does not cross the Duwamish River. BN would have to move its gate facility from the southern portion of the center. Estimated costs for Option 1: $2,838,608, for Option 2: $6,785,981, and for Option 3: $48,987,691. The most cost effective alternative is Option 1. Option 1 has been recommended to the Public Works Department. Councilmember Haggerton said he concurs with the 48 Street alternative but is concerned about vehicle stacking at the intersection of Interurban and 48 in relation to the timing of the signal. Mr. Peron said the studies indicate that minimum traffic changes would occur as a result of the street revisions. Councilmember Duffle said his concern was with the sharpness of curve when exiting the freeway on the 48 Street alternative. Mr. Peron said the study design was for a 50 -foot trailer. The 20 -foot width on the curve will accommodate container traffic going into the BN Hub. Mr. Peron said the impact to the BP station would only affect the grass area between BP and Interurban due to the addition of a 20 -foot roadway in that area. Traffic wise there would be more traffic due to BN traffic but preliminary impacts would be minimum with the improvements that would be made at the intersection. Councilmember Mullet questioned the access to and from Foster Point and said that the issue came up during the Transportation Committee meeting. Right now there is considerable traffic coming down the hill and making a sharp left turn and going through the residential area and coming out on Interurban as a shortcut. Mr. Peron said there are several alternatives being considered. One is to stop local traffic from traveling that way and the other is to include a traffic loop and loop them around under the bridge. Public Works hasn't made a decision yet as to which alternative to select. Engineer Heller said the routes would be reviewed more in the design report. This study indicates the best improvements to 48th Street traffic is to not allow traffic to travel down 129 and connect across 48 That would also preclude anyone from going through and coming out of Foster Point. The committee expressed interest since a lot of the traffic is using the route for a shortcut. Engineer Heller said the issue needs more study and brought back to the Transportation Committee for discussion. Director Earnst reviewed funding for the project. BN has pledged $150,000 for the design and we have indications that Tukwila will receive $165,000 from TIB for design only. Another $50,000 is from King County. The remaining is City funding of $50,000 (money already spent on this study) which adds up to $415,000. With the funding, all design work should be completed and the next step would involve obtaining the needed right -of way. Right -of -way would primarily occur at two locations, one near the Yellow Freight property and other on Seattle City property near the off -ramp from I -5. The entire project cost of $2.7 includes all design requirements. The next opportunity for funding is when the ISTEA is approved. If they increase it by 30 to 35 percent, the City will apply for a regional project to see if the remainder of the project can be funded. Director Earnst explained that if the project is approved and listed on the TIP, staff can look at programming money and spending money if the project is ready to go. The priority is to get it authorized and have it listed on the TIP, and then try to reprogram it early. He said to assume funding in late 1999 or early 2000. Director Earnst said Minutes of 3/23/98 Page 4 of 9 what Tukwila needs to do is get a fairly substantial grant and go to BN to get additional support for the project and from others. Councilmember Mullet said some issues should be reviewed as the project progresses and that there may be a requirement to purchase some residential property. Some of it is up for sale now so there could be some citizen input that will occur. Mayor Rants responded to concerns regarding rezoning and said it's too premature in the process to start contemplating rezoning. Director Earnst said a public meeting is being planned for early April at the Tukwila Community Center so the public process can begin. Councilmember Carter questioned the purpose of the meeting and cautioned that the alternatives are not for public selection. Director Earnst said the meeting was to keep the public informed on what alternatives were being considered and where the City is at as far as progress on the project. He indicated it's better to begin the education process early, so as not to have the City accused of not informing the public about a major project. Director Earnst said at some point soon, the preferred will need to be selected so the design report phase and the EIS can be initiated. At some point we will need to make a decision and alternative is probably gong to be the choice. CONSENSUS: Councilmembers reached consensus to support Option #1 as the preferred alternative. Memorandum of Agreement with RTA: Director Lancaster said the agreement was reviewed several months ago by the Council and at that time the RTA board did not have a copy of the agreement nor had they gained approval through management at the RTA. The agreement has now been approved by the RTA, but with changes. Director Lancaster indicated the agenda report contained two versions of the agreement, a clean copy, and a copy that reflects changes made by the RTA board and Tukwila staff. Director Lancaster said staff recommends the Council move the approval of the agreement to April 6, if the changes are acceptable. A review of the changes involved several specific areas and includes: The original proposal contained a provision to increase the Transit Advisory Commission from seven members to nine members. The Advisory Commission was not comfortable with that and the RTA has agreed that no change is necessary in the number of members on the Commission. The second category of changes involves details associated with eligible expenses for the City for payment of services that the RTA would be making to the City. The original agreement contained numerous details on what constituted an eligible expense that led to a lot of questions about accounting processes. The RTA has determined they are not really interested in tracking all the costs but are interested in having the service provided. Those details pertaining to tracking of expenditures have been removed. This would also provide more flexibility to Tukwila. Minutes of 3/23/98 Page 5 of 9 The agreement includes a provision for equal opportunity requirements. Director Lancaster said some of the text changes are due to RTA's requirement to comply with federal regulations pertaining to how decisions are made. They want to remain consistent with the regulations that are governing them. Councilmember Mullet asked what the impact would be if Council didn't consent to the changes. Director Lancaster said the agreement neither commits the City in supporting an alternative nor does it grant the City any additional power as to the decision. The ultimate product that results from this agreement will not occur until RTA has selected both the route and the station. It's a multi -phase process that will involve a market analysis that feeds into the DEIS process to provide information to the public, the Council, and the RTA Board on what the potential market impacts for the various alternative stations are. The information will be included in the DEIS. Once the decision is made, the agreement does commit the City to do planning for the alternate station locations such as land use planning for areas located around the station locations. It does not commit the Council to adopt whatever plan staff and the consultants recommend. All land use decisions and authorities remain the same. Council President Linder moved the agreement to the April 6 City Council meeting. Ordinances Amending TMC Chapters 8.28 and 8.45 relating to code enforcement: Mayor Rants said several months ago staff and the City Attorney were asked to develop some language to tighten the enforcement code. The amendments were drafted and reviewed by the Committee. Since that time staff has recommended some format changes and that is the reason for the delay in getting back to Council Assistant Berry said format and housekeeping changes were required to include references to every section of the code that is amended by the new ordinances, so direct and specific reference is attached to the code. The current versions are essentially the same, except for the noted changes. A summary of the changes is included in the agenda report. Assistant Berry provided a review of the changes and indicated the resolution times would be decreased. The objectives are to help clean up the community and make it a community people can be proud of and the second is to resolve cases more quickly, once they are brought to the City's attention. She said the City will have to judge the changes through experience. With the new ordinances the City will have the ability to write citations as opposed to sending numerous notifications. Councilmember Duffle said he strongly supports the code amendments. Mayor Rants said the goal is to cut the process in half. Currently, complaints take, on average, two to two and a half months to resolves By giving the code enforcement officer the ability to write citations, complaints would be handled in half the time. Councilmember Hernandez suggested Sections 8.28.020 and 8.20.10 should be reversed for better readability, as the Definition should be the leading section prior to Definitions of Nuisances. City Attorney Noe said the Nuisance declaration appears first due to the reasoning that a strong statement needs to be made to highlight the seriousness of nuisances. If the City Council declares a nuisance, then the Court is bound to support the Council for the health, safety, and welfare of its citizens. The definition is more of a Minutes of 3/23/98 Page 6 of 9 declaratory statement than a true definition statement and he is agreeable to switching the order if Council so desires. Responding to questions from Councilmember Mullet, City Attorney Noe indicated the new language for "Definition" was more expansive and deems any violation of any code as a nuisance. The list of nuisances is very comprehensive. The ordinance would apply to all current codes and ordinances adopted and by adopted references, such as the county. Other City codes were compared and some components of other jurisdiction's codes were integrated in the draft ordinance. Councilmember Fenton concurred with Councilmember Duffle's comments concerning his approval of the proposed code enforcement changes. Dwight McLean, 13015 38 Avenue South, Tukwila said a few years ago he heard many citizens complaining about excessive code enforcement and said there should be a concern regarding due process. He recounted an incident involving a downed tree that was obstructing a street following a storm. He removed the tree and put it near the dumpster area of where he worked. A week later he received a citation for storing Christmas trees. The fine was $100 and he was allowed only so many days to rectify the solution. He said he removed the tree as a concerned citizen. To be cited for assisting the City with tree removal was not something he expected. The Highway 99 Action Committee is actively cleaning up the area. One particular unsightly sign was researched to determine who owned it, and during the process the City cited the property owner (who did not own the sign) for the unsightly sign and imposed fines. He indicated that the City should not rush out and spend money enforcing codes when the Highway 99 Action Committee would do a better job. Neighborhood block watch programs are another alternative. The City needs to save its money for other more worthwhile projects. There are ways to enforce codes that are more understandable and less painful to the area's citizens. Assistant Berry said the Code Enforcement Officer has reviewed the code enforcement changes and is comfortable with the changes. The judge and court staff have also reviewed them as well. Out of all of the reviews it has been agreed that this is a good start and that if the changes are not effective, they can be amended. Councilmember Carter said she is not clear on what the difference is between a civil infraction citation and a notice of violation, Assistant Berry said the civil infraction citation is comparable to a traffic ticket. A good example is the overflowing dumpster situation. A more effective way is to issue a civil infraction citation. A notice of violation involves notifying the offender and extending a certain number of days for the offender to rectify the offending situation. Councilmember Carter said the notice of appeal rights should be included in the notice of violation sent to offenders. Assistant Berry said although it wasn't required, the City has included the appeal rights process in the violation letter. Councilmember Carter recommended changing the first sentence in Section 8.45.090 A to read, "...Notice of Violation issued by the Code Enforcement Office pursuant to section..." Minutes of 3/23/98 Page 7 of 9 Councilmember Haggerton said he wanted to assure Mr. McLean that the purpose of the code enforcement changes was not to add more code enforcement officers to the City or create a City profit center. The purpose is to promote individual citizen responsibility. Some people persist in committing offenses that taxes the City's time and resources. The codes are applicable to a small percent of the population. Administrator McFarland said code enforcements were originally initiated right after the annexations. A policy decision was made that a process would include emphasis on education and voluntary compliance. It has worked fairly well over the last seven or eight years. There are still some persistent offenders. The new ordinance allows the code enforcement officer the ability to take immediate on the spot action. The community has a standard and the enforcement code is a tool to effectively enforce that standard. He indicated staff has worked this issue thoroughly and believes it is the right direction to pursue. He said he agrees with Mr. McLean and said the Highway 99 Action Committee have been effective in cleaning up areas but small pockets continue to exist in the City where people are not interested in maintaining City standards. These are the types of individuals that the codes are intended for. Councilmember Carter suggested adding the following language to Section 8.45.100 Penalties A. 1 a. to read "...for a second violation of the same nature of a continuing violation, and $250.00 for a third or subsequent violation of the same nature or continuing violation." Pacific Highway Draft Revitalization Plan: Planner Bradshaw said the Real Estate Panel meeting has been scheduled. She suggested that list of questions and answers be developed to they can be forwarded to the panel prior to the meeting. The meeting is scheduled for Friday, April 3 at the Community Center. Planner Bradshaw said the information is being sent out at the end of the week and if any Councilmember has additional input they should call her with the information. The Planning Commission and the 99 Task Force will be invited to the panel meeting, as well as, representatives from the EDAB and the Chamber. Due to the number of people at the meeting, a tour of the area is not scheduled. Councilmember Hernandez suggested adding a question to item number two, which asks what they think is missing and how would the City attract it. Councilmember Mullet suggesting rephrasing the last bullet item on page 161 of the agenda report to instill a more positive approach to mixed used development. He suggested rephrasing the question to "What makes mixed use work Councilmembers and staff discussed mixed use and density requirements and the examples of development where mixed use has been successful and how increased density can be achieved through creative design and architectural features. REPORTS: Council President Linder said the Highline Times newspaper is back in circulation. Mayor Rants said he copied the Council with some notes from a recent meeting with the Vision Tukwila Neighborhood Revitalization. He indicated the process began in 1992 and has continued and involves bringing the staff out to the community to meet with the residents to obtain ideas, suggestions, or complaints regarding City interaction with citizens. Minutes of 3/23/98 Page 8 of 9 Rants attended Regional Puget Sound Council meeting on March 19. He said he lobbied RTA boardmembers. He reminded Councilmembers that an upcoming RTA meeting is scheduled and that it is important to attend. Rants attended the Union Gospel Mission meeting. He was disappointed that the Mission didn't have answers to questions from the attendees. Rants said he has received some citizen calls addressing their concerns that the Mission would house the homeless. Councilmember Duffle said Mr. Robert Grunneker was invited to the Parks Community regarding his setback issue concerning his storage shed. He researched all the local jurisdiction's code enforcements. Renton, Burien, SeaTac, Des Moines, and King County were some of the jurisdictions he visited. The Committee reviewed the information and will follow -up with him. Councilmember Mullet attended a Utilities Committee meeting and two of the items were discussed were on the agenda for tonight's meeting and the other was the fish enhancement on Riverton Creek where he planted some bushes. He said the restoration effort show some hope in reviving the salmon runs. Councilmember Carter referred to the consultant's use of the digital camera and how effective it was in that you can select which pictures need to be printed. She suggested that the City might have a need for one. She referred to the State Board Report and said it would be a good idea for the staff and Councilmembers and whoever wrote to the governor concerning vetoing the section of the bill that would consolidate transportation aid, TIB, and CRAB because the fear is that is would reduce control of the money by Cities. Brian Henley from RTA said there is less emphasis on the 99 route. She said that two people on the RTA board are indicating 99 is receiving less attention. There is a meeting of the Tukwila Community Cares Network on Wednesday, March 25. She referred to the Renton article regarding density levels and said the County wants more density, and since transportation is an important part of that, there are many positive reasons for locating a light rail station at Tukwila's CBD. Councilmember Haggerton reported on another agenda item at the Community Affairs meeting that pertained to the final claim settlement with ARC Architects for the Community Center in the amount of $16,500.00. This was based on the Mayor's approval to accept the settlement. There are five items that have been targeted for funding from the $16,500. However, the $16,500 will go into the General Fund 301 Budget. The ball field bleachers, a replacement tread mill, chair rails for rooms, the small landscape plantings, and funds remaining from future use of 1683 is the proposed list of expenditures. The list will be reviewed at the Finance and Safety Committee meeting. Haggerton attended a ACC meeting on Wednesday, March 18. Haggerton also plans to attend the Real Estate Panel meeting. Councilmember Fenton indicated he also attended the Utilities Committee meeting and found all the pictures that the consultant has done in conjunction with Boeing to be very helpful. He suggested that Councilmembers send a letter of thanks to Boeing as they have supplied the backhoe equipment and have done some of the work to help increase the restoration of fish habitat. Minutes of 3/23/98 Page 9 of 9 Fenton said he received a phone call from a citizen about one of the area's local business and the challenges they are having in trying to stay afloat. Fenton said he provided a letter to Administrator McFarland regarding Mike West's concerns. Administrator McFarland acknowledged the letter from Councilmember Fenton concerning Mr. West's concerns. He said there is very little the City can do, short of a code amendment, to help the situation. Mayor Rants indicated that at one time the situation seemed to have been resolved and then they changed their minds. McFarland said he distributed a copy of a fax from Linda Ring regarding the Regional Update on Governance and Finance. The GMPC Oversight Committee on governance and finance has released a package of governance and finance changes for public review and comment. McFarland said he hasn't received them and has a call in to Ms. Ring to obtain a copy. He will copy Council as soon as he receives the information. The City can comment directly to the oversight committee or to the GMPC. If Council would like a detailed briefing, one can be arranged. Also received was AWC's 1999 Legislature Policy Development letter. The Resolutions Committee will be accepting resolutions up until the business meeting. Resolutions need to be submitted 48 hours prior to the meeting on June 19. Carter commented that she didn't receive a copy of the letter. Haggerton said he has been receiving information late also and that he has missed some nomination deadlines for different council and committee positions. McFarland said the City recently appealed a towing decision and saved the City approximately $2700. He said the City continues to receive bad decisions from the Renton Court on the City's towing ordinance. He has written a letter complaining about the way the court is interpreting Tukwila's towing ordinance and suggested Tukwila may move cases from the Renton Courts to Tukwila's Hearing Examiner. ADJOURNMENT: The meeting adjourned to a Special Meeting at 9:30 p.m. "vr i- Pamela Linder, Council President Valerie Gow, Recording Secretary