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HomeMy WebLinkAbout2010-09-13 Committee of the Whole Minutes 4 .*1 L.4 A.,..'S 4s Tukwila City Council Committee of the Whole Meeting City Hall Council Chambers September 13, 2010 7:00 P.M. s ue MINUTES EXECUTIVE SESSION Start: 6:03 p.m. Council President Robertson announced the purpose of the Executive Session is to discuss a Personnel Matter Pursuant to RCW 42.30.110(1)(g). It will last no more than 60 minutes, and no decisions will be made during the Executive Session. Attendees. Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney; Shawn Hunstock, Finance Director; Stephanie Brown, Human Resources Director; Cabot Dow, Labor Consultant; Kimberly Matej, Council Analyst; Tukwila City Councilmembers Joe Duffie, Joan Hernandez, Dennis Robertson, Verna Seal, Kathy Hougardy, De'Sean Quinn. Councilmember Ekberg was not present. 6:08 p.m Councilmember Ekberg entered the Council Chambers End 6:56 p m. COMMITTEE OF THE WHOLE MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Robertson called the Tukwila City Council meeting to order at 7.08 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Dennis Robertson, Council President, Councilmembers Joe Duffie, Joan Hernandez, Allan Ekberg, Verna Seal, Kathy Hougardy, De'Sean Quinn CITY OFFICIALS Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shawn Hunstock, Finance Director; Bob Giberson, Public Works Director; Ryan Larson, Senior Engineer; Gail Labanara, Public Works Analyst; Rick Still, Parks and Recreation Director; Dave Johnson, Acting Parks and Recreation Deputy Director; Jack Pace, Community Development Director; Nora Gierloff, Community Development Deputy Director; Rebecca Fox, Senior Planner; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS There were no citizen comments. PUBLIC HEARING a. An ordinance renewing a moratorium on the filing of applications for development permits for food or drink establishments conducting social card game gambling activities. Jack Pace, Community Development Director, explained that the Council is being asked to conduct a public hearing on an ordinance renewing the six -month moratorium on the establishment of social card gambling activities. Mr. Pace indicated the current moratorium is set to expire on September 22, 2010 Tukwila City Council Committee of the Whole Minutes September 13, 2010 Page 2 of 7 The City is currently engaged in the state legislative process for more local control regarding the location of these uses, and the current moratorium will expire before the legislative process is completed Melissa Hart, Deputy City Clerk, acknowledged receipt of 1 written comment received in the City Clerk's Office relating to the renewal of a moratorium on the filing of applications for development permits for food or drink establishments conducting social card game gambling activities The following written comments were distributed to the City Council and referenced into the record A letter from Jay Derr from the law firm of GordonDerr, dated September 9, 2010, referencing the proposed extension of the card room moratorium 7:12 p.m. Council President Robertson opened the Public Hearing and called for public comments. There were no public comments. 7:13 p.m. Council President Robertson closed the Public Hearing. b. 2010 Comprehensive Plan amendments. Rebecca Fox, Senior Planner, explained the City considers amending the Comprehensive Plan /Zoning Map once a year. For the 2010 amendments, the City has received 3 applications for proposed Comprehensive Plan /Zoning Map amendments The City Council accepted comments at a public meeting on June 28, 2010 and forwarded the 3 applications to the Planning Commission on July 6, 2010. The Planning Commission conducted a public hearing on the applications at the July 22, 2010 Planning Commission meeting The Planning Commission recommended approving the Macadam, LLC and Tukwila South Zoning applications and recommended denial of the Wooden, LLC request. 1. Wooden, LLC application to amend the Comprehensive Plan /Zoning Map on 2 parcels including: 1) Manufacturing Industrial Center /Light to Office; and 2) Low Density Residential (LDR) to Office. Ms. Fox utilized a PowerPoint presentation outlining the requested changes on the application from Wooden, LLC. Wooden, LLC requested a rezone for the two properties located at 3912 and 3914 South 115th Street from Manufacturing Industrial Center and Low Density Residential to an Office designation. The primary change would be to allow professional office, gallery and similar uses, versus the current industrial uses, such as auto repair, manufacturing and storage yard. 7:22 p.m. Council President Robertson opened the Public Hearing and called for public comments. Melissa Hart, Deputy City Clerk, asked the following "Appearance of Fairness" questions of each of the 7 Councilmembers: 1 Do you have any interest in the subject property (3912 and 3914 South 115 Street)? 2. Do you stand to gain or lose by your decision on this matter? 3. Have you had any ex -parte communications regarding this application? Councilmembers Duffie, Hernandez, Robertson, Seal and Quinn answered "NO" to all of the above questions Councilmembers Seal and Hernandez explained they received telephone messages from the applicant and did not speak with him. Councilmembers Ekberg and Hougardy answered "YES" to Question Number 3 Tukwila City Council Committee of the Whole Minutes September 13, 2010 Page 3 of 7 Ms. Hart asked the audience if there were any objections to Councilmember Hougardy and Councilmember Ekberg presiding over the above titled matter There were no comments received from the audience Council President Robertson called for public comments on the proposed Wooden, LLC amendment. Frank Firmani, 2400 NW 80 Street, Suite 162, Seattle, indicated he is the applicant for this request. He explained his goal is to construct a friendly development that complements the City's newest park. He feels that approval of the application for office designation would allow him to move forward with a project that the City and neighborhood could enjoy. Mr. Firmani explained that at the public hearing conducted by the Planning Commission on July 22, 2010, he forgot to provide visual diagrams of his vision He distributed copies of the vision to the Council. Eric Cobb, 3218 E. Columbia Street, Seattle, explained he is one of the architects consulted by Mr Firmani He explained that all the previous projects Mr Firmani has previously completed have included sensitive area issues, and those projects were successfully completed. Mr Cobb utilized the visual displays to distinguish between the existing code with a development and the proposed office designation and a development. He explained that Mr. Firmani proposes a 3 -story building, limited at 35 -feet in height, with increased setbacks and lush vegetation buffers The designation of office would also include a City design review and citizen comment period. They feel that the office designation would allow for office space and other uses that would contribute to daytime street activity and could possibly increase the sales tax receipts. Mr. Cobb indicated the proposed landscape features for the area would provide a dramatic improvement to the neighborhood and the adjacent park. Josh Johns, 911 Western Avenue, Seattle, explained he has worked with Mr Firmani on the Wooden, LLC rezone. He feels the rezone would be a positive addition to the neighborhood, community and the City. David Shumate, 11534 East Marginal Way South, explained he is speaking in support of the Wooden, LLC application and the construction of a small office building. He explained the current zoning would allow a storage area, adult entertainment, auto repair and other manufacturing /light industrial uses that are not in the best interest of the City. The proposed application would allow for greater development setback, lush landscaping, larger vegetation buffers, and other uses for the area that would benefit and beautify the neighborhood He asked the Council to approve the office designation request. Sean Albert, 4023 South 114 Street, explained he is speaking in support of the Wooden, LLC application. The project is located at the entrance to his neighborhood and directly next to the Duwamish Hill Preserve. He explained he has volunteered many hours in the City's parks, and he feels the proposed project would be a wonderful gateway to the neighborhood. He explained he is a Parks Commissioner, and it would be nice to have a new green -build building in the neighborhood Mr Albert distributed a letter to the Council by his wife, Patty Cokus, who could not be in attendance this evening. Laurie Shumate, 11534 East Marginal Way South, explained she is in favor of the proposed rezone application. She indicated the vacant lots allow for disturbing behavior of abandoned vehicles, furniture and garbage dumping, that has happened over the years. The current uses allowed under Manufacturing /Industrial zoning include continued use as a storage site for cargo containers, coin operated laundry, auto repair facility and other potentially unwanted uses that would not benefit the neighborhood. She explained the proposed building height of 35 -feet would be allowed under the current zoning allows, without the office space. She urged the Council to approve the Office designation rezone request. Cheryl Woodruff, 4111 South 113 Street, explained she is in support of the proposed rezone application. The Office zone is a more friendly option than the current Light Industrial zoning for a property that is surrounded by residents and a City park. She feels the proposed designations have met the City's purpose for granting Comprehensive Plan /Zoning Map amendments. She explained there are many uses that could overlap the 3 different current zoning categories, and she hopes the developer will continue with the proposed "community friendly" choice of development. The area is in need of a place Tukwila City Council Committee of the Whole Minutes September 13, 2010 Page 4 of 7 where residents can socialize and get to know each other, such as a small cafe or coffee shop. She thanked the Council for their time and consideration of this request. Melissa Hart, Deputy City Clerk, acknowledged receipt of 2 written comments received in the City Clerk's Office relating to the Wooden, LLC application for the Comprehensive Plan amendment. The following written comments were distributed to the City Council and referenced into the record 1 An email from Laurie Shumate, dated September 13, 2010, referencing her support for the Wooden, LLC rezone application. 2. An email from David Shumate, dated September 13, 2010, referencing his support for the Wooden, LLC rezone application 2. Macadam, LLC application to redesignate a parcel from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR). Ms. Fox utilized a PowerPoint presentation outlining the requested changes on the application from Macadam, LLC: Macadam, LLC requested a rezone of property located at 4300 South 133rd Street, a single parcel, from Commercial /Light Industrial to Medium Density Residential That change would allow up to 14.5 housing units per acre versus light industrial uses. This particular lot has a variety of environmental issues such as a wetland, a water course and their associated buffer zones, so there is not much developable land. A code violation on that property is also being resolved Melissa Hart, Deputy City Clerk, asked the following "Appearance of Fairness" questions of each of the 7 Councilmembers: 1 Do you have any interest in the subject property (4300 South 133` Street)? 2 Do you stand to gain or lose by your decision on this matter? 3 Have you had any ex -parte communications regarding this application? Each of the 7 Councilmembers answered "NO" to all of the above questions. Councilmember Ekberg explained he owns property approximately 1 block southeast from 4300 South 133` Street. Ms Hart asked the audience if there were any objections to Councilmember Ekberg presiding over the above titled matter. There were no comments received from the audience Council President Robertson called for public comments on the proposed Macadam, LLC amendment. There were no public comments. 3. City of Tukwila application to establish zoning for the recently annexed area known as Tukwila South. Ms. Fox utilized a PowerPoint presentation outlining the Zoning for the recently annexed area known as Tukwila South Establish zoning in Tukwila South annexation area. Upon completion of the Tukwila South annexation in 2009, it was discovered that adequate zoning for the annexed 259 acres was not in place Zoning should be consistent with the Comprehensive Plan designations. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are the same. Tukwila City Council Committee of the Whole Minutes September 13, 2010 Page 5 of 7 Council President Robertson called for public comments on the proposed Tukwila South amendment. There were no public comments. 8:07 p.m. Council President Robertson closed the Public Hearing. SPECIAL ISSUES a. An ordinance renewing a moratorium on the filing of applications for development permits for food or drink establishments conducting social card game gambling activities. Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on August 23, 2010. The committee members were unanimous in recommending approval. The City is currently engaged in the state legislative process for more local control regarding the location of these uses, and the current moratorium will expire before the legislative process is completed Renewing the moratorium is necessary as staff continues to be engaged in the legislative process and continues to study options related to zoning regulations involving food and eating establishments where social card game gambling activities could be allowed. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. 2010 Comprehensive Plan amendments. Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on August 23, 2010. The committee members were unanimous in recommending approval. 1. Wooden, LLC application to amend the Comprehensive Plan /Zoning Map on 2 parcels including: 1) Manufacturing Industrial Center /Light to Office; and 2) Low Density Residential (LDR) to Office. The Councilmembers reviewed the application and asked clarifying questions COUNCIL CONSENSUS EXISTED TO REQUEST STAFF TO PREPARE 2 NEW ORDINANCES THAT WOULD APPROVE THE REQUEST, TO INCLUDE THE STAFF RECOMMENDED CONDITIONS (PAGE 41 OF THE AGENDA PACKET) AND FORWARD TO THE NEXT REGULAR MEETING. 2. Macadam, LLC application to redesignate a parcel from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR). The Councilmembers reviewed the application and asked clarifying questions COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 3. City of Tukwila application to establish zoning for the recently annexed area known as Tukwila South. The Councilmembers reviewed the application and asked clarifying questions COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. A resolution relating to the preservation, protection, and use of the former Tukwila grade school/Tukwila City Hall building for heritage and culture. This item was discussed at the Community Affairs and Parks Committee meeting on August 23, 2010, and the Finance and Safety Committee on August 17 and September 8, 2010 The committee members were unanimous in recommending approval. Tukwila City Council Committee of the Whole Minutes September 13, 2010 Page 6 of 7 The former Tukwila Grade School and Old City Hall building at 14475 59 Avenue South is located on a large parcel that includes Fire Station 52 and Hazelnut Park. Since the building is listed on the National Historic Register and the overall lot is zoned Low Density Residential (LDR), the building use is conditional and limited. Staff recommends that this building be made available for lease to the Tukwila Historical Society for use as a center for Heritage and Culture. The Councilmembers discussed this issue and requested that staff modify the draft resolution to reflect a 5 -year lease for the facility with the Tukwila Historical Society It was also requested that copies of the letters of support the City has received regarding use of the building as a heritage center be included in the September 20 Council agenda packet. The minutes from the April 19 and 26, 2010 Council meetings and the September 1, 2010 Informational Memorandum provided to the Finance and Safety Committee should also be included in the September 20 Council packet. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Tukwila 205 Levee Repair, Lily Pointe, easement interest payment. Councilmember Hougardy indicated this item was discussed at the Utilities Committee meeting on August 24, 2010. The committee members were unanimous in recommending approval. The U S. Army Corps of Engineers completed repairs to the Tukwila 205 Levee in 2008. The repairs at Site 3 required additional easements from two property owners. The easements will be reimbursed by King County Flood Control District through a tri -party Purchase and Sale agreement, but King County Flood Control District did not commit to the interest payment. Staff is seeking Council approval for the Purchase and Sale agreement and funding for the interest payment for the easement acquisition to Lily Pointe in an amount not to exceed $75,000.00. The Councilmembers discussed this issue and asked clarifying questions of staff. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. A resolution ordering the cancellation of unclaimed property. Councilmember Quinn indicated this item was discussed at the Finance and Safety Committee meeting on September 8, 2010. The committee members were unanimous in recommending approval. Shawn Hunstock, Finance Director, explained this resolution is the annual cancellation of abandoned funds (unclaimed property). The unclaimed property will be remitted to the Washington Department of Revenue, Unclaimed Property Section. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. f. Budget: Parks and Recreation program reductions. Rick Still, Parks and Recreation Director, provided an overview of the analysis of recreation program costs. Mr Still identified program reductions and changes to implement Council policy direction toward achieving necessary budget savings for 2011 -2012. In March 2010, the Council requested that staff identify measures necessary to reduce the Parks and Recreation Department budget by $448,000 Staff has identified approximately $400,000 in recreation program reductions and $155,000 in new program revenue, for a total budget savings of approximately $555,000 annually. Mr. Still explained that part-time staffing levels for the department would be reduced, as well as a reduction of 3 full -time employees The Councilmembers reviewed the Variable Cost Analysis, exchanged comments, and asked clarifying questions of staff on this topic. Council President Robertson requested the Parks and Recreation Department begin the process to amend the Parks and Recreation Fee Structure in Resolution No. 1414. Tukwila City Council Committee of the Whole Minutes September 13, 2010 Page 7 of 7 REPORTS a. Mayor Mayor Haggerton reminded the Council of the September 14, 2010 ribbon- cutting ceremony for Jollibee's and Red Ribbon Bakery at 8:30 a.m He attended the Tukwila Police Department "black and white" vehicle rollout on September 8, 2010. The Mayor explained the new black and white vehicles are approximately $10,000 Tess than the customary blue vehicles He updated the Council on the Klickitat project and relayed that he has signed the grant- funding encumbrance that was needed to begin the bid process b. City Council Councilmember Duffie attended the Tukwila Police Department "black and white" vehicle rollout on September 8, 2010. Councilmember Hernandez attended the Tukwila Police Department "black and white" vehicle rollout and the Fire Exploratory Committee meeting on September 8, 2010. Ms. Hernandez hosted the Council Coffee Chat on September 11, 2010, and she will be participating in the September 15, 2010 Fire Exploratory Committee meeting. Councilmember Hougardy attended the Tukwila Police Department "black and white" vehicle rollout and the Fire Exploratory Committee meeting on September 8, 2010 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 Kimberly Matej, Council Analyst, indicated the Council's amended budget review schedule would be forthcoming. ADJOURNMENT 9:06 p.m. COUNCIL PRESIDENT ROBERTSON DECLARED THE COMMITTEE OF THE WHOLE MEETING OURNED nnis Robertson Council President Melissa Hart, Deputy City Clerk