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HomeMy WebLinkAbout1999-05-24 Committee of the Whole MinutesSPECIAL PRESENTATION: TUKWILA CITY COUNCIL May 24, 1999 7:00 p.m. Council Chambers City Hall COMMITTEE OF THE WHOLE MEETING MINUTES CALL TO ORDER: Council President Dave Fenton called the Committee of the Whole meeting to order and led the audience in the Pledge of Allegiance. COUNCILMEMBERS PRESENT: Council President Dave Fenton; Councilmembers Pam Carter, Jim Haggerton, Joan Hernandez, Steve Mullet, and Pamela Linder. Excused absence: Councilmember Joe Duffle. OFFICIALS: John Rants, Mayor; John McFarland, City Administrator; Steve Lancaster, Director of Community Development; Don Williams, Parks and Recreation Director; Rhonda Berry, Assistant City Administrator; Bob Noe, City Attorney; Nora Gierloff, Associate Planner, and Bob Baker, Deputy City Clerk. Rental Dwelling Licensing Mitch Nickolds, Code Enforcement Officer, City of Pasco Assistant City Administrator Rhonda Berry provided a brief review on the work and efforts of the Tukwila Hot Spots Task Force to improve the quality of rental housing. The group reviewed measures other cities have implemented including the City of Pasco's ordinance. The Task Force has drafted an ordinance, patterned after that of Pasco. Ms. Berry introduced Mitch Nickolds, Code Enforcement Officer for the City of Pasco. Mr. Nickolds shared that a landlord /property owner is required to obtain a yearly rental dwelling unit license. Every two years the licensed rental dwelling is required to secure certification of habitability. The inspection can be accomplished through a private inspector, by the code enforcement officer, or by a recognized certification from HUD or the State of Washington. For housing rentals requiring repairs to meet compliance, a period is allowed for repairs. Pasco's program was implemented in 1998. An estimated 4,079 units were initially targeted for licensing. Landlords or property owners certifying that a dwelling or unit is not rented are subject to civil violation if determined to be to the contrary. Certifications of non rental are accepted in lieu of the license. As of February 1999, 293 units remain unidentified as a rental dwelling unit. Mr. Nickolds reviewed the record of inspections that he has conducted since the program was implemented. In 1998, 78 inspections passed and one failed. A failed inspection denotes a rental unit is uninhabitable. City of Tukwila City Council of Whole Meeting Minutes During the first quarter of 1999, 728 inspections were conducted. Of those, 348 were HUD certifications from the local housing authority. Inspection corrections can include anything from a new roof to rewiring the entire house, reinstalling gas and electrical appliances, or sewer connections. Failed inspections comprise approximately 9% of all rental units. Landlords are allowed up to 30 days to make corrections as needed and the units are allowed to stay occupied, unless they pose a danger or extreme hazard to occupants. Mr. Nickolds provided the following answers to Council questions: The base fee for a primary residential dwelling on a parcel is $30. A multi family property is charged a $30 base fee with each additional unit assessed $3 each. The Landlord Tenant Act prohibits landlords from arbitrarily raising rent as a result of licensing or repair requirements. Single family residences (rental homes) are also included in the ordinance. A number of resources are available to determine if homes are owner occupied or rented. The ratio for inspections of multi family versus single family rental units is approximately 1.7 to 1 So- called mother -in -law apartments that are metered separately and are not occupied by the primary resident owner are considered a rental unit and are inspected. After the first year of the program, the administrative processes were reevaluated and revamped to improve administrative efficiencies. Personnel costs associated with the program are approximately $65,000 per year. Licensing fees generate approximately $43,000 from 4,000 rental units. A full -time code enforcement officer could manage up to 4,000 rental units. The license fee equates to a rental dwelling business license. The Pasco ordinance is currently being challenged in court. Inspections cover a two -year period, regardless of change in ownership. If a dwelling unit is sold the inspection certificate transfers with the sale of the property. The proposed ordinance is scheduled for review at the next Finance and Safety Committee meeting. CITIZEN COMMENT /CORRESPONDENCE: Page 2 of 9 May 24, 1999 William Goriance, 16604 53r Avenue South. Tukwila. requested the City extend trail #14, which meets at 53` Avenue South to the South 168 Street (located in Sea Tac). In past years, the posts identifying the trail ended at the sidewalk within the City limits of Tukwila. The posts have been moved to the end of the paved street, which leaves the intervening distance with no paved route resulting in a muddy walkway in the winter and a grassy area in the summer. The path is well traveled by children and adults. He requested the City ascertain if the area is within the City limits of Tukwila and if so, gravel or pave it. The request was referred to the Community Affairs and Parks Committee for review. Dixie Archer. 13013. 56"' Avenue South. Tukwila. thanked the Council for their assistance on 124' Avenue. She noted several remaining issues include additional graffiti on a building at the City of Tukwila City Council of Whole Meeting Minutes Page 3 of 9 May 24, 1999 end of Interurban and double parked cars near the Duwamish Park. She suggested not allowing any overnight parking at the park. Ms. Archer noted that staff has indicated the footbridge is not included in the City's work program for 1999. She suggested the Council consider action next year and begin involving the community and some local youth groups in the process, both financially and with the project. Foster Point students are adopting a trail from Interurban to 42n Avenue. The Duwamish Improvement Club is extending it from 42n Avenue to Highway 99. She commented on the increased involvement of the community. Ms. Archer said the only other area that needs enforcement is a building located on a corner between 124" and 125''' Avenue. Councilmember Linder acknowledged Ms. Archer's leadership and direction and thanked her for her work with improving the area. Charlie Frank. 5795 South 130"' Place. Tukwila. indicated a long roadway that leads into his property is frequently littered. He has reviewed the issue with code enforcement and was advised the City can not act, as the roadway is private property. He requested the Council review the issue or provide direction on how to solve the problem of individuals dumping trash. Attorney Noe noted that under certain circumstances, the City can compel cleanup on private property, if the property has been deemed as a public nuisance. Council referred the issue to the Finance and Safety Committee. Councilmember Haggerton said he was contacted by Jesse Woods concerning the ongoing noise at the firing range. Mr. Wood complained the problem has not subsided and requested Council action to resolve it. Councilmember Mullet said staff is aware of the concerns. PUBLIC HEARING: Request for hardship waiver under Ordinance No. 1867 which enacted a six -month moratorium on the filing of applications for business licenses and development permits for food or drink establishments conducting gambling activities, including social card games, punch boards, or pull tabs. Applicant: SBD Inc., 14060 Interurban Avenue, Tukwila, WA Council President Fenton announced this is a continued public hearing which began May 17; and, that it remains a quasi-judicial matter. The Council, upon closing of the public hearing, will attempt to reach consensus and forward the results to the City Attorney who will develop findings and conclusions to be adopted at the next regular Council meeting. Attorney Noe swore in persons wishing to testify. Steve Jones. Foster Penner Sheffelman. renresentine SBD Inc.. advised Council he has admitted a supplemental memorandum addressing questions raised by the Council at the hearing City of Tukwila City Council of Whole Meeting Minutes Page 4 of 9 May 24, 1999 on May 17. The memo includes information on when the application was submitted, discussion between the parties concerning the vacation of Maule Avenue, and the issue of SBD Inc. not moving forward in response to the City's request for improvements under the parking agreement. SBD Inc. believes it has complied with the ordinance and that an unreasonable hardship has been placed upon them. Currently, SBD Inc. is the only party affected by the moratorium. Permits are well underway with the expectation that a permit will be received. In conclusion, the unreasonable hardship is a result of the moratorium. Responding to questions from the Council, Mr. Jones relayed the following: BBN Trust is the owner /landlord of the property. SBD Inc. is the tenant that wants to do the development; Steven Dowen, operator of the Riverside Inn, leases the property from BBN Trust. Mr. Jones explained Dowen has an option to acquire the property adjacent to that of the Riverside Inn, thus the reason for signing the SEPA application checklist as property owner. Councilmember Hernandez referred to the January 22, 1999 letter from Nora Gierloff, and asked if SBD Inc. has pursued discussions with the other agencies as recommended in the letter. Mr. Jones said discussion have been conducted but not concluded with the respective agencies. Council President Fenton referred to other requirements outlined in the letter and requested the status. Mr. Jones said that because of the moratorium some of the issues have been in abeyance. The City's position has been that because the application was not complete on January 25, 1999, the application was not vested when the moratorium took effect on February 1, 1999. No additional materials could be submitted as the moratorium effectively halts all processes. Councilmember Linder reiterated that based on the letter from Development Services, some elements of the proposed project were allowed to continue and the applicant was advised as to what those elements included. She pointed out specific elements that could entail additional work and questioned Mr. Jones' response regarding the cessation of the project by the applicant. Mr. Jones responded and said his discussions with City Attorney Noe were similar to the position that since the application was not vested and the moratorium was in affect, more studies and submittals were not warranted during the moratorium. Director Lancaster referred to information provided in the agenda packet that Council requested after the public hearing on May 17 regarding the development review timing process for the project. Also referenced in the agenda packet is the discrepancy between the physical location and the survey location of 140 Street. It is an issue to be resolved by staff and was not considered when the application was returned for incompleteness. While an issue, it should not delay the development review process. Director Lancaster indicated that there were a number of items the applicant could have continued to pursue. Additionally, SBD Inc. is not the only business to be affected by the moratorium. Correspondence has been received from another casino indicating that they, too, would like to be considered for a waiver if the Council exempts SBD Inc. from the moratorium. City of Tukwila City Council of Whole Meeting Minutes Director Lancaster referred to several other points addressed by the applicant and pointed out that the moratorium is a citywide moratorium and applies to all areas of the City to include Interurban Avenue. Additionally, the assertion that if the moratorium were lifted, the development would automatically receive approval for citing on Interurban Avenue is incorrect as it is dependent upon legislative actions by the Council concerning the siting of casino businesses. Director Lancaster responded to a question by Councilmember Haggerton and said the applicant has had very little contact with the department since the moratorium was enacted. Attorney Noe swore in Nicole Woyvodich who submitted a letter for the record. Council President Fenton entered a letter dated May 21, 1999 from Tim Iszley of the Silver Dollar Casino into the record. Attorney Noe swore in Anna Bernhardt Anna Bernhardt. 14241 59 Avenue South, Tukwila., urged the Council to keep the moratorium intact and consider the issue very carefully. She urged the Council to take its time and wait out the six months then study the issue carefully. Council president Fenton closed the public hearing at 8:07 p.m. Page 5 of 9 May 24, 1999 Councilmembers shared their opinions on the vesting issue with all agreeing the applicant did not satisfy the City's vesting requirements. Additional discussion points included the Council's review of the specific timeline related to the submission of the application, other requirements the applicant needed to satisfy with respect to the City right -of -way, adherence to shoreline requirements, and whether the applicant fulfilled the requirement of establishing that an undue hardship existed as a result of the moratorium. Councilmembers were unanimous in their agreement that no hardship had been proven and that the applicant could have pursued other issues related to the completeness of the application during the moratorium. Council President Fenton announced the Council would advise the City Attorney on findings and conclusions and decision for presentation at the next Regular meeting. SPECIAL ISSUES a. 1999 Interlocal Agreement with Airport Communities Coalition Councilmember Linder noted the agreement has been reviewed by the Finance and Safety Committee. Councilmember Haggerton referred to the underlined changes and indicated the technical committee of the ACC edited the agreement. The agreement is a solid agreement that is worthy of approval by member cities. City of Tukwila City Council of Whole Meeting Minutes The agreement remains in affect for more than a year but is required to be annually reviewed and approved. Member cities and school districts have the right to withdraw from the agreement, however there is a penalty assessed for doing so. Council President Fenton moved the item to the Special Meeting agenda after this COW meeting. b. Crestview Park addition design review Page 6 of 9 May 24, 1999 Director Williams said the review would include two sections of the Crestview Park. The decision by Council to allow the Highline Water District reservoir in Crestview Park will have a major impact. The second section of the park includes reviewing the new park area where buildings have been removed making way for an additional park area. Area A represents the existing park area and Area B is the new park area. Director Williams reported staff is currently reviewing drawings submitted by the Highline Water District for the new park area. He indicated that although the park is an existing one, the public, Parks Commission, and the Community Affairs and Parks Committee were involved in reviewing the reconstruction plan and providing input. Director Williams reviewed the proposed park improvements to Area A, the existing park. The reservoir will increase the area height by approximately one foot. Several large Douglas fir trees will need to be removed. The reservoir tank will be buried underground. The grades around the buried tank are satisfactory An asphalt trail surrounds the tank with the picnic shelters moved halfway between the parking area and the north side of the park along the path and near the play equipment. One grading change the Parks Commission recommends is moving a berm located in Area B further south. Changes in landscaping include: Includes the addition of Austrian Black Pine trees to provide a barrier between the upper pathway along the new area and residential. An existing four -foot cyclone fence is recommended to be replaced with a six -foot steel fence with slats. The Parks Commission is also recommending a six -foot steel fence in the west and south areas of the new park area. Councilmember Linder questioned the status of the lighting. Director Williams said the old building had floodlights off the northeast and northwest corners of the building. Although the park gate is closed at dusk, the park remains open. Three lighting options are available that will not trespass into the adjacent neighborhood. City of Tukwila City Council of Whole Meeting Minutes Page 7 of 9 May 24, 1999 Keith Harris, Manager of Planning and Construction for Highline Water District questioned the need for a six -foot fence on the southern and western edge of the parking lot. Citizens attending the numerous public meetings conducted by both the City and the Highline Water District never expressed a need for a taller fence along those perimeters. M. Harris indicated the existing fence is four feet in height. Bill Gorjance said he would like to comment on the project from the perspective as a citizen and as a member of the Arts Commission. From a citizen's perspective, he suggested a plaque or memorial identifying the area as a previous school. As an Art Commissioner, the features of the park are not unique; however, the 200 -foot diameter around the reservoir lends itself to placement of some interesting art features. Art improvements should have been included in the agreement with the Highline Water District. One idea includes a variation of a maze that was included at the Duwamish Park. Another is to include a water feature that would highlight the water district. He requested Council require an art element within the park design. Councilmember Mullet stated he was under the impression that citizens discussed the maze idea and that it was going to be included. Bill Gorjance noted it was never the intent of the Arts Commission or the City to fund art improvements. He suggested that the Highline Water District provide art as part of the development. Mr. Harris reminded Council that the reservoir is watertight and to incorporate a water feature on top of the reservoir is not appropriate with respect to public health standards. A water feature and its related components would add too much weight. The water district has purchased a perpetual easement for the property and the agreement with the Parks Department is to replace items and maintain the park as it was in its original condition. He suggested trading the six -foot fence around the parking area for desired enhancements relating to the maze (paving stones). The Council expressed some concerns with requiring art features "after the fact" and potential impacts to permitting process and the construction schedule. Director Williams advised the Council that conditions to the landscape plan could be modified to include art enhancements. Councilmember Mullet concurred with Mr. Harris' proposal to include a maze instead of the six foot fence. Director Williams noted that when Council approved the placement of the reservoir, a condition was placed on the water district to rebuild the park to the City's satisfaction. For the new park area, Council's approval of several weeks ago stipulates that the City would work with the school district and the water district to determine a design for the new area. Based on the proposed improvements, the water district has agreed to move forward. Councilmember Haggerton said he would prefer not sacrificing the six -foot fence around the parking area. Councilmember Linder concurred with the recommendation by Mr. Harris to include the maze instead of the six -foot fence. Councilmember Carter noted that the drop in grade between the parking area and the residential area is considerable and is hesitant to remove the requirement for a six -foot fence. Councilmember Mullet concurred with Councilmember Linder and stated no public comment was received concerning the six -foot fence. City of Tukwila City Council of Whole Meeting Minutes Zoning Code landscape revisions Page 8 of 9 May 24, 1999 Director Williams stated he would take what he sees as a consensus among Council and move the item to the Planning Department to address design changes and the addition of the maze and then do a call for bids. Associate Planner Nora Gierloff referred to Council's review of the May 10 draft landscape ordinance and the request for additional information on several areas. One of the questions pertained to landscape screening of detention ponds. It is not addressed in the current ordinance but is referenced in the proposed draft ordinance. The requirements in the ordinance are geared towards perimeter and parking landscaping. A section is included for landscape screening for certain sites, i.e., outdoor storage and garbage collection areas. Ms. Gierloff recommended including detention ponds in the same general category but allow some flexibility within the ordinance that could be reviewed during the design review process. Councilmember Carter said her request for including landscaping around detention ponds was not to completely shield the pond but pertained to including native plants rather than having the area overgrown with weeds. Director Lancaster noted that landscaping in and around detention ponds may conflict with specific requirements and functions of the pond, which could preclude a specific design or approach to landscaping requirements around detention ponds. He suggested working with public works and reviewing what design standards would be appropriate for those areas. Council President Fenton indicated Council concurrence with staff's recommendation on the issue. REPORTS: Due to the number of remaining issues before the Council, Ms. Linder suggested Council dispense with reports and take a :05- minute recess before commencing executive session. Council concurred. EXECUTIVE SESSION: (9:14 p.m.) Executive session began. (10:07) Executive session ended. No action was taken. City of Tukwila City Council of Whole Meeting Minutes ADJOURNMENT: (10:07 p.m.) With no other business to come before the Council, Council President Fenton declared the meeting adjourned. Dave Fenton, Council Pr sident 7/ RalL? Robert H. Baker, CMC, Deputy City Clerk for Valerie Gow, Recording Secretary Date Minutes Signed: 7 /2 /99 Page 9 of 9 May 24, 1999