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HomeMy WebLinkAbout2014-04-28 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers April 28, 2014 — 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Quinn called the Tukwila City Council meeting to order at 7:01 p.m. and Councilmember Seal led the audience in the Pledge of Allegiance. OFFICIALS Present were De'Sean Quinn, Council President, Councilmembers Joe Duffie, Dennis Robertson, Allan Ekberg, Verna Seal, Kate Kruller. Councilmember Hougardy was not present. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Mike Villa, Police Chief; Jack Pace, Community Development Director; Minnie Dhaliwal, Planning Supervisor; Derek Speck, Economic Development Administrator; Laurel Humphrey, Council Analyst; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS There were no citizen comments. PUBLIC HEARING A. Consideration of recommendations by the Planning Commission regarding the Southcenter Subarea Plan, implementing Zoning Code regulations and the Southcenter Design Manual (continued from the April 14, 2014 Committee of the Whole Meeting). The Southcenter Plan documents the existing conditions in the area and establishes a vision for change in the future. The proposed zoning regulations, when adopted, will replace the existing Tukwila Municipal Code Chapter 18.28 and be used to evaluate development proposals and improvement plans proposed on properties within the Southcenter area (TUC District). The Southcenter Design Manual will provide additional design detail for projects subject to design review. 7:03 p.m. Council President Quinn reopened the public hearing. Melissa Hart, Deputy City Clerk, acknowledged receipt of 3 written comments received in the City Clerk's Office relating to the Southcenter Subarea Plan. The following written comments were distributed to the City Council and referenced into the record: 1. A 2 -page letter from Martin Jamie Durkan on behalf of the Desimone Family dated April 18, 2014, requesting modifications to the (Transit Oriented Development) TOD Area of the proposed Southcenter Subarea Plan. 2. A 1 -page letter from Olympus Spa, Inc. dated April 25, 2014, supporting the proposed Tukwila Urban Center Plan (Southcenter Subarea Plan). 3. A 2 -page letter from Hillis Clark Martin & Peterson on behalf of Target Corporation dated April 28, 2014, providing suggested edits and clarifications on the proposed Southcenter Subarea Plan. Council President Quinn called for any additional written comments. There were no additional written comments. 7:05 p.m. Council President Quinn closed the public hearing. Tukwila City Council Committee of the Whole Minutes April 28, 2014 Page 2 of 9 b. An ordinance amending the 223 Andover Park East Development Agreement with South Center WA, LLC. 7:05 p.m. Council President Quinn opened the public hearing. Derek Speck, Economic Development Administrator, explained the item before the Council is the proposed Washington Place development at 223 Andover Park East, known as the former Circuit City site. In early 2013 the property owner, Mr. Omar Lee, proposed to build an 18 -story structure with a hotel and residential units. At that time the Council supported the development and approved a Development Agreement granting the right to build to 180 feet and include residential units. Since that time, the owner has continued to refine the project and in March 2014, they submitted the plan for design review approval. It is tentatively scheduled for the Board of Architectural Review (BAR) hearing near the end of May. In order to be considered by the BAR, the project must meet the City's Zoning Codes. As proposed, there are four aspects of the project that do not meet the current codes and the property owner has requested an amendment to the existing Development Agreement so the project may continue. The four aspects are: building height, open space, signage and parking. The staff report (pages 5 -10 of the agenda packet) includes detailed explanations of the issues, and the staff recommendation for approval of the proposed amendment to the Development Agreement. If Council approves the proposed amendment, the project can continue through design review. Mr. Lee and his team are available for questions. Council President Quinn called for public comments. Robert Wiley, 4211 Holly Lane, Mercer Island, stated he is a managing partner of Fidelity Northwest Associates, and he owns the property immediately south of the proposed project site. He previously spoke in support of the proposed project. He stated the City has made a statement about creating a vibrant place. He feels the proposed development would meet that statement and would benefit the City and surrounding community. He commented that he supports the project and he has spoken to Mr. Lee about any potential parking issues. Additionally, he would like to make sure that height limitations are not placed on their property limiting any future development. 7:12 p.m. Council President Quinn closed the public hearing. SPECIAL ISSUES a. Tukwila Urban Center District zoning regulations and design plans. (Southcenter Subarea Plan and Southcenter Design Manual) Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting and at the April 14, 2014 Committee of the Whole Meeting. The committee members forwarded this item to the Committee of the Whole Meeting. The Southcenter Plan documents the existing conditions in the area and establishes a vision for change in the future. The proposed zoning regulations, when adopted, will replace the existing Tukwila Municipal Code Chapter 18.28 and be used to evaluate development proposals and improvement plans proposed on properties within the Southcenter area (TUC District). The Southcenter Design Manual will provide additional design detail for projects subject to design review. Council President Quinn commented that since new comments have been received, this item is tentatively scheduled for discussion at the May 12, 2014 Committee of the Whole Meeting. Public Hearing comments received will be included in a matrix for Council review at that time. Tukwila City Council Committee of the Whole Minutes April 28, 2014 Page 3 of 9 b. An ordinance amending the 223 Andover Park East Development Agreement with South Center WA, LLC. Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on April 15, 2014. The committee members forwarded this item to the Committee of the Whole Meeting. In March 2013 the City executed a Development Agreement with South Center WA, LLC so the owner of 223 Andover Park East (the former Circuit City site) could construct a building up to 180 feet tall that includes apartments or condominiums. Since that time, the developer has continued to refine the project plan. Recently, the developer submitted an application for the City's design review process which is tentatively scheduled to be considered by the Board of Architectural Review (BAR) on May 22, 2014. As currently proposed, the project does not meet certain zoning and sign code standards. Therefore, the City Council would need to approve an amendment to the Development Agreement allowing modifications to those standards to enable the BAR to consider the project. Councilmember Robertson feels that the information presented in the agenda packet was a good effort to address some of the issues discussed during the Committee meeting. He stated he is comfortable with the recommendation. However, he does have some questions on the proposed agreement. Councilmember Seal asked staff to summarize the information relating to the parking and signage issues that have changed since the April 15, 2014 Community Affairs and Parks Committee. Additionally, Council President Quinn asked staff to speak to the recommendation provided and any collaboration with Mr. Lee and his development partners. Mr. Speck explained the proposed amendments to the Development Agreement regarding signage include canopy signs that would be 3 -feet in height and calculation of the wall signs using the formula in the Master Sign Program. The Master Sign Program would allow the wall signs to be a maximum of 500 square feet. Regarding the parking issues, staff believes the residential parking requirements proposed for the Southcenter Plan are the minimum necessary for the project. The developer is proposing construction of a parking garage that will cost approximately $30,000 per stall to construct. Council President Quinn asked for clarification on the original parking number provided to the Community Affairs and Parks Committee. Mr. Speck clarified that due to the timelines associated with the project, Mr. Lee and his team provided some additional information at the Committee meeting, and City staff met with Mr. Lee after the meeting to discuss the proposed valet parking plan. They have added additional stacked parking stalls to meet the City's comfort level. Working collaboratively with Mr. Lee and his team, they also understood the need to reduce the size of the signage. Councilmember Kruller asked if the Planning Commission has reviewed the proposed development. Mr. Speck said once the Council approves the proposed amendments, the item will move to the Board of Architectural Review for design review. This item would return to Council for fee deferral issues in the near future. Councilmember Kruller asked if the increased size of the proposed signs is so that they will be visible from Interstate 5 and 405, and what type of lighting would be used for the signs. Mr. Speck explained that the hotelier hopes the signs would be visible from Interstate 5. However, he is not sure the proposed signs would actually be visible from the surrounding freeways. Regarding the lighting for the proposed signage, he said the proposed signs are channel type letters, that would be similar to the existing AMC Theater signs at Westfield Southcenter. Councilmember Kruller asked if the City Attorney has reviewed the proposed agreement, and she asked for clarification on the residential parking requirements and if language could be included in the agreement that states that parking mitigation will be provided at the owner's expense. Tukwila City Council Committee of the Whole Minutes April 28, 2014 Page 4 of 9 Mr. Speck explained the parking requirements for the project would be 1 stall per studio and one - bedroom units, 1.5 stalls per two- bedroom units, and 2 stalls per three - bedroom units. He confirmed that Shelley Kerslake, City Attorney, has reviewed the proposed agreement that included the parking information. If the developer is able to meet the required parking counts, then the project would be permitted. The City does have the ability to include some terms in the parking plan approval relating to valet parking. He cautioned about including language in the agreement that requires mitigation, because enforcing that part of the agreement would be difficult. Councilmember Ekberg asked if the King County "Right Sized Parking Calculator" is being used for the proposed development, and if the calculator has been tested by other developments. Mr. Speck stated he does not have an answer to the question, and he will work with staff to get an answer. Councilmember Robertson asked if the developer follows the proposed parking plan, they would need to utilize a valet service to accomplish the proposed vehicle stacking. Any parking overflow issues could be managed by the surrounding area property owners, as overflow parking would most likely occur during the daytime hours. He commented that the proposed agreement as written does not require implementation of valet parking service. Once the amendment to the Development Agreement has been signed, the City will not have assurance that the developer will have adequate parking for the proposed development. Mr. Speck explained before the City will allow the project to be reviewed by the Board of Architectural Review, the Planning Department will need to determine that the project meets City codes. In order for the project to meet the required codes, the applicant will need to have a valet parking plan that has been approved by City Administration. Based on the valet plan, the City could require the hotel to implement valet parking at the beginning of the project. The parking requirements are going to be based on the actual number of parking spaces needed based on the final project design submitted to the BAR. Councilmember Robertson said that he thought that additional language could be added to the proposed amendment to the Development Agreement to require the valet parking. However, based on the information presented, it appears that it has not been determined if valet parking will be required at this point. He asked what leverage the City would have to require valet parking implementation. Mr. Speck clarified that the Developer and the City would need to have an agreement that addresses implementation of the valet parking plan. He commented that if the Southcenter Plan had been approved already, the residential parking would meet those requirements. He explained other area properties, such as the Doubletree Hotel, experience parking issues during certain times of the year and they work through them as needed. Councilmember Ekberg asked what the trigger would be to implement valet parking. Mr. Speck explained they have spent time discussing valet parking with the developer and one option discussed was if the hotel booked at 90 %, then valet parking would be implemented. Councilmember Seal commented that a business owner would want to implement valet parking when they are busy, and there are perks to a business by implementing valet parking service. Councilmember Duffie said that during discussion on this item at the Community Affairs and Parks Committee meeting, the development was clear that they would like to work with the City on parking issues. Council President Quinn asked whether the proposed development would move forward for review by the BAR if the parking issues are approved by City Administration. Mr. Speck answered in the affirmative. He explained there are some issues the applicant and Community Development are currently working through. Today, the applicant submitted a draft parking plan, and staff is working with the developer on the plan. The plan will also be reviewed by the Tukwila Fire Marshal, and once the review has been completed, and City Administration has approved the plan, Tukwila City Council Committee of the Whole Minutes April 28, 2014 Page 5 of 9 Community Development will count the stacked stalls for the final parking count, and then the application can move forward to the BAR for review and approval. Council President Quinn stated he is comfortable with the item as presented in the packet. He noted that one thing that should not be lost in the discussion, involves the comments made by neighboring property owners of the proposed development. The comments have been positive for the project. Councilmember Robertson commented that the current developer has been open and willing to work with the City. He explained that his concerns are not with the developer, and he is concerned with who might purchase the property at a later date. He referenced "II Agreement, number 5" (page 15 of the agenda packet) that reads This First Amendment shall be recorded against the Property as a covenant running with the land." Whoever owns the property in the future will be bound to the amendment. He is concerned with the future development of the area. He asked that the Council consider adding language that states the City has the right to request the use of valet parking at any time, for any length of time. While he does not want to cause unnecessary costs to property owners, he is concerned with future parking for the development. Mr. Speck clarified that when the City issues the approval of the valet parking plan, his expectation is that requirements be included in the approval of the valet parking plan. The City will issue the valet parking approval letter, and additional items required could be language that states valet parking would be required to be implemented based on certain conditions. He stated the City issues permits with conditions, and this issue would be treated the same. Councilmember Robertson asked if the approved parking plan would travel with the land as a covenant. Mr. Speck stated language could be included that would require recording of the parking plan. However, he would like to discuss the item with the City Attorney, and he can provide information at the next meeting. Council President Quinn asked if there was Council consensus relating to requiring additional information associated with valet parking requirements. After Council discussion, the Council was split (3 to 3) on whether to have additional language added to the amendment. Councilmember Ekberg asked staff to review possible triggers for implementation of a valet parking plan and to discuss options with the City Attorney. Yogi Husten stated he is the CEO of Coastal Hotels. Mr. Husten explained that his past experience also includes operation of ACE Parking. He explained Coastal Hotels manages the Cedarbrook Lodge, and that hosting meetings at the facility is the most impactful for hotel parking. He stated a mixed -use development, which does not exist outside of the Pan Pacific in Seattle as being proposed, will draw people who want to live within walking distance of amenities. Coastal Hotels are in the service industry, and they will be listening to their customers. They regularly do 10 -day to 30 -day forecasts to gather data on occupancy rates, so they will be able to implement a plan based on occupancy. They have outside valet services, and they are not concerned with implementation of a valet parking plan. Once the Fire Marshal has approved the plan, they can move forward from there. Councilmember Ekberg stated that City staff and the developer have heard the concerns voiced by the Council in relation to parking for the project. Councilmember Robertson referenced page 14 of the agenda packet, "Building Height." The last sentence says The nineteenth floor may be used for common area open space such as a clubhouse, rooftop deck, other common area, a green roof and mechanical equipment but may not be used for residential units or hotel guest rooms." He asked if the language included was to clarify that the City is not allowing additional space for hotel rooms or residential units. He asked for clarification on the concessions being provided by the City to the developer based on the proposed language. Tukwila City Council Committee of the Whole Minutes April 28, 2014 Page 6 of 9 Mr. Speck answered in the affirmative. He explained the concession allows for an additional 10 feet to allow for higher ceilings and the rooftop spaces. The increased space is not intended for additional hotel rooms. Minnie Dhaliwal, Planning Supervisor, explained there are certain exemptions for mechanical equipment being counted toward the overall building height. 8:20 p.m. Councilmember Ekberg exited the Council Chambers. Councilmember Robertson asked for clarification on what the height limit includes. Ms. Dhaliwal explained that the additional 10 feet is necessary for the proposed meeting spaces. Mr. Speck stated intent of the paragraph is that everything needs to be under 190 feet. He can check with the City Attorney to verify the intent of the proposed changes. 8:23 p.m. Councilmember Ekberg returned to the Council Chambers. Mr. Speck explained the next step is to move this item forward to the next Regular Meeting for a vote. Meanwhile, staff will conduct research on the items of concern and discuss the Council's concerns with the City Attorney. As with any item, the Council is able to discuss, amend and make recommendations on an item at the Regular Meeting. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING WITH THE FOLLOW -UP RESEARCH. c. Discussion on an ordinance regarding signing authority. Councilmember Seal indicated this item was discussed at the Finance and Safety Committee meeting on April 15, 2014. The committee members forwarded this item to the May 5, 2014 Consent agenda. Based on discussions after the Committee meeting, she requested this item move to the Committee of the Whole Meeting. This item will include language in the Tukwila Municipal Code authorizing the City Administrator to sign documents in the absence of the Mayor. RCW 35A.12.100 designates the duties and authority of the Mayor, which includes signing official City documents. In the absence of the Mayor, the City Administrator should be authorized to sign documents to ensure the continuity of City business. While the City has an Administrative Policy authorizing the City Administrator to sign documents in the Mayor's absence, a provision in the code is also advised. The Councilmembers exchanged comments and asked clarifying questions to include: What is the process used if the Mayor were to be absent for an extended period of time; What is the definition of "absence;" What is the purpose of the proposed change; There are no dollar limits included in the proposed changes; What is an acceptable duration of absence; What is the role of the Council President; Is there a state law that says a Councilmember is not able to sign a contract for the City; Request for clarification relating to the types of contracts to be signed and whether that excludes legislation; and duties of the Mayor Pro Tempore. Mayor Haggerton commented that if the City Attorney were present, she could provide answers to the Councilmembers questions. He suggested this item be referred back to the City Attorney for review. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING OR A FUTURE FINANCE AND SAFETY COMMITTEE MEETING, BASED ON THE AVAILABILITY OF THE CITY ATTORNEY. Tukwila City Council Committee of the Whole Minutes April 28, 2014 Page 7 of 9 d. A recommendation regarding recipients for the "Tukwila, City of Opportunity" scholarship. The City of Tukwila recently created a scholarship program for high school seniors living in Tukwila to provide financial assistance and opportunity to deserving students to continue their education beyond high school. The Scholarship Selection Committee, comprised of Mayor Haggerton, Council President Quinn, Nate Robinson, Recreation Program Specialist; Cheryl Thompson, Executive Assistant and Jenni Standard, College and Career Counselor at Foster High School, reviewed all of the submitted applications. Each reviewer individually considered and rated the applicant's grade point average, financial need, educational and professional goals, community involvement (service, extracurricular activities, and employment experience), and personal essay. Each reviewer independently recommended the same top two candidates. Mayor Haggerton explained the scholarship program was headed up by Cheryl Thompson, Executive Assistant, and Joyce Trantina, Project Analyst. He referenced page 105 of the agenda packet. It was suggested that if the two recipients of the scholarships are approved, they will be asked to present their individual biographies at a future Council meeting. He stated the committee members rated all the applicants and two applicants were rated the highest by all committee members. Council President Quinn updated the Council on the process the Committee used to review the applications. He asked Mayor Haggerton to discuss any lessons learned from this process. Mayor Haggerton commented that for the future of the scholarship program, the total amount of scholarships provided should be increased, as was suggested early in the process by Councilmember Robertson. Since this was the first time working through the application process, he commented that the Council could have a future discussion on the application process. He commented that the intent of the program was not to benefit children of City employees or elected officials. All applications that were received were forwarded to the selection committee for review and consideration. The two applicants who were selected by the committee met all of the criteria of the scholarship requirements. Council President Quinn commented that as the City prepares for the scholarship program next year, he feels the Council should have a discussion on the process. Councilmember Duffie feels all applicants should be considered; children of City employees and elected officials should not be excluded. Councilmember Robertson commented that for the first year of the program, it appears there are two very impressive top candidates. Councilmember Kruller suggested for the future application process, the names of the applicants be anonymous. Mayor Haggerton commented that the Council can set policy on the scholarship program, and he suggested increasing the funding for scholarships, the number of participants for the application selection committee, and clarification of the technical details relating to application eligibility. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Haggerton announced that City staff completed and submitted the City's application for $20 million in project funding for the Transportation Investment Generating Economic Recovery (TIGER) Grant on April 25, 2014. On April 23, 2014 he added the SCORE Jail Board Meeting, where a topic of discussion was the increased interest in use of the facility and contracts for non - member cities. Later that day he attended the Cascade Water Alliance Board Meeting, where they discussed bond issues. On April 28, 2014 he participated in the Association of Washington Cities (AWC) Board of Directors teleconference. Tukwila City Council Committee of the Whole Minutes April 28, 2014 Page 8 of 9 b. City Council Councilmember Duffie attended the Drug Abuse Resistance Education (DARE) graduation ceremony on April 28, 2014, at the Foster Performing Arts Center. He thanked the Police Chief and staff for their work on the DARE Program. He commented that he has noticed people walking on the closed walkway along Klickitat Drive, and he is concerned with how they are gaining access to the walkway. On April 26, 2014 he noticed Seattle City Light crews working along 53rd Avenue South. Additionally, he voiced his concern with the people that are using 53rd Avenue South and the excessive speeding. Councilmember Robertson attended the Facilities Committee meeting on April 25, 2014, where the topic of discussion involved the results of the facility evaluation process. He commented that the current City Hall facility did not score to be recommended for facility replacement. However, the facility scored for a facility remodel. He explained the next phases will be interesting to include packages associated with costs and facility functionality. Additionally, it appears the project will run a couple of months longer than planned. The Committee recommended extending the schedule of the project. Councilmember Ekberg reported that at the Transportation Committee meeting earlier this evening, the Committee discussed the pedestrian walkway along Klickitat Drive. City staff has been working with the Washington State Department of Transportation (WSDOT) to make sure repair of the walkway is included in the funding WSDOT obtains for the slope repair. He voiced concern regarding blocked egress for pedestrians trying to walk across the bridge. He asked the City Administrator to talk to the Public Works Director about the westbound egress point on the south side of the bridge and opening that point to allow pedestrians to safely cross the bridge. Councilmember Seal participated in the Healthy You, Healthy Earth 5k Walk /Run on April 26, 2014. She commented on the enjoyment of the event, and information she received showed the number of participants doubled from the previous year. Councilmember Kruller stated that she attended the Tukwila Pool Metropolitan Park District Meeting on April 23, 2014, and the Women's Leadership Group meeting on April 24, 2014. On April 26, 2014 she participated in the Healthy You, Healthy Earth 5k Walk/Run, and stated that she was impressed with Parks and Recreation staff at the event. She also reminded the Council and audience of several upcoming events. c. Staff David Cline, City Administrator, announced that the City partnered with the Tukwila School District for the recent Career Day at Foster High School. The event was well attended, and they look forward to next year. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental Laurel Humphrey, Council Analyst, announced there are a few seats available for interested Councilmembers to attend the upcoming Cultural Competency training. MISCELLANEOUS Councilmember Ekberg commented that during the Transportation Committee meeting earlier this evening, there was a discussion on a Transportation Benefit District. He suggested this be a topic for discussion at a future Committee of the Whole meeting. Council President Quinn suggested the Finance and Safety Committee discuss a Tukwila Transportation Benefit District. Councilmember Seal concurred. Tukwila City Council Committee of the Whole Minutes April 28, 2014 Page 9 of 9 ADJOURNMENT 9:18 p.m. COUNCIL PRESIDENT QUINN DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. De' n Quinn, Council President `'Y)1L eAs2/s- -kf�-- Melissa Hart, Deputy City Clerk APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 05/15/2014 AVAILABLE ON THE CITY'S WEBSITE 05/16/2014