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HomeMy WebLinkAbout2015-09-08 Regular MinutesTukwila City Council Regular Meeting City Hall Council Chambers September 8, 2015 — 7:00 P.M. MINUTES REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE /ROLL CALL In the absence of Mayor Haggerton, Mayor Pro Tempore Kruller called the Regular Meeting of the Tukwila City Council to order at 7:05 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Dennis Robertson, Kate Kruller, Allan Ekberg, Verna Seal, Kathy Hougardy, De'Sean Quinn. CITY OFFICIALS David Cline, City Administrator; Rachel Turpin, City Attorney; Bob Giberson, Public Works Director; Nora Gierloff, Deputy Community Development Director; Peggy McCarthy, Finance Director; Mike Villa, Police Chief; Derek Speck, Economic Development Administrator; Laurel Humphrey, Council Analyst; Christy O'Flaherty, City Clerk. Mayor Pro Tempore Kruller said the gallery is full this evening with citizens wishing to speak under the Citizen Comments portion of the agenda. A financial presentation, which is anticipated to last approximately 5 minutes, is scheduled prior to the Citizen Comments portion of the meeting. Ms. Kruller suggested the order of the agenda items remain as published. Council consensus existed to retain the order of the agenda items. AMEND AGENDA MOVED BY DUFFIE, SECONDED BY EKBERG TO ADD AN ITEM UNDER NEW BUSINESS, TITLED "TUKWILA VILLAGE QUIET TITLE." MOTION CARRIED 7 -0. SPECIAL PRESENTATIONS 2015 Second Quarter Financial Report. Peggy McCarthy, Finance Director Peggy McCarthy, Finance Director, utilized a Powerpoint presentation to provide the 2015 Second Quarter Financial Report to the City Council, with key point as follows: City -wide fund balances increased $8.1 M (million) for the first half of 2015 from $44.9M at December 31, 2014 to $53M at June 30, 2015. The governmental funds show the largest change with a total increase of $8.7M. Enterprise funds decreased $29K (thousand), and the internal service funds decreased $27K. Of the governmental funds, the Arterial Street Fund showed the biggest change with an increase of $6.4M due mainly to the receipt of $6.1 M in bond proceeds in April. The General Fund showed the second largest change with an increase of $1.5M. The City is on track to meet budgetary expectations. Tax revenues have come in strong and exceed budget by $1.2M; permit and plan check and review fees are also firm. Of note, the City's 12.9% growth in sales tax distributions for the first six months of 2015 relative to the first six months of 2014 is the highest in King County; Seattle's growth rate of 12.6% is next. The City's well performing ongoing revenues will help offset the delay in one -time revenue. The $2.2M Tukwila Village land sale revenue budgeted for 2015 is now expected to be received in 2016. The City did receive $500K from the King County Library System for the sale of land for the new library in Tukwila Village. Tukwila City Council Regular Meeting Minutes September 8, 2015 Page 2 of 7 Department expenditures remain below budget at 49.5 %. If the $800K insurance premium, which was paid and recorded in January, were spread evenly over the year, the departmental expenditures would come in at 48.7% of budget, representing a $660K budgetary savings. Most departments are performing well and are under budget. After taking into account the timing of the insurance payment, Police and Fire are the only departments with expenditures exceeding budget. The overage in both departments stems from personnel costs. These issues are discussed in more detail later in the financial report documentation and will be addressed during the mid - biennium budget modification process this fall. The economy continues to improve in King County. Employment grew by 4.1 % in the second quarter relative to a year ago. Home prices continue to rise, and taxable sales in the County were up 7.4% in April and May from the prior year. While the economy continues to improve, the Federal Government has yet to increase interest rates and China and other countries continue to struggle. The City will continue to watch the local, as well as the global economy, and recommend changes to the budget if necessary. The Councilmembers asked clarifying questions and offered comments regarding the financial report and thanked Ms. McCarthy for the presentation. CITIZEN COMMENTS Mayor Pro Tempore Kruller explained that over the weekend and throughout the day, the Council has received many email comments regarding the Comprehensive Plan update and the impacts to residential neighborhoods. Those emails have been included in the official record of this meeting. Christy O'Flaherty, City Clerk, verified the emails received (September 5, 2015 through September 8, 2015) are a part of the agenda record. Additionally, a paper letter from Mary Johnson was submitted at the September 8, 2015 Council Meeting and will be duplicated and provided to the City Council, and is part of the record as well. Ms. Kruller explained she is sitting in for Mayor Haggerton due to a scheduling conflict this evening. While she will be presiding over the meeting, the law provides that she can weigh in as a Councilmember as well. Her emphasis this evening will be on providing balanced facilitation to the meeting. She stated that the Council will be hearing many public comments this evening. She suggested the Council have a conversation at the end of the comments to consider further discussion at the next Committee of the Whole Meeting on this topic, since it is not an agenda item this evening. Jeanelle Baldwin, 5827 South 1441" Street, said she is here to oppose the Comprehensive Land Use Plan intended to be adopted on September 21, 2015. She expressed concern regarding downsizing to smaller lots, such as what is occurring in South Park and Highland Park in Seattle where "monstrosities" have been built in people's backyards. From her standpoint, the Comprehensive Plan should be about preserving something; about keeping the citizens safe and free from harm; and preventing decomposition or decay. This is a unique, small town and the City is responsive. She wants to keep the small -town feeling that she has enjoyed for many years. She expects the Council to look out for the citizens. To provide clarification regarding the Comprehensive Plan, Mayor Pro Tempore Kruller read from a document provided by the City Attorney: The Tukwila Comprehensive Plan, "The Plan," is a land use document that provides a framework and policy direction to manage where and how the City's growth needs are met. The Plan may be amended no more than once annually. The Growth Management Act (GMA) also requires cities to periodically conduct thorough reviews of their Comprehensive Plans to bring them up to date with any relevant changes in the GMA and to respond to changes in land use and population growth. The City is required to conduct this mandatory periodic update at least once every 8 years. The Plan is an important document that provides policy direction for the City's development regulations. The Plan does not in and of itself adopt development regulations. Zoning, subdivision and other land use controls adopted by the City Council must be consistent with The Plan. Ms. Kruller emphasized the City does not have to do anything in The Plan if it chooses not to, and nothing has been funded. The Comprehensive Plan is a framework and does not necessarily mean there will be Tukwila City Council Regular Meeting Minutes September 8, 2015 Page 3 of 7 zone changes. She has sensed from the emails received from citizens that there is an urgency that the City is going to go from one thing to the next — almost overnight — in the neighborhoods. This is not the case. This topic is intended to be discussed at the September 14 and September 21, 2015 Council meetings, where public comments will continue to be accepted and considered by the City Council. Nadine Morgan, 5190 South 166th Street, said she has heard there is a plan to downsize to under 6,500 square feet for individual lots. She is not interested in this sort of change. Tukwila's plans and codes provide for difficult situations as they relate to hillsides or drainage, such as Planned Residential Developments. She would like to see minimum lot sizes of 6,500 square feet or more. Sarah Gollus, 14911 58th Avenue South, would like to learn more about the Comprehensive Plan. As a business person, she knows that good business decisions require weighing the benefits and drawbacks of everything. She hopes these issues will be made more understandable to her throughout this process. William Holstine, 4251 South 160th Street, submitted an email on his concerns regarding the Comprehensive Plan. From his perspective, exploring or experimenting by building multi -story structures in single - family home neighborhoods would open the door to doing so in any and all communities. The structures cannot be torn down once built. He suggested the door not be opened to this type of development. He asked the Council to "kill this issue at the earliest opportunity." In his opinion, the best option is to designate or zone vacant land for high density development by way of diking the river and rezoning the golf course. The affordable housing issue is fraught with problems and no permanent solutions. William Gorjance, 16604 53rd Avenue South, has lived in Tukwila for 57 years. He has comments regarding zoning relaxation for single - family neighborhoods. While this would be advantageous by way of increased population and tax base, there are more disadvantages. Some of the disadvantages include problems associated with larger units and buildings that are out of scale with the neighborhood, more vehicles on streets and parking issues that would hinder useful services such as street sweeping. Additionally, taller structures make children and people less noticeable, and if rentals are involved, there is the possibility of slumlords and visual blight. From his experience growing up in Chicago, there could also be more crime due to multi - family development. Carrie Carrillo, 4446 South 160th Street, explained that she is a new resident as of last year and looks forward to the future in Tukwila. She has lived in Greenwood and Ballard where they continued to downsize lot sizes and build large multi - family structures. She does not want that; she wants to raise a family and have a large garden with space around her. Bob Murphy, 4350 South 1561h Street, has lived here 40 years and has concern about downsizing lots and increasing the population. For the last 2 years, he and his wife have talked about moving due to the decrease in quality of life in the City. They avoid areas of Tukwila and drive to Burien to go to the drugstore due to safety concerns. From his viewpoint, crime has increased in the City, and adding more people could add more problems. He is very concerned about personal safety. Diana Echols, 4900 South 161St Street, explained she works in Tukwila and is new to living in the City. She and her wife started out as renters and fell in love with the neighborhood. She was impressed with the financial report given this evening. The City is in good shape, and she is proud of Tukwila. She looks forward to getting a better understanding of the Comprehensive Plan. She expressed that socio- economic status does not necessarily mean more crime; balance needs to be found. However, it does not make sense to reduce the lot size in single family areas, and she is against that approach. Roxanne Langer, 14116 571h Avenue South, said she has lived in Tukwila for 43 years. She feels that the changes in the City over time, such as allowing multi - family dwellings in record numbers, has caused more negative impacts to the City than positive. She has concern about population growth that could occur from zoning changes to smaller lot sizes. The impacts to the School District would be dramatic. She hopes this will be seriously considered before rezoning is considered. Tukwila City Council Regular Meeting Minutes September 8, 2015 Page 4 of 7 Scott B, <no address >, submitted a speaker sheet to the City Clerk prior to the meeting. While he did not come forward to speak, the City Clerk read from the sheet as follows: "Do not approve of multi - family zoning. Did not purchase my home just to have my neighborhood rezoned." Kathryn Wilkins, 16024 46th Avenue South, needs additional information regarding the Comprehensive Plan. As a landowner, she is against the plan. She likes single family homes and is concerned about increased crime in the neighborhoods. She would like the City to remain small and for public safety to be a priority. Dave Larson, 14244 55th Avenue South, wondered how the lot coverage issue on the minimum lots will be addressed. He worked for the Tukwila Building Department for 25 years, and in his experience, to make it profitable for the contractor, the lot size coverage was allowed to be increased on small lots. One particular area in the City has 6 houses standing long and tall side by side. Additionally, parking and green space are important priorities that may be compromised by smaller lot sizes. He also wondered about the outcome of the Tukwila Tree Canopy Study. He also has concern about more rentals and population turnover that could destroy the character of the City. More thought needs to be given to how to create affordable housing, as well as methods to attract people with wealth to want to live here as well. Mayor Pro Tempore Kruller explained that the Tree Canopy Study has been completed and is online; Councilmember Quinn was the Chair of the Committee. Additionally, as it relates to affordable housing, the City is ahead of the Growth Management Plan for King County. Tukwila has as much or more than is expected at this time, and for some years to come. What has been learned in the past 9 months of reviewing the Comprehensive Plan is that affordable housing is based on different income levels. At higher income levels, there is affordable housing that does not match a lower income bracket; it is about percentages of average mean income. The City is not looking to place low- income affordable housing in the middle of neighborhoods. Ms. Kruller emphasized that there has been a great deal of public outreach this year regarding the Comprehensive Plan that included public hearings before the Planning Commission and City Council. A great deal of input has been received from citizens over this time period. While it has been a very transparent process, it is clear the City needs to find a way to do more outreach to ensure even more citizens are brought into awareness. The Council welcomes public input. Mr. Larson wondered why an issue like this would not be brought before the public by way of a ballot measure. David Cline, City Administrator, said the Comprehensive Plan is a policy document and does not include changes to zoning or lot sizes. Rachel Turpin, City Attorney, explained the Comprehensive Plan is a broad policy document and not the type of issue brought before the public for a vote. The first step in making any zoning regulation changes is to pass the Comprehensive Plan. Those zoning regulations still have to be voted on by the Council and go through a separate public process outside of this Comprehensive Plan process. Even if the Plan passed as -is, with no amendments on September 21, it does not mean the next day that lot sizes will be reduced or that multi - family housing will be allowed in single family zones. The Growth Management Act (GMA) requires cities to plan for how they will handle increased population, and cities have to explore various options to meet those requirements. Adoption of the Comprehensive Plan on the 21St would not bind the City to any of the implementation strategies contained in the Plan regarding housing or residential lot sizes that are currently at issue. While zoning regulations are adopted by the Council, an advisory vote on actual zoning regulations could be put on a ballot. However, the Comprehensive Plan, as a broad policy document, is not a candidate for a ballot measure. She reiterated that there are no regulations included in this Comprehensive Plan document, and zoning regulations will not go into effect after adoption of this Plan. Mr. Larson asked if before lot sizes are changed, could the Council require an advisory vote. Ms. Turpin responded in the affirmative and commented that it can be expensive. Tukwila City Council Regular Meeting Minutes September 8, 2015 Page 5 of 7 Mayor Pro Tempore Kruller said while it is an option, the Council is not in a hurry or moving fast and will continue to listen to citizens. It was referenced at a prior meeting that there were a lot of things in the 1995 Comprehensive Plan that the City never even got to. Ms. Turpin suggested that those interested in additional information about the Comprehensive Plan and Growth Management Act refer to the Municipal Research Services Center website (MRSC.org). The site has a great deal of simplified information that may help in understanding the process. Peter Okicich, 14248 56th Avenue South, has lived in Tukwila for over 45 years. He wonders about what the goal is regarding the change in lot sizes. In his viewpoint, use of the "Notice of Land Use Action" is a viable means of handling issues like this. David Cline, City Administrator, said staff is available to answer questions. Mayor Pro Tempore Kruller requested that answers to questions be published and distributed to the citizens. F. Lee Stenson, 14112 57th Avenue South, said he is a retired builder and resident of Tukwila. He expressed that the City has an excellent Planning staff to help guide this situation. He relayed that a "green" building is not just using recycled materials in a house; it is how a person lives in their home and how much land is utilized. If everyone has to have 7,200 or 8,000 square feet, we will run out of citizens very fast. In his view, ADUs (Accessory Dwelling Units) are a good option. The Tukwila School District has a great many transient students because people do not stay in the large complexes. He has rental houses where tenants have stayed for up to 20 years. He feels that most of the criminal activity comes from the larger multi - family complexes as opposed to smaller units. The City must grow or die, and the City must plan for population changes. There must be ways to combine properties, segregate properties, make modifications, and ensure sound standards. Pamela Bila, 4648 South 160th Street, relayed that she did not know about this possible change until a few days ago. Due to the impacts to the landscape of the City and to homeowners, she is asking that the Council slow down and put the brakes on this to gather more information and dialogue from citizens. Kathleen Wilson, 4803 South 162nd Street, was on vacation when she received 3 voicemails from neighbors regarding this issue. She and her husband rushed back to do research and attend the meeting this evening. As part of the plan, there are goals, objectives and policies. She reviewed the City's website and found it to be vague and confusing. It looks like a residential neighborhood nightmare and a developer's goldmine. She said there was an assumption that there is not expected to be a large increase in population, yet we need to bring in 3,300 more units. This does not make sense to her. She reviewed the GMA, and there is a requirement for preservation of existing single family residential. Carrie Craig, 13600 53rd Avenue South, said she has lived in Tukwila almost 50 years and is the 2nd owner of the home she lives in, and she is also a developer. There is a tree on the property called the "tree of love" planted by the prior tenant. She is dedicated to the Tukwila community and has raised her children here. She expressed disappointment at zoning decisions made in years past after her neighborhood was annexed into the City in the 1980s. From her standpoint, this caused a 30% reduction in her property value. She would like to see changes within 2 years. Councilmember Duffie thanked everyone for their comments, and they will be taken into consideration. Mayor Pro Tempore Kruller explained that at the last Council meeting, the Council forwarded the Comprehensive Plan to the September 21, 2015 Regular Meeting for possible adoption. She asked if there was Council consensus to continue discussion of the Comprehensive Plan at the next Council Meeting. Council consensus existed to continue discussion and public comment on the Comprehensive Plan at the September 14, 2015 Committee of the Whole meeting. Tukwila City Council Regular Meeting Minutes September 8, 2015 CONSENT AGENDA Page 6 of 7 a. Approval of Minutes: 8/17/15 (Regular Mtg.); 8/24/15 (Special Mtg.) b. Approval of Vouchers #370046- 370123 and #150808 - 150809 in the amount of $2,035,000.74 c. Authorize the Mayor to sign a contract with KPG, Inc., for design services for the 53rd Avenue South (South 137th to South 144th Street) Project in the amount of $575,731.49. (Reviewed and forwarded to Consent by the Transportation Committee on 8117115.) d. A resolution authorizing the cancellation of outstanding General Fund claims checks. (Reviewed and forwarded to Consent by the Finance and Safety Committee on 8118115.) RESOLUTION NUMBER 1862 MOVED BY DUFFIE, SECONDED BY SEAL THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. 8:25 p.m. Mayor Pro Tempore Kruller declared a brief recess. 8:39 p.m. Mayor Pro Tempore Kruller called the Regular Meeting back to order. UNFINISHED BUSINESS a. An ordinance authorizing and providing for the acquisition of interests in land for the purpose of completing the South 144th Street Phase II Project, providing for condemnation, appropriation, taking of land and property rights necessary therefore, providing for payment thereof and directing the initiation of appropriate proceedings in the manner provided by law and for said condemnation. MOVED BY DUFFIE, SECONDED BY HOUGARDY THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE SOUTH 144TH STREET PHASE II PROJECT; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFORE; PROVIDING FOR PAYMENT THEREOF AND DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW AND FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 7 -0, TO ADOPT ORDINANCE NUMBER 2480. b. Authorize the Mayor to sign Supplement No. 2 to contract #14 -103 with KPG, Inc., for right -of- way acquisition services for the South 144th Street (Tukwila International Boulevard to 42nd Avenue South) Project in the amount of $27,239.99. MOVED BY EKBERG, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN SUPPLEMENT NO. 2 TO CONTRACT #14 -103 WITH KPG, INC., FOR RIGHT -OF -WAY ACQUISITION SERVICES FOR THE SOUTH 144TH STREET (TUKWILA INTERNATIONAL BOULEVARD TO 42ND AVENUE SOUTH) PROJECT IN THE AMOUNT OF $27,239.99. MOTION CARRIED 7 -0. NEW BUSINESS Tukwila Village Quiet Title (Per agenda amendment on Page 1) Rachel Turpin, City Attorney, provided an update on this issue and utilized electronic files to show the location of the subject properties in the general location east of 4021 South 144th Street. As part of the Tukwila Village Development, the City and developer underwent a lot consolidation. When the lot Tukwila City Council Regular Meeting Minutes September 8, 2015 Page 7 of 7 consolidation was taken in to be recorded, however, King County noted a .9 gap in ownership between two parcels. The gap appears to have been caused by an error in a legal description that was made 60+ years ago. King County will not record the lot consolidation until the gap is resolved, which means that the City must file a quiet title action in King County Superior Court. Council approval is required for the initiation of the legal proceedings, which is desired prior to September 21, 2015. MOVED BY DUFFIE, SECONDED BY HOUGARDY TO AUTHORIZE THE CITY ATTORNEY TO INITIATE QUIET TITLE PROCEEDINGS TO RESOLVE A GAP IN TITLE BETWEEN KING COUNTY PARCEL NOS. 004000 -0196 AND 004000 -0198. MOTION CARRIED 7 -0. REPORTS a. Mayor Mayor Haggerton was not present. b. City Council Councilmember Ekberg offered a reminder that the Council Coffee Chat is this Saturday (September 12, 2015) at Billy Baroos from 10:00 a.m. to noon. Councilmember Hougardy met with City staff and staff from Metro regarding the Long Range Plan strategy. This will be beneficial for Ms. Hougardy as it relates to her next meeting with the Regional Transportation Committee (RTC). c. Staff David Cline, City Administrator, referenced the City Administrator (CA) Report and offered to answer any questions. Councilmember Robertson (referencing the portion of the report regarding the 4736 South 164th Street Foreclosure), said citizens were very appreciative of the work done by Police and Code Enforcement regarding this illegal outdoor marijuana grow operation. d. City Attorney There was no report. e. Intergovernmental There was no report. ADJOURNMENT 8:48 p.m. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Iler, Mpfdr Pro Tempore Christy O'Flaherty, City Clerk APPROVED BY THE CITY COUNCIL: 9/21/15 AVAILABLE ON CITY WEBSITE: 9/22/15