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HomeMy WebLinkAbout2016-11-28 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers November 28, 2016 — 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE CALL TO ORDER /PLEDGE OF ALLEGIANCE Council President Duffie called the Tukwila City Council meeting to order at 7:02 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Council President Joe Duffie, Councilmembers Dennis Robertson, Verna Seal, Kathy Hougardy, De'Sean Quinn, Kate Kruller, Thomas McLeod. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Peggy McCarthy, Finance Director; Vicky Carlsen, Deputy Finance Director; Rachel Bianchi, Communications and Government Relations Manager; Bob Giberson, Public Works Director; Gail Labanara, Public Works Analyst; Ryan Larson, Public Works, Senior Program Manager; Greg Villanueva, NPDES Coordinator; Russell Betteridge, NPDES Inspector; Stephanie Brown- Smith, Human Resources Director; Joseph Todd, Technology and Innovation Services Director; Rick Still, Parks and Recreation Director; Kris Kelly, Parks Maintenance Supervisor; Robert Eaton, Parks and Recreation Manager; Jack Pace, Department of Community Development Director; Nora Gierloff, Community Development Deputy Director; Lynn Miranda, Senior Planner; Moira Bradshaw, Senior Planner; Bruce Linton, Deputy Police Chief; Rick Mitchell, Police Commander; Jay Wittwer, Fire Chief; Laurel Humphrey, Council Analyst; Dana Almberg - Dideon, Administrative Support Technician; Francesca Siegler, Deputy City Clerk. CITIZEN COMMENTS Todd Smith, 13325 Macadam Road, spoke on the need for society to realize the implications of waste and pollution on the environment. Mr. Smith stated that since the population has increased, Tukwila must be proactive about climate change and encourage carbon - neutral housing development. PUBLIC HEARINGS a. Code changes: 1. An ordinance updating regulations regarding surface water management, establishing a new section entitled "Trash and Waste Receptacles." (TMC Title 14) 2. An ordinance related to low impact development requirements, establishing two new sections entitled "Permit Application Requirements" and "Seasonal Limitation Period." (TMC Title 16) 3. An ordinance implementing low impact development requirements in the design and review of surface water drainage on development projects. (TMC Titles 8 and 18) 7:07 p.m. Council President Duffie opened the public hearing. Ryan Larson, Public Works Senior Program Manager, and Greg Villanueva, NPDES Coordinator, explained the National Pollutant Discharge Elimination System (NPDES) Phase II stormwater permit for surface water and the associated ordinance updates. Specifically, this permit allows the City to discharge surface water into the Green /Duwamish River. This mandate requires the City incorporate Low Impact Development principles in City codes, as well as adopt a new Surface Water Design Manual that meets Department of Ecology requirements. Tukwila City Council Committee of the Whole Minutes November 28, 2016 Page 2 of 8 Mr. Larson explained the substantive changes include: • Tukwila Municipal Code (TMC), Section 14.30, "Surface Water Management ", includes an additional definition for Low Impact Development (LID), no- dumping labeling to catch basins and requirements for trash receptacles. Additionally, these changes include adoption of the 2016 King County Surface Water Design Manual (KCSWDM) and King County Stormwater Pollution Prevention Manual (KCSPPM). • TMC Section 16.54 includes adoption of the International Building Code by reference to revise erosion and sediment control standards, and adds permit application requirements, cut and fill standards, and requirements to maintain moisture holding capacity of soil. • TMC Section 8.25, "Vehicle Storage and Parking on Single - Family Residential Property ", was moved to TMC Title 18. • TMC Title 18 includes changes to add permeable pavement definitions and soil protection requirements, modifying the development area for single family properties, allowing for bioretention facilities, and eliminating the largest off - street parking stall size standard. Council President Duffie called for public comments. Todd Smith, 13325 Macadam Road, expressed that our wetlands are the cheapest form of stormwater management. Since wetland regulations are imposed on property owners, the current proposal and its fees would not motivate owners. Mr. Smith shared that there needs to be a proactive approach from government to allow property owners to positively enhance the value of wetlands. Mr. Larson explained that wetlands are under regulations that require treatment prior to stormwater entering a wetland. Constructed wetlands are an excellent method of treating stormwater; however, it must be constructed and not natural. 7:20 p.m. Council President Duffie closed the public hearing. SPECIAL ISSUES a. Code changes: 1. An ordinance updating regulations regarding surface water management, establishing a new section entitled "Trash and Waste Receptacles." (TMC Title 14) 2. An ordinance related to low impact development requirements, establishing two new sections entitled "Permit Application Requirements" and "Seasonal Limitation Period." (TMC Title 16) 3. An ordinance implementing low impact development requirements in the design and review of surface water drainage on development projects. (TMC Titles 8 and 18) Councilmember Hougardy indicated these items were discussed at the Utilities Committee meeting on October 27, 2016. The committee members were unanimous in recommending approval. In response to Councilmember Hougardy's inquiry regarding code change compliance, Mr. Larson confirmed adoption would align us with the State Department of Ecology's updated regulations. A few of the proposed changes surpassed the required compliance, such as trash enclosures, grading changes, increased labeling of storm basins and bioretention facilities. Greg Villanueva, NPDES Coordinator, added information regarding the enforcement of drainage markers in the existing non - labeled basins and compliance of trash enclosures for restaurants. Councilmember Quinn asked staff to clarify the language on bioretention facilities as it relates to the work of the City's Tree Committee. Mr. Larson explained they have worked very closely with Senior Planner Moira Bradshaw in the Department of Community Development. Mr. Quinn stated he looks forward to policy discussions at the Utilities Committee to review "out of the box" opportunities consistent with our environmental regulations. COUNCIL CONSENSUS EXISTED TO FORWARD THESE ITEMS TO THE NEXT REGULAR MEETING. Tukwila City Council Committee of the Whole Minutes November 28, 2016 Page 3 of 8 b. A non- binding statement of intent to enter into an Interlocal Agreement with Regional Animal Services of King County ( RASKC). Councilmember Seal indicated this item was reviewed at the Finance and Safety Committee meeting on November 22, 2016. The committee members were unanimous in recommending approval. Vicky Carlsen, Deputy Finance Director, introduced Norm Alberg, Director of King County's Records and Licensing Services Division, to discuss proposed contract changes for continuing to provide animal control services for unincorporated King County beginning January 2018. Mr. Alberg shared a presentation explaining the service and benefits of the Regional Animal Services system. He summarized the proposed changes to include cost allocation methodology, contract term, automatic contract extension, Limited Re- Opener upon Notice of Termination, Latecomers addition prior to expiration of agreement, shelter credit retention and jurisdiction revenue in excess of costs. Currently, King County contributes $5.26 million to the general fund to support 38% of the total program revenue. The remaining revenue comes from the license and adoption fees and enhanced services. These services and benefits provide consistency, a single access point for residents, reduced demands on individual jurisdictions and provides volunteer networks. Tukwila data compared to all contract cities and unincorporated King County is as follows: 2016 population — 19,300 (1.91% of total population). 2015 calls -177 (7% of total calls). 2015 shelter intakes — 216 (5.71 % of total shelter intakes). 2015 license count— 1,127 (1.18% of total licenses). In response to Councilmember Robertson's question, Mr. Alberg clarified the high service rates are due to Tukwila's proximity to the shelter. Currently, six north end cities do not use RASKC since they contract with Progressive Animal Welfare Society (PAWS) for sheltering needs. Councilmember Kruller requested Mr. Alberg explain the service call process and clarify the revenue collection process for Tukwila. Mr. Alberg explained that RASKC is always on -call for emergencies by dialing 911. Phone calls are categorized by priority and dispatched within a certain period. Response time for threats to humans and animals are one hour or less, non - emergency threats are four hours, and animal nuisance calls are between 6 and 8 hours. To clarify Councilmember Kruller's inquiry regarding the revenue collection process, Mr. Alberg confirmed any pet license sold at City Hall would be applied to Tukwila. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 7:48 p.m. Councilmember Hougardy exited the Council Chambers. 7:50 p.m. Councilmember Hougardy returned to the Council Chambers. c. A resolution accepting a land donation. Councilmember Quinn indicated this item is a resolution to accept a land donation at the intersection of South 128th Street and 37th Avenue South. The item was discussed at the Community Affairs and Parks Committee meeting on November 14, 2016. Committee members were unanimous in recommending approval. Robert Eaton, Parks and Recreation Manager, provided information on the process. In 2015, the City was approached by a family wishing to donate 0.37 acres. This heavily - vegetated land is an intersection point for two Riverton Creek tributaries. The Parks, Recreation and Open Space Plan recommends the City, "Continue to seek opportunities for open space acquisition to increase land /trail connectivity, access to recreation areas and land conservation functions ". If the City accepts the land, an initial vegetation management plan would need to be performed. Since the site would be categorized as a Service Level 4, "Open Space ", it would require minimal annual maintenance. The initial financial impact to the City after title transfer would be approximately $10,000. This cost includes the Phase 1 Environmental Survey Tukwila City Council Committee of the Whole Minutes November 28, 2016 Page 4 of 8 and vegetation management funded through the 2017 Parks and Recreation CIP (Capital Improvement Program) Land Acquisition budget. Councilmember McLeod expressed gratitude to the donors for their generous offer. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. A resolution authorizing study of the Landscape Conservation and Local Infrastructure Program (LCLIP). Councilmember Quinn indicated this item is a resolution in support of regional transfer of development rights (TDRs) as part of a Landscape Conservation and Local Infrastructure Program (LCLIP). The item was discussed at the Community Affairs and Parks Committee meeting on November 14, 2016. Committee members were unanimous in recommending approval. Lynn Miranda, Department of Community Development Senior Planner, shared the background history of LCLIP and the feasibility analyses findings from the consultant teams of Forterra, ECONorthwest and Heartland. LCLIP is a state program offering cities access to a portion of their County's property tax revenue from new development for up to 25 years in return for acceptance and purchase of development rights transferred from regional farms and forests. Cities must use this revenue to fund infrastructure improvements supporting growth and redevelopment. Tukwila received a grant in 2014 to evaluate the viability of implementing the program. Approval of the resolution would notify King County of the Council's support for regional Transfer of Development Rights (TDR) and the willingness to consider establishing a Program. Developers would receive incentives in exchange for the TDR purchase from rural and resource areas. The resolution serves as a notice to the County that, after 180 days of the effective date, the City may hold a public hearing to consider the Program adoption. In answer to Councilmember Robertson's question, Ms. Miranda explained there are three mechanisms available to retire TDR credits relating to: (1) using the Multi - Family Tax Exemption, (2) demonstrate a public benefit, or (3) have the City broker with the developer. Nick Bratton, consultant with Forterra, and Michael Murphy from the King County TDR program, further clarified the Program is designed as no -risk to the City, which provides financial benefits for all involved. Mr. Murphy explained the City retains a portion of the County's share of property tax on all new development regardless if any TDR is used. Essentially, the developer buys TDR directly from King County and the County uses the revenue to purchase additional development rights from other properties. The funds King County receives would roughly balance the lost general fund revenue. In answer to Councilmember Hougardy's inquiry regarding the 180 -day process, Ms. Miranda confirmed the staff will work with the County to determine cost and implementation, as well as review and approve the multiple ordinances needed to move this program forward. Councilmember McLeod requested confirmation that the City can opt -out without penalty or repayment up to the ten -year mark. Ms. Miranda confirmed that was correct. Councilmember Seal referred to the recent update from the National League of Cities, which focused on the importance of funding for future infrastructure. Ms. Seal feels the time is right for cities to be creative and think 'outside the box'. Councilmember Quinn explained LCLIP can be viewed as an economic development strategy that balances between proactive and reactive. Investors are known to seek out this funding due to shrinking infrastructure funding. Councilmember Kruller expressed her support for the Program. She views this as an opportunity to participate with King County and to follow the Growth Management Act incentives. The Program language defines growth and opportunities and is in alignment with the City's Comprehensive Plan. Tukwila City Council Committee of the Whole Minutes November 28, 2016 Page 5 of 8 Nick Bratton, consultant with Forterra, addressed Councilmember Robertson's question regarding other cities participating in the program. He emphasized that any revenue generated through this program would be new City revenue. He recognized Councilmember Seal's point regarding the importance to diversify revenue sources and mentioned that Forterra and King County are willing to provide technical support to the City. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. An ordinance updating the rental license requirements to match the fee resolution and require proactive pest control. Councilmember Quinn indicated this item is an ordinance to update a requirement for proactive pest control. The item was discussed at the Community Affairs and Parks Committee meeting on November 14, 2016. Committee members were unanimous in recommending approval. Nora Gierloff, Community Development Deputy Director, explained the ordinance provides for proactive integrated pest control in rental properties, housekeeping items and aligning the code with the fee resolution that was adopted last month. Representatives from the Tukwila School District have indicated some apartments are infested with vermin, cockroaches, and bedbugs. While these complaints have not been directed to Code Enforcement staff and no actionable details have been provided, Code Enforcement reached out to the three apartment managers and owners. They found these complexes were already doing proactive pest management; however, to improve awareness information could be sent with all of the 2017 rental license renewal letters. Next year, the City could begin providing information about tenant rights and rodent control, and then evaluate in the future if the number of pest complaints has been reduced. Ms. Gierloff commented that the current rental licensing program provides inspections to each unit in the City every four years. A pest problem may or may not be observed at that time. Staff recognizes this as a widespread problem, and would like to see what can be done proactively instead of on an individual basis. Councilmember Seal favored the added language as presented on page 192 of the agenda packet; however, requested Section 3 of the draft ordinance include the term `for multi - family buildings'. Ms. Seal requested staff provide clarification on the reasons behind the decision to choose 20 or more units. Ms. Gierloff's information from surveys mailed to landlords with 5 or more units was reviewed, and the goal was to achieve a balance between the observed need and the reach of the new regulations. Councilmember Kruller stated her support as this is movement in a positive direction. She confirmed with Ms. Gierloff that the program intent is informational and does not change any regulations. Ms. Kruller requested there be further language clarification regarding single - family dwellings that are converted to rental units. Joe Puckett, 3809 SW Willow, Seattle, representing the Washington Multi - Family Housing Association, expressed concern with the proposed language. He suggested changes to Section 3 of the draft ordinance, and further discussion with Ms. Gierloff regarding new property inspections. Members of the housing association represent a large portion of property management owners throughout Washington and operate most of the multi - family properties in Tukwila. Councilmember Quinn agreed with the need for increased educational language to effectively communicate with apartment communities. Councilmember Hougardy commented on the uniqueness of our City and the diverse population. Education is an important process where we have residents who may choose not to step forward to report a problem. The City needs to do the inspections, receive the documents, and review the process as we look for ways to resolve the pest problem issue. Tukwila City Council Committee of the Whole Minutes November 28, 2016 Page 6 of 8 Councilmember McLeod agrees with discussions regarding the importance of education, and further language revisions for Section 3. Furthermore, he asked staff to clarify examples provided in Attachment C on page 197 of the agenda packet. Ms. Gierloff explained that the ordinance states a person must be trained in integrated pest management and provide the City with a proactive plan. Additionally, rodents are a city -wide issue and there needs to be education provided to businesses and property management. Councilmember Robertson expressed concern regarding the City requiring only larger properties to submit a pest plan rather than including smaller units. David Cline, City Administrator, clarified that Council would like staff to return to the next Regular meeting with proposed language changes based on tonight's discussion. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING FOR REVIEW OF PROPOSED LANGUAGE CHANGES. f. Affordable housing legislation: 1. An ordinance reducing development and land use fees for certain affordable housing projects. 2. An ordinance to provide an impact fee deferral process for single - family residential construction. Councilmember Quinn indicated these ordinances were discussed at the Community Affairs and Parks Committee meeting on November 14, 2016. Committee members were unanimous in recommending approval. Nora Gierloff, Community Development Deputy Director, explained these ordinances are an attempt to incentivize developers by reducing land use fees and providing an impact fee deferral process. The state legislation has mandated that cities adopt a deferral system for the collection of impact fees for new single - family residential construction. During the housing element discussion of the Comprehensive Plan, the City heard from residents that there is a need for family -sized housing and housing for the very low income residents. This proposal targets a fee reduction and incentives toward those two groups, specifically the two bedroom or larger apartments and renters who are making 50% or less of the King County median income. Councilmember Robertson asked Ms. Gierloff to clarify the statement on page 206 of the agenda packet which reads, "Tukwila currently allows exemptions from Fire and Parks impact fees for low- income housing developments, but does not take advantage of the provisions in the RCWs that allows for reductions of up to 80% of impact fees without reimbursement from the City's general fund ". Ms. Gierloff responded the current code says there can be a 100% waiver with a requirement to make up the entire amount from the General fund, but it is not required. Per the RCW, we can waive up to 80% of the impact fee for affordable housing without making up that amount with City funds. Mr. Robertson proposed a change that would continue to require the City to reimburse impact fee waivers from the General fund. He asked for clarification on Section 5 of the residential impact fee deferral ordinance (page 217 of the agenda packet). Subparagraph 6 states, "Fire impact fees for the construction of low- income housing may be reduced at the discretion of the Fire Chief when requested by the property owner in writing prior to permit submittal and subject to the following criteria: (a. and b.) ". Bob Giberson, Public Works Director, responded the ordinance intent follows state law and provides consistency between Parks, Fire, and Transportation impact fees. The developer provides the City a written request for deferral, and the City reviews the request to ensure the deferral would not place a burden on the City or community. There may be some instances where it is not fiscally prudent for the City to defer. The intent of the law is stated in the fourth Whereas clause of the ordinance. Mr. Cline referenced the language in Section 2, subparagraph B.6., as an example of how the City implements deferrals. The language states, "Transportation impact fees for the construction of low - income housing may be reduced at the discretion of the Public Works Director when requested by the property owner in writing prior to permit submittal and subject to the following criteria: (a, b and c) ". Tukwila City Council Committee of the Whole Minutes November 28, 2016 Page 7 of 8 Councilmember Quinn commented that the language does not provide greater authority or autonomy to department directors; however, there does need to be an administrative process for deferral consideration. Mr. Quinn views this process similar to a developer's agreement and believes this does not preempt anything that normally comes before the Council. Councilmember Hougardy agreed with Councilmember Quinn's comments. Inclusion of language that states "at the discretion of," is standard and creates a level of control. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. g. Budget legislation: 1. An ordinance adopting the biennial budget for the 2017 -2018 biennium. 2. A resolution adopting the 2017 -2022 Financial Planning Model and the Capital Improvement Program for general government and the City's enterprise funds. Councilmember Seal stated the Council has received additional information to answer questions raised during previous discussions. This will be the last opportunity for questions before the Council considers adoption of the budget ordinance at the next Regular meeting. 9:40 p.m. Council President Duffie exited the Council Chambers. 9:42 p.m. Council President Duffie returned to the Council Chambers. Councilmember McLeod asked whether Council needs to wait until the end of union negotiations before the budget can be approved. Councilmember Seal clarified that the current negotiations do not impact Council's ability to approve the budget. Any changes would be reflected in an amendment next year. Councilmember Kruller expressed approval for the addition of the Technology Department's quarterly reports to the Council. Ms. Kruller commented that the reports will help measure public benefits, employee productivity and efficiencies gained from recent technology changes. Councilmember Quinn asked Joseph Todd, Technology and Innovation Services Director, to clarify the public benefit of the department's implemented changes. Mr. Todd explained that outsourcing Level 1 and Level 2 work helps department staff focus a high level of service to employees. Mr. Quinn stated he looks forward to discussing the quarterly reports in order to articulate the public benefits of the technology budget. Councilmember Hougardy stated she would like to see stability in the budget over the next year. She feels the technology budget was needed for the City to catch up to current practices. Council President Duffie thanked City staff and the Council for their outstanding job over the past year. Councilmember Quinn discussed the City's successful School Resource Officer (SRO) program. He expressed interest in finding creative ways to efficiently utilize the position in a greater capacity throughout the City. Councilmember Seal agreed the City needs to be creative when implementing the budget. Ms. Seal expressed the importance of being able to articulate the public benefits of the City's budget and services to members of the community. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Tukwila City Council Committee o/ the Whole Minutes November 28.2O10 REPORTS a. Mayor Page 8 of 8 Mayor Ekberg reported he had lunch with Eric Drever, Police Investigations Commander, for recognition of his passing through the FBI academy. AddidonaUy, he reported that new employee K8ia Navarro, Community Engagement Manager, accompanied him on a tour of residential and commercial neighborhoods. b. City Council Councilmember Kruller reported she was proud of the Sounders advancement to the 2016 MLC cup. c. Staff There was noreport. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. n. Intergovernmental There was nureport. ADJOURNMENT 10:02 p.m. COUNCIL PRESIDENT DUFF|E DECLARED THE COMMITTEE QF THE WHOLE MEETING ADJOURNED. Francesca Siegler, Deputy City Clerk APPROVED 8Y THE COUNCIL PRESIDENT: 12/28M6 AVAILABLE ON THE CITY WEBSITE: 12/29/16