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HomeMy WebLinkAbout2011-06-27 Committee of the Whole Minutes Tukwila City Council Committee of the Whole Meeting City Hall Council Chambers June 27, 2011 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE MEETING CALL TO ORDER /PLEDGE OF ALLEGIANCE Council President Ekberg called the Tukwila City Council meeting to order at 7:08 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Allan Ekberg, Council President, Councilmembers Joe Duffie, Joan Hernandez, Dennis Robertson, Verna Seal; Kathy Hougardy, De'Sean Quinn. CITY OFFICIALS Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Mike Villa, Police Chief; Bob Giberson, Public Works Director; Jack Pace, Community Development Director; Nora Gierloff, Community Development Deputy Director; Carol Lumb, Senior Planner; Rick Still, Parks and Recreation Director; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS There were no citizen comments. PUBLIC HEARING Shoreline Master Program (SMP) ordinances. 7:09 p.m. Council President Ekberg opened the Public Hearing and asked for a staff report. Carol Lumb, Senior Planner, provided a synopsis of the Shoreline Master Program (SMP) legislation. She explained that prior to the December 14, 2009 adoption and implementation of the Shoreline Master Program, the Planning Commission invited the community to a public hearing, community workshops, and open house events to review the draft update. The City Council conducted 10 Council work sessions to review the mandated update of the City's Shoreline Master Program, and conducted an extensive public hearing to garner public comments and property owner involvement. Ms. Lumb explained that adopting a Shoreline Master Program is a joint effort between a local jurisdiction and the Washington State Department of Ecology (DOE). After the December 14, 2009 adoption of the SMP, staff forwarded the approved plan to DOE for review and comment and a DOE public hearing and comment process. On March 24, 2011, the City received correspondence from DOE indicating they completed their review of the City's draft shoreline program, and they included their recommended and required changes to the SMP. The City Council reviewed these changes at the May 11, 2011 Council Work Session. The required changes include additional detailed mapping, a Shoreline Use Matrix, an aquatic shoreline environment, sign standards, the modification of certain permitted uses, and clarifying building height standards. Melissa Hart, Deputy City Clerk, acknowledged receipt of 1 written comment received in the City Clerk's Office relating to the Shoreline Master Program. The following written comment was distributed to the City Council and referenced into the record: 1. A letter from Charles Maduell of Davis Wright Tremaine LLP dated June 27, 2011, relating to the Department of Ecology changes to the Shoreline Master Program. Tukwila City Council Committee of the Whole Minutes June 27, 2011 Page 2 of 6 Council President Ekberg called for public comments. Dick Hinthorne, 5795 130 Place South, indicated he is the General Manager of Baker Commodities. He is present to represent the landowners relating to the proposed Shoreline Master Program and what they believe is the taking of privately owned land. They believe the message the City is presenting is that their business is no longer desired within Tukwila. With the current buffer width as outlined in the draft plan, it will require the landowners to bear the costs of all the societal benefits that will be created by the implementation of the City's Shoreline Master Program. The adoption of this plan would create a large economic impact for landowners along the shoreline, and will also have a tremendous impact on property values. He feels the property value reduction should then be reflected in tax assessment values. He said the current buffer widths are substantially smaller and more flexible in the cities of Auburn and Seattle. This buffer width is not a regulation of DOE, rather a determination by staff from the local municipality. Mr. Hinthorne also commented on the current review of floodplain mapping by the Federal Emergency Management Administration (FEMA) and the U.S. Congress. In the past, FEMA determined that all levees that are not certified would be disregarded in floodplain planning. It is his understanding that Congress has directed FEMA to re- examine this practice, and it is very possible that the entire valley area could be subject to floodplain zoning. As for the Aquatic Environment regulations, he is not opposed to this, although he feels the requirements were added by DOE at the last minute and they did not seek public input. It is his personal opinion the review conducted by DOE was not adequately noticed and was handled poorly. Joe Desimone, 5609 Southwest Manning Street, Seattle, distributed a copy of his suggestions relating to buffer widths in the shoreline environment. He explained that his family and their trust own approximately 100 acres along the Duwamish River. He expressed concern with last minute changes in the City's draft SMP as submitted by the DOE, relating to building outside the buffers. In his opinion, these regulations would create a mass loss of revenue and jobs to the community. He also feels the property owners will not be able to build or locate new investors in properties along the river. Mr. Desimone suggested the City retain control of the shoreline regulations, by allowing buffer width reductions as long as they do not affect the environment, rather than allowing Olympia to control the plan. He indicated that the City of Auburn has a buffer determination that is based on the use of the land and would like Tukwila to adopt similar regulations. He also asked the Council for greater clarity relating to the allowable uses along the shoreline to better assist property owners. Bill Toon, 13360 56 Avenue South, conveyed that he does not agree with the current and proposed Shoreline Master Program. The City took 20 feet of land from property owners with the first plan, and now the City is taking 200 feet. From his standpoint, the City takes more care and provides greater attention to the City -owned riverbanks than providing restoration assistance to the City's property owners. He explained that his family has lived in the Foster Point area for many years, and the plan as presented would restrict property owners from expanding their homes. It is his understanding that the new regulations, requiring a 200 -foot setback, would make it impossible for property owners to rebuild after a fire or even develop on their property. He feels this type of regulation will force people to find land in other jurisdictions to build new homes. Mr. Toon said he is disappointed that the residents were not given the opportunity to form a stakeholder committee to review the staff suggested updates to the current Shoreline Master Program. Councilmember Hougardy asked staff to clarify the buffer width requirements for residential and non levee properties. Ms. Lumb conveyed that the required buffer is the area needed to lay back the river bank at a 2.5:1 slope plus 20 feet, with a minimum buffer for a residential property at 50 feet. In the 50 -foot buffer, if the resident already has a structure, the property owner can make repairs and the non conforming structure section of the SMP would go into effect. A property owner could not encroach into the 50 -foot buffer, if there is no structure currently there. She also clarified that non -levee properties north of the Turning Basin in the City's high intensity shoreline environment, the buffer width is 100 feet. That buffer width can be reduced if the property owner resloped the buffer to a 3:1 slope starting from the ordinary high water mark. In the urban conservancy areas, the buffer width is also 100 feet. A property owner can receive a maximum 50% buffer reduction in this area if the riverbank is resloped to a 2.5:1 ratio with re- vegetation. Tukwila City Council Committee of the Whole Minutes June 27, 2011 Page 3 of 6 Councilmember Quinn asked for clarification on the timeline required for adoption of the revised Shoreline Master Program. In his view, the Council should continue the public hearing to give stakeholders additional time to review the draft ordinances and Shoreline Master Program. Ms. Lumb explained that the City had 30 days from the date of receipt of the Department of Ecology review letter. The Washington State Department of Ecology has allowed the City a little extra time for completion of the revision /update due to their delay in review of the draft Shoreline Master Program. Councilmember Hernandez asked for clarification on the issues and questions that have been raised by the previous speakers. Ms. Lumb reviewed the questions raised by Mr. Maduell of Davis Wright Tremaine LLP. The first issue relates to the flood insurance rate maps the City is using that show the Innkeepers property as having a levee, and the requirement for a buffer width for a "leveed" property of 125 feet. She explained that the property does have an armored bank, and it is not clear if the armored bank was mistakenly identified as a levee. This issue is currently under review. The second concern addressed by Mr. Maduell is relating to water- oriented uses as identified in the Shoreline Use Matrix. This language was inserted by the Department of Ecology. The language is meant to acknowledge the difficulty in establishing water related uses upstream of the Turning Basin due to the steep river banks or presence of levees. The required Shoreline Use Matrix, and the list of permitted uses provides broad categories which assist the property owners with greater clarity for all allowable uses within the shoreline environment, and may avoid some of the nonconforming issues that came up during Council review last year. Councilmember Duffie indicated there would be greater clarity for everyone if the public hearing were continued. This would allow the residents, businesses, and property owners additional time to review and comment on the ordinances and the Shoreline Master Program. Councilmember Robertson relayed that he is concerned with extending the public hearing. He suggested that staff could spend individual time with anyone who may still have questions or concerns. The Council has done a diligent review of the comments received in 2009 and has addressed the concerns presented by the speakers. Staff has provided a good package for Council consideration, and the addition of the Shoreline Use Matrix provides greater clarity on the types of uses allowed in the shoreline environment. He would like to see the Council move this item forward to the next Regular Meeting. Council President Ekberg asked for clarification on what types of changes the Council could make, and whether those changes would require additional state review. He also asked about the review process for any future amendments to the Shoreline Master Program. Ms. Lumb indicated that any changes suggested by the City Council that change or alter any of the required language as provided by the state would require another review of the Shoreline Master Program by the DOE. She explained that staff would like the Council to adopt the ordinances and review the regulations in 1 year to gauge the effects on building and development within the shoreline. This would provide greater clarity to City staff and Council on issues that should be addressed or amended. Any future SMP amendments would need to be reviewed by the Washington State Department of Ecology. Councilmember Hougardy feels the City should continue the public hearing, so she is able to have more time to review the information that was presented. Councilmember Quinn feels the public hearing should be continued to provide greater accessibility to the property owners and more time for them to review the DOE comments. Councilmember Seal explained that with the addition of the Shoreline Use Matrix, she was able to work through previous comments the Council had received in the past. She is comfortable with the ordinances and Shoreline Master Plan as submitted and is also open to allowing additional review and comments by the community. Tukwila City Council Committee of the Whole Minutes June 27, 2011 Page 4 of 6 Councilmember Robertson said the Council has done a good job of reviewing the SMP ordinances and he is ready to move them forward. Councilmember Hernandez indicated that she is willing to continue the public hearing to allow the individuals who testified this evening additional time to meet with City staff to discuss their concerns. Council President Ekberg continued the public hearing on the Shoreline Master Program ordinances to the July 25, 2011 Committee of the Whole meeting. SPECIAL ISSUES a. Shoreline Master Program ordinances. 1. An ordinance adopting a Shoreline Master Program update for the City of Tukwila. 2. An ordinance amending the Shoreline Element of the City's Comprehensive Land Use Plan to incorporate policies that reflect new State requirements for areas subject to shoreline jurisdiction. 3. An ordinance amending requirements for Shoreline Regulations codified at Tukwila Municipal Code Chapter 18.44, "Shoreline Overlay," to incorporate new state requirements. 4. An ordinance amending definitions for shoreline regulations as codified in Chapter 18.06 of the Tukwila Municipal Code, to incorporate new state requirements. COUNCIL CONSENSUS EXISTED TO FORWARD DISCUSSION OF THE 4 SHORELINE MASTER PROGRAM ORDINANCES TO THE JULY 25, 2011 COMMITTEE OF THE WHOLE MEETING. b. Contract amendment with Past Forward NW Cultural Services for the Duwamish Hill Preserve. Councilmember Seal indicated this item was discussed at the Community Affairs and Parks Committee meeting on June 13, 2011. The committee members were unanimous in recommending approval. On June 1, 2007, the City executed a consultant agreement for Cultural Interpretation Services with Northwest Cultural Services (Past Forward) for the Duwamish Hill Preserve. Past Forward has successfully obtained $650,025 in grant funding for the Duwamish Hill Preserve. The grants obtained were primarily used for the design and development of Phase I. Two grants have been used to develop the educational portion of the project, and curriculum has been written and used in several Tukwila School District classrooms, along with several site visits by different age students. Adding the proposed amendment in the amount of $10,000 will extend the contract over the $40,000 threshold of the Mayor's authority, thus requiring City Council approval COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. Bid award for the 2011 Overlay and Repair Program. Councilmember Hernandez indicated this item was discussed at the Transportation Committee meeting on June 20, 2011. The committee members were unanimous in recommending approval. Bob Giberson, Public Works Director, explained the 2011 Overlay and Repair Program was advertised for bid on May 12 and 19, 2011. Five bids were opened on June 2, 2011, with the low bid of $937,520.75 from Watson Asphalt Paving. Watson Asphalt has successfully worked for the City in the past and their bid is within budget. The contractor's bid for Additive Item No. 1, relating to removal and replacement of asphalt within the parking lot travel lanes, was $48,104.00. Fort Dent's parking tax revenue of $50,600.00 will fund the much needed travel lane improvements. The Council is being asked to award the base bid and additive alternate in the amount of $985,624.75. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Tukwila City Council Committee of the Whole Minutes June 27, 2011 Page 5 of 6 d. Supplemental Agreement No. 11 with IBI Group for the Tukwila Urban Center Transit Center. Councilmember Hernandez indicated this item was discussed at the Transportation Committee meeting on June 20, 2011. The committee members were unanimous in recommending approval. The IBI Group began design services for the Tukwila Urban Center Transit Center in 2006 and Andover Park West street improvements were added in 2008. Supplement No. 11 will bring the design to 60 and a future supplement will be forthcoming for the final project design. The City is a recent recipient of a Washington State Department of Transportation Regional Mobility Grant in the amount of $4,735,000.00. The Council is being asked to approve Supplement No. 11 in the amount of $260,521.00. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Haggerton attended the Association of Washington Cities (AWC) Conference June 21 through June 24, 2011. On June 25, 2011, he attended the Rock -n -Roll Marathon, where there were approximately 26,000 participants this year. He explained the estimated economic benefit for the City from the 2010 Rock -n -Roll Marathon was approximately $3 million. On June 26, 2011, the Mayor also attended the Tukwila Historical Society Gala and Auction. b. City Council Councilmember Duffie attended the Rock -n -Roll Marathon on June 25, 2011. Councilmember Hernandez attended the June 21, 2011 South County Area Transportation Board (SCATBd) meeting, and later that evening the Joint City Council Tukwila School District meeting. On June 22, 2011, she attended the Southwest Chamber of Commerce after -hours event and the June 23, 2011 inaugural flight ceremony for Condor Airlines at SeaTac International Airport. She also attended the Tukwila Historical Society Gala Auction on June 26, 2011. Council President Ekberg attended the June 21, 2011 Joint City Council Tukwila School District meeting and the Rock -n -Roll Marathon on June 25, 2011. He also attended the Tukwila Historical Society Gala Auction on June 26, 2011. Councilmember Seal attended the June 21, 2011 Joint City Council Tukwila School District meeting. Councilmember Hougardy attended the Association of Washington Cities (AWC) Conference June 21 through June 24, 2011. She also attended the Rock -n -Roll Marathon on June 25, 2011. Councilmember Quinn attended the June 21, 2011 Joint City Council Tukwila School District meeting. c. Staff There was no report. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental Kimberly Matej, Council Analyst, reminded the Council of the June 30, 2011 Budget Workshop at the Tukwila Community Center at 6:00 p.m. Tukwila City Council Committee of the Whole Minutes June 27, 2011 Page 6 of 6 MISCELLANEOUS Councilmember Robertson asked City Administration for an update on the agenda for the June 30, 2011 Budget Workshop. Steve Lancaster, City Administrator, explained the agenda for the Council Budget Workshop will be distributed to the Council on June 28, 2011. Councilmember Robertson conveyed that the parking problems have increased at City Hall. He expressed concern regarding the large sign in the lobby advertising "Alliance One," and the appropriateness of a commercial advertisement in City Hall. He commented on the atmosphere while entering City Hall, and the number of people using that service. He asked City Administration to research whether having Alliance One is profitable for the City. He would like a detailed report identifying revenue collected by Alliance One for the City of Tukwila. He is also concerned about the safety of citizens who are visiting City Hall for other business. Mr. Lancaster explained the City Administration did consider non renewal of the Alliance One agreement for 2011. However, information provided by the Court staff indicated an increase in collection of outstanding citations. He will work on gathering the requested information. Council President Ekberg explained that during the most recent Court update, it was stated that having an Alliance One pay station benefits the City. He asked if it is necessary to have the pay station located within City Hall or could another City facility be offered for a possible relocation. Mr. Lancaster explained the pay station could be relocated to other City property or non -City property within close proximity to City Hall. Having the pay station close and easily accessible will insure the high volume of continued outstanding collections. He indicated that he would work on gathering this information as well. ADJOURNMENT 8:58 p.m. COUNCIL PRESIDENT EKBERG DECLARED THE COMMITTEE OF THE WHOLE MEETI Alka�kb re g, Council President Melissa Hart, Deputy City Clerk APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 7/11/2011 AVAILABLE ON THE CITY'S WEBSITE 07/12/2011