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HomeMy WebLinkAbout2018-06-25 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers June 25, 2018 — 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Seal 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 Seal; Councilmembers Dennis Robertson, De'Sean Quinn, Thomas McLeod, Zak !clan. Councilmembers Hougardy and Kruller were not in attendance. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Jack Pace, Community Development Director; Nora Gierloff, Community Development Deputy Director; Minnie Dhaliwal, Planning Supervisor; Moira Bradshaw, Senior Planner; Brandon Miles, Business Relations Manager; Jay Wittwer, Fire Chief; Bruce Linton, Police Chief; Henry Hash, Public Works Director; Hari Ponnekanti, Public Works Deputy Director/City Engineer; Laurel Humphrey, Council Analyst; Andy Youn, Deputy City Clerk. AGENDA AMENDMENT Councilmember Robertson asked for consensus to move agenda item 6e, "a resolution opposing the separation of migrating children from their families" to become the first item under Special Issues. COUNCIL CONSENSUS EXISTED TO AMEND THE AGENDA AS REQUESTED. SPECIAL PRESENTATION 2017 State of the Court address. Judge Kimberly Walden. Judge Kimberly Walden noted a significant amount of public scrutiny has surrounded the issue of the location of the new Justice Center. She hopes tonight's presentation will correct misinformation about the Court's role and provide assurance of the Court's commitment to restorative justice. Judge Walden utilized a PowerPoint to provide the 2017-2018 State of the Court address, with the following key points: Caseload: Cases Filed: 4,500 Hearings Held: 12,500 Over 5,500 Cases Disposed (Traffic=3,500; DUI=52; Parking=860; Nontraffic=1,100) Budget: 94% Legal Outreach Probation Academy Civics Sessions Customer Service Citizens' Academy Tukwila City Council Committee of the Whole Minutes June 25, 2018 Page 2 of 9 Customer Services Financial Screening Interpreter Services Relicensing Pay Station Community Resource Center Public Defender & Indigency Screening 96% Qualify Court costs & fines imposed only if current or future ability to pay Community Outreach Nearly 500 events 30 different languages Interpreter costs: $34,600 (state reimbursed $8,500) King County Universal Payment Program (UP) 2000 cases and over $1 million assigned, over $30 thousand paid Community Resource Center Emergency provisions (Food, Clothing) Treatment, housing, education, employment & safety referrals Government assistance/benefit renewal Transition from incarceration Compliance Support Low cost classes (DV MRT and Consumer Awareness) 35 graduates (DV MRT) 11 courts (DV MRT) 70% Tukwila residents Annual cost to City: $20 (Consumer Awareness) Community service $15/hr Non -Profit Accountability Accessibility Jail alternatives Work crew Community work Home monitoring Day Reporting Court Team Employee of the Year: Kerry Carlson Connected CLI CMS — Modernizing State Case Management System C4K — Court 4 Kids State Commissions Councilmember Quinn articulated his appreciation of the court's implementation of restorative justice. He stated the Court does not let Tukwila's city borders limit the help it can provide. He highlighted the King County Universal Payment (UP) Program as a way the Court builds financial awareness and planning amongst those who have entered the justice system. Councilmember McLeod commended Judge Walden and the Court staff for creating and executing an innovative culture in the Court. He is appreciative of the Judge's thoughtful pathways of restorative justice and noted the Court is equipping people to make better choices. Although the Court is limited by the current facility, it is able to provide substantial services to the community. He looks forward to seeing what the Court will accomplish when it has access to more resources at the future Justice Center. Tukwila City Council Committee of the Whole Minutes June 25, 2018 Page 3 of 9 Councilmember Idan found the presentation highly informative. He relayed the City's lobbyist could advocate for legislation that will benefit the Court's efforts on the UP Program. Judge Walden shared some insights from a presentation she made to the Supreme Court and emphasized courts should be responsibly funded. She noted municipal courts risk being eliminated when not properly managed, which is damaging to the local community. She is appreciative of the support the Court receives from the Council and the City. Joe Duffle, 5332 South 140th Street, invited the public to interact with the Judge, the Court, and police department. He appreciates the Court for their teamwork. He is in support of the Justice Center. PROCLAMATION Council President Seal read a proclamation on behalf of Mayor Ekberg, declaring June 15, 2018 as "Airport Service Workers Day" in the City of Tukwila, encouraging citizens to recognize the contributions Airport Service Workers provide to the community. PUBLIC COMMENTS There were no public comments. PUBLIC HEARING a. A resolution adopting the Six -Year Transportation Improvement Program for 2019-2024. 7:45 p.m. Council President Seal opened the public hearing and asked for a staff report. Hari Ponnekanti, Public Works Deputy Director/City Engineer, explained that the Transportation Improvement Program (TIP) is updated and adopted annually as required by the Revised Code of Washington (RCW). Any project submitted for federal grant funding must be included in the local, regional, and state adopted TIPs. Staff coordinates TIP projects with the City's Capital Improvement Program (CIP), and both are updated as necessary. Mr. Ponnekanti offered to provide a detailed overview of the projects that were removed and added. Councilmember McLeod, Chair of the Transportation and Infrastructure Committee, clarified the list of projects in the agenda packet (pages 39 — 79) are not in sequential order. Rather, it is a list of projects that will be submitted for grants. The City is not committing to these projects. Council President Seal called for public comments. There were no public comments. 7:47 p.m. Council President Seal closed the public hearing. b. An ordinance renewing a moratorium within the Tukwila International Boulevard (TIB) Study Area. 7:48 p.m. Council President Seal opened the public hearing and asked for a staff report. Moira Bradshaw, Senior Planner, explained this ordinance renews the moratorium currently in place in the TIB Study Area. The moratorium places a hold on the development and redevelopment of hotels, motels, extended -stay facilities, and auto -oriented commercial uses in that area while the City updates development standards. Ms. Bradshaw noted the draft ordinance has no significant changes from previous moratoriums, other than the revised work program. Tukwila City Council Committee of the Whole Minutes June 25, 2018 Page 4 of 9 Council President Seal called for public comments. There were no public comments. 7:49 p.m. Council President Seal closed the public hearing. c. An ordinance amending the Zoning Code to adopt residential development standards and residential design guidelines for the Tukwila South Overlay zone. 7:49 p.m. Council President Seal opened the public hearing and asked for a staff report. Minnie Dhaliwal, Planning Supervisor, provided an overview of this item as follows: Background The entire Tukwila South Project area consists of approximately 400 acres generally bounded by South 180th Street on the north, South 204th Street on the south, Orillia Road and 1-5 on the west and the Green River on the east. The Tukwila South area contains several zoning designations, which include: Low Density Residential (LDR); Tukwila Valley South (TVS); Heavy Industrial (HI): and Mixed -Use Office (MUO). The area includes an overlay that supersedes the underlying zoning. When the TSO zone and standards were adopted in 2009, it was expressly contemplated that development standards regarding residential uses would be adopted in the future. The proposed amendments to the Zoning Code are to adopt development standards and guidelines for residential uses in the portion of the Tukwila South Overlay (TSO) District that immediately adjoins land located in the City of SeaTac to the east of Interstate 5. Proposed Changes 1. Multi -family Design Manual Tukwila currently has a Multi -family Design Manual for any multi -family development in the HDR zoning district. The maximum density in the HDR zone is 22 dwelling units per acre. The land zoned TSO with underlying zoning of LDR adjoining the City of SeaTac is being considered by a developer for multi -family development similar to the type of development allowed in HDR. 2. Multi -family Development Standards The Planning Commission is recommending adopting the development standards of HDR zones for the portion of the TSO that adjoins the City of SeaTac, except for open space/recreation and parking regulations. These include: a) 2,000 SF lot area per unit (density of 22 dwelling units per acre); b) Maximum height of 45 ft; c) Development area coverage of 50% maximum; d) Tiered front yard setbacks of 15 ft for 1St floor; 20 ft for 2nd floor; 30 ft for 3rd floor; 45 ft for 4th floor; e) Tiered side and rear setbacks of 10 ft for 1st floor; 20 ft for 2nd and 3rd floor; 30 ft for 4th floor; Maximum building length of 50 ft, but allowed up to 200 ft with modulation; Landscaping standard of 15 ft in front and 10 ft along side and rear; interior parking of 20 SF per stall and 15 SF per stall if placed behind buildings. f) 9) 3. Recreation Space Requirements HDR zoning has open space/recreation space requirement of 400 SF per unit with a minimum of 1000 SF. SeaTac's recreation space requirements are: 120 SF for a studio; 160 SF for a 1 - bedroom unit; and 200 SF for a 2 or more bedroom unit. The Planning Commission is recommending the City adopt standards similar to the City of SeaTac with a graduated scale depending on the size of the unit, as requiring standards similar to current HDR requirements will result in a disproportionate amount of recreation space for smaller studio units. Additionally, the Planning Commission is recommending the recreation space Tukwila City Council Committee of the Whole Minutes June 25, 2018 Page 5 of 9 include a requirement per the Tukwila Municipal Code (TMC) to include at least 50% of outdoor recreation space, with at least 25% of that outdoor recreation space for the 5 -12 -year-old group. 4. Parking Requirements Multi -family dwellings in the HDR zone are required to provide 2 spaces for each dwelling unit that contains up to 3 bedrooms and 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. SeaTac has a graduated scale of 1 stall per studio unit, 1.5 stalls per one -bedroom unit, and 2 stalls per two or more bedrooms. King County Metro's Right -Sized Parking Calculator generated a standard of 1.6 stalls per unit, which is similar to SeaTac's standards. The Planning Commission is recommending the City adopt parking standards similar to the City of SeaTac with a graduated scale based on the size of the unit, at one stall per studio unit, 1.5 stalls per one -bedroom unit and 2 stalls per two or more bedrooms. Council President Seal called for public comments. Nicole De Leon, 524 2nd Avenue, Seattle, is a land use attorney from Cairncross & Hempelmann. She is here on behalf of Segale Properties with respect to the application to amend the Zoning Code to adopt development standards and design guidelines for residential uses in a portion of the TSO. She noted that as detailed in the staff report, the adopted Development Agreement in the Tukwila South Master Plan contemplated the subsequent adoption of these design guidelines and development standards. Segale Properties is requesting that the City enact these measures in accordance with the plan. Ms. De Leon introduced Mike Pruett, of Segale Properties, and Chris Rossman, of The Wolff Company, and offered to answer any questions. The Council asked the following clarifying questions: • Does this ordinance open the TSO to other high-density development? Ms. Dhaliwal clarified this ordinance only allows residential developments in sites zoned TSO with underlying zoning of LDR adjoining the City of SeaTac. Any other residential development would need to have standards for that area adopted by ordinance. • How many acres will this development consist of? Ms. Dhaliwal explained the development is still preliminary but approximately 4 out of 8 acres will be utilized for this project. The applicant has shared that the developer intends to build 4 separate buildings with 96 units within Tukwila. The remainder of the development will be in the City of SeaTac. • Why wasn't a Development Agreement used for this project? Ms. Dhaliwal replied there is already a Development Agreement for the property. The TMC currently states residential uses will be allowed within the TSO once residential standards and guidelines are adopted by ordinance. This ordinance amends the code to allow residential uses. • Will the City be obligated to approve requests from other developers who would like these same standards applied to their high-density properties? If someone requested changes to development standards, staff would review their request. However, changing development standards is a legislative process through the Council. 8:11 p.m. Council President Seal closed the public hearing. SPECIAL ISSUES a. A resolution opposing the separation of migrating children from their families. (per agenda amendment) Council President Seal read the resolution in its entirety. Ms. Seal proposed the following amendment to the proposed resolution: • Add: "WHEREAS, the President's Executive Order issued on June 20, 2018, titled "Affording Congress an Opportunity to Address Family Separation," does not go far enough to address this Tukwila City Council Committee of the Whole Minutes June 25, 2018 Page 6 of 9 problem, and is unclear whether or when the over 2,300 children currently separated from their farnilies will be reunited." Ms. Seal thanked Laurel Humphrey, Council Analyst, for her work in drafting this resolution. She shared that the Department of Homeland Security (DHS) recently issued a Fact Sheet regarding family reunification. She invited the community to reach out to her for more information on how they can help support those who have been detained. Councilmember Quinn expressed his support of the resolution and stated it is substantive to the issue. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM, AS AMENDED, TO THE NEXT REGULAR MEETING. b. A resolution adopting the Six -Year Transportation Improvement Program for 2019-2024. Councilmember McLeod indicated this item was discussed at the Transportation and Infrastructure Committee meeting on May 29, 2018. The committee members were unanimous in recommending approval. Mr. McLeod, Chair of the Transportation and Infrastructure Committee, noted this item is part of an annual process for projects competing for grants. In addition, the Capital Improvement Program (CIP) reflects prioritization of projects for the City. Mr. Quinn is also on the Transportation and Infrastructure Committee, and he appreciates the Chair's emphasis on clarifying this item and staff's work in ensuring the information was appropriately represented. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. An ordinance renewing a moratorium within the Tukwila International Boulevard Study Area. In the absence of Councilmember Kruller, Chair of the Community Development and Neighborhoods Committee, Ms. Seal relayed this item was discussed at the June 12, 2018 meeting and moved forward with unanimous approval. Mr. Quinn commented the Council has been consistent and thoughtful in carrying this process forward. This is a continuation of the review process for the TIB Study Area. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. An ordinance amending the Zoning Code to adopt residential development standards and residential design guidelines for the Tukwila South Overlay Area. In the absence of Councilmember Kruller, Chair of the Community Development and Neighborhoods Committee, Ms. Seal relayed this item was discussed at the June 12, 2018 meeting and moved forward with unanimous approval. Councilmember Robertson indicated he was comfortable with the proposed ordinance but is concerned about the impact of reducing recreation space. He emphasized the importance of having recreation area available for youth. Councilmember Idan requested the applicant and developer provide more detail about the proposed development as it relates to the City of SeaTac. His concerns were alleviated by the information they provided during committee. Chris Rossman, of Wolff Company, stated they are working with the applicant, Segale Properties, to purchase this property and proceed with a mixed-use, multi -family, senior housing development. Per Mr. [clan's comments, this is part of a larger multi -family community that spans the cities of SeaTac and Tukwila City Council Committee of the Whole Minutes June 25, 2018 Page 7 of 9 Tukwila. The project will consist of approximately 384 market rate units, 96 of which will be located in SeaTac. However, all units will be served by the same management company as one cohesive community. They will be providing a large community/amenity center within SeaTac with a pool, a 10,000 SF clubhouse and extensive outdoor spaces that will include a basketball court, youth recreation areas and play structures. Due to constraints in space and topography in Tukwila, these uses will be provided in SeaTac but available to residents in both cities. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO NEXT REGULAR MEETING. e. An ordinance pertaining to Accessory Dwelling Unit (ADU) Regulations. In the absence of Councilmember Kruller, Chair of the Community Development and Neighborhoods Committee, Ms. Seal relayed this item was discussed at the May 29, 2018 meeting. The committee members were unanimous in recommending approval as amended. Nora Gierloff, Community Development Deputy Director, provided background on this item as follows. After the Council's public hearing on the proposed Accessory Dwelling Unit (mother-in-law apartment and backyard cottage) ordinance on May 14th, the Council sent the issue back to the Community Development and Neighborhoods Committee. The topics they identified for further discussion include: • Number of parking spaces required; • Minimum lot size required to qualify for an ADU; • Maximum size of attached and detached ADUs; • Whether lots with ADUs should be required to subscribe to curbside garbage pickup; and • How the ADU requirements will be enforced. The Committee reviewed the ordinance and recommended the following changes: • Applying the minimum lot size to detached ADUs only and allowing attached ADUs as part of a house on any LDR lot. • Setting an 800 SF maximum for detached ADUs The Council has also flagged the issue of the maximum amount an existing attached or detached ADU will be allowed to exceed the permitted area under the amnesty program. Options include: a. Do not set a maximum allowable size and instead apply the existing LDR zoning limitations for maximum building footprint and development area limitations to the lot. b. Set a maximum size of 1,500 square feet for ADUs that will be allowed to register under the amnesty program. c. Select another maximum size for ADU legalization. Ms. Seal shared the committee decided to address the garbage issue at a later time, as Public Works will be negotiating a garbage franchise agreement in the future. Sandra Kruize, 4457 South 158th Street, expressed the postcard survey that was sent out to landlords in July was unclear and misrepresented the intent of the postcard due to the design. The Comprehensive Plan states growth will occur in other zones in the City. The growth of high density neighborhoods can be better accommodated and planned for in other zones. The economic benefits of ADUs in low-density residential zones will be slight. She urged the Council to consider the right of homeowners to live in quiet, green and private spaces. Ms. Kruize stated this issue should not be a compartmentalized process. She suggested placing it on a citywide ballot to be voted on by the entire community. Scott Kruize, 4457 South 158th Street, is opposed to allowing ADUs in low-density, single-family neighborhoods. He stated additional density will bring more pollution, traffic, and less greenery. The impacts of ADUs are not yet understood by the community. In speaking with his neighbors, Mr. Kruize found his neighbors did not support ADUs once they understood the intent of the postcard. The neighborhood he lives in now provides a satisfying lifestyle that he paid for with his taxes. He stated Tukwila is a community of choice. If more housing is needed and higher population density must be Tukwila City Council Committee of the Whole Minutes June 25, 2018 Page 8 of 9 accommodated, ADUs are more suitable in high and mid -zoned areas. He would like to see this issue on the November ballot. Mr. Robertson appreciates the Kruizes' positions in regards to ADUs. He is comfortable with ADUs when they are carefully regulated. He pointed out that the marketplace has begun to change and the rental housing market is starting to adjust due to oversaturation. However, ADUs are still a reasonable affordable housing option for the City. Mr. Quinn suggested revisiting this issue once the City has received 10 applications for ADUs, to get a sense of how many ADUs there are. In addition, he suggested adding a section to provide for privacy of adjacent properties by using brush or fencing. The Council indicated they were comfortable with all the recommendations made by the Community Development and Neighborhoods Committee. As to the issue of leniency for maximum allowable size of ADUs under the amnesty program, the Council discussed setting a maximum size of 1,200 SF. Mr. Robertson noted he would like to see an affidavit of owner occupancy recorded in the deed. Ms. Gierloff clarified this provision already exists in the proposed ordinance. Ms. Gierloff confirmed the Council is requesting a report once the City has received 10 building applications for ADUs and that staff will bring an amendment to the ordinance regarding privacy design standards to the next regular meeting. COUNCIL CONSENSUS EXISTED TO MOVE THIS ITEM FORWARD WITH AMENDMENTS BASED ON THE DISCUSSION TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Ekberg attended the Ice Cream Bash event recognizing staff on June 19, 2018. On June 21, 2018, he met with the RAVE Foundation regarding a possible open space facility within the City for youth. He enjoyed attending the Southcenter District New Projects Dedication on June 22, 2018, celebrating the opening of the Southcenter Pedestrian Bridge, Marvelle at Southcenter and Hotel Interurban/Airmark Apartments. b. City Council Councilmember Robertson would like the Mayor to write a letter to the legislature about Washington State marijuana tax income. He would also like to encourage the City lobbyist to focus on this issue. Illegal marijuana grow operations is a problem and is often not prosecuted due to the high cost. An editorial in "The Seattle Times" suggests dedicating a certain percentage of a marijuana tax to police enforcement and prosecution of marijuana -related crimes. Council President Seal suggested having Rachel Bianchi, Communications/Government Relations Manager, follow up on this topic to see how other jurisdictions have proceeded on this issue. Councilmember McLeod noted he will be attending the Association of Washington Cities Annual Conference in Yakima later this week, and that marijuana is one of the scheduled conference discussions. This will be an opportunity to gauge what other cities are doing. Councilmember Quinn reported attending a meeting for the Washington State Criminal Justice Training Commission last week. The State is providing additional funding so more classes can be provided for new recruits. He also attended the Public Safety Plan Open House on June 23, 2018. It was well attended, and several community members engaged him about the Public Safety Plan. Councilmember McLeod shared the Transportation and Infrastructure Committee received an update earlier tonight on the status of the 2019 Budget Proviso for the Sea -Tac International Airport Impact Study. The Washington State Department of Commerce is asking for a match of $300,000. Tukwila is Tukwila City Council Committee of the Whole Minutes June 25, 2018 Page 9 of 9 being asked to contribute $14,000, based on population estimates. The Committee is still unclear as to how the study will benefit the City, but does acknowledge the value of partnering with the City of SeaTac. The committee is forwarding this issue to the full Council for further discussion. Council President Seal invited anyone interested in helping those detained in the detention center to contact her directly as she has a list of ways people can help. c. Staff There was no report. d. Council Analyst There was no report. ADJOURNMENT 9:27 p.m. COUNCIL PRESIDENT SEAL DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Verna Seal, Council Presi Andy Youn, Deputy City Clerk APPROVED BY THE COUNCIL PRESIDENT: 7/16/18 AVAILABLE ON THE CITY WEBSITE: 7/17/18