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HomeMy WebLinkAbout2012-09-24 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers September 24, 2012 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 7:04 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Verna Seal, Council President, Councilmembers Joe Duffie, Dennis Robertson, Allan Ekberg, Kathy Hougardy, De'Sean Quinn, Kate Kruller. CITY OFFICIALS David Cline, City Administrator; Mike Villa, Police Chief; Bob Giberson, Public Works Director; Jack Pace, Community Development Director; Lynn Miranda, Senior Planner; Peggy McCarthy, Finance Director; Derek Speck, Economic Development Administrator; Mary Miotke, Information Technology Director; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS There were no citizen comments. PUBLIC HEARING An Interlocal Agreement for the Orillia Road Annexation. Lynn Miranda, Senior Planner, explained Tukwila designated a large area south of the City as a potential annexation area (PAA) in the City's Comprehensive Plan in 1995. Once the area known as "Tukwila South" was.annexed, there remained a small island of unincorporated area immediately to the west. In 2004, the City Council passed Resolution No. 1561 declaring its intent to begin the annexation process for the 'Residential Island' Orillia Road area) property after the annexation of the Tukwila South property. In 2009, a Memorandum of Agreement between Tukwila and King County stated that Tukwila would initiate the annexation of the Orillia area using the Interlocal Agreement (ILA) method (as allowed under RCW 35A.14.460) within three weeks after annexing Tukwila South. In 2009, the Tukwila City Council passed Resolution No. 1694 directing staff to commence ILA negotiations with King County. Ms. Miranda utilized a PowerPoint presentation to review the current land uses, potential land issues, utilities, emergency services, and potential revenue associated with the proposed annexation area. She reviewed the next steps associated with the annexation through the Interlocal Agreement method. 7:15 p.m. Council President Seal opened the Public Hearing. Melissa Hart, Deputy City Clerk, acknowledged receipt of 1 written comment received in the City Clerk's Office relating to the proposed Orillia Road Annexation. The following written comment was distributed to the City Council and referenced into the record: 1. A letter from Doug Johnson dated September 23, 2012, relating to the proposed Orillia Road Annexation. Council President Seal called for public comments. Tukwila City Council Committee of the Whole Minutes September 24, 2012 Page 2 of 6 Rich Buck, 19607 Orillia Road South, indicated he owns two parcels in the Orillia Road annexation area. He feels his parcels of land should be zoned the same as the Tukwila Valley South (TVS) designation, rather than the proposed Low Density Residential (LDR) zoning. In his opinion, King County has not accurately zoned his property. He stated rezoning his parcels to the TVS zoning would allow his existing business to legally operate. Mr. Buck read excerpts from the Tukwila Comprehensive Land Use Plan that he feels strengthens his case for the TVS zoning designation of these two land parcels within the proposed annexation area. 7:22 p.m. Council President Seal closed the Public Hearing. SPECIAL ISSUES a. An Interlocal Agreement for the Orillia Road Annexation. Councilmember Hougardy indicated this item was discussed at the Community Affairs and Parks Committee meeting on September 10, 2012. The committee members were unanimous in recommending approval. The Council is being asked to consider approving the draft Interlocal Agreement between King County and the City for the annexation of the Orillia Road area as identified in Tukwila's Potential Annexation Area (PAA) and on the proposed Low Density Residential zoning. Councilmember Robertson asked when the City will be completing a Comprehensive Plan update. Ms. Miranda stated the City is required to have a Comprehensive Plan update completed by the end of 2015. Ms. Miranda clarified that Council approval of the Interlocal Agreement (ILA) with King County for the annexation of the Orillia Road area is the first step in a multi -step process. Upon approval by the City, the signed ILA will be forwarded to King County, and the King County Council will follow the same process, including a public hearing on the proposed ILA. The zoning designation for the proposed annexation area will be addressed in the ordinance authorizing the annexation, which will be brought to the Council in the future. The Council exchanged comments and asked clarifying questions of staff on the above topic. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. Tukwila Village proposed Disposition and Development Agreement. Derek Speck, Economic Development Administrator, explained City Administration and Tukwila Village Development Associates (TVDA), LLC have agreed on deal terms for TVDA to develop Tukwila Village. Final edits have been made to the proposed Disposition and Development Agreement (DDA) and are included in the agenda packet for review and consideration by the Council. The Council began their review of the proposed DDA, and during the discussion Councilmember Robertson asked questions and /or requested clarification related to the following: Page 42, Item F "Developer shall be allowed to transfer ownership of Development Parcels to Affiliates of Developer for purposes of facilitating the financing and Development of the Improvements for each of the Development Parcels." Mr. Speck explained this will allow the Developer to seek investors in certain phases of the project, thus creating new entities. The language requires any potential affiliates to have the same key ownership structure and individuals, and restricts the developer from selling parts of the development area to an outside agency. This approach also provides greater flexibility to the Developer in obtaining several different types of financing for the different phases of the project. Tukwila City Council Committee of the Whole Minutes September 24, 2012 Page 3 of 6 Page 43 At least seventy -five percent of the housing units are to be age- restricted (senior housing) as defined under the applicable federal fair housing laws, and per Item 4 and 5, Income Limits on Age- and Non -Age restricted housing. Clarification is needed on how the City will know if the Developer is in compliance with this specific section of the DDA. Mr. Speck stated the federal government is responsible for auditing for compliance with the age and income restrictions on this type of housing. Councilmember Ekberg asked if the proposed age /income restrictions identified on page 43 of the agenda packet are the industry standard or if the proposed limits are unique to the City of Tukwila. Mr. Speck stated the age and income restrictions for the senior housing units are the typical restrictions established by the Senior Housing Assistance Group (SHAG). The restrictions for the 20% of units for households with a median gross income of 50% or less, will allow the developer to qualify for tax exempt bond financing for those specific buildings. The rent restrictions allow the developer to qualify for federal tax credits. Councilmember Robertson asked for clarification on the following sections of the DDA: Page 43, Item 6 "Other Uses" the parties' intend the Development to be allowed to include any uses that are allowed under the City's zoning code." He asked about the project area's current zoning and what other uses are allowed in the zoning. Mr. Speck conveyed the project area is currently zoned as Neighborhood Commercial Center (NCC) Zoning. The NCC zoning is intended to have a mix of uses, such as residential, office, retail, and small industrial uses. The clause allows the City to have an opportunity to establish certain restrictions on uses through the agreement. If the Council would like to have restrictions of use for the development, the restrictions should be identified now so they could be discussed with all parties involved. Page 55, Item C "Proposed Site Plan Conformance" Prior to submittal of the Proposed Site Plan for design review, Developer shall submit the Proposed Site Plan to the City for the Mayor's review and approval of conformance with the Preliminary Site Plan." Councilmember Robertson commented that the above statement is the first time the Mayor is listed as the approving authority. He inquired as to the reasoning behind this approval process. Mr. Speck explained the clause as written is different than a normal agreement, because this is a unique project. The City owns the property where the development will take place, and the City has a desire to have some balance of control over how the property is developed. This clause was structured with the idea that the Council wants to guide the development in the right direction, rather than slowing the process by requiring Council approval of all aspects of design. The approval of any site plan by the Mayor or his designee allows City Administration to review the site plan and make sure the proposed development captures the Council's vision for the Tukwila Village Development. Councilmember Ekberg asked if the proposed DDA has been reviewed by the City's legal staff. Mr. Speck answered in the affirmative. Councilmember Hougardy requested staff explain the Board of Architectural Review (BAR) approval process. Mr. Speck explained the DDA contains specific requirements for the development, such as the number of senior housing units, the new library, plaza and commons area. The developer has taken the requirements identified by the Council and created a preliminary site plan, which is attached to the DDA. The Council is taking the first step in the approval process by approving the DDA and the preliminary site plan. After the developer moves forward with the project design, they will submit the project for design review. At that time, the Mayor (or his designee) will review the proposed site plan, and if there are substantial changes from the preliminary site plan, those changes would then be brought before the Tukwila City Council Committee of the Whole Minutes September 24, 2012 Page 4 of 6 Council for review. Once the Mayor approves the site plan, the project will then move forward through the City's standard Board of Architectural Review process. Councilmember Quinn asked if the proposed site plan submitted by the Developer would be made available to the public and whether the Council would have the opportunity to review the site plan. Mr. Speck answered in the affirmative. Councilmember Robertson referenced page 58, which states, the maximum building heights for Buildings A and B will be 70 feet. He asked whether 70 feet is the normal zoning height or if that is the increased height the Developer requested. Mr. Speck clarified the 70 -feet is the increased height as requested by the Developer, and 65 feet is the normal zoning height. The Developer has requested the 70 -foot building height to allow 5 floors of residential units over 1 floor of commercial and /or retail space. Councilmember Robertson asked staff to provide photographic examples of a 70 -foot tall residential building with the agenda materials for the Council to view at the October meeting. Mr. Speck asked the Council to contact him with any questions or proposed revisions they may have, and he will work with the Developer to address their concerns. Councilmember Ekberg directed the Council to page 86 of the agenda packet, specifically the policy decision associated with South 144 Street (item D). The Council approval of the DDA and the reference to South 144 Street requires the Council to review the design aspects, construction and potential funding aspects for the South 144 Street improvements. He wanted to make sure the Council reviewed this particular section of the proposed agreement. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE OCTOBER 22, 2012 COMMITTEE OF THE WHOLE MEETING. c. A proposal for televising Council meetings. Councilmember Quinn indicated this item was discussed at the Finance and Safety Committee meeting on September 18, 2012. The committee members were unanimous in recommending approval. Council is being asked to approve the contract with Puget Sound Access for televising Council meetings. There are initial one -time installation costs of $59,270, which include the video capture system hardware and Council lighting and audio upgrades. The annual cost of operations is estimated at $24,727, which has been included in the proposed 2013 -2014 Information Technology Department biennial budget. Councilmember Kruller announced she is an At -Large Representative on the Board of Directors for Puget Sound Access, where her role is to advocate for the City of Tukwila. After speaking with the City Attorney, she is not required to recuse herself from this discussion because it would not be a conflict of interest. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. A financial reserve policy. Councilmember Quinn indicated these items were discussed at the Finance and Safety Committee meetings on May 22, July 17, and September 5, 2012. The committee members forwarded this item to the Committee of the Whole meeting for discussion. (1) A resolution adopting a financial reserve policy. Tukwila City Council Committee of the Whole Minutes September 24, 2012 Page 5 of 6 The Council adopted the Reserve Policy by reference through Ordinance No. 2266 in 2009 (as codified at Tukwila Municipal Code (TMC) Section 3.34.010). Per the TMC, changes to the reserve policy require approval by the Finance and Safety Committee. A draft Reserve Policy was presented to the Finance and Safety Committee for consideration on May 22, 2012. At the time, the Committee made recommendations for incorporation, and an updated draft policy was presented and discussed at the July 17, 2012 Finance and Safety Committee meeting. Committee members determined that the Reserve Policy should be reviewed and approved by the full Council rather than leaving policy approval to the Committee as outlined in TMC Section 3.34.010. The draft resolution on page 139 of the agenda packet has been created to reflect Council direction on the Reserve Policy. (2) An ordinance repealing Ordinance No. 2266 relating to the City's cash reserve policy. The TMC currently requires the Finance and Safety Committee to provide approval of staff proposed Reserve Policy changes. This amendment process in in conflict with the usual practice of the City Council to set fiscal policies as the entire Council, rather than individual three member Council Committees. To reflect Council direction relating to the adoption of the revised Reserve Policy, per the above resolution, Ordinance No. 2266 must be repealed. COUNCIL CONSENSUS EXISTED TO FORWARD THESE ITEMS TO THE NEXT REGULAR MEETING. e. Crime reduction initiatives. Councilmember Quinn indicated these items were discussed at the Finance and Safety Committee meeting on September 18, 2012. The committee members were unanimous in forwarding this item to the Committee of the Whole meeting for discussion. Mike Villa, Police Chief, explained the Police Department staff met for a day -long workshop on July 12, 2012 to identify and recommend strategies to reduce crime in Tukwila. BERK Consulting facilitated the workshop. Command staff, supervisors, and line personnel participated on the team. The team identified three strategies and determined the required resources for full implementation. The cost, including all the desired resources, was approximately $5 million annually. Recognizing that resources are limited, options were reviewed to reduce the costs. The group brought each strategy to its minimum resource requirements and then prioritized the strategies based upon the greatest impact on crime. Chief Villa distributed a copy of the Crime Reduction Initiative Proposal to the Council. The Councilmembers exchanged comments and asked questions regarding this topic and thanked Chief Villa for the presentation. REPORTS a. Mayor Mayor Haggerton was not present. b. City Council Councilmember Duffie asked staff to follow up on the status of a plaque at Joseph Foster Memorial Park. Councilmember Hougardy attended the Ethics Hearing on September 18, 2012 and the Council budget work session on September 19, 2012. On September 20, 2012 she attended the Wellness Fair and Employee Recognition event, and the Community Heritage and Culture Celebration event at Foster High School on September 22, 2012. Councilmember Quinn attended the September 22, 2012 Community Heritage and Culture Celebration event at Foster High School. He urged the Council to support and promote this event next year. Tukwila City Council Committee of the Whole Minutes September 24, 2012 Page 6 of 6 Councilmember Kruller attended the September 19, 2012 Council budget work session and the Strategic Planning Community Forum on September 20, 2012. Council President Seal participated in the budget work session on September 19, 2012. On September 20, 2012 she facilitated the Strategic Planning Community Forum event. On September 22, 2012 she attended the Community Heritage and Culture Celebration event at Foster High School. She congratulated Joyce Trantina, Project Analyst in the Mayor's Office, for her work on the Strategic Plan. c. Staff David Cline, City Administrator, thanked the Council for the positive feedback on the Strategic Plan process. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental The Council Analyst was not present. MISCELLANEOUS Councilmember Duffie asked staff to provide the Council weekly reminders of upcoming events. Council President Seal reminded the Council of the employee compensation workshop on Thursday, September 27, 2012, from 6:00 p.m. to 8:00 p.m. at the Tukwila Community Center, Art Room A. Councilmember Hougardy explained that on September 22, 2012, while she was walking to the Community Heritage and Culture Celebration event at Foster High School, two separate individuals approached her to voice their concerns about different code enforcement issues. She stated this type of communication shows the community is concerned with code enforcement and public safety. Councilmember Ekberg announced that he will be late to the employee compensation workshop on Thursday, September 27, 2012. ADJOURNMENT 9:20 p.m. COUNCIL PRESIDENT SEAL DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Verna Seal, Council President 4-kmd- Melissa Hart, Deputy City Clerk APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 10/08/2012 AVAILABLE ON THE CITY'S WEBSITE 10/09/2012