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HomeMy WebLinkAbout2013-03-11 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers March 11, 2013 — 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE EXECUTIVE SESSION Start: 6:00 p.m. Council President Hougardy announced the purpose of the Executive Session is to discuss Potential Property Acquisition — Pursuant to RCW 42.30.110(1)(c) and Potential Litigation — Pursuant to RCW 42.30.110(1)(i). It will last no more than 60 minutes, and no decisions will be made during the Executive Session. Attendees: Shelley Kerslake, City Attorney; David Cline, City Administrator; Derek Speck, Economic Development Administrator; Mike Villa, Police Chief; Chris Flores, Acting Fire Chief; Jack Pace, Community Development Director; Peggy McCarthy, Finance Director; Kimberly Matej, Government Relations; Tukwila City Councilmembers Joe Duffie, Dennis Robertson, Allan Ekberg, Verna Seal, Kathy Hougardy, De'Sean Quinn, Kate Kruller. 7:00 p.m. Kimberly Matej, Government Relations Manager, announced in the Tukwila City Hall Lobby that the Executive Session would be continued for no more than 10 minutes. Ms. Matej returned to the Council Chambers. End: 7:06 p.m. CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Hougardy called the Tukwila City Council meeting to order at 7:13 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Kathy Hougardy, Council President, Councilmembers Joe Duffie, Dennis Robertson, Allan Ekberg, Verna Seal, De'Sean Quinn, Kate Kruller. CITY OFFICIALS David Cline, City Administrator; Dennis McOmber, Police Commander; Bob Giberson, Public Works Director; Chris Flores, Acting Fire Chief; Jack Pace, Community Development Director; Rebecca Fox, Senior Planner; Peggy McCarthy, Finance Director; Derek Speck, Economic Development Administrator; Kimberly Matej, Government Relations; Melissa Hart, Deputy City Clerk. SPECIAL PRESENTATION a. State of the Municipal Court David Cline, City Administrator, stated the presentation that was scheduled for this evening will be rescheduled due to technical difficulties experienced while preparing the Council Chambers for televising Council meetings. Tukwila City Council Committee of the Whole Minutes March 11, 2013 Page 2 of 7 CITIZEN COMMENTS Christine Neuffer, 13813 37th Avenue South, stated she is representing the "Sustain Tukwila Pool" (STP) group. She said the STP group has offered a challenge to the City Council (acting as the Metropolitan Park District <MPD> Board) as it relates to participating in the Strike Out Against Hunger event at ACME Bowl in Tukwila. The event is on March 23, 2013 and benefits the Tukwila Pantry. PUBLIC HEARING a. An ordinance approving and authorizing the proposed 223 Andover Park East development. 7:19 p.m. Council President Hougardy opened the public hearing and called for a staff presentation. Derek Speck, Economic Development Administrator, explained the owner of the property at 223 Andover Park East (former Circuit City property) has requested permission to construct buildings that would exceed the current limits for building height and include residential units. The Council is being asked to review the proposed Development Agreement (DA). He clarified that the proposed development is one building (not two as written in the Informational Memorandum) for two proposed uses. 7:24 p.m. Councilmember Seal left the Council Chambers. Mr. Speck explained there was Council discussion at the February 25, 2013 Committee of the Whole meeting relating to the minimum (and maximum) number of residential units being included within the development agreement. He explained staff is currently working on this issue and any amended language will be included in the agenda materials for the March 18, 2013 meeting. Mr. Speck introduced Omar Lee, owner of the former Circuit City site. Omar Lee, 8448 North Mercer Way, Mercer Island, stated he is the owner of the subject property and the developer for the proposed mixed -use apartment/condominium project. His team is in the very early stages of preliminary design, and if the Council grants the height increase and residential use for the area, they will move forward with the feasibility study. Mr. Lee reviewed the preliminary design of the proposed development (pages 9 -20 of the agenda packet). He explained they will work with the architects to design a wonderful project for the area. Councilmember Ekberg asked Mr. Lee if there is a development similar to what is being proposed that has prospered. Mr. Lee explained these types of developments are successful with the types of amenities that are offered in Tukwila, such as shopping and transportation. He stated there are similar mixed -use developments in downtown Bellevue and different areas within Seattle. Council President Hougardy called for public comments. Robert Wiley, 4211 Holly Lane, Mercer Island, stated he is a managing partner of Fidelity Northwest Associates, and he owns the property immediately south of the proposed project site. He previously spoke in support of the proposed project. He stated the City recently adopted a Strategic Plan, and said Tukwila is the "city of opportunity, community of choice." He feels the proposed development would meet that vision, and would benefit the City and surrounding community. The Councilmembers thanked Mr. Wiley for his comments on the proposed development. 7:30 p.m. Councilmember Seal returned to the Council Chambers. Joan Hernandez, 15224 Sunwood Boulevard, inquired about the process that was followed relating to the proposed development agreement. She explained that in the past all proposed development Tukwila City Council Committee of the Whole Minutes March 11, 2013 Page 3 of 7 agreements took time and were reviewed by the Planning Commission and then forwarded to the City Council with the Planning Commission's recommendations. She voiced concern about the proposed development meeting the multi - family design standards, the appearance of the development being viewed as "spot zoning," how an 18 -story development would be in -line with the Southcenter Plan, and whether a feasibility study has been conducted that supports the proposed number of hotel rooms and condominiums. She commented that the development agreement interchanges the language between "apartments" and "condominiums," and she cautioned that construction of condominiums have more requirements than apartments. She feels this item should be considered as a preliminary development agreement. 7:39 p.m. Council President Hougardy closed the public hearing. b. A resolution adopting a work plan and public participation program for updating the Comprehensive Plan and development regulations. 7:39 p.m. Council President Hougardy opened the public hearing and called for a staff presentation. Rebecca Fox, Senior Planner, explained the City of Tukwila's Comprehensive Plan, which was adopted in 1995, establishes goals and policies that guide the community as it accommodates growth and change over time. In 2004, the City completed the last systematic review and update to the plan. The next update must be completed by June 30, 2015. The Comprehensive Plan has been amended periodically in conjunction with changing requirements, and in response to amendment applications from the public. The Washington State Growth Management Act (GMA) allows the City the opportunity to amend the Comprehensive Plan once a year, unless there is an emergency. Applications for amendments are due by December 31, and are reviewed during the following year, with the potential for two separate reviews by the City Council, and one by the Planning Commission. There are opportunities for public comment at each stage. Ms. Fox reviewed some of the proposed methods for public outreach (page 59 of the agenda packet). In addition to these regular amendments, the GMA requires counties and cities to periodically conduct a thorough review of their entire plan and development regulations to bring them up to date with any relevant changes in the GMA regulations and to respond to changes in land use and population growth. Although the basic structure of the GMA has remained intact over the years, the state legislature has amended it frequently. Council President Hougardy called for public comments. There were no public hearing comments. 7:46 p.m. Council President Hougardy closed the public hearing. SPECIAL ISSUES a. An ordinance approving and authorizing the proposed 223 Andover Park East development. Councilmember Ekberg indicated this item was discussed at the Community Affairs and Parks Committee meeting on January 28, 2013, and discussed at the February 25, 2013 Committee of the Whole meeting. The Community Affairs and Parks committee members were unanimous in recommending approval. Councilmember Robertson asked if the multi - family design standards would apply to the construction of the proposed residential units. Derek Speck, Economic Development Administrator, clarified the draft development agreement only addresses additional building height and residential use as requested; it does not provide exceptions to any other City codes. Jack Pace, Community Development Director, stated the proposed project would need to comply with the multi - family design standards. He clarified that when the multi - family design standards were developed, they were intended for mid -rise and /or suburban apartments. The standards have not been applied to Tukwila City Council Committee of the Whole Minutes March 11, 2013 Page 4 of 7 this type of project. The design of the project has not progressed to where staff can assess the design in conjunction with the multi - family design standards. Mr. Pace explained the proposed development is working from the bottom to the top. The development team needs to determine the soil type, footing structure and building height. He feels this type of development could achieve the City's vision for the Tukwila Urban Center. Councilmember Kruller asked where the development agreement identifies the minimum number of residential units. Mr. Speck explained staff is currently working with the developer to negotiate the minimum and maximum number of residential units for the proposed development. Councilmember Robertson commented that the multi - family design standards were not created for structures of this type and size. He asked what will happen if the proposed design does not meet the multi - family design standards. Mr. Pace explained staff would review the project and work with the developer on compliance if something did not comply. If an issue could not be resolved during the design review process, the Council would have three policy options: a code amendment relating to the design standards specific to this type of development, a new development agreement that addresses the issues, or stating the project does not meet the design standards and cannot move forward. He stated the proposed development is new to the City and until the design is ready for review, it remains to be seen whether there is an issue. Councilmember Quinn commented that the proposal is very early in the process, and there will be more review steps for the proposed development. Councilmember Kruller explained a comment was made during the public hearing about the process taken for the proposed development agreement, and asked if the development agreement has followed the City's established process for review. Mr. Speck stated the Council adopted code changes in 2012 relating to Development Agreement standards (Tukwila Municipal Code Chapter 18.86) that states the City Council reviews and approves development agreements. Staff has followed the Council's process as outlined in the City's code. Councilmember Ekberg stated the issue before the Council is whether the Council agrees with the request for increased building height and residential use, and he voiced his support for the request. Council President Hougardy stated she would prefer language within the development agreement that identifies the minimum /maximum number of residential units, and additional language stating the construction of the residential units will be according to condominium specifications. She commented that during a previous presentation of the proposed development, the hoteliers voiced their support for the added hotel rooms within the area. She voiced her support for the proposed development. Mr. Speck explained staff would provide a new informational memorandum for the March 18, 2013 agenda packet that would highlight the language changes to the proposed development agreement. Councilmember Quinn concurred with moving forward with approval of the requested height increase and residential use. Council President Hougardy asked if the language changes she has requested will be incorporated in the development agreement for the March 18, 2013 meeting or if they could be addressed in the future. Mr. Speck clarified that if the development agreement is approved as is, the developer would have three years to move forward with the project as identified within the agreement. Any requirement for a minimum and maximum number of residential units would need to be incorporated into the agreement prior to Council adoption. He stated a recommended number of units will be included in materials for the Regular meeting agenda. Tukwila City Council Committee of the Whole Minutes March 11, 2013 Page 5 of 7 Councilmember Ekberg commented that he thought this was the first of many development agreements for the proposed project. He asked how the physical design standards would need to change in order for the apartments to be converted to condominiums in the future. Mr. Speck clarified there could be additional agreements depending on whether the proposed project conflicts with any other City standards. Mr. Pace stated there would be no changes to the outside of the building. Condominium standards that would be different would be the interior construction such as water meters, sound abatement and wall construction. Councilmember Ekberg commented the agreement identifies multi - family type apartments, not specifically condominiums. He asked if the development agreement is recorded against the property or the development. Mr. Speck stated the development agreement is recorded against the property. Council President Hougardy asked Mr. Lee, as the developer, if they intend to market the residential units as condominiums. Mr. Lee stated they intend to build the residential units to comply with condominium standards. Due to the market conditions, financial lenders are not interested in financing these types of projects. When the market improves they would like to see some of the units purchased as condominiums. They would like to acquire the financing and utilize the multi - family exemption. This approach will allow them to spend the money up -front on the condominium requirements such as individual meters, increased insulation and specific windows. When the time comes to convert the apartments to condominium units, they would upgrade items such as cabinets, counters and flooring. The other items, behind the walls, would have been completed in the original build. Mr. Lee said he is not opposed to including the language the Council has requested relating to the minimum and maximum number of residential units. They want to have a development everyone will be proud of. Councilmember Robertson asked if there are differences in parking requirements between apartments and condominiums. Mr. Pace stated there was no difference. Council President Hougardy stated the Council would like to see changes to the proposed development agreement language that includes a reference to the minimum and maximum number of residential units to be constructed and some language about constructing those units to condominium standards. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. A resolution adopting a work plan and public participation program for updating the Comprehensive Plan and development regulations. Councilmember Ekberg indicated this item was discussed at the Community Affairs and Parks Committee meeting on February 25, 2013. The committee members were unanimous in recommending approval. The Washington Growth Management Act requires the City to review and, if necessary, update its Comprehensive Plan and development regulations by June 30, 2015. The Council is being asked to approve the process, including work plan and public participation program. The Council exchanged comments and asked clarifiying questions of staff on the above topic. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Tukwila City Council Committee of the Whole Minutes March 11, 2013 Page 6 of 7 c. An Interlocal Agreement for Valley Special Weapons and Tactics (SWAT) for services to non- participating agencies. Councilmember Robertson indicated this item was discussed at the Finance and Safety Committee meeting on March 5, 2013. The committee members were unanimous in recommending approval. Dennis McOmber, Police Commander, explained Valley SWAT agencies sometimes service requests by non - Valley SWAT agencies under the Mutual Aid Act. There are no agreements with those agencies regarding responsibilities and liabilities. Chiefs of the Valley SWAT agencies would like to have an Interlocal Agreement for services of Valley SWAT to non - participating agencies as a proposed template so that when the non - participating agency is identified, that name can be inserted and that agency would go through its approval process. The Council is being asked to approve the Interlocal Agreement. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Tukwila Urban Center Transit Center: Councilmember Kruller indicated these items were discussed at the Transportation Committee meeting on February 26, 2013. The committee members were unanimous in recommending approval. Bob Giberson, Public Works Director, explained the two agreements are mutually beneficial to the City and King County. 1. An Interlocal Agreement (ILA) with King County for the design, construction, and maintenance of the Tukwila Transit Center. The agreement defines the roles between King County and the City of Tukwila. The City is responsible for the design and construction of the project, while King County and the City will share ongoing maintenance and operations. 2. An Interlocal Agreement (ILA) with King County regarding the RapidRide Intelligent Transportation System. This agreement defines the roles and responsibilities between Tukwila and King County Metro as they relate to conduit and fiber optic cables being used by the RapidRide's F Line Intelligent Transportation System (ITS) improvements. This includes King County Metro's use of existing City -owned conduit, coordination between county -owned and installed ITS controller cabinets and City -owned and controlled traffic signal controllers, and new fiber optic cable being installed by King County Metro for City use. COUNCIL CONSENSUS EXISTED TO FORWARD THESE ITEMS TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Haggerton was not present. b. City Council Councilmember Quinn attended the pool opening on March 2, 2013. Councilmember Kruller stated she recently had a conversation with Puget Sound Energy and said she is open to conversations with area businesses and community members. On March 1, 2013 she participated in a Tukwila Pool tour, and she toured the Briscoe / Desimone levee on March 11, 2013. Council President Hougardy hosted the Council Coffee Chat on March 9, 2013. She commented several residents from the Chalet South, Holly Crest and Laurel Estates condominiums and Sunnydale apartments were present. The residents voiced their concerns relating to the residents of the Grande Tukwila City Council Committee of the Whole Minutes March 11, 2013 Page 7 of 7 Terrace apartments and the February 10, 2013 shooting. She stated she received a written communication from the group and she will distribute a copy c. Staff David Cline, City Administrator, commented that work is progressing in the Council Chambers as it relates to televising Council meetings. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental Kimberly Matej, Government Relations, announced the Mayor attended the Suburban Cities PIC meeting on February 27, 2013, and he will update the Council regarding pertinent issues from that meeting at the next Regular Council meeting. MISCELLANEOUS Councilmember Quinn stated that Richard McIver, former Seattle City Councilmember, passed away on March 10, 2013. Councilmember Duffie announced that Keith Haines, former Tukwila Police Chief, recently passed away. ADJOURNMENT 9:11 p.m. COUNCIL PRESIDENT HOUGARDY DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Melissa Hart, Deputy City Clerk APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 03/28/2013 AVAILABLE ON THE CITY'S WEBSITE 03/28/2013