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HomeMy WebLinkAbout2004-02-23 Committee of the Whole MinutesCOMMITTEE OF THE WHOLE MEETING MINUTES CALL TO ORDER /PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7:01 p.m. and leading the Pledge of Allegiance was Jim Haggerton, Council President. COUNCIL ATTENDANCE: Present were Jim Haggerton, Council President; and Joe Duffle, Joan Hernandez, Pam Carter, Pamela Linder, Dennis Robertson and Dave Fenton, Councilmembers. OFFICIALS: Steve Mullet, Mayor; Rhonda Berry, Acting City Administrator; Lucy Lauterbach, Legislative Analyst; Jane Cantu, City Clerk; Viki Jessop, Personnel Director; Jim Morrow, Public Works Director; Cyndy Knighton, Senior Engineer; Steve Lancaster, Director of Community Development; Jack Pace, Deputy Director of Community Development; and Rebecca Fox, Senior Planner. CITIZEN COMMENT /CORRESPONDENCE: TUKWILA CITY COUNCIL Council Chambers City Hall February 23, 2004 7:00 p.m. Jessica Phipps, 13838 37 Avenue South, Tukwila. thanked Council for approving drainage solutions and sidewalk installation plans in the Crestview area. Ms. Phipps explained problems with related issues since purchasing her home 10 years ago. With the planned upgrades, Ms. Phipps looks forward to increased beauty in the area, increased property values, and increased security as well. Bob Champion, 3802 Colby Avenue, Everett,, (an architect) and Dr. Steven Nauven. Tukwila, (a dentist and possessor of a Ph. D. in structural mechanics), 15668 West Valley Hiohwav, referring to handouts distributed, showed Council the outside of Dr. Nguyen's dental practice building as it currently exists. The low- income dental practitioner is interested in adding another story to his building. Mr. Champion noted the expansion would assist Dr. Nguyen for obvious reasons and would improve the appearance of the "rather uninteresting building." Current zoning regulations require a 15 -foot setback from Longacres Way and from the West Valley Highway (on the other side). The present building, according to Mr. Champion, "is only about five feet on the property line." The Planning Department noted the second story would have to be setback 15 feet from the property line. The 15 -foot setback is to create sufficient sidewalks and boulevards within the City. While that may be the "right thing to do," there is an existing building with $1.5 million already vested into it. The idea of tearing it down is not a possibility. Mr. Champion and Dr. Nguyen do not mind setting it back from West Valley Highway; yet call it "impossible" on the Longacres side. Presenting drawings of the proposed remodel, Mr. Champion noted the appropriateness of the setback for new buildings, yet also spoke in favor of relaxing the south setback requirements for the currently existing dental office. Proposed use of the second story is a laboratory to process prostheses in- house, at an economical price to low- income individuals. Calling the setback a tremendous hardship on Dr. Nguyen, Mr. Champion said it would do nothing to help the boulevard effect except to expose a clumsy City of Tukwila Page 2 of 9 City Council Committee of Whole February 23, 2004 (unaesthetically pleasing) looking building requiring columns to be placed within the existing building, thus creating a financial hardship as all operations would be ceased for a period of time. Councilmember Carter asked if this type of project must go through design review. Steve Lancaster, Director of Community Development, answered in the affirmative. Councilmember Hernandez spoke of being inside the Dr's. clinic and had complimentary things to say about it. She asked what process would be required to appeal current TMC regulations and language. Steve Lancaster. Director of Community Develooment, noted a relaxation of this particular standard is considered a variance under the Tukwila Municipal Code, a process which goes to the Hearing Examiner. Additionally, he noted City staff has met with Mr. Champion and Dr. Nguyen on more than one occasion and noted it would be an improvement to the area if the proposal were allowed. It may be the type of thing that comes out of the City's Urban Center planning which may warrant different setbacks (for that area). Of course, that is not something which will help Dr. Nguyen in the short term, thus the potential option of a variance. Mr. Lancaster noted it would be difficult to demonstrate compliance with the State mandated standards for a variance, for a project such as this. In order for the City Council to assist in any fashion, an amendment to the Tukwila Municipal Code is required. That would apply to this situation and other similar situations throughout the City. Moreover, the City maintains the setbacks for non conforming structure regulations or limitations for a variety of reasons. One of those reasons is to create open spaces and boulevard area. While that does not directly apply in this situation, our standards are set up in order to (over time) have all buildings and structures meet them. Councilmember Duffie spoke against amending the TMC at this point. Noting Dr. Nguyen needs space as soon as possible, Mr. Champion categorized this situation as time sensitive. Further he stated setting the building back 15 feet on the second floor does not help in any way. Rather, he stated, it creates more of a hindrance to Tukwila and would create an ugly building. Stating sympathy to the situation, the Council spoke of their desire to assist Dr. Nguyen, yet relayed their hands are tied in terms of the TMC. Katrina Dohn, 14442 46 Avenue South, Tukwila Children's Foundation Vice President and Tukwila School District employee, invited Council, City staff and community members to a March 17, 2004 presentation by Mawi Asgedom. Mr. Asgedom is an Ethiopian immigrant, refugee -camp survivor, author, and Harvard graduate. Appearing at Showalter Middle School at 7:00 p.m., Mr. Asgedom will teach kids how to set /achieve goals, improve communications and set the tone for the remainder of their school year. Funding for this opportunity is provided by the Tukwila Children's Foundation and the City of Tukwila's Equity and Diversity Committee. Eric Benfeldt. 13301 56 Avenue, Tukwila, presented written information regarding a denied business license with the City of Tukwila, for "Club -Dog Daycare." This led to Mr. Benfeldt's presence. The City ruled the residential neighborhood in which Mr. Benfeldt lives, is not zoned for such a home occupation. Said decision was upheld when appealed to the City's Hearing Examiner, Fred Kaufman. Sharing the proposed mission, vision, values and goals of "Club -Dog Daycare Mr. Benfeldt spoke in favor of the Council reviewing and possibly amending the Tukwila Municipal Code to allow for such a business. City of Tukwila Page 3 of 9 City Council Committee of Whole February 23, 2004 After considerable discussion and a desire to move on with a lengthy agenda, Council agreed to forward the item to the next Community Affairs and Parks Committee for consideration. Joanne McManus. 5610 South 133 Street. Tukwila, presented signatures of 21 individuals who do not want Mr. Benfeldt to open his proposed doggy daycare business. Speaking against increased traffic, loud barking, not having sidewalks, numerous children in the area and the potential odor for urine and /or feces, Ms. McManus asked the Council not to consider Mr. Benfeldt's request. Council agreed it as only fair and right to listen to Mr. Benfeldt's request at the March 9 Community Affairs and Parks Committee if a quorum would be present. In fairness to all parties, Council would like to hear both sides of the issue(s). SPECIAL ISSUES: a. An ordinance providina a waiver to the residency requirement for the position of City Administrator Viki Jessop, Administrative Services Director, reported two recruitment processes in 2003 to find a City Administrator. Based on feedback from both processes, one issue was raised both times that of the residency requirement contained in the current ordinance. In proposing an ordinance amendment, and allowing some flexibility within the proposed ordinance, staff has maintained the language about being a resident of the City, and has also provided an opportunity for the Mayor and Council to waive that requirement if they feel it appropriate to do so. Councilmember Fenton noted review and approval of this proposed ordinance at the February 17, 2004 Finance and Safety Committee. Discussion between Councilmembers centered on the proposed amendment and whether or not the requirement would be waived at any time (this or future) Council(s) feel it suitable, or whether the current Council is more interested in waiving the requirement for candidates that are already residing in the general, Puget Sound area. Consensus on this issue existed to maintain the language as proposed with regard this issue. Councilmember Carter suggested amending the second WHEREAS clause to read, "WHEREAS the Council recognizes that there may be instances when it appears to be in the best interests of the City to waive the residency requirement." Council agreed the desires of Ms. Carter are met in what is currently proposed. Next, Councilmember Carter suggested, and Councilmembers agreed, to amend Section 2, item 2.26.040, (line one of the section) by striking the word "budget" and inserting the word "salary". She spoke of including language which is similar in past resolutions /ordinances relative to the Public Works Director and the City Clerk regarding salary ranges. It's those resolutions /ordinances which control the salaries; not the budget. Consensus existed to forward the item to the March 1, 2004 City Council Regular meeting. Anna Bernhard. 14241 59 Avenue South, Tukwila. stated her belief that the City Administrator should live in the City of Tukwila, "except if they already are established within commuting distance." This, she stated, will help them know our City and what is happening in the community they represent. b. A 2004 contract with the Southwest Kina County Chamber of Commerce City of Tukwila Page 4 of 9 City Council Committee of Whole February 23, 2004 Councilmember Fenton reported review of this item at the February 17, 2004 Finance and Safety Committee meeting. There, suggestions were made for amendments to the Scope of Services. Recommended changes from the Committee meeting appear in the materials presented for this meeting. Mr. Robertson stated the Scope of Service, item B, would be clearer if a period were placed in line two of the section, after the word information. He also suggested deletion of the words "and other issues to be dealt with by the Government Affairs Committee." Consensus existed to modify Section B. Further, Councilmembers Fenton and Hernandez noted this as the first time they'd seen the changes post Committee work. Such changes were made by staff after discussions between Alan Doerschel, Nancy Damon and Lucy Lauterbach. For the record, Councilmember Fenton reported, "As Chairman of the Committee, some things were put in here that were not discussed at Committee, and that bothers me." Finally, Councilmember Carter spoke in favor of Chamber staff reviewing Section B one last time as she wonders if there is another general word which could be inserted (instead of demographic information) so that the Chamber is not responding "only to requests for demographic information." Quick discussion was held on the issue and consensus was reached to remove the word `demographic" from the sentence. The sentence will now read "The Chamber will serve as an information center, responding to inquiries received locally and from around the world with regard to information. All inquiries Consensus existed to forward the item to the March 1 City Council Regular meeting. c. Tukwila City Council Travel Policy Council President Haggerton reported a request from Councilmember Fenton to pull this item and remand it to the Finance and Safety Committee for further deliberations. Consensus agreed to remand the item to the Finance and Safety Committee. d. Proposed amendments to the Airport Communities Coalition Interlocal Aoreement Councilmember Hernandez noted review of this item at this evening's Transportation Committee meeting. Highlighting portions of the proposed changes to the interlocal agreement, Ms. Hernandez cited: -An increase to the size of the ACC Executive Committee, by adding a City Manager or City Administrator (as a non voting member); Each city will continue to have just one vote, yet if no elected official is present, the City Manager or Chief Administrative Officer is designated to vote; Full consultation will be required to City Councils and affected Boards on the annual budget and work program; thus, a potential need for an increased number of City Council executive sessions; New language has been added to create an "Administrative Committee" made up of City Managers /Administrators (or their designees). This committee serves in a support role to the Executive Committee and is tasked with developing a proposed annual budget and coordinating the annual ACC retreat. ACC will be required to develop a mitigation proposal to meet the varied needs of the parties; One inclusion not mentioned includes added language to encourage meeting with Port of Seattle personnel "to seek to minimize the impacts upon the ACC communities presently and in the future." City of Tukwila Page 5 of 9 City Council Committee of Whole February 23, 2004 The interlocal agreement seeks to maintain the basic structure and goals of the existing ACC interlocal, and to make positive organizational changes to meet the different, future needs of the ACC. It fosters and requires increased communication and cooperation between the parties as well. Discussion of the proposed interlocal agreement occurred. Council President Haggerton gave credit to Steve Lancaster, Director of Community Development, and the City's "Technical Representative" for this issue. The Technical Committee developed the (proposed) revised interlocal agreement and a detailed work plan of the ACC. Discussions then centered on the proposed contract, related exhibits, and member entities working together toward a common goal. Councilmember Fenton reported inability to agree with the proposed interlocal agreement "in any way, shape or form." Reviewing various portions of the proposed agreement, he stated why he could not support it. He spoke against spending any more money on the issue (already $5 million, plus). Consensus existed to forward the item to the March 1 City Council Regular meeting. e. Annual amendments process briefing includina annual amendments and Growth Management Act technical update, includina work plan /public participation process and resolution Councilmember Linder reported review of this item at the February 10, 2004 Community Affairs and Parks Committee. She reported this to be the first of many meetings where proposed amendments will be considered. Staff seeks a resolution which adopts a public involvement program and work plan for the 2004 Comprehensive Plan update process, including the GMA Technical Update and related annual amendments. Steve Lancaster, Director of Community Development, reported a requirement for many cities (including Tukwila) to have their comprehensive plans updated, to be in full compliance with the Growth Management Act (GMA) by the end of 2004. In addition to the GMA technical updates, staff and Council will also consider the (three) proposed annual amendments sought by private parties. Using a copy of the 2004 Comprehensive Plan Update schedule, Mr. Lancaster reviewed those elements needing some level of attention within the GMA. For the most part, the attention is relatively minor. The item which will most likely take the most time of staff, the Planning Commission and the Council is update of the natural environment element of the plan, more specifically, the sensitive areas ordinance. Although not all details will be finalized with respect the Tukwila Urban Center by December, 2004, Council will review issues to ensure resolution of basic policy issues, allowing them to adopt the Tukwila Urban Center plan at any time thereafter. Mr. Lancaster noted an upcoming (March 15) Public Hearing on a resolution relative to the work plan and public participation (GMA Tech. Update) and a Public Meeting on the annual amendment applications. At the March 15 meeting, staff hopes Council will approve the proposed resolution (accepting the work plan) and make a threshold decision with respect to the annual amendments. Reviewing a fairly aggressive work schedule for the remainder of the year, Mr. Lancaster noted many Planning Commission briefings, public meetings, open houses, public hearings, Committee of Whole meetings, Council deliberations, final public hearings and finally, adoption of the proposed ordinances encapsulating all that will be decided during the year. Consensus existed to forward the item to the March 1 City Council Regular meeting. City of Tukwila Page 6 of 9 City Council Committee of Whole February 23, 2004 f. An amendment to AG 03 -069 with ECONorthwest for a more detailed scone of work on the TUC/TOD Councilmember Linder reported review of this item at the February 10, 2004 Community Affairs and Parks Committee meeting. The contract amendment responds to the evolving TUC planning process by providing more detailed work for two tasks from the original scope of work. Those are 1) market analysis, absorption /population and employment forecasts, and 2) fiscal analysis analyzing and describing potential City financial resources and benefits from recommended expenditures. Reiterating that which was said in committee, Ms. Linder noted this study will have large implications and reported it needs to be compared to the Westfield Mall /Klickitat expansion, Tukwila Village and the Segale developments all of which will be vying for City funds. Mr. Lancaster fielded questions from Council and considerable discussion took place among Councilmembers regarding economic analysis and needs with respect to the contract and its scope. Consensus existed to forward this item to the consent agenda of the March 1 City Council Regular meeting. g. A contract with Charles River Associates for technical review, analysis and advice reaardina parking demands and transportation impacts relative to the proposed Link Licht Rail System Councilmember Linder reported review of this item at the February 10, 2004 Community Affairs and Parks Committee meeting. She noted Charles River Associates has been a consultant for the City two plus years, providing technical review of the parking and transportation related impacts of the Link Light Rail project. This is a time and materials contract not to exceed $50,000.00. Mr. Lancaster noted the contract will cover Dan Brand's ongoing work in responding to Sound Transit's proposals, including aiding in the City's parking requirement determination for the 154 Street Station park and ride. It may also cover conducting peer review of portions of any related traffic impact analyses. Consensus existed to forward the item to the March 1 City Council Regular meeting. h. A memorandum of understandina between the City of Tukwila and WSDOT for the I -405 Congestion Relief and Bus Rapid Transit Proiects Councilmember Hernandez reported review of this item at the February 9, 2004 Transportation Committee. She stated the proposed memorandum of understanding sets the ground rules for the way the City will work with WSDOT in the completion of this project. Referring to an appendix within the proposed memorandum of understanding, Ms. Hernandez noted many of the projects within the master plan are located within Tukwila. Others are in Renton and nearby entities. Cyndy Knighton, Senior Engineer, Public Works, noted that when this was presented to the Transportation Committee, they also brought in WSDOT staff due to the complexity of the project. With that, she introduced the Segment Manager to advise Council on this issue. Stacy Trussler, Segment Manager, and Ross Fenton, Contract Manager Engineer), WSDOT, addressed the Council. City of Tukwila Page 7 of 9 City Council Committee of Whole February 23, 2004 Ms. Trussler noted seven out of ten people in the State live within 15 miles of the I -5 Corridor (from Vancouver to Bellingham). By 2010, this corridor is expected to increase its congestion to upward of 350,000 daily trips. The WSDOT employee reported Washington State to be the number one freight dependent state in the nation; particularly freight moving on I -405, from I -90 into the South King County area /valley. She also reported twice as much freight is moved on I -405 compared to that at the Port of Seattle. WSDOT anticipates that with projected modeling, it appears improvements made to I -405 will move trips off of I -5; perhaps as many as 18,000 per day. I -5 anticipates no increased lane capacity in the near or distant future. All the improvements within the I -405 study area are within the GMA boundaries. Many of the urban centers along the corridor will benefit from the improvements to the I -405 corridor. Ms. Trussler shared a tri -fold brochure with Council and pointed out the three phases of the I -405 Corridor project. Phases include current legislative funding, Phase I, and the Master Plan. Ms. Trussler discussed and described each of those with Council. Jim Morrow, Public Works Director, noted this is the first time in the history of the City where we will have an integrated transportation plan by molding together the projects of I -405, the Urban Center for transit, Transit Oriented Development, and bus rapid transit. Cyndy Knighton explained the Memorandum of Understanding as the "sandbox rules." It sets out how the entities will work together for the next 10+ years and hopefully encompasses visions required for future working relationships as the projects progress. Consensus existed to forward the item to the March 1 City Council Regular meeting. *FOR THE RECORD: Councilmember Fenton left the meeting due to illness. i. A resolution changing the street name of Saxon Drive to Costco Drive Councilmember Hernandez reported this, too, was considered at the February 9, 2004 Transportation Committee meeting. Costco Wholesale has asked the City to rename the street for greater visibility. In researching the City of Tukwila history book, staff found no record(s) /evidence as to the reason behind the name "Saxon Drive." That being said, Ms. Hernandez and the Committee saw no compelling reason not to support the proposed resolution. Additionally, it was reported this is a private drive and not a public street, yet to keep the record clear and concise, the resolution was suggested. Costco Wholesale, Inc. has agreed to pay any /all expenses related to the street name change, including any permits, fees, removal of old signs, new sign fabrication and installation. In response to Councilmember Linder's inquiry, Jim Morrow, Public Works Director, noted the Museum of Flight is also on a private drive. Staff is still in discussion with the Museum as it relates to the size of the signs and other concerns (such as cross arms supporting them), etc. More information will follow on that item in the future. Consensus existed to forward the item to the March 1 City Council Regular meeting. City of Tukwila Page 8 of 9 City Council Committee of Whole February 23, 2004 J• An ordinance adootina the 2004 edition of WSDOT /APWA Standard Specifications Councilmember Hernandez reported the review of this item at the February 9 Transportation Committee meeting. Characterizing this as a housekeeping matter, Ms. Hernandez noted a similar ordinance was done in 2002. Jim Morrow noted a new ordinance is done every two years pursuant to requirements of APWA and WSDOT. Although adopting the standards, the City does maintain the authority to change certain administrative procedures and what they call the first step on the contract specifications to meet our construction needs. Consensus existed to forward the item to the March 1 City Council Regular meeting. k. Use of federal funds for right- of -wav acauisition Also in the February 9, 2004 Transportation Committee meeting, Councilmember Hernandez noted this as a discussion item. Jim Morrow noted that when a jurisdiction has one penny of federal funds for a construction project, it must follow the Local Agency Guidelines Manual. Calling it a very linear process, Mr. Morrow noted "step two" cannot be done until "step one" has been `blessed" by WSDOT and other officials. With the exception that if the City uses City- matching funds, it does not have to follow the lineal process. It may slide things up and begin them much sooner, saving the City as much as three to six months with the entire construction process. That means, it saves the City money. With that, Mr. Morrow noted this will be one of the methodologies to be used in the future to speed up the construction processes. There are no negative cost impacts and the City does not have to have the environmental certification (in hand) before the right of way acquisition is begun. This requires no "blessing" from the Council. Mr. Morrow brought this forward as informational to show Council (one of the department's goals) that they are constantly searching for ways to make improvements. Mr. Morrow agreed to provide Council with updates when projects are completed in the future on how much time may have been saved by using this method. A bid award for the Tukwila Community Center rotunda putter replacement oroiect Also reviewed at the February 9 Transportation Committee meeting, Ms. Hernandez noted a problem with some of the gutters and downspouts at the Tukwila Community Center, in the rotunda area. The Committee was in support of awarding the bid to the lowest bidder, Ballard Sheet Metal Works, Inc., in the amount of $31,203.84, including Washington State Sales Tax (WSST). Consensus existed to forward the item to the March 1 City Council Regular meeting. FOR THE RECORD: Hiahwav 99 Transfer Jim Morrow was pleased to announce the City heard a successful briefing to the House Transportation Committee (this evening) on the route jurisdiction transfer of the Highway (99) to the City of Tukwila. No objections from any parties (including WSDOT) were received. City of Tukwila Page 9 of 9 City Council Committee of Whole February 23, 2004 This is the same Bill that was passed out of the House in 2003. It is already out of the Senate this year. At this time, however, neither the House nor the Senate are in full communications. The City is hopeful for a vote in the near future on the Bill. Financial impacts are minimal with regard to WSDOT. REPORTS: a. Mayor Mayor Mullet had no report. b. City Council Councilmember Duffie attended the February 19 Ecosystem Restoration Project celebration; where Senator Patty Murray was a guest. On February 22, he had the opportunity to meet with visitors at Fort Dent Park. Councilmember Hernandez attended the February 19 Ecosystem Restoration Project celebration; the February 22 Rainier Symphony performance and this evening's Transportation Committee meeting. Council President Haggerton reported a busy week ahead with Cascade Water Alliance business. Councilmember Carter attended the February 18 Regional Transit Committee meeting and a Cascade View Community meeting later the same night. Councilmember Linder had no report. Councilmember Robertson finished the fourth of four nights of the Crime Free Multi- Housing Program. He asked when an Ethics course would be offered and by whom. Discussion ensued on this issue as well as creation and /or review of the City's ethics policy. Staff replied a class may be held in early April, 2004. c. Staff Rhonda Berry, Acting City Administrator, had no report. d. Citv Attorney Neither Shelley Kerslake nor her representative were present. e. Interaovernmental Lucy Lauterbach, Legislative Analyst, had no report. ADJOURNMENT: 10:06 D.m. Council President Haoaerton declared the meeting adiourned. ey A Haggett ouncil President Date minutes signed: March 15. 2004 {.f 1 Robert H. Baker, CMC, Deputy City Clerk