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HomeMy WebLinkAbout2006-02-27 Committee of the Whole MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE Council President, Dennis Robertson, called the meeting to order at 7:01 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Dennis Robertson, Council President; Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, and Verna Griffin. Council President Robertson announced that Councilmember Pam Linder would be absent from the meeting due to illness. ATTENDANCE Steven M. Mullet, Mayor; Rhonda Berry, City Administrator; Jane Cantu, City Clerk; Christy O'Flaherty, Deputy City Clerk; Jim Morrow; Public Works Director; Frank Iriarte, Public Works Deputy Director; Pat Brodin, Operations Manager; Steve Lancaster, Department of Community Development Director, Bob Benedicto, Building Official; David Haynes, Police Chief. SPECIAL PRESENTATION TUKWILA CITY COUNCIL February 27, 2006 7:00 p.m. Council Chambers City Hall COMMITTEE OF THE WHOLE Pat Brodin, Operations Manager, provided an overview of significant flooding events occurring to date in 2006. He provided a Powerpoint demonstration to illustrate photos and information regarding areas of the City impacted by flooding. He explained the interaction between Tukwila, King County, and the Army Corp of Engineers with regard to flooding related issues. The Surface Water Management Plan and Small Drainage Program have been very instrumental in the areas of flood prevention and management. The Councilmembers expressed appreciation to the staff for the progress and diligence exercised in managing flood control issues. It was suggested that an article be placed in the Hazelnut and that information on flood management be provided during Tukwila Days. CITIZEN COMMENT There were no citizen comments. SPECIAL ISSUES a. Zoning Code Amendments, including administrative appeals process (four ordinances) Councilmember Hernandez stated this item was discussed at the Community Affairs and Parks Committee meeting on February 14, 2006. The committee recommends approval. The four ordinances to the Zoning Code change rezone procedures, code interpretation procedures, the design review approval standard, and hearing bodies for certain administrative appeals. Councilmember Hernandez noted a change should be made in the first ordinance of the agenda packet dealing with rezone procedures. On page 11 of the packet, under 18.84.010, the second sentence should reference "Type 5 decision." The number, 5, is missing from the draft ordinance. Steve Lancaster, Department of Community Development, concurred. Mr. Lancaster suggested the Council conduct a public hearing and forward the ordinances to a regular meeting for approval. He also pointed out the following corrections will be made before the final ordinances are presented to the Council: There are multiple citations in the tables that list decision types that are incorrect or confusing. While these do not change the current TMC, corrections will be made in the final ordinances. City of Tukwila Page 2 of 6 City Council Committee of the Whole Minutes February 27. 2006 On page 8 in the agenda packet, under Type 2 Decisions Table, the second entry in the "Administrative Planned Residential Development," section, there is a problem with the citation. Mr. Lancaster ensured a correction will be made prior to a final version. On page 8, under "Exception from Single Family Design Standard," the citation of TMC 18.50.050 will be added. The most significant potential change is on page 9 under Type 4 and Type 5 decisions. The minutes from November 14, 2005 indicate the council suggested that "Preliminary Plat" decisions be made by the Planning Commission with an appeal available to the City Council. This would move "Subdivision Preliminary Plat" (on page 9) from the Type 5 decision table to the Type 4 decision table. Councilmember Haggerton inquired as to the findings of the Planning Commission with regard "Preliminary Plat" decisions being made by the Planning Commission with an appeal available to the City Council. Allen Ekberg, 4920 South 161st Street, Planning Commission Chairman, stated the Planning Commission did not focus on that section of the ordinance as they did not realize it was a change. It was determined that an informal poll of the Planning Commissioners would be conducted to determine their view on "Subdivision Preliminary Plat" decisions being made by the Planning Commission with an appeal available to the City Council. Councilmember Hernandez noted that on page 17 of the agenda packet, Item C, Type 2 decisions, the text should read City Council or as opposed to Councilor. Mr. Lancaster concurred. Due to lack of a quorum for the March 13 Committee of the Whole meeting, it was determined a public hearing on this issue would be held at the regular meeting on March 20, 2006. The ordinances would also be on the agenda for possible approval at the March 20 meeting. COUNCIL CONSENSUS EXISTED THAT AN INFORMAL POLL OF PLANNING COMMISSIONERS BE CONDUCTED REGARDING "SUBDIVISION PRELIMINARY PLAT DECISIONS." IF NO ISSUES EXIST, A PUBLIC HEARING WILL BE HELD ON MARCH 20, 2006. THE FOUR ORDINANCES WILL BE PLACED ON THE AGENDA FOR CONSIDERATION AFTER THE PUBLIC HEARING AT THE MARCH 20, 2006 MEETING. b. Appeal fee ordinance Councilmember Hernandez stated this item was discussed at the Community Affairs and Parks Committee meeting on February 14, 2006. The committee recommends approval. Currently the City pays all administrative costs associated with appeals. This ordinance would allow the city to charge fees for appeals of business license denials, code enforcement appeals, and certain land use decisions. Councilman Haggerton commented that in the case of a homeowner who is charged an appeal fee and subsequently wins the appeal, the fee would be refunded. Mr. Lancaster clarified that is only for appeals to the Hearing Examiner on Code Enforcement issues. Councilmember Carter referenced the table of fees in the packet delineating the amount other jurisdictions charge for appeals. She asked if the fees cover all of the administrative costs or just a portion. Mr. Lancaster indicated a portion of the costs are covered in the fee. Councilmember Carter clarified this is not an attempt to discourage rightful appeals, and Mr. Lancaster concurred. Mayor Mullet explained that monetary fines are not issued until all other avenues have been utilized to resolve an issue. The Code Enforcement staff works diligently to find solutions that do not involve invoking monetary penalties. Council President Robertson reported that Councilmember Linder asked him to convey that she is in favor of charging fees. It is unfair for tax payers to subsidize those who are in violation of the City's laws. Mr. Lancaster was asked to provide an estimate of administrative costs based on the text on page 29 of the agenda packet as follows: "This amount represents a portion of the City's administrative costs, as City of Tukwila Page 3 of 6 City Council Committee of the Whole Minutes February 27. 2006 estimated by the City Clerk." Mr. Lancaster indicated the average cost of an appeal that goes before the Hearing Examiner is approximately $700. Councilmember Hernandez stated that there had been discussions regarding senior citizens receiving a waiver to the appeal fees. There is no statutory authority to justify a waiver for senior citizens. Councilmember Carter asked how many appeals occur each year. Mr. Lancaster stated there are approximately six code enforcement appeals per year. The City Clerk will provide information to the Council, prior to the next regular meeting, on how many business license denial appeals occur annually. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. Land Use Permit Fee Schedule Councilmember Hernandez stated this item was discussed at the Community Affairs and Parks Committee meeting on February 14, 2006. The committee recommends approval. Some cities increase their land use fees annually by a certain percentage. Tukwila has not increased its fees since 2002. The staff is requesting the fees be updated to reflect the city's increased cost of processing permits. The current fee schedule shows a 4% annual increase. Mr. Lancaster noted some of the fees suggested here are related to the new decision procedures in the first ordinance discussed this evening. Both ordinances would need to be sent to the same regular meeting for final approval. Councilmember Griffin stated the 4% annual increase is fair. Councilmember Haggerton asked for clarification as to the first bulleted item on page 38 of the agenda packet that states in part: "Reducing the fee for an appeal of a sign code decision from $500 in all zones to the $100 or $200 fee charged for other types of appeals." Mr. Lancaster indicated the $500 amount was being charged when the City had a complex program for amortizing non conforming signs. Complex formulas and procedures were required in the process, justifying a higher processing fee. Supreme Court decisions have now limited the City's ability to utilize that prerogative, making the process simpler and less expensive to administer. Council President Robertson asked the council for input regarding the statement on page 39 of the packet that reads: "The Council may want to consider an automatic fee increase tied to the City budget, rounded to the nearest $5." Discussion ensued regarding automatic annual fee increases, and the need for justification prior to changes. Mr. Lancaster indicated any annual increases would be brought before the Council for approval. The Council agreed to a policy of updating fees annually based upon overall budget increases, suggesting a comparison with fees of neighboring jurisdictions be provided periodically, for example every five years. Any potential fee changes would be approved by the Council prior to becoming effective. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE MARCH 20, 2006 REGULAR MEETING (ALONG WITH THE ORDINANCE FROM ITEM 4A, ZONING CODE AMENDMENTS). THE RESOLUTION SETTING FEES WILL INCLUDE A STATEMENT THAT THE CITY WILL REVIEW THE FEES ANNUALLY BASED UPON INCREASES IN ACTUAL COSTS. d. Uniform Plumbing Code Councilmember Hernandez stated this item was discussed at the Community Affairs and Parks Committee meeting on January 10, 2006. The committee recommends approval. The proposal would replace Public Health- Seattle /King County as the authority having jurisdiction for enforcement, permitting and inspections of plumbing and fuel gas installations within the City of Tukwila. Mr. Lancaster stated this action will move the City forward toward the goal of one -stop permitting. He provided background information as to why this is a good time for this change in the Building Division. This issue was last reviewed in the early 2000's. Tukwila was experiencing a building boom, and the staff was extremely busy. The fees that would have been collected at that time would not have offset the actual costs. Construction in the City right now is not as robust as in past years, and the resources are available to take on the additional responsibility. City of Tukwila Page 4 of 6 City Council Committee of the Whole Minutes February 27. 2006 Councilmember Carter inquired as to how the fees were established. Bob Benedicto, Building Official, stated the fees are similar to those that King County is charging. The fees have been reduced in some instances to be less impactful for single family residential owners. Discussion ensued between the Council, Mayor and staff regarding the benefits of handling these functions in- house. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. 2006 Overlay and Repair Consultant Agreement Councilmember Duffie stated this item was discussed at the Transportation Committee meeting on February 13, 2006. The committee recommends approval. The proposed contract with W H Pacific is for design of the 2006 Annual Overlay and Repair Program. Jim Morrow, Public Works Director, indicated there is a list of eight projects that will be covered under the annual overlay program. He called attention to the eighth item on the list (Intersection from East Marginal Way to the Boeing Access Road). This is a special project that will involve the utilization of National Highway funds for completion. While it is not part of the City's annual overlay program, it has been added to the list to be completed by the contractor. These eight projects have been found to be the highest in priority and are scheduled to be completed by one contractor this summer. Councilmember Carter referenced the seventh project on the list regarding Ramps from Boeing Access Road to Airport Way. She indicated the signage on this road is confusing and asked that it be investigated. Mr. Morrow stated he would look into the situation. Councilmember Hernandez clarified that the fifth project on the list, Macadam Road from South 128 to South 133` is getting curbs, gutters and sidewalks due to mitigation being paid for by Normed. They contributed $90,000 (for the street vacation) and their portion of the frontage improvements. Councilmember Hernandez also inquired as to why we are not completing the whole loop on the third project on South 158 Mr. Morrow said it was determined to be unnecessary. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. f. Klickitat/Southcenter Parkway (Urban Center Access Improvement Project) Consultant Supplemental Agreement Councilmember Duffie stated this item was discussed at the Transportation Committee meeting on February 13, 2006. The committee recommends approval. The original contract was for 30% of engineering design and is nearly complete for the roadway improvements on Southcenter Pkwy. at Klickitat. This supplemental agreement with HNTB Corporation will finish the design and prepare plans, specifications, and estimates. Federal funds are expected but have not been appropriated at this time. Mr. Morrow pointed out the budgeted amount for this project has been decreased. The management reserve amount has been determined to be unnecessary and has been deleted, bringing the amount for this phase of the project to $1,982,996. An additional $10,000 is needed for right of way acquisition and $20,000 for WSDOT review. The total amount requested is $2,012,996, and there is more money budgeted than will be needed for completion of this phase of the project. Councilmember Haggerton asked Mr. Morrow to review the complete construction schedule. Mr. Morrow indicated the design will take approximately 12 months to complete. If all of the funding becomes available, work will begin in the 2008 construction period, with completion no later than the end of October, 2008. Mr. Morrow also noted that HNTB has been instructed to proceed with two parallel designs based on Westfield's decision regarding a separate entrance into their facility from the Klickitat intersection. There is no additional cost involved for the additional design. If the mall decides they do not want that entrance and pedestrian walkway, the City will have plans and specifications to proceed with construction without delays. City of Tukwila Page 5 of 6 City Council Committee of the Whole Minutes February 27. 2006 Council President Robertson inquired about the federal grant funding for this project. Mr. Morrow explained the grant was lowered by 15% due to federal government needs to fund issues resulting from Hurricane Katrina. The grant will then be administered over a five -year period. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. g. Time Warner Telecom Franchise Agreement Councilmember Haggerton stated this item was discussed at the Utilities Committee meeting on February 22, 2006. Time Warner Telecom is requesting a franchise to install, operate, and maintain a fiber optic system in the City's right -of -way. The ordinance will renew their current locations and add the route along E. Marginal Way So. from Interurban Ave. So. to So. 133 St and then continue east on So. 133 St. to Interurban Ave. So. Other than accessing manholes and pulling fiber, no other construction activity will occur in the City. The city will receive a $5,000 administrative fee for this franchise agreement. Frank Iriarte, Public Works Deputy Director, stated Time Warner has an agreement to purchase conduits from McLeod USA that was contingent upon approval of this franchise. He also said the $5,000 administrative fee has already been received by the Tukwila Finance Department. Councilmember Carter asked for clarification as to whether the proposed ordinance is also intended to renew the current franchise. Mr. Iriarte said the ordinance is intended to renew the current franchise as well as add the new route. Councilmember Carter suggested an additional 'Whereas" clause be added to the ordinance referencing renewal of the previous franchise. A discussion ensued among the Councilmembers and staff regarding additional language in the ordinance. It was decided a 'Whereas" statement should be added referencing the past franchise. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING WITH AN ADDITIONAL "WHEREAS" ADDED TO THE ORDINANCE REFERENCING THE PAST FRANCHISE. h. Bid award for the Maule Avenue /Campbell Hill /58 Avenue South Waterlines Project Councilmember Haggerton stated this item was discussed at the Utilities Committee meeting on February 22, 2006. The waterline project is for three separate locations but have been combined into one construction project. The project was advertised on January 11 and 13, 2006 and nine bids were received and opened on February 10, 2006. The low bid of $566,504.19 was from Buno Construction. References indicate Buno construction has performed well on similar type projects. Jim Morrow, Public Works Director, indicated that bid climate can change very quickly. In June, 2005, when this project was originally advertised, there were no bids received. Six months later, nine bids were received in February, 2006. The Public Works staff works conscientiously to ensure the contractors involved in the bidding verify their cost estimates. Contractors may not change their bids, but they may withdraw their proposals. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Mullet stated there are legislative bills in Olympia that affect Tukwila. There is one in particular involving the election of judges that should be addressed by the City. The Mayor suggested the Councilmembers may want to protest this bill, and Council President Robertson offered to handle this matter. Tukwila Rotary will be having a luncheon on April 10, 2006, and the guest speaker will be Bonnie Dunbar, the new CEO of the Museum of Flight. b. City Council City of Tukwila Page 6 of 6 City Council Committee of the Whole Minutes February 27. 2006 Councilmember Duffie reported he attended a mock trial handled by the Tukwila Municipal Court staff for fourth and fifth graders. It gave the students a chance to observe how court matters are handled, and he was impressed at the way the children became involved in the process. Councilmember Hernandez attended a February 23, 2006 seminar on Parliamentary Procedures for Boards and Councils. Councilmember Carter reported she received an email from the First Tier Suburbs Council for the National League of Cities. She will be providing input toward best practice examples and strategies for dealing with aging housing stock. On February 24, 2006 she attended the Senate Transportation Committee meeting as a representative for SCATBd. Councilmember Haggerton attended the Cascade Water Alliance Executive Committee meeting on February 22, 2006. He reported that it is his understanding King County will be instituting a no- smoking ban at their bus stops that will involve a 25 foot buffer. This could affect Tukwila, particularly in the area of Tukwila International Boulevard, with regard littering of discarded cigarettes. Councilmember Griffin reported on February 24, 2006 she chaired her last board meeting of the Tukwila Children's Foundation. She is formally stepping down as president at the annual meeting on March 16, 2006 at 5:00 at the Tukwila Community Center. Council President Robertson attended a February 23, 2006 seminar on Parliamentary Procedures for Boards and Councils. He is pleased with the way Tukwila conducts its meetings. Mr. Robertson reported the job description for the Council support position will be ready to advertise on March 5, 2006. Viki Jessop, Administrative Services Director, will be adding wording to the description regarding "The City administrator jointly conducting performance reviews with the Council President." Council operating procedures will be amended in the future to reflect the role of the Council President in gathering input from all Councilmembers for the performance review. Council President Robertson has been coming into City Hall to review mail sent to the Council electronically and by the postal service. He then forwards the documents on to the whole Council. He thanked the Council and staff for assisting with additional duties during the staff shortage. c. Staff There was no report. d. City Attorney The City Attorney was not present. e. Intergovernmental There was no report. ADJOURNMENT 9:17 p.m. COUNCIL PRESIDENT ROBERTSON DECLARED THE MEETING ADJOURNED /7. ,�1 iir\j/ L Dennis Robb rtson Coundil President /I Lt�1 {i Christy O'Fla, Deputy City Clerk