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HomeMy WebLinkAbout2007-01-22 Committee of the Whole MinutesSPECIAL PRESENTATIONS TUKWILA CITY COUNCIL January 22, 2007 7:00 p.m. Council Chambers City Hall COMMITTEE OF THE WHOLE CALL TO ORDER /PLEDGE OF ALLEGIANCE Council President, Verna Griffin, called the meeting to order at 7:00 pm and led the audience in the Pledge of Allegiance. OFFICIALS Present were Verna Griffin, Council President, Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, and Dennis Robertson. Councilmember Pam Linder was not in attendance due to illness. ATTENDANCE Steve Mullet, Mayor; Rhonda Berry, City Administrator; Jim Morrow, Public Works Director; Steve Lancaster, Community Development Director; David Haynes, Police Chief; Peter Beckwith, Assistant City Attorney; Diane Jenkins, Council Assistant; Christy O'Flaherty, Deputy City Clerk. a. Annual Arts Commission Update Cynthia Chesak, Arts Commission Cynthia Chesak, 13218 31st Avenue South, came forward to provide an overview of the work done by the Arts Commission in 2006. She introduced Bill Gorjance and Brian Kennedy, members of the Arts Commission who were in attendance in the audience. There is currently a vacancy on the Commission and qualified individuals are encouraged to submit an application. The Arts Commission had a busy year with the 10th Annual Art Show during the Tukwila Days celebration. Ms. Chesak displayed a painting titled "News Flash" by Jim Matthews that was purchased by the Commission that will reside at the Tukwila Community Center in the senior game room. She also referenced the mural that was done at the Tukwila Pool by Nina Mikhailenko that was unveiled in the spring. The Commission is also responsible for the Community Actor's Summer Theater (CAST) performances that involve four one -act plays during Tukwila Days. They received grant funding to provide musical performances during the July 4th celebration and for the Music in the Park concert series. Three art pieces were completed in December, 2006, for Tukwila International Boulevard. The artist is Mara Smith, and she produced artwork involving a heron overlook at South 140th Street; a mountain vista at South 144th Street; and an eagle soaring at South 148th Street. Ms. Chesak indicated the Commission would like to acquire a substantial piece of artwork to commemorate Tukwila's upcoming Centennial. They are investigating an area near the freeway on and off ramps at Klickitat Drive that would be visible from the highway and the Southcenter area. They have set aside funding for the past couple of years and currently have $15,000, but will need additional money to secure a quality monument. The Commission also supports Mayfair youth activities; the rotation of public art and paintings in the City; support of the Rainier Symphony; and the Community Pride Award. City of Tukwila Page 2 of 8 City Council Committee of the Whole Minutes January 22. 2007 Councilmember Carter inquired as to the criteria for the Community Pride Award. Ms. Chesak conveyed the property must be visible from the street, and the yard must be consistently well cared for both in the summer and the winter months. The Councilmembers expressed gratitude to Ms. Chesak and the members of the Arts Commission for the valuable contributions they make to the community. b. Windstorm After Action Report Jim Morrow, Public Works Director Jim Morrow, Public Works Director, provided a status report based on the December 14 -15, 2006 windstorm. The storm caused significant portions of the City to be without power and telephone service. The high winds caused downed trees, snapped utility poles, roof damage, and 20 City streets to be impassable. While there was a loss of power, there was no significant damage to structures and no storm related injuries. The City did an excellent job in planning, responding, and recovering from the windstorm. As long as the first responder team (Police, Fire, and Public Works staff) is able to handle an incident, City residents are in competent hands. Tukwila's residents, however, are not prepared to shelter -in -place for any length of time. The City's decision to implement a Citizen's Emergency Response Team (CERT) in 2007 should assist the residents in becoming better prepared. The City itself is unprepared for a sustained, major disaster that would require full mobilization of its emergency management organization. The National Incident Management System (NIMS) requires each agency to conduct an After Action Review in order to: 1. Document the response activities 2. Identify successes /problems during emergency operations 3. Make recommendations to improve mitigation, response, and recovery activities Mr. Morrow offered findings and recommendations on the following five categories based on the December, 2006, windstorm event: 1. The Emergency Operations Center 2. Field Operations 3. Shelter Operations 4. Communications 5. Adequacy of City Facilities 1. The Emergency Operations Center (EOC). The sole purpose of the EOC is to support those people in the field, and it was not activated for this event. The Mayor was kept personally informed and received daily updates. The City Council was sent a situation report. RECOMMENDATION: 1. Explore the possibility of adding two different categories within the Level One Activation Scale Monitoring and Standby. 2. Field Operations. Overtime costs for staff has exceeded $25,000. Preparation for the storm involved retaining crews within the City at the close of business on December 14, 2006. Callbacks were made in the early hours of December 15, 2006. Recovery operations included debris removal, street clearing, traffic sign replacement, and street sweeping operations began immediately. Public Works crews were augmented with personnel from Parks and Recreation. 24 -hour operations were in place until December 17, 2006, and debris cleanup was completed by December 31, 2006. The decision was made to maintain full signal operations at key intersections due to holiday shopping traffic. This placed a large workload on City crews as backup batteries had to be replaced every two hours. City of Tukwila Page 3 of 8 City Council Committee of the Whole Minutes January 22. 2007 RECOMMENDATION: 1. Put in place a safety policy that restricts City personnel from performing any field operations when sustained wind speeds exceed 45 mph. 2. Explore the cost of purchasing a system that can be installed in the Signal Maintenance shop for charging the signal backup batteries. 3. Even though Pacific Pride did not lose power and city vehicles were able to refuel without incident, the backup system to pump fuel when power is lost should be tested. 4. Explore better communication methods with Seattle City Light and Puget Sound Energy. 3. Shelter Operations. Warming centers were established at the Tukwila Community Center and Tukwila Pool as power existed at those facilities. A total of 6 residents sought information on shelters and were directed to contact the Red Cross Shelter hotline or visit the Red Cross website. Information was posted on the City website regarding the Community Center and Pool being open. During field operations, first responders also informed residents about the warming centers. RECOMMENDATION: 1. Establish a City policy that addresses if and when the City will open a City- sponsored shelter. 2. Provide designated staff additional training in shelter management. 4. Communications. All first responder radios and communications systems worked flawlessly. The loss of power did reinforce the need to ensure sufficient charging systems are available for batteries. It was decided to not open City facilities on Friday morning, and despite the effort to contact City employees, some did not receive necessary information. A phone line has been established for City employees for call -in purposes to determine the status of City facility closures. Tukwila residents did become frustrated with the lack of information coming from the utility companies. The first responders were keeping the utility companies fully informed as to issues of concerns and areas without power. However, when residents contacted the utility companies, they were often told theirs was the first notice of a problem in a particular area. This conflict in the information flow and lack of consistency caused residents to become frustrated with the City. Staff members from the Human Services Division and Fire Department checked on those individuals who were known to require additional assistance due to a disability. RECOMMENDATION: 1. Explore methods to keep the public better informed of the situation within the City. 5. Adequacy of City Facilities. Due to the loss of power, the City's capability to provide essential services was strained. However, no response calls to Police, Fire, or Public Works went unanswered. Only three facilities within the City have backup power generators: City Hall, which is limited and cannot carry the full electrical load for heat, lights, computers, phones, etc.; Fire Station 51, and the Emergency Operations Center (Golf Maintenance Facility). RECOMMENDATION: 1. Explore the feasibility of installing backup generators at all City facilities. This would involve bringing every City facility up to the current electrical code which could cost up to $2 million. Additional information will be forthcoming. 2. Investigate the adequacy of all City facilities to meet the growing demand for services. Some additional issues of concern for future discussion and consideration involve: Private businesses that are engaged in providing "Assisted Care." Should they be required to provide backup generators and the capability of caring for their customers in times of emergency or does it fall upon the City to provide portable generators. City of Tukwila Page 4 of 8 City Council Committee of the Whole Minutes January 22. 2007 Gas Stations. Should they be required to have backup power generation and emergency tanks in order to serve the public. Where does one establish the difference between what is a private responsibility and a public responsibility in times of a disaster. What outreach services will the City provide versus educating our citizens as to what responsibilities they are required to perform. The Councilmembers asked clarifying questions of Mr. Morrow and expressed appreciation at the thoroughness of the report. Anna Bernhard, 14241 59th Avenue South, inquired as to why the City would have to provide generators to Assisted Care facilities when hospitals have to care for their patients in an emergency. Councilmember Carter conveyed that the legislature is looking into this issue and requirements may be increased for these types of facilities. Mr. Morrow relayed there will be Chipper Days on February 17 and 18, 2007 at Foster High School for those needing to dispose of storm debris (not lumber or trash). CITIZEN COMMENT Eugene Sodano, 16053 48th Avenue South, commented on increased burglaries in his neighborhood. This type of problem was not typical in this area until recently, and he is asking for increased support for the Police Department to combat these issues. He also indicated there is a lack of communication to other people in the area when their neighbors have been burglarized. Rhonda Berry, City Administrator, relayed there have been no cuts in the Police budget. She encouraged participation in the Block Watch Program and working with the Crime Prevention Office. SPECIAL ISSUES a. Ordinance clarifying Zoning Code language regarding development of substandard lots within the City. Steve Lancaster, Community Development Director, provided background information on this issue. He utilized Powerpoint slides to provide a visual representation of plat maps from 1908. These plats were established before zoning and subdivision laws as a convenient means of describing real estate as well as for buying and selling purposes. Prior to land use laws, areas were platted into very small lots; smaller than what was ordinarily developed at the time. Those who wished to construct a home would typically purchase 2 -5 parcels and build one home on them. In 1995 the City Council established the minimum lot size for the Low Density Residential (LDR) district at 6,500 square feet. For several years thereafter, the City allowed any legally created LDR lot to be developed with one single family dwelling even if the lot was smaller than 6,500 square feet. This led to concern regarding a proliferation of new residences on lots as small as 2,500 -3,000 square feet. In 2005 the City Council adopted Ordinance #2097 which modified the development requirements for building on such substandard lots. Modified language was added in Tukwila Municipal Code (TMC) 18.70.030. The intent and effect of the language was as follows: 1. In order to be developable, a lot must meet all basic development standards with the exception of average lot width. 2. If a lot cannot meet basic development standards, it must be combined with adjacent lots. 3. In rare situations an individual may seek a variance to basic development standards. City of Tukwila Page 5 of 8 City Council Committee of the Whole Minutes January 22, 2007 Recently the language in Ordinance #2097 to accomplish this intent has been called into question. It has been alleged the language is contradictory and unclear. In order to eliminate any doubt regarding the intent and effect of this language, staff recommended the Council approve a temporary moratorium on the development of substandard lots to allow the City to reaffirm its intent and clarify the code language. A public hearing on the moratorium was held at the January 16, 2007 City Council meeting. A public hearing on the proposed clarifying amendment is scheduled for the January 25, 2007 Planning Commission meeting. Councilmember Duffie asked if the City has the right to disallow owners from building on their lots. Mr. Lancaster responded that from a legal perspective, the City Council can establish this requirement. This clarifying amendment would prohibit an owner from tearing down 1 home (residing on 2 -3 lots) and building 2 or even 3 homes in its place. Councilmember Duffie also asked if the Councilmembers could attend the Planning Commission public hearing on January 25, 2007. Peter Beckwith, Assistant City Attorney, indicated the Councilmembers could attend the Planning Commission public hearing but should refrain from discussing the issue at the hearing. Councilmember Hernandez inquired as to the standard average lot width, and Mr. Lancaster indicated the width is 50 feet in the LDR zone. Ms. Hernandez also asked about the criteria for requesting a variance. Mr. Lancaster indicated the guidelines are established in State law and the TMC restates the criteria. There would have to be something unusual in the size, shape or topography of the property. If the standards were strictly applied, the owner would be deprived of rights similar to those of neighboring property owners. The hardship cannot be one that was created by the property owner. A Hearing Examiner would determine if the criteria has been met, and the decision is appealable to Superior Court. Councilmember Carter asked what the size of the lots would be at 4 dwelling units per acre. Mr. Lancaster responded the size would be approximately 11,000 square feet. Ms. Carter relayed that density is not always as important as to how the design is handled. Townhomes and cottage houses could possibly be done very well, but standards would have to be in place. Mr. Lancaster indicated that if the Council is in favor of greater density, there are various considerations, such as building design and development standards to include sidewalks, curbs, gutters, and street trees. If that becomes the case, he would suggest the Council proceed with the proposed clarifying amendment and removal of the moratorium. The staff would then have a significant amount of work to do to prepare a program that would facilitate the development of quality neighborhoods. Councilmember Robertson stated that land use decisions rarely result in a win -win situation. Those property owners who will lose money if the City retains the 6,500 square foot requirement will suffer an adverse financial impact. If the City lowers the square foot amount, those citizens living in the area on larger single family lots will be negatively effected by the increased density in their neighborhoods. Council President Griffin inquired if notices were sent out regarding this issue. Mr. Lancaster indicated notices were posted on the website, sent to the newspaper, and mailed to attendees of the last meeting. Mayor Mullet suggested the possibility of adopting language that would permit a variance to allow the building of a home to occur on a 6,000 square foot lot. Mr. Lancaster explained that if there is an existing house on a lot that is smaller than 6,500 square feet that ends up destroyed, the code is extremely flexible in allowing the owner to rebuild on that lot. The non conforming use rights in the single family zone are very generous. Consideration is being given to allowing 6,000 square foot lots in the Allentown area to allow owners more opportunities for development. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE JANUARY 25, 2007 PLANNING COMMISSION MEETING FOR A PUBLIC HEARING AND RECOMMENDATION AND THE FEBRUARY 5, 2007 CITY COUNCIL MEETING FOR A PUBLIC HEARING AND DECISION. City of Tukwila Page 6 of 8 City Council Committee of the Whole Minutes January 22, 2007 b. Ordinance regarding alcoholic beverage control /enforcement. Councilmember Haggerton indicated this item was discussed at the Finance and Safety Committee meeting on January 16, 2007. The committee members were unanimous in recommending approval. This item is a housekeeping issue. This section of the Tukwila Municipal Code (TMC) is not in compliance with State law. TMC 8.30.010 should be amended and TMC 8.30.030 repealed in order for the contents to mirror the State language. Currently the TMC makes an open container violation a misdemeanor punishable by jail and fines, while State law makes this violation a civil infraction. This amendment would allow the Police Department and Prosecutor to appropriately handle these types of cases. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. Ordinance repealing Ordinance No. 1973 regarding Curfew for Minors. Councilmember Haggerton indicated this item was discussed at the Finance and Safety Committee meeting on January 16, 2007. The committee members were unanimous in recommending approval. A juvenile curfew ordinance, similar to the City's ordinance, has been ruled by the Washington State Supreme Court as unconstitutional. Based on the City's inability to enforce its curfew ordinance, it is recommended the ordinance be repealed. The Councilmembers expressed regret at the necessity of repealing the curfew ordinance. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Southcenter Boulevard Water Main Bid Award. Councilmember Hernandez indicated this item was discussed at the Utilities Committee meeting on January 17, 2007. The committee members were unanimous in recommending approval. This project will replace the old cast iron main in Southcenter Boulevard from Tukwila Parkway to Grady Way. Four bids were opened on January 5, 2007. The low bid of $764,864 was from R. L. Alia, which is currently under contract for the Allentown /Foster Point Water and Sewer project and the Fort Dent Park/ Interurban Avenue Sewer project. The work being done on those projects is satisfactory. Jim Morrow, Public Works Director, explained the Engineer's Estimate for this project was low and $440,000 has been taken from the Interurban Avenue South Water Line Project to cover the shortfall. The Interurban Avenue South Water Line Project will be undertaken in 2008. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e Southcenter Boulevard Water Main Construction Management Services. Councilmember Hernandez indicated this item was discussed at the Utilities Committee meeting on January 17, 2007. The committee members were unanimous in recommending approval. Construction Management Services have been negotiated with Anchor Environmental for this project in the amount of $89,615. The scope of work for Supplemental Agreement No. 2 includes construction inspection, survey control, project management, and contract administration and documentation for the Southcenter Boulevard Water Main Construction project. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. City of Tukwila Page 7 of 8 City Council Committee of the Whole Minutes January 22, 2007 REPORTS a. Mayor Mayor Mullet reported that in March the City will be receiving visitors from Russia who are interested in learning about retail business activity. In May a group of Bosnian citizens will be visiting the City. Tukwila has an active Bosnian community, and there has been some interest expressed in developing a Sister City relationship with Sarajevo. b. Council Councilmember Duffie reported that the City Council Retreat held on January 20 -21, 2007 was a great success. Councilmember Hernandez attended the Tukwila Historical Society meeting on January 17, 2007. Wendy Morgan will be the Chairperson for 2007, and the group is very interested in participating in the Centennial celebration. Ms. Hernandez also attended the Council Retreat and felt it was very worthwhile. Councilmember Carter also relayed positive comments about the Council Retreat and the facilitator. She attended the Traffic Safety Commission meeting on January 18, 2007. Two bills under consideration involve making it an infraction if an individual is text messaging while driving. The other involves making seat belts mandatory on school buses. Another bill under consideration would allow traffic cameras on arterial highways and the issuance of speeding tickets. Ms. Carter was involved in a conference call on January 22, 2007 regarding mitigation on the Streamlined Sales Tax issue which would be beneficial to the City. There will be a hearing on January 23, 2007 at 10:00 am in Olympia, and she suggested Tukwila's lobbyist be contacted to ensure we express support for full mitigation on this topic. Ms. Carter indicated it has been requested that the issue of contracting with the design consultant for the Annual Overlay Program go directly from the Transportation Committee to the February 5, 2007 Regular Meeting. There are time constraints with this issue. The Councilmembers concurred with the request. Councilmember Haggerton attended the Crime Hot Spots meeting on January 17, 2007. An issue of great concern is that of increased problems with graffiti. It was reported at the meeting that the City of Federal Way has spent approximately $25,000 on cleanup efforts. It was suggested by a member of the Police Department that Council could adopt a resolution expressing strong opposition to graffiti use. Mr. Haggerton inquired if there would be support toward such a resolution, and the Council concurred. Councilmember Haggerton has been reappointed as Vice Chairman to the National League of Cities Information Technology and Communications (ITC) Steering Committee. Council President Griffin suggested involving students in an effort to thwart graffiti by instilling greater sense of community pride. She also relayed positive comments about the Council Retreat. c. Staff Rhonda Berry, City Administrator, reminded the Council of the Employee Banquet on January 26, 2007. Arrangements have been made for attendees to view the Leonardo da Vinci exhibit which starts at 5:00 p.m. The banquet hall will be accessible beginning at 5:30 p.m. d. City Attorney There was no report. e. Intergovernmental There was no report. City of Tukwila Page 8 of 8 City Council Committee of the Whole Minutes January 22. 2007 MISCELLANEOUS Councilmember Duffie expressed regret at not being able to attend the Employee Banquet as he will be out of town. ADJOURNMENT 9:26 p.m. COUNCIL PRESIDENT GRIFFIN DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED AND MAYOR MULLET PREPARED TO CONVENE THE SPECIAL MEETING. Lit ,L Verna Griffin, Council Presiderit i�W. 42- Christy O'Flah(y, Deputy City Clerk'