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HomeMy WebLinkAbout2007-07-09 Committee of the Whole MinutesCITIZEN COMMENT SPECIAL ISSUES TUKWILA CITY COUNCIL July 9, 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 7:02 p.m. 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, Pam Linder, and Dennis Robertson. ATTENDANCE Steven Mullet, Mayor; Rhonda Berry, City Administrator; Jim Morrow, Public Works Director; Frank Iriarte, Public Works Deputy Director; Jack Pace, Acting Community Development Director; Nora Gierloff, Planning Supervisor; Lori Sutter, Assistant Police Chief; Kimberly Matej, Council Analyst; Christy O'Flaherty, Deputy City Clerk. Anna Bernhard, 14241 59th Avenue South, thanked the Mayor and Council for the excellent fireworks display on the 4th of July. She also conveyed that she witnessed mail being stolen from her mailbox at approximately 10:00 am today, and there was a quick response from the Police Department to the incident. a. Bid rejection for Green River Pedestrian and Utility Bridge Repairs and Sealing Councilmember Carter indicated this item was discussed at the Transportation Committee meeting on June 25, 2007. The committee members were unanimous in recommending approval. This project was designed to provide repairs and sealing of the Green River Pedestrian Bridge on the Green River Trail near South 180th and Andover Park East. The repairs include replacement of the wooden deck and repairs to deteriorating sections of the bridge truss. The sealing includes coating the entire bridge with a stain /sealant to preserve the wood from further deterioration. The project was advertised and bids were opened on June 15, 2007. Four bids were received and all were within the budget; however, none of the contractors had worked on wood bridges over water, which requires special expertise to protect the bridge and the environment. The Council is being asked to reject all bids and approve a re- design and re- advertisement of the project in two packages. The first package will be for bridge repair and the second will involve painting of the bridge. Councilmember Carter relayed an error in the 3rd 'Whereas" in the resolution rejecting all bids. The sentence should read the bids received ranged from $209,500.00 to $307,753.00." (The engineer's estimate of $192,100.00 had been incorrectly utilized in place of the low bid of $209,500.00). Councilmember Hernandez asked that once the repairs on the bridge are completed, the signage relating to "bicyclers dismounting" be placed in a more visible location. Councilmember Haggerton inquired if separating the project into two packages will facilitate the cost coming in closer to the engineer's estimate of $192,100.00. Jim Morrow, Public Works Director, responded in the affirmative. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. City of Tukwila City Council Committee of the Whole Minutes b. Tukwila International Boulevard Phase 2 and 3 Improvements right -of- way /condemnation ordinance Page 2 of 7 July 9. 2007 Councilmember Carter indicated this item was discussed at the Transportation Committee meeting on April 23, 2007. The committee members were unanimous in recommending approval. Jim Morrow, Public Works Director, provided background information on this issue. Final design for Tukwila International Boulevard Phases 2 and 3 is nearing completion, and the project is scheduled for advertisement in late 2007. Right -of -way and easements are needed along the project in order to construct the proposed improvements. The negotiations with property owners are ongoing, and most of the property needs are for temporary construction easements. There are also some slope /utility easements and sidewalk and wall easements required. Two of the properties require right -of -way acquisition. It is critical for the project that negotiations are completed in a timely manner. While no difficulties are anticipated, if negotiations fail, condemnation proceedings will be necessary to obtain the properties needed. Condemnation must be authorized by the City Council and can be a lengthy process. It is recommended to begin condemnation proceedings for all properties. As successful negotiations and acquisitions occur, those properties would be removed from the condemnation process. This is the most expedient way to ensure certification of right -of -way given the current schedule. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. Emergency Advisory AM Radio System Councilmember Haggerton indicated this item was discussed at the Finance and Safety Committee meeting on July 2, 2007. The issue had been brought to the committee as information only, and the committee members were unanimous in recommending the item be forwarded to the full Council for approval. Frank Iriarte, Public Works Deputy Director, provided a summary of this issue. The City recently leased a portable 10 -watt AM radio system from Information Station Specialists (ISS) to conduct a feasibility study and determine if the system could provide adequate coverage throughout the City. Based on results of day and night -time testing, staff has concluded that, with the exception of high voltage line interference and potential in- building reception issues, the Emergency Advisory AM Radio Station at channel 1660 will provide coverage to almost the entire City. Through public safety managed radio broadcasts, listeners can receive current reports and alerts regarding road closures, detours, and construction delays. During non emergencies, the City can use the Emergency Advisory AM radio station to inform the public about upcoming events and visitor information. No commercial advertisements are allowed per Federal Communications Commission (FCC) regulations. If the Council approves the purchase of an Emergency Advisory AM radio station, the cost for a standard system plus signs placed throughout the City, is $32,000 plus tax. Due to the technical nature of the radio equipment, staff recommends sole source procurement from Information Station Specialists (ISS) by passage of a resolution. ISS has been in business for 22 years and has worked with area cities to include Puyallup, Orting, Redmond, Issaquah, and Kent. They also possess the capability to provide 24- hour -a -day service for any issues that may arise. Councilmember Carter requested clarification as to whether this $32,000 cost would come out of the previously approved funding of $50,000 for electronic reader boards. Jim Morrow, Public Works Director, explained that reader boards would be incorporated as part of the purchase of the backup generators. The $50,000 funding was to accommodate new initiatives that would keep the public better informed. This $32,000 amount for the radio station is the first expenditure to be taken from the $50,000 appropriation. Councilmember Carter inquired as to whether a plan could be put in place to assure that emergency broadcasts are provided in additional language translations, and Mr. Morrow responded in the affirmative. Ms. Carter also asked if the system could be expanded in the future to provide improved transmission in those areas of the City where the frequency is diminished. Mr. Iriarte relayed that installation of the City of Tukwila City Council Committee of the Whole Minutes Page 3 of 7 JO( 9. 2007 permanently mounted system should provide improvements in coverage. He also indicated he would work with ISS on enhancing coverage in those areas of the City with diminished frequency. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Code Amendments: 1. An ordinance to raise the threshold for SEPA environmental review to 12,000 square feet and 40 parking stalls for commercial /industrial construction and nine dwelling units for residential construction, and adopt the Optional Determination of Non significance (DNS) Process under WAC 197 -11 -355 Councilmember Linder indicated this item was discussed at the Community Affairs and Parks Committee meeting on April 10, 2007 and June 26, 2007. At the June 26, 2007 meeting, the committee members were unanimous in recommending approval. Nora Gierloff, Planning Supervisor, provided an overview of this topic. The State Environmental Policy Act (SEPA) requires a standard checklist be filled out by a project proponent to identify the environmental impacts of certain actions. The intent is to identify environmental impacts that would otherwise fall through the cracks and provide a mechanism for public review and mitigation. Jurisdictions have flexibility in setting the thresholds that trigger SEPA review up to the maximum level allowed by the State. They may also take advantage of an optional SEPA process that allows them to identify projects where significant adverse environmental impacts are unlikely and combine the comment period on that determination with the notice of application comment period for the underlying permit. On April 10, 2007 the Community Affairs and Parks Committee recommended approval of all changes except raising the threshold for single family construction from 4 dwelling units to 9 dwelling units. At the May 14, 2007 Committee of the Whole meeting, the Council referred the issue to the Planning Commission for input. On May 24, 2007 the Planning Commission held a public hearing and supported raising the single family threshold to 9 dwelling units. They also support increasing the commercial/ industrial threshold to 12,000 square feet and 40 parking spaces (from 4,000 square feet and 20 parking spaces) and exercising the Optional Determination of Non Significance (DNS) process to run concurrent comment periods for the project and SEPA. At the June 26, 2007 Community Affairs and Parks Committee meeting, the members supported the recommendation of the Planning Commission. Councilmember Carter indicated it would be beneficial in the future to receive informal feedback about the impacts that have resulted from these kinds of changes. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 2. An ordinance to create a process for determining the number of wetland mitigation credits required for off -site mitigation Councilmember Linder indicated this item was discussed at the Community Affairs and Parks Committee meeting on April 24, 2007 and June 26, 2007. At the June 26, 2007 meeting, the committee members were unanimous in recommending approval. Nora Gierloff, Planning Supervisor, provided background information regarding this issue. The proposal is to amend the Sensitive Areas Ordinance (SAO) to allow the Director to establish a mitigation ratio that meets the intent of the SAO for specific wetland mitigation banks. Wetland mitigation banking as a tool for off setting unavoidable impacts to wetlands is becoming more important, and the City is starting to see proposals for off -site mitigation at banks. A wetland mitigation bank is the consolidation of small, fragmented wetland mitigation projects into a large contiguous site where creation, restoration and enhancement is carried out in advance of the impacts. Banks are established under a formal and rigorous permitting process. The City's current ordinance permits off-site mitigation, and even mitigation outside the city limits of Tukwila, as long as the mitigation site is within the same river basin. The mitigation ratios established in the SAO apply to both on -site and off -site mitigation. The SAO does not address transferring mitigation to a mitigation bank, which uses "credits" as opposed to acreage in determining the amount of mitigation City of Tukwila City Council Committee of the Whole Minutes Page 4of7 July 9. 2007 needed. Determining if the amount of mitigation bank credits meets the City's mitigation ratios is not straightforward. The proposal would amend the Sensitive Areas Ordinance to permit the DCD Director to establish a ratio of mitigation acreage to wetland bank credit for off -site mitigation. The Community Affairs and Parks Committee discussed this at their April 24, 2007 meeting. They had some suggested changes to the code language that has been incorporated into the proposal but did not have a consensus recommendation. At the May 14, 2007 Committee of the Whole meeting, there were concerns expressed about the use of mitigation sites outside of Tukwila and the degree of flexibility granted to the DCD Director's decision. The Council referred the issue to the Planning Commission for input, and a public hearing was held before the Commission on May 24, 2007. The Planning Commission recommended approval of the amendment as written, and at the June 26, 2007 Community Affairs and Parks Committee meeting, the members supported the recommendation of the Planning Commission. Councilmember Linder encouraged the staff to continue to look for areas in Tukwila that could be used for wetland mitigation purposes. Councilmember Robertson conveyed that DCD staff would include a brief summary of the status of Type 2, 3, and 4 projects resulting in administrative decisions in their quarterly reports. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 3. An ordinance to restrict expansion of houses into non conforming setbacks Councilmember Linder indicated this item was discussed at the Community Affairs and Parks Committee meeting on April 10, 2007 and June 26, 2007. At the June 26, 2007 meeting, the committee members were unanimous in recommending approval. Nora Gierloff, Planning Supervisor, provided a summary of this topic. Tukwila Municipal Code 18.70.050 (6) states "single family structures in single or multiple family zone districts, which have legally non- conforming building setbacks, shall be allowed to expand along the existing building line(s) if the existing distance from the nearest point of the structure to the property line is not reduced." This provision has been used in ways that significantly increase the area of non conformity and impact upon the neighboring property. The Planning Commission recommendation is to allow the structure to be expanded into the setback along the existing building line on the ground floor so long as the existing distance to the property line is not reduced and the square footage of the expansion into the setback does not exceed 50% of the square footage of the current intrusion. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 4. An ordinance to allow retaining walls up to four feet high in setbacks, under certain conditions Councilmember Linder indicated this item was discussed at the Community Affairs and Parks Committee meeting on April 10, 2007 and June 26, 2007. The item has been forwarded to the full Council for consideration. Nora Gierloff, Planning Supervisor, provided background information on this issue and provided a handout to the Council regarding a "Retaining Wall Setback Waiver Example." There are several different standards for whether retaining walls or rockeries can be located in required setbacks, which leads to confusion and in some cases unusable yards. The Building Code allows most rockeries and retaining walls up to 4 feet high without a permit which many people assume is the trigger for meeting setbacks. While the intent may have been to prevent a neighbor from having to look at a tall retaining wall on the property line, it sometimes has the effect of creating a yard that is unmaintained and unusable to the property owner because of the grade separation. Rockeries are rarely allowed to retain more than 4 feet of earth so their height is less of an issue. The Planning Commission recommendation is that retaining walls and rockeries with up to 4 feet of exposed face be allowed in yards to match Building Code requirements. This could be increased in special circumstances if the property in question is on the lower side of the retaining wall; if the wall City of Tukwila City Council Committee of the Whole Minutes Page 5 of 7 July 9. 2007 benefits the Tots on both sides of the property line; or if the wall is needed due to right of way improvements. The language suggestions for item #4 are as follows: Retaining walls with an exposed height greater than 4 feet may be allowed in required front, side or rear yard setbacks under the following circumstances 4. When a wall or walls are needed to create a vehicular access road that meets Fire Department slope requirements and the exposed face either has a decorative /textured treatment or is screened with landscaping. OR 4. When a wall or walls are needed to create a vehicular access road to meet Fire Department slope requirements and the exposed face is (a) not visible from adjacent properties, or (b) screened by landscaping, or (c) owners of both properties agree to the wall or walls. The Councilmembers discussed the wording options at length and conveyed concerns to include: the possible ambiguity surrounding what could be interpreted as "decorative" treatment; the need to assure adjacent property owners' views are not obstructed; the potentially unrealistic expectation of the phrase "not visible from adjacent properties;" the likelihood of unintended consequences and future City obligations by allowing "owners of both properties to agree to the wall or walls;" and the reality that oftentimes landscaping is not maintained and becomes an eyesore. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING WITH DIRECTION TO STAFF TO INCORPORATE CHANGES TO THE ORDINANCE BASED ON THIS EVENING'S DISCUSSION. 5. An ordinance to provide an Administrative Lot Area Variance in the LDR Zone and update the permit classification table Councilmember Linder indicated this item was discussed at the Community Affairs and Parks Committee meeting on April 10, 2007 and June 26, 2007. The item has been forwarded to the full Council for consideration. Nora Gierloff, Planning Supervisor, offered a synopsis of this issue. The minimum lot size in Low Density Residential, Tukwila's single family zone, is 6,500 square feet. There are areas of the City that were platted prior to current zoning regulations with different lot patterns such as 3,000 square feet. These substandard lots are no longer considered individual building sites since the passage of Ordinance 2097. This means a property owner might have to aggregate five or more lots totaling 15,000 square feet in order to create two building sites as opposed to the 13,000 square feet required by code. Another situation is where an owner wishes to subdivide a lot over 13,000 square feet but also wants to retain an existing home that is sited near the middle of the lot so that a new lot cannot be created that meets both setbacks from the existing house and the minimum lot size. There was concern expressed at the Community Affairs and Parks Committee meeting about the effect this might have in allowing for short plats in areas of the City with 12,000 to 13,000 square foot lots. There are approximately 160 lots in the City with area in this range. There may be other factors that would prevent these lots from being subdivided such as location of the existing house, presence of sensitive areas (streams, slopes or wetlands), lack of sanitary sewers or disinterest by the current owner in short platting. The Planning Commission recommends creation of an administrative variance to the DCD Director for reductions in lot size of up to 500 square feet per lot for up to two lots to streamline the process for lots that are just under the threshold for subdivision or where there is an existing house that prevents the lots from being divided equally. Requests for greater reductions through a variance would still require a public hearing before the Hearing Examiner. There are also a few decisions called out in the Zoning Code that are not listed in the table at TMC 18.104.101. In addition, the proposed changes above, if adopted, would add a new decision to the code. City of Tukwila Citv Council Committee of the Whole Minutes The Councilmembers discussed the various aspects of this issue thoroughly and exchanged comments to include: concern for property owners who purchased land prior to annexation to Tukwila who thought they had buildable Tots; acknowledgement of past citizen comments against lowering the minimum lot size from 6,500 square feet; an openness to reducing the minimum lot size to 6,000 square feet; the awareness of citizen upset in neighborhoods that incurred increased density due to lot sizes being decreased; the reality that some homes in the City exist on 3,000 square foot lots and allowing similar size conditions would alleviate hardships; the desire to treat all areas of the City uniformly; and the need for additional study of this issue before a decision can be rendered. COUNCIL CONSENSUS EXISTED TO PROCEED WITH THE SCHEDULED PUBLIC HEARING ON THIS ISSUE AT THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Mullet reported the Public Works Department has taken extra steps to keep City facilities cool in preparation for the upcoming heat wave. He also provided a reminder of the spaghetti dinner fundraiser for the Sister Cities Program. The event is July 11, 2007 at the Tukwila Community Center at 5:00 pm. The price is $10.00 for adults and $5.00 for children. The Mayor conveyed he may be making a trip to Japan in the next couple of weeks to sign new Sister City documents. b. Council c. Staff Page 6of7 July 9. 2007 Councilmember Hernandez attended the Grand Re- opening of the Jim Wiley Community Center in Greenbridge on July 6, 2007. Mr. Wiley had been the former Executive Director of the King County Housing Authority. Ms. Hernandez distributed copies of the news release and flyer regarding the event. Councilmember Carter commented on the high quality of the fireworks display at the Family 4th at the Fort event. Councilmember Haggerton attended the Tukwila Government Affairs Committee meeting on July 3, 2007 and the All Nations art exhibit at Starfire Sports Complex on July 8, 2007. He also participated in a National League of Cities (NLC) Information Technology and Communications (ITC) Steering Committee conference call on July 9, 2007. The call was to discuss the National Broadband Policy, and a general report will be forthcoming at the NLC December conference. Councilmember Robertson indicated it has come to his attention that drug activity is occurring during the day at Crestview Park. Mayor Mullet conveyed he would look into the issue. Mr. Robertson also indicated he would like an update on the Light Rail project. He would like information on the noise walls with regard to their location and size and an explanation regarding the beam poles that have recently appeared on the structure. Mayor Mullet suggested that any other questions regarding the Light Rail project be forwarded to Kimberly Matej, Council Analyst, and a report would be forthcoming. Council President Griffin reported the issue of Council travel will be on the agenda for the next Committee of the Whole meeting. She conveyed there will be western melodrama performances at the Foster High School Performing Arts center on July 13 -14, 2007 at 7:00 pm. Rhonda Berry, City Administrator, reported on issues regarding fireworks use around the July 4 holiday. The Fire Department responded to 20 incidents and 8 small brush fires. The Police Department statistics involve the week leading up to July 4 and through July 5, and police staff responded to 42 incidents. One difference this year is that only 1 call was received on July 5, and in past years 13 -19 incidents were reported the day after the 4th. Ms. Berry also offered a reminder regarding upcoming Tukwila Days events beginning with the Wednesday concert series at Cascade View Park. City of Tukwila City Council Committee of the Whole Minutes d. City Attorney The City Attorney was not present. e. Intergovernmental Kimberly Matej, Council Analyst, reported she will be distributing a schedule regarding staffing of the Council booth for Tukwila Days. She also conveyed the All Nations Cup opening ceremony will be at the Starfire Sports Complex on July 13, 2007 at 7:00 pm. MISCELLANEOUS Councilmember Duffle offered a reminder that school is out and to be safety- conscious of school children out and about in the community. Councilmember Hernandez inquired if the Councilmembers would be involved in the Tukwila Days Children's Parade. Kimberly Matej, Council Analyst, indicated she would check into this and provide additional information to the Councilmembers. ADJOURNMENT 9:31 p.m. COUNCIL PRESIDENT GRIFFIN DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Veevpii Griffin, Council resident r x4 Christy O'Flahel i, Deputy City Clerk (1 Page 7 of 7 Julv 9. 2007