Tacoma City Council Meeting - August 28, 2012

This week’s meeting was a good one, if you like public process, or chickens, or both.  The lively back and forth on the poultry ordinance and the public hearing on proposed changes to streamline the Land Use Code were the highlights.

PROCLAMATIONS, RECOGNITIONS, PRESENTATIONS, AND ANNOUNCEMENTS
None.

PUBLIC COMMENT
Public comment this week was dominated by the poultry ordinance.  Comments were divided between the camp that considers the 50-foot setback to be an appropriate defense of their property from neighboring chickens, and those who consider the proposed change to a 12-foot setback to be a reasonable defense of their right to keep poultry on their own property.  Arguments from the first camp focused primarily on concerns over smell, flies, and noise related to chickens on adjacent property interfering with enjoyment of their own property.  Counter arguments pointed out that the 50-foot setback inherently prohibits many residents from having chickens, as there is no point on many properties that would be able to satisfy that criteria.  More discussion followed…

REGULAR AGENDA

Motion to authorize the City’s full and final settlement of all claims against the City by Hozoji Matheson-Margullis, Claim No. 13481, upon payment by the City in the amount of $47,230.24.

Passed.

Motion to authorize the City’s full and final settlement of all claims against the City in the claim of Donald Svinth, Claim No. L-066-11, upon payment by the City in the amount of $92,691.44.

Passed.

RESOLUTIONS

Resolution No. 38519 (Continued from the meeting of August 14, 2012) Authorizing the execution of a collective bargaining agreement with Teamsters Local Union No. 117, General Unit, which consists of approximately 239 budgeted, full-time positions, and provides in part for zero wage increases in both 2011 and 2012, a Consumer Price Index-based increase in 2013 between 2 and 4 percent, a market study increase in 2014, and creates a new classification, effective January 1, 2011 through December 31, 2014. [Mike Brock, Labor Negotiator; Joy St. Germain, Director, Human Resources]

After a couple weeks of delays this item passed.

Resolution No. 38520 (Continued from the meeting of August 14, 2012) Authorizing the execution of a collective bargaining agreement with District Lodge No. 160, on behalf of Local Lodge No. 297 of the International Association of Machinists and Aerospace Workers, Yard Clerk Unit, which consists of approximately five budgeted, full-time positions, and provides in part for an $0.11 wage increase for 2012 and a $0.12 wage increase in 2013, to be deferred to cover increased costs for the Western Metal Industry Pension Fund; and a Consumer Price Index-based increase in 2014 through 2016 between 2 and 4 percent, effective January 1, 2012 through December 31, 2016. [Mike Brock, Labor Negotiator; Joy St. Germain, Director, Human Resources]

This item also passed after being delayed for a couple weeks.

Purchase Resolution No. 38530 Awarding contracts to:

1. SAFE Boats International L.L.C., in the amount of $296,791.15, plus sales tax, budgeted from the Department of Homeland Security and Enhanced Marine Services Unit Response Package, for a 31-foot Full-Cabin Patrol Vessel – GSA Contract No. GS-07F-0038H; [Sergeant Tom White, Tacoma Police Department (TPD); Chief Don Ramsdell, TPD] and
2. TranTech Engineering, LLC, on its bid of $1,221,206.00, sales tax not applicable, budgeted from the Streets Special Revenue Fund and the 2010 LTGO Bond Fund, for design services to rehabilitate the Tacoma Avenue South Bridge – Specification No. PW12-0185F. [Chris Larson, Engineering Division Manager; Dick McKinley, Director, Public Works]

Councilmember Boe recused himself from the purchase resolution due to professional issues relating to item number two.  The bridge in that item, which passes over South Tacoma Way, will be one lane each direction, with a center lane, and bike lanes both directions. 

In response to questions from Councilmember Ibsen regarding item number one, we heard that in the last couple years there have been about 34 incidents requiring water response, including assistance with a homicide situation, and water rescues on a weekly basis.  The funding for the boat will come primarily from a federal grant, with the remainder covered by a 2010 LTGO bond. 

Resolution No. 38531 Accepting a 2012 State Drinking Water Revolving Fund loan, in the amount of $12,120,000; and authorizing the execution of a low-interest loan agreement with the Washington State Public Works Board for a term of 20 years for the Green River Filtration Facility project. [Craig Downs, Water Quality Engineering Supervisor; Linda McCrea, Superintendent, Tacoma Water]

This item will allow Tacoma Water to enter into a loan agreement with the state to pay for the addition of filtration, treatment, and storage capacity to allow Green River to be in compliance with federal regulations.

Resolution No. 38532 Authorizing the execution of a collective bargaining agreement and three related memoranda of agreement with the Tacoma Police Management Association, Local 26, I.U.P.A., Captains and Lieutenants Unit, which consists of approximately 19 budgeted, full-time positions, and provides in part for a 1.6 percent wage increase in 2012 to be delayed to January 1, 2013, and wage increases for 2013 and 2014 to be determined by an indexing/parity process between certain identified classifications in the Tacoma Police Union, Local 6, collective bargaining agreement, effective January 1, 2012 through December 31, 2014. [John Dryer, Labor Relations Manager; Joy St. Germain, Director, Human Resources]

The new three-year agreement between the City and the TPD management union passed.

Resolution No. 38533 Calling on all people and entities in the community to commit to creating the expectation that all children in the City will be successful and encouraging those people and entities to proactively identify and deploy their unique capabilities in support of the delivery of meaningful, high-quality education, extracurricular activities, and support services for all children that are now or will be students in Tacoma Public Schools. [Council Members Lauren Walker and Anders Ibsen]

This resolution started from the Tacoma School Board, which asked its local partners to consider offering their support.  Councilmember Ibsen explained that the resolution supports the idea that we’re all in this together, and that education is at the heart of the community.  Mayor Strickland emphasized that education is an important civic priority for Tacoma, as a factor that strengthens both our children and the community as a whole.

FINAL READING OF ORDINANCES

Ordinance No. 28085 Amending Chapter 5.30 of the Municipal Code, relating to domestic fowl, to rename the Chapter as “Poultry and Pigeons”, set limits on poultry and pigeons per parcel, establish setbacks for enclosures, provide for penalties for noncompliance, and offer a right to appeal; and amending Chapter 1.23 of the Municipal Code, relating to the Hearing Examiner, to establish jurisdiction over hearings and appeals for said Chapter. [Kristin Lynett, Office of Sustainability Manager; T.C. Broadnax, City Manager]

Having dominated public comment, the conversation on chickens and other poultry got even more heated when Council turned its attention to the final reading of this ordinance.

Councilmember Boe proposed an amendment that would change the setback distance from 12 feet to 24, splitting the difference between 50 and 12.  Public comment was taken on this substantive change.  One speaker pointed out that even at 24 feet he still would be unable to comply with the setback rules if he wanted chickens.

Councilmember Campbell proposed a change to the amendment, suggesting 50 feet instead of 24 for the setback, with a clause allowing for a 12-foot exception with written permission from all neighbors.  Councilmember Boe accepted this proposal, and public comment was again taken.  It was pointed out that the change to 50 feet put the amendment back to where it started, thus essentially rejecting one of the major changes proposed by the Sustainable Tacoma Commission.  And, in what was our favorite comment of the night, one commenter reminded us that Tacoma is not a home owners’ association.  Another speaker raised questions regarding the idea of neighbor-approved exceptions: Is it the property owner or the resident that must grant consent for the exception?  And if the property changes hands/residents, is a new consent required?

After discussion the amendment failed in a roll call vote, five to four.  Final Council comment on the ordinance (being considered in its original form) centered on the fact that the rules had been through a substantial public comment process as written, and that rules on distances and numbers will always be a compromise between those who want to keep chickens and those who don’t want to live too close to them.

In the final vote, the ordinance passed eight to one, with Councilmember Boe being the only dissenting vote.

FIRST READING OF ORDINANCES

Ordinance No. 28084  Amending Chapter 1.12 of the Municipal Code, relating to the Compensation Plan, to amend rates of pay and compensation for approximately 239 budgeted, full-time positions represented by Teamsters Local Union No. 117, General Unit, and approximately five budgeted, full-time positions represented by District Lodge No. 160, on behalf of Local Lodge No. 297 of the International Association of Machinists and Aerospace Workers, Yard Clerk Unit. [Mike Brock, Labor Negotiator; Joy St. Germain, Director, Human Resources]

The agreement will be sent over for final reading on September 11.

PUBLIC HEARINGS AND APPEALS
This is the date set for a public hearing by the City Council on the proposed amendments to the Land Use Regulatory Code to allow greater flexibility for infill development and the reuse of existing buildings, and to streamline the City’s building and environmental review processes, as recommended by the Planning Commission. [Ian Munce, Long Range Planning Division Manager; Martha Anderson, Interim Director, Community and Economic Development]

The amendments under consideration address the question of whether, in the current economic environment, there are changes the City can make that will jumpstart projects to reuse existing buildings.  Three major changes are being proposed:

• Increasing the thresholds at which SEPA reviews are triggered.  (i.e. from six residential units to 20)
• Allowing greater flexibility for live/work and work/live uses to encourage use of under utilized existing buildings.
• Extending the parking exemption to lower thresholds to use of existing buildings.

The idea is to encourage the re-use of existing spaces as studios, etc, without triggering change of use requirements – to provide flexibility in use without endangering public health and safety.  If all goes according to plan, we’ll see the first reading of an ordinance at the September 18 meeting, and a final reading September 25.

We heard several comments in support of the changes – commenters spoke in support of getting more people into buildings downtown, saving unoccupied buildings from becoming derelict, and decreasing hurdles to development.  So far it’s sounding like a win-win-win for economic development, historic buildings, developers, artists, and other stakeholders.

UNFINISHED BUSINESS
None.

REPORTS BY THE CITY MANAGER
None.

COMMENTS AND COMMITTEE REPORTS OF THE CITY COUNCIL

Neighborhoods and Housing Committee – Councilmember Walker reported that the Committee has received proposals for the 2012 allocations for innovative grants from all neighborhood councils for projects from arts to traffic circles to street lighting.  At its next meeting the Committee’s will hear an update on the community gardens program.

Councilmember Boe reported on Maritime Fest, where he served as a judge for the Quick and Dirty Boat Building competition.  13 teams built boats and put them in the water.  11 boats returned intact.  He also reported on the bribes he received as a judge for the competition, a list including packs of Oreo cookies, candy bars, and commemorative magnets, totaling between $33 and $36 in value, which he will report on this year’s public disclosure. 

Councilmember Ibsen reported on the ribbon cutting for the new Washington National Guard intelligence hub opening at Camp Murray this week, and the grand opening this Saturday from 12:00 to 5:00 p.m. of Market on Market, where you will be able to get local produce and other products even when you can’t make it to a farmers’ market. 

Councilmember Lonergan mentioned the opening of a new roadway access to Wapato Park, and reminded us of the ongoing train testing being done by Sound Transit on the new Sounder extension.  He also reminded everyone to be careful in schools zones with classes resuming next week. 

Mayor Strickland gave the final reminder that next week’s City Council study session and meeting are cancelled.  The Council will meet again on September 11. 

ADJOURNMENT

That’s all folks.  Chickens of Tacoma rejoice.