HomeMy WebLinkAbout2013-08-26 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting
City Hall Council Chambers August 26, 2013 — 7:00 P.M.
MINUTES
COMMITTEE OF THE WHOLE
CALL TO ORDER/PLEDGE OF ALLEGIANCE
Council President Hougardy called the Tukwila City Council meeting to order at 7:05 p.m. and led the
audience in the Pledge of Allegiance.
OFFICIALS
Present were Kathy Hougardy, Council President, Councilmembers Joe Duffie, Dennis Robertson,
Allan Ekberg, Verna Seal, De'Sean Quinn, Kate Kruller.
CITY OFFICIALS
Jim Haggerton, Mayor; David Cline, City Administrator; Chris Flores, Acting Fire Chief;
Bob Giberson, Public Works Director; Rick Still, Parks and Recreation Director; Dave Johnson,
Recreation Superintendent; Nora Gierloff, Community Development Deputy Director; Stacy MacGregor,
Assistant Planner; Derek Speck, Economic Development Administrator; Kimberly Matej, Government
Relations Manager; Joyce Trantina, Project Analyst; Mary Miotke, Information Technology Director;
Laurel Humphrey, Council Analyst; Melissa Hart, Deputy City Clerk.
RECOGNITION
Council President Hougardy announced that Councilmember Kruller has received AWC's Certificate of
Municipal Leadership (CML). The CML program provides Mayors and Councilmembers the training
needed to effectively operate within the law, plan for the future, secure and manage funds and foster
community and staff relationships. The CML certificate was presented to Councilmember Kruller in
recognition of her accomplishment.
SPECIAL PRESENTATION
Parks, Recreation and Open Space Plan — Phase 2.
Dave Johnson, Recreation Superintendent, said MIG Consulting was hired in March 2013 to update the
City's Parks, Recreation and Open Space (PROS) Plan. Since the contract for services was initiated,
considerable work has been done on the update, primarily Phase 1 and Phase 2 of the project. The
Parks and Recreation needs analysis has been provided on pages 1 -46 of the agenda packet. He
introduced Ryan Motthau, Project Manager with MIG Consulting.
Mr. Motthau explained that according to the Growth Management Act regulations, the City is required to
update the PROS Plan every six years. The plan update is normally conducted in a four phase process.
Community involvement is a major part of the PROS Plan that occurs in each phase of the planning
process, and there have been several community outreach and engagement events seeking input. MIG
has been working with City staff to analyze the feedback that has been received. Mr. Motthau utilized a
PowerPoint presentation to update the Council on the work conducted to date relating to the PROS Plan
update. Highlights of the presentation included:
• Planning Process:
o Technical Advisor Group has been established and the group has conducted two
meetings
o Initial community outreach completed
o Review of the existing resources
o Conducted the needs analysis
o Update the City Council on progress
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August 26, 2013
Page 2 of 7
• Future work:
o Revise needs analysis based on comments received
o Translating analysis to potential recommendations
o Staff to update Community Affairs and Parks Committee (September)
o Update to City Council (October — strategic direction)
o Update to City Council (November — review draft plan)
o Plan review and adoption (January - February 2014)
• Community Involvement:
o Community Workshop (May 22, 2013)
o Community Leader Focus Group (May 29, 2013)
o Education Expert Interviews (May — June 2013)
o Moving Listening Sessions (June 1, 2013)
o Extended Outreach (May — July 2013)
o National Night Out (August 6, 2013)
o Community Questionnaire
• Identified Key Needs:
o Accessible and connected parks and recreational opportunities
o Walking and biking, health and wellness
o Socializing, gathering and a sense of community
o Opportunities for all
o Affordable and convenient opportunities
• Strategic Plan Integration
o Opportunities for all
o Inviting and connected places
o A sense of community
o Health and wellness
• Reality Affects Travel Distance:
o Various factors affect travel distances to recreation facilities including:
• Transportation network, including trails, sidewalks, crosswalks
• Barriers, such as major roadways, washes, railroads, property ownership
• Recreation Programs:
o Participation
o Cost recovery goals
o Program gaps
• Demand
■ Awareness
■ Schedule
• Affordability
• Alternatives
• Location
• Implications:
o Maximizing the existing system
o Refining service goals for programming
o Recognizing the importance of partners
o Fostering ongoing interaction within the community
The Council asked clarifying questions of Mr. Motthau and staff and exchanged comments to include:
What the Council's role is relating to the development of the PROS Plan; additional details relating to who
is renting space at the Tukwila Community Center and picnic shelters (residents and non - residents); a
request for the Council to be provided a copy of the community needs questionnaire; what costs are
associated with maintenance and security of City parks; an addition of a dog park within the City; and
identifying the balance that will meet the neighborhood needs relating to parks and unstructured play
space.
Rick Still, Parks and Recreation Director, explained the role of the Council is to adopt the final plan that
includes policies and a 6 -year Capital Pian. The intent is to use the PROS Plan as an element of the
City's Comprehensive Plan.
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August 26, 2013 Page 3 of 7
Mr. Motthau clarified there are several questions to be answered relating to use of parks and facilities as
part of the PROS Plan update. The next steps in the planning include review and refinement of the needs
analysis and discussion of preliminary strategies for the next phase of the process.
The Council thanked Mr. Motthau for the update and presentation.
CITIZEN COMMENTS
There were no citizen comments.
PUBLIC HEARING
a. An ordinance relating to a Zoning Code amendment to the Tukwila Municipal Code that would
add state - licensed marijuana retailers, processors and producers as permitted uses in the Tukwila
Valley South and Heavy Industrial zones, repealing Ordinance No. 2405.
8:16 p.m. Council President Hougardy opened the Public Hearing.
Stacy MacGregor, Assistant Planner, explained the proposed zoning code amendments would allow
marijuana producers, processors and retailers as uses in the Tukwila Valley South and Heavy Industrial
zones. The legalization of medical cannabis in 2011 and the passage of 1 -502 in 2012 resulted in two
sets of regulations relating to cannabis. Ms. MacGregor utilized a PowerPoint presentation on the
proposed Zoning Code amendments and Key Elements to Initiative 502. Highlights of the presentation
included the following:
• 1 -502 Key Elements:
o Decriminalizes possession of one ounce of marijuana
o Legalization system of producing, processing, and retailing marijuana for adults 21 and
older
o Creates a system of licensing, regulations and taxation similar to alcohol:
• Licenses to be issued for marijuana producers, processors and retailers
o State to receive 25% tax on all three license levels and local sales tax applies
o 1 -502 does not change medical cannabis regulations
• Purpose of update to the City Code:
o Implement the will of the voters, 57% of Tukwila voters supported 1 -502
o State or Federal law:
• Marijuana is a schedule 1 Controlled Substance, and subject to the Controlled
Substances Act.
• No state may authorize violations of federal law and the Controlled Substances
Act supersedes state regulation of marijuana.
• States may decriminalize behavior and refuse to enforce federal law.
o Adding a permitted use for marijuana retailers, processors, and producers in the Tukwila
Valley South and Heavy Industrial zones would bring the City code in -line with 1 -502,
while regulating marijuana uses to minimize impacts to the extent allowed under state
law.
o State Liquor Control Board has stated they will not allow marijuana uses within residential
zones.
o Additional zones could be added in the future or established zones could be eliminated.
• If zoning changes result in removing a zone where a use is located, the use will
then become legally non - conforming and could remain indefinitely.
• Timelines:
o State:
• State Liquor Control Board is expected to publish the proposed rules on
September 4, 2013 with a 30 -day comment period, and possible adoption
October 16, 2013. November 2013 they start accepting license applications for
30 days, and licenses to be issued December 1, 2013.
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August 26, 2013 Page 4 of 7
o City:
• On August 5, 2013 the City adopted a moratorium (Ordinance No. 2405) on
recreational marijuana uses that disallows vesting while the City develops and
adopts zoning code amendments.
• Adopt the proposed zoning code amendments on September 3, 2013 and repeal
the moratorium relating to recreational marijuana.
• Review City codes after the close of the 2014 Legislative Session to reflect any
State changes and address medical cannabis rules.
Council President Hougardy called for public comments.
Chuck Parrish, 4430 South 150th Street, stated the frame for his comments centers around 1) the voters
of Tukwila have already decided what is acceptable for them, and 2) when thinking about the marijuana
issue, it should be thought of in the same manner as alcohol. He congratulated staff for the good job
detailing the background issues, and he concurs with the staff recommendation for regulation. However,
he feels limiting the zoning to Tukwila Valley South and the Heavy Industrial areas is very restrictive, and
he does not support excluding residential zones. Statewide support for 1 -502 was just over 55 %, and in
the City, 57% of voters supported the initiative. Translated, this means the voters were comfortable with
the pre- determined 1,000 foot buffer. There is no evidence that security concerns could not be
addressed in other locations throughout the City, and that there will be odor issues. It is in the best
interests of the business owners and commercial property owners to deal with such concerns. The
proposed amendments have been vetted by the City Attorney and Tukwila Police, which simply means
that the amendments would be legal, not that they are the best option for the Tukwila residents and
business community. The proposed Tukwila Valley South area property is primarily owned by a single
property owner. This puts future business owners in an unfortunate position where they will not be able
to negotiate for space or if the property owner decided they did not want to allow the marijuana uses, then
the businesses will have no options within Tukwila. He recommends the Council have the regulations
reflect the will of the people who voted for 1 -502.
8:33 p.m. Council President Hougardy closed the public hearing.
SPECIAL ISSUES
a. An ordinance relating to a Zoning Code amendment to the Tukwila Municipal Code that would
add state - licensed marijuana retailers, processors and producers as permitted uses in the Tukwila
Valley South and Heavy Industrial zones, repealing Ordinance No. 2405.
Councilmember Ekberg indicated this item was discussed at the Community Affairs and Parks Committee
meeting on August 12, 2013. The committee members were unanimous in recommending approval.
The proposed code changes would add state - licensed marijuana retailers, processors and producers as
permitted uses in the Tukwila Valley South (TVS) and Heavy Industrial (HI) zones and repeal the
moratorium on recreational marijuana uses adopted by Ordinance No. 2405 on August 5, 2013.
The Councilmembers exchanged comments and asked clarifying questions of staff on the draft ordinance
to include: Support of the staff recommendation to begin small with zones allowing production,
processing and retailing of recreational marijuana; Awareness that the State allows cities to establish
zoning regulations and, without established regulations, the state could allow these activities throughout
the City; Recognition that the proposed regulations protect the residential neighborhoods;
Acknowledgement that the regulations are strictly for production, processing and retailing of marijuana
and it does not regulate other uses.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM, WITH OPTION C (REGULATE
MARIJUANA RETAILERS, PROCESSORS, AND PRODUCERS), TO THE NEXT REGULAR MEETING.
8:56 p.m. Council President Hougardy called for recess to allow the videographer to change
discs.
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August 26, 2013
Page 5 of 7
8:59 p.m. Council President Hougardy resumed the meeting.
b. Study /report options for Allentown and the Burlington Northern Santa Fe (BNSF) Intermodal
Facility.
Kimberly Matej, Government Relations Manager, explained staff is seeking Council direction regarding
City participation in two unbudgeted studies pertaining to the BNSF Intermodal Facility located in the
Allentown neighborhood. This item was originally to be discussed at the August 12, 2013 Committee of
the Whole Meeting; however, due to emergency issues staff was not able to attend.
The BNSF South Seattle Intermodal Facility located in Allentown became operational in 1970. In 1989,
the Allentown neighborhood was annexed into the City. In 1995. the majority of the zoning for the area
was changed to Low Density Residential (LDR), and the City invested in the City's overall vision for the
neighborhood by building the Tukwila Community Center and Fire Station #53, and installed sewer and
surface water (10 -year project) systems. Over the past 3 years, the community has re- engaged with the
Council over their concerns of the impacts BNSF has on the community. The City has been having
regular meetings with BNSF representatives, and the Council and Administration have engaged federal
legislators in the conversations and needs of the Allentown community through incorporation of the issues
in the City's federal briefing book.
The Council is being asked for a policy decision relating to the two proposed unbudgeted items. The first
item requiring Council direction relates to funding to conduct a neighborhood livability study. The City
would hire a consultant through a Request for Qualifications (RFQ) process that would identify what the
impacts the BNSF Intermodal Facility has on the Allentown community, and suggest and /or identify
potential mitigation that could be in response to those impacts.
The second item is a request through BNSF for the City to participate in a 30% design report for a
southern ingress /egress into the intermodal facility. BNSF has suggested a 50/50 split between BNSF
and the City for the design report. The report is estimated to cost approximately $300,000, and the City's
portion would be approximately $150,000. Staff has prepared a draft Capital Improvement Program (CIP)
page to include proposed partial funding from the Arterial Street fund.
Ms. Matej explained staff is seeking Council direction on whether there is interest in conducting both
studies (the livability study and the 30% design report), only one study, or not conducting either study.
Councilmember Duffie requested clarification on what the 30% design report would entail.
Ms. Matej explained the 30% design report would include an Environmental Impact Statement (EIS) and
project timelines, as well as provide the estimated costs associated with construction of an alternate
entrance into the facility.
Councilmember Robertson said because this item is unbudgeted, he suggested a $100,000 cap for
funding of a livability study. If the cost exceeds that amount, he requested staff return to Council for
discussion. Relating to the 30% design report, he would support the proposed funding of that item in an
amount not to exceed $150,000. He commented that while he supports funding for the 30% design
report, it does not mean he supports construction of the proposed bridge. Support for construction of an
alternate entrance to the facility would depend on many factors including results of the design study and
what the impacts would be to the Allentown community. There are no assurances as to how the results
will be received by BNSF, and how willing they are to work with the City to resolve the issues.
Councilmember Ekberg commented the City has the opportunity to do something about the issues
surrounding BNSF and the issues within Allentown, and he supports the proposed funding to conduct
both studies.
Councilmember Seal voiced her support for funding the livability study and the 30% design report. She
commented that some of the residents have voiced their desire to be part of the drafting process relating
to the RFQ.
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August 26, 2013
Page 6 of 7
Ms. Matej said upon Council direction relating to the livability study, staff will begin the process of
formulating the RFQ statement. While the City will handle the technical aspect of the RFQ, it is
anticipated that community input will be included in portions of the RFQ statement.
Councilmember Quinn agreed with the previous statements by fellow Councilmembers. He also
concurred that the Allentown residents should be allowed to participate in the RFQ process and thanked
them for their commitment on these issues.
Councilmember Kruller thanked the residents for their commitment and patience on these issues. She
voiced her support on funding for the two separate studies.
Lisa Krober, 11830 42nd Avenue South, thanked the Council for considering these issues. She
commented that BNSF has made it clear they are not interested in participating in mitigation efforts. In
time spent in Senator Maria Cantwell's office, she has said they needed a specific "ask" item. With these
items the City now has something, where Senator Cantwell can go to BNSF and ask them if they are
willing to finance the mitigation. She feels it would not be unreasonable for the City to request BNSF to
protect those whom they impact. She urged the Council to move forward with strong words in asking
BNSF to be responsible and provide mitigation. Ms. Krober referenced several projects throughout the
area where part of the construction included some type of mitigation for those who were impacted by the
projects.
Sean Albert, 4023 South 114th Street, stressed to the Council that mitigation is a very important
component of the process. He feels the proposed bridge would provide the quick, easy access BNSF
desires, and he supports community input in the RFQ.
Josh Farris, 4408 South 124th Street, thanked the Council and audience for the great comments relating
to these issues. He said that while he appreciates the Council's support relating to the 30% design study,
the mitigation study should be a priority. Mitigation is the most important item for the Allentown
community. He stated the homes in Allentown were built prior to the railroad establishing a presence,
and the City and community should not be intimidated by BNSF.
Ms. Matej explained that the proposed livability study is in no means mitigation; there is no guarantee that
BNSF will accept the proposed mitigation. Completion of the livability study will provide the City with a
picture of what meaningful mitigation could be for the Allentown neighborhood. Additionally, clarification
was provided that the Council's support of the 30% design report aids the communication process
between BNSF and the City. Upon agreement between the City and BNSF on this issue, staff will return
to Council for additional approval.
COUNCIL CONSENSUS EXISTED TO FORWARD THE LIVABILITY STUDY ITEM TO THE NEXT
REGULAR MEETING AND HAVE CITY ADMINSTRATION BEGIN COMMUNICATION WITH BNSF
RELATING TO THE 30% DESIGN STUDY.
c. Fire Department Interlocal Agreement for Zone 3.
Councilmember Robertson indicated this item was discussed at the Finance and Safety Committee
meeting on August 20, 2013. The committee members were unanimous in recommending approval.
The Tukwila Fire Department is seeking Council approval to enter into a Master Interlocal Agreement with
the King County Fire Zone 3 participating agencies. The master agreement includes common language
that will be applicable to future agreements, thereby reducing time and expense associated with drafting
future agreements. All major Zone 3 partnering agencies except for Renton and Tukwila entered into the
agreement in 2012. The language has been reviewed by the City Attorney's Office, and staff
recommends this action as a code - effective step for the City.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE CONSENT AGENDA FOR THE
NEXT REGULAR MEETING.
Tukwila City Council Committee of the Whole Minutes
August 26, 2013
Page 7of7
REPORTS
a. Mayor
There was no report.
b. City Council
Councilmember Seal announced that she will be on vacation September 1 -6, 2013.
Councilmember Kruller attended the August 20, 2013 AWC Legislative and Government Relations
Committee meeting, where she represented the City and Sound Cities Association. On August 23, 2013
she attended the Vietnamese Martyrs Church ribbon - cutting event.
Council President Hougardy attended the recent PROS Plan Technical Advisory Group (TAG) meeting.
She reminded the Council to respond to the request for potential dates for the upcoming Joint City
Council/Tukwila School Board meeting.
c. Staff
There was no report.
d. City Attorney
The City Attorney's presence is not required at Committee of the Whole meetings.
e. Intergovernmental
There was no report
ADJOURNMENT
9:46 p.m. COUNCIL PRESIDENT HOUGARDY DECLARED THE COMMITTEE OF THE WHOLE
MEETING ADJOURNED.
16.4 h eu (Lea—
K athy Hou al y, C uncil� resident
Melissa Hart, Deputy City Clerk
APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 10/03/2013
AVAILABLE ON THE CITY'S WEBSITE 10/03/2013