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HomeMy WebLinkAbout2013-07-22 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers July 22, 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 7:04 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; Shelley Kerslake, City Attorney; Bruce Linton, Assistant Police Chief; Chris Flores, Acting Fire Chief; Bob Giberson, Public Works Director; Jack Pace, Community Development Director; Stacy MacGregor, Assistant Planner; Joyce Trantina, Project Analyst; Kimberly Walden, Municipal Court Judge; Trish Kinlow, Court Administrator; Mary Miotke, Information Technology Director; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS Kelli Turner, 4052 South 150th Street, stated she is concerned about a vacant house located at 4050 South 150th Street. She explained the Tukwila Police were called about individuals entering the vacant home. The window blinds at the home have been closed so neighbors are not able to see into the house. She feels this presents a safety issue. She asked that this vacant house be addressed as an abandoned building and asked for any assistance in finding a way to have the window blinds opened. Henry Marvin, 5327 South 140th Street, said he was speaking about issues associated with Joseph Foster Memorial Park. He explained that people /groups can rent the park for events and a group that rented the park July 21, 2013 used an amplified sound system. Usually they will play music over the system or use it to speak to large groups. He feels the use of these types of sound systems at City parks should not be allowed when the park is situated within a residential neighborhood. In the past, his family has called the Parks and Recreation Department and Police about the issue, and he wanted to inform the Council of the ongoing problem. Councilmember Duffie stated he received several calls about the noise issues at the park on July 21, 2013, and he feels the Council needs to deal with this issue. Joseph Foster Park is in his neighborhood, and he has also experienced the issues regarding noise from amplified sound systems. As Chair of the Community Affairs and Parks Committee, Councilmember Ekberg stated the Committee could review the existing City policy surrounding amplified sound systems being used in City parks. Mayor Haggerton commented that there have been similar issues at Crestview Park. Councilmember Robertson felt the issue could be addressed by City Administration with a report back to the Council. Additionally, he suggested the City install video cameras in City Parks to help deter certain activities. Mayor Haggerton explained staff has investigated the costs associated with the installation of video cameras at City parks. He suggested this issue be referred to the Committee level for discussion. Councilmember Quinn thanked Mr. Marvin for informing the Council of this issue, and he looks forward to the Committee review of the Parks and Recreation policy relating to park rentals. Tukwila City Council Committee of the Whole Minutes July 22, 2013 Page 2 of 6 Brooke Alford, 4724 South 122nd Street, said she is speaking on behalf of Friends of the Hill. She explained that Friends of the Hill have been working with Miller Hull Architects on the design and construction of an interpretive kiosk for the Duwamish Hill Preserve. The kiosk will contribute to every visitor's first experience at the Duwamish Hill Preserve by providing education, context and opportunities to get involved, while simultaneously evoking the Hill's unique interplay of culture, ecology, history and community. Additionally, the Duwamish Hill Preserve has received approximately $500,000 for Phase 2 of the project. PUBLIC HEARING a. An ordinance renewing a moratorium related to medical cannabis collective gardens and dispensaries. On August 15, 2011, the City Council enacted Ordinance No. 2348, placing a moratorium on medical cannabis collective gardens and dispensaries, expecting the state to provide clarification on the statutes. On August 6, 2012, the City Council enacted Ordinance No. 2379, which renewed a one year moratorium on medical cannabis collective gardens and dispensaries. The current moratorium is set to expire on August 13, 2013. 7:31 p.m. Council President Hougardy opened the Public Hearing. Stacy MacGregor, Assistant Planner, explained the draft ordinance is a renewal of a moratorium on medical cannabis collective gardens and dispensaries. The moratorium adopted in late 2011 was in response to the State Legislature, which partially legalized medical cannabis uses, dispensaries and collective gardens. The State Legislature has yet to clarify the rules associated with medical cannabis. In November 2012, Initiative 502 was passed, decriminalizing recreational marijuana use and allowing for state licensed recreational marijuana retailers, processors and producers. The new law did nothing to change the medical cannabis law. The two laws are overseen by different state agencies, and among other issues, provide different levels of oversight, licensing, and quantities of marijuana allowed for possession and production. Staff is requesting a renewal of the moratorium to allow the state to provide the necessary clarification. Council President Hougardy called for public comments. There were no public hearing comments. 7:33 p.m. Council President Hougardy closed the public hearing. b. An ordinance establishing a moratorium relating to marijuana producers, processors and retailers. On November 6, 2012, Washington State voters passed Initiative 502, decriminalizing recreational marijuana and creating a regulatory process to license recreational marijuana producers, processors and retailers. The State rules relating to this initiative are being finalized, and it is anticipated that the State will begin to issue licenses on December 1, 2013. Staff is proposing to establish a moratorium for 6 months and asking Council to direct staff to draft a Zoning Code amendment to establish location standards for recreational marijuana uses. 7:33 p.m. Council President Hougardy opened the Public Hearing. Ms. MacGregor stated the passage of Initiative 502 decriminalized recreational marijuana use and allows for state licensed recreational marijuana retailers, processors and producers. It is anticipated that the Washington State Liquor Control Board will adopt rules on August 14, 2013 relating to recreational marijuana use, retailers, processors and producers. They are expected to start accepting applications for retailers, processors and producers on September 14, 2013, for a 30 -day window. The City will have 20 days to respond to the applications. Staff is preparing draft Zoning Code amendments to address this issue that will be reviewed by the Planning Commission on July 25, 2013, with Council review in August Tukwila City Council Committee of the Whole Minutes July 22, 2013 Page 3 of 6 2013. The Council is being asked to adopt a moratorium on marijuana producers, processors and retailers to prevent vesting of unauthorized uses in advance of the proposed Zoning Code amendments. Council President Hougardy called for public comments. There were no public hearing comments. 7:35 p.m. Council President Hougardy closed the public hearing. SPECIAL ISSUES a. An ordinance renewing a moratorium related to medical cannabis collective gardens and dispensaries. Councilmember Ekberg indicated this item was discussed at the Community Affairs and Parks Committee meeting on July 8, 2013. The committee members were unanimous in recommending approval. The City Council enacted Ordinance No. 2348 establishing a moratorium on medical cannabis collective gardens and dispensaries, expecting the state to provide clarification on the statutes, and Ordinance No. 2350 was adopted as findings. On August 6, 2012, the City Council enacted Ordinance No. 2379, which renewed a one year moratorium on medical cannabis collective gardens and dispensaries. The current moratorium is set to expire on August 13, 2013. In November 2012, Initiative 502 was passed, decriminalizing recreational marijuana use and allowing for state licensed recreational marijuana retailers, processors and producers. The new law did nothing to change the medical cannabis law. The two laws are overseen by different state agencies and among other issues, provide different levels of oversight, licensing, and quantities of marijuana for possession and production. Included in the state budget is provisional language providing direction to the State Liquor Control Board to harmonize the medical cannabis and recreational marijuana laws. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. An ordinance establishing a moratorium relating to marijuana producers, processors and retailers. Councilmember Ekberg indicated this item was discussed at the Community Affairs and Parks Committee meeting on July 8, 2013. The committee members were unanimous in recommending approval. In the fall of 2012, Washington State voters passed Initiative 502, which directs the Washington State Liquor Control Board (WSLCB) to regulate recreational marijuana producers, processers and retailers. On May 17, 2013, the Liquor Control Board released draft rules regarding the implementation of 1 -502. On June 10, 2013, the WSLCB announced a revised timeline for final adoption of regulations. The final rules are set to go into effect on September 14, 2013, with applications for licenses being accepted during a 30 -day window from mid - September to mid - October. The WSLCB will begin issuing licenses on December 1, 2013. This is sooner than expected and necessitates a moratorium while new code provisions are drafted to allow the City to consider the primary and secondary impacts of commercial recreational marijuana as a use. Under the State's draft rules, a local jurisdiction will be notified when a license application is filed with the WSLCB and the City will have 20 days to file written objections. The WSLCB's siting criteria will prohibit recreational marijuana commercial uses generally within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers. The Tukwila City Council may wish to create a zoning overlay to allow commercial recreational marijuana use only in certain zones in the City and /or subject to certain location standards. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Tukwila City Council Committee of the Whole Minutes July 22, 2013 Page 4 of 6 c. An Interlocal Agreement with King County on acquisition services for Duwamish Gardens. Councilmember Ekberg indicated this item was discussed at the Community Affairs and Parks Committee meeting on July 8, 2013. The committee members were unanimous in recommending approval. King County provided real estate acquisition services for the original purchase of the Duwamish Gardens site in 2008. Additional services are needed from King County for the Amalfi Investment proposal to exchange approximately 2,700 square feet of the existing Duwamish Gardens site for a larger portion of Amalfi and totaling approximately 16,500 square feet, with 260 linear feet of river frontage. Council is being asked to approve the acquisition services agreement with King County in the amount of $50,000. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. An Interlocal Agreement with King County for the F -Line RapidRide Intelligent Transportation System (ITS) Improvements. Councilmember Kruller indicated this item was discussed at the Transportation Committee meeting on July 9, 2013. The committee members were unanimous in recommending approval. Bob Giberson, Public Works Director, explained King County Metro received a grant in 2011 through the Federal Transit Authority (FTA) for the F -Line RapidRide Project. The Metro F -Line service route will include service through Tukwila. The Council is being asked to consider the Interlocal Agreement between King County Metro Transit, Burien, SeaTac, Renton, and Tukwila for the design, construction, ownership, and maintenance of the F -Line RapidRide Fiber Optic Project. The Interlocal Agreement defines how all agencies will work together in implementing the F -Line, provisions for ongoing maintenance and repair, and sharing the new fiber optic cables. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. e. A bid award for the 2013 Annual Sewer Repair Program. Councilmember Duffie indicated this item was discussed at the Utilities Committee meeting on July 15, 2013. The committee members were unanimous in recommending approval. Mr. Giberson explained it was discovered in December 2012 that two residents were not connected to the public sanitary sewer system. In addition, a 10 -foot section of sewer main needs to be replaced as a tree root is blocking the sewer pipe. Four firms from the MRSC Small Works Roster submitted bids and King Construction Co., Inc. submitted the low bid. The Council is being asked to award the contract to King Construction in the amount of $49,056. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. f. Discussion regarding a lease agreement with Alliance One Receivables Management for use of space in the Municipal Court. David Cline, City Administrator, explained the City has had an annual lease agreement with Alliance One since 2009. The Tukwila pay station was the first in King County, and since then Alliance One has opened a pay station in Seattle and Kent. On January 23, 2013, the Finance and Safety Committee recommended that a 6 -month lease be approved, and requested that staff return to a future Council meeting for direction relating to Alliance One. Kimberly Walden, Municipal Court Judge, explained Alliance One is the company with which Tukwila Municipal Court contracts collection services for unpaid court fines and fees. The Court and Alliance One have a very important relationship. More importantly, the Alliance One window provides opportunities for our court customers to remain in compliance with court ordered payments of fines and fees. Driving without a license is a significant crime in Tukwila, and she feels the co- location is an access to justice. This company also manages long -term payment plans for our customers who are not in Tukwila City Council Committee of the Whole Minutes July 22, 2013 Page 5 of 6 collections (Signal Credit). This lease agreement was encouraged by the court in order to better support county and state -wide re- licensing efforts. The Council discussed this issue and exchanged comments to include: support to continue the program and new lease for Alliance One; option to relocate the Alliance One pay station to another City facility; the limited amount of visitor parking at City Hall; installing time limited parking signs; issuing parking decals to employees; relocation employee parking, and monitoring the parking lot for unauthorized use by surrounding businesses. Mayor Haggerton commented that this is where Administration and the judicial branch of the City did not agree, and he was trying to address the issue on behalf of City staff. Council President Hougardy stated there is consensus to continue with the lease agreement and to have Administration negotiate the new lease term. COUNCIL CONSENSUS EXISTED TO FORWARD A LEASE AGREEMENT TO THE AUGUST 5, 2013 CONSENT AGENDA. REPORTS a. Mayor Mayor Haggerton attended the King County Library System "Let's Read" event on July 17, 2013 at the Southcenter location. Later that day he met with the new Tukwila School Superintendent, Dr. Nancy Coogan. b. City Council Councilmember Duffie attended the July 19, 2013 ribbon - cutting event at the new Subway location (305 Tukwila Parkway). Councilmember Robertson attended the recent Parks Commission meeting where the presentation was on the snail (mollusks) species at Crystal Springs Park. The presentation provided information on the seven different types of snails identified at Crystal Springs Park. He explained the City's Comprehensive Plan does not address the protection of clear springs such as the one located within the park. He feels this should be addressed during the upcoming Comprehensive Plan amendment review. Councilmember Quinn attended the recent Volunteer Appreciation event hosted by the Parks and Recreation Department. Councilmember Kruller represented the City at the July 16, 2013 South County Area Transportation Board (SCATBd) meeting. On July 17, 2013 she represented Sound Cities Association at the King Conservation District Task Force meeting. She attended the Tukwila Parks and Recreation Volunteer Appreciation event on July 18, 2013, and later that evening the Tukwila Historical Society meeting. On July 19, 2013 she attended the Movies on the Green event at the Foster Golf Course. On July 20, 2013 she facilitated a meeting between the Burien Historical Society and Tukwila Historical Society, and later that afternoon she attended the memorial for Betty Gully. Council President Hougardy attended the recent Volunteer Appreciation event hosted by the Parks and Recreation Department. On July 19, 2013 she attended the ribbon- cutting event at the new Subway location, and the July 21, 2013 event at the Watt Saranaram International Buddhist Center (15241 51st Avenue South). She reminded the Council of the Touch -a -Truck event to be held on July 27, 2013 at Foster High School. c. Staff There was no report. Tukwila City Council Committee of the Whole Minutes July 22, 2013 Page 6 of 6 d. City Attorney There was no report. e. Intergovernmental There was no report. ADJOURNMENT 8:46 p.m. COUNCIL PRESIDENT HOUGARDY DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED TO CONVENE A SPECIAL MEETING. Melissa Hart, Deputy City Clerk APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 08/05/2013 AVAILABLE ON THE CITY'S WEBSITE 08/06/2013