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.
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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
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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.
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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
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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