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HomeMy WebLinkAbout2009-11-02 Regular MinutesTukwila City Council City Hall Council Chambers MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE /ROLL CALL Regular Meeting November 2, 2009 7:00 P.M. Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:03 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Pam Linder, Dennis Robertson, Verna Griffin, Kathy Hougardy, De'Sean Quinn. CITY OFFICIALS Jim Haggerton, Mayor; Rhonda Berry, City Administrator; Shelley Kerslake, City Attorney; Shawn Hunstock, Finance Director; Bob Giberson, Interim Public Works Director; Jack Pace, Community Development Director; Brandon Miles, Senior Planner; David Haynes, Police Chief; Bruce Fletcher, Parks and Recreation Director; Evelyn Boykan, Human Services Manager; Mary Miotke, Information Technology Director; Kimberly Matej, Council Analyst; Christy O'Flaherty, City Clerk. SPECIAL PRESENTATIONS a. Promotion of Eric Lund to the position of Sergeant in the Police Department David Haynes, Police Chief, asked for a moment of silence in the Council Chambers to pay respects to Seattle Police Officer, Timothy Brenton, who was killed in the line of duty on October 31, 2009. There was silence in the City of Tukwila Council Chambers in honor of Officer Brenton and his family. Chief Haynes introduced Eric Lund who has been promoted to the position of Sergeant in the Police Department. Sergeant Lund is a 13 -year veteran of the Tukwila Police Department and a graduate of Foster High School in Tukwila. He has a Bachelor's Degree in Criminal Justice from Central Washington University and has been described as passionate, knowledgeable, and hard working. Mayor Haggerton administered the Oath of Office to Sergeant Lund, and his wife and children assisted with pinning on his badge. Sergeant Lund conveyed that having grown up in Tukwila, he has a special appreciation for the citizens and is thankful for this opportunity to serve the City. b. Acceptance of a donation for the Codiga Park Improvement project from the Duwamish Improvement Club Members of the Duwamish Improvement Club, Mary Ellen Whitehead, Joanne McManus, James Barnett, Triva Gomez, Dan Aragon, and Audrey Davis came forward to provide the City with a donation of $5,221.29 to be used for the Codiga Park project. The Duwamish Improvement Club is a neighborhood enhancement group that has disbanded, and the money left in their account balance is being donated to the City for this worthwhile project. Mayor Haggerton and the City Council expressed sincere appreciation to the group for their ongoing commitment to the community and for the donation to Codiga Park. Tukwila City Council Regular Meeting Minutes November 2, 2009 Page 2 of 8 c. Update on Literacy Source Program Cat Howell, Community Literacy Project Coordinator Evelyn Boykan, Human Services Manager, explained that several years ago a summit was held regarding literacy issues in Tukwila. It was determined that English as a Second Language (ESL) programs should be handled in a different manner. Literacy Source has been serving the City for the past several years, providing literacy services in a variety of ways that best serve the community. Cat Howell, Community Literacy Project Coordinator, stated she is an ESL teacher and also coordinates the program throughout King County. The agency has been conducting ESL classes at the Samara Apartments and at local elementary schools for approximately 5 years. Conducting the classes at a local apartment building makes it easier for people to participate. They offer a variety of opportunities, to include ESL classes, basic skills, family literacy, citizenship /civic education, workplace literacy, and English conversation (talk time). Ms. Howell invited the Councilmembers to attend one of the educational sessions. The Councilmembers expressed appreciation for the essential services provided by the Literacy Source Program. CITIZEN COMMENTS Emmett Farrell, 14202 56 Avenue South, requested reconsideration of the decision to demolish the cabin near the river (5829 South 140 Street). Mr. Farrell indicated other citizens may want to enjoy the beauty of this cabin, which is a part of Tukwila's history. He questioned the cost estimates associated with repairing the cabin. He referenced a petition that he has circulated with 100 signatures on it that requests the City reconsider demolishing the cabin. Kim McCoy, 14202 5e Avenue South, spoke in support of Mr. Farrell's request and urged the Council to seek a way to save the cabin. Councilmember Hougardy inquired as to the process for putting a hold on the demolition. Shelley Kerslake, City Attorney, explained that on September 21, 2009, the Council adopted Resolution #1691 declaring this property as surplus. The bid for demolition of the house has not been awarded. The Council could make a motion to rescind Resolution #1691 with a two- thirds majority vote of the Council, which is required as there was no advance notice on this item. Once the bid has been awarded, the action is not rescindable. The Councilmembers discussed this issue and offered the following comments: openness to sending this item back to the Utilities Committee for further review; the importance of recognizing this project as part of the response to the Howard Hanson Dam flooding issue; awareness that as winter approaches, delays could present safety issues for properties in the area; acknowledgement that while the building is pleasing and in a nice location, it is not of historical significance; concern regarding the City being in the rental housing business; recognition and respect for the referenced petition on this matter; and apprehension regarding the potential liability for the City if the sand wall is not constructed as soon as possible. MOVED BY HOUGARDY, SECONDED BY DUFFIE TO ADD THIS ITEM TO TONIGHT'S AGENDA UNDER UNFINISHED BUSINESS, TO CONSIDER SENDING THE ISSUE BACK TO THE UTILITIES COMMITTEE. ROLL CALL VOTE: DUFFIE NO LINDER NO HERNANDEZ YES ROBERTSON NO GRIFFIN NO HOUGARDY YES QUINN NO MOTION FAILED 2 -5. Tukwila City Council Regular Meeting Minutes November 2, 2009 Page 3 of 8 Joanne McManus, 5610 South 133 Street, requested the Councilmembers give consideration to the people on Foster Point who are very concerned about potential flooding of their property. Councilmember Duffie indicated there will be a meeting regarding the Howard Hanson Dam at Tukwila Elementary School on Friday, November 13, 2009 from 6:30 p.m to 9:00 p.m. Bob Giberson, Interim Public Works Director, explained a meeting with the residents of the Foster Point neighborhood is forthcoming. New hydraulic maps were received this morning, and they are being reviewed by City staff. CONSENT AGENDA a. Approval of Minutes: 10/12/09 (Special); 10/19/09 (Regular) b. Approval of Vouchers #349710 #349999 and #200911021 in the amount of $1,605,920.95 MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. PUBLIC HEARING An ordinance relating to Diversion Facilities for the treatment of mentally ill and chemically dependent adults in crisis, adopting findings of fact to justify the moratorium adopted by Ordinance No. 2248. 7:49 p.m. Mayor Haggerton opened the public hearing and requested a staff report. Jack Pace, Community Development Director, indicated on September 8, 2009, the Council passed an ordinance establishing a 6 -month moratorium on the receipt and processing of building permit applications, land use applications and any other permit applications for diversion facilities and diversion interim service facilities. A public hearing must be held by November 8, 2009 for the purpose of adopting findings of fact in support of the provisions of the ordinance. Brandon Miles, Senior Planner, explained on September 15, 2009, following the City's adoption of the moratorium, the City filed a public records request for all documents pertaining to the proposed Request for Proposals (RFP) for the Crisis Diversion Facility. Staff from the City and King County also met on October 20, 2009 regarding the specifics of the County's proposal. The type of facility described in the RFP did not fit within the City's current Zoning Code, requiring a moratorium to be implemented so the issue could be studied. There is serious concern about the ability of the suggested use to comply with the City's zoning requirements. The City's Zoning Code does not specifically address the proposed use. While these facilities are licensed by the Department of Health and the Department of Social and Health Services as residential care facilities, the use would likely be inconsistent with residentially zoned uses and may also be inconsistent with commercial and industrial zoned uses. It is also unclear how the proposed facilities would impact City services, such as Police, Fire, and Human Services. The five policy goals for the Mental Illness and Drug Dependency (MIDD) plan adopted by the County are: 1. A reduction in the number of mentally ill and chemically dependent people using costly interventions like jail, emergency rooms, and hospitals; 2. A reduction in the number of people who recycle through the jail, returning repeatedly as a result of their mental illness or chemical dependency; 3. A reduction of the incidence and severity of chemical dependency and mental and emotional disorders in youth and adults; 4. Diversion of mentally ill and chemically dependent youth and adults from initial or further justice system involvement; and, 5. Explicit linkage with, and furthering the work of, other council directed efforts including the Adult and Juvenile Justice Operational Master Plans, the Plan to End Homelessness, the Veterans and Human Services Levy Service Improvement Plan, and the King County Mental Health Recovery Plan. Tukwila City Council Regular Meeting Minutes November 2, 2009 Page 4 of 8 Mr. Miles explained the Council is being asked to adopt the ordinance that establishes the findings of fact. This will allow staff time to examine the issues and bring a recommendation back to Council through the standard process, which involves the Planning Commission and Council Committee meetings. Mayor Haggerton called for public comments. John Bruels, 4715 118 Avenue SE, Bellevue, indicated he is a clinical social worker and has completed an internship with King County to help plan the Crisis Diversion facility. The message he would like to deliver is that this program is not a threat to the Tukwila community. It will provide an alternative to law enforcement intervention and jail for people affected by substance abuse and mental illness and can be a compliment to Tukwila programs. It is designed to steer people away from the costs associated with the court and jail system. He emphasized the facility is not for violent people or those who are suspected of felonies, and people will not be allowed to walk off unnoticed. There are similar facilities that are quite successful in Yakima and in San Antonio, Texas. He urged the Council to rescind the moratorium so the process can move forward. Amnon Shoenfeld, 8600 Inverness Drive NE, Seattle, is the Director of King County's Mental Health, Chemical Abuse and Dependency Services Program. In 2006 he led the planning process to identify the needs in the community with regard to mental illness and chemical abuse. The planning process involved hundreds of people, and crisis diversion was listed as one of the top 3 priorities in all of the stakeholder groups. Jails do not serve the needs of the mentally ill, and the monetary costs are exorbitant. The human costs to these individuals, as a result of ending up with a criminal record, hurts their employment and housing opportunities. Additionally, hospitals and emergency rooms end up housing people who should really be in a crisis diversion facility. In 2008 all Police Chiefs in King County, judges, the Prosecuting Attorney and Jail Director were invited to participate in the planning process. The exact site for the facility has not yet been determined, and a general area has been identified south of Seattle that does include the City of Tukwila. He requested that the moratorium not be in place for a long period of time, as it is crucial to begin the process for selecting a provider and moving forward. Cindy Spanton, 1927 187 Place SE, Bothell, is a licensed clinical social worker who has worked with a population of people who cannot speak for themselves. She has worked with these individuals in many capacities and spent personal time with them and has never felt endangered. They are disabled people who are trying to get along in a harsh world and do not belong in a jail setting. It starts them down a road they cannot get out of and is extremely traumatic. The diversion facility represents a well- researched attempt to make a difference for a population who really needs the assistance. She spoke highly of the process that King County has used in this effort, and it is considered to be a best practice model. She asked the Council to consider allowing the facility to be in the community, as it will be helpful to all involved. James Adams, 17200 SE 46 Street, Bellevue, was the former president of NAMI South King County. Mr. Adams has had personal experience with mental illness through his family members. He is also the outreach partner for the National Institute of Mental Health for the State of Washington. Taking people out of the jails and public safety system benefits everyone in the community. Statistics show that those who are not mentally ill are 10 times more likely to commit a violent act than someone with the most violent form of mental illness. Oftentimes the mentally ill are the victims of violent crime rather than the perpetrators. The proposed plan represents an ideal solution that is best for the community and the mentally ill. Additionally, public safety begins by taking care of those who cannot help themselves. He encouraged the Council to reconsider this issue and allow the selection process to continue. Bill Block, 3002 Cascadia South, Seattle, is the Project Director for the Committee to End Homelessness. The large planning group that was a part of this process had questions that involved criminal justice related issues. To be qualified to be part of the facility, persons must have limited to moderate criminal history and no history of violent criminal convictions on their record. There were also questions regarding uncooperative or combative individuals. In those cases the Crisis Diversion staff will temporarily detain the individual and contact law enforcement to take the person back to jail. He hopes the moratorium will be lifted, and he would like the City to work with King County to resolve any issues prior to the next six months. Tukwila City Council Regular Meeting Minutes November 2, 2009 Page 5 of 8 8:21 p.m Mayor Haggerton closed the public hearing. UNFINISHED BUSINESS a. An ordinance relating to Diversion Facilities for the treatment of mentally ill and chemically dependent adults in crisis, adopting findings of fact to justify the moratorium adopted by Ordinance No. 2248. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DIVERSION FACILITIES FOR THE TREATMENT OF MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS IN CRISIS, ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2248; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY HERNANDEZ, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7 -0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Councilmember Linder recognizes that those who are mentally ill or chemically dependent require treatment as opposed to time in jail. It is also important for the Council to exercise due diligence and carefully examine all of the information. This issue has moved quickly without Tukwila's involvement, and time is needed for the City to get up to speed. Council President Hernandez indicated the Tukwila Municipal Code does not have provisions that address these types of facilities. It is important to the Council that the project meets the requirements of the Comprehensive Plan. Additional time is needed to acquire necessary information. It may be helpful for members of the Council to visit a similar facility. Councilmember Robertson asked who would be coming to this facility. Brandon Miles, Senior Planner, indicated the documentation shows approximately 3,600 people per year would come to the facility as consumers. There would also be workers coming to the facility who would staff it 24 hours per day. Councilmember Robertson referred to an editorial by Mike Johnson, Director of the Men's Shelter of the Seattle Union Gospel Mission, titled "Mental Health Policies are Killing People." The article references those mentally ill individuals who are free in the community and sometimes kill others. Mr. Robertson said the mentally ill are often taken advantage of in the criminal justice system, and he is in favor of diversion facilities. However, it is important where the facilities are placed, and the public safety of the citizens of Tukwila is his first priority. Councilmember Robertson expressed disappointment at Tukwila not being included in this process from the beginning. There is a great deal the City has to learn and evaluate in order to fully understand the impacts to the City. He will be voting in favor of the moratorium in order to give the City the necessary time to investigate the issue. Councilmember Griffin recognizes the need for this type of facility, and she is familiar with the agency in San Antonio and it is working very well. It is important for the Council to ensure the best location is chosen for the facility, and time will be needed for due diligence to be performed. She applauded the work that has been done up to this point. Councilmember Hougardy stated there is no question that this facility is a good idea. The issue for the City has to do with the process and why Tukwila was not at the table for the discussions that have been occurring over the past several years. Councilmember Quinn inquired why Tukwila did not update the code when the RFP was issued. Tukwila City Council Regular Meeting Minutes November 2, 2009 Page 6 of 8 Brandon Miles, Senior Planner, stated the geographical location in the RFP was not specific. It was limited to an area that included Tukwila, SeaTac, South Seattle and parts of Renton, with the ideal location being south of downtown and north of Southcenter, between 2 highways. City staff became aware of the situation when people came to the front counter inquiring about the zoning implications. The City had not been provided a copy of the RFP by the County at that time and had to seek one out. At the Mental Illness and Drug Dependency (MIDD) Oversight Committee meeting on November 20, 2008, the Chair asked what the proposed facility location was expected to be, and the answer was "Tukwila." In the spring of 2009, Tukwila staff contacted the County and inquired about the situation and was told no decisions had been made. Councilmember Quinn was surprised that staff members from Tukwila's Human Services Office were not invited to participate in the planning group. Mr. Miles explained that the Police Chief and Human Services staff members did receive invitations to participate in an overall process. However, they were not aware of the possibility of the facility being sited in Tukwila. Councilmember Quinn conveyed it is difficult to determine the implications to the City without wider involvement, and code changes cannot be taken lightly. Councilmember Duffie expressed support for the 6 -month moratorium and conveyed the importance of the City's involvement in matters that significantly impact the citizens of Tukwila. *MOTION CARRIED 7 -0 TO ADOPT ORDINANCE NUMBER 2259. b. Authorize the Mayor to sign an Authorization for Transfer of Funds #BT09 -006) in the amount of $392,416.00 from various City Departments to the General Fund to provide for 2009 departmental budget reductions. MOVED BY LINDER, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN AN AUTHORIZATION FOR TRANSFER OF FUNDS #BT09 -006) IN THE AMOUNT OF $392,461.00 FROM VARIOUS CITY DEPARTMENTS TO THE GENERAL FUND TO PROVIDE FOR 2009 DEPARTMENTAL BUDGET REDUCTIONS. MOTION CARRIED 7 -0. c. Authorize the Mayor to sign a contract with M. J. Durkan, Inc. for 2010 lobbying services, in the amount of $4,000.00 per month, plus expenses that shall not exceed $500 per month. MOVED BY LINDER, SECONDED BY DUFFIE TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH M. J. DURKAN, INC. FOR 2010 LOBBYING SERVICES IN THE AMOUNT OF $4,000.00 PER MONTH, PLUS EXPENSES THAT SHALL NOT EXCEED $500 PER MONTH. MOTION CARRIED 7 -0. REPORTS a. Mayor Mayor Haggerton reported that representatives from FEMA and the Washington State Department of Transportation met with Tukwila staff at City Hall on October 27, 2009 to ensure a collaborative approach to the potential flood issues relative to the Howard Hanson Dam. On October 28, 2009, the Mayor attended a SCORE jail meeting. An $86 million bond issue is underway, with an interest rate of 4.14 He also attended the Cascade Water Alliance Board Meeting on October 28, 2009. It is anticipated that the purchase of Lake Tapps should be finalized by mid November 2009. Later that evening, he attended the Tukwila School District Technology Committee meeting at the Foster Library. The School Board has determined that a $6 million bond issue will be placed on the February 2010 ballot to bring the district up to standards with regard to technology. On October 29, 2009 the City received a very favorable review for the fiscal period of 2008 at the State Auditor's Exit Conference. The Mayor also attended the October 30, 2009 Valley Communications Board Meeting and the October 31, 2009 Soroptimist Club Meeting. Tukwila City Council Regular Meeting Minutes November 2, 2009 Page 7 of 8 b. City Council Councilmember Duffie indicated there will be a Veterans Day event at Tukwila Elementary School on November 10, 2009 at 9:30 a.m. There will also be a meeting regarding the Howard Hanson Dam at Tukwila Elementary School on Friday, November 13, 2009 from 6:30 p.m to 9:00 p.m. Councilmember Linder stated that meetings have been taking place regarding siting the new Fire Station that is part of the Tukwila South project. She will keep the Council informed as to next steps as more information becomes available. Councilmember Hernandez attended the State Auditor's Exit Conference on October 29, 2009 and was impressed with the positive report. She also attended the Lodging Tax Advisory Board Meeting that same day. The Tourism Office is temporarily located at 19415 International Boulevard. Ms. Hernandez also attended the Tukwila School District Summit II Needs Assessment Task Force on October 29, 2009. Councilmember Quinn attended the Family Fright Night event on October 29, 2009 at the Tukwila Community Center and felt it was very well done. c. Staff There was no report. d. City Attorney There was no report. e. Intergovernmental Kimberly Matej, Council Analyst, reminded the Council of the Budget Update and CIP Review this Thursday, November 5, 2009 at the Tukwila Community Center Social Hall beginning at 5:00 p.m. MISCELLANEOUS Councilmember Duffie complimented the Public Works Department crews for the work done on the lot near South 144 Street and Tukwila International Boulevard. Mayor Haggerton indicated a local area city had previously offered to be the location for the Crisis Diversion Facility. Councilmember Hougardy expressed concern regarding a scheduling conflict that will prevent her from attending the Shoreline Master Program (SMP) Workshop on November 17, 2009. She requested clarification regarding scheduling meetings when all members of the Council may not be able to attend. She feels it is important to hear the comments of her fellow Councilmembers on issues such as this. The Councilmembers exchanged comments on this issue as follows: Due to the schedules of each of the Councilmembers, it is not always possible for every Councilmember to be at every meeting; Staff members are available to talk with individual Councilmembers regarding the subject matter at a more convenient time; The importance of all Councilmembers having the opportunity to attend special meetings and workshops, particularly when direction is being given to staff; The need for all Councilmembers to make decisions based on reviewing their schedules and priorities; Concern that trying to reschedule meetings may mean that other Councilmembers and key staff and /or consultants may not be able to attend. Tukwila City Council Regular Meeting Minutes November 2, 2009 ADJOURNMENT 9:18 p.m. MOVED BY DUFFIE, SECONDED BY QUINN THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Jim g: erton, Ma/, Christy O'Flahe ty, City Clerk APPROVED BY THE CITY COUNCIL: 11/16/2009 Page 8 of 8