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HomeMy WebLinkAbout2010-03-15 Regular MinutesStart: 6:31 p.m. Mayor Haggerton announced the purpose of the Executive Session is to discuss Pending Litigation Pursuant to RCW 42.30.110(1)(i) and Potential Litigation Pursuant to RCW 42.30.110(1)(i). It will last no more than 30 minutes, and no decisions will be made during the Executive Session. Attendees: Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney; Nora Gierloff, Community Development Deputy Director; Brandon Miles, Senior Planner; Tukwila City Councilmembers: Joe Duffie, Joan Hernandez, Dennis Robertson, Allan Ekberg, Verna Seal, Kathy Hougardy, De'Sean Quinn. End: 7:02 p.m. CITY OFFICIALS Tukwila City Council City Hall Council Chambers MINUTES EXECUTIVE SESSION Regular Meeting March 15, 2010 7:00 P.M. REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE /ROLL CALL Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:07 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Melissa Hart, Acting City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Dennis Robertson, Allan Ekberg, Verna Seal, Kathy Hougardy, and De'Sean Quinn. Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shelley Kerslake, City Attorney; Bob Giberson, Public Works Director; Shawn Hunstock, Finance Director; Nora Gierloff, Community Development Deputy Director; Brandon Miles, Senior Planner; Don Lincoln, Assistant Police Chief; Mary Miotke, Information Technology Director; Melissa Hart, Acting City Clerk. PROCLAMATIONS /APPOINTMENTS Confirmation of the appointment of Louise Strander to Position #1 on the Planning Commission, with a term to expire 3/31/2014. MOVED BY HERNANDEZ, SECONDED BY DUFFIE TO CONFIRM THE APPOINTMENT OF LOUISE STRANDER TO POSITION #1 ON THE PLANNING COMMISSION WITH A TERM TO EXPIRE 3/31/2014. MOTION CARRIED 7 -0. Ms. Strander indicated she is honored to be considered for this appointment and indicated she looks forward to serving on the Planning Commission. CITIZEN COMMENTS Matt Peters, 13552 Macadam Road South, indicated he is a 30 -year resident of Tukwila and due to recent events he is being forced to seek opportunities elsewhere. He explained that over the last year he has come before the Council several times to discuss the noise issues from the Sound Transit light rail line. He provided City staff information, was advised to be patient, and was informed that progress takes Tukwila City Council Regular Meeting Minutes March 15, 2010 Page 2 of 5 time. His property value, quality of life and confidence in elected officials has eroded over this time. In his view, the lack of communication and poor follow -up has led him to this decision. Mr. Peters indicated his hope is that his concerns and the potential action taken will benefit his neighbors in the future. Councilmember Hernandez expressed appreciation to Mr. Peters for alerting the Council to the issues and thanked him for the information. Council President Robertson explained the City is very close to the implementation of a new process for tracking citizen comments. Additionally, if the noise issue was to be presented to the Council, it would be a Quasi Judicial matter. He indicated the Council would be required to take on the roll of a judge and must remain impartial, and that limits the roles of the Councilmembers in a situation such as this. CONSENT AGENDA a. Approval of Minutes: 3/1/10 (Regular) b. Approval of Vouchers #352049 352327 and #201003151 in the amount of $1,509,976.20 MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED 7 -0. UNFINISHED BUSINESS a. Authorize the Mayor to sign a contract with the Washington State Department of Commerce for use of Energy Efficiency Through Transportation Planning grant funds, in the amount of $69,500.00. MOVED BY SEAL, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH THE WASHINGTON STATE DEPARTMENT OF COMMERCE FOR USE OF ENERGY EFFICIENCY THROUGH TRANSPORTATION PLANNING GRANT FUNDS, IN THE AMOUNT OF $69,500.00. MOTION CARRIED 7 -0. b. Authorize the Mayor to sign Amendment #9 to contract #04 -025 with David Evans Associates for design work for the Southcenter Parkway Extension project, in the amount of $221,033.00. MOVED BY SEAL, SECONDED BY HERNANDEZ TO AUTHORIZE THE MAYOR TO SIGN AMENDMENT #9 TO CONTRACT #04 -025 WITH DAVID EVANS ASSOCIATES FOR DESIGN WORK FOR THE SOUTHCENTER PARKWAY EXTENSION PROJECT, IN THE AMOUNT OF $221,033.00. MOTION CARRIED 7 -0. c. Briefing on Zoning Code changes related to the siting and operation of Crisis Diversion Facilities and Crisis Diversion Interim Service Facilities. Brandon Miles, Senior Planner, presented a staff report relating to the proposed Zoning Code changes regarding the siting and operation of Crisis Diversion Facilities and Crisis Diversion Interim Service Facilities. On September 8, 2009, the City Council adopted an ordinance establishing a six -month moratorium on the receipt and processing of building permit applications, land use applications and any other permit application for Crisis Diversion Facilities (CDF) and Crisis Diversion Interim Service Facilities (CDIS) within the City. The moratorium was passed in response to a Request for Proposal (RFP) that had been issued by King County in August 2009. The RFP solicited proposals from third parties to establish jail and hospital diversion facilities in King County. Upon review of the RFP, it was determined the proposed diversion facilities were not anticipated by the City's Zoning Code. The moratorium was needed to allow staff adequate time to conduct sufficient research to understand the details of King County's RFP. Mr. Miles explained that the creation of the CDF and CDIS are in response to King County's Mental Illness and Drug Dependency (MIDD) strategy to address chemical and mental illness dependency issues within King County. The overall goal of MIDD is to: "Prevent and reduce chronic homelessness and unnecessary involvement in the criminal justice and emergency medical systems and promote Tukwila City Council Regular Meeting Minutes March 15, 2010 Page 3 of 5 recovery for persons with disabling mental illness and chemical dependency by implementing a full continuum of treatment, housing, and case management services." The Crisis Diversion Facilities and Crisis Diversion Interim Service Facilities would be regional facilities that serve all of King County. The CDF and CDIS will accept all individuals brought to the facilities by any King County law enforcement officer. The CDF is defined as a facility for adults in crisis who would otherwise be taken to a hospital emergency room or arrested for minor crimes and booked into the King County Correctional Facility. Individuals receiving treatment at the CDF could be there voluntarily or involuntarily, such as police diversions. It is estimated the CDF will serve up to 5,000 individuals per year. The King County RFP stipulates that the CDIS must have 20 beds and will ideally be co- located with the CDF or located within close proximity in order to facilitate movement of individuals between facilities. It is estimated the CDIS will serve up to 1,000 individuals with an average stay of one week and a maximum stay of two weeks. King County is very clear that the CDIS is intended to address hospital and jail diversions and "should not be considered resources for permanent services for housing." The King County RFP described the ideal location as: A centralized location with easy access and at least two routes to the facility by freeway and /or major arterials, south of downtown Seattle and north of Southcenter. The CDF should be a minimum of 7200 square feet, easily accessible by law enforcement, ambulance and to a King County Metro bus route Mr. Miles explained the Planning Commission conducted a public hearing on February 25, 2010 relating to the proposed ordinance. Staff reviewed the RFP and using King County's criteria presented a staff report to the Planning Commission indicating the Tukwila Urban Center (TUC) would be an appropriate location for both facilities. He explained the TUC exceeds King County's location requirements and the area has several east/west arterials, which connect to adjacent jurisdictions. There are also six different Metro bus routes in the area. At this time, King County has not selected a location for either facility. The proposed ordinance will allow the CDF and CDIS in the Tukwila Urban Center within a one -half mile walking distance of the transit center located on Andover Park West. It will also create a process to site the CDF and /or CDIS within the Urban Center area should the County choose to locate these facilities within Tukwila. The Planning Commission recommended utilizing an Unclassified Use Permit for these facilities. The Unclassified Use process allows the City to apply conditions on the project to address any impacts that could arise as a result of the facilities actual operation, and allows for a transparent permit process for the siting of the facilities. Examples of projects that utilized Unclassified Use Permits include Sound Transit, Bow Lake Transfer Station, and several sewer pump stations. Mr. Miles noted the City Council is not being asked to permit the facilities at tonight's meeting, or to provide a geographical area and establish a process should the County decide to locate them in the City. Councilmember Quinn requested staff clarify the difference between the MIDD Oversight Committee and King County, who is implementing the program. Mr. Miles explained the MIDD Oversight Committee is an advisory committee to the King County Executive and the King County Council. The MIDD Committee is comprised of elected officials from King County, representatives from the cities of Bellevue and Seattle, Suburban Cities and several non profit agencies. They make recommendations to the King County Council for review and the MIDD staff implements the process. Mr. Miles explained a public hearing is scheduled for April 12, 2010, with possible Council action at a Special Meeting immediately following the Committee of the Whole. Councilmember Hernandez asked if Tukwila Police officers would be required to transport individuals to other facilities or hospitals within King County, if the facilities were to be located in Tukwila. Ms. Hernandez also asked how the City would ensure compliance with specific requirements of the Unclassified Use Permit. Mr. Miles explained that if a police officer from Bellevue transported an individual to the CDF rather than to the King County Detention Center, and later that individual decides to leave against the advice of the Tukwila City Council Regular Meeting Minutes March 15, 2010 Page 4 of 5 staff, in theory the Bellevue police officer is supposed to return to the CDF and transport the individual to the detention center. However, staff has asked King County for confirmation and the County has not fully addressed staff's concerns. He also explained that with the Unclassified Use Permit, staff is able to complete an in -depth review of the application and the operation of the facility. Through the Quasi Judicial process, the Council can establish conditions on the Unclassified Use Permit to ensure the impacts on the Tukwila Police Department are minimal. Mr. Miles also explained that if the applicant does not comply with the established requirements of the Unclassified Use Permit, actions could be taken to have the permit revoked. Council President Robertson explained the City has used Unclassified Use Permits in the past. This process would provide the City and the Council an opportunity to deal with the issues that could arise. He indicated the process does work, and he supports the Unclassified Use Permit approach to this issue. Mr. Miles distributed copies of the new RFP from King County. It appears the original bids for the CDF have been rejected, and King County has issued a new RFP to rebid the CDF portion of the RFP. Staff has reviewed the new RFP, and the only noticeable change is on page 8 of the RFP relating to "Physical Plant." The previous references to "south of downtown Seattle and north of Southcenter" have been removed. REPORTS a. Mayor Mayor Haggerton attended the Suburban Cities Public Issues Committee meeting on March 10, 2010. On March 11, 2010, he participated in the interviews for the Director for the South Corrections Entity (SCORE) facility. Ms. Penny Bartley was selected for the position. On March 12, 2010, he hosted an introduction meeting with new King County Councilmember Jan Drago. Mayor Haggerton also alerted the Council to new issues and media attention relating to the South Park /16 Street Bridge. He explained that per the agreement with King County in 2002, the City relinquished its ownership of the bridge to King County in exchange for maintenance costs of $3 million and the South Central Pool. He indicated he would continue to update the Council as the information becomes available. b. City Council Councilmember Hernandez attended a program on Japanese American Internment at the Museum of History Industry on March 4, 2010, and the International Rescue Committee potluck on March 13, 2010. Council President Robertson explained the Council would be receiving updates relating to the Sound Transit noise issues and Tukwila Village in the near future. He also indicated the Council will receive a copy of the schedule and proposed process for the upcoming budget review. Councilmember Ekberg hosted the Council Coffee Chat on March 13, 2010. Councilmember Seal indicated that Citizenship Day would be held at Foster Tukwila Presbyterian Church on April 17, 2010 from 10:00 a.m. to 3:00 p.m. Councilmember Hougardy explained she has received information that Jacque Carroll has submitted an application to have another Tukwila Plein Air Paint Out event this year. Once Ms. Carroll has more information she will contact the City to make a Council presentation. c. Staff There was no report. d. City Attorney There was no report. Tukwila City Council Regular Meeting Minutes March 15, 2010 Page 5 of 5 e. Intergovernmental The Council Analyst was not present. MISCELLANEOUS Mayor Haggerton expressed concerns regarding the comments made by Mr. Peters under citizen comments this evening. To have a long time resident indicate they are leaving the area due to unresolved issues is troubling. He will request an update on the staff communication relating to Mr. Peter's previous complaints. Councilmember Hougardy agreed with Mayor Haggerton about Mr. Peter's comments. She explained that communication is very important to the resident and business community. Ms. Hougardy requested the Council discuss options for a statement that could be relayed to individuals who voice their concerns to the Council. Mayor Haggerton explained the current process is for staff to acquire a contact number for the individual. He also explained that most of the time, staff needs to research the validity of the comments. It is very important that all the relevant facts be available in order to provide assistance or a resolution to their issue. Council President Robertson explained it is not easy for individuals to come and speak before the Council, and each situation is different. It is up to the Council to be sensitive to that and still encourage individuals to inform the Council. He also explained the City Administrator will be incorporating a new citizen tracking process. Councilmember Quinn explained it is clear the Council feels a certain level of responsibility to follow -up on the comments made before the Council. Additionally, it can be better to wait to respond until after all the pertinent information has been gathered. Councilmember Ekberg explained he has been researching some training for the Council that would provide assistance on how the Council can work more collaboratively. He indicated that once he has more information, he will provide the details to the Council. ADJOURNMENT 7:56 p.m. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE TUKWILA CITY COUNCIL MEETING BE ADJOURNED. MOTION CARRIED 7 -0. Ji Melissa Hart, Acting City Clerk APPROVED BY THE CITY COUNCIL: 4/5/2010