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HomeMy WebLinkAbout2001-02-26 Committee of the Whole MinutesCALL TO ORDER: Council President Joan Hernandez called the meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. COUNCILMEMBERS PRESENT: Council President Joan Hernandez; and Councilmembers Joe Duffle; Pam Carter; Jim Haggerton; Pam Linder, Dave Fenton and Richard Simpson. OFFICIALS: TUKWILA CITY COUNCIL February 26, 2001— 7:00 p.m. Council Chambers City Hall CITY COUNCIL COMMITTEE OF WHOLE MEETING MINUTES Mayor Steve Mullet; City Administrator John McFarland; City Attorney Bob Noe; Administrative Services Department Director Viki Jessop; Deputy City Clerk Bob Baker; Planning Manager Jack Pace; and Minnie Dhaliwal, Associate Planner. Also present were Foster High School Student Council members Shane Young and A.J. Geiss. Both gentlemen are very active; Shane a chess champion and A.J. a Community Oriented Policing Board member and football player. Other student council members will attend future City Council meetings to be educated on the process of Tukwila government. CITIZEN COMMENT /CORRESPONDENCE: None. SPECIAL PRESENTATION: a. Project Manager Endangered Species Act Emphasis Notifying Council this has already gone before the Finance Safety Committee, Administrative Services Director Viki Jessop briefed the Council on the proposal's history. Most notably is the need for the City to remain properly staffed. To that end, a Project Manager in the field of the Endangered Species Act (ESA) will be required. In addition to such goals of properly responding to the ESA in terms of "hoops" and permitting processes, the most important is for the City to remain in compliance with federal, state and local laws as it relates to ESA. For such future proposed positions, Councilmember Carter requested written documentation be included in the agenda packet which shows where the positions fall in relation to other city positions. Ms. Jessop noted this position, in terms of duties and salary, is comparable to that of a Building Official or Public Works Project Manager. Council consensus was to move this item to the City Council Regular Meeting of March 5. City of Tukwila Page 2 of 7 City Council Committee of Whole Meeting Minutes February 26, 2001 b. Briefing on Code Amendment Pertaining to Group Homes and Correction Facilities Planning Manager Jack Pace presented an overview of the issues faced by the City Council. A moratorium on this issue was extended on January 16, 2001. Said moratorium will expire on August 22, 2001. City staff has reviewed such items as how other jurisdictions treat these types of facilities; different categories of the facilities; as well as federal and state regulations which apply. At the November 28, 2000 Community Affairs Parks Committee meeting, a briefing on the issues was conducted. There, it was agreed City staff would continue to study the issue and forward the item to the Committee of Whole. Minutes from the 11/28/00 meeting were provided to Council for this meeting. Contracted attorney for the City, Bob Johns, next addressed the Council. Citing two sets of rules that must be followed American with Disabilities Act (ADA) and Federal Housing Act (FHA), Mr. Johns informed the Council that the Tukwila Municipal Code (TMC) does not address the different categories of group homes. Additionally, the City's zoning code contains no definition for correctional facilities or group homes; yet the term correctional institution is listed as an unclassified use in TUC, C /LI, LI, HI, RC, TVS zones. Moreover, the City's definition of "family" in the Land Use Code is not consistent with Federal and State Fair Housing laws. Of specific concern is the number of adults (related and /or unrelated) which may reside within a single family dwelling. Mr. Johns informed Council that Tukwila must take a proactive approach and resolve these issues before an appeal or non compliance application/petition is filed with authorities. Considering the proposed policy options brought forth by City staff, Mr. Johns first asked Should the definition of family be changed? City staff and attorney Johns propose Council change the definition of Family (in the Land Use Code) to limit the maximum number of related or unrelated individuals to six. Minors living with at least one parent will not be counted as part of the maximum number of residents. This is within a single family residential zone. As it relates to multi- family zones, Mr. Johns noted the City cannot disallow group homes without violating the ADA. This includes drug treatment homes where attendance is voluntary in nature. Conversely, criminal justice facilities may be treated differently and can be placed where the City deems it appropriate. That, he noted, would not be within multi- family zones or single family residential zones. Mr. Johns fielded questions for clarification from Councilmembers as it related to this issue specifically. After questions, answers and discussion, consensus of Council was to change the definition of Family to limit the maximum number of related or unrelated individuals to six. Minors living with at least one parent will not be counted as part of the maximum number of residents. Presenting the second (of four) issues to Council, Mr. Johns said this is how the City decides what will be allowed and where; i.e., how to categorize different types of Group Homes and where should different categories be permitted. City Staff and attorney recommends the Council categorize group homes into two categories based on the number of residents. Similar to the definition of family, allow a group home for a maximum of six resident in Low- City of Tukwila Page 3 of 7 City Council Committee of Whole Meeting Minutes February 26, 2001 Density Residential zone. Group homes for more than six residents would be permitted wherever multifamily development is permitted. Council could also create a separate category (correctional facility) for those under the criminal justice system. Mr. Johns explained there is no legally defensible way to evenly disburse group homes throughout the City. Said even distribution goes against the rules of the ADA and the FHA. Council consensus was to categorize group homes into two categories based on the number of residents. Similar to the definition of family, allow a group home for a maximum of six resident in Low Density Residential zone. Group homes for more than six residents would be permitted wherever multi- family development is permitted. Council could also create a separate category (correctional facility) for those under the criminal justice system. The third issue before Council asks, "What should be the required review process for Group Homes, where people are asked to obtain permits Mr. Johns reviewed the various possibilities as 1) make this a Type I permit; which means the DCD Director (Mr. Lancaster) has the privilege of making the controversial decision, and it's not appealable, unless someone wants to go to Court. 2) Make this a Type II permit requires notice to the community, input to the DCD Director, who then makes a decision. Type II permits are appealable to the hearing examiner or City Council. Or, 3) Make them conditional use permits; yet staff and attorney Johns are definitely not recommending. Mr. Pace reminded Council the question applies to currently existing facilities (where someone wants to buy and convert an existing house (in a single family zone) into a group home facility of some kind for any number of people. An application would be required. The question is who makes the decision on that outcome of that permit. Councilmember Duffle spoke against burdening just one person with the decision and the fairness of making just one person responsible. Mr. Johns noted that if a Type II is selected, Mr. Lancaster would only be responsible for the initial decision. That decision would be appealable. Councilmember Haggerton recommends a Type II process, appealable to the Council, as they are very sensitive about residential neighborhoods, and increasing the qualities thereof. Councilmember Carter wants to review the zoning code charts and Councilmember Linder would like more information before making a decision. Mr. Johns noted staff would come back to Council with a chart showing which types of things come to Council now, as opposed to the kinds of things delegated to other boards and /or individuals. Although there was a strong sense of direction for a Type II decision, Mr. Johns will draft the ordinance that way; yet will leave the appealable body portion as optional, until Council makes a formal decision. The fourth and final issue asks, "Where should correctional facilities be permitted Noting the desire to keep such facilities away from schools, parks and playgrounds, Mr. Johns informed Council much thought has gone into this question. City staff and attorney suggests correctional facilities be listed as an unclassified use in MIC /H, MIC /L, TVS, HI, LI zones and require City Council approval. These places would not lend themselves to playgrounds, schools, etc. and would essentially be located in industrial areas for the most part. City of Tukwila Page 4 of 7 City Council Committee of Whole Meeting Minutes February 26, 2001 Mr. Johns recommended, very strongly, that these items be determined by unclassified use permit. That process requires a full review by the department, a recommendation, and ultimately a public hearing before the City Council, as these will be the most controversial in terms of community viewpoint. Councilmembers Hernandez, Carter and Linder all stated their concern with allowing said facilities in the TVS zone. Consensus was to approve the proposed listing as unclassified use for all areas previously mentioned, with the exception of the TVS zone. After consideration and questions of clarifications from the Council, consensus was to list correctional facilities as an unclassified use in MIC /H, MIC /L, HI, LI zones and require City Council approval. Mr. Pace noted a proposed ordinance would be drafted and reviewed at the next Planning Commission meeting; followed by review at the Planning Commission, Community Affairs and Parks, the Committee of Whole and ultimately at a Regular meeting of the City Council. REPORTS: a. Mayor Mayor Mullet, in addition to Governor Gary Locke, King County Executive Ron Sims, attended the Bridge Opening on 196th Street South, (overpass over railroad tracks) in Kent; paid for with an L.I.D. He also attended the Economic Development Conference on Friday, the 23rd of February, where Robert Reich, former Secretary of Labor, addressed the group on the issue of finding a balance between chasing our jobs and chasing our lives. Mr. Mullet also reminded the Council of the March 7 meeting wherein Mr. Freidman will address the Council on his visions of Tukwila Village. Selected guests include the Planning Commission, Highway 99 Action Committee, Arts Commission, the Community Affairs Parks Board, the Economic Development Committee, some banks, bonds people, Chamber of Commerce, etc. He also reminded Council of the March 12 meeting, at the Tukwila Community Center, where Brian Sullivan and students will present ideas focusing on results for students' works to integrate housing into Tukwila Village Project. b. City Council Councilmember Duffle attended the Employees Appreciation Banquet and thanked those on the Planning Committee for their efforts. He attended the dedication of the new Parks Golf Facilities Maintenance building on February 21. He thanked the members of the Student Council who were present at this meeting. Councilmember Carter noted the Transportation Committee meeting for this evening and March 12 were canceled. She attended the February 20 SCATBd meeting and will attend a February 27 meeting wherein they will discuss Blue Ribbon Commission recommendations. She also attended the February 21 presentation on meth labs and the February 23 Suburban Cities meeting where they held the Sound Transit Forum, which was not well attended. City of Tukwila Page 5 of 7 City Council Committee of Whole Meeting Minutes February 26, 2001 Ms. Carter plans to attend the February 28 Tukwila Community Cares Network meeting and the Cascade Water Alliance luncheon. Those meeting will be followed by the Foster Community Club meeting that night, wherein Mayor Mullet will address the group. She spoke of an upcoming workshop /meeting of the Puget Sound Regional Council General Assembly meeting at the Maiden Bower Center. The focus of the meeting will be an update of the MTP, Destination 2030. Councilmember Hernandez attended the dedication ceremony of the Parks Maintenance Facility on February 21. On February 22, she attended the Economic Development Task Force meeting as well as the February 24 Employee Appreciation Banquet. Ms. Hernandez noted Municipal Court Judge Peter Lukevich brought to her attention House Bill 1101, scheduled for public hearing on March 2, before the House Committee on Appropriations. This is legislation which would generate new dollars for local government, as a source of funds for law enforcement, prosecutors and courts. The monies would be added to traffic citations and collected and disbursed upon receipt of the fines. Finally, Ms. Hernandez wanted to be sure Council reviews a catalog in Lucy Lauterbach's cubical regarding shirts /jackets for Council. She noted the catalogs would be present for at least one week. Councilmember Haggerton attended the February 21 Suburban Cities Association Board meeting wherein they began taking steps toward a long -range strategic plan for the association. He also attended the February 22 Thomas Jefferson presentation by Clay Jenkins as well as the Staff /Council Economic Development Council retreat at the DoubleTree. Mr. Haggerton will attend the February 28 Cascade Water Alliance Annual Meeting at the Space Needle in Seattle, slated to begin at 11:30 a.m. wherein Governor Locke will address the group at 12:45 p.m. He will attend a March 1 ACC Board meeting of those who will attend NLC Conference March 8 14 to discuss special arrangements for meetings between the board members and legislators on specific items, including the 3rd runway. Councilmember Linder will attend the February 27 Community Affairs and Parks meeting. She will visit the Arboretum on March 2 with Bruce Fletcher and Mayor Mullet. She invited all Councilmembers to attend. She encouraged carpooling. Councilmember Fenton had no report. Councilmember Simpson attended the February 21 Parks Golf Maintenance facility dedication; and the February 24 Employees Appreciation Banquet. He also attended the Highway 99 Action Committee Clean up on the 24th of February and recognized City Administrator John McFarland and his wife assisted in the cleanup of over 240 pounds. Student Councilmember A.J. Geiss thanked the Council for allowing him to attend. He noted others student Councilmembers will be attending COW Regular meetings of the City Council. City of Tukwila Page 6 of 7 City Council Committee of Whole Meeting Minutes February 26, 2001 c. City Administrator Mr. McFarland noted community correspondence has waned relating to Tent City residents. Mr. McFarland attended the recent Suburban Cities Association meeting with Steve Lancaster. Minutes from that meeting, published by Deb Eddy, will be copied and distributed. Next, Mr. McFarland noted his attendance at a connectivity meeting today with Jim Morrow and Dave Sabey, in Spokane. He also attended the same type of meeting on February 23 with a public works employee and Mike Ragsdale. Finally, Mr. McFarland noted the passing of former Public Works employee, Chris Collins, on Saturday, February 24, 2001. Ms. Collins was named the Public Works Employee of the Year, approximately two weeks ago at her "retirement" celebration. Ms. Collins was also presented with her 10 -year pin. d. City Attorney City Attorney Bob Noe had no report. MISCELLANEOUS: Councilmember Duffie noted Tent City residents are still in need of blankets and tents and /or tent poles. Councilmember Hernandez noted a March 1 Equity Diversity Commission meeting. Student Councilmember Shane Young announced the Foster High School Leadership Class has planned a February 28, 9:00 a.m. visit to the residents of Tent City. At that visit, needs will be discussed and the class will make another trip and deliver some of the items needed by the residents. Councilmember Carter asked about a decision on the shirts. Councilmembers spoke in favor of having a variety of items; and not all having the same shirts and /or jackets. 8:45 p.m. Fenton moved; Duffie seconded; to take a 5- minute recess and adjourn into executive session. The motion carried 7 -0. EXECUTIVE SESSION: Personnel Issue Pursuant to RCW 42.30.110(1)(2) 8:59 p.m. Executive Session began. 9:50 p.m. Executive Session ended. No action was taken. City of Tukwila Page 7 of 7 City Council Committee of Whole Meeting Minutes February 26, 2001 ADJOURNMENT: 9:50 p.m. Having no other business, Council President Hernandez adjourned the executive session, reconvened and adjourned the Committee of Whole meeting. JoaiqIernandez, Council President Rckti- aa Robert H. Baker, CMC, Deputy City Clerk Date Minutes Signed: ;.1 /01