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HomeMy WebLinkAbout2002-08-05 Regular MinutesMayor Mullet was absent. CITIZEN COMMENT: TUKWILA CITY COUNCIL August 5, 2002 7:00 p.m. Tukwila City Hall Council Chambers REGULAR MEETING MINUTES CALL TO ORDER /PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7:00 p.m. was Mayor Pro Tem Joe Duffie. ROLL CALL: Calling the roll of Council was Bob Baker, Deputy City Clerk. Present were Councilmembers Joe Duffle, Joan Hernandez; Pam Carter; Jim Haggerton; Pamela Linder and Dave Fenton. HERNANDEZ MOVED; HAGGERTON SECONDED; TO EXCUSE THE ABSENCE OF COUNCIL PRESIDENT RICHARD SIMPSON. OFFICIALS: John McFarland, City Administrator; Bob Noe, City Attorney; Bob Baker, Deputy City Clerk; Lucy Lauterbach, Legislative Coordinator; Jim Morrow, Public Works Director; Steve Lancaster, Community Development Director; Minnie Dhaliwal and Rebecca Fox, Senior Planners, Department of Community Development. Byron Saunders. 4118 So. 130 Street, Tukwila, presented concern with development being conducted at the resident address of 4113 So. 130`" Street. Mr. Saunders is of the opinion the home was (recently) condemned or deemed uninhabitable and asked if permits had been obtained to allow remodeling or upgrading to the residence. Robert Euler, 15220 40 Avenue South. Tukwila, again expressed concern over "obnoxious" weed seeds coming onto his property from a neighbor's yard. Mr. Euler stated his dissatisfaction with the Code Enforcement Officer's decision that no infraction is being committed. He stated the Tukwila Municipal Code is unclear and asked if he could have the matter referred to a Council committee for consideration. Council agreed and informed Mr. Euler he would be contacted by City staff with the date /time of the appropriate meeting. James Barnett. 11838 42 Avenue South, Tukwila, on behalf of the Duwamish Improvement Club, thanked the Council for use of the Tukwila Community Center, where the Club has met over the past year. Mr. Barnett announced a spaghetti dinner and silent auction to be held on September 22, at the Community Center, where John McFarland, Tukwila's City Administrator will provide the keynote address. All are invited to attend. Richard Weikum. 12211 48 Avenue South, Tukwila. read prepared comments into the record and provided Council with a copy of said comments. Mr. Weikum expressed concern over the alleged lack of assistance from various City staff members as it relates to a public disclosure request. In his attempt to work with Public Works officials to obtain information, Mr. Weikum stated his unhappiness with receiving different, varying answers from within that department. The heart of the matter deals with costs associated with a water main at a home he purchased "on south [sic] 117 street, [sic] which is a private road just off 40 Avenue." John McFarland. Citv Administrator. informed Mr. Weikum this issue is best handled by the Mayor's Office as it deals with employee performance. Additionally, he informed Mr. Weikum that a meeting would be set up to discuss the situation. CONSENT AGENDA: a. Approval of Minutes July 15, 2002 Regular; 7/22/02 Special b. Approval of Vouchers 237755 238028, in the amount of 3,027,161.87 c. Accept as complete the South 150 Street Improvements (42 Avenue South to 46th Avenue South) with Laser Underground and Earthworks, Inc., (Final Project Cost $753,044.27) HERNANDEZ MOVED; LINDER SECONDED; TO ACCEPT THE CONSENT AGENDA AS PRESENTED.* LINDER MOVED; HERNANDEZ SECONDED; TO AMEND CONSENT AGENDA ITEM (c) BY STRIKING THE COMMA AFTER "INC.," AND THE WORDS "AND AUTHORIZE RELEASE OF RETAINAGE. It was explained that the contractor has a lien against the project for pending obligations. City of Tukwila City Council Regular Meeting Minutes *The motion to amend the main motion carried 6 -0. *The motion to accept the consent agenda, as amended, carried 6 -0. PUBLIC HEARINGS: a. Code Amendments pertaining to secure community transition facilities. 7:30 p.m. Mayor Pro Tem Joe Duffle opened the public hearing. Page 2 of 6 Aug. 5, 2002 Steve Lancaster, Director of Community of Development, noted the purpose of this hearing is to accept public testimony on a proposed ordinance that would establish both a procedure and standards for the siting of secure transitional facilities (SCTF). These are facilities operated by the State of Washington, Department of Social and Health Services (DSHS), which house sexual offenders who have served their time in prison, yet are civilly committed by the Courts for intensive therapy and rehabilitation while beginning to mainstream back into the community. Under Washington State law, the City of Tukwila is required to establish a process and standards for siting such facilities. In the event the City does not establish such procedures, the State can preempt our regulations with regard to siting such facilities. The proposed ordinance before the Council was drafted by City staff, and considered by the Planning Commission. Earlier this evening, a public information meeting was held in Council Chambers, which was attended by 9 or 10 City residents. There, the proposed ordinance was explained, and information on State law which has led City staff to this point was shared. Beverly Wilson, DSHS, attended that meeting and provided good information. She is also present and wishes to testify at this meeting. The proposed ordinance would limit the location of secure community transitional facilities to Tukwila's Manufacturing Industrial Center (MIC) zone, in northern Tukwila. Further, the proposed ordinance would limit their placement away and buffered from sensitive types of and uses such as churches, schools, day care facilities, park and recreation facilities, etc. It would also require that they be placed no closer than 1,000 feet to any residentially zoned property. Based upon those criteria, a map was developed outlining the affected areas. That map was on display for the audience and Councilmembers. In addition to identifying and specifying the location and separation of this type of facility, the proposed ordinance also establishes the procedure under which a proposal, if it comes from the State, would be processed by the City. Suggested is a Type 5 process, which means it would come to the City Council for a public hearing and decision as an essential public facility; with notice going to all properties and residents within a' /2- mile radius of the proposed location. Currently, there are no proposals before the City of Tukwila to site any such facility. Further, it is Mr. Lancaster's understanding that it is not the intention of the State to submit such a proposal. Mr. Lancaster noted receipt of written correspondence prior to this meeting, from Philip and Eleanor Smith, Dennis Dunne, Beverly Wilson and Susan Malcolm, on behalf of the Silver Dollar Casino. Beverly Wilson. Associate Superintendent for Community Programs, Special Commitment Center. Washington State Department of Social and Health Services. Olympia, thanked the Council and City staff for working with State staff to assure that the City's approach to siting secure community transition facilities meets the requirements of the Washington State law. Ms. Wilson noted the "good faith efforts" made by Minnie Dhaliwal and the Planning Commission in responding to this complex issue. Necessitating cooperation between the City and State is RCW 36.70A.200, as amended by ESSB 6594 (Chapter 68, Laws of 2002). This RCW requires all counties and cities to establish a process and amend development regulations as necessary to deal with this issue. At a minimum, this includes: 1. The local process and regulations must not preclude the siting of a SCTF; 2. The land use regulations must be consistent with, and no more restrictive than the requirements of siting and operating a SCTF set out in RCW 70.09; 3. ESSB 6594, Section 7, states that the requirements set out in RCW 71.09.285 through 71.09.340 are minimum requirements to be applied by DSHS. This does not prevent a city or county from adopting development regulations, as defined in RCW 36.71A.030, unless the proposed regulation imposes requirements more restrictive than those specifically addressed in RCW 71.09.285 through 71.09.340. 4. The jurisdiction must consider the effect of "equitable distribution factors" on the siting of a facility as addressed in RCW 71.09.250(8). 5. The zones or areas identified by the jurisdictions as appropriate for siting SCTF's must include potential sites that meet the criteria in State law. Each jurisdiction has the option of identifying specific sites or parcels that meet the criteria in State law. And, finally, the local jurisdiction's siting and permitting processes that would be required when DSHS actually sites a facility must be designed to result in a permitted site in a timely manner. Although the City is in favor of having no more than a 4 -bed facility; Ms. Wilson noted it would be more cost prohibitive than running (the State's proposed) 12 -bed facility. A 12 -bed facility, in South King County, has been City of Tukwila City Council Regular Meeting Minutes estimated to cost $2.9 million each year; including staffing. Additionally, Ms. Wilson noted two concerns with the City's draft ordinance. They are 1. an implied responsibility which lies on the State for an equitable distribution. This is an untruth. Ms. Wilson noted it's up to State, counties and cities to achieve equitable distribution; and 2. concern that placing a detailed security plan within a public document could be detrimental to the program. CITIZEN COMMENT: Page 3 of 6 Aug. 5, 2002 Gina Nielsen. 12527 35 Avenue South. Tukwila. speaking in opposition to SCTF's, called Tukwila an "overburdened" area and spoke in favor of a 4 -bed facility, only, if such a facility must be sited here. Karen Wilkinson. 3510 South 128 Street. Tukwila. citing child and resident safety, spoke in opposition to siting any facility south of the Boeing Access Road. Reverend Bonnie Galloway. Tukwila. citing concern with the potential amount of monies to be expended on this project, asked why this project is being considered at all. Ms. Wilson, DSHS, noted all cities and counties are under a Federal Court ordered injunction to build the facilities. Cathie DesJardin. 3826 South 116 Street. Tukwila. asked what extra security measures will be taken by the City if /when SCTF's are sited here. John McFarland noted the City will work with the State to ensure patrol and communications are "beefed up Kathy also spoke in favor of siting any proposed facility north of Boeing Access Road. Beverly Wilson. DSHS. noted mitigation funds would be available to municipalities where facilities will be sited. Additionally, she noted the Legislature requires a city's ordinance be in place by September 2, 2002. Pre emptions may occur after October 1, 2002. Currently there are 6 counties and 96 jurisdictions affected by this act. Of those, 40 are King County cities. James Barnett. 11838 42 Avenue South, Tukwila, on behalf of the Duwamish Improvement Club, asked why these criminals are being released from maximum security prisons of they are not yet rehabilitated. Ms. Wilson noted only those who are going through treatment and working towards rehabilitation who are released from maximum security into these facilities which are "one step down" from maximum security. Additionally, she noted that these individuals cannot be held in criminal prisons after serving their criminal sentences. These SCTF's are for those who are "civilly committed" by the Courts. Brian Kennedy. 12802 South 128 Street. Tukwila. noted Tukwila neighborhoods are working hard at improving and spoke in total opposition to siting any SCTF in Tukwila. Veronica Rasmussen, 3805 South 128 Street, Tukwila, spoke of her concerns (for children and for her family members) with sex offenders in Tukwila neighborhoods. She noted "people don't change unless they want to" and asked the Council not to allow the release of any convicted sex offenders into the Tukwila community. Jenny Jacobsen. 12235 44 Avenue South, Tukwila, explained she is a victim of sexual abuse by an offender and does not want any such persons in Tukwila. Michael Jones. 13025 41 Avenue South, Tukwila, asked about the number of eligible parcels for the siting of such facilities in Tukwila. He spoke in favor of siting any SCTF north of the Boeing Access Road. Steve Lancaster described the selectional criteria used for determining which parcels of land are available for SCTF's. Philomina Kennedy. 12802 South 128 Street. Tukwila„ spoke in opposition to the siting of any such facility in Tukwila. Gina Vale. 12607 East Marginal Way South, Tukwila, asked if a small -sized parcel located on the map being shown could be eliminated as it is near a residential zone. She, too, spoke in favor of siting any proposed SCTF north of Boeing Access Road. Mona Roberts. 3807 South 128 Street, Tukwila. speaking out of concern for children, asked the Council to eliminate (from the available parcels map) the small parcel located near a residential zone. Chris Jacobsen, 12235 44 Avenue South. Tukwila, spoke out of fear for the area children; especially in Allentown, should a SCTF be sited in Tukwila. Currently, he stated, there is not enough police protection in that area. He spoke of a high potential for abduction of children near elementary and high schools in Tukwila. David Livermore. 13212 31 Avenue South, Tukwila, spoke out of concern for the size of the facility and the number of beds to be proposed, if sited in Tukwila. Additionally, he awaits a legal opinion from DSHS on several matters. City of Tukwila City Council Regular Meeting Minutes Page 4 of 6 Aug. 5, 2002 Georaina Kerr. 3834 South 116 Street. Tukwila. spoke in support of her neighbors' comments this also spoke in opposition to any proposed facility being placed near the Duwamish community. Jane Iniard. 11818 48 Avenue South. Tukwila. spoke in total opposition to any proposed facility in Tukwila. Anthony Jackson. 3803 128 Street. Tukwila, asked Ms. Wilson for specifics on the type of person to be living in an SCTF. Ms. Jackson responded Level 3 offenders will be placed. Level 3 is represents the worst/highest profile offenders in terms of sexual offenses. evening. She Joanne McManus. 5610 South 133` Street. Tukwila. reported her daughter was nearly abducted many years ago. Ultimately, the man who abducted her daughter grew worse in his actions and was later convicted of killing three persons. She noted those being treated must want to change. She asked the Council not to take any chances with these offenders. Beverly Wilson. DSHS. reported the staff to offender ration in SCTF's will be 1:1 for 16 hours of the day and 2:3 in the evening. When offenders leave the SCTF to go to the workplace or to appointments the escort to offender rate is also 1:1. State -of- the -art security measures are built into the SCTF's with alarms and automatic locking doors. Finally, she noted siting of additional facilities (besides the one on McNeil Island) is necessary to keep the civil commitment offenders on a long -term basis. Without these facilities, the Civil Commitment Program could discontinue as there would be no place to site the offenders and they would automatically be released into the public after serving their criminal sentences. 9:12 p.m. Mayor Pro Tem Duffie closed the public hearing. COUNCIL DELIBERATIONS: Councilmember Carter, while speaking in favor of placing any SCTF north of the Boeing Access Road, explained further the civil commitment process. Steve Lancaster, responding to many citizen inquires and Council requests, noted the small area questioned on the available parcels map would be eliminated, after brief discussion and agreement with Ms. Wilson. Speaking in favor of facilities with ONLY a 4 -bed limit were Councilmembers Fenton, Linder, Carter and Haggerton. Mr. Haggerton also spoke in favor of siting any SCTF north of the Boeing Access Road. Council requested the final proposed ordinance be ready for review on August 12 and ready for adoption on August 19, 2002. b. Comprehensive Plan Amendments 9:27 p.m. Mayor Pro Tem Joe Duffie opened the public hearing. Rebecca Fox, Senior Planner, Department of Community Development, provided the history on this matter to date. Today, she noted Council is being asked to take citizen comment on any of four proposed comprehensive plan amendments. Speaking in favor of each proposed amendment, Ms. Fox provided information on each of the following proposed amendments: L01- 076(a) L01- 076(b) L01- 076(c) L01- 076(d) Rezoning from LDR to C /LI for future City Shops expansion Tukwila Public Works rezoning City -owned property for LDR to C /Li at 139th and Interurban to provide potential expansion for City maintenance shops Revise Transportation Background Report, Concurrency Ordinance and associated Comp. Plan policies as appropriate. No action is required here. Specific policies will follow, later in 2002. Encourage transit related uses near high capacity transit stations This proposed amendment gives guidance in development near transit stations. Require adequately -sized parking facilities near transit to prevent spillover onto private property. This proposed amendment gives guidance for parking structures near transit stations. City of Tukwila City Council Regular Meeting Minutes CITIZEN COMMENT: Anna Bernhard. 12421 59 Avenue South. Tukwila. noted her objection to L01- 076(a). David Livermore. 13212 31 Avenue South. Tukwila. stated it is "most important to incorporate" item L01- 076(d), as the City does not want overflow parking; especially if Sound Transit were to build in this City. 9:46 p.m. Mayor Pro Tem Joe Duffle closed the public hearing. For adoption, City staff was asked to bring a final, proposed ordinance to the August 19, 2002, Regular meeting. REPORTS: a. Mayor Mullet Mayor Mullet was absent. b. City Council Councilmember Joe Duffie praised the work of the Mayor's Office and Public Works staff for their efforts in connection with Jackie Dempere's home. Councilmember Joan Hernandez attended the July 31 Boeing- sponsored breakfast for elected officials. Ms. Hernandez also noted the Equity Diversity Commission meeting was rescheduled from August 1 to August 8, at 5:15 p.m. Council President Richard Simpson was absent. Councilmember Pam Carter attended the July 25 Puget Sound Regional County Executive Board meeting; the July 26 Transportation Improvement Board meeting; and the July 31 Boeing- sponsored breakfast for elected officials. Ms. Carter also noted the next Transportation Improvement Board meeting will take place 9/17/02 in Wenatchee. Councilmember Jim Haggerton attended the July 24 Regional Policy Committee retreat and a Finance and Safety Committee earlier this evening. Councilmember Pamela Linder had no report. Councilmember David Fenton had no report. c. City Staff Page 5 of 6 Aug. 5, 2002 John McFarland reported 952 dump passes were issued recently; an increase of 97 from those distributed in 2001. Mr. McFarland then noted a forthcoming report from the Sister Cities Committee. On a related note, an Ikawa delegation of visitors will arrive on September 26, 2002. Finally, it was reported that a conceptual model of Tukwila Village will be shown to Council the week of August 12. d. City Attorney Bob Noe reviewed the recent history of Deja Vu litigation with Council. While the City was very successful on many fronts, the Washington State Court of Appeals has ordered the City to pay $51,000.00 plus interest, (12% per annum), back to 2000, for attorney's fees. Mr. Noe is of the legal opinion it would be a waste of time to appeal the award, as the Supreme Court would most likely deny review of the matter. Conversely, however, Mr. Noe can enter into an agreed order with Deja Vu and the Courts, wherein the City agrees not to appeal the attorneys fee award and will settle for a lesser amount of fees due and owing. Council consensus existed to pay the appropriate monies for attorney's fees and not appeal the decision. e. Intergovernmental Lucy Lauterbach noted receipt of correspondence from attorney Kurt Denke (hired by Tukwila citizens Sheila Malbrain and Lee Terrell) asking the City to file an amicus curiae brief in connection with the Citrus Longhorned Beetle search efforts. Litigation regarding this issue will soon be before the Washington State Supreme Court. Currently, the main issue on appeal will be whether the State must compensate landowners for the loss of healthy trees which it destroys for the purpose of containing the spread of the beetle. Legal advice from Bob Noe indicates this is a policy decision on whether or not the Council wishes to support property owners in their fight against the Washington State Department of Agriculture. City of Tukwila City Council Regular Meeting Minutes City Council requested additional information, via synopsis of the situation, including ramifications, from the City Attorney's Office, in order to consider the pros and cons of filing the amicus brief. ADJOURNMENT: 10:20 p.m. FENTON MOVED; LINDER SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 6 -0. Mayor Pro Tem Pyci Robert H. Baker, Deputy City Clerk Date Minutes Approved: Aucust 19. 2002 Page 6 of 6 Aug. 5, 2002