Tent City Permit Hearing: 27 March 2007

The Redmond City Council met to consider the Hearing Examiner’s Decision to vacate (overturn, revoke) the permit allowing St. Jude to host Tent City 4.  The Council voted to overturn the Hearing Examiner’s decision and reinstated the permit.  They also adopted the least restrictive conditions applicable to Tent City and the parish.  From the point of view of favorably hosting Tent City, these were the best possible outcomes.  It was reported that the fines have been dropped, although no formal notification of this has taken place.  There is a two week period to lodge any appeals to the City Council’s decision but it is highly unlikely that it would be overturned.  So now it is hosting Tent City as usual.  With the media spreading word of the Redmond City Council’s decision, numerous Eastside homeless have contacted Tent City 4 hoping to reside here now that there is less likelihood of harassment or intimidation.

Thanks to all the volunteers for all that has been accomplished and learned so far.  Many people have reported positive spiritual affects of hosting Tent City.  I hope that this has been true for you as it has been for me.  Thanks also to the Pastoral Council for acting despite attempts toward intimidation by appellant(s) and/or a couple of other people.  We have made a few mistakes along the way, but by and large St. Jude has done an excellent job carrying out this ministry and being sensitive to the various viewpoints on this complex issue.  Thanks too for all the prayers on behalf of Tent City and the Parish.

Blessings,  Fr. Dave

Update 3/18/07

 When the folks of Tent City 4 moved to St. Jude a little over a month ago, there were 61 residents.  After a week the population had risen to 69.  Then less than two weeks later the census was in the low forties and now it is closer to 50.  Tent City is reluctant to graph or make public statements about residency totals because some opponents of Tent City warp and use any statistics against this endeavor.

     So where have the folks gone?  Two groups of three have gone in together to get apartments.  A former Tent City resident upgraded from a studio apartment to a two bedroom and was able to take in a resident friend.  A disabled Iraq veteran finally made it through all the hoops and qualified for VA assist residency.  A mother reported that low income housing enabling her to rejoin her young daughter had come open.  One individual moved to Tent City 3 at St. Mark’s in Seattle to be closer to work.  Two others have gone to Alaska for seasonal jobs they hold on fishing boats.  One other person finally saved up enough for first, last and damage deposit on an apartment.  These are a few of the success stories as people’s lives move on.

     During the first week there were three hits on outstanding warrant checks.  One was the right name, but wrong person; another a prosecutable warrant on a woman that the Redmond Police took into custody after a prompt call; and an outstanding minor parking or road warrant that the police had no interest in pursuing.  Since the first week, outstanding warrant hits have dramatically dropped off and never have any hits on past sex offenders arisen.

     Many parishioners report meeting residents through serving meals, tours of the camp, dropping by supplies, or meeting residents who attend St. Jude services.  These have been enlightening encounters.  Thank you to Tent City folks for keeping the grounds virtually litter free and being such good neighbors.  Camp leaders say that this has been the most generous and responsive parish they have encountered.  (Is this said to all the parishes?)

Update 3/4/07

A number of people have inquired about the status of the fines attached by the City of Redmond for hosting Tent City 4 on St. Jude property without a proper permit in place.  The desire of the City is to treat St. Jude as it would any other individual or group.  There is no desire to penalize or stigmatize the parish in any way.  In fact the City reminded St. Jude of the due date for any appeal to lower or eliminate any fines. 

Nearly half the time that Tent City has moved, a proper permit has not been in place by the hosting church or property owner.  Any threatened fines have been dropped.  This has sometimes involved legal proceedings continuing long after Tent City has moved on to another location.  A Catholic lawyer from St. Brendan Church in Bothell has graciously provided pro bono services to eastside Churches and Synagogues.  He has built a solid record maintaining that Churches do not need a permit to carry out work vital and consistent to their mission.  Caring for the poor and providing shelter to the homeless is certainly near to the heart of the Catholic Church and St. Jude Parish.  

Hopefully eastside municipalities will soon adopt a permitting procedure for outdoor camp shelters for the homeless similar to King County.  It is simple, straightforward and has worked. By the time this article appears in the bulletin, an appeal will have been submitted to the City.  No action is likely to be taken on that appeal until after the City Council determines whether or not the hearing examiner improperly overturned the permit originally issued to St. Jude.  When further news on this develops, we will let all know.

Update February 17, 2007

Subject: History of the Process to Host Tent City

Greetings to St Jude,

In June of 2006 the Pastoral Council and Parish entered into a conversation about hosting Tent City. After much listening, a survey filled out by more than 300 parishioners, an open Parish meeting, and dialogue among the Pastoral Council we, the elected leadership of St. Jude, recommended to Father Dave that St. Jude not host an outdoor encampment on an emergency basis  but  rather to go through a community and appropriate city permit process for hosting Tent City in the future.

A letter from Father Dave, staff, and Pastoral Council to the Parish on June 18, 2006 stated: “We wrestled with this heartfelt desire and the importance of entering into a process respectful of our neighbors and community . . . In the end, we decided that St. Jude needs to follow the rules established within our larger community for both working with our neighbors and acquiring a temporary use permit.”

The City staff had determined that the temporary use permit, which is used in most other cities on the Eastside, was the appropriate permitting process. The City staff in consultation with City Council had earlier determined (about a year and a half ago) that they were open to hosting Tent City and did not want to create a separate permit process just for Tent City.  

In October 2006, we learned that the primary site for hosting Tent City in February 2007 was unable to host and St. Jude, as the secondary site, was asked to host. On October 18, 2006 we conducted a Parish Meeting about hosting Tent City followed by deliberation and a recommendation from Pastoral Council to enter into the permitting process required by the City to host Tent City from February to May of 2007.

The City temporary use permit for a homeless encampment at St Jude was approved in December of 2006 with conditions from the City following an extensive process involving our neighbors and community. There were ten appeals of the conditions including an appeal from St Jude/Tent City.  In consultation between the City and St. Jude it was agreed that St. Jude and Tent City would abide by the conditions as amended by the Hearing Examiner following the outcome of the appeals process.

The ruling from the Examiner shocked both the City and the St Jude/Tent City because he said that the City had used the incorrect process. The Examiner said the City should not have used the temporary use permit process, because “. . . it is unlike any of the temporary uses listed in the RCDG (Redmond Community Development Code).”  He ruled that the request to host Tent City at St. Jude needs to start over again and go directly to Council for approval. Despite the rejection of the process used by the City, the Examiner still ruled on all the appealed conditions partly because “the Council (City) has the authority to disagree with Examiner on the code interpretation question.”

Following the ruling by the Examiner, the City decided to revoke the permit until the appeals process could be completed.  Legal Council for the St Jude/Tent City believes this interpretation is incorrect and the approved permit should still stand. Both the City and St Jude/Tent City believe the Examiner’s ruling on the temporary use process is a narrow interpretation and in error. Both parties have appealed the decision to the City Council. Given the breakdown in the City process just days before Tent City was to move on to the St Jude property, we were faced with a difficult decision of whether or not to move forward without a valid permit. After much discussion, and taking into consideration the needs of the Tent City residents along with concerns of St. Jude’s neighbors and parishioners, the Pastoral Council voted unanimously to host Tent City with the following motion at the February 7, 2007 meeting:

“That St. Jude Parish host Tent City 4 for a period of 90 to 100 days starting on February 10. That St. Jude and Tent City 4 agree to abide by the conditions as set down by the hearing examiner with the addition of St. Jude voluntarily providing sidewalk monitors during school transit times for a period of at least 30 days. Should any civil penalties be imposed, that these be paid through voluntary donations rather than from regular Parish funds.”

Please note that the legal consulting has been generously donated on behalf of St Jude and Tent City and is not an expense for our Parish. The appeal is expected to go before the City Council in March and it is hoped that the permit issue will be resolved at that time. The reason for the extended time period before the matter can be heard by City Council is due to the code requirements of the appeal process. Those requirements have a time period that allows the decision to be reconsidered by the Hearing Examiner before it can return to City Council. When it does come before City Council for a decision, it will be a legal or “quasi-judicial” issue which means that City Council is required to rule impartially on the evidence and testimony gathered through the permit and appeals process and can take no new evidence or witness testimony for their decision on the appeal.

Thank you for prayers, your support, and your concerns.

Blessings,

Don Cairns, Chair of the St Jude Pastoral Council

Notes: for more information from the City perspective and a complete copy of the Examiner’s decision visit web-site redmond.gov. For other information on Tent City visit the stjude-redmond.org web-site

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Update 2/8/07

Dear Parishioner,

The consensus of the Pastoral Council, Parish Staff and myself is that St. Jude should carry through on its offer to host Tent City 4 on our lower lawn for the next three months.  Meanwhile we will press ahead with the city of Redmond on the permit appeal process.

St. Jude has developed a reputation for generosity and care for those in need.  Parish charitable endeavors and efforts to address the roots of poverty and homelessness include Giving Trees, backpacks, Sister Parish in Tijuana, St. Vincent DePaul Society, Operation Rice Bowl, Habitat for Humanity, and special weekend collections. 

We are guided by the words from Matthew’s Gospel,  “For I was hungry and you gave me food, I was thirsty and you gave me drink.  I was a stranger and you welcomed me, naked and you clothed me.  I was ill and you comforted me, in prison and you came to visit me…and [the just] will go off to eternal life.” (Mt 25:35-36,46).

Many parishioners have expressed a desire to host Tent City.  When asked to do so from Feb. to May we immediately notified the city, began the permitting process, and participated in three listening/informational sessions for the parish, neighborhood and wider community.  A permit was granted in November and over 100 volunteers have made preparations to host Tent City 4.  The granting of the permit and most of its 12 conditions were appealed.  While the Church’s and Tent City’s position on the conditions were upheld, the Examiner ruled that the permitting process used by the city was in error.  This caught the city and parish by total surprise.  Although conflicting legal opinions have been offered, the City of Redmond has informed St. Jude that we would be in violation of city code were we to allow Tent City to move onto our property without a valid permit.  We would be subject to regular enforcement which while not criminal could involve financial penalties (which could be contested).  The Parish and Tent City are committed to meeting the safety conditions laid out by the hearing examiner.  To address neighborhood concerns we will voluntarily conduct sidewalk patrols as students come and go from school.  Acknowledging that some of our membership does not support our hosting of Tent City, any fines would be paid through special donations rather than ordinary parish funds.

Tent City 4 is comprised primarily of the working poor.  They gave word to their present hosts and neighbors at St. John Vianney, Kirkland that they would move this weekend.  If they cannot move to St. Jude, they have no host location and face disbanding, an overwhelming hardship.

The decision to host Tent City will put demands on the City of Redmond, displease a number of our neighbors, and be of deep concern to many of our own parishioners.  Because you are a St. Jude parishioner, we wanted to directly inform you of this decision.  Your prayer, understanding, and good will are vitally needed in this hour.  We will keep regular updates on the parish web site and in the bulletin.

In Christ,

Fr. Dave Rogerson in consultation with the Pastoral Council and Parish Staff

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Saint Jude’s and Tent City 4  Feb. 2006

Tent City is due to arrive on Saturday, February 10.  The stay is for approximately 90 days – probably a couple days beyond because it is easier to get moving help on the nearest Saturday.

Saint Jude has agreed to host only this one time.  At the end of the stay an evaluation will take place to see if or when we might be open to hosting in the future.  Contrary to information disseminated to neighboring school parents, St. Jude has no plans to host a three month period out of each year.

It is helpful to differentiate between Tent City 3 (in the Seattle area) and Tent City 4 (on the Eastside).  Tent City in Seattle does not conduct warrant and sex offender checks, while the Eastside Tent City has voluntarily conducted these checks on all prospective residents.  All current and prospective residents of Tent City 4 have had these done through the King County Sheriff system.  When reports or rumors of felony convictions of Tent City residents are stated, it is important to know whether they are or were residents of Tent City 4. 

One of the aims of hosting Tent City 4 is to make us all more aware of homelessness, its causes and possible remedies.  Tent City is one of a number of temporary solutions.  Hopefully our experience will point all of us to also work toward more permanent solutions.  As I have stated a number of times, many of those who oppose Tent City work hard at other remedies and are every bit as Christian as supporters of Tent City.  When we presume to look into the heart and motivations of others we almost always do more harm than good.

As Tent City 4 arrives at Saint Jude it is my expectation that we will be our usual welcoming and giving selves.  Hospitality has long been a hallmark of this faith community.

Fr. Dave Rogerson

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Volunteer for TC4: www.tentcity4.org/volunteer

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A Neighborhood Community Meeting will be held on November 16, 2006 at 7 pm in the Parish Hall.

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