Loading...
HomeMy WebLinkAbout1999-07-26 Committee of the Whole MinutesTUKWILA CITY COUNCIL July 26, 1999 7:00 p.m. Council Chambers City Hall COMMITTEE OF WHOLE MEETING MINUTES CALL TO ORDER: Council President Dave Fenton called the meeting to order and led the Pledge of Allegiance. COUNCILMEMBERS PRESENT: Council President Dave Fenton, Councilmembers Joe Duffle, Joan Hernandez, Pam Carter, Jim Haggerton, and Pamela Linder. Excused absence: Councilmember Steve Mullet. OFFICIALS: John Rants, Mayor; John McFarland, City Administrator; Robert Noe, City Attorney; Rhonda Berry, Assistant City Administrator; Keith Haines, Police Chief; Steve Lancaster, Director of Community Development; Evelyn Boykan, Human Resources Coordinator; and Marty O'Brien, Golf Course Manager. CITIZEN COMMENT /CORRESPONDENCE: Anna Bernhard. 14214 59"' Avenue South. Tukwila, thanked the City for removing nightly searchlights. SPECIAL ISSUES: a. A resolution supporting programs and policies to enhance the safety of domestic violence victims. Human Services Coordinator Evelyn Boykan reported the City's Domestic Violence Task Force has been working diligently to address the issue of domestic violence. A draft resolution has been developed which outlines important values toward making the community healthier and free of domestic violence. The resolution sends a strong message about where the City stands and encourages all organizations to take an active role in addressing and preventing domestic violence. Councilmember Linder recognized Tom Brotherton for inspiring the development of the resolution. She stressed the resolution will not be effective unless the message is conveyed to the right people. Councilmember Hernandez noted that a recent article referred to domestic violence as the highest reported crime in Tukwila. The resolution should convey to the community that Tukwila has a zero tolerance policy towards domestic violence. Councilmembers spoke in support of the resolution. City of Tukwila City Council of Whole Meeting Minutes Page 2 of 10 July 26, 1999 Chief Haines thanked the Council for their support and thanked Coordinator Boykan for her work. He noted Tukwila has experienced an increase in domestic violence, with 11 more incidents in June 1999 compared to the same time in 1998. He attributed this to the Police Department's increased presence within the community and education efforts with crime victims. Since domestic violence is historically an underreported crime, the increase in incidents could be attributed to the fact more victims are willing to come forward and seek help. Attorney Noe introduced Beth Button, Domestic Violence Advocate and described her educational and professional experience in counseling and domestic violence. Councilmembers individually welcomed Ms. Button. b. An ordinance providine for the licensine and inspection of residential rental dwelling units: Council President Fenton reviewed the format for the public meeting and indicated it would not involve a public hearing. He noted the proposed action has received some negative press and stressed that over 60% of Tukwila citizens live in multi family homes. The City is undertaking a process to review apartment complexes that are not at acceptable standards. He pointed out that the meeting and subsequent Council review is a work in process to hear from the public on the issue. Councilmember Linder noted that as the Chair of the Finance and Safety Committee, the issue has been reviewed by all over the last several years to determine how to best address the issue. Ray Vomenici. 7804 South 135 Seattle, indicated he owns apartments on 56` Avenue in Tukwila and has been in the area for over 70 years. He reported that based on his experience, tenants do not want anyone inspecting their residence. He suggested that the proposed ordinance seems to reflect different measurements for different complexes and recommended inspecting empty residential units versus occupied units. Inspectors will find worse conditions in unoccupied apartments than occupied. Mr. Vomenici argued that yearly structural inspections are unnecessary, as units do not structurally deteriorate on a year -to -year basis. Terry Goodwin. 2627 E. Ward. Seattle. said he owns an apartment building (primarily occupied by seniors) his father built 30 years ago. Since he is not part of the problem, he would incur extra expense per year because of another owner's problem. He referred to ordinance language and suggested there may be alternative ways for inspections to occur rather than a one -on -one inspection basis. Provisions in the language do not account for the fact that most people would not want or would allow inspection of their residence. The number and range of inspectors allowed in the language is also cause for concern and the range of possible structural violations allows for possible misinterpretations that could result in problems. City of Tukwila City Council of Whole Meeting Minutes Page 3 of 10 July 26, 1999 Randy Bannecker, Apartment Association of Seattle Kin2 County, 529 Warren Avenue North. Seattle. stated his appreciation of City staff meeting with the Association about the proposed ordinance. Members of his association strive to operate safe and livable apartment multi family environments. The association shares the City's interest in protecting citizens residing in rental housing and to establish a minimum standard of livability. They also recognize the City has an acute public safety and health problem with a relatively small number of multi- family buildings. The problem is more complicated by newly arrived immigrant populations that are not assimilated to customs or language. He noted that members applaud the City's attention to the problems and that the Association wants to be part of the solution; however, AASK remains concerned about the rights of privacy and infringement associated with the proposed unit inspection requirements. In addition, members do not believe it is fair to target all landlords based on the behavior of a relative few. No single measure offers a solution. The association believes much could be accomplished through the following combination of measures. First, would be the education of both landlords and tenants about each party's rights and responsibilities under the State Landlord Tenant Act. Educational efforts could include multi- language booklets explaining tenant rights and responsibilities and distributed to health care centers, City Hall, and by utility billings. Mr. Banneckar distributed copies of a booklet developed for owners and managers of multi- housing units in Seattle. It outlines the full range of laws and articulates the owner and tenant responsibilities. A version of the same could be beneficial to Tukwila owners and managers. In addition, a version could be prepared for tenants and translated into a range of languages. He stressed that education makes better landlords and helps to empower tenants. Mr. Bannecker said another method is peer pressure. There has been some success throughout the county when certain landlords who have not been responsible are identified. The association also urges the City to create a fast -track task force to develop a comprehensive package of proposals designed to insure minimum standard of livability and safety for multi family residences in Tukwila. Bob Kaye. 3715 South 141 Tukwila., stated he owns a small apartment complex in Tukwila. He read from a prepared statement which said most owners make every effort to provide a quiet and secure complex and also maintain and improve the property to keep existing tenants and attract new tenants. The tenants he spoke with did not like the thought of inspectors invading their privacy. Mr. Kaye said he researched the Landlord Tenant Act RCW 59.18 Section 59.18.150 and said the section pertaining to the tenant's consent for the landlords to enter units does not pertain to inspectors. Mr. Kaye said the proposed ordinance appears to be overkill or perhaps a new tax source. To impose the ordinance on all apartment complexes in Tukwila when only a few are not in City of Tukwila City Council of Whole Meeting Minutes Page 4 of 10 July 26, 1999 compliance is not fair. Substandard complexes should be subjected to the remedies of the Landlord Tenant Act Section 59.18.120. Elected officials always talk about affordable housing and the owners are always the bad guys when rents are increased. He noted that owner's will not absorb the charge of $60 per unit. A better approach is to advise and educate tenants of their rights under the Landlord Tenant Act and inform the owner and manager of the consequences if they do not perform to the requirements of the Residential Landlord Tenant Act RCW 59.18. Pea Ruder. 4708 S. 154"'. Tukwila., has been an apartment owner in Tukwila for 10 years. She said the proposed ordinance should be geared towards the problem apartment complexes. Ninety percent of the problems involving apartment complexes relate to domestic violence crimes. The ordinance appears to be focused in the wrong place. Increasing awareness and promoting education on domestic violence would eliminate many incidents. She reported that many of her tenants became upset when they learned about possible inspections and many are worried that rental rates would increase, as it will penalize property owners who care about their property. Rod Avery, 14800 Interurban Avenue South, Tukwila. represents Town and Country Suites. He is unsure whether the proposed ordinance would apply to his property. His business is licensed as transient accommodations. He recommended that the language should be clarified as it relates to what type of housing the ordinance governs. Mayor Rants suggested Mr. Avery contact Administrator McFarland for clarification on some of his questions. Kathy Soelter. 9 Lake Bellevue Drive. #113. Bellevue,, property manager for the Sunnydale Apartments, applauded the efforts of the City for trying to do something about the problem. The majority of apartments have high standards and should not be penalized by the proposed ordinance. She asked the City to work with representatives of the Apartment Association of Seattle King County to develop measures to handle the issue. Rich Gartrell. 5831 South 152 #102. Tukwila, spoke as a tenant and commended the Council on efforts to tackle the pervasive problem of slum landlords and absentee owners that has resulted in significant deterioration over time. However, the cure may be good, but the patient may die in this process. He said as a tenant, if the fees are instituted his rent would most likely increase, which would increase his rent to that amount he was paying in Redmond. He said he would have an issue relating to privacy. The City needs to look proactively at problems rather than reactively after the fact. Mr. Gartrell offered his participation as a tenant on a task force. Shirley Brownfex. 5841 South 152 #C302. Tukwila, speaking as a tenant and as a leasing agent, recommended the City Council incorporate a tenant clause where landlords who comply should not be assessed charges under the code. She stated her apartment complex abides by the codes and shared some of the positive features about the complex where she lives. She indicated she treasures her privacy and would not like inspectors entering her apartment. She stressed that good managers and apartments should not be taxed. City of Tukwila City Council of Whole Meeting Minutes Page 5 of 10 July 26, 1999 Judy Kuael, 5831 S. 152n #104, Tukwila, resident manager at Heatherwood Apartments, is a resident and lives on site. Many managers do not live on site and could care less about what happens after 9:00 p.m. She said many residents are amazed that she frequently walks the property. She shared aspects of her job and the relationship she has with tenants. The complex has been involved in the Crime Free Multi- housing Program for approximately four years. She has spoken with many managers and owners who are striving to improve their properties and indicated there are many single family homes in worst shape than apartment complexes. She questioned whether the City would continue on and enact an ordinance targeting single family homes to insure they meet standards and codes. She said it would become a complex issue if the ordinance is adopted. Vern Mervhew. 4431, South 148` Tukwila, not an apartment manager, tenant, or owner in Tukwila; but an apartment manager and owner in Seattle, is also a member of AASK. As a member of the Planning Commission, he was surprised no one else seems to know about the proposed ordinance within the City. He referred to the City's notice regarding a public hearing and the notice was not sent to tenants of multi- housing complexes, only to owners. He emphasized tenants would be the most affected by the proposed ordinance through increased rates and invasion of privacy. He recommended the Council hear from more tenants before making a decision. Joan Mervhew, 4431 South 148"', Tukwila., a landlord for more than 30 years, has been attacked and blamed for everything. Landlord rights are being taken away little by little until the tenants have most of the rights. She said she cannot lock a tenant out because they have destroyed a unit or retain property if the tenant owes back rent. The proposed ordinance will make it difficult for owners to provide decent housing. The ordinance should only apply to those landlords that are not attempting to provide decent housing. Good landlords have reached their limits. There are existing rules that can be used to rectify the problem. She noted many owners may leave the landlord business, thereby reducing more affordable housing and stressed tenants and will suffer as a result of the proposed ordinance. The issue should be addressed by professionals, such as AASK who are aware of the issues and can develop a plan that will not affect tenants and responsible landlords. Wayne Chan. 12923 125 Avenue Court E., Puvallun, part owner of the Riverton Ridge Apartment at 3900 154` Tukwila, noted his complex is crime -free certified and takes pride in providing excellent apartments at reasonable rental rates. He asked Council to evaluate the proposed ordinance carefully and believes they are acting out of genuine concern for the greater good of all. However, the ordinance, if passed, would punish good landlords for the careless behavior of a few landlords in the City. He asked the Council to be responsible and responsive to their constituents and advocated against the passage of the ordinance. City of Tukwila City Council of Whole Meeting Minutes Page 6 of 10 July 26, 1999 Kathy Simnson. 3900 S. 154 Street. #A1. Tukwila, is the resident manager for the Riverton Ridge Apartments. She recently took the resident manager position and stated she always felt the apartment was a wonderful complex that is a community within a community. It is important to her to insure the complex is maintained and that she takes her position seriously. The ordinance would assess a $60 fee to each of the 39 units. She shared how involved she is with tenants of the complex and how important it is to communicate and share information within the apartment complex. Chris Benis. 15500 SE 17 Street, Bellevue, representing AASK, stated members consist of owners who rent out rooms within their basement to large management companies that manage 10,000 units. The average member owns eight units. Many of the members are concerned about the proposed ordinance. They are not present and are relying on representatives from AASK to express their concerns about the proposed ordinance. Members agree there are a select group of property owners and managers who are not responsible. Irresponsible landlords impair other members' property values, resulting in lost tenants because of illegal activity occurring next door, or incurring extra costs for garbage pickup because it came from next door. Members recognize the problem. However, there are some concerns about the proposed ordinance. Tenants are customers and clients of responsible property owners. Responsible owners want to retain good tenants or they may move somewhere else. Tenants have voiced objections to government inspectors in their homes unless the tenant has invited them. He noted that the solution for residents who are not fluent in English is through education and outreach through community service agencies, pamphlets, and a more responsive City code enforcement office that has the resources to respond and investigate when concerns are raised. Mr. Benis cautioned the Council on the legality of inspections and resulting legal issues and concurred with Mr. Bannecker's previous suggestion to establish a task force to work on the issue. Ceclia Wheeler.. 4841, 151 Place SE. Bellevue, has moved out of her complex due to the use of drugs within the neighborhood. Her original intent was to retire there, but due to the situation, felt she must move. She spoke against the proposed ordinance. She understands the need but current code enforcement is not strong enough to enforce. She suggested improving the code enforcement rules. The ordinance will not solve the problem and is only another layer of government that Tukwila does not need. She respectively requested the Council add some "teeth" to the code enforcement rules. Doug Nevhart, 315 Senaca Street, Seattle, Boardmember of AASK, owns numerous apartment complexes and opposes mandatory inspections of apartments. In Seattle, there were mandatory inspections, which resulted in problems for everyone and it did not work. Two major lawsuits consequently went before the State Supreme Court. He suggested that Tukwila already has the necessary codes on the books that should be enforced and asked the Council to enforce and write citations. City of Tukwila City Council of Whole Meeting Minutes Page 7 of 10 July 26, 1999 Dan Watson. 15455 65 Ave. S. Tukwila. Assistant Director for the King County Housing Authority, appreciates the City's efforts to upgrade the area along Pacific Highway South since its annexation into the City. He cited some of recent methods used to improve the highway. He noted that unfortunately, there are still problems with unsafe and unhealthy conditions, lax management, and widespread criminal activities within a small minority of apartment complexes. The issue is how to target those irresponsible owners and not penalize owners who provide decent and safe housing. He does not believe the problems will be solved solely by tenant education. Education, knowledge, power, and resources are not there for tenants to use the act to combat slum landlords. He said although the ordinance may not be the solution to the problem, stepped up enforcement is important. He said the cost of $60 per unit of any apartment operating budget is punitive and unreasonably high. Robert Kellum. 10655 NE 4 Street. Bellevue. stated the 1999 President of the Institute of Realistic Management, is a member of the Apartment Association of Seattle King County. He represents, as the Chief Operating Officer, certain residential rental properties consisting of approximately 8,000 units in the greater Puget Sound Area. His company would be affected by an ordinance. Mr. Kellum supports previous comments from speakers representing AASK and indicated he applauds what the City has accomplished in the past, especially as it relates to the Crime Free Multi- Family Housing Program. On the other hand, he also supports code enforcement efforts and noted that Tukwila is tougher than most cities on code enforcement. He suggested using the same methodology in code enforcement to resolve some of the issues with owners and managers who do not maintain their properties. Councilmembers thanked speakers for their comments and stressed the information shared was beneficial for the Council and that another COW would be scheduled to continue review of the issue. Councilmember Linder welcomed speakers who volunteered to serve on a City task force. The City has offered numerous educational opportunities and the Crime -Free Multi- Family Housing Program; but 24 apartment complexes of the 130 complexes within the City still continue to be a problem. Council President Fenton recessed the meeting from 8:20 p.m. to 8:25 p.m. for a break. c. Foster Golf Links Six -Year Master Plan: Council President Fenton announced he reviewed the need to define cost factors in more detail with Finance Director, Alan Doerschel. Mr. Doerschel informed Mr. Fenton the plan would not impede the City's bonding capacity for future projects. City of Tukwila City Council of Whole Meeting Minutes Page 8 of 10 July 26, 1999 Manager O'Brien answered questions from Council concerning the Master Plan Operations and Capital Expenditures forecast. He explained that the City plans to spend $420,000 in 1999 towards the facility, which would come from the $550,000 reserve fund. Manager O'Brien explained that since the golf course is an enterprise fund, unspent funds are rolled over to the next year's operating budget. The beginning funding balance in 2000 is approximately $577,587. Councilmembers questioned why the entire reserve fund of approximately $550,000 was not reflected in the 1999 costs related to the construction of the maintenance shop, reflecting only $420,000. Administrator McFarland said he would follow up with the Council in obtaining answers to their questions. Manager O'Brien verified the cost of the maintenance building is $1,020,000 with $420,000 spent in 1999 to include $20,000 for design costs. This leaves an approximate balance of $600,000 for the total cost of the building. Council President Fenton deferred continued discussion and review on the Foster Golf Links Six Year Master Plan until staff provides answers to the Council's questions and concerns. Responding to Councilmember Haggerton's question concerning the annual review of the Six Year Golf Course Master Plan, (duplicating the review process as it relates to the annual review of the Six -Year CIP), Mr. McFarland said there is a stand -alone Six -Year Plan for the golf course. Projects identified in the Parks Plan have been incorporated into the Six -Year CIP. Projects associated with the golf course have also been included in the Six -Year CIP. However, staff chose to develop a Master Plan for the golf course that covers a six -year period. All golf course capital improvements that are targeted to be funded will be included the Six -Year CIP. REPORTS: a. City Council: Councilmember Hernandez attended a July 20 REACH meeting. She reported that Executive Director Terry Smith conducted a presentation to the City of Renton Human Services Commission proposing that REACH provide them with technical assistance. REACH is moving ahead on the "Paint Your Heart Out" program. Four houses in Tukwila will be painted on August 7 and 14 along with two others in unincorporated King County. Councilmember Hernandez has forwarded information to Director Doerschel and Council- member Linder concerning contact for the state sponsored travel card program in order to receive discounts for government travel. Council President Fenton reported he and Councilmember Carter recently met with the Apartment Association of Seattle King County and reviewed some of the issues pertaining to the proposed ordinance on licensing and inspection of residential rental dwelling units. Highline water district intertie Water district 75 intertie Water district #75 intertie City of Tukwila City Council of Whole Meeting Minutes Page 9 of 10 July 26, 1999 Councilmember Carter attended a SCATBd meeting on July 20. She distributed copies of information concerning potential impacts of I -695 and a paper on answers by Sound Transit to questions raised by SCATBd members. She provided Council with an informational memo on the results of the AASK meeting attended earlier by herself and Mr. Fenton. On Friday, July 23, she met with the Assistant Director for the Economic Development Division of the Washington State Department of Community, Trade, and Economic Development. She provided a tour of Highway 99 and highlighted some of the areas that have been a challenge for redevelopment, existing businesses, and apartment complexes. Councilmember Carter attended a Utility Committee meeting that included the selection of a business recycling consultant to work with businesses to improve recycling and using recycled products. Associate Planner Rebecca Fox will provide a report on the program to the Committee in November. The program is funded through a grant of $30,000. She reported that removal of underground storage tanks within the City will occur once the contract has been awarded by the City at the next regular Council meeting. The turnover document for a newly built sewer line by Pyramid Point Apartments will occur after Council approval. Updates were provided on the costs associated with an Emergency Intertie Agreement with the Highline Water District and an I &I Agreement (Infiltration and Inflow) with the county. Councilmember Haggerton attended the July 21 Cascade Water Alliance meeting along with Councilmember Mullet. Several resolutions were passed authorizing the Chairman to conduct business related matters for the Alliance. Also discussed were the RCFC (Regional Capital Facilities Charges) and the timing of implementation. A three- member committee was appointed to review the matter. b. Staff: Administrator McFarland said AWC has requested nominations for those who would serve on the 1999 -2000 Legislative Committee for a two -year appointment. Interested Councilmembers should respond by Monday, August 2. Administrator McFarland indicated information is forthcoming on the impacts (pros and cons) of I -695 to assist the Council, if so desired, in adopting a resolution. The proposed initiative would preclude the Council from raising City fees without the vote of the public, which could include a referendum process to raise golf course fees and other fees for service. Councilmember Linder noted that during a recent Human Services Roundtable Legislative Committee, the initiative was discussed and the Roundtable has decided not to take a lead on the issue since Boeing is planning City of Tukwila City Council of Whole Meeting Minutes on handling the issue. The Roundtable will develop a newsletter to provide information to cities on financial impacts if I -695 passes. Discussion turned to the ALBLS levy. Mayor Rants said it would be in the best interests of the City if the Council is familiar with the levy and how passage is important to the region. Councilmember Haggerton recently spoke with an individual (after the Cascade Alliance meeting) who complimented the City on actions taken to improve the City over the last 10 years. Councilmember Carter reported a business owner has complained that the overlay work on Pacific Highway is not occurring at night and is affecting his business during the day. The business owner indicated he was informed that Tukwila would not allow construction during the night. Director Lancaster said the construction company has requested a noise variance to perform some of the work at night. Staff has granted a temporary noise variance for some night work that will not occur near residences. Wayne Traynor. 12910 58 Avenue South. Tukwila, asked Councilmembers to drive on 65 Avenue to experience what he experiences every time he tries to enter his residence. He complained that overflowing dumpsters are located along 65t Avenue at the Maple Crest Apartments and asked the City to insure the situation is corrected. (9:05 p.m.) Council President Fenton recessed the COW meeting to convene an executive session. EXECUTIVE SESSION: (Potential Litigation :30 minutes) No action was taken. ADJOURNMENT: (9:35 p.m.) Having no other business to come before the Council, Council President Fenton adjou -4 the Committee of Whole meeting. c. Miscellaneous: /LA David Fenton, Council President 7 4 Robert H. Baker, CMC, Deputy City Clerk for Valerie Gow, Recording Secretary Date Minutes Signed: Page 10 of 10 July 26, 1999 2/99