HomeMy WebLinkAbout2000-09-11 Committee of the Whole MinutesTUKWILA CITY COUNCIL
September 11, 2000 7:00 p.m.
Council Chambers City Hall
CITY COUNCIL OF WHOLE COMMITTEE MEETING MINUTES
CALL TO ORDER: Council President Joe Duffie called the Committee of the Whole meeting
to order and led the audience in the Pledge of Allegiance.
ROLL CALL: Council Analyst Lucy Lauterbach called the roll of Council. Present were
Council President Joe Duffle; and Councilmembers Joan Hernandez, Pam Carter, Jim Haggerton,
Pamela Linder, David Fenton, and Richard Simpson.
OFFICIALS: Steve Mullet, Mayor; John McFarland, City Administrator; and Lucy Lauterbach,
Council Analyst.
SPECIAL PRESENTATIONS:
a. "Free Expressions" project for Tukwila School Children
Councilmember Hernandez introduced Dr. Lorna Gonslaves -Pinto and gave her educational and
professional background. Dr. Gonslaves -Pinto is the Director of Race Relations for the National
League of Cities.
Dr. Gonslaves -Pinto provided a presentation on the "Free Expressions" project and noted
Tukwila is part of a national campaign to promote racial justice. The program suggest cities
engage very thoughtfully in making plans to implement initiatives that have productive outcomes
for promoting racial justice within the community. She noted that due to the diversity of
Tukwila, the City was a good candidate for initiating the "Free Expressions" project.
The "Free Expressions" project is the avenue that allows young people the ability to express their
insights regarding racism, which are often very difficult to express. Many young people feel
they do not have the capability or the courage to talk about racism. The "Free Expressions"
project has generated wonderful ideas and has allowed young people the ability to share with the
community their views. Through their artwork, a legacy will be left behind in the community to
benefit other generations. The artwork can potentially adorn city hall, schools, and travel to
Washington D.C. and other cities.
Dr. Gonslaves -Pinto would like to have Tukwila become an example of what one community can
do to look at the issue of racism through the eyes of young people and from those free
expressions elicit some themes and develop action plans. The project has a remarkable
opportunity to bring the community together on an issue, which is one of the most important
issues of today.
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She explained that teachers would be providing materials to their classrooms and need sponsor
support from City teams. Once students create "Free Expressions they will be taken to the
school. A reception will be held to kick -off the exhibits that include endorsement by community
leaders and several community speakers. The event is open to the public. The exhibit could
travel to malls, schools, churches, and other community locations.
She reported the results from meeting with students and school administration earlier in the day
to kick off the program was well received by students and staff.
Councilmember Hernandez shared that if the students complete the artwork in time, there is the
possibility of displaying the artwork in Boston during the National League of Cities Conference.
Dr. Gonslaves -Pinto indicated Tukwila is the first City introduced to the project.
Dr. Gonslaves -Pinto indicated high school age students would be working on the project. Dr.
Silver said students and staff will plan how to determine how the project will be completed
either classroom- based, school- based, or a combination of both. Staff is working in teams to
begin formulating plans that will be shared with students.
Councilmembers shared other ideas on how the artwork could be displayed locally, statewide, or
nationally. Councilmember Haggerton suggested it might be possible to have several of the
students accompany the exhibit to one of the national conferences in Washington, D.C.
Councilmembers thanked Dr. Gonslaves -Pinto for the opportunity for the City of Tukwila to
participate and become the target City to initiate the project. Councilmember Simpson referred
to the planning effort for art at Tukwila's Plaza on Tukwila International Boulevard and
suggested there might be an opportunity for an art piece to be included as part of the Plaza art.
Dr. Gonslaves -Pinto explained that typical artwork created by students include poetry, drawings,
and paintings that are laminated for ease of transporting. There have been some pieces of
sculptured artwork. However, she emphasized that artistic quality and perfection is not
important, it is the meaning that is important.
Mayor Mullet reported staff met earlier with Dr. Gonslaves -Pinto and in addition to the "Free
Expressions" program, the City discussed other programs the City could become involved in.
One idea is to conduct more outreach to students. He disclosed that he and Chief Haines would
be working on several ideas and would provide an update to the Council on some suggestions.
Council President Duffle introduced Dr. Silver, Superintendent of the Tukwila School District to
the audience.
CITIZEN COMMENT'S /CORRESPONDENCE:
Bart Johnson, 2245 S. 148`". Tukwila, stated he has not received a response to his concerns
from Administrator McFarland as he was promised. He asked how the City changes ordinances
for new construction in residential areas. The City's Development Guide does not spell out
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measures required by developers to protect citizens during construction projects. He referred to a
developer currently constructing single family homes near his home who is generating noise, and
abusing adjacent residences by littering, driving on private property, discarding cigarette butts
and leaving rocks on private property. Mr. Johnson said there is nothing requiring builders to
conform to certain requirements when building near residential areas. The builder has been
confronted and has informed residents that it was not his problem. Mr. Johnson commented that
he went to the City to complain and received the same message. Mr. Johnson said he would like
to know whose problem it is. He suggested new ordinances are needed to protect citizens from
builders.
Mr. Johnson suggested the City should require the developer to install barrier fencing to protect
adjacent properties from the construction project and recommended the City implement rules
ensuring builders comply with requirements to protect citizens.
Mr. Johnson asserted he has been treated poorly by the City and recounted several examples of
conversations he has had with staff where he wasn't supplied with public information and was
informed that staff was spending too much time talking to him. He asked if there is a limit of
how much time a City employee can spend on answering questions. He requested an apology
from staff for the way he was treated.
Mr. Johnson accused Administrator McFarland of calling his father in Cle Elum and asking his
father to talk with him about not visiting the City and inquiring about things that do not concern
him. Mr. Johnson said his action was wrong and he does not appreciate how he was treated.
Mr. Johnson referred to overhead utilities issue and pointed out there is a City ordinance
requiring the undergrounding of all utilities. Excuses have been provided by the developer that
other overhead utilities are located up the street, therefore he doesn't need to underground. Mr.
Johnson noted that it was over 300 hundred feet away and accused the City of letting the builder
get away with doing nothing. This builder is doing as little as possible. He has dirt on one
neighbor's property, garbage on his property, and water on another property and the City is not
doing anything to rectify the situation. He reiterated the City should have guidelines to protect
the citizens of the City.
Mr. Johnson suggested that if Administrator McFarland had wanted his father's telephone
number he should have called him instead of obtaining the telephone number from his father's
friend. He said the situation was wrong and that the City was only trying to "shut" him up. Mr.
Johnson reiterated that he wants to solve the problems and correct them for the future and asked
for the Council's assistance.
Councilmember Linder agreed with some of Mr. Johnson's concerns and indicated she has not
received an update on information that she previously requested. She suggested including a time
limit for items that are requested to ensure a timely response to citizens.
Councilmember Carter confirmed some information has been received about the undergrounding
of utilities and some of those issues were previously explained to Mr. Johnson. Obviously, Mr.
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Johnson has chosen not to understand the explanation. She disclosed the City had a prior
agreement with the developer that precluded undergrounding the utilities. However, the noise
ordinance is an issue that needs to be explored by the committee.
Councilmember Linder recounted her request was for a chronology of the development situation
approximately one month ago. To date she has not received it.
Councilmember Carter reaffirmed the undergrounding issue has been addressed.
Mr. Johnson remarked that he has not received any answers to any of his questions.
Councilmember Carter again explained why the City could not require underground utilities.
Administrator McFarland addressed Councilmember Linder's contention that the information
was never provided. He reported he provided information on the developer agreement and a
synopsis through an FYI sometime ago. He noted the issue has been complicated. He listened to
Mr. Johnson's complaints. However, the representative of the developer was telling him an
opposite account of the issues. It was difficult to ascertain the truth, as he was not at the site. In
an attempt to rectify the situation, Administrator McFarland said he called the property owner
(who he has known for 20 years) and asked him to follow up on the issues and advise him of the
outcome.
Administrator McFarland denied telling Mr. Johnson to tell his son not to attend a Council
meeting or voice complaints about the issue. He said if that was Mr. Johnson's understanding
then he was misinformed.
Administrator McFarland said he discovered the representative of the developer was not being
truthful with him with respect to how the residents were being the treated. Administrator
McFarland said he called the developer and explained that he had lost creditability with the City
in respect to how he was dealing with the complaints and communicated the importance of
handling the complaints by local residents or the project could be red tagged by City until the
problems were resolved.
After this conversation, Northwest Development began evacuating the foundation for lot three
and hit water. Northwest Development attempted to dispose of the water by pumping it out and
sheet flowing it to an adjacent property. The City informed the developer that the action was not
allowed unless the City received written agreement from the property owner allowing the action.
To date, no such agreement has been received and consequently development on lot three has
been delayed. However, the developer is still pumping the water.
Administrator McFarland reported the situation has been complicated and staff has spent
considerable time on the project, including at least 25 hours of his time. City staff has never
conveyed to Mr. Johnson that the City does not care nor that it is not the City's problem. It is the
City's responsibility to handle complaints generated by residents due to detrimental actions of a
developer.
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Administrator McFarland explained his contact with Mr. Johnson's father was a good faith effort
to attain a solution to the problems with the developer. Mr. Johnson (Sr.) confirmed that many
of the complaints addressed by Bart Johnson had occurred and indicated the builder had been
very rude and uncooperative. Upon learning of the confirmation with respect to many of the
issues brought forth by Mr. Johnson, Administrator McFarland said he contacted the developer
immediately and told him to rectify the situation.
Councilmember Linder said she would appreciate receiving a copy of the FYI. Administrator
McFarland commented that many of the issues are issues to be addressed by the Mayor and staff.
Councilmember Hernandez indicated Mr. Johnson has some valid concerns and suggested
referring Mr. Johnson to the appropriate staff to address his concerns to ensure a resolution is
reached regarding his complaints. Administrator McFarland responded that in many cases, the
answers received by citizens from City staff is not the answers they want. In many cases, the
issues are policy issues. The appropriate person to receive complaints in those cases is the
Mayor. He cited Mr. Johnson's suggestion to adopt an ordinance and suggested it may be a valid
point with respect to development by creating some additional requirements associated with
permitting.
Administrator McFarland reiterated that most of the issues referred to earlier be policy issues the
Mayor needs to address.
Councilmember Haggerton agreed with Councilmember Hernandez and asked how Mr. Johnson
could obtain answers that are palatable. Rather than an ordinance, the Council might want to
consider revising contractual agreements with developers. He emphasized he would like to see
the matter resolved.
Councilmember Haggerton further stated that if the developer has been pumping water from an
underground spring since summer, most likely the water will be there all year long. This raises
the question whether they should be building there at all. He suggested there are some issues the
Council needs to consider with respect to the development. Administrator McFarland replied
that the Pubic Works Department is looking at the issue.
Administrator McFarland referred to the 42 Avenue condominiums and indicated that when
they were under construction, an underground spring was also located. Although, it took a good
deal of work and expense to handle the water issue, an engineering solution was determined. He
has been advised there is also an engineering solution for lot 3. He emphasized that if an
engineered solution could not be developed to handle the water issue, the builder would not be
allowed to build on the lot.
Administrator McFarland responded to questions from Councilmember Haggerton and said the
City issues condition permits depending upon the development. The conditions are specific to
every development. Based on the review by the Fire Department, DCD, and the Public Works
Department, there are a set of conditions that are attached to building permits. However, some
things, such as garbage that has been discarded and picked up by the wind would not be a
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condition. It is assumed that those types of issues would be handled as a matter of routine course
of business. If it is not and the City receives a complaint, one of the building inspectors would
visit the site and direct them to undertake appropriate actions to resolve the issue.
Councilmember Carter agreed that the issues should be handled by Administration, however; she
questioned when the noise ordinance issue would be addressed.
Administrator McFarland advised Mr. Johnson of the public hearing scheduled for the street
vacation on October 16.
Mayor Mullet reiterated the efforts undertaken by Administrator McFarland to resolve the issues.
Administrator McFarland explained he was seeking Council assurance that they understood that
staff was not ignoring the complaints but were addressing the issues proactively. He described
the extent of actions undertaken by him and staff to resolve the issues surrounding this particular
development.
Councilmember Fenton suggested that with the extent of the information received he concurs
that Administration has the issue under control and advised Mr. Johnson that there are procedural
rules that the Council must adhere to concerning such matters. He informed Mr. Johnson that he
has provided sufficient information as needed to resolve the issues administratively.
Council President Duffie asked Mr. Johnson to summarize any additional comments.
Mr. Johnson explained he was at the Council meeting because he feels the City didn't take care
of his complaints. He reiterated that his issues and staff responses were the main reason for him
addressing the Council. Mr. Johnson continued to argue with Council President Duffie and
insisted the Council address some of his concerns regarding staff's comments on the some of
issues. Council President Duffie asked Mr. Johnson to submit his additional concerns in writing
to the City for a response by Administration.
SPECIAL ISSUES:
a. Contract with Mithun Partners for design work on options for City Hall and
Tukwila Village
Administrator McFarland reported the contract is to continue work on three options for City Hall
at the current site, and four options for City Hall, retail, commercial, and housing options for
Tukwila Village. Mithun Partners are continuing progress of designing various options that will
assist in generating comments at the Council's September 21 meeting. Some conceptual
drawings will be presented to allow everyone to visualize what is possible on the Tukwila
Village site. Additionally, some drawings will be presented to outline some options for an
expanded City Hall campus at its current location. These include remodeling City Hall and the
Minolta building, potential siting of a City Hall annex on the parking lot property to the
northeast, and at the Mayor's direction, a rendering of the south lawn of the City Hall building
for expanding City Hall capacity.
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The contract terms include references to City Hall offices and community center. Those
reference should be corrected to read City Hall and Community Resource Center. Additionally,
the dates of City Council meetings will be modified reflect the correct dates.
Councilmember Carter expressed support of the contract and the fact that visual aids would be
supplied to assist with visualizing efforts. Administrator McFarland distributed a sample of a
conceptual drawing of one of the modified buildings.
Councilmember Haggerton referred to the Exhibit A of the contract and expressed a preference
for no major surprises to the Council under item, "Additional Options as requested by City
officials or staff." Administrator McFarland acknowledged that any required additional work
would be submitted to the Council as an additional scope of services.
b. Contract with Dr. Hal Cooper to complete work on a light rail alternative
Councilmember Hernandez reported the proposed amendment would be an increase to the
original contract of $20,000 which was subsequently increased by another $50,000 to complete
the additional analysis. The request is to increase the contract by another $50,000 for a total
contract of $120,000 to propose another option for the E -4 route that may reduce the costs of the
route to South Center that may be less than the costs associated with route E -3. She noted it's
another option worth consideration.
Administrator McFarland reported he received some preliminary studies from Dr. Cooper. A
preliminary feasibility analysis was completed by Dr. Cooper of a 100% public right -of -way that
would remove the route off private property through the East Marginal Way corridor. The route
would travel along I -5 and then westbound on SR 518. This has some interest to Sound Transit
as building the Boeing Access Road station would not be necessary, thereby saving a
considerable amount of money. Staff believes the alternative represents a cost less than the E -4
route and at the same time it moves the route 1,200 feet closer to Tukwila's central business
district that will further reduce the costs of a spur rail to the Sounder Station.
Administrator McFarland indicated the work demonstrates to Sound Transit how the City is
working diligently and using City resources to find alternatives to route E -1.
Councilmember Fenton expressed support of Dr. Cooper's efforts and questioned if the
alternative would be completed by Sound Transit's deadline of January 12 regarding a decision
on the route, and if there was any guarantee that Sound Transit would consider the alternative.
Administrator McFarland responded that he had preliminary discussions with Bob White,
Executive Director at Sound Transit, who has expressed a willingness to review the alternative.
Much of the issue is contingent upon the Boeing Access Road Station. Dr. Cooper has
committed to a delivery date of the alternative by September 20.
Administrator McFarland responded to questions from Councilmembers concerning the location
of the route along I -5 and explained the alternative will include route variances. Councilmember
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Carter indicated she supports the work but would prefer Sound Transit acknowledge the work
Tukwila has performed to develop alternatives, which will be beneficial for both parties.
Bart Johnson. 2245 South 148"'. Tukwila, commented on the large amount of money that the
City is paying Dr. Cooper for his consultation services. He suggested it was too much money
just to fund Dr. Cooper's ideas on how to route a light rail system from point a to point b. He
disagreed with approving additional funding.
Mayor Mullet responded that Dr. Cooper's work involves considerable time and work on the
process. Councilmember Carter said it's unfair to characterize Dr. Cooper's work as a service as
the consultant is completing engineering work for the City. Mr. Johnson remarked that $70,000
was a lot of money and asking for an additional $50,000 was too much. He asserted that the light
rail system has been in the process for the last five years and the City should not continue
spending money but concentrate on having the system built.
c. Amendment to Skyway Towing contract #98 -053
Councilmember Hernandez said the City awarded a bid to Skyway Towing two years ago as the
lowest bidder. The proposal is to amend the contract to renew the contract with Skyway Towing
and to accommodate a slight increase in rates as requested by Skyway Towing. Councilmember
Hernandez explained the rates would still be lower than the Washington State Patrol contract
rates. She reviewed the previous contract rates and the proposed rates compared to Washington
State Patrol contract rates for specific services (Class A Class C services). The Police
Department is very satisfied with their services and Police Chief Haines recommends approval of
amending the contract.
Joanne McManus, 5610 S. 133'. Tukwila, commented that the towing company has been busy
as the Citizen Patrol has used the service to tow eight junk cars within the City.
Council President Duffle moved the last three agenda items to the next regular Council meeting
for consideration.
REPORTS:
a. Mayor
Mayor Mullet reported all the businesses on Highway 99 selling drug paraphernalia have ceased
selling the items.
He reminded Councilmembers of the Budget meeting on September 12 at 6:30 p.m. and of the
Wednesday, September 12, Suburban Cities meeting.
Mayor Mullet reported he would be appearing on Kent's community TV on September 11. His
comments focused on issues associated with the 180"' crossing.
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Mayor Mullet reported a meeting focusing on economic development within the City with
approximately 40 individuals to include staff and business representatives would meet next week
to provide input from the business environment. A summary will be developed for review by the
Council for direction on how to proceed and a scope of work for hiring an economic advisor for
the City.
B. City Council
Councilmember Hernandez reported she attended the Equity and Diversity Commission
meeting on September 7. Discussion items included the Community Access Guide. A draft has
been developed and quotes are being sought for translation services. A grant application has
been submitted to Boeing for funding the translation costs along with searching for other
businesses that might be interested in funding and advertising opportunities. The "Friends and
Family" event was announced for October 25 at 6:00 p.m. Also discussed was the visit by Dr.
Lorna Gonslaves- Pinto.
Councilmember Carter referred to a resolution the Council might consider, which is supported by
the Equity and Diversity Commission on support efforts to combat racism.
Councilmember Carter reported she and Mayor Mullet attended a meeting on September 6 that
reviewed the work and findings of the Blue Ribbon Commission on Transportation. She noted
the presentation was informative concerning the proposals. The Mayor of Kent submitted a
position paper for the City of Kent. Councilmember Carter said she has asked staff to review the
information for possible endorsement by the Council and has requested including the information
on the SCATBd meeting agenda next week.
On Friday, September 15, she attended the Sub -area Transportation Boards, which was a joint
meeting to discuss proposals for a joint package of projects consisting of major corridors that can
be presented to the state legislature to convey transportation priorities for the region. An October
breakfast meeting with all legislators from the King County area is being arranged. One
objective of the breakfast meeting is to convey the importance to legislators of voting together
and supporting transportation issues for the region.
Councilmember Carter attended a Transportation Committee meeting earlier in the evening.
Members reviewed funding options for Burlington Northern Santa Fe access. Four options will
be presented to the Council for review.
On Thursday, September 14, Councilmember Carter will attend the Transportation Policy Board
meeting at Puget Sound Regional Council.
Council President Duffie corrected a previous misstatement he made concerning
Councilmember Haggerton's support of the 48 alignment for the bridge. He acknowledged that
Councilmember Haggerton is not supportive of the 48 alignment for the bridge.
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Council President Duffle referred to conversations he had with Dr. Lorna Gonslaves -Pinto during
lunch and expressed how fortunate it was for students to have the opportunity to participate in
such a positive project. He encouraged everyone to support the students and asked students to be
supportive of the City and Council. He noted that he would have the opportunity, while in
Boston to visit with students who have established a mayor /council student form of government.
He commented on the outstanding presentation by a student council president to the Council of
the National League of Cities in Los Angeles. The young man successfully addressed over seven
hundred people at the conference.
Councilmember Haggerton reported he recently had two meetings with the State Auditor's
Office regarding the audit of ACC books. An ACC Executive Committee meeting is scheduled
for Tuesday, September 12 at 4:30 p.m. before the Budget Committee meeting. The audit of
ACC involves a three -week process rather than a two -week process as he previously shared. The
State Auditor's office will release a letter concerning the results of the audit. The letter will be
available to the public.
On Wednesday, September 13, he will attend the Cascade Water Alliance meeting in Bellevue
followed by a meeting in Shoreline of Suburban Cities.
Councilmember Linder reported the South King County Human Services Forum will be
meeting on September 14 and will be discussing their legislative forum and receive a food bank
update.
Councilmember Linder said she would be representing the Council at a local Block Watch
neighborhood meeting on September 14. She will provide a report to the Council.
Councilmember Fenton will attend a Community Affairs and Parks Committee meeting on
September 12 to discuss distribution of Community Block Grant Funds (CBG).
a. Staff
Administrator McFarland reported the fire on 42n Avenue (formerly Dave's Economy Shoe
Repair) was an arson fire. While in the act of spreading lighter fluid under the steps of the
basement, the arsonists were apparently startled because they did not complete their task. There
are no specific suspects and there was minimal damage to the structure.
Administrator McFarland explained to the Council why code enforcement is difficult. The City
sought to obtain an injunction on the Hemmerling case. Recently, the judge in the matter
determined the offense was not a nuisance or an offense to the senses. The judge would like to
see the issue proceed to a jury trail. Administrator McFarland described how this particular issue
is one reason why citizens who call the City to complain are sometimes frustrated by the City's
inability to act and take corrective measures. This is how difficult code enforcement is within
the City. He said the judge's decision was disappointing to staff.
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Councilmember Haggerton suggested it would to every citizen's benefit to learn about judges
and what they stand for and their positions before they vote.
Administrator McFarland reported Administration has been notified by the City of Ikawa that the
delegates visiting Tukwila has been reduced to 43 from 45 representatives. A contract has been
signed with the Museum of Flight for the banquet. The Sister City Committee is meeting on
September 12. The Council will receive an itinerary for discussion at the next meeting.
9:00 p.m. Hernandez moved; Fenton seconded; to recess the regular meeting for a 10-
minute Executive Session on possible land purchase.
EXECUTIVE SESSION:
Possible land purchase Pursuant to RCW 42.30.110(1)(g)
ADJOURNMENT:
9:12 p.m. No action was taken as a result of the executive session. Having no other business to
come before the Committee of the Whole, Council President Duffle adjourned the meeting.
cue .I ffe Council 4
Robert H. Baker, CMC, Deputy City Clerk
For Valerie Gow, Recording Secretary
Date Minutes Signed: 20 /00