HomeMy WebLinkAbout2003-09-22 Committee of the Whole MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE:
Calling the meeting to order at 7:00 p.m. was Joe Duffie, Councilmember, who also led the Pledge of
Allegiance.
COUNCIL ATTENDANCE:
Present were Councilmembers Joe Duffle, Joan Hernandez, Jim Haggerton, Pamela Linder, David Fenton
and Richard Simpson.
Absent was Council President Pam Carter.
OFFICIALS:
CITIZEN COMMENT /CORRESPONDENCE:
TUKWILA CITY COUNCIL
September 22, 2003 7:00 p.m.
Tukwila City Hall Council Chambers
COMMITTEE OF WHOLE MEETING MINUTES
Steven M. Mullet, Mayor; Rhonda Berry, Assistant City Administrator; Jane Cantu, City Clerk, Lucy
Lauterbach, Legislative Analyst; Jim Morrow, Public Works Director; and Frank Iriarte, Public Works
Project Manager.
Barbara Abhold- Gonzales, living out of her car and "feeling violated" notified Council she was recently
accepted as a resident at the Samara Apartments, under the management of Councilmember David
Fenton, and subsequently denied tenancy. Upon time to move in, Ms. Abhold- Gonzales "was denied...and
told...(she) was not a desirable tenant...and...was to take...(her) deposit back." Refusing to accept the
deposit at that time, the applicant promised to "look into the situation." Further, Ms. Abhold- Gonzales
reported her friends were "treated roughly" when they went to assist in the return of her deposit. Ms.
Abhold- Gonzales spoke in favor of the City maintaining and /or distributing brochures or other information
relative to Landlord/Tenant Rights.
Rhonda Berry, Acting City Administrator, informed those present that the Human Services Division of the
Mayor's Office does indeed have copies of a Landlord/Tenant brochure. Ms. Berry will ensure the City
Clerk's Office receives a supply of that brochure. Additionally, Ms. Berry advised Landlord/Tenant issues
are best handled by the Washington State Attorney General's Office. She also advised a Tenant's Union
exists to assist those in need, and "access to legal help through the City's Human Services Division for
people who cannot afford to pay for legal help" in the event they feel housing discrimination exists.
Mary Collins, 14404 51 Avenue South, Tukwila, an acquaintance and fellow church goer with
Ms. Abhold- Gonzales, realizes this is not necessarily a "City Council problem" yet stated it's "the person
who is representing us as a Councilman." She questions the motivation behind the denial of tenancy.
Councilmember Duffle thanked both ladies for attending and speaking. He also invited them to contact
Ms. Berry with further questions or concerns,
SPECIAL ISSUES:
a. Proposed Ordinance Granting a Non Exclusive Franchise to VoiceStream
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE
FRANCHISE TO VOICESTREAM PCS III CORPORATION, A SUBSIDIARY OF T- MOBILE USA
INCORPORATED, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF
WASHINGTON, FOR THE PURPOSE OF INSTALLING, OPERATING AND MAINTAINING A
WIRELESS TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE
CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
City of Tukwila Page 2 of 5
City Council Committee of Whole Minutes September 22, 2003
Councilmember Linder noted review of this item during the September 16, 2003 Utilities Committee
meeting. There, it was learned Voice Stream proposes to install a wireless facility within Tukwila's right
of -way and on some private properties as well. This requires a franchise agreement.
Frank Iriarte, Public Works Coordinator, presented the request from VoiceStream PCS, a subsidiary of T-
Mobile, for a franchise to install, operate and maintain a wireless system in the City's right -of -way. Being
in business for over 10 years, VoiceStream has over 10 million subscribers nationwide.
In Tukwila, VoiceStream has generated approximately $142,000.00 in revenues. From that amount, the
City has received approximately $5,400.00 in utility taxes. The figure seems to have increased each
month since April 2003.
During the past two years, VoiceStream has installed two wireless systems in the City. Both are located
on public properties and were obtained under the Conditional Use Permit (CUP) process. The system to
be installed currently is located at 144 and 51s Avenue South, across from Bonsai Nursery. That permit
will require (first) a franchise agreement with the City.
If the franchise agreement is granted, an antenna -radar system will be mounted (flush) on a 35 -foot-
high, wooden pole (owned by Qwest). A conduit containing coax cable will run from the antenna system
to the ground and into a Base Transceiver System (BTS) located on private property.
Reviewing the proposed ordinance regarding a franchise agreement, Mr. Iriarte noted three amendments
will be made before final consideration.
First proposed amendment Third WHEREAS -add and residents" after the word
"business"
Second amendment Fifth WHEREAS include proper RCW citation
"RCW 35A.47.040"
Third amendment Section 3, 2 sentence
-add "is filed" after the word
"acceptance"
The proposed franchise agreement is set for a period of three years, as opposed to a request from
VoiceStream of 10 years. This provides City staff with necessary flexibility to deal with future impacts
and decisions from the Council, and potential changes in and with FCC regulations.
Next, Mr. Iriarte pointed out the Telecommunications Act prohibits the City of Tukwila from collecting
franchise fees. Thus, we are limited to charging fees associated with the CUP process, SEPA, a right -of-
way Type C permit, building permits and a $5,000.00 administrative fee to be charged to VoiceStream for
processing the franchise agreement.
Mr. Iriarte pointed out the proposed franchise agreement (ordinance) contains all requirements of the
Right -of -Way Use Code recently adopted by the City Council. Further, he spoke in favor of adopting the
proposed ordinance /franchise agreement. VoiceStream wants to offer digital voice, messaging and data
services.
Fielding questions from the Council, Mr. Iriarte shared photographs of the round utility pole that will be
used with the equipment and a "glue- laminated" pole that some municipalities have required. Also
shared was information to be used in connection with the equipment; information regarding proximity to
traffic and barricades; and the fact we are not able to adjust prices for different heights of poles.
Construction is slated to begin October 1, 2003.
Jim Morrow, Public Works Director, noted pole installation will include a minimum setback from the lanes
of travel, such that it will not become a traffic hazard.
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City Council Committee of Whole Minutes September 22, 2003
Barbara Abhold Gonzales, reported working for U. S. West for 32 years, in the Engineering and
Planning Divisions, and stated she is "amazed" that Qwest would work in conjunction with
VoiceStream/T- Mobile. This is contrary to what she has "read in the paper" recently. Additionally, she
asked why "we don't rent poles."
Responding to Ms. Abhold- Gonzales, Jim Morrow noted VoiceStream is separate from other
telecommunications firms, so any of the companies may apply (to the Council) for a franchise to operate
their business. Relative to obtaining rent from any existing telecommunications, Mr. Morrow stated the
City is prevented from doing such unless it is actually on City-owned property. The public right -of -way
does not fall into that category.
Consensus of Council existed to forward this item to the October 6 City Council Regular
meeting.
b. Public Works Trust Fund Loans Allentown Phase II /Foster Point Sewer Water Project
and Cascade View Drainaae Project
Councilmember Linder noted review of this item during the September 3, 2003 Utilities Committee
meeting. There, it was learned City staff had received tentative approval of both loan requests. The
Committee agreed to forward the item to the Committee of Whole as informational.
Jim Morrow, Public Works Director, reminded Council that it was nearly 3.5 months ago that staff
requested (and received) permission (from Council) to submit applications to the State's Public Works
Trust Fund for two projects. The first was for Phase II of the Allentown /Foster Point communities to
install sewer. The second project was for the elimination of drainage problems that the Cascade View
community is experiencing.
Both projects are included among those that the Public Works Board will recommend to the 2004
Legislature for financing. Letters stating such were received from John LaRocque, Executive Director of
the Public Works Board. Unless something (unforeseen) happens, the Legislature will sign the approval
for both projects and the City will receive its funds (most likely) in May 2004. Design is intended to be
complete by that time and Mr. Morrow hopes the City can advertise both projects (for construction) in the
summer of 2004.
The Cascade View project loan is at 1 meaning the debt service per year will be $232,744.00
(approximate). The Allentown /Foster Point project loan amount is at 2 with an annual debt service of
$348,593.00 (approximate). By applying for these loans versus bond issuances, the City saves money
(approximately $160,000.00 per year).
Mr. Morrow noted there are a significant number of residents in the Allentown /Foster Point area still on
septic systems. Those are failing. This project will install sewer that these homes can then connect to.
In the Cascade View community, there is a "serious groundwater problem" where water is coming to the
surface and flooding residences and making sidewalks unusable. This project will design a system to
capture that water, divert it and carry it away from the residences. New sidewalks and street drainage
systems will be installed.
Responding to Council inquiries, Mr. Morrow noted adequate revenues are present to cover loan /debt
service amounts and are represented in the proposed budget currently being reviewed by Council. He
also noted the differences in debt service amounts between the two projects. Finally, he reported
workshops /informational meetings would be held to inform residents of what is going on, how the
projects will be handled and when they will take place.
This item is informational in nature, with no action being required; thus no further
action /consideration is required.
City of Tukwila Page 4 of 5
City Council Committee of Whole Minutes September 22, 2003
REPORTS:
a. Mayor
Mayor Mullet reported Transit Oriented Development and Tukwila Urban Center workshops took place
last week. A follow -up meeting was also conducted with Michael Friedman. Within the past week, the
Mayor has also attended a Jail Usage meeting, a WRIA 9 meeting and Suburban Cities Association Land
Use Annexation summit. City staff raised over $2,100.00 for the September 20, 2003 Heart Walk. Staff
also participated in the Dragon Boat Races on September 21, 2003, and took 2n place in the race. The
Exit Interview with the Washington State Auditor went well today, and the Auditor was very
complimentary. AWC will conduct a meeting at the Embassy Suites this week.
b. City Council
Councilmember Duffle is still meeting with Somali representatives. No decisions or resolutions have
been reached "on anything."
Councilmember Hernandez attended the September 16 Transit Oriented Development workshop. She
also noted a September 23 Community Affairs and Parks Committee meeting. She is unable to attend
that meeting as she already accepted an invitation to attend the Police Volunteer Banquet on the same
evening. Councilmember Fenton agreed to attend that meeting in her stead.
Councilmember Haggerton will attend the Community Affairs and Parks Committee meeting and
Police Volunteer Banquet on September 23. Mr. Haggerton will also attend an AWC regional meeting at
the Embassy Suites in Tukwila, as well as a Cascade Water Alliance meeting on the same date.
Councilmember Linder reported attendance to the Exit Interview meeting with the Washington State
Auditor. Many accolades were given to staff for their efforts and Ms. Linder also gave kudos to Alan
Doerschel, Finance Director and his staff.
Councilmember Fenton will make an appearance at the Police Volunteer Banquet on September 23,
2003.
Councilmember Simpson had no report.
c. Staff
Rhonda Berry reported a "Drop -In Meeting" on September 23, on the South 144 Street Improvement
project, between Military Road and 42 Avenue South, at the Samara Apartments Cabana Room between
5:00 and 7:30 p.m. The purpose is to gain citizen input on the project. Next, Ms. Berry noted the City's
Wellness Fair would take place on September 25. Finally, she reported the Mayor's Day of Concern For
the Hungry is set for Saturday, September 27, 2003.
d. City Attorney
Shelley Kerslake was not present.
e. Legislative Analyst
Lucy Lauterbach reported the next budget review workshop is set for September 30, 2003 at 5:00
p.m., at the Tukwila Community Center.
MISCELLANEOUS:
Pastor Zachary Bruce, Freedom Church, Seattle,, unable to be present during citizen comment, was
granted permission to speak. Pastor Bruce and members of his church were present (and stood) as
Pastor Bruce recognized Barbara Abhold- Gonzales as a new member of his church. He reported receipt
City of Tukwila Page 5 of 5
City Council Committee of Whole Minutes September 22, 2003
of a "very disturbing report" as it relates to Ms. Abhold- Gonzales' housing situation and subsequent
encounters between Mr. Fenton and Ms. Abhold- Gonzales' friends. He asked what the Council would do
with one of its own under these circumstances.
Councilmember Duffie reported the matter had been referred to the City Administrator for further inquiry.
Pastor Bruce insisted on receiving information at this meeting. To that end, Ms. Berry reported this as a
private issue between a landlord and tenant; and not to be handled by the City Council. Being pressed
for further information by the Pastor, Ms. Berry noted she must first determine what happened and then
determine "what the appropriate steps are."
Councilmember Duffie suggested a meeting between the Pastor and the City Administrator.
Councilmember Haggerton suggested the Council should receive advice from the City Attorney at /before
the next Council meeting. The advice sought is if and /or to what degree the Council should get involved,
and if they are not to be involved, he would like that in writing.
ADJOURN:
8:00 p.m. HERNANDEZ MOVED; LINDER SECONDED; TO ADJOURN THE COMMITTEE OF
WHOLE MEETING TO CONDUCT A SPECIAL MEETING. The motion carried 6 -0.
E e oui'
tiffi I President j.' tâ– Tem
L 1
Jane E. Cantu, CMC, City Clerk
Date Minutes Signed: September 30, 2003