HomeMy WebLinkAbout2004-08-09 Committee of the Whole MinutesCALL TO ORDER /PLEDGE OF ALLEGIANCE:
COUNCIL ATTENDANCE:
OFFICIALS:
SPECIAL PRESENTATION:
TUKWILA CITY COUNCIL
August 9, 2004 7:00 p.m.
Tukwila City Hall Council Chambers
COMMITTEE OF WHOLE MEETING MINUTES
Calling the meeting to order at 7:00 p.m. was Jim Haggerton, Council President, who also led the Pledge
of Allegiance.
Present were Council President Jim Haggerton; and Councilmembers Joe Duffie, Joan Hernandez, Pam
Carter, Pamela Linder, Dennis Robertson and Dave Fenton.
Rhonda Berry, City Administrator; Lucy Lauterbach, Legislative Analyst; Jane Cantu, City Clerk; Alan
Doerschel, Finance Director; Bruce Fletcher, Parks and Recreation Director; Katherine Kertzman, Tourism
and Marketing Manager; Evelyn Boykan, Human Services Manager; and Mary Miotke, Network
Administrator.
Inclusive Recreation —Grant Richardson Kathy Lucchesi Boundless Choice
Grant Richardson. Boundless Choice. spoke of addressing the Community Affairs and Parks Committee
(on July 27, 2004) and was present to educate the Council on "Inclusion" and its requirements as it
relates to various agencies.
Mr. Richardson broke his back (24 years ago) in a motorcycle collision and became paralyzed. Before
that, he was an avid bicycle rider, skier, soccer player and enjoyed other activities as well. After
becoming paralyzed those activities ceased, as did much of the interaction he previously enjoyed with
friends. "That's a big part of what Inclusion is about." Inclusion is playing (recreating) with friends,
where and when you choose. It's about choice, equal access, relationships and benefiting from the
community.
The benefits for Tukwila's Parks and Recreation include the ability to serve all community members. It is
estimated that as much as 25% of the City's community members have some sort of disability. Many of
those, he guesses, are not currently benefiting from such a program. Another benefit to the City is
compliance with the Americans with Disabilities Act (ADA). Involvement with the ADA takes training and
preparation, and commitment. When those things are achieved, the fear of involvement with the
program and its factors are greatly decreased.
One additional benefit to the City, Mr. Richardson reported, is increased revenues for the City as more
are allowed to participate in various programs and activities.
Benefits also exist for individuals with disabilities. Such individuals are able to recreate with friends, build
relationships, improve physical fitness, energy and health. With those benefits, decreased health care
costs are also realized.
Benefits of Inclusion for individuals without disabilities include decreased fear and perceived prejudices,
creation of a stronger /richer community and improved images of people with differing abilities.
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Kathy Lucchesi. Recreation Therapist, has a husband (in a wheelchair) and three children. As a family,
they recreate together and often come up against obstacles such as physical access, attitudes, lack of
communication and awareness. Those obstacles result in barriers to full enjoyment of recreation. Ms.
Lucchesi's goal as a recreation therapist is to eliminate such obstacles and barriers through
communication, education and training. Fear of working with people (with disabilities) must be
eliminated through the same methods. To that end, Mr. Lucchesi presented three different plans which
have proved useful in eliminating those obstacles and barriers.
Ms. Lucchesi reported work (by Boundless Choices) with Auburn, Everett, Federal Way, Kent, Kirkland,
Mercer Island, Renton, Seattle and Tukwila's Parks and Recreation Departments, YMCA of greater Seattle,
Boys and Girls Clubs of Bellevue, Junior Achievement, private fitness centers, day cares and more. Their
goal to "make the greater King County area...an inclusive place...where people can recreate with family
and friends..."
Grant Richardson. President, Boundless Choice, noted the company has existed four years. Their
purpose is to ensure people are fully included in the activities offered by public agencies. They would
"like to create a community in the greater Seattle area that collaborates...and works together...with
neighboring agencies to create a more cohesive service for people with disabilities."
To achieve their goals, Mr. Richardson reiterated the need for a commitment by leadership, keeping the
costs down and the desire to keep the activities accessible to all.
Council thanked Mr. Richardson and Ms. Lucchesi for their presentation and providing clarification on the
issues.
Councilmember Duffie encouraged Mr. Richardson to contact Tukwila School District officials to make the
same presentation at that venue.
Bruce Fletcher, Director of Parks and Recreation. met Mr. Richardson approximately 18 months ago and
was excited to know there are experts in the area who can assist in this field. Mr. Fletcher invited Mr.
Richardson to a Parks Directors' meeting for a similar presentation to raise awareness and for moving
forward.
Mr. Fletcher informed Council that five or six City staff members participated in training on the issue.
Staff was eager to learn, share and motivate others. A grant was subsequently obtained by the Cities of
SeaTac, Tukwila, Des Moines and another area city for special needs items such as trips and social
events. That is just one element we had not earlier tapped into. Those same cities are now working
together to obtain more training, do more things and continue to grow in these efforts.
CITIZEN COMMENT /CORRESPONDENCE:
Al Pieper, 17083 53` Ave. So.. Tukwila„ sought information relative to the intended sale of his property.
Citing TMC Chapter 17, Mr. Pieper quoted the requirements for short plats "without any provisions for
different requirements for different situations which may exist." He has found no assistance relative to
applying for a variance and stated City staff has been unable to assist. Reviewed specifics relative to his
situation, Mr. Pieper said he "can't get an audience with the Engineering or the Planning Department, 'cuz
they're in a meeting or busy or something like that..."
Jim Morrow, Director of Public Works, refuted Mr. Pieper's allegation that he cannot get an audience with
the Engineering staff. To date, Mr. Pieper has attended a pre application meeting, has met with at least
three different Engineering staff members, has met with the Director of Community Development, has
met with at least two staff members within the Planning Division of Community Development has also
had at least one conversation with City Hall staff. Mr. Morrow has also written a letter in response to Mr.
Pieper's first request in connection with this issue.
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Councilmember Linder suggested Council receive copies of correspondence and /or confirmation of
conversations with those involved with the matter.
Mr. Pieper noted the "biggest problem is..." he cannot find a variance procedure. At the pre application
meeting, Mr. Pieper was told he had to follow the code. He does not intend to criticize staff. At the
same time, he needs assistance.
Councilmember Robertson suggested the item be forwarded to the Community Affairs and Parks
Committee meeting of August 10, 2004. Council agreed.
Michael Murphy, 14470 58 Avenue South. spoke of a City-owned tree (cedar, "with needles in front
of his residence. This being his second time to discuss the item with Council, Mr. Murphy wants action.
He has pictures of where tree limbs (previously) fell and crushed three cars and stated "the lawyers are
interested" in the issue. Although Mr. Murphy doesn't "want to threaten" Council with a lawsuit, "it will
come to that eventually as someone's gonna get hurt walkin' out on that street." Neighbors are now
complaining about the "150 feet tall" tree which is not being pruned and continuing to grow up through
the sidewalk.
Jim Morrow, Public Works Director, informed Council the tree exists within the public right -of -way. When
the issue first came up, the tree was inspected and it was determined there was "no imminent danger."
If the City were to fall the tree, cost estimates of $10,000.00 are expected.
In response to Council inquiry, Mayor Mullet noted this is a budget issue. To that, Mr. Murphy reminded
Council of the potential for injury should other limbs fall (or the tree itself) for whatever reason (act of
God or otherwise).
PUBLIC HEARING:
Proposed CDBG Projects for 2005
7:40 p.m. Council President Haggerton opened the public hearing.
Evelyn Boykan, Human Services Manager, noted this is the time of year when staff presents an array of
choices to Council relative to ways to spend community development block grant funds. The City
receives an allocation annually and is part of the King County Consortium. As such, we are considered a
"pass- through" city and those funds go from Housing and Urban Development to King County. Funds are
then allocated to respective cities depending upon the number of low- and moderate income people
within those cities.
In order to take advantage of new opportunities and meet the needs of the community, cities are finding
that we must collaborate more with other (local -area) cities. To that end, the Council is faced with
several projects which can only happen if collaboration exists between various cities; i.e., no one city can
fund these projects on their own, thus is takes regional cooperation.
Approximate total entitlement share (in terms of dollars) for 2005 is $261,819.00. More detailed
information regarding actual funds to be received will be forwarded to the City at a later date. The
amount could actually be reduced. King County and respective cities are having a difficult time spending
the funds in what is considered a timely manner. For that reason, a contingency plan exists.
City staff recommends continuing programs in an emphasis in improving the quality of housing in Tukwila
neighborhoods (includes King County Major Senior Services of Seattle King County Minor Home Repair
programs); new facility construction of a Pediatric Interim Care Center; Lutheran Community Services
Northwest project (construction of a new, multi service facility in the City of SeaTac currently in the
pre- design and design phase); HomeSight's FirstHomes program; Tukwila Senior Citizen Program support
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August 9, 2004
(staffing assistance for the Senior Recreation Program Assistant); and Human Services Needs Update (to
hire a consultant to update the City's needs assessment).
Council posed questions to Ms. Boykan regarding specific funds and projects. To determine
recommendations for proposed projects, Ms. Boykan chose (as an internal advisory group)
representatives from Public Works, Planning, Mayor's Office, and Stacy Hansen.
CITIZEN COMMENT:
Anna Bernhard, 14241 59 Avenue South. Tukwila, reported review of various home prices in the
Tukwila neighborhoods and noted they have risen "unbelievably." Two in her neighborhood are for sale
for quite a bit more than their selling price of only a few years ago. Further, she reported "quite a few"
homes for sale right now, and "amazingly" they are selling.
Ms. Boykan noted the previous agreement between King County and HomeSite restricted the gap
financing assistance to $25,000.00. HomeSite is now proposing to increase the amount to $35,000.00. A
potential for an increase in major home repair monies is also being considered.
7:52 p.m. Council President Haggerton closed the public hearing.
In addition to these programs, Ms. Boykan noted the City needs to have a contingency program. If the
City receives more dollars from HUD, we must determine (in advance) where they will be spent. If the
City must take a cut, we must likewise determine from where the monies will be taken. To that end, Ms.
Boykan recommends an increase in dollars would be allotted into the Housing Repair program. If the
City receives decreased funds, Ms. Boykan suggests the City proportionately take a decrease from the
Tukwila Senior Citizen program support, Human Services Plan, and King County Housing Repair program.
Future information may be expected in late summer as to what is going on with HUD's allocation and
whether or not we as a Consortium can spend funds quickly enough so as not to experience a cut /loss of
funds. If we cannot timely spend the funds, King County will lose 30% or $1 million. That is money we
must keep in King County.
An inquiry was received by Ms. Boykan, as she agreed to investigate the potential use of available funds
for the removal of the tree discussed earlier in this meeting by Michael Murphy.
Consensus existed to forward this item to the Regular meeting agenda of August 16, 2004.
SPECIAL ISSUES:
a. An ordinance setting water connection fees for anv new development in the Duwamish
neighborhood
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ESTABLISHING WATER CONNECTION FEES FOR THE DUWAMISH NEIGHBORHOOD;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
Councilmember Carter reported review of this item at a Utilities Committee meeting. The project has
been completed in the Duwamish area. The City and Val Vue Sewer District jointly funded the project
(via Public Works Trust Fund (PWTF) Loan monies). The PWTF loan is for 20 years at 1 /2% interest.
Individuals to pay the water connection fees are those seeking new connections. Monies from this fee
are receipted by the City of Tukwila. King County Metro receipts another separate fee.
Jane Cantu, City Clerk, read a letter into the record from Garrett Huffman, Manager of the Master
Builders Association of King and Snohomish Counties. Said correspondence was received via fax, this
afternoon, by the City Clerk's Office. Said letter asks the city to "consider alternate methods of funding
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City Council Committee of Whole Minutes
rather than assess an impact fee on new home construction." The Association "advocates a Capacity Unit
Assessment (CUA) Program (versus a water connection fee on new development) to finance the pro rata
share of the water infrastructure associated with each new housing unit."
Jim Morrow, Public Works Director, just hearing the letter's contents for the first time, pointed out that
individual homeowners are not paying 100% of the cost of the project. Rather, they are paying their
"fair share" of the connection for new services.
For the record, Mr. Morrow clarified that in the Duwamish neighborhood there is a possibility of 100 total
connections. Of those, approximately 40 will be brand new connections. Approximately 60 connections
currently exist to the water system today. When taking the 100 (total) connections and dividing it into
the total project costs, the individual connection fee is derived. The fee is set to increase one percent
each year, for a 10 -year period. Finally, fees are based on actual cost, rather than overhead or created
costs.
The draft proposed ordinance and potential verbiage changes were discussed.
Mr. Morrow noted he would review the correspondence from Mr. Huffman. Additionally, he will prepare a
written response. Mr. Morrow noted his belief that these types of increases (because of development
and new growth) have been more than fair with existing residences and with those who intend to
develop (including system upgrades, etc.).
Consensus existed to forward this item to the Regular meeting agenda of August 16, 2004.
b. A new lease location for Tourism and Marketina.
Councilmembers Fenton and Hernandez reported review of this item at the August 2 Finance and Safety
Committee meeting. The City is considering a move of its Tourism and Marketing offices to 14220
Interurban Avenue South.
Alan Doerschel, Finance Director and Katherine Kertzman, Tourism and Marketing Manager, reported the
location of the new office and noted the move has the unanimous support of Tukwila's Lodging Tax
Advisory Committee, SeaTac's Hotel /Motel Advisory Committee and the Southwest King County Chamber
of Commerce.
Free tenant improvements and rent will be enjoyed for the first five months of the rental agreement. The
anticipated move -in date is September 1, 2004. Other benefits to the move include street frontage
property, increased parking, building signage, Department of Transportation directional signage before I-
5 and I -405 exit ramps, and an increase of nearly 800 square feet of office space, for approximately the
same cost as the current lease agreement.
Consensus existed to forward this item to the August 16 Regular meeting for action.
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August 9, 2004
c. An Interlocal agreement for Tourism and Marketina services between Seattle Southside
Visitor Services and the City of Kent
Councilmember Fenton reported review of this item at the August 2 Finance and Safety Committee
meeting. The City of Kent has asked to partner with the Seattle Southside Visitor Services as an
associate member.
Alan Doerschel, Finance Director and Katherine Kertzman, Tourism and Marketing Manager, reported the
City of Kent has partnered with Seattle Southside Visitor Services on two recent softball tournaments.
During those efforts, Kent officials received hotel revenues and are impressed with the organization and
want to partner with the organization.
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Partnering efforts by the City of Kent will result in an additional $100,000.00 to the Tourism budget for
2005. Mr. Doerschel called the proposal a win -win situation and presented the draft Interlocal
Agreement for Tourism and Marketing Services between Seattle Southside Visitor Services and the City of
Kent. Kent will also provide $25,000.00 to the Services Bureau in order to bring them "up to speed" to
cover staff time and re- design of a vacation planner.
With minor editing suggestions to the draft agreement, Council President Haggerton discussed the
proposal and spoke in favor of it. Councilmembers Fenton and Linder also spoke in favor of the proposed
agreement.
Consensus existed to forward this item to the August 16 Regular meeting for action.
d. A property exchange agreement with Northfield Car Wash
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August 9, 2004
Councilmember Fenton reported review of this issue at the August 2 Finance and Safety Committee.
There, additional questions were asked and answered and the Committee now supports the proposed
exchange.
Alan Doerschel, Finance Director, reviewed the Property Exchange agreement with Council. The draft
agreement provides for the purchase of the Northfield Carwash (by the City) and transferring of the
Newporter property to the seller, in exchange for approximately $880,000.00.
Andy Berg, owner of the Northfield Car Wash, is currently reviewing the proposed agreement with his
attorney. At the same time, Mr. Doerschel wanted Council to review the draft at this meeting, with "fiscal
authority for the Mayor to sign at the August 16, 2004 meeting."
Speaking of due diligence start dates and the proposed agreement in general, Mr. Doerschel noted the
City may walk away from the deal if contamination is detected on either site. Another issue that raises
concern is language contained in paragraph 9(b) relative to substitution of collateral on the part of Mr.
Berg. The dollar amount connected with issue may be in dispute and will soon be determined.
If the City agrees to the proposed changes within the agreement by Mr. Berg and his counselor, the City
will sign upon authorization by the Mayor. So long as Council agrees with Mr. Doerschel's analysis of the
points raised this evening, staff will be ready to sign. Staff anticipates knowledge of dollar numbers by
the time the item is anticipated for Council action on August 16.
Mr. Doerschel provided answers to Council inquiries as they related to the latest draft of the Property
Exchange Agreement and related edits by Mr. Berg's attorney. He also accepted suggested edits to the
agreement (grammatical /typographical in nature).
Consensus existed to forward this item to the August 16 Regular meeting for action.
e. An ordinance regulating motorized scooters and Electric Personal Assistive Mobility
Devices (EPAMD's)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ESTABLISHING REGULATIONS REGARDING THE USE OF MOTORIZED SCOOTER AND
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (EPAMD's)
Lucy Lauterbach, Legislative Analyst, reported Washington State has not passed "any regulations about these pocket
bikes" and noted it is timely for the City to do so. Differences between pocket bikes, mini choppers, and miniature
motorcycles are addressed within the draft.
As scooters are most often operated by teens who may not abide by Washington State laws (as it relates to motor
vehicles), they have startled some, scared some and annoyed others. Without regulations, Ms. Lauterbach noted the
teens could proliferate problems for drivers and pedestrians.
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August 9, 2004
Scooters are changing rapidly and two common forms of scooters exist electric, personal assistive mobility devices
(EPAMD's) and motorized foot scooters.
EPAMD's look like a skateboard with tall handles and are typically operated by adults. As electrical scooters, they are
quieter and generally slower than gas scooters. Segways are EPAMD's. Some electric scooters look like EPAMD's,
but can go as fast as 50 M.P.H. yet are not classified as EPAMD's. Gas scooters and (some) electrical scooters are
more often low- riders with handlebars that are more level with the rider.
Motorized foot scooters are regulated more strictly than EPAMD's. While both can be used on roads and the
shoulders of roads where the speed limit is 25 M.P.H., a rider must be 16 years old to ride them and they must
wear helmets. Motorized foot scooters are not permitted to be ridden after dark. As a general rule, these riders
must obey Washington State traffic laws. If riding irresponsibly, riders may be cited by authorities.
Questions regarding the draft, proposed ordinance and differences between the scooters, were fielded by Ms.
Lauterbach. While the proposed ordinance can regulate many areas of operation, specifically discussed was the
prohibition of regulating school grounds and apartment complex parking lots. Minor edits to the proposed draft were
suggested and staff anticipates the final draft will be presented to Council for action on August 16, 2004.
JoAnne McManus. 5610 42 Avenue South. Tukwila. reported a neighbor girl rides a motorized scooter "up and
down" her street. She said children, as a rule, "don't think" when they're riding their scooters. She spoke in favor of
police having the authority to cite those who ride irresponsibly.
Consensus existed to forward this item to the August 16 Regular meeting for action.
REPORTS:
a. Mayor
Mayor Mullet reported staff budgeting efforts will take place this week. Additionally, he noted an August 10 Highway
99 Action Committee meeting.
b. City Council
Councilmember Duffie participated in the August 3 National Night Out.
Councilmember Hernandez attended the August 3 Tukwila Business and Government Committee meeting
and the National Night Out on the same evening. Further, Ms. Hernandez reported attendance to
tonight's Transportation Committee meeting. Finally, the Councilmember reported acceptance of
Boeing's invitation (along with Councilmembers Carter and Robertson) to participate in the Transonic
Wind Tunnel Tour on August 6.
Council President Haggerton announced the need for an executive session, not to exceed 30 minutes, for
the purpose of discussing potential litigation, pursuant to RCW 42.30.110(1)(i).
The Council President also reported attendance to the August 3 Tukwila Business and Government
Committee meeting and the National Night Out on the same evening.
The question of whether or not (and where) to conduct community meetings arose. This spurred Council
conversation and the Council President took in suggestions and noted he would follow up with Council at
a future date.
Councilmember Carter attended the August 3 Utilities Committee meeting and the National Night Out.
She also participated in the August 4 meeting of the AWC Committee on Streamlined Sales Tax.
Councilmember Linder attended the August 3 Utilities Committee meeting and the National Night Out
events.
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City Council Committee of Whole Minutes
Rhonda Berry reported August 11 marks the finale of the Concert in the Park series for 2004.
Additionally, Ms. Berry noted the Citizen's Advisory Committee on Homeless Encampments concluded its
work. A draft report will be transmitted to the King County Council on August 13.
Councilmember Robertson hosted a gathering for the National Night Out on August 3 at his residence.
Councilmember Fenton participated in the August 3 National Night Out.
c. Staff
d. City Attorney
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August 9, 2004
Shelley Kerslake was not present.
e. Legislative Analyst
Lucy Lauterbach reported an August 20, Noon luncheon with area legislators.
9:48 p.m. FENTON MOVED; HERNANDEZ SECONDED; TO ADJOURN TO EXECUTIVE SESSION. The
motion carried 7 -0.
EXECUTIVE SESSION:
Pending Litigation Pursuant to RCW 42.30.110(1)(i) 30 minutes
9:50 p.m. Executive session began.
10:10 p.m. Executive session ended.
ADJOURN:
10:10 p.m. Council President Haggerton declared the meeting adjourned.
d7'
J�Jh Haggert
ncil President
Date Minutes Signed: 08 -31 -04
L -k L
Robert H. Baker, CMC, Deputy City Clerk