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The Deputy Mayor and I exchange comments on social media re. Des Moines Creek West

Introduction

At the July 12 Port of Seattle Commission Meeting, Mayor Mahoney and Deputy Mayor Buxton spoke in favour of the Port taking the 14.4 acre slice of WSDOT land west of the current Des Moines Creek Business Park off 216th. You can watch their testimony and get my take on it here.

That afternoon, there was a post post about on the Facebook Community Page and the Deputy Mayor  wrote a lengthy defense of the City’s decision which I post below. I urge people to read her essay carefully (and the entire thread if possible, of course.) And here is my response.

My Response

At first read, Deputy Mayor Buxton’s essay sounds great, especially if you are, like most of us, unfamiliar with terms like the Growth Management Act. Most of you will not read long essays. You want it fast and simple and if at all possible, upbeat. The notion of tree plantings, cleaning up trails and one-time money will sound very appealing at first glance.

But we also have an obligation to be straightforward. So I’ll just sum it up: Deputy Mayor Buxton is entitled to her opinions re. the wonders of the free market. But those are opinions and not the whole story and some of them are not even factual. There are errors in her essay which I talk about in detail below. However, if you take only two things away from what I write, here are two facts. Everything else is just stuff to support them:

  • The Growth Management Act she refers to repeatedly is not a set of regulations, as much as it is a set of planning goals. There’s no ‘GMA Police’ that required us to accept that agreement and turn the area into even more asphalt and warehouses.
  • The area was originally bought with FAA money, as part of a 1long-term agreement between the Port, King County and the FAA going back to 1973 when the community rose up in protest against the Second Runway. And the intent was that, whatever purpose the land might be put to, the primary beneficiary would be the people of Des Moines. We were meant to choose, not the Port of Seattle.

And in my  opinion, when it came to the Des Moines Creek Business Park we chose wrong. Really wrong.

RE. Deputy Mayor’s arguments

Are GMA goals useful? Sure. Having targets for housing and economic growth are very useful. It is doubtful that any small city like ours could get where it needs to go without the kind of planning resources the State provides.  But how we reach those goals is up to us.

However, in my opinion, the least useful aspect of her argument is “jobs”. My job is not to care about “jobs”, unless those jobs are living wage jobs for residents of Des Moines. For example, my enthusiasm for the FAA building was about zero because almost none of those jobs are for residents of Des Moines.

Also, because it is a Federal building, it offers zero tax revenue for the City beyond the one-time payment and nominal utility taxes the Deputy Mayor mentioned. And it is that dependence on one-time money that kept our City down for so many years. Her mentor Dave Kaplan (now Port lobbyist to us by the way) used to scream against it when he was Mayor. And ironically, I am 100% in agreement with that. We should never make planning decisions based on the promise of one-time money, because once the construction cranes are gone, we have to live with the results for the next fifty years. And in fact, our City Code now wisely requires us to set aside one-time money for future capital projects.

When I look at a land use opportunity, my interests are:

  • The environment, including how well it fits with the existing neighbourhood.
  • How much ongoing revenue will it provide for Des Moines; after the cranes are gone.

Low wage warehouse jobs for people living elsewhere that facilitate more cargo flights are about #71 on my list of priorities.

The deal the Port struck with WSDOT could have been ours. Simple as that. The City of SeaTac took their side and we could have taken ours. There is nothing else to say. All that ‘GMA’ stuff is a smokescreen.

The fact is, we could have done exactly as the Port (strike a deal with Panattoni and make $3.4M in annual rent.) Or we could have done something else.  But we would have been able to choose how to balance the needs of the environment and our desire for ongoing revenue.

The only limiting factor would be money. Despite recent improvements to our bond rating, we still have limited credit. If we had spent $3M on that land that would be $3M we would not have available for something else. The obvious reason we did not is because the City wants to use all its available money for Marina Redevelopment projects (like the Ferry Pilot.) But since the City Council was never offered the option I cannot know.

OUTSOURCING THE environment

Regardless, there is no world in which giving that space to Panattoni improves our tree canopy and our environment. Not a chance. I know because I’ve been aware of the deal for several years and been lobbying their real estate team to get that 4-1 deal–and a few other amenities like EV charging stations. No matter what they ‘replace’, the overall impact of all that asphalt is a big carbon negative. If we controlled the land, we could use some of the revenue to plant trees elsewhere. We could make decisions as to how much impermeable surfaces we want. They certainly won’t. That’s the problem with ‘mitigation’, it never takes into account the big picture.

Is it nice if Panattoni cleans up the path to Des Moines Creek Trail? You bet. But again, it’s a false choice because if we owned the land we could have done exactly the same things, and been sure it was done the way we wanted it done.

But this is the bad part

The Port purchased those 14.4 acres for $3M–a very good price, by the way. And they were able to take ownership of the entire Des Moines Creek Business Park and Des Moines Creek North parcels using FAA money. So for them, this is a no-brainer.

But again, all of that was meant for us. Or rather, for King County (since that part of Des Moines was unincorporated and part of the original land use agreement.) The entire area was meant to be a noise buffer and compensation for the Second Runway.

The deal I’m referring to, which King County struck with the Port and the FAA was called the Sea-Tac Communities Plan (SCP). It was not merely some money and property buyouts. The SCP was meant to be something completely new: As residents of King County, we were going to be true partners with the Port on all future airport development, something revolutionary among American airports! It was quickly followed by a Highline Communities Plan, which codified the zoning to make it real. And the most tangible evidence of it working properly was the creation of North SeaTac Park.

The Sea-Tac Communities Plan was supposed to be the ‘war to end all wars’. Even then FAA realised that the Port had made a habit of cost overruns. And we were not meant to be constantly fighting Third Runways and SAMPs and taking the odd table scrap grant for volunteers, using our own property taxes, by the way. We were supposed to have a seat at the table for every airport expansion because that was considered to be just plain good business. For everybody. As the airport prospered, 2we were expected to get some of the gravy.

(And if we’d had even half a brain, we would have become a single city called Highline, swallowed the airport, instantly become almost as powerful as Seattle and lived happily ever after. Spoiler alert: we did not do that.)

I know the idea of a true partnership in planning and revenue sharing sounds unbelievable to you, especially if you’re in the “don’t like it move!” camp, but it’s true. The unbelievable part is that both the Port and your government were able to disassemble this historic agreement and convince you it never even happened in just a few decades. People can quickly learn to content themselves with very little if it’s all they’ve ever known.

This offends me

And in closing that is why this offends me. We are so contemptuous of history that my colleagues actually believe that this unnatural situation we live in now is ‘normal’ and even great for Des Moines.

For the Port of Seattle, $3M is about 1.4% of their current cash reserves. That’s about as much of a stretch as it is for many of you deciding to buy a new TV on a whim. But for that small amount, plus the rest of that FAA-paid DMCWest land, they will rake in $3.4M every year from now on. Which is less than 5% of their annual revenue. Ho hum.

However…

I want you to hear this in the Samuel L. Jackson voice, with all the appropriate language:

DO YOU HAVE ANY MF IDEA WHAT $3,400,OOO IN ANNUAL STRUCTURAL REVENUE WOULD MEAN TO THE CITY OF DES MOINES?

That kind of money would literally solve every problem we’ve ever had and ever could have. Overnight. 3That’s the kind of money cities invest and then live happily off the dividends. It is a big screen TV for the Port of Seattle, but it would be transformative for Des Moines. It’s what we should have gotten all along. And the funny part is: they could offer that kind of magic wand to us any day of the week.

When you need new docks? Or a community center? Or even a Masonic Home? You simply buy it. In cash. No more screwing around with grants and saying how grateful you are for that ‘3-1 match’. You get the public safety you need. You get the programs your kids need. The sidewalks. The roads. The air filters. The cultural events. The human services. The everything.

Somewhere along the line our own City Council bought into the Port’s prosperity gospel: The Port owns all the resources. But don’t worry, they’ll help you grow your way to a bright future. With grants! And training! And most of all? Jobs!

If it’s all the same to you, I’ll take the land and the cash, thanks very much.

And that is what we should’ve had our eyes on all along.  Taking advantage of the boring opportunities right in front of us, just by understanding how the airport actually works and not spending decades being groomed.

Now? We’ve been reduced to an “if you build it he will come” strategy based on items like a ferry and an adaptive purpose building. Not because they come with legit economic forecasts but basically because, well, because they just sound so darned cool.

I didn’t run for office to be ‘cool’. My goal was (and is) to get paid.  Our job should be to develop plans that will provide the highest quality services to the greatest number of residents in Des Moines; not to create a sparking waterfront that does not pay. And I do not see how projects like a ferry achieve those goals better than doing the boring thing that most successful investors do: scoop up quality commercial land whenever it becomes available. After all, it was supposed to be ours all along.


*The Deputy Mayor’s comments in full, taken from the original post. I did this screen grab not as some ‘gotcha’ but because I’ve been told that whatever ‘editing’ I might do, no matter how light could change the meaning of the post. Fair point.

1Here is a letter from the Port of Seattle to the King County Council giving an overview of key features of the initial agreement, called the Sea-Tac Communities Plan. Lands bought by the FAA were to be administered by King County for the benefit of residents.

2One way to think about it is being similar to how the good people of Alaska  get an annual stipend in exchange for letting the oil companies use their land. That stipend has never kept the oil companies from making a profit. Similarly, in the Sea-Tac Communities Plan, the Port states repeatedly that they can provide ongoing compensation and make a profit. It was never meant to be a ‘one and done’ transaction.

3Actually, that’s what the Port of Seattle does. At any given moment, their Real Estate Division holds over fifty properties outside the airport and docks. They generated almost $20M in revenue (up 9%) in 2021. Even within the conservative limits of government investments, they average a 2.3% return year in and year out–and that’s beyond the increase in the asset value. Land is usually a safe bet–even with the occasional pandemic. The Commissioners hate it when I say it, but I coined an expression to describe this state of affairs: The Catholic Church Of King County.

Previous Articles

All or nothing thinking…

Almost everything useful I’ve ever learned came from marriage counseling. 😃

I’m always fascinated how opinions about “the airport” so often fall into what therapists call “all or nothing thinking“. People will say things like

  • The airport was here first!
  • You did hear the airplanes flying overhead when you were looking at houses, right?
  • Don’t like it? Move!

All these statements strike me as being along the lines of the “America? Love it or leave it!” argument I heard a lot when I first moved here in the 70’s.

Rather than tell you why all three of those statements are absolute rubbish ( 😀 ) I’ll just tell you I’ve never understand the attitude that seems to go with all that. Perhaps that’s why I became an engineer. For me, things may (or may not) be good enough at the moment. But they can always be improved. And we should never stop trying.

My old Congressman

As many of you know, when I came to America, I lived in Detroit. And for some reason, my congressman always seemed to be John Dingle no matter where I lived. 😀 He was not above changing Districts from time to time for political advantage.  One of those guys who sticks around for fifty years. And when he got too old? Of course, he got his wife to take his spot. That’s old school. 😀

John knew how to work Detroit. He was a friend of the unions and the car companies. Ford’s HQ was in his District. So were some of the largest factories ever built.

But the guy absolutely looooooved fishing. He started to get a real bug up his ass when some of his fave spots got polluted and he could no longer catch anything. All politics is local, right?

But being one of the most powerful congressmen since evehrrrr, he turned that annoyance into action in a way you and I could not. For openers, he sponsored The Clean Water Act. And then revisions to the Clean Air Act so major that what his Congress passed is now what people think of when they mention the CAA. And while he was, ya know, engaged, moved heaven and earth to help get the National Environmental Protection Act (NEPA) and then the Environmental Protection Agency (EPA) going.

None of that was particularly entertaining for “The Big 3” US auto companies–at the time the largest corporations on the planet, and all headquartered in Detroit. But he found a way to work all three sides of… er… the street.

John Dingell was from an era that still made deals. You get something. I get something. It definitely had all the hincky stuff we hate about politics, but it also got a lot of fabulous things done that would be simply impossible with more ‘highly principled’ people.

Seattle

When we moved here, I instantly recognised Seattle as being a ‘factory town’ like Detroit. It was before the whole ‘tech boom’ and this was still Jet City. The neighbourhoods of DM? They were built in the 70’s for Boeing workers.

So I guess I assumed that our government and the locals would have that same “You get something. I get something” vibe. But apparently not. By the time we got here, during the Third Runway fight, people had taken sides. And many people still seem to be in the same spots today.

Something happened here. I dunno what. But at some point, the politics changed. It’s tough to admit, but almost none of our State or Federal electeds have that “You get something. I get something” approach to Sea-Tac Airport now. But it was there in the 70’s. And that’s how the Sea-Tac Communities Plan got passed.

But today there seems to be an attitude that aviation is simply too important to the regional economy to push back on. Or maybe it has something to do with fragility. Back in the day, American auto companies were indestructible. You could demand lower pollution, higher mileage, better wages, etc. because you figured nothing could hurt them.

But since the Boeing Bust in the 70’s and then de-regulation in 1987, the aviation industry always seems to be just one bailout away from disaster.

What people didn’t notice in the 70’s was that the auto companies had already started moving out of Detroit. By the time my family moved to Puget Sound in the 90’s, most people still thought of Detroit as The Motor City. But actually, the vast majority of American cars hadn’t been made in the area for decades. So, there were not all that many auto jobs. Auto-retirees? For sure. 😀 Auto jobs? Not so much.

Reality Check: Economics

It’s the same way here in Des Moines. We have lots of Boeing retirees. And we definitely have a lot of airplanes flying overhead. 😀 But Des Moines is no longer home to very many living wage aviation workers–not even people in secondary industries like the construction workers who built the International Arrivals Facility. Lots of people may work at the FAA building or in the warehouses along 24th Avenue. But neither warehouses or FAA buildings generate sales tax for the City. And those workers generally do not live in Des Moines.

Former Mayor Bob Sheckler died this week. He was sort of the John Dingle version of Des Moines–in the sense that the guy seemed to be around forever. 😀 But I don’t want to take that too far. The Four Points Hotel on Pacific Highway was his big project. But he insisted it would be packed with airport people. Never really happened.

Even today. Everything the City sells in terms of ‘economic development’ seems tied to the Port. Just look at how the new ferry is being marketed.

Reality Check: Environment

If nothing else, the airport is always ranked #3,#2 or #1 among the largest polluters in the State of WA. But airports look glamorous. They do not look like a ginormous smokestack. However they are.

Our life expectancy is lower. We know enough at this point to say that it’s bad for the unborn. And we know that kids who spend their childhood under the flight path will have higher risks of various health problems, including evidence of cognitive impairment.

And the noise is bad for your health. Whether you know it or not. You may looooove Swedish Death Metal, but chronic exposure to any loud noise is not great for your entire body. (And your kids, btw.)

Keep those beaches open!

The perverse incentives for local politicians and business are exactly the same as for Mayor Larry in the movie Jaws. You know there’s a problem (Bruce The Shark/Air pollution), but you don’t want to make too big a deal about it. And you certainly don’t want to close the beach! You want to tell everyone that your town is a great place to live. So you do less than you could/should because it might create negative press for the city.

You become so convinced that the entire City would shut down if we offended the Port, we don’t even work to get sound insulation; or decent air quality monitors; or financial compensation. You forget how to even try. Which is exactly where we’re at today.

Like Detroit did for decades, we just cannot seem to keep ourselves from selling the idea of Sea-Tac Airport (and the Port of Seattle) as being that essential to Des Moines. Even though that era is in the rear view mirror, and even though the harms now far outweigh the benefits.

It’s not all or nothing…

This is a great place to live and we deserve cleaner air and less noise. The Port can afford it, and we should be compensated for it. That was actually the understanding here in the 70’s. And I’m going to prove it to you. Over the next few weeks, I’m going to be toggling between the Marina and something most of you will not remember, the Sea-Tac Communities Plan.

The Sea-Tac Communities Plan (SCP) was adopted by both King County and the Port in 1976 as the Comprehensive Plan for all the airport communities. The idea was to consider the community in all future airport planning. Together. The Port. The FAA. King County. UW. Even HUD. They all worked together on ways to finance future airport growth and community growth.

The FAA threw in bags of money to buy land and do the first sound insulation systems. That’s how North SeaTac Park got created. And the Des Moines Creek Business Park, too. Like NSP, the DMCBP was meant to benefit the community, not the Port. We had zoning options, but the benefits were meant to be ours. The Port was supposed to remain a public utility managing passengers and cargo. It was not meant to build a real estate empire with our tax dollars.

Here is one map from the plan showing the area we gave to the Port to develop DMCBP Phase IV. $3M cost. For $3.4M annual lease revenue. To give you some context. The cost of the land we gave away was $3M, which is about 1.5% of the Port’s cash on hand. But the $3.4M a year in structural revenue would fix every problem Des Moines has ever had and ever could have. That was supposed to be ours.

Summary

Unlike Mayor Larry, Des Moines is not a one-industry town anymore. But like Detroit, we got stuck in a mindset that no longer applies. And we got saddled with financial problems exacerbated by having the fortune to being next to 20th largest airport in America, which then grew into the 8th largest airport in America.

The Port is doing quite well at the moment. But the money goes overwhelmingly to the north and east of King County. We subsidise their wealth with our health. And whether you hate the noise so much it makes you cry, or you absolutely live for the sound of a good engine run-up first thing in the morning? We should be compensated.

Because it was never about anyone’s individual preferences. The Sea-Tac Communities Plan was meant to insure the well-being of the airport communities; forever. Not just us, but those who come after us.

Ironically, as I think about the future, I keep increasingly thinking about John Dingle. You get something. I get something.

Weekly Update: 07/24/2022

Leave a comment on Weekly Update: 07/24/2022

This Week

As I write below, I’m passing out flyers for National Night Out this week and II’ve got a bag of flyers in four languages. If you have some time? Please contact me and walk a few blocks together. 🙂

Tuesday: 12:00PM Port of Seattle Commission Meeting (Agenda), Sea-Tac Airport, Mezzanine). Key items will be funding the next Flight Corridor Safety Program.

Wednesday: The public comment period on scoping for the Masonic Home Environmental Impact Statement (EIS) begins. It will end on August 25, 2022 at 4:30 p.m.   A virtual Public EIS Scoping Meeting is scheduled for August 15, 2022 at 6 p.m. Check the City web site for information!

Wednesday 2:30PM Highline Forum (Agenda) … at… Highline College. 🙂

Friday: King County Flood District Advisory Committee (Agenda)

Last Week

Wednesday: Reach Out Des Moines. The majority of the meeting concerned preparation for National Night Out at Midway Park, which Yvonne Nutting is organising. This is a great opportunity to get kids introduced to some new activities! My job? Doorbelling! The thing about Pacific Ridge is that it’s an area with people from soooo many languages and cultures. Plus, it crosses Pacific Highway west to 24th and then south to Kent Des Moines Road. And there are sooo many apartment buildings and condos. To reach people you really have to go door to door.

The rest of the week was spent like this:

  • Meetings with several local archives searching for information on the lead up to the Second Runway for SeaTacNoise.info I spent some time with Highline Heritage Museum Director Nancy Salguero McKay. Starting to really love that place.
  • Tree Tours! I host a one hour driving tours of various key areas around Sea-Tac Airport to demonstrate the changes and explain what is coming with construction of SR-509 Stage 2 and the SAMP (aka The Fourth Runway).
    To schedule a Tree Tour for your group? (206) 878-0578

If it seems like I’ve currently got “airport on the brain” it’s because now is the time. I know it’s a long article, but the above article The Fourth Runway describes the urgency of the problem, which so far is not getting proper attention. Flights over Des Moines will increase by 33% starting in 2027.  The SAMP environmental review process will occur next year. But as you’re figuring out with the Masonic Home, if you wait until the environmental review, you’ve waiting too long. The time is now to start getting engaged on the coming airport expansion to protect the future of Des Moines.

All or nothing thinking

Almost everything useful I’ve ever learned came from marriage counseling. 😃

I’m always fascinated how opinions about “the airport” so often fall into what therapists call “all or nothing thinking“. People will say things like

  • The airport was here first!
  • You did hear the airplanes flying overhead when you were looking at houses, right?
  • Don’t like it? Move!

All these statements strike me as being along the lines of the “America? Love it or leave it!” argument I heard a lot when I first moved here in the 70’s.

Rather than tell you why all three of those statements are absolute rubbish ( 😀 ) I’ll just tell you I’ve never understand the attitude that seems to go with all that. Perhaps that’s why I became an engineer. For me, things may (or may not) be good enough at the moment. But they can always be improved. And we should never stop trying.

My old Congressman

As many of you know, when I came to America, I lived in Detroit. And for some reason, my congressman always seemed to be John Dingle no matter where I lived. 😀 He was not above changing Districts from time to time for political advantage.  One of those guys who sticks around for fifty years. And when he got too old? Of course, he got his wife to take his spot. That’s old school. 😀

John knew how to work Detroit. He was a friend of the unions and the car companies. Ford’s HQ was in his District. So were some of the largest factories ever built.

But the guy absolutely looooooved fishing. He started to get a real bug up his ass when some of his fave spots got polluted and he could no longer catch anything. All politics is local, right?

But being one of the most powerful congressmen since evehrrrr, he turned that annoyance into action in a way you and I could not. For openers, he sponsored The Clean Water Act. And then revisions to the Clean Air Act so major that what his Congress passed is now what people think of when they mention the CAA. And while he was, ya know, engaged, moved heaven and earth to help get the National Environmental Protection Act (NEPA) and then the Environmental Protection Agency (EPA) going.

None of that was particularly entertaining for “The Big 3” US auto companies–at the time the largest corporations on the planet, and all headquartered in Detroit. But he found a way to work all three sides of… er… the street.

John Dingell was from an era that still made deals. You get something. I get something. It definitely had all the hincky stuff we hate about politics, but it also got a lot of fabulous things done that would be simply impossible with more ‘highly principled’ people.

Seattle

When we moved here, I instantly recognised Seattle as being a ‘factory town’ like Detroit. It was before the whole ‘tech boom’ and this was still Jet City. The neighbourhoods of DM? They were built in the 70’s for Boeing workers.

So I guess I assumed that our government and the locals would have that same “You get something. I get something” vibe. But apparently not. By the time we got here, during the Third Runway fight, people had taken sides. And many people still seem to be in the same spots today.

Something happened here. I dunno what. But at some point, the politics changed. It’s tough to admit, but almost none of our State or Federal electeds have that “You get something. I get something” approach to Sea-Tac Airport now. But it was there in the 70’s. And that’s how the Sea-Tac Communities Plan got passed.

But today there seems to be an attitude that aviation is simply too important to the regional economy to push back on. Or maybe it has something to do with fragility. Back in the day, American auto companies were indestructible. You could demand lower pollution, higher mileage, better wages, etc. because you figured nothing could hurt them.

But since the Boeing Bust in the 70’s and then de-regulation in 1987, the aviation industry always seems to be just one bailout away from disaster.

What people didn’t notice in the 70’s was that the auto companies had already started moving out of Detroit. By the time my family moved to Puget Sound in the 90’s, most people still thought of Detroit as The Motor City. But actually, the vast majority of American cars hadn’t been made in the area for decades. So, there were not all that many auto jobs. Auto-retirees? For sure. 😀 Auto jobs? Not so much.

Reality Check: Economics

It’s the same way here in Des Moines. We have lots of Boeing retirees. And we definitely have a lot of airplanes flying overhead. 😀 But Des Moines is no longer home to very many living wage aviation workers–not even people in secondary industries like the construction workers who built the International Arrivals Facility. Lots of people may work at the FAA building or in the warehouses along 24th Avenue. But neither warehouses or FAA buildings generate sales tax for the City. And those workers generally do not live in Des Moines.

Former Mayor Bob Sheckler died this week. He was sort of the John Dingle version of Des Moines–in the sense that the guy seemed to be around forever. 😀 But I don’t want to take that too far. The Four Points Hotel on Pacific Highway was his big project. But he insisted it would be packed with airport people. Never really happened.

Even today. Everything the City sells in terms of ‘economic development’ seems tied to the Port. Just look at how the new ferry is being marketed.

Reality Check: Environment

If nothing else, the airport is always ranked #3,#2 or #1 among the largest polluters in the State of WA. But airports look glamorous. They do not look like a ginormous smokestack. However they are.

Our life expectancy is lower. We know enough at this point to say that it’s bad for the unborn. And we know that kids who spend their childhood under the flight path will have higher risks of various health problems, including evidence of cognitive impairment.

And the noise is bad for your health. Whether you know it or not. You may looooove Swedish Death Metal, but chronic exposure to any loud noise is not great for your entire body. (And your kids, btw.)

Keep those beaches open!

The perverse incentives for local politicians and business are exactly the same as for Mayor Larry in the movie Jaws. You know there’s a problem (Bruce The Shark/Air pollution), but you don’t want to make too big a deal about it. And you certainly don’t want to close the beach! You want to tell everyone that your town is a great place to live. So you do less than you could/should because it might create negative press for the city.

You become so convinced that the entire City would shut down if we offended the Port, we don’t even work to get sound insulation; or decent air quality monitors; or financial compensation. You forget how to even try. Which is exactly where we’re at today.

Like Detroit did for decades, we just cannot seem to keep ourselves from selling the idea of Sea-Tac Airport (and the Port of Seattle) as being that essential to Des Moines. Even though that era is in the rear view mirror, and even though the harms now far outweigh the benefits.

It’s not all or nothing…

This is a great place to live and we deserve cleaner air and less noise. The Port can afford it, and we should be compensated for it. That was actually the understanding here in the 70’s. And I’m going to prove it to you. Over the next few weeks, I’m going to be toggling between the Marina and something most of you will not remember, the Sea-Tac Communities Plan.

The Sea-Tac Communities Plan (SCP) was adopted by both King County and the Port in 1976 as the Comprehensive Plan for all the airport communities. The idea was to consider the community in all future airport planning. Together. The Port. The FAA. King County. UW. Even HUD. They all worked together on ways to finance future airport growth and community growth.

The FAA threw in bags of money to buy land and do the first sound insulation systems. That’s how North SeaTac Park got created. And the Des Moines Creek Business Park, too. Like NSP, the DMCBP was meant to benefit the community, not the Port. We had zoning options, but the benefits were meant to be ours. The Port was supposed to remain a public utility managing passengers and cargo. It was not meant to build a real estate empire with our tax dollars.

Here is one map from the plan showing the area we gave to the Port to develop DMCBP Phase IV. $3M cost. For $3.4M annual lease revenue. To give you some context. The cost of the land we gave away was $3M, which is about 1.5% of the Port’s cash on hand. But the $3.4M a year in structural revenue would fix every problem Des Moines has ever had and ever could have. That was supposed to be ours.

Summary

Unlike Mayor Larry, Des Moines is not a one-industry town anymore. But like Detroit, we got stuck in a mindset that no longer applies. And we got saddled with financial problems exacerbated by having the fortune to being next to 20th largest airport in America, which then grew into the 8th largest airport in America.

The Port is doing quite well at the moment. But the money goes overwhelmingly to the north and east of King County. We subsidise their wealth with our health. And whether you hate the noise so much it makes you cry, or you absolutely live for the sound of a good engine run-up first thing in the morning? We should be compensated.

Because it was never about anyone’s individual preferences. The Sea-Tac Communities Plan was meant to insure the well-being of the airport communities; forever. Not just us, but those who come after us.

Ironically, as I think about the future, I keep increasingly thinking about John Dingle. You get something. I get something.


 

Weekly Update: 07/17/2022

12 Comments on Weekly Update: 07/17/2022
Important information on Masonic Home: Zenith EIS

The public comment period on scoping for the Environment Impact Statement will begin on July 27, 2022 and end on August 25, 2022 at 4:30 p.m.   A virtual Public EIS Scoping Meeting is scheduled for August 15, 2022 at 6 p.m. This webpage will be updated with more information on July 27th.

This Week

The majority of the week will be spent on three ‘projects’.

  • Meetings with several local archives searching for information on the lead up to the Second Runway for SeaTacNoise.info
  • Tree Tours! I host a one hour driving tours of various key areas around Sea-Tac Airport to demonstrate the changes and explain what is coming with construction of SR-509 Stage 2 and the SAMP (aka The Fourth Runway).
    To schedule a Tree Tour for your group? (206) 878-0578

If it seems like I’ve currently got “airport on the brain” it’s because now is the time. I know it’s a long article, but the above article The Fourth Runway describes the urgency of the problem, which so far is not getting proper attention. Flights over Des Moines will increase by 33% starting in 2027.  The SAMP environmental review process will occur next year. But as you’re figuring out with the Masonic Home, if you wait until the environmental review, you’ve waiting too long. The time is now to start getting engaged on the coming airport expansion to protect the future of Des Moines.

And then…. the Oral Surgery, Girls! (with apologies to Monty Python) Several of you have asked me when I’m going to stop looking like a pirate. Probably January. Some of the seven implants I’m having done have not healed properly and I keep going in for more stitching.

Last Week

Tuesday: Port of Seattle Commission Meeting (Agenda) The key item was the Port Commission approving an agreement to develop the Des Moines Creek West property on 216th and 15th. Our Mayor Mahoney and Deputy Mayor Buxton spoke in favour of the proposal and here is the video.

And here is my rebuttal, which I subtitled This is what a sellout looks like. I take a lot of crap for my ‘inflammatory’ titles, but if you understood my article re. the Ferry Pilot, this is sooooo much worse. In one sentence: We had a chance to buy the property for $3M, but instead, we gave the deal to the Port of Seattle, who is now leasing the land for $3.4M a year to the same developer who cut down all the trees on Phases I, II and III. That is not a typo.

Thursday: City Council Meeting (Agenda)

Highlights

  • The City Manager offered an update from the Finance Director. As usual, the presentation was delivered at the last minute and this time there wasn’t even a worksheet! (A statement of financial position.) I want to remind the public that all our sister cities provide at least some form of quarterly financial statement to Council and many provide monthly worksheets.
  • Despite the enthusiasm at our last meeting, we did not proceed with the LEED program as expected. There was some delay according to Police Chief Ken Thomas. Disappointing.
  • We voted to lower the speed limit on Pac Highway to 40MPH all along Des Moines.
  • In New Items For Consideration:
    • I asked the Council to direct the City to begin work on the Marina Town Hall Presentation we voted for last September.  (Although the public cannot see it, we’re getting close enough in the process that the public should start to see how all of this is supposed to work. Having a 3-D model of the Marina would make that super easy. We voted for it. Why aren’t we doing it?) Failed.
    • I asked the Council to direct the City to begin work on creating a Mitigation Bank for our shoreline. (A mitigation bank is sort of like carbon offsets. Every time we need a marine permit, we have to pay money somewhere to offset the environmental damage. For example, we paid the Everett Blue Heron Slough $343,000 last year to obtain the permit to rebuild the North Bulkhead. They have a mitigation bank. We don’t. If we did, we could pay into our environmental projects. And best of all, other governments could pay into our bank when they need permits, which would speed our environmental clean-ups. It takes many years to create a mitigation bank. So the sooner we apply, the sooner it happens. What sorts of environmental projects do we have here in Des Moines? Oh, about 25,000 toxic tires at the bottom of Puget Sound for starters. 😀 What frustrates me is that Mayor Mahoney is very aware of the tire problem. If anyone should vote for this, it should be him.) Blank stares.
    • I asked the Council to direct the City to research a Sales Tax By Geographic Zone Report. (For two years I’ve wanted a report showing the amount of revenue the city gets organised by geographic area. That way the council could understand just how well each part of the city is performing and use that information for future planning decisions. I was told it was ‘impossible’. I showed up at our 7 April Meeting with an example from Poulsbo. The Mayor of Poulsbo called it “invaluable” and I agree. But that led to the various nasty accusations from the Mayor.)  Passed.

Friday: South King County Housing and Homelessness Partners (SKHHP)

Friday: I got a memo from Mayor Mahoney announcing that he had appointed himself, Deputy Mayor Buxton and Councilmember Steinmetz to something called the Ad Hoc Rules Committee.

So: two members with an obvious and stated agenda and a *first year member with seven months experience and thus far according to AWC, no training classes beyond the introductory. And based on my observations, no great familiarity with the history of our Rules. I’m also concerned that, thus far, he’s shown no willingness to speak to the ethical failures of the majority and City Manager. In other words: follow the rules we currently have.

In the past, when the Council created an Ad Hoc Committee there might be a Resolution describing an operating procedure (as we did here when we created our first Senior Citizens Advisory Committee), when it will meet, how meetings will be conducted, expected work product. That’s what Rule 23 of our current Rules Of Procedure seems to indicate and that is what I was asking for at our last meeting. Blank stares.

It’s also worth noting that Ad Hoc Committees of the Council are generally considered to be subject to the same OPMA rules as standing committees, ie. being noticed to the public, recorded, etc.

So far we have a Rules Committee without rules. Life, she is ironic, no? 😀

This is what a sellout looks like…

I almost titled this post “This is what a sellout looks like” But I restrained myself. 🙂

At the 12 July Port of Seattle Commission Meeting, the Port voted to proceed with the Item 10b (Des Moines Creek West Ground Lease.) (Presentation.) This is the scrubby forest land west of the FAA building on 216th with the road connecting to the Des Moines Creek Trail. It will become Phase V of the Des Moines Creek Business Park (DMBCP).

Des Moines Mayor Mahoney and Deputy Mayor Buxton mentioned all the “jobs” and “economic development”. The Port announced that it was exceeding the City’s current tree code with a 4-1 replacement provision. As Commissioner Cho said, “What’s not to like?”

A few details…

  1. *As the presenter said, the FAA paid for most of the original land. And WSDOT bought the rest as one of three possible routes for SR-509. There is also a corresponding parcel at the northern end of the Des Moines Creek Trail.
  2. In 2016, both those north and south parcels were up for auction. The north was offered to the City of SeaTac, the south to the City of Des Moines.
    • In 2021, the City of SeaTac bought 8.8 acress on the north side (a large portion of it with a grant from King County), and is converting their end to BMX trails and forest.
    • The City of Des Moines turned the 14.4 acre parcel at the south end over to the Port of Seattle, who bought it for about $3,000,000 in 2021. And that leads up to today’s agenda item.
  3. According to the Port’s real estate manager, the new development will generate over $3.4M in annual lease revenue for the Port.
  4. The developer is Panattoni Development, the same firm that developed all three previous phases of the DMCBP. Please take a drive around the existing DMCBP and let me know how well they’ve done so far in terms of ‘tree canopy’. A 4-1 replacement program sounds nice until one asks, “How well has the City of Des Moines ever enforced our existing tree code on commercial projects?” (†Spoiler alert below.)
  5. The Mayor and Deputy Mayor mentioned “jobs” and “economic development.” Please ask the City Manager of Des Moines how much money those existing projects have generated for the City of Des Moines. (I tried to get the City to create such a report and was told that it’s ‘impossible’, despite the fact that other cities do exactly that.

Frankly, I do not care about “jobs” or “economic development” for the Port of Seattle or King County–unless they’re in Des Moines.

What if…

If the City of Des Moines had bought the land, we would have control. We could explore a whole spectrum of development opportunities:

  • On one end we could have done as did the City of SeaTac, extended their forest and parks.
  • Or, we could have done exactly what the Port of Seattle is doing and then we would have that $3.4M in lease revenue.

Do you have any idea what $3.4M would mean for a City like Des Moines? It’s over 14% of our annual general fund. It’s enough money to pay for the entire dock replacement program. It’s enough money to power basically every project we would ever need.

Of course the Port is enthusiastic about the project. Who wouldn’t be excited? They got land subsidised by Federal and State dollars and they have no responsibility for the outcomes for residents of Des Moines. But they do get all that juicy money. Forever. And they can add the project to their list of “economic development” and “job creation” wins, because so long as it’s King County, it’s all good as far as they’re concerned. Double plus good? They can also say how ‘environmentally woke’ they are by talking about a ‘tree replacement’ plan that they will ultimately have no control over.

History Repeating itself…

Ground breaking for FAA building at DMCBP. CM Jeremy Nutting, three Des Moines Mayors: Bob Sheckler, Dave Kaplan, Matt Pina, Port Commission President Tom Albro.

Mayor and Deputy Mayor got to make the exact same arguments that former Mayors Sheckler, Kaplan and Pina made ten years ago. Arguments that have been proven false with all three development phases. And what is so scary is that people are now signing off on the same same trickle down economics for a fourth go round:

  • Whatever “economic development” is generated by the project will (somehow) accrue to the benefit of Des Moines. Not true.
  • The area is an environmental mess, so whatever they do will be better than what is there now. Wrong. Even a crappy forest is better for the environment than acres of impermeable surfaces.
  • That the same developer who stripped bare all three previous phases of the DMCBP will (somehow) embrace a different ethos on the fourth try?

If you let yourself be fooled four times, you’re not a fool; you’re in on it.

The In Private World

One last thing: in assigning ‘blame’ it’s worth noting that our City Manager did not present the option to the City Council. However, more than one of my predecessors did know about it. I certainly did as early as 2017 (you could just ask WSDOT. It’s public information, after all.)

All my current colleagues and predecessors have told me they were super-jazzed about it. And certainly nobody spoke up. The fact that they did not feel a need to inform the public is the real problem in my opinion. It will be interesting to see what the public reaction is once letters go out to nearby residents–when it will probably be too late.

Unlike every other nearby city, we’ve had no public planning commission for a decade now. I’m stunned that people don’t realise how important this is. One has only to look at every other city (who do have planning commissions) to notice all the surveys and town halls that’s the reason.

So when you hear about trying to censure me or changing Council Rules to block my access to information, this is why.  We don’t want the public to know unpleasant facts. They’d just slow things down.

In Des Moines, neither (most of 😀 ) the Council, or the public, see the design for projects until they come to a vote. And none of the new CMs so far have mentioned this as a problem. We’ve become addicted to the “in private world.”


*When planning large projects, government agencies frequently buy several parcels of land in an area so that they have choices. When the final route is selected, they then auction them off. The Barnes Creek Trail is another SR-509 route that was not chosen.

†My conflict with the City Manager began literally at our first meeting after my election. He showed me a page from Chapter 16 of the DMMC and demanded an apology because of a public comment I had made before my election. During that comment I had asked why we hadn’t been replacing trees on commercial property in Des Moines. He considered the excerpt he had handed me to be proof that the City had been good stewards of the environment under his leadership. He said that my comments had damaged his reputation and that he did not know if we could proceed with our professional relationship until I offered that apology. To diffuse the situation, I told him I would do some research and if I found out I had wronged him I would issue a robust apology. I immediately did a public records request asking for a total number of tree replacements during his tenure. I was told that the City does not collate either removals or replacements and that the only way to know would be to go through every jacket by hand searching for the required form each developer is required to fill out. The clerk assumed I would not want to do that. But, me being me, I made an appointment to sit in the North Conference Room with every jacket since his hiring. I was joined by both the City Clerk and her assistance because he had required them to do so for some reason. So we all spent the afternoon together. Me going through jackets. Them watching me. Sure enough, there was a form in every jacket where the developer duly notes each tree removal on a diagram of the property. But in over 200 jackets I found zero indications of tree replacement. Regardless, one has only to take a walk around the perimeter of DMCBP to assess the tree cover. Now, here’s the punchline: I was later told by another staff member that the ‘3-1 replacement’ section of the code was put in place at the behest of WSDOT and Sound Transit in order to comply with a State law on transportation projects.


*I made an edit to address the objection of Harry Steinmetz. The original sentence was based on my recollection of a conversation we had about this topic. His recollection was different so I substituted another phrase that presents my sincere assessment. I want to assure the public that there is no rancor here on my part. A first year CM should not be on a Rules update, especially one this obviously partisan. And it is disappointing to me that Councilmember Steinmetz would not agree.

The Hard Things Are Not Easy

1 Comment on The Hard Things Are Not Easy

Who can argue with that, right? 😀 Those were among the final words from Mayor Mahoney at our 7 July Meeting. He was responding to my final comments about the Council’s 6-1 decision to update our Rules Of Procedure in November based on a verbal proposal from Deputy Mayor Buxton.

That 1process seemed about the same as every other group process we’ve voted for during my tenure, including ARPA Spending, Budgets and the Council vote to update the City’s web site of 7 April. Which is to say, terrible.

They’re all intended to be terrible processes. And I’m tired, not only of their obstruction, but frankly of that portion of the public who seem to have become so uninformed, cynical, or so conflict-averse that any misconduct short of SPACE ALIENS seems just business as usual in Des Moines.

So, I want say this as clearly as I can:

The goal of the next update to our Rules Of Procedure is, specifically, to silence me. But far more importantly:

It is an attempt to make the bullying, unethical and corrupt behaviour of our Council, Mayor and City Manager ‘official’, and thus ‘normal’.

What’s the prob?

Obviously I cannot predict the future, but the process, and Mayor Mahoney’s comments make it pretty clear what the majority intends:

1:46:40 “I will also make a comment about the council rules. We need the rule changes. There are things like social media that need to be adjusted. There needs to be clarifications of the use of city email and whether you [JC Harris] have the authorization or designation to contact outside you know entities and governances and so forth without the designation of council. We also need some um guidelines if so if that happens what do we do as a Council. It it’s not been a secret in this council that we’ve had problems with that and they need to be addressed. Also the council rules aren’t relevant to today like i said mentioned before social media and a couple other things. This is a good process that needs to happen and what we’re doing here is going to be the is going to be the rules that will lead us into the future. The hard things are not easy and in this case this will not be an easy thing. It’ll be contentious. I tell everybody now most of the contentiousness will be in the November, December window, but it’s a necessary thing that needs to happen…”

This sounds to me like:

  1. Attempting to place limits on a Councilmember’s speech off the dais.
  2. Creating a formal email policy limiting the use of City email only to certain purposes of which the majority (or City Manager) approve.
  3. Creating a policy whereby Councilmembers must seek permission from the Council before speaking with any ‘entities and governances.’ Which I assume to mean both electeds as well as government agencies.
  4. Creating some enforcement mechanism if any of the above is ‘violated’.

The word ‘unconstitutional’ comes to mind.

And as an added bonus…

Worst of all, rule changes tend to be permanent. So this is not about me. Any future members of our Council will be hamstrung by this long after I’m gone. One of the great lies all governments tell is, “Hey, if it’s not perfect, we’ll fix it later.” I dunno who’s the bigger idiot: the politician who says that or the public that believes it. We’ve had a dozen updates to our Rules of Procedure over the past 25 years. We’ve never unwound any mistakes.

The fact that my colleagues are happy to spend public money on a personal vendetta that will make government worse is bad enough. And as an added bonus, we get to screw future CMs. Gosh, I wonder why more people don’t run? 😀

Turning good to bad…

Everything the majority objects to are not only legal and appropriate; they are things that every Councilmember should be encouraged to do.

It’s kinda like objecting to people who do their own research, work hard, and when they see something bad happening, they say something. Actually it’s not like that; it’s exactly that.

Nobody who has the public interest at heart should object to how I’ve been doing the job or support anyone who would support the ideas Mayor Mahoney mentions in his comments.

Examples…

Some of the issues the majority (and administration) object to are visible, like this blog and my posts on social media. But the far more important stuff they dislike you will not see unless you’re reading carefully every week.

  • In 2019 I helped create a law to get homes with bad Port Packages fixed. There was immediate momentum to get it implemented and then COVID hit. But I keep talking with the Port, and the law’s sponsors Senator Keiser and Rep.Orwall. And yet, I got an email from the Mayor a couple of weeks ago saying that it was “an inappropriate use of City email” for me to write Port Commissioners on “reinsulation.” (I assume he meant sound insulation systems.)
  • Frankly, the article I wrote last week on the Ferry Pilot (This Is Insane) was because I am the only curent CM who could write such an article. If it was embarrassing, it is only because the proposal is an embarrassment. The hell they put me through just to see the bills we pay is shameful.
  • Two years ago, I began asking for a report on sales tax revenue by geographic area. I was told it was ‘impossible’. Actually, it is already done in several cities, including Poulsbo. In April, I asked the Mayor of Poulsbo how they do it so we could apply it here. Instead of being appreciative, Mahoney comes to the dais and tells an absolute whopper about how I ‘misrepresented the city’. At Tuesday’s Port of Seattle Commission Meeting, the Mayor will extol the benefits of expanding the Des Moines Creek Business Park. He can do this with a straight face because the City has no data to describe the economic impacts (plus or minus) of that area.
  • There’s a Fourth Runway you also don’t know about called The Sustainable Airport Master Plan (SAMP) and SR-509 Stage 2. Last year, I could not get our Transportation Committee to schedule a briefing from WSDOT. So I simply asked their communications consultant to see their latest animation. Totally appropriate. At our June Transportation Committee Meeting, our COO, DPW, the Mayor and the Deputy Mayor discuss how they can obstruct me from further contact with WSDOT staff. CM Achziger says nothing.

That’s four of hundreds of examples. But that last one is truly remarkable:

The administration and fellow electeds are openly collaborating to prevent a councilmember from doing legitimate research.

This is misconduct so beyond the pale I’ve struggled to find similar examples anywhere. It may happen other places in private, but the fact that  everyone here is so casual about this form of corruption is really next level.  And remember: this is simply me asking legitimate questions about SR-509.

  • The fact that my colleagues are willing to engage in such behaviour should not be tolerated. It’s bad ethics and it hinders your right to know.
  • The fact that others stand by and do nothing should also not be tolerated. Council-Manager Government cannot function if the majority (and the administration) knows that no one will speak up.

You should want councilmembers who are intellectually curious; people who seek out better ways of doing things. You should want councilmembers who are appreciative of others expertise. And you should want councilmembers who are willing to have their ideas judged based on merit; who do not feel the need to silence and smear opposing points of view.

This is how democracy dies

I almost titled this article ‘this is how democracy dies’, because, well, because this is how democracy dies. 😀

It’s a long way to November and I don’t expect you to remember all this. But if you had any doubt before, now it is out in the open. This is your Council.  It’s not individuals. It’s the entire culture.

The biggest failure of our government is that over the past 20 years it has been able to convince the public that how we do business here is normal. Other cities have their problems, but they do not work like this. The notion that ‘getting along’ or ‘civility’ is some indicator of good government is what has enabled this kind of ongoing corruption.

Why you should care…

If you volunteer or if you work with the City, you’re just interested in getting your short term project done. All this stuff I’m going on about is an abstraction. (Many of you refer to it as ‘the drama’–implying that all the tension on the council concerns a bunch of ‘drama queens’.)

This about ongoing corruption, implemented by the very nice city councilmembers you shake hands with at the Farmers Market every weekend.

It’s a ‘dampening field’ which prevents us from rising above a certain ceiling on any number of longstanding issues. It determines whether your children have healthy air to breathe; your streets are safe; your schools are good; restaurants thrive; programs for seniors and kids are on par with other cities; even the state of entrenched racism which never seems to go away.

I know seeing any tension on the dais is annoying for some of you, but I will keep pushing, because if we can fix this we can fix everything.

And for those who do get it, my question is this: How do we communicate this better to the rest of Des Moines? Many of your neighbours have exactly the same complaints and concerns as you do. How can we make this message clearer?


1I’m honestly not clear on the ‘process’. In fact, I made a motion asking Deputy Mayor Buxton to put down on one sheet of paper what she was proposing. Voted down 1-6. It seems that we will hire a consultant to interview each CM on their ideas. The Mayor will create an Ad Hoc Rules Committee to collate that information. Their output will be brought to a November meeting for a vote. I just want to point out that we’ve done dozens of Rules updates and this is the first time we’ve felt a need to hire a consultant to assist us in this process. In contrast, previous councilmembers (eg. Richard Kennedy) taught themselves to write formally correct draft ordinances.

Port of Seattle assigns Panattoni to develop to Des Moines Creek Business Park West

6 Comments on Port of Seattle assigns Panattoni to develop to Des Moines Creek Business Park West

I almost titled this post “This is what a sellout looks like” But I restrained myself. 🙂

At the 12 July Port of Seattle Commission Meeting, the Port voted to proceed with the Item 10b (Des Moines Creek West Ground Lease.) (Presentation.) This is the scrubby forest land west of the FAA building on 216th with the road connecting to the Des Moines Creek Trail. It will become Phase V of the Des Moines Creek Business Park (DMBCP).

Des Moines Mayor Mahoney and Deputy Mayor Buxton mentioned all the “jobs” and “economic development”. The Port announced that it was exceeding the City’s current tree code with a 4-1 replacement provision. As Commissioner Cho said, “What’s not to like?”

A few details…

  1. *As the presenter said, the FAA paid for most of the original land. And WSDOT bought the rest as one of three possible routes for SR-509. There is also a corresponding parcel at the northern end of the Des Moines Creek Trail.
  2. In 2016, both those north and south parcels were up for auction. The north was offered to the City of SeaTac, the south to the City of Des Moines.
    • In 2021, the City of SeaTac bought 8.8 acress on the north side (a large portion of it with a grant from King County), and is converting their end to BMX trails and forest.
    • The City of Des Moines turned the 14.4 acre parcel at the south end over to the Port of Seattle, who bought it for about $3,000,000 in 2021. And that leads up to today’s agenda item.
  3. According to the Port’s real estate manager, the new development will generate over $3.4M in annual lease revenue for the Port.
  4. The developer is Panattoni Development, the same firm that developed all three previous phases of the DMCBP. Please take a drive around the existing DMCBP and let me know how well they’ve done so far in terms of ‘tree canopy’. A 4-1 replacement program sounds nice until one asks, “How well has the City of Des Moines ever enforced our existing tree code on commercial projects?” (†Spoiler alert below.)
  5. The Mayor and Deputy Mayor mentioned “jobs” and “economic development.” Please ask the City Manager of Des Moines how much money those existing projects have generated for the City of Des Moines. (I tried to get the City to create such a report and was told that it’s ‘impossible’, despite the fact that other cities do exactly that.

Frankly, I do not care about “jobs” or “economic development” for the Port of Seattle or King County–unless they’re in Des Moines.

What if…

If the City of Des Moines had bought the land, we would have control. We could explore a whole spectrum of development opportunities:

  • On one end we could have done as did the City of SeaTac, extended their forest and parks.
  • Or, we could have done exactly what the Port of Seattle is doing and then we would have that $3.4M in lease revenue.

Do you have any idea what $3.4M would mean for a City like Des Moines? It’s over 14% of our annual general fund. It’s enough money to pay for the entire dock replacement program. It’s enough money to power basically every project we would ever need.

Of course the Port is enthusiastic about the project. Who wouldn’t be excited? They got land subsidised by Federal and State dollars and they have no responsibility for the outcomes for residents of Des Moines. But they do get all that juicy money. Forever. And they can add the project to their list of “economic development” and “job creation” wins, because so long as it’s King County, it’s all good as far as they’re concerned. Double plus good? They can also say how ‘environmentally woke’ they are by talking about a ‘tree replacement’ plan that they will ultimately have no control over.

History Repeating itself…

Ground breaking for FAA building at DMCBP. CM Jeremy Nutting, three Des Moines Mayors: Bob Sheckler, Dave Kaplan, Matt Pina, Port Commission President Tom Albro.

Mayor and Deputy Mayor got to make the exact same arguments that former Mayors Sheckler, Kaplan and Pina made ten years ago. Arguments that have been proven false with all three development phases. And what is so scary is that people are now signing off on the same same trickle down economics for a fourth go round:

  • Whatever “economic development” is generated by the project will (somehow) accrue to the benefit of Des Moines. Not true.
  • The area is an environmental mess, so whatever they do will be better than what is there now. Wrong. Even a crappy forest is better for the environment than acres of impermeable surfaces.
  • That the same developer who stripped bare all three previous phases of the DMCBP will (somehow) embrace a different ethos on the fourth try?

If you let yourself be fooled four times, you’re not a fool; you’re in on it.

The In Private World

One last thing: in assigning ‘blame’ it’s worth noting that our City Manager did not present the option to the City Council. However, more than one of my predecessors did know about it. I certainly did as early as 2017 (you could just ask WSDOT. It’s public information, after all.)

All my current colleagues and predecessors have told me they were super-jazzed about it. And certainly nobody spoke up. The fact that they did not feel a need to inform the public is the real problem in my opinion. It will be interesting to see what the public reaction is once letters go out to nearby residents–when it will probably be too late.

Unlike every other nearby city, we’ve had no public planning commission for a decade now. I’m stunned that people don’t realise how important this is. One has only to look at every other city (who do have planning commissions) to notice all the surveys and town halls that’s the reason.

So when you hear about trying to censure me or changing Council Rules to block my access to information, this is why.  We don’t want the public to know unpleasant facts. They’d just slow things down.

In Des Moines, neither (most of 😀 ) the Council, or the public, see the design for projects until they come to a vote. And none of the new CMs so far have mentioned this as a problem. We’ve become addicted to the “in private world.”


*When planning large projects, government agencies frequently buy several parcels of land in an area so that they have choices. When the final route is selected, they then auction them off. The Barnes Creek Trail is another SR-509 route that was not chosen.

†My conflict with the City Manager began literally at our first meeting after my election. He showed me a page from Chapter 16 of the DMMC and demanded an apology because of a public comment I had made before my election. During that comment I had asked why we hadn’t been replacing trees on commercial property in Des Moines. He considered the excerpt he had handed me to be proof that the City had been good stewards of the environment under his leadership. He said that my comments had damaged his reputation and that he did not know if we could proceed with our professional relationship until I offered that apology. To diffuse the situation, I told him I would do some research and if I found out I had wronged him I would issue a robust apology. I immediately did a public records request asking for a total number of tree replacements during his tenure. I was told that the City does not collate either removals or replacements and that the only way to know would be to go through every jacket by hand searching for the required form each developer is required to fill out. The clerk assumed I would not want to do that. But, me being me, I made an appointment to sit in the North Conference Room with every jacket since his hiring. I was joined by both the City Clerk and her assistance because he had required them to do so for some reason. So we all spent the afternoon together. Me going through jackets. Them watching me. Sure enough, there was a form in every jacket where the developer duly notes each tree removal on a diagram of the property. But in over 200 jackets I found zero indications of tree replacement. Regardless, one has only to take a walk around the perimeter of DMCBP to assess the tree cover. Now, here’s the punchline: I was later told by another staff member that the ‘3-1 replacement’ section of the code was put in place at the behest of WSDOT and Sound Transit in order to comply with a State law on transportation projects.

*Improving the ferry pilot program

My post on the Ferry Pilot Program (with the subtle title This Is Insane) has been one of the best moments in my short career as your low-rent elected. I’ve had the absolute (and rare) pleasure of having at least *ten people tell me last week,

At first I was all for it. Then I read your article.

A significant number of average people took the time to read a fairly dense article with a very provocative title, with some actual evidence and… wait, here’s the best part: Changed their minds.

It doesn’t get much better than that. 😀

Now what?

An excellent question. I have a couple of action items below. One of them even involves instant gratification! The others are boring, hard but also quite doable with your help.

But first a bit of background:

  • The money for the first two months sailings cannot be recovered. However, the City has also booked other costs, such as a $70,000 marketing campaign, which may be at least partially recouped.
  • The Council established no metrics for success or failure of this pilot project. And that means there’s no ‘off’ switch.
    • [update] The fare will be free for the first week, then $10 and $5 for seniors. With sixty two (62) passengers and 22 sailing days a month, even with 100% full price capacity, the City will lose $75,000. But because of the schedule, summer vacation for kids, and the proximity for seniors, my guess is that many of the riders will not be paying full price.
  • At our ARPA Spending Meeting last year, the Council voted money for a web site and other materials (including a model and video animaton) to explain the entire Marina Redevelopment to the public as it… er ‘develops’. 😀 The first step would be a Town Hall Meeting. My idea was that the project was so large and it would be changing over time, so we needed this to start filling in the gaps for people, rather than just ‘unveiling’ each item as separate things. (nb: at our 14 July RCM I asked for this to get underway and got nothing. This matters for two reasons:
    • The project is far enough along to where everyone, boat owners, condo owners, etc. wants to be able to visualise where everything is going to go, like the Adaptive Purpose Building (APB), dry stack, hotel, parking,
    • People don’t seem to get that the Marina is about to undergo many years of construction. You think that one crane is annoying? 😀 There are going to be crews down there working on all that stuff for the next decade. Are you starting to tune in to the frequency here? We need the public to understand the schedule.
  • The entire Marina was set up to be an independent business known as an Enterprise Fund. It is, in fact, the largest business source of revenue for the City. The whole point of an enterprise fund is that it must pay for itself. So any project within the Marina must at least break even.
  • When the current City Manager took over, he almost immediately broke the Marina into pieces. The docks are still in the Enterprise Fund, but as you can see from this graphic, the fishing pier and the old “Wasson House” near the beach are not.

    That made it much easier to finance the seawall replacement–the City can use it’s full borrowing authority from the General Fund. But it also made it easier for the City to finance other projects on the floor. And that is, in fact the case with the Ferry Pilot. The City Manager decided that the Ferry Pilot money would come from the ‘Waterfront Zone’, which means it does not have to break even. And it is now drawing from the same pool of money as every other core City function: police, parks, human services, roads, etc.
  • For many years, the Des Moines Marina Association (DMMA) (the boat owners) had an extremely contentious relationship with the City and many brutal public town hall meetings. That changed several years ago. Now, the City attends DMMA monthly meetings. Neither the public or even representatives of the condo owners are usually there. But it has been there that much of the Marina Redevelopment planning has been rolled out first. For example, when the Marina Redevelopment survey was done, it was distributed only to those boat owners! Giving the DMMA so much influence over the entire Marina Redevelopment process was even more insane than the Ferry Pilot itself, for the simple reason that over 80% of the boat owners do not live in Des Moines.

Policy…

These are the things I need your help with to bring some accountability to both the Ferry program and the Marina Redevelopment. It’s always worth repeating that the way the ferry is being handled is the way every aspect of the project is being handled. Everything we can do to make the ferry program more transparent and accountable will have the same benefits for every other aspect of this $50,000,000 project.

#1 MARINA Town Hall

The City Council should vote to execute on the Marina Town Hall Presentation we funded at our ARPA Spending Meeting of September 2021 immediately. The entire ferry program should be put on hold after the initial sixty (60) days until after the presentation is built and until we can have that town hall meeting to explain the entire thing to the public.

  • The presentation should include a complete fly-through animation model of the expected components, a complete financial overview, and a five year projection–including the ferry.
  • It should be followed by a statistically valid survey of Des Moines residents.

Only when these tasks are complete could the Council vote to re-start the program. Consider this a public vote of confidence, which seems appropriate given the scale of the Marina Redevelopment.

#2 Marina Committee

We need a full City Council Committee devoted exclusively to the Marina. Given their expertise and special interest, the DMMA would continue to have great influence of course.

    • But this discussion is the biggest chunk of money we will ever spend and the entire public should be able to participate in the process and every bit of it should be conducted as a public meeting.
    • Also, it’s the only way to get at least a few members of the Council better educated on the topic. The whole point of a Transportation or Public Safety Committee is to have a subset of the Council put in extra time to really learn the material.

#3 Put the Ferry in the Enterprise Fund

The Ferry is a boat. It’s inside the docks. That is within the Enterprise Fund. So, it should accounted for in the Enterprise Fund. If it’s a real money maker? Schweet. The revenues will help pay for the docks and Marina upkeep. If not? It dies a quick death, without sucking oxygen out of the General Fund. Putting the Ferry into the Enterprise Fund provides instant accountability.

Action Items

  1. Look, if it’s ‘free’, I would advise most people to ride the ferry. It’s not like boycotting grapes or whatever. That’s the fun part.
  2. OK, now write the City Council citycouncil@desmoineswa.gov or show up for public comment at our next meeting Thursday July 7 at 6:00PM and show your support for the two above policy items:
    1. Town Hall Presentation
    2. Council Marina Commitee

We are considering an update of our Council’s Rules of Procedure this Thursday. And it is in those rules that committees are defined. So the timing could not be better.


*When I say ‘improve’ this program I’m taxing my ability to be open-minded to its absolute limit. Because the program is even worse than I described in the original article. This is a page from the contract we never even got to at the meeting. Sharp-eyed viewers will note that I was trying to be extra ‘nice’ at that meeting, even when I’d ask a question and the City Manager, instead of quoting a number would say, “it’s in the packet.” Actually, we’re spending at least $470,000 on this two month turkey. Check out the fuel no one mentioned and the $70,000 for marketing. Think about that: $70,000 on a ‘marketing program’ for a $200,000 ‘test’.  (In fact, I’m thinking I may have to order more air quotes from Amazon if this thing keeps up.)


*As of July 17th, at least fifteen.

Weekly Update: 07/03/2022

Leave a comment on Weekly Update: 07/03/2022

This Week

Thursday: King County Flood District (Agenda)

Thursday: Public Safety Committee Meeting (Agenda)

  • Body Camera Update
  • Summer Events Update

Thursday: City Council Meeting (Agenda)

  • The administration is recommending that we lower the speed limit on Pac Highway to 40MPH all along Des Moines.
  • We will discuss how to update our Council Rules of Procedure, which were last updated in November 2019.

How to participate in our meetings

Des Moines City HallCity Council Meetings are scheduled for Thursdays at 6:00PM at City Hall 21630 11th Avenue S., Suite #C Des Moines WA 98198. They can also be viewed live on Comcast Channel 21/321 or on the City’s YouTube channel. Committee Meetings are either at 4:00PM or 5:00PM, also on Thursdays.

You do not have to sign in to attend a meeting!
The sign-in sheet is only for people wishing to make a Public Comment.

There are three ways to provide Public Comment:

  • In person: Show up a few minutes before the meeting and sign the sheet. Public Comment is usually conducted at the beginning of the meeting.
  • By e-mail: All e-mails sent to citycouncil@desmoineswa.gov are considered public comment. They are instantly available to all members of the City Council and the City Clerk who includes them into the record of public comments at the next meeting.
  • By US Mail: Attn: City Clerk Office, 21630 11th Avenue S., Des Moines WA 98198 no later than 4:00 p.m. day of the meeting. Please provide us with your first and last name and the city in which you live.

All letters or e-mails requesting a specific action are referred by the City Clerk to the appropriate City department.

If you would like a follow up from me, personally please indicate that or call me (206) 878-0578.

The Clerk does not read e-mails to the Council in full; only the subject line. However, we do see them as soon as you send them. Your comments are added to the Agenda Packet available on the City web site following each meeting.

Last Week

Tuesday: Port of Seattle Commission Meeting (Agenda) (Video). This was me taking a stand on the corruption in our City. In my public comment I tell the Commission about a letter from Mayor Mahoney which suggests that either the Port staff or our staff or the Mayor are guilty of unethical conduct that should be investigated. We do not have ethics or audit committees, but the Port does. And that is where this is heading.

I hate to sound so vague, but articles like last week’s discussion of the ferry take a certain amount of time to prepare. Last year I tried to tell people “This is a news year” and they think I’m kidding.

To give you a sense of the generational decisions being made, this is comparable to about 1966:

  • The Marina was just getting started.
  • The condos were being built.
  • Marine View Drive was being constructed with the current strip malls.
  • The Second Runway was under construction.
  • I-5 was about to reach into Redondo.

That’s the level of generational change that is about to occur with the Marina Redevelopment, SR-509 and the upcoming SAMP.

And nobody is covering any of it critically. But our connections with the Port and WSDOT run so deep it’s ridiculous. And it’s never been to our benefit.

New Rule: Follow the rules we already have…

At our last meeting, Deputy Mayor Buxton asked to schedule an update to our Rules of Procedure. And presto, it is on the 7 July Agenda.

There have been a couple of dozen updates to our Council’s Rules of Procedure. The last was in November 2019 the meeting immediately after my election. Was I happy about it? I do not think I was. 😀

However, although I took it personally, I should not have felt ‘special’. The more I’ve looked at previous rule updates, the more I’ve noticed a theme. And over the past twenty five years the unspoken narrative seems to be:

‘The City is getting more complex, the situation is getting more dire, we’ve got a ton of stuff to get through, and we need to move things along faster.’

The net effect has been to provide less detail to the Council, give less the authority to the Council and give more to the Mayor, all things I vehemently oppose.

Council Manager Government was designed for seven equals. The ideal (swear to God) is people who are willing to utilise each person’s talents. It takes a lot to work well in this type of environment, but a lot of rules it does not need. Obviously, it takes a great deal of integrity, but it also takes something else: humility. We all get the same vote, no matter our level of expertise or experiences. We can choose to study, or not. We can choose to listen to one another, or not. No ‘rule’ can help with these things.

In this post, I’m not going to cover any rule changes. I’ve written about those elsewhere. Instead, I’m just going to review a few of our current rules to see how well we’re complying with the system as it stands.

Rule 5: Presiding Officer

“The Mayor shall preside at meetings of the Council, and be recognized as the head of the City for all ceremonial purposes.  The Mayor shall have no regular administrative or executive duties.

We could simply hire a professional meeting facilitator for a couple hundred bucks a month to run the meetings and dump all of this. That would take away all the temptation, competition and misunderstandings as to what ‘mayor’ does. It would be the single biggest improvement to our government in history. And nobody would go for it because down deep, a lot of people don’t want seven equals. They want to become “the good king.”

Rule 9: Agendas

In Des Moines, the Mayor sets the agenda. If he deletes an item, it’s supposed to be brought back at the next meeting. We have blown that off so many times, I’ve lost track. Three CMs can ask to have an item put on the agenda, but then there is the section near the end which is confusing:

Any Councilmember seeking to bring forward a new community event or project for consideration shall provide the details of the proposal to the City Clerk in written format, to include the estimated cost and staff time for the proposal.

The joke is, we need the City Manager’s permission to obtain any staff research or we need to first get another vote of the Council to authorise the research. So basically, the only ideas that move forward are ideas people already agree with.

Rule 10: Study Sessions

These were supposed to be monthly ‘informal discussions’.  We have very few of these. First off, we rarely have them, second there is so little obvious regard for each other’s ideas there’s never any real ‘discussion’.

If that sounds harsh, I’ll just note that every other city at least occasionally holds another kind of meeting called a Retreat. A retreat does not have an agenda and does not conform to all the legal formalities of a ‘meeting’. It’s mostly a way for CMs to get to know one another. One would call it ‘team building’ in the corporate world. We have not held a retreat during my tenure. The seven of us have never been in a room without the City Manager and City Attorney also present. And note that we’re also the only Council in the area with no group photo on the wall.

Rule 11: City Manager

The City Manager is required to attend all City Council Meetings, which my colleagues have interpreted to mean that he can go so far as to attend his own performance review. He is supposed to keep the Council updated, but the rule has no required report or details. We are the only city I’m aware of where the City Manager chooses whether or not even to take questions.

Rule 14: Seating

The Mayor gets to choose where we sit. Seriously. We have a rule for that? Pina changed my seat three times. Just because.

Rule 17: Councilmember Interference

“Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs.”

Our City Manager interprets the rule to mean that neither he or staff are required to answer any inquiry from any Councilmember off the dais. He has gone so far as to state that the Council has no oversight role.

Rule 18: Parliamentary

Rules of order not specified by statute, ordinance, or resolution shall be governed by the most recent edition of Robert’s Rules of Order.

(a) Courtesy.  Members of the Council, in the discussion, comments, or debate of any matter or issue, shall be courteous in their language and demeanor and shall not engage in derogatory remarks or insinuations in respect to any other member of the Council, or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant, as determined by the Presiding Officer, to the question or matter under discussion.

(b)  Interruption.  No member of the Council shall interrupt or argue with any other member while such member has the floor.

Who knew, right? 😀. 

Rule 20: Order of Business

Before Public Comment, Pina started reading the following text out loud concerning public conduct and Mahoney continues to do so:

“Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous, threatening, or personally abusive while addressing the Council, may be ordered to leave the meeting.”

No other city does that.

RULE 23

We have five standing committees: Economic Development. Transportation. Municipal Finance. Public Safety. Environment.

Stick with me.

The Economic Development Committee actually functions as a Planning Committee–which is zoning and land use. Other cities have a public planning commission, with… er… well… members of the public. We ended that in 2012. We have no ‘economic development’ committee per se.

The Municipal Facilities and Transportation Committees used to be combined. That is somewhat normal in other cities because the upshot is that these two functions cover capital spending (building, roads, etc.)

In practice, the MFC and EDC and TPC tend to get overlapping duplicate presentations. The MFC and EDC often have duplicate agendas concerning the Marina. And the MFC and TPC also get duplicates of anything ‘roads’.

So nothing ‘Marina’ gets studied or decided at the Committee level because there’s no single ‘authority’.

We’re also the only city with no Finance Committee–which controls the IT department (web site, meeting videos, etc.)

We should have a Marina Committee. We should have a Finance Committee. We should have a Public Planning Commission.

Rule 26: Ordinances

An ordinance is something that goes into the Municipal Code. It takes two ‘readings’ (votes) and thus two meetings. Rule 26 has a clause 26b that allows CMs to bypass the second reading and pass the thing in a single night. It was designed for emergencies.

What the City Manager almost always does is place that Motion 26b to bypass second reading on the agenda to enact the ordinance in one vote. That has become the default.

I always note no for the simple reason that most of the public only hears about issues at the first meeting. So their only practical chance to comment would be at the second meeting. There are almost no agenda items that can’t wait two weeks.

Rule 30: Advisory Boards

All statutory boards and commissions and Council citizen advisory bodies shall provide the Council with copies of minutes of all meetings.  Reports to the City Council shall be made during Administration Reports as needed to keep the Council apprised of the actions of the body. Not less than one time per year, the board, commission or citizen advisory body shall have a representative provide an update to the Council of the body’s activities.

In 1996, our web site clearly showed every member of every advisory committee, the minutes of every meeting at least quarterly.

In 2022, I doubt if anyone except the Mayor now knows the names of the members of all our advisory committees. They no longer keep minutes.

And some of these ‘advisory’ committees shift from ‘private’ to ‘public’ For example, the Police Chief’s advisory committee was ‘private’. But somehow I was removed from it by the Mayor in April and now it’s listed as a ‘public’ City advisory committee with a ‘liaison’. But there is no Council resolution authorising it, no members, no minutes. We’re flexible like that.

Rule 32: Complaints directly to a CM

When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember may then refer the matter directly to the City Manager for his/her view and/or action.  The individual Councilmember may request to be informed of the action or response made to the complaint

The City Manager has failed to comply with this rule so many times I’ve lost count.

Rules 35, 36: Recordings

I’ve already written about this many times. It’s reason #327 why we need a Finance Committee, to provide some oversight over IT.


7/89, 7/90, 10/90, 11/90, 8/91, 10/91, 12/91, 4/92,  2/94, 3/94, 8/94, 6/95, 9/00, 5/03, 9/03, 8/04, 4/05, 5/06, 1/11, Res. 1140 4/12, Res. 1189 2/17, Res. 1356 2/18, Res. 1379 11/19, Res. 1409

 

New rule: Follow the rules we already have

1 Comment on New rule: Follow the rules we already have

At our last meeting, Deputy Mayor Buxton asked to schedule an update to our Rules of Procedure. And presto, it is on the 7 July Agenda.

There have been a couple of dozen updates to our Council’s Rules of Procedure. The last was in November 2019 the meeting immediately after my election. Was I happy about it? I do not think I was. 😀

However, although I took it personally, I should not have felt ‘special’. The more I’ve looked at previous rule updates, the more I’ve noticed a theme. And over the past twenty five years the unspoken narrative seems to be:

‘The City is getting more complex, the situation is getting more dire, we’ve got a ton of stuff to get through, and we need to move things along faster.’

The net effect has been to provide less detail to the Council, give less the authority to the Council and give more to the Mayor, all things I vehemently oppose.

Council Manager Government was designed for seven equals. The ideal (swear to God) is people who are willing to utilise each person’s talents. It takes a lot to work well in this type of environment, but a lot of rules it does not need. Obviously, it takes a great deal of integrity, but it also takes something else: humility. We all get the same vote, no matter our level of expertise or experiences. We can choose to study, or not. We can choose to listen to one another, or not. No ‘rule’ can help with these things.

In this post, I’m not going to cover any rule changes. I’ve written about those elsewhere. Instead, I’m just going to review a few of our current rules to see how well we’re complying with the system as it stands.

Rule 5: Presiding Officer

“The Mayor shall preside at meetings of the Council, and be recognized as the head of the City for all ceremonial purposes.  The Mayor shall have no regular administrative or executive duties.

We could simply hire a professional meeting facilitator for a couple hundred bucks a month to run the meetings and dump all of this. That would take away all the temptation, competition and misunderstandings as to what ‘mayor’ does. It would be the single biggest improvement to our government in history. And nobody would go for it because down deep, a lot of people don’t want seven equals. They want to become “the good king.”

Rule 9: Agendas

In Des Moines, the Mayor sets the agenda. If he deletes an item, it’s supposed to be brought back at the next meeting. We have blown that off so many times, I’ve lost track. Three CMs can ask to have an item put on the agenda, but then there is the section near the end which is confusing:

Any Councilmember seeking to bring forward a new community event or project for consideration shall provide the details of the proposal to the City Clerk in written format, to include the estimated cost and staff time for the proposal.

The joke is, we need the City Manager’s permission to obtain any staff research or we need to first get another vote of the Council to authorise the research. So basically, the only ideas that move forward are ideas people already agree with.

Rule 10: Study Sessions

These were supposed to be monthly ‘informal discussions’.  We have very few of these. First off, we rarely have them, second there is so little obvious regard for each other’s ideas there’s never any real ‘discussion’.

If that sounds harsh, I’ll just note that every other city at least occasionally holds another kind of meeting called a Retreat. A retreat does not have an agenda and does not conform to all the legal formalities of a ‘meeting’. It’s mostly a way for CMs to get to know one another. One would call it ‘team building’ in the corporate world. We have not held a retreat during my tenure. The seven of us have never been in a room without the City Manager and City Attorney also present. And note that we’re also the only Council in the area with no group photo on the wall.

Rule 11: City Manager

The City Manager is required to attend all City Council Meetings, which my colleagues have interpreted to mean that he can go so far as to attend his own performance review. He is supposed to keep the Council updated, but the rule has no required report or details. We are the only city I’m aware of where the City Manager chooses whether or not even to take questions.

Rule 14: Seating

The Mayor gets to choose where we sit. Seriously. We have a rule for that? Pina changed my seat three times. Just because.

Rule 17: Councilmember Interference

“Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs.”

Our City Manager interprets the rule to mean that neither he or staff are required to answer any inquiry from any Councilmember off the dais. He has gone so far as to state that the Council has no oversight role.

Rule 18: Parliamentary

Rules of order not specified by statute, ordinance, or resolution shall be governed by the most recent edition of Robert’s Rules of Order.

(a) Courtesy.  Members of the Council, in the discussion, comments, or debate of any matter or issue, shall be courteous in their language and demeanor and shall not engage in derogatory remarks or insinuations in respect to any other member of the Council, or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant, as determined by the Presiding Officer, to the question or matter under discussion.

(b)  Interruption.  No member of the Council shall interrupt or argue with any other member while such member has the floor.

Who knew, right? 😀. 

Rule 20: Order of Business

Before Public Comment, Pina started reading the following text out loud concerning public conduct and Mahoney continues to do so:

“Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous, threatening, or personally abusive while addressing the Council, may be ordered to leave the meeting.”

No other city does that.

RULE 23

We have five standing committees: Economic Development. Transportation. Municipal Finance. Public Safety. Environment.

Stick with me.

The Economic Development Committee actually functions as a Planning Committee–which is zoning and land use. Other cities have a public planning commission, with… er… well… members of the public. We ended that in 2012. We have no ‘economic development’ committee per se.

The Municipal Facilities and Transportation Committees used to be combined. That is somewhat normal in other cities because the upshot is that these two functions cover capital spending (building, roads, etc.)

In practice, the MFC and EDC and TPC tend to get overlapping duplicate presentations. The MFC and EDC often have duplicate agendas concerning the Marina. And the MFC and TPC also get duplicates of anything ‘roads’.

So nothing ‘Marina’ gets studied or decided at the Committee level because there’s no single ‘authority’.

We’re also the only city with no Finance Committee–which controls the IT department (web site, meeting videos, etc.)

We should have a Marina Committee. We should have a Finance Committee. We should have a Public Planning Commission.

Rule 26: Ordinances

An ordinance is something that goes into the Municipal Code. It takes two ‘readings’ (votes) and thus two meetings. Rule 26 has a clause 26b that allows CMs to bypass the second reading and pass the thing in a single night. It was designed for emergencies.

What the City Manager almost always does is place that Motion 26b to bypass second reading on the agenda to enact the ordinance in one vote. That has become the default.

I always note no for the simple reason that most of the public only hears about issues at the first meeting. So their only practical chance to comment would be at the second meeting. There are almost no agenda items that can’t wait two weeks.

Rule 30: Advisory Boards

All statutory boards and commissions and Council citizen advisory bodies shall provide the Council with copies of minutes of all meetings.  Reports to the City Council shall be made during Administration Reports as needed to keep the Council apprised of the actions of the body. Not less than one time per year, the board, commission or citizen advisory body shall have a representative provide an update to the Council of the body’s activities.

In 1996, our web site clearly showed every member of every advisory committee, the minutes of every meeting at least quarterly.

In 2022, I doubt if anyone except the Mayor now knows the names of the members of all our advisory committees. They no longer keep minutes.

And some of these ‘advisory’ committees shift from ‘private’ to ‘public’ For example, the Police Chief’s advisory committee was ‘private’. But somehow I was removed from it by the Mayor in April and now it’s listed as a ‘public’ City advisory committee with a ‘liaison’. But there is no Council resolution authorising it, no members, no minutes. We’re flexible like that.

Rule 32: Complaints directly to a CM

When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember may then refer the matter directly to the City Manager for his/her view and/or action.  The individual Councilmember may request to be informed of the action or response made to the complaint

The City Manager has failed to comply with this rule so many times I’ve lost count.

Rules 35, 36: Recordings

I’ve already written about this many times. It’s reason #327 why we need a Finance Committee, to provide some oversight over IT.


7/89, 7/90, 10/90, 11/90, 8/91, 10/91, 12/91, 4/92,  2/94, 3/94, 8/94, 6/95, 9/00, 5/03, 9/03, 8/04, 4/05, 5/06, 1/11, Res. 1140 4/12, Res. 1189 2/17, Res. 1356 2/18, Res. 1379 11/19, Res. 1409

 

This is insane

19 Comments on This is insane

The following is a reality check on the Ferry Pilot program the Council approved at our 23 June Meeting. Now, there is a long-winded introduction and I know some people don’t read the long-winded introductions. But it addresses the numerous complaints about the ‘arguing’ at our 9 June meeting so I hope you’ll read. If not, you can skip directly into the program.

Intro

Residents tell me all the time to “be calmer” and I have no idea what they’re talking about. I’ve certainly never deliberately attacked anyone. Or gotten visibly angry. I do get animated. I tell my version of ‘jokes’. I’m occasionally sarcastic as hell. But this always theatrics. It’s meant to be didactic. I’m trying to tell you, the audience, “Wake up! Pay attention to this. This is the important bit!”

Because after so many years watching our meetings I came to realise that almost no one was really listening. Most people have no idea what is really going on. So the meetings kinda drone on like the way me dad used to leave the TV running in the breakfast room. And unless there are markers to indicate “Wake up! This is important!” you’ll miss the stuff that really matters.

You can be too calm…

We started heading in the wrong direction a very long time ago. There have always been one or two councilmembers who tried to push back and reform our system. Their strategy was to always be as nice and friction-free as possible. They tried their guts out to be “cooperative”, even when there was no reciprocation. But by working so hard to be constantly “friendly”, I’m convinced that the public slept through a whole lot of bad. We’d have a meeting on some big construction project and people would not realise just how awful it was. People hate screaming. I get it. But most of us kinda need it otherwise they miss when something spectacularly wrong occurs.

One sentence…

So at this meeting, I limited any snippiness to one line, regarding the ferry. “This is insane.” And by being so gosh darned “nice” otherwise, afterwards I got several messages telling me how excited people are about the ferry and how glad they are to see the Council all on the same page!

That tells me it wasn’t just the poor audio quality that kept people from hearing. I’m sorry to say, but this is just further proof that when things are too “pleasant” people just don’t pay enough attention. Especially on issues like the ferry, which many of you want so much to believe in I need to be unambiguous.

I told you: This is insane. And here is why.

The program…

The Council voted to approve a sixty day pilot project (contract) using the sixty three passenger whale watching vessel Chilkat from Puget Sound Express.

It will initially have four sailings a day: from Wednesday through Sunday, from our guest moorage to Bell Harbor Marina.

10:00 am 11:00 am
12:00 pm 1:00 pm
2:00 pm 3:00 pm
4:00 pm 5:00 pm

1The initial fare price will be zero. You heard it here, folks. free, Free, FREE!

You’re welcome.

Concerns…

#1 Sunk costs

I want to point out that, in addition to the $975,000 the Council gave to the City Manager to play with at our 14 April Meeting, we have already sunk at least $200,000 in other costs into (cough) ‘researching’ this thing. Including at least these:

Diedrich-RPM private (cough) demand study$35,000
Peter Philips Ferry consultant retainer ($3,000/mo) that will continue indefinitely.$72,000
Maritime Consulting Partners a second consultant hired to find the vendor, create the start-up systems (fare box, gangway, etc.), promote the program and. furnish the final performance analysis$7,500
Start up costs (docks, fareboxes, customer service, etc.)$90,000
TOTAL$204,500

And none of that includes staff time, schmoozing, various reimbursed business lunches, etc.

and… if one actually reads the contract, take a look at page 30 where the actual commitment is not ($87,500 x 2 months.) It’s $470,000!

#2 Beta test?

The City Manager, and all my colleagues, referred to this sixty day program as a ‘beta test’. It’s only June but I can confidently announce that this will win the Inigo Montoya Award for 2022.


When software engineers build a large program, the first version that leaves the lab is an “alpha”. It (mostly) works, but the features are still being debated. It is not shown to the public because we’re not sure if the thing is even saleable. The ‘beta’ is a working version that is “feature complete.” We let a small group of ‘power users’ try it for the purpose of working out bugs, not to see if people like it and not for market testing. In fact, management discourages engineers from making changes because every time you do that, you run the risk of introducing new bugs. The nightmare scenario for a software company is a beta test where the users demand major feature changes. That scares investors. It signals that management might not have a good read on what will actually sell.

The contract requires us to pay $87,500 a month to the vendor to run this thing.

Some details on what you get for $87,500…
  • No Monday or Tuesday.
  • No commuter runs either in the morning or evening.
  • The ‘test’ is being run in August and September, the most likely time for people to take a fun, free ride but the worst time to determine real ongoing demand.
  • The City acknowledges it may run into significant challenges obtaining staff. Going so far as to consider hiring 3high school students to crew in lieu of shortages of vendor staff.
  • For those of you unfamiliar with Bell Harbor Marina, it’s the home of the Port of Seattle on Bell Street and Alaskan Way. It’s an easy to walk to fun places like Pike Place. But it’s about a mile to Westlake Center. It’s about a mile to 4th Ave. It’s about a 20 minute walk to anywhere white collar people work. And it’s a serious bus ride to any blue collar jobs. Every try to get a bus off Alaskan Way to SODO? Goooooood luck. So after your leisurely whale-watching adventure (..er.. ‘commute’), an actual commuter should plan on the same amount of time for the rest of their journey. And maybe a bus fare. (True blue ferry riders might want to cut the middle man and simply apply for a job with the Port of Seattle.)
  • And again for the cheap seats, the contract actually specifics $470,000!

So the City Manager, and my colleagues, were already talking about more ‘beta tests’ from September on to, you know, iron out some ‘details’. 😀 And just to be clear: any changes to those variables will come with additional costs TBD.

This is no “test” in any meaningful sense of the word.

#3 Revenue Potential

Another detail, which once again makes me think no one else actually reads the packet. The contract requires us to pay $87,500 a month to the vendor to run this thing four times a day, five days a week.

Pick an eventual fare price. (It won’t be free forever, Virginia, get real. 😀 ) Let’s keep it at $11 a ride since we’re a bunch o’ swell people who don’t want to gouge the public.

Now let’s do a quick bit o’ math, shall we?

62 seats x  7 or 8 sailings a day (depending on where she spends the night)  sailings a day x 21.5 days  x $11 a ride is…

$117,304.

At $11 a ride and 100% capacity we would make $29,804 every month. Sounds pretty good. Now add in $46,800/month in fuel.

Whoopsies! Absolute best case scenario? We lose $16,996/month.

OK, so I leave “showing my work” on the rest of this as an exercise for the reader.  For now, my guesses are these:

  • The break even fare for a five day, four sailing ferry is $16
  • The break even fare for a five day, five sailing ferry is likely closer to $20.
  • The break even fare for a seven day, five sailing ferry is probably $24

Which means that even if there is one hundred percent capacity at every sailing (no bad weather or mechanical or labour cancellations) the thing will still never pay for itself. It’s not that it won’t make a lot of money. It will never make any money. It will always need to be subsidised unless the fares are so high that the only commuters who will use it regularly are people who currently have enough money to pay to park downtown. Meaning almost exclusively white collar. The rest would be ‘occasionals’ people taking their gran down to Pike Place for a fun-filled day trip.

Or… and this was truly said at the meeting, “People on layover at Sea-Tac Airport would Uber over to our Marina, get on a ferry, go down to Bell Harbor and then come back to continue their journey to their final destination.”

Seriously?

#4 bait and switch

Given all the publicity from the first ‘test’ back in September, I think it’s reasonable to assume that everyone thought this ‘beta test’ might be comparable to the 178 seat Orca II, moored at Pier 57 (University–the Big Wheel.)

Stick with me here. On 14 April, the Council approved $975,000 for the City Manager to identify a vendor to do a second round of “testing.” I asked why that number and got no response. I think we all assumed that $975,000 was the cost of a boat similar to the Orca II.

He then comes back with the contract we saw for $290,000. What a bargain! But the Chilkat (capacity: 63) is one third the size of the Orca II and Bell Harbor is half a mile north.

Even more troubling for me is this. The contract is dated 25 May, which sounds reasonable. But here’s the reason it is so egregious when my colleagues do not examine the vouchers and the City obstructs me from so doing:

A quick review of the timing of the consultant fees makes it clear that the City had already identified the new vendor in February and likely settled on the new boat ($290,000) months before asking for $975,000.

What annoys me particularly is the last item. Council Meeting 04/14. We paid the consultant to do something related to that City Council Meeting. But I do not recall him taking questions from (wait for it) the City Council,

In other words, the City Manager likely knew when he came to the Council for $975,000 that he would not be using the boat from last fall or that vendor. But he did not tell the Council. In fact, they likely already knew the vendor they did want, and the boat and the cost of the sixty day ‘test’, which is $290,000.

It is common practice for the City to keep negotiations under wraps. But this is beyond the pale. The City provided no information for the Council. They asked for $975,000 up front to perform a single test, but their real intent all along seems to be to have money ‘in the bank’ to do multiple tests.

So. Not. Cool.

#5 It misspends money

When you waste a dollar, you misspend two dollars. The dollar you should not have spent; and the dollar that could have been spent well.

This project needlessly takes money away from any number of important core programs. What programs are you concerned about?

  • Roads?
  • Parks?
  • Public Safety?
  • Housing?
  • Human services?
  • Airport noise and pollution?

All of us may reasonably disagree on which of those are of highest priority. But regardless, surely we can all agree that those are the core functions of the City and that a ferry is not. Every dollar that goes into a total money loser, is millions of dollars that will not be going towards those essential functions.

#6 The first hit is free

Since day one I have been asking for something very simple: A business plan. I have received none because there is none. The only possible justification would be if the service somehow drove some other money making businesses. Again, there is none. They are all ‘TBD’ because they do not exist.

The only thing I’ve ever read or heard is this, from the Waterland Blog:

“A passenger ferry could serve two purposes:

    1. Commuting to downtown Seattle (or other destinations like Tacoma).
    2. Tourism attraction that could serve as an “anchor” to a revitalized Des Moines Marina.

The ferry service will also be an essential component to regional emergency plans and regional resiliency plans as it is the closest harbor to the Kent Valley, our center of warehousing and manufacturing,” a study by diedrich-rpm said. “The Kent Valley is vulnerable to flooding in an earthquake or dam breach.”

No one boat can do all those things well. And I have heard no agency mention any willingness to pay Des Moines to keep the engine running on an emergency ferry. You know, for the impending Cascadia Megaquake.

Basically, the plan is to keep (cough) spending money ‘testing’ this thing until it becomes a permanent fixture. And as any successful drug dealer will tell you, the best way to sell something like this is to give it away in the beginning.

The City Manager is simply asking the public to believe that somehow a combination of a “ferry”, a “hotel”, a “farmers market”, an “SR3” (none of them money-makers) will somehow create some “magic” that brings in “tens of thousands of tourists.”

These are words from our Mayor in supporting the City’s offer to subsidise SR3 back in 2019:

It’s great about our eco-tourism. This alone is going to bring tens of thousands of people into our town. They’re going to eat at our restaurants. They’re going to get educated about our community. It’s a complete win. And… we get to help some of our sea life in the Sound… and… uh… that’s very important as well.


I fully support SR3’s mission. But I used the word ‘subsidise’ because we give SR3 far more in grants than they will likely ever pay in rent on the Marina floor.

Mahoney knew when he said those words that the facility would draw no tourism because *SR3 cannot draw tourism. We have a long history of hucksterism like this. The City took advantage of our residents’ deep attachment to sea life to needlessly give up one of the most lucrative spots on the Marina floor.

The ferry is exactly the same thing. A ferry is one of the most romantic notions imaginable. And the City of Des Moines is going to be giving it away to make it even tougher to get people to understand what a waste of money it is. In both cases, the City is manipulating the public’s emotions to keep people from looking at the terrible financial prospects for our community.

  • As a business proposition the ferry makes no sense.
  • To call this contract a ‘beta test’ is an insult.
  • The project misspends hundreds of thousands of dollars that could (and should) be going to core programs; the things we actually know how to do really well. We should spend our money on those things because those are the things that serve the interests of all our residents.

As a business owner, a professional engineer, and a steward of the public trust, I resent all three with every fiber of my being.

Summary

  • The ‘test’ has no commuter sailings.
  • The ‘test’ is being run during the two worst possible months for evaluating revenue potential.
  • The ‘test’ doesn’t even include Monday and Tuesday.
  • The boat is too small to test parking issues.
  • There may be significant staffing challenges.
  • It provides no meaningful transit option except for possibly a limited number of high income office workers.
  • Regardless, on its own it will never make money. Ever.
  • And worse, the Marina writ large has no concrete business plan.
  • At the same time, it robs over a million dollars away from important core competencies and the more it sails, the more it robs.
  • The entire “test” is a bait and switch.

Best case, this will be an indulgence for a very small number of people; and it will be paid for by the rest of Des Moines. Taking money from core services in order to do something based on wishful thinking is so elitist, so wasteful and so unjust for the wider community interest I can only close as I opened.

This is insane.


1There is nothing at all in the agreement concerning fares. On the video, the City Manager states his intent to set the initial price to zero, specifically for the purpose of attracting interest.

2No fare price was ever seriously discussed. I picked the $11 fare price because that was a number that both Mahoney and Matthias floated during a 2019 Council study session. In fact, the optimal fare price according to the (cough) demand study was $8.

3The City Manager states that he has already had discussions with Highline Schools COO Scott Logan about the possibility of using Maritime High School students as crew. I welcome opportunities for young people to have their first job (especially on the water.) And I do not claim to be an expert on their curriculum. However, it requires not one, but two State certs to deck hand on a State ferry. The job is public safety after all.

*SR3 originally chose to site the facility on the corner of 223rd and Sixth Ave, the location of Harper Studios.  (Doreen Harper is a board member of the SR3 Foundation.) The whole idea is to keep the animals in a quiet spot isolated from the public. But since so many people are so emotionally attached to the animals, it’s simply impossible to have a “by the numbers” discussion of the wisdom of siting the facility in that specific place.