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HomeMy WebLinkAbout1995-10-23 Special MinutesTUKWILA CITY COUNCIL October 23, 1995 Tukwila City Hall 8:00 p.m. Council Chambers CALL TO ORDER ROLL CALL OFFICIALS CITIZEN'S COMMENTS CONSENT AGENDA PUBLIC HEARINGS Public Hearing opened on revenue sources including property taxes Public hearing closed SPECIAL MEETING MINUTES Mayor Rants called the Special Meeting to order. JOE DUFFIE; JOAN HERNANDEZ; ALLAN EKBERG, Council President; DENNIS ROBERTSON; STEVE MULLET; PAM CARTER; JIM HAGGERTON. JOHN MCFARLAND, City Administrator; LINDA COHEN, City Attorney; STEVE LANCASTER, DCD Director; ROSS EARNST, Public Works Director; DOUG MICHEAU, Public Works Coordinator; MOIRA BRADSHAW, Associate Planner None. a. Approval of Minutes: 10/9/95 (Sp. Mtg.) b. Approval of Vouchers: Nos. 81635 thru 81821 in the amount of $813,766.78 MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO APPROVE THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED Mayor Rants opened the public hearing at 8:05 p.m. Alan Doerschel, Finance Director, explained that state law requires taxing districts to "hold a public hearing on revenue sources," which "must include consideration of possible increases in property tax revenues." Further, the hearing "shall be held prior to the time the taxing district levies the taxes or makes the request to have the taxes levied." He said the Proposed Operating Budget for 1996 (General Fund) includes no new taxes and a small increase in property tax revenues. The proposed increase of $66,000 over the 1995 budget is related to new construction. There is a 106% lid on revenue growth from the prior years assessed valuation. 1995 is a non revaluation year and the City of Tukwila is currently at the maximum allowed levy. However, if any revaluation adjustments do occur, the City would revise its estimates to the King County assessor accordingly. Mayor Rants closed the public hearing at 8:08 p.m. Special Meeting Minutes October 23, 1995 Page 2 Quasijudicial: Request for waiver to Ord. 1737 (Hwy 99 Moratorium) Swearing in Staff Mayor Rants opened the hearing at 8:09 p.m. Mayor Rants reviewed the guidelines for the public hearing as follows: The proponent shall speak first and is allowed 15 minutes for a presentation; The opponent is then allowed 15 minutes to make a presentation; each side is then allowed 5 minutes for rebuttal. Citizens who wish to address the Council may speak for five minutes each. The Mayor then asked the City Attorney to swear in the participants. City Attorney Cohen explained that since this is a Quasijudicial hearing, any issues of appearance of fairness or any ex parte contacts should be disclosed at this time. Councilmember Carter announced that she would not be participating in the public hearing due to what might be an appearance of fairness issue and requested to be excused. Mayor Rants excused Councilmember Carter. City Attorney Cohen then asked the participants to raise their right hand as she stated the Oath: "Do you affirm that the testimony that you are about to give in this matter to be the truth All participants responded affirmatively. Moira Bradshaw, Associate Planner, DCD, clarified with the City Attorney that the Wen Lin Family waiver application, which contained Exhibits A D, would be entered into the records as Exhibit #1. She continued that Mr. Wen Lin had applied for a waiver from the Highway 99 Moratorium in September 1994. The Hwy 99 Moratorium has been in existence since December of 1993. It will be expiring in a couple of months. It's been continued four (4) times over its course. The intent of the moratorium is to preclude application for business licenses and building permits for the construction of hotels, motels, pool rooms, taverns, night clubs, liquor stores and other similar uses. The Council has established in the moratorium a waiver process, and highlighted four (4) criteria to be reviewed and considered when hearing a petition for a waiver from the moratorium. The four (4) criteria are: consideration of the intent of the moratorium; the best interest of the City weighed against the interest of the individual; the circumstances and hardship caused by the Special Meeting Minutes October 23, 1995 Page 3 Wen Lin/Econo Lodge Public Hearing on Waiver (Cont' d) Applicant VERBATIM TRANSCRIPT OF MR. WEN LIN DUE TO LANGUAGE BARRIER Mr. Wen Lin: moratorium; and the damage resulting from strict adherence to the moratorium. Bradshaw stated that this is the second time that Mr. Lin has come before the City Council to request a waiver from this particular moratorium. Mr. Martin Durkin, Jr., 330 SW 43rd Street, Renton, WA, representing the Wen Lin family to replace a 1940's single story motel complex of 17 units in 6 detached structures with a 3 story hotel of approximately 40 units to be associated with the existing Econo Lodge, stated that the petitioner's request meets the standards required for approval as outlined in Section 3 of Ordinance #1721. By granting the waiver and allowing Mr. Lin to build a new facility, the Council would be meeting the intent of the ordinance. Replacing the old motel will help ensure public safety by reducing crime in the area. A newer facility, such as the Econo Lodge, will attract individuals who are in the Tukwila area for longer stays and legitimate reasons. By not allowing the waiver, the City will only create further problems for the Lin family and the surrounding neighborhoods. Referencing a letter dated August 31, 1995, from Towne Bank, Robertson posed the question, "Would it be impossible for Mr. Lin to request that the first disbursement of the loan be made prior to December 29, 1995 and to finish spending the $550,000 before the end of March 29, 1996 Mr. Wen Lin, 13910 Pacific Hwy South, Tukwila, WA 98168. Regarding this question of the loan disbursement, I have expressed the condition to the banker and we had a meeting at our property about two weeks ago. He told me that the SBA loan does allow for the extension for one year. And so the condition will be that if we have a prospect of going ahead, he will wait and we will apply for the extension for one year. And so this letter was written before we had any idea of where we stand. And that's why also I want to apply for a waiver at this time instead of waiting for next year when the picture of the Comp Plan is completely clear. It will be more advantageous for to save time for the Council and the City and myself not to present something at this point before the Comp Special Meeting Minutes October 23, 1995 Page 4 Wen Lin/Econo Lodge Public Hearing on Waiver (Cont' d) Mr. Lin (verbatim): Mr. Lin (verbatim): Mr. Lin (verbatim): Plan is final. But, because there is a constraint of the time limit on the loan, I have to bring this up to you tonight. If we have the green light to go ahead, then the bank will certainly understand the situation and they will extend to us. Mr. Robertson asked for clarification on the processing timeline. I give him the date that we are going to have a hearing, which is today. And so he marked down on the calendar and probably he will call me up tomorrow then I can find out where we stand. And if we can grant the waiver to go ahead, then we will start working with the government to extend the loan commitment period. Robertson said it is the Council's intention to complete the Comp. Land Use Plan and Zoning Map the first week in December. At that point the moratorium will cease to exist. This means approximately six (6) weeks until the adoption of the Comp Plan. Robertson asked Mr. Lin if six (6) weeks would constitute a hardship on either the banker or Mr. Lin. The answer is this. It takes time for the City and the Council to arrange for the public meeting, public hearing. I understand that last year first time when I applied for the public hearing, it took about four to five months. Robertson reiterated, why is waiting six weeks a hardship? Maybe I made a mistake to wait so long. The last time the moratorium was renewed was June 20, effective June 20. We decided that we would come back and submit a waiver request again. However, I have had a lot of discussion with people around City government and I was told that if we wait for a little bit, maybe we can accomplish the whole thing in the Comp Plan and the Developmental Regulations. So I didn't come back and apply, I've been waiting. During this time there have been lots of talk about the prohibited hotel development in the area. And I understand that it changes from time to time and everything is so uncertain. Therefore, I wait for a little bit and watch a little bit but I don't know exactly when we actually will finish the whole thing because I understand that even though most of it will be finished this year, there are still some sensitive areas issues to address. So Special Meeting Minutes October 23, 1995 Page 5 Win Lin/Econo Lodge Public Hearing on Waiver (Cont' d) Mr. Lin (verbatim): Opponents: to my knowledge, there's no certain date that certain items will get finished this year. And I've been waiting for a few months and so finally I made a decision myself after I talked to one of the City's officials. I said maybe I should go ahead and submit it. Robertson, referring to his original question, said if the Comprehensive Land Use Plan and Zoning Map were past in the first week of December as is currently planned, and the moratorium is no longer in existence, what would constitute a financial hardship. He said from the information presented tonight, it appears that an extension would still be honored on the small business loan. Yes, it would. But the extension final disbursement date would be September 1996. That would be the most favorable that SBA would do and no guarantee. So if we back off from that date and give construction six months, and then the City's permits take three to four months and I talk to my architect, I say how much time you need to do this. He said it will be maybe three to four months. And again, we are running short in time. And each day is important to us to make this project possible. I understand that six weeks is nothing compared to a big project like this, but it get to the point where it is very pushing. Ron Lamb, 4251 South 139th, submitted petitions to be entered into the record as Exhibit #3 and a letter addressed to the City Council, dated October 23, as Exhibit #4. The petitions opposed the request for waiver of the moratorium ordinance limiting building permits for certain businesses. He says by allowing the Lin exception, it opens the door to others to let their property deteriorate so that they can receive City approval for more intensive use. Granting this request would set a bad precedence, he said. Nancy Lamb, 4251 South 139th Street, commented that her primary concern is the decay of neighborhoods that is caused by the unrestricted building and the type of land use that led to the Council's emergency moratorium. The threat to public health and safety hasn't gone away yet. We can only hope to start seeing improvement soon. She says she sees the Lin's project as motel owners' attempt to get the City to gamble on their single- minded Special Meeting Minutes October 23, 1995 Page 6 Wen Lin/Econo Lodge Public Hearing on Waiver (Cont' d) Rebuttal vision for higher profits to their business, to the detriment of the residents of that neighborhood. Lamb submitted a letter directed to the City Council and the Mayor. It was entered into the record as Exhibit #5. Rand Koler of the firm Koler, Rosen Fitzsimmons, P.S. (representing the Lambs), 615 Second Avenue, Seattle, WA 98104 -2203, distributed a letter dated October 23, 1995, in opposition of the Lin petition for waiver of the moratorium. His comments, however, were in response to earlier comments. With regards to Mr. Lin's financing letter (Exhibit #1 -B), he said it is not a commitment letter. In 1989 a Lender's Statute of Frauds was passed and states that in undertaking to make a loan that is not in writing is not enforceable against the lender. Mr. Lin has no enforceable right to any loan. He has a statement of intent; a letter of goodwill. It's very preliminary. It doesn't even identify the project. $550,000 dollars is not nearly enough to construct a 40- unit motel. The letter raises many more questions than it answers. Mr. Koler encouraged the Council to please review all of the material submitted very carefully because he doesn't believe there is any basis for findings of fact that will support the conclusion that a waiver is warranted. Mr. Durkin stated that the issue is not the loan, the issue is the moratorium and the policy. The moratorium allows for land owners to make petition for a waiver. That's what Mr. Lin is doing. The petition was made prior to seeing the last draft Comp Plan so the Lins were not aware that a change would occur that would allow him to proceed with his plans. He said the submittal was based on the waiver criteria in the moratorium ordinance and he believes they've met that criteria. He said it is his hope that the facts presented will cause the Council to act favorably on Mr. Lin's request. Ms. Lamb commented that in checking the square footage of the proposed building and the type of construction that will be used, the total amount needed would be approximately $1,023,291. The $550,000 loan is only half of what he needs for this project. Special Meeting Minutes October 23, 1995 Page 7 Wen Lin/Econo Lodge Public Hearing on Waiver (Cont' d) Public comments: Mr. Kolar commented that Ordinance #1679 lists the public interest served by the moratorium. It identifies this specific use and it identifies the specific concerns that have been expressed by the community. And it says that there is a greater good served by stopping building permits so that they can be analyzed. Kolar said while he admits Mr. Lin has shown a hardship; it is the hardship that necessarily results from a moratorium and does not begin to meet the standard of undue hardship pronounced by the waiver's ordinance. Ellen Gengler, 13727 Macadam Road South, Tukwila, addressed the Council in her own behalf, and in the behalf of some of the members of the Highway 99 Task Force with regards to Mr. Lin's request for a waiver to the moratorium on Hwy 99. She said it would be ideal for Mr. Lin to wait until the Comprehensive Plan is adopted before starting to redevelop his property. This is only a matter of a month and a few days before Council adopts the plan. However, if the Council finds this to truly be a hardship case, then the task force could ask that Mr. Lin be held to the City's strict standards and go through design review, where citizens can have input. Ms. Gengler letter, dated October 24, 1995, was entered into the record as Exhibit #10. Diane Meyers, 13919 42nd Avenue South, Tukwila, asked that Ms. Gengler speak on her behalf. Ms. Meyers was present; however, due to illness she was unable to participate. Therefore, Ms. Gengler circulated the photos for her (entered into the records as Exhibits #11 12) that showed Mr. Lin has taken no interest in his property and has not been a good neighbor to the residents. Ms. Meyers urged the Council to deny the request for waiver, per Ms. Gengler. Bob Scarber, 13716 41st Avenue South, Tukwila, commented that criminal activity at Mr. Lin's motel (Econo Lodge) has been apparent almost on a daily basis, or at least on a weekly basis. There is visible prostitution and drug activity even while Mr. Lin has been in the immediate vicinity. He said an abatement proceeding rather than a waiver proceeding would be much more appropriate. He said he and his wife believe Mr. Lin should be denied this waiver. Special Meeting Minutes October 23, 1995 Page 8 Wen Lin/Econo Lodge Public Hearing on Waiver (Cont' d) Public Hearing closed Dwight McLean, 13015 38th Avenue South, Tukwila, employee of Mr. Lin and a member of the Highway 99 Task Force Committee, commented that all Mr. Lin wants to do is tear down an old building and put up a three -story monolith, which is equivalent to many three -story homes in the area. He says the Council's campaign literature promotes cleaning up Hwy 99 businesses as well as residents are saying let's clean up Hwy 99. Mr. McLean posed a question to the Council: "Do you really want to clean up Highway 99, or is this just rhetoric Elizabeth Springer, 13325 Macadam Road South, Tukwila, requested that Council deny Mr. Lin's request for a waiver at this time, especially since the Comp Plan is nearing adoption. Eleanor Smith, 13016 37th Avenue South, affirmed that Mr. Lin wants to be a good citizen, he wants to be a good neighbor. He wants to upgrade his property. He's proposing a solution that has been suggested, and he has waited over a long period of time trying to fulfill all of the requirements that has been brought to him. This is admirable and in spite of his language barriers he has been persistent. She says she felt that Mr. Lin's character had been impinged tonight and she just wanted to speak in his behalf as being an honest and very positive person. Councilmember Hernandez asked was Mr. Lin still conducting an airport parking business in addition to the hotel /motel business. Mr. Lin responded affirmatively. Anna Bernhard, 1424 159th, Tukwila, stated that the City doesn't need anymore motels in Tukwila. There must be something else that can be built there. She says no matter how fancy the building is constructed, the same kind of business will continue to go on. Mayor Rants closed the public hearing at 9:28 p.m. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO DENY THE REQUEST FOR WAIVER TO ORDINANCE #1737 (HWY. 99 MORATORIUM) FOR THE WEN LIN FAMILY/ECONO LODGE.* Special Meeting Minutes October 23, 1995 Page 9 Wen Lin/Econo Lodge Public Hearing on Waiver (Cont' d) Recess 9:35 9:40 p.m. NEW BUSINESS Accept as complete Interurban Trail Phase I REPORTS Councilmember Robertson clarified that the petitions that were presented were not the issue; and in no way did he give credence to the proponents' or the opponents' petitions. Mr. Lin's character is not in question; and that the previous waiver request does not come into play at this time. Robertson stated that the decision to deny the request is based on whether the data presented here tonight support the claim of sufficient hardship. He said the Comprehensive Land Use Plan and Zoning Map is scheduled for adoption the first week in December (about a six -week period). At that time the moratorium will cease to exist. Robertson said as far as he can tell from Mr. Lin's presentation, six (6) weeks will not impact Mr. Lin's small business loan. Councilmember Hernandez commented that she was not convinced either that a six -week time frame would make much difference. Councilmember Haggerton said it just wasn't proven to him that there's an extreme hardship of any nature. He said there's a difference between a hardship and an inconvenience. What we're faced with here is an inconvenience. *MOTION CARRIED TO DENY THE WAIVER. MOVED BY ROBERTSON, SECONDED BY EKBERG, TO REQUEST OF STAFF TO PREPARE FINAL FINDINGS AND CONCLUSIONS FOR ADOPTION AT THE NEXT SCHEDULED REGULAR COUNCIL MEETING. MOTION CARRIED Mayor Rants called the meeting back to order with those present as noted above. MOVED BY DUFFLE, SECONDED BY ROBERTSON, TO ACCEPT AS COMPLETE INTERURBAN TRAIL PHASE I CONTRACT WITH TYDICO CONSTRUCTION, INC. IN THE AMOUNT OF $482,772.91, AND AUTHORIZE RELEASE OF RETAINAGE. MOTION CARRIED. City Administrator McFarland reported that 34 lights have been installed from 157the to 139th (Pacific Hwy South vicinity) on the eastside of the road. City Light is in the process of installing lights Special Meeting Minutes October 23, 1995 Page 10 Reports (font' d) ADJOURNMENT 10:00 p.m.. on the west side of the road. Therefore, there will be much more illumination in that area. He also reported that this Saturday the Way Back Inn group will be dedicating the house on Macadam for homeless families. McFarland asked that Council call his office for further details. MOVED BY DUFFIE, SECONDED BY ROBERTSON, TO ADJOURN THE SPECIAL MEETING. MOTION CARRIED. John Rants, Maygr Celia Square, Deputy L y Clerk