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HomeMy WebLinkAbout1978-10-09 Committee of the Whole MinutesOctober 9, 1978 TUKWILA CITY COUNCIL 7:00 P.M. COMMITTEE OF THE WHOLE MEETING ROLL CALL OF BOHRER, HILL, HARRIS, JOHANSON, SAUL, VAN DUSEN. COUNCIL MEMBERS DISCUSSION M I N U T E S 9.3 City Hall Council Chambers CALL TO ORDER Counil President Van Dusen called the Tukwila City Council Committee of the Whole Meeting to order at 7:10 P.M. APPROVAL OF MINUTES MOVED BY SAUL, SECONDED BY HARRIS,THAT THE MINUTES OF THE SEPTEMBER 25, 1978 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. CARRIED. Prop. Res. amending Councilman Harris said the proposed resolution had come from the Finance provisions of Res. and Personnel Committee. Terry Monaghan, Director of Public Works, 614 as they relate explained the Public Works Department Salary Plan Evaluation, the job to adopted job descriptions and organization chart of the positions listed, on the classification resolution. Councilman Harris said in referring to the building main schedule (from tenance superintendent she had called Auburn, Kent, Renton, and Redmond Finance Personnel regarding similar positions in those cities. None of them have that Committee). exact position. She said Redmond has a senior custodian that might come under that classification. Mr. Monaghan said in checking with the South Central School District they do not have a building maintenance superin- tendent but they have custodian positions. The salary range is $831 to $1031. This position was likened to crew chief which was created at grade level 6. Councilman Johanson said with respect to the building superintendent, this man would work generally on his own. He would make decisions as to what to do and he would have to be able to handle and be a general all- around person. MOVED BY HARRIS, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE ON THE AGENDA OF THE OCTOBER 16, 1978 REGULAR COUNCIL MEETING. CARRIED. Prop. guidelines Kjell Stoknes, OCD Director, said his Department had prepared a report for review of on the proposed guidelines for the City Council review of waivers on the waivers from Ord. City Light property as requested by the City Council at their October 2, 1035 on City Light 1978 meeting. The proposed guidelines are based upon an examination of property presen- goals and policies of the City's Comprehensive Land Use Policy Plan and tation on property the information and disclosures of the environmental impact statement, dev. of City Light prepared for the City Light site in 1976. Fred Satterstrom, Planning property. Supervisor, explained using the information obtained from the EIS, certain mitigating measures may be proposed to reduce the adverse envi- ronmental impacts of development of the City Light site. Using the policy direction of the Comprehensive Land Use Policy Plan, the following guidelines are proposed for review of all applications for development of the City Light site: (1) Surface runoff from paved areas on the site should not be channeled into the pond unless approved water filter de- vices and other measures are implemented in order to maintain suitable water quality for wildlife. (2) Encourage the pond environment to be used by wildlife, particularly waterfowl. In order to accomplish this objective, the following policies should be implemented: a. Separate human access areas from prime feeding and nesting areas (referring to wall map). b. Separate the nesting area from mainland (possibly create an island for nesting purposes). c. Future development should setback from the edge of the pond. Access roads and parking areas should be setback also. d. Sufficient "cover" habitat should be retained in order to provide the waterfowl with escape or hiding places. (Retain tree cover in southwest corner of site.) e. Encourage visual access to pond. f. Monitoring of water quality should be done on a continual basis. Measures must be taken to prevent eutrophication. The pond must be maintained. (3) Discourage the use of trucks as a means of filling the site. Encourage fill to be brought in by rail. A large amount of truck delivering fill material may cause damage to road surfaces and add to traffic congestion and hazard during peak volume period. (4) En- courage the coordinated development of building sites on the City Light property. To accomplish, implement the following: a. Promote shared access points and internal circulation roads, possibly built to City standards and dedicated to the City. b. Encourage a compatible mix of office and retail land uses on the site. c. Review all building and site development plans for compatibility with surrounding developed areas, as well as for compatibility with the objectives of wildlife and waterfowl enhancement. (5) Concentrate grading and fill activities and site development activities which occur on or near the pond during the non winter months of April through October so as to minimize the adverse effects of construction activities on the use of the pond by waterfowl. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 9, 1978 Page 2 DISCUSSION Contd. Prop. guidelines for review of waivers from Ord. 1035 on City Light property presen- tation on property dev. of City Light property. contd. Mr. Satterstrom said the pond was 7 to 10 feet in the deepest part, but mostly 3 feet deep. He said the size of the property is approximately 40.7 acres, size of lake is approximately 15 acres, size of marshlands approximately 10 acres and dry land area 10 acres. Councilman Saul said it is expensive property if you buy 40 acres and can only use 16 acres of it. Mr. Stoknes said he had tried to make the best possible informa- tion available to the Council. Council President Van Dusen said it appears if the property is developed and any fill is put in it will in- terrupt the ecology and perhaps eradicate what is there; no matter what is done it will have a negative impact on the pond. Councilman Bohrer asked what use is made of the neighboring property? Mr. Satterstrom said the property to the east is fully developed, to the west it is un- developed with conditional use to the Doubletree to build high rises. Councilman Johanson asked about the drainage and Mr. Stoknes said all of the drainage goes south. Mr. Satterstrom said if the existing pond remains intact, leaving only 16 acres for development may not allow de- velopment capability to get the amount of money City Light wants to get for the property. He said there are other developments that could be made along the side of the pond (Strander Boulevard) as well as along Andover Park West. Construction could go on simultaneously with the wildlife. Councilman Saul said with respect to Bow Lake, they are de- veloping around it on pilings, without too much fill. Mr. Ross Tunnell, audience, stated he represented investors who would like to bid on the property if they know what they can expect to be able to do with it. He said they had made a visual survey of the property and there is not 16 acres to be used, there is just 13 acres. The property line goes to the middle of the street and that has been counted in the 16 acres. He said there is 38.9 acres of area including the lake which leaves 13.8 acres after the pond is taken out. He said they want to keep the use of the pond but they do not see how they can keep it in its present size. He introduced Bob Sparling, Bellevue, one of the interested investors. He said he was interested in the site, he is in the hotel business and sees a need in this area. He said they had plans drawn up some time ago for a 180 unit motel, offices and other uses. He said it is their opinion there should be a 6 to 8 acre pond and the rest developed property. He said the Planning Department has advised them that with that type of development they would need something like 1240 parking places, that is 9 acres. He said they are handicapped by the lake and what they will have to have in parking. He said they would like to save the pond and the wild life, but not in its present proportion. The beginning bid acceptable to City Light is 2.7 million. He said you cannot bid that much without knowing what can be done with the property. In Bellevue Park, he said, there is a wildlife refuge that has been created with total public access. Mr. Sparling referred to a wall map showing proposed placement of buildings. Councilman Bohrer said he noticed their drawing shows a building over the lake on pilings. He said he questioned what impact this would have on the wild- life. Mr. Sparling said he questioned that this is a wildlife refuge He said they have a variety of wildlife in Bellevue Park in less area. He said the people attract the wildlife because they feed them. Council- man Johanson said it is possible that Seattle Light has set a false criteria on the value of their land. Mr. Sparling showed proposed development maps of the area, stating they planned to develop the swampy area in order to accomplish the 9 acres of parking. Mr. Tunnell said Seattle Light is looking at the entire 40 acres as buildable land. Council President Van Dusen said he thought waterfowl would need some cover area to be attracted to the pond. The guidelines have protected that requirement. Mr. Satterstrom said the guidelines require protectior but they do not say how much. Councilman Harris said she thought if wilc life left during the stage of development they would return after it was completed. She said she felt if the marsh is left it will breed mosquitoes and there must be a dry spot for the wildlife to sit on. She said she realized we cannot expect anyone to buy 40 acres for two million plus dollars and be able to use only 13 acres of it. Councilman Bohrer said he thought the Council should make a decision as to how big the lake should be and how .much land should remain undeveloped, how many buildings might be set out over the water and how much access there should be to the water, and what kind of water level should be maintained. He said the Council needs to say what portion should re- main as it is and what access there should be. He said he thought 1/3 of the site should remain in its natural state. He continued that 1/3 of the site would be 13 acres left in its natural state. Mayor Bauch TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 9, 1978 Page 3 DISCUSSION Contd. Prop. guidelines for review of waivers from 01/2d. 1035 on City Light property presen- tation on property dev. of City Light property contd. RECESS 8:50 9:00 P.M. Campanella Waiver to Ord. 1035 remarked there is nesting on Christensen Trail during the summer. Mr. Tunnell said the southwest corner is a refuge where the birds go. He said he did not see why they could not nest there. He said they would like to build along the streets. The buildings are not going to be so close together that people cannot see the lake. Councilman Saul asked if 1/3 of the land is left for open space and lake and the property does not sell, what would be our alterntives? Deputy City Attorney Larry Hard said if someone does not bid and purchase the property City Light is going to continue the law suit against Tukwila. If Tukwila loses the law suit they will have to buy the property from City Light or allow City Light a fill permit so they can fill it in, which is what they want to do. They will have to come in with an appraised valuation of the land. He said the purchase price of the property originally is not relevant in establishing the present value. Councilman Harris said she did not see how they could be able to make such a profit, consider- ing what they paid for the property and the fact that they have not paid any taxes on it. Deputy City Attorney Hard said he had no guess as to what the court results might be. He said he thought it was good to come up with guidelines for the use of the property. Councilman Bohrer said if the City has to buy the property, we will compete with the developers and make a profit on it, too. Mr. Stoknes said the policy of requiring 1/3 of the property to remain will have to be evaluated by the Council. He said he would like to encourage the Council to consider the alternative to build on pilings rather than fill. Mr. Satterstrom said the type of wildlife on the pond is not the type you can approach. He said this is part of the natural charm of the site. Mr. Tunnell said he believed the ducks would not retain their wildness as people would feed them and they would become tame. He said this had happened in Bellevue Park. Councilman Bohrer said he thought Council should do some homework and row across the lake and see what is there. Councilman Bohrer asked about the size of the site where the City Shops were built and he asked about the pond there. Mr. Stoknes said it is 11 acres and the City Shops are built on 2.5 acres. Councilman Bohrer said the City Light property will be sur- rounded by development. At the shops there is development on two sides and it is open on the other two sides. Councilman Saul said buildings could be built out over the water on pilings. MOVED BY BOHRER, SECONDED BY SAUL, THAT ITEM FIVE OF THE PROPOSED GUIDELINES HAVE SECTION A ADDED AND IT STATE: "PREFERENCE IS GIVEN TO BUILDINGS ON PILINGS RATHER THAN FILL," AND THE FOLLOWING FOUR GUIDE- LINES BE ADDED: (1) APPROXIMATELY ONE -THIRD OF THE SITE REMAIN IN THE NATURAL STATE: (2) THIS NATURAL PORTION BE BASICALLY ON THE SOUTH AND EAST PORTION OF THE SITE AND EXTEND TO ANDOVER PARK WEST: (3) THAT THE NATURAL AREA RETAIN SIGNIFICANT POND PLUS THE NESTING AND COVER AREAS; (4) VISUAL AND PUBLIC ACCESS BE PROVIDED FROM STRANDER AS WELL AS ANDOVER PARK WEST. CARRIED. MOVED BY BOHRER, SECONDED BY SAUL, THAT STAFF DEVELOP WORDING TO THE EFFECT THAT IF THE PROPERTY IS SUBDIVIDED AND SOLD IT WOULD BE A PLANNED UNIT DEVELOPMENT AND REVIEWED AS A WHOLE BEFORE IT CAN BE SOLD. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE GUIDELINES BE ON THE AGENDA OF THE OCTOBER 16, 1978 REGULAR COUNCIL MEETING. CARRIED. MOVED BY HILL, SECONDED BY JOHANSON, THAT THE COMMITTEE OF THE WHOLE MEETING RECESS FOR TEN MINUTES. CARRIED. The Committee of the Whole Meeting was called back to order by Council President Van Dusen, with Council Members present as previously listed. Fred Satterstrom, Planning Supervisor, stated the Planning Commission had reviewed the Campanella waiver application and they recommended to the City Council that the waiver application be denied and the appli- cant be instructed to revise the application to meet criteria before a permit is processed: (1) That a maximum of 53 units be allowed on the subject site with a maximum building size of 4- plexes on the upper bench TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 9, 1978 Page 4 4 .2 dr DISCUSSION Contd. Campanella Waiver and apartment type construction on the low -lying portion. (2) Due to to Ord. 1035 contd. the steepness and possible instability of the slope, that development be located so as to minimize disturbance to the slope. Mr. Mike Sherlock, audience, said he was speaking in behalf of Mr. and Mrs. Grant who own the property. He said Mr. and Mrs. Grant had a prospective buyer (Mr. Campanella). The sale is contingent upon the use Mr. Campanella can make of the property. He said Mr. and Mrs. Grant were told at the time of the Comprehensive Land Use meetings in 1977 that there would be no change in the use they could make of their property. When they filed for a building permit they found it had been downgraded. He said Mr. Campanella had redrawn his plans in an attempt to comply with the Planning Department. He said there is one house to the north of the property and the Terrace Apartments behind it. He said he would like the Council to consider a waiver in favor of the Grants to change the upper portion to high density. It had been high density and was changed to medium density. Mr. Felix Campanella, architect and developer, explained they had worked with the recommendations of the Staff and the Planning Commis- sion and had come up with 16 units on one ledge and 37 units on the other. He said they would like to have the upper part of the property zoned high density so they could have 60 units on the property. He said all of the parking can be provided down below. Councilman Hill asked how many stories in the bottom buildings. Mr. Campanella said there are two levels, it is a townhouse concept. Councilman Saul asked about the degree of the slope and Mr. Campanella said it is probably 2 per cent slope. Council President Van Dusen asked if this new plan would meet the recommendations of the Planning Commission. Kjell Stoknes, Director of OCD, said it could with the exception of the three additional units. Fred Satterstrom, Planning Supervisor, said he did not know what the grading profile would look like on this new plan. Mr. Stoknes said he recommended if Council agrees with the recommendations of the Planning Commission they adopt this report and if the applicant makes the development consistent with the report a waiver would not be required. Mr. Sherlock, audience, said he thought the Council should look at the upper portion and change it to high density. He said Mr. Grant could have objected at the time of the Comprehensive Land Use hearings if he had known there was going to be a change. He said he had been told the Comprehensive Plan would end up as zoning. He said in downgrading the property the Grants have lost a lot of money. He said Mr. Campanella has tried to come up with what the Council wants. Mr. Campanella said the Terrace Apartmenta are built 35 units per acre and their plan shows 27 units per acre on the bottom. Councilman Hill said Terrace Apartments were built some time ago and that density would not be permitted at the present time. Mr. Campanella said they suggested moving three units from the upper to the lower level. Councilman Harris asked if this would conform to the amount of open space required? Mr. Stoknes said he recommended the Council take action on the original application for 60 unit concept as well as consider the report and adopt the report so the applicant can use this as a guide. He continued that if the Council agrees with the report and Mr. Camp- anella conforms, he will need only a building permit. Mr. Sherlock, audience, asked if there is any way the Comprehensive Land Use Plan could be changed so high density zoning could be put in on the upper part of the property. Mayor Bauch said it would be a long drawn out procedure, it would take public hearings, etc. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THE SIXTY UNIT WAIVER APPLICATION TO ORDINANCE 1035 BY CAMPANELLA BE ON THE AGENDA OF THE OCTOBER 16, 1978 REGULAR COUNCIL MEETING. CARRIED. Mayor Bauch said he would like to work with these applicants this week and see if the waiver in question can be brought to rest in a manner that is satisfactory to all parties. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 9, 1978 Page 5 PUBLIC HEARING Final Assessment Roll LID 25 t7 Council President Van Dusen declared the Public Hearing open at 10:00 p.m. He noted that King County had entered a protest of LID 25 assessment. Thomas Wolfendale, Deputy Prosecuting Attorney, stated the initial protest outlined the areas of protest. He gave a brief history of the LID stating when the LID was proposed in 1974 the total cost was to be approximately $197,000. In January 1975 after three unsuccess- ful attempts at bidding, it was finally let for the sum of $255,000. Today the costs total over $500,000. He said they believed, as outlined in the protest, that this is due to situations that have evolved since the LID bid was let. He said the following represent areas of dispute which can be specifically pointed to in the LID assess ment sheet: (1) Legal fees. (2) Land acquisition costs. (3) In- terim financing of LID during injunction and negotiations of protest. (4) Utility bills during injunction. (5) Removal of the King County requested berm. He said in addition there is one other area of more general concern. It is the loss to the citizens of King County, in- cluding the citizens of Tukwila, of use of the park project during the injunction which is, monetarily, most accurately reflected by the in- terest which continued to run upon the Forward Thrust bond during the injunction. In other words, the public paid interest on a park which they could not use. He said the legal fees relate to an inverse condemnation suit brought by Duane Wells, property owner, against the City of Tukwila. This action was commenced as a result of the City not acquiring the proper interest in property prior to the commen- cement of paving and constructing the LID on Mr. Wells' property. He said with respect to the land acquisition, the property could and should have been acquired in 1975 at the time of the approval of the LID. Property values increased by at least 10% per year that this acquisition was delayed. The acquisition cost of $65,000 represents a continuing increase over a period of two years resulting in costs highly in excess of what they would have been. With respect to in- terim financing of the LID, during the period of the injunction King County continued to incur interest costs which would be assessed against them. This is during a period of time when not only the LID was useless to King County and Mr. Fiorito, but also during a period of time when interest was running on the bonds for the Fort Dent park. Regarding the utility bills, this property was to be turned over for maintenance and payment of utility costs to the City of Seattle upon its completion by King County. This was not possible until the injunc- tion was lifted against the park. As a consequence these utility bills were incurred by King County and they represent a diminished benefit to King County of the project. Regarding the removal of the berm, in order that the inverse action could be settled against Tukwila and the citizens of King County could have access to their park King County agreed that a berm previously landscaped in could be removed. The cost of this berm continues to appear in the LID tabulation and rep- resents absolutely no tangible benefits received by King County be- cause of the necessity to use this item as a trade -off in the settle- ment of the inverse condemnation case. He continued that due to the land acquisition problems, the newly completed park was locked by injunction from August 1976 to May 1977. Taxpayers of King County during this period of time paid bond interest on a 2.4 millions dollar! investment for approximately 8 months for which no benefit was de- rived. At 6% interest this amounts to $96,000. He said in conclusion Tukwila should adopt a fair and equitable assessment and accordingly reduce King County's assessment. Councilman Bohrer said the construc- tion of the park is not noted in the LID chronology does not state the various milestones in the construction of the park. He said it was started February 13, 1975. Councilman Harris stated with respect to the Wells lawsuit, construction was started before he owned the property. Councilman Bohrer asked Mr. Wolfendale if he felt the land acquisition is an appropriate cost of the LID? Mr. Wolfendale said the City has the right to condemn property. He said the County was not asking for a zero bill. Councilman Harris said the County agreed with the land acquisition cost, but they disagree with the amount. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 9, 1978 Page 6 PUBLIC HEARING Contd. Final Assessment Roll LID 25 contd. Prop. Res. -1979 priorities relating to H &CD Block Grant Prop. Res. interfund loan between Land Acquisition, Bldg. Dev. Fund City Hall G.O. Bonds Debt Service Fund Prop. Ord. amending Sec. 2, Ord. 1050 Clarification of position re requirement for appraisal sale of vacated streets Surplusing Finance Trlr Police Sta. Building OTHER ADJOURNMENT 11:05 P.M. .?a ere Mr. Paul Cressman, attorney for Mr. Fiorito, said in the beginning of the LID it was anticipated that Mr. Fiorito would pay some two thirds of the total bill and the County one third. This would mean that originally Mr. Fiorito was looking at some seven to eight thous- and dollars per acre for his 17.2 acres which now turns out to be $19,000 per acre for his assessment. Mr. Fiorito donated an easement for the road through Puget Power which Mr.' Wells later bought. This was donated so the access could be made to the park. The piece of land represents 70 to 80% of all Mr. Wells owns along Interurban. He said Mr. Fiorito objected to the amount of the assessment and he hoped they would be able to resolve the matter. Mr. Cresswell said Mr. Fiorito would consider a 20% reduction in his assessment, which would be $100,000 from $325,000, leaving $225,000. Councilman Bohrer said the sum of the King County and Fiorito reduction would be $214,000. Mr. Cressman said it is one thing to agree to pay two thirds of the cost when it is a small sum. Councilman Bohrer said when the bid was obtained for $254,000 Mr. Fiorito was probably aware that was for construction and there would be other costs associated with the LID. Mr.Cresswell said he was not sure about that. He continued there was the increase in construction, then the delays started and the law suit. Councilman Harris said she wanted to confirm that Don Koll, also the County, sent letters to Steven Hall, then the Public Works Director, in December 1974 asking for rebids and stating they wanted the LID to proceed. Council President Van Dusen declared the Public Hearing closed at 10:55 P.M. MOVED BY HILL, SECONDED BY HARRIS, THAT FOLLOWING ITEMS 7, 8, 9, AND 10 BE ON THE AGENDA OF THE OCTOBER 16, 1978 REGULAR MEETING. CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT DISCUSSION CONCERNING THE SUR- PLUSING OF THE FINANCE TRAILER AND POLICE STATION BUILDING BE ON THE AGENDA OF THE OCTOBER 23, 1978 COMMITTEE OF THE WHOLE MEETING. CARRIED. Mayor Bauch requested an Executive Session be held at the next Regular Council Meeting on October 16, 1978 so the Deputy City Attorney will know the desires of the Council in this matter. Councilman Saul stated when he calls the various offices at City Hall the phone rings and no one answers, then he has to place the call through the reception desk. Mayor Bauch said people cannot be tied to their desks. He said Staff was aware of the problem and they have discussed it in Staff Meeting. MOVED BY SAUL, SECONDED BY HILL, THAT THE COMMITTEE OF THE WHOLE MEETING ADJOURN. CARRIED. Gary an Dusen, City Couny President Norma- Booher, Recording Secretary