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HomeMy WebLinkAbout1980-10-13 Committee of the Whole MinutesOctober 13, 1980 7:00 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS APPROVAL OF MINUTES AUDIENCE COMMENTS Tukwila Friends of the Library PUBLIC HEARING Petition for Street Vacation requested by Delores M. Magruder, et al, portion of S. 139th St. adja- cent to Lot 11, Block 3 in Hill- mans Seattle Gar- den Tracts. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE MINUTES OF THE SEPTEMBER 22, 1980 COMMITTEE OF THE WHOLE MEETING BE APPROVED AS PUBLISHED. MOTION CARRIED. TUKWILA CITY COUNCIL City Hall COMMITTEE OF THE WHOLE MEETING Council Chambers M I N U T E S Council President Saul called the Tukwila City Council Committee of the Whole Meeting to order. L. C. BOHRER, GEORGE D. HILL, DORIS E. PHELPS, Council President DANIEL J. SAUL, GARY L. VAN DUSEN. Wendy Morgan, representing the Tukwila Friends of the Library, invited all to the next meeting of the Friends of the Library to be held Thursday, October 16, 1980 at 7:30 p.m. in the Fire Department Training Room. She reported that 530 different people have made use of the library; 20 to 25 citizens use the library during an 8 -hour shift. Council President Saul declared the Public Hearing open at 7:03 p.m. Don Moody, Moody's Real Estate, said the reason for the street vacation request is to extend into the property and split the western part of the property. He said it is his understanding that the City would like to keep the street because of the utilities. He said his clients had no prolem in leaving the utilities and granting them back to the City. His clients can landscape over them. As long as there is a street there it limits the use of the property and takes it off the tax roll. The street will never go anywhere. His clients would like to purchase the property from the City and put it back on the tax roll. They would like to give an easement to the City on the utilities. Councilman Bohrer said in the Staff Report the City Engineer has said that upon finding a City water line and storm drain conduit located within the proposed vacation area, it has been recommended that the petition be denied, as it represents a potential long -range utility main gyan&� conflict. The Public Works Director feels that the easemen /insure, adequate maintenance access, since the ease- ment could be covered with valuable plantings or other non- structural amenities by the acquiring party. Disturbance of the vacated area for utility maintenance could cause ill will toward the City and result in maintenance delays. The City's interests would be best served by retaining title to South 139th Street. Mr. Moody said he was sure all of the problems could be solved by making access available to the City. Councilman Bohrer asked what the property would be used for? Mr. Moody said they would like to ask for a C -1 zone on the property and put their office on 1/4 of the property and build more office space for other people as it is required. The street extending into the property presents a problem. Councilman Bohrer asked if the vacated street would be used as a parking lot or for landscaping. Mr. Mood said it would be for landscaping as opposed to parking. Councilman Hill asked for the location of the utilities. Ted Uomoto, Director of Public Works, said he did not recall the exact location, but the utilities are within the right -of -way and go up the hill. Mr. Moody said their survey showed the utilities to be within the south 10 feet of the right -of -way. Councilman Bohrer asked Mr. Moody the extent of their holdings in the area. Mr. Moody said that is the only piece of property they are proposing to develop at this time. He said they were proposing to short plat at the present time, the northeast one fourth of the property for their office building, which would be about 5,000 square feet and another building has been proposed, but is still in the planning state. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 13, 1980 Page 2 PUBLIC HEARING Contd. Petition for Street Vacation requested by Delores M. Magruder, et al, portion of S. 139th St. adjacent to Lot 11, Block 3 in Hillman's Seattle Garden Tracts contd. PUBLIC MEETING Prop. Water rate increase prop. Ord. increasing rates for metered water repealing Ord. #1144, Sec. 1, Ord. #914. There being no further comments from the public, Council President Saul declared the Public Hearing closed at 7:10 p.m. Councilman Van Dusen said it is his understanding if the City vacates one -half will go to the Campanella development. Mr. Moody said this has been discussed with the Magruders and they believe they have the sliver of property where the property joins. The attorney is of the opinion that it will be noncontested by Mr. Campanella. Councilman Van Dusen said utilities located on easements sometimes have structures developed on them and it is not caught at the time of permit. When a problem arises the structures are over the utilities, even fences have caused difficulties when it has come time to maintain the utilities. MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE PETITION FOR STREET VACATION REQUESTED BY DELORES M. MAGRUDER, ET AL, PORTION OF SOUTH 139TH STREET ADJACENT TO LOT 11, BLOCK 3, IN HILLMANS SEATTLE GARDEN TRACTS BE ON THE AGENDA OF THE OCTOBER 20, 1980 REGULAR COUNCIL MEETING. Councilman Hill said he would like the Public Works Director to locate the utilities and have them staked out so the matter can be considered at the Public Works Committee meeting. He said he would hate to have to take up a concrete driveway to get to the utilities. Dwayne Traynor, audience, said if there is an easement he would suggest that only landscaping be permitted on top of the utilities. Councilman Hill said if the landscaping is a rock garden it could be pretty hard to get to the utilities. *MOTION CARRIED. Council President Saul declared the Public Meeting open at 7:20 p.m. John McFarland, Administrative Assistant, said the City of Tukwila buys water from Seattle and then sells it to the citizens. The City of Seattle has raised their rates and the City of Tukwila will have to pass the raise on to the water users. We have been notified the increase is to be 35 Dwayne Traynor, audience, said the increased rates would be in excess of the 35% increase by Seattle. He said he realized the price in meters has increased, but this is still a far cry from the amount of the increase that is being passed on to Tukwila residents. Mayor Todd said the rate increase is intended to take care of the current water and sewer study which may increase or decrease the amount of the charge. Mr. Traynor said the rates can always be raised, but it is difficult to lower them. Council President Saul said the raise will take place November 1. The minimum rates on the 3/4 inch meter using 500 cubic feet of water or less will be raised from $4.00 to $5.40. There being no further comments from the public, Council President Saul declared the Public Meeting closed at 8:30 p.m. Ted Uomoto, Public Works Director, said the City is paying about $3,000 per month in surcharge. This is determined from three months consumption during June, July, and August using 10 day peak. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 13, 1980 Page 3 PUBLIC MEETING Contd. Prop. water rate increase prop. Ord. increasing rates for metered water repealing Ord. #1144, Sec. 1, Ord. #914. contd. DISCUSSION Final Assessment Roll for LID #29 Prop. Ord. approving confirming the assessment assessment roll of LID #29. Council President Saul suggested that by the next meeting the Council have information as to the cost of water per square foot. Mr. Uomoto said this information could be obtained. He said the consultants say the study will be over in about one month, and they could have the water rate information by that time. Councilman Van Dusen said perhaps the City does not have to increase the rates so much. When the study is completed it may be necessary to make another change. Councilman Bohrer computed the cost of the water before and after the rate increase. He said if there are other charges that are being included, the City Council should know about them. He said he knew the City paid a surcharge, but he did not know the magnitude of it. He thought the surcharge was about $1,000 monthly. He said he thought the City Council should consider the increase of the water rates by the increase that Seattle has imposed on the City, at least until the rate study is complete. Mayor Todd said the cost of the water does not constitute the entire cost of providing water. There are many things that have to be taken into consideration. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE MINIMUM CHARGE ON THE 3/4 INCH METER BE $4.50 AND EACH OF THE REST OF THE RATES BE COMPUTED ACCORDINGLY AS AN INTERIM MEASURE AND IT BE ON THE AGENDA OF THE OCTOBER 20, 1980 REGULAR COUNCIL MEETING. Ted Uomoto, Public Works Director, said there are many things involved and it is hard to perceive what might be a fair rate. MOVED BY BOHRER, SECONDED BY PHELPS, TO AMEND THE MOTION AND INCREASE THE CURRENT WATER RATES BY THE AMOUNT OF THE INCREASE OF THE WATER WE ARE BUYING FROM SEATTLE. MOTION CARRIED, WITH HILL AND VAN DUSEN VOTING NO. *MOTION CARRIED, AS AMENDED. Mr. Uomoto said the surcharge rate of $3,000 monthly will remain the same until January 1, 1981. Nancy Scharf, 15388 62nd Avenue South, Tukwila, said she was happy the City had allowed the 30 day review period. The people at Cottage Creek have studied the contract and all of the change orders that they could find. It looks like nothing illegal is proposed in the final estimate, but they did have some comments to make and questions they would like answered. One of the things that has been found is that there have been some changes in the Public Works Department and the plans for LID 29 have been around for awhile. They have been red lined, or were red lined, and that is what the preliminary assessment for Cottage Creek, around $76,000, was based. However, the final plans, or at least the final contract was based on the working plans which included the higher assessment. That is one of their concerns. Some of the items for discussion were brought up at the meeting last month. They still feel that the exemption of the single family participation in these improvements is not justified. It is certainly not the policy of any other jurisdiction. It is nice to know that the City of Tukwila is the leader of samarious actions. We have noted also that two or three people who do work for the City directly benefitted from Contracts 79 -03. One of the differences that was brought up was that the City has a policy of not assessing single family residential for maintenance or the 6 year program. They have found that in most areas maintenance of roads, perhaps the resurfacing or replacing the light pole is a standard improvement that is paid for out of the maintenance fund but not significant improvements such as adding sidewalks, adding street lights, etc. Some of these questions they would like answers to. One of them is, is there a comparable increase between LID 29 and Contract 79 -03? TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 13, 1980 Page 4 DISCUSSION Contd. Final Assessment Roll for LID #29 Prop. Ord. approving confirming the assessment assessment roll of LID #29 contd. Ms. Scharf said the contractors let LID 29 and Contract 79 -03 which is for the work the City paid for on the single family residential. LID 29 experienced a 28% increase. Did Contract 79 -03 have a 28% over -run? Garth Anderson, Jones and Associates, said he did not know the cont- ract cost, the contract portion, it was based on the same unit prices, so insofar as the cost increases it would occur because the costs were different than were estimated yes. The only difference would be the actual measurement of change orders. It is not an exact parallel, because the costs were kept separate. Change Order 1 would apply to one place and Change Order X to a different it would depend on what the purpose of that change order was. Some of the change orders were affecting the LID, some were only affecting the street portion and some affected both. Where they affected one individually they were kept separated, where they affected both they were prorated. Ms. Scharf said the change orders she has were applicable to LID 29. The final amount shown in the increase shows $387,000, total final construction costs show $399,000. There is about a $12,000 difference. It is a question that still remains. We also noted that the total construction estimate and final construction costs increased by 28 preliminary engineering estimate and final engineering estimate increased by 45 In discussions with other municipalities and engineering firms it is indicated that a 10 to 12% cost of total construction is usual. The largest amount found anywhere was King County and that was 20% being excessive and that included a new street cost. LID 29 total engineering fees represent 27% of the final construction costs. We feel that is excessive. As far as the actual construction, the following areas are questioned, Section 4 -1.05 Changed Conditions, the last sentence states that no additional compensation will be allowed for cribbing,sheet piling, dewatering and /or other construction methods or procedures which may be necessary to complete the project and additional compensation therefor will not be allowed." A major increase in quantity is reflected in Change Order revised in Item 38 C with a net increase of $23,404. Not only does this appear to be an after the fact change order, but in direct conflict with the provisions of the above paragraph. The change order does not provide justification for this item if the rock was used for maintaining the road. We can find no provisions in the contract which state the contractor shall receive additional compensation for this item. Change Order 4 changes in the scope of the water system for City of Tukwila for $14,000 charge, there is no justification for requiring this change. It appears to be beyond the scope of the whole work. Change Orders 7 and 10 contract calls for relocating. Although the contract does allow for minor items to be added or called out in the directed change orders. These two items amount of $1400 and some odd dollars and there is a $700 increase there. If we understand this correctly, this was an expensive oversight. Change Order 11 in the amount of $5,756 and 17 in the amount of approximately $3,900 reflect improvements to specific properties. When the people of Cottage Creek asked for the original grade to be replaced it has been increased by about 2 feet and it is impossible to get out of there in the winter. We were told it would cost approximately $600 or $3,000 to have that grade restored to what it was before the road was put in. Cottage Creek did something that we know nothing about, Cottage Creek is being assessed on all 3 sides, some live on one side and do not have any assessment benefits. Cottage Creek has only 48 people living in it. They do not seem to be adding a considerable amount of traffic load. It does not seem reasonable that this scope of that project was assigned to Cottage Creek, it was a small area when the LID was proposed. Another item is the interest. The total doubled, but the LID did not, and I do not think there could have been a higher interest time. Mayor Todd stated the LID was formed and the City borrowed the money from which to use funds to pay for the improvements. He said he did not know the interest rate at that time. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 13, 1980 Page 5 DISCUSSION Contd. Final Assessment Roll for LID #29 Prop. Ord. approving confirming the assessment assessment roll of LID #29 contd. c Ms. Scharf said the people at Cottage Creek had been given to understand there would be an increase. The rock that was brought in, the change order does not show. She said she would like to know how many dollars this change represented. The grade at the top of the hill was lowered and it was at considerable cost. She said she could not account for $12,000, maybe that was it. There was a change in the scope of the work, if there was going to be a change that would make a significant dollar amount the people should have been contacted. This should not havebeen allowed without participation from the people paying for it. In the contract there are documents, some of which are called Licenses to Construct. Affiliated American Sign, License to Construct, on July 30, 1979. At that time Affiliated American owned 4% of the property at that time. Councilman Saul asked what the question was? Ms. Scharf said the Licenses to Construct, which is part of the contract signed in July 1979 by Affiliated American who owned property at that time. Larry Hard, City Attorney, said he thought what had happened if that the City relies on the King County Assessor's records and the information given by the Assessor. Ms. Scharf said they live about 50 feet away and at least 95% of the units were occupied at that time. It is a minor point. The legal costs she would like to know why the overage was almost three times more than the estimate, which was $5,000. Larry Hard, City Attorney, said for LID work they charge by the hour, when it was started it was based on the estimate that there wasn't going to be extra hours involved and it turned out, starting in February of 1978, that there were lots of meetings with the City staff, contractor, engineering staff, and lots of work was involved. Ms. Scharf said the West Coast Construction contract stated that no work would be paid for until the change order had been approved by the City. She notes that some change orders were signed anywhere from six to seven months after they were presented by the contractor. She said they feel the above instances indicate irregularities in enough areas, either through poor management and /or engineering, to warrant further review by the Council, before passing the current ordinance. She said they respectuflly request reconsideration of the planned assessment now before the Council. Councilman Bohrer said the City Council has already been through this in some detail in a number of sessions. What is the objec- tive of the Council going through it again? Ms. Scharf said they felt that some of the change orders, or the contractors changed enough to create and increase costs of which they were not made aware, and that the 30% increase in cost was not justifiable. Even with the City picking up some of the dollars some of the changes that were made are just not anything that they in Cottage Creek would have allowed. They would not have voted for them. Someone might not have a sidewalk because he did not want to pay for it. If there are some changes we could not have asked for we would have done so. Some of the changes the interest, the legal fees, the engineering fees, we have probably already paid them, she thought they were excessive. She said she had talked to people in other jurisdic- tions and they say if they passed those charges along to their constituents they would be lynched. It is customary in most jurisdictions not to pass on more than 10 If they could achieve that then they would think that they were treated just like the rest of the world. It is customary in other jurisdic- tions for them to pick up the overages. Since they had no input TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 13, 1980 Page 6 DISCUSSION Contd. Final Assessment Roll for LID #29 prop. Ord. approving confirming the assessment assessmentroll of LID #29 contd. tom- 5 into these overages, they would like to follow the experience of people who have been doing LIDs for a long time. Mayor Todd said if he can answer any questions he would be happy to, he said he had been waiting months to hear something from someone and no one has come down and said anything. Larry Hard, City Attorney, said regarding the legal fees, they used to use a percentage of the cost in computing the legal fees for LIDs, 3% of the cost of the LID. We have gone to the hourly rate. If they had used the percentage rate the legal fees would have been more; at the hourly rate they are less. Most jurisdictions still use the percentage rate. Mayor Todd said he had presented an offer for relief for certain people. He said he would solicit the Council consideration of this at this time. Councilman Van Dusen said the 28% overrun is unusual. The Council started realizing this somewhere during the first of the year and they did enter into a period of intense investi- gation and negotiation as to why, the Council has been through it, how this happened and who approved it. There were some costs that were debatable as to how they came about. They could have said, "West Coast, you are going to have to pick up the cost "and it would have resulted in lawsuits which would have boosted up the cost. He said his understanding was that Cottage Creek feels the City should pick up the total 18% over- run out of current funds. How would that lower the assessment? Ms..Scharf said they were estimating $750 and the 10% increase would make it $825. Mayor Todd said his letter alludes to the City picking up everything over 10% and charge property owners accordingly, excluding those who would not benefit from the LID. Councilman Bohrer said the original preliminary estimate on the LID was $417,900, if you add 10% that would be $459.690, the actual cost was $531,950, minus the City's $50,000 participation and minus a $4611.38 assessment to the City, so subtracting the $459,690 the result would be $72,270 that the City would have to pay. Councilman Bohrer said he would like to ask a question of Mr. Anderson. The plans that were red lined, would he go through the sequence and what the contracts were and at what time the City had a final set of plans that the contractor could use. His recollection was that at one time we did not have a complete set of plans. Some changes were made and then we proceeded. The preliminary estimates have been quoted. Where is the base point for this LID? Garth Anderson, Jones and Associates, said the preliminary design on which an estimate was done for the LID resulted in an assessment roll of about $540,000. That was the first assessment roll. Some cost reduction were made. He said he did not know what Ms. Scharf was referring to as "red lined plan" but the sequence went something like this. When the design plans were finished on the revised scope of work which was the estimate they were working with, they were sent to the City for review. The plans were red lined by the City, with the changes that the staff desired to have made. Those plans went to the Public Works Department to the utilities, water deparment. The final plans that were drawn were advertised for bid and were a reflection of the red lined plans that the City staff marked up with one excep- tion. The exception was the water line replacement. We missed signals somewhere and did not get that in the plans. The red lined plans were probably the check prints and the final plans that were used by the contractor would have been a set of plans that looked like the red lirect plans, with the red marked changes TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 13, 1980 Page 7 DISCUSSION Contd. Final Assessment Roll for LID #29 prop. Ord. approving confirming the assessment assessment roll of LID #29 contd. made, with that one exception. What the contractor bid on was reflected in the assessment roll of $417,900. The changes that were made between then and now were not reflected on those plans. They came up during construction. Councilman Bohrer said when the City let the contract for this LID the estimated cost was $417,900. We finally got a set of plans that Mr. Anderson and the City agreed on, after we did that and got the bid the estimate on the contract was what? RECESS MOVED BY BOHRER, SECONDED BY HILL, THAT THE COMMITEE OF THE 8:45 P.M. 8:55 P.M. WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. The Meeting was called back to order by Council President Saul with Council Members present as previously listed. Mr. Anderson said the amount of the LID at that time would have been higher than the assessment roll. The first column indicates the estimates that were used to arrive at the assessment roll of $417,900. The estimate construction cost was $280,00. Mr. Anderson said the preliminary estimate of construction cost was $280,730, at the time the bids were opened and the contract was let, assuming no contingency, no nothing else, the construction costs were known to be $322,291. At that time the known total cost of the project was $487,091, so it was not possible that the project without any change orders could be done for less than $487,000. The difference between that column and the next one are the cost increases that occurred during the time of construc- tion. Without regard to whom errored it was known at the time of the contract that the assessment roll was going to be exceeded. It was not possible to build that project for $417,000. Councilman Bohrer asked what constitutes the preliminary estimate and how is that arrived at? Mr. Anderson said that is done before the design is complete because at the time the City is risking funds so the cost is done by estimated cost because you do not have a set of plans. It would cost about $30,000 to have a set of plan. Councilman Bohrer said it is something like you want a house built having 2,000 quare feet and the contractor says he can build it for an approximate sum, but after the blueprints are made up and all of the things you want are put in, the contractor says it will cost more. Mr. Anderson said that was a good analogy. Ms. Scharf said she thought the percentage increase was out of line. The LID should have gone up for another vote. Councilman Van Dusen said in going through the minutes of the preliminary hearings, the Council rejected some bid contracts for the LID and went out to bid again. Costs were escalating. Councilman Bohrer asked the date of the preliminary estimate. Mr. Anderson said it was November 28, 1979, the final costs were $582,010 minus the $50,000 paid by the City which left a total of $531,950. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE AS ORIGINALLY DRAWN UP BE ON THE AGENDA OF THE OCTOBER 20, 1980 REGULAR COUNCIL MEETING. Councilman Van Dusen asked if the Council wanted to take action on the Mayor's letter and his suggestion that the Cato property be eliminated as not benefitting from the LID. Larry Hard, City Attorney, said the City could pay the difference if they eliminated the Cato property and then if the zoning were changed from single family a new owner would have to be assessed for the LID by a late comer's agreement. *MOTION CARRIED. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 13, 1980 Page 8 DISCUSSION Contd. RECESS 9:30 9:40 P.M. Sunwood (Park Place) Development prop. Ord. amending Sections 2(c) (g) on Ord. #1071. 02 rWY MOVED BY VAN DUSEN, SECONDED BY HILL, THAT THE COMMITTEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. The meeting was called back to order by Council President Saul with Council Members present as previously listed. Larry Hard, City Attorney, said the new proposed Section 6 to Ordinance No. 1071 is intended to assure the Council there will be no breach of agreement. It is designed to give the City some rights in case of violation of any of the conditions speci- fied in the ordinance. If the City feels there is something that has been done wrong they give written notice of the condition to the developer. The developer shall have 90 days from the receipt of notice to remedy the violation in the manner prescribed, otherwise there will be a damage fine to complete the violation. It is a lever the City would have. Councilman Bohrer said on September 22 he asked if there was a form for grading and fill permits. The reply was that there is a standard building form that is used for grading /fill permits. Applications are reviewed by the Public Works, Planning, and Building Departments. No formal permit was issued and it was not reviewed by any other staff member. There is just a note at the bottom of the letter stating the site is approved for storage of excess fill, without permit. George Grassovich, attorney for Townhouse Builders, said it was not known that a fill permit was required. He said there are several areas of concern, they are prepared to discuss the areas and solve the problems. Councilman Bohrer said the Council saw the letter at the time it was presented to the Building Official. It came to the City Council for approval. It was sent to the Public Safety Committee and before they could discuss it, Townhouse Builders were given approval. There was a second letter on June 3 requesting the fill permit, on June 4 a formal request was made to the Council to relocate the firelane. On June 9 the Council considered the request and referred it to the Public Safety Committee for action. Mayor Todd said he thought the record should show the lines of authority. The request was for a permit to store material. He said he did not know about that at the time. Don Dally, 1370 Stewart Street, Seattle, said he had attempted to prepare an outline for information to reconstruct the status of the development particularly the relocation of the firelane. The sequence of events were: In August 1978 Park Place rezone was approved; October 1978 lot plat site filed; December 1978 and January 1979 the preliminary plat was approved; February 1979 six lot plat approved by Council; March 1979 Pacific Town- house Builders decided to hold development until more information was received on the lot conditions, etc; August 1979 showed there were several problems with development as shown to the Council because (1) topographical conditions and soil problems; (2) lot conditions would make cuts; (3) firelane location would make lots 2 and 3 very difficult to sell; (4) cul -de -sac road would require considerable fill to keep the firelane at 15 20% slope; street development would cost more. In November 1979 it was decided if the firelane could be moved to the north it would be desirable. In December 1979 Kjell Stoknes, then Director of Community Development,felt the firelane should be moved. He said the relocation of the firelane did not change anything in the requirements. December 1979 to April 1980, study and explore ways of solving problems associated with the plat and look for alternatives. The consensus of opinion was that the City would accept two lots as an open space for City for a park. In May 1980 during construction of Phase I Pacific Townhouse Builders had approximately 10,000 cubic yards of excess soil which would be needed for fill on the firelane of the single family development. They had to store this excess soil somewhere TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 13, 1980 Page 9 DISCUSSION Contd. Sunwood (Park Place) Development prop. Ord. amending Sections 2(c) (g) on Ord. #1071. contd. 02 i 7 Y/ for use later. On May 28, 1980 met with City officials (Mayor Todd, Ted Uomoto, Phil Fraser, and ex- partner) in Mayor's office to discuss the problem. They agreed they should be able to store the sod. One June 2, 1980 he discussed this with Al Pieper and he said he wanted a letter outlining what they wanted to do. On June 3, 1980 the letter was written and Al Pieper gave approval after Mark Caughey, Acting Planning Director, had looked at the letter and agreed. June 10, 1980 Pacific Townhouse Builders started dumping fill dirt. No one supervised this operation and as a result the area at the top of the firelane was made wider than indicated in the diagram that accompanied the letter. On June 24, 1980 Mayor Todd asked the builder to stop as City Council was concerned. They agreed and stopped. In July 1980 since the original preliminary plat had expired and they had not reached a settle- ment with the ex- partner they felt it necessary to replat the 6 lot plat with the firelane located at the north with the Planning Commission approval. On August 28, 1980 the Planning Commission approved the 6 lot plat and firelane relocation with the condition that the Fire Chief would approve the grade. Also, the Planning Commission approved the 12 month extension. He said they felt they had done everything they could to cooperate. They believe Sunwood will be a high quality develop- ment that the City will be proud of. They have a problem with the firelane relocation and it is hoped that we can work this out with the City staff. David Hanelin, engineering architect, showed drawings of the Phase II development. He stated there are areas where the under- growth has been removed. There is a general green area space. There has been some removal of specimen trees, they have been counted and will be replaced when the landscaping is provided. He showed the area that had been used for dirt storage and the area where they had cleared beyond the proposal. Councilman Van Dusen asked when the firelane was proposed to be moved to the northern boundary was it suggested to be 15 Mr. Hanelin said it is a 20% grade. Fire Marshal Hoel said a pumper can go up a 20% grade, but not in bad weather. A 15% grade is what is used in most municipalities. Mr. Dally said they would like to show some of the things they propose to do and how the developments will look after the landscaping is done. The landscaping has been approved by the Planning Commission. Dick Gilroy, Townhouse Builders, showed slides of other developments they have built. Councilman Bohrer said he had asked for grading plans for the new firelane. The statement was made in the review and discussion of events that the Planning Department was contacted regarding the fill movement. Mark Caughey, Planning Department Acting Director, has said he did not know about them. There are references made to statements of employees who are no longer here. Approvals are still required, and that approval was not granted. If it had been most of the problems would have been resolved. The Council wants to know who in the City is respon- sible for this. How did the City determine to handle this particular project? Most of the approvals have come through the Planning Department, whereas the approval for the fill permit came from the Building Department. This problem is apt to rise again. The time has expired on Ordinance 1071 and unless it is amended a complete review is necessary. He said he would like to know that we have the kind of a process that will lead the City to the kind of a development that we want. The original motion was passed in some haste and there were a number of loose ends. He said he would like to see the City and the developers get on a common ground. TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING October 13, 1980 Page 10 DISCUSSION Contd. Sunwood (Park Place) Development prop. Ord. amending Sections 2(c) (g) on Ord. 1071 contd. OTHER Sister City Metro rates ADJOURNMENT 11:55 P.M. Mr. Grassovich, attorney, said they would like that, too. There are three areas: (1) growth protection; (2) location of the firelane, grading, etc.; (3) single family plat, they are willing to dedicate some area as open space. In order to accomplish this it is necessary to have an extension of Ordinance 1071; preliminary plat approval for the single family lots; be able to obtain building permits for Phase II. This is necessary for the financing of the project. Councilman Van Dusen said there are several problem areas. He suggested an ad hoc committee be formed to review the sequence of events and try to work out the problems with the developer before the next Council Meeting. Mr. Grassovich, attorney, said the rainy season is approaching with reference to the single family housing. Mr. Hanilen said he liked the idea of the ad hoc committee and he would be able to meet with Council during the week. Council President Saul appointed Councilman Hill and Van Dusen to be on the committee. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT ITEMS 8, 10, 11, 13 AND 14 BE ON THE AGENDA OF THE OCTOBER 20, 1980 REGULAR COUNCIL MEETING. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY VAN DUSEN, THAT ITEMS 7, 9, and 12 BE ON THE AGENDA OF THE OCTOBER 27, 1980 COMMITTEE OF THE WHOLE MEETING. MOTION CARRIED. Councilman Phelps said she had the names of the people who will be visiting Tukwila from the Sister City of Ikawa. She said she had a memorandum outlining some of the costs involved. A formal motion is required approving these expenditures out of the budget. MOVED BY PHELPS, SECONDED BY HILL, THAT THE COUNCIL CONCUR WITH THE MEMORANDUM OUTLIN TPA THE COSTS FOR THE SISTER CITY VISIT. MOTION CARRIED. Mayor Todd said we should have a resolution of intent increasing Metro rates. MOVED BY HILL, SECONDED BY VAN DUSEN, THAT THE TUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING ADJOURN. MOTION CARRIED. Daniel J. Saul Pfty Council PresideTrE F rte Norma Booher, Recording Secretary