Form revised March 16, 2004

 

FISCAL NOTE FOR NON-CAPITAL PROJECTS

 

Department:

Contact Person/Phone:

DOF Analyst/Phone:

Seattle Public Utilities

Ray Hoffman/684-5852

Cameron Keyes/684-8048

 

 

Legislation Title: AN ORDINANCE authorizing Seattle Public Utilities to enter into a Memorandum of Understanding with Lorig Associates, LLC regarding agreements to reconfigure their respective parcels on the Northgate South Lot and jointly plan and execute their respective projects.

 

 

·        Summary of the Legislation:

 

This fiscal note supports an ordinance that authorizes Seattle Public Utilities to enter into a Memorandum of Understanding with Lorig Associates, LLC, regarding agreements to reconfigure their respective parcels on the Northgate South Lot and jointly plan and execute their respective projects. The reconfiguration of the Northgate South Lot parcels is necessary to develop the Hybrid option for the Thornton Creek Water Quality Channel Project which requires accessing the flows in the pubic storm pipe at NE 100th Street and 3rd Avenue NE which drain a 670-acre sub-basin. Therefore, if the legislation (authorizing SPU and Lorig to enter into an MOU that calls for the reconfiguration of their respective properties through a Short Plat Process) is not implemented, then SPU cannot proceed with the Hybrid option recommended in the Thornton Creek Water Quality Channel Project.  The agreement outlines design and maintenance issues to jointly resolve prior to allowing recording of the final short plat reconfiguration.

 

 

·         Background: (Include brief description of the purpose and context of legislation and include record of previous legislation and funding history, if applicable):

 

This legislation responds to legislation City Council approved in December 2003 which included the Northgate Mall Development Agreement that provides the City a 12-month option to purchase 2.7 acres of the Northgate South Lot and City Council Resolution 30642 requesting that Seattle Public Utilities (SPU) evaluate and recommend one of three specified options for natural drainage and open space for the Northgate South Lot. The three options include: 1) daylighting storm flows in the conveyance pipe under the Northgate South Lot, 2) constructing a series of natural system swales to treat drainage from the adjacent neighborhood, and 3) constructing a hybrid (Hybrid), which involves diverting dry weather flows and flows from frequent small storm events from the conveyance pipe at NE 100th Street and 3rd Avenue NE to a surface channel for water quality treatment.

Three related ordinances are proposed to implement this proposal.  The first is an ordinance to exercise the City’s option to purchase the 2.7 acres of land, pursuant to the Northgate Mall Development Agreement, and create the Thornton Creek Water Quality Channel Project.  The second ordinance requests funding for the project.  This third ordinance authorizes a memorandum of understanding between Lorig and the City regarding agreements to reconfigure their respective parcels and jointly plan and execute their respective projects.

 

 

·         Please check one of the following:

 

_X _       This legislation does not have any financial implications. (Stop here and delete the remainder of this document prior to saving and printing.)

 

_ __        This legislation has financial implications. (Please complete all relevant sections that follow.)

 

 

Appropriations:  This table should reflect appropriations that are a direct result of this legislation.  In the event that the project/ programs associated with this ordinance have appropriations that were, or will be, received because of previous or future legislation or budget actions, please provide details in the Notes section below.

 

Fund Name and Number

Department

Budget Control Level*

2004

Appropriation

2005 Anticipated Appropriation

NA

 

 

 

 

TOTAL

 

 

 

 

*See budget book to obtain the appropriate Budget Control Level for your department.

 

Notes:  N/A

 

 

Anticipated Revenue/Reimbursement: Resulting From This Legislation: This table should reflect revenues/reimbursements that are a direct result of this legislation.  In the event that the issues/projects associated with this ordinance/resolution have revenues or reimbursements that were, or will be, received because of previous or future legislation or budget actions, please provide details in the Notes section below the table.

Fund Name and Number

Department

Revenue Source

2004

Revenue

2005

Revenue

 

 

 

 

 

TOTAL

 

 

 

 

 

Notes:  N/A

Total Regular Positions Created Or Abrogated Through This Legislation, Including FTE Impact:  This table should only reflect the actual number of positions created by this legislation  In the event that positions have been, or will be, created as a result of previous or future legislation or budget actions, please provide details in the Notes section below the table.

 

Position Title and Department*

Fund Name

Fund Number

Part-Time/ Full Time

2004

Positions

2004 FTE

2005 Positions**

2005 FTE**

 

 

NA

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

 

 

 

 

 

 

 

*   List each position separately

** 2005 positions and FTE are total 2005 position changes resulting from this legislation, not incremental changes. Therefore, under 2005, please be sure to include any continuing positions from 2004

 

 

Notes: N/A

 

·        Do positions sunset in the future?  (If yes, identify sunset date):

 

 

Spending/Cash Flow: This table should be completed only in those cases where part or all of the funds authorized by this legislation will be spent in a different year than when they were appropriated (e.g., as in the case of certain grants and capital projects).  Details surrounding spending that will occur in future years should be provided in the Notes section below the table.

Fund Name and Number

Department

Budget Control Level*

2004

Expenditures

2005 Anticipated Expenditures

NA

 

 

 

 

TOTAL

 

 

 

 

* See budget book to obtain the appropriate Budget Control Level for your department.

 

Notes: N/A

 

 

·         What is the financial cost of not implementing the legislation? (Estimate the costs to the City of not implementing the legislation, including estimated costs to maintain or expand an existing facility or the cost avoidance due to replacement of an existing facility, potential conflicts with regulatory requirements, or other potential costs if the legislation is not implemented.)

 

If the legislation (authorizing SPU and Lorig to enter into an MOU that calls for the reconfiguration of their respective properties through a Short Plat Process) is not implemented, then SPU cannot proceed with the Hybrid option recommended in the Thornton Creek Water Quality Channel Project.  The reconfiguration will provide Seattle Public Utilities with land at the Southwest corner at 3rd Avenue NE and NE 100th Street necessary to access the flows in the public storm pipe conveying flows from a 670-acre drainage area. If the City can not proceed with this project, and if no stormwater or open space improvements have occurred by December 2008, then the City must convey the land back to Simon, forfeiting the $375,000 purchase price.

 

·         What are the possible alternatives to the legislation that could achieve the same or similar objectives? (Include any potential alternatives to the proposed legislation, such as reducing fee-supported activities, identifying outside funding sources for fee-supported activities, etc.)

 

The Hybrid option can not be implemented without reconfiguring the Northgate South Lot parcels to provide the City access to the Southwest corner at NE 100th Street and 3rd Avenue NE.  If this proposed project is not implemented, SPU’s economic analysis indicates that to achieve similar water quality treatment benefits for this sub-basin through an alternative proposal would cost at least $8.6 million.

 

 

·         Is the legislation subject to public hearing requirements:  (If yes, what public hearings have been held to date, and/or what plans are in place to hold a public hearing(s) in the future.)

 

No, although five Northgate Stakeholder Group Meetings with public comment for the larger project were held on March 18, April 20, May 11, May 20, and June 3, 2004. In addition, a Northgate Stakeholder Group Public Forum with public comment was held on May 13, 2004. An outline of the terms of the MOU was presented at the June 3, 2004 Northgate Stakeholder Group Meeting and the Stakeholder Group is expected to submit advice to the Mayor and City Council directly regarding the MOU.

 

 

·         Other Issues (including long-term implications of the legislation):

 

 

 

Please list attachments to the fiscal note below: