11-104 - Sound Transit - Dispute Resolution Settlement Regarding Noise and Parking

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V 11 -104 Council Approval N/A Dispute Resolution Settlement Agreement Regarding Noise and Parking Between City of Tukwila, Washington And Sound Transit (Reference City Contract Number 04 -086) The purpose of this Dispute Resolution Settlement Agreement is to confirm the agreement between Sound Transit and City of Tukwila regarding the issues discussed during the dispute resolution process initiated on November 9, 2010. Since the opening of the light rail system in July 2009, issues have arisen between the City and Sound Transit regarding noise and parking at the Tukwila International Boulevard Light Rail Station (Tukwila Station). Over the past few months, Sound Transit and the City have met in a good -faith effort to resolve these disputes, as provided for in the Development and Transitway Agreement executed between our two agencies in December 2004. We have reached a mutually satisfactory resolution of the issues and both agencies remain committed to working together in a collaborative manner to see that the commitments included in this letter are completed in a timely and efficient manner. To this end, the City and Sound Transit have agreed to settle the disputes as follows, subject to necessary approvals: Link Light Rail Noise Mitigation A dispute arose following initial noise level readings in the First Year Noise and Vibration Testing Results prepared by Michael Minor and Associates (dated December 9, 2009), which exceeded the FTA noise criteria in certain places along the Link Light Rail route in Tukwila. The resolution to this dispute is as follows: 1. Sound Transit is currently in compliance with the FTA noise criteria, and will continue to comply with the FTA noise criteria throughout the City. 2. Sound Transit will install approximately 2700 feet of Type I noise barrier in the vicinity of the Duwamish River neighborhood area, replacing the existing Type II noise barrier. The existing Type 2 barriers in three other locations will remain. 3. Sound Transit will mitigate and maintain noise levels at all other locations along the alignment with measures that may include continued use of Type 2 noise barriers, rail grinding, track lubricators, residential sound insulation, or other measures as determined by Sound Transit to be necessary and effective. 4. Sound Transit will prepare a supplement to the 2010 noise report required under the Unclassified Use Permit addressing the proposed mitigation; a schedule for installing the Type 1 barriers, reasoning for proposing Type 1 barriers as mitigation in the Duwamish River neighborhood area; durability of Type 2 noise 6_ of 0