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HomeMy WebLinkAboutCOW 2009-09-14 Item 4F - Resolution - Intent to Form LID for Tukwila Urban Center Access (Klickitat) COUNCIL AGENDA SYNOPSIS I LA I, q s Initials ITEM NO. Z 1 Meeting Date f Prepared b�� 1 Mayor's review 1 Council r 09/14/09 1 BG 1 0 09/21/09 o 290= 1 1 1 4, P. ITEM INFORMATION CAS NUMBER: 09-129 'ORIGINAL AGENDA DATE: SEPTEMBER 14, 2009 AGENDA ITEM TITLE Resolution of Intent to Form a Local Improvement District (LID) for the Tukwila Urban Center Access (Klickitat) Project CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other Mtg Date 09/14/09 Mtg Date Mtg Date 09/21/09 Mtg Date Mtg Date Mtg Date 9/21/09 Mtg Date SPONSOR Council Mayor Adm Svcs DCD El Finance Fire Legal P&R Police PW SPONSOR'S The first step of forming a Local Improvement District (LID) is adoption of a Resolution of SUMMARY Intent to Form a Local Improvement District. The Public Hearing for the Resolution is scheduled for September 21, 2009 and the Preliminary Assessment Roll will be presented at that meeting. Once the Resolution is passed, notification will be sent to all property owners of their preliminary assessment amount that could be incurred if the LID is formed. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. El Parks Comm. Planning Comm. DATE: 09/08/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Cowan. EE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 09/14/09 1 09/21/09 1 MTG. DATE I ATTACHMENTS 09/14/09 Informational Memorandum dated 09/02/09 (revised after TC) Draft Resolution Project Schedule Minutes from the Transportation Committee meeting of 09/08/09 09/21/09 City of Tukwila TO: Mayor Haggerton Transportation Committee FROM: Public Works Director DATE: September 2, 2009 INFORMATIONAL MEMORANDUM SUBJECT: Tukwila Urban Center Access (Klickitat) Proiect Project No. 84•RW19 Resolution of Intent to Form Local Improvement District (LID) ISSUE Resolution of Intent to Form LID #33 for the Tukwila Urban Center (TUC) Access Project. Attachments: Resolution of Intent to Form Local Improvement District #33 Project Schedule W: \PW Eng \Old P drive \Cyndy\Klickitat \INFORMATION MEMO LID Resolution of Intent to Form LID #33 9- 2- 09.doc Jim Haggerton, Mayor BACKGROUND In 2005, the Transportation Improvement Board (TIB) informed the City that in order to be competitive for TIB grant funding, formation of a LID was strongly recommended. In response to the TIB, the City began taking steps toward forming a LID as part of the overall project funding. The City has pursued No- Protest Agreements from property owners as development has occurred. These agreements state that the property owner will not protest the formation of a LID for the TUC Access (Klickitat) Project. The property owner can protest the Final Assessment Roll amount. No- Protest Agreements have been signed by Westfield Mall and Wig Development LLC. Invitations for two Open Houses on this topic were sent to all property owners, property managers, and businesses within the LID area. The Open Houses were held on August 28, 2009 and September 3, 2009. DISCUSSION Forming a LID involves many different steps that must be taken in very specific order and adhere to very specific notification schedules. The first step is adoption of a Resolution of Intent to Form a Local Improvement District. Once the Resolution is passed, notification will be sent to all property owners of their preliminary assessment amount that could be incurred if the LID is formed. The Preliminary Assessment Roll is complete and is being finalized prior to presentation to the Council at the Public Hearing for this Resolution, scheduled for September 21, 2009. Council will hold a second Public Hearing to consider adopting the Ordinance to form the LID, scheduled on October 19, 2009. Without the LID, the funding package for the TUC Access project is incomplete. Without the rest of the funding in place, over $8 million in awarded grants will become unavailable for use and returned to the granting agency. Projects unable to go to construction this year or next year will have their funding cancelled. Additionally, over $2.5 million in impact fees already collected for this project may need to be refunded. RECOMMENDATION The Council is being asked to approve the Resolution of Intent to Form a LID for the TUC Access (Klickitat) Project and consider this item at the September 14, 2009 Committee of the Whole meeting and the subsequent September 21, 2009 Regular Meeting for a Public Hearing and approval. DRArT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING THE INTENT OF THE CITY COUNCIL TO CONSIDER THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT, TO BE KNOWN AS LOCAL IMPROVEMENT DISTRICT NO. 33, FOR THE PURPOSE OF IMPROVING URBAN ACCESS FOR THE SOUTHCENTER AREA; AND SETTING A PUBLIC HEARING DATE TO CONSIDER THE FORMATION OF LOCAL IMPROVEMENT DISTRICT NO. 33. WHEREAS, the City Council of the City of Tukwila intends to order the improvements described in Exhibit A, attached hereto and incorporated by this reference as if set forth in full; and WHEREAS, the Council desires to form a local improvement district (LID) for the purpose of making said improvements fully described in Exhibit A; and WHEREAS, the date, time and place of a public hearing to consider the proposed local improvement district and improvements should be established; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Intent to Form LID. The City Council hereby declares its intent to form Local Improvement District No. 33 pursuant to the resolution method established in RCW 35.43.140 for the Tukwila Urban Access Improvement Project improvements, more particularly described in Exhibit A, attached hereto and incorporated by this reference as if set forth in full. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. Pursuant to RCW 35.43.140, the nature and territorial extent of the improvement are set forth on Exhibit A. Section 2. Cost of Improvements. The cost and expense of all labor and material required to make a complete improvement, including legal, engineering, administrative, printing, costs of acquisition, and all other expenses of every kind, is approximately $10,500,000.00, and shall be paid from the special assessments against the property specially benefited by the improvements and from other funds legally available to the City for such improvements. A local improvement district shall be established embracing as near as may be all the property specially benefited by such improvement and such specially benefited property shall be assessed to pay all of the cost of such improvement under the mode of payment of bonds. Section 3. Public Hearing. A public hearing shall be conducted before the Tukwila City Council in the City Council Chambers located at City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on the 21st day of September, 2009 at the hour of 7:00 p.m., then and there to present their objections thereto, if any they have. NOTICE IS HEREBY GIVEN THAT THE ACTUAL ASSESSMENTS FOR THE LOCAL IMPROVEMENT DISTRICT MAY VARY FROM ASSESSMENT ESTIMATES SO LONG W:\ Word Processing Resolutions \Klickitat LID.doc CK:ksn 09/09/2009 Page 1 of 4 AS THEY DO NOT EXCEED A FIGURE EQUAL TO THE INCREASED TRUE AND FAIR VALUE THE IMPROVEMENT ADDS TO THE PROPERTY. Section 4. Benefit Area. The City Engineer of the City of Tukwila is hereby directed to submit to the City Council at or prior to the day of the hearing, the estimated cost and expense of the proposed improvements together with a diagram or print showing thereon the lots, tracts, or parcels of lands or other property which will be especially benefited thereby. Section 5. Notices. The City Clerk is hereby directed to have this resolution published in two consecutive issues of the official newspaper of the City, with the first publication to be at least 15 days before the day fixed for the hearing. In addition, the City Clerk is hereby directed to give notice of the hearing upon formation of the Local Improvement District by mail at least 15 days before the day fixed for the hearing to the owners of all lots, tracts, and parcels of land or other property to be specially benefited by the proposed improvement, as shown on the rolls of the County Assessor, directed to the address thereon shown. The notice shall set forth the nature of the proposed improvement, the estimated cost, the estimated benefits to the particular lot, tract or parcel, and the method of assessment described in Section 3 of this resolution. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit A, Project Description Exhibit B, LID Boundary Map W:\ Word Processing \Resolutions \Klickitat L!D.doc CK:ksn 09 /09/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 4 CITY OF TUKWILA RESOLUTION OF INTENTION NO. EXHIBIT A PROJECT DESCRIPTION TUKWILA URBAN ACCESS IMPROVEMENT PROJECT (Local Improvement District 33) The Tukwila Urban Access Improvement Project consists of a grade separated structure using a partial lid over Southcenter Parkway, removing left turn /through conflicting movements. The roadway will be widened on Southcenter Parkway with southbound lanes depressed under a lid structure accommodating both northbound and eastbound left turns with Klickitat Drive. Sidewalks will be included on the east side of the street as well as one new signal and interconnection of three signals to the City's Traffic Operation Control System. Included in all the preceding are: Iegal requirements, permits, licenses, reviews, and any and all other matters necessary for a complete improvement in accordance with City standards. W:\ Word Processing \Resolutions \K7ickitat LID.doc CK:Ssn 09/02/2009 Page 3 of 4 W:\ Word Processing Resolutions \Klickitat LID.doc CK:1sr, 09/02/2G09 CITY OF TUKWILA RESOLUTION OF INTENTION NO. EXHIBIT B LID BOUNDARY TUKWILA URBAN ACCESS IMPROVEMENT PROJECT (Local Improvement District 33) Page 4 of 4 Complete Date 5/7/07 5/24/07 7/16/09 8/17/09 8/24/09 8/25/09 8/28/09 9/3/09 9/4/09 9/8/09 9/14/09 9/14/09- 9/25/09 9/21/09 9/22/09 9/25/09 or later 10/2/09 10/5/09 10/12/09 10/16/09 or later 10/19/09 10/19/09-10/31/09 11/1/09-11/15-09 11/1/09-11/15/09 12/16/09-12/31/09 January 2010 January 2010 Jan Feb 2010 Feb March 2010 March Nov 2010 November 15, 2010 Tukwila Urban Center Access (Klickitat) Project Schedule W: \PW Eng \Old P drive \Cyndy \Klickitat \Project Schedule Council Packet.doc Description Environmental Approval: ECS Accepted by FHWA Design Substantial Completion: 100% Shelf -Ready Plans completed Right -of -Way: Possession and Use Agreement from Legacy Partners Transportation Committee: LID schedule and steps Committee of the Whole: LID Schedule and Process WSDOT: ROW certification, limited access revision, channelization plans Open House: For property owners, businesses and tenants Open House: For property owners, businesses and tenants Notification to Property Owners For Public Hearing on Resolution to Form LID Transportation Committee: Resolution of Intent to Form LID Committee of the Whole: Resolution of Intent to Form LID Right -of -Way: Possession and Use Agreement from Doubletree Regular Council: Public Hearing Adoption of Resolution of Intent to Form LID WSDOT: Submit for Channelization Plan approval (target date) WSDOT: Submit for ROW Certification (depends on P &U from Doubletree) Notification to Property Owners For Public Hearing on Ordinance to Form LID Transportation Committee: Ordinance to Form LID Committee of the Whole: Ordinance to Form LID WSDOT: ROW Certification approved (3 week process from submittal) Regular Council: Public Hearing and Adoption of Ordinance to Form LID Transportation Improvement Board: Construction Prospectus submittal approval WSDOT: Channelization Plans Approval Advertise for Construction Bid: 4 week time period (3 weeks required by federal funds, 1 week extra for holiday) Bids Due with Bid Opening Transportation Improvement Board: Updated Cost Estimate submitted for approval prior to award of contract Transportation Committee: Award of construction contract to successful bidder City Council (C.O.W. and Regular): Award of Contract Notice to Proceed to successful bidder Construction of project Roadway open to traffic, substantial completion of construction TRANSPORTATION COMMITTEE Meeting Minutes* City of Tukwila Transportation Committee September 8, 2009 5:00 p.m. Conference Room 1 *Tuesd0c meeting due 10 holiday PRESENT Councilmembers: De'Sean Quinn, Chair; and Verna Griffin Staff: Bob Giberson, Frank Iriarte, Pat Brodin, Shawn Hunstock, Jack Pace and Cyndy Knighton. CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Macadam Road Bridge Soffit Repairs Bid Award Staff is seeking full Council approval to award a bid in the amount of $39,198.00 to Nordic Construction for construction of the Macadam Road Bridge Soffit Repairs project. Staff discussed receiving favorable bids, with the lowest bid being under the Engineer's Estimate. Nordic Construction has performed well on previous contracts with the City of Tukwila and other jurisdictions. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. B. Tukwila Urban Center Access Project (Klickitat) Resolution of Intent to Form a Local Improvement District Staff is seeking full Council approval of a resolution of intent to form a Local Improvement District (LID) for the Tukwila Urban Center Access Project (Klickitat). Cyndy began with a slide presentation that was used at the previous two LID open houses, held on August 28 and September 3 The presentation focused on the project history, necessity and how the LID fills the funding gap for the project. This resolution of intent to folni the LID is only to notify the property owners that a LID is being considered. For clarification, all No- Protest Agreements are being researched and verified along with traffic impact fees that will be credited against the LID assessment. The La Pianta No- Protest Agreement appears to be for a future sanitary sewer project, not for the Klickitat project. The preliminary assessment roll will be presented to Council on September 21 UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:50 p.nz. Next meeting: Monday, September 21, 2009 5:00 p.m. Conference Room 1 Committee Chair Approval Minutes by BG.