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HomeMy WebLinkAboutCOW 2009-10-26 Item 4A - Resolution - Intent to Form LID #33 for Tukwila Urban Center Access (Klickitat)CAS NUMBER: 09-129 AGENDA ITEM TITLE New Resolution of Intent to Form a Local Improvement District (LID) for the Tukwila Urban Center Access (Klickitat) Project superseding Resolution N6. 1690 CATEGORY Discussion Motion Resolution Ordinance BtdAward Public Hearing Other Mtg Date 09/14/09 Mtg Date Mtg Date 10/26/09 Mtg Date Mtg Date Mtg Date 10/26/09 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PAR Police PTV SPONSOR'S The Preliminary Assessment Roll was completed on September 8, 2009 and presented to City SUMMARY Council on September 21, 2009 during the Public Hearing for the Resolution of Intent to Form LID #33 and Resolution No. 1690 was approved. Notices for the Public Hearing on the Ordinance to Form LID #33 along with the Preliminary Assessment Roll were mailed on September 30, 2009. On October 2, 2009, a technical error in Resolution No. 1690 was discovered which will delay the LID process. In order to correct the problem, the City must re do the Resolution of Intent process prior to beginning the Ordinance to Form a LID process. Council is asked to approve a new Resolution. REVIEWED BY COW Mtg. Utilities Cmte Meetznq Date Prepared 09/14/09 0 09/21/09 10/26/09 COUNCIL AGENDA SYNOPSIS DALE: 09/08/09 10/5/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMIT IR,E Unanimous Approval; Forward to Committee of the Whole EXPENDITURE REQUIRED $0.00 ST ITEM INFORMATION 1 ORIGINAL AGENDA DATE: SEPTEMBER 14, 2009 BG CA &P Cmte Arts Comm. Initials ITEM.IVO, Mayor's revzezv Council revie A.y f 1V i F &S Cmte Parks Comm. F UND SO URCE AMOUNT BUDGETED $0.00 Fund Source: MTG; D eTE °II a. RECO F;'CO UNCIL 4GTl`ON' 09/14/09 Forward to Next Regular Meeting 09/21/09 Approve Resolution No. 1690 10/26/09 AT TACHMENTS 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 Resolution No. 1690 in Final Form 10/26/09 Informational Memorandum dated 10/20/09 Resolution Project Schedule Minutes from the Transportation Committee meeting of 10/05/09 Transportation Cmte Planning Comm. APPROPRIATION REQUIRED $0.00 TO: City of Tukwila Mayor Haggerton City Council FROM: tJ 'Public Works Directo DATE: October 20, 2009 Jim Haggerton, Mayor 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, repeal Resolution No. 1690. BACKGROUND In 2005, the City began taking steps toward forming a Local Improvement District (LID) as part of the overall TUC Access project funding package upon recommendation by the Transportation improvement Board (TIB). Forming a LID involves many different steps that must be taken in very specific order and adhere to very specific notification requirements. The first step is adoption of a Resolution of Intent to Form a LID followed by adoption of an Ordinance to Form the LID. Property owners must be notified in a prescribed manner throughout the process. The Preliminary Assessment Roll was completed on September 8, 2009 and presented to City Council on September 21, 2009 during the Public Hearing for the Resolution of Intent to Form Local Improvement District #33 and Resolution No. 1690 was approved. Council gave direction to staff to mail notices for the Public Hearing on the Ordinance to Form LID #33 along with the Preliminary Assessment Roll as quickly as possible so that property owners could carefully review the information. The notices were mailed on September 30, 2009. On October 2, 2009, a technical error in Resolution No. 1690 was discovered which will delay the LID process. In order to correct the problem, the City must re -do the Resolution of Intent process prior to beginning the Ordinance to Form a LID process. DISCUSSION The technical error in Resolution No. 1690 was establishing the date of the Public Hearing for the Ordinance to Form LID #33. Resolution No. 1690 erroneously set the date of the Ordinance Public Hearing to be the date of the Resolution of Intent to Form's public hearing (September 21, 2009). The date should have been October 19, 2009. Because of the very strict notification requirements, a new public hearing date of November 16, 2009 was selected and is included in the new Resolution being considered. 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, repeal Resolution No. 1690, and consider this item at the October 26, 2009 Committee of the Whole meeting with a Public Hearing and at the subsequent Special Meeting that same evening. 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 Revised 10- 20 -09.doc 3 City of Tukwila Washington Resolution No. 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; AND SUPERSEDING RESOLUTION NO. 1690. 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 16th day of November, 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 W \Word Processing Resolutions \Klichtat LID.doc CKksn 10/21/2009 Page 1 of 4 5 6 IMPROVEMENT DISTRICT MAY VARY FROM ASSESSMENT ESTIMATES SO LONG 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. Section 6. Resolution Superseded. This resolution supersedes Resolution No. 1690, which was passed by the City Council on September 21, 2009, making it null and void. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special 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 LID.doc CK:ksn 10/21/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 4 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: legal requirements, permits, licenses, reviews, and any and all other matters necessary for a complete improvement in accordance with City standards. W Word Processing\ Resolutions Klickitat LID.doc CK:ksn 10/21/2009 CITY OF TUKWILA RESOLUTION OF INTENTION NO. Page 3 of 4 7 8 W\ Word Processing Resolutions Klickitat LID.dec CKksn 10/21/2009 CITY OF TUKWILA RESOLUTION OF INTENTION NO. EXHIBIT B LID BOUNDARY TUKWILA URBAN ACCESS IMPROVEMENT PROJECT (Local Improvement District 33) GIS 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 10/1 /09- 10/7/09 9/21/09 10/2/09 10/5/09 10/26/09 11/2/09 11/2/09 11/9/09 11/16/09 11/23/09 or later 11/30/09 or later 11/30/09 or later 12/1/09 12/24/09 12/28/09-1/15/10 1/15/10 January 2010 I Jan Feb 2010 I Feb March 2010 March Nov 2010 I November 15, 2010 W• \PW Eng \Old P drive \Cyndy \Klickitat\Project Schedule Council Packet.doc Tukwila Urban Center Access (HIickitat) Project Schedule 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 (originals needed) Regular Council: Public Hearing Adoption of Resolution of Intent to Form LID Notification to Property Owners For Public Hearing on Ordinance to Form LID Transportation Committee: Revised Resolution of Intent to Form LID COW Regular Council: Public Hearing Adoption of Resolution of Intent to Form LID (revised) WSDOT: Submit for Channelization Plan approval (target date) WSDOT: Submit for ROW Certification (target date) Committee of the Whole: Ordinance to Form LID Regular Council: Public Hearing Adoption of Ordinance Forming LID #33 WSDOT: ROW Certification approved (3 week process from submittal) Transportation Improvement Board: Construction Prospectus submittal approval WSDOT: Channelization Plans Approval Finalize PS &E Documents Advertise for Construction Bid: 3 week time period (required by federal funds) Bids Due with Bid Opening Transportation Improvement Board: Updated Cost Estimate submitted for approval prior to award of contract Transportation Committee, 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 9 TRANSPORTATION COMMITTEE Meeting Minutes October 5, 2009 5:00 p.m. Conference Room 1 PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Verna Griffin Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Cyndy Knighton, Jaimie Reavis, Peter Lau, Gail Labanara, Mike Ronda, Derek Speck, Nick Olivas, Jack Pace, Don Tomaso and Kimberly Matej Guest: Chuck Parrish CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:02 p.m. L PRESENTATIONS No presentations. City of Tukwila Transportation Committee II. BUSINESS AGENDA A. TIB Phase II III and Annual Traffic Signal Purchase Staff is seeking full Council approval to purchase six traffic signal control cabinets from Western Systems in the amount of $120,947.13. Funding for this purchase is budgeted in the 104 Arterial Street Fund. Two of the four cabinets will be utilized in the TIB Phase 1I and III project. The remaining four cabinets will be purchased as part of the Annual Traffic Signal Program and utilized for expansion of the City's Intelligent Transportation System (ITS) which provides real -time remote signal and closed circuit television. The purchase of the cabinets will enable ITS control and the following intersections: Tukwila International Boulevard and South130` Tukwila International Boulevard and South 132n Tukwila International Boulevard and South 144 Tukwila International Boulevard and South 112` Tukwila International Boulevard and South Boeing Access Road East Marginal Way and Interurban Avenue South In regards to project priority and funding, staff explained the importance of this purchase relative to traffic signal timing plans in the Urban Center, in relation to event specific timing plans and evacuation routes. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 12 COW FOR DISCUSSION. B. Tukwila Urban Center Access Proiect Klickitat) Ordinance to Form a Local Improvement District Staff is seeking full Council approval of an ordinance to form Local Improvement District (LID) #33 for the Tukwila Urban Center Access Project (Klickitat). On September 28, the City Council adopted Resolution No. 1690, an Intent to Form a Local Improvement District. A public hearing on the resolution was held on September 21, at that time, the preliminary assessment roll was presented. Based on this information, staff was prepared to move forward with a draft ordinance for Committee review and subsequent forwarding to the October 12 COW, as well as a public hearing regarding the ordinance tentatively scheduled for October 19. Unfortunately, the resolution did not include the public hearing date for the ordinance. This technical error will require the Resolution of Intent to be redone with the required information. This error will delay full 11 12 Transportation Committee Minutes October 5. 2009 Pace 2 Council consideration of the ordinance until the process has been noticed correctly. However, the Committee is still able to act on the draft ordinance agenda item at this meeting. Cyndy Knighton will distribute an updated timeline for the LID process once dates for the new resolution and appropriate public hearings are scheduled. It is anticipated that issues regarding the final assessment roll will be heard by the Hearing Examiner. In response to this, Committee members noted the importance of full Council understanding of appropriate information sharing for the public hearing on the draft ordinance relative to LID formation. UNANIMOUS APPROVAL. FORWARD TO A FUTURE COW FOR DISCUSSION. C. Walk Roll Prosram Desien Report Undate Jaime Reavis provided an informational update to Committee on a design and engineering report being conducted by Petted Engineering for the bicycle routes and sidewalk segments relative to the City's Walk Roll Plan. The draft report discusses potential options and interim improvements, suggesting recommendations and feasibility for trails, bike lanes, shared lanes (including sharrows), bicycle boulevards and sidewalk segments. Staff anticipates report completion by the end of the year. The consultant report will be available to full Council once edits are finished. The next step will be for the consultant to conduct preliminary design work on identified options. Recommendations will be based on phased approaches dependent on scheduled road improvements. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:39 p.m. Next meeting: Monday, October 19, 2009 5:00 p.m. Conference Room 1 Committee Chair Approval Minutes by KAM. Reviewed by BG and JR.