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Home My WebLink AboutCOW 2009-08-24 Item 4B - Discussion - LID Formation Schedule for Tukwila Urban Center Access (Klickitat)CAS NUMBER. 09-118 Fund Source Comments MTG DATE I 08/24/09 1 MTG. DATE 08/24/09 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 08/24/09 3M Initials Mayor's review ITEM INFORMATION Council rgview, ORIGINAL AGENDA DATE. AUGUST 24, 2009 AGENDA ITEM TITLE Local Improvement District (LID) Formation Schedule for the Tukwila Urban Center Access Project (Klickitat) CATEGORY Discussion Motion Resolution Ordinance ❑Bid Award Public Hearing Other Mtg Date 08/24/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Forming a Local Improvement District (LID) involves many different steps that must be SUMMARY taken in very specific order and adhere to very specific notification schedules. The proposed schedule includes an Open House, Public Hearings for the Resolution stating the Intent to Form a LID, followed by the Ordinance to Form the LID. Construction is still scheduled to occur in one year with the road to be reopened on November 15, 2010. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm Planning Comm. DATE. 08/17/09 RECOMMENDATIONS. SPONSOR /ADMIN Public Works COMMIUI E Unanimous Approval, Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 08/12/09 (formatting revised after TC) LID Process Outline from Kenyon Disend, PLLC Minutes from the Transportation Committee meeting of 08/17/09 ITEM NO 4, a, City of Tukwila TO Mayor Haggerton Transportation Committee FROM: Public Works Director DATE. August 12, 2009 SUBJECT Tukwila Urban Center Access (Klickitatl Proiect Project No. 84 -RW19 LID Formation Schedule DISCUSSION INFORMATIONAL MEMORANDUM ISSUE Proposed schedule and steps for the Local Improvement District (LID) formation BACKGROUND Jim Haggerton, Mayor The history for the Tukwila Urban Center (TUC) Access (Klickitat) Project is quite extensive as it has been ongoing for many years Specific to the financing, staff has aggressively pursued grant funds in addition to other funding sources. 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 retained Macaulay Associates to prepare a LID Feasibility Report, a Preliminary Special Benefit/Proportional Assessment Study, and a Preliminary Assessment Roll Due to the City's demonstrated commitment to forming a LID, Tukwila was successful in obtaining a $5 million grant from TIB The Preliminary Assessment Roll is nearly complete and will be presented to the Council for action in September Throughout the preliminary engineering phase of the TUC Access project, 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, Wig Development, and La Pianta. Forming a LID involves many different steps that must be taken in very specific order and adhere to very specific notification schedules In 2006, the City retained Foster Pepper, PLLC for Bond Counsel services The City Attorney's office, through Kenyon Disend staff, will be providing Special Counsel services related to the LID formation A detailed schedule of steps has been developed with the aid of the City's legal counsel team. The proposed schedule includes an extra step not required to meet legal guidelines an Open House for property owners, business owners, and tenants of the LID area. Although this schedule does not show all the remaining steps necessary to get the project out to bid this fall, this aggressive schedule shows the key milestones that must be met to form the LID Without the LID, the funding package for the TUC Access project is incomplete Without the rest of the funding in place so that the project can be advertised for construction, over $8 million in grants which have already been awarded to this project will become unavailable for use. Grant funding INFORMATIONAL MEMO Page 2 agencies have been hit as hard as everyone else in this difficult economic climate and projects unable to go to construction this year or next will have the funding cancelled and reassigned to projects which can be built. The proposed schedule, showing only key milestones, is shown below* 8/17/09 8/24/09 8/28/09 9/4/09 9/8/09 9/14/09 9/21/09 10/2/09 10/5/09 10/12/09 10/19/09 11/1/09-11/15/09 12/16/09-12/31/09 January 2010 Jan Feb 2010 Feb March 2010 March Nov 2010 11/15/10 RECOMMENDATION Transportation Committee LID Schedule and Steps Committee of the Whole LID Schedule and Steps 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 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 Ordinance to Form LID Committee of the Whole Ordinance to Form LID Regular Council: Public Hearing and Adoption of Ordinance to Form LID 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 Committee Award of construction contract to successful bidder City Council (C 0 W Regular) Award of construction contract Notice to Proceed to successful bidder Construction of project Roadway open to traffic substantial completion of construction Information only Transportation Committee requested that this item be forwarded to the August 24, 2009 Committee of the Whole to notify Council W' \PW Eng \PROJECTS\A- RW RS Projects \84RW19 TUC Access (Klickitat) \INFO MEMO LID Formation Schedule 8 -12 -09 gl.doc MICHAEL R. KENYON BRUCE L. DISEND SHELLEY M. KERSLAKE SANDRA S MEADOWCROFT CHRIS D BACHA BOB C. STERBANK KENYON DISEND, PLLC THE MUNICIPAL LAW FIRM 11 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 3820 WWW KENYONDISEND COM (425) 392 7090 (206) 628 -9059 FAX (425) 392 7071 LID PROCESS OUTLINE I. COMMENCEMENT PETITION METHOD OF FORMATION 1 Filing of a petition signed by owners of property aggregating a majority of the area of the proposed Local Improvement District (LID) RCW 35 43 120 2. Certification of sufficiency of petition by the designated officer RCW 35 43 130 3 Designated person (usually Engineer) prepares cost estimate, assembles other statutorily required information and certifies it to the council. RCW 35 43 130 II. COMMENCEMENT RESOLUTION METHOD OF FORMATION 1 City Council adopts a resolution declaring its intention to form LID RCW 35 43 130 a. Resolution declaring intent to form LID b Minutes (or excerpts) of council meeting showing passage of such resolution. III. STEPS UNDER BOTH RESOLUTION AND PETITION METHODS OF FORMATION 1 Determine whether LID formation is categorically exempt from procedures of State Environmental Policy Act (SEPA), Chapter 43.21C RCW and Chapter 197 -11 WAC If not categorically exempt, prepare and issue Environmental Checklist and Determination of Non Significance (DNS) (or Environmental Impact Statement (EIS)) before adopting ordinance creating LID and ordering improvements. Environmental Checklist and DNS (or EIS) 2 If in response to a petition, adopt resolution fixing hearing on forming LID If resolution method is being used, designated person prepares cost estimate, F\APPS \CIV\TUKWILA \Other \LID Formation Outline.doc 1 SERVING WASHINGTON CITIES SINCE 1993 MARGARET J KING KARI L. SAND NOEL R. TREAT STEVE I VICTOR RENEE G. WALLS SARA B SPRINGER assembles other statutorily required information and certifies it to the council. RCW 35 43 130 3 The resolution must provide for a heanng on formation whether petition or resolution method is used. RCW 35 43 130- 150, 35 43 125 4 Mail notice of hearing at least 15 days before the date fixed for hearing to the owners as shown on the rolls of the County Assessor of all property (a) within the proposed LID, and (b) outside of the proposed LID, when such property is required at the time of notice to be connected to the proposed sewer or water facilities as a condition of Federal Housing Administration loan qualification. RCW 35 43 150, 35 43.270 If state owned property will be assessed, notice must be given by registered or certified mail at least 30 days prior to hearing. RCW 79 44 040 Affidavit of mailing with form of notices attached. 5 Publish resolution declaring intention or resolution fixing hearing on forming LID in at least two consecutive issues of the official newspaper, the first publication being at least 15 days prior to the hearing. RCW 35 43 140 Affidavit of publication of both such publications. 6 Conduct hearing on formation of LID RCW 35 43 140 a. Minutes of council meeting, committee meeting, or proceedings before hearing officer reflecting such hearing, including recommendation of committee or hearing officer b Resolution designating hearing examiner or committee, if authorized. 7 Pass ordinance creating LID and ordering the improvement. RCW 35 43 070 a. Ordinance creating LID b Minutes (or excerpts) of council meeting showing passage of such ordinance 8 If SEPA review required for LID formation, give official notice of the date and place for commencing an appeal under SEPA. RCW 43.21C 075(5), 43.21C 080; WAC 197 -11- 680(5) 9 Publish ordinance creating LID in official newspaper a. Affidavit of publication of formation ordinance. F\APPS \CIV \TUKWILA \Other\LID Formation Outline.doc 2 10 Within 15 days after creation of LID, file ordinance creating LID, boundary diagram of LID and preliminary assessment roll with City Treasurer (sometimes referred to as Finance Director) Thereafter, City Treasurer should immediately post the proposed assessment roll upon his or her index of local improvement assessments RCW 35 50 005 11 If LID contains "farm and agricultural land" or "timber land" as defined in RCW 84 34 310, file notice of foimation of LID with County Assessor and county legislative body RCW 84 34 320 a. If LID does not contain such farm and agricultural land or timber land, a certificate from the County Assessor to that effect; or b If LID does contain such farm and agricultural land or timber land, a certificate or receipt of fihng such notice. 12 County Assessor shall mail notice of formation of LID to owners of "farm and agricultural land" or "timber land," as defined in RCW 84 34.310 RCW 84.34 320 a. Certificate or other evidence of mailing such notice. 13 Expiration of protest period for LID formed by resolution method 30 days following passage of ordinance forming LID RCW 35 43 180 a. Clerk's or engineer's certificate of maximum percentage of protest during that period. 14 Expiration of time limitation on litigation. No lawsuit may be maintained challenging formation of the LID if not filed within 30 days after passage of the formation ordinance (if initiated by petition) or after expiration of the 30 -day protest period (if initiated by resolution) RCW 35 43 100 15 Authorize and publish call for bids for construction. RCW 35.22.620, 35.23.352, 35A.40.210, 35 43 190 a. Affidavit of publication of bid call 16 Receive bids 17 Accept best bid and award contract. a. Minutes (or excerpts) of council meeting showing action on bids. 18 Authorize interim financing. RCW 35 45 130, 39 50 RCW a. Ordinance authorizing interim financing. F\APPS \CIV \TUKWILA \Other \LID Formation Outline.doc 3 b Minutes (or excerpts) of council meeting reflecting passage of such ordinance c Affidavit of publication of such ordinance 19 On completion of project, obtain necessary state clearances, accept work and determine total cost. RCW 35 44 020, 60.28 040 (Dept. of Revenue), 51 12 050 (Dept. of Labor and Industries) 20 Engineer to prepare final assessment roll and file it with clerk. 21 Adopt resolution or motion setting time, date and place of assessment roll hearing. RCW 35 44 070 a. Resolution. b Minutes (or excerpts) of council meeting reflecting adoption of such resolution or motion. 22 Mail notice of hearing to the owners of all property listed on the assessment roll as those owners' names appear on the records of the County Treasurer at least 15 days before date fixed for hearing. RCW 35 44 090 a. Affidavit or certificate of mailing with copy of notice attached. 23 Publish notice of hearing at least once a week for two consecutive weeks in the official newspaper, the last publication being at least 15 days before the hearing date RCW 35 44 090 a. Affidavit of such publication. 24 Conduct final assessment roll hearing, considering objections and overruling them or modifying assessments. RCW 35 55 070, 35 44 100 a. Minutes of council meeting, committee meeting, or proceedings before hearing officer reflecting such hearing, including recommendation of committee or hearing officer b Resolution designating hearing examiner or committee, if authorized. 25 If any assessments are increased, set a new hearing and publish and mail notice to those properties with increased assessments in the same manner as for the original assessment roll hearing. RCW 35 44 120 F•\APPS \CIV\TUKWILA \Other \LID Formation Outline.doc 4 26 Pass ordinance confirming and levying assessments as finally approved. RCW 35 44 100 a. Ordinance confirming assessment roll b Minutes (or excerpts) of council meeting showing passage of such ordinance. 27 Publish ordinance confirming assessments. a. Affidavit of such publication. 28 In LID containing any "farm and agricultural land" or "timber land" as defined in RCW 84 34.310, file notice with County Assessor, County legislative authority and City Treasurer of adoption and confirmation of final assessment roll. RCW 84 34.320 29 Appeal period expires 10 days after the ordinance confirming assessment roll becomes effective RCW 35 44 190 -.210 30 City Treasurer publishes in the official newspaper once a week for two consecutive weeks, and (within 15 days after the first such publication) mails to all property owners, notice that roll is filed for collection. RCW 35 49 010 a. Affidavit of such publications. b Affidavit or certificate of such mailing with notice attached. 31 Prepayment period expires 30 days after first publication of Treasurer's notice. RCW 35 49 010, 35 49 050 a. Treasurer's certification of amount of prepayment and balance of unpaid assessments. 32 Sell bonds after expiration of prepayment period (bonds to be dated and delivered no earlier than 20 days after conclusion of prepayment period) at public or private sale. RCW 35 45 010, 35 45 040 33 Pass and publish bond ordinance authorizing sale. a. Ordinance. b Minutes (or excerpts) of council meeting reflecting passage of such ordinance c Affidavit of publication of such ordinance. F•\APPS \CIV\TUKWILA \Other\LID Formation Outline.doc 5 TRANSPORTATION COMMITTEE Meeting Minutes August 17, 2009 5 00 p.m. Conference Room 1 City of Tukwila a Transportation Committee PRESENT Councilmembers De' Sean Quinn, Chair; Joan Hernandez (filling in for Dennis Robertson) and Verna Griffin Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Cyndy Knighton, Ryan Larson, Gail Labanara, Derek Speck and Kimberly Matej Guests. Jeremy Eide CALL TO ORDER. Committee Chair Quinn called the meeting to order at 5 p.m. I. PRESENTATIONS No presentations. H. BUSINESS AGENDA A. Allentown Storm Water Lift Station Staff is seeking full Council approval to award a bid for the construction of Storm Water Lift Station No 18 (also referred to as Allentown Storm Water Pump Station) Improvements to Ro -Con Equipment Specialist, Inc in the amount of $294,610 Under usual circumstances, this item would be discussed in the Utilities Committee; however, time constraints associated with. anticipated increased river flows and potential flooding from the Howard Hanson Dam and normal Council processes delayed by a 5 Monday (August 31) would delay construction to late September Utilities Committee Chair Kathy Hougardy is aware of these issues and has approved the item to be heard as a Transportation Agenda item. Improvements to the Lift Station will include replacing a single 8 -inch pump with two 10 -inch pumps and will improve pumping capacity and automatic operation. Ro -Con Equipment Specialist, Inc has not worked on City projects previously; however, their references were found to be satisfactory The item came in under the Engineer's Estimate, but with contingency is over budget. Any overruns will be taken from the Surface Water Fund's ending fund balance. Committee members suggested in consideration of time (saving of approximately four weeks), this item move forward the August 24 COW for discussion and the subsequent Special Meeting on the same date. UNANIMOUS APPROVAL. FORWARD TO AUGUST 24 COW FOR DISCUSSION B Tukwila Urban Center Access Proiect Klickitat) Schedule for Formation of a Local Improvement District As an Information Only item, staff is reviewing the proposed schedule for the formation of a Local Improvement District (LID) for the Tukwila Urban Center Access Project (Klickitat). Without a LID, funding for the project will be incomplete and over $8 million of awarded project grants will become ineligible for use. Committee members emphasized the need to oversaturate areas that will receive notification mailings regarding the LID formation in order to increase outreach potential. Additionally, Committee Chair Quinn requested that staff attend the August 24 COW to notify Council of this proposed schedule. FORWARD TO AUGUST 24 COW FOR BRIEFING