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HomeMy WebLinkAboutCOW 2009-02-23 Item 5A - Ordinance - Street Vacation of 13911 Tukwila International Boulevard (139 LLC, Petitioner)CAS NUMBER: 09-024 Meeting Date 02/23/09 03/02/09 09- D2- Mtg Date 02/23/09 Mtg Date Mtg Data COUNCIL AGENDA SYNOPSIS Prepared (b j .jI11tZa�I Mayor's review 3M ITEM. INFORMATION ORIGINAL AGENDA DATE: FEBRUARY 23, 2009 AGENDA ITEM TITLE Ordinance for Street Vacation at 13911 Tukwila International Blvd Mtg Date 03/02/09 Mtg Date Discussion Motion Resolution Ordinance Bid Award Public Heanng Other CATEGORY SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R 1 I Police PW SPONSOR'S SUMMARY Mtg Date 2/23/09 Mtg Date Petitioner, 139 LLC, provided a complete request for a street vacation of the property abutting 13911 Tukwila International Boulevard and a comprehensive appraisal. Council set a Public Hearing date of February 23, 2009 per Resolution 1678. Notices were mailed and no written objections have been received. Compensation per the fair market value appraisal to the City is $25,000.00. Council is being asked to approve the ordinance. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 01/20/09 2/17/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMM TTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED $0.00 EXPENDITURE REQUIRED $0.00 Fund Source: COMPENSATION IN THE AMOUNT OF $25,000.00 Comments: MTG.=DATE 01/26/09 02/02/09 02/23/09 03/02/09 MTG. -DATE 02/23/09 RECORD OF COUNCIL ACTION Discussion on Resolution setting a Public Hearing date Resolution 1678 setting a Public Hearing date of 2/23/09 IT:EmNo. Transportation Cmte Planning Comm. APPROPRIATION REQUIRED $0.00 ATTACHMENTS Informational Memorandum dated 02/17/09 (revised after TC) Draft Ordinance with Exhibit A Map Vicinity Map Petition for Vacation of Street 3.40.71 with Right -of Way Exhibit Resolution 1678, setting a Public Hearing date of 2/23/09 Minutes from the Transportation Committee meeting of 01/20/09 02/17/09 City of Tukwila TO: Mayor Jim Haggerton Transportation Committee FROM: Public Works Director,1'� DATE: February 17, 2009 cU.) INFORMATIONAL MEMORANDUM SUBJECT: 13911 Tukwila International Boulevard Street Vacation File Number 3,40.71 ISSUE Ordinance vacating a portion of the street at 13911 Tukwila International Boulevard. BACKGROUND Jim Haggerton, Mayor Petitioner, 139 LLC, provided a complete request for a street vacation of the property abutting 13911 Tukwila International Blvd and a comprehensive appraisal (139 LLC is the only abutting property owner). On February 2, 2009 the Council passed Resolution 1678 setting a public hearing date of February 23, 2009. Public Works sent notices to all utilities and all property owners within 500' of the property proposed for vacation. The City received no written objections to the vacation. The ordinance defines the condition for the vacation. The condition is compensation to the City in the amount of $25,000.00, based on the fair market value appraisal. RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the February 23, 2009 Committee of the Whole meeting and subsequent March 2, 2009 Regular Meeting. attachments: Ordinance with Exhibit A Map CityGIS map Petition for Vacation of Streets 3.40.71 Right-of-Way Vacation Exhibit Resolution No. 1678, setting Public Hearing date of 2/23/09 P:ISTREET VACATIONS13.40.71 13911 TIBVnfo memo ordinance 021709.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS APPROXIMATELY 128 FEET BY 10 FEET LOCATED ALONG 13911 TUKWILA INTERNATIONAL BOULEVARD; AMENDING THE OFFICIAL STREET MAP OF THE CII Y; PROVIDING FOR SEVERABILITY; AND ESTABLISHNG AN EFFECTIVE DATE. WHEREAS, on December 30, 2008, the Public Works Department deemed the Petition for Vacation complete; and WHEREAS, Section 11.60 of the Tukwila Municipal Code identifies street vacation procedures, including public notification, a public hearing, review and comment, and submittal of relevant information to City Council, all of which have been accomplished; and WHEREAS, no utilities exist in the right -of -way proposed for vacation, and WHEREAS, the Tukwila City Council conducted a public hearing on February 23, 2009 for the purpose of considering the vacation of certain property located in the City of Tukwila, as described above; and WHEREAS, following conclusion of the public hearing, the City Council found the property should be vacated, subject to conditions identified in this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Property Vacated. A. The following property located in the City of Tukwila is hereby vacated. Tukwila International Boulevard, a ten foot -wide right -of -way, approximately 128 feet long along 13911 Tukwila International Boulevard, as shown on Exhibit A, attached hereto. B. This vacation is conditioned upon receipt of compensation to the City of $25,000.00 by May 31, 2009. Section 2. Record of Certified Copy. The City Clerk's Office is hereby directed to record a certified copy of this ordinance with King County, upon determination by the Finance Director that the conditions referenced above have been satisfied. Section 3. Amendment of Official Street Map. Upon the recording of a certified copy of the ordinance, the City Public Works Director shall amend the City's official street map to be consistent with this ordinance. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such C. \Documents and Settings\AII Users \Desktop \Kelly \MSDATA \Ordinances \TIB Street Vacation.doc ksn 2/18/2009 Page 1 of 2 invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City. This vacation shall not become effective until the conditions contained herein have been fully satisfied, until all fees owed the City have been paid, and until five working days after the date that this ordinance and all relevant documents have been recorded with King County Records. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Council Meeting thereof this day of 2009 ATTEST AUTHE\ITICATE D: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney Attachment: Exhibit A Map Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published: Effective Date: Ordinance Number C. \Documents and Set`ungs\All Users \Desktop \Kelly \MSDATA \Ordinances \TIB Street Vacation_doc ksn 2/18/2009 Page 2 of 2 Scale. Horizontal 'C ENC Designed 1 =60' Vertical N88' 1 1'40 "E 23 61' 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251 -6222 (425)251 -8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES 1 Drown PCW 575'30'40"W 10.00' N87'50'26 'W 109.99' 139 LLC 50' AREA OF RIGHT -OF -WAY VACATION CONTAINS 1272± SQUARE FEET Title: RIGHT-OF-WAY EXHIBIT A 50 Job Number 13335 Sheet VACATION EXHIBIT 1 of 1 1 Checked W1 W 1 Aoproved WRW I Date 07717 -08 t 89 ft CiiyGIS Copyright 02008 All Rights Reserved The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products AERIAL PHOTO MAP TO THE TUKWILA CITY COUNCIL: 1. The undersigned petitioners hereby request vacation of the following described property located in the City of Tukwila: (Provide legal description. If legal description is long, please attach. Attach a site plan of the area to be vacated.) 2. The names and addresses of ALL property owners abutting on the property to follows: (do not include City-owned property) Owner Name Property Address {print) 13911 TUKWILA INTERNATIONAL BOULEVARD 3. Petitioner signatures. Only owners of property abutting the street to be vacated the petition to be valid, the signers must account for at least 2/3 of the property, the right -of -way: (do not include City -owned property) Owner Name Property Address (signature) 4. In accordance with Resolution 1499, the $1200 fee for street vacation has been received. Qr Lct c; e W F{ 1 C_ DATE RECEIPT NO. CLERK SIGNATURE Y21 \5 C% -6 %1 PETITION FOR VACATION OF STREETS PURSUANT TO RCW 35.79 1 I I 3.4071 be vacated are as Total frontage (feet) may petition. For by length, abutting Total frontage (feet) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS APPROXIMATELY 128 FEET BY 10 FEET ALONG 13911 TUKWILA INTERNATIONAL BOULEVARD. WHEREAS, the property owner abutting the right -of -way has petitioned the City to vacate a portion of Tukwila International Boulevard, and WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing upon the vacation of a portion of Tukwila International Boulevard, adjacent to 13911 Tukwila International Boulevard, shall be held before the Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on February 23, 2009, which is not less than 20, nor more than 60 days from the date of passage of this resolution, at which time all persons interested in said right -of -way vacation are invited to appear and be heard. Section 2. The City Clerk is directed to post written notice of pendency of the public hearing in three public places in the City of Tukwila and in one additional conspicuous place on the right -of -way sought to be vacated at least 20 days prior to the date set for heanng. PASSED BY THE CITY COUNCIL OF ,T,HE fITY OF TUKWILA, WASHINGTON, at a Regular Council Meeting thereof this L� rck day of F0 ht Uf 2009. J Joan Hernandez, Council President ATTEST UTHENTICATEED: Christy O'Flalierty, CMC, Cray Clerk City of Tukwila Washington Resolution No. 1678 BY: Filed with the City Clerk. i' Passed by the City Council. l--- 9 Resolution Number: 1 6' q Transportation Committee Minutes January 20, 2009 Paoe 2 E. Tukwila International Boulevard Phase II and III Construction Management Support Supplemental Agreement #7 Staff is seeking full Council approval to enter into Supplemental Agreement #7 with KPG, Inc. m the amount of $385,000 to provide construction management support for Tukwila International Boulevard Phases II and II. The services provided by the supplemental agreement will complement the construction management services that will be provided by Harris Associates (above) and the City. KPG was the design consultant for TIB Phase II and III from South 116 Street to South 139 Street, and their presence providing engineering support during the construction phase will be an essential element to the management team. Additionally, KPG will be handling the material testing required by WSDOT. UNANIMOUS APPROVAL. FORWARD TO JANUARY 26 COW FOR DISCUSSION. F. Tukwila International Boulevard Phase II and III Construction Management Trailer Purchase Staff is seeking full Council approval to purchase a field office trailer in the amount of $30,000 for on -site construction management of the TIB Phase II and III project. Large construction projects require a field office trailer for on -site construction management. Usually, the trailer is rented as outlined in a construction contract, returned when the project is completed, and rented again with each project that requires a field office. Given the almost two -year construction time frame for TIB Phase II and III as well as other upcoming projects, it is more cost effective for the City to purchase a trailer. Leases are estimated to cost approximately 4% of the purchase pnce per month. The trailer is anticipated to last 10 -15 years, and will pay for itself within five years. The trailer can also be utilized as an infield command post in an emergency situation. Liability for the trailer will be covered within the City's self insured coverage with WCIA. UNANLMOUS APPROVAL. FORWARD TO JANUARY 26 COW FOR DISCUSSION. G. Street Vacation at 13911 Tukwila International Boulevard Staff is seeking Council approval of a resolution setting a public hearing date of February 23, 2009 for a 128 foot street vacation along 13911 Tukwila International Boulevard. The street vacation is being requested by the only abutting property owner located at 13911 Tukwila International Boulevard. UNANIMOUS APPROVAL. FORWARD TO JANUARY 26 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 6:16 p.m. Next meeting: Monday, February 2, 2009 5:00 p.m. Conference Room 1 Committee Chair Approval Minutes by KAM. Reviewed by GL. TRANSPORTATION COM1IVIITTEE Meeting Minutes February 17, 2009 5:00 p.m. Conference Room 1 rues !leeiita Due to Holidav PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Verna Gnffm Staff: Jim Morrow, Gail Labanara, Jon Harrison, Jack Pace and Kimberly Mate Guest: Chuck Parrish CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5.15 p.m. I. PRESENTATIONS No presentations. City of Tukwila Transportation Committee II. BUSINESS AGENDA A. 13911 Tukwila International Boulevard Street Vacation Ordinance Staff is seeking full Council approval of an ordinance vacating approximately 128 feet along 13911 Tukwila International Boulevard. To date, the City has received no objections to the street vacation. A public hearing for the matter is scheduled for February 23, 2009. The street vacation is being requested by the property owner located at 13911 Tukwila International Boulevard. The City will receive 825,000 for the property, based on fair market value appraisal. These momes will return to the City's General Fund. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSSION. B. 2008 4 Ouarter Report The Committee reviewed the status of program goals as outlined in the 2008 4 Quarter Report, and asked clanfying questions as appropnate. Public Works Administration 1. Review the Local Improvement District... (page 7 of Committee agenda packet) Staff reported that the final offer has been made on the last piece of property. Street Maintenance /General Admin General: 1. Pavement management program... (page 8 of Committee agenda packet.) Committee members are aware that while City staff was able to complete all items budgeted for the 2008 Overlay Program, not all needs were budgeted. Overlay needs run in excess of 53 million over our budget program amount. PFORMATION ONLY. III. MISCELLANEOUS Committee Member Robertson reported on the South County Area Transportation Board (SCA'1 meeting he attended today which include information on the tunnel update and a loss of car -to -car capacity. He mentioned that the City of Seattle will be looking at other revenue sources for the tunnel construction. Revenue sources could include, but would not be limited to re- implementation of the motor vehicle excise tax or tolling. Committee Member Robertson recommends that the City take a position on motor vehicle tax, but not on tunnel construction. This issue will be brought up under reports by one of the Committee Members at a future Council meeting. Committee Chair Quinn inquired about House Bill 1490 (companion in Senate 5687) which recently received some negative press in a Seattle Times article. Jack Pace explained the bill further, stating staff is aware of the