HomeMy WebLinkAboutCOW 2008-11-24 Item 5B - Ordinance - Street Vacation of 35th Avenue South (Sound Transit Link Light Rail) Co UNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 0 S 4 7 I ORIGINAL AGENDA DAIE: NOVEMBER 24, 2008
AGENDA ITEM TITLE Ordinance for a time extension on the 35 Ave S Street Vacation
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 11/24/08 Mtg Date Mtg Date Mtg Date 12 /01 /08 Mtg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs El DCD Finance Fire El Legal P &R Police P11"
SPONSOR'S This ordinance will extend the expiration date for the Sound Transit street vacation located at
SUMMARY 35 Ave S (the Tukwila Int'I Blvd station) to April 30, 2009. Conditions have been met at two
other street vacations, 48 and 49 Ave S, and they will be recorded at King County. The
conditions on the remaining four street vacations can not be satisfied and are therefore null
and void as they expired on April 30, 2008.
REVIEWED COW Mt CA &P Cmte F &S Cmte Transportation Cmte
BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/12/08
RECOMMENDATIONS:
SPONSOR /ADMIT. Approve Ordinance.
COM IITTEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
11/24/08
12/01/08
MTG. DATE ATTACHMENTS
11/24/08 Information Memo dated November 18, 2008 (revised after TC meeting)
Ordinance with location map
I Transportation Committee Meeting Minutes from November 12, 2008
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I 12/01/08
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INFORMATION MEMO
To: Mayor Haggerton
From: Public Works Director
Date: November 18, 2008
Subject: 35th Ave South Street Vacation
ISSUE
Time extension and status update on progress of the street vacations agreed to between the City of Tukwila and
Sound Transit as part of the Sound Transit Light Rail project.
BACKGROUND
At the May 12, 2008 Committee of the Whole meeting, an update was presented of the seven Sound Transit
light rail street vacations. Four vacations were voided due to conditions that could not be met; one vacation met
the conditions and was completed, and two were granted time extensions. Since that time, the 48 Ave S street
vacation conditions have been met and finalized. Sound Transit is still negotiating with WSDOT on the 35
Ave S street vacation and requires an additional time extension.
The street vacation portion of 35th Ave S lies between Sound Transit property and the WSDOT SR -518 right
of -way. Portions of the Tukwila International Boulevard Station's parking lot have been built on this proposed
street vacation property. The proposed right -of -way limits run the full length of the abutting properties and
include the cul -de -sac bulb. A draft ordinance is attached to extend the time to April 30, 2009. A street vacation
is not complete until all of the conditions have been met.
The following table provides a brief status summary of the seven street vacations.
File Ordinances
No. Street (Expired 4/30/07, Payment Status Participation
4/30/08 or 10/31/08)
2087 2158 2203 New Ordinance w/ time to 4/30/09.
3.40.62 35 Ave S Null Void $446,088.00 ST WSDOT land, proceeding w/ vacation.
2088& 2159 Null Void All ST land, payment in full.
3.40.63 48 Ave S 2204 to be Recorded $53,592.00 All conditions have been met.
2089 2160 Conditions can not be satisfied.
3.40.64 47 Ave S Null Void $176,516.00 Private owners refused to participate.
2090, Null Void All conditions have been met.
3.40.65 49 Ave S 2061 to be Recorded $0.00 $0 as City initiated on City land.
2091 2162 $0 (City Conditions can not be satisfied.
3.40.66 S 138 St Null Void initiated) Private owners refused easements.
2092 2163 Conditions can not be satisfied.
3.40.67 S 146 St Null Void $73,635.00 Private owners refused to participate.
2093 2164 Conditions can not be satisfied.
3.40.68 S 133` St Null Void $101,052.00 Private owners refused to participate.
RECOMMENDATION
Approve ordinance extending the time for the 35 Ave S street vacation to April 30, 2009.
Enclosures
P: \BOB'Sound Transit\Street Vacations\3.40.62 35th \11.18.08 ST street vacation update info memo.doc
D A FT
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 35th AVENUE SOUTH, RUNNING SOUTHWESTERLY
FROM SOUTHCENTER BOULEVARD (SOUTH 154TH STREET) FOR
APPROXIMATELY 354 FEET, INCLUDING THE PARTIAL CUL -DE -SAC
BULB; AMENDING THE OFFICIAL STREET MAP OF THE CITY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Tukwila and Sound Transit executed the Development and
Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway
Route Project on December 8, 2004; and
WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation
procedures including public notification; public hearing, review and comment; and
submittal of relevant information to City Council, all of which have been done; and
WHEREAS, Sound Transit Link Light Rail proposes that a station be constructed at
this location; and
WHEREAS, 35th Avenue South has been a right -of -way for more than 25 years;
and
WHEREAS, Sound Transit provided a real property appraisal_ from a member of
the American Institute of Real Estate Appraisers in the amount of $446,088.00; and
WHEREAS, utilities exist in the right -of -way being vacated; and
WHEREAS, the Tukwila City Council conducted a public hearing on April 4, 2005,
for the purpose of considering the vacation of certain property located in the City of
Tukwila, as described in the ordinance title; and
WHEREAS, following conclusion of the public hearing, the City Council found that
the property should be vacated, subject to certain conditions; and
WHEREAS, on May 16, 2005, the City Council approved Ordinance No. 2087,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by April 30, 2007; and
WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2007 and
requested additional time for satisfying the conditions for this street vacation; and
WHEREAS, on June 4, 2007, the City Council approved Ordinance No. 2158,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by April 30, 2008; and
WHEREAS, on May 19, 2008, the City Council approved Ordinance No. 2203,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by October 31, 2008; and
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WHEREAS, Sound Transit failed to satisfy those conditions by October 31, 2008,
and has requested additional time for satisfying the conditions for this street vacation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 23,891 square feet of 35th Avenue South, running
southwesterly from Southcenter Boulevard (South 154th Street) for approximately 35
feet, including the partial cul -de -sac bulb.
B. This vacation is conditioned upon satisfaction, by April 30, 2009, of the
following:
1. Provision of compensation for $446,088.00.
2. Provision of utility easement(s).
3. Provision of easement(s) to Sound Transit for construction, operation and
maintenance of the Tukwila Freeway Route Project consistent with the Development
and Transit Way Agreement referenced herein.
Section 2. Duties of Public Works. The Public Works Department is hereby
directed to record a certified copy of this ordinance with King County, upon
determination by the Public Works 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
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 Meeting thereof this day of 2008.
ATTEST /AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachment: Exhibit A, Street Vacation 35th Avenue South, 3.40.62
C: \Documents and Settings\All Users Desktop Kelly \MSDATA\ Ordinances \Street Vac 35th Avenue Southdoc
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Exhibit A
Street Vacation
35' Avenue South
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4 F a Transportation Committee
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TRANSPORTATION COMMITTEE
Meeting Minutes
November 12, 2008 5:00 pin. Conference Room #1 *Wednesday Meeting due to Holiday
PRESENT
Councilmembers: Pam Linder, Chair; Dennis Robertson and Verna Griffin (filling in for De'Sean Quinn)
Staff: Jim Morrow, Frank Iriarte, Peter Lau, Mike Mathia, Gail Labanara, Lisa Verner, Moira
Bradshaw, Jaimie Reavis, Jon Harrison
Guests Chuck Parrish
CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:05 p.m.
L PRESENTATIONS
No presentations.
H. BUSINESS AGENDA
A. East Marginal Wav Fiber Interconnect Proiect Bid Award
This project will use surplus overlay funds to install vaults, conduit and junction boxes to interconnect the traffic
signals on East Marginal Way South. Once all of the facilities are installed, the future overlay project will be much
easier to complete. We are trying to include miscellaneous conduit work with overlay work. Dennis asked that if the
overlay fund is not sufficient, then why are we using these funds on an interconnect project. In this case, the surplus
was unexpected and we did not have a road segment designed to overlay in this limited time period. This conduit
work is also not as weather sensitive as an overlay project. UNANIMOUS APPROVAL. FORWARD TO
NOVEMBER 17 REGULAR DUE TO TIME CONTRAINTS.
B. Sound Transit Street Vacation Ordinance
l' Sound Transit has requested a time extension on this final street vacation at 35"' Ave S to April 30, 2009.
Jim Morrow reported that with a street vacation, the property is split in half to the abutting property owners.
In this case it would be Sound Transit and WSDOT. WSDOT would like the land donated to them. We have
informed Sound Transit to work out the street vacation with WSDOT as Sound Transit facilities have been
built on entire parcel. Pam Linder requested an updated memo with all of the Sound Transit street vacations
listed in a chart. UNANIMOUS APPROVAL. FORWARD T O NOVEMBER 24 COW FOR
DISCUSSION.
C. Summary of State Auditor's Performance Audit on Impact Fees
Jim Morrow reported that staff had just attended classes regarding the I -900 initiative that authorized the
State Auditor to complete performance audits to determine leading or best practices. One of these audits
included impact fees. There were five recommendations on traffic impact fees and Tukwila currently has
four of these practices in place. The only recommendation lacking is incorporating a tracking system with
the Finance Depaitnient. As the City incorporated traffic impact fees in 2005, Pam Linder asked what the
public's comments have been regarding the process and the fees. Jim stated that there have been no
complaints regarding the traffic impact fees as the developers are easily able to determine the cost of their
potential traffic impact fees on any new development. INFORMATION ONLY.
D. Walk and Roll Nan Update
Jaimie Reavis summarized the significant changes including the comments from the State Community Trade
and Economic Development and Transportation Depai tiiients. There was agreement that when the Council
chooses a new source of funding that a percentage of that new revenue should be dedicated to projects from
the Plan. A question was asked about bike facilities from Klickitat into Southcenter and along Southcenter
Pkwy. Staff responded that Southcenter Pkwy isn't a regional route for commuters and that it acts as a