Loading...
HomeMy WebLinkAboutReg 2003-10-06 Item 6A - Ordinance - Repeal Ord #1993 Street Vacation of Macadam RoadCAS Number: 03-124 Agenda Item Title: Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): Meeting Date Meeting Date 10/06/03 O3 1 a 4 (Re£_ 02 -049 Repeal Ordinance 1993. COUNCIL AGENDA SYNOPSIS I Meeting Date 1 5/6/02 1 6/3/02 1 8/5/02 1 10/06/03 Council On August 19, 2002, Council approved Ordinance 1993 vacating Macadam Road from Southcenter Blvd to Old Bluff Street (old 65th S.), listing five conditions to be satisfied by Sept. 30, 2003. (File 3.40.55) Adopt ordinance repealing Ordinance 1993 C I Prepared by ILJM I LIM ILJM ILJM F�thi1Zit P Ch'clin nro in final f-' Initials I Mayor's review Council review I I I I I I I I _L I TEEM T N F ORMAT:ION Original Agenda Date: /04/a Admin. Action Attachments Information Memo dated October 3, 2003. Exhibit A Ordinance 1993 Exhibit B Vacation Limits Exhibit C Minutes from 06/03/02 08/19/02 Council Meetings Public Works ITEM No. 6. a, INFORMATION MEMO To: Mayor Mullet From: Public Works Director Date: October 3, 2003 Subject: 3.40.55 Vacation of Macadam Rd. from Southcenter Boulevard to Old Bluff Road ISSUE Ordinance 1993 approves the above vacation provided five conditions are met by September 30, 2003. None of the five conditions has been met, including compensation of $105,327.00 for the right -of -way. Exhibit A. BACKGROUND This vacation petition is associated with the Schneider Homes proposal to build a new office building on parcel 000320 -0014. Exhibit B. On September 4, 2001, petitioners Gerald Schneider and Kevin Klotz provided a complete Request for Vacation, including the required signatures of owners of 2/3 of the property abutting Macadam, and an appraisal. On June 3, 2002, Council held a public hearing and on August 19, 2002, Council approved Ordinance 1993. On August 26, 2002, the Applicants were notified by mail of Council approval and were alerted to the expiration date. On June 12, 2003, Public Works sent a reminder of expiration to the Applicants. According to Ordinance 1993 and to TMC 11.60.030, the vacation and application expires two years from date of application, if the conditions have not been met and compensation has not been paid. RECOMMENDATION Approve this ordinance, which repeals Ordinance 1993. CC: File 3.40.55 EXHIBIT A ORDINANCE 1993 CITY OF TUKWILA FILE 3.40.55 City of Tukwila 'Washington Ordinance No. g9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE. CITY, GENERALLY DESCRIBED AS MACADAM ROAD, A 60 -FOOT WIDE RIGHT -OF -WAY, FROM SOUTHCENTER BOULEVARD TO OLD 65th AVENUE SOUTH, PREVIOUSLY KNOWN AS OLD BLUFF STREET; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, TMC 11.60 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 done; and WHEREAS, the City of Tukwila City Council conducted a public hearing on June 3, 2002, for the purpose of considering the vacation of certain property located in the City of Tukwila, asdescribed above; and WHEREAS, water, sewer and power utilities exist in the right -of -way proposed for vacation; and and WHEREAS, the Petitioner currently uses City property and right -of -way for parking; WHEREAS, the Petitioner provided a fair market appraisal per TMC 11.60; and WHEREAS, following conclusion of the public hearing, the City Council found the property should be vacated, subject to conditions identified in this Ordinance; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. The following property located in the City of Tukwila is hereby vacated: Macadam Road, a 60 -foot wide right -of -way from Southcenter Boulevard to Old 65th Avenue South (Old Bluff Road), and more particularly shown in attached Exhibit A and Exhibit B. Section 2. Conditions. By September 30, 2003, the Petitioners, Gerald E. Schneider and Kevin G. Klotz, shall complete the following conditions to the City Of Tukwila's satisfaction: 1. Compensation to the City of Tukwila in the amount of $105,327, full valuation, since the right -of -way has been part of a dedicated right of way for more than 25 years. 2. Removal of existing parking on City-owned parcel 000320 -0023, 5. Provision of an access easement for ingress /egress to parcel 000320 -0014. Section 3 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 4. 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 5. 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 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by law, provided that the vacation specified above shall not become effective until the conditions contained herein have been fully satisfied. PASSED BY THE CITY COUNCIL OF THE CTf' OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this l y day of Lttp,2_t 2002. �}ea tv ive Steven M. Mullet, Mayor 3. Removal of parking in Old 65th Street (Old Bluff Street) right -of -way, 4. Provision of utility easement for installation, maintenance, and repair of water, sewer, and electrical utilities, ATTEST AU N T ICATEE D: E. Cantu, CMC, City Clerk A1fl 'LS TO FORM: B)k_ Office of the City Attorney FILED WITH THE CITY CLERK: 43 PASSED BY THE CITY OUNCIL: PUBLISHED: s 2 3 /5 EFFECTIVE DAT c -0.2'/ ORDINANCE NO.: 9 3 Exhibit B Proposed Vacation Limits North SE 23-23-4 EXHIBIT C COUNCIL MINUTES CITY OF TUKWILA FILE 3.40.55 4 Pages 6:00 p.m. Executive session began. 6 p m Executive session ended. OFFICIALS: CITIZEN COMMENT: None. CONSENT AGENDA: TUKWILA CITY COUNCIL June 3, 2002 Tukwila City Hall Council Chambers Executive Session 6 to 7 p.m. Pending Litigation Pursuant to RCW 42.30.110(1)(i) REGULAR MEETING 7:00 p.m. CALL TO ORDER/PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7:00 p.m. was Steven M. Mullet, Mayor. ROLL CALL: Calling the roll of Council was Bob Baker, Deputy City Clerk. Present were Council President Richard Simpson; and Councilmembers Joe Duffle; Joan Hernandez; Pam Carter; Jim Haggerton; Pamela Linder and Dave Fenton. John McFarland, City Administrator; Lucy Lauterbach, Legislative Coordinator, Bob Noe, City Attorney; Jim Morrow, Public Works Director; Bruce Fletcher, Director, Parks and Recreation Department; Steve Lancaster, Community Development Director; Evelyn Boykan, Human Services Coordinator; and Bob Baker, Deputy City Clerk. a. Approval of Minutes May 20, 2002 Regular Meeting b. Approval of Vouchers 236404 236652, in the amount of $742,093.61 c. Authorize Mayor to sign an Interlocal Agreement with the City of Des Moines for Video Services and Facilities d. Authorize the City to serve as Fiduciary Agent for the South King County Drug Task Force for the period of July 1, 2002 through June 30, 2003. e. Authorize Mayor to negotiate the Scope of Work and Terms of the landscape architect with the Berger Partnership for the Foster Golf Links course renovations project DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA; AS PRESENTED. The motion carried 7 -0. /PUBLIC HEARING REQUEST FOR VACATION OF A PORTION OF MACADAM ROAD FROM SOUTHCENTER BOULEVARD TO OLD BLUFF ROAD (behind Schneider Homes at 65 Jim Morrow informed Council the request is associated with Schneider Homes' proposal to build a new office building on parcel 000320 -0014; at 6540 Southcenter Boulevard. The zoning is Office and the building is anticipated to be 15,000 square feet, three stories high. The vacation request is submitted in order to meet parking requirements associated with the proposed building. The Public Works Department sent notices to all utilities and property owners within 500' of the property regarding the public hearing. No utilities exist in the right -of -way and the vacation will not negatively affect legal access for abutting properties. No written objections to the vacation have been received. The only condition for vacation is compensation for the right of way at fair market value. The appraisal provided by the petitioner appears to include a part of Macadam, which was vacated under Ordinance 671. Therefore, Schneider Homes has agreed to provide an amended appraisal. To date, the amended appraisal has not been received. 7:08 p.m. Mayor Mullet opened the public hearing. No citizens were present. 7:09 p.m. Mayor Mullet closed the public hearing. City of Tukwila Page 2 of 4 City Council Regular Meeting Minutes June 3, 2002 Council deliberated the issue by asking questions of Mr. Morrow. Summarily, Council agreed an ordinance was required to effect the vacation. Additionally, they agreed to forward this item to a City Council Regular meeting wherein they can adopt such an ordinance. OLD BUSINESS: a. Authorize the Mayor to sign the Memorandum of Agreement between Sound Transit and the City of Tukwila relating to the Central Link Light Rail Tukwila Freeway Route For the benefit of audience members, Steve Lancaster, Director of Community Development, gave an overview of the provisions contained within the proposed Memorandum of Agreement provisions. Responding to inquiries from the City Council, Mr. Lancaster clarified various portions of the Memorandum of Agreement. Discussed were such items as federal monies, disagreements with portions of the proposed agreement, including the "preferred route" and some issues with whereas clauses. Responding to an inquiry from Mr. Haggerton, Steve Lancaster noted that if Council does not sign the proposed agreement, an unclassified use permit would be the next step for Sound Transit. Additionally, he noted route selection is final. Stuart Jenner. 200 SW 178 Street Normandy Park. noted that pressure to sign the proposed agreement must exist. He urged the Council to review data that is accurate and "not cooked." Although Mr. Jenner voted in favor of the project in 1995 and 1996, he is now opposed to its proposed route. Tony Carosino. 11245 East Marginal Way South, Tukwila. responding to hearsay from the last City Council meeting, clarified for all that neither he, nor his family, had been contacted by Sound Transit staffers to discuss purchase of his family's farmstead. As of this date, Sound Transit has contacted him and would like to meet with the family to discuss such a potential. Mr. Carosino's mother is the owner of the parcels in question (3 of them) and is the spokesperson for the parcels. Anna Bernhard. 14241 59 Avenue South, Tukwila, called the proposed agreement "ridiculous She encouraged Council to "take a stand" and not authorize signature on the proposed agreement. Arlene White. 4814 South 144"' Street, Tukwila. made a "plea for the homeowners? She noted the proposed Memorandum of Agreement should contain a provision for the homeowners. Stating her feelings of not being "regarded" Ms. White noted Sound Transit has not spoken with her or her neighbors about environmental, sound and other impacts, should the train be sited near her home. Allen Ekberg. 4920 South 161 Street, Tukwila. encouraged Council not to allow Sound Transit to "tie" their hands. Additionally, he (again) offered support for an LID in the affected area. John McFarland, City Administrator, explained the history of the proposed routes, beginning with that of E -1. Thereafter, it was decided that this item would be moved to the June 10 COW agenda for further deliberation, with a potential for a Special meeting directly thereafter for voting on the Memorandum of Agreement. b. Authorize the Mayor to sign a Purchase and Sale Agreement for property located at 3501 South 142 Street, for the Cascade View Park project Bruce Fletcher, Parks and Recreation Director, noted that in September 2000, Council authorized the purchase of available property in the Cascade Neighborhood area. Authorization was also given to make offers on other properties identified for the future Cascade View Park site. The Parks and Recreation Department was successful in its application for grant funds to the Interagency Committee for Outdoor Recreation (IAC) in the amount of $95,000.00. These funds will be used to purchase the last remaining property to complete Cascade View Park. At this time the City and property owners have come to a mutual agreement for the sale of property located at 3503 South 142 The total purchase price is $165,000.00, with a closing date of June 14, 2002. To make the deal effective, at fair market value acceptable to the City and the IAC grant funds, the City has agreed to allow the seller to stay on the property, rent -free, for 426 days. With the purchase of this property, the City will have Phase II of Cascade View Park in the near future, without a residential house separating the park property lines. It is anticipated that once the City takes possession of the property, the home will be demolished and grass will be planted, until such time as money is available to do more in the area. OFFICIALS: TUKWILA CITY COUNCIL August 19, 2002 7:00 p.m. Tukwila City Hall Council Chambers REGULAR MEETING MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7:03 p.m. was Mayor Steven M. Mullet. ROLL CALL: Calling the roll of Council was Jane Cantu, City Clerk. Present were Council President Richard Simpson; and Councilmembers Joe Duffle, Joan Hernandez; Pam Carter, Jim Haggerton; Pamela Linder and Dave Fenton. John McFarland, City Administrator; David St. Pierre, Assistant City Attorney; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Lucy Lauterbach, Legislative Coordinator; Jim Morrow, Public Works Director; Steve Lancaster, Community Development Director; Bruce Fletcher, Parks Recreation Director, Keith Haines, Chief of Police; Mike Villa, Lieutenant, Tukwila Police; Minnie Dhaliwal, Senior Planner. SPECIAL PRESENTATIONS: a. Introduction of new employee Alder Hendrickson. Recreation Program Assistant, Senior Services, Tukwila Community Center Bruce Fletcher, Parks and Recreation Director, introduced Ms. Alder Hendrickson. Ms. Hendrickson is a Foster High School and Central Washington University graduate formerly involved with the TCC Winter Camp program. With a shift in focus, Ms. Hendrickson will work with the Senior programs. The former flight attendant was the 1994 ASB President and Athlete Scholar of the Year. b. Valley Special Response Team Uodate Keith Haines, Chief of Police, explained the Valley Special Response Team is commonly referred to as a SWAT team. He noted activities are on the rise for this Special Response Team (SRT). The Chief then introduced Lieutenant Mike Villa, the new Team Commander of the SRT, with duties to begin in September 2002. Using Microsoft Power Point to make the presentation, Lt. Villa informed Council on member cities who comprise the SRT. They include Renton, Auburn, Tukwila (from 1991 present) and recently added Kent, Port of Seattle and Federal Way. Lt. Villa reviewed the history of the SRT; it's organization, mission, concepts, and deployments or "callouts" for service. Noteworthy is the fact that in 1999 there were only 21 deployments. Thus far, in 2002, there have been 42. The officers assigned to the SRT complete those duties separate and aside from their specific duties within the Tukwila Police Department. Members from Tukwila include Officers Mark Dunlap, Reed Lancaster, Phil Glover, Mark Renninger, Shawn Robertson and David Cruz. Each of the men receive specialized training in the areas of warrant service; building clearance; hostage rescue; planes, trains, automobiles and busses; maritime operations and firearms. Utilizing special equipment, these men are called out to serve however possible; and in many cases, work with members of the Federal Bureau of Investigations. To close the presentation, Lt. Villa fielded questions from various Councilmembers on operations, procedures, weapons, and terms of service on the SRT. City of Tukwila City Council Regular Meeting Minutes rather than Low Density Residential; and finally by re- naming Exhibits 1 and 2 to "Exhibits 3 and 4** *THE MOTION TO AMEND THE MAIN MOTION CARRIED 7 -0. *THE MAIN MOTION, AS AMENDED, CARRIED 7 -0. APPROVED ORDINANCE #1992 An ordinance vacating a portion of Macadam Road from Southcenter Boulevard to Old Bluff Road (Behind Schneider Homes at 65"1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, GENERALLY DESCRIBED AS MACADAM ROAD, A 60 -FOOT WIDE RIGHT -OF -WAY, FROM SOUTHCENTER BOULEVARD TO OLD 65 AVENUE SOUTH, PREVIOUSLY KNOWN AS OLD BLUFF STREET; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE DUFFIE MOVED; FENTON SECONDED; READING OF THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 7 -0. David St. Pierre, Assistant City Attorney, read the title of the proposed ordinance, DUFFIE MOVED; FENTON SECONDED; ADOPTION OF THE PROPOSED ORDINANCE AS PRESENTED. The motion carried 7 -0. APPROVED ORDINANCE #1993 NEW BUSINESS: Page 4 of 6 Aug. 19, 2002 d. A motion formally naming the new Cascade View neighborhood park to "Cascade View Community Park" CARTER MOVED; LINDER SECONDED; TO FORMALLY NAME THE NEW CASCADE VIEW NEIGHBORHOOD PARK TO "CASCADE VIEW COMMUNITY PARK The motion carried 7 -0. e. Authorize Mayor to sign a contract with Lydia Aldredge, Archetype, in an amount not to exceed $43,000.00, plus WSST, for the Cascade View Park Artistic Design Project. HERNANDEZ MOVED; SIMPSON SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH LYDIA ALDREDGE, ARCHETYPE, IN AN AMOUNT NOT TO EXCEED $43,000.00, PLUS WASHINGTON STATE SALES TAX, FOR THE CASCADE VIEW COMMUNITY PARK ARTISTIC DESIGN PROJECT. The motion carried 7 -0. a. A RESOLUTION REJECTING ALL BIDS FOR THE CASCADE VIEW PARK PROJECT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REJECTING ALL BIDS SUBMITTED FOR THE CASCADE VIEW PARK CONSTRUCTION AND 37 .m AVENUE SOUTH STREET IMPROVEMENTS DUFFIE MOVED; LINDER SECONDED; READING OF THE PROPOSED RESOLUTION BY TITLE ONLY. The motion carried 7 -0. David St. Pierre, Assistant City Attorney, read the title of the proposed resolution. DUFFIE MOVED; LINDER SECONDED; ACCEPTANCE OF THE PROPOSED RESOLUTION AS PRESENTED. The motion carried 7 -0. APPROVED RESOLUTION #1497 City of Tukwila Washington Ordinance No. EXHIBIT D AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE 1993, WHICH VACATED WITH CONDITIONS CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS MACADAM ROAD, A SIXTY -FOOT WIDE RIGHT -OF -WAY, FROM SOUTHCENTER BOULEVARD TO OLD 65th AVENUE SOUTH, PREVIOUSLY KNOWN AS OLD BLUFF STREET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, TMC 11.60 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 done; and WHEREAS, on September 20, 2001, the Public Works Department deemed the Petition for Vacation complete; and WHEREAS, water, sewer and power utilities exist in the right -of -way proposed for vacation; and WHEREAS, the Petitioner currently uses City property and right -of -way for parking; and WHEREAS, the Petitioner provided a fair market appraisal per TMC 11.60; and WHEREAS, the City of Tukwila City Council conducted a public hearing on June 3, 2002, for the purpose of considering the vacation of certain property located in the City of Tukwila, as described above; and WHEREAS, the City of Tukwila City Council, on August 19, 2002, found the property should be vacated, subject to satisfaction of conditions in Ordinance 1993 be met by September 30, 2003; and WHEREAS, none of the conditions were met by September 30, 2003 and the petition has expired; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 1993 is hereby repealed. Section 2. 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 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2003. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Street Vacation 1993 10/2/03 Steven M. Mullet, Mayor Filed with the City Clerk. Passed by the City Council: Published: Effective Date: Ordinance Number: