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HomeMy WebLinkAboutCOW 2010-04-26 Item 4A - Public Hearing - Ordinance Vacating 14403 51st Avenue South / Old Macadam Road (Rick Tsang, Petitioner)EXPENDITURE REQUIRED Fund Source: Comments: MTG. DATE 04/26/10 MTG. DATE 04/26/10 05/03/10 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 04/26/10 BG 05/03/10 BG Initials AMOUNT BUDGETED Mayor's review I Council review KiJ 2 k ITEM INFORMATION I CAS NUMBER: 10-047 ORIGINAL AGENDA DATE: APRIL 26, 2010 AGENDA ITEM TITLE An Ordinance for Tsang Street Vacation CATEGORY Discussion Motion n Resolution Ordinance Bid Award Public Hearing Other Mtg Date 04/26/10 Mtg Date Mtg Date Mtg Date 05/03/10 Mtg Date Mtg Date 04/26/10 Mtg Date SPONSOR Council Mayor Adm Svcs n DCD Finance Fire Legal P&R n Police PW/ SPONSOR'S The petitioner, Mr. Rick K. Tsang, provided a complete request for a street vacation of the SUMMARY property abutting 14403 51 Avenue South. Mr. Tsang is the only abutting property owner. The Public Hearing on the Street Vacation was set by Resolution #1709 and is being conducted 4/26/10. The Council is being asked to consider the attached ordinance vacating the street. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. n Parks Comm. DACE: 3/15/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMITILE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 04/26/10 Ordinance in draft form with map as Exhibit A City GIS map Petition for Vacation of Street ST VAC 3.40.72 Resolution No. 1709 setting Public Hearing date of 04/26/10 Minutes from the Transportation Committee meeting of 3/15/10 ITEM No. Transportation Cmte Planning Comm. APPROPRIATION REQUIRED 109 110 RECOMMENDATION City of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Jim Haggerton Committee of the Whole FROM: Bob Giberson, Public Works Director DATE: April 26, 2010 SUBJECT: 14403 51s Avenue South Street Vacation File Number 3.40.72 ISSUE An ordinance vacating a portion of the street at 14403 51 Avenue South. BACKGROUND The petitioner, Mr. Rick K. Tsang, provided a complete request for a street vacation of the property abutting 14403 51 Avenue South and a comprehensive appraisal. Mr. Rick K. Tsang is the only abutting property owner. On April 5, 2010 the Council passed Resolution 1709 setting a public hearing date of April 26, 2010. This issue has been before the Transportation Committee, and this is the next step in the process. 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 $27,000.00, based on the fair market value appraisal. The Council is being asked to consider this item and approve the ordinance at the April 26, 2010 Committee of the Whole meeting and subsequent May 3, 2010 Regular Meeting. attachments: Ordinance with Exhibit A Map CityGls map Petition for Vacation of Streets 3.40.72 Resolution No. 1709, setting Public Hearing date of 4/26/10 W :\2010 InfoMemos\StreetVacOrd.doc Jim Haggerton, Mayor 111 112 RAFT 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 60 FEET BY 85 FEET ALONG 14403 51ST AVENUE SOUTH AND WITHIN A PORTION OF OLD MACADAM ROAD; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILPI'Y; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 9, 2010, the Public Works Department deemed the Petition for Vacation complete; and WHEREAS, Tukwila Municipal Code Chapter 11.60 identifies street vacation procedures, including public notification, a public hearing, review and comment, and submittal of relevant information to the City Council, all of which have been accomplished; and WHEREAS, utilities do not exist in the right -of -way proposed for vacation; and WHEREAS, on April 26, 2010, following required public notification, the City Council conducted a public hearing on the matter, and at the conclusion of the public hearing, determined the aforementioned 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 property located in the City of Tukwila, described as follows and depicted on the map attached as Exhibit A, is hereby vacated: Approximately 60 feet by 85 feet along 14403 51st Avenue South and within a portion of Old Macadam Road. B. This vacation is conditioned upon receipt of compensation to the City of $27,000.00 by June 15, 2010. Section 2. Duties. A. The City Clerk is hereby directed to record this ordinance with King County, upon determination by the Public Works Director that the conditions referenced above have been satisfied. B. Upon the recording of this ordinance with King County, the Public Works Department shall amend the City's official street map to be consistent with this ordinance. W:\ Word Processing Ordinances \Street Vacation list Ave So.docx DM:ksn 04 /21/2010 Page 1 of 2 113 114 Section 3. 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 4. 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 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 2010. ATTEST/ AUTHENTICATED: 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: W:\ Word Processing\ Ordinances Street Vacation 51st Ave So.docx DM:ksn 04/21/2010 Page 2 of 2 Exhibit A Map Site Macadam Road South South 144th Street Right-of-Way Vacation Area 5,064 SF Portion of NW 1/4, 23-23-04 115 Right-of-Way Vacation Area 14403 51st Avenue South Bonsai Northwest CityGIS 116 PETITION FOR VACATION OF STREETS PURSUANT TO RCW 35.79 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.) S2 U 5R. Q- G,,,t G C- �x r V tCSL T s, C') v 2. The names aod addresses of ALL property owners abutting on the property to be follows: (do not include City -owned property) Owner Name Property Address Lorint) t cl< 1 t_ k i6. U j 14- s Q SI.N "'1 c 'T: Tg k 1 r I I 3. Petitioner signatures. Only owners of property abutting the street to be vacated may petition. For the petition to be valid, the signers must account for at least 2/3 of the property, by length, abutting the right -of -way: (do not include City -owned property) -Owner Name si Property Address Total ft nature) AK-c t3 _(feet) "(.C. 7 11 144 `3 S fX\I Z S T�1c\-' A 1 ti a IIs -1 2-- '-'Ji-r-- _y i v C lJ Fir e 4. In accordance with Resolution 1499, the $1200 fee for street vacation has been received. DAB RECEIPT NO. CLERK SIGNATURE uhf -I�, t vacated are as Total frontage f feet) I 9 1 1-6© 117 118 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 60 FEET BY 85 FEET ALONG 14403 51st AVENUE SOUTH AND WITHIN A PORTION OF OLD MACADAM ROAD. WHEREAS, the property owner abutting the right -of -way has petitioned the City to vacate a portion of 51st Avenue South and a portion of Old Macadam Road; 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 regarding the vacation of a portion of 51st Avenue South and a portion of Old Macadam Road, adjacent to 14403 51st Avenue South and depicted on the map attached as Exhibit A, shall be held before the Tukwila City Council in the City Council Chambers at Tukwila City HaIl, 6200 Southcenter Boulevard, Tukwila, Washington, on April 26, 2010, 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 hearing. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 5 J 1-/ day of /it' r, L 2010. ATTEST AUTHENTICA I ED: „A„, 77 bennis Robertson, Council President Chris O'Flafrt CMC, City �k t3' Y APPROVED AS TO /F9M BY: Office of the City Attorney Attachment: Exhibit A Map City of Tukwila Washington Resolution No. 1 O 9 W: \Word Processing Resolutions \Street Vacation 51st Ave So.docx DM:ksn 03/29/2010 Filed with the City Clerk: -.1 C' Passed by the City Council: L .3 L Resolution Number: I '•1 0 Page 1 of 1 119 120 TRANSPORTATION COMMITTEE Meeting Minutes March 15, 2010 5:00 p.m. Conference Room 1 CALL TO ORDER: The meeting was called to order at 5:01 p.m. I. PRESENTATIONS No presentations. City of Tukwila Transportation Committee PRESENT Councilmembers: Verna Seal, Chair; Joan Hernandez and De'Sean Quinn Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Cyndy Knighton, Mike Ronda, Peter Lau, Gail Labanara, and Steve Lancaster II. BUSINESS AGENDA A. Tukwila International Blvd Phases II III Construction Mamt Supplement #8 with KPG Staff is seeking full Council approval for Supplement No. 8 with KPG, Inc. in the amount $181,903.40. This supplement is for additional construction management by KPG and their sub consultants as the other construction management firm, Harris and Associates, are not fulfilling their contract. This grant- funded supplement will be covered by the anticipated savings from the under utilized Harris contract. The supplement also covers adding a pedestrian access stairwell at the 37 Ave S road closure. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. B. Resolution Setting Street Vacation Public Hearine Date for 14403 51s Ave S Staff is seeking full Council approval to set a Public Hearing date for the proposed street vacation at 14403 51 Ave S for April 26, 2010. A previous street vacation request was submitted in 2002, but a change in ownership caused it to be dropped. The process for street vacations includes a resolution to set a Public Hearing date, advertise and hold the Public Hearing, and then return to Committee and Council with the ordinance that defines the street vacation's conditions and compensation ($27,000.00). UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. C. Transportation Element Update to the Comprehensive Plan. Supplement No.1 with Fehr Peers Staff is seeking full Council approval for Supplement No. 1 for Optional Task A with Fehr Peers. The original contract was approved February 1, 2010 (see 1/19/10 TC minutes) and the EETP grant was approved March 15, 2010 (see 3/1/10 TC minutes). The Fehr Peers supplement for $55,000.00 and $14,500.00 of City staff time will be covered by the $69,500.00 EETP grant. The supplement will add pedestrian and bike level of service analysis for arterial streets in the City as well as establish a multi -modal transportation system. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW FOR DISCUSSION. D. Tukwila Urban Center Access (Klickitatl. Supplement No. 9 with HNTB Staff is seeking full Council approval for Supplement No. 9 with HNTB in the amount of $553,816.00. This supplement will cover the design changes required by WSDOT. Staff is currently pursuing Letters of Understanding with WSDOT for the final design, which may reduce the scope of work in this supplement. The project schedule now shows a two -year construction timeline. There is $400,000 budgeted for additional design, so remaining funds would come from the LID. Due to time constraints and WSDOT negotiations, staff requests discussion and approval at the 3/22 C.O.W. and the Special meeting that same night. UNANIMOUS APPROVAL. FORWARD TO MARCH 22 COW AND SPECIAL THAT SAME NIGHT FOR DISCUSSION AND APPROVAL. 121