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HomeMy WebLinkAbout11-104 - Sound Transit - Dispute Resolution Settlement Regarding Noise and ParkingV 11 -104 Council Approval N/A Dispute Resolution Settlement Agreement Regarding Noise and Parking Between City of Tukwila, Washington And Sound Transit (Reference City Contract Number 04 -086) The purpose of this Dispute Resolution Settlement Agreement is to confirm the agreement between Sound Transit and City of Tukwila regarding the issues discussed during the dispute resolution process initiated on November 9, 2010. Since the opening of the light rail system in July 2009, issues have arisen between the City and Sound Transit regarding noise and parking at the Tukwila International Boulevard Light Rail Station (Tukwila Station). Over the past few months, Sound Transit and the City have met in a good -faith effort to resolve these disputes, as provided for in the Development and Transitway Agreement executed between our two agencies in December 2004. We have reached a mutually satisfactory resolution of the issues and both agencies remain committed to working together in a collaborative manner to see that the commitments included in this letter are completed in a timely and efficient manner. To this end, the City and Sound Transit have agreed to settle the disputes as follows, subject to necessary approvals: Link Light Rail Noise Mitigation A dispute arose following initial noise level readings in the First Year Noise and Vibration Testing Results prepared by Michael Minor and Associates (dated December 9, 2009), which exceeded the FTA noise criteria in certain places along the Link Light Rail route in Tukwila. The resolution to this dispute is as follows: 1. Sound Transit is currently in compliance with the FTA noise criteria, and will continue to comply with the FTA noise criteria throughout the City. 2. Sound Transit will install approximately 2700 feet of Type I noise barrier in the vicinity of the Duwamish River neighborhood area, replacing the existing Type II noise barrier. The existing Type 2 barriers in three other locations will remain. 3. Sound Transit will mitigate and maintain noise levels at all other locations along the alignment with measures that may include continued use of Type 2 noise barriers, rail grinding, track lubricators, residential sound insulation, or other measures as determined by Sound Transit to be necessary and effective. 4. Sound Transit will prepare a supplement to the 2010 noise report required under the Unclassified Use Permit addressing the proposed mitigation; a schedule for installing the Type 1 barriers, reasoning for proposing Type 1 barriers as mitigation in the Duwamish River neighborhood area; durability of Type 2 noise 6_ of 0 x n Y barriers; maintenance and/or replacement requirements for the Type 2 noise barriers; and commitment and schedule for monitoring. The supplement to the noise report will be submitted to the City within 30 days of the effective date of this Agreement. 5. The goal of the Parties is to maintain and monitor noise mitigation as necessary, and to sunset the monitoring requirement within two years following completion and submission of the 2011 Wheel -Rail Noise Study to the City, as contemplated by the original UUP noise condition, unless the Parties mutually agree to an extension. In 2011, the City will perform a review of the 2010 noise report and supplement including field measurements of noise and vibration. Sound Transit will not submit a 2011 noise and vibration report but will submit a 2012 report following installation of the Type 1 barrier, and will submit a 2013 final report. Sound Transit will develop and implement a long -term noise maintenance and monitoring program based on recommendations in the 2011 Wheel -Rail Noise Study, authorized by the Sound Transit Board on March 10, 2011. Sound Transit will share the monitoring results with the City at various intervals, as recommended in the study. 6. The City will review the supplement to the 2010 noise report, for compliance with the original UUP noise condition. Any permit applications and nighttime noise variance application required for installation of the Type 1 noise mitigation will be reviewed administratively and concurrently. A public works permit (long term type D) will be required for installation of the Type 1 barriers, but a building permit is not required. There will be a public informational meeting and comment period for the above mentioned actions and the City will issue its decisions in a timely manner. The City's decisions may be appealed to the City Hearing Examiner. Tukwila International Boulevard Light Rail Station Parking A dispute arose regarding the need for additional parking at the Tukwila Station, consistent with the City's 2004 Parking Determination. The resolution to this dispute is as follows: 1. Conditions have changed since the 2004 Parking Determination was issued by the City. Sound Transit's long -term strategy is to extend light rail to South 200 Street on an accelerated schedule, subject to Sound Transit Board approval anticipated in July 2011, where 600 to 1050 additional parking stalls are currently planned. It is anticipated that the South 200 and University Link projects will be completed in 2016 when passenger service will commence. It is further anticipated that the addition of parking spaces south of the Tukwila Station, will provide an attractive alternative for some of the current users of Tukwila Station parking. 2 2. Sound Transit shall provide the Airport Link Extension Parking Demand Study to the City within 30 days of the effective date of this Agreement. 3. Sound Transit shall continue to monitor on -site and off -site Link Light Rail related parking utilization, and implement measures to help mitigate significant hide ride parking should it occur as required by the 2004 Parking Determination. 4. Following a twelve month period of operation of the South 200 and University Link projects (2017), during which service levels and ridership are expected to normalize, Sound Transit will prepare and submit to the City a parking study for the Tukwila Station based on a mutually agreed upon scope of work. No other parking studies will be required until this time except the scope of work shall be submitted as part of the Parking Determination amendment request referenced in paragraph 6 below. 5. The City shall defer the requirements of the July 1, 2004 Parking Determination, including the requirement to provide additional parking at the Tukwila Station, until December 31, 2017, provided Sound Transit makes measurable progress to accelerate the extension to South 200 The measurable progress shall include obtaining Sound Transit Board approval; obtaining all required permits from the City of SeaTac; and awarding the contract for construction so that additional parking is constructed prior to University Link opening. 6. Sound Transit and the City will work together in good faith to identify potential revisions to the 2004 Parking Determination consistent with this Agreement and Sound Transit will request amendments to the 2004 Parking Determination, together with all supportive documents before December 31, 2012. This will be processed as a Type II Decision pursuant to the City's Land Use Code. The parties have executed this Agreement as of the last date indicated below. This Agreement shall become effective subject to approval by the Sound Transit Board. SOUND TRANSIT By M ice( Joan arl, CEO Date: lya, 2011 CITY OF TUKWILA By Steve Lancaster, City Administrator Date: July 4, 2011 rM