HomeMy WebLinkAboutReg 2023-12-04 Item 6 - Public Hearing - Ordinance Terminating a Condition to Vacate Portion of 35th Avenue South Remain Open to Pedestrian TrafficCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/13/23
JR
12/4/23
JR
ITEM INFORMATION
ITEM No.
6 & 7.A.
STAFF SPONSOR: GRIFFIN LERNER
ORIGINAL AGENDA DATE: 11/13/23
AGENDA ITEM TITLE
Street Vacation
Resolution Setting
Amendment
Public Hearing
11/13/23
❑ Motion
Mtg Date
❑ Bid Award
Mtg Date
❑ Other
Mtg Date
CATEGORY 11 Discussion
11 Resolution
111 Ordinance
11 Public Hearing
Mtg Date
Mtg Date 11/13/23
Mtg Date 12/4/23
Mtg Date 12/04/23
SPONSOR ❑Council ❑Mayor HR ❑DCD Finance Fire TS P&R Police Pr Court
SPONSOR'S In October of 2001, City Council adopted Ordinance 1978, vacating a portion of 35th Ave
SUMMARY South adjacent to Sabey Data Center. In 2021, Sabey applied for and obtained a
construction permit to physically secure the perimeter of the Intergate East Campus in an
effort to curb crime and theft. To remove these easements, the City Council must approve a
Resolution in a Public Hearing setting, scheduled for 12/04/23 to consider the proposed
amendment.
REVIEWED BY
r Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
11/06/23 COMMITTEE CHAIR: TOSH SHARP
❑ LTAC
DATE:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to C.O.W. & Public Hearing on 12/4
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/13/23
Resolution approved
12/4/23
MTG. DATE
ATTACHMENTS
11/13/23
*Refer to 11/13 C.O.W. Meeting*
12/4/23
Final Ordinance
185
186
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, TERMINATING A CONDITION IN
ORDINANCE NO. 1978 THAT THE VACATED PORTION OF 35TH
AVENUE SOUTH REMAIN OPEN TO PEDESTRIAN TRAFFIC;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation
procedures including a public hearing by resolution, review and comment, public notification, and
submittal of relevant information to City Council; and
WHEREAS, on October 15, 2001, the City Council adopted Ordinance No. 1978, vacating a
portion of 35th Avenue South; and
WHEREAS, Ordinance No. 1978 included a condition that the vacated portion of 35th Avenue
South remain open to pedestrian traffic; and
WHEREAS, consistent with this condition, the vacated portion of 35th Avenue South has
remained open to pedestrian traffic, but due to property transactions in the vicinity since 2001, the
vacated portion of 35th Avenue South does not connect to any other pedestrian facility and is
therefore of no value as a pedestrian way; and
WHEREAS, in recent years, due to the isolation of the vacated portion of 35th Avenue South
and the fact that it does not connect to any other pedestrian facility, it has become a magnet for
illegal activities that threaten the health and safety of the neighborhood; and
WHEREAS, the City Council passed Resolution No. 2080, dated November 13, 2023,
fixing the time for a public hearing regarding a vacation of right-of-way within the City of Tukwila
dedicated for street purposes; and
WHEREAS, the City Council hereby finds that since the pedestrian use of the vacated portion of
35th Avenue South has no value, and since continuing illegal activities on that property pose a
threat to the local community, it is in the best interest of the public health, safety and welfare of
the City to terminate the condition in Ordinance No. 1978 requiring that the vacated portion of
35th Avenue South remain open to pedestrian traffic;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
HEREBY ORDAINS AS FOLLOWS:
CC:\Legislative Development\Termination of 35th Ave S vacation condition 11-27-23
G. Lemer A. Youn
Page 1 of 2
187
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing
recitals and incorporates them herein as support for this ordinance.
Section 2. Termination of Condition. The condition set forth in Ordinance No. 1978,
requiring that the vacated portion of 35th Avenue South remain open to pedestrian traffic, is
hereby amended to terminate said condition, which shall be null and void upon passage of this
ordinance.
Section 3. Recording by City Clerk. The City Clerk is hereby directed to record a certified
copy of this ordinance with King County following its adoption.
Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections
to this, including the correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and section/subsection numbering.
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 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 , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachment: Exhibit A — Map
CC:\Legislative Development\Termination of 35th Ave S vacation condition 11-27-23
G. Lerner A. Youn
Page 2 of 2
188
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