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Home My WebLink AboutReg 2004-05-03 COMPLETE AGENDA PACKETTukwila City Council Agenda . . -:o REGULAR MEETING .:o ~., ~ Steven M. Mullet, Mayor Councilmembers: · Pam Carter · Joe Duffle Rhonda Berry, City Administrator · Dave Fenton · Joan Hemandez ~ Jim Haggerton, Council President · Pamela Linder · Dennis Robertson Monda,~, MJa.,,/ 3~ 2004; 7 PM a Ord #2043 · Res #1549 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL 2. CITIZEN At this time, you are invited to comment on items not included on this COMMENT/ agenda. To comment on an item listed on this agenda, please save CORRESPONDENCE your comments until the issue is presented for discussion. 3. CONSENT a. Approval of Minutes: April 19, 2004 (Regular). AGENDA b. Approval of Vouchers. c. Approve consultant's supplement to AG 03-141, with KPG, Inc., in the amount of $108,112.60, for construction services in connection with the 2004 Overlay Program (see 4/26/04 COW packet). d. Approve two Interlocal Agreements - one with King County and one with Washington State Department of Ecology - funding and implementing Tukwila's recycling and waste reduction assistance efforts (see 4/26/04 COW packet). e. Approve Memorandum of Understanding forming the Puget Sound Law Enforcement Information Exchange (LinX) (see 4/26/04 COW packet). f. Authorize an Interlocal Agreement between the City of Tukwila and the Tukwila School District. g. Accept Public Works Trust Fund Loan - $4,196,056.00, for construction of Cascade View Neighborhood Drainage Project. h. Accept Public Works Trust Fund Loan - $5,700,000.00, for construction of Allentown/Foster Point Water and Sewer Project. 4. PUBLIC Petition for vacation of Maule Ave. So. (between So. 14,3rd Street and HEARING So. 143rd Place) (petitioner Jerry Knudson). - 5. BID AWARD Award a bid to Watson Asphalt Paving Company, in the amount of $727,940.00 for the 2004 Overlay Pro,ram (see 4/26/04 COW packeO.~, 6. UNFINISHED a. A resolution renaming a portion of Fort Dent Way to Starfire Way. BUSINESS b. An ordinance repealing TMC Chapter 9.48 regarding Traffic Concurrency Standards, and adopting a new TMC Chapter 9.48. 7. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by calling the City Clerk's office 206-433-1800/TDD 206-248-2933. This notice is available at www.ci.Tukwila.wa.us, and also in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. Meeting Date Prepared b~v Mayor*x review Cquncil review 4/26/04 for~~j~ 5/o /o4 CAS Number: 04-059 I Original Agenda Date: April 26, 2004 Agenda Item Title: 2004 Over lay and Repair Program Consultant's Supplement Original Sponsor: Council _ddmin. Public Works Timeline: Sponsor's Summary: In December 2003, KPG began design of the 2004 Overlay and Repair Program. Final design is complete and the bid award for eonstruetiun is underway. This supplement is for KPG to perform construction management services for the overlay program for a fee not to exceed $108,112.60. Recommendations: Sponsor: Authorize the Mayor to sign supplement with KPG, Inc. Committee: Authorize Mayor to sign supplement and forward to COW for information only. As a supplement to an existing contract, no formal action is needed by Council. Administration: Same as Sponsor. Cost Impact (if known): $108,112.60 for a new contract amount of $176,636.39 Fund Source (if known): 104.02 Commercial Streets (pg. 42 2004 CIP) Meeting Date Action 4/26/04 COW; Discussion held. Consensus existed to forward the supplemental agreement to the May ~, 2004 R~r meeting for action. Meeting Date Attachments 4/26/04 Information Memo dated April 5, 2004 Supplemental,~greement No. 1 to Contract 03-141 Project No. 04-RWO1 Transportation Committee Meeting Minutes from ,~pril 12, 2004 5/0~/04 NO attachments CAS Number 04-063 Agenda Item Title: Original Sponsor: I Timeline: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): 4/26/04 Meeting Date 4/26/04 5/0$/04 b `-k -063 COUNCIL AGENDA SYNOPSIS I Meetin Date 05/03/04 /riitials 1 Prepared by 1 Mayor's review 1 Council review 1 I X. &a c I cseyww I ,j I Bb for RFoxl ITEM INFORMATION Original Agenda Date: April 26, 2004 Recycling Grants Interlocal Agreements Council Adtnin. xx The Recycling Program's residential and business assistance activities are completely grant- funded. No City funds are used. Every two years, apply for and receive a grant from King County and a grant from Washington Department of Ecology. In order to receive its funding, Tukwila is required to sign an interlocal agreement for each grant. We request that the Council authorize the Mayor to sign the interlocal agreement as required. Authorize mayor to sign interlocal agreements Refer to COW $92,062 (two -year total to be spent between 1/1/04 and 12/31/05) King County Solid Waste Division and Washington Dept of Ecology RECORD OF COUNCIL ACTION cow; Discussion. Consensus existed to forward the (two) Interlocal Agreements to the May 3, 2004 Regu±ar_meeting for action. Memo with interlocal agreements APPENDICES Attachments M11 ,�J 1IJIII Ol 4J26/04- No attachments. ITEM NO. 3, o� COUNCIL AGENDA SYNOPSIS ................... Initials ................ ITEM NO. Meeting Date . Prepared by M~eview Council review May 3, 2004 K, Haines , ~.~[/~.t. ~ ~'~. .~ , · ' Original CAS Number: 04-056 Agenda Date: April 26, 2004 Agenda Item Title: Memorandum of Understanding Forming the Puget Sound Law Enforcement Information Exchange (LinX) Original Sponsor: Council Admin. X (Police) Timeline: Seeking approval prior to the May 6, 2004 start-up for LinX Sponsor's Summary: Request the Council's authorization for the Mayor to sign the Memorandum of Understanding forming the Puget Sound Law Enforcement Information Exchange (LinX). Thirteen law enforcement agencies in King, Snohomish, and Kitsap Counties have come together to share automated crime information to deter and prevent crime and possible acts of terrorism in our region. Recommendations: Sponsor: Approval of Memorandum of Understanding Committee: Finance and Safety (Recommended approval with a full review in one year) Administration: Same as sponsor Cost Impact (if None besides staff time known): Fund Source (if known) Funding from the Navy 04-26-04 COW meeting; discussion held. Consensus existed to forward the Memorandum of Understanding to the May 3, 2004 Regular meeting for action. Meeting Date Attachments 04-26-04 Memorandum to Mayor's Office dated March 30, 2004 · Memorandum of Understanding Minutes - Finance & Safety Committee - dated April 5, 2004 05-03-04 No attachments. ' - ........................ Initials ........ ~' ~ .............. ITEMNO. i Meeting Date Prepared by Mayor's review Cou,~ncil r~iew ~ ' , CAS Number: 04-057 I Original Agenda Date: 4/26/04 Agenda Item Title: Interlocal Agreement / City of Tukwila and the Tukwila School District Original Sponsor: Council Admin. ]>arks & Recreation Timeline: Sponsor's Summary: The updated interlocal agreement will allow the City to use the districts athletic fields, Classrooms and gymnasiums for recreational and community programs and events. The agreement will also allow the School District to use the City's Community Center, athletic fields, parks and golf course. The last interlocal agreement was dated March 11, 1996. Recommendations: Sponsor: Recommend updating interlocal agreemeat. Committee: Recommended to COW for further discussion. Administration: Same as sponsor Cost Impact (if known): NA Fund Source (if known): NA .. Meeting Date Action 04-26-04 COW; Discussion; consensus existed to make minor edits to the ILA and to forward it to the Regular Meeting on 05-0~-04. Meeting Date Attachments 4/26/04 Memo from Bruce Fletcher dated 3/18/04 Draft interlocal agreement Interlocal agreement dated 3/11/96 CAP minutes dated 3/23/04 05-08-04 Updated Interlocal Agreement INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE TUKWILA SCHOOL DISTRICT THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant fo the Inter-local Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between the City of Tukwila ("City") and the Tukwila School District ("District") (collectively referred to as "the parties"), for the creation and operation of a program to facilitate the joint use of City and District facilities for the benefit of Tukwila's residents and students. WHEREAS, the City and the District share a common goal to provide for the efficient use of recreation facilities for all students and citizens; and WHEREAS, the City and the District desire to establish a cooperative facility use agreement; and WHEREAS, a joint usage agreement for shared facility use would allow and encourage the City and the District to work together to utilize existing outdoor and indoor facilities and to plan, develop, upgrade and build similar type facilities for joint use; NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and between the City of Tukwila and the Tukwila School District as follows: 1. Statement of Purpose. The purpose of this Agreement is to facilitate the joint use of City and District facilities for the benefit of Tukwila's residents and students. 2. City use of District Facilities. Upon request, the District will make school facilities available to the City's Parks and Recreation Departmer~t for use in connection with recreation programs authorized by the Parks and Recreation Director, subject to availability. Written requests for usage will be sent to the District Superintendent or designated representative. The City shall receive priority after the District's use and before unscheduled activities of outside organizations. The facilities shall be available without payment of rental fee to the District during days when school is not in session and after school hours; provided, that the District may charge reasonable custodial fees when, in the view of the District, the facility was left' unkempt or damaged. No special financing or budgeting is required under RCW 39.34.030(3)(d). Facilities include, but are not limited to, playfields, athletic fields, classrooms, and recreational portions of the buildings, such as gymnasiums. 3. Turf Maintenance. The Parks and Recreation Department will provide turf maintenance of the soccer field and baseball diamond located at Showalter Middle School~ including annual preparation of the baseball field and mowing, fertilizing, and maintenance of the soccer field sprinkler system. 4. Community & AcluIt EcJucatJon Classes. The District will provic~e conference anc~ classroom space for city sponsorect community meetings anct aclult eclucational programs free of rental'fees when space is available. Security fees may be chargec~ (opening anc~ closing costs) wt~en use occurs cJurJng non-operational periocb. 5. Exclusions. City use of the Neuctorf Staclium facility ancl the Performing Arts Center, anc~ District use of the community swimming pool anct golf course clubhouse, are excluclect from this Agreement. 6. City Access to District Facilities. The Parks ancl Recreation Director shall be provictect keys to District facilities uncter the terms of this Agreement. The Parks anc~ Recreation Director may assign keys to city employees who fall witt~in his/her clirect supervision for the purpose of builcling access. The cluplication of District keys is prohibitect. Keys provictecl pursuant to this section shall be usec~ only for access allowecl pursuant to this agreement. 7. District Access to City Facilities. Upon request, tt~e City will make availal~le City facilities to the District for use in connection with District programs, subject to availability. Written requests for usage shall be sent to the Parks ancl Recreation Director or ctesignatec~ representative. The District shall receive priority after tl~e City's use anct before unschec~ulecJ activities of outsic~e organizations. The facilities shall be available without payment of rental fees to the City when not in use by the City; proviclect that the City may charge reasonable custoctial fees when, in the view of the City, the facility was left unkempt or cJamagecL Facilities JnclucJe, but are not limitecl to, the Tukwila Community Center, athletic fielc~s, parks, ancl golf course. 8. Personnel. It is uncterstooc~ ancl agreec~ that the personnel employec~ by each agency shall be unc~er tl~e supervision of that agency. Further, each agency shall aclhere to the host agency's rules ancJ regulations for appropriate use of its facilities. 9. Use of Facilities. Use of all facilities shall be in accorctance with the regular procec~ures of the agency owning the facility as provicJec~ for by the Laws of Washington anct tl~e rules anc~ regulations of the respective agencies, except as otherwise proviclec~ in this Agreement. 10. Aclministration. Ac~ministration of this agreement shall De the joint responsibility of Parks anc~ Recreation Director ancl a representative from the School District appointecl by the SuperintencJent. This agreement ctoes not create any separate legal or aclministrative entity uno, er RCW 39.34.030(3)(b). 11. Duration ancl Termination. This Agreement shall commence on ,2004 ancl shall be of JncJetJnite c~uration. At t~ne request of either party, a perioc~Jc review of this agreement may take place. EJtt~er party may elect, to terminate this Agreement by giving written notice of termination to tt~e otl~er party. Said termination shall be effective not sooner than ninety days from the date of receipt of said written notice. 12. Defense, Indemnification, and Hold Harmless. 12.1 The District shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, cOSts, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action ar omission of the District, its officers, agents, and employees, or any of them, in relation to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the District shall defend the same at its sole cost and expense, including attorney's fees, provided that the City retains the right to participate in said suit if any principal or governmental or public law is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and District and their respective officers, agents, and employees, or any of them, the District shall satisfy the same. 12.2 The City shall indemnify and hold harmless the District and its officers, agents, and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in relation to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the District, the City shall defend the same at its sole cost and expense, including attorney's fees, provided that the District retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the District and its officers, agents, employees, or any af them, or jointly against the City and District and their respective officers, agents, and employees or any of them, the City shall satisfy the same. 13. Dispute as to Aqreement. If a dispute arises from or relates to this Agreement or any claimed material breach thereof, the City and the District shall attempt to resolve the dispute through direct discussions. If the dispute cannot be resolved through discussions, the parties agree to attempt to settle the dispu'?e in an ar~icable manner by mediation conducted by a mediator selected by agreement of the parties. All fees and expenses for mediation shall be borne by the parties equally. Each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. If the dispute cannot be resolved through mediation, the parties agree to settle the dispute by arbitration administered by the American Arbitration Assaciation Rules, and in accordance with the applicable provisions of RCW Title 7. The arbitrator may be selected by agreement of the parties. All fees and expenses for arbitration shall be borne by the parties equally. Each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. 14. Assi.qnment. Neither party shall assign its rights or obligations under this Agreement without the prior written consent of the other. 14. Entire A.qreement. This Agreement contains the entire Agreement between the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Any modifications to this agreement shall be in writing and must be approved by the City and District. 16. Notice. Notices required by or concerning this agreement shall be sent by mail to the respective parties at the following location: 17. Discrimination Clause. Neither party shall discriminate against any applicant for use of their facilities on the basis of race, color, religion, creed, sex, age, national origin, marital status, sexual orientation, or presence of any sensory, mental or physical handicap. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. , CITY OF TUKWILA Dated: Steve Mullet, Mayor Approved as to Form: Shelley Kerslake, City Attorney TUKWlLA SCHOOL DISTRICT DATED: Dr. Greg Paus, Superintendent Tukwila School District DATED: John Richards, Chairman Board of Directors COL. TCIL AGENDA SE OPSIS Initials Meeting Date 1 Prepared by 1 Mayor's review 1 Council review 4/26/04 R 3tfl `en Q.3/ 04 BB for A, N ITB 1KM. S12, IO Original Agenda Date: 1 CAS Number: 04-060 Agenda Item Title: Accept Public Works Trust Fund loan of $4,196,056.00 for construction of Cascade View Neighborhood Drainage Project. I Original Sponsor: Timeline: Sponsor's Summary: O� -0 O Council Admin. The Public Works Trust Fund has approved our application of a loan for $4,196,056.00 to construct a storm drainage system for the Cascade View neighborhood. Improvements to the storm drains, water mains and street restorations will be included. Recommendations: Sponsor: Authorize Mayor to sign the loan agreement with Public Works Trust Fund. Committee: Forward to COW and the Regular Council with approval. Administration: Same as sponsor. Cost Impact (if known): $4,196,056.00 loan at 1% per annum for a term of 20 years. Fund Source (if known): 412 Fund Surface Water (pg. 112 2004 CIP) Meeting Date 1 4/26/04 Meeting bate 4/26/04 5/0/04 MifeQSAV,..WP Attachments Information Memo dated April 14, 2004 Loan Agreement with Public Works Trust Fund Utility Committee Meeting Minutes from April 20, 2004 Memorandum to Mayor dated April 14, 2004. April 26, 2004 Public Works ITEMNO. Action COW; Discussion. Council consensus existed to forward the item to the May 3, 2004 Regular meeting for action. INFORMATION M~MO To: Mayor Mullet From: Public Works Directort~"l'~ Date: April 14, 2004 Subject: Cascade View Drainage Improvements Public Works Trust Fund Loan Acceptance ISSUE In May 2003, the City of Tukwila Public Works Department applied for a $4,196,056 Public Works Trust Fund loan to construct neighborhood improvements for thc Cascade View area of Tukwila. This loan was recently approved by the Governor and now awaits formal acceptance by the City. BACKGROUND Design of the Cascade View drainage and roadway improvements is underway and is scheduled to be completed by the end of the year. Construction is anticipated m begin in early 2005. Estimated Project Costs Fundine Sources Preliminary Engineering $ 515,000 CDBG Grants $ 306,715 Construction 3,450,000 PWTF Design Loan (5 yr) 100,000 Construction Engineering 690,000 City Revenue 466,229 Contingency 414,000 PWTF Loan (20 yr) 4,196,056 Total $5,069,000 Total $5,069,000 The PWTF loan is for $4,196,056 at 1% interest per annum over 20 years. The debt service is estimated to be approximately $230,000 per year but will not be confmned until after the project has been constructed and the costs are finalized. RECOMMENDATION Forward to Council with the recommendation to accept the loan from the Public Works Trust Fund for the Cascade View Drainage Improvements. RL:ad attachment: Loan Agreement with PWTF file: 00-DR06.2 CAS Number: 04-061 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 4/26/04 Meeting Date 4/26/04 5/03/04 COW; COL TOIL AGENDA SY_ ()PSIS Meeting Date 4/26/04 5/0.9/04 o'4 -Olo\ Prepared by MC IBb for Council Admin. Initial: 1 Mayor's review I Council review 1 it 1 I I I I ij f X AT IQN I Original Agenda Date: April 26, 2004 ITEMNO. 3. In Accept Public Works Trust Fund loan of $5,700,000.00 for construction of Allentown/Foster Point Water Sewer Project. Public Works The Public Works Trust Fund has approved our application of a loan for $5,700,000.00 to construct water, sewer, and storm water improvements for the Allentown and Foster Point neighborhoods. Authorize Mayor to sign the loan agreement with Public Works Trust Fund. Forward to COW and the Regular Council with approval. Same as sponsor. $5,700,000.00 loan at 2% per annum for a term of 20 years. Water (403.01), Sewer (403.02), and Surface Water (412) 6 WO at Action May 3, 2004 Regular meeting for action. Attachments Information Memo dated April 12, 2004 Loan Agreement with Public Works Trust Fund Utility Committee Meeting Minutes from April 20, 2004 Memorandum to Mayor datdd April12, 2004. Discussion. Council consensus existed to forward the item to the INFORMATION M~.MO To: Mayor Mullet From: Public Works DirectOr~~ Date: April 12, 2004 Subject: Allentown/Foster Point Water and Sewer Project Public Works Trust Fund Loan Acceptance ISSUE In May 2003, the City of Tukwila Public Works Department applied for a $5,700,000 Public Works Trust Fund (PWTF) loan to construct neighborhood water and sewer improvements for the Allentown and Foster Point areas of Tukwila. This loan was recently approved by the Governor and now awaits formal acceptance by the City. BACKGROUND Design of the Allentown/Foster Point Water and Sewer Improvements Project - Phase 2 is nearly complete. The Allentown and Foster Point neighborhoods anxiously await the completion of these much needed improvements. Current estimated costs for Phase 2 are: Construction, Contingency, and Taxes $5,400,000 Land Acquisition 125,000 Construction Management Engineering 475,000 TOTAL $6,000,000 The PWTF loan is in the amount of $5,700,000 at 2% interest per annum over 20 years. The City of Tukwila is contributing $300,000 in local funds toward the project. The total funding is $6,000,000 for the project. The water, sewer and surface water funds will share the debt service of approximately $365,000 per year but will not be confirmed until after the project has been constructed and the costs are finalized. RECO~IlVIENDATION Forward to Council with the recommendation to accept the loan from the Public Works Trust Fund for the Allentown/Foster Point Water and Sewer project. MC:lw attachment: Loan Agreement with PWTF file: 95-SW02,2 ems CAS Number: 04-039 COUNCIL AGENDA SYNOPSIS Meeting Date 3/22/04 4/5/04 5/3/04 Initials Prepared b I Mayor's review! Council review MC MO— I I MC 1 A.,,, ICl/71a fi ITE INFORMATI 04 -039 I Original Agenda Date: March 22, 2004 Agenda Item Title: Public Hearing for Street Vacation of a portion of Maule Avenue Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): Meeting Date 3/22/04 Meeting Date 5/3/04 Council Admin. Public Hearing for Vacation of a portion of Maule Avenue between South 143' Street and South 143 Place. Still waiting for comments from Puget Sound Energy and Qwest on one utility pole that will have to be relocated after development. !�GOJNGII APE: ►AGE; Attachments Cover Sheet Public Hearing for Vacation Staff Report and Vicinity Map Petition for Vacation Resolution setting date of Public Hearing for May 3, 2004. Petition Review by Departments Notice to Surrounding Property Owners with addresses RCW 35.79 Streets Vacation Minutes from 4/5/04 Council Meeting Public Works ITEMNO. Action Discussion at COW. Clerk's Office to select Public Hearing Date. Consensus existed to forward item to the April 5, 2004 Regular for consideration/action. 4/5/04 I Resolution No. 1546 Setting Public Hearing Date for May 3, 2004. 5/3/04 1 Public Hearing on Street Vacation 4 PUBLIC HEARING PETITION FOR VACATION OF STREET Maule Avenue South between South 143rd Street and South 143rd Place HEARING DATE: May 3, 2004 NOTIFICATION: Petition for Vacation of Street filed by the Property Owner APPLICATION: Jeny Knudson REQUEST: Vacate portion of the right-of-way for Maule Avenue South LOCATION: A portion of the right-of-way for Maule Avenue South between South 143rd Street and South 143rd Place ZONING DISTRICT: Commercial/Light Industrial (C/LI) STAFF: Bob Giberson, Acting City Engineer ATTTACHMENTS: 1. Staff Report 2. Vicinity Map 3. Petition 4. Resolution 5. Petition Review by Department 6. Notice Sent to Surrounding Property Owners of Upcoming Public Headng 7. RCW 35.79 Street Vacation 8. Council Minutes of April 5, 2004, Meeting Setting Public Hearing Attachment I Staff Report to the Tukwil~ City Council April 6, 2004 Petition for Vacation of Street: Maule Avenue South between South 143rd Street and South 143rd Place VICINITY/SITE INFORMATION Project Description The area of Maule Avenue South between South 143rd Street to South 143rd Place will be vacated by the City of Tukwila and traded to Jerry Knudson for a 20.00-foot wide parcel along the frontage of Interurban Avenue South from South 143rd Street to South 143r~ Place. The vacated right-of-way for Maule Avenue South will be incorporated into Mr. Knudson's existing property fronting Interurban Avenue South. Mr. Knudson is also the property owner of the parcel abutting the east margin of Maule Avenue South between South 143rd Street to South 143~d Place. Existing Development Maule Avenue South is unopened 20 feet of right-of-way. It is not paved or rocked. Surroundin.q Land Use To the north, east, and south of Maule Avenue South it is zoned commercial/light industrial. Across the street on the other side of Interurban Avenue South it is zoned regional commercial mixed. To the north, south, and east the existing land use is light commercial. On the other side of Interurban Avenue South is mixed-commercial and single family residence use (RCM). Terrain & Ve.qetation The existing roadway is almost fiat. The area between Maule Avenue South and Interu~an Avenue South is also fiat with very little grade change. The ground cover is grass and Iow shrubs with cherry trees planted along the right-of-way on Interurban Avenue South. Public Facilities Notice of Petition and field reconnaissance have identified the presence of the following utilities: Tukwila public sanitary sewer line, Puget Sound Energy for electricity, and Qwest Telecommunications. BACKGROUN~ At the present time, the area of proposed street vacation is undeveloped street between South 143~ Street and South 143ra Place. The current zoning is commercial/light industrial, The area to be vacated on Maule Avenue South is 6039 SF +_. The area along Interurban Avenue South Mr. Knudson will exchange with the City is 5916 SF _+. The net difference is 123 SF _+. No appraisal was performed for the right-of-way of Maule Avenue South being vacated or for Mr. Knudson's frontage along Interurban Avenue South as both parcels are near equal in size and similar value. The 20.00-foot frontage along Interurban Avenue South is required for future improvements planned for Interurban Avenue South in the 2005 ClP. A petition for the vacation of Maule Avenue South was filed with the City on February 24, 2004. At the City Council meeting on April 5, 2004, Resolution No. 1546 was adopted to set the date of May 3, 2004, for a Public Hearing to consider the proposed vacation. April 6, following the adoption of Resolution No. 1546, City staff posted the site of the proposed street vacation and notified property owners in the immediate vicinity regarding the Public Hearing and pending petition. A sample notice letter is provided. Notices of Petition for Vacation of Street were also sent to all potentially affected City departments and other non-city utilities. The responses received thus far to these Notices are attached. DECISION CRITERIA The procedures for street vacation are set forth in RCW 35.79 and reiterated in TMC 11.60. Except in those cases involving right-of-way adjacent to a body of water, there are no defined criteria for deciding whether or not to grant a street vacation. In the absence of defined criteria, the City Council must consider the public interest relative to the existing and future needs for public facilities such as utilities or roadway improvements on the proposed vacation area.. All street vacations granted to private property owners must include compensation to the granting jurisdiction for the vacated property. The compensation is presented as a condition to granting the vacation. Compensation is property trade of equal value. The City Council's options in deciding on a proposed street vacation are limited to the following: 1. deny the proposed street vacation, or 2. grant the street vacation with conditions (at the'very least, conditions must include compensation to the City for the vacated property). CONCLUSIONS 1. Public utilities exist in the area proposed for vacation. There are two options available: The utilities can remain in place and the applicant may grant access to them by use of an easement, or the utilities can be relocated at the petitioner's expense. 2. The proposed vacation is not adjacent to a body of water. SUMMARY Should Council decide in favor of the vacation request, it is recommended that the following condition be included: 1. The existing utilities within the proposed vacation area should either remain in place with an easement provided to the respective utility or be relocated at the petitioner's expense. Attachment 2 Maule Avenue Street Vacation Vicinity Map Attachment: 3 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.) Maule Avenue from Southerly margin of South 143''t Street to the Northerly margin of S 143'd Road Place 2. The n~.mes and ad~lresses of ALL property owners abutting on the property to be vacated are as follows: (do not include City-owned I)roperty) Owner Name Property Address Total frontage (print) (feet) lerry Knudson 14300 Interurban Ave S 300.92 lerry Knudson 14300 Interurban Ave S 302.99 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 ri~ht-of-way: (do not.include City-owned property) Owner Name Property Address Total frontage (signattu~ (feet) Jerry Knudson ~,~,~, ~/'/,,_ ~.~ 14300 Interurban Ave S 300.92 Jerry Knuds0n ;qvJ~'/~/_~,~, 14300 Interurban Ave S 302.99 ~,' /~' - 4. In accordance with ResolutiOn 1499, the $1200 fee for street vacation has be eived. DATE RECEIPT NO. CLERK SIGNATURE Attachment 4 City o[ Tulc ila WashinEton Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING. FOR VACATION OF MAULE AVENUE FROM SOUTH 143lm STREET TO SOUTH 143Rn PLACE. WHEREAS, the owner of the property abutiing the right-of-way has petitioned to vacate Maule Avenue from South 143'a Street to South 143'a Place; and WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKW'ILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing upon the vacation of Maule Avenue from South 143'a Street to South 143~a Place shall be held before the Tukwtta City Council in the City Council Chambers at Tukwila City Hall, 6200 $outhcenter Blvd., Tukwila, Washington, on May 3, 2004, 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. Secilon 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. PAS~ED BY THE CITY COUNC~,II4~OF THE ~ .OF. ~JKWII~, WASHINGTbN, at a Regular Meeting thereof this ~ day of ~ ,2004. ATTEST/AUTHBNTICATBO: % ~ ~-~0. r~.~J~l...,~ ~ Ha~n, Council President Jane E. Cantu, CMC, City Clerk ' APPROVE[~ AS TO FORM BY: Z/d MJJ Filed with the City Clerk:~ Passed b~ the City Office of ~ City'A~o er~ Resolution Number: REVIEW REQUESTED OF: 1 Attachment 5 0. Mayor's Office Kina County P-1 [3' Puget Sound Energy 1 *ILA W Planning Deot. t...11., 1i Parks /Rec. Deot. O Seattle Public Utility 1 f Q ll Er Flre Dept. Water Dist. 4 r Notice of Petition police Deot. Sewer Dist. 61�!ili 'r .Surface Water Enor. LT.QWest ti-- Y for Vacation of Street .Utilities Engr. Q AT &T Ill Transportation Engr. t7 Comcast I Q Construction Engr. 1 b I 0' City Engineer 1 I Date Application was Complete: v off I Date of Notice: /oy Name Or Nu mber: I MA L` e 4vL r Or Number: Description of Property Being Vacated: .566 /96 /391-0(...> I Kroll Mao Page ?.SL I Sc Otr: I Sec: /di 1 Twn: 23 NI Rqe: Y 6 1 Petitioner: I Please Respond Bv: I 4 2C /ZOc"# 1 Je /72 Public Hearing Date: MAa Si gag RA- °so." RESPONSE: Your comments may be limited to the following, If applicable: We have no objection to the vacation. We have utilities in the right -of -way We require easement prior to vacation. We have objections. Comments on the Back. Address your comments to Public. Works Depdrtment Signature. Lin rz. i1,70rl.fr City of Tukwila C :1 :fir ;'i 6300:S6uthcenter.Blu'd.. Suite.100... Title c_ ,,.,,1 ,;.a ,n, r- Tukwila VVA =:98188: Maule Avenue from Southerly margin of South 143i Street to the Northerly margin of 5 143' Road Place MAl3C AVC VaC,4T/on) L V l c l nJ rrt M A p Sae I` v Nr 5 625 u v d nI„ "A3 �J 'c a, f r a 7- I sink If I c wrii li i n., L er rtr rt rt� it GTON i rl ■lf t �ip 7. HE 4 vE�w 1 t.. NTON r. 419 _mess it iit Q/frm v a n s /cations otice to utilities o v 07.05.01 e cEF "'met III :NTON I REVIEW RE( JESTED OF: (~ Hayor'$ Office [] · King County [~ ~ Planning Dept I~' Puget Sound Energy [3~, Park$/Rec, Dept, [3 Seattle Public Utility Not/ce of Petition FireDept, O WaterD,st. ~, Police Dept. C3 Sewer Dist. E~ ~Surface Water Engr. ~ (}West for Vacation of Street ~', Transportation Engr. I~' Comcast Ef Construction Engr. n I~' City Engineer Street Name Or Number: /~ ,~ U /- ~' .,~ Description of Property Being Vacated: ] .~'~:'~' Z ~ ~'.~z. Kro[liVlapPaqe# .~?.2_~'/.E I~'~ Qtr: I Sec: /~ I Twn:~_-~/~l Please Respond By: I Petitioner: /~7.~ Public Hearing Date: RESPONSE; Yo~r~comments may be limited to the following, If applicable: ~ We have no objection to the vacation. n We have utilities in the right-of-way n We require easement prior to vacation. [] We have objections. Comments on the Back· 16300~S6uth~ente~.Bi~/,d~¢.Sbite!lO0.-".~'i:,~,,- !: :, r/tie · Tu~llapWA~ 98188 ',' . ~:, , ,- ,'. Maule Avenue from Southerly margin of South 143'~ Street to the Northerly margin of S 143"~ Road Place Q/forms/vacaUons/noUce to utillUes 07.05,0[ REVIEW RE, IUESTED OF: ~ · Mayor's Office 0 . King Count'/ ~ ~ Planning Dept. E~ Puget Sound Enerqy I C~' Parks/P~ec. Dept. [] Seattle Public Utility Not/ce ~,,~ Pet/~ion ~ Pl,eDept. o W.te, D,,. a~, Police Dept. 0 Sewer Dist. for Vacation of Street ~r'..SurfaceWaterEngr. ~(~West (~ UtiliUes Engr. E3', ATET Q', Transportation Engr. Gr' ComcaSt ~3' Construction Engr. [3' Qb/Engineer [] ! , / Date Application was Complete: */, [ o~ I Date or Notice: ,-: ;. Street: Rame Or Number: /k'J ,~ L, C ~'~ .,4 .g/~~ Description of Property Being Vacated: .~:'z~ ~ ~"6'~ z. Petitioner: Please Respond By: [ ,..)~/Trz~/C~v O.5'o,~' Public Hearing Date: /),/,~ RESPONSE: Your comments may be limited to the following, if applicable: ~E~ We have no objection to the vacation. [3 'We have utilities in the right-of-way [3 We require easement prior to vacation. Q We have objections. Comments on the Back. Address'your comments,to:'::;.~r~; a'ukwla?,~)k;;98'~88!; ?.'::.:,...: ' :..'~ Maule Avenue from Southerly mar$in of South 143'd Street to the Northerly mar§in of S 143'a Road Place QJforms/vacaUons/notlce to utilities 07.05,01 Notice of Petition FireOe,t. 0 Wa[erDist. 13',.Surface Water Engr. ~ (~West for Vacation o£ $treet , II · , / Date Application was Complete. ~/z/ Street Name Or Number: ~ ~ Description of Prope~ Being Vacated: ~ ~ ~4~ Kroll Hap Page ~ ~ ~ S~ Qtr: ~ Sec: Date: Please R~pond ~: I Pe~oner: Public Hearing RESPONSE: Your commen~ may be limited to the following, if applicable: ~ We have no objection to the vacaUon. ~ We have utilities in the right-of-way ~ We require easement prior to vacation. ~ We have obje~ions. Commen~ on the Back. Address your commen~ to,:.., ,...~-....~ .:.? tRuD,cWorK~Depa~menb~,~.,::.-.. ,- ~:,~.:t .... /TU~ila~;WA:~;~8~88':~- ~ -.- -.--. - .- .:: ~:'t: ' '.':. ': Maule Avenue from Southerly margin of South 143rd Street to the Northerly margin of S 143'd Road Place Q/forms/vacaUons/notice to utilities 07.05.01 ~ REVIEW RE( ~UESTED OF: (~ ~ Mayor's Office [] , Klnq County O ~ tPlanninqDept Ei~ Puqet Sound Enerqy ~ Parks/Rec. Dept. C] Seattle Public Utility Not/ce of Pet/t/on ~ FlreDept. ,[] WaterDist. ~ Police Dept. J [] Sewer Dist. Ef,,Surface Water Eflgr. ~, C~West for Vacation of Street ~,ut,,,~,e, Eng,. []', Transportation Engr. El~ Comcast ~' Construction Engr. [] I~ City Engineer [] Date Application was Complete: ~/~[ o~ [ Date of Notice. ;. ~. Street Name Or Number: /~/~ 0 4. 4=' Description of Property Being Vacated: .:~'~:-~' Z 4--6'.4-z. Kroll Hap Page # ~2_<' z~ I $'~ Qtr: I Sec: ~ Petitioner'. . P,ease R~,ond BY: I '~/Z~' /~°°~ '~/4~, O.s'~','-~ Public Hearing Date: /~//q~ ,.~? RESPONSE: Your comments may be limited to the following, if.applicable: ~/~We no objection vacation. have to the We have utilities in the right-of-way E] We require easement prior to vacation. E] We have objections. Comments on the Back. Add ress y°ur c°m m'~ t° *:"'"~ ~': ~"~"~'"?~ ~ Tul~'wila~~;V~A':'I'98'i88'?': "'*' ,i': ." Maule Avenue from Southerly mar$1n of South 143~ Street to the Northerly margin of S 143'e Road Place OJforms/vacatlons/notlce to utilities o7.05.01 Attachmen~ 6 ~... ~~ 7~ DePartment of Public Works James E Morrow, P.E., Director DATE: April 6, 2004 TO: City of Tukwila Property Owners FROM: Public Works Department City of Tukwila Attached is the Notice of Petition for Vacation of Street initiated by the City of Tukwila. This notice informs local property owners of the proposed unopened right-of-way vacation by the City and of the public hearing on May 3, 2004, at City Hall Council Chambers. The City conducts the public hearing to provide residents an opportunity to voice any icerns or present any issues associated with this vacation. Should Yl ~,'equestions prior to the public hearing, you may direct them to Mike /~/ · Engineer, at 206-431-2441. Michael P. Cusick, P.E. 6300 Southcenter Boulevard, Suite #I00 · Tukwila, Washington 98188 · Phone: 206-433-0179 · Fax: 206-431-3665 ~olden Nugget Double Down Espresso Silver Dollar Rest. & Ca ATTN: MA~AOER ATTN: MANAGER ATTN: MANAGER 14025 INTERURBAN AVE 14027 INTERURBA~ AVE 14027 INTERURBAN AVE -i'uEWILA WA 98168-4722 TUKWILA WA 98168-4722 TUKWILA WA 98168-4722 Orand Ctrl Casino <EvrgrnEn~ 7-Eleven Benny's Riverside Inn, 'I Start Mart, Inc. Oalliano's Cucina ~artman Escrow, Inc. ATTN: I{~/~AGER ATTN: ~NAGER AT~: I~GER 14101 INT~RURBANAVE 14201 INTERURBAN AVE 14237 INTERURBAN AVE TuEWILAWA 98168-4647 ~u~wILA WA 98168-4615 ~oKWILAWA 98168-4615 TUKWILACOMMUNITYMEMBER Eig Brothers KC/Donation Ctr · Trlarc Electric Supply 14237 INTERURBAN AVE ATTN: MANAGER . ATTN: MAnAgER TUKWILAWA 98168-4615 14240 INTERURBAN AVE 4132 14240 INTERURBAN AVE ~13 TO~WILA WA 98168-4660 Tu~WILA WA 98168-4660 Business Tax Services D.C.A.A. Measurement Systems Intl Teoton Corporation Onyx Environmental Services US Courts EBENEZER ~uKCH OF ~OD TUKWILA CO~HUNITY MNMBER TUKWI~A COMMUNITY MEMBER 14275 INTERURBAN AVE 14301 INTERURBAN AVE 14305 INTERURBAN AVE TUK~4'/LA WA 98168-4615 TUKWILA WA 98168-4616 TuKWILA WA 98168-4616 Experience Red,ix Authentic Bendrix LLC Eriks/West ATTN: MAnAgER ATTN: MA/~AOER ATTN: MANAGER 14501 INTERURBAN AVE 14501 INTERURBAN AVE 14600 INTERURBAN AVE' Tu~WILA WA 98168-4657 TUKWILA WA 98168-4657 TURWILA WA 98168-4699 GT Development Stock Mkt. Inst. of Learning Information Quest, Inc. .' ATTN: MANAGER ATTN: MANAGER ATTN= MANAGER · 14601 iNTER~RBANAVE 14675 INTERURBAN AVE 14675 INTERURBAN AVE TU~WILA WA 98168-4682 TUKWILA WA 98168-3308 TU~WILA WA 98168-4652 · Wade Cook Financial Cor~. Towne & Countz-y Suites TUKWILA CO~UNITY~ER ATTN: MANAGER ATTN: MANAGER 14891 INTERURBAN AVE 19 14675 INTERURBAN AVE 14800 INTERURBAN AVE · TUKWILA WA 98168-4631 Tu~WILA-WA 98168-~652 ~u~WILA WA 98168-4620 Tu~WIL~COMMUNITYM~MBER TUKWILAC0~URIT~M~MBER ~u~WILACOMMUNITYMEMBER 14891 INTER~BAN AVE 23 14891 INTERURBAN AVE 24 14891 INTERURBAN AVE 25 TU~ILA WA 98168-4631 ' TUKWILA WA 98168-4631 TUKWILA WA 98168-4631 TUKWILA COMMUNITY l~MBER TU~KWIL44 COM~IRITY ~E~BER '&uKWILA COMMUNITY NEMBER 14891 INTERURBAN AVE 29 14891 iNTERURBAN AVE 30 14891 INTERURBA/~ AVE 31 TUKWILA WA 98168-4632 TD-~qILA WA 98168-4632 'ru~WILA WA 98168-4632 ~u~WILACOMMUNITYM~MBER Tu~WIL~COMM~NITYMEMBER TUKWILA COMMUNITY MEMBER 14891 INTERURBAN AVE 32 14891 INTERURBAN AVE 33 14891 INTERURBAN AVE 34 Tu~WILA WA 98168-4632 TU~WILA WA 98168-4632 TUKWILA WA 98168-4632 Tu~6ILA COMMUNITY M~MBER TUKWILA COMMUNITY ~MBER. TU~WILA COMMUNITY MEMBER 14891 INTERURBAN AVE 35 14891 INTERURBAN AVE 36 14893 INTERURBAN AVE 1 Tu~WILA WA 98168-4632 TUKWILA WA 98168-4632 TUKWILA WA 98168-4629 TUKWILA COMMUNITY ME~ER TU~ILA COMMUNITY MEM~-R TUKWILA COMMUNITY MEMBER 14893 iNTERURBAN AVE 10 14893 INTERIIR~AN AVE 12 14893 INTEEIIP~Ai~ AVE 13 TUI~ILA WA' 98168-4630 TUKWILA WA 98168-4630 TURWILA WA 98168-4630 '~'u~WILA COMMUNITY MEMBER TUIiWILA CO~IRITY MEMBER T0*iWILA COMMUNITY MEMBER 14893 INTERURBA/~ A%'E 17 14893 INTERURBAN AVE 18 14893 I~'~'~URBAN AVE 2 TU~I~*A WA 98168-4630 '&'0~WILA WA 98168-4630 Tu~WTL~ WA 98168-4629 Tu~WILA CO~0NITY MEMBER 'a'u~WILA CO~IUNITY .~R .~-u~WILA COMMUNITY MEMBER 14893 .INTERURBAN AVE 3 14893 iNTERURBAN AVE 4 14893 INTERUi~BAN AVE 5 TU~ILA WA 98168-4629 · -L'u~WILA'WA 98168*4629' TUKWILA WA 98168-4629 14893 INTERURBAN AVE 9 14895 INTERURBAN AVE 37 14895 INTERURBAN AVE 38 TO/iWILA WA 98168-4629 -&u~ILA WA 98168-4833 '~'Ui~WILA WA 98168-4633 Tb~WT~ C0~TY MEMBER TUI~ILA COMtilIRITY MEMBER TU~WILA COMMUNITY MEMBER 14895 INTERURBAN AVE' 39 14895 INTERURBAN AVE 40 14895 INTERURBAN AVE 41 '~'u~wTLA WA 98168'4633 TURWILA WA 98168-4633 TIIKWILA WA 98168-4633 ·TUKWiLA COMM~IT~ MEMBER TUKWIL~ COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER 14895 INTERURBAN AVE 42 14895 INTERURBAN AVE 43 14895 INTERURBAN AVE 44 TUKWILA WA 98168-4~3 TUIiWILA WA 98168-4633 TUKWILA WA 98168-4633 Tu~%WILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBEI~ 14895 INTE~UP~BAN AVE 45 14895 iNTERURBAN AVE 46 14895 INTERUP~BAN AVE 47 TU~ILA WA 98168-46~3 -~'D~WILA WA 98168-4634 T~IKWILA WA 98168-4634 SU~WI~A COM~UJNITY ~ER TUKWILA COMMUNITY ~EMBER TUKWILA COFAHUNITY MEMBER 14895 INTERURBAN AVE 48 14895 INTERURBAN AVE 49 14895 INTERURBAN AVE 50 -i'UaWILA WA 98168-4634 TUKWILA WA 98168-4634 '&ua~ILA WA 98168-4634 Tu~%WiLA COMMUNITY MEMBER 'A-u~ILA COMMUNITY MEMBER TUKWILA COMMUNITY MEHBER 14897 INTERURBAN AVE 61 14897 INTERURBAN AVE 62 14897 INTERURBAN AVE 63 -'&u~%~I~A WA 98168-4637 ~'u~WZLA WA 98168-4637 TUKWILA WA 98168-4637 * 'I'u~WIL~ COMMUNITY MEMBER TUKWILA coMMUNITY MEMBER TUKWILA COMI~I~ITY MEMBER 14897 INTERURBAN A~E 67 14897 INTERURBAN AVE 68 14897 INTER~IR~AN AVE 69 '&u~WILA WA 98168-4638 TUKWILA WA 98168-4638 TUI(WILA WA 98168-4638 Tu~WILA COMMUNITY MEMBER TUKWILA COM~D~ITY.M~M~ER TUKWILA COM]~UNITY M~MBER 14897 INTERDRBAN ~VE 70 14897 INTERUP~AN AVE 71 . - 14897 INTER--AN AVE 72 TU~ILA WA 98168-4638 TUKWILA WA 98168-4638 TU~WILA WA 98168-4638 -&v~WILA C0~UNITY ~ER TuKW!LA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER 14899 INTERURBA/~ AVE 75 14899 INTERD~BAN AVE 76 14899 INTERURBAN AVE 77 -&-uAWILA WA 98168-4635 TUKWILA WA 98168~4635 Tu~WILA WA 98168-4639 'ruAHILA WA.98168-4635 TUKWILA:WA 98168-4635 TUKWILA WA 98168-4639 Tu~WILA COMMUNITY M~MBE/% '~'UAWILA COMMUNITY MEMBER T~KWILA COM~NZTY MEMBER 14899 INTER~TRBA~q AVE 81 14899 INTERD~BAN. AVE 82 14899 INTER~RBAR AVE 83 Tu~WILA WA 98168-4635 . TU~wILA WA 98168-4636 TUKWILA WA 98168-4636 · a-u~ILA COMMUNITY MEMBER 'a'uAWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER 14899 INTERURBAN AVE 84 14899 INTERURBAN AVE 85 14899 INTERDRBAN AVE 86 '~'u~ILA WA 98168-4646 '~'U~WII~A.WA 98168-4656 '~'u~WILA WA 98168-4636 TUKWiLA CO~TY ~EMBER TUKWILA COMMUNITY MEMBER 'A'u~WiLA COMMUNITY M~-MBER 14899 INTERURBAN AVE 87 14899 INTERURBAN AVE 88 14899 INTERD"ABAN AV~ 89 '&u~WZLA WA' 98168-4636 TUKWILA WA 98168-4636 TDA%WILA WA 98168-4636 TUKWI~A COMMUNITY MEMBER A11ie~ Solutions, LLC WA Federation of Teacher America Nurse Recruiters/WA Liberty Mutual Insurance All American Mortgage Hirsch International Quantum Engineering & Devel. JSH Properties, inc ATTN] MANAGER ATTN~ MANAGER ATTN~ MANA=ER 1'4900 INTERURBAN AVE 4185 14900 INTERURBAN AVE %208 14900 INTE~URBANAVE 4210 TU~WiLA WA 98168-4687 TU~WILA WA 98168-4654 Tu~WILA WA 98168~~654 Shipco Transport, Inc. Benckunark Staffing, Inc. Genex Services, Inc. Executive SuppOrt Center A Cellular Source . .- Ocean Park Mechanical, .14900 INTERURBAN AVE 9271 14900 INTERURBAR AVE 4271 14900 INTERURBAN AVE Chr£stopher A. Coluccio Puget Soun~ Hearing Aid/Audi Patrick Harron & Assoc.,. ATTN:-MANAGER 14901 INTERURBAN AVE100 14901 INTERURBAN AVE 101. 14900 ~NTERURBANAVE%2'98 TUKWILAWA 98168-4628 ~0~WILA WA 98168-4628 TUKWiLA WA 98168-4654 TUKWILA COMMUNITY MEMBER TUkWILA COMMUNITY ~ER TdKWiLA COMMIIRiTY MEMBER 14901 INTERURBAN AVE 105 14901 INTERURBAN AVE 106 14901 INTERURBAN AVE 107 TUKWILA WA 98168-4628 TUKWILA WA 98168-4628 TUKWILA WA 98168-4628 14901.INTERU~BA~ AVE 108 14901 INTERD~BAN AVE 91 14901 INTERURBAN AVE 92 TUKWILA WA 98168-4628 'Z'U~WiLA WA 98168-4627 TUKWILA WA 98168-4627 Tu~WTLA CO}~NITY ~ER 'ru~WILA COMe, UNITY MEMBER TUKWILA COMMUNITY MEMBER 14901 INTERURBA~ AVE 96 14901 INTERURBAN AVE 97 14901 INTERUP~AN AVE 98 '~'u~WILA WA 98160-%627 TUKWILA WA 98168-%627 '~'UAwILA WA 98168-4627 .- Tu~WILA CO~0NITY MEMBER Hillcrest Apartments J~o Deli & Grocery 14901 INTERURBAN AVE 99 AT~:. ~A~ER AT~: ~I~ WA 98168-462~ 1~90~ I~ER~ A~ 14905 I~ A~ · ~ ~I~ WA 98168-~621 Tu~ WA 98168-4619 Jenlffer~s Java FSxX ~nite Horse Bar & ~ri11 Accounting & Ta~ Service TU~WILACOI~UNITY~ER TUKWILACOI~UNITYF/EMBER BMS Catastrophe 6234 S 143RD PL . 6238.S 143RD PL ATTN: MANAGER TUKWILA WA 98168-%604 TUKWILA WA 98168-460% 6265 S 143RD PL TUKWII~WA 98168-%603 Air Flow .Systems .: King ~ounty Correction ~uild TUKWILA COMMUNITY MEMBER ATTN: ~J~NA~ER ATTN= MANAGER 6417 S 143~D PL 6275 S 143RD PL. 6417 S 143RD PL TUKWILA WA 98168-A60~ TUKWILAWA 98168-%603 TUKWILAWA 98168-4605 6421 S 143~D PL 6%23 S 143RD PL 6424 S 143P~D PL TUKWILA WA 98168-4605 TU~.WA 98168-%605 TU~I~ WA 98168-%605 Becket Trucking, inc. Vi~ran E~ress Canada EngstromMachine Works Puget Sound Pattern Works Walashek Industrial & Marine Sunset Press, Ino ATTN= MANAGER ATTN= MANAGER ATTN~ MANAGER 6406 S 143RD ST 6410 S 143RD ST 6411 S 143RD ST TU~WILA WA 90168-4626 ~u~WILA WA 98168-4626 Tu~WILA WA 98168-4625 East Bide Ice Machine wu~6ILA COMMDI~ITYMEM~ER TUKWILA COMMUNITY MEMBER ATTN: MANASER 6421 S 143RD BT 6427 B 143RD'ST 6421 S 143RD ST W~wILA WA 98168-4625 wu~ILA WA 98168-4625 TUAWILA WA ~8168-4625 TU~ILA. CO~UNITY MEMBER Odwalla Laidlaw Transit, Inc. 6439 B 143RD ST ATTN: MANAGER AYTN= MANAGER w~ILA WA 98168-.4628 6440 B 143RD BT 6444 S 143RD ST TUKWILAWA 981~8-4626 TUKWILAWA 90168-4626 zu~wILA COMMUNITY MEMBER Green River Construction Tu~WILA COMMUNITY MEMBER 8906 B 144TH ST ATTN: ~-~NAGER 6426 S 144TH ST Tu~wILA WA 98168-460? 6402 S 144TH BT ~1 TUKWILAWA 98168-4609 TUKWILAWA'98168-4628 ~T Development Hydroplanes, Inc. Magnussen Dist. ATTN: MANAGER ATTN: MAi~AGER. ATTN: MANAGER 6437 B 144TH ST 6440 B 144TH BT - 6446 S 144TH ST Tu~WILA WA 98168-4689 TUKWILA WA 98168-4609 ~u~WILA WA 98168-4609 Magnussen Development, Inc.. King Co. Radio Commun. Svcs. D.S. Purcell Painting, I Division Five, Inc. ATTN: MA/~ASER 6458 6 144TH ST Tu~WILA WA 98168-4609 RCW 35.79 CHAPTER Page 1 of 3 Attachment 7 Chapter 35.79 RCW STREETS -- VACAT. ION RCW SECTIONS 35.79.010 Petition by owners -- Fixing time for hearing. 35.79.020. Notice of hearing -- Objections prior to hearing. 35.79.030 Hearing -- Ordinance of vacation. 35.79.035 Limitations on vacations of streets abutting bodies of water -- Procedure. 35.79.040 Title to vacated street or alley. 35.79.050 Vested rights not affected. RCW 35.79.010 Petition by owners -- Fixing time for hearing. The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the legislative authority to make vaeatinn, giving a description of the property to be vacated, or the legislative authority may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution. [1965 ¢ 7 § 35.79.010. Prior: 1957 ¢ 156 § 2; 1901 e 84 § 1, part; RRS § 9297, part.] RCW 35.79.020 Notice of hearing - Objections prior to hearing. Upon the passage of the resolution thc city or town clerk shall give twenty days' notice ~fthe pendency of the petition by a written notice posted in three of the most public places in thc city or town and a like notice in a conspicuous place on the street or alley sought to be vacated. The said notice shall contain a statement that.a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the heating of the petition. In all cases where the proceeding is initiated l~y resolution of the city or town council or similar legislative authority without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county treasurer, directed to the address thereon shown: PROVIDED, That if fifty percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be prohibited from proceeding with the resolution. [1965 ¢ 7 § _35,79.020. Prior: 1957 c 156 § 3; 1901 ¢ 84 § 1, part; RRS § 9297, part.] RCW 35.79 CHAPTER Page 2 of 3 RCW 35.7%030 Hearing - Ordinance of vacation. The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date fixed by resolution or at the time said hearing may be adjourned to. If thc hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation. If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority. If the legislative authority determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated. The ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located. One-half of the revenue received by the city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city or town. [2002 e 55 § 1; 2001 ¢ 202 § 1; 1987 c 228 § 1; 1985 c 254 § 1; 1969 e 28 § 4. Prior: 1967 ex.s. c 129 § 1; 1967 c 123 § 1; 1965 ¢ 7 § 35.79.030: prior: 1957 c 156 § 4; 1949 ¢ 14 § 1; 1901 ¢ 84 § 2; Rem. Supp. 1949 § 9298.] RCW 35.79.035 Limitations on vacations of streets abutting bodies of water -Procedure. (1) A city or town shall not vacate a street or alley if any portion of the slreet or alley abuts a body of flesh or salt water unless: (a) The vacation is sought to enable the city or town to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses; (b) The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: Port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or (c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated. (2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the city or town shall: RCW 35.79 CHAPTER Page 3 of 3 (a) Compile an inventory of ail rights of way within the city or town that abut the same body of water that is abutted by the street or ailey sought to be vacated; Co) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or town for any of the following purposes: Port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education; (c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or ailey sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular officiai indicating his or her objection; and (d) Make a finding that the street or ailey sought to be vacated is not suitable for any of the purposes listed under Co) of this subsection, and that the vacation is in the public interest. (3) No vacation shail be effective until the fair market value has been paid for the street or alley that is vacated. Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring additionai public view sites to a body of water, or acquiring additional moorage or launching sites. [1987 ¢ 228 § 2.] RCW 35.79.040 Title to vacated street or alley. If any street or ailey in any city or town is vacated by the city or town council, the property within the limits so vacated shail belong to the abutting property owners, one-hail to each. [1965 c 7 § 35.79.040. Prior: 1901 c 84 § 3; RRS § 9299.] RCW 35.79.050 Vested rights not affected. No vested fights shall be affected by the provisions of this chapter. [1965 c 7 § 35.79.050. Prior: 1901 c 84 § 4; RRS § 9300.] Minutes, 4/5/04 Page 4 of 10 Attachment 8 a. Approval of an Economic Development Administrator position description and funding Councilmember Fenton noted review of this item at the March 1 Finance & Safety Committee as well as the March 22 Committee of Whole meeting. Both spoke in favor of forwarding the item to a Regular meeting for action. Rhonda Berry, City Administrator, noted funding of the position comes in part from not filling the position of Assistant City Administrator. Additionally, it was noted there is no intent to fill that position. HERNANDEZ MOVED; FENTON SECONDED; TO APPROVE THE ECONOMIC DEVELOPMENT ADMINISTRATOR POSITION DESCRIPTION AND FUNDING. The motion carried 6-0. b. A resolution setting a public hearing for vacation of Maule Avenue (South 143rd Street to South 143rd Place) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~' TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF MAULE AVENUE FROM SOUTH 143RD STREET TO SOUTH 143RD PLACE Although this item did not go through any committee, it was presented at the March 22, 2004 Committee of Whole meeting. Jim Morrow, Public Works Director, reported that as part of a proposed City project, there is a piece of City-owned property which is recommended for vacation. This resolution sets the public heating and proposes a May 3, 2004 public hearing date. FENTON MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED RESOLUTION READ BY TITLE ONLY. The motion carded 6-0. Joe Schultz, Assistant City Attorney, read the title of the proposed resolution. FENTON MOVED; DUFFLE SECONDED; TO ACCEPT THE RESOLUTION AS PRESENTED. The motion carded 6-0. APPROVED RESOLUTION #1546 e. A resolution establishing a utility tax relief program for senior and disabled, low-income residents A RESOLUTION OF THE CITy COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A UTILITY TAX RELIEF PROGRAM FOR SENIOR AND DISABLED LOW- INCOME RESIDENTS Councilmember Fenton reported review of this item at a recent Finance and Safety Committee meeting. That committee was in favor of the proposed resolution. Alan Doerschel, Finance Director, noted minor edits have been made to the application to be used in , CAS Number: 04-058 I Original Agenda Date: April 26, 2004 Agenda Item Title: Bid Award 2004 Overlay & Repair Program Project bio. 04-Rw01 Original Sponsor: Council Admin. Public Works Timeline: Sponsor's Summary: This project will provide roadway repairs and overlays on city street segments. The project was advertised for bids on March 17 & 24, 2004. Bids were opened April 1, 2004 with four bids received. The low bid of $727,940.00 is from Watson Asphalt Paving Company. The bids were checked .and verified for responsiveness and references. Recommendations: Sponsor: Award the contract to Watson Asphalt Paving Company. Committee: Forward to COW and then Regular Council with reeommendation for award. Administration: Same as Sponsor. Cost Impact (if known): $727,940.00 Fund Source (if known): 104/02 Commercial Streets (pg. 42 2004 CIP) Meeting Date Action 4/26/04 COW; Discussion. Consensus existed to forward the bid award to the May 3, 2004 Regular meeting for action. Meeting Date Attachments 4/26/04 Information Memo dated~4pril 5, 2004 Map Bid Tabulation Recommendation Letter Highline ~Yater District Letter Transportation Committee Meeting Minutes from ~4pri112, 2004 5/0~/04 No attachments. CoL'NcIL AGENDA r'NOPSIS ....................... Initials ................... ITEM NO. Meeting Date Prepared by Mayor's review l Council review 4/26/04 ' ~ ~'"'"'~ ,.~.~'~ /"/ 51~/o4 Bb for LL "~/"~'- ITEM INFORMATION CAS Number: 04-062 I Original Agenda Date: 4/26/04 Agenda Item TiUe: A resolution changing a portion of Fort Dent Way to Starfire Way. Original Sponsor: Council Admin. x -I~meline: Starfire is anxious to be assigned an address Sponsor's Summary: Starfire's new building needs to have an address, and that is easiest to be done once the portion of Fort Dent Way they are on receives a new name. They prefer the name Starfire Way, and the Fire Marshall supports the change. Recommendations: Sponsor: Adopt the resolution Committee: Community and Parks recommended the renaming Administration: Same as sponsor Cost Impact (if knownS: Fund Source (if known) RECORD OF COUNCIL ACTION Meeting Date Action 4/26/04 COW; Discussion. with mino=;'edits suggested, Council consensus existed to forward the proposed resolution to the May ~, 2004 Regular meeting for action. APPENDICES Meeting Date Attachments 4/26/04 Memo from L Lauterbach 4/16/04 Map of road Resolution to rename a portion of Fort Dent Way Community and Parks minutes 4/13/04 05/0~/04 Resolution - Final Format. J ...pltu, r erc �y o isoa City of Tukwila Washington Resolution No 3" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CHANGING THE NAME OF A PORTION OF FORT DENT WAY TO STARFIRE WAY. ri WHEREAS, Fort Dent Way serves as a road to enter Fort Dent Park; and %r .y WHEREAS, several businesses on Fort Dent Way have already been given addresses that make it difficult to add a new building address on that street; and WHEREAS, Starfire Sports operates the fields and facilities, which includes the majority of Fort Dent Park; and WHEREAS, a Starfire Sports sport center and operations facility needs an address, and the City of Tukwila Fire Marshall has suggested Starfire be given an address on a street with a different name than Fort Dent Way; and WHEREAS, Fort Dent Way turns over a bridge, making Starfire Way a logical name change from Fort Dent Way to Starfire Way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Fort Dent Way, from the small bridge turning north into the Starfire Sports complex, is renamed Starfire Way." PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. st?;.,..: G ATTEST/AUTHENTICATED: Jim Haggerton, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk Passed by the City Council: Office of the City Attorney Resolution Number: Starfire Way 4/29/04 1 Meeting Date 5/03/04 CAS Number: 04-053 (Ref Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 1 11/24/03 1/26/04 I 4/12/04 1 Meeting Date 5/03/04 .1 COUNCIL AGENDA SYNOPSIS Initials Prepared by 1 Mayor's review 1 Council review 1 CK r A- 1 I 03 -151) I Original Agenda Date: May 3, 2004 Adopt Revised Chapter 9.48 for Traffic Concurrency Standards and Impact Mitigation Fees and repeal all previous underlying ordinances. Council Admin. Recent legal challenges to the City's Traffic Concurrency Standards ordinance, specifically to the impact mitigation fee methodology, have created a need for Tukwila to modify the Tukwila Municipal Code (Chapter 9.48). We also have to update the project list. Adopt the revised TMC Chapter 9.48 Traffic Concurrency Standards and Impact Fees Forward to Regular Council Same as Sponsor RDICT Action Discussed for information only Discussed for information only Sent back to Transportation Committee on 4/26/04 ;PEND,CES Attachments Information Memo dated April 21, 2004 Draft Impact Fee List Ordinance TMC Chapter 9.48 Transportation Committee Meeting Minutes from April 26, 2004 ITEMNO. Public Works INFORMATION MEMO To: Mayor Mullet From: Public Works Directotr,(~ Date: APril 21, 2004 Subject: Transportation Concurrency and Imoact Mitieation Fees Ordinance Chances ISSUE Update to the Impact Mitigation Fee list and modifications to the Concurrency Ordinance (TMC 9.48). BACKGROUND Recent legal challenges to the City's Concurrency Ordinance, specifically to the impact mitigation fee methodology, have created a need for Tukwila to modify the Concurrency Ordinance (TMC 9.48) and update the Mitigation Fee list. ANALYSIS As disenssed at both Transportation Commit'tee and Committee of the Whole on April 12, 2004, the proposed language changes to TMC 9.48 have been fmalized. The attached proposed ordinance includes the language changes necessaryto bring Tukwila's ordinance into compliance with state laws. Additionally, policy direction is needed from Council before the final Impact Fee list can be adopted and incorporated into the City Code. Attached to this information memorandum is the current proposal for impact fee amounts. Two projects had typographical errors in traffic volumes, which have been corrected in this version. The impact fee amounts have changed due to the corrections but the initial assumptions presented previously have remained the same. RECOMMENDATION Review.the proposed ordinance changes and mitigation fee list and refer to full Council for adoption. Draft Impact Fee List Proposed Update Estimated New Impact Fees based on assumption of expected mitigation o$0 1990 2010 Total Modeled Modeled Pk Vol Improvement Public./ Project # Intersection or Link Pk Vol Pk Vol DIN Cost Local Cost Awarded Grant Expected Grant Actual Mitigation Impact Fee Expected Funded Mitigation Amount Cost/Trip 96 -RW18 Southcenter Pkwy 168 signal (1) 2,425 3,324 899 $340,000 $170,000 $0 $0 $0 $170,000 $170,000 $190 93 -RW11 W Valley /Strander NB dual left turn lanes (1) 3,433 4,316 883 $953,000 $244,500 $464,000 $0 $0 $244,500 $244,500 $280 89 -RW13 Interurban Bridge widen for dual lefts (1) 2,831 3,945 1,114 $1,887,000 $309,000 $1,228,000 $0 $41,000 $309,000 $268,000 $240 84 -RWO7 Minkler (APW - Southcenter Pkwy) construct 3 lane street (2) 0 1,015 1,015 $1,644,000 $1,219,000 $0 $0 $0 $425,000 $425,000 $420 88 -RWO4 Andover Pk W (T Pkwy - Strander) widen to 5 lanes (2) 1,112 1,833 721 $800,000 $400,000 $0 $0 $0 $400,000 $400,000 $550 03 -RW05 Andover Pk E @ Minkler widen to 5 lanes @ ints. (1) 970 1,420 450 $200,000 $100,000 $0 $0 $0 $100,000 $100,000 $220 84-RWO3 Southcenter Pkwy (180 - S city limits) construct 3 and 5 lane street (3) z f yl 408, -': ,80Q, 1,192 $7,096,000 $1,374,000 $350,000 $4,646,780 $0 $725220 $725,220 $610 02 -RWO4 Southcenter Blvd (51 S - TIB) widen to 3 lanes (1) .,;` 3 , .860 , a • 1241' 381 $1,750,000 $875,000 $0 $0 $0 $875,000 $875,000 $2,300 89 -RWO5 E Marginal (BAR - 112) widen to 3 lanes (2) 1685 2432 747 $1,955,000 $595,000 $0 $700,000 $0 $660,000 $660,000 $880 84 -RW19 Klickitat (Southcenter Pkwy -15) Construct flyover (4) 2337 3372 1,035 $13,300,000 $3,800,000 $0 $7,000,000 $0 $2,500,000 $2,500,000 $2,420 These two;projects } ad typographical errors xl gMvlous versions Assumptions: (1) 50% of project cost public cost, 50% of project cost to be collected through impact fees (2) Financing strategy mirrors adopted CIP (3) 86.5% of assumed grant from CIP, 13.5% of assumed grant assigned to expected mitigation (4) Following policy direction of no individual fee to exceed approximately $2,500, assuming some percentage of project cost to be paid through impact fees Note: Impact fees are collected for each project until the "Impact Fee Funded Amount" is fully collected Impact Fee Worksheet • Printed 4/21/04 4:53 PM r� 7 W Z 'sad ,Ohs:' zt y'. .1r 1'sos City of Tukwila Washington F Ordinance No AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE Na 1769 AS CODIFIED AT 3: TMC CHAPTER 9.48; CREATING NEW TRANSPORTATION t CONCURRENCY STANDARDS AND IMPACT FEES; PROVIDING FOR i.X SE VERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila seeks to insure that state mandated standards for concurrency in existing facilities and new development are met and WHEREAS, the City of Tukwila seeks to insure that new development is fairly .r �ol <{a assessed a proportionate cost of new infrastructure required to serve the new development o- NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: 4 Section 1. Repealer. Ordinance No 1769, as codified at Tukwila Municipal Code ;s A. I. Chapter 9.48, "Transportation Concurrency Standards," is hereby repealed in its entirety. Section 2. Transportation Concurrency Standards and Impact Fees. A new Tukwila s?, f Municipal Code Chapter 9.48, "Transportation Concurrency Standards and Impact Fees," is hereby created to read as follows: Chapter 9.48 TRANSPORTATION CONCURRENCY STANDARDS AND IMPACT FEES Sections: Division I Transportation Concurrency, Generally %=r` 9.48.010 Authority and Purpose i 9.48.020 Definitions 248.030 Exemptions 1 f.:- Division II Transportation Concurrency Management %x 9.48.040 Determination of Transportation Concurrency Required Level-of-Service 9.48.050 Level -of- S Methodology 248.060 Arterial Classification System -;f- 9.48.070 LOS Standards for Specific Locations 9.48.080 Design of Arterial Improvements; Load Limits Division III Impact Fees 9.48.090 Transportation System Improvement for which Transportation Impact Fee may <r; be Imposed 9.48.100 Scope and Use of Impact Fees 248.110 Designation of Service Area `=.y%:''= 248.120 Previously Incurred Transportation System Improvement Costs f: 9.48.130 Traffic Studies and Mitigation of Impacts lit 9. 48.140 Impact Mitigation Fees ""'r' 248150 Transportation Impact Fee Schedule 9.48.160 Credit to Developer 248.170 Unusual Circumstances 9.48180 Consideration of Studies or Data Provided by Developer 248190 Adjustments to Mitigation Requirements 248.200 Mitigation of Traffic Safety Hazards Division IV Appeals z 9.48.210 Appeals -I Caanarencystandards 4/30/04 Division I - Transportation Concurrency, Generally 9.48.010 Authority and Purpose A. Tukwil~ is authorized to tmpose transportation concurrency standards and transportation impact fees on new development pursuant to the Growth Management Act, RCW 36.70A.070 and RCW 82.02.020 B. The purposes of this chapter are to: 1. Establish reasonable transportation concurrency standards to ensure that adequate facilities are available to serve existing and future traffic demands on City 2. Ensure that financial commitments are in place so that adequate transportation facilities are available to serve new growth and development; 3. Promote orderly growth and development by establishing standards which require that new growth and development pay a proportionate share of the cqst of new transportation facilities needed to serve new growth and development; 4. Ensure that transportation impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact;, and 5. Irnplemant the transportation policies of the transportation element of the TukwilaComprehensive Plan. 9.48.020Definitions As used in this chapter, the following definitions shall have the meanings set forth 1. "Development Activity" means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land, that creates additional demand and need for Transportation System Improvements. 2. "Director" means the Tukwila Director of Public Works, or his or her authorized designee. 3. "Transportation Impact Fee" means a payment of money imposed upon development as a condition development approval pay of to for Transportation System Improvements needed to serve new growth and development, and that is reasonably related to the new development that creates additional demand and need for public transportation improvements, that is a proportionate share of the cost of the transportation improvements, and that is used for transportation improvements that reasonably benefit the new development. "Transportation Impact fee" does not include a reasonable permit or application fee. 4. "Transportation System Improvement~' means any and all capital improvements to the transportation infrast~ucOare of the City constructed pursuant to City design and development standards and requirements, including, but not limited to, roads, bridges, overpasses, sidewalks, curbs, turn lanes, traffic signals, traffic signs, HOV lanes, bus shelters, and associated landscaping. 9.48.0~0 Exemptions A. This chapter shall not apply to single-family building permits, multi-family building permits for projects containing four or fewer units, short plats, or any non- residential project that is categorically exempt from SEPA pursuant to TMC 21.04.080, 21.04.100, or 21.04.110. The Department of Public Works, shall also waive compHance with this chapter for other projects which will not generate new traffic trips. B. Any impact fees resulting from the Development Activities listed in this subsection shall be paid from public funds. Division II Transportation Concurrency Management 9.48.040 Determination of Transportation Concurrency Required A. Any new development or redevelopment that is not categorically exempted under TMC 9.48.030 is required to demonstrate compliance with this chapter. B. No Type 1, 2, 3, 4 or 5 decision which is subject to this chapter shall be approved unless a determination is made by the appropriate department that the standards of this chapter have been met. C. For Type 1 and 2 decisions, the Department of Community Development shall refer the application to the Department of Public Works, which shall determine whether the application complies with City standards regarding transportation concurrency and, if not, what mitigation is required. D. For Type 3, 4 and 5 decisions, the Department of Community Development shall refer the application to the Department of Public Works, which shall determine whether the application complies with City standards regarding transportation concurrency and, if not, what mitigation is required. A statement identifying the required mitigation, if any, shall be incorporated into the staff report required by TMC 18.112.020. 9.48.050 Level -of- Service Methodology A. Level -of- service "LOS") gradations for corridors shall be graded from LOS A to LOS F, as defined in the most current version of the Highway Capacity Manual f t P by published b the Transportation Research Board. Intersections shall be measured in average delays at intersections or average travel speeds on corridors, as determined by the Department of Public Works following the methodology included in the Highway Capacity Manual or other approved methodology. B. The Department of Public Works may, in its discretion, utilize either a standard t LOS gradation system or, in the case of intersections that are experiencing high congestion, an expanded LOS gradation system to evaluate. The LOS gradations for intersections, based on average delays are Level of Service Standard Expanded A 7 5 cernndc 7 5 carnndc 1 R 7,5 15 cernnrl 15 cern C 15.1 75 cern 75 tern H—T) 25.1 40 second All carne F. 401 60 Reco 4 I 1 An Rare F 60 seconds 601 12Q spec,' I n I :1 •1• H IIR0 -7411 Reran• T 124p Rnfl cernncT y: :1. I T I 3on Rernn,(Tc ,::V::. 9.48.060 Arterial Classification System A. The Tukwila Functional Arterial Classification System, which is in accord with. required Federal and Washington State arterial standards, is as follows: Street Classification Pri�cina1 TTRp F r :let, _ArracR Arrecc m abutting property Collector Arterial Between access 8r minor Minor Arterial Between collector prjm:ypat "F." 1M•.. 4Y •11.1..1 eR 2.: B. The Department of Public Works shall classify all streets in the City in accordance with the classifications in TMC 9.48.060A. Such classifications shall be .;i reviewed and modified as necessary by the department from time to time 3_ Concurrency Standards 4/30/04 aa. 9.48.070 LOS Standards for Specific Locations A. A minimum LOS standard of •E for traffic capacity shall be maintained, based upon a calculation of average LOS, for the following arterial segments: 1. East Marginal Way (5. 112th St. to north city limit) 2. Interurban (Southcenter Blvd. to I -5) 3. Tukwila International Boulevard (5. 152nd St. to Boeing Access Rd.) 4. West Valley g e Highway Y(1-405 to S. St.) St. of S. 180th S ter Parkway south o 5. Southcenter Y the Central Business District ("CBD") area, a minimum average LOS level of B. In th g E shall be maintained. In the CBD, LOS shall be determined by using the "link" averages for the 17 segments defined in the Transportation Element of the g I CBD the area bounded by 1-5, section, the CB is of this secti Comprehensive Plan. For purposes o Corn reh Y Pm'P I405, the Green River, and S. 180th St. C. A minimum LOS standard of E for traffic capacity shall be maintained, based upon a calculation of LOS for individual intersections and corridor segments for all other minor, collector and principal arterials principally serving commercially zoned property. D. A minimum LOS standard of D for traffic capacity shall be maintained, based upon a calculation of LOS for individual intersections and corridor segments for all minor and collector arterials in predominantly residential areas, provided that for the following arterials, LOS shall be calculated based on the average LOS for the arterial: 42nd Ave. S., S. 160th St., S. 164th St., Macadam Rd., S. 124th St., S.130th St., S. 132nd St., S. 144th St., 53rd Ave. S., and 65th Ave. S. A: E. Access streets which exceed 1,000 vehicles per day volume will be evaluated on a case -by -case basis to determine whether traffic improvements or control measures are required to reduce volumes and provide adequate safety. 9.48.080 Design of Arterial Improvements; Load Limits A. Arterial improvements in commercial areas shall be designed to include trucking geometric and loading parameters. B. Trucking will be allowed on all arterials as well as commercial area access streets unless restricted by load limits. Load limits may be used as restrictions following a traffic study. Division III Impact Fees 9.48.090 Transportation System Improvement for which Transportation Impact Fee may be Imposed A Transportation Impact Fee may only be imposed on Transportation System Improvements that are identified within the Capital Facilities element of the Comprehensive Plan and /or any associated background reports therein referenced or adopted, or any updates to the aforementioned documents. 9.48100 Scope and Use of Transportation Impact Fees Transportation Impact Fees: 1. Shall only be imposed for transportation improvements that are reasonably related to the traffic impacts of the new development 2. Shall not exceed a proportionate share of the costs of transportation improvements that are reasonably related to the new development; 3. Shall be used for transportation improvements that will reasonably benefit the new development; 4. Shall not be used to correct existing deficiencies; and 5. Shall not be imposed to mitigate the same off -site traffic impacts that are being mitigated pursuant to any other law. 4- Concurtency Standards 4/30/04 9.48.110 Designation of Service Area The service area in which the City shall calculate and impose a Transportation Impact Fee for Transportation System Improvements per unit of development shall be the area contained within the legal boundaries of the City. 9.48.120 Previously Incurred Transportation System Improvement Costs The Director may impose a Transportation Impact Fee for Transportation System Improvement costs incurred by the City prior to Development Activity if the Development Activity will be served by the previously constructed Transportation System L. Y .ement. However, no Transportation Impact Fee imposed pursuant to TMC 9.48.120 may make up for any Transportation System Improvement Deficiencies. 9.48.130 Traffic Studies and Mitigation of Impacts 5;n A. TMC 9.48.070 identifies Level of Service standards for specific areas and corridors that can be maintained by making improvements identified in the Transportation Element based on 2010 "build out" development traffic projections. Level of Service standards are also established for other non specific arterials and for access streets. B. Any proposed project which requires a Type 1, 2, 3, 4 or 5 decision and which will generate five or more vehicle trips in an AM, noon, or PM peak hour period shall submit, as part of the application process, a trip generation analysis using standard generation rates published by the Institute of Transportation Engineers, other standard references, or from other documented information and surveys approved by the Department of Public Works. In addition, such projects shall submit a trip distribution study, unless the requirement for such study is waived by the Department of Public Works. C. If the trip generation and distribution studies demonstrate that the proposed project will generate five or more additional peak hour traffic trips in a specific area or corridor prior to the horizon year established by the Transportation Element of the Comprehensive Plan, impact mitigation fees shall be determined based on the fees established in TMC 9.48. D. If the trip generation and distribution studies demonstrate that the proposed project will generate five or more additional peak hour traffic trips on any non specific arterial or access street such that the intersection, corridor, or area will be below the Level of Service standards established in TMC 9.48.070, prior to the horizon year established by the Transportation Element of the Comprehensive Plan, the Director of the Department of Public Works shall require, as appropriate to the particular circumstances, one of the following methods for mitigation of the project's traffic impacts: 1. Require the applicant to pay a mitigation payment equal to the applicant's proportionate fair share of the cost of the improvements necessary to restore the intersection(s), arterial(s) or access street(s) to: a. a level of service that would exist at the time the project is completed, but without project traffic, or b. the level of service standard established in TMC 9.48.070; or 2. Require the applicant to complete the improvements required to restore the intersection(s), arterials) or access street(s) to: a. the level of service that would exist at the time the project is completed, but without project traffic, or b. the level of service standard established in TMC 9.48.070; or 3. In appropriate cases, mitigation may consist of a combination of improvements constructed by the applicant and mitigation payments. If the proposed project does not generate five or more additional peak hour traffic trips at an intersection or corridor which will be below the Level of Service standards established in TMC 9.48.070 prior to the horizon year for the Transportation Element of the Comprehensive Plan, no mitigation under TMC 9.48.130 will be required for that intersection or corridor. -5- ConcurrencyStandards 4/30/04 E. A project applicant shall have the right to mitigate all or a portion of the capacity impacts of a project by utilizing capacity mitigation measures, including but not limited to, carpooling and rideshare programs, widenings (roadway, lane, radius), signal improvements, and other capacity imi..,.,,,...,ents. In the event that mitigation measures such as carpooling and rideshare programs are proposed, the applicant shall execute such agreements with the City as are necessary to assure the permanent availability of such programs. `h F. In the event that the applicant completes improvements which are part of the Transportation Impact Fee Schedule and the cost of such improvements exceeds the applicant's proportionate fair share of the cost of such improvements, the applicant %N; shall be entitled to apply to enter into a Latecomer Agreement with the City. 9.48.140 Impact Mitigation Fees A. Impact fees for the specific areas, intersections and corridors identified in TMC 9.48.070 are provided in the schedule of Transportation Impact Fees in TMC 9.48.150. The Transportation Impact Fee Schedule has been reasonably adjusted for taxes and other revenue sources, which were anticipated to be available to fund public improvements. B. The Transportation Impact Fee Schedule shall be updated annually by the t 4;. Department of Public Works and adopted by motion or resolution of the City Council. :91 C. If the trip generation and distribution studies demonstrate that the proposed project will generate five or more additional peak hour traffic trips on any project or z projects identified in the Transportation Impact Fee Schedule, an impact mitigation fee 5:• will be assessed, payable at issuance of the building permit. Final fee determination is based on the number of trips impacting the project multiplied by the cost per trip ',t identified in the Transportation Impact Fee Schedule. t 9.48.150 Transportation Impact Fee Schedule The standard Transportation Impact Fees to be imposed are set forth as follows: y le I 1990 2010 Pk Vol I i...,. Cost ant I cost/ fF Southcenter Pkwy /168 Signal W Valley Strander NB dual left tum lanes :;:;s:..:" Iy I widen dual it i I Mm (APWe S/C t Pkiry) I a S 178 St (S /C Pkwy WCL) r realign (cap /safety /transit) fz:; Andover Pk W (T Pkwy Strander) widen to 5lanes M. I widen t 51aness ©lints. Southcenter Pkwy (180 S. City limits) construct and 5 lane street 9.48.160 Credit to Developer A developer is entitled to a credit against a Transportation Impact Fee for the value of any dedication of land for, improvement to, or new construction of any Transportation System Improvement provided by the developer to the City as a condition of approval of the Development Activity. i'= 9.48.170 Unusual Circumstances At the time a Transportation Impact Fee is imposed, the City shall be allowed to adjust the standard Transportation Impact Fee to consider unusual circumstances in specific cases to ensure that a Transportation Impact Fee is imposed fairly. -6- tS., Concutrency Standards 4/30/04 7T; 9.48,180 Consideration of Studies or Data Provided by Developer In calculating the amount of a' Transportation Impact Fee, the Director may consider studies and data submitted by the developer in determining whether any adjustment o ent f the standard Transportation Impact Fee is warranted. n J P P anted. 9.48.190 Adjustments to Mitigation Requirements 1f, in the rare instance and in the judgment of the Director, none of the options for calculating impact mitigation amounts accurately reflect the impacts of the new development, the Director may allow the fee payer to conduct an independent fee calculation. The fee payer shall, at that time, prepare and submit to the Director an independent fee calculation of the development P activity for which the building permit or development approval is sought. The document(s) submitted shall show the basis ;;;;14. upon which the independent fee calculation was made and the proposed amount of the fee. The Director is not required to accept any documentation that the Director reasonably deems to be inaccurate or unreliable and may require the fee payer to submit additional or different documentation for consideration. Based on the information within the Director's possession, the Director may adjust the impact fee ^i calculation to the specific characteristics of the development, if necessary. 9.48.200 Mitigation of Traffic Safety Hazards A. If the Department of Public Works determines that a hazard to safety could reasonably exist as a result of traffic generated by a project, the applicant shall be required to construct the improvements necessary to mitigate the traffic safety hazard, regardless of whether the roadway corridor or intersection meets the capacity standards of this chapter. B. If the Department of Public Works determines that there is an existing hazard to safety affecting a traffic corridor or intersection which will be impacted by traffic from a proposed project and that the improvements necessary to resolve the safety hazard are not a funded project in the Capital Improvement Program and are not already funded for correction from other sources, the applicant shall have the option of 1 1. Constructing the improvements necessary to mitigate the traffic safety hazard, subject to the right to apply to enter into a Latecomer Agreement regarding such project, or 2. Postponing the project until such time as a project to correct the safety hazard has been fully funded. Division IV Appeals 948,210 Appeals A. Any party seeking to appeal a Transportation Impact Fee or mitigation requirement imposed by the Director under TMC 9.48 may file an appeal of Type 1 decision as provided in TMC 18.104.010(0) and TMC 18.108.010(0). B. Any fee payer may pay the Transportation Impact Fee imposed by TMC 9.48 under protest in order to obtain development approval. Appeals regarding the Transportation Impact Fees imposed on any Development Activity may only be taken forward by the fee payer of the property where such development activity will occur.. No appeals shall be permitted unless and until the Transportation Impact Fees at issue have been paid. C. Determination of the Director with respect to the applicability of the Transportation Impact Fees to a given Development Activity, the availability or value of a credit, or the Director's decision with respect to the independent fee calculation or any other shall be appealed to the hearing body pursuant to TMC 18.104.010(B) and TMC 18.108.010(B). Section 3. Severabflity, 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. -7 ConcurrcncyStandards 4/30/04 Section 4. Effective Date. This ordinance or wummary thereof shal l be pub ed in the official newspaper of the City, d sh effect and be in full force five days afte. a_rand publication as provided %law. PASSED BY THE CITY COUNCIL 7 THE CITY OF TUICWILA,WASHINGTON, _aRegular Meeting thereof t a s 2004. w9&UTHENTIc 22 Steven M. Mullet, Mayor \<2 Jane E. Cmk CMC, City Clerk Filed wi± the City o APPROVED AS TO FORM Passed by the City CounciF dlisha a_ D_ Office wt City Att _y adinanceN_r \d2 _____04 Transportation Committee April 26, 2004 DRAFT Present: Joan Hernandez, Chair; Pam Carter, Joe Duffle Jim Morrow, Cyndy Knighton, Ryan Larson, Brian Shelton, Bob Giberson, Frank Iriarte, Lucy Lauterbach 1. Sound Transit Light Rail Brian gave a very general report on some of the issues he is dealing with on Sound Transit. One issue is the columns that will be used to construct the rail line, and how much space they may take up on Tukwila International Boulevard. Brian showed three pictures of how the system might look. They will build it by bringing in sections of colttmn and track to install one at a time. The Committee members asked if the columns would be graffiti-proofed. Brian said they'll makc it easy to remove graffiti. Information. .~ 2. Transportation Concurrency and Impact Mitigation Ordinance Because a recent lawsuit pointed out the need to update Tukwila's concurrency and mitigation ordinance, Cyndy worked to clean up the old ordinance and apply generally the same methodology as before, with some updated numbers. Jim M said it's important to get agreement on a reasonable cosfftrip. The first draft presented to the Committee had cost/trip too high for the comfort of the members. They are now proposing a table with the highest cost/trip under $2,500. The City would pay half of the cost of the projects, and that mount would not include grants, which are taken out before the City and developer costs are figured out. It's not clear how the City will fund the projects, though they are in the 6 Year Plan. The paybacks business make will come to the City much later than the projects that are being planned and will be built. Cyndy reiterated that only trips that are an increase over current trips are counted for mitigation. Pam C had some comments about clarifications needed in the ordinance. The Committee understood that this version of traffic concurrency is only to be used until a more thorough study of what can be used, is done next year. Recommend ordinance to Regular Meeting. 3. S. 144t~ Street Improvements Plans are ready for construction of S. 144th Street improvements to begin this summer. One of the things that has helped past street projects is a blanket condemnation used when street fight of way (ROW) is needed from adjacent property owners. A list of twelve properties with needed fight of way was provided, and Cyndy pointed out on a large map where the parcels are located. Jim M said this has worked well in the past, removing names offthe list as they reach agreement with the City. Only one property on both S. 180th and on TIB were needed after all the negotiations were done. The Committee asked if the Samara needed to give ROW, and Cyndy said they did not. Recommend ordinance to COW and Regular Meeting. 4. TIB Phase I and Ribbon Cutting Ceremony If all goes well, City Light will have undergrounded Phase I of TlB by late winter, 2005. A month later all the sidewalk completions and finishing work will be done. However, some thought it would be good to have a ribbon cutting ceremony before the formal completion of this phase. There were a lot of people who helped mm the highway over to the City, and who helped secure funding for its improvement. The highway is being paved this week. Some of the organizations and people who've helped include Senators Patty Murray, Maria Cantwell, and Margarita Prentice; Congressman Adam Smith; as well as STP, TIB, WSDOT, Safety, and SGI who is donating street trees. August was mentioned as a possible date. Information. 5. First Quarter Reports The Committee members had reviewed the reports and commented on a couple of items, but did not have questions. Information. __ Committee chair approval