Part 1

“The fight over Sound Transit's coming to the Eastside, which Freeman-backed I-1125 would jeopardize, is a proxy battle in this bigger war.”

There are two real legal threats to the East Link plans, and neither of them has anything to do with I-1125.

Section 3 of I-1125 supposedly would preclude WSDOT from handing over “lanes” to Sound Transit. Here’s the inititiative:

http://www.sos.wa.gov/elections/initiatives/text/i1125.pdf

That part of this proposed legislative enactment “by the people” is entirely superfluous. WSDOT already is prevented from transferring highway infrastructure in which gas tax revenues had been invested if non-highway use (such as by trains) would result. Article II sec. 40 of the state constitution limits WSDOT in that way.

Hundreds of millions of dollars of those restricted assets have been invested in building, maintaining, improving, and engineering those I-90 highway structures across Lake Washington, so the constitution already is a legal barrier to this proposed infrastructure handover. Moreover, at the end of the “Freeman v. Gregoire” majority opinion a couple of months ago the justices hinted broadly that constitutional provision precludes WSDOT from transferring that infrastructure to Sound Transit.

The second legal barrier to East Link is that WSDOT's enabling statutes require it to improve and maintain highway infrastructure, and none of WSDOT's statutes allow it to “surplus” highway infrastructure with such huge present and future utility to the driving public.

I’d ask any lawyers or judges reading this to weigh in and let everyone know if they disagree with the above. Problem is, apparently no WSBA members know how to log in and comment on Crosscut stories.

Part 2

I-1125 was drafted by Sound Transit’s lawyers, in the same way they drafted I-776 and I-1053. Eyman is their front-man for these essentially-deceitful litigation-magnets. He only plays the part of an enemy of that taxing district. Freeman also is a friendly-enemy of that taxing district, as can be seen by the bogus, improper legal claims he raised in the supreme court writ action that just wrapped up several months ago (now re-filed in Kittitas County, an improper venue). Freeman and his dishonest lawyer Talmadge did not even seek discovery on the issues of the extent of the infrastructure that would be transferred and the amounts and purposes of the state highway trust fund spending in that corridor. That is critical evidence for a proper Article II sec. 40 claim. That bogus writ proceeding was rejected as premature (the deal hasn’t been done and it may never be done), and the new action in Kittitas County likewise is premature for those same reasons.

The real purpose of I-1125 – if it passes – is to generate litigation, so the governments’ lawyers can get back in front of the dirty justices who act dishonestly time and time again to abuse individual taxpayers when requested to do so in “friendly-enemy” lawsuits. If it is not approved, I-1125 will serve the purpose of providing Sound Transit’s PR team with material (“There now is no legal barrier to East Link!!!”).

This piece says “Freeman” backed I-1125, but it was his development company that provided the money. That means any of the developers, contractors, etc. Freeman Development Corp. contracted with could have provided the money. The interests that would get rich from the proposed Bel-Red road projects could have provided the money because litigation relating to sec. 3 of I-1125 could weaken the provisions of Article II, sec. 40.

Nobody who matters truly believes the passage of I-1125 would prevent the proposed WSDOT-Sound Transit infrastructure handover. That is evident because that deal has not been completed already. If I-1125 presented a real threat, Paula Hammond would have declared the infrastructure surplus, and she (as WSDOT head) and Sound Transit’s board would have signed off on the “airspace lease” the term sheet contemplates. Subsequent litigation can not impair an existing contract, per the constitution.

WSDOT and Sound Transit have not acted to render I-1125 completely moot in advance by completing the lease agreement they’ve been talking about for years. Why haven’t they done that? They want an excuse for delay (“Now we have to litigate and wait for that to run its course, instead of going ahead with East Link”).

Interbay awaits further development, but as South Lake Union is built out--hey, it's almost done--pressure will increase to develop southward, beyond the stadiums in SODO. There is a tremendous opportunity here, albeit one that is political hara-kiri. Merge the ports of Tacoma and Seattle, ending this expensive and unnecessary internecine rivalry, increase Puget Sound's maritime competitiveness with its real rivals to the north and south, and rationalize the use of valuable waterfront. Seattle may lose some of its Pony Express-like sentimentality for a "working waterfront" but I doubt that longshoremen's commute time will change much. Similar approaches have worked well in British Columbia and San Francisco/Oakland. Property taxes are likely to decrease, and chances are we would have to look at fewer stacked ship containers.

South Lake Union is more "downtown fringe" than "downtown." It's not designed to be "the" center. Fourth and Pine does that just fine.

It works for big organizations because it gives them something they want -- an urban location with good services around it, with multiple adjoining blocks available, and often full blocks rather than portions of blocks. Or, in cases like Cornish if we're including south of Denny, multiple existing buildings.

Yes, SLU desperately needs east-west connections. Street connections are one of the main reasons I'm a fan of the 99 DBT and Mercer II. At least three other locations need pedestrian skybridges badly: Aurora a few blocks north of Mercer, and the north side of Denny Way over I-5, and something around Harrison over I-5.

Funny that the Gates Foundation building is featured as an SLU example. Out of all the development going on in that area, I think the Gates building is a poor example of what we need.

Now, don't get me wrong. The purpose of Gates Foundation and the activity it brings to the area is great. The architecture itself is fine.

The problem is that it's a suburban buiding. It covers a superblock, cutting of pedestrian access through the middle. It has huge driveways and other areas dedicated to vechicles, over proportioned to areas for peds. And the buildings, are too broad. Simply, not urban. Hey, even Bellevue is breaking up their superblocks to allow peds to get through.

Fortunately, I haven't seen this kind (Gates Foundation) of development going on elsewhere in SLU. But, if it does, we will loose one of the strong features of this neighborhood - pedestrian orientation. Our relatively small blocks and many streets are vital to the futures of peds. Let's make sure we keep them!

This piece is more balanced than Westneat's, which it mentions, primarily because it doesn't repeat the big mistake of claiming that SLU has increased jobs in Seattle. It does however quote Mann, saying that the area has attracted 13,000 jobs. Mann is reflecting on the difference between pre-development in the SLU area and now. It is flawed to use that figure of 13,000 jobs as a credit to SLU- almost none of the jobs are in new companies or research entities to the city, and the increase in number is largely because Amazon is booming, as it was before it moved. In these migrating 'downtowns', which is probably a misnomer anyway, most all of the jobs have moved to SLU from elsewhere in the city. One can argue that SLU is or isn't a good place, but it should be mentioned that when those jobs are 'created' there, they are uncreated elsewhere. Cities everywhere have forever been reinventing places where the rents are cheaper and spaces more open, its what cities do.

But when a new place is bulldozed and opened to developers, it means that somewhere else in the city is sliding into neglect. The larger question, one that Nick Licata has repeatedly asked about the allocation of transit dollars to the SLU, is what does that neglect cost in other areas. The whiz-kid new buildings in the SLU often claim sustainability. But is it sustainable for the city as a whole when perfectly good older buildings are abandoned? Allen continues to get credit for getting developing SLU- but what has its development cost the city? The quote from Mann says that the development in SLU has resulted in $5million additional tax revenues, is that over what the area brought in before development, or is it in addition to revenues the city was already getting? What does leap-frogging do for the places jumped over?

@gabowker: How much more development do we really want to allow on the shifting sands of SODO? http://www.outsideonline.com/outdoor-adventure/nature/Totally-Psyched-for-the-Full-Rip-Nine.html (or http://bit.ly/ojhDOu for short)

@mhays: A pedestrian bridge over I-5 between Denny and Lakeview would be welcome, but might I suggest Republican instead of Harrison? http://www.historylink.org/index.cfm?DisplayPage=output.cfm&file;_id=3261 (or http://bit.ly/n6uSxl for short)

From above, (Startups need low rent). Can anyone confirm any of the rental rates for all the new Tom Douglas restaurants in SLU? Low rent would be advantageous in a very tough restaurant climate and at least 2 more closed this past weekend in Capitol Hill and Eastlake neighborhoods. Nettletown and Tidbit probably are not relocating to SLU. What are the rental rates for all the new SLU restaurants?

Benjamin, Republican sounds great, particularly if there's another crossing at Denny. Either way, it would be very well used. Looking at an aerial photo, it looks like Republican has more room for columns etc.

Of course ADA would require this to be a large project...no simple stair and bridge. A ramp system would be gigantic so an elevator seems like the realistic solution. This would force another benefit...an easy bike cheat-cut up the hill.

(Your link came up to a blank page on Historylink.)

The enormous pledge of tax payer’s dollars by our recent and current elected leaders for SLU are not appearing as frequently in these little PR "newlettes" like this one and Westneat's latest in the Times. For a reminder, with numbers and a perspective befitting these hard economic times, you can still visit:

http://www.zipcon.net/~jvf4119/SLU%20Costs.htm

@mhays, sorry about that. Try the short version--it seems to work. http://bit.ly/n6uSxl

The other problem with SLU besides the Aurora trench is the I-5 trench. Getting up to Capital hill is a pain from SLU. You can go through one of the worst intersections at Fairfiew, Denny & Boren, or go over the top on Lakeview.

Any sort of pedestrian ADA compliant facility would be huge if ramps were used. But without some better access, all of the housing on Capital hill is effectively cut off from SLU. What should be an easy walk or bicycle ride is a pain in the traffic.

Oh, and SLU is not a "downtown" by any means. No decent post office, almost no retail. Only a couple high priced eating places (Tom Douglas prices dominate). It feels more like an expensive add on to a suburban city, especially with Whole Paycheck being the grocery store.

It's one advantage is that while a bit of a walk, it's possible to walk to downtown or the foot of Queen Anne.

It would be an easier walk if the slanty part of Westlake wasn't designed for cars, with pedestrians forced to stair-step (think in plan) along much of it, with lotsa delays. Even so, all but the farthest parts of SLU are within pedestrian commute distance for much of the CBD.

Nice staircase Benjamin.

Thanks for this piece, the kind of story that keeps me reading Crosscut. I wasn't here for the Commons debate, but I'm glad it failed. Just what Seattle doesn't need, a 61-acre park that runs out to Lake Union. As it is, I'd like to see an Amazon employee make it to the Lake Union waterfront and back over lunch. Still too much open space! Not suggesting we need deep Manhattan-like canyons, but look at the photo accompanying the article. No danger of that in SLU. Heck, there's grass growing on the garage at Gates Foundation. I welcome the growth of SLU, don't think it's even close to having the density of a true "downtown" (look again at the photo), don't think it would have been better as a big empty park (that's why we have the rest of Washington State, much of it on full view from the city), and do wish it had fewer traffic bottlenecks.

Matt the Engineer at his blog Orphan Road has been championing aerial gondolas at his blog Orphan Road-
http://www.orphanroad.com/blog/2011/03/seattles-flying-tram-system
Just the thing for crosstown transportation for pedestrians and cyclists.

This state once had something called 'progressive taxation' for vehicle tabs, people who bought more expensive cars paid more for the privilege of driving on state roads. But the voters threw that system out for a flat tax, and so any programs paid for out of those revenues hit the the less fortunate the hardest. So if those programs need infusions of money, either the poor get hit or the program is drowned in Grover's Bathtub. The popular monorail was killed because of the narrow taxation made the finances a nightmare, and putting all transit improvements on the back of the regressive tab fees is a prescription for killing future improvements. This is Galt's world.

Oops, wrong thread-

Seattle personifies the maxim, "The inmates are running the asylum." Opulent wealth wasted on monumental delusions of grandeur. Only one visit need reveal the Seattle motif: a repulsion of natural surroundings. South Lake Union becomes an regimented assortment of glass tower windows overlooking a sewer of sparkling traffic. Roadkill is obligatory humor like giant orange traffic cones screaming Death in a Ford Taurus. Nearby a hammering man chained to a furnace curses his lot and passing tourists awaiting their wrought iron payment to spend erasing this memory.

Doesn't the emergence of SLU pretty much eviscerate the arguments of Pro-Density Advocates?

As in, what Paul Allen did was essentially create an "exurb" inside the old urb!

The bitter broken Old Downtown has given way to drug pushers and mobile mental outpatients.

So, he moved everyone to a new "suburb" of downtown.

Thus, he did what middle class people have been doing for decades...escaping The City for a cleaner, lower cost and more crime free, life...

Well said, jabailo. SLU is characterless office park...