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HomeMy WebLinkAboutCOW 2009-02-23 Item 5C - Interlocal Agreement - Duwmamish Gardens Conservation Futures Amendment with King CountyCAS NUMBER: 09-026 SPONSOR'S SUMMARY MVleetine Date 02/23/09 03/02/09 O c► 0 �P CATEGORY Discussion Motion n Resolution Mtg Date 02/23/09 Mtg Date 03/02/09 Mtg Date SPONSOR Council ma Adm Svcs AGENDA ITEM TITLE Duwamish Gardens Conservation Futures Amendment with King County King County and the City of Tukwila entered into Interlocal Cooperation Agreement #92- 113 for the allocation of King County Conservation Futures for the acquisition of parks and open space. This amendment will include new funding of $700,000.00 for the acquisition of Duwamish Gardens. Council is being asked to approve the amendment to the interlocal agreement with King County to allocate additional funding for Duwamish Gardens. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utihties Cmte Arts Comm Parks Comm. DA1'B: 02/09/09 RECOMMENDATIONS: SPONSOR /ADMTN. Public Works GOND/HI ILE Unanimous Approval; Forward to Committee of the Whole :-COST IMPACT=/ FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 EXPENDITURE REQUIRED $0.00 Fund Source: 301 PARKS TRAILS (PAGE 67, 2009 CIP) Comments: MTG. DATE 02/23/09 03/02/09 MTG. DATE 02/23/09 03/02/09 COUNCIL AGENDA SYNOPSIS Inztialr Prepared by Mayor's review 7M M M INFORMATION Ordinance Mtg Date DCD Finance Council review 1ORIGINAL AGENDA DAIL. FEBRUARY 23, 2009 ECORD OF COUNCIL ACTION Bzd Award Public Hearing Other Mtg Date Mtg Date Mtg Date Fire El Legal P &R Police PW/ Transportation Cmte Planning Comm. TTACHMENTS Informational Memorandum dated 02/02/09 Funding Summary Amendment to the Conservation Futures Interlocal AG with King County Minutes from the Community Affairs Parks Committee meeting of 02/09/09 I�LMNO. City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Public Works Director TO: DATE: February 2, 2009 SUBJECT: Duwamish Gardens Project No. 06 -DRO2 Conservation Futures Amendment to Interlocal Agreement #92 -113 ISSUE Approve an amendment to the Conservation Futures Interlocal Cooperation Agreement between King County and the City of Tukwila. BACKGROUND Jim Haggerton, Mayor King County and the City of Tukwila entered into Interlocal Agreement #92 -113, approved by the City Council on July 20, 1992, for the allocation of King County Conservation Futures funds to the City of Tukwila for the acquisition of parks and open space. This agreement has been amended as additional funds were allocated to the City. Analysis On December 24, 2008, the City acquired the Duwamish Gardens site and is now seeking grant reimbursement from the various funding sources (see attached grant funding summary). The City applied for and received $350,000.00 of Conservation Futures funding for both the 2007 and 2008 funding cycles for a total of $700,000.00. In order to receive this funding the original Interlocal Agreement will need to be amended to include the new funding. King County has prepared a standard amendment for City approval. RECOMMENDATION The Council is being asked to approve this Amendment to the Interlocal Cooperation Agreement with King County and consider this item at the February 23, 2009 Committee of the Whole Meeting and the subsequent March 2, 2009 Regular Meeting. attachments: Grant funding summary Interlocal Cooperation Agreement Amendment P:\PROJECTS\A- DR Projects\06 -DRO2 (Duwarrrsh Gardens) \InfoMemoDuw rrishlntertecal Arnendment2.doc Estimated Project Costs: Acquisition Phase Cost of Property Title and appraisal work (approximately $12k to $15k) Relocation (approximately $50k to $75k) Hazardous waste reports (approximately S 1 8k to S26k) Archeological investigations (approximately S1 Ok to S20k) Directly related staff, administration and legal costs (King County) (approximately S 12k to S 18k) Total Estimated Project Costs Funding Sources: Acquisition Salmon Recovery Funding Board WRIA 9 Kmg Conservation District grant City of Tukwila Conservation Futures 2007 Washington State Aquatic Lands Enhancement Account Grant King Conservation District grant (requested by WRIA 9 Forum) Conservation Futures 2008 `Washington State Capital Budget 2007- 2009 (ESHB 1092, Section 3175) Total: Funding Summary for Duwamish Gardens Acquisition February 4, 2009 Date Committed 2006 committed 2006 committed 2009 Budget 2007 committed 2007 committed 2007 committed 2008 committed 2008 committed Project funds can be used for acquisition, design, or construction. P:\PROJECTS\A- DR Projects \06 -DRO2 (Duwamish Gardens)\Funding Duwamish Gardens2- 4- 09.doc S1,979,405 15,000 75,000 26,000 20,000 18,000 $2,133,405 Match Funds Expended or Committed (Amount) $311,000 15,000 100,000 350,000 457,521 225,000 350,000 394,000 $2,202,521 Preamble AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR OPEN SPACE ACQUISITION PROJECTS The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF TUKWILA and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 25th day of August, 1992. The parties agree to the following amendments: Amendment 1: Article 1. Recitals Two paragraphs are hereby added to the Recitals Section to provide for two Conservation Futures Levy Fund allocations for the Tukwila Duwamish Gardens acquisition project, and hereafter reads: On November 22, 2006, the King County Council passed Ordinance 15652, which appropriated a total of Three Hundred and Fifty Thousand Dollars ($350,000) in Conservation Futures Levy proceeds to the City of Tukwila for the Duwamish Gardens acquisition Project. On April 9, 2007 the King County Council passed Ordinance 15711, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15652. On November 19, 2007, the King County Council passed Ordinance 15975, which appropriated a total of Three Hundred and Fifty Thousand Dollars ($350,000) in Conservation Futures Levy proceeds to the City of Tukwila for the Duwamish Gardens acquisition Project. On April 7, 2008 the King County Council passed Ordinance 16052, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15975. Amendment F Annual CFT Interlocal Tukwila -King County 2007 and 2008 CFT proceeds Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include reference to Attachment F, which lists 2007 and 2008 Conservation Futures Levy Allocations for the Duwamish Gardens project. Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are amended to include references to Attachment F, which lists 2007 and 2008 Conservation Futures Levy Allocations for the Duwamish Gardens project as follows: Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through F to be used for the Projects listed in Attachments A through F. The City may request additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through F. The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement. AMENDMENT 4: Attachment F The attachments to the interlocal agreement are hereby amended by adding Attachment F, which is hereby attached to the interlocal agreement, incorporated therein and made a part thereof. In all other respects, the tennls, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. Amendment F Annual CFT Interlocal Tukwila -King County 2007 and 2008 CFT proceeds -2- This document shall be attached to the existing Interlocal Cooperation Agreement. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY Ron Sims King County Executive Date: Acting under the authority of Ordinances 15711 and 16052 Approved as to form: Dan Satterberg King County Prosecuting Attorney Amendment F Annual CFT Interlocal Tukwila -King County 2007 and 2008 CFT proceeds -3- CITY OF TUKWILA Jim Haggerton Mayor, City of Tukwila Date Acting under the authority of Ordinance: Approved as to form: City Attorney ATTACHMENT F 2007 and 2008 CONSERVATION FUTURES LEVY CITY OF TUKWILA ALLOCATIONS Jurisdiction Project Allocation Tukwila (2007) Duwamish Gardens 350,000 (Ordinance 15652) Tukwila (2008) Duwamish Gardens 350,000 (Ordinance 15975) TOTAL $700,000 Project Description: City of TUKWILA— Duwamish Gardens $700,000 The Duwamish Gardens project is a 2.16 -acre acquisition project located on the Duwamish River at East Marginal Way South in Tukwila. The goal of the project is to acquire the site and restore it in the future as intertidal salmon and aquatic species habitat, similar to the habitat restoration project done about a half mile downstream at the North Wind Weir site. This portion of the Duwamish is listed as the highest priority area for restoration in the WRIA 9 Habitat Plan. Amendment F Annual CFT Interlocal Tukwila -King County 2007 and 2008 CFT proceeds COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes City of Tukwila Community Affairs and Parks Committee February 9, 2009 5:00 pan.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair (filling in for Verna Griffm); Joe Duffie and Kathy Hougady Staff: Jack Pace, Brandon Miles, Ryan Larson, Jim Morrow, Rhonda Berry and Kimberly Matej CALL TO ORDER: Council President Hernandez called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Renewal of Sian Code Moratorium The current moratorium on certain types of signage throughout the City (animated and electronic, free standing taller than six feet, freeway interchange signs and billboards) will expire in April 2009. Staff is requesting that the moratorium be extended for an additional 180 days (6 months) to allow for completion of the Sign Code update. The moratorium prevents new signs from being installed that may be in conflict with the updated code once it is complete. A public hearing, as required for this issue, is tentatively set for the March 2, 2009, Regular Council meeting. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. B. Amendment to Interlocal Agreement for Conservation Futures for Duwamish Gardens Staff is seeking full Council approval for an amendment to the Conservation Futures Interlocal Agreement between King County and the City of Tukwila. This amendment will provide for two Conservation Fund Levy allocations for the Duwamish Gardens acquisition project. Once this amendment has been made, the City will be able to receive reimbursement through Conservation funding for the project totaling $700,000 for the 2007 and 2008 funding cycles. UNAN MOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. C. Riverton Flan Gate Removal Proiect Consultant Selection Staff is seeking full Council approval to enter into a consultant agreement with Berger /Abam Engineers, Inc. in the amount of $121,842.00 for the preliminary design of the Riverton Creek Flap Gate Removal Project. The City was previously awarded $72,500 in grant funding from the State of Washington Recreation and Conservation Office and the People for Puget Sound for project feasibility and preliminary design work. The additional money required for this consultant agreement will be funded though the City's 301 Fund. This project will improve fish access to the Creek by removing pipes and flap gates, providing an open water connection to the river and habitat improvements. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:38 p.m. Next meeting: Monday, February 23, 2009— 5:00 p.m. Conference Room #3 Committee Chair Approval mutes by KAM. Reviewed by BM and RL.