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HomeMy WebLinkAboutCAP 2012-10-08 Item 2A.1 - Interlocal Agreement - Historic Preservation Services with King CountyCi!ypf Tukwiia Jim Haggerton, Mayor TO: Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Director BY: Nora Gierloff, Deputy Director Brandon Miles, Senior Planner DATE: October 1, 2012 SUBJECT: Interlocal Agreement with King County for Historic Preservation Services ISSUE Should the City enter into an Interlocal Agreement (ILA) with King County to provide historic preservation services? BACKGROUND On June 25, 2012, the Community Affairs and Parks Committee (CAP) heard a presentation by King County on Historic Preservation. King County, which has an office of Historic Preservation, contracts with 17 other cities' to provide historic preservation services. Tukwila does not have the resources or the expertise in house to be able to provide such services. Staff has worked with King County to draft the attached ILA. One requirement of the ILA is that the City adopts an Historic Preservation Ordinance, which is also included on tonight's agenda. In drafting the ILA and the draft Ordinance, staff attempted to address to primary concerns: 1. That the ILA not obligate the City to pay unexpected costs. Section 4A of the ILA requires that the City pre- authorize any work performed by King County. This work could include conducting an inventory of historic sites in the City, processing nominations for historic landmark status and issuing Certificates of Appropriateness for changes to landmarked structures. Additionally, the Ordinance requires that a fiscally responsible party be identified before any charges are incurred by King County. 2. The proposed Ordinance, which is discussed in more detail in the memo dated September 28, 2012, only applies to city owned properties. The Ordinance requires that the City Council issue a Notice to Proceed prior to King County considering a landmark designation within the City. DISCUSSION The ILA is being driven primarily by the Tukwila Historical Society which desires to obtain grant funds for improvements to Old City Hall. Landmark status could increase their eligibility for certain types of grants. However, the nomination and designation process could cost up to $6,000. If the Historical Society asks for a Landmark Designation for Old City Hall, it is possible that the City may be asked to be the fiscally responsible party. Under the proposed ordinance the City Council would have the opportunity to resolve the funding question before allowing the Landmark Designation process to move forward. Designation of a city owned facility as a landmark could also hinder future redevelopment or modifications to the existing building or site. As noted, Old City Hall is eligible for designation, but Fort Dent Park and City Hall would likely also be candidates. Staff has crafted both the ILA Cities include Auburn, Woodinville and Shoreline. INFORMATIONAL MEMO Page 2 and Ordinance to address this issue by requiring that the City Council pre- authorize any landmark designation process for a city owned facility or property to ensure that the designation is consistent with future City facility plans. FINANCIAL IMPACT None, provided a third party pays all fees for historic preservation services to King County. RECOMMENDATION Staff recommends that the Mayor be authorized to sign the attached ILA and that the ILA is forwarded to the October 22, 2012 Committee of the Whole meeting for discussion. Council action could occur at the November 5, 2012 Regular Council Meeting. ATTACHMENTS Draft Interlocal Agreement between King County and the City. Minutes from the June 25, 2012 CAP Meeting 2 ZADCD n Clerk's \Brandon \Historical Presevation Ord \ILA \ILA Memo.doc INTERLOCAL AGREEMENT FOR LANDMARK SERVICES AN AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA RELATING TO LANDMARK DESIGNATION AND PROTECTION SERVICES THIS IS AN AGREEMENT between King County, a home rule charter county and a political subdivision of the State of Washington, hereinafter referred to as the "County," and the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as the "City." WHEREAS, local governmental authority and jurisdiction with respect to the designation and protection of landmarks within the city limits resides with the City; and WHEREAS, the City desires to protect and preserve the historic buildings, structures, districts, sites, objects, and archaeological sites within the city for the benefit of present and future generations; and WHEREAS, the County is able to provide landmark designation and protection services for the City; and WHEREAS, the City has elected to contract with the County to provide such services; and WHEREAS, it is in the public interest that the jurisdictions cooperate to provide efficient and cost effective landmark designation and protection; and WHEREAS, pursuant to R.C.W. 39.34, the Interlocal Cooperation Act, the parties are each authorized to enter into an agreement for cooperative action; NOW THEREFORE, the County and the City hereby agree: 1. Services At the request of the City, the County shall provide landmark designation and protection services using the criteria and procedures adopted in King County Ordinance 10474, King County Code (K.C.C.), Chapter 20.62 within the City limits. 2. Ci 's Responsibilities A. Adopt an ordinance establishing regulations and procedures for the designation of historic buildings, structures, objects, districts, sites, objects, and archaeological sites as landmarks and for the protection of landmarks. Regulations and procedures shall be substantially the same as the regulations and procedures set forth in K.C.C. Chapter 20.62. The ordinance shall provide that the King County Landmarks Commission, with the addition of a special member, acting as the City of Tukwila Landmarks Commission (Commission) shall have the authority to designate and protect landmarks within the City limits in accordance with the City ordinance. The ordinance shall include: 1) Provision for the appointment of a special member to the Commission as provided by K.C.C. Chapter 20.62.030. 2) A provision that appeals from decisions of the Commission pertaining to real property within the City limits shall be taken to the Tukwila City Council. 3) A provision that the City official responsible for the issuance of building and related permits shall promptly refer applications for permits which affect historic buildings, structures, objects, sites, districts, or archaeological sites to the King County Historic Preservation Officer (HPO) for review and comment. The responsible official shall seek and take into consideration the comments of the HPO regarding mitigation of any adverse effects affecting historic buildings, structures, objects, sites or districts. B. Appoint a Special Member to the Commission in accordance with the ordinance adopted by the City. Pursuant to K.C.C. Chapter 20.62 such Special Member shall be a voting member of the Commission on all matters relating to or affecting landmarks within the City, except review of applications to the Special Valuation Tax Program, and the Current Use Taxation Program. C. Except as to Section 5, the services provided by the County pursuant to this agreement do not include legal services. 3. County Responsibilities A. Process all landmark nomination applications and conduct planning, training, and public information tasks necessary to support landmarking activities in the City. Such tasks shall be defined by mutual agreement of both parties on an annual basis. B. Process all Certificate of Appropriateness applications to alter, demolish, or move any significant feature of a landmark property within the City limits. C. Act as the "Local Review Board" for the purposes related to Chapter 221, 1986 Laws of Washington, (R.C.W. 84.26 and WAC 254.20) for the special valuation of historic properties within the city limits. D. Review and approve all applications to the King County Landmark Loan Program. E. Review and comment on applications for permits which affect historic buildings, structures, objects, sites, districts, and archaeological sites. Comments shall be forwarded to the city official responsible for the issuance of building and related permits. F. King County shall perform no work under this agreement without receiving the express, written permission of the City of Tukwila. 4. Compensation A. Costs. The City shall reimburse the County fully for all costs incurred in providing services under this contract, including overhead and indirect administrative costs. 0 Costs charged to the City may be reduced by special appropriations, grants, or other supplemental funds, by mutual agreement of both parties. The City shall not be responsible for paying for any work that was performed which was not preauthorized as required in Section 3 F above. The rate of reimbursement to the County for labor costs shall be revised annually by mutual written agreement of both parties. B. Billing. The County shall bill the City quarterly. The quarterly bill shall reflect actual costs plus the annual administrative overhead rate. Payments are due within 30 days of the City's receipt of an invoice from the County. 5. Indemnification A. The County 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 act or omission of the County, its officers, agents, and employees, or any of them, in providing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that the City retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and the County and their respective officers, agents and employees, or any of them, the County shall satisfy the same. B. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations, polices or procedures. If any cause, claim, suit, actions or administrative proceeding is commenced in the enforceability and/or validity or any City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorneys' fees. C. The City shall indemnify and hold harmless the County 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 of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, the City shall satisfy the same. D. The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this Article shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 5 6. Interlocal Cooperation Act A. Purpose. The purpose of this agreement is for the City of Tukwila and King County to partner to provide historical preservation services within the corporate boundaries of the City. B. Administration. This agreement shall be administered for the County by the Director of Department of Natural Resources and Parks, or the director's designee, and for the City by the Director of Community Development or designee. C. Budget and Financing. No special budget or funds are anticipated, nor will the parities jointly acquire, hold or dispose of real or personal property. D. Duration This agreement is effective beginning upon execution, and shall continue until terminated pursuant to the terms of this agreement. E. This Agreement will be recorded by the County or otherwise be made public by it in conformance with the Interlocal Cooperation Act. 7. Termination Either party may terminate this agreement by forty-five (45) days written notice from one party to the other. 8. Amendments This Agreement may be amended at any time by mutual written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this agreement this day of .2013. CITY OF TUKWILA Title: KING COUNTY King County Executive Approved as to form: King County Prosecutor 1. Al ►LA „+.p:,; O L i o Tu Q. iol Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes Jame 25, 2012 5: 00 p. m. PRESENT Councilmembers: Kathy Hougardy, Chair, Joe Duffle and Allan Ekberg Staff: Jack Pace, Nora Gierloff, Dave Johnson, Pat Brodin, David Cline and Kimberly Matej Guests: Louise Jones Brown, Tukwila Historical Society. Joan Hernandez, Tukwila Historical Society: John Cruce, Tukwila Historical Society: Julie Koler, King County Preservation Officer CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Parks Recreation Special Events Calendar As an information only item, Committee Members reviewed the Parks Recreation calendar for July and August. INFORMATION ONLY. B. Presentation: King County Historic Preservation Julie Koler, King County Preservation Officer, gave a PowerPoint Presentation on the King County Regional Historic Presentation Program. A copy of the presentation accompanies the Committee minutes. As Ms. Koler presented program information, Committee Members, staff and guests asked clarifying questions. Representatives from the Tukwila Historical Society expressed support for the City entering into an agreement with King County for historic presentation, and stated that they believe the agreement will be helpful in securing grant funding for work and restoration needed on the current Tukwila Historical Society building which is City owned. After discussion, the Committee requested that staff prepare a draft interlocal agreement for the King County Historic Preservation Program and ordinance that would only be applicable to City- owned properties and archeological sites. Consideration for program applicability to privately owned property may be explored at a later time. Louis Jones Brown mentioned that the City of Des Moines has an interlocal agreement specifically for city -owned properties which could be used as a model for Tukwila. David Cline inquired about known timelines for grants that may be dependent on this interlocal agreement. Ms. Jones -Brown committed to checking on such dates. In the meantime, Mr. Cline will work with the Department of Community Development regarding current workload and work plan projects to determine when this item may return to Committee. RETURN TO A FUTURE COMMITTEE MEETING FOR REVIEW AND RECOMMENDATION. III. MISCELLANEOUS Meeting adjourned at 6:21 p.m. Next meeting: Monday, July 9, 2012 5:00 p.m. Conference Room 43 Q�' q Committee Chair Approval M1nute4fiy KA 7