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Home My WebLink AboutCAP 2011-12-12 Item 2D - Interlocal Agreement - Sounder Commuter Rail Station Permitting with City of RentonCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM To: Mayor Haggerton Community Affairs and Parks Committee From: Jack Pace, Community Development Director Date: November 21, 2011 Subject: Interlocal Agreement with the City of Renton regarding permitting for the Tukwila Sounder Commuter Rail Station ISSUE Should the City of Tukwila enter into an interlocal agreement with the City of Renton to assume permitting authority for that portion of the Tukwila Sounder Commuter Rail Station within the City of Renton city limits? BACKGROUND The current Sounder Station was approved by the City of Tukwila as a temporary facility pending negotiations with Union Pacific (UP) Railroad. The goal of the negotiations were to consolidate the UP tracks with the Burlington Northern Santa Fe tracks, thereby reducing the cost of either bridging or tunneling under the two railroads for the Strander Boulevard Extension project and creating a more viable and appealing redevelopment area for economic development. Negotiations with the railroad concluded unsuccessfully in 2010 and Sound Transit is moving forward with plans for permanent improvements for the rail platforms, customer shelters and the parking lot. DISCUSSION Tukwila and Renton's common city boundary is the east property line of the Burlington Northern Santa Fe railroad right of way. The proposed platform improvements will extend into the City of Renton. See Exhibit C of the Attachment. The City of Renton City Council and Mayor have reviewed and approved the interlocal giving the City of Tukwila the authority to include the area within Renton within the scope of Tukwila's land use approvals and building permits that are associated with the permanent improvements to the Tukwila commuter rail stop. RECOMMENDATION The Council is being asked to consider this item at the January 9, 2012 Committee of the Whole meeting and January 17, 2012 Regular Meeting. ATTACHMENTS Interlocal Agreement with the City of Renton, including attachments 55 56 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF RENTON RELATING TO THE PROCESSING OF BUILDING PERMITS AND LAND USE APPLICATIONS FOR THE TUKWILA SOUNDER STATION THIS INTERLOCAL AGREEMENT "the Agreement is entered into by and between the CITY OF TUKWILA, a State of Washington municipal corporation (hereinafter referred to as "Tukwila and the CITY OF RENTON, a State of Washington municipal corporation (hereinafter referred to as "Renton and in conformity with Chapter 39.34 RCW. RECITALS WHEREAS, Sound Transit Plans recommend a permanent commuter rail station in Tukwila on property acquired by Sound Transit that is addressed in Tukwila as 7301 Longacres Way with a legal description attached as Exhibit A and is incorporated herein by reference "Tukwila Sounder Station and WHEREAS, the temporary and permanent use of additional land within the City of Renton is needed for the construction and access to the east platform of the Tukwila Sounder Station; and WHEREAS, the majority of the planned permanent station area of the Tukwila Sounder Station is in the City of Tukwila, however, a portion of the improvements, such as part of a platform, and pedestrian and emergency access, will be within the jurisdictional limits of the City of Renton. The municipal boundary line relative to the temporary and permanent Tukwila Sounder Station improvements is illustrated in Exhibits B C attached and incorporated herein by reference; and WHEREAS, Tukwila and Renton agree that having Tukwila process all Tukwila Sounder Station building related and environmental permits and land use applications on behalf of Renton will provide greater consistency for the Sound Transit project and cost efficiencies for both parties; and WHEREAS, it is the parties intent by virtue of this Agreement that any and all discretionary decisions related to the Tukwila Sounder Station shall be made by Tukwila; and 39.34; WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW NOW THEREFORE, in consideration of the following recitals and the mutual promises and covenants contained herein, it is agreed as follows: Page 1 57 AGREEMENT 1. Purpose of Interlocal Agreement. The purpose of this Agreement is to provide a single, efficient land use, environmental, and building permit review and decision making process using one set of development regulations in order to avoid the inherent uncertainty of two separate review processes and concomitant waste of public and private resources that would serve only to increase costs for both cities, the applicant, and the general public. This Agreement is meant to assure the applicant that upon government approval of the Tukwila Sounder Station project as provided for in this Agreement, the applicant may proceed with development of the project in reliance upon that approval. 2. Review and Decision Making Process for Building Permits. Environmental Permits, and Land Use Applications and Approvals Needed for the Sound Transit Platform Proiect. 2.1 Tukwila shall be solely responsible for receiving and processing any and all building related permits, environmental permits or applications, and land use applications for the Tukwila Sounder Station pursuant to the Tukwila Municipal Code "TMC 2.2 For applications that require public notice, Tukwila must include Renton on the list of agencies who will.receive notice. Response to the notice will be required for Renton to be a party of record. 2.3 For the purposes of this Agreement, building related permits include, but are not limited to building permits, electrical, plumbing and mechanical permits, fire system/fire sprinkler permits, and clearing and grading permits. 2.4 Tukwila's processing and review of building related permits, environmental permits, and land use applications shall include but not be limited to rendering decisions to approve, condition, or deny such applications; conducting inspections; issuing correction notices, permit extensions and completion of extensions; approve final construction, and evaluating compliance with approved conditions. 2.5 Appeals of any decisions by Tukwila shall be processed by Tukwila pursuant to applicable Tukwila Municipal Code provisions. 3. Duration and Termination. The initial term of this Agreement shall begin upon written execution by both parties and will continue in effect so long as neither party terminates. Either party may terminate this Agreement by providing written notice of such intent to terminate at least ninety (90) days prior to the termination date. Tukwila shall provide Renton with a copy of files and records of all land use, environmental, and building permit applications processed under this Agreement upon termination of this Agreement. Tukwila shall further be available to Renton to provide any further information or assistance regarding project should the parties opt to terminate the Agreement. Page 2 MQ 4. Indemnification. 4.1. Tukwila shall indemnify and hold harmless Renton and its officers, agents, employees, and elected officials or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever by any reason of or arising out of any act or omission of Tukwila, its officers, agents, employees and elected officials, or any of them relating to or arising out of the performance of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against Renton, Tukwila shall defend the same at its sole cost and expense, provided that Tukwila 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 Tukwila or its officers, agents, employees and elected officials, or any of them, or jointly against Renton and Tukwila and their respective officers, agents, employees and elected officials, or any of them, Tukwila shall satisfy the same. 4.2. Renton shall indemnify and hold harmless Tukwila and its officers, agents, employees and elected officials, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Renton, its officers, agents, employees and elected officials, or any of them, relating to or arising out of the performance of this interlocal agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against Tukwila, Renton shall defend the same at its sole cost and expense; provided that Tukwila 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 Tukwila or its officers, agents, employees and elected officials, or any of them, or jointly against Tukwila and Renton and their respective officers, agents, employees and elected officials, or any of them, Renton shall satisfy the same. 5. Dispute Resolution. It is the parties' intent to resolve any disputes relating to the interpretation or application of this Agreement informally through discussions at the staff level with the respective departments' Directors and Administrators. In the event disputes cannot be resolved informally at the staff level, resolution shall be sought by each city's City Administrator within thirty (30) days, and if unsuccessful, then the parties agree to submit the dispute to non- binding mediation/dispute resolution. The mediation/dispute resolution process shall be determined via mutual agreement of the parties and the selection of a Mediator must be jointly agreed upon by the parties. Venue for any action relating to the interpretation or enforcement of this Agreement shall be solely in King County Superior Court. 6. Independent Contractor. Each party to this Agreement is an independent contractor with respect to the subject matter herein. Nothing in this Agreement shall make any employee of Tukwila an employee of Renton, and vice versa, for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded to either party's employee by virtue of their employment. At all times pertinent hereto, employees of Tukwila are acting as Tukwila employees and employees of Renton are acting as Renton employees. Page 3 59 7. Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provisions hereof, and .such other provisions shall remain in full force and effect. 8. Assignability. The rights, duties and obligations of either party to this Agreement may not be assigned to any third party without the prior written consent of the other party, which consent shall not be unreasonably withheld. 9. No Third -Partv Rights. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action (as a third -party beneficiary or otherwise) on account of any nonperformance hereunder. 10. Entire Proposal. This proposal constitutes the entire proposal between the parties hereto and no other proposals, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the proposal. Proposed changes that are mutually agreed upon shall be incorporated by written amendment hereto. 11. Filing With Auditor. This Agreement shall be filed with the King County Auditor pursuant to RCW 39.34.040. CITY OF TUKWILA CITY OF RENTON By: By: Jim Haggerton, Mayor Denis Law, Mayor Attest: Attest: Christy O'Flaherty, CMC Bonnie I. Walton City Clerk City Clerk Exhibit A Legal Description of Sound Transit property in Tukwila Exhibit B Overall site plan of existing station improvements Exhibit C Enlarged view of boundary /improvement jurisdictional split Page 4 .1 Exhibit A 0 0A,0 77,'91/si� EXHIBIT A THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOWS: PARCEL A (LOT 2) THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF- WAY EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SOUTH 158TH STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO. 1 GREEN RIVER INTERCHANGE AT HIGHW ENGINEERING STATION 2M 149 +25.97 POINT OF TANGENCY "Y" 0 +00; THENCE NORTH 87 0 07 1 32" EAST ALONG SAID "Y" LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND.POWER LIGHT RIGHT -OF -WAY; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y THENCE NORTH 87 0 08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND POWER LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87 0 08'04" EAST 124.74 FEET TO WESTERLY MARGIN OF UNION.PACIFIC RAILROAD RIGHT -OF -WAY; THENCE NORTH 03 0 40'04" EAST ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 81 -36 SPE RECORDING NO. 8111090569; THENCE SOUTH 87 0 13'29" WEST 127.45 FEET; THENCE SOUTH 02 EAST TO THE POINT OF BEGINNING. PARCEL B (LOT 3) ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST QUARTER ALL SITUATE IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.K., BOUNDED AS FOLLOWS: ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; (CONTINUED) SPECIAL ENDORSEMENT 61 DESCRIPTION CONT. POLICY NO. 377122 -5Y ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM; ON THE -NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE P.IGHT -OF -WAY AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET; THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF- WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. PARCEL C AN EASEMENT FOR ACCESS AND ROADWAYS AS DISCLOSED BY AND DESCRIBED IN KING COUNTY RECORDING NO. 9811051960. PARCEL D RECIPROCAL EASEMENTS AS DISCLOSED BY AND DESCRIBED IN KING COUNTY RECORDING NOS. 9811051961 AND 9811051962. PARCEL E THOSE EASEMENTS FOR ACCESS AND STORM DRAINLINES AS DISCLOSED BY AND DESCRIBED IN KING COUNTY RECORDING NO. 9305182053. SPECIAL ENDORSEMENT fad d�� 62 CON I:ICTI' A3T 1�J / RALUgR �. al .1 ;ioiV' - 0 i10_D .NU �x12i42 PL01I2002 Ld. ppU5 —,_1. I 304. j 'i ITT-T.TK WI,Fi .1 ON_T T12A25..(.MIZ) 11)22 OF PINTO, 14!VE S 314 \1 :0Ivi3;2 i_I.I T':•: 111.3 3''l2 CT12) EASEVENT - F Fl ,I S /LA I111AI '31 1 :" M2 11 FOR sFcoNr 4 FiR2 CONNECTION P0,0A31.31 222C2< 0,20,1.:31 - 04E 0001.02 4022 01TH 2002L1K linuRr STR,NDI R 440300 A • �_ .•, Fig ;, SOUNDTRANSR ; 622- " SOUND TRANSIT TUKWILA COMMUTER RAIL STATION PRELIMINARY PROPERTY REFERENCE MAP SEPTEMBER 19, 2011 1211 ,i1I ,21A'f11142,l AREA LEGEND APPROX. AREA OF WORK WITHIN CITY OF RENTON (f 277,750 02) PROPOSED RIGHT OF WAY ACQUISITION WITHIN CITY 04 RENTON (0 51,720 SF) NATURE OF IMPROVEMENTS 017014 CITY OF RENTS WITHIN BNSF ROW • PLATFORM CONSTRUCTION AND EMBANKMENT WIDENING • EMBANKMENT GRADING AND LANDSCAPE • RAH OPTIC RELOCATION • 02054 DRAINAGE INFRASTRUCTURE • WATER AND ELEC. TO PLATFORMS OUTS1DE BNSF ROW • PRIMARY EAST PLATFORM MAINTENANCE AND FIRE 002E00 ROAD WITH SIDEWALK • STORM DRAINAGE INFRASTRUCTURE • SECONDARY FIRE ACCESS ROAD 0040207104 TO NACRES AVE. 440402IATIONS TORS TUKWILA COMMUTER RAIL STATION MST BURLINGTON NORTHER SANTA EE UPRR UNION PACIFIC RAIL ROAD SRN SEATTLE PUBLIC UTILITIES 6) 504 PROPOSED PLATFORM5 ENIST060 PTATFOR90 C WEST 0005 116957)901) �= PE EAST 3N5F TRACK (972) 8856 ROW 7_Ir 71 1111 "fir T CITY ORPENTON h APPROXIMATE EMBANKMEN1 090 1.:910 - PROPOSED ST P98991E61 EASEMENT PROPOSED StoCTION EASEMENT .. IP459911ARY AREAS (SF) II 1 IF" FEE A<0 0. 06 (-- 38,000 PO LL ST PERMANENT EASEMENT (- 40.000 SF) CONSTRUCTION EASEMENT (P19,000 SF) PROPOSED ONES RN 1 090AGRES P r- r SOUNDTRANSR C<x,s61ring €ng,heers 1601 Fifth Avenue, Suite 1600 Seattle, W6sh8gt96 98101.-3665 (2066) 622 -5822 Fox (206) 622 -8130 SOUND TRANSIT TUKWILA COMMUTER RAIL STATION PRELIMINARY PROPERTY REFERENCE MAP JULY 13, 2011 50 25 0 50 100 SCALE IN FEET m 3 0