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Home My WebLink AboutCAP 2014-06-24 COMPLETE AGENDA PACKETW" City of Tukwila Community Affairs & Parks Committee • Joe Duffle, Chair O Dennis Robertson • Verna Seal AGENDA Distribution: J. Duffie D. Robertson V. Seal D. Quinn Mayor Haggerton D. Cline C. O'Flaherty S. Kerslake L. Humphrey D. Johnson P. McCarthy V. Carlsen TUESDAY, JUNE 24, 2014 — 5:30 PM HAZELNUT CONFERENCE ROOM (formerly known as CR #3) at east entrance of City Hall Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Duwamish Hill Preserve design update. a. Information only. Pg.1 Dave Johnson, Recreation Superintendent b. An Intergovernmental Transfer Agreement with b. Forward to 7/7 Consent Pg.59 the Tukwila Pool Metropolitan Park District for the Agenda. Tukwila Pool. Vicky Carlsen, Deputy Finance Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, July 15, 2014 The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance. TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director BY: Dave Johnson, Recreation Superintendent DATE: June 18, 2014 SUBJECT: Duwamish Hill Preserve Design Update ISSUE Update Community Affairs and Parks Committee on the progress of the design of Phase II at the Duwamish Hill Preserve. BACKGROUND The City entered into a Consultant Agreement with SvR Design Company in April 2014 for the design of Phase II at the Duwamish Hill Preserve. Attachment A shows the different phases. We hosted a public Design Open House on May 15, 2014, The general public was invited as well as those that attended the Grand Opening of Phase I, residents that live with 1/2-mile of the site, and community partners and friends of the project. Attendees were provided background information on the site along with the work that's been done. They were also given the opportunity for input and feedback on a variety of items including interpretive elements, experiences by season, restoration types and techniques, and stewardship opportunities. DISCUSSION The consultant has taken the information gained from the Design Open House and has prepared the attached draft designs (Attachment B), including background information. RECOMMENDATION The Community Affairs and Parks Committee is being asked to review these designs and offer input to be considered for the presentation by the Consultant at the July 14, 2014 Committee of the Whole meeting. ATTACHMENTS Attachment A: Phasing Attachment B: Draft Design Concepts 1 2 PHASE 1: THE CENTRAL HILL neighborhood trailhead, some interpretive markers, trails, entrance bridge, stacked rock amphitheater, seatwalls at upper viewpoint, invasive plant removal and native restoration, interim parking and arrival area -_1 PHASE 2: RESTORED WETLAND, TRAILS, AND BUFFER 1 DUI/N*M w more interpretive markers, ;wetland restoration, vegetative buffer and sculpted landforms, wetland boardwalk PHASE 3: REALIGNED ROAD AND RESTORED SHORELINE more interpretive markers, realigned South 115th Street, restroom with green roof and _constructed wetland treatment system, bioretention swales, riverfront shoreline and beach — restoration with hand boat lauch, welcome plaza, entrance path, porous concrete sidewalks, \,., streetside permanent parking V SCALE: 1"= 120' -0" Q -P WE FohiST AND "-,h DHP2: CONCEPTUAL OPTIONS ar 19jne Svc; tear 01 Preserve Context Habitat Spectrum & Research Possibilities Wetland Magnuson Park, Seattle, WA Beaver Creek State Natural Area, Seal Rock, OR EE ■ How does harvesting influence ecology? TIM How can harvesting support culture and be a viable practice? What are the most important establishment factors? Seven Oaks Nursery, Albany, OR Platte River Habitat Partnership, Wood River, NE Camas Meadows Natural Area Preserve, Leavenworth, WA How does fire management improve ecology? 11111MIP mxm« ® ~ Si -a- t 4 / `27 : t ft 2 ' !11''''-1 ! \ I y` How does grazing compare as a management practice? Are there mowing regimes that are as effective? 4 IS THE GRASS TALL HERE, TWA SIC ,._ rtowee tz, 13H =`r5 01-1G:f2]'w-f rrys!i'II "i I-eni -;,! 003.{#if111fig 4 01 t:., • - FSnrj ? c rus.. ln11:1 ohs - - ... nt"'r".a'9 ads' +M1Glia twttc rte+ SeasAwi &l9'tto,*.;, DS WE'RE HONING" To f Are there effective "no mow" mixes? Prairie Ar VittM Johnson Prairie at JBLM, Fort Lewis, WA Prairie Mima Mounds Natural Area Preserve, Olympia, WA What impact does camas harvest have on the ecology? N W How can harvesting support culture and be a viable practice? Playfa i r Park, Victoria, BC St3 Uplands Park, Oak Bay, BC How do topography and aspect influence establishment? Planted distinct structural zones to encourage habitat creation and help provide hospitable microclimate conditions for installed plants. Nucleation Build Plan Prairie Mato* MN Shrob *%ffer Niatrix Oceafi f*ray Nootka Rose Buflgt Nucleation SitP Nucleation sites encourage the growth and eventual dominance of native grasses and flowers. ---,,-• ----:-., _,c,_,W,,-l-,',-',,,,,-T'- , ,..-_--,,--,--- ---=,-,-----,,----,,---,..,,-- '',-.=!--,_=---,--,,,---.-z-,-----7--.--,---=', ----,-------,------s---,', --,,..: , ,,,,,' ,,,-.--, ..-1.>--------- ---,----_,-- ----,----:-.-,,,,',-:-l-'------r---==-,---',--- ,,,,. _'7:':;,,_,_',.t-s,-"_-,---- 't.'-',-=_'-'4--- - ,-- -.--------- ;.s ---w-t.-------,-----------&- .---,_ ---,,--- What is the potential for applied nucleation? Cedar and other trees with traditional uses N CO Salmonberry and other native edibles How can plants support storytelling? What is the best way to experience these habitats in terms of formal structure, circulation & interpretative elements? FORE I AND SHRUB BORDER Habitat zones .N3 \ �. . . .$ . t. .. • „f- ,;:•• Qiaoyuan Wetland Park, Tianjin, China • . , 7! tk ., - ' • M�_> ) L Magnuson Park, Seattle, WA Mima Mounds Natural Area Preserve, Olympia, WA Circulation PROGRAM SHELTER AND INTERPRETIVE FLOOR STUMP BENCH, TYP RESEARCH MARKER, TYP Interpretive elements The Tree Grove F4 PS Y2,0 a Wet C.A) CD iIfi -I.- Welcoming gateway Research markers 4. Central program structure Interpretive floor "Room" bird blind Stump seating e FOREST AND SHRUB BORDER Habitat zones Waterworks Gardens, Renton, WA Minhu Wetland Park, Liupanshui, China Storm King Wavefield, New Windsor, NY 01 0 Circulation LINEAR BIRD BLIND PROGRAM SHELTER AND WORK SHED AREA WAYFINDING SCREEN PLANT & SEASON SIGNPOST TYP ANOE BENCH. TYP Interpretive elements 01 N Wayfinding screens Salmonberry .....fitalcoretta early ep.famta toote; One. of the eertiest tfooter.eoes. Plants and seasons signposts Edge program structure 01 01 "Linear" bird blind Canoe seating The Sponge The Dragonfly Wing Let's compare! 58 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director DATE: June 18, 2014 SUBJECT: Intergovernmental Transfer Agreement Between the City of Tukwila and the Tukwila Pool Metropolitan Park District ISSUE Approve the Intergovernmental Transfer Agreement between the City of Tukwila and the Tukwila Pool Metropolitan Park District for transfer of the Tukwila pool facility. BACKGROUND The Tukwila Pool Metropolitan Park District (MPD) was formed after voter approval in August 2011. The MPD began operations in September of 2011 and transfer of the facility from the City to the MPD was noted in the City's 2011 Comprehensive Annual Financial Report (CAFR). DISCUSSION As mentioned above, the facility was transferred to the MPD in 2011 and has been reflected as an MPD capital asset on the City's audited financial statements beginning with the 2011 CAFR. The MPD is reported as a component unit in the City's annual financial statements and information regarding the MPD can be found throughout the document. The Intergovernmental Transfer Agreement is a final housekeeping item that needs to be approved by both the City of Tukwila and the MPD. It was drafted by the City's attorney and presented on April 23, 2014 to the MPD Board of Commissioners for their review. During the discussion, a couple of changes were requested. Revisions include changing the title of the agreement from Facility Use and Indemnification Agreement to Intergovernmental Use and Indemnification Agreement and changing section 3.1 as follows: 3.1 The TPMPD has inspected and knows the condition of the Property a-n-4 agrees to accept the Property in AS IS condition, and to assume full and complete responsibility for all operations, maintenance, repairs, improvements of, and provision of recreational services at the Property. The revised agreement has been reviewed and approved by both the City and MPD attorneys and will be before the MPD Board on Wednesday, June 25, 2014 (tomorrow) for their approval. Once this document is approved and signed by both parties, it will be sent to King County and the County will record the transfer of ownership in their records. 59 INFORMATIONAL MEMO Page 2 RECOMMENDATION Upon review and approval by Community Affairs & Parks Committee on June 24, 2014, and approval by the MPD Board of Commissioners on June 25, 2014, forward to the Consent agenda of the July 7, 2014 Regular Meeting. ATTACHMENTS Intergovernmental Transfer Agreement Between the City of Tukwila and the Tukwila Pool Metropolitan Park District in strike thru underlined format. 60 .1, go 4k k k 4 Intergovernmental Transfer Agreement Between the City of Tukwila and the Tukwila Pool Metropolitan Park District This Intergovernmental Transfer Agreement ("Agreement") is entered into on this day of , 2014, by and between the City of Tukwila ("Tukwila") and the Tukwila Pool Metropolitan Park District ("TPMPD"), both of whom are Washington municipal corporations (collectively, the "Parties"). WHEREAS, Tukwila acquired the Tukwila Pool (previously the "South Central Pool") from King County in 2003 pursuant to the terms of the Intergovernmental Transfer Agreement Between King County and the City of Tukwila Relating to the Ownership, Operation and Maintenance of the South Central Pool (the "King County Agreement"); and WHEREAS, the King County Agreement set forth a number of specific covenants pertaining to use to be contained in the deed transferring ownership of the Tukwila Pool to Tukwila; and WHEREAS, pursuant to the King County Agreement, the same covenants must be included in any future deed transferring the Tukwila Pool for public park, recreation or open space uses; and WHEREAS, the TPMPD was formed in 2011 with the purpose of maintaining and operating the Tukwila Pool for recreation purposes; and WHEREAS, the TPMPD now operates and maintains the Tukwila Pool for recreation purposes; and WHEREAS, Tukwila desires to transfer its ownership interest in the pool to the TPMPD, subject the covenants, terms, and conditions set forth in the King County Transfer Agreement; NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Tukwila and the TPMPD agree as follows: . Conveyance of Title. 1.1 Within thirty (30) days of execution of this Agreement, Tukwila shall convey Page - 1 [RBT11 61 to the TPMPD by deed all its ownership interest in the Tukwila Pool (the "Property"), which is described more fully Exhibit A. 1.2 All deeds shall also contain the following specific covenants pertaining to use, which covenants shall run with the land. Tukwila and the TPMPD agree that Tukwila and King County shall have standing to enforce these covenants, which shall be set forth as follows: The TPMPD, as required by RCW 36.89.050, covenants that the Property shall be continued to be used for open space, park, or recreation purposes or that other equivalent facilities Within the K King County shall be conveyed to King County in exchange therefore. The TPMPD covenants that it shall abide by and enforce all terms, conditions and restrictions ienoKveinnagnCounty Resolution 34571, including that the TPM ttehde hProperty will continue to be used for the hputrposes contemplated County Ordinance 34571, that the Property shall not be transferred or conveyed except fy atgereement providing that such lands shall continue to be used the purposes contemplated by King County Resolution 3457 ,1 d Pthat the Property shall not be converted to a different use unless other equivalent lands and facilities within King County or Tukwila shall be received in exchange therefore. 'The TPMPD covenants that it shall not use the Property in a manner that would cause the interest on King County bonds related to the Property to no longer be exempt from federal income taxation. Page - 2 62 The TPMPD covenants that it will not limit or restrict access to and use of the Property by non-City residents in any way that does not also apply to city residents. The TPMPD covenants that if differential fees for non-Tukwila residents are imposed, they will be reasonably related to the cost borne by Tukwila taxpayers to maintain, improve or operate the Property for parks and recreation purposes. The TPMPD covenants that it shall place the preceding covenants in any deed transferring the Property or a portion of the Property for public park, recreation or open space uses. 1.3 The TPMPD and Tukwila agree that the assignment of Tukwila's lease for the underlying real property upon which the Tukwila Pool is built will convey all the rights and obligations of Tukwila contained in the lease, and that the TPMPD shall assume all the rights and obligations of Tukwila, including the covenants, contained in the lease. 1.4 The Property being conveyed includes the equipment and supplies that are necessary to operate and maintain the Tukwila Pool. Tupkvpvila vvill leave such equipment and supplies on site, which equipment supplies will include all furniture, lifeguard equipment, first aid supplies, t nd su P s ecialty tools, operator manuals, as-built pool and remodel plans, phone system, lighting fixtures, miscellaneous pool equipment, building maintenance supplies spare parts, and materials such as chlorine and filtration supplies for pool maintenance. 2. Existing Restrictions, Agreements, Contracts or Permits. The TPMPD shall abide by and enforce all terms, conditions, reservations, restrictions and covenants of title at the time of conveyance and/or in the deed of conveyance. Condition of Premises and Responsibility for Operations, Maintenance, Repairs, Improvements, and Recreation Services. 3.1 The TPMPD haYn' Ivectrci an H4i ° fty and agrees to accept the Property in AS IS condition, and to assume full and complete responsibility fbr all operations, maintenance, repairs, improvements of, and provision of recreational services at the Property. 3.2 Tukwila does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Property, and no official, employee, representative or agent of Tukwila is authorized otherwise. 3.3 The TPMPD acknowledges and agrees that Tukwila shall have no liability for, and that the TPMPD shall release and have no recourse against Tukwila for, any defect or deficiency of any kind whatsoever in the Property without regard to whether such defect or deficiency was known or discoverable by the TPMPD or Tukwila. 4. Indemnification and Hold Harmless. 4.1 Tukwila shall indemnify and hold harmless the TPMPD and its elected officials, officers, agents or employees, or any of them, from and against any Page - 3 63 and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent action or omissions of Tukwila, its officers, agents and employees in performing its obligations pursuant to this Agreement, and/or (ii) arising from those occurrences related to the Property that occurred prior to formation of the TPMPD. In the event that any suit based upon such a claim, action, loss or damage is brought against the TPMPD or the TPMPD and Tukwila, Tukwila shall defend the same at its sole cost and expense and, if final judgment be rendered against the TPMPD and its officers, agents and employees or jointly against the TPMPD and Tukwila and their respective officers, agents and employees, Tukwila shall satisfy the same. 4.2 The TPMPD shall indemnify and hold harmless Tukwila and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent act or omission of the TPMPD, its officers, agents and employees in performing obligations pursuant to this Agreement, and/or (ii) arising from those occurrences related to the Property that occurred on or after the formation of the TPMPD. In the event that any suit based upon such a claim, action, loss or damage is brought against Tukwila or Tukwila and the TPMPD, the TPMPD shall defend the same at its sole cost and expense and, if final judgment be rendered against Tukwila and its officers, agents and employees or jointly against Tukwila and the TPMPD and their respective officers, agents and employees, the TPMPD shall satisfy the same. 4,3 Each Party to this Agreement shall immediately notify the other of any and all claims, actions, losses or damages that are or are brought against that Party relating to or pertaining to the Property. 4.4 Each party agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. 5. Waiver and Amendments. Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 6. Entire Agreement and Modifications. This Intergovernmental Agreement and Page - 4 64 its Exhibits sets forth the entire agreement between the parties with respect to the subject matter hereof It may be supplemented by addenda or amendments, which have been agreed upon by both parties in writing. Copies of such addenda and amendments shall be attached hereto and by this reference made part of this contract as though fully set forth herein. 7. Duration and Authority. This agreement shall be effective upon signature and authorization by both parties. The terms, covenants, representations and warranties contained herein shall not merge in the deed of conveyance, but shall survive the conveyance and shall continue in force unless both parties mutually consent in writing to termination. 8. Notice. Any notice, declaration, demand or communication to be given by a party to this Agreement to the other shall be in writing and transmitted to the other party by personal service or certified U.S. mail, return receipt requested, postage fully prepaid, addressed as follows: To Tukwila: To TPMPD: City of Tukwila 6200 Southcenter Blvd. Tukwila, \VA 98188 Attn: City Clerk Tukwila Pool Metropolitan Park District 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: President IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA TUKWILA POOL METROPOLITAN PARK DISTRICT By: By: Jim Haggerton, Mayor Title: Board President Dated: Dated: Attest: Attest: Christy O'Flaherty, City Clerk Title: Clerk of the Board Page - 5 65 Approved as to Form: Shelley M. Kerslake, City Attorney Page - 6 66 Approved as to Form: Brian Snure, Attorney for TPMPD EXHIBIT A Legal Description Those real property improvements, including fixtures and equipment, located i n the west 190 feet of the southwest one - quarter of the southeast one - quarter of Section 15, Township 23, Range 4 East, W.M., in King County, Washington, EXCEPT the south 20 feet for South 144 Street. Page - 7 67 68