HomeMy WebLinkAboutCOW 2011-06-13 Item 4C - Interlocal Agreement - Permitting Authority for Tukwila South with City of Kent CO UNcm AGENDA SYNOPSIS
Initials ITEM.NO.
Meeting Date Prepared by Ma iem Council review
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06/13/11 7P-
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ITEM INFORMATION
CASNUMBE'R. 11-059 STAFF SPONSOR: MINNIE DHALIWAL IORIGINAL AGENDA DATE: 6/13/11
AGENDA ITEM TITLE Interlocal Agreement with the City of Kent regarding permitting for the Tukwila
South wetland mitigation site.
CX11--'GORY Discussion Motion Resolution Ordinance BidAward Public Hearing Other
A4tg Date 06113111 Mtg Date 06120111 A4tg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&'R Police PWI
SPONSOR'S The approved mitigation plan of the Tukwila South Project includes mitigation of Wetland
SUMMITRY 11 that lies south of South 204 Street in the City of Kent. This interlocal gives Tukwila the
permitting authority for the wetland mitigation area and the processing of a boundary line
adjustment of the drainage district parcel that crosses jurisdictional boundaries.
Ri;IVIEWBD BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 05/23/11 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EYPF?NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
J MTG. DATE J RECORD OF COUNCIL ACTION
06/13/11
J MTG. DATE J ATTACHMENTS
06/13/11 Informational Memorandum dated 05/17/11
Site Maps
interlocal Agreement with the City of Kent along with Exhibit A
Minutes from the Community Affairs and Parks Committee meeting of 05123/11
06/20/11
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146
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Jack Pace, Community Development Director
DATE: May 17, 2011
SUBJECT: Interlocal Agreement with the City of Kent regarding permitting for the
Tukwila South wetland mitigation site
ISSUE
Should the City of Tukwila enter into an interlocal agreement with the City of Kent to assume
permitting authority for the Tukwila South wetland mitigation site?
BACKGROUND
The Tukwila South Project consists of approximately 512 acres generally bounded by S 180
Street on the north, S. 204` Street on the south, Orillia Road and 1 -5 on the west and the Green
River on the east. Roughly half of the Tukwila South Master Plan property was in King County
and was annexed into the City of Tukwila in 2009 (Ordinance 2241). The property owner,
Segale Properties LLC, intends to develop the property consistent with the Tukwila South
Master Plan (Ordinance 2234) as adopted with the Development Agreement (Ordinance 2233).
A Draft Environmental Impact Statement was prepared to evaluate different development
scenarios and a Final Environmental Impact Statement was issued in July 2005.
The Tukwila City Council approved the designation of the Tukwila South Property as a Sensitive
Area Master Plan Overlay district (Ordinance 2238). This allows for sensitive area alterations
and mitigation on an area wide basis as opposed to preservation of existing individual wetlands,
watercourses and their buffers, as long as the mitigation results in improvements to water
quality, fish and wildlife habitat and hydrology beyond those that would occur through the
standard application of the provisions of the City's sensitive area regulations. Detailed review of
wetland, watercourse and fisheries mitigation was carried out as part of the Sensitive Areas
Master Plan permit and a decision was issued on September 1, 2010. This included approval of
filling of individual wetlands and four Type 2 streams in exchange for restoration of Johnson
Creek with a fish friendly floodgate, restoration and enhancement of two wetlands (Wetlands 10
and 11), and development of an off channel habitat area in the Green River.
DISCUSSION
Wetland 11 lies outside the City of Tukwila boundaries, with a large portion of it being in the City
of Kent and the remainder in unincorporated King County. It is currently a large undeveloped
parcel located on the south side of S 204` Street. The proposed mitigation work in the City of
Kent would require a separate grade and fill permit from Kent. However since the majority of the
Tukwila South project lies within the city limits of Tukwila and substantial review has been done
by Tukwila on the proposed mitigation, Kent City Council has authorized its Mayor to enter into
147
INFORMATIONAL MEMO
Page 2
this interlocal agreement with the City of Tukwila granting permitting authority to Tukwila for the
wetland mitigation area.
Additionally the project involves relocating and enhancing a reach of Johnson Creek, which is
currently ditched, and installing a fish friendly flap gate to allow year round fish access to the
stream. Johnson Creek is currently located within a parcel that was owned by the King County
Drainage District No 2. Segale Properties has acquired that parcel, which extends into the
jurisdictions of Tukwila, Kent and King County. As part of its mitigation work Segale Properties
shall relocate the portion of the existing Johnson Creek within Tukwila's jurisdiction to a new
area adjacent to the northern boundary of S. 204 Street. The east fork of the drainage ditch
within Kent's jurisdiction shall remain unaffected. This interlocal agreement gives Tukwila the
authority to process the boundary line adjustment for the drainage ditch parcel.
Entering into this interlocal agreement will provide greater consistency for the Tukwila South
project. Also, it will be more efficient for one city to be the lead agency reviewing and monitoring
the wetland mitigation, as opposed to requiring the applicant to obtain separate permits from
different jurisdictions.
RECOMMENDATION
The Community Affairs and Parks Committee is being asked to forward the attached interlocal
agreement with Kent to the Committee of the Whole on June 13, 2011. The City Council will
then consider this item at the June 20, 2011, Regular Meeting and decide whether to authorize
the Mayor to sign the interlocal agreement.
ATTACHMENTS
Site Maps
Interlocal Agreement with Kent
MD 5 -18 -2011
WA2011 Info Memosbterlocal with Kent InfoMemo to CAP.doc
148
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA
AND THE CITY OF KENT GRANTING PERMITTING AUTHORITY TO TUKWILA
FOR THE TUKWILA SOUTH WETLAND MITIGATION AREA
THIS INTERLOCAL AGREEMENT "the Agreement is entered into by and between
the CITY OF TUKWILA, a State of Washington municipal corporation "Tukwila and the
CITY OF KENT, a State of Washington municipal corporation "Kent and in conformity with
Chapter 39.34, Revised Code of Washington "RCW
RECITALS
WHEREAS, Segale Properties LLC is the proponent of a mixed -use development
project, located within the City of Tukwila, commonly referred to as the "Tukwila South
Project and
WHEREAS, as mitigation for certain elements of the Tukwila South Project, Segale
Properties LLC is required to implement a wetland mitigation plan, which plan has been
approved by the City of Tukwila; and
WHEREAS, the majority of the Tukwila South Project is in the City of Tukwila,
however, a portion of the area identified as a wetland mitigation area for the Tukwila South
project is within the jurisdictional limits of the City of Kent. The subject wetland mitigation area
is described in Exhibit A, attached and incorporated herein by reference "Wetland Mitigation
Area and
WHEREAS, pursuant to a separate agreement, Segale Properties LLC has acquired fee
simple interest in and to the drainage ditch previously owned by King County Drainage District
No. 2 (the "District which drainage ditch is a single parcel located within the Wetland
Mitigation Area and extends into the jurisdictions of Tukwila, Kent and King County. As part of
its mitigation work, Segale Properties LLC shall relocate the portion of the existing Johnson
Creek ditch-north of S. 204 Street and within Tukwila's jurisdiction to a new area adjacent to
the northern boundary of S. 204 Street. The east fork of the drainage ditch within Kent's
jurisdiction shall remain unaffected. Upon completion of the above described revisions, Segale
Properties is required pursuant to its agreement with the District to transfer and convey to the
District the fee simple interest in and to the revised drainage ditch; and
WHEREAS, Tukwila and Kent agree that granting permitting authority to Tukwila on
behalf of Kent for the Wetland Mitigation Area will provide greater consistency for the Tukwila
South project and cost efficiencies for both parties; and
WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW
39.34;
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153
NOW THEREFORE, in consideration of the following recitals and the mutual promises
and covenants contained herein, it is agreed as follows:
AGREEMENT
1. Pumose of Interlocal Agreement. The purpose of this Agreement is to provide an
efficient permitting and monitoring process for the Wetland Mitigation Area to avoid the
inherent uncertainty of two separate review processes.
2. Review and Decision Making Process for Permitting and Approvals Needed for the
Wetland Mitigation Area.
2.1 Kent shall be responsible for issuing and inspecting any right -of -way or
utility permits for the Wetland Mitigation Area. Tukwila shall be solely responsible for
receiving, processing, enforcing, and monitoring all other permits or applications for the Wetland
Mitigation Area pursuant to the Tukwila Municipal Code and any pertinent state and federal
statutes. Tukwila shall verify that the applicant has obtained all state and federal permits required
for the Wetland Mitigation Area.
2.2 Tukwila shall require that the applicant record a Sensitive Area Easement,
in a form and manner approved by Kent, containing all critical areas and critical area buffers in
the Wetland Mitigation Area in accordance with Kent City Code 11.06.640. The Sensitive Area
Easement shall allow the District's continued use, repair and maintenance of the drainage ditch
located on parcel number 0322049049.
2.3 Tukwila shall notify Kent when Tukwila sends the project work in the
Wetland Mitigation Area to final acceptance and closeout and begins the monitoring and
maintenance periods.
2.4 Tukwila shall send Kent copies of the following items:
2.4.1 Any permits or approvals issued by Tukwila, state or federal
agencies for the Wetland Mitigation Area.
2.4.2 Any pre construction meeting notices for the Wetland Mitigation
Area.
2.4.3 Any communication regarding construction and installation
schedule for the Wetland Mitigation Area.
2.4.4 All critical areas mitigation monitoring reports for the Wetland
Mitigation Area.
2.5 For applications that require public notice, Tukwila must include Kent on
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the list of agencies who will receive notice. Response to the notice will be required for Kent to
be a party of record.
2.6 Tukwila's processing and review of permits and applications for the
Wetland Mitigation Area 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; approving final construction; and evaluating
compliance with approved conditions.
2.7 Tukwila shall process the boundary line adjustment application to be filed
by Segale Properties LLC to effect the changes discussed in the fourth recital, provided however,
nothing herein shall require either Tukwila or Kent to secure King County's consent to the
proposed boundary line adjustment.
2.8 Appeals of any decisions by Tukwila shall be processed by Tukwila pursuant
to applicable Tukwila Municipal Code provisions.
3. Duration and Termination. This Agreement shall begin upon written execution by
both parties and will continue until terminated. 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. Upon termination of this Agreement Tukwila shall provide Kent with a copy
of the files and records of all permit applications received or processed under this Agreement. In
the event of termination, Tukwila agrees to provide any further information or assistance
regarding the Tukwila South project or the Wetland Mitigation Area as Kent may thereinafter
reasonably require. Upon termination, Tukwila shall not be required to assign any portion of its
rights, if any, in performance bonds or other surety pertaining to construction or maintenance
activities to be undertaken in the Wetland Mitigation Area to Kent; provided, however, that
nothing in this Agreement shall be construed to preclude Kent, upon termination, from requiring
Segale Properties LLC to submit a performance bond or other surety pertaining to construction
or maintenance activities to be undertaken in the Wetland Mitigation Area directly to Kent, in
accordance with applicable provisions of the Kent City Code, including, but not limited to Kent
City Code Section 11.06.570.
4. Indemnification.
4.1. Tukwila shall indemnify and hold harmless Kent 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 Kent, 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 Kent or its officers, agents, employees and elected officials, or any of them, or jointly
against Kent and Tukwila and their respective officers, agents, employees and elected officials,
or any of them, Tukwila shall satisfy the same.
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155
4.2. Kent 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 Kent, 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 Tukwila, Kent shall defend the same
at its sole cost and expense; provided that Kent 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 Kent and their respective officers, agents, employees and elected officials, or any of
them, Kent 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 departmental 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
or Chief Administrative Officer, as the case may be, within thirty (30) days of written notice
from either party of a failure to resolve the dispute at the staff level, 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 Kent, 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 Kent are acting as Kent employees.
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. Assimability. 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
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third party a cause of action (as a third -party beneficiary or otherwise) on account of any
nonperformance hereunder.
10. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto and no other verbal or written assurance or promise by any party hereto is effective
or binding unless included in this Agreement. Proposed changes that are mutually agreed to shall
be incorporated by a 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 KENT
By: By:
Mayor Jim Haggerton Mayor Suzette Cooke
Exhibit A Legal Description of Wetland Mitigation Area in the City of Kent
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EXHIBIT A
Legal Description of Wetland Mitigation Area
Parcel "A TPN 0322049102
Beginning at a stone monument which is the southeast corner of Section 3, Township 22 North,
Range 4 East, W.M., in King County, Washington;
thence S89 °36'00 "W, along the south line of said Section 3, a distance of 1326.60 feet to the
TRUE POINT OF BEGINNING; thence S89 °36'00 "W, along said section line, 866.40 feet;
thence N26 °08'00 "E 1477.50 feet to the south line of South 204 Street; thence S89 °37'00 "E,
along said road, 791.30 feet; thence S35 °36'00 "W 973.80 feet, along the west bank of drainage
ditch; thence S00 °38'00 "W 522.90 feet, along the west bank of drainage ditch, to the POINT OF
BEGINNING.
Parcel `B Portion of TPN 0322049049
Together with those 30 and 40 foot strips lying within the southeast quarter of Section 3,
Township 22 North, Range 4 East, W.M., condemned on the 7 th of October, 1905 for drainage
ditch right of way for benefit of Drainage District Number 2 in King County Superior Court
Cause Number 47302.
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City ®f Tukwila
sti
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
May 23, 2011 5:00 p.nz.; Conference Roonz #3
PRESENT
Councilmembers: De'Sean Quinn, Acting Chair; Joe Duffie and Allan Ekberg (sitting in for Verna Seal)
Staff: Jack Pace, Nora Gierloff, Brandon Miles and Kimberly Matej
Guests: Jami Balint, Segale Legal Counsel
CALL TO ORDER: Acting Committee Chair Quinn called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Liahtine /Eneriav UDRrades: Potential for Additional Grant Funding
Staff is seeking Committee approval to submit a request to the Washington State Department of Commerce
for additional grant funding for lighting /energy upgrades; and if funding is awarded, to forward an
amendment to the current agreement to accept additional funds directly to the June 13 COW for discussion.
At the February 22, 2011, regular meeting, the Council approved a grant agreement with Washington
State Department of General Administration in the amount of $163,904 for the design and completion
of energy /lighting upgrades at various City facilities. Those upgrades are almost complete and the
Department of Commerce has notified the City that additional grant monies may be available due to
some entities not being able to utilize their grant fiends.
If the City receives additional funding, it would likely be under $50,000. The projects eligible for
energy /lighting upgrades include: parking lot lights at City Hall and the 6300 Building; indoor lights at
Old City Hall; outdoor lights at Tukwila Park, Bicentennial Park and the Golf Course; and installation
of occupancy sensors in various locations.
Committee Member Quinn requested that staff provide an end of implementation report that outlines
results and cost savings of the energy /lighting upgrades. UNANIMOUS APPROVAL, APPLY FOR
ADDITIONAL FUNDS. FORWARD TO JUNE 13 COW FOR DISCUSSION, IF NECESSARY.
B. Interlocal Agreement: Kent/Tukwila PernlittM2 for Tukwila South Wetland Area
Staff is seeking Council approval to enter into an interlocal agreement with the City of Kent to grant the
City of Tukwila permitting authority relative to a wetland mitigation area associated with the Tukwila South
project. Since the project's mitigation site is located within Kent's jurisdiction, an interlocal agreement is
necessary.
The Kent City Council has already authorized this permitting authority which will allow the applicant
(Segale Properties) to facilitate permitting through one city rather than two different jurisdictions.
Additionally, permitting through Tukwila will provide that applicant with the constancy of utilizing the
same parameters as those being followed for the Tukwila South project. UNANIMOUS APPROVAL.
FORWARD TO JUNE 13 COW FOR DISCUSSION
C. Comprehensive Plan Ui)date: Manufacturing Industrial Center
Staff is seeking full Council approval to update the City's Comprehensive Plan and Zoning Code
regulations relating to the Manufacturing Industrial Center (MIC). This recommended update, as per staff
160