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HomeMy WebLinkAboutRes 1376 - Memorandum of Understanding (MOU) for South Park Annexation and Other Boundary Disputes (S r 4 1908 City of Tukwila Washington Resolution No. /06 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF SEATTLE, CITY OF TUKWILA, AND KING COUNTY, ADOPTING A PROCESS FOR RESOLVING THE DISPUTE BETWEEN THE CITIES OF TUKWILA AND SEATTLE OVER THE SOUTH PARK POTENTIAL ANNEXATION AREA AND OTHER BOUNDARY DISPUTES INVOLVING THE JURISDICTIONS. WHEREAS, the City of Tukwila designated the South Park area of unincorporated King County as a Potential Annexation Area (PAA) on December 4, 1995 by Ordinance No. 1757; and WHEREAS, the City of Seattle also designated the South Park area as a PAA by passage of Ordinance No. 118389, Seattle's comprehensive plan amendments, on November 18, 1996; and WHEREAS, as a result of the overlapping and conflicting South Park PAA designations, the City of Tukwila appealed Seattle's comprehensive plan amendments to the Central Puget Sound Growth Management Hearings Board, Case No. 97 -3 -0009, City of Tukwila v. City of Seattle; and WHEREAS, the cities of Tukwila and Seattle now wish to resolve the dispute over the South Park PAA and other boundary issues, and settle the aforementioned lawsuit by entering into a Memorandum of Understanding; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Mayor is hereby authorized to execute a Memorandum of Understanding in substantially the form of the attached Exhibit "A" to this resolution, by this reference fully incorporated herein, adopting a process for resolving the dispute over the South Park PAA before the Central Puget Sound Growth Management Hearings Board, Case No. 97 -3 -0009, City of Tukwila v. City of Seattle, and for resolving all of the boundary issues identified in the attached Memorandum of Understanding. PASSED BY THE CITY CCIL OF T CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this _14 day of 1997. 3 ij,i Hag;; 4 .n, Council President ATTEST AUTHENTICATED: Ci AtAL- r1.-4-r--,- Ale E. Cantu, City Clerk APPROVED AS TO FORM: By: ..1 -.01b<----- Ofsof the City Att ney Filed with the City Clerk: e /4 P 7 Passed by the City Council: _6 lo 9' Resolution Number: /0 7 (o MEMORANDUM TO: Mayor John W. Rants Members of City Council FROM: Bob Noe, City Attorney's Office AO DATE: June 11, 1997 RE: City of Tukwila v. City of Seattle CPSGMHB Case No. 97 -3 -0009 Memorandum of Understanding to resolve boundary issues and to resolve lawsuit. In November, 1996 Seattle adopted comprehensive plan amendments. Among those amendments, Seattle designated a potential annexation area (PAA) in the South Park area of unincorporated King County. Seattle published these comprehensive plan amendments in December, 1996. Seattle's designation of a PAA in the South Park area overlapped with and conflicted with the City of Tukwila's designation of the South Park PAA in its comprehensive plan, which Tukwila adopted a year prior to Seattle's amendments. Pursuant to the Growth Management Act, Tukwila timely appealed Seattle's comprehensive plan amendments to the Growth Management Hearings Board. A final hearing on the merits in that lawsuit is scheduled for July 2, 1997. During the pendency of the lawsuit, the cities attempted to work toward an amicable resolution of the lawsuit and discussed the possibility of negotiating in good faith other boundary anomalies beyond the PAA issue existing between the jurisdictions and unincorporated King County. Recently, the City of Seattle, working both with the City of Tukwila and with King County, drafted a Memorandum of Understanding, which if agreed upon by the jurisdictions, will provide for mediation of the overlapping PAA issue, the 16th Street bridge issue, and other boundary issues. The City Attorney's Office in conjunction with the Department of Community Development and Planning has briefed City Council on the nature of the litigation, the options available to the City of Tukwila, and the likely outcome flowing from each option. City Council agreed that the City of Tukwila should enter into the Memorandum of Understanding to mediate the issues identified above. A resolution has now been drafted for City Council approval which authorizes the Mayor to execute the Memorandum of Understanding. Passage of the resolution is recommended. F:\A PPS\ MUNIULFN \ME01960.rfn /rfn/061197//d1 Page 1 MEMORANDUM OF UNDERSTANDING In consideration of the terms set forth below, the City of Tukwila "Tukwila a Washington municipal corporation, the City of Seattle "Seattle a Washington muncipal corporation, and King County "the County a Washington municipal corporation, agree to the following Memorandum of Understanding "MOU" or "Agreement A. Purpose: 1. To establish a process and schedule for negotiating and resolving issues relating to: 1) the potential annexation area "PAA previously designated by both the City of Tukwila and the City of Seattle; 2) other unincorporated areas between the cities of Tukwila and Seattle; and 3) other boundary issues identified in Sections C(3)(c) and (d) below, (the geographic areas for all three are collectively referred to as "the affected area. 2. To negotiate with the following common goals: Preservation of natural neighborhoods and communities. Use of physical boundaries, including but not limited to bodies of water, highways and land contours. Creation and preservation of logical and efficient service areas. Prevention of abnormally irregular boundaries. Adjustment of impractical boundaries. Provision of clarity and predicability by boundary and service changes to businesses and residents of the affected area. Protection or Enhancement of industrial activities and areas. Environmental efforts in the affected area should be supported. Major infrastructure costs should be distributed in proportion to benefits. An equitable and balanced resolution to jurisdictional boundary disputes, including a fair and equitable distribution of revenues, facilities development and maintenance and operation costs. 1 JUN 09 -1997 12 :49 99% P.02 Give consideration, to the extent feasible, to the annexation and boundary change opinions of residents of the affected areas. 3. To identify issues to include in subsequent interlocal agreements 4. To agree to resolve the long -term governance of the remaining North Highline unincorporated urban area (which is bounded by Seattle, Tukwila, Burien and SeaTac) in subsequent negotiations. B. Resolutjn. 1. The Mayors of Seattle and Tukwila and the King County Executive will each prepare a resolution or other legislation to be adopted by their respective jurisdictions that will adopt this MOU as the process for resolving the dispute over the PAA and for resolving the issues identifed in this MOU. This resolution shall be forwarded to the legislative bodies of the respective jurisdictions for their review by June 9, 1997. 2. In consideration of Seattle's agreement to participate according to the terms of this MOU, the City of Tukwila will, within seven (7) days after the aforesaid resolutions are passed in each jurisdiction, dismiss its appeal of the_Seattle Comprehensive Plan amendments that is currently pending before the Central Puget Sound Growth Management Hearings Board as case number 97 -3 -009. C. NegotiatioaProces5; 1. Mediator: a. All three parties, the County, Tukwila, and Seattle will jointly hire a mediator to mediate the issues identified below. All three will jointly share the cost, with the invoices being submitted to King County after the mediation is completed.Seattle and Tukwila will each reimburse the County for 1/3 of the cost of the mediator. b. The mediator will be chosen by mutual agreement. Each party will submit 3 names to each of the other parties within one week after 2 4 -09 -1997 12:49 99% P.03 execution of this agreement. The parties shall mutually agree upon a mediator from the names submitted. If the parties cannot agree upon a mediator from the names submitted, the parties agree to use a mediator supplied by the Central Puget Sound Growth Hearings Board. 2. Negptiat�ioaProceeding a. Because of the importance and implications of the issues involved, the first mediation session will not occur until ninety (90) days after this Agreement is executed, in order to give the parties time to study and evaluate the issues identified. Within this ninety (90) day period, the parties would jointly host a public meeting to obtain the input of affected citizens. After the mediation is completed, another public meeting would be held to obtain public input on the results of the mediation. b. The parties agree that the first mediation session will begin no later than one hundred twenty (120) days after execution of this Agreement. The parties further agree to meet not less than twice per month (for at least 4 hours for each session) after the first mediation session until the issues are resolved or until expiration of this Agreement, whichever comes first. At the first meeting the parties shall agree upon and reduce to writing a schedule of dates, times and locations of meetings for the sessions. 3. Issues: The parties agree that, at minimum, the following issues will be the subject of the mediation: a. The appropriate location of potential annexation area (PAA) boundaries for the City of Seattle, if any, in the South Park area; b. The appropriate location of potential annexation area (PAA) boundaries for the City of Tukwila, if any, in the South Park area; c. The appropriate allocation of jurisdictional and financial responsibility among the parties for major public facilities, including but not limited to the operation, maintenance and repair or replacement of the 16th Avenue South bridge. 3 JUN -09 -199? 12:49 98% P.04 d. The appropriate allocation of jurisdictional responsibility for those areas between any PAA boundaries resolved by (a) and (b) of this subsection C.3. and the 16th Avenue South bridge. e. Although not directly related to the potential annexation area dispute, there exist several areas where existing boundaries between Seattle and Tukwila are illogical and negatively affect the respective cities' ability to provide governmental services as efficiently and effectively as desired. Therefore, in the interest of good public policy, these existing boundary anomalies will also be subject to mediation under the process established by this MOU. At a minimum. these areas include seven (7) site Additional des may be added through the amendment pursuant io the procesJin Section G. f. The parties acknowledge that any agreement reached by the Mayor of Seattle, Mayor of Tukwila, the County Executive, or their designees during the mediation will require approval by their respective Councils. Such approvals may include comprehensive plan amendments to designate potential annexation area boundaries and interlocal agreements covering the issues that are the subject of this mediation. g. In accordance with the parties' agreement to resolve the long- term governance of the remaining North Highline unincorporated area in subsequent negotations, the County shall provide a North Highline Community Profile. This document will include general descriptions of local urban services, costs of the major local urban services currently provided by King County and estimates of revenues. The parties agree to review this information, and to identify service provision issues to be resolved in subsequent negotiations. 4. Good Ffiith Negotiation, The parties shall negotiate in good faith with the, common goals in mind to resolve the issues identified. If a court of competent jurisdiction determines that a party hereto has not been negotiating in good faith, then that party shall pay the costs and expenses of the mediator for the portion of the mediation for which the party was found not to have negotiated in good faith, as well as the costs, expenses and JUN -1997 12:50 4 P.05 attorney fees of all parties for the court proceedings to determine the good faith of the party. 5. Sharing of Serapes Studio To the extent that the parties have prepared studies in their planning processes relating to usage or provisions of various services to the affected area, including provision of utilities, transportation issues, infrastructure costs, etc. they will share those with the other parties at least 2 weeks prior to the first negotiation session. This includes but is not limited to any studies involving the usage of the 16th Avenue South bridge; the costs of improving, operating and maintaining the 16th Avenue South bridge; any environmental due diligence or contamination studies for the affected area and information regarding any remediation costs; any information regarding violations of currently applicable zoning, building or other regulatory codes in the affected area. This is not intended to include any attorney work product or attorney client privileged materials prepared as a part of and in preparation for the litigation between the City of Tukwila and the City of Seattle and currently pending before the Growth Planning Hearings Board in Case No. 97-3-0009. 6. Confidentiality. All discussions, proposals and communications occurring during the mediation process, whether written, oral or otherwise shall be considered for settlement purposes only and all parties specifically agree that no such discussions or writings resulting from the negotiations and mediation shall be used or referred to in any litigation or other adversarial proceedings. 7. feline,, The parties shall complete the mediation regarding the identified issues within 9 months from execution of the agreement. This date may be extended by written mutual agreement of all parties. D. Cessation cif Annexation Activities. Except for the Resolution described above in Section B, after execution of this Agreement and until either the date of a signed agreement resolving the issues identified herein or the date of the end of mediation specified in Section C(7) or any extended date agreed upon pursuant thereto, whichever comes first, neither Tukwila nor Seattle shall take any action to annex the South Park PAA or any part thereof or any of the geographic areas identified herein as affected S JUN -07 1997 12:50 P.06 areas. This prohibition includes but is not limited to, introducing any resolutions or ordinances, accepting annexation petitions, or proposing annexation of any of the affected areas. E. 9' d :i. t: s is it Any disputes concerning the interpretation or application of this MOU or any matter upon which the parties reach impasse shall be submitted to the mediator for assistance with resolution. In the event resolution cannot be achieved by this method within fourteen (14)days after submission to the mediator, any party may file an appropriate action before a court of competent jurisdiction. F. Notices. 1. Each notice, approval or other communication required or permitted to be provided to another party pursuant to this Agreement "Notice shall be deemed to have been given if made in writing and (a) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received at the time so delivered), (b) sent by United States mail, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received three days after mailing), or (c) sent by facsimile with confirmed receipt prior to 5:00 p.m., with a copy sent by United States mail, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received on the date the fax was received), addressed to the respective parties as follows: City of Tukwila Fax: Attention: JUN-09 -1997 12:51 6 P.07 City of Seattle Office of Management and Planning 3rd Floor, 600 Fourth Avenue Seattle, Wa. 98104 Fax; (206)2330085 Attention: Director, Office of Management and Planning King County Fax: Attention: 2. Either party may, by Notice given pursuant to this paragraph, change the person or persons and address or addresses, or designate an additional person or persons or an additional address or addresses for its Notices. G. Amendment. This Agreement shall not be amended except by written instrument signed by all parties hereto. H. Governing Law. This Agreement shall be governed by the laws of the State of Washington. I. Severable Provisions. If any provision of this Agreement shall be invalid or unenforceable to any extent, then the other provisions of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law. J. Authorization. The undersigned hereby declare that they are authorized to execute this Agreement. 7 JUN -09 -1997 12:51 96% P.08 K. Execution. This Agreement may be executed in duplicate originals. Dated this day of 1997. CITY CITY OF TUKWILA by (Typed name and Title) Dated this day of 1997. CITY OF SEATTLE by (Typed name and Title) Dated this day of ,1997. 'KING COUNTY by (Typed name and Title) STATE OF WASHINGTON ss. COUNTY OF KING On this day of 1997, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared known to me to be the of JUN -09 -199? 12:51 8 P.09 the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Signature Print Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ss. COUNTY OF KING On this day of 1997, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared known to me to be the of the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Signature 9 JUN-09 -199? 12:51 P.10 Print Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ss. COUNTY OF KING On this day of_ 1 997, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared known to me to be the of the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Signature Print Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires I4 JUN-W-1997 12:52 P.11 5ite 1. 1 Citti l.lmtto run thrc the Poem 2 -10 i uild N 51te 2 Citti Limits run thrcuah the Peeve! 2 -25 fiuldinq o Site Fie ;7 Cif Iknt 6 split Off al a l r p a r t segment and rim thro h parcels Cth Limits nn thrau the &socaked Grocers VuildIrgi Site 7 MI and split 6oea�q Field Narrow strip of Lv0 1." ,1 rA. 5 e untrarporal ed 1 1. /04.1 limits run �tro� far narrow lots Kiwi County 1 v r 5Ite6 N. Ch Limb create a Small isolated sag- net* LLil_litit.)-.. of1-5 +3711\ ,3 .4!( f tiP.tcili' ii 7 ��j"1 13 fi r fir s war i ir; h. c „wag* 1 1 ,ii i iiki-evi,__Alpft it 1 1 1 r 7 ird411 1 I I fill l W 1 r Zi• I 1 1 If 7 II I._ jI lie NorTh III r 4 Gt.! of Tukwila 5eattle4ukwila i ,m, City Limit 5tte Identsfication Map ..1 15, 1995 ••••ssu•-••• ------------------g----------7 ,�.54 ►g dui `,t- s us s s+t a E J —iv 4 t.. 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