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HomeMy WebLinkAboutReg 2012-11-05 Item 6C.2 - Interlocal Agreement - Landmark Designation and Protection Services with King CountyCOUNCIL AGENDA SYNOPSIS Meeting Date Prepared b Ma a ieu Co ncil review 11/05/12 BM ITEM INFORMATION ITEMNO. 6.C. (2) w e STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 11/5/12 AGENDA ITEM TITLE Interlocal Agreement with King County to provide historic preservation services. *THIS IS ASSOCIATED WITH THE HISTORIC PRESERVATION ORDINANCE REVIEWED AT C.O.W. ON 10/22/12, ALSO BEING CONSIDERED TONIGHT CATEGORY Discussion Mtg Date 11/5/12 Motion Mtg Date 11 /5 /IZ Resolution Mtg Date Ordinance Mtg Date Bid Axard Mtg Date Public !!9 Mtg Date Other Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW SPONSOR'S King County, which has an office of Historical Preservation, contracts with 17 other cities SUMMARY to provide historic preservation services. Tukwila does not have the resources or the expertise in house to be able to provide such services. The attached Interlocal Agreement will allow the City to contract with King County to provide those services within the City. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 6/25/12 AND 10/8/12 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Council COST IMPACT FUND SOURCE EXPENDI'T'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $6000 $0 $0 Fund Source: N/A Comments: At the time of an application, funds will need to be identified to pay for non-profit projects MTG. DATE RECORD OF COUNCIL ACTION 11/5/12 MTG. DATE ATTACHMENTS 11/5/12 Informatinal Memorandum Memorandum dated 10/1/12 (Revised 10/30/12) Draft Interlocal Agreement with King County Minutes from the Community Affairs and Parks Committee meeting of 10/8/12 Minutes from the Community Affairs and Parks Committee meeting of 6/25/12 w e 11 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Director BY: Nora Gierloff, Deputy Director Brandon Miles, Senior Planner DATE: October 1, 2012 Revised October 30, 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 October 22, 2012, the Committee of the Whole 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. The ILA was briefly discussed on October 22 and was reviewed by CAP. One requirement of the ILA is that the City adopts an Historic Preservation Ordinance, which Council reviewed at the last COW meeting. In drafting the ILA and the draft Ordinance, staff attempted to address two 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. 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 and Ordinance to address this issue by requiring that the City Council pre- authorize any Cities include Auburn, Woodinville and Shoreline. 101 INFORMATIONAL MEMO Page 2 landmark designation process for a city owned facility or property to ensure that the designation is consistent with future City facility plans. FINANCIAL IMPACT As much as $6,000 for old City Hall. The source of the funds has not been identified. RECOMMENDATION Staff recommends that the Mayor be authorized to sign the attached ILA. ATTACHMENTS Draft Interlocal Agreement between King County and the City. Minutes from the June 25, 2012 CAP Meeting ZADCD n Clerk's\BrandonlHisWcal Presevation OrMILAILA Memo.doc 102 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 103 (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. 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. 105 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: IC King County Prosecutor 1. City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes October 8, 2012 5: 00 P. m. PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg Staff: Jack Pace, Nora Geirloff and Kimberly Matej Guests: Joan Hernandez and John Kruize CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Agreement and Ordinance: King County Historic Preservation Per direction given at the June 25, 2012, Community Affairs Parks Committee meeting, staff is returning to Committee with a draft interlocal agreement with King County for preservation services and a draft ordinance (as required by King County) regarding historic preservation. At the June 25 Community Affairs Parks Committee meeting, the Committee requested that staff prepare a draft interlocal agreement and ordinance that would only be applicable to City -owned properties and archeological sites. They mentioned that consideration for program applicability to privately owned property could be explored at a later time. Staff identified major components listed below in the draft agreement and ordinance: Draft Interlocal Agreement: Tukwila Historical Society is in favor of this agreement as it relates to Old City Hall. Landmark status could increase their eligibility for certain grants for improvements to Old City Hall. Staff outlined the potential funding impact such a designation could have on the City if a fiscal agent in not identified. Language has been incorporated in the draft agreement which requires the City to pre authorize any work performed by King County in an effort to avoid City obligation to pay for unexpected costs. Draft Ordinance In addition to creating a Historic Preservation chapter of in Title 16 of the Tukwila Municipal Code (TMC), the draft ordinance adopts certain sections of the King County Code in regards to landmarks, nomination, designation, and funding by reference. The draft ordinance requires identification of a fiscally responsible party prior to charges being incurred by King County and makes nomination costs neutral to the City. Makes decisions appealable to the City Council. Calls for a Tukwila resident to be appointed by the Mayor and confirmed by the Council to sit on the King County Landmark Commission for a three -year term. Joan Hernandez expressed concern over the wording of the draft ordinance, which she believed to be financially burdensome to small non -profit organizations such as the Tukwila Historical Society. Her interpretation is that there is no flexibility in the draft ordinance as currently written that would allow the City to take on financial responsibility, in place of a small non profit, if the City Council so desired. In turn, the Committee felt that the flexibility did exist in the draft ordinance as written; however, Committee member 107 CommunitV Affairs Parks Committee Minutes October 8, 2012 Pape 2 Ekberg offered a non- substantive wording change to draft TMC Section 16.60.030 (C)(F) on the top of page 16 of the Committee agenda replacing the words "Prior to..." with "As part of the..." Additionally, the word "entity" in the first sentence would be made plural. Committee Chair Hougardy and Committee Member Ekberg were supportive of the change; however, Committee Member Duffle was not. For clarification, Committee Member Duffle is in favor of the draft ILA and ordinance, but is not supportive of the wording change. UNANIMOUS APPROVAL WITH EXCEPTIONS. FORWARD BOTH ITEMS TO OCTOBER 22 COW FOR DISCUSSION. III. MISCELLANEOUS In light of the recent incident at Foster Memorial Park involving the death of a small dog, Committee Member Duffle suggested that the City place signs in each park reminding park users of the dog leash law in the Tukwila Municipal Code. Meeting adjourned at 5:49 p.m. Next meeting: Monday, October 22, 2012 5:00 p.m. Conference Room 43 4 q Committee Chair Approval Minu by IRF 11 M, o Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes Jane 25, 2012 5:00 p. m. PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffie 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 Societe: 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 Presentation Officer, gave a PowerPoint Presentation on the King County Regional Historic Preservation 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 preservation, 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 Presentation 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 k g�' q Committee Chair Approval Minute y KA vi. 109