HomeMy WebLinkAboutRes 0582 - Interlocal Agreement - Flood Programs and Mitigation Policy & Plan in Green River ValleyCITY OF TUKWILA
WASHINGTON
RESOLUTION NO. 582
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT
ENTERED INTO BY AND BETWEEN KING COUNTY, THE CITY OF
AUBURN, THE CITY OF KENT, THE CITY OF RENTON, AND THE
CITY OF TUKWILA FOR THE PURPOSE OF COLLECTIVELY DEVEL-
OPING A WORT: PROGRAM TO GUIDE IN THE FORMULATION OF AN
INTERIM POLICY AND REGULATORY PLAN WHICH CAN SERVE TO
MITIGATE EXISTING AND FUTURE FLOOD DAMAGES IN THE LOWER
GREEN RIVER VALLEY UNTIL SUCH TIME AS FEDERAL FLOOD
PROTECTION PROJECTS ARE IMPLEMENTED.
NOW, THEREFORE, the City Council of the City of Tukwila, Washington
resolve as follows:
Section 1. That the Mayor of the City of Tukwila be and is hereby
authorized to enter into an agreement with King County, Auburn, Kent, and
Renton for the purpose of collectively developing a work program to guide in
the formulation of an iterim policy and regulatory plan on storm water.
Section 2. A copy of said agreement is attached hereto and incor-
porated herein by reference.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof this 2nd day of May 1977.
RESOLUTIONS
Res. #582 MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE READ
Authorizing BY TITLE ONLY. MOTION CARRIED.
the Mayor to
Sign an Deputy City Attorney Hard read a resolution authorizing the Mayor to
Agreement con- sign an agreement entered into by and between King County, the City of
cerning Flood Auburn, the City of Kent, the City of Renton, and the City of Tukwila
Damages for the purpose of collectively developing a work program to guide in
the formulation of an interim policy and regulatory plan which can
serve to mitigate existing and future flood damages in the lower
Green River valley until such time as federal flood protection projects
are implemented.
MOVED BY HILL, SECONDED BY SAUL, THAT RESOLUTION NO. 582 BE ADOPTED
AS READ.
Kjell Stoknes explained that the King County Prosecuting Attorney is
not satisfied with the fourth "Whereas" and he recommended changing
this Section of the agreement. The original section says that the
County and the local cities have been requesting flood control permits
when really it is the private developers that have requested the
permits. He explained that all of the cities will be adopting the
amended version.
Mayor Bauch explained that the Council cannot change the agreement;
therefore, Council can only instruct the Mayor to sign an agreement
that has been amended.
Attorney Hard said the Council can instruct the Mayor to sign an
agreement as long as it contains the recommended clause.
MOVED BY HILL, SECONDED BY SAUL, THAT THE MAYOR BE ALLOWED TO SIGN THE
AMENDED VERSION OF AGREEMENT. MOTION CARRIED.
MOTION CARRIED.
AGREE 1 NT
THIS AGREEMENT is entered into by and between KING COUNTY
(hereinafter referred to as "County THE CITY OF AUBURN, a municipal
corporation of the State of Washington (hereinafter referred to as "Auburn"),
THE CITY OF IENT, a municipal corporation of the State of Washington (here-
inafter referred to as "Kent THE CITY OF RENTON, a municipal corporation
of the State of Washington (hereinafter referred to as "Renton and THE
CITY OF TUKWILA, a municipal corporation of the State of Washington (here-
inafter referred to as "Tukwila as follows:
W I T N E S S E T H
WHEREAS, the parties hereto are sponsors of the East and West
Side Green River Watershed Projects developed by the Soil Conservation Service
under Public Law 566, as amended; and
WHEREAS, the parties hereto and the State of Washington have
approved the East and West Side Green River Watershed Projects as the can
prehensive flood control plans for the lower Green River Valley; and
WHEREAS, the parties hereto have agreed to the need for the Corps
of Engineers' levee improvement project along the Green River in order to
increase the capacity of the river channel so as to carry waters conveyed
to it by the Green River Watershed Projects; and
WHEREAS, the parties hereto lying partly or wholly within the
boundaries of State Flood Control Zone #2, Green River, have requested and
received flood control permits, pursuant to RCP] 86.15, permitting development
of flood plain :Lands, provided all such development was adequately floodproofed
to elevations which assumed the Watershed Projects were installed; and
WHEREAS, the parties hereto have applied for and become eligible
for federally subsidized flood insurance under the National Flood Insurance
Act of 1968, as amended, and in order to maintain their eligibility for said
insurance must adhere to the rules and regulations promulgated by HUD in
carrying out the national flood insurance program; and
WHEREAS,, revised regulations by HUD (Fed. Reg., Vol. 41, No. 207.
Section 1911.12) permit the consideration of federally funded .flood protection
systems, such as the Watershed Projects, in reducing floodproof elevations,
provided that said protection systems have progressed in their implementation
so as to meet the criteria specified therein; and
WHEREAS, the East and West Side Green River Watershed Projects do
not meet the criteria specified in Section 1911.12 of the HUD regulations and
local sponsor jurisdictions must therefore require floodproofing to the nat-
urally occurring 100 year flood elevation or other defined 100 year flood ele-
vation for all new development and improvements to existing developments located
in designated flood hazard areas; and
WHEREAS, the Department of Ecology has revised State policy on flood
control permits in Flood Control Zone #2, Green River, to bring said policy into
conformance with requirements of the federal flood insurance program with regard
to floodproof elevations; and
WHEREAS, it has now been determined that the existing Green River channel
does not have adequate capacity under flooding conditions to accept waters conveyed
to it by the Watershed Projects or by other systems and that this condition has
resulted in a decision by the Soil Conservation Service, not yet formally ratified
by the local sponsors, to suspend the West Side Watershed Projects and modify the
East Side Watershed Projects further delaying their construction and adding un-
certainty as to their ultimate implementation; and
WHEREAS, continued urban encroachment on the lower Green River flood
plain until federal flood protection systems are implemented will displace
critical flood plain storage causing floodwaters to increase in elevation and
be redirected to other protected and unprotected properties; and
WHEREAS, the urban development of upstream and upland watersheds in-
creases runoff volumes which flow into and raise the level of the Green River
and /or collect in low lying lands adjacent to the river further worsening con-
ditions in the lower Green River Valley; and
WHEREAS, the parties hereto share in common the flood plains and uplands
of the Lower Green River Watershed (Exhibit A, map), are concerned about the
health, safety and welfare of people in the watershed whose property is subject to
continued flooding, and have through enabling legislation and police powers
the authority to adopt and enforce legislation to mitigate these problems to the
greatest extent possible;
NOW THEREFORE, BE IT RESOLVED, the parties hereto agree as follows:
1. Interim Policy and Regulatory Plan
The parties hereto hereby agree to the need to
collectively formulate an interim policy and regu-
latory plan for the purposes of governing new
development and mitigating the adverse impacts of
existing and future flooding in the Lower Green
River Watershed which are likely to occur before
Federal flood control projects are implemented.
2. Work Program
The parties hereto hereby agree that a necessary
first step in formulating said interim policy and
regulatory plan is to develop a work program which
establishes the scope of study, individuals and /or
staff necessary to formulate the policy and plan,
anticipated costs, how the study will be funded and
a timetable for completion and presentation of said
policy and plan to their governing bodies.
3. Technical Committee
The parties hereto hereby agree to immediately appoint
staff with the necessary expertise to serve on a tech-
nical committee which will develop said work program.
The technical committee shall submit the work program
to the legislative bodies of the parties hereto for
adoption no later than 99 days from the date of adoption
of this agreement.
4. Elements of An Interim Policy and Regulatory Plan
In developing said work program, the technical committee
should give consideration to the major elements of an
interim policy and regulatory plan. Those major elements
may include, but are not limited to, the following:
a) A clear and concise statement of the existing
drainage and flood control problems in the
affected watershed.
b) Mechanisms for governing new development and
mitigating the adverse impacts of future flooding
in the affected watershed.
KING COUNTY
TITLE:
DATE: 9 2) 7 7
The signing of this agreement was authorized by Mbtion 3 6 of the
governing body of KING COUNTY adapted at a meeting on
1977.
ATTEST:
CITY OF AUBURN
s "V-
c) fechanisms by which the interim policy and
regulatory plan will be implemented.
d) Allocation of costs and responsibilities for
implementation of the interim policy and regu-
latory plan among the parties hereto.
e) Timetable for implementation of the interim
policy and regulatory plan.
1977.
AT TST:
3097
BY: V
DATE: lCi '11
The signing of this agreement was authorized by Resolution •793
of the governing body of the CITY OF AUBURN adopted at a meeting on
i
DATE: _`.7 `i /77
CITY OF KENT
The signing of this agreement was
of the governing body of the CITY
1977.
1
CITY OF RENTON
The signing of this agreement was
a/4 -25
CITY OF TUKWILA
1977.
1977.
.7
TITLE:
DATE:
authorized by
OF KENT adopted at a meeting on
ATTFCT:
BY:
—s 7 //L/7
DATE: 0/ 2 '7
BY: ..etettit
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DATE: c
authorized by Resolution <A/O
TITLE:
of the governing body of the CITY OF RENTON adopted at a meeting on
ATTEST:
BY:
BY:
TITLE:
DATE:
=EST:
BY:
DN_E:
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DATE: ez?&A. .3 7 7
/49 (Oeicd
The signing of this agreement was authorized by Resolution
of the governing body of the CITY OF TURWILA adopted 'at a meeting on
1977
Exhibit A
Lower Green river Watershed Map
Cascade Range
33
6/29/77
OF TUifwf1A.
CIL I(S OFFICE
JUL :e 11
-1-
L3 •3 G, NES
Introduced by: Mike Lowry
77 -517
1 MOTION NO. 3097
2 A MO ION authorizing the King County Executive
to enter into an agreement with the City of
3 Auburn, the City of Kent, the City of Renton
and the City of Tukwila for the purpose of
4 jointly developing a work program to guide
the formulation of an interim development and
5 regulatory plan for mitigating existing and
future flooding in the lower Green River Valley
6 until Federal flood protection systems are inplemented.
7 WHEREAS, King County, the Cities of Auburn, Kent, Renton,
8 and Tukwila, the Green River Flood Control Zone District and the
9 King County Conservation District are sponsors of the East and
10 West Side Green :River Watershed-Projects developed by the Soil
11 Conservation Service under Public Law 566, as amended; and
12 WHEREAS, the State of Washington has designated State Flood
13 Control Zone 4 #2, Green River, and has issued state flood control
14 permits pursuant to RCW 86.15,. permitting development of flood
15 plain lands,. provided all such development was adequately flood
16 proofed to elevations which assumed the Watershed Projects were
17 installed; and
18 WHEREAS, the parties hereto have applied for and become
19 eligible for federally subsidized flood insurance under the
20 National Flood Insurance Act of 1968, as amended, and in order
21 to maintain their eligibility for said insurance must adhere to
22 the rules and regulations promulgated by HUD in carrying out the
23 national flood insurance program; and
24 WHEREAS, revised regulations by HUD (Fed. Reg., Vol. 41,
25 No. 207, Section 1911.12) permit the consideration of federally
26 funded flood protection systems, such as the Watershed Projects,
27 in reducing floodproof elevations, provided that said protection
28 systems have progressed in their implementation so as to meet
29 the criteria specified therein; and
30 WHEREAS, the East and West Side Green River Watershed
31 Projects do not meet the criteria specified in Section 1911.12 of
32 the HUD regulations and the State of Washington must therefore
30'97
1 require floodproofing to the naturally occurring 100 year flood
2 elevation or other defined 100 year flood elevation for all new
3 development and improvements to existing developments located in
4 designated f:Lood hazard areas; and
5 WHEREAS, the Department of Ecology has revised State policy
6 on flood control permits in State Flood Control Zone #2, Green
7 River, to bring said policy into conformance with requirements of
8 the federal flood insurance program with regard to floodproof
9 elevations; and
10 WHEREAS, it has been determined by the Corps of Engineers
11 that the existing Green River channel does not have adequate
12 capacity under flooding conditions to accept all waters conveyed
13 to it by the Watershed Projects or by other systems and that this
14 condition has resulted in a decision by the Soil Conservation
15 Service, not yet formally ratified by the local sponsors, to
16 inactivate the West Side Watershed Project and modify the East
1 Side Watershed Project further delaying their construction and
18 adding uncertainty as to their ultimate implementation; and
19 WHEREAS, urban development of the lower Green River flood
20 plain until federal flood protection systems are implemented will
21 displace critical flood plain storage causing floodwaters to
22 increase in elevation and be redirected to other protected and
23 unprotected properties; and
24 WHEREAS, the urban development of upstream areas and upland
25 watersheds increases runoff volumes which flow into and raise the
26 level of the Green River and /or collect in low lying lands
27 adjacent to the river aggravating flooding conditions in the
28 lower Green River Valley; and
29 WHEREAS, the parties hereto share in common the floodplains
30 and uplands of the lower Green River Watershed, are concerned
31 about the health, safety and welfare of people in the watershed
32 whose property is subject to flooding and impaired use and have
33 through enabling legislation and police powers the authority to
1 adopt and enforce legislation to address these problems.
2 NOW, THEREFORE, BE IT MOVED by the Council of King County:
3 The King County Executive is authorized to enter into the
4 agreement attached hereto by and between KING COUNTY, THE CITY
5 OF AUBURN, THE CITY OF KENT, THE CITY OF RENTON, AND THE CITY
6 OF TUKWILA for the purpose of jointly developing a work program
7 to guide the formulation of an interim policy and regulatory
8 plan for the purposes of planning and regulating development to
9 mitigate existing and future flooding in the Lower Green River
10 Valley until such time as Federal flooding protection projects
11 are implemented.
12 PROVIDED THAT:
13 1. Said work program is both consistent with and complements
14 the work program of the County Office of Agriculture, as
15 specified in Ordinance 3064, and the development of the King
16 County Subregional Land Use Plan.
17 2. A report of the studies associated with the
18 implementation of the SCS Watershed and Corps of Engineers Flood
19 Control Projects authorized by Motion 2282 is presented to the
20 Council by August 1, 1977.
21 3. Prior to entering into the agreement, the County
22 Executive shall prepare and present to the Council a staffing
23 plan with necessary budget ordinance(s) to carry out the County's
24 responsibilities set forth in the agreement.
25 PASSED this .5 day of i J l 1977.
26
27
28
29 1
ATTEST:
30
31
C DEPUTY
32 Cl-ork -oti the Council
33
-3-
KING COUNTY COUNCIL
KING COUNTY, WASHINGTON
B
Chairmali
(303x7