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HomeMy WebLinkAbout09-05-2006 ITEM VIII-B-7ACITY lOF lU - '� WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Transit Oriented Development Interlocal Agreement Date: with King County August 29, 2006 Department: Planning, Building Attachments: Resolution No. 4086; Budget Impact: and Community Interlocal Agreement between King County and Auburn Administrative Recommendation: City Council adopt Resolution No. 4086. Background Summary: King County Metro operates a TOD program, the purpose of which is to reduce the use of single - occupant vehicles by increasing the number of times people walk, bicycle, carpool, vanpool, or take a bus, streetcar, or rail. It does this by bringing potential riders closer to transit facilities rather than building homes away from population centers, which makes people more dependent on roads and automobiles. Downtown Auburn, near the Auburn Station, has been the subject of discussion between the City of Auburn and King County for a Transit Oriented Development (TOD) project. Prior to the construction of Auburn Station, the primary Metro park-and-ride facility in Auburn was located at 101 15th Street NE. The 367 -stall, eight -acre lot is located near the Auburn Municipal Airport The Sounder garage, two miles to the south, has approximately 360 stalls for commuters with an additional 113 adjacent surface stalls, for a total of approximately 478 commuter stalls serving Sounder rail, Regional Express, and Metro bus riders. Since its opening, Auburn Station has steadily attracted more bus and rail riders. The garage is nearing 100 percent capacity and use of the 15th Street Park -and -Ride has steadily declined. King County is willing to relocate some parking from the 15th Street Park & Ride lot to the vicinity of the downtown Sounder garage, if the 15th Street Park & Ride lot is declared surplus and sold at fair market value to the City, a third party developer, or a portion of the property to each. L0905-1 01.2 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ® Planning ❑ Park Board []Public Works ® Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _/_/ Tabled Until _/_/ Councilmember: Norman Staff: Osaki Meeting Date: September 5, 2006 Item Number: VIII.B.7 AUBURN *MORE THAN YOU IMAGINED Agenda Subject: TOD Interlocal Agreement Date: August 23, 2006 Further, King County is willing to negotiate for acquisition of 100 parking stalls with the potential TOD developer. It is intended that the acquisition of the parking, which will be available for commuters during commute hours but may be used to support the development after hours, will serve as an incentive supporting a TOD project. The attached interlocal agreement establishes a process for the City and County to solicit and evaluate developer qualifications and TOD proposals near the Auburn Station. The process involves a Request for Qualifications process, followed by the selection of firms to submit a more detailed proposal. Criteria for evaluating proposals are set forth in the agreement. The criteria for a TOD project includes: a. Be within one block of the downtown Sounder garage. b. Include at least 100 parking stalls built to the County's specifications that could be leased or otherwise acquired by the County for use by commuters during normal commute periods between 5 am and 7 pm weekdays, but which the developer may use to support its project during off -commute periods. c. Comprised of a mix of for -purchase residential and office or retail use. The proposals shall be evaluated on a scoring system based on the following: a. Cost per stall b. Proximity to the downtown Sounder Garage. c. Utility for commuter use. d. Conformance with Auburn's Downtown Plans, Zoning and Standards. e. Affordability standards for for -purchase housing units of 60% of units at 120% of median income. Finally, the agreement provides that the review and selection of firms based on their qualifications and the selection of a proposal will be done by a committee of Metro and City representatives (two each) with equal voting power. On August 28, 2006 the Public Works Committee reviewed the proposal and had two primary comments. Those comments and a response are below. 1. Reference to City purchase of part of the Park and Ride property in the inter -local agreement should make reference to City Airport Fund rather than "City". (RESPONSE: This section of the interlocal has been modified). 2. There should be costs identified for the City acquisition of property and the 15th Street NE Park and Ride. (RESPONSE: At this time, determining a specific cost is premature. The agreement recitals do say "fair market value" which would mean an appraisal will need to be conducted in the future. In addition, it is also possible that FAA grant funding will be sought and used to purchase portions of the park and ride property to be used in support of the airport). On August 28, 2006 the Planning and Community Development Committee reviewed the proposed resolution and recommended approval. L0905-1 01.2 Page 2 of 2 RESOLUTION NO. 4086 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH KING COUNTY ESTABLISHING A PROCESS TO SOLICIT AND EVALUATE TRANSIT ORIENTED DEVELOPMENT PROPOSALS IN THE VICINITY OF THE AUBURN STATION WHEREAS, Transit Oriented Development (TOD) is a King County program to promote transit supportive land uses including mixed -income residential, retail, and other pedestrian friendly, non auto -oriented development adjacent to County transit facilities; and, WHEREAS, King County is pursuing TOD, which includes housing and other land uses that increase transit usage, at various park and ride lot locations within King County; and, WHEREAS, the City of Auburn is actively promoting development in its downtown near Auburn Station (Sound Transit commuter garage, "downtown Sounder garage") by making substantial investments in transportation infrastructure, providing relief from certain fees and taxes, accommodating higher density and streamlining review processes; and, WHEREAS, King County and the City are actively discussing a TOD, project in the vicinity of the downtown Sounder garage; and, WHEREAS, King County currently owns and operates an 8.3 -acre, 358 -stall park-and-ride lot on 15th Street just south of the Auburn Airport where utilization is currently about 200 stalls per day; and, WHEREAS, King County is willing to relocate parking from the 15th Street NE Park & Ride lot to the vicinity of the downtown Sounder garage, if the 15th Street NE Resolution No. 4086 August 29, 2006 Page 1 of 3 Park & Ride lot is declared surplus and sold at fair market value to the City, a third party developer, or a portion of the property to each; and, WHEREAS, the City is willing to take the lead in identifying and encouraging potential developers of a TOD project on private land in the vicinity of the downtown Sounder garage; and, WHEREAS, King County is willing to negotiate for acquisition of '100 parking stalls with the potential TOD developer whereby it is intended that the acquisition of the parking will be available for commuters but may be used to support the development after hours, will serve as an incentive supporting a TOD project; and, WHEREAS, both King County and the City would benefit from development that would bring a TOD project into downtown Auburn; and, WHEREAS, the parties wish to establish terms for issuing a Request for Qualifications (RFQ) and to evaluate subsequent proposals for a TOD project on private land in the vicinity of the downtown Sounder garage ("Auburn Station") NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: SECTION 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an interlocal agreement for a process evaluate transit oriented development proposals in the vicinity of the Auburn Station denominated as Exhibit "A" and made a part hereof as though set forth in full herein. SECTION 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4086 August 29, 2006 Page 2 of 3 SECTION 3. This resolution shall take effect and be in full force upon passage and signatures thereon. DATED this day of 2006. CITY OF AUBURN Peter B. Lewis Mayor ATTEST: Danielle E. Daskam, City Clerk iel B. Heid, �- Attorney Resolution No. 4086 August 29, 2006 Page 3 of 3 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN Relating to the Issuance of an RFQ for Parking Stalls This Agreement is made and entered into this day of , 2006, by and between the City of Auburn, hereinafter called "City", and King County, hereinafter called "County". Transit Oriented Development (TOD) is a County program to promote transit supportive land uses including mixed -income residential, retail, and other pedestrian friendly, non auto - oriented development adjacent to County transit facilities 1. The County is pursuing TOD, which includes housing and other land uses that increase transit usage, at various park and ride lot locations within King County; 2. The City is actively promoting development in its downtown near the present Sound Transit Sounder commuter garage ("downtown Sounder garage") by making substantial investments in transportation infrastructure, providing relief from certain iFees and taxes, accommodating higher density and streamlining review processes; 3. The County and the City are actively discussing a TOD project in the vicinity of the downtown Sounder garage; 4. The County currently owns and operates an 8.3 -acre, 358-stall'park-and-ride lot on 15a' Street just south of the Auburn Airport. Utilization of the lot is currently about 200 stalls per day; 5. The County is willing to relocate parking from the 15`x' Street Park & Ride lot to the vicinity of the downtown Sounder garage, if the 15a' Street Park & Ride lot: is declared surplus and sold at fair market value to the City, a third party developer, or a portion of the property to each; 6 The City is willing to take the lead in identifying and encouraging potential developers of a TOD project on private land in the vicinity of the downtown Sounder garage; 7. The County is willing to negotiate for acquisition of 100 parking stalls with the potential TOD developer. It is intended that the acquisition of the parking, which will be available for commuters but may be used to support the development after hours, wily serve as an incentive supporting a TOD project; 8. Both parties would benefit from development that would bring a TOD project into downtown Auburn; and 9. The parties wish to establish terms for issuing a Request for Qualifications (RFQ) and to evaluate subsequent Proposals) for a TOD project on private land in the vicinity of the downtown Sounder garage ("Auburn Station"). NOW, THEREFORE, the City and the County hereby agree as follows: 1. REQUEST FOR QUALIFICATIONS 1.1 The City shall develop and issue a Request for Qualifications ("RFQ") soliciting qualifications from firms for a development of private land in downtown Auburn. 1.2 The County must approve the RFQ prior to issuance by the City. 1.3 The RFQ must be held open for a minimum of 21 days following issuance. 2. EVALUATION OF RESPONSES 2.1 The City shall collect the qualifications. 2.2 The qualifications shall be evaluated by a selection committee comprised of two voting members appointed by the County and two voting members appointed by the City. The committee shall select a firm or firms from which to request proposals. 3. PROPOSALS 3.1 Proposals shall be requested of the firm or firms selected in 2.2 above. Requirements for the proposal will include, but not be limited to, the following: a. Be within one block of the downtown Sounder garage. b. Include at least 100 parking stalls built to the County's specifications that could be leased or otherwise acquired by the County for use by commuters during normal commute periods between 5 am and 7 pm weekdays, but which the developer may use to support its project during off -commute periods. c. Comprised of a mix of for -purchase residential and office or retail use. 3.2 The proposals shall be evaluated on a scoring system used to evaluate the proposals based on the following: a. Cost per stall b. Proximity to the downtown Sounder Garage. c. Utility for commuter use. d. Conformance with Auburn's Downtown Plans, Zoning and Standards. e. Affordability standards for for -purchase housing units of 60% of units at 120% of median income. 3.3. Proposals shall be evaluated by the same selection committee identified in Section 2.2 above. 3.4 The recommendations of the selection committee shall be referred to the Auburn City Council for approval by resolution. The City shall notify the selected respondent and, if applicable, the alternate respondent. 3.5 The County shall negotiate acquisition of the commuter parking stalls and incentives for the for -purchase mixed income housing with the selected respondent in good faith. However, the County is under no obligation to enter into an agreement with the selected respondent. 3.6 If no agreement is reached between the County and the selected respondent, the City may proceed with the proposal without County involvement, select the next most qualified respondent, reissue the RFQ or issue an RFP or decide to abandon the project. If the City decides to have the County negotiate with the alternate respondent, the County shall negotiate with the respondent in good faith with no obligation to enter into an agreement with the respondent. If the City decides to reissue the RFQ, the proposals shall be evaluated the same as the initial RFQ process. However, the selection committee shall only recommend a selected respondent to the Auburn City Council. If after good faith negotiations, the County fails to reach agreement with that respondent, the City may proceed with the proposal without County involvement or abandon the project. 4. CITY INCENTIVES 4.1 The City shall provide development incentives to the selected respondent to the extent allowed under the City's Downtown Plans, Zoning, Standards, other City code provisions and by law. 5. CITY INTENT TO PURCHASE AIRPORT SITE 5.1 The City intends to purchase a portion of the 15th Street Metro Park -and -Ride lot once the County has declared it to be surplus to its needs and upon delivery to the County of the replacement stalls by the selected developer. The County has assumed the City would purchase a portion of the 15th Street lot and a third party developer would purchase the remainder of the 15th Street lot as a necessary component of the County's agreement to invest in a TOD development in the downtown. 6. COST OF RFQ/SELECTION PROCESS 6.1. The City shall issue the RFQ, evaluate qualifications statements, evaluate proposals, and process applications to the City for permits and other project approvals at its sole cost other than the staff time of the County's representation on the selection committee 7. TIMING 7.1 The parties shall endeavor to meet the following schedule: a. Complete RFQ for County review by September 8, 2006 b. Issue RFQ by September 25, 2006 c. Deadline for Submitting RFQs by October 16, 2006. d. Select firms for more detailed proposals by October 27, 2006 e. Review proposals and make recommendations by December 31, 2006 f. Receive City Council approval by February 5, 2007 g. Complete negotiations between County and selected respondent by March 15, 2007 8. INDEMNIFICATION The County and City shall indemnify, defend, and hold the other harmless to the extent of the indemnitor's negligence as permitted under Washington law. 9. AUDITS AND INSPECTIONS The records related to matters covered by this Agreement are subject to inspection, review or audit by the County or the City at the requesting party's sole expense during the term of this agreement and three (3) years after termination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 10. DEFAULT Any failure on the part of the City or County to perform or comply with the terms of this agreement shall constitute default of this agreement. 11. TERMINATION 11.1. In the event of any default by the City, the County may immediately terminate this agreement. 11.2 In the event of any default by the County, the City may immediately terminate this agreement. 11.3 In the absence of a default, either party may initiate a process to terminate this agreement as follows: The party desiring to terminate the Interlocal Agreement shall provide fourteen (14) days written notice to the other party. If payment from the City pursuant to this agreement has been made, a prorated amount negotiated by the parties will be reimbursed to the City. 12. 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 in advance by the parties hereto. 13. ENTIRE AGREEMENT AND MODIFICATIONS This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof. It may be supplemented by written addenda or amendments, which have been agreed upon and signed by both parties. 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. 14. ADMINISTRATION OF AGREEMENT The City and County shall each appoint a representative to review compliance with this Agreement and to resolve any conflicts. The City and County, shall notify the other in writing of its designated representative. The representatives shall meet as needed to resolve conflicts. Either party is authorized to convene a meeting with a minimum of ten (10) working days of the meeting held to discuss a conflict. Should the representatives be unable to resolve a conflict, the matter shall then be referred to the Planning, Building and Community Director and the Assistant Director of the King County Depanment of Transportation, who shall strive to resolve the conflict. 15. LEGAL RELATIONS This Interlocal Agreement does not create, nor is intended to create, a joint venture between the parties hereto or a contractual relationship with, or exist for the benefit of, any third party. Neither party hereto acts, intends to act, or directs its employees, officials, or volunteers, to act as an employee or subcontractor of the other party. 16. NOTICES. Except as otherwise provided herein, required notices, except legal notices, shall be given in writing to the following respective addresses, effective as of the post -mark time and date, or to such other place as may hereafter be designated by either party in writing: If to COUNTY, to: If to CITY, to: or to such other respective addresses as either party hereto may hereafter from time to time designate in writing. Notices sent by mail shall be deemed to have been given when properly mailed. 17. ATTORNEYS' FEES If either party shall be required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other party with respect to this Agreement, and in the further event that one party shall substantially prevail in such action, the losing party shall, in addition to all other payments required therein, pay all of the prevailing party's reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney's fees in the trial court and in any appellate courts. IN WITNESS WHEREOF, the parties have executed this Agreement. King County City of Auburn King County Executive Mayor Date Approved as to Form: King County Deputy Prosecuting Attorney Date Approved as to Form: