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HomeMy WebLinkAbout2797 0 1 V RESOLUTION NO 2 7 9 7 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN 4 AMENDMENT TO THE MILL CREEK INTERLOCAL AGREEMENT BETWEEN KING 5 COUNTY AND THE CITIES OF AUBURN AND KENT EXTENDING THE DURATION OF THE INTERLOCAL AGREEMENT ONE YEAR (1) FROM THE 6 DATE OF ADOPTION 7 8 WHEREAS, pursuant to City of Auburn Resolution No 2299 g the City Council authorized execution of the Mill Creek 10 Interlocal Agreement and identified development of a Mill 11 Creek Basin Flood Control Plan as a primary objective of that 12 Agreement ; and 13 14 WHEREAS, the parties agreed to a one-year duration for 15 the 1992 Mill Creek Interlocal Agreement to cover the first 16 phase of work in the overall Mill Creek work program; and 17 WHEREAS, that one-year Mill Creek work program resulted 18 in completion in 1993 of Phase 1 of the Flood Control Plan, 19 20 which is a hydrologic and hydraulic modeling analysis and an 21 outlet benefits study; and 22 WHEREAS, the parties agreed in 1993 to an 18-month 23 extension of the Mill Creek Interlocal Agreement through 24 December 31, 1994 in order to start Phase II of the Flood 25 26 Resolution No 2797 January 6, 1997 Page 1 1 Control Plan, which is a Feasibility Analysis of flood control 2 alternatives; and 3 4 WHEREAS, City of Auburn Resolution No 2688 , authorized a 5 one-year extension of the Mill Creek Interlocal Agreement 6 through December 4 , 1996 , the major product of Phase II to be 7 a Draft Mill Creek Flood Control Plan which identifies a 8 preferred flood control project and high priority individual 9 10 project elements; and 11 WHEREAS, Phase II is currently in process and is 12 anticipated to be completed in 1997 ; and 13 WHEREAS, the parties have agreed that it is now pertinent 14 to examine the comprehensive work program for the Mill Creek 15 16 Basin Flood Control Plan and to initiate the next phase of 17 work toward development of that plan; and 18 WHEREAS, Phase III of the Mill Creek Flood Control Plan 19 will begin immediately upon completion of Phase II in 1997; 20 and 21 22 WHEREAS, pursuant to RCW 39 34 entitled the "Interlocal 23 Cooperation Act, " the parties as local governments are 24 25 26 Resolution No 2797 January 6, 1997 Page 2 1 authorized to execute agreements to permit them to make the 2 most efficient use of their powers to their mutual advantage 3 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 5 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 6 RESOLVES THAT 7 SECTION _ 1 . The Mayor and City Clerk of the City of 8 Auburn, Washington, are herewith authorized to execute an 9 10 Amendment to the Mill Creek Interlocal Agreement between King 11 County and the City of Auburn and the City of Kent extending 12 the duration of the Interlocal Agreement one (1) year from the 13 date of adoption A copy of said Amendment is attached hereto 14 and denominated as Exhibit "A" 15 16 SECTION 2 . The Mayor is hereby authorized to implement 17 such administrative procedures as may be necessary to carry 18 out the directives of this legislation 19 20 21 22 23 24 25 26 Resolution No 2797 January 6, 1997 Page 3 1 2 DATED and SIGNED this 21st of January, 1997 3 4 CITY OF AUBURN 5 6 CHARLES A BOOTH 8 MAYOR ATTEST 9 10 11 12 Robin Wohlhueter, City Clerk 13 14 15 APPROVED AS TO FORM 16 17 18 ' /4! / 19 Michael J Reynolds, City Attorney 20 21 22 23 24 25 26 Resolution No 2797 January 6, 1997 Page 4 Ring County MAR 2 4 1997 Water and Land Resources Division Department of Natural tresom t, CITY OF gU8(�pp(,1 -00 htth Avenue.Suite 22uu Ut1 N Seattle WA 98104 (!TY CLFRke OFFICE (206)296-6519 (206)296-0192}'A.\ March 21, 1997 Robin Wohlhueter, City Clerk Finance Department City of Auburn 25 West Main Street Auburn, WA 98001-4998 RE. 1997 Amendment to the 1992 Mill Creek Interlocal Agreement Dear Ms. Wohlhueter Enclosed please find an original copy of the above-referenced agreement, to be kept on file at the City of Auburn. Please feel free to contact me at 296-8373 if you have any questions. Sincerely,Al i^ Jim Sussex Program Coordinator Green River Basin Program JS:acJ52 Enclosure cc: Frank Currie, Director, Department of Public Works, City of Auburn ATTN Dennis Dowdy, City Engineer Dwight Holobaugh, Utilities Engineer Tim Carlaw, Storm Drainage Engineer Dave Clark, Manager, Rivers Section ATTN. Andy Levesque, Senior Engineer Terry Butler, Earth Scientist ORIGINAL AMENDMENT TO THE MILL CREEK INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITIES OF AUBURN AND KENT EXTENDING THE DURATION OF THE INTERLOCAL AGREEMENT ONE YEAR FROM THE DATE OF ADOPTION This amendment extends the duration of the Mill Creek Interlocal Agreement, originally adopted on June 30, 1992 by King County and the Cities of Auburn and Kent (hereinafter referred to as the PARTIES), by one year The work program and budget associated with the additional work are set forth in Attachments A and B hereto All changes to the existing agreement are contained in this amendment; elements of the original agreement which are not addressed in this amendment remain as stated in the original document. WHEREAS, on June 30 1992 the PARTIES adopted the Mill Creek Interlocal Agreement and identified development of a Mill Creek Flood Control Plan as a primary objective of that agreement; and WHEREAS, the PARTIES agreed to a one-year duration for the 1992 Mill Creek Interlocal Agreement to cover the first phase of work in the overall Mill Creek work program; and WHEREAS, that one-year Mill Creek work program resulted in completion in 1993 of Phase I of the Flood Control Plan, which is a hydrologic and hydraulic modeling analysis and an outlet benefits study; and WHEREAS, the PARTIES agreed in 1993 to an 18-month extension of the Mill Creek Interlocal Agreement through December 31, 1994 in order to start Phase II of the Flood Control Plan, which is a Feasibility Analysis of flood control alternatives; and WHEREAS, Phase II is currently in progress and is anticipated to be completed in 1997, and WHEREAS, the major product of Phase II will be a Draft Mill Creek Flood Control Plan which identifies a preferred flood control project and high priority individual project elements; and WHEREAS, Phase II work will include an investigation and report on potential financing mechanisms and a recommended organizational structure to complete the preparation of the Flood Control Plan and to implement specific flood control projects and the overall Flood Control Plan, and WHEREAS, Phase III of the Mill Creek Flood Control Plan will use the results of Phase II to conduct environmental review of the Draft Flood Control Plan and revise the Draft to a Final; and Exhibit "A" - Resolution No 2797 -1- Adopted 1/21/97 WHEREAS, it is desired that the costs of Phase III work and the implementation of specific flood control projects and the overall Flood Control Plan be borne among the PARTIES commensurate with the benefits; and WHEREAS, although the costs to each of the PARTIES for completing Phases I and II have been and will be shared equally, it is assumed that a non-equal and equitable cost-sharing arrangement among the PARTIES will be negotiated at the completion of Phase II and before the initiation of Phase III during 1997; and WHEREAS, any work subsequent to 1996 toward completion of a Mill Creek Flood Control Plan and its eventual implementation in this basin cannot be initiated without an extension of the interlocal agreement or negotiation of a new interlocal agreement to outline a scope of work and cost-share arrangements; and WHEREAS, the PARTIES have agreed that it is now pertinent to examine the work program for the Mill Creek Flood Control Plan and to continue work toward development of that plan, and WHEREAS, major work products, such as a Draft Mill Creek Flood Control Plan, will be brought to the Green River Basin Technical Committee for its review during the term of this interlocal agreement extension. NOW, THEREFORE, the PARTIES mutually agree to the following amendments to the interlocal agreement: Work Program, Budget, and Schedule The PARTIES approve the work program, budget, and schedule attached as Attachment A hereto and agree to secure adequate funding to provide an equal one-third share of all necessary Phase II Mill Creek work, as part of their jurisdiction's annual budget process. The PARTIES agree, prior to the start of Phase HI, to negotiate an equitable cost-sharing arrangement to conduct Phase HI work in 1997 based on the results of Phase II. The PARTIES agree, prior to the start of Phase III, to update the work program, budget, and schedule (shown as DRAFT in Attachment B) for Phase III work in 1997 to reflect the negotiated equitable cost-sharing arrangement. Amendment or Termination This agreement may be amended, altered, clarified or extended only by the expressed agreement of all parties to the agreement pursuant to notification of each parties' legislative or executive branch as required by each signatory to this agreement. Amendments to this agreement will address work programs, schedules, and budgeting and will be attached to and incorporated herein as necessary The next amendment to the Interlocal Exhibit "A" - Resolution No 2797 -2- Adopted 1/21/97 Agreement is anticipated to be negotiated in late 1997 for continuation of work into 1998 and beyond. All amendments will be reviewed by the Green River Basin Technical Committee prior to the expiration of the existing agreement. This agreement may be terminated by any of the PARTIES upon ninety days written notice. In the event of termination, the PARTIES are each responsible for their one-third share of all costs incurred up to the effective date of termination. Duration The duration of this agreement shall be one year from the amended date of adoption, to expire no later than December 31, 1997 This duration is effective provided that the annual work programs and budgets are approved in accordance with Sections 2 and 6 of the original agreement. Exhibit "A" - Resolution No 2797 -3- Adopted 1/21/97 Effectiveness This agreement shall become effective upon signature by all PARTIES to the agreement. Approved As To Form. King County Prosecuting Attorney King County Executive Date: Attest By - l�\ 'Hi k City Attorney, City of Auburn Mayor, City of Auburn Date: 1 1 Q IG-1- Attest By �`— elt / c City attorney, City of Kent M ir, City of Kent Date: "/L1 L ' / ttest By TB:acJ30 96-4 Exhibit "A" - Resolution No 2797 -4- Adopted 1/21/97 "ATTACHMENT A" MILL CREEK BASIN INTERLOCAL AGREEMENT EXTENSION (JAN 1, 1997-DEC 31,1997) BUDGET AND WORK PROGRAM, MILL CREEK BASIN FLOOD CONTROL PLAN for COMPLETION OF PHASE II ONLY BUDGET ITEM Staff Salaries and Benefits 41,265 Supervisory and Support Services 11,470 Consulting Services (a) 121,295 Supplies/miscellaneous 7,326 1997 PHASE II TOTAL. $ 181,356 One third of 1997 Phase II Total (b): $ 60,452 apiece NOTES (a) Estimated 1997 Phase II consulting costs are detailed below (b) Phase II costs will be shared by King County and the Cities of Auburn and Kent($ 60,452) apiece. WORK PROGRAM ESTIMATED TASK DESCRIPTION WORK PRODUCTS COST CONSULTING SERVICES COMPLETE PHASE II. - Revise Draft Flood Control -Completed Draft Flood Control Plan No new costs Alternatives Report -Approximate modeling of -Determine effectiveness and benefits of 5,575 Alternative E Alternative E - Investigate and describe financing -Recommended funding mechanism(s) 101,320 options and associated organization and organizational structure for Flood structures to implement the Flood Control Plan implementation Control Plan -Field investigations and survey in - Confirmed elevations of hydraulic 14,400 winter 1997 conditions controls and extent of saturated areas 1997 PHASE II CONSULTING COSTS _ $ 121,295 KING COUNTY STAFF Salaries and Benefits -Project Management: Flood Control Plan 26,765 -Manage Phase II Consultant Contract - Participate in Mill Creek SAMP process - Respond to requests - Monitor water surface elevations 14,500 STAFF COSTS for 1997 PHASE II. $ 41,265 TB:acJmi42 96-4 Exhibit "A" - Resolution No 2797 Adopted 1/21/97 •"" DRAFT `x* "ATTACHMENT B" MILL CREEK BASIN INTERLOCAL AGREEMENT EXTENSION (JAN 1, 1997-DEC 31,1997) DRAFT BUDGET AND WORK PROGRAM,MILL CREEK BASIN FLOOD CONTROL PLAN for INITIATION OF PHASE III • BUDGET ITEM Staff Salaries and Benefits 26,530 Supervisory and Support Services 11,470 Consulting Services (a) 105,349 Supplies/miscellaneous 7,326 ESTIMATED 1997 Phase III TOTAL $ 150,910 Cost-share of 1997 Phase III Total (b): to be negotiated Maximum Grand Total for 1997 (c): $322,266 NOTES. (a) Estimated 1997 Phase III consulting costs are detailed below (b)Phase III costs during 1997 will be shared according to a percent breakdown to be negotiated by July 1, 1997, and based on the results of the Phase which II financial analysis. (c) The maximum Mill Creek budget for 1997 shall not exceed a total of$322,266, is a continuation budget from previous years. This maximum grand total is a sum of the 1997 Phase II total in Attachment A ($181,356) and the estimated 1997 Phase III total in Draft Attachment B ($ 150,910). PROGRAM ESTIMATED TASK DESCRIPTION WORK PRODUCTS COST CONSULTING SERVICES INITIATE PHASE III. -Environmental Review of -Environmental documents in process 90,349 Draft Flood Control Plan -Finalize Flood Control Plan -Final Mill Creek Flood Control Plan 15,000 1997 PHASE III ESTIMATED CONSULTING COSTS $ 105,349 KING COUNTY STAFF Salaries and Benefits -Project Management: Flood Control Plan - Manage Phase III Consultant Contract -Participate m Mill Creek SAMP process -Respond to requests STAFF COSTS for 1997 PHASE III. $ 26,765 TB:acJ43 96-4 Exhibit "A" - Resolution No. 2797 Adopted 1/21/97 CHART FS A. BOOTH. AMOR �, �t? a';� .. ,,.. AUBURN CITY CLERK `tpz, " "' ° West Main, Auburn,WA 95001 Rohm Wohlhueler,Cm,Clerk r�4s`+€'- Dam Daskam,Deputy Citl,Clerk o� > +As. City Clerk.(206)931 3039 Tamie Bothell, Records/License Clerk — /Business Registration:(206)931 3007 Fax (206)931 3053 h7nW� January 22, 1997 Mr Bill Wolinski, Environmental Engineering Supervisor City of Kent Public Works Department 220 Fourth Avenue South Kent, WA 98032 Re: Mill Creek Interlocal Agreement Extension Dear Mr Wolinski: The City of Auburn adopted Resolution No. 2797 at its January 21, 1997 regular meeting authorizing an Amendment to the Mill Creek Interlocal Agreement between King County and the cities of Auburn and Kent originally adopted on June 30, 1992. The amendment extends the duration of the Interlocal Agreement to expire no later than December 31 1997 Enclosed are three originals identified as Amendment to the Mill Creek Interlocal Agreement Between King County and the Cities of Auburn and Kent Extending The Duration Of the Interlocal Agreement One Year From the Date of Adoption It is our understanding the City of Kent will transmit three original Amendment Agreements to Jim Sussex, King County Water and Land Resource Division, 700 5th Avenue, Suite 2200 Seattle, WA 98104 once they have been signed by the City of Kent By way of this letter a copy of Auburn's Resolution No. 2797 is transmitted to Jim Sussex. Should you have any questions or comments please call Jim Sussex, King County Water and Land Resource Division, at 296-8373. Sincerely, Charles A. Booth Mayor cc: Mr Jim Sussex King County Water and Land Resource Division 700 5th Avenue, Suite 2200 Seattle, Wa 98104 Dwight Holobaugh, Utilities Engineer CITY OF AUBURN AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No 2797 Date: 1/8/97 Department: Attachments: Budget Impact: Public Works Agreement $107,422.00 Administrative Recommendation: Introduce and approve Resolution No. 2797 Background Summary Resolution No. 2797 authorizes the Mayor and City Clerk to execute an amendment to the Mill Creek Interlocal Agreement between King Count and the cities of Auburn and Kent extending the duration for one year from the date of adoption. This is funded by the Sanitary Storm Utility The City of Auburn cost share is the same in 1997 as is was in 1996. 1 r - S i h'vh:< « 5 kii �C��ti' tali • rdu�i ,� // � l i l// 0c°��2 7 . ,,,,�y r Aim ;f / made ✓ t�-I W0121-5 PW/C a c% [ L 11) v ti Reviewed by Council Committees & Commissions. Reviewed by Departments & Divisia V -- Arts Commission COUNCIL COMMITTEES. __ Airport -- M80 _ Hearing Examin. _ Finance _ Building _ Mayor _ Human Resources Municipal Services __ Cemetery __ Parks _ Library Board _ Planning 8 CD __ Finance -- Personnel -- Park Board Public Works Fire _ Planning -- Planning Comm. Legal Police Other -, Library Public Works Approved _ Call for Hearing _/_/_ Referred to Until _/_/_ Committee Approval Yes No Tabled Until / / Councilmember Wagner Staff: Currie Meeting Date: 1/13/97 Item Number Page: 1 (MY op CHARLES A.BOOTH;MAYOR I"1 AUBURN CITY CLERK Robin Wohlhueter,City Clerk �`� 25 West Main, Auburn,WA 98001 Dam Daskam,Deputy City Clerk 1V l;i i l City Clerk:(2036)931 3039 Tame Bothell, Records/License Clerk Business Registration:(206)931-3007 Fax:(206)931-3053 )Itl0, STATE OF WASHINGTON) ss. COUNTY OF KING I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2797 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2797 " I certify that said Resolution No. 2797 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 21st day of January, 1997 Witness'my^'hand and the seal of the City of Auburn this 26th day of March, 1997 Robin Wohlhueter City Clerk City of Auburn