HomeMy WebLinkAbout4841 RESOLUTION NO. 4 8 4 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN AN AMENDMENT TO THE 1998
INTERLOCAL AGREEMENT WITH THE PORT OF SEATTLE
RELATED TO WETLAND MITIGATION
WHEREAS, Ordinance No. 5029 authorized the City to enter into an
Interlocal Agreement with the Port of Seattle for the Port of Seattle's
development of an approximately 69-acre site located in northeast Auburn for the
purpose of wetland mitigation for impacts associated with the third runway project
at SeaTac Airport; and,
WHEREAS, this 1998 Interlocal Agreement did not clearly address the
issue of floodplain storage created as a result of the excavation of existing site
soil associated with the wetland mitigation construction and what party had use
of this floodplain storage capacity; and,
WHEREAS, the parties wish to clarify the intent with this Amendment,
which has been developed in conjunction with the Port of Seattle, and has been
reviewed by staff of the Legal, Public Works and Planning Departments of the
City
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1 The Mayor and City Clerk are hereby authorized to sign the
Amendment to the 1998 Agreement, in substantially the same form as at Exhibit
A. attached hereto, incorporated herein by this reference.
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RESOLUTION NO 4841
July 11 2012
Page 1 of 2
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3 Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law
Dated and Signed this NLP day F-S-�, 2012.
ATTEST PE ER EWIS, MAYOR
�a. fz"A-J
Danielle E. Daskam, City Clerk
APP OV AS TO FO
aniel B He ity Attorne
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RESOLUTION NO 4841
July 11 2012
Page 2 of 2
1sT Amendment To
Interlocal Agreement Between City of Auburn and Port of Seattle Regarding
Wetlands Construction,Infrastructure Improvements,and Property Transfer
THIS 1ST AMENDMENT TO an INTERLOCAL AGREEMENT dated March 18,
1998, is made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the
Revised Code of Washington,on the day of 2012,by
and between the CITY OF AUBURN, a municipal corpora&n of the State of Washington"City"),
and the PORT OF SEATTLE,a municipal corporation of the State of Washington(-`Port").
WITNESSETH:
WHEREAS, the Parties entered into an Interlocal Agreement on March 18, 1998
("Agreement') for the purpose of addressing the Port's conversion of the property owned by the
Port ("Property') and identified in the City's comprehensive plan for residential development to
uses that would not be residentially developed and would not share in the extension of public
infrastructure since the property was proposed as mitigation for the filling of certain wetlands at the
Seattle-Tacoma International Airport; and,
WHEREAS,the Property was specifically constructed by the Port for Wetland Mitigation
purposes. In response to learning of the Port's plans,the City requested and the Port agreed to
construct the wetland mitigation deeper in order to create additional flood storage that could benefit
the City and other properties in the area as a way to partially compensate the City for the loss of
development potential of the site and lost opportunity for financial participation in the future
extension of roads and utilities,which is typically a requirement of development;but not applicable
to wetland mitigation construction;and
WHEREAS,In 2003,the Parties had several additional issues to address including right-of-
way alignment,utilities,and flood plain capacity control. It was agreed to by the Parties not to
finish the negotiation at that time as it would have delayed City permits being issued for the Port's
construction of the wetlands that were required in order to advertise the project. A delay in
advertising could have caused a one to three year delay in the project and would have caused
problems with the third runway development at the Seattle-Tacoma International Airport.
Subsequently the issues relating to rights-of-way and utilities were handled outside of the Inter-local
agreement. The remaining issue,flood plain capacity,is the subject of this Amendment to the
Interlocal Agreement.
WHEREAS, in addition to creating additional flood storage capacity on the Property,the
Port paid Auburn $442,000 specifically for lost development potential of the Property and
specifically the lost opportunity for financial participation in the future extension of roads and
utilities and$180,000 for lost storm and sanitary sewer system development charges; and,
WHEREAS, the City agreed to, and did, defer use of the flood storage capacity during the
period of initial establishment of the wetland mitigation to avoid adverse impacts due to potential
changes in hydrology from use of the floodplain;and
Port of Seattle-City of Auburn
Amendment 1 to Interlocal for Wetlands,etc.
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WHEREAS, as part of the Agreement, the Parties intended that the City have control over
use of new flood storage capacity that was created on the Property to mitigate floodplain filling by
the City or other private development designated by the City; and,
WHEREAS, the Agreement did not specifically reflect the Parties' intent regarding control
of the new flood storage capacity, and the Parties wish to clarify that intent through this
Amendment.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
1. Section 6 of the Agreement is hereby amended by designating the existing Section as
Subsection 6.1 "Floodplain Change"and by adding a new Subsection 6.2"Control of Created Flood
Storage Capacity"to read as follows:
6.2 Control of Created Flood Storage Capacity
1. As a result of the Port's construction of wetlands, floodplain volume was created on the
Property as indicated in the Federal Emergency Management Agency Conditional Letter of
Map Revision application ( FEMA CLOMR) prepared for the City by Parametrix, dated
July 2007 and as may be subsequently amended. (Attached as Exhibit A and incorporated
herein). This CLOMR application is based on the 1995 FEMA Flood Insurance Rate Maps
currently in effect at the date of this 1s` Amendment. The parties acknowledge that FEMA
has not approved the CLOMR, and that FEMA's failure to do so may affect the ability of
either party to use the flood storage capacity created by the Port's construction of wetlands.
2. The Port has the right to use 17%of the created flood storage capacity (11.2 acre feet based
on the 2007 CLOMR application) to mitigate potential future floodplain filling on Port
owned parcels 000420-0006, 936060-0258, and 936060-0260. In the event that the FEMA
does not approve the CLOMR,or if Flood Insurance Rate Maps are revised in the future and
prior to fully completing the process for use of the flood storage capacity, the Port has the
right to use the same proportionate share (17%) of any available flood storage capacity In
the event that the Port or its successors in interest use this flood storage capacity, the City
will expedite the processing of all required City permits at no cost for the expedited review
to the Port or to its successors in interest. City standard application fees will apply In
addition, the City will cooperate in the processing of any required floodplain map revisions
for the Property,but shall not,by this agreement,be responsible for any costs in excess of its
usual costs
3. The City has the right to control the use of any remaining flood storage capacity, in excess
of the Port's, proportionate percentage of flood storage capacity existing on the Property,
including but not limited to, the right to allow private parties to use part or all of the
capacity The Parties agree to cooperate to execute any documents necessary to effectuate
the intent of the Agreement and this Amendment.
4 The Parties agree that, because they originally intended for the City to have control of
Port of Seattle-City of Auburn
Amendment 1 to interlocal for Wetlands,etc.
Page 2 of 3
assigning use of the newly created flood storage capacity, the consideration exchanged for
the original Agreement was sufficient for that purpose,therefore no additional consideration
is due from the City to the Port for the execution of this 1 n Amendment.
5. The City also agrees to use the flood storage capacity in its current constructed form for the
purpose of mitigating future floodplain filling. No site alteration is proposed for the City's
use unless such alteration is agreed to in writing by the Port. Neither party makes any
representations or guarantees concerning the flood storage volumes that may be available
on the Property, nor does either party bear any responsibility to alter the Property to
create additional flood capacity
6. The Port declares the excess created flood storage capacity in the Property described in this
1'.Amendment to be surplus for Port purposes.
IN WITNESS WHEREOF the Parties hereto have executed this Amendment to the Agreement as
of the day and year first above written.
PORT OF SEATTLE C �
Ta oshitani Peter B. Lewis
hief Executive Officer Mayor
Port of Seattle City of Auburn
Attest:
k ,6�
Danielle Daskam City Clerk
Approved as to Form:
24 W-/
Daniel B. Reid,City Attorney
Port of Seattle-City of Auburn
Amendriment 1 to Interlocal for Wetlands,etc.
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