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Home My WebLink AboutPW08-115 - Amendment - S - King County - Conservation Futures: OpenSpace Acquision Projects - 05/17/2019 �.fENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: King County Vendor Number (JDE): Contract Number (City Clerk): _'A Category: -Interlocal Agreement Sub-Category (if applicable): Amendment Project Name: Amendment S to King County Conservation Futures ILA Contract Execution Date: April 2019 Termination Date: N/A Lynn Osborn/BH Parks Contract Manager: Department: None Contract Amount: Budgeted: ❑✓ Grant? Part of NEW Budget: ❑ Local: ❑ State: ❑✓ Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: ❑ Director ❑ Mayor ✓❑ City Council Other Details: Amendment S to the Conservation Futures Fund, appropriating $1 ,479,000 toward the purchase of a McSorley Creek Wetland parcel by PW, the Lannoye property and the Ransom property by Parks. AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County and certain cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF KENT and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 29th day of January, 1991, as previously amended. The parties agree to the following amendments: Amendment 1: Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for Conservation Futures Levy proceeds allocations for the McSorley Creek Wetland, Clark Lake, and Upper Mill Creek Canyon projects, and hereafter reads: • On November 6, 2017, the King County Council passed Ordinance 18602 which appropriated a total of thirty-four thousand dollars ($34,000) in 2018 Conservation Futures Levy proceeds to the City of Kent for the McSorley Creek Wetland project. • On November 6, 2017, the King County Council passed Ordinance 18602 which appropriated a total of one million dollars ($1,000,000) in 2018 Conservation Futures Levy proceeds to the City of Kent for the Clark Lake project. • On July 9, 2018, the King County Council passed Ordinance 18766, which adopted a scope change for the Clark Lake Park project. • On November 13, 2018, the King County Council passed Ordinance 18835, which appropriated a total of four hundred and forty-five thousand dollars ($445,000) in 2019 Conservation Futures Levy proceeds to the City of Kent for the Upper Mill Creek Canyon project. • In accordance with Section 8.2, the executive or designee is authorized to execute this Amendment. Amendment S Kent-King County CFT ILA: 2018 and 2019 Awards 1 Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include the Exhibit 1 attached to this Amendment, which lists 2018 and 2019 Conservation Futures Levy proceeds allocations for the McSorley Creek Wetland, Clark Lake, and Upper Mill Creek Canyon projects. Amendment 3: Exhibit 1 The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached hereto. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. Once fully executed, this Amendment shall be incorporated into the existing Interlocal Cooperation Agreement as if fully set forth, and shall become Amendment S. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF KENT Do Constantine D a n a Ra I p h King County Executive Mayor l , Date: �h7bdli Date: `� I Approved as to form: Approved as to form: L\. v\ Dan Satt •berg King County Prosecuting Attorney i t eyy i Amendment S Kent-King County CFT ILA: 2018 and 2019 Awards 2 EXHIBIT 1 2018 AND 2019 CONSERVATION FUTURES LEVY PROCEEDS CITY OF KENT ALLOCATIONS Jurisdiction Project Name (Project Number) Allocation Kent McSorley Creek Wetland (1132070)—FY 2019 $34,000 Allocation Kent Clark Lake (1126727)—FY 2018 Allocation $1,000,000 Kent Upper Mill Creek Canyon (1133803)—FY 2019 $445,000 Allocation TOTAL $1,479,000 Project Descriptions: 1132070—Kent—McSorley Creek Wetland($34,000) FY 2018 Allocation, Ordinance 18602 Acquire inholding in a large forested wetland along McSorley Creek, within the city of Kent. Kent has been acquiring property within this wetland to prevent development and allow for restoration. This area is where McSorley Creek emerges as a stream from running subsurface beneath developments south of S. 272nd Street. McSorley Creek travels through the target 2.34-acre parcel and runs downstream to Saltwater State Park where it flows into Puget Sound. 1126727—Kent—Clark Lake Park Expansion ($1,000,000) FY 2018 Allocation, Ordinance 18602 This project has spanned multiple years, targeting inholders at Kent's Clark Lake Park. This is Kent's largest park, serving Kent and south King County with variety of habitats including lake, wetland, meadow, and forests, with trails and a dock viewpoint into the lake. The project has sought to acquire additional parcels to prevent additional development, allow additional habitat protection and passive public access. 2018 fiscal year: The targeted properties for 2018 funding represent the last large inholdings on the lake, 17.3 acres that contain three parcels and extend into the lake. Acquisition will prevent additional development, protect the viewshed of the lake, and allow for trails that circulate the lake. These are long sought-after acquisitions, and the landowner has re-engaged the city on discussions. This may be a multi-year request which will leverage City of Kent and perhaps state RCO funding. Amendment S Kent-King County CFT ILA: 2018 and 2019 Awards 3 1126727 Kent— Clark Lake Park Expansion ($0 Scope Change) Scope Change, Ordinance 18766 Mid-Year 2018: Kent is shifting focus to three secondary targets in the scope,to purchase three parcels from Kent Public Works as they are surplus to Public Works' needs (parcels 212205-9099, -9122, and -9177). 1133803 -Kent— Upper Mill Creek Canyon ($445,000) FY 2019 Allocation, Ordinance 18835 Kent seeks CFT funding reimbursement for the 3-acre parcel 292205-9211, adding to 107-acre Mill Creek Earthworks Park. This acquisition satisfies a long-term park development goal to create a southern trailhead and entry point the park. The park links Kent's East Hill neighborhood to Kent's downtown. In the north end of the park there is a renowned landscape Earthworks sculpture (the city's first designated landmark). A 1.5- mile long trail will lead down the length of the canyon from this parcel to the Earthworks. The acquisition preserves mature second-growth forest, adding to wildlife habitat and forest canopy already protected in Mill Creek Earthworks Park. The parcel could have been subdivided into 13 home sites. The parcel is located within 70 feet of Mill Creek. Preservation of the forest and future restoration supports the aquatic health of the upper reaches of this salmon-bearing stream. The property has been acquired this spring by Kent, and City of Kent CIP funds provide the match to CFT. Kent may choose to exclude a small square footage of the property from CFT restrictions for more intensive development than typically allowed under CFT. That determination will be made prior to CFT funding reimbursement in 2019. Amendment S Kent-King County CFT ILA: 2018 and 2019 Awards 4 LQ King County Water and Land Resources Division Department of Natural Resources and Parks King Street Center 201 South Jackson Street, Suite 600 Seattle, WA 98104-3855 206-477-4800 Fax 206-296-0192 TTY Relay: 711 June 18, 2019 Ms. Lynn Osborne 220 Fourth Avenue South Kent, WA 98032 Re: Kent Conservation Futures Interlocal Agreement—Amendment S Dear Lynn: Enclosed for your permanent records is an original signed Conservation Futures Interlocal Cooperation Agreement ("ILA")Amendment"S" for the CFT funding allocation to McSorley Creek Wetland, Clark Lake, and Upper Mill Creek Canyon proj ects. King County has retained an original copy of this amendment. Instead of recording these documents as we have done in the past, we now are posting them to our website: go to www.kingcoiLty.gov/CFT, and see the sidebar labeled"CFT interlocal agreements" (full address: http://www.kin coi nty.gov/services/environment/stewardship/conservation- futures/cft-interlocal-agreements.aspx) The City of Snoqualmie may seek reimbursement of these Conservation Futures funds once project is completed. Please feel free to contact me with questions (Ingrid.Lundinnkin cg_ounty.gov or 206- 471-4578). Sincerely, Ingrid Lundin Conservation Futures Program Coordinator Enclosure 8.1 KENT DATE: April 2, 2019 TO: Kent City Council SUBJECT: Amendment "S" to King County Conservation Futures Interlocal Agreement - Authorize MOTION: Authorize the Mayor to sign Amendment "S" to the 1991 Conversation Futures Interlocal Agreement with King County, which allocates additional grant funds in the amount of $1,479,000. to Kent for property acquisition projects, and authorize the Mayor to sign all documents that may be required to impose use restrictions on the properties consistent with grant conditions, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: On November 6, 2017, the King County Council passed Ordinance 18602, which appropriated a total of $1,000,000 in Conservation Futures levy proceeds to the City of Kent for the acquisition by the Parks Department of the three Ruth property parcels at Clark Lake totaling 17.3 acres. The same Ordinance appropriated a total of $34,000 for the acquisition by the Public Works Department of a 2.34-acre parcel at the McSorley Creek Wetland. On July 9, 2018, the King County Council passed Ordinance 18766, which adopted a change in scope to the Clark Lake project allowing the funds appropriated under Ordinance 18602 to be used toward the purchase of the three adjacent Lannoye property parcels instead of the Ruth property. These parcels will be purchased from the Kent Public Works Department, which acquired the parcels in 2011. On November 13, 2018, the King County Council passed Ordinance 18835, which appropriated a total of $445,000 in Conservation Futures levy proceeds to the City of Kent for the acquisition by the Parks Department of the 3-acre Ransom property in the Upper Mill Creek Canyon. Incorporation of this Amendment "S" into the Interlocal Agreement enables the City of Kent to apply for and receive the appropriated funds allocated to the specified projects. Declarations of Restrictive Covenants impose on the properties open space use restrictions and restrictions on alienation, as specified in RCW 84.34.200 and King County Code 26.12.005. Packet Pg. 225 8.1 BUDGET IMPACT: Revenue and expense impacts to the Parks Land Acquisition budget and the Drainage Fund SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure ATTACHMENTS: 1. Amendment S to Interlocal Agreement(PDF) 2. Declaration of Restrictive Covenants (PDF) 3. King County Ordinance 18602 (PDF) 4. King County Ordinance 18766 (PDF) 5. 1991 Interlocal Agreement (PDF) 03/21/19 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 4/2/2019 7:00 PM MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 226