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HomeMy WebLinkAbout1949RESOLUTION NO.rq{q A RESOLUTION of the city council of the city of Kent, Washington, approving considerationfor sale of a poftion of the City's Morrill Meadows/East Hill Park for development of a new YMCA facility; declaring the property to be surplusin order to facilitate the YMCA improvements; approving the removal, to the extent necessary, of restrictive covenants or other real property restrictions related to preservation of portions of the property for outdoor recreation and open space purposes, subject to any necessary approval of the state Recreation and Conservation Office and King County Department of Natural Resources and Parks; and authorizing the Mayor to take all appropriate actions consistent with this resolution. RECITALS A, Pursuant to RCW 35A.11.010, the City is authorized to dispose of real property for the common benefit. B. Approximately three years ago, representatives of the YMCA of Greater Seattle approached CÍty representatives with a conceptual proposal to construct a YMCA facility in Kent. C. The City and the YMCA agreed that a new YMCA facility would provide a significant benefit to the community and eventually agreed that the best location would be to develop the facility within the easterly portion of the City's Morrill Meadows/East Hill Park. D. On October 23, 20L5, the City and the YMCA entered into a Memorandum of Agreement that outlined the general principles to be 1 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance and Removal of Restrictive Covenants employed between the parties to begin the joint development of the new YMCA facility. E. The current project proposal includes construction of an approximately 50,000 square foot building with a swimming pool larger than the YMCA's standard for a community facility of this size, as well as options for facility use that will bring particularized benefit to Kent residents. Under the proposal, the City would convey to the YMCA by deed the necessary property to construct the facility. However, the scope of the project, details of the property's ownership and reversionary issues, and construction responsibilities are subject to continued negotiations. F. Pursuant to the City's surplus property process, the city council determined on June 6, 20t7, to start considering whether the City should surplus the property needed for the YMCA project. In accord with Chapter 3.L2 of the Kent City Code, the City published timely notice to the public, posted notice as required by the ordinance, and mailed notice to nearby property owners that the City would be considering whether to surplus the property upon which the YMCA facility is proposed to be constructed. Because the City entered into the Memorandum of Agreement with the YMCA before the city council enacted Chapter 3.I2 of the City code, details of the proposed transfer to the YMCA are more advanced than would normally occur under the City's surplus provisions, and accordingly, those details are provided in this resolution. G. On July 23, 2OL7, House Bill 1959, the "land covenant preservation and transparency act," took effect, which is codified in part in RCW 35A,2I.4L0. This act requires that, when a local government agency intends to remove a restrictive covenant from real property, it should be through an open process subject to a public hearing. H, Portions of the property that will be used for the YMCA facility and the adjoining parking area were purchased through grants from the state 2 Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance and Removal of Restrictive Covenants Recreation and Conservation Office (RCO), and funds acquired through King County's 1989 Open Space Bond Program, as supplemented by King County's Conservation Futures Program. A condition of the RCO grants was that the property would be used only for outdoor recreation, and a condition of the King County funds was that the propefty would be maintained as open space. However, both programs anticipate that community needs change over time, and they contemplate and allow for negotiated conversion and replacement by funding recipients. Because the YMCA facility and the parking area that will serve it will be used for indoor recreation, the RCO grant restriction will have to be removed. Additionally, because a portion of the property acquired with King County open space/conservation futures funds will need to be transferred to the YMCA for it to construct its building, the King County open space restriction will also have to be removed from that property. L In order to remove the RCO restriction, the City will have to obtain property of equal outdoor recreational value to replace the area being removed from outdoor recreation use, all subject to the RCO's prior approval. The City and the RCO have commenced the process to locate suitable replacement property. As for Kíng County's open space restriction, the City will continue its work with King County to determine to what extent additional replacement property may be necessary, However, the end result in both instances is that once the negotiated conversion process is accomplished, there will be no net loss of open space or outdoor recreational use and value in the City. J. On August 18, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non-Significance for the surplus property proposal. K. Having complied with the procedures and provisions of the Kent City Code relating to consideration of City-owned property for surplus, and having complied with the public hearing requirements of the land covenant preservation and transparency act, the city council has determined that it is 3 Resolution Morrill Meadows/East Hill Park Propefty YMCA Conveyance and Removal of Restrictive Covenants appropriate and timely to surplus those portions of Morrill Meadows/East Hill Park needed to support the construction of the new YMCA facility. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 7. Recitals Incorporated. The foregoing recitals are incorporated into the body of this resolution and constitute the findings of the Kent City Council on this matter. SECTION 2, * Public's Best Interest. It is in the public's best interest that the portions of the Morrill Meadow/East Hill Park be converted by sale or lease to use by the YMCA of Greater Seattle for a new community recreation facility. SECTION 3. - Propertv Deemed Surplus. To fulfill the public meeting requirement for surplus property under Chapter 3.L2 of the Kent City Code, a public hearing was held on October L7, 2OI7, at a regular meeting of the Kent City Council. After due consideration, the property upon which the YMCA building will be located, and which will be transferred by deed to the YMCA subject to any negotiated reversionary provision, is declared surplus property, For illustration purposes, this surplus property is generally bordered in red on the attached and incorporated Exhibit A. The city council makes this surplus determination in order to allow for the future transfer of the property to the YMCA and to gain the recreational value to be received by that transfer. The Mayor is authorized to take all appropriate acts to fulfill the decisions made by this resolution, but any final joint development agreement, sale, or lease of the property must first be approved by the city council. SECTION 4. - Land Covenant Preservation and Transparency Act. A public hearing was held on October L7, 2OL7, at a regular meeting of the Kent City Council to receive testimony on the subject of removing grant and 4 Resolution Morrill Meadows/East Hill Park Propefty YMCA Conveyance and Removal of Restrictive Covenants deed requirements that restrict portions of the propefty for open space and outdoor recreational use, because after project completion, the YMCA building and certain related areas will be used for, or in support of, indoor recreation. After due consideration, Council requests the Mayor continue to work with the state Recreation and Conservation Office and King County to remove any covenant that limits use of the areas outlined in blue (RCO) and green (King County) on the attached and incorporated Exhibit B for open space or outdoor recreation purposes. The Mayor is authorized to take all appropriate acts to fulfill the decisions made by this resolution, but any final agreement to purchase necessary replacement property must first be approved by the city cou ncil. SECTION 5, - Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 6. - Corrections bv Citv Clerk Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 7. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the City of Kent, Washington, this l1 ft¿ay or Ù-Iobe(, 20t7. ?^ CONCURRED in by the Mayor of the City of Kent this ll day of ùjro\oetr COOKE, MAYOR Resolution Morrill Meadows/East Hill Park Propefty 20L7. YMCA Conveyance and Removal of Restríctive Covenants ATTEST: 0 KIMBERLEY A OTO, CITY CLERK APPROVED AS TO FO BRUBAKER, CITY ATTORNEY P:\C¡v¡l\Resolution\Ylø-sùrÞlusProÞêtRést¡cllvêCoven.nRêmov.fMor¡llüeådows-101717.doq 6 Resolution Morrill Meadows/East Hill Park Propefty YMCA Conveyance and Removal of Restrictive Covenants EXHIBIT A _i \ .ñrm s I\/t ._- ---, u' 'll lr':(a;;, I _li2{:f $'1 ._ \: , --' YMCA FAC¡LITY - Surplus Footprint I Polenliql Sole 7 Exhibit A to Resolution Morríll Meadows/East Hill Park Property YMCA Conveyance and Removal of Restrictive Covenants EXHIBTT B -f'.:11 \-'¡ \ r r r r ¡ RCO Conversion Areo (Removolof Restricted Covenonl) I Porcels NOT purchosed with RCO funds. (Not subjecl to RCo Conversion) f King Counly (Open Spoce Bonds / Conservolion Futures) Areo impocied. (Removolof Restricted Covenont) I Exhibit B to Resolution Morrill Meadows/East Hill Park Property YMCA Conveyance and Removal of Restrictíve Covenants _r \ ;,1.,:I I