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HomeMy WebLinkAboutCouncil 02/25/2008 AGENDA RENTON CITY COUNCIL • REGULAR MEETING February 25, 2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Housing Repair Assistance Program 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 2/11/2008. Council concur. b. Mayor Law appoints Michael Krohn to the Airport Advisory Committee, Highlands • neighborhood alternate position, for an unexpired term expiring on 5/7/2010 (position previously held by Michael O'Halloran). Refer to Community Services Committee. c. City Clerk submits request from Robert Stevens with Core Design, Inc. on behalf of Conner Homes Company for a latecomer agreement for sanitary sewer extension in the vicinity of SE 2nd Pl. and Hoquiam Ave. NE. Refer to Utilities Committee. d. City Clerk submits request from Warrick McDowell with McDowell Estates LLC for a latecomer agreement for sanitary sewer extension in the vicinity of 148th Ave. SE and SE 102nd St. Refer to Utilities Committee. e. Community Services Department recommends approval of a purchase and sale agreement with King County in the amount of$2,255,646.77 for an 8.0162-acre parcel of land located west of Monroe Ave. NE and south of NE 3rd St. to be used for a future maintenance facility. Authorization is also sought for an additional $300,000 for continued lease expenses for the United Rentals Building for 2008, and for additional site development expenses. Refer to Finance Committee. f. Community Services Department recommends approval of an agreement in the amount of $50,235.57 with Kaleidoscope Services for the 2008-2010 flower program. Refer to Community Services Committee. g. Development Services Division recommends approval of an agreement with King County to allow King County to continue with reviews and inspections of vested permits in the Benson Hill Communities Annexation area. Approval is also sought for King County to continue to charge for project reviews and inspections under its existing fee structure. Council concur. (See 8.b. for resolution and 8.b. for ordinance.) h. Finance and Information Services Department requests approval to accrue and collect penalty and interest for non-payment of utility tax. Refer to Finance Committee. i. Fire and Emergency Services Department requests approval to terminate the declaration of local • emergency, adopted on 12/3/2007 by Resolution 3921, as emergency conditions no longer exist related to the December 3 rainstorm. Council concur. (See 8.a. for resolution.) j. Legal Division recommends approval to repeal City Code sections 6-18-10, Criminal Trespass, and 6-18-12, Menacing, and rely on adopted and referenced State laws concerning criminal trespass and harassment. Council concur. (See 8.a. for ordinance.) (CONTINUED ON REVERSE SIDE) k. Planning/Building/Public Works Department recommends approval to hire a Vehicle and Equipment Mechanic I at Step E of the salary schedule. Council concur. I. Planning/Building/Public Works Department recommends approval to hire a Surface Water • Maintenance Worker II at Step D of the salary schedule. Refer to Finance Committee. m. Transportation Systems Division recommends approval of an amendment to CAG-06-069, agreement with Sound Transit, to describe the commitments of the parties relative to the Rainier Ave. Arterial Railroad Overpass Improvement sub-project. Council concur. 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Committee of the Whole: Renton Pool Interlocal Agreement* b. Community Services Committee: Housing Repair Assistance Program Policies c. Finance Committee: Vouchers; Judicial Specialist Hire at Step E d. Planning & Development Committee: City Code Title IV (Development Regulations)Docket e. Transportation (Aviation) Committee: Airport Leasing Policies 8. RESOLUTIONS AND ORDINANCES Resolutions: a. Termination declaration of the local emergency of December 3, 2007 (see 6.i.) b. Agreement with King County re: Benson Hill Communities Annexation area permit reviews and inspections (see 6.g.) c. Agreement with Renton School District re: Renton Pool financial support (see 7.a.) Ordinances for first reading: a. Repealing Criminal Trespass and Menacing sections in City Code (see 6.j.) b. Vested King County projects, permits and applications in Benson Hill Communities Annexation • area (see 6.g.) Ordinances for second and final reading: a. Vacation of portion of Queen Ave. NE (1st reading 2/11/2008) b. Vacation of portion of Whitworth Ave. S. (1st reading 2/11/2008) c. Setting threshold and tax rates re: Benson Hill Communities Annexation (1st reading 2/11/2008) d. Housekeeping amendments to City Code (Title IV); 1st reading 2/11/2008 e. Keeping of animals (1st reading 2/11/2008) f. Downtown area amendments (1st reading 2/11/2008) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room • 6 p.m. Emerging Issues in Transportation and Economic Development; Renton Pool Interlocal Agreement 1 RENTON CITY COUNCIL Regular Meeting February 25, 2008 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Denis Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF MARCIE PALMER, Council President; DON PERSSON; KING PARKER; COUNCILMEMBERS TERRI BRIERE; RICH ZWICKER; GREG TAYLOR; RANDY CORMAN. CITY STAFF IN DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE ZANETTA FONTES,Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator;NEIL WATTS, Development Services Director; TERRY HIGASHIYAMA, Community Services Administrator; TIM LAWLESS, Housing Repair Coordinator; MARTY WINE, Assistant CAO; DEPUTY CHIEF ROBERT VAN HORNE and EMERGENCY MANAGEMENT DIRECTOR DEBORAH NEEDHAM, Fire and Emergency Services Department; DEPUTY CHIEF TIM TROXEL,Police Department. SPECIAL PRESENTATION Housing Repair Coordinator Lawless announced that this year is the 30th Human Services: Housing anniversary of the Housing Repair Assistance Program. He reported that this is Repair Assistance Program the first year that the program will receive support from the General Fund, and the second year that First Savings Bank of Renton has donated $30,000 to the program, for a total contribution of$185,000 over the past 12 years. Mr. Lawless reviewed the program's history and its expansion in 2008, which includes a new field staff position and service van, and new guidelines. Mr. Lawless discussed the need for the program,pointing out that direct and referral services assist in the preservation,maintenance, and improvement of existing affordable housing. Examples of services offered include: clearing drain and sewage blockages; installing toilet, tub, and shower disability aids; installing smoke and carbon monoxide alarms; and installing locks, grab bars, hand rails, and access ramps. In conclusion, Mr. Lawless displayed before and after photographs of some repair projects, and he shared how grateful clients are for the services provided by the Housing Repair Assistance Program. Community Services Administrator Higashiyama explained that this program is one of the elements of affordable housing in that residents are able to stay in their homes and feel valued, and the housing stock is maintained. In the case of seniors, when they are ready to move into senior/assisted living facilities,they are able to sell their homes with some profitability, and then young families are able to purchase the homes thus starting the cycle again. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2008 and beyond. Items noted included: * An open house for the City Walkway Plan Update will be held on February 26 at the Renton High School Commons. The Highlands Task Force is holding a public input meeting on neighborhood revitalization in the Highlands community on February 28 at Highlands Elementary School. � 1 February 25,2008 Renton City Council Minutes Page 56 AUDIENCE COMMENT In response to Stanley Marczewski's (Renton) inquiry regarding how to amend a Citizen Comment: Marczewski City ordinance, Chief Administrative Officer Covington explained that the issue -Private Road Maintenance concerns the private road (Cedar Ridge Dr. SE) into a subdivision(Falcon (Cedar Ridge Dr SE) Ridge) that was constructed as part of an overall development agreement several years ago. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL REFER THIS ITEM TO THE ADMINISTRATION. COUNCIL CONCUR. Citizen Comment: Sartnurak- Linda Sartnurak(King County) indicated that she had been following the King County Fire District#40 progress of the operating contract between Renton and King County Fire Contract, CAG-08-015 District#40. Now that the contract has been approved, she stated that Fire District#40 firefighters are satisfied with the contract and are looking forward to working for the Renton Fire and Emergency Services Department. Ms. Sartnurak thanked the City for making them feel welcome. Citizen Comment: McOmber- Howard McOmber(Renton)encouraged citizens to attend the Highlands Task Highlands Task Force Meeting Force meeting on February 28 and to provide input on improving the Highlands community. Citizen Comment: Johnson- Arland "Buzz" Johnson(Renton) encouraged the City to continue its flower Flower Program, Off-Leash program,and to work with the Renton Chamber of Commerce to encourage Dog Park businesses to help pay for the flowers. He also suggested the siting of an off- leash dog park in the area located between the Cedar River Trail and the Cedar River(Narco site; 1500 Houser Way S.) Councilmember Parker noted that the Community Services Committee will meet on March 3 to discuss the flower program. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 2/11/2008. Council concur. 2/11/2008 Appointment: Airport Mayor Law appointed Michael Krohn to the Airport Advisory Committee, Advisory Committee Highlands neighborhood alternate position, for an unexpired term expiring on 5/7/2010 (position previously held by Michael O'Halloran). Refer to Community Services Committee. Latecomer Agreement: Conner City Clerk submitted request from Robert Stevens with Core Design, Inc. on Homes, Puget Colony behalf of Conner Homes Company for a latecomer agreement for sanitary sewer Development, LA-07-002 extension to serve Puget Colony Short Plats located in the vicinity of SE 2nd Pl. and Hoquiam Ave. NE. Refer to Utilities Committee. Latecomer Agreement: City Clerk submitted request from Warrick McDowell with McDowell Estates McDowell Estates, LA-07-001 LLC for a latecomer agreement for sanitary sewer extension in the vicinity of 148th Ave. SE and SE 102nd St. Refer to Utilities Committee. Community Services: Parks Community Services Department recommended approval of a purchase and sale Maintenance Facility,King agreement with King County in the amount of$2,255,646.77 for an 8.0162-acre County Purchase Agreement, parcel of land located west of Monroe Ave.NE and south of NE 3rd St. to be United Rentals Sublease used for a future maintenance facility. Authorization was also sought for an additional $300,000 for continued lease expenses for the United Rentals Northwest building for 2008, and for additional site development expenses. Refer to Finance Committee. Community Services: Flower Community Services Department recommended approval of an agreement in the Program(2008-2010), amount of$50,235.57 with Kaleidoscope Services for the 2008-2010 flower Kaleidoscope Services program. Refer to Community Services Committee. • February 25, 2008 Renton City Council Minutes Page 57 Development Services: Benson Development Services Division recommended approval of an agreement with Hill Communities Annexation King County to allow King County to continue with reviews and inspections of Vested Permits, King County vested permits in the Benson Hill Communities Annexation area. Approval was also sought for King County to continue to charge for project reviews and inspections under its existing fee structure. Council concur. (See page 59 for resolution and ordinance.) Finance: Utility Tax Non- Finance and Information Services Department requested approval to accrue and Payment, Penalty and Interest collect penalty and interest for non-payment of utility tax. Refer to Finance Collection Committee. Public Safety: Declaration of Fire and Emergency Services Department requested approval to terminate the Local Emergency Termination declaration of local emergency, adopted on 12/3/2007 by Resolution 3921, as emergency conditions no longer exist related to the December 3 rainstorm. Council concur. (See page 58 for resolution.) Legal: Criminal Trespass & Legal Division recommended approval to repeal City Code sections 6-18-10, Menacing Criminal Trespass, and 6-18-12, Menacing, and rely on adopted and referenced State laws concerning criminal trespass and harassment. Council concur. (See page 59 for ordinance.) Public Works: Vehicle and Planning/Building/Public Works Department recommended approval to hire a Equipment Mechanic I Hire at Vehicle and Equipment Mechanic I position at Step E of the salary schedule. Step E Council concur. Public Works: Surface Water Planning/Building/Public Works Department recommended approval to hire a Maintenance Worker II Hire at Surface Water Maintenance Worker II position at Step D of the salary schedule. Step D Refer to Finance Committee. CAG: 06-069, Rainier Ave S, Transportation Systems Division recommended approval of an amendment to Hardie Ave SW & SW 27th CAG-06-069, agreement with Sound Transit,to describe commitments of the St/Strander Blvd Funding, parties relative to the Rainier Ave. Arterial Railroad Overpass Improvement Sound Transit sub-project. Council concur. Added Item 6.n. Human Resources and Risk Management Department recommended approval of Human Resources: salary grades for the following new positions(as a result of the Benson Hill Communication Specialist I & Communities Annexation): Communication Specialist I - Grade a12; II Positions, Salary Grades Communication Specialist II - Grade a21; and Communication Specialist II - Grade m21. Council concur. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Council President Palmer presented a Committee of the Whole report Committee of the Whole recommending that the Mayor and City Clerk be authorized to execute an AJLS: Renton Pool, Renton interlocal agreement with Renton School District#403 to provide financial School District support for the Renton Pool at Lindbergh High School. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 59 for resolution.) Finance Committee Finance Committee Chair Persson presented a report recommending approval of Finance: Vouchers Claim Vouchers 269147 - 269560 and one wire transfer totaling$2,669,175.62; and approval of 163 Payroll Vouchers, one wire transfer, and 698 direct deposits totaling$2,723,594.24. MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. February 25,2008 Renton City Council Minutes Page 58 Municipal Court: Judicial Finance Committee Chair Persson presented a report recommending Specialist Hire at Step E concurrence in the staff recommendation to approve the hiring of a Judicial Specialist at Grade 08, Step E, with a start date of 3/3/2008. MOVED BY • PERSSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning and Development Committee Chair Parker presented a report Committee regarding the City Code Title IV (Development Regulations) docket. The Planning: Development Committee recommended concurrence in the staff recommendation to set a Regulations(Title IV) Docket public hearing on 3/10/2008 to consider the following two docket items: 1) Review Helipad Use in the R-8 Zone; and 2) Amendments to the Commercial Office Residential Zone. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Community Services Committee Chair Briere presented a report recommending Committee concurrence in the staff recommendation to adopt the revised policies of the Human Services: Housing Housing Repair Assistance Program. Revisions include: Repair Assistance Program 1) Annual expenditure limits will be based on the three-tier qualifying income Policies criteria for the program's clients, and the ten-year expenditure limit will be raised to $10,000 for all clients,regardless of income; 2) Services will not be provided until a year after the home is purchased; and 3) The health and safety repairs that the program provides will be more clearly defined. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Corman presented a report Committee regarding the Airport leasing policies. The policies were last amended in 2002. Airport: Leasing Policy Since that time, there have been changes in the tenancies and needs at the Airport, as well as the vision for the Airport. Further, the Council will be considering an Airport Layout Plan as based on the revised Airport development policies. The leasing policies need to be consistent with those documents. Recommendations for changes included the creation of a lease application form, developing a new process to analyze a prospective lessee's financial capacity, creating a new appeal process, and reformatting the document to improve readability. The leasing policies have undergone two separate legal reviews for suggestions and the City Attorney's office has approved the document. After consideration of these proposed changes,the Committee recommended that Council approve the Airport leasing policy amendments. MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution #3931 A resolution was read terminating the declaration of a local emergency declared Public Safety: Declaration of on 12/3/2008 by Resolution 3921. MOVED BY BRIERE, SECONDED BY Local Emergency Termination TAYLOR, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. February 25, 2008 Renton City Council Minutes Page 59 Resolution #3932 A resolution was read authorizing the Mayor and City Clerk to enter into an Development Services: Benson interlocal agreement with King County to authorize King County to assist the Hill Communities Annexation City of Renton in processing projects, permits, and applications for property in Vested Permits, King County the Benson Hill Communities Annexation area, which are vested under King County's rules and regulations prior to the annexation. MOVED BY PARKER, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3933 A resolution was read authorizing the Mayor and City Clerk to enter into an AJLS: Renton Pool, Renton interlocal agreement between the City of Renton and Renton School District School District #403 relating to financial support for the Renton Pool at Lindbergh High School. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 3/3/2008 for second and final reading: Legal: Criminal Trespass& An ordinance was read amending Chapter 18, Penal Code, of Title VI (Police Menacing Regulations) of City Code by repealing Sections 10, Criminal Trespass, and 12, Menacing. MOVED BY PARKER, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/3/2008. CARRIED. Development Services: Benson An ordinance was read adopting, for the purposes of processing vested permits Hill Communities Annexation in Renton's Benson Hill Communities Annexation area, and to the extent that Vested Permits, King County they apply, the King County codes,regulations, and fees. MOVED BY TAYLOR, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/3/2008. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#5352 An ordinance was read vacating a portion of right-of-way, six feet wide and Vacation: Queen Ave NE, approximately 293 feet in length, of Queen Ave. NE, south of NE 4th St. (VAC- Newfourth, VAC-07-003 07-003;petitioner Steve Beck,Newfourth, LLC). MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5353 An ordinance was read vacating a portion of right-of-way, approximately 60 Vacation: Whitworth Ave S, feet in width and 100 feet in length, of Whitworth Ave. S., south of S. 4th St. TEAM Properties, VAC-07- (VAC-07-002;petitioner Brian Allen, TEAM Properties, LLC). MOVED BY 002 BRIERE, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5354 An ordinance was read setting the threshold and tax rates in accordance with Annexation: Benson Hill RCW 82.14.415 with respect to the Benson Hill Communities Annexation. Communities, State Funding MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5355 An ordinance was read amending Chapter 1, Administration and Enforcement; Planning: Development Chapter 2,Zoning Districts -Uses and Standards; Chapter 3, Environmental Regulations (Title IV) Docket, Regulations and Overlay Districts; Chapter 4, Citywide Property Development Housekeeping Amendments Standards; Chapter 9, Permits - Specific; and Chapter 11, Definitions, of Title IV (Development Regulations); and Chapter 1, Garbage, of Title VIII (Health and Sanitation) of City Code to complete housekeeping amendments to Title IV 1 February 25, 2008 Renton City Council Minutes Page 60 amendments made during docket review. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5356 An ordinance was read amending Chapter 1, Administration and Enforcement; Planning: Development Chapter 2, Zoning Districts-Uses and Standards; Chapter 4, Citywide Property Regulations (Title IV) Docket, Development Standards; Chapter 8, Permits - General and Appeals; Chapter 9, Animal Regulations Permits- Specific; and Chapter 11, Definitions, of Title IV (Development Regulations); Chapter 4,Animal Licenses, of Title V (Finance and Business Regulations); and Chapter 6,Animals and Fowl at Large, of Title VI (Police Regulations)of City Code to amend the regulations regarding the keeping of animals. MOVED BY CORMAN, SECONDED BY ZWICKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5357 An ordinance was read amending Chapter 2,Zoning Districts -Uses and Planning: Development Standards; and Chapter 4, Citywide Property Development Standards,of Title Regulations(Title IV) Docket, IV(Development Regulations) of City Code to amend regulations in effect for Downtown Core downtown Renton, including removing the Downtown Core Area designation, amending the boundary of the Downtown Pedestrian District, amending the commercial zoning designations, amending the parking regulations for commercial businesses, and amending the City Center District sign regulations. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilmember Parker reported receipt of a letter from Steven A. Beck, Citizen Comment: Beck- Manager,Nikolick/Beck,Inc. (Renton), regarding a 33-acre property he wants Property Purchase, SE to sell to the City that is located in the Cascade Vista and Fairwood area in the Petrovitsky Rd & 135th Ave vicinity of SE Petrovitsky Rd. and 135th Ave. SE. MOVED BY PARKER, SE SECONDED BY CORMAN, COUNCIL REFER THIS CORRESPONDENCE TO THE ADMINISTRATION. CARRIED. Policy: Bilingual City Notices MOVED BY PARKER, SECONDED BY PALMER, COUNCIL REFER THE TOPIC OF A POLICY REGARDING BILINGUAL CITY NOTICES TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. Solid Waste: Clean Sweep MOVED BY ZWICKER, SECONDED BY PALMER, COUNCIL REFER A Program BRIEFING ON THE UPCOMING CLEAN SWEEP RENTON EVENT, SPECIFICALLY ON ANY ANTICIPATED ISSUES REGARDING THE BENSON HILL COMMUNITIES ANNEXATION, TO THE UTILITIES COMMITTEE. CARRIED. Citizen Comment: Toebe -Red At the request of Councilmember Taylor, a letter was read from Martin Douglas Light School Zone Photo Toebe (Renton)expressing his support for the traffic enforcement cameras for Enforcement Program red light and speeding installed at certain intersections, and suggesting the installation of more cameras around school areas. MOVED BY TAYLOR, SECONDED BY CORMAN, COUNCIL REFER THIS CORRESPONDENCE TO THE ADMINISTRATION. CARRIED. AUDIENCE COMMENT Responding to Diane Paholke's (Renton) question regarding the repeal of City Citizen Comment: Paholke- Code sections pertaining to criminal trespass and menacing,Assistant City Criminal Trespass&Menacing Attorney Fontes explained that Renton still has a criminal trespass ordinance because the City has adopted the State law by reference. She assured that enforcement of the law remains the same. February 25,2008 Renton City Council Minutes Page 61 ADJOURNMENT MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 8:02 p.m. &7144, c. uda.to-ri Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann February 25, 2008 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING February 25, 2008 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COUNCIL WORKSHOP/RETREAT THURS. & FRI., 2009-2014 Business Plan, Housing 3/06 & 3/07 Affordability, Comprehensive Plan 9 a.m. to 5 p.m. Process, Code Enforcement, and Space Needs/Public Facilities *Merrill Gardens at Renton Centre, 104 Burnett Ave. S.* COMMITTEE OF THE WHOLE MON., 3/03 Emerging Issues - Public Works, (Palmer) 6 p.m. Paperwork Reduction, and Duvall Ave. Project Bid Opening *Council Conference Room* COMMUNITY SERVICES MON., 3/03 Michael Krohn Appointment to Airport (Briere) 5 p.m. Advisory Committee; Flower Program Agreement FINANCE (Persson) PLANNING & DEVELOPMENT THURS., 2/28 City Code Title IV (Development (Parker) 3 p.m. Regulations) Docket PUBLIC SAFETY MON., 3/03 CANCELLED (Taylor) TRANSPORTATION (AVIATION) THURS., 2/28 CANCELLED (Corman) UTILITIES THURS., 2/28 Conner Homes Latecomer Agreement; (Zwicker) 4 p.m. McDowell Estates Latecomer Agreement NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. 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LI : 3 ill i gi, ,ji. ..„,q! • , 1".:, 10) ','. i ,%\ .10*5 C46.4 WS i ,,A ,... .„ , , . isn r"rj k A i 41 1i- .., , , 2 .1'. $,", . _- 111 - - — 22:41 CA 14413 . .. on — - cr F • 1 NgiOwWz,4, ,,•;( IliA;1. :-A 1,.' 7.,-7--:.& -''-77::: - 9p4 /v I. wriiI"MT Pw4.7 tt I . ,•-. somem 9/ . 1 r-- I . ....._.7....... - -- za.i.=,.... _..........___JL...._ ----1 . . 1 .10 An-of:- or al l a 'In a , f o a sloYN ome Repat Prog a� Beg VO cycle Re--silents 45L k@ ¶ aga[ii stray lin) ome-s Iir®ve Seniors gI_© se [I housing stock ome-s Young &Ed e--s bli© Move §nto 20 o rc ase home senior/ass ste o alving 0ti`SY O� ADMINISTRATIVE, JUDICIAL, AND c• LEGAL LEGAL SERVICES DEPARTMENT • • `1'�N�o� MEMORANDUM DATE: February 25, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council FROM: Denis Law, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: • Work is well underway for the upgrading of recreation buildings at Kennydale Lions Park and Philip Arnold Park. In addition to building facelifts, improvements include making the buildings fully accessible and redesigning the bathrooms to meet the latest ADA standards. "Green" improvements include occupancy sensors to control the lights, proximity sensors on the hand dryers and the faucets, and the use of recycled and recyclable materials. The electrical distribution system is being improved, and storage capacity for recreation program materials and supplies is being increased. Improvements to these buildings is part of a multi-year, system-wide upgrade program that included similar work at Thomas Teasdale and Kiwanis Parks last year, as well as the replacement of the recreation building at Tiffany Park. • An open house for the City Walkway Plan Update will be held on Tuesday, February 26, from 3 to 8 p.m. at the Renton High School Commons, 400 South 2nd Street. Transportation Systems Division staff will be on hand to discuss the Plan and answer questions. • Residents, businesses, and community groups are invited to attend a public input meeting on neighborhood revitalization in the Renton Highlands. What are your concerns for the Highlands community? What would make the Highlands a great place for residents and businesses? The Highlands Phase II Task Force wants to know what is important to you. Topics raised at this meeting will be reviewed by the Task Force and included in their recommendation to City Council before the end of the year. The meeting will be held in the Highlands Elementary School cafeteria on Thursday, February 28, from 6 to 8 p.m. For more information contact Erika Conkling, Senior Planner, at 425-430-6578 or econkling@ci.renton.wa.us. liznumizurtx- 114e-A 01-1 4 mec_ Offriboxanut-- Freim-ewrnwxmaatiact com Tcc:Mpalitiersentoitwa us . ad4441A:AaaYee ' cm:hudginszack@tegwagm;hasegawabohtittesswagovc.prentimmargatitauariegAua.gov Subject: CffyOrcitnarkie .:Datm-Sun,It Feh2008:10336 am The retrowing-ernair was-rejected by the thternetsetvitesetamsencimeWagalit by AOL IlearCtly-teunditMesideitt-Palmer: Asa spoke.petsottfora-group acityiresidents,hvoltid:fiketailmow-thaproper fortnatiortryingto ameacta 27 yearetdciticanitaanca .t.watitd:ftke-tcr krtatirthe.:procedure;whatdocumentafion-is necessacrand.thetnethed.bi preseritto-the City Council. .1-respectitiWy-requestaresponseby-email. UneeretiftStattiey-W-Matezewski:,22401SE8th Pfeeei-fireatek WA-980- 949 -Moremew-teattices-thae-ever.Check:out:the-new-AO L Malt! http-:ttwebmait.aotxofn/14032/aoftea-usAtkittPrintMessage.aspx 212012008 67/449tbilj .2-p25-0/00S' 17504 155th Ave SE Renton, WA 98058 February 25, 2008 Renton City Council: I live in the Fairwood neighborhood. I've been attending the Fire District 40 bimonthly Commissioners meetings since last spring and I have been following the progress of the contract between Fire District 40 and the Renton Fire Department since then. I have also had the opportunity to get to know a number of the Fire District 40 Fire Fighters and other employees. Throughout the summer and fall, all of the employees were very anxious and concerned about how the contract would affect their jobs. At the last Fire Commissioners meeting, I was glad to hear that the Fire Fighters are satisfied with the contact details and are looking forward to working with the Renton Fire Department. I spoke with one of the nonunion employees, Lisa, and she told me that all of the employees that wanted a job with Renton have been hired. She went on to praise Marty Wine, Chief Daniels and the HR department for going out of their way to help the FD 40 employees throughout the hiring process. I'd like to thank everyone for providing jobs for all of the FD 40 employees and treating them so well, especially when their workload has increased with the Benson Hill Annexation. I also want to let you know you've got a great group of new employees! Sincerely; tic ....d7:4„, Linda Sartnurak do. Mar' 661) CITY OF RENTON COUNCIL AGENDA BILL " i�/ AI#: •SFO , •Submitting Data: For Agenda of: February 25, 2008 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Denis Law, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Airport Advisory Committee Appointment: Ordinance Mr. Michael Krohn Resolution Old Business Exhibits: New Business Study Sessions Community Service Application Information Recommended Action: Approvals: Legal Dept Refer to Community Services Committee Finance Dept Other Fiscal Impact: 411; Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Law appoints the following to the Airport Advisory Committee: Mr. Michael Krohn, 457 Pasco Place NE, Renton, WA 98059 (Renton Highlands Neighborhood alternate position), for an unexpired term expiring on May 7, 2010 (position previously held by Michael O'Halloran). STAFF RECOMMENDATION: Confirm Mayor Law's appointment of Mr. Michael Krohn to the Airport Advisory Committee. III 1 • CITY OF RENTON APPLICATION FOR COMMUNITY SERVICE If you are interested in participating in local government by membership on any of the following City boards, commissions,or committees,please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98057 Check the boards/commissions/committees in which you are interested: • AIRPORT ADVISORY COMMI IThE* Il PLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY ❑ HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMIYTbE* ❑ HUMAN SERVICES ADVISORY COMMITTEE* 0 SISTER CITY COMMITTEE-CUAUTLA ❑ LIBRARY BOARD ❑ SISTER CITY COMMI LUPE-NISHIWAKI ❑ MUNICIPAL ARTS COMMISSION* 0 TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION* 0 NON-MOTORIZED TRANSPORTATION ADV CMTE *Special membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR. I4 MS.❑ NAME M 1 C 1-i A— K R-0 t-W DATE I– 8 ADDRESS LK `�ASCO Wit-- D.IE ZIP CODE 98557 • PHONE: DAY 62.O(o)'39y- S S 3 NIGHT (its)ZZ8- '-KK9 g EMAIL /Y)/chad k+atlwP iviSvt .com RENTON RESIDENT? VES IF SO,SINCE WHEN? , oo0 CITY OF FORMER RESIDENCE L/TZE7-0/4; Co EDUCATIONAL BACKGROUND fa A. ;3u5/A/L5S >mr^ttA11S Tg,4TtOn) – SGvirt_e_ -Piet C1Flc t/N/vELS 'rV /4,t1D2S: -Pint If—,de E, /'uh 1Jrib2At eat/[, hthc'oert-t AT?0 PQ SYS tZ- lS OCCUPATION A..cr3T–c 7 71451)116-1 EMPLOYER /4/(---77)t17--E-CT OCCUPATIONAL BACKGROUND /NFvufiA•tii on.1 S.lcTe.AA-LS NA-utok(=IEt^-«ri)T /A/ F/n)/}AJCi W L 1tEA� 7/C cf4 til/Li-ry AND `FEL c,atAA v/JicA710^JS A I bizsriet COMMUNITY ACTIVITIES(organizations/clubs/service groups,etc.) (/3/n/n W 00 st. HO A. VA4Z-tou S of LP_Ct i Aci7 yr 77 ES , ELF,44 G1 /fK y S -t a L vo Lu REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMI!TEE >ES!2c 70G–/U r34 X-"r ) /14r (ovum/NI y 7 CAN ATTEND DAY /MEETINGS? yGs CAN ATTEND NIGHT MEETINGS? VES • Applications will be kept on file for one year. If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500. 1/24/07 • • I • CITY OF RENTON COUNCIL AGENDA BILL 6 '/7/ 1 AI#: t V • •Submitting Data: For Agenda of: February 25, 2008 Dept/Div/Board. AJLS/City Clerk Staff Contact Bonnie Walton, City Clerk, x6502 Agenda Status Consent X Subject: Public Hearing.. Latecomer's Agreement Request for Sanitary Sewer Correspondence.. Extension in the vicinity of SE 2"d P1 and Hoquiam Av Ordinance NE (Robert Stevens, Core Design, Inc., Petitioner). Resolution File: LA-07-002 Old Business Exhibits: New Business Latecomer's Agreement Request with Exhibits Study Sessions Information Recommended Action: Approvals: Legal Dept Refer to Utilities Committee Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SSUMMARY OF ACTION: Robert Stevens (Project Manager, Core Design, on behalf of Conner Homes Co), 14711 NE 29`h P1, Suite 101, Bellevue, WA 98007, requests a latecomer's agreement for a sanitary sewer extension south of SE 2"d Pl, north of SE 2" St, and west of Hoquiam Ave NE. The Planning/Building/Public Works department has verified sufficiency of the petition, the property ownership, cost figures, legal descriptions and maps. The latecomer's agreement application fee of $2,000 has been received. The total cost estimate submitted is greater than $100,000.00. STAFF RECOMMENDATION: Determine whether to grant preliminary approval for the SE 2nd St & SE 2nd P1 latecomer's agreement request for a period of two years, and authorize staff to forward the preliminary assessment roll to the City Clerk for notification of affected property owners. cc: Karen McFarland,Utility Systems Div.,x7209 Reference: RMC:Title IX,Chapter 4 110 • /.."Th A - Core Design,Inc. L/ ` 0 7 DO 14711 N.E. Place,Suite 101 CORE Bellevue,Washington 98007 • DESIGN 425.885.7877 Fax425.885.7963 July 12, 2007 www.coredesigninc.com Core No. 06124 CITY OF RENTON Core Design, Inc., on behalf of Conner Homes Company J U L 1 2 2007 14711 NE 29th Place, Suite 101 CITY CLERKSRECEIVED OFFICE Bellevue, WA 98007 Via PB P W Day Phone# 425-885-7877 Fax No. 425-885-7963 TO: Mayor and City Council c/o City Clerk City of Renton 1055 South Grady Way, 7th Floor Renton, WA 98055 SUBJECT: Puget Colony Short Plats Project No. LUA-06-147, SHPL-A, and LUA-06-146, SHPL-H HONORABLE MAYOR AND MEMBERS OF THE RENTON CITY COUNCIL: On behalf of Conner Homes Company, we respectfully request a Latecomer Agreement be drawn up so that adjacent properties will be required to share in the cost of the sewer that was required by City Code to be installed to serve the above-referenced development. The properties that will benefit in the future from the sewer are located south of SE 2nd Place and north of SE 2nd Street and as shown on the attached vicinity map. Attached hereto are the estimated cost data and inventory for the installation, the legal description of the applicant's property, and of the benefited properties. We are also submitting the processing fee in the amount of $1,000 per the "Information Handout / Developer/Owner Initiated Latecomer Agreements." Sincerely, CORE DESIGN, INC. or, , _ Robert H. Stevens, P.E. Principal, Project Manager • ENGINEERING • PLANNING - SURVEYING N:\2006\06124\Docs\061247Ltr02 C Renton-Latecomer Agreement.doc LA TECO! FR A GREEMENT VICiL . %TY MAP SE 2ND ST& SE 2ND PL SEWER EXTENSIONS 1 i 1 J }i • , f I 1 t it r 2NOSj- ...... �__.____ ._._ 1 M' I i `, : ;E`-�=!.''fir: tl O / (Q t Q �` f -' -'`LAT '.. .-:1;-7, fil :;t`_ _. O . i Q, 0 .- ( � .. .-_._ _.. 17 R;Sj ORT PLAT 2 O s . ' 4 M'i--i 7/i SE2ND PL � --- --=" . /2/# • . ./ . ' N i\ . A S E ..' I'' - . : .- SCALE: 1" = 150' } 150 ±±: 1 LEGEND ------------------ EXISTING SANITARY SEWER ':::Witti: DEVELOPERS PROPERTY r EX/S11NG MANHOLE -- LATECOMER BOUNDARY ------ PROPOSED SANITARY SEWER EXTENSION =/,�,��G�//� BENEFITED PROPER11ES ® PROPOSED MANHOLE CONSTI KUCTION QUANTITY/COST ES INMATE FOR: • PUGET COLONY SHORT PLAT 1 & 2 SE. 2ND PL. PREPARED BY: NWD JOB NUMBER: 06124 DATE: 6/19/2007 R ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 48" MANHOLES(Less Than 8'Deep) 2 EACH $2,750.00 $5,500.00 8"PVC PIPE 600 LIN FT $24.35 $14,610.00 PIPE BEDDING 400 CU YD $7.00 $2,799.72 SELECT BACKFILL 533 CU YD $5.00 $2,666.40 6" SIDE SEWER&CLEANOUT 13 EACH $900.00 $11,700.00 CONNECT TO EXISTING SEWER 1 EACH $3,000.00 $3,000.00 2"A.C. OVERLAY 1,067 SQ YD $3.75 $4,000.00 TESTING AND CLEAN-UP LUMP SUM L-SUM $3,000.00 $3,000.00 TOTAL $47,276 • L CONSI.AUCTION QUANTITY/COST ES l'IMATE FOR: PUGET COLONY SHORT PLAT 1 & 2 SE. 2ND ST. PREPARED BY: NWD JOB NUMBER: 06124 DATE: 6/19/2007 dE1111111111111111111ii11111!111111111111111:lig!'HHNIIIIIMERililiniiS.AH •• •• • ••• • •• ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 48" MANHOLES(Less Than 8'Deep) 1 EACH $2,750.00 $2,750.00 8"PVC PIPE 247 LIN FT $24.35 $6,014.45 PIPE BEDDING 165 CU YD $7.00 $1,152.55 SELECT BACKFILL 220 CU YD $5.00 $1,097.67 6" SIDE SEWER&CLEANOUT 7 EACH $900.00 $6,300.00 CONNECT TO EXISTING SEWER 1 EACH $3,000.00 $3,000.00 2"A.C. OVERLAY 439 SQ YD $3.75 $1,646.67 TESTING AND CLEAN-UP LUMP SUM L-SUM $2,000.00 $2,000.00 TOTAL $23,961 • A • CORE DESIGN, INC. BELLEVUE WA 98007 Core Project No: 06124 10/16/06 LEGAL DESCRIPTION ORDER NO. 1218799 Parcel A: The west 37 feet of Lot 61, and Lot 62 except the west 19 feet thereof, Puget Colony Homes, according to the plat thereof, recorded in Volume 86 of Plats, Page 59, in King County, Washington. (Also known as a portion of King County Lot Line Adjustment Number 8812025, recorded under Recording Number 8904060602.) Parcel B: The west 19 feet of Lot 62, and Lot 63, Puget Colony Homes, according to the plat thereof, recorded in Volume 86 of Plats, Page 59, in King County, Washington. (Also• known as aportion of KingCountyLot Line Adjustment Number 8812025, recorded under Recording Number 8904060602.) ORDER NO. 1218798 Lots 54 and 55, Puget Colony Homes, according to the plat thereof, recorded in Volume 86 of Plats, Page 59, in King County, Washington. • 06124L01 Legal Description, 6/19/07, page 1 Benefited Properties - King County Tax Account Numbers and Legal Descriptions BOLD indicates property owned by Applicant • Tax Account Number Legal Description 692800054003 54 PUGET COLONY HOMES LESS C & M RTS 692800055000 55 PUGET COLONY HOMES LESS C & M RTS 692800064002 64 PUGET COLONY HOMES LESS C & M RTS 692800063004 62-63 PUGET COLONY HOMES W 19 FT OF LOT 62 TGW ALL OF LOT 63 -- PER KC LOT LINE ADJ NO 8812025 RECORDING NO 8904060602 692800062006 61-62 PUGET COLONY HOMES W 37 FT OF LOT 61 TGW LOT 62 LESS W 19 FT - PER K C LOT LINE ADJ NO 8812025 RECORDING NO 8904060602 692800043006 43 PUGET COLONY HOMES LESS C & M RTS 692800042008 42 PUGET COLONY HOMES LESS C & M RTS 692800041000 41 PUGET COLONY HOMES LESS C & M RTS 692800056008 56 PUGET COLONY HOMES LESS C & M RTS 692800057006 57 PUGET COLONY HOMES LESS C & M RTS 692800058004 58 PUGET COLONY HOMES LESS C & M RTS 692800059002 59 PUGET COLONY HOMES LESS C & M RTS 692800060000 60-61 PUGET COLONY HOMES LOT 60 TGW E 37 FT OF LOT 61 PER K C LOT LINE ADJ NO 8812025 RECORDING NO 8904060602 • 152305920109 152305 201 LOT 1 OF KC SHORT PLAT NO 280031 RECORDING NO 8008040570 SD PLAT DAF - PARCEL B OF KC SHORT PLAT NO 574002 RECORDING NO 7503030294 DAF - E 1/2 OF NW 1/4 OF NW 1/4 OF SE 1/4 LESS N 30 FT FOR RD LESS C/M RGTS 152305906603 152305 66 PP ACT 39923966 MOBILE HOME TRACT A OF KC SHORT PLAT NO 574002 RECORDING NO 7503030294 SD PLAT DAF - E 1/2 OF NW 1/4 OF NW 1/4 OF SE 1/4 LESS N 30 FT FOR RD LESS C/M RGTS 152305910001 152305 100 LOT 1 OF REVISED KC SHORT PLAT NO 880059 RECORDING NO 8302011019 SD SHORT PLAT DAF - E 1/2 OF W 1/2 OF NW 1/4 OF NW 1/4 OF SE 1/4 LESS C/M RGTS TGW W 1/2 OF NW 1/4 OF NW 1/4 OF SE 1/4 LESS POR LY NLY OF FOLG DESC LN - BEG INTSN OF E LN SD SUBD WITH ELY MGN OF 138TH AVE SE EXT TH WLY PLW N LN SD SUBD TO W LN SD SUBD Page 1 of 2 111 I Benefited Properties - King County Tax Account Numbers and Legal Descriptions BOLD indicates property owned by Applicant • Legal Description Tax Account Number 152305917089 152305 170 W 1/4 OF NW 1/4 OF NW 1/4 OF SE 1/4 LESS BEG AT NXN OF E LN SD SUBD WITH ELY MGN OF 138TH AVE SE EXT TH WLY PLW N LN SD SUBD TO W LN SD SUBD TH SLY ALG SD W LN TO S LN OF SD SUBD TH ELY ALG SD S LN TO ELY MGN OF SD SUBD TH NLY TO BEG LESS C/M RGTS TAX PORTION PARTIALLY EXEMPT UNDER RCW 84.36.381 THRU .389 W 1/4 OF NW 1/4 OF NW 1/4 OF SE 1/4 LESS BEG AT NXN OF E LN SD SUBD WITH ELY MGN OF 138TH AVE SE EXT TH WLY PLW N LN SD SUBD TO W LN SD SUBD TH SLY ALG SD W LN TO S LN OF SD SUBD TH ELY ALG SD S LN TO ELY MGN OF SD SUBD TH NLY TO BEG LESS C/M RGTS TAX PORTION PARTIALLY EXEMPT UNDER RCW 84.36.381 THRU .389 NOT INCLUDED • Page 2 of 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: d • •Submitting Data: For Agenda of: February 25, 2008 Dept/Div/Board. AJLS/City Clerk Staff Contact Bonnie Walton, City Clerk, x6502 Agenda Status Consent X Subject: Public Hearing.. Latecomer's Agreement Request for Sanitary Sewer Correspondence.. Extension along 148th Av SE & SE 102' St (Warrick Ordinance McDowell, Petitioner) File: LA-07-001 Resolution Old Business Exhibits: New Business Latecomer's Agreement Request with Exhibits Study Sessions Information Recommended Action: Approvals: Legal Dept Refer to Utilities Committee Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. •SUMMARY OF ACTION: Warrick McDowell, McDowell Estates LLC, 12528 NE 117th P1, #E4, Kirkland, WA 98034, requests a latecomer's agreement for a sanitary sewer extension along 148th Av SE & SE 102nd St. The Planning/Building/Public Works department has verified sufficiency of the petition, the property ownership, cost figures, legal descriptions and maps. The latecomer's agreement application fee of$1,000 has been received. The total cost estimate submitted is between $20,000.00 and $100,000.00. STAFF RECOMMENDATION: Determine whether to grant preliminary approval for the 148th Ave SE & SE 102nd St latecomer's agreement request for a period of two years, and authorize staff to forward the preliminary assessment roll to the City Clerk for notification of affected property owners. cc: Karen McFarland,Utility Systems Div.,x7209 Reference: RMC:Title IX, Chapter 4 P r , 4.07-00/ CITY OF RENTON June 15th, 2007 JUN 2 1 2007 • McDowell Estates LLC RECEIVED Warrick McDowell CITY CLERK'S OFFICE 12528 NE 117th Pl. #E4 Kirkland, WA 98034 Phone #: (866) 225-8750 Fax #: (425) 223-3176 TO: Mayor and City Council c/o City Clerk City of Renton 1055 South Grady Way, 7th Floor Renton, WA 98055 SUBJECT: McDowell Sewer Extension Project Permit: #U070046 General Location: 148th Ave. SE & SE 102nd St., Renton, WA HONORABLE MAYOR AND MEMBERS OF THE RENTON CITY COUNCIL: On behalf of McDowell Estates LLC, I respectfully request a latecomer agreement be drawn up so that adjacent properties will be required to share in the cost of the sewer line extension that was required by City Code to be installed to serve the above referenced development. The properties that will benefit in the future from the sewer line extension are located south of the nearest existing sewer pump station and north/northwest of my property, as shown on the attached vicinity map. Attached hereto are the estimated cost data and inventory for the installation, the legal description of my (the applicant's) property, and of the benefited properties (or a list of King County Tax Account's for same). Upon Administrative acceptance of my application, I will submit the applicable processing fee upon request. Sincere y, e'er" Warrick McDowell, member, McDowell Estates LLC • ..., , Vicinity Map 0 ( . t i trif -,-11.:.1.. ..;-::.'fr':Z,-.'..-•_,,.,`.7,.*:.,_,''.,,''.: ;.,s..F.,.!7 ,:_;".'_'.,,, 1 ,,,,,,.„,,,,,,,,,,,,,,,e4.,,Vt/0020,..10-354:00010a,_80354006N,,,,f [11 4,,P,11.,..r-j"...i:.,..!,,..t.;'',.._;;,;;;.,:...?::•.:. ,,-;:,,...4.46.-r.144;:..:,::::f.:::::;,;, -- -022306M7-6.. 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III • 803-54,00510 „ . - .. i Property . . . , . apaccocv.2 032305g223 t 83236.54322 . . . {C):2CC6..knio Cairilvm.L, i [I,1.1 - =- --...:()imm WI' fs-40,A.- - ,,, ,-19.Ty•m-•.,•x,=-N.tyarw,,.••...Amirrif•79:gm ••••, - -• •—•41,..,-,Viq'F.,,4e.-+"..0.r.'N?ii".:r.N4f.rtA.'''',.KV2.1.WM.4;ITi.?'-'"::"A*1----P:,-;f7t.M.:411',4"i',,,":77,,,t, ,51''''!=t-'-...,,e;'''',-*',1;12-44.'-'''''''f-t./A''''''':-lil...'--,--,.'4,r4., 4...4,..,..:.,-,..k,,,a_,,„,_, ?M.011iM::','',.•-,,,,Ze.,f...;i:AV'''.:&.','I..,i..',1,;,,.44c*,,-4. aot kir.- 4,76,7;,'ir;:;,zeyni,;-:*:3*V:i,:ilfgj;?....,',,,e.W;,5-.%Age-4--,13;f;',1.:,p.,..-gt-i.,-, =--,A,k,,,---,s 0,,,,-• - 0 Proposed Sewer Manhole Existing Sewer Manhole 1111.1111111111111 Benefiting Properties mi. Applicant's Property Proposed Sewer Line ! I III • • Legal Descriptions and Corresponding PID #'s Applicants Property: Parcel Number: 0323059194 Legal Description: 032305 194 POR OF SE 1/4 OF NE 1/4 BEG 30 FT W&S 01-25-22 W 100 FT FR NE COR OF SUBD TH S 89-57-14 W 170.05 FT TH S 01-25-22 W 84 FT TH S 88-01-27 E 170 FT TH N 01-25-22 E 90 FT TO BEG LESS C/M RGTS Benefiting Property: Property 'A' Parcel Number: 0323059257 Legal Description: 032305 257 POR GL 1 IN NE 1/4 BEG N 88-01-27 W 30 FT&N 01-25-22 E 30 FT FR SE COR SD GL I TH N 01-25-22 E 205 FT TO TPOB TH CONT N 01=25-22 E 109 FT TH N 88-01-27 W 136.97 FT TH S 02-04-15 W 109 FT TH S 88-01-27 E 138.2 FT TO TPOB AKA PAR A UNREC SUBD#7992 Benefiting Property: Property'B' Parcel Number: 0323059224 Legal Description: 032305 224 POR OF GOV LOT 1 IN NE 1/4 OF SEC 03-23-05 DAF-BEG SE COR OF GOV LOT 1 TH 4110 N 01-25-22 E 30 FT TH N 88-01-27 W 30 FT TH N 01-25-22 E 109 FT TO TPOB TH N 01-25-22 E 96 FT TH N 88-01-27 W 138.20 FT TH S 02-04-15 W 96 FT TH S 88-01-27 E TO TPOB AKA LOT B OF KC LOT LN ADJ NO 8811012 APPROVED DECEMBER 19, 1988--SUPERCEDING KC SUBDIVISION APPLICATION NO 7992 Benefiting Property: Property 'C' Parcel Number: 0323059258 Legal Description: 032305 258 PP ACT 39912936 MOBILE HOME POR OF GOV LOT 1 IN NE 1/4 OF SEC 03-23-05 DAF -BEG SE COR OF GOV LOT 1 TH N 01-25-22 E 30 FT TH N 88-01-27 W 30 FT TO TPOB TH N 88- 01-27 W 140.52 FT TH N 02-04-15 E 109 FT TH S 88-01-27 E TOW MGN OF CO RD TH S 01-25-22 W 109 FT TO TPOB-AKA LOT C OF KC LOT LN ADJ NO 8811012 APPROVED DECEMBER 19, 1988 SUPERCEDING KC SUBDIVISION APPLICATION NO 7992 Benefiting Property: Property'D' Parcel Number: 0323059193 Legal Description: 032305 193 POR SE 1/4 OF NE 1/4 BEG 30 FT W OF NE COR TH S 01-25-22 W 100 FT TH S 89-57-14 W 170.05 FT TH N 01-25-22 E 106 FT TO N LN OF SUB TH S 88-01-27 E 170 FT TO BEG LESS C/M RGTS • Benefiting Property: Property 'E' Parcel Number:0323059004 • Legal Description: 032305 4 W 85 FT OF E 285 FT OF N 190 FT OF SE 1/4 OF NE 1/4 LESS C/M RGTS Benefiting Property: Property 'F' Parcel Number: 0323059199 Legal Description: 032305 199 PP ACT 39912910 MOBILE HOME W 85 FT OF N 190 FT OF E 370 FT OF SE 1/4 OF NE 1/4 LESS C/M RGTS • • r f ESTIMATED COST DATA AND INVENTORY #3 Estimated Cost Data and FOR POTENTIAL LATECOMER RECOVERY Inventory for Improvements 1 SUBJECT: 4149 w C CITY PROJECT NUMBERS: WTR- • PROJECT NAME:Athoweu 4/qI t°,S SGS" L47e 1,(2(c osiroh SWP- TRO- TED- TO: City of Renton FROM: 143)^0./ef\ .ncAQWe(f Plan Review Section McAl aunt/f ,5 [Lc Planning/Building/Public Works t t S� 'V /� /'J 1055 South GradyWay,6h Floor rII y d � ?',PA 7:0" • Renton,WA 98055 DATE: `/2 - Per the request of the City of Renton,the following information is furnished concerning costs for improvements proposed to be installed for the above-referenced project. WATER SYSTEM CONSTRUCTION COSTS: Length Size Type L.F.of WATERMAIN L.F.of If WATERMAIN L.F.of ,, WATERMAIN L.F.of n WATERMAIN EACH of GATE VALVES EACH of ,, GATE VALVES EACH of GATE VALVES EACH of ,, FIRE HYDRANT ASSEMBLIES $ (Cost of Fire Hydrants must be listed separately) $ Engineering Design Costs $ City Permit Fees $ Washington State Sales Tax $ TOTAL COST FOR WATER SYSTEM $ •SANITARY SEWER SYSTEM CONSTRUCTION COSTS: STORM DRAINAGE SYSTEM CONSTRUCTION COSTS: Length Size Type Length Size Type (oS L.F.of 1 ,, N VC SEWER MAIN L.P.of >, STORM LINE 14L.F.of y " PI/(_, SEWER MAIN L.F.of ,, STORM LINE 21,s L.F.of f " evc, SEWER MAIN L.F.of » STORM LINE 3 EACH of 60 " DIAMETER OF MANHOLES EA of » STORM INLET EA of STORM CATCHBASIN EA of STORM CATCHBASIN Engineering Design Costs $ 5O6v Engineering Design Costs $ City Permit Fees $ 0p City Permit Fees $ Washington State Sales Tax $ 4(0O Q Washington State Sales Tax $ (Sewer Stub-line between sewer main and private property line) $ 110050 TOTAL COST FOR SANITARY SEWER SYSTEM $ 4-1;000 TOTAL COST FOR STORM DRAINAGE SYSTEM $ STREET IMPROVEMENT: (Including Curb,Gutter,Sidewalk,Asphalt Pavement and Street Lighting). Just eS1O ct*;oh of ahyt4Imij t1u± gets 41:sYlikhed. SIGNALIZATION: (including Eng.Design Costs,City Permit Fees,WA State Sales Tax). STREET LIGHTING: (Including Eng.Design Costs,City Permit Fees, WA State Sales Tax) Wirt- /11c1towc / /—yf A —22 Y750 r �r,,,,.0 Print signatory name (day phone#) (SIG TURE) (Signatory must be authorized agent or owner of subject development) \Current Projects\LatecomcrUpdate\I-tandoutl3_CostData_Estimated.doc • CITY OF RENTON COUNCIL AGENDA BILL AI#: ‘'' I V a I •Submitting Data: Community Services For Agenda of: February 25, 2008 Dept/Div/Board. Facilities Staff Peter Renner, Facilities Director X6605 Agenda Status: Contact Consent X Subject: Public Hearing.. Approval of Purchase and Sale Agreement with King Correspondence.. County for an 8.0162 parcel of land located just west of Ordinance Monroe Avenue and south of 3rd Street in Renton. Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Purchase and Sale Agreement Information Recommended Action: Approvals: Refer to Finance Committee Legal Dept X Finance Dept X Risk Management X Fiscal Impact: Expenditure Required— $2,555,646.77 . $2,555,646.77 Transfer/Amendment 4; Spent to date ... $350,497.14 Revenue Generated Total Project Budget $13,127,000.00 City Share Total Project.. SUMMARY OF ACTION: Negotiations with King County to purchase an 8 plus acre property for a future maintenance facility are complete. The County has completed a replat of property they term "Cassidy Cove", also known as "King County Renton Maintenance Shops" that was necessary in order for them to separate and sell this particular lot. Our items of due diligence have been completed, including geotechnical engineering study, hydrological assessment, Phase I and Phase II environmental site assessments, and appraisal review. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the Purchase and Sale Agreement with King County for an 8.0162 acre parcel of land for $2,255,646.77. Authorize an additional $300,000 for continued lease expenses for the United Rentals Building for 2008, and for additional site development expenses. Funds are available from the 316 CIP Reserve Fund. I • Rentonnet/agnbill/ bh as`SY COMMUNITY SERVICES DEPARTMENT O NT MEMORANDUM DATE: February 18, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, May FROM: Terry Higashiyama Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director X6605 SUBJECT: Purchase of King County Property Issue: Should Council approve the purchase of an 8.0162 acre property from King County and authorize the Mayor and City Clerk to sign a Purchase and Sale Agreement with King County? Further, should Council approve the expenditure of an additional $300,000 for lease costs for the United Rentals Building and for site development costs of this property? • Recommendation: Authorize the Mayor and City Clerk to sign the Purchase and Sale Agreement with King County for an 8.0162 acre parcel of land for$2,255,646.77. Authorize an additional $300,000 for continued lease expenses for the United Rentals Building for 2008 and for additional site development expenses. Funds are available from the 316 CIP Reserve Fund. Background: A new maintenance facility for parks and facilities has been a high capital project priority for a number of years. However, finding a suitable piece of property has been problematic. • As programmed in 2002, the site needs to be at least five usable acres, and it should be located conveniently. • Not many five-plus acre parcels are available, and those that became available either had a much higher and better use economically, and/or they were too expensive. • We first heard that the County might have some suitable surplus land available in Renton, in 2005. In 2006, negotiations began in earnest. • By fall of 2007, we had cleared all of the departmental approvals and contingencies that were necessary for the property sale to be consummated. • h:\peter renner\peter renner 2008\issuepaperkcop&s.doc Memorandum Page 2 of 2 February 18,2008 • Background (continued) • The business terms include: o An appraised value of$2,570,000.00 was reviewed and supported by the City's contracted appraiser, Allen Brackett Shedd. This value reflects a considerable portion of the property that has steep slopes and is not usable and the limited utility of land under electric transmission lines, which is roughly 50% of the property altogether. o A credit of$314,353.00 for the City waving future sewer development fees for additional sewer service to the balance of the plat. o A net price of$2,255,647.00. o An agreement that the City will share a drainage swale outside the eastern boundary of the property with King County Solid Waste, which operates a transfer station at this site. The City will also capture and separately drain surface runoff from King County Transportation Department property to the north of the proposed sale site. o An agreement that the City will share costs for maintenance of the swale, if any. o An agreement that if either the City or the County contaminates the swale, they will assume cleanup costs respectively. o A hydrological evaluation of the site indicated that the shared swale has sufficient capacity to handle all runoff from the Transportation • Department site, the Solid Waste Department site, and the City of Renton site fully developed. Evaluation also indicates that there will be no deleterious drainage impacts on neighboring properties. o A statement that the property is sold"as is". However, the City has already performed Phase I and directed Phase II Environmental Reviews of the property and found no indication of contaminants. o There are no other contingencies, present or future, connected with this Purchase and Sale Agreement. It is a verified market rate sale of property. Conclusion: This property is entirely suitable for a new maintenance facility. While there are some site grading challenges to make the best use of the property, utilities are available and close at hand, so that site development costs should not be excessive. The property is also located very close to the existing Renton Public Works Shops Facility, which provides operational synergies. Attachments C:: Jay Covington,Chief Administrative Officer Larry Warren,City Attorney Mike Bailey,Administrator Finance/IS Gregg Zimmerman,Administrator PBPW Alex Pietsch,Administrator Economic Development • h:\peter renner\peter renner 2008\issuepaperkcop&s.doc 41) REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into as of , 2008, by and between KING COUNTY, a municipal corporation and political subdivision of the State of Washington (the "Seller") and CITY OF RENTON, a non-charter code city of the State of Washington (the"Buyer"). RECITALS A. Seller owns certain real property located in Renton, County of King, State of Washington, which consists of 8.0162 acres, commonly identified as a portion of the King County Renton Maintenance Shops, the legal description of which is attached hereto as EXHIBIT A (the"Property"). B. Seller is desirous of selling the Property and Buyer is desirous of purchasing the Property. AGREEMENT Now, THEREFORE, in consideration of the promises and mutual covenants contained • herein, and other valuable consideration, receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: ARTICLE 1. PURCHASE AND TRANSFER OF ASSETS 1.1. PROPERTY TO BE SOLD. Subject to and upon the terms and conditions set forth in this Agreement, Seller shall sell, convey, assign, transfer and deliver to Buyer on the Closing Date (as hereinafter defined) and Buyer shall buy, assume and accept from Seller on the Closing Date the following assets and properties: (a) all the Seller's right, title and interest in the Property, as described in EXHIBIT A ; subject to Seller's retention of asdescribed J in EXHIBIT B; (b) all of Seller's right, title and interest in improvements and structures located on the Property, if any; (c) all of Seller's right, title and interest in and to tangible personal property, if any, owned by the Seller and attached, appurtenant to or used in connection with the Property ("Personal Property"); • Real Estate Purchase Agreement 1 • (d) all of Seller's tenements, hereditaments, easements and rights appurtenant to the Property including but not limited to, all of the Seller's right, title, and interest in and to • streets, alleys or other public ways adjacent to the Property, easements for public utilities, all sewers and service drainage easements, all rights of connection to the sewers, and all rights of ingress and egress, and all leases, licenses, government approvals and permits affecting the Property; and Hereinafter,the items listed in Section 1.1 are collectively referred to as the"Purchased Assets." ARTICLE 2. PURCHASE PRICE 2.1. PURCHASE PRICE AND PAYMENT. In consideration of the sale, transfer, conveyance, assignment and delivery of the Purchased Assets, Buyer shall, in full payment therefore, pay to Seller on the Closing Date a total purchase price of Two Million Two Hundred Fifty-Five Thousand Six Hundred Forty-Six and 77100 ($ 2,255,646.77 ) (the"Purchase Price"). 2.2. ALLOCATION OF PURCHASE PRICE. Seller and Buyer agree that the entire Purchase Price is allocable to real property and that the value of the Personal Property, if any, is de minimus. ARTICLE 3. • REPRESENTATIONS AND WARRANTIES OF THE PARTIES 3.1. WARRANTIES AND REPRESENTATIONS OF SELLER. Seller represents and warrants as follows: 3.1.1. Definition of Seller. The Seller is a municipal corporation and subdivision of the State of Washington duly organized, validly existing and in good standing under the laws of the State of Washington. Seller has all requisite corporate power and authority to carry on its business as it is now being conducted in the place where such businesses are now conducted. 3.1.2. Execution, Delivery and Performance of Agreement, Authority. The execution, delivery and performance of this Agreement by Seller (i) is within the powers of Seller as a municipal corporation, (ii)has been or will be on or before the closing date, duly authorized by all necessary action of the Seller's legislative authority, and (iii) does not and will not violate any provision of any law, rule, regulation, order, writ, judgment, decree or award to which the Seller is a party or which is presently in effect and applicable to Seller. This agreement constitutes the legal, valid and binding obligation of Seller enforceable against Seller in accordance with the terms thereof. 411 Real Estate Purchase Agreement 2 3.1.3. Litigation. There is no pending, or to the best of Seller's knowledge, • threatened lawsuit or material claim against or relating to Seller with respect to the Property, which shall impede or materially affect Seller's ability to perform the terms of this Agreement. There is no pending or, to the best of Seller's knowledge, contemplated condemnation or similar proceeding with respect to the Property or any part thereof. 3.1.4. Assessments. There is no pending, or to the best of Seller's knowledge, contemplated local improvement district or other special assessment or charge with respect to the Property,except as may be disclosed in the Title Commitment described below. 3.1.5. Full Disclosure. No representation or warranty by Seller in this Agreement or in any instrument, certificate or statement furnished to Buyer pursuant hereto, or in connection with the transactions contemplated hereby, contains or will contain any untrue statement of a material fact or fails to state a material fact which is necessary to make the statements set forth therein not false or misleading. 3.1.6. No Broker. No broker, finder, agent or similar intermediary has acted for or on behalf of Seller in connection with this Agreement or the transactions contemplated hereby, and no broker, finder, agent or similar intermediary is entitled to any broker's, finder's or similar fee or commission in connection with this Agreement based on an agreement,arrangement or understanding with Buyer or any action taken by Buyer. 3.1.7. Contracts. There are no contracts or other obligations outstanding for the sale, exchange,transfer,lease,rental or use of the Property or any portion thereof. 3.1.8. Future Agreements. From and after the date hereof unless this Agreement is terminated in accordance with its terms,Seller shall not without the prior written consent of Buyer: 111 (i) enter into any agreement, contract, commitment, lease or other transaction that affects the Property in any way; or (ii) sell, dispose of or encumber any portion of the Property; 3.1.9. Maintenance of the Property. Seller shall continue to maintain the Property in compliance with all applicable laws and pay all costs of the Property with respect to the period prior to Closing. 3.1.10. Condition of the Property. Seller has not intentionally withheld any material information concerning environmental matters with respect to the Property. To the best of Seller's knowledge (i)there has been no generation, treatment, storage, transfer, disposal or release of Hazardous Substances on the Property at any time during Seller's ownership or use thereof; (ii)there are no underground storage tanks on the Property nor have underground storage tanks been removed from the Property; and (iii) Seller is not aware of any facts which would lead it to believe that there are any Hazardous Substances on the Property. For purposes of this Agreement, the term Hazardous Substances shall mean: "hazardous substance" as defined in the Comprehensive Environmental Response,Compensation and Liability Act of 1980,as amended("CERCLA");"hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 ("RCRA") as amended; hazardous wastes, hazardous materials, hazardous substances, toxic waste, toxic materials, or toxic substances as defined in state or federal statutes or regulations; asbestos-containing materials, polychlorinated biphenyls; radioactive materials, chemicals known to cause cancer or reproductive toxicity;petroleum products, distillates or fractions; any substance the presence of which is prohibited by statute or regulation; and any substance for which any statute or regulation requires a permit or special handling in its use,collection,storage,treatment or disposal. 3.1.11. Assistance with Due Diligence. Seller shall fully and promptly cooperate with • Buyer's due diligence activities; provided that such cooperation is at no additional Real Estate Purchase Agreement 3 expense or liability to Seller. Seller shall promptly deliver to Buyer all documents and • materials concerning the Property which Buyer may request during the Due Diligence Period (as defined in Section 5.1) that are in Seller's possession or control. 3.1.12. Risk of Loss. Until the Closing Date, the risk of loss relating to the Property shall rest with the Seller. Risk of Loss shall be deemed to include any property damage occurring as a result of an"Act of God," including,but not limited to, earthquakes, tremors, wind, rain or other natural occurrence. 3.1.13. Foreign Person. Seller is not a foreign person and is a"United States Person" as such term is defined in Section 7701 (a) (30) of the Internal Revenue Code of 1986, as amended and shall deliver to Purchaser prior to the Closing an affidavit, as set forth in Exhibit D, evidencing such fact, and such other documents as may be required under the Code. 3.2. REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer represents and warrants as follows: 3.2.1. Organization. Buyer is a non-charter code city, duly organized, validly existing and in good standing under the laws of the State of Washington. Buyer has all requisite corporate power and authority to carry on its business as it is now being conducted in the place where such businesses are now conducted. 3.2.2. Execution, Deliveryand Performance of Agreement, Authority. The • execution, delivery and performance of this Agreement by Buyer (i) is within the powers of Buyer as a municipal corporation, (ii) has been or will be on or before the closing date, duly authorized by all necessary action of the Buyer's legislative authority, and (iii) does not and will not violate any provision of any law, rule, regulation, order, writ,judgment, decree or award to which the Buyer is a party or which is presently in effect and applicable to Buyer. This agreement constitutes the legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with the terms hereof 3.2.3. Litigation. There is no pending or, to the best of Buyer's knowledge, threatened lawsuit or material claim against or relating to Buyer that shall impede or materially affect Buyer's ability to perform the terms of this Agreement. 3.2.4. Full Disclosure. No representation or warranty by Buyer in this Agreement or in any instrument, document, certificate or statement furnished to Seller pursuant hereto, or in connection with the transactions contemplated hereby, contains or will contain any untrue statement of a material fact. 3.2.5. Condition of Property. Buyer acknowledges that, within the Due Diligence Period, it will have conducted a physical inspection and made all investigations Buyer deems necessary in connection with its purchase of the Purchased Assets, and that, as of the date • hereof, Seller has provided Buyer with copies of all reports in Seller's possession that have been Real Estate Purchase Agreement 4 i requested by Buyer. Upon waiver or satisfaction by Buyer of its contingencies pursuant to • Article 5, Buyer will be deemed to have approved the physical condition of the Property and agrees to accept and purchase the same "AS IS, WHERE IS", including, without limitation, the existence or non-existence of any pollutants, contaminants, hazardous waste, dangerous waste, toxic waste, underground storage tanks or contaminated soil, or the actual or threatened release, deposit seepage, migration or escape of such substances at, from or into the Property and the compliance or noncompliance of the Property with applicable federal, state, county and local laws and regulations including, without limitation, environmental laws and regulations. Buyer acknowledges and agrees that, except to the extent of Seller's representations and warranties in Section 3.1 of this Agreement, and to the extent of any fraud or deliberate misrepresentation by Seller, Seller shall have no liability for, and that Buyer shall have no recourse against the Seller for, any defect or deficiency of any kind whatsoever in the Property, without regard to whether such defect or deficiency was discovered or discoverable by the Buyer or Seller. 3.2.6. No Broker. No broker, finder, agent or similar intermediary has acted for or on behalf of Buyer in connection with this Agreement or the transactions contemplated hereby, and no broker, finder, agent, or similar intermediary is entitled to any broker's, finder's or similar fee or commission in connection with this Agreement based on an agreement, arrangement, or understanding with the Buyer or any action taken by the Buyer. • ARTICLE 4. TITLE MATTERS 4.1. TITLE. Seller shall deliver to Buyer good and marketable title, free and clear of all liens, defects and encumbrances except the Permitted Exceptions. 4.1.1. Title Commitment. Seller shall obtain a current ALTA form of commitment for an owner's extended policy of title insurance (the "Title Commitment") issued by Pacific Northwest Title Company, Inc. (the "Title Company"), describing the Property, listing Buyer as the prospective named insured and showing as the policy amount the total Purchase Price for the Property. At such time as the Title Company causes the Title Commitment to be furnished to Buyer, the Title Company shall further cause to be furnished to Buyer legible copies of all instruments referred to in the Title Commitment as restrictions or exceptions to title to the Property. 4.1.2. Survey. Prior to the expiration of the Due Diligence Period (as defined in Section 5.2), Buyer shall have the option, at its expense, to have prepared and furnished to the Title Company and Buyer a survey (the "Survey") of the Property prepared by a licensed public surveyor. The Survey shall be certified to Buyer and the Title Company, shall be satisfactory to the Title Company so as to permit it to issue an owner's extended coverage title policy, identify the Property by legal description and shall set forth the number of square feet contained within the Property, show all natural monuments, existing fences, drainage ditches and/or courses, flood • plain limits, any building or other site improvements and/or objects, any rights-of-way for streets, Real Estate Purchase Agreement 5 .71 existing driveways, alleys or highways, easements and other restriction lines existing and/or • proposed which shall affect any portion of the Property, and such other items as required by Buyer. 4.1.3. Review of Title Commitment and Survey. Buyer shall have until fourteen (14) days after receipt of the last of the Title Commitment and the Survey(the "Review Period") in which to notify Seller of any objections Buyer has to any matters shown or referred to in the Title Commitment or Survey and of any title insurance endorsements required by Buyer. Any exceptions or other items that are set forth in the Title Commitment or the Survey and to which Buyer does not object within the Review Period shall be deemed to be permitted exceptions ("Permitted Exceptions"). With regard to items to which Buyer does object within the Review Period, Seller shall notify Buyer within ten (10) days after Seller receives Buyer's notice of objections of any exceptions to title or items on the survey which Seller is not able to remove or otherwise resolve and any endorsements that Seller is not able to provide following Buyer's request within the Review Period, and Buyer may, at Buyer's option, either waive the objections not cured or Buyer may terminate this Agreement by notice to Seller. Notwithstanding the foregoing, all monetary liens or encumbrances shall be paid by Seller at Closing. 4.2. OWNERS TITLE INSURANCE POLICY. At the closing, Seller shall cause an owner's policy of title insurance to be issued by the Title Company in the full amount of the purchase price, effective as of the closing date, insuring Buyer that the fee simple title to the Property is vested in Buyer, subject only to the usual printed exceptions contained 11111 in such title insurance policy, to the matters approved by Buyer as provided herein, and to any other matters approved in writing by Buyer. The obligation of Seller to provide the title policy called for herein shall be satisfied if, at the closing, the Title Company has given a binding commitment, in a form reasonably satisfactory to Buyer, to issue the policies in the form required by this section. Seller shall pay any sum owing to the Title Company for the preparation of the preliminary and binding commitments generated by the Title Company. 4.3. CONVEYANCE. Seller shall convey to Buyer the title to the Property by special warranty deed in the form attached hereto as Exhibit B, subject only to the Permitted Exceptions. Rights reserved in federal patents or state deeds, building or use restrictions general to the district, and building or zoning regulations or provisions shall be deemed Permitted Exceptions. ARTICLE 5. CONTINGENCIES 5.1. DUE DILIGENCE PERIOD. The obligations of Buyer under this Agreement are subject to the satisfaction or waiver of the contingencies set forth in this Article 5 within twenty-one(21) days following the date of mutual execution of this Agreement ( "Due Diligence Period" ) In the event any one or more of the contingencies herein set forth is • not satisfied or waived within the Due Diligence Period, Buyer may terminate this Real Estate Purchase Agreement 6 Agreement upon written notice to Seller on or before the expiration of the Due Diligence • Period, and neither party shall have any further rights or obligations to the other hereunder. Buyer shall be the sole judge as to whether the contingencies shall have been satisfied. 5.2. INSPECTIONS AND FEASIBILITY. The condition of the Property for Buyer's contemplated use and the feasibility of such use shall meet the approval of Buyer, in Buyer's sole discretion. During the Due Diligence Period, Buyer, its designated representatives or agents shall have the right at Buyer's expense to (i) perform any and all tests, inspections, studies, surveys or appraisals of the Property deemed necessary on any subject by Buyer(subject to the limitations set forth below); (ii) obtain a Phase I or Phase II Environmental Assessment on the Property; (iii) examine all due diligence materials that Buyer may request from Seller; (iv) determine to its satisfaction whether approvals, permits and variances for the Project can be obtained under applicable land use and zoning codes for Buyer's proposed development of the Project on the Property; (v) and determine whether Buyer's proposed development of the Project is economically feasible. 5.2.1. RIGHT OF ENTRY. Buyer and Buyer's designated representatives or agents shall have the right and Seller hereby grants to Buyer and Buyer's designated 411) representatives the right to enter the Property and conduct the tests, investigations and studies set forth in this Article 5 upon days advance written notice; provided that such right of entry will be limited to those times and dates that will not disrupt Seller's operations and activities on the Property. Invasive tests of the Property, such as drilling or excavation shall be subject to Seller's prior written approval. ARTICLE 6. COVENANTS OF SELLER PENDING CLOSING 6.1 CONDUCT,NOTICE OF CHANGE. Seller covenants that between the date hereof and the Closing, Seller shall take all such actions as may be necessary to assure that the representations and warranties set forth in Article 3 hereof will be true and complete as of the Closing Date(except such representations, warranties and matters which relate solely to an earlier date), and all covenants of Seller set forth in this Agreement which are required to be performed by it at or prior to the Closing shall have been performed at or prior to the Closing as provided for in this Agreement. Seller shall give Buyer prompt written notice of any material change in any of the information contained in the • Real Estate Purchase Agreement 7 representations and warranties made in Article 3 or elsewhere in this Agreement which occurs prior to the Closing Date. • ARTICLE 7. COVENANTS OF BUYER PENDING CLOSING 7.1 CONDUCT,NOTICE OF CHANGE. Buyer covenants that between the date hereof and the Closing, Buyer shall take all such actions as may be necessary to assure that the representations and warranties set forth in Article 3 hereof will be true and complete as of the Closing Date (except such representations, warranties and matters which relate solely to an earlier date), and that all covenants of Buyer set forth in this Agreement which are required to be performed by it at or prior to the Closing shall have been performed at or prior to the Closing as provided in this Agreement. Buyer shall give Seller prompt written notice of any material change in any of the information contained in the representations and warranties made in Article 3 or elsewhere in this Agreement which occurs prior to the Closing Date. ARTICLE 8. CONDITIONS PRECEDENT TO BUYER'S OBLIGATIONS All obligations of Buyer hereunder are subject to the fulfillment of each of the following • conditions at or prior to the Closing, and Seller shall exert its best efforts to cause each such condition to be fulfilled: 8.1. DELIVERY OF DOCUMENTS. Seller shall have delivered to Buyer at or prior to closing all documents required by the terms of this agreement to be delivered to Buyer. 8.2. REPRESENTATIONS, WARRANTIES AND COVENANTS. All representations, warranties and covenants of Seller contained herein or in any document delivered pursuant hereto shall be true and correct in all material respects when made and as of the Closing Date. 8.3. OBLIGATIONS. All obligations required by the terms of this Agreement to be performed by Seller at or before the Closing shall have been properly performed in all material respects. 8.4. TITLE. Any and all matters shown or referred to in the Title Commitment to which Buyer has objected within the time specified in Section 4.1, shall have been cured by Seller, unless such objections have been waived by Buyer. The Title Company is irrevocably committed to issue an owner's extended coverage policy of title insurance containing no exceptions other than the Permitted Exceptions. 8.5 APPROVAL OF COUNSEL. Seller's counsel shall have approved this document as to form as evidenced by such counsel's signature on this Agreement. • Real Estate Purchase Agreement 8 f 8.6. CONDEMNATION. No portion of the Purchased Assets shall have been taken or • damaged by any public or quasi-public body, and Seller shall not have transferred any portion of the Purchased Assets to any such body in lieu of condemnation. ARTICLE 9. CONDITIONS PRECEDENT TO SELLER'S OBLIGATIONS All obligations of Seller to close on the Closing Date are subject to the fulfillment of each of the following conditions at or prior to the Closing, and Buyer shall exert its best efforts to cause each such condition to be so fulfilled: 9.1. REPRESENTATIONS,WARRANTIES AND COVENANTS. All representations, warranties and covenants of Buyer contained herein or in any document delivered pursuant hereto shall be true and correct in all material respects when made and as of the Closing Date. 9.2. OBLIGATIONS. All obligations required by the terms of this Agreement to be performed by Buyer at or before the Closing shall have been properly performed in all material respects. 9.3. APPROVAL OF COUNSEL. Buyer's counsel shall have approved this document as to form as evidenced by such counsel's signature on this Agreement. • 9.4. DELIVERY OF DOCUMENTS. Buyer shall have delivered to Seller at or prior to Closing all documents required by the terms of this Agreement to be delivered to Seller. ARTICLE 10. CLOSING 10.1. CLOSING/CLOSING DATE. The Closing shall take place on 2008 or such earlier date as may be mutually agreed upon by the parties, unless extended pursuant to a written agreement executed by Buyer and Seller. Upon execution of this Agreement, the parties agree to set up an escrow account with Pacific Northwest Title Company (the "Escrow Agent"). The Escrow Agent shall serve as closing agent for the transaction contemplated herein and closing shall occur in the offices of Escrow Agent in Washington. The title, right of possession and interest to the Purchased Assets shall pass to Buyer upon the Closing Date and thereafter the risk of loss thereof shall be the responsibility of Buyer. 10.2. PRORATIONS. All prorations, unless otherwise specifically provided for herein, shall be made as of the Closing Date. • Real Estate Purchase Agreement 9 10.2.1. Closing Costs. Seller shall pay the cost of one-half('/z) of the escrow fee charged by the Escrow Agent, any real estate excise or other transfer tax due, and its own el attorneys' fees. Buyer shall pay one-half(l ) of the escrow fee charged by the Escrow Agent, the cost of the preliminary and binding title commitments from the Title Company, the recording fees for the deed and its own attorneys' fees. Except as otherwise provided in this Section 10.2, and Section 9.4 above, all other expenses hereunder shall be paid by the party incurring such expenses. 10.3. MONETARY LIENS. Except as otherwise expressly provided to the contrary in this Agreement, Seller shall pay or cause to be satisfied at or before Closing all monetary liens on or with respect to all or any portion of the Property. If Seller fails to satisfy said liens, the Purchase Price shall be reduced by the amounts due to satisfy and discharge the liens. 10.4. SELLER'S DELIVERY OF DOCUMENTS AT CLOSING. At the Closing, Seller will deliver to Buyer the following properly executed documents: (a) A Special Warranty Deed conveying the Property in the form of Exhibit B attached hereto; (b) A Bill of Sale and Assignment duly executed by the Seller in the form of EXHIBIT C, attached hereto for the Personal Property, if any; (c) Seller's Certificate of Non-Foreign status substantially in the form of EXHIBIT D, attached hereto; • 10.5. BUYER'S DELIVERY OF DOCUMENTS AND PURCHASE PRICE AT CLOSING. At the Closing, Buyer will deliver to Seller the following properly executed documents: (a) Cash or immediately available funds in the amount of the Purchase Price. ARTICLE 11. TERMINATION 11.1. TERMINATION BY EITHER PARTY. Either party may terminate this Agreement if a condition to its obligation to consummate the transactions contemplated by this Agreement as set forth in Articles 8 and 9 has not been satisfied by the Closing Date. In that event, if neither party is in default under this Agreement, the parties shall have no further obligations or liabilities to one another and all documents delivered into escrow shall be returned to the appropriate party. ARTICLE 12. MISCELLANEOUS PROVISIONS 12.1. NATURE AND SURVIVAL OF REPRESENTATIONS AND WARRANTIES. Each • Real Estate Purchase Agreement 10 statement, representation, warranty, indemnity, covenant, and agreement made by Seller and • Buyer in this Agreement or in any document, certificate or other instrument delivered by or on behalf of Seller or Buyer pursuant to this Agreement or in connection herewith shall be deemed the representation, warranty, indemnity, covenant and agreement of Seller and Buyer and shall survive the Closing Date unless a different time period is expressly provided for in this Agreement and all such statements are made only to and for the benefit of the parties hereto, and shall not create any rights in other persons. 12.2. DEFAULT AND ATTORNEYS' FEES. In the event of default by either party to this Agreement, the non-defaulting party shall have the right to bring an action for specific performance, damages and any other remedies available to such party at law or in equity. In the event of any litigation hereunder, the Superior Court of King County, Washington shall have the exclusive jurisdiction and venue. 12.3. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this Agreement. 12.4. NOTICES. Any and all notices or other communications required or permitted to be given under any of the provisions of this Agreement shall be in writing and shall be deemed to have been duly given upon receipt when personally delivered or sent by overnight courier or two days after deposit in the United States mail if by first class, certified or registered mail, return receipt requested. All notices shall be addressed to the parties at the addresses set forth below or at such other addresses as any parties may specify by notice to all other parties and given as • provided herein: If to Buyer: Peter Renner, Facilities Director, City of Renton 1055 S. Grady Way, Renton, WA 98057 With a copy to: If to Seller: Wayne Richardson, Manager, Real Estate Services 500 4TH Ave., Room 500, Seattle, WA 98104 With a copy to: Ian Taylor, Sr. Deputy Prosecuting Attorney King County Courthouse, 516 Third Ave. Seattle, WA 98104 With a copy to: 12.5. ENTIRE AGREEMENT AND AMENDMENT. This writing (including the Exhibits attached hereto) constitutes the entire agreement of the parties with respect to the Real Estate Purchase Agreement 11 subject matter hereof and may not be modified or amended except by a written agreement • specifically referring to this Agreement and signed by all parties hereto. 12.6 SEVERABILITY. In the event any portion of this Agreement shall be found to be invalid by any court of competent jurisdiction, then such holding shall not impact or affect the remaining provisions of this Agreement unless that court of competent jurisdiction rules that the principal purpose and intent of this contract should and/or must be defeated, invalidated or voided. 12.7 WAIVER. No waiver of any breach or default hereunder shall be considered valid unless in writing and signed by the party giving such waiver, and no such waiver shall be deemed a waiver of any prior or subsequent breach or default. 12.8 BINDING EFFECT. Subject to Section 12.12 below, this Agreement shall be binding upon and inure to the benefit of each party hereto, its successors and assigns. 12.9 LEGAL RELATIONSHIP: The parties to this Agreement execute and implement this Agreement solely as Seller and Buyer. No partnership,joint venture or joint undertaking shall be construed from this Agreement. 12.10 CAPTIONS. The captions of any articles, paragraphs or sections contained herein are for purposes of convenience only and are not intended to define or limit the contents of said articles, paragraphs or sections. 12.11 COOPERATION. Prior to and after Closing the parties shall cooperate, shall take such further action and shall execute and deliver further documents as may be reasonably requested by the other party in order to carry out the provisions and purposes of this Agreement. 12.12 GOVERNING LAW. This Agreement and all amendments thereof shall be governed by and construed in accordance with the laws of the State of Washington applicable to contracts made and to be performed therein, without giving effect to its conflicts of law provisions. 12.13 NON-MERGER. The terms and provisions of this Agreement will not merge in, but will survive, the closing of the transaction contemplated under this Agreement. 12.14 ASSIGNMENT. Buyer shall not assign this Agreement or any rights hereunder without Seller's prior written consent, which shall not be unreasonably withheld. 12.15 NEGOTIATION AND CONSTRUCTION. This Agreement and each of its terms and provisions are deemed to have been explicitly negotiated between the parties, and the language in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not strictly for or against either party. All parties acknowledge and represent, as an express term of this Agreement, that they have had the opportunity to obtain and utilize legal review of the terms and conditions outlined in this Agreement, although each party must determine if they wish to obtain and pay for such legal review. Each party shall be and is separately responsible for payment of any legal services rendered on their behalf regarding legal review of the terms found in this Agreement. 12.16 EXHIBITS. The following Exhibits described herein and attached hereto are fully incorporated into this Agreement by this reference: EXHIBIT A Legal Description EXHIBIT B Special Warranty Deed • Real Estate Purchase Agreement 12 EXHIBIT C Bill of Sale and Assignment • EXHIBIT D Certificate of Non-Foreign Status EXHIBIT E Sanitary Sewer and Stormwater Provisions EXECUTED as of the date and year first above written: SELLER: Name: Title: Approved as to Form: By Deputy Prosecuting Attorney BUYER: Name: Its: STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me , to me known to be the of KING COUNTY,the municipal corporation and political subdivision of the State of Washington that executed the foregoing instrument,and acknowledged such instrument to be the free and voluntary act and deed of such municipal corporation and political subdivision, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of ,200 . Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me ,the Real Estate Purchase Agreement 13 • of , known to me to be the • Buyer that executed the foregoing instrument, and acknowledged such instrument to be [his/her] free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of ,200 . Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires 41111 EXHIBIT A. Legal Description • Real Estate Purchase Agreement 14 • • EXHIBIT B. Special Warranty Deed • Real Estate Purchase Agreement 15 • • EXHIBIT C. Bill of Sale and Assignment. BILL OF SALE AND ASSIGNMENT Ili Real Estate Purchase Agreement 16 THIS BILL OF SALE is made as of this day of , 200_, by KING COUNTY ("Seller"), in • favor of reference subdivision of the State of Washington ("Buyer"), with reference to the following facts. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Seller does hereby absolutely and unconditionally give,grant,bargain,sell,transfer,set over,assign, convey, release, confirm and deliver to Buyer all of Seller's right, title and interest in and to any and all equipment, furniture, furnishings, fixtures and other tangible personal property owned by Seller that is attached, appurtenant to or used in connection with the real property legally described on the attached Exhibit A. Seller represents and warrants that it is the sole owner of, and has good title to, such personal property, and has full right and authority to transfer and deliver the same, and will defend the sale hereby against each and every person claiming otherwise. IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written. SELLER: By: Its: EXHIBIT D. • Certificate of Non-Foreign Status. EXHIBIT E Sanitary Sewer and Storm-water Provisions • Real Estate Purchase Agreement 17 The fee for the County's remaining portion of the East Renton sewer development is $314,353.23 and has been deducted from the agreed value of$2,570,000.00 of Lot B, Cassidy 41) Cove as a credit against the sale price and in lieu of payment for the remainder of its sanitary sewer system development fee. King County may connect any new development on the entire 60.02 acres of its Lot A, Cassidy Cove property to the City of Renton's sanitary sewer system at any time in the future once the City issues the appropriate permits for the work. The City will collect storm-water from County property immediately north of Lot B, Cassidy Cover, provide treatment and detention of this storm-water, and then pipe the water to the infiltration depression on the County(Solid Waste) property which is being utilized by the City for storm-water infiltration for the entire Lot B parcel. The County storm-water will be separately detained to allow isolation in the event of a spill of hazardous material on the County property. If such an event occurs,the County agrees to pay for the cost of handling hazardous material,including disposal, cleaning of systems, and any impact on the infiltration depression. The cost of maintaining the infiltration depression bio-swale located on the County property will be shared equally by the City and the County. • • Real Estate Purchase Agreement 18 0 I C 1 a 1 \---„, . „., r___' I 1 I.I fT I I.(&7.k>4 14Ai=414 #�h4 14 h4'1�4#�t-I 111 I I i I I /;',i/ /`/ / ,, i.PR,AoyFSSa. .V 29 STAFF PARKING SPACES® 10 X 20' - GATE :,• ,//,i /' /f / / BUILDING g #41r,/ ,' /' - STEEP SLOPE .,,..,. _.....,,....v...�. - - /1IV �`rirS, s AREA 1 •,,...1 I I TPt,4 4,414 1,91,144.1 I I -�...,,., 'y,,,,yk,,,!ysy yy E-rr A D PAttNttF1 r / ',o• elp. if 7"--0, :', f� ' 'cutis o E.,:-; °T YARD / 41. /i/ ,I , ' / / /, ' NE 2nd ST MINERAL BINS ... i�# ,-'- , • OPEN YARD ,4',Y' , / // / .'b <' yre ; // /! N / I. IIII % . — STEEP SLOPE I / AREA 2 \ /; — )) •' / / S�", y'i.� ".♦♦,`,�i TRANSFER / ' �4 • -4'i� STATION 4.11' - .40....•:!.. i/ } 0 50' 100' GIES / ' f / . SCALE IN FEET \\•••\ 71) /\ • RENTON MAINTENANCE FACILITY- APPROACH 9b WITH 1 .8 ACRES TO THE NORTH KING COUNTY PROPERTY AREA 2-POWER LINES ORIGINAL AREA:6.2 ACRES (270.700 SF) WAGNER ARCHITECTS PROPOSED ADDITIONAL AREA:APPROX.1.8 ACRES 19 February 2008 (77,500 SF) (WITH STEEP SLOPES) LIMITED USE:3.5 ACRES SCALE 1"=100 (150,600 SF) CITY OF RENTON COUNCIL AGENDA BILL ) (",„/AIN: 1. 1 • Submitting Data: For Agenda of: Dept/Div/Board.. Community Services/Parks February 25, 2008 Staff Contact Terry Flatley - x6600 Agenda Status Consent X Subject: Public Hearing.. Agreement for Services - Kaleidoscope Services - Correspondence.. 2008- 2010 Flower Program Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Agreement for Services Information Attachment A - Scope of Work Recommended Action: Approvals: Refer to Community Services Committee Legal Dept Yes Finance Dept Other Fiscal Impact: ii• Expenditure Required... $50,235.57 Amount Budgeted $60,000.00 Revenue Generated Total Project Budget $50,235.57 City Share Total Project.. $50,235.57 SUMMARY OF ACTION: A Request for Proposals was advertised during December 2007 for the City's Flower Program. The Flower Program includes: • Hanging flower baskets along downtown streets at 60 light pole locations • Flower pots and planters at Renton City Hall, Renton Main Library and the Parks Maintenance Shop on Bronson Way • Flower beds at Renton City Hall, Veterans Memorial Park and Heritage Park Kaleidoscope Services submitted the lowest quote compared with two other companies submitting proposals - TruGreen LandCare and Northwestern Landscape Company. Kaleidoscope Services has provided satisfactory service to the City in prior years. The Agreement for Services is for a three-year period from 2008 through 2010 and is contingent upon funding in any one of the three years. The Agreement includes the option to renew for one additional three-year period. Kaleidoscope Services will supply all flowers, materials, equipment, labor and regular maintenance during the Agreement period in accordance with Attachment A, Scope of Work. STAFF RECOMMENDATION: ()Authorize the Mayor and City Clerk to enter into the Agreement for Services with Kaleidoscope Services to perform flower planting and maintenance in accordance with the Scope of Work. Rentonnet/agnbill/ bh fSY �;; ®O COMMUNITY SERVICES DEPARTMENT MEMORANDUM DATE: February 4, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayo NM 'P FROM: Terry HigashiyamaCommunity Services Administrator STAFF CONTACT: Leslie Betlach, Parks Director(x-6619) Terry Flatley, Parks Maintenance Manager(x-6601) SUBJECT: Agreement for Services with Kaleidoscope Services 2008-2010 Flower Program ISSUE Should the Mayor and City Clerk be authorized to execute the Agreement for Services with Kaleidoscope Services to perform flower planting and maintenance services for the City's Flower Program? RECOMMENDATION Authorize the Mayor and City Clerk to execute the Agreement for Services with Kaleidoscope • Services in the amount of$50,235.57 to perform flower planting and maintenance services for the City's Flower Program. BACKGROUND SUMMARY During the period 2005 through 2007, TruGreen LandCare provided service for the City's Flower Program. A Request for Proposals was advertised in December 2007 and Kaleidoscope Services was awarded the project based on cost and prior experience with the City. This agreement is for a three(3)year period,2008-2010,provided funding is available in any one of the three years. The Flower Program is comprised of the following: • Hanging flower baskets — 120 hanging flower baskets mounted on 60 light poles in the downtown area; • Flower pots and planters — 9 flower pots and 8 planters at Renton City Hall; 2 pots and 2 planters at Renton Main Library; 2 flower pots at the Parks Maintenance shop on Bronson Way; • Flower beds —Annual flower bed at Renton City Hall; Annual and perennial flower bed at Veterans Memorial Park; annual and perennial flower bed at Heritage Park. Attachment A—Scope of Work provides detailed specifications for the Flower Program. CONCLUSION Kaleidoscope Services is familiar with Renton's Flower Program and provided satisfactory • service in prior years. Kaleidoscope will maintain the existing winter beds until the Spring planting begins in May. Numerous compliments from Renton residents, visitors, and other cities about the City's Flower Program have been received. c:\documents and settings\tflatley\desktop\parksdivision\contracts\flowerprogram\08.010agreement\2008-035mb(issue paper flower program).doc Uti�Y o.6\ H • CITY OF RENTON COMMUNITY SERVICES DEPARTMENT CONTRACT AGREEMENT THIS AGREEMENT is made as of the day of , 2008, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Kaleidoscope Services , hereinafter referred to as "CONTRACTOR", to provide services for the 2008—2010 Flower Program described in Attachment A, Scope of Work. The 2008—2010 Flower Program consists of the Hanging flower baskets, flower pots and planters and flower beds and include the growing, supplying and maintaining healthy plants, installation of plants, providing materials, supplies and all replacement materials and supplies at various locations in Renton, Washington. The City and Contractor agree as set forth below. 1. Scope of Services. The Contractor will provide all material and labor necessary to perform all required plant maintenance services described in Attachment A, City of Renton 2008—2010 Flower Program, Scope of Work(Section 9 of Request for Proposals) which is included with this Agreement. 2. Changes in Scope of Services. The City, without invalidating the Contract, may order changes in the • Services consisting of additions, deletions or modifications, the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Discretionary Work Request Form, signed by the City and the Contractor. 3. Time of Performance. The Contractor shall water plants seven (7)days a week, Monday through Sunday, including holidays recognized by the City or on a pre-approved schedule. The plants are to be grown and installed in the flower baskets, pots and planters, and flower beds according to the schedule defined in Attachment A, Scope of Work. 4. Term Of Contract.The Term of this Agreement shall be for a period from January 1, 2008 and continuing for three years until December 31, 2010 and is contingent upon available funding by the City in any one of the three years. This Agreement may be extended for additional periods of time upon mutual written agreement of the City and the Contractor. 5. Contract Sum. In consideration of the Contractor performing the specified services, the City agrees to pay the Contractor an amount not to exceed, $50,235.57 , per year and includes Washington State Sales Tax. In the event the City desires additional services other than those described in the Scope of Work, the Contractor agrees to perform such services according to the attached Kaleidoscope Services Proposal exhibit or for an amount negotiated by the Parties, whichever is less. 6. Method of Payment. Payment by the City for the services will only be made after the services have been performed and a voucher or invoice is submitted in the form specified by the City. Payment will • be made thirty(30) days after receipt of such voucher or invoice. The City shall have the right to be made thirty(30)days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Contractor for any work not completed in a satisfactory manner until such time • as the Contractor modifies such work so that the same is satisfactory. 7. Prevailing Wage Rates. Prevailing wages, in accordance with RCW 39.12, applies to this contract. The Contractor shall pay no less than the prevailing wage rate to all employees. The Contractor shall submit a "Statement of Intent to Pay Prevailing Wages," and an "Affidavit of Wages Paid," in compliance with RCW 39.12.040. 8. Warranty. The contractor warrants for itself and all of its employees that they have the requisite training, skill and experience necessary to provide the services specified in the Scope of Work and are appropriately accredited and licensed by all applicable agencies and governmental entities. 9. Independent Contractor. The Contractor and City agree that the Contractor is an independent contractor with respect to the services provided under this Agreement. Neither the Contractor nor any employee of the Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The Contractor shall be responsible for paying all applicable taxes including income and business taxes. 10. Discrimination Prohibited. Contractor, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap,or sexual orientation, in the selection and/or retention of employees, or procurement of materials or supplies. The Contractor shall complete the"Affidavit of Compliance" included. • 11. Assignment and Subcontract. The Contractor shall not assignor subcontract any portion of this Contract without express written consent of the City of Renton. 12. Record Keeping and Reporting. The Contractor shall maintain accounts and records that properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Contractor agrees to provide access to any records required by the City. 13. Hold Harmless. The Contractor shall indemnify,defend and hold harmless the City, its officers, agents, employees, and volunteers from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease, or death to Contractor's own employees,or damage to property occasioned by a negligent act,omission, or failure of the Contractor. The Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW, which waiver has been mutually negotiated. 14. Termination. Prior to the expiration of the Term,this Agreement may be terminated without cause by either party, subject to a 30-day written notice of termination. The termination notice must specify the grievance and cause for termination, which must relate directly to a failure to meet specific contract provisions. The notice shall allow the other party a minimum of seven (7)days to remedy the grievance. 15. Renton Business License. Prior to signing a contract, the Contractor agrees to purchase a City of Renton Business License and maintain the license in full force and effect throughout the work of the • project. License may be purchased from the Finance Department located in the City of Renton Municipal Building, 1055 South Grady Way(first floor) Renton, WA. • 16. Insurance. The Contractor shall secure and maintain in force throughout the duration of this Agreement Commercial General Liability insurance written as an occurrence basis with limits no less than $1,000,000 per occurrence for personal injury and property damage; and/or other insurance to • indemnify for the activities and services of this Agreement. The City shall be named as an additional insured on the Commercial General Liability Insurance Policy with respect to work performed by or on behalf of the Contractor. The Contractor shall include a provision prohibiting cancellation of said policy except upon forty five(45)days prior written notice to the City. The City reserves the right to receive a certified copy of all required insurance policies. A Certificate of Insurance evidencing the Contractor's insurance coverage shall be delivered to the City before executing this Agreement. A completed copy of the City of Renton Insurance Information Form shall be included with this Agreement. 17. Compliance with Laws. The Contractor and all of the Contractor's employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. 18. Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the City of Renton contract shall prevail. 19. Exhibit to Agreement. The following exhibits are attached to this contract and incorporated herein by this reference: City of Renton,2008—2010 Flower Programs, Request for Proposals, Sections 1 through 9 (includes Attachment A,Scope of Work). Kaleidoscope Services Proposal This Agreement is entered into as of the day and year written above. • CONTRACTOR CITY OF RENTON Signature Signature Norm Williamson,Owner Denis Law, Mayor Printed Name and Title Printed Name and Title Kaleidoscope Services Business Name Attest 13005 111 Avenue N.E. Bonnie I.Walton, City Clerk Mailing Address Printed Name and Title Kirkland WA 98034 City State Zip 425-823-0605 Telephone • CITY OF RENTON • 2008 -2010 FLOWER PROGRAM REQUEST FOR PROPOSALS SECTION 1 -TABLE OF CONTENTS SECTION 1 - TABLE OF CONTENTS 1 SECTION 2 - SYNOPSIS OF PROPOSAL INFORMATION 2 SECTION 3 - REQUEST FOR PROPOSALS 3 SECTION 4 - INSTRUCTIONS TO CONTRACTORS 4 SECTION 5 - PROPOSAL FORM 6 SECTION 6 - INFORMATION TO BE SUBMITTED WITH PROPOSAL 8 SECTION 7 - COMBINED AFFIDAVIT AND CERTIFICATION FORM 10 SECTION 8 - CONTRACT AGREEMENT 11 SECTION 9 - ATTACHMENT A-SCOPE OF WORK 14 • CITY OF RENTON 2008-2010 FLOWER PROGRAM • REQUEST FOR PROPOSALS SECTION 2—SYNOPSIS OF PROPOSAL INFORMATION A. Contract: 2008—2010 Flower Program B. Contract Description: Hanging Flower Baskets: The contractor will furnish all labor, materials and equipment to install 120 hanging baskets and the maintenance required for this program. The contractor will replace any of the 120 worn metal brackets,which includes fabrication and installation, as they become worn and unusable. Baskets and metal arm brackets are to be mounted on the light poles located on South 2nd,3rd, and 4th Streets and on Burnett Avenue S. and Wells Avenue S. The baskets shall not weigh more than 55 pounds each after watering at maturity. The bottom of the basket is to be hung ten (10)feet from the finished grade. The installation shall include two baskets and two brackets per light pole. Flower Pots&Planters: The contractor will furnish all labor, materials and equipment to grow annual and perennial flowering plants in nine(9) existing plastic flower plants at Renton City Hall , 1055 S. Grady Way, street level plaza, eight(8)existing planters at the upper lobby level; four planters p tens at the Renton Main Library, 100 Mill Avenue S. and; two(2) planters at Parks Shop, 1100 Bronson Way N.; and the required • maintenance. Flower Beds: The contractor will furnish all labor, materials, and equipment to grow annual and perennial flowering plants at three(3) design beds at Renton City Hall,Veterans Memorial Park, 523 S. 3rd Street, and Heritage Park, 233 Union Avenue N.E.;and the required maintenance. C. Owner: City of Renton 1055 S. Grady Way Renton,WA 98055 D. Owner's Representative: Terry Flatley, Parks Maintenance Manager Parks Division 1055 South Grady Way, 5th Floor Renton,WA 98057 Phone: (425)430-6600 Fax: (425)430-6603 E. Proposals Due: Tuesday, December 4,2007 until 5:00 p.m. F. Wages; Pay State of Washington prevailing wage rates. • 2 SECTION 3—REQUEST FOR PROPOSALS • (Copy of Published Advertisement) CITY OF RENTON 2008-2010 FLOWER PROGRAM REQUEST FOR PROPOSALS The City of Renton is requesting proposals for providing and installing 120 hanging baskets located on 60 light poles in downtown Renton, as well as 9 flower pots, and 8 planters at Renton City Hall; 4 flower planters at Renton Main Library; 2 flower planters at Parks Shop; one flower bed at Renton City Hall; one flower bed at Veterans Memorial Park and; one flower bed at Heritage Park, including the plantings, maintenance, materials, and supplies. The hanging flower baskets are located in downtown Renton on South 2nd, 3rd, and 4th Streets and on Burnett Avenue S. and Wells Avenue S. The flower pots &planters are located at Renton City Hall, 1055 South Grady Way; Renton Main Library, 100 Mill Avenue S. and; Parks Shop, 1100 Bronson Way N. The flower beds are located at Renton City Hall, Veterans Memorial Park, 523 S. 3rd Street and; Heritage Park, 233 Union Avenue N.E. The proposal is for a three-year contract. Sealed proposals will be received at the office of the Community Services Department, Renton City Hall, 5th Floor, 1055 South Grady Way, Renton, WA 98057 until 5:00 p.m. Tuesday, December 4, 2007. Proposal • documents may be obtained at the Community Services Department, 5th Floor, Renton City Hall, 1055 South Grady Way, Renton, WA, 8:00 a.m. to 5:00 p.m. Monday through Friday. Questions and request for proposal documents shall be addressed to Terry Flatley, Parks Maintenance Manager, 1055 South Grady Way, Renton, WA 98057, phone (425) 430-6600. The City reserves the right to reject any and all proposals and to waive minor irregularities in the proposal process. Published: November 14, 2007 Seattle Daily Journal of Commerce • 11111 3 CITY OF RENTON • 2008- 2010 FLOWER PROGRAM REQUEST FOR PROPOSALS SECTION 4—INSTRUCTIONS TO CONTRACTORS A. Site Visit A site visit will not be conducted.All contractors may visit the locations on their own. B. Submission of Proposals 1. Three(3)copies of the proposal and other documents required to be submitted with the proposal,shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the City Clerk, City of Renton, and shall be identified with the project name and the contactor's name and address. If the proposal is sent by mail,the sealed envelope shall be enclosed in a separate mailing envelope with the notation"SEALED PROPOSAL ENCLOSED"on the face of the envelope. 2. Proposals shall be deposited at the designated location prior to the time and date for receipt of proposals. Proposals received after the time and date for receipt of proposals will be returned unopened. C. Consideration of Proposals 1. The City reserves the right to reject any or all proposals, reject a proposal not accompanied by required documents,or reject a proposal that is in any way incomplete • or irregular. 2. The City shall have the right to waive informalities or irregularities in a proposal received and to accept the proposal which, in the City's judgment,is in the City's best interest. 3. The City reserves the right to request clarification of information submitted and to request additional information from any proposer. 4. Any proposal may be withdrawn up and until the date and time set above for opening proposals.Any proposal not so timely withdrawn shall constitute an irrevocable offer,for a period of sixty(60)days to contract with the City for the services described in the attached specifications, or until one or more of the proposals have been approved by the City,whichever occurs first. 5. The City reserves the right to award the contract to the next most qualified contractor, if the successful contractor does not execute a contract within thirty(30)days after the award of the contract. 6. It is expected that the date of the commencement for the contract will be January 1, 2008 and will be for a three-year term,subject to annual review by the City and based upon available funding in any of the three years. 7. The City shall not be responsible for any costs incurred by the contractor in preparing, submitting or presenting its proposal to this RFP. 8. The hourly wages to be paid to laborers,workers or mechanics under all public service contracts shall not be less than the prevailing rate of wage for an hour's work in the same trade or occupation and shall be in accordance with the provisions of Chapter 39.12 RCW. D. Selection Criteria • 1. The following criteria will be used in evaluating each proposal: 4 a. Cost of Services 40% • b. Responsiveness of the contractor's proposal 30% c. Past performance/references 30% Total Criteria Weight 100% 2. The individual criteria will include the following: a. Cost of Services: The City is seeking an economical solution. b. Responsiveness of the contractor's proposal: In addition to the Proposal Form, the contractor should provide all the information required in Section 6 as completely as possible. c. Past performance/references: The City will contact all the references supplied by the contractor and will rate this criteria based upon the responses. 3. The selection criteria above are based on getting the best value for the City. A committee comprised of City representatives will independently evaluate each proposal. The committee will use the evaluation criteria in la. through 1c, above, to rank the proposing firms. • 1111 5 CITY OF RENTON 411 2008-2010 FLOWER PROGRAM REQUEST FOR PROPOSALS SECTION 5— PROPOSAL FORM PROPOSAL FOR THE FLOWER PROGRAM PROPOSAL DUE: 5:00 p.m. Tuesday, December 4, 2007 To: City of Renton City Clerk's Office Renton City Hall 1055 South Grady Way Renton, WA, 98057 The undersigned hereby certifies that they have carefully examined the Request for Proposal entitled, "2008—2010 Flower Program," and fully understands the manner in which payment is proposed to be made for the cost thereof, hereby proposes to furnish all materials and to perform all labor which may be required to complete said work upon the terms and conditions provided in the said Request for Proposal for consideration of the following amount: PROPOSAL For all work specified in the Request for Proposal for, "2008—2010 Flower Program," located on South 2nd, 3rd, 4th Streets, on Burnett Avenue S. and Wells Avenue S. (Hanging Baskets) in downtown Renton; 9 flower pots and 8 flower planters located at Renton City Hall, 1055 S. Grady Way; 4 flower planters located at Renton Main Library, 100 Mill Avenue S; 2 flower planters located at Parks Shop, 1100 Bronson Way N; 1 flower bed located at Renton City Hall; 1 flower bed located at Veterans Memorial Park, 523 S. 3rd Street and; 1 flower bed located at Heritage Park, 233 Union Avenue NE, an annual sum of: (Amount in Writing) dollars ($ ), including tax. (Amount in number) CONDITIONS OF PROPOSAL 1. Overhead and Profit: a. The above Proposal Price shall include overhead and profit. 2. Sales Tax: a. The above proposal shall include Washington State Sales Tax. • 6 PERIOD OF PROPOSAL VALIDITYIACCEPTANCE OF PROPOSAL • 1. Validity of Proposal The undersigned hereby agrees that this PROPOSAL as described in paragraph "A" shall be a valid and firm offering for the period of sixty(60)days from closing time for the"Receipt of Proposals." 2. Acceptance of Proposal Within sixty(60)days after the opening of FORM OF PROPOSAL, the City will act either to accept the Proposal from the selected contractors or to reject all Proposals. The City reserves the right to request extensions of such proposal acceptance period. The acceptance of a proposal will be evidenced by a written Notice of Intent to Award Contract to the contractor whose proposal is under consideration for acceptance,together with a request to furnish evidence of insurance to execute the agreement set forth in the Request for Proposal. EXECUTION OF CONTRACT If written,"Notice of Intent to Award Contract"is mailed,telegraphed, facsimiled, or delivered to the undersigned within the period of"Proposal of Validity"noted above,or any time thereafter before this Proposal is withdrawn,the undersigned will, within ten(10)days after the date of such notification, execute a Contract in the form provided in the Request for Proposal. EXECUTION OF PROPOSAL • Name of Firm Address City State Zip Code Telephone ( ) FAX ( ) The undersigned designates the above as the firm and address to which"NOTICE OF CONTRACT AWARD"may be mailed, hand delivered or delivered via facsimile. NOTE: If a contractor t actor is a corporation, write state of incorporation;rporation; and if a partnership, give full names and addresses of all partners below: The undersigned certifies that the above is a firm and valid PROPOSAL to accomplish all work and comply with all requirements of the Request for Proposal. Signature (Signed) (Printed) Title Date • 7 CITY OF RENTON • 2008 -2010 FLOWER PROGRAM REQUEST FOR PROPOSALS SECTION 6— INFORMATION TO BE SUBMITTED WITH PROPOSAL Each contractor must respond to each of the following requests/questions in a clear and comprehensive manner. An incomplete or inaccurate response may prevent the contractor from further consideration for the services described in the RFP. A. Contractor Profile 1. Provide the full name, main office address, and tax identification number of the entity that would ultimately enter into a contract with the City. 2. Provide the name and address of the entity that would actually provide the services to the City, if different from above. 3. Identify if your firm is an individual, partnership,or corporation; if incorporated,enter the state of incorporation. 4. Provide the names(s), address(es), and telephone number(s)of the person(s)who are authorized to negotiate a contract with the City and also the contact person to whom notices regarding this RFP should be sent. 5. Provide copies of all business registration/business licenses. 6. List the number of years your firm has been in business. (The City considers five years to be a minimum.) B. References/Experience/Past Proiects • 1. List five references, including names,titles, and telephone numbers of contact persons,to which you have provided services in the past two years. Such services should be similar in scope to this RFP. 2. List examples of the hanging flower basket and flower pot programs your firm is currently servicing. (The City will contact all of the listed references and may conduct a site visit of one or more of the projects listed.) C. List of Workers/Subcontractors/Equipment 1. List all proposed staff by name, identifying the proposed Contract Manager. List each person's current role in your firm and their proposed role in relation to the work contemplated under this RFP. Indicate if they will be employed full-time or part-time. 2. Describe each staff member's specific professional qualifications and years of applicable experience. 3. List the type of background checks performed on contractor's employees and minimum standards for passing the background check. List if contractor's employees undergo drug testing and, if so, how often and by what type of test. 4. List all subcontractors and the work to be subcontracted out to them. 5. Provide a general inventory of equipment, by type,that you currently own. D. Hourly Rates 1111 1. Provide a copy of the contractor's standard hourly rate sheet for services.(This will serve as the basis of payments for any additional services requested on a temporary or one-time basis. 8 Permanent changes to the Scope of Work will be made using a Discretionary Work Request • Form.) 2. Describe the Contractor's on-call and emergency response procedures to deal with emergency requests. Provide a list of hourly rates for emergency services and any minimum call-out hours. E. Other Information/Questions: 1. Has the Contractor ever been terminated, replaced,or failed to complete work awarded under a contract? If so, name the client and describe the circumstances. 2. Has the Contractor ever been named as a defendant in any litigation brought on by a client as a result of a contract? If so,describe the circumstances fully. F. Combined Affidavit and Certification Form Contractor shall sign and submit the Combined Affidavit and Certification Form supplied in Section 7. 9 CITY OF RENTON • 2008 -2010 FLOWER PROGRAM REQUEST FOR PROPOSALS SECTION 7—COMBINED AFFIDAVIT AND CERTIFICATION FORM Non-Collusion,Anti-Trust and Minimum Wage NON-COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the foregoing proposal and that such proposal is genuine and not a sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other proposer on the foregoing work or equipment to put in a sham proposal, or any other person or corporation to refrain from proposing, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over other Proposer or Proposers. AND, CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are, in fact, usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such over-charges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the proposal, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser,subject to the aforementioned exception. AND, • MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having been duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract: that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: NON-COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER, AND MINIMUM WAGE AFFIDAVIT Name of Project Name of Proposer's Firm Signature of Authorized Representative of Proposer Subscribed and sworn to before me on this day of , 20 Residing at: • Notary Public in and for the State of Washington 10 CITY OF RENTON 410 2008 -2010 FLOWER PROGRAM REQUEST FOR PROPOSALS SECTION 8—CONTRACT AGREEMENT -sr. 0 o CITY OF RENTON COMMUNITY SERVICES DEPARTMENT AGREEMENT FOR SERVICES CAG # DRAFT THIS AGREEMENT is made as of the day of , 2008, • between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as"CITY"and herein after referred to as "CONTRACTOR", to provide services for the Flower Program described in Attachment A, Scope of Work and here as the hanging flower baskets, the flower pots and planters and the flower beds and including growing, supplying and maintaining healthy plants, installation of plants, providing materials, supplies and all replacement materials and supplies at various locations in Renton, Washington. 1. Scope of Services. The Contractor will provide all material and labor necessary to perform all required plant maintenance services described in Section 9,Attachment A, City of Renton 2008—2010 Flower Program, Scope of Work which is included with this Agreement. 2. Changes in Scope of Services. The City, without invalidating the Contract, may order changes in the Services consisting of additions,deletions or modifications,the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Discretionary Work Request Form signed by the City and the Contractor. 3. Time of Performance. The Contractor shall water plants seven(7)days a week, Monday through Sunday, including holidays recognized by the City or on a pre-approved schedule. The plants are to be grown and installed in the flower baskets, pots and planters,and flower beds according to the schedule defined in Attachment A, Scope of Work. 4. Term of Contract. The Term of this Agreement shall be for a period from January 1, 2008 and continuing for three years until December 31, 2010 and is contingent upon available funding in any one of • the three years. This Agreement may be extended for additional periods of time upon mutual written agreement of the City and the Contractor. 11 5. Contract Sum. In consideration of the Contractor performing the specified services,the City agrees to pay the Contractor an amount not to exceed$ per year. In the event • the Citydesires additional ervices other than those described in the Scope of Work,the Contractor agrees P 9 to perform such services according to the attached Rate Schedule, Section"8-E"of the Request for Proposals or for an amount negotiated by the Parties,whichever is less. 6. Method of Payment. Payment by the City for the Services will only be made after the services have been performed and a detailed voucher or invoice is submitted in the form specified by the City. Payment will be made on a monthly basis,thirty(30)days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Contractor for any work not completed in a satisfactory manner until such time as the Contractor modifies such work so that the same is satisfactory. 7. Prevailing Wages. Prevailing wages, in accordance with RCW 39.12 ,applies to this contract. The Contractor shall pay no less than the prevailing wage rate to all employees. The Contractor shall submit a"Statement of Intent to Pay Prevailing Wages"and an"Affidavit of Wages Paid"in compliance with RCW 39.12.040. 8. Warranty. The contractor warrants for itself and all of its employees that they have the requisite training,skill and experience necessary to provide the Services specified in the Scope of Work and are appropriately accredited and licensed by all applicable agencies and governmental entities. 9. Independent Contractor. The Contractor and City agree that the Contractor is an independent contractor with respect to the services provided under this Agreement. Neither the Contractor nor any employee of the Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The Contractor shall be responsible for paying all applicable taxes including income and business taxes. • 10. Discrimination Prohibited. Contractor,with regard to work performed under this agreement,will not discriminate on the grounds of race, color, national origin, religion,creed,age, sex,the presence of any physical or sensory handicap,or sexual orientation, in the selection and/or retention of employees,or procurement of materials or supplies. The Contractor shall complete the"Affidavit of Compliance"included. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of this Agreement without express written consent of the City of Renton. 12. Record Keeping and Reporting. The Contractor shall maintain accounts and records that properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Contractor agrees to provide access to any records required by the City. 13. Hold Harmless. The Contractor shall indemnify,defend and hold harmless the City, its officers, agents, employees, and volunteers from and against any and all claims, losses or liability,or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness,disease,or death to Contractor's own employees,or damage to property occasioned by a negligent act, omission,or failure of the Contractor. The Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act,Title 51 RCW,which waiver has been mutually negotiated. 14. Termination. Prior to the expiration of the Term,this Agreement may be terminated without cause by either party,subject to a 30-day written notice of termination. The termination notice must specify the grievance and cause for termination,which must relate directly to a failure to meet specific contract • provisions. The notice shall allow the other party a minimum of seven(7)days to remedy the grievance. 12 Failure to remedy the grievance will be sufficient grounds for termination. In addition, a 30-day written notice • of termination by the City will be provided to the Contractor if funding for the next year's contract is not available. 15. Renton Business License. Prior to signing a contract,the Contractor agrees to purchase a City of Renton Business License and maintain the license in full force and effect throughout the work of the project. License may be purchased from the Finance Department located in the City of Renton Municipal Building, 1055 South Grady Way(first floor) Renton,WA. 16. Insurance. The Contractor shall secure and maintain in force throughout the duration of this Agreement Commercial General Liability insurance written as an occurrence basis with limits no less than $1,000,000 per occurrence for personal injury and property damage; and/or other insurance to indemnify for the activities and services of this Agreement. The City shall be named as an additional insured on the Commercial General Liability Insurance Policy with respect to work performed by or on behalf of the Contractor. The Contractor shall include a provision prohibiting cancellation of said policy except upon forty five(45)days prior written notice to the City. The City reserves the right to receive a certified copy of all required insurance policies. A Certificate of Insurance evidencing the Contractor's insurance coverage shall be delivered to the City before executing this Agreement. A completed copy of the City of Renton Insurance Information Form shall be included with this Agreement. 17. Exhibit to Agreement. The following exhibit is attached to this contract and incorporated herein by this reference: • City of Renton, 2008—2010 Flower Program, Request for Proposals, Sections 1 through 9. This Agreement is entered into as of the day and year written above. CONTRACTOR CITY OF RENTON Signature Signature Printed Name and Title Printed Name and Title Business Name Attest Mailing Address Printed Name and Title City State Zip Telephone • 13 ATTACHMENT A 1111 CITY OF RENTON 2008 - 2010 FLOWER PROGRAM SECTION 9 -SCOPE OF WORK The City of Renton is pleased to offer an opportunity for an experienced plant maintenance contractor to provide services for the City's Flower Program. The programs are broken down into three main areas: • Hanging Flower Baskets, located in downtown Renton. The Hanging Baskets occur between May 1st and October 31st. • Flower Pots&Planters are found at Renton City Hall, Renton Public Library, and Parks Shop. The Flower Pots&Planters occur twice per year: between May 1st and October 31st,summer annuals and perennials are planted;and between November 1st and April 30th,winter annuals, perennials and spring bulbs are planted. • Flower Beds are located at Renton City Hall,Veterans Memorial Park, and Heritage Park. The Flower Beds occur between May 1St and September 30th with summer plantings and between October 1st and April 30th with winter plantings and fall bulbs. For additional information, contact Terry Flatley at 425-766-6187. The Agreement for Services (the contract) is for a three (3)year period beginning January 1, 2008, and continuing until December 31, 2010. The Agreement is contingent upon available funding in any one of the budget years. Services are provided by the Contractor according to the following descriptions: Hanging Flower Baskets: • Install 120 hanging flower baskets including the plants, planting, maintenance, materials and supplies. In addition, it may become necessary to fabricate, install and replace 120 existing supporting arm brackets as they become rusted, worn and/or unusable. The City provides the baskets. Replacement baskets are provided by the Contractor. • Brackets shall be Gardman R937 brand, or approved equivalent, rated to hold a minimum of 55 pounds. • Hanging baskets are to be made of durable, extremely strong 100% polyethylene plastic, measuring an outside diameter of 15.5", an inside diameter of 13.5", and having a depth of 7.6". Use only Hanging Planters supplied by Riverside Plastics or equivalent and approved in advance by the City. • Baskets shall be granite color. Each basket will be supplied and installed with three (3) 36-inch long chains assembled with "S" hooks. The bottom of the baskets will be hung 10 feet above the finished grade. • Weight of baskets is not to exceed 50 pounds each at maturity and after watering. Baskets shall be able to withstand a minimum weight of 55 pounds. • The baskets will be hung on 60 light poles located on South 2nd, 3rd, and 4th Streets, Burnett Ave. S., and Wells Avenue S. in downtown Renton between North Rainier Avenue and South • Main Avenue. Pole locations are attached. 14 • Plants shall be at least one-half the mature size upon hanging on poles. • • All equipment, materials and supplies are to be provided by the Contractor, including but not limited to: all tools, equipment, and materials to hang baskets, bracket arms, plant materials, fertilizers, potting soils, water and watering devices. The Contractor is to submit samples of all materials and supplies to the City for approval before use. • The Contractor shall submit plans and the City shall approve plans for hanging flower basket arrangements prior to growing plants for the upcoming season. General Specifications Spring—Summer Program: May 1st through October 15th a. Baskets to hang for 6 months. b. Plant baskets with high-quality, trailing, colorful, shade/sun appropriate materials with varying flower texture. Use a minimum of three different plant species. Submit a list of plants to be used to the City in January for approval. c. Fertilize with a high-quality, water-soluble fertilizer(liquid application). d. Apply fertilizer weekly. e. On-going deadheading of plants to remove dead, dying, diseased or broken flower heads, and to encourage lush, full growth and flowering. Pinch plants back sparingly to provide unimpeded visibility to traffic signs. f. Replace dead, dying and diseased plants. g. Weed baskets. h. Maintain alllant materials so theyremain in excellent health and condition. P • i. Perform weekly basket audits to assess soil moisture level and plant quality. Enter audit information on City approved form and submit to the Parks Manager weekly. j. Unforeseen maintenance to baskets, chains and plants due to vandalism, theft, accidents, and other incidents will be the Contractor's responsibility. Maintenance needs to be performed in a day or two. A reserve of at least 12 extra baskets with flowers in the same growth stage as the original baskets should be available to replace baskets. k. Hand watering is required. Watering will occur on an approved schedule and on an as-needed basis dependent on weather conditions. I. Submit a weekly basket audit of plant, soil and water conditions for each basket to the City. Yearly Service (once per year) a. Replace soil in baskets yearly. b. Sterilize baskets before filling with soil. c. Install baskets and chains. Remove and store baskets and chains. d. Plants grown and installed in baskets, ready for spring hanging. e. Crimp or secure"S" hooks on chains and/or metal support arms so others cannot remove baskets unintentionally. f. Remove and replace old metal support arms and hardware as they become worn, rusted or unusable. Metal support arms must support a weight of 60 pounds or more. Flower Pots and Planters: • Install and provide the plants, maintenance, materials and supplies for nine (9) pots and eight 411 (8) planters at Renton City Hall, four(4) planters at Renton Public Library and two (2) planters 15 • at Parks'Shop. Renton City Hall is located at 1055 South Grady Way, Renton Public Library is • located at 100 Mill Avenue S. and Parks Shop at 1100 Bronson Way N. • Use the existing pots and planters. At Renton City Hall, nine (9) pots are located on the street level plaza area (three, 24-inch round pots, three, 26-inch round pots and three, 28-inch round pots), and eight(8) rectangular planters are located on the upper lobby level (each planter is approximately 36 inches tall with a planting area measuring 24 inches wide by 48 inches long more or less). At Renton Public Library, two, 30-inch round planters and two, 25-inch square planters, approximately 24 inches tall, are located on the east bridge entrance. At Parks Shop, two, 30-inch round planters approximately 24 inches tall are located at the intersection of Bronson Way N. and Park Avenue. • Plants grown and installed in pots and planters will be half the mature size or larger for that plant at installation. • All equipment, materials, and supplies are to be provided by the Contractor, including but not limited to: all tools, equipment and materials to plant and maintain flowers, plant materials, fertilizers, potting soils, water and watering devices. The Contractor is to submit samples of all materials and supplies to the City for approval before use. • The Contractor shall submit plans and the City shall approve plans for pot and planter flower arrangements prior to growing plants for the upcoming season. General Specifications Spring—Summer Program: May 15th through October October 1St a. Pots and planters to be planted and maintained. • b. Plant pots and planters with high-quality, colorful, shade/sun appropriate materials with varying flower texture. Use a minimum of three different plant species. Submit a list of plants to be used to the City in January for approval. Plants to be spring/summer annuals/perennials. c. Fertilize with a high-quality, water-soluble fertilizer(liquid application). d. Apply fertilizer weekly. e. On-going deadheading of plants to remove dead, dying, diseased or missing flower heads and to encourage lush, full growth. f. Replace missing, dead, dying and diseased plants. g. Weed pots and planters. h. Maintain all plant materials so they remain in excellent health and condition. i. Unforeseen maintenance to pots and planters and plants due to vandalism, theft, accidents and other incidents will be the Contractor's responsibility. Maintenance will be performed in a day or two. j. Hand watering is required. Watering will occur on an approved schedule and on an as-needed basis dependent on weather conditions. Do not over-water pots and planters to the point water flows out of the pot onto surrounding surfaces. k. Keep outside of pots and planters clean and remove any graffiti, dirt, moss, mold, or other debris. Keep surfaces pots and planters sit upon, clean and remove any debris or staining attributed to watering. Fall—Winter Program: October 1st through May 15th a. Pots and planters to be planted and maintained. III 16 b. Plant pots and planters with high-quality, colorful, shade/sun appropriate materials with varying • flower texture. Use a minimum of three different plant species. Submit a list of plants to be used to the City in September. Plants to be winter hardy annual/perennials and spring bulbs. c. Fertilize with a high-quality, water-soluble fertilizer. d. Apply fertilizer when necessary and approved by City. e. On-going deadheading of plants to remove dead flower heads and to encourage lush, full growth. f. Replace missing, dead, dying, and diseased plants. g. Weed pots and planters. h. Maintain all plant materials so they remain in excellent health and condition. i. Unforeseen maintenance to pots and planters and plants due to vandalism, theft, accidents and other incidents will be the Contractor's responsibility. Maintenance to be performed in a day or two. j. Hand watering is required. Watering will occur on an approved schedule and on an as-needed basis dependent on weather conditions. Do not over-water pots and planters to the point water flows out of the pot onto surrounding surfaces. k. Keep outside of pots and planters clean and remove any graffiti, dirt, moss, mold, or other debris. Keep surfaces pots and planters sit upon, clean, and remove any debris or staining attributed to watering. Yearly Service a. Replace soil in pots and planters once yearly. A minimum of eight(8") inches of soil shall be replaced. 111 b. Add a minimum of four inches (4")of garden/flower compost and mix into the soil twice yearly. Use McLendon's Mycorrhiza Compost SKU 10253300 or equivalent. c. Clean both the outside and inside of pots and planters to remove soil, litter, graffiti and other debris. Flower Beds: There are three locations for flower beds in Renton. This includes Renton City Hall, Veterans Memorial Park and Heritage Park. • Renton City Hall Monument Bed—curvilinear design to accent the"Renton City Hall" sign. Requires low-growing flowers to prevent blocking of sign. No spring bulbs used. • Veterans Memorial Park Bed—design bed that requires planting in advance of Memorial Day in late May. Tulips are usually planted in the winter for a showy display in spring. • Heritage Park Bed—20-foot diameter concrete planter with irrigation. Spring bulbs are planted in winter for a showy early season display. Renton City Hall Monument Flower Bed • Provide and install annual plantings in a curvilinear flower bed along the"Renton City Hall"sign and monument wall at 1055 S. Grady Way. • Add a minimum of four(4) inches of garden/flower compost and mix into the soil. Provide a defined edge along the flowerbed cut into existing sod. • Plant annual flowers in a pre-approved arrangement. Water-in flowers and add fertilizer • following planting. Maintenance and watering of the bed is required. 17 • • Plants shall be a minimum of one-half their mature size at installation. • Select and maintain plants to retain visibility to the, `Renton City Hall"sign. • • Provide seasonal plantings according to the following General Specifications: General Specifications Summer Program: May 15th through September 30th a. Flower bed to be planted by May 15th. b. Plant flowerbed with high quality, colorful, shade/sun appropriate materials with varying flower texture. Use a minimum of three different plant species. Submit a list of plants to the City to approve one month prior to planting. Plants to be spring/summer annuals/perennials. c. Fertilize with a high-quality, water-soluble fertilizer(liquid application) at planting. d. Water bed thoroughly at planting. e. Bed maintenance shall include pinching flowers following planting and weekly, if necessary, to maintain compact, heavily flowering plants and to remove old flowers (deadheading); cleaning bed of weeds or other debris; replacing dead or damaged flowers within a day or two; thinning overcrowded flowers as plants grow; monitoring and maintaining optimum soil moisture conditions; cleaning the monument wall if attributed to the flower bed and adding additional flowers to keep the bed in City approved condition. f. Examples of flowers include petunias, geraniums and marigolds. Fall -Winter Program: October 1st through May 15th a. Flower bed to be planted by October 1st. b. Plant flower bed with high quality, colorful, shade/sun appropriate materials with varying flower • texture. Use a minimum of three different plant species. Submit a list of plants to be used to the City in September. Plants to be winter hardy annual/perennials and spring bulbs. c. Fertilize with a high-quality, water-soluble fertilizer at planting. d. Water bed thoroughly at planting. e. Bed maintenance shall include pinching flowers following planting and weekly, thereafter, to maintain compact, heavily flowering plants, and to remove old flowers (deadheading); cleaning bed of weeds or other debris; replacing dead or damaged flowers within a day or two; thinning overcrowded flowers as plants grow; monitoring and maintaining optimum soil moisture conditions; cleaning the monument wall if attributed to the flower bed and adding flowers to keep the bed in City approved condition. f. January/February Maintenance—Groom bed to remove weathered and dead plants. g. Examples of flowers include kale, Dusty Miller, and pansies. Yearly Service a. Replace eight inches (8")of soil when requested by the City. b. Add a minimum of four inches (4")of garden/flower compost and mix into the soil twice yearly. Veterans Memorial Park • Provide and install the plants, maintenance, materials and supplies for a flower bed located at Veterans Memorial Park, 523 S. 3rd Street. • Contractor shall submit examples of flowers and bed design to the City for approval prior to planting. • 18 • Plants used at planting shall be at least half the mature size upon installation. 4111 • Add a minimum of four(4) inches of garden/flower compost and mix into the soil. • Water-in flowers and add fertilizer following planting. Maintenance and watering of the bed is required. • Provide seasonal plantings according to the following General Specifications: General Specifications Summer Program: May 1st through September 30th a. Flower beds to be planted by May 1st. b. Plant flower beds with high quality, colorful, shade/sun appropriate materials with varying flower texture. Use a minimum of three different plant species. Submit a list of plants to be used to the City in January for approval. Plants to be spring/summer annuals/perennials. c. Fertilize with a high-quality, water-soluble fertilizer(liquid application) at planting. d. Provide ongoing fertilization to keep all plants at peak flower-producing capacity and health e. Water beds thoroughly at planting. f. Bed maintenance shall include pinching flowers following planting and weekly, thereafter, to maintain compact, heavily flowering plants and to remove old flowers (deadheading); cleaning bed of weeds or other debris; replacing dead or damaged flowers within a day or two; thinning overcrowded flowers as plants grow; monitoring and maintaining optimum soil moisture conditions; cleaning other surfaces attributed to the flower bed and adding flowers to keep the bed in City approved condition. g. Examples of flowers include petunias, geraniums and marigolds. • Fall -Winter Program: October 1st through April 30th a. Flower beds to be planted by October 1st. b. Plant flower beds with high quality, colorful, shade/sun appropriate materials with varying flower texture. Use a minimum of three different plant species. Submit a list of plants to be used to the City in June. Plants to be winter hardy annual/perennials and spring bulbs. c. Fertilize with a high-quality, water-soluble fertilizer at planting and as needed during the period. d. Water beds thoroughly at planting. e. Bed maintenance shall include pinching flowers following planting and weekly, if necessary, to maintain compact, heavily flowering plants and to remove old flowers (deadheading); cleaning bed of weeds or other debris; replacing dead or damaged flowers within a day or two; thinning overcrowded flowers as plants grow; monitoring and maintaining optimum soil moisture conditions; cleaning other surfaces attributed to the flower bed and adding additional flowers to keep bed in City approved condition. f. Examples of flowers include kale, dusty Miller, pansies, primroses and tulips. g. January/February Maintenance—Groom bed to remove weathered and dead plants. Yearly Service a. Replace soil in the upper eight inches (8") when requested by the City. b. Add a minimum of four inches (4")of garden/flower compost and mix into the soil twice yearly. • 19 • Heritage Park Flower Bed • • Provide and install the plants, maintenance, materials and supplies for a flower bed located at Heritage Park, 233 Union Avenue NE. • Contractor shall submit examples of flowers and bed design to be used to the City for approval prior to planting. • Plants used at planting shall be at least half the mature size upon installation. • Add a minimum of four(4) inches of garden/flower compost and mix into the soil. • Water-in flowers and add fertilizer following planting. Maintenance and watering of the bed is required. • Provide seasonal plantings according to the following General Specifications: General Specifications Summer Program: May 1st through September 30th a. Flower beds to be planted by May 1st. b. Plant flower beds with high quality, colorful, shade/sun appropriate materials with varying flower texture. Use a minimum of three different plant species. Submit a list of plants to be used to the City in January for approval. Plants to be spring/summer annuals/perennials. c. Fertilize with a high-quality, water-soluble fertilizer(liquid application) at planting. d. Provide ongoing fertilization to keep all plants at peak flower-producing capacity and health. e. Water beds thoroughly at planting. f. Bed maintenance shall include pinching flowers following planting and weekly, thereafter, to • maintain compact, heavily flowering plants, and to remove old flowers (deadheading); cleaning bed of weeds or other debris; replacing dead or damaged flowers within a day or two; thinning overcrowded flowers as plants grow; monitoring and maintaining optimum soil moisture conditions; cleaning other surfaces attributed to the flower bed and adding flowers to keep the bed in City approved condition. g. Examples of flowers include petunias, geraniums and marigolds. Fall -Winter Program: October 1st through April 30th a. Flower beds to be planted by October 1st. b. Plant flower beds with high quality, colorful, shade/sun appropriate materials with varying flower texture. Use a minimum of three different plant species. Submit a list of plants to be used to the City in June. Plants to be winter hardy annual/perennials and spring bulbs. c. Fertilize with a high-quality, water-soluble fertilizer at planting and as needed during the period. d. Water beds thoroughly at planting. e. Bed maintenance shall include pinching flowers following planting and weekly, if necessary, to maintain compact, heavily flowering plants, and to remove old flowers (deadheading); cleaning bed of weeds or other debris; replacing dead or damaged flowers within a day or two; thinning overcrowded flowers as plants grow; monitoring and maintaining optimum soil moisture conditions; cleaning other surfaces attributed to the flower bed, and adding additional flowers to keep bed in City approved condition. f. Examples of flowers include kale, Dusty Miller, pansies, primroses, tulips, hyacinths and daffodils. • g. January/February Maintenance—Groom bed to remove weathered and dead plants. 20 • • • Yearly Service a. Replace soil in the upper eight inches (8")when requested by the City. b. Add a minimum of four inches (4") of garden/flower compost and mix into the soil twice yearly. • 21 City of Renton Parks Division Hanging Flower Basket Program Combined Light Pole Location Weekly Audit Form 4 Address Pole ID No. No.Baskets Notes 1=POOR 2=FAIR 3=ACCEPTABLE 809 S.4 Street 498F 2 812 4 Street 497F 2 • 339 Burnett Avenue S(on 4th) 487F 2 600 4 Street— Blue Shed 485F 2 625 4 Street—Dinner Train 484F 2 505 4TH STREET 264F 2 505 4 Street—Iris 482F 2 501 4 Street—St Anthony Hall 480F 2 344 Morris(on 4th)—Dentist 257F 2 406 4 Street—bricks 477F 2 307 4 Street—White house 474F 2 306 4 Street—by school 473F 2 Total 24 250 S.3 Street—Corner 409H 2 111 3 Street—Freddie's 412H 2 200 3 Street(west basket)—Safeway 413H 2 200 3 Street(east basket)—Vino 41511 2 309 3 Street—Viking 4201-1 2 322 3 Street—Harambee 423H 2 401 3 Street—Lee's Family 42611 2 410 3 Street—florist 427H 2 422 3 Street—thrift store 429H 2 • 617 3 Street--QualStar 442H 2 700 3 Street—America 447H 2 300 Burnett Ave(on 3rd)—Naan 448H 2 724 3 Street—Western Wear 449H 2 800 3 Street—Rubattini's 455H 2 819 3 Street—La Hacienda 458H 2 900 3 Street—CK Nails 463H 2 909 3 Street—bike 464H 2 920 3 Street—antique 465H 2 917 3 Street—Stuffy's 466H 2 Total 38 207 S.2 Street—Jet City 390H 2 918 Main(on 2nd)—Speedy Glass 389H 2 206 Wells(on 2nd)—beside Parker Paint 388H 2 858 Williams(east on 2nd)—US Bank 383H 2 858 Williams(west on 2nd)—US Bank 3811-I 2 207 Wells(on 2nd)—1st Savings Bank 382H 2 201 Williams(on 2nd)— 376H 2 232 2 Street—parking entry 276H 2 • 11/9/2007 22 • City of Renton Parks Division Hanging Flower Basket Program Combined Light Pole Location Weekly Audit Form Address Pole ID No. No.Baskets Notes 150 Logan Avenue(on 2nd)—WaMu 371H 2 0655 S.2nd—across from WaMu #unclear 2 419 2 Street —across from HS 358H 2 400 2 Street(east baskets)—HS 3591-1 2 400 2 Street(middle baskets)—HS 266H 2 400 2 Street(west baskets)—HS 351H 2 403 2 Street—Church 356H 2 309 2 Street—WACAP 350H 2 203 2 Street-Game Stop no# 2 200 2 Street—office 343H 2 101 2 Street—Taco Time 342H 2 100 2 Street--Warren Barber 341H 2 Total 40 Tonkins(Donkey)Park-399 Williams Ave. 504H 2 Total 2 206 Wells—Parker Paint 293H 2 207 Wells—parking lot 296H 2 220 Wells— 297H 2 232 Wells— 299H 2 Total 8 • 340 S Bumett Avenue- 281H 2 321 Burnett Avenue—Century 321 7344J 2 300 Burnett Avenue—B of A parking 277H 2 305 Burnett Avenue—Jazz Nite 7346J 2 Total 8 Grand Total 120 Program Total Baskets 120 No.Missing Baskets 0 • 11/9/2007 23 KALEIDOSCOPE SERVICES • 13005 111th Ave. N.E. Kirkland, Wa. 98034 425-823-0605 Cityof Renton Dec. 03, 2007 City Clerk 1055 South Grady Way Renton, Wa. 98055 PROPOSAL for HANGING BASKET PROGRAM Kaleidoscope Services is a sole proprietor company owned by myself Norman Williamson and my wife Cindy Williamson (tax ID #533-58-0947). We • have been in business since 1983. We have remained a small company in order to maintain a high standard of quality. My wife, Cindy and I are the ones who take care of the flower programs on a day to day basis. We have found this to be the best way to do an assessment of our flower baskets and pots and to address any problems that arise promptly. We do have contingency plans in place in case one of us is sick and can't water. We are both capable of diagnosing any problems with the plants and remedy the adverse situation due to our love of flowers and experience with flower programs. For the past few years we have been concentrating on setting up the flower programs exclusively. Now Kirkland, Issaquah and you Renton are using the programs we set up. It is a rewarding form of the landscape business that is pleasing to a large number of people including us. Enclosed please find a copy of our Washington State Business License, Commercial Liability limits and Insurance cards for the 2 vehicles we will be using for the flower program. We will be obtaining a City of Renton Business License is we get the contract. We base our prices on $40.00 per man hour and usual estimating techniques. • • • PLANTING We use commercially bagged potting soil as we have had the best luck with it. Osmocote time released fertilizer will be used at the time of planting. A sprinkling of Alfalfa Meal and Water retention granules in the hanging baskets will also be used. We purchase most of our plant material from the Skagit Valley, always stressing high quality plants. We use alot of the "Old Standards" like Hybrid Petunias, Ivy Geraniums, Calibrochoa, Gartenmiester Fuschia, etc., and also like to try new and different plants from our grower. The rule of thumb we always use when it comes to the quality of the plant material is, " If we wouldn't use a plant in our own yard then we won't use it in our work". We tend to put our baskets together just prior to hanging them. Our experience with forced or greenhoused baskets is that they tend to bloom out early. With our method the baskets adapt to the seasonal weather which can be different every year. MAINTENANCE We will be watering, fertilizing and dead heading as necessary. We use a 20-20-20 water soluble fertilizer. * We tend to fertilize approximately every 7 to 10 days after the plants are established. If the weather is hot we fertilize less often and if its real wet we fertilize more. * The watering tends to be a 7 day a week job from late June thru September depending on the weather. *The watering will probably be done late morning on weekdays and early morning on the weekends. • We have itemized our bid so you can see where your money will be going. HANGING BASKETS Summer Hanging Baskets plant 120 @ 43.00 each 5160.00 Install 400.00 Water and maintain for 6 months (3800.00 per month) 22,800.00 Replace brackets (brackets and labor$10.00 each) 400.00 max Fall and Winter Remove baskets, clean and store until Spring 500.00 • POTS AND PLANTERS SUMMER • Plant nine pots street level at City Hall @ $75.00 each 675.00 Water and maintain @ $100.00 per month 6 months = 600.00 Plant eight planters upper lobby @ $75.00 each 600.00 Water and maintain @ $100.00 per month 6 months= 600.00 Plant 4 planters at Library @ $75.00 each 300.00 Water and maintain @ $50.00 per month 6 months= 300.00 Plant 2 planters at Parks Shop @ $75.00 each 150.00 Water and maintain @ $ 25.00 per month 6 months= 150.00 FALL AND WINTER Plant nine pots street level at City Hall 675.00 Water and maintain @ $50.00 twice per month 6 months= 600.00 Plant eight planters upper lobby 600.00 Water and maintain @ $50.00 twice per month 6 months= 600.00 Plant 4 planters at Library 300.00 Water and maintain @ $25.00 twice per month 6 months= 300.00 Plant 2 planters at Parks Shop 150.00 • Water and maintain @ $10.00 twice per month 6 months= 120.00 • FLOWER BEDS MONUMENT FLOWER BED Add soil as needed to bed. Add Alfalfa meal, time release fertilizer. Plant with Summer Annuals. Summer Labor and 6 months maintenance 1200.00 Plants and soil, fert and alfalfa 700.00 Fall Labor and 6 months maintenance 600.00 Plants , soil and fertilizer 800.00 VETERANS MEMORIAL BED Summer Add soil as needed, time released fertilizer, alfalfa meal Plant with Summer Annuals 550.00 Labor for planting 550.00 Fertilize and deadhead May- October @ $50.00 per time 600.00 Fall and Winter Remove Summer annuals. Plant Spring bulbs, Kale and pansies p 9 Plants 600.00 Labor for removal of annuals and planting fall color 750.00 Fertilize twice a month through Winter @ $50.00 per time 600.00 HERITAGE PARK BED Summer Add soil as needed, time released fertilizer, alfalfa meal Plant with Summer Annuals 500.00 Labor for planting 500.00 Fertilize and deadhead May - October @ $50.00 per time 600.00 Fall and Winter Remove Summer Annuals. Plant Spring bulbs Kale and Pansies Plants 500.00 Labor for removal of annuals and planting fall color 500.00 Fertilize twice a month through Winter @ $50.00 per time 600.00 • TOTAL COSTS • Brackets 400.00 Plant Hanging Baskets and install 5,560.00 Maintenance for 6 months and removal and storage 23,300.00 Summer pots and planters 3,375.00 Fall pots and planters 3,345.00 Summer Beds 5,200.00 Fall Beds 4,950.00 Total 46,130.00 Tax 4105.57 Total of Bid 50,235.57 • REFERENCES The first and third references are for flower programs we have done in the past and believe we will be doing again this next year. Corbett Holt Properties are the new owners of the Heathman Hotel in Downtown Kirkland. City of Kirkland Dick Beazell (president of Kirkland Downtown Association) 425-893-9626 Corbett Holt Properties Bill Corbett-Don Holt (Owners) 425-822-2290 Issaquah Highlands Russ Ayers (Landscape water manager) 425-507-1130 • Having worked with us before you know we're a little different. Since we last worked together we've gotten a little smaller. Kaleidoscope is just Cindy and I now. We're a little older and try to take it a little easier. If anything this has improved our overall product. As mentioned earlier all we're doing now is flower programs. Not emphasizing growth of Kaleidoscope Services , just servicing our few clients. We are small but that is by our choice. The benefit of being this way is that Cindy and I are able to keep the high standards we feel our clients want. Because of our size it would be appreciated if when we have large outlays of cash for a program, payment could be made as fast as possible as we don't have large cash reserves. We have never had any problems with litigation or customer dissatisfaction in our job performance. We are willing to work with you to do what is necessary to create a successful flower program. If any other information is needed, don't hesitate to call. Your consideration of our bid is appreciated. • Regards, //i Norm Williamson owner Kaleidoscope Services 425-823-0605 • CITY OF RENTON • 2008 -2010 FLOWER PROGRAMS REQUEST FOR PROPOSALS SECTION 5—PROPOSAL FORM PROPOSAL FOR HANGING FLOWER BASKET AND FLOWER POT PROGRAM PROPOSAL DUE: 5:00 p.m. Tuesday, December 4, 2007 To: City of Renton City Clerk's Office Renton City Hall 1055 South Grady Way Renton, WA, 98057 The undersigned hereby certifies that they have carefully examined the Request for Proposal entitled, "2008—2010 Flower Programs," and fully understands the manner in which payment is proposed to be made for the cost thereof, hereby proposes to furnish all materials and to perform all labor which may be required to complete said work upon the terms and conditions provided in the said Request for Proposal for consideration of the following amount: PROPOSAL • For all work specified in the Request for Proposal for, "2008—2010 Flower Programs," located on South 2nd, 3rd, 4th Streets, on Burnett Avenue S. and Wells Avenue S. (Hanging Baskets) in downtown Renton; 9 flower pots and 8 flower planters located at Renton City Hall, 1055 S. Grady Way; 4 flower planters located at Renton Main Library, 100 Mill Avenue S; 2 flower planters located at Parks Shop, 1100 Bronson Way N; 1 flower bed located at Renton City Hall; 1 flower bed located at Veterans Memorial Park, 523 S. 3rd Street and; 1 flower bed located at Heritage Park, 233 Union Avenue NE, an annual sum Ftii 1 /' T tF-r —TI-%06. .�k7�\ At1�1bit,� \1 iz vi �1 VEt 3(Amount in Writing) /` dollars ($ 5d) 2.35 51), including tax. (Amount in number) CONDITIONS OF PROPOSAL 1. Overhead and Profit: a. The above Proposal Price shall include overhead and profit. 2. Sales Tax: a. The above proposal shall include Washington State Sales Tax. • 6 • PERIOD OF PROPOSAL VALIDITY/ACCEPTANCE OF PROPOSAL • 1. Validity of Proposal The undersigned hereby agrees that this PROPOSAL as described in paragraph "A" shall be a valid and firm offering for the period of sixty(60)days from closing time for the"Receipt of Proposals." 2. Acceptance of Proposal Within sixty(60)days after the opening of FORM OF PROPOSAL, the City will act either to accept the Proposal from the selected contractors or to reject all Proposals. The City reserves the right to request extensions of such proposal acceptance period. The acceptance of a proposal will be evidenced by a written Notice of Intent to Award Contract to the contractor whose proposal is under consideration for acceptance,together with a request to furnish evidence of insurance to execute the agreement set forth in the Request for Proposal. EXECUTION OF CONTRACT If written, "Notice of Intent to Award Contract"is mailed,telegraphed, facsimiled, or delivered to the undersigned within the period of"Proposal of Validity"noted above, or any time thereafter before this Proposal is withdrawn,the undersigned will, within ten(10)days after the date of such notification,execute a Contract in the form provided in the Request for Proposal. EXECUTION OF PROPOSAL • Name of Finn C Address 13b 5 tqE City \Z p \ p Qb State A Zip Code 1 'O3'4 Telephone (U.z5) 8 2.3—p4,0.s FAX( ) The undersigned designates the above as the firm and address to which"NOTICE OF CONTRACT AWARD"may be mailed, hand delivered or delivered via facsimile. NOTE: If a contractor is a corporation,write state of incorporation; and if a partnership, give full names and addresses of all partners below: The undersigned certifies that the above is a firm and valid PROPOSAL to accomplish all work and comply with all requirements of the Request for Proposal. Signature \ �,�},�`i��� k.) \ Pt-N1cevi igned) (Printed) Title Q\) � [2-• • Date \Z 3— Loo 7 CITY OF RENTON • 2008 - 2010 FLOWER PROGRAMS REQUEST FOR PROPOSALS SECTION 7-COMBINED AFFIDAVIT AND CERTIFICATION FORM Non-Collusion,Anti-Trust and Minimum Wage NON-COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the foregoing proposal and that such proposal is genuine and not a sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other proposer on the foregoing work or equipment to put in a sham proposal, or any other person or corporation to refrain from proposing, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over other Proposer or Proposers. AND, CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are, in fact, usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such over-charges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the proposal, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser,subject to the aforementioned exception. • AND, MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having been duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract: that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: NON-COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER, AND MINIMUM WAGE AFFIDAVIT 1� oe.1 ZC00d — l c 1.1:)tKY2. i c c v Name of Project #�L CbOGCo � �2,�J 1C� S Name of Proposer's Firm U\XS\n'\ ' )A13•J\1\1\0%--f\ Signature of Authorized Representative of Proposer Subscribed and sworn to before me on this ? day of 1r , 20 v/. Residing at: k f U- • Notary Public in and for the State of Washington Notary Public State of Washington "r'CONNELL ` 10 rsJun5 2010 ` CITY OF RENTON COUNCIL AGENDA BILL /AI#: ,--.2 e (/ w • Submitting Data: Planning/Building/Public Works For Agenda of: February 25, 2008 . Dept/Div/Board.. Development Services Division Staff Contact Neil Watts, Development Services Agenda Status Director, Ext. - 7218 Consent X Subject: Public Hearing.. Correspondence.. Interlocal Agreement for Benson Hill Annexation Area Ordinance Permit Review and Inspections by King County Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Draft Interlocal Agreement Information Resolution Ordinance Recommended Action: Approvals: Council Concur Legal Dept i J Finance Dept Other • Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The interlocal agreement would allow for county staff to continue processing permits and inspecting projects, which were submitted prior to the annexation and associated City zoning. Staff further recommends adoption of a resolution allowing the county to continue charging for reviews and inspection of these projects based on the existing county fee structure. STAFF RECOMMENDATION: Adopt a resolution authorizing an interlocal agreement with King County to allow the county to continue with reviews and inspections of vested permits in the Benson Hill annexation area. In addition, adopt an ordinance allowing the county to continue to charge for project reviews and inspections under its existing fee structure. III H:\Division.s\Develop.ser\Admin\Interlocal Agreement Permit Fees-agenda bill.doc ti`SY O� PLANNINGBUILDING/ a; ® , PUBLIC WORKS DEPARTMENT • MEMOR ANDUM DATE: February 15, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council )C VIA: eN Denis Law, Mayor FROM: Gregg ZimmermaiPW Administrator STAFF CONTACT: Neil Watts, Development Services Director, Ext. 7218 SUBJECT: Interlocal Agreement for Benson Hill Annexation Area Permit Review and Inspections by King County ISSUE: 1. Should the City approve an interlocal agreement with King County to allow the county to continue with reviews and inspections of vested permits in the Benson Hill 411 annexation area and adopt the resolution? 2. Should the City also approve an ordinance allowing the county to continue to charge for project reviews and inspections under its existing fee structure? RECOMMENDATION: Staff recommends approval of an interlocal agreement with King County as currently proposed. The interlocal agreement would allow for county staff to continue processing permits and inspecting projects, which were submitted prior to the annexation and associated City zoning. Staff further recommends adoption of an ordinance allowing the County to continue charging for reviews and inspection of these projects based on the existing county fee structure. BACKGROUND: The Benson Hill annexation area has a large number of land use, construction, and building applications and permits already being processed by King County, under the existing county regulations and fees. A list of these permits is attached. At this time there are 176 active building permits, 5 critical area permits, 31 engineering permits, 44 approved active land use permits, 10 grading permits and 46 land use permit applications under review. The county has agreed to continue providing review and inspection • services for these vested projects and permits, through an interlocal agreement. The City will be responsible for any permit applications made after the effective date of the annexation, which is March 1, 2008. Any permit applications made after March 1 must Interlocal Agreement—Benson Hill Annexation Area Page 2 of 2 February 15,2008 conform to the new zoning, as well as other City requirements for construction and • building permits. There are several advantages to this arrangement. The projects already in the pipeline with the county are vested to existing county regulations and codes. County staff is already familiar with these regulations, whereas City staff would have to learn a different set of regulations and codes for these projects. It will also be extremely helpful with taking on the additional workload for development projects in the annexation areas. City staff is still expected to have the increased workload from new applications after the annexation date, but under this arrangement will not inherit a large existing workload of existing county applications. There could also be difficulties for contractors and inspectors if ongoing construction or building projects were transferred from county staff to City staff in the middle of the project. The proposed interlocal agreement is for a 5-year period with the provision that either party can opt out of the agreement at any time. The agreement also allows the City to take over review and inspection of any individual project at any time. The agreement is also structured to move building permits to the City upon completion of review for permit, in which case City staff would be able to inspect the project from the start of construction. Approval of a separate resolution is required to allow the county staff to continue • charging review and inspection fees under the county fee system for the vested project in the annexation area. These fees would only apply to the projects being processed under the current county regulations. All other applications and permits processed by the City under City codes will be subject to the normal City fee schedule. cc: Marty Wine,Assistant Chief Administrative Officer Larry Warren,City Attorney Alex Pietsch,EDNSP Administrator Neil Watts,Development Services Director Larry Meckling,Building Official • H:\Division.s\Develop.ser\Admin\Interlocal Agreement Permit Fees-issue paper.doc final draft dated February 13, 2008 • INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND KING COUNTY, RELATING TO DEVELOPMENT PERMIT PROCESSING IN THE BENSON HILL COMMUNITIES POTENTIAL ANNEXATION AREA THIS AGREEMENT is made and entered into this day of , 2008. The parties ("Parties") to this Agreement are the City of Renton, a State of Washington municipal corporation ("City") and King County, a political subdivision of the State of Washington ("County"). WHEREAS, on November 6, 2007, the voters of the City's Potential Annexation Area generally described in Exhibit A hereto, generally known as the"Benson Hill Communities Potential Annexation Area" (hereinafter the"Annexation Area") approved a proposition to annex the Annexation Area to the City; and WHEREAS, the City has approved an ordinance to accept the annexation of the Annexation Area effective March 1, 2008; and WHEREAS, all local governmental land use authority and jurisdiction with respect to the Annexation Area transfers from the County to the City upon the effective date of annexation; and • WHEREAS, the City and the County have previously approved execution of an Interlocal Agreement relating to the Annexation Area for the purpose of facilitating the orderly transition of services upon annexation and transfer of certain real property interests; and WHEREAS, it is the parties' intent by virtue of this Agreement that any and all discretionary decisions with respect to land use and permitting from and after the date of annexation shall be made by the City; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by the Interlocal Cooperation Act, codified at Chapter 39.34 RCW, and other Washington law, as amended; NOW THEREFORE, in consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and the County as follows: 1. Pre-annexation Building Pennit Applications Filed with King County. 1.1 Except as otherwise specified herein, the County shall continue to review on behalf of the City all vested building permit applications filed with the County before the effective date of annexation that involve property within the Annexation Area. Review by the County shall occur in accordance with the regulations under which the applications are vested or to which they are otherwise subject. Any decisions regarding whether or when an application vested shall be made by the City. 1 final draft dated February 13, 2008 1.2 As defined herein, building permits include but are not limited to building • permits, mechanical permits and fire systems/fire sprinkler permits. 1.3 County review of building permits pursuant to this Agreement shall include decisions to approve, condition or deny applications. For building permits that have been approved before March 1, 2008, the County shall further perform all follow-up inspections; issuance of extensions or completion of extensions; and issuance of ancillary permits, such as fire and mechanical permits that are essential for completion of each original project permit. For building permits that have not been approved before March 1, 2008, the County shall upon said approval transfer the building permit file to the City and the City shall be responsible for all follow-up inspections; issuance of extensions or completion of extensions; and issuance of ancillary permits, such as fire and mechanical permits that are essential for completion of each original project permit. Fee reimbursement and allocation as between the City and County for files so transferred shall be made in accordance with Section 8.2. The County agrees to consult with the City prior to rendering any administratively appealable building-related permit decision. 1.4 Except for those projects on which the County has prior to the effective date of annexation of the Annexation Area assessed required financial performance guarantees, the City shall have sole discretion and responsibility on the assessment of financial performance guarantees required of an applicant to secure compliance with permit or development-related requirements. The City shall have sole discretion and responsibility on the release and enforcement of all required financial performance guarantees. The County will not release any construction performance guarantees until • the permittee has secured the required maintenance/defect bond or equivalent for the benefit of the City. Notwithstanding the foregoing, upon special written request by the City, the County may agree to assist the City in determining whether to enforce or release particular financial guarantees. Such assistance from the County shall not include the initiation or undertaking of legal actions. 1.5 The County shall review and render decisions on requests for changes to approved building-related plans up to the time that either a certificate of occupancy is issued or final construction approval has been issued for the project, whichever is earlier. Following issuance of a certificate of occupancy or final construction approval, requests for changes to the approved set of plans shall be referred to the City. The City intends to process such requests as new permit applications. 2. Pre-annexation Land Use Permit Applications Filed with King County. 2.1 Except as otherwise specified herein, the County shall continue to review on behalf of the City all vested land use permit applications filed with the County before the effective date of annexation that involve property within the Annexation Area. Review by the County shall occur in accordance with the regulations under which the applications are vested or to which they are otherwise subject. The City shall be a party of notice for any and all rezone applications subject to this Section 2. Any decisions regarding whether or when an application is vested shall be made by the City. 2.2 As defined herein, land use permits include but are not limited to conditional use permits, site plan approvals, rezones, reasonable use penniits, special use • permits, variances, SEPA reviews, shoreline permits and exemptions, short subdivisions, 2 i final draft dated February 13, 2008 • formal subdivisions (preliminary plats and final plats), boundary line adjustments, lot line elimination,binding site plans, plat alterations and amendments, right-of-way permits, clearing and grading permits, and other land use and engineering permits and approvals. 2.3 For those vested land use applications that do not require a public hearing prior to issuance, the County shall render a decision to approve, condition or deny applications; conduct follow-up inspections; and issue extensions or completion of extensions. 2.4 For those vested land use applications that require quasi-judicial or legislative approval or that involve administrative appeals, the County shall prepare a report and recommendation to the City's designated decision-maker for a final decision. Except as provided in Section 5, the City's decision-maker shall not be a County employee. The City shall be responsible for scheduling, providing notice, conducting any public hearings or appeals and making any final decision on such applications. County staff shall attend the public hearing to testify with respect to analysis set forth in the County's report and recommendation. 2.5 For those subdivisions and short subdivisions that have been granted preliminary approval prior to incorporation or annexation or under Section 2.4, the County shall continue its review through engineering plan approval, final plat or short plat approval, and construction inspection approval phases, and the City shall assume review and approval responsibility for the maintenance/ defect approval phases of such applications. For each of the post-preliminary review phases for which the County is III responsible, the County shall prepare a recommendation for the City's designated decisionmaker. All final decisions on any of the post-preliminary review phases shall be rendered by the City. At the request of the City, County staff shall appear before the City Council to discuss analysis set forth in the County's final plat approval recommendation. 2.6 Except for those projects on which the County has prior to the effective date of annexation of the Annexation Area assessed required financial performance guarantees, the City shall have sole discretion and responsibility on the assessment of financial guarantees required of the applicant to secure compliance with permit or development-related requirements. The City shall have sole discretion and responsibility on the release and enforcement of financial guarantees required of the applicant to secure compliance with permit or development-related requirements. The County will not release any construction performance guarantees until the applicant has secured the required maintenance/ defect bond or equivalent for the benefit of the City. Notwithstanding the foregoing, upon special written request by the City, the County may agree to assist the City in determining whether to enforce or release particular financial guarantees. Such assistance from the County shall not include the initiation or undertaking of legal actions. 3. Peimit Renewal or Extension. The City shall have ultimate authority to determine whether or not to renew or extend a building permit or to renew or extend a land use permit under review or issued by the County in the Annexation Area. 4. Optional Exclusion of Particular Applications. The City or County may at • any time exclude from the provisions of this Agreement any particular permit(s) or application(s) upon providing to the County or City fifteen days advance written notice. 3 final draft dated February 13, 2008 If the City provides written objection to the County's exclusion within ten days of • receiving the exclusion notice from the County, the County shall continue processing of the application. Upon excluding any permit or application from review under this Agreement the County shall transmit the file to the City and the City shall assume responsibility for all further processing of such permit(s) or applicatin (s). 5. Optional Hearing Examiner Review. Notwithstanding anyother provision in this Agreement, upon written request by the City, the County may agree to have the King County Hearing Examiner conduct public hearings or appeals on behalf of the City for particular land use or building permit applications. In such cases the City shall be responsible for scheduling, providing notice, conducting any public hearings or appeals. County staff shall attend the public hearing to testify with respect to analysis set forth in the County's report and recommendation. Decisions regarding whether to utilize the County Hearing Examiner for appeal or hearing recommendations or decisions shall be made by the City and County on a case by case basis. 6. SEPA Compliance. 6.1. In order to satisfy the procedural requirements of the State Environmental Policy Act ("SEPA"), the County shall serve as lead agency for all applications processed by the County pursuant to this Agreement. 6.2 Except as provided in Section 5 hereof, appeals from SEPA threshold determinations and other SEPA matters relating to projects within the City shall be heard by the City. Upon special written request by the City, the County may agree to assist the • City in determining whether SEPA threshold conditions have been met by an applicant. Such assistance from the Countyshall not include the initiation or undertakingof legal g actions. 7. Code Enforcement. 7.1. Enforcement of Code Requirements. Within thirty days following the date the annexation becomes effective, the County shall provide the City with a list and brief explanation of all Annexation Area code enforcement cases under review by the County at the time of annexation and shall provide file documents to the City upon request. 7.2 The City shall be responsible for undertaking any code enforcement actions following the date of annexation. 8. Fees and Reimbursement. 8.1 In order to cover the costs of processing building and land use permit applications and performing SEPA review in accordance with the teiuis of this Agreement, the County is authorized to collect and retain such application and other fees authorized by the County fee ordinances, which shall be adopted by the City and as may be modified at some future date by the County and the City. 8.2 For all applications upon which the County has initiated review and that are subsequently excluded from County processing or transferred to the City pursuant to the terms of this Agreement, the County will retain the base permit fee and a percentage of fees equivalent to the percentage of permit processing and administration performed • 4 final draft dated February 13, 2008 • by the County on the application. Any remaining application fee amounts received by the County prior to exclusion or transfer shall be promptly forwarded to the City. 9. Duration. This Agreement shall take effect following the approval of the Agreement by the official action of the governing bodies of each of the Parties and the signing of the Agreement by the duly authorized representative of each of the Parties, and shall continue in force for a period of five (5) years from the effective date of annexation of the Annexation Area. Either party may terminate this Agreement upon providing at least one hundred and twenty days (120) days written notice to the other party. The Agreement may be extended as provided in Section 11. 10. Termination Procedures. Upon termination of this Agreement, the County shall cease further processing, enforcement, and related review functions with respect to applications it is processing under this Agreement. The County shall thereupon transfer to the City those application files and records, posted financial guarantee instruments, and unexpended portions of filing fees for pending land use and building- related applications within the Annexation Area. Upon transfer, the City shall be responsible for notifying affected applicants that it has assumed all further processing responsibility. 11. Extension. Pursuant to a mutual agreement between the parties, this Agreement may be extended for five additional years or for a lesser agreed upon period. In order to extend the otherwise applicable termination date of this Agreement, the City shall make a written request to the County not less than sixty (60) days prior to the • otherwise applicable teiniination date. If the parties have not agreed to the extension in writing by the termination date, the Agreement terminates. 12. Records Transfer. The County shall work with the City to transfer to the City public records related to completed application files for permits or other land use actions within the Annexation Area. The City shall send a written request for records to the Director of the Department of Development and Environmental Services (DDES) for such records. Alternately, the City may request in writing that the Director schedule a records transfer meeting at which City representatives shall meet with County DDES representatives in order to review and identify records to be copied and/or transferred consistent with the terms of this Section. The request shall provide sufficient detail to allow the County to identify and locate the requested records. The County shall make its best effort to provide the documents within forty-five (45) days of the request and shall provide records in electronic format if reasonably practicable. The County may elect to provide original records if available and copies of records will be provided only in cases in which copies are acceptable to the City. The County shall not be required to provide records that are not reasonably available or to create records or compilations that have not already been created. 13. Indemnification. 13.1 The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of • any negligent action or omission of the County, its officers, agents, and employees, or any of them, in perfoiming obligations pursuant to this Agreement. In the event that any 5 final draft dated February 13,2008 suit based upon such a claim, action, loss, or damage is brought against the City, the • County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any principal of governmental authority is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 13.2 The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the county, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental authority is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. 13.3 The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. • 14. Personnel. Control of personnel assigned by the County to process applications under this Agreement shall remain with the County. Standards of performance, discipline and all other aspects of performance shall be governed by the County. 15. Administration. This Agreement shall be administered by the Director of the King County Development and Environmental Services or his/her designee, and the City Administrator, or his/her designee. 16. Legal Representation. The services to be provided by the County pursuant to this agreement do not include legal services, which shall be provided by the City at its own expense. 17. General Provisions. 17.1 Entire Agreement. This Agreement is in addition to that certain agreement between the Parties entitled "Interlocal Agreement Between City of Renton and King County, Relating to the Annexation of the Benson Hill Communities Potential Annexation Area" and together with such Interlocal Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 17.2 Filing. A copy of this Agreement shall be filed with the Renton City Clerk and recorded with the King County Auditor. • 6 final draft dated February 13, 2008 410 17.17 Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 17.18 Ratification of Past Acts. All prior acts taken by the Parties consistent with the terms of this agreement from and after the effective date of annexation of the Annexation Area are hereby ratified and confirmed. IN WITNESS THEREOF, the Parties have executed this Agreement. CITY OF RENTON: KING COUNTY: Denis Law, Mayor Ron Sims, Executive Date: Date: ATTEST: Approved as to Form: , 0 City Clerk Sr. Deputy Prosecuting Attorney DATED: Approved as to Form: City Attorney 4I1) 9 final draft dated February 13, 2008 STATE OF WASHINGTON) • ) SS COUNTY OF KING ) On this day of , 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that signed and sealed the said instrument as free and voluntary act and deed for the uses and purposed therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at City and State My appointment expires STATE OF WASHINGTON) • ) SS COUNTY OF KING ) On this day of , 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that signed and sealed the said instrument as free and voluntary act and deed for the uses and purposed therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at City and State My appointment expires • 10 Document dated December 19,2007 11111 Exhibit A Description of Annexation Area BENSON HILL COMMUNITIES ANNEXATION LEGAL DESCRIPTION The lands included within the subject annexation are'situated in parts of, Sections 21, 27, 28, 29, 31, 32 and 33 in Township 23 North, and Sections 5 and 6 in Township 22 North, all in Range 5 East, W.M., in King County, Washington, said annexation area being more particularly described as lying within the following described boundary: Beginning at the southeast corner of those lands annexed to the City of Renton under Ordinance No.1961 in the Southeast quarter of said Section 21 said southeast corner also being the point of intersection of the west line of the Southeast quarter of the Southeast quarter of said Section 21 and the southwesterly right of way margin of the City of Seattle Cedar River Pipe Line; Thence southeasterly along said southwesterly margin, crossing SE 160t'' Street, to the south line of said Southeast quarter; • Thence westerly, along said south line to an intersection with the east line of the west half of the Northeast quarter of said Section 28; Thence southerly along said east line, to the northerly right of way margin of SE 164th Street; Thence easterly along said northerly margin to the point of intersection with the northerly extension of the easterly right of way margin of 128th Ave SE; Thence southerly along said northerly extension and the easterly margin thereof to the north line of the south half of said Northeast quarter; Thence easterly along said north line to an intersection with the east line of said Section 28; Thence southerly along said east line, to the northwest corner of"Tract A", Fairwood Park Division 7, as recorded under Volume 116 of Plats, Pages 88 through 90, said records, in said Section 27; Thence generally easterly, southerly, westerly and southerly along the various courses of said "Tract A", to a point on the northerly right of way margin of SE Petrovitsky Road (Petrovitsky Road Revision, Est. 5-28-62), in the Southwest quarter of the Southwest quarter of said Section 27; 111 11 Document ocume t dated December 19, 2007 Thence southeasterly perpendicular to the centerline of said SE Petrovitsky Road, a • distance of 92' to the southerly margin thereof; Thence southwesterly, westerly and northwesterly along the various courses of said southerly right of way margin, crossing 128th'Avenue SE, to the northwest corner of that portion of 128th'Avenue SE dedicated per deed under King County Rec. No. 20000913001594, on the westerly right of way margin of 128thAvenue SE; Thence southeasterly and southerly along said westerly right of way margin, to an intersection with the east line of the west half of the Southeast quarter of said Section 28; Thence southerly along said east line, to the southeast corner of said subdivision said southeast corner also being the northeast corner of the Northwest quarter of the Northeast quarter of said Section 33; Thence southerly along the east line of said subdivision, to the southeast corner thereof; said southeast corner also being the northwest corner of the Southeast quarter of the Northeast quarter of said Section 33; Thence easterly along the north line of said subdivision, to an intersection with the northeasterly right of way margin of a 100' wide Puget Sound Power & Light Transmission Line right of way; Thence southeasterly along said northeasterly right of way margin, to an intersection with • the northeasterly extension of the southeasterly lines of Lots 2 and 3, King County Short Plat No. 779163R, recorded under King County Rec. No. 8105060679; Thence southwesterly along said extension and the southeasterly lines of said lots, to an intersection with the northeasterly line of Lot 1, King County Short Plat No. C1O77OO1, recorded under King County Rec. No. 7806080590; Thence northwesterly and southwesterly along the northeasterly and northwesterly lines of said Lot 1, to the most westerly corner thereof, said corner also being a point on the south line of Lot 2 of said short plat; Thence westerly along said south line, to the northeast corner of Lot 4, King County Short Plat No. 775088, recorded under King County Rec. No. 7710200755; Thence southwesterly along the east line of said Lot 4 to the southeast corner thereof; said corner also being on the northwesterly line of Boulevard Lane Division No. 2, as recorded under Volume 82 of Plats, Pages 20 and 21, said records; Thence continuing southwesterly along said northwesterly line, and southerly along the westerly line of Boulevard Lane Division 1, as recorded under Volume 80 of Plats, Pages 89 and 90, records of King County, Washington, to the westernmost southwest corner of • 12 ✓ Document dated December 19,2007 said plat, said southwest corner also being on a line 1'073.56 feet north of and parallel • with the south line of the Southeast quarter of said Section 33; Thence westerly along said parallel line, to a point 300.00 feet easterly of the west line of said subdivision, as measured perpendicular thereto, said point also being on the north line of Boulevard Lane Park, as deeded to King County under King County Rec. No. 19991011001557; Thence southeasterly along the east line of said park to the point of intersection of a line 422 feet east of and parallel with the west line of said subdivision and a line 300 feet north of and parallel with the south line of said subdivision; Thence continuing southerly along said east line,parallel with the west line of said subdivision, to a point on the northerly right of way margin of SE 192nd Street, said northerly right of way margin being 50 feet northerly of the south line of said Section 33 and the centerline of SE 192nd Street; Thence westerly along the various courses of said northerly right of way margin, crossing 120`"Avenue SE, 116thAvenue SE, 114th Place SE and 113th Way SE to its intersection with the easterly right of way margin of State Route 515, said intersection being 40 feet right of Station 270+50 per Washington State Department of Highways, Right of Way Plan SR 515 MP 3.87 to MP 5.15, Renton Vicinity: SE 196th to Can Road, Sta 257+00 to • Sta 283+00, Sheet 2 of 4 Sheets in said Section 32; Thence westerly, crossing State Route 515 (108th Avenue SE), to a point 40 feet left of Station 270+40 per said Right of Way Plan; Thence southerly along the various courses of the westerly right of way margin of State Route 515 (108th Avenue NE), crossing SE 192nd Street, SE 196th Street and SE 199th Street, to the northerly right of way margin of SE 200th Street in the north west quarter of said Section 5; Thence westerly along the various courses of said northerly right of way margin, crossing 106thAvenue SE, 105th Avenue SE and 104th Avenue SE, to its intersection with the existing City of Renton Limits Line as annexed under City of Renton Ordinance No. 3885; Thence northerly, easterly and westerly along the various courses of the existing limits of the City of Renton as annexed under City of Renton Ordinance Nos. 3885 & 3109 to the point where said existing limits as annexed under City of Renton Ordinance No. 3109 leaves the section line common to Sections 5 & 6 and enters said Section 6; Thence northerly along said common section line to its intersection with the existing City of Renton Limits Line as annexed under City of Renton Ordinance No. 3268; s 13 Document dated December 19, 2007 Thence generally northerly and easterly along the various courses of the existing limits of • the City of Renton as annexed under City of Renton Ordinance Nos. (in order from south to north) 3268, 5205, 5041, 3268, 4069, 1743, 4476, 1971, 3864, 1971, 5236, 1971, 3742, 1971, 3108, 1909, 5208, 3730, 2224, 1871 and 1961 to the Point of Beginning; EXCEPT the north 100 feet of the west 230 feet of the South half of the South half of the Northwest quarter of the Southeast quarter of said Section 29,previously annexed to the City of Renton under Ordinance No. 3432. TOGETHER WITH the following: That portion of Lot 3, King County Short Plat 779163R recorded under King County Rec. No. 8105060679, within the South half of the Northeast quarter of the Northeast quarter of said Section 33, if any; and Those portions of the Northeast quarter of said Section 6 and the Northwest quarter of said Section 5, lying southerly, westerly, southerly and westerly of existing City of Renton Limits Line as annexed under City of Renton Ordinance Nos. (in order from north to south): 3268, 3751, and 3109, and lying northerly of the northerly right of way margin of S. 200th Street; and That portion of the Northwest quarter of said Section 5, lying northerly of the northerly right of way margin of S. 200th Street, westerly and southerly of existing City of Renton • Limits Line as annexed under City of Renton Ordinance No.3885, and easterly of existing City of Renton Limits Line as annexed under City of Renton Ordinance No. 3109. 1111 14 I � • CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY TO AUTHORIZE KING COUNTY TO ASSIST THE CITY OF RENTON IN PROCESSING PROJECTS, PERMITS AND APPLICATIONS FOR PROPERTY IN THE BENSON HILL ANNEXATION AREA, WHICH ARE VESTED UNDER KING COUNTY'S RULES AND REGULATIONS PRIOR TO THE ANNEXATION. WHEREAS, the City of Renton will annex the Benson Hill Annexation Area effective March 1, 2008; and WHEREAS, there are a number of projects; permits and applications pending for property in the Benson Hill Annexation Area, which have been vested under King County's rules and regulations; and • WHEREAS, King County is willing to assist the City in continuing processing of those projects, permits and applications; and WHEREAS, it is necessary to document the terns and conditions under which King County will so assist the City of Renton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement with King County to authorize King County to assist the City of Renton in processing projects, permits and applications for property in the Benson Hill Annexation Area, which are vested under King County's rules and regulations prior to the • annexation. RESOLUTION NO. SECTION III. Ratification. It is intended that the interlocal agreement will also • contain a clause ratifying any actions taken by King County in furtherance of the interlocal agreement after March 1, 2008, until the effective date of the interlocal agreement. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: • Lawrence J. Warren, City Attorney RES.1323:02/07/08:scr • 2 • CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ADOPTING, FOR THE PURPOSES OF PROCESSING VESTED PERMITS IN THE CITY OF RENTON'S BENSON HILL ANNEXATION AREA, AND TO THE EXTENT THAT ,THEY APPLY, THE KING COUNTY CODES, REGULATIONS AND FEES. WHEREAS, the City of Renton will annex the Benson Hill Annexation Area on March 1, 2008; and WHEREAS, there are a number of vested projects, permits and applications pending for property in the annexation area which need to continue, to be processed in accordance with the applicable King County codes, regulations and fees; and. II/ WHEREAS, the City and King County are processing an interlocal agreement for King County to assist the City of Renton in such continued processing; and WHEREAS, in order to accommodate the processing of those projects, permits and applications under King County's codes, regulations and fees, it is appropriate that the City adopt, by reference, the applicable King County codes, regulations and fees for those projects, permits and applications; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Adoption of County Codes, Regulations and Fees by Reference. The City of Renton hereby adopts, for use in connection with those pending projects, permits and I r applications vested under King County rules and regulations, in advance of the annexation of Benson Hill Annexation Area to the City, those King County codes, regulations and fees 1 ORDINANCE NO. applying to such vested projects, permits and applications for property located within the Benson • Hill Annexation Area of the City of Renton. SECTION II. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation, including, but not limited to, authorizing City or County staff to act on the City's behalf in furtherance hereof. SECTION III. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. SECTION IV. Ratification. This action also ratifies any actions taken in furtherance • hereof by the County after March 1, 2008, until an interlocal agreement is consummated between the City and King County governing the respective party's rights and obligations to continue processing vested projects, permits and applications within the Benson Hill Annexation Area. It is intended that the interlocal agreement will contain a similar ratification clause. SECTION V. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk • 2 ORDINANCE NO. ; • APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1443:2/14/08:scr • 1111 3 V • CITY OF RENTON COUNCIL AGENDA BILL AI#: 67 o , • Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department February 25, 2008 Staff Contact Michael E. Bailey, Administrator Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Add two new subsections to Renton Municipal Code to Ordinance X allow for collection of accrued penalty and interest for Resolution non-payment of utility tax Old Business Exhibits: New Business Issue paper Study Sessions Ordinance Infoinnation Recommended Action: Approvals: Legal Dept X Refer to Finance Committee Finance Dept X Other Fiscal Impact: iiiExpenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Review of Title V, Chapter 11, Section 5-11-2, does not allow the City of Renton to accrue and collect penalty and interest for non-payment of utility tax. The recommended changes would provide for such penalties and interest. STAFF RECOMMENDATION: Adopt an ordinance providing for collection of penalty and interest for nonpayment of utility taxes due to the City. 411 H:\FINANCEWDMINSUP\01_AgendaBills\2008_Collection of Penalty and Interest for Nonpayment of Utility Tax.doc Y `sY O� FINANCE AND INFORMATION SERVICES ti • i ;� ® DEPARTMENT MEMORANDUM DATE: February 12, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor°', P' FROM: Mike Bailey, Administrator SUBJECT: Request to Amend RMC Section 5-11-2 for Collection of Penalty and Interest for Nonpayment of Utility Tax ISSUE • Should an ordinance be adopted adding two subsections to RMC to Title V, Section 5-11- 2, Utility Tax, for penalties and interest for nonpayment of utility tax? RECOMMENDATION Adopt an ordinance adding two subsections under Title V, Section 5-11-2 of the Renton Municipal Code to provide for penalties and interest on payment of utility taxes. BACKGROUND SUMMARY An internal audit of firms paying utility taxes to the City resulted in the observation that no penalty or interest provisions exist in the Renton Municipal Code for late payment. In order for the City to accrue and collect penalty and interest for late payment or non- payment of utility tax, we recommend adding new subsections to the Code of General Ordinances of the City of Renton. The recommended additions provide that a business enterprise who fails to remit the full amount of utility tax when due shall pay a penalty of 5% of the amount of tax due for the first month of delinquency and an additional penalty of 5% for each month of delinquency, but not exceeding 25%. This would to all utility taxes owed to the City. The utility tax is managed on a quarterly billing with a rate of 6% of the total revenues of the utility. While the tax is on the utility's privilege of doing business in the City, many utility companies illustrate the effect of passing this tax along to their customers on their bills. • Once we have appropriate penalty and interest provisions in the RMC, we will resume the internal audit of utility providers in the City. i h:\finance\adminsup\02_issuepapers_memos to council or mayor\2008 ordinance_add_subsections to section5-I 1- 2.doc P CITY OF RENTON, WASHINGTON • ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 2, UTILITY TAX; WHEN DUE, OF CHAPTER 11, UTILITY TAX, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON" BY ADDING TWO NEW SUBSECTIONS, "A", PENALTIES FOR NONPAYMENT,AND "B", INTEREST. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 5-11-2, Utility Tax; When Due, of Chapter 11, Utility Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding two new subsections A and B, to read as follows: A. Penalties for Nonpayment:ent: • A business enterprise who fails to remit the amount of utility tax when due shall, in addition to all other penalties provided by law, pay a penalty of five percent (5%) of the amount of tax due for the first month of delinquency and an additional penalty of five percent (5%) for each succeeding month of delinquency, but not exceeding a total penalty of twenty five percent (25%) of the amount of such taxes due in any event. B. Interest: In addition to such penalties, any late payment of utility tax shall bear interest at the rate of 12%per annum until paid. • ORDINANCE NO. SECTION II. This Ordinance shall be effective upon its passage, approval, and • 30 days after its publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: • Lawrence J. Warren, City Attorney Date of Publication: ORD:1428:2/1/08:scr • 2 if s CITY OF RENTON COUNCIL AGENDA BILL AI#: o / A • Submitting Data: For Agenda of: Dept/Div/Board.. Fire and Emergency Services February 25, 2008 Department/Emergency Management Staff Contact Emergency Management Director Agenda Status Deborah Needham Consent X Subject: Public Hearing.. Cancellation of the December 3, 2007 storm emergency Correspondence.. proclamation Ordinance Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Resolution 3921 Information Resolution Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other Risk Management 1111 Fiscal Impact: Expenditure Required... $0.00 Transfer/Amendment Amount Budgeted Revenue Generated $0.00 Total Project Budget City Share Total Project SUMMARY OF ACTION: The Renton City Council and the Mayor are asked to officially terminate the storm emergency that was proclaimed on December 3, 2007 through resolution No. 3921. STAFF RECOMMENDATION: Adopt the resolution terminating the emergency proclamation that was made on December 3, 2007. • III ti`C O� FIRE and EMERGENCY SERVICES ;; ® DEPARTMENT MEMORANDUM DATE: February 19, 2008 TO: Marcie Palmer, Council President Members of the City Council VIA: Denis Law, Mayor FROM: I. David Daniels, Fire Chief/Emergency Services Administrator STAFF CONTACT: Deborah Needham, Emergency Management Director SUBJECT: Cancellation of the December 3 Emergency Proclamation Issue Emergency conditions no longer exist related to the December 3 storm, but the emergency proclamation is still in effect. Background • Resolution No. 3921 passed by City Council and approved by the Mayor on December 3, 2007 contained a clause in Section IV: "The local emergency shall be deemed to continue to exist until its termination is proclaimed by the Mayor and City Council". Due to the language in the resolution, action is required to terminate the local emergency. RECOMMENDATION Staff recommends that the City of Renton Council adopt a resolution terminating the emergency that was proclaimed on December 3, 2007. • I V CITY OF RENTON, WASHINGTON • RESOLUTION NO. 3921 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DECLARING A LOCAL EMERGENCY. WHEREAS, Resolution No. 3411 of the City of Renton, State of Washington,empowers the Mayor and City Council to proclaim the existence or threatened existence of a local emergency in the City, when the City is affected or likely to be affected by a major emergency or natural disaster; and WHEREAS, Governor Christine Gregoire has declared a state of emergency due to massive flooding,high winds and heavy rains; and WHEREAS,the City of Renton has experienced flooding and major damage to property; and • WHEREAS, Renton Fire Chief I. David Daniels,Emergency Services Administrator, recommends that an emergency be declared in the City of Renton; and WHEREAS, Mayor Kathy Keolker and the City Council are requested by the Emergency Services Administrator to proclaim the existence of a local emergency therein; and WHEREAS, said Mayor and City Council do hereby find that conditions of peril to the safety of persons and property have arisen within the City, caused by the storm with heavy rains starting at midnight,on the 2nd day of December, 2007; and NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. 1 I ORDINANCE NO. 3 9 21 • SECTION II. The declarations of emergency declared by the Governor and Renton Fire Chief are approved, confirmed and adopted by the City Council; and SECTION III. It is hereby proclaimed that during the existence of said local emergency,the powers, functions,and duties necessary to stabilize and control said incident are given to the Emergency Services Administrator; and SECTION IV. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the Mayor and City Council. PASSED BY THE CITY COUNCIL this 3rd day of December ,2007. oa6,) • Bonnie Walton,City Clerk APPROVED BY THE MAYOR this 3rd ' day of December , 2007. Kathy Keolker,Mayor Approved as to form: .-• ."01:"4"""44""e-‘' ' : • Lawrence J. Warren, City Attorney v •_ _�. • CITY OF RENTON, WASHINGTON • RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, TERMINATING THE DECLARATION OF A LOCAL EMERGENCY. WHEREAS, Resolution 3921, passed by the City Council and approved by the Mayor on December 3, 2007, declared a local emergency due to flooding and major damage to property in the City of Renton, and WHEREAS, the conditions of peril to the safety of persons and property within the City caused by the storm and heavy rains have now passed and/or have been mitigated, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: • SECTION I. The above findings are true and correct in all respects. SECTION II. It is hereby proclaimed that the Declaration of a Local Emergency authorized by Resolution 3921 is hereby terminated. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor • r RESOLUTION NO. • Approved as to form: Lawrence J. Warren, City Attorney RES. 1320:1/31/08:scr • 13 • 2 t d CITY OF RENTON COUNCIL AGENDA BILL ° AI#: W °� • Submitting Data: For Agenda of: February 25,2008 Dept/Div/Board.. Legal Staff Contact Larry Warren 425-255-8678 Agenda Status Consent X Subject: Public Hearing.. Repealing Sections 6-18-10, Criminal Trespass, and 6- Correspondence.. 18-12, Menacing, of Chapter 18, Penal Code, of Title VI Ordinance X (Police Regulations). Resolution Old Business Exhibits: New Business X Ordinance Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Fiscal Impact Expenditure Required... Transfer/Amendment Amount Budgeted.. Revenue Generated Amount Needed City Share Total Project. • SUMMARY OF ACTION: Judge Terry Jurado of Renton Municipal Court, found that RMC § 6-18-10 A, Criminal Trespass, is unconstitutional as it conflicts with generally applicable state law. However, the basis of the ruling is applicable to both subsections "A" and "B," so the entire Criminal Trespass ordinance should be repealed. Also, Judge Michael J. Fox of King County Superior Court found that RMC 6-18-12, Menacing, is unconstitutional as it is vague and lacks the required element of"intent to menace." The City has already adopted by reference the state laws for Criminal Trespass and Harassment (which has the same elements as Menacing but includes intent). It would be prudent to repeal 6-18-10 and 6-18- 12, and rely on the adopted state laws. STAFF RECOMMENDATION: Adoption of the Ordinance Repealing Sections 6-18-10, Criminal Trespass, and 6-18-12, Menacing, of Chapter 18, Penal Code, of Title VI (Police Regulations). • 1 CITY OF RENTON, WASHINGTON 111 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 18, PENAL CODE, OF TITLE VI (POLICE REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY REPEALING SECTIONS 10, CRIMINAL TRESPASS, AND 12, MENACING. WHEREAS, Judge Terry Jurado of Renton Municipal Court, found that RMC § 6-18-10 A, Criminal Trespass, is unconstitutional; and WHEREAS, Judge Michael J. Fox of King County Superior Court, found that RMC 6- 18-12, Menacing, is unconstitutional; and WHEREAS, as the City has adopted by reference the state laws for Criminal Trespass and Harassment (which has the same elements as Menacing),; • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Sections 6-18-10, Criminal Trespass, and 6-18-12, Menacing, of Chapter 18, Penal Code, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby repealed. SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this ( day of , 2008. 41111 Bonnie I. Walton, City Clerk 1 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2008. III Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1427:1/31/08:scr 1111 III 2 .4. .4 CITY OF RENTON COUNCIL AGENDA BILL AIa: Z // , . ` Submitting Data: Planning/Building/Public Works For Agenda of: February 25, 2008 Dept/Div/Board.. Maintenance Services Division Staff Contact Mike Stenhouse (ext. 7400) Agenda Status Dave Hohn (ext. 7440) Consent X Subject: Public Hearing.. Request to Fill New Vehicle and Equipment Correspondence.. Mechanic I Position (Grade A15) at Step E of the 2008 Ordinance Salary Schedule Resolution _ Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept X Other 411 Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Authorization is requested to fill the new Vehicle and Equipment Mechanic I position (Grade A15) at Step E of the 2008 Salary Schedule. City Policy 300-41 requires that Council approve the filling of positions at salary ranges above Step C. The unique skills that the Fire District 40 candidate will bring to this position justify compensation at Step E of Grade A15. STAFF RECOMMENDATION: Authorize the Maintenance Services Division to hire for the new Vehicle and Equipment Mechanic I position (Grade A15) at Step E of the salary schedule. 1 • Rentonnet/agnbill/ bh ti°' O PLANNINGBUILDING/ • ® , PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: February 6, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimme :PW Administrator STAFF CONTACT: Mike Stenhouse, Maintenance Services Director(ext. 7400) Dave Hohn, Fleet Maintenance Manager (ext. 7440) SUBJECT: Request to Fill the Vacant Vehicle and Equipment Mechanic I Position (Grade A15) at Step E of the 2008 Salary Schedule ISSUE: • Should authorization be granted to the Maintenance Services Division to fill the new Vehicle and Equipment Mechanic I position (Grade,Al5) at Step E of the 2008 Salary Schedule? RECOMMENDATION: Authorize the Maintenance Services Division permission to fill the new Vehicle and Equipment Mechanic I position (Grade A15) at Step E of the salary schedule. BACKGROUND SUMMARY: The Planning/Building/Public Works Department requests authorization to fill the new Vehicle and Equipment Mechanic I position (Grade A15) at Step E of the salary schedule. City policy (300-41) requires that Council approve the filling of vacant positions at salary ranges above Step C. Due to the recently approved Benson Hill annexation, the City intends to provide fire and emergency services for Fire District 40. Fire District 40's vehicle mechanic is a highly qualified candidate for our new Vehicle and Equipment Mechanic I position (which was created as a result of the annexation). • Marcie Palmer,Council President Members of the Renton City Council Page 2 of 2 February 5,2008 • The Fire District 40 vehicle mechanic has unique skills that will be a significant asset to the Fleet Maintenance Section. In addition to his ability to maintain fire fighting vehicles, he is also able to maintain a wide variety of equipment ranging from tools such as chain saws up to fire pumps and life support equipment. The skills that this candidate will bring to our Fleet Maintenance Section justify our request to fill this position at Step E. This candidate will have to take a significant pay cut to accept the Vehicle and Mechanic I position at its current opening salary, Step C of the salary schedule. The salary range for this position is $47,820 per year(Step A)to $58,320 per year(Step E). The ability to offer this candidate the Vehicle and Equipment Mechanic I position at Grade A15, Step E, would help to offset reductions in the pay and benefits package that the candidate will sustain in accepting this position with the City. CONCLUSION: The Planning/Building/Public Works Department requests authorization to fill the vacant Vehicle and Equipment Mechanic I position (Grade A15) at Step E of the salary schedule. • cc: Mike Webby,Human Resources/Risk Management Administrator Mike Stenhouse,Maintenance Services Director Dave Hohn,Fleet Maintenance Manager File • h:\file sys\adm-pbpw adminstration\admin sec ii\2008\personnel\maintenance\request to hire mechanic fd40 step e issue paper 022508.doc CITY OF RENTON COUNCIL AGENDA BILL / AI#: /rl , ., •Submitting Data: Planning/Building/Public Works For Agenda of: February 25, 2008 Dept/Div/Board.. Maintenance Services Division Staff Contact Mike Stenhouse (ext. 7400) Agenda Status Richard Marshall (ext. 7400) Consent X Subject: Public Hearing.. Request to Fill Surface Water Maintenance Worker II Correspondence.. Position (Grade A08) at Step D of the 2008 Salary Ordinance Schedule Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Refer to Finance Committee Legal Dept Finance Dept X Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. •SUMMARY OF ACTION: Authorization is requested to fill the new Surface Water Maintenance Worker II position (Grade A08) at Step D of the 2008 Salary Schedule. City Policy 300-41 requires that Council approve the filling of positions at salary ranges above Step C. The level of skills and knowledge that this maintenance worker candidate will bring to this position justify compensation at Step D of Grade A08. The candidate could be hired as a Surface Water Maintenance Worker III (Grade Al2, Step C) however, the candidate has not yet obtained a Class B or higher CDL which is a requirement of all levels of the Maintenance Worker III position. STAFF RECOMMENDATION: Authorize the Maintenance Services Division to hire for the new Surface Water Maintenance Worker II position (Grade A08) at Step D of the salary schedule. • Rentonnet/agnbill/ bh J , ti`S Ot PLANNING/BUILDING/ ® + PUBLIC WORKS DEPARTMENT '�N�O� MEMORANDUM DATE: February 18, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: f2— Denis Law, Mayor FROM: Gregg Zimmermalt PWIAdministrator STAFF CONTACT: Mike Stenhouse, Maintenance Services Director(ext. 7400) Richard Marshall, Water Maintenance Supervisor (ext. 7400) SUBJECT: Request to Fill the Surface Water Maintenance Worker II Position (Grade A08) at Step D of the 2008 Salary Schedule ISSUE: Should authorization be granted to the Maintenance Services Division to fill the new • Surface Water Maintenance Worker II position (Grade A08) at Step D of the 2008 Salary Schedule? RECOMMENDATION: Authorize the Maintenance Services Division to fill the new Surface Water Maintenance Worker II position(Grade A08) at Step D of the salary schedule. BACKGROUND SUMMARY: The Planning/Building/Public Works Department requests authorization to fill the new Surface Water Maintenance Worker II position(Grade A08) at Step D of the salary schedule. City policy (300-41)requires that Council approve the filling of vacant positions at salary ranges above Step C. Due to the recently approved Benson Hill annexation, approval was given for the City Maintenance Services Division to hire four Surface Water Maintenance Worker III positions. A maintenance worker eligibility list is onlfile with the Human Resources Department from which a candidate for one of these positions has been selected. The top candidate has an extensive background as a storm and sewer water line installer and equipment operator in the construction field, and possesses most of the other requirements to meet the needs of a Surface Water Maintenance Worker III. The only qualifications as a Maintenance Worker III that this candidate lacks are knowledge of the • City's surface water infrastructure, which must be learned on the job, and a Class B or Marcie Palmer, Council President Members of the Renton City Council Page 2 of 2 February 18,2008 • higher CDL. Hiring this candidate as a Maintenance Worker II at Grade A08, Step D is comparable as hiring him as a Maintenance Worker III at Grade Al2, Step B. The candidate has agreed to begin the process necessary for obtaining a Class B or higher CDL over the next year. Since the Maintenance Workers I, II, and III are listed as part of the Classification Series outlined in Policy#320-01, promotion of the candidate to a Maintenance Worker III would occur upon obtaining his CDL. This candidate will have to take a significant pay cut to accept the Surface Water Maintenance Worker II position at its current opening salary, Step C or even at Step E of the salary schedule. Hiring the candidate at a Step D would lessen the hardship of a salary cut for the candidate. The salary range for this position is $40,260 per year(Step A)to $49,080 per year(Step E). The ability to offer this candidate the Surface Water Maintenance Worker II position at Grade A08, Step D, would help to offset reductions in the pay and benefits package that the candidate will sustain in accepting this position with the City. CONCLUSION: The Planning/Building/Public Works Department requests authorization to fill the vacant Surface Water Maintenance Worker II position (Grade A08) at Step D of the salary schedule. • cc: Mike Webby,Human Resources/Risk Management Administrator Mike Bailey,Finance/IS Administrator Mike Stenhouse,Maintenance Services Director Richard Marshall,Water Maintenance Supervisor Nenita Ching,PBPW Principal Financial and Administrative Analyst File • h:\file sys\adm-pbpw adminstration\admin sec ii\2008\personnel\maintenance\request to hire surface water maint wrk ii step d issue paper 022508.doc CITY OF RENTON COUNCIL AGENDA BILL 6- AI#: t • Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division February 25, 2008 Staff Contact Peter Hahn, Deputy PBPW Agenda Status Administrator - Transportation Ext. 7242 Consent X Subject: Public Hearing.. Rainier Avenue Arterial Improvement Project Correspondence.. (Railroad Bridge Construction Phase) Ordinance Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Second Amendment to Interlocal Agreement Information Rainier Avenue TIP #7 Sheet Approvals: Recommended Action: Legal Dept X Council Concur Finance Dept Fiscal Impact: (Rainier Avenue - Grady Way to South 2nd Street -T12703) Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $2,500,000 Amount Needed City Share Total Project. SUMMARY OF ACTION: On May 3, 2006, Sound Transit and the City of Renton entered into Interlocal Agreement CAG 06-069 • for two projects: Hardie-Rainier Corridor Improvements and the SW 27th/Strander Blvd. project. This agreement specified that Sound Transit would contribute $14.9 million toward the Hardie-Rainier project and $4 million toward SW 27th/Strander Blvd. Earlier in 2007, the City of Renton revised the scope of the Hardie-Rainier project following cost estimates at the 30 percent design completion milestone. The new project is limited to Rainier Avenue South only, with the new project limit on the south end extending to South Grady Way. The first amendment to CAG 06-69 detailed the changes within the project limits and was approved by the Sound Transit Board in December 2007, and approved by the Renton City Council on January 14, 2008. The purpose of this second amendment to CAG 06-69 is to describe the commitments of the parties relative to the Rainier Avenue Arterial Railroad Overpass Improvement sub-project, which is one component of the larger Rainier Avenue Arterial Improvements project. This amendment to the interlocal agreement is a formalization of the continued Sound Transit participation in the revised project and confirms the Sound Transit $2,500,000 funding contribution for the Rainier Avenue Railroad Bridge. The City Council has already been briefed on the Hardie-Rainier project changes, and the recently adopted Six-Year Transportation Improvement Program already reflects these changes. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the second amendment to the agreement between the Central Puget Sound Regional Transit Authority (aka Sound Transit) and the City of Renton. 1111 C:\DOCUME-1\BWalton\LOCALS-I\Temp\ST ILA 2ndamendment FEB2008 agenda bill.doc • &fY On � PLANNING/BUILDING/ ;� ® PUBLIC WORKS DEPARTMENT 'N�O� MEMORANDUM DATE: February 25, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor's DL- FROM: Gregg Zimmermaiq!13BPW Administrator t STAFF CONTACT: Peter Hahn, Deputy PBPW Administrator—Transportation Ext. 7242 SUBJECT: Rainier Avenue Arterial Improvement Project (Railroad Bridge Construction Phase) ISSUE: Should Council authorize the Mayor and City Clerk to execute the second amendment to an agreement between the Central Puget Sound Regional Transit Authority (aka Sound Transit) and the City of Renton? • RECOMMENDATION: Authorize the Mayor and City Clerk to execute the second amendment to the agreement between the Central Puget Sound Regional Transit Authority(aka Sound Transit) and the City of Renton. BACKGROUND: On May 3, 2006, Sound Transit and the City of Renton entered into Interlocal Agreement CAG 06-069 for two projects: Hardie-Rainier Corridor Improvements and the SW 27th/Strander Blvd. project. This agreement specified that Sound Transit would contribute $14.9 million toward the Hardie-Rainier project and $4 million toward SW 27th/Strander Blvd. Earlier in 2007, the City of Renton revised the scope of the Hardie-Rainier project following cost estimates at the 30 percent design completion milestone. The new project is limited to Rainier Avenue South only, with the new project limit on the south end extending to South Grady Way. The first amendment to CAG 06-69 detailed the changes within the project limits and was approved by the Sound Transit Board in December 2007, and approved by the Renton City Council on January 14, 2008. • Marcie Palmer,Council President Members of the Renton City Council Page 2 of 2 February 25,2008 • The purpose of this second amendment to CAG 06-69 is to describe the commitments of the parties relative to the Rainier Avenue Arterial Railroad Overpass Improvement sub-project, which is one component of the larger Rainier Avenue Arterial Improvements project. This amendment to the interlocal agreement is a formalization of the continued Sound Transit participation in the revised project and confirms Sound Transit $2,500,000 funding contribution for the Rainier Avenue Railroad Bridge. The City Council has already been briefed on the Hardie-Rainier project changes, and the recently adopted Six-Year Transportation Improvement Program already reflects these changes. cc: Jim Seitz,Transportation Planning and Programming Supervisor Juliana Fries,Program Development Coordinator Connie Brundage,Transportation Administrative Secretary File • • IL:Wile Sys\TRP-Transportation Planning&Programming\TRP-01-Interagency Coordination\ST ILA amendment February 2008 issue paper.doc $ SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE • CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF RENTON Rainier Avenue Arterial Improvement Project Railroad Bridge Construction Phase THIS Second Amendment is made to the Interlocal Cooperative Agreement between the Central Puget Sound Regional Transit Authority (hereinafter referred to as "Sound Transit") and the City of Renton, a municipal corporation ("Renton" or"City'), dated May 3, 2006. RECITALS WHEREAS, the City and Sound Transit entered into an Interlocal Cooperative Agreement on May 3, 2006 (the "2006 Agreement") to outline the scope, schedule and budget for the Strander Boulevard/SW 27th Street Extension, West Valley Highway to Oaksdale Ave S.W., and Rainier Avenue Arterial Improvements Projects; and WHEREAS,the Parties amended the scope of the Rainier Avenue Arterial Improvements Project resulting in the First Amendment to an Agreement Between the Central Puget Sound Regional Transit Authority and the City of Renton (the "First Amendment to the 2006 Agreement"), without increasing Sound Transit's financial contribution as provided in the 2006 Agreement; and WHEREAS, the Rainier Avenue Arterial Improvement Project will construct a north and • southbound business access and transit(BAT) lanes on Rainier Avenue South that will improve Sound Transit and King County Metro express bus service; and WHEREAS, future construction of the BAT lanes on Rainer Avenue South are contingent upon the rebuilding and lengthening of the BNSF Rainier Avenue South Railroad Overpass, which BNSF has rebuilt and lengthened; and WHEREAS, the cost to the City to rebuild and lengthen the Rainier Avenue South Railroad Overpass is estimated to be $4,682,000 NOW THEREFORE, for and in consideration of the mutual covenants contained herein the City and Sound Transit do hereby agree to amend the 2006 Agreement as follows. 1.0 PURPOSE The purpose of this Second Amendment to the 2006 Agreement is to describe the commitments of the Parties relative to the Rainier Avenue Arterial Railroad Overpass Improvement Sub-Project, which is one component of the larger Rainier Avenue Arterial Improvements Project. • H:\File Sys\TRP-Transportation Planning&Programming\TRP-01 -Interagency Coordination\Rainier Avenue RR Crossing Construction Phase Agreement(2) 1-16(3).doc 2.0 SCOPE AND SCHEDULE OF RAINIER AVENUE ARTERIAL RAILROAD OVERPASS IMPROVEMENT SUB-PROJECT • 2.1 Rainier Avenue Arterial Railroad Overpass Improvement Sub-Project: General Project Scope, Description. BNSF will reconstruct the Rainier Avenue South Railroad Overpass, more particularly described on the Exhibit A attached hereto and incorporated herein, including, but not limited to, any and all changes to utilities and appurtenances, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities and construction engineering. 2.2 The construction of the Rainier Avenue Arterial Railroad Overpass Improvement Sub-Project was completed in Winter 2008. 3.0 FUNDING OBILIGATIONS 3.1 As provided in the 2006 Agreement, and which will remain unchanged by this Second Amendment, Fourteen Million Nine Hundred Thousand dollars ($14,900,000)will be the maximum amount of the Sound Transit funding contributions to the City for completion of the Rainier Avenue Arterial Improvements Project. As more fully set forth in the 2006 Agreement, Two Million Five Hundred Thousand Dollars ($2,500,000) of that amount is for completion of the preliminary engineering and environmental documentation for the Transit Elements, and the remaining Twelve Million Four Hundred Thousand Dollars ($12,400,000) is for right-of-way acquisition, final design and construction of the Transit Elements. 1111 3.2 Pursuant to this Second Amendment, Sound Transit will pay to the City the amount of Two Million Five Hundred Thousand Dollars ($2,500,000) for the Rainier Avenue Arterial Railroad Overpass Improvement Sub-Project. The amount provided pursuant to this Second Amendment shall be considered part of the Twelve Million Four Hundred Thousand Dollars ($12,400,000) for right-of-way acquisition, final design and construction of the Transit Elements. The estimate of Project costs is attached at Exhibit B. 3.3 The remaining portion of Sound Transit's funding for the right-of-way acquisition, final design and construction of the Transit Elements of the Rainier Avenue Arterial Improvements Project will be provided pursuant to separate agreements for final design and construction that will incorporate terms and conditions consistent with the 2006 Agreement and all applicable amendments thereto and other terms appropriate for these phases of the work. 3.4 All remaining funding for the Rainier Avenue Arterial Improvements Project, including the preliminary engineering and environmental documentation, and final design, right of way acquisition, and construction of the City's Projects will be provided by the City through City funds or other funding obtained by the City. If the actual cost of the Rainier Avenue Arterial Improvements Project exceeds the City's estimates for the project, Sound Transit shall not be obligated to increase its • contribution under the 2006 Agreement or this or any prior amendment to the 2006 Agreement. If the total Project costs exceed the available matching funding from the H:\File Sys\TRP-Transportation Planning&Programming\TRP-01 -Interagency Coordination\Rainier Avenue RR Crossing Construction Phase Agreement(2) 1-16(3).doc r City or other sources, the City may reduce the scope of the general purpose improvements, but in no event shall the City reduce the size and scope of the Transit Elements, unless written approval is received from Sound Transit. • 3.5 The Parties acknowledge that the Rainier Avenue Arterial Railroad Overpass Improvement Sub-Project is not a Transit Element. 3.6 In the event that the City for any reason: • does not substantially begin construction activities related to the Transit Elements of the Rainier Avenue Arterial Improvements Project by October 1, 2009, or • does not achieve substantial completion of all of the Transit Elements of the Rainier Avenue Arterial Improvements Project by April 1, 2012, the City shall, within thirty(30) days of written request by Sound Transit, reimburse to Sound Transit all amounts paid under this Second Amendment by Sound Transit to the City, plus interest. Interest shall be calculated from the date Sound Transit provides the funds to the City until the date such funds are returned to Sound Transit. Interest shall be calculated at a rate of six percent (6%)per annum. 4.0 EFFECT OF SECOND AMENDMENT Unless expressly revised by this Second Amendment, all other terms and conditions of the 2006 Agreement, as amended by the First Amendment to the 2006 Agreement, shall remain in effect and unchanged by this Second Amendment. • IN WITNESS WHEREOF,the Parties hereto hereby agree to the terms and Conditions of this Agreement as of the date first written above. For the City of Renton: For Sound Transit: By: Denis Law By: Joan M. Earl Title: Mayor Title: Executive Officer Approved as to Form: Approved as to Form: By: Lawrence J. Warren By: Loren G. Armstrong Title: Renton Legal Counsel Title: Sound Transit Legal Counsel Attest: By: Bonnie I. 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E oitr., • SS'ioNAt.VG • 00N 1BRIBEN -q-ln i •fa I 012 0e 1 Pier be 1 Mut.Ib.4 I O�rN�-•� r-/Z-•�a j TO ELEVATIONS FOR NEN BRI 13.v MOS a042.11 .�r rw.Let v m l.in1 MST/NM HAI Pfd 0111 L41.141 ���t. 1.100.1.1 Xi.to nit[aRa COMM2C0-111 � BRIDLE 14110X1111.7 441%1 4'44Il MS vo,..o14R• SY*3401,4 MON 0.1121 0117,1 01St 22411011111u.tiCM.m SON MINI 00110 4F0ELFOI Ku.. ..........f GENERAL PLAN d ELEVATION LITE IEE1 415 WI.015tH swum aim FIA IR e1le-11.1.53 49E111 1 m m • • • • ;' III - - _______S -IP- .,,,,,.....t . City of Renton Rainier.Avriud South BAT Lanes ara November 27,2007 SOUNDTRANSiT • _.':':••••.'.'-:•:•'-:•::..,.,,:.,:•.:::•••••••••:•••'•':'•'::::::•:.:-:::,:•:•::,:•:.:::•:::::::.::::.•:.:::-:-:::::•:•:•:::•:-:.:•:::::::::::.:•::•:::::::::::::-:.:x.!.:•:•:::.:.:•:•:..::::::.::::.:.:-:-:•:'::.:7:::.:-:.:•:•:•:.:.:.:.:•:.:.:.:.:::-:.:•:.:•••:•:.:.:•:.:•:•:.:-'.:.:.:::::::::•:-:.:•:•:•:•:•:-:•:•:.:•:-:,:,::':.::•:. ,Kalii.IT'-'4011'0.:$:;!:0.*ti.iii$::::::::•:::-:::'::::::::::::.'::::::::::::..::::::::::::::::::.:::::::::::::•;::::-;:::,:::::::::::::::::::::::::.:::::::::::::::::::::•:::::::::::':':::::::::*:::::::•:::::::::::::::::::::::::::':::::::.::::::::::::::::::::::::::::::::::::;'.::;::::::::::::::::'::::::::::::::::t ......"...,...-..:.:--;-:•:-:.:•:...:,:-:-:-:.:.:-:.:•:-:•:-:-:-:-:::.:::•:::•:.:.:•:.•:::.'•:-'...:•:•:.:-:-:•:-:-:,:.:.:.:.:-:.:.:-:•:::.:•:::-:.:-:,:-:.:,:-:-:-:.:-:-:-•..:•:.:::•::•-.:•:•:•:•:•:•:•:...:•:.::::•.:,:•:•:::•:,:•:::,:.:,:-.:.:-:.:.:.:•:.:•:•:::.::.:-:•:.:-:•:,:•:•:•:•:.:•:•:•:-:•:•*.•::::-:-:•:•::,..-:•:•:,:-:'.::•:.!.:•:-:.:•:•:' PROJECT ELEMENTS- . Construction Cost Allied Cost ($) ROW($) • ::I Transit Benefit(%) OP Benefit(76)- I Transli:Cost($) GP Gest($) North BAT Lane 2,620,000 1,440,000 : 3,500,000 100% 0% t 7560600 0 1 South BAT Lane . 2,000,000 1,090,000 .2:200,000 100% 0% 5,290,000 0 ' Rainier RR Bridge 3,955,000 1 727,000 0 53% 47% 2,500,066 2,182,000 Hardie Rli Bridge ! ! 3,675,000 :680,000 0 0% 100% 0 4,355,000 ,.. ' Shattuck RR Bridge 989,000 174,000 0 0% 100% 0 • 1,143000 !I' Curb,Gutter,Plantings. 720,000 400,000 0 10% 90% : 112,000 • 1008;000 ' Sidewalk 200,000 110000 0 ' 40% • 60% 124,000 .186000 illuniinatiOn 460,000 250,000 0 40% 60% 284,000 , 426,000 Grady Way Intersection 660,000 360,000 , 300,000 70% 30% 61,7;09 193',000 SW 7th Street Intersection 650,000 380,000 000,000 "70% 30% 917',606 3931;00., _ . S 4th Place intersection 456,000. 250,000 '- 300,000 : 70% 1 30% 700,000 300;000 S 3rd Pleceltntersection. :: 350,000 ' 190,000 100,000 50% 59%. 320,000 320,000 . • . . „„. '5*Street Intersection 400,000 .220,000 300;000 50% j 50% 460,060. ' 460,000 : __ . ! ' S 2nd stree;Intersection 350,000 190,000 100,000 50% 50% 320,000 320,000 ' Accoss1Restrictians 950,000 520,000 0 50% 50% 735,000735,000 , -- Urban Amenities 250,000 140,000 0 0% . 100% 0 390,000 . ' 18649;000 7,101,000 ' 7,100000 - 20,239,000' . 12,611,000' Totals 32,850,000 . ,,, , . 32-850,000 i.,............., . .. KPG * Allied Cost Includes 20%Contingencies,2%Inflation for 2.5 years,20%Design Engineering,10%Construction Engineering FY;\111-,U•DA:"9'A - ' - _ :R;.t•,',CPV:"'•S'Ar:,'•vn';;',>` /� .c't Yril..y,Y' i"?': 1'itit"°'� .i7i'nf'dl"r: ;',' • Q1'r.y .rig:. .'�;at.f1, w....V.,w-6t' y:... 'LW!.,: .:,','..i3 >. .1.s+ }}A e+ 4 y;• , "'T' 'x Jo' el- ,r j<t M t} "'4,i,�•J'',14N-7 S 1 40 f i0:, J t.. \ � "�'��,eb i"A 1'Y,�', L a^IS,*'�e',y� / i-Y xvaL'i�1•� ''y .-47 {I• YX.�{, 1 U2'fy.�y.. �'I �� Y. 4 e.. .: L 3 0A ,k. a +�'. 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CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2008-2013 SIX-YEAR TIP Rainier Ave. Improvements - Grady Way to S 2nd Street Functional Classification: Principal&Minor Fund: 317 Proj.Length: 0.85 mi Proj: 12703 TIP No. 7 CONTACT: Derek Akesson 425.430.7243 DESCRIPTION: STATUS: Improvements remove barriers, eliminate sub-standard conditions,control and consolidate The Sound Transit(ST)agreement authorizes$14.9 million ST funds for transit access points to existing major businesses, provide an enhanced pedestrian environment. improvements.Two State Pedestrian and Bicycle Safety Grants have been Project elements include adding BAT(business access and transit)lanes(north and awarded: $200,000 in 2006 and$230,000 in 2007(to be used for non-motorized southbound), removing the BNSF railroad bridge support pier, lowering the roadway to provide improvements). TIB awarded$2,202,000 in Transportation Partnership Program standard clearance under the bridge, adding left-turn lanes at intersections,widening sidewalks (TPP)grant funds in 2003.TIB awarded$1,906,200 in Urban Arterial Program(UAP) with streetscaping, adding pedestrian-scale illumination, bollards(at crossings),transit facility grant funds in 2006.$950,000 of mitigation funds must be dedicated to fulfill improvements(shelters, benches, info kiosks), planted buffer strips and landscaped medians. grant requirements to this project. JUSTIFICATION: CHANGES: Rainier Ave is a critical corridor in central Renton with existing operational problems and in need of This project has been expanded to extend improvements to Grady Way.The Hardie Ave infrasructure enhancements to provide greater ease of non-motorized and transit-based travel. Existing project has been dropped due to excessive costs increases and environmental high level of traffic congestion and accidents. Improvements will enhance traffic flow and reduce issues. Sound Transit(ST)funds are being transferred to the Rainier project. Design and construction of the main trunk storm water(estimated as$800,000) accidents. BAT lanes will be provided from S 2nd St to Grady Way southbound and from Grady Way to S will be funded by Utilities and are not included in the TIP. Roadway construction is 3rd St northbound. estimated to start in 2009. I Funded :I 27,396,3911 Unfunded :1 2,600,000 Project Totals Programmed Pre-2008 Six Year Program ITEM Programmed Spent Pre-2007 2007 Total 2008 2009 2010 2011 2012 2013 EXPENSES: Project Development Precon Enq/Admin 3,795,227 795,227 1,000,000 2,000,000 2,000,000 R-O-W(includes Admin) 7,000,984 984 200,000 6,800,000 6,800,000 Construction Contract 11,280,180 180 11,280,000 880,000 6,000,000 3,300,000 1,100,000 Construction Eng/Admin 1,520,000 1,520,000 120,000 800,000 400,000 200,000 Other 6,400,000 6,000,000 400,000 400,000 TOTAL EXPENSES 29,996,391 796,391 7,200,000 22,000,000 10,200,000 6,800,000 3,700,000 1,300,000 SOURCES OF FUNDS: Vehicle Fuel Tax 708,000 -113,000 595,000 235,000 '150,000 210,000 Business License Fee 854,487 46,687 - 62,800 745,000 300,000 100,000 345,000 Proposed Fund Balance 2,767,237 181,437 • 2,544,200 41,600 41,600 Grants In-Hand 4,538,200 399,000 180,000 3,959,200 373,400 1,792,900 1,000,000 792,900 Mitigation In-Hand 3,495,365 127,371 -1,300,000 2,067,994 450,000 765,894 645,000 207,100 Vehicle Fuel Tax 500,000 500,000 500,000 Other In-Hand (Sound Tran.) 14,533,102 41,896 3,000,000 11,491,206 8,800,000 2,691,206 Grants Proposed (T.I.B.) 2,600,000 2,600,000 1,300,000 1,000,000 300,-000, Mitigation Proposed L.I.D.'s Proposed Other Proposed Undetermined TOTAL SOURCES 29,996,391 796,391 7,200,000 22,000,000 10,200,000 6,800,000 3,700,000 1,300,000 a III 08 5-7 17'a5 PM 411)FINAL F. d d CITY OF RENTON COUNCIL AGENDA BILL 11se�4441 eida_ .. I AI#: 6. 11• Submitting Data: For Agenda of: February 25, 2008 Dept/Div/Board.. Human Resources/Risk Management Staff Contact Eileen Flott Agenda Status Consent X Subject: Public Hearing.. Classifications effective January 2008. Correspondence.. Ordinance • Resolution Old Business Exhibits: New Business Job Specifications Communications Specialist I & II Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept X Other Fiscal Impact: Expenditure Required... $0 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Current Title New Budget Grade Change2008 Communication Specialist I (new position due to a12 $ 0 Benson Hill Annexation Communication Specialist II (new position due to a21 $ 0 Benson Hill Annexation represented by L2170. Communication Specialist II (new position due to m21 $0 Benson Hill Annexation (AJLS Dept non-represented) These positions were previously approved in the Annexation budget. Subsequent to their approval salary surveys were conducted reviewing similar positions in the Puget Sound labor market. As a result, salary range a12, a21, and m21 were determined to be appropriate for the Communication Specialist positions. Staff has reviewed the approved salary budget for these positions and has determined no budget changes will be necessary to fund these positions during the remainder of 2008. STAFF RECOMMENDATION: Approve salary grades as proposed for the new position . Rentonnet/agnbill/ bh 1 CITY OF RENTON CLASS TITLE: Communications Specialist I ( ) BASIC FUNCTION: Under the direction of an assigned supervisor, develop and implement comprehensive external and internal communication strategies. Serve as a liaison as assigned. Create and manage content for Department publications (external and internal), the municipal web site, government access television programming; newsletters and other informational and promotional mechanisms. Work with other communication staff and provide timely and accurate information`for the city's newsletter. Coordinate relevant activities that may affect the City of Renton's service to its customers. Ensure consistency in design and branding with the citywide graphic standards. DISTINGUISHING CHARACTERISTICS: The person in this position must support effective relationships with the community including community associations, the business community, civic organizations, regional partners, the media,various interested groups and individuals and with other city departments. REPRESENTATIVE DUTIES: * Plan, organize and creatively develop public information materials in print,web and other formats on various issues and topics related to the Department to target key external and internal audiences. Develop and recommend new communication methods and enhancements to better achieve department goals. Research, evaluate and apply as appropriate emerging communications technology. * Participate in inter-departmental communications efforts as they relate to projects in an assigned department and provide timely and accurate information during emergencies. * Get input from project managers and update web pages to provide information that is clear and easily understood by the public in accordance with City Policy. * Participate in the City's web team(bi-monthlyi meetings) to represent the department and to continue enhancements and improvements on the website * Create flyers and other information pieces as needed to get the word out on key projects. * Gather relevant program and project information from staff for inclusion in the Renton Now newsletter, City's home page and other communication channels * Develop draft press releases, talking points and other material on programs and projects related to the department. * Provide support for the City of Renton's Emergency Operations Center (EOC) during emergency activation and coordinate communications with the staff in the field, the EOC and the Mayor's office during emergencies. * Maintain favorable relations with the public, community leaders, the media and internal information sources. * Identify issues and promote events affecting citizens in the Renton service area. 4 Communications Specialist I Page 2 * Support the coordination of public meetings; in coordination with staff from the department and other City staff. * Represent the department at community meetings and provide community and stakeholder outreach on key issues. * Advise and consult with staff on appropriate ways to communicate specific messages to ensure accuracy, consistency and positive Department image. * Assist in coordination and implementation of Department-wide marketing activities. *Assist in preparation of surveys and other tools to measure public opinion of the Department's effectiveness. * Assure the quality and consistency of public displays. * Assist in working with the media under the guidance of the assigned supervisor. All other duties as assigned. KNOWLEDGE AND ABILITIES: KNOWLEDGE OF: • Modern and complex principles and practices of community and media relations. • City organization, operations, policies and objectives. • Media relations and resources available for dissemination of public information. • Correct English usage, grammar, spelling, punctuation and vocabulary. • Basic telecommunications and government access televisions systems, techniques and applications. • Computer systems and various applications programs. • Adobe Creative Suite: InDesign, PhotoShop, Illustrator, Acrobat. • Microsoft Office and PowerPoint. • Basic research methods. ABILITY TO: • Design and implement effective public information programs utilizing a variety of methods, techniques and media. • Assist in developing and implementing broad-range communication strategies to support department policies, objectives and activities. • Respond quickly and appropriately to inquiries from citizens, the media, and other external customers regarding all areas of department services and programs. • Maintain effective working relationships with the media, community, and staff. • Manage multiple projects and tasks. • Prepare public information and advertising materials. • Exercise discretion and maintain confidentiality. • Research,write and edit publications, marketing materials and reports • Prepare and maintain records and reports. • Accurately determine the news value of municipal activities. • Analyze situations accurately and adopt an effective course of action. Communications Specialist I Page 3 • communicate throughvarious means, such as oral, written, visual, etc. Professionally • Prepare and deliver effective public presentations. • Deliver effective oral, written and visual communications. • Effectively plan, organize, prioritize, and schedule work. • Work independently with little direction. EDUCATION AND EXPERIENCE: Any combination equivalent to: two years of college with specialization in journalism, public relations, communications, marketing, business or public administration or a related field. Two years of experience producing communications/publications OR a combination of education, training, and experience that indicates successful completion of the primary functions listed above. (Multilingual a plus ). WORKING CONDITIONS: Work is generally performed in an office environment but travel to meetings and other gatherings may be required. May also require attendance at night meetings. * Denotes essential functions Effective Date:February 2008 . y CITY OF RENTON CLASS TITLE: Communications Specialist II ( ) BASIC FUNCTION: This position reports to an assigned supervisor and will be responsible for developing and implementing communications and outreach strategies for the City of Renton. The position will assist in developing and implementing outreach initiatives in the community, helping to shape the message, identify the audience, develop related materials, and coordinate events; assist in responding to information requests from the public; and assist in working with the media. This position can also develop and coordinate the public education and information for any particular department of the City. Coordinate with the City's Communications Director in development of a unified message. Reduce risk through education information. This position is responsible for creatively developing public information materials in both print and web formats including newsletters,public information bulletins,brochures,booklets,posters, flyers, and PowerPoint presentations. May also require attendance to nightly meetings. DISTINGUISHING CHARACTERISTICS: The person in this position must establish effective relationships with the community including community associations, the business community, civic organizations, regional partners, the media,various interested groups and individuals and with other city departments. REPRESENTATIVE DUTIES: Community Outreach: * Develop and implement an inclusive strategy for community outreach on a broad range of issues. * Make presentations at community meetings and events; follow-up with citizens on a broad range of topics. *Assist with the Mayor and Council presentations at various events; contact event organizers for logistics and other details,prepare speaking points, assist with background material. *Advise and collaborate with staff and policymakers to ensure effective outreach and service delivery strategies. Communications and Graphic Design: * Under the direction of an assigned supervisor,coordinate external communication efforts,including ensuring consistency in presenting City information to the public in a timely and effective manner. * Facilitate interdepartmental communications team on City publications and communication opportunities. * Write content for, and oversee production of, communications and resource materials *Develop content,write and edit copy, and hands-on design,of the City newsletter; coordinate its distribution and mailing. * Prepare and design new materials including brochures,direct mail,agency reports,etc.; coordinate layout,production and delivery. * Assists staff in the design of visual materials,including but not limited to large posters, banners,flyers,brochures and annual reports. Communications Specialist II Page 2 * Write and edit press materials.Handle calls from the media under the direction of an ivi . *Assistasswithgned thesuperdissemination of prompt,accurate emergency public information during emergency and disaster situations. *Work with City departments and emergency management staff to develop and implement comprehensive communications plan for disaster and emergency preparedness and response. Web and Internal Communications: *Prepare written and graphic material for the City's website; review web pages assigned to a specific department,revise and update the material as needed,create new material and assist in providing overall editorial oversight. * Post approved materials to the website. *Develop,organize,implement and maintain an internal communications strategy to communicate information to employees,ensuring a consistent, effective and efficient process. Public Education: * Public educator for the private and public sector. * Promote and deliver adult/juvenile education programs. *Research, develop,and manage programs. * Provide information to the Communications Specialist 1 for development into multi media. * Conduct research on the effectiveness of communications strategies and recommend alternative approaches as necessary. * Facilitate meetings,and gatherings for the purpose of disseminating information to a variety of audiences. * Establish relationships with media. * Develop and deliver presentations at community gatherings and before business groups, service organizations and the media; coordinate staff participation in related events.. * Facilitate department participation in public events and gatherings Perform related duties as assigned. KNOWLEDGE AND ABILITIES: KNOWLEDGE OF: • Program outreach and marketing,technical communications,public relations, or public speaking • Media relations and resources available for dissemination of public information. • Modern and complex principles and practices of community and media relations. • Knowledge of Microsoft Office, Word,PowerPoint,InDesign,Photoshop, Pagemaker, basic HTML,Adobe Acrobat and basic email program.) • City organization, operations, policies and objectives. ABILITY TO: • Quickly change priorities in a project-oriented work environment with tight timelines set Communications Specialist II Page 3 • � by external factors,working to ensure overall consistency. • Convey complex information to the general public verbally, graphically and via the web • Advise senior management on program direction and policy options, and leading multidisciplinary work teams across organizational lines • Demonstrated ability to manage projects and multiple tasks. • Working in diverse communities and experience with multi-cultural groups a plus • Must be available to work some evenings and weekends. EDUCATION AND EXPERIENCE: Any combination equivalent to: Bachelor's degree in communications,public relations or related field and three years of professional communications,public relations, education, outreach or related field. Experience developing,presenting, and coordinating public information and education programs is required. Proficiency in some or all of the following programs: Word, PowerPoint, InDesign,Photoshop,Pagemaker,basic HTML, Adobe Acrobat and basic email program. Proficiency in web capabilities and graphic design is required for some positions, which includes both print and web/online design. Excellent oral and written communication skills. WORKING CONDITIONS: Work is generally performed in an office environment but travel to meetings and other gatherings will be required. May also require attendance to nightly meetings. *Denotes an essential function Effective Date:February 2008 ' APPROVED BY `COMMITTEE OF THE WHOLE t3YaBL COMMITTEE.REPORT Data a'_2 '= d4r` February.25;2008 Renton Pool Interlocal Agreement Renton School District 403' • (February 11, 2008). C.: The Committee of the Whole:recommends: that.the Mayor and City Clerk_:be authorized to s"enter into and execute the interlocal"agreement with RentonSchool-District #403 to provide financial support for the Renton Pool: at Lindbergh High School.-The Committee further recommends that the..resolution regarding:this matter be presented for reading and adoption. . ar:ie Palmer, Council.1resi e-a t , : , Pc: Marty Wine - Terry Higashiyama APPROVED BY CITY COUNCIL, FINANCE COMMITTEE REPORT Date 72 0 February 25,2008 APPROVAL OF CLAIMS'AND PAYROLL VOUCHERS • -_ The.Finance_Committee approves for payment'on February°25,2008,:claim vouchers 269147=269560 and 1 wire transfer, totaling.$2,669,175.62, and 698 direct deposits, 163 payroll vouchers, and 1 wire,transfers totaling $2,723,594:24 Don;Persson, Chair - I i hair King:_Parker, Member APPROVED BY • CITY.COUNCIL FINANCE COMMITTEE COMMI-TTEE REPORT date February 25, 2008 Hire:Judicial Specialist at a08 step E (February.4,:2008) The Finance Committee recommends concurrence in the staff recommendation to approve the` - hiring of a Judicial Specialist.at.grade a08,''step.E,.with.a startdate of March 3 2008:' Don Persson, Chair Teri ' - e, ,3"IN hair # a. Ki "'arker, Member -.: :. cc: Joseph-McGuire Nuchae! tik.h1 / Bey ml'eI?Qel. �a1 .y t CITY COUNCIL - : PLANNING AND DEVELOPMENT:COMMITTEE COMMITTEE:REPORT Data February.25,2008 Title 1V Docket (Referred 5/14/07).....: "The - Planning; and Development Committee: recommends :concurrence: in the staff recommendation:to set a :public hearing on March 10;• 2008 for:the following two docket , • items:;:1) Helipad Use:,in,the R-8': Zone; and:.2) Amendments to the Commercial Office Residentia1.(COR) Zone. -ng r,.Chair Rich=Zwicker V C1iai ( ; Greg Ta , Member ' s cc: Alex.Pietsch.. Rebecca Lind, Erica Conlding f Docket Group#2 Helipad and COR.doc\ Rev 01/b8 bh : • ° • APPROVED • CITY-COUNCIL _ . • COMMUNITY SERVICES COMMITTEE REPORT Date ° • February 25, 2008: Housing Re_pair.'Assistance Program Policy'Revisions (Referred February:.. 4, 2008) . .. . .'. The Community Services;Committee recommends concurrence'in;the staff:recommendation.. to adopt the revised policies'of the':City-'of Renton Housing Repair Assistance Program _ Revisions include: - { : 1) Annual expenditure limits will be,based on the three=tier qualifying income:criteria for " ' theprogram's clients, and the-ten-year expenditure limit will be raised to $1'0,000 for all clients,regardless of income; 2) Services will not be provided until.a'year after the home is purchased;and . Thehealth and safety repairs'that the"program'provides will be more clearly defined. e. P ker Vice.. . .hair` King ar ,,V C _ bandy Gorman, Member, _ C: Karen Berg'svik' Terry Higastuyaina i k -APPROVED BY art CouNcii,. TRANSPORTATION/AVIATION COMMITTEE " ' COMMITTEE REPORT tate'02-025-.ZOOb'1 February 25,2008, Airport Leasing Policy - ' (Referred 10/17/2005) ' The Transportation/Aviation Committee is considering proposed changes to the Airport.Leasing • , . . Policies.The lasttithethese policies wereamended was in,2002..Since that tithe;:there have"been• • : '- - . - ' changes in the tenancies andneedsat.the Airport,as well:as the vision for the.Airport..Further,:.the' , , -. f— Council will be considering an Airport-Layout Plan as based.on_the.revised Airport Development: - ' Policies. The Leasing Policies need to be consistent with those documents. . Recommendations for changes include the creation of a Lease Application Form,developing a new. process to analyze,a.prospective lessee's financial capacity,creating-a new appeal process.and - ' reformatting the document to improve readability. The leasing policies-.have undergone two separate. : ; ' legal reviews for.suggestions and the City Attorney's office has approved the docdment.; _. ' After consideration.of these proposed changes,the Transportation/Aviation"Committee recommends. . : that Council approve the Airport,Leasing Poliey,amendments: j { R=ndy Corma a H Don Persson,Vice-Chair - . : Rich Zwicker,Me e_ �`.. i cc:, Ryan Zuiauf,Airport Manager _ Susan Campbell-Hehr/Carolyn Currie,Airport.Secretary - Connie Brundage;,Administrative.Secretary . ' _ I . . . Renton Municipal Airport Airport Leasing Policies y i '& L .§ :t1,,.;,4*,:',. ''.'^.i r--4 t K .R _ . % 'Sa,. 3..i 1, si:; ri' „L Ah _. 31%.4 �� ;;gg t �t 1-sT'..:' s - t1 a -z z` 1 , „..., t , iiti„ ., I r :'g. � : a _ '1 ,<;�.:- mak 3:' l K; as :w ,uk, c 'r S; ..,-> ,: �" i 4. y"5:41' ' �, "-'0.4,4:4,Y0t,y4. „i4,4,, ,.Et s .'04- ,'.T 7..,: YAW? „,*„_,: -,..,t,+,:::::„4, 1 ,:,:;v*,,, ,,:, ,:t-t.,..---wt,... ttA, .-41',t, tie.1::;:-c ,ttl-A..;14.Art.t,• ,:::•tf' •;. ,t''''''-,t77:1-4 k,:.,,,i'' '.-':4*5:"'.7.77.!:117r-'4 4„i,..44.,:-".';',;', ,":V.#41F.0 -;:.74t,ti'Al.'41‘r, ;:'" 4.. -' ."1,,',":,:,,i.`: ::'..""47 t.-4,` X1J!%t ,r. y,' t.., V "4 {�Y;s. s,`#i.-c`: t.g '' i.; 7 .C' ;? g�i: $'J! llitC4 .;::s<1116....:-.4°,,% 111*;,,,-,)1,,;,14:fkikt, .,,,,ra--rrn,. ,A.,,,,,.:,‘,74,-.4 1.•'-'11);;A..;,4,',, •'0.. ., ,,,-,,,11.r:, a: rt-.:•1;: ',' ,.,, ;,. a. i w- .tee s .t.,,,,, :c 4;,t'''!',,„:„., .4,„', '41,,e;,',-40:-,,,, ”t-krz 7, 44 Nikk ,ar +w:ve .... is.7,`.:!‘.1,1„'44:,.:Y‘.s. xt _ ,t r" " � 44 'i"`�"'1�.� - r .;sem . ,�, '% �' rr Ai, 1;atfrp •'..::;;,'.4-..: ''.:',X.7.ip.4.7,1,7',.(.:-', k:lio*•-a'':-;4:." •Ai.‘•,'.;;; It:--,4"2-i,"-'4„2:f•E;':',."4454 it Iht .,<»,.,. ,.... .0 ,:, ,,.p„,:,,,,,,,i .s....� 441 ,. __ p--,:.,:,,::- e-' „, '"Ffi ,:`Y • Renton AirportS Clayton Scott Field Will Rogers Wiley Post Seaplane Base 616 West Perimeter Road,Renton,Washington 98057 Phone:425-430-7471 Fax: 425-430-7472 Adopted February25,2008 Renton Municipal Airport Clayton Scott Field Airport Leasing Policies Action Taken Date of Action 1 Leasing Policies adopted in Appendix H-1 of the Airport December 12, 2002 Business Plan dated December 5, 2002 as-adopted by the Mayor and City Council 2 Adopted new Policy 4.2.2.1. and shortened the term February 20, 2006 "Minimum Standards for Commercial Aeronautical Activities"to "Regulations and Minimum Standards" 3 Added Key Governing Policies to the document, added February 25, 2008 Attachment C Lease/Operating Permit Application Form, added Section 5.3 Appeals and cleaned up formatting of sections. C:\DOCUME-1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 2 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc 1. Key Governing Policies for the Airport The following Key Governing Policies for the Airport were adopted by the Renton City Council on March 26, 2007. 1.1 Airport operations should be sensitive to neighborhood impacts and should strive to � P � p minimize those impacts. 1.2 The Airport should be financially self-sustaining. 1.3 The mix of uses at the Airport should operate within the regulatory framework set by the Federal Aviation Administration. 1.4 The mix of uses at the Airport should contribute to the City's Business Plan goals and objectives. 2. Statement of Purpose This Leasing Policy for Renton Municipal Airport is intended to provide guidance for leasing Airport property and be a guide for City staff on Airport leasing issues. This policy guide has the following purposes: 2.1. Maintain Renton Municipal Airport in a safe:manner; 2.2. Preserve investment in the Airport; 2.3. Assist the City of Renton in maintaining a fee and rental structure that provides for financial self-sufficiency for the Airport; 2.4. Provide high-quality leasing procedures following a"best practices" approach; 2.5. Facilitate orderly development and management of the Airport; 2.6. Ensure equal treatment of all current and future tenants and users to make the Airport available for public use on reasonable terms and those terms required by FAA grants; 2.7. Facilitate and foster good relations with the communities surrounding the Airport; 2.8. Enable conformity with current and future Airport Master and Layout Plans; and 2.9. Ensure compliance with all applicable laws, regulations, policies, guidelines and requirements related to the City's Federal and State obligations. C:\DOCUME--1\BWalton\LOCALS--1\Temp\Renton Airport Leasing Policy-revised vised 02-25-08 Post Page 3 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc 3. General Applicability If there are any inconsistencies between the Renton Municipal Airport Leasing Policy and existing property leases, the existing lease shall prevail. 4. Definitions The following words, terms and phrases, when used in this policy, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: Aeronautical means anything which involves, makes possible, or is required for the flight of aircraft, or the storage or presence of aircraft on the airport, or which contributes to, or is required for the safety of aircraft in flight. Aircraft means a device that is used or intended to be used for flight in the air and subject to regulation by the Federal Aviation Administration. Airport, when capitalized, means the Renton Municipal Airport, and all of the property, buildings, facilities and improvements within the exterior boundaries of the Airport as depicted by the Airport Layout Plan. Airport Manager means the Chief Administrative Officer or his/her designee who has direct supervisory and functional responsibility for the operation and maintenance of the airport. Commercial aeronautical activity means the conduct of any aspect of a business, concession, operation, or agency in order to provide goods and services to any person for compensation, consideration or hire. An activity is considered a commercial activity regardless of whether the business is non-profit, charitable, or tax-exempt. Commercial tenant means a person, fixed base operator, firm, corporation or other entity conducting commercial aeronautical services or activities at the Airport for compensation or hire. Fair market value means an amount in the competitive market that a well-informed and willing lessor, who desires but is not required to lease, would accept and which a well- informedi not required to lease, would payfor the use of the lessee, who desires buts q Premises, after due consideration of all the elements reasonably affecting value. Lessee means any person with a lease to occupy space at the Airport. Regulations and Minimum Standards means the qualifications or criteria, which may be established, and updated as necessary,by the Airport owner as the minimum requirements that shall be met by all businesses offering commercial aeronautical activities for the right to conduct those activities. C:\DOCUME--I\BWalton\LOCALS—I\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 4 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc ' it Operating Permit and Agreement means a permit issued by the City to a sublessee desiring to conduct a commercial aeronautical business, or otherwise construct a building on the airport for the purposes of aircraft storage. Permit means administrative approval by the City of Renton to a person or company to conduct a commercial aeronautical activity, and provide such services, to based and transient aircraft, only from facilities and locations where such services are authorized. Person means any individual, firm,partnership,;corporation (including registered non- profit corporations), company, association,joint-stock association, or governmental entity. It includes a trustee, receiver, assignee, employee, agent, or similar representative of any of them. Sublessee means any person with a sublease to occupy space at the Airport. C:\DOCUME-1\BWalton\LOCALS-I\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 5 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc 5. Soliciting Interest in Airport Property and the Lease Application Process The intent of this section is to illustrate the various options for soliciting interest in available airport property and the Administrative and Legislative processes involved in requesting a Lease or Operating Permit from the City. It shall be at the City's discretion, which of the available options shall apply to the property involved, depending upon what is in the best interest of the use of airport property. 5.1. Soliciting Interest in Airport Property The process which the City uses to solicit interested parties in property and/or building leases may differ depending on the unique circumstances of the leased area. For example, the City may choose to initiate a Request for Proposal (RFP) on a specific land area available for leasing. Under the RFP process, the City would dictate specific development criteria that a development would need to meet in order to receive consideration. A notice regarding the RFP process would be published in the newspaper or business journal and existing airport tenants would receive a courtesy notice. (See Policy 5.12) The City may also choose to offer a specific land or building available for leasing to an existing airport tenant (lessee or sublessee), or a specific interested party. The City may choose this approach when it is deemed to further the development of the airport, consistent with the Airport Master Plan. (See Policies 5.14, 5.15 and 5.16) 5.2. Obtaining the Lease or Operating Permit In order to initiate a commercial aeronautical activity at the Renton Municipal Airport, an applicant must establish a business address on the airport. Land and buildings may be leased from the City, or subleased from an existing tenant. In the case of subleasing from an existing tenant, the sublessee must obtain an Operating Permit from the City. 5.2.1. To obtain a land or building lease or an operating permit(for sublessees) at Renton Municipal Airport, a person shall submit a written application for review by the Airport Manager. As a prerequisite to occupancy or the granting of commercial operating privileges at the Airport, any prospective commercial tenant must also submit a specific, detailed description of the intended commercial aeronautical activities, and the means and methods employed to accomplish the proposed activities. The application shall be on a form provided by the City of Renton. The Renton Municipal Airport's Regulations and Minimum Standards contain the minimum application information and should be referenced prior to initiation of an application. 5.2.2. After receiving an application, the Airport Manager will determine whether the application as submitted contains the necessary information to continue the C:\DOCUME--1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 6 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc Cy Attachment C '. If the application is deemed complete, application process (see pp p , and the criteria and requirements set out in these Airport Leasing Policies are met, the Airport Manager will draft a lease, or operating permit. The City Attorney will then review the draft lease or operating permit,before submission to the City Council for approval. 5.2.2.1. Analysis of Lessee's Financial Capacity The applicant must, at the applicant's expense, obtain a score, as described below, from a consultant acceptable to the City. The consultant will evaluate whether the applicant has'the financial capacity to meet the long- term obligations of a lease of Airport property. The following financial statements shall be provided directly from the applicant to the consultant: 5.2.2.1.a. Balance sheet and income statement for the current year and two years prior; 5.2.2.1.b. Projected income statement and business plan if activities at the Renton Municipal Airport are a new business enterprise for the Lessee; 5.2.2.1.c. Schedule of current debt payments (principal and interest) and lease obligations (and, if a new enterprise, a schedule of obligations incurred or to be incurred for the new enterprise); 5.2.2.1.d. A Dunn & Bradstreet credit report on the applicant; 5.2.2.1.e. Any additional information as may be needed to compute the score as set out in Attachment B 5.2.2.2. Approval of a completed application shall be determined by,but not limited to, the following criteria to assess the financial capacity of the applicant lessee: 5.2.2.2.a. Number of years in airport-related activities; 5.2.2.2.b. Airport-related management experience of principal owner/manager; 5.2.2.2.c. Dunn &Bradstreet Credit report/pay history; 5.2.2.2.d. Financial viability of operations; 5.2.2.2.e. Ability to support lease payments from earnings net of cost of operations, taxes, depreciation%amortization, other debt/lease obligations; 5.2.2.2.f. Current ratio (current assets divided by current liabilities) of at least 1:1; C:\DOCUME-1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 7 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc 5.2.2.2.g. Debt Service Coverage ratio of at least 1.25; 5.2.2.2.h. Net Worth. 5.2.2.2.i. A credit score of 650 or better. 5.2.2.2.j. The criteria above may be modified as needed to improve the evaluation of prospective lessees. 5.2.2.3. The above criteria will be evaluated by the Consultant using the rating scale stated in Attachment B, which may be modified as needed to improve the evaluation of prospective lessees. An applicant receiving a score of 25-32 shall be eligible for a lease over 5 years. An applicant receiving a score of 17—24 may be considered for a short-term lease. An applicant receiving a score of 16 and under, or a score of"0" for criteria A or B shall not be considered for a lease. 5.2.3. After authorization by the Administration, the Airport Manager will initiate the legislative approval process by drafting an Agenda Bill and scheduling the matter to be heard at the next available City Council meeting. The City Council may choose to send the lease or operating permit to the Transportation Committee for further consideration. The Transportation Committee will recommend approval or denial of the lease or operating permit to the City Council. The City Council will then determine whether the lease or operating permit should be approved or denied, see Attachment A—Lease/Operating Permit Application Process Flowchart. 5.3. Appeals An applicant who receives a score of 24 or less, as described in paragraphs 5.2.2.1, 5.2.2.2, and 5.2.2.3, above, may appeal the assigned score to the City Council. 5.3.1. Requirements for Notice of Commencing Appeal 5.3.1.1. Notice of Appeal: Within 14 calendar days of receiving notice from the Airport Manager of the score described in 5.2.2.1, 5.2.2.2, and 5.2.2.3, above, the applicant must file with the City Clerk, a written Notice of Appeal, which shall fully, clearly, and thoroughly specify the grounds for appeal, guided by the requirements in paragraph 5.3.3,below. 5.3.1.1.a. This document shall be called a Notice of Appeal signed by the Applicant/Appellant 5.3.1.1.b. For purposes of this subsection, the notice from the Airport Manager must be in writing and will be deemed received on the date of personal delivery OR three(3) days from the date said notice is posted in the United States Mail if delivery is by mail C:\DOCUME-1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 8 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc 5.3.1.1.c. The Notice of Appeal may not contain any factual information that was not submitted to the Consultant. Any new factual information will be removed from the Notice of Appeal and will not be considered by the City Council. The appeal!will be referred to the Transportation Committee of the City Council for its consideration and recommendation to the full City Council. 5.3.1.2. Appeal Fee: The Notice of Appeal,shall be accompanied by a fee in the amount provided for appeals of land use decisions, as described in RMC 4- 1-170A, as that provision is currently worded and as hereafter amended. 5.3.1.3. Facsimile Filing: The required Notice of Appeal may be filed by facsimile. However, such facsimile filing is subject to the following limitations and requirements: 5.3.1.3.a. Any facsimile filing received'at the City Clerk's office after five o'clock(5:00) p.m., on any business day will be deemed to have been received on the following business day. 5.3.1.3.b. Any facsimile filing receivedlafter five o'clock(5:00)p.m., on the last date for filing will be considered an untimely filing 5.3.1.3.c. Any party desiring to make a facsimile filing after four o'clock(4:00) p.m., on the last day for the filing must call the City Clerk's office and indicate that the filing is being made by facsimile and the number to which the facsimile copy is being sent. The filing party bears the burden to ensure that the facsimile filing is transmitted in adequate time so that it will be completely received by the City before five o'clock(5:00)p.m. i 5.3.1.3.d. In all instances in which filing fees are to accompany the filing of an appeal, those filing fees must be received by the City before the end of the business day on the last day of the filing period or the filing will be considered incomplete and will be rejected. 5.3.2. Referral to Committee The appeal will be referred to the Transportation Committee of the City Council for its consideration and recommendation to the full City Council 5.3.3. Record on Appeal 5.3.3.1. The Record on Appeal shall consist of the materials submitted to the Consultant, the City's Airport Leasing Policies, the Renton Municipal Airport Development Study, and the Notice of Appeal. C:\DOCUME-1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 9 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc 5.3.3.2. No public hearing will be held by the City Council. 5.3.3.3. No new or additional evidence or testimony will be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the submissions to the Consultant. If the Council determines that additional evidence is required, the Council shall remand the matter to the Administration with directions to submit the new information to the Consultant for a new analysis. 5.3.3.4. The Applicant/Appellant, as well as a representative of the City, may submit written arguments based on the record. However, no new evidence will be permitted in these submissions, except as provided in paragraph 5.3.3.3, above. New evidence submitted that is not in compliance with paragraph 5.3.3.3, above, shall be removed from these submissions. These submissions shall become part of the record on appeal. 5.3.4. Standard of Review It shall be the Applicant/Appellant's burden to show by clear and convincing evidence that 5.3.4.1. The Consultant committed a substantial error in his/her analysis, OR 5.3.4.2. The information provided to the Consultant shows there is good cause to refrain from applying one(not more than one) of the criteria in paragraph 5.2.2.2, above, AND the non-application of said criterion will result in (a) a score of 17 or higher, if the appeal is taken from a score of 16 or lower, or (b) 25 or higher, if the appeal is taken from a score of 24 or lower. 5.3.4.3. For purposes of this subsection, "good cause" shall mean the application of the criterion would result in an unreasonable prejudice to this particular applicant because of this applicant's unique situation that was not created through any act of the applicant. In no event will "good cause"be found where the waiver of the criterion would, on balance, be prejudicial to the interests of the City of Renton or the Renton Municipal Airport, where the waiver of the criterion would not further the Renton Municipal Airport Development Plan, or where the waiver of the criterion would cause a conflict with other Airport Leasing Policies. 5.3.5. Findings and Conclusions Required If,upon appeal of the score assigned, pursuant to paragraphs 5.2.2.1, 5.2.2.2, and 5.2.2.3, above, and after examination of the record and submissions by the parties, the Council determines that there is clear and convincing evidence that the Consultant committed a substantial error, or that good cause exists to refrain C:\DOCUME-1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 10 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc from applying one(not more than one) of the criteria in paragraph 5.2.2.2, above, it shall adopt written Findings and Conclusions supported by the record. 5.3.6. Council Action 5.3.6.1. Upon a finding by clear and convincing evidence that the Consultant committed a substantial error OR that the information provided to the Consultant showed a good cause to refrain from applying a criterion in paragraph 5.2.2.2, the Council may approve the lease as follows: 5.3.6.1.a. An appeal from a score of 16,or less may be considered for a short term lease of less than 5 years. I 5.3.6.1.b. An appeal from a score of less than 24,but greater than 16, may be considered for a lease term of 5 years or more. 5.3.6.1.c. The action of the City Council shall be final. 6. General Leasing Policies 6.1. Applicability/Scope 6.1.1. The Effective Date of each section of the Leasing Policies is the date of the adoption of the Resolution approving the Airport Leasing Policies 6.1.2. The Leasing Policies apply to all leases,ioperating permits and agreements, extensions, amendments, or assignments of leases, or subleases of such land or facilities requested or approved after the effective date of the Leasing Policy. 6.2. Use of Premises Policy 6.2.1. The space leased to any lessee may be limited to space demonstrably needed for the lessee's immediate use. Where facilities must be built or developed, a reasonable amount of lead-time for such!development shall be negotiated. 6.2.2. In leases, the Use of Premises shall be closely defined to allow intended uses and to prohibit unintended or impermissible uses. 6.2.3. Changes in use shall not be permitted without the written agreement of the City Council. Where a facility was leased based on representations that the tenant would provide specific services identified by the City as serving aeronautical demand by the public, changes in use shall be disfavored. Permission for other changes in aeronautical uses shall not be'unreasonably withheld. 6.3. Lease Term Policy for Land C:\DOCUME—I\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy- evised 02-25-08 Post Page 11 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc 6.3.1. The base lease term for land leases shall be no longer than 25 years. Longer lease terms may be negotiated at the time of initiating the lease based on a proven need for additional years to amortize the investment made on airport property. 6.3.2. All leases shall contain a clause allowing the City to conduct a yearly maintenance inspection of the property to ensure the facilities are being properly maintained. If an inspection of the property reveals deficiencies in maintenance of the facilities, the tenant will be issued a correction notice and a date on which a re-inspection of the premises will occur. If the next inspection of the property reveals that the leaseholder has not corrected the deficiencies, the lease will be terminated. 6.3.3. All new leases will contain a provision requiring the leaseholder conducting a commercial aeronautical activity, to provide restroom facilities to the flying public. 6.3.4. Tenants may apply to the City to negotiate a new lease five years prior to the expiration of the current lease. When the City Council considers the granting of a new lease, the performance of the existing tenant, conformity to existing Airport Regulations and Minimum Standards, and provisions of the tenants' lease requirements will carry significant weight. 6.3.5. Tenants with less than five years left on their current lease may apply to the City to negotiate a new lease pursuant to the provisions of paragraph 6.3.4. However, starting on May 1, 2008, if a leaseholder fails to commence renegotiation of a new lease with the City, the lease shall be terminated at the lease termination date. 6.4. Lease Term Policy for Buildings 6.4.1. Hangar space leased to aviation businesses for the provision of aircraft maintenance, fueling or other aviation business activities will be leased for a period of up to five years with no guaranteed renewal. 6.4.2. If major improvements or maintenance are needed to the City owned facility, the City Council may choose to offer an increased lease period, consistent with scheduled private investments in the facility. 6.4.3. After a lessee's building lease term has expired, the City Administration may suggest to the City Council that the premises should be offered up in an open public competitive process. The previous tenant may again compete with other potential tenants for the premises. 6.4.4. If the City Council chooses to retain the existing tenant, the parties will enter into a negotiation for a new lease. C:\DOCUME-1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 12 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc 6.4.5. Any new lease granted under the paragraph above will be considered, only if the lessee has met its obligations under the terms of the preceding lease. When the City Council considers the granting of a new lease, performance of existing tenant, conformity to existing Airport Regulations and Minimum Standards, and provisions of the tenants' lease requirements will carry significant weight. 6.5. Rates & Charges Policy 6.5.1. The City will not engage in unjust economic discrimination among tenants, nor will it impose discriminatory terms. The base ground and/or building lease rate for each leasehold will be determined based on fair market value. Building base lease rates will be determined through a current appraisal of the facility by a firm chosen by the City. 6.5.2. As new ground and building leases are entered into, or leases are amended, the City Council reserves the right to update lease rates to current values. 6.5.3. The City may set different rates for different tenants based on rational factors that shall include but not be limited to: the value of property to be leased,the amount and kind of the tenant's investment, the value of the business opportunity(for those providing services to the public), the amount of use projected of common facilities, the type of use being made, and the degree of competition for the facility to be leased. 6.5.4. Rates may be adjusted during the life of a lease. Adjustments shall be of two types; annual adjustment linked to the CPI for the Seattle-Tacoma-Bremerton urban area, and five year adjustments based on re-evaluation of property or some other measure as negotiated. 6.5.5. Land and building rates shall be set to maintain the Airport as a self-sustaining enterprise fund within the City. Ground and building rates shall be kept competitive with the rates at other airports in the region. 6.5.6. There shall be no granting of the exclusive right to provide or engage in any aeronautical activity at the Airport; and rio lease, sublease, operating permit or other agreement that is or shall be in effect at the Airport shall be construed as creating such a right. 6.6. Subleasing and Assignments Policy 6.6.1. There shall be no assignments or transfers of leasehold interest, buildings or facilities on the Airport without the written consent of the City Council. Such approval shall not be unreasonably withheld. 6.6.2. There shall be no subleases providing space to aeronautical service providers without an Operating Permit approved by the City Council. All sublessees C:\DOCUME-1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 13 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc seeking to initiate a commercial activity on the Airport must apply for and obtain an Operating Permit with the City. 6.6.3. Lessees providing hangar space for private and corporate aircraft storage may do so without the written consent of the City. 6.6.4. Tenants leasing City-owned and operated hangar or tiedown space may not sublease their premises, except for short periods of time. Subleasing may only occur with the written consent of the Airport Manager, under extenuating circumstances as defined by the City, or as expressly permitted in the lease. 6.7. Reversion Policy 6.7.1. At the end of the Base Term of the lease, the lessee shall quit and surrender the premises in as good a condition as reasonable use would permit, normal wear and tear excepted. However, the City Council shall have the option of requiring the tenant to remove its improvements and return the property to its pre-leased condition. 6.7.2. Tenants may apply to the City for an extension of the date of reversion of existing facilities to City ownership as established in the existing lease. There is no commitment by the City to grant a new lease, or extend the date of reversion. The City will examine the request and supporting documentation and make a decision based on the consideration given to the city for the extension as well as what is best for the City and its citizens and the Airport as a whole, at the City Council's sole discretion. 6.7.3. For an application to be considered, the tenant must demonstrate that he/she has made and/or commits to making substantial investments in the leased area and has maintained the property in good condition under terms of the current lease. The applicant must show that the length of the requested new lease is needed to amortize substantial investments (maintenance costs shall not be considered as investments). 6.8. Standards and Guidance Policy Lessees and sublessees on the Airport shall be required to comply with all applicable Airport Regulations and Minimum Standards, located at the Airport Office and City Clerk's Office. Such Regulations and Minimum Standards may be updated and revised from time to time as appropriate. ro riate. 6.9. Termination for Default or Pursuant to Airport Plans 6.9.1. In the event of default by the lessee, the City may, if it so elects, at any time thereafter, terminate the lease and terms thereof,by giving the lessee, in writing, a 30-day notice of its intention to do so if the default is not corrected to the satisfaction of the City. C:\DOCUME-1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 14 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc • 6.9.2. If the City Council makes a determination, in accordance with the Airport Master Plan and the FAA-approved Airport Layout Plan, that the leased premises are needed for Airport development: 6.9.2.1. And where the Lessee has not constructed any permanent facilities on the premises, the City may offer the Lessee an alternative site if such a site is available on Airport property. If no alternative site is available OR the Lessee chooses not to relocate on the Airport, the lease may be terminated by either party upon 30 days' written notice. 6.9.2.2. And where the Lessee has constructed a permanent facility on the premises, the City may buy-out the remaining base term of the lease upon 30-days written notice of the City's intent to do so. The base term buy-out will be determined by amortizing the construction cost of the improvements on the premises in a straight-line depreciation of the premises over the base term, adjusted for inflation based on the region's consumer or construction price index. 6.10. Conformity with Laws, Ordinances, Rules and Regulations Policy The lessee shall comply with all applicable local, state and federal laws, ordinances, rules and regulations, including all rules and regulations of the Federal Aviation Administration and the State and National Environmental Policy Acts. In addition, the lessee shall abide by and be subject to all City rules and regulations now in effect or enacted from time to time concerning the management, operation or use of the Airport. 6.11. Insurance Requirements Policy 6.11.1. All leases, operating permits and subleases will contain an insurance clause. 6.11.2. All leases, operating permits, and subleases will be subject to periodic adjustments of insurance requirements as imposed by the City of Renton. 6.11.3. Each lessee shall meet all State of Washington and the City of Renton insurance requirements and therefore maintain the types and amounts of insurance as specified in the lease or agreement. 6.12. Policy on Competitive Request for Proposal (RFP) Process The City maintains the right,but not the duty,' to seek competitive proposals for all leasehold space at Renton Municipal Airport.'The proposal process will include public notices and information, and proposal documents will be available to the public at the Airport Office. All Requests for Proposals will be consistent with applicable City policies and be reviewed and pevaluated by the City. A fair and objective evaluation process will be used to select the proposals that best meet the City's interests based on the criteria listed in the proposal documents. The criteria C:\DOCUME—I\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 15 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc hI may include, but not be limited to, the priority of uses listed below. The City Council will grant priority to competing offers for the use of space and/or facilities as follows: 6.12.1. Non-aeronautical uses of aeronautical property are permitted only on an interim basis, with FAA approval, and with necessary zoning in place. Airport land is limited, and due to the nature of the Airport Deed and the classifications of land in the Airport Layout Plan, non-aeronautical uses are likely to be rare. 6.12.2. New through-the-fence use(use that requires access to the Airport over the North and South Boeing bridges) is not allowed unless specifically approved by the City Council. 6.12.3. When space becomes available at the Airport, the City Council may issue a targeted request for proposal (RFP) for specific services or facilities that are consistent with the most current demand forecast, Airport Business Plan, and Airport Layout Plan. Responses inconsistent with the scope of the RFP will be deemed non-responsive. 6.12.4. The City will review and score the proposals and refer the matter to the City Council for approval. 6.13. Policy on New Leases The Airport is a mature facility, and the property is largely built out, and it may happen that demand for aeronautical leasehold facilities exceeds availability. Oversubscribed facilities will be managed using a process that is fair, transparent and uniformly applied. 6.13.1. Noncommercial facilities If there is more demand for more T-hangars and/or tiedowns than can be met, the City will: 6.13.1.1. For the facilities it owns and operates, maintain a waiting list in order of application, and offer facilities to those on the waiting list as they become available; and 6.13.1.2. For facilities owned or operated by others, encourage those owning or operating said facilities to maintain a waiting list in order of application, and offer facilities to those on the waiting list as they become available. 6.13.2. Commercial facilities: the City will, where feasible, identify the aviation demand for services at the Airport and issue focused RFP's for the services needed. 6.14. No Exclusion of Qualified Existing Lessees Policy C:\DOCUME-4\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 16 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc I I Current lessees shall not be excluded from submitting competitive proposals to the City. 6.15. Proposal Evaluations Policy Each Request for Proposal will contain specific information regarding the Airport property currently being considered. All proposals will include requirements for detailed information from the respondents regarding the ability of the lessee to use the property as proposed. For commercial service providers, the required information will include but not be limited to: 6.15.1. Proposed capital investment; 6.15.2. Qualifications; 6.15.3. Experience in services being offered; 6.15.4. Experience of management personnel; 6.15.5. Proposed services and products; and 6.15.6. Financial ability. 6.16. City Discretion Policy 6.16.1. The City has the discretion to accept the most financially advantageous offer for a given leasehold. 6.16.2. The City has the discretion to accept a less financially advantageous offer if the City finds that the proposal furthers the interests of the aeronautical users of the Airport. 6.16.3. The City has the discretion to require a City ownership interest, in whole or in part, in certain existing or new facilities. The City's discretion extends to the choice of such facilities as well as to the Manner in which such ownership is achieved (e.g. City construction or City acquisition). 6.17. Indemnification Policy All leases, operating permits and subleases will contain an Indemnification and Hold Harmless Agreement in a form acceptable to the City Attorney. 6.18. Hazardous Materials I All leases, operating permits and subleases will contain a provision, in a form acceptable to the City Attorney, regarding contribution by lessee/sublessee towards environmental cleanup of hazardous materialslreleased by lessee or sublessee. C:\DOCUME- 1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 17 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc I Attachment A Lease/Operating Permit Application Process Flow Chart Airport Manager drafts Airport Administration Lease or Manager advises Operating determines if Council of Permit if Application Application is Complete Application was Administration Referred to Council Council Submitted complete Application complete Legal Review Authorization Committee Decision fi 'ff -ff liT IT 13- At least 3 weeks At least 1 week At least 4 weeks At least 2 weeks At least 2 weeks - '.. Z , or applications deemed lete or infeasible C:\DOCUME-1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 18 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc C:\DOCUME-1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy- revised 02-25-08 Post Page 19 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc Attachment B Criteria Rating Scale Score Years in airport-related business No experience 0 Less than 1-2.9 years 1 3-6.9years 2 7— 12 years 3 more than 12 years 4 Airport-related management experience of No experience 0 principal owner/manager Less than 3 years 1 3-6.9years 2 7— 12 years 3 more than 12 years 4 Dunn&Bradstreet Pay history/credit report No credit history 0 Pay History—high risk 1 Pay History—medium risk 2 Pay History—low risk 3 Pay History—low risk and clear credit report(no bankruptcies,judgments,liens,etc.) 4 Viability of operations Cannot demonstrate profitability 0 Losses(net)in all 3 years 1 Profitable(net)in 1 of last 3 years 2 Profitable(net)in 2 of last 3 years 3 Profitable(net)in past 3 years 4 Earnings net of cost of operations,taxes, Net Earnings less than annual lease payment 1 depreciation/amortization,other debt/lease Net Earnings equal to or less than 1.25x annual lease payment 2 obligations (if new enterprise,use projected Net Earnings 1.25-2.0 times over annual lease payment 3 income and obligations) Net Earnings more than 2.0 times over annual lease payment 4 Current ratio Current ratio is less than 1.0x 1 Current ratio is 1.0x— 1.5x 2 Current ratio is 1.6x—2.0x 3 Current ratio is above 2.0x 4 Debt Service Coverage(DSC) DSC is less than 1.0x 1 DSC is 1.0x— 1.5x 2 DSC is 1.6x—2.0x 3 DSC is above 2.0x 4 Net worth Negative net worth 0 Net worth is positive,but less than annual lease payment 1 Net worth is equal to annual lease payment but less than 2x annual lease payment 2 Net worth is 2x—5x annual lease payment 3 Net worth is more than 5x annual lease payment 4 C:\DOCUME-1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 20 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc Attachment C .(SY 0 Renton Airport * + Clayton Scott Field 616 W.Perimeter Road—Unit A;Renton, WA 98057 NTO) Phone 425-430-7471/Fax 425-430-7472 AIRPORT LEASE/OPERATING PERMIT APPLICATION FORM Please read the Airport Leasing Policies and the Airport Regulations and Minimum Standards prior to filling in this application. Applicant Name: Contact Person: � Phone: Email: Mailing Address: Lease Area Location,if known: Type of Lease(circle all that apply): Ground Building Operating Permit(for,subleasing) If Operating Permit Application,name of Business from whom Subleasing: Provide a detailed description(Purpose of Use) of the intended commercial aeronautical activities: Describe the means and methods to accomplish the intended activities: (Attach additional sheets as'�necessa rJ'� i Credit Score: Applicant Signature (if sublease, signature of lessee) Date Airport Manager Signature Date C:\DOCUME-1\BWalton\LOCALS-1\Temp\Renton Airport Leasing Policy-revised 02-25-08 Post Page 21 of 21 Peiffle FINAL-RZ Edits+CMC edits 2-22-08.doc dee,e7frEzel 02-2-A661 CITY OF RENTON, WASHINGTON RESOLUTION NO. 9,g/ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, TERMINATING THE DECLARATION OF A LOCAL EMERGENCY. WHEREAS, Resolution 3921, passed by the City Council and approved by the Mayor on December 3, 2007, declared a local emergency due to flooding and major damage to property in the City of Renton, and WHEREAS, the conditions of peril to the safety of persons and property within the City caused by the storm and heavy rains have now passed and/or have been mitigated, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. It is hereby proclaimed that the Declaration of a Local Emergency authorized by Resolution 3921 is hereby terminated. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor RESOLUTION NO. I Approved as to form: Lawrence J. Warren, City Attorney RES. 1320:1/31/08:scr 2 CITY OF RENTON, WASHINGTON RESOLUTION NO. 9.3, A RESOLUTION OF THE CITY OF, RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY iCLERK TO ENTER INTO AN. INTERLOCAL AGREEMENT WITH KING COUNTY TO AUTHORIZE KING COUNTY TO ASSIST THE CITY OF RENTON IN PROCESSING PROJECTS, PERMITS AND APPLICATIONS FOR PROPERTY IN THE BENSON HILL ANNEXATION AREA, WHICH ARE VESTED UNDER KING COUNTY'S RULES AND REGULATIONS PRIOR TO THE ANNEXATION. WHEREAS, the City of Renton will annex the Benson Hill Annexation Area effective March 1, 2008; and WHEREAS, there are a number of projects permits and applications pending for property in the Benson Hill Annexation Area, which have been vested under King County's rules and regulations; and WHEREAS, King County is willing to assist the City in continuing processing of those projects,permits and applications; and WHEREAS, it is necessary to document the terms and conditions under which King County will so assist the City of Renton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: I SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement with King County to authorize King County to assist the City of Renton in processing projects, permits and applications for property in the Benson Hill Annexation Area, which are vested under King County's rules and regulations prior to the annexation. RESOLUTION NO. SECTION III. Ratification. It is intended that the interlocal agreement will also contain a clause ratifying any actions taken by King County in furtherance of the interlocal agreement after March 1, 2008, until the effective date of the interlocal agreement. PASSED BY THE CITY COUNCIL this I day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.13 23:02/07/08:scr 2 det*zi CITY OF RENTON, WASHINGTON RESOLUTION NO. .2933 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND RENTON SCHOOL DISTRICT #403, RELATING TO FINANCIAL SUPPORT FOR THE RENTON POOL. WHEREAS, the City of Renton and Renton School District #403 have the authority under Chapter 39.34 RCW, the Interlocal Cooperation Act, to enter into this Agreement; and WHEREAS, the City desires to facilitate the near term transition of the City's annexation areas as they move from unincorporated status to being'annexed to the City; and WHEREAS, the Benson Hill Communities area voted at an election on November 6, 2007, to annex to the City and the City has taken action necessary to ensure annexation of the area is effective March 1, 2008; and WHEREAS, King County is divesting itself of ownership, management, and financial responsibility for local parks and recreation facilities located inside cities, including the Renton Pool property that will be located within city limits upon annexation; and WHEREAS, the County and School District have reached an agreement for the lease termination for the Renton Pool property located on the;premises of the District's Lindbergh High School; and WHEREAS, KingCounty providedCity certain funds to the of Renton in order to partially offset the City's cost of transitioning and providing services to potential annexation areas, including the Renton Pool; and 1 RESOLUTION NO. WHEREAS, the District and the City have agreed as to the value of preserving the operation of the Pool as a community asset that supports educational, athletic and recreational opportunities, and water safety awareness for residents of all ages; and WHEREAS, the City intends to provide some share of financial support for the Pool for two years in consideration of the District's agreement to own and operate the Pool at its expense, so that residents are assured access to recreational swimming and aquatics opportunities, until the bond covenants for the Pool's original investment are satisfied in the year 2010; and WHEREAS, The District and the City intend to jointly review the operating costs and revenues of the Pool each year to determine the level of financial support desired by the City, not to exceed $175,000 in each year 2008 and 2009, and to analyze opportunities for the Pool to be self-sustaining; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to enter into an interlocal agreement between the City of Renton and Renton School District #403 to provide financial support to the School District to assist it in owning and operating the Renton Pool as a community asset. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk 2 I� r RESOLUTION NO. • APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1321:02/04/08:scr 3 • CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 18, PENAL CODE, OF TITLE VI (POLICE REGULATIONS), OF ORDINANCE NO.1 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY REPEALING SECTIONS 10, CRIMINAL TRESPASS, AND 12, MENACING. WHEREAS, Judge Terry Jurado of Renton Municipal Court, found that RMC § 6-18-10 A, Criminal Trespass, is unconstitutional; and WHEREAS, Judge Michael J. Fox of King County Superior Court, found that RMC 6- 18-12, Menacing, is unconstitutional; and WHEREAS, as the City has adopted by reference the state laws for Criminal Trespass and Harassment (which has the same elements as Menacing),; • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Sections 6-18-10, Criminal Trespass, and 6-18-12, Menacing, of Chapter 18, Penal Code, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby repealed. SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. • Bonnie I. Walton, City Clerk 1 I ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2008. 410 Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1427:1/31/08:scr • • 2 4 • CITY OF RENTON, WASHINGTON ORDINANCE NO. I AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING, FOR THE PURPOSES OF PROCESSING VESTED PERMITS IN THE CITY OF RENTON'S BENSON HILL ANNEXATION AREA, AND TO THE EXTENT THAT THEY APPLY, THE KING COUNTY CODES,REGULATIONS AND FEES. WHEREAS, the City of Renton will annex the Benson Hill Annexation Area on March 1, 2008; and WHEREAS, there are a number of vested projects, permits and applications pending for property in the annexation area which need to continue to be processed in accordance with the applicable King County codes, regulations and fees; and WHEREAS, the City and King County are processing an interlocal agreement for King • Countyto assist the Cityof Renton in such continued processing; and WHEREAS, in order to accommodate the processing of those projects, permits and applications under King County's codes, regulations and fees, it is appropriate that the City adopt, by reference, the applicable King County codes regulations and fees for those projects, permits and applications; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Adoption of County Codes Regulations and Fees by Reference. The City of Renton hereby adopts, for use in connection with those pending projects, permits and applications vested under King County rules and regulations, in advance of the annexation of Benson Hill Annexation Area to the City, those King County codes, regulations and fees • 1 ORDINANCE NO. applying to such vested projects, permits and applications for property located within the Benson • Hill Annexation Area of the City of Renton. SECTION II. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation, including, but not limited to, authorizing City or County staff to act on the City's behalf in furtherance hereof. SECTION III. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validityvalidity of the remainder of this ordinance, or the of its application to other persons or.circumstances. SECTION IV. Ratification. This action also ratifies any actions taken in furtherance • hereof by the County after March 1, 2008, until an interlocal agreement is consummated between the City and King County governing the respective party's rights and obligations to continue processing vested projects, permits and applications within the Benson Hill Annexation Area. It is intended that the interlocal agreement will contain a similar ratification clause. SECTION V. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk • 2 ORDINANCE NO. • APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1443:2/14/0 8:scr • 11111 3 leyetAal h • Is City Of Renton 2/20/08 g-2 t-.100 8 Planning &Development Committee Attn;Honorable King Parker 1055 South Grady Way RECEIVED Renton, WA. 98057 FEB 2 5 2008 Re; Tax Lot#2473360270 Renton City Co unc� Chairperson Parker The recent annexation of my property into the City of Renton affords the community with an opportunity to set aside the last remaining large parcel of land in the Cascade Vista and lower Fairwood neighborhoods. This 33 acre parcel of ground is bordered by Fairwo_od Weston.the.East, Lindberg High School on the West, Petrovitsky Road to the South and Lower Fairwood to the North. The property has all wet and dry utilities stubbed to the site plus a major sewer line directly thru the middle of the Property The site also contains some of the areas pristine natural features,such as the joiningof the upper Molasses creek and the Little Soos Creek to form"Molasses creek "that eventually feeds into the lower Cedar River basin. My self and my partners have owned the property for eighteen years and the time has come to develop the.property, although we lost a great amount of our housing density by annexing to Renton,we are pleased to be part of the Renton community. I would like to propose that the city purchase our 33 acres through an outright cash sale, a trade of suitable excess city land in the east highlands area and/or land in the east plateau area. The benefit of the 33 acres to the local community would be immense and could serve as future soccer/baseball-fields, open dog runs, and sub regional water quality area and for passive natural preservation. Please strongly consider this offer, should you have any questions or require any additional information please contact me at 425-444-0461. Th You even A. Beck Manager Nikolick/Beck Inc. M.K. Partnership c/c John Mills Steven J.Nikolich File 33 acres t>H �.> 7t4,a� }.':� -t.: �t � EY F� .- � tai A •F R,i``�<..,+1 :t -;`,"::-.47k.4›::'' �,#,+ sg.� 7- .(., #7 - 1$... 11 V S-i' .It• j .:. '":,.4'*N iR r��, :f , , "�.A«„".,C. .� w,�,:- _ t . - w' " r #- y s,: ., ,, -0h'`,:e. fp ..,,,„.1,,g.8„,-. a `- ',:41 Ti sr_P a ., k ..,..$�; fli x S, ;o ,,,,�'.y ,q7 `s ,'* i` k t .'t `!•r ,, { ,4_t fl - ' '.-e. ,'+i[ r f'„., Cy A`'t e.,„14.,..,,:4 l , '-i T. 'J' >4tpt Q'� e. i ita• „Y ;'1 3•� .^' J'a t ,..„Sw : ,,;Xs', 4 E .-, ',.,@ ; r.. ,.+I .� ,wa.t..,. t• 'F f�,�` t `�fi'`� t '' '� ->- 6'. 4.'24:). 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F SE 171ST Pt PL SE 172ND ST SE 171ST Pt SS AIS R s k & R &_ - - �, AC S _ .. oos .. .... ,Creek - — - -. d T iI _ sFAR.. ,. „ • pt,T ..1'' gg 'RSB 8 s.in.,i,o. . ,t! .:li (C)2005 King County � R=lB o t61at< . The information included on this map has been compiled by King_County" staff from a variety of sources and is subject to change without notice.King County makes no representations or warranties,express or implied,'as to accuracy,completeness,timeliness,or rights to the use of such information:This document is not intended for use as a survey product:King County shall not be liable for any general,special,indirect,incidental,or consequential damages including,but not limited to,lost revenues or lost profits resulting from the use or misuse of the a information contained on this map.Any sale of this map or information on this map is prohibited except by written permission of King County. King County Date::.1'/29/2002 Source:Feng-County iMAP-Property Information(http:Nwww.metrokc.govlGlSlMAP). BECK PROPERTY 33 acres .u,j.�,..._ '` _ SE 1: ' ,,. b•• r F zr '" i ".v�! E;�1 � ttl: ti eir y'. 4 w <�•"' -„gra.. •_a v,a -w.,•aia•.�.. '}l.lnvx .,y: , _ '. •,-, :>,='.., ! � .�-`.,,e �, `•+i--{ �j <,:. y yr � w x z .. rt,,`tE s•P s ,.n ..i' v' ♦ ...c, s. ` .in e 7'1 ,,y 'a. as 4' • n ��.,, -..7"11101'.' ,i ' , r 1,;,e scilq yr,L„, if G *� �risxt�T • rr '�.err` l r,a�Jr �c r , y l':;,';'.':1,..,: P _ xt 1 Rei.'+T�':” • ,k, ' t, v z '�► d r ! ar 4, Ks . ,4.-„_ 1i te , `T',?at� "` r •• , '-,'• :t '�,, :� k , �r S:133Tri ST -� 1*'14t ..,,,,,,:',.„z-':4--,: ''1 +"r 4£ -Sr STS l' . . '''`i‘' .:',i•-1.444,-.4... ` irirF ",,,,,q14-<, i a v6 ' 40W .y I. .a '4144."'1'.';'" t .as ls " -a.. ,q'.^.' T. '';q:•1—'4"4.--'1"..:0•47,-;..„?*# "t x .W4 4iF ryJ �! -:-.'Na +tJ y xd Yk k r " Sw.*'.. 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The information included on this map has been compiled by King County staff from a variety of sources and is subject to. change without notice.King County makes no representations or warranties,express or implied,as to accuracy,completeness,timeliness,or rights to the use of such information.'This ocument is not intended•for use as a survey product.King County shall not be liable for any general,special,indirect,incidental,or consequential damages including;but not limited to,lost revenues or lost profits resulting from the use or misuse of the lal • information contained on this map.Any sale of this map or information on this map is prohibited except by written permission of King County. 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'�. mt.:, 11��E�_ ':.t''w. 1 ��■ ■ 1111 111 r Illrii♦ :;►pr _n q; ��'lIps♦V►.r rr" .r si. l-,a r■,,1,.....„1-...- 11.11„ ► \�. l fpr: a►wi •t =go_`Fra a: U m• IIIIIe ipt07 ■tis .d:�:••Inn ► -. ��` I/►\ � ar_�f(:•' if iaa GiJiY'ili� ��i•^, 1►O D ��� �� -P♦:♦►ice♦�.:- ::\�t/ \\� lir SERVENN min" :.: a .•.♦ ! a•a.\��• r Om ��waft; �•/�.C ttttt�.J■■ :WA■►♦a►. ori sin lir EMI IN iA annul �� __ r i.'O�� �I���■■ -ILa%• r\Ur-Ii�1.-_1� 1N �i_ .=1imill►ia►.l� � ■ilii■ r .., ai tai♦ `w�. S S5th St , ♦11i�■ din 71� - a2 G 10 P i tiiii--Liam" a- •lL1f1 •&i!!kIi e�= i� .1■a ll■W ii King County: Assessor Property Characteristics Report Page 1 of 2 N 1:41 King Count Home ; News Services Comments .Search By law this information may not be used for commercial purposes. Assessor Real Property Records: Taxpayer NIKOLICK-BECK INC Parcel Number 2473360270 Account Number 247336027005 Tax Year 2007 Levy Code 4398 Tax Status TAXABLE Taxable Value Reason NONE OR UNKNOWN Appraised Land Value $493,000 Taxable Land Value $493,000 Value Appraised Improvement $0 Taxable Improvement Value $0 Parcel Number 2473360270 Taxpayer NIKOLICK-BECK INC Account Number 247336027005 Tax Year 2008 Levy Code 4398 Tax Status TAXABLE Taxable Value Reason NONE OR UNKNOWN Appraised Land Value $558,000 Taxable Land Value $558,000 Appraised Improvement Value $0 Taxable Improvement Value $0 Assessor Property Sales Records: Tip: Use the Recorders Office: Excise Tax Affidavits Report to see more sales records details Sale Date 9/11/1989 !Sale Price 1$100,000 Seller Name TRADEMARK CORPORATION Buyer Name NIKOLICH/BECK INC ET AL Assessor Parcel Records: District Name KING COUNTY Property Property p rtY Name Type RESIDENTIAL Plat Name FAIRWOOD PARK DIV NO. Present Vacant 07 Use (Single-family) Plat Block Water WATER System DISTRICT Plat Lot TRACT A Sewer PUBLIC System Lot Area 1,438,736 SqFt(33.03 acres) Access PUBLIC Section/Township/Range SW 27 23 5 Street PAVED Surface http://www5.kingcounty.gov/reports/property_report.asp?PIN=2473360270 11/29/2007 r • King County: Assessor Property Characteristics Report Page 2 of 2 Assessor Legal Description Records: Legal FAIRWOOD PARK DIV NO 7 Description This report was generated:11/29/2007 11:44:37 AM Related on-line reports: Kinq County GIS_Property information FAQ King County Assessor: Submit a request to correct this_information DDES:_Permit Applications_Report Kinq_County Districts and Development Conditions Report King County Assessor: eReal Property Report jPDF format requires Acrobat King County Assessor Quarter Section Map Report(PDF_format requires Acrobat) Kink Count_ Treasu_r r Operations_Property_Tax Information Recorders Office: Excise Tax Affidavits Report Recorders Office: Scanned images ofplats,surveys.and other mapdocuments Enter a 10 digit Parcel Number: I or Enter an address: Search KingCounty I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details, http://www5.kingcounty.gov/reports/property_report.asp?PIN=2473360270 11/29/2007 1 l Q --j----- y,. - , i ..- 43 1,__. Ii i. -., ' w i;� .rY,. �, F f :. ffr;1' f � ,7 . Jr'.f}:-lj �t ��f-! fir _w ^ ti 'i 'I 1' �'.. ... I ffj.: ;' ' ;` 3 y 4 ,:�`� . �" r-; �� .�- . •f-,4_,,,-... .,,./7.,„/,, • • ���,i '''f,,, '`! rae;� r'y r �J� �." --;• ,.'''.,',..,C; _1,1,11, , ,Y d ....� ...__ .. ,t .•d}j..r', ..,,- ',r"',./...,�C�,,��,, '' r $ i• -1 --— i :„;>/4",,,,,,,.-,, :-.),•....,4,,,,:,-.112 .:•!-„,••• 2 ;,- i 11,1,1,., } - w'' '�' ;• . 5 8 _1, 1,.1,1,. S ry 17,059.9 ... I F � '� ar°' � .Yf Sq Ft 1 f�..• ftp' ',r a ;,,`;y ,._E 170th St ��F t,i dF ° j' .,,,„,„:,...,,y,„„. .„„ : r1, 0,/;?,,,,,,,.?„7: ::,,,,,,,,-;,,f.,.v-=. i -). ,,, ,,, , SE17tPI ,E ,,,,y s . E 171t Pi 1Ii ' j„f; r ° i �. , :,e;;M:41,-,,,,,,-;;;,,':4.1,,k-',1 , 1 .., F, Wo r s� ' 'i 172 Pi iii 1,1,1,1,.. p �T I11iJ) 1 ..;:t'hr. 'I Q\ - _... 1/141/:-'2)7.,i 9 co ___.._.-.. ”r.'.,y', ,. tl `,;� ,�;F.�✓y �,i� r _ ',fig ._{' ,/),-..,' r,.. t 4” 'fir, I '''l ' I i • ,�' ..� _..-._.._,..k.. 1,1,1,1, '� • , .°`�F s` �'1' ' • --' _.._.._.._.__._. • . , . .,r' r n s'',f i,'y� q;.M`.JP`4'r.^v: , aa. // .... .,.,? rrfr/,.,../.,,,,v.:,;,,,:7„,...,,,;;,.,, " fe,4, i 150;837.19 I` I' y:�,r., 1' ,Y,F.i' ,z.„,: <<'K b° f?fu . +_ it ,r t' v,a `: ffffff ,r /ter , ',/,-:. i CI r \ -tip ' ;,:: ".i �• rC.,* wry s:; ,e/ illi;;;, ` .`. �;,,,...� 'nffirg 4, t�'�.r+'.:"F �r1 .rc7#'r`'d`,t:,'''..°'-'1',/---" J' 6..r`%xf? r 4- S1 Y R N+ ,r',/,..;,,',•.e„,:of,,e),:,,,:::-.!:',7,rf`-• ?';'-'-' I V -- __a` �f yea l�.w.1"' ._'.%.! ✓,''It. {,Ir • ` Benson Hill Annexation Area Legend Map Section 1 I Economic Development, _1,11_.1,, o~�Y °� Neighborhoods and i�,,,_,,� Benson Hill Annex Boundary Revised Recommendation Strategic Planning Buffer 75F N Alex Pietsch,Administrator Buffer 100F December 3,2007 Adriana Johnson,Planning Technician :esr_,;.4,>; 0 100 200 400 ,' gw,pc1. R-1 Zoning Feet • Produce;.'by City of Renton;cf 2007.the Lny of Penton all R-8 Proposed from R-1 1:4,000 nghls reserved No warranties of any sort oictudmg but nor, HIEDNSP GIS_proiectsltenson hell\7Xd5. totted to accuracy fitness or merchantaLahr/accompany this product Seclion1 reoised recommendation mod Ca /�'-al/Jt` DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton,WA 98055 Phone: 425-430-7200 Fax:1425-430-7231 1. Gross area of property: 1. 5 F7,o5Q•98 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: 2-0 it Q55Li"get Public streets** 103,1 12.0 square feet Private access easements** square fee,t Critical Areas* square feet Total excluded area: 2. square feet 3. Subtract line 2 from line I for net area: 3. L f 3,62-1J.93 square feet 4. Divide line 3 by 43,560 for net acreage: 4. 9-5 acres 5. Number of dwelling units or lots planned: 5. units/lots 6. Divide line 5 by line 4 for net density: 6. 0 = dwelling units/acre `Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. **Alleys (public or private) do not have to be excluded. H:\Fonns\Planning\density.doc -1- 08/07 /-4. • DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton,WA 98055 Phone:425-430-7200 Fax:425-430-7231 1. Gross area of property: 1. 'SO/ g73. 13 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: 10! ASStAtitj Public streets** 30, fl+41,4 square feet Private access easements** square feet Critical Areas* square feet Total excluded area: 2. square feet 3. Subtract line 2 from line 9 for net area: 3. 12.011M.55 square feet 4. Divide line 3 by 43,560 for net acreage: 4. 2.77 acres 5. Number of dwelling units or lots planned: 5. E I units/lots 6. Divide line 5 by line 4 for net density: 6. LI =dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. Alleys (public or private) do not have to be excluded. H:\Fonns\Pianning\density.doc -I 08/07 REC EVE FEB _ 9 20084430 SE 3rd PL Renton City Council Renton, Wa 98059 2/11/08 Greg Taylor Renton City Hall 1055 S. Grady Way Renton, Wa 98057 Dear Mr. Taylor, My name is Martin Toebe. I doubt you remember me but we did meet in my drive way this past summer while you were on the campaign trail for city council. I recently noticed that several speed cameras have been set up in high traffic areas of Renton. I am in full support of these new cameras as I believe that they are helping build a safer city where I may one day be raising children of my own. Mr. Taylor I also feel that more these speed cameras should be installed around the school areas of Renton. Thank you so much for your time. Thoughts, Martin Douglas Toebe 409 j _ l