HomeMy WebLinkAboutCouncil 09/15/2008 AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
September 15, 2008
Monday, 7 p.m.
1. .CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION: Constitution Week- September 17 to 23, 2008
4. SPECIAL PRESENTATION: Police Department Promotions and Recognition
5. ADMINISTRATIVE REPORT
6. 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.
NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot
measure or candidate from the lectern during any portion of the council meeting, and particularly,
during the audience comment portion of the meeting, is PROHIBITED
7. CONSENT AGENDA
1/4000, 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 9/8/2008. Council concur.
b. City Clerk reports bid opening on 9/5/2008 for CAG-08-125, Citywide Walkway Improvements,
12 bids; engineer's estimate$492,220.22; and submits staff recommendation to award the
contract to low bidder, End General Construction, Inc., in the amount of$428,435.35. Council
concur.
c. Community Services Department requests authorization to execute a purchase and sale
agreement with Russell L. Bucklin to purchase 6.7 acres of land located in the May Creek
Greenway, adjacent to Jones Ave.NE, and authorization to execute an amendment to CAG-90-
029, Conservation Futures Interlocal Cooperation Agreement with King County,to accept
$200,000 in grant funding for the purchase. The City's match is estimated at$240,000. Refer to
Finance Committee.
d. Community Services Department requests authorization to execute a purchase and sale
agreement with 4A Development Corporation to purchase 3.66 acres of land located east of the
Panther Creek Wetlands, and authorization to execute an amendment to CAG-90-029,
Conservation Futures Interlocal Cooperation Agreement with King County, to accept$100,000
in grant funding for the purchase. The City's match is estimated at$100,000. Refer to Finance
Committee.
e. Hearing Examiner recommends approval,with conditions,of the Lake Washington View Estates
Preliminary Plat(PP-08-057); 13 single-family lots on 5.53 acres located on the 4200 block of
Lake Washington Blvd. N. Council concur.
f. Public Works Department recommends approval to establish the cost contribution toward Capital
Improvement Projects for properties in which frontage improvements have been deferred by
Lier restrictive covenant. Refer to Transportation(Aviation)Committee.
(CONTINUED ON NEXT PAGE)
g. Transportation Systems Division recommends approval of an agreement in the amount of
$42,908 with King County Department of Transportation to provide Commute Trip Reduction
services to 24 affected employers in the City of Renton for 2008-2009. Council concur. (See
9.a. for resolution.)
8. 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. Community Services Committee: Human Services Funding; Planning Commission
Appointment; Pre-Disaster Mitigation Grant
b. Utility Committee: Purchase of Cyberlock® Security System
9. RESOLUTIONS AND ORDINANCES
Resolution:
a. Agreement with King County for Commute Trip Reduction services (See 7.g.)
Ordinances for second and final reading:
a. Towing Operations/Auto Impoundment Yards docket amendment(1st reading 9/8/2008)
b. 2008 Budget amendment re: Public Works Department positions reclassification(1st reading
9/8/2008)
c. Amending the regulations relating to granting of franchises (1st reading 9/8/2008)
d. Granting Comcast a cable television franchise amendment/extension(1st reading 9/8/2008)
e. 2008 Budget amendment re: Accepting FEMA grant funds for surface water facilities(1st
reading 9/8/2008)
f. Speed limit increase on Edmonds Ave. SE(1st reading 9/8/2008)
10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded
information.)
11. AUDIENCE COMMENT
12. ADJOURNMENT
COMMITTEE OF THE WHOLE
AGENDA
(Preceding Council Meeting)
7th Floor Council Chambers
5:00 p.m.
Capital Budget Priorities;
Solid Waste Contract
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
Li CITY COUNCIL MEETINGS.ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST
TUES.&THURS.ATIIAM&9PM,WED.&FRI.AT9 AM&7 PM AND SAT.&SUN.ATI PM&9PM
Y CITY OF RENTON
® 46 +
Denis Law, Mayor
P r
W herea,', September 17, 2008, marks the two hundred twenty-first anniversary of the drafting
of the Constitution of the United States of America by the Constitutional Convention; and
W he rea4- it is fitting and proper to accord official recognition to this magnificent document
and its memorable anniversary, and to the patriotic celebrations commemorating the occasion;
and
Whereat, Public Law 915 guarantees the issuing of a proclamation each year by the President
of the United States of America designating September 17 through 23 as Constitution Week;
Ndw, ther'e#b-re% I, Denis Law, Mayor of the City of Renton, do hereby proclaim September
17-23,2008, to be
Cltcc ee,k/
in the City of Renton, and I encourage all citizens to join me in this special observance.
In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be
affixed this 15th day of September, 2008.
apop
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i r,tilf,` F.;,e
Denis Law
Mayor of the City of Renton, Washington zt 4
4416100,
RENTOIN
1055 South Grady Way-Renton,Washington 98057-(425)430-6500/FAX(425)430-6523
is OF THE CUF'vE
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CITY OF RENTON COUNCIL AGENDA BILL
AI#: / b
Submitting Data: For Agenda of:
Dept/Div/Board.. AJLS/City Clerk September 15, 2008
Staff Contact Bonnie Walton Agenda Status
Consent X
Subject: Public Hearing..
Bid opening on September 5, 2008, for CAG-08-125, Correspondence..
Citywide Walkway Improvements Project Ordinance
Resolution
Old Business
Exhibits: New Business
Staff Recommendation Study Sessions
Bid Tabulation Sheet (12 bids) Information
Recommended Action: Approvals:
Legal Dept
Council concur Finance Dept
Other
Fiscal Impact:
Expenditure Required... $428,435.35 Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget $441,979 City Share Total Project..
SUMMARY OF ACTION:
Engineer's Estimate: $492,220.22
In accordance with Council procedure, bids submitted at the subject bid opening met the
following two criteria: There was more than one bid and the low bid was within the project
budget. Minor mathematical errors were found that changed bid totals for three bids, but did
not change overall rank. End General Construction, Inc.'s bid was found to be the lowest bid,
with no significant irregularities. Therefore, staff recommends acceptance of the low bid
submitted by End General Construction, Inc. in the amount of$428,435.35.
STAFF RECOMMENDATION:
Accept the low bid submitted by End General Construction, Inc. in the amount of$428.435.35.
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•
CITY OF RENTON
%.0.1 O� SEPI 0 2008
N + ® ♦ PUBLIC WORKS DEPARTMENT RECEIVED
CITY CLERK'S OFFICE
MEMORANDUM
DATE: September 9, 2008
TO: Bonnie Waltd City Clerk
FROM: Bob Hanso 041' portation Design Supervisor,x7223
STAFF CONTACT: James Wilhoit, Project Manager,x7319
SUBJECT: CAG 08-125 Citywide Walkway Improvements Project Bid
Award
The Transportation Systems Division recommends that the Citywide Walkway
Improvements Project be awarded to End General Construction, Inc., 28605 SE 216th
Lane, Maple Valley WA 98038, in the amount of$428,435.35. There were twelve bids
submitted and opened on September 5, 2008. The apparent low bid at that time was End
General Construction's ("End"), and it was read by the City Clerk as $428,935.34. From
review of the bid, however, it was determined that the bid written in the proposal from
End was actually $428,435.34. From further review it was determined that End had made
a$0.01 error in transposing the Schedule A subtotal to the Total page, and the correct
total is $428,435.35, which is below the engineer's estimate of$492,220.22. The second
low bid (both apparent and actual)was from Slead, LLC, 9021 Waller Rd. E., Tacoma
WA 98446, in an amount read at the opening as $460,228.83 but determined during
review to be in error and corrected to $461,478.83,which is also below the engineer's
estimate. The third low bid was from Construct Co., 1621 Pease Ave., Sumner, WA
98390, in the amount of$498,367.70, which exceeds the engineer's estimate. There were
no errors found in Construct Co.'s bid. All of the other bids exceeded the engineer's
estimate. One of them, from Rodarte Construction, Inc. of Auburn, WA, was found to
have errors which have been corrected in the attached bid tab. The error did not affect its
order among the bidders. The highest bid, from Westwater Construction Company of
Auburn, WA, was found to have a unit price error which was corrected without affecting
its total. No errors in any bids changed the order among the bidders, caused a bid which
had been below the estimate to be above it or vice versa, or altered the outcome in any
significant way. Per the Transportation Improvement Program (TIP) The remaining
budget for construction of this project is $441,979.
We are requesting Council concur with this recommendation.
Attachments: Bid Tab
H:\Divisions\TRANSPOR.TARDESIGN.ENG\jwilhoit\walkways\bidadv\wlkwyContract Award Memo.doc
ismomorimom
•
Bonnie Walton
Page 2 of 2
September 9,2008
cc: Gregg Zimmerman,PW Administrator
Peter Hahn,Deputy PW Administrator—Transportation
Jim Seitz,Transportation planning Supervisor
James Wilhoit,Transportation Design Project Manager
Ryan Plut
File
444.0/
h:\divisions\transpor.tat\design.eng\jwilhoit\walkways\bidadv\wlkwycontract award memo.doc
Citywide Walkway Improvements
(Note: Unit prices for all Items,all extentions,and total amount of bid must be shown. Show unit prices
NIllr' in figures only.)
ITEM APPROX.! ITEM WITH UNIT PRICED BID UNIT PRICE AMOUNT
NO. QUANTITY (Unit Prices to be Written in Figures only) Dollars Cts. Dollars Cts.
53 1 CONNECTION TO EXISTING CATCH BASIN
EACH $ ,3St I '0 .35.-6 A3_5. -75
per EACH figures •
54 1 CONTRACTOR SUPPLIED SURVEYING
L.S. $y ,), . q Loks� a i i c i,;axb , LI
per L.S. figures
55 1 CONNECT STORM STRUCTURE TO EXISTING STORM PIPE 1
EACH $ q. ,( ) crA.t o (N.00
per EACH figures
56 1 FINISH AND CLEANUP i
L.S. $ 1(f r 0 0 q-747. .CCS 1 •L°e
per L.S. figures ,
57 1 UTILITY POTHOLING •
EST. $ 875.00 $ 875.00
per EST. figures
Total Schedule"B" (South of NE 24th Street) , 5'1)S51,1-11
fin✓ J PW
Total Schedule"A" (North of NE 24th Street) 113,N316--
Total Schedule"B" (South of NE 24th Street) ,bN,551.11
Total Bid(A+B) 11d51I35. 3s- JP tJ
0
Nome
Schedule B page 5 of 5
'age 12
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CITY OF RENTON
BID TABULATION SHEET
PROJECT: Citywide Walkway Improvements;CAG-08-125 Page 1 of 2 *4.110
DATE: September 5,2008
FORMS
BID
BIDDER Bid Triple Addenda
Proposal Bond Form 1-3 **Includes Sales Tax
Archer Construction,Inc.
7855 S. 206th St. x x x x A. $216,802.00
Kent,WA 98032-1354 B. $297,056.00
Allyson D. Gregerson Total $513,858.00
Construct Co.
1621 Pease Ave. x x x x A. $204,126.85
Sumner,WA 98390 B. $294,240.85
Cy Morse Total $498,367.70
Dennis R. Craig Construction,Inc.
P.O.Box 595 x x x x A. $226,796.30
Redmond,WA 98073-0595 B. $363,103.35
Janey Craig Total $589,899.65
End General Construction,Inc. A. $173,883.85
28605 SE 216th Ln. x x x x A. $173,883.86*
Maple Valley,WA 98038 B-$254,551.49
Darcee Sanders Total $128,935.34
Total $428,435.35*
GMT,Inc. Cashier's
P.O.Box 82002 x Check x x A. $244,702.00
Kenmore,WA 98028 $31,000 B. $374,359.00
G.G. Suarez Total $619,061.00
Laser Underground&Earthworks,Inc.
20417 87th Ave. SE x x x x A. $206,173.00
Snohomish,WA 98296 B. $297,659.00
Bret Lane Total $503,832.00
Precision Earthworks,Inc.
3816 South Rd. x x x x A. $208,490.00
Mukilteo,WA 98275 B. $320,000.00
Julie Schauss Total $528,490.00
CITY OF RENTON
BID TABULATION SHEET
PROJECT: Citywide Walkway Improvements;CAG-08-125 Page 2 of 2
DATE: September 5,2008
FORMS
BID
BIDDER Bid Triple Addenda
Proposal Bond Form 1-3 **Includes Sales Tax
Pivetta Brothers
1812 Pease Ave. x x x x A. $211,126.97
Sumner,WA 98390 B. $322,179.75
Mark Pivetta Total $533,306.72
A. $211,598.00
Rodarte Construction,Inc. A. $211,473.00*
P.O.Box 1875 x x x x B. $294,006.00
Auburn,WA 98071-1875 B. $293,881.00*
J.R.Rodarte Total $505,604.00
Total $505,354.00*
Sanders General Construction,LLC
5188 NW Sammamish Rd. x x x x A. $206,663.00
Issaquah,WA 98027 B. $327,081.00
Allen Sanders Total $533,744.00
read,LLC A. $197,801.36
9021 Waller Rd. E. x x x x A. $199,051.36*
Tacoma,WA 98446 B. $262,427.47
Robert Barry Total $460,228.83
Total $461,478.83*
Westwater Construction Company
31833 Kent Black Diamond Rd. x x x x A. $226,896.00
Auburn,WA 98092 B. $372,102.00
Donald A.Neal Total $598,998.00
ENGINEER'S ESTIMATE A-$200,809.28
B-$291,410.94
$492,220.22
**ow *corrected amount
LEGEND:
Forms:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage
•
CITY OF RENTON COUNCIL AGENDA BILL
1 AI#: 7,
Submitting Data: For Agenda of: September 15, 2008
11600, Dept/Div/Board.. Community Services/Parks
Staff Contact Leslie Betlach, x6619 Agenda Status
Consent X
Subject: Public Hearing..
May Creek Property Acquisition Correspondence..
Ordinance
Resolution
Old Business
Exhibits: New Business
Issue Paper Study Sessions
Map Information X
Purchase and Sales Agreement
Resolution
Amendment to Interlocal Cooperation Agreement
Recommended Action: Approvals:
Refer to Finance Committee Legal Dept X
Finance Dept X
Other
Fiscal Impact:
Expenditure Required... $440,000 Transfer/Amendment
Amount Budgeted $240,000 Revenue Generated.(45%0 $200,000
(316.000000.020.5940.0076.61 acquisition costs reimbursed
.000000) through grant)
Total Project Budget.... $440,000 City Share Total Project... $240,000
SUMMARY OF ACTION:
The City was approached in 2007 about the sale of four parcels totaling 6.73 acres located in the
May Creek Greenway. Also in 2007, the City applied for a King County Conservation Futures Grant
to fund up to 50% of the anticipated acquisition costs. In 2008, the City was recommended for a King
County Conservation Futures grant award of$200,000 which would cover up to 45% of the purchase
price, appraisal fees, Level I Environmental Assessment, title reports, and closing fees. The property
has been appraised at $420,000. Estimated costs for the appraisals, title reports, Level I
Environmental Assessment and closing costs, etc. are $20,000, for an estimated total acquisition cost
of$440,000. Grant funds will be reimbursed to the City after closing. The City's share of the costs,
after the grant reimbursement, is estimated at $240,000. The City has funding identified for
acquisitions in the Grant Matching Program, in the Capital Improvement Fund (fund 316).
STAFF RECOMMENDATION:
Authorize the acquisition of four parcels totaling 6.73 acres in the May Creek Greenway.
Authorize the Mayor and the City Clerk to execute the Purchase and Sales Agreement. Authorize
the acceptance of grant funding by adopting a Resolution authorizing the Mayor and City Clerk to
execute an Amendment to the Conservation Futures Interlocal Cooperation Agreement with King
County. Authorize the use of funding from the Grant Matching Program identified in the Capital
Improvement Fund (fund 316) to fund up to fifty-five percent of the acquisition costs. Reallocate
grant funds back to the Capital Improvement Fund Grant Matching Program (fund 316).
1:\2008 Files\2008-169mb(COUNCIL AGENDA BILL May Creek).doc
°
C.) 6 ‘ft COMMUNITY SERVICES DEPARTMENT
N.. •
•
MEMORANDUM
DATE: September 8, 2008
TO: Marcie Palmer, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor
FROM: Terry Higashiyama, ommunity Services Administrator
STAFF CONTACT: Leslie Betlach, Parks Director(x-6619)
SUBJECT: May Creek Property Acquisition
ISSUE:
Should the City Council authorize the purchase of four parcels of open space land
totaling 6.73 acres for$420,000,plus contingencies, as part of the May Creek Greenway
system and authorize the Mayor and City Clerk to execute a Purchase and Sales
Agreement pertaining to this proposed acquisition?
- Should the City Council authorize the acceptance of grant funding by adopting a
Resolution authorizing the Mayor and City Clerk to execute an Amendment to the King
County Conservation Futures Interlocal Cooperation Agreement to include the allocation
of$200,000 for the acquisition of property along May Creek?
Should the City Council authorize the use of funding from the Grant Matching Program
identified in the Capital Improvement Fund (fund 316)to fund fifty-five percent of the
total acquisition costs?
BACKGROUND:
The City was approached in 2007 about the sale of four parcels totaling 6.73 acres
located in the May Creek Greenway. The parcels are heavily wooded with a flat
meadow area adjacent to Jones Avenue and offers opportunities to connect vegetative
and stream habitat and passive recreation use (trails). The City currently owns 40
acres in the May Creek Greenway which also connects to the Honey Creek Open Space
area, where the City owns 36 acres. Since the mid-eighties, the Cities of Renton and
Newcastle and King County have been acquiring land along May Creek from Lake
Washington to Cougar Mountain for a continuous greenway connection for passive
recreation, wildlife and habitat protection and salmon habitat enhancement. Property to
the east of this proposed acquisition has been fully developed with single-family
residential units.
"err
i:\2.008 files\2008-170mb(may creek acquisition councilmemo).doc
May Creek Property Acquisition
Page 2 of 2
September 8,2007
Also in 2007, the City applied for a King County Conservation Futures Grant to fund *441110
up to fifty percent of the acquisition costs. In 2008, the City was recommended for a
grant award of$200,000 which will cover forty-five percent of the purchase price,
appraisal fees, Level I Environmental Assessment, title reports, and closing fees; the
City would be responsible for the remaining fifty-five percent.
A Level I Environmental Assessment was completed in 2007. The site was found free
from hazardous materials and no further action was deemed necessary. The
Preliminary Commitment for Title indicates there are no title discrepancies.
The property has been appraised at $420,000. Estimated costs for the appraisals and
update appraisals, title reports, Level I Environmental Assessment, and closing costs
will be approximately $20,000 for an estimated total acquisition cost of$440,000. The
City's share of the costs after the grant reimbursement will be estimated at $240,000.
The City has a Grant Matching Program in the Capital Facilities Fund (fund 316) to
meet grant match requirements for acquisition and development projects. In accepting
the 2008 King County Conservation Futures Grant, up to forty-five percent of the
acquisition costs can be re-appropriated back to the Capital Facilities Fund, Grant
Matching Program for future acquisitions. As in previous transactions, grant funds will
be reimbursed to the City after closing.
CONCLUSION:
Acquiring the four parcels totaling 6.73 acres brings the City of Renton, the City of
Newcastle and King County closer to providing a continuous connection from Lake
Nee
Washington to Cougar Mountain for passive recreation opportunities, while
preserving critical native habitat along May Creek. May Creek has been identified
by King County as a Class I Salmonid stream with Chinook habitat and is located
within WRIA 8. Funding is available to acquire the parcel and once the acquisition
has been completed, reimbursement of grant funds will reduce the City's expenses
to fifty-five percent.
RECOMMENDATION:
City Council authorize the acquisition of four parcels totaling 6.73 acres along May
Creek and authorize the Mayor and City Clerk to execute a Purchase and Sales
Agreement for acquisition.
City Council authorize the acceptance of grant funding by adopting a Resolution
authorizing the Mayor and City Clerk to execute an Amendment to the
Conservation Futures Interlocal Cooperation Agreement between King County and
the City of Renton by including a $200,000 allocation for the 6.73 acres acquisition
along May Creek.
City Council authorize the use of funding from the Grant Matching Program
identified in the Capital Improvement Fund (fund 316) to fund fifty-five percent of
the acquisition and associated costs. Upon receipt of grant funding, reallocate funds
back to the Capital Improvement Fund, Grant Matching Program (fund 316).
Cc: Jay Covington, Chief Administrative Officer *0109
Iwen Wang, Finance Administrator
i:\2008 files\2008-170mb(may creek acquisition councilmemo).doc
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REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is between Russell L. Bucklin, a single person, ("Seller") and City of
Renton, a Washington municipal corporation, ("Purchaser"), and is made for the purpose of
purchase and sale of real property.
In consideration of the covenants and agreements hereinafter made, the parties agree as
follows:
1. Description of Property: Purchaser agrees to purchase from Seller, and Seller
agrees to sell unto Purchaser, the following described real property situated in City of Renton, King
County, Washington, known as King County Tax Parcel Nos. 334210-3531, 334210-3511, 334210-
3545 and 334210-3550, and referred to in this Agreement as "the premises":
See Attached, Exhibit"A"
Purchaser hereby authorizes the insertion over his signature of the correct legal description
of the above-designated property if unavailable at time of signing, or to correct the legal description
previously entered if erroneous or incomplete.
2. Purchase Price: The purchase price is Four Hundred Twenty Thousand Dollars
and No Cents ($420,000.00), payable in cash at closing.
3. Title. Title to the premises shall be conveyed free of encumbrances or defects, at
closing, except encumbrances, restrictions and reservations of record, rights reserved in Federal
Patents or State Deeds, building or use restrictions general to the district, existing easements not
inconsistent with the intended use of the property, and building and zoning regulations or
provisions. The title insurance policy to be issued shall contain no exceptions other than those
provided in the standard form plus the defects noted in this paragraph. If title is not so insurable
as above provided and cannot be made so insurable by the termination date set forth herein, this
44.00,
1
Agreement shall be terminated. Seller authorizes the escrow agent to apply for a standard form
owner's policy of title insurance, at Purchaser's expense.
4. Conveyance. Transfer of Seller's interest in the premises shall be by Statutory
Warranty Deed.
5. Prorations: Taxes for the current year, rents, insurance, interest,mortgage reserves,
water and other utilities constituting liens on the property shall be prorated as of date of closing.
6. Closing: This purchase shall be closed by Warren Barber Fontes P.S., and within 30
days after removal of all contingencies, but in any event not later than November 1, 2008, which
shall be the termination date. The parties will deposit in escrow with the closing agent all
instruments and moneys necessary to complete this purchase in accordance with this Agreement.
The cost of escrow shall be paid one-half(1/2) each by the parties.
7. Possession: Seller shall deliver possession to Purchaser on date of closing.
8. Seller's representations and warranties. Seller represents and warrants to
Purchaser as follows:
a. Seller has full power and authority to convey the Property to Purchaser.
b. To the best of Seller's knowledge, the Property is now, or will be as of the
Closing Date, in compliance in all material respects with all applicable zoning, land-use,
building, construction, subdivision and other local, state and federal laws, ordinances and
regulations and with all existing covenants, conditions,restrictions and easements.
c. To the best of Seller's knowledge, all Due Diligence Materials and other
instruments and documents delivered to Purchaser pursuant to this Agreement (the "Warranted
Materials") are complete and accurate originals or copies, and Seller shall advise Purchaser in
writing of any inaccuracies in the Warranted Materials as Seller becomes aware of them. With
2
respect to all other instruments and documents delivered or required to be delivered to Purchaser
by Seller pursuant to this Agreement, Seller has not purposefully altered or withheld any of
them.
d. Seller has not received notice of any special assessment or notice of any
condemnation proceedings affecting the Property.
e. To the best of Seller's knowledge, there is no litigation pending or
threatened against Seller (or any basis for any claim) that arises out of the ownership of the
Property.
f. Seller has received no notice of any failure of Seller to comply with any
applicable governmental requirements in respect of the use, occupation and construction of the
Property, including, but not limited to, environmental, fire, health, safety, zoning, subdivision
and other land use requirements that have not been corrected to the satisfaction of the appropriate
Now
governmental authority, and Seller has received no notice of, and has no knowledge of, any
violations or investigation relating to any such governmental requirement.
g. Seller has received no notice of any default or breach by Seller under any
covenants, conditions, restrictions, rights of way or easements that may affect Seller in respect to
the Property or may affect the Property or any portion thereof and no such default or breach now
exists.
h. To Seller's best current knowledge, no building or other improvement
encroaches on the real property.
i. There are no leases affecting any part of the Property other than those
delivered to Seller, and there are no written or oral promises, understandings or agreements
Altar
3
between Seller and any tenant that have not been disclosed by Seller as part of the materials
provided by Purchaser.
j. To the best of Seller's current knowledge there are no permits, licenses or
consents required by any governmental authority in connection with the use and occupancy of
the Property except those previously obtained by Seller and delivered to Purchaser, and Seller
knows of no local improvement districts proposed which will affect the Property.
k. All public utilities required for the operation of the Property either enter
the Property through adjoining public streets or, if they pass through adjoining private lands, do
so in accordance with valid public easements or private easements that will inure to the benefit of
Purchaser on the Closing Date.
1. Water and sanitary and storm sewage facilities currently service the
Property and are on or immediately abutting the property.
m. Seller is not a foreign person as defined in Section 1445 of the Internal
Revenue Code.
n. All of the representations, warranties and covenants of Seller contained in
this Agreement are true and correct as of the Effective Date and as of the Closing Date and will
survive the closing of the transaction contemplated by this Agreement.
9. Hazardous material.
a. Definitions
(1) Definition of "Environmental Laws": The term "Environmental
Laws" means any and all state, federal and local statutes, regulations and ordinances relating to
the protection of human health and the environment.
4
(2) Definition of "Hazardous Material": The term "Hazardous
Material" means any hazardous or toxic substance, material or waste, including, but not limited
to, those substances, materials and wastes listed in the United States Department of
Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States
Environmental Protection Agency as hazardous substances (40 C.F.R. pt. 302 and amendments
thereto) or in the Washington Hazardous Waste Management Act (Ch. 70.105D RCW) or the
Model Toxics Control Act (Chs. 70.105D RCW, 82.21 RCW), petroleum products and their
derivatives, and such other substances, materials and wastes as become regulated or subject to
cleanup authority under any Environmental Laws.
b. Compliance with environmental laws. Seller represents and warrants that:
(1) Seller has no actual knowledge of the release or presence of any
Hazardous Material on, in, from or onto the Real Property;
(2) Seller has not generated, manufactured, refined, transported,
stored, handled, disposed of or released any Hazardous Material on the property, nor has Seller
permitted the foregoing;
(3) To the best of Seller's actual knowledge, Seller has obtained all
approvals and caused all notifications to be made as required by Environmental Laws;
(4) To the best of Seller's actual knowledge, Seller has not received
any notice of any violation of any Environmental Laws;
(5) To the best of Seller's actual knowledge, no action has been
commenced or threatened regarding Seller's compliance with any Environmental Laws;
Nese
5
(6) To the best of Seller's actual knowledge, no tanks used for the
storage of any Hazardous Material above or below ground are present on or about the Real
Property; and
(7) To the best of Seller's actual knowledge, no action has been
commenced or threatened regarding the presence of any Hazardous Material on or about the Real
Property.
c. No waiver of liability. Seller has not released or waived and will not
release or waive the liability of any previous owner, lessee or operator of the Real Property or
any party who may be potentially responsible for the presence or removal of Hazardous Material
on or about the Real Property. Seller has made no promises of indemnification regarding
Hazardous Material to any party.
d. Indemnification. Seller agrees to defend (with counsel approved by
Purchaser), fully indemnify and hold entirely free and harmless Purchaser from and against all
claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without
limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees)that
are imposed on, paid by or asserted against Purchaser or its successors or assigns, by reason or
on account of, or in connection with, or arising out of(a) the presence or suspected presence of
Hazardous Material in the soil, groundwater or soil vapor on or about the Real Property, or (b)
the migration of any Hazardous Material from or onto the Real Property, or (c) the violation of
any Environmental Law, and, with respect to (a), (b) and (c), that existed as of or prior to the
Closing Date and only if it did so in violation of Seller's representations. This indemnification
of Purchaser by Seller includes, without limitation, costs incurred in connection with any of the
following:
6
(1) Any investigative or remedial action involving the presence of
Hazardous Material on or about the Real Property or releases of Hazardous Material from the
Real Property;
(2) Any allegations made by any governmental authority or any
private citizen or entity or group of citizens or entities as to the violation of any Environmental
Laws involving the Real Property or the operations conducted thereon; and/or
(3) Any injury or harm of any type to any person or entity or damage
to any property arising out of, in connection with or in any way relating to (i) the generation,
manufacture, refinement, transportation, treatment, storage, recycling, disposal or release, or
other handling of Hazardous Material on or about the Real Property or pursuant to the operations
conducted thereon, and/or (ii) the violation of any Environmental Laws, and/or (iii) the
contamination of the Real Property.
Nor
e. Environmental inspection. During the Feasibility Study Period, Purchaser
upon reasonable notice to Seller will have the right to take soil and water samples (including
groundwater samples) from the Real Property, and to test and analyze those samples to
determine the extent of any contamination of the soils and water (including groundwater) on or
about the Real Property. If, based on the results of those inspections and/or tests, Purchaser
determines that the condition of the Real Property is unsatisfactory or if Purchaser believes that
its ownership of the Real Property would expose Purchaser to undue risks of government
intervention or third-party liability, Purchaser may, without liability, cancel the purchase of the
Property and terminate this Agreement.
10. Continuation and survival of representations and warranties. All
representations and warranties by the respective parties contained in this Agreement or made in
7
writing pursuant to this Agreement are intended to and will remain true and correct as of the time
of closing, will be deemed to be material and will survive the execution and delivery of this
Agreement and the delivery of the Deed and transfer of title. Such representations and
warranties, however, are not assignable and do not run with the land, except as may be expressly
provided herein or contained in a written instrument signed by the party to be charged.
11. Governing law. This Agreement will be governed by and construed in
accordance with the laws of the state of Washington.
12. Nonmerger. The terms and provisions of this Agreement, including, without
limitation, all indemnification obligations, will not merge in, but will survive, the closing of the
transaction contemplated under this Agreement.
13. Default: If either party defaults in his contractual performance herein, the non-
defaulting party may seek specific performance pursuant to the terms of this Agreement, damages,
or rescission. The non-defaulting party shall be entitled to recover its costs and attorney's fees in the
event counsel is retained as a result of such default.
14. Miscellaneous: There are no verbal or other agreements which modify or affect this
Agreement. Time is of the essence of this Agreement. Purchaser has not consulted with, nor
discovered the respective parcels through the use of a realtor or other agent and there are no finder's
fees or commissions due upon this transaction. Facsimile transmission of any signed original
document, and retransmission of any signed facsimile transmission, shall be the same as
transmission of an original. At the request of either party, or the Closing Agent, the parties will
confirm facsimile transmitted signatures by signing an original document. Notices given under this
Agreement shall be in writing and shall be delivered personally with written receipt therefore, or
sent by certified mail, return receipt requested, to the following addresses:
,411
8
Seller:
Russell L. Bucklin
P. O. Box 411
Montlake Terrace, WA 98043
Purchaser:
City of Renton
C/O Leslie Betlach
1055 S. Grady Way
Renton, WA 98055
15. Residency of Seller: Seller warrants to Escrow Agent that if Seller is an individual,
Seller is not a non-resident alien for purposes of U.S. income taxation or if Seller is a corporation,
partnership, trust, or estate, Seller is not a foreign corporation, foreign partnership, foreign trust or
foreign estate.
16. Purchaser's Exchange: If requested to do so by Seller, Purchaser shall cooperate lorie a simultaneous or deferred exchange by permitting Seller to assign this agreement to a third party
("Exchange Facilitator") and by accepting a conveyance of the premises from the Exchange
Facilitator. The assignment may take effect only simultaneously with the closing under this
agreement. In no event shall Seller be relieved of any liability under this agreement by reason of the
assignment, and the Exchange Facilitator shall have no right to enforce this agreement that Seller
would not have if there had been no assignment. Purchaser shall not be required to bear any
escrow, title or other expenses in an amount greater than those Purchaser would bear if there were
no exchange, nor shall Purchaser be required to expend any sums of money in connection with the
exchange. Purchaser shall not be required to execute any document creating personal liability or
assume or be exposed to any liability in connection with an exchange, nor shall the Closing Date be
extended to consummate an exchange. In no event shall Purchaser be required to take title to any
,, property other than the premises, and in no event shall Purchaser be responsible for any tax
9
consequences to Seller or any other party in connection with an exchange. Seller agrees and
covenants to defend, indemnify, protect and hold harmless Purchaser from any liability, damages,
loss,cost or expense (including reasonable attorneys' fees) of whatsoever kind and nature arising out
of any exchange.
17. Contingencies: The obligation of the Purchaser under this Agreement is contingent
upon the occurrence of the following on or before the date of closing:
a. Level I Environmental study as specified in paragraph 9e of this agreement.
b. Receipt by the City of Renton of a King County Conservation Futures Grant.
c. Approval of the purchase by the Renton City Council.
d. Insurable title satisfactory to the City.
18. The Seller agrees to provide to the Purchaser within five (5) days of the mutual
acceptance of this agreement a Real Property Transfer Disclosure Statement pursuant to R.C.W.
Chapter 64.06.
DATED this day of ,2008.
SELLER:
Russell L. Bucklin
PURCHASER:
CITY OF RENTON
By:
Denis Law, Mayor
ATTEST:
By:
Bonnie I. Walton, City Clerk
10
STATE OF WASHINGTON )
COUNTY OF )
THIS IS TO CERTIFY that 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 Russell L. Bucklin and executed the within and foregoing
instrument and acknowledged the said instrument to be the free and voluntary act and deed of
such person(s) for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in this certificate first above
written.
Signature:
Notary Public in and for the state of Washington.
Notary (print):
Residing in:
My appointment expires:
STATE OF WASHINGTON )
COUNTY OF KING )
THIS IS TO CERTIFY that on this day of , 2008, before
Now me, the undersigned, a notary public in and for the state of Washington, duly commissioned and
sworn, personally appeared Mayor Denis Law to me known to be the Mayor of the City of
Renton, the municipal corporation that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said municipal
corporation for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument, and that the seal affixed, if any, is the corporate seal of
said corporation.
WITNESS my hand and official seal the day and year in this certificate first above
written.
Signature:
Notary Public in and for the state of Washington.
Notary (print):
Residing in:
My appointment expires:
Nome
11
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL
COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE
CITY OF RENTON BY INCLUDING A $200,000 ALLOCATION FOR
THE ACQUISITION OF OPEN SPACE ALONG THE MAY CREEK
TRAIL CORRIDOR.
WHEREAS, the City of Renton entered into an Interlocal Cooperation Agreement with
King County on June 5, 1990, which provides for the acquisition of monies through the
Conservation Futures Levy Fund for the purpose of acquiring open space; and
WHEREAS, the City of Renton applied for Conservation Futures funding assistance to
acquire certain open space parcels along the May Creek Trail Corridor; and
WHEREAS, King County has approved the City's request and authorized the
expenditure of up to $200,000 in matching funds to acquire parcels along the May Creek Trail ''1
Corridor in the northern part of the City of Renton; and
WHEREAS, the acquisition of the remaining open space lands along the May Creek
Trail Corridor in the northern part of the City is consistent with the City's Comprehensive Park,
Recreation and Open Space Plan, and further, that the City Council of the City of Renton
considers it in the best public interest to acquire these remaining lands; and
WHEREAS, Article VI, Section 6.1 of the Interlocal Cooperation Agreement requires
that the City take appropriate legislative action to commit funds for the purpose of matching the
amounts allocated by King County; and
WHEREAS, it is necessary to amend the existing interlocal agreement between the City
of Renton and King County to include that additional $200,000 allocation;
1
RESOLUTION NO.
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 amend the
existing City of Renton-King County Interlocal Agreement to include the allocation of an
additional $200,000 for the acquisition of property along the May Creek Trail Corridor.
SECTION III. Any fund assistance so received shall be used to acquire open
space land along the May Creek Trail Corridor in the northern part of the City of Renton.
SECTION IV. The City's share of the project will be derived from the City's
Municipal Facilities Capital Improvement Fund and/or the City's Community Development
Impact Mitigation Fund.
PASSED BY THE CITY COUNCIL this day of , 2008.
Now
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.1369:8/27/08:scr
2
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF RENTON
FOR OPEN SPACE ACQUISITION PROJECTS
Preamble
The King County Council, through Ordinance 9128, has established a Conservation Futures
Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban
cities. This amendment is entered into to provide for the allocation of additional funds made
available for open space acquisition.
THIS AMENDMENT is entered into between the CITY OF RENTON and KING COUNTY,
and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement
entered into between the parties on the 5th day of June, 1990, as previously amended.
The parties agree to the following amendments:
Amendment 1: Article 1. Recitals
A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy
Fund allocation for the May Creek Trail Corridor acquisition, and hereafter reads:
• On November 19, 2007, the King County Council passed Ordinance 15975, which
appropriated a total of Two Hundred Thousand Dollars ($200,000) in Conservation
Futures Levy proceeds to the City of RENTON for the May Creek Trail Corridor
acquisition Project. On April 20, 2008 the King County Council passed Ordinance
16052, authorizing the King County Executive to enter into interlocal agreements with
the City of Seattle and the suburban cities for the disbursement of Conservation Futures
Funds in Ordinance 15975.
Amendment 2: Article V. Conditions of Agreement
Section 5.1 is amended to include reference to Attachment I, which lists a 2008
Conservation Futures Levy Allocation for the May Creek Trail Corridor
Acquisition Project.
Amendment 3: Article VII. Responsibilities of County
The first two sentences of this article are amended to include references to Attachment I,which
lists a 2008 Conservation Futures Levy proceeds allocation for the May Creek Trail Corridor
Property acquisition Project:
Amendment I
Annual CFT Interlocal Renton-King County
2008 CFT proceeds
-1-
Subject to the terms of this agreement, the County will provide Conservation
Futures Levy Funds in the amounts shown in Attachments A through I to be used
for the Projects listed in Attachments A through I. The City may request
additional funds; however, the County has no obligation to provide funds to the
City for the Projects in excess of the total amounts shown in Attachments A
through I. The County assumes no obligation for the future support of the Projects
described herein except as expressly set forth in this agreement.
AMENDMENT 4: Attachment I
The attachments to the interlocal agreement are hereby amended by adding Attachment I, which
is hereby attached to the interlocal agreement, incorporated therein and made a part thereof.
In all other respects, the terms, conditions, duties and obligations of both parties shall remain the
same as agreed to in the Interlocal Cooperation Agreement as previously amended.
This document shall be attached to the existing Interlocal Cooperation Agreement.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their
names in the spaces set forth below:
KING COUNTY CITY OF RENTON
4011.,
Ron Sims Denis Law
King County Executive Mayor
Date: Date
Acting under the authority of Acting under the authority of
Ordinance 15975 Ordinance:
Approved as to form: Approved as to form:
Dan Satterberg •
King County Prosecuting Attorney City Attorney
Nome
Amendment I
Annual CFT Interlocal Renton-King County
2008 CFT proceeds
-2-
ATTACHMENT I
2008 CONSERVATION FUTURES LEVY
CITY OF RENTON ALLOCATION
Jurisdiction Project Allocation
RENTON May Creek Trail Corridor $200,000
TOTAL $200,000
Project Description:
May Creek Trail Corridor: This project consists of acquiring wooded parcels contiguous to
public land in the May Creek corridor to help complete protection the May Creek Park system,
east of I-405 in Renton.
City of RENTON—May Creek Trail Corridor $200,000
Amendment I
Annual CFT Interlocal Renton-King County
2008 CFT proceeds
-1-
CITY OF RENTON COUNCIL AGENDA BILL
AI k: -7 .
Submitting Data: For Agenda of: September 15, 2008
4110,00, Dept/Div/Board.. Community Services/Parks
Staff Contact Leslie Betlach, x6619 Agenda Status
Consent X
Subject: Public Hearing..
Panther Creek Property Acquisition Correspondence..
Ordinance
Resolution
Old Business
Exhibits: New Business
Issue Paper Study Sessions
Map Information
Purchase and Sales Agreement
Resolution
Amendment to Interlocal Cooperation Agreement
Recommended Action: Approvals:
Refer to Finance Committee Legal Dept X
Finance Dept X
Other
Fiscal Impact:
Expenditure Required... $200,000 Transfer/Amendment
Amount Budgeted $100,000 Revenue Generated.(50% $100,000
(316.000000.020.5940.0076.61 acquisition costs reimbursed
.000000) through grant)
Total Project Budget $200,000 City Share Total Project.. $100,000
SUMMARY OF ACTION:
The City was approached in 2005 about the sale of a 3.66 acre forested parcel of land contiguous to
the west boundary of the city-owned 17.87 acre Edlund/Korum property and east of the Panther Creek
Wetlands. Also in 2005, the City applied for a King County Conservation Futures Grant to fund up to
50% of the anticipated acquisition costs. In 2006, the City was recommended for a King County
Conservation Futures grant award of$170,000 which would cover up to 50% of the purchase price,
appraisal fees, Level I Environmental Assessment, title reports, and closing fees. The property has
been appraised at $180,000. Estimated costs for the appraisals, title reports, Level I Environmental
Assessment and closing costs, etc. are $20,000, for an estimated total acquisition cost of$200,000.
Grant funds will be reimbursed to the City after closing. The City's share of the costs, after the grant
reimbursement, is estimated at $100,000. The City has funding identified for acquisitions in the Grant
Matching Program, in the Capital Improvement Fund (fund 316).
STAFF RECOMMENDATION:
Authorize the acquisition of the 3.66 acre Panther Creek parcel. Authorize the Mayor and the City
Clerk to execute the Purchase and Sales Agreement. Authorize the acceptance of grant funding by
adopting a Resolution authorizing the Mayor and City Clerk to execute an Amendment to the
Conservation Futures Interlocal Cooperation Agreement with King County. Authorize the use of
funding from the Grant Matching Program identified in the Capital Improvement Fund (fund 316)
to fund up to fifty percent of the acquisition costs. Reallocate grant funds back to the Capital
mrr' Improvement Fund Grant Matching Program (fund 316).
1:12008 Files12008-167mb(Panther Creek Acquisition Agenda Bilt).doc
�Y
�., 0� COMMUNITY SERVICES DEPARTMENT
♦ `�
MEMORANDUM
DATE: September 8, 2008
TO: Marcie Palmer, Council President
Members of the Renton City Council
VIA: ,C- Denis Law, Mayo
FROM: AG-1 Terry Higashiyama, ommunity Services Administrator
STAFF CONTACT: Leslie Betlach, Parks Director(x-6619)
SUBJECT: Panther Creek Property Acquisition
ISSUE:
Should the City Council authorize the purchase of a 3.66 acre open space parcel for
$180,000, plus contingencies, contiguous to the City-owned Edlund/Korum property and
authorize the Mayor and City Clerk to execute a Purchase and Sales Agreement
pertaining to this proposed acquisition?
Nay Should the City Council authorize the acceptance of grant funding by adopting a
Resolution authorizing the Mayor and City Clerk to execute an Amendment to the King
County Conservation Futures Interlocal Cooperation Agreement to include the allocation
of$170,000 for the acquisition of property along Panther Creek?
Should the City Council authorize the use of funding from the Grant Matching Program
identified in the Capital Improvement Fund (fund 316)to fund fifty percent of the total
acquisition costs?
BACKGROUND:
The City was approached in 2005 about the sale of a 3.66 acre parcel contiguous to the
west boundary of the 17.87 acre Edlund/Korum parcel located on Carr Road. The
heavily wooded parcel contains the Panther Creek and offers opportunities to connect
vegetative and stream habitat and passive recreation use (trails) west to the Panther
Creek Wetlands,where the City owns 73 acres and additionally has a trail easement •
across one privately-owned parcel adjoining the wetlands. Property to the north of this
proposed acquisition, which is zoned R-8 and R-10, has been undergoing rapid
development. Recreational use in this area is limited.
Also in 2005, the City applied for a King County Conservation Futures Grant to fund
up to 50% of the acquisition costs. In 2006, the City was recommended for a grant
award of$170,000 which will cover 50% of the purchase price, appraisal fees, Level I
Environmental Assessment, title reports, and closing fees.
i:\2008 files\2008-168mb(panther creek acquisition councilmemo).doc
err►
Panther Creek Property Acquisition
Page 2 of 2
September 8,2008
A Level I Environmental Assessment was completed in 2006. The site was found free
from hazardous materials and no further action was deemed necessary. The
Preliminary Commitment for Title reflected numerous discrepancies, all of which have
now been resolved. The proposed acquisition is part of a much larger parcel and the
Seller has agreed to complete and record a Record of Survey delineating the 3.66
acres.
The property has been appraised at $180,000. Estimated costs for the appraisals and
update appraisals, title reports, Level I Environmental Assessment, and closing costs
will be approximately $20,000 for an estimated total acquisition cost of$200,000. The
City's share of the costs after the grant reimbursement will be estimated at $100,000.
The City has a Grant Matching Program in the Capital Facilities Fund (fund 316) to
meet grant match requirements for acquisition and development projects. In accepting
the 2006 King County Conservation Futures Grant, up to fifty percent of the
acquisition costs can be re-appropriated back to the Capital Facilities Fund, Grant
Matching Program for future acquisitions. As in previous transactions, grant funds will
be reimbursed to the City after closing.
CONCLUSION:
Acquiring this 3.66 acre parcel brings the City closer to providing a continuous
connection for passive recreation opportunities from the Edlund/Korum parcel to
the Panther Creek Wetlands, while preserving critical native habitat along Panther
Creek. Panther Creek has been identified by King County as a Class 2 Salmonid ,41,'
stream and is located within WRIA 9. Funding is available to acquire the parcel
and once the acquisition has been completed, reimbursement of grant funds will
reduce the City's expenses by fifty percent.
RECOMMENDATIONS:
City Council authorize the acquisition of the 3.66 acre Panther Creek parcel and
authorize the Mayor and City Clerk to execute a Purchase and Sales Agreement for
acquisition.
City Council authorize the acceptance of grant funding by adopting a Resolution
authorizing the Mayor and City Clerk to execute an Amendment to the
Conservation Futures Interlocal Cooperation Agreement between King County and
the City of Renton by including a $170,000 allocation for the 3.66 acre open space
acquisition along Panther Creek.
City Council authorize the use of funding from the Grant Matching Program
identified in the Capital Improvement Fund (fund 316) to fund fifty percent of the
acquisition and associated costs. Upon receipt of grant funding, reallocate funds
back to the Capital Improvement Fund, Grant Matching Program (fund 316).
Cc: Jay Covington, Chief Administrative Officer
Iwen Wang, Finance and Information Systems Administrator "'
i:\2008 files\2008-168mb(panther creek acquisition councilmemo).doc
City o __
Community Services-Parksenton Division .
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REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS AGREEMENT is between 4A Development Corporation, a Washington corporation
("Seller")and City of Renton, a Washington municipal corporation, ("Purchaser"), and is made for
the purpose of purchase and sale of the following described real property.
In consideration of the covenants and agreements hereinafter made, the parties agree as
follows:
1. Description of Property: Purchaser agrees to purchase from Seller, and Seller
agrees to sell unto Purchaser, the following described real property commonly known as King
County Tax Parcel No. 3123059136, situated in King County, Washington, and referred to in this
Agreement as "the premises"or the"Real Property":
Attached to this Agreement as Attachment "A"and incorporated herein by this
reference.
Purchaser hereby authorizes the insertion over his signature of the correct legal description
of the above-designated property if unavailable at time of signing, or to correct the legal description
'w previously entered if erroneous or incomplete.
2. Purchase Price: The purchase price is One Hundred Eighty Thousand Dollars and
No Cents ($180,000.00),payable in cash at closing.
3. Title: Title to the premises shall be conveyed free of encumbrances or defects, at
closing, except encumbrances, restrictions and reservations of record, rights reserved in Federal
Patents or State Deeds, building or use restrictions general to the district, existing easements not
inconsistent with the intended use of the property, and building and zoning regulations or
provisions. The title insurance policy to be issued shall contain no exceptions other than those
provided in the standard form plus any defects noted in this paragraph. If title is not so insurable
as above provided and cannot be made so insurable by the termination date set forth herein, this
Agreement shall be terminated without liability to either party. Seller authorizes the escrow
agent to apply for a standard form owner's policy of title insurance, at Purchaser's expense.
4. Conveyance: Transfer of Seller's interest in the premises shall be by Statutory
Warranty Deed.
Nor'
PURCHASE AND SALE AGREEMENT- 1
�Y '
5. Prorations: Taxes for the current year, rents, insurance, interest,mortgage reserves, ,
water and other utilities constituting liens on the property shall be prorated as of date of closing.
6. going: This purchase shall be closed by November 30, 2008, or within 30 days
after removal of all contingencies,but in any event not later than November 30, 2008,which shall
be the termination date. The parties will deposit in escrow with the closing agent all instruments
and moneys necessary to complete this purchase in accordance with this Agreement. The cost of
escrow shall be paid one-half(1/2)each by the parties.
7. Possession: Seller shall deliver possession to Purchaser on date of closing.
8. Seller's representations and warranties: Seller represents and warrants to
Purchaser as follows:
a. Seller has full power and authority to convey the Property to Purchaser.
b. To the best of Seller's knowledge, the Property is now, or will be as of the
Closing Date, in compliance in all material respects with all applicable zoning, land-use,
building, construction, subdivision and other local, state and federal laws, ordinances and
regulations and with all existing covenants, conditions,restrictions and easements.
c. To the best of Seller's knowledge, all Due Diligence Materials and other
instruments and documents delivered to Purchaser pursuant to this Agreement (the"Warranted
Materials") are complete and accurate originals or copies, and Seller shall advise Purchaser in
writing of any inaccuracies in the Warranted Materials as Seller becomes aware of them. With
respect to all other instruments and documents delivered or required to be delivered to Purchaser
by Seller pursuant to this Agreement, Seller has not purposefully altered or withheld any of them.
d. Seller has not received notice of any special assessment or notice of any
condemnation proceedings affecting the Property.
e. To the best of Seller's knowledge, there is no litigation pending or threatened
against Seller(or any basis for any claim) that arises out of the ownership of the Property.
f. Seller has received no notice of any failure of Seller to comply with any
applicable governmental requirements in respect of the use, occupation and construction of the
Property, including,but not limited to, environmental, fire,health, safety, zoning, subdivision
and other land use requirements that have not been corrected to the satisfaction of the appropriate
PURCHASE AND SALE AGREEMENT - 2
governmental authority, and Seller has received no notice of, and has no knowledge of, any
violations or investigation relating to any such governmental requirement.
g. Seller has received no notice of any default or breach by Seller under any
covenants, conditions, restrictions, rights of way or easements that may affect Seller in respect to
the Property or may affect the Property or any portion thereof and no such default or breach now
exists.
h. To Seller's best current knowledge, no building or other improvement encroaches
on the real property.
i• There are no leases affecting any part of the Property other than those delivered to
Seller, and there are no written or oral promises, understandings or agreements between Seller
and any tenant that have not been disclosed by Seller as part of the materials provided by
Purchaser.
j. To the best of Seller's current knowledge there are no permits, licenses or
consents required by any governmental authority in connection with the use and occupancy of the
Property except those previously obtained by Seller and delivered to Purchaser, and Seller knows
of no local improvement districts proposed which will affect the Property.
k. All public utilities required for the operation of the Property either enter the
Property through adjoining public streets or, if they pass through adjoining private lands, do so in
accordance with valid public easements or private easements that will inure to the benefit of
Purchaser on the Closing Date.
1. Water and sanitary and storm sewage facilities currently service the Property and
are on or immediately abutting the property.
m. Seller is not a foreign person as defined in Section 1445 of the Internal Revenue
Code.
n. All of the representations, warranties and covenants of Seller contained in this
Agreement are true and correct as of the Effective Date and as of the Closing Date and will
survive the closing of the transaction contemplated by this Agreement.
9. Hazardous material:
a. Definitions
fir►
PURCHASE AND SALE AGREEMENT- 3
(1) Definition of"Environmental Laws": The term"Environmental Laws"
means any and all state, federal and local statutes, regulations and ordinances relating to the
protection of human health and the environment.
(2) Definition of"Hazardous Material": The term"Hazardous Material"
means any hazardous or toxic substance, material or waste, including,but not limited to, those
substances,materials and wastes listed in the United States Department of Transportation
Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental
Protection Agency as hazardous substances (40 C.F.R. pt. 302 and amendments thereto) or in the
Washington Hazardous Waste Management Act (Ch. 70.105D RCW) or the Model Toxics
Control Act(Chs. 70.105D RCW, 82.21 RCW), petroleum products and their derivatives, and
such other substances,materials and wastes as become regulated or subject to cleanup authority
under any Environmental Laws.
b. Compliance with environmental laws. Seller represents and warrants that:
(1) Seller has no actual knowledge of the release or presence of any
Hazardous Material on, in, from or onto the Real Property;
(2) Seller has not generated, manufactured,refined, transported, stored,
handled, disposed of or released any Hazardous Material on the property, nor has Seller
permitted the foregoing;
(3) To the best of Seller's actual knowledge, Seller has obtained all approvals
and caused all notifications to be made as required by Environmental Laws;
(4) To the best of Seller's actual knowledge, Seller has not received any notice
of any violation of any Environmental Laws;
(5) To the best of Seller's actual knowledge, no action has been commenced
or threatened regarding Seller's compliance with any Environmental Laws;
(6) To the best of Seller's actual knowledge,no tanks used for the storage of
any Hazardous Material above or below ground are present on or about the Real Property; and
(7) To the best of Seller's actual knowledge, no action has been commenced
or threatened regarding the presence of any Hazardous Material on or about the Real Property.
c. No waiver of liability. Seller has not released or waived and will not release or
waive the liability of any previous owner, lessee or operator of the Real Property or any party
NIS
PURCHASE AND SALE AGREEMENT -4
who may be potentially responsible for the presence or removal of Hazardous Material on or
*..r
about the Real Property. Seller has made no promises of indemnification regarding Hazardous
Material to any party.
d. Indemnification. Seller agrees to defend (with counsel approved by Purchaser),
fully indemnify and hold entirely free and harmless Purchaser from and against all claims,
judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation,
sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees)that are
imposed on,paid by or asserted against Purchaser or its successors or assigns, by reason or on
account of, or in connection with, or arising out of(i) the presence or suspected presence of
Hazardous Material in the soil, groundwater or soil vapor on or about the Real Property, or(ii)
the migration of any Hazardous Material from or onto the Real Property, or(iii) the violation of
any Environmental Law, and, with respect to (i), (ii) and (iii), that existed as of or prior to the
Closing Date and only if it did so in violation of Seller's representations. This indemnification of
Purchaser by Seller includes, without limitation, costs incurred in connection with any of the
following:
r (1) Any investigative or remedial action involving the presence of Hazardous
Material on or about the Real Property or releases of Hazardous Material from the Real Property;
(2) Any allegations made by any governmental authority or any private citizen
or entity or group of citizens or entities as to the violation of any Environmental Laws involving
the Real Property or the operations conducted thereon; and/or
(3) Any injury or harm of any type to any person or entity or damage to any
property arising out of, in connection with or in any way relating to (i) the generation,
manufacture, refinement, transportation, treatment, storage, recycling, disposal or release, or
other handling of Hazardous Material on or about the Real Property or pursuant to the operations
conducted thereon, and/or(ii) the violation of any Environmental Laws, and/or(iii)the
contamination of the Real Property.
e. Environmental inspection. During the Feasibility Study Period, Purchaser upon
reasonable notice to Seller will have the right to take soil and water samples (including
groundwater samples) from the Real Property, and to test and analyze those samples to determine
the extent of any contamination of the soils and water(including groundwater) on or about the
Nome
PURCHASE AND SALE AGREEMENT- 5
Real Property. If,based on the results of those inspections and/or tests, Purchaser determines
that the condition of the Real Property is unsatisfactory or if Purchaser believes that its
ownership of the Real Property would expose Purchaser to undue risks of government
intervention or third-party liability, Purchaser may,without liability, cancel the purchase of the
Property and terminate this Agreement.
10. Continuation and survival of representations and warranties: All
representations and warranties by the respective parties contained in this Agreement or made in
writing pursuant to this Agreement are intended to and will remain true and correct as of the time
of closing,will be deemed to be material and will survive the execution and delivery of this
Agreement and the delivery of the Deed and transfer of title. Such representations and
warranties,however, are not assignable and do not run with the land, except as may be expressly
provided herein or contained in a written instrument signed by the party to be charged.
11. Governing law: This Agreement will be governed by and construed in
accordance with the laws of the state of Washington.
12. Nonmerger: The terms and provisions of this Agreement, including, without
limitation, all indemnification obligations, will not merge in,but will survive, the closing of the
transaction contemplated under this Agreement.
13. Default: If either party defaults in his contractual performance herein,the non-
defaulting party may seek specific performance pursuant to the terms of this Agreement, damages,
or rescission. The non-defaulting party shall be entitled to recover its costs and attorney's fees in
the event counsel is retained as a result of such default.
14. Miscellaneous: There are no verbal or other agreements which modify or affect
this Agreement. Time is of the essence of this Agreement. Purchaser has not consulted with,nor
discovered the respective parcels through the use of a realtor or other agent and there are no finder's
fees or commissions due upon this transaction. Facsimile transmission of any signed original
document, and retransmission of any signed facsimile transmission, shall be the same as
transmission of an original. At the request of either party,or the Closing Agent,the parties will
confirm facsimile transmitted signatures by signing an original document. Notices given under this
Agreement shall be in writing and shall be delivered personally with written receipt therefor, or sent
by certified mail,return receipt requested,to the following addresses:
PURCHASE AND SALE AGREEMENT - 6
Seller:
N+Nr.r 4A Development Corporation
24255 104th Ave SE
Kent, WA 98030-4972
Purchaser:
City of Renton
C/O Leslie Betlach
1055 Grady Way South
Renton, WA 98055
15. Residency of Seller: Seller warrants to Escrow Agent that if Seller is an individual,
Seller is not a non-resident alien for purposes of U.S. income taxation or if Seller is a corporation,
partnership, trust, or estate, Seller is not a foreign corporation, foreign partnership, foreign trust or
foreign estate.
16. Contingencies: The obligation of the Purchaser under this Agreement is contingent
upon the occurrence of the following on or before the date of closing:
a. Receipt by the City of Renton of a King County Conservation Futures Grant.
b. Approval of the purchase by the Renton City Council.
DATED this day of
, 2008.
SELLER:
4A DEVELOPMENT CORPORATION
By:
A. Craig Romney,
PURCHASER:
CITY OF RENTON
By:
Denis Law, Mayor
ATTEST:
By:
Bonnie I. Walton, City Clerk
None
PURCHASE AND SALE AGREEMENT- 7
STATE OF WASHINGTON )
COUNTY OF KING )
THIS IS TO CERTIFY that 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 A. Craig Romney, to me known to be the
of 4A Development Corporation, the corporation that executed the within and foregoing
instrument and acknowledged the said instrument
onedfree
and on oath st
ated ted thaact ts /he was
deed of
said corporation for the uses and purposes therein menti
authorized to execute said instrument, and that the seal affixed, if any, is the corporate seal of
said corporation.
WITNESS my hand and official seal the day and year in this certificate first above
written.
Signature:
Notary Public in and for the state of Washington.
Notary(print):
Residing in:
My appointment expires: v,d
PURCHASE AND SALE AGREEMENT - 8
•
STATE OF WASHINGTON )
COUNTY OF KING )
THIS IS TO CERTIFY that 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 Mayor Denis Law to me known to be the Mayor of the City of
Renton, the municipal corporation that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said municipal
corporation for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument, and that the seal affixed, if any, is the corporate seal of
said municipal corporation.
WITNESS my hand and official seal the day and year in this certificate first above
written.
Signature:
Notary Public in and for the state of Washington.
Notary(print):
Residing in:
My appointment expires:
"®r
PURCHASE AND SALE AGREEMENT- 9
Order No. 607703
A.L_T.A. COMMITMENT
SCHEDULE A
Page 2
The land referred to in this commitment is situated in the State of
Washington, and described as follows:
Beginning at the northeast corner of the northeast quarter of the
northeast quarter in Section 31, Township 23 North, Range 5 East,
W.M., in King County, Washington;
Thence west on the north line to the center of County Road;
Thence south 7°50'45" west on said line 165 feet;
Thence south 89'03'13" east 565 feet;
Thence south 22°31'55" east 1B0.92 feet;
Thence south 89°03'13" east 314.7 feet;
Thence north 329.75 feet to the point of beginning;
EXCEPT County Road;
AND EXCEPT any portion platted in Volume 72 of Plats, pages 39 and
40;
AND ALSO EXCEPT the west 329 feet thereof.
END OF SCHEDULE A
NOTE FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.04. Said abbreviated
legal description is not a substitute for a complete legal description
within the body of the document.
NE NE 31-23-05
ATTACHMENT "A"
CITY OF RENTON, WASHINGTON
Nome
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL
COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE
CITY OF RENTON BY INCLUDING A $170,000 ALLOCATION FOR
THE ACQUISITION OF OPEN SPACE ALONG PANTHER CREEK.
WHEREAS, the City of Renton entered into an Interlocal Cooperation Agreement with
King County on June 5, 1990, which provides for the acquisition of monies through the
Conservation Futures Levy Fund for the purpose of acquiring open space; and
WHEREAS, the City of Renton applied for Conservation Futures funding assistance to
acquire certain open space parcels along Panther Creek; and
WHEREAS, King County has approved the City's request and authorized the
expenditure of up to $170,000 in matching funds to acquire parcels alongPanther nther Creek in the
southern part of the City of Renton; and
WHEREAS, the acquisition of the remaining open space lands along Panther Creek in
the southern part of the City is consistent with the City's Comprehensive Park, Recreation and
Open Space Plan, and further, that the City Council of the City of Renton considers it in the best
public interest to acquire these remaining lands; and
WHEREAS, Article VI, Section 6.1 of the Interlocal Cooperation Agreement requires
that the City take appropriate legislative action to commit funds for the purpose of matching the
amounts allocated by King County; and
WHEREAS, it is necessary to amend the existing interlocal agreement between the City
of Renton and King County to include that additional $170,000 allocation;
iftry
1
RESOLUTION NO.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, -,4010
WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION IL The Mayor and City Clerk are hereby authorized to amend the
existing City of Renton-King County Interlocal Agreement to include the allocation of an
additional $170,000 for the acquisition of property along Panther Creek.
SECTION III. Any fund assistance so received shall be used to acquire open
space land along Panther Creek in the southern part of the City of Renton.
SECTION IV. The City's share of the project will be derived from the City's
Municipal Facilities Capital Improvement Fund and/or the City's Community Development
Impact Mitigation Fund.
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.13 66:8/15/08:scr
2
.
AMENDMENT TO THE CONSERVATION FUTURES
"`No INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF RENTON
FOR OPEN SPACE ACQUISITION PROJECTS
Preamble
The King County Council, through Ordinance 9128, has established a Conservation Futures
Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban
cities. This amendment is entered into to provide for the allocation of additional funds made
available for open space acquisition.
THIS AMENDMENT is entered into between the CITY OF RENTON and KING COUNTY,
and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement
entered into between the parties on the 5th day of June, 1990, as previously amended.
The parties agree to the following amendments:
Amendment 1: Article 1. Recitals
A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy
Fund allocation for the Craig Property acquisition, and hereafter reads:
Noisy
• On November 21, 2005 the King County Council passed Ordinance 15333, which
appropriated a total of One Hundred Seventy Thousand Dollars ($170,000) in
Conservation Futures Levy proceeds to the City of RENTON for the Craig Property
acquisition Project. On April 17, 2006 The King County Council passed Ordinance
15423, authorizing the King County Executive to enter into interlocal agreements with
the City of Seattle and the suburban cities for the disbursement of Conservation Futures
Funds in Ordinance 15333.
Amendment 2: Article V. Conditions of Agreement
Section 5.1 is appended to include Attachment H, which lists a 2006 Conservation
Futures Levy Allocation for the Craig Property Acquisition project.
Amendment 3: Article VII. Responsibilities of County
The first two sentences of this article are appended to include Attachment H, which lists a 2006
Conservation Futures Levy proceeds allocation for the Craig Property acquisition Project:
Amendment H
Annual CFT Interlocal Renton-King County
2006 CFT proceeds
-1-
Subject to the terms of this agreement, the County will provide Conservation
Futures Levy Funds in the amountsshown in
ttH Attachments
he City may through qu st be used
NINO
for the Projects listed in Attachments A through
additional funds; however, the County has no obligation to provide funds to the
City for the Projects in excess of the total amounts shown in Attachments A
through H. The County assumes no obligation for the future support of the
Projects described herein except as expressly set forth in this agreement.
In all other respects, the terms, conditions, duties and obligations of both parties shall remain the
same as agreed to in the Interlocal Cooperation Agreement as previously amended.
This document shall be attached to the existing Interlocal Cooperation Agreement.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their
names in the spaces set forth below:
KING COUNTY CITY OF RENTON
Ron Sims Denis Law
King County Executive Mayor
Date:
Date
Acting under the authority of Acting under the authority of
Ordinance 15333 Ordinance:
Approved as to form: Approved as to form:
Dan Satterberg City Attorney
King County Prosecuting Attorney
Amendment H
Annual CFT Interlocal Renton-King County
2006 CFr proceeds
-2-
ATTACHMENT H
2006 CONSERVATION FUTURES LEVY
CITY OF RENTON
ALLOCATION
Jurisdiction Project
Allocation
RENTON Craig Property
$170,000
TOTAL
$170,000
Project Description:
Craig Property: This project consists of the acquisition of a 3.6-acre woodland property located
north of 179th Street and lying adjacent to the City of Renton's 18-acre Edlund Farm property.
The property contains a forested hillside and an un-named tributary to Panther Creek. The City
plans to develop a soft-surface trail on the property that will link with Edlund Farm and the
4411.1.0,
Panther Creek Wetlands.
City of RENTON—Craig Property $170,000
Now
Amendment H
Annual CFT Interlocal Renton-King County
2006 CFT proceeds
-1-
CITY OF RENTON COUNCIL AGENDA BILL
AI#. sC. ,,
Submitting Data: For Agenda of: 9/15/2008
Dept/Div/Board.. Hearing Examiner
Staff Contact Fred J. Kaufman, ext. 6515 Agenda Status
Subject: Consent X
'Public Hearing..
Lake Washington View Estates PreliminarydiPlat Oorrnaondence
cFile No. LUA-08-057, PP, SM Oesoluune
o
Retion
Exhibits: Old Business
Hearing Examiner's Report and Recommendation and New
BSessions
Zoning Map Information
Recommended Action:
Approvals:
Council Concur Legal Dept
Finance Dept
Other
Fiscal Impact:
Expenditure Required... N/A Transfer/Amendment
Amount Budgeted Revenue Generated
Nall Total Project Budget CityShareTotal Project
roject
SUMMARY OF ACTION:
The hearing was held on August 5, 2008. The Hearing Examiner's Report and Recommendation on the
Lake Washington View Estates Preliminary Plan was published on August 14, 2008. The appeal period
ended on August 28, 2008. No appeals were filed.
STAFF RECOMMENDATION:
Approve the Lake Washington View Estates Preliminary Plan as outlined in the Examiner's Report
and Recommendation.
kilsoli
Rentonnet/agnbill/ bh
August 14, 2008
OFFICE OF THE HEARING EXAMINER
CITY OF RENTON
Conclusion and Recommendation
APPLICANT: Greg Fawcett
The Rob-Clarissa Fawcett Partnership
PO Box 402
Fall City, WA 98024
OWNER: The Rob-Clarissa Fawcett Partnership
And Clarissa Fawcett
PO Box 402
Fall City, WA 98024
CONTACT: Jim Hanson
Hanson Consulting
17446 Mallard Cove Lane
Mt. Vernon, WA 98274
Lake Washington View Estates Preliminary Plat
File No.: LUA 08-057, PP, SM
LOCATION: 4200 Block of Lake Washington Blvd N
Noire SUMMARY OF REQUEST:Q Requesting Preliminary Plat approval and Shoreline Substantial
Development Permit for subdivision of a 5.53 acre parcel into
13 lots and one open space tract for the future construction of
single-family residences.
SUMMARY OF ACTION: Development Services Recommendation: Approve subject to
conditions.
DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the
Examiner on July 29, 2008.
PUBLIC HEARING: After reviewing the Development Services Report,examining
available information on file with the application, field
checking the property and surrounding area; the Examiner
conducted a public hearing on the subject as follows:
MINUTES
The following minutes are a summary of the August 5, 2008 hearing.
The legal record is recorded on CD.
The hearing opened on Tuesday, August 5, 2008, at 9:02 a.m. in the Council Chambers on the seventh floor of
the Renton City Hall. Parties wishing to testify were affuined by the Examiner.
Lake Washington View Estates Preliminary Plat
File No.: LUA-08-057, PP, SM
August 14, 2008
Page 2Nal
The following exhibits were entered into the record:
Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map
application,proof of posting,proof of publication and
other documentation pertinent to this request.
Exhibit No.3: Overall Preliminary Plat Plan Exhibit No.4: Preliminary Plat Plan Lots 1-12
Exhibit No.5: Preliminary Plat Plan Lot 13 Exhibit No. 6: Landscape Plan
Exhibit No. 7: Preliminary Drainage Plan Exhibit No. 8: Zoning Map
Exhibit No.9: ERC Mitigation Measures Exhibit No. 10: ERC Advisory Note
Exhibit No. 11: Full size map of 100 year flood plain
along the Cedar River
The hearing opened with a presentation of the staff report by Gerald Wasser, Associate Planner, Community and
Economic Development Department, City of Renton, 1055 S Grady Way, Renton,Washington 98055. The
property is located east of Lake Washington Blvd,north of N 40t Street and south of N 44"'Street in the R-8
zone.
The proposed lots would range in size from 5,159 square feet to 15, 174 square feet,resulting in a net density of
3.95 du/ac. A wetland report, stream study and geotechnical report were submitted with the project application. ''.`
The wetland report identified 3 wetlands, 2 Category 3 wetlands and one Category 2 wetland. May Creek is
located on the northern boundary of the site and is a Class 1 stream. There is an unnamed Class 4 stream that
connects the two wetlands on Tract A. The geotechnical report identified two protected slope areas on the
eastern portion of the site. All critical areas on site would be located within Tract A.
Environmental Review Committee issued a Determination of Non-Significance—Mitigated with 10 mitigation
measures. No appeals were filed. This Determination was issued for a previous project of the same name with
project number LUA 07-039. The new project today is with a change of Applicant and a redesign of the project.
The proposed plat is consistent with the Residential Single Family Land Use and Community Design Elements
of the Comprehensive Plan. The proposed plan further would allow for the future construction of up to 13 new
single-family residential units.
After the deduction of public rights-of-way,private access easements and critical areas from the gross acreage,
the 13-lot subdivision would result in a net density of 3.95 dwelling units per acre.
As proposed all lots appear to be in compliance with the required lot width, depth and size standards for the R-8
zone. All setback standards and building standards will be verified prior to the issuance of individual building
permits. A conceptual landscape plan was submitted and appears to comply with the City's landscaping
regulations.
Each lot would have access to a public right-of-way, Lots 1-12 would access directly off Road A and Lot 13
would access off N 40`h Street. All lots appear to comply with arrangement and access requirements of the
Subdivision Regulations. The proposed lots further appear to have sufficient building area for the development "v
ird
of detached single-family homes.
Lake Washington View Estates Preliminary Plat
File No.: LUA-08-057,PP, SM
August 14, 2008
Page 3
A revised preliminary plat map along with the Utility Construction Permit Application was requested showing a
35-foot curb return radius along Lake Washington Blvd N. Access to Lots 1-12 would be provided via a new
internal 42-foot wide public street(Road A). Lot 13 access would be provided via a pipestem off N 40th Street.
Full street improvements, including paving, sidewalks, curb and gutter, storm drains, landscaping, street lighting
and signage would be required along the frontages of Lake Washington Blvd N and the new internal street
(Road A).
Traffic, Fire and Park Mitigation Fees were imposed by the Environmental Review Committee.
The site slopes down to the north at an average grade of 13 percent. A slope with a grade in excess of 40
percent is located on the east portion of the project site and meets the City's criteria for classification as a
Protected Slope. No development is proposed on the Protected Slope area.
In order to further protect May Creek the City's ERC imposed a wider buffer of 50 feet on May Creek rather
than the 25-foot buffer mandated by the City's current shoreline regulations. The project will be subject to the
2005 Depai tuient of Ecology Manual regarding erosion control.
To ensure that none of the trees proposed to be retained are damaged during construction, it was recommended
that those trees would be shown on each of the plans submitted as part of the Utility Construction Permit
Application. To protect the protected slopes, wetlands, streams, and associated buffer areas from impacts related
to the construction of new single-family residences,it was recommended that the plat map be revised to include
the protected slopes, wetlands, streams, and their associated buffer areas within a Native Growth Protection
%ow Easement prior to or concurrent with the recording of the final plat. In addition, the applicant proposes 30 new
street trees as part of the project landscape plan as well as additional trees in the Wetlands Buffer Enhancement
Plan.
The Renton School District has stated that they can accommodate the approximate 6 additional students
generated by this proposal.
A Technical Information Report was previously submitted, a Level One Analysis was submitted with the current
application. The existing drainage currently discharges to May Creek. The proposed drainage control would be
by two detention vaults. The project site contains a portion of the May Creek 100-year flood plain, it was
recommended that drainage and surface water design modeling be conducted. Further discussion was had
regarding the flood plain and the effects it could have on a development of this type and size.
The site is within the City of Renton water and sewer service area. There is an existing 12-inch water main
within Lake Washington Blvd and Meadow Ave NE. Water main improvements for this development would
entail improvements to provide the minimum fire flow and would include a water main extension along the
frontage of the project on Lake Washington Blvd to the north property line, a water main extension of an 8-inch
minimum within the new street, and fire hydrants, domestic and landscape water meters would be required.
There is an 8-inch sewer main adjacent and available to serve the site. There is also a King County Metro line
in Lake Washington Blvd. This development would be required to extend the sanitary sewer along the frontage
of the site, however the plat can also be served by a connection to the Metro Sewer line.
Subsequent to transmittal of the Preliminary Report, the Director of Parks has requested in addition to the Parks
'New Mitigation Fees, they would like an easement for trail purposes on the north side of May Creek for continuous
trail connection from Lake Washington to Cougar Mountain.
Lake Washington View Estates Preliminary Plat
File No.: LUA-08-057,PP, SM
August 14, 2008
Page 4 *440
Jim Hanson,Hanson Consulting, 17446 Mallard Cove Lane,Mt.Vernon,WA 98274 stated that they agree with
the staff report with the exception of the 100 year flood study. FEMA regulates flood elevations and it is a
requirement that the adopted 100-year flood map be adopted and followed. FEMA is in the process of redoing
some of the their maps in this locality,however,May Creek is not one of the streams that they are actively
looking at changing at this time. It is very clear on the FEMA map where the 100-year flood plain is located
and it is shown on their plat map.
The Examiner questioned Mr.Wasser as to what the impetus was with regard to imposing this condition.
Kayren Kittrick,Development Services stated that it appeared that it was inadvertently from the previous
comments as opposed to what was specifically commented on for this project. The only point where there might
be a constriction would be at the point where May Creek crosses Lake Washington Blvd and everything has
been improved in this area. This appears to be an old comment, it does not show up in her plan review's
comments.
Darrell Offe, Offe Engineers, 13932 SE 159th Place,Renton,WA 98058 stated that he is familiar with the
questions being asked. The Level One analysis provided to the City(May 30, 2008) Section 4 does state sizing
for the detention vaults and on the Drainage Control Plan there is sizing also shown for the two vaults.
The actual FEMA map,which includes cross sections marked on it(was included in his report to the City) under
Appendix 3b, shows the elevations and flood zones as it affects the property. At cross section E the elevation is
29 and upstream from that is a cross section with an elevation of 30, going further to the east side of the property
the elevation becomes 34. At the bridge there is a cross section elevation of approximately 26. Moving from
the westerly portion of the property to the east within May Creek, the elevation is changing in that flood plain.
The elevation of Lots 8-11 is currently 28 and the cross section of the flood plain in that area is 28/29.
The complaints that have been stated in the report are coming from a basin report that is approximately 20 years
old. Those constraints that are downstream at the Barbee Mill and at the mouth of the creek have gone away
with the activity that has occurred down there. The dredging has reduced the silt build up in the creek and the
restrictions that are in the basin plan no longer exist.
The Examiner inquired as to the cost of having this analysis done. It may not be an issue,but in 10 years or so it
just may flood and become an issue that should have been handled now and not left alone. If the analysis were
to be done,how long would it take to complete?
Mr. Hanson stated that the previous applicant did get one proposal to do this study and it was a little over
$25,000.00. The only other issue he had was the trail. The north side of May Creek is not part of this parcel,
and not part of the application.
Mr. Offe stated he was not certain of the time, it is not an easy task,but he can't imagine that it would be too
long to do. However,the City is required to go by the FEMA adopted map. The applicant in building houses
must go by the FEMA adopted map. If they were to do a study and find that the flood elevation is lower,FEMA
would not accept it.
Kayren Kittrick stated that she was not aware of the trail issue,there was nothing in her report about it. The
2005 preliminary report was fine. There were some calculations for the vaults,the question always arises if
anything would change in the final design. An updated TIR is always required as part of the Utility permit.
Mr. Hanson stated that they have had conversations with Dave Christianson,the City's Sewer Utility and Metro.
Metro at the time of those discussions had no objection to using their facility,but the actual application or
Lake Washington View Estates Preliminary Plat
File No.: LUA-08-057, PP, SM
August 14, 2008
Page 5
'err
request had to come from the City of Renton, at the time of the construction permit, the City of Renton would be
the one to make the application to Metro.
The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and
no further comments from staff. The hearing closed at 10:06 a.m.
FINDINGS, CONCLUSIONS &RECOMMENDATION
Having reviewed the record in this matter, the Examiner now makes and enters the following:
FINDINGS:
1. The applicant, Greg Fawcett, The Rob-Clarissa Fawcett Partnership,represented by Jim Hanson, filed a
request for a Preliminary Plat.
2. The yellow file containing the staff report, the State Environmental Policy Act(SEPA)documentation
and other pertinent materials was entered into the record as Exhibit#1.
3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of
Non-Significance -Mitigated(DNS-M).
4. The subject proposal was reviewed by all departments with an interest in the matter.
'taw 5. The subject site is located in the 4200 block of Lake Washington Boulevard North. The subject site is
located on the east side of the boulevard north of N 40th Street. May Creek generally forms the
northern boundary of the subject site.
6. The map element of the Comprehensive Plan designates the area in which the subject site is located as
suitable for the development of detached single-family homes, but does not mandate such development
without consideration of other policies of the Plan.
7. The subject site is currently zoned R-8 (Single Family- 8 dwelling units/acre). The R-8 zone requires
density to be in the range of 4 to 6 dwelling units per acre.
8. The subject site was annexed to the City with the adoption of Ordinance 2341 enacted in July 1967.
9. The subject site is approximately 5.5 acres or 241,053 square feet. The subject site is a very irregularly
shaped parcel approximately 220 feet wide by 900 feet long.
10. The subject site contains a variety of critical areas including steep,protected slopes, one Category 2
wetland, two Category 3 wetlands, a Class 4 creek and the south shoreline of May Creek as well as the
creek. May Creek is a "shoreline of the state" and brings the proposed plat under the Shorelines
Management Act. The proposal requires a Substantial Development Permit.
11. Wetland 1, a 6,093 square foot wetland, is a Category 3. Wetland 2,a 3,831 square foot wetland, is also
a Category 3. Wetland 3 is a Category 2 wetland and is 23,756 square feet. Wetlands 2 and 3 are
connected by the Class 4 creek. Two protected slopes were identified on the eastern portion of the site.
The applicant has proposed creating a separate tract,Tract A, to contain all of the critical areas
including their required buffers. In addition,the ERC required setbacks from the top of the critical
slopes unless geotechnically appropriate and an increase in the protective May Creek buffer to 50 feet.
Lake Washington View Estates Preliminary Plat
File No.: LUA-08-057,PP, SM
August 14,2008
Page 6
12. A tree survey indicates that seven(7) trees would need to be retained or replaced under City regulations.
13. The applicant proposes dividing the subject site into 13 lots along with the tract containing the various
critical areas. Twelve of the lots,Proposed Lots 1 to 12,would be on the western portion of the subject
site with access from Lake Washington Boulevard. Proposed Lot 13 would be located on the far or east
side of the critical areas tract and it would be accessed via an existing pipestem to Meadow Avenue
North at its intersection with North 40th Street.
14. The main portion of the plat,Proposed Lots 1 to 12, generally would be aligned north and south of a
new west to east roadway off of Lake Washington Boulevard. Proposed Lots 1 to 6 would be aligned
on the south side of the road while Proposed Lots 8 to 12 would be aligned on the north side of the
roadway. Proposed Lot 7 would be located at the end of the road. A modified hammerhead or cul-de-
sac would accommodate turning maneuvers in a half bulb in the vicinity of Proposed Lots 8,9 and 10.
The roadway would be a deadend since the critical areas east of Proposed Lot 7 would prevent any
extension of the roadway further to the east.
15. As noted Proposed Lot 13 would be separated from the rest of the plat by the critical areas. The lot's
proposed pipestem access will exceed City standards because it exceeds 150 feet in length but staff
noted that this excessive length is an existing condition and access is already permitted via this
pipestem.
16. Staff noted that the proposed curb radius of the new street with Lake Washington Boulevard is proposed
s
at 25 feet and code requires 35 feet. The vertical hat the constraints roadway
on the shapelof the pardCelt50 feet Nwed
and the
and code requires it to be 100 feet. Staff noted
limitations imposed by the critical areas makes alley access infeasible.
17. The density for the plat would be 3.95 dwelling units per acre after subtracting sensitive areas(wetlands
and protected slopes: 83,838 square feet) and roadways(13,543 square feet). The proposed subdivision
results in a plat that does not meet the minimum density required in the R-8 Zone. Code permits a
density below standards when a property is constrained by critical areas(RMC 4-4-110D.1.b). The fact
that the entire center of the subject site is encumbered by streams,wetlands and protected slopes
justifies approving a plat with less than the normally required density.
ct. The
roject is expected to
rate
18. The subapproximately
5 olocated schoollthin the Renton age children. These School
tudents would be spread across the gradesandwould
approximat y
be assigned on a space available basis.
19. The development will increase traffic approximately 10 trips per unit or approximately 130 trips for the
13 single-family homes. Approximately ten percent of the trips, or approximately 13 additional peak
hour trips will be generated in the morning and evening.
20. Stormwater now drains to May Creek. That flow will be maintained but controlled by two detention
vaults. Staff noted that size calculations were not provided but indicated that there is sufficient room to
provide appropriately sized vaults.
21. Water lines are available in both Lake Washington Boulevard west of the site and Meadow Avenue :,,,d
North, east of the subject site. The Lake Washington line would have to be extended along the property
line to the north. The City might want the line oversized and would share the costs of a line larger than
Lake Washington View Estates Preliminary Plat
File No.: LUA-08-057, PP, SM
August 14, 2008
Page 7
required.
22. An 8-inch sewer main is adjacent to the subject site. There is also a major King County Metro line in
Lake Washington Blvd. The King County line may be used but the applicant would need special
permission to use that line.
23. As noted,May Creek runs along the north boundary of the subject site. The creek's 100-year floodplain
is located along or near that boundary. Staff noted the following:
"Due to staff concerns regarding the impacts flooding could have on the proposed
development, staff recommends as a condition of approval that drainage and surface
water design modeling be conducted. The modeling shall include a determination
of the future conditions to determine the maximum 100-year flood surface water
elevation. Hydrologic modeling using the Hydrologic Engineering Centers River
Analysis System(HEC-RAS)software will be required as part of the Utility
Construction Permit submittal. The future condition flow should utilize the May
Creek Basin Plan 100-year model flow of 1059 CFS."
At the hearing staff suggested the condition had been attached to the prior proposal for this site and it
might not be appropriate at this time. No representative from Surface Water was available to make
further comment.
CONCLUSION:
Noisy
1. The proposed plat appears to serve the public use and interest. A major factor in this plat is the
extensive area in the center of the property dominated by critical areas including protected slopes, three
wetlands and two creeks. The acreage constrained by these critical areas also reduces the overall
acreage that may be divided to create lots suitable for R-8, single-family homes.
2. The fact that the entire center of the subject site is encumbered by streams, wetlands and protected
slopes justifies approving a plat with less than the normally required density(RMC 4-4-110D.1.b).
While the Zoning Code provides a minimum density of four homes per acre in the R-8 District, when
critical areas reduce the overall developable area, density may be reduced. In this case the site can
provide a reasonable development pattern when achieving a density of 3.95 dwelling units per acre.
3. The applicant will be segregating out those critical areas and they will be placed in a Native Growth
Protection Easement to assure that they are undisturbed. This area will contain not only the critical
areas themselves but also the buffers that protect those features.
4. The property lies along May Creek and proposed Lots 7 to 12 are located along the south shore of the
creek. While there appears to be some question about the appropriateness of the condition requiring a
delineation of the 100-year flood zone quoted in Finding 23 above, it appears that a review of this
property when development was first proposed found that there might be some ambiguity about where
the 100-year flood plain intersects the proposed lots of the south side of the Creek as well as actual or
current conditions for this site. A condition to study the 100-year flood level to assure lives and
property would not be jeopardized if flooding events were to occur on this property is reasonable. The
City is bound by minimum FEMA flood standards. But it may impose greater safeguards usingt itNionappropriate discretion to ascertain current conditions at the location of a proposed development within
its jurisdiction. Flood conditions can change due to erosion, sedimentation, deposition of woody debris
and other seasonal or longer-term events. At this point in the review, it appears that the condition is
Lake Washington View Estates Preliminary Plat
File No.: LUA-08-057,PP, SM
August 14, 2008
Page 8
reasonable and should be required. All development that occurs on the site shall abide by appropriate
safety standards depending on flood plain analysis.
5. The plat appears to provide an offset to the impacts its development will create. The ERC imposed fees
to help pay for additional transportation improvements,emergency services and recreational needs.
6. The development of the plat will also increase the tax base of the City, which should offset additional
impacts of providing a range of urban services to the new residents.
7. The impacts of developing this parcel on traffic and the neighborhood character were considered when
the zoning and comprehensive plan policies were adopted for this area. Clearly,the site has its sensitive
elements and development will affect the character of the May Creek corridor.
8. As noted, the applicant will have to comply with the various technical standards for roads, stormwater
detention and sewer and water lines. The applicant will also have to comply with the City's landscaping
and tree retention regulations.
9. In conclusion, it appears that with the conditions proposed below,this plat containing very sensitive
critical areas and flood plain encumbered property, can be reasonably developed.
RECOMMENDATION:
The City Council should approve the proposed 13-lot plat subject to the following conditions:
41101
1. The applicant shall comply with all requirements of the Determination of Non-Significance—Mitigated
that was issued by the Environmental Review Committee on October 22, 2007 for Project File No.
LUA-07-039,PP,ECF, SM.
2. A revised preliminary plat map shall be submitted with the Utility Construction Permit Application
showing a 35-foot curb return radius with Lake Washington Blvd N.
3. A native Growth Protection Easement(NGPE) shall be recorded over the protected slopes,wetlands,
streams, and their associated buffer areas prior to or concurrent with the recording of the final plat map.
4. The edge of the NGPE shall be delineated with a split rail fence and identified with signage as approved
by the Development Services Division Project Manager. A fencing and signage detail shall be
submitted to the Development Services Division Project Manager at the time of Utility Construction
Permit Application for review and approval. The fencing and signage shall be installed prior to the
recording of the final plat.
5. The trees proposed to be retained throughout the project shall be shown on each of the plan sheets
submitted as a part of the Utility Construction Permit Application and protection measures for the trees
to ensure survival during construction of the project shall be submitted for review and approval by the
Development Services Division Project Manager prior to the issuance of a Utility Construction Permit.
6. Sizing calculations for the detention and water quality facilities(detention vaults) in accordance with the
2005 Surface Water Design Manual shall be provided at the tine of Utility Construction Permit
application.
7. Drainage and surface water design modeling shall include a determination of the future conditions to
Lake Washington View Estates Preliminary Plat
File No.: LUA-08-057,PP, SM
August 14, 2008
Page 9
determine the maximum 100-year flood surface water elevation. Hydrologic modeling using the
Hydrologic Engineering Centers River Analysis System(HEC-RAS) software will be required as part of
the Utility Construction Permit submittal. The future condition flow should utilize the May Creek Basin
Plan 100-year model flow of 1059 CFS.
8. All development that occurs on the site shall abide by appropriate safety standards depending on flood
plain analysis.
ORDERED THIS 14th day of August 2008.
f
FRED J. KAUaIAN
HEARING EXAMINER
TRANSMITTED THIS 14th day of August 2008 to the parties of record:
Gerald Wasser Jim Hanson Greg Fawcett
Development Services Hanson Consulting The Rob-Clarissa Partnership
Renton, WA 98057 17446 Mallard Cove Lane PO Box 402
Mt. Vernon, WA 98274 Fall City, WA 98024
**me Clarissa Fawcett
The Rob-Clarissa Partnership Lynda Priddy Ron Straka
PO Box 402 EPA Utility Engineering Supervisor
Fall City, WA 98024 1200 6th Avenue, Ste 900 City of Renton
Seattle, WA 98101
TRANSMITTED THIS 14th day of August 2008 to the following:
Mayor Denis Law Dave Pargas, Fire
Jay Covington, Chief Administrative Officer Larry Meckling, Building Official
Julia Medzegian, Council Liaison Planning Commission
Gregg Zimmerman, PBPW Administrator Transportation Division
Alex Pietsch,Economic Development Utilities Division
Jennifer Henning, Development Services Neil Watts,Development Services
Stacy Tucker,Development Services Janet Conklin, Development Services
Marty Wine, Assistant CAO Renton Reporter
Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in
writing on or before 5:00 p.m.,August 28, 2008. Any aggrieved person feeling that the decision of the
Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the
discovery of new evidence which could not be reasonably available at the prior hearing may make a written
request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This
request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may,
after review of the record, take further action as he deems proper.
Now
An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal
be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements.
mik
Lake Washington View Estates Preliminary Plat
File No.: LUA-08-057,PP, SM
August 14,2008
Page 10
Copies of this ordinance are available for inspection or purchase in the Finance Department,first floor of City
Hall. An appeal must be filed in writing on or before 5:00 p.m.,August 28, 2008.
If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the
executed Covenants will be required prior to approval by City Council or final processing of the file. You
may contact this office for information on formatting covenants.
The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one) communications may occur
concerning pending land use decisions. This means that parties to a land use decision may not communicate in
private with any decision-maker concerning the proposal. Decision-makers in the land use process include both
the Hearing Examiner and members of the City Council.
All communications concerning the proposal must be made in public. This public communication permits all
interested parties to know the contents of the communication and would allow them to openly rebut the
evidence. Any violation of this doctrine would result in the invalidation of the request by the Court.
The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as
Appeals to the City Council.
Project Location: 4200 Block of Lake Washington Blvd N (parcel 322405 9081)
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CITY OF RENTON COUNCIL AGENDA BILL
AI#:
Submitting Data: Public Works Department For Agenda of:
Dept/Div/Board.. Administration September 15, 2008
Staff Contact Gregg Zimmerman(x-7311) Agenda Status
Consent X
Subject: Public Hearing..
Cost Contribution Toward City Capital Improvement Correspondence..
Projects of Properties in which Frontage Improvements Ordinance X
have been Deferred by Restrictive Covenant Resolution
Old Business
Exhibits: New Business
Issue Paper Study Sessions
Ordinance Information
Recommended Action: Approvals:
Refer to Transportation/Aviation Committee Legal Dept X
Finance Dept X
Other
Fiscal Impact:
Expenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget City Share Total Project
SUMMARY OF ACTION:
The City used to allow deferral of frontage improvements for short plats upon condition that a
restrictive covenant be recorded against the lots requiring the owners to participate in and pay
their fair share of any future Local Improvement District (LID) or City-initiated project to install
frontage improvements including curbs, gutters, sidewalks, and other improvements. City code
has since been revised to condition such deferrals upon a payment of fee-in-lieu of street
improvements. This proposal would establish that properties required by restrictive covenant to
contribute to the costs of street frontage improvements that are part of a City capital improvement
project would be assessed an amount consistent with the payment of fee-in-lieu of street
improvements as established by RMC 4-9-060C.9.d. Cost participation by the property owners
would be triggered by the City initiating such a capital improvement project. Property owners
shall also have an option of paying over a 10 year period, with 6 percent per annum interest
applied.
STAFF RECOMMENDATION:
Adopt an ordinance establishing the cost contribution toward City capital improvement projects
of properties in which frontage improvements have been deferred by restrictive covenant.
Rentonnet/agnbill/ bh
CCet1 PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: September 5, 2008
TO: Marcie Palmer, Council President
Members of the Renton City Council
VIA: x' Denis Law, Mayor '
FROM: �L� Gregg Zimmermal�1 tic Works Department Administrator
STAFF CONTACT: Gregg Zimmerman (x-7311)
SUBJECT: Cost Contribution Toward City Capital Improvement
Projects of Properties in which Frontage Improvements
have been Deferred by Restrictive Covenant
ISSUE:
Should the City Council adopt an ordinance that establishes that the cost contribution
toward City capital improvement projects of properties in which frontage improvements
have been deferred by restrictive covenant is in an amount consistent with the payment of
fee-in-lieu of street improvements as established by RMC 4-9-060C.9.d? Owners of such
properties shall also have an option of paying over a 10 year period, with interest applied.
RECOMMENDATION:
Adopt an ordinance establishing that the cost contribution toward City capital
improvement projects of properties in which frontage improvements have been deferred
by restrictive covenant is in an amount consistent with the payment of fee-in-lieu of street
improvements as established by RMC 4-9-060C.9.d. Owners of such properties shall
also have an option of paying over a 10 year period, with 6 percent per annum interest
applied.
BACKGROUND:
Title IV of the City Code Development Regulations, requires that subdivision of
property through short plat approval requires that street frontage improvements be made,
including curbs, gutters, sidewalks, pavement width, and other improvements. City Code
includes provisions for the deferral of such improvements in cases in which there are no
similar improvements in the vicinity, installation of the improvements would require
substantial off-site roadway modifications, such improvements would result in safety
hazard, or other unusual circumstances that would preclude the construction of the
improvements as required. City Code used to allow for deferral of such improvements by
h Adivi si on.s\admin\gregg\deferral issuepapen doc
Renton City Council
September 5,2008
Page 2 of 3
restrictive covenant, with the condition that the property owner,their heirs or assigns,
*4104
would be required to participate in and pay their fair share of, any future local
improvement district(LID)or City initiated capital improvement project that would
construct the deferred frontage improvements. Ordinance 5170, adopted
December 5, 2005, deleted the method of deferral of frontage improvements by
restrictive covenant, and replaced it with deferral by payment of a fee-in-lieu of street
improvements. By this method, frontage improvements required for a short plat could
still be deferred if the criteria are met,but a fee in the amount of the estimated cost of
such improvements must be paid up front by the developer. Revenues from such fees are
placed in a reserve account used to pay for pedestrian improvements in the City.
This revised methodology places the costs associated with such deferrals on the
developer rather than passing them along to future property owners.
However,there are a number of short plats throughout the City in which restrictive
covenants have been recorded requiring the lot owners to participate financially in the
installation of street frontage improvement,whether these improvements are made by a
local improvement district or by the City of Renton in a capital improvement project.
The attached Figure 7 from the 2003 Comprehensive Sidewalk Study shows the location
of many of these deferred improvements. While recorded restrictive covenants and
property title reports provide this information to the owners, notice that frontage
improvements are going to be built and the owners will be required to pay their fair share
of the costs can be unexpected and financially burdensome. Typically such
improvements are more expensive when built by the City than they would be for the
subdivision developer. This is because the City builds larger projects in which long
stretches of frontage improvements are designed and built,requiring grade adjustments,
driveway replacements, and drainage improvements. Therefore costs of participating in a
City capital improvement project will be far higher than the estimated costs of simply
installing curb, gutter and sidewalk across the property frontage.
The amount of payment of fee-in-lieu of deferrals is based upon average costs of street
frontage improvements. In order to provide a means of equitable cost contribution, in
which property owners who must contribute funds for a City project because of
restrictive covenant will be required to pay an amount consistent with the amount that
short plat developers are required to pay in fee-in-lieu of street improvement assessments,
staff recommends that these costs be calculated consistent with the provisions of RMC 4-
9-060C.9.d. Further, in order to assist such property owners to make such payments, it is
recommended that they be given the option to spread the payment over a 10 year period,
with interest applied. This is similar to the option provided to residents paying for local
improvement district(LID) assessments and special assessment district(SAD)
assessments. Cost participation would be triggered by the City initiating a capital
improvement project. The interest rate would be 6 percent per annum.
H ADivi si on.s\ADMIN\GREGG\deferralissuepapen doc
Renton City Council
September 5,2008
Page 3 of 3
The proposed ordinance would add provision 4-9-060C.9.g, Cost Contribution toward
City Projects of Properties in which Frontage Improvements have been deferred by
Restrictive Covenant, to the Renton Municipal Code.
cc: Alex Pietsch,Community&Economic Development Administrator
Peter Hahn,Deputy PW Administrator—Transportation
Neil Watts,Development Services Director
Robert Hanson, Transportation Design Supervisor
H:\Divisi on.s\ADMIN\GRE GG\deferralissuepapen doc
4-9-060C
ii. Duration: If granted under a current by the Planning/Building/Public
short plat review process, the autho- Works Department on the cost of street
rization to pay a fee in lieu of street improvement construction.
improvements is binding on the City
for all development permits issued e. Use of Funds. In each instance
for that short plat approval under the where the City accepts payment of a fee
building code within five (5)years of in lieu of installing a street improvement
the granting of the request for pay- under the provisions of this Section, the
ment of a fee in lieu of street im- City shall deposit those funds into a re-
provements. serve account and expend the funds col-
lected within five (5) years of the date
c. Standards:The City will not accept collected to fund other pedestrian safety
the applicant's proposed payment of a improvements in the City.
fee in lieu of street improvements if the f. No Further Obligation from the
Planning/Building/Public Works Adminis-
trator or his/her designee determines that Property. In each instance where the
it is in the City's interest that the street im- City accepts payment of a fee in lieu of in-
provements be installed abutting the sub- stalling street improvements,the subject
ject property, taking into account such property will not be subject to participa-
factors as the pedestrian safety impacts tion in future street improvement costs
that result from the development. The (along the property frontage) unless re-
City may accept payment of a fee in lieu development occurs that will generate
instead of requiring installation of street more traffic trips than what was occurring
improvements in the following circum- at the property at the time of the payment
stances: of the fee in lieu of installation of street
improvements. (Ord. 5170, 12-5-2005)
i. There are no similar improve-
ments in the vicinity and there is no 10. (Repealed by Ord. 5170) (Ord. 4521,
likelihood that the improvements will 6-5-1995) sled
be needed or required in the next five
(5) years; or 11. Security Requirement Binding: The
requirement of the posting of any security
ii. Installation of the required im- therefor shall be binding on the applicant and
provement would require substantial the applicant's heirs, successors and as-
off-site roadway modifications; or signs. (Ord. 3988, 4-28-1986)
iii. The Planning/Building/Public 12. Record of Deferral: The Planning/
Works Administrator or his/her desig- Building/Public Works Administrator or his/
nee determines that installation of her designee shall note for the Department's
the required improvement would re- record the following information:the improve-
, :: . suit in a safety hazard; or ments deferred, amount of security or check
: : • . . deposited, time limit of security or check,
• • iv. Other unusual circumstances name of bonding company,and any other per-
:: : : : . : : . ..• preclude the construction of the im- tinent information. (Ord. 4521, 6-5-1995)
•. • : .. • • ;provements as required.
13. Transfer of Responsibility:Whenever
.:, • • ... .. d. Amount of Payment of Fee in Lieu security has been accepted by the Planning/
. • . • of Street Improvements. In each in- Building/Public Works Administrator or his/
stance where the City approves a pro- her designee,then no release of the owner or
posed fee-in-lieu under the provisions of developer upon that security shall be granted
this Section,the amount of the fee-in-lieu unless a new party will be obligated to per-
shall be one hundred percent (100%) of form the work as agreed in writing to be re-
the then-estimated cost of constructing sponsible under the security, and has
the street improvements that would oth- provided security. In the instance where se-
erwise be required under this Chapter, curity would be provided by a condominium
based on information compiled and kept owners' association or property owners' as-
9 - 11 (Re%ised 5/08)
City of Renton - Comprehensive Citywide Walkway Study
May 8, 2003
*4040,
VI. CITIZEN REFERRALS & BOARD OF PUBLIC WORKS DEFERRALS
Citizen Referrals
From time to time citizens make requests to the staff for walkway repairs or
improvements. Figure 7 shows the locations where citizen requests were made from early
2001 through 2002. The requests have been separated into ramps and sidewalk issues. A
three ring binder with the requests has been prepared for staff and citizen reference.
Board of Public Works Deferrals
The Board of Public Works hears requests from proponents of development permits
to waive or defer the construction of sidewalk on street right of way at the time of
construction. The Board denies some requests and grants a waiver for the construction or
a deferment for other requests, each on their own merits. Figure 7 shows the locations
where the Board has granted the deferment of sidewalk construction.
When a deferral is granted, a security instrument is required. One method is to
require the landowner to agree to participate in any future Local Improvement District (LID)
to provide the sidewalk, and the agreement runs with the land. The landowner relinquishes
his/her right to vote against an LID that would require the improvements. A restrictive
covenant is placed on the plat. A second method used for shorter term deferrals is a
lowly
security device (e.g., a bond) for 150% of the estimated cost cf construction be provided to
the city. The security device is released when the sidewalk is constructed. The location of
these deferrals is shown separately on Figure 7.
Renton School District Requests
The Renton School District has identified a list of locations where walkway
improvements are desired. The list is included as Appendix F.
Transportation Planning & Engineering, Inc. Page -17-
Legend
Ordinance ,
o Defered-LID /
nilimilln Defered-Deposit
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.
Citizen Referral Ramp
- Citizen Referral Sidewalk
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&ENGIN
Board of Public Works Deferrals Figure
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/rjfflComprehensive Citywide Walkway Study 7
LUr,LI,5- City of Renton Noiroi
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON,
WASHINGTON, ADDING A PROVISION TO RMC 4-9-060,
DEFERRAL OF IMPROVEMENT INSTALLATION
PROCEDURES, TO ESTABLISH AMOUNT OF COST
CONTRIBUTION TOWARD CITY CAPITAL PROJECTS
REQUIRED OF PROPERTIES IN WHICH FRONTAGE
IMPROVEMENTS HAVE BEEN DEFERRED BY
RESTRICTIVE COVENANT.
WHERAS, on December 5, 2005, by Ordinance 5170, the City of Renton
revised its policy on allowing deferral of frontage improvements for short plats meeting
established criteria, and
`«r.r► WHERAS, Ordinance 5170 eliminated deferral by restrictive covenant requiring
cost contribution for improvements from future property owners, replacing this with the
requirement that the sub divider pay an up-front fee in lieu of required street improvements,
and
WHEREAS, there remain many properties with restrictive covenants recorded
which require the owners to financially participate in City initiated capital improvement
projects that provide street frontage improvements, and
WHEREAS, the costs to property owners to financially participate in these
improvements can be significantly higher than the costs sustained by current sub dividers
who pay an up-front fee in lieu of required street improvements, and
WHEREAS, in order to make the costs of financially participating in City capital
improvement projects that provide street frontage improvements more affordable and
1.
°also'
consistent with the costs of the fee in lieu of required street improvements,
4401
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION 1. The following provision 4-9-060C.9.g is added to RMC 4-9-060C:
g. Cost Contribution toward City Capital Improvement Projects for Properties in
which Frontage Improvements have been deferred by Restrictive Covenant. Restrictive
covenants have been recorded against a number of lots in the City, requiring the property
owners to pay their fair share of street frontage improvements installed as part of a City
capital improvement project. When the City determines to initiate such a capital
improvement project, the owners of said properties shall pay the City an amount consistent
with RMC 4-9-060.C.9.d, Amount of Payment of Fee in lieu of Street Improvements. This
assessment may be paid in full within 30 days following notice from the City of such
assessment, or the payment may be paid over a ten (10) year period, with six percent (6%)
per annum interest on the unpaid balance. For payment over time, the owner shall receive a `
bill from the City for one-tenth (1/10`h ) of the unpaid balance plus interest. Payments over
time shall become a lien against the property. A notice of such lien specifying the charge,
the period covered by the charge, and giving the address and property identification (PID)
number shall be filed with the office of the King County Auditor. When the payment has
been received by the City in full, a certificate of payment will be recorded with King
County.
ORDINANCE NO.
PASSED BY THE CITY COUNCIL this day of , 2008,
2. ,
N"''' Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of 2008
Denis Law, Mayor
Approved to as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
n
3
CITY OF RENTON COUNCIL AGENDA BILL
Ala: 7#3,0
Submitting Data: Public Works For Agenda of:
Dept/Div/Board.. Transportation Systems September 15, 2008
Staff Contact Nathan Jones, x7217 Agenda Status
Consent X
Subject: Public Hearing..
2008-2009 King County Commute Trip Reduction Correspondence..
(CTR) Contract Ordinance
Resolution X
Old Business
Exhibits: New Business X
Issue Paper Study Sessions
Resolution Information
Agreement
Recommended Action: Approvals:
Legal Dept X
Council Concur Finance Dept
Other
Fiscal Impact: (Account Number 1121351100.0018.0002)
Expenditure Required $42,908 Transfer/Amendment
Revenue Generated.... $44,355.10
(State funding)
411.1.1 Total Project Budget $65,000 (2008 budget) City Share Total Project.
SUMMARY OF ACTION:
This agreement authorizes King County Department of Transportation staff to conduct work in
support of activities the City of Renton is required to do under the State of Washington
Commute Trip Reduction (CTR) Law. This is an ongoing program and the contract is renewed
annually.
STAFF RECOMMENDATION:
Approve the resolution authorizing the Mayor and City Clerk to enter into an agreement with King
County for implementation of the Citywide CTR Program in the amount of$42,908.
H:\Division.s\TRANSPOR.TAT\PLANNING\Nathan Jones\CTR\contracts\kingco\2008-2009\08-09_CTR KC AGENDA BILL.doc
•
PUBLIC WORKS DEPARTMENT
♦ es
MEMORANDUM
DATE: September 15, 2008
TO: Marcie Palmer, President
Members of the Renton City Council
VIA: ,6u, Denis Law, Mayor
FROM: �
Gregg ZimmermaiAministrator
STAFF CONTACT: Nathan Jones, Transportation Planning, Extension 7217
SUBJECT: 2008-2009 King County Commute Trip Reduction Contract
ISSUE:
Should the City continue a contract with King County for Commute Trip Reduction
(CTR)?
Nkrim
,, RECOMMENDATION:
Approve the resolution authorizing the Mayor and City Clerk to enter into an agreement
with King County for implementation of the Citywide CTR Program in the amount of
$42,908.
BACKGROUND:
Each year since the state CTR law was passed in 1991, the City has entered into an
agreement with the King County Department of Transportation to allow Metro Transit
Division staff to perform the state-mandated duties specified by the Washington State
CTR law on behalf of the City of Renton.
The City operates a program in accordance with the state and local CTR law to monitor
Renton employers with CTR-affected work sites for progress and compliance. This law
was enacted as part of the Washington State Clean Air Act to provide measures that
would improve air quality and also manage congestion by encouraging the use of
alternatives to single occupancy vehicle (SOV) commute travel through the use of
incentives to employees of businesses with 100 or more staff members arriving to work
between 6 and 9 a.m.
N
Marcie Palmer,President
Members of the Renton City Council
Page 2 of 2
September 15,2008
The City contracts each year with King County Department of Transportation Metro
Transit Division to provide staff to offer technical assistance to Renton businesses
affected by the CTR law. King County staff assists with the notification of new sites,
employee surveys,program review,records maintenance,and more. The amount of the
contract between the City and King County is based on the number of work sites being
monitored. Currently,there are 24 CTR-affected employer work sites in the City. King
County is requesting$42,908 to cover the expenses of the above-mentioned activities
from July 1, 2008,to June 30, 2009.
Funding provided by the State of Washington covers the expenses of the King County
contract and a portion of City staff administrative labor. The 2008 budget allocates
$65,000 to cover the expenses of the King of annual employer program reports,
County
staff
and time
for monitoring programs,performing reviews
attending regional trip reduction coordinating meetings, etc.
cc: Peter Halm,Deputy PW Administrator—Transportation
Jim Seitz,Transportation Planning and Programming Supervisor
Nate Jones,Transportation Planning
File
h:\divisions\transpor.tat\planning\nathan jones\ctr\contracts\ldngco\2008-2009\08-09 kc ctr contract issue paper.doc
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO
THE COMMUTE TRIP REDUCTION IMPLEMENTATION
AGREEMENT BETWEEN KING COUNTY, DEPARTMENT OF
TRANSPORTATION, METRO TRANSIT DIVISION AND THE CITY OF
RENTON FOR THE PURPOSE OF IMPLEMENTING THE
WASHINGTON STATE COMMUTE TRIP REDUCTION LAW OF 1991.
WHEREAS, the purpose of RCW 70.94.521, et seq., the "Commute Trip Reduction
(CTR) Law," is to reduce air pollution, traffic congestion and fuel consumption by encouraging
commuters to use alternative modes of transportation, such as buses, carpools, vanpools, bicycles
and walking, instead of single occupancy vehicles ("SOV"); and
WHEREAS, the CTR Law requires local governments in those counties experiencing the
greatest automobile-related air pollution and traffic congestion to develop and implement
Commute Trip Reduction ("CTR") plans to reduce vehicle miles traveled per employee and
drive alone commute trips; and
WHEREAS, the CTR Law also requires major employers to provide employees
transportation programs to encourage their employees to shift to alternative modes of
transportation; and
WHEREAS, the City has within its jurisdictional boundaries one or more "major
employers" and is required by RCW 70.94.527 to develop and implement a commute trip
reduction plan; and
WHEREAS, CTR plans developed by local jurisdictions are required to be coordinated
and consistent with the CTR plans of adjacent jurisdictions as well as applicable regional plans;
and
%a
1
s
RESOLUTION NO.
WHEREAS, the City and King County desire through this Agreement to implement the
CTR Law consistent with the rules established by the state Commute Trip Reduction Board; and
WHEREAS, the City can achieve cost efficiencies and administrative consistency by
contracting with King County for CTR implementation;
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 the
Commute Trip Reduction Implementation Agreement with King County, Department of
Transportation, Metro Transit Division for the purpose of implementing the Washington State
Commute Trip Reduction Law of 1991.
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.1367:8/19/08:scr
yr i
2
COMMUTE TRIP REDUCTION PROGRAM IMPLEMENTATION AGREEMENT
between
King County,Department of Transportation,Metro Transit Division
and
The City of Renton
This Commute Trip Reduction Program Implementation Agreement(the "Agreement")is made
day of 2008 by and between King County, a home rule charter county of the State of this
Washington,through its Department of Transportation, Metro Transit Division(the "County"or
"Metro Transit")and the City of Renton(the "City"), either of which entity may be referred to
hereinafter individually as 'Party" or collectively as the "Parties," for the purpose of im lementi
the Washington State Commute Trip Reduction Law of 1991. p ng
WHEREAS,the purpose of RCW 70.94.521, et seq.,the "Commute Trip Reduction(CTR)
Law,"is to reduce air pollution, traffic congestion and fuel consumption by encouraging commuters
to use alternative modes of transportation, such as buses, carpools, vanpools; bicycles, and walkin ,
instead of single occupancy vehicles("SOV"); and g,
WHEREAS the CTR Law requires local governments in those counties experiencing the
greatest automobile-related air pollution and traffic congestion to develop and implement Commute
Trip Reduction("CTR")plans to reduce vehicle miles traveled per employee and drive alone
commute trips; and
WHEREAS,the CTR Law also requires major employers to provide employee
transportation programs to encourage their employees to shift to alternative modes of
transportation; and
WHEREAS, the City has within its jurisdictional boundaries one or more "major
employers" and is required by RCW 70.94.527 to develop and implement a commute trip reduction
plan; and
WHEREAS, the Parties hereto are authorized to enter into this Agreement pursuant to
RCW 70.94.527(5); and
WHEREAS, King County Code Section 28.94.110 also authorizes the King County
Executive to enter into agreements with state and local agencies for assistance in implementing
CTR Law; and the
WHEREAS, CTR plans developed by local jurisdictions are required to be coordinated and
consistent with the CTR plans of adjacent jurisdictions as well as applicable regional plans; and
WHEREAS, the City and the County desire through this Agreement to implement the CTR
Law consistent with the rules established by the state Commute Trip Reduction Board; and
Commute Trip Reduction Agreement
Between King County and the City of Renton
Page 1 of 9
Page 2
WHEREAS,the City can achieve cost efficiencies and administrative consistency by
contracting with the County for CTR implementation;
NOW THEREFORE,in consideration of the terms,conditions,mutual promises and
covenants set forth herein,the Parties agree as follows:
1. PULSE
undertakenw
l
to be
npurpose of this Agreement is to establish a mechanism that it allow obligationsrcertain tasks
s
the CTR
by the County on behalf of the City to implement
Law and to set forth the responsibilities of the Parties with respect to that objective.
2. DEFINITIONS
of this Agreement:
The following definitions shall apply for purposes
ministrative Re
presentative" means the primary administrative contact for issues related to
"Ad p
this Agreement as designated in Section 3.5 of the Agreement.
to er required by RCW 70.94.521 and the City's CTR Plan to
"Affected Employer" means an employer y
implement a CTR program(see also "major employer").
,4009
C
ne
"Commute Trip Reduction Plan(CTR Plan)" means1a pin adopted by thh co itydesitgr pdvehicle
to
reduce the proportion of single occupant vehicle ( SOV )commutetrips
miles traveled by employees.
Program)" means
Trip Reduction Program(CTR a program designed by an
sand be consistent with the
Affected Employer to reduce the proportion
commute trip
rules established by the Commute Trip Reduction Board.
"CTR Funds" means state funds authorized by RCW 70.94.544coSection
u eitnp 01 of reduction Natural
Resources biennial budget to help counties and cities implement
"MajorPwoay
Em loyer" means a private or public employer that employs
m loyre alar hundred
rkdor more full-
t6:00
ime employees at a single worksite who are scheduled to begin g the year, as provided
a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during
in RCW 70.94.521 (herein also known as an"Affected Employer").
"State" is the Washington State Department of Transportation(WSDOT)unless otherwise noted.
Commute Trip Reduction Program Implementation Agreement
Between King County and the City of Renton
Page 2 of 9
Page 3
'o""` 3. DUTIES AND RESPONSIBILITIES
3.1 Provision of CTR Services. Metro Transit will perform the CTR implementation
specified with particularity in the Scope of Work(the "Work")set fortasExhibit
services
is attached hereto and incorporated herein by this reference. A, which
3.2 Reimbursement of Costs. In accordance with thepayment
in Section 4 of this Agreement,the City will reimburse thCounty for billingprovisionsset forth
Work pursuant to this Agreement. undertaking the
3.3 Regional Cooperation. Some tasks in the Scope of Work are subarea
assume that the City will participate with otherng or countywide and
extent possible to develop policies and productsconsistent tthrjoughout the dcountytry to the
advantage of economies of scale and cost efficiencies. to take
4. PAYMENT AND BILLING
4.1 Payment. The City will reimburse the County for the full and actual direct
costs associated with the County's performance of the Work pursuant to this Agreement.
eme indirect
4.2 Cost Estimate and Budget. A cost estimate and budget for workg ou
June 30,2009 is set forth in Exhibit B, which is attached hereto and incorporated h rein by
this reference. herein by
4.3 Invoices and Payment Process. The City shall makepayments
performed pursuant to this Agreement upon receipt of detailed ed billingi voil es from thehk
County. The City shall make payment to the County within thirty(30)days of receiptom
billing invoice from the County. The County shall submit invoices and a qurlyrof a
report to the City per the following schedule: quarterly progress
Payment Fixed
Invoice Submitted
Payment No Earlier Than
1 St payment
2 a $99864.50 864.50 September 30,2008
payment $
3 payment December 31, 2008
$9,864.50 March 31,2009
4th payment
Total $9'8_64 50 June 30,2009
$39,458.00
Nome Commute Trip Reduction Program Implementation Agreement
Between King County and the City of Renton
Page 3 of 9
Page 4
4.4 Payment
Amounts. Each payment shall consist of the fixed amount specified above in
Subsection 4.3,plus the following:
Reimbursement of workshop expenses estimated to be$2,250.00. The City shall pay a
• Reim
percentage share of workshop expenses based on the percentage of the total registrants
pe g
for the workshop representing worksites in the City. by the
• Reimbursement for up to$1,200.00 in incentives purchased as directed in writing
City.
sho expenses to be shared by the City shall consist of
bes foed labor element plus
The work p p
actual non-labor expenditures. The fixed labor element shalllabor charge per workshop
$510.00 fixed
- ETC Orientation workshop
Implementation $510.00 fixed labor charge per
- Program Imp e er workshop
- Survey Briefing $178.50 fixed labor charg p
$51.00 fixed labor charge per hour for King
- Additional Workshops County trainers
4.5 Use of Funds. Funds provided by the City to the County under this Agreement shall be
used solely for activities undertaken in performance of the Work.
be purchased with funds provided by the City to the County
4.6 Equipment. Any equipment topurpose of CTR administration
pursuant to this Agreement shall be used exclusively for
for the City and other jurisdictions in King County. he County shall own all such
equipment and maintain it at no additional cost to the City.
of this Agreement,the City shall
reimburse the County for all costs
4.7
Reimbursement of Pre-Termination Costs Incurred. In the event of termination
pursuant to the provisions of Section payable under this Agreement that have been incurred up
to and including the effective date of termination.
5. WORK SCHEDULE AND PROGRESS REVIEW
County will submit a quarterly report of progress and anticipated
5.1 Progress Reviews. The oin periodic review of issues and materials
activities to jurisdiction representatives. On-going,
will also be conducted with the jurisdiction representatives.
Requirements. At the request of the City,the County will provide
5.2 State Evaluation
information to the State for monitoring or evaluation activities.
Commute Trip Reduction Program Implementation Agreement
Between King County and the City of Renton
Page 4 of 9
Page 5
6. EFFECTIVE DATE AND TERM OF AGREEMENT
litese This Agreement shall take effect when it is signed by
June 30, 2009, unless earlier terminated pursuant to the terms of this A remain in effect through
Agreement.
7. TERMINATION
7.1 Termination for Default. Either Party
Party fails to perform a material obligation of this Agreement. Written Agreements inthe event the other
intention to terminate this Agreement pursuant to this Subsection 7.1 shall tbe providedice a Party'sto
the other Party not less than fifteen(15) calendar days prior to the effective date to
termination. of
7.2 Termination for Convenience. Either P
Agreement, in whole or in part,for convenience and wito this ithout cause. Writeement may ten
notice the
Party's intention to terminate this Agreement pursuant to this Subsection 7.2 shall
of a
provided to the other Party not less than thirtyall be
termination. (30)days prior to the effective date of
7.3 County Funding and Termination for Non-Appropriation. Perform
undertaken by the County pursuant to this Agreement in advance of receiving ce
of any Work
reimbursement by the City beyond the current appropriation year is conditioned upon
appropriation by the County Council of sufficient funds to support the performance of the
mthe
Work. Should such an appropriation not be approved, the Agreement shall terminate at
close of the 31st of
current appropriation year. The appropriation year ends on Decemberofhe
each year.
7.4 Termination Due to Loss of State Funding. If at any time duringthe
the State acts to terminate,reduce,moth Agreement period
pursuant to RCW 79.94.544 then either Party� or withhold CTR State Funds allotted to the City
(30)days advance written notice to the otherer,terminate this Agreement by giving thirty
8. CHANGES AND MODIFICATIONS
Either Party may request changes to the provisions of this Agreement. Any such
must be mutually agreed upon and incorporated bychanges
No variation or alteration of the terms of this Agreementewilbenvvalid unlessent to Agreement.
writing and signed by authorized representatives of the Parties hereto. made in
klire
Commute Trip Reduction Program
Between King County and the ity of Renton tation Agreement
Page 5 of 9
Page 6
9.
NOTIFICATION AND IDENTIFICATION OF CONTACTS
inistra
9.1 Administrative Representatives. Both Parties shall designate an this Agreative
representative to act as the contact person for matters pertaining
9.2 Contact Persons and Addresses.
David Lantry,Supervisor of CTR Services or Designee
For the County: King County Metro Transit
400 Yesler Way,Rm. 650
Seattle,WA 98104
(206) 684-1139
For the City:
Nathan Jones,Transportation Planner
City of Renton
1055 South Grady Way ortation
5th Floor-Public Works/Transportation
WA 98057
(425)430-7217
notice or communication required or permitted to be given pursuant to this
9.3 Notice. Any by U.S.Mail,return receipt
Agreement shall be in writing and shall be sent postage prepaid
ies' respective administrative representatives at the addresses identified
requested,to the Part
in Subsection 9.2 of this Agreement.
.4.400
10. DISPUTE RESOLUTION PROCESS Subsection 9.2 of this
to this Agreemenththat
Agree
The Parties, sall throughus theirr best efforts
representatives toresolve disputes pertainingresolve a dispute,
may arisemenshall between theParties.best If then to resolve
If these designated preview the matter and attempt
it.
maymanagers of both Parties shall
If
responsibleyproject
eviewed by
he department directors
If oare tie
unable to resolve the dispute,the matter shall be exhauste to eachtof these procedural steps
of both Parties or his or her idesignee.tes m a court of law or any other forum•
before seeking to resolve p
11. AUDITING OF RECORDS DOCUMENTS AND REPORTS
rightd the to examine during normal business hours,
The
the non-privileged the
and as often Auditor shallt have Auditor access reasonably deem necessary, ° Partiesth records ofshall have
and as as the Staterespectmay this Agreement. B
City and the County with to the matters covered by
Commute Trip Reductionam Implementation Agreement
Between King County andthethe of Renton
Page 6 of 9
Page 7
similar access and rights with respect to the records of the other Party.
payment is
shall be permitted to audit,examine, and make excerpts or transcriptsfromsuch
Parties'erecords
andntatives
*mow
audits of all contracts,invoices,materials, a oll
Agreement. Such rights last for three 3 p ayrolls, and records of matters covered b to
( )years from the date final p aY tr
made hereunder.
12. INDEMNIFICATION AND HOLD HARMLESS
Each Party hereto agrees to be responsible and assumes liability for its own negligent
omissions, and those of its officers, agents or employees, while perfonnin acts or
Agreement, to the fullest extent required by law, and agrees to save, indemnify,work pursuant to the
the other Parties harmless from any such liability. In the case of negligence
damages allowed shall be assessed in proportion to defend,and hold
g of multiple attributableParto any
Party, and each Party shall have the right to seek contribution from the other negligenceof n proportion each
the percentage of negligence attributable to the other Parties.
Parties in to
The City acknowledges it is solely responsible for its compliance with the CT
adoption,implementation, and enforcement of any ordinances,plans, and ro CTR
Act, and for the
CTR Act. The City shall indemnify and hold Kin Countyprams related to the
defend, at its own expense, any and all claims, g harmless from, and shall process and
demands, suits at law of equity, actions,penalties,
losses, damages, or costs arising out of, in connection with, or incidental to an
the City or any of its officers, employees, subcontractors or agents in adopting tin Y act or enor
forcing
omissionof
ordinances,plans and programs related to the CTR Act. anyy
`fir
13. LEGAL RELATIONS
13.1 No Third Party Beneficiaries. It is understood that this Agreement is
benefit of the Parties hereto and gives no right to any other person or entit solely for the
Y
13.2 No Partnership or Joint Venture. No joint venture, agent-principal relationship
partnership is formed as a result of this Agreement. No employees or agents of one arty or
Partyor
of its contractors or subcontractors shall be deemed, or represent themselves to be, employeany
or
any
employe
agents of the other Party.
13.3 Applicable Law. This Agreement shall be governed by and construed i
with the laws of the State of Washington. n accordance
13.4 Jurisdiction and Venue. The King County Superior Court, situated in
Washington, shall have exclusive jurisdiction and venue over any legal action Seattle,g
Agreement. arising under this
olisw
Commute Trip Reduction Program Implementation Agreement
Between King County and the City of Renton
Page 7 of 9
Page 8
' tion and Construction. This Agreement and each of the terms and
provisions13.
d
Mutual hereof shalia
be deemed to have been explicitly negotiated shall,,innall mutually
be
ahall in all parts of this Agreement
drafted by,both Parties, and the language
construed according to its fair meaning and not strictly for or against either Party.
Agreement is held invalid by a court of competent
13.6 Severability. If any provision of this
inder of the Agreement shall not be affected thereby if suchreaindParties.
er
woouulddthen continue to serve the purposes jurisdiction,the ma and objectives originally contemplatedby
Default. Waiver of any default shall not be deemed to Shall not bewaiver
deemedf anyto
u.7 Waiver of provision of this Ag
subsequent default.yWaiver ofub breach of any p dulyauthorized
other or subsequent breach and shall not be construeded by to be a modification of
thebe a waivermthisoany r
terms of Agreement unless stated to be such in writmg,
representatives of the Parties, and attached to the original Agreement. either
nor any interest herein,may be assignedby
13.8 Assignment. Neither this
consent of the�other Party.
Party without the prior
and all of its terms,provisions,
13.9 Binding on Successors and Assigns. This Agreement
ants together with any exhibits and attachments now or hereafter made a
part
conditions, and covenants,
hereof, shall be binding on the Parties and their respective successors and assigns.
part
and Remedies. Both Parties' rights and remedies in this Agreement are in
13.10 Rights law.
addition to any other rights and remedies provided by
Agreement. This Agreement embodies the Parties' entiresubseqnt understanding and
n
agreement
a Entirenit, except as may be supplementedby
amendme t to the issues Agreement, and supersedes any prior negotiations,representations or draft
amendment this
agreements on this matter, either written or oral.
13.12
Survival. The provisions of this Section 13 (Legal Relations) shall survive any
termination of this Agreement.
14. FORCE MAJEURE responsibilities and
obligations
Party
to this Agreement shall be excused from performance of any pfailure to erfodm,
' sunder this Agreement, and shall not be liable for damages due to
ause directly or
obligation from performing by
during the time and to the extent that it is prevented
beyond its control,including,but not limited to: any incidence of fire, flood, snow,
ts,
indirectly earthquake, or a
cts of nature; strikes or labor actions; accidents,
horezedinsurrection,
c vil authorityterrorism, or
or a jurisdiction or authorized acts of war;order of any court of competent
Commute Trip Reduction Program Implementation Agreement
Between King County and the City of Renton
Page 8 of 9
Page 9
commandeering material,products, or facilities by the federal, state or local government; or
national fuel shortage; when satisfactory evidence of such cause is presented to the other
�.r Party to
this Agreement, and provided that such non-performance is beyond
l and is not due
the fault or negligence of the Party not performing. In no event shouldethis provision on eliminate to
the obligation of the City to make payment to the County for the Work performed pursuant
to
this Agreement. P t
15. COMPLIANCE WITH APPLICABLE LAWS
The Parties agree to comply with all applicable federal, state, and local laws,rules, and regulations,
including those pertaining to nondiscrimination and agree to require the same of anysubcontractors
g
providing services or performing any of the Work using funds provided under this Agreement
16. EXECUTION OF AGREEMENT—COUNTERPARTS
This Agreement may be executed in two (2)counterparts, either of which shall be regarded for
purposes as an original. g all
Dated this day of
, 2008.
,. t
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the datelates
No
written below.
KING COUNTY
DEPARTMENT OF TRANSPORTATION
METRO TRANSIT DIVISION
CITY OF RENTON
By:
Kevin Desmond By:
General Manager Denis Law
King County Metro Transit Mayor
Date:
Date:
Approved as to form:
Approved as to form:
By:
Deputy Prosecuting Attorney By:
Date: City Attorney
Date:
Commute Trip Reduction Program Implementation Agreement
Between King County and the City of Renton
Page 9 of 9
City of Renton—Exhibit A
Commute Trip Reduction Services Contract
Scope of Work
Period: July 1,2008,through June 30,2009
I Required Activities
A)Notification of new worksites:
1. Identify contact for potential sites
2. Send notification inquiry
3. Follow up with site
4. Confirm status (send second letter)
5. Secure state code
6. Create timeline and legal file Program Report
7. Conduct Baseline CTR surveys and Initial Employer
B) Administration of CTR Surveys:
are and send survey notifications and an enhanced survey response form(SRF)to
1. Pre P
each site
2. Schedule and hold survey briefings
3. Follow up with phone calls and emails for sites with late SRFs
4. Review and grant extensions system `"
5. Set up and assist sites in the online surveye paper me
6. Mail surveys to, and
and processssist sites withing
7 .Track survey completion
8. Send survey results to employer
9.
Make recommendations for programs based on review of worksite policies and
review of survey, site and zip code data
C) Employer Report: (Initial Report Only)
1. Send report reminder letters for initial report
2. Monitor program report receipt
3. Follow up with sites with late program reports via phone or email
4. Review and grant extensions
5. Provide ongoing assistance to ETCs with the online trip
report for system
reduction
6. Review all program reports for completeness and potential
• Guaranteed Ride Home
• Parking Management
• Incentives/Subsidies or Pre-Tax benefit
• Program Summary for employees
7. Recommend action to jurisdiction
8. Generate approval letter for City signature
9. Complete report entry and approve in the online system
1
D) Communicate Changes in Law and Ordinance to All Employers
%ow 1. Update all written communication pieces with respect to changes in CTR Law and
Ordinance, including: New site notification letters and forms,Next Step letters that
accompany survey results, Survey interpretation Guide, Report Reminder letters, all
ETC training materials and descriptions of reduction goals.
2. Create and send site-specific letters to ETCs describing changes to the Ordinance,the
new employer requirements, reduction goals and timing of surveying and reporting.
Require ETCs to confirm receipt of updated information.
3. Update Commute Solutions website with new ordinances and descriptions
E) Review of Exemptions:
1. Inform ETCs about process and criteria
2. Receive requests and copy to city
3. Copy request to state for comment
4. Review and analyze request and provide comments to City
5. Contact employer as needed, generate and send response per city
F) Record Maintenance:
1. Maintain database on all affected sites
2. Maintain database on all ETCs
3. Maintain master file records on all affected sites
`" +►' 4. On a quarterly basis, provide WSDOT with hard copy of each employer program
report approved within the quarter
5. Provide WSDOT with an electronic copy of the CTR database of the City's CTR-
affected employers, quarterly or as required by WSDOT
6. Provide quarterly report information for jurisdiction to conduct state funds billing
7. Retool CTR database to reflect new ordinance requirements
G) Enforcement:
1. Non-compliance issues
a. Review legal guidelines
b. Document infractions (emails sent, legal files, phone calls) and assemble
information for review
c. Determine next steps with jurisdiction
d. Provide legal files for jurisdiction to review
e. Consult with jurisdiction
f. Prepare and send correspondence to site
Name
2
II. Employer Service Activities ,
A) Employer Training:
1. Outreach activities with new site(s) and/or ETC
a. Schedule and meet with ETC; discuss the requirements of the law, survey
requirement,program development, training and networking opportunities
b. Assist with setting up baseline survey(new site only)
c. Complete analysis for survey results
d. Assist with program element implementation (when necessary)
2. Schedule,promote, register and conduct ETC Basic Training
a. ETCs attendance at Part 1 of Basic Training (ETC Orientation)
b. ETCs attendance at Part 2 of Basic Training (Program Development)
c. ETCs attendance at survey briefings
B) Incentives:
Purchase incentives for worksites as directed by the City
C) Promotion,Marketing and Employer Outreach:
1. Analyze survey results and employer reports to determine areas and sites with
potential for trip reduction; develop list of target sites for enhanced outreach to
achieve trip reduction; activities may include (but aren't limited to):
a. Zip code analysis and mapping
b. Program enhancements
c. Policy recommendations
2. Meet with ETCs/PMs to discuss program and product opportunities on an ongoing
basis (may include leveraging financial support, meeting with management,
conducting a cost analysis of parking vs. subsidies)
3. Assist sites in developing site-specific Program Summary Brochure
4. Conduct employer commute and relocation events
a. Conduct origin and destination analysis and provide solution/recommendations
b. Conduct route planning and/or van and carpool formations
5. Schedule, promote, engage speakers and facilitate Employer Network group meetings
6. Send traffic alert reports via email to all ETCs
7. Send other transportation related news/announcements via email to all ETCs
8. Mail transportation related packets to all sites
9. Coordinate,promote and mail Wheel Options/Bike to Work Day packets to sites
10. Coordinate City-specific promotion (as applicable)
err►
3
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO
THE COMMUTE TRIP REDUCTION IMPLEMENTATION
AGREEMENT BETWEEN KING COUNTY, DEPARTMENT OF
TRANSPORTATION, METRO TRANSIT DIVISION AND THE CITY OF
RENTON FOR THE PURPOSE OF IMPLEMENTING THE
WASHINGTON STATE COMMUTE TRIP REDUCTION LAW OF 1991.
WHEREAS, the purpose of RCW 70.94.521, et seq., the "Commute Trip Reduction
(CTR) Law," is to reduce air pollution, traffic congestion and fuel consumption by encouraging
commuters to use alternative modes of transportation, such as buses, carpools, vanpools, bicycles
and walking, instead of single occupancy vehicles ("SOV"); and
WHEREAS, the CTR Law requires local governments in those counties experiencing the
greatest automobile-related air pollution and traffic congestion to develop and implement
Commute Trip Reduction ("CTR") plans to reduce vehicle miles traveled per employee and
drive alone commute trips; and
WHEREAS, the CTR Law also requires major employers to provide employees
transportation programs to encourage their employees to shift to alternative modes of
transportation; and
WHEREAS, the City has within its jurisdictional boundaries one or more "major
employers" and is required by RCW 70.94.527 to develop and implement a commute trip
reduction plan; and
WHEREAS, CTR plans developed by local jurisdictions are required to be coordinated
and consistent with the CTR plans of adjacent jurisdictions as well as applicable regional plans;
and
4411.0
1
RESOLUTION NO.
WHEREAS, the City and King County desire through this Agreement to implement the
CTR Law consistent with the rules established by the state Commute Trip Reduction Board; and
WHEREAS, the City can achieve cost efficiencies and administrative consistency by
contracting with King County for CTR implementation;
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 the
Commute Trip Reduction Implementation Agreement with King County, Department of
Transportation, Metro Transit Division for the purpose of implementing the Washington State
Commute Trip Reduction Law of 1991.
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.1367:8/19/08:scr
2
/571- 9 ' aoo f
2t,>,t �01 - 2
CITY OF RENTON, WASHINGTON
Nka.► ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING ORDINANCE NO. 4412, GRANTING TO TCI SEATTLE,
INC., A FRANCHISE TO OPERATE A CABLE COMMUNICATION
SYSTEM WITHIN THE CITY OF RENTON.
WHEREAS, the City of Renton, Washington ("City") granted by Ordinance No. 4412, a
Franchise to TCI Seattle, Inc., to provide a cable television system on August 9, 1993; and
WHEREAS, the Franchise was acquired through succession by Comcast of Washington
IV & Comcast of California/Colorado/Washington I, Inc. ("Comcast" or "Operator"); and
WHEREAS, the Franchise is due to expire on midnight, September 13, 2008; and
WHEREAS, Comcast and the City have engaged in negotiations concerning the renewal
of the Franchise and other disputes and are in agreement concerning certain issues;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION I. Section 2, Length of Franchise, of the Franchise Agreement
embodied in Ordinance No. 4412, is hereby amended to read as follows:
Section 2: Length of Franchise.
This Franchise shall expire on midnight, September 13, 2013.
SECTION II. Section 5, Future Provisions, of the Franchise Agreement
embodied in Ordinance No. 4412, is hereby amended by adding to it the following language at
the end of the current Section 5:
Nilsr
1
ORDINANCE NO.
Technical Audit.
Comcast shall annually provide to the City a certification signed by its
Vice President of Engineering for the State of Washington, or other senior
engineer as agreed upon by the City, certifying that its policies and procedures
comply with all applicable laws and codes and that all known maintenance issues
have been repaired in compliance therewith.
Comcast will provide a letter confirming the following:
Comcast has reviewed the Technical Review and Audit of the Comcast
Cable System Serving Renton, WA (the "Technical Audit"), by CBG
Communications, Inc., dated June 2007, and further confirms that Comcast has
corrected all of the performance issues and alleged City Code violations cited
(including the alleged NEC and NESC code violations) in the Technical Audit.
SECTION III. Section 6, Access Channels, of the Franchise Agreement embodied
in Ordinance No. 4412, is hereby amended by deleting the last paragraph of Section 6 and
replacing it with the following language:
PEG Support.
Upon the effective date of this Amendment, the Operator shall pay to the
City on a quarterly basis, at the same time as the franchise fee, $0.19 per
subscriber per month (the "PEG Fee") from all subscribers receiving and paying
for cable service. To the extent permitted by applicable law, the PEG Fee may be
itemized on Subscriber billing statements. The PEG Fee shall not be treated as
franchise fees for purposes of 47 U.S.C. § 542 or any other purpose, and shall at
2
ORDINANCE NO.
no time be offset or deducted from franchise fee payments made to the City under
this franchise or applicable law.
In the event any payment required by paragraph 1(a) is not made on or
before the required date, the Operator shall pay, during the period such unpaid
amount is owed, additional compensation and interest charges computed from
such due date, at an annual rate of ten percent (10%). Any interest or penalties
imposed hereunder shall not be treated as franchise fees for purposes of 47 U.S.C.
§ 542 or any other purpose, and shall at no time be offset or deducted from
franchise fee payments made to the City under this franchise or applicable law.
SECTION IV. Section 8, Institutional Networks, of the Franchise Agreement
embodied in Ordinance No. 4412, is hereby deleted. The City and Operator have entered into a
separate lease agreement regarding the Institutional Network.
*la '. SECTION V. The Franchise Agreement embodied in Ordinance No. 4412, is
hereby amended by adding a new Section 23 entitled "Competitive Equity" and to read as
follows:
Section 23: Competitive Equity.
(a) Any franchise granted pursuant to this Chapter shall be
nonexclusive and shall not preclude the City from granting other or further
franchises or permits or preclude the City from using any roads, rights-of-
way, streets, or other public properties or affect its jurisdiction over them or
any part of them, or limit the full power of the City to make such changes, as
the City shall deem necessary, including the dedication, establishment,
maintenance and improvement of all new rights-of-way and thoroughfares and
3
ORDINANCE NO.
other public properties. The City reserves the right to grant one (1) or more
additional franchises. The City shall amend a franchise, as requested by the
franchisee, if it grants additional franchises or similar authorizations that
contain material terms or conditions which are substantially more favorable or
less burdensome to the competitive entity than the material terms and
conditions herein. A word for word identical franchise or authorization for a
competitive entity is not required so long as the regulatory and financial
burdens on each entity are generally equivalent taking into account any
difference in the number of subscribers served, the number of PEG channels
and aggregate support provided, the level of fees and taxes imposed, the term
of the franchise, and all other circumstances affecting the relative burdens.
(b) Notwithstanding any provision to the contrary, at any time prior to
the commencement of a franchisee's thirty-six (36) month renewal window
provided by Section 626 of the Cable Act, that a non-wireless facilities based
entity, legally authorized by state or federal law, makes available for purchase
by Subscribers or customers, Cable Services or multiple channels of Video
Programming within the Franchise Area without a franchise or other similar
lawful authorization granted by the City, then a franchisee shall have a right to
request Franchise amendments that relieve the franchisee of regulatory
burdens that create a competitive disadvantage to the franchisee. In
requesting amendments, the franchisee shall file a petition seeking to amend
the franchise. Such petition shall: (1) indicate the presence of such wireline
competitor; and (2) identify all material terms or conditions which are
4
ORDINANCE NO.
substantially more favorable or less burdensome to the competitive entity. The
City shall act on the petition within 120 days.
(c) In the event an application for a new cable television franchise is
filed with the City proposing to serve the franchise area, in whole or in part,
the City shall notify all existing franchisees.
SECTION VI. This Amendment to the Franchise and its terms and provisions
shall be accepted by Comcast by the submission of a written instrument, executed and sworn to
by a corporate officer of Comcast before a Notary Public, and filed with the City Clerk within
sixty (60) days after the effective date of this Ordinance. Such instrument shall evidence the
unconditional acceptance of this Amendment to the Franchise and the promise to comply with
and abide by all its provisions, terms and conditions.
SECTION VII. This ordinance shall be effective upon its passage, approval, and
err thirty (30) days after publication.
PASSED BY THE CITY COUNCIL this day of , 2008.
Bonnie Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2008.
Denis Law, Mayor
5
ORDINANCE NO.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1491:9/8/08:scr
6
14;fRe t° CGt Co oil
0
committee Meet% v Ss
.malities Committee -T#iirs.,9/408 -(Zwicker)
-Cancelled
Planning & Development Comm - iurs.,...91(8/08. j:3i0 pm<COuncil Conference Rm - (Parker)
c- 2nd & Main Apartments—Multi-Family Housing Property Tax Exemption
Transportation Committee -1-Fius., 9%18/08,40 pm,'C"ouncil Conference Room - (Corman)
I) City Capital Improvement Projects of Properties
Finance Committee - Mon., 9/22/08, 4:30 pm, Council Conference Room - (Persson)
Vouchers
2-Probation Officer Hire at Step D
3) Panther Creek Property Acquisition ire (2 rP ee,-r-ptv,.cvr�
4May Creek Property Acquisition
75f2007 State Audit - Briefing
Committee of the Whole ;M"on.,922/08,60 pm, 7th Floor Conferencing Center-(Palmer)
,Emerging Issues in Human Resources (Healthcare Plan and Claims)