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HomeMy WebLinkAboutCoal Creek Utility District Assumption by City of Bellevue (1998-2000) • Washington State Boundary Review Board .z ,; For King County Central Building, Suite 608, 810 3rd Avenue, Seattle, WA 98104-1693 August 18, 2000 Phone (206) 296-6800 •Fax (206) 296-6803 City of Bellevue Attn: Brad Miyake, Deputy Director of Utilities Post Office Box 90012 Bellevue, WA 90012 RE: CLOSING LETTER FOR RESOLUTION AND HEARING DECISION File No. 2066 - City of Bellevue - Coal Creek Utility District Assumption (Portion within City Limits) Dear Mr. Miyake: We are writing to advise you that the Washington State Boundary Review Board for King County has now completed the Resolution and Hearing Decision, as specified in RCW 36.93, to approve the above referenced proposed action (filed with the Board effective November 15, 99). The Resolution and Hearing Decision for this action is enclosed for filing as prescribed by RCW 36.93.160(4). An appeal period to Superior Court has been established, as mandated by RCW 36.93.160. The appeal period to Superior Court will close on September 18, 2000. In order to fmalize the proposed action, the applicant must address the following requirements, where applicable: 1. Compliance with the statutory requirements and procedures specified in the Notice of Intention; 2. Sewer and Water district actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 3. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 4. Filing with King County of permit application(s), as required, accompanied by a copy of this letter. elitu:dee,0). • • 5. Notification to King County Office of Regional Policy and Planning, in writing, of your intended effective date of this action. This notification should be provided as early as possible. Please send this information to Susan Thomas, Office of Regional Policy and Planning, 516 Third Avenue, Room 402, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of your final resolution or ordinance accomplishing this action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Ms Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would like additional information, please contact our office at 206.296.6800. Sincerely, lea Lenora Blauman Executive Secretary Attachment: Resolution and Hearing Decision Cc: Honorable King County Councilmember Rob McKenna Honorable King County Councilmember David Irons Ctona Windsor, Attorney, City of Bellevue Kelly Synder, Roth Hill Engineering Blair Burroughs, Attorney at Law, Coal Creek Utility District Ms. Anne Noris, Clerk of Council Ms. Diane Murdock, King County Department of Assessments Ms. Lydia Reynolds, King County Road Services Division Mr. Bob Bruce, Elections Superintendent, Records and Election Division King County E-911 Program Mr. Paul Reitenbach, Office of Regional Policy and Planning Ms. Susan Thomas, Office of Regional Policy and Planning Mr. Bruce Bennett, Chair UTRC, Department of Natural Resources Cities: Newcastle Renton District(s): Coal Creek Utility District Bellevue School District No. 405 Renton School District No. 403 Form HE 8 e PROCEEDINGS.OF THE WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY RESOLUTION AND HEARING DECISION IN RE: CITY OF BELLEVUE FILE NO. 2066 Proposed Assumption (Coal Creek Utility District— Portions Located Within Corporate Boundaries of the City of Bellevue) King County, Washington A Notice of Intention was submitted on November 12, 1999 by the City of Bellevue to the Washington State Boundary Review Board. The Notice of Intention (Boundary Review Board File No. 2066) proposes that the City of Bellevue assume responsibility for water and sanitary sewer service for that certain portion of territory of the Coal Creek Utility District located within the existing City boundaries and including the small, unincorporated island surrounded by the City. The City proposes to assume jurisdiction and ownership over those portions of the District's service area, assets, facilities, responsibilities, property and equipment that are located within the corporate boundaries of Bellevue. The City's proposal also generally describes plans for distribution of assets and liabilities, management and operation of facilities, allocation of resources, and payment for use of facilities to the Coal Creek Utility District. Legal notice having been duly given, a hearing was held on the dates of July 13, 2000, July 18, 2000 and July 20, 2000 before a quorum of the Boundary Review Board. On the basis of the testimony, evidence and exhibits presented at said hearing, and the matters on record in said File No. 2066, it is the decision of the Board that the action proposed in said Noticeof Intention be, and the same is, hereby approved as proposed by the City of Bellevue. The legal description of the annexation area is attached hereto and marked as "Exhibit A", together with a map showing the boundaries of the area herein marked as"Exhibit B". In reaching a decision on the application, the Board has considered RCW 36.93. (Local Governments — Boundaries — Review Boards), with particular attention to RCW 36.93.170 (Factors) and RCW 36.93.1880 (Objectives) in accord with the mandate of the State of Washington. As further required by the State of Washington, the Board has considered RCW 36.70.A, the Growth Management,.the King County Comprehensive Plan, and review of the annexation under the State Environmental Policy Act (WAC 197- 11). Pursuant to the Notice of Intention, the Board has also considered RCW 35.13A, WAC 246.290 and other applicable regulations.and guidelines. The Board's responsibility is to examine the record (e.g., documents, exhibits; testimony), determine which specific policies and guidelines are applicable to the proposed action, balance these elements, and then take the action to best advance those applicable elements. 1 Materials provided in the record for File 2066 include, but may not be limited to: • City of Bellevue: Application materials; technical studies; fiscal studies; regulatory analyses; exhibits; response to Coal Creek Utility District; supplementary documents; testimony by representatives of the City of Bellevue • Coal Creek Utility District: Response to application materials; technical studies; fiscal studies, regulatory analyses, public opinion survey report; exhibits; supplementary documents; testimony by representatives of Coal Creek Utility District • City of Newcastle: Correspondence; testimony of Mayor Sonny Putter • City of Renton: Correspondence; testimony of Gregg Zimmerman, Planning Manager • Public Agencies/Private Organizations/ Individual Citizens: Correspondence; exhibits; testimony The Boundary Review Board has considered the record for File No. 2066 with respect to, the following criteria: FACTORS AFFECTING THIS PROPOSAL The Boundary Review Board has considered the many factors prescribed in RCW 36.93.170. The Board finds the following Factors to be applicable to the proposed action: POPULATION AND TERRITORY: RCW 36.93.170(1) directs the Board to evaluate issues related to Population and Territory. For File No. 2066, the Board considered the following issues to be applicable: land area and land uses; comprehensive plans; topography, natural boundaries and drainage basins; the likelihood of significant growth in the area during the next ten years. Following is a brief review of key issues related to each applicable element. LAND AREA Coal Creek Utility District, at 5,260 acres, includes the entire City of Newcastle, a portion of northeast Renton, the unincorporated area, and the southern portion of the City of Bellevue. The District provides services to approximately 20,660 customers. The proposed City of Bellevue Assumption Area, at 2,210 acres, encompasses a substantial portion of the southern section of the City of Bellevue. The assumption area also includes a small, unincorporated island in Factoria that is entirely surrounded by Bellevue; this island is included in Bellevue's Potential Annexation Area. Bellevue's proposed assumption would result in the transfer of approximately 11,500 customers from the District to the City of Bellevue. The Assumption area includes lands currently developed with single-family and multi-family residential uses, public uses (schools, churches, parks), commercial uses and public uses. Following assumption, the Coal Creek Utility District would continue to serve the entire City of Newcastle and a small portion of the City of Renton. Approximately 95% of the District's service area (with 9000 customers) would be located in Newcastle. Approximately five per cent of Coal Creek Utility District's service area would be located in northeast Renton. The City of Newcastle is developed primarily with single-family homes and a small number of multi-family units. The City also includes schools, churches, public uses, and commercial areas. Coal Creek Utility District can also anticipate a growing customer 2 base in Newcastle. The Newcastle Comprehensive Plan encourages residential development and some commercial growth as well. Land is available to support future growth. The District has sufficient existing and future resources to serve new homes and businesses. As northeast Renton is essentially built out, the current customer base of 250 households (primarily multi-family units) is not likely to increase. The District also has sufficient resources to serve these units. COMPREHENSIVE LAND USE PLANS King County: The King County Comprehensive Plan/Countywide Policies, adopted in response to the Growth Management Act (GMA), includes goals and policies that address public services. For example, County Comprehensive Plan/Countywide Policies Goal FW-10 calls for protection of water quality/quantity. FW-12 calls for provision of adequate services and facilities for development. FW-13 states that cities are the appropriate provider of local urban services to Urban Areas. FW-29 and FW-30 address the need for jurisdictions to plan for and coordinate services. Numerous King County/Countywide Policies are also relevant, including, but not limited to those policies that address requirements for urban services (e.g., CO-1, CO-10); support for conservation, efficiency, cost effectiveness and new technologies (e.g., CO-4, CO-5, CO-6). These goals and policies will be addressed in some more detail in the report of Consistency with the Growth Management Act. City of Bellevue: The City of Bellevue Comprehensive Plan, also adopted as prescribed by the GMA, similarly includes goals and policies that provide the basis for land use decisions and for public services to development in this community. Specifically, Policy UT-8 provides for the City to "own and operate all publicly owned utility services within the City's boundaries and the utility service area." Policy UT-2 calls for the City to "manage utility systems effectively in order to provide reliable, quality service" and Policy UT-10 calls for the city to recover costs for services. Similarly Bellevue's Water Comprehensive Plan (1998) and Comprehensive Sewer Plan 1994 anticipate that the City will provide complete utility services to its citizens. The Assumption Area is developed with residential uses, commercial uses and public uses. Bellevue Comprehensive Plan anticipates future development in the Assumption Area. Permitted uses would include single-family and multi-family residential uses, public uses, commercial uses and light industrial uses. The City can serve permitted development with existing and anticipated water and sewer resources. Bellevue proposed the Assumption, based upon the State of Washington Growth Management Act, the Bellevue Comprehensive Plan and a commitment to Bellevue citizens to provide all municipal services. This Assumption would also provide a voice and a vote for Bellevue citizens with respect to local services. Bellevue has completed environmental review for this Assumption proposal as required by the State Department of Ecology. Other appropriate agencies have been notified of the proposal, including the King County Office of Regional and Policy Planning, the State Health Department, Fire District, and other local and regional agencies. Coal Creek Utility District Plan: Coal Creek Utility District is a regional utility service provider which has been in existence for more than 40 years. It is authorized under RCW 57 to operate and maintain public utility systems. The District was created through 3 a series of mergers and consolidations of several smaller water and sewer districts. The District Plan is coordinated with King County. The District exists for the purpose of providing water and sewer to its designated Service Areas. The District now supplies water and sanitary sewer service to approximately 20,660 customers in the Cities of Bellevue, Newcastle and Renton and unincorporated King County. The District's current water service area is larger than the current sewer service area. TOPOGRAPHY AND NATURAL BOUNDARIES: The record for File No. 2066 addressed physical boundaries and topographic features. The Coal Creek Utility District Water and Sewer Area is topographically diverse, including level areas, sloped areas, hills and lowlands. District borders include both natural and built boundary lines. Specifically: Coal Creek Utility District Water Service Area Boundary: The Water Service Area is bounded on the west by Lake Washington, on the east by the Cougar Mountain Regional Park, on the north by Interstate Highway 90 and on the south by May Creek. Coal Creek Utility District Sewer Service Area Boundary: The Sewer Service Area is bounded on the west by Interstate 405, on the east by the Cougar Mountain Regional Park, on the north by Coal Creek and on the south by May Creek. The record for File No. 2066 reports that Bellevue proposes revisions to existing shared boundary lines with the District to coincide with the Bellevue municipal boundary line. Bellevue representatives stated that this revision would affect legal boundary lines rather than to topographic boundaries. Specifically, the proposed boundary lines for the assumption would not alter the characteristics of natural boundaries, built boundaries or topographic features of the Coal Creek Utility District. Further, the proposed Assumption would not require any physical separation or changes to operational aspects of the water or sewer system. With the Assumption as proposed, Bellevue and the District could establish existing facilities for joint use (known as joint serving facilities) to serve Bellevue customers and District customers. Coal Creek District representatives stated that the District boundaries are currently formed by physical and natural boundaries (e.g., water bodies, drainage basins). Speakers reported that the assumption would create abnormally irregular boundaries and would be destructive to the environment. To illustrate, District representatives stated that negative effects from the redrawing of boundaries could be anticipated to pressure zone configuration, water system serving facilities, system efficiencies and other operations. Testimony indicated that dividing the District would create challenges for provision of uniform services resulting from the need to coordinate services between two jurisdictions in areas that now are served solely by the District. LIKELIHOOD OF SIGNIFICANT GROWTH IN THE AREA DURING THE NEXT TEN YEARS: The record for File No. 2066 anticipates that the City of Bellevue Assumption Area and.Coal Creek Utility District will likely experience growth over the next ten years. Bellevue has lands available for new development and for redevelopment with residential uses, commercial uses and public uses. Similarly, the City of Newcastle • anticipates considerable residential development and perhaps some new commercial development. The City of Renton, where it coincides with the District, is largely built out. The Assumption will not directly affect existing land use designations, zoning classifications, or address land use development. The Bellevue Assumption would enable existing and new Bellevue citizens in the area to receive reliable local water and sewer services. Coal Creek Utility District could also 4 provide existing customers and new customers with reliable water service and sewer service. The District could serve the entire existing service area or the smaller area proposed in conjunction with the Assumption. MUNICIPAL SERVICES RCW 36.93.170(2) directs the Board to evaluate issues related to Municipal Services. For File No. 2066, the Board considered the following issues to be applicable: need for municipal services; effects of ordinances, governmental codes, regulations and resolutions on existing uses; present cost and adequacy of governmental services and controls in area; probable future need for such services; costs; effect on the finance, debt structure and contractual obligations; and rights of all affected governmental units. Following is a brief review of key issues related to each applicable element. CURRENT NEED FOR MUNICIPAL SERVICES; PROBABLEFUTURENEEDS FOR SERVICES AND CONTROLS: File .No. 2066 records report that the City of Bellevue is seeking the proposed Assumption to provide local utility services to citizens within the existing City boundaries and to the citizens of a small, unincorporated island in Factoria. Assumption is proposed for several reasons. Citizens require public services. The City currently provides all municipal services elsewhere in Bellevue. The City can .operate services more efficiently if those services are coordinated for the entire community. Bellevue officials further stated their commitment to citizens of south Bellevue to provide water service. This assurance was made prior to annexation of the area and the obligation continues to the present. This commitment reflects citizens' preferences for the convenience of a single provider for all services. Coal Creek Utility District reports that the District is providing satisfactory services at a reasonable cost. Therefore, there is no valid reason for the assumption. Further, the proposed action would be inconsistent with,the statutory bases for assumption because the District would fail to survive following this action. Specifically, the District contended that substantial technical operating difficulties and fiscal constraints would result from division of the District to accommodate Bellevue. District customers would be unable to receive adequate services and the cost for available services would be prohibitive. EFFECT OF ORDINANCES, GOVERNMENTAL CODES, REGULATIONS AND RESOLUTIONS ON EXISTING SERVICES: Existing state and local authorities are intended to ensure adequate public services to local communities. The authorities that are applicable to the proposed Assumption include RCW 36.93, RCW 36.70A and the King.County.Comprehensive Plan/Countywide Policies. Bellevue representatives report that there islegal and policy support for the City to assume responsibilities for providing services, including the Growth Management Act, King County Comprehensive Plan and City of Bellevue Comprehensive Plans. The Assumption is consistent with City policies/plans that support local services. Bellevue representatives further cited the Washington State Administrative Code (RCW 35.13A— Water & Sewer Districts --Assumption of Jurisdiction) as a basis for this Assumption. This Chapter of the Code also addresses responsibilities for properties, services, valuation, rates and other administrative matters. , Coal Creek Utility District representatives agreed that there is legal and policy support at the state and regional levels for cities to provide services. However, the District believes that legal authority of a local government to make an assumption is not sufficient cause 5 for an assumption to occur. There must be a statutory reason (i.e., a problem to solve) for the assumption to be valid. District representatives reported that there is no reason for the assumption because the District is providing satisfactory services at a reasonable cost. Further, the proposed action would be inconsistent with the statutory bases for assumption due to technical operating difficulties and fiscal constraints that would result fromdivision of the District to accommodate Bellevue. In addition, for File No. 2066, the Board considered whether the proposed Assumption is consistent with RCW 35.13A. RCW 35.13A establishes criteria and regulations whereby cities may provide services for citizens. RCW 35.13A also establishes provisions for operations of facilities with assumption of a service area. City of Bellevue representatives, addressing the legal framework prescribed for File No. 2066, stated that the City's assumption proposal is based specifically upon RCW 35.13A.030. RCW 35.13A.030 establishes the standards permitting Bellevue to assume unincorporated areas of the District based upon'the premise that the City has within its borders 60% or more of the District's assessed land valuation. 'On the date that Bellevue filed its application with the Board, the City had more than 60% of the District's assessed valuation according to the 1999 King County Assessor. Report. City representatives reported that the proposal is also consistent with other applicable sections of RCW 35.13A. To address those provisions of RCW 35.13A that call for coordination of systems and facilities in conjunction with an assumption, Bellevue has proposed an interlocal agreement (i.e., Joint Operating Agreement). The proposed Agreement would provide mitigation to facilitate continuation of quality services to Bellevue and District customers. For example, the proposed Agreement would provide for allocation of equipment and structures, water usage accounting, and management of operations, allocation of revenue and expenditures, and assignment of staff. Bellevue believes that this proposed Joint Operating Agreement would have a positive impact on services and rates for both Bellevue and District customers. Coal Creek Utility District representatives reported that the City of Bellevue's Assumption proposal is erroneously based upon RCW 35.13A.030. District representatives stated that, based upon King County's Year 2000 assessment, the City had less than 60% of the District's assessed valuation. An assumption based upon less than 60% of the assessed valuation would be permitted, but would be subject to RCW 35.13A.040 and RCW 35.13A.050. District representatives stated that, under these provisions, the Board would be challenged with the complex task of establishing a mitigation plan with conditions to address management of facilities, technical operations, fiscal operations (e.g., division of assets and liabilities), and similar matters in conjunction with the assumption. District representatives reported that the mitigation proposed by the City of Bellevue is not acceptable to the District. In response, Bellevue representatives stated that a proposal for an action is considered to be vested at the time that the application file is declared to be complete by the reviewing government agency. On that basis, the application was vested in November of 1999. However, if the Board were to determine that the application was not vested in 1999, and that, therefore, the City did not meet the requirements of RCW 35.13A.030, Bellevue would continue to pursue the assumption under RCW 35.13A.040. RCW 35.13AA.040 establishes standards for assumption when a jurisdiction has less than 60% of assessed land value. Bellevue representatives stated that the mitigation measures proposed by the City would meet the provisions of RCW 35.3A.050. 6 PRESENT COST AND ADEQUACY OF GOVERNMENTAL SERVICES AND CONTROLS PROBABLE FUTURE NEEDS FOR SUCH SERVICES AND CONTROLS PROBABLE EFFECT OF PROPOSAL OR ALTERNATIVES ON COST AND ADEQUACY OF SERVICES AND CONTROLS EFFECTS ON FINANCE, DEBT STRUCTURE AND CONTRACTUAL OBLIGATIONS OF ALL AFFECTED GOVERNMENTAL UNITS The record for File No. 2066 provides information concerning utility service needs/resources and controls. The record considers requirements for technological resources and for funding necessary to provide safe, reliable, affordable services. The record considers several scenarios for management of physical structures and equipment (e.g., tanks, pipelines); human resource administration, allocation of expenses and revenues, and other costs/benefits for the City of Bellevue and for the Coal Creek Utility District. City of Bellevue: File No. 2066 provides a series of studies that Bellevue conducted to determine the ability of the City and Coal Creek Utility District to provide and administer services to its customers following the proposed Assumption. Bellevue representatives reported on technological/engineering plans and operations plans recommended for the proposed assumption. Bellevue representative's explained that Bellevue's plans are based upon RCW 35.13A, WAC 246.290 and other applicable laws. With the proposed Assumption, Bellevue and the District would share facilities. These joint existing facilities would be utilized to serve Bellevue customers and District customers. The proposal would not require any physical separation or changes to operational aspects of the water or sewer system. More specifically, Bellevue's plans address: • Water service facilities (i.e., reservoirs, pump stations, PRV stations, inlets and pipelines). • Water service operations (e.g., accounting for water usage, leakage, flushing; water reserves, infrastructure maintenance/replacement, water conservation); and • . Sewer facilities (e.g., lift stations and pipelines). City of Bellevue representatives, and other experts, stated that joint serving facilities are commonly used for utilities operations and would not cause changes to service quality or operations. Bellevue has considerable experience in utilities management as the City operates four separate and financially independent utilities, including solid waste, sewer, storm drainage and water services. Bellevue has also performed fiscal studies to measure financial impacts from the proposed Assumption to the City and to Coal Creek Utility District. The study considered several scenarios for allocation of the District's present/future expenses and revenues, as related to provision of services, management of physical equipment, and various employment plans for the District. Study findings confirmed that, while the District's existing economies of scale would be modified following the proposed Assumption, new economies of scale could be achieved that would benefit Coal Creek Utility District. The District would be able to remain financially viable and would be able to sustain levels of service at reasonable rates. The Assumption would provide streamlined government services as consolidation of providers facilitates cohesive policies, standards, service 7 amenities, and operations. A range of financial resources would be available to the District. The District could realize substantial benefits from Bellevue, through a Joint Operating Agreement. Bellevue has proposed an Agreement for management of assets and liabilities (e.g., equipment, structures, staff, water resources and financial resources). For example, Bellevue would make payments to the District for proportional shares of debt and operating expenditures. Bellevue proposes to pay a fair share of debt (e.g., bonds and loans), pay a wheeling charge, and participate in a proportional reduction in water and sewer costs in order to enable,the District to have sufficient resources to serve remaining District customers. The Bellevue proposal for an Agreement would include systems to implement both water usage accounting and water service operations. The proposed agreement also includes plans to provide for the jurisdiction in which the facilities are located to charge a reasonable rate for the service provided to the other jurisdiction. Bellevue representatives reported that the District would also receive other funds (e.g., GFC/LFC revenues, remuneration from Newcastle for storm water services). The District would have sufficient cash flow from rates to pay operating and capital costs. The District could also issue bonds. Excessive rate increases would not be required. Bellevue representatives reported that the District would require fewer staff to preserve current levels of service, to maintain infrastructure and to provide administrative support. Bellevue proposes to hire Coal Creek Utility District employees (7.5 FTE) who may be furloughed as a result of this assumption. In sum, Bellevue representatives reported that the proposed Joint Operating Agreement, in combination with other available resources, would enable the City and Coal Creek Utility District to continue to provide good quality, reliable water service at a reasonable cost for City residents and for remaining District customers. Speakers noted that Bellevue would be a reliable partner for the District. The City is a member of the Cascade Water Alliance. The City has an AAA bond rating. Bellevue has successfully implemented other, similar joint operating agreements to the benefit of the communities. Coal Creek Utility District: Coal Creek Utility District owns and operates its utility service facilities. Facilities include tanks, pump stations, and transmission lines mains, pipes, and similar structures. The District's has two reservoirs with a total capacity of more than five million gallons. These facilities provide for drinking water and for fire flow.The Water District has existing or pending contracts that guarantee water availability until the Year 2012. District representatives report that Bellevue's proposal for an interlocal agreement to control operations and finances is not sufficient to achieve compliance with RCW 35.13A.050. Specifically, the District provided data from a study comparing water service operations for the existing District and for the service area that would remain following the proposed assumption. That the study addressed state requirements (e.g., WAC 246.290 — Public Water Systems) with respect to water systems plans and operations, accountability, inventory of assets/liabilities and similar matters. District representatives presented findings for: (1) existing and projected water system population; (2) existing/projected water system connections; and (3) existing/projected water system ERU units. 8 District representatives reported findings that splitting the District would result in multiple serving facilities. More facilities would create complex issues for technical management and increase administrative costs. Further, District representatives stated that there would be numerous operational issues including metering requirements, old water/new water allocation, and limitations on the economically useful life of some facilities. For example, District representatives reported that Bellevue is proposing to install.direct customer meters to measure water use, however, the District would require master meters to account for water use as Bellevue experiences larger water loss/waste than occurs in the District system. Bellevue purportedly has no viable plans for water reserves, water conservation or infrastructure maintenance/replacement. Operations issues reportedly are not amenable to resolution through joint use facilities (e.g., reservoirs, pipelines, meters). Impacts would occur to both water and sewer systems. District representatives reported that an interlocal agreement to address operations issues is not acceptable to the District. The District also conducted a fiscal/accounting study to determine impacts from the proposed Bellevue Assumption. The study considered fiscal impacts to water and sewer service related to statutory requirements, division of assets/liabilities, potential utility rates (revenues/expenditures). Findings indicated that rates for total water service fees and taxes for remaining Coal Creek Utility District customers would likely increase significantly. These studies report that the District would lose water service fees received from approximately one- half of its current service base -- as the Assumption would reduce the District's service area from approximately 20,660 households to approximately 9,160 households. District representatives testified that agency expenditures would not be reduced parallel with the reduced service area. The District studies report that staffing levels and operating costs would remain the same or would be increased following the Assumption. The District would continue to need staffing at current (or expanded) levels to preserve services, maintain infrastructure, and provide for administrative operations. Speakers testified that District water rates would increase by 55.45% and sewer rates would increase by 22.89%. District representatives called for the Board to deny the Assumption because: (1) the action is not consistent with statutory criteria (RCW 35.31A.030); and (2) the assumption does not provide for improved services. Further; the District's current viability is based upon economies of scale that reportedly would be adversely impacted by the assumption—as resources would be reduced while costs increased per unit of service. . District representatives stated that if the Board does approve the assumption this action must be subject to the requirements of RCW 35.13A.040/.050. In that circumstance, District representatives contended that the Board must impose mitigation measures for allocation of physical and financial assets. Reportedly, the District could agree to the proposed assumption only subject to mitigation measures stipulated by the District. The District is calling upon the Board to impose conditions relating to: .(1) service area boundaries; (2). ownership and division of assets (e.g., infrastructure, equipment, financial resources); (3) allocation of water resources; and (4) responsibilities for administrative services. The District has also delineated Bellevue's fiscal responsibilities including direct payment to the District of$16,840,000.00, and additional payment for all costs related to the assumption. Pursuant to District conditions, Bellevue would be required to pay for installation of master meters and related improvements. Bellevue 9 would also be required to assume total or shared responsibility for contractual obligations, bonded indebtedness, loan repayment, and outstanding payables. The District would retain all employees. The District would stipulate ownership and operation of specific other facilities and services. Details of the District's mitigation requirements are described in the District packet (dated June 30, 2000). Citizens supporting the position of the District stated concerns about the ability of the District to continue to provide good service at a reasonable rate, as the Assumption would reduce the District's service area. District staffing would likely need to be decreased with a smaller service area. Resources would be reduced for monitoring operations and equipment for the District. The District would likely fail. District representatives stated that the City of Bellevue incorrectly concludes that the level of water service could be reasonably maintained following assumption. He concluded that the District would "never recover to pre-assumption levels". City of Newcastle: Mayor Sonny Putter reported that the City of Newcastle believes that Bellevue's proposed partial assumption of the Coal Creek Utility District is appropriate under the law. With Bellevue assuming water service for citizens of south Bellevue, the Coal Creek Utility District would continue to serve the entire City of Newcastle and a small portion of the City of Renton. Mayor Putter stated that the assumption need have little or no negative effect on the ratepayers in the resulting District — including Newcastle, Renton and unincorporated King County. He reported that data available concerning District assets/liabilities indicates that the assumption could result in benefits to the ratepayers. He explained that, if the District were to make some corrections to existing operating systems, service levels could be maintained and operations costs reduced following assumption. The assumption will hasten corrections needed to balance services and costs. Mayor Putter stated that data indicate that the proposed assumption will be most technically and fiscally reliable if the operating systems for water and sewer are retained as single physical structures. Mayor Putter also stated that rate increases, which have been needed to redress the existing imbalance, might also occur at the time of assumption. Corrections could be achieved by streamlining costs (e.g., reducing District staff to serve a smaller service area and transferring furloughed staff to Bellevue). The District has been relying upon new building fees to support existing uses. When development is complete, this funding source will cease. Rate increases at this time would forestall future, likely more substantial rate increases. Mayor Putter concluded that the City of Newcastle supports the right of the City of Bellevue to assume the portion of the Coal Creek Utility District that is within Bellevue's territorial boundaries. With a joint operating agreement, the District can continue to provide a good level of service at a reasonable fee. City of Renton: Gregg Zimmerman, P.E., Planning Manager reported that the Coal Creek Utility District currently serves approximately 250 households in northeast Renton. Mr. Zimmerman reported that Renton has been satisfied by the District's level of service, facilities and fiscal structure. The City of Renton has the obligation to ensure that its citizens will continue to receive quality, reliable water service at reasonable rates. Renton believes that Bellevue would also be an excellent service provider. Mr. Zimmerman stated, however, that assurance does not seem to be available concerning 10 services for Renton following an Assumption. Mr. Zimmerman noted that the disparate results from technical and fiscal studies conducted for Bellevue and for the District are the source of concern. Mr. Zimmerman reported that Renton would be willing to support the assumption if this action is to be for the good of the customers. Customers should receive benefits commensurate with costs of Bellevue's assumption from the District. PROSPECT OF GOVERNMENT SERVICE FROM OTHER SOURCES: The record for File No. 2066 reports that Coal Creek Utility District is currently providing satisfactory water and sewer service to its existing Service Area. Testimony generally indicated that the District's systems and infrastructure are relatively new and function well. The District could continue to provide water services to this area. However, state and regional guidelines encourage municipalities to provide local services. Bellevue currently provides all municipal services—except for these utilities— to its citizens in the southern section of Bellevue. Considerable testimony reported that Bellevue has technological and fiscal resources to provide local services and should be permitted to provide consolidated, convenient, consistent, reliable services. City of Bellevue representatives, City of Newcastle officials, public agency representatives, and residents and business owners in the proposed assumption area attested to the importance of coordinating all public utilities under a single local government as one method to provide responsible, responsive public services. OTHER MUNICIPAL SERVICES: Materials in File No. 2066 report that the City of Bellevue Assumption is proposed for the purpose of providing local utility service to residences and businesses within Bellevue corporate limits (and including the small unincorporated area within Factoria). The City of Bellevue currently provides all other municipal services (e.g., sewer services, fire protection, police) to Bellevue residents. Coal Creek Utility District would continue to provide water and sewer services to its remaining customers following the proposed Assumption. There would be no change in fire protection service as a result of the proposed Assumption. Water systems would continue to provide reliable fire flow. EFFECTS OF PROPOSAL RCW 36.93.170(3) directs the Board to evaluate issues related to effects of the proposal. For File No. 2066, the Board considered the following issues to be applicable: the effects of the proposal or alternatives on adjacent areas, on mutual economic and social interests, and on the local governmental structure. Following is a brief review of key issues related to each applicable element. MUTUAL ECONOMIC AND SOCIAL INTERESTS/LOCAL GOVERNMENT STRUCTURE: The record for File No. 2066 considers effects to economic and social interests and to local government structure. The record reflects diverse views concerning economic and social impacts that could result from approval or denial of the proposed Assumption. City of Bellevue representatives report'that Bellevue citizens wish to receive all utility services from the City of Bellevue. Community members (residents and business representatives) testifying to the Board favored Bellevue's proposal for Assumption. Those testifying reported a variety of reasons for favoring Bellevue control of the municipal water system. Generally, Bellevue citizens believed that receiving services from a sole provider would enhance their link with the City. The City would continue 11 provide quality services. They indicated appreciation for convenient access to Bellevue City staff, uniform service levels, coordinated administrative services, and more efficient operations. Several speakers addressed service rates. The majority of speakers reported their opinion that, with Bellevue as the service provider, fees would continue at essentially current rates. If rates were to be raised, then most speakers believed that increases would be modest to both Bellevue residents and to reek District customers. Coal Creek Utility District representatives reported that, while state guidelines permit local providers to assume service responsibilities from regionalproviders, there is no rationale for assumption at this time. The District is a viable agency that provides a good level of service at a reasonable rate. Ratepayer satisfaction has been confirmed through a community survey completed by the Hebert Firm. Considerable testimony—from Coal Creek Utility District representatives and customers -- confirmed that the community is pleased with the District's service and that current rates are equitable: Some persons, reported that Bellevue's efforts to "fix" a system that is not broken, would actually result in a broken system. Coal Creek Utility. District representatives stated that agency viability is based upon economies of scale that would be adversely impacted by the Assumption. District studies find that resources would be reduced, but that costs would continue at the current rate or at an increased rate for each unit of service. Preservation of service levels would require substantial rate increases. District staff could lose employment. District supporters testified that the Bellevue City Council and the Newcastle City Council decisions to support the assumption conflict with overall citizen interests. Some speakers reported that Bellevue citizen preference for receiving services from a single provider is not a valid issue. Opinions were expressed that the District would fail as a service provider with the loss of its customer base from Bellevue. City of Bellevue representatives reported that, while existing economies of scale would be modified following an assumption, new economies of scale could be achieved that would benefit the Coal Creek Utility District. Specifically, based upon results of engineering and fiscal analyses, Bellevue has proposed the framework of a plan for allocation of physical assets, for fiscal management and for mitigation that will provide reasonable benefit to Coal Creek Utility District. Bellevue suggests that this framework plan should become the centerpiece of an interlocal agreement that would enable the District to have sufficient resources to serve remaining District customers. Mayor Putter, speaking on behalf of the City of Newcastle, reported that his work as a mediator with the City of Bellevue and Coal Creek Utility District confirms the validity of the Bellevue study findings that the District could continue to function successfully following the proposed Assumption. Specifically, the Assumption need create little or no negative effect on the resulting District — including Newcastle, Renton and unincorporated King County. Newcastle supports the right of the City of Bellevue to assume the portion of Coal Creek Utility District that is within the Bellevue's boundaries. Gregg Zimmerman reported that Renton is concerned that "economies of scale" could be at risk if Bellevue were to assume a substantial portion of the District. If negative outcomes are going to occur, those outcomes should be as a result of necessity. This assumption does not appear to arise from necessity. 12 • OBJECTIVES The Boundary Review Board has considered the objectives prescribed in RCW 36.93.180, a follows:. RCW 36.93.180 (1) Preservation of natural neighborhoods and communities This objective calls for preservation of neighborhoods. The proposed Assumption will provide for services from the City of Bellevue to those areas within the city's boundaries. The City provides a sense of identity and forms a cohesive community. At the time of annexation of the south Bellevue area, the City made a commitment to provide consolidated local services to this portion of the community. Citizens would receive uniform services. Services from a sole provider would enhance citizens' relationships with other portions of the community and with city government. Citizens can more conveniently access Bellevue City staff. Coordinated .services are more convenient for the provider and the customer. The Boundary Review Board concludes that this application advances the objective specified in RCW 36.93.180 (1). RCW 36.93.180 (2) Use of physical boundaries, including but not limited to bodies of water, highways, and land contours The proposed Assumption Area is identified by a legal boundary (i.e., a section line) through an area within the city of Bellevue, rather than by distinct physical boundaries. The proposed Assumption Area boundaries are primarily defined by the municipal border of the City of Bellevue. The Assumption Area would also include a small, unincorporated island in Factoria. This island is part of Bellevue's Potential Annexation Area as demarcated in the Bellevue Comprehensive Plan. The Coal Creek Utility District water and sewer systems transcend boundaries of Newcastle and Bellevue. The City of Bellevue proposes to maintain those systems as a single unit. The City proposes to develop an agreement with the District for operating, maintaining and financing services based on the existing systems. The Boundary Review Board concludes that this application will have a neutral impact upon the objective specified in RCW 36.93.180 (2). RCW 36.93.180 (3) Creation and preservation of logical service areas The proposed Assumption is consistent with the concept of the creation and preservation of logical service areas. Specifically: (a)the City of Bellevue has regulatory authority and responsibility to provide public services to all of its citizens; (b) the consolidation of all lands within a City's boundaries provides for a logical service area; (c) the City of Bellevue has sufficient technological capacity and financial resources to provide water services; and (d) the Assumption reflects the preference of property owners for receiving water from a local service provider. Further, following an assumption, Coal Creek Utility District would continue to retain a logical service area — contiguous areas of the City of Newcastle, the northeast City of Renton, and a small portion of unincorporated King County. The District will have sufficient technological capacity and financial resources to provide water services to these customers and to future customers in these areas. 13 The Boundary Review Board concludes that this application will have a neutral impact upon the objective specified in RCW 36.93.180 (3). RCW 36.93.180 (4) Prevention of abnormally irregular boundaries The City of Bellevue's proposed Assumption Area boundary would coincide with the City's existing municipal border. As the boundary of the Assumption Area matches the Bellevue municipal boundaries, and is solely for the purpose of providing water, there are no anticipated negative impacts related to the form of the boundaries. The Boundary Review Board concludes that this application will have a neutral impact upon the objective specified in RCW 36.93.180 (4). RCW 36.93.180 (5) Discouragement of multiple incorporations RCW 36.93.180 (5) is not applicable to Bellevue's proposed Assumption. RCW 36.93.180 (6) Dissolution of inactive special purpose districts RCW 36.93.180 (6) is not applicable to Bellevue's proposed Assumption. RCW 36.93.180 (7)Adjustment of impractical boundaries RCW 36.93.180 (7) is not applicable to Bellevue's proposed Assumption, as the affected Area does not propose the adjustment of impractical boundaries. RCW 36.93.180 (8) Incorporation as cities or towns or annexation to cities.or towns of unincorporated areas which are urban in character RCW 36.93.180 (8) is not applicable to Bellevue's proposed Assumption. RCW 36.93.180 (9) Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority RCW 36.93.180 (9) is not applicable to Bellevue's proposed Assumption as the affected Area does not include or concern any agricultural lands. CONSISTENCY WITH THE GROWTH MANAGEMENT ACT State law provides in RCW 36.93.157 that Boundary Review Board decisions must be consistent with three sections of the Growth Management Act: RCW 36.70A.020 Planning Goals RCW 36.70A.110 Urban Growth Areas RCW 36.70A.210 Countywide Planning Policies With respect to the proposed Bellevue Assumption, the key Growth Management issues involve the Countywide Planning Policies pertaining to municipal services (RCW 36.70A.020 and RCW 36.70A.110). Also, RCW 36.70A.210 requires that the county adopt Countywide Planning Policies in cooperation with the cities. This has been accomplished in King County, where the Countywide Planning Policies were adopted by King County and ratified by the cities within the County. File No. 2066 addresses Growth Management Act policies, King County Comprehensive Plan policies, and City of Bellevue Comprehensive Plan policies. 14 The Growth Management Act policies that guide the provision of public services and that are relevant to the proposed Assumption include: ❑ RCW 36.70A.020 (1) encourages development in urban areas where adequate public facilities and services exist or can be provided efficiently. ❑ RCW 36.70A.020 (10) calls for protecting and enhancing the environment, quality of life and water availability o RCW 36.70A.020 (12) intends to ensure that adequate public services and facilities are available to serve land use developments o RCW 36.70A.110 (4) states that"(in) general, cities are the units of local government most appropriate to provide urban ...services." o RCW 36.70A.210 (1) states that cities are primary providers of urban governmental services within urban growth areas The Growth Management Act is the guide to the King County Comprehensive Plan. Policies in the King County Comprehensive Plan provide for: (a) development within the overall Urban Growth Area; and (b) environmental protection and enhancement. King County Comprehensive Plan goals support local governments in their efforts to provide coordinated municipal services. The Plan also has several policies that support public facilities and services (Exhibit C). For example, King County Goal FW-10 calls for protection of water quality/quantity. King County Goal FW-12 ensures the provision of adequate services and facilities to serve development permitted by the King County Plan. King County Policy FW-13 states that cities are the appropriate providers of local urban services to Urban Areas either directly or by contract. Within.the Urban Area, as time and conditions warrant, cities should assume local urban services provided by special purpose districts. Additional King County Comprehensive Plan/Countywide Policies that set criteria for providing public services include FW-29 and FW-30 address identification and coordination of needed services among jurisdictions. Other relevant general policies are provided to ensure a full-range of services, efficient use of facilities, cost-effective services, and the development of strong, interrelated communities.. These policies include CO-1, CO-2, CO-3, CO-4, CO-5, CO-6, and CO-10. The proposed Assumption is also based upon the City of Bellevue Comprehensive Plan. The City of Bellevue Comprehensive Plan includes numerous policies supporting provision of municipal services (Exhibit D). For example, Policy UT-8 states that "(t)he City should own and operate all publicly-owned utility services within the City's boundaries...". Similarly, Policies UT-2 and UT-10 address management and operations of utility systems. Other policies address environmental protection, permit appropriate infrastructure, and provide similar guidelines. Bellevue's Comprehensive Water Plan (1998) and Sewer Plan (1994) also call for the City to provide coordinated services within City limits. The record for File No. 2066 indicates that the City of Bellevue Assumption proposal is consistent with the intent of the Growth Management Act, the King County Comprehensive Plan/Countywide Policies and the City of Bellevue Comprehensive Plans. These state, regional and local regulations encourage local governments, rather than special purpose districts, to assume responsibility for providing municipal services. Under the proposed action, the City and District could reportedly ensure that local 15 services are provided to address current water service needs, provide for future users, and protect the environment. Additionally, under the State Environmental Policy Act (WAC 197-11), environmental review documents were prepared for this Assumption. The environmental review anticipates no significant negative environmental impacts from this action. The Department of Ecology has reviewed the environmental documents. These documents were finalized in 1999. DISCUSSION AND DELIBERATIONS The Boundary Review Board based its review of the proposed City of Bellevue Assumption of a Portion of the Coal Creek Utility District (File No. 2066) upon the record of written documents and oral testimony. The Board's deliberations were directed to the state, regional and local regulations relevant to the proposed action. The Board focussed upon RCW 36.93 (Boundary Review Board Enabling Act); RCW 36..70A (Growth Management Act), King County Comprehensive Plan/Countywide Policies; City of Bellevue Comprehensive Plans, RCW 35.13A (Water and Sewer Services), and other relevant regulations and guidelines. The role of the Boundary Review is to implement these existing laws; the Board does not have the authority to make law or policy. Following a review of the File No. 2066 record, the Boundary Review Board finds that the materials submitted pursuant to the City of Bellevue application and the materials submitted pursuant to the position of Coal Creek Utility District are extensive and detailed in their content. The District and the City have provided considerable bodies of material supporting their divergent positions. However, the Board agreed that, on balance, Bellevue is correct in stating that the record provides convincing documentation that both the City and the District could be viable service providers following the proposed Assumption. The City of Bellevue has provided background analyses, study findings, and recommendations for future actions (e.g., mitigation proposals for division of assets/liabilities, future service operations, equipment maintenance, funding) that are more credible than similar documentation provided by the Coal Creek Utility District. The Board came to its position with respect to the Assumption based upon an analysis of the record for File No. 2066. This analysis is summarized herein. Based upon a review of the File No. 2066 record, Boundary Review Board members agreed that Coal Creek Utility District is currently providing satisfactory service to customers in Bellevue, Newcastle, and Renton. Board members agreed, also, that the record confirms that the law encourages cities to provide services. For example, the proposed Assumption is supported by the Growth Management Act (RCW 36.70A). Specifically RCW 36.70A.110 (4) states that "(in) general, cities are the units of local government most appropriate to provide urban ...services". RCW 36.70A.210 (1) states that cities are primary providers of urban governmental services within urban growth areas. Further, King County's Comprehensive Plan/Countywide Policies FW-13 states that "cities are the appropriate provider of local urban services to Urban Areas...within the Urban Area, as time and conditions warrant, cities should assume local urban services provided by special purpose districts." The City of Bellevue Comprehensive Plans also support the City's commitment to provide local services to all of its citizens. Based upon review of the File No. 2066 record, the Boundary Review Board members considered the proposed Assumption with respect to the provisions of RCW 35.13A. The Board agreed that the law addresses land valuation requirements for assumption, 16 however, the regulations do not specify the vesting date for an application for assumption. Thus, there is not a basis in law for determining whether RCW 35.13A. requires a city to meet the threshold of 60% of the land value at the date of application, at the date of public hearing or at the date of assumption. In situations where the law is unclear, the Board must use its best judgment. Several Board members stated that Bellevue's legal argument for vesting at the date of application is more persuasive than the District argument that the City has not met the 60% threshold required under RCW 36.93.030. The Board agreed that, even if Bellevue's application does not meet the requirements of RCW 35.13A.030, the application is consistent with RCW 35.13A.040, which permits assumption with a lesser land valuation threshold. The Boundary Review Board reviewed File No. 2066 with respect to its central responsibility to consider RCW 36.93.170 Factors and RCW 36.93.180 Objectives. The Board members identified and deliberated upon a range of issues as described herein. In summary, the Boundary Review Board members agreed that the City of Bellevue proposal is consistent with RCW 36.93.170 Factors that are applicable and that affect the proposal. These Factors include, but are not limited to: land area and land uses; comprehensive plans; topography and natural boundaries and drainage basins; municipal services; costs and adequacy of services, future needs/controls for services; effect on financial operations; effects on mutual economic and social interests and effects on local governmental structures. Boundary Review Board members also agreed that the proposed Assumption advances RCW 36.93.180 (Objective 1), which calls for preservation of natural neighborhoods. The southern section of the City forms a natural neighborhood/ community. The proposed Assumption is reported as being neutral with respect to RCW 36.93.180 (Objectives 2-4) in that the legal boundaries of the Assumption Area are formed by municipal borders which provide for logical boundaries and a logical service area. RCW 36.93.180 (Objectives 5-9) are not applicable to the proposed Assumption. More specifically, with respect to RCW 36.93.170 and RCW 3693.180, Board members considered economic issues as the greatest challenge due to the anticipated shift in the economies of scale that is anticipated as a result of assumption. The Board determined that effects could occur to the economic and social interests of the communities with either Bellevue or Coal Creek Utility District as the water service provider. The preponderance of credible information indicated that Bellevue citizens (11,500 customers) would benefit from the proposed Assumption and that Coal Creek Utility District could continue as a viable service provider—providing good service at reasonable rates --for the remaining approximately 9,160 District customers. The District's viability will likely be enhanced by an interlocal agreement (e.g., Joint Operating Agreement) with the City of Bellevue to address coordinated management of facilities, engineering requirements, fiscal administration and staff organization. For example, for File No. 2066, Bellevue provided technical/engineering operations studies and fiscal studies for the Assumption. The Board agreed that these studies provide a reasonable assessment-of likely technical/engineering impacts and fiscal impacts from the Assumption to the City of Bellevue and to the District. Study findings determined that there would continue to be a fee for water service to both City of Bellevue customers and Coal Creek Utility District customers. Following Assumption, total water service fees and taxes for the City of Bellevue would be similar to current fees. There would be no changes to tax assessments or to property taxes. 17 Data indicate that the both the District and the City of Bellevue could likely realize a balance between revenues and expenditures. Bellevue could achieve this balance immediately. The District would experience a short-term reduction in revenues (e.g., user fees). However, new revenues would be available to the District over time from new customers in the growing community of Newcastle. District expenditures would bereduced based upon the smaller Service .Area. District expenditures could also be reduced by streamlining operations and by reasonable staffing reductions. With the smaller Service Area, the District would require fewer staff to preserve current levels of service, to maintain infrastructure and to provide administrative support. Bellevue proposes to hire Coal Creek Utility District employees who may be furloughed as a result of this assumption. Further, based upon study results, Bellevue has proposed a Joint Operating Agreement with the Coal Creek Utility District. This Agreement would maintain existing unified physical structures (joint serving facilities) for providing services. It would also address water use measurement, and water usage accounting (e.g., metering). It would provide for operations; maintenance, repair and replacement of facilities. The Joint Operating Agreement would also provide the District with substantial resources to serve current customers and to accommodate future growth anticipated in the remaining Service Area. For example, Bellevue proposes to pay,a fair share of debt (e.g., bonds and loans), pay a wheeling charge, and participate in a proportionate reduction in water and sewer costs. Payments would compensate for shares of debt and operating expenditures. The District would receive other funds (e.g., GFC/LFC revenues, remuneration from Newcastle for storm water services). The District could also issue bonds. The Boundary Review Board concurs with the City of Bellevue study findings reporting that the above-listed technical/engineering measures would: (1) provide for safe, efficient management of equipment/operations; and (2) support continuing quality customer services. The Board agreed that Bellevue's proposed funding measures would likely provide sufficient income to allow the District to maintain current rates. If increases in rates were necessary, only modest rate changes need be required. Excessive rate increases would not be required. With the reduction of costs and with the various available revenue sources, the District would reasonably be expected to have sufficient cash flow from rates to pay operating and capital costs. Coal Creek Utility District has reported that a Joint Operating Agreement with Bellevue proposal is unacceptable. The District reports that joint operations cannot be successful. The District has proposed an extensive mitigation plan for meeting engineering requirements, for fiscal management and for staffing which essentially preserves the District's present operational structure, facilities and funding base. The Boundary Review Board finds the Bellevue proposal for a Joint Operating Agreement to be more reasonable than the mitigation plan advanced by Coal Creek Utility District. Bellevue has strong track record of creating and implementing successful Joint Operating Agreements for Assumptions to the benefit of providers and consumers. Similar interlocal agreements guide operations of several cities and/or special purpose districts. Materials in the File No. 2066 record provide substantial documentation that, with the Joint Operating Agreement proposed by Bellevue, City residents would benefit from local services and the District could continue as a viable service provider. 18 The Boundary Review Board also has an obligation to consider timeliness to ensure orderly transition with respect to actions. There .was discussion concerning the timeliness of the proposed action. There is general consensus that the District is providing effective services at this time and, thus, there is no compelling issue (e.g., public health/safety impact, structural failure, fiscal failure) forcing the Assumption. However, the majority of the Board viewed the Assumption application as being timely because the original plans for transition from District services to municipal service were formulated seven years ago. From that date, there has been continuing discussion concerning methods to implement an Assumption. Further, since November 1999, when Bellevue submitted the assumption proposal to the Boundary Review Board, City of Bellevue representatives have been meeting with Coal Creek Utility District representatives in mediation sessions. These sessions, led by Mayor Putter of the City of Newcastle, were held to consider options for plans to implement the proposed Bellevue Assumption and to establish a Joint Operating Agreement. Representatives from the City of Newcastle and the City of Renton have also participated in meetings and/or been informed of the content of these mediation sessions. Bellevue and the District have not reached consensus to date. The District is reluctant to enter into an Agreement. The Board suggests that the parties must continue to work together to achieve a Joint Operating Agreement to implement the services.to be provided by City of Bellevue/Coal Creek Utility District. • The City of Newcastle supports the right of the City of Bellevue to assume the portion of the Coal Creek Utility District that is within Bellevue's territorial boundaries. The City of Renton would support the proposed assumption, if assurances were available concerning the quality of future services, reliability of facilities, and reasonable fees. CONCLUSIONS: The Boundary Review Board agrees that the application of the City of Bellevue to Assume a Portion of the Coal Creek Utility District demonstrates that the proposed action is consistent with: (1) the pertinent objectives specified in RCW 36.93.180; (2) the pertinent factors specified in RCW 36.93.170; (3) the pertinent regulations specified in RCW 35.13A; (4) the pertinent regulations specified in RCW 36.70A (Growth Management Act); (5) the , pertinent sections specified in the King County Comprehensive Plan/Countywide Policies; (6) the pertinent sections specified in the City of Bellevue Comprehensive Plan; and (7) other pertinent state and local regulations. The application is timely based upon the current and historical commitment of the City of Bellevue to provide municipal services. The Assumption can be accomplished in a manner that will enable both the City of Bellevue and Coal Creek Utility District to provide quality, reliable water service at a reasonable cost. Based upon the evidence presented in File No. 2006, the Washington State Boundary Review Board approves the Notice of Intention of the City of Bellevue to Assume A Portion of the Coal Creek Utility District that is within the City of Bellevue. 19 NOW, THEREFORE, BE IT RESOLVED BY THE WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY THAT, for the above reasons, the action proposed in the Notice of Intention contained in said File No. 2066 be, and the same is, hereby approved as described in Exhibits A and B attached hereto and incorporated herein by reference. ADOPTED BY SAID WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY by a unanimous vote on this 17th day of August, 2000, and signed by me in authentication of its said adoption on said date. • WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY LLOYD E. BAKER, Chair FILED this $Tw day of , 2000 BY: Lenora Blauman, ;xecutive Secretary 20 EXHIBITS A. Legal Description of Assumption Area B. Map of Assumption Area Boundaries 21 • • COAL CREEK UTILITY DISTRICT DESCRIPTION That portion of Sections 8, 9, 16, 17, 20, 21, 27, 28 and 29, Township ,24 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at the intersection of the centerline of Primary State Highway No. 2 and the East line of said Section 9; thence Southerly along said East line and the East line of said Sections 16, 21 and 28 to the Easterly margin of Coal Creek Parkway S.E. ; thence Southerly along said Easterly margin to the South line of the North half of the Southeast quarter of the Northeast quarter of said Section 28; thence Westerly along said South line to the Northerly margin of S.E. 69th Street; thence Northwesterly and Westerly along said Northerly margin to the East margin of 116th Avenue S.E; thence Northerly along said East margin to the Easterly extension of the North margin of S.E. 68th Street; thence Westerly along said Easterly extension and North margin to the East margin of 112th Avenue. S.E. ; thence Northerly along said East margin to the South line of the North 30. 00 feet of the Northeast quarter of said Section 29; thence Westerly along said South line to the Centerline of Right of Way, as shown on the S.R. 405, Kennydale North, sheet 3A of 4, dated July 17, 1951; thence Northerly along said centerline to the Easterly extension of the North line of Lot 35, Block A, C.D. Hillman' s Lake Washington Garden of Eden Addition to Seattle Division No. 3, as recorded in Volume 11 of Plats, Page 81; thence Westerly along said Easterly extension to the Northeast corner of said Lot 35; thence continuing Westerly along the North line thereof and the Westerly extension of said North line to the Inner Harbor Line of the East shoreline of Lake Washington, as shown on sheet 30 of the State of Washington Commissioner of Public Lands, Maps of Lake Washington Shore Lands, filed in the office of the Commissioner of Public Lands, September 19, 1921; thence Northerly along said inner harbor line to an angle point 47 .78 feet Southeasterly of the Easterly most corner of the Waterway, as shown on sheets 31 and 32 of said shore lands maps; thence Northerly to the intersection of the shoreline of Lake Washington and the Westerly shoreline of Mercer Slough, as described in King County Superior Court Cause No. 793266; thence Northeasterly along said Westerly shoreline of Mercer Slough to the centerline of Primary State Highway No. 2; thence Easterly along said centerline to the Point of Beginning. FILE NO. 2066 - CITY OF BELLEVUE - COAL CREEK. UTILITY DISTRIC1T AS$DU TION MN/11-4-99 qq bl<41 EXHIBIT A RECEWED �` �� �ii r>4 NOTICE OF INTEL{ Q�{e Bounaary Revi•w —J -�__— ;- �!°t Assumption of Coal Creek Utility'3Df3t�cf% ng Cu. diq �'I/!� �� By the City of Bellevue Washington t / i n ' . 7 / Il ,•` ' t ,-• � �► PROJECT AREA 4.4k, _ ' is + ? j���i I INCH=3000 FEET, 1:36,000 i,, :'\y J.0 t A. , - j\f/j - - i i I \,,, ..."-4/ „.<>,P4 .,_,-A, ,--. ,. \_-----, . A..._(t ;.',-' -d. 4 p:TZ.Z4Z 4, .1 i x„ • ,t ,JP.fr.tecite0044%Is, �@ /if // ♦ O �.. ' z' KING I . , .111; 141:t . AP41; 01,1%A \ \. r--1---. COUNTY L S .t. , \ 7 „ ,Ii / 8 41$0:4 St** \N)., , , \ , IV '/OAS 4V44 ' 404*. 4A41 0 4.1 \ . .'—— • � •� � 4,1.40..441,410" .4.1- . �► = BELLEVUE -,....,„ ,0,04777 1%4 • DRNE �i I�. ft , �" SE63RDST _ 4 _ �' � _ • .iT Aa j 1 � SE6�liST. _ s -, ..*" �uC Xpp, ,'N r-\‘'. t • I) r _ 1 r S' �— s J~ i f • - '.it 1 1 C: I r ,t. :=N. lAdf P - ` ', } t { --;.`'- •1 • BOP K 1 - u • • I •• •• . = • I Vii•` • SEBROf Sf 1 R\•ENTON 1 _ ".5 �. 1 - 1 a 1,- ---.,.-4,...N G r \, i KIN C �-- K G CO NTY:_ ;: s_. I L_ I .CO:'iNTY I -I COUNTY LEGEND -e--�-_ ® rO9 1 >', Portion of Coal Geek , r--—" : C' _I Utility District that I I I 1 Bellevue wants to assume , , r-— r3Boundary of Coal 6-J , ...„„,, Creek Utility District 7---i /1 City lints(may be RENT 0 N _J ' I �/\. I generalized outside I\ I area being assumed) -1 EXHIBIT B CITE OF RENTON ?®�; Mayor Jesse Tanner June 29,2000 CITY OF RENTON Washington State Boundary Review Board JUN 3 O 20�� Central Building,Suite 608 810 3rd Avenue RECEIVED Seattle,WA 98104-1693 CITY CLERK'S OFFICE SUBJECT: CITY OF BELLEVUE PROPOSED PARTIAL ASSUMPTION OF COAL CREEK UTILITY DISTRICT(FILE NO.2066) Dear Boundary Review Board Members: The City of Renton Mayor and Council have approved and signed the attached letter for transmittal to the City of Bellevue(letter dated June 22,2000). This letter summarizes Renton's concerns about potential negative impacts of the proposed partial assumption on the remaining District customers some of whom are Renton residents. Renton has discussed this position with both Bellevue and the District in hopes that they can arrive at solutions to avoid these impacts before the July 13 Boundary Review Board hearing. The Boundary Review Board is being provided with a copy of Renton's letter to make sure that the Board is aware of Renton's concerns in the event that these concerns are not adequately addressed by Bellevue prior to the.:. hearing. In addition,Renton would like to offer the following written testimony for submittal to the Boundary Review Board to meet the June 30 deadline: Rate and Level of Service Concerns Both the District and Bellevue have provided financial information to the City of Renton, however,this data is inconsistent. The District has stated that the partial assumption,as proposed by Bellevue,will cause a water rate increase of 55%and a sewer rate increase of 23%for the remaining District customers. Bellevue has stated that the proposed assumption will lead to a 27%revenue shortfall or a 12.2%revenue shortfall depending on the number of employees that the District retains. Earlier this year,Bellevue stated that the assumption would lead to a$110 per year increase per connection for the remaining District customers. In the worst case,it appears that rates could increase up to 55%for water and 23%for sewer with no apparent benefit or improvement in service. Renton is very concerned about rate increases of this magnitude with no commensurate benefits to the remaining Coal Creek Utility District customers. Bellevue has stated that the District could reduce the number of employees to 12 from their current level of 21.5 and not.have any rate impact. The District has stated that they have purposely avoided hiring any new staff for over five years due to the possible assumption and workload analysis indicates that they need approximately 26 employees to provide a high level of service.Although Renton is not taking a position at this time on optimal staffing levels at the Coal Creek Utility District,we are concerned that large reductions in staff could unduly impact the current high service levels provided by the District. H:Div/Util/Lys/ccudletbrb 1055 South Grady Way - Renton, Washington 98055 - (425)430-6500 /FAX(425)430-6523 ®This paper contains 50%recycled material,20%post consumer ► r , June 29,2000 Page 2 In the next two weeks,we hope to reach an agreement with both the District and Bellevue to work out these concerns. If the proposed partial assumption can be implemented in a way that would prevent large rate increases and/or significant service reductions,then Renton's stated concerns will have been addressed. Thank you for the opportunity to submit our concerns. Sincerely, D'6 J e Tanner Mayor Enclosure: Letter to Bellevue dated November 1, 1999 Letter to Bellevue dated June 22,2000 cc: Renton City Council ' _ Newcastle City Council Bellevue City Council Coal Creek Utility District Commissioners Tom Peadon,CCUD Manager Lloyd Warren,Bellevue Utilities Director Jay Covington Gregg Zimmerman Lys Homsby I:\O f cef o lders\M A YO R\Correspondence\2000\ccud letb rb.doc\cor • • APPROVED BY .. . CITY COUNCIL • ` Date -XI-� •UTILITIES COMMITTEE COMMITTEE REPORT June 26,2000 ,Proposed Assumption of Coal Creek Utility District by the City of Bellevue (September 20, 1999) Utilities Committee recommends that the Council approve sending a letter on behalf of the City of Renton in response to potential rate increases and level of service concerns resulting from the proposed partial assumption of the Coal Creek Utility District by the City of Bellevue. Utilities Committee also recommends that the Council authorize the Council President to sign the letter for transmittal to the City of Bellevue and the Boundary Review Board. • Dan Clawson, Chair Kathy -olker-Wheeler,Vice Chair • imothy J. Sc - ,Mem.er S • cc: Gregg Zimmerman Lys Hornsby- ..ucrccudlet\ ♦/ , A CI' ( OF RENTON 41 .rt Mayor Jesse Tanner June 22,2000 Honorable Mayor Chuck Mosher City of Bellevue Council Office P.O.Box 90012 Bellevue,WA 98009 SUBJECT: CITY OF BELLEVUE PROPOSED PARTIAL ASSUMPTION OF COAL • CREEK UTILITY DISTRICT Dear Mayor Mosher: • Thank you for meeting with City of Renton Utilities Committee Chairman Dan Clawson and city staff members on Monday,June 19,2000 to discuss Bellevue's proposed partial assumption of the Coal Creek Utility District(CCUD). We appreciate the time and effort that Bellevue has expended to inform Renton about the provisions and impacts.of the proposed assumption and we now have a better understanding of the advantages the City of Bellevue would receive. Arnong others,these advantages include improved ability to match utility infrastructure with land use demands,and assurance that there is policy consistency between the utility provider and the City of Bellevue. However,we remain concerned about the disadvantages that this assumption may bring to District customers in Renton,Newcastle,and the outlying areas." Renton currently has approximately 150 households that are CCUD customers,and this number could rise to 600 to 800 households in future years as infill development progresses and saturation densities are reached. We are concerned about the impact that the partialassumption could have both on the level of service and utility rates for the remaining District customers. According to the numbers that you have provided,should CCUD retain their current staff level of 21.5 FTE's,there would be a continuing revenue shortfall of 27%as a result of the partial assumption. This revenue shortfall could be lessened if CCUD reduced their staff proportionately to the reduction in customer base, or 16 Fres. Should CCUD reduce their staff to 16 FTE's,there would still be a continuing revenue shortfall of 12.2%. Loss of developer charge revenue in portions of the District within Bellevue also add to the revenue shortfall situation. It is presumed that significant rate increases will be needed to offset these revenue shortfalls. On-the other hand,we believe staff reductions to a level to fully offset the revenue shortfall will result in an unacceptable reduction in the level of service that the District provides. The City of Renton will not support a partial assumption that impoverishes the remaining District and results in significant rate increases without commensurate benefit to the customers. Nor will we support a partial assumption that keeps utility rates stable,but results in unacceptable reductions in service levels. Based upon the information you have provided to us,you have requested that Renton refrain from opposing Bellevue's partial assumption of CCUD when the Boundary Review Board meets to consider the assumption action in July. We would like to avoid the necessity of providing opposing testimony before the Boundary Review Board. However,the proposal currently on the 1055 South Grady Way - Renton,Washington 98055 - (425)430-6500 /FAX(425)430-6523 .w _. �„m , June 22, 2000 Page 2 table will apparently result in either significant rate increases for the CCUD customers in Renton, Newcastle and the outlying areas,or in unacceptable.loss in service levels,without any mitigating benefits to these customers. Under these circumstances,it is our duty to our citizens to oppose this proposal. We urge Bellevue to commit to a proposal for the partial assumption of the Coal Creek Utility District that will neither unduly raise utility rates nor unacceptably lower service levels for customers in Renton and elsewhere. Should Bellevue provide us with such a proposal, we will be pleased to support this approach before the Boundary Review Board or other forums. We hope that our two cities will be able to reach an accord on these issues in the coming weeks. Thank you. Sincerely, c71:64.0)4-1 esse Tanner R 'dy Corman Mayor Council.President 00-081/GZ/JT:mp • cc: Bellevue City Council - Newcastle City Council - Renton City Council Coal Creek Utility District Commissioners Lloyd Warren,Bellevue Utilities Department Director Jay Covington Gregg Zimmerman Lys Hornsby • • ;._�. + CTI, i OF RENTON .- . Mayor Jesse Tanner • November 1,1999 Honorable Mayor Mike Creighton City of Bellevue Office of the Mayor Post Office Box 90012, Bellevue,WA 98009-9012 • SUBJECT: Proposed Assumption of Coal Creek Utility District Dear Mayor Creighton: On October 26, 1999, the Renton City Council voted to draft a letter and resolution stating Renton's opposition to the City of Bellevue's proposed assumption of the Coal Creek Utility District(CCUD). A copy of the resolution approved at our November 1, 1999, council meeting is enclosed for your information. • We understand that it is Bellevue's preference to assume the entire district. However, the City of Newcastle's.recent decision.to oppose assumption within the Newcastle city limits would result in • a partial assumption of the district by Bellevue: While the City of Renton recognizes and supports the Growth Management 'Act provisions.and Countywide Policies indicating that cities are the preferred utility service providers,the specific circumstances of the CCUD and ratepayers must be considered. Data provided to Renton by Bellevue staff indicated rate increases of more than $100 per year to the remaining CCUD customers with few or no benefits identified, solely due to dividing the District as proposed under the partial assumption option. Rate increases could be significantly higher than the$100 estimated, depending on the outcome of the negotiations between CCUD and the City of Bellevue. Findings in Bellevue's Assumption Study indicate that CCUD is financially sound,' has conscientiously addressed planning requirements and infrastructure improvements, and has a well- maintained system. CCUD's financial studies indicatethat no District rate increase is needed through 2003. Under the partial assumption option, which would involve dividing District facilities,Renton has identified the following concerns: ratepayers will pay more for equivalent or less service, potential drop in level of service, potential water quality problems caused by facility separation, reduction in available fire flow caused by facility separation, reduced operating • efficiency for the remaining service area, and increased costs and staff requirements to administer a complicated interlocal agreement. From our perspective,the City of Bellevue and CCUD are both high quality providers of utility services,and are eminently capable of providing this service. However,the City of Renton • residents within CCUD will not see benefits from a partial assumption and will likely suffer a decrease in level of service and a substantial increase in utility rates. For these reasons,we cannot support the partial assumption of the CCUD by the City of Bellevue. 1055 South Grady Way - Renton, Washington 98055 - (425)430-6500/FAX(425)430-6523 Proposed Assumption of Coal Creek Utility District 11/01/99 Page 2 • We urge you to reconsider a course that appears to put policy goals ahead of the best interests of the utility service customers. Thank you. • Sinc ly, Jesse Tanner King Parker Mayor President,Renton City Council 99168/GZ:mp cc: Bellevue City Council Renton City Council Jay Covington Marilyn Petersen Lys Homsby Gregg Zimmerman Tom Peadon,Manager CCUD Lloyd Warren,Bellevue Utility Director " /1/100"71Y14. BOARD OF COMMISSIONERS Richard D.Anderson " RECEIVED n Victor J.Car ion V - r' Pamela A.Martin MNK 1 3 2000 GENERAL MANAGER Thomas F.Peadon Disw7 - RENTON CITY COUNCIL ASSISTANT MANAGER Larry D.Jones 7415 129th Avenue S.E. OFFICE MANAGER Newcastle,Washington 98056-1415 Pamela S.Nelson (425) 235-9200•Fax (425) 228-7429 CITY OF RENTON March 10, 2000 MAY 0 5 2000 RECEIVED Mr. Sonny Putter ,;;iTY CLERK'S OFFICE Mayor City of Newcastle 13020 - 72nd Place Newcastle, WA 98059-3030 Re: Joint Study Session/District Report Dear Mayor Putter: 'We have requested a joint study session with the Newcastle City Council several times and we welcomed the invitation in the December 10, 1999 letter from Gary Adams, former Mayor, to schedule such a meeting sometime in the first quarter of 2000 and possibly in February. As Mr. Adams indicated in his letter, a study session would provide a forum for elected officials to directly talk with each other about the future direction of the District and to forge a more positive working relationship between Newcastle and the District. A study session would provide the opportunity to identify areas where we can work more cooperatively and to discuss several topics regarding District operations and long-range planning as addressed in Mr. Adams' letter. Most importantly, a study session would allow the District to report to the Council regarding its negotiations with Bellevue regarding the proposed partial assumption and to obtain feedback from the Council regarding the District's negotiation strategies. This was also discussed in Mr. Adams letter. Therefore, we welcomed the recent note to our staff from Kevin Gross, the City's Interim Public Works Director, that a joint session now be scheduled. However, apparently Mr. Gross has since informed District Staff that a joint study session was not necessary. We respectfully request that the City Council reconsider its position regarding a joint study session. Negotiations with Bellevueare reaching a critical juncture and it is crucial that we discuss several Bellevue proposals with the City Council and their potential impacts on your citizens and our customers. We are available to meet at the Council's convenience and we request a response at your earliest convenience. Mr. Sonny Putter March 10, 2000 Page 2 In the meantime, as we have done in our letters dated November 24, 1999 and January 17, 2000. to the City, we report on recent District actions for your information which relate to the topics addressed in Mr. Adams' December 10, 1999 letter to the District: 1. Negotiations with Bellevue. District representatives have met with representatives of the cities of Bellevue, Newcastle and Renton on numerous occasions to negotiate Bellevue's proposed assumption of the portion of the District within Bellevue. We believe the negotiations have been conducted professionally and in good faith and are proceeding in a timely and orderly manner. It is noteworthy that Newcastle's fundamental principle that its residents receive "fair and equitable treatment" is consistent with the District's guiding principle that any Bellevue assumption be both rate and service neutral for remaining District rate payers. Renton Staff also support that principle. We also acknowledge receipt recently of Newcastle's updated "negotiating principles". We would very much like the opportunity to discuss these with Newcastle to receive further input and direction. For example, the principles apparently now seek to "promote cooperative management of the system without physical separation". Alternatives now under consideration would not physically separate the Coal Creek systems at the municipal boundary between Newcastle and Bellevue. One proposal supported by Bellevue may require the physical separation of the Factoria water system area from the remainder of the existing system. Coal Creek has proposed an alternative to provide complete accountability of the water on both sides of the municipal boundary by using two-way meters at the municipal boundary. The District can then bill Bellevue for the actual water used in the Bellevue area as opposed to estimating usage. If this water usage is notmetered, the District will never have accurate consumption, conservation and other data for the Bellevue portion of the District as opposed to the rest of the District in Newcastle, Renton and King County. Without metering, we question whether this would "promote fair and equitable treatment for Newcastle residents", another'Newcastle negotiating principle. We would like to meet with the Council to fully discuss the engineering and financial impacts of the various alternatives. 2. District Budget/Physical Policies. As we previously reported to you, the District has been working on the adoption of a formal budget for several months. Following a public hearing on February 23 on the proposed budget, a formal budget and financial projections were adopted by the Board, copies of which are enclosed for your information. The budget and its projections contain'extraordinary detail and confirms the District's financial stability from a long-term perspective. Mr. Sonny Putter March 10, 2000 Page 3 3. Long-range Water Supply Planning. The District is vitally concerned about securing a long-term water supply for its customers at a reasonable cost. That is why the District has been actively involved in several local and regional activities and associations addressing such issues. We previously reported to you why the District elected not to become a member of the Cascade Water Alliance for several reasons. First and foremost, the City of Seattle does not recognize the CWA as a governance alternative to the Seattle Purveyor Committee because of the lack of support for the CWA by the purveyors (cities and districts buying wholesale water from Seattle). The District would also have been required to assign its contract to buy water supplyfrom the City of Seattle to the CWA and pay an "old water buyout fee" of $1.68 million to the CWA, in addition to all other membership fees and assessments. This amount must be paid in a "lump sum or over up to five years with interest" (CWA membership offer to the District). The District has been reluctant to impose this financial burden on its customers in addition to basic commodity charges. However, another organization was recently formed, the Water Supply Association, and the District is now strongly considering membership in that Association. The Association represents a majority of the purveyors and more than half of Seattle's water sales. An Interim Board comprised of Seattle, the Association and the CWA has been suggested to foster negotiations of new contracts and the District is part of that process. Once the Interim Board is formed, Seattle has indicated it's willingness to immediately begin negotiations on new water supply contracts. Unlike the CWA, the District is not required to pay the $1.68 million old water buy-out fee or assign its existing water supply contract with Seattle to the Association to be a member. More importantly, Seattle is now expressing a willingness to develop different types of long-term water supply contracts based on the needs of each purveyor. According to Seattle, the regions water suppliers presently have water to meet all of King County's growth needs through the year 2030. The District anticipates negotiating a full requirements relationship with Seattle where Seattle meets all of the District's current and projected growth. No mater what happens in negotiations with Seattle, one thing is clear. The District has a full supply agreement with Seattle until the year 2012. Further, the District provided written notice to Seattle in 1996 pursuant to the requirements of its existing contract, of its intention to extend the Seattle supply agreement beyond the year 2012. Because Seattle has encouraged the purveyors to rely on its long-term water supply, regardless of the outcome of present negotiations.with Seattle, the District is in a strong equitable position to continue receiving water supply from Seattle after the year 2012. i Mr. Sonny Putter March 10, 2000 Page 4 4. 1999 Seattle Annual Purveyor Survey. Each year, Seattle asks its purveyors to provide information on their current and forecast water demand (both retail and wholesale)and their water rates. Seattle recently released its 1999 Annual Purveyor Survey results and we are pleased to advise that the District was ranked very favorably in the three categories of water rates, consumption patterns and forecasts of future water demand. Copies of the various tables indicating the District's rates and rank are enclosed,for your information. Please note that, for those purveyors without alternative water supplies to Seattle, the District had projected nonrevenue water(water lost through the system) of only 2.4%, a figure bettered by only one other utility, because of the high integrity of its water system. This further validates the District's old water main replacement program. 5. Operation Center. Work continues to proceed well on the District's Operation Center. All District administrative and operations activities will be consolidated at the new site upon its completion which is estimated for late summer, 2000. Planned for more than 10 years, the facility will reduce District operating costs by combining the 4 existing equipment and material storage locations at one site. This will reduce the District's emergency and general response time and allow for the provision of even better service to the District's customers. It will truly make the District a state-of-the-art utility. As always, we hope that Newcastle finds this report helpful. We look forward to working with the City Council in the upcoming months to promote and protect the best interests of your citizens and our customers. Open communication between the City and the District is essential to achieve these goals. We look forward to a study session with the City Council and are available to meet at your convenience. 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F;`• r �.. ., z' s z •••' Ss7, t 'A',4; .y�,.$,a uA. • ,•'y. s,� 1sA ;.t,,�'.1 •x,a,f;,.,t•i',,,,4>."„x.,et,;S,:s•:iz. SS:iyr tY'�`i s .. ' .• ' i�[aii:`o'SfdlaaCSiw'a',f sv{3:a ti.:,>: F • }. f, RESULTS OF THE 1999 SEATTLE PURVEYOR SURVEY Each year, Seattle Public Utilities (SPU) asks its purveyors to provide information on their current and forecast water demand (both retail and wholesale), sources of-supply (in addition to SPU), and their water and sewer rates. A complete set of this information by purveyor and by year is of critical importance in Seattle Public Utilities'efforts to better forecast purveyor demand. This report summarizes much of the data that was collected in the 1999 purveyor survey and is the sixth year the report has appeared in this format. Seattle Public Utilities appreciates the time and effort each purveyor has taken in completing and returning the survey. The information is presented in three broad categories: water rates, consumption patterns, and forecasts of future water demand. Inaddition, a new Overview section has been added this year. Questions about this report or the survey data should be directed to Bruce Flory at (206) 684-5859. Overview Just over half the water produced by Seattle Public Utilities_is sold.directly to consumers in Seattle's direct service area. The rest is sold wholesale to 27 neighboring cities and water districts (purveyors). These purveyors are listed below and shown in the following map. Wholesale Customers of Seattle Public Utilities (Seattle Purveyors) Cities Water Districts • City of Bellevue • Bryn Mawr-Lakeridge Water&Sewer District • City of Bothell • Cedar River Water&Sewer District • City of Duvall • Coal Creek Utility District • City of Edmonds • Hipline Water District • City of Kirkland • Northshore Utility District • City of Mercer Island • Olympic View Water&Sewer District • City of Redmond • Shoreline Water District • City.of Renton • Skyway Water&Sewer District • City of Tukwila • Soos Creek Water&Sewer District • Woodinville Water District • Water District No. 20 • Water District No.45 • Water District No:49 • Water District No: 83 • Water District No. 85 • Water District No.90 • Water District Na 119 • Water District No. 125 1 Table 1.1 A Comparison of 1999 Residential Rates ..::.:...;:::, 3/4"„mtrch Includes Seasonal : Inclined Block .'.. Purveyor ''•' per month Minimum_ Winter Summer* . 1st` I 2nd 3rd 4th 5th IBreak Points" W.D. 20 $15.25 1 $0.65 $1.30 - - - - - - W.D.45 $7.50 0 - - . ::.$1.50 $2.00 $3.00 - - 5/25 W.D.49 $8.80 0 - - $2.10 - - - - - W.D. 83 ...:, .....".:, :::.;:$15.90 . 0 ':_,..:.. . :. ... .. i. .. - . .. . .. - - - : W.D. 85 $17.50 0 $1.25 $1.70 - - - - - - W.D. 90•:•' ' $15.50 :;..,:.. ` .3 :.:.:::.._r ...:.... ' ....$1:95.:: $2.15 ;:.:.$2.60 ' . - . 8/12 W.D. 119 $22.25 0 Block Block $1.55/$1.94"""$2.30/$2.86'""$3.10/$3.88"""$3.91/$4.89*** - 7/14/21 ' W.D. 125 .. .. . $8.00 0 $1.45 $1.80 : - - - - - - Bellevue $10.76 0 - - $1.47 $2.04 $2.62 $3.90 - 10/15/50 Bothell . $7.39 '- 0 .. -'. ,•. _.:.... . $1.50 $2.15 • ` ' $2.75 • $3.50 $3.95 5/10/15/25 Bryn Mawr $9.35 0 $2.06 Block . $2.06 $2.42 $2.70 _ $3.00 - 10/15/20 Cedar River :.- $8.75 :...:..: .0 :. .: $1.71 . $2.50 $2.72 _ - 5/15 Coal Creek $8.00 0 - - $1.50 $2.00 $2.60 $3.80 - 20/30/100 Duvall ._ ;:.... ;$14.10 :: 2 ; ;, . : ....:::::._ . $2.10.::' . • $2.70 -. $3.30 $3.90 . $4.50 4/6/8/10 Edmonds $6.65 0 - - $1.37 - - - - - Highline $7.00 0 $2.07 $2.75 _ - - - - Kirkland $7.75 • 2 - - . $2.10 $2.78 - - - 12 Mercer Island 5.11 ;:, ,:.,•0 ..:.:,_... ..: $1.47:: , , : ..$2.14 ..,:; $2.99 - - '8/15 Northshore $8.50 0 - - $1.10 $1.85 $2.60 $3.35 - 7/9/14 Olympic View $8.81 0 .:. ' :: : : _::.:...: $1.30 $1.95 ' :.. - ..: - - 20 Redmond $7.20 0 - - $0.94 $1.44 $1.94 - - 9/12 Renton..;_ .. :`.:$10.50 .;.: ; 0 :,, .._. :.:...• $1.76 $1.88 : . : .: : - , - 10 Shoreline $13.66 0 - - $1.30 $1.40 $1.72 $2.45 $3.18 2/4/9/29 3 ....:.... .:: $2.20 Soos Creek $8.00 • 0 Block Block $0.98 $1.99/$2.39***$2.38/$2.86***$2.72/$3.26*** - 5/10/15 Tukwila' '::'::r $6.00 ` `0 $1.70 '$2.35 .% ... . . - _ _ - Woodinville $7.50 0 - $1.60 $2.25 $2.90 - - 6/12 • Seattle $3.30 0 $1.60 Block $1.60 $2.53 - 5 All utilities with seasonal rates use a 4 month peak season except Soos Creek which has a 3 month peak season. "" Break Pointsthe number month at which next rate block i attained. For W.D. charges ■ oarsare of ccf per which the block example, YY `h5 $1.50 per ccf for the first 5 ccf consumed per month,$2 per ccf for the next 20 ccf per month,and$3 per ccf for all consumption in excess of 25 ccf per month. """ WD 119 and Soos Creek have both seasonal and block rates. For example,WD 119's 2nd block rate of$2.30/ccf increases to$2.86 during the peak season. Seattle Public Utilities Table 1.2 -A Comparison of 1999 Commercial Rates 2"mtr ch Includes Seasonal'. •:'., ; ` • • .:°° - . Inclined Block Purveyor:% per month Minimum Winter I Summer* •1st I 2nd I 3rd 4th . I 5th • ... Break Points** . W.D. 20 ' $72.70 0 $0.65 $1.30 - - - . - - W.D.45 .: • $7.50 0 - - •••$1.50' • $2.00 $3.00 • - - • 5/25 • W.D.49 $112.80 0 - - $2.10 - - - - - W.D. 83 .. .$87.20 • , :• 0 $1.50 - . : - . . - . • - - W.D. 85 _ $17.50 0 $1.25 $1.70 - - - - - - W.D:90 '''..:.: $44.50 3 ......._.:::: ::. <. •- :' :.. .: v.. - -. - - 8/12 $1°:95;:::x,_ .�,x�::;$2.15•.:;,,. :. ..$2.60 • W.D. 119 $35.21 0 • Block Block $1.55/$1.94***$2.30/$2.86***$3.10/$3.88***$3.91/$4.89*** - 7/14/21 W.D. 125' .:,.:$28.25 :< ....0 $1.45.. : "$1.80' Bellevue $44.16 0 $1.51 $2.11 - - - - - - Bothell--'-..':•••••• ••:.-'' .>. $71.62 ''' i..!.•0 $1.69"':+ :.$2.87...: : •....,;;.;;4,;. • • ...'' ',...:•.:,„..1:,.;.;•••,.‘:::,:...,..,.... ... .-..... .• _ , . - • - Bryn Mawr $41.00 0 $2.06 $2.06 - - - - - - Cedar River $41.34 0 .:. :;.-$1.71'''.'._: $2.50 $2.72 . - • - 5/15 Coal Creek • $56.50 0 $1.75 $2.34 - - - - - - Duvall ':. ::•:'--,!",'--:,: .....,.$14.10 .;: 2 .:.:.: :.... .. .:; :,.::.w::,._ �.; $2.10.. .. :;,: $2.70:.... :- : .,.•$3.30 $3.90 .. -$4.50 4/6/8/10 Edmonds $46.14 0 . - - $1.37 - - - - - Highline • • $66.00 0 • $2.07 $2.75 - • - - - - - Kirkland $33.99 0 - - $2.44 - - - - - Mercer Island ..• •$17.37 0 .:: :••:':., :•.!.,;.$1.32•••,•••:-- ::.•.$2.99 • .. - - prior winter avg Northshore $53.15 0 - - $1.65 $2.05 ' $2.45 $2.85 - 56/72/112 , Olympic View $32.02 0 ..,' ~ •.. ... • $1.30 $1.95 - - - 160 Redmond $37.90 0 - - $1.28 - - - - _ Renton $29.45 0 - - • • $1.76 •' - - - - - Shoreline $49.58 0 - - $1.49 $1.64 - - - 100 Skyway:.::::..: :.... :. ::$25.80 ....;'; . '3 ... :..,;:.; .. _$2.20::: _. • .. . - . _• . - Soos Creek $40.16 - 0 Block Block $0.98/$1.18***$1.99/$2.39***$2.38/$2.86***$2.72/$3.26*** - 5/10/15 Tukwila • $50.00 . ..0 $2.20 $3.03 , - - .. - . - - - Woodinville $40.00 0 - - $2.05 $2.40 - - - prior.winter av9 • Seattle • ..$16.30 .. .... 0 $0.71..:- :: .. . . . _ . - -_ . . . $2.01: . ,... ... • All utilities with seasonal rates use a 4 month peak season except Soos Creek which has a 3 month peak season. •• Break Points are the number of ccf per month at which the next rate block Is attained. For example,W.D.45 charges$1.50 per ccf for the first 5 ccf consumed per month,$2 per ccf for the next 20 ccf per month,and$3 per ccf for all consumption in excess of 25 ccf per month. ••• WD 119 and Soos Creek have both seasonal and block rates. For example,WD 119's 2nd block rate of$2.30/ccf Increases to$2.86 during the peak. Seattle Public Utilities Figure 1.1 • AVERAGE.MONTHLY RESIDENTIAL BILLS AT 1999 RATES AND LOW CONSUMPTION (4 ccf/mo Winter and 6 ccf/mo Summer Consumption) Average Purveyor Monthly _„z, I J. J J i L 1 i W. .118 Bills I W.D. 119 $30.26 Skyway I W.D.85 l Skyway $26.97 _ W.D.85 $24.23 WD.93-r4 L I" m L 1 L I igi W.D.83 $22.90 Shoreline xz I I I I Shoreline $20.20 - -1- _ I I 1.,.. I i" W.D.20 Duvall $20.10 -.°,a L I I - I i Bryn Mawr j 01 W.D.20 $19.58 • --14 i . I ,I I I W.D.90 i - Bryn Mawr $18.96 - .., �.- I L C J ,I RentonI � I I 0 - W.D.90 $18.75 - J I W.D.49 Ii I. I. Renton $18.71" Highline 0 _ W.D.49 $18.60 ! i I I I, eenevue � -,4 I I'. I I .. Highline $18.02 - Cedar River I itil - Bellevue $17.62 W.D.125 - L I J Cedar River $16.99 Tukwila , I I i n W.D. 125 $15.47 Coal Creek I • -r."i I I I Tukwila $15.23 Woodinville l Coal Creek $15.00 Olympic View-I m I I . - i Woodinville $14.97 w.D.45 1 ...... :. . ... - .... ..._:...l.. I. Olympic View $14.88 Boman- . .. i I,...."..:,:,... W.D.45 $14.67. Northshore I.. . .": _:a l I I Bothell $14.61 Kirkland # Northshore $13.63 Edmonds- 711" �, Soos Creek I .. Kirkland $13.35 _t<: .. ........ . .i • Mercer Island {.: .. . 8n Edmonds $13.06 _:.11 I I • Soos Creek $12.93. Redmond I _ I • Seattle Mercer Island $11.97 I I I I I I l�� Redmond $11.59 $5.00 $7.50 $10.00 i $12.50 $15.00 $17.50 $20.00 $22.50 $25.00 $27.50 $30.00 Seattle $11.08 - Seattle Public Utilities • • Figure 1.2 AVERAGE MONTHLY RESIDENTIAL BILLS AT 1999 RATES AND AVERAGE CONSUMPTION . (8 ccf/mo Winter and 12 ccf/mo Summer Consumption) Average -- --_------------------------.__..------______ Purveyor Monthly _ __7 j_ _ Tr _t_� I r Bilis W.D.119 -aV _I i. I- I i .i. J .. _ i _i. W.D. 119 $40.31 Skyway I l I I l I 1 I I Skyway $37.23 -gip` , - J1. a I 1 1. J • W.D. Duvall $35.90 -• z 1 I r _. . i _ I' I W.D. 85 $30.97 W.D.e3_<i,1 I Hlghllne W.D. 83 $29.90 - i j.. Shoreline • Highline $29.04 - ii I I l I I l I Shoreline $28.96 - 11 J J . J . 1 1 W.D.49 Bryn Mawr $28.82 - , 1 l I l I I V Ceder River - ' W.D.49 $28.40 _r I. . W.D.90 Cedar River $28.13 Renton W.D. 90 $28.12 ` l 1 I I- l I 14 _ F I Renton $27.01Bothon i Il I I Bellevue $24.86 Woodinville Bothell $24.61 Woodinville $24.60w.D.2o 0 I I J . J 1- . Tukwila $24.47 w.D.45 ::• .. ;...:.;. W.D.20 $23.92 Kirkland , -7f 1 1 J iW.D.W.D. $23.6745 . . ...,. ... ..:..: 125 , .::.. .. - ........ ....... y3 Kirkland $23.15 soon Creek >, _poi I I I I W.D. 125 $22.93 Coat Creek • . ., , . 0 _ ,. 1 I I l Northshore Soos Creek $22.461 l I 1 Coal Creek $22.00 Olympic Vlew`T 1 - Seattle Northshore $21.27 _ I... . : .:::• .:........ ........ . Mercer Island Olympic View $20.94 a'a I ... �:. Edmonds Seattle $20.40 Redmond- I I• f� Mercer Island $19.72 - r - ( r ( I,- r (- Ir �� Edmonds $19.48 $10.00 $12.50 $15.00 $17.50 $20.00 $22.50 $25.00 $27.50 $30.00 $32.50 $35.00 $37.50 $40.00 • Redmond $16.47 Seattle Public Utilities Figure 1.3 AVERAGE MONTHLY RESIDENTIAL BILLS AT 1999 RATES AND HIGH CONSUMPTION (16 ccf/mo Winter and 24 ccf/mo Summer Consumption) --- -------- Average ------ ------------------ ----------- Purveyor Monthly - -1 Bills Duvall • . - :.1 . . I I I I. 1. I : l 1 Duvall $77.10 w.D.ins- L.:: I ; �.. ....-... . ..1 - III 1 1 1.': skyway `. ., W.D. 119 • $69.49 J J L. .. 1: . . -I... .. .) Skyway $57.77 - Bothell 4 • Cedar River $52.27 --. . Shoreline , ,_ • Bothell $52.22 -0 I I_ I 1 I 1 Shoreline $51.34 - 4 • Highline W.D. 90 $51.18 -V J J. I J. 1 Bryn Mawr A Highline $51.08 - Woodinville Bryn Mawr $50.72 - 1.. l , I i • Northshore- 0 Woodinville $49.61 1 I J 1 1 Northshore $48.53 - 1.,, I I I Kirkland • - I I 1 I I W.D.49 $48.00 sooscreek Kirkland $47.28 Bellevue-I: I J Soos Creek $47.04 W.D.05 I """ I I I I I I I al Bellevue $45.24 Renton- 0 I I 1 W.D.83 W.D. 85 $44.43 �-.. � ::.a ..... .� Renton $44.39 Tukwila ,...1 . :.:.. ...: 1.. . .: �. Wall .D. 83 $43.90 Mercer Island 1 I 1 I Tukwila $42.93 -0 • I I 1 Seattle Mercer Island $42.81 _ I_ 1 I W.D. 45 $42.33 W.D.125 - i I Seattle $39.06 Coal Crook- -113 0 I Olympic View u% W.D. 125 $37.87 Coal Creek $36.67 -71 I w n on til Olympic View $33.94 - 1. I Edmonds • Redmond $32.91 _ _ ri _- 1- ri lj W.D.20 $32.58 $20.00 $25.00 $30.00 $35.00 $40.00 $45.00 $50.00 $55.00 $60.00 $65.00 $70.00 $75.00 $50.00 • Edmonds $32.31 Seattle Public Utilities Table 1.3 AVERAGE ANNUAL, WINTER, AND SUMMER BILLS at Average Consumption: 8 ccf/mo Winter, 12 ccf/mo Summer Ranked from Highest to Lowest :.w., . Monthly Residential Bills Summer/Winter Rank Purveyor: :. Avg. Annual Winter Summer ' Differential 1 W.D. 119 $40.31 $35.40 $50.13 41.6% 2 :.:;:: Skyway :... $37.23 : $34.30 $43:10 ..:. . • 3 Duvall $35.90 $30.30 $47.10 55.4% 4 .. : W.D. 85 $30.97 .: $27.50 $37.90 „37.8% 5 W.D. 83 $29.90 $27.90 $33.90 21.5% 6 . Highline $29.04 $23.56 $40.00 7 Shoreline $28.96 $25.94 $35.01 35.0% 8 Bryn Mawr _ $28.82 $25.83 $34.79 .:.. ; ::; .:34.7% 9 W.D. 49 $28.40 $25.60 $34.00 32.8% 10 ::: Cedar.River $28.13 $24.80 $34:80 ° 11 W.D. 90 $28.12 $25.25 $33.85 34.1% 12.:: :': Renton _;, • ;.. $27.01 $24.58 $31.86 13 Bellevue $24.86 $22.52 $29.54 31.1% 14 Bothell ". $24.61 $21:34 $31:14 =.45.9% 15 Woodinville $24.60 $21.60 $30.60 41.7% 16 Tukwila $24.47 $19.60 $34.20 74.5% 17 W.D. 20 $23.92 $20.45 $30.85 50.9% 18 W.D.45 .. :.$23.67 ° . $21.00 $29.00 • :::38.1% ::.. . 19 Kirkland $23.15 $20.35 $28.75 .41.3% . 20. W.D. 125 • $22.93 $19.60 $29:60. . • 51.0% 21 _ Soos Creek $22.46 $19.75 $30.57 54.7% - 22 Coal Creek :; $22.00 $20.00 $26.00 :.` 30.0%" • 23 Northshore $21.27 $18.05 $27.70 53.5% 24 : Olympic View $20.94 ' $19.21 $24.41=• 27.1% 25 Seattle _ $20.40 $16.10 $29.01 80.2% 26 Mercer Island $19.72 $16.87 • $25.43 50.7%: 27 Edmonds $19.48 $17.64 $23.14 31.2% 28 Redmond $16.47 $14.72 $19.98.° :35.7% PURVEYOR AVERAGE $26.20 $23.10 $32.49 ; 40.7% Seattle Public Utilities Ranking of Purveyor Bills from High to Low at Different Levels of Consumption Ranking at Ranking at Ranking at Low Consumption Medium Consumption High Consumption 1 W.D. 119 1 W.D. 119 1 Duvall 2 Skyway 2 Skyway 2 W.D. 119 3 W.D. 85 3 Duvall. 3 Skyway 4 W.D. 83 4 W.D. 85 4 Cedar River 5 Shoreline 5 W.D. 83 5 Bothell 6 Duvall 6 Highline 6 Shoreline 7 W.D. 20 7 Shoreline 7 W.D. 90 8 Bryn Mawr 8 Bryn Mawr 8 Highline 9 W.D. 90 9 W.D. 49 9 Bryn Mawr 10 Renton 10 Cedar River 10 Woodinville 11 W.D. 49 11 W.D. 90 11 Northshore 12 Highline 12 Renton 12 W.D. 49 13 Bellevue 13 Bellevue 13 Kirkland 14 Cedar River 14 Bothell 14 Soos Creek 15 W.D. 125 15 Woodinville 15 Bellevue 16 Tukwila 16 Tukwila 16 W.D. 85 17 Coal Creek 17 W.D. 20 17 Renton 18 Woodinville 18 W.D. 45 18 W.D. 83 19 Olympic View 19 Kirkland 19 Tukwila 20 W.D. 45 20 W.D. 125 20 Mercer Island 21 Bothell 21 Soos Creek 21 W.D. 45 22 Northshore 22 Coal Creek 22 Seattle 23 Kirkland 23 Northshore 23 W.D. 125 • 24 Edmonds 24 Olympic View 24 Coal Creek 25 Soos Creek 25 Seattle 25 Olympic View 26 Mercer Island 26 Mercer Island 26 Redmond 27 Redmond 27 Edmonds 27 W.D. 20 28 Seattle 28 Redmond 28 Edmonds Definition of Consumption Levels: Winter Summer Average Low 4 ccf/mo 6 ccf/mo 4.67 ccf/mo Medium 8 ccf/mo 12 ccf/mo 9.33 ccf/mo High 16 ccf/mo 24 ccf/mo 18.67 ccf/mo Seattle Public Utilities Figure 2.4 • 1998 Non-Revenue Water as a Percentage of Total Water Use (1994, 1995, 1996& 1997 Non-Revenue Shown in Gray) W.D.90 £ i 22.1% € a 13.4:% Olympic View I. € Edmonds 1 """;: .. :12.6%1 • -_-.,-.-... ......--7,,,_..__ -- - Skyway J. 1 .. ::.- , ' o/o 1.7 s1ocm, Tukwila .. Bellevue • - 10.4% o W.D.125 1.1 .„ . .8 1� % € ----nc • -1.1 . . -- "rt 5.6% W.D.20 i _11 - " ,„5.4% Bothell . W.D.49 .,®.. •--- I i _...—.—.._._- �-= ..,...4,--..., L( 11998 5.3/0 PURVEYOR AVERAGE . 1:1997 Th. 4 ° - • Bryn Mawr ._ .,t .2. Ell1996 ----,.1 -1‘. 2 • x_4.41°_; Shoreline .,.,..::.__.r 9 5 • •,r ;, , 01994 t "_`_ +4.4% Cedar River Al [ W.D.85 1 l -.', I te. af 11 _ �' X4:1% i Northshore i 4i .. . 040°! Mercer Island £; '-i -1 3.9% Highline w-1 • _, . 3.1% 1i{ Soos Creek ,S ��� j! 24Jp 1 ___. i - Coal Creek 1 �- s' - ; `• 1 Woodinville J yF .- A-', 2.0% _. i ..• -1.6%oa 1 i • Duvall 'I I -1.7%a-=- % I W.D. 1'19 I ••••-•--,,,,..=4. I W.D.45 ?1' .�...m .� . .., �_ < �. ..m.:. ,;,: �'i • i.i -3.7%, ! Kirkland I —r .....„7, Redmond I %- . €x.--19 7% i gig W.D.83 If 4 ..�".s t __•'°,»_....; .^_'.'='..__............._..._..'.:.J.x.'::.=_..._.. i7--- r_-_.._.........__ .. :rte€•.. -10% -5% 0% 5% 10% 15% 20% • 25% • • Seattle Public Utilities ./A"));,;4/471;,,i(404' o. • o A: �E` -,� Cityof m Office of the Mayor • Phone(425) 452-7810 • Fax(425) 452-7919 Bellevue .751,== e Post Office Box 90012 • Bellevue, Washington • 98009 9012 HIND CITY OF RENTON February 3, 2000 FEB 0 9 2000 RECEIVED CITY CLERK'S OFFICE The Honorable Sonny Putter, Mayor City of Newcastle 13020 SE 72nd Place Newcastle, WA 98059-3030 Dear Ma e-e Since the Newcastle Council provided direction on the proposed Coal Creek - District assumption, Bellevue staff have been working in a cooperative relationship with staff and representatives from the Coal Creek Utility District, Newcastle and Renton working towards an assumption of that portion of the District within the City of Bellevue. We have respected Newcastle's decision to not proceed with any assumption within Newcastle, and have been striving to meet Newcastle's stated interest of"fair and equitable treatment of our (Newcastle) residents". One of the initial steps in this process was to develop a set of ground rules under which the negotiations could occur. Two of the adopted ground rules relate to external communications. The first addresses communications with the media. In essence we all have agreed to refrain from discussions of specifics or issues with the press unless there is agreement of all parties to do so.. The second is to refrain from debating the issue in our newsletters. The City of Bellevue has lived by these agreed upon ground rules, including getting concurrence of the negotiating parties for the wording for our recently published newsletter. We have not violated any of the established negotiation ground rules as stated in Commissioner Martin's letter to you of February 1st. I did speak in opposition to HB 2577, but was very careful not to refer to Coal Creek or the current assumption process. The Water and Sewer District Association, which was responsible for drafting the bill and of which Commissioner Martin and Assistant Manager Larry Jones are Directors, had a panel of three individuals supporting the bill and reference was made in their testimony to the Bellevue/Coal Creek assumption as an issue. City of Bellevue offices are located at Main Street and 116th Avenue S.E. • I am,spre,you ca,n appreciate that cities and districts will respond to a whole array . of bills that yearly come before the legislature. We expected that Coal Creek would also pursue this bill directly, or through their Association. Their recent draft newsletter (which we reviewed and approved) stated their support for the bill and requested customers support the bill. Involvement in the state legislative • process'isHnofa violation of the ground rules. As a matter of respect, we have ,. focused on the principles of the bill and not about the current process. We look forward to successful negotiations. Sincerely, Mayor Chuck Mosher Cc: Honorable Mayor Jesse Tanner; City of Renton Board of Commissioners, Coal Creek Utility District Newcastle City Council • vRenton City Council December 6, 1999 Renton City Council Minutes Page 428 Agreements (VoiceStream, agreements for the former City Hall building: the first two with VoiceStream Sprint&AT&T) and Sprint for roof space for antennas and a portion of the 7th floor for equipment; and the last with AT&T Local Service for basement space to house fiber optic communication links to serve other building tenants. Refer to Finance Committee. CAG: 99-088,New Fire Community Services Department submitted CAG-99-088,New Fire Alarms for Alarms for 200 Mill Ave S the 200 Mill Ave. S.Building; and recommended approval of the project, Bldg authorization for final pay estimate in the amount of$32, 877.95, commencement of 60-day lien period, and release of retained amount of $1,586.77 to Automated Communications Corp., contractor, if all required releases are obtained. Council concur. Plat: Anicello,ROW Development Services Division recommended Council acceptance of the Dedication on Newport Ct NE dedication of a portion of Newport Court NE for public road use to fulfill a requirement of the Anicello Short Plat(SHP-96-073). Council concur. Executive: Volunteer& Executive Division recommended renewing a contract for volunteer Special Event Coordination coordination and special event coordination services with Sonja Mejlaender for Contract, Sonja Mejlaender January 1 through December 31,2000,in the amount of$45,000. Refer to Finance Committee. Plat: Maplewood Estates, Hearing Examiner recommended approval, with conditions, of the Maplewood Preliminary(PP- Estates Preliminary Plat; 218 single family lots on 62.7 acres located south of SE 128th,west of 152nd SW, and east of 148th Ave. SE. Council concur. Police: Adult Supervision of Legal Department recommended adoption of an ordinance defining adult Children in Vehicles supervision of children in vehicles. Refer to Public Safety Committee. Transportation: I-405 Corridor Transportation Systems Division recommended approval of a proposed "Purpose and Needs" "Purpose and Needs"statement for the I-405 corridor to fulfill Environmental Statement Impact Statement concurrence requirements. Council concur. Airport: Boeing Co.Lease of Transportation Division recommended approval of Addendum#18 to LAG-65- "Apron C" 877,lease with the Boeing Company for"Apron C"located on the west side of the Municipal Airport,to again allow the City to use this area for month-to- month aircraft storage. Refer to Transportation(Aviation) Committee. Regional Issues: Sanitary Utility Systems Division recommended approval of a proposed sanitary sewer Sewer Service Boundary service boundary agreement with the Coal Creek Utility District. Refer to Agreement w/Coal Creek Utilities Committee. Utility District ejAel Public Works: Talbot Crest Utility Systems Division requested authorization for a temporary closure of a Lift Station Project portion of Talbot Crest Drive for up to eight weeks in winter/spring of 2000 for (Temporary Closure of Talbot the Talbot Crest Lift Station replacement project. Refer to Transportation Crest Drive) Committee. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from James Smyth,president,Rolling Hills Village Citizen Comment: Smyth— Homeowners' Association,PO Box 656,Renton, 98057, expressing concern Kensington Crest Condo that the Kensington Crest Condominium development project(at 3500 SE Development; Traffic Control Royal Hills Dr.)will exacerbate existing traffic problems in this area, and on South Puget Drive requesting installation of traffic control on South Puget Drive. MOVED BY PARKER, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THIS LETTER TO THE ADMINISTRATION AND THE TRANSPORTATION . COMMITTEE. CARRIED. Cl i Y OF RENTON COUNCIL AGENDA. BILL AI//: `1.'S. • For Agenda of: December 6, 1999 Dept/Div/Board.. P/B/PW - Utility Systems Division Staff Contact David Christensen x-7212 Agenda Status Consent X Subject: Public Hearing.. Proposed Sanitary Sewer Service Boundary Agreement With Correspondence.. Ordinance Coal Creek Utility District Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Boundary Agreement Draft Resolution Recommended Action: Approvals: Refer to Utilities Committee Meeting.of December 9, 1999. Legal Dept x Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget -0- City Share Total Project.. SUMMARY OF ACTION: The City of Renton and the Coal Creek Utility District have negotiated a Sanitary Sewer Boundary Agreement. STAFF RECOMMENDATION: The Administration recommends that Council approve the interlocal agreement between the City and Coal Creek Utility District describing our mutual Sanitary Sewer Boundary, and authorize the Mayor and City Clerk to execute the interlocal agreement. • H:\DIVISION.S\UTILITIE.S\WASTE.WTR\COALCRK\AB CCUD.DOC/MAB:lf CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 22, 1999 TO: Dan Clawson, Chair Members of the Utilities Committee VIA: ,,( Mayor Jesse Tanner FROM: Gregg Zimmerman, Administrator 6 Planning/Building/Public Works Department STAFF CONTACTS: David Christensen(x-7212) SUBJECT: Sanitary Sewer Boundary Agreement Between The City of Renton and Coal Creek Utility District ISSUE: The City of Renton (RENTON) has been negotiating an interlocal agreement with Coal Creek Utility District (CCUD). This agreement describes the mutual boundaries between our two sewer service areas. We have completed these negotiations and are asking for Council's approval of the agreement and adoption of a resolution authorizing the Mayor to execute the agreement. RECOMMENDATION: Staff recommends that Council approve the agreement and that Council authorize the Mayor and City Clerk to execute the interlocal agreement. BACKGROUND SUMMARY: RENTON and CCUD do not currently have a sanitary sewer boundary agreement. Due to development in the area and as a part of the update of the sewer comprehensive plans for the two service providers, it was mutually determined that this agreement was needed. It is the opinion of both administrations that it is in the public interest for RENTON and CCUD to enter into an agreement to provide for the efficient planning and development of new sanitary sewer services in areas which may be served by either or both entities. The agreement provides for three items. The first is a boundary between RENTON's Sanitary Sewer Service Area and the CCUD Sanitary Sewer Service Area (Exhibit B). The second item allows RENTON to connect to and utilize an 8" sewer main the CCUD owns in Monterey Pl. NE ( Exhibit November 22, 1999 • Page 2 C). This allows for RENTON to provide service to the adjacent portion of our service area without the expence of installing a sewer in the road next to CCUD's. The final item allows for the ability of RENTON to provide service to two areas that naturally flow away from our existing facilities (Exhibit F). Under this agreement, RENTON can provide service to these areas through the construction of sewer lines flowing toward the north where they would be connecting to CCUD's facilities. It is our opinion that this will allow us to provide service to these properties at the least cost. H:DIV/UTIL/W W/CCRK/CCUD-IP/MAB:lf CITY OF RENTON & COAL CREEK UTILITY DISTRICT FOR THE ESTABLISHMENT OF SANITARY SEWER SERVICE BOUNDARIES THIS AGREEMENT is entered into this day of 19 , by and between COAL CREEK UTILITY DISTRICT, a Washington,municipal corporation, hereinafter referred to as "CCUD", and the CITY OF RENTON, a Washington municipal corporation, hereinafter referred to as "RENTON". WITNESSETH: WHEREAS, CCUD is qualified to provide sanitary sewer service withinits prescribed area; and WHEREAS, RENTON is qualified to provide public services, including sanitary sewer service, within its prescribed areas; and WHEREAS, CCUD provides sanitary sewer service in an area adjacent to and within RENTON's corporate boundaries and it is in the public interest for the parties herein to enter into an agreement to provide for the efficient planning and development of new sanitary sewer services in areas which may be served by either, or both, of the parties herein; now, therefore, IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Sewer Service Area Boundary Between RENTON and CCUD. The attached legal description, Exhibit A, describes the line separating the RENTON sewer service area from CCUD sewer service area. The attached map,. Exhibit B, depicts the line separating the RENTON sewer service area from CCUD sewer service area. RENTON shall provide service for the area generally South and West of the line illustrated. CCUD shall provide service for the area generally North and East of the line illustrated. Any new construction, upgrading, or replacements within the RENTON City Limits by CCUD for sewer service shall be in compliance with RENTON design and constructions standards then in effect, or CCUD design and construction standards, whichever are the higher design and construction standards including: materials and techniques. 2. DISTRICT Comprehensive Sewer Planning. CCUD will submit, to RENTON, all future Comprehensive Sewerage Plans and amendments thereto involving area and/or improvements within RENTON City Limits. Said submission of the CCUD Plan is to assure consistency with adopted city plans, policies, and land use controls, assist in the review of new development proposals and--right-of-way construction permits, and to fulfill the responsibilities set forth in RCW 57 and King County Title 13. As new facilities are planned, constructed, maintained, and/or replaced within RENTON, they shall comply with RENTON design and construction standards then in effect, or CCUD design and construction standards, whichever are the higher design and construction standards. • 3. Extension of Utilities Across Properties. RENTON and CCUD agree that they will require property owners who must extend facilities to service their property in a comprehensive fashion up to and including extending said facilities to the far side of the property, when appropriate, to provide a connection point for the future (or existing) facilities of the next property. 4. Joint Use Facilities. The existing 8-inch facility as shown on Exhibit "C" shall be a joint use facility. CCUD shall own and operate the facility. RENTON shall be able to make connection to and utilize this sewer line to provide service to the properties west of the facility that are in RENTON's service area. RENTON will acquire permits for connection to said sewer and collect the latecomer fee associated with the facility to be passed on to CCUD. 5. RENTON Service Area Flowing Into CCUD Service Area. There are two areas located within RENTON's Service Boundary, as identified by this agreement, that shall be served by RENTON sewer facilities that discharge into CCUD facilities. These areas are described in Exhibit D and Exhibit E. The attached map, Exhibit F, depicts these two areas that shall be served by RENTON sewer facilities that discharge into CCUD facilities. CCUD agrees to allow discharge from the RENTON facilities within these areas to facilities owned by CCUD. CCUD further agrees not to charge RENTON for any maintenance of the facilities so impacted, so long as RENTON agrees to, and continues to notify CCUD whenever maintenance of the facilities within these areas will be performed. RENTON agrees to take steps to minimize the amounts of solids or chemicals which would otherwise be released into the downstream facilities as a result of said maintenance. This will allow CCUD to coordinate maintenance with the action of RENTON maintenance operations. RENTON agrees to notify CCUD at the time of connection of any property in these areas. The notification shall include collection and payment to CCUD of CCUD's General Facilities Charge based upon the then current rate as reported to RENTON by CCUD and collection and payment to CCUD of the latecomers charge associated with the Upper May Creek Lift Station. 6. Maintenance of Existing Facilities: CCUD and RENTON will each maintain their own facilities, according to industry standards. If there are serious problems due to a discharge which can be identified, and for which the source can be identified, the individual or company responsible will be held liable for damage. If a lack of maintenance, or if the type of maintenance by either RENTON or CCUD is identified as the source for said problem, then the party creating, or allowing, the situation shall be responsible for the costs of repair and/or damages. 7. Governmental Approvals. The parties will give notice of the adoption of this Agreement to Metropolitan King County, to the Department of Ecology, and to any other agency with jurisdiction, and shall cooperate and assist in any reasonable manner in procuring any necessary approvals hereof by those agencies. 8. Sanctity of Agreement. This Agreement constitutes the entire. agreement of the parties, concerning the subject matter herein, and there are no representations or oral agreements other than those listed herein, which vary the terms of this Agreement. Future agreements may occur between the parties to identify, agree upon, or transfer service areas and/or facilities. This Agreement shall have a term of 25 (twenty-five) years. 9. Obligations Intact. Nothing herein shall be construed to alter the rights, responsibilities, liabilities, or obligations of either CCUD or RENTON regarding provisions of sanitary sewer services to the properties described herein, or other properties, except as specifically set forth herein. DATED this day of , 199 . Authorized by Resolution No. of the City Council of the City of Renton, Washington, at its regular meeting held on day of 199 . CITY OF RENTON Jesse Tanner, Mayor Date ATTEST: Marilyn J. Petersen, City Clerk Date APPROVED AS TO LEGAL FORM: Lawrence J. Warren, City Attorney Approved by Resolution No. / of the Board of Commissioners of COAL CREEK UTILITY DISTRICT of King County, Washington, adopted at its regular meeting held on day of , 199 . COAL CREEK UTILITY DISTRICT By: Title: 3 EXHIBIT A" NEW SEWER SERVICE BOUNDARY LINE LEGAL DESCRIPTION A sanitary sewer service area boundary line between the Coal Creek Utility District and the City of Renton through the Southeast quarter of Section 29, the East half(1/2)of Section 32, the South half(1/2) of Section 33, all in Township 24 North, Range 5 East, W.M., King County, Washington, and the North half(1/2) of Section 4 in Township 23 North, Range 5 East, W.M., King County, Washington, and the common boundary line between Section 34 in said Township 24 and Section 3 in said Township 23, described as follows: Beginning at the intersection of the southerly right of way line of NE 48th St. (previously known as SE 76th St.) with the existing northernmost northwest corner of Tract 185 of C.D.Hillman's Lake Washington Garden of Eden No. 3, according to the Plat thereof, recorded in Volume 11, Page 81, Records of King County, Washington, in the Southeast quarter of said Section 29; Thence easterly along said southerly right of way line and north line of said Tract 185,to the northeast corner of said Tract 185, said northeast corner also being the northwest corner of Lot 2 of King County Short Plat No. 485069, as recorded under King County Recording No. 8612231555,Records of King County, Washington; Thence southerly along the east line of said Tract 185 and the west line of said short plat,to the southwest corner of Lot 1 of said short plat; - Thence easterly along the south line of said short plat,to the southeast corner thereof, said southeast corner also being the northeast corner of Tract 183 of said plat; Thence southerly along the common boundary line of said Tract 183 and Tract 166 of said plat, said common boundary line also being the existing limits of City of Renton as annexed under Ordinance No. 1823,to an intersection with the northeasterly right of way line of NE 44th St.; Thence continuing southerly along said common boundary line,crossing NE 44th St.,to the southwest corner of said Tract 166; Thence easterly along the south line of said Tract 166,to an intersection with the northerly extension of the westerly right of way line of Monterey P1.NE(previously known as 109th Avenue SE,Lincoln Drive NE, Rufus Buck Road, 110th Place SE and Creosote Road); Thence southerly along said northerly extension and the westerly right of way line of said Monterey Pl. NE,to an intersection with the north line of Lot 8,Block 4 of C.D.Hillman's Lake Washington Garden of Eden Division No. 7,according to the Plat, recorded in Volume 16,Page 18,Records of King County Washington, in the east half of said Section 32; Thence westerly along said north line,to the northwest corner of said Lot 8; Thence southerly along the west line of said Lot 8, to the southwest corner thereof, said southwest corner also being the northeast corner of Lot 10, Block 4 of said plat; I1:\PI I.E.SYS\LND\0I\0005.DOC I'agc I of 3 ` lY, EXHIBIT " �" Continued [hence southerly along the east line of said Lot 10, to the southeast corner thereof, said southeast corner also being a point on the northerly right of way line of NE 36th St. (previously known as SE 88th St.); '[hence southerly along the southerly extension of said east Iine of Lot 10, crossing said NE 36th St., to an intersection with the southerly right of way line of said NE 36th St. in the Southeast quarter of said Section 32: • Thence westerly along said southerly right of way line, to an intersection with the west line of the east 350 feet of Tract 70 of C.D. Hillman's Lake Washington Garden of Eden No. 1, according to the Plat thereof, recorded in Volume 11, Page 63, Records of King County, Washington; Thence southerly along said west line,to an intersection with the south line of said Tract 70; Thence easterly along the south line of said Tract 70, said south line also being the north line of Tract 73 of said plat, to an intersection with the west line of the east 200 feet of said Tract 73; Thence southerly along said west line,to an intersection with the south line of said Tract 73, said south line also being the north line of Tract 74 of said plat; Thence southerly along the west line of the east 200 feet of said Tract 74,to an intersection with the south line of said Tract 74, said south line also being the north line of Tract 77 of said plat; Thence southerly along the southerly extension of the west line of the east 200 feet of said Tract 74,to an intersection with the westerly extension of the south line of the north 300 feet of Tract 364 of C. D. Hillman's Lake Washington Garden of Eden No. 6, according to the Plat thereof, recorded in Volume 11, Page 84, Records of King County, Washington; Thence easterly along said westerly extension, exiting said Tract 77 and crossing Tract 76 of said C.D. Hillman's Lake Washington Garden of Eden No. 1, to an intersection with the west line of said Tract 364 of C.D. Hillman's Lake Washington Garden of Eden No. 6; Thence continuing easterly along the south line of the north 300 feet of said Tract 364,to an intersection with the east line of said Tract 364; Thence northerly along said east line,to the northeast corner thereof, said northeast corner also being a point on the southerly right of way line of NE 33rd St.; • Thence easterly along the north line of Tracts 367 and 371 of said plat and said southerly right of way line,to the northeast corner of said Tract 371 and said plat, in the Southwest quarter of said Section 33; Thence southerly and westerly along the east line of said plat,to an intersection with the west line of said Southwest quarter, said intersection being a point on the existing limits of the City of Renton,as annexed under Ordinance No. 1835; Thence southerly along said west line and said existing City limits, to an intersection with the south line of the abandoned Pacific Coast Railroad right of way, said right of way being 200 feet in width, said south line also being the north line of Tract 369 of said plat; Thence easterly along said north line and along the existing limits of the City of Renton, as annexed under Ordinance No. 1828, to the easternmost northeast corner of said Tract 369; I I:\FILaws\LND\OIUl0OS.DOC Page 2 or 3 EXHIBIT "A", Continued Thence southeasterly along the east line of said Tract 369 and said existing City limits, to an intersection with the north line of the Northwest quarter of said Section 4; Thence easterly along said north line and the existing limits of the City of Renton, as annexed under Ordinance No. 1796 and Ordinance No.4095,to an intersection with the westerly right of way line of 120th Pl. SE(County designation); Thence southerly along said westerly right of way line and said existing City limits,to an intersection with the south line of the north 30 feel of said Northwest quarter; Thence easterly along said south line and said existing City limits,to an intersection with the northerly extension of the west line of Paradise Estates,according to the Plat thereof, recorded in Volume 95,•Page 93, Records of King County, Washington; Thence southerly along said northerly extension and west line of said plat and said existing City limits, to the southwest corner of said plat; Thence easterly along the south line of said plat and, in part, said existing City limits,to the southeast corner thereof, said southeast corner also being the southwest corner of Paradise Estates No.2, according to the Plat thereof, recorded in Volume 102, Page 31, Records of King County, Washington; Thence easterly along the south line of said plat to an intersection with the east line of said Northwest quarter; Thence northerly along said east line of said Northwest quarter,to the quarter corner common to said Section 4 and said Section 33; Thence easterly along the common boundary line between said Section 4 and Section 33,to the northwest corner of said Section 3 and the southwest corner of said Section 34; Thence easterly along said common boundary line between said Section 3 and Section 34,to the northeast corner of said Section 3 and southeast corner of said Section 34 and the terminus of this boundary line. • • H:\FILE.SYS\LND\U I\ODUS.DOC • Page 3 of 3 3 - - � - - iLl ? EXHIBIT B - -0=- - -_j_4ofl - - X000- - - - - �$jj4 - _ _ - - 1��000SERVICE AREA BOUNDARY --- EEN • RENTON AND CCUD -_-_- ®9 -' CITY OF RENTON Al NEW SEWER SERVICE BOUNDARY -_-_- 1-__-__-__-__- -- - - •- -•-•- - EXISTINGEXISTING RENTONCOAL CREEK SEWERSEWER BOUNDARYBOUNDARY 9 NE 43th \' `.,,C 0 3 D T ZA 0---1 j,1 isoil 1 IL • ,-- ( \- EN ) .. -‘*- -Vat fif 110.• ! ;oil.c', st4 tliA,A& — II kr.. .,P\ e,-, , 4r, . -14744k _,a,.. 1,1,7 - - - - Sr Aad.446 L 7i j ul iij a rl' 1 I I II 2 il., !xi . tP Mal ' 4111 I - -__m �:1:::�R - lH.:- Ia � ,� ___ `Att1•11L ■ �t, v aI 1� �■■ A 1 I f woman 1 1 I # • Firm 6th _ - d -ii' ll11 95A441,1 ' -wawa 1.6- rallit � L, I I til 34 11411_ I 1 i��� ''<?, , 74 P ;1111640/ 1 q r-' i ; /�1�■■ J AT I I I I J I Nj 32n$ • ` �� /tl■■11 PI icy -,1113, iI IIS I I ■11■■!!tl!A111M111t1i■ il ii6L_ �_ 1 \ f1 1T Il 1tll111■HIi���71i■1111■ -1 w 1111 III 5111 iti'ri thti �ti -1 MH, Ii lilt. _ =, ■■ 11 Fill ��nA�ln�lll�■111 IN '®� SS Va y — il■■iliSliilliif■■■11 ���,�� �' �-'i�\IIII� alle R . 11111■11■■111■� i���I;. � - 11114, 1 gin Mak _ ';111 ✓ i Ili ■■r►���� > - VW/ ..71 il in 11111 L/IIIA d �l ■m `� �5 �� Ira ___- - c� o lrim .1 � RI :11 nen , 1/ 1511.---Fill ���;; ���l klell 71 - ■E11 Imi::•� �21/1511 . 1,'. EXHIBIT C CITY OF RENTON illeommilm NEW SEWER SERVICE BOUNDARY --- JOINT USE 8" FACILITY JOINT USE FACILITIES 0 500 1000 1 :6000 \ 47. , . ' 1 :______r_ ce _, SE 80th S . C___ i NE 43th 131 i i I • - N F-4 _ fJ Z i W cv a) ( 4► St r NE 40th St Ns m— 1 1 Ir ccii3 e \ 1 c.., .._.._ \ , . \:,,,),, _, . 1 0 ,_, ,__, -------121-1,14:1 . \ 1 I 1 ' .c,e; ,` ,-, - I , . . i I -:/ ' g- - ' ''\' ' $Wet o S 80t G ISI %'IW_ w 36th w show IJP a Pit, i M. p I ♦ EMI 131T "D" SERVICE AREA"A" RENTON SEWERS TO COAL CREEK LINES City of Renton Sewer Service Area"A" for transmission through Coal Creek Sewer District is comprised of those portions of Government Lots 1 and 2 in the Northeast quarter of Section 4, and Government Lot 4 in the Northwest quarter of Section 3, all in Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington,described as follows: Beginning at the North quarter corner of said Section 4, said corner also being the northwest corner of Western Hills, according to the Plat thereof, recorded in Volume 81 of Plats, Pages 4 and 5, Records of King County, Washington; Thence easterly along the north line of said section and said plat,to the northeast corner of said plat; Thence continuing easterly along said north line of said section, to the northeast corner thereof, said northeast corner also being the northwest corner of said Section 3; Thence continuing easterly along the north line of said Section 3, to an intersection with the east line of the West half(1/2) of Government Lot 4 in said Section 3; Thence southerly along said east line, said east line also being the existing limits of the City of Renton as annexed under Ordinance No. 4195, to an intersection with the south line of the north 264 feet of said West half of said Government Lot 4; Thence westerly along said south line and said City limits,to an intersection with the east line of the west 211.5 feet of said Government Lot 4; Thence southerly along said east line and said City limits, to an intersection with the south line of the north 384 feet of said Government Lot 4; Thence westerly along said south line and said City limits, to an intersection with the easterly right of way margin of 132nd Ave. SE(Union Ave.NE), said right of way being 60 feet in width; Thence continuing westerly along the westerly extension of said south line of the north 384 feet of said Government Lot 4 and along City limits, to an intersection with the westerly right of way margin of 132nd Ave. SE(Union Ave.NE) in Government Lot 1 of said Section 4; - Thence southerly along said westerly right of way margin and said City limits,to an intersection with the south line of the north half of that portion of the Northeast quarter of said Section 4 lying north of the south 1,320 feet thereof; Thence westerly along said south line,to an intersection with the west line of said Government Lot 1, said West line also being the east line of Government Lot 2 of said Section 4; Thence southerly along said east line,to an intersection with the north line of the south 550 feet of said Government Lot 2; H:\FI LE.SYS\LN D\O l\0003.DOC Page I of 2 . i 'EXHIBIT. "I)", Continual Thence westerly along said north line, to an intersection with the centerline of the Seattle City Light Transmission Line Easement, said centerline also being the easterly boundary line of said Western Hills plat; Thence northerly along said centerline of the transmission line easement and along said easterly boundary line of said plat, to the easternmost northeast corner of said plat; Thence southwesterly and northwesterly along the easterly boundary line of said plat,to the southeast corner of Lot 21 of said plat; Thence southwesterly along the south line of said Lot 21 and the south line of Lots 22 through 25, inclusive, of said plat, to the southwest corner of said Lot 25, said southwest corner also being a point on the easterly right of way margin of 125th PL SE; Thence northwesterly across said 125th PL SE, to the southeast corner of Lot 8 of said plat; Thence northwesterly along the south line of said Lot 8, to the southwest corner thereof, said southwest corner being a point on the west line of said plat; Thence northerly along the west line of said plat, to the north quarter corner of said Section 4 and the point of beginning. • • • H:\PI LE.SYS\LN D\01\0003.DOC Page 2 of 2 E\1-11131T "E" SERVICE AREA"B" RENTON SEWERS TO COAL CREEK LINES City of Renton Sewer Service Area"B" for transmission through Coal Creek Sewer District is comprised of all of Government Lot 2, in the Northeast quarter of Section 3, Township 23 North, Range 5 East, • W.M., City of Renton, King County, Washington; TOGETHER WITH that portion of Government Lot 1, in the Northeast quarter of said Section 3, lying westerly of the plat of Stonegate, according to the plat thereof, recorded in Volume 177, Pages 62-68, inclusive, Records of King County, Washington; and TOGETHER WITH that portion of Government Lot 3, in the Northwest quarter of said Section 3, lying easterly and northerly of the Plat of Ridgeview Estate, according to the plat thereof, recorded in Volume 146,Pages 19-21, inclusive, Records of King County, Washington; and TOGETHER WITH that portion of Government Lot 4, in the Northwest quarter of said Section 3, lying easterly and northerly of the following described line: Beginning at the Northwest corner of said Government Lot 4; Thence easterly along the north line of said Government Lot 4, a distance of 863.71 feet, to the Northwest corner of Lot 3 of revised City of Renton Lot Line Adjustment No. 010-90, as. recorded under King County Recording No. 9102129004, Records of King County, Washington, and the beginning point of said described line; Thence southerly, easterly and southerly along the west line of said Lot 3, to the southernmost Southwest corner thereof; Thence easterly along the South line of said Lot 3,to the Southeast corner thereof, said Southeast corner being a point on the east line of said Government Lot 4,and the terminus point of said described line. • H:\FI LE.S YS\LN D\0 I\0004.DOC Page I of I c EXHIBIT F CITY OF RENTON aimissimi NEW SEWER SERVICE BOUNDARY I '> I RENTON SEWERS TO COAL CREEK LINES RENTON SERVICE AREA FLOWING INTO 0 1000 2000 CCUD SERVICE AREA :.:::: : .::::_::: ::::::::::::::::::::::>: 1 : 120.00 or Nr I a EMS e r ' *�,fid m �� 4lir lio oi ibte t. = • ** #.4 \tA . ito,„ 41 Avbel sr A ss a9'L� • 1111 et _ . ^8., rill/ 71,011011111166 ' .4' •Fr vir. it.littfr'N1111 — . r KV A mi ion. OA viiii �6 tili e. 1P141P.... 04k itil itgotAit r I j /1- 441111ANT...sli...4 1111 I,,11iP131114 '© 11141-1[C, x r a 1r 111. 1 M lOktiliiiIIII tO rSE 95h � II� A ��� c�smog A link 4`9sf 1Iii!I1111 'Valle R xmiw ,,I, :r r all P Z 1.%i �.ill..... Mg A ti� A�h< 1 1 i 1. Ed 1 F� l;: i �i•1 1 II� JL;a �• }`Y^• IIl�1 • %.:iiiiiii•'i!!„.:-,.::: ;.-:::: ::.....;:,,, :.':,t,01:1':1!, *g..;1!":'im• 0.,,,o ■ .. ,..Js;.1�kall IV II it;-01/ - �T �l - 111111111111111111 7 `F .t J � t♦ �- L ■ In V � � � � ■1111■i1Ggr r, ,� .. .... ` ��►���' 1 Litho YE!!��il��1 ■IIID■ ■■t■■■■■� � �,�I�1���GL�rlr1•,Il�rr��,�'3y�r �P N� /mA� ..► � � �r �■� �■ � �svk 1 IAwltil Mils ■ � �� , ntmai � of !. �(•,+X 10 • , ■ e ..., Eli R cLY�."" 1141, iej, ♦ 1 ■1111111111 �< �lmoniiniur/ w �4 iii ' ,f`��ViTA S. �. 11 , Vit' r ' 4, v; etyl ' A " iii i■r -■'�A ♦ v,, ice■ ■n1411 mol `z gre 44: �i'•gr, t ^' FA irk �1111111I1l. � - ",, IPA --.11 s ■ . . :� ... .� nit ,,,C,� �� a IGLI��d3� .�i�Z!7cs• . �fir► •� .��`A � �r r - :� w� ram 111111// >•. a�,11/1]■111a . ina1IIM R1* ■� it w� �miry� a .�A� A 1 emir r = ■ r Z�" limo Ailkunimuiti ill ���*� �1■r ■■■ •14 �� 4 Ir , ti ■tsi)•10 `�vi 4111,'•':11$11411 Yk!, NT soi p 1 T>: = ; I.■ ? ►� rte . .wi �. �� © ■ r *`,j NiAll#4' 04. �Ix'ialfll+lik�lr NI , C,. ►�����w iN h. is ■■■..,!I� El?j ! 4#ts".1111111um iip1: w�D�► ebviii;uw_ L EN S Ii,1111 ■■■■■■■■■■Illi■■■■r■■1...... &WI v'' / BOARD OF COMMISSIONERS Victor J.Carpine R• p O +` f 44 James Denton V— Pamela A. Martin `4 ?° MANAGER " Thomas F. Peadon Gt/AL1 QTY DISC vJ�� SUPERINTENDENT CITY OF RENTON Larry D. Jones 7415 129th Avenue S.E. NOV 2 91999 OFFICE MANAGER Newcastle, Washington 98056 • (206) 235.9200 Pamela S. Nelson VD FF CITY CLERKRECEI'S EOFFICE • November 24, 1999 Mr. Gary Adams Mayor, City of Newcastle 13020 - 72nd Place Newcastle, WA 98059-3030 Re: Review of District Actions Dear Mayor Adams: " On behalf of the District Board of Commissioners and staff, we wish to express our appreciation and thanks to the Newcastle City Council for the Council's support of the District expressed at its October 19, 1999 meeting. We recognize and respect the difficult choices for the City Council regarding Bellevue's full or partial assumption of the District's service area in light of the conflicting facts and philosophies. As you are probably aware, our first negotiation meeting with Bellevue took place on November 23, 1999. Representatives from the Cities of Newcastle, Bellevue, Renton and the District participated. It is our understanding that the Newcastle City Council directed the City Manager, Andy Takata, to form a team with a council member and a representative from the Public Works Department. We would respectfully suggest that you, as Mayor, represent the City Council in the negotiations on behalf of the City of Newcastle. At the October 19, 1999 council meeting, you invited the District to meet with the City Council and staff in a study session to discuss the future relationship of the City and the District. We would now like' to do so. at the City's convenience. To assist the Council, the District proposes to provide Newcastle with a monthly report on relevant District actions, in order to keep Newcastle informed with respect to District actions. Consider this the first of such monthly written reports. During the next six months,'the Commissioners and staff are available to your Council members and staff to provide any information desired regarding the status and activities of the District. In no particular order of priority, we report on recent District actions for your information: DOCS\.2055\001\0188041.02 '21/1/4'r' - (F) ei • P !t• • Mr.Gary Adams Mayor,City of Newcastle November 24, 1999 Page 2 1. State Audit. The Washington State Auditor's Office recently completed its audit of the District for the period of January 1, 1998 through December 31, 1998 and up to the present. We are pleased to advise that the Auditor has determined that "In the areas examined, Coal Creek Utility District complied with the State laws and regulations and its own policies and procedures." This included the review and evaluation of the District's financial policies and the District's internal control structures, including the accounting for revenues and expenditures, fixed assets, cash and investments, the overall presentation of the District's financial statements and accounts receivable., The Auditor reported,"We audit`Ithe District] annually. -Over the past five audits, we have reported no areas of concern . . .. We also found the District's financial statements were complete and accurate." A copy of the complete audit is available upon request. 2. Revenue Bond Issuance. We are pleased to advise that on October 27, 1999, the District closed the sale of water and sewer revenue bonds in the amount of$3.4 million to Sun Trust Equitable Securities following a national competitive bidding process. The successful bid of 5.4804% was lower than the successful bid for bonds sold by the City of Seattle on the same day. The District's tax-exempt municipal bonds were fully insured, and the District received an A3 rating by Moody's Investor Service for the offering, almost the highest rating possible for a special purpose water- sewer district. The funds will be used for District capital improvement projects, including the District's operations center. 3. Operations Center. The District recently broke ground on its new operations center located in Newcastle at 6801 132nd Place SE, the approximate center of the District's service area. All District administrative and operations activities will be consolidated at the new site upon its completion, which is estimated for June 2000. Planned for more than ten years, the facility will reduce District operating costs by combining the four existing equipment and materials storage locations scattered throughout the District at one site. This will reduce the District's emergency and general response time, and allow for the provision of even better service to the District's customers. Further, if a Bellevue assumption of the District's facilities within Bellevue is consummated, the District will lose its primary material storage site at the Factoria reservoir, increasing the need for the operations center. 4. District Financial Status. Following consultant studies and public hearings, the Board increased the District's water and sewerservice rates and charges as well as the District's water and sewer connection charges effective November 1, 1999, and provided for. the pass-through of a King County/Metro sewage charge increase effective December 31, 1999 and implementation of certain local facility sewer charges on June 1, 2000. The Board increased these rates to provide for the long-term financial viability of the District. 5. District Budget/Fiscal Policies. The Board has resolved to adopt a formal budget for the District. District staff provided a draft budget format for future District J, Mr.Gary Adams Mayor,City of Newcastle November 24, 1999 Page 3 budgets to the Board at its October 27, 1999 meeting for consideration and adoption through a public process in either December 1999 or January 2000. Further, the District is continuing to review its fiscal policies, to guide future budgeting and financial decisions. 6. Initiative 695. The District feels it is well positioned tocarry out the voter mandate.in 1-69.5 throughits recent revenue,is -financing andthe updating of all of its major utility rates and charges. This will make the District less reliant on connection charges in yearsto come and financially viable to maintain and update its state-of-the-art utility systems. A strong,argument can be made that maintaining the District as an independent municipal entity in future years will benefit Newcastle's citizens because of its ability to respond to the revenue constraints imposed by I-695. 7. Cascade Water Alliance. Regional water supply planning and meeting the future water demands of the District/Newcastle service area are of critical importance to the District. That is why the District has been actively involved in several local and regional associations addressing such issues, including the East King County Regional.Water Association, the Seattle Purveyors Committee, and the Interim Water Group -the precursor to the Cascade Water Alliance. However, the District has not yet determined whether to become a member of the CWA. Under the interlocal agreement forming that entity, the District wouldbe required to assignits contract to buy water supply from the City of Seattle to the CWA and pay an "old water" buyout fee of $1.68 million to the CWA, in addition to all other 'membership fees and assessments. This amount must be paid in a "lump sum or over up to 5 years with interest." (Nov. 2, 1999 CWA membership offer to the District) The District has been reluctant to impose this financial burden on its customers in addition to basic commodity charges. Seattle has been clear in its position that it would not recognize the CWA as a governance entity unless it obtained 75% purveyor membership by November 15, 1999. However, as of that date, membership in the CWA fell well below that benchmark (47%), and the future of the CWA is uncertain. Seattle, by letter dated November 16, 1999 to its wholesale customers-and to CWA members, stated that it was not abandoning the governanceprocess but also indicated that "we must find another governance alternative." Therefore, the District ' has taken possible membership in the CWA underadvisement' and will monitor further discussions between the purveyors, the CWA and Seattle to determine what is in the best interest of its customers and Newcastle's citizens regarding membership in the CWA. Otherwise, the District has a full supply agreement with Seattle until the year 2012 without the burden of the "old water" buyout. Further, the District provided written notice to the City of Seattle in' 1996, pursuant.to the requirements of its existing DOCS\22055\001\0188041.02 Mr.Gary Adams . Mayor,City of Newcastle November 24, 1999 Page 4 purveyor contract, of its intention to extend the Seattle supply agreement beyond the year 2012. 8. Asbestos Cement (AC) Water Main Replacement. The District has aggressively replaced AC water main because of its vulnerability to seismic events, catastrophic failures and possible health concerns expressed by our customers. This has been funded through one- percent interest state public works trust fund loans, revenue bond proceeds, and rates and charges. Only a small portion of the District's water system is still AC .pipe: `wre. will,.i ontin c to review-our AC. replacement program by considering the impacts of E.S.A., seismic issues, employee safety, cost effectiveness using today's dollars, and listening to what our customers desire. 9. Storm and Surface Water Services. At Newcastle's invitation; the District has submitted several proposals in the past two years to provide storm and surface water system maintenance services to the City. The District also has the capability of billing Newcastle residents for this service on a bi-monthly basis. Providing this service is an example of how Newcastle and the District, by interlocal agreement, can work together to serve our mutual customers and citizens. District staff recently met with your city manager and public works department staff and are now in a transition phase to provide this service conditioned on the approval of an interlocal agreement between the District and the City. We hope that Newcastle finds this report helpful. The District will provide Newcastle with continued monthly reports on all significant District activities for the next six months and beyond, should the City so desire. Lastly, we look forward to working with Newcastle representatives in the upcoming months to promote and protect the best interests of your citizens and our customers. Very truly yours, COAL CREEK UTIL DISTRICT Pamela A. Martin, President . Board of Commissioners cc:. Chuck Mosher, Mayor of Bellevue . Jesse Tanner, Mayor of Renton 'Newcastle City Council Renton City Council 17 Washington State Boundary Review Board For King County Central Building, Suite 608,810 3rd Avenue, Seattle, WA 98104-1693 November 22, 1999 Phone (206) 296-6800 •Fax (206)296-6803 CITY OF RENTON The Honorable Brian Derdowski N O V 2 9 1999 The Honorable Rob McKenna RECEIVED Metropolitan King County Councilmember CITY CLERK'S OFFICE Room 1200, King County Courthouse 516 - 3rd Avenue Seattle, WA 98104 RE: NOTIFICATION TO GOVERNMENTAL ENTITIES OF PROPOSALS File No. 2066 - City of Bellevue - Coal Creek Utility District Assumption (Portion within City Limits) Dear Councilmember McKenna: The Boundary Review Board takes this means of informing all potentially interested parties of Notices of Intention that are filed with the Board. The map on the reverse indicates the area involved in a presently pending action. A public hearing has been requested by the City of Bellevue, the hearing date has not been scheduled at this time. Sincerely, Lenora Blauman Executive Secretary cc: King County Water and Land Resources Division, ATTN: Richard Rice King County Office of Cultural Resources, ATTN: Jim Kelly King County Fire Protection Engineering, ATTN: Mr. Paul Eichhorn King County "911" Program Seattle-King County Department of Public Health Puget Sound Regional Council - Environmental Review Cities: Newcastle and Renton District(s): Coal Creek Utility District Bellevue School District No. 405 and Renton School District No. 403 FORM 10 % i B H L A 4D I,- NOTICE OF INTENTION ' I Assumption of Coal Creek Utility Disuut I, I i —l- __ _—_T By the City of Bellevue,Washington ` l• I , I i , \ I� ! PROJECT AREA f ,i-) \ HINC 1 ,1 Y/A B H 0� t COUNTY i • i I L\C1 61 (x1 FEEL. 1:73.200 • H N>1S RO I N r !� -- ------' JN P INT , ' �. . I ; /-I \ v \ I1:,•. ,7: :ir'... ' , I , l 'I I B EIDNOND / 1 I r i / , `T'f_ J ,i i / I ,\, 1 C L Y-D E 1 t�=�._._.-__,_ .✓ 1 1 ;MEDINAi HILL. � ;• . ., I . , , fr 1 {, I 1 / i - _ / l f- ♦ 1 , r, J , - \ 1 .1 ,---, \ I •-' / IAKE BELLEVUE WASHTNCTON it ``, 1\. r,.TA 5A /MA M1 Sif -• ^ , /BAN701 1 , ,`- -- \ 1 141! I •/ N. lii \��N. BE UX- AMTS r-J\-1` (%,-1 I ,�'� I I, I , -�, _ , 1 / ,,. L '� \ l` v. KING CODNTY '� -\ MERCER ' . T-J' L_—_1 ` ISLAND ,' . • - • Ty L•L_ '1 �� t t 1 r OUNJY, ,1 S SAQUA3 / i - ` I / , 1 , / . , . . . . . . T 1 '—' /� / I DISTRICT `\ /, •I NEWCASTLE LEGEND • I 101!N . Potmon of Coal nod( 1 _ _ I;hlitlr y stna that � _- Bellevue wants to assume , Boundary of flI I KING COUNTY •. Corel Creek ,y - -.-- i- I Utility Ihsnict - C _ _ '\1 City hunts(nay t>cENTON 0 U l T Yr ' / yannalizcd outside ...,- , ut .uta being assumed) — L_., — -- _-1 — — — —-- • SUMMARY FILE NO., 2066 Thomas Guide Map No. 596, 626 Date Submitted: 11-12-99 Date Recorded: 11-15-99 ENTITY City of Bellevue Date Filed: ACTION Assumption Expiration 45 Days: 12-30-99 TITLE Coal Creek Utility District Board Meeting: 12-9-99 Location The Coal Creek Utility District is bounded generally by I-90 on the north and by Lake Washington on the west. The eastern border of Newcastle (contiguous with unincorporated King County) is also the eastern boundary of the District, and May Creek generally forms the southern limits of the District. Land:Area. The total Coal Creek Utility District is 5,260 acres, including: 2210 acres (42% of land) in Bellevue; 210 '.acres (4.0%) are in unincorporated King County, 2560 acres (48.7%) are in 'Newcastle; and 280 acres (5.3%) are in Renton. ' Population City of Bellevue has provided population figures -reported from the Office of Financial Management (1999) and/or the 1998 King county Annual Growth Report. 1The population of the City of Bellevue is reported at 106,200. The City of Newcastle has a reported population of 8,605. The City of Renton has a reported population of 47,620. Approximately 556 residents are reported to live in unincorporated King County. Assessed Valuation The total assessed valuation of the Coal Creek Utility District is $1,994,948,493.00. Of this amount, $1,210,374,725 (60.67%) of the assessed value is assigned to that portion of the District which is within Bellevue city limits. Community Plan Area NA Community Plan Designation NA County Zoning NA City Comprehensive Plan .. .. .The City of Bellevue adopted a Comprehensive Plan in'1993. City Zoning NA District Comprehensive Plan Coal Creek Utility District Comprehensive Water System Plan was adopted in 1994. Adoption is pending for the Draft Sewer System Comprehensive Plan- 1999. S District Franchise The Coal Creek Utility District franchise with King County expired with the annexation of affected lands to Bellevue and the incorporation of Newcastle. If the proposed assumption is approved, Bellevue will provide service to. its citizens. If the proposed Bellevue assumption is not approved, the District could be required to negotiate a franchise with Bellevue. Newcastle may also require a franchise for the District to continue to serve that City. Urban Growth Area (UGA) Within UGA designated under Growth Management Act (GMA) SEPA Declaration Declaration of Non-significance (DNS) 10/14/99 ENTITIES/AGENCIES NOTIFIED: King County Council Member(s) Brian Derdowski, Rob McKenna Other Agencies: Clerk of Council, Department of Assessments, Fire Marshal, Health Division, State Department of Ecology, Puget Sound Regional Council, Municipality of Metropolitan Seattle (Metro) Cities: City of Newcastle, City of Renton Fire Districts: Bellevue Fire District Water Districts: • Coal Creek Utility District Sewer Districts: Coal Creek Utility District School District: Bellevue No. 405; Renton No. 403 IP SUNDIARY, FILE NO. 2066 (Continued) The Coal Creek Utility District currently is located on lands that are within the City of Bellevue,-the City of Newcastle,the City of Renton, and includes a small area of land in unincorporated King County. The City of Bellevue proposes assumption of that portion of the Coal Creek Utility District that lies within the Bellevue City limits. It would also assume a small portion of the District that is in an unincorporated area (in Factoria); this unincorporated area is entirely surrounded by the City of Bellevue. State law (RCW 35.13A) allows a city to assume a utility district provided that at least 60% of either the District's land area or assessed valuation is attributed to lands within the city limits. The City of Bellevue's assumption of the Coal Creek Utility District is permitted because 60.67% of the District's assessed valuation lies within the City of Bellevue. The City is seeking to assume only the portions of the District within Bellevue City limits to provide utility services more efficiently and at a lower cost to improve long-term financial health for customers in the City of Bellevue. The City of Bellevue reports that assumption of the portion of the District in Bellevue would assure long-term water supply. The current contract between the Coal Creek Utility District and the City of Seattle, which provides for water supply, will expire in 2011. The City of Bellevue reports that it commissioned a service area study by the Financial Consulting Solutions Group, Inc. of the Coal Creek Utility District, which rim provides services in a portion of Bellevue. The purpose of the study was to consider various options for providing reliable, efficient utility services to the community. Based upon study results, the City is proposing assumption of the portion of the Coal Creek Utility District within the City limits. The study fords that the partial assumption is feasible and can provide the same level of service at a reasonable cost. The City reports that the assumption of the District is consistent with the State Growth Management Act (RCW 36.70A.110) and King County Countywide Planning Policies (e.g. Policy FW 13) which state that cities are the units of local government most appropriate to provide urban services (e.g., sewer, water). Assumption of the District is similarly consistent with the Bellevue Comprehensive Plan Utility Element, which calls for the city to "own and operate" all public utility services within the City's boundaries. The area of the District was included in the Comprehensive Plan Potential Annexation Area (PAA). The PAA has been negotiated with the Cities of Renton and Newcastle and with King County. The City of Bellevue proposes only to assume those portions of the District that are located within the City limits (and including an island of King County territory). However, as the District extends into the Cities of Newcastle and Renton, those cities have an interest in the assumption. Each of those cities has expressed interest in/concerns about the proposed assumption of a portion of the District by the City of Bellevue. Specifically, the City of Newcastle considered the proposed assumption at a City Council meeting on October 19, 1999. The Council agreed (6-1) to adopt a motion to "defer any action regarding assumption of territory within Coal Creek Utility District until April 4,2000, and during the intervening six months conduct a further review of City options". The Council also unanimously agreed to direct the City manager to "participate in discussions with the Coal Creek Utility District and the City of Bellevue (to achieve) cooperative legal agreement on the operation of the Coal Creek Utility District". The City of Renton submitted a letter to the City of Bellevue on November 1, 1999. This letter reported that Renton has several concerns related to the proposed partial assumption (e.g., increased rates and costs for service, potential drop in level of service, issues related to water quality and fire flow). Renton officials have urged Bellevue to reconsider its proposed course. The Coal Creek Utility District has also provided a letter (dated October 29, 1999) to the City of Bellevue. That letter proposes "the immediate opening of negotiations between the District and the City of Bellevue regarding the division of the District's system, assets and liabilities". The letter also proposes inviting the interested cities of Newcastle and Renton to participate in these negotiations. Pending the outcome of these negotiations, the District has deferred a final decision to support or oppose the partial assumption. The City of Bellevue reports that City representatives have initiated the process of negotiating agreements with the City of Renton, the City of Newcastle and the Coal Creek Utility District. The intent is to create a negotiated agreement that would provide facilities to each party for the "life of the facilities and at a reasonable cost." This agreement would mitigate some of the concerns of the affected cities, although, it is not likely to entirely eliminate negative impacts (e.g., initial increases in costs and rates to remaining District customers) to Renton and Newcastle. The City of Bellevue is pursuing assumption of a portion the Coal Creek Utility District, because City officials believe that this action is needed to provide its residential and commercial customers reliable and efficient utility services at a considerably more reasonable investment than is required for services through the District. Bellevue has requested that the Boundary Review Board invoke jurisdiction, conduct an assessment over the full 45 day review period, and schedule a Public Hearing for April 11, 2000. BABE<, �° 0` <� City of ` v � m �yw �? Bellevue .7*-4 GAG Post Office Box 90012 Bellevue, Washington • 98009 9012 • November 17, 1999 CITY OF RENTON NOV 2 2 1999 Blair B. Burroughs, Esq. RECEIVED 4750 Wells Fargo Center CITY CLERK'S OFFICE 999 Third Avenue Seattle, WA. 98104 Dear Mr. Burroughs: The City of Bellevue recently received a letter from Pam Martin, President of the Coal Creek Utility District Board of Commissioners, dated October 29, 1999. In that letter, Ms. Martin proposed the immediate opening of negotiations between the Coal Creek Utility District and the City of Bellevue regarding the division of the District's system, assets, and liabilities. She suggested we contact you to set up a meeting to begin the negotiations. She also suggested that the cities of Newcastle and Renton be invited to participate in these negotiations. The City of Bellevue agrees with this approach. , I suggest we schedule a meeting immediately to begin negotiations. I further suggest we schedule meetings every two weeks thereafter to ensure we maintain the momentum of • the negotiations. For the first meeting, I propose our agenda cover the following topics: 1) Agreement on key meeting participants; 2) Agreement on future meeting schedule; and 3) Development of negotiation principles. The following individuals from Bellevue are expected to attend the first meeting: Lloyd Warren,Utilities Director Larry Southwick,Assistant Director Brad Miyake,Deputy Director Rick Kirkby, Assistant City Attorney Karen Reed, Intergovernmental Relations Manager We encourage the Coal Creek Utility District and cities of Newcastle and Renton to feel free to invite those from their organizations they would like to attend the meeting. Utilities Department • Director's Office • (425) 452-7819 • FAX (425) 452-521,4 The Director's Office islocated at 301 - 116th Avenue S.E., Suite#230 Bellevue is recommending that the first meeting take place on Tuesday, November 23 from.1.-:09-3:00 at the Factoria Square Mall Conference Room, located next to the "Petco" store. Bellevue Utilities staff will contact you prior to the meeting to re-confirm the meeting location and date. I look forward to meeting with the Coal Creek Utility District,Newcastle, and Renton to negotiate a fair and reasonable agreement. Please feel free to contact me at (425) 452-7675. Sincerely, Lloyd Warren Utilities Director City of Bellevue cc: Gary Adams,Newcastle Mayor Newcastle City Council Andy Takata, Newcastle City Manager Jesse Tanner, Renton Mayor Renton City Council Jay Covington,Renton City Manager Lys Hornsby, City of Renton Mike Creighton, Bellevue Mayor • Bellevue City Council C:\Data\WP\LLOYD\ccud l.doc November 1, 1999 Noe Renton City Council Minutes r1.10 Page 389 Development Services: Finance Committee Chair Edwards presented a report recommending that the Building Inspector Step Planning/Building/Public Works Department be authorized to upgrade the Upgrade Building Inspector/Combination position to Step D of the salary range. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL CONCUR IN THE REPORT AS READ. CARRIED. Parks: Lease with iCopyright Finance Committee Chair Edwards presented a report regarding a lease with for 200 Mill Ave S Building iCopyright, Inc. for the top three floors of the former City Hall building(200 (Three Floors) Mill Ave. S.). The Finance Committee recommended concurrence in the staff recommendation to authorize the Mayor and City Clerk to sign the proposed lease with iCopyright,Inc.,to expire August 31, 2004. MOVED BY EDWARDS, SECONDED BY NELSON,COUNCIL CONCUR IN THE REPORT AS READ.* Responding to Councilmember Keolker-Wheeler,Facilities Director Dennis Culp said the rate per square foot will be$14.75,which is on the higher end of the current market range. He added that it will be a full-service lease. *MOTION CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution#3415 A resolution was read setting a hearing date on November 22, 1999,to vacate Vacation: Alley @ Lind& the alley located between Lind Avenue SW, Seneca Avenue SW, SW 12th and Seneca and SW 12th& 13th, SW 13th Streets(Bryant,Clements,Hess,Frankeschina and Gaidjiergis,VAC- Bryant/Clements Const 99-001). MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3416 A resolution was read authorizing the Mayor and City Clerk to enter into an Municipal Court: State interlocal cooperative agreement with the Office of the Administrator for the Reimbursement for Computer Courts regarding a limited reimbursement for expenses incurred in purchasing &Printer for Muni Ct Judge a personal computer and printer for use by the City of Renton Municipal Court Judge. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3417 A resolution was read adopting the 1998 Long-Range Wastewater Management Public Works: 1998 Long- Plan(Sanitary Sewer Comprehensive Plan). MOVED BY CLAWSON, Range Wastewater SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS Management Plan READ. CARRIED. A L Resolution#3418 A resolution was read expressing the City Council's opposition to the City of (` Council: Bellevue's Proposed Bellevue's proposed partial assumption of the Coal Creek Utility District. Partial Assumption of Coal MOVED BY CLAWSON, SECONDED BY SCHLITZER, COUNCIL ADOPT Creek Utility District THE RESOLUTION AS READ. CARRIED. Resolution#3419 A resolution was read authorizing the Mayor and City Clerk to enter into an Finance: Issaquah School interlocal cooperative agreement with the Issaquah School District for handling District Impact Fees of school mitigation fees. MOVED BY EDWARDS, SECONDED BY NELSON,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and advanced for second and final reading: Finance: Issaquah School An ordinance was read adding a new section entitled"School Impact District Impact Fees Mitigation Fees"to Title IV(Development Regulations) of City Code authorizing the collection of school impact fees for Issaquah School District No. 411; providing findings and definitions;providing for impact fee program elements and fee calculations;providing for fee assessments; providing for November 1, 1999 Renton City Council Minutes `a+' Page 385 programs adopted as part of its business plan for 1999 and beyond. Items noted included: * The City intends to have the Main Ave. S. construction complete by the end of this month,weather permitting. Exceptions will be the final grinding,pavement overlay and lane marking which will be done next year as the outdoor temperature allows. * New playground equipment and surfacing have been installed at both Teasdale and Maplewood Parks. * Over 1000 children and parents attended the Renton Recreation Division's "Boo Carnival"at the Renton Community Center last Saturday in celebration of Halloween. AUDIENCE COMMENT Blair Burroughs,4750 Wells Fargo Center, 999 Third Ave., Seattle, Citizen Comment: Burroughs representing the Coal Creek Utility District, expressed appreciation for —Coal Creek tili k I R: Renton's opposition to the City of Bellevue's proposed partial assumption of Proposed Partial Assumption the utility district. (See page 389 for Council action on this matter.) by Bellevue , Citizen Comment: Steiner— Fred Steiner, 111 S. 3rd St.,Renton,98055, the owner of Diamond Lil's and Gambling Tax Freddie's Club, said that since these two establishments began operating as enhanced card rooms under State law,the gambling taxes he pays to the City of Renton grew from$100,000 to$1.5 million per year. Explaining that running an enhanced card room requires more upfront costs for labor,rent and promotions,he opposed the Administration's proposal to raise the tax on card room revenues from 10%to 20%, claiming such an increase would amount to half of his net proceeds. Adding that a 20%tax could easily put him out of business in an economic downturn,Mr. Steiner said after reviewing his receipts for the last three years,he came to the conclusion that if he had been taxed at 20% during that entire period,he would not be in business today. Responding to Council President Parker,Mr. Steiner said although he would not agree to any increase in his tax, a 12%rather than a 20%tax would be,at least,palatable and he probably could absorb it. Mr. Steiner added that a reduction in the pulltab tax from 5%of gross to 10%of net revenues would help soften any increase in the card room tax. Councilmember Keolker-Wheeler questioned if Mr. Steiner and other card room owners agreed to the 20%tax rate when the State was in the process of approving enhanced card rooms. Mr. Steiner explained that the 20%rate has been in place since 1973. He said no card room owner would accede to being taxed at that rate because no establishment could survive it in any kind of economic downturn. Citizen Comment: Gevers— Bob Gevers, 900 Kirkland Ave. NE,Renton, 98056,reported that his son,who Prohibition Against was visiting him from Tacoma last weekend,received a ticket for parking his Advertising Parked Vehicles vehicle in front of Mr.Gevers' house with a"For Sale" sign in the window. For Sale Expressing surprise that such a law exists,Mr. Gevers said his son has decided to pay the fine because it would be completely inconvenient for him to contest the ticket,which would require that he take time off work to travel to Renton's Muncipal Court and explain the circumstances under which it was issued. Mr. Gevers asked if his son had any alternative other than paying the ticket or appearing in Municipal Court. Adding that this law was adopted by Renton from the Washington Administrative Code(WAC 308.330.436),he suggested that Renton not simply adopt it"as is"but revise it to provide for exceptions in lowly October 25, 1999 Renton City Council Minutes Page 376 The Community Services Committee also recommended that the Mayor and City Clerk be authorized to execute an agreement with AT&T extending the franchise deadline for completion of the public access studio under Section 5 of Ordinance No. 4412 to January 1, 2001, subject to additional terms and conditions to guarantee that AT&T's performance meets the City's expectations. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Executive: Renton Reporter Community Services Committee Chair Nelson presented a report regarding a Contract to Publish CitySource contract amendment with the Renton Reporter to print CitySource. On a three- month trial basis,the City Council approved a contract amendment in June to produce CitySource as one full page every other week as an advertisement in the Renton Reporter. CitySource runs in the first and third editions of the Renton Reporter each month. CitySource was formerly two full pages printed in the first edition of the Renton Reporter each month. The format change did not affect the cost of the contract. This new,bi-monthly format for CitySource allows the City to communicate with residents and business more often and provide current information on events and activities. The Community Services Committee recommended that the Mayor and City Clerk be authorized to sign a contract amendment with the Renton Reporter. MOVED BY NELSON, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Edwards presented a report recommending approval Finance: Vouchers of Claim Vouchers 175557 - 175997 and two wire transfers in the total amount of$2,051,068.70; and approval of Payroll Vouchers 22084 - 22551 and 520 direct deposits in the total amount of$942,652.58. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE • REPORT. CARRIED. Utilities Committee Utilities Committee Chair Clawson presented a report recommending Public Works: 1998 Long- concurrence in the Administration's recommendation that Council approve the Range Wastewater 1998 Long-Range Wastewater Management Plan, and authorize the Mayor and Management Plan City Clerk to execute the resolution by which Renton will formally adopt the plan. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY CLAWSON, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utility: Proposed Partial Utilities Committee Chair Clawson presented a report regarding the proposed Assumption of Coal Creek partial assumption of the Coal Creek Utility District by the City of Bellevue. Utility District by Bellevue While the City of Renton recognizes and supports the Growth Management Act provisions and county-wide policies indicating that cities are the preferred • utility service providers,individual circumstances must always be considered in determining the optimal service provider. Bellevue's proposed partial assumption of the Coal Creek Utility District's water and sewer service area within the Bellevue city limits will create a situation in which the water and sewer rates for Coal Creek customers within the cities of Renton and Newcastle could increase substantially. The Utilities Committee has compared Bellevue's position and technical data submitted for support with the District's position and supporting data,and determined that the proposed partial assumption will provide no benefit to Renton or Newcastle customers in return for their rate increase. Customer survey results indicate that Coal Creek Utility District has provided excellent service to its customers in Bellevue,Newcastle and Renton. The Nose October 25, 1999 Renton City Council Minutes Page 377 survey also indicated that customers strongly prefer that Coal Creek Utility District(not the City of Bellevue)continue to provide for utility service. The district is financially sound and has the infrastructure in place or in its long- range plans to handle future build-out of its service area. For this reason,the Utility Committee recommended that the City Council and the Administration send a letter and a resolution to Bellevue stating Renton's opposition to • Bellevue's proposed partial assumption of the Coal Creek Utility District. MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Responding to Councilman Edwards, Councilman Schlitzer explained that the proposed change in jurisdiction for a portion of the utility district would have a completely negative effect on all affected customers. Adding that both Renton and Newcastle are highly satisfied with the utility district's performance and level of service, he said transferring one-third of the district's service area to . Bellevue would be disruptive and costly and would raise rates for numerous customers for no reason other than conformance to a political boundary. *MOTION CARRIED. ORDINANCES AND The following ordinances were presented for second and final reading: RESOLUTIONS Ordinance#4796 An ordinance was read adopting the 1999 Amendments to the City's 1995 Comprehensive Plan: 1999 Comprehensive Plan, Maps and Data in conjunction therewith. MOVED BY Amendments KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Rezone: Taco Time Councilmember Keolker-Wheeler noted that the ordinance rezoning the Maple Headquarters on Maple Valley Valley Taco Time headquarters on Maple Valley Highway from Residential- Hwy from R-8 to CC(R-98- Eight Dwelling Units Per Acre (R-8)to Convenience Commercial (CC) is 042) being held due to complications arising from the recent death of the property owner. Ordinance#4797 An ordinance was read changing the zoning classification of approximately Rezone: Conrad Parcel on SE 0.86 acre located north of SE 6th Street from Residential Eight Dwelling 6th St from R-8 to R-10 (R-98- Units Per Acre(R-8)to Residential - 10 Dwelling Units Per Acre(R-10) for the 042) Maple Valley Taco Time Conrad parcel (R-98-042): MOVED BY KEOLKER- WHEELER, SECONDED BY SCHLITZER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4798 An ordinance was read changing the zoning classification of approximately Rezone: Cedar River Market 0.14 acre located north of Maple Valley Highway from Residential-Eight on SE 6th St from R-8 to CC Dwelling Units Per Acre(R-8)to Convenience Commercial(CC) for the Cedar (R-98-042) River Market(R-98-042). MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4799 An ordinance was read changing the zoning classification of approximately Rezone: Cedar River Barber 0.014 acre located north of SE 6th Street from Residential-Eight Dwelling Shop on SE 6th St from R-8 to Units Per Acre(R-8)to Convenience Commercial(CC) for the Cedar River CC (R-98-042) Barber Shop(R-98-042). MOVED BY CLAWSON, SECONDED BY SCHLITZER,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4800 An ordinance was read changing the zoning classification of approximately • Rezone: Southport Project 17.1 acres located between.Gene Coulon Park on the east,Boeing (Shuffleton Site), from IH to Manufacturing Operations on the west, and Lake Washington on the north from COR(R-99-027) Heavy Industrial (IH)to Center Office Residential(COR) for the Southport APPROVED BY ...� "` CITY COUNCIL Date b° - a-1-9'9' UTILITIES COMMITTEE COMMITTEE REPORT October 25, 1999 Partial Assumption of the Coal Creek Utility District by the City of Bellevue (Referred September 20, 1999) While the City of Renton recognizes and supports the Growth Management Act provisions and countywide policies indicating that cities are the preferred utility service providers, individual circumstances must always be considered in determining the optimal service provider. Bellevue's proposed partial assumption of the Coal Creek Utility District's water and sewer service area within the Bellevue City limits will create a situation in which the water and sewer rates for Coal Creek customers within the cities of Renton and Newcastle could increase substantially. The Utilities Committee has compared Bellevue's position and the technical data submitted for support with the District's position and supporting data, and determined that the proposed partial assumption will provide no benefit to Renton or Newcastle customers in return for the rate increase.. Customer survey results indicate that Coal Creek Utility District has provided excellent service to its customers in Bellevue, Newcastle and Renton. The survey also indicated that customers strongly prefer that Coal Creek Utility District (not the City of Bellevue) continue to provide for utility service. The district is financially sound and has the infrastructure in place or in its long range plans to handle future build-out of,�i�s,,s yiie aarre.. For this reason,the Utility Committee recommends that 'X the City Council draft a let{er roltergvue s a mg Renton's opposition to Bellevue's proposed partial assumption of the Coal Creek District. AND A Pit I MS7 r oM " Dan Lawson, Chair .J Timothy J. Sch t r, ice hair Kathy olker-Wheeler, Member cc: Gregg Zimmerman Lys Hornsby Abdoul Gafour David Christensen UCR-CCUDILLHaf . .. .. . ..., . .... .......... . .. .. . . .. .....: RECEIVED ....... ‘,..., oc 1 2 1 .N99 -...„..:". v. .,... . .... :,; -I, C 1 ... . :.".,:. . .. .. . . RENTON CITY COUNCIL 3 e-, 6:,S 2.3 ..... ,..., fiRS)11\16:-. 7-4-t-<- --,-- (')U,P-r) )- - - , .., .. t: I-- c--LA • c 14)f.''..-C-1-c: - -- --...-_, • k.4 irjPbm *VIE: e M IP Po kiq 12 123 Sit- 1.4. 3fattE:Vt4E: wet 61/666 . 1 lbe .. ., -:f,A1 IQ 7 THe WE A f`..- ' ''''' '''.. voisscommusaairmineant j %TAKE NEM. OF CC' tit L.) ‘'. 1 • 174-it CITY OF OE A1* ki Lte 7) _ 7c--,'---ef„-i-1----).--65-2/(f --'-s-- -- ,•'(- -ei,-- 1 a-1 --- _e--- /.ii,..... .- - •--'- (-_-.1 I .." ...• . (..------- ,/ 1,,,-,' '''' _ ) /7 1-•• ;.-..,...--.:i?:,7.://i 7-;.:. i .I--------- -... -..-- .1'..------ / „...-• .,- . . • • • • • �� hin ton State Boundary �, Was g Review Board For King County N.'4 '10. Central Building, Suite 608,810 3rd Avenue, Seattle, WA 98104-1693 Phone (206) 296-6800 •Fax (206)296-6803 October 6, 1998 CITY OF RENTON OCT 0 71998 RECEIVED CITY CLERK'S OFFICE The Honorable Christopher Vance Metropolitan King County Councilmember Room 1200, King County Courthouse 516 - 3rd Avenue Seattle, WA 98104 RE: NOTIFICATION TO GOVERNMENTAL ENTITIES OF PROPOSALS File No. 2037 - Coal Creek Utility District- Stafford Crest Annexation Dear Councilmember Vance: The Boundary Review Board takes this means of informing all potentially interested parties of Notices of Intention that are filed with the Board. The map on the reverse indicates the area involved in a presently pending action. If you feel this action should be the subject of a public hearing by the Board, you may request review as provided for in RCW 36.93.100. This office is available to provide you with further information concerning procedure for requesting a hearing. This deadline for making a request for a hearing on this proposal is expected to be November 12, 1998. Sincerely, ,f '_ Alda Wilkinson Executive Secretary cc: King County Water and Land Resources Division, ATTN: Richard Rice King County Cultural Resources Division, ATTN: Leonard Garfield King County Fire Protection Engineering, ATTN: Mr. Paul Eichhom King County "911" Program Seattle-King County Department of Public Health Puget Sound Regional Council - Environmental Review Cities: Bellevue Newcastle Renton District(s): King County Fire Protection District No. 25 Renton School District No. 403 111451 I11 J Qv 7712 I 3711 24 wa10 \ u�� . 1':. —nom/-1_1-111: Illu IIn•u itq] nN] naypi 11.0 li 9 ^1 007 t7 — — —T--- - — ZG" 2,0, hn; :i: fnas3I .7os 7.2.E7LT I 1.4 10 kW , 1 .1gi , \ 1,710 I ® I I ).$1i I ®I `.`1 271 1 I86 0��j v I I I IBM VE 3; H STdill t \ 1f 11102 11.02 11616 11432 12 6 r s 2717 Ox jSE 88THISTREET I I I I I rHr .sr.:•..:1 ••.•:,s.-.x:;..w.n.�w.,�:r- <•-ronwlscw it!,: 6E� ., I :, Lar• �7 I e. I ,rn : ;e, r1 rT 3 — — — 1115 J:,, 11422 ': 20 , ' J 1 ..,r :;.‘- "�: .� .off, I Ben_ _ eel, e 1 >. I Q Hats �—I I eels — �� — — — ..1. 11424 11436 11444 2627 I r(6 67 (' ~ O1-s. �'7 » 494 "s - 89T PLACE SiNI Ii > i �4Pr1 poS., . f,, 11421 11471 11441 11451 C., — X4/9 — exa�ti• :•n I �' I 7427 I I II .... 1 . 4:- I 41 . .. 1 I 6 t-r I Area , 1 I 65 I I •• PM a r•.. 74 1 7j ® iE 33RD STREET I .ti — I - - —� - .. - II I Of • e2 i „ E. '�'� f't"rt' 1104 g f s'■ 77 O 7.a 727 771 (�441 n tn d'l I S OD •. 1 -, ti� Existing CCU[ ound ry `_ I' rii op 4- ti, IlkEIGHTH AVENUE•_ __ 4' 9 I ...........=___, — __ wkw)y CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, EXPRESSING ITS OPPOSITION TO. THE CITY OF BELLEVUE'S PROPOSED PARTIAL ASSUMPTION OF THE COAL CREEK UTILITY DISTRICT. WHEREAS, the City of Renton supports the Growth Management Act provisions and countywide policies indicating that cities are the preferred utility service providers; and WHEREAS, individual circumstances must always be considered in determining the optimal service provider; and WHEREAS, the City of Bellevue's proposed partial assumption of the Coal Creek Utility District's water and sewer service area within the Bellevue City limits could result in a substantial rate increase for water and sewer services for Coal Creek customers residing within the cities of Renton and Newcastle; and WHEREAS, the City of Renton has determined that the proposed partial assumption will provide no benefit to Renton or Newcastle customers in return for such a rate increase; and WHEREAS, the Coal Creek Utility District has provided excellent services to its customers in Newcastle and Renton and these customers strongly prefer to have the Coal Creek Utility District continue to be their service provider; and WHEREAS, having the Coal Creek Utility District continue to be the service provider for Renton and Newcastle citizens appears to be in their best interests, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. 1 SOLUTION NO. 3 418 91110 SECTION II. The Mayor and Council President are hereby authorized to write a letter to the City of Bellevue stating Renton's opposition to Bellevue's proposed partial assumption of the Coal Creek Utility District. PASSED BY THE CITY COUNCIL this 1st day of November , 1999. arilyn J. 'et:i •n, City Clerk APPROVED BY THE MAYOR this 1st day of November , 1999. (1644-4. JesseAnner,Mayor J Appwrgved as to form: a7/7-)G.-7-y• 0-- Lawrence J. Warren, City Attorney RES.755:10/26/99 2 !y 1 November 1, 1999 Renton City Council Minutes ` Page 389 Development Services: Finance Committee Chair Edwards presented a report recommending that the Building Inspector Step Planning/Building/Public Works Department be authorized to upgrade the Upgrade Building Inspector/Combination position to Step D of the salary range. MOVED BY EDWARDS, SECONDED BY NELSON,COUNCIL CONCUR IN THE REPORT AS READ. CARRIED. Parks: Lease with iCopyright Finance Committee Chair Edwards presented a report regarding a lease with for 200 Mill Ave S Building iCopyright,Inc.for the top three floors of the former City Hall building(200 (Three Floors) Mill Ave. S.). The Finance Committee recommended concurrence in the staff recommendation to authorize the Mayor and City Clerk to sign the proposed lease with iCopyright,Inc.,to expire August 31,2004. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL CONCUR IN THE REPORT AS READ.* Responding to Councilmember Keolker-Wheeler,Facilities Director Dennis Culp said the rate per square foot will be$14.75,which is on the higher end of the current market range. He added that it will be a full-service lease. *MOTION CARRIED. • ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution#3415 A resolution was read setting a hearing date on November 22, 1999,to vacate Vacation: Alley @ Lind& the alley located between Lind Avenue SW, Seneca Avenue SW, SW 12th and Seneca and SW 12th& 13th, SW 13th Streets(Bryant,Clements,Hess,Frankeschina and Gaidjiergis,VAC- Bryant/Clements Const 99-001). MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3416 A resolution was read authorizing the Mayor and City Clerk to enter into an Municipal Court: State interlocal cooperative agreement with the Office of the Administrator for the Reimbursement for Computer Courts regarding a limited reimbursement for expenses incurred in purchasing &Printer for Muni Ct Judge a personal computer and printer for use by the City of Renton Municipal Court Judge. MOVED BY PARKER, SECONDED BY SCHLITZER,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3417 A resolution was read adopting the 1998 Long-Range Wastewater Management Public Works: 1998 Long- Plan(Sanitary Sewer Comprehensive Plan). MOVED BY CLAWSON, Range Wastewater SECONDED BY SCHLITZER,COUNCIL ADOPT THE RESOLUTION AS Management Plan READ. CARRIED. A C, Resolution#3418 A resolution was read expressing the City Council's opposition to the City of Council: Bellevue's Proposed Bellevue's proposed partial assumption of the Coal Creek Utility District. Partial Assumption of Coal MOVED BY CLAWSON, SECONDED BY SCHLITZER, COUNCIL ADOPT Creek Utility District THE RESOLUTION AS READ. CARRIED. Resolution#3419 A resolution was read authorizing the Mayor and City Clerk to enter into an Finance: Issaquah School interlocal cooperative agreement with the Issaquah School District for handling District Impact Fees of school mitigation fees. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and advanced for second and final reading: Finance:Issaquah School An ordinance was read adding a new section entitled"School Impact District Impact Fees Mitigation Fees"to Title IV(Development Regulations)of City Code authorizing the collection of school impact fees for Issaquah School District No.411;providing findings and definitions;providing for impact fee program elements and fee calculations;providing for fee assessments;providing for November 1, 1999 Renton City Council Minutes Page 385 programs adopted as part of its business plan for 1999 and beyond. Items noted included: * The City intends to have the Main Ave. S. construction complete by the end of this month,weather permitting. Exceptions will be the final grinding,pavement overlay and lane marking which will be done next year as the outdoor temperature allows. * New playground equipment and surfacing have been installed at both Teasdale and Maplewood Parks. * Over 1000 children and parents attended the Renton Recreation Division's "Boo Carnival"at the Renton Community Center last Saturday in celebration of Halloween. 7DIENCE COMMENT Blair Burroughs,4750 Wells Fargo Center,999 Third Ave., Seattle, zen Comment: Burroughs representing the Coal Creek Utility District,expressed appreciation for oal Creek Utility District, Renton's opposition to the City of Bellevue's proposed partial assumption of Proposed Partial Assumption ' the utility district. (See page 389 for Council action on this matter.) by Bellevue 1., � Citizen Comment: Steiner— Fred Steiner, 111 S. 3rd St.,Renton, 98055,the owner of Diamond Lil's and Gambling Tax Freddie's Club, said that since these two establishments began operating as enhanced card rooms under State law,the gambling taxes he pays to the City of Renton grew from$100,000 to$1.5 million per year. Explaining that running an enhanced card room requires more upfront costs for labor,rent and promotions,he opposed the Administration's proposal to raise the tax on card room revenues from 10%to 20%,claiming such an increase would amount to half of his net proceeds. Adding that a 20%tax could easily put him out of business in an economic downturn,Mr. Steiner said after reviewing his receipts for the last three years,he came to the conclusion that if he had been taxed at 20%during that entire period,he would not be in business today. Responding to Council President Parker,Mr. Steiner said although he would not agree to any increase in his tax, a 12%rather than a 20%tax would be, at least,palatable and he probably could absorb it. Mr. Steiner added that a reduction in the pulltab tax from 5%of gross to 10% of net revenues would help soften any increase in the card room tax. Councilmember Keolker-Wheeler questioned if Mr. Steiner and other card room owners agreed to the 20%tax rate when the State was in the process of approving enhanced card rooms. Mr. Steiner explained that the 20%rate has been in place since 1973. He said no card room owner would accede to being taxed at that rate because no establishment could survive it in any kind of economic downturn. Citizen Comment: Gevers— Bob Gevers,900 Kirkland Ave.NE,Renton,98056,reported that his son,who Prohibition Against was visiting him from Tacoma last weekend,received a ticket for parking his Advertising Parked Vehicles vehicle in front of Mr.Gevers' house with a"For Sale"sign in the window. For Sale Expressing surprise that such a law exists,Mr. Gevers said his son has decided to pay the fine because it would be completely inconvenient for him to contest the ticket,which would require that he take time off work to travel to Renton's Muncipal Court and explain the circumstances under which it was issued. Mr. Gevers asked if his son had any alternative other than paying the ticket or appearing in Municipal Court. Adding that this law was adopted by Renton from the Washington Administrative Code(WAC 308.330.436),he suggested that Renton not simply adopt it"as is"but revise it to provide for exceptions in October 25, 1999 Renton City Council Minutes Page 376 The Community Services Committee also recommended that the Mayor and City Clerk be authorized to execute an agreement with AT&T extending the franchise deadline for completion of the public access studio under Section 5 of Ordinance No.4412 to January 1,2001, subject to additional terms and conditions to guarantee that AT&T's performance meets the City's expectations. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Executive: Renton Reporter Community Services Committee Chair Nelson presented a report regarding a Contract to Publish CitySource contract amendment with the Renton Reporter to print CitySource. On a three- month trial basis,the City Council approved a contract amendment in June to produce CitySource as one full page every other week as an advertisement in the Renton Reporter. CitySource runs in the first and third editions of the Renton Reporter each month. CitySource was formerly two full pages printed in the first edition of the Renton Reporter each month. The format change did not affect the cost of the contract. This new,bi-monthly format for CitySource allows the City to communicate with residents and business more often and provide current information on events and activities. The Community Services Committee recommended that the Mayor and City Clerk be authorized to sign a contract amendment with the Renton Reporter. MOVED BY NELSON, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Edwards presented a report recommending approval Finance: Vouchers of Claim Vouchers 175557- 175997 and two wire transfers in the total amount of$2,051,068.70; and approval of Payroll Vouchers 22084-22551 and 520 direct deposits in the total amount of$942,652.58. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE • REPORT. CARRIED. Utilities Committee Utilities Committee Chair Clawson presented a report recommending Public Works: 1998 Long- concurrence in the Administration's recommendation that Council approve the Range Wastewater 1998 Long-Range Wastewater Management Plan, and authorize the Mayor and Management Plan City Clerk to execute the resolution by which Renton will formally adopt the plan. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY CLAWSON, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utility: Proposed Partial ' Utilities Committee Chair Clawson presented a report regarding the proposed Assumption of Coal Creek partial assumption of the Coal Creek Utility District by the City of Bellevue. Utility District by Bellevue While the City of Renton recognizes and supports the Growth Management Act provisions and county-wide policies indicating that cities are the preferred bN6.- utility service providers,individual circumstances must always be considered in determining the optimal service provider. Bellevue's proposed partial assumption of the Coal Creek Utility District's water and sewer service area within the Bellevue city limits will create a situation in which the water and sewer rates for Coal Creek customers within the cities of Renton and Newcastle could increase substantially. The Utilities Committee has compared Bellevue's position and technical data submitted for support with the District's position and supporting data,and determined that the proposed partial assumption will provide no benefit to Renton or Newcastle customers in return for their rate increase. Customer survey results indicate that Coal Creek Utility District has provided excellent service to its customers in Bellevue,Newcastle and Renton. The October 25, 1999 Renton City Council Minutes Page 377 survey also indicated that customers strongly prefer that Coal Creek Utility District(not the City of Bellevue)continue to provide for utility service. The district is financially sound and has the infrastructure in place or in its long- range plans to handle future build-out of its service area. For this reason,the Utility Committee recommended that the City Council and the Administration send a letter and a resolution to Bellevue stating Renton's opposition to • Bellevue's proposed partial assumption of the Coal Creek Utility District. MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Responding to Councilman Edwards,Councilman Schlitzer explained that the proposed change in jurisdiction for a.portion of the utility district would have a completely negative effect on all affected customers. Adding that both Renton and Newcastle are highly satisfied with the utility district's performance and level of service,he said transferring one-third of the district's service area to . Bellevue would be disruptive and costly and would raise rates for numerous customers for no reason other than conformance to a political boundary. *MOTION CARRIED. ORDINANCES AND The following ordinances were presented for second and final reading: RESOLUTIONS Ordinance#4796 An ordinance was read adopting the 1999 Amendments to the City's 1995 Comprehensive Plan: 1999 Comprehensive Plan,Maps and Data in conjunction therewith. MOVED BY Amendments KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Rezone: Taco Time Councilmember Keolker-Wheeler noted that the ordinance rezoning the Maple Headquarters on Maple Valley Valley Taco Time headquarters on Maple Valley Highway from Residential- Hwy from R-8 to CC(R-98- Eight Dwelling Units Per Acre(R-8)to Convenience Commercial(CC) is 042) being held due to complications arising from the recent death of the property owner. Ordinance#4797 An ordinance was read changing the zoning classification of approximately Rezone: Conrad Parcel on SE 0.86 acre located north of SE 6th Street from Residential -Eight Dwelling 6th St from R-8 to R-10(R-98- Units Per Acre(R-8)to Residential- 10 Dwelling Units Per Acre(R-10) for the 042) Maple Valley Taco Time Conrad parcel(R-98-042)..MOVED BY KEOLKER- WHEELER, SECONDED BY SCHLITZER,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4798 An ordinance was read changing,the zoning classification of approximately Rezone: Cedar River Market 0.14 acre located north of Maple Valley Highway from Residential-Eight on SE 6th St from R-8 to CC Dwelling Units Per Acre(R-8)to Convenience Commercial(CC) for the Cedar (R-98-042) River Market(R-98-042). MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN,COUNCIL ADOPT THE ORDINANCE AS READ.. ROLL CALL: ALL AYES. CARRIED. Ordinance#4799 An ordinance was read changing the zoning classification of approximately Rezone: Cedar River Barber 0.014 acre located north of SE 6th Street from Residential-Eight Dwelling Shop on SE 6th St from R-8 to Units Per Acre(R-8)to Convenience Commercial(CC)for the Cedar River CC(R-98-042) Barber Shop(R-98-042). MOVED BY CLAWSON, SECONDED BY. SCHLITZER,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#4800 An ordinance was read changing the zoning classification of approximately Rezone: Southport Project 17.1 acres located between.Gene Coulon Park on the east,Boeing • (Shuffleton Site), from IH to Manufacturing Operations on the west, and Lake Washington on the north from COR(R-99-027) Heavy Industrial(11-1)to Center Office Residential(COR) for the Southport APPROVED BY CITY COUNCIL Date /°_? 9'9 UTILITIES COMMITTEE COMMITTEE REPORT October 25, 1999 1998 LONG-RANGE WASTEWATER MANAGEMENT PLAN (Referred December 14, 1998) • • The Utilities Committee recommends concurrence in Administration's recommendation that Council approve the 1998 Long-Range Wastewater Management Plan and authorize the Mayor and City Clerk to execute the resolution by which Renton will formally adopt the plan. The Committee further recommends that the resolution regarding this matter by presented for reading and adoption. Dan Clawson, air Timothy J. Sc it • ,Vice hair 4teAt • Kathy K-olker-Wheeler,Member cc: Lys Hornsby Dave Christensen Mike Benoit - • • Revision Date: 1/99 A . F^BFB oitti�Ook L 1. T. City 01 Office of the Mayor • Phone(425) 452-7810 • Fax(425)452-7919 Bellevue VII NV Post Office Box 90012 • Bellevue, Washington • 98009 9012 August 3, 1998 Mayor Adams and City Council CITY OF RENTON City of Newcastle 13020 SE 72nd Place AUG 1 0 1998 Newcastle, WA 98059-3030 RECEIVED CITY CLERK'S OFFICE Subject: Study of Utility Services Dear Mayor Adams and Coancilmembers: Thank you for providing Councilmember Ron Smith with an opportunity to address the Newcastle City Council last month on the subject of the utility service study. We are disappointed that Newcastle has elected not to join Bellevue and Renton in studying the provision of utility service by the Coal Creek Utility District in our cities. On behalf of the City Council, I am writing to let you know that Bellevue will be proceeding with the study, and will continue to keep you informed of our progress. One reason we want to proceed with the study is to be prepared in the event the Coal.Creek Utility District elects'to merge with Water District 90 after the state moratorium on such mergers is lifted next year. Although our study will not examine this merger proposal, it will provide the opportunity to compare such a proposal with other operating alternatives. A second reason we believe it is important to proceed with the study now is to be able to respond to state legislative activity we anticipate in the 1999 legislative session. The Washington Association of Sewer and Water Districts has announced its interest in amending state law to place additional restrictions on city assumptions of water and sewer districts. Together with the Association of Washington Cities, Bellevue has traditionally opposed placing additional restrictions on city authority in this area. We expect that the study information will provide us information that will be relevant to this legislative discussion. The foremost reason for proceeding is to determine what is in the best interests of our citizens, and to understand how all customers of the District will be affected by various options. In 1993, when the series of annexations extended the Bellevue city limits far into the Coal Creek Utility District service area, over.60% of the District assessed valuation was in the city. Although we could have pursued a complete assumption of the District at that time,the City Council chose not to do so: One key reason for this is that we wanted to be'responsive to the possibility that Newcastle might be'interested in developing a solution to this in partnership with us, starting. With joint involvement in the study. 'With the passage of time,Bellevue no longer has over 60% • of the assessed value of the District within our boundaries. However,the question of what are the best service options for our citizens remains unanswered. At.17 tfr;--n C' of el evue offi s are located at Main Street and 116th Avenue S.E. B 1111 Mayor Adams and Council August 3, 1998 page 2 For all these reasons,we will be proceeding with the study. We have directed our staff to keep you apprised of the study as it moves forward, and will look forward to sharing the results of the study with you. Again, while we regret that we will not be working to develop the study in partnership with you,we thank you for your consideration of our interests. Sincerely, C Mike Creighton Mayor cc: Mayor and Council, City of Renton Coal Creek Utility District Stan Finkelstein, AWC ' ✓(/ aez • '‘D City of — �� �c Office of the Mayor • Phone(425) 452-7810 • Fax(425) 452-7919 � � Bellevue ��S !No2 Post Office Box 90012 • Bellevue, Washington • 98009 9012 CITY OF MENTON JUL 2 0 1998 July 13, 1998 ' AXE Mayor Adams and Lity uoUti 1OFFICE City of Newcastle 13020 SE 72nd Place Newcastle, WA 98059-3030 Subject: Interlocal Agreement to Study Utility Service Dear Mayor Adams and Councilmembers: On behalf of our City Council, I am writing to thank you for taking up the issue of the Interlocal Agreement to Study Utility Service at your July 20 Council meeting, and to encourage you to join the Cities of Bellevue and Renton in approving this agreement. The proposed interlocal agreement will allow a study to be completed under joint oversight of the interested parties. The agreement does not prescribe any outcome--discussion and decision on future actions must await the factual information this study is intended to provide. We appreciate the importance of this issue to the citizens of Newcastle and Bellevue residing in the Coal Creek Utility District, and to the District as well. I believe that it is important to move ahead to gather the information needed to answer the questions that have been raised. Conducting the study--under a cooperative,joint oversight structure-- is the necessary first step to accomplishing this. , Again, thank you for considering action on the Interlocal Agreement. If you have any questions about Bellevue's interests in this agreement,please call me; I can be reached during the day at 425- 990-2426. Sincerely, Mike Creighton, Mayor RECEIVED cc: Bellevue City Council JUL 1 6199 Mayor and Council, City of Renton Andy�Takata, City Manager MAYOH6 OFFICE bc1 (�' City of Bellevue offices are located at Main Street and 116th Avenue S.E. CITY OF RENTON, WASHINGTON RESOLUTION NO. 3311 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF RENTON, BELLEVUE AND NEWCASTLE TO STUDY PROVISION OF WATER AND SEWER SERVICE IN AREAS CURRENTLY SERVED BY COAL CREEK UTILITY DISTRICT. WHEREAS, a small portion of the city of Renton is served by the Coal Creek Utility District; and WHEREAS, the majority of the district is included within the existing cities of Bellevue and Newcastle; and WHEREAS, the city of Bellevue desires to take over the water and sewer service for areas inside its city limits; and WHEREAS, it would be advisable to study the entire issue of provision of water and sewer service in the areas currently served by Coal Creek Utility District; and WHEREAS, no city of Renton funding would be necessary for the study, but the city would provide staff assistance to the Steering Committee for the study; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS : SECTION I. The above recitals are found to be true and correct in all respects . SECTION II. The Mayor and City ' Clerk are hereby authorized to enter into an Interlocal Cooperative Agreement between the cities of Renton, Bellevue and Newcastle concerning a study for provision 1 CESOLUTION3 11 N0. 3 111 of water and sewer service in the areas currently served by Coal Creek Utility District . The Mayor and City Clerk are also authorized to enter into a similar interlocal agreement with the Coal Creek Utility District should it opt to become part of this study. PASSED BY THE CITY COUNCIL this 2nd day of March 1998 . Marily J. metersen, City Clerk APPROVED BY THE MAYOR this 2nd day of March , 1998 Je e Tanner, Mayor App ved as to Lawrence J. Warren, City Attorney RES . 638 : 2/23/98 :as . 2