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HomeMy WebLinkAboutCouncil 09/15/2003AGENDA RENTON CITY COUNCIL *REVISED* REGULAR MEETING September 15, 2003 Monday, 7:30 p.m. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. PROCLAMATION: Day of Concern for the Hungry — September 27, 2003 4. SPECIAL PRESENTATIONS: a. Return to Renton Car Show Wrap -Up and Recognition b. Distinguished Budget Presentation Award 5. APPEAL: Planning & Development Committee Report re: Clover Creek II/Labrador Ventures INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING State law requires that the City establish a process to handle appeals from application of environmental and developmental rules and regulations. The Renton City Council, feeling it was best for the elected representatives to handle the appeals rather than require citizens to go to court, has retained appellate jurisdiction to itself. The courts have held that the City Council, while sitting as an appellate body, is acting as a quasi-judicial body and must obey rules of procedure of a court more than that of a political body. By City Code, and by State law, the City Council may not consider new evidence in this appeal. The parties to the appeal have had an opportunity to address their arguments to the Planning & Development Committee of the City Council at a meeting previously held. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns to the Planning & Development Committee, the City Council may not consider oral or written testimony at the City Council meeting. The Council understands that this is frustrating to citizens and is outside the normal process of open discourse provided to citizenry during the audience comment portion of the City Council meeting. However, this burden of not allowing the Council to be addressed concerning pending appeals is outweighed by the quick, easy, inexpensive and local appeal process provided by the Renton City Council. 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. (CONTINUED ON REVERSE SIDE) 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of September 8, 2003. Council concur. b. Mayor Tanner appoints Steve Maxwell, 2827 Mountain View Ave. N., Renton, 98056, to the Board of Adjustment, Position #7, to fill the unexpired term of Eric Cameron, who resigned in 2002 (term to expire 9/06/2004). Refer to Community Services Committee. c. Mayor Tanner reappoints James Jacques, 2509 Aberdeen Ave. NE, Renton, 98055, and Jay Wallace, 1207 N. 33rd St., Renton, 98056, each to the Board of Adjustment for a four-year term expiring 9/06/2007. Council concur. d. City Clerk reports bid opening on 9/04/2003 for CAG-03-138, Museum Roof Replacement; five bids; engineer's estimate $73,000; and submits staff recommendation to award the contract to the low bidder, Lloyd A. Lynch, Inc., in the amount of $72,352. Council concur. e. Community Services Department recommends approval of an additional services agreement (CAG-01-123) in the amount of $20,470 with LMN Architects to design a police sub -station in the City Center Parking garage. Council concur. f. Community Services Department submits CAG-02-194, Gene Coulon Memorial Beach Park Nisqually Earthquake Rehabilitation; and requests approval of the project, commencement of 60- day lien period, and release of retained amount of $8,247.75 to Precision Earthworks, Inc., contractor, if all required releases are obtained. Council concur. g. Police Department recommends approval of the Valley Narcotics Enforcement Team interlocal agreement with the cities of Auburn, Kent, Tukwila; King County Sheriffs Office; and the Washington State Patrol. Council concur. (See 1 La. for resolution.) h. Utility Systems Division submits CAG-01-024, Replacement of Water Well EW-3; and requests approval of the project, authorization for final pay estimate in the amount of $1,537.34, commencement of 60-day lien period, and release of retained amount of $41,824.74 to Prospect Construction, Inc., contractor, if all required releases are obtained. Approval is also sought to transfer $8,000 from the Reservoir Recoating project budget to the Replacement of Well EW-3 project budget in order to close out the project. Council concur. * i. Community Services Department recommends approval to use City Center Parking garage fund savings to increase the Pavilion Building project budget by $80,000 due to unforeseen site condition expenses. Refer to Committee of the Whole. 9. CORRESPONDENCE 10. OLD BUSINESS a. Hendrickson 10% Notice of Intent to Annex Petition (held over from 9/8/2003) b. Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the chairman if further review is necessary. 1) Community Services Committee: IKEA Performing Arts Center Use Agreement with Renton School District*; Maplewood Golf Course Concessionaire Agreement; Connie Sholdra Appointment to Library Board 2) Finance Committee: Vouchers; Refunding of Water/Sewer Debt* 11. ORDINANCES AND RESOLUTIONS Resolutions: a. Valley Narcotics Enforcement Team interlocal agreement (see 8.g.) b. IKEA Performing Arts Center use agreement (see 10.b.1) Ordinances for first reading: a. Highlands redevelopment area residential -oriented amendments (Council approved 9/8/2003) b. 2003 Water and Sewer Revenue Refunding Bonds issuance (see 10.b.2) (CONTINUED ON NEXT PAGE) �l 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT 14. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 5:00 p.m. Prohibit Use of Public Facilities for Election Campaigns; Boeing Environmental Impact Statement Comprehensive Plan & Zoning • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCIL COMMITTEE OF THE WHOLE September 15, 2003 Council Chambers Monday, 5:00 p.m. MINUTES Renton City Hall COUNCILMEMBERS KATHY KEOLKER-WHEELER, Council President; TERRI BRIERE; KING PRESENT PARKER; DON PERSSON; RANDY CORMAN; TONI NELSON; DAN CLAWSON. CITY STAFF IN JAY COVINGTON, Chief Administrative Officer; LARRY WARREN, City ATTENDANCE Attorney; BONNIE WALTON, City Clerk; DENNIS CULP, Community Services Administrator; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; and REBECCA LIND, Planner Manager. CALL TO ORDER Council President Keolker-Wheeler called the Renton City Council Committee of the Whole meeting to order for the purpose of discussing two issues: the use of public facilities for election campaigns, and the Boeing Environmental Impact Statement (EIS) Comprehensive Plan and Zoning. She stated that the election issue would be discussed first, then the Committee would take a short break and return to discuss the Boeing issue. Council: Prohibited Use of In response to Council President Keolker-Wheeler's request, City Attorney Public Facilities for Election Larry Warren explained that last April and about every four years previous to Campaigns that, he has written a letter to the Council that cites from State law, RCW 42.17.130, which forbids use of public office or facilities in election campaigns. Confirming that Council wished to discuss handling of added agenda items and correspondence, Mr. Warren explained procedure as follows: While Council as a group gives authority to the Chair to conduct the Council meetings, they still retain authority to make sure that the Chair is operating in an appropriate fashion. If, for example, an item should come on the Council agenda, either the formal agenda or during the Council meeting itself, that involved a public campaign issue, a member of the Council could ask for a point of order, and the Chair would rule on that point of order. If a Councilmember disagreed with the ruling by the Chair, that Councilmember may say, "I wish to make an appeal of the Chair's decision." If another Councilmember wishes to second that appeal, then it becomes a debatable question that has been presented to the body as a whole. The issue is then debated, as would any other that might come before Council, and then as a body vote yes or no. Council would either vote with the Chair's ruling or against it, but that ruling by the whole Council is in fact the final ruling on the point of order. Mr. Warren concluded by stating that this procedure would allow Council to control items, either from an item of correspondence or an item of debate, that might come before Council and are felt to be inappropriate or in violation of RCW 42.17.130. Council discussion ensued regarding audience comments, setting of policies, first amendment law and use of the City logo in campaigns. Council President Keolker-Wheeler concluded the discussion by asking for vigilance by all in being as upfront, honest and honorable on the Council floor as possible. September 15, 2003 Renton Committee of the Whole Minutes Page 319 RECESS Council President called for a recess. Time: 5:25 p.m. The meeting was reconvened at 5:50 p.m.; all Councilmembers present. Planning: Boeing Renton Site Council President Keolker-Wheeler explained that as part of the Boeing EIS EIS process, property owners and parties of interest in the general area have been invited to speak to Council. She asked Alex Pietsch, Economic Development, Neighborhoods and Strategic Planning Department Administrator, to begin. Mr. Pietsch displayed a map showing existing zoning designations for the Boeing property in north Renton, of which the majority is Heavy Industrial (IH) with some Commercial Office (CO) areas along Park Avenue N. He explained that the IH zone allows for a lot of uses, mostly industrial in character, and gave examples such as mining, schools, parks, big box retail, car sales, warehousing, manufacturing and more, not including general retail unless it is accessory to another building or use. Continuing, Mr. Pietsch explained that the recommendation the Administration has come forward with is to challenge a new Comprehensive Plan designation called the Urban Center North, being a match for the Urban Center Downtown, and having essentially two districts that would function as two different zones. Displaying a map, he indicated that District 1, likely to be redeveloped first, would be east of Logan Avenue N., and District 2 would be west of Logan Avenue N. District 1, Mr. Pietsch explained, would include the 1050, Lot 3, and 1080 complex, and the existing office complex and office buildings; District 2 would likely remain Boeing airplane manufacturing operations for the foreseeable future. He also pointed out that the Administration is proposing to allow big box retail on parking lot 3 and eventually on lot 6, with the two properties totaling approximately 43 acres, which is the size of the Woodinville Town Center development. Mr. Pietsch concluded by stating that uses for both districts would be fairly broad, but more urban in character than the existing IH zone allows. AUDIENCE COMMENT Matt Alexander, Vice President of Retail Services, Staubach Realty, 301 Citizen Comment: Alexander Howard Street, #920, San Francisco, CA 94105, stated that he represents the (Fry's Electronics) - Boeing Quality Real Estate Company who owns the 22 acres, and that Fry's Renton Site EIS Electronics is a tenant of theirs. He explained that they bought the property believing they could build or sell approximately 9 1/2 acres for another use, and they wanted to keep their options open. While the zoning designation of COR (Center Office Residential) is fine, Mr. Alexander stated that they should be given some credit for locating here without other retail around them. He further explained that they are now negotiating with other retailers regarding the 9 1/2 acres, and feel that if they do bring in another retailer across the street, the City is going to have to solve a traffic issue. Mr. Alexander concluded by stating that they are in support of more retail in the area, but would like to sell their property first. He also stated that they are overjoyed to be in Renton, and that the Fry's store has performed fantastically. In response to questions from Councilman Parker, Mr. Alexander stated that he did not feel that the idea of clustering big box retail would become an asset to his organization. He explained that only certain types of retailers would be beneficial, as Fry's is selling a higher end ticket and is a destination store. Citizen Comment: Christ Michael Christ, President of SECO Development, 10843 NE 8th St., #200, (SECO Development) - Bellevue, 98004, stated that in the 16 acres they have in the Southport Boeing Renton Site EIS Development, they have created phenomenal potential density, which seems to September 15, 2003 Renton Committee of the Whole Minutes Page 320 be critical for this region as it continues to mature. He pointed out many of the assets of Renton and the redevelopment area. Mr. Christ also cautioned that the potential redevelopment area should not all be parceled out to just big box, but should also support higher densities. In response to questions from Councilman Corman, Mr. Christ explained that the Southport Development is holding to its original plan for high end uses, even though the market has turned quite a bit from when they commenced. Due to their optimism, he stated that they have brought forth the second phase of the development, and that more use of their new dock will be seen in the future. Responding to Council President Keolker-Wheeler's question regarding moving the market, Mr. Christ remarked that his experience with the permit and building process in Renton was one of the best he has had with any city, and suggested the City continue with current process. Regarding Councilman Parker's inquiry as to how he would like to see the property redeveloped, Mr. Christ stated that mixed use is critical. He explained that while no portion of the market is strong, retail is working. Citizen Comment: Hempstead Susan Hempstead, Community Relations Manager, Puget Sound Energy (PSE), (Puget Sound Energy) - POB 97034, OBC-11E, Bellevue, 98004, explained that they sold 17 acres to Boeing Renton Site EIS SECO in 1999 and retained 10 acres currently being used as an electrical transmission system switching station and as a telecommunication system station serving as their primary fiber and cable hub. She stated that their substation operation center and active yard would make them the light industrial use in the area. Ms. Hempstead stated that as Boeing and the City look toward redevelopment in this area, PSE will continue to be open to communication as to how they can participate in that redevelopment. Continuing, Ms. Hempstead stated that they are happy to do their work as they are now doing, but are open to communicating about how the property might be development. In working through the EIS process, she explained that four main issues arise regarding the PSE property: 1) The property itself and the potential sale of the land parcel; 2) Relocation - how does PSE relocate and where; 3) Load forecast in terms of the new development that would come in, specifically commercial, since PSE would be providing addition infrastructure for electric and natural gas service; 4) Transition timing - PSE would be looking at zoning continuity for their utility operations. Concluding, she stated that PSE looks forward to continued partnerships and conversations with the City, the Boeing Company, and the adjacent property owners. In response to Councilman Parker's question, Ms. Hempstead stated that if a master plan came forward involving relocation, it would not be insurmountable, but might be expensive since relocation of a transmission system is a costly endeavor. She agreed with Mr. Parker that the transmission facility is an asset. She noted that currently this PSE site does not have a distribution system, since they serve transmission wholesale to Boeing, so with redevelopment they would need to construct a new distribution system. Mr. Pietsch stated that PSE's current uses would classify under the utility use, which would be allowed under the proposed Urban Center North zoning designation. September 15, 2003 Renton Committee of the Whole Minutes Page 321 Citizen Comment: Lewis Dan Lewis, Construction Manager, PACCAR, 777 106'b Ave. NE, Bellevue, (PACCAR) - Boeing Renton 98004, thanked Council for allowing them to pass the hurdle of the moratorium Site EIS on development earlier in the year, and reported that their research and development project has started construction. He explained that PACCAR owns about 96 acres in north Renton, down from 120 acres in 1907. The Kenworth Truck plant, he explained, is roughly half of the property content with the other part being the world headquarters for their information technology department, the world headquarters for the PACCAR parts department, and a distribution center for PACCAR parts. Continuing, Mr. Lewis detailed PACCAR's concerns regarding the proposed redevelopment as follows: 1) Traffic infrastructure would need to be built ahead of that development so they could still get in and out; and 2) As development shifts to more mixed use, PACCAR would become an island creating isolation. He stated that PACCAR is a good neighbor and hopes that their neighbors feel the same about PACCAR. Mr. Lewis indicated that PACCAR has no intention of changing the nature of its operation and wants to continue on that campus. Additionally, PACCAR has about 40 acres of property that is undeveloped, and would like to keep its options open for the remainder of that property as an accessory to its primary business, which is PACCAR parts. Citizen Comment: Corvi Carolyn Corvi, Vice President -General Manager, 737/757 Airplane Programs, (Boeing) - Boeing Renton Site Boeing Commercial Airplane Group, P.O. Box 3707, MC 74-26, Seattle, EIS 98124, stated that Boeing and the City have been working together for more than half a century, and gave examples of various accomplishments. She explained that a 45-year development agreement with the City solidifies Boeing's partnership and investment in the consolidation plan, known inside of Boeing as the "Move to the Lake." Ms. Corvi stressed that Boeing is seeking the highest and best use for its underutilized property, which will be an asset to the community and to the Boeing employees, while providing value to their shareholders. She concluded by stating that their objectives are compatible with the City's: flexibility, jobs, quality design and long-term planning. Citizen Comment: Temmink Collette Temmink, Vice President of Development, Boeing Realty Corporation, (Boeing Realty) - Boeing P.O. Box 3707, MC 1F-58, Seattle, 98124, stated that overall, Boeing shares Renton EIS the same view as the City as it relates to the 280 acres and surrounding area. Their vision, she explained, includes Logan Avenue N. becoming a landscaped boulevard connecting to 1-405, Park Avenue N. transitioning into a pedestrian - orientated street, and preservation of N. 8th and 10th Streets for future development if and when additional surplus becomes available. Ms. Temmink stressed that the development agreement is important for both the City and Boeing because it will lay the road map for accomplishment of the shared vision. She stated that they believe part of the proposed mixed use component should include retail, and that will provide additional uses for a successful launch to the urban center. Continuing, Ms. Temmink stated that Boeing's plans for the 280 acres are for long-term development, and to preserve their facility so long as it is deemed in the benefit of their company. She explained that their objective in working with the City is to complete the EIS and development agreement and to take a look at the site holistically, understand the issues the site has, and protect the full redevelopment of the site. Additionally, Ms. Temmink stated that Boeing will review the need to preserve any rights -of -way. September 15, 2003 Renton Committee of the Whole Minutes Page 322 Citizen Comment: Fuller Bill Fuller, Principal, Fuller Sears Architects, 1411 Fourth Avenue, Suite 1306, (Fuller Sears Architects) - Seattle, 98101, on behalf of Boeing, stated that the vision for the entire 280- Boeing Renton Site EIS acre parcel is to build out a mixed use development featuring residential, research and development labs, and office and retail uses, all phased to come online as the market allows. Mr. Fuller displayed a map, which outlined the potential 27-acre future disposition area, located just south of N. 8th Street and east of Logan Avenue N., which is the site of ongoing Boeing operations and is slated to have residential, research and development, and office and retail. He stressed that the proposed project has large format retail along with medium and small shops, which is distinct from the box form of retail. Mr. Fuller displayed examples of structures for the project, indicating that two examples of buildings in downtown Renton, Metropolitan Place and City Center Parking, offer good direction. For the residential buildings that would be a part of the project, he explained that the Bristol at Southport by SECO is very high end and very appropriate for something along the water at this part of town. Research and development are two uses that are highly desired in this project, and though the market does not yet support it, the Southport project has 750,000 square feet planned for these uses. Using the City of Issaquah's Pickering Place as an example, Mr. Fuller pointed out that while a project can have envisioned use at the outset, private initiatives tend to follow market inertia; and zoning for a number of uses could start with appropriate concentration and density. He stressed that one of the components of a master plan urban retail center that they wanted to counter is the notion that it is big box or nothing. He explained that the uses should balance in such a way that they support each other in size, and take advantage of the unique site dynamics. Continuing, Mr. Fuller described the conceptual plan for the Boeing Renton site. Park Avenue N. could potentially link the waterfront to the downtown area and be a pedestrian -oriented street with small street -front orientated shops and off-street parking. This would allow a focus and the infrastructure to have walking paths, seating areas, and covered canopies. Mr. Fuller explained that residential uses would be principally located in the site west of Logan Avenue N., as part of a water -orientated mixed -use development, and offices would be part of the Southport project. In regard to the potential 27-acre site for the research and development lab, office, and Science City, he indicated that the office and research and development lab could be accommodated almost immediately should that initiative gain speed. In conclusion, he displayed conceptual plans of District 1, which detailed proposed roads and infrastructure, large retail format, shops, buildings, and final build -out. COUNCIL DISCUSSION In response to questions from Council President Keolker-Wheeler, Boeing Planning: Boeing Renton Site Realty representative Ms. Temmink stated that they have the same visions and EIS goals as Renton, but differ on two critical fundamental issues as to how to create an urban mixed -use dense area. Those two issues are phasing of some of the geographic restrictions that they have on the site, and disagreement with the City on limiting large format retail users that cannot locate on the western side of Park Avenue N. As far as working together on infrastructure, Ms. Temmink stressed the importance of the development agreement as a road map. She stated that September 15, 2003 Renton Committee of the Whole Minutes Page 323 additional revenue from Fry's and the redevelopment of lots 3 and the 1050 site would help pay for the infrastructure; however, they do not expect any one party to carry alone the burden of this size of a development. Council discussion ensued concerning the impacts on the downtown area, parceling out of properties rather than as a comprehensive plan, the amount of residential area in the plan, the amount of trips being absorbed, and compatibility with Southport. ADJOURNMENT Council President Keolker-Wheeler closed the Committee of the Whole meeting. Time: 7:25 p.m. BONNIE Iv WAL.TON, City Cleric Recorder: Bonnie I. Walton September 15, 2003 U Y OF RENTON CITY OF RENTON SEP t 1 2003 RECEIVED MEMORANDUM GI YOLERK'SOFFICE DATE: September 11, 2003 TO: Kathy Keolker-Wheeler, Couil President Members of the Renton City ouncil FROM: Jesse Tanner, Ma SUBJECT: Political Speeches at thKCommittee of the Whole Discussion on the Topic of Prohibited Use of Public Facilities for Election Campaigns During the Council meeting Monday, September 8, 2003, there was some discussion about prohibited use of public facilities for election campaigns. That topic was then referred, by Council action, to the Committee of the .Whole. This memorandum is a caution to the Council not to use that Committee of the Whole meeting as a forum for making political speeches in favor of or in opposition to one or more candidates. I would deem such political statements to be a violation of RCW 42.17.130 in that it would be delivered at an official City Council Committee of the Whole meeting open to the voting public, and broadcast over the City's public television broadcasting system available to thousands of Renton voters. If such political statements are made, I will feel it necessary to file a complaint with the Public Disclosure Commission about such actions. While it is not my intention to limit the Council's debate on the prohibited use of public facilities for election campaigns, I likewise do not wish to see it degenerate into electioneering speeches. 03-066/JT:mp Page 1 of 1 Forbids use of public office or agency facilities in campaigns. No elective official nor any employee of his office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency: PROVIDED, That the foregoing provisions of this section shall not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or agency. http://search.mrsc.org/nxtlgateway.dll/rcw/rcw%20%2042%20%20title/rcw%20%2042%2... 9/ 17/2003 Committee of the Whole September 15, 2003 Speakers: Matt Alexander VP, Retail Services, Staubach Realty 301 Howard Street, #920 San Francisco, CA 94105 Michael Christ President, SECO Development 10843 NE 8th Street, #200 Bellevue, WA 98004-4426 Dan Lewis Construction Manager, PACCAR 777 106th Ave NE Bellevue, WA 98004 Susan Hempstead Community Relations Manager, Puget Sound Energy POB 97034 OBC-11 E Bellevue, WA 98004 Boeing: Carolyn Corvi VP Operations, 737/757 Program, Boeing Commercial Airplane Group Collette Temmink VP Development, Boeing Realty Corporation Bill Fuller Fuller/Sears Architects From: "Hyde, Shaunta R" <shaunta.r.hyde@boeing.com> To: "Bonnie Walton" <Bwalton@ci.renton.wa.us> Date: 9/18/0310:22AM Subject: RE: Addresses Sorry Bonnie I knew I had something else to follow through on. Bill Fuller, Principal Fuller Sears Architects 1411 Fourth Avenue, Ste. 1306 Seattle, Washington 98101 Colette Temmink, Vice President Boeing Realty Corporation P.O. Box 3707, MC 1 F-58 Seattle, WA 98124 Carolyn Corvi, Vice President - General Manager 737/757 Airplane Programs Boeing Commercial Airplanes P.O. Box 3707, MC 74-26 Seattle, WA 98124 -----Original Message ----- From: Bonnie Walton[mailto:Bwalton@ci.renton.wa.us] Sent: Thursday, September 18, 2003 9:27 AM To: Hyde, Shaunta R Subject: Addresses Can you supply addresses for Carolyn Covi, Collette Temmink and Bill Fuller, for the Committee of While minutes I am preparing? I'd appreciate it. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 This message has been scanned by the City of Renton's filtering gateway. lames ;,Chen i Ak'hittect$' four collorfu[co'.ndolt.owers, Costco E ' M Costco and Vancoc oper Concord Pacifi, request a re=zone,..- ta four tower project;*' . By SAMSENNE' Journal.:Staff,.Report Costqo's,alllianee� , with :level Pacific architect. tprt; according to,arthi is:",a marriage li el ileaw Costco plans w150,006z.squ that -Will: belhe.-base ;.of -a-f6iii minium. development inan. . i trict of -downtown Vancoui POO million project should bE early next:' A-' year. , ..igpnel has not .been The -project is _'unique: . nique: bei ,,J Ys: cd- store nV.Vancouver, ,ca lls_ TIn r X.b 16ok. to thestore,as well as ' or* ur - Into dfrnton i/anouer th T A % 4 Urban Center - Existing Zoning ®Uti�Y Economic Development, Neighborhoods and Strategic Planning City Limits Alex Pietsch, Administrator Urban Center G. Del Rosario 22 September 2003 Boundary Tw 'M W 0 Mf: 21 -Pr - M -IM UP 4- isl t 1 ,'Jsi Se,y:;:; AMAT, ,.- Urban Center - North Districts o®® Big Box r✓ ,r, Economic Development, Neighborhoods and Strategic Planning • Alex Pietsch. Administrator City Limits G. Del Rosario Urban Center 22 September 2003 Boundary ® K I 4, r � rr 4�41f� Yll# i to 1. 1x � 4-2-07OR INDUSTRIAL HEAVY (IH) Modified to show uses allowed in the N. Renton Industrial Area: USES: TYPE: Natural resource extraction/recovery H I•� ,r rv, Kennels .n.: P #37 Kennels, hobby AC #37 Pets, common household, up to 3 per dwelling unit or business establishment AC aretaker's residence AC -12 educational institution(public orprivate) H -12 educational institution (public or private), existing P #s Trade or vocational school H Parks, neighborhood P Parks, regional/community, existing P Parks, regional/community, new AD Community Facilities Cemetery H Religious institutions H Service and social organizations H Public Facilities :,ity government offices AD :;ity government facilities H Other government offices and facilities H Offices, general, admin. headquarters only,re P #13 RETAIL Adult retail use P #43 Bi -box retail P Drive-in/drive-through, retail AC Eating and drinking establishments P Horticultural nurseries H Retail sales, accessory only P #34 Retail sales, outdoor, building/hardware/garden/- tombstone only in EAV P #30 Vehicle sales, large P Vehicle sales, small P ntertainment Adult entertainment business P #43 Cultural facilities AD Recreation Recreation facilities, indoor P #38 Recreation facilities, outdoor P #32 . s..., t Services, General Drive-in/drive-through service AC #62 Vehicle rental, small P Day Care Services Adult day care I, administrative CUP outside EAV P #55 Adult day care II H Day care centers, part of office only, not stand alone P #54 Familv dav care AC Healthcare Services Medical institutions H #56 EVE it Bod shops, within structure P #31 Car washes P Fuel dealers P Industrial engine or transmission rebuild, within structure P #31 Parking garage, structured, commercial or public P Railroad yards P Tow truck operation/auto impoundment yard P Truck terminals P Vehicle fueling stations P ehicle service and repair, large P TYPES: Blank = Not Allowed P=Permitted Use AC=Accessory Use H=Hearing Examiner Conditional Use #=Conditions(s) P#=Permitted provided condition can be met AD=Administrative Conditional Use Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-050C, Aquifer Protection Regulations; RMC 4-3- 040C, Uses Permitted in the Automall Improvement Districts: RMC 4-3-090, shoreline Master Program Requirements. h:\ednsp\title iv\tables\ih-4_2_070r 9-15-03.doc Vehicle service and repair, small P Wrecking yard, auto H..:,..,..... Air Transportation Uses Airplane sales and repair P Hazardous material, storage, on -site or offsite, including treatment H #24 Indoor storage P Outdoor storage, accessory only outside EAV P #57 Self-service storage P Warehousing P tf ndustrial, General ssembl and/or packaging operations P onstruction/contractor's office P Laboratories: research, development and testing P Manufacturing and fabrication, heavy P #67 Manufacturing and fabrication, light P Manufacturing and fabrication, medium P #67 Solid Waste/Recycling Recycling collection station P Sewage disposal and treatment plants H Waste recycling and transfer facilities P Ko... Electrical power generation and cogeneration H #66 Utilities, small P Utilities, medium AD Utilities, large H j1dil, ` t3 iil ,`IC}kTfQ QlftjIE Lattice towers support structures AD #47 Macro facility antennas P #44 Micro facility antennas P Mini facility antennas P #44 Minor modifications to existing wireless communication facilities P #49 Monopole I support structures P #44 Monopole II support structures AD #47 tG;.INIw.R"qC�S57-_0.,.��� _:,:� "x:E��: Accessory uses per RMC 4-2-050 and as -defined in chapter 4-11 RMC, where not otherwise listed in the Use Table .AQ. Sales/marketing trailers, on -site P #10 Temporary or manufactured buildings used for construction P #10 Temporary uses P #53 (Ord. 4786, 7-12-199; Ord. 4803, 10-25-199; Ord. 4827, 1-24-2000; Amd. Ord. 4963, 5-13-2002; Ord. 4982, 9-23-2002; Ord. 4999, 1-13- 2003) NOTES: 13. a. Administrative Headquarters Office: These offices shall be associated with a permitted industrial use listed in RMC 4-2-0601. The office uses may be developed in conjunction with, or subsequent to, the industrial use. b. General Offices: Excluding administrative headquarters offices, which are permitted consistent with subsection (13)(a) of this Section, general offices are only allowed in the Employment Area Valley (EAV) land use designation; provided that general offices that are accessory to a primary use are permitted outside the EAV. See EAV Map in RMC 4-2-080B. 24. Use requires a Hearing Examiner conditional use permit, unless accessory in which case it is outright permitted. Use is not permissible in the area south of 1405 and north of SW 16th Street, unless accessory, in which case it is outright permitted. Explosives and natural gas storage are not permissible in the IL Zone. 30. a. Uses are limited to: Sales of mobile or manufactured homes, building/hardware/garden materials, lumberyards, and monuments/tombstones/gravestones. b. .Location Restrictions: i. Building/hardware/garden sales and monuments/tombstones/gravestones sales are only allowed in the Employment Area Valley (EAV) land use designation. However, they are TYPES: Blank = Not Allowed P=Permitted Use AC=Accessory Use H=Hearing Examiner Conditional Use #=Conditions(s) P#=Permitted provided condition can be met AD=Administrative Conditional Use Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-050C, Aquifer Protection Regulations; RMC 4-3- 040C, Uses Permitted in the Automall Improvement Districts: RMC 4-3-090, shoreline Master Program Requirements. Mednsp\title iv\tables\ih-4_2_070r 9-15-03.doc excluded from the area south of 1-405 undevelopable due to critical areas regulations (RMC and north of SW 16th Street. See EAV 4-3-050), then the new wireless support structure can Map in RMC 4-2-08013. be reviewed as an administrative conditional'use. ii. Lumberyards are only allowed in the IM 49. Whether emergency or routine, so long as there is and IH Zones. However, they are little or no change in the visual appearance, as excluded from the area south of 1-405 determined by the Zoning Administrator. and north of SW 16th Street. 53. Provided a temporary use permit is obtained 31. Operations must be conducted entirely within an consistent with the provisions of RMC 4-9-240, enclosed structure. Temporary Use Permits. 37. a. General Requirements: Subject to requirements of RMC 4-4-010, Standards and Review Criteria for Keeping Animals. Hobby Kennels require a Hobby Kennel License per RMC 4-9-100. b. IL Zone — Kennels: In the IL Zone, when operations are predominantly conducted out of doors rather than completely enclosed Within an enclosed structure, an administrative conditional use permit is required. C. tM Zone — Kennels and Hobby Kennels: Within the area south of 1-405 and north of SW 16th Street only indoor kennels or indoor hobby kennels are permitted. 43. Subject to the provisions of RMC 4-3-010, Adult Retail and Entertainment Regulations, and chapter 5-12 RMC, Adult Entertainment Standards. In the CO zone, uses shall be developed as part of larger office structures, shall not stand alone, and shall not occupy more than twenty five percent (25%) per building whose primary use is office. 44. Permitted provided that the facility has a minimum setback of one hundred feet (100') from any adjacent residentially zoned parcel, otherwise an administrative conditional use permit is required. 47. May be allowed by an administrative conditional use permit if the monopole II facility is to be constructed on property where wireless communication support structures presently operate, and the new monopole II facility will not exceed the height of the existing support structures. Prohibited if located within three hundred feet (300') of an RC, R-1, R-5, R-8, R-10, or R-14 Zone unless the Development Services Division determines that all residentially zoned property within three hundred feet (3000) of the proposed facility -is 54. Allowed outright in the Employment Area Valley (EAV) land use designation. (See EAV Map in RMC 4-2-080B.) Outside the EAV, the use shall be developed as part of larger office structures. Such uses shall not stand alone and shall not occupy more than twenty five percent (25%) per building whose primary use is office. 55. a. Adult day care I on a property with a nonresidential facility is only allowed outright in the Employment Area Valley (EAV). See EAV Map in RMC 4-2-08013. Outside of the EAV, an administrative conditional use permit is required. b. Adult day care I on a property containing a residential use requires an administrative conditional use permit in any location. 57. Only allowed in the Employment Area Valley (EAV) land use designation, unless the use is accessory in which case it is allowed outside the EAV. See EAV Map in RMC 4-2-08013. 62. Outside the Employment Area Valley (EAV) land use designation (see EAV Map in RMC 4-2-08013), drive - through is permitted only when accessory to a financial institution. Financial institutions are permitted three (3) accessory drive -up windows that shall be part of the exterior wall of the financial institution structure. Within the EAV, drive -through service is permitted. 66. Requires a Hearing Examiner conditional use permit, except that electrical power generation and co- generation is permitted as an accessory use when located more than one hundred feet (100') from any property zoned for residential use, i.e. RC, R-1, R-51 R-8, R-10, R-14, RM, and producing less than ten (10) megawatts of electricity. In the CO Zone, the use must be accessory to a medical institution. TYPES: Blank = Not Allowed P=Permitted Use AC=Accessory Use H=Hearing Examiner Conditional Use #=Conditions(s) P#=Permitted provided condition can be met AD=Administrative Conditional Use Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-050C, Aquifer Protection Regulations; RMC 4-3- 040C, Uses Permitted in the Automall Improvement Districts: RMC 4-3-090, shoreline Master Program Requirements. h:\ednsp\title iv\tables\ih-4_2_070r 9-15-03.doc 67. Chemical and allied products manufacturing operations, or operations which are conducted predominantly out of doors, require a Hearing Examiner conditional use permit in the I Zone, and an administrative conditional use permit in the IH Zone, except that these uses are not permissible in the area south of 1-405 and north of SW 16th Street. TYPES: Blank = Not Allowed P=Permitted Use AC=Accessory Use H=Hearing Examiner Conditional Use #=Conditions(s) P#=Permitted provided condition can be met AD=Administrative Conditional Use Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-050C, Aquifer Protection Regulations; RMC 4-3- 040C, Uses Permitted in the Automall Improvement Districts: RMC 4-3-090, shoreline Master Program Requirements. h:\ednsp\titie iv\tables\ih-4_2_070r 9-15-03.doc Urban Center — North Zoning Conditions District One (East of Logan) Use Pets, Common AC Up to three per dwelling unit or business establishment Household Attached P Townhouses: allowed south of N. 8 S. with parking under structure, dwelling maximum height of three stories. Minimum 10 du/net acre and maximum 25 du/net acre. Caretakers' AC residence Home AC Retirement P. residences Subject to additional design guidelines. Site planning requires design for future in -fill development including re -use of building and/or structured parking.. Parks P Higher P Site planning requires design for future in -fill development including re -use education of building and/or structured parking. institution K-12 schools H (public or Site planning requires design for future in -fill development including re -use private) of buildinq and/or structured parkinq. Religious H Subject to design and site plan review more extensive than normal institutions standard in the zone. Site planning requires design for future in -fill development including re -use of buildings and/or structured parking. Service and H _ p social - = organizations Site planning requires design for future in -fill development including re -use of buildings and/or structured parking. City AD Site planning requires design for future in -fill development including re -use government of building and/or structured parking. offices City H Site planning requires design for future in -fill development including re -use government of building and/or structured parking. facilities Subject to design and site plan review more extensive than normal H:\EDNSP\Title IV\Boeing 2003 Code Amndts\Conditions-Dist One 9-04-03.DOC District One Zoning Conditions of buildings and/or structured parking. Taverns P �, ► fA Cultural AD Subject to design and site plan review more extensive than normal facilities standard in the zone. Site planning requires design for future in -fill development including re -use of buildings and/or structured parking. Movie theaters P ' Allowed subject to conditional use criteria regarding airport compatibility. Sports arenas, H auditoriums, Site planning requires design for future in -fill development including re -use exhibition halls, of buildings and/or structured parking. indoor Sports arenas, H Allowed subject to conditional use criteria regarding airport compatibility. outdoor Site planning requires design for future in -fill development including re -use of buildings and/or structured parkin . Recreation P a facilities, indoor II Site planning requires design for future in -fill development including re -use of buildings and/or structured parking. Hotel P Site planning requires design for future in -fill development including re -use of buildings and/or structured parking. On -site P No freestanding structures, unless architecturally and functionally services inte rated into shopping center or mixed -use development. Site planning requires design for future in -fill development including re -use of buildings and/or structured parking. Adult day care I P No freestanding structures, unless architecturally and functionally & ll, Day care integrated into shopping center or mixed -use development. services Site planning requires design for future in -fill development including re -use of buildings and/or structured parking. Family day AC care Convalescent AD Only allowed south of N 8 St. Centers Site planning requires design for future in -fill development including re -use of buildings and/or structured parking. Subject to design and site plan review more extensive than normal standard in the zone Medical H Site planning requires design for future in -fill development including re -use District One Zoning Conditions Institutions of buildings and/or structured parking. Parking P Subject to design and site plan review more extensive than normal garage, standard in the zone. structured, commercial or Transit Centers P Site planning requires design for future in -fill development including re -use of buildings and/or structured parking. Subject to design and site plan review more extensive than normal standard in the zone. Assembly P Limited to airplane manufacturing, biotechnology, life science, information and/or technology (i.e., hardware, software, computer components), or other high packaging technology industry. Laboratories, P light .manufacturing Laboratories: P research, development, and testina Manufacturing, I P I Limited to manufacture of airplanes; sale of airplanes manufactured and/or airplane assembled on -site; and research, development and testing of airplanes and related components. Manufacturing, AC Includes, as secondary functions when directly dependent upon the airplane, primary activity of airplane production and sales: office; storage; accessory warehouse and distribution; aircraft painting and other associated aircraft functions painting/sealing activities; trucking terminal, including loading and unloading; auto repair and fuel dispensing; hazardous materials storage and distribution; aircraft engine testing, when associated with aircraft pre- flight testing; metal processing; food service; retail sales of products related to airplane production; on -site medical and emergency services, such as clinic, fire suppression, and security; barging; reclamation; and parking, when designated for emplovees and visitors. Utilities, small P Utilities, AD medium Utilities, large H Macro facility H antennas Micro facility AD antennas Mini facility P antennas District One Zoning Conditions Minor P modifications to existing wireless communication facilities Accessory uses AC per RMC 4-2- 050 and as defined in chapter 4-11 RMC, where not otherwise listed in the use table. Sales/ P Permitted when associated with an active building or construction permit marketing for a period not to exceed the duration of construction, as determined by trailers, on -site issuance of Certificate of Occupancy. Temporary P Permitted when associated with an active building or construction permit manufactured for a period not to exceed the duration of construction, as determined by buildings used issuance of Certificate of Occupancy. for construction Temporary P Uses k Urban Center — North Zoning Conditions District Two (West of Logan) Pets, common AC Up to three per dwelling unit or business household establishment. Attached housing P - e Townhouses: Allowed south of N. 8th St. only. Minimum density of 10 du/acre, maximum of 25 du/acre. Site planning requires design for future in -fill development including re -use of building and/or structured narkina_ Parks P K-12 education H institution (public or private) Site planning requires design for future in -fill development including re -use of building and/or structured parking. Higher education I H institution HAMNSMitle ry \Boeing 2003 Code Amndts\Conditions-Dist Two 9-04-03.DOC District Two Zoning Conditions Site planning requires design for future in -fill development including re -use of building and/or structured parking. Religious H Institutions Site planning requires design for future in -fill development including re -use of building and/or structured parking. Subject to design and site plan review more extensive than normal standard in the zone. Service and H Social Site planning requires design for future in -fill Organizations development including re -use of building and/or structured parking. City government AD l offices Site planning requires design for future in -fill development including re -use of building and/or structured parkinq. City government H facilities Site planning requires design for future in -fill development including re -use of building and/or structured parking. Subject to design and site plan review more extensive than normal standard in the zone. Site planning requires design for future in -fill development including re -use of building and/or structured parking. Subject to design and site plan review more extensive than normal standard in the zone. District Two Zoning Conditions Offices, medical I P and dental Site planning requires design for future in -fill development including re -use of building and/or structured parking. Offices, general I P Site planning requires design for future in -fill development including re -use of building and/or structured parkina. Eating and P drinking establishments Site planning requires design for future in -fill development including re -use of building and/or structured parking. Retail sales P Multiple -story, stand-alone retail greater than 75,000 sf allowed with structured parking and maximum footprint of 65,000 sf. Otherwise, must be architecturally and functionally integrated into overall shopping center or mixed -use development. Site planning requires design for future in -fill development including re -use of building and/or structured parkina. Taverns I P Cultural facilities I AD Site planning requires design for future in -fill development including re -use of building and/or structured parkina. Movie theaters I P District Two Zoning Conditions Site planning requires design for future in -fill development including re -use of building and/or structured parking. Sports arenas, H y auditoriums, +. r exhibition halls Allowed elsewhere subject to conditional use criteria re ardin air ort compatibility. Subject to design and site plan review more extensive than normal standard in the zone. Sports Arenas, H { a outdoor ;. ....� Allowed elsewhere subject to conditional use criteria regarding airport compatibility. = n. Subject to design and site plan review more extensive than normal standard in the zone. Recreation P E facilities, indoor 6 _ Site planning requires design for future in -fill development including re -use of building and/or structured parking. Hotel P _ _W-MANININ� � � Q � . ay" _ �_ On -site services I P District Two Zoning Conditions Adult day care I & P MR tit. II, Day care� fi services ME Family day care AC Convalescent AD centers Allowed south of N. 8 St. only. Site planning requires design for future in -fill development including re -use of building and/or structured parking. Subject to design and site plan review more extensive than normal standard in the zone. Medical H Institutions - PU Fw £ - Site planning requires design for future in -fill development including re -use of building and/or structured parking. Parking garage, P _ structured, commercial or Subject to design and.site plan review more extensive public than normal standard in the zone. Transit Center P Subject to design and site plan review more extensive than normal standard in the zone. Airplane P Limited to manufacture of airplanes; sale of airplanes manufacturing manufactured and/or assembled on -site; and research, development and testing of airplanes and related components. Airplane AC Includes, as secondary functions when directly manufacturing, dependent upon the primary activity of airplane accessory production and sales: office; storage; warehouse and functions distribution; aircraft painting and other associated aircraft painting/sealing activities; trucking terminal, including loading and unloading; auto repair and fuel dispensing; hazardous materials storage and distribution; aircraft engine testing, when associated with aircraft pre-flight testing; metal processing; food service; retail sales of products related to airplane 4 District Two Zoning Conditions production; on -site medical and emergency services, such as clinic, fire suppression, and security; barging; reclamation; and parking, when designated for emolovees and visitors. Assembly and/or P Limited to airplane manufacturing, biotechnology, life packaging science, information technology (i.e., hardware, operations software, computer components), or other high Laboratories, P research, development and testing Laboratories, light I P manufacturing Utilities, small P Utilities, medium AD Utilities, large H Macro facility H antennas Micro facility AD antennas Mini facility P antennas Minor P modifications to existing wireless communication facilities Accessory Uses AC Sales/ marketing P Permitted when associated with an active building or trailers, on -site construction permit fora period not to exceed the District Two Zoning Conditions duration of construction, as determined by issuance of Certificate of Occupancy. Temporary Uses P Requires temporary use permit. Only associated with Sales, marketing, an active building permit. temporary building used for construction, temporary uses Temporary Uses P S1031lH3HV SHV3S H3nnA NOIIVHOdHOO AilV3d ON1308 £O-ST-6 N011b'1N3S38d 11ONf100.1LID NO1N38 RENTON CITY COUNCIL PRESENTATION 9-15-03 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS RENTON C►TY COUNCIL PRESENTATION 9-15-03 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS RENTON CITY COUNCIL PRESENTATION 9-15-03 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS RENTON CITY COUNCIL PRESENTATION 9-15-03 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS RENTON CITY COUNCIL PRESENTATION 9-15-03 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS RENTON CITY COUNCIL PRESENTATION 9-15-03 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS RENTON CITY COUNCIL PRESENTATION 9-15-03 BOEING REALTY WHVURAI lUN F-ULLtK,tAKJ AKl;Hl l tl;lJ C r r m m m D N D M 0 2 m 0 N RENTON CITY COUNCIL PRESENTATION 9-15-03 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS S1031lH38V SHV3S 8311n:l NOliVdOd8O3 ,kiIV38 ON1308 £0-5T-6 N011d1N3S38d 71ONn00 A110 NO1N38 ......... . ........... Site Plan Commercia11R&D - A i, €3 Restif9ntial V� Pajki. s ..,3 n7i a _. *—; ....... .�_.._.. .... - ._...... �..�........... ..�e;� 4 iI?S',...�_:...� RENTON CITY COUNCIL PRESENTATION 9-15-03 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS RENTON CITY COUNCIL PRESENTATION 9-15-03 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS S13311H3dV S»d3S d311nzi N011VdOd8O3 AlIV3d ON1308 £0-5T-6 NOIld1N3S38d 11ON(l00 A.LIO NOIN38 RENTON CITY COUNCIL PRESENTATION 9-15-W bUtINU KtAL i Y toumrumm i iviv rULLCR JGMfIJ it 1 la �a iN�NH SN�S Nannna Kjm ldModaoO uId3a ONi3Oa SO-ST-6 NOIIVIN3S38cf 710N1100 A.LIO NOIN38 RENTON CITY COUNCIL PRESENTAT►UN y-15-v3 tjUtINU KtHLI T liVKrUKHiIvIV rULLGR JGFiISJ F11SVfll I GV IJ _ . _ ...... _ nn_rrT_G Airm w wx=34a -n-,Itinn.-) A Ll7 N01N38 ci,)a i iu,)NH c)4H,4c Na-inna KIM ixy)4naNnn A i-idaN hNi,409 P0-97-6 N011VIN3998d 11ONnoo A.LIO NOIN38 RENTON CITY COUNCIL PRESENTATION 9-15-03 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS Large Format Retail 60,000 SF & mote 44 .1N ZEN gi W RENTON CITY COUNCIL PRESENTATION 91503 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS :et �.p .;n ,. � x ,. . . ..... x:,.. •.v.+.;' > _.. z`,.Yt: ,.::'.K� , ¢ « '.� ,c^ (h}':.Y.,p$'. .: .;: a Vie:. .":x�£'. ..e'�.3.:. RENTON CITY COUNCIL PRESENTATION 9-15-03 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS S10311HMV SHV3S 2iMinl NOIIVHOda00 Alld3H JN1308 CO-ST-6 NOIIdIN3Sgdd 11ON1]OO A.UD NOIN38 avow v as 000'02 I104ea pulJOI e6JOI Ml v is 000'0i sBuping sdoys mm 11�a,,. , `3 40-4s 440L N 04 aan4nA a S10311HOdV S2ib'3S d311nzi NOIIVNOdb00 UIV3d JN1308 £0-5T-6 N011VIN3S38d 11ONnoo kLlO NOIN38 �. s yg a-+3 . , �z ;•`�£'^xzxt�7.�.av„�`u'�x:�:. .. _ � a" . , �. : L r,�:2:�, slow v is 000'09 11019E 40uwjoj e6JDI is 000'09 ' 0 L IloleUj wojwnlpeW sswl V AS 000'o L S6ulpling sdoys 1994S 4101 NJ" 9anlnj S10311HOHV SHV3S H311n-q NOIIVHOddOO AlIV38 9N13013 EO-ST-6 N011b'1N3S3dd 71ONI100 AILJO NO1N38 S10311HDHV Sad3S H311n=l NOIIVHOdHOO AlIV311 ON1308 SO-SI-6 NOUVIN308d 11ON✓70O ALTO NOIN38 RENTON CITY COUNCIL PRESENTATION 9-15-03 BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS S10311HDHV SHV3S d31ml NOliVHOddOO AlIV32i JNI308 £0-5T-6 NOI1d1N3S-gdd 71ONn00.1110 NO1N38 RECEIVED SEP 11 2003 CITY OF RENTON RENTONC 1 YOMIL ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND STRATEGIC PLANNING MEMORANDUM DATE: September 10, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City/Council VIA: Mayor Jesse Tanner FROM: Alex Pietsch SUBJECT: West Hill Annexation Map As requested, attached please find a copy of the map of the West Hill Annexation area and surrounding city boundaries. This map is from the 1999 West Hill Governance Options Report. cc: Jay Covington Gregg Zimmerman Rebecca Lind H:\EDNSP\Council\City Council\West Hill Annexation Map memo.doc 9/10/2003 107 T I Lake Washington =—Z- E west Hiff Comprehensive Plan Land Use M Community Business M Commercial Outside of Centers Urban Residential > 12dulac Urban Residential 4-12 du/ac 7 Industrial Iqng County Owned Open Space/Recreation M 'Al 500 0 500 1000 Fee SKing County DsPw'JnuF* A Dewtopment and E"ronmor[IM ServicesrMESGoogmphic Infamwalan System 'ThIs reap is intended for planning purposes only and is not 9LarsMW as show accurate measurements. CITY OF RENTON RECEIVED MEMORANDUM DATE: September 11, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council FROM: Jesse Tanner, Mayor,--r S E P 11 2003 RENTON MYCOUNCI SUBJECT: Proposed Changes to the City's Comprehensive Plan and Zoning in the North Renton/South Lake Washington Area (Boeing EIS Area) For the past several years, you and I have discussed the future potential of the property generally bounded by the Boeing Plant, Puget Sound Energy, PACCAR, Fry's, and Southport properties. We have studied the potential for this property, particularly in light of the eventuality that the Boeing Company will no longer manufacture airplanes in this area. While we have continually assured Boeing that we will support aircraft production for as long as they choose to build them here, we have also seen great possibilities for redevelopment —not only of the Boeing property — but also of the entire area. As you know, there is no more important function for a City Council to undertake than to establish the comprehensive land use and zoning for its city. In Renton, this function is even more revered because this city went all the way to the United States Supreme Court to defend its right and responsibility for land use and zoning, and that right was upheld. It is with this understanding that I want you to know that I empathize with the import and weight of this responsibility, and I applaud your due diligence and deliberation. I have already presented my vision for the area to you. As you know, I have high hopes and see great possibilities that —if taken advantage of— it will strengthen Renton's position of preeminence in this region well into this century. We can position ourselves through proper land use and zoning to take advantage of new and expanding industries, businesses, and other employment opportunities that will help to maintain the quality of life in this community that truly makes us "world class." Obviously, the stakes are high. If we fail and do not set a stage that will bring about this vision, we will subject the City to a fate akin to some of the other suburban cities of our region — mediocrity. Renton will become a bedroom community where our residents have to drive to Seattle and Bellevue each day for high -wage jobs and unique shopping, cultural, and recreational activities. It is critical that we provide land use and zoning that will accommodate appropriate levels of retail, recreation, and cultural activities that will help encourage those world class businesses and industries to locate here. It is also important for us to provide enough flexibility in our land use and zoning to accommodate near -term development that will build toward accomplishing the vision laid out in our Comprehensive Plan. However, we must be careful that our zoning and land use determinations do not preclude or pre-empt our ultimate goals for the area. September 11, 2003 Page 2 As you know, I will soon retire from public office here in Renton. I am not a property owner in the North Renton area. I have no ulterior motive than to do what I honestly believe is the best for this City now and for future generations of Renton residents. I have tried to present to you land uses and zoning criteria that will achieve the vision we have all discussed, and preclude uses that would detract or divert us from achieving this area's full potential. I know you all are currently hard at work determining what you believe to be the highest and best possible vision and use for the property area. It is sometimes difficult to stay focused on long- term priorities when issues of the day nip at our heels and demand our attention. I encourage you to maintain a long-term perspective as you deliberate, and not compromise the world class development this area has achieved to date, and its potential for the future. We may not get it right the first time. Future reviews may necessitate changes. But if we do not reach now for our highest and best potential, we may forever squander a tremendous opportunity and sell the City short of its potential. In a few short weeks I will leave public office. Next year I may sit in my recreation room and ponder succeeding decisions, but those thoughts will stay in my recreation room. I do not intend to be an "armchair councilmember!" Quite frankly, I am looking forward to that day. I sincerely wish you the very best success in your deliberations. 03-068/JT:mp cc: Jay Covington RENTON CITY COUNCIL Regular Meeting September 15, 2003 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF KATHY KEOLKER-WHEELER, Council President; TERRI BRIERE; KING COUNCILMEMBERS PARKER; DON PERSSON; RANDY CORMAN; TONI NELSON; DAN CLAWSON. CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; JENNIFER HENNING, Principal Planner; DENNIS CULP, Community Services Administrator; LESLIE BETLACH, Parks Director; SYLVIA ALLEN, Recreation Director; KELLY BEYMER, Golf Course Manager; ALEX PIETSCH, Economic Development Administrator; REBECCA LIND, Planner Manager; SHAWNA MULHALL, Development Manager; DEREK TODD, Assistant to the CAO; CHIEF GARRY ANDERSON and ACTING COMMANDER TIMOTHY TROXEL, Police Department. PROCLAMATION A proclamation by Mayor Tanner was read declaring the day of September 27, Day of Concern for the 2003, to be "Day of Concern for the Hungry" in the City of Renton, urging all Hungry — September 27, 2003 citizens to join with the Emergency Feeding Program to feed those who are hungry. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. Christine Giffey-Brohaugh with the Renton Salvation Army accepted the proclamation and thanked the City for its commitment to the needy. She stated that on September 27, food collection stations will be located at local grocery stores throughout the community, and noted that the Emergency Feeding Program and the Renton Salvation Army Food Bank welcome monetary donations as well as food donations. SPECIAL PRESENTATION Police Chief Anderson introduced Ben and Nancy Remak and their daughter Community Event: Return to Elsa, organizers of the annual Return to Renton Car Show. He stated that the Renton Car Show, Remaks have committed 13 years to the event, and since the first event in 1991, Contribution of Proceeds to total proceeds in the amount of $70,138.35 have been donated to the Police. Police Department Department's youth education programs. In appreciation for their efforts and service to the community, Chief Anderson and Acting Commander Timothy Troxel presented the Remaks with a framed picture entitled "Main Street U.S.A." Emphasizing that they have enjoyed organizing the car show for the past 13 years, Ms. Remak announced that they will not coordinate the event next year. Fortunately the car show will continue, with local merchants taking over the responsibility of coordinating and organizing the event. Mr. Remak thanked the City for its support of the car show, and he presented a check in the amount of $7,270.82 to Chief Anderson, which represents a portion of this year's total contribution of $8,885.82. September 15, 2003 Renton City Council Minutes Page 326 APPEAL At the request of Planning and Development Committee Chair Briere, Principal Planning & Development Planner Jennifer Henning reviewed the Clover Creek II project, explaining that Committee the applicant seeks a rezone of the site located at Park Ave. N. and N. 27th Pl. Appeal: Clover Creek II from R-1 (Residential Single Family; one dwelling unit per acre) to R-5 Rezone, Labrador Ventures, (Residential Single Family; five dwelling units per acre), as well as a PP-01-034 subdivision of the 4.3 acre site into 15 single-family lots. Pointing out that the appeal only addresses the rezone, Ms. Henning reported that the Hearing Examiner recommended denial of the rezone, and subsequently the matter was appealed to Council. Councilwoman Briere stated that the surrounding area is zoned R-8 (Residential Single Family, eight dwelling units per acre) and the Committee felt that R-5 zoning was appropriate for the site, and it met the Growth Management Act's (GMA) guidelines for infill. Planning and Development Committee Chair Briere presented a report regarding the Clover Creek II Rezone and Preliminary Plat (PP-01-034). The Committee had previously met to consider the appeal of the recommendation of the Hearing Examiner dated 4/24/2003. The subject property is located at Park Ave. N. and N. 27th Pl., Renton, Washington. The applicant, Brad Hughes (Labrador Ventures, LLC), sought a rezone of the subject site from R-1 to R-5, and approval of a preliminary plat. On remand from the Superior Court, the Hearing Examiner recommended that the City Council deny the application to rezone the site to R-5 and declined to review the preliminary plat based on that recommendation. The applicant appealed that recommendation, citing 13 believed errors. FINDINGS OF FACT 1) The Committee adopted the findings of facts as stated by the Hearing Examiner in the recommendation dated 4/24/2003. 2) The Committee found that the requested rezone is in the public interest. Specifically, the rezone meets the public interest requirement by fulfilling the City's own stated goals and the GMA goal of encouraging infill development 3) The Committee found that the rezone will further the preservation and enjoyment of the Petitioner's property rights. Specifically, the rezone will allow the Petitioner to develop the site at a level more compatible with development in the surrounding area and still maintain the proposed lots at a considerable size. 4) The Committee found that the rezone and subsequent development, while causing an increase in attendant noise, traffic, and other typical impacts of development, will not be detrimental to the public welfare. 5) The Committee found that the rezone meets the decision criterion found in RMC (Renton Municipal Code) 4-9-180F. Specifically, and most compellingly, the Committee found that the infrastructure, public improvements, and other significant changes around the subject site have undergone significant and material changes that support increased development. September 15, 2003 Renton City Council Minutes Page 327 CONCLUSIONS OF LAW 1) The subject site meets the required criterion for a change of zone classification. 2) The approval of a rezone request is discretionary regardless of whether the request meets the review criterion. 3) Approval of the rezone would be in the best interest of the City of Renton. RECOMMENDATIONS The Committee recommended that the City Council depart from the Hearing Examiner's recommendation to deny the rezone and approve a rezone of the subject site to R-5. The Committee further recommended that the City Council remand the review of the preliminary plat back to the Hearing Examiner for his consideration. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Council President Keolker-Wheeler expressed her concerns regarding the Committee report and the subject site, noting that the rezone was denied on two separate occasions. She pointed out that the adjacent Griffen Home property is zoned R-1, thus R-1 zoning for the subject site would not be inconsistent with that property. Ms. Keolker-Wheeler stated her intent to vote against the recommendation of the Committee. Councilman Parker stated that R-5 zoning is compatible with zoning in the surrounding area, and he pointed out that development standards must be followed when the site is developed. Councilman Clawson expressed his disappointment with the developer's work on the adjacent property with respect to the sensitive areas. However, he indicated his support for the Committee report, agreeing that R-5 zoning is compatible with the surrounding area. *MOTION CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2003 and beyond. Items noted included: • The 2003 Renton Community Calendar received a second place Silver Circle Savvy Award from the City/County Communications and Marketing Association. • A 17-member delegation from Renton's Sister City, Cuautla, Jalisco, Mexico, will visit Renton on September 22 through September 26. Public Works: Power Outages Planning/Building/Public Works Administrator Gregg Zimmerman reported. on the status of the Grady 15 circuit that provides power to portions of the downtown area along S. 2nd and S. 3rd Streets and Wells and Williams Avenues S., and has experienced approximately 15 power outages since last October. He stated that Puget Sound Energy (PSE) has committed to replacing the aging electrical conductors for the Grady 15 circuit, which entails replacing some conduit that their recently completed infrared testing indicated may be faulty, and replacing 8,000 feet of underground conductor wiring over the next six weeks. Mr. Zimmerman noted that a substantial amount of conduit and September 15, 2003 Renton City Council Minutes Page 328 1,000 feet of buried cable was replaced by PSE last Sunday night, and he was informed that the rest of the work will only require one more limited planned power outage. Additionally, Mr. Zimmerman reported that the Grady 16 circuit, which provides power to the Renton Hill area, has experienced two power interruptions over the past few months. The first outage was the result of a cable feeder failure, and the second, a local cable failure. He pointed out that PSE intends to present a plan to the City for the replacement of aging circuit infrastructure in the downtown area. AUDIENCE COMMENT Inez Petersen, 3306 Lake Washington Blvd. N., Apt. 3, Renton, 98056, Citizen Comment: Petersen — expressed her concern regarding the treatment and apparent eviction of Carlos Aguilar Eviction from 311 Aguilar from the Awareness of Life Church property located at 311 Smithers Smithers Ave S Property Ave. S. She urged the City to take every possible action to ensure Mr. Aguilar is treated fairly. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Council President Keolker-Wheeler, item 8.i. was removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of September 8, 2003. Council concur. September 8, 2003 Appointment: Board of Mayor Tanner appointed Steve Maxwell, 2827 Mountain View Ave. N., Adjustment Renton, 98056, to the Board of Adjustment, Position #7, to fill the unexpired term of Eric Cameron, who resigned in 2002 (term to expire 9/06/2004). Refer to Community Services Committee. Appointment: Board of Mayor Tanner reappointed James Jacques, 2509 Aberdeen Ave. NE, Renton, Adjustment 98055, and Jay Wallace, 1207 N. 33rd St., Renton, 98056, each to the Board of Adjustment for a four-year term expiring 9/06/2007. Council concur. CAG: 03-138, Museum Roof City Clerk reported bid opening on 9/04/2003 for CAG-03-138, Museum Roof Replacement, Lloyd A Lynch Replacement; five bids; engineer's estimate $73,000; and submitted staff recommendation to award the contract to the low bidder, Lloyd A. Lynch, Inc., in the amount of $72,352. Council concur. Community Services: City Community Services Department recommended approval of an additional Center Parking Police Sub- services agreement (CAG-01-123) in the amount of $20,470 with LMN Station, LMN Architects, Architects to design a police sub -station in the City Center Parking garage. CAG-01-123 Council concur. CAG: 02-194, Gene Coulon Community Services Department submitted CAG-02-194, Gene Coulon Park Nisqually Earthquake Memorial Beach Park Nisqually Earthquake Rehabilitation; and requested Rehab, Precision Earthworks approval of the project, commencement of 60-day lien period, and release of retained amount of $8,247.75 to Precision Earthworks, Inc., contractor, if all required releases are obtained. Council concur. Police: Valley Narcotics Police Department recommended approval of the Valley Narcotics Enforcement Enforcement Team Interlocal Team interlocal agreement with the cities of Auburn, Kent, and Tukwila; King Agreement County Sheriffs Office; and the Washington State Patrol. Council concur. (See page 331 for resolution.) CAG: 01-024, Water Well Utility Systems Division submitted CAG-01-024, Replacement of Water Well EW-3 Replacement, Prospect EW-3; and requested approval of the project, authorization for final pay Construction Inc estimate in the amount of $1,537.34, commencement of 60-day lien period, and release of retained amount of $41,824.74 to Prospect Construction, Inc., September 15, 2003 Renton City Council Minutes Page 329 contractor, if all required releases are obtained. Approval is also sought to transfer $8,000 from the Reservoir Recoating project budget to the Replacement of Water Well EW-3 project budget in order to close out the project. Council concur. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 8.i. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Community Services Department recommended approval to use City Center Item 81 Parking garage fund savings to increase the Pavilion Building renovation Community Services: Pavilion project budget by $80,000 due to unforeseen site condition expenses. Building Renovation, Budget At the request of Council President Keolker-Wheeler, Community Services Increase, CAG-03-005 Administrator Dennis Culp explained that the additional $80,000 is necessary to cover unforeseen site condition expenses found during construction ($50,000) and to restore a small contingency fund ($30,000). A decision is needed this evening on whether to increase the project budget or to reduce the project scope to stay within budget by replacing the glass at the east and west ends of the building with siding (the glass procurement must be cancelled by September 17 in order to receive the credit). Mr. Culp stated that funds are available from the City Center Parking garage project savings to cover the increase in budget, and he estimated that the garage project realized a savings of $1.3 to $1.7 million. Councilman Parker indicated that he was a proponent of the Pavilion Building remodel but was disappointed to learn of the need for a budget increase. However, he acknowledged that glass siding would enhance the architecture of the building and agreed with the staff recommendation to increase the budget. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL APPROVE THE PAVILION BUILDING PROJECT BUDGET INCREASE AS PRESENTED. CARRIED. OLD BUSINESS Council President Keolker-Wheeler explained that the matter concerning the Annexation: Hendrickson, NE 10% Notice of Intent to Annex Petition for the proposed Hendrickson Sunset Blvd & SE 112th PI Annexation, continued from the Council meeting of 9/08/2003, requires a Council decision tonight as to whether the 10% petition should be accepted, rejected, or modified. She added that questions arose concerning the mobile home park located on the eastern portion of the site, and the displacement of the mobile home residents if the park closes. Councilwoman Nelson recommended that Council accept the 10% petition and authorize circulation of the 50% petition to annex. She stated her belief that the owner of the property will develop the mobile home park site regardless of whether the site is annexed to the City or not. Councilman Clawson expressed concern regarding the mobile home residents and questioned whether they have been informed of the proposed annexation. Economic Development, Neighborhoods and Strategic Planning Department Administrator Alex Pietsch explained that if the mobile home park residents are registered voters, they can choose to sign or not sign the petition supporting the annexation. In order for the petition to be successful, it must be signed by 50% of the registered voters and 50% of the owners of the taxable property. September 15, 2003 Renton City Council Minutes Page 330 At the request of Mr. Pietsch, City Attorney Larry Warren relayed discussions with and actions taken by the developer and the City with regards to the issuance of sewer to the site. Stating that acceptance of the 10% petition is just the first step in this process, Councilman Parker indicated his support for its acceptance. Additionally, he stated his belief that the owner will provide assistance for the displaced mobile home residents if the park is closed. Council President Keolker-Wheeler expressed her concern that the mobile home park residents may not have knowledge of or understand the annexation process, and she wants to make sure they are informed of the potential repercussions of the annexation. Discussion followed regarding public notification procedures and who was notified of the proposed annexation. Councilman Persson pointed out that the mobile home park could be closed by the property owner at any time regardless of whether the site is annexed to the City. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL: ACCEPT THE 10% NOTICE OF INTENT TO ANNEX, AMEND THE PROPOSED ANNEXATION AREA TO INCLUDE THE ABUTTING SR-900 — SE ISSAQUAH RD. RIGHT-OF-WAY, AUTHORIZE THE CIRCULATION OF THE 50% PETITION TO ANNEX, REQUIRE CITY ZONING OF THE AMENDED ANNEXATION AREA THAT IS CONSISTENT WITH RENTON'S COMPREHENSIVE PLAN, AND REQUIRE THAT PROPERTY OWNERS ASSUME A PROPORTIONAL SHARE OF THE CITY'S BONDED INDEBTEDNESS.* Discussion ensued regarding the type of information the City could provide residents regarding the annexation process, the language required on the 50% petition, the determination by County officials of sufficiency of the signatures and the annexation process beyond the circulation of the 50% petition to annex. *MOTION CARRIED. Finance Committee Finance Committee Chair Parker presented a report regarding the ordinance to Finance: Bond Issuance, Water refund approximately $8.1 million in water sewer revenue bonds for an & Sewer Revenue Refunding anticipated savings over the next ten years of at least $500,000. The Committee recommended adoption of the ordinance authorizing the sale of $8.1 million in water sewer revenue bonds for the purpose of refunding over $8.6 million in outstanding debt. The bonds will be sold on 9/18/2003, and the final numbers will be presented to the Finance Committee on 9/22/2003. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 331 for ordinance.) Community Services Community Services Committee Chair Nelson presented a report Committee recommending concurrence in the staff recommendation to execute a formal Community Services: six -year lease and concession agreement with All My Restaurants, Inc., doing Maplewood Golf Course business as RiverRock Grill and Alehouse, located at the Maplewood Golf Restaurant Facilities Lease, Course. The City has the option, at the end of the agreement period, to renew All My Restaurants for three more years. The Committee further recommended that the Mayor and September 15, 2003 Renton City Council Minutes Page 331 City Clerk be authorized to execute the lease agreement. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Appointment: Library Board Community Services Committee Chair Nelson presented a report recommending concurrence in the Mayor's appointment of Connie Sholdra to the Library Board for an unexpired five-year term, which expires 6/01/2007. This appointment replaces Catherine Corman who resigned effective 7/30/2003. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services: IKEA Community Services Committee Chair Nelson presented a report concurring Performing Arts Center Use, with City staff and the Renton School District Board to approve the IKEA Renton School District Performing Arts Center use contract. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3658 A resolution was read authorizing the Mayor and Cites to enter into an Police: Valley Narcotics interlocal agreement between Auburn, Kent, Renton, Tukwila, King County Enforcement Team Interlocal Sheriffs Office, and the Washington State Patrol, for the Valley Narcotics Agreement Enforcement Team. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3659 A resolution was read authorizing the Mayor and City Clerk to enter into an Community Services: IKEA agreement between the Renton School District and the City of Renton Performing Arts Center Use, concerning City use of the IKEA Performing Arts Center. MOVED BY Renton School District NELSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 9/22/2003 for second and final reading: Planning: Highlands An ordinance was read amending Chapters 4-2, 4-3, and 4-4 of Title IV Redevelopment Area, (Development Regulations) of City Code to allow urban style multi -family Harrington Square housing in the Suburban Center Overlay District within the Highlands redevelopment area. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/22/2003. CARRIED. Finance: Bond Issuance, Water An ordinance was read relating to the waterworks utility of the City, including & Sewer Revenue Refunding the sewerage system as a part thereof; providing for the issuance of an aggregate principal amount of Water and Sewer Revenue Refunding Bonds, 2003, of the City for the purpose of obtaining the funds with which to refund, on a current basis, and defease all of the City's outstanding Water and Sewer Refunding and Improvement Revenue Bonds, 1993, and to advance refund and defease all of the City's outstanding Water and Sewer Revenue Bonds,.1994; fixing the date, form, denominations, maturities, interest rates, terms and covenants of the bonds; providing for bond insurance; and approving the sale and providing for the delivery of the bonds to D.A. Davidson & Co., Seattle, Washington. MOVED BY CORMAN, SECONDED BY PARKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/22/2003. CARRIED. September 15, 2003 Renton City Council Minutes Page 332 NEW BUSINESS Council President Keolker-Wheeler encouraged those Renton residents who King County: Public Health received letters and educational materials from the Seattle -King County Public Department Outreach re Lead Health Department to take advantage of the free visit from a public health Abatement department staff member to determine if they have lead problems in their homes. Citizen Comment: Zevart - Council President Keolker-Wheeler reported receipt of letter from Mick Zevart, Veterans Memorial Name Field Representative for A Veterans Group, 17617 SE May Valley Rd., Renton, Engraving List 98059, requesting a listing of names already engraved or scheduled to be engraved on the Veterans Memorial. Ms. Keolker-Wheeler requested that a list be sent to him. ADJOURNMENT MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:55 p.m. BONNIE I. WALTON, City Clerk Recorder: Michele Neumann September 15, 2003 CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING September 15, 2003 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 9/22 (Keolker-Wheeler) 5:30 p.m. COMMUNITY SERVICES (Nelson) FINANCE (Parker) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY (Clawson) Boeing Environmental Impact Statement Land Use & Zoning MON., 9/22 Fire Station #12 (901 Harrington Ave. 3:30 p.m. NE) Property Surplus; Refunding of Water/Sewer Debt; Vouchers THURS., 9/18 2:00 p.m. *Council Chambers* MON., 9/22 4:30 p.m. TRANSPORTATION (AVIATION) THURS., 9/18 (Persson) 4:00 p.m. Urban Crafts Mixed Use Project Appeal Fireworks Berger/Abaco Contract for King County Portion of Duvall Ave. NE Widening Project; Lake Washington Blvd. Slip Plane Project Fund Reallocation; NE 3rd/4th Street Corridor Study Contract UTILITIES THURS., 9/18 Cedar River Trail Integrated Pest (Corman) 3:00 p.m. Management; Maplewood Water Treatment Project (briefing only) NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. CITE' OF RIENTON Mayor Jesse Tanner Whereat; the City of Renton recognizes adequate nutrition as a basic right for each citizen; and W h e rea4; no child should have to come to school hungry and no baby should be without the comfort of the feedings needed for mental and physical health; and W here,c , food banks and emergency and hot meal programs, working with the City of Renton, churches, social service agencies, and hundreds of volunteers, are striving day in and day out to stem the tide of hunger, but still need more help; and W h.ewea4; the Emergency Feeding Program has, for many years, sought to provide balanced, nutritious meals to hungry people as the need for food continues to grow; and Wh.e e,a4, I believe that when the citizens of Renton who are not now involved, hear of the especially desperate needs of the hungry as winter approaches, and Emergency Feeding Program efforts to meet those needs, an outpouring of assistance will follow; Naw, Thev'eforel, I, Jesse Tanner, Mayor of the City of Renton, do hereby proclaim September 27, 2003, as t7ay of Concerw for the/ R u.wY in the City of Renton, and strongly urge all citizens to join with the Emergency Feeding Program to feed those who are hungry. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 15"' day of September, 2003. Jesse Tanner, Mayor of the City of Renton, Washington 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6500 / FAX (425) 430-6523 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE 2003 "Return to Renton " Benefit Cruise In, Nostalgic Procession, & Circular Tour P. O Box 3023, Kirkland, WA 98083 * (425) 827-8463 * e-mail: ReturnToRenton@msn.com FINANCIAL REPORT (as of September 15th, 2003) SUMMARY OF RECEIPTS: (116 @ $10.00; 108 @ $12.00; 151 @ $17.00) (2 @ $1000 + 4 @ $250) 375 Car Registrations $ 5023.00 Event Sponsors . $ 3000.00 Raffle/Auction Proceeds $ 1577.00 Vendor Donations $ 1000.00 Trophy Sponsors $ 700.00 RtoR share of T-shirt sales $ 518.00 (fr om Wild We st Shirtworks) SUMMARY OF EXPENSES: Flashlights $ 912.40 Portable Toilets & Sinks $ 810.00 Dash Plaques $ 757.00 Trophies $ 585.66 (including sponsor gifts) Printing costs $ 532.98 Music at the show $ 450.00 Mailing costs $ 283.97 Volunteers' shirts $ 244.62 Day of Show Expenses $ 109.20 Flyer preparation $ 91.75 TOTAL EXPENSES: $4777.58 SUMMARY OF PROFITS: Taking the difference between the receipts and expenses, we made a net profit of $7270.82. In addition to our check of $7270.82, funds totaling $1115.00 were already given to the police department. A $500 donation will also be made to the Renton Police Department later this year by State Farm Insurance in recognition of Ben's volunteer work, making this year's total contribution $8885.82 To date, the Return to Renton has raised $75,340.88, of which $70,138.35 has been donated to the Renton Police Department, our sole beneficiary since 1995. APPPIOVED BY 011TV COUNCIL PLANNING & DEVELOPMENT Date COMMITTEE REPORT September 15, 2003 The Planning & Development Committee convened to consider the appeal of the recommendation of the Hearing Examiner dated April 2.4, 2003. The subject property is located at Park Avenue N. and 27t' Place, Renton, Washington. The applicant, Brad Hughes, sought a rezone of the subject site from Residential-1 (R-1) to Residential-5 (R-5) and approval of a preliminary plat. On remand from the Superior Court, "the Hearing Examiner- >recommended that the City Council deny the application`tio rezone the.siie-to,R-5 And declined to review the preliminary plat based on that recommendation. The applicant appealed that recommendation; citing :13 believed errors. FINDINGS OF FACT (1) The Committee adopts the findings'of factsas stated by the Hearing Examiner in the recommendationtdated,April 24, 2003. (2) The Committee finds=the requested rezone is in the public interest. Specifically, the rezone meets the public inter est.requiremerit'by fulfilling the City's own stated goals and the GNU goal of encouraging irifill development. (3)' The committee finds the rezone will further the preservation and enjoyment of the Petitioner's property rights. Specifically, the rezone will allow the Petitioner to develop the site at a level more compatible with development in the surrounding area and still maintain the proposed lots at a considerable size. (4) The Committee finds the rezone and subsequent development, while causing an increase in attendant noise, traffic, and other typical impacts of development, will not be detrimental to the public welfare. (5) The Committee finds that the rezone meets the decision criterion found in RMC 4-9-180F. Specifically, and most compellingly, the Committee finds that the infrastructure, public improvements, and other significant changes around the subject site have undergone significant and material changes that support increased development. Planning & Development Committee Report Clover Creek II Page 2 CONCLUSIONS OF LAW 1) The subject site meets the required criterion for a change of zone classification. 2) The approval of a rezone request is discretionary regardless of whether the request meets the review criterion. 3) Approval of the rezone would be in the best interest of the City of Renton. RECONEMENDATIONS The Committee recommends that the City Council depart from the Hearing. Examiner's recommendation to deny the rezone and approve a rezone of the subject site to Residential- 5 (R-5). The Committee further recommends "the City.Council remand the review of the preliminary plat back to the Hearing Examiner, for his. consideration: Da ice Chair C: Jennifer Henning Neil Watts CITY OF RENTON MEMORANDUM DATE: September 15, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council FROM: Jesse Tanner, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day to -day activities, the following items are worthy of note for this week: ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT • At their annual conference this month, the City/County Communications and Marketing Association (3CMA) awarded the 2003 Renton Community Calendar a second place Silver Circle in the 2003 Savvy Awards competition. More than 700 entries were submitted from across the country, and the awards were presented in eleven overall categories, recognizing outstanding local government achievements in communications, public sector marketing, and citizen -government relationships. This is the third time a Renton Community Calendar has received a national award from 3CMA. The judges noted that the 2003 Renton Community Calendar photos conveyed powerful, key community messages, and that the puzzle pieces throughout the calendar carried a consistent building theme. The Calendar is a joint effort between the City of Renton, Renton School District, Renton Technical College, and Valley Medical Center. The 2004 calendar is currently under production and will be available the first week of December. A seventeen -member delegation from Renton's Sister City, Cuautla, Jalisco, Mexico, will visit Renton on Monday, September 22nd, through Friday, September 26"'. Members of the visiting delegation include the Mayor of Cuautla, other public officials, business representatives, and educators. A variety of activities are planned to showcase the Renton community and entertain the special guests. A special reception and banquet held on Thursday, September 25d', will provide an opportunity for the public to welcome the visiting delegation. The reception will be held at the Renton Holiday Inn Select, located at One South Grady Way in Renton, and will begin at 6:30 p.m. Tickets to the banquet are $31.00 per person and can be purchased by calling 425-430-6500. Reservations must be received by Thursday, September 18d'. This Sister City relationship will enable citizens of both communities to gain a mutual awareness and appreciation of the different cultures and allow citizens from each community to participate in the educational, economic, and professional exchanges. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT Reconstruction of S. Grady Way, between the Rainier Avenue S. and Shattuck Ave S. intersections, will require temporary street closures for westbound through traffic on S. Grady Way. This necessary work will allow the contractor to remove sections of the existing roadway and replace them with new concrete roadway panels, with the least impact to the traveling public. Weekends currently identified for the approach reconstruction work are September 20'h to the 22nd (from Saturday at 7:00 a.m. to Monday at 5:00 a.m.) and September 27"' to the 29d' (from Saturday at 7:00 a.m. to Monday at 5:00 a.m.). Detour routes will be in place to direct traffic. Notices of the closure are being printed in the South County Journal and area businesses are being additionally targeted for notification. Administrative Report September 15, 2002 Page 2 Although the grinding work on Puget Drive South between Talbot Road S. and Rolling Hills was done last week, inclement weather did not allow the overlay paving to be installed last week. We will try again to install the overlay this week, weather permitting. Puget Sound Energy has agreed to replace the aging electrical conductors for the Grady 15 circuit that provides power to portions of the downtown along S. 2nd and S. 3rd Streets and Wells Avenue S. and Williams Avenue S. First, they are replacing some conduit that their recently completed infrared testing indicated might be faulty, and will continue by replacing 8,000 feet of underground conductor wiring over the next six weeks or so. This large project will cause PSE trucks to be located along the streets in this area during the work, but should not include much excavation since the replacement cable will be pulled through existing underground conduits. We are told that the work will require several planned power outages. PSE will provide more information on this project in the coming days. • Puget Sound Energy provided information on two power interruptions that occurred on Renton Hill over the past few months. On May 16"' there was a cable feeder failure in the Grady 16 circuit that provides power to the homes on Renton Hill. This resulted in a two-hour power outage while the feeder was being repaired. Then, on September 4"', there was a local cable failure that caused a power outage for portions of Renton Hill from 5:00 a.m. to 8:44 a.m. (some residents of Renton Hill had their power restored by 10:00 a.m.). POLICE DEPARTMENT During the week of September 16-22, the Police Department will be conducting traffic emphasis in the following areas: Renton Police Department Traffic Enforcement Emphasis September 16-22 Date 6:00 a.m. to Noon Noon to 6:00 p.m. All Da Motorcycles/Cars Motorcycles/Cars Radar Trailer September 16, Tuesday 2600 blk, NE 7th St (speed) Lk Wash Blvd (speed) Lk Wash Blvd (speed) 2600 blk, NE 7"' St 200 blk, S 2" St September 17, Wednesday 1800 blk, Kirkland Ave SE (speed) SW Sunset Blvd (turns/s eed) Rainier Ave N (speed) 1800 blk, Kirkland Ave SE (speed) 200 blk, S 2° St September 18, Thursday 1100 blk, Carr Rd (speed) Lk Wash Blvd (speed) 2600 blk, NE 7 St (speed) Rainier Ave N (speed) 400 blk, Cedar Ave S September 19, Friday Lk Wash Blvd (speed) 600 blk, Duvall Ave NE (speed) NE 10 /Olympia (stop sign) SW Grady Way (speed) 400 blk, Cedar Ave S September 22, Monday SW Sunset Blvd (turns/speed) 1400 Houser Way (speed) Lk Wash Blvd (speed) 200 blk, S 2°d St 2600 blk, NE 7h St i r CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Jesse Tanner, Mayor DepvDiv/Board•. AJLS Department Staff Contact...... Subject: Board of Adjustment Appointment Steve Maxwell Exhibits: Community Service Application Al #: s E For Agenda of: Agenda Status Consent............ Public Hearing... Correspondence.. Ordinance......... Resolution......... Old Business...... New Business...., Study Sessions.... Information....... Recommended Action: Approvals: Refer to Community Services Committee Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: September 15, 2003 X Mayor Tanner appoints Steve Maxwell to the Board of Adjustment, Position #7 (member of the general public), for an unexpired four-year term expiring on September 6, 2004, replacing Eric Cameron who resigned in 2002. Mr. Maxwell's address is: 2827 Mountain View Avenue N., Renton, WA 98056; telephone 425- 228-2844. The other members of the Board are: Jay S. Wallace, James H. Jacques, Mark Rigos, George Feighner, Wayne Jones, and Ralph Evans. STAFF RECOMMENDATION: Confirm Mayor Tanner's appointment of Steve Maxwell to the Board of Adjustment. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. . Staff Contact...... Jesse Tanner, Mayor AJLS Subject: Board of Adjustment Reappointments James Jacques Jay Wallace Exhibits: Recommended Action: Council Concur AI #: For Agenda of: September 15, 2003 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Mayor Tanner reappoints the following Board of Adjustment members: James Jacques, to Position #2 (home builder/member of Association of Home Builders), for a four-year term expiring on September 6, 2007. Mr. Jacques' address is 2509 Aberdeen Avenue NE, Renton, WA 98055; telephone 425-255- 2362. Jay Wallace, to Position #1 (practicing architect or engineer, state licensed), for a four-year term expiring on September 6, 2007. Mr. Wallace's address is 1207 N. 33`d St, Renton, WA 98056; telephone 425-865-6422. STAFF RECOMMENDATION: Confirm Mayor Tanner's reappointments of James Jacques and Jay Wallace to the Board of Adjustment. 9i Rentonnet/agnbill/ bh CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/DivBoard... City Clerk Staff Contact...... Bonnie Walton SUBJECT: Bid opening on September 4, 2003, for CAG-03-138, Museum Roof Replacement Project EXHIBITS: Staff Recommendation Bid Tabulation Sheet (five bids) MOM FOR AGENDA OF: September 15, 2003 AGENDA STATUS: Consent......... X Public Hearing.. Correspondence.. Ordinance....... Resolution...... Old Business.... New Business.... Study Session... Other........... RECOMMENDED ACTION: APPROVALS: Legal Dept...... Council concur Finance Dept.... Other. ISCAL IMPACT: Expenditure Required... $72,352 Transfer/Amendment.. Amount Budgeted........ $73,000 Revenue Generated... Total Project Budget... City Share Total Project... SUMMARY OF ACTION: Engineer's Estimate: $73,000 RECOMMENDED ACTION: In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities. Therefore, staff recommends acceptance of the low bid submitted by Lloyd A. Lynch, Inc. in the amount of $72,352. CITY OF RENTON Community Services Department 1`tY O U � 0 Committed to Enriching Lives 0 MEMORANDUM TO: Kathy Keolker-Wheeler, Council President Renton City Councilmembers VIA: Bonnie Walton, City Clerk FROM: Dennis Culp, Community Services Administrator STAFF: Greg Stroh, Facilities Manager x-6614 SUBJECT: Museum Roof Replacement Contract Project CAG-03-138 DATE: September 5, 2003 We would like to submit the results of the following project bid for Council's review and approval: • Council Date: September 15, 2003. • Project Name: Roof Replacement for the Renton Museum, CAG-03-138. • Project Summary: This project involves removal of the existing multi -layer built-up roofing, disposal of same and installation of a new modified bitumen roof coating system over the entire roof, including replacement of sheet metal flashings. The requirement for this roof replacement is driven by the age and current condition of the existing roof also to protect the assets in the space below. The current condition leaves open the possibility of leaks and possible damage to Museum displays and archives. • Bid Opening Date: September 4, 2003. • Number of Bidders: Five. • Apparent Low Bidder: Lloyd A. Lynch, Inc. • Apparent Low Bid: $72,352.00 • Engineers Estimate: $73,000.00 • Project Budget: Capital Improvement Program, Public Facilities: $73,000.00 • Bid Irregularities: None. • Staff Recommendation: Council concur in awarding the Roof Replacement project to Lloyd A. Lynch, Inc. for the amount of $72,352.00 CADocuments and Settings\gstroh\My Documents\Contract Docs\Misc Museum Roof Proj docs\Museum Roof Contract dots\Mayor memo Museum.doc CITY OF RENTON BID TABULATION SHEET 'ROJECT: Roof Replacement- Renton Museum; CAG-03-138 DATE: 9/4/2003 FORMS BID BIDDER Triple Includes 8.8% Sales Tax Form Addendum Lloyd A. Lynch, Inc. X X $72,352.00 P.O. Box 1305 Woodinville WA 98072-1305 Lynn A. Lynch Pacific Rainier Roofing, Inc. X X $77,571.14 10735 Stone Avenue N Seattle WA 98133-8923 J. Scott Nicholson Rainbow Federal Inc. X X $95,755.00 P.O. Box 1116 Carnation WA 98014 Dale Robertson Snyder Roofing X X $78,509.00 20203 Broadway Ave Snohomish WA 98296 Nigel Chiddick Wright Roofing, Inc. X X $77,420.99 P.O. Box 9339 Tacoma WA 98409 Jennifer Wright ENGINEER'S ESTIMATE: TOTAL: LEGEND: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage $73,000.00 CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board..... Staff Contact ........ SUBJECT: CAG—01-123 Community Services Dennis Culp Ext 6606 Design a Police Sub -Station in the City Center Parking Garage EXHIBITS: Issue Paper — Design a Police Sub -Station in the Parking Garage Proposed Additional Services by LMN Architects FOR AGENDA OF: September 15,2003 AGENDA STATUS: Consent ................................. )(X Public Hearing ....................... Correspondence .................... Ordinance .............................. Resolution ............................. Old Business ......................... New Business ........................ Study Session ....................... Information ............................ Other..................................... RECOMMENDED ACTION: APPROVALS: Council Concur Legal Dept .................. Finance Dept .............. X Other.......................... -ISCAL IMPACT: Expenditure Required ............. $20,470.00 Transfer/Amendment........ Amount Budgeted .................. $25.000.00 Revenue Generated ......... SUMMARY OF ACTION: With the increasing need for police presence in the transit center area, it is proposed to place a police sub -station in part of the retail space in the garage structure. The space required would be located on the Burnett Avenue side of the garage, closest to the transit center. The proposed space will consume approximately one-half of the available space on that side of the garage. City staff would propose to KC Metro Police that they use the sub -station as well in an effort to get their presence increased at the transit center. The plan is to have the police use the sub -station in much the same way as they use the one in the Fred Meyer Plaza. Both sub -stations would remain in use. The cost of construction will not be known until design is complete but is not expected to exceed $50,000. Garage funds, currently appropriated, are sufficient to cover both the design and the expected construction cost. STAFF RECOMMENDATION: That the Council Concur in authorizing the Mayor to sign the additional services agreement with LMN Architects to design the police sub -station in the parking garage. AGENDA Bill Police Sub-Station.DOC MEMORANDUM A, CITY OF RENTON COMMUNITY SERVICES 0 Committed to Enriching Lives 0 TO: Kathy Keolker-Wheeler, Council President Renton City Councilmembers VIA: Jesse Tanner, Mayor FROM: Dennis Culp, Community Services Administrator STAFF: Dennis Culp, ext 6606 a�)JWNI­ ' SUBJECT: Design of a Police Sub -Station in the Parking Garage DATE: September 8, 2003 ISSUES: Should the City of Renton design and construct a police sub -station in a portion of the City Center Parking Garage? RECOMMENDATION: That the Renton City Council authorize the Mayor to sign for additional design services from LMN Architects to design the police sub -station. BACKGROUND SUMMARY • With the increasing potential for incidents at the transit center, the City has been unable to get increased patrols at the transit center from KC Metro. • By placing a Renton Police sub -station in the vicinity, the increased police presence will help control the situation: • The sub -station shoul help the police presence to become more visible in the transit center. • In order to install a police substation in the parking garage, some improvements to a portion of the retail space is required. • The police need approximately 600 sf of space. • We are planning to offer a portion of the 600 sf to KC Metro police in an effort to have them increase their visibility in the transit center. • Construction costs should be approximately $50,000. • We propose to use LMN Architects since they designed the garage and wish to retain some design control over tenant improvements. • Once the design is complete, we propose to issue a change order to the Halvorson construction contract to complete the work. • There is sufficient budget remaining in the Garage Project to cover this expense CONCLUSION The location of a police sub -station near the transit center will help deter vandalism and other disruptive behaviors. Placing the sub -station on Burnett Avenue side nearest the transit center will assist in improving the police visibility. LMN 22 March, 2003 Mr. Dennis Culp Community Services Administrator City of Renton Community Services Department Renton City Hall — 5`h Floor 1955 South Grady Way Renton, WA 98055 Re: City of Renton Parking Garage Proposal for Additional Design Services for Tenant Improvement Addendum to B141 Agreement 25 July, 2001 Dear Dennis: We are pleased to present this proposal for additional architectural and engineering services to Provide a City Center Parking Police Substation, Our Scope of A/E Design Services is attached as a basis for the fee proposal that follows. We anticipate this work will take approximately two weeks to complete, disregarding the design review and building permit submittal review time by the City. Additional Architectural Services Revisions to Construction Documents Additional Consultant Services MEP revisions to Construction Documents Total Additional A/E Services $9,470. $11,000. $20,470. Judsen R. Marquardt, FAIA John F. Nesholm, FAIA Robert W. Widmeyer, AIA Mark Reddington. FAIA Walt W. Niehoff. Jr., AIA Christopher J. Eseman. AIA George H. Loschky. FAIA 801 SECOND AVENUE, SUITE 501 SEATTLE, WASHINGTON 98104 206.682.3460 FAX 343.9388 L M N A F' 1J- fl i s"%.��,. . Mr. Dennis Culp City Center Parking Police Substation 22 August, 2003 Page 2 This proposal is based on the assumption that the Work is to be provided by E.K. Halvorson as a change order to their current garage contract. If this proposal is acceptable to you please return one original with your signature. We look forward to providing our services to The City of Renton. If you have any questions about our proposal, please don't hesitate to call. 0Si cere , Wa W. Niehoff Jr., AIA Approved: Jessie Tanner Partner Mayor Loschl<y Marquardt & Nesholm City of Renton Attachment: Coffman Engineers Proposal, 21.August, 2003 WWN/djm Lprojects/rpg/other/projectcontrol/owner architect contract/phaseT1 proposal LMN Mr. Dennis Culp City Center Parking Police Substation 22 August, 2003 Page 3 City Center Parlcing Police Substation Program: Existing storefront and entry to be utilized without revisions. Display window to be removed or reduced in size. Approximately 655 square feet. Utilize adjacent existing restroom (add door for interior access). Warm and inviting to public while still a place for police to do business. Lobby/Reception Area with separation/visibility from office (counter is acceptable) Conference Area with table to accommodate up to 12 people (chairs can be shared from other stations). Two computer workstations with two file drawers each. Privacy required for work station/back areas and conference room area (not visible from exterior). Exterior storefront will need walls or blinds or similar.. Coffee station with undercounter refrigerator and microwave (include supply cabinet space). Bicycle storage and work bench area (access from entry needs to have durable floor finish to avoid tire marks). Ceiling can be as existing or revised as design progresses. Lighting in general can be as existing, add conference table lighting and task lighting Slab on grade will need insulation and topping slab installed. City will request an access door to garage through the CMU area separation wall. Carpet in office and conference area. Possible central building alarm connection from lobby reception. Communication link to headquarters. Two exterior blade signs from canopy per graphic program (design provided by Owner's Consultant). HVAC: Packaged heat pump (3-ton capacity) with electric resistance heater, single -zone. Outside air louver on East Exterior wall for required ventilation air and economizer. Single -zone control with programmable thermostat, seven-day per week scheduling. Ceiling -style, 24x24 supply air diffusers. No exhaust fan at Coffee station. Plumbing: Coffee station sink and faucet. Point -of -use electric water heater for Coffee station sink. LMN Mr. Dennis Culp City Center Parking Police Substation 22 August, 2003 Page 4 Domestic cold water supply extended from retail area future connection, provide for new future connection of other Retail tenants. Sink waste routed to existing underslab waste pipe. Vent pipe connected to existing vent riser on East wall. Domestic cold water supply connected to new coffee brewer. Electrical: 100A, 3-phase tenant panel located in the tenant space. Lighting control for daylighting & interior control zones. Re -locate & re -circuit the existing power & lighting within the new tenant improvement space. Communication connection to service provider Power & HVAC connections Documents anticipated RU36): Current Garage Specifications Added sections as required by design of space. Tenant Space Architectural Floor Plan and Reflected Ceiling Plan; and Section (on same sheet) Architectural Detail Sheet (partition types, casework, finish schedule, door schedule HVAC Plan• HVAC schedule and details Plumbing Foundation Plan Plumbing Plan HVAC & Plumbing schedules and details Electrical Power, Lighting & Signal Plan Electrical schedule/details AcoFFMAN N G 1 N E E R S August 21, 2003 Mr. Dave Mathews LMN Architects 801 Second Avenue, Suite 501 Seattle, Washington, 98104 Project: Renton Parking Garage —Police Substation Renton, Washington Subject: Mechanical and Electrical Engineering Services Fee Proposal —Revised Dear Dave: As requested, Coffman Engineers has prepared a lump -sum fee for mechanical and electrical engineering services. We understand the scope of the project to be as presented in the Program document dated August 11, 2003 that includes the Mechanical, Plumbing, Electrical, and Lighting scopes of work. In addition, the project is to be provided to the General Contractor as a revision to the current installation project of the Parking Garage. ENGINEERING FEES - Mechanical and Plumbing Design Phase $4,100 Construction Administration 900 $5,000 SCOPE OF SERVICE, --Mechanical Engineering 1. Coordinate with the structural engineers and electrical engineers. 2. Calculate heating and cooling loads for occupied areas and assist LMN with related equipment space planning. 3. Prepare construction documents for the tenant improvement space to include HVAC systems for occupied areas and plumbing systems. 4. Provide the Energy Code compliance calculations and forms for the mechanical systems as necessary for obtaining the building permit. 5. Fire protection design will consist of a performance specification requiring the contractor to provide a detailed design of the system as an extension of the existing dry -pipe sprinkler system in the Retail -East space. b. Provide the Energy Code compliance calculations and forms for the mechanical systems as necessary for obtaining the building permit. I601 Fifth Avenue Suite 900 Spokane, Washington Anchorage, Alaska Los Angeles, California Seattle,Washin810ft 4101.1610 S09 M 2994 907116 6664 N US 16S0 me nt nett _h.1�R f�1d111� Structural Mechanical Electrical Civil Corrosion Program and Construction Management Mr. Dave Mathews 1,MN Architects August 21, 2003 Page 2 7. Coordination with electrical designer. 8. One (1) meeting during the Design Phases is included. 9. Two (2) site visits during the Construction Administration Phase are included. 10. Two (2) site visits at end of the Construction Administration Phase (punch list visit and backpunch visit) are included. ENGINEERING FEES — Electrical and Lighting Design Phase $4,100 Construction Administration 900 $5,000 SCOPE OF SERVICE —Electrical Engineering 1. Calculate electrical loads, evaluate methods for power distribution and assist LMN with related equipment space planning. 2. Prepare construction documents (plans, but no specifications) for complete design of the power distribution system for the tenant improvement space. 3. Prepare construction documents (plans, but no specifications) for complete design of the lighting system for the tenant improvement space. 4. Provide fire alarm and security access systems design. This shall consist of device layouts, a riser diagram, and a performance specification. Actual shop drawings of the systems shall be produced by the specific vendor selected by the Contractor. 5. Provide the Energy Code compliance calculations and forms for the electrical systems as necessary for obtaining the building permit. 6. Coordination with mechanical designer. 7. One (1) meeting during the Design Phases is included. 8. Two (2) site visits during the Construction Administration Phase are included. 9. Two (2) site visits at end of the Construction Administration Phase (punch list visit and backpunch visit) are included. ADDITIONAL SERVICES Additional services beyond the basic services of this proposal include the following: • Record drawing production. • Construction Cost Estimating. • Energy or lifecycle cost analyses for rebates from local utilities. • Relocation of existing utilities outside of existing building footprint. • Additional services as defined in A1A Document C141. • Emergency generator design to support Life -Safety Systems. Mr. Dave Mathews LMN Architects August 21, 2003 Page 3 • Complete fire protection or fire alarm systems design. • 3-D renderings. • Aiming and adjusting of luminaries. • Mock-up of proposed lighting solutions. • Site lighting revisions to existing lighting installation. If additional services are desired during the course of the project, we propose services be performed on a time -and -expense basis of 2.5 times Direct Personnel Expense with a budgeted amount established for each. EXPENSES Reimbursable expenses as defined in AIA Document C141 will be billed in addition to the above at actual cost plus ten percent for handling, or as indicated on the attached schedule. The estimated amount for reimbursable expenses is $1,000 total for mechanical and electrical. If you should have any questions, please call me at (206) 521-0741. SincerelAKK. CG RS, INC. Der, PE Principal, Mechanical Engineering DKP: cjs 01900let082103dkpLMN Rev APPROVED AND ACCEPTED BY: LMN Architects Signature Title Date CITY OF RENTON COUNCIL AGENDA BILL Al It: Submitting Data: For Agenda of: September 15, 2003 Dept/Div/Board.. Community Services/Parks Division Agenda Status Staff Contact...... Jon Jainga Capital Project Coordinator (ext. 6602) Consent .............. X Public Hearing.. Subject: Gene Coulon Memorial Beach Park Nisqually Earthquake Correspondence.. Rehabilitation- CAG-02-194 Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: Notice of Completion of Public Works Contract Study Sessions...... Information......... Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $8,247.75 Transfer/Amendment....... Amount Budgeted.......... $200,000.00 Revenue Generated......... Total Project Budget $200,000.00 City Share Total Project.. SUMMARY OF ACTION: The earthquake rehabilitation repairs at Gene Coulon Memorial Beach Park have been completed in accordance with contract documents. The original contract amount was $171,267.52. The project had $13,621.84 in change orders, and $5,418.24 in credits. The final contract amount, including tax, was $179,471.12, which includes $8,247.75 in retainage. STAFF RECOMMENDATION: The staff recommends that the Council accept the project, and authorize the release of retainage in the amount of $8,247.75 upon receipt of all required releases. 2003-177aa State of Washington Department of Revenue �► PO Box 47474 REVENUE Olympia WA 98504-7474 Contractor's Registration No. (UBI No.) Date NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: City of Renton Tracy Schuld 1055 S. Grady Way Renton, WA 98055 Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number Gene Coulon Beach Park Earthquake Rehabilitation Project CAG-02-194 Contractor's Name Telephone Number Precision Earthworks, Inc. 425-742-1276 Contractor's Address 14231 Lake Road, Suite 300, Lynnwood, WA 98037 Date Work Commenced Date Work Completed Date Work Accepted 12/28/02 6/20/03 6/30/03 Surety or Bonding Company ""ravlers Casualty and Surety Company of America .gent's Address 701 5th Avenue, Suite 3850, Seattle, WA 98104 Contract Amount $ 157,415.00 Additions $ + 12,520.07 Liquidated Damages $ 0.00 Reductions $ - 4,980.00 Sub -Total $ 164,955.07 Amount Disbursed $ 171,223.86 Amount of Sales Tax Paid at 8.8 % $ 14,516.05 Amount Retained $ 8,247.75 (If various rates apply, please send a breakdown) TOTAL $ 179,471.12 TOTAL $ 179,471.11 Comments: Signature Type or Print Name Tracy Schuld Phone Number 425-430-6918 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO 1YMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in -ccordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TTY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e (6-27-01) CITY OF RENTON COUNCIL AGENDA BILL Al #: -� SUBMITTING DATA FOR AGENDA OF: September 15, 2003 Dept/Div/Board.... Police Staff Contact ........ Garry Anderson (XT 7503) AGENDA STATUS: SUBJECT: Interlocal cooperative agreement between Auburn, Kent, Renton, Tukwila, King County Sheriffs Office, and Washington State Patrol, for the Valley Narcotics Enforcement Team EXHIBITS: (1) Resolution (2) Interlocal Agreement Consent ................. X Public Hearing..... Correspondence... Ordinance ............. Resolutnion Old Business New Business Study Session Other RECOMMENDED ACTION: APPROVALS: Council Concur Legal Dept............ X Finance Dept........ Other ..................... FISCAL IMPACT: Expenditure Required.... None Transfer/Amendment.... Amount Budgeted .......... $0 Revenue Generated....... SUMMARY: The municipalities of Auburn, Kent, Renton, Tukwila, and the King County Sheriffs Office and Washington State Patrol, entered into an interlocal agreement to form the Valley Narcotics Enforcement Team. This multi -jurisdictional effort to handle narcotic investigations has resulted in more effective pooling of personnel, and improved use of funds, equipment, training, and expertise. This is an updated interlocal agreement that includes the addition of the King County Sheriffs Office to the task force. RECOMMENDATION: Approve the Interlocal Cooperative Agreement Between Auburn, Kent, Renton, Tukwila, King County Sheriffs Office, and Washington State Patrol, for the Valley Narcotics Team, and adopt a resolution authorizing the Mayor and City Clerk to sign the Interlocal Agreement. (AGENDA89) CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, KENT, RENTON, TUKWILA, KING COUNTY SHERIFF'S OFFICE, AND THE WASHINGTON STATE PATROL, FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM. WHEREAS, political subdivisions of the state are authorized by the Interlocal Cooperation Act, RCW 39.34, to enter into interlocal agreements; and WHEREAS, the Mutual Aid Peace Officers Powers Act, RCW 10.93, allows for the provision of mutual aid by and between law enforcement agencies; and WHEREAS, King County and the municipalities within the Puget Sound area have experienced increased drug abuse along with greater urbanization and population densities; and WHEREAS, the ability to address drug abuse and the crimes committed relating to the sale and abuse of drugs has stretched the resources of individual police department specialty units; Fm WHEREAS, multi jurisdictional efforts to handle specific and complicated narcotic investigations will result in more effective pooling of personnel funds, equipment, training, and expertise; and WHEREAS, the multi jurisdictional effort will improve services for the citizens of all participating jurisdictions, increasing safety for officers and the community, and provide improved cost effectiveness; and 1 RESOLUTION NO. WHEREAS, the municipalities of Auburn, Kent, Renton, and Tukwila, the King County Sheriffs office, and the Washington State Patrol wish to form a multi jurisdictional effort known as the Valley Narcotics Enforcement Team; and WHEREAS, it is necessary to document the terms and conditions under which the Valley Narcotics Enforcement Team will operate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement for the creation of the Valley Narcotics Enforcement Team. PASSED BY THE CITY COUNCIL this day of 112003. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1010:9/4/03:ma Bonnie I. Walton, City Clerk day of Jesse Tanner, Mayor 2003. N 1 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, KENT, RENTON, TUKWILA, KING COUNTY SHERIFF'S OFFICE, AND THE WASHINGTON STATE PATROL FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM I. PARTIES The parties to this agreement are the cities of Auburn, Kent, Renton, and Tukwila, the King County Sheriffs Office, and the Washington State Patrol. 11. AUTHORITY This agreement is entered into pursuant to Revised Code of Washington Chapters 10.93 and 39.34. III. PURPOSE The parties desire to establish and maintain a multi jurisdictional Valley Narcotics Enforcement Team. IV. FORMATION There is hereby established a multi jurisdictional team to be hereafter known as the Valley Narcotics Enforcement Team ("VNET"), the members of which shall be the cities of Auburn, Kent, Renton and Tukwila, the King County Sheriffs Office ("KCSO"), and the Washington State Patrol. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area have experienced an increase in drug abuse, in urbanization, and in population densities. The ability to address drug abuse and the crimes committed relating to the sale and abuse of drugs has stretched the resources of individual police department specialty units. Law enforcement efforts directed at dealing with narcotic issues have, for the most part, been conducted by law enforcement agencies working independently. A multi - jurisdictional effort to handle specific and complicated narcotic investigations will result in more effective pooling of personnel, improved utilization of funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization/application of a combined narcotic enforcement team. The results will be improved services for all of the participating entities, increased safety for officers and the community, and improved cost effectiveness. VI. DURATION The term of this agreement shall be one year upon adoption by all parties. This agreement shall automatically extend for consecutive one-year periods. Vll. GOVERNANCE The affairs of the VNET team shall be governed by an Executive Board ("Board"), whose members are composed of the police chief/sheriff, or his/her designee, from each participating jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is Valley Narcotics Enforcement Team Operational Agreement - 1 made. A majority of Board members, or their designees, must be present at each meeting for any action taken to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may decide. There shall be a minimum of ten (10) meetings each year, with the Board's intent being that meetings be held monthly. The presiding officer, or any board member, may call extra meetings as necessary. The presiding officer shall provide no less than forty- eight (48) hours notice of all meetings to all members of the Board; PROVIDED, however, that in emergency situations, the presiding officer may conduct a telephonic meeting or poll of Board members to resolve any issues related to such emergency. Vill. TEAM OBJECTIVES The assigned personnel from each participating agency will form a combined investigation team ("Team") through VNET that serves each of the participating agencies' service areas. VNET shall also be available to outside law enforcement agencies as outlined under mutual aid. The objective of the VNET shall bb to provide enhanced and more efficient use of personnel, equipment, budgeted funds, and training. The combined Team shall respond as able and as approved by the VNET Supervisor or Commander when requested by any of the participating agencies. IX. STAFF Commander: A VNET Commander, with the rank of Lieutenant, Commander or Captain from his/her respective agency shall be appointed by the Board. The Commander shall be selected from the member agencies. The VNET Commander shall act as principal liaison and facilitator between the Board and the members of the Team. The VNET Commander shall operate under the direction of the presiding officer, of the Board; provided, that such direction does not contradict the policies and procedures of the Commander's agency or any other participating agency. The VNET Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments and problems of the Team. The VNET Commander shall prepare monthly written reports to the Board on the actions, progress and finances of the Team. In addition, the VNET Commander shall be responsible for presenting rules, procedures, regulations and revisions for Board review and approval. Team Supervisor, A Team Supervisor with the rank of Sergeant or equivalent from his/her respective agency shall be appointed by the Board. The VNET Supervisor shall act as first level supervision for the team and shall report directly to the VNET Commander. Officer Manager: The VNET Office Manager shall be provided by the City of Kent on a reimbursable basis and shall work under the direction of the Board. The Office Manager reports directly to the Team Supervisor and is responsible for unit accounting, reports, office support, and other duties as appropriate. Attorney: An attorney shall be a member of the Team. The King County Prosecutor's Office shall select and interview candidates and make a recommendation to the Executive Board. The Executive Board will make the selection based upon staff recommendation. The attorney will be responsible for reviewing and filing cases, wire orders, search warrants, forfeiture process, and other services as needed. Valley Narcotics Enforcement Team Operational Agreement - 2 VNET Detectives: Each agency shall contribute one (1) full-time commissioned officer to the Team. Employees of Contributing Agencies: The personnel assigned to the Team shall be considered an employee of the contributing agency. That agency shall be solely and exclusively responsible for the compensation and benefits for that employee. All rights, duties, and obligations of the employer and the employee shall remain with that individual agency. Each agency shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. X. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating VNET Detectives. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VNET Detectives. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating VNET Detectives. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the VNET shall be equal to those provided by the other participating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended by its participating VNET members. The Board shall be responsible for purchasing VNET equipment. Property purchased using VNET funds shall remain the property of the VNET. The Board must approve any joint capital expenditure for VNET equipment of $1,000.00 or more. Approval for capital expenditures of less than $1,000.00 may be authorized by the VNET Commander_ XI. FINANCIAL REQUIREMENTS The VNET operating budget relies primarily on three (3) funding sources: The Federal Byrne Grant; the participating agencies; and the VNET assets forfeited at the state and federal levels. Utilization of forfeited assets is based upon appropriate legal guidelines. Byrne Grant funds are administered by the state and follow the state budget cycle of July 1 through June 30 of the following year. VNET shall request monthly reimbursements of expenses until the awarded amount is exhausted. Once the Byrne Grant allotment has been exhausted, forfeited assets will be used to pay expenses for the remainder of the budget cycle. VNET shall prepare a budget each year that estimates the grant funds available, and each participating agency shall provide VNET with the annual cost to assign an officer to the unit. An agency's annual contribution is then divided by twelve (12) and credited towards the monthly salary and benefits of the agency's participating officer. All other expenses are paid for by VNET utilizing either the Byrne Grant funds or forfeited assets. The Board shall agree upon a date each year by which time it will notify the participating agencies of each agencies' expected contribution. The KCSO contribution to VNET includes providing office space, storage space, computer resources, parking, and phone service at no cost. Valley Narcotics Enforcement Team Operational Agreement - 3 XII. TERMINATION A jurisdiction may withdraw its participation in the VNET by providing written notice of its withdrawal and serving such notice upon each Board member of the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating Board members. The withdrawal of participating jurisdictions shall not automatically result in dissolving the VNET. The VNET may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief/sheriff of each participating jurisdiction is present at the meeting in which such vote is taken. XIII. DISTRIBUTION OF ASSETS UPON TERMINATION Upon termination of the VNET, each participating jurisdiction shall retain sole ownership of it equipment purchased and provided to its participating VNET members. Any assets acquired with joint funds of the VNET shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the VNET shall be determined. by using commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any VNET property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the VNET at the time of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VNET, but the VNET continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VNET or to share in the proceeds at the time of dissolution. Arbitration pursuant to this section shall occur as follows: a. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the VNET upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. b. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XIV. COMPLIANCE WITH THE LAW The VNET and all its members shall comply with all Federal, State, and local laws affecting the VNET. XV. ALTERATIONS This agreement may be modified, amended, or altered by agreement of all participating agencies and. such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner provided for by this agreement. Valley Narcotics Enforcement Team Operational Agreement - 4 XVI. RECORDS Each agency shall maintain records relating to work performed by its employees assigned to the VNET. XVII. FILING Upon execution hereof, this agreement shall be filed with the appropriate office for each participating member (i.e., the City Clerks of the respective participating municipalities, the KCSO Legal Unit, the Secretary of State, and such other governmental agencies as may be required by law). XVIII. SEVERABILITY If any part, paragraph, section, or provision of this agreement is held to be invalid by any court of competent jurisdiction in the State of Washington, such adjudication shall not affect the validity of any remaining section, part, or provision of this agreement. XIX. AGENCY AUTHORIZATIONS This agreement shall be executed on behalf of authorized representative and pursuant to an authorizing practice of each participating agency counterparts and be valid as if each authorized document. each participating agency by its duly appropriate resolution, ordinance, or This agreement may be executed by representative had signed the original XX. HOLD HARMLESS Each party to this agreement agrees to hold harmless and indemnify the other participating agencies and their officers, officials and employees from any loss, claim, or liability arising from or out of the negligent or tortious actions or inactions of the parties' officers, officials, and employees. XXI. DEFENSE OF LAWSUITS Each agency shall be responsible for selecting and retaining legal counsel for itself and for any employee of said agency who is named in a lawsuit alleging liability arising out of VNET operations. Each agency that retains counsel for itself and/or its employees shall be responsible for paying the attorney's fees and costs incurred by that counsel. The agencies shall not share costs of defense attorneys among each other unless they specifically agree in writing to the contrary in any particular legal action. XXII. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event that a lawsuit is brought or a claim is filed against a member or its employees for actions arising out of their conduct in support of VNET operations, the member shall promptly notify the other agencies that the claim or lawsuit has been initiated. XXIII. SETTLEMENT PROCEDURE Any agency or member who believes that another agency would be liable for a claim, settlement, or judgment which arises from a VNET action or operation, shall have the burden of notifying each other participating agency of all settlements or demands made to that agency and any claims and/or lawsuits naming that agency and/or its employees for what may be liability arising out of a VNET operation. Said member agency shall be obligated to make a prompt and timely notice and tender of defense to any agency that is believed to be liable to any other agency for VNET liability. Valley Narcotics Enforcement Team Operational Agreement - 5 The member agencies shall be free to seek a separate settlement with the claimant and/or plaintiff, which would eliminate the liability of that agency and/or its employees. However, any such separate settlement would not eliminate the settling agency's obligation to indemnify the other member agencies and/or .their employees if they are found to be liable in any court judgment from a lawsuit that arose from a VNET operation requested by the police chief/sheriff or designee of the member agency that has separately settled. Any agency making a separate settlement would have no right to seek any reimbursement or contribution from other agencies for any portion of a settlement that said agency has reached separately with the claimant and/or plaintiff. XXIV. COOPERATION IN DEFENSE OF LAWSUITS The agencies and their respective defense counsel shall, to the extent reasonably possible and consistent with the best interests of their respective clients, cooperate in the defense of any lawsuit arising out of the operations of the VNET and shall agree, wherever possible, to share non -attorney fee related costs such as record gathering, preparation of trial exhibits, the retention and payment of expert witnesses, and the cost of deposition reporting and transcription. XXV. MISCELLANEOUS NOTHING HEREIN SHALL REQUIRE OR BE INTERPRETED TO: a. Waive any defense arising out of RCW Title 51. b. Limit or restrict the ability of any agency or employee or legal counsel for any agency or employee to exercise any right, defense, or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. C. Cover or require indemnification or payment of any judgment against any individual or member agency for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or member agency. Payment of punitive damage awards shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards. XXVI. ASSET SHARE AGREEMENT In situations where a drug investigation case is initiated in a KCSO contract city or non- affiliated city and then ultimately accepted by VNET for investigation, an appropriate and reasonable asset forfeiture share agreement will be entered. If the case is initiated in a KCSO contract city, the share agreement shall be subject to the terms of the interlocal agreement between the contract city arid King County, and the contract city chief shall be consulted on the agreement. The agreement wilt be mindful of expended staffing and resources. Determination and distribution of funds will occur only after all costs related to the seizure and forfeiture have been deducted. The sponsoring VNET agency will act as the conduit for return of forfeited funds or seized assets to the contract or non-affiliated city. Valley Narcotics Enforcement Team Operational Agreement - 6 s By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. KING COUNTY EXECUTIVE MAYOR, CITY OF AUBURN MAYOR, CITY OF RENTON Date Date Date MAYOR, CITY OF TUKWILA Date MAYOR, CITY OF KENT CHIEF, WASHINGTON STATE PATROL SHERIFF, KING COUNTY Approved as to form: City Attorney, City of Auburn City Attorney, City of Renton City Attorney, City of Tukwila City Attorney, City of Kent Attorney, Washington State Patrol King County Prosecuting Attorney P.ICM3FILE,40M B. 770C.ftVNEfhYak.fClcang.. Date Date Date Valley Narcotics Enforcement Team Operational Agreement - 7 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division September 15, 2003 Agenda Status Staff Contact...... Tom Malphrus, x-7313 Abdoul Gafour, x-7210 Consent .............. X Public Hearing.. Subject: CAG- 01-024, Replacement of Well EW-3 Project Correspondence.. WTR-27-2315 Ordinance ............. Resolution........... . New Business....... Exhibits: Issue Paper Study Sessions...... Final Pay Estimate Information......... Notice of Completion of Public Works Contract Recommended Action: Approvals: Legal Dept......... Council Concur Finance Dept...... X Other. Fiscal Impact: Expenditure Required Amount Budgeted Total Project Budget $8,000.00 (Final Pay Estimate) $0.0 (in 2003) $1,045,000 (2001-2002 B1 SUMMARY OF ACTION: Transfer/Amendment Revenue Generated City Share Total Project Transfer $8,000 from account no. 421.500.18.5960.34.65.55260to account no. 421.500.18.5960.34.65.55400 N/A $1,045,000 The project started May 23, 2001, and was completed on August 15, 2003. The original contract amount was $814,719.42 and the final contract amount is $910,106.56, an increase of $95,387.14 (12% of the original contract amount). The increase covers field conditions not anticipated and includes replacement of a parking lot in Liberty Park, restoration of primary metered power at Well EW-3, and mechanical, electrical and landscape changes. The project has been completed to the satisfaction of the Water Utility. The Water Utility did not request an appropriation in 2003 for the Replacement of Well EW-3 project budget. The Water Utility now needs funds in this budget to close out the project. The Water Utility requests a transfer of $8,000 from the Reservoir Recoating project budget to the Replacement of Well EW-3 project budget. This transfer will not increase the Water Utility's 2003 total appropriation. STAFF RECOMMENDATION: The Utility Systems Division of the Planning/Building/Public Works Department recommends that Council accept the project, approve the final pay estimate and approve release of retainage after 60 days, subject to receipt of all required authorizations. In addition, the Planning/Building/Public Works Department recommends that Council approve the transfer of $8,000 from the Reservoir Recoating project budget to the Replacement of Well EW-3 project budget. The adjustment is. needed to close out the project. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2315 - Well EW-3 Replacement\PayEstimate- FinalPayment\AcceptanceAgendaBill. doc\ CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: September 5, 2003 TO: Kathy Keolker-Wheeler, President City Councilmembers VIA: �� Mayor Jesse Tanner FROM: Gregg ZimmermanAPW Administrator STAFF CONTACT: Abdoul Gafour (0210) SUBJECT: CAG-01-024 Replacement of Well EW-3 Final Acceptance of Project and Adjustment of Funds within Water Utility 421 Budget ISSUE: The Water Utility requests an adjustment within the 2003 appropriation of the Capital Improvement Projects budget (fund 421) in order to cover close out costs for the construction of the Replacement of Well EW-3 project. RECOMMENDATION: • Approve the adjustment of funds in the amount of $8,000 within the Water Utility 2003 total appropriation for Capital Improvement Projects fund 421. • Approve the final pay estimate and accept the project. BACKGROUND SUMMARY: On April 23, 2001, Council approved authorization of a construction contract for the Replacement of Well EW-3 project in the contract amount of $814,719.42, with Prospect Construction Inc. Anticipating that the construction of the project would be completed in 2002, the Water Utility did not request for a year 2003 appropriation for the replacement of Well EW-3 project budget. However, near the end of the project, the Water Utility discovered minor punch list items that needed to be corrected and we informed the contractor that we would withhold the final payment in the amount of $1,537. In addition, in 2003 we received a bill from Puget Sound Energy in the amount of $3,436.36 for the removal of a power pole at Well EW-3. This work was related to the Replacement of Well EW-3 project. The bill covered work performed in 2001 and was unanticipated. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2315 - Well EW-3 Replacement\PayEstimate- FinalPayment\lssuePaperAdjToApprop. doc September 5, 2003 Page 2 The Water Utility requests the transfer of $8,000.00 from the Reservoir Recoating Project budget (account no. 421.000500.018.5960.0034.65.055260) to the Replacement of Well EW-3 project budget (account no. 421.000500.018.5960.0034.65.055400) in order to process the final payment to Prospect Construction, Inc., for completing the construction of the project, and to cover the bill from Puget Sound Energy to remove a power pole at the project site and also City staff costs associated with closing out the project. CONCLUSION: The Replacement of Well EW-3 project is completed and the facility is currently in full operation. The Water Utility recommends that Council accept the project, approve the final pay estimate and authorize the transfer of $8,000.00 from the Reservoir Recoating project budget (421.000500.018.5960.0034.65.055260) to the Replacement of Well EW-3 project budget (421.000500.018.5960.0034.65.055400). This transfer will not increase the Water Utility's 2003 total appropriation. H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2315 - Well EW-3 Replacement\PayEstimate- FinalPayment\lssuePaperAdjToApprop.doc\THM:tp 'TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR C "RACTOR: Prospect Construction, Inc. C. 'RACT NO. CAG 01-024 ESTIMATE NO. 18 (Final) PROJECT: Replacement of Well EW-3 Closing Date: 08/15/03 1. CONTRACTOR EARNINGS THIS ESTIMATE 2. SALES TAX @ 8.80% 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $1,413.00 $124.34 $1,537.34 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $793,327.91 5. ' EARNINGS DUE CONTRACTOR THIS ESTIMATE $1,342.35 6. SUBTOTAL - CONTRACTOR PAYMENTS $794,670.26 7. RETAINAGE ON PREVIOUS EARNINGS 8. " RETAINAGE ON EARNINGS THIS ESTIMATE 9. SUBTOTAL - RETAINAGE 10. SALES TAX PREVIOUSLY PAID 11. SALES TAX DUE THIS ESTIMATE 12. SUBTOTAL - SALES TAX $41,754.09 $70.65 $73,487.22 $124.34 $41,824.74 $73,611.56 (95% x LINE 1) *' (RETAINAGE: 5%) GRAND TOTAL: $910,106.56 FINANCE DEPARTMENT ACTION: F IENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT # 421.000500.018.5960.0034.65.055400 (55400/5160) $1,466.69 # 18 (Final) $1,466.69 RETAINED AMOUNT (Line 8): ACCOUNT # 421.000500.018.5960.0034.65.055400 (55400/5160) $70.65 # 18 (Final) $70.65 TOTAL THIS ESTIMATE: $1,537.34 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION 1, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON, AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CER6FYTOSAIDCLAIM Signed: IUD 6;oltv, S Z 3 Printed On: 09/02/2003 City of Renton Public Works Department Page 1 Printed On: 09/02/2003 City of Renton Public Works Department Page 1 --�iecl: Replacement of Well EW-3 tractor. Prospect Construction, Inc. Hem Description No. Pay Estimate Unit Est. Quaint Contract Number: CAG 01-024 18 (Final) Closing Date: 08/15/2003 Unit Previous Previous This This Total Total Price Quantity Amount Quantity Amount Quantity Amount A-1 Site Grading and Demolition Lump Sum 1 $55,000.00 1.00 $55,000.00 0.00 $0.00 1.00 $55,000.00 A-2 Site Piping and Utilities (Exterior) Lump Sum 1 $45,000.00 1.00 $45,000.00 0.00 $0.00 1.00 $45,000.00 A-3 Well House Building Lump Sum 1 $125,000.00 1.00 $125,000.00 0.00 $0.00 1.00 $125.000.00 A-4 Excavation Safety Lump Sum 1 $2,500.00 1.00 $2,500.00 0.00 $0.00 1.00 $2,500.00 A-5 Mechanical Piping and Equipment (Interior) Lump Sum 1 $133,823.00 1.00 r $133,823.00 0.00 $0.00 1.00 $133,823.00 A-6 HVAC Lump Sum 1 $11,000.00 1.00 $11,000.00 0.00 $0.00 1.00 $11.000.00 A-7 Paving Lump Sum 1 $4,000.00 1.00 $4,000.00 0.00 $0.00 1.00 $4,000.00 A-8 Landscaping Lump Sum 1 $18,000.00 1.00 $18,000.00 0.00 $0.00 1.00 $18,000.00 A-9 Chlorination and Fluoridation Equipment Lump Sum 1 $20,000.00 1.00 $20,000.00 0.00 $0.00 1.00 $20,00.0.00 B-1 Sanitary Sewer Line Lump Sum 1 $54,000.00 1.00 $54,000.00 0.00 $0.00 1.00 $54,000.00 B-2 Chemical Containment System Lump Sum 1 $70,000.00 1.00 $70,000.00 0.00 $0.00 1.00 $70,000.00 B-3 Location of Existing Utilities Lump Sum 1 $2,500.00 1.00 $2,500.00 0.00 $0.00 1.00 $2,500.00 ' Trench Safety Lump Sum 1 $5,000.00 1.00 $5,000.00 0.00 $0.00 1.00 $5,000.00 8-5 Modifications to CCTF Lump Sum 1 $20,000.00 1.00 $20,000.00 0.00 $0.00 1.00 $20,000.00 B-6 CCTF Facility Safety Lump Sum 1 $2,500.00 1.00 $2,500.00 0.00 $0.00 1.00 $2,500.00 B-7 Pavement Restoration Lump Sum 1 $18,000.00 1.00 $18,000.00 0.00 $0.00 1.00 $18,000.00 B-8 Sidewalk Restoration Lump Sum 1 $5,000.00 1.00 $5,000.00 0.00 $0.00 1.00 $5.000.00 B-9 Grass Area Restoration Lump Sum 1 $2.500.00 1.00 $2,500.00 0.00 $0.00 1.00 $2,500.00 C-1 Electrical Construction Lump Sum 1 $70,000.00 1.00 $70,000.00 0.00 $0.00 1.00 $70,000.00 C-2 Instrumentation and Control Construction Lump Sum 1 $85,000.00 0.99 $84,150.00 0.01 $850.00 1.00 $851000.00 co #1 Pave Parking Area & Misc. Items Lump Sum 1 $27,843.00 1.00 $27,843.00 0.00 $0.00 1.00 $27,843.00 CO#2 Primary Power & Misc. Items Lump Sum 1 $38,390.00 1.00 $38,390.00 0.00 $0.00 1.00 $38,390.00 CO#3 Sewer Drop & Spare Caustic & Inhibitor Lines Lump Sum 1 $3,019.00 1.00 $3,019.00 0.00 $0.00 1.00 $3,019.00 CO#4 Water tank, mixing valve, motor starter, misc. Lump Sum 1 $7,654.00 1.00 $7,654.00 0.00 $0.00 1.00 $7,654.00 CO#5 Electrical, asphalt, floats, fire equipment, pump Lump Sum 1 $10,203.00 1.00 $10,203.00 0.00 $0.00 1.00 $10,203.00 CO#6 Extra Painting Lump Sum 1 $563.00 0.00 $0.00 1.00 $563.00 1.00 $563.00 Subtotal $836,495.00 $835,082.00 $1,413.00 8.8% Sales Tax $73,611.56 1 $73.487.22 $124.34 Total $910,106.56 $908,569.22 $1,537.34 $836,495.00 $73,611.56 $910,106.56 �% 7 Z-o3 I sTArL o� State of Washington o Department of Revenue 9 < z Audit Procedures & Administration w PO Box 47474 Olympia, Washington 98504-7474 Reg.No.: Date: NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: City of Renton Finance Department 1055 S. Grady Way Renton, WA 98055 Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract CAG 01-024 Replacement of Well EW-3 (WTR-27-2315) Contractor's Name Prospect Construction, Inc. Telephone No. (253) 939-9306 Contractor's Address 1282 Valentine Ave SE, Pacific, WA 98047 Date Work Commenced May 23, 2001 Date Work Completed August 15, 2003 Date Work Accepted September 15, 2003 Surety or Bonding Co. Safeco Insurance Company of America Agent's Address Stacey Cutbrirth, Bratrud Middleton Insurance, P.O. Box 2940, Tacoma, WA 98401 (253-761-3221) Contract Amount: $748,823.00 Amount Disbursed Additions or Reductions: $87,672.00 Amount Retained: Sales Tax: $73,611.56 Total: Total $910,106.56 9M (Disbursing Officer) Phone No: $868,281.82 $41,824.74 $910,106.56 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. FORM REV 31 0020 (12-92) H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2315 - Well EW-3 Replacement\PayEstimate- Final Payment\NoticeOfUompletion.doc CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board..... Community Services Staff Contact........ Dennis Culp Ext 6606 SUBJECT: Pavilion Building Budget Increase EXHIBITS: Issue Paper — Pavilion Building Budget FOR AGENDA OF: �dde� V151- 2a©3 a September 15, 2003 AGENDA STATUS: Consent ................................. )()( Public Hearing ....................... Correspondence .................... Ordinance .............................. Resolution ............................. Old Business ......................... New Business ........................ Study Session ....................... Information ............................ Other..................................... RECOMMENDED ACTION: APPROVALS: Refer to Committee of the Whole Legal Dept .................. Finance Dept .............. Other.......................... FISCAL IMPACT: Expenditure Required ............. $80,000 Transfer/Amendment........ Amount Budgeted .................. $80,000 Revenue Generated......... SUMMARY OF ACTION: Several unforeseen site conditions have surfaced during construction that require either a change in project scope or an increase in the project budget. Specifically, additional concrete was found under the floor slab; additional work was required to prepare the curvilinear roof structure to accept the metal roofing; additional sprinklers were required; and the seismic roof sheathing needed adjustment because the roof thrusses were uneven. No change in the originally approved scope has occurred. The staff has identified the glass gable ends as a candidate for scope reduction should an increase in funding not be possible. Additional funds, however, are available from the garage project savings. STAFF RECOMMENDATION: That the Council concur in authorizing the Mayor to use the garage fund savings to increase the Pavilion appropriation by $80,000 to cover known site conditions ($50,000) and to restore a small contingency ($30,000). rev. 9/13/93 AGENDA Bill Pavilion Budget Increase.DOC MEMORANDUM CITY OF RENTON COMMUNITY SERVICES 0 Committed to Enriching Lives 0 TO: Kathy Keolker-Wheeler, Council President Renton City Councilmembers VIA: �L Jesse Tanner, Mayor FROM: Dennis Culp, Community Services Administrator�%�,�v STAFF: Dennis Culp, ext 6606 SUBJECT: Pavilion Project Appropriation Increase DATE: September 15, 2003 ISSUES: Should the City of Renton increase the Pavilion Project appropriation by $80,000 to cover unforeseen site condition expenses found during construction ($50,000) and to restore a small contingency ($30,000)? RECOMMENDATION: That the Renton City Council authorize the Mayor to increase the Pavilion Project budget by $80,000 to cover unforeseen site condition expenses ($50,000) and to restore a small contingency ($30,000). BACKGROUND SUMMARY • On February 16, 2003, Council authorized and appropriated $2,592,112.81 to renovate the Pavilion Building. The scope of this work included air- conditioning, a raised floor, and glass at the gabled ends of the building. • The project budget included $186,352 in contingency funds to cover construction change orders and design change orders. • During construction several unforeseen site conditions and design clarifications surfaced that required the use of the project contingency. • The attached budget breakdown identifies the expenditures required. Note that none are considered scope increases. • In order to stay within the original budget some scope will have to be reduced. The most reasonable scope reduction is to replace the glass at the East and West ends of the building (above the store front) with siding. This action will not preclude the city from installing the glass siding at some future time. The savings is estimated to be $50,000, which will cover the known changes but leave the project with no contingency for future unknowns. • Should the Council authorize an increase in the project budget to cover the known changes ($50,000), the Administration would also propose a small contingency ($30,000) to provide a means to deal with other unforeseen situations. These funds would not be used for scope changes. • This additional appropriation represents a 3.1 % increase in the project budget. • Keeping the glass at the gable ends of the building will, however, improve the visibility of the space and allow the aesthetic value of the bow string trusses to be more fully appreciated from the street level. • Funds are available for the garage project savings to cover this increase in cost to the Pavilion project. • The sense of urgency in deciding this issue quickly relates to the timing of our ability to cancel the glass procurement. The general contractor has stated that we need to cancel the glass procurement by September 17, 2003, in order to receive the credit. CONCLUSION The value of being able to see more fully the interior of the building from the street level at both Logan and Burnett is more important than reducing the scope of the project to keep the effort within the budget. There are funds available from the garage project to cover the additional requirement. Pavilion Project Budget Construction Contract Change Orders Project Costs design fees CO #1 CO #2 permits testing contingency PROJECT TOTAL Funds Appropriated $2,242,077.91 $190,107.90 $127,500.00 $19,000.00 $35,000.00 $15,266.94 $7,440.00 $0.00 (See next sheet for details) $2,636,392.75 Includes the glass at the gable ends of the building $2,592,112.87 Shortfall-$44,279.88 PROJECT TOTAL WITH GLASS AT THE GABLE ENDS REMOVED FROM PROJECT: Funds remaining $5,720.12 $2,586,392.75 CHANGE ORDER LOG Description Cost Builders risk insurance $8,061 Roof sheathing $19,423 Credit (PR#3) ($618) Subsurface Concrete $8,830 Sprinkler density and dry system $29,503 Sack & patch spandrels $10,908 PR # 7 change details OVHD's $23,511 PR #6 add louvers $1,713 Potelco transformer $13,316 Transformer hookup $33,613 Week time delay $6,033 Purlin Repair $342 Gable ends re-inforcement $17,824 Deduct frittered glazing ($2,211) PR # 5 add height to door $4,307 PR # 4 revision to DN room $5,971 Future conduits for tenants $1,583 Sub strata finishing $8,000 TOTAL $190,108 RECEIVED 6 E P 11 2003 CITY OF RENTON ECONOMIC DEVELOPMENT, MOWCV@N GIL NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: September 11, 2003 CITY OF RENTON TO: Kathy Keolker-Wheeler, Council resident S EP 1 1 2003 Members of the Council. RECEIVED CITY CLERK'S OFFICE VIA: Jesse Tanner, Ma orf FROM: Alex Pietsch, Administrator STAFF CONTACT: Rebecca Lind, Planning Manager, x-6588 SUBJECT: Hendrickson Annexation: Development Potential in King County and Mobile Home Relocation Assistance At the City Council meeting of September 8, 2003, Council inquired as to whether the owners of the Fir Grove Park mobile home park could develop under the current King County R-48 zoning on the site and whether there are provisions in state law providing for mobile home relocation assistance for mobile home residents who are displaced if the park closes. The applicant cannot develop their property at this time for a number of reasons. First, under the County's transportation concurrency current "level of service status" the site and most of the East Renton Plateau is designated "Over Threshold. " The applicant does not have a vested transportation concurrency certificate for this property. However, King County is in the process of revising its concurrency model and may remove the "Over Threshold" designation after completing their analysis. The Soos Creek area was recently removed from the "Over Threshold" status as a result of a similar study. Second, King County Code prohibits new development on septic within the Urban Growth Area boundary. Sewer service is therefore, required, and Renton is the designated sewer provider. Current City Code does not allow extension of sewer service outside the City limits. Some sewer availability certificates were previously issued by the City before the Code was amended to include the current restriction. However, this site does not have a certificate, and, therefore, could not develop. Third, when sewer service is provided by the City, it is required by City policy to support the land use in the adopted Renton Comprehensive Plan. The County's R-48 zoning designation is not compatible with the City's existing Residential Single -Family and Residential Rural Comprehensive Plan designations for this property. Regarding relocation assistance for displaced mobile home residents, RCW 59.21.010, the Washington State Mobile Home Tenants Relocation Act, effective January 1 St of this year, provides for relocation assistance to tenants residing in mobile home parks that become closed. Funds are available on a first come, first -serve basis with priority given to those parks that close as a result of park -owner fraud or as a result of health and safety concerns. Eligibility for relocation assistance funds is limited to low-income households, which are defined as a family, person, or unrelated persons living together whose combined income is less than 80 percent of the County's median income. Persons qualifying are entitled to reimbursement of actual relocation expenses up to H:\EDNSP\PAA\Annexations\Hendrickson\Council Memo, 9-09-03.doc\jw $7,000 for a double -wide home and up to $3,500 for a single -wide mobile home. Funds received from the Mobile Home Park Relocation Fund can only be used for relocation assistance expenses or other mobile/manufactured home ownership expenses, such as the purchase of new mobile home if their existing home is not relocated. The Act also requires that notice be given to all mobile home tenants 12 months, or longer, before closure. cc: City Clerk Referral # 03033-C Greg Zimmerman, PBPW Administrator Larry Warren, City Attomey H:\EDNSP\PAA\Annexations\Hendrickson\Council Memo, 9-09-03.doc\jw Manufactured/Mobile Home Landlord -Tenant Act (M/MHLTA) Chapter 59.20 Revised Code of Washington Compiled by the Office of Manufactured Housing OFFICE OF • LOPM NT Once Of Community Development Housing Division Office of Manufactured Housing 906 Columbia Street SW PO Box 48350 Olympia, Washington 98504-8350 2002 Ed. (360) 725-2971 1-800-964-0852 (Toll -free within Washington) FAX 360 586-5880 OFFICE OF MANUFACTURED HOUSING The following resources are available through the Office of Manufactured Housing: • Assistance with solving problems within manufactured housing communities. • A consumer complaints program regarding structural and product defects in manufactured homes. • Technical assistance for resident organizations interested in purchasing their park communities. • Reports and studies related to manufactured housing. • A manufactured home installation training and certification program. • Financial assistance to homeowners required to relocate their homes due to community closures. • State and federal legislation, rules, and regulations. Call for additional information: Office of Manufactured Housing 24-hour automated services request line 1-800-964-0852 (Toll -free within Washington) (360) 725-2971 S:\Hip\omh\-ombuds\brochures\M-5920 Cover.doc Chapter 59.20 RCW MANUFACTURED/MOBILE HOME LANDLORD -TENANT ACT (Formerly: Mobile Home Landlord -Tenant Act) Sections 59.20.010 Short title. 59.20.020 Rights and remedies —Obligation of good faith required. 59.20.030 Definitions. 59.20.040 Chapter applies to rental agreements regarding mobile home lots, cooperatives, or subdivisions —Applicability of and construction with provisions of chapters 59.12 and 59.18 RCW. 59.20.045 Enforceability of rules against a tenant. 59.20.050 Written rental agreement for term of one year or more re- quired —Waiver —Exceptions —Application of section. 59.20.060 Rental agreements —Required contents —Prohibited provi- sions. 59.20.070 Prohibited acts by landlord. 59.20.073 Transfer of rental agreements. 59.20.074 Rent —Liability of secured party with right to possession. 59.20.075 Presumption of reprisal or retaliatory action. 59.20.080 Grounds for termination of tenancy or occupancy or failure to renew a tenancy or occupancy —Notice —Mediation. 59.20.090 Term of rental agreements—Renewal—Nonrenewal— Termination—Notices. 59.20.100 Improvements. 59.20.110 Attorney's fees and costs. 59.20.120 Venue. 59.20.130 Duties of landlord. 59.20.135 Maintenance of permanent structures —Findings and declara- tions —Definition. 59.20.140 Duties of tenant. 59.20.145 Live-in care provider —Not a tenant —Agreements —Guest fee. 59.20.150 Service of notice on landlord or tenant. 59.20.155 Seizure of illegal drugs —Notification of landlord. 59.20.160 Moneys paid as deposit or security for performance by tenant —Written rental agreement to specify terms and conditions for retention by landlord. 59.20.170 Moneys paid as deposit or security for performance by tenant —Deposit by landlord in trust account —Receipt — Claims. 59.20.180 Moneys paid as deposit or security for performance by tenant —Statement and notice of basis for retention. 59.20.190 Health and sanitation standards —Penalties. 59.20.200 Landlord —Failure to carry out duties —Notice from tenant — Time limits for landlord's remedial action. 59.20.210 Landlord —Failure to carry out duties —Repairs effected by tenant —Bids —Notice —Deduction of cost from rent — Limitations. 59.20.220 Landlord —Failure to carry out duties —Judgment by court or arbitrator for diminished rental value and repair costs —Enforcement of judgment —Reduction in rent. 59.20.230 Defective condition —Unfeasible to remedy defect — Termination of tenancy_ 59.20.240 Payment of rent condition to exercising remedies. 59.20.250 Mediation of disputes by independent third party. 59.20.260 Arbitration —Authorized —Selection of arbitrator — Procedure. 59.20.270 Arbitration —Application —Hearings —Decisions. 59.20.280 Arbitration —Fee. 59.20.290 Arbitration —Completion of arbitration after giving notice. 59.20.900 Severability-1977 ex.s. c 279. 59.20.901 Effective date-1999 c 359. Office of mobile home affairs: Chapter 59.22 RCW. Smoke detection devices required in dwelling units: RCW 4&4&140. RCW 59.20.010 Short title. This chapter shall be known and may be cited as the "Manufactured/Mobile Home Landlord -Tenant Act". [1999 c 359 § 1; 1977 ex.s. c 279 § 1.] RCW 59.20.020 Rights and remedies —Obligation of good faith required. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. [1977 ex.s. c 279 § 2.] RCW 59.20.030 Definitions. For purposes of this chapter: (1) "Abandoned" as it relates to a mobile home, manu- factured home, or park model owned by a tenant in a mobile home park, mobile home park cooperative, or mobile home park subdivision or tenancy in a mobile home lot means the tenant has defaulted in rent and by absence and by words or actions reasonably indicates the intention not to continue tenancy; (2) "Landlord" means the owner of a mobile home park and includes the agents of a landlord; (3) "Manufactured home" means a single-family dwelling built according to the United States department of housing and urban development manufactured home con- struction and safety standards act, which is a national preemptive building code. A manufactured home also: (a) Includes plumbing, heating, air conditioning, and electrical systems; (b) is built on a permanent chassis; and (c) can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported, or when installed on the site is three hundred twenty square feet or greater; (4) "Mobile home" means a factory -built dwelling built prior to June 15, 1976, to standards other than the United States department of housing and urban development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduc- tion of the United States department of housing and urban development manufactured home construction and safety act; (5) "Mobile home lot" means a portion of a mobile home park or manufactured housing community designated as the location of one mobile home, manufactured home, or park model and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that mobile home, manufactured home, or park model;. (2002) [Ch. 59.20—p. 11 59.20.030 Manufactured/Mobile Home Landlord -Tenant Act (6) "Mobile home park" or "manufactured housing community" means any real property which is rented or held out for rent to others for the placement of two or more mobile homes[,] manufactured homes, or park models for the primary purpose of production of income, except where such real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy; (7) "Mobile home park cooperative" or "manufactured housing cooperative" means real property consisting of common areas and two or more lots held out for placement of mobile homes, manufactured homes, or park models in which both the individual lots and the common areas are owned by an association of shareholders which leases or otherwise extends the right to occupy individual lots to its own members; (8) "Mobile home park subdivision" or "manufactured housing subdivision" means real property, whether it is called a subdivision, condominium, or planned unit develop- ment, consisting of common areas and two or more lots held for placement of mobile homes, manufactured homes, or park models in which there is private ownership of the individual lots and common, undivided ownership of the common areas by owners of the individual lots; (9) 'Park model" means a recreational vehicle intended for permanent or semi -permanent installation and habitation; (10) 'Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot; (11) "Tenant" means any person, except a transient, who rents a mobile home lot; (12) "Transient" means a person who rents a mobile home lot for a period of less than one month for purposes other than as a primary residence; (13) "Occupant" means any person, including a live-in care provider, other than a tenant, who occupies a mobile home, manufactured home, or park model and mobile home lot. [1999 c 359 § 2; 1998 c 118 § 1; 1993 c 66 § 15; 1981 c 304 § 4; 1980 c 152 § 3; 1979 ex.s. c 186 § 1; 1977 ex.s. c 279 § 3.] Severability-1981 c 304: See note following RCW 26.16.030. Severability-1979 ex.s. c 186: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 186 § 30.] RCW 59.20.040 Chapter applies to rental agree- ments regarding mobile home lots, cooperatives, or subdivisions —Applicability of and construction with provisions of chapters 59.12 and 59.18 RCW. This chapter shall regulate and determine legal rights, remedies, and obligations arising from any rental agreement between a landlord and a tenant regarding a mobile home lot and including specified amenities within the mobile home park, mobile home park cooperative, or mobile home park subdivision, where the tenant has no ownership interest in the property or in the association which owns the property, whose uses are referred to as a part of the rent structure paid by the tenant. All such rental agreements shall be unen- forceable to the extent of any conflict with any provision of this chapter. Chapter 59.12 RCW shall be applicable only in implementation of the provisions of this chapter and not as an alternative remedy to this chapter which shall be exclusive where applicable: PROVIDED, That the provision of RCW 59.12.090, 59.12.100, and 59.12.170 shall not apply to any rental agreement included under the provisions of this chapter. RCW 59.18.055 and 59.18.370 through 59.18.410 shall be applicable to any action of forcible entry or detainer or unlawful detainer arising from a tenancy under the provisions of this chapter, except when a mobile home, manufactured home, or park model or a tenancy in a mobile home lot is abandoned. Rentals of mobile homes, manufac- tured homes, or park models themselves are govemed by the Residential Landlord -Tenant Act, chapter 59.18 RCW. [1999 c 359 § 3; 1997 c 86 § 2; 1981 c 304 § 5; 1979 ex.s. c 186 § 2; 1977 ex.s. c 279 § 4.] Severability-1981 c 304: See note following RCW 26.16.030. Severability-1979 ex.s. c 186: See note following RCW 59.20.030. RCW 59.20.045 Enforceability of rules against a tenant. Rules are enforceable against a tenant only if: (1) Their purpose is to promote the convenience, health, safety, or welfare of the residents, protect and preserve the premises from abusive use, or make a fair distribution of services and facilities made available for the tenants general- ly; (2) They are reasonably related to the purpose for which they are adopted; (3) They apply to all tenants in a fair manner; (4) They are not for the purpose of evading an obliga- tion of the landlord; and (5) They are not retaliatory or discriminatory in nature. [1993 c 66 § 18.] RCW 59.20.050 Written rental agreement for term of one year or more required —Waiver —Exceptions — Application of section. (1) No landlord may offer a mobile home lot for rent to anyone without offering a written rental agreement for a term of one year or more. No landlord may offer to anyone any rental agreement for a term of one year or more for which the monthly rental is greater, or the terms of payment or other material conditions more burdensome to the tenant, than any month -to -month rental agreement also offered to such tenant or prospective tenant. Anyone who desires to occupy a mobile home lot for other than a term of one year or more may have the option to be on a month -to - month basis but must waive, in writing, the right to such one year or more term: PROVIDED, That annually, at any anniversary date of the tenancy the tenant may require that the landlord provide a written rental agreement for a term of one year. No landlord shall allow a mobile home, manufac- tured home, or park model to be moved into a mobile home park in this state until a written rental agreement has been signed by and is in the possession of the parties: PROVID- ED, That if the landlord allows the tenant to move a mobile home, manufactured home, or park model into a mobile home park without obtaining a written rental agreement for a term of one year or more, or a written waiver of the right to a one-year term or more, the term of the tenancy shall be [Ch. 59.20—p. 21 (2002) Manufactured/Mobile Home Landlord -Tenant Act 59.20.050 deemed to be for one year from the date of occupancy of the mobile home lot; (2) The requirements of subsection (1) of this section shall not apply if: (a) The mobile home park or part thereof has been acquired or is under imminent threat of condemnation for a public works project, or (b) An employer -employee relationship exists between a landlord and tenant; (3) The provisions of this section shall apply to any tenancy upon expiration of the term of any oral or written rental agreement governing such tenancy. [1999 c 359 § 4; 1981 c 304 § 37; 1980 c 152 § 4; 1979 ex.s. c 186 § 3; 1977 ex.s. c 279 § 5.] Severability-1981 c 304: See note following RCW 26.16.030. Severability-1979 ex.s. c 186: See note following RCW 59.20.030. RCW 59.20.060 Rental agreements —Required contents —Prohibited provisions. (1) Any mobile home space tenancy regardless of the term, shall be based upon a written rental agreement, signed by the parties, which shall contain: (a) The terms for the payment of rent, including time and place, and any additional charges to be paid by the tenant. Additional charges that occur less frequently than monthly shall be itemized in a billing to the tenant; (b) Reasonable rules for guest parking which shall be clearly stated; (c) The rules and regulations of the park; (d) The name and address of the person who is the landlord, and if such person does not reside in the state there shall also be designated by name and address a person who resides in the county where the mobile home park is located who is authorized to act as agent for the purposes of service of notices and process. If no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered the agent; (e) The name and address of any party who has a secured interest in the mobile home, manufactured home, or park model; (f) A forwarding address of the tenant or the name and address of a person who would likely know the whereabouts of the tenant in the event of an emergency or an abandon- ment of the mobile home, manufactured home, or park model; (g)(i) A covenant by the landlord that, except for acts or events beyond the control of the landlord, the mobile home park will not be converted to a land use that will prevent the space that is the subject of the lease from continuing to be used for its intended use for a period of three years after the beginning of the term of the rental agreement; (ii) A rental agreement may, in the alternative, contain a statement that the park may be sold or otherwise trans- ferred at any time with the result that subsequent owners may close the mobile home park, or that the landlord may close the park at any time after the required notice. The covenant or statement required by this subsection must appear in print that is larger than the other text of the lease and must be set off by means of a box, blank space, or comparable visual device; The requirements of this subsection shall apply to tenancies initiated after April 28, 1989. (h) The terms and conditions under which any deposit or portion thereof may be withheld by the landlord upon termination of the rental agreement if any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a rental agree- ment; (i) A listing of the utilities, services, and facilities which will be available to the tenant during the tenancy and the nature of the fees, if any, to be charged; 0) A description of the boundaries of a mobile home space sufficient to inform the tenant of the exact location of the tenant's space in relation to other tenants' spaces; (k) A statement of the current zoning of the land on which the mobile home park is located; and (1) A statement of the expiration date of any conditional use, temporary use, or other land use permit subject to a fixed expiration date that is necessary for the continued use of the land as a mobile home park. (2) Any rental agreement executed between the landlord and tenant shall not contain any provision: (a) Which allows the landlord to charge a fee for guest parking unless a violation of the rules for guest parking occurs: PROVIDED, That a fee may be charged for guest parking which covers an extended period of time as defined in the rental agreement; (b) Which authorizes the towing or impounding of a vehicle except upon notice to the owner thereof or the tenant whose guest is the owner of the vehicle; (c) Which allows the landlord to alter the due date for rent payment or increase the rent: (i) During the term of the rental agreement if the term is less than one year, or (ii) more frequently than annually if the term is for one year or more: PROVIDED, That a rental agreement may include an escalation clause for a pro rata share of any increase in the mobile home park's real property taxes or utility assessments or charges, over the base taxes or utility assessments or charges of the year in which the rental agreement took effect, if the clause also provides for a pro rata reduction in rent or other charges in the event of a reduction in real property taxes or utility assessments or charges, below the base year: PROVIDED FURTHER, That a rental agreement for a term exceeding one year may provide for annual increases in rent in specified amounts or by. a formula specified in such agreement; (d) By which the tenant agrees to waive or forego rights or remedies under this chapter; (e) Allowing the landlord to charge an "entrance fee" or an "exit fee." However, an entrance fee may be charged as part of a continuing care contract as defined in RCW 70.38.025; (f) Which allows the landlord to charge a fee for guests: PROVIDED, That a landlord may establish rules charging for guests who remain on the premises for more than fifteen days in any sixty-day period; (g) By which the tenant agrees to waive or forego homestead rights provided by chapter 6.13 RCW. This subsection shall not prohibit such waiver after a default in rent so long as such waiver is in writing signed by the husband and wife or by an unmarried claimant and in consideration of the landlord's agreement not to terminate (2002) [Ch. 59.20—p. 31 59.20.060 Manufactured/Mobile Home Landlord -Tenant Act the tenancy for a period of time specified in the waiver if the landlord would be otherwise entitled to terminate the tenancy under this chapter; or (h) By which, at the time the rental agreement is entered into, the landlord and tenant agree to the selection of a particular arbitrator. [2002 c 63 § 1; 1999 c 359 § 5. Prior: 1990 c 174 § 1; 1990 c 169 § 1; 1989 c 201 § 9; 1984 c 58 § 1; 1981 c 304 § 18; 1979 ex.s. c 186 § 4; 1977 ex.s. c 279 § 6.] Severability-1984 c 58: See note following RCW 59.20.200. Severability-1981 c 304: See note following RCW 26.16.030. Severability-1979 ex.s. c 186: See note following RCW 59.20.030. RCW 59.20.070 Prohibited acts by landlord. A landlord shall not: (1) Deny any tenant the right to sell such tenant's mobile home, manufactured home, or park model within a park or require the removal of the mobile home, manufac- tured home, or park model from the park because of the sale thereof. Requirements for the transfer of the rental agree- ment are in RCW 59.20.073; (2) Restrict the tenant's freedom of choice in purchasing goods or services but may reserve the right to approve or disapprove any exterior structural improvements on a mobile home space: PROVIDED, That door-to-door solicitation in the mobile home park may be restricted in the rental agreement. Door-to-door solicitation does not include public officials or candidates for public office meeting or distribut- ing information to tenants in accordance with subsection (4) of this section; (3) Prohibit meetings by tenants of the mobile home park to discuss mobile home living and affairs, including political caucuses or forums for or speeches of public officials or candidates for public office, or meetings of organizations that represent the interest of tenants in the park, held in any of the park community or recreation halls if these halls are open for the use of the tenants, conducted at reasonable times and in an orderly manner on the premis- es, nor penalize any tenant for participation in such activi- ties; (4) Prohibit a public official or candidate for public office from meeting with or distributing information to tenants in their individual mobile homes, manufactured homes, or park models, nor penalize any tenant for partici- pating in these meetings or receiving this information; (5) Evict a tenant, terminate a rental agreement, decline to renew a rental agreement, increase rental or other tenant obligations, decrease services, or modify park rules in retaliation for any of the following actions on the part of a tenant taken in good faith: (a) Filing a complaint with any state, county, or munici- pal governmental authority relating to any alleged violation by the landlord of an applicable statute, regulation, or ordinance; (b) Requesting the landlord to comply with the provision of this chapter or other applicable statute, regulation, or ordinance of the state, county, or municipality; (c) Filing suit against the landlord for any reason; (d) Participation or membership in any homeowners association or group; (6) Charge to any tenant a utility fee in excess of actual utility costs or intentionally cause termination or interruption of any tenant's utility services, including water, heat, electricity, or gas, except when an interruption of a reason- able duration is required to make necessary repairs; (7) Remove or exclude a tenant from the premises unless this chapter is complied with or the exclusion or removal is under an appropriate court order; or (8) Prevent the entry or require the removal of a mobile home, manufactured home, or park model for the sole reason that the mobile home has reached a certain age. Nothing in this subsection shall limit a landlords' right to exclude or expel a mobile home, manufactured home, or park model for any other reason, including but not limited to, fire and safety concerns provided such action conforms to chapter 59.20 RCW or any other statutory provision. [1999 c 359 § 6; 1993 c 66 § 16; 1987 c 253 § 1; 1984 c 58 § 2; 1981 c 304 § 19; 1980 c 152 § 5; 1979 ex.s. c 186 § 5; 1977 ex.s. c 279 § 7.] Severability-1984 c 58: See note following RCW 59.20.200, Severability-1981 c 304: See note following RCW 26.16.030. Severability-1979 ex.s. c 186: See note following RCW 59.20.030. RCW 59.20.073 Transfer of rental agreements. (1) Any rental agreement shall be assignable by the tenant to any person to whom he or she sells or transfers title to the mobile home, manufactured home, or park model. (2) A tenant who sells a mobile home, manufactured home, or park model within a park shall notify the landlord in writing of the date of the intended sale and transfer of the rental agreement at least fifteen days in advance of such intended transfer and shall notify the buyer in writing of the provisions of this section. The tenant shall verify in writing to the landlord payment of all taxes, rent, and reasonable expenses due on the mobile home, manufactured home, or park model and mobile home lot. (3) The landlord shall notify the selling tenant, in writing, of a refusal to permit transfer of the rental agree- ment at least seven days in advance of such intended transfer. (4) The landlord may require the mobile home, manu- factured home, or park model to meet applicable fire and safety standards. (5) The landlord shall approve or disapprove of the assignment of a rental agreement on the same basis that the landlord approves or disapproves of any new tenant, and any disapproval shall be in writing. Consent to an assignment shall not be unreasonably withheld. (6) Failure to notify the landlord in writing, as required under subsection (2) of this section; or failure of the new tenant to make a good faith attempt to arrange an interview with the landlord to discuss assignment of the rental agree- ment; or failure of the current or new tenant to obtain written approval of the landlord for assignment of the rental agreement, shall be grounds for disapproval of such transfer. [1999 c 359 § 7; 1993 c 66 § 17; 1981 c 304 § 20.] Severability-1981 c 304: See note following RCW 26.16.030. RCW 59.20.074 Rent —Liability of secured party with right to possession. (1) A secured party who has a security interest in a mobile home, manufactured home, or [Ch. 59.20—p. 41 (2002) Manufactured/Mobile Home Landlord -Tenant Act 59.20.074 park model that is located within a mobile home park and who has a right to possession of the mobile home, manufac- tured home, or park model under *RCW 62A.9-503, shall be liable to the landlord from the date the secured party receives written notice by certified mail, return receipt requested, for rent for occupancy of the mobile home space under the same terms the tenant was paying prior to repos- session, and any other reasonable expenses incurred after the receipt of the notice, until disposition of the mobile home, manufactured home, or park model under *RCW 62A.9-504. The notice of default by a tenant must state the amount of rent and the amount and nature of any reasonable expenses that the secured party is liable for payment to the landlord. The notice must also state that the secured party will be provided a copy of the rental agreement previously signed by the tenant and the landlord upon request. (2) This section shall not affect the availability of a landlord's lien as provided in chapter 60.72 RCW. (3) As used in this section, "security interest" shall have the same meaning as this term is defined in RCW 62A.1- 201, and "secured party" shall have the same meaning as this term is defined in *RCW 62A.9-105. (4) For purposes of this section, "reasonable expenses" means any routine maintenance and utility charges for which the tenant is liable under the rental agreement. (5) Any rent or other reasonable expenses owed by the secured party to the landlord pursuant to this section shall be paid to the landlord prior to the removal of the mobile home, manufactured home, or park model from the mobile home park. (6) If a secured party who has a secured interest in a mobile home, manufactured home, or park model that is located in a mobile home park becomes liable to the landlord pursuant to this section, then the relationship between the secured party and the landlord shall be governed by the rental agreement previously signed by the tenant and the landlord unless otherwise agreed, except that the term of the rental agreement shall convert to a month -to -month tenancy. No waiver is required to convert the rental agreement to a month -to -month tenancy. Either the landlord or the secured party may terminate the month -to -month tenancy upon giving written notice of thirty days or more. The secured party and the landlord are not required to execute a new rental agreement. Nothing in this section shall be construed to be a waiver of any rights by the tenant. [1999 c 359 § 8; 1990 c 169 § 2; 1985 c 78 § 1.] *Reviser's note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW. RCW 59.20.075 Presumption of reprisal or retalia- tory action. Initiation by the landlord of any action listed in RCW 59.20.070(5) within one hundred twenty days after a good faith and lawful act by the tenant or within one hundred twenty days after any inspection or proceeding of a governmental agency resulting from such act, shall create a rebuttable presumption affecting the burden of proof, that the action is a reprisal or retaliatory action against the tenant: PROVIDED, That if the court finds that the tenant made a complaint or report to a governmental authority within one hundred twenty days after notice of a proposed increase in rent or other action in good faith by the landlord, there is a rebuttable presumption that the complaint or report was not made in good faith: PROVIDED FURTHER, That no presumption against the landlord shall arise under this section, with respect to an increase in rent, if the landlord, in a notice to the tenant of increase in rent, specifies reasonable grounds for said increase, which grounds may include a substantial increase in market value due to remedi- al action under this chapter. [1999 c 359 § 9; 1984 c 58 § 3; 1980 c 152 § 6.] Severability-1984 c 58: See note following RCW 59.20.200. RCW 59.20.080 Grounds for termination of tenancy or occupancy or failure to renew a tenancy or occupan- cy —Notice —Mediation. (1) A landlord shall not terminate or fail to renew a tenancy of a tenant or the occupancy of an occupant, of whatever duration except for one or more of the following reasons: (a) Substantial violation, or repeated or periodic viola- tions of the rules of the mobile home park as established by the landlord at the inception of the tenancy or as assumed subsequently with the consent of the tenant or for violation of the tenant's duties as provided in RCW 59.20.140. The tenant shall be given written notice to cease the rule viola- tion immediately. The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days: PROVIDED, That for a periodic violation the notice shall also specify that repetition of the same violation shall result in termination: PROVIDED FURTHER, That in the case of a violation of a "material change" in park rules with respect to pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice under this chapter of a six month period in which to comply or vacate; (b) Nonpayment of rent or other charges specified in the rental agreement, upon five days written notice to pay rent and/or other charges or to vacate; (c) Conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park tenants. The tenant shall be given written notice of a fifteen day period in which to vacate; (d) Failure of the tenant to comply with local ordinances and state laws and regulations relating to mobile homes, manufactured homes, or park models or mobile home, manufactured homes, or park model living within a reason- able time after the tenant's receipt of notice of such noncom- pliance from the appropriate governmental agency; (e) Change of land use of the mobile home park including, but not limited to, conversion to a use other than for mobile homes, manufactured homes, or park models or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision: PROVIDED, That the landlord shall give the tenants twelve months' notice in advance of the effective date of such change, except that for the period of six months following April 28, 1989, the landlord shall give the tenants eighteen months' notice in advance of the proposed effective date of such change; (f) Engaging in "criminal activity." "Criminal activity" means a criminal act defined by statute or ordinance that (2002) [Ch. 59.20—p. 51 59.20.080 Manufactured/Mobile Home Landlord -Tenant Act threatens the health, safety, or welfare of the tenants. A park owner seeking to evict a tenant or occupant under this subsection need not produce evidence of a criminal convic- tion, eve_ n if the alleged misconduct constitutes_ a criminal offense. Notice from a law enforcement agency of criminal activity constitutes sufficient grounds, but not the only grounds, for an eviction under this subsection. Notification of the seizure of illegal drugs under RCW 59.20.155 is evidence of criminal activity and is grounds for an eviction under this subsection. The requirement that any tenant or occupant register as a sex offender under RCW 9A.44.130 is grounds for eviction under this subsection. If criminal activity is alleged to be a basis of termination, the park owner may proceed directly to an unlawful detainer action; (g) The tenant's application for tenancy contained a material misstatement that induced the park owner to approve the tenant as a resident of the park, and the park owner discovers and acts upon the misstatement within one year of the time the resident began paying rent; (h) If the landlord serves a tenant three fifteen -day notices within a twelve-month period to comply or vacate for failure to comply with the material terms of the rental agreement or park rules. The applicable twelve-month period shall commence on the date of the first violation; (i) Failure of the tenant to comply with obligations imposed upon tenants by applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations, including chapter 59.20 RCW. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days; 0) The tenant engages in disorderly or substantially annoying conduct upon the park premises that results in the destruction of the rights of others to the peaceful enjoyment and use of the premises. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days; (k) The tenant creates a nuisance that materially affects the health, safety, and welfare of other park residents. The landlord shall give the tenant written notice to cease the conduct that constitutes a nuisance immediately. The notice must state that failure to cease the conduct will result in termination of the tenancy and that the tenant shall vacate the premises in five days; (1) Any other substantial just cause that materially affects the health, safety, and welfare of other park residents. The landlord shall give the tenant written notice to comply immediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days; or (m) Failure to pay rent by the due date provided for in the rental agreement three or more times in a twelve-month period, commencing with the date of the first violation, after service of a five-day notice to comply or vacate. (2) Within five days of a notice of eviction as required by subsection (1)(a) of this section, the landlord and tenant shall submit any dispute to mediation. The parties may agree in writing to mediation by an independent third party or through industry mediation procedures. If the parties cannot agree, then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in the mediation process in good faith for a period of ten days for an eviction under subsection (1)(a) of this section. It is a defense to an eviction under subsection (1)(a) of this section that a landlord did not participate in the mediation process in good faith. (3) Chapters 59.12 and 59.18 RCW govern the eviction of recreational vehicles from mobile home parks. [1999 c 359 § 10; 1998 c 118 § 2; 1993 c 66 § 19; 1989 c 201 § 12; 1988 c 150 § 5; 1984 c 58 § 4; 1981 c 304 § 21; 1979 ex.s. c 186 § 6; 1977 ex.s. c 279 § 8.] Legislative findings—Severability-1988 c 150: See notes following RCW 59.18.130. Severability-1984 c 58: See note following RCW 59.20.200. Severability-1981 c 304: See note following RCW 26.16.030. Severability-1979 ex s. c 186: See note following RCW 59.20.030. RCW 59.20.090 Term of rental agreements— Renewal—Nonrenewal—Termination—Notices. (1) Unless otherwise agreed rental agreements shall be for a term of one year. Any rental agreement of whatever duration shall be automatically renewed for the term of the original rental agreement, unless a different specified tern is agreed upon. (2) A landlord seeking to increase the rent upon expiration of the term of a rental agreement of any duration shall notify the tenant in writing three months prior to the effective date of any increase in rent. (3) A tenant shall notify the landlord in writing one month prior to the expiration of a rental agreement of an intention not to renew. (4)(a) The tenant may terminate the rental agreement upon thirty days written notice whenever a change in the location of the tenant's employment requires a change in his residence, and shall not be liable for rental following such termination unless after due diligence and reasonable effort the landlord is not able to rent the mobile home lot at a fair rental. If the landlord is not able to rent the lot, the tenant shall remain liable for the rental specified in the rental agreement until the lot is rented or the original term ends; (b) Any tenant who is a member of the armed forces may terminate a rental agreement with less than thirty days notice if he receives reassignment orders which do not allow greater notice. [1998 c 118 § 3; 1980 c 152 § 2; 1979 ex.s. c 186 § 7; 1977 ex.s. c 279 § 9.] Severability-1979 ex.s. c 186: See note following RCW 59.20.030. RCW 59.20.100 Improvements. Improvements, except a natural lawn, purchased and installed by a tenant on a mobile home lot shall remain the property of the tenant even though affixed to or in the ground and may be removed or disposed of by the tenant prior to the termination of the tenancy: PROVIDED, That a tenant shall leave the mobile home lot in substantially the same or better condition than upon taking possession. [1977 ex.s. c 279 § 10.) RCW 59.20.110 Attorney's fees and costs. In any action arising out of this chapter, the prevailing party shall be entitled to reasonable attorney's fees and costs. [1977 ex.s. c 279 § 11.] [Ch. 59.20—p. 61 (2002) Manufactured/Mobile Home Landlord -Tenant Act 59.20.120 RCW 59.20.120 Venue. Venue for any action arising under this chapter shall be in the district or superior court of the county in which the mobile home lot is located. [1977 ex.s. c 279 § 12.] RCW 59.20.130 Duties of landlord. It shall be the duty of the landlord to: (1) Comply with codes, statutes, ordinances, and administrative rules applicable to the mobile home park; (2) Maintain the common premises and prevent the accumulation of stagnant water and to prevent the detrimen- tal effects of moving water when such condition is not the fault of the tenant; (3) Keep any shared or common premises reasonably clean, sanitary, and safe from defects to reduce the hazards of fire or accident; (4) Keep all common premises of the mobile home park, and vacant mobile home lots, not in the possession of tenants, free of weeds or plant growth noxious and detrimen- tal to the health of the tenants and free from potentially injurious or unsightly objects and condition; (5) Exterminate or make a reasonable effort to extermi- nate rodents, vermin, or other pests dangerous to the health and safety of the tenant whenever infestation exists on the common premises or whenever infestation occurs in the interior of a mobile home, manufactured home, or park model as a result of infestation existing on the common premises; (6) Maintain and protect all utilities provided to the mobile home, manufactured home, or park model in good working condition. Maintenance responsibility shall be determined at that point where the normal mobile home, manufactured home, or park model utilities "hook-ups" connect to those provided by the landlord or utility company; (7) Respect the privacy of the tenants and shall have no right of entry to a mobile home, manufactured home, or park model without the prior written consent of the occupant, except in case of emergency or when the occupant has abandoned the mobile home, manufactured home, or park model. Such consent may be revoked in writing by the occupant at any time. The ownership or management shall have a right of entry upon the land upon which a mobile home, manufactured home, or park model is situated for maintenance of utilities, to insure compliance with applicable codes, statutes, ordinances, administrative rules, and the rental agreement and the rules of the park, and protection of the mobile home park at any reasonable time or in an emergency, but not in a manner or at a time which would interfere with the occupant's quiet enjoyment. The owner- ship or management shall make a reasonable effort to notify the tenant of their intention of entry upon the land which a mobile home, manufactured home, or park model is located prior to entry; (8) Allow tenants freedom of choice in the purchase of goods and services, and not unreasonably restrict access to the mobile home park for such purposes; (9) Maintain roads within the mobile home park in good condition; and (10) Notify each tenant within five days after a petition has been filed by the landlord for a change in the zoning of the land where the mobile home park is located and make a description of the change available to the tenant. A landlord shall not have a duty to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, if the defective condition complained of was caused by the conduct of the tenant, the tenant's family, invitee, or other person acting under the tenant's control, or if a tenant unreasonably fails to allow the landlord access to the property for purposes of repair. [1999 c 359 § 11; 1993 c 66 § 20; 1984 c 58 § 5; 1979 ex.s. c 186 § 8.) SeverabWty-1984 c 58: See note following RCW 59.20.200, SeverabWty-1979 ex.s. c 186: See note following RCW 59.20.030. Smoke detection devices required in dwelling units: RCW 48.48.140. RCW 59.20.135 Maintenance of permanent struc- tures —Findings and declarations —Definition. (1) The legislature finds that some mobile home park owners transfer the responsibility for the upkeep of permanent structures within the mobile home park to the park tenants. This transfer sometimes occurs after the permanent structures have been allowed to deteriorate. Many mobile home parks consist entirely of senior citizens who do not have the financial resources or physical capability to make the necessary repairs to these structures once they have fallen into disrepair. The inability of the tenants to maintain permanent structures can lead to significant safety hazards to the tenants as well as to visitors to the mobile home park. The legislature therefore finds and declares that it is in the public interest and necessary for the public health and safety to prohibit mobile home park owners from transferring the duty to maintain permanent structures in mobile home parks to the tenants. (2) A mobile home park owner is prohibited from transferring responsibility for the maintenance or care of permanent structures within the mobile home park to the tenants of the park. A provision within a rental agreement or other document transferring responsibility for the mainte- nance or care of permanent structures within the mobile home park to the park tenants is void. (3) A "permanent structure" for purposes of this section includes the clubhouse, carports, storage sheds, or other permanent structure. A permanent structure does not include structures built or affixed by a tenant. A permanent struc- ture includes only those structures that were provided as amenities to the park tenants. (4) Nothing in this section shall be construed to prohibit a park owner from requiring a tenant to maintain his or her mobile home, manufactured home, or park model or yard. Nothing in this section shall be construed to prohibit a park owner from transferring responsibility for the maintenance or care of permanent structures within the mobile home park to an organization of park tenants or to an individual park tenant when requested by the tenant organization or individu- al tenant. [1999 c 359 § 12; 1994 c 30 § 1.] Effective date-1994 c 30: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 21, 1994]." [1994 c 30 § 2.] RCW 59.20.140 Duties of tenant. It shall be the duty of the tenant to pay the rental amount at such times and (2002) [Ch. 59.20—p. 71 59.20.140 Manufactured/Mobile Home Landlord -Tenant Act in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obliga- tions imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances and regulations, and in addition the tenant shall: (1) Keep the mobile home lot which he occupies and uses as clean and sanitary as the conditions of the premises permit; (2) Properly dispose of all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant on the tenant's leased premises; (3) Not intentionally or negligently destroy, deface, damage, impair, or remove any facilities, equipment, furniture, furnishings, fixtures or appliances provided by the landlord, or permit any member of his family, invitee, or licensee, or any person acting under his control to do so; (4) Not permit a nuisance or common waste; and (5) Not engage in drug -related activities as defined in RCW 59.20.080. [1988 c 150 § 6; 1979 ex.s. c 186 § 9.) Legislative findings—Severability-1988 c 150: See notes following- RCW 59.18.130. Severability-1979 exs. c 186: See note following RCW 59.20.030. RCW 59.20.145 Live-in care provider —Not a tenant —Agreements —Guest fee. A tenant in a mobile home park may share his or her mobile home, manufactured home, or park model with any person over eighteen years of age, if that person is providing live-in home health care or live-in hospice care to the tenant under an approved plan of treatment ordered by the tenant's physician. The live-in care provider is not considered a tenant of the park and shall have no rights of tenancy in the park. Any agreement between the tenant and the live-in care provider does not change the terms and conditions of the rental agreement between the landlord and the tenant. The live-in care provider shall comply with the rules of the mobile home park, the rental agreement, and this chapter. The landlord may not charge a guest fee for the live-in care provider. [1999 c 359 § 13; 1993 c 152 § 1.) RCW 59.20.150 Service of notice on landlord or tenant. (1) Any notice required by this chapter to be given to a tenant shall be served on behalf of the landlord: (a) By delivering a copy personally to the tenant; or (b) if the tenant is absent from the mobile home, manufactured home, or park model by affixing a copy of the notice in a conspicuous place on the mobile home, manufactured home, or park model and also sending a copy through the mail addressed to the tenant at the tenant's last known address. (2) Any notice required by this chapter to be given to the landlord shall be served by the tenant in the same manner as provided for in subsection (1) of this section, or by mail to the landlord at such place as shall be expressly provided in the rental agreement. (3) The landlord shall state in any notice of eviction required by RCW 59.20.080(1) as now or hereafter amended the specific reason for eviction in a clear and concise manner. [1999 c 359 § 14; 1979 ex.s. c 186 § 10.] Severability-1979 ex.s. c 186: See note following RCW 59.20.030. RCW 59.20.155 Seizure of illegal drugs — Notification of landlord. Any law enforcement agency which seizes a legend drug pursuant to a violation of chapter 69.41 RCW, a controlled substance pursuant to a violation of chapter 69.50 RCW, or an imitation controlled substance pursuant to a violation of chapter 69.52 RCW, shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord in writing, at the last address listed in the property tax records and at any other address known to the law enforcement agency, of the seizure and the location of the seizure of the illegal drugs or substances. [1988 c 150 § 12.] Legislative fnding"everability-1988 c 150: See notes following RCW 59.18.130. RCW 59.20.160 Moneys paid as deposit or security for performance by tenant —Written rental agreement to specify terms and conditions for retention by landlord. If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a written rental agreement, such rental agree- ment shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the rental agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the mobile home space for which the tenant is responsible, the rental agreement shall so specify. It is unlawful to charge or collect a deposit or security for performance if the parties have not entered into a written rental agreement. (1984 c 58 § 17; 1979 ex.s. c 186 § 11.] Severability-1984 c 58: See note following RCW 59.20.200. Severability-1979 ex.s. c 186: See note following RCW 59.20.030. RCW 59.20.170 Moneys paid as deposit or security for performance by tenant —Deposit by landlord in trust account —Receipt —Claims. (1) All moneys paid to the landlord by the tenant as a deposit as security for perfor- mance of the tenant's obligations in a rental agreement shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a bank, savings and loan association, mutual savings bank, or licensed escrow agent located in Washington. Except as provided in subsection (2) of this section, unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits. The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof. If during a tenancy the status of landlord is trans- ferred to another, any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor landlord, and the successor landlord shall promptly notify the tenant of the transfer and of the name, address and location of the new depository. The tenant's claim to any moneys paid under this section shall be prior to that of any creditor of the landlord, including a trustee in bankruptcy or receiver, even if such moneys are commingled. (2) All moneys paid, in excess of two months' rent on the mobile home lot, to the landlord by the tenant as a (Ch. 59.20—p. 8] (2002) Manufactured/Mobile Home Landlord -Tenant Act 59.20.170 deposit as security for performance of the tenant's obliga- tions in a rental agreement shall be deposited into an interest -bearing trust account for the particular tenant. The interest accruing on the deposit in the account, minus fees charged to administer the account, shall be paid to the tenant on an annual basis. All other provisions of subsection (1) of this section shall apply to deposits under this subsection. [1999 c 359 § 15; 1979 ex.s. c 186 § 12.) Severability-1979 ex.s. c 186: See note following RCW 59.20.030. RCW 59.20.180 Moneys paid as deposit or security for performance by tenant —Statement and notice of basis for retention. Within fourteen days after the termina- tion of the rental agreement and vacation of the mobile home space, the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement. No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the mobile home space. The statement shall be delivered to the tenant personally or by mail to the last known address. If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above such landlord shall be liable to the tenant for the full amount of the refund due. Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of the tenant's damage or security deposit for damage to the property for which, the tenant is responsible. [1984 c 58 § 11; 1979 ex.s. c 186 § 13.1 Severability-1984 c 58: See note following RCW 59.20.200. Severability-1979 ex.s. c 186: See note following RCW 59.20.030. RCW 59.20.190 Health and sanitation standards — Penalties. The state board of health shall adopt rules on or before January 1, 1982, setting health and sanitation stan- dards for mobile home parks. Such rules shall be enforced by the city, county, city -county, or district health officer of the jurisdiction in which the mobile home park is located, upon notice of a violation to such health officer. Failure to remedy the violation after enforcement efforts are made may result in a fine being imposed on the park owner, or tenant as may be applicable, by the enforcing governmental body of up to one hundred dollars per day, depending on the degree of risk of injury or illness to persons in or around the park. [1988 c 126 § 1; 1981 c 304 § 22.) Severability-1981 c 304: See note following RCW 26.16.030. RCW 59.20.200 Landlord —Failure to carry out duties —Notice from tenant —Time limits for landlord's remedial action. If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.20.130, the tenant may, in addition to pursuit of remedies otherwise provided the tenant by law, deliver written notice to the landlord, which notice shall specify the property involved, the name of the owner, if known, and the nature of the defective condition. For the purposes of this chapter, a reasonable time for the landlord to commence remedial action after receipt of such notice by the tenant shall be, except where circumstances are beyond the landlord's control; (1) Not more than twenty-four hours, where the defec- tive condition is imminently hazardous to life; (2) Not more than forty-eight hours, where the landlord fails to provide water or heat; (3) Subject to the provisions of subsections (1) and (2) of this section, not more than seven days in the case of a repair under RCW 59.20.130(3); (4) Not more than thirty days in all other cases. In each instance the burden shall be on the landlord to see that remedial work under this section is completed with reasonable promptness. Where circumstances beyond the landlord's control, including the availability of financing, prevent the landlord from complying with the time limitations set forth in this section, the landlord shall endeavor to remedy the defective condition with all reasonable speed. [1984 c 58 § 6.) Severability-1984 c 58: "If any provision of this act or its application to any person or, circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." (1984 c 58 § 18.] RCW 59.20.210 Landlord —Failure to carry out duties —Repairs effected by tenant —Bids —Notice — Deduction of cost from rent —Limitations. (1) If at any time during the tenancy, the landlord fails to carry out any of the duties imposed by RCW 59.20.130, and notice of the defect is given to the landlord pursuant to RCW 59.20.200, the tenant may submit to the landlord or the landlord's designated agent by certified mail or in person at least two bids to perform the repairs necessary to correct the defective condition from licensed or registered persons, or if no licensing or registration requirement applies to the type of work to be performed, from responsible persons capable of performing such repairs. Such bids may be submitted to the landlord at the same time as notice is given pursuant to RCW 59.20.200. (2) If the landlord fails to commence repair of the defective condition within a reasonable time after receipt of notice from the tenant, the tenant may contract with the person submitting the lowest bid to make the repair, and upon the completion of the repair and an opportunity for inspection by the landlord or the landlord's designated agent, the tenant may deduct the cost of repair from the rent in an amount not to exceed the sum expressed in dollars represent- ing one month's rental of the tenant's mobile home space in any calendar year. When, however, the landlord is required to begin remedying the defective condition within thirty days under RCW 59.20.200, the tenant cannot contract for repairs for at least fifteen days following receipt of bids by the landlord. The total costs of repairs deducted by the tenant in any calendar year under this subsection shall not exceed the sum expressed in dollars representing one month's rental of the tenant's mobile home space. (3) Two or more tenants shall not collectively initiate remedies under this section. Remedial action under this section shall not be initiated for conditions in the design or construction existing in a mobile home park before June 7, 1984. (4) The provisions of this section shall not: (2002) [Ch. 59.20—p. 91 59.20.210 Manufactured/Mobile Home Landlord -Tenant Act (a) Create a relationship of employer and employee between landlord and tenant; or (b) Create liability under the worker's compensation act; or _ (c) Constitute the tenant as an agent of the landlord for the purposes of mechanics' and materialmen's liens under chapter 60.04 RCW. (5) Any repair work performed under this section shall comply with the requirements imposed by any applicable code, statute, ordinance, or rule. A landlord whose property is damaged because of repairs performed in a negligent manner may recover the actual damages in an action against the tenant. (6) Nothing in this section shall prevent the tenant from agreeing with the landlord to undertake the repairs in return for cash payment or a reasonable reduction in rent, the agreement to be between the parties, and this agreement does not alter the landlord's obligations under this chapter. [1999 c 359 § 16; 1984 c 58 § 8.1 Severability-1984 c 58: See note following RCW 59.20.200. RCW 59.20.220 Landlord —Failure to carry out duties —judgment by court or arbitrator for diminished rental value and repair costs —Enforcement of judg- ment —Reduction in rent. (1) If a court or an arbitrator determines that: (a) A landlord has failed to carry out a duty or duties imposed by RCW 59.20.130; and (b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord under RCW 59.20.200 or such other time as may be allotted by the court or arbitrator; the court or arbitrator may determine the diminution in rental value of the property due to the defective condition and shall render judgment against the landlord for the rent paid in excess of such diminished rental value from the time of notice of such defect to the time of decision and any costs of repair done pursuant to RCW 59.20.210 for which no deduction has been previously made. Such decisions may be enforced as other judgments at law and shall be available to the tenant as a set-off against any existing or subsequent claims of the landlord. The court or arbitrator may also authorize the tenant to contract to make further corrective repairs. The court or arbitrator shall specify a time period in which the landlord may make such repairs before the tenant may contract for such repairs. Such repairs shall not exceed the sum ex- pressed in dollars representing one month's rental of the tenant's mobile home space in any one calendar year. (2) The tenant shall not be obligated to pay rent in excess of the diminished rental value of the mobile home space until such defect or defects are corrected by the landlord or until the court or arbitrator determines otherwise. [1999 c 359 § 17; 1984 c 58 § 9.] Severability-1984 c 58: See note following RCW 59.20.200. RCW 59.20.230 Defective condition —Unfeasible to remedy defect —Termination of tenancy. If a court or arbitrator determines a defective condition as described in RCW 59.20.130 to be so substantial that it is unfeasible for the landlord to remedy the defect within the time allotted by RCW 59.20.200, and that the tenant should not remain on the mobile home space in its defective condition, the court or arbitrator may authorize the termination of the tenancy. The court or arbitrator shall set a reasonable time for the tenant to vacate the premises. _(1984 c 58 § 10.] Severability-1984 c 58: See note following RCW 59.20.200. RCW 59.20.240 Payment of rent condition to exercising remedies. The tenant shall be current in the payment of rent including all utilities which the tenant has agreed in the rental agreement to pay before exercising any of the remedies accorded the tenant under the provisions of this chapter: PROVIDED, That this section shall not be construed as limiting the tenant's civil remedies for negligent or intentional damages: PROVIDED FURTHER, That this section shall not be construed as limiting the tenant's right in an unlawful detainer proceeding to raise the defense that there is no rent due and owing. [1984 c 58 § 7.) Severability-1984 c 58: See note following RCW 59.20.200. RCW 59.20.250 Mediation of disputes by indepen- dent third party. The landlord and tenant may agree in writing to submit any dispute arising under this chapter or under the terms, conditions, or performance of the rental agreement to mediation by an independent third party or to settle the dispute through industry mediation procedures. The parties may agree to submit any dispute to mediation before exercising their right to arbitration under RCW 59.20.260. [1984 c 58 § 12.] Severability-1984 c 58: See note following RCW 59.20.200. RCW 59.20.260 Arbitration —Authorized —Selection of arbitrator —Procedure. (1) The landlord and tenant may agree in writing to submit a controversy arising under this chapter to arbitration. The agreement shall contain the name of the arbitrator agreed upon by the parties or the process for selecting the arbitrator. (2) The arbitration shall be administered under this chapter and chapter 7.04 RCW. [1984 c 58 § 13.] Severability-1984 c 58: See note following RCW 59.20.200. RCW 59.20.270 Arbitration —Application — Hearings —Decisions. (1) If the landlord and tenant agree to submit the matter to arbitration, the parties shall complete an application for arbitration and deliver it to the selected arbitrator. (2) The arbitrator shall schedule a hearing to be held no later than ten days following receipt of the application. (3) Reasonable notice of the hearings shall be given to the parties, who shall appear and be heard either in person, by counsel, or by other representative. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Hearings may be public or private. The proceedings may be recorded. Any oral or documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator may administer oaths, issue subpoenas, and require the attendance of witnesses and the production of books, papers, contracts, agreements, and documents deemed by the arbitrator to be material to a just determination of the issues in dispute. If a person refuses to obey a subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any [Ch. 59.20—p. 101 (2002) Manufactured/Mobile Home Landlord -Tenant Act contempt while in attendance at any hearing held under this section, the arbitrator may invoke the jurisdiction of any district or superior court, and the court shall have jurisdiction to issue an appropriate order. Failure to obey the order may be punished by the court as contempt. (4) Within five days after the hearing, the arbitrator shall make a written decision upon the issues presented. A copy of the decision shall be mailed by certified mail or otherwise delivered to the parties or their designated repre- sentatives. The decision of the arbitrator shall be final and binding upon all parties. (5) If a dispute exists affecting more than one tenant in a similar manner, the arbitrator may with the consent of the parties consolidate the cases into a single proceeding. (6) Decisions of the arbitrator shall be enforced or appealed under chapter 7.04 RCW. [1984 c 58 § 14.] Severability-1984 c 58: See note following RCW 59.20.200. RCW 59.20.280 Arbitration —Fee. The administra- tive fee for this arbitration procedure shall be established by agreement of the parties and the arbitrator and, unless otherwise allocated by the arbitrator, shall be shared equally by the parties. However, upon either party signing an affidavit to the effect that the party is unable to pay the share of the fee, that portion of the fee may be waived or deferred. [1984 c 58 § 15.) Severability-1984 c 58: See note following RCW 59.20.200. RCW 59.20.290 Arbitration —Completion of arbitration after giving notice. When a party gives notice of intent to arbitrate by giving reasonable notice to the other party, that party shall, at the same time, arrange for arbitra- tion of the grievance in the manner provided for in this chapter. The arbitration shall be completed before the rental due date next occurring after the giving of notice under this section, but in no event shall the arbitrator have less than ten days to complete the arbitration process. [1984 c 58 § 16.] Severability-1984 c 58: See note following RCW 59.20.200. RCW 59.20.900 Severability-1977 ex.s. c 279. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstanc- es is not affected. [1977 ex.s. c 279 § 13.] RCW 59.20.901 Effective date-1999 c 359. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999. [1999 c 359 § 21.] 59.20.270 (2002) [Ch. 59.20—p. 111 y C1 � ��' 0-0WNC1L Date-Wg FINANCE COMMITTEE COMMITTEE REPORT September 15, 2003 PLACE ON FIRST READING THE ORDINANCE TO REFUND APPROXIMATELY $8.1 MILLION IN WATER SEWER REVENUE BONDS FOR AN ANTICIPATED SAVINGS OVER THE NEXT TEN YEARS OF AT LEAST $500,000. (Referred September 8, 2003) The Finance Committee recommends adoption of. -the ordinance authorizes the sale of $8.1 Million in water sewer revenue bonds for :.the purpose � of refunding over $8.6 million in outstanding debt. The bonds will be;:sold `'this Thursday `and the final numbers will be presented on September 22, 2003 to.,the Finance Committee. The Committee further recommends that the: Ordinance regarding this matter be presented for King , Chair Don Persson, Member VAR/dlf cc: Victoria Runkle, Finance & IS Administrator Elaine Gregory, Fiscal Service Director Sylvia Doerschel; Finance Analyst Supervisor 2003 Water Sewer Refunding Bonds\ Rev 01/02 bh ,A7"` r E D 0y Q* 'y C5 W6NC1L I Data 3 COMMUNITY SERVICES COMMITTEE REPORT September 15, 2003 Golf Course Concessionaire Agreement with All My Restaurants, Inc. (Referred 9/8/03) The Community Services Committee recommends concurrence in the staff recommendation to execute a formal six (6) year lease and concession agreement with All My Restaurants, Inc., dba RiverRock Grill and Alehouse, located at `the Maplewood, -Golf Course. The City has the option at the end of the agreement"to renew,for'three (3) years The Committee further recommends that the Mayor and' City Clerk be authorized to execute this Lease Agreement. andy Corman, ember CC: Dennis Culp, Community Services Administrator Leslie Betlach, Parks Director Kelly Beymer, Golf Course Manager Ukbeymer/concess/GCconcessionaire.rpt\ Rev 01/02 bh COMMUNITY SERVICES COMMITTEE REPORT September 15, 2003 Library Board Appointment (September 8, 2003) cc: Dennis Culp Clark Petersen Sandy Pilat 'Alle"717-11R,OW70 BY CITY CGUNCIL Date ?-15'- a003 Library Brd appt 2003.doc\ Rev 01/02 bh CIT'V OF RIENTON gR City Clerk Jesse Tanner, Mayor Bonnie I. Walton September 16, 2003 Ms. Connie Sholdra 18.23 Morris Avenue S. Renton, WA 98055 Re: Appointment to the Library Board Dear Ms. Sholdra: At the regular Council meeting of September 15, 2003, the Renton City Council concurred in your appointment by Mayor Jesse Tanner to fill an unexpired five-year term on the Library Board to expire on June 1, 2007, replacing Catherine Corman who resigned. Congratulations on your appointment. Your service on the Board is sincerely appreciated and valued by City officials and staff. If I can provide additional information or assistance, please feel free to call. Sincerely, Bonnie I. Walton City Clerk/Cable Manager cc: Mayor Jesse Tanner Council President Kathy Keolker-Wheeler Sandy Pilat, Community Services Administrative Secretary Clark Petersen, Library Director Tami Dauenhauer, AJLS Dept. Secretary 1055 South Grady Way -Renton, Washington 98055 - (425) 430-6510 / FAX (425) 430-6516 ® This paper contains 50 % recycled material, 30 % post consumer iaENTON AHEAD OF THE CURVE Date —2L1,5--,?40,f COMMUNITY SERVICES COMMITTEE REPORT September 15, 2003 Approval of IKEA Performing Arts Center contract (Referred August 11, 2003) The Community Services. Committee concurs with staff and the Renton School District Board to approve the IKEA Performing Arts Center contract. C: Sylvia Allen Dennis Culp comm report - IPAC\ Rev 01/02 bh IF adlo&e 9 /5 aoo3 CITY OF RENTON, WASHINGTON RESOLUTION NO. 365� A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, KENT, RENTON, TUKWILA, KING COUNTY SHERIFF'S OFFICE, AND THE WASHINGTON STATE PATROL, FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM. WHEREAS, political subdivisions of the state are authorized by the Interlocal Cooperation Act, RCW 39.34, to enter into interlocal agreements; and WHEREAS, the Mutual Aid Peace Officers Powers Act, RCW 10.93, allows for the provision of mutual aid by and between law enforcement agencies; and WHEREAS, King County and the municipalities within the Puget Sound area have experienced increased drug abuse along with greater urbanization and population densities; and WHEREAS, the ability to address drug abuse and the crimes committed relating to the sale and abuse of drugs has stretched the resources of individual police department specialty units; and WHEREAS, multi jurisdictional efforts to handle specific and complicated narcotic investigations will result in more effective pooling of personnel funds, equipment, training, and expertise; and WHEREAS, the multi jurisdictional effort will improve services for the citizens of all participating jurisdictions, increasing safety for officers and the community, and provide improved cost effectiveness; and 1 RESOLUTION NO. WHEREAS, the municipalities of Auburn, Kent, Renton, and Tukwila, the King County Sheri$'s office, and the Washington State Patrol wish to form a multi jurisdictional effort known as the Valley Narcotics Enforcement Team; and WHEREAS, it is necessary to document the terms and conditions under which the Valley Narcotics Enforcement Team will operate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement for the creation of the Valley Narcotics Enforcement Team. PASSED BY THE CITY COUNCIL this day of , 2003. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1010:9/4/03:ma Bonnie I. Walton, City Clerk day of Jesse Tanner, Mayor 2003. N CITY OF RENTON, WASHINGTON RESOLUTION NO. U 59 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT BETWEEN THE RENTON SCHOOL DISTRICT AND THE CITY OF RENTON CONCERNING CITY USE OF THE IKEA PERFORMING ARTS CENTER. WHEREAS, the City of Renton contributed substantial funds to the completion of the IKEA Performing Arts Center; and WHEREAS, the Renton School District wishes to allow the City to have the use of the IKEA Performing Arts Center free of charge whenever deemed practicable by the School District; and WHEREAS, it is necessary to agree upon the terms and conditions by which the City can make use of the IKEA Performing Arts Center; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement entitled "Agreement Between Renton School District #403 and Renton Parks and Recreation Department, City of Renton," for the use of the Renton IKEA Performing Arts Center. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2003. Approved as to form: Lawrence J. Warren, City Attorney RES.1007:8/27/03:ma Jesse Tanner, Mayor 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTERS 4-2, 4-3, AND 4-4 OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" TO ALLOW URBAN STYLE MULTI- FAMILY HOUSING IN THE SUBURBAN CENTER OVERLAY DISTRICT WITHIN THE HIGHLANDS REDEVELOPMENT AREA. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN SECTION I. Subsection "Attached dwellings" in Section 4-2-060.C, Residential, of Chapter 2, "Zoning Districts — Uses and Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to change the tent in the CS cell from "P20" to "P73." SECTION II. Section 4-2-070X, "Center Suburban (CS)," of Chapter 2, "Zoning Districts — Uses and Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to change the text in the cell for "Attached dwelling" under "RESIDENTIAL" from "P #20" to "P #73." SECTION III. Section 4-2-080.A, "Conditions Associated With Zoning Use Tables," of Chapter 2, "Zoning Districts — Uses and Standards,"of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new subsection, 73, to read as follows: 73. a. Subject to the density limitations located in the development standards for this zone. Projects within the Suburban and Neighborhood Center Residential Bonus District, RMC 4-3-095.B.3, are also subject to the provisions and 1 ORDINANCE NO. development standards in RMC 4-3-095.0 and D, Suburban and Neighborhood Center Residential Bonus District. b. Within the Center Village (CV) Comprehensive Plan designation, attached dwelling unit developments in the range of 10 to 20 dwelling units per net acre may only be townhouse unit types. SECTION IV. The CN and CS zone cells of the "Maximum Density within Suburban and Neighborhood Residential Bonus District9" portion of Section 4-2-120.A of Chapter 2, "Zoning Districts — Uses And Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as shown in Attachment 1. SECTION V. The CS zone cell of "Minimum Onsite Landscape Width Along the Street Frontage Required When a Commercial Lot is Adjacent to Property Zoned Residential, RC, R-1, R-5, R-8, R-10, R-14, or FM' portion of Section 4-2-120.A of Chapter 2, "Zoning Districts — Uses and Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Attachment 2. SECTION VI. The CS zone cell of "Maximum Building Height, except for Public uses with a `Public Suffix' (P) designatioWo" portion of Section 4-2-120.A of Chapter 2, "Zoning Districts — Uses and Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Attachment 2.A. 2 ORDINANCE NO. SECTION VII. Sections 4-3-095.13.1, 2, and 3 of Chapter 3, "Environmental Regulations and Overlay Districts," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 4-3-095.13 APPLICABILITY: This section applies to all residential development and mixed commercial/residential development proposed within the following districts. 1. Centers Residential Bonus District A: That area depicted in subsections B.4.a and BA.b of this Section within one hundred fifty feet (150') of the public right -of- ways of Sunset Blvd. NE and NE 4th St. within the Suburban Center and Neighborhood Center Zoning Designations. 2. Centers Residential Bonus District B: That area depicted in subsections BA.a, and BA.b of this Section beginning one hundred fifty feet (150') from the public rights -of -way of Sunset Blvd. NE and NE 4th St. within the Suburban Center and Neighborhood Center Zoning Designations. 3. Centers Residential Bonus District C: That area depicted in subsection BA.c of this Section within the Suburban Center Zoning Designation. SECTION VIII. Section 4-3-095.B.4 of Chapter 3, "Environmental Regulations and Overlay Districts," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Attachment 3. SECTION IX. Sections 4-3-095.0 and D of Chapter 3, `Environmental Regulations and Overlay Districts," of Title IV (Development Regulations) of Ordinance No. M ORDINANCE NO. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as shown in Attachment 4. SECTION X. Section 4-3-095.E of Chapter 3, "Environmental Regulations and Overlay Districts," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: E. MODIFICATION PROCEDURE: To provide greater flexibility in meeting the purpose of the Centers Residential Bonus District, projects within Districts A and B that do not meet the special development standards of subsection D of this Section may be approved through a modification process when superior design is demonstrated. Except for projects within District C, application may be made for modification of these development standards pursuant to RMC 4-9-250.13 and the decision criteria stipulated in RMC 4-9-250.D.2. For a modification to be granted, applicants must comply with the design criteria in RMC 4-9-250.D.2 and D.3. Projects within District C must request a variance to deviate from these code provisions. SECTION XI. The "Attached dwellings (structured parking) in the CD, RM-U, and RM-T Zones:" and the "Attached dwellings (surface parking/private garage/carport parking) in CD,RM-U, and RM-T Zones:" portions of the Parking Use Table, in Section 4-4-080.F.10.e of Chapter 4, "City -Wide Property Development Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to consolidate the two rows and to read as shown in Attachment 5. SECTION XII. This Ordinance shall be effective upon its passage, approval, and five days after its publication. in ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2003. Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1041:9/5/03:ma Attachment 1 DENSITY (Net Density in Dwelling Units per Net Acre CN CS Maximum Density within District A (RMC 4-3-095134a District A (RMC 4-3-095134a Suburban and Neighborhood and b) and b) Residential Bonus District Up to 60 dwelling units per net Up to 60 dwelling units per net cre may be granted for cre may be granted for provision of: (a) mixed use provision of: (a) mixed use projects defined as a minimum projects defined as a minimum epth.of 30 feet of commercial depth of 30 feet of commercial use on the first floor of the use on the first floor of the primary structure facing the primary structure facing the rterial, and (b) parking rterial, and (b) parking enclosed under or enclosed Emclosed under or enclosed thin the first floor of the Nithin the first floor of the primary structure with either primary structure with either side or rear access. 3ide or rear access. District B (RMC 4-3-095134a District B (RMC 4-3-095134a nd b) and b) bonus for architectural A bonus for architectural innovation may be approved up innovation may be approved up o a total of 36 dwelling units per o a total of 36 dwelling units per net acre through the net acre through the modification process of RMC 4- modification process of RMC 4- -095E and the design criteria 95E and the design criteria f RMC 4-9-250D3. of RMC 4-9-250133. District C (RMC 4-3-095134c) Up to 80 dwelling units per net cre may be granted for provision of: (a) a minimum depth of 30 feet and a minimum length of 60 feet of commercial use on the first floor of the primary structure, and (b) parking enclosed under or nclosed within the first floor of he primary structure. Attachment 2 LANDSCAPING CS Minimum Onsite Landscape 15 ft. wide landscape buffer is Width Along the Street required 3 unless otherwise Frontage Required When a determined by the Reviewing Commercial Lot is Adjacen? Official through the site plan o Property Zoned review process. Residential, RC, R-1, R-5, R-8, R-10, R-14, or RM Attachment 2.A HEIGHT CS Maximum Building Height, 50 ft. except when abutting except for Public uses with lots zoned R-8, RMH, R-10, "Public Suffix" (P) R-14, RIVIA or RM-C, then designation20 45 ft. 26 In the area depicted in RMC -3-095134c, in no case may eights of commercial, residential, or mixed -use buildings exceed 45 ft. aximum height for portions f property within 80 ft. of an R-8 or R-10 property line unless a modification through site plan review process is requested. Heights in other areas may exceed the maximum height with a Conditional Use Permit. 16 Attachment 3 4. Centers Residential Bonus District Maps: a. IN L:1 NE 2nd Ci C. L Area A ® Area B Area C This figure is a graphic representation, not guaranteed to survey accuracy. To find the district(s) applicable to a specific parcel, refer to RMC 4-3-095B1, B2, and B3. 1 Attachment 4 4-3=095.0 USES PERMITTED IN CENTERS RESIDENTIAL BONUS DISTRICT(S): The following residential uses are permitted in addition to all other nonresidential uses, existing flats/townhomes, and accessory uses permitted in the underlying zoning. Flats, when in a mixed use structure that combines residential with a first floor commercial use(s) and when located above the first floor. Adult family homes 4-3-095.D Detached dwelling Semi -attached dwelling; up to 4 consecutively attached Townhouses, up to 4 consecutively attached Adult family homes Boarding and lodging houses Group homes II, for 6 or less Group homes II, for 7 or more Retirement residences Flats or townhouses, when in a mixed use structure that combines residential with a first floor commercial use(s). Adult family homes SPECIAL DEVELOPMENT STANDARDS FOR RESIDENTIAL USES AND RESIDENTIAL/COMMERCIAL USES LOCATED WITHIN THE CENTERS RESIDENTIAL BONUS DISTRICT: Unless special development standards are specified below in this subsection, the development standards listed in the underlying CS and CN zoning are applicable. The modification procedure specified in subsection E of this Section may be used for residential and residential/commercial mixed use projects proposing to exceed the development standards in this subsection. 1 Site Layout NA Provide access and NA infrastructure to serve the development equivalent to those requirements established in the subdivision regulations. On -site Open None None Attached housing Space developments of 10 or Requirement more dwelling units shall provide a minimum aggregated area of common open space or recreation area of at least 50 square feet per unit. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Reviewing Official. Minimum Land None Minimum Land Area per None Area per Dwelling Dwelling Unit: 1,200 sq. ft. Unit including building footprint. Within this square footage 250 sq. ft. must be developed in landscaping or private yard abuttine each unit. Minimum Lot Size None None None $ tiz V§�i" •: hex Y' _:f ��'' A�t`�,�a(� "X'3*F �.�Fi�, ��b',�~. _' )'C' S r� <.�L"bb�.X'N'p. 4 .4' Maximum Lot Use standards in the base 65% Use standards in base zone. Coverage For zone. Buildines Setbacks, General Use standards in the base A 3 ft. minimum side setback Use standards in base zone. zone. is required and no projections are allowed (e.g., eaves, bay windows) within the setback. Special Setbacks — Not subject to maximum Not subject to maximum Not subject to maximum Detached setback. Not permitted setback. Not permitted within setback. Not permitted Accessory Garages within 20 ft. of a public 20 ft. of a public street. within 20 ft. of a public street. Garages must Garages must provide a street. Garages must provide a minimum 24 ft. minimum 24 ft. of back out provide a minimum 24 ft. of back out space space including the alley. of back out space including includinc the allev. the alley. Building Design 11) Variation or 11) Variation or modulation I I) Variation or - modulation of vertical and of vertical and modulation of vertical and 2 5 Standards horizontal facades is horizontal facades is horizontal facades is required at a minimum of required at a minimum required at a minimum of 2 2 ft. at an interval of a of 2 ft. at an interval of ft. at an interval of a minimum of 40 ft. on a a minimum of 40 ft. on minimum of 40 ft. on a building face. a building face. building face. 2) Modulation of 2) Private residential entry 2) Modulation of roof lines is required. features which are roof lines is designed to provide required. individual ground floor connection to the 3) Building must be outside are required. oriented to the street and have the primary building pedestrian entry(ies) facing the street and clearly visible from the street. 4) Project must provide direct pedestrian access to abutting uses. Maximum No requirement 100 ft., except for retirement No requirement Building Length residences. Building Location None The relationship of the None Standards dwelling, parking and the street shall create the appearance of a single family neighborhood. Residential units and any associated commercial development within an overall development shall be connected through organization of roads, block, yards, central places, pedestrian linkages and amenity features. Front facades of structures shall address the public street, private street or court by providing: a landscaped pedestrian connection, and an entry feature facing the front yard. S` Garage Not permitted to open Not permitted to open Not permitted to open Structure/Entry directly onto a principal directly onto a principal or directly onto a principal and Exit arterial street. minor arterial street. arterial street. Maximum Units No requirement 4 units maximum No requirement per Building '.4 ter _F�l+ .��kw} nAc ..no._. n.d'cb'i: f'�rY ..i^:y- i. .. k2,:.,s ���.�w� H n;S,�r2,, g:,il'Ikh�'$J c"i-�i'r, ...\ ,.. y'. .>.,?. ., �':i�• .. ;�F.."�..e Maximum Height 50 ft. 35 ft. 50 ft. In no case may heights exceed 45 feet maximum height for portions of property within 80 feet of an R-8 or R-10 property line unless a modification through site plan review process is r uested. Parking Location As required in RMC 44- As required in RMC 4-4-080 As required in RMC 44- 080 with the following with the following additional 080 with the following additional requirements. requirements. additional requirements. The required number of Must be within an enclosed Parking for the residential parking spaces for the structure (detached or component of the project residential units shall be attached garage). Garage must be within a structured provided within an must be located on a different parking garage. enclosed garage. The fagade from the main entry of required .25 guest spaces the building. The required .25 Commercial and guest per residential unit may guest spaces per attached parking may be provided be surface parking. No residential units may be as surface parking so long more than 6 stalls may be surface parking. No more as no parking shall be consecutively clustered than 6 stalls may be located between a building without an intervening consecutively clustered and the property line landscaped area of a without an intervening abutting a public street. minimum of 5 ft. in width landscaped area of a by the length of the stall. minimum of 5 ft. in width by Parking garages shall be Surface parking not the length of the stall. designed so as not to permitted within the first Surface parking not allowed dominate the fagade of the 30 ft. of any street within the first 30 ft. on any residential building. frontage. street frontage. Parking must Parking garage entries be located to the rear of the shall . be designed to primary structure or in a minimize the apparent detached garage with rear width of garage entries so access. as not to subordinate the pedestrian entry of the structure. Parking within the building shall be enclosed or screened through any combination of walls, Attachment 5 ATTACHED DWELLINGS IN CD, RM-U, AND RM-T ZONES: Resident and guest spaces: Within the CD, CS (only District C as shown in RMC 4-3-095B.4.a), RM-U, and RM-T Zones: 1.8 per 3 bedroom or larger dwelling unit; 1.6 per 2 bedroom dwelling unit; 1.2 per 1 bedroom or studio dwelling unit. RM-T Zone Exemption: An exemption to the standard parking ratio formula may be granted by the Development Services Director allowing 1 parking space per dwelling unit for developments of less than 5 dwelling units with 2 bedrooms or less per unit provided adequate on -street parking is available in the vicinity of the development. - DRAFT 9/8/03 For Discussion Purposes Only CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE relating to the waterworks utility of the City, including the sewerage system as a part thereof; providing for the issuance of $ aggregate principal amount of Water and Sewer Revenue Refunding Bonds, 2003, of the City for the purpose of obtaining the funds with which to refund, on a current basis, and defease all of the City's outstanding Water and Sewer Refunding and Improvement Revenue Bonds, 1993 and to advance refund and defease all of the City's outstanding Water and Sewer Revenue Bonds, 1994; fixing the date, form, denominations, maturities, interest rates, terms and covenants of the bonds; providing for bond insurance; and approving the sale and providing for the delivery of the bonds to D.A. Davidson & Co., Seattle, Washington. DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. Section1. Definitions......................................................................................................................3 Section 2. Findings Regarding Parity Provisions.........................................................................10 Section 3. Authorization and Description of Bonds.....................................................................10 Section 4. Registration of Bonds and Book -Entry System........................................................... I I Section5. Payment of Bonds........................................................................................................13 Section 6. No Redemption; Open Market Purchase of Bonds......................................................14 Section7. Form of Bonds.............................................................................................................14 Section 8. Execution of Bonds.......................................................................................................14 Section 9. Authentication and Delivery of Bonds by Bond Registrar..........................................15 Section 10. Registration, Transfer and Exchange.........................................................................15 Section 11. Lost, Stolen or Destroyed Bonds...............................................................................17 Section 12. Creation of Fund........................................................................................................18 Section 13. Deposits into Funds...................................................................................................18 Section14. Flow of Funds............................................................................................................20 Section 15. Pledge of Revenue and Lien Position........................................................................21 Section 16. Findings Regarding Sufficiency of Revenue.............................................................21 Section17. Covenants...................................................................................................................22 Section 18. No Private Activity Bonds.........................................................................................24 Section 19. Defeasance of the Bonds............................................................................................25 Section 20. Provision for Future Parity Bonds.............................................................................26 Section 22. Approval of Purchase Agreement..............................................................................28 Section 23. Bond Insurance..........................................................................................................29 Section 24. Delivery of Bonds; Temporary Bonds.......................................................................29 Section 25. Call of 1993 Bonds for Redemption..........................................................................30 i DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. Section 26. Acquisition of Escrow Obligations............................................................................30 Section 27. Verification of Sufficiency of Escrow.......................................................................31 Section28. Escrow Agreement.....................................................................................................32 Section 29. Application of Bond Proceeds...................................................................................32 Section 30. Undertaking to Provide Continuing Disclosure.................................................... 32 Section 31. Preliminary Official Statement Deemed Final...........................................................36 Section 32. Contract; Savings Clause............................................................................................36 Section 33. Effective Date of Ordinance......................................................................................37 ii DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. AN ORDINANCE relating to the waterworks utility of the City, including the sewerage system as a part thereof; providing for the issuance of $ aggregate principal amount of Water and Sewer Revenue Refunding Bonds, 2003, of the City for the purpose of obtaining the funds with which to refund, on a current basis, and defease all of the City's outstanding Water and Sewer Refunding and Improvement Revenue Bonds, 1993 and to advance refund and defease all of the City's outstanding Water and Sewer Revenue Bonds, 1994; fixing the date, form, denominations, maturities, interest rates, terms and covenants of the bonds; providing for bond insurance; and approving the sale and providing for the delivery of the bonds to D.A. Davidson & Co., Seattle, Washington. WHEREAS, the City has heretofore created and operated a waterworks utility of the City, including the sewerage system of the City and within that system a system of storm and surface water sewers (defined herein as the "Waterworks Utility"); and WHEREAS, by Ordinance No. 3188, the City provided for the issuance of the Water and Sewer Revenue Refunding Bonds, 1977, Issue No. 3 (the "1977 Bonds"), and, by Section 17 of that ordinance, established certain conditions for the issuance of additional water and sewer revenue bonds on a parity of lien with the 1977 Bonds; and WHEREAS, by Ordinance No. 4709, the City provided for the issuance of the 1998 Bonds, and, by Section XXIII of that ordinance, provided that upon the date on which the 1977 Bonds and certain water and sewer revenue bonds issued on a parity of lien therewith were fully redeemed, refunded or defeased, the right of the City to issue bonds on a party of lien with the 1977 Bonds would be permanently revoked; and WHEREAS, all of such water and sewer revenue bonds have been paid and redeemed, or irrevocable provision for their payment and redemption has been made, except for the outstanding Refunded Bonds; and DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. WHEREAS, pursuant to Chapter 39.53 RCW, the City is authorized to issue and sell, without an election, revenue bonds of the City to refund all of the outstanding Refunded Bonds; and WHEREAS, the City reserved the right to defease the Refunded Bonds; and WHEREAS, the refunding and defeasance of the Refunded Bonds will provide a debt service savings to the City and a modification of the covenants and other terms of the Parity Bonds; and WHEREAS, by Section XXIII of Ordinance No. 4709, the City also provided that it may issue additional water and sewer revenue bonds which will constitute a charge and lien upon the revenue of the Waterworks Utility of the City on a parity with the 1998 Bonds and any bonds issued thereafter if such additional bonds are issued in compliance with the conditions set forth therein; and WHEREAS, by Ordinance No. 4976, the City issued the 2002 Bonds on a parity of lien with the 1998 Bonds; and WHEREAS, the City Council has determined that it is in the best interests of the City to issue and sell $ of Water and Sewer Revenue Refunding Bonds, 2003 on a parity of lien with the 1998 Bonds and the 2002 Bonds to provide part of the funds necessary to carry out the Refunding Plan and to pay the costs of issuance and sale of the Bonds; and WHEREAS, has made a commitment to issue an insurance policy insuring the payment when due of the principal of and interest on the Bonds as provided therein, and the City Council deems that the purchase of such policy is in the best interest of the City; and 2 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. WHEREAS, D.A. Davidson & Co., Seattle, Washington, has offered -to purchase the Bonds under the terms and conditions hereinafter set forth; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN as follows: Section 1. Definitions{ TC "Section 1. Definitions" \f C \1 "1" L As used in this ordinance, the following words. shall have the following meanings: "Alternate Security" shall mean any bond insurance, collateral, security, letter of credit, guaranty, surety bond or similar credit enhancement device providing for or securing the payment of all or part of the principal of and interest on the Parity Bonds, issued by an institution that has been assigned a credit rating at the time of issuance of such Parity Bonds secured by such Alternate Security equal to or better than the highest then -existing rating for any of the Parity Bonds. "Annual Debt Service" for any year shall mean all the interest on plus all principal (except principal of Term Bonds due in any Term Bond Maturity Year) of Parity Bonds, plus all mandatory redemption and sinking fund installments, less all bond interest payable from the proceeds of any such bonds, which will mature or come due in that year. "Average Annual Debt Service" shall mean the sum of the Annual Debt Service for the remaining years to the last scheduled maturity of the applicable bond issue or issues divided by the number of those years. "Beneficial Owner" shall mean, with respect to any Bond, the Person named on the records of the Custodian as having the right, without a physical certificate evidencing such right, 3 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. to transfer, to hypothecate and to receive the payment of the principal of, premium, if any, and interest on such Bond as the same becomes due and payable. "Bond Fund" shall mean that special fund of the City known as the 2003 Waterworks Revenue Bond Fund created by this ordinance for the payment of the principal of and interest on the Bonds. "Bond Insurer" shall mean "Bond Insurance Policy" shall mean the municipal bond insurance policy issued by the Bond Insurer insuring the payment when due of the principal of and interest on the Bonds as provided herein. "Bond Register" shall mean the registration books on which are maintained the names and addresses of the Owners of the Bonds. "Bond Registrar" shall mean the fiscal agencies of the State in Seattle, Washington, and New York, New York, as the same shall be designated from time to time. "Bonds" shall mean the $ City of Renton Water and Sewer Revenue Refunding Bonds, 2003, authorized to be issued by this ordinance. "Book -Entry Termination Date" shall mean the fifth business day following the date of receipt by the Bond Registrar of the City's request to terminate the book -entry system of registering the beneficial ownership of the Bonds. "City" shall mean the City of Renton, Washington, a duly organized and legally existing noncharter code city under the laws of the State. "City Finance Director" shall mean the City's Finance and Information Services Administrator or the successor to such officer. 4 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. "Closing" shall mean the date of the deliveryof the Bonds by the City to the Purchaser and the payment therefor by the Purchaser. "Code" shall mean the Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. "Coverage Requirement" shall mean in any calendar year 1.25 times the Maximum Annual Debt Service. "Custodian" shall mean (a) The Depository Trust Company, New York, New York, or (b) any successor thereto engaged by the City to operate a book -entry system for recording, through electronic or manual means, the beneficial ownership of the Bonds, in which system no physical certificates are issued to the Beneficial Owners of the Bonds, but in which a limited number of physical certificates are issued to and registered in the name of the Custodian or its nominee, and delivered to the Custodian; provided, that such book -entry system operated by the Custodian may include the use of subsystems of recording the beneficial ownership of Bonds which are operated by parties other than the Custodian and the use of a nominee for the Custodian; and the term "Custodian," as used herein, includes any party operating any such subsystem. "Escrow Agreement" shall mean that certain Escrow Agreement, to be dated as of August 1 SSgptember 30, 2003, by and between the City and the Escrow Trustee in substantially the form of Exhibit A hereto, which is incorporated herein by this reference. "Escrow Obligations" shall mean those certain noncallable direct obligations of the United States of America listed on Schedule 1 attached to the Escrow Agreement. DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. "Escrow Trustee" shall mean U.S. Bank National Association, acting in its fiduciary capacity as escrow trustee pursuant to the Escrow Agreement. "Future Parity Bonds" shall mean all water and sewer revenue bonds of the City issued after the date of the issuance of the Bonds and having a lien and charge on Net Revenue on a parity with the lien and charge on Net Revenue for the payment of the principal of and interest on the Bonds. "Gross Revenue" shall mean Revenue of the Waterworks Utility. "Letter of Representations" shall mean the Blanket Issuer Letter of Representations from the City and the Bond Registrar to the Custodian dated April 15, 1997, pertaining to the payment of the Bonds and the "book -entry" system for evidencing the beneficial ownership of the Bonds prior to the Book -Entry Termination Date (as it may be amended from time to time). "Maintenance and Operation Expense" shall mean all reasonable expenses incurred by the City in causing the Waterworks Utility to be operated and maintained in good repair, working order and condition, including payments made to any other municipal corporation or private entity for water service and for sewage treatment and disposal service or other utility service in the event the City combines such service in the Waterworks Utility and enters into a contract for such service, and including pro-rata budget charges for the City's administration expenses where those represent a reasonable distribution and share of actual costs, but not including any depreciation or taxes levied or imposed by the City or payments to the City in lieu of taxes, or capital additions or capital replacements to the Waterworks Utility. Cel DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. "Maximum Annual -Debt Service" shall mean, at -the time of calculation, the maximum amount of Annual Debt Service that will mature or come due in the current calendar year or any future calendar year on the outstanding Parity Bonds. "MSRB" shall mean the Municipal Securities Rulemaking Board. "Net Revenue" shall mean Gross Revenue less Maintenance and Operation Expense. "1993 Bonds" shall mean the outstanding Water and Sewer Refunding and Improvement Revenue Bonds, 1993. "1994 Bonds" shall mean the outstanding Water and Sewer Revenue Bonds, 1994. "1998 Bonds" shall mean the outstanding Water and Sewer Revenue Refunding Bonds, "NRMSIR" shall mean a nationally recognized municipal securities information repository designated by the SEC. "Owner" shall mean the person named as the registered owner of a Bond on the Bond Register. "Parity Bonds" shall mean the 1998 Bonds, the 2002 Bonds, the Bonds and any Future Parity Bonds. "Parity Bond Fund" shall mean any fund created for the payment and redemption of Parity Bonds. "Professional Utility Consultant" shall mean an independent licensed professional engineer, certified public accountant or other independent person or firm selected by the City having a favorable reputation for skill and experience with municipal utilities of comparable size 7 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. and character to the Waterworks Utility in such areas as are relevant to the purposes for which such consultant is retained. "Purchase Agreement" shall mean the Bond Purchase Agreement for the Bonds, dated , 2003, by and between the City and the Purchaser. "Purchaser" shall mean D.A. Davidson & Co., Seattle, Washington. "Rate Stabilization Fund" shall mean the fund of that name created for the purposes described in Ordinance No. 4709. "Refunded Bonds" shall mean, collectively, the 1993 Bonds and the 1994 Bonds. "Refunding Plan" shall mean the plan to refund, on a current basis, and defease the outstanding 1993 Bonds, to advance refund and defease the outstanding 1994 Bonds and to pay certain "incidental costs and costs related to the sale and issuance" (as defined in RCW 39.46.070) of the Bonds, all as more particularly defined and described in the Escrow Agreement. "Reserve Fund" shall mean that special fund of the City known as the Waterworks Revenue Bond Reserve Fund created by Ordinance No. 4709 for purpose of securing the payment of the principal of and interest on all bonds to which Net Revenue is pledged. "Reserve Insurance" shall mean, in lieu of cash and investments, insurance obtained by the City equal to part or all of the Reserve Requirement for any Parity Bonds then outstanding for which such insurance is obtained, issued by an institution that has been assigned a credit rating equal to or better than the highest then -existing rating for any of the Parity Bonds. "Reserve Requirement" shall mean the Maximum Annual Debt Service. DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. "Revenue "of the -Waterworks -Utility" shall -mean all of the earnings and -revenues received by the City from the maintenance and operation of the Waterworks Utility and all earnings from the investment of money in the Reserve Fund or any Parity Bond Fund, and connection and capital improvement charges collected for the purpose of defraying the cost of capital facilities of the Waterworks Utility, except government grants, proceeds from the sale of Waterworks Utility property (other than timber), City taxes collected by or through the Waterworks Utility, principal proceeds of bonds and earnings or proceeds from any investments in a trust, defeasance or escrow fund created to defease or refund Waterworks Utility obligations (until commingled with other earnings and revenues of the Waterworks Utility) or held in a special account for the purpose of paying a rebate to the United States Government under the Code. "Rule" shall mean SEC Rule 15c2-12. "SEC" shall mean the United States Securities and Exchange Commission. "SID" shall mean a state information depository. "State" shall mean the State of Washington. "Term Bonds" shall mean any Parity Bonds identified as such in the ordinance authorizing the issuance thereof, the payment of which is provided for by a requirement for mandatory deposits of money into the principal and interest account of the bond redemption fund created for the payment of such issue of bonds in accordance with a mandatory sinking fund requirement. "Term Bond Maturity Year" shall mean any calendar year in which Term Bonds are scheduled to mature. 6 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. "2002 Bonds" shall mean the outstanding Water and Sewer Revenue Bonds, 2002. "Waterworks Utility" shall mean the combined water and sewerage systems, including the storm and surface water sewers, of the City as the same may be added to, improved and extended for as long as any of the Parity Bonds are outstanding. "Waterworks Utility Fund" shall mean that special fund of the City into which all Gross Revenue (except for earnings in any special fund for the redemption of revenue obligations of the Waterworks Utility) shall be deposited. Section 2. Findings Regarding Parity Provisions[ TC "Section 2. Findings Regarding Parity Provisions" \f C \1 " 1 " } The City Council finds that there is no deficiency in any Parity Bond Fund, that provisions hereinafter meet the conditions for the issuance of Future Parity Bonds as set forth in Ordinance Nos. 4709 and 4976 and that there will be on file prior to the issuance and delivery of the Bonds a certificate of the City Finance Director [a Professional Utility Consultant] that satisfies the conditions for such certificate as set forth in Ordinance Nos. 4709 and 4976. Therefore, the Bonds shall be issued on a parity of lien with the Parity Bonds. Section 3. Authorization and Description of Bonds{ TC "Section 3. Authorization and Description of Bonds" \f C \1 "1" }. For the purpose of obtaining part of the funds necessary to carry out the Refunding Plan, the City shall issue the Bonds in the aggregate principal amount of $ The Bonds shall be designated "City of Renton, Washington Water and Sewer Revenue Refunding Bonds, 2003;" shall be dated Augu"September 15, 2003; shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity; shall be numbered separately, in the manner and with any additional designation as the Bond Registrar deems necessary for purpose of identification; shall bear interest (computed on the basis of a 10 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. 360-day year of twelve 30-day months), payable semiannually on each A041june 1 and OeteberDecember 1, commencing OeteberDecember 1, 2003, to the maturity of the Bonds; and shall mature on ApfilLqne I in the years and amounts and bear interest at the rates per annum as follows: Maturity Years Interest (June 1) Amounts Rates 2004 $ % 2005 2006 2007 2008 2009 2010 2011 2012 2013 If any Bond is duly presented for payment upon maturity and is not paid, then interest thereon shall continue to accrue thereafter at the rate stated therein until such Bond is paid. The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-105. Section 4. Registration of Bonds and Book -Entry System{ TC "Section 4. Registration of Bonds and Book -Entry System" \f C \1 "1" L The Bonds shall be issued only in registered form as to both principal and interest and recorded on the Bond Register. The Bond Register shall contain the name and mailing address of the Owner of each Bond and the principal amount and number of each of the Bonds held by each Owner. On the date of issue of the Bonds, all Bonds maturing in the same maturity year shall be issued in the form of a single certificate, which certificate shall be registered in the name of the Custodian or its nominee, and delivered to the Custodian. The Custodian shall hold each such 11 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. Bond certificate in fully immobilized form for the benefit of the Beneficial Owners pursuant to the Letter of Representations until the earliest to occur of either (1) the date of maturity of the Bonds evidenced by such certificate, at which time the Custodian shall surrender such certificate to the Bond Registrar for payment of the principal of and interest on such Bonds coming due on such date, and the cancellation thereof; (2) the Book -Entry Termination Date; or (3) the date the City determines to utilize a new Custodian for the Bonds, at which time the old Custodian shall (provided the City is not then in default of any payment then due on the outstanding Bonds) surrender the immobilized certificates to the Bond Registrar for transfer to the new Custodian and cancellation as herein provided. For so long as any outstanding Bonds are registered in the name of the Custodian or its nominee and held by the Custodian in fully immobilized form as described in this Section 4, the rights of the Beneficial Owners shall be evidenced solely by an electronic and/or manual entry made from time to time on the records established and maintained by the Custodian in accordance with the Letter of Representations, and no certificates evidencing such Bonds shall be issued and registered in the name of any Beneficial Owner or such Beneficial Owner's nominee. The City may terminate the "book -entry" system of registering ownership of the Bonds at any time (provided the City is not then in default of any payment then due on the outstanding Bonds) by delivering to the Bond Registrar: (a) a written request that it issue and deliver Bond certificates to each Beneficial Owner or such Beneficial Owner's nominee on the Book -Entry Termination Date; (b) a list identifying the Beneficial Owners as to both name and address; and (c) a supply of Bond certificates, if necessary for such purpose. Upon surrender to the Bond 12 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. Registrar of the immobilized certificates evidencing all of the then outstanding Bonds, the Bond Registrar shall issue and deliver new certificates to each Beneficial Owner or such Beneficial Owner's duly appointed agent, naming such Beneficial Owner or such Beneficial Owner's nominee as the Owner thereof. Such certificates may be in any integral multiple of $5,000 within a single maturity. Following such issuance, the Owners of such Bonds may transfer and exchange such Bonds in accordance with Section 10 hereof. Neither the City nor the Bond Registrar shall have at any time any responsibility or liability to any Beneficial Owner of Bonds or to any other person for any error, omission, action or failure to act on the part of the Custodian with respect to payment, when due, to the Beneficial Owner of the principal and interest on the Bonds, proper recording of beneficial ownership of Bonds, proper transfers of such beneficial ownership, or any notices to Beneficial Owners or any other matter pertaining to the Bonds. Section 5. Payment of Bonds{ TC "Section 5. Payment of Bonds" \f C \1 " 1 " }_ Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Prior to the Book -Entry Termination Date, the principal of and interest on the Bonds shall be paid by the Bond Registrar to the Custodian as the Owner thereof, for the benefit of the Beneficial Owners thereof, in accordance with the Letter of Representations. From and after the Book -Entry Termination Date, interest on the Bonds shall be paid by check or draft mailed on or before the interest payment date, to the persons identified as the Owners on the fifteenth day. of the month preceding the interest payment date at the addresses shown for the Owners on the Bond Register, or, if requested in writing by an Owner of $100,000 or more in principal amount of Bonds at least ten days before an interest payment date, by wire 13 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. transfer on the interest payment date to an account within the United States. From and after the Book -Entry Termination Date, principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the Owners at the principal corporate trust office of the Bond Registrar. The Bonds shall be payable solely out of the Bond Fund and the Reserve Fund and shall be a valid claim of the Owners thereof only as against the Bond Fund, Reserve Fund and the amount of Net Revenue pledged to those funds and shall not be general obligations of the City. Section 6. No Redemption; Open Market Purchase of Bonds{ TC "Section 6. No Redemption; Open Market Purchase of Bonds" \f C \1 "1" 1. The Bonds are not subject to redemption prior to their stated maturity dates, The City reserves the right to purchase any or all of the Bonds on the open market at any time and at any price. All Bonds purchased under this Section shall be canceled. Section 7. Form of Bonds{ TC "Section 7. Form of Bonds" \f C \1 "1" 1. The Bonds shall be typewritten, word processed, printed, lithographed or multicopied on good bond paper in a form consistent with this ordinance and Washington law. Section 8. Execution of Bonds{ TC "Section 8. Execution of Bonds" \f C \1 "1" 1. The Bonds shall be executed on behalf of the City by the facsimile or manual signatures of the Mayor and the City Clerk and shall have the seal of the City impressed or a facsimile thereof imprinted thereon. In the event any officer who shall have signed or whose facsimile signatures appear on any of the Bonds shall cease to be such officer of the City before said Bonds shall have been 14 DRAFT 9/8/03 For Discussion Pumoses Only Ma 0 M-lug)a-Z[KA authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issuance, shall be as binding upon the City as though said person had not ceased to be such officer. Any Bond may be signed and attested on behalf of the City by such persons who, at the actual date of execution of such Bond shall be the proper officer of the City, although at the original date of such Bond such persons were not such officers of the City. Section 9. Authentication and Delivery of Bonds by Bond Registrarl TC "Section 9. Authentication and Delivery of Bonds by Bond Registrar" \f C \1 "1" 1. The Bond Registrar is authorized and directed, on behalf of the City, to authenticate and deliver Bonds initially issued or transferred or exchanged in accordance with the provisions of such Bonds and this ordinance. Only such Bonds as shall bear thereon a "Certificate of Authentication" manually executed by an authorized representative of the Bond Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication on the Bonds. Section 10. Registration, Transfer and Exchangel TC "Section 10. Registration, Transfer and Exchange" \f C \1 "1" 1. The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust office, the Bond Register. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and 15 - DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No. 3755 establishing a system of registration for the City's bonds and obligations. The City and the Bond Registrar, in its discretion, may deem and treat the Owner of each Bond as the absolute owner thereof for all purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 5 hereof, but such registration may be transferred as herein provided. All such payments made as described in Section 5 hereof shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. The registered ownership of the Bonds may be transferred. Prior to the Book -Entry Termination Date, the beneficial ownership of the Bonds may only be transferred on the records established and maintained by the Custodian. On and after the Book -Entry Termination Date, transfer of any Bond shall be valid only if it is surrendered at the principal corporate trust office of either Bond Registrar, with the assignment form appearing on such Bond duly executed by, or accompanied by a written instrument of transfer in form satisfactory to such Bond Registrar duly executed by, the Owner or such Owner's duly authorized agent, in a manner satisfactory to such Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Owner or transferee therefor (other than any governmental fees or taxes payable on account of such transfer), a new Bond or Bonds (at the option of the new Owner), naming as Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, of the same maturity and interest rate, for 16 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. the same aggregate principal amount, and in any authorized denomination selected by the new Owners, in exchange for such surrendered and cancelled Bond. On and after the Book -Entry Termination Date, any Bond may be surrendered at the principal corporate trust office of the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same maturity and interest rate, in any authorized denomination as selected by the. Owner. The Bond Registrar shall not be obligated to transfer or exchange any Bond during the fifteen days preceding any principal or interest payment date. The Bond Registrar may become the Owner of any Bond with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of the Owners of the Bonds. The City covenants that, until all Bonds shall have been surrendered and cancelled, it shall maintain a system of recording the ownership of each Bond that complies with the provisions of the Code. Section 11. Lost, Stolen or Destroyed Bonds{ TC "Section 11. Lost, Stolen or Destroyed Bonds" \f C u "1" }. If any Bond becomes mutilated, lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond of the same interest rate and maturity and of like tenor and effect in substitution therefor, all in accordance with applicable law. If such mutilated, lost, stolen or destroyed Bond has matured, the City may, at its option, pay the same without the surrender thereof. However, no such substitution or payment shall be made unless and until the applicant shall furnish (a) evidence satisfactory to the Bond Registrar of the 17 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. destruction or loss of the original Bond and of the ownership thereof, and (b) such additional security, indemnity or evidence as may be required by or on behalf of the City. No substitute Bond shall be furnished unless the applicant shall reimburse the City and the Bond Registrar for their respective expenses in the furnishing thereof. Any such substitute Bond so furnished shall be equally and proportionately entitled to the security of this ordinance with all other Bonds issued hereunder. Section 12. Creation of Fund{ TC "Section 12. Creation of Fund" \f C \1 "1".L There is hereby created in the City Treasury the 2003 Waterworks Revenue Bond Fund (the "Bond Fund"). Section 13. Deposits into Funds { TC "Section 13. Deposits into Funds" \f C \I "1" }_ So long as Bonds are outstanding against the Bond Fund, the City shall: (a) Set aside and pay into the Bond Fund out of Net Revenue a fixed amount, without regard to any fixed proportion, namely, one day before each interest or principal and interest payment date, an amount which, together with other money then on deposit therein, shall be sufficient to meet the debt service on the Bonds required on the next interest or principal and interest payment date; and (b) Set aside and pay into the Reserve Fund out of the Net Revenue, in three annual approximately equal deposits, any additional money necessary to bring the amount deposited in the Reserve Fund attributable to the Bonds up to the amount equal to the increase in the Reserve Requirement attributable to the Bonds. The Reserve Fund may be accumulated from any other money which the City may have available for that purpose in addition to or in lieu of using Net Revenue therefor. Except for withdrawals therefrom as authorized herein, the Reserve Fund shall be maintained at the Reserve Requirement at all times so long as any Parity Bonds are outstanding. When the total amount in the Bond Fund shall equal the total amount of principal and interest for all outstanding Bonds, no further payment need be made into the Bond Fund. Notwithstanding 18 DRAFT 9/8/03 For Discussion Purposes On1X ORDINANCE NO. the first sentence of this paragraph, the Reserve Requirement may be decreased for any issue of Parity Bonds when and to the extent the City has provided for an Alternate Security or Reserve Insurance. If there shall be a deficiency in the Bond Fund to meet maturing installments of either principal or interest, as the case may be, on the Bonds, that deficiency shall be made up from the Reserve Fund by the withdrawal of cash therefrom for that purpose and after all cash has been depleted, then by draws on the Alternate Security or Reserve Insurance for that purpose. Any deficiency created in the Reserve Fund by reason of any such withdrawal shall then be made up from Net Revenue first available after making necessary provisions for the required payments into the Bond Fund. Any money in the Reserve Fund in excess of the Reserve Requirement may be withdrawn and deposited in any Parity Bond Fund and spent for the purpose of retiring Parity Bonds or may be deposited in any other fund and spent for any other lawful Waterworks Utility purpose. The City may provide for the purchase, redemption or defeasance of Parity Bonds by the use of money on deposit in the Bond Fund or the Reserve Fund as long as the money remaining in those funds is sufficient to satisfy the required deposits in those funds for the remaining Parity Bonds. All money in the Bond Fund or Reserve Fund may be kept in cash or on deposit in the official bank depository of the City or in any national bank or may be invested in any legal investment for City funds. Interest on any of those investments or on that bank account shall be deposited in the Reserve Fund until the total Reserve Requirement shall have been accumulated therein, after which time the interest shall be deposited in any Parity Bond Fund. 19 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. Notwithstanding the provisions for the deposit or maintenance of earnings in the Bond Fund or the Reserve Fund, any earnings which are subject to a federal tax or rebate requirement may be withdrawn from the Bond Fund or the Reserve Fund for deposit into a separate fund or account for that purpose. If the City fails to. set aside and pay into the Bond Fund or the Reserve Fund the amounts set forth above, the Owner of any of the outstanding Bonds may bring an action against the City to compel that setting aside and payment. Section 14. Flow of Funds{ TC "Section 14. Flow of Funds" \f C \l "1" } Funds in the Waterworks Utility Fund (other than in any bond redemption or federal rebate account) shall be used in the following order of priority: (a) To pay Maintenance and Operation Expense; (b) To pay the interest on the Parity Bonds; (c) To pay the principal of the Parity Bonds; (d) To make all payments required to be made into any sinking fund or bond redemption fund hereafter created for the payment of Future Parity Bonds which are Term Bonds; (e) To make all payments required to be made into the Reserve Fund; (f) To make all payments required to be made into any revenue bond redemption fund or warrant redemption fund and debt service account or reserve account created to pay and secure the payment of the principal of and interest on any revenue bonds or revenue warrants of the City having a lien upon Gross Revenue junior and inferior to the lien thereon for the payment of the principal of and interest on the Parity Bonds; and (g) To retire by optional redemption or purchase in the open market any outstanding revenue bonds or revenue warrants of the City, to make necessary additions, betterments, improvements and repairs to or extensions and replacements of the Waterworks Utility, to make deposits into the Rate Stabilization Fund, or for any other lawful City purpose. RE DRAFT 9/8/03 For Discussion Purposes Only Section 15. Pledge of Revenue and Lien Position{ TC "Section 15. Pledge of Revenue and Lien Position" \f C \1 "1" L The Net Revenue is pledged to the payment of the Parity Bonds, and the Parity Bonds shall constitute a lien and charge upon such Net Revenue prior and superior to any other charge whatsoever. Section 16. Findings Regarding Sufficiency of Revenue( TC "Section 16. Findings Regarding Sufficiency of Revenue" \f C \1 "1" ). In the judgment of the City Council, Gross Revenue and benefits to be derived from the operation and maintenance of the Waterworks Utility, at the rates to be charged for water, sanitary sewage disposal service and storm and surface water drainage service in the entire utility, will be more than sufficient to meet all Maintenance and Operation Expense (and cost of maintenance and operation of the Waterworks Utility as that term is used in RCW 35.92.100) and the debt service requirements of the outstanding Parity Bonds and to permit the setting aside in the Bond Fund and the Reserve Fund, out of the revenue of the entire utility, of amounts sufficient to pay the interest on the Bonds as that interest becomes payable and to pay and redeem all of the Bonds at maturity. The City Council further declares that in creating the Bond Fund and in fixing the amounts to be paid into the Bond Fund and the Reserve Fund, as aforesaid, it has exercised due regard for the Maintenance and Operation Expense (and costs of maintenance and operation as used in RCW 35.92.100) and the debt service requirements of the currently outstanding Parity Bonds, and the City has not bound and obligated itself to set aside and pay into the Bond Fund and the Reserve Fund, a greater amount or proportion of the revenue of that utility than in the judgment of the City Council will be available over and above Maintenance and Operation Expense (and such costs of maintenance and operation of the Waterworks Utility as that term is used in RCW 21 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. 35.92.100) and debt service requirements of the currently outstanding Parity Bonds and that no portion of the Gross Revenue has been previously pledged for any unref ended indebtedness other than the payment of the currently outstanding Parity Bonds. Section 17. Covenants{ TC "Section 17. Covenants" VC \1 "1" L The City covenants and agrees with the Owner of each Bond at any time outstanding as follows: (a) It will establish, maintain and collect rates and charges for all services and facilities provided by the Waterworks Utility which will be fair and nondiscriminatory, and will adjust those rates and charges from time to time so that: (1) Gross Revenue will at all times be sufficient to (A ) pay all Maintenance and Operation Expense on a current basis, (B) pay when due all amounts that the City is obligated to pay into the Reserve Fund and any Parity Bond Funds and (C) pay all taxes, assessments or other governmental charges lawfully imposed upon the Waterworks Utility or other revenue therefrom or payments in lieu thereof and any and all other amounts which the City may now or hereafter become obligated to pay from Gross Revenue by law or contract; and (2) Net Revenue in each calendar year will be at least equal to the Coverage Requirement. (b) It will at all times maintain and keep the Waterworks Utility in good repair, working order and condition and also will at all times operate such Utility and the business in connection therewith in an efficient manner and at a reasonable cost. (c) It will not sell or otherwise dispose of the Waterworks Utility in its entirety unless, simultaneously with such sale or other disposition, all Parity Bonds are defeased pursuant to the provisions of this ordinance. It will not sell, lease, mortgage or in any manner encumber or otherwise dispose of any part of the Waterworks Utility (other than timber), including all additions and improvements thereto and extensions thereof at any time made, that are used, useful or material in the operation of the Waterworks Utility, unless provision is made for the replacement thereof or for payment into the Bond Fund of the greatest of the following: (1) An amount which will be in the same proportion to the net amount of any.Parity Bonds then outstanding (defined as the total amount of those bonds less the amount of cash and investments in the Reserve Fund and any Parity Bond Funds) that Gross Revenue from the portion of the Waterworks Utility sold or 22 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. disposed -of for the preceding year -bears to the total Gross -Revenue for that period; (2) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (as defined above) that the Net Revenue from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to the total Net Revenue for that period; or (3) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (as defined above) that the depreciated cost value of the facilities sold or disposed of bears to the depreciated cost value of the entire Waterworks Utility immediately prior to such sale or disposition. Notwithstanding any other provision of this subsection, (1) the City in its discretion may sell or otherwise dispose of any of the works, plant, properties or facilities of the Waterworks Utility or any real or personal property comprising a part of the same which shall have become unserviceable, inadequate, obsolete or unfit to be used in the operation of the Waterworks Utility, or no longer necessary, material to or useful to the operation of the Waterworks Utility, without making any deposit into the Bond Fund, and (2) the City may transfer the Waterworks Utility to another municipal corporation so long as Net Revenue of the portion of the Waterworks Utility so transferred is used for payment of debt service on the Parity Bonds prior to any other purpose. In no event shall such proceeds be treated as Gross Revenue for purposes of this ordinance. (d) It will keep proper books, records and accounts with respect to the operations, income and expenditures of the Waterworks Utility in accordance with proper accounting procedures and any applicable rules and regulations prescribed by the State. It will prepare annual financial and operating statements within 270 days of the close of each fiscal year showing in reasonable detail the financial condition of the Waterworks Utility as of the close of the previous year, and the income and expenses for such year, including the amounts paid into the Bond Fund and Reserve Fund and into any and all special funds or accounts created pursuant to this ordinance, the status of all funds and accounts as of the end of such year, and the amounts expended for maintenance, renewals, replacements and capital additions to the Waterworks Utility. Such statements shall be sent to the Owner of any Parity Bonds upon written request therefor being made to the City. (e) Except to aid the poor or infirm, to provide for resource conservation or to provide for the proper handling of hazardous materials, it will not furnish or supply or permit the furnishing or supplying of any service or facility in connection with the operation of the Waterworks Utility free of charge to any person, firm or corporation, public or private, other than the City, so long as any Parity Bonds are outstanding. On at least an annual basis, it will determine all accounts that are delinquent and will take all 23 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. necessary action to enforce payment of such accounts against those property owners whose accounts are delinquent. (f) It at all times will carry fire and extended coverage and such other forms of insurance, including public liability and property damage insurance, with responsible insurers and with policies payable to or on behalf of the City and any additional insureds on such of the buildings, equipment, works, plants, facilities and properties of the Waterworks Utility, and against such claims for damages, as are ordinarily carried by municipal or privately owned utilities engaged in the operation of like systems, or will implement and maintain a self-insurance or an insurance pool program with reserves adequate, in the reasonable judgment of the City, to protect the Waterworks Utility and the Owners of the Parity Bonds against loss. (g) It will pay all Maintenance and Operation Expense and the debt service requirements for the outstanding Parity Bonds, and otherwise meet the obligations of the City as herein set forth. (h) It will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. It will, to the extent arbitrage rebate requirements of Section 148 of the Code are applicable to the Bonds, take all action necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. Section 18. No Private Activity onds_( TC "Section 18. No Private Activity Bonds" \f C \l "1" ). The City covenants that it will take no actions and will make no use of the proceeds of the Bonds or any other funds held under this ordinance which would cause any Bond to be treated as a "private activity bond" (as defined in Section 141(b) of the Code) subject to 24 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. treatment under said Section 141(b) as an obligation not described in Section 103(a) of the Code, unless the tax exemption thereof is not affected. Section 19. Defeasance of the Bonds{ TC "Section 19. Defeasance of the Bonds" \f C \l "1" }_ The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then -outstanding Bonds (hereinafter collectively called the "defeased Bonds") and to pay the costs of the refunding or defeasance. If money and/or direct obligations of the United States of America maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or decrease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the "trust account"), then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance, in Gross Revenue and in funds and accounts obligated to the payment of the defeased Bonds, other than the right to receive the funds so set aside and pledged, shall cease and become void. The owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the trust account and, if the funds in the trust account are not available for such payment, shall have the residual right to receive payment of the principal of and interest on the defeased Bonds from Gross Revenue without any priority of lien or charge against such revenue or covenants with respect thereto except to be paid therefrom. 25 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. After the establishing and full funding of the trust account, the City may then apply any money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine, subject only to the rights of the owners of any other bonds then outstanding. If the refunding plan provides that the defeased Bonds or the refunding bonds to be issued be secured by cash and/or direct obligations of the United States of America or other legal investments pending the prior redemption of the defeased Bonds and if such refunding plan also provides that certain cash and/or direct obligations of the Untied States of America or other legal investments are pledged irrevocably for the prior redemption of the defeased Bonds included in that refunding plan, then only the debt service on the Bonds which are not defeased Bonds and the refunding bonds, the payment of which is not so secured by the refunding plan, shall be included in the computation of coverage for determining compliance with the rate covenants. Section 20. Provision for Future Parity Bonds{ TC "Section 20. Provision for Future Parity Bonds" \f C \1 " 1 " }_ The City reserves the right to issue Future Parity Bonds if the following conditions are met and complied with at the time of issuance of those additional bonds: (a) There shall be no deficiency in any Parity Bond Fund. (b) The ordinance providing for the issuance of such Future Parity Bonds shall provide for the payment of the principal thereof and interest thereon out of a Parity Bond Fund. (c) The ordinance providing for the issuance of such Future Parity Bonds shall provide for the deposit into the Reserve Fund from the proceeds of those Future Parity Bonds of (1) an amount equal to the increase in the Reserve Requirement attributable to those Parity Bonds or (2) Reserve Insurance or Alternate Security or an amount plus Reserve Insurance or Alternate Security equal to the increase in the Reserve Requirement attributable to those Future Parity Bonds. For federal income tax purposes, DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. at the discretion of tlie City, to the extent that the Reserve Requirement cannot be funded from Future Parity Bond proceeds, the City shall provide for deposit into the Reserve Fund other legally available money from Net Revenue or Reserve Insurance or Alternate Security within three years from the date of issuance of the Future Parity Bonds in three approximately equal annual payments. (d) The ordinance authorizing the issuance of such Future Parity Bonds shall provide for the payment of mandatory redemption or sinking fund requirements into the applicable Parity Bond Fund for any Term Bonds to be issued and for regular payments to be made for the payment of the principal of such Term Bonds on or before their maturity, or, as an alternative, the mandatory redemption of those Term Bonds prior to their maturity date from money in the applicable Parity Bond Fund. (e) There shall be on file with the City either: (1) a certificate of the City Finance Director demonstrating that during any 12 consecutive calendar months out of the immediately preceding 36 calendar months Net Revenue, without regard to deposits into or withdrawals from the Rate Stabilization Fund, is equal to at least the Coverage Requirement for all Parity Bonds plus the Future Parity Bonds proposed to be issued; or (2) a certificate of a Professional Utility Consultant that in such consultant's opinion Revenue for any 12 consecutive calendar months, without regard to deposits into or withdrawals from the Rate Stabilization Fund, shall be equal to the Coverage Requirement for each year thereafter. The certificate, in estimating Net Revenue available for debt services, may adjust Net Revenue to reflect: (A) Any changes in rates in effect and being charged or expressly committed by ordinance to be made in the future; (B) Income derived from customers of the Waterworks Utility who have become customers during the 12 consecutive month period or thereafter adjusted to reflect one year's Net Revenue from those customers; (C) Income from any customers to be connected to the Waterworks Utility who have paid the required connection charges; (D) The Professional Utility Consultant's estimate of the Net Revenue to be derived from customers anticipated to connect for whom building permits have been issued; 27 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. (E) Income received or to be received which is derived from any person, firm corporation or municipal corporation under any executed contract for water, sewage disposal or other utility service, which revenue was not included in the historical Net Revenue; (F) The Professional Utility Consultant's estimate of the Net Revenue to be derived from customers with existing homes or buildings which will be required to connect to any additions to and improvements and extensions of the Waterworks Utility constructed and to be paid for out of the proceeds of the sale of the additional Future Parity Bonds or other additions to and improvements and extensions of the Waterworks Utility when such additions, improvements and extensions are not completed; and (G) Any increases or decrease in Net Revenue as a result of any actual or reasonably anticipated changes in Maintenance and Operation Expense subsequent to the 12-month period. If Future Parity Bonds proposed to be so issued are for the sole purpose of refunding outstanding bonds payable from any Parity Bond Fund, such certification of coverage shall not be required if the amount required for the payment of the principal and interest in each year for the refunding bonds is not increased more than $5,000 over the amount for that same year required for the bonds or the portion of that bond issue to be refunded thereby and if the maturities of such refunding bonds are not extended beyond the maturities of the bonds to be refunded thereby. Nothing contained herein shall prevent the City from issuing Future Parity Bonds to refund maturing Bonds or Future Parity Bonds then outstanding, money for the payment of which is not otherwise available. Nothing contained herein shall prevent the City from issuing revenue bonds that are a charge upon Gross Revenue subordinate to the payments required to be made therefrom into any Parity Bond Fund. Section 22. Approval of Purchase Agreement{ TC "Section 22. Approval of Purchase Agreement" V C \1 "1 " }. The Purchaser has presented the Purchase Agreement to the City pursuant to which the Purchaser has offered to purchase the Bonds. The City Council finds that 28 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. entering into the Purchase Agreement is in the best interests of the City, and therefore accepts the offer contained in the Purchase Agreement and authorizes and directs the execution of the Purchase Agreement on behalf of the City by City officials, and delivery of the same to the Purchaser. The Bonds will be delivered to the Purchaser in accordance with the Purchase Agreement with a copy of the approving legal opinion of Gottlieb, Fisher & Andrews, PLLC, bond counsel, Seattle, Washington, relative to the issuance of the Bonds, attached to each Bond. Bond counsel has not been engaged to review or express any opinion concerning the completeness or accuracy of the official statement or other disclosure documentation used in connection with the offer or sale of the Bonds by any person, and bond counsel's opinion shall so state. Bond counsel has not been retained to monitor, and shall not be responsible for monitoring, the City's compliance with any federal law or regulations to maintain the tax-exempt status of the interest on the Bonds. Section 23. Bond Insurance{ TC "Section 23. Bond Insurance \f C \1 "1" }. The City is authorized to purchase from the Bond Insurer the Bond Insurance Policy insuring the prompt payment of the principal of and interest on the Bonds and agrees to the conditions for obtaining that policy, including the payment of the premium therefor. The City Council authorizes and directs the execution of the commitment for the Bond Insurance Policy on behalf of the City by City officials, inleudingincluding, but not limited to the City Finance Director, and delivery of the same to the Bond Insurer. Section 24. Delivery of Bonds; Temporary Bonds j TC "Section 24. Delivery of Bonds; Temporary Bonds" \f C \1 "1" }. The proper City officials, including, but not limited to, the City Finance Director, are authorized and directed (a) to execute all documents necessary to complete 29 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. the issuance and delivery of the Bonds to the Purchaser, including, but not limited to, the final official statement pertaining to the Bonds; and (b) to do everything necessary for (1) the preparation and delivery of a transcript of proceedings pertaining to the Bonds, and (2) the preparation, execution and delivery of definitive Bonds to the Purchaser, each without unreasonable delay. If definitive Bonds are not ready for delivery by the date of Closing agreed to by the City and the Purchaser, the City, upon the approval of the Purchaser, may cause to be issued and delivered to the Purchaser one or more temporary Bonds with appropriate omissions, changes and additions. Any temporary Bonds shall be entitled and subject to the same benefits and provisions of this ordinance with respect to the payment, security and obligation thereof as definitive Bonds authorized hereby. Such temporary Bond or Bonds shall be exchangeable without cost to the Owner thereof for definitive Bonds when the latter are ready for delivery. Section 25. Call of 1993 Bonds for Redemption{ TC "Section 25. Call of 1993 Bonds for Redemption" \f C \l "1" }. The City hereby ratifies the calls for redemption on October 1, 2003 of the 1993 Bonds that are subject to optional redemption for- r-edenvtien on Oete er- 1, 200 , at a redemption price of 101 % of the principal amount thereof plus accrued interest. Such call for redemption. shall become irrevocable upon delivery of the Bonds at Closing. Section 26. Acquisition of Escrow Obli atg ions{ TC "Section 26. Acquisition of Escrow Obligations" \f C \1 "1" }. The proper City officials, including, but not limited to, the City Finance Director shall, at or prior to Closing, make appropriate arrangements for the payment for and delivery of any Escrow Obligations which are to be purchased in the open market pursuant to the Refunding Plan; and shall, prior to Closing, deliver or cause to be delivered to the Federal 30 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. Reserve Bank in Seattle, Washington, subscriptions for any Escrow Obligations which are to be acquired from the United States Bureau of Public Debt pursuant to the Refunding Plan. The maturing principal of and the interest on such Escrow Obligations, together with the Initial Cash to be provided to the Escrow Trustee pursuant to the Refunding Plan, shall be sufficient to pay all of the principal of and interest to become due on the 1993 Bonds from Closing to and including October 1, 2003, when due, and to redeem on said date, all of the remaining outstanding 1993 Bonds at a redemption price of 101 % of the principal amount thereof, and to pay all of the principal of and interest to become due on the 1994 Bonds from Closing to and including November 1, 2005, the final maturity date of the outstanding 1994 Bonds. The Escrow Trustee shall designate in any such subscriptions that all the principal of and interest on the Escrow Obligations subscribed for with the United States Bureau of Public Debt shall be payable to the Escrow Trustee. Such subscription may be amended as permitted by federal law. Section 27. Verification of Sufficiency of Escrow{TC "Section 27. Verification of Sufficiency of Escrow" \f C \1 11. The proper City officials, including, but not limited to, the City Finance Director are authorized and directed to obtain, prior to Closing, independent verification from a firm of independent certified public accountants that, among other things, the cash flow scheduled to be received from the Escrow Obligations, together with any uninvested initial cash, shall be sufficient to make the payments described in Section 22 hereof. At Closing, if there has been any change in Escrow Obligations or cash deposited with the Escrow Trustee under this ordinance and the Escrow Agreement, the City Finance Director shall cause the 31 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. sufficiency of the Escrow Fund (as defined in the Escrow Agreement) to be verified in such manner as she shall deem necessary. Section 28. Escrow Agreement[TC "Section 28. Escrow Agreement" \f C \1 11. The Escrow Agreement is hereby approved. The City Finance Director is authorized and directed to execute and to deliver said Escrow Agreement, on behalf of the City, to the Escrow Trustee on or before Closing, with such changes as the City Finance Director deems to be in the best interests of the City; and such execution and delivery of the Escrow Agreement shall evidence irrevocably the approval of the executed Escrow Agreement by the City. Section 29. Application of Bond Proceeds( TC "Section 29. Application of Bond Proceeds" \f C \1 "1" 1. The accrued interest and the rounding amount, if any, received by the City at Closing shall be deposited into the Bond Fund and shall be applied to the payment of interest first coming due on the Bonds. The remaining proceeds of the sale of the Bonds, less the underwriter's discount and the bond insurance premium to be paid by the Purchaser on behalf of the City, plus the net original issue premium, together with such other funds of the City as are identified in the Refunding Plan, shall be paid by the City to the Escrow Trustee at Closing, to be applied as set forth in the Escrow Agreement. Section 30. Undertaking to Provide Continuing Disclosure( TC "Section 30. Undertaking to Provide Continuing Disclosure" \f C \1 "1" 1. This section constitutes the City's written undertaking for the benefit of the Owners and Beneficial Owners of the Bonds required by subsection (b)(5)(i) of the Rule. 32 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. The City hereby agrees to provide or cause to be provided to. each then existing NRMSIR and to the SID, if one is created, the following annual financial information and operating data (collectively, the "Annual Financial Information") for each prior fiscal year, commencing with the calendar year ending December 31, 2003, on or before the last day of the seventh month following the end of such prior fiscal year: (a) Annual financial statements prepared in accordance with the generally accepted accounting principles applicable to governmental units, as such principles may be changed from time to time and as permitted by State law; which statements will not be audited, except that if and when audited financial statements are otherwise prepared and available to the City, they will be provided (the "Annual Financial Statements"); (b) A statement of authorized, issued and outstanding bonded debt secured by the Net Revenue; (c) Debt service coverage ratios; (d) General customer statistics for the Waterworks Utility; and (e) A narrative explanation of the reasons for any amendments to this Section 30 made during the previous fiscal year and the impact of such amendments on the Annual Financial Information being provided. In its provision of such financial information and operating data, the City may cross- reference to any "final official statement (as defined in the Rule) available from the MSRB or any other documents theretofore provided to each then existing NRMSIR or the SID, if one is created. 33 DRAFT 9/8/03 For Discussion Purposes On1X 16 A 1► ► WONS] If not submitted as part of the Annual Financial Information, then when and if available, the City shall provide its Annual Financial Statements, which shall have been audited by such auditor as shall be then required or permitted by the State law, to each then existing NRMSIR and to the SID, if one is created. The City further agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR, notice of any of the following events with respect to the Bonds, if material: Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of the Owners of the Bonds; 8. Optional redemptions of the Bonds; 9. Defeasances of the Bonds; 10. Release, substitution or sale of property securing repayment of the Bonds; and 11. Rating changes. The City also agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR, notice of its failure to provide the Annual Financial Information for the prior fiscal year on or before the last day of the seventh month following the end of such prior fiscal year. W DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. After the issuance of the -Bonds, so long as the interests of the Owners or Beneficial Owners of the Bonds will not be materially impaired thereby, as determined by a party unaffiliated with the City (including, without limitation, a trustee for the Owners, nationally recognized bond counsel or other counsel familiar with the federal securities law), or pursuant to a favorable "no -action letter" issued by the SEC, this Section 30 may only be amended in connection with any change in legal requirements, change in law, or change in the identity, nature or status of the obligated person, or type of business conducted, and only in such a manner that the undertaking of the City, as so amended, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. The City's obligations to provide Annual Financial Information and notices of certain events shall terminate without amendment upon the defeasance, prior redemption or payment in full of all of the then outstanding Bonds. This Section 30 or any provision hereof, shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel or other counsel familiar with the federal securities laws to the effect that those portions of the Rule which require this Section 30 or any such provision are invalid, have been repealed retroactively or otherwise do not apply to the Bonds; and (ii) notifies and provides the SID, if any, and either the MSRB or each then existing NRMSIR with copies of such opinion. The right of each Owner or Beneficial Owner of Bonds to enforce the provisions of this Section 30 shall be limited to the right to obtain specific enforcement of the City's obligations under this Section 30, and any failure by the City to comply with the provisions of this undertaking shall not be a default with respect to the Bonds under this ordinance. 35 DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. The City Finance Director is authorized and directed to take such further action on behalf of the City as may be necessary, appropriate or convenient to carry out the requirements of this Section 30. Section 31. Preliminary Official Statement Deemed Final{ TC "Section 31. Preliminary Official Statement Deemed Final" \f C \1 "1" L The City Council has been provided with copies of a preliminary official statement dated , 2003 (the "Preliminary Official Statement"), prepared in connection with the sale of the Bonds. For the sole purpose of the Bond purchaser's compliance with paragraph (b) (1) of the Rule, the City "deems final" that Preliminary Official Statement as of its date, except for the omission of information as to offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, maturity dates, options of redemption, delivery dates, ratings and other terms of the Bonds dependent on such matters. Section 32. Contract; Savings Clause{ TC "Section 32. Contract; Savings Clause" \f C \1 "1" }. The covenants contained in this ordinance and in the Bonds shall constitute a contract between the City and the Owner of each and every Bond. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction and after final appeal (if any appeal be taken) to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements in this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. rol DRAFT 9/8/03 For Discussion Purposes Only ORDINANCE NO. Section 33. Effective Date of Ordinance{ TC "Section 33. Effective Date of Ordinance" \f C \1 "1" 1. This ordinance shall be effective upon its passage, approval and five days after publication. PASSED by the City Council this day of JulySeptember, 2003. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of JulySeptember, 2003. Approved as to Form: Bond Counsel Date of Publication: (Summary) Jesse Tanner, Mayor 37 2ND DRAFT 9/8/03 For Discussion Purposes Only ESCROW AGREEMENT This ESCROW AGREEMENT, dated as of . September 30. 2003, is made by and between the CITY OF RENTON, WASHINGTON (the "City"), duly organized and existing pursuant to the laws of the State of Washington, and U.S. BANK NATIONAL ASSOCIATION, as escrow trustee hereunder (the "Escrow Trustee"). RECITALS WHEREAS, the City now has outstanding $8,110,000 principal amount of its Water and Sewer Refunding and Improvement Revenue Bonds, 1993 (the "1993 Bonds") and $420,000 principal amount of its Water and Sewer Revenue Bonds, 1994 (the "1994 Bonds" and, together with the 1993 Bonds, the "Refunded Bonds"); and WHEREAS, after due consideration, it appears to the City Council of the City (the "City Council") that refunding all of the outstanding Refunded Bonds by the issuance of refunding bonds of the City will provide a debt service savings to the City and a modification of the covenants and other terms of the Parity Bonds; and WHEREAS, by Ordinance No. (the "Bond Ordinance"), the City has duly and validly authorized the issuance, sale and delivery of its $ Water and Sewer Revenue Refunding Bonds, 2003 (the "Bonds"), and the delivery of a portion of the net principal proceeds of the Bonds to the Escrow Trustee, the purchase of the noncallable "Government Obligations" (as defined in Chapter 39.53 RCW) listed in Schedule 1 hereto (the "Escrow Obligations"), and the execution and delivery of this Escrow Agreement; and WHEREAS, the Escrow Trustee has duly and validly accepted the trust created by this Escrow Agreement and the performance of its obligations hereunder; and WHEREAS, the Refunding Plan for the Refunded Bonds (the "Refunding Plan") will be accomplished pursuant to this Escrow Agreement (including the Schedules hereto), and shall consist of the following: (a) The payment to the Escrow Trustee by D.A. Davidson & Co., the Purchaser of the Bonds (the "Purchaser"), on behalf of the City, of the sum of $ , derived solely from the net proceeds of the Bonds, and the payment to the Escrow Trustee by the City of the sum of $ , derived from money on deposit in the Principal and Interest Account in the 1994 Water and Sewer Revenue Bond Redemption Account in the Water and Sewer Revenue Parity Bond Fund (the "Parity Bond Fund") in the amount of $ and from money on deposit in the Principal and Interest Account in the 1993 Water and Sewer Revenue Bond Redemption Account in the Parity Bond Fund in the amount of $ (b) The purchase by the Escrow Trustee of the Escrow Obligations listed in Schedule 1 attached hereto and made a part hereof by this reference, with a portion of the money delivered to the Escrow Trustee as described in clause (a) above; fArenton\w&s revrefU3 2ND DRAFT 9/8/03 For Discussion Purposes Only (c) The delivery of a report (the "Escrow Verification") of Causey Demgen & Moore Inc., independent certified public accountants, attached as Schedule 2 hereto and made a part hereof by this reference, verifying the mathematical accuracy of the computations (which computations shall be attached to said letter) of the yield on the Bonds and the Escrow Fund, and the computations showing that the Initial Cash and the maturing principal of and interest on the Escrow Obligations will provide sufficient money (assuming that all the principal of and the interest on the Escrow Obligations is paid on the due dates thereof) to pay (1) the principal of and interest on the 1993 Bonds up to and including October 1, 2003; (2) the redemption price thereof due on that date equal to 101 % of the principal amount of the 1993 Bonds; and (3) the principal of and interest on the 1994 Bonds up to and including November 1, 2005 (collectively, the "Escrow Payments"). (d) The receipt by the Escrow Trustee of the maturing installments of principal of and interest on the Escrow Obligations; (e) The Escrow Trustee's payment from time to time to the fiscal agencies of the State of Washington (collectively, the "Fiscal Agencies") of money sufficient to make the Escrow Payments, when due; (f) The payment by the Escrow Trustee of the costs of issuing the Bonds, as described on Schedule 3 attached hereto and incorporated herein by this reference. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, for the benefit of the registered owners of the Refunded Bonds, the parties hereto covenant as follows: Section 1. Definitions in Bond Ordinance Applicable. Unless the context otherwise requires, the terms defined in the Bond Ordinance and in the recitals and the succeeding sections of this Escrow Agreement shall, for all purposes of this Escrow Agreement (including the recitals hereto), be incorporated herein and made a part hereof by this reference, and shall have the meanings specified in such places, such definitions to be equally applicable to both the singular and plural forms of any of the terms defined. Section 2. Creation of Escrow Fund. The Escrow Trustee shall create a trust fund in escrow (the "Escrow Fund") under this Escrow Agreement into which shall be irrevocably deposited the Escrow Obligations, the Initial Cash, any Substitute Obligations and any other funds provided to the Escrow Trustee hereunder for use in the refunding of the Refunded Bonds. Section 3. Delivery of Bond Proceeds to Escrow Trustee. On Augpst,4September 30, 2003 (the "Date of Closing"), the City shall cause the Purchaser to pay to the Escrow Trustee the sum of $ , derived solely from the net proceeds of the Bonds and shall pay to the Escrow Trustee the sum of $ , derived from money on deposit in the Principal and 2 fArenton\w&s revrefD3 2ND DRAFT 9/8/03 For Discussion Purposes Only Interest Account in the 1994 Water and Sewer Revenue Bond Redemption Account in the Parity Bond Fund in the amount of $ and from money on deposit in the Principal and Interest Account in the 1993 Water and Sewer Revenue Bond Redemption Account in the Parity Bond Fund in the amount of $ . Execution of this Escrow Agreement by the Escrow Trustee shall constitute written acknowledgment by the Escrow Trustee of its receipt of said SUMS. Section 4. Application of Net Proceeds of the Bonds. On the Date of Closing, the Escrow Trustee shall: (a) Apply the sum of $ , derived solely from the net proceeds of the Bonds and City funds in the Parity Bond Fund, to pay the purchase price of the Escrow Obligations in the principal amounts, with the dates of maturities, at the prices and at the interest rates set forth in Schedule 1 hereto. Upon receipt of the Escrow Obligations, the Escrow Trustee shall deliver to the City and to Gottlieb, Fisher & Andrews, PLLC ("Bond Counsel") copies of the documents evidencing the purchase of and payment for the Escrow Obligations; provided, that the City reserves the right to substitute for a temporary period until receipt of the Escrow Obligations, prior to the Date of Closing, other noncallable direct United States obligations or cash for any of the Escrow Obligations if, in the opinion of Bond Counsel, the interest on the Bonds will remain excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and such substitution shall not impair the timely payment of the amounts required to be paid under the Refunding Plan, which opinion will be accompanied by a verification of such timely payments from a nationally recognized firm of independent certified public accountants; (b) Hold the sum of $ (the "Initial Cash"), derived solely from the net proceeds of the Bonds, uninvested in the form of United States currency until application of the same to meet the Escrow Payments; and (c) Apply the sum of $ , derived solely from the net proceeds of the Bonds, to the payment of the costs of issuing the Bonds listed on Schedule 3 hereto. Section 5. Sufficiency of Escrow Obligations. On the basis of the Escrow Verification, the City represents that the Escrow Obligations, and the maturing principal thereof and the interest thereon, if paid when due, together with the Initial Cash, shall be sufficient to make the Escrow Payments, when due. Section 6. Collection of Proceeds of Obligations and Application of Such Proceeds and Money. The Escrow Trustee shall present for payment, and shall collect and receive, on the due dates thereof, the maturing installments of principal of and the interest on the Escrow Obligations and any Substitute Obligations (hereinafter defined). From such proceeds and other money in the Escrow Fund, the Escrow Trustee shall, to the extent sufficient funds are in its possession, make timely payment to the Fiscal Agencies of the amounts necessary to make the Escrow Payments, when due. Said payments shall be made by check, wire transfer or such other method of transfer of funds as shall be mutually agreed from time to time by the Escrow Trustee and the Fiscal Agencies. fArenton\w&s revref03 2ND DRAFT 9/8/03 For Discussion Purposes Only Section 7. All Securities and Money and Proceeds Thereof Held in Trust. The City hereby irrevocably conveys, transfers and assigns to the Escrow Trustee, in trust, the Escrow Obligations and the Substitute Obligations, if any, the proceeds thereof and thereon, and the Initial Cash, and any substitutions or reinvestments thereof made pursuant to Sections 9 and 10 hereof; and the Escrow Trustee hereby irrevocably agrees to hold the same, together with any other money which the Escrow Trustee may receive pursuant to this Escrow Agreement, in the Escrow Fund, in trust and separate from all other funds and investments held by the Escrow Trustee, solely for the purpose of making the Escrow Payments and payments described in Sections 4, 11 and 14 hereof. The Escrow Trustee shall not sell, transfer, assign or hypothecate any portion'of the Escrow Fund except pursuant to Sections 9, 10, 11 and 14 hereof. Section 8. Reports and Notice of Insufficiency. For as long as any part of the principal of or the interest on the Refunded Bonds has not been paid, within 35 business days following the date scheduled for payment of any debt service thereon, the Escrow Trustee shall render reports to the City setting forth the activity since the date of the last debt service payment concerning the Escrow Obligations or any Substitute Obligations, the maturation of such Escrow Obligations or Substitute Obligations and amounts received by the Escrow Trustee by reason of such maturity, the interest earned on such Escrow Obligations or Substitute Obligations, a list of any investments or reinvestments made by the Escrow Trustee in other such Escrow Obligations or Substitute Obligations and the interest and/or principal derived therefrom, the sums paid to the Fiscal Agencies, and any other transactions of the Escrow Trustee pertaining to its duties and obligations as set forth herein. In the event the maturing principal of and interest on the securities and money in the Escrow Fund shall be insufficient at any time in the future to make an Escrow Payment, the Escrow Trustee shall give the City prompt written notice of such projected insufficiency. Such notice shall be accompanied by a written request directed to the City that the City deposit with the Escrow Trustee, sums sufficient to make up the insufficiency. Any such written request need be based only on the activity reports delivered pursuant to this Section 8. The City agrees to make such deposit promptly. Section 9. Substitute Obligations. The City reserves the right, from.time to time and at any time, to substitute for the Escrow Obligations initially purchased in accordance with Section 4 hereof, other noncallable Government Obligations (the "Substitute Obligations"); provided, however, that prior to effecting any such substitution, the City shall have delivered to the Escrow Trustee: (a) A letter addressed to the City and the Escrow Trustee by a nationally recognized firm of independent certified public accountants verifying the computations which indicate that the Escrow Obligations, the Substitute Obligations, and other money to be held by the Escrow Trustee after the proposed substitution for purposes of making the Escrow Payments will be adequate to make all the Escrow Payments; and (b) An opinion of Bond Counsel addressed to the City and the Escrow Trustee that such substitution is of securities which may be deposited with the Escrow Trustee to accomplish 4 fArenton\w&s revrefD3 2ND DRAFT 9/8/03 For Discussion Purposes Only the defeasance of the Refunded Bonds in accordance with the ordinance pursuant to which they were issued, and that such substitution will not cause the interest on the Refunded Bonds or the Bonds to be included in gross income for purposes of federal income taxation. Section 10. Reinvestment of Proceeds of Escrow Obligations and Substitute Obligations. (a) The proceeds (principal and interest) and reinvestment proceeds of any Substitute Obligations purchased by the Escrow Trustee in accordance with this Escrow Agreement shall be reinvested by the Escrow Trustee in other Substitute Obligations on date of receipt, provided that: (1) The City shall have directed the Escrow Trustee in writing to make such reinvestment; (2) Such proceeds shall be reinvested in noncallable Government Obligations at a yield not to exceed 0% or such higher yield as may be directed by letter of instructions from the City to the Escrow Trustee, but if the composite yield on the directed investments made pursuant to this Escrow Agreement would exceed % (the yield on the Bonds), such letter of instructions shall be based upon and accompanied by the opinion of Bond Counsel approving reinvestment of such proceeds at such higher yield; (3) The Substitute Obligations in which such proceeds are reinvested shall mature in amounts not less than their respective purchase prices and on the date(s) directed by the City, but not later than the dates the principal thereof is needed to make one or more of the Escrow Payments as such date(s) may be identified in the most recent report of a nationally recognized firm of independent certified public accountants verifying the computations which indicate that the Escrow Obligations, the Substitute Obligations, and other money to be held by the Escrow Trustee after the proposed substitution for purposes of making the Escrow Payments will be adequate to make all the Escrow Payments; and (4) The City and Escrow Trustee shall receive from a nationally recognized firm of independent certified public accountants a verification that such reinvestment satisfies the conditions of Sections 10(a)(2) and 10(a)(3) hereof. (b) If the proceeds of the securities and other money in the Escrow Fund are insufficient to reinvest in the smallest denomination of Substitute Securities, or are required sooner than the shortest maturity available for such Substitute Securities, or cannot be reinvested under the yield limitations described in Section I0(a)(2) hereof, or for any reason cannot be reinvested in Substitute Securities, said proceeds shall be held uninvested in the Escrow Fund in the form of United States currency. (c) "Yield," as used herein, means that yield computed in accordance with and as permitted by the Code as applicable to the Bonds and the trust under this Escrow Agreement so as to preserve the exclusion of the interest on the Bonds from gross income for purposes of federal income taxation. fArenton\w&s revrefll3 2ND DRAFT 9/8/03 For Discussion Purposes Only (d) The Escrow Trustee shall retain with respect to each Escrow Obligation and Substitute Obligation sufficient documentation to establish that each such security_ has been acquired and disposed of on an established market in an arm's length transaction, at a price equal to its fair market value and that no amounts have been paid to reduce the yield on such obligation. The purchase and disposition prices of the Escrow Obligations and Substitute Obligations (other than SLGS) shall be based on the mean between the bid and asked prices for such investments on the date of purchase or disposition; and evidence of such prices shall be retained by the Escrow Trustee. Section 11. Surplus in Escrow. If, at any time during the term of the escrow created pursuant to this Escrow Agreement, the securities and money held in the Escrow Fund exceed the amounts required to make all of the Escrow Payments in accordance with the Escrow Verification or any subsequent verification furnished to the Escrow Trustee pursuant to Section 9(a) and/or Section 10(a) hereof, when due, considering the earnings to be realized on the investment (but not reinvestment) of such securities and the City requests in writing that such surplus securities or the proceeds thereof or such surplus money be returned by the Escrow Trustee to the City, then the Escrow Trustee shall do so at the times requested by the City. Before the application of any such surplus, the Escrow Trustee shall require the City to furnish the Escrow Trustee, in a form satisfactory to it, a verification by a nationally recognized firm of independent certified public accountants of the amount of such surplus. Section 12. Amendments of Escrow Agreement. The Escrow Trustee and the City recognize that the holders and owners of the Refunded Bonds have a beneficial interest in the obligations and money held in the Escrow Fund. It is therefore understood and agreed that this Escrow Agreement shall not be subject to revocation or amendment except for the purpose of clarifying any ambiguity herein or adding additional money or noncallable direct obligations of the United States to the Escrow Fund, in either case at the request of the City or the Escrow Trustee, which request shall be accompanied by an opinion of Bond Counsel addressed to the City and the Escrow Trustee to the effect that such requested change does not detrimentally affect the registered owners of the Refunded Bonds. Notice of any such intended revocation or amendment, together with a copy of the proposed amendments, if any, shall be sent at least three business days prior to the proposed effective date of any such revocation or amendment, and notice of any holding of invalidity, illegality or unenforceability shall be sent within 30 days following such decision, in either case, by registered or certified mail, postage prepaid, to: Moody's Investors Service, Inc. 99 Church Street New York, New York 10007 Attn: Public Finance Rating Desk/Refunded Bonds Standard & Poor's Ratings Service 25 Broadway New York, New York 10004 6 f:\renton\w&s revrefD3 2ND DRAFT 9/8/03 For Discussion Purposes Only Section 13. Limitation of Escrow Trustee Duties. None of the provisions contained in this Escrow Agreement shall require the Escrow Trustee to use or advance its own funds in the performance of any of its duties or the exercise of any of its rights or powers hereunder. The Escrow Trustee shall be under no liability for the payment of interest on any funds or other property received by it hereunder except to the extent the Escrow Trustee is required by the express terms of this Escrow Agreement to invest such funds and it fails to do so. The Escrow Trustee's liabilities and obligations in connection with this Escrow Agreement are confined to those specifically described herein. The Escrow Trustee is authorized and directed to comply with the provisions of this Escrow Agreement and is relieved from all liability for so doing notwithstanding any demand or notice to the contrary by any party hereto. The Escrow Trustee shall not be responsible or liable for the sufficiency, correctness, genuineness or validity of the Escrow Obligations or any Substitute Obligations deposited with it; the performance of, or compliance by any party other than the Escrow Trustee with, the terms or conditions of any such instruments or the terms or conditions of this Escrow Agreement; the truth of the recitals herein; or any loss which may occur by reason of forgeries, false representations or the exercise of the Escrow Trustee's discretion in any particular manner unless such exercise is negligent or constitutes willful misconduct. If any controversy arises between the City and any third person, the Escrow Trustee shall not be required to determine the same or to take any action in the premises, but it may, in its discretion, institute an interpleader or other proceedings in connection therewith as it may deem proper, and in following either course, it shall not be liable and shall be indemnified by the City in respect thereof to the Escrow Trustee's satisfaction. The Escrow Trustee may conclusively rely upon and shall be protected in acting upon any statement, certificate, notice, request, consent, order, opinion, report or other document believed by it to be genuine and to have been signed or presented by the proper party. The Escrow Trustee may consult counsel (including, but not limited to, Bond Counsel) in respect of any question arising under this Escrow Agreement, and the Escrow Trustee shall not be liable for any action taken or omitted in good faith upon advice of such counsel. Section 14. Remission of Funds. At such time as the Escrow Trustee shall have received both a certificate of the City to the effect that all of the Escrow Payments have been made and the confirmation of such certificate by the Fiscal Agencies, together with such other evidence of such payment as shall be satisfactory to the Escrow Trustee, the Escrow Trustee shall deliver forthwith or remit to the City any remaining securities and money held pursuant to this Escrow Agreement. Section 15. Compensation of Escrow Trustee. The payment arrangement heretofore made between the Escrow Trustee and the City as to compensation and expenses of the Escrow Trustee for services rendered by it pursuant to the provisions of this Escrow Agreement is satisfactory to it, to the City and no further payment to the Escrow Trustee, other than as provided by such arrangement, shall be required for such purpose. Such arrangement for compensation and expenses is intended as compensation for the ordinary services as contemplated by this Escrow Agreement, and in the event that the Escrow Trustee renders any service hereunder not expressly provided for in this Escrow Agreement, or the Escrow Trustee is 7 fArenton\w&s revref03 2ND DRAFT 9/8/03 For Discussion Purposes Only made a party to or intervenes in any litigation pertaining to this Escrow Agreement or institutes interpleader proceedings relative hereto, the Escrow Trustee shall be reasonably compensated by the City for such extraordinary services and reimbursed for all fees, costs, liability and expenses (including reasonable attorneys' fees) occasioned thereby; provided, that the Escrow Trustee shall have no lien or right of set-off against the Escrow Fund or the money or investments therein. Section 16. Merger of Escrow Trustee; Successor Escrow Trustee. Any corporation or association into which the Escrow Trustee may be converted or merged, or with which it may be consolidated, or to which it may sell or transfer its corporate trust business and assets as a whole or substantially as a whole, or any corporation or association resulting from any such conversion, sale, merger, consolidation or transfer to which it is a party, ipso facto, shall be and become successor Escrow Trustee hereunder and vested with all of the title to the Escrow Fund and all the trusts, powers, discretions, immunities; privileges and all other matters as was it predecessor, without the execution or filing of any instrument or any further act, deed or conveyance on the part of any of the parties hereto, provided that such resulting entity shall meet the requirements of RCW 39.53.070. Further, the obligations assumed by the Escrow Trustee pursuant to this Escrow Agreement may be transferred by the Escrow Trustee to a successor if. (a) the Escrow Trustee has presented evidence satisfactory to the City and Bond Counsel that the successor meets the requirements of RCW 39.53.070, as now in effect or hereafter amended; (b) the successor has assumed all the obligations of the Escrow Trustee under this Escrow Agreement; and (c) the Escrow Fund has been duly transferred to such successor. From and after the date any successor trustee is duly established hereunder, the predecessor Escrow Trustee shall have no duty or responsibility hereunder, and shall in no event be liable for any action or failure to act of the successor. Section 17. Notice of Call of the 1993 Bonds. The City hereby directs the Escrow Trustee to request the Fiscal Agencies give such notice as may be required, at the time(s) and in the manner required pursuant to Ordinance No. 4410, in order to effect the redemption of the 1993 Bonds on October 1, 2003, as described therein. Section 18. Notices. All notices or requests required or permitted to be given hereunder shall, until further notice in writing, be given in writing at the following addresses: To the City: Finance Director City of Renton 1055 South Grady Renton, Washington 98058 (425) 430-6858 (425) 430-6855 (facsimile) with a copy to: Gottlieb, Fisher & Andrews, PLLC 8 fArenton\w&s revrefD3 2ND DRAFT 9/8/03 For Discussion Purposes Only 1325 Fourth Avenue, Suite 1200 Seattle, Washington 98101 (206) 654-1999 (206) 654-8725 (facsimile) To the Escrow Trustee: U.S. Bank National Association PD-WA-T7CT 1420 Fifth Avenue, 7th Floor Seattle, Washington 98101 (206) 344-4687 (206) 344-4632 (facsimile) Section 19. Miscellaneous. This Escrow Agreement is governed by the law of the State of Washington and may not be modified except in a writing signed by the parties. In the event any one or more of the provisions contained in this Escrow Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Escrow Agreement, but this Escrow Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. IN WITNESS WHEREOF, the parties have executed and delivered this Escrow Agreement pursuant to due and proper authorization, all as of --September 30, 2003. CITY OF RENTON, WASHINGTON an Victoria Runkle Finance Director U.S. BANK NATIONAL ASSOCIATION, as Escrow Trustee Authorized Signatory 9 fArenton\w&s revref03 2ND DRAFT 9/8/03 For Discussion Purposes Only SCHEDULEI ESCROW OBLIGATIONS Type of Maturity Par Securi Date Amount Rate Total 10 fArenton\ w&s revrefD3 2ND DRAFT 9/8/03 For Discussion Purposes Only SCHEDULE2 ESCROW VERIFICATION OF CASEY DEMGEN & MOORE INC. [Attached] 11 f:\renton\ w&s revrefD3 2ND DRAFT 9/8/03 For Discussion Purposes Only SCHEDULE3 ISSUANCE COSTS FOR THE BONDS Accounting Fees Bond Counsel Trustee & Counsel Fees Rating Agency Fee Underwriter's Expenses POS/Official Statement Miscellaneous TOTAL 12 R. E\renton\ w&s revref03 August 27, 2003 Semper Fi Renton A Veterans Group Albert D. Valesko Ch. C/O May Creek Kennels 17617 SE May Valley Road Renton, WA 98059 Mr. Jon Jainga Capitol Project Coordinator Renton City Hall-5'' Floor 1055 South Grady Way Renton, WA 98055 Dear Jon, RECEIVED SEP 0 4 2003 MAYORS OFFICE This past winter, I stopped by your office during the retirement party for an old friend of mine, Joe Armstrong. Joe and I did a lot of work together when I maintained the City's storm system_ The reason for this meeting was to find out if any or how many of our Renton Marines, fromithe start of the Korean War up thru 1957 were already engraved and those to be. I left with you a draft of a letter to Toni Nelson past Council President dated April 29, 2002, which I was encouraged to send to Toni by another Council person. As a vote of the council to take over the memorial project from the V.F.W. was coming up. A year later I find she never received the letter. Could you believe it was lost or misplaced between the new Highlands Post Office and City Hall? In that letter, -vas a list of hometown Marines, some 50 guys and one gal, from William Gosset son of the City Treasurer, Dorthy. He was killed in the earlier stages of that war, September 1950. The last name was an honorary member of our group the late Tim Schlitzer, Policemen and Councilmen. I came to you as a representative of our local group. We could get nothing from the engraver or the V.F.W. as a matter of fact the fellow from the V.F.W., I will use no names hung up on me when he found out I wrote to the City. As a true Rentonite, born on the opposite corner from the Memorial at the Bronson Memorial Hospital. Also a Veteran, and person who gave 30 years to the City of Renton, a Retiree, I come to you requesting a computer run off of the names of those to be on the memorial. I was given a list of the donors. From that I found two of our people, Richard Walimaki and Edward Cooks. You stated that "Donna Wescott, Mamoth Stone was too busy to furnish me with said info and that you would." S, Our intentions were that maybe someone from the City being it's an election year, might get on the band wagon and help us do a fund raiser thru the media. Hoping to have a large number of our people on the memorial when dedicated. We were the kids who grew up without a pool, we swam in the river. We remember the late Ed Cross, driving around town with speakers on his car saying "don't forget to vote for the bond issue for a city pool." Thanks to WWII we inherited the North Renton Recreational Hall even though it was outside the city limits that was 6' Avenue North now North 6' Street. We now had a place to go. We were known as rec. rats. And that is where many of us got to know Mr. Gene Coulon; many had him as a teacher in his Recreation Leadership class at R.H.S. If Mr. Coulon were around today, he would have been at the head of the charge to help place our comrades names on the memorial. At the dedication of the memorial, I was surprised when asking about who was going to take care of those vets buried at Greenwood and Mt. Olivet, veterans of the past with no living relatives, and most didn't care, it seems if you don't have the $50.00 you don't belong. I will take it on my own and check the memorial for our people. We will submit between a dozen and twenty names in September. So we may not duplicate, we are requesting a list of those to be engraved on the site, I hope this letter get someone's attention. Our list of Renton Marines is over 60, at this writing. It's too bad my earlier request was snubbed. Semper Fi Mick Zevart, Field Rep. P.S. After our mission of getting our Marines on the memorial, we will get with the class reunion committees and get all Renton Veterans who are eligible to be on the memorial. CC: Park Director Leslie Betlach Mayor Jesse. Tanner. Council President Kathy Keolker Wheeler Council Woman Toni Nelson Council Man King Parker County Journal Dean Radford Renton Reporter Oscar Halpert t 1) 17 41� .A April 29, 2002 Renton City Council Attention: Toni Nelson, Council President Renton City Hall 1055 South Grady Way Renton, WA 98055 In Regards to the Veterans Memorial and Renton Marines Dear Toni, it's been over 50 years since the landing of elements of the 1st. Marine Division, at Inchon, in September 1950. Those being marines of the 131. Marine regiment, under the leadership of Col. Lewis B. Puller, known to his troops and to the Corps as Chesty Puller. Col. Puller would earn his fifth Navy Cross, with his 1st. Marines, protecting the rear of the division, as they took control of the Chosin Reservoir, and again as they fought their way out, on their break out to the sea. Fighting ahead of Puller's outfit, were the 5t", 7"', and thel 1t" Marines. In what some would say was to be the first retreat in Marine Corps history. Major General Oliver Smith, Division commander said they were attacking in another direction as the 1st Division was surrounded by nine divisions of Chinese Communist troops. With snow covered ground and temperature 30 degrees below 0 at�night. With air support from Air Force, Navy, and Marine flyers, and artillery fire from the Divisions own 11t" Marines, they destroyed seven of the nine Communist Divisions, Communist losses from October 13t through December 12, 1950, would be 25,000 dead, and 12,500 wounded. After the battle out of the frozen Chosin, another group of Marines would be ranked with those that landed and fought at the Canal, Iwo, and Tarawa. During this conflict five young men from Renton would be envolved. One would come horne early that fall of 1950. This would be a young man who lived with his parents, on Meadow Street. His mother was the Treasurer of the City of Renton. William Gosset was one of the early battlefield casualties. The other four would return to Renton later. Theses young men were Renton Marines. Later Renton would have Marines from the 38t" parallel, and thru out Korea, North Camp Fuji, on the main island of Japan, Okinawa, and on our own west coast from Kodiak Island Naval Station, Alaska, to Whidbey Island, Bremerton Naval Yard, Bangor, Mair Island Naval Station, Camp Pendleton, Camp Mathews, Marine Corps Recruit Depot, Del Mar, Mira Mar, El Toro, China Lake, Barstow, and 29 Palms. And anyone of these home town marines whether in a chow line or some bar, when asked where ya from? The answer was not Seattle, but Renton Washington and proud of it. at we are After this b-TW description you might have an ide who walked oetti theg at front es Renton Marines, over fifty young men and women door of Renton Hi School, and sometime later as IVla�ripresetedRes want ou anti eCorps. With -the construction of the Veterans M group of Renton Marines on it. At the prase m Go set, have-produced. action, Edward of some fifty plus Renton Marines. From Willis Cook, William Peterson, Donald Johnsonichrd from g50ah u 1957. kWe alsowant those combat vets, to those that enlisted those that served from '1958 thru hwar terrorism as Mar+nesich 's going on now. don't want a half We are working on a roster of thosepeople. dozen or so names on this memorial, we waton hem to all. We er want t re nesber Renton as a Marine town, and we want Re Semper Fi Albert D. Valesko Ronald R. Johnson Michael R. Zevart Renton Marines 1950- 4957 William Gosset Edward Cooks William Peterson * Donald Johnson Arthur Martin Jerry Johnson Donald Malcolm Richard Walimaki Kay Farber Donald Miller * Ronald McGinnis William Arundell Russel Davenport Donald Gustine Loren Irwin Ronald R, Johnson Lawrence Miller William Ogilvie John Plesha Douglas Troyer Class of. 1945 1947 1948 1949 1950 1952 1953 Thomas White William White Thomas Winders Bruce Cole Albert Valesko David Widger Merton Blumehart Frank Mead Philip Lyonis * 1954 Douglas McDonald Raymond Oman George Nelson Gary Routley Thomas Parks Keith Tonkin Robert Dinning Michael Wagner ; Michael R. Zevart Ronald Routley 1955 Gary Dickinson James Carver 1956 James Cooks Robert Jar.ish David Acres Ronald Dengel Ronald Knowels Donald Kelly Jerry Rassmussen Jack Miller Larry Crook Richard Vaiesko 1957 Warren Knudsen Ronald Nelson William Gregory * Those who have passed on We would also like to add to our ranks Policemen — Councilmen, the late Tim Schlitxer as an honorary- Renton Marine. As Veterans we would like all those men and women who came to the call and served their country in the Armed Forces, the Army, Navy, Air Force, Coast Guard and the Marines. Let's not leave anyone out. The Title it cannot be inherited Nor can it ever be purchased. You and no one alive Can buy it for any price. It is impossible to rent And it cannot be lent. You alone and our own Have earned it with Your sweat, blood and lives. You own it forever. The title "United States Marine"