Loading...
HomeMy WebLinkAboutCouncil 09/08/2003AGENDA RENTON CITY COUNCIL REGULAR MEETING September 8, 2003 Monday, 7:30 p.m. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. PROCLAMATION: National Prostate Cancer Awareness Month — September, 2003 4. SPECIAL PRESENTATION: King County Envirostar Awards Presentation 5. PUBLIC MEETINGS: a. Hendrickson Annexation - 10% Notice of Intent Petition to Annex for 21.93 acres located in the vicinity of 141st to 146th Avenues SE, NE Sunset Blvd., and SE 112th Pl. b. Stoneridge Annexation - 10% Notice of Intent Petition to Annex for 28.2 acres located in the vicinity of 144th and 148th Avenues SE, SE 105th Pl., NE 16th St., and SR-900. 6. PUBLIC HEARING: 2004 Community Development Block Grant (CDBG) Funds Allocation 7. 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. 8. ADMINISTRATIVE REPORT 9. 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) 10. 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 August 18, 2003. Council concur. b. Mayor Tanner appoints Connie Sholdra, 1823 Morris Ave. S., Renton, 98055, to the Library Board to fill the unexpired term of Catherine Corman, who has resigned (term to expire 6/1/2007). Refer to Community Services Committee. c. City Clerk submits petition for vacation of portion of the alley located south of S. 2nd St. between Williams and Wells Avenues S.; petition received on 7/30/2003 from Savren Service Corporation, PO Box 358, Renton, 98057, accompanied by required filing fee (VAC-03-002). Refer to Planning/Building/Public Works Administrator; set public hearing on 10/6/2003 to consider the petition. (See 13.a. for resolution setting the public hearing.) d. Community Services Department recommends approval to renew the lease and concession agreement for six years with All My Restaurants for the restaurant and banquet facilities at Maplewood Golf Course. Revenue generated is $195,000 annually. Refer to Community Services Committee. e. Community Services Department recommends approval of an interlocal agreement for development and operation of Grandview Park, an off -leash dog area located within the city limits of SeaTac. City's cost share is $2,503. Council concur. (See 13.b. for resolution.) f. Development Services Division recommends acceptance of the dedication of right-of-way for a 42-foot wide extension of NE 4th Ct. to fulfill a requirement of the Honey Brooke IV Short Plat (SHP-02-110). Council concur. g. Development Services Division recommends acceptance of the dedication of right-of-way of a 15-foot radius at the corner of SE 29th St. and 106th Pl. SE to fulfill a requirement of the High Avenue Short Plat (SHP-01-005). Council concur. h. Finance and Information Services Department requests approval of an ordinance authorizing the issuance of Water and Sewer Revenue Refunding Bonds for the purpose of refinancing debt due to low interest rates. Refer to Finance Committee. i. Fire Department recommends approval to accept an equipment grant from King County (acting as pass through agency for the U.S. Department of Justice) for personal protective and detection devices valued at $8,938.65 for incidents involving weapons of mass destruction. Council concur. j. Fire Department recommends approval to accept a $6,050 grant from King County (acting as pass through agency for the Federal Emergency Management Agency (FEMA) for expenses directly related to adding a terrorism/weapons of mass destruction component to the City's Emergency Management and Operations Plan. Council concur. k. Hearing Examiner recommends approval, with conditions, of the Elle Rain Preliminary Plat; ten single-family lots on 1.78 acres located at 3316 and 3420 NE 17th Pl. (PP-02-047). Council concur. 1. Human Resources and Risk Management Department requests approval of the Renton Police Officers' Guild labor agreement for 2003-2005. Council concur. m. Planning/Building/Public Works Department requests authorization to initiate the surplus property process and order an appraisal for City -owned property located at 901 Harrington Ave. NE (Fire Station #12), and set a public hearing for 11/3/2003, to take testimony on the proposal to declare the property as surplus. Council concur. n. Transportation Systems Division recommends approval of a grant application with the Federal Aviation Administration for a $402,097 grant for the Airport 2003 Taxiway Paving, Lighting and Signage Project. The City's cost share is $44,677. Approval is also recommended to allow the contractor, Gary Merlino Construction Company, to proceed with Schedule C and D for the subject project (CAG-03-037). Council concur. (See 13.c. for resolution.) o. Transportation Systems Division recommends approval of a Transportation Capital Improvement Fund (317) budget adjustment to transfer $19,800 from the 2003 Project Development & Pre - Design Program to fund a supplement to an existing contract (CAG-01-191) for the NE 3rd and 4th Street Corridor Study. Refer to Transportation Committee. (CONTINUED ON NEXT PAGE), p. Transportation Systems Division recommends approval to reallocate $120,000 from the Transit Priority Signal System Program to the Lake Washington Blvd. Slip Plane Project and add the project to the list of projects requiring expenditure in 2003. Refer to Transportation Committee. q. Utility Systems Division recommends approval of the King County - Suburban City Contract - Local Hazardous Waste — 2003" contract accepting $20,958.12 for Renton's 2003 Local Hazardous Waste Management Program. Council concur. (See 13.d. for resolution.) 11. CORRESPONDENCE a. E-mail from Tim Bovey, 920 Kirkland Ave. NE, Renton, 98056, expressing support for a regional off -leash dog area, as well as an off -leash dog area in Renton. Refer to Committee of the Whole. b. Letter from Norman G. Wilcox, Kennydale Lions Club Vice President, PO Box 2153, Renton, 98056, stating that banning fireworks will have a negative impact on the community, as the Kennydale Lions Club donates 100% of the money it earns from the sale of fireworks to individuals, groups, organizations, and agencies within the City of Renton. Refer to Public Safety Committee. 12. OLD BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the chairman if further review is necessary. a. Finance Committee: Vouchers b. Planning & Development Committee: Temporary Signs Obscuring Neighborhood Signs (Real Estate) c. Transportation (Aviation) Committee: AirO, Inc. Airport Building Lease 13. ORDINANCES AND RESOLUTIONS Resolutions: a. Setting a public hearing for 10/6/2003 on the petition to vacate the alley between Williams and Wells Avenues S. (see 10.c.) b. Grandview Park off -leash dog area interlocal agreement (see 10.e.) c. FAA grant for Airport Taxiway Paving, Lighting & Signage Project (see 10.n.) d. 2003 Local Hazardous Waste Management Program grant (see 10.q.) 14. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 15. AUDIENCE COMMENT ffflow-11111TRUIN`I►TWO1_1 COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room, 7th Floor 5:30 p.m. Emerging Issues in the Police, Public Works, and Economic Development, Neighborhoods and Strategic Planning Departments • 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 ADMINISTRATION Execute FAA grant for Airport Runway/Taxiway Lighting, Paving, and Signage Project COMMf'f TEE OF THE WHOLE E-mail from Tim Bovey, 920 Kirkland Ave. NE, Renton, re: off -leash dog park Prohibited use of public facilities for election campaigns COMMUNITY SERVICES CONIlV =E Appointment of Connie Sholdra, 1823 Morris Ave. S., Renton, to the Library Board Lease agreement with All My Restaurants for Maplewood Golf Course restaurant facilities FINANCE COMMITTEE Water and Sewer Revenue Refunding Bonds issuance Proposal to declare City -owned property located at 901 Harrington Ave. NE as surplus MAYOR & CITY CLERK Execute lease with AirO, Inc. for 800 W. Perimeter Rd. Airport building Execute interlocal agreement regarding Grandview Park off -leash dog area Execute agreement accepting King County funds for 2003 Local Hazardous Waste Management Program PLANNING/BUILDING/PUBLIC WORKS ADMINISTRATOR Savren Service Corporation petition to vacate alley between Williams and Wells Avenues S. PUBLIC SAFETY COMMITTEE Letter from Norman G. Wilcox, PO Box 2153, Renton, re: fireworks sales by Kennydale Lions Club TRANSPORTATION (AVIATION) COMMfITEE Fund transfer from Project Development & Pre -Design Program to NE 3rd/4th Street Corridor Study Fund reallocation from Transit Priority Signal System Program to Lake WA Blvd. Slip Plane Project Temporary parking permits for extended services PUBLIC HEARINGS 09/22/2003 — Real estate sign code amendments 10/06/2003 — Petition to vacate alley between Williams and Wells Avenues S. RENTON CITY COUNCIL Regular Meeting September 8, 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; KING PARKER; COUNCILMEMBERS RANDY CORMAN; TONI NELSON; DAN CLAWSON. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBERS TERRI BRIERE AND DON PERSSON. CARRIED. CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE RUSSELL WILSON, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; RYAN ZULAUF, Airport Manager; CAROLYN BOATSMAN, Aquifer Protection Specialist; LINDA KNIGHT, Solid Waste Coordinator; ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; REBECCA LIND, Planner Manager; DENNIS CULP, Community Services Administrator; KAREN BERGSVIK, Human Services Manager; KELLY BEYMER, Golf Course Manager; MIKE WEBBY, Human Resources Administrator; DEREK TODD, Assistant to the CAO; DEPUTY CHIEF GLEN GORDON, Fire Department; COMMANDER CHARLES MARSALISI, Police Department. PROCLAMATION A proclamation by Mayor Tanner was read declaring the month of September, National Prostate Cancer 2003, to be "National Prostate Cancer Awareness Month" in the City of Renton, Awareness Month — urging all men in the community and throughout the country to become aware September, 2003 of their own risks of prostate cancer, talk to their health care providers, and, whenever appropriate, get screened for the disease. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. SPECIAL PRESENTATION Council President Keolker-Wheeler, Aquifer Protection Specialist Carolyn King County: EnviroStars Boatsman, King County Local Hazardous Waste Management Program Awards Presentation EnviroStar Program Manager Laurel Tomchick, and King County Hazardous Waste Management Program Administrator Ken Armstrong all commented on King County's Local Hazardous Waste Management EnviroStars business certification program. EnviroStars is a public agency program that certifies businesses that protect the environment by properly managing and reducing hazardous waste. Once certified, EnviroStar businesses are publicly recognized, and the two- to five-star rating system gives consumers an objective way to evaluate business environmental practices. Ms. Tomchick presented the following EnviroStars certified Renton -area businesses and agencies with certificates: Classic Cleaners, King County Transportation Fleet - Equipment Repair, Renton Veterinary Hospital, Rockwell Collins - Seattle Service Center, Jay's Professional Automotive, Wizards of the Coast, Sunset Square Cleaners, and The Cleaning Shoppe. PUBLIC MEETINGS This being the date set and proper notices having been posted and published in Annexation: Stoneridge, 148th accordance with local and State laws, Mayor Tanner opened the public meeting Ave SE & NE 16th St to consider the Stoneridge 10% Notice of Intent to Annex Petition for approximately 28.2 acres located between Jericho Ave. SE, if extended, on the September 8, 2003 Renton City Council Minutes Page 302 west, 148th Ave. SE on the east, NE 19th St., if extended, on the north, and NE 16th St., if extended, on the south. Senior Planner Don Erickson reported that the site is within the East Renton Plateau Potential Annexation Area and currently consists of eight dwellings and various associated structures. The topography of the area generally slopes northward with a ravine and Greenes Creek running through the middle of the site. He indicated that public services are provided by Fire District #25, Water District #90, Renton sewer, and the Issaquah School District. Existing King County zoning is R-4. The area is designated Residential Rural by Renton's Comprehensive Plan and is prezoned R-5 (five dwelling units per net acre). Reviewing the fiscal impacts of the proposed annexation, Mr. Erickson stated that the City will realize a surplus of $2,138 at full development, assuming an increase to 119 single-family homes and an assessed home value of $290,000. He noted some potential flooding in the area, and suggested mitigation with future development; and except for parks, no impediments to the provision of City services have been identified. In conclusion, he stated that the annexation proposal is generally consistent with Renton policies and Boundary Review Board objectives, and serves the best interests and general welfare of the City. Public continent was invited. Claudia Donnelly, 10415 147th Ave. SE, Renton, 98059, stated that her property is located approximately 500 feet north of the Stoneridge development, and she expressed concern that storm water drainage could damage her property and destroy fish in May Creek, as Greenes Creek runs through her property to May Creek. She displayed photographs of her property showing the results of past water drainage problems. Ms. Donnelly said that City staff informed her that Renton will accept the King County hearing examiner's recommendations regarding the Stoneridge development with some minor modifications, and she questioned what those modifications would be. Noting that Renton's environmental code is not as stringent as King County's, Ms. Donnelly stated that people have a right to annex to Renton; however, she does not want her property ruined or fish destroyed as a result of development. Responding to Councilman Clawson's concern regarding storm water drainage, Mr. Erickson stated that King County's more recent surface water design manual has more stringent water retention requirements than Renton's, and staff stresses the importance of using the higher environmental standards. He noted that annexations are SEPA (State Environmental Protection Act) exempt; however, prior to development, full environmental review will be required. Richard A. Wolf, 14702 SE 105th St., Renton, 98059, stated that he owns seven acres in the proposed annexation area and is in favor of the annexation. One of the reasons he supports the annexation is the availability of sewers. He noted that he owns three additional properties, which he is also considering having annexed by Renton. Curtis Schuster, 12320 NE 8th St., Suite 100, Bellevue, 98005, representing KB Development Corporation, expressed his, support for the annexation. There being no further public comment, it was MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. September 8, 2003 Renton City Council Minutes Page 303 MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL: ACCEPT THE 10% NOTICE OF INTENT TO ANNEX, AMEND THE PROPOSED ANNEXATION AREA TO INCLUDE THE ABUTTING SR-900 - RENTON- ISSAQUAH RD. RIGHT-OF-WAY, AUTHORIZE CIRCULATION OF THE 50% PETITION TO ANNEX, AND REQUIRE THAT PROPERTY OWNERS ASSUME A PROPORTIONAL SHARE OF THE CITY'S BONDED INDEBTEDNESS. CARRIED. Annexation: Hendrickson, NE This being the date set and proper notices having been posted and published in Sunset Blvd & SE 112th Pl accordance with local and State laws, Mayor Tanner opened the public meeting to consider the Hendrickson 10% Notice of Intent to Annex Petition for approximately 22.83 acres roughly located between Graham Ave. NE, if extended, on the west, 145th Pl. SE on the east, if extended, SE Renton - Issaquah Rd. (NE Sunset Blvd.) on the north, and SE 112th Pl., if extended on the south. Don Erickson, Senior Planner, explained that the annexation area is within the East Renton Plateau Potential Annexation Area and contains 14 single-family homes primarily along 142nd Ave. SE, and approximately 25 mobile homes in a mobile home park in the eastern portion of the site. The topography of the site slopes to the northwest with a ravine and Honey Creek running through the middle of a wetland. Reviewing the public services, he noted that the site is served by Fire District #25, by both Water District #90 and Renton water, by Renton sewer, and by both Renton and Issaquah School Districts. Mr. Erickson stated that current King County zoning is R-4 and R-48, noting that the six -acre mobile home park is zoned R-48. Renton's Comprehensive Plan designates the site Residential Single Family and Residential Rural for which R-8 (eight dwelling units per net acre) and R-1 (one dwelling unit per acre) zoning is proposed (changed from the original proposal of R-5 zoning as the applicant expressed interest in developing retirement facilities on the site which is not an allowed use in the R-5 zone). Regarding the fiscal impact of the proposed annexation, he reported that the City will realize a $1,763 surplus at full development, assuming an increase to 113 single-family homes and an assessed home value of $290,000. He noted that the Surface Water Division indicates an erosion potential in the area and suggests mitigation with future development. Mr. Erickson concluded by stating that the proposed annexation is consistent with City policies and Boundary Review Board objectives, and serves the best interests and general welfare of the City. In response to Council President Keolker=Wheeler's inquiry regarding the mobile home park, Mr. Erickson stated that the applicant hopes to develop a retirement community, and the mobile homes will be displaced. Ms. Keolker- Wheeler noted that it is not easy for mobile home owners to find another place to live. Responding to Councilman Clawson's question as to whether a retirement community is allowed under King County's R-48 zoning, Planner Manager Rebecca Lind reported that the site is not presently served by sewer, and extension of sewer through the City of Renton is required prior to any type of redevelopment. The City's policy states that sewer service is only supplied to land use that is allowed by Renton's Comprehensive Plan, which in this case is Residential Rural. Public comment was invited. September 8, 2003 Renton City Council Minutes Page 304 Charles Dietsch, 4108 Jones Ave. NE, Renton, 98056, representing Tridelt, Inc., owners of property located within the City limits at the corner of NE Sunset Blvd. and Hoquiam Ave. NE, west of the annexation site, pointed out that this property, zoned R-8, contains a wetland, and approximately 28 single- family homes could be built on it. Mr. Dietsch indicated that there is a large drop-off on the eastern portion of the annexation site from NE Sunset Blvd. to Honey Creek, and he expressed concern regarding how much development will be allowed on that portion of the site and the affect development will have on storm water drainage into Honey Creek. He emphasized that he does not want Tridelt's property to be considered only as a wetland if water drainage issues arise as a result of development in neighboring areas. Patrick Blodgett, 14218 SE 112th St., Renton, 98059, inquired as to what the cost of the annexation is to homeowners, and what must happen for the 50% Petition to Annex to be successful. He also expressed concern regarding water runoff, noting that Honey Creek is a salmon -class tributary. Mayor Tanner explained that the petition requires 50% of the registered voters and 50% of the owners of taxable property. Councilman Parker assured that the City addresses surface water runoff issues during the course of the development process. Mr. Erickson reiterated that annexations are exempt from environmental review; however, environmental review is required if there is a change in zoning, and at the time of development of the specific project. In regards to the cost of the annexation, Councilman Clawson noted that the cost of the annexation is borne by the annexation proponents, and Renton taxes are similar to King County taxes. In response to Councilman Corman's inquiry regarding the environmental issues and the May Creek Basin Plan, Planner Manager Rebecca Lind explained that the May Creek Basin Plan provisions are implemented through the zoning. Additionally, when the environmental review is conducted at the project level, the May Creek Basin Plan is reviewed by City staff. Don Arsenault, 3502 N. 36th St., Tacoma, 98407, representing the petitioner, pointed out that the portion of the annexation area zoned R48 could potentially be developed at 72 units per acre in King County. He explained that when a developer changes the use of an existing mobile home park, residents must be given a year's notice and the developer must assist residents in relocating elsewhere. Stating that the sewer terminates at the northwest corner of this area, Mr. Arsenault relayed that due to the location of the ravine, the City has future plans to extend the sewer though the mobile home park to service homes to the south. He indicated that the developer is reviewing options for the best use of the site, including a retirement community. A previous speaker, Charles Dietsch, inquired as to whether homeowners with septic tanks are required to pay for the sewer extension. Councilman Corman replied that an assessment will be made against the homeowners property; however, homeowners would not pay until they hookup to the sewer system. There being no further public comment, it was MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. September 8, 2003 Renton City Council Minutes Page 305 Expressing his concern regarding the mobile home park residents and the lack of affordable housing, Councilman Clawson stated that he would like more time to investigate the relocation issue and questioned the time constraints of the matter at hand. Recommending that action be taken this evening, Councilman Parker pointed out that the action only entails the 10% annexation petition, and development of the site will be addressed in the future. He moved that Council accept the 10% notice of intent to annex, amend the proposed annexation area to include the abutting SR-900 - SE Renton -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. Mayor Tanner noted that the motion failed for lack of second. (See page 307 for further discussion on this matter.) PUBLIC HEARING This being the date set and proper notices having been posted and published in Human Services: 2004 CDBG accordance with local and State laws, Mayor Tanner opened the public hearing Fund Allocations to consider the 2004 funding recommendations for the allocation of Community Development Block Grant (CDBG) funds. Karen Bergsvik, Human Services Manager, stated that the Human Services Advisory Committee reviewed the applications and interviewed the agencies. She indicated that the City is anticipating a decrease in the amount of public services funding in 2004, and all agencies that are currently funded by CDBG grants will not receive the same amount of funding as in 2003. Ms. Bergsvik reported that three new agencies applied for public services funding, and of those, it was determined that the Institute for Family Development's program for troubled youth was the most worthy of funding. She also reported that federal regulations now allow capital funds to be used for employment programs if a community development based organization is used; therefore, capital funds will be used for a new pilot program - the Multi -Service Center's employee development services program. Ms. Bergsvik explained that the 2004 CDBG contingency plan provides for what occurs if the City receives more or less funding than anticipated. If there is an increase in public services funding of less than $5,000, the funding will be distributed equally to the six agencies receiving funding. If the increase is greater than $5,000, the Institute for Family Development will receive funding up to a maximum of $8,000. In conclusion, she stated that while there is always room for improvement in the funding allocation process, the Human Service Advisory Committee is comprised of very dedicated individuals and they make the best decisions that they can. (See page 311 for the listing of the CDBG funds distribution and the contingency plan's provisions.) Responding to Council President Keolker-Wheeler's questions, Ms. Bergsvik confirmed that if public services funding is increased by more than $5,000, the six funded agencies do not receive any more funding unless funds in excess of $8,000 are received. She noted that the Human Services Advisory Committee wanted to fund the Institute for Family Development without taking away from the current allocations, and the only way to do so was through the contingency plan. Confirming that all six agencies will receive less money in 2004 due to the decrease in public services funding, Ms. Bergsvik explained that the Human Services Advisory Committee does not determine a percentage of cuts, instead September 8, 2003 Renton City Council Minutes Page 306 the Committee looks at the "big picture" by reviewing how much money is available, the amount the agency is applying for, and the needs of the agency. In response to Councilman Clawson's inquiry regarding the Multi -Service Center, Ms. Bergsvik stated that federal regulations allow capital funds to be used for employment -related programs and this is the first time capital funds have been used in this way. She estimated that $375,000 in capital funds is available for 2004, and $60,000 is recommended for this purpose. Public comment was invited. Terri Kimball, Executive Director of DAWN (Domestic Abuse Women's Network), stated that DAWN requested funding for 2004 at the same level as 2003. Noting that DAWN received a 17% cut in 2004 funding whereas the other funded agencies received a 3% to 4% cut, she explained that the $2,000 cut is of concern to DAWN as well as the contingency plan's provision that spreads additional money equally among the funded agencies and makes no effort to restore funding for those most deeply cut. Ms. Kimball stressed the importance of objective ratings for the allocation of public funding, and she recommended that the contingency plan be changed to first restore funding to those funded agencies with the deepest cuts. Carol Chappelle, Human Services Advisory Committee Chair, 2208 Lyons Ave. NE, Renton, 98059, urged Council to adopt the Human Services Advisory Committee's 2004 CDBG funding recommendations. Reporting that the demand for 2004 CDBG funds exceeded availability by 36%, Ms. Chappelle explained that the Committee strives to meet the existing needs of previously funded agencies while considering the emerging needs of the community and the new agencies meeting those needs. Continuing, Ms. Chappelle emphasized that the Committee greatly appreciates the services DAWN provides to the community. She reviewed the funding DAWN has received since 1998, noting that in 2003 the agency received $10,049, and when additional CDBG funding became available, $2,039 was allocated to DAWN per the provisions of the 2003 contingency plan. Ms. Chappelle indicated that the Committee decided to fund DAWN at the same amount as last year, not withstanding the contingency plan, and pointed out that domestic violence prevention is also being funding through the general fund. Councilwoman Nelson stressed that the Human Services Advisory Committee carefully reviews all funding requests, and she stated that the Community Services Committee agrees with the funding recommendations. Councilman Clawson suggested that additional funding for human services be considered during the budget process. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 311 for the Community Services report on this subject.) RECESS MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9:00 p.m. The meeting was reconvened at 9:09 p.m.; roll was called; all Councilmembers present except Briere and Persson, previously excused. September 8, 2003 Renton City Council Minutes Page 307 APPEAL Mayor Tanner announced that the Planning and Development Committee report Planning & Development regarding the appeal of the Clover Creek H Preliminary Plat (PP-01-034) will Committee not be reported out at this time. Appeal: Clover Creek II Preliminary Plat, Labrador Ventures, PP-01-034 Annexation: Hendrickson, NE Discussion continued on the Hendrickson 10% Notice of Intent to Annex Sunset Blvd & SE 112th Pl Petition with Assistant City Attorney Russ Wilson's explanation that according (continued) to State law (RCW 35A.14.120), Council must accept, reject, or modify the petition within 60 days of its submittal to the City (it was filed on 7/18/2003). Therefore, action must be taken no later than next week's Council meeting or the City will be in violation of the statute. Responding to Councilman Clawson's inquiries, Mr. Wilson confirmed that if Council rejects the petition, the proponent will have to submit another petition. Economic Development Administrator Alex Pietsch estimated that the resubmitted petition may take the same amount of processing time as the current one did. Councilman Clawson requested that staff provide additional information regarding the alternatives available for the mobile home park residents. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL HOLD THE MATTER OF THE HENDRICKSON 10% NOTICE OF INTENT PETITION FOR ONE WEEK. CARRIED. Council President Keolker-Wheeler also requested that staff provide information as to what the State law is with regard to mobile home relocation, and she questioned whether the residents in the mobile home park are aware of this action. Councilman Parker agreed that all of these questions are important; however, the City has no control over the property currently, and the questions can be, addressed if the property is annexed to the City. Council President Keolker-Wheeler stressed that she wants to know the regulations related to the relocation of mobile home park residents prior to voting on the 10% annexation petition. 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 fall recreation brochure is now available at the Community Center and City libraries. Another power outage was experienced on the Renton Grady 15 power grid on September 5, which affected downtown customers along S. 2nd and S. 3rd Streets. Puget Sound Energy (PSE) replaced a damaged underground electrical elbow, and indicated that they intend to complete infrared testing of the Grady 15 to try and locate additional weak spots in the system. The Administration is preparing a letter to PSE requesting that PSE take all needed steps to replace aging infrastructure and bring their service up to acceptable levels. September 8, 2003 Renton City Council Minutes Page 308 * Renton residents can dispose of their household recyclable items during the 2003 Fall Recycling Day, which will be held on September 13, from 9:00 a.m. to 3:00 p.m. at Renton Technical College's north parking lot. AUDIENCE COMMENT Sandel DeMastus, Highlands Community Association (HCA) President, 1137 Citizen Comment: DeMastus - Harrington Ave. NE, Renton, 98056, reported that there was a great turnout at Highlands Neighborhood the Highlands neighborhood picnic and she thanked everyone who helped with Picnic, Highlands Community the event. Additionally, she announced that Renton Fire Battalion Chief Chuck Association Duffy will speak at the next HCA meeting on September 25. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilman Clawson, item 10.m. was removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of August 18, 2003. Council concur. August 18, 2003 Appointment: Library Board Mayor Tanner appointed Connie Sholdra, 1823 Morris Ave. S., Renton, 98055, to the Library Board to fill the unexpired term of Catherine Corman, who has resigned (term to expire 6/l/2007). Refer to Community Services Committee. Vacation: Alley between City Clerk submitted petition for vacation of portion of the alley located south Williams & Wells Aves S, of S. 2nd St. between Williams and Wells Avenues S.; petition received on Savren Service Corporation, 7/30/2003 from Savren Service Corporation, PO Box 358, Renton, 98057, VAC-03-002 accompanied by required filing fee (VAC-03-002). Refer to Plannin uildinp/Public Works Administrator; set public hearing on 10/6/2003 to consider the petition. (See page 312 for resolution setting the public hearing.) Community Services: Community Services Department recommended approval to renew the lease Maplewood Golf Course and concession agreement for six years with All My Restaurants for the Restaurant Facilities Lease, restaurant and banquet facilities at Maplewood Golf Course. Revenue All My Restaurants generated is $195,000 annually. Refer to Community Services Committee. Community Services: Off- Community Services Department recommended approval of an interlocal Leash Dog Park (Grandview agreement for development and operation of Grandview Park, an off -leash dog Park) Interlocal Agreement area located within the city limits of SeaTac. City's cost share is $2,503. Council concur. (See page 313 for resolution.) Development Services: Honey Development Services Division recommended acceptance of the dedication of Brooke IV Short Plat ROW right-of-way for a 42-foot wide extension of NE 4th Ct. to fulfill a requirement Dedication at NE 4th Ct of the Honey Brooke IV Short Plat (SHP-02-110). Council concur. Development Services: High Development Services Division recommended acceptance of the dedication of Avenue Short Plat ROW right-of-way of a 15-foot radius at the corner of SE 29th St. and 106th Pl. SE to Dedication at SE 29th St fulfill a requirement of the High Avenue Short Plat (SHP-01-005). Council concur. Finance: Bond Issuance, Water Finance and Information Services Department requested approval of an & Sewer Revenue Refunding ordinance authorizing the issuance of Water and Sewer Revenue Refunding Bonds for the purpose of refinancing debt due to low interest rates. Refer to Finance Committee. Fire: Personal Protective & Fire Department recommended approval to accept an equipment grant from Detection Devices, King King County (acting as pass through agency for the U.S. Department of Justice) County Grant for personal protective and detection devices valued at $8,938.65 for incidents involving weapons of mass destruction. Council concur. September 8, 2003 Renton City Council Minutes Page 309 Fire: Emergency Management Fire Department recommended approval to accept a $6,050 grant from King & Operations Plan Terrorism County (acting as pass through agency for the Federal Emergency Management Component, King County Agency) for expenses directly related to adding a terrorism/weapons of mass Grant destruction component to the City's Emergency Management and Operations Plan. Council concur. Plat: Elle Rain, NE 17th Pl, Hearing Examiner recommended approval, with conditions, of the Elle Rain PP-02-047 Preliminary Plat; ten single-family lots on 1.78 acres located at 3316 and 3420 NE 17th Pl. (PP-02-047). Council concur. Human Resources: Labor Human Resources and Risk Management Department requested approval of the Contract, Police Officers Guild Renton Police Officers' Guild Commissioned Unit labor agreement for 2003 - 2005. Council concur. Airport: Runway/Taxiway Transportation Systems Division recommended approval of a grant application Lighting Signage & Paving with the Federal Aviation Administration for an estimated $402,097 grant for Project, FAA Grant (Schedule the Airport 2003 Taxiway Paving, Lighting, and Signage Project. The City's C & D) cost share is $44,677. Approval is also recommended to allow the contractor, Gary Merlino Construction Company, Inc., to proceed with Schedule C and D for the subject project (CAG-03-037). Council concur. (See page 313 for resolution.) Transportation: NE 3rd/4th Transportation Systems Division recommended approval of a Transportation Street Corridor Study (CAG- Capital Improvement Fund (317) budget adjustment to transfer $19,800 from 01-191), Fund Transfer the 2003 Project Development and Pre -Design Program to fund a supplement to an existing contract (CAG-01-191) for the NE 3rd and 4th Street Corridor Study. Refer to Transportation Committee. Transportation: Lake WA Blvd. Transportation Systems Division recommended approval to reallocate $120,000 Slip Plane Project, Fund from the Transit Priority Signal System Program to the Lake Washington Blvd. Transfer . Slip Plane Project and add the project to the list of projects requiring expenditure in 2003. Refer to Transportation Committee. Solid Waste: 2003 Local Utility Systems Division recommended approval of the "King County - Hazardous Waste Management Suburban City Contract - Local Hazardous Waste - 2003" contract accepting Program $20,958.12 for Renton's 2003 Local Hazardous Waste Management Program. Council concur. (See page 313 for resolution.) MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 10.m. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Planning/Building/Public Works Department requested authorization to initiate Item 10.m. the surplus property process and order an appraisal for City -owned property Public Works: Surplus of City- located at 901 Harrington Ave. NE (Fire Station #12), and a set a public hearing Owned Property, 901 for 11/3/2003, to take testimony on the proposal to declare the property as Harrington Ave NE surplus. Councilman Clawson questioned whether selling the property at this time is within the best interest of the City due to the down real estate market. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL REFER THIS ITEM TO THE FINANCE COMMITTEE. CARRIED. Community Services: Off- Council President Keolker-Wheeler stated that the issue regarding the off -leash Leash Dog Park (Grandview dog park remains in Committee of the Whole. She explained that action taken Park) Interlocal Agreement for consent agenda item 10.e. was approval of an interlocal agreement with King County and various cities for the Grandview Park off -leash dog area in the September 8, 2003 Renton City Council Minutes Page 310 City of SeaTac. She noted that the City's one time cost share is $2,503, and its labor cost is 16 hours annually. CORRESPONDENCE Correspondence was read from Tim Bovey, 920 Kirkland Ave. NE, Renton, Citizen Comment: Bovey - 98056, expressing support for the establishment of a regional off -leash dog Off -Leash Dog Park area, as well as an off -leash dog area in Renton. MOVED BY KEOLKER- WHEELER, SECONDED BY CORMAN, COUNCIL REFER THIS CORRESPONDENCE TO COMMITTEE OF THE WHOLE. CARRIED. Citizen Comment: Wilcox - Correspondence was read from Norman G. Wilcox, Kennydale Lions Club Firework Sales by Kennydale Vice President, PO Box 2153, Renton, 98056, stating that banning fireworks Lions Club will have a negative impact on the community, as the Kennydale Lions Club donates 100% of the money it earns from the sale of fireworks to individuals, groups, organizations, and agencies within the City of Renton. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL REFER THIS CORRESPONDENCE TO THE PUBLIC SAFETY COMMITTEE. CARRIED. OLD BUSINESS Finance Committee Chair Parker presented a report recommending approval of Finance Committee Claim Vouchers 218203 - 218733 and three wire transfers totaling Finance: Vouchers $2,532,638.33; and approval of Payroll Vouchers 45960 - 46286, one wire transfer and 571 direct deposits totaling $1,805,726.63. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Parker presented a report recommending approval of Claim Vouchers 218734 - 218990 and two wire transfers totaling $2,864,291.61; and approval of Payroll Vouchers 46287 - 46556, one wire transfer and 565 direct deposits totaling $1,787,199.27. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: State Audit Councilman Parker stated that he attended the City's exit conference with the State auditors, and noted that they reported "no audit findings" which means that the City of Renton finances are in order. Utility: 2004 Capital Councilman Corman reported that the Utilities Committee was briefed on the Improvement Program, 2004 Utility Capital Improvement Program, and he noted that an upcoming Highlands Area Improvements project involves infrastructure improvements in the Highlands area. Community Services Community Services Committee Chair Nelson presented a clean-up report for Committee the following two items listed on the Committee's referral list and Community Services: recommended that the referrals be closed: Community Services Agenda 0 Referral 1735 - Renton Civic Theatre Request for Promotional and Item Clean-up Report Financial Assistance. This matter was taken into consideration as part of the 2003 Budget discussions. 0 Referral 1568 - Tree Replacement Funding. The Committee met to discuss this issue and has decided not to make any formal changes to the way staff currently handles this issue, on a case -by -case basis, at this time. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. September 8, 2003 Renton City Council Minutes Page 311 Human Services: 2004 CDBG Community Services Committee Chair Nelson presented a report concurring Fund Allocations with the Human Services Advisory Committee recommendation that 2004 Community Development Block Grant (CDBG) funds be distributed as follows: CDBG PUBLIC SERVICES Communities in Schools of Renton $15,000 Community Health Centers of King County $15,000 Domestic Abuse Women's Network $10,000 E1derHealth NW/Connection $9,715 Emergency Feeding Program $14,000 Visiting Nurse Services of the Northwest $8,000 Total $71,715 CDBG CAPITAL REQUESTS City of Renton Housing Repair Assistance Program $205,250 Multi -Service Center $60,000 King County Major Housing Repair Program $50,000 Total $315,250 PLANNING & ADMINISTRATION $54,575 The Committee also recommended adoption of the 2004 CDBG Contingency Plan as recommended by the Human Services Advisory Committee should the amount of funding available for 2004 increase or decrease. If there is an increase in CDBG public services funding of less that $5,000, the increase will be distributed equally to the six agencies receiving funding. Should the increase be greater than $5,000, the Institute for Family Development's PACT program will be funded to a maximum of $8,000. Funds in excess of that will be distributed proportionately to the already -funded programs except PACT, with a maximum amount not to exceed the amount requested in their application. If there are any remaining funds after the above distribution, the Community Health Centers of King County will receive the balance for the dental program. If there is a decrease in the public services funding, agency funding will be decreased proportionately. If there is an increase in CDBG capital funding, the funds will be carried over to the 2005 CDBG program year unless the Human Services Advisory Committee requests new applications/concept papers for funds and/or additional Council action is taken to allocate funds. If there is a decrease in the capital funding, the decrease will be applied proportionately to all funded projects Any additional funds for planning and administration activities will be allocated to cover existing administrative costs for the Renton CDBG program. Funds not used for administration of the program will be applied toward the cost of updating Linkages, Renton's Human Services Needs Assessment, and analysis and dissemination of 2000 census data. If there is a decrease in planning and administration funds, funding will be decreased by that amount. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Vice Chair Nelson presented a report Committee recommending approval of the AirO, Inc. ground and building lease for the 800 Lease: AirO Inc, Airport W. Perimeter Rd. building located at the Airport, and recommended that September 8, 2003 Renton City Council Minutes Page 312 Council authorize the Mayor and City Clerk to execute the lease agreement. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning and Development Committee Vice Chair Clawson presented a report Committee regarding the Highlands redevelopment area residential -oriented City Code Planning: Highlands amendments. The Committee met on July 17, August 7, and September 4 to Redevelopment Area, consider the Planning Commission's recommended approval of City Code Harrington Square amendments to Title IV (Development Regulations) that are designed to: encourage new residential development in the Highlands. The Planning Commission recommended allowing up to 80 dwellings units per net acre maximum bonus density and urban parking standards within the existing Residential Bonus District in the Highlands redevelopment area in exchange for higher design standards and on -site open space requirements. A public hearing was held on this matter on August 4, 2003. Subsequent Committee meetings discussed ways to mitigate for shadow impacts of taller residential buildings allowed under the staff proposal. The Committee recommended concurrence in the recommendation of staff to add a provision that reduces height to no more than 45 feet within 80 feet of a property zoned R-8 or R-10 within the Center Suburban Zone's District C of the Suburban Centers Residential Bonus Overlay. The Committee concurred with the Planning Commission's recommendation on amendments to Title IV encouraging residential redevelopment with the modification that height restrictions be imposed for residential, commercial, and mixed -use development to the areas within 80 feet of R-8 and R-10 zones within the Highlands redevelopment area. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Development Services: Real Planning and Development Committee Vice Chair Clawson presented a report Estate Sign Code Amendments regarding real estate sign code amendments. The Committee met to review and discuss potential revisions to the real estate sign code regulations established in City Code Title IV (Development Regulations). Currently City Code limits the height and location of real estate signs throughout the City. However, in an effort to make the City Code more in -line with current practices, easier to use, and more enforceable, staff has proposed amending this section of Title IV. The Committee recommended that a public hearing be set on September 22, 2003, to discuss the real estate sign code amendments. MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3654 A resolution was read setting a public hearing on October 6, 2003, for vacating Vacation: Alley between the alley located south of S. 2nd St., between Williams Ave. S. to the west and Williams & Wells Aves S, Wells Ave. S. to the east (Savren Service Corporation; VAC-03-002). MOVED Savren Service Corporation, BY KEOLKER-WHEELER, SECONDED BY PARKER, COUNCIL ADOPT VAC-03-002 THE RESOLUTION AS READ. CARRIED. September 8, 2003 Renton City Council Minutes Page 313 Resolution #3655 A resolution was read authorizing the Mayor and City Clerk to enter into an Community Services: Off- interlocal agreement entitled "Agreement Regarding Development and Leash Dog Park (Grandview Operation of a Grandview Park Off -Leash Dog Area." MOVED BY Park) Interlocal Agreement KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3656 A resolution was read authorizing the Administration to complete and file an Airport: Runway/Taxiway application with the Federal Aviation Administration for a grant for the Lighting Signage & Paving Runway/Taxiway Lighting, Signage and Paving Project, and subsequent Project, FAA Grant (Schedule contracts relating to this grant. MOVED BY CORMAN, SECONDED BY C & D) NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3657 A resolution was read authorizing the Mayor and City Clerk to execute the Solid Waste: 2003 Local Suburban City contract between King County and the City of Renton for the Hazardous Waste Management 2003 Local Hazardous Waste Management Program. MOVED BY Program KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. NEW BUSINESS Councilman Parker reported that he was contacted by the owner of Sharon's Development Services: Shear Delight Styling Salon regarding the possibility of the City issuing Temporary Parking Permits for businesses temporary parking permits for an extended amount of time as some Extended Services businesses offer services that take longer than two hours to complete. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL REFER THE ISSUE OF TEMPORARY PARKING PERMITS FOR EXTENDED SERVICES TO THE TRANSPORTATION COMMITTEE. CARRIED. Council: Prohibited Use of Stressing that Council meetings should not be used for election campaign Public Facilities for Election purposes, it was MOVED BY CLAWSON, SECONDED BY KEOLKER- Campaigns WHEELER, COUNCIL REFER THE ISSUE OF THE PROHIBITED USE OF PUBLIC FACILITIES FOR ELECTION CAMPAIGNS TO COMMITTEE OF THE WHOLE. CARRIED. Mayor Tanner expressed his agreement and reported that the Public Disclosure Commission (PDC) has suspended its investigation of these types of complaints pending the Supreme Court's decision related to the constitutionality of the statute that created the PDC. ADJOURNMENT MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 9:55 p.m. BONNIE I. WALTON. City Clerk Recorder: Michele Neumann September 8, 2003 CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING September 8, 2003 COMMITTEE/CHAIRMAN , DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 9/15 Boeing Environmental Impact Statement (Keolker-Wheeler) 5:00 p.m. Comprehensive Plan & Zoning COMMUNITY SERVICES (Nelson) FINANCE (Parker) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY (Clawson) TRANSPORTATION (AVIATION) (Persson) UTILITIES (Corman) MON., 9/15 IKEA Performing Arts Center Use 4:00 p.m. Agreement with Renton School District; Maplewood Golf Course Concessionaire Agreement; Connie Sholdra Appointment to Library Board MON., 9/15 Vouchers 3:30 p.m. 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. CITY OF RIENTON Mayor Jesse Tanner Whereat; September, 2003, is National Prostate Cancer Awareness Month; and W heYea4, in the year 2003 approximately 189,000 men in the United States will learn they have prostate cancer, and across the nation prostate cancer is the most commonly diagnosed non - skin cancer in men; and Whe,rea4; approximately 30,200 men will lose their lives to this disease in 2003, and one in six men in the nation are at risk of developing prostate cancer during their lifetime; and W hewea,; it is known that about 25 percent of prostate cancer occurs in men under the age of 65 during their prime work years and, at any age, prostate cancer devastates families through loss of income, partnership, and support; and W he -ea4; prostate cancer leaves too many parents, women, children, and other family members without a man they love, and African American families are disproportionately affected due to African American men having the highest prostate cancer incidence and mortality rates in the world; and Wherea4; research suggests that men could reduce their risk of prostate cancer mortality by following recommended prostate screening guidelines, including examination by a health care provider and increased awareness and use of early detection practices; Nov, Tlev'ejfbve; I, Jesse Tanner, Mayor of the City of Renton, do hereby proclaim the month of September, 2003, to be Nate' Pras-ta tbei C in the City of Renton, and urge all men in our community and throughout the country to become aware of their own risks of prostate cancer, talk to their health care providers about prostate cancer, and, whenever appropriate, get screened for the disease. In witness whereof, I have hereunto set my hand and caused the s affixed this 8th day of September, 2003. _ A esse Tanner', -Mayor of the City of Renton, Was City of Renton to be 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6500 / FAX (425) ® This paper contains 50 % recycled material, 30 % post consumer RENTOT AHEAD OF THE CURVE ENVIROSTARS Renton EnviroStars Certified Businesses: High -lights -of Envir-onmentally_Resp-onsibleAccomplishments 5stars ➢ Classic Cleaners, 1630 Duvall Ave NE #H - Owner Mr. Dae Rhee Dry cleaning wastes are properly managed, employees receive routine chemical handling training, recordkeeping documents are well organized, a hazardous spot cleaner was discontinued. Owner promotes environmentally responsible practices through the Korean Dry Cleaners Association meetings. ➢ King County Transportation Fleet - Equipment Repair,155 Monroe Ave NE #G Windell Mitchell/Fleet Manager, Bob Toppen/Equipment Maintenance Manager, Joyce Mitchell Eliminated approximately 225 gallons of hazardous solvent per year. Air iv, are sonic -cleaned i for reuse. Becomina a lead aaencv for hybrid vehicles. They share their EnviroStars practices at I . national conferences in presentations for peers. ➢ Renton Veterinary Hospital,128 Rainier Ave S - Owner Dr. Jan White, Tami; Installed a double canister silver recovery system for x-ray processing, authored an article for Veterinary trade journal, worked with their janitorial service to ensure least hazardous cleaning products used, enthusiastic staff stay on top of environmental issues. ➢ Rockwell Collins - Seattle Service Center, 620 Naches Ave SW - Jerry Fankhauser/Environmental Health & Safety Coordinator, Mr. Lynn Neece/Facility shift lead Eliminated vapor degreaser solvent process, extensive measurement and monitoring systems to continually improve waste management and minimization. ISO 14000 certified. 4stars ➢ Jay's Professional Automotive, 4233 NE Sunset Blvd - Owners Jay & Laura Waite Facility was designed with efficient waste prevention and recycling in mind, including a water-. based parts washer and a coolant exchanger which cleans and returns antifreeze to vehicles. Owners have educated and inspired improvements in neighboring businesses. ➢ Wizards of the Coast,1801 Lind Ave SW - Barry Holldorf/Facilities & Safety Manager, Hans Rosta/Facilities Project Manager, Adel Rom/Human Resources Switched from photoprocessing chemistry to digital and direct -to -plate processing, switched from turpentine to less hazardous adhesive and paintbrush cleaner. Worked with property manager to ensure flourescent lamps are recycled. Participating in the Climate Leaders program to reduce greenhouse gas emissions. 2stars ➢ Sunset Square Cleaners, 1314 Union Ave NE Owner Sykhay Dan; This dry cleaner is properly managing their wastes and has a preventative equipment maintenance program in place. ➢ The Cleaning Shoppe, 2830 NE Sunset Blvd - Owner Sung Kang; This dry cleaner is properly managing their wastes and has a preventative equipment maintenance program in place. Local Hazardous Waste Management Program in King founty - 130 Nickerson St., Suite 100 - Seattle, WA 98109 - Toll Free Phone 1-811-220-7827 EnviroStars - Certifies Businesses For Preventing Pollution And Reducing Hazardous Wa... Page 1 of 2 Find an EnviroStars Certified (Business Rockwell Collins - Seattle Service ErmiroSters Search ]Farm Center 5 Star Rating Featured EnviroStars 620 Naches Ave SW Green !Home Kit Renton, WA 98055 (425)226-1550 Automotive Services: King County - Transportation -. Fleet - Equipment Repair 5 Star Rating 155 Monroe Ave NE #G Renton, WA 98056 (206)296-8159 Jay's Professional Automotive ,. 4233 NE Sunset Blvd 4 Star Rating Renton, WA 98059 (425)277-5068 Walt's Auto Care Centers - Benson 10650 SE 180th St #E-03 3 Star Rating Renton, WA 98055 (425)228-5315 Walt's Auto Care Centers - Renton 64 Logan Ave S 3 Star Rating Renton, WA 98055 (425)255-8802 Dentists: Hodge, Philip, DDS, PS �? .� 1.9221 108th Ave SE #4 3 Star Rating Renton, WA 98055 (253)852-4767 Lee, Tom, DDS, MPH 14300 SE Petrovitsky Rd 3 Star Rating Renton, WA 98058 (425)226-2100 Valley Implants & Periodontics tr 1�? Ti3 16655 108th AVE SE 3 Star Rating Renton, WA 98055 (425)271-5812 Dry Cleaning: Classic Cleaners - Renton http://www.envirostars.com/businesses/find/results.cfin 9/8/2003 EnviroStars - Certifies Businesses For Preventing Pollution And Reducing Hazardous Wa... Page 2 of 2 King County, Washington 1630 Duvall Ave NE Renton, WA 98059 (425)235-4887 Dry Clean U.S. 10575 SE Carr Rd Renton, WA 98055 (425)27.1-7065 5 Star Rating �ar tr Ti S 4 Star Rating Renton 14410 SE Petrovitsky Rd #115 4 Star Rating Renton, WA 98058 (206) 263-3066 Sunset Square Cleaners 1314 Union Ave NE Renton, WA 98056 2 Star Rating (425)228-4878 The Cleaning Shoppe r: ! 2830 NE Sunset Blvd 2 Star Rating Renton, WA 98056 (425)228-4653 Government Agencies: Seattle - Public Utilities - Lake Youngs Maintenance 18015 Se Lake Youngs Rd 3 Star Rating Renton, WA 98058 (206)226-5635 Manufacturing: Wizards of the Coast 1 1., P.O. BOX 707 Renton, WA 98055 2 Star Rating (425)917-6161 www.wizards.com Veterinary Hospitals and Clinics: Renton Veterinary Hospital I� tF 128 Rainier Ave S Renton, WA 98055 5 Star Rating (425) 255-8676 Read More... Search Again (c ntasct Us Tall Free: 1-877-22:0-7827 http://www.envirostars.com/businesses/find/results.cfin 9/8/2003 For more information, contact: Laurel Tomchick King County EnviroStars (206) 263-3063 1 aurel .tomchick @ metrokc. gov ENVIROSTARS Erika Schmidt The Frause Group (206) 352-6402 eschmidt@frause.com More than 340 King County Businesses Now Certified and Recognized for their Commitment to Environmental Responsibility Residents Believe the EnviroStars Program Has a Positive Impact on Local Communities SEATTLE, Wa. (June 4, 2003) — The King County environmental business certification program, EnviroStars, has experienced steady growth since its inception in 1995. Today, more than 340 businesses throughout 26 different neighborhoods, from Auburn to Vashon, have been certified and recognized for their efforts to protect the environment. "People throughout the County should know that there are businesses in their neighborhood that are working hard to protect the environment," noted Laurel Tomchick, EnviroStars program manager for the Local Hazardous Waste Management Program, King County Department of Natural Resources and Parks. "We encourage people to learn more about the benefits of choosing an EnviroStars-certified business for a variety of services, from dry cleaning to car repair to landscaping. These businesses are doing the right thing to protect our communities' natural resources and to build sustainable choices into our economy." Recently, EnviroStars hired a market research firm, Evans McDonough, to conduct a telephone survey in King County to determine public awareness of the program and support for its founding principles. The survey showed that familiarity with the EnviroStars program has more than doubled in four years; 17 percent of those surveyed know of the EnviroStars program compared to seven percent in 1999. Of those residents who had heard of the program, 26 percent have knowingly patronized an EnviroStars certified business. (more) EnviroStars Program Continues to Grow Add 1 Importantly, the survey indicated that King County residents are very receptive to the goals and mission of the EnviroStars program. When asked about businesses that produce hazardous -waste,,, 65 percent of -all-respondents said-they-are-more_likel_y_topatronize a business with EnviroStars certification. In addition, a full 65 percent of respondents believe the EnviroStars program to be a good use of tax dollars, indicating that the majority of residents surveyed feel the program has a positive impact on local communities and the environment. "Businesses that achieve certification are well -received in the community because people in the Puget Sound region place a high value on the natural environment as part of our quality of life," added Tomchick. The EnviroStars program certifies business for properly managing and reducing their hazardous waste, and rates them with 2- to 5-stars according to their demonstrated commitment to environmentally responsible practices. The higher the star rating, the more proactive the business has been in reducing hazardous waste and building environmentally friendly systems into their operations. Businesses can earn additional stars by making improvements and meeting specific requirements set by the program. For example, a 2-star company has a plan to begin reducing hazardous waste, while 5-star businesses have taken significant steps to alter their business practices and to spread an ethic of environmental responsibility. EnviroStars began after more than a year of research that included a study of 20 other recognition programs, feedback from King County businesses and consumers, and a review of agency and government documents on waste reduction planning and behavior change principles. In addition, the research included input from Local Hazardous Waste Management Program staff and the Citizens for Water Quality Advisory Committee (CWQAC). Today, there are a wide variety of businesses certified by the program. They include businesses such as dentists, auto body and auto repair shops, dry cleaners, printers, landscapers, veterinarians and government facilities. The EnviroStars program is also available in Pierce, Kitsap, Snohomish, Jefferson and Whatcom counties. For more information, please visit www.envirostars.org or call 1-877-220-STAR (7827). HENDRICKSON ANNEXATION PUBLIC MEETING COUNCIL CONSIDERATION OF PROPOSED ANNEXATION WITH R-8 ZONING September 8, 2003 The City is in receipt of a Notice of Intention to Commence Annexation Petition from property owners in the proposed.Hendrickson Annexation representing approximately 27 % of the area's + 22.8 acres. The subject site is within the City's Potential Annexation Area and is designated as Residential Single Family on the City's Comprehensive Plan Land Use Map. Because the site currently has a Residential Single Family (RS) land use designation on its western portion and a Residential Rural (RR) land use designation on its eastern portion the City is required to rezone it consistent with these Comprehensive Plan Land Use Map designations. If the annexation is successful, R-8, 8 units per net acre, is proposed on the western RS portion and R-5, 5 units per net acre, is proposed on the eastern RR portion. With this zoning the site could accommodate approximately 114 additional single-family detached dwellings. The site is located in the City's East Renton Plateau Potential Annexation Area. The annexation site appears to have reasonable boundaries. The annexation site abuts the City on portions of its northern and western boundaries. The site is bordered by the City on the north by NE Sunset Boulevard, and the City's existing boundary along Hoquiam Avenue NE and the parcels that the define the City boundary to the west. Its southern boundary is NE 12th Street, if extended, and its eastern boundary is approximately 145th Place SE, if extended (see opposite page). Under the recently adopted new rules amending RCW 35A.14.120, direct petitions to annex are initiated by property owners representing at least 10% of the annexation area's acreage submitting a Notice of Intention to Commence Annexation petition to City Council. Council is required to hold tonight's public meeting in order to decide whether the City will accept, reject or geographically modify the proposed annexation. If the Council decides to accept the proposed annexation it will: 1. Decide whether to accept the boundaries as proposed or possibly modify them; 2. Authorize the circulation of the 50% Petition to Annex for the annexation site; 3. Decide whether to require the simultaneous adoption of R-8 and R-5 zoning, consistent with the Comprehensive Plan; and, 4. Decide whether to require property owners within the annexation area to assume their fair share of the City's existing indebtedness. Council Hearing Handout 08-04-03.doc\ Existing Conditions :.- V q ni y ILd can S. 47th St SE I Vicinity Map Existing Conditions - Topography Map Topography I . 1 Sensitive Areas Map Existing Conditions Environmental • Topoeraphv -generally sloping from west and east sides towards center • Environmental constraints - Honey Creek runs northwest through middle of annexation site Renton Comp Plan Designation Renton Comp Plan Land Use Man • Residential Singles Family (west of 144th `T x Ave SE) • Residential Rural (east of 144th Ave SE) �i E Site Renton Comprehensive Plan • Furthers City Business Goals; • Generally consistent with City • Generally consistent with polic`, single-family rezones • Generally consistent with Boun Board criteria • Minor revenue surplus at full di • Surface Water indicates erosior suggests mitigation with future • Except for parks no major servi • Best interests and general welA. lopment Proposed Zoning Maposed Renton Zonin • R-8 (8 du/net acre) west 9 g of 144th Ave SE a# • R-1 (1 du/net acre) eastIN of 144th Ave SE Site Renton Zotiiig 3 Hendrickson Annexation Recommended M:: tion 4 CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND STRATEGIC PLANNING MEMORANDUM DATE: August 28, 2003 TO: Kathy Keolker-Wheeler, Council President City Council Members VIA:�� Mayor Jesse Tanner FROM: Alex Pietsch, Administrator Economic Development, Neighborhoods and Strategic Planning Department STAFF CONTACT: Don Erickson (X-6581) SUBJECT: Proposed Hendrickson Annexation 10% Notice of Intent ISSUE: The City is in receipt of a Notice of Intent to annex about 22.83 acres to the City of Renton by direct petition (Figure 1, Vicinity Map). State law requires that the Council hold a Public Meeting with annexation proponents to decide whether to accept, reject or geographically modify the proposal, whether to require the assumption of bonded indebtedness and whether to require the simultaneous adoption of zoning. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 10% Notice of Intent. If Council concurs with this recommendation, the Administration recommends that Council take the following actions (pursuant to RCW 35A.14.120): • Amend the proposed annexation area to include the abutting SR 900, SE Renton - Issaquah Road right-of-way; • Authorize the circulation of the 50% Petition to Annex for the proposed amended area; • Require City zoning of the amended annexation area that is consistent with the City's Comprehensive Plan, and, • Require that property owners within the proposed annexation area assume a proportional share of the City's outstanding indebtedness. Proposed Stoneridge Annexation 10% Notice of Intent July 16, 2003 Page 2 BACKGROUND SUMMARY: The irregularly shaped Hendrickson Annexation site has not previously been considered for annexation to Renton. It is located southeast of the proposed Stoneridge Annexation on the north side of SR 900. Location: The proposed 22.83-acre irregularly" shaped Hendrickson Annexation is roughly located between Graham Avenue NE, if extended, on the west, 145d' Place SE on the east, if extended, SE Renton — Issaquah Road on the north, and, SE 112d' Street, if extended, on the south. 2. Assessed value: The assessed valuation at current development is $3,881,300. 3. Natural features: The site generally slopes to the northwest with a ravine and Honey Creek running through the middle of the site through a Class-2 wetland (Wetland 6). The wetland is approximately 3.1 acres in size and considered valuable for wildlife habitat and water quality control. Slopes of 15% to 25% exist on the western and eastern sides of this ravine, which terminates in the wetland. There is nearly a 63-foot change in elevation across the 1/3`d mile wide site. (Figure 2, Topography). 4. Existing land uses: Existing development includes ±14 single-family detached dwellings primarily along 142" d Avenue SE, and approximately 25 mobile homes in a mobile home park in the eastern portion of the annexation site (east of 144d' Avenue SE, if extended). (see Figure 3, Existing Structures). Existing zoning: King County zoning is R-4 and R-48. The existing 6.0 acre mobile home park site currently has R-48 (48 units per acre) zoning whereas the remainder of the site has R-4 zoning. The latter zoning allows a base density of four units per gross acre and up to six units per acre with incentives and transfer of density credits. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject annexation site Residential Single Family (RS) and Residential Rural (RR). The portion zoned R-4 in the County is currently designated RS and could potentially be zoned R-8. The portion zoned R-48 in the County currently has a RR land use designation and would most likely be zoned R-5. 7. Public services: All responding departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Water Utility. The western portion of the annexation site (west of 142nd Avenue SE) is located within Renton's Water Utility service area whereas the portion east of the western edge of 142nd Avenue SE is within Water District #90's service area. as provided by agreement under the East King County Coordinated Water System Plan. A certificate of water availability from the District will be required prior to the issuance of development permits within this portion of the area, following annexation to the City. Development west of 142nd Avenue SE will be required to connect to Renton's water system. Development east of 142nd Avenue SE will be required to connect to Water District 90's system. The District must provide adequate water supply and pressure for new development within the City and must meet Renton's standards for fire protection and domestic water service. Sewers. The area is not currently served by sewer. Sewer exists in the Summerwind Subdivision across SR 900, to the north. Sewers would be extended by developer extension as the annexation area develops. Proposed Stoneridge Annexation 10% Notice of Intent July 16, 2003 Page 3 Parks. The City has a shortfall of both neighborhood and community parkland in this area. King County owns approximately 39 acres of parkland, primarily undeveloped, about 3/10's of a mile to the southeast of the proposed annexation. In the past, the County has expressed an interest in conveying these properties to the City, upon their annexation. Development of the parkland would most likely occur at the City's expense after these areas are annexed. Park's staff recommends re -initiating negotiations for the transfer of these park properties to the City to offset the growing local shortfall of park space in the vicinity of recent annexations proposed for this area. Increased staffing levels, supplies and materials to maintain and operate these facilities would also be required. The projected cost of developing and maintaining parkland to a level consistent with the service levels in the City's Comprehensive Park, Recreation and Open Space Plan will be included in the fiscal impact analysis, should the Council accept the 10% Notice of Intent to Commence Annexation petition. Fire. The area is currently served by the City under the contract with Fire District #25. Police. With an estimated future population of 335 people Police estimated a future need for additional staff to serve this and other recent annexations in the area. Public Works Maintenance. Maintenance staff noted that the only organized drainage in the area is by roadside ditches. Surface Water recommends that the 1998 King County Surface Water Design Manual, Level II flow control requirements and other standards be required for any new development within the proposed annexation area. New streets crossing Honey Creek would require structures that can convey future condition runoff for the "100-year storm." Staff notes that existing storm systems located in 142°d Avenue SE would become the City's responsibility to maintain and operate. Currently it appears that approximately 600 linear feet of storm system, with 5 to 6 catch basins, would become the City's responsibility to maintain. PBPWs anticipates that, based upon the cumulative impact of new annexations on staffing, new maintenance staff may be required at some time in the future. Transportation. Staff notes that additional transportation staff would not be required. They also note that upgrading NE Sunset Boulevard (SR 900) and 142nd Avenue SE, abutting the proposed annexation area, and/or new access streets with the annexation area would be at the expense of existing property owners and/or future development. Staff also notes that WSDOT has identified a need for widening and realignment of SR-900 but currently has no timetable for it. Existing County and state roads currently do not meet City standards. ANALYSIS OF THE PROPOSED ANNEXATION: Consistency with the Comprehensive Plan: The annexation policies generally support the proposed annexation. The subject properties are within Renton's Potential Annexation Area and are subject to development pressure (Policies LU-378 and LU-380). The area is available for urbanization under the King County Comprehensive Plan, zoning and subdivision regulations. Renton is the logical provider of urban infrastructure and services to the area (Policy LU-383). Policy LU-388 states that, in general, the greater the contiguity with the city limits, the more favorable the annexation. The area proposed for annexation abuts the City limits along its western boundary for about 1,450 lineal feet. 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; Proposed Stoneridge Annexation 10 % Notice of Intent July 16, 2003 Page 4 The proposed annexation would cause no disruption to the larger community. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; Except for a small area, boundaries follow physical features such as the edges of existing plats, city boundaries, highways (SR-900), and parcel lines. C. Creation and preservation of logical service areas; Not applicable. No service area boundaries are proposed to change as a consequence of this annexation at this time. d. Prevention of abnormally irregular boundaries; The boundaries are somewhat irregular due primarily to the alignment of SR-900, but are not "abnormally irregular." e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. f. Dissolution of inactive special purpose districts; Not applicable. g. Adjustment of impractical boundaries, - This annexation is not being proposed to adjust what are considered impractical boundaries. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; and, King County has designated this area for urban development because of its location within the Urban Growth Boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated urban areas. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed Annexation area are rural or designated for long term productive agricultural use in the King County or Renton Comprehensive Plans. CONCLUSION: The proposal is essentially consistent with City policies and Boundary Review Board objectives for annexation. No impediments to the provision of City services to the area have been identified. A full fiscal analysis will be conducted following receipt of a certified 50% Petition to annex, if it is the Council's intent that the annexation proceed. Initial analysis indicates that this annexation would initially cost the City approximately $ 408 a year at full development. Attachments �i: - - - 's•:=tom � I � �a ,1�� ONA EeMVAM x �C„ f� a {? 03 :i 7 posed0 Hendrickson Annexatiom 300 600 Figure 2: Topography Map Y 1 : 3600 Economic Development, Neighborhoods & Strategic Planning 1m Interval Countour ♦ .± ♦ Alex Pietsch, Administrator =� G. Del Rosario — Renton City Limits �L>NTo 23 July 2003 WN Proposed Annexation Area 0 CM, HgNDRItKSON ANNEXATION FISCAL ANALYSIS SHEET .. . ................... Units Population AV Existing dev. 14 35 $3,881,300 Full dev. 133 333 $38,570,000 Assumptions: 2.5 persons / nousenolci $290,000 AV / new unit $220,000 AV /existing single-family detached unit; $0 AV / mobile home Existing Full Rate Regular le $12,376 $122,989 3.18871 Excesslevy $344 $3,419 0.08865 State shared revenues Rate(per cap) Existing Full Liquor tax $3.52 $123.20 $1,170.40 Liquor Board profits $5.04 $176.40 $1,675.80 Fuel tax - roads $14.46 $506.10 $4,807.95 Fuel tax - arterials $6.47 $226.45 $2,151.28 MVET $0.00 $0.00 $0.00 Camper excise $0.00 $0.00 $0.00 Criminal justice $0.36 $12.60 $119.70 Total $1,044.75 $9,925.13 MiscPlinnenus rnvPnues Rate Existing Full Real estate excise* $40.86 $1;430.10 $13,585.95 Utility tax** $133.20 $1,864.80 $17,715.60 Fines & forfeits* $18.33 $641.55 $6,094.73 Total $3,936.45 1 $37,396.28 Per capita ** Per housing unit - based on $2,220 annual utility billing @ 6% tax rate Per capita Existing Full Contracted Services Alcohol $0.23 $7.95 $75.48 Public Defender $3.13 $109.69 $1,042.06 Jail $7.19 $251.72 $2,391.34 Subtotal $369.36 $3,508.87 Court/legal/admin. $57.08 $1,997.80 $18,979.10 Parks maintenance* $14.90 $521.50 $4,954.25 Police $270.00 $9,450.00 $89,775.00 Road maintenance** N/A $500.00 $5,288 Fire***. $1.25 $4,851.63 $48,212.50 Total $17,690.28 $170,717.72 See Sheet Parks FIA ** See Sheet Roads FIA *** Rate per $1,000 of assessed valuation (FD#25 contract) flitit3€ieosts Parks acquisition &development (from Sheet Parks FIA): Other one-time costs: Total revenues Existing Full Total ongoing costs Existing72Fu Net fiscal impact Full:::... $ 7 8 $0.00 Total one-time costs: ::::: $ffAE} Revised 8-29 per Finance Memo STONERIDGE ANNEXATION PUBLIC MEETING COUNCIL CONSIDERATION OF PROPOSED ANNEXATION WITH R-8 ZONING September 8, 2003 The City is in receipt of a Notice of Intention to Commence Annexation Petition from property owners in the proposed annexation area representing approximately 61% of the area's ± 28 acres. The subject site is within the City's Potential Annexation Area and is designated as Residential Rural on the City's Comprehensive Plan Land Use Map. Although the site currently has County R-4 zoning, the City prezoned it in 1997 to R-5, 5 units per net acre. This zoning would be applied at the time the annexation site comes into the City. With this zoning the site could accommodate approximately 105 additional single-family dwelling units. The site is located in the City's East Renton Plateau Potential Annexation Area (see map on back). The annexation site appears to have reasonable boundaries. The annexation site abuts the City on its western boundary and the County Urban Growth Area boundary along its eastern boundary. Another annexation site, Hendrickson, is located across SR-900 to the south. The site has slopes of 15% to 25% on it and an existing stream that traverses it diagonally. Under the recently adopted new rules amending RCW 35A.14.120, direct petitions to annex are initiated by property owners, representing at least 10% of the annexation area's acreage, submitting a Notice of Intention to Commence Annexation petition to City Council. Council is required to hold tonight's public meeting in order to decide whether the City will accept, reject or geographically modify the proposed annexation. If the Council decides to accept the proposed annexation it will: 1. Decide whether to amend the original annexation boundaries proposed by the applicant; 2. Decide whether to authorize the circulation of the 50% Petition to Annex: 3. Decide whether to simultaneously adopt the existing prezoning; and, 4. Decide whether to require property owners within the annexation area to assume their fair share of the City's existing indebtedness upon annexation. Council Hearing Handout 08-04-03.doc\ Existing Conditions -Stfddt Prl yk . . ......... 0. I Structures Map Existing Conditions Vicinity CWILd S. 47th St Vicinity Map Existing Conditions - Topography po.gr.4p y: -K -V NO 40 3 2? Topography Map 1 Sensitive Areas Map Existing Conditions - Public Services • Fire - Fire District 25 • Utilities — Within Water District 90 Service Area — Within Renton Sewer Utility Service Area • Schools — Within Issaquah School District King County Comp Plan Designation and Current Zoning : K.C. Land Use Man - Urban Residential 4-12du K.C. Zoning - R-4 - Residential 4 du/ac Site County Zoning Map. 2 Renton Comp' • c r Renton CoW Plan Lan1Use Mgp Residential Rural ► +;r F$T Site Current Prezoning Renton Zoning MapN, 2 y y b � mis y • R-5 Prezoning {t a # (5 du/net acre) t� r Site Renton Zoning. 3 � '� ,► t Good evening. For the record, my name is Claudia Donnelly. I live at 10415 — 147`h Avenue SE, Renton. This is approximately 500 feet north of where the Stoneridge Development will go in. I cannot stop this annexation from happening. I am here to protect my property from upstream storm water that could,damage my property and destroy salmon and other fish in May Creek. I have a stream — Greenes Stream — flowing through my property on its way to May Creek. May Creek is the home to Chinook, Sockeye and Coho salmon. There is a Chinook salmon spawning about 9/101h of a mile downstream from where Greenes Stream enters May Creek. Beginning in 1990, my husband and I have watched the activities on this property. Between 1990 — 1997, we watched with interest as we had "Lake Donnelly/Keech" on our property. Here are some pictures. Back in 1997, our neighbor to the south changed the course of Greenes Stream and now we have "Donnelly Falls". The erosion caused by this change is eating away at the bank. In 1999, a completed Land Use Application was brought to the attention of DDES in order to develop the property as Stoneridge in King County. We watched as surveyors and others walked on the property and roads. In November 2000, my husband and I appealed the SEPA conditions at the preliminary plat hearing on the grounds that more traffic came onto 148`h than was previously indicated. We were also concerned about what the storm water coming from this development would do to our property. Prior to the hearing, the developer agreed to use a Level 3 Detention pond with a Level 3 Flow Control in order to protect our property. We ask ourselves — what are they trying to do now. We have a number of concerns regarding this proposed development that I would like to bring to your attention. We have been told that for the most part, Renton will accept the KC hearing examiner's recommendations with some minor modifications. We are wondering what those modifications will be. 1. The hearing, examiner recommended that the Stoneridge developer, along with other developers on 148' install a stop light at the SR 900/148`h Avenue SE intersection. Issaquah School District buses don't like to cross here because of the dangerous curve just east of this intersection. I talked to WSDOT officials last week and they said that it didn't matter whether Stoneridge was in King County or Renton. They would still have to help ili- the traffic light. PC"J k-v-, , 4.w.OJ 2. Are they trying to get out of putting in a Level 3 Detention pond with a Level 3 Flow Control? I don't know. We ask that the Level 3 flow and detention pond stay as a requirement. My property and May Creek need protecting. 3. Are they trying to get back the lots the developer transferred from Stoneridge to another development (Hamilton Place) on 160'h Avenue SE? If I remember correctly, they transferred 6 lots from Stoneridge to Hamilton Place. I talked to DDES personnel and they told me that the final engineering plans for Stoneridge haven't been submitted to DDES yet. Or are they trying to add even more lots to this development? 4. Are they trying to get rid of the requirement to leave vegetation on the individual lots until they are ready to be developed? According to the KC hearing examiner, there is an erosion hazard on this property. 5. Are they trying to get out of fulfilling the requirement to fix the KC Code violation on the property — putting in a correct culvert and removing the junky cars like KC wants them to? 6. Are they trying to get out of paying the amount designated by KC for Issaquah School District impact fees knowing that Renton only collects $2797? 7. Do they want to get out of protecting the Red Tailed Hawk's nest on the property to the north of where Stoneridge wants to go in? Renton's environmental code is not as stringent as King County's. When this development and another across SR 900 (Aster Park) is built, there will be 70 homes with W'N additional traffic and storm water impacting my property and neighborhood. I don t yZ G want my property ruined or salmon destroyed in May Creek in the name of development. Like I said, these people have a right to annex into Renton. However, I have a right to protect my property and have May Creek protected. No one else will. For your usage, I am attaching a copy of the King County Hearing Examiner's recommendations for the preliminary plat of Stoneridge. Thank you. 91&1(4 414., Claudia Donnelly LL �Usrvw� CIr� � v d MOM ®R, kN -4,t P f R,4 r�-'..m { � �' `'�.� 41 ,+�, f r '�' ty/ ` 3'��.'�_ *Y!L''� T�. ri . 4i,`.i� ' t� e��_- / ��. . j ^f°{•'.t PK i"•.+ , tr.�°„' },�.i � pa�"�f, �1�1 rnll '7 AN 7W Af -77, NA,�,•x tiS w Alz, v, gM, lll. 01. 'Ff uk C�v % June 5, 2001 OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON 850 Union Bank of California Building 900 Fourth Avenue Seattle, Washington 98164 Telephone (206) 296-4660 Facsimile (206) 296-1654 CONSOLIDATED REPORT AND DECISION: A. SEPA THRESHOLD DETERMINATION APPEAL B. APPLICATION FOR PRELIMINARY PLAT SUBJECT: Department of Development and Environmental Services File No. L99P3008 STONE RIDGE Preliminary Plat Application Location: On the west side of 148 h Avenue Southeast, approximately between 148"' Avenue Southeast and Ilwaco Avenue Northeast, and approximately between Northeast 16t' Street and Northeast 180' Court, if both streets are extended Applicant: KBS III, LLC represented by David L. Halinen, Attorney at Law 2115 N 301h Street no. 203 Tacoma, WA 98403 Telephone: (206) 443-4684 Facsimile: (253) 272-9876 Appellants King County SUMMARY OF DECISION: Michael and Claudia Donnelly 10415 — 147"' Avenue SE Renton, WA 98059 Department. of Development and Environmental Services, Land Use Division, represented by Lanny Henoch 900 Oakesdale Avenue SW Renton, WA 98055-1219 Telephone: (206) 296-7I68 Facsimile: (206) 296-6613 Department's Preliminary Recommendation: Approve, subject to conditions . Department's Final Recommendation: Approve, subject to conditions, modified Examiner's Decision: Approve, subject to conditions, modified L99P3008-Stone Ridge 3' 2 PRELIMINARY MATTERS: Complete application date: September 2, 1999 EXAMINER PROCEEDINGS: Hearing Opened: March 15, 2001 Hearing Closed: May 8, 2001 ISSUES/TOPICS ADDRESSED: • Drainage • Traffic • Flooding • Erosion • ESA • Recreational Area SUMMARY: A. Denies SEPA threshold determination'appeal regarding drainage and traffic. B: • Approves a subdivision of 49 single family residential lots within a 12.75 acre parcel classified R-4. FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. Proposal. KBS III, LLC (the "applicant'), represented by David Halinen, proposes to subdivide a 12.75 acre parcel into 49 single family residential building lots. With lot sizes ranging from 3,886 to 7,399 square feet, the proposed development density will be 3'88 dwelling units per acre, consistent with the R-4 classification of the subject property. The preliminary report to the Hearing Examiner dated February 16, 2001, issued by the Department of Development and Environmental Services ("DDES" or "the Department") contains as "Attachment 1" the applicant's preliminary plat drawing. The same preliminary plat drawing, dated October 9, 2000, is entered as Exhibit no:7: 2. General Information: Owner/Developer: KBS III; LLC Attn: Kolin B. Taylor 12505 Bel -Red Rd.' no. 212 Bellevue, WA 98005 Phone:'200=623 7000'`"'"' Engineer: Dan Balmelli, P.E. BP Land Investments, LLC P. O. Box 8205 Kent, WA 98032 Phone: 253-852-7527 L99P3008-Stone Ridge Surveyor: Centre Pointe Surveying, Inc. 33639 — 9'" Ave. S. Federal Way, WA 98003 Phone: 253-661-1901 STR: NE '/4 of the SE %4 of Sec. 3, Township 23, Range 5 Location: Lying on the west side of 1481" Ave. SE, approximately between 1481" Ave. SE and Ilwaco Ave. NE, and approximately between NE 16" St. and NE 18"i Court if both streets were extended. Zoning: Acreage: Number of Lots: Density: Lot Size: Proposed Use: Sewage Disposal: Water Supply: Fire District: School District: Complete Application Date: R-4 7.49 32 4.3 dwelling units per acre Ranging from 4,500 to 10,000 square feet in area Single Family Residential City of Kent City of Kent Number 37 Kent School District September 30, 1999 State Environmental Policy Act. On November 3, 2000 DDES issued a mitigated threshold determination of non -significance (MDNS). That determination required the applicant to construct eastbound and westbound left turn lanes at the SR 900/148," Avenue SE intersection; to clear vegetation within the right of way along SR 900 to achieve maximum entering sight distance; to set aside a "Tract K" in order to protect a red-tailed hawk nest tree; and to perform other specified impact mitigating measures related to the red-tailed hawk nest location. On November 27, 2000, Michael and Claudia Donnelly appealed the Department's SEPA threshold determination. Pursuant to a pre -hearing conference conducted on December 19, 2000, the issues of that appeal were limited to impacts related to flooding of neighboring properties; impacts related to erosion, sedimentation, water quality and salmonid species protection; and impacts related to traffic safety at SR900/148'" Avenue Southeast. Hearings on that appeal were consolidated with public hearings on the proposed plat which occurred on March 15, 2001, March 22, 2001, April 2, 2001 and April 3, 2001. Thereafter, the parties agreed to a briefing schedule which concluded wvtif ay 8, 20011. '111e parties waiveu those KIn.2v.nG 4 .098 time l iiitiS for i appeal review to the extent necessary to complete the schedule described here. In its report and recommendation (Exhibit no.2), the Department consolidated its preliminary plat recommendation with its analysis and response to the appeal. In that report, the Department made some revisions to its original November 3, 2000 MDNS, most notably by specifying a seasonal construction period for the east/west left turn lanes on SR 900 and a new condition requiring the applicant to install or to collaborate with other developers to install a traffic signal at the SR 900/148`' Avenue Southeast intersection period, together with "an appropriate financial guarantee to be posted prior to engineer plan approval." I L99P3008-Stone Ridge The applicant opposes that portion of the revised SEPA threshold determination, concerning the traffic signal requirement at the SR900/148'h Avenue Southeast intersection. Department Plat Recommendation. The Department recommends granting preliminary approval to the proposed plat of Stone Ridge, subject to the twenty-eight (28) conditions of final plat approval stated on pages 15-22 of the Department's preliminary report (Exhibit no. 2), with the following modifications: A. Red -Tailed Hawk protection area. Recommended condition no. 24 requires that Tract K, be set aside as undeveloped open space to remain in native growth unless it is documented by the property owner, to the satisfaction of King County, that the nest has been abandoned for at least five years. In its final recommendation, entered as Exhibit no. 35 in the hearing record, the Department indicates that the tract may be developed through the approval of a future plat application, short plat application or plat alterations when it has met that five year abandonment standard, but that the number of lots created in Tract K shall be consistent with the zoning and overall permitted density for the entire plat of Stone Ridge. B. Grading within designated erosion hazard areas. In its final recommendation, the Department adds a new recommended condition no. 29 which would require all grading work on designated erosion hazard areas to be completed consistent with the seasonal restrictions appearing in KCC 16.82.150.D. 4. Applicant response. The applicant accepts the Department's final recommendation as described in finding no. 3, preceding, except for the following: A. Traffic Signal. The applicant opposes the SEPA-based requirement to install a traffic signal at the SR 900/148°i Avenue Southeast intersection. B. Tract I stub street. As proposed by the applicant (Exhibit no. 7) Tract I-42 feet wide —connects proposed "Road B" (the central vehicular circulation spine within the proposed plat) to the south boundary of the subject property. Recommended condition 8.0 requires that, "Tract I shall be dedicated as public road right of way and improved to urban sub -access street standard." The applicant opposes that recommendation. C. Recreation area. Recommended condition no. 18 requires suitable on sight recreation space to be provided by the applicant including appropriate improvements. The amount of recreation space provided is recommended to equal or exceed 390 square feet per lot as required by KCC 21A.14.180.A. Note: Although the applicant raised concerns regarding this requircnierit at tiie OiiiSct of the hearing, tilt applicant expressed no objection at closing. D. Eastbound and westbound left turn lanes. In the SEPA appeal review, the applicant objected to the language contained in SEPA-based recommended condition no. 22 which —at that time —made no mention of cost sharing with other development applicants in the area who would benefit from the required eastbound and westbound left turn lanes on SR 900 at its intersection with 148`h Avenue Southeast. The applicant mentioned the proposed plat of Astor Park, in particular. L99P3008-Stone Ridge 5. Drainage/SEPA. The SEPA Appellants and some neighboring property owners express concern regarding possible drainage impacts upon their downstream properties. "Greene's Stream," an ephemeral or seasonal stream, emanates from the subject property, then passes through or adjacent to the Donnelly, Keech and Hobbs properties. Though it sometimes may enter May Creek, it typically completely infiltrates before reaching May Creek. This infiltration answers a concern raised by SEPA Appellant Donnelly and some neighboring property owners regarding potential sedimentation impacts upon May Creek. Usually there are none. In addition to downstream sedimentation concerns, however, the Appellants and neighboring property owners also express concern regarding downstream flooding and sedimentation from peak flow periods as well as a concern for erosion and downstream sedimentation. These concerns are based, at least in part, on observed results from past land clearing activity on the Wolfe property. It is important to note that this applicant, KBS, III, LLC, cannot be held responsible for past actions of Wolfe nor can it be held responsible for solving existing problems endured by downstream property owners. However, the county can certainly require the applicant to adhere to the highest standards available in regulatory code if circumstances warrant. In this case, DDES recommends precisely that —applying the highest, most vigorous, drainage controls and standards to this application. In so doing, DDES observes also that Greene's Stream, as it crosses or abuts the properties of concern (Donnelly, Hobbs and Keech) was artificially rerouted from its original drainage course —an alteration that extends approximately 450 to 650 feet. There is no evidence that this alteration was achieved pursuant to proper permits. The alteration includes two 90' turns. The Department observes that, at present, the majority of flows in Greene's Stream under non -storm conditions appear to follow the realigned channel. The evidence of record strongly suggests that, during significant storm events, the (unpermitted) altered course of the stream bed and the reduced capacity of a 24 inch culvert at the northwest corner of the Hobbs property collaborate to cause backups along the stream bed, resulting in standing water upon the complainant properties. The parties agree that none of the interior spaces of any buildings on the Donnelly, Hobbs or Keech properties have flooded in the past. Keech indicates that, while the driveway to his residence overtopped on one occasion, "sheet flow" of approximately % inch water depth is more typical. Some neighboring property owners resent the King County Surface Water Management Design Manual characterization of such flooding as "nuisance flooding". Nonetheless, as indicated above, the highest Surface Water Management Drainage Manual standards are recommended. The Department concludes at page 13 of its preliminary report (Exhibit no. 2): ... [DDES] has concluded that the development of the subject plat will not exacerbate the flooding that the appellant and their neighbors have experienced with the application of level 3 iivw wine vi w Stviiii water releases u0iii the peat. Level ) tiOw Cuiiti'Oi 1S itic tiiuSt restrictive release rate contained in the drainage manual. It is designed to address a severe flooding situation. With its application to the proposed Stone Ridge subdivision, [DDES] expects there will not be an increase in either the depth of flood waters or the frequency of flooding after the development of the plat, as compared with prior to the development of the plat. Further, [DDES] believes that with the application of appropriate release rates to future development in the Greene's Stream sub -basin and the May Creek sub -basin, downstream flooding in these basins will not be significantly affected. L99P3008-Stone Ridge The rather extensive drainage controls are contained principally in condition nos. 7A through 7H on pages 14 and 15 of this Report and Decision. Although the record contains significant evidence and testimony regarding the extent of current conditions, it contains absolutely no evidence or expert testimony which would cast doubt on the adequacy of the rigorous drainage standards required by condition no. 7. Appellant Donnelly testified that her motivation in pursuing the drainage issue is based on fear that the condition nos. 7A through 7H may be inadequate. However, as a result of hearing testimony, the Department also recommends condition no. 29 which requires all grading work within designated erosion hazard areas to be completed consistent with the seasonal restrictions established by KCC 16.82.150.D. Traffic/SEPA. The proposed development received transportation concurrency certification on April 9, 1999. The developer will be assessed a traffic impact mitigation fee (MPS fee) and an administration fee for each of the proposed 49 lots. That fee is based upon pending area improvements to county streets. The amount of the fee is determined at the time it is assessed (half upon final plat approval; the remaining half upon building permit issuance). The current fee amount is $2,913.00 per lot. Access to the proposed plat will be obtained from 148'h Avenue Southeast, a 21 foot wide asphalt roadway with a 3 to 4 foot wide grass and gravel shoulder along its eastside and a 3 to 6 foot wide gravel shoulder along its west side. Traffic studies in evidence indicate that 148'h Avenue Southeast will be fully capable of absorbing the additional 490 vehicle trips per day that will be generated by Stone Ridge. However, both the Department and the SEPA appellants have expressed concern regarding the adequacy of the SR 900/148'h Avenue Southeast intersection nearby. The current intersection design does not meet the King County entering site distance (ESD) standard on both the north and south legs of the intersection. Nor does it meet the stopping sight distant (SSD) standard on the east leg of the intersection. To address the sight distance problems, the Department recommends vegetation clearing and construction of east and westbound left turn lanes. The Department and the applicant disagree as to whether the level of service (LOS) for this intersection should be calculated as LOS "E" or LOS "F". This question arose through the appeal review of the SEPA threshold determination. Michael and Claudia Donnelly contested the adequacy of the initial threshold determination. Responding, KCDOT recalculated the LOS based upon 1997 Highway Capacity Manual methodology and software, thereby finding LOS "F". The applicant, using 1994 Highway Capacity Manual software, found LOS "E". The Department's calculation resulted in a SEPA-based requirement, supported by WSDOT, to install a traffic signal at the SR 900/148`h Avenue Southeast intersection —a requirement which the applicant opposes. The following additional findings are relevant: A. In its report to the Hearing Examiner (Exhibit #2) the Department states: With regard to level of service ("LOS"), Transpo's traffic analysis concluded that the LOS at the intersection, following the development of the subject plat, will be at LOS "E". This anaylsis was based on traffic modeling which utilized computer software that was the best available software at the time the analysis was completed. Thus, it was accepted by King County at the time Transpo's traffic analysis was submitted to Proposed Stoneridge Annexation 10% Notice of Intent July 16, 2003 Page 3 would most likely occur at the City's expense after these areas eventually are annexed into the City. Park's staff recommends re -initiating negotiations for the transfer of these park properties to the City to offset the growing local shortfall. Increased staffing levels, supplies and materials to maintain and operate these facilities would also be required. The projected cost of developing and maintaining parkland to a level consistent with the service levels in the City's Comprehensive Park, Recreation and Open Space Plan will be included in the fiscal impact analysis, should the Council accept the 10% Notice of Intent petition. Fire. The area is currently served by the City under the contract with Fire District #25. Police. With an estimated future population of approximately 300 people for this annexation Police state that there will eventually be a need for additional officers to serve this and other recent annexations. Public Works Maintenance. Maintenance staff noted that the only organized drainage is roadside ditches. Because 148t' Avenue SE is just outside the Urban Growth Boundary, the only roadway that would be part of the current annexation would be NE Sunset Boulevard on its southern point. The Surface Water Utility staff have indicated that storm water matter management of King County's storm water control pond will be important in controlling downstream drainage complaints, particularly from tax lot 177640-0020. Staff, therefore stress the importance of using the higher environmental standards identified in the May Creek Basin Plan. Transportation. Staff notes that additional transportation staff would not be required. They also note that upgrading NE Sunset Boulevard (SR 900) and 148"' Avenue SE abutting the proposed annexation area and/or new access streets with the annexation area would be at the expense of existing property owners and/or future development. ANALYSIS OF THE PROPOSED ANNEXATION: Consistency with the Comprehensive Plan: The annexation policies generally support the proposed annexation. The subject properties are within Renton's Potential Annexation Area and are subject to development pressure (Policies LU-378 and LU-380). The area is available for urbanization under the King County Comprehensive Plan, zoning and subdivision regulations. The City of Renton prezoned this area in 1997 consistent with its Comprehensive Plan Land Use Map to R-5 (5 units per net acre). Renton is the logical provider of urban infrastructure and services to the area (Policy LU- 383). Policy LU-388 states that, in general, the greater the contiguity with the city limits, the more favorable the annexation. The area proposed for annexation abuts the City limits along its western boundary for about 850 feet. 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities; The proposed annexation would cause no disruption to the larger community. As noted above the site is relatively underdeveloped at the current time. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; Proposed Stoneridge Annexation 10 % Notice of Intent July 16, 2003 Page 4 Except for a small area, boundaries follow physical features such as the edges of existing plats, streets, parcel lines and the like. Creation and preservation of logical service areas; Not applicable. No service area boundaries are proposed to change as a consequence of this annexation at this time. d. Prevention of abnormally irregular boundaries; The boundaries are somewhat irregular but not abnormally irregular. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. f. Dissolution of inactive special purpose districts; Not applicable. g. Adjustment of impractical boundaries; This annexation is not being proposed to adjust what are considered impractical boundaries. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; and, King County has designated this area for urban development because of its location within the Urban Growth Boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated urban areas. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed Annexation area are rural or designated for long term productive agricultural use in the King County or Renton Comprehensive Plans. CONCLUSION: The proposal is essentially consistent with City policies and Boundary Review Board objectives for annexation. No impediments to the provision of City services to the area have been identified. A full fiscal analysis will be conducted following receipt of a certified 50% Petition to annex, if it is the Council's intent that the annexation proceed. Initial analysis indicates that this annexation would initially cost the City approximately $921 a year at full development. Attachments L99P3008-Stone Ridge the County for review. More recently, subsequent to the publication of the SEPA determination for this project, an update of the software was issued. The application of the updated software yields a conclusion that the intersection of SR 900/148'h Avenue Southeast will operate at LOS "F" rather than "E", when the development of the subject plat is expected to be completed. As a result, additional improvements to the intersection will be needed•beyond the clearing of vegetation necessary to achieve stopping site distance, in order to bring the LOS to "E" or better as mandated by KCC 14.80. Recent discussions have occurred between WSDOT and KCDOT concerning the nature of the improvements which should be made to the intersection to achieve an improved level of service. WSDOT has verbally indicated (and in e-mail correspondence) that the installation of a traffic signal is the appropriate method to address the substandard level of service. Thus, this has been recommended by [DDES]/KCDOT, in addition to the construction of eastbound and westbound left turn lanes and the vegetation clearing to achieve stopping site distance. WSDOT prepared and submitted for evidence a formal letter agreeing with this position (exhibit nos. 22 and 50). In addition, WSDOT representatives testified in support of the intersection signalization requirement: B. The Transpo Group analysis of intersection LOS was based on computer software corresponding to the 1994 version of the Highway Capacity Manual ("HCM") while the "update of the software" referred to by DDES in its staff report corresponds to the 1997 HCM. However, no change in intersection standards occurred. C. KCC 14.65 describes intersection standards ("IS") as those standards by which King County will evaluate intersections affected by new development to assure safe and efficient operation and to assure that improvements to mitigate the adverse impacts of such developments are completed in accordance with the State Environmental Policy Act. KCC 14.65.010.C. In a code section title "Relationships Among Three Components Of The Integrated Transportation Program" KCC 14.65.020.C.2 describes IS calculations: Intersection level of service shall be calculated according to the most recent Highway Capacity Manual or an alternative method approved by the Department of Transportation. KCC 14.65.020 goes on to describe the relationship of the integrated transportation program (and necessarily, intersection calculations) to SEPA. KCC 14.65.020.G states, anio;g other u'n" ga, tLiat ti_'_-pactw or, intersections will be rnifl gaied t7irougL the provisions of KCC 14.80. It states further, among other things, that, "the provisions of this title [ie, KCC Title 14, "roads and bridges"] do not supersede or replace the provisions of the County SEPA authority as enacted in KCC 20.44." D. KCC 14.80, "Intersection Standards", states as its authority and purpose, in part, "this chapter is enacted pursuant to the State Environmental Policy Act, KCC 20.44 and RCW 58.17 and the King County Charter as.a home rule county, Article 11, Section 11 of the Washington State Constitution." KCC 14.80.010.A. Further, the Intersection Standards chapter defines Highway Capacity Manual. L99P3008-Stone Ridge Highway Capacity Manual means special report 209 of the transportation research board of the National Research Council, as currently amended. E. KCC 14.80.030 defines significant adverse impacts regarding intersection standards, a matter not disputed in this case. That is, the parties agree that if the roadway intersection that provides access to the proposed development will function at a level of service worse that "E" there will be a significant adverse impact which must be mitigated. KCC 14.80.030. Rather, the parties disagree as to the method of calculation of the impact upon the intersection at issue (SR 900/148'" Avenue Southeast). F. KCC 14.80.050 provides for interjurisdictional agreements. It states, in part: The level of service standards used in such agreements shall be those of the County, the WSDOT, the local jurisdiction, or some combination of them as provided in the agreement. Such interlocal agreements, of course, must be approved by the King County Council. G. King County Charter Section 850 (Delegation Of Authority) states, in part: The County Council shall not delegate its legislative power except to the extent that it delegates to a County officer the authority to promulgate regulations in accordance with adequate standards established by the County Council. H. On February 20, 2001, the County Council amended KCC 14.65.020.C.2. That amendment did not change the text of the section which indicates that IS shall be calculated "according to the most recent Highway Capacity Manual or an alternative method approved by the Department of Transportation". King County Public Rule PUT 10-3-2 (PR), effective April 26, 1999 also states that the calculation of intersection capacity will be done according to the "the most recent edition of the Highway Capacity Manual (HCM), or by alternative methods approved by the director." Further, Section 5.21 defines the HCM as "the latest version of the Highway Capacity Manual." The "most recent edition", "latest version," and "current" HCM at the time the public rules was adopted in 1999 was the 1997 HCM. Department Report Adopted. Except as noted above, the facts and analysis contained in the Land Use Services Division Preliminary Report, dated February 16, 2001, are correct and are incorporated here by reference. A copy of the Land Use Services Division report will be attached to those copies of the examiner's report which are submitted to the King County Council. o. v�andard of Re'rA i'r. Scc l , f• vi uic iiriaivii YiCiiminaiy rcpvft to ufu t�itig vu��Ly ffcaiuis Examiner (exhibit no. 2) cites the scope and standard of review to be considered by the Examiner. The Division's summary is correct and will be used here. In addition, the following review standards apply: A. WAC 197-11-350(1),-330(1)(c), and—660(1)(3). Each authorize the lead agency (in this case, the Environmental Division), when making threshold determinations, to consider mitigating measures that the agency or applicant will implement or mitigating measures which other agencies (whether local, state or federal) would require and enforce for mitigation of an identified significant impact. L99P3008-Stone Ridge B. RCW 43.21 C.075(3)(d) and KCC 20.44.120 each require that the decision of the Responsible Official shall be entitled to "substantial weight". Having reviewed this "substantial weight" rule, the Washington Supreme Court in Norway Hill Preservation Association v. King County, 87 Wn 2d 267 (1976), determined that the standard of review of any agency "negative threshold determination" is whether the action is "clearly erroneous". Consequently, the administrative decision should be modified or reversed if it is: ... clearly erroneous in view of the entire record as submitted and the public policy contained in the act of the legislature authorizing the decision or order. 9. Any portion of any of the following conclusions that may be construed as a finding is incorporated here by this reference. SEPA CONCLUSIONS: The appellant argues that the KCDOT director cannot prohibit the use of the 1994 HCM or, in this case, intersection impact calculating software associated with the 1994 HCM. This argument overlooks the SEPA authority vested in DDES and KCDOT. The ultimate decision making authority regarding impact (and, necessarily, the method of determining impact) rests with the responsible official, not with the applicant. The applicant's arguments are framed in such a manner as to suggest that the responsible official's choice of impact calculation method is a regulatory matter rather than an analytical one. However, with respect to the choice of intersection impact calculation method, the applicant is not being regulated. The applicant has not been prohibited from using the 1994 HCM. In fact, the 1994 HCM (and its associated software) is the only impact calculation method used by the applicant in this hearing record. Those calculations and their results have not been prohibited or excluded from this review in any sense. However, DDES/KCDOT have, in the exercise of their SEPA responsibility and authority, used the most recent impact calculation methodology to determine the impact of the proposed development of Stone Ridge upon the SR 900/148"' Avenue Southeast intersection. WAC 197-11-340 (2)(F) requires the responsible official to reconsider the DNS based on timely comments (such as those of appellant Donnelly) and authorizes the responsible official to make appropriate changes to the threshold determination if warranted. Further, WAC 197-11-340(3)(A)(ii) requires the lead agency to withdraw a determination of non -significance if, "there is significant new information indicating, or on, a proposals probably significant adverse environmental impacts." Recall that, as noted in the findings above, the Metropolitan King County Council in February, 2001, adopted the 1997 HCM and its corollary software. This King County Council action set the stage for review of the Donnelly SEPA threshold determination appeal review by pnro l'ua_i_ g u-icJ In'fiG—in-ativr" for the Departments to take llt0 iolStoerailon. Certainly, a threshold determination is not "vested" when an appeal has been filed and when new information (including the adoption of impact calculation method) becomes available. 2. The applicant argues that the intersection standards (and by implication the methodology used to calculate intersection impacts) have a "restraining or directing influence" on the proposed plat of Stone Ridge; and that, therefore, the vesting rule contained in RCW 58.17.033(l) must be applied. The applicant cites Westside Business Park, LLC v. Pierce County, 100 Wn. App. 599 at 607, in which the Division Two court determined that stormwater drainage ordinances are land ' Throughout this review it is useful to remember that it is only the method of calculating impact that is at issue. The Intersection Standard (IS) remains unchanged. L99P3008-Stone Ridge 10 use control ordinances. The Westside decision cites New Castle Investments v. City of LaCenter, 98 Wn. App 224, 989 (1999), in which the court held that, "a land use control ordinance is an ordinance that exerts a 'restraining or directing influence' over land use. Reading New Castle Investments further, however, we find that —as. the head note promises —"the definition of 'land use control ordinances' does not include transportation impact fees." In New Castle Investments the issue was whether the term "land use control ordinances" as stated in RCW 58.17.033(l) could be used to describe a fee used to pay for City facilities, "such as traffic signals or a park," that may be indirectly impacted by new development. The court found that Transportation impact fees do not exercise a restraining or directing influence over land use, they only increase the cost. The Division Two court in New Castle Investments concluded further: The cost of a development, which is the only aspect of development affected by transportation, impact fees, is a large part of the developer's decision making. Certainly it is to the developers advantage if the cost can be determined early in the process and with some degree of certainty. But it does not necessarily follow that the cost of development is the type of expectation the vested rights doctrine was intended to protect. .... The transportation impact fee does not limit the use of land, nor does it resemble a zoning law. Instead, a transportation impact fee merely affects the ultimate cost of the development. Thus, it is not the type of expectation that vests under the vested rights doctrine. Thus, we see that the appellate court found such fees not to be vested under either statute or doctrine. How do we distinguish between the court's decision in Westside Business Park and New Castle Investments? Easily. Stormwater management controls, such as were at issue in Westside Business Park, usually affect the use and distribution of land on any given parcel proposed for development. A stormwater retention/detention pond can consume a significant portion of the development property and restrain or influence the distribution of uses throughout the remainder portion of that property. In contrast, the traffic impact fee in New Castle Investments and in the instant case of Stone Ridge, have no restraining or directing influence over land use —as the court said. If we translate the "impact fee" to the actual hardware required as significant adverse impact mitigation pursuant to SEPA, the "traffic signal", we still see that it is off -site and has no "restraining or directing influence over land use" —the criterion used by the court in both New Castle Investment and Westside Business Park. 3. The applicant argues, as a matter of statutory construction, that section 1.B.2 of Ordinance 12616 (codified as KCC 14.65.020.C.2) made the 1994 HCM the only directly code authorized metthodology for intersection LOS analysis in King County. "In view of KCC Charter Section 850 and by LL LL u` of* the applicant's Stone Ridge subdivision application being vcsted undo, Ordinance 12616," the applicant argues "the 1994 HCM must be construed as a continuing, directly authorized methodology for intersection LOS calculations until amended by the County Council." The argument continues that to interpret KCC 14.65 and KCC 14.80 consistently with King County Charter Section 850, the Council cannot be presumed to have delegated any authority to the National Research Council or the Transportation Research Board to amend applicable regulation in King County in the absence of specific Council authorization. In making this argument, the applicant cautions that no request to set aside any portion of KCC 14.65 or KCC 14.80 is being made —a ruling which everyone agrees would exceed the authority and jurisdiction of the Examiner. However, the applicant believes that an interpretation of KCC 14.65 and KCC L99P3008-Stone Ridge 11 14.80 consistent with King County Charter Section 850 would yield an Examiner's decision which affirms the applicant's arguments. The applicant's arguments are directed toward KCC 14.65.020.C.2: IS calculations. Intersection level of service shall be calculated according to the most recent Highway Capacity Manual or an alternative method approved by the Department of Transportation. The applicant's arguments are rejected for several reasons, including not only those set forth in conclusions nos. 1 and 2, preceding, but also the following: There is no doubt regarding the Council's intention as to the meaning of "most recent Highway Capacity Manual. In KCC 14.80.020.A the Council defined Highway Capacity Manual as meaning "special report 209 of the Transportation Research Board of the National Research Council, as currently amended. To strain for the "consistency" sought by the applicant would mean to directly disregard this explicit direction and definition by the Metropolitan King County Council. It will be presumed lawful until shown otherwise. The language at issue in KCC 14.65.020.C.2 does not wholly delegate any authority or responsibility to the Transportation Research Board or any other entity outside County government. It keeps the King County Director of Transportation in the driver's seat, so to speak, by authorizing the KCDOT director to use "an alternative method." In other words, if the "most recent" Highway Capacity Manual proves unacceptable, the decision to use an alternative method rests with the King County Department of Transportation, not the National Transportation Research Board. The authority to choose retained by the KCDOT director distinguishes the facts in this case from Osborn v. Psychiatric Review Board, 325 Or. 135, 934P2d 391 (1997), cited by the Applicant. No delegation has occurred, therefore, except to the KCDOT which clearly may make such decisions pursuant to King County Charter Section 850. That Charter section authorized the Director to "promulgate regulations in accordance to adequate standards established by the County Council." We note again that the intersection standard applicable to the SR 900/ 148"' Avenue Southeast has not changed under any of the ordinances considered in this appeal review. 4. The applicant argues that the KCDOT has no authority to go beyond the standards adopted by Council ordinance when the KCDOT director adopts a public rule. As indicated above, the KCDOT Director has not done that. This hearing record contains no evidence that the definition of Highway Capacity Manual as stated in KCC 14.80.020 has been exceeded by KCDOT. That definition requires KCDOT to use the Highway Capacity Manual "as currently amended." That is precisely whai KCDOT has done in ihis case. 5. As noted in finding no. 8, above, the burden of proof falls on the Appellant in a threshold determination appeal. Considering the preponderance of the evidence, the Appellant has not successfully borne that burden in this case. Considering the above findings of fact regarding traffic and drainage, and the entire hearing record, it must be concluded that the Department's threshold determination in this matter is not clearly erroneous and therefore cannot be reversed. L99P3008-Stone Ridge 12 6_ The Donnelly appeal is comprised principally of documentation of past occurrences, speculation about the future, and questions. The presentation of issues, questions and concerns is not sufficient to overturn a threshold determination. Rather, the determination (and the appeal review of that determination) must be based upon the preponderance of the evidence. The preponderance of the evidence in this case supports the Department's determination. T In addition, the following conclusions apply: There is no indication in the record that the Division erred in its procedures as it came to its threshold declaration of non -significance. Rather, the Appellant differs with the Department's assessment of impacts or the probability of potentially adverse impacts. Speculation or questions with respect to potential impacts cannot prove a probable significant impact that requires. the responsible agency to be overruled or to alter its initial determination. b. Although the Appellant argues that the information on which the Department based its determination was insufficient, there is no adequate demonstration that the information on which the Division based its determination is actually erroneous. The findings above, particularly regarding drainage conditions to be imposed to protect downstream property owners and the SR 900/148`h Avenue Southeast intersection, properly address probable significant adverse impacts. There is a substantial amount of information in the record regarding the various impacts which have been asserted by the Appellants Donnelly. The Department has not been unaware of these issues and has investigated (and reinvestigated) them, but has arrived at conclusions which differ from the Appellant's. The Department, having had access to the variety of issues and points of view and information expressed by the Appellant and others, maintains its original determination of non -significance. The Department's judgement in this case must be given substantial weight. d. In view of the entire record as submitted and in view of the State Environmental Policy Act, the Department's decision is not clearly erroneous and is supported by the evidence. PLAT CONCLUSIONS: 1. Any portion of any of the above findings that may be construed as a conclusion is incorporated here by this reference. 2. Other issues raised, principally by the applicant, such as recreation area standards and sub street tract improvement standards Nvere not addressed as objectionable at the apple-^t's cics.ng . t, ..�.. • YY presentation. 3. If approved subject to the conditions recommended below, the proposed subdivision will comply with the goals and objectives of the King County Comprehensive Plan, Subdivision and Zoning Codes, and other official land use controls and policies of King County. 4. If approved subject to the conditions recommended below, this proposed subdivision will make appropriate provision for the public health, safety and general welfare and for open spaces, for drainage ways, streets, other public ways, transit stops, potable water supply, sanitary wastes, parks and recreations, playgrounds, schools and school grounds, and safe walking conditions for students who only walk to school; and it will serve the public use and interest. L99P3008-Stone Ridge 13 The conditions for final plat approval recommended below are in the public interest and are reasonable requirements to mitigate the impacts of this development upon the environment. The dedications of land or easements within and adjacent to the proposed plat, as recommended by the conditions for final plat approval or as shown on the proposed preliminary plat submitted by the applicant, are reasonable and necessary as a direct result of the development of this proposed plat. SEPA DECISION: For the reasons indicated in condition nos. 1 through 7, above, the SEPA threshold determination appeals of both the Applicant and the Donnelly's are DENIED_ PLAT DECISION: The proposed plat of Stone Ridge is GRANTED preliminary approval: subject to the following conditions of final plat approval: Compliance with all platting provisions of Title 19 of the King County Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. The plat shall comply with the base density and minimum density requirements of the R-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification and shall be generally as shown on the face of the approved preliminary plat, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. Any changes to the plat design which are mandated by the conditions which follow shall also be permitted. 4. The applicant must obtain final approval from the King County Health Department. Existing septic tanks on the site must be properly abandoned prior to final Health Department approval. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards, established and adopted by Ordinance No. 11187. 6. The applicant must obtain the approval of the King County Fire Protection Engineer, to demonstrate compliance with the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. 7. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual must also be satisfied during engineering and final review. A. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual (KCSWDM). DDES approval of the drainage and roadway plans is required prior to any construction. L99P3008-Stone Ridge 14 B. Current standard plan notes and ESC notes, as established by DDES Engineering Review shall be shown on the engineering plans. C. The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings no. on file with DDES and/or the Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with the plans on file." D. Core Requirement No. 1: Discharge at the Natural Location. The applicant has received approval for a requested diversion of surface water flows within the project, under Drainage Adjustment LOOV0062. The conditions of approval of this drainage adjustment shall be satisfied during the design and review of the project engineering plans. E. Core Requirement No. 3: Runoff Control. To mitigate for downstream capacity issues, the applicant shall provide Level Three flow control, as outlined in the KCSWDM. The size of the proposed drainage tract may have to increase to accommodate the required detention storage volumes and water quality facilities. The stormwater facility shall be located in a separate tract and dedicated to King County, unless portions of the drainage tract are used for required recreation space in accordance with KCC 21A.14.180. As specified in Section 5.1.1 of the KCSWDM, roof drain storm water shall be infiltrated or dispersed within the lot area if the soil conditions are favorable. Infiltration of storm water for both lot areas and roadway improvements is recommended if determined to be feasible. A geotechnical report shall be provided to evaluate soil conditions, seasonal depth to groundwater, and other design requirements as outlined in the KCSWDM. F. Core Requirement No. 4: Conveyance Systems. As part of the applicant's submittal for engineering plan review, upstream flows shall be analyzed to determine whether there is adequate conveyance capacity in the existing 18- Il1�. 11 1..1V11- 11 crosses Il VllIIWGJI Lll1 UGl 1`fo llvGllllc SI Il1lV 11'QGl %� 111 111G GaJlGl 11 portion of the site. G. Core Requirement No. 8: Water Quality. The project is required to meet the Basic water quality requirements of the 1998 KCSWDM. L99P3008-Stone Ridge 15 H. Special Requirement No. 2: Floodplain Delineation. Because a wetland and two streams are located on the property, a floodplain analysis shall be performed. The 100-year floodplain boundaries shall be shown on the final engineering plans and recorded plat. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: . A. Road A shall be improved as an urban neighborhood collector between 148°i Ave. SE and Road C, and as an urban subcollector west of Road C. The design of the subject plat shall be modified so that the lots in the plat will not take individual direct access from the neighborhood collector portion of Road A. This modification to the design may result in the relocation of the proposed alignment of Road A. B. Roads C and D, at a minimum, shall be designed to the urban, subaccess street standard. C. Tract I shall be dedicated as public road right-of-way and improved to the urban, subaccess street standard. D. One -Hundred -Forty -Eighth Avenue Southeast along the frontage of the site shall be improved to the urban collector arterial standard,, including provision for a bicycle lane. E. Tracts M shall be improved as a private joint use driveway, and shall serve a maximum of two lots. Lots 40 and 41 shall have undivided ownership of the tract and be responsible for its maintenance. A note indicating the ownership of the tract and the parties which are responsible for its maintenance shall appear on the final plat and engineering plans. As specified in KCRS 3.01C, improvements to the tract shall include an 18-foot-wide paved surface and a minimum tract width of 20 feet. Drainage control shall include a curb or thickened edge on one side of the roadway. F. Tracts D,1~, and L shall be designed and improved as private access tracts, and shall each serve no more than six lots. The lots served by each tract shall have undivided ownership of the tract, and be responsible for its maintenance. A note indicating the ownership of each tract and the parties responsible for each tract's maintenance shall appear on the final plat and engineering plans. Improvements shall conform to KCRS 2.03 for urban minor access roads, which includes a 22-foot-wide paved driving surface.. The centerlines of Tracts D and F shall be aligned 'tt, ♦l o .o t:. o FD r rl d r ♦ively. 'T 1 Fact ,awl hall be -lth he centerhi es Vl ♦ oaUJ L Ul1U �, leJpet. al vl,.l �'. l lle lull111ll Ull! Ll QL�L WLULil J11Q11 VL. 26 feet with a maximum length of 150 feet. G. The width of Tract N may be reduced to 20 feet. No improvements to this tract are required. H. A temporary turnaround shall be provided at the terminus of Road A. If this turnaround is located off -site, easements shall be deeded to King County to allow for the temporary public use of the turnaround until Road A is extended further north as a public road. I. Street illumination shall be provided at the intersection of Road A with 148"' Ave. SE, a collector arterial, in accordance with KCRS 5.03. L99P3008-Stone Ridge 16 One -Hundred -Forty -Eighth Avenue Southeast along the frontage of the site may require a design for a bus zone and turn outs. As specified in KCRS 2.16, the applicant's design engineer shall contact METRO and the Issaquah School District to determine if a bus zone is needed, and if so, the specific design requirements. K. Modifications to the above road conditions may be considered by King County, pursuant to the variance procedures in KCRS 1.08. Boundary Line Adjustment LOOL0089 shall be completed and put into effect through the recording of deeds, prior to the approval of the engineering plans for the subject plat. 10. All utilities within proposed rights -of -way must be included within a franchise approved by the King County Council, prior to final plat recording. H . The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 12. Lots within this subdivision are subject to KCC 21A.43 and Ordinance 14009 which imposed impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. 13. There shall be no direct vehicular access to 1481h Ave. SE from those lots in the subject plat which abut this street. There shall be no direct vehicular access to the portion of Road A east of Road C from the lots which abut this portion of this street. A note to this effect shall appear on the final plat and engineering plans. 14. Twelve feet of additional right-of-way for 148`h Ave. SE shall be dedicated along the east property line, allowing for 42 feet of right-of-way from centerline. 15. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. L99P3008-Stone Ridge 17 The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building constriction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. 16. The proposed subdivision shall comply with the sensitive areas requirements as outlined in KCC 21A.24. Permanent survey marking, and signs as specified in KCC 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. 17. Preliminary plat review has identified the following issues which apply to this project. All other applicable requirements for sensitive areas shall also be addressed by the applicant. A. Wetland B (in Tract B) shall have a 25-foot native growth buffer, as measured from the wetland edge. Wetland A (extending from the north boundary of the site to the north boundary of the Road A right-of-way) shall have a 50-foot native growth buffer, as measured from the wetland edge, to the extent such buffer falls within the subject property. These wetlands and their required buffers shall be placed in Sensitive Area Tract in the subject plat. B. The streams crossing Tracts A and C shall have a 50-foot buffer measured from each side of the stream channel, to the extent such buffers fall within the subject plat. These buffers are not required where proposed road right-of-way in the subject plat crosses a stream channel. C. A 15-foot building setback line (BSBL) shall be established on the final plat from the «_ « 'M Dent > it b a « a ti cr « a i « a CA of u e serisiti vc areas t ac. s. a uC Uvi,l shall e delinea delineated on all aii-cwu lots anu tracts. D. Buffer averaging may be allowed, pursuant to KCC 21A.24.320 and 21A.24.360, provided the total amount of buffer area is not reduced and better resource protection is achieved, as determined by the King County Land Use Services Division (LUSD). If buffer averaging is proposed, a buffer averaging plan shall be submitted by the applicant for review and approval by LUSD. LUSD may require the submittal of a bond or other financial guarantee by the applicant to assure the installation and survival of required plantings for a five year period. L99P3008-Stone Ridge 18 1a E. The stream and wetland crossing by Road A is permitted. This road crossing shall comply with the provisions of KCC 21A.24.330N and 21A.24.370G. The amount of wetland area and stream affected by the road crossing shall be minimized to the extent feasible through the use of retaining structures, if determined appropriate by LUSD. A mitigation plan shall be submitted by the applicant for LUSD approval, to address impacts from the wetland/stream crossing. LUSD may require the submittal of a bond or other financial guarantee by the applicant to assure the installation and survival of required plantings for a five year period. F. The stormwater outfall facility for the stormwater ponds in Tract H shall not be placed in wetland or stream buffers, unless determined necessary by LUSD, pursuant to the provisions of KCC 21A.24.330H4. G. The applicant shall delineate all erosion hazard areas on the site on the final engineering plans. (Erosion hazard areas are defined in KCC 21A.06.415.) The delineation of such areas shall be approved by an LUSD senior geologist. The requirements found in KCC 21 A.24.220 concerning erosion hazard areas shall be met, including seasonal restrictions on clearing activities. 18. Suitable on -site recreation space shall be provided consistent with the requirements of KCC 21 A.14.180 and KCC 21 A.14.190 (i.e., sport court, children's play equipment, picnic tables, benches, etc.). The amount of recreation space provided shall equal or exceed 390 square feet per lot, as required by KCC 2IA. 14.180A. A. An overall conceptual recreation space plan shall be submitted for review and approval by LUSD, with the submittal of the engineering plans. The conceptual recreation plan shall include location, area calculations, dimensions, and general improvements. The approved engineering plans shall be consistent with the conceptual plan. B. A detailed recreation space plan (i.e., landscape specifications, equipment specifications, etc.) consistent with the overall conceptual plan noted in Item "a" above, shall be submitted for review and approval by LUSD and King County Parks, prior to or concurrently with the submittal of the final plat documents. C. A performance bond for recreation space improvements to assure their installation, and the survival of required plantings for a three year period, shall be posted prior to recording of the plat. 19. A homeowners' association or other workable organization shall be established to the satisfaction of LUSD which provides for the ownership and continued maintenance of the recreation and open space areas. 20. Street trees shall be included in the design of all road improvements within and adjacent to the subject plat. The street tree landscaping design shall comply with Section 5.03 of the KCRS and the following: A. Trees shall be planted at a rate of one tree for every 40 feet of frontage. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. B. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless LUSD determines that trees should not be located in the street right-of-way. • L99P3008-Stone Ridge 19 C. If LUSD determines that the required street trees should not be located within the right-of- way, they shall be located no more than 20 feet from the street right-of-way line. D. The trees shall be owned and maintained by the abutting lot owners or the homeowners' association or other workable organization, unless the County has adopted a maintenance program. This shall be noted on the face of the final recorded plat. E. The species of trees shall be approved by LUSD if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. F. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by LUSD prior to engineering plan approval. G. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if 148'h Ave. SE is on a bus route. If 148'h Ave. SE is a bus route, the street tree plan shall also be reviewed by Metro. H. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. A $538 landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. 21. Documentation shall be submitted from a licensed land surveyor to demonstrate that all required zoning setbacks are met for any existing residences or outbuildings that are retained on the site. The following conditions have been established under SEPA authority as necessary to mitigate the adverse environmental impacts of this development. The applicant shall demonstrate compliance with these items prior to final approval. 22. Eastbound and westbound left turn lanes shall be constructed by the applicant on SR 900, at the SR 900/148'h Ave. SE intersection. The design for the intersection shall be approved by the 117.. ,.L C�...a...- Oa.. a,. il,._.. _.---...a tT_..,.._.. _... a. ,..- 1117QT-1O \ A a 7_ rr aattutgtor, State Depat orient of i t aiispoi tattoo k rr ol-I ^t a rnininium, he existing el iterilig sight distance for the north and south legs of the intersection must be maintained. All construction work associated with turn lane construction shall be completed between April I" and September 30'h. This seasonal restriction shall appear on the final engineering plans. 23. The east leg of the SR 900/148"' Ave. intersection shall be modified, as necessary, so that the stopping sight distance requirements of WSDOT are met on the east leg of the intersection. (Note that per the applicant's engineer, this can be achieved by the clearing of vegetation along SR 900.) In addition, the applicant shall clear vegetation within the right-of-way along SR 900, east of 148"' Ave., to maximize the entering sight distance for the north and south legs of the intersection. L99P3008-Stone Ridge 20 24. A tree containing a red-tailed hawk nest is located on a parcel adjoining the north boundary of the site. Tract K in the subject plat, as depicted on the preliminary plat map received 10/9/00 (Sheet I of 3), lies south of this nest tree. This tract shall be labeled as a native growth open space tract on the final plat and engineering plans. This tract shall remain as undeveloped open space unless It is documented by the property owner, to the satisfaction of King County, that the nest is no longer used.by red-tailed hawks, i.e., abandoned for at least five years. If it is demonstrated that the nest has been abandoned, the tract may be developed through the approval of a future plat application, short plat application, or plat alteration application. If Tract K is subdivided, the number of lots created in this tract shall be consistent with the zoning and overall permitted density for the entire plat of Stone Ridge. A note implementing the preceding provisions shall appear on the final plat. 25. Except as provided below, outdoor construction activities on the subject property on any area lying within a radius of 650 feet from the nest shall be prohibited from February I through July 31. For a specific development permit, this seasonal limitation may be waived by King County if it can be shown to the satisfaction of the County that the nest is not being used by hawks. Any waiver will last for one nesting season, and must be renewed for subsequent nesting seasons. For any season in which nesting activity occurs, the July 31 seasonal limitation termination date may be adjusted by the County, based on a determination that the hatchlings have already fledged and the period of disturbance risk has passed. Any waiver or shortening of the seasonal limitation shall conform with Condition 5 below. A note implementing the preceding requirements shall appear on the final plat and engineering plans. 26. For any nesting season in which the applicant proposes a waiver or shortening of the seasonal limitation as provided in Condition 4 above, a plan formulated by a qualified wildlife biologist shall be submitted to DDES no later than February 1, describing protocols for monitoring the nest for hawk use, and if nest usage is taking place, for identification whether eggs have been laid and hatched and when fledging has occurred. Any proposed shortening or waiver of the seasonal limitation shall be based on the monitoring data, and is subject to the approval of DDES. A note implementing the preceding requirements shall appear on the final plat and engineering plans. 27. A six -foot -high cedar fence shall be constructed on the south boundary of Tract K, adjacent to Lots 26 — 34 and Tracts H and N. The purpose of this fence is to limit access to Tract K by the adjoining residents, and to lessen impacts on nesting red-tailed hawks. 28. To mitigate the significant adverse impact the plat of Stone Ridge has on the intersection of SR 900/1481h Ave. SE, the applicant shall either individually, or in conjunction with other developments in the area, install a traffic signal. The signal design shall be reviewed and approved by WSDOT, and an appropriate financial guarantee shall be posted prior to engineering piar, ai P N ____Ov-.-a, i. 29. All grading work in designated erosion hazard areas on the site shall be completed consistent with the seasonal restrictions appearing in KCC 16.82.150D. (See Condition 17g above.) A note to this effect shall appear on the engineering plans. ' L99P3008-Stone Ridge 21 • 1 ORDERED this 5th day of June, 2001. R. S. Tiq s eputy King Voyfity Hearing Examiner TRANSMITTED this 5th day of June, 2001, to the parties and interkfed persons of record: NOTICE OF RIGHT TO APPEAL In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of $125.00 (check payable to King County Office of Finance) on or before June 19, 2001. If a notice of appeal is filed, the original and six (6) copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before June 26, 2001. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office of the Clerk of the Council, Room 403, King County Courthouse, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (2)) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the Council. MINUTES OF THE MARCH 15, 22, APRIL 2 AND APRIL 3, 2001 PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L99P3008 — STONE RIDGE: R. S. Titus was the Hearing Examiner in this matter. Participating in the hearing and representing the Department was Lanny Henoch and Mark Bergam. Participating in the hearing and representing the Applicant was Attomey David Halinen. Participating in the hearing and representing the Appellants were Claudia and Michael Donnelly. Other participants in this hearing were Christine Hobbs, Kathy Torretta, Dr. Stephen Conroy, Aileen McManus, Robert Jones, Betty Filley, George Hayden, Jullianne Bruce, John Collins, Dan Balmelli, Chad Armour, Kevin Jones, Wayne Potter and Mark Bandy. The following exhibits were offered and entered into the record: Exhibit No. I DDES/LUSD File No. L99P3008 Exhibit No. 2 DDES/LUSD Staff Report, dated February 16, 2001 Exhibit No. 3 SEPA Environmental Checklist, signed by the Applicant, August 30, 1999 Exhibit No. 4 SEPA MDNS, published on November 3, 2000 Exhibit No. 5 Letter from Michael & Claudia Donnelly, dated November 26, 2000, received November 27, 2000, appealing the SEPA Determination. Exhibit No. 6 Letter from Curtis Schuster, Affidavit of Posting concerning the Notice of Application, and two additional pages (4 sheets total), dated October 13, 1999 Exhibit No. 7 Applicant's revised plat map, received October 9, 2000 Exhibit No. 8 Land use maps —Kroll Maps 800E, 801 W (E3-23-5 and W2-23-5) Exhibit No. 9 Assessors Maps—SE'/4 of 3-23-5, and SW '/4 of 2-23-5 Exhibit No. 10 Letter from Lanny Henoch, LUSD to Michael and Claudia Donnelly, containing a discovery request, dated December 20, 2000 Exhibit No. I I Letter dated January 10, 2001 from Michael and Claudia Donnelly containing a response to the December 20, 2000 LUSD discovery request. Exhibit No. 12 Drawing submitted by the Applicant entitled "Conceptual Open Space Plan;' received October 9, 2000 Exhibit No. 13 Letter dated July 11, 2000 from Joe Miles, P.E., and Jeff O'Neill, DDES, approving SWM Adjustment Request LOOV0062, and attached adjustment application and Applicant's cover letter (8 sheets total). Exhibit No. 14 Level 1 Downstream Drainage Analysis..., dated August 16, 1999, prepared by the Applicant's engineer, Daniel Balmelli, P.E. Exhibit No. 15 Supplemental Level I Drainage Analysis..., dated March 14, 2000 L99P3008-Stone Ridge 22 Exhibit No. 16 Wildlife Habitat Assessment, dated July 27, 1999, prepared by the Applicant's consultant EA Engineering, Science & Technology. Exhibit No. 17 Preliminary Wetland/Stream Assessment and Delineation, dated July 27, 1999, prepared by the Applicant's consultant EA Engineering, Science & Technology. Exhibit No. 18 Traffic Impact Analysis..., dated July 23, 1999, prepared by the Applicant's consultant The Transpo Group Exhibit No. 19 Additional traffic analysis from The Transpo Group concerning "Stone Ridge -Traffic Safety at SR 900/148" Avenue SE," dated August 30, 2000 Exhibit No. 20 Additional traffic analysis from The Transpo Group concerning "Stone Ridge -Response to WSDOT Comment Letter," dated August 30. 2000 Exhibit No. 21 Nine photographs of portions of Greenes Stream, taken on February 13, 2001 by Grant Smith, Environmental Engineer, King County Road Maintenance Operations Section. Exhibit No. 22 Letter dated February 7, 2001 from Craig Stone, P.E.. Area Adminstrator South King, Washington State Department of Transportation to Aileen McManus, KCDOT Exhibit No. 23 Memo from Connie Blumen, King County Parks, facsimile dated March 15, 2001, to Lanny Henoch, Department of Development and Environmental Services Exhibit No. 24 Notebook of information, entered by Appellant Donnelly Exhibit No. 24-1 Hand -drawn map Exhibit No. 24-2 Photographs Exhibit No. 24-3 Letter to DDES from Donnellys, dated December 4, 1999; response from DDES dated December 10, 1999 Exhibit No. 24-4 Basin Plan for May Valley, dated December 1, 2000, authored by Doug & Oscar Vandelin Exhibit No. 24-5 Letter dated July 11, 2000 to KB Taylor from Department of Development and Environmental Services Exhibit No. 24-6 Two letters, both from Mark Bergam, DDES to Mrs. Donnelly, dated September 20 and October 9, 2000, respectively Exhibit No. 24-7 DDES Information Bulletins 37 and 29 Exhibit No. 24-8 Neighborhood Drainage Assistance Program sheets Exhibit No. 24-9 Report prepared by Paul Tanaka for Mrs. Donnelly, dated 1995 Exhibit No. 24-10 Various excerpts (5-19 to 10-10, plus 3 spreadsheets) from 1995 Current and Future Conditions Report of May Creek, authored by King County, City of Renton and Citizens Advisory Council. Exhibit No. 24-1 1 Water analysis done by AMTEST Laboratories, received January 5, 2001 Exhibit No. 24-12 ' Photographs of SR 900/148t° Ave. SE intersection Exhibit No. 24-13 PROPOSED -Road Information Exhibit No. 24-14 WSP accident printout Exhibit No. 24-15 KCDOT accident data Exhibit No. 24-16 WSDOT letters to Aileen McManus, KCDOT, dated February 18, 2000, October 17, 2000 Exhibit No. 24-17 Transpo Group memo from Kevin Jones to Curtis Schuster, dated Exhibit No. 24-18 Seattle Times articles, "More Slipping and Sliding", dated January 6, 2001 Exhibit No..24-19 Seattle Times article, "Arenas Let More Games Begin", dated January 6, 2001 Exhibit No. 24-20 Transpo Group memo from Kevin Jones to Curtis Schuster, dated August 30, 2000 Exhibit No. 24-21 Short Sudivision No. L94SO102 (Bachman Short Plat) Exhibit No. 25 May Creek Basin Action Plan, dated December, 1998 Exhibit No. 26 Four color photographs, offered by Appellant Donnelly Exhibit No. 27 Letter from Craig Stone to Claudia Donnelly, dated February 5, 2001 Exhibit No. 28 Keech letter Exhibit No. 29 Anderson letter Exhibit No. 30 Hobbs letter Exhibit No. 31 Newspaper of traffic statistics, authored by Betty Filley (spec. page 3) Exhibit No. 32 Letter from Craig Stone, WSDOT, to Aileen McManus, KCDOT, dated October 4, 2000 Exhibit No. 33 Resume of Dan Balmelli, P-E. Exhibit No. 3.4 Conceptuai Storm Drainage map with colorized iocation of proposed stormarainage pond for Stone Ridge Exhibit No. 35 Revised/Additional Conditions (Nos.8.c, 24 & 29) to staff report (Exhibit No. 2) Exhibit No. 36 lnterlocal Agreement for Coordination with King County for Mitigation of Development Impacts on Intersections, received February 15, 1998 Exhibit No. 37 Resume and qualifications of Chad Armour Exhibit No. 38 Stone Ridge Plat Biological Evaluation, datedFebruary 1, 2001 prepared for KBS Ill. LLC by Chad Armour Exhibit No. 39A Video tape of Donnelly property and neighboring properties showing water flow Exhibit No. 39B Letter accompanying Exhibit No. 39A, to Lanny Henoch from the Donnellys, dated January 10, 2001 Exhibit No. 40A Seattle Times article "Mud May Fly....", dated February 19, 2001 Exhibit No. 40B Issaquah Press article, "A Flood of Problems", dated February 28, 2001 Exhibit No. 41 Letter to Examiner Titus from the Donnellys, received March 5, 2001 Exhibit No. 42 Letter of intent from KBS III, LLC, dated September 20, 2000 Exhibit No. 43 Seattle Times weather article "January Weather was a Yawn", dated February 2, 2001 Exhibit No. 44A Portion of HCM, Special Report 209, updated December, 1997 Exhibit No. 44B Portion of HCM, Special Report 209, updated October, 1994 y f' L99P3008-Stone Ridge 23 Exhibit No. 45 Resume of Kevin Jones Exhibit No. 46 Transpo Group memorandum from Kevin Jones to Curtis Schuster, KBS III. LLC, dated February 1, 2001. Exhibit No. 47A March, 2000 Biota Pacific Red Tailed Hawk Nest Site Management Plan for Stone Ridge Exhibit No. 47B June, 2000 Biota Pacific Red Tailed Hawk Nest Site Management Plan for Stone Ridge Exhibit No. 48 Excerpt, WSDOT Design Manual, April 1998 to November, 1999 Exhibit No. 49 Document, "Other Developments not in KCDOT Files, as of June, 2000 for Stone Ridge", annotated by Kevin Jones. Exhibit No. 50 February 22, 2001 letter from Kevin Jones and Holly Parsons, Transpo Group to WDOT, Craig Stone and John Collins. Exhibit No. 51 Transpo Group memorandum from Kevin Jones to Aileen McManus, KCDOT and John Collins, WSDOT, dated February 1, 2001 Exhibit No. 52 Transpo Group memorandum from Kevin Jones to David Halinen, dated March 30, 2001 Exhibit No. 53 Copy of King County Ordinance No. 12616 Exhibit No. 54 March 19, 2001 Neighborhood Drainage Assistance Program —Complaint No. 95-0420 Exhibit No. 55 King County Road Services Division traffic counts for 148ih Avenue SE at SR 900. with cover letter attached from Carla Kritsonis. Exhibit No. 56 WSDOT traffic counts for 1481" Avenue SE at SR 900 Exhibit No. 57 PUT 10-3-2, effective date April 26, 1999 Exhibit No. 58 October 30, 2000 letter from Kevin Jones, Transpo Group, to John Collins, WSDOT Exhibit No. 59 Voluntary Settlement Agreement to Mitigate Impacts to State Facilities, offered by John Collins Exhibit No. 60 Mr. Henoch's final argument (entered not as evidence, but to keep track of his notes) Exhibit No. 61 Examiner's Decision on SEPA threshold determination appeal, dated June 4, 2001 contained in this same report RST:gao (Plats/L99P3008 RPT Public Hearing September 8, 2003 2004 Renton Community Development Block Grant (CDBG) Contingency Plan The Human Services Advisory Committee (HSAC) recommends adoption of the following contingency funding plan should the amounts available for 2004 allocation increase or decrease: Community Development Block Grant Public Services If there is an increase in CDBG public services funding of less than $5,000, the HSAC recommends the increase in funding be distributed equally to the six agencies receiving funding. Should the increase be greater than $5,000, the Committee recommends funding the Institute for Family Development's PACT program to a maximum of $8,000. Funds in excess of that will be distributed proportionately to the already -funded programs except PACT, with a maximum amount not to exceed the amount requested in their application. If there are any remaining funds after the above distribution, the Committee recommends Community Health Centers of King County receive the balance for the dental program. If there is a decrease in the public services funding, the Committee recommends agency funding be decreased proportionately. Community Development Block Grant Capital Funding If there is an increase in CDBG Capital Funding, the Committee recommends funds be carried over to the 2005 CDBG program year unless the HSAC requests new applications/concept papers for funds and/or additional Council action is taken to allocate funds. If there is a decrease in CDBG Capital Funding, the Committee recommends the decrease be applied proportionately to all funded projects. Planning & Administration Any additional funds for Planning & Administration activities will be allocated to cover existing administrative costs for the Renton CDBG program. Funds not used for administration of Renton's CDBG program will be applied toward the cost of updating Linkages, Renton's Human Services Needs Assessment, and analysis and dissemination of 2000 census data. If there is a decrease in Planning & Administration funds, funding for Planning & Administration will be decreased by that amount. CITY OF REN A enc CDBG I Commt 2 COmml s Domes a ElderHl s Emer e s Institute 7 JFS ML s Refuge s Visiting TOTAL CDBG 10 City of I II Multi SE 12 King Cc TOTAL CDBG Total o Total a See reverse side for Cc incy Plan Funding History For Domestic Violence: DAWN, YWCA & King County Year CDBG Requested -DAWN CDBG Funded -DAWN 1998 $5555 $5000 1999 $30,000 $5000 2000 $30,000 $16,178 2001 $30,000 $10,858 2002 $15,500 $8,511 2003 $10,000 $10,049 + $2,039 2004 $12,600 $10,000 2003-2004 5ab,"tw 4 CgAg . aIPjkQ- 0-t 4tvP'b[[C.- �U6y-(ki� General Funds; Community Advocate Funded -DAWN, YWCA $15,000-DAWN $15,000-DAWN $29,000-DAWN $23,000-DAWN $23,000-YWCA $23,000-YWCA $23,000-YWCA $5000- KC Coalition against DV CITY OF RENTON MEMORANDUM DATE: September 8, 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 • The September edition of CitySource, the City's newsletter to citizens and businesses, was included in the September 3rd issue of the Renton Reporter. This edition featured articles about Neighborhood Grant Funding, Fall Recycling Day, new recreation opportunities, the upcoming Cuautla delegation visit, the 2004 Renton Community Calendar, and Renton City Council highlights. For an electronic version of CitySource, visit the Spotlight section of the City's website at www.ci.renton.wa.us. • Public comment is sought on the Design and Environmental Review of the I-405 North Renton Neighborhood Improvements. The Washington State Department of Transportation is hosting a public open house on Wednesday, September 17d', from 4:00 p.m. to 7:00 p.m., at Kennydale Elementary School, 1700 NE 28`h Street. Proposed improvements include two lanes in each direction, bus rapid transit, interchange and ramp improvements, and safety enhancements. • This Tuesday, September 90', wraps up the Renton Farmers Market at the Piazza. The Market will be open from 3:00 p.m. to 7:00 p.m. and features a bounty of fresh, locally grown farm products, including organic fruits and vegetables, cut flowers, eggs, baked goods, herbs, and more. COMMUNITY SERVICES DEPARTMENT • More than 350 children, parents, and friends enjoyed the End of Summer Reading Program event at the Renton Public Library on Monday, August 25"'. Don Ehlen, the Bug Man, presented an Insect Safari, the traditional end of summer activity due to the many requests to repeat it each year. This educational activity introduced the crowd to live bugs and hundreds of butterfly and moth specimens. • The Fall Recreation brochure is now available at the Community Center and City libraries. Try something new --sign up for sailing, yoga, hiking, tai-chi, or Chinese cooking. • The Valley Community Players begin their 390' season at Carco Theatre with the play Rumors, a delightful comedy by Neil Simon. The play will run from September 19"' through October 12`h. Call 425-226-5190 for information and tickets. • Prior to the season opener of the Valley Community Players on Friday, September 19ffi, the Municipal Arts Commission will hold a special award ceremony and reception from 6:15 p.m. to 7:15 p.m. in the Carco Theatre lobby. The winners of the teen art contest, Art is the Heart of Renton, will be announced and twenty juried-selected pieces from the School District's annual student art exhibit will be displayed. • Recreation Division's 2004 Youth Athletics Basketball and T-ball programs received a $7,200 donation from the Land O' Frost Great Tasting Lunchmeat Youth Sponsorship Program. Administrative Report September 8, 2003 Page 2 ECONOMIC DEVELOPMENT, NEIGHBORHOODS, & STRATEGIC PLANNING DEPARTMENT • The Liberty Ridge Homeowners Association will hold a kick-off picnic Tuesday, September 9 h, from 5:30 p.m. to 8:00 p.m. at their neighborhood common area, located across from the Quadrant Model Homes on NE l' Street. • In addition, this Wednesday, September 10d', the Maplewood Glen and Maplewood Garden Neighborhood Associations will hold their first combined City -sponsored neighborhood picnic, from 6:00 p.m. to 8:30 p.m. at Maplewood Park, located at 3330 SE 0h Street. • Residents are encouraged to attend and get to know their immediate and surrounding neighbors and meet City representatives. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • Another power outage was experienced on the Renton Grady 15 power grid on Friday, Sept. 5. The outage lasted from approx. 4:15 pm to approximately 6:30 pm, and affected the downtown customers along S. 2nd St. and S. 3rd St. who are served by Grady 15. PSE found a damaged underground electrical elbow which they replaced. PSE has stated that over the next week or two they intend to complete infrared testing of Grady 15 to try to find additional weak spots in the system. The Administration is preparing a letter to PSE Senior Vice President of Operations Sue McClain requesting that PSE take all needed steps to replace aging infrastructure and bring their service up to acceptable levels. • Last week the I-405 Executive Committee met and discussed a proposal for the bus rapid transit (BRT) system. This system would provide service along the I-405 corridor, and would add 10 bus stations and 19 BRT buses at a 10-year capital cost of approximately $436 M. The Executive Committee also discussed potential reduced funding concepts for the I-405 Corridor being worked on by the State Dept. of Transportation in the event of reduced revenues for the project. Renton's Executive Committee member Randy Corman expressed concern about a studied reduction of over $300 M to the scope of the I-405/SR 167 interchange, cautioning that this could reduce capacity of the planned interchange improvements and reminding the Committee that this interchange is considered the top priority of the corridor. Sen. Horn and KC Councilman McKenna joined Councilman Corman in expressing concern about reducing the scope of the improvements to this critical interchange. • King County Transportation plans to close Elliot Bridge, located north of Maple Valley Highway on Jones Road, to all traffic on Saturday, September 13"', from 7:00 a.m. to 6:00 p.m. for general maintenance work. • Renton residents can dispose of their household recyclable items during the 2003 Fall Recycling Day. The event will be held on Saturday, Sept. 13d', from 9:00 a.m. to 3:00 p.m. at Renton Technical College's north parking lot. This one -day event gives residents an opportunity to recycle large items and hard -to -recycle materials at one convenient location. For more information, call the information line at 425-430-7398 or the Solid Waste Utility at 425-430-7396, or visit the Spotlight section of the City's website at www.ci.renton.wa.us. • King County's Renton Transfer Station in the Highlands will be closed from September 8`h to late November for an extensive remodel. Alternate dumpsites include the Bow Lake Transfer Station, 18800 Orillia Road S. in Tukwila (hours of operation are 6:15 a.m. to 5:30 p.m. Monday through Friday, and 8:00 a.m. to 5:30 p.m. on Saturday and Sunday), and the Factoria Transfer Station, 13800 SE 32°d Street in Bellevue (hours of operation are 6:15 a.m. to 11:30 p.m. Monday through Friday, and 8:00 a.m. to 5:30 p.m. on Saturday and Sunday). • The final portion of Renton's 2003 Street Overlay program involves grinding and paving along Puget Drive between Talbot Road S. (SR 515) to the top of the hill in the Rolling Hills neighborhood. Weather permitting, the asphalt grinding will begin on Monday, September 8d'. If it rains, the project may be delayed until the weather clears up. The grinding and paving work is expected to take approximately a week to complete. Administrative Report September 8, 2003 Page 3 POLICE DEPARTMENT • During the week of September 9-15, the Police Department will be conducting traffic emphasis in the following areas: Renton Police Department Traffic Enforcement Emphasis September 9-15 Date 6:00 a.m. to Noon Noon to 6:00 .m. All Da Motorcycles/Cars Motorcycles/Cars Radar Trailer September 9, Tuesday SW Sunset Blvd (turns/speed) 1400 Houser Way (speed) 1900 blk, Redmond 400 blk, Cedar Ave S (speed) Rainier Ave N (speed) Ave NE September 10, Wednesday 1100 blk, Carr Rd (speed) 400 blk, Cedar Ave S (speed) 3700 blk, Sunset Maple Valle H (speed) 2600 blk, NE 7`b St (speed) Blvd NE September 11, Thursday Lk Wash Blvd (speed) Maple Valley Hwy (speed) 3700 blk, Sunset SW Sunset Blvd (turns/speed) 700 blk, SW Grady Way (speed) Blvd NE September 12, Friday 700 blk, SW 43d St (speed) 2700 blk, Benson Dr (speed) 3700 blk, Sunset Rainier Ave N (speed) Cit Hall/Benson Rd (lane change) Blvd NE September 15, Monday 1100 blk, Carr Rd (speed) Rainier Ave N (speed) 200 blk, S 2° St Rainier Ave N (speed) 1400 Houser Way (speed) CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact..... AJLS/Mayor's Office Mayor Jesse Tanner Subject: Library Board Appointment Connie Sholdra Exhibits: Community Service Application AI #: , 6 For Agenda of: September 8, 2003 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: Mayor Tanner appoints Connie Sholdra to the Library Board for an unexpired five-year term, which expires June 1, 2007. This appointment replaces Catherine Corman who resigned effective July 30, 2003. Ms. Sholdra's address is: 1823 Morris Avenue South, Renton, WA 98055; phone number is 425-255-2608. The other members of the Library Board are: Gene Craig, Cynthia Columbi, Lynne Shioyama, and Ken Ragland. STAFF RECOMMENDATION: Confirm Mayor Tanner's appointment of Connie Sholdra to the Library Board for an expired five-year term, which expires June 1, 2007. X Rentonnet/agnbill/ bh CITY OF RENTON APPLICA TION FOR COMMUNITY SERVICE AUG 0 4 2003 If you are interested in participating in local government by membership on any of the following City boardst-j% i�l %4t FF1CF committees, please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98055 Check the boards/con2n:issions/conunittees in which you are interested: ❑ AIRPORT ADVISORY COMMITTEE * 5d LIBRARY BOARD ❑ BOARD OF ADJUSTMENT * ❑ MUNICIPAL ARTSCOMMISSION ❑ BOARD OF ETHICS * ❑ PARK BOARD ❑ CIVIL SERVICE COMMISSION * ❑ PLANTNING COMMISSION ❑ HOUSING AUTHORITY * ❑ SENIOR CITIZENS ADVISORY COMMITTEE ❑ HUMAN RIGHTS & AFFAIRS COMMISSION * ❑ SISTER CITY COMMITTEE - CUAUTLA ❑ HUMAN SERVICES ADVISORY COMMITTEE * ❑ SISTER CITY COMMITTEE - NISHIWAKI *Special membership requirements apply. Visit www.ci.renton.wa.us or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR. ❑ MS. W NAME eyl ©� (J1 /`t2i DATE YLJyi 3 I, ,2Ot7 3 ADDRESS I S Z 5 M O RIZ i,S - M E 5 o ZIP CODE L S 05 J PHONE: DAY y 25. 2-SS. 2-(,,0 6 NIGHT 5aM e- EMAIL RENTON RESIDENT? ye S HOW LONG? S i nGe 1 9 7 5 (09 er-w&s CITY OF FORMER RESIDENCE l5 el i C V L L EDUCATIONAL BACKGROUND L(!)MPtk[e-T bvt�f►7�cipMP - S.dSi��rn4S r��Y, t2+�-t'Uvt - �� I(J OCCUPATION_rna✓1 U - rno-k-kez, EMPLOYER — OCCUPATIONAL BACKGROUND 5�1200� +eaG��r-iF��£ S COMMUNITY ACTIVITIES (organizations/clubs/service groups, etc.) 'Pre-SlckeAI 1A S A 6ko✓V►E"ooie.r'S SttpPer'f- oc .JCL i00plus �arvlre!giL q-rota 1 'incs Re -e C-0 5 ►fie Ski Its L' oack - 1 5' -T�-e al� Crea.4r- Sea-+41e C Va 8asebaIl oack ( Span iSkL' lasses(-i classes o ievelsa Library 4aois Sale v0lunke�- S��iexr's REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMTZ1TTEE PIV / CAN ATTEND DAY MEETINGS? CAN ATTEND NIGHT MEETINGS? ti$ / Applications will be kept on file for one year. If you have questions about serving on a board, commission, or committee, please feel free to contact the Mayor's Office at 425-430-6500. 121001 IRG111134ie . =t 401cL S"el < �iUr�/�s//,rsiyl, 'EI-V2 24y' AN'v P0S , 77 01V . CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: For Agenda of: September 8, 2003 Dept/Div/Board.. AJLS/City Clerk Agenda Status Staff Contact...... Bonnie Walton Consent..............X Public Hearing.. Subject: Street Vacation Petition for portion of alley located Correspondence.. south of S. 2nd Street between Williams and Wells Ordinance ............. Avenues S.; Savren Service Corporation; VAC-03-002 Resolution ............ X Old Business........ New Business....... Exhibits: Verification of Street Vacation Petition Study Sessions...... Petition, legal, map Information......... Resolution setting public hearing Recommended Action: Approvals: Adopt resolution setting public hearing date of Legal Dept......... 10/6/2003; refer to Planning/Building/Public Works Finance Dept...... Administrator for recommendations. Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: On July 30, 2003, a petition was submitted by Savren Service Corporation, PO Box 358, Renton, 98057, representing property owners H.A. Blencoe and Victor Karpiak, requesting vacation of portion of the alley between Williams and Wells Avenues South, south of South 2nd Street. The Planning/Building/Public Works Department reports that more than two-thirds of the abutting property owners have signed the petition representing 100% of the frontage. STAFF RECOMMENDATION: Adopt resolution setting public hearing on 10/6/2003; and refer petition to the Planning/Building/Public Works Administrator for determination of advisability of the vacation and need for retention of easements. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 29, 2003 TO: Bonnie Walton, City Clerk /, FROM: Karen McFarland, Technical Services, 7209 <U SUBJECT: VERIFICATION OF STREET VACATION PETITION, VAC 03-002, SAVREN SERVICE CORPORATION PETITIONER; PORTION OF ALLEYWAY BETWEEN WILLIAMs AVE. S AND WELLS AVE S. We have received and reviewed the above referenced petition and find it valid. u/ More than two-thirds of the a u ing property owners have signed the v/ petition. (Approximately IM Vo of the frontage is represented by those who have currently signed th etition.) C li_� V-w4i(ch h cs'y-) ThueAtioner's maps and legal description are sufficient. 0. VlQ( V The petitioner's explanation of public benefit is sufficient. Please request the City Council to set a resolution which fixes the time for a public hearing (pursuant 2qi ) 2UO3 1.1 Additionally, since this alley is developed, notice must be mailed to all property owners within a radius of three hundred feet (300') of the proposed vacation area. (Attached, please find the mailing list of property owners.) APR-Z1-ZO03 11:03AM FROM-BAYLIS ARCHITECTS 425-453-0013 PETITION FOR STREET VACATION T-114 P.002/003 F-391 CITY OF RF>`'rION IN THE CITY OF RENTON t To the Honorable Mayor and Date -7. � ,DS Members of the City Council CCUE , ; C1 t <� S OFF; City of Renton Circulated By: '-iAVJ�-q 1 16A[i/!L8 djg%w. 1055 S. Grady Way Renton, WA 98055 Address: Dear Mayor Mayor and Council Members: Telephone• � Z���D We, the undersigned property owners abutting a certain portion of public Right -of -Way, respectfully request the vacation of the street or alleyway as described on the attached "Exhibit A" and A"y' TO 73tj—= Wgsr AF fs7''54Vtc/65 A4Ix 4$--A94J% 4 commonly known as: J,e-,,AS/9m 5 A Wi 44AA,Z ir.. 5-1 (insert closest cross streets and reference the street name, i.e. A Bog sweet from Bicycle Alley to sfulom Avenue NE.) We request a time and place be fixed when this petition will be heard by the City Council. Of the property owners abutting the area of this petition--102_% 12/3 or more required] of the lineal frontage have agreed and indicated their joining this petition with their signatures below: SER�,�ICE ORATION FIRST SAVI)4GS. BA _OF signature signature H. A. Blencoe 425-255-4400 print name phone S. 2nd St & Williams Ave S Renton address 723150-1825-06 723150-1830-09 property identification number Victor Karpiak 425-255-4400 print name phone S. 2nd St. & Wells Ave S. Renton address 723150-1940-06 property identification number Instructions: I. Insert name of street. (i.e. NE 4th, alleyway east of Sunset Blvd.) 2. Attach complete legal description (i.e. metes and bounds, etc.) ak 3. Have the applicable property owners provide the following: a) Sign name. (Signatures of owners of 2/3 of lineal frontage must sign. Spouses do not need to sign. Owners in common must sign.) b) Print name and phone number. c) List Property address and King County tax parcel identification number. 4. Attach a map to the petition designating the vacation boundaries. . 5. Attach a brief statement of the purpose to be served by the street vacation. #.'6. Submit $250.00 filing fee with application. SUBMIT PETITION TO THE CITY CLERK, SEVENTH FLOOR, RENTON CITY HALL. H:1File SysTRM - Property Services AdministrationWdministraTive\FormalStrcct Vacation Pcotion-doc July 30, 2003 City of Renton Technical Services Section 1055 South Grady Way Renton, WA 98055 Attention: Karen McFarland RE: First Savings Bank of Renton JOB NO.: M3-0355 Subject: Savren Service Corporation - Renton Proposed Alley Vacation Dear Karen: PRINCIPALS Brian Brand, AIA Richard L. Wagner, AIA Thomas Frye, Jr., AIA Johan Luchsinger, AIA Michael D. Chaplin, AIA CITY OF RENTO? 3 ,�: '1ij d ?! di 0 , l;-J-a .i '._ %d L RE0E:NE CITY U_21:RK: ,OFFICE Please see the attached alley vacation application package for Savren Service Corporation. This application comes as the result of a process that is described below. On May 22nd of this year, we submitted our original alley vacation application package to the City of Renton. The proposal was to vacate just the portion of alley located between Parcels A & B (see attached plan), and providing a utility and access easement through Parcel C. Prior to accepting the application, you notified our office that the City preferred that the entire length of the alley (in this block) be vacated. In following your wishes, our client then directed us to contact the owners of all properties that abutted the alley, seeking their support for vacating the entire alley. An example of this package is enclosed. To date, only one of the other five owners has responded — the other four property owners have remained silent — to our letters and telephone messages. We have since concluded that a proposal for vacating the entire alley is unrealistic, and have shifted our application back to the original goal of vacating just the northern portion of the alley. 10801 Main Street Bellevue, WA 98004 T 425 454 0566 F 425 453 8013 www.boylisofchitects.com City of Renton/ K. McFarland July 30, 2003 Page 2 We believe you will find the enclosed alley vacation application complete and look forward to hearing from you soon. Sincerely, BAYLIS ARCHITECTS Gu ec ham, AIA Associate Enclosure: Submittal Package for Alley Vacation Cc: Victor Karpiak — Savren Service Corp. GP: amp PRINCIPALS First Savings Bank of Renton Brian Brand, AIA Richard L. Wagner, AIA July 30, 2003 Thomas Frye, Jr., AIA Johan Luchsinger, AIA Michael D. Chaplin, AIA PROPOSED ALLEY VACATION / Block 22 of the Town of Renton Plat / Renton, Washington Legal Description For Alley Vacation The alley is located in the block bordered by South Second Street to the north, Wells Avenue South to the east, South Third Street to the south, and Williams Avenue South to the west. The alley is continuous through the block, with the exception of the southernmost portion at South Third Street. Section SW 17, Township 23, Range 5 While an alley legal description has not been documented, it will include approximately 5,600± SF of area between the parcels noted above. For the purpose of the proposed alley vacation, the parcels on either side of the alley have been named as follows: Parcel A Parcel is located on the southeast corner of Williams Avenue South and South Second Street. King Co. Assessor's Parcel No. 7231501825 & 7231501830 Section SW 17, Township 23, Range 5 Lots 1, 2 and 3, Block 22, Town of Renton, according to the plat thereof recorded in Volume 1 of Plats, page 135, in King County, Washington; Except the east 8 feet thereof conveyed. to the City of Renton by deed recorded under Recording No. 2418126, Records of King County; Washington. Parcel B Parcel is located on the southwest corner of Wells Avenue South and. South Second Street. King Co. Assessor's Parcel No. 7231501935 & 7231501940 Section SW 17, Township 23, Range 5 Lots 18, 19 & 20, Block 22, Town of Renton. Parcel C Parcel is located mid -block on. the west side of Wells Avenue South. King Co. Assessor's Parcel No. 7231501930 Section SW 17, Township 23, Range 5 Lot 17, Block 22, Town of Renton. END OF LEGAL DESCRIPTION 10801 Main Street Bellevue, WA 98004 T 425 454 0566 F 425 453 8013 www.boylisarchitects.com PRINCIPALS Brian Brand, AIA Richard L. Wagner, AIA Thomas Frye, Jr., AIA Johan Luchsinger, AIA First Savings Bank of Renton Michael D. Chaplin, AIA Renton, Washington July 30, 2003 PUBLIC BENEFIT RESULTING FROM ALLEY VACATION Alley Site For the purpose of the proposed alley vacation, the parcels on either side of the alley have been named as Parcel A (southeast corner of Williams Avenue South and South Second Street) and Parcel. B (southwest corner of Wells Avenue South and South Second Street). The proposed alley vacation includes the section of alley (±2,400 SF) between the parcels noted above. Purpose of Alley Vacation An alley vacation is proposed for the purpose of creating an integrated corporate campus housing a new banking facility on Parcel A with a remodeled existing banking facility on Parcel B. The vacated alley area would contain a street -level landscaped pedestrian entry plaza, drive -up teller exit lane (to the south), and underground parking connecting to the new banking facility. Access to parcels current served by the alley would be made through Parcel C — currently a surface parking lot to the south of Parcel B. Public Benefits A number of public benefits will result from the proposed alley vacation. Please refer to the attached map exhibits for the following items. 1) Reduction of Traffic Entering/Exiting South Second Street Existing Condition The alley currently serves as a vehicular entrance/exit for five property owners. In addition, the alley also handles all vehicles leaving the existing drive -up banking teller on Parcel A. Benefit of Alley Vacation By vacating the alley and routing all existing vehicular traffic through Parcel C, vehicle travel on South Second Street (4 lanes, one-way, no curb parking) would become safer. The new access would connect to Wells Avenue South (2 lanes, one-way, curb parking both sides); a street with lower traffic volumes and slower travel speeds. 10801 Main Street Bellevue, WA 98004 T 425 454 0566 F 425 453 8013 www.baylisarchilects.com Alley Vacation — Public Benefits July 30, 2003 Page 2 2) Enhancement of Pedestrian Environment Existing Condition The existing bank on Parcel B "turns its back" to the alley, as does the currently lot on Parcel A, leaving the alley as a utilitarian space that is not pedestrian -friendly, either in safety or appearance. Benefit of Alley Vacation Vacating the alley will allow for the development of a street -level landscaped pedestrian entry plaza that will offer a pleasing a safe public outdoor space usable by all pedestrians. This change will result in an increased benefit to public health, safety and general welfare. 3) Increased Tax Base Existing Condition The existing alley is part of a public right-of-way and, as such, does not generate tax income for the City of Renton's resources. Benefit of Alley Vacation Compensation from the vacation will be added to the City's Street Fund. In addition, vacating the alley will add 2,400±SF of private, taxable real estate to the City's tax base, thus generating additional funds for the City's resources. 4) Reduction of Maintenance Existing Condition As a public right-of-way, the City currently maintains the alley throughout the year. Benefit of Alley Vacation Vacating the alley will reduce the amount of right-of-way area needing maintenance, thus lowering demand of City services. 5) ' Not Required for Traffic Circulation Effect of Alley Vacation As the existing alley is not required for overall circulation of traffic within the City, vacating the alley will have almost no noticeable effect on traffic circulation END OF PUBLIC BENEFITS EXHIBIT A LEGAL DESCRIPTION STREET VACATION VAC-03-002 The east 8.00 feet of Lots 1, 2 and 3 and the West 8.00 feet of Lots 18, 19 and 20, Block 22, Town of Renton, according to the plat thereof, as recorded in Volume 1 of Plats, Page 135, records of King County, Washington, described as follows: Commencing at the northwest corner of said Lot 1; Thence South 89°53'56" East along the north line thereof, a distance of 112.13 feet, more or less, to the west line of the east 8 feet of said Lot 1 and the True Point of Beginning; Thence continuing South 89°53'56" East along said north line and the north line of said Lot 20, a distance of 16.00 feet, to the east line of the west 8 feet of said Lot 20; Thence South 00°00' 52" East along said east line of the west 8.00 feet of said Lots 20, 19 and 18, a distance of 150.04 feet, more or less, to the south line of said Lot 18; Thence North 89°53'55" West along said south line of Lot 18 and along the south line of said Lot 3, a distance of 16.00 feet to the west line of the east 8 feet of said Lot 3; Thence North 00°00'52" West along said west line of the east 8.00 feet of said Lots 3, 2 and 1, a distance of 150.04 feet, more or less, to the True Point of Beginning. ALL SITUATE in the Southwest Quarter of Section 17, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE LEGAL DESCRIPTION SHALL PREVAIL. 0 S. 2ND STREET 0 n �- S89'53'S6"E 112.13' -' 1 30' 30, 0 O 2 n w N89'53'56"W 16.00' _ N89'53'56"W 112.13' 20 I I 30' 30' v o 0 19 > ----- ------j Q 3 3 N N Q 3 0 o I =� J_ Z Z - SE39'53'55"E 112.09' �I 4 /' I I 16.003'SS"E 17 I �—---- O,N OF) �0<e; PC 0" I - s �i WI > Q -I J 3 SCALE: 1" = 50' 0 25 50 100 TRIAD ASSOCIATES 11814 115th Ave. NE Kirkland, WA 98034-6923 425.821.8448 MANAGER: GO DESIGNED: CADD: AJ CHECKED: BC DATE: 8-20-03 SCALE: HORIZ.: 1"=50' VERT.: JOB NUMBER 03-128 SHEET NUMBER 1 or 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A HEARING DATE TO VACATE THE ALLEY LOCATED SOUTH OF S. 2'D ST., BETWEEN WILLIAMS AVENUE S. TO THE WEST AND WELLS AVENUE S. TO THE EAST (SAVREN SERVICE CORPORATION) (VAC-03-002). WHEREAS, a Petition has been filed with the City Clerk of the City of Renton on or about July 30, 2003, pursuant to the requirements of RCW 35.79, petitioning for the vacation of a portion of a certain street, as hereinafter more particularly described, and said petition having been signed by the owners of more than two-thirds (2/3) of the property abutting upon a portion of said street sought to be vacated, and same being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (The alley running north to south, south of S. 23d Street, between Williams Avenue S. to the west and Wells Avenue S. to the east.) NOW, THEREFORE, THE CITY COUNCIL x OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. That the 6`h day of October, 2003, at the hour of 7:30 P.M. at the City Council Chambers at City Hall, Renton, King County, Washington, be and is hereby fixed as the time and place for a public hearing to consider the aforesaid Petition for vacating the aforesaid alley running north to south, south of S. 2nd Street, between Williams Avenue S. to the west and Wells Avenue S. to the east, which said hearing date is not more than sixty nor less than twenty days from the date of passage of this Resolution. SECTION II. The City Clerk is hereby authorized and directed to give notice of said time and date of the hearing as provided in RCW 35.79.020 and any and/or all persons interested therein or objecting to said vacation may then appear and be heard thereon, or they 1 RESOLUTION NO. may file their written objections thereto with the City Clerk at or prior to the time of hearing on said vacation. SECTION III. The City Council shall determine, as provided in RCW 35.79.030, as to whether an appraisal shall be secured to determine the fair market value of the property sought to be vacated as provided for in Ordinance No. 4266, and the amount of compensation to be paid by the Petitioner -Owners to the City for such vacation. The City likewise reserves the right to retain an easement for public utility and related purposes. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney RES.1009:9/3/03:ma Jesse Tanner, Mayor 2003. 2 EXHIBIT A LEGAL DESCRIPTION STREET VACATION VAC-03-002 The east 8.00 feet of Lots 1, 2 and 3 and the West 8.00 feet of Lots 18, 19 and 20, Block 22, Town of Renton, according to the plat thereof, as recorded in Volume 1 of Plats, Page 135, records of King County, Washington, described as follows: Commencing at the northwest corner of said Lot 1; Thence South 89°53'56" East along the north line thereof, a distance of 112.13 feet, more or less, to the west line of the east 8 feet of said Lot 1 and the True Point of Beginning; Thence continuing South 89°53'56" East along said north line and the north line of said Lot 20, a distance of 16.00 feet, to the east line of the west 8 feet of said Lot 20; Thence South 00°00'52" East along said east line of the west 8.00 feet of said Lots 20, 19 and 18, a distance of 150.04 feet, more or less, to the south line of said Lot 18; Thence North 89°53'55" West along said south line of Lot 18 and along the south line of said Lot 3, a distance of 16.00 feet to the west line of the east 8 feet of said Lot 3; Thence North 00°00'52" West along said west line of the east 8.00 feet of said Lots 3, 2 and 1, a distance of 150.04 feet, more or less, to the True Point of Beginning. ALL SITUATE in the Southwest Quarter of Section 17, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE LEGAL DESCRIPTION SHALL PREVAIL. S. 2ND STREET o N89'53'56"W n 16.00' 1�- S89'53'S6"E 112.13' - N89'53'567W 112.13' 1 20 30' 30' I 30' 0 o to o (n 2 19 lj > l� - � N o 0 3 _Q I 0 0 18 Q J O 0 Z Z _. � I — - S89'53'55 E t Li 4 I S89'53'55"E 16.00' 17 TOwN I O — — — — 2REj�T Oti ?s 30' SCALE: 1" = 50' 0 25 50 100 TRIAD ASSOCIATES __— 11814 115th Ave. NE Ktridand, WA 98034-6923 R MIJ V4� 2 H 3 MANAGER: 00 DESIGNED: CADD: AJ CRECKED: 8C DATE: 8-20-OJ SCALE MORM: I --50' VERT.: JOB NUMBER 03-128 SHEET NUMBER 1 of 1 CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND STRATEGIC PLANNING MEMORANDUM DATE: August 28, 2003 TO: Kathy Keolker-Wheeler, Council President City Council Members VIA:, Mayor Jesse Tanner FROM: Alex Pietsch, Administrator Economic Development, Neighborhoods and Strategic Planning Department STAFF CONTACT: Don Erickson (X-6581) SUBJECT: Proposed Stoneridge Annexation 10% Notice of Intent ISSUE: The City is in receipt of a Notice of Intent to annex about 28 acres to the City of Renton by direct petition (Figure 1, Vicinity Map). State law requires that the Council hold a Public Meeting with annexation proponents to decide whether to accept, reject or geographically modify the proposal, whether to require the assumption of bonded indebtedness and whether -to require the simultaneous adoption of zoning. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 10% Notice of Intent. If Council concurs with this recommendation, the Administration recommends that Council take the following actions (pursuant to RCW 35A.14.120): • Amend the proposed annexation area to include the abutting SR 900 — Renton -Issaquah Road right-of-way; • Authorize the circulation of the 50 % Petition to Annex for the proposed amended area; and, • Require that property owners within the proposed annexation area assume a proportional share of the City's outstanding indebtedness. BACKGROUND SUMMARY: The irregularly shaped Stoneridge Annexation site has not previously been considered for annexation to Renton. It is located north of the proposed Hendrickson Annexation on the south side of SR 900. Proposed Stoneridge Annexation 10% Notice of Intent July 16, 2003 Page 2 1. Location: The proposed 28-acre, more or less "rectangular" shaped, Stoneridge Annexation is roughly located between Jericho Avenue SE, if extended, on the west, 148 h Avenue SE on the east, NE 19'h Street, if extended, on the north, and, NE 16'h Street, if extended on the south. 2. Assessed value: The assessed valuation at current development is $2,720,000. Natural features: The site generally slopes northward with a ravine and Greenes Creek running through the middle of the site. Slopes of 25% exist on the western side of this ravine and slopes of approximately 15% exist on its eastern site. There is nearly a 100-foot change in elevation across the '/a mile wide site. (Figure 2, Topography). 4. Existing land uses: Existing development includes eight dwellings and various associated structures with lots varying from 0.34 acres up to 7.12 acres in size. Two of the 10 lots are currently vacant. (Figure 3, Existing Structures) The center portion of the annexation site is the subject of a proposed 45-lot subdivision. Preliminary plat approval for this subdivision was granted in King County for a maximum of 51 lots, however, the developer and annexation proponent has stated that final plat approval will be through the City and will be for a maximum of 45, rather than 51 lots. Existin zoning: oning_ King County zoning is R-4. R-4 allows up to a base density of four units per gross acre, and up to six units per acre with incentives and transfer of density credits. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject annexation site Residential Rural (RR). The subject annexation as well as the area to the north and south (to NE Sunset Blvd.) was prezoned in 1997 to R-5 and R-1. All of the annexation site as well as the area to the south of it was zoned R-5 at that time. 7. Public services: All responding departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Water Utility. The subject area is within the water service area of Water District #90 by agreement under the East King County Coordinated Water System Plan. A certificate of water availability from the District will be required prior to the issuance of development permits within the subject area, following annexation to the City. Hydrant flow test and hydraulic analysis of the District's system will also be required for new development in the annexed area. The District must provide adequate water supply and pressure for new development within the City and must meet Renton's standards for fire protection and domestic water service. The City should verify that adequate water supply is available from the District's system for fire protection of new development. Staff notes that the City reserves the right to assume ownership of Water District #90's water system within City limits as allowed by State law. Sewers. The area is not currently served by sewer. Sewer exists in the Summerwind Subdivision abutting the site to the west. Sewers would be extended by developer extension as the annexation area develops. Sewer availability certificates have already been issued for the proposed 44-lot Stoneridge Development approved in King County and located approximately in the middle of the 28-acre annexation site. Parks. The City has a shortfall of both neighborhood and community parkland in this area. King County owns about 39 acres of parkland, primarily undeveloped, about 3/10's of a mile to the southeast of the proposed annexation. In the past, the County has expressed an interest in conveying these properties to the City, with their annexation. Development of the parkland CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Community Services Dept/Div/Board.. Golf Course Staff Contact...... Leslie Betlach — ext. 6619 Kelly Beymer - ext. 6803 Subject: Renewal of Lease and Concession Agreement All My Restaurants, Inc. dba RiverRock Grill and Alehouse Exhibits: Issue Paper Lease Agreement AIM ' For Agenda of: Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions...... Information......... 8, 2003 Recommended Action: Approvals: Refer to Community Services Committee Legal Dept ..... X.... Finance Dept...... Draft pending Park Board Recommendation Other ............... Fiscal Impact: Expenditure Required... $ Transfer/Amendment....... Amount Budgeted....... $ Revenue Generated......... Total Project Budget $ City Share Total Project.. SUMMARY OF ACTION: Renewal of Lease and Concession Agreement between the City of Renton and All My Restaurants, Inc. for a six (6) year term. Lease has no significant changes and has been reviewed to satisfy staff. The City has the option at the end of agreement to renew for three (3) years. i:/ STAFF RECOMMENDATION: Approval of staff recommendation to renew the lease and concession agreement in current revised form for a six (6) year term. Rentonnet/agnbill/ bb CITY OF RENTON Community Services Department ti`SY O 0 Committed to Enriching Lives 0 MEMORANDUM TO: Kathy Keolker-Wheeler, Council President Members, Renton City Council VIA: r�( Mayor Jesse Tanner FROM: Dennis Culp, Community Services Administrator STAFF CONTACT: Leslie Betlach, Parks Director Kelly Beymer, Golf Course Manager SUBJECT: All My Restaurants, Inc. — Lease Renewal Draft — Pending Park Board Recommendation DATE: August 15, 2003 ISSUE Renew All My Restaurants, Inc. dba RiverRock lease for a six (6) year term at Maplewood Golf Course. The City has the option at the end of the agreement to renew for three (3) years. RECOMMENDATION Staff recommends to continue a concessionaire agreement between the City of Renton and All My Restaurants, Inc. for a term of six (6) years, commencing October 1, 2003. BACKGROUND SUMMARY All My Restaurants, Inc. is the only concessionaire located at Maplewood Golf Course. The original lease agreement was executed November 15, 1995 and expired November 16, 2001. The concessionaire has been operating on a `month to month' agreement since the original lease expired. All payments and debts have continued to remain current with the City of Renton for a period of one (1) year. The lease has no significant changes, with the exception of the following minor adjustments: • Lease percentages based on gross revenue have remained unchanged with the exception of adding Tent revenue to current Restaurant and Lounge percentage. Banquets - Flat 9 % Restaurant, Lounge & Tent - 7% up to $775,000 6% above $775,000 Annual revenue from Concessionaire to City of Renton - $195,000 • Kitchen Equipment seven (7) year purchase agreement has been fulfilled. • City has established a formalized utility billing procedure, thus eliminating the need to prorate. I:\Concess\Issue paper - concessionaire lease renewal.doc By renewing the concessionaire lease contract, a consistent and quality product will be provided to our customers. It will eliminate `down time' through a new concessionaire transition, ensure that the current revenue structure would continue, and our proven relationship and customer service standards would remain at a high level. CONCLUSION Renewing a six (6) year lease agreement with All My Restaurants, Inc. will allow a solvent and profitable business to provide excellent service to the City of Renton and patrons of Maplewood Golf Course. I:\Concess\Issue paper - concessionaire lease renewal.doc yY O ♦, '- Community Services Maplewood Golf Course TO: Renton Park Board From: Leslie Betlach, Parks Director Kelly Beymer, Golf Course Manager Date: August 15, 2003 Subject: Concessionaire Lease Renewal - Staff Recommendation Park Board Members, Negotiations between All My Restaurants, Inc. and the City of Renton concerning the renewal of the concessionaire's lease agreement have been completed with no significant modifications. The City of Renton's representatives, Larry Warren, Leslie Betlach, Kelly Beymer are satisfied with the changes and requirements edited in the lease. Lease percentages based on gross revenue have remained unchanged, with the exception of adding Tent revenue to Restaurant and Lounge percentage. • Banquets - 9% Restaurant, Lounge, Tent - 7% up to $775,000 6% above $775,000 Annual revenue City of Renton receives - $195,000 Kitchen Equipment seven (7) year purchase agreement has been fulfilled. Formalized Utility Billing - City has established a formula for exact billing. Staff recommends a six (6) year renewal of the lease be awarded to All My Restaurants, Inc. dba RiverRock Grill and Alehouse. Lease to commence October 1, 2003 after approval by Council. The City has the option at the end of the agreement to renew for three (3) years. Thank you for your consideration of this recommendation. cc: Dennis Culp, Community Services Administrator I/kbeymer/concess/parkboard letter MAPLEWOOD GOLF COURSE CLUBHOUSE LEASE AND CONCESSION AGREEMENT THIS CONCESSION AGREEMENT is made between the City of Renton, hereinafter referred to as "The City," and All My Restaurants, Inc., hereinafter referred to as "The Concessionaire." A. LEASE PREMISES AND GRANT OF CONCESSION: For and upon the conditions and provisions herein, the City hereby leases to the Concessionaire the restaurant, lounge, kitchen, kitchen storage, office, a tent pad, and related areas, banquet rooms, an office and patios adjoining the restaurant and banquet facilities within the Maplewood Golf Course Clubhouse located on the north side of Maple Valley Highway (SR 169) at approximately 130a' Avenue S.E., a portion of on the City's municipal golf course which is legally described in Exhibit A attached hereto, which rooms are also described as rooms 111, 111A, 112, 114, 114A, 114B, 115, 115A, 119, 120, 121, 122A through 1221), 123, 124, and 131 on the floor plan prepared by Calvin Jordan and Associates for the Maplewood Golf Course Clubhouse, which floor plan is incorporated herein by reference as Exhibit B. Said rooms and adjoining patios, excluding fountains, are herein referred to as the Premises. The Concessionaire shall occupy, manage and operate the Premises as a lounge, restaurant and banquet facility and shall also be entitled to access to and use of the hallways and restrooms within the clubhouse for the benefit of its customers and employees. The City further grants the Concessionaire the exclusive right and privilege to sell food and beverage on the golf course and the driving range and shall have the right to access to those facilities to operate vending machines, carts and other means of selling food and beverage, provided that the Concessionaire's operation does not interfere with regular operation of the golf course and driving range. The Concessionaire may use the lobby area to accommodate the Sunday Brunch. Any decorating of the lobby area must have prior approval of the City, along with a plan as to how any items will be attached. Such approval shall not be unreasonably withheld. The Concessionaire shall be responsible for any damage to the lobby caused by the attachment or removal of decorations. B. TERM The term of this Agreement shall be for six (6) years commencing on October 1, 2003. C. CONSIDERATION The Concessionaire shall provide to the City the following consideration: 1- 1. Certain services to the public under terms of this Agreement. 2. Payment to the City of the following percentages of gross receipts: for the restaurant/lounge/tent, seven percent (7%) up to $775,000.00; six percent (6%) above $775,000.00; and for the banquet facilities, nine percent (9%). 1. The term "Gross Receipts" as used herein means all gross revenue received by the Concessionaire for the sale of food, beverage and other products on the Premises and golf. course, and off -site catering to other public facilities such as the Community Center or Senior Activity Center. It includes all monies received by the Concessionaire for food, beverages and other products sold to patrons of the lounge, restaurant and banquet facility. However, the term Gross Receipts shall not include tips or charges for Washington State sales tax or other excise taxes imposed by any government imposed directly on the sale of goods or services to be charged to the consumer, although collected by the Concessionaire. 2. Concessionaire shall record all funds which are received in a system which records and identifies the date and amount of each transaction. Records of daily sales shall be submitted to the Finance Department on a monthly basis along with a written statement detailing gross and net receipts signed by the Concessionaire. 3. Concessionaire shall make payment to the City for each calendar month of operation, said payment being due and payable no later than the tenth of the following month, accompanied by the above -described Statement of Gross Receipts. All payments or reports to the City of Renton shall be paid or delivered to: 1055 South Grady Way, Renton, Washington 98055. 4. If any payment specified herein is not paid to the City within ten (10) days after the date specified, a late charge of ten percent (10%) of the payment due and unpaid shall be added to the payment as a penalty, and the total sum shall become immediately due and payable. Any amount remaining unpaid by the first day of the month following the due date for payment (i.e. approximately 20 days late) shall bear interest at the rate of I % per month. E. CITY OBLIGATIONS The City shall have the following obligations under this Lease: 1. To replace the banquet facility's rectangular, serpentine and round tables, if destroyed or damaged (unless the damage or destruction was the Concessionaire's 2 fault), in a style to be coordinated with the Concessionaire in sufficient quantity to accommodate a dinner buffet for up to 300 people. 2. To replace or repair the kitchen floor. The City will use its best efforts to accomplish this no later than November 26, 2003. 3. To provide office space to Concessionaire for marketing activities. 4. To provide janitorial service for the driving range, clubhouse common areas, including restrooms, pro shop, golf pro office, and golf course manager. 5. Operate the municipal golf course on a continuous basis, subject to the interruption for inclement weather, earthquakes and other events beyond the City's control. 6. Provide heating and cooling to the Premises to maintain temperatures within the Premises within a temperature range customary for the use of the Premises during its normal business hours; provided that when the air conditioning is on, the Concessionaire will use its best efforts to keep the doors closed. It is understood that doors may be opened to permit traffic in and out of the restaurant, including the movement of food and equipment, and that where portions of the kitchens are hot notwithstanding the air conditioning, the kitchen door may be opened to provide ventilation and cooling for such areas. 7. Provide utility services to the Premises (i.e., electricity, water, natural gas, sewer, and trash removal). 8. Maintain the clubhouse building, hallways, restrooms, the parking lot, sidewalks, and the grounds surrounding the clubhouse in good repair and attractive condition. 9. The City shall provide and maintain for the use of the Concessionaire, its patrons and employees, the parking lots on the golf course property, which shall be used in common with patrons of the golf course driving range. To the extent reasonably necessary, the City shall endeavor to remove accumulations of snow and ice from the parking lot and from sidewalks leading to the clubhouse. F. CONCESSIONAIRE'S OBLIGATIONS Concessionaire shall perform the following tasks: 1. To provide janitorial services for the lounge, restaurant, marketing office, kitchen, patio areas, tent, and tent patio, excluding fountain and dumpster area, and banquet facilities according to the standards set forth in Exhibit E attached hereto. 3- 2. To provide all reservation activities associated with the restaurant and banquet facilities, and coordinate with the golf course management so as to not conflict with the golf course activities, particularly parking when there are tournaments or other heavy usage periods. Parking may be a problem if both the golf course and restaurant and banquet facilities have scheduled events. If problems develop, the Concessionaire and the City will discuss methods of resolving the difficulties, including the possibility of using valet parking and sharing the costs thereof. If the Concessionaire and the City cannot come to an agreement, then they will resolve this difficulty through binding arbitration. The parties will attempt to select a single arbitrator to resolve the difficulty, but if they cannot agree on a single arbitrator, then each party will appoint an arbitrator and those two will select a third arbitrator. The decision will be by majority vote. The costs of the arbitration will be equally shared by the City and the Concessionaire. 3. The Concessionaire acknowledges that the range hood, bar and walk-in refrigerator shall remain the property of the City. The Concessionaire will perform normal and periodic maintenance for the range hood, bar and refrigerator, but repair and replacement shall be the responsibility of the City. The City acknowledges that the kitchen equipment listed in Exhibit D has been purchased by the Concessionaire. 4. The restaurant shall open no later than 6:30 a.m., provided that the restaurant may be closed during such times as the golf course is closed or not being used because of snow, inclement weather or any other reason. The Take -Out Window shall be open for coffee and limited food service from 6:00 a.m. until the golf course closes. 5. Provide necessary advertising to publicize the restaurant, lounge and banquet facilities, and to establish an advertising program acceptable to and approved by the Parks and Recreation Department. However, the city shall not unreasonably withhold its approval of an advertising program proposed by the Concessionaire. 6. Concessionaire shall secure all required City permits after setting up the Banquet Tent. The Tent shall be removed at the time of permit expiration. 7. The Beverage Cart shall be operational at least on the following basis: seven (7) days per week during the months of May through Labor Day in September, Friday through Sunday commencing the date after Labor Day through September 30, and Friday through Sunday during the month of April; provided that the Beverage Cart need not be operational during inclement weather. The City shall provide gasoline for the operation of the Beverage Cart, to be paid for by the Concessionaire. 8. If the Concessionaire schedules an event that it anticipates will require overflow parking, it may request that shuttle service be provided for the overflow parking areas, 4 and the City shall provide such service. The labor and fuel costs will be split equally between the two parties, with the City invoicing the Concessionaire for such services. G. CONCESSIONAIRE'S STAFF The Concessionaire shall employ competent, courteous and efficient staff in numbers to adequately serve its patrons. All Concessionaire staff members shall, while on duty, be equipped with any apparatus or clothing that may be required by law, ordinance or regulation. An experienced on -site manager shall be selected and designated as the Concessionaire's authorized representative who shall oversee all concession operations on the Concession Premises and transmit and receive communications to and from the City. H. SIGNAGE All graphics placed upon or affixed to any of the Concession Premises shall be subject to the prior written approval of the City or its representative, which approval shall not be unreasonably withheld. The Concessionaire will follow all City sign codes. In any event, the signage proposed in Exhibit E attached hereto is approved for installation. The Concessionaire shall submit detailed plans and secure any needed- permits/approvals for all exterior and interior signs. In all cases, signage shall be consistent in size, color, lettering and theme to regular park signage and specifications. The Concessionaire must secure prior approval from the City for all exterior decorations. Such approval shall not be unreasonably withheld. I. CAPITAL IMPROVEMENTS/REMODELING After completion of construction of the clubhouse and Premises by the City pursuant to the plans and agreed change orders to the plans, Concessionaire shall, prior to commencing any alterations, improvements, or construction, submit to the City in writing, plans for alterations, improvements, and construction along with a breakdown of costs for such improvements. All plans submitted are subject to the approval of the City or its representative prior to commencement of any alteration, improvements or construction. The City agrees to promptly review said plans, and if the alterations, improvements, and construction are acceptable, to promptly approve the same, and the plans as approved shall be attached to an executed copy of this Agreement and incorporated herein. 5- All work performed shall be done to the satisfaction of the City of its representative and shall be carried out in a manner that minimizes impact upon the use of the park by the public. Concessionaire shall be responsible for obtaining all governmental permits and meeting all code requirements and shall submit copies of the same to the City or its representative prior to commencing any construction on the Concession Premises. The City or its representative may conduct inspection of any capital improvement work at any time to assure itself that such work is in accordance with the plans approved by the City. In the event any such work is not according to plans as then approved by the City, the City or its representative shall send a Notice of Noncompliance to the Concessionaire. In the event the Concessionaire fails to make corrections within twenty (20) days after the Concessionaire's receipt of such Notice of Noncompliance, the Department may make whatever corrections are necessary to bring such work into compliance with the plans as approved, and shall charge the Concessionaire for all costs of such corrective work. Concessionaire shall, prior to commencement of any construction work, provide payment and performance bond(s) in form(s) approved by the City Attorney, payable to the City in the full and just value of such capital improvements, conditioned that all provisions of this Concession Agreement relating to capital improvements shall be faithfully performed by the Concessionaire, or the surety, if required. Concessionaire shall furnish the City with a complete set of reproducible 24" x 36" mylar drawings reflecting the final "as -built" condition of all capital improvements within thirty (30) days after completion of the construction. Concessionaire shall furnish to the City copies of all operating manuals, equipment brochures, paint schedules, and material brochures for such improvements. Concessionaire will use recycled products whenever possible (see attached). All alterations, fixtures and tenant improvements, and construction shall become the property of the City upon termination or expiration of this Agreement and shall be installed solely at the Concessionaire's expense unless the City expressly agrees in writing to contribute toward the costs thereof. The Concessionaire shall not be required to remove or pay the cost of removal of any alterations, fixtures, or tenant improvements at the expiration or earlier termination of the lease. The kitchen equipment which is the personal property of the Concessionaire, including, without limitation, the equipment listed on Exhibit D, shall not be considered "fixtures" for the purpose of this paragraph. The parties acknowledge that the Concessionaire has installed a concrete pad, which it shall have the right to use for the duration of this lease. A J. K. L. UTILITIES Concessionaire shall pay for all utilities associated with the operation of the Concession Premises. The Concessionaire shall install and maintain a private telephone to serve the Concession Premises. The City may decide to install secondary metering for electricity. The Concessionaire shall be billed the prorated share of electrical costs, as follows: Cost sharing formula without the booster pump station in operation: Customer charge Demand charge Kilowatt charge Split 50%/50% Golf course-35%/ concess.-65% Golf course-37%/concess.-63% Cost sharing formula with Booster Pump Station in operation: Customer charge Demand charge Energy charge 25% of total 65% of 170 (kilowatts) 63% of remaining 30% balance The City of Renton and All My Restaurants will split 50/50 year round the water and sewer utility costs for the Maplewood Clubhouse. The City will be responsible for 25% of the natural gas expenses (year round) for the Maplewood Clubhouse. All My Restaurants will be responsible for the remaining 75% (year round) of the natural gas billings for the Clubhouse. If there is a significant variation in costs for utilities, the City and Concessionaire will revisit these percentages and costs. If any payment due under this clause is not paid to the City within ten (10) days after the date specified, a late charge of ten percent (10%) of the payment due and unpaid shall be added to the payment as a penalty, and the total sum shall become immediately due and payable. Any amount remaining unpaid by the first day of the month following the due date for the payment (i.e. approximately 20 days late) shall bear interest at the rate of one percent (I%) per month from the due date. TAXES/FEES The Concessionaire shall pay, before delinquency, all fees, charges, and costs arising out of the Concessionaire's use and occupancy of the Concession Premises including, but not limited to, charges imposed for governmental inspections or examinations, license and excise fees, taxes on personal property of the Concessionaire and on the leasehold interest created by this Agreement. EQUALITY OF TREATMENT 7- Concessionaire shall conduct its business in a manner which assures fair, equal and nondiscriminatory treatment at all times in all respects to all persons without regard to race, color, religion, sex, age, or national origin. No person shall be refused service, be given discriminatory treatment or be denied any privilege, use of facilities, or participation in activities on the Concession Premises on account of race, color, religion, sex, age, or national origin. Failure to comply with any of the terms of this provision shall be a material breach of this Agreement. M. NONDISCRIMINATION Concessionaire shall comply with all applicable Federal, State, County, and City laws, ordinances, rules and regulations regarding nondiscrimination in employment, the provision of services to the public in a nondiscriminatory manner, including, but not limited to, the provisions of the City of Renton Fair Practices Policy as attached hereto and incorporated herein by this reference. The City shall be responsible for initially constructing the clubhouse and Premises in compliance with the Americans with Disabilities Act (ADA) and shall be responsible for making any structural changes to the building and Premises required by the ADA. The Concessionaire shall be responsible for complying with the ADA with respect to any subsequent improvements installed by the Concessionaire, the placement of furniture and furnishings, and the Concessionaire's operations. N. ALL RISK INSURANCE During the term of this Agreement and any extension thereof, the City shall maintain an insurance policy on the clubhouse building in the amount of the replacement cost of the clubhouse building, including the Premises, restrooms and hallways, for damage from fire, earthquake and other perils. Said insurance policy shall also insure the replacement value of the kitchen equipment and banquet tables and chairs provided by the City pursuant to paragraph E.I above. The Concessionaire shall reimburse the City annually 50% of the premium charged to the City for such fire and hazard insurance policy. The proceeds on a claim against said insurance policy for damage to the clubhouse building, Premises or personal property provided by the City shall be used to repair damage to the clubhouse building and the Premises and to repair or replace any damaged personal property provided by the City. The Concessionaire shall be responsible for maintaining its own fire and hazard insurance on personal property and leasehold improvements placed within the Premises by the Concessionaire. O. ALL-RISK LIABILITY INSURANCE 8 The Concessionaire shall secure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Concessionaire's operation and use of the leased premises. Minimum Scope of Insurance Concessionaire shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises, products/completed operations, broad form property damage, independent contractors, personal injury/advertising liability, and contractual liability. The City shall be named as an additional insured on Concessionaire's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11, or a substitute endorsement providing equivalent coverage. 2. Property insurance shall be written on all risk basis. 3. Automobile Liability insurance covering all owned, nonowned, hired and leased vehicles. Coverage shall be written on insurance services office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. Minimum Amounts of Insurance Concessionaire shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate. 2. Property insurance shall be written covering the full value of Concessionaire's property and improvements with no coinsurance provisions. 3. Automobile Liability insurance shall be written with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: a 1. The Concessionaire's insurance coverage shall be primary insurance as respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Concessionaire's insurance and shall not contribute to it. 2. The Concessionaire's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL Verification of Coverage Concessionaire shall furnish the City with original certificates and a copy of the amendatory endorsement, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Concessionaire. Waiver of Subrogation Concessionaire and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises of said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. City's Property Insurance City shall purchase and maintain during the term of the lease all-risk property insurance covering the building for their full replacement value without any coinsurance provisions. P. INDEMNITY Concessionaire will indemnify, defend, and hold harmless the City and its respective officials, officers, employees, agents, attorneys, and assigns from and against all actions, causes of action, liabilities, claims, suit, penalties, fines, judgments, liens, awards, and damages of any kind whatsoever (hereinafter "Claims"), for injury to or death of any person (including without limitation claims brought be employees or invitees of Concessionaire or employees, or invitees of any Contractor of Concessionaire or damage to or loss of any property or clean up of any discharge or release by Concessionaire or any Contractor of Concessionaire, and expenses, costs of 10 litigation, and reasonable attorneys' fees related thereto, or incident to establishing the right to indemnification, to the extent such Claims arise out of or are in any way related to this agreement or the presence on the Property of Concessionaire, any Contractor of Concessionaire or their respective employees or invitees. Concessionaire expressly waives any immunity under industrial insurance whether arising from Title 51 of the Revised Code of Washington or any other statute or source, to the extent of the indemnity set forth in this paragraph. In the event that Concessionaire is successful in proving that the foregoing indemnity is limited by RCW 4.24.115, Concessionaire shall defend, indemnify and hold harmless the indemnities to the full extent allowed by RCW 4.24.115. In no event shall Concessionaire's obligations hereunder be limited to the extent of any insurance available to it. The City will indemnify, defend, and hold harmless the Concessionaire and its respective officers, employees, agents, attorneys, and assigns from and against all actions, causes of action, liabilities, claims, suit, penalties, fines, judgments, liens, awards, and damages of any kind whatsoever (hereinafter "Claims"), for injury to or death of any person (including without limitation claims brought be employees or invitees of City or employees, or invitees of any Contractor of City or damage to or loss of any property or clean up of any discharge or release by City or any Contractor of City, and expenses, costs of litigation, and reasonable attorneys' fees related thereto, or incident to establishing the right to indemnification, to the extent such Claims arise out of or are in any way related to this agreement or to any acts or omissions of the City, any Contractor of the City or their respective employees or invitees. The City expressly waives any immunity under industrial insurance whether arising from Title 51 of the Revised Code of Washington or any other statute or source, to the extent of the indemnity set forth in this paragraph. In the event that the City is successful in proving that the foregoing indemnity is limited by RCW 4.24.115, the City shall defend, indemnify and hold harmless the indemnities to the full extent allowed by RCW 4.24.115. In no event shall City's obligations hereunder be limited to the extent of any insurance available to it. Neither indemnity obligation shall apply in cases of the sole negligence or other wrongful misconduct of the indemnitee. Q. MUTUAL RELEASE AND WAIVER The Concessionaire and City shall not assign to any insurance company any right or cause of action for damages which the parties now have or may subsequently acquire against the other party during the term of this Agreement, and shall waive all rights or subrogation for such damage. 11- R. STANDARDS Concessionaire recognizes that although it is operating its facilities as an independent operator for profit, the City is organized and exists for the purpose of maintaining park and recreation facilities for the use and enjoyment of the general public. The Concessionaire, its agents and employees, will devote their efforts toward rendering courteous service to the public as though they were employees of the City, with a view of adding to the enjoyment of the patrons of this recreational facility. Concessionaire shall operate and conduct the facilities in the Concession Premises in a businesslike manner, and will not permit any illegal acts or conduct on the part of the Concessionaire's employees which would be detrimental to the City's operation of the Maplewood Golf Course. Concessionaire will not conduct, or allow to be conducted, activities that generate excessive noise or light or otherwise create a nuisance to the surrounding neighborhoods. Once informed by the City that it believes such activity is occurring, or that it has been receiving reasonable complaints from the neighborhood, the City and Concessionaire will meet to try and arrive at a method of operation by Concessionaire that will eliminate, or sufficiently ameliorate the problems. The City retains the right under its police power, or under its ownership interest of the property, to direct Concessionaire to make changes in its methods of operation that will eliminate conduct or activities that the City reasonably believes creates a nuisance. S. CONTINUOUS OPERATION Concessionaire shall keep the Concession Premises open and use them to transact business with the public on a continuous basis during hours listed in Section f7 hereof. Subject to the prior written approval of the City, the Concessionaire may close the Concession Premises or any portion thereof for a reasonable period for repairs or remodeling, for taking inventory, or to accommodate the construction by the City of public improvements, provided that a written notice of such impending closure is posted in a conspicuous place on the Concession Premises or any portion thereof in an emergency without the approval of the City. In the case of an emergency, the City reserves and retains the right to close the Concessionaire's operation or any portion thereof if necessary to prevent harm caused by the emergency. This closure shall not continue longer than the least amount necessary to prevent such harm T. COMPLIANCE WITH LAWS 12 Concessionaire shall comply with all applicable Federal or State laws and City ordinances, and with applicable Federal, State, City and local directions, rules and regulations. U. UNUSABILITY In the event the Premises or the clubhouse building is damages by fire, flood, earthquake, act of war or other casualty, the City shall promptly repair the same, provided that if the peril causing the damage is not covered by insurance on the building and Premises required to be maintained by the City pursuant to paragraph N above, then the City may terminate this Agreement by giving written notice to the Concessionaire within thirty (30) days of the date of the damage. If the damages interfere with the operation of the restaurant lounge or banquet facility operations, the Concessionaire's obligation to make payments to the City shall abate until the repairs are completed and the term of this Agreement shall be extended by the number of days equal to the duration of time from the date of the damage to the date of completion of the repairs. V. SURRENDER OF PREMISES AND REMOVAL OF CONCESSIONAIRE'S PROPERTY 1. Upon termination or expiration of this Agreement, the Concessionaire shall surrender the Concession Premises to the City and promptly surrender and deliver to the City all keys that it may have to any and all parts of the Concession Premises. 2. The Concession Premises shall be surrendered to the City in as good a condition as at the date of execution of this Agreement, except for the effects of reasonable wear and tear, alterations, and repairs made with concurrence of the City, and property damage by fire and other perils insured in contracts or policies of all risk insurance. 3. Within 30 days after the termination of this Agreement or the expiration of its term, Concessionaire shall remove from the Concession Premises, at its sole expense, all equipment, furnishings, and other personal property owned and placed in or on the Concession Premises by the Concessionaire, but not including the range hood, freezer, walk-in cooler, and bar. 4. In the event that after termination or expiration of this Agreement, the Concessionaire has not removed its equipment, furnishings, and other personal property within the time allowed, the City may, but need not, remove said personal property and hold it for the owners thereof, or place the same in storage, all at the expense and risk of the owners thereof, and the Concessionaire shall reimburse the City for any expenses incurred by the City in connection with such removal and storage. The City shall have the right to sell such stored property, without notice to 13- Concessionaire, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first to the cost of sale, second to payment of any charges for storage, and third to the payment of any other amounts which may then be due from Concessionaire to the City, and the balance, if any, shall be paid to the Concessionaire. W. LIENS AND ENCUMBRANCES Concessionaire shall keep the Concession Premises free and clear of any liens and encumbrances arising or growing out of its use and occupancy of the Concession Premises. At the City's request, Concessionaire shall furnish the City written proof of payment of any item which would or might constitute the basis for such a lien on the Concession Premises if not paid. X. ENTRY The City's representative may enter the Concession Premises during normal operating hours for the purpose of inspecting or repairing the same except in the case of emergency, but this right shall impose no obligation upon the City to make inspections to ascertain the condition of the Concession Premises in addition to the City's responsibility to conduct annual inspections. Y. ACCESS TO BOOKS AND RECORDS; CASH RECEIPTS The Concessionaire shall provide quarterly reports to the City and the City retains the right, at any reasonable time, upon reasonable notice, to have an audit of the Concessionaire's books and records. Concessionaire shall provide an annual report or balance sheet to demonstrate solvency of the business. The report shall include: detail sales, costs of sales, wages/benefits, operating expenses, administrative expenses, internal corporate payment, and depreciation/amortization. The City, through its representative, shall have the right at reasonable times to examine and inspect books and records of the Concessionaire bearing upon or connected with the business conducted upon the Concession Premises to determine compliance with the provisions of this Agreement. Concessionaire shall record all sales in a system that records and identifies the date, type of sale, and the amount of each transaction. Z. APPROVAL OF MENUS AND PRICING. Final menus and pricing at current market prices will be established with the Board's approval after this concession has been awarded and prior to opening the facilities. Once established, the Concessionaire may not change the items on the menu more than 14 twenty-five (25%) or the prices more than an average of ten percent (10%) without the written approval of the Board. AA. INCORPORATION BY REFERENCE The request for proposal and response thereto are incorporated herein as if fully set forth. To the extent the text of this Agreement modifies the request for proposal or response thereto, in any fashion, the language of the test of this agreement shall control. BB. DELIVERIES All deliveries are to be made prior to 11:00 AM. Deliveries made after 11:00 AM are restricted to the southeast portion of the building in order to minimize the impact to the golfers. Any damage done to the turf by delivery drivers must be repaired at Concessionaire's expense. CC. DEFAULT OR FAILURE OF CONSIDERATION The City may terminate this Agreement and take immediate possession of the Concession Premises in the event that the Concessionaire shall have failed to perform any of the covenants or conditions of this Agreement, and such default or deficiency in performance was not remedied by the Concessionaire within thirty (30) days after receiving notice in writing stating the nature of the default or deficiency and the City's intention to terminate if not corrected. 15- DD. ASSIGNMENT OF AGREEMENT Concessionaire shall not assign or transfer this Concession Agreement nor otherwise convey any right or privilege granted hereunder or any part of the Concession Premises unless the written consent of the City be first obtained, which consent shall not be unreasonably withheld. Neither this Agreement nor any right, privilege or interest therein or thereunder shall be transferable by operation of law or by any process or proceeding of any court EE. MODIFICATION The parties hereto reserve the right to amend this Agreement from time to time as may be mutually agreed. No amendment hereto shall be effective unless written and signed by authorized representatives of the parties hereto. FF. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties. IN WITNESS WHEREOF, the City has caused this Concession Agreement to be executed by its proper officers duly authorized this day of , 2003, and the Concessionaire has hereunto set its hand. CONCESSIONAIRE THE CITY OF RENTON All My Restaurants, Inc. IN 16 ATTEST BY: City Clerk BOARD OF PARK COMMISSIONERS LIM 17- Chairman EXHIBIT A: LEGAL DESCRIPTION OF THE MAPLEWOOD GOLF AND COUNTRY CLUB, as described in the attached Statutory Warranty Deed. See Exhibit A, pages 1, 2, 3, and 4. EXHIBIT B: FLOOR PLAN FOR THE PREMISES. EXHIBIT C: AUDIO VISUAL EQUIPMENT (intentionally left blank) EXHIBIT D: KITCHEN EQUIPMENT (Fully executed 9/02) EXHIBIT E: JANITORIAL STANDARDS (Revised for current contract) EXHIBIT F: CHANGE ORDERS (No longer included, from original construction) EXHIBIT G: SIGNAGE Pkbeymer\concess\2003 exhibits title page Exhibit A, page 1 of 4 Warren & Kellogg, P.S. Attorneys at Law P.O. Box 626 Renton, WA 98057 KING MU NTY NO EXCISE TAX FEB 1 1%5 Il 31 8 ,Y,s40N OF 1,t1:: r nn REGr' r _ MAPLEWOOD GOLF AND COUNTRY CLUB, a Washington corporation, for and in consideration of Ten Dollars ($10.00) and other Qood and valuable consideration in hand paid, conveys) an�warrant(s) to THE CITY OF RENTON, a Washington municipal corporation, the following described real estate, situated in King County, State of Washington: STATUTORY WARRANTY DEED PARCEL A: The southwest quarter of the southwest quarter of the southwest quarter of Section 15, Township 23 North, Range 5 east, W.M., in King County, Washington. Except that portion lying within the follow_nE escribed L. rac :, . Commencing at the northwest corner of Section. 22, Township 23 North, Range 5 east, W.M., in King County, Washington; thence south 87059120" east 147 feet to the point of beginning; thence north 27037'50" east 72.02 feet; thence south 57047'10" east 129.38 feet; thence south 27037'50" west 136.17 feet; thence north 57047110" west 118 feet, more or less, to the centerline of existing creek; thence northerly along the centerline of said creek 85 feet, more or less, to a point which bears north 57047'10" west from the point of beginning; thence south 57147110" east 23 feet, more or less, to the point of beginning. -PARCEL B That portion of Government Lot 6, Section 16, Township 23 north, range 5 east, W.M., in King County, Washington, lying northeasterly of the northeasterly line of the plat of Maplewood Division No. 2, according to the plat recorded in Volume 39 of Plats, Page 39, in King County, Washington, as extended northwesterly across the right-of-way of the Defense Plant Corporation as indicated by dotted lines on the plat of Maplewood Div. No. 2, and southeasterly of the northwesterly line of Defense Plant Corporation right-of-way; ALSO The southeast quarter of the southeast quarter of Section 16, Township 23 north, range 5 east, W.M., in King County, Washington; STATUTORY WARRANTY DEED PAGE 1 Exhibit A, page 2 of 4 -Except that portion platted according to the plat recorded 39, in King County, Washington. PARCEL C: as M-3 P—I ewood Div. No. 2 in Volume 39 of Plats, Page That portion of Government Lou 1, Section 21, Township 23 north, range 5 east, W.M., in King County,. Washington, lying northerly of State Highway No. 5; Except that portion platted as Maplewood Div. N-o. 2, according to the plat recorded in Volume 39 of Plats, Page 39, in King County, Washington. PARCEL D: 4: That portion of the northwest quarter of the northwest cuarter and of Government Lot 10 in Section 22, Township � 23 north range C ge 5 east, W.M., in King County, Washington, 1 lying northerly of State Highway No. 5 and lying northerly f of the Pacific Coast Coal Railroad right-of-way; Together with that portion of County Road No. 1140, vacated by order entered October 16, 1939 in Volume 38 of Commissioner's Records, page 7; Except that portion thereof described as follows: Commencing.at the northwest corner of Section 22, Township 23 north, range 5 east, W.M., in King County, Washington; thence south 87059/2011 east 147 feet to the point of beginning; thence north 27°37'5011 east 72.02 feet; thence south 5704711011 east 129.38 feet; thence south 27037150t1 west 136.17 feet; thence north 570471101, west 118 feet, more or less, to the centerline of existing creek; thence northerly along the centerline of said creek 85 feet, more or less, to a point which bears north 57047'10" west from the point of beginning; thence south 5704711011 east 23 feet; more or less, to the point of beginning. PARCEL E: Government Lot 6 of Section 22, Township 23 north, range 5 east, W.M., in King County, Washington; Except that portion thereof described as follows: Beginning at the north quarter corner of said section; thence south 10081211/ west along the north and south centerline of said Section 30.00 feet; thence north 87*59120T1 west 150.51 feet ,to the beginning of a curve to the right with a radius of 330.00 feet; thence westerly along said curve through a central angle of 24°37'12" an arc distance of 141.80 feet to intersect. the north line of STATUTORY WARRANTY DEED PAGE 2 Exhibit A, page 4 of 4 STATE OF WASHINGTOI� � ss COUNTY OF KING ) On�this day personally appeared before me �tGCriS pc�'--e/ , " and Jo`1» (/U to me known to be the President and Secretary, respectively, of MAPLEWOOD GOLF AND COUNTRY CLUB, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the instrument. DATED: January 3/ , 1985. Notary Public in and for the State of Washington, residing at Renton. STATUTORY WARRANTY DEED PAGE 4 .l•euM+ NAL .ro-•/. °�/•. as ..,.�� G , GN3J3-1 3Iv3S + tl",o 3""-LA�. _ N t1 � d 800 � 0 0 -o.•a<c.----- }•. r'.iP.. B90NIVW �Ill'I o. I h. •� f. 1 r, I•� � (l �II t..7 T.w.i..ri•..••r�:[ ^'1 ��v�Mryfy[T. .0 _.� -___ __..—.--. •/'tQIYl1 `� veau[te[1p1fMINiI'.G m�xo/IO.I[.mAoat II 'NTL 100YID •/Al ftlom�oalumlo.sf[.00 + /A IL.01ff'1M � M'N iOOI[ laYl MLT•L N RIUfrIDIq 'f fTT'A\ (.lull fO1 N?'10N1 u ulmwmfxu bnl[rrob .L. fo a uA[t[nAnu 'n 'LOlv.lrilvLmnmll NOLLv11W m(11.3 f1V LLVJ01 't 'alvrot.tw•rvw •. 'O rm. 'ltollrnew lF\LAVNTivlrt v�LrwrLLwnL[sttmuly 't ft&MMYORMILYM&AHINILWMWnlltdl�<R VIAm 't ty y LwlewtaaLvw Ntxvnm LN NaL.nva ur+N•>t Nlu mlrnawol l[rnr. IEaQil. RIIwlNltfv:ty �'.DU reo[ntmAl l/ItLLIMim 'f �_ \CAI ��t•7 ►'_C EMSt3lNUT.a¢► _ :kl: itrir m 'i1'e1e M ©� a WRO e tiD � e t Ge f 3a3H_ 3iage 331336"Z®a no EXHIBIT C AUDIO VISUAL EQUIPMENT INTENTIONALLY LEFT BLANK ORIGINAL ITEMS NO LONGER IN INVENTORY CONCESSIONAIRE HAS REPLACED AS TECHNOLOGY CHANGED MAPLEWOOD GOLF COURSE CLUBHOUSE LEASE AND CONCESSION AGREEMENT KITCHEN EQUIPMENT EXHIBIT D Lot Clean Dishtable lA 1 1211 x 8411 Shelf L-Shaped Soiled Dishtable - included in Item lA 1B 1 Disposer 2 1 Hose Reel Complete 3 Lot Wall Shelf 5 1 Pot Sink 6 2 Faucets 6A Lot Wall Shelf 7 1 3 - Tier Boxed Syrup Rack 8 1 Ice Maker & Bin 9 Lot Walk -In Shelving 13 1 Keg Rack 14 Lot Freezer Shelving 15 1 Table 16 1 Single Tiered Table Mounted Shelf 17 1 Prep Sink 18 2 Faucet 18A 1 Single Tiered Table Mounted Shelf 19 2 Hand Sink 20 1. 30 Quart Mixer 21 1 Worktable 22 A Faucet 22A 1 Wall Shelf 23 1 Worktable 24 1 Slicer 25 Lot Range Bank 28 1 Pizza Oven 28A 1 Remote Refrigerated Equipment Stand 29 Lot Fryer Battery 30 1 Chefs Table 31-37 1 Toaster 35A 1 Drop -in Sink 10" 40 1 Undercounter Refrigerator 41 Page 1 of 2 MAPLEWOOD GOLF COURSE CLUBHOUSE LEASE AND CONCESSION AGREEMENT KITCHEN EQUIPMENT EXHIBIT D QUITIT�i FQUIPNiENT DESCRIPTION 2 Soup Warmer Cook & Hold 42 1 Microwave Oven 43 1 Fill Faucet 48 1 Recessed Drain 48A 1 Drop -in Ice Cream Cabinet 50 1 Hot Dog Machine 51 1 Undercounter Refrigerator 52 1 Beer Dispenser 53 Lot 5 - Tier Shelving 57 1 Convection Steamer 58 1 Drop -in Sink 62 1 Drop -in Ice Bin 63 Lot Bar Die Complete 66-72 Lot 4 - Tier Liquor Shelving 76 1 Wall Mount Hand Sink 78 1 Worktable 79 1 12" Swing Faucet 79A 1 Wall Shelf 80 1 Drop -in Sink 83 1 Microwave Oven 85 Lot (2) Mobile Worktable 86 Lot 4 - Tier Banquet Storage Shelving 87 1 Ice Machine 88 -1 Undercounter Dishmachine 89 1 Sink 90 1 Faucet with Aerators 90A 1 Mobile Food Warmer 91 1 2 - Section Roll -in Refrigerator 92 2 Roll -in Racks 92A 2 Heated Plate Carts 93 1 Counter Broiler 94 1 Add -A -Broiler Top 95 1 Tilting Skillet & Stand 96 1 Romanco P.O.S. System 97 City14:11f--d Page 2 of 2 Exhibit E MAPLEWOOD GOLF COURSE CLUBHOUSE LEASE AND CONCESSION AGREEMENT Janitorial Standards for Concessionaire Concessionaire shall at all times and at no expense to the Board, keep the Concession Premises in a neat, clean, safe and sanitary condition. The concessionaire shall at all times keep the glass of all windows and doors clean and presentable (both interior and exterior); furnish all cleaning supplies, materials and equipment needed to operate the Concession Premises in the manner prescribed in this Agreement; and provide all necessary janitorial service to adequately maintain the Concession Premises on the frequency schedule made part of this Exhibit, which by this reference is incorporated herein. The Board through its representative shall conduct periodic inspections of the Premises and shall notify the Concessionaire in writing to make changes in maintenance methods and/or to make immediate repairs to area affected by unacceptable maintenance methods. The Concessionaire shall make changes and/or repairs within the time, or times, indicated by the Board. The Concessionaire shall contract with a qualified pest control company to control the rodent population around the Premises. Concessionaire may provide for janitorial services by contract with a third party, which shall be subject to this Agreement and the prior written approval of the Board. Concessionaire shall provide a list of emergency phone numbers including those of any firms performing contract maintenance to contact in case of emergency, (e.g. fire extinguishing system maintenance or alarm company). Concessionaire shall provide fire extinguishers and other items required by Fire Department. All kitchen equipment must be approved for use by building/fire departments. Page 1 of 4 I:\Concess\ConcessionaireExhibit E.doc Exhibit E MAPLEWOOD GOLF COURSE CLUBHOUSE LEASE AND CONCESSION AGREEMENT Janitorial Standards for Concessionaire FREQUENCYSCHEDULE Including, but not limited to the following: DAILY 1. Empty all trash including patio receptacles and place in dumpster. Brush and/or wipe wastebaskets. Wash wastebaskets as needed. 2. Dust all desks, tables, counters, files, telephones and other furniture within reach. Remove spillage as needed. 3. Wash table tops, counters and all surfaces. 4. Sweep/damp mop all epoxy floors. Remove spillage on all floors each night. 5. Replace burned out light bulbs except in the banquet facility where the Concessionaire will supply the bulbs to the City for the City to replace. 6. Pick up trash, dump trash container to primary dumpster location in the east parking lot. Keep surrounding area of the dumpster free of debris. 7. Spot clean marks and smudges from walls, especially doors, around push plates, and light fixtures. 8. Keep janitor storage areas neat and clean. 9. Vacuum carpeted areas and all entry mats. Spot clean as required. 10. Empty and wash all ashtrays. 11. Dust mop hardwood floors followed by wet mopping with a pH neutral cleaner. 12. Sweep/clean patio areas. 13. Clean door glass. Page 2 of 4 I:\Concess\ConcessionaireExhibit E.doc Exhibit E MAPLEWOOD GOLF COURSE CLUBHOUSE LEASE AND CONCESSION AGREEMENT Janitorial Standards for Concessionaire 14. Provide litter control for any litter generated through use of restaurant lounge and banquet facilities out to service road. Weekly 1. Perform high dusting such as upper walls, ventilator grills, except in banquet facility where the City shall perform high dusting of ventilation grill and upper walls. Perform high dusting of piping, floor and window casings, and other surfaces not done on a more frequent basis. 2. Use a damp cloth or dust rag and clean the interior and outer surface of all lights. 3. Dust/clean all papered walls. 4. Clean grease trap and drain. 5. Maintain area around compactor/dumpster off kitchen area. If utilized, maintain the compactor/dumpster and area within the fenced enclosure in the parking lot. 6. Remove scuff marks on hardwood floors with a high-speed burnisher. 7. Hose down patio areas. 8. Hose down dumpster area off kitchen (daily if needed). Monthly Clean interior and exterior window and door glass. Quarterly to Semi -Annually Clean carpet. Page 3 of 4 1:\Concess\ConcessionaireExhibit E.doc Exhibit E MAPLEWOOD GOLF COURSE CLUBHOUSE LEASE AND CONCESSION AGREEMENT Janitorial Standards for Concessionaire Semi -Annually to Annually 1. The City will recoat hardwood floors with "Envirocare Tech 4" in accordance with manufacturer's specifications. The City will invoice the Concessionaire for 100% of the labor and material costs. 2. Pressure wash patio and tent slab prior to season use. 3. Grease holding tank pumped annually. Periodic Range hood, bar, and refrigerator to receive normal periodic maintenance and on as - needed basis as per manufacturer's specifications. Page 4 of 4 I:\Concess\ConcessionaireExhibit E.doc r� H. UI N- rt G7 Messenger Sign Company RIVEROCK RESTAURANT Salesman: GM Pogue 1167 _piercer Street Jack Pederson Design: Ken IM Barnes Seattle, Wa. 98109 Tel. 2 0 6- 6 2 3- 4 5 2 5 Exterior ID Signage Scale: 318" = 1 foot Fax 206-622-2894 Date: 10/9/95 All proposed arheork is the property of Messenger Sign Companv and may not be used without prior consent or implied compensation of 5500. per page per unit. BALLROOM Tz y .....�( �F 4: 2b:- i\:E-7 v . ,LD ER RO0 I ��-A.P L E . R MAGNOLIA ROOM BA, NQLTET..,:R,,OO,i-AS �r >.�:=: = ;-..•:x�"�=,��'� �--`-sue �- Mom. . . .... . . . . . . Messenger Sign Company RiverRock Salesman: G.W Pogue 116 7 Mercer Street Restaurant Complex Design: Ken VV. Barnes Seattle, Wa. 98109 Tel. 2 0 6- 6 2 3- 4 5 2 5 Banquet Scale: 1 1l2" = 1 foot F a a 2 0 6- 6 2 2- 2 8 9 4 Exterior Signage Date: 10/10/95 All proposed artwork is the property of Messenger Sign Company and may not be used without prior consent or implied compensation of S500. per page per unit. BAN ET ROWS L ER ROOM CE R ROOM INIAPLEE ROOD TVIAG OLLk ROOM i- Messenger Sign Company RiverRock Salesman: G.W. Pogue 116 7 .Mercer Street Restaurant Complex Design: Ken W. Barnes Seattle, Wa. 98109 Tel, 2 0 6- 6 2 3- 4 5 2 5 Multiple/ Banquet Scale: 2" = 1 foot Fax 2 0 6- 6 2 2- 2 8 9.4 Directional Signage Date: 10/10/95 AIl proposed artwork is the property of Messenger Sign Company and may not be used without prior consent or implied compensation of 5500. per page per unit. CITY OF RENTON COUNCIL AGENDA BILL Al #: 1 01 ' Submitting Data: Community Services For Agenda of: Dept/Div/Board.. Parks September 8, 2003 Staff Contact...... Leslie Betlach, Parks Director Agenda Status Consent .............. X Subject: Public Hearing.. Agreement Regarding Development and Operation of a Correspondence.. Grandview Park Off -Leash Do Area Ordinance ............. g Resolution............ Old Business........ Exhibits: New Business....... 1. Issue Paper Study Sessions...... 2. Resolution Information......... 3. Agreement Recommended Action: Approvals: Council Concur. Legal Dept ......... X Finance Dept...... Other ............... Fiscal Impact: None Expenditure Required... $2,503.00 Transfer/Amendment....... N/A Amount Budgeted.......... $2,503.00 Revenue Generated......... N/A 101.000000.020.5760.0010.48.000000 Total Project Budget $2,503.00 City Share Total Project.. $2,503.00 SUMMARY OF ACTION: The Agreement Regarding Development and Operation of a Grandview Park Off -Leash Dog Area provides joint funding for the construction of a regional dog park. The program includes King County and the cities of Auburn, Burien, Des Moines, Federal Way, Kent, Renton, SeaTac and Tukwila. The required expenditure of $2,503.00 will be used to purchase materials to construct the dog park and make it safe for the public. In the agreement, each agency is expected to contribute up to 16 hours of labor to prepare the dog park before it opens on October 4, 2003. Additionally, each community will mow the park periodically, in a rotation, as the need for mowing occurs. Labor may consist of staff or volunteers, but the total effort will not exceed 16 hour per year. All other aspects of maintenance and operation of the park will be the responsibility of the not -for -profit group Serve Our Dog Areas or SODA. Once opened, the park will be accessible to the general public free of charge. STAFF RECOMMENDATION: Staff recommends the acceptance of the Agreement Regarding Development and Operation of a Grandview Park Off -Leash Dog Area and the one-time contribution of $2,503.00. Staff recommends that Council adopt the resolution authorizing the Mayor and City Clerk to enter into an Agreement Regarding Development and Operation of a Grandview Park Off -Leash Dog Area. C:\Documents and Settings\tflatley\Desktop\ParksDivision\TaskForce\DogPark\OLAAgBILL.doc/ CITY OF RENTON Community Services Department 1`tY O G � ��'N'S�� 0 Committed to Enriching Lives 0 MEMORANDUM DATE: August 28, 2003 TO: Kathy Koelker-Wheeler, President City Council Members VIA: )C11 `Mayor Jesse Tanner FROM: �Dennis Cult). Communitv Services Administrator STAFF CONTACT: Leslie Betlach, Parks Director Terrence J. Flatley, Parks Maintenance Manager SUBJECT: Grandview Park Off -Leash Area Development Agreement and Resolution ISSUE: Should the City enter into an Off -Leash Area Development Agreement to support an Off Leash Dog Park? The one-time cost will be $2,503.00 plus periodic maintenance requirements that will not exceed 16 hours per year. RECOMMENDATION: Staff recommends the acceptance of the Grandview Park Off -Leash Area Development Agreement. Staff also recommends that Council adopt the Resolution authorizing the City to enter into the Grandview Park Off -Leash Area Development Agreement (OLA Agreement). BACKGROUND SUMMARY: The OLA Agreement provides joint funding for the construction of the dog park at Grandview Park. The City of Renton's one-time cost is $2,503.00. Construction costs include mowing, weed control, fencing and other maintenance tasks to make the park safe to open to the public. In addition to the monetary contributions by each party for the purchase of materials, each party is contributing sixteen hours of labor on September 18, 2003. A not -for -profit organization, Serve Our Dog Areas (SODA), will operate and maintain the dog park. In subsequent years, each party may be asked to contribute labor for one or two days for the purpose of mowing the park. A Dedication Ceremony has been planned for Saturday, October 4, 2003 at 10:00 a.m. CONCLUSION: The Grandview Park Off -Leash Area Development Agreement will allow the City of Renton to partner with other cities in the area to construct and provide a regional off -leash dog park at Grandview Park. Following the dedication ceremony on October 4, 2003, the facility will be open to the public without charge. CADocuments and Settings\ttlatley\Desktop\ParksDivision\TaskForce\DogPark\OLAAglssue.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT ENTITLED "AGREEMENT REGARDING DEVELOPMENT AND OPERATION OF A GRANDVIEW PARK OFF -LEASH DOG AREA." WHEREAS, King County and a number of cities have participated in the off -leash task force for the purpose of developing and managing a regional dog off -leash area/park; and WHEREAS, the Grandview Park area has been chosen as such an off -leash park; and WHEREAS, it is necessary to establish each city's participation in the financing, ownership, construction, and maintenance of such off -leash dog park; 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 the interlocal agreement entitled "Agreement Regarding Development and Operation of a Grandview Park Off -Leash Dog Area." PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney RES.1005:9/3/03:ma Jesse Tanner, Mayor 2003. 2 AGREEMENT REGARDING DEVELOPMENT AND OPERATION OF A GRANDVIEW PARK OFF -LEASH DOG AREA THIS AGREEMENT is made and entered into, effective as of the date of the last signature affixed to any counter part hereof, by and between the following Washington municipal corporations: City of Auburn ("Auburn"), City of Burien (`Burien"), City of Des Moines ("Des Moines"), City of Federal Way ("Federal Way"), City of Kent ("Kent"), City of Renton ("Renton"), City of Tukwila ("Tukwila"), City of SeaTac ("SeaTac"), collectively referred to herein as the "Cities", and King County (the "County"). The Cities and County may also be referred to herein individually as a "Party" or collectively as the "Parties". 1. PURPOSE. The Parties have participated as members of an Off -Leash Task Force for the purpose of promoting and facilitating the development and operation of a regional off -leash dog area (hereinafter referred to as the "OLA") for public use in South King County at Grandview Park within SeaTac. The purpose of this Agreement is to provide for the said development and operation of the OLA. 2. CONDITION PRECEDENT. The Parties acknowledge that the County holds the deed to Grandview Park, located within the city limits of SeaTac, subject to a right of reversion to the United States if the property ceases to be used as a public park. The County has closed the Park to public use due to financial difficulties. SeaTac has declined to accept ownership of the Park due to similar financial difficulties. The Park is now subject to the said reversion unless it be reopened to public park uses. Accordingly, notwithstanding any contrary provision of this Agreement, the same shall not become effective or enforceable until the County provides a deed placing ownership of the Grandview Park in SeaTac. The funding and other obligations of this Agreement shall be null and void unless Serve Our Dog Areas (S.O.D.A.), a Washington non-profit corporation enters into an agreement with SeaTac for development and operation of the off -leash dog area at Grandview Park, generally in the form of the July 11, 2003 draft prepared by SeaTac. 3. AUTHORITY. This Agreement is entered into by the Cities and the County pursuant to authority of RCW 39.34.080 which provides that public agencies may contract among themselves for performance of any governmental activity which each is authorized by law to perform, such as public parks and park activities. 4. PROPERTY DESCRIPTION. The Grandview Park, which is coterminous with the off -leash dog area, is legally described in Exhibit A, and is depicted on Exhibit B, attached hereto and incorporated herein by this reference. 5. TERM OF AGREEMENT. This Agreement shall be effective as of the effective date of the companion Agreement for Development and Operation of an Off -Leash Dog Area at Grandview Park as described at Section 2, above. This Agreement shall then Page 1 continue for the term of twelve (12) months. The Parties hereto shall have the option to renew this Agreement for a second term of five (5) years, or such other term as may be identical to the extension or term of a new Agreement between SeaTac and S.O.D.A. 6. FUNDING. The Parties hereby promise and agree to provide the cash contributions itemized on Exhibit C hereto, which is incorporated herein by this reference. Such funds shall be paid by the Parties to Kent which shall be the Parties' fiscal agent pursuant to Section 9, below. 7. LIABILITY. The Parties expressly provide that no liability shall attach to any party by reason of entering into this Agreement, except as expressly provided herein, and that the benefits and responsibilities provided by this Agreement shall not establish any special relationship or third -party benefit to any person or entity not a Party to this Agreement. 8. INDEMNIFICATION. Each party agrees to be responsible for any and all claims, damages, or other liabilities including costs of defense and attorneys' fees arising out of the acts or omissions of its officers, employees, volunteers, and/or agents in the performance of the obligations of each party under this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement. 9. FISCAL AGENT. Kent shall be responsible for accepting, retaining, and disbursing all of the Parties' funds contributed pursuant to this Agreement. In disbursing funds to S.O.D.A., or directly to vendors and material suppliers, Kent shall coordinate with SeaTac as to the propriety of such disbursements pursuant to the Agreement between SeaTac and S.O.D.A. and actual improvements contracted or constructed at Grandview Park. 10. SUPERVISION OF OPERATIONS. SeaTac shall enter into an Agreement with S.O.D.A. for development, operation, and maintenance of the off -leash dog area at Grandview Park. SeaTac shall also be responsible for oversight and supervision of all development, operations, and maintenance performed by S.O.D.A. pursuant to the said Agreement and shall, upon request of any Party hereto, provide written information as to any and all such activities. 11. MAINTENANCE OBLIGATION. The Cities hereby agree to each provide a maximum of sixteen (16) hours of personnel time and sixteen (16) hours of equipment and tool use for the purpose of necessary maintenance beyond the capabilities of S.O.D.A., or for mutually agreed capital construction projects and/or special maintenance or restoration projects. Personnel time may include paid staff and/or volunteer time. All City staff and volunteers who operate power equipment pursuant to this Section shall be trained and certified in the safe operation of such equipment. Page 2 12. DESIGNATED REPRSENTATIVES. Each Party shall initially be represented by their respective Directors of Parks and Recreation, or equivalent, for the purpose of mutually discussing and resolving all matters arising pursuant to this Agreement or development, operation, and maintenance of the OLA. Any unresolved disagreements in regard to interpretation or effect of this Agreement or in regard to development, operation, and maintenance of the OLA shall be submitted to the jurisdiction of the King County Superior Court at Kent, Washington. The Parties may, from time to time, appoint or reappoint representatives, by written notice to all other Parties. 13. AUDITS AND INSPECTIONS. Any and all records and documents with respect to matters governed by this Agreement shall be subject, at all times, to inspection, review or audit by any Party to this Agreement. IN WITNESS WHEREOF THE Parties hereto have executed this Agreement on the dates indicated below. CITY OF AUBURN By: Mayor CITY OF KENT By: Mayor Date: Date: Approved as to Form: City Attorney CITY OF BURIEN By: Approved as to Form: City Attorney CITY OF RENTON By: City Manager Mayor Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney Page 3 CITY OF DES MOINES City Manager CITY OF SEATAC LE City Manager Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF FEDERAL WAY KING COUNTY City Manager Date: Approved as to Form: City Attorney CITY OF TUKWILA By: Mayor Date: Approved as to Form: City Attorney By: Title: Date: Approved as to Form: Deputy Prosecuting Attorney Page 4 EXHIBIT A Legal Description: A parcel of land in the NW 1/4 of Section 15, Township 22 North, Range 4 East, Willamette Meridian, King County, Washington, described as follows: Beginning at the northwest corner of the W 1h of the NE 1/4 NW 1/4; thence Easterly in the north line thereof 663.60 feet to the northeast corner of said W 1h; Thence southerly along the east line thereof to the northwest corner of the west 275 feet of the SE 1/4 NE 1/4 NW 1/4 of said Section 15; thence easterly in the north line thereof 275 feet; thence southerly to the southeast corner of said west 275 feet of the SE 1/4 NE 1/4 NW 1/4; thence westerly along the south line thereof to a point which is 879.74 feet east of the southwest corner of the NE 1/4 NW 1/4, thence South 40' 21' W. 203.85 feet; Thence South 00 57' E. 93.0 feet; thence South 750 00' W. 167.4 feet; thence south 20' 00' E. 32.72 feet; thence South 880 28' W. to the west line of the SE 1/4 NW 1/4 of said Section 15; thence southerly along said west line 294 feet; thence westerly 190 feet along the south line of the north 57 feet of the south 758 feet of the SW 1/4 NW 1/4 of said Section 15; thence northerly 57 feet in a line parallel with the east line of said SW 1/4 NW 1/4; thence westerly 20 feet in a line parallel with the north line of said SW 1/4 NW 1/4 ; thence northerly 171 feet in a line parallel with the east line of said SW 1/4 NW 1/4; thence westerly 20 feet in a line parallel with the north line of said SW 1/4 NW 1/4; thence northerly 171 feet in a line parallel with the east line of said SW 1/4 NW 1/4; thence westerly 71 feet in a line parallel with the north line of said SW 1/4 NW 1/4; thence northerly 220 feet to a point in the north line of the SW 1/4 NW 1/4 of said Section 15, 301 feet westerly of the NE corner thereof; thence westerly in said north line 66 feet; thence northwesterly 230 feet, more or less, to the south line of the north 1090 feet of the NW 1/4 NW 1/4 of said Section 15 at a point 373 feet west of the east line of said NW 1/4 NW 1/4; thence westerly in said south line 15.29 feet; thence northerly to a point in the south line of the north 987 feet of said NW 1/4 NW 1/4, 391.00 feet west of the east line thereof; thence westerly in said south line 44 feet; thence northerly 176.56 feet to a point which is 60 feet south and 433.60 feet west of the intersection of the east line of said NW 1/4 NW 1/4 and the south line of the north 751 feet thereof; thence westerly 63.28 feet in a line parallel with the south line of said North 751 feet of said NW 1/4 NW 1/4; thence northerly to a point in the south line of the north 430 feet of said NW 1/4 NW 1/4, which is 505 feet westerly of the east line of the said NW 1/4 NW 1/4; thence easterly in said south line 13.73 feet; thence northerly to a point in the south line of the north 339 feet of said NW 1/4 NW 1/4 which is 493.56 feet westerly of the east line of the said NW % NW 1/4; thence westerly in said south line 185 feet; thence northerly to a point in the south line of the north 240 feet of said NW 1/4 NW 1/4 which is 682 feet westerly of the east line of the said NW 1/4 NW 1/4; thence westerly in said south line to a point in the center line of Old Military Road; thence northerly in said center line to a point in the north line of the south 60 feet of said north 240 feet of NW 1/4 NW 1/4; thence easterly in said north line to a point in the west line of the east 113 feet of said NW 1/4 NW 1/4; thence southerly in said west line to a point in the said south line of the north 240 feet of said NW 1/4 NW 1/4; PP&D Contracts 9 of 12 06/24/03 OLA Joint Agreement thence easterly in said south line 113 feet to the east line of said NW 14/ NW 1/4; thence northerly 240 feet in said east line to the point of beginning. EXCEPT the following described parcels thereof conveyed to Kent School District No. 415 by the United States of America by Quitclaim Deed dated February 1, 1965 described as: The west 120 feet of the north 648.09 feet of the west 1/2 of the NE 1/4 of the NW 1/4 of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington; and The south 60 feet, except the east 113 feet thereof, of that portion of the north 240 feet of the NW 1/4 of the NW 1/4 of Section 15, TSP 22 N. R 4 E, W.M., King County, Washington, lying easterly of the center line of the Old Military Road, less roads; and That portion of the south 99 feet of the north 339 feet of the NW 1/4 of the NW 1/4 of Section 15, TSP 22N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 497.00 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 493.56 feet west of the southeast corner; and That portion of the south 99 feet of the north 438 feet of the NW 1/4 of the NW 1/4 of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 493.56 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 491.27 feet west of the southeast corner; and That portion of the south 1.00 acre of the north 480 feet of the NW 1/4 of the NW 1/4 of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 505.00 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 503.79 feet west of the southeast corner; and That portion of the south 65 feet of the north 545 feet of the NW 1/4 of the NW 1/4 of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 503.79 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 502.12 feet west of the southeast corner; and That portion of the south 103 feet of the north 648 feet of the NW 1/4 of the NW 1/4 of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 502.12 feet west of the PP&D Contracts 10 of 12 06/24/03 OLA Joint Agreement northeast corner and running thence southeasterly to the south line thereof at a point which is 499.50 feet west of the southeast corner; and That portion of the south 99 feet of the north 339 feet of the NW 1/4 of the NW 1/4 of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as the westerly 185.00 feet of the part lying easterly of a line beginning at a point in the north line thereof which is 682.00 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 678.56 feet west of the southeast corner. TOGETHER WITH all right, title and interest the United States of America may have in the banks, beds and waters of any streams or lakes opposite to or bordering upon said lands, and in any alleys, roads, streets, ways, strips, gores, railroad rights of way and irrigation ditch or canal rights of way crossing, abutting or adjoining said lands and in any means of ingress or egress appurtenant to said lands. TOGETHER WITH the right of joint use of existing roads over a parcel of land described in Quitclaim Deed dated February 1, 1965 from United States of America to Kent School District No. 415. TOGETHER WITH Government -owned improvements located thereon. SUBJECT TO: Reservations in the United States Patent and to Existing easements for public streets, alleys, roads and highways, public utilities, railroads and pipelines. Reservations of roadway easement over that portion of parcel adjoining Old Logging Road contained in Deed dated January 23, 1951, executed by the Midway Corporation, a Washington Corporation, to Edgar Allen, a single man recorded January 26, 1951, under Auditor's Field No. 4103463, records of King County, Washington. Easement for electric transmission line granted by instrument dated January 27, 1955, executed by Midway Corporation, a Washington Corporation to Puget Sound Power and Light Company, a Massachusetts Corporation, recorded January 31, 1955 under Auditor's File No. 4534889 records of King County, Washington. Easement No. DA(s) 45-108-eng-771 dated June 4, 1962 from Department of the Army to the State of Washington, State Highway Commission for a buried drainage pipeline across the access road. All easements, liens, reservations, exceptions or interests of record or now existing on the premises above described. PP&D Contracts 11 of 12 06/24/03 OLA Joint Agreement Exhibit B Photographs of Grandview Park Picture 1: Overview of Grandview Park OLA North Picture 2: Service Road and Picnic Shelter Exhibit B: Photographs of Grandview Park (continued) Page 2. Picture 3: Photograph of restroom building and soccer fields (to be removed). EXHIBIT C Off -Leash Area Development Cost Share Agreement Option B: King County portion is 50% $35,697 _ 2 = $17,848 ' ov o in}Cenus PioTfikF ,'C,o0,., Auburn 40,314 $2,016 Burien 31,881 $1,594 Des Moines 29,267 $1,463 Federal Way 83,259 $4,163 Kent 79,524 $3,976 Renton 50,052 $2,503 SeaTac 25,496 $1,275 Tukwila 17,181 $ 859 Cities 356,974 $17,849 King County $ 17,848 TOTAL $35,697 PP&D Contracts 12 of 12 06/24/03 OLA Joint Agreement CITY OF RENTON COUNCIL AGENDA BILL AI Submitting Data: Planning/Building/Public Works For Agenda of: September 8, 2003 Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional public right-of-way to comply Correspondence.. with City of Renton code for new short plats. Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Hearing Examiner's Report Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... Other. .............. Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional public right-of-way is a 42' wide extension of NE 4`' Court. The dedication is a City of Renton code requirement of the Honey Brooke IV Short Plat, LUA02- 110, and Council acceptance of said right-of-way should be completed prior to recording deed with the short plat. STAFF RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to execute the Deed of Dedication. I:\P1anReview\C0LS0N\Shortp1ats 2003\Honey Brooke IV SHPL 04 AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 DEED OF DEDICATION Property Tax Parcel Number: 102305-9041-08 Project File #: LUA-02-110- SHPL Street Intersection: NE 4TH COURT Extension Grantor(s): Grantee(s): 1. C. Thomas Foster 1. City of Renton, a Municipal Corporation 2. Maryl C. Foster 3. Gerald L. Stump 4. Kellie C. McNett LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 3 ) A portion of the east half of the west half of the southwest quarter of the southeast quarter of the southeast quarter of Section 10, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington. The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. This dedication is required as a condition for development of property. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s): Grantee(s): City of Renton _ Mayor City Clerk s 02027 L03 ROW DED.doc Page I INDIVIDUAL FORM OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING I certify that I know or have satisfactory evidence that No ta .�6ealmW. gt be within box p� T I �,'�<,, �C �/ signed this instrument and ,¢ acknowledged it to be his/her/thei free and voluntary act for the uses and purposes L�' • ``� 5+ N F} ' ` i , �; mentioned i instrument. 1 a �pTAf,), • - t/ L,CI..,N"Y Notary Pub id for the Pate of a hingt n �� •4'` 1l ' 'T Notary( t) // �< ,` �;•'` My appointor t exp ` s: / Dated: V 1 INDIVIDUAL FORM OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING ) I certify th I know or have satisfactory evidence that 914 —Ij NotarX�g,�i,pst be within box L '` ; ! ��'•<,<< T 1°� signed this ns I and `4 •�� s r acknowledged it to be his/her/their free and voluntary act for the ses and purposes X I' f �<. mentioned in t ment. ` m G, Notary P lic)in an for the State of Was gton Notary (P L ` r My appointor t ex es: /O Dated: INDIVIDUAL FORM OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING I certify that I know or have satisfactory evidence that / Notary Seal-1hust be within box �� signed this instrument and %.0<; T 1)"/ '�,; acknowledged i o be his/her/their free and voluntary act for the uses and purposes �T,•''t5�cu f'. �f , mentioned in the 5 4 .p u' `' Notary Publi in for the State of Was n Notary (Print My appointore t exp` s: /c� O Dated:(D . Z INDIVIDUAL FORM OF ACKNOWLEDGMENT. STATE OFWASHINGTON ) SS COUNTY OF KING ) r I certify that I kno or have satisfactory evidence that I otStY� 1tv",tbe within box T i <,, <'<<l /� r C (7 signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in a strument. � r v • e> n _ Notary Pit lic and for the tate o s gto , Notary (Print) t r My appointme t exVe. fDated: k //A� 0')m7 T 01 Pr)W nPn A-, Project: LUA-02-] 10- SHPL Exhibit A WO# Legal Description PID GRANTOR: Foster, Foster, Stump McNett Street: N.E. 4TH Court extension That portion of the east half of the west half of the southwest quarter of t quarter of the southeast quarter of Section 10, Township 23 North, Range 5 E the City of Renton, Kin County, he southeast g , Washington, described as follows; g East, W.M., in COMMENCING at the southeast corner of the west 12 feet of said subdivision; N00°13'47"E, along the east line of said west 12 feet, 42.01 feet to the ]orth ri thence margin of N.E. 4`' Street; thence continuing N00°13'47"E 454.83 feet to the P BEGINNING of the herein described tract; thence continuingnorth right-of-way thence S88°52'56"E 153.22 feet to the east line of said west h POINT OF thence S00°14'27"W, along said east line 42 N00°1said s subdivision; feet; the POINT OF BEGINNING. 00 feet; thence N88 52 56' Wba53 22 feet to Contains 6,435± square feet (0.1477± acres). 02027 L03 ROW DED.doc Page 3 UNPLATTED N88'20'53"W 153.27 10 9 W of 153.22 N88'52'56' AREA HEREBY DEEDED TO THE N.E. -jTIj COURT o o N CITY OF RENTON - FOR ROAD PURPOSES N88'52'56 W 153.22 8 7 LaJ M W O� i c0 c0 Q _L 5 l .-- U N \N O Z M N p\ O Z \ 3 0 04. N N Qv�\� W N 4 w � p2 �. � jl ^p ^ N U 1 „=100' W z\ Q��pv 3N 1 J Z \ LJ NL Li N s' N88'21'09"W I— I0 187.17 153.16 - A 991.00 10 11 N88'21'09"W 2642.66 (MEAS.) 2642.56 (KCAS) 15 14 (BASIS OF BEARINGS) N.E. 4TH STREET HONEY BROOKE, DIV. IV SHORT PLAT PAGE RIGHT OF WAY DEDICATION 10F 1 MAP EXHIBIT Ati$ lct ii a A� f,L,• F„ O; Com14711 N.E. 29th Place Suite 101 x: 04 Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 d 30427 9 DESIGNt9TS:tt ' ENGINEERING • PLANNING • SURVEYING OWALLO J O B N O_ 0 2 0 2 7 MES. 10 4 28404 tilt ACID. II M' / .. la •i at ` s• f � I VICINITY MAP January 23, 2003 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPLICANT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: Thomas Foster 6450 Southcenter Blvd. # 106 Seattle, WA 98188 Honeybrooke Phase IV Short Plat File No.: LUA-02-110,SHPL-H,ECF 5318 NE 4'h Street Subdivide an approximately 2.17-acre property into 8 lots intended for the development of detached single-family homes. Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on December 31, 2002. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the January 7, 2003 hearing. The legal record is recorded on tape. The hearing opened on Tuesday, January 7, 2003, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 3: Preliminary Short Plat Plan Exhibit No. 4: Boundary & Topographic Survey Exhibit No. 5: Tree Cutting / Land Clearing Plan Exhibit No. 6: Detailed Grading, Utility and Drainage Plan Exhibit No. 7: Zoning Map Honeybrooke Phase IV Short Plat File No.: LUA-02-110,SHPL-H,ECF January 23, 2003 Page 2 The hearing opened with a presentation of the staff report by Jason Jordan, Associate Planner, Development Services, City of Renton, 1055 South Grady Way, Renton, Washington 98055. The applicant has proposed to subdivide a 2.17-acre site located within the Residential — 5 Dwelling Units per Acre (R-5). The proposal would create eight lots intended for detached single-family development. An existing 1,700 square foot house located on the southwest corner is located on proposed Lot 7 and is proposed to remain. The site is generally characterized as flat with very little slope. The site gradually slopes from north to south less then one percent. A geotechnical report was not required for this proposal. A wetland assessment was prepared by Shaw Environmental, Inc. and is dated October 2002. The wetland is located in the very northeastern corner of the property. The wetland is 986 square feet and is a Category 2 wetland, which requires a 50-foot wetland buffer. The applicant has asked to reduce the buffer from 50 feet to 25 feet in one area through buffer averaging. The reduced buffer width totals 1,258 square feet and the applicant is proposing to add 2,178 square feet of new wetland area. It meets code for buffer averaging requests. Access to the lots would be provided from NE 41h Court, which is the extension from previous Honeybrooke developments running east west and connects with Jericho Avenue. This would serve proposed Lots 1, 2 and 3. Proposed Lots 4, 5 and 6 would be served from a private street. Proposed Lot 7 would continue to gain access from NE 4`h Street. Proposed lot 8 would also receive access from the private drive. A private street can serve up to four lots not abutting a public right-of-way. The Environmental Review Committee (ERC) issued a Determination of Non -Significance — Mitigated (DNS- M) for the project. The DNS-M included 10 mitigation measures. There were no appeals filed. Those measures included four erosion control measures, three wetland mitigation measures, and three were standard mitigation fee requirements. The subject site is designated Residential Rural (RR) on the Comprehensive Plan Land Use Map. This proposal is consistent with the RR designation in that it would limit the number of lots proposed on the subject site while also protecting the wetland located on the northeast portion of the site. The proposal also takes this one step further by placing that wetland in a tract that is not to be developed or touched. The proposal would generate a density of 4.39 homes per acre, which is below the maximum of 5 homes per acre in this area. The 2.17 acre site is designated R-5 on the City of Renton Zoning Map. The proposed development would allow future construction of up to seven new homes. In response to questioning from the Examiner, Mr. Jordan stated that the private drive would extend to NE 0 Street and staff is recommending a condition that the extension is only for secondary emergency access. It would be gated and only utilized for emergency fire department emergency vehicle access. There will be two tracts located on the property, the wetland tract and the detention pond tract. All proposed lots meet lot depth, width and area requirements. As proposed the project meets all setback requirements. With respect to the easement for the private street, the setback is not from the easement it is from the property line. The proposed lot lines are configured such that the existing single family residence would be located entirely on proposed Lot 7 of the short plat; therefore all existing outbuildings not located on proposed Lot 7 are proposed to be demolished as part of approval. In addition, any portion of the attached deck on the existing single-family residence that is above 18 inches in grade would have to be demolished as part of the proposal. Staff Honeybrooke Phase IV Short Pla, File No.: LUA-02-110,SHPL-H,ECF January 23, 2003 Page 3 recommends a condition that if it is in fact over 18 inches in height that it also be demolished with all the other out buildings located on the site. The R-5 Zone permits one single-family structure per lot. Each of the proposed lots would support the construction of one detached unit. Accessory structures are permitted at a maximum of two per lot at 720 square feet or one at 1,000 square feet. The building height is limited to two stories and 30 feet for primary structures and 15 feet for detached accessory structures. The maximum building coverage is limited to 35 percent of the lot area or 2,500 square feet whichever is greater for lots over 5,000 square feet in size. The proposal's compliance with each of these building standards would be verified prior to the issuance of the building permits for each individual structure with the exception of Lot 7 which without the deck is in compliance as proposed. Each dwelling unit is required to provide two off-street parking stalls which will also be verified at the time that the single family building permits are applied for. Mr. Jordan again reviewed access to the site. During a previous application the Examiner put a condition on the project stating that a sign showing that there would be future right-of-way where this proposal connects to a previous subdivision. It is 42 foot of right-of-way proposed to be dedicated to the City. Staff also recommends a condition of approval that the private street connect to NE 4`h Street (this was a condition of the Fire Department) for emergency access only. Staff also recommends that the intersection of the private street and NE 4fl` Street be gated or blocked as approved by the Fire Department so that the entrance off of NE 4`h Street is only utilized by emergency personnel staff. Lighting, curb, gutter and sidewalks would be required along NE 4'h Street. Staff also recommends the establishment of a Homeowner's Association or a maintenance agreement for this development, which would be responsible for any common improvements or tracts. In addition, in order to ensure that emergency access to the development is not obstructed, staff is recommending that the applicant be required to place no parking signage near the hammerhead turnaround on the private street. In response to questioning from the Examiner, Mr. Jordan replied that applicant has been working with the property owner to the east of the site and can answer any question regarding setbacks along the private street and property line. The timing is such that most of the property to the east is in King County and the property owner is working through the plat process in King County. The most recent information that he has is that the area immediately east of the private street will be a detention area. Ultimately, they would like to see NE 4th Court continue through. The proposed subdivision is expected to generate additional traffic and the City's Environmental Review Committee (ERC) imposed a mitigation measure requiring the applicant to pay a traffic mitigation fee based on $75 per new trip associated with the project. The property is vegetated with mainly short scrub brushes, field grasses, ornamental trees and several mature fir trees. The topography is such that it is a flat site and staff did not feel that there would be a grade issue where they would have to grade out the trees; therefore, staff is recommending that the fir trees be saved. Temporary Erosion and Sediment Control Plan and the use of Best Management Practices would serve to mitigate potential erosion and off -site sedimentation impacts. The project application includes a construction mitigation plan, which is subject to final approval with the issuance of construction permits for the project. Police and Fire have indicated that they have sufficient resources to provide emergency services to this site subject to the payment of a Fire Mitigation Fee. Honeybrooke Phase IV Short Pla File No.: LUA-02-1 I 0,SHPL-H,ECF January 23, 2003 Page 4 The Parks Department has recommended a Parks Mitigation Fee, which the ERC imposed on the project The site is located within the boundaries of the Issaquah School District. The School District has indicated that they can accommodate the additional students expected to be generated by the project subject to the payment of Issaquah School District Impact Fee. The fee must be paid prior to building permit approval and staff recommends that this be a condition of the short plat. As a condition imposed by the ERC the applicant would be required to submit a drainage report per the 1998 King County Storm Water Manual (KCSWM) standards. Per the 1998 manual, the project would be required to provide water quality and detention. The applicant is proposing a combination of a settling basin/infiltration vault, which would be located on Tract 2. A Surface Water System Development Charge would be required prior to the issuance of construction permits for the short plat. The applicant would be required to extend an 8-inch sewer main extension through NE 4t' Court to the eastern property boundary. Once the extension is complete it will provide enough capacity to support the entire development. Finally, the water service would be provided by King County Water District #90. At the time of construction permit approval the applicant would be required to provide the City with a water availability letter. Staff recommends approval of the Honeybrooke Phase IV Short Plat subject to conditions. David Cayton, Core Design, 14711 NE 29"' Place, Suite 101, Bellevue, WA 98004 stated that they are the surveyors, engineers, and planners providing services for the development and they agree with all of staff's recommendations. Neil Watts, Director, Development Services Division, City of Renton, 1055 S Grady Way, Renton, WA 98055 stated that since they do not have any information from the adjacent property owner other then lengthy discussions with CamWest regarding a variety of development schemes for that adjacent property. The typical requirement for this private street in a short plat would be for a five-foot setback from the easterly property line to the pavement edge, installation of a solid fence along the property line and landscaping between the fence and the pavement edge. This is what he would recommend unless they receive some information from the adjacent property owner that they would be willing to accept something less. In regard to the section of the private street through proposed Lot 8, that is just a 20-foot easement at that point with 20 feet of pavement. The 26 feet would only extend through proposed lot 6 then narrows to 20 feet out to NE 4`h Street. In regard to the storm drainage tract, staff would prefer it to be a separate tract and will deal with it through the final plat in terms of ownership. Thomas Foster, 6450 Southcenter Blvd. #106, Seattle, WA 98188 stated that he is the applicant for the project and they concur with staff recommendations. They do have a question regarding the probability of proposed Lot 3 if an additional five-foot buffer from the property line is required. It would make the building pad narrower then projected. The Examiner stated that the buffer would be carved out of the 26-foot right-of-way. Honeybrooke Phase IV Short Plat File No.: LUA-02-1 10, SHPL-H,ECF January 23, 2003 Page 5 The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:10 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: The applicant, Thomas Foster, filed a request for approval of an 8-lot short plat. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. . The Environmental Review Committee (ERC), the City's responsible official, issued a Declaration of Non - Significance - Mitigated (DNS-M) for the subject proposal. The short plat was reviewed by the ERC because there are wetlands on the subject site, which required environmental review. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 5318 NE 46 Street. The subject site is located on the north side of NE 40' Street and east of Hoquiam Avenue NE. NE 4`h Court runs east to west and intersects the parcel on the west approximately 120 feet south of the site's north property line. The subject site is just inside the City boundary. The subject site is a rectangular lot approximately 153.17 feet wide (east to west) by 616.71 feet deep. The subject site is 2.17 acres or 94,465 square feet. An existing residence is located on the southwest corner of the subject site. It will be retained while other outbuildings will be removed. The home has a deck, which might encroach into a required setback. Staff recommended it be removed or corrected. The home would be retained on proposed Lot 7. The subject site was annexed to the City with the adoption of Ordinance 4760 enacted in February 1998. 9. The subject site is zoned R-5 (Single Family; Lot size - 7,200 sq ft). 10. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of rural residential single family uses, but does not mandate such development without consideration of other policies of the Plan. 11. The site changes elevation only about six (6),feet between the north and south and east and west. 12. A low area in the northeast corner of the site contains a Category 2 wetland. The wetland extends off the subject site. The portion on the subject site is approximately 986 square feet. Category 2 wetlands require a 50-foot buffer. The wetland will be preserved although the applicant will be using wetland rules that will allow it to do buffer averaging reducing the buffer to not less than 25 feet on its western margin. The averaging will be to provide a buildable lot west of the wetland. The applicant would be reducing the buffer by approximately 1,258 square feet but creating buffer of approximately 2,178 square feet or approximately 920 square feet more than would be removed. Honeybrooke Phase IV Short Plat File No.: LUA-02-1 I0,SHPL-H,ECF January 23, 2003 Page 6 13. The development of eight (8) lots would provide a density of 4.39 dwelling units per acre after subtracting acreage devoted to the roads and the wetland preserve. The proposed lots would range in size from approximately 7,200 square feet to 12,389 square feet. 14. Proposed Lot 1 would be located in the northwest corner, west of the wetland. Proposed Lots 2 and 3 would side -by -side and be located south of the easterly extension of NE 4`h Court. Proposed Lots 4, 5 and 6 would be stacked from north to south in the middle of the plat. Proposed Lots 7 and 8 would be located at the southernmost part of the parcel. A storm drainage tract would be located south of proposed Lot 8 along NE 4"' Street. 15. The applicant proposes providing access to the lots via NE 4"' (Lot 7), NE 4 h Court (Lots 1, 2 and 3) and via a private road and easement arrangement originating at NE 4`h Court and running along the east boundary of the site. The easement would extend south of NE 4`h Street and serve as an emergency access roadway. The City does not want a through -route created in this location, preferring to limit the number of turning movements along NE 4"' Street. 16. The north -south roadway would be a 26-foot wide private road that narrows to a 20-foot wide easement as it enters proposed lot 8. Staff has recommended that five (5) feet of landscaping and a fence be installed along the eastern edge of the roadway to protect the single family amenities of the adjacent single family zoned property from the impacts of up to 50 trips per day. 17. Staff has recommended that a stand of trees located along the western edge of proposed Lots 5 and 6 be retained. 18. The site would receive its domestic water from Water District #90 and its sanitary sewer service from the City. 19. The subject site will follow the 1998 Storm Water Manual. The storm water tract will be located in the southeast corner of the site while a wetland is located in the northeast comer of the site. 20. The proposed development will generate approximately 72 vehicle trips per day. Most of the trips will leave the subject site from the north with only one home having access directly to NE 4`h Street. 21. The subject site is located within the Issaquah School District. The City has adopted School Impact Fees for development that occurs in the Issaquah School District. The development of the homes would generate approximately three to four students. The fee is $2,937.00 per new home or $20,559.00 for the seven new homes. Conclusions: 1. The proposed short plat appears to serve the public use and interest. It appears that the existing infrastructure can support the additional development. In addition, the development impacts will be offset by the payment of the mitigation fees, including in this case, the impacts to the school system. The development of the new lots will increase the tax base of the City. 2. The applicant will be protecting the wetland. In order to create a more buildable building pad, the applicant will employ buffer averaging but will increase the buffer by more then fifty percent. 3. The short plat will increase housing opportunities while respecting the low -density development guidelines for this area of the City. It will provide potential residents with somewhat larger building envelopes. Honeybrooke Phase IV Short Plat File No.: LUA-02-110,SHPL-H,ECF January 23, 2003 Page 7 4. The parcels are rectangular and while they are larger than 7,200 square feet in most cases, they may present a hemmed in feeling since a number of them are interior parcels without benefit of street frontages and also constrained by private streets and easements. The more rural zoning should provide protection from having a side yard abutting a street that carries 50 vehicle trips on what is not much more than a wide driveway. In order to protect the more rural residential amenities of the adjacent parcel to the east, landscaping and a fence will be required along the eastern edge of the plat. The lots are compatible with both the zoning and Comprehensive Plan. The overall plat meets the density requirements of the R-5 zone. In conclusion, the proposed plat appears to meet standards and will add to the tax base of the City without unduly burdening City systems. Decision: The Short Plat is approved subject td the following conditions: 1. The applicant shall obtain demolition permits and complete all necessary inspections and approvals for all existing structures not located on what would become new Lot 7 and any portion of the attached deck over 18-inches in height within the 25 foot required rear yard setback of Lot 7. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to recording of the short plat. 2. The applicant shall place "No Parking" signage near the emergency vehicle hammerhead turnaround serving the development. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the short plat. No direct vehicular access shall be allowed onto NE 4`h Street from any lot within the plat except for Lot 7. This condition shall be placed on the face of the final short plat prior to recording. 4. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the short plat in order to establish maintenance responsibilities for this development. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the short plat. The private street shall connect to NE 41h Street for emergency access only. 6. The intersection of the private street and NE 46' Street shall be gated or blocked as approved by the City Fire Department, in order to ensure the entrance onto NE 4th Street is only utilized by emergency access vehicles. 7. The applicant shall be required to preserve the 13 existing fir trees, which are located in the rear yard setback areas of proposed Lots 5 and 6. The applicant shall comply with the conditions imposed by the ERC. Honeybrooke Phase IV Short Plat File No.: LUA-02-1 10, SHPL-H,ECF January 23, 2003 Page 8 9. The dedication of any right-of-way will have to be forwarded to the City Council which otherwise does not review short plats. 10. The applicant shall erect a sign on the eastern end of the newly extended NE 0' Court indicating that it will be a through street in the future. 11. The applicant shall install five (5) feet of landscaping and a fence along the eastern edge of the plat. 12. The applicant shall be responsible for paying the Issaquah School District Impact Fee. 13. The applicant shall obtain a water availability letter prior to recording of the short plat. 14. The applicant shall install "No Parking" signs along the private street. ORDERED THIS 23`d day of January, 2003. FRED J. KAYFMAN HEARING EXAMR,19R TRANSMITTED THIS 23`d day of January, 2003 to the parties of record: Jason Jordan 1055 S Grady Way Renton, WA 98055 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 Thomas Foster 6450 Southcenter Blvd. 4106 Seattle, WA 98188 Ben & Barbara Reid 5318 NE 4`h Street Renton, WA 98059 TRANSMITTED THIS 23`d day of January, 2003 to the following: Mayor Jesse Tanner Members, Renton Planning Commission Larry Rude, Fire Marshal Lawrence J. Warren, City Attorney Transportation Systems Division Utilities System Division South County Journal David Cayton Core Design 14711 NE 29"' Place, # 101 Bellevue, WA 98004 Bob Casserd c/o John L. Scott Real Estate 473 5 NE 0 Street Renton, WA 98059 Gregg Zimmerman, Plan/Bldg/PW Admin. Neil Watts, Development Services Director Sue Carlson, Econ. Dev. Administrator Larry Meckling, Building Official Jay Covington, Chief Administrative Officer Councilperson Kathy Keolker-Wheeler Alex Pietsch, Economic Development Director Honeybrooke Phase IV Short Plat File No.: LUA-02-110,SHPL-H,ECF January 23, 2003 Page 9 Pursuant to Title IV, Chapter 8, Section 100G of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., February 6, 2003. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., February 6, 2003 If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. 9 T23N R5E R z .1N dV'W 117134 QOOHZJ09H'�I3N - —Cunneen UNYyl�p�w xx!ts+t�e p�aaaa�'x A i I 51 Sift .✓�; ii U1���� �1 04'TJN alHlln OM'lllfi 1 I aN3�3"1 !M{aa f10[N re I/1N'O TI Y.r NM .'N N•n T'1N D,l N 7n0 aorraN Iarra [agora • Iarw (aYYi/IIIIn)fp To Mr- NIn f11 NIn T) YI Nr M •1N 1„1 N 71101T�IM wrYa .{ • wIW S>l7WHON3fl ••x urn • W1NY a un WfLL74-17:)UNSn HlO7F O1'/I p a1a1 NIW Ml srto�r' NMNIOaM Iron ra+ vt[•a vea o raroo raw.ro NII01 otr ranaa lwaww aN N a,a, Yt[Oe.wtt OIIt}.Iaa,LL>b IA}OILIIn NI I 7 1tl1aMMra10 4r11'Rar+O tY•o� a„i M u1'nu1 va1•aa rorl ona,rnr roan uNoa axnl of aalw,00 Ir 11aLL1 Naa aw'al,uol Laaa aro' '•narwu lnal n llan a„1l.m.a wltlawln'atNm aar ntm 'lira • arwr Ntron R JMINtO1'A .ouoal d ra,r.'ro 1•IMLIDI aLL O a,llYrlfl larMND1 Ml p ra!}I,•(O U1Mllp a1LL O r'Irll llan a1,1 J7 f1I„ 1•ra )111 atm a.I+vna an o.wnaa lat r N atn•w, axan uo� frT/IIO M 4LLM[!O 1R1 • Y!D'iptTt Iau.• m as w ataL 'rats un lf„ ♦rmroanrna,au- o.:•�� 1l�9ara wash: I.ror ,R ro w.Ilrra '•'J .—.. ra raw we.,o SN0117'111��77 ,IlISN34 •n No✓I (aorNrra LYO1•) a L'1rt{[ v1 .MOL (Or(t•,18N • 17r.LL W .out 1t81.�1M14 rfYq w--n I1T•JNrWn NIM T an}.Ir1 A'A • f 9 1t •anal A[ • 1N:tl1 Y�lfa •n .11r1 ♦rn •01„•Ir onan• •n nan uwa woT' u�.wJ w •tl• 'aa11o•l aan,la,r vlm0 aar 'ALMMO Oa10J0.Y •T•rnaa uu•tva^•••--• M :a[ntO! SNnaMa 11an,1 VW" •OaMTaaO 'a•ll Oa•OJC11Y (Ia1T•[[t!'w .alrlt •rM LLI•,.'l01 S�I1s1171S 311s roasorY • Y J taOM•zel A Nad aaaNAa -'e'J T,OLIO ONrO LLK•Iw fart) 1/JOK N)1RIINwn tMlTiaa ea aun) •aN E1r N•n • tl as Na120 /� On •lla [M•Mt (Mt) •ma W,onenrm,rw,al Ioa •w,a ruro�nlnol on1 raalo• Iv[u„10 aloes rm rouol haul m •ar n1a Olal T rrrarra alal r raa I N'M"Nn"�T - - �.n _ `'�—�— ——�•�•''^�-n r I T S7,rn0 N'me •�•-R •�mn��.'...a�- YI ;1 I o••aa},aol ;eo% Y�/. � I i � I r'-J 'ri:»�„ m« � ono, m k a n ,^r xyII . l u szr Ion• I cm,^al>A I I 1 T1i1 WYAX UGAW40H w •, — �w �IVI - •o!H/A:it N/t 3it' I uow }}ra :` �'• to •..,�� � .._1_ R1 I I I NEIGHBORHOOD DETAIL MAP REID PROPERTY (2EMrON, WASHINGTON COM DESi N MF • FLAMWS • SURVSYW. CORE NO. =021 SETTS IBER !, 20d1 I" ZOO• of -- Moplerood Nei 9hk6 r h o od Pork Esc, -9-- a CITY OF RENTON COUNCIL AGENDA BILL AI u: /0 „ e JSeptember Submitting Data: Planning/Building/Public Works For Agenda of: 8, 2003 Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats. Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Administrative Short Plat Report and Decision Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... Other. Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional right-of-way is a 15-foot radius at the corner of SE 29" Street and 106" Place SE. The dedication is a City of Renton code requirement of the High Avenue Short Plat, LUA01-005, and Council acceptance of said right-of-way should be completed prior to recording deed with the short plat. STAFF RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to execute the Deed of Dedication. IAP1anReview\C0LS0N\Shortp1atS 2003\HighAvenueSHPL 04 AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 DEED OF DEDICATION Property Tax Parcel Number: Project File #: Street Intersection: X 2TW 5 T . Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor s): Grantee(s): 1. Ut C1' ����`� 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Ab reviated or full legal must go here. Additional legal on page ) A�c,Go'?-� l N!o -�o '� Pt•P.� 1 t-4>�t�v� t���t�DG i� /!J 1 t>L-V C 40 of FLATS 9V� 7,7, ge" r-ts- S o A K IN�a GoU►�T'r'i � uJPcSE•i tNC�To1J. The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. This dedication is required as a condition for development of property. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantee(s): City of Renton i Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING ) _ I certify that I know or have satisfactory evidence that L'/G/ C. Notary box R• 1, �i(Gl��/ L signed this instrument and �1� • •t 11 ackno edged it to be his/her/their free and voluntary act for the uses and purposes •\tioWF IIt mentioned in the instrument. �Q:o NOTARY : U to ' ' / Notary Public in and for the State of Washington /tl ��'•`��?9-OrO �� Notary (Print) Adrian ,1. 4 ��a'G�C&t- 1t�pF �C� My appointment expires: .3 —% i -0 & w�+ Dated: DEED.DOC Page 1 EXHIBIT "A" LEGAL DESCRIPTION (Must be stamped by a P.E. or L.S.) A portion of land in the Southeast Quarter.of the Northwest Quarter of Section 29, Township 23 North, Range 5 East, W.M., King County, Washington described as follows: Beginning at the Southeast corner of Lot 6, Block 1, Akers Farm No.5 according to the plat thereof recorded in Volume 40 of plats, Page 27, records of King County, Washington; thence North 89*45150" West along the south line of said Lot, a distance of 42.92 feet to a point of cusp on a curve concave to the Northwest having a radius of 25.00 feet and a central angle of 119°33'20" and being subtended by a chord which bears North 30027130" East 43.20 feet; thence Easterly, Northeasterly, Northerly and Northwesterly along said curve, a distance of 52.17 feet to a point of cusp on the easterly line of said Lot; thence South 29*19110" East along said easterly line, a distance of 42.92 feet to the Point of Beginning; Situate in the City of Renton, State of Washington. B. I � o 1 4(X) G A Z LAND EXPIRES: 7/221 &OA4r— H:TORMS\KCRECORMEASEMENT.DOC\ Page 4 FORM 03 0000/bh/CA2-21-97 m 3.A5.5`6.BBS Z� I.LS •osaLt HJL60 -Z-S - - 0 .OL7Ll M C►8R1 .80•i8 .00 OS O O ----------t-----------I --------------- \ \ \ \ a 107 \Balm i \ b .9L'ri \ i \ 0\ I � ------------------j Tc I ld 'OS 40M I � r 10l mSWWd I� I L—.-------- -$ C; dO t93SodoEld ------------------- I � I � 6 I ` I ` VwIWO�� I% * 10l cssodoUd .� / / / / 7 / / M m i z I 0 m 0 a®I 4 Do M , . x [� W y a W > r x: 1 ti 1 0 a -a--- T. y '4 S.E. 29TH S, 1 1 2iIt 1 t e � I�y s S C 4A <T R RnI E 2 .g.sE a1ssT�" S.E. u C9 4i uj VICINITY MAP SCALE: 1 "= 400' vi W Q I� I 1 pj z 13 'q. s &yj 4 11 a ,M0 R ------LM- UI 7 �:1 t11 ie 2740-0 --' to »any9 n dal L'T lel Q I 1 1 e a REPORT City of Renton Department of Planning / Building / Public Works 8c DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST., DECISION DATE: March 21, 2001 Project Name Montemayor Short Plat Applicant Mark Dewitt File Number LUA-01-005, SHPL-A Project Manager Lesley Nishihira Project Description Administrative Land Use Action (Short Plat Review) for the four -lot subdivision of a 0.59- acre site located in the Residential — 8 Dwelling Unit per Acre (R-8) zone. The lots are intended for the future construction of single-family residences. Project Location Northeast corner of Benson Road South and SE 29'h Street Project Location Map shpirpt City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 21, 2001; PROJECT LUA-01-005, SHPL-A Page 2 B. GENERAL INFORMATION: 1. Owners of Record: Z Zoning Designation: Teodoro & Barbara Montemayor 15835 SE 167th Place Renton, WA 98058 Residential — 8 du/ac (R-8) 3. Comprehensive Plan Land Use Designation: Residential Single Family (RSF) 4. Existing Site Use: The site is currently undeveloped. 5. Neighborhood Characteristics: North: Partially developed single family lots (R-8 zone) East. Single family developed lots (R-8 zone) South: Single family developed lots (R-8 zone) West: Partially developed single family lots (R-8 zone) 6. Access: A private driveway easement off of 106th Place SE is proposed to serve lots 3 and 4. Lots 1 and 2 have direct access off the 106th Place right-of-way. 7. Site Area: 25,897 sf (0.59 acre) C. HISTORICAUBACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan 4498 02/20/1995 Zoning Annexation D. PUBLIC SERVICES: 1. Utilities 4404 06/07/1993 1971 08/13/1962 Water: Water service to the site will be provided by Soos Creek Water and Sewer District. Sewer: Sewer service to the site will be provided by the City of Renton. There is no sewer service available to the site at this time. Surface Water/Storm Water: There appears to be storm drainage facilities in South 29th Street and Benson Road South. 2. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-080: Detailed Procedures for Subdivision Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards Section 4-7-150: Streets -General Requirements and Minimum Standards Section 4-7-170: Residential Lots -General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 21, 2001; PROJECT LUA-01-005, SHPL-A Page 3 F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: Residential Single Family objectives and policies; Residential Streets objectives and policies; Subdivision of Land objectives and policies. 2. Housing Element: Housing Supply objectives and policies; Minimum Density Policies. G. DEPARTMENT ANALYSIS: 1. Proiect Description/Background The applicant has proposed to subdivide a 0.59-acre parcel into four lots. The property is currently undeveloped. The lots are intended for the eventual development of a detached single family homes. The project site consists of mostly tall grasses with some berry vines and a few deciduous trees. The proposed lots would range in size from 5,400 square feet (lot 3) to 7,612 square feet (lot 2). The proposal for four residential units on the site arrives at a density of 7.4 dwelling units per acre (du/ac). Access to lots 3 and 4 would be provided by a private driveway easement across the north sides of lots 2 and 3. Lots 1 and 2 would be accessed directly off of 106th Place SE. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. The RSF designation is intended to promote and enhance single family neighborhoods. The proposal is consistent with the RSF designation in that it would allow for the future construction of single family homes, thereby promoting goals of infill development. The proposal is consistent with the following Comprehensive Plan Land Use and Housing Element policies: Policy LU-34. Net development densities should fall within a range of 5 to 8 dwelling units per acre in Residential Single Family neighborhoods. The net density of the proposed subdivision, 7.4 dwelling units per acre, is within the density range prescribed. Policy H-4. Encourage infill development as a means to increase capacity. The proposal would create additional lots within an existing single family neighborhood, thereby increasing density within a currently developed residential area. b) Compliance with the Underlying Zoning Designation The 0.59-acre site is designated Residential — 8 (R-8) Dwelling Units per Acre on the City of Renton Zoning Map. The proposed development would allow for future construction of up to 4 new dwelling units along with associated plat improvements. Density — The allowed density range in the R-8 zone is a minimum of 5.0 to a maximum of 8.0 dwelling units per acre (du/ac) for lots exceeding 0.5-acre in size. Net density is calculated after shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 21, 2001; PROJECT LUA-01-005, SHPL-A Page 4 the deduction of critical areas, public rights -of -way, and legally recorded private access easements serving three or more dwelling units from the gross acreage of the site. After the deduction of the private roadway (1,900 square feet) and the corner area to be dedicated to public right-of-way (421 square feet) from the 25,897 gross square foot site (25,897 gross square feet — 2,321 square feet total deducted area = 23,576 net square feet / 0.54 net acre), the proposal would arrive at a net density of 7.4 dwelling units per acre (4 units / 0.54 acre = 7.4 du/ac), which is within the allowed density range of the zone. Lot Dimensions — The minimum lot size permitted in the R-8 zone is 4,500 square feet. A minimum lot width of 50 feet is required for interior lots and 60 feet for corner lots. Lot depth is required to be a minimum of 65 feet. The proposed plat would provide 4 lots ranging in size from 5,400 square feet to 7,612 square feet. The proposal's compliance with the required lot dimensions and setbacks is discussed further under the analysis of compliance with the subdivision regulations. Building Standards — The R-8 zone only permits one single family residential structure per lot. Each of the proposed 5 lots would support the construction of one detached unit. Accessory structures are permitted at a maximum number of two per lot at 720 square, feet each, or one per lot at 1,000 square feet in size. Building height in the R-8 zone is limited to 2 stories and 30 feet for primary structures and 15 feet for detached accessory structures. Maximum building coverage is limited to 35% of the lot area or 2,500 square feet, whichever is greater, for lots over 5,000 square feet in size, and 50% for lots less than 5,000 square feet in size. The proposal's compliance with each of these building standards will be verified prior to the issuance of building permits for each individual structure. Parkin — Each detached dwelling unit is required to provide two off-street parking stalls per unit. Tandem parking is also permitted. Each lot appears to be of adequate size to support two off- street spaces, provided the buildings are designed appropriately. c) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. The applicant is required, however, to dedicate the appropriate corner radius at the site's SE 29th Street and 106th Place SE intersection corner. RMC section 4-7-150.17 of the Subdivision Regulations requires the installation of full street improvements, including curb, gutter, 6-foot sidewalk, and half -street pavement pursuant to City of Renton Street Standards (RMC section 4-6-060). The applicant will be required to install these improvements along the site's 106th Place SE and SE 29th street frontages. In addition, the dedication of additional right-of-way for 106th Place would be required. A modification to the street. improvement and dedication requirements for the 106th Place right-of-way has been approved in order for the applicant to improve the existing gravel driveway as a 20-foot wide roadway as shown on the submitted plans. The proposed subdivision is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project will be required. The additional lots are expected to generate approximately 38.28 new average weekday trips 9.57 trips per lot x 4 lots = 38.28). The fee for the proposed short plat is estimated at $2,871.00 ($75.00 x 38.28 trips = $2,871.00) and is payable prior to the recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The minimum lot size permitted in the R-8 zone is 4,500 square feet. The proposed plat would create four lots — lot 1 at 6,246 square feet, lot 2 at 7,612 square feet, lot 3 at 5,400 square feet and lot 4 at 6,218 square feet. The proposed lot sizes are compatible with other existing lots in this area under the same R-8 zoning classification. The proposed lots comply with the R-8 requirements for minimum lot width (50 feet for interior lots) as well as minimum lot depth (65 feet). Proposed lot 2 also complies with the minimum width required for corner lots (65 feet), as well as the required side yard along a street setback of 15 shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 21, 2001; PROJECT LUA-01-005, SHPL-A Page 5 feet. Although the proposed plan currently indicates incorrect building setbacks for lot 1, the lot appears to have adequate building area for a residence when taking the required 20-foot front and rear yard setbacks into consideration. The remaining lots appear to have adequate building areas for the construction of suitable detached single family residences when taking setbacks and lot coverage requirements into consideration. The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone. In addition, each lot would have access to a public street. d) Reasonableness of Proposed Boundaries Access: The proposal includes a private driveway easement of 20 feet in width across the north side of lot 2 from 10e Place SE, which would serve lots 3 and 4. As proposed, lots 1 and 2 would have direct access to 106th Place SE. However, in order to reduce the number of driveway entrances along the 106th Place right-of-way, staff recommends the applicant be required to provide a private street easement to serve all four proposed lots. The private street easement must be a minimum width of 26 feet with 20 feet of paving. The revision of the short plat plan to comply with this requirement would be required prior to the recording of the plat. (Please note the increased easement width has been accounted for in the density calculations provided previously in this report.) In addition, the establishment of a homeowner's association or maintenance agreement for the private street, as well as any shared utilities, is recommended as a condition of the short plat approval. Topography: The topography of the site gently slopes from the north to the south toward SE 29th Street. The property is vegetated with mostly tall grass, blackberries and approximately 8 deciduous trees ranging in size from 8-inch to 36-inch in caliper. Based on the tree cutting plan submitted with the application, the removal of only one 36-inch cottonwood is necessary for the construction of the private street. The remaining trees shall be maintained and protected pursuant to RMC section 4-4-130.H throughout the development of the site for the benefit of the future residents. Relationship to Existing Uses: The properties surrounding the subject site are designated R-8 on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage residential infill development. e) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements and fees. A Fire Mitigation Fee, based on $488.00 per new single family residence, will be required in order to mitigate the proposal's potential impacts to emergency services. The fee is estimated at $1,952.00 ($488.00 x 4 new lots = $1,952.00) and is payable prior to the recording of the short plat. Recreation: The proposal does not provide on -site recreation areas for future residents of the proposed short plat. There are existing recreational facilities in the area of the subject property and it is anticipated that the proposed development would generate future residents that would utilize existing City park and recreation facilities and programs. A Parks Mitigation Fee of $530.76 per new single family home will be required. The fee is estimated at $2,123.04 ($530.76 x 4 new lots = $2,123.04) and is payable prior to the recording of the short plat. Schools: The site is located within the boundaries of the Renton School District. Renton School District No. 403 has indicated that the increased student enrollment that may result from the development of the proposed project, estimated at 1.76 students, can be accommodated by Cascade Elementary School, Nelsen Middle School and Lindbergh High School. The school district has indicated that these schools would be able to support the additional students generated by the proposal. shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 21, 2001; PROJECT LUA-01-005, SHPL-A Page 6 Storm Water. There appears to be storm water facilities currently located in South 29t' Street, as well as in Benson Road South. As required, the applicant has submitted a Drainage Plan with the application. The proposed short plat will require storm water detention and water quality treatment. The appropriate design of the necessary storm water facilities will be required prior to issuance of construction permits for the project. A Surface Water System Development Charge of $525.00 per new single family lot will be collected prior to the issuance of the construction permit. The System Development Charge is estimated at $2,100.00 ($525.00 x 4 new lots = $2,100.00). Water and Sanitary Sewer Utilities: Water service to the subject site will be provided by Soos Creek Water and Sewer District. Prior to the installation of required improvements, the applicant will be required to furnish a water availability certificate to the Development Services Division. In addition, the applicant must work with both Soos Creek and the City of Renton Fire Department to ensure that hydrant installation, location and fire flow will meet all City of Renton standards. Although the City of Renton will provide sewer service, at this time there is no sewer service available to the sub�ect property. The applicant will be required to complete a sewer main extension along 106' Place SE to the center of SE 29'h Street for future connections prior to the recording of the short plat. A Sanitary Sewer System Development Charge of $760.00 per new single family lot will be collected at the time the construction permit is issued. The System Development Charge is estimated at $3,040.00 ($760.00 x 4 new lots = $3,040.00). H. DECISION: The Montemayor Short Plat, File No. LUA-01-005, SHPL-A, is approved subject to the following conditions: 1. The applicant shall pay the required Transportation Mitigation Fee at the rate of $75.00 per net new average daily trip associated with the project (estimated at $2,871.00). The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 2. The applicant shall pay the required Fire Mitigation Fee equal to $488.00 per new single family residence. The Fire Mitigation Fee shall be paid prior to the recording of the short plat. 3. The applicant shall pay the required Parks Mitigation Fee equal to $530.76 per new single family residence. The Parks Mitigation Fee shall be paid prior to the recording of the short plat. 4. The applicant shall provide a private street easement of a minimum 26 feet in width with 20 feet of paving to serve all four proposed lots. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the short plat. 5. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the short plat in order to establish maintenance responsibilities for the private roadway as well as for shared utility improvements, if any. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the short plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURES: Gregg A. Zimrherman, P/B/PW Administrator March 21, 2001 decision date shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 21, 2001; PROJECT LUA-01-005, SHPL-A Page 7 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions 1. The applicant is required to comply with RMC section 4-4-130.H, Tree Cutting and Land Clearing Performance Standards in order to ensure the trees to be retained are adequately protected during site construction. 2. Lot 1 incorrectly shows front and rear yard setbacks of 15 feet. The R-8 zone requires minimum front and rear yards of 20 feet. Fire Prevention 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single family structures. If the building square footage exceeds 3,600 square feet in area, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. Plan Review — Drainage 1. Surface Water System Development Charges of $525.00 per each new lot will be required prior to the issuance of construction permits. 2. Detention and water quality treatment will be required for the short plat. Plan Review — Sewer 1. Sanitary Sewer System Development Charges of $760.00 per each new lot will be required prior to the issuance of construction permits. 2. A sewer main extension along 106th Place SE to the center of South 29th Street will be required. Plan Review —Water 1. A water availability certificate from Soos Creek Water and Sewer District must be provided to the City. 2. A Stortz "Quick Connect" fitting will be required to be retrofitted on any existing hydrants serving the site. 3. The applicant must work with Soos Creek and the City of Renton Fire Department to ensure that hydrant installation and location and fire flow meet city standards. Plan Review — Street Improvements 1. Sidewalk, curb and gutter, storm drainage improvements will be required for all street frontages. Plan Review — General 1. All plans shall conform to the Renton Drafting Standards. 2. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 3. Separate permits for side sewers, water meters and landscape irrigation meters will be required. When plans are complete three copies of the drawings, two copies of the drainage report, a construction estimate and application fee shall be submitted at the sixth floor counter. 4. Temporary Erosion Control shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. 5. Certification of the installation, maintenance and proper removal of the erosion control facilities is required prior to Temporary Certificate of Occupancy. 6. A construction plan indicating haul route and hours, construction hours and a traffic control plan shall be submitted for approval prior to any permit being issued. Haul hours shall be restricted to 8:30 a.m. to 3:30 p.m. unless approved in advance by the Development Services Division. Property Services 1. A dedication of property for street purposes requires approval by the City Council. This dedication is achieved via a recorded City of Renton Dedication Deed document. If the dedication is to be recorded with the short plat, the dedication process needs to be timed in such a way that Council approval and all other matters pertaining to the dedication have been taken care of and said document is ready to record. The Deed of Dedication document includes both a legal description exhibit and a map exhibit. The legal description exhibition should be prepared, stamped, dated and signed by the applicant's surveyor. The surveyor should also prepare the map exhibit. The dedication process requires an updated Plat Certificate dated within 45 days of Council approval of said dedication. Talk to your Project Manager if there are questions or further information is required. shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED March 21, 2001; PROJECT LUA-01-005, SHPL-A Page 8 TRANSMITTED this 22"d day of March, 2001 to the owners, applicant and contact: Teodoro & Barbara Montemayor (owners) 15835 SE 1671h Place Renton, WA 98058 Mark Dewitt (applicant) 64 Rainier Avenue South Renton, WA 98055 Jon Otterson (contact) Cramer Northwest 945 North Central Avenue, Suite 104 Kent, WA 98032 TRANSMITTED this 2Zd day of March, 2001 to parties of record. Sam Romero 1525 South 281h Street Renton, WA 98055 Andrew & Leighanna Greshock 16521 1081h Avenue SE Renton, WA 98055 Dave Hawkins 10636 SE 1661h Street Renton, WA 98055 TRANSMITTED this 2Zd day of March, 2001 to the following: Larry Meckling, Building Official L. Rude, Fire Marshal Neil Watts, Development Services Director Laureen Nicolay Jan Conklin Came Olson -Davis Lawrence J. Warren, City Attorney South County Journal Land Use Action Appeals & Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on April 5, 2001. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee,. to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. shpltrpt.doc RECORDING NO. VOL./PAGE CITY OF RENTON SHORT PLAT NO ---------- CITY OF REN SHORT PLAT COUNTY, WASHINGTON FOR MARK ARK DEWITT SCALE: GRAPHIC SCALE 1"=30' SKING LOCATED IN THE S.E. 1/4, OF THE N.W. 114, OF SECTION 29, TOWNSHIP 23 NORTH, RANCE 5 EAST, W.M., 1 inch 30 FT. 30 0 30 KING COUNTY, WASHINGTON PORTION OF: S.E. 1/4. N.W. 1/4, SEC. 29, T. 23 NORTH, R. 5 EAST, W.M. FRO '.� / IV FOUND REBAR aFAR� I ,,I� ssrasn'w a.z!• I JtJ{LLy ti� gl S.EM COT CR N.r ,..OF,LOf 6 GRAPHIC SCALE 1"-30':'co+c..bRnr _1 1 tti 30 0 30 / I GRAVEL BASIS OF BEARINGS: / / 1 �^ En ASSUMED SOUTH 571J'46' EAST ON THE CENTERUNE 1 .Qf• I .u'�v.� OF BENSON ROAD. / 02Cq / 1 i1 1 wj / VERTICAL DATUM: / ASSUMED JOB — BENCHMARK. 20' ��� _ I �o� SET 60D NAIL / sr: s• .� � I R� • 111 ,V / ASSUMED EL. - 300.00 U.S. FEET 50+ 'I9• �yp / Z ' ° 1 1 n I "" �O CONTOUR INTERVAL: I ` N 1 r f • - d 2.00 U.S. FEET/ 4L' ------------- pp rl S ZONING: l� 8 \" I I _ , �A I C \ � R-e4m/� r .R I 8l I 1 1 JO* \ sk I`� 9i� i 16• 'or I 20• It I 'v �'y\ Q T\ �_ I� gg SYt I I 15Z b P4�3Q v� �r<� a•rA•ro wToe. i• - ------------ �bbb J0� pI '' l'�:3 1s '•' • �1 ` ♦ �-70 q�'ICyp� , o�• gyp. 1 �' I 21'ri a p, 30, / y LOT AREAS: PARENT PARCEL• / ' 16 as.e9n so. Fr. (0.59f ACRE) LEGEND: TREE LEGEND: i / LOT I: O FOUND REBAR W/ UP /8566 7-1: IZ' fRUT�^ I� 6,216f 50. FT. (O.IIf ACRE) �,xp. SIGN POST T-1: ITCMR:Y L7 o �' LOT 2: �'./ TELEPHONE MANHOLE F-J: 17 COMONR000 7.612A SO. R. (0. 172 ACRE) � UTILITY POLE r-4: J6' COPUNw000 LOT J: GUY ANCHOR T-6: 2C Corm w Z a ISy§ �r S I r" I�{{ y7 ` 0.400t SO. FT. (0. 12f ACRE) • WATER VALVE T-6: 20' 001TOMMOD5 (1) FIRE HYDRANT r-T. 18' MAPLE LOT 4. (o.t4. ACRE) so. F® CATCH BASIN T-6: 20' WFLE a2r2 ' V af r. ® SINIIARY SEWER MANHOLE Y DMrAn0N AREA' LDECOJOUS TREE 421f 50. FT. (O.Otf ACRE) iO&WETER-111DE-NO) � ,r0, INGRESS, CORES$ AND URII.ITES EASEMENT. ' 2028 f SO. Fr. (O.05& ACRE) / OS. SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF MARK DEWIIT IN Dec. 2000 P.L.S. CERTIFICATE NO. 18898 Cramer Northwest Inc. Surveyors & Planners 945 N. CENTRAL, STE. #104. KENT, WA 98032 (253)852-4880 (local) 1-(800)251-0189 (fall free) (253)852-4955 (fox) E-MAIL: cnl®cromernw.com INSTRUMENT USED: GE001MCTER 600 AND/OR WON DM-.AIOLG METHOD: TRAVERSE EXCEEPW REQUIREMENTS OF WA 332-130-09Q INDEXING DATA: S.C. 114. N.W. 114, SEC. 29. r. 23 NORm. P 9 EASF• DRAWN BY: DATE: JOB NO.: J.A.C. Wed.. Dec. 20. 2000 2000-204SO CHECKED BY: SCALE: SHEET: J.E.C. I inch . JO rr. 2 OF 2 IMYJYI f,1mY m'i+1 I{lW'�u.M' YI•vp IYN4) 1TMM�� mx-i (+d sst.-:sa(sai) P•a•1) *tru Lfoo'"P a (wW OMrittlfti) »Y�S1bi�t'Sffx"PXia�JRSd°sJ4� :fai VA •txfi Wif roll us x)o x tri ` N� ,r S83NNYld 8 UOA3AN(15 'SN33ff wNan',w axww .m tNxmmNsrw wanww 'auj jsaMuj.zON .zauzL 10lA`u♦►� . SIlON ,LN)LNfI, ).LIl1Lr1 —a im s i : ST�'?73a r.3 --�—� :•tea / ' '6„±; _; � * amm,raw +' .im,.rs, ,c_ a •�awrt �.• c ok a , , � ��€ '•: '' Gt7111a1 •,, alr"Wof � 'CL rr. a•,ws[aasssA / 3� � ;b'O •dr smi i TV �\ �.�"�ooro \ /101 L611 Gr1.M,7f `O 1_ Ot. �6C'QC •/t, 1nA Q \ \\ 4vwto�l nil.n .It \\ P�\ , tl Crti�? �.r`Jr?��` $ IF ► ouram701. I\1 r `" IrliiMlM� �..."\ ? 'by Ab h y•! `\20 •al/!'La!•ll (W,v(11e •al [rtK•l) 'AN Tf 4� \ V I / I ),axNM Yws AWIMS N xz \ f osaa • Ina1• Iaam I ,•'v YYaN f • C� r aA •+r n p II + )101 AIW1 Wl- ♦ Af. r•r >r • • aaaww m Ilr,a•• � � MGV1 ,••I (1 • Jbw• AO� c / � I,IWwaO AI♦ V •I„ iW10 O aa.1. ase azw�r � S.ti! A' �� m s• AMOffQf YY AfnuaDfwr T-RMT7 - w YL wlrl - uaw n � ! - F•Y � - Ci I . yY AI - aru ww u >w• - 011i M1. 00 E - ,•a1 ia,+w - wr o•m � - as rwuaraaJa�n w.a taut 7YAS" 7D10Nt0,7 aaa• lu=m a(rnuc7ra� • w wu mw r ,tr • Im � aoua�, NOLdDOP70 7YDrl OE 0 08 At-.) WNA 901dYYD S M N fA 1au1`9ifJ1'1�ia1R��Bi61<'!i'� NT83�� •au ar a.sn-, • wun awr•a »rv1 rors aqun•I w e•uo, Ie, ar s 3 w XWM i rUXW AMEN RF7�339R19�� G% 4p •ru•Nw nmrf (n,l nfr-af(efq (a.) 6") afo-,9i(op}, » (VW) •ffr-gf(nt) et0ff rw '!,m '"If SH 7lf 'Ir•71 f Sa3NNYld v saoA3nans af -Sa33NIJN3 •ouj jsaatiuj.ON .zatu�e,z� Oo•JHJ jY e yll "'Tava .� i'.m. --� • CrrY OF HIGH AVE SHORT N AT � RENTON FOR uArr ofvnrt _ ►='� �'""J ., p�wa STRECT PROMS & SECTIONS s rkv er a+c c� •l R� t C-e MEN Ifirmom lfiffl'mmim illofflum limmimm OEMM- MEN In UEN LA - -MUM M, MEN G4 • 20 T23N R5E W 1/2 R-8 ,St.; RM-I 8 RM—I ----lath ,S Rj S 27th St. 1 i Cl) ~ 8 ,\ 8 , C. o y\R- `J 8 d_ -.:: - - SE 166th `\ _ r% C, , 1 P4 l H w 1 _.� - 100 ---- i w 1- 9 3, c� SLo ITIM o �- co 1 -- - _._ P- -- _ _r._ R-,8..T. 1 i _ SE 172nd St. R-10. 1 1 7th St __-- _J I R 8 14 • 32 T23N R5E W 1/2 ZONING 1t4 oo H4 pMW"'' CSMVICM F o ovwol 29 T23N ME W 1/2 CITY OF RENTON COUNCIL AGENDA BILL AI #: to Submitting Data: For Agenda of: September 8, 2003 Dept/Div/Board.. Finance & IS Department Agenda Status Staff Contact...... Victoria Runkle, FIS Administrator Consent..x............ Public Hearing.. x Subject: Correspondence.. x Refunding of Water/Sewer Debt Ordinance.x............ Resolution............ Old Business........ New Business....... x Exhibits: 1. Issue Memorandum - Overview Study sessions...... 2. DRAFT Ordinance Information......... Recommended Action: Approvals: Refer to Finance Committee Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $ 0 Transfer/Amendment....... Amount Budgeted.......... Revenue Generated......... $-0- Total Project Budget City Share Total Project.. SUMMARY OF ACTION: This ordinance will permit the Finance Department to refinance debt and save the City approximately $50,000 a year in the water utility. This ordinance needs to be on for the first reading of September 15th. We will sell bonds that week. Final reading will be on September 22, 2003. STAFF RECOMMENDATION: Refer to Finance Committee and then forward to full Council for the first and second reading. Revised March 8, 2002 MAL "► R CITY OF RENTON Finance & Information Services Department MEMORANDUM Date: September 4, 2003 To: Kathy Keolker-Wheeler, Council President Members, Renton City Council Via: Jesse Tanner, Mayor From: Victoria Runkle Finance & Information Services Administrator t )&4 Subject: Refunding of Outstanding Water Debt ISSUE As interest rates have fallen, we have analyzed our outstanding debt issues. Of course, we did this last year also, thinking rates could simply not go lower. They have, obviously, fallen and because of that we have about $10.5 million in outstanding water bonds that can be refinanced with an annual savings of between $50,000 and $70,000, depending upon the interest rates on the day of sale. RECOMMENDATION Staff recommends that Council adopt the Ordinance selling the bonds on first reading on September 15. After the bonds are sold, and we know the rates on September 18, we will report the actuals on September 22 to the Finance Committee and ask the ordinance be placed in second and final reading for that evening. BACKGROUND We have approximately $10.5 million of outstanding bonds that can be refinanced. The debt we are looking at to be refinanced was issued in 1993 and 1998. At that time, the interest rates were between five and six percent. We will be refunding this debt — without extending the repayment period — for coupon rates of two to three percent. However, because we will be selling these bonds at a premium, the actual yields on the bonds will be between 1.1 percent and 3.2 percent. Our annual savings are estimated to be between $50,000 and $70,000 annually, depending upon the interest rates on the day of sale. This equates to a savings of $500,000 to $700,000 over the ten-year term of the bonds. If for some incredible reason, rates increase between now and the date we are to sell the bonds, we will not sell the bonds. We have until the day of sale — September 18 — to actually make this decision. To: Kathy Keolker-Wheeler, Council President Members, Renton City Council Via: Mayor Jesse Tanner September 4, 2003 Page 2 We will have all financial documents available for review at the September 15 Finance Committee meeting. The final documents will be ready for the September 22 meeting. I have attached a summary prepared some time ago on this issue that illustrates the current debt service ("Old Net D/S") and the comparison with the "Net New D/S." These numbers are a few months old. However, the rates have not changed much in the bond market since this time. Please call with any questions you may have regarding this matter. We will have more detail by the Finance Committee meeting on September 15. VAR/dlf Attachment, as stated cc: Jay Covington, CAO Derek Todd, Assistant to the CAO Bonnie Walton, City Clerk Elaine Gregory, Fiscal Services Director Linda Parks, Finance Analyst Supervisor H:\FINANCE\ADMINSUP\.S_IssuePapers_memos to Council or Mayor\2003 Water Bonds Refunding.doc CITY OF RENTON, WASHINGTON WATER AND SEWER REVENUE REFUNDING BONDS, 2003 (Preliminary) DEBT SERVICE COMPARISON Date Total P+I Net New D/S Old Net D/S Savings 4/01 /2004 1,695,125.33 1,695,125.33 1,768,680.01 73,554.68 4/01/2005 1,703,082.50 1,703,082.50 1,772,883.76 69,801.26 4/01/2006 1,222,482.50 1,222,482.50 1,295,058.76 72,576.26 4/01/2007 1,225,882.50 1,225,882.50 1,298,838.76 72,956.26 4/01/2008 1,233,782.50 1,233,782.50 1,303,718.76 69,936.26 4/01/2009 885,407.50 885,407.50 959,318.76 73,911.26 4/01/2010 725,032.50 725,032.50 795,512.50 70,480.00 4/01/2011 361,470.00 361,470.00 433,156.26 71,686.26 4/01/2012 361,900.00 361,900.00 433,268.76 71,368.76 4/01/2013 366,360.00 366,360.00 437,306.26 70,946.26 Total 9,780,525.33 9,780,525.33 10,497,742.59 717,217.26 PRESENT VALUE ANALYSIS SUMMARY (NET TO NET) Gross PV Debt Service Savings........................................................................................................ 635,600.19 Net PV Cashflow Savings @ 2.783%(AIC)...................................................................................... 635,600.19 Contingency or Rounding Amount..................................................................................................... 2,878.90 NET PRESENT VALUE BENEFIT................................................................................................... $638,479.09 NET PV BENEFIT / $8,530,000 REFUNDED PRINCIPAL............................................................. 7.485% NET PV BENEFIT / $1,837,334.55 PV REFUNDED INTEREST .................................................... 34.750% Average Annual Cash Flow Savings.................................................................................................. 71,721.73 D.A. Davidson & Co. Public Finance - Seattle File = RENTON-1.SF-Series2003-New Money 61412003 10:36 AM DRAFT 7/15/03 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 7/15/03 For Discussion Purposes Only X 1 a"Mi 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...........................................................11 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 Section12. 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 1 DRAFT 7/15/03. For Discussion Purposes Only IQ IMINIOM193 Section 26. Acquisition of Escrow Obligations............................................................................30 Section 27. Verification of Sufficiency of Escrow.......................................................................31 Section 28. Escrow Agreement.....................................................................................................32 Section 29. Application of Bond Proceeds...................................................................................32 Section 30. Undertaking to Provide Continuing Disclosure ......................................... Section 31. Preliminary Official Statement Deemed Final...........................................................36 Section 32. Contract; Savings Clause............................................................................................36 Section 33. Effective Date of Ordinance......................................................................................37 ii DRAFT 7/15/03 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 7/15/03 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 7/15/03 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" }_ 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 7/15/03 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. rd DRAFT 7/15/03 For Discussion Purposes Only ORDINANCE NO. "Closing" shall mean the date of the delivery of 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 15, 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. 5 DRAFT 7/15/03. 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 -rats 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. 0 DRAFT 7/15/03 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. 1998. "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 7/15/03 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. 8 DRAFT 7/15/03 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. W DRAFT 7/15/03 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 \l "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 A4-y-August 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 7/15/03 For Discussiori Purposes Only ORDINANCE NO. 360-day year of twelve 30-day months), payable semiannually on each April 1 and October 1, commencing October 1, 2003, to the maturity of the Bonds; and shall mature on April 1 in the years and amounts and bear interest at the rates per annum as follows: Maturity Years (April 1) Amounts 2004 $ 2005 2006 2007 2008 2009 2010 2011 2012 2013 Interest Rates 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 stem{_ TC "Section 4. Registration of Bonds and Book -Entry System" \f C \1 "1" }_ 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 Bond certificate in fully immobilized form for the benefit of the Beneficial Owners pursuant to 11 DRAFT 7/15/03 For Discussion Purposes Only ORDINANCE NO. 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 Registrar of the immobilized certificates evidencing all of the then outstanding Bonds, the Bond 12 DRAFT 7/15/03 For Discussion Purposes Only ORDINANCE NO. 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" i 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 transfer on the interest payment date to an account within the United States. From and after the 13 DRAFT 7/15/03 For Discussion Purposes Only ORDINANCE NO. 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" L. 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 authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may 14 DRAFT 7/15/03 For Discussion Purposes Only ORDINANCE NO. 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 Re isg> trar{ 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 Exchange{ 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 7/15/03 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 7/15/03 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 mptien-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 \1 "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 7/15/03 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 Aec�Fundf TC "pion-l-zCreation -of AeeountSection 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 and Ageounts{ TC "Section 13. Deposits into Funds -and its" \f C \1 "1" L 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 7/15/03 For Discussion Purposes Only 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 7/15/03 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. 0 DRAFT 7/15/03 For Discussion Purposes Only ORDINANCE NO. Section 15. Pledge of Revenue and Lien Position{ TC "Section 15. Pledge of Revenue and Lien Position" \f C \I "1 " 1. 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 7/15/03. For Discussion Purposes Only C� 2I ►W�oA-El1 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" \f C \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 7/15/03 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 7/15/03 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 Bonds{ TC "Section 18. No Private Activity Bonds" \f C \1 "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 7/15/03 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 \1 "1" L 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 7/15/03. 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 7/15/03 For Discussion Purposes Only 19 29-TOR 103 at the discretion of the 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. (e) (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. fD(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 7/15/03 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" \f C \l "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 7/15/03 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, inlcuding, but not limited to the City Finance Director, and delivery of the same to the Bond Insurer. Section 24. Delivery of Bonds; Temporary Bonds{ 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 7/15/03 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 \1 "1" 1. The City hereby calls the 1993 Bonds that are subject to optional redemption for redemption on October 1, 2003, at a redemption price of par-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 atoms{ TC "Section 26. Acquisition of Escrow Obligations" \f C \l "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 7/15/03 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 par-101 ON 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 7/15/03. 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 "l " 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 7/15/03 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 Ores Revenue ^r 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 7/15/03 For Discussion Purposes Only ORDINANCE NO. 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: 1. 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. 34 DRAFT 7/15/03 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 7/15/03 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. M1 DRAFT 7/15/03 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 July, 2003. APPROVED BY THE MAYOR this Approved as to Form: Bond Counsel . Date of Publication: (Summary) Bonnie Walton, City Clerk day of July, 2003. Jesse Tanner, Mayor UFA CITY OF RENTON COUNCIL AGENDA BILL Al #: 10, Submitting Data: Fire Department Dept/Div/Board.. Administration Staff Contact...... Deputy Chief Art Larson Subject: King County FFY02 Department of Justice (DOJ) Equipment Grant Exhibits: (1) Issue Paper (2) King County Office of Emergency Management letter dated 6/30/03 (3) King County — FFY02 DOJ Equipment Grant — Attachments A-F Recommended Action: Council concur For Agenda of: September 8, 2003 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... V.4 X Approvals: Legal Dept......... X Finance Dept...... Other...... Risk Management.. X Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: King County is acting as a pass through agency for the purchase and distribution of equipment, in accordance with existing strategic plans, to ensure that the nation's state and local emergency responders have the equipment required to properly respond to terrorist incidents involving Weapons of Mass Destruction (WMD). The Renton Fire Department is assigned as lead agency for Renton. As designated on Attachment A, both the Renton Fire Department (Discipline designation HAZMAT) and Renton Police Department (Discipline designation LEA) will receive equipment. The projected equipment is comprised of personal protective and detection devices. The expected total value is $8,938.65. STAFF RECOMMENDATION: Staff recommends that City of Renton Council authorize administration to sign and execute King County — FFY02 DOJ Equipment Grant. Rentonneda,nbill/ bh Y o� RENTON FIRE DEPARTMENT =, ' MEMORANDUM INV DATE: September 2, 2003 TO: Council President Kathy Keolker-Wheeler Members of the City Council VIA:' Jesse T ` ner, Mayor FROM: A. L, `�eer, Fire Chief li � SUBJECT: King County FFY02 Department of Justice Equipment Grant ISSUE: King County is acting as a pass through agency for the purchase and distribution of equipment, in accordance with existing strategic plans, to ensure that the nation's state and local emergency responders have the equipment required to properly respond to terrorist incidents involving Weapons of Mass Destruction (WMD). The Renton Fire Department is assigned as lead agency for Renton. As designated on Attachment A, both the Renton Fire Department (Discipline designation HAZMAT) and Renton Police Department (Discipline designation LEA) will receive equipment. BACKGROUND: Funding for the equipment purchases is provided by the U.S. Department of Justice (DOJ), Office of Justice Programs, Office for Domestic Preparedness State Domestic Preparedness Program. The Washington State Military Department was designated the State Administrative Agency and worked closely with all counties. Population, geography, potential targets and hazardous materials response capabilities were included in the decision making process for equipment allocation. The projected equipment is comprised of personal protective and detection devices. The expected total value is $8,938.65. The City of Renton will be responsible for property accountability and all training related to the proper use, care and maintenance of the delivered equipment. The City is not mandated to replace the equipment. RECOMMENDATION: Staff recommends that City of Renton Council authorize administration to sign and execute King County — FFY02 DOJ Equipment Grant. King County Office of Emergency Management Department of Executive Services 7300 Perimeter Road South, Room 128 Seattle, WA 98108-3848 206-296-3830 June 30, 2003 The Honorable Jesse Tanner Mayor City of Renton 1055 South Grady Way Renton, Washington 98055 Dear Mayor Tanner: RECEIVED J U L 16 2003 f'J `r ORS OFFICE The state of Washington was awarded $5,998,000 in Federal Fiscal Year (FFY) 2002, by the U.S. Department of Justice (DOJ), Office of Justice Programs, Office for Domestic Preparedness State Domestic Preparedness Program for equipment purchases. Attached are the documents that impact your organization as a receiving jurisdiction under the FFY02 Equipment Grant. The Washington State Military Department was designated the State Administrative Agency for this grant program and worked closely with all counties emergency management agencies to effectively make use of this resource through the assessment process. The purpose of the grant funding is to purchase equipment, in accordance with existing strategic plans, to ensure that the nation's state and local emergency responders have the equipment required to properly respond to terrorist incidents involving weapons of mass destruction (WMD). Realistically, successful response to a terrorist attack will require mutual aid resources from all WMD equipment recipient agencies in King County. This equipment is considered part of the mutual aid resources available under mutual aid agreements already in place among law enforcement, fire, EMS, hospitals, public works and public health service providers. Attachment A provides the projected list of equipment that will be distributed to your jurisdiction through FFY 2002 funds. This list is an estimate of the equipment that your jurisdiction will receive and is subject to change due to price fluctuation, tax variance, shipping costs, etc. Please review the attached list, and provide an authorizing signature to verify that your jurisdiction will receive the listed equipment. If your jurisdiction wishes to waive the order of some, or all, of the equipment listed, please notify the King County Office of Emergency Management in writing at 7300 Perimeter Road South, Seattle, WA 98108-3848. KC OEM's point of contact is Mr. Shad Burcham; he can be reached at 206-205-8106. The decisions on WMD equipment types and distribution were made by a multi -disciplinary team comprised of representatives of Seattle, Port of Seattle, Bellevue Fire departments, Seattle and Kent police, King County Sheriff's Office (KCSO), Seattle Public Utilities, Soos Creek & Cedar River Water/Sewer Districts, Tukwila Public Works, King County Department of Natural Resources & Parks, Redmond Emergency Management, Seattle -King Public Health, Medic One and the Washington State Hospital Association. Population, geography, potential targets, and hazardous materials response capabilities were included in the decision making process for equipment allocation. A. ®12MM Attachment B lists the certifications and assurances the U.S. DOJ requires as part of the grant package. As a recipient of federal funding, the Military Department and King County made certain assurances to the U.S. DOJ in the grant application. The final receiving jurisdiction (City of Renton), must also abide by the assurances. Specifically, non-discrimination and lobbying requirements require certifications by sub -recipients of the funding under this grant. The federal funding also places property management responsibility on the Military Department, King County and final receiving jurisdictions. Attachment C provides the Department of Justice Property and Equipment Post Award Requirements, which will become the responsibility of the final recipient (receiving jurisdiction) of the equipment. Attachment D is the Distribution Agreement, between King County and the final receiving jurisdiction for property management. King County is acting as a pass through agency for the purchase and distribution of the equipment purchased with the grant funds. Once the equipment is delivered it becomes the property of, and responsibility of the final receiving jurisdictions to provide training, maintenance, and storage. The final receiving jurisdictions will be responsible for the inventory accountability to King County OEM and the Military Department for DOJ audits on the items accepted by that jurisdiction. Although Congress has appropriated significant funding for this equipment, this grant does not mandate that your jurisdiction purchase replacement equipment. Attachment E requests the point of contact information in your agency. The equipment purchased with these grant funds must be distributed in accordance with the DOJ process. Please provide the point of contact information for delivery of all equipment. Equipment will be delivered to multiple locations in each jurisdiction and it will be the responsibility of the sub - recipient to deliver to locations within that jurisdiction. Attachment F is a sample hand receipt that will accompany each delivery. Please complete the Index of Attachments, along with Attachments A, B, D, and E. If you have questions please call Mr. Shad Burcham at 206-205-8106. When signed, please mail to Mr. Burcham at: King County Office of Emergency Management (OEM) 7300 Perimeter Road South Seattle WA 98108-3848. Thank you for your immediate attention to these requests, and your support on this critical issue. rely, Paul Tanaka, County Administrative Officer Attachments cc: Eric Holdeman, Director, Office of Emergency Management, Department of Executive Administration (DES) Shad Burcham, Project Manager,OEM, DES F) INDEX OF ATTACHMENTS King County — FFY02 DOJ Equipment Grant This list is a summary of the attachments discussed in the letter and also indicates the action needed by the final receiving agency. Attachment A: WMD 02 Equipment Projected to be Distributed from Washington State Military Department through King County (Attachment must be signed and sizes must be provided.) Signed: Sizes Provided: Yes No Yes No Attachment B: Certifications and Assurances (Attachment must be signed.) Signed: Yes No Attachment C: Department of Justice Property and Equipment Post Award Requirements Please initial: Concur Attachment D: Distribution Agreement (Attachment must be signed.) Signed: Yes No Attachment E: Agency Point of Contact for Delivery Completed (Please initial): Yes No Attachment F: Sample Hand Receipt Please initial: Concur Attachment A King County — FFY02 DOJ Equipment Grant Name of Jurisdiction or Agency: City of Renton Contact Person: WMD 02 EQUIPMENT PROJECTED TO BE DISTRIBUTED FROM KING COUNTY OEM TO CITY OF RENTON Equipment Category Item Unit Cost Qty Size * Total Cost Discipline Personal Protective MSA, APR -Advantage 1000, Facepiece -law enforcement. Item available in small, medium, andfil large, please specify quantity of each size. $127.62 360 di' 5� $4,594.32 (36) LEA MSA, Advantage CBA-RCA canister, used for chem/bio and riot control. $23.63 72 N/A $1,701.36 (72) LEA Detection Siemens EPD Mk2 Dosimeter $450.00 4 N/A $1800.00 (4) HAZMAT IrDA Dosimeter Reader $120.00 1 N/A $120.00 (1) HAZMAT Total Jurisdictional Request: $8,215.68 Sales Tax: $722.97 Grand Total: $8,938.65 * Sizes required for all equipment showing a shaded box in the size column. I, on behalf of the City of Renton, agree to accept the equipment listed above. If any significant changes are made, I will be notified by the King County Office of Emergency Management, prior to the order being placed. Authorized Signature Title City of Renton Page 1 of 1 Attachment B King County — FFY02 DOJ Equipment Grant CERTIFICATIONS AND ASSURANCES As a sub -recipient (final receiving jurisdiction) of equipment purchased with federal funds under the STATE DOMESTIC PREPAREDNESS PROGRAM grant, Award Number 2002-TE-CX-0131 (CFDA 16.007), the City of Renton makes the following certifications and assurances: OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968: It will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 2. CIVIL RIGHTS: It will comply with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 3. LOBBYING: As required by Section 1352 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Page 1 of 2 Attachment B King County — FFY02 DOJ Equipment Grant c) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. Authorized Signature Title City of Renton Date Page 2 of 2 Attachment C King County — FFY02 DOJ Equipment Grant III -- POST AWARD IREMENTS Chapter 1: Payments Chapter 2: Period of Availability of Funds Chapter 3: Matching or Cost Sharing Chapter 4: Program Income Chapter 5: Adiustments to Awards Chapter 6: Property and Equipment Chapter 7: Allowable Costs Chapter 8: Confidential Funds Chapter 9: Sub awards Chapter 10: Procurements Under Awards of Federal Assistance • Chapter 11: Reporting Requirements • Chapter 12: Retention and Access Requirements for Records • Chapter 13: Sanctions • Chapter 14: Termination for Convenience • Chapter 15: Costs Requiring Prior Approval • Chapter 16: Unallowable Costs • Chapter 17: Indirect Costs • Chapter 18: Closeout • Chapter 19: Audit Requirements Page 1 of 3 Attachment C King County — FFY02 DOJ Equipment Grant Chapter 6: Property and Equipment Acquisition of Property and Equipment. Recipients/Final Receiving Jurisdictions are required to be prudent in the acquisition and management of property with Federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the recipient or Final Receiving Jurisdiction organization, will be considered an unnecessary expenditure. Note: Equipment purchased using funds made available under Federal grants shall be year 2000 compliant and shall be able to process all time/date data after December 31, 1999. Screening. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the recipient/final receiving jurisdiction organization can meet identified needs. While there is no prescribed standard for such review, recipient/final receiving jurisdiction procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the recipient or final receiving jurisdiction organization. The establishment of a screening committee may facilitate the process; however, a recipient or final receiving jurisdiction may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already available within the recipient's organization. The awarding agency's program monitors must ensure that the screening referenced above takes place and that the recipient/final receiving jurisdiction has an effective system for property management. Recipients/final receiving jurisdictions are hereby informed that if the awarding agency is made aware that the recipient/final receiving jurisdiction does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. Loss, Damage, or Theft of Equipment. Recipients/final receiving jurisdictions are responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged, or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. Real Property Acquired with Formula Funds. 1. Land Acquisition. Block/formula funds CANNOT be used for land acquisition. 2. Title. Subject to the obligations and conditions set forth in the award, title to real property acquired under an award or sub award vests, upon acquisition, in the recipient or final receiving jurisdiction. 3. Use of Real Property. The recipient and its final receiving jurisdictions may use real property acquired, in whole or in part, with Federal funds for the authorized Page 2 of 3 Attachment C King County — FFY02 DOJ Equipment Grant purposes of the original grant or sub award as long as needed for that purpose. The final receiving jurisdiction shall maintain an inventory report which identifies real property acquired, in whole or in part, with block or formula funds. The recipient or final receiving jurisdiction shall not dispose of or encumber its title or other interests. 4. Disposition. The final receiving jurisdiction shall obtain approval for the use of the real property in other projects when the final receiving jurisdiction determines that the real property is no longer needed for the original grant purposes. Use in other projects shall be limited to those under other Federally -sponsored projects or programs that have purposes consistent with those authorized for support by the State. When the real property is no longer needed as provided above, the final receiving jurisdiction shall request disposition instructions from the State. The State shall exercise one of the following: a. Direct the real property to be transferred to another final receiving jurisdiction or a criminal justice activity needing the property, provided that use of such real property is consistent with those objectives authorized for support by the State. b. Return all real property furnished or purchased wholly with Federal funds to the control of the awarding agency. In the case of real property purchased in part with Federal funds, the final receiving jurisdiction may be permitted to retain title upon compensating the awarding agency for its fair share of the property. The Federal share of the property shall be computed by applying the percentage of the Federal participation in the total cost of the project for which the property was acquired to the current fair market value of the property. In those instances where the final receiving jurisdiction does not wish to purchase real property originally purchased in part with Federal funds, disposition instructions shall be obtained from the awarding agency. Page 3 of 3 Attachment D King County — FFY02 DOJ Equipment Grant DISTRIBUTION AGREEMENT This Contract is entered into by King County represented by the Department of Executive Services, Office of Emergency Management and The City of Renton (Final Receiving Jurisdiction), whose address is 1055 South Grady Way Renton, Washington 98055. The Department is undertaking certain activities related to the STATE DOMESTIC PREPAREDNESS PROGRAM Project as funded by the U.S. Department of Justice under Grant Award Number 2002-TE-CX-0131. Under the terms and conditions of Grant Award Number 2002-TE-CX-0131, the Department will be distributing specialized emergency response equipment to the City of Renton. The distribution of the equipment is subject to the following terms and conditions. 1. The equipment delivered to the City of Renton is described in Attachment A. 2. The equipment delivered to the City of Renton is accepted "as is" by the City of Renton with the understanding that King County disclaims all warranties for the delivered equipment. Should the equipment not perform as specified by the vendor, King County will provide all warranty repair information to the City of Renton. 3. The City of Renton is responsible for the exchange of equipment with like items for proper size, etc. King County will provide all exchange information to the City of Renton. 4. The City of Renton is responsible for property accountability and all training related to the proper use, care and maintenance of the delivered equipment. 5. King County assumes no responsibility for the use, care or maintenance of the delivered equipment by the City of Renton. The City of Renton shall protect, defend, indemnify and save harmless King County, its officers, employees and agents from any and all costs, claims, judgments and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City of Renton, its officers, employees, and/or agents. The City of Renton agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. For this purpose, the City of Renton, by mutual negotiation, hereby waives, as respects King County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event King County incurs attorney fees and/or costs in the defense of claims, for damages within the scope of this section, such fees and costs shall be recoverable from the City of Renton. In addition, King County shall be entitled to recover from the City of Renton, fees, and costs incurred to enforce the provisions of this section. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any Page 1 of 2 Attachment D King County — FFY02 DOJ Equipment Grant copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. 6. The City of Renton shall comply with the Department of Justice Post Award Requirements, Chapter 6: Property and Equipment, of Grant Award Number 2002-TE-CX-0131, Attachment C, copy attached and incorporated by reference as if fully stated herein. Jesse Tanner \ " � e -Q< 7 T-,-- Paul Tanaka Mayor County Administrative Officer City of Renton King County 7-((- Date Date Page 2 of 2 Attachment E Washington State — FFY02 DOJ Equipment Grant AGENCY POINT OF CONTACT FOR DELIVERY Name: Glen Gordon Title: _Deputy Chief Organization: —City of Renton Fire Shipping Address (cannot be a PO Box): 1055 South Grady Way City, State, Zip: _Renton, WA 98055 Fax Number: 425-430- 7044 Phone Number: _425-430- 7000 E-mail Address:_ggordon@ci.renton.wa.us (Must be equipped to accept large pallets of equipment.) Page 1 of 1 (Date) Name Organization Address City, State, Zip Attachment F King County — FFY02 DOJ Equipment Grant SAMPLE HAND RECEIPT r y _j: 01,44.y I hereby acknowledge receipt of the following equipment from the State Domestic Preparedness Program. Description Model # Serial # (if any) Quantity Equipment Category Item Unit Cost Qty Size Total Cost Discipline Personal Protective MSA, APR -Advantage 1000, Face piece -law enforcement. Item available in small, medium, and large; pleasespecify quantity of each size. $127.62 36 30 filar 9> $4,594.32 (36) LEA MSA, Advantage CBA-RCA canister, used for chem/bio and riot control. $23.63 72 N/A $1,701.36 (72) LEA Detection Siemens EPD Mk2 Dosimeter $450.00 4 N/A $1800.00 (4) HAZMAT IrDA Dosimeter Reader $120.00 1 N/A $120.00 (1) HAZMAT Total Jurisdictional Request: $8,215.68 Sales Tax: $722.97 Grand Total: $8,938.65 Page 1 of 1 Attachment F King County — FFY02 DOJ Equipment Grant We understand this is a one-time grant and, as such, the final recipient is responsible for the maintenance, training, and proper storage of the equipment. Equipment lost, stolen, or unrepairable will not be replaced. We also hold the U.S. Department of Justice, the Washington State Military Department and King County harmless for any and all damages that may result from the acceptance of this equipment, including data loss. Signed by: Title: Telephone: Date: Page 2 of 1 CITY OF RENTON COUNCIL AGENDA BILL Al #: 10t Submitting Data: Fire Department For Agenda of: Dept/Div/Board.. Disaster Management September 8, 2003 Agenda Status Staff Contact...... Deputy Chief Glen Gordon Consent .............. X Public Hearing.. Subject: Federal Emergency Management Agency Pass Through Correspondence.. Grant for Emergency Operations Planning (EOP) Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: (1) Issue Paper Study Sessions...... (2) King County Emergency Operations Planning Information......... FEMA FFY02 Supplemental pass through grant agreement Contract #FFY02S-EOP-RENT-1 Recommended Action: Council concur Approvals: Legal Dept......... X Finance Dept...... Other...............Risk Management X Fiscal Impact: Expenditure Required... $0 Transfer/Amendment....... $0 Amount Budgeted....... $0 Revenue Generated......... $0 Total Project Budget $0 City Share Total Project.. $0 SUMMARY OF ACTION: The Renton Fire Department has been awarded a grant, of up to $6,050, to reimburse expenses for specific activities directly related to adding a Terrorism/Weapons of Mass Destruction component to the City's Emergency Management and Operations Plan (EOP). King County is acting as the pass through agency for the Federal Emergency Management Agency (FEMA). FEMA's performance period for the expenditure of these funds is from the award date of July 23, 2003 to December 1, 2003. The final plan update is due to King County Office of Emergency Management and to the Washington State Emergency Management Divison by November 15, 2003. STAFF RECOMMENDATION: Staff recommends that City of Renton Council authorize administration to sign and execute the King County Emergency Operations Planning FEMA FFY02 Supplemental pass through grant agreement Contract #FFY02S-EOP-RENT-1. Rentonnet/agnbill/ bh RENTON FIRE DEPARTMENT MEMORANDUM DATE: September 2, 2003 TO: Council President Kathy Keolker-Wheeler Members of the City Council VIA: �� Jesse Tan Mayor FROM: A. Lee Chief I SUBJECT: Emergency Operations Planning (EOP) Grant ISSUE: The Renton Fire Department has been awarded a grant, of up to $6,050, to reimburse expenses for specific activities directly related to adding a Terrorism/Weapons of Mass Destruction component to the City's Emergency Management and Operations Plan (EOP). BACKGROUND: The City's dedication and funding for disaster management for greater than three years was part of the criteria for the award. There are no cost -share or match requirements associated with this funding, however, grant funds shall be used to supplement and shall not supplant local funds dedicated to these efforts. The agreement outlines reimbursement exclusions. The grant provides the City with a level of protection for sensitive information, from the Freedom of Information Act (FOIA) or public disclosure laws, if any information in the plan falls under Exemptions 2, 4, 5 and 7(E). These Federal procedures are set forth in 44 CFR §5.57. State and local laws may differ from Federal provisions. FEMA's performance period for the expenditure of these funds is from the award date of July 23, 2003 to December 1, 2003. The final plan update is due to King County Office of Emergency Management and to the Washington State Emergency Management Division by November 15, 2003. RECOMMENDATION: Staff recommends that City of Renton Council authorize administration to sign and execute the King County Emergency Operations Planning FEMA FFY02 Supplemental pass through grant agreement Contract #FFY02S-EOP-RENT-1. CONTRACT # FFY02S-EOP-RENT-1 AGREEMENT Between KING COUNTY and the CITY OF RENTON This Agreement is executed between King County ("County"), a political subdivision of the State of Washington, and the City of Renton ("City"), a municipal corporation of the State of Washington, collectively referred to as "Party" or "Parties". PREAMBLE Emergency Management Plans establish a process and describe the activities for the delivery of assistance to address the consequences of disasters and emergencies. These plans describe the array of mitigation, preparedness, response, and recovery activities necessary to save lives and to protect health, safety, environment, and the economy. Chapter 38.52.070 (1) RCW states that "Each political subdivision of this state is hereby authorized and directed to establish a local organization or to be a member of a joint local organization for emergency management in accordance with the state comprehensive emergency management plan and program: PROVIDED, That a political subdivision proposing such establishment shall submit its plan and program for emergency management to the state director and secure his or her recommendations thereon, and verification of consistency with the state comprehensive emergency management plan, in order that the plan of the local organization for emergency management may be coordinated with the plan and program of the state." The Washington State Emergency Management Division (WAEMD) reviews city and county Emergency Management Plans for consistency with the Washington State Comprehensive Emergency Management Plan (CEMP) based on Chapter 38.52.070 RCW. This Agreement is funded from a pass through grant from the Department of Homeland Security, Office of Domestic Preparedness through WAEMD to Region 6 (King County) as FFY02 Supplemental Grant Number E03-201 to assist King County cities and tribes for developing or updating their Emergency Management and Operations Plans (EOPs) to include a terrorism/Weapons of Mass Destruction element. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City by the County to assist with developing and/or updating their Emergency management and Operations Plans (EOPs) to include a Terrorism/Weapons of Mass Destruction Annex as outlined in the scope of work and budget attached as Exhibit A. These EOPs must: ■ Enhance the regional response capabilities; ■ Develop or update city or tribal Emergency Management and Operations Plans (EOPs) that address all -hazard planning; and ■ Must include responses to terrorism and weapons of mass destruction. 1 of 10 CONTRACT 4 FFY02S-EOP-RENT-1 II. RESPONSIBILITIES OF THE PARTIES The responsibilities of the parties to this Agreement shall be as follows: A. The City l . Funds provided to the City by the County pursuant to this Agreement shall be used as outlined in Section III, Eligible Activities & Allowable Expenses and in the scope of work in Exhibit A. The total amount of funds available from this grant shall not exceed $ 6,050.00. There are no cost - share or match requirements associated with this funding. It is 100 percent federally funded. This is a reimbursement grant. Supporting documentation is required for reimbursement of expenses related to developing/updating the City's Plan and must include a terrorism annex as per Section III, Eligible Activities & Allowable Expenses. This grant is only for plan development and does not reimburse for training and/or exercise. 2. During the grant program, the City will submit a mid-term progress report by October 1, 2003 to the County in a form approved by the County. These reports will include: a) a description of each activity accomplished pertaining to the scope of work; and b) reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement, prepared by the city's finance department, that includes vendor name, description of service, date of service, date paid and check number. 3. The City shall submit a final report and invoice to the County that summarizes the work completed under the grant program according to the scope of work. The final report and invoice are due no later than November 17, 2003 unless amended as described in Section VII, Amendments. 4. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting process. 5. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 6. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 7. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the 2of10 CONTRACT # FFY02S-EOP-RENT-1 State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County and/or by federal or state officials as so authorized by law. 8. The City agrees to submit a final draft or final Emergency Plan with a Terrorism/Weapons of Mass Destruction annex to the King County Office of Emergency Management and a copy sent to Washington Emergency Management Division. The City is encouraged to use both sides of paper sheets for copying and printing and use recycled/recyclable products wherever practical. B. The County: 1. Payment is contingent upon submittal of a final draft or final Emergency Plan with a Terrorism/Weapons of Mass Destruction annex delivered to the King County Office of Emergency Management and a copy sent to Washington Emergency Management Division. 2. Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request that have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which do not meet the criteria in Section III, Eligible Activities & Allowable Expenses and/or are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section VII, Amendments of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with Section III, Eligible Activities & Allowable Expenses and/or the scope of work and budget attached as Exhibit A. 3. The grant program shall be administered by the King County Office of Emergency Management. III. ELIGIBLE ACTIVITIES & ALLOWABLE EXPENSES The City will receive reimbursement upon completion and submittal of development costs for the City's Emergency Management and Operations Plan, ensuring the Plan addresses all -hazards and must include a Terrorism and Weapons of Mass Destruction Annex. The following budgetary rules apply to this contract: ALLOWABLE EXPENSES DIRECTLY INCURRED FOR ACTIVITIES APPROVED IN THE CONTRACT STATEMENT OF WORK AND BUDGET: • City, (or consultant for City) salaries & benefits for plan development and update (not for payment of overtime); • Printing and reproduction costs; • Mail and postage costs; • Equipment rental; • Supplies and training materials; • Hiring contractors or consultants to perform work eligible under the grant; and • Per Diem and travel expenses. 3of10 CONTRACT # FFY02S-EOP-RENT-1 NON -ALLOWABLE EXPENSES: • Overtime pay • Training, unless directly related to the EOP Planning Process. • Training Exercises • Purchase of equipment; • To replace or supplant local government funding of existing planning, training, or exercise programs. Grant funds shall be used to supplement and shall not supplant local funds dedicated to these efforts. The City may be requested to support maintenance of efforts through documentation supporting three previous years budgets dedicated to these efforts. The City shall provide information pertaining to duplication of programs and identification of any other funding sources that may be used in conjunction with these funds. IV. PROTECTION OF SENSITIVE INFORMATION/FOIA/PUBLIC DISCLOSURE To prevent any inadvertent release of information provided to King County, WAEMD, FEMA, or other government agency, it is incumbent upon the City to advise these agencies of the information's sensitive nature at the time the information is provided. The City should place restrictive or warning legends on its information to draw attention to its view that the information is sensitive and should be protected from disclosure. A notice might read as follows: NOTICE: THIS DOCUMENT CONTAINS CONFIDENTIAL, PRIVILEGED, OR OTHERWISE SENSITIVE INFORMATION THAT MAY BE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATIONACT OR THE STATE OF WASHINGTON PUBLIC DISCLOSURE LAW, RCW 42.17. A third party (such as a member of the general public or the media) may, pursuant to the Freedom of Information Act (FOIA) or the public disclosure laws, request documents or records held by an agency, such as King County, Washington State or FEMA. If information submitted to an agency is determined to be exempt from disclosure under the FOIA or public disclosure laws, the agency may refuse to disclose such information under RCW 42.17.310. V. DURATION OF AGREEMENT This Agreement shall become effective upon signature and shall terminate on February 1, 2004. Since this is a sixty-day extension from the original proposal date, the City may submit a revised schedule to the County. VI. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section IIl, upon thirty (30) days advance written notice. B. This Agreement may be terminated by either party, in whole or in part, for cause prior to the termination date specified in Section V, Duration of Agreement, upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance, misuse of funds, and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.2. and Section II.A.3 4of10 CONTRACT # FFY02S-EOP-RENT-1 C. If the Agreement is terminated as provided above in section B, the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. VII. AMENDMENTS This Agreement may be amended only by written agreement of both parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with Section III, Eligible Activities & Allowable Expenses. Up to ten percent of the total of total award amount may be shifted between approved budget object codes as contained in Exhibit A. For amounts over 10%, the City must submit a written budget revision for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the grant requirements. VIII. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against the County arising out of or incident to the City's execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. IX. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. X. TIME IS OF THE ESSENCE/RATIFICATION OF PRIOR ACTS The County and City recognize that time is of the essence in the performance of this Agreement. In order to provide the City with needed time to complete the scope and schedule identified in Exhibit A, eligible expenses incurred from the notice of successful applicant on July 23, 2003 to the signing of the contract will be recognized. XI. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 5of10 CONTRACT # FFY02S-EOP-RENT-1 XII. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Office of Emergency Management and the City at the addresses provided below: If to the County: If to the City: Kathryn Howard, Project Manager, or a provided designee King County Office of Emergency Management 3511 NE 2nd Street Renton, WA 98056 Telephone: (206) 296-8749 or (206) 205-4061 Facsimile: (206) 296-3838 or (206) 205-4056 E-mail: Kathryn.Howard a,metrokc.gov Glen Gordon Deputy Chief/Emergency Management Coordinator City of Renton 1055 South Grady Way Renton WA 98055 Telephone: (425) 430-7022 Facsimile: (425) 430-7044 E-mail: ggordon@ci.renton.wa.us IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: City (Title) Date Approved as to form: City Attorney Date King County Accepted for King County Executive BY King County Administrative Officer Date Approved as to form: King County Prosecuting Attorney Date 6of10 CONTRACT # FFY02S-EOP-RENT-1 A. Name of City/Tribe: CITY OF RENTON B. Mailing Address: Fire Department 1055 South Grady Way Renton WA 98055 C. Contact Person: EXHIBIT A Name Deputy Chief Glen Gordon FF Brett A. Bigger (alternate) Title: Emergency Management Coordinator Telephone: (425)430-7022 (206)534-5161 (FF Bigger) Facsimile: (425)430-7044 E-mail: Ggordon ci.renton.wa.us Bbigger@ci.renton.wa.us D. Title of Project: Terrorism Incident Response Plan E. Contract Information: Taxpayer Identification Number: 91-6001271 Name and Signature Block of Person (s) Authorized to Sign contract: A. Lee Wheeler, Fire Chief City of Renton 7of10 CONTRACT # FFY02S-EOP-RENT-1 F.* Statement of Work: The City of Renton is the fifteenth largest city in the State of Washington. Within a ten mile radius there is a population of over 700,000 people. The headquarters for Boeing Commercial Aviation as well as the 737 and 757 production facilities call Renton home. Fourteen SARA Title III facilities are located within Renton. The FAA's regional office and King County's EOC center are located within Renton. Regional utility hubs are located in Renton including Puget Sound Energy, Olympic Pipeline, Qwest phone, and BP Oil. The pipes that transport the drinking water for the City of Seattle pass through our borders. Valley Medical, a regional hospital, resides within our city borders. The transportation needs of the region pass through Renton. The major north/south interstate divides downtown Renton. Three state highways converge in downtown Renton. Regional freightliner companies are based in Renton. Burlington Northern's major railroad tracks, carrying commerce to the nation from the Seattle ports, run through the City. All of these businesses, agencies and infrastructure are high profile regional or national providers of basic services to the region. They are also high profile targets that require a comprehensive plan for terrorist/weapons of mass destruction mitigation, preparedness, response and recovery. It is our goal to develop a thorough Terrorism Incident Response Plan, update our existing Comprehensive Emergency Management Plan (CEMP), and provide training to all Department/Division Heads within the City. We will also conduct an exercise to test the updated CEMP. The work will be conducted by the following members of the City of Renton Emergency Operations Team; Captain Stan Engler FF Roy Gunsolus FF Brett A. Bigger Notes: • Breakdown activities into clear actions. Identify personnel providing services if applicable • Identify measurable tangible deliverables/results 8of10 CONTRACT # FFY02S-EOP-RENT-1 G. Project Timeline: (Include measurable activities for task completion and critical dates. Projects must be completed and delivered prior to DeGember 1, 2003.February 1, 2004) 8/5/2003 Updated Hazard and Vulnerability assessment for terrorist/criminal activities will be completed. 9/5/2003 Updated Terrorism Incident Response Plan will be finished. 9/26/2003 Updated Comprehensive Emergency Management Plan incorporating the Terrorism Incident Response Plan and updates to appropriate ESF's will be completed. 11/6/2003 Training will be delivered to City employees and a tabletop drill will be conducted as part of our ongoing Emergency Management training. No training or exercises will be billed to the grant. 9of10 CONTRACT # FFY02S-EOP-RENT-1 H. Budget: ITEM DESCRIPTION COST SALARIES & BENEFITS Not for payment of overtime $5,400 FACILITY RENTAL EQUIPMENT RENTAL TRAVEL AND PER DIEM GOODS AND SERVICES SUPPLIES AND MATERIALS $300.00 MAIL AND POSTAGE PRINTING AND REPRODUCTION $350.00 CONSULTANT FEES OTHER COSTS Pleasespecify.) TOTAL PROJECT COST OR AWARD AMOUNT $6,050 • 10% of total award amount may be shifted between approved budget object codes. • Final signed invoice voucher to be submitted with final performance report & deliverables — Invoices not to exceed total amount of contract award. Other Funding Sources: City of Renton Disaster Management Budget: $137,084 FEMA State & Local Assistance Grant Through WA State Military Dept.: $ 27,010 10 of 10 CITY OF RENTON COUNCIL AGENDA BILL AI #: JO, 9 - SUBMITTING DATA: Dept/Div/Board.. HEARING EXAMINER Staff Contact... Fred J. Kaufman, ext. 6515 SUBJECT: Elle Rain Preliminary Plat File No. LUA-02-047, PP,ECF EXHIBITS: Hearing Examiner's Report and Recommendation RECOMMENDED ACTION: Council Concur FOR AGENDA OF: AGENDA STATUS: Consent ......... XX Public Hearing.. Correspondence.. Ordinance....... Resolution...... Old Business.... New Business.... Study Session... Other........... APPROVALS: Legal Dept...... Finance Dept.... Other........... IIFISCAL IMPACT: N/A Expenditure Required... Transfer/Amendment.. Amount Budgeted........ Revenue Generated... N: The Hearing Examiner's Report and Recommendation on the Elle Rain Preliminary Plat was published on January 13, 2003. On January 27, 2003 a request for variance was filed. The Examiner's Report and Recommendation on the Elle Rain Preliminary Plat Appeal was published on April 29, 2003. There were no requests for reconsideration and the appeal period ended on May 13, 2003. The Examiner denied the variance and recommends approval of the proposed Elle Rain Preliminary Plat, subject to the conditions outlined on page 11 and 12 of the Examiner's Report and Recommendation. STAFF RECOMMENDATION: Staff recommends approval of the Elle Rain Preliminary Plat project. April 21, 2003 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPLICANT: Patricia L. Wilson 1075 Bellevue Way NE #1500 Bellevue, WA 98004 Elie Rain Preliminary Plat File No: LUA-02-047,PP,ECF,V-H LOCATION: 3316 and 3420 NE 170' Place SUMMARY OF REQUEST: Environmental (SEPA) Review, Lot Width Variance and Preliminary Plat approval for the 11-lot subdivision of a 1.78-acre site. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on March 4, 2003. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: The following minutes are a summary of the April 8, 2003 hearing. The legal record is recorded on tape. The hearing opened on Tuesday, April 8, 2003, at 9:02 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Preliminary Plat Control Plan Exhibit No. 3: Topography, Utilities and Grading Plan Exhibit No. 4: Tree Inventory Plan Exhibit No. 5: Slope Analysis Exhibit No. 6: Street Profiles Exhibit No. 7: Zoning Map Elie Rain Preliminary Plat File No.: LUA-02-047,PP,ECF,V-H April 8, 2003 Page 2 The hearing opened with a presentation of the staff report by Susan Fiala, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project is located north of NE Sunset Boulevard, which is a principal arterial, it will be accessed through Newport Avenue NE then to NE 17'h Place and Monroe Avenue NE until we get to a new public road which will be Monroe Court NE, which is part of the plat. (3316 and 3420 NE 17'h Place). The subdivision is two parcels, there is one existing lot as part of Honey Creek Park, it is Lot 2, and then a larger parcel in which there would be 10 lots, with one existing house. The requested variance is from RMC 4-2-110A (R-8 development standards) for the required minimum lot width of 60 feet for a corner lot. The request is for a reduced lot width of 52 feet for a new Lot 11 where the existing house (3316 NE 17t' Place) is located and is proposed to be rotated by 90 degrees to remain within the plat. There are four criteria which we are looking at that the applicant suffers undue hardship and the variance is necessary because of special circumstances. The justification met is that the majority of the proposed Elie Rain Preliminary Plat, Lots 1-9 would be landlocked with no existing public access to the local public street system, therefore, in order to provide access to this landlocked parcel, the applicant purchased Lot 2 (3316 NE 17`h Pl.) in order to provide public access to this parcel. Lot 2 is 94 feet wide and 80 feet deep. In order to provide for the 42-foot wide right-of-way, you have remaining only 52 feet. There is an existing house on this lot and the applicant wishes to retain that house in the plat by rotating it 90 degrees and locating it on new Lot 11. The Examiner indicated he did not understand the hardship. The house can be removed, leaving reasonable use of the rest of the property. There must be a physical limitation that deprives them of development rights. The lot was purchased obviously to gain access so the plat is not landlocked. The house on proposed Lot 11 could be moved to Lot 9 or one of the other lots on the property, it is already going to be moved or rotated. Susan Fiala stated that Staff believes whether the existing house would remain in the plat or not, the lot width is only 52 feet and the applicant has tried to maintain all the required setbacks of the lot so that it can become... The Examiner indicated that this lot does meet all the criteria, but what is the hardship if the house does come down, they would have a 10-lot plat. It is not really a hardship to have a 10-lot plat as opposed to an 11-lot plat. There is enough land to build a 42-foot wide street, just not enough width to build a legal lot. Susan Fiala: With that in mind, yes, it could become a 10-lot subdivision, but rather than keeping a large 5,000 square foot parcel of area as green space where it could be un-maintained. The entrance to the subdivision, which has steep slopes, and the applicant by purchasing this lot, does make the plat un-landlocked. By increasing the road to 50 feet, a narrow piece of unused land would remain. The Examiner stated that variances need to be justified and the density doesn't necessarily do it. There needs to be a specific hardship, the fact that it would deny the applicant reasonable use of the property, 10 lots as opposed to 11 is not an unreasonable limitation on the property. Susan Fiala: The second criteria, that the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. The applicant proposes to add land area to the north side of the Lot 11 to make the lot larger than the minimum lot size required by the development standards of the R-8 zone. All the required setbacks appear to be in compliance with the development standards. Staff also indicates that by providing no less than a 42-foot right-of-way, Monroe Court NE would be able to provide efficient and safer driving conditions as the street grade would be slightly less than 15%. The front yard would have a setback of 20 feet and the side yard on Monroe Court NE would be 15 feet. The third criteria, that approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated. The applicant Elie Rain Preliminary Plat File No.: LUA-02-047,PP,ECF,V-H April 8, 2003 Page 3 justifies this by stating that other plats in the vicinity have been used for single-family residence use. The applicant proposes to add additional square footage on the north side of the lot in order to meet minimum lot size and depth requirement. He is simply requesting a variance for the City to allow the applicant to construct a single-family residence on new Lot 11 or maintain the existing house as consistent with other lots in the vicinity. The Examiner asked if this creates a precedence, can anybody then come in and want a narrower lot. Again, you need a hardship that justifies providing a narrower lot. There must be a physical need for the variance. Susan Fiala: The fourth criteria, that the approval, as determined by the Hearing Examiner, is the minimum variance that will accomplish the desired purpose. The applicant justifies this by making new Lot 11 large enough to accommodate a house consistent in size with the proposed homes in Elie Rain and existing homes in Honey Creek Park Plat. The Environmental Review Committee issued a Determination of Non -Significance — Mitigated for the Elie Rain Preliminary Plat. The DNS-M included nine mitigation measures. The 14-day appeal period commenced on March 10 and ended on March 24, 2003, no appeals of the threshold determination were filed. A mitigation measure was also placed on the project that the applicant shall be required to design the project according to the 1998 King County Surface Water,Design Manual Level 2 Flow Control. The Examiner asked if a fee was paid on the new Lot 10 proposed zone. Ms. Fiala responded that she did not believe that that particular fee had been paid. The project is designated residential single family on the Comprehensive Plan Land Use Map, which protects and enhances single-family neighborhoods and basically the subdivision is consistent with the land use'policies specifically related to density, lot size, and street access. With respect to the underlying zoning designation, the density after deduction of the rights -of -way is 7.6 dwelling units per acre. The Examiner asked to have 10 lots for the plat calculated. MS. Fiala asked if that was by way of deducting Lot 11. The Examiner responded that that was correct. The proposal meets all front, rear and side yard setback requirements All lots meet width, depth and area requirements. In looking at the building standards of the R-8 zone each lot is permitted to have one single family residential structure, they would also be able to build accessory structures at the maximum number of two per lot at 720 square feet, or one per lot at 1,000 square feet. As noted on the Preliminary Plat Plans there are no outbuildings and so no demolition permits are required. The project complies with the Subdivision Regulations. They also comply with the Arrangement Access Requirements of the Subdivision Regulations as well. In looking at the size, shape, and orientation of the lots to meet minimum lot width and area, all lots meet these requirements except new Lot 11, which is the subject of the variance today. The plat plan includes setback lines for each of the lots showing the building envelopes. When considering the setbacks, all lots do comply in having sufficient area for building single-family homes. Regarding property corners at intersections, all lot corners at intersections of dedicated public rights -of -way; except alleys, would be required to have 15 feet. Lot 11 located at the intersection of public rights -of -way, the plat plan does show a radius of approximately 25 feet, however the new Monroe Court NE, where it connects Elle Rain Preliminary Plat File No.: LUA-02-047,PP,ECF,V-H April 8, 2003 Page 4 with NE 17'' Place at the southwest corner as it abuts existing Lot 1 of Honey Creek Park, does not show a radius on the plat plan. The utilities plan does show a radius but it is not dimensioned, this will be required to meet at least the minimum 15-foot radius per code. The Examiner asked if the 15-foot radius can be met. Ms. Fiala noted that the applicant's consultant is present and can better speak to the question. In looking at the project in its compliance with access and street improvement requirements, access to the site as mentioned earlier is proposed via a new public right-of-way, Monroe Court NE. There are two separate 20-foot private access easements which will serve Lot 4 and Lot 10. There is a drainage easement that serves Tract A as well. The Examiner asked if there was a reference to sharing the easement to Lots 3 and 4. Ms. Fiala stated that with Lot 3 and Lot 4, it is suggested as a condition of the plat, that both lots utilize the access easement to reduce the number of curbs cut along Monroe Court NE, as well for Tract A and Lot 7, we recommend as a condition of the plat that the drainage easement also be used as an access easement for Lot 7 to once again reduce the number of curb cuts. Originally, there was an issue with the length of the road as it is measured from NE Sunset Blvd., and this issue has been taken care of. The length of the road is 1,000 feet to the subject plat and based on that a secondary means of emergency access was required to the plat. The applicant's attorney and the City Attorney have worked out an agreement with the Renton Housing Authority. Staff also recommends the establishment of a homeowners association or maintenance agreement. The topography of the subject site is hilly, there are grades ranging from 12 to 39% sloping from the west to the east. This classifies the subdivision as a hillside subdivision. A Slope Analysis Map has been prepared and the slopes on all sites are in agreement with the City's slope atlas. The site is heavily forested with trees, shrubs and blackberry bushes. All vegetation will be removed with the exception of 15 trees. Police, Fire, Parks and the Renton School District all indicated that provided that the applicant pay the required mitigation fees they could provide services to the proposed development. A Level 1 drainage report was submitted and was not approved. Staff has had ongoing conversations with the engineer, updated calculations for storm water have been submitted and it appears to meet the Level 2 drainage qualification. An 8 inch water main and sanitary sewer, to serve the subdivision, will be required and all fees will be payable at the time a construction permit is issued. In conclusion, staff recommends approval of the project subject to the following conditions: 1. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. 2. New Lot 3 shall be required to utilize the 20 foot access/utility easement located on said lot for vehicular access to and from Monroe Court NE. This condition shall be noted on the face of the fmal plat. Elle Rain Preliminary Plat File No.: LUA-02-047,PP,ECF,V-H April 8, 2003 Page 5 3. The drainage easement located on Lot 7 shall be required to provide vehicular access to Lot 7 and Tract A. This condition shall be noted on the face of the final plat. 4. The applicant shall be required to install a split -rail fence or other approved barrier along the entire edge of the landscape easement (Recording #9108269012) located on Tract A and Lot 7 to denote the designated area prior to recording of the final plat. Tom Touma, Touma Engineers, 6632 South 191' Place, Ste. E-102, Kent, WA 98032 stated that they have been working with the staff to bring the subject plat to this point as to the development of Elle Rain. The conditions as set by the Environment Committee are satisfactory to us. In reference to the storm drainage, we have complied with the Level 2 drainage qualification by increasing the size of the tank. The issue on the curb return would be the Lot 1 of the Honey Creek Park, it is true that it is less than 15% that would be required by the City, but the consideration that was given to us, and we probably should have discussed it further with the staff, is that the possibility of any traffic going west for the full curb turn for that area is not really going to be used at all. The Examiner noted that emergency vehicles might come from that side, which is the whole point of the access easement, assuming fire trucks need all the turning radius they might be able to get. Mr. Touma agreed with the Examiner, the truck when it comes in will be on the south side of the right-of-way and would have adequate turning room to get in, but coming out would be the situation that was mentioned. An option would be to go down Monroe. The applicant does not own the property to the west, it is difficult to say that you can get an easement. We have not approached that option with the owners. The Examiner stated that the north corridor could be shifted to the east slightly to meet the radius of return and then the variance of Lot 11 would no longer be an issue. It is a code requirement and not something that we can just lightly suggest. Tom Touma: Thank you, just one more comment about the house. I think there were questions about the hardship and the intent of that house is not the whole house is going to be turned 90 degrees. Part of the house will be maintained as is, half of it would be taken out and the existing foundation would be utilized. Jeff Rieiker asked to make some comments and was sworn in by the Hearing Examiner. Jeff Rieker, 3316 NE 17`b Place, Renton, WA 98056 stated that be lives in the house in question (Lot 11). The undue hardship is that the house won't fit on any of the other lots because of the topography and it's not a throw away house. Throwing away $150,000 seems to be quite an undue hardship. The Examiner stated that economic hardship is not part of the variance criteria. It must be a physical constraint or limitation. Mr. Rieker stated that he would not have a house. The Examiner further stated that as that may be true, you obviously purchased or someone purchased the property with this in mind, knowing that the house was at least going to have to be rebuilt, reconstructed. That full access was going to need to be provided to the interior parcels. I will consider the issues, but I am having some problems, and now we have the curb return issue on the west side of the street. Monroe Court could be shifted to the east and more centered on the cul-de-sac bowl. Jeff Rieker stated there might be a street alignment issue, to keep the streets aligned so when emergency vehicles are coming in they don't have to make a jog. If you shift the road over, then there will be a jog. Kayren Kittrick, Development Services, 1055 South Grady Way, Renton, WA 98055 stated that in regard to the 15 foot radius, we went into this problem before, generally it can be either that the road has to be shifted over to accommodate the Fire Department's minimum radius, but most of this is usually done under design. The problem we have is with the lot being under a request for variance. There is also the possibility that the property owners of the other lots can approach the owner of Lot 1 for an easement. Fifteen feet is our minimum standard, you cannot get around that. The drainage calculations that were provided do meet the Level 2 King County Elle Rain Preliminary Plat File No.: LUA-02-047,PP,ECF,V-H April 8, 2003 Page 6 Surface Water Design Manual we will be perusing them when we have the final technical information report that is submitted with the construction plans, which will reflect anything that is required by this hearing. The Examiner inquired about how close the existing lot on Lot 1 is, obviously whoever bought Lot 1 was expecting to be located next to Lot 2, not a road that serves houses with a hundred plus vehicle trips per day? Kayren Kittrick stated that she did not know. The Examiner asked if Lot 1 of Honey Creek maintains a 20-foot setback for a street. Susan Fiala: responded that based on the side yard for Lot 1 of Honey Creek Park, it appears that by measuring the submitted drawing it is about 14-15 feet from the eastern property line. If you would take away any of that land area it would make that lot nonconforming for a side yard along a street. The Examiner stated that the record would be held open so that the precise distance from the proposed road to the side yard on the Honey Creek Lot 1 could be determined. Again, that may be another reason the road should be shifted. We would be creating a nonconforming situation by creating this road next to the existing lot in Honey Creek as proposed in the Lot 1 of this new project. I would like a surveyed result, or someone from Public Works to measure it to make sure this is appropriate. The Examiner called for further testimony regarding this project. Susan Fiala: I have recalculated the revised density. If you take away Lot I 1 that would make the site 7.5 dwelling units per acre. There is another application in by the applicant for Lot 10, as there is an existing house on Lot 10, the applicant is moving forward with a lot line adjustment and I believe this lot line adjustment may have some bearing on the site as well. It may be related to the house that exists on Lot 2 or they may be looking at selling the existing house on Lot 10 and with that you take away any additional land area since Lot 10 is 8,959 square feet, that would make the density of the overall subdivision about the 8 dwelling units per acre. The application for lot line adjustment is a current application, it has not been approved yet. The Examiner requested the background of the property, which way would Lot 10 be lot adjusted. This map in the staff report shows a proposed home on Lot 10, which is on a slight angle more or less following the north setback line. Ms. Fiala: That is correct, the lot line adjustment would take the northern boundary lot line of existing Lot 2, readjust it into the location of Lot 10. No creation of another lot, just removing the lot line and making it for Lot 10. The Examiner questioned the reason for that. Ms. Fiala stated that for this existing house on Lot 2, when they move it to do the improvements, they do not want to have it on two different lots. Mr. Rieker: Even if the lot line is adjusted it won't change the plat application. Both lots will still be part of the plat so it won't increase or decrease the density. The reason is the house on proposed Lot l I to comply with all the standards until the Plat is recorded, the house being moved won't comply with all the setback standards and all the other issues. Lot 10 would not be removed from the larger preliminary plat. The Examiner called for further testimony regarding this project. Kayren Kittrick: The Mitigation Fees for Lot 10 were paid at the time the house was constructed. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing will be held open for the information on the Honey Creek Lot 1 setback, and other than that, this will be a recommendation other than the variance to the City Council, they would take future action at a future City Council meeting. The meeting concluded at 9:57 a.m. Elle Rain Preliminary Plat File No.: LUA-02-047,PP,ECF,V-H April 8, 2003 Page 7 FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: Findings: The applicant, Patricia L. Wilson, filed a request for approval of an 11-lot preliminary plat together with a variance to allow a corner lot to have less than the required 60-foot width. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC) issued a Determination of Non -Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The applicant originally filed an administrative appeal in order to establish an emergency access route through the Renton Senior Housing Authority complex that is located west of the subject site. Since the appeal was filed, the Housing Authority has granted an easement that provides secondary access to not only the subject site but also the general neighborhood. The subject site is located at 3316 and 3420 NE 17th Place. The site is directly north of and straddles Monroe Avenue NE if it were extended. Monroe Avenue will be extended into the site if the plat is approved. The extended street would be Monroe Court. The subject site was annexed to the City with the adoption of Ordinances 1627 and 4337 enacted in August 1957 and December 1991, respectively. 8. The site is zoned R-8 (Residential - 8 dwelling units per acre). 9. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family homes, but does not mandate such development without consideration of other policies of the Plan. 10. The subject site is an irregularly shaped parcel. The main part of the site is approximately 296 feet wide (east to west) by approximately 212 feet deep. On the southeast corner there is an easterly trapezoidal extension of land that is approximately 100 feet. A new home was recently constructed in this area on what would be Proposed Lot 10. In addition, a lot, Lot 2, from what was Honey Creek Addition extends the parcel to the south by 80 feet. That parcel is 94 feet east to west. 11. The subject site is approximately 77,537 square feet or 1.78 acres. 12. The Lot 2 of Honey Creek was developed with a single-family home as part of that prior development and has access to NE 17th Place. Prior to the acquisition of the Honey Creek Lot 2, the majority of the subject site was landlocked with no road access or frontage. Lot 2 was acquired by the project proponent to provide access to the interior portions of the subject site. Elle Rain Preliminary Plat File No.: LUA-02-047,PP,ECF,V-H April 8, 2003 Page 8 13. The proposed access road that extends from NE 17th Place would run through the original Honey Creek Lot 2 and end in a cul-de-sac turnaround. The development of the road would require the redevelopment of the existing home on the lot since the home is now located across the proposed right- of-way. The applicant proposes moving and rebuilding a part of the home to accommodate the new north -south extension of Monroe. The lot would be designated Lot 11 in the proposed subdivision. 14. The new roadway would be 42 feet in width. It would be carved from the western portion of the 94-foot wide lot. The development of the road would leave a lot approximately 52 feet wide. Corner lots are required to be 60 feet wide. The applicant has requested a variance to allow proposed Lot 11 to be less than the 60 foot width required by code for corner lots (RMC 4-2-110A). 15. At the hearing, information was introduced that the new north -south roadway would not be providing the required 15-foot radius curb return on its western intersection with NE 17th Place. Such a radius accommodates turning movements of vehicles, particularly larger vehicles. The land for such a turn could either be accommodated from a third party property west of the intersection or from shifting the roadway to the east slightly. Or, staff could potentially eliminate the requirement through variance or roadway modification. 16. The subject site has steep slopes located generally in the north half of the site. The slopes in that area vary from 25% to 39%. Those slopes are defined as sensitive on the City's mapping system. The average slope of the site is 20%, which makes development of the site subject to the Hillside Subdivision Standards (4-7-220). Those standards require public review, submission of a geotechnical report, larger lots and erosion control measures. Staff noted that these requirements have been imposed and met by the applicant. While code is rather non-specific about larger lot sizes (RCW 4-7-220-4: "Lots: Lots may be required to be larger than minimum lot sizes required by the Zoning Code. Generally, lots in steeper areas of the subdivision should be larger than those in less steep areas of the subdivision."), three of the lots in the steeper areas are only 19, 43 and 51 square feet larger than the minimum required by code. 17. The applicant proposes developing 11 lots for detached single-family homes. Nine new homes would be developed on Proposed Lots 1 to 9. An existing new home on Proposed Lot 10 would remain and as indicated, the applicant plans extensive renovation of the relatively new home on Proposed Lot 11 to accommodate the new access roadway, Monroe Court, as it enters the plat, if a variance is approved for less than required lot width. 18. Lots would range in size from approximately 4,519 square feet to 8,959 square feet. 19. Staff has calculated that approximately 14,912 square feet would be used for roads. This acreage reduces the amount of property to determine density. The plat would have a density of approximately 7.67 units per acre. If the variance were denied and the plat developed with only 10 lots the density would be 7.58 units per acre which would still meet code requirements. 20. The main access to the subject site will be the new cul-de-sac extension of Monroe Avenue north into the site on a 42-foot wide roadway. A modification was granted to allow the 42-foot wide roadway. A private roadway would provide access to Proposed Lot 4 over an easement across Proposed Lot 3. Access to the storm drainage tract in the northeast corner of the site would be across Proposed Lot 7. Proposed Lot 10 retains access via an existing easement off the subject site. As indicated above, a secondary emergency access to the subject site would be provided by a westerly extension of NE 17th Place to an easement across the Renton Senior Housing complex. Secondary access is required since Elle Rain Preliminary Plat File No.: LUA-02-047,PP,ECF,V-H April 8, 2003 Page 9 the length of the computed dead-end roadway serving the subject site was more than 1,000 feet. 21. Storm water detention will be handled on Proposed Tract A located in the northeast corner of the site. Due to the steep slopes located on the northeast corner of the proposed tract, a landscape easement will be created to protect the slopes. A portion of these steep slope areas also runs across the eastern edge of Proposed Lot 7 and that slope would also be protected by the same easement. Staff and the ERC require that a split rail fence or other delimiter mark the easement's western edge to protect the slopes. 22. With the exception of some larger trees in the easement areas and Tract A, most trees, including 85 larger trees, and vegetation would be removed from the subject site to accommodate building pads and the new roadway. 23. Grading will be necessary to create roadways and building pads on the sloping lot. The ERC imposed erosion control measures on the site. 24. The 11 homes would generate approximately 110 traffic trips per day over neighborhood roads. Staff did not indicate any problems with traffic. 25. The subject site will generate approximately 4 or 5 students. The students would attend schools in the Renton School District and would be placed on a space available basis. 26. The applicant will be required to comply with the 1998 King County Surface Water Design Manual. The initial storm drainage plans did not meet City requirements. At the hearing staff indicated that the revised submissions appear to meet the requirements of Code. 27. The subject site will be served by City sanitary sewer and water service. 28. The applicant indicated that without using a portion of the existing Lot 2 of Honey Creek Park that access to the main parcel would not be possible. Therefore, unless a roadway can be developed over the western 42 feet, the applicant would be denied development potential for the remaining acreage. This can be accomplished according to the applicant by creating a narrower Proposed Lot 10 that would meet the area requirement for the R-8 zone and meet all of the other setback requirements but would be narrower than the 60 feet required for a corner lot. A corner lot generally has two "front yard" setbacks in order to match the building setback lines of the homes adjacent to it along both streets. The applicant would be providing both of the required setbacks along Monroe Court and NE 17th Place. 29. The opening of Monroe Court over what was Lot 2 of the Honey Creek Plat also would convert Lot 1 of Honey Creek Park into a corner lot on the northwest comer of the intersection of NE 17th Place and Monroe Court NE. This lot would normally be required to provide a 15-foot setback from the new street. This lot was not designed nor intended to be a corner lot. The home on that lot is oriented toward the eastern side of its lot and would bear the impacts of a new street on its eastern margin. That move would only provide a side yard of 13.74 feet which does not meet code requirement of 15 feet. It will be subject to approximately 100 additional vehicle trips per day. The applicant and staff were concerned about maintenance of the eastern portion if it were not developed with a home. It could either serve as a formal entrance to the plat, which has been done in other situations or simply be incorporated into Proposed Lot 9. Elie Rain Preliminary Plat File No.: LUA-02-047,PP,ECF,V-H April 8, 2003 Page 10 Conclusions: Variance Variances may be granted when the property generally satisfies all the conditions described in part below: a. The applicant suffers undue hardship caused by special circumstances such as: the size, shape, topography, or location where code enforcement would deprive the owner of rights and privileges enjoyed by others similarly situated; b. The granting of the variance would not materially harm either the public welfare or other property in the vicinity; The approval will not constitute a special privilege inconsistent with the limitations on other property in the vicinity; and d. The variance is the minimum variance necessary to allow reasonable development of the subject site. The applicant's property is not ripe for the variance requested. 2. If the current home on the underlying Lot 2 of Honey Creek Park did not exist, there would be no hardship or special circumstance. If the lot were vacant it would merely be considered a 94-foot wide "pipestem" providing access to the main interior parcel. The access limitations of the parcel were evident when it was acquired and self-created hardship does not qualify one for a variance. While the existence of the home does not change that, it does make it more painful to rectify but does not provide variance justification. Economic hardship is not a factor in variance relief. In addition, the fact is that because the proposed roadway is snugged up against its western property, it cannot provide the also required curb return radius of 15 feet. Denying the variance does not deny the applicant reasonable use of the subject site. A ten lot plat also meets the zoning code density calculations by providing a density of 7.58 units per acre, allows the standard curb return on the west side of Monroe Court and does not unduly impact other properties and a 10-lot plat provides the applicant reasonable use of the subject site. 3. The granting of a variance would also have a substantial impact on the home west of the roadway. That home is situated 13.74 feet from the new roadway. It would have to be at least 15 feet from the roadway since it would be a new corner lot and requires a minimum 15-foot streetside setback. Creating the roadway where proposed and as proposed could potentially create another non -conforming lot and structure besides subjecting that home to the additional noise and traffic impacts. The home was designed as part of a coherent block front and not as a corner lot. It was never intended to be a corner lot. And again, there is no room for a required curb return. 4. The approval of the variance would create a special privilege. The lot has sufficient land to create a proper roadway width and curb return. It also has sufficient area and dimension to create ten lots that all meet the City's requirements for not only setback but also lot size and dimensions. The existence of a home does not change the underlying potential to create standard lots that all meet City requirements. There are no physical, topographical, or size or shape issues. If anything, the applicant has a large pipestem that would easily accommodate a standard road and standard curb returns on both its east and west edges. Approving the variance would telegraph to other property owners that corner lots do not have to meet the City standards for development. Elle Rain Preliminary Plat File No.: LUA-02-047,PP,ECF,V-H April 8, 2003 Page 11 5. Since no variance is justified, the proposal does not meet the minimum standards for variance relief. 6. While an eleven lot plat might provide a greater profit and provide an additional housing unit, it will also create a precedent, affect neighboring property and provide for a less than standard curb return besides allowing a lot with less than the standard width. The desire for infill development should not nullify the ordinary standards and lead to the creation of substandard lots. A number of good planning principles can be sacrificed in trying to eke out the too many lots. This has been done where front yards have been reduced to private easement roads with little or no real front yard or side yard setbacks. It is unnecessary in this case. The variance is unjustified. Preliminary Plat 7. In the main, a 10-lot plat appears to satisfy the public use and interest. The applicant has given mere lipservice to the notion that a Hillside Subdivision should have larger lots by creating three slope - affected lots that are 19 square feet, 43 square feet and 51 square feet larger than the 4,500 square feet required in the R-8 zone. Since the code does not specify how much larger such lots should be, this does meet the language of the code. The plat will provide additional housing choices and will provide infill development. 8. The plat meets the density and zoning policies and goals of the Comprehensive Plan by providing 7.58 dwelling units per acre. 9. Urban services are available to the site and with the granting of an easement over property to the west both fire and medical emergency services can more safely be provided to the new homes. 10. The development should not tax either the road system or the existing utility infrastructure. Development of the additional lots will also increase the tax base of the City. 11. The development of the subject site will create additional traffic and noise associated with residential development but these impacts should not create any undue impacts on the overall community. 12. Monroe Court NE shall be moved east to provide for a proper curb return and setback for the existing Lot 1 of the Honey Creek Park development. Such alignment shall be done with staff approval.. The applicant may consult with staff and determine the best use of the entrance property and whether a "gateway" entrance might best serve the purpose of the plat or whether land should be incorporated into Proposed Lot 9. 13. In conclusion, the proposed plat appears to provide a new and reasonable residential community and should be approved by the City Council. Decision and Recommendation: The Variance is denied. The City Council should approve the Preliminary Plat for ten lots subject to the following conditions: 1. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording Elie Rain Preliminary Plat File No.: LUA-02-047,PP,ECF,V-H April 8, 2003 Page 12 of the final plat. 2. New Lot 4 shall be required to utilize the 20 foot access/utility easement located on said Lot 3 for vehicular access to and from Monroe Ct. NE. This condition shall be noted on the face of the final plat. 3. The drainage easement located on Lot 7 shall be required to provide vehicular access to Lot 7 and Tract A, This condition shall be noted on the face of the final plat. 4. The applicant shall be required to install a split -rail fence or other approved barrier along the entire edge of the landscape easement (Recording #9108269012) located on Tract A and Lot 7 to denote the designated area prior to recording of the final plat. 5.. The applicant shall comply with the conditions imposed by the ERC. 6. Monroe Court NE shall be moved east to provide for a proper curb return and setback for the existing Lot 1 of the Honey Creek Park development. Such alignment shall be done with staff approval. The applicant may consult with staff and determine the best use of the entrance property and whether a "gateway" entrance might best serve the purpose of the plat or whether land should be incorporated into Proposed Lot 9. ORDERED MHI�ay of April, 2003 RED J. MANCY/j2Cf,� HEARING EXAMINER TRANSMITTED THIS-24-9t day of April, 2003 to the parties of record: Susan Fiala 1055 S Grady Way Renton, WA 98055 . Kayren Kittrick 1055 S Grady Way Renton, WA 98055 Patricia L. Wilson 1075 Bellevue Way NE, #1500 Bellevue, WA 98004 Jeffrey Rieker 3316 NE 17`h Place Renton, WA 98056 gj4,1`_4Wt,1' TRANSMITTED THIS -2fst day of April, 2003 to the following: Mayor Jesse Tanner Members, Renton Planning Commission Larry Rude, Fire Marshal Lawrence J. Warren, City Attorney Transportation Systems Division Utilities System Division King County Journal Tom Touma 6632 S 191' Place, Ste. E102 Kent, WA 98032 Gregg Zimmerman, Plan/Bldg/PW Admin. Neil Watts, Development Services Director Alex Pietsch, Econ. Dev. Administrator Larry Meckling, Building Official Jay Covington, Chief Administrative Officer Councilperson Kathy Keolker-Wheeler Elle Rain Preliminary Plat File No.: LUA-02-047,PP,ECF,V-H April 8, 2003 Page 13 Pursuant to Title IV, Chapter 8, Sectior1A00Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., Mayes, 2003. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., May .lA; 2003. 13"- If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine -applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. U1 l I s o17600" w E400' NO�'16'00 "l 50. o0 50. o0 o . 25' 2,5 + z 4 -n 1 1 r--------—i A m I J t. r IC Ci i5 19 t I 1 1 tiVA L-- - - - - -- L - - - - -- N 4 50.00 p 3Z23 C, JE soy •rNs'00"w • 80.00 - _ ---. - r_ I _K l -4ONR E C-N�--_ g e I� I i l 5Z92 — —� v �1 I _Y �� 18 �o ou L0-,F,Q-a --) sa-00 ____ n I CITY OF RENTON COUNCIL AGENDA BILL AI #: 1d .i UBMITTING DATA: I FOR AGENDA OF: September 8, 2003 Dept/Div/Board.... Human Resources & Risk Management Staff Contact ......... Michael Webby ( AGENDA STATUS: Consent ................. X SUBJECT: Public Hearing..... Renton Police Officers Guild — Commissioned Unit Contract for 2003 - 2005 Correspondence... Ordinance ............. Resolution............ Old Business......... EXHIBITS: Renton Police Officers Guild Contract New Business....... Study Session........ Other ..................... RECOMMENDED ACTION: APPROVALS: Council Concur Legal Dept............ X Finance Dept........ Other ..................... FISCAL IMPACT: Expenditure Required See Analysis Below Transfer/Amendment.... Amount Budgeted Revenue Generated....... SUMMARY OF ACTION. Administration requests City Council authorization to sign a three-year labor agreement (2003 — 2005) with Renton Police Officers Guild Commissioned Unit. The projected fiscal impact for each year is approximately $339,755, $375,160 and $383,534 for 2003 through 2005 respectively. Resources have been included in the 2003 preliminary operating budget to fund the first year of this proposed agreement. The primary changes in this multi -year agreement include: a 3% COLA each year; fully paid Medical in 2003 with the employee paying a premium for dependent coverage in 2004 and 2005. The Union agrees to "payday" changes from the 5`h and 20`h to the 10`h and 25`h to be implemented during the contract period. STAFF RECOMMENDATION: the Renton Police Officers Guild — Commissioned Unit contract for 2003 — 2005. AGREEMENT By and Between CITY OF RENTON and RENTON POLICE OFFICERS' GUILD REPRESENTING COMMISSIONED EMPLOYEES 2003 - 2005 TABLE OF CONTENTS PAGE Preamble...............................................................................................4 Article 1 Recognition and Bargaining Unit ............................................ 4 Article 2 Union Membership and Dues Deduction ................................ 4 Article 3 Employment Practices............................................................6 Article 4 Hours of Duty and Overtime ................................................... 7 Article5 Salaries...................................................................................12 Article 6 Allowances and Premiums.....................................................12 Article7 Sick Leave..............................................................................15 Article8 Holidays..................................................................................17 Article 9 Tuition Reimbursement..........................................................17 Article 10 Educational Incentive.............................................................18 Article 11 Personal Leave.......................................................................18 Article 12 Longevity................................................................................ 21 Article 13 Pensions.................................................................................21 Article 14 Insurances..............................................................................21 Article15 Bill of Rights............................................................................23 Article 16 Management Rights...............................................................27 Article 17 Grievance Procedure..............................................................27 Article 18 Performance of Duty...............................................................29 Article 19 Retention of Benefits.............................................................. 29 Article20 Pay Days................................................................................ 30 Article 21 Savings Clause.......................................................................30 Article 22 Entire Agreement....................................................................31 Article 23 Duration of Agreement........................................................... 32 2 Renton Police Officers' Guild, Police Commissioned 2003-2005 AppendixA Salaries................................................................................... 33 Appendix B Education/Longevity Schedule ............................................... 34 Appendix C General Order No. 52.1..........................................................35 Appendix D. Medical Release Form...........................................................44 3 PREAMBLE The rules contained herein constitute an Agreement between the City of Renton, hereinafter referred to as the Employer, and the Renton Police Officers' Guild, hereinafter referred to as the Guild, governing wages, hours, and working conditions for certain members of the Renton Police Department. It is intended this Agreement, achieved through the process of collective bargaining, will serve to maintain good relations between the Employer and the Guild, to promote efficient and courteous service to the public, and to protect the public interest. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section A. The Employer recognizes the Guild as the exclusive representative of all commissioned employees below the Civil Service rank of Commander for the purpose of bargaining with the Employer. A commissioned employee is defined as outlined in RCW 41.56.030(6). Section B. The Guild President, or any other members of the Guild appointed by the President, shall be recognized by the Employer as the official representatives of the Guild for the purpose of bargaining with the Employer. The Guild recognizes the Employer as the duly elected representative of the people of the City of Renton and agrees to negotiate only with the Employer through the negotiating agent or agents officially designated by the Mayor and City Council to act on its behalf. Section C. The number of representatives of the Guild and the Employer at any negotiating session shall be limited to five (5) members each, unless waived by mutual agreement of the parties. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section A. The Employer recognizes that members of the Renton Police Department may, at their discretion, become members of the Guild when such membership has been duly approved in accordance with the provisions of the Guild's Constitution and By -Laws. The Guild accepts its responsibility to fairly represent all employees in the bargaining unit regardless of membership status. Section B. Union Security 1. All employees covered by this Agreement who are or become members of the Guild on or after the effective date of this Agreement shall maintain their membership in good standing with the Guild. 2. All employees covered by this Agreement hired on or after its execution date shall, within sixty (60) days following the beginning of such employment, become and remain members in good standing in the Guild. Renton Police Officers' Guild, Police Commissioned 2003-2005 3. Any employee failing to comply with subsections B.1 or B.2 of this Article shall, as a condition of continued employment, pay each month a service charge equivalent to regular Guild dues to the Guild as a contribution towards the administration of this Agreement. 4. The right of non -association of members of the Renton Police Department based on bona fide religious tenets or teachings of a church or a religious body of which such public employee is a member shall be protected at all times, and such public employee shall pay such sum in such manner as is provided in RCW 41.56.122. 5. The Guild will notify the Employer in writing of the failure of any employee to comply with any of the applicable provisions of this section. The Employer agrees to advise the employee that his/her employment status is in jeopardy and that failure to meet the applicable requirement of this section will result in termination of his/her employment within ten (10) days. If compliance is not attained within the aforementioned ten (10) days, the Employer shall terminate said employee. 6. The Employer agrees not to subcontract work performed by Guild members to non -Guild personnel without the written agreement of the Guild. Section C. Union Officials' Time Off. 1. Official representatives of the bargaining unit shall be given time off with pay to attend meetings with City representatives or to attend Guild meetings, provided reasonable notification is given. Representatives assigned to graveyard shift may be released by 2300 hours with supervisor's approval when necessary to attend such meetings. 2. Official representatives of the bargaining unit shall be given time off with pay to attend Guild related conferences (not to exceed three working days for a single function). The allowable aggregate of such time off shall not exceed one hundred sixty (160) hours in one calendar year. Provided, that a copy of the agenda of the meeting is submitted to the Chief, at least 14 calendar days prior to the meeting and that the Guild waives the right to working out of classification pay should a replacement be needed to assume the duty of the Guild representative granted time off. 3. The Employer retains the right to restrict time off under subsections 1 and 2 if an emergency exists or when such time off would unreasonably impact department operations. Section D. Dues Deduction. Upon written authorization by an employee and approval by the Guild Executive Board, the Employer agrees to deduct from the wages of each employee the sum certified as initiation dues and assessments twice each month as Guild dues, and to forward the sum to the Guild Secretary or Treasurer. If any employee does not have a check coming to him/her or the check 0 Renton Police Officers' Guild, Police Commissioned 2003-2005 is not large enough to satisfy the assessments, no deductions shall be made from the employee for that calendar month. All requests to cancel dues deductions shall be in writing to the Employer and require notification to the Guild by the Employer. The Guild agrees to indemnify and hold harmless the Employer for any claims, with the exception of those caused by the Employer's negligence, arising out of the Employer's activities to enforce the provisions of this Article. ARTICLE 3 - EMPLOYMENT PRACTICES Section A. Personnel Reduction. If the Employer deems it necessary to reduce the number of employees in any job classification within the Police Department, layoffs shall be made in accordance with Police Civil Service Rules and Regulations. Section B. Vacancies and Promotions. Vacancies shall be filled and promotions made in accordance with the Police Civil Service Rules and Regulations, provided, that nothing in this Agreement shall be construed to require the Employer to fill any vacancy. Section C. Personnel Files. 1. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Police Department. This provision shall not restrict such information from becoming subject to due process by any court, administrative tribunal, or as required by law. Reasonable notice shall be given the employee should the Employer be required to release the personnel file. It is further agreed that information may be released to outside groups subject to the approval of both the Employer and the employee; provided, that nothing in this section shall prevent an employee from viewing his/her original personnel file in its entirety upon request. Nothing shall be added to or deleted from the file unless the employee is furnished a legible copy of the same. Such papers shall also be made available to the elected or appointed officers of the Guild at the request of the affected employee. 2. Inspection of Papers. The application and examination papers of an employee shall be available for inspection by the appointing authority, the Chief of Police, and affected employee. Employees shall be allowed to review a copy of any adverse documentation before it is placed in the file. The employer shall maintain a single personnel file and there shall be no secret files. Materials for the purpose of supervisor evaluations shall be expunged if not made part of the personnel file. Such papers shall also be made available to the employee upon request, and to the elected or appointed officers of the Guild at the request of the affected employee. Written warnings shall be expunged from personnel files (at employee's written request) after a maximum period of two years if there is no 6 Renton Police Officers' Guild, Police Commissioned 2003-2005 reoccurrence of misconduct for which the employee was disciplined during that period. Any record of serious discipline shall be expunged from the personnel files after a maximum period of five years if there is no reoccurrence of misconduct for which the employee is disciplined during that period. Nothing in this section shall be construed as requiring the Employer to destroy any employment records necessary to the Employer's case if it is engaged in litigation with the employee regarding that employee's employment at the time those records would otherwise be destroyed. The parties recognize that the Employer may retain internal investigation files although such files may not be used in discipline and discharge cases if they could not otherwise be retained in personnel files pursuant to this section. Section D. Rehires. In the event a certified employee leaves the service of the Employer due to reduction in force and within the next two years the Employer rehires said former employee into the same classification to which he/she was assigned at the date of reduction, such employee shall be placed at the same step in the salary range which he/she occupied at the time of the original reduction. Section E. Probation. Probation periods for employees newly hired into the bargaining unit shall not exceed 18 months. Probation period for lateral officers shall not exceed 12 months. During this period, employees may be discharged without resort to the Civil Service or grievance procedure for failure to pass probation. Employees who are promoted within the bargaining unit shall serve a promotional probation period, which shall not exceed one year. During that period, employees may be reverted to their former positions without resort to the Civil Service or the grievance procedure for failure to pass probation. Section F. Non -Discrimination. The Employer and the Guild agree that neither shall unlawfully discriminate against any person because of race, color, religion, sex, age, marital status, national origin, or physical, mental, or sensory handicaps unless based on a bona fide occupational qualification. The Employer agrees not to discriminate against employees because of union membership or lawful union activities. It is recognized that employees who feel they have been victims of discrimination shall be entitled to seek relief or redress through the grievance procedures contained in this Agreement or through the City of Renton Fair Practices Policy. ARTICLE 4 - HOURS OF DUTY Section A. Hours of Duty. The normal schedule for hours of duty for employees in the bargaining unit shall be five (5) consecutive days on followed by two (2) consecutive days off, with the exceptions provided in sections 1, 2, and 3 below. 1. Commissioned employees attached to the Patrol Operations Division shall work three (3) consecutive days on followed by three (3) consecutive days off (3-3 twelve (12) hour schedule). For Section 7(k) purposes under the Fair Labor Standards Act, the work period (FLSA, 29 U.S.C., 207)(k) shall be M Renton Police Officers' Guild, Police Commissioned 2003-2005 twenty-four (24) days beginning on January 2, 2003 and every twenty-four (24) days thereafter. a. Shift assignments shall be made by shift bidding by seniority in rank (i.e. a "fixed watch" system). The Employer shall have the right to override the results of shift bidding for legitimate operating concerns such as personality conflicts, balancing seniority, and teamwork considerations or other reasonable basis. The Department agrees to give the Guild the specific reasons for the override in writing upon the request of the Guild, and to allow a Guild representative to be present in meetings in which the assignments are discussed and these decisions are made. The division commanders will be available to speak to individual officers who have questions regarding shift assignment and bid overrides. b. Seniority is calculated from the employee's most recent hire date in the bargaining unit. For non -supervisory employees, seniority in rank is the same as seniority. For employees of supervisory rank, seniority in rank is calculated from the supervisor's date of promotion to current rank. Whenever two or more employees are hired/promoted on the same day, seniority and seniority in rank shall be determined by relative position on the hiring/promotional list. 2. Motorcycle Officers assigned to the Patrol Services Division, and Detectives assigned to the Investigations Division shall work four (4) consecutive ten (10) hour days followed by three (3) consecutive days off. 3. School Resource Officers (SRO) shall work nine (9) hours a day on four (4) days a week, and one additional eight (8) hour day every other week. Under this schedule, these employees get either a Monday or a Friday off every other week, in addition to their normal weekend off. a. If the number of employees assigned to this unit drops below three (3) then the Employer shall have the right to revert back to the normal schedule described in Section A, above. However in this case, the Employer shall restore the original benefit of individually assigned, take-home vehicles for those employees. 4. The above work schedules may be changed by mutual agreement between the Guild and the Chief of Police. 5. The rotation of personnel between shifts and squads shall be minimized within the limitations of providing an adequate and efficient work force at all times. When rotation is necessary, the Employer will notify the affected employees as soon as reasonably possible. Such notifications shall occur no later than fifteen (15) calendar days prior to the personnel rotation, except when such employees are probationary officers, or waive this provision in Renton Police Officers' Guild, Police Commissioned 2003-2005 writing, or when such rotations are needed due to a bona fide law enforcement emergency. Section B. Overtime. Except as otherwise provided in this Article and when required by the Fair Labor Standards Act, employees shall be paid at the rate of time and one-half for all hours worked in excess of their regular shift. 3/3 Twelve (12) Hour Patrol Schedule Overtime: Except as otherwise provided in this Article, employees shall be paid at the rate of time and one- half for all hours worked in excess of twelve (12) hours in any twenty-four (24) hour period inclusive of lunch period. 2. Employees required to work on any regular or approved day off shall be paid at the rate of time and one-half for the first day and double time for the second and subsequent consecutive days EXCEPT in the event of an emergency when overtime shall revert to the time and one-half rate. 3. Overtime, except for training, shall be voluntary, provided that if there are not enough volunteers to meet public safety requirements, overtime shall be mandatory. 4. Employees may not accumulate less than fifteen (15) minute increments of overtime. Section C. Overtime Minimums. In the event overtime is not in conjunction with the beginning or end of a regularly scheduled shift, the minimum payment shall be as set forth herein. The rate of pay for minimums shall be time and one-half. However when section 4.13. 2 applies, the employee may choose either the double time rate for all hours worked or the time and one-half rate for the applicable minimum. Court minimums shall not overlap. 1. Three (3) hours for any court or related hearing located in Renton. 2 Four (4) hours for any court or related hearing outside the City of Renton. 3 Four (4) hours for any required court attendance within nine (9) hours of the end of a graveyard shift within the City of Renton and five (5) hours outside the City of Renton. 4 Two (2) hours for any other unspecified overtime including in -person meetings with the prosecutor's office or defense counsel. 5. Where an employee is required to appear one or more times in court on any given day, and all the employee's court responsibilities for that day have not been completed within five hours after the employee's first court appearance on that day, the court minimum will be eight (8) hours. 0 Renton Police Officers' Guild, Police Commissioned 2003-2005 Section D. Compensatory Time. The Employer shall pay all authorized overtime requests on a cash basis, provided that employees shall be allowed to elect compensatory time in lieu of overtime cash payment up to a maximum accrual of forty (40) hours. Nothing in this section shall be construed as to prohibit the employee option of requesting compensatory time off in lieu of paid overtime; provided that the accumulation of such time is approved by the Administration Officer or Officer officially acting in that capacity. Section E. Early Release. 1. Employees working the 3/3 twelve (12) hour schedule who are required to appear in both morning and afternoon court between two graveyard shifts shall be relieved from duty at 2300 hours on the night prior to court without loss of time or court overtime minimums. 2. Employees working the 3/3 twelve (12) hour schedule who appear in court five (5) hours or more between two graveyard shifts may be relieved from duty until 2300 hours on the night after appearance, without loss of time or court overtime minimums if they were not relieved of duty under "E,1" above. Section F. Standby. The Employer and the Guild agree that the use of standby time shall be minimized. Standby assignments shall be for a fixed, predetermined period of time. Employees placed on standby status by a member of the Police Department Command Staff, shall be compensated on the basis of one (1) hour straight time pay for each two (2) hours of standby or fraction thereof. If the employee is actually called to work, standby pay shall cease at that moment and normal overtime rules shall apply. Section G. Compensation for Training. 1. The Employer shall have a reasonable obligation to attempt to schedule training during the employee's regular shift. 2. Training On a Scheduled Work Day, Not Requiring Overnight Accommodations: The employees agree to waive any overtime resulting from attendance at any training school or session of less than six (6) hours on a scheduled work day, and to adjust work schedules on an hour for hour basis. The employees agree to waive any overtime resulting from attendance of any training day scheduled for six (6) hours or more on a scheduled work day provided that the affected employee is relieved of all police duties as follows: (a) If the scheduled training day exceeds six (6) hours, the hours of training shall constitute an entire workday, regardless of the employee's hours of duty. 10 Renton Police Officers' Guild, Police Commissioned 2003-2005 (d) Employees assigned to graveyard patrol (3A or 313) shall be relieved of duty the shift preceding the day of training, if the scheduled training exceeds six (6) hours. 3. Training on employee's scheduled day off: Employees and Employer agree that training on an employee's scheduled day off shall include an adjusted work schedule. That the adjusted work schedule shall require agreement by employee and Employer, and that this agreement shall occur at least 30 days prior to the training day if the training is required by the Employer. This agreement may occur anytime prior to the training if the Employer does not require the training. (a) If the training includes less than six (6) hours of work, then the work schedule adjustment will be on an hour for hour basis. If the training includes six (6) or more hours of work, then the schedule adjustment will be on a day for day basis. (b) Employees assigned to graveyard patrol (3A or 313) shall be relieved of duty the shift preceding the day of training, if the scheduled training exceeds six (6) hours. (c) If the Employer and employee do not agree on a schedule adjustment, then the Employer shall either deny the training or compensate the employee at the overtime rate. (d) Employees assigned to the Special Response Team (SRT), Crisis Communications Unit (CCU), and Civil Disturbance Unit (CDU) agree to shift adjust with at least thirty (30) days notice for all department training associated with the three assignments. If staffing does not allow for a shift adjust, then the Employer shall either deny the training, or compensate the employee at the overtime rate. 4. Training Requiring Overnight Accommodations. Employees who attend training that requires overnight accommodations shall adjust their work schedule at the straight time rate for all travel and lodging time associated with the training with a maximum of eight (8), ten (10), or twelve (12) hours per day, depending on the employee's work schedule. provided they are traveling during a regularly scheduled work day, or if on a day off, the training was specifically required by the Employer. For employees on a day off where training was voluntary, no compensation will be paid for travel and lodging time. Section H. When the Police Department Administration and the Guild agree to a regularly scheduled shift, the payment of overtime compensation will commence with the hours worked by those affected employees in excess of that mutually agreed upon shift or schedule. 11 Renton Police Officers' Guild, Police Commissioned 2003-2005 Section I. In recognition of FLSA guidelines, overtime shall be computed on the base pay of the employee and shall include any allowances or premiums as described in Article 6 of this agreement in calculation of the overtime rate. Section J. In -Service Training. Employees shall be compensated at the straight time rate for up to 30 hours of in-service training regardless of whether training occurs on the employee's scheduled day off. This training is for all commissioned personnel and is developed and administered through the Administrative Services Division. Topics may include firearms, defensive tactics, blood borne and airborne pathogens, legal update or any other topic developed by the department that is administered in a monthly two-hour block of instruction. Section K. K-9 Teams. K-9 officers are on the air driving to and from work and are available for emergency calls. Driving time to and from work is included in their hours of work (15 minutes each way). 2. Handlers will be paid two (2) hours of overtime per pay period to compensate for bathing, grooming, feeding, cleaning of the dog's kennel, K- 9 car, and similar activities performed by the K-9 officers. The two (2) hours of overtime per pay period is compensation for 6-8 hours of work each month. 3. K-9 officers will attend briefings at the beginning of their shift. ARTICLE 5 - SALARIES Section A. The Employer agrees to maintain salaries in accordance with the attached Appendix A. Section B. This Agreement shall be opened for the purpose of negotiating wages, hours, and working conditions for any new classifications of employees not covered within this Agreement. Such salaries shall become effective upon the date the new position is filled. Nothing in this section shall preclude the Employer from establishing such new positions or classifications. There is no guarantee of future corporal assignments. The right to decide whether or not to appoint corporals rests solely with the Chief of Police. ARTICLE 6 - ALLOWANCES AND PREMIUMS Section A. Clothing Allowance. Non -uniformed commissioned employees shall receive $450.00 per year as clothing allowance. 12 Renton Police Officers' Guild, Police Commissioned 2003-2005 2. The purpose of such allowance is to buy, maintain and repair any equipment or clothing required by the Employer which is not furnished by the Employer. The allowance shall be paid in January of each year by separate check, and is subject to pro-rata deduction from the final paycheck in the event the employee does not serve the entire twelve (12) months for which such payment was made, with the exception of an employee who retires, or dies, in which event no deduction shall be made. Any employee transferred to or from a non -uniformed assignment after January 1st of any calendar year shall receive a pro -rated clothing allowance for the remainder of said calendar year. 3. It is agreed that all equipment and clothing issued by the City of Renton shall remain the property of the Employer and same shall be returned to the Employer upon termination or retirement. It is further agreed that nothing in this Article shall preclude the Employer from taking any authorized action to maintain the standards of appearance of the Renton Police Department. 4. Non -uniformed commissioned employees, who are required to wear uniforms for City business, may be provided cleaning services at the sole discretion of the Employer. Section B. Quartermaster System. A quartermaster system shall be in effect for employees required to wear police uniforms. The Employer will issue a list of required clothing and equipment and a description of the mechanics of the quartermaster system. Required uniforms and equipment shall be provided to each employee as follows: 1. Required uniforms and equipment shall be provided without cost to the employee as set forth in Police Department Policy as approved and/or amended by the Chief of Police. 2. Optional uniforms and equipment may be purchased by the employees at their own expense. 3. Required and optional uniforms and equipment shall be replaced without cost to the employee when they become unserviceable. Section C. Uniform Cleaning. The Employer will provide those employees assigned to wear police uniforms (as opposed to plainclothes) with contract cleaning services at the rate of two pants and two shirts per designated work period (e.g. seven day or twelve day), up to a maximum cost per eligible employee of $240 in 2003, 2004 and 2005. NOTE: This is based upon agreement that the cost for uniform cleaning shall not exceed $14,000 per calendar year divided by the current number of 56 employees assigned to wear police uniforms (as opposed to plainclothes). 13 Renton Police Officers' Guild, Police Commissioned 2003-2005 The Employer will make every effort to contract with a commercial cleaning establishment for the entire term of this Agreement. However, if no commercial cleaning establishment is willing to bid for a cleaning contract at a rate that is competitive with those establishments willing to bid on an annual basis, the Employer may enter an annual contract for cleaning services. Section D. Hazardous Duty Pay. Hazardous duty pay in addition to regular pay shall be granted to certain employees in accordance with the following schedule: 1. Bomb Squad - Any Police Officer performing duties relative to handling, disarming, transporting, disposing of, or having any suspected explosive devices under his/her direct control or supervision shall be paid at the rate of double time including time of search with two and one-half hour minimum. For the purpose of this section, an explosive device is any tangible object that, due to its nature, requires summoning professional ordnance personnel to inspect and/or dispose of. 2. Special Response Team - Members of the SRT shall be paid at the rate of time and one half with three (3) hours minimum when called to an emergency situation requiring their expertise. 3. Crisis Communication Unit — Members assigned to the Crisis Communication Unit will be paid at the rate of double-time with three (3) hours minimum when called to an emergency situation to assist the Special Response Team (SRT). 4. Civil Disturbance Unit — Members of the CDU shall be paid at the rate of double-time with three (3) hours minimum when called to an emergency situation requiring their expertise. Section E. Premium Pay. Premium pay in addition to regular pay shall be granted to certain employees in accordance with the following schedule: 1. Detective 3.0% per month 2. Traffic Assignment 3.0% per month 3. Canine Officer 3.0% per month 4. Corporal Assignment 7.5% per month 5. Training Officer 3.0% per month 6. Bicycle Officer 3.0% per month 7. SRT Assignment 4.0% per month 8. SRO Assignment 3.0% per month 9. Field Training Officer 3.0% per month 10. Employees assigned to a 3/3 twelve (12) hours shift shall receive a schedule adjustment pay of 5.24% of base wage per month. This schedule adjustment pay reflects the addition of 109 hours worked per employee (2,189 total hours per year). 14 Renton Police Officers' Guild, Police Commissioned 2003-2005 11. Physical Fitness — Due to calls for service limitations, employees are not allowed to exercise on duty. In recognition of an employee's personal time expended to maintain a level of fitness, the following program shall apply: a. Employees who pass the entry-level physical fitness test shall receive the fitness incentive premium for a period of one year following the successful test. The test is voluntary and will be offered at least three (3) times each year. b. The testing dates/times shall be posted as soon as the City knows when a new -hire test will be given. Employees who comply with the above shall be compensated with 3.0% of base pay in the form of deferred compensation. 12. The City agrees to pursue the feasibility of implementing a Master Police Officer Program. The City and the Guild will discuss the program in their Labor/Management forum. The City and the Guild agree that any implementation of a MPO Program must be mutually agreed upon. Section F. New Positions. This Agreement shall be opened for the purpose of negotiating premium or hazardous duty pay for any new position, which is not covered with this Agreement. Such pay to be effective upon the agreement of both parties. Nothing in this Section shall preclude the Employer from establishing such new positions. Section G. Working Out of Classification. Any employee assigned the duties normally performed by a higher paying classification shall be compensated as follows, providing the higher classified person was regularly assigned during that period. Such employee shall be paid the equivalent of 1/4 hour overtime for each two (2) hours or fraction thereof worked. Such payment shall be at the time and one-half rate. ARTICLE 7 -SICK LEAVE Section A. Sick Leave. 1. Employees covered by LEOFF prior to October 1, 1977, may accrue up to fifteen (15) days of sick leave at the rate of one (1) day per month. For employees assigned to patrol working the 3/3 twelve (12) hour schedule, one (1) day is defined as eight (8) hours. No cash payment shall be made unless and until sick leave benefits are eliminated within the LEOFF System, at which time sick leave accrual shall resume in accordance with the provisions set forth in Section Two (2) herein. 15 Renton Police Officers' Guild, Police Commissioned 2003-2005 2. Commissioned officers hired after October 1, 1977 shall accrue sick leave at the rate of one (1) day per month with a maximum accumulation of one hundred thirty two (132) days (1056 hours). For employees assigned to patrol working the 3/3 twelve (12) hour schedule, one (1) day is defined as eight (8) hours. Sick leave benefits under this paragraph shall begin upon employment with the award of three (3) days (24 hours) of sick leave. Upon completion of the third month of employment an addition of three days (24 hours) shall be awarded. At the completion of six (6) full months of employment, the employee shall accrue sick leave at the rate of one (1) day (8 hours) per month. 3. The Employer will cash out at the rate of 50% all annual sick leave accrued (but not used) over 520 hours, by December 31 of each year for employees submitting a written request. These amounts, by employee request, may either be placed into deferred compensation accounts selected by the Employee and Employer by the close of the first pay period following December 31 of each year, or if approved by the I.R.S. employees may shift dollars from annual sick -leave cash out to pay pre-tax medical premiums. 4. Cash payment for sick leave accrued in accordance with subsection 2 will not be made upon an employee's death, retirement, or voluntary separation. 5. Employees shall be entitled to utilize sick leave for family medical emergencies or for illness in the immediate family. For the purposes of this section "immediate family" shall include only the employee's children, parents, or family members residing with the employee. Family emergencies shall include the need for an employee to be with his/her spouse and/or family at the time that the employee's spouse is giving birth to a child. Section B. Funeral Leave. Full time employees whose immediate family suffers a death shall receive up to three (3) days off with pay to attend to necessary arrangements. A day off is defined as the number of hours scheduled to be worked by the employee (8 hours, 10 hours, 12 hours). Immediate family shall consist of spouse, son, daughter, mother, father, brother, sister, mother-in-law, father-in-law, grandmother, grandfather, and/or grandchildren. Paid time off for funeral leave shall not be considered sick leave. Section C. LEOFF II Supplemental Disability Income Protection. If a LEOFF II employee is injured on the job and it is necessary for that employee to exhaust his/her accrued. sick leave to supplement his/her Workers' Compensation entitlements, the Employer shall then, at the employee's written request, begin compensating the employee for the difference between his/her Workers' Compensation entitlement and his/her regular salary for a period not to exceed six (6) months from the date of the injury or until the termination of the disability, whichever comes first. To accomplish this, the Employer shall pay the employee his/her regular salary for said period and the employee shall receipt to the Employer all time loss payments received from Workers' Compensation. 16 Renton Police Officers' Guild, Police Commissioned 2003-2005 Section D. Employees assigned to patrol working the 3/3 twelve (12) hour schedule shall accrue sick leave at the rate of eight (8) hours per month consistent with Section A above. For each day off taken as sick leave, the employee will use twelve (12) hours of sick leave. ARTICLE 8 - HOLIDAYS Section A. The following days shall be observed as legal holidays: 1. January 1 (New Year's Day) 2. Last Monday in May (Memorial Day) 3. July 4 (Independence Day) 4. First Monday in September (Labor Day) 5. November 11 (Veteran's Day) 6. Fourth Thursday in November (Thanksgiving) 7. The Friday following the fourth Thursday in November (Day after Thanksgiving) 8. December 25 (Christmas) 9. The day before Christmas shall be a holiday for City employees when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday for City employees when Christmas day occurs on a Monday, Wednesday or Thursday. When Christmas Day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas Day occurs on a Sunday, the two working days following shall be observed as holidays. 10 Any other day proclaimed by executive order and granted to other City employees. Section B. Any employee who works the following listed holidays shall be paid double his/her rate of pay for hours worked (midnight to midnight). 1. Thanksgiving Day 2. Christmas Day ARTICLE 9 - TUITION REIMBURSEMENT The Employer shall reimburse an employee for the actual cost of tuition and required fees paid by an employee to an accredited college or university, provided that those expenses are incurred: (1) in a course leading to a law enforcement related Associate's/Bachelor's/Master's degree or other job related course work; (2) that the employee has received a grade of "C" or better or "pass" in a pass/fail grading system; (3) that such reimbursement for tuition shall not exceed the prevailing rate for undergraduate tuition established by the University of Washington. 17 Renton Police Officers' Guild, Police Commissioned 2003-2005 ARTICLE 10 - EDUCATIONAL INCENTIVE Employees shall be eligible for Associate Degree or Bachelor's Degree minimum pay allowances, as provided in Appendix B of this Agreement, when such employee has obtained an undergraduate degree from an accredited educational institution. For this section completion of 90 quarter or 60 semester credits of college level work is equivalent to eligibility of Associate Degree pay provided such credits are for academic study, and not based upon "life experience". ARTICLE 11 — PERSONAL LEAVE Section A. Accrual of Personal Leave. Employees shall accrue paid personal leave time in accordance with the following schedule whenever they are on paid employment status: Length of Service 0 through 5 years 6 through 10 years 11 through 15 years 16 through 20 years 21 and subsequent years Hours/Month Accrual 16 20 22 24 26 Maximum accumulation of personal leave time shall not exceed 528 hours, except when the employee is unable to use personal leave time as a result of illness, disability, or operational considerations beyond the employee's control. In such event, an employee shall not be penalized for excess accumulation, and the Employer has the option of either allowing excess accumulation or paying the employee for the excess accumulation. Buyback of personal leave accumulation will be allowed during the term of this Agreement, subject to the approval of the Employer (based upon availability of funds) to a maximum of forty-eight (48) hours per year. Section B. Personal Leave Time shall be subject to the following rules: 1. Temporary or intermittent employees who leave the employment of the Employer and are later reemployed shall, for the purpose of this article, have an adjusted date of actual service effective with the date of reemployment. 2. For the purpose of this Article, "actual service" shall be determined in the same manner as for salary purposes. 3. Employees, who are laid off, retired, dismissed, or who resign shall be paid for all accrued but unused personal leave time. 4. On the death of an employee in active service, pay will be allowed for any personal leave earned and not taken prior to the death of such employee. 1H Renton Police Officers' Guild, Police Commissioned 2003-2005 5. An employee granted an extended leave of absence, which includes the next succeeding calendar year, shall be given proportionate personal leave earned in the current year before being separated from the payroll. 6. An employee returning from military leave of absence, as defined by law, shall be given a personal leave allowance for the previous calendar year as if he/she had been employed. 7. In the event that an employee becomes ill or injured while he/she is on personal leave, and it can be established by the employee that the employee is incapacitated due to the illness or injury, the day or days that he/she is sick under these circumstances shall be carried as sick rather than personal leave, and he/she will for all purposes be treated as though he/she were off solely for the reason of his/her illness or injury. The employee shall submit medical documentation of the illness or injury from the attending physician. Section C. Scheduling and Using Personal Leave Time. The following rules shall govern the scheduling and usage of personal leave time. The minimum personal leave allowance to be taken by an employee shall be one (1) hour. 2. An employee shall not be granted less than ten (10) consecutive leave days unless requested by said employee or in the event of an extreme emergency condition. Employees in patrol working the 3/3 twelve (12) hour schedule shall not be granted less than six (6) consecutive leave days unless requested by said employee or in the event of an extreme emergency condition. 3. Employee shall have the option to designate leave requests as "vacation bids" when the request is for a period of time exceeding seven consecutive calendar days in length (including both requested days off and regularly scheduled days off) and is submitted more than thirty-one (31) days in advance of the requested time off. 4. The employee's request for time off shall be approved or denied within eight (8) days of submitting the request on the proper form. All requests for time off occurring between March 1 and December 31 of any given year and submitted prior to January 14 of that year shall be considered for all purposes (including 5.a below) to have been submitted on January 14 of that year. 5. In the event that multiple employees request the same day(s) off, and the Employer is not able to accommodate all of the requests due to minimum staffing limitations, then the Employer will use the following criteria, in order, to determine who is granted the leave time: 19 Renton Police Officers' Guild, Police Commissioned 2003-2005 a. Requests submitted on an earlier date shall have precedence over those submitted later. b. If the requests are submitted on the same effective date, then vacation bids shall have precedence over requests that are not vacation bids; c. When the requests are otherwise equal, then the request from the employee with more seniority shall have precedence. 6. The Employer and the Guild acknowledge that the Employer has a legitimate interest in maintaining proper staffing levels for public safety purposes, and that employees have a legitimate interest in taking their time off at times convenient to them. The Employer shall have the right to set different short- term minimum staffing levels in all work units for special events. Special events are city festivals and unusual occurrences where additional law enforcement staffing for maintaining order is required. The Employer will notify the employees by January 1 each year of changes to the long-term minimum staffing levels. Section D. Cancellation of Scheduled Leave. The Employer will make reasonable effort to avoid cancellation of approved employee leave time, and to notify employees as soon as possible after the decision to cancel. In the event that the Employer cancels the approved leave time of an employee, the following rules shall apply. 1. If the employee's request was submitted more than thirty-one (31) days in advance of the scheduled leave, and approved, the Employer may cancel that time off without penalty if at least thirty (30) days notice is given prior to the scheduled leave. 2. If the employee's request was submitted less than thirty (30) days in advance, but more than nine (9) days, and approved, the Employer may cancel the time off without penalty if at least eight (8) days notice is given. 3. If the request is submitted with eight (8) days notice or less, and approved, the Employer may cancel the time off at any time without penalty. 4. The Employer agrees not to cancel an approved vacation bid except in the event of an extreme emergency condition. 5. For purposes of this section, "penalty" shall refer to the overtime pay provisions of Article 4. Section E. The number of leave hours used for each day off shall be calculated based upon the number of hours in the employee's work day. Employees assigned to a twelve (12) hour schedule shall use twelve (12) hours of personal leave for each day off. Employees assigned to a ten (10) hour schedule shall use ten (10) hours of personal leave for each day off. 20 Renton Police Officers' Guild, Police Commissioned 2003-2005 ARTICLE 12 - LONGEVITY Section A. Employees shall receive premium pay for longevity in accordance with Appendix B of this Agreement. Section B. Longevity allowances shall be payable on the first payday following the anniversary of the employee. ARTICLE 13 - PENSIONS Pensions for employees and contributions to pension funds will be governed by applicable Washington State Statutes. ARTICLE 14 - INSURANCES Section A. Health Insurance. Employees in the bargaining unit, and their dependents, shall receive medical, vision and dental coverage as specified in either the City's self -insured plan, as revised by the City's Health Benefit Task Force and approved by the City Council in September, 1990, as modified in 2003, or the Group Health Cooperative Plan. The City reserves the right to open the contract to bargain health insurance for 2005. The Employer and the Guild will have 30 days to negotiate a new agreement. If no agreement is reached the parties agree to an expedited mediation process. If the Employer elects to open this Article, the Guild may open the contract to bargain holiday pay and/or uniform cleaning. Section B. City Contribution. In 2003 the Employer shall pay the monthly premium for the City's self -insured medical plan and Group Health Cooperative Plan, for eligible employees and their dependents. For specific coverages, deductibles, co -pays, etc. employees and their dependents shall consult the applicable health insurance plan booklet(s). In 2004 employees in the bargaining unit shall receive the health care plan as approved in 2003. The monthly premium cost shall be shared by the City and members of the bargaining unit who elect dependent coverage. The employee shall pay monthly pre -taxed premiums, beginning January 1, 2004, depending upon the dependent coverage outlined below. One dependent $20.00 Two dependents $35.00 Three or more dependents $50.00 Section C. The Guild agrees to continue voluntary participation in the Health Benefits Task Force. The Guild will be a non -voting member of the task force and 21 Renton Police Officers' Guild, Police Commissioned 2003-2005 will not be required to accept any changes approved by the Health Benefits Task Force, rather such changes shall be considered in good faith by the Guild. Section D. LEOFF I Employees. The Employer shall provide medical coverage of LEOFF I employees as required by law. Section E. Life Insurance. The Employer shall pay total premiums for all life insurance coverage offered by the Employer. Life insurance coverage shall be as follows: 1. Each employee shall receive a group term life insurance policy in the amount of his/her total annual salary including double indemnity. 2. Each employee's spouse shall receive a $1,000 group term life insurance policy. 3. Each employee's dependent shall receive a $1,000 group term life insurance policy. Section F. LEOFF II Disability. The Employer shall provide a payroll deduction for each LEOFF II employee who authorizes the Employer to deduct monies from the employee's paycheck to help defray the cost of a Guild designated on -duty disability insurance policy. Section G. False Arrest and Criminal Defense Coverage shall be provided by the Employer for all employees. The Employer shall indemnify and defend any employee against any claim or suit, where such claim or suit arises because such employee performs his/her duty as an employee of the Renton Police Department. The Employer shall pay on behalf of any employee any sums which the employee shall be legally obligated to pay as a result of that employee's reasonable or lawful activities and exercise of authority within the scope of his/her duties and responsibilities as an employee of the Renton Police Department. Indemnity and defense shall not be provided by the Employer for any dishonest, fraudulent, criminal or malicious act or for any suit brought against the employee by or on behalf of the Employer. Section H. Department contracted off -duty employment. All department contracted off -duty law -enforcement employment as a Renton Police Officer shall be authorized by the Chief of Police or designee prior to such employment. In order to ensure that officers who engage in off -duty employment as Renton Police Officers, have adequate liability coverage, the City will pay officers' so employed at the rate of time and one quarter for top step patrol officers for such employment. The overtime provisions of this Agreement shall not apply to such employment. Time in excess of one hour shall be paid in pro rata 15-minute segments. The parties agree to make such changes in the wording of this provision as may be required to comply with the FLSA. Any officer working as a Renton Police Officer without the permission of the Department and paid directly by an employer other 22 Renton Police Officers' Guild, Police Commissioned 2003-2005 than the City of Renton shall not have Employer paid liability coverage and shall not be authorized to wear the Renton Police Department uniform. Section I. If for reasons beyond the control of the Employer or Guild a benefit of any one of the provisions agreed to in this Article is abolished, changed, or modified as to reduce the benefit, the Employer agrees to replace it with a like benefit prior to the effective date of the change. In the event a like benefit cannot be obtained by the Employer, the parties will bargain regarding replacement of the benefit and related matters. Section J. A LEOFF II employee who suffers a duty related injury and who is declared to be "fixed and stable, with a disability preventing return to duty" by the State shall be provided by the Employer with medical and dental insurance under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of twelve (12) months following the date the condition is declared fixed and stable. COBRA coverage shall be for the employee only. ARTICLE 15 - BILL OF RIGHTS Section A. The Employer retains the right to adopt rules for the operation of the Renton Police Department and the conduct of its employees provided that such rules do not conflict with the City Ordinances, City and State Civil Service Rules and Regulations as they exist, or any provision of this Agreement. It is agreed that the Employer has the right to discipline, suspend, or discharge any employee for just cause subject to the provisions of the City Ordinances, City and State Civil Service Rules and Regulations as they exist, and terms of this Agreement. Section B. Bill of Rights. 1. In an effort to ensure that investigations, as designated by the Chief of Police of the Renton Police Department, are conducted in a manner which is conducive to good order and discipline, the Renton Police Officers' Guild shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights". 2. Non -probationary employees who become the subject of an internal investigation shall be advised in writing at least 24 hours prior to the interview that he/she is suspected of: a. Committing a criminal offense; b. Misconduct that would be grounds for termination, suspension, or other disciplinary action; or C. That he/she may not be qualified for continued employment with the Department. 23 Renton Police Officers' Guild, Police Commissioned 2003-2005 3. Any employee who becomes the subject of an investigation may have legal counsel or a Guild representative present during all interviews. An investigation as used elsewhere in this Article shall be interpreted as any action, which could result in a dismissal from the Department or the filing of a criminal charge. In any investigation that may lead to discipline, the employee is entitled to have Guild representation to the extent permitted by law. 4. The employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. General Order 52.1.1 will govern the assignment of investigations (see Appendix C). 5. The employee shall be informed in writing as to whether he/she is a witness or suspect. If the employee is a suspect, he/she shall be appraised in writing of the allegations of such complaint 24 hours before any interview commences. General Order 52.1.6 shall govern the notification process (see Appendix C). 6. The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty. Whenever possible, interviews shall be scheduled during the normal workday of the Employer. 7. The employee or Employer may request that a formal investigation interview be recorded, either mechanically or by a stenographer. There can be no "off the record" questions. Upon request, the employee under formal investigation shall be provided an exact copy of any written statement he/she has signed. The employee shall be furnished a copy of the completed investigation 72 hours prior to any disciplinary hearings. 8. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all investigation interviews that may result in discipline, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing or Guild representative before being interviewed. The employee shall be entitled to such intermissions, as he/she shall request for personal necessities, meals, telephone calls and rest periods. 9. All interviewing shall be limited in scope to activities, circumstances, or events which pertain to the employee's conduct or acts which may form the basis for disciplinary action under one (1) or more of the categories contained in Item 2 herein. 10. The employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions. 24 Renton Police Officers' Guild, Police Commissioned 2003-2005 11. Upon the completion of the investigation and upon request, a copy of the entire file shall be provided to the employee. 12. To balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee's fitness for duty and the interest of the employee in having those examinations being conducted, psychological evaluations will be obtained in the least intrusive manner as possible. To protect the employee's right to privacy the medical release form agreed upon by the Employer and the Guild shall be signed by the employee prior to the evaluation (see Appendix D). 13. No employee shall be required to unwillingly submit to a polygraph test or to unwillingly answer questions for which the employee might otherwise properly invoke the protections of any constitutional amendment against self- incrimination. Nor shall any member be dismissed for or shall any other penalty be imposed upon any employee for his/her failure to submit to a polygraph test. 14. Should any section, sub -section, paragraph, sentence, clause, or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article. 15. Any employee involved in the use of lethal force shall not be formally interviewed immediately following the incident. The policy and procedure outlined in the Unusual Occurrences Manual (Department Response to Line of Duty Death or Other Critical Incidents) will govern the response to issues regarding use of lethal force. 16. Investigations of members by the Employer shall be completed in a timely manner with a goal of completion within 30 days. Section C. Drug And Alcohol Testing. 1. The Employer considers its employees its most valuable asset. The Employer and the Guild share concern for the safety, health and well being of police department members. This community and all City employees have the absolute right to expect persons employed by the Employer will be free from the effects of drugs and alcohol. 2. Before an employee may be tested for drugs, the Employer shall have individualized reasonable suspicion based on objective facts and reasonable inferences drawn there from, that a particular employee has engaged or is engaged in the use of illegal drugs and/or abuse of legal drugs (including alcohol). 3. Drug and alcohol* tests shall be performed by a NIDA certified laboratory or hospital or clinic certified by the State of Washington to perform such tests. 25 Renton Police Officers' Guild, Police Commissioned 2003-2005 (* Initial alcohol testing may be performed by a Certified Breath Alcohol Technician or any other person approved to operate an Evidential Breath Testing device.) a. Drug Testing i. An initial drug screen shall be performed using the Immunoassay (IA) method. ii. Any positive results on the initial drug -screening list shall be confirmed through use of Gas Chromatography/Mass Spectrometry. iii. The drug panel and cut off standards shall be as defined by 49 CFR Part 40 which sets forth the procedures for drug testing in the Federal Highway Administration (FHWA). iv. Confirmed positive drug test results shall be sent to a licensed physician who, as Medical Review Officer (MRO), will review the affected employee's medical history and other relevant factors to determine if the positive test result should be excused. The MRO will notify the department of the results of his or her review. Negative test results shall be sent to the Employer's drug and alcohol testing administrator who will notify the designated department representative and employee of the test results. b. Alcohol Testing Alcohol test results shall be released to the employee and department upon conclusion of the test. For the purpose of determining whether the employee is under the influence of alcohol, test results of .02 or more based upon the results of an Evidential Breath Testing device shall be considered positive. C. Confirmation of Test Results i. Employees notified of a positive alcohol test result may request the opportunity to have a blood sample drawn for analysis at either a hospital or certified testing lab as chosen by the Employer. ii. Employees notified of a positive drug test may request that the Medical Review Officer send a portion of their first sample to the hospital or NIDA certified laboratory of the employee's choice for testing by gas chromatography/mass spectrometry. iii. The cost of employee requested tests are the responsibility of the employee. If the test results are negative, the Employer will reimburse the employee for the cost of the test. 26 Renton Police Officers' Guild, Police Commissioned 2003-2005 ARTICLE 16 - MANAGEMENT RIGHTS Section A. The Guild recognizes the prerogative of the Employer and the Chief of Police to operate and manage Police Department affairs in all respects, in accordance with its responsibilities and the powers of authority which the Employer has not officially abridged, delegated, or modified by this Agreement. Section B. Subject to the provisions of this Agreement, the Employer reserves the right: 1. to recruit, assign, transfer, and promote members to the positions within the Department; 2. to suspend, demote, discharge, or take other disciplinary action against members for just cause; 3. to relieve members from duties because of lack of work, lack of funds, the occurrence of conditions outside Department control; or when the continuation of work would be wasteful and unproductive; 4. to determine methods, means, and personnel necessary for departmental operations; 5. to control the department budget; 6. to take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department; 7. to determine classification, status, and tenure of employees; 8. to perform all other functions not limited by this Agreement. ARTICLE 17 - GRIEVANCE PROCEDURE The Employer recognizes the importance and benefit of settling grievances promptly and fairly in the interest of better employee relations and morale. To this end, the following procedure is outlined. Every effort will be made to settle grievances at the lowest level of supervision. Employees will be unimpeded and free from unreasonable restraint or interference and free from coercion, discrimination, or reprisal in lawfully seeking adjudication of their grievance. Section A. Definitions. 1. Grievance: Any issue relating to interpretation, application, or enforcement of any provision contained in this Agreement. 27 Renton Police Officers' Guild, Police Commissioned 2003-2005 2. Issue: Any dispute, complaint, problem, or question arising with respect to working conditions or employer -employee relations of any nature or kind whatsoever. 3. Guild Representative: A Guild member designated by the Guild President as a bargaining representative. Section B. Procedure. The steps set forth herein shall be followed unless the Chief of Police and the Grievant, Guild, or individual raising the issue agree in any particular case that the procedural steps and/or time limits should be modified. Any agreement to modify the procedural steps and/or time limits shall be in writing. In the event that no provision is made to modify any procedural steps an/or time limits, and either of the parties violates them, the grievance/issue shall be considered settled in favor of the party that is not in default at the time. If any specified participant in the steps below is absent and thus unable to timely participate, such step(s) may be completed by the participant's designee. Ste 1 The employee(s) and/or Guild Representative shall submit the grievance/issue in writing to the Division Commander within twenty (20) calendar days from the date that the grievant knew or reasonably should have known of the action precipitating the grievance/issue. The Division Commander shall notify the Employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Ste 2 If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Deputy Chief within fifteen (15) calendar days. If the grievance is initiated by the Guild, it shall be initiated at Step (2) of the grievance process within fifteen (15) calendar days from the date the Guild knew or reasonably should have known of the action precipitating the grievance/issue. The Deputy Chief shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Ste 3 If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Chief of Police within fifteen (15) calendar days. The Chief of Police shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Ste 4 If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Mayor within fifteen (15) calendar days. The Mayor shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Consideration of the issue shall conclude at this point. Ste 5 If the grievance has not been settled by the Mayor, either party may submit the matter to arbitration. In any case, the matter must be referred to arbitration within ninety (90) days from conclusion of the fifteen (15) day period of KE; Renton Police Officers' Guild, Police Commissioned 2003-2005 consideration by the Mayor. A neutral arbitrator will be selected jointly by both parties. If the parties cannot agree on an arbitrator, they will request a list of arbitrators from the American Arbitration Association (AAA) and alternately strike names, if necessary, to pick an arbitrator. The arbitrator selection process will not exceed ten (10) days. The total cost of the proceedings shall be borne equally by both parties. The arbitrator's award shall be final and binding on both parties, provided, however, that no authority is granted to the arbitrator to modify, amend, or delete any terms of this Agreement. When an employee or the Guild appeals a grievance to arbitration, such appeal shall be made in writing and shall constitute an election of remedies and, to the extent allowed by law, a waiver of any and all rights by the appealing employee or the Guild to litigate or otherwise contest the appealed matter in any court or other available forum. Section C. Election of Remedies. In the case of disciplinary actions that are appealable to the Civil Service Commission, a non -probationary employee may file a grievance under the terms of this Agreement alleging that the disciplinary action was not for just cause. If the employee does so, it shall constitute an election of remedies and said employee shall be barred from pursuing the issue in any other forum including, but not limited to, the Civil Service Commission. Likewise, if an employee files litigation in any other legal forum, including Civil Service, that employee may not grieve said discipline and any grievance previously filed shall be deemed withdrawn and any remedies previously granted shall be void. ARTICLE 18 - PERFORMANCE OF DUTY Section A. Nothing in this Agreement shall be construed to give an employee the right to strike, and no employee shall strike or refuse to perform assigned duties to the best of his/her ability. It is further agreed that no employee shall refuse to cross the picket line of any other union during his/her scheduled work shift. Section B. The parties recognize and agree to abide by the provisions of RCW 41.56.490. ARTICLE 19 - RETENTION OF BENEFITS Section A. Wages, hours, benefits, and working conditions constituting mandatory subjects of bargaining in effect on the effective date of this Agreement shall be maintained unless changed by mutual agreement between the Employer and the governing body of the Guild. An interest arbitrator may also change contract provisions legally before him or her in an interest arbitration. Section B. The Employer agrees to notify the Guild in advance of changes or hearings affecting working conditions of any employee covered by this Agreement, except in emergency situations and provided that the Employer is aware of the changes or hearings. 29 Renton Police Officers' Guild, Police Commissioned 2003-2005 ARTICLE 20 - PAY DAYS Section A. Employees shall be paid twice each month and any employee who is laid off or terminated shall be paid all monies due on the next following payday. All employees shall be paid on the 10th and 25th day of each month. If the 10th or 25th day of the month falls on a holiday or weekend period, the employees shall be paid on the last business day prior to that period. If an employee is leaving on vacation, an early check request authorized by the immediate supervisor may be granted provided the check has been processed and is ready for disbursement. Effective with calendar year 2003, the City will issue semi-monthly paychecks. For the pay period, December 16 through December 31, 2003, pay will be received on January 10, 2004. Section B. The Employer agrees to implement procedures for the direct deposit of the employee's paychecks. The Employer will adopt appropriate administrative procedures allowing for direct deposit at a limited number of banks at the employee's request. The banks will be limited to institutions that are members of the Automated Clearing House Electronic Network. The Employer will, to the extent feasible, assure that funds are transmitted as near in time as possible to the time at which paychecks are distributed to other employees. ARTICLE 21 - SAVINGS CLAUSE Section A. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and Addenda shall not be affected thereby, and the parties shall enter, within ten (10) calendar days, into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement or modification of such Article held invalid. Section B. Any conflict between the provisions of this Agreement and current Civil Service Rules and Regulations shall be resolved as set forth herein. It is further understood that (a) to the extent the labor agreement does not address a matter (e.g., discipline, seniority, lay offs, etc.) and Civil Service does, then Civil Service shall prevail; (b) to the extent the labor agreement does address a matter (e.g., discipline, seniority, lay offs, etc.) and Civil Service also does so, the labor agreement shall prevail. The Employer and Guild otherwise retain their statutory rights to bargain changes in Civil Service Rules and Regulations (i.e. changes initiated after the effective date of this agreement) for employees in the bargaining unit. Upon receiving notice of such proposed change(s) from the Civil Service commission, either party may submit a written request to the Mayor (within sixty (60) calendar days after receipt of such notice) and the result of such bargaining shall be made a part of this Agreement. 30 Renton Police Officers' Guild, Police Commissioned 2003-2005 Section C. This Agreement and any and all amendments and modifications hereafter entered into and executed by and between the parties hereto shall be binding and inure to the benefit of the parties' respective successors and assigns and any other governmental entity succeeding to the City of Renton's obligations hereunder. Section D. In case of any merger or consolidation by the Employer with another governmental agency, either party shall have the right to reopen this Agreement for negotiation of any positions affected by the merger or consolidation. Section E. The Employer shall have the right to bargain any issues arising out of the implementation of the Fair Labor Standards Act (FLSA) including any conflicts that may arise regarding Article 19, Retention of Benefits. Statutory provisions for resolution of impasses reached in collective bargaining, and contractual provisions for resolution of grievances arising out of such FLSA issues shall apply. ARTICLE 22 - ENTIRE AGREEMENT Section A. The Agreement expressed herein in writing constitutes the entire agreement between the parties, and no oral statement shall add up to or supersede any of its provisions. Section B. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the Employer and the Guild for the duration of this Agreement each voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. 31 Renton Police Officers' Guild, Police Commissioned 2003-2005 ARTICLE 23 - DURATION OF AGREEMENT Unless otherwise agreed, this Agreement shall become effective January 1, 2003, and shall remain in force until December 31, 2005 Signed this day of Washington. CITY OF RENTON Mayor Police Chief Human Resources & Risk Management Administrator ATTEST: City Clerk Approved as to legal form: City Attorney 2003, at Renton, POLICE OFFICERS' GUILD President Vice President Secretary 32 Renton Police Officers' Guild, Police Commissioned 2003-2005 APPENDIX A SALARIES Section A - Salary Schedule. Effective January 1, 2003, salaries shall be increased by 3.0%. 1. The following salary schedule is effective January 1, 2003 for employees hired on or after the effective date of this Agreement. Classification Start 12 Months 24 Months 36 Months 48 Months Police Sergeant $5,686 1$4,944 Patrol Officer $3,693 $4,007 1$4,320 1$4,632 Note: The Union and City agree that $125.00 will be deducted from each member's retroactive salary payment. The purpose of the deduction is to compensate the City for maintaining low medical/prescription co -pays through June 30, 2003. 2. The following salary schedule is effective January 1, 2004 Classification Start 12 Months 24 Months 36 Months 48 Months Police Sergeant $5,856 Patrol Officer $3,804 $4,127 $4,450 $4,771 $5,092 3. The following salary schedule is effective January 1, 2005 Classification Start 12 Months 24 Months 36 Months 48 Months Police Sergeant $6,032 Patrol Officer $3,918 $4,251 $4,584 $4,914 $5,245 Section B - Accreditation Premium. The Employer will deposit one percent (1.0%) of the employee's base wage into the deferred compensation plan for each employee as a premium for accreditation of the police department. Section C - Deferred Compensation. In exchange for thirty (30) hours of in-service training under Article 4 of this Agreement at the prevailing straight time rate, the Employer shall make a contribution equal to one-half percent (0.5%) of the employee's base wage toward the employee's deferred compensation plan. 2. In exchange for savings realized through modifying the salary scale, effective January 1, 1997, the Employer shall contribute one and one-half percent (1.5%) of the employee's base wage into the employee's deferred compensation plan. 3. The combined deferred compensation contribution from Sections B and C of this Appendix shall be 3.0% 33 Renton Police Officers' Guild, Police Commissioned 2003-2005 APPENDIX B EDUCATION/LONGEVITY SCHEDULE Employees shall receive longevity pay according to the following scale: Completion of 5 years — 2% of base wage Completion of 10 years — 4% of base wage Completion of 15 years — 6% of base wage Completion of 20 years —10% of base wage Completion of 25 years — 12% of base wage Employees shall receive educational pay according to the following scale: AA Degree/90 Credits — 4% of base wage BA Degree/Masters - 6 % of base wage 34 Renton Police Officers' Guild, Police Commissioned 2003-2005 APPENDIX C SUBJECT: INTERNAL AFFAIRS - ADMINISTRATION This order consists of the following numbered sections: 52.1.1 Complaints - Investigation 52.1.2 Direct Access to the Chief of Police 52.1.3 Complaints - Notifying the Chief of Police 52.1.4 Complaint Investigation Time Limits 52.1.5 Complainant Notification of Status of Investigation 52.1.6 Notification of Allegations and Rights 52.1.7 Conditions for Additional Investigation 52.1.8 Internal Investigations - Relief from Duty 52.1.9 Internal Investigations - Conclusion of Fact 52.1.10 Internal Investigations - Records 52.1.11 Internal Investigations - Annual Summary 52.1.12 Internal Investigations - Registering Complaint Procedures 52.1.1 Complaints - Investigation All complaints against the agency or its employees will be investigated. The function of Internal Affairs is to ensure that the integrity of the Renton Police Department is maintained through an internal system. Objectivity, fairness, and justice are assured by intensive and impartial investigation and review to clear the innocent, establish guilt of wrongdoers, and facilitate fair, suitable, and consistent disciplinary action. II. The Chief of Police is responsible for the Internal Affairs function, and delegates responsibility to the Bureau Commanders. The Bureau Commanders are responsible for: A. Recording, registering, and controlling the investigation of complaints against department members: 1. Upon receipt of a complaint, the Bureau Commander will review the complaint, enter the complaint in the Complaint Log and obtain a log number, check the Complaint Log for any similar complaints and notify the Chief of Police of the allegations; 2. The Bureau Commander will determine if the investigation is to be handled by the principal member's supervisor, or other departmental personnel with specific expertise relating to the allegation. In the case of a criminal 35 Renton Police Officers' Guild, Police Commissioned 2003-2005 allegation, the Chief of Police will determine if the investigation is to be assigned to the Investigations Division or elsewhere. B. Supervising and controlling the investigation of alleged or suspected misconduct within the department. 1. Bureau Commanders will assign complaints and allegations of misconduct for investigation; 2. Bureau Commanders will ensure investigations are promptly adjudicated to ensure the integrity of the department and its members; 3. When the investigation is completed, it will be forwarded to the appropriate chain of command for staff review. C. Maintain the confidentiality of the internal affairs investigation and records: 1. The Administrative Secretary will maintain the Complaint Log and Investigation Files, permitting no access to them, except as authorized by the Chief of Police. III. The following types of investigations may be conducted as part of an Internal Affairs function: A. Informal investigation may be conducted on complaints determined to be informal primarily based upon the nature and complexity of the allegation(s). Incidents that are of a less serious nature should be reported to the member's division commander in a timely manner, which would normally be within 24 hours, except on weekends. Informal Investigation: 1. May be conducted on less serious allegations of misconduct where the supervisor or command officer has the option to handle the complaint at the lowest level of supervision; 2. May be conducted on complaints in which the complainant does not wish to sign a formal complaint. 3. Examples of complaints that may be classified as informal include but are not limited to: a. Failure to take proper police action; 36 Renton Police Officers' Guild, Police Commissioned 2003-2005 b. Slow or no response; C. Poor demeanor. B. Formal investigations are determined to be formal primarily based upon the nature and complexity of the allegation. Formal complaints against employees will be directed immediately to the member's division commander or manager via the chain of command. Division Commanders will notify Bureau Commanders, who will forward the complaint to the Chief of Police. Formal Investigation: 1. Will be conducted on all signed Police/Citizen Complaints; 2. Will be conducted on serious allegations of misconduct; 3. Examples of complaints or allegations that may be determined as formal include but are not limited to: a. Allegations of violations of law; b. Allegations of brutality of misuse of force; C. Breach, of civil rights. C. Formal investigations will be reviewed by those responsible for the Internal Affairs function, the Bureau Commander(s) and the Chief of Police. Review of informal investigations is the responsibility of the respective supervisor of the person investigating the complaint. IV. Investigation - The primary responsibility for the proper completion of investigation of all allegations of employee misconduct lies with the Bureau Commanders. A. As a general policy, all informal investigations are handled by the line supervisor. Any formal or informal complaints or inquiries may be investigated by a line supervisor. B. The individual assigned as the investigator will be one of the following persons: 1. The accused employee's supervisor; 2. a member of the Investigations Division; 3. anyone else the Chief may designate. 37 Renton Police Officers' Guild, Police Commissioned 2003-2005 C. The investigating officer will commence his investigation on the basis of the complaint. 1. If, during the investigation of the initial complaint, it is disclosed that other misconduct may have taken place, this misconduct will also be investigated, reported upon, and adjudicated. 2. The investigator assigned will investigate and report all aspects of the case in a manner which is fair and impartial to all persons. 3. The investigator will be responsible for informing the Bureau commanders of the continuing developments in the investigation to determine whether to: a. Retain the accused employee in current assignment. b. Excuse the accused employee from duty. C. Assign the accused employee to some other duty where there is close supervision and limited contact with the public or other police personnel. 4. The investigator will complete the investigation and submit the report in a timely manner with a goal of completing the process within the 30-day limit. D. The investigator's final report to Internal Affairs for informal investigations will be completed in accordance with General Order 52.1.4. E. The investigator's final report to Internal Affairs on formal investigations will contain: 1. A written summary report which includes: a. The Internal Affairs number; b. The nature of complaint; C. The name(s) of employee(s) involved; d. The allegations summary (concise, but a complete synopsis of the allegations); e. Investigation - including a chronological summary of the investigation; Renton Police Officers' Guild, Police Commissioned 2003-2005 f. Findings of fact - including, by numerical listing, a summary of findings of fact. 2. Statements - interviews and letters of employees, citizens, and witnesses. 3. Reports - copies of all related reports. 4. Correspondence - copies of any memos or formal letters related to the investigation. V. Staff Review of Internal Affairs Investigations A. After the investigation of formal complaints are completed, the case file will be forwarded to the involved employee's chain of command for staff review. B. The first line supervisor will review the case, make his disposition and penalty recommendations, when applicable, and forward the file to his Division commander for review. C. The Division Commander will review the case, make the recommendations, and forward the file to the Bureau Commander. D. The Bureau Commander will review the case, make recommendations, and forward the file to the Chief of Police for final review and final adjudication. E. The final disposition of each allegation in a complaint will be classified in one of the ways outlined in General Order 52.1.9. F. Upon approval of the Chief of Police, the Internal Affairs' assigned component will send a letter to the reporting party, and notify the employee through the chain of command as to the disposition. G. The completed investigation will then be considered closed, and filed numerically. 52.1.2 Direct Access to Chief of Police I. The Bureau Commanders are responsible for the Internal Affairs component, and report directly to the Chief of Police. 52.1.3 Complaints - Notifying the Chief of Police 39 Renton Police Officers' Guild, Police Commissioned 2003-2005 I. All complaints against the department or department personnel shall be directed to the member's division commander or manager via the chain of command. Division commander and manager will notify bureau commanders when such complaints are brought to their attention. Bureau commanders will, in turn, forward to the Chief of Police information about the complaint and how it was received. 52.1.4 Complaint Investigation Time Limits I. To achieve a speedy resolution to internal affairs issues, an Internal Affairs investigation will generally be completed within 30 days. A verbal status report will be given to the Chief of Police at least weekly. II. In cases where extenuating circumstances exist, the time limit may be extended by the assigning Bureau Commander, with approval of the Chief of Police. 52.1.5 Complainant Notification of Status of Investigation I. The Renton Police Department will keep the complainant informed concerning the status of a complaint. A. Complainants signing a formal complaint form (RPD073) will be furnished a copy of the complaint form. The form briefly describes the responsibilities of the complainant and the actions to expect of the Renton Police Department. B. Periodic status reports will be communicated to complainants signing a formal complaint, although the degree of specificity of the status report is at the discretion of the investigator; C. A letter approved and signed by the Chief of Police will be sent to the complainant informing him/her of the final disposition of their formal complaint. 52.1.6 Notification of Allegations and Rights I. Affected employees who become the subject of an internal affairs investigation will be notified in writing: A. That they have become the subject of an internal affairs complaint; B. The allegation(s) against the employee; C. The employee's rights and responsibilities relative to the investigation. II. The principal member of the investigation will be furnished a copy of the complaint. Affected employees will be afforded all protections under State 40 Renton Police Officers' Guild, Police Commissioned 2003-2005 law, Civil Service, City Ordinance, and the Officer's Bill of Rights as agreed upon between the City of Renton and the Renton Police Guild. 52.1.7 Conditions for Additional Investigation Evidence collection for investigations involving Renton Police Department employees will be conducted in accordance with state law, and the current applicable labor agreement between the City of Renton and the Renton Police Officer's Guild. II. Additional investigation may be required during the course of such investigation. The following may be requested of the principal department member upon the approval of the Chief of Police or his designee: A. Medical or laboratory examinations; B. Photographs of the affected employee(s); C. Directing the employee to participate in a lineup; D. Requiring an employee to submit financial disclosure statements, records; E. Use of instruments for the detection of deception, including polygraph. 52.1.8 Internal Investigations - Relief From Duty Supervisors or command officers may temporarily relieve an employee from duty with pay, under the following circumstances: A. The employee is unfit for duty due to physical or psychological reasons (i.e. intoxication, etc.). B. Supervisors or command officers may temporarily relieve an employee from duty, with pay, in response to serious performance related issues, or actions pending disposition of an internal affairs investigation. II. An employee relieved from duty will be required and directed to report to their Bureau Deputy Chief, or his designee, at 0900 hours the next day. The supervisor or command officer relieving the employee from duty will also report to the Chief of Police with all the necessary reports. Bureau Commanders, with the approval of the Chief of Police, may extend the relief from duty as required by the circumstances. III. In all cases where an employee is relieved of duty under this General Order, the employee's Supervisor, Division Commander, Bureau Commander, and CDO (Command Duty Officer) will be notified as soon as possible. 41 Renton Police Officers' Guild, Police Commissioned 2003-2005 52.1.9 Internal Investigations - Conclusion of Fact An assessment of each allegation of employee misconduct shall be made and classified as one of the following. A. Exonerated - The alleged act occurred, but was justified, legal and proper; 1. Proper conduct - The allegation is true. The action of the agency or the employee was consistent with agency policy, and the complainants suffered no harm; 2. Policy Failure - The allegation is true, though the action of the agency or the employee was consistent with agency policy. The complainant suffered harm. B. Sustained - The accused employee committed the allegation of misconduct. C. Not Sustained - The investigation produced insufficient information to clearly prove or disprove the allegation. D. Unfounded - The alleged act did not occur. E. Misconduct not based on the original complaint - This is used to indicate the discovery of sustained acts of misconduct that were not alleged in the original complaint. The new allegations are investigated under the same procedures. 52.1.10 Internal Investigations - Records I. The Renton Police Department investigates and maintains records of all complaints made against the Department and its employees. These records shall be maintained securely, ensuring the confidentiality of these records are protected. A. The Administrative Secretary maintains a complaint log of all formal complaints, which is maintained by the office of the Chief of Police. B. Supervisory and Command personnel are responsible to securely maintain appropriate records of all informal complaints. 52.1.11 Internal Investigations - Annual Summary M Renton Police Officers' Guild, Police Commissioned 2003-2005 The Bureau Commanders will compile an annual statistical summary report based on the records of Internal Affairs investigations. Copies of the statistical summary will be disseminated to the Chief of Police for appropriate distribution, including the Accreditation Files. The report will be made available through the Chief of Police to the public, City officials and Department employees upon request. 52.1.12 Registering Complaint Procedures I. The Renton Police Department will make available to the general public the Police/Citizen Complaint form (RPD073). The form may be obtained from any supervisory or command officer or at the Front Counter. II. The form will briefly describe the responsibilities of the complainant and the investigation process. III. All employees will be furnished a copy of the General Orders and should make themselves aware of the provisions. 43 APPENDIX D UJI, , hereby release Dr. To provide the following medical information to my employer. In accordance with sections 102(c)(B), 102(c)(C) and 102(c)(4)(C) of the Americans with Disabilities Act, the above -named doctor is required to maintain all medical records in association with the examination of me on LUseparate forms and in separate medical files and must treat those records as a confidential record with the following exceptions: Mi In The above —named doctor may advise my employer regarding: 1. Psychological or physical fitness to perform all the essential functions of my current job classification; nr2. If unable to perform all those functions, the duties that I am able to perform and which duties I am not able to perform; 3. If unable to work at this time, when I can reasonably be expected to return to work at my regular duties; 4. Any necessary restrictions on my work or duties; 5. Any necessary accommodations which may be required to allow me to perform the essential functions of my current job classification; and 6. Any recommendation for psychotherapy or other form of therapy, counseling and/or medical treatment. This Release is intended to grant no further access to my Uj confidential medical records than the Americans with Disabilities Act allows, and the examining physician is instructed accordingly. PATIENT DATE 44 CITY OF RENTON COUNCIL AGENDA BILL Al N: Y 1 Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Division September 8, 2003 Staff Contact...... Ryan Zulauf, x7471 Agenda Status Consent .............. X Public Hearing.. Subject: Renton Municipal Airport, 2003 Taxiway, Lighting, Correspondence.. Paving and Signage Improvements Project Ordinance ............. Grant AIP 3-53-0055-14 Resolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Resolution Information........ . Grant Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... Other..... .... . Fiscal Impact: Expenditure Required... $446,774 Transfer/Amendment....... Amount Budgeted....... $446,774 Revenue Generated......... $402,097 Total Project Budget $3,275,000 City Share of this Project.. $ 44,677 SUMMARY OF ACTION: In May of this year Council authorized funding for the 2003 Paving, Lighting and Signage Improvement Project at the Renton Municipal Airport. This project involves taxiway improvements and is primarily for a pavement overlay, but also includes drainage, lighting and signage removal and installation within the overlay area. The project was put out to bid in four schedules. On June 16"', the Council authorized the contractor, Gary Merlino Construction Company, to proceed with schedules A and B in the amount of $2,122,015.62. Council withheld authorization at that time to proceed with schedules C and D pending confirmation from the Federal Aviation Administration that grant funding would be available for these two schedules (the City had previously been notified that $2,241,000 had been approved by the FAA for schedules A and B). The Federal Aviation Administration (FAA) has subsequently designated an additional $402,097 Airport Improvement Program grant to the Renton Airport for Schedules C and D. This is a new grant, therefore, a new resolution has been prepared for approval by Council. STAFF RECOMMENDATION: Staff recommends Council approve the resolution accepting the Federal Aviation Administration grant and authorizing the Mayor and City Clerk to execute the agreement. Staff further recommends that Council authorize the Administration to give Gary Merlino Construction Company notice to proceed with Schedule C and D as submitted in the company's bid of May 27, 2003 in the amount of $405, 905.82. Rentonnet/agnbill/ bh CITE' OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: September 2, 2003 TO: Kathy Keolker-Wheeler, President Members of the Renton City Council VIA: -�' Jesse Tanner, Mayor G FROM: Greg Zimmerm4� dministrator STAFF CONTACT: R n Zulauf, x7471 Leslie Lahndt, x7223 SUBJECT: Renton Municipal Airport, 2003 Taxiway, Lighting, Paving and Signage Improvement Project Grant AIP 3-53-0055-14 ISSUE: The Renton Municipal Airport 2003 Taxiway, Lighting, Paving and Signage Improvement Project has just received an additional Federal Aviation Administration (FAA) grant to cover the construction of Schedules C and D. The resolution allowing us to enter into an agreement with the FAA to fund the remainder of this project needs to be adopted and the forthcoming grant needs to be executed by the Mayor, obligating the funds for use. RECOMMENDATION: Staff recommends Council approve the resolution accepting the Federal Aviation Administration grant funding. Staff further recommends that Council authorize the Mayor and City Clerk to execute the grant paperwork obligating the funds for Schedule C and D of the Renton Municipal Airport 2003 Taxiway, Lighting, Paving and Signage Improvement Project. BACKGROUND Attached you will find a packet including: A memo from me to the Mayor briefing him on the above referenced grant and requesting his signature on the grant application and a cover letter to the Federal Aviation Administration (FAA) for Schedules A and B. Renton Municipal Airport, 2003 Taxiway, Lighting, Paving, and Signage Improvement Grant September 2, 2003 Page 2 of 2 2. The signed cover letter to the FAA, signed by the Mayor, and a copy of the grant application for Schedules C and D for the above referenced project signed by the Mayor. 3. The award memo and agenda bill discussing the award of Schedules A and B to Gary Merlino Construction Company, and that Schedules C and D would proceed if FAA funds became available, and the agenda bill, issue paper, and Transportation Committee report adjusting the authorized budget for this project to $3,275,000.00. We were approached late last week by the FAA informing us that the funds for completing Schedules C and D had become available as long as we could have the executed grant obligating the funds back in their office for final processing by September 11, 2003. This did not give us much time, but last week we were able to inform the Mayor of the availability of funds and get his signature on the grant application and cover letter to the FAA, then couriered the paperwork to the FAA office to immediately begin processing the paperwork. We expect the actual grant paperwork for executing (thereby obligating the funds) back from the FAA this week or early next week. We will then take the grant paperwork directly to the Mayor for signature, which we will then immediately return to the FAA to meet their deadline of September 11, 2003. The authorized budget for this project is enough to cover inclusion of Schedules C and D. The FAA informed us just last week that funds had just become available for us to proceed with Schedules C and D, as long as we could sign the grant application and have it back to them by September 4`h (we signed the grant application and returned it to them August 29', 2003) and then have the executed grant (forthcoming once FAA has processed the application) back to them by September 11`''. Even though notice is short, the receipt of additional funding allowing us to finish the project is very good news for us. Thank you. Attachments cc: Jay Covington City Clerk Leslie Lahndt Ryan Plut Ryan Zulauf C:\WINDOWS\TEMP\Issue paper for second airport grant 2003 project.DOC CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE ADMINISTRATION TO COMPLETE AND FILE AN APPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION FOR A GRANT FOR _ THE RUNWAY/TAXIWAY LIGHTING, PAVING AND SIGNAGE PROJECT, AND SUBSEQUENT CONTRACTS RELATING TO THE GRANT. WHEREAS, the City of Renton maintains a municipal airport; and WHEREAS, it is necessary to make certain improvements to the runways, taxiway lighting, paving and signage; and and WHEREAS, the Federal Aviation Administration has grant funds available for such work; WHEREAS, it is necessary to file a grant application with the Federal Aviation Administration; and WHEREAS, that grant application requires that the governing body of the City authorize the filing of this grant; 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 sign the Federal Aviation Administration grant application for the runway/taxiway, lighting, paving and signage project, and any subsequent contracts related to the grant. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of 92003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2003. Approved as to form: Lawrence J. Warren, City Attorney RES. 1008:9/3/03:ma Jesse Tanner, Mayor 2 a U.S. Department of Transportation Federal Aviation Administration September 3, 2003 The Honorable Jesse Tanner Mayor, City of Renton 1055 South Grady Way Renton, Washington 98055 Dear Mr. Tanner: Seattle Airports District Office 1601 Lind Avenue, S.W., Suite 250 Renton, Washington 98055-4056 Grant Offer for Renton Municipal Airport; Renton, Washington AIP Project Number 3-53-0055-014 Enclosed are four copies of the subject grant offer. Please note that: a. The grant offer must be accepted by the sponsor on or before September 11, 2003. b. The grant offer must be accepted by an official authorized by the governing agency to do so. C. The "Certification of Sponsor's Attorney" relates to the acceptance and, therefore, must be made after the Sponsor's acceptance. d. After execution is completed, please fax a copy of the grant agreement to our office at (425) 227-1650 and, also, return three executed copies to this office by mail. All applicable project -related requirements pertaining to environmental analysis and approval for this grant have been met in accordance with the guidelines contained in FAA Order 5050.4A, Airport Environmental Handbook. If you have any questions in regard to acceptance of the grant offer, please contact your project manager. Sincerel , J. Wade Bryant Manager, Seattle Airports District Office Enclosures cc: Washington State Department of Transportation Division of Aeronautics v U.S. Department of Transportation Federal Aviation Administration Page 1 of 5 pages Grant Agreement Part 1 - Offer Date of Offer: September 3, 2003 Renton Municipal Airport Renton, Washington Project Number: 3-53-0055-014 Contract Number: DOT-FA03NM-0084 To: City of Renton, Washington (herein called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 29, 2003, for a grant of Federal funds for a project at or associated with the Renton Municipal Airport which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Construct east apron; Rehabilitate Taxiway B; Rehabilitate Taxiway L, including signs and lights; all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (10-89) Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act" and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and i+- acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United Sta and the public from the accomplishment of the Project and compliance with the assurances ano conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety (90) percentum of all allowable Project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this Offer shall be $412,461.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provision of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ 0.00 for planning $412,461.00 for airport development or noise program implementation 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share w be based upon the final audit of the total amount of allowable project costs un- settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United. States shall not be obligated to pay any part of the costs of the project unless this Offer has been accepted by the Sponsor on or before September 11, 2003, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have .been expended. For the purposes of this grant agreement the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretar FAA Form 5100-37 PG 2 (10-89) Page 3 of 5 pages as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, judgment to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 9. It is understood and agreed by the parties hereto that the maximum obligation of the United States for this grant agreement may, if requested by the Sponsor and approved by the FAA, be increased as provided in Title 49, U.S.C., Section 47108 (b) to cover increased eligible and allowable development project costs. Upon approval of the Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the new grant amount. issuance of such letter will constitute an amendment to this agreement and the maximum grant obligation of the United States will be adjusted to the amount specified. 10. The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: 1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. 3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). 4. Qualifications of engineering supervision and construction inspection personnel. 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. FAA Form 5100-37 PG 3 (10-89) Page 4 of 5 pages b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reduction applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be atthe discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 11. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. the Sponsor will include in every contract a provision implementing this special condition. 12. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. FAA Form 5100-37 PG 4 (10-89) Page 5 of 5 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, -onstituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA EDERAL AVIATION ADMINISTRATION By.. .` ... ..V .. ................... J. ade Bryant, Maager,ttle Airports District Office Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this ...................... day of ......................................... 2003. City of Renton, Washington (SEAL) By............................................ Sponsor's Designated Official Representative Title% ...................................... Attest: ...... ............................. Title: .................................... CERTIFICATE OF SPONSOR'S ATTORNEY I ..... .................................... acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, 1 have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at ................... this ....................... day of ....................... 2003. .................................................. Signature of Sponsor's Attorney FAA Form 5100-37 PG 5 (10-89) U.S. Department of Transportation Federal Aviation Administration . Page 1 of 5 pat Grant Agreement Part 1 - Offer Date of Offer: September 3, 2003 Renton Municipal Airport Renton, Washington Project Number: 3-53-0055-014 Contract Number: DOT-FA03NM-0084 To: City of Renton, Washington (herein called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA') WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 29, 2003, for a grant of Federal funds for a project at or associated with the Renton Municipal Airport which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Construct east apron; Rehabilitate Taxiway B; Rehabilitate Taxiway L, including signs and lights; all as more particularly described in the Project Application. i FAA Form 5100-37 PG 1 (10-89) Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act" and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety (90) percentum of all allowable Project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this Offer shall be $412,461.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provision of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ 0.00 for planning $412,461.00 for airport development or noise program implementation 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry.out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United. States shall not be obligated to pay any part of the costs of the project unless this Offer has been accepted by the Sponsor on or before September 11, 2003, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary FAA Form 5100-37 PG 2 (10-89) Page 3 of 5 pages as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, judgment to the Secretary. It shall furnish to the Secretary, upon request, documents and records pertaining to the determination of the amount of the Fede. share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 9. It is understood and agreed by the parties hereto that the maximum obligation of the United States for this grant agreement may, if requested by the Sponsor and approved by the FAA, be increased as provided in Title 49, U.S.C., Section 47108 (b) to cover increased eligible and allowable development project costs. Upon approval of the Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the new grant amount. issuance of such letter will constitute an amendment to this agreement and the maximum grant obligation of the United States will be adjusted to the amount specified. 10. The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: 1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. 3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). 4. Qualifications of engineering supervision and construction inspection personnel. 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. FAA Form 5100-37 PG 3 (10-89) i Page 4 of 5 pages b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be at,the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 11. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. the Sponsor will include in every contract a provision implementing this special condition. 12. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. FAA Form 5100-37 PG 4 (10-89) Page 5 of 5 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the A-, constituting the contractual obligations and rights of the United States and the Sponsor with resp to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By.. �. ................................. .. J.ade Bryant, Manager, 9eatttle Airports District Office Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this ......................day of.......................................2003. City of Renton, Washington (SEAL) By............................................ Sponsor's Designated Official Representa` Title: ....................................... Attest: .................................... Title: .................................... CERTIFICATE OF SPONSOR'S ATTORNEY I ..... .................................... acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that. the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Datedat.. .................. this ....................... day of ....................... 2003. .................................................. Signature of Sponsor's Attorney FAA Form 5100-37 PG 5 (10-89) U.S. Department of Transportation Federal Aviation Administration Page 1 of 5 pages Grant Agreement Part 1 - Offer Date of Offer: September 3, 2003 Renton Municipal Airport Renton, Washington Project Number: 3-53-0055-014 Contract Number: DOT-FA03NM-0084 To: City of Renton, Washington (herein called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 29, 2003, for a grant of Federal funds for a project at or associated with the Renton Municipal Airport which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Construct east apron; Rehabilitate Taxiway B; Rehabilitate Taxiway L, including signs and lights; all as more particularly described in the Project Application. i FAA Form 5100-37 PG 1 (10-89) i Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act" and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United Sta and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety (90) percentum of all allowable Project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this Offer shall be $412,461.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provision of Section .47108(b) of the Act, the following amounts are being specified for this purpose: $ 0.00 for planning $412,461.00 for airport development or noise program implementation 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedure - as the Secretary shall prescribe. Final determination of the United States' share V be based upon the final audit of the total amount of allowable project costs anu settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by*the Sponsor. 6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this Offer has been accepted by the Sponsor on or before September 11, 2003, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretai FAA Form 5100-37 PG 2 (10-89) i Page 3 of 5 pages as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, judgment to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 9. It is understood and agreed by the parties hereto that the maximum obligation of the United States for this grant agreement may, if requested by the Sponsor and approved by the FAA, be increased as provided in Title 49, U.S.C., Section 47108 (b) to cover increased eligible and allowable development project costs. Upon approval of the Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the new grant amount. issuance of such letter will constitute an amendment to this agreement and the maximum grant obligation of the United States will be adjusted to the amount specified. 10. The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: 1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. 3. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). 4. Qualifications of engineering supervision and construction inspection personnel. 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. FAA Form 5100-37 PG 3 (10-89) Page 4 of 5 pages b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be atthe discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 11. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. the Sponsor will include in every contract a provision implementing this special condition. 12. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. FAA Form 5100-37 PG 4 (10-89) i Page 5 of 5 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, ;onstituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA EDERAL AVIATION ADMINISTRATION By... . .....�. .trpor�ts ................. J. ade Bryant, Mana er Seaiile ADistrict Office rY 9 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this ...................... day of ......................................... 2003. City of Renton, Washington (SEAL) Attest: .................................... Title: .................................... By............................................ Sponsor's Designated Official Representative Title: ....................................... CERTIFICATE OF SPONSOR'S ATTORNEY I ..... .................................... acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at ................... this ....................... day of ....................... 2003. .................................................. Signature of Sponsor's Attorney FAA Form 5100-37 PG 5 (10-89) U.S. Department of Transportation Federal Aviation Administration Page 1 of 5 pad Grant Agreement Part 1 - Offer Date of Offer: September 3, 2003 Renton Municipal Airport Renton, Washington Project Number: 3-53-0055-014 Contract Number: DOT-FA03NM-0084 To: City of Renton, Washington (herein called the "Sponsor") From: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 29, 2003, for a grant of Federal funds for a project at or associated with the Renton Municipal Airport which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Construct east apron; Rehabilitate Taxiway B; Rehabilitate Taxiway L, including signs and lights; all as more particularly described in the Project Application. FAA Form 5100-37 PG 1 (10-89) i Page 2 of 5 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein called "the Act" and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety (90) percenturn of all allowable Project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this Offer shall be $412,461.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provision of Section 47108(b) of the Act, the following amounts are being specified for this purpose: $ 0.00 for planning $412,461.00 for airport development or noise program implementation 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The Sponsor shall carry, out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this Offer has been accepted by the Sponsor on or before September 11, 2003, or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust. statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary FAA Form 5100-37 PG 2 (10-89) Page 3 of 5 pages as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order, judgment to the Secretary. It shall furnish to the Secretary, upon request, P" documents and records pertaining to the determination of the amount of the Fede share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. Special Conditions 9. It is understood and agreed by the parties hereto that the maximum obligation of the United States for this grant agreement may, if requested by the Sponsor and approved by the FAA, be increased as provided in Title 49, U.S.C., Section 47108 (b) to cover increased eligible and allowable development project costs. Upon approval of the Sponsor's request for such an increase, FAA will advise the Sponsor by letter of the new grant amount. issuance of such letter will constitute an amendment to this agreement and the maximum grant obligation of the United States will be adjusted to the amount specified. 10. The Sponsor agrees to perform the following: a. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: 1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. 3. Procedures for determining that testing .laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). 4. Qualifications of engineering supervision and construction inspection personnel. 5. A listing of all tests required by the contract specifications, including the type and frequency -of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. FAA Form 5100-37 PG 3 (10-89) i Page 4 of 5 pages b. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or did not meet the applicable test standard. The report shall include the pay reductions applied and reasons for accepting any out -of -tolerance material. An interim test and quality control report shall be submitted, if requested by the FAA. c. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, shall, absent any compelling justification, result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction shall be atthe discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. 11. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. the Sponsor will include in every contract a provision implementing this special condition. 12. The Sponsor agrees to request cash drawdowns on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. FAA Form 5100-37 PG 4 (10-89) Page 5 of 5 pages The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the P" constituting the contractual obligations and rights of the United States and the Sponsor with rest to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By...kc ! �. ..... .... ................ J.e Bryant, Manager, Se . le Airports District Office Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this .................... .day of .......................................... 2003. City of Renton, Washington (SEAL) By.......................................... Sponsor's Designated Official Representa Title: ....................................... Attest: .................................... Title: .................................... CERTIFICATE OF SPONSOR'S ATTORNEY I ..... .................................... acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Datedat ................... this ....................... day of...................... 12003. .................................................. Signature of Sponsor's Attorney FAA Form 5100-37 PG 5 (10-80) R�.$10 Jesse Tanner. M August 28, 2003 Cayla Morgan Seattle Airport's District Office Federal Aviation Administration 1601 Lind Avenue SW, Suite 250 Renton, WA 98055-4056 CITY OF MENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator RE: Renton Municipal Airport,. 2003 Taxiway; Lighting and Signing Improvements Grant Application, A1P 3-53-0055-14 Dear Cayla; . Please fmd:attached a Federal Aviation Administration, (FAA) Airport Improvement. Program (AIP) grant wl application to supplement. our current AWP,Grarit, X9fii`bbr.;3�-53-005.5-13, executed on June 24, 2003. This grant application is to `provide"cenlainin'g funding required for".completing the 2003 Taxiway, Lighting and Signing`Improvemen as awrded o}it June.16, Z003}`T,he grant will provide the additional funding needed to construct Additive$id_SchedU1es C and D .. The Standard DOT Title VIA Aksuranees;' ,Contractors Contractual` Req 'rements; Clauses for Deeds, Licenses, .Leases, Permits or Sunilar Tn;strument equ e Statements for lirport Improvement .Program . Projects; Certification forContracfs, Granoaus ` gaud Coopezativ�e :Agreements; Certif cation .. Regarding Drug -Free Workplac81,Re'quire�ents� ani Title 3JI Pre sward •Sponsor Checklist " as u µ e Jun - submitted, m the Application for. FesdEZ eralSanG�ated :June 24, 03 will apply to this grant application as if they. were included in�theiety. F Y The City of Renton appreciatesi'$eceivmghe�addrtional funds alQvi�thgthe airport to complete its, capital �n improvement project. Tleme�conta t R an'' iil uf; ypaft-,Managet4Pat (425) 430-7471 if you have atiy questions Sincerely I of Renton.. Jesse Tanner Mayor Attachments: FAA Grant Application 1055 South Grady Way - Renton, Washington 98055 1-;. A.— —w— so-1- .o—i.n ..,ar—i.i an-/ . OMB Approval No. 0348-0043 APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier August 28, 2003 FEDERAL ASSISTANCE 1:'°TYPE OF 3. DATE RECEIVED BY STATE State Application Identifier SU.BMISSI6. Apphcat�on ': Preapplication ®;rConstrucfion ❑ Construction ........... ..........':. 4. DATE RECEIVED BY FEDERAL AGENCY .................... .......... Federal Identifier ❑ Non -Construction ❑ Non -Construction 3-53-0055-13 5. APPLICANT INFORMATION Legal Name: Organizational Unit: City of Renton Renton Municipal Airport Address (give city, county, state, and zip code) Name and telephone number of the person to be contracted on matters involving Renton City Hall this application (give area code) 1055 South Grady Way Ryan C. Zulauf Renton, WA 98055 616 West Perimeter Road 425-430-7471 Renton, WA 98055-1348 . EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) C E] 11 11 3 B El [1 ❑ B A. State H. Interdependent School District _ B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual 8. TYPE OF APPLICATION: ® New ❑ Continuation ❑ Revision F. Intermunicipal M. Profit Organization G. Special District N. Other (Specify) If Revision, enter appropriate letter(s) in box(es): ❑ ❑ A Increase Award B Decrease Award C Increase Duration D Decrease Duration Other (specify) 9. NAME OF FEDERAL AGENCY Federal Aviation Administration 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: ASSISTANCE NUMBER ID F21- El El El The project consists of the reconstruction of Taxiway L, hold to Taxiway B, a slu TITLE: Airport Improvement construction of a apron adjacent Program AIP seal for Taxiway B. Airport lighting and signing for the taxiway system on the east side of the runway. 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): City of Renton King County, Washington State of Washington 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant b. Project 7/1/03 12/31/03 Seventh (7`h) Seventh (7th) 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. YES, THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE a. Federal $ 402,097 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. NO ® PROGRAM IS NOT COVERED BY E. O. 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW b. Applicant $ 44,677 c. State $ d. Local $ e. Other $ f. Program income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑ Yes If yes, attach an explanation ® No g. TOTAL $ 446,774 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED a. Typed Name of Authorized Representative b. Title c. Telephone number Jesse Tanner Ma or 425-430-6500 d. Signature of Au o ed Representativ e. Date Signed q/';91b 3 Previous EditionCKot Usable stancaro Form 414 (KtV Authorized for Local Reproduction Prescribed by OMB Circular A- � �c PART II PROJECT APPROVAL INFORMATION SECTION A .tem 1 Does this assistance request require State, local, Name of Governing Body regional, or other priority rating? Priority ❑Yes ®No Item 2. Does this assistance request require State, local Name of Agency or Board advisory, educational or health clearances? (Attach Documentation) ❑Yes ®No Item 3 Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? ❑Yes ®No Item 4 Does this assistance request require State, local, Name of Approving Agency regional or other planning approval? ❑ Date Yes ®No Check One: State ❑ Item 5. Local Is the proposed project covered by an approved Regional ❑ comprehensive plan? ®Yes [:]No Location of plan Airport Master Plan Item 6. Will the assistance requested serve a Federal Name of Federal Installation installation? Federal Population benefiting from Project ❑Yes ®No Item 7 Will the assistance requested be on Federal land Name of Federal Installation _ or installation? Location of Federal Land ❑Yes ®No Percent of Project Item 8 Will the assistance requested have an impact or effect on the environment? ❑Yes ®No Number of: Item 9. Individuals Will the assistance requested cause the displacement of Families individuals, families, businesses, or farms? Businesses [-]Yes ®No Farms Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? ❑Yes ®No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 - Page 2 PART II — SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Compatible land use regulations through adoption of airport related height and use restricitions. Section 4-3-020 of the City of Renton Development Standards, Title IV, Renton Municipal Code. These regulations address FAR Part 77 Surfaces. 2. Defaults. — The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: The Sponsor is not in default on any obligation. 3. Possible Disabilities. — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: Not applicable 4. Land. — (a) The sponsor holds the following property interest in the following areas of land" which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": No exceptions. Not Applicable 'State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3a FAA AC 81-06913 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 80-RO184 PART II — SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such Sttorney or title company has determined that the Sponsor holds the above property interests. (b)The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": No land acquisition is needed as a part of this project. (c)The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A": No land acquisition is needed as a part of this project. 5. Exclusive Rights. — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: There is no grant of exclusive right for the conduct of any aeronautical activity at Renton Municipal Airport. *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases,* etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b FAA AC 81-06913 e-0A0Y—MY no T0ANc0n0TATInM CPnFDA1 AvIATInN ADMINISTRATION OMB NO. 80-R0184 PART III— BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No..................... 20.106 2. Functional or Other Breakout .............................. SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration Expense $ $ $ 0 2. Preliminary Expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 30,568.38 5. Other architectural engineering fees 6. Project inspection fees 10,300.22 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 405,905.82 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 446,774 15. Estimated Income (if applicable) 16. Net Project Amount (line 14 minus 15) 446,774 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 446,774 20. Federal Share requested of Line 19 402,097 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20 & 21) 402,097 23. Grantee share 44,677 24. Other shares 25. Total project (Lines 22, 23, & 24) 446,774 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 C n....D ...Y nF Ton NCDnDTATInN FF(1FRA1 AVIAT1nN ar1MINICTDa nnPj OMB NO. 80-RO184 SECTION C - EXCLUSIONS 26 Classification Ineligible for Participation 1 Excluded from Contingency Provision 2 a. $ $ b.. C. d. e. f. 9. Totals SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 44,677 a. Securities b. Mortgages c. Appropriations (By Applicant) 44,677 d. Bonds e. Tax Levies f. Non Cash g .Other (Explain) h .TOTAL — Grantee share 44,677 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 44,677 SECTION E — REMARKS PART IV PROGRAM NARRATIVE Attach - See Instructions rAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 510010 PAGES 1 THRU 7 FAA AC 75-023 PAUL 0 PART IV PROGRAM NARRATIVE PROJECT: West Side Improvements and Runway Lighting and Signing AIRPORT: Renton Municipal Airport 1. Objective: This project will address existing pavement, lighting and signing at the airport that are in need of repair and replacement. 2. Benefits Anticipated: This project will bring the existing lighting and signing up to standard and repair deteriorating pavements. The improvements will increase safety for the airport users. 3. Approach: Execute the portion of the project that can be funded as designed and bid for the improvements. 4. Geographic Location: The physical location of the project is in the City of Renton, Washington at the Renton Municipal Airport. 5. Justification for Force Account Work: (if applicable) Not applicable. 6: Sponsor's Representative: (incl. address & tel. no.) Ryan C. Zulauf 616 West Perimeter Road Renton, WA 90855-1348 Telephone 425-430-7471 Fax 425-430-7472 e-mail rzulauf@ci.renton.wa.us CIP/PREAPPLICATION DATA SHEET AIRPORT: -Renton Municipal Airport LOCAL PRIORITY: UPDATED: 8/2003 WORK ITEM: East Side Improvements SKETCH: f . ......... r 7_7 P 6. f F .... . �qw . . . . . . . . . . . . . - T ---- ----- g, :.* ----- - ----- 9_1 Zfn .......... 4 L. .......... r. SPONSOR SIGNATURE: COST ESTIMATE: 446,774 Item (Excavation, Paving, etc.) ADMINISTRATION: ENGINEERING: INSPECTION: DATE: $ 1 Construction $ 405,906 4: $ $ 30,568 2 $ 5: $ $ 10,300 1 3: $ TOTAL: 1 $ 446,774 ADO USE: PREAPP GRANT NO: NO: ADO- Form Ala Page 5 NPIAS WORK FAA CODE: CODE: PRIOR: FED CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 28, 2003 TO: Jesse Tanner, Mayor FROM: Gregg Zimmerman G STAFF CONTACT: Leslie Lahndt, x7223 Subject: Renton Municipal Airport, 2003 Taxiway, Lighting and Signing Improvements Grant Application, AIP 3-53-0055-14 Attached you will find a letter to Cayla Morgan of the Federal Aviation Administration (FAA) requiring your signature, along with a grant application for FAA funds to cover Schedules C and D of the above referenced project. Also attached are the award memo and agenda bill discussing award of schedules A and B to Gary Merlino Construction Company and that C and D would proceed if FAA funds became available, and the agenda bill, issue paper, and transportation committee report adjusting the authorized budget for this project to $3,275,000.00. The authorized budget for this project is enough to cover inclusion of schedules C and D. The FAA informed us just yesterday that funds had just become available for us to proceed with schedules C and D as long as we could sign this grant application and have it back to them by September 4, and then have the executed grant (forthcoming once FAA processed the attached application) back to them by September 11t'. A member of my staff has discussed this with me and we feel confident that we can meet these deadlines. Even though notice is short, the receipt of additional funding allowing us to finish the project is very good news for us. I very much appreciate your quick turn around on signing this grant application letter and the first sheet of the grant application and returning it to the staff contact above for processing. Thank you. Attachments Cc: Ryan Zulaf Sandra Meyer Ryan Plut Leslie Lahndt H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\Leslie\Memo to mayor from GZ for second airport grant application.doc CITY OF RENTON PLANNING/BUH,DING/PUBLIC WORKS MEMORANDUM DATE: TO: FROM: STAFF CONTACT: SUBJECT: RECOM ONDATION: June 11, 2003 Bonnie Walton Gregg Zimmerman G Ryan Zulauf, x7471 clay 1O4r O,c9�� L/A� `/�-Y RF . ?003 RksODPC F Construction Contract Award - 2003 Paving, Lighting and Signage Improvement Project The Transportation Systems Division recommends award of the low bid to Gary Merlino Construction Company (GMCC) in the amount of $2,527,921.43. GMCC shall only proceed with Schedule A and B in the amount of $2,122,015.62. BACKGROUND: The project involves taxiway improvements to the Renton Municipal Airport. The project is primarily for a pavement overlay, but is to include drainage, lighting and signage removal and installation within the overlay area. This contract is for construction and requires an expenditure of $2,527,921.43, partially reimbursable through a Federal Aviation Administration (FAA) Airport Improvement Project (Alp) Grant, which has been secured from the FAA in the amount of $2,241,000. The bid opening for the subject project was held on May 27, 2003, at 2:30 p.m. Three (3) bids were submitted. The Engineer's Estimate for Construction Schedules A, B, C and D project cost is $2,531,205. Gary Merlin Construction Company, (GMCC) was low bid at $2,527,921.43 for Schedules A, B, C and D. The Transportation Systems Division has reviewed the low bid for completeness, inclusion of all required forms, acknowledgment of addenda, bid bond and mathematical correctness of the bid. There were no significant irregularities and all the paperwork appears to be in order. The low bid would be within the adjusted project budget of $3,275,000.00 subject to the availability of federal funding over the life of the project. Tl e' =Transportation Systems Division recommends award of the low bid to GMCC in the amount of $2,527,921.43. GMCC shall only proceed with Schedule A and B in the amount of $2,122,015.62. Authorization for GMCC to initiate work on Schedules C, and D will be 2003 Airport Taxiway rebid Memo to Bonnie Walton.doch:\ ..\Ieslic\Memo for Consultant selection-Perteet for 169.doc CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/DivBoard...City Clerk Staff Contact ........ Bonnie Walton SUBJECT: Bid opening on May 27, 2003, for CAG-03-037, Renton Municipal Airport 2003 Taxiway Lighting and Signage Improvements EXHIBITS: Staff Recommendation Bid Tabulation Sheet (three bids) OF: June 16, 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.. Expenditure�Required... $2,527,921.43 Transfer/Amendment.. Amount Budgeted........ $3,275,000.00 (entire project) Revenue Generated... SUMMARY OF ACTION: Project Estimate: $2,531,205.00 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 Gary Merlin Construction Company in the amount of $2,527,921.43. 'lie t ontrad&o shallbnl prod with Schedule A�-and B in -the amount of $2 22,015 6ZTAuthonzation for the contractor to rruttat '.v, -ork on Schedules .0 hand = viIl lie subject to:corifirmation from the Federal: Aviation Administration=ffiat federal furiding s' ,axailablgJ -complete the remaining chedixles. CITY OF RENTON COUNCIL AGENDA BILL ni r• Submitting Data: Planning/Building/Public Works Dept/Div/Board.. Transportation Division Staff Contact...... Ryan Plut, x7372 Subject: 2003 Lighting, Paving & Signage Improvement Project - Additional Funding for Construction Phase Exhibits: Issue Paper For Agenda of: May 12, 2003 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Refer to Transportation (Aviation) Committee Legal Dept ......... (May 15, 2003) Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... $1,050,000 Amount Budgeted....... $2,225,000 Revenue Generated......... $2,705,338 Total Project Budget $3,275,000 Ci Share Total Project.. $300,593 SUMMARY OF ACTION: The project involves taxiway improvements to the Renton Airport. The project is primarily for a pavement overlay, but is to include drainage, lighting and signage removal and installation within the overlay area. During the design of the project additional items of work were added by request of the Federal Aviation Administration that increased the cost of the project. These and other added costs require an additional expenditure of up to $1,050,000, ninety percent of which is reimbursable through a Federal Aviation Administration Airport Improvement Program grant. STAFF RECOMMENDATION: Transportation Division staff recommends that Council authorize the transfer of $1,050,000 from the Airport Reserve Fund to the 2003 Paving, Lighting and Signage Improvement Project. Rentonnet/agnbill/ bh CITY OF RENTON .4 PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 7, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council VIA: Mayor Jesse Tanner FROM: Gregg Zimmermak, administrator STAFF CONTACT: Ryan Plut, x7372 SUBJECT: 2003 Lighting, Paving & Signage Improvement Project - Additional Funding for Construction Phase ISSUE: The project involves taxiway improvements to the Renton Municipal Airport. The project is primarily for a pavement overlay, but is to include drainage, lighting and signage removal and installation within the overlay area. The construction phase of this project was included in the 2003 budget and requires an additional expenditure of up to $1,050,000, ninety percent of which is reimbursable through a Federal Aviation Administration Airport Improvement Program grant. RECOAEIIENDATION: The Transportation Systems Division recommends that Council authorize a transfer of $1,050,000 from the Airport Reserve Fund to the 2003 Lighting, Paving and Signage Improvement Project. BACKGROUND SUMMARY: The budget for this project had been previously set at $2,225,000 in the 2002 CIP. During design, additional items of work requested by the Federal Aviation Administration were identified for the construction phase that increased the costs of construction. In addition there was an identified need for a construction management contract. The additional cost breakdown is shown below: 1. Construction managenlent contract and NPDES permit: $170,000 2. Additional FAA requirements: $640,000 (dust covers, hold apron, additional lighting and slurry seal and asphalt) 3. FOD prevention, and phasing/equipment mobilization $240,000 Total Additional = $1,050,000 APPROVED BY I CtYY C®UNCIL TRANSPORTATION (AVIATION) COIVIlV =E I Date COMMITTEE REPORT MAY 2 2003 May .19, 2003 s o�iaCion Systems Div. 2003 Paving, Lighting & Signage Improvement Project - Additional Funding for Construction Phase (Referred May 12, 2003) The Transportation Committee ' concurs in stars recommendation. that 'Council authorize the .,transfer of $1,050,000 from the Airp e n e Airport 402 account for the 2003 Paving, Lighting and Signage Im eft . ject. A Fe Aviation Administration grant. will reimburse the City for nine rcentf fer .� Don Persson, Chair E 1 y, Ilk 7 (YY A Nelson,' Vice- erri brie , Member C:. Ryan Zulauf Connie Brundage CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Division June 23, 2003 Staff Contact...... Ryan Zulauf Agenda Status X-7471 Subject: Approval and Acceptance of FAA Airport Improvement Program Grant for 2003 Paving, Lighting and Signage Exhibits: FAA Airport Improvement Program Grant Resolution (Forthcoming) Recommended Action: Council Concur Consent ............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution............ X Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $3,275,000 Transfer/Amendment....... Amount Budgeted....... $3,275,000 Revenue Generated......... $2,240,385 Total Project Budget $3,275,000 City Share Total Project.. $ 248,932 SUAEMURY OF ACTION. - The Federal Aviation Administration has designated a $2,240,385 Airport Improvement Program grant to the Renton Airport for making improvements to the runway and taxiway pavement, lighting and signage. The project is primarily to perform pavement overlay, but includes drainage, lighting and sign removal and installation within the overlay area. STAFF RECOXMMNDATION: The Transportation Division staff recommends that Council authorize the Mayor and City Clerk execute the Federal Aviation Administration Airport Improvement Program Grant application, related documents, and approve the Resolution accepting the Federal Aviation Administration grant funding. DIV:Transp:Airport: RZ: ps CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 13, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the City Council VIA: Mayor Tanner FROM: Gregg Zimmermad; Administrator STAFF CONTACT: Ryan Zulauf, X-7471 SUBJECT: Approval and Acceptance of FAA Improvement Grant for 2003 Taxiway Paving, Lighting and Signage Project ISSUE: A maintenance project funded by the Federal Aviation Administration (FAA) is scheduled for Construction in the summer of 2003. The project involves taxiway improvements to the Renton Municipal Airport. The project is primarily for a pavement overlay, but is to include drainage, lighting and signage removal and installation within the overlay area. Acceptance of an FAA grant in the amount of $2,240,385 is necessary to help fund the project. RECOMII[ENDATION: The Transportation Division staff recommends that Council authorize the Mayor and City Clerk execute the Federal Aviation Administration Airport Improvement Program Grant application, related documents, and approve the resolution accepting the Federal. Aviation Administration grant funding. BACKGROUND: The Federal Aviation Administration has designated a $2,240,385 Airport Improvement Program grant to the Renton Airport for making improvements to the runway and taxiway pavement, lighting and signage. The project is primarily to perform pavement overlay, but includes drainage, lighting and sign removal and installation within the overlay area. Acceptance of a federal grant from the FAA is necessary to fund ninety percent of the construction costs for Schedules A and B, project design, project management and miscellaneous costs. cc: Leslie Lahndt Ryan Plut Sam Star Susan Campbell l CITY OF RENTON COUNCIL AGENDA BILL AI #: (" 0 Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems September 8, 2003 Staff Contact...... Keith Woolley, x-7318 Agenda Status Consent .............. X Public Hearing.. Subject: Budget Adjustment for Supplement Agreement with Correspondence.. Robert Bernstein, Inc. for NE 3`d/41h Street Corridor Ordinance ............. Study (CAG 01-191) Resolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Supplemental Agreement Information......... Sample Graphics (2 ages) Recommended Action: Approvals: Legal Dept......... X Refer to Transportation Committee Finance Dept...... Other....... . Fiscal Impact: Expenditure Required. $19,800 Transfer/Amendment... $19,800 from Project Dev. & Pre -Design Program (2003) Amount Budgeted... $ 0 Revenue Generated......... $ 0 Total Project Budget City Share Total Project.. $19,800 SUMMARY OF ACTION: The NE 3`d/41h Street Corridor Study involves developing a comprehensive set of street, traffic control, bicycle, and pedestrian improvements for this corridor. The existing contract with Robert Bernstein, Inc. provides a multi -modal design report that includes existing conditions, preferred improvements, an implementation plan and a preliminary cost estimate. A budget adjustment is needed to fund a contract supplement in order to develop a Corridor Layout Plan that, through an additional level of graphic (CADD) presentation, will show location specific improvements on essentially 5 % level design drawings. STAFF RECONIMENDATION: Transportation Systems staff recommends Council approve a budget adjustment in the Transportation Capital Improvement Fund (317) to transfer $19,800 from Project Development & Pre -Design Program (2003) into this project. H:\File Sys\TRP -Transportation Planning & Programming\TRP-10 -Transportation Planning Projects\NE 3rd4th\Financials NE 3rd4th\Supplement 1 Wgnbill NE 3rd-4th Supplement.doc:ps CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 20, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council VIA: Jesse Tanner, Mayor FROM: Gregg Zimmermal�, Administrator STAFF CONTACT: Keith R. Woolley (x7318) SUBJECT: NE 3rd-4`h Street Corridor Study CAG 01-191 ISSUE: Council approval is needed for a budget adjustment in the Transportation Capital Improvement Fund (317) to transfer $19,800 from Project Development & Pre -Design Program 2003 allocation to fund a supplement to this existing contract (CAG 01-191) with Robert Bernstein, Inc. in order to develop a Concept Layout Plan. RECOMMENDATION: • Council approve a budget adjustment in the Transportation Capital Improvement Fund (317) to transfer $19,800 from Project Development & Pre -Design Program 2003 allocation into this project. BACKGROUND SUMMARY: The NE 3'/NE 4`' Street Corridor Study involves developing a comprehensive set of street, traffic control, bicycle, and pedestrian improvements for this corridor. The resulting product of this study is the "NE 3rd/NE 4' Street Corridor Plan". This multi -modal design report will include an existing conditions analysis, a set of preferred improvements (for traffic control, access management, transit, pedestrian, bicycle and streetscape), an implementation -staging plan, and a preliminary cost estimate. As scoped in the existing contract, the consultant has developed conceptual plans and strip maps of the preferred improvements. In order for the community and City officials to better visualize the improvements, a Conceptual Layout Plan is needed. August 20, 2003 NE 3"/4`° Street Corridor Study Supplement Page 2 This Corridor Layout Plan will show location specific improvements on the corridor, essentially as 5 % level design drawings. Two attached sheets show the improved presentation quality of a sample Corridor Layout Plan. The Corridor Layout Plan will potentially generate revenue by enhancing transportation grant applications. Attachments H:\File Sys\TRP - Transportation Planning & Programming\TRP-10 - Transportation Planning Projects\NE 3rd4th\Financials NE 3rd4th\Supplement Mssue Paper NE 3rd4th Supplement.doc:ps � Washington State WI/ Department of Transportation Organization .and Address Supplemental Agreement Robert Bernstein, Inc. P.S. 507 18th Avenue East Seattle, WA 98112-4617 Agreement Number CAG-01-191 Project Number Phone (206) 325-4320 Project Title New Maximum Amount Payable NE 3rd-4th Corridor Study $ 134,244.00 Description of Work Develop inventory, conduct analysis, develop streetscape design, develop cost estimates, assist with public involvement and complete corridor study report. The Local Agency of City of Renton desires to supplement the agreement entered into with Robert Bernstein, Inc. P.S. and executed on 12/5/2001 and identified as Agreement No. CAG-01-191 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Corridor 1,ayou Plan - The Consultant shall prepare pXanhical representation of NE 3rd-4th Corridor Plan conceptual design details II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: . no change III Section V, PAYMENT, shall be amended as follows: Maximum amount payable for additional work under this supplement is . 19,800.00. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature DOT Forth 140-063 EF Revised 10/97 NE 3rd-4th Concept Layout Plan August 22, 2003 Page 1 Exhibit A NE 3rd-4th Corridor Layout Plan WORK SCOPE Purpose The purpose of the work described in this scope is to develop a concept layout and description that specify and illustrate the details of the recommended NE 3rd-4th Corridor improvement concepts. Approach Development of the NE 3rd-4th Corridor Concept Plan comprises two steps: (i) City staff and Consultants will collaboratively specify and finalize the details of the NE 3rd-4th improvement concepts, and (ii) the Consultants will prepare the necessary graphics and documentation. Task 1. Project Management Task 2. Prepare Concept Layout Prepare graphical representation of NE 3rd-4th Corridor Plan conceptual design details. BUDGET Robert Bernstein, P.E. Consulting Transportation Engineer/Planner - 1,1 l 1 , ,1 4 .ti l 1, 1 � 1 3�C0!8 6Y,�tiB i�Y�Log ro,apolligii" 1 O s z M M w 7c1 n = .. "O � � O fi^^ cn an ILL Bremerton - -2 _ - f _ Davall Ave NE : - 4(d'Ave NE ■ -a - Jericho Ave E _ Lyons Ave NE -- - .z - i f Nile Ave nl g rD r: atz CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building /Public Works Dept/Div/Board.. Transportation System Division Staff Contact...... Jason Fritzler (x 7243) Subject: Reallocation of Funds Lake Washington Boulevard Slip Plane Exhibits: Issue Paper TIP Document #52 2004-2009 2003 Reallocation Summary AI #: 10, D; -71 For Agenda of: September 8, 2003 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information ......... Recommended Action: Approvals: Transportation Committee Legal Dept......... Finance Dept ...... K4 Expenditure Required... $120,000 Transfer/Amendment....... $120,000 (Reallocation) Amount Budgeted....... $0 Revenue Generated......... $0 Total Project Budget $0 City Share Total Project.. SUMMARY OF ACTION: Due to recent accelerated ground movements, Coal Creek's sewer line distress, and roadway failures of a 200-foot section of Lake Washington Boulevard, a sense of urgency is being adopted by both the City and Coal Creek to remedy the landslide which reactivated in March of 2003. Consequently, the Coal Creek Utility District has finished the design of the new sewer line section and will begin construction shortly, leaving the City to construct a retaining wall. The City had originally planned on constructing the retaining wall in 2004 (currently included in the recently approved 2004-2009 TIP), however, waiting until 2004 to start the design process will increase the probability that roadway will fail before the wall is in place. According to the attached 2003 reallocation summary, the Transit Priority Signal System Program (2003-2008 TIP #6) currently has $870,500 budgeted. By the end of the year, the City will have completed all of its work within a total expenditure of approximately $745,500 (including contingency). This leaves an appropriation of $125,000 available for the Lake Washington Boulevard Slip Plane Project. The design will be completed by the end of the year and construction will commence in the beginning of 2004. The Slip Plane Project is a new project not previously approved for funding and is not in the 2003-2008 TIP document. STAFF RECOMMENDATION: The Transportation Division staff recommends that Council approve the reallocation of funds in the amount of $120,000 from the Transit Priority Signal System Program (2003-2008 TIP #6) to the Lake Washington Boulevard Slip Plane Project (2004-2009 TIP #52). It is also recommended that the project be added to the list of projects requiring expenditures in 2003. C:\Documents and Settings\mpetersen\Local Settings\Temp\Slip Plane Agenda Bill.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 25, 2003 TO Kathy Keolker-Wheeler, President Member of the Renton City Council jCs VIA:�iflJesse Tanner, Mayor FROM: Gregg ZimmermaY Administrator STAFF CONTACT: Jason Fritzler, x 7243 SUBJECT: Lake Washington Boulevard Slip Plane Project ISSUE: The Transportation Systems Division desires to acquire funding for a design contract with Golder Associates in the amount of $120,000 for the Lake Washington Boulevard Slip Plane Project (2004-2009 TIP #52). With Council approval, the funding for this new project will be achieved by taking $120,000 from the Transit Priority Signal System Program (2003-2008 TIP #6) 2003 appropriation and adding this to the Lake Washington Boulevard Slip Plane Project which is on the recently adopted 2004-2009 TIP. The overall 317 account 2003 appropriated budget of $6,661,200 will remain unchanged. RECOMMENDATION: Council approve the reallocation of funds in the amount of $120,000 from the Transit Priority Signal System Program to the new Lake Washington Boulevard Slip Plane Project. It is also recommended Council add this project to the list of projects requiring expenditures in 2003. BACKGROUND: After the March 2001 earthquake, Golder Associates had revealed to the City of Renton that the slope along Lake Washington Boulevard had moved. This was made clear by the large are shaped crack in the roadway. In March 2003 during a site visit, the Coal Creek Utility District expressed concern for their sewer line that had moved since the 2001 earthquake. Additionally, the crack in the southbound lane of Lake Washington Boulevard had become larger, both vertically and horizontally. As a result, the City of Renton requested that Golder Associates prepare a proposal to provide geotechnical engineering services to support the remediation of the landslide. Golder Associates was immediately put into contract with the City to explore and monitor the slide area. The result was the installation of two inclinometers (monitors movement), two piezometers (monitors water levels), and services from Golder Associates chief geologist. These instruments allowed for early warnings of possible and complete roadway failure. Lake Washington Blvd Slip Plane Project August 25, 2003 Page 2 of 2 Discussions between Jason Fritzler (City Project Manager), Tom Peadon (General Manager of Coal Creek Utility District), and Bob Plum (Senior Geotechnical Engineer) have been ongoing to arrive at a desirable resolution to please both Coal Creek and the City. It has been determined that the failing sewer line needs to be fixed immediately to prevent costly environmental issues and to prevent additional groundwater from entering the slip plane which can cause complete roadway failure. Once the new sewer line is in place, the City will follow with the construction of a 200-foot soldier pile wall to retain the slide area. Coal Creek has finished the design of the new sewer line section and is ready to go to ad within the next few months. As for the City's contribution, it is expected that Golder Associates will take 3-4 months for the design portion of the retaining wall and 2-3 months for ad and construction. H:Trans/Design/Jason/Projects/Lake WA Project/Lake Washington Blvd Issue Paper for Design CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 7nnd - �nno Cly_VCAD TID Lake Washington Boulevard Slip Plane Functional Classification: Principal Arterial Fund: 317 Proj. Length: N/A Proj: 12302 RANK: 52 CONTACT: Jason Fritzler 425.430,7243 DESCRIPTION: STATUS: Retain the failing slope on the west side of Lake Washington Boulevard and reconstruct both north and southbound lanes within the slide area. This project will be coordinated with the Coal Creek Utility District for the repair of their sewer line within the slide area. The project limits are along Lake Washington Boulevard from NE 51st St south 0.1 mile. JUSTIFICATION: CHANGES: Since the Nisqually Earthquake in 2001, the slope along the west side of Lake Washington Boulevard New project. A geotechnical consultant is in the process of monitoring the slope using (LWB) has been moving. Consequently, this has produced a large semi -circular crack in the inclinometers and piezometers. They will develop a report stating the location and size of southbound lane of LWB. Additionally, Coal Creek Utility staff has noticed that their sewer line has the slip plane, as well as develop proposed solutions to retain the slide. Funding shown moved with the slide. Attempts have been made to seal the cracks in the roadway and have been in 2004/2005 will be used to further define the problem and respond to emergency unsuccessful due to the rapid movement of the slide. situations. Funding partners are anticipated to complete a permanent solution. Project Totals Programme Pre-2004 [Funded: 1261,600 IUnFunded 13T87TOO Six=Year Program IT5M Programmed Spent In 2002 2003 Total 2004 2005 2006 2007 2008 2009 Project eve o ment , 00 000 00 Precon n min ,000 100,000 94,600 - -(includes min onstruction Gontract Fee 500,000 500,0-6,60 6 0 Construction n min 0 0, 00 Other TOTAL EXPENSES 640,000 14,600 625,400 100,000 147,000 378,400 SOURCES OF FUNDS: 1/2 Cent as Tax Business License Fee 150,000 100,000 50,000 Vehicle License Fee Grants In -Hand it ation In -Hand s orme Other In -Hand o be negotiated 97,005,000 97,000 Grants Proposed Mitigation ro ose s Proposed Other Flroosed Undetermined 0 378,400 378,400 140U L__ iuu,UOU[__ 147,0001 1 378,41JUI {YKIEI 01'/1M1000 pipe AM 5 - 52 FINAL V Transportation Division 2003 Reallocation Summary 2/14/03 TIP Project Title 2003 TIP Budget Change New Allocation Comment 1 Street Overlay Program $ 410,000 51,200 $ 461,200 Not expended in 2002. 2 Oakesdale Ave. SW Phase 2 $ 424,703 -324 703 $ 100,000 Project closeout. 3 Transit Program $ 80,000 -60 000 $ 20,000 Consultant deemed unncecessa ry 4 5 6 Walkway Program Transit Center Transit Priority Signal System $ 250,000 $ 10,000 $ 370,295 -200 000 10,000 500,205 ' $ 50,000 $ 20,000 $ 870,500 Program study. $$ will be available if needed. Not expended in 2002. Cost estimate for video has increased. Not expended in 2002. 7 SR167 / SW 27th St/ Strander By $ 10,000 $ 10,000 Strander Design $ 600,000 $ 600,000 8 Rainier Av / SR 167 $ 20,000 $ 20,000 9 10 SR169 HOV -140th to SR900 Duvall Ave NE $ 200,000 $ 630,878 50,000 -59 978 $ 250,000 $ 570 900 Not expended in 2002. Coordination with Parks and pool project needed. Reduced need due to schedule. 11 Renton Urban Shuttle RUSH $ 60,000 $ 60,000 12 Arterial HOV Program $ 10,000 $ 10,000 13 Trans -Valley & Soos Creek Corr. $ 10,000 $ 10,000 14 Bridge Inspection & Repair $ 40,000 $ 40,000 is Logan Av Brid a Seismic Retrofit $ 12,500 67,200 $ 79,700 Increase in contract cost estimate. 16 TDM Program $ 64,200 $ 64,200 17 Loop Replacement Program $ 20 000 15,000 $ 35,000 Not expended In 2002. 18 Sign Replacement Program- $ 7,500 $ 7,500 19 Pole Program $ 25,000 $ 25,000 20 Sunset/Anacortes Ave NE $ 31,660 -4,160 $ 27,500 Project closeout. 21 Lake Wash. By -Park to Coulon Pk $ 10,000 $ 10,000 22 Lake Wash. Bv-Coulon to NE 44th $ 20,000 $ 20,000 23 24 S. 2nd Street Safety Project Arterial Circulation Program $ 21,637 $ 200,000 181,663 $ 203,300 $ 200,000 Not expended in 2002. S. 2nd mast arms project billing to occur in Feb., 2003. 25 Project Develop ment/Predesi n $ 175,000 $ 175,000 26 WSDOT Coordination Program $ 20,000 -10 000 $ 10,000 Fewer 1-405 meetings than expected. 27 1-405 HOV Direct Access $ 30,000 $ 30,000 28 City Gateways $ 50,000 '-25,000 $ 25,000 1 % for the Arts contribution lower due to lower construction program. 29 Traffic Safety Program $ 40,000 75,000 $ 115,000 Not expended In 2002. 30 Traffic Efficienc Program $ 347,000 -208 500 $ 138,500 Delay purchase of controllers. 31 Arterial Rehab. Pro . $ 234,200 $ 234,200 TIP Project Title 2003 TIP Budget 32 33 Trans Concurren"W Missing Links Program $ 40,000 $ 30,000 3a Park -Sunset Corridor $ 5,000 35 RR Crossin Safe Pro $ 10,000 36 Interagency Signal Coord. $ 8,000 37 Environmental Monitoring $ 105,000 38 Bicycle Route Dev. Pro ram $ 201000 39 Rainier Av-SR 167 to S 2nd St $ 50 000 40 NE3rd / NE 4th Corridor $ 75 000 41 CBD Bike & Ped. Connections $ 105,000 42 Lind Av-SW 16th - SW 43rd $ 5,000 43 SW 7th St./Lind Ave SW $ 26,000 44 Benson Rd S / S 31 st St $ 140 000 45 Valley Connections to West $ 305,000 46 Oakesdale Ave SW Extension $ _ 47 South Renton Project $ 175,000. 48 NE 8th St - Union to Duvall $ 7 500 49 GIS Needs Assessment $ 10 000 50 NE 4th St/Ho uiam Av NE $ 400 000 51 Sunset/1-4051nterchan e $ 40,000 52 Trans Valley ITS $ 50,000 53 Grady Wv Approach at Rainier Av $ 620,000 sa Houser W S - Main to Burnett $ - Adjust to budget rounding $ 127 Total Project Coat$ Transportation Division 2003 Reallocation Summary New ;hange I Allocation -3 700 $ 36,300 $ 30,000 $ 5,000 Cost estimat 170,000 $ 180,000 $ 8,000 Not ex ende 45,000 $ 150,000 $ 20 000 Not expende 210,000 $ 260.000 $ 75 000 For com reh -80 000 $ 25,000 Smaller wor -127 Comment k a inzuu1. Kalroad determined 2003 schedule. d In 2002. ensive corridor study contract award. program anticipated in 2003. i in 2002. i In 2002. King County is lead In 2002. 2003. In 2002. Modeling work 2/14103 for North Renton land use scenarios. Division 2003 spending olan.xls CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. PBPW/Utility Systems/ Solid Waste Utility Staff Contact...... Linda Knight, ext 7397 Subject: King County -Suburban City Contract - Local Hazardous Waste - 2003 (Grant) Exhibits: Issue Paper dated August 20, 2003 King County -Suburban City Contract- Local Hazardous Waste - 2003 Resolution Recommended Action: Council Concur I Alit: WIG , I For Agenda of: 9/8/2003 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... 20,958.12 Transfer/Amendment....... Amount Budgeted....... 20,958.12 Revenue Generated......... 20,958.12 403/..... /018.5370.0060.41.000099 403/..... /018.5370.0060.10.000000 Total Project Budget 20,958.12 City Share Total Project.. 0.0 X X SUMMARY OF ACTION: The City of Renton adopted the Local Hazardous Waste Management Plan for Seattle -King County in November 1990 which guides the activities of the Local Hazardous Waste Management Program (Program). As a Program participant, the City has the option of implementing and receiving funding for household hazardous waste programs. In addition, the City may receive compensation for staff time spent representing Suburban Cities Association to the Plan. In 2003, we are eligible to receive $20,958.12 in reimbursement for such programs. This year's grant will fund targeted waste collection (Renton Recycle Days), Household Hazardous Waste Education school workshops, and staff representation costs. This grant is 100% reimbursable resulting in no cost to the City. Projects under this grant must be completed by 12/31/03. STAFF RECOMMENDATION: Staff recommends that the City Council approve a resolution authorizing the Mayor and City Clerk to execute the King County - Suburban City Contract - Local Hazardous Waste - 2003 which authorizes the City's Solid Waste Utility to receive $20,958.12 in funding from the Local Hazardous Waste Management Plan in Seattle King County. \\DAEDALUS\SYS2\SHARED\File Sys\SWU - Solid Waste Utility\SWU-09 - LHWMP\SWU-09-0018 - LHWMP Grants - 2003\2003Grant Agenda Bill.doc\LK\tb CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 25, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council VIA: �� Mayor Jesse Tanner FROM., Gregg Zimmerman, hministrator STAFF CONTACT: Linda Knight, Solid Waste Coordinator Ext. 7397 SUBJECT: King County - Suburban City Contract -Local Hazardous Waste - 2003 ISSI TR- Renton's Solid Waste Utility is eligible to receive $20,958.12 in non -matching grant funding for implementation of hazardous waste programs and reimbursement of travel and representation for suburban cities expenses in 2003 through the Local Hazardous Waste Management Program's Grants to suburban cities. RECOMMENDATION: Staff recommends that the City Council approve a resolution authorizing the Mayor and City Clerk to execute the King County - Suburban City Contract - Local Hazardous Waste - 2003 which authorizes the City's Solid Waste Utility to receive $20,958.12 in funding from the Local Hazardous Waste Management Plan in Seattle King County. BACKGROUND SUMMARY: The City of Renton is a participant in the Local Hazardous Waste Management Program (Program). The Program is supported by rates collected by local jurisdictions and grant funds. The 2003 Program budget allows for reimbursement to suburban cities opting to implement hazardous waste programs that comply with the Program. In addition, the Program allows the City to request reimbursement for travel and representation for suburban cities expenses incurred by staff and Council members serving on Program committees. August 25, 2003 Page 2 Currently, Councilmember Kathy Keolker-Wheeler, and Linda Knight, Solid Waste Coordinator, serve on two Program committees. In 2002, the Program initiated a subcommittee consisting of staff from each of the participants, including suburban cities to develop a new contract to administer the grant. Additionally, Kathy Keolker-Wheeler, representing the Management Coordinating Committee members participated on this committee. The previous Memorandum of Understanding had not been updated since the grant program's inception despite the fact that the Program had matured. The resultant King County - Suburban City Contract - Local Hazardous Waste - 2003 has been reviewed and approved by the City's Attorney, Larry Warren. 2003 LHWMP funding will be used for the Solid Waste Utility's Special Recycling Collection events (Recycling Days), Household Hazardous Waste Education school workshops, and expenses related to representation of suburban cities to the Program. H:\File Sys\SWU - Solid Waste Utility\SWU-09 - LHWMP\SWU-09-0018 - LHWMP Grants - 2003\2003 issuepaperAB.doc\LK\tb King County Contract No. D32789D Federal Taxpayer ID No. Department/Division Seattle -King County Department of Public Health City City of Renton Project Title Local Hazardous Waste Management Program Contract Amount $ 20,958.12 Fund Code Local Hazardous Waste Fund Contract Period From: January 1, 2003 TO December 31, 2003 KING COUNTY — SUBURBAN CITY CONTRACT — LOCAL HAZARDOUS WASTE — 2003 THIS CONTRACT is entered into by KING COUNTY (the "County"), and the City of Renton, whose address is 1055 South Grady Way, Renton, Washington 98055 (the "City"). WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCE FUNDING LEVEL EFFECTIVE DATES Local Hazardous Waste Fund $20,958.12 1/1/03—12/31/03 and WHEREAS, the County desires to have certain services performed by the City as described in this Contract, and as authorized by Ordinance No. 14517. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. 1 II. SCOPE OF SERVICES The City shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: Scope of Work and Responsibilities Budget/Invoice Certificate of Insurance DURATION OF CONTRACT Attached hereto as Exhibit I Attached hereto as Exhibit II Attached hereto as Exhibit III This Contract shall commence on the 1st day of January 2003 and shall terminate on the 31st day of December 2003, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. D32789D: City of Renton Local Hazardous Waste Management Program M. COMPENSATION AND METHOD OF PAYMENT' A. The County shall reimburse the City for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: Upon receipt of the invoice as set forth in Exhibit II, which complies with the budget set forth therein, for services completed in compliance `vith Exhibit I, Scope of Work. B. The City shall submit an invoice and all.accompanying reports as specified in the attached exhibits not more than 30 days after the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the City not more than forty-five (45) days after the appropriate invoice is received. C. The City shall submit its final invoice and all outstanding reports within 30 days of the date this Contract terminates. If the City's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the City of the amounts set forth in said invoice or any subsequent invoice. IV. OPERATING BUDGET When a budget is attached hereto as an exhibit, the City shall apply the funds received from the County under this Contract in accordance with said budget. The Contract may contain separate budgets for separate program components. The City shall request prior approval from the County for amendment to this Contract when the cumulative amount of transfers among the line items within each funding source's program budget is expected, by the end of the Contract period, to exceed 10% of the Contract amount for that program budget. "Cumulative transfers" shall be defined as the total amount of over -expenditures of individual line items within a specific program budget; the total amount for said specific program budget remaining unchanged. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. V. INTERNAL CONTROL AND ACCOUNTING SYSTEM The City shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, andgovernmental accounting and financial reporting standards. VI. MAINTENANCE OF RECORDS A. The City shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. These records shall be -maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. C. The City shall inform the County in writing of the location, if different from the City address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall D32789D: City of Renton Local Hazardous Waste Management Program notify the County in writing of any changes in location within ten (10) working days of any such relocation. VII. EVALUATIONS AND INSPECTIONS A. The City shall provide right of access to its facilities, including those of any subcontractor to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the City in the case of fiscal audits to be conducted by the County. B. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. C. The City agrees to cooperate with the County or its agent in the evaluation of the City's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. VIII. CORRECTIVE ACTION If the County determines that a breach of Contract has occurred, that is, the City has failed to comply with any terms or conditions of this Contract or the City has failed to provide in any manner the work or services agreed to herein, and if the Countydeems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the City in writing of the nature of the breach; B. The City shall respond in writing within ten (10) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) working days from the date of the City's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; C. The County will notify the City in writing of the County's determination as to the sufficiency of the City's corrective action plan. The determination of sufficiency of the City's corrective action plan shall be at the sole discretion of the County; D. In the event that the City does not respond within the appropriate time with a corrective action plan, or the City's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section X.B; E. In addition, the County may withhold any payment owed the Cityor prohibit the City from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section X, Subsections A, B, C, D, and E. 3 D32789D: City of Renton Local Hazardous Waste Management Program IX. ASSIGNMENT/SUBCONTRACTING A. The City shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the City not less than fifteen (15) days prior to the date of any proposed assignment. B. "Subcontract' shall mean any agreement between the City and a subcontractor or between. subcontractors that is based on this Contract, provided that the term "subcontract' does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. X. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section II, by providing the City thirty (30) days advance written notice of the termination. B. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the City matenally_breaches any duty, obligation, or service required pursuant t; to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection X.B.(I)., the City shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the City, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the City shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the City by the County. C. If expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II, the County may, upon written notification to the City, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide such further services. pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year are conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. D. The City may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. XI. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. D32789D: City of Renton Local Hazardous Waste Management Program XII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the City is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The City shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the City, its employees, and/or others by reason of this Contract. The City shall protect, indemnify, and save harmless the County, their officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the City's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the City of work, services, materials, or supplies by City employees or other suppliers in connection with or support of the performance of this Contract. B. The City further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the City, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. C. The City shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the City, its officers, employees, and/or agents in the performance of their obligations under this contract.. The City agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the City, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the City. The County shall protect, defend, indemnify, and save harmless the City, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, or agents in the performance of their obligations under this contract in the performance of their obligations under this contract. The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the City only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the City incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this agreement. D32789D: City of Renton Local Hazardous Waste Management Program XIII. INSURANCE REOUIREMENTS A. By the date of execution of this Contract, the City shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the City, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the City or subcontractor. The City may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. For All Coverages: Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the City warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made" form to an "occurrence" coverage form. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the City under this Contract. The City shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing. contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. B. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number (CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILUM. 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional. 3. Automobile Liability: In the event that services delivered pursuant to this Contract involve the transportation of clients by City personnel in City -owned vehicles or non -owned vehicles, the City shall provide evidence of the appropriate automobile coverage. Insurance Services Office form number (CA 00 01 Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto;" or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. 6 D32789D: City of Renton Local Hazardous Waste Management Program C. Minimum Limits of Insurance The City shall maintain limits no less than, for: 1. General Liability: 1 Million combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a 2 Million aggregate limit. 2. Professional Liability, Errors, and Omissions: 1 Million. 3., Automobile Liability: 1 Million combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation: Statutory requirements of the state of residency. D. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to, and approved by, the County. The deductible and/or self -insured retention of the policies shall not. apply to the City's liability to the County and shall be the sole responsibility of the City. E. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. General Liability Policies a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the City in connection with this Contract. b. To the extent of the City's negligence, the City's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees, or agents shall not contribute with the City's insurance or benefit the City in any way. c. The City's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County. F. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than ANIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any exception must be approved by King County. 7 D32789D: City of Renton Local Hazardous Waste Management Program If, at any time, the foregoing policies shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the City shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. G. Verification of Coverage The City shall furnish the County with certificates of insurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. H. Subcontractors The City shall include all subcontractors as insureds under its policies or shall furnish separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. Municipal Provisions If the City, as a Municipal Corporation of the State of Washington, is self -insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. XIV. NONDISCRIMINATION The City shall comply with all applicable federal, state and local laws regarding discrimination. XV. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES A. In accordance with the provisions of Washington Initiative 200, no County Minority and Women Business (M/WBE) utilization requirements shall apply to this Contract.. No minimum level of M/WBE subcontractor participation or purchase from M/WBE certified vendors is required and no preference will be given by the County to a bidder or proposer for their M/WBE utilization or M/WBE status. The completion of County M/WBE forms which may be included in the contract documents is not required. Provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply. B. During the term of this Contract, the City shall not create barriers to open and fair opportunities for M/WBEs to participate in all County contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the City shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any disability in an otherwise qualified disabled person. C. The City shall maintain, until at least 12 months after completion of all work under this contract, records and information necessary to document its level of utilization of M/WBEs and other businesses as subcontractors and suppliers in this contract and in its overall public and private 8 D32789D: City of Renton Local Hazardous Waste Management Program business activities. The City shall also maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Contract. The City shall make such documents available to the County for inspection and copying upon request. If this contract involves federal funds, City shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. D. King County encourages the utilization of minority owned businesses ("MBEs") and women - owned businesses ("WBEs")(collectively, "M/WBEs") in County contracts. The County encourages the following practices to open competitive opportunities for M/WBEs: • Attending a pre -bid or pre -solicitation conference, if scheduled by the County, to provide project information and to inform M/WBEs of contracting and subcontracting opportunities. • Placing all qualified small businesses attempting to do business in King County, including M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to M/WBEs and all other small businesses capable of performing the work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. • Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses including M/WBEs. • Establishing delivery schedules, where the requirements of this contract permit, that encourage participation by small businesses, including M/WBEs. • Providing M/WBEs that express interest with adequate and timely information about plans, specifications, and requirements of the contract. • Utilizing the services of available minority community organizations, minority contractor groups, local minority assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of M/WBEs. E. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the City may be subject to damages and sanctions provided for by contract and by applicable law. XVI. CONFLICT OF INTEREST A. The City covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract. The City shall take appropriate steps to assure compliance with this provision. B. If the City violates the provisions of Subsection XIX.A, the County will not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial . breach of this Contract and grounds for termination pursuant to Section X. above, as well as any other right or remedy provided in this Contract or law. 9 D32789D: City of Renton Local Hazardous Waste Management Program XVII. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XVHI. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be: A. In writing; and B. Directed to the chief executive officer of the City and the director/manager of the County department/division specified on page I of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIX. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the City. The City agrees to and does hereby grant to the County, irrevocable, nonexclusive, and royalty -free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the City which are modified for use in the performance of this Contract. . XX. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXI. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. 4 If the cost of recycled paper is more than 15% higher than the cost of non -recycled paper, the City may notify the Contract Administrator, who may waive the recycled paper requirement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. XXH. ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the. essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of beach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a 10 D32789D: City of Renton Local Hazardous Waste Management Program modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXIH. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The City and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44, 69.54, 70.02, 70.96A, 71.05, 71 A.10, 71 A.14, 71 A.18, 71.20, 71.24, and 71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder; the Basic InterCity Contract between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. KING COUNTY:. CITY: FOR - King County Executive Signature Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY September 20, 2002 Name (Please type or print) Date 11 D32789D: City of Renton Local Hazardous Waste Management Program Contract # D32789D EXHIBIT I — Scope of Work & Responsibilities CITY OF RENTON MEMORANDUM OF UNDERSTANDING ON THE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM FOR 2003 ACTIVITIES The Local Hazardous Waste Management Plan (hereafter referred to as the "Plan") as updated in 1997, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle -King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). The purpose of this Exhibit is to define the terms and conditions associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's. Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreementfurther defines the responsibilities of the City and Seattle -King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City. of Renton will organize two citywide Household Hazardous Waste Collection and Recycling Events. At these events the following materials will be collected and recycled: motor oil, oil filters, antifreeze, batteries, CFC appliances and other materials if determined to be cost effective. The City will also provide 15 one -hour hazardous waste reduction workshops to grades 1-6. Responsibilities of the Parties The responsibilities of the parties to this Contract shall be as follows: A. The Ci The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Contract Administrator: a) An invoice (see Exhibit II). Invoices should be sent to the Contract Administrator for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names, a description of services provided, date paid and a check or warrant number. 3. The City shall notify the Contract Administrator no later than December 15th regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. Contract # D32789D 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non -Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program - funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced — in part or in whole — with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Linda Knight at the City of Renton, 1055 South Grady Way, Renton, at (425) 430-7397, (Lknight@ci.renton.wa.us) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LHWMP Program Administrator for resolution. B. Seattle -King County Department of Public Health 1. Seattle -King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within forty-five (45) days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. C. Program Contacts Ken Armstrong LHWMP Program Administrator 150 Nickerson Street, Suite 100 Seattle, WA 98109 206-352-8163 ken.armstrong@metrokc.gov Paul Shallow LHWMP Contract Administrator 999 Third Avenue, Suite 700 Seattle, WA 98104. 206-296-4751 paul.sballow@metrokc.gov Contract 4 D32789D EXHIBIT II Budget/Invoice LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: The City of Renton 1055 South Grady Way Renton, WA 98055 To: Paul Shallow, LHWMP Contract Administrator Seattle -King County Department of Public Health 999 3rd Avenue, Suite 700 Seattle, WA 98104 Contract #D32789D Period of time:. , 2003 to , 2003. In performance of a signed Contract between King County and the City of Renton, I hereby certify that the following expenses were incurred during the above -mentioned period of time. Signature Date Component Description Budget Current Expenses Previous Charges Balance HHW Education $2,258.12 HHW Collection $11,700.00 Travel/Related Costs $7,000.00 TOTAL $20,958.12 FOR HEALTH DEPARTMENT USE ONLY Local Hazardous Waste Management Program Approval: Paul Shallow Date CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SUBURBAN CITY CONTRACT BETWEEN KING COUNTY AND THE CITY OF RENTON FOR THE 2003 LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM. WHEREAS, the City of Renton, as part of its solid waste utility, is required to manage hazardous wastes; and WHEREAS, the City of Renton, in achieving its management responsibilities concerning hazardous waste, has programmed certain activities for 2003; and WHEREAS, King County is willing to reimburse the City for certain hazardous waste management activities for calendar year 2003; and WHEREAS, the Local Hazardous Waste Management Program has funds available to assist the City in managing hazardous waste; and WHEREAS, it is necessary to document the terms and conditions under which such reimbursement will be made to the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into a contract with King County entitled "King County — Suburban City Contract — Local Hazardous Waste - 2003." 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.1004:8/21/03:ma Jesse Tanner, Mayor 4 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Planning/Building/Public Works Staff Contact...... Karen McFarland x7209 Greg Stroh x6614 Subject: Initiation of Surplus Property Procedure for Fire Station 12 located at 901 Harrington Ave NE Exhibits: Issue Paper Recommended Action: Council Concur Set Public Hearing Date of November 3, 2003 For Agenda of: 9/8/03 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other........... Parks/Facilities Fire Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Proiect Budget Citv Share Total Proiect.. SUMMARY OF ACTION: K1 Until recently, the property at 901 Harrington Ave. NE was used as Fire Station 12. In January 2001, the property located at 1209 Kirkland Ave NE was purchased for the relocation of Fire Station 12. The City is currently constructing the new fire station on this site. Thus, the property located at 901 Harrington Ave. NE will no longer be needed by the City of Renton once the construction is completed. In order to sell this property, this property needs to be declared surplus. STAFF RECOMMENDATION: The Planning/Building/Public Works Department requests the City Council to approve the initiation of the Surplus Property Procedures (Policy & Procedures 100-12), authorize Property Services to order an appraisal, and set a public hearing on this matter for November 3, 2003. H:\File Sys\PRM -Property Services Adinitustration\Current Projects\Surplus\FireStationl2\ab_firestl2_0803.doc\KLM\tb CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 21, 2003 TO: Kathy Keolker-Wheeler, President City Council Members VIA: 3U Mayor Jesse Tanner v FROM: Gregg Zimmermar6A Zinistrator Planning/Building/Public Works Department STAFF CONTACT: Karen McFarland (x7209) Gregory Stroh (x6614) SUBJECT: Initiation of Surplus Property Procedure for Fire Station 12 Located at 901 Harrington Ave NE ISSUE: Until recently, the property at 901 Harrington Ave. NE was used as Fire Station 12. In January 2001, the property located at 1209 Kirkland Ave NE was purchased for the relocation of Fire Station 12. The City is currently constructing the new fire station on this site. Thus, the property located at 901 Harrington Ave. NE will no longer be needed by the City of Renton once the construction is completed. In order to sell this property, this property needs to be declared surplus. RECOMMENDATION: • The Planning/Building/Public Works Department requests the City Council to approve the initiation of the Surplus Property Procedures (Policy & Procedures 100-12), authorize Property Services to order an appraisal, and set a public hearing date on this matter for November 3, 2003. BACKGROUND SUMMARY: On January 23, 2001, the City purchased a property located at 1209 Kirkland Ave NE for a future fire station. Fire Station 12 will be relocated from the city -owned property located at 901 Harrington Ave. NE to the property located at 1209 Kirkland Ave NE upon completion of construction anticipated to be December 2003. Thus, the property located at 901 Harrington Ave. NE will no longer be needed by the City of Renton. In order to sell this property, this property needs to be declared surplus. The City's Policy and Procedure 100-12 sets forth the process for declaring City -owned property to be surplus property. Initiation of the process requires City Council approval. Upon approval, August 21, 2003 Page 2 Council must authorize that an appraisal be ordered and set a public hearing date as nearly as possible to 60 days of this approval. At the conclusion of the public hearing and approval of the matter, Council shall declare the property to be surplus to the needs of the City of Renton and adopt a resolution which makes this declaration and which sets the amount of compensation. Upon adoption of such resolution, the property will be offered to other City departments, local governmental agencies, abutting property owners and any parties having expressed interest in the property. If the property is not sold, the property will be advertised for sale for one week following the public hearing using a sealed bid process. The highest and best offer received during the two weeks following this advertisement will be accepted. If the property is not sold during this.bid process, marketing will continue on a first -come, first -served basis. H:\File Sys\PRM - Property Services Administration\Current Projects\Surplus\FireStationl2\ip_firestl2 0803.doc\KLM\tb (�9i/l�pyicp(O�C[, 9//03 ,to 6/ From: Citizens to Council Via Clerk To: t.bovey Date: Thu, Aug 28, 2003 8:14 AM Subject: Re: Dog Parks Dear Mr. Bovey: Thank you for your email to the Renton City Council in support of regional and city off -leash dog parks. Copy has been forwarded to each Councilmember for review and consideration. The subject of off -leash dog areas is currently under review by City Council, and the matter has been referred to the Committee of the Whole for further consideration. Committee meetings are working sessions of council, however, the public is welcome to attend. The Council secretary will let you know when the Committee will next meet on this subject. After the Committee has completed its review of the subject, a recommendation will be made at a regular Council meeting. If I can be of further assistance, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "t.bovey" <t.bovey@attbi.com> 08/28/03 06:33AM >>> Dear Council Members, The purpose of this message is to let you formally know I fully support establishing regional Off Leash Area's and subsequent Off Leash facilities in Renton. We fully expect, and thank you for, your support! Tim Bovey, ChFC 920 Kirkland Ave NE Renton, WA 98056 . glg/2oo3 City of Renton September 2, 2003 City Clerk 1055 South Grady Way CITY OF RENTM4 Renton WA 98055 Attention: Public Safety Committee This letter is in answer to your request for further information regarding the Kennydaie Lions"� Clubs' disbursement of earnings from the sale of fireworks As stated in the attached e-mail, ALL monies earned through public fundraisers are to be returned to the public per Lions Clubs International dictate. 100% of the funds taken in from fireworks are put back into the community. Over the last five years, our Club has netted between $2,200 and $3,600 with an average of $2,750 per year. Annually, expenditures made by the Club specifically toward Renton community groups and activities is as follows: Groups and activities included as line items in our annual budget — in excess of $3,000. This includes Boy Scouts; Cub Scouts; boys & girls little league baseball and Five Star football programs; Hazen High School scholarships ($2,000); Renton Clothing Bank; Dinners at Senior Center; and financial assistance for glasses and hearing aids. "Community Services" line item in our annual budget- over $1,000. Groups and activities that fall into this catch-all category include Adopt -a -Family (holiday food & gift basket); Highlands Community Association (community picnic - $500); and the Lion's Health Screening Van (funding unit for Renton River Days). And each year, our Club gets requests for funding for various individuals or groups that we find are worthy of a donation from our funds - over the last few years we have given over $5,000 Donations have gone towards sending 2 youngsters with diabetes to a summer camp ($500); helped two blind Renton residents obtain a leader dog ($1,750); provided funding to the Renton School District to purchase defibrillators ($1,500); and made a major contribution to the Renton Veteran's Memorial. As you can see, our funding for the items listed above exceed our annual earning from fireworks. These expenditures come at different times of the year and we do have other fundraisers that bolster our coffers. What I would like to point out is that the above list of donations, contribution and funding expenditures are made exclusively to individuals, groups, organizations and even agencies within the City of Renton. d, I believe it is important to relate to those that are in opposition to the sale of fireworks within the City of Renton, that the organizations that sell fireworks here in Renton are using the monies to provide for youth activities either through churches or sports organizations, and many other programs that are an important part of the community are funded in part by the sale of fireworks. By removing yet another funding source for these much needed and wanted activities and programs within our community, our citizens will have to find another benefactor or go without. Is that what we want? Thank you for your realization that the banning of fireworks does have a negative impact on the community. With the number of stands and the amount of sales, isn't that an indication that there is a substantial number of citizens who are in favor of fireworks? Please don't rely on a small number of vocal and persistent citizens to dictate how a majority of community feels about the use of the legal, safe and sane fireworks. Sincerely, Norman G. Wilcox Vice President Kennydale Lions Club PO Box 2153 Renton WA 98056 attachment This e-mail is in answer to a request made my members of the Public Safety Committee during a meeting on July 14 to give the members an indication of where monies earned through the sale of fireworks go. The Kennydale Lions Club (formerly Renton Highlands Lions) has been kicking off their fiscal year by selling fireworks as our first major fundraiser each June. We have been doing this for the past thirty or so years. Please be informed that ALL monies earned through public fundraisers are to be returned to the public per Lions Clubs International dictate. 100% of the funds taken in from fireworks are put back into the community. The following is a partial list of recipients of those funds: Adopt -a -Family — Numerous families in Renton have benefited through our donations of food, clothing and age appropriate gifts to families in need during the holiday season. Boys & Girls Little League Baseball/Softball — Sponsorship of these teams has kept both boys and girls active during the summer. Our funds provide for equipment and uniforms. Boy Scout Troop 490 — We sponsor and charter the Troop, provide funding for adult training and occasionally fund a scout for either leadership training or a stay at camp. Cub Scout Pack 490 — We sponsor and charter the Pack, provide funding for adult training and uniforms for a cub that can not afford one. Diabetes Camp — Recently, our Club provided the funding for two children to attend a week-long camping experience that is not normally available to someone who requires insulin injections and monitoring. This unique camp is specifically for those children. Education is also part of their camp experience; they learn about their disease and the many ways to deal with it either through diet or drugs and they learn that they are not alone. But best of all, they get to do the "summer camp" thing. Hazen High School Scholarships — Our Lions Club presents two $1,000 scholarships each year to a graduating senior going on to college and we make available an additional $1,000 to a Hazen High graduate attending Renton Technical College. Highlands Community Association — our club has donated funds annually for the association's main summer gathering (TrestleFest and more recently the HCA Picnic). Leader Dogs For the Blind — Our club has provided funding not only to the organization, but also towards the expansion of the training facilities where both the dogs and the blind individuals are housed during the week-long regimen to bring them together as one. We have sponsored two people from the Renton community that have received a Leader Dog. Lions Health Screening Van — In a team effort with the other two Lions Clubs in Renton, we provide funding for the Health Screening Van to come during the Renton River Days celebration. This unit has the capability to screen visitors for diabetes and glaucoma, checks blood pressure, eyesight and hearing. Any deviations from norms are noted and the visitor is advised to visit a health care practitioner at their earliest convenience. Renton Clothing Bank - Our Club makes an annual donation to this organization to help defray the costs of their day-to-day operations. Renton Sailing Club — This group provides sailing lessons at Coulon Park during the summer. Oft times they give lessons to groups of underprivileged kids in the community and provide a basis for numerous Scouts to earn merit badges. When they had a need to replace worn-out lifejackets, our Club presented them with the funds to purchase the vests. Renton School District — the District recently needed help in completing funding to provide defibrillators in nine of their facilities. Our Club donated $1,500 to finish the approximately $23,000 that was needed. Senior Dinner — we provide an annual event at Evergreen Terrace by furnishing a meal, entertainment and company to the residents. Sight / Glasses — When a member of the Renton Community requires glasses, either a new pair or the repair of existing or has a need to see a doctor but can't afford one, our Club steps up and provides funding to help these people get what they need. Hearing Aids — The same holds true for someone requiring hearing aid repair, replacement or screening and ultimately fitting and purchase of a new unit, our club will help fund the need. Spinoza Bear — This unique gift of a stuffed, talking bear has been presented to both a specific child by our Club and to Children's Hospital for their dispensing to a child who has a life terminating illness. These bears have a tape player in them that plays inspirational and motivational tapes to help the children cope with what is happening to them. The bears are allowed into every room in the hospitals, even an operating room. These bears are the one companion that the child has in all aspects of their stay in the hospital. Veteran's Memorial of Renton — Our Club was one of the major contributors that brought to fruition the Veteran's Memorial which was recently dedicated in downtown Renton. Also, our Club has several members and former members that now have had in their names as part of the memorial. These plaques were donated by the Club. CGTV COUNCIL FINANCE COMMITTEE REPORT 8 SeptemberX, 2003 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on September 2, 2003, claim vouchers 218203- 218733 and 3 wire transfers, totaling $2,532,638.33, and 571 direct deposits, payroll vouchers 45960-46286, and 1 wire transfer, totaling $1,805,726.63 . King Parker, Chair Don Persson, Member FINANCE COMMITTEE REPORT September 8, 2003 APZ7�'Povc-o BY C57 COUNCIL Date - - 003 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on September 8, 2003, claim vouchers 218734- 218990 and 2 wire transfers, totaling $2,864,291.61 , and 565 direct deposits, payroll vouchers 46287:W-5;-a 1 wire transfer, totaling $1,787,199.27 . King Parker, Chair Don Persson, Member COMMUNITY SERVICES COMMITTEE COMMITTEE REPORT September 8, 2003 Clean -Up Report Q � !! COUNCIL Data 9 aoo3 The Community Services Committee recommends that the following Committee Referrals be closed: #1735 —Renton Civic Theatre Request for Promotional and Financial Assistance. This matter was taken into consideration as part of the 2003 Budget discussions. #1568 —Tree Replacement Funding. The, Committee met toYdscuss this issue and has decided not to make any formal changes to the way staff currently l and%ft this issue, on a case -by -case basis, at this time. Y. f � 8 - F s.3 i t King Parker, Vice Chair andy Co ember cc: Dennis Culp Gregg Zimmerman Public Hearing September 8, 2003 2004 Renton Community Development Block Grant (CDBG) Contingency Plan The Human Services Advisory Committee (HSAC) recommends adoption of the following contingency funding plan should the amounts available for 2004 allocation increase or decrease: Communitv Development Block Grant Public Services If there is an increase in CDBG public services funding of less than $5,000, the HSAC recommends the increase in funding be distributed equally to the six agencies receiving funding. Should the increase be greater than $5,000, the Committee recommends funding the Institute for Family Development's PACT program to a maximum of $8,000. Funds in excess of that will be distributed proportionately to the already funded programs except PACT, with a maximum amount not to exceed the amount requested in their application. If there are any remaining funds after the above distribution, the Committee recommends Community Health Centers of King County receive the balance for the dental program. If there is a decrease in the public services funding, the Committee recommends agency funding be decreased proportionately. Community Development Block Grant Capital Funding If there is an increase in CDBG Capital Funding, the Committee recommends funds be carried over to the 2005 CDBG program year unless the HSAC requests new applications/concept papers for funds and/or additional Council action is taken to allocate funds. If there is a decrease in CDBG Capital Funding, the Committee recommends the decrease be applied proportionately to all funded projects. Planning & Administration Any additional funds for Planning & Administration activities will be allocated to cover existing administrative costs for the Renton CDBG program. Funds not used for administration of Renton's CDBG program will be applied toward the cost of updating Linkages, Renton's Human Services Needs Assessment, and analysis and dissemination of 2000 census data. If there is a decrease in Planning & Administration funds, funding for Planning & Administration will be decreased by that amount. COMMUNITY SERVICES COMMITTEE REPORT September 8, 2003 APPPIOVED BY CITY COUNCIL a Data 9 4 L& 2004 Community Development Block Grant Funding Recommendations (Referred August 4, 2003) The Community Services Committee concurs with the Human Services Advisory Committee recommendation that 2004 Community Development Block Grant funds be distributed as shown. Community Development Block Grant Public Services: Communities in Schools of Renton $15,000 Community Health Centers of King County $15,000 Domestic Abuse Women's Network $10,000 ElderHealth NW/Connectiori­�� $ 9,715 Emergency Feeding Programs y $14,000 Visiting Nurse;'services,,of the, NW r $ 8,000 Community DevelopmentBiockGrant Capital City of Renton Housing Repair Assist Multi -Service Center King Cointy Major Housing Repair=' Planning & Administration: The Committee also recommends adoption of the 20( proposed in Attachment King Parker, Vice -Chair Rjndy Corman, Member CC: Dianne Utecht Karen Bergsvik ,Progrfin„$205,250 $ 60,000 am 50,000 SL ' 54,575 DA Gontinizencv Plan as TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT September 8, 2003 Approval of AirO, Inc. Ground and Building Lease (August 21,2003) cc: Connie Brundage Susan Campbell APPVED BY QTV COUNCIL ®ate ?7 A'O03 Committee Report 8-21-03.doc\ rev 01/02 bh PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT September 8, 2003 A7'P7 R 0 V ED BY MY COUNCIL Data Highlands Redevelopment Area Residential -Oriented Code Amendments (May 13, 2002) The Planning & Development Committee met on July 17t11, August 7th, and September 4th to consider the Planning Commission's recommended approval of code amendments to Title 4 that are designed to encourage new residential development in the Highlands. The Planning Commission recommends allowing up to 80 dwelling units per net acre maximum bonus density and urban parking standards within the existing Residential Bonus District in the Highlands Redevelopment Area in exchange for higher design standards and on -site open space requirements. A public hearing was held on this matter on August 4, 2003. Subsequent Planning & Development Committee meetings discussed; ways to mitigate for shadow impacts of taller residential buildings allowed under, the staff proposal. The Committee recommends concurrence in staff s recommendation -to add -a provision that reduces height to no more than 45 feet within 80 feet of a property zoned R-8 or, R-10 within the Center Suburban zone's District C of the Suburban Centers Residential Bonus Overlay The Committee concurs with'the; Planning ;Commission recommendation on amendments to Title 4 encouraging residential redevelopment with the modification-14hat height restrictions be imposed for residential, comniereial;.arid mixed -use development to the areas within 80 feet of R-8 and R-10 zones within the `Highlands Redevelopment,'Area. The Committee recommends presenting the amended ordinance regarding this matter for first reading. Terri Bri e, Chair xmg rarxer, iviemner cc: Alex Pietsch, EDNSP Administrator Gregg Zimmerman, PB/PW Administrator Neil Watts, Development Services Director Rebecca Lind, Planning Manager Jennifer Henning, Principal.Planner Susan Fiala, Senior Planner Gil Cerise, Senior Planner 3rd-p&d corn rep Highlands Residential.rpt.doc\ Rev 01/02 bh APPROVED DY CETY COUNCIL Date - 8'- a003� PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT September 8, 2003 Real Estate Sign Code Amendments (Referred December 9, 2002) The Planning and Development Committee met to review and discuss potential revisions to the real estate sign code regulations established in Title IV. Currently, City code limits the height and location of real estate signs throughout the City. However, in an effort to make the code more in -line with current practices, easier to use, and more enforceable, staff has proposed to amend this section of Title IV. The Committee recommends that a public hearing to discuss,the real estate sign code amendments be King Parker, Member cc: Gregg Zimmerman Alex Pietsch PLANNING AND DEVELOPMENT COMMITTEE public hearing report #1\ Rev 01/02 bh CITY OF RENTON, WASHINGTON RESOLUTION NO. -54 5 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A HEARING DATE TO VACATE THE ALLEY LOCATED SOUTH OF S. 2ND ST., BETWEEN WILLIAMS AVENUE S. TO THE WEST AND WELLS AVENUE S. TO THE EAST (SAVREN SERVICE CORPORATION) (VAC-03-002). WHEREAS, a Petition has been filed with the City Clerk of the City of Renton on or about July 30, 2003, pursuant to the requirements of RCW 35.79, petitioning for the vacation of a portion of a certain street, as hereinafter more particularly described, and said petition having been signed by the owners of more than two-thirds (2/3) of the property abutting upon a portion of said street sought to be vacated, and same being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (The alley running north to south, south of S. 2nd Street, between Williams Avenue S. to the west and Wells Avenue S. to the east.) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. That the 6`h day of October, 2003, at the hour of 7:30 P.M. at the City Council Chambers at City Hall, Renton, King County, Washington, be and is hereby fixed as the time and place for a public hearing to consider the aforesaid Petition for vacating the aforesaid alley running north to south, south of S. 2nd Street, between Williams Avenue S. to the west and Wells Avenue S. to the east, which said hearing date is not more than sixty nor less than twenty days from the date of passage of this Resolution. SECTION II. The City Clerk is hereby authorized and directed to give notice of said time and date of the hearing as provided in RCW 35.79.020 and any and/or all persons interested therein or objecting to said vacation may then appear and be heard thereon, or they 1 RESOLUTION NO. may file their written objections thereto with the City Clerk at or prior to the time of hearing on said vacation. SECTION III. The City Council shall determine, as provided in RCW 35.79.030, as to whether an appraisal shall be secured to determine the fair market value of the property sought to be vacated as provided for in Ordinance No. 4266, and the amount of compensation to be paid by the Petitioner -Owners to the City for such vacation. The City likewise reserves the right to retain an easement for public utility and related purposes. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1009:9/3/03:ma Bonnie I. Walton, City Clerk day of Jesse Tanner, Mayor 2003. 2003. EXHIBIT A LEGAL DESCRIPTION STREET VACATION VAC-03-002 The east 8.00 feet of Lots 1, 2 and 3 and the West 8.00 feet of Lots 18, 19 and 20, Block 22, Town of Renton, according to the plat thereof, as recorded in Volume 1 of Plats, Page 135, records of King County, Washington, described as follows: Commencing at the northwest corner of said Lot 1; Thence South 89°53'56" East along the north line thereof, a distance of 112.13 feet, more or less, to the west line of the east 8 feet of said Lot 1 and the True Point of Beginning; Thence continuing South 89°53'56" East along said north line and the north line of said Lot 20, a distance of 16.00 feet, to the east line of the west 8 feet of said Lot 20; Thence South 00°00'52" East along said east line of the west 8.00 feet of said Lots 20, 19 and 18, a distance of 150.04 feet, more or less, to the south line of said Lot 18; Thence North 89°53'55" West along said south line of Lot 18 and along the south line of said Lot 3, a distance of 16.00 feet to the west line of the east 8 feet of said Lot 3; Thence North 00°00' 52" West along said west line of the east 8.00 feet of said Lots 3, 2 and 1, a distance of 150.04 feet, more or less, to the True Point of Beginning. ALL SITUATE in the Southwest Quarter of Section 17, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE LEGAL DESCRIPTION SHALL PREVAIL. 0 S. 2ND STREET o N89'53'56"W n 16,00' �- S89'53'56"E 112.13' - N89'53'56"W 112.13' 1 20 I 30' 30' I I 30' 0 0 0 o vi I 2 19 L> I L I I > - N to LLJ o 0 _Q I 3 0 0 18 Q i J Z Z S897E3'S5"E E 12.09' 4 I 56.0017 3'55"E i I TO��v 0 1 6 F �I J 30' SCALE: 1 " = 50' 0 25 50 100 TRIAD ASSOCIATES _" 11814 115th Ave. NE Kirkland, WA 98034-6923 MANAGER: GO DESIGNED: CADD: AJ CURCKED: 8C DATE: 8-20-OJ SCALE: NORM: 1'-50' 4ERT.: JOB NUMBER 03-128 SHEET NUMBER 1 OF 1 3 -a J ��tM " ' CITY OF RENTON, WASHINGTON RESOLUTION NO. S453" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT ENTITLED "AGREEMENT REGARDING DEVELOPMENT AND OPERATION OF A GRANDVIEW PARK OFF -LEASH DOG AREA." WHEREAS, King County and a number of cities have participated in the off -leash task force for the purpose of developing and managing a regional dog off -leash area/park; and WHEREAS, the Grandview Park area has been chosen as such an off -leash park; and WHEREAS, it is necessary to establish each city's participation in the financing, ownership, construction, and maintenance of such off -leash dog park; 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 the interlocal agreement entitled "Agreement Regarding Development and Operation of a Grandview Park Off -Leash Dog Area." PASSED BY THE CITY COUNCIL this day of Bonnie I. Walton, City Clerk 2003. 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1005:9/3/03:ma 2003. CITY OF RENTON, WASHINGTON RESOLUTION NO. 46 6-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE ADMINISTRATION TO COMPLETE AND FILE AN APPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION FOR A GRANT FOR. THE RUNWAY/TAXIWAY LIGHTING, PAVING AND SIGNAGE PROJECT, AND SUBSEQUENT CONTRACTS RELATING TO THE GRANT. WHEREAS, the City of Renton maintains a municipal airport; and WHEREAS, it is necessary to make certain improvements to the runways, taxiway lighting, paving and signage; and and WHEREAS, the Federal Aviation Administration has grant funds available for such work; WHEREAS, it is necessary to file a grant application with the Federal Aviation Administration; and WHEREAS, that grant application requires that the governing body of the City authorize the filing of this grant; 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 sign the Federal Aviation Administration grant application for the runway/taxiway, lighting, paving and signage project, and any subsequent contracts related to the grant. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.1008:9/3/03:ma day of , 2003. Bonnie I. Walton, City Clerk day of , 2003. Jesse Tanner, Mayor 2 r CITY OF RENTON, WASHINGTON RESOLUTION NO. •US�7 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SUBURBAN CITY CONTRACT BETWEEN KING COUNTY AND THE CITY OF RENTON FOR THE 2003 LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM. WHEREAS, the City of Renton, as part of its solid waste utility, is required to manage . hazardous wastes; and WHEREAS, the City of Renton, in achieving its management responsibilities concerning hazardous waste, has programmed certain activities for 2003; and WHEREAS, King County is willing to reimburse the City for certain hazardous waste management activities for calendar year 2003; and WHEREAS, the Local Hazardous Waste Management Program has funds available to assist the City in managing hazardous waste; and WHEREAS, it is necessary to document the terms and conditions under which such reimbursement will be made to the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into a contract with King County entitled "King County — Suburban City Contract — Local Hazardous Waste - 2003." 1 RESOLUTION NO. X PASSED BY THE CITY COUNCIL this day of , 2003. APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES. 1004:8/21/03:ma Bonnie I. Walton, City Clerk day of Jesse Tanner, Mayor 2003. 2