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HomeMy WebLinkAboutCouncil 09/15/2008 AGENDA RENTON CITY COUNCIL REGULAR MEETING September 15, 2008 Monday, 7 p.m. 1. .CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Constitution Week- September 17 to 23, 2008 4. SPECIAL PRESENTATION: Police Department Promotions and Recognition 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED 7. CONSENT AGENDA 1/4000, The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 9/8/2008. Council concur. b. City Clerk reports bid opening on 9/5/2008 for CAG-08-125, Citywide Walkway Improvements, 12 bids; engineer's estimate$492,220.22; and submits staff recommendation to award the contract to low bidder, End General Construction, Inc., in the amount of$428,435.35. Council concur. c. Community Services Department requests authorization to execute a purchase and sale agreement with Russell L. Bucklin to purchase 6.7 acres of land located in the May Creek Greenway, adjacent to Jones Ave.NE, and authorization to execute an amendment to CAG-90- 029, Conservation Futures Interlocal Cooperation Agreement with King County,to accept $200,000 in grant funding for the purchase. The City's match is estimated at$240,000. Refer to Finance Committee. d. Community Services Department requests authorization to execute a purchase and sale agreement with 4A Development Corporation to purchase 3.66 acres of land located east of the Panther Creek Wetlands, and authorization to execute an amendment to CAG-90-029, Conservation Futures Interlocal Cooperation Agreement with King County, to accept$100,000 in grant funding for the purchase. The City's match is estimated at$100,000. Refer to Finance Committee. e. Hearing Examiner recommends approval,with conditions,of the Lake Washington View Estates Preliminary Plat(PP-08-057); 13 single-family lots on 5.53 acres located on the 4200 block of Lake Washington Blvd. N. Council concur. f. Public Works Department recommends approval to establish the cost contribution toward Capital Improvement Projects for properties in which frontage improvements have been deferred by Lier restrictive covenant. Refer to Transportation(Aviation)Committee. (CONTINUED ON NEXT PAGE) g. Transportation Systems Division recommends approval of an agreement in the amount of $42,908 with King County Department of Transportation to provide Commute Trip Reduction services to 24 affected employers in the City of Renton for 2008-2009. Council concur. (See 9.a. for resolution.) 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: Human Services Funding; Planning Commission Appointment; Pre-Disaster Mitigation Grant b. Utility Committee: Purchase of Cyberlock® Security System 9. RESOLUTIONS AND ORDINANCES Resolution: a. Agreement with King County for Commute Trip Reduction services (See 7.g.) Ordinances for second and final reading: a. Towing Operations/Auto Impoundment Yards docket amendment(1st reading 9/8/2008) b. 2008 Budget amendment re: Public Works Department positions reclassification(1st reading 9/8/2008) c. Amending the regulations relating to granting of franchises (1st reading 9/8/2008) d. Granting Comcast a cable television franchise amendment/extension(1st reading 9/8/2008) e. 2008 Budget amendment re: Accepting FEMA grant funds for surface water facilities(1st reading 9/8/2008) f. Speed limit increase on Edmonds Ave. SE(1st reading 9/8/2008) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7th Floor Council Chambers 5:00 p.m. Capital Budget Priorities; Solid Waste Contract • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • Li CITY COUNCIL MEETINGS.ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.ATIIAM&9PM,WED.&FRI.AT9 AM&7 PM AND SAT.&SUN.ATI PM&9PM Y CITY OF RENTON ® 46 + Denis Law, Mayor P r W herea,', September 17, 2008, marks the two hundred twenty-first anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and W he rea4- it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations commemorating the occasion; and Whereat, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; Ndw, ther'e#b-re% I, Denis Law, Mayor of the City of Renton, do hereby proclaim September 17-23,2008, to be Cltcc ee,k/ in the City of Renton, and I encourage all citizens to join me in this special observance. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 15th day of September, 2008. apop / ) 4 i r,tilf,` F.;,e Denis Law Mayor of the City of Renton, Washington zt 4 4416100, RENTOIN 1055 South Grady Way-Renton,Washington 98057-(425)430-6500/FAX(425)430-6523 is OF THE CUF'vE ¢ )The paper, coniains 50%rectGed materiel, ,0%cosi consumer CITY OF RENTON COUNCIL AGENDA BILL AI#: / b Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk September 15, 2008 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on September 5, 2008, for CAG-08-125, Correspondence.. Citywide Walkway Improvements Project Ordinance Resolution Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid Tabulation Sheet (12 bids) Information Recommended Action: Approvals: Legal Dept Council concur Finance Dept Other Fiscal Impact: Expenditure Required... $428,435.35 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $441,979 City Share Total Project.. SUMMARY OF ACTION: Engineer's Estimate: $492,220.22 In accordance with Council procedure, bids submitted at the subject bid opening met the following two criteria: There was more than one bid and the low bid was within the project budget. Minor mathematical errors were found that changed bid totals for three bids, but did not change overall rank. End General Construction, Inc.'s bid was found to be the lowest bid, with no significant irregularities. Therefore, staff recommends acceptance of the low bid submitted by End General Construction, Inc. in the amount of$428,435.35. STAFF RECOMMENDATION: Accept the low bid submitted by End General Construction, Inc. in the amount of$428.435.35. mummimismmilmow • CITY OF RENTON %.0.1 O� SEPI 0 2008 N + ® ♦ PUBLIC WORKS DEPARTMENT RECEIVED CITY CLERK'S OFFICE MEMORANDUM DATE: September 9, 2008 TO: Bonnie Waltd City Clerk FROM: Bob Hanso 041' portation Design Supervisor,x7223 STAFF CONTACT: James Wilhoit, Project Manager,x7319 SUBJECT: CAG 08-125 Citywide Walkway Improvements Project Bid Award The Transportation Systems Division recommends that the Citywide Walkway Improvements Project be awarded to End General Construction, Inc., 28605 SE 216th Lane, Maple Valley WA 98038, in the amount of$428,435.35. There were twelve bids submitted and opened on September 5, 2008. The apparent low bid at that time was End General Construction's ("End"), and it was read by the City Clerk as $428,935.34. From review of the bid, however, it was determined that the bid written in the proposal from End was actually $428,435.34. From further review it was determined that End had made a$0.01 error in transposing the Schedule A subtotal to the Total page, and the correct total is $428,435.35, which is below the engineer's estimate of$492,220.22. The second low bid (both apparent and actual)was from Slead, LLC, 9021 Waller Rd. E., Tacoma WA 98446, in an amount read at the opening as $460,228.83 but determined during review to be in error and corrected to $461,478.83,which is also below the engineer's estimate. The third low bid was from Construct Co., 1621 Pease Ave., Sumner, WA 98390, in the amount of$498,367.70, which exceeds the engineer's estimate. There were no errors found in Construct Co.'s bid. All of the other bids exceeded the engineer's estimate. One of them, from Rodarte Construction, Inc. of Auburn, WA, was found to have errors which have been corrected in the attached bid tab. The error did not affect its order among the bidders. The highest bid, from Westwater Construction Company of Auburn, WA, was found to have a unit price error which was corrected without affecting its total. No errors in any bids changed the order among the bidders, caused a bid which had been below the estimate to be above it or vice versa, or altered the outcome in any significant way. Per the Transportation Improvement Program (TIP) The remaining budget for construction of this project is $441,979. We are requesting Council concur with this recommendation. Attachments: Bid Tab H:\Divisions\TRANSPOR.TARDESIGN.ENG\jwilhoit\walkways\bidadv\wlkwyContract Award Memo.doc ismomorimom • Bonnie Walton Page 2 of 2 September 9,2008 cc: Gregg Zimmerman,PW Administrator Peter Hahn,Deputy PW Administrator—Transportation Jim Seitz,Transportation planning Supervisor James Wilhoit,Transportation Design Project Manager Ryan Plut File 444.0/ h:\divisions\transpor.tat\design.eng\jwilhoit\walkways\bidadv\wlkwycontract award memo.doc Citywide Walkway Improvements (Note: Unit prices for all Items,all extentions,and total amount of bid must be shown. Show unit prices NIllr' in figures only.) ITEM APPROX.! ITEM WITH UNIT PRICED BID UNIT PRICE AMOUNT NO. QUANTITY (Unit Prices to be Written in Figures only) Dollars Cts. Dollars Cts. 53 1 CONNECTION TO EXISTING CATCH BASIN EACH $ ,3St I '0 .35.-6 A3_5. -75 per EACH figures • 54 1 CONTRACTOR SUPPLIED SURVEYING L.S. $y ,), . q Loks� a i i c i,;axb , LI per L.S. figures 55 1 CONNECT STORM STRUCTURE TO EXISTING STORM PIPE 1 EACH $ q. ,( ) crA.t o (N.00 per EACH figures 56 1 FINISH AND CLEANUP i L.S. $ 1(f r 0 0 q-747. .CCS 1 •L°e per L.S. figures , 57 1 UTILITY POTHOLING • EST. $ 875.00 $ 875.00 per EST. figures Total Schedule"B" (South of NE 24th Street) , 5'1)S51,1-11 fin✓ J PW Total Schedule"A" (North of NE 24th Street) 113,N316-- Total Schedule"B" (South of NE 24th Street) ,bN,551.11 Total Bid(A+B) 11d51I35. 3s- JP tJ 0 Nome Schedule B page 5 of 5 'age 12 'rovided to Builders Exchange of WA, Inc. 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Q 2 ,",,— ; , = a'AiHg§gM 8888888888888888888888888888888888888888888888888888888888 u8i38s8sm88 o'ssou 2s8is„3gao8NAae 8s n 888588858888885555398888889588888858888$88885589888 58858888 . .........«...2. „».'...'«.„„„»e„..»„i»«,ma8 _ '88888888888jg8888333833333m888881888888888888a 88888.88 8 8 88888838888888888888888888888888888838888883888888888388888 i38233353938332282538.022.8-32883:883-382333.3882222-..„8832-i3 „ 2338„ 383828895,3, -3 .'.8; "8,3"2'„'88.388 ., o ,tib f ' .01111111k 888888889888888888888888838288885888885888888882888888884888 U 88 3Hg88e8� 382 a§su 28 8as88828u888tlo88ss s"2 088 ."28 8 8 8 8 8 8 8 8 8 8 8 8 5 8 8 8 8 8 8 2 8 8 8 8 8 8 8 8 8 8 5 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 2 8 8 8 8 8 8 8 8 8 E ^'.• E, 8$M E8:338 =39888' m3A8R8 $:et u • 82°28288228„988$2852855„8882888238952829829982222°„8928„.8,. • CITY OF RENTON BID TABULATION SHEET PROJECT: Citywide Walkway Improvements;CAG-08-125 Page 1 of 2 *4.110 DATE: September 5,2008 FORMS BID BIDDER Bid Triple Addenda Proposal Bond Form 1-3 **Includes Sales Tax Archer Construction,Inc. 7855 S. 206th St. x x x x A. $216,802.00 Kent,WA 98032-1354 B. $297,056.00 Allyson D. Gregerson Total $513,858.00 Construct Co. 1621 Pease Ave. x x x x A. $204,126.85 Sumner,WA 98390 B. $294,240.85 Cy Morse Total $498,367.70 Dennis R. Craig Construction,Inc. P.O.Box 595 x x x x A. $226,796.30 Redmond,WA 98073-0595 B. $363,103.35 Janey Craig Total $589,899.65 End General Construction,Inc. A. $173,883.85 28605 SE 216th Ln. x x x x A. $173,883.86* Maple Valley,WA 98038 B-$254,551.49 Darcee Sanders Total $128,935.34 Total $428,435.35* GMT,Inc. Cashier's P.O.Box 82002 x Check x x A. $244,702.00 Kenmore,WA 98028 $31,000 B. $374,359.00 G.G. Suarez Total $619,061.00 Laser Underground&Earthworks,Inc. 20417 87th Ave. SE x x x x A. $206,173.00 Snohomish,WA 98296 B. $297,659.00 Bret Lane Total $503,832.00 Precision Earthworks,Inc. 3816 South Rd. x x x x A. $208,490.00 Mukilteo,WA 98275 B. $320,000.00 Julie Schauss Total $528,490.00 CITY OF RENTON BID TABULATION SHEET PROJECT: Citywide Walkway Improvements;CAG-08-125 Page 2 of 2 DATE: September 5,2008 FORMS BID BIDDER Bid Triple Addenda Proposal Bond Form 1-3 **Includes Sales Tax Pivetta Brothers 1812 Pease Ave. x x x x A. $211,126.97 Sumner,WA 98390 B. $322,179.75 Mark Pivetta Total $533,306.72 A. $211,598.00 Rodarte Construction,Inc. A. $211,473.00* P.O.Box 1875 x x x x B. $294,006.00 Auburn,WA 98071-1875 B. $293,881.00* J.R.Rodarte Total $505,604.00 Total $505,354.00* Sanders General Construction,LLC 5188 NW Sammamish Rd. x x x x A. $206,663.00 Issaquah,WA 98027 B. $327,081.00 Allen Sanders Total $533,744.00 read,LLC A. $197,801.36 9021 Waller Rd. E. x x x x A. $199,051.36* Tacoma,WA 98446 B. $262,427.47 Robert Barry Total $460,228.83 Total $461,478.83* Westwater Construction Company 31833 Kent Black Diamond Rd. x x x x A. $226,896.00 Auburn,WA 98092 B. $372,102.00 Donald A.Neal Total $598,998.00 ENGINEER'S ESTIMATE A-$200,809.28 B-$291,410.94 $492,220.22 **ow *corrected amount LEGEND: Forms:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage • CITY OF RENTON COUNCIL AGENDA BILL 1 AI#: 7, Submitting Data: For Agenda of: September 15, 2008 11600, Dept/Div/Board.. Community Services/Parks Staff Contact Leslie Betlach, x6619 Agenda Status Consent X Subject: Public Hearing.. May Creek Property Acquisition Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Map Information X Purchase and Sales Agreement Resolution Amendment to Interlocal Cooperation Agreement Recommended Action: Approvals: Refer to Finance Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $440,000 Transfer/Amendment Amount Budgeted $240,000 Revenue Generated.(45%0 $200,000 (316.000000.020.5940.0076.61 acquisition costs reimbursed .000000) through grant) Total Project Budget.... $440,000 City Share Total Project... $240,000 SUMMARY OF ACTION: The City was approached in 2007 about the sale of four parcels totaling 6.73 acres located in the May Creek Greenway. Also in 2007, the City applied for a King County Conservation Futures Grant to fund up to 50% of the anticipated acquisition costs. In 2008, the City was recommended for a King County Conservation Futures grant award of$200,000 which would cover up to 45% of the purchase price, appraisal fees, Level I Environmental Assessment, title reports, and closing fees. The property has been appraised at $420,000. Estimated costs for the appraisals, title reports, Level I Environmental Assessment and closing costs, etc. are $20,000, for an estimated total acquisition cost of$440,000. Grant funds will be reimbursed to the City after closing. The City's share of the costs, after the grant reimbursement, is estimated at $240,000. The City has funding identified for acquisitions in the Grant Matching Program, in the Capital Improvement Fund (fund 316). STAFF RECOMMENDATION: Authorize the acquisition of four parcels totaling 6.73 acres in the May Creek Greenway. Authorize the Mayor and the City Clerk to execute the Purchase and Sales Agreement. Authorize the acceptance of grant funding by adopting a Resolution authorizing the Mayor and City Clerk to execute an Amendment to the Conservation Futures Interlocal Cooperation Agreement with King County. Authorize the use of funding from the Grant Matching Program identified in the Capital Improvement Fund (fund 316) to fund up to fifty-five percent of the acquisition costs. Reallocate grant funds back to the Capital Improvement Fund Grant Matching Program (fund 316). 1:\2008 Files\2008-169mb(COUNCIL AGENDA BILL May Creek).doc ° C.) 6 ‘ft COMMUNITY SERVICES DEPARTMENT N.. • • MEMORANDUM DATE: September 8, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Terry Higashiyama, ommunity Services Administrator STAFF CONTACT: Leslie Betlach, Parks Director(x-6619) SUBJECT: May Creek Property Acquisition ISSUE: Should the City Council authorize the purchase of four parcels of open space land totaling 6.73 acres for$420,000,plus contingencies, as part of the May Creek Greenway system and authorize the Mayor and City Clerk to execute a Purchase and Sales Agreement pertaining to this proposed acquisition? - Should the City Council authorize the acceptance of grant funding by adopting a Resolution authorizing the Mayor and City Clerk to execute an Amendment to the King County Conservation Futures Interlocal Cooperation Agreement to include the allocation of$200,000 for the acquisition of property along May Creek? Should the City Council authorize the use of funding from the Grant Matching Program identified in the Capital Improvement Fund (fund 316)to fund fifty-five percent of the total acquisition costs? BACKGROUND: The City was approached in 2007 about the sale of four parcels totaling 6.73 acres located in the May Creek Greenway. The parcels are heavily wooded with a flat meadow area adjacent to Jones Avenue and offers opportunities to connect vegetative and stream habitat and passive recreation use (trails). The City currently owns 40 acres in the May Creek Greenway which also connects to the Honey Creek Open Space area, where the City owns 36 acres. Since the mid-eighties, the Cities of Renton and Newcastle and King County have been acquiring land along May Creek from Lake Washington to Cougar Mountain for a continuous greenway connection for passive recreation, wildlife and habitat protection and salmon habitat enhancement. Property to the east of this proposed acquisition has been fully developed with single-family residential units. "err i:\2.008 files\2008-170mb(may creek acquisition councilmemo).doc May Creek Property Acquisition Page 2 of 2 September 8,2007 Also in 2007, the City applied for a King County Conservation Futures Grant to fund *441110 up to fifty percent of the acquisition costs. In 2008, the City was recommended for a grant award of$200,000 which will cover forty-five percent of the purchase price, appraisal fees, Level I Environmental Assessment, title reports, and closing fees; the City would be responsible for the remaining fifty-five percent. A Level I Environmental Assessment was completed in 2007. The site was found free from hazardous materials and no further action was deemed necessary. The Preliminary Commitment for Title indicates there are no title discrepancies. The property has been appraised at $420,000. Estimated costs for the appraisals and update appraisals, title reports, Level I Environmental Assessment, and closing costs will be approximately $20,000 for an estimated total acquisition cost of$440,000. The City's share of the costs after the grant reimbursement will be estimated at $240,000. The City has a Grant Matching Program in the Capital Facilities Fund (fund 316) to meet grant match requirements for acquisition and development projects. In accepting the 2008 King County Conservation Futures Grant, up to forty-five percent of the acquisition costs can be re-appropriated back to the Capital Facilities Fund, Grant Matching Program for future acquisitions. As in previous transactions, grant funds will be reimbursed to the City after closing. CONCLUSION: Acquiring the four parcels totaling 6.73 acres brings the City of Renton, the City of Newcastle and King County closer to providing a continuous connection from Lake Nee Washington to Cougar Mountain for passive recreation opportunities, while preserving critical native habitat along May Creek. May Creek has been identified by King County as a Class I Salmonid stream with Chinook habitat and is located within WRIA 8. Funding is available to acquire the parcel and once the acquisition has been completed, reimbursement of grant funds will reduce the City's expenses to fifty-five percent. RECOMMENDATION: City Council authorize the acquisition of four parcels totaling 6.73 acres along May Creek and authorize the Mayor and City Clerk to execute a Purchase and Sales Agreement for acquisition. City Council authorize the acceptance of grant funding by adopting a Resolution authorizing the Mayor and City Clerk to execute an Amendment to the Conservation Futures Interlocal Cooperation Agreement between King County and the City of Renton by including a $200,000 allocation for the 6.73 acres acquisition along May Creek. City Council authorize the use of funding from the Grant Matching Program identified in the Capital Improvement Fund (fund 316) to fund fifty-five percent of the acquisition and associated costs. Upon receipt of grant funding, reallocate funds back to the Capital Improvement Fund, Grant Matching Program (fund 316). 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'4A-1,1,;'... \I.•.',, , -,,,-‘‘,.. !' ,_ ----,c."4 '1 ; rt-`1'.; '. i',,,,L,•_. - - ..--- 3.- =- ...t: ",401,410#1.4.4..., 1 , ., . ,, , '., •••,...1 .,•-• ,..; ', , -'1,..... .,,- 'LILT,, : „ 411.,4 ,ir„ ,,,- - 7,,,._„.- k _.,., _. r.1.-, -r..... .7- - .--- • ,......_ --, --- -----; •••:.' ----- . .r. .. •., . ,la.:'. --,E rini-s. on. --,-,-- e..,-_,-s,"..-.:qv rri POI - REAL ESTATE PURCHASE AND SALE AGREEMENT THIS AGREEMENT is between Russell L. Bucklin, a single person, ("Seller") and City of Renton, a Washington municipal corporation, ("Purchaser"), and is made for the purpose of purchase and sale of real property. In consideration of the covenants and agreements hereinafter made, the parties agree as follows: 1. Description of Property: Purchaser agrees to purchase from Seller, and Seller agrees to sell unto Purchaser, the following described real property situated in City of Renton, King County, Washington, known as King County Tax Parcel Nos. 334210-3531, 334210-3511, 334210- 3545 and 334210-3550, and referred to in this Agreement as "the premises": See Attached, Exhibit"A" Purchaser hereby authorizes the insertion over his signature of the correct legal description of the above-designated property if unavailable at time of signing, or to correct the legal description previously entered if erroneous or incomplete. 2. Purchase Price: The purchase price is Four Hundred Twenty Thousand Dollars and No Cents ($420,000.00), payable in cash at closing. 3. Title. Title to the premises shall be conveyed free of encumbrances or defects, at closing, except encumbrances, restrictions and reservations of record, rights reserved in Federal Patents or State Deeds, building or use restrictions general to the district, existing easements not inconsistent with the intended use of the property, and building and zoning regulations or provisions. The title insurance policy to be issued shall contain no exceptions other than those provided in the standard form plus the defects noted in this paragraph. If title is not so insurable as above provided and cannot be made so insurable by the termination date set forth herein, this 44.00, 1 Agreement shall be terminated. Seller authorizes the escrow agent to apply for a standard form owner's policy of title insurance, at Purchaser's expense. 4. Conveyance. Transfer of Seller's interest in the premises shall be by Statutory Warranty Deed. 5. Prorations: Taxes for the current year, rents, insurance, interest,mortgage reserves, water and other utilities constituting liens on the property shall be prorated as of date of closing. 6. Closing: This purchase shall be closed by Warren Barber Fontes P.S., and within 30 days after removal of all contingencies, but in any event not later than November 1, 2008, which shall be the termination date. The parties will deposit in escrow with the closing agent all instruments and moneys necessary to complete this purchase in accordance with this Agreement. The cost of escrow shall be paid one-half(1/2) each by the parties. 7. Possession: Seller shall deliver possession to Purchaser on date of closing. 8. Seller's representations and warranties. Seller represents and warrants to Purchaser as follows: a. Seller has full power and authority to convey the Property to Purchaser. b. To the best of Seller's knowledge, the Property is now, or will be as of the Closing Date, in compliance in all material respects with all applicable zoning, land-use, building, construction, subdivision and other local, state and federal laws, ordinances and regulations and with all existing covenants, conditions,restrictions and easements. c. To the best of Seller's knowledge, all Due Diligence Materials and other instruments and documents delivered to Purchaser pursuant to this Agreement (the "Warranted Materials") are complete and accurate originals or copies, and Seller shall advise Purchaser in writing of any inaccuracies in the Warranted Materials as Seller becomes aware of them. With 2 respect to all other instruments and documents delivered or required to be delivered to Purchaser by Seller pursuant to this Agreement, Seller has not purposefully altered or withheld any of them. d. Seller has not received notice of any special assessment or notice of any condemnation proceedings affecting the Property. e. To the best of Seller's knowledge, there is no litigation pending or threatened against Seller (or any basis for any claim) that arises out of the ownership of the Property. f. Seller has received no notice of any failure of Seller to comply with any applicable governmental requirements in respect of the use, occupation and construction of the Property, including, but not limited to, environmental, fire, health, safety, zoning, subdivision and other land use requirements that have not been corrected to the satisfaction of the appropriate Now governmental authority, and Seller has received no notice of, and has no knowledge of, any violations or investigation relating to any such governmental requirement. g. Seller has received no notice of any default or breach by Seller under any covenants, conditions, restrictions, rights of way or easements that may affect Seller in respect to the Property or may affect the Property or any portion thereof and no such default or breach now exists. h. To Seller's best current knowledge, no building or other improvement encroaches on the real property. i. There are no leases affecting any part of the Property other than those delivered to Seller, and there are no written or oral promises, understandings or agreements Altar 3 between Seller and any tenant that have not been disclosed by Seller as part of the materials provided by Purchaser. j. To the best of Seller's current knowledge there are no permits, licenses or consents required by any governmental authority in connection with the use and occupancy of the Property except those previously obtained by Seller and delivered to Purchaser, and Seller knows of no local improvement districts proposed which will affect the Property. k. All public utilities required for the operation of the Property either enter the Property through adjoining public streets or, if they pass through adjoining private lands, do so in accordance with valid public easements or private easements that will inure to the benefit of Purchaser on the Closing Date. 1. Water and sanitary and storm sewage facilities currently service the Property and are on or immediately abutting the property. m. Seller is not a foreign person as defined in Section 1445 of the Internal Revenue Code. n. All of the representations, warranties and covenants of Seller contained in this Agreement are true and correct as of the Effective Date and as of the Closing Date and will survive the closing of the transaction contemplated by this Agreement. 9. Hazardous material. a. Definitions (1) Definition of "Environmental Laws": The term "Environmental Laws" means any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health and the environment. 4 (2) Definition of "Hazardous Material": The term "Hazardous Material" means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. pt. 302 and amendments thereto) or in the Washington Hazardous Waste Management Act (Ch. 70.105D RCW) or the Model Toxics Control Act (Chs. 70.105D RCW, 82.21 RCW), petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any Environmental Laws. b. Compliance with environmental laws. Seller represents and warrants that: (1) Seller has no actual knowledge of the release or presence of any Hazardous Material on, in, from or onto the Real Property; (2) Seller has not generated, manufactured, refined, transported, stored, handled, disposed of or released any Hazardous Material on the property, nor has Seller permitted the foregoing; (3) To the best of Seller's actual knowledge, Seller has obtained all approvals and caused all notifications to be made as required by Environmental Laws; (4) To the best of Seller's actual knowledge, Seller has not received any notice of any violation of any Environmental Laws; (5) To the best of Seller's actual knowledge, no action has been commenced or threatened regarding Seller's compliance with any Environmental Laws; Nese 5 (6) To the best of Seller's actual knowledge, no tanks used for the storage of any Hazardous Material above or below ground are present on or about the Real Property; and (7) To the best of Seller's actual knowledge, no action has been commenced or threatened regarding the presence of any Hazardous Material on or about the Real Property. c. No waiver of liability. Seller has not released or waived and will not release or waive the liability of any previous owner, lessee or operator of the Real Property or any party who may be potentially responsible for the presence or removal of Hazardous Material on or about the Real Property. Seller has made no promises of indemnification regarding Hazardous Material to any party. d. Indemnification. Seller agrees to defend (with counsel approved by Purchaser), fully indemnify and hold entirely free and harmless Purchaser from and against all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees)that are imposed on, paid by or asserted against Purchaser or its successors or assigns, by reason or on account of, or in connection with, or arising out of(a) the presence or suspected presence of Hazardous Material in the soil, groundwater or soil vapor on or about the Real Property, or (b) the migration of any Hazardous Material from or onto the Real Property, or (c) the violation of any Environmental Law, and, with respect to (a), (b) and (c), that existed as of or prior to the Closing Date and only if it did so in violation of Seller's representations. This indemnification of Purchaser by Seller includes, without limitation, costs incurred in connection with any of the following: 6 (1) Any investigative or remedial action involving the presence of Hazardous Material on or about the Real Property or releases of Hazardous Material from the Real Property; (2) Any allegations made by any governmental authority or any private citizen or entity or group of citizens or entities as to the violation of any Environmental Laws involving the Real Property or the operations conducted thereon; and/or (3) Any injury or harm of any type to any person or entity or damage to any property arising out of, in connection with or in any way relating to (i) the generation, manufacture, refinement, transportation, treatment, storage, recycling, disposal or release, or other handling of Hazardous Material on or about the Real Property or pursuant to the operations conducted thereon, and/or (ii) the violation of any Environmental Laws, and/or (iii) the contamination of the Real Property. Nor e. Environmental inspection. During the Feasibility Study Period, Purchaser upon reasonable notice to Seller will have the right to take soil and water samples (including groundwater samples) from the Real Property, and to test and analyze those samples to determine the extent of any contamination of the soils and water (including groundwater) on or about the Real Property. If, based on the results of those inspections and/or tests, Purchaser determines that the condition of the Real Property is unsatisfactory or if Purchaser believes that its ownership of the Real Property would expose Purchaser to undue risks of government intervention or third-party liability, Purchaser may, without liability, cancel the purchase of the Property and terminate this Agreement. 10. Continuation and survival of representations and warranties. All representations and warranties by the respective parties contained in this Agreement or made in 7 writing pursuant to this Agreement are intended to and will remain true and correct as of the time of closing, will be deemed to be material and will survive the execution and delivery of this Agreement and the delivery of the Deed and transfer of title. Such representations and warranties, however, are not assignable and do not run with the land, except as may be expressly provided herein or contained in a written instrument signed by the party to be charged. 11. Governing law. This Agreement will be governed by and construed in accordance with the laws of the state of Washington. 12. Nonmerger. The terms and provisions of this Agreement, including, without limitation, all indemnification obligations, will not merge in, but will survive, the closing of the transaction contemplated under this Agreement. 13. Default: If either party defaults in his contractual performance herein, the non- defaulting party may seek specific performance pursuant to the terms of this Agreement, damages, or rescission. The non-defaulting party shall be entitled to recover its costs and attorney's fees in the event counsel is retained as a result of such default. 14. Miscellaneous: There are no verbal or other agreements which modify or affect this Agreement. Time is of the essence of this Agreement. Purchaser has not consulted with, nor discovered the respective parcels through the use of a realtor or other agent and there are no finder's fees or commissions due upon this transaction. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as transmission of an original. At the request of either party, or the Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document. Notices given under this Agreement shall be in writing and shall be delivered personally with written receipt therefore, or sent by certified mail, return receipt requested, to the following addresses: ,411 8 Seller: Russell L. Bucklin P. O. Box 411 Montlake Terrace, WA 98043 Purchaser: City of Renton C/O Leslie Betlach 1055 S. Grady Way Renton, WA 98055 15. Residency of Seller: Seller warrants to Escrow Agent that if Seller is an individual, Seller is not a non-resident alien for purposes of U.S. income taxation or if Seller is a corporation, partnership, trust, or estate, Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate. 16. Purchaser's Exchange: If requested to do so by Seller, Purchaser shall cooperate lorie a simultaneous or deferred exchange by permitting Seller to assign this agreement to a third party ("Exchange Facilitator") and by accepting a conveyance of the premises from the Exchange Facilitator. The assignment may take effect only simultaneously with the closing under this agreement. In no event shall Seller be relieved of any liability under this agreement by reason of the assignment, and the Exchange Facilitator shall have no right to enforce this agreement that Seller would not have if there had been no assignment. Purchaser shall not be required to bear any escrow, title or other expenses in an amount greater than those Purchaser would bear if there were no exchange, nor shall Purchaser be required to expend any sums of money in connection with the exchange. Purchaser shall not be required to execute any document creating personal liability or assume or be exposed to any liability in connection with an exchange, nor shall the Closing Date be extended to consummate an exchange. In no event shall Purchaser be required to take title to any ,, property other than the premises, and in no event shall Purchaser be responsible for any tax 9 consequences to Seller or any other party in connection with an exchange. Seller agrees and covenants to defend, indemnify, protect and hold harmless Purchaser from any liability, damages, loss,cost or expense (including reasonable attorneys' fees) of whatsoever kind and nature arising out of any exchange. 17. Contingencies: The obligation of the Purchaser under this Agreement is contingent upon the occurrence of the following on or before the date of closing: a. Level I Environmental study as specified in paragraph 9e of this agreement. b. Receipt by the City of Renton of a King County Conservation Futures Grant. c. Approval of the purchase by the Renton City Council. d. Insurable title satisfactory to the City. 18. The Seller agrees to provide to the Purchaser within five (5) days of the mutual acceptance of this agreement a Real Property Transfer Disclosure Statement pursuant to R.C.W. Chapter 64.06. DATED this day of ,2008. SELLER: Russell L. Bucklin PURCHASER: CITY OF RENTON By: Denis Law, Mayor ATTEST: By: Bonnie I. Walton, City Clerk 10 STATE OF WASHINGTON ) COUNTY OF ) THIS IS TO CERTIFY that on this day of , 2008, before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared Russell L. Bucklin and executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of such person(s) for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate first above written. Signature: Notary Public in and for the state of Washington. Notary (print): Residing in: My appointment expires: STATE OF WASHINGTON ) COUNTY OF KING ) THIS IS TO CERTIFY that on this day of , 2008, before Now me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared Mayor Denis Law to me known to be the Mayor of the City of Renton, the municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and official seal the day and year in this certificate first above written. Signature: Notary Public in and for the state of Washington. Notary (print): Residing in: My appointment expires: Nome 11 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON BY INCLUDING A $200,000 ALLOCATION FOR THE ACQUISITION OF OPEN SPACE ALONG THE MAY CREEK TRAIL CORRIDOR. WHEREAS, the City of Renton entered into an Interlocal Cooperation Agreement with King County on June 5, 1990, which provides for the acquisition of monies through the Conservation Futures Levy Fund for the purpose of acquiring open space; and WHEREAS, the City of Renton applied for Conservation Futures funding assistance to acquire certain open space parcels along the May Creek Trail Corridor; and WHEREAS, King County has approved the City's request and authorized the expenditure of up to $200,000 in matching funds to acquire parcels along the May Creek Trail ''1 Corridor in the northern part of the City of Renton; and WHEREAS, the acquisition of the remaining open space lands along the May Creek Trail Corridor in the northern part of the City is consistent with the City's Comprehensive Park, Recreation and Open Space Plan, and further, that the City Council of the City of Renton considers it in the best public interest to acquire these remaining lands; and WHEREAS, Article VI, Section 6.1 of the Interlocal Cooperation Agreement requires that the City take appropriate legislative action to commit funds for the purpose of matching the amounts allocated by King County; and WHEREAS, it is necessary to amend the existing interlocal agreement between the City of Renton and King County to include that additional $200,000 allocation; 1 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to amend the existing City of Renton-King County Interlocal Agreement to include the allocation of an additional $200,000 for the acquisition of property along the May Creek Trail Corridor. SECTION III. Any fund assistance so received shall be used to acquire open space land along the May Creek Trail Corridor in the northern part of the City of Renton. SECTION IV. The City's share of the project will be derived from the City's Municipal Facilities Capital Improvement Fund and/or the City's Community Development Impact Mitigation Fund. PASSED BY THE CITY COUNCIL this day of , 2008. Now Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1369:8/27/08:scr 2 AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF RENTON and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 5th day of June, 1990, as previously amended. The parties agree to the following amendments: Amendment 1: Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the May Creek Trail Corridor acquisition, and hereafter reads: • On November 19, 2007, the King County Council passed Ordinance 15975, which appropriated a total of Two Hundred Thousand Dollars ($200,000) in Conservation Futures Levy proceeds to the City of RENTON for the May Creek Trail Corridor acquisition Project. On April 20, 2008 the King County Council passed Ordinance 16052, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15975. Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include reference to Attachment I, which lists a 2008 Conservation Futures Levy Allocation for the May Creek Trail Corridor Acquisition Project. Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are amended to include references to Attachment I,which lists a 2008 Conservation Futures Levy proceeds allocation for the May Creek Trail Corridor Property acquisition Project: Amendment I Annual CFT Interlocal Renton-King County 2008 CFT proceeds -1- Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through I to be used for the Projects listed in Attachments A through I. The City may request additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through I. The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement. AMENDMENT 4: Attachment I The attachments to the interlocal agreement are hereby amended by adding Attachment I, which is hereby attached to the interlocal agreement, incorporated therein and made a part thereof. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF RENTON 4011., Ron Sims Denis Law King County Executive Mayor Date: Date Acting under the authority of Acting under the authority of Ordinance 15975 Ordinance: Approved as to form: Approved as to form: Dan Satterberg • King County Prosecuting Attorney City Attorney Nome Amendment I Annual CFT Interlocal Renton-King County 2008 CFT proceeds -2- ATTACHMENT I 2008 CONSERVATION FUTURES LEVY CITY OF RENTON ALLOCATION Jurisdiction Project Allocation RENTON May Creek Trail Corridor $200,000 TOTAL $200,000 Project Description: May Creek Trail Corridor: This project consists of acquiring wooded parcels contiguous to public land in the May Creek corridor to help complete protection the May Creek Park system, east of I-405 in Renton. City of RENTON—May Creek Trail Corridor $200,000 Amendment I Annual CFT Interlocal Renton-King County 2008 CFT proceeds -1- CITY OF RENTON COUNCIL AGENDA BILL AI k: -7 . Submitting Data: For Agenda of: September 15, 2008 4110,00, Dept/Div/Board.. Community Services/Parks Staff Contact Leslie Betlach, x6619 Agenda Status Consent X Subject: Public Hearing.. Panther Creek Property Acquisition Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Map Information Purchase and Sales Agreement Resolution Amendment to Interlocal Cooperation Agreement Recommended Action: Approvals: Refer to Finance Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $200,000 Transfer/Amendment Amount Budgeted $100,000 Revenue Generated.(50% $100,000 (316.000000.020.5940.0076.61 acquisition costs reimbursed .000000) through grant) Total Project Budget $200,000 City Share Total Project.. $100,000 SUMMARY OF ACTION: The City was approached in 2005 about the sale of a 3.66 acre forested parcel of land contiguous to the west boundary of the city-owned 17.87 acre Edlund/Korum property and east of the Panther Creek Wetlands. Also in 2005, the City applied for a King County Conservation Futures Grant to fund up to 50% of the anticipated acquisition costs. In 2006, the City was recommended for a King County Conservation Futures grant award of$170,000 which would cover up to 50% of the purchase price, appraisal fees, Level I Environmental Assessment, title reports, and closing fees. The property has been appraised at $180,000. Estimated costs for the appraisals, title reports, Level I Environmental Assessment and closing costs, etc. are $20,000, for an estimated total acquisition cost of$200,000. Grant funds will be reimbursed to the City after closing. The City's share of the costs, after the grant reimbursement, is estimated at $100,000. The City has funding identified for acquisitions in the Grant Matching Program, in the Capital Improvement Fund (fund 316). STAFF RECOMMENDATION: Authorize the acquisition of the 3.66 acre Panther Creek parcel. Authorize the Mayor and the City Clerk to execute the Purchase and Sales Agreement. Authorize the acceptance of grant funding by adopting a Resolution authorizing the Mayor and City Clerk to execute an Amendment to the Conservation Futures Interlocal Cooperation Agreement with King County. Authorize the use of funding from the Grant Matching Program identified in the Capital Improvement Fund (fund 316) to fund up to fifty percent of the acquisition costs. Reallocate grant funds back to the Capital mrr' Improvement Fund Grant Matching Program (fund 316). 1:12008 Files12008-167mb(Panther Creek Acquisition Agenda Bilt).doc �Y �., 0� COMMUNITY SERVICES DEPARTMENT ♦ `� MEMORANDUM DATE: September 8, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: ,C- Denis Law, Mayo FROM: AG-1 Terry Higashiyama, ommunity Services Administrator STAFF CONTACT: Leslie Betlach, Parks Director(x-6619) SUBJECT: Panther Creek Property Acquisition ISSUE: Should the City Council authorize the purchase of a 3.66 acre open space parcel for $180,000, plus contingencies, contiguous to the City-owned Edlund/Korum property and authorize the Mayor and City Clerk to execute a Purchase and Sales Agreement pertaining to this proposed acquisition? Nay Should the City Council authorize the acceptance of grant funding by adopting a Resolution authorizing the Mayor and City Clerk to execute an Amendment to the King County Conservation Futures Interlocal Cooperation Agreement to include the allocation of$170,000 for the acquisition of property along Panther Creek? Should the City Council authorize the use of funding from the Grant Matching Program identified in the Capital Improvement Fund (fund 316)to fund fifty percent of the total acquisition costs? BACKGROUND: The City was approached in 2005 about the sale of a 3.66 acre parcel contiguous to the west boundary of the 17.87 acre Edlund/Korum parcel located on Carr Road. The heavily wooded parcel contains the Panther Creek and offers opportunities to connect vegetative and stream habitat and passive recreation use (trails) west to the Panther Creek Wetlands,where the City owns 73 acres and additionally has a trail easement • across one privately-owned parcel adjoining the wetlands. Property to the north of this proposed acquisition, which is zoned R-8 and R-10, has been undergoing rapid development. Recreational use in this area is limited. Also in 2005, the City applied for a King County Conservation Futures Grant to fund up to 50% of the acquisition costs. In 2006, the City was recommended for a grant award of$170,000 which will cover 50% of the purchase price, appraisal fees, Level I Environmental Assessment, title reports, and closing fees. i:\2008 files\2008-168mb(panther creek acquisition councilmemo).doc err► Panther Creek Property Acquisition Page 2 of 2 September 8,2008 A Level I Environmental Assessment was completed in 2006. The site was found free from hazardous materials and no further action was deemed necessary. The Preliminary Commitment for Title reflected numerous discrepancies, all of which have now been resolved. The proposed acquisition is part of a much larger parcel and the Seller has agreed to complete and record a Record of Survey delineating the 3.66 acres. The property has been appraised at $180,000. Estimated costs for the appraisals and update appraisals, title reports, Level I Environmental Assessment, and closing costs will be approximately $20,000 for an estimated total acquisition cost of$200,000. The City's share of the costs after the grant reimbursement will be estimated at $100,000. The City has a Grant Matching Program in the Capital Facilities Fund (fund 316) to meet grant match requirements for acquisition and development projects. In accepting the 2006 King County Conservation Futures Grant, up to fifty percent of the acquisition costs can be re-appropriated back to the Capital Facilities Fund, Grant Matching Program for future acquisitions. As in previous transactions, grant funds will be reimbursed to the City after closing. CONCLUSION: Acquiring this 3.66 acre parcel brings the City closer to providing a continuous connection for passive recreation opportunities from the Edlund/Korum parcel to the Panther Creek Wetlands, while preserving critical native habitat along Panther Creek. Panther Creek has been identified by King County as a Class 2 Salmonid ,41,' stream and is located within WRIA 9. Funding is available to acquire the parcel and once the acquisition has been completed, reimbursement of grant funds will reduce the City's expenses by fifty percent. RECOMMENDATIONS: City Council authorize the acquisition of the 3.66 acre Panther Creek parcel and authorize the Mayor and City Clerk to execute a Purchase and Sales Agreement for acquisition. City Council authorize the acceptance of grant funding by adopting a Resolution authorizing the Mayor and City Clerk to execute an Amendment to the Conservation Futures Interlocal Cooperation Agreement between King County and the City of Renton by including a $170,000 allocation for the 3.66 acre open space acquisition along Panther Creek. City Council authorize the use of funding from the Grant Matching Program identified in the Capital Improvement Fund (fund 316) to fund fifty percent of the acquisition and associated costs. Upon receipt of grant funding, reallocate funds back to the Capital Improvement Fund, Grant Matching Program (fund 316). Cc: Jay Covington, Chief Administrative Officer Iwen Wang, Finance and Information Systems Administrator "' i:\2008 files\2008-168mb(panther creek acquisition councilmemo).doc City o __ Community Services-Parksenton Division . Park Acquisition Site Map § y. 0. I. le'-'" 1%",',;:...744',,,,,,,,,.. . -- - ' " :"'.'i«*. ' 11 ."4:,f 3 -7, 4 �e 1111 „( a�. ' ' 4 .; _ "�x +e sEw `' �` ' .. ,,.� - l Titch=600:feet ' '. X *- ' . ''' 4 i..f.i:ar-- -•. N if - A fr.— +10000m.� r1111 "• !* �yy '..,r'' ..A. Y. t=.; s2 E. r. ' t u t . • ....,,..„. „..„.., .. . ...„.„,00. . . ...•,.. ..,, .,.„ti, .,.... , ......,„ , ..,,,..4.4545„::. ..• ., •. ...,.,, zt. .,4„, 11,.. tl . � ` = TM~� :, Residential � -------",.'---„ii.,. ,r-',,, u; ::,i - ii * .� '° Development '� ` F. . Ongoing—R8/Rl0 ..... �� �•• {< C e _ �,,:.,;, Proposed Acquisition x ^j r � Parcel No.3123059136 - Panther Creek Property -,,-'..,:::-.,... ,-..-r4,-„,-*',I ) *-.. t." w, y. 3.6 Acres r r r, Iii s e E -� ,.-,;r4., ,.,�" s"` ,; �+�ift. pQ,. '���(1�1f'1(nook c� r �Si '.,',''4'. p# ,i� l".,',„,...-- .� itat.L til '" � �� .� H� ,_ s�*� i rt _,, ,„.., ,, ,.. "t. i b .* , 1. aid � r, u �, a ,yam i i OIP. ' 4 ! *:T ii Ill .. 7 A ,{T 4 • 5 S ' { �' .. rt a µyu,� }r may'$ REAL ESTATE PURCHASE AND SALE AGREEMENT THIS AGREEMENT is between 4A Development Corporation, a Washington corporation ("Seller")and City of Renton, a Washington municipal corporation, ("Purchaser"), and is made for the purpose of purchase and sale of the following described real property. In consideration of the covenants and agreements hereinafter made, the parties agree as follows: 1. Description of Property: Purchaser agrees to purchase from Seller, and Seller agrees to sell unto Purchaser, the following described real property commonly known as King County Tax Parcel No. 3123059136, situated in King County, Washington, and referred to in this Agreement as "the premises"or the"Real Property": Attached to this Agreement as Attachment "A"and incorporated herein by this reference. Purchaser hereby authorizes the insertion over his signature of the correct legal description of the above-designated property if unavailable at time of signing, or to correct the legal description 'w previously entered if erroneous or incomplete. 2. Purchase Price: The purchase price is One Hundred Eighty Thousand Dollars and No Cents ($180,000.00),payable in cash at closing. 3. Title: Title to the premises shall be conveyed free of encumbrances or defects, at closing, except encumbrances, restrictions and reservations of record, rights reserved in Federal Patents or State Deeds, building or use restrictions general to the district, existing easements not inconsistent with the intended use of the property, and building and zoning regulations or provisions. The title insurance policy to be issued shall contain no exceptions other than those provided in the standard form plus any defects noted in this paragraph. If title is not so insurable as above provided and cannot be made so insurable by the termination date set forth herein, this Agreement shall be terminated without liability to either party. Seller authorizes the escrow agent to apply for a standard form owner's policy of title insurance, at Purchaser's expense. 4. Conveyance: Transfer of Seller's interest in the premises shall be by Statutory Warranty Deed. Nor' PURCHASE AND SALE AGREEMENT- 1 �Y ' 5. Prorations: Taxes for the current year, rents, insurance, interest,mortgage reserves, , water and other utilities constituting liens on the property shall be prorated as of date of closing. 6. going: This purchase shall be closed by November 30, 2008, or within 30 days after removal of all contingencies,but in any event not later than November 30, 2008,which shall be the termination date. The parties will deposit in escrow with the closing agent all instruments and moneys necessary to complete this purchase in accordance with this Agreement. The cost of escrow shall be paid one-half(1/2)each by the parties. 7. Possession: Seller shall deliver possession to Purchaser on date of closing. 8. Seller's representations and warranties: Seller represents and warrants to Purchaser as follows: a. Seller has full power and authority to convey the Property to Purchaser. b. To the best of Seller's knowledge, the Property is now, or will be as of the Closing Date, in compliance in all material respects with all applicable zoning, land-use, building, construction, subdivision and other local, state and federal laws, ordinances and regulations and with all existing covenants, conditions,restrictions and easements. c. To the best of Seller's knowledge, all Due Diligence Materials and other instruments and documents delivered to Purchaser pursuant to this Agreement (the"Warranted Materials") are complete and accurate originals or copies, and Seller shall advise Purchaser in writing of any inaccuracies in the Warranted Materials as Seller becomes aware of them. With respect to all other instruments and documents delivered or required to be delivered to Purchaser by Seller pursuant to this Agreement, Seller has not purposefully altered or withheld any of them. d. Seller has not received notice of any special assessment or notice of any condemnation proceedings affecting the Property. e. To the best of Seller's knowledge, there is no litigation pending or threatened against Seller(or any basis for any claim) that arises out of the ownership of the Property. f. Seller has received no notice of any failure of Seller to comply with any applicable governmental requirements in respect of the use, occupation and construction of the Property, including,but not limited to, environmental, fire,health, safety, zoning, subdivision and other land use requirements that have not been corrected to the satisfaction of the appropriate PURCHASE AND SALE AGREEMENT - 2 governmental authority, and Seller has received no notice of, and has no knowledge of, any violations or investigation relating to any such governmental requirement. g. Seller has received no notice of any default or breach by Seller under any covenants, conditions, restrictions, rights of way or easements that may affect Seller in respect to the Property or may affect the Property or any portion thereof and no such default or breach now exists. h. To Seller's best current knowledge, no building or other improvement encroaches on the real property. i• There are no leases affecting any part of the Property other than those delivered to Seller, and there are no written or oral promises, understandings or agreements between Seller and any tenant that have not been disclosed by Seller as part of the materials provided by Purchaser. j. To the best of Seller's current knowledge there are no permits, licenses or consents required by any governmental authority in connection with the use and occupancy of the Property except those previously obtained by Seller and delivered to Purchaser, and Seller knows of no local improvement districts proposed which will affect the Property. k. All public utilities required for the operation of the Property either enter the Property through adjoining public streets or, if they pass through adjoining private lands, do so in accordance with valid public easements or private easements that will inure to the benefit of Purchaser on the Closing Date. 1. Water and sanitary and storm sewage facilities currently service the Property and are on or immediately abutting the property. m. Seller is not a foreign person as defined in Section 1445 of the Internal Revenue Code. n. All of the representations, warranties and covenants of Seller contained in this Agreement are true and correct as of the Effective Date and as of the Closing Date and will survive the closing of the transaction contemplated by this Agreement. 9. Hazardous material: a. Definitions fir► PURCHASE AND SALE AGREEMENT- 3 (1) Definition of"Environmental Laws": The term"Environmental Laws" means any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health and the environment. (2) Definition of"Hazardous Material": The term"Hazardous Material" means any hazardous or toxic substance, material or waste, including,but not limited to, those substances,materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. pt. 302 and amendments thereto) or in the Washington Hazardous Waste Management Act (Ch. 70.105D RCW) or the Model Toxics Control Act(Chs. 70.105D RCW, 82.21 RCW), petroleum products and their derivatives, and such other substances,materials and wastes as become regulated or subject to cleanup authority under any Environmental Laws. b. Compliance with environmental laws. Seller represents and warrants that: (1) Seller has no actual knowledge of the release or presence of any Hazardous Material on, in, from or onto the Real Property; (2) Seller has not generated, manufactured,refined, transported, stored, handled, disposed of or released any Hazardous Material on the property, nor has Seller permitted the foregoing; (3) To the best of Seller's actual knowledge, Seller has obtained all approvals and caused all notifications to be made as required by Environmental Laws; (4) To the best of Seller's actual knowledge, Seller has not received any notice of any violation of any Environmental Laws; (5) To the best of Seller's actual knowledge, no action has been commenced or threatened regarding Seller's compliance with any Environmental Laws; (6) To the best of Seller's actual knowledge,no tanks used for the storage of any Hazardous Material above or below ground are present on or about the Real Property; and (7) To the best of Seller's actual knowledge, no action has been commenced or threatened regarding the presence of any Hazardous Material on or about the Real Property. c. No waiver of liability. Seller has not released or waived and will not release or waive the liability of any previous owner, lessee or operator of the Real Property or any party NIS PURCHASE AND SALE AGREEMENT -4 who may be potentially responsible for the presence or removal of Hazardous Material on or *..r about the Real Property. Seller has made no promises of indemnification regarding Hazardous Material to any party. d. Indemnification. Seller agrees to defend (with counsel approved by Purchaser), fully indemnify and hold entirely free and harmless Purchaser from and against all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees)that are imposed on,paid by or asserted against Purchaser or its successors or assigns, by reason or on account of, or in connection with, or arising out of(i) the presence or suspected presence of Hazardous Material in the soil, groundwater or soil vapor on or about the Real Property, or(ii) the migration of any Hazardous Material from or onto the Real Property, or(iii) the violation of any Environmental Law, and, with respect to (i), (ii) and (iii), that existed as of or prior to the Closing Date and only if it did so in violation of Seller's representations. This indemnification of Purchaser by Seller includes, without limitation, costs incurred in connection with any of the following: r (1) Any investigative or remedial action involving the presence of Hazardous Material on or about the Real Property or releases of Hazardous Material from the Real Property; (2) Any allegations made by any governmental authority or any private citizen or entity or group of citizens or entities as to the violation of any Environmental Laws involving the Real Property or the operations conducted thereon; and/or (3) Any injury or harm of any type to any person or entity or damage to any property arising out of, in connection with or in any way relating to (i) the generation, manufacture, refinement, transportation, treatment, storage, recycling, disposal or release, or other handling of Hazardous Material on or about the Real Property or pursuant to the operations conducted thereon, and/or(ii) the violation of any Environmental Laws, and/or(iii)the contamination of the Real Property. e. Environmental inspection. During the Feasibility Study Period, Purchaser upon reasonable notice to Seller will have the right to take soil and water samples (including groundwater samples) from the Real Property, and to test and analyze those samples to determine the extent of any contamination of the soils and water(including groundwater) on or about the Nome PURCHASE AND SALE AGREEMENT- 5 Real Property. If,based on the results of those inspections and/or tests, Purchaser determines that the condition of the Real Property is unsatisfactory or if Purchaser believes that its ownership of the Real Property would expose Purchaser to undue risks of government intervention or third-party liability, Purchaser may,without liability, cancel the purchase of the Property and terminate this Agreement. 10. Continuation and survival of representations and warranties: All representations and warranties by the respective parties contained in this Agreement or made in writing pursuant to this Agreement are intended to and will remain true and correct as of the time of closing,will be deemed to be material and will survive the execution and delivery of this Agreement and the delivery of the Deed and transfer of title. Such representations and warranties,however, are not assignable and do not run with the land, except as may be expressly provided herein or contained in a written instrument signed by the party to be charged. 11. Governing law: This Agreement will be governed by and construed in accordance with the laws of the state of Washington. 12. Nonmerger: The terms and provisions of this Agreement, including, without limitation, all indemnification obligations, will not merge in,but will survive, the closing of the transaction contemplated under this Agreement. 13. Default: If either party defaults in his contractual performance herein,the non- defaulting party may seek specific performance pursuant to the terms of this Agreement, damages, or rescission. The non-defaulting party shall be entitled to recover its costs and attorney's fees in the event counsel is retained as a result of such default. 14. Miscellaneous: There are no verbal or other agreements which modify or affect this Agreement. Time is of the essence of this Agreement. Purchaser has not consulted with,nor discovered the respective parcels through the use of a realtor or other agent and there are no finder's fees or commissions due upon this transaction. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as transmission of an original. At the request of either party,or the Closing Agent,the parties will confirm facsimile transmitted signatures by signing an original document. Notices given under this Agreement shall be in writing and shall be delivered personally with written receipt therefor, or sent by certified mail,return receipt requested,to the following addresses: PURCHASE AND SALE AGREEMENT - 6 Seller: N+Nr.r 4A Development Corporation 24255 104th Ave SE Kent, WA 98030-4972 Purchaser: City of Renton C/O Leslie Betlach 1055 Grady Way South Renton, WA 98055 15. Residency of Seller: Seller warrants to Escrow Agent that if Seller is an individual, Seller is not a non-resident alien for purposes of U.S. income taxation or if Seller is a corporation, partnership, trust, or estate, Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate. 16. Contingencies: The obligation of the Purchaser under this Agreement is contingent upon the occurrence of the following on or before the date of closing: a. Receipt by the City of Renton of a King County Conservation Futures Grant. b. Approval of the purchase by the Renton City Council. DATED this day of , 2008. SELLER: 4A DEVELOPMENT CORPORATION By: A. Craig Romney, PURCHASER: CITY OF RENTON By: Denis Law, Mayor ATTEST: By: Bonnie I. Walton, City Clerk None PURCHASE AND SALE AGREEMENT- 7 STATE OF WASHINGTON ) COUNTY OF KING ) THIS IS TO CERTIFY that on this day of 2008, before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn,personally appeared A. Craig Romney, to me known to be the of 4A Development Corporation, the corporation that executed the within and foregoing instrument and acknowledged the said instrument onedfree and on oath st ated ted thaact ts /he was deed of said corporation for the uses and purposes therein menti authorized to execute said instrument, and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and official seal the day and year in this certificate first above written. Signature: Notary Public in and for the state of Washington. Notary(print): Residing in: My appointment expires: v,d PURCHASE AND SALE AGREEMENT - 8 • STATE OF WASHINGTON ) COUNTY OF KING ) THIS IS TO CERTIFY that on this day of , 2008, before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared Mayor Denis Law to me known to be the Mayor of the City of Renton, the municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed, if any, is the corporate seal of said municipal corporation. WITNESS my hand and official seal the day and year in this certificate first above written. Signature: Notary Public in and for the state of Washington. Notary(print): Residing in: My appointment expires: "®r PURCHASE AND SALE AGREEMENT- 9 Order No. 607703 A.L_T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the State of Washington, and described as follows: Beginning at the northeast corner of the northeast quarter of the northeast quarter in Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington; Thence west on the north line to the center of County Road; Thence south 7°50'45" west on said line 165 feet; Thence south 89'03'13" east 565 feet; Thence south 22°31'55" east 1B0.92 feet; Thence south 89°03'13" east 314.7 feet; Thence north 329.75 feet to the point of beginning; EXCEPT County Road; AND EXCEPT any portion platted in Volume 72 of Plats, pages 39 and 40; AND ALSO EXCEPT the west 329 feet thereof. END OF SCHEDULE A NOTE FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. NE NE 31-23-05 ATTACHMENT "A" CITY OF RENTON, WASHINGTON Nome RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON BY INCLUDING A $170,000 ALLOCATION FOR THE ACQUISITION OF OPEN SPACE ALONG PANTHER CREEK. WHEREAS, the City of Renton entered into an Interlocal Cooperation Agreement with King County on June 5, 1990, which provides for the acquisition of monies through the Conservation Futures Levy Fund for the purpose of acquiring open space; and WHEREAS, the City of Renton applied for Conservation Futures funding assistance to acquire certain open space parcels along Panther Creek; and WHEREAS, King County has approved the City's request and authorized the expenditure of up to $170,000 in matching funds to acquire parcels alongPanther nther Creek in the southern part of the City of Renton; and WHEREAS, the acquisition of the remaining open space lands along Panther Creek in the southern part of the City is consistent with the City's Comprehensive Park, Recreation and Open Space Plan, and further, that the City Council of the City of Renton considers it in the best public interest to acquire these remaining lands; and WHEREAS, Article VI, Section 6.1 of the Interlocal Cooperation Agreement requires that the City take appropriate legislative action to commit funds for the purpose of matching the amounts allocated by King County; and WHEREAS, it is necessary to amend the existing interlocal agreement between the City of Renton and King County to include that additional $170,000 allocation; iftry 1 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, -,4010 WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION IL The Mayor and City Clerk are hereby authorized to amend the existing City of Renton-King County Interlocal Agreement to include the allocation of an additional $170,000 for the acquisition of property along Panther Creek. SECTION III. Any fund assistance so received shall be used to acquire open space land along Panther Creek in the southern part of the City of Renton. SECTION IV. The City's share of the project will be derived from the City's Municipal Facilities Capital Improvement Fund and/or the City's Community Development Impact Mitigation Fund. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.13 66:8/15/08:scr 2 . AMENDMENT TO THE CONSERVATION FUTURES "`No INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF RENTON and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 5th day of June, 1990, as previously amended. The parties agree to the following amendments: Amendment 1: Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the Craig Property acquisition, and hereafter reads: Noisy • On November 21, 2005 the King County Council passed Ordinance 15333, which appropriated a total of One Hundred Seventy Thousand Dollars ($170,000) in Conservation Futures Levy proceeds to the City of RENTON for the Craig Property acquisition Project. On April 17, 2006 The King County Council passed Ordinance 15423, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 15333. Amendment 2: Article V. Conditions of Agreement Section 5.1 is appended to include Attachment H, which lists a 2006 Conservation Futures Levy Allocation for the Craig Property Acquisition project. Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are appended to include Attachment H, which lists a 2006 Conservation Futures Levy proceeds allocation for the Craig Property acquisition Project: Amendment H Annual CFT Interlocal Renton-King County 2006 CFT proceeds -1- Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amountsshown in ttH Attachments he City may through qu st be used NINO for the Projects listed in Attachments A through additional funds; however, the County has no obligation to provide funds to the City for the Projects in excess of the total amounts shown in Attachments A through H. The County assumes no obligation for the future support of the Projects described herein except as expressly set forth in this agreement. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. This document shall be attached to the existing Interlocal Cooperation Agreement. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF RENTON Ron Sims Denis Law King County Executive Mayor Date: Date Acting under the authority of Acting under the authority of Ordinance 15333 Ordinance: Approved as to form: Approved as to form: Dan Satterberg City Attorney King County Prosecuting Attorney Amendment H Annual CFT Interlocal Renton-King County 2006 CFr proceeds -2- ATTACHMENT H 2006 CONSERVATION FUTURES LEVY CITY OF RENTON ALLOCATION Jurisdiction Project Allocation RENTON Craig Property $170,000 TOTAL $170,000 Project Description: Craig Property: This project consists of the acquisition of a 3.6-acre woodland property located north of 179th Street and lying adjacent to the City of Renton's 18-acre Edlund Farm property. The property contains a forested hillside and an un-named tributary to Panther Creek. The City plans to develop a soft-surface trail on the property that will link with Edlund Farm and the 4411.1.0, Panther Creek Wetlands. City of RENTON—Craig Property $170,000 Now Amendment H Annual CFT Interlocal Renton-King County 2006 CFT proceeds -1- CITY OF RENTON COUNCIL AGENDA BILL AI#. sC. ,, Submitting Data: For Agenda of: 9/15/2008 Dept/Div/Board.. Hearing Examiner Staff Contact Fred J. Kaufman, ext. 6515 Agenda Status Subject: Consent X 'Public Hearing.. Lake Washington View Estates PreliminarydiPlat Oorrnaondence cFile No. LUA-08-057, PP, SM Oesoluune o Retion Exhibits: Old Business Hearing Examiner's Report and Recommendation and New BSessions Zoning Map Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted Revenue Generated Nall Total Project Budget CityShareTotal Project roject SUMMARY OF ACTION: The hearing was held on August 5, 2008. The Hearing Examiner's Report and Recommendation on the Lake Washington View Estates Preliminary Plan was published on August 14, 2008. The appeal period ended on August 28, 2008. No appeals were filed. STAFF RECOMMENDATION: Approve the Lake Washington View Estates Preliminary Plan as outlined in the Examiner's Report and Recommendation. kilsoli Rentonnet/agnbill/ bh August 14, 2008 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Conclusion and Recommendation APPLICANT: Greg Fawcett The Rob-Clarissa Fawcett Partnership PO Box 402 Fall City, WA 98024 OWNER: The Rob-Clarissa Fawcett Partnership And Clarissa Fawcett PO Box 402 Fall City, WA 98024 CONTACT: Jim Hanson Hanson Consulting 17446 Mallard Cove Lane Mt. Vernon, WA 98274 Lake Washington View Estates Preliminary Plat File No.: LUA 08-057, PP, SM LOCATION: 4200 Block of Lake Washington Blvd N Noire SUMMARY OF REQUEST:Q Requesting Preliminary Plat approval and Shoreline Substantial Development Permit for subdivision of a 5.53 acre parcel into 13 lots and one open space tract for the future construction of single-family residences. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions. DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on July 29, 2008. PUBLIC HEARING: After reviewing the Development Services Report,examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the August 5, 2008 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, August 5, 2008, at 9:02 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affuined by the Examiner. Lake Washington View Estates Preliminary Plat File No.: LUA-08-057, PP, SM August 14, 2008 Page 2Nal The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map application,proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No.3: Overall Preliminary Plat Plan Exhibit No.4: Preliminary Plat Plan Lots 1-12 Exhibit No.5: Preliminary Plat Plan Lot 13 Exhibit No. 6: Landscape Plan Exhibit No. 7: Preliminary Drainage Plan Exhibit No. 8: Zoning Map Exhibit No.9: ERC Mitigation Measures Exhibit No. 10: ERC Advisory Note Exhibit No. 11: Full size map of 100 year flood plain along the Cedar River The hearing opened with a presentation of the staff report by Gerald Wasser, Associate Planner, Community and Economic Development Department, City of Renton, 1055 S Grady Way, Renton,Washington 98055. The property is located east of Lake Washington Blvd,north of N 40t Street and south of N 44"'Street in the R-8 zone. The proposed lots would range in size from 5,159 square feet to 15, 174 square feet,resulting in a net density of 3.95 du/ac. A wetland report, stream study and geotechnical report were submitted with the project application. ''.` The wetland report identified 3 wetlands, 2 Category 3 wetlands and one Category 2 wetland. May Creek is located on the northern boundary of the site and is a Class 1 stream. There is an unnamed Class 4 stream that connects the two wetlands on Tract A. The geotechnical report identified two protected slope areas on the eastern portion of the site. All critical areas on site would be located within Tract A. Environmental Review Committee issued a Determination of Non-Significance—Mitigated with 10 mitigation measures. No appeals were filed. This Determination was issued for a previous project of the same name with project number LUA 07-039. The new project today is with a change of Applicant and a redesign of the project. The proposed plat is consistent with the Residential Single Family Land Use and Community Design Elements of the Comprehensive Plan. The proposed plan further would allow for the future construction of up to 13 new single-family residential units. After the deduction of public rights-of-way,private access easements and critical areas from the gross acreage, the 13-lot subdivision would result in a net density of 3.95 dwelling units per acre. As proposed all lots appear to be in compliance with the required lot width, depth and size standards for the R-8 zone. All setback standards and building standards will be verified prior to the issuance of individual building permits. A conceptual landscape plan was submitted and appears to comply with the City's landscaping regulations. Each lot would have access to a public right-of-way, Lots 1-12 would access directly off Road A and Lot 13 would access off N 40`h Street. All lots appear to comply with arrangement and access requirements of the Subdivision Regulations. The proposed lots further appear to have sufficient building area for the development "v ird of detached single-family homes. Lake Washington View Estates Preliminary Plat File No.: LUA-08-057,PP, SM August 14, 2008 Page 3 A revised preliminary plat map along with the Utility Construction Permit Application was requested showing a 35-foot curb return radius along Lake Washington Blvd N. Access to Lots 1-12 would be provided via a new internal 42-foot wide public street(Road A). Lot 13 access would be provided via a pipestem off N 40th Street. Full street improvements, including paving, sidewalks, curb and gutter, storm drains, landscaping, street lighting and signage would be required along the frontages of Lake Washington Blvd N and the new internal street (Road A). Traffic, Fire and Park Mitigation Fees were imposed by the Environmental Review Committee. The site slopes down to the north at an average grade of 13 percent. A slope with a grade in excess of 40 percent is located on the east portion of the project site and meets the City's criteria for classification as a Protected Slope. No development is proposed on the Protected Slope area. In order to further protect May Creek the City's ERC imposed a wider buffer of 50 feet on May Creek rather than the 25-foot buffer mandated by the City's current shoreline regulations. The project will be subject to the 2005 Depai tuient of Ecology Manual regarding erosion control. To ensure that none of the trees proposed to be retained are damaged during construction, it was recommended that those trees would be shown on each of the plans submitted as part of the Utility Construction Permit Application. To protect the protected slopes, wetlands, streams, and associated buffer areas from impacts related to the construction of new single-family residences,it was recommended that the plat map be revised to include the protected slopes, wetlands, streams, and their associated buffer areas within a Native Growth Protection %ow Easement prior to or concurrent with the recording of the final plat. In addition, the applicant proposes 30 new street trees as part of the project landscape plan as well as additional trees in the Wetlands Buffer Enhancement Plan. The Renton School District has stated that they can accommodate the approximate 6 additional students generated by this proposal. A Technical Information Report was previously submitted, a Level One Analysis was submitted with the current application. The existing drainage currently discharges to May Creek. The proposed drainage control would be by two detention vaults. The project site contains a portion of the May Creek 100-year flood plain, it was recommended that drainage and surface water design modeling be conducted. Further discussion was had regarding the flood plain and the effects it could have on a development of this type and size. The site is within the City of Renton water and sewer service area. There is an existing 12-inch water main within Lake Washington Blvd and Meadow Ave NE. Water main improvements for this development would entail improvements to provide the minimum fire flow and would include a water main extension along the frontage of the project on Lake Washington Blvd to the north property line, a water main extension of an 8-inch minimum within the new street, and fire hydrants, domestic and landscape water meters would be required. There is an 8-inch sewer main adjacent and available to serve the site. There is also a King County Metro line in Lake Washington Blvd. This development would be required to extend the sanitary sewer along the frontage of the site, however the plat can also be served by a connection to the Metro Sewer line. Subsequent to transmittal of the Preliminary Report, the Director of Parks has requested in addition to the Parks 'New Mitigation Fees, they would like an easement for trail purposes on the north side of May Creek for continuous trail connection from Lake Washington to Cougar Mountain. Lake Washington View Estates Preliminary Plat File No.: LUA-08-057,PP, SM August 14, 2008 Page 4 *440 Jim Hanson,Hanson Consulting, 17446 Mallard Cove Lane,Mt.Vernon,WA 98274 stated that they agree with the staff report with the exception of the 100 year flood study. FEMA regulates flood elevations and it is a requirement that the adopted 100-year flood map be adopted and followed. FEMA is in the process of redoing some of the their maps in this locality,however,May Creek is not one of the streams that they are actively looking at changing at this time. It is very clear on the FEMA map where the 100-year flood plain is located and it is shown on their plat map. The Examiner questioned Mr.Wasser as to what the impetus was with regard to imposing this condition. Kayren Kittrick,Development Services stated that it appeared that it was inadvertently from the previous comments as opposed to what was specifically commented on for this project. The only point where there might be a constriction would be at the point where May Creek crosses Lake Washington Blvd and everything has been improved in this area. This appears to be an old comment, it does not show up in her plan review's comments. Darrell Offe, Offe Engineers, 13932 SE 159th Place,Renton,WA 98058 stated that he is familiar with the questions being asked. The Level One analysis provided to the City(May 30, 2008) Section 4 does state sizing for the detention vaults and on the Drainage Control Plan there is sizing also shown for the two vaults. The actual FEMA map,which includes cross sections marked on it(was included in his report to the City) under Appendix 3b, shows the elevations and flood zones as it affects the property. At cross section E the elevation is 29 and upstream from that is a cross section with an elevation of 30, going further to the east side of the property the elevation becomes 34. At the bridge there is a cross section elevation of approximately 26. Moving from the westerly portion of the property to the east within May Creek, the elevation is changing in that flood plain. The elevation of Lots 8-11 is currently 28 and the cross section of the flood plain in that area is 28/29. The complaints that have been stated in the report are coming from a basin report that is approximately 20 years old. Those constraints that are downstream at the Barbee Mill and at the mouth of the creek have gone away with the activity that has occurred down there. The dredging has reduced the silt build up in the creek and the restrictions that are in the basin plan no longer exist. The Examiner inquired as to the cost of having this analysis done. It may not be an issue,but in 10 years or so it just may flood and become an issue that should have been handled now and not left alone. If the analysis were to be done,how long would it take to complete? Mr. Hanson stated that the previous applicant did get one proposal to do this study and it was a little over $25,000.00. The only other issue he had was the trail. The north side of May Creek is not part of this parcel, and not part of the application. Mr. Offe stated he was not certain of the time, it is not an easy task,but he can't imagine that it would be too long to do. However,the City is required to go by the FEMA adopted map. The applicant in building houses must go by the FEMA adopted map. If they were to do a study and find that the flood elevation is lower,FEMA would not accept it. Kayren Kittrick stated that she was not aware of the trail issue,there was nothing in her report about it. The 2005 preliminary report was fine. There were some calculations for the vaults,the question always arises if anything would change in the final design. An updated TIR is always required as part of the Utility permit. Mr. Hanson stated that they have had conversations with Dave Christianson,the City's Sewer Utility and Metro. Metro at the time of those discussions had no objection to using their facility,but the actual application or Lake Washington View Estates Preliminary Plat File No.: LUA-08-057, PP, SM August 14, 2008 Page 5 'err request had to come from the City of Renton, at the time of the construction permit, the City of Renton would be the one to make the application to Metro. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:06 a.m. FINDINGS, CONCLUSIONS &RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Greg Fawcett, The Rob-Clarissa Fawcett Partnership,represented by Jim Hanson, filed a request for a Preliminary Plat. 2. The yellow file containing the staff report, the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non-Significance -Mitigated(DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 'taw 5. The subject site is located in the 4200 block of Lake Washington Boulevard North. The subject site is located on the east side of the boulevard north of N 40th Street. May Creek generally forms the northern boundary of the subject site. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of detached single-family homes, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family- 8 dwelling units/acre). The R-8 zone requires density to be in the range of 4 to 6 dwelling units per acre. 8. The subject site was annexed to the City with the adoption of Ordinance 2341 enacted in July 1967. 9. The subject site is approximately 5.5 acres or 241,053 square feet. The subject site is a very irregularly shaped parcel approximately 220 feet wide by 900 feet long. 10. The subject site contains a variety of critical areas including steep,protected slopes, one Category 2 wetland, two Category 3 wetlands, a Class 4 creek and the south shoreline of May Creek as well as the creek. May Creek is a "shoreline of the state" and brings the proposed plat under the Shorelines Management Act. The proposal requires a Substantial Development Permit. 11. Wetland 1, a 6,093 square foot wetland, is a Category 3. Wetland 2,a 3,831 square foot wetland, is also a Category 3. Wetland 3 is a Category 2 wetland and is 23,756 square feet. Wetlands 2 and 3 are connected by the Class 4 creek. Two protected slopes were identified on the eastern portion of the site. The applicant has proposed creating a separate tract,Tract A, to contain all of the critical areas including their required buffers. In addition,the ERC required setbacks from the top of the critical slopes unless geotechnically appropriate and an increase in the protective May Creek buffer to 50 feet. Lake Washington View Estates Preliminary Plat File No.: LUA-08-057,PP, SM August 14,2008 Page 6 12. A tree survey indicates that seven(7) trees would need to be retained or replaced under City regulations. 13. The applicant proposes dividing the subject site into 13 lots along with the tract containing the various critical areas. Twelve of the lots,Proposed Lots 1 to 12,would be on the western portion of the subject site with access from Lake Washington Boulevard. Proposed Lot 13 would be located on the far or east side of the critical areas tract and it would be accessed via an existing pipestem to Meadow Avenue North at its intersection with North 40th Street. 14. The main portion of the plat,Proposed Lots 1 to 12, generally would be aligned north and south of a new west to east roadway off of Lake Washington Boulevard. Proposed Lots 1 to 6 would be aligned on the south side of the road while Proposed Lots 8 to 12 would be aligned on the north side of the roadway. Proposed Lot 7 would be located at the end of the road. A modified hammerhead or cul-de- sac would accommodate turning maneuvers in a half bulb in the vicinity of Proposed Lots 8,9 and 10. The roadway would be a deadend since the critical areas east of Proposed Lot 7 would prevent any extension of the roadway further to the east. 15. As noted Proposed Lot 13 would be separated from the rest of the plat by the critical areas. The lot's proposed pipestem access will exceed City standards because it exceeds 150 feet in length but staff noted that this excessive length is an existing condition and access is already permitted via this pipestem. 16. Staff noted that the proposed curb radius of the new street with Lake Washington Boulevard is proposed s at 25 feet and code requires 35 feet. The vertical hat the constraints roadway on the shapelof the pardCelt50 feet Nwed and the and code requires it to be 100 feet. Staff noted limitations imposed by the critical areas makes alley access infeasible. 17. The density for the plat would be 3.95 dwelling units per acre after subtracting sensitive areas(wetlands and protected slopes: 83,838 square feet) and roadways(13,543 square feet). The proposed subdivision results in a plat that does not meet the minimum density required in the R-8 Zone. Code permits a density below standards when a property is constrained by critical areas(RMC 4-4-110D.1.b). The fact that the entire center of the subject site is encumbered by streams,wetlands and protected slopes justifies approving a plat with less than the normally required density. ct. The roject is expected to rate 18. The subapproximately 5 olocated schoollthin the Renton age children. These School tudents would be spread across the gradesandwould approximat y be assigned on a space available basis. 19. The development will increase traffic approximately 10 trips per unit or approximately 130 trips for the 13 single-family homes. Approximately ten percent of the trips, or approximately 13 additional peak hour trips will be generated in the morning and evening. 20. Stormwater now drains to May Creek. That flow will be maintained but controlled by two detention vaults. Staff noted that size calculations were not provided but indicated that there is sufficient room to provide appropriately sized vaults. 21. Water lines are available in both Lake Washington Boulevard west of the site and Meadow Avenue :,,,d North, east of the subject site. The Lake Washington line would have to be extended along the property line to the north. The City might want the line oversized and would share the costs of a line larger than Lake Washington View Estates Preliminary Plat File No.: LUA-08-057, PP, SM August 14, 2008 Page 7 required. 22. An 8-inch sewer main is adjacent to the subject site. There is also a major King County Metro line in Lake Washington Blvd. The King County line may be used but the applicant would need special permission to use that line. 23. As noted,May Creek runs along the north boundary of the subject site. The creek's 100-year floodplain is located along or near that boundary. Staff noted the following: "Due to staff concerns regarding the impacts flooding could have on the proposed development, staff recommends as a condition of approval that drainage and surface water design modeling be conducted. The modeling shall include a determination of the future conditions to determine the maximum 100-year flood surface water elevation. Hydrologic modeling using the Hydrologic Engineering Centers River Analysis System(HEC-RAS)software will be required as part of the Utility Construction Permit submittal. The future condition flow should utilize the May Creek Basin Plan 100-year model flow of 1059 CFS." At the hearing staff suggested the condition had been attached to the prior proposal for this site and it might not be appropriate at this time. No representative from Surface Water was available to make further comment. CONCLUSION: Noisy 1. The proposed plat appears to serve the public use and interest. A major factor in this plat is the extensive area in the center of the property dominated by critical areas including protected slopes, three wetlands and two creeks. The acreage constrained by these critical areas also reduces the overall acreage that may be divided to create lots suitable for R-8, single-family homes. 2. The fact that the entire center of the subject site is encumbered by streams, wetlands and protected slopes justifies approving a plat with less than the normally required density(RMC 4-4-110D.1.b). While the Zoning Code provides a minimum density of four homes per acre in the R-8 District, when critical areas reduce the overall developable area, density may be reduced. In this case the site can provide a reasonable development pattern when achieving a density of 3.95 dwelling units per acre. 3. The applicant will be segregating out those critical areas and they will be placed in a Native Growth Protection Easement to assure that they are undisturbed. This area will contain not only the critical areas themselves but also the buffers that protect those features. 4. The property lies along May Creek and proposed Lots 7 to 12 are located along the south shore of the creek. While there appears to be some question about the appropriateness of the condition requiring a delineation of the 100-year flood zone quoted in Finding 23 above, it appears that a review of this property when development was first proposed found that there might be some ambiguity about where the 100-year flood plain intersects the proposed lots of the south side of the Creek as well as actual or current conditions for this site. A condition to study the 100-year flood level to assure lives and property would not be jeopardized if flooding events were to occur on this property is reasonable. The City is bound by minimum FEMA flood standards. But it may impose greater safeguards usingt itNionappropriate discretion to ascertain current conditions at the location of a proposed development within its jurisdiction. Flood conditions can change due to erosion, sedimentation, deposition of woody debris and other seasonal or longer-term events. At this point in the review, it appears that the condition is Lake Washington View Estates Preliminary Plat File No.: LUA-08-057,PP, SM August 14, 2008 Page 8 reasonable and should be required. All development that occurs on the site shall abide by appropriate safety standards depending on flood plain analysis. 5. The plat appears to provide an offset to the impacts its development will create. The ERC imposed fees to help pay for additional transportation improvements,emergency services and recreational needs. 6. The development of the plat will also increase the tax base of the City, which should offset additional impacts of providing a range of urban services to the new residents. 7. The impacts of developing this parcel on traffic and the neighborhood character were considered when the zoning and comprehensive plan policies were adopted for this area. Clearly,the site has its sensitive elements and development will affect the character of the May Creek corridor. 8. As noted, the applicant will have to comply with the various technical standards for roads, stormwater detention and sewer and water lines. The applicant will also have to comply with the City's landscaping and tree retention regulations. 9. In conclusion, it appears that with the conditions proposed below,this plat containing very sensitive critical areas and flood plain encumbered property, can be reasonably developed. RECOMMENDATION: The City Council should approve the proposed 13-lot plat subject to the following conditions: 41101 1. The applicant shall comply with all requirements of the Determination of Non-Significance—Mitigated that was issued by the Environmental Review Committee on October 22, 2007 for Project File No. LUA-07-039,PP,ECF, SM. 2. A revised preliminary plat map shall be submitted with the Utility Construction Permit Application showing a 35-foot curb return radius with Lake Washington Blvd N. 3. A native Growth Protection Easement(NGPE) shall be recorded over the protected slopes,wetlands, streams, and their associated buffer areas prior to or concurrent with the recording of the final plat map. 4. The edge of the NGPE shall be delineated with a split rail fence and identified with signage as approved by the Development Services Division Project Manager. A fencing and signage detail shall be submitted to the Development Services Division Project Manager at the time of Utility Construction Permit Application for review and approval. The fencing and signage shall be installed prior to the recording of the final plat. 5. The trees proposed to be retained throughout the project shall be shown on each of the plan sheets submitted as a part of the Utility Construction Permit Application and protection measures for the trees to ensure survival during construction of the project shall be submitted for review and approval by the Development Services Division Project Manager prior to the issuance of a Utility Construction Permit. 6. Sizing calculations for the detention and water quality facilities(detention vaults) in accordance with the 2005 Surface Water Design Manual shall be provided at the tine of Utility Construction Permit application. 7. Drainage and surface water design modeling shall include a determination of the future conditions to Lake Washington View Estates Preliminary Plat File No.: LUA-08-057,PP, SM August 14, 2008 Page 9 determine the maximum 100-year flood surface water elevation. Hydrologic modeling using the Hydrologic Engineering Centers River Analysis System(HEC-RAS) software will be required as part of the Utility Construction Permit submittal. The future condition flow should utilize the May Creek Basin Plan 100-year model flow of 1059 CFS. 8. All development that occurs on the site shall abide by appropriate safety standards depending on flood plain analysis. ORDERED THIS 14th day of August 2008. f FRED J. KAUaIAN HEARING EXAMINER TRANSMITTED THIS 14th day of August 2008 to the parties of record: Gerald Wasser Jim Hanson Greg Fawcett Development Services Hanson Consulting The Rob-Clarissa Partnership Renton, WA 98057 17446 Mallard Cove Lane PO Box 402 Mt. Vernon, WA 98274 Fall City, WA 98024 **me Clarissa Fawcett The Rob-Clarissa Partnership Lynda Priddy Ron Straka PO Box 402 EPA Utility Engineering Supervisor Fall City, WA 98024 1200 6th Avenue, Ste 900 City of Renton Seattle, WA 98101 TRANSMITTED THIS 14th day of August 2008 to the following: Mayor Denis Law Dave Pargas, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman, PBPW Administrator Transportation Division Alex Pietsch,Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts,Development Services Stacy Tucker,Development Services Janet Conklin, Development Services Marty Wine, Assistant CAO Renton Reporter Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,August 28, 2008. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. Now An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. mik Lake Washington View Estates Preliminary Plat File No.: LUA-08-057,PP, SM August 14,2008 Page 10 Copies of this ordinance are available for inspection or purchase in the Finance Department,first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,August 28, 2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. Project Location: 4200 Block of Lake Washington Blvd N (parcel 322405 9081) /' SITE 6 q 4 a a p • ' ,' i . '-'.-'‘,;''ffaiti--0414j."‘i4'/,,,4.7.4:,ilivt;t4.:-,,,ii:J.,,.,,,l- _ro .,I.,..0,,,,,._?,.0 ,....,..,..i,,,--i;.,,,..,,,z,,I,::,:tihii.:._,..,_,.:_zi.,.. ...Q 1.5.1.- r,‘..14., , a er .k• //� � K r a ,---,,:,1 "ty 7, 4-.0,;.,•/4,z, , r il t � `I� `S r' , � n�f iaf4'14 1! .- 1 /,,E4 - 29 T24N R5E W 1/2 \ ) F . Li _ C A CDR NE 431: EXHIBIT 8 ' CA '41111.0e CUR i- .. . , •,.. .-.., / A , . ... , _ \Ai - • - i ' U ri4 ..._-- :, _ ei„I •„,. 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PN 4 3 - 2 - o6519 ,f 121 102 �> �},�, , U rc /.% .x ,� yam Zi o t.t4 5 � 5 ° r f-Ri-s', ,3't 7_.i� ~ s '`� •'tg r s �+. .7 o-t.F - ., r.- - i.: x� ( ( ( C , PORTION OF GOVT LOT 1, SECTION 32, TOWNSHIP 24 N, RANGE S EAST, W.M. NOTE, "' ‘:,11-- t' IE EXISTING UT ILITT LOCATIONS SHOWN KREON ARC / I f APPROXIMATE ONLY. IT SHALL BC THE CONTRACTOR'S K !I• ^ RESPONSIBILITY TO DETCRNINC TK EXACT VERTICAL 4, '., MORRONT AL LOCATION 01 ALL EXISTING UNDCRGROUHD'. J UTILITIES PRIOR TO COMMENCING CONSTRUCTION NO REPRESENTATION IS MADE THAT ALL EXISTING UTILITIES ARC SHOWN HEREON THE ENGINEER ASSUMES NO RCSPONSIBIL ITT FOR UTILITIES NOT SHOWN OR UT IL IT ICS / NOT SNOYN IN THEIR PROPER LOCATION. N CALL WORE TOT/DIGS 1-900.121-SS0S L 6 VIZ / O / W2 \ r 51 z Z =o pati •• 12 9 `\ rn 3� �. Yi 10 8 \ 1 I1 St s U�O`. �� �� \ I 4 14 CA 0 ��� j M \ OPEN SPACE TRACT �e A PROPD SFD'� ` . AC � •FS �y PROPOSE�D`_ `- 3"SEWER 4eWAreRSIN�'�__ ------- ? �• imi k.2 Op IV } / t-.6 (1 13 • Ow 1 / 1 aq /' 1 2 3 8 y', / 4 5 - \It r 7 , • q PROPOSED FIRE HYDRANTS ---------L-__ l C A B4 TYPICAL 2 LOCATIONS "�- li I - I $ r II, tail I W a LL! LL f w F DEVELOPMENT PLANNING I a CITY OF RENTON zo 0 I sUN - 92a08 ------------ --y z - = a GRAPHIC SCALE RECEIVED 20 AD 00 I a z O a DATE _21., .10B NO.—. OMC NO._ 1 GHRA 1 3 OF 1 CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Administration September 15, 2008 Staff Contact Gregg Zimmerman(x-7311) Agenda Status Consent X Subject: Public Hearing.. Cost Contribution Toward City Capital Improvement Correspondence.. Projects of Properties in which Frontage Improvements Ordinance X have been Deferred by Restrictive Covenant Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Refer to Transportation/Aviation Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The City used to allow deferral of frontage improvements for short plats upon condition that a restrictive covenant be recorded against the lots requiring the owners to participate in and pay their fair share of any future Local Improvement District (LID) or City-initiated project to install frontage improvements including curbs, gutters, sidewalks, and other improvements. City code has since been revised to condition such deferrals upon a payment of fee-in-lieu of street improvements. This proposal would establish that properties required by restrictive covenant to contribute to the costs of street frontage improvements that are part of a City capital improvement project would be assessed an amount consistent with the payment of fee-in-lieu of street improvements as established by RMC 4-9-060C.9.d. Cost participation by the property owners would be triggered by the City initiating such a capital improvement project. Property owners shall also have an option of paying over a 10 year period, with 6 percent per annum interest applied. STAFF RECOMMENDATION: Adopt an ordinance establishing the cost contribution toward City capital improvement projects of properties in which frontage improvements have been deferred by restrictive covenant. Rentonnet/agnbill/ bh CCet1 PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: September 5, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: x' Denis Law, Mayor ' FROM: �L� Gregg Zimmermal�1 tic Works Department Administrator STAFF CONTACT: Gregg Zimmerman (x-7311) SUBJECT: Cost Contribution Toward City Capital Improvement Projects of Properties in which Frontage Improvements have been Deferred by Restrictive Covenant ISSUE: Should the City Council adopt an ordinance that establishes that the cost contribution toward City capital improvement projects of properties in which frontage improvements have been deferred by restrictive covenant is in an amount consistent with the payment of fee-in-lieu of street improvements as established by RMC 4-9-060C.9.d? Owners of such properties shall also have an option of paying over a 10 year period, with interest applied. RECOMMENDATION: Adopt an ordinance establishing that the cost contribution toward City capital improvement projects of properties in which frontage improvements have been deferred by restrictive covenant is in an amount consistent with the payment of fee-in-lieu of street improvements as established by RMC 4-9-060C.9.d. Owners of such properties shall also have an option of paying over a 10 year period, with 6 percent per annum interest applied. BACKGROUND: Title IV of the City Code Development Regulations, requires that subdivision of property through short plat approval requires that street frontage improvements be made, including curbs, gutters, sidewalks, pavement width, and other improvements. City Code includes provisions for the deferral of such improvements in cases in which there are no similar improvements in the vicinity, installation of the improvements would require substantial off-site roadway modifications, such improvements would result in safety hazard, or other unusual circumstances that would preclude the construction of the improvements as required. City Code used to allow for deferral of such improvements by h Adivi si on.s\admin\gregg\deferral issuepapen doc Renton City Council September 5,2008 Page 2 of 3 restrictive covenant, with the condition that the property owner,their heirs or assigns, *4104 would be required to participate in and pay their fair share of, any future local improvement district(LID)or City initiated capital improvement project that would construct the deferred frontage improvements. Ordinance 5170, adopted December 5, 2005, deleted the method of deferral of frontage improvements by restrictive covenant, and replaced it with deferral by payment of a fee-in-lieu of street improvements. By this method, frontage improvements required for a short plat could still be deferred if the criteria are met,but a fee in the amount of the estimated cost of such improvements must be paid up front by the developer. Revenues from such fees are placed in a reserve account used to pay for pedestrian improvements in the City. This revised methodology places the costs associated with such deferrals on the developer rather than passing them along to future property owners. However,there are a number of short plats throughout the City in which restrictive covenants have been recorded requiring the lot owners to participate financially in the installation of street frontage improvement,whether these improvements are made by a local improvement district or by the City of Renton in a capital improvement project. The attached Figure 7 from the 2003 Comprehensive Sidewalk Study shows the location of many of these deferred improvements. While recorded restrictive covenants and property title reports provide this information to the owners, notice that frontage improvements are going to be built and the owners will be required to pay their fair share of the costs can be unexpected and financially burdensome. Typically such improvements are more expensive when built by the City than they would be for the subdivision developer. This is because the City builds larger projects in which long stretches of frontage improvements are designed and built,requiring grade adjustments, driveway replacements, and drainage improvements. Therefore costs of participating in a City capital improvement project will be far higher than the estimated costs of simply installing curb, gutter and sidewalk across the property frontage. The amount of payment of fee-in-lieu of deferrals is based upon average costs of street frontage improvements. In order to provide a means of equitable cost contribution, in which property owners who must contribute funds for a City project because of restrictive covenant will be required to pay an amount consistent with the amount that short plat developers are required to pay in fee-in-lieu of street improvement assessments, staff recommends that these costs be calculated consistent with the provisions of RMC 4- 9-060C.9.d. Further, in order to assist such property owners to make such payments, it is recommended that they be given the option to spread the payment over a 10 year period, with interest applied. This is similar to the option provided to residents paying for local improvement district(LID) assessments and special assessment district(SAD) assessments. Cost participation would be triggered by the City initiating a capital improvement project. The interest rate would be 6 percent per annum. H ADivi si on.s\ADMIN\GREGG\deferralissuepapen doc Renton City Council September 5,2008 Page 3 of 3 The proposed ordinance would add provision 4-9-060C.9.g, Cost Contribution toward City Projects of Properties in which Frontage Improvements have been deferred by Restrictive Covenant, to the Renton Municipal Code. cc: Alex Pietsch,Community&Economic Development Administrator Peter Hahn,Deputy PW Administrator—Transportation Neil Watts,Development Services Director Robert Hanson, Transportation Design Supervisor H:\Divisi on.s\ADMIN\GRE GG\deferralissuepapen doc 4-9-060C ii. Duration: If granted under a current by the Planning/Building/Public short plat review process, the autho- Works Department on the cost of street rization to pay a fee in lieu of street improvement construction. improvements is binding on the City for all development permits issued e. Use of Funds. In each instance for that short plat approval under the where the City accepts payment of a fee building code within five (5)years of in lieu of installing a street improvement the granting of the request for pay- under the provisions of this Section, the ment of a fee in lieu of street im- City shall deposit those funds into a re- provements. serve account and expend the funds col- lected within five (5) years of the date c. Standards:The City will not accept collected to fund other pedestrian safety the applicant's proposed payment of a improvements in the City. fee in lieu of street improvements if the f. No Further Obligation from the Planning/Building/Public Works Adminis- trator or his/her designee determines that Property. In each instance where the it is in the City's interest that the street im- City accepts payment of a fee in lieu of in- provements be installed abutting the sub- stalling street improvements,the subject ject property, taking into account such property will not be subject to participa- factors as the pedestrian safety impacts tion in future street improvement costs that result from the development. The (along the property frontage) unless re- City may accept payment of a fee in lieu development occurs that will generate instead of requiring installation of street more traffic trips than what was occurring improvements in the following circum- at the property at the time of the payment stances: of the fee in lieu of installation of street improvements. (Ord. 5170, 12-5-2005) i. There are no similar improve- ments in the vicinity and there is no 10. (Repealed by Ord. 5170) (Ord. 4521, likelihood that the improvements will 6-5-1995) sled be needed or required in the next five (5) years; or 11. Security Requirement Binding: The requirement of the posting of any security ii. Installation of the required im- therefor shall be binding on the applicant and provement would require substantial the applicant's heirs, successors and as- off-site roadway modifications; or signs. (Ord. 3988, 4-28-1986) iii. The Planning/Building/Public 12. Record of Deferral: The Planning/ Works Administrator or his/her desig- Building/Public Works Administrator or his/ nee determines that installation of her designee shall note for the Department's the required improvement would re- record the following information:the improve- , :: . suit in a safety hazard; or ments deferred, amount of security or check : : • . . deposited, time limit of security or check, • • iv. Other unusual circumstances name of bonding company,and any other per- :: : : : . : : . ..• preclude the construction of the im- tinent information. (Ord. 4521, 6-5-1995) •. • : .. • • ;provements as required. 13. Transfer of Responsibility:Whenever .:, • • ... .. d. Amount of Payment of Fee in Lieu security has been accepted by the Planning/ . • . • of Street Improvements. In each in- Building/Public Works Administrator or his/ stance where the City approves a pro- her designee,then no release of the owner or posed fee-in-lieu under the provisions of developer upon that security shall be granted this Section,the amount of the fee-in-lieu unless a new party will be obligated to per- shall be one hundred percent (100%) of form the work as agreed in writing to be re- the then-estimated cost of constructing sponsible under the security, and has the street improvements that would oth- provided security. In the instance where se- erwise be required under this Chapter, curity would be provided by a condominium based on information compiled and kept owners' association or property owners' as- 9 - 11 (Re%ised 5/08) City of Renton - Comprehensive Citywide Walkway Study May 8, 2003 *4040, VI. CITIZEN REFERRALS & BOARD OF PUBLIC WORKS DEFERRALS Citizen Referrals From time to time citizens make requests to the staff for walkway repairs or improvements. Figure 7 shows the locations where citizen requests were made from early 2001 through 2002. The requests have been separated into ramps and sidewalk issues. A three ring binder with the requests has been prepared for staff and citizen reference. Board of Public Works Deferrals The Board of Public Works hears requests from proponents of development permits to waive or defer the construction of sidewalk on street right of way at the time of construction. The Board denies some requests and grants a waiver for the construction or a deferment for other requests, each on their own merits. Figure 7 shows the locations where the Board has granted the deferment of sidewalk construction. When a deferral is granted, a security instrument is required. One method is to require the landowner to agree to participate in any future Local Improvement District (LID) to provide the sidewalk, and the agreement runs with the land. The landowner relinquishes his/her right to vote against an LID that would require the improvements. A restrictive covenant is placed on the plat. A second method used for shorter term deferrals is a lowly security device (e.g., a bond) for 150% of the estimated cost cf construction be provided to the city. The security device is released when the sidewalk is constructed. The location of these deferrals is shown separately on Figure 7. Renton School District Requests The Renton School District has identified a list of locations where walkway improvements are desired. The list is included as Appendix F. Transportation Planning & Engineering, Inc. Page -17- Legend Ordinance , o Defered-LID / nilimilln Defered-Deposit 0 / r— . Citizen Referral Ramp - Citizen Referral Sidewalk . -1. _s ---•Renton City Limits k �! Hydrography Ff� � \' ' . C._____1/4,... A800 1.600 3300 8.000 1 t1 Feet __ 05 Lake Washington i ;• _\1 a _ ! I ! dl T AIME 0 I"' % ��__r_. a ,_ . y"1251 I �r •• r L• — p A •i lira'� IN 5.... �a 41- yrapit 4tS6ST CD !a\ , . ‘, , \re i ,.. i ii./x'66 --- ' `.' re: \„. ----- rim—ill 1 ) _-- \ --- N. I_ Lci-TEV'T , ,\\-- .....) 7r ---h- r -1 A �C—, i r - i e 0 B iii 1 B_. I 1 SW,3 .' 0 I_r. / li 1 f i I 1 a 6 N 11��, &ENGINEERING,INC.TRANSPORTATION PLANNING Citizen Referrals & &ENGIN Board of Public Works Deferrals Figure ib /rjfflComprehensive Citywide Walkway Study 7 LUr,LI,5- City of Renton Noiroi CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDING A PROVISION TO RMC 4-9-060, DEFERRAL OF IMPROVEMENT INSTALLATION PROCEDURES, TO ESTABLISH AMOUNT OF COST CONTRIBUTION TOWARD CITY CAPITAL PROJECTS REQUIRED OF PROPERTIES IN WHICH FRONTAGE IMPROVEMENTS HAVE BEEN DEFERRED BY RESTRICTIVE COVENANT. WHERAS, on December 5, 2005, by Ordinance 5170, the City of Renton revised its policy on allowing deferral of frontage improvements for short plats meeting established criteria, and `«r.r► WHERAS, Ordinance 5170 eliminated deferral by restrictive covenant requiring cost contribution for improvements from future property owners, replacing this with the requirement that the sub divider pay an up-front fee in lieu of required street improvements, and WHEREAS, there remain many properties with restrictive covenants recorded which require the owners to financially participate in City initiated capital improvement projects that provide street frontage improvements, and WHEREAS, the costs to property owners to financially participate in these improvements can be significantly higher than the costs sustained by current sub dividers who pay an up-front fee in lieu of required street improvements, and WHEREAS, in order to make the costs of financially participating in City capital improvement projects that provide street frontage improvements more affordable and 1. °also' consistent with the costs of the fee in lieu of required street improvements, 4401 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. The following provision 4-9-060C.9.g is added to RMC 4-9-060C: g. Cost Contribution toward City Capital Improvement Projects for Properties in which Frontage Improvements have been deferred by Restrictive Covenant. Restrictive covenants have been recorded against a number of lots in the City, requiring the property owners to pay their fair share of street frontage improvements installed as part of a City capital improvement project. When the City determines to initiate such a capital improvement project, the owners of said properties shall pay the City an amount consistent with RMC 4-9-060.C.9.d, Amount of Payment of Fee in lieu of Street Improvements. This assessment may be paid in full within 30 days following notice from the City of such assessment, or the payment may be paid over a ten (10) year period, with six percent (6%) per annum interest on the unpaid balance. For payment over time, the owner shall receive a ` bill from the City for one-tenth (1/10`h ) of the unpaid balance plus interest. Payments over time shall become a lien against the property. A notice of such lien specifying the charge, the period covered by the charge, and giving the address and property identification (PID) number shall be filed with the office of the King County Auditor. When the payment has been received by the City in full, a certificate of payment will be recorded with King County. ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2008, 2. , N"''' Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2008 Denis Law, Mayor Approved to as to form: Lawrence J. Warren, City Attorney Date of Publication: n 3 CITY OF RENTON COUNCIL AGENDA BILL Ala: 7#3,0 Submitting Data: Public Works For Agenda of: Dept/Div/Board.. Transportation Systems September 15, 2008 Staff Contact Nathan Jones, x7217 Agenda Status Consent X Subject: Public Hearing.. 2008-2009 King County Commute Trip Reduction Correspondence.. (CTR) Contract Ordinance Resolution X Old Business Exhibits: New Business X Issue Paper Study Sessions Resolution Information Agreement Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other Fiscal Impact: (Account Number 1121351100.0018.0002) Expenditure Required $42,908 Transfer/Amendment Revenue Generated.... $44,355.10 (State funding) 411.1.1 Total Project Budget $65,000 (2008 budget) City Share Total Project. SUMMARY OF ACTION: This agreement authorizes King County Department of Transportation staff to conduct work in support of activities the City of Renton is required to do under the State of Washington Commute Trip Reduction (CTR) Law. This is an ongoing program and the contract is renewed annually. STAFF RECOMMENDATION: Approve the resolution authorizing the Mayor and City Clerk to enter into an agreement with King County for implementation of the Citywide CTR Program in the amount of$42,908. H:\Division.s\TRANSPOR.TAT\PLANNING\Nathan Jones\CTR\contracts\kingco\2008-2009\08-09_CTR KC AGENDA BILL.doc • PUBLIC WORKS DEPARTMENT ♦ es MEMORANDUM DATE: September 15, 2008 TO: Marcie Palmer, President Members of the Renton City Council VIA: ,6u, Denis Law, Mayor FROM: � Gregg ZimmermaiAministrator STAFF CONTACT: Nathan Jones, Transportation Planning, Extension 7217 SUBJECT: 2008-2009 King County Commute Trip Reduction Contract ISSUE: Should the City continue a contract with King County for Commute Trip Reduction (CTR)? Nkrim ,, RECOMMENDATION: Approve the resolution authorizing the Mayor and City Clerk to enter into an agreement with King County for implementation of the Citywide CTR Program in the amount of $42,908. BACKGROUND: Each year since the state CTR law was passed in 1991, the City has entered into an agreement with the King County Department of Transportation to allow Metro Transit Division staff to perform the state-mandated duties specified by the Washington State CTR law on behalf of the City of Renton. The City operates a program in accordance with the state and local CTR law to monitor Renton employers with CTR-affected work sites for progress and compliance. This law was enacted as part of the Washington State Clean Air Act to provide measures that would improve air quality and also manage congestion by encouraging the use of alternatives to single occupancy vehicle (SOV) commute travel through the use of incentives to employees of businesses with 100 or more staff members arriving to work between 6 and 9 a.m. N Marcie Palmer,President Members of the Renton City Council Page 2 of 2 September 15,2008 The City contracts each year with King County Department of Transportation Metro Transit Division to provide staff to offer technical assistance to Renton businesses affected by the CTR law. King County staff assists with the notification of new sites, employee surveys,program review,records maintenance,and more. The amount of the contract between the City and King County is based on the number of work sites being monitored. Currently,there are 24 CTR-affected employer work sites in the City. King County is requesting$42,908 to cover the expenses of the above-mentioned activities from July 1, 2008,to June 30, 2009. Funding provided by the State of Washington covers the expenses of the King County contract and a portion of City staff administrative labor. The 2008 budget allocates $65,000 to cover the expenses of the King of annual employer program reports, County staff and time for monitoring programs,performing reviews attending regional trip reduction coordinating meetings, etc. cc: Peter Halm,Deputy PW Administrator—Transportation Jim Seitz,Transportation Planning and Programming Supervisor Nate Jones,Transportation Planning File h:\divisions\transpor.tat\planning\nathan jones\ctr\contracts\ldngco\2008-2009\08-09 kc ctr contract issue paper.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO THE COMMUTE TRIP REDUCTION IMPLEMENTATION AGREEMENT BETWEEN KING COUNTY, DEPARTMENT OF TRANSPORTATION, METRO TRANSIT DIVISION AND THE CITY OF RENTON FOR THE PURPOSE OF IMPLEMENTING THE WASHINGTON STATE COMMUTE TRIP REDUCTION LAW OF 1991. WHEREAS, the purpose of RCW 70.94.521, et seq., the "Commute Trip Reduction (CTR) Law," is to reduce air pollution, traffic congestion and fuel consumption by encouraging commuters to use alternative modes of transportation, such as buses, carpools, vanpools, bicycles and walking, instead of single occupancy vehicles ("SOV"); and WHEREAS, the CTR Law requires local governments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement Commute Trip Reduction ("CTR") plans to reduce vehicle miles traveled per employee and drive alone commute trips; and WHEREAS, the CTR Law also requires major employers to provide employees transportation programs to encourage their employees to shift to alternative modes of transportation; and WHEREAS, the City has within its jurisdictional boundaries one or more "major employers" and is required by RCW 70.94.527 to develop and implement a commute trip reduction plan; and WHEREAS, CTR plans developed by local jurisdictions are required to be coordinated and consistent with the CTR plans of adjacent jurisdictions as well as applicable regional plans; and %a 1 s RESOLUTION NO. WHEREAS, the City and King County desire through this Agreement to implement the CTR Law consistent with the rules established by the state Commute Trip Reduction Board; and WHEREAS, the City can achieve cost efficiencies and administrative consistency by contracting with King County for CTR implementation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into the Commute Trip Reduction Implementation Agreement with King County, Department of Transportation, Metro Transit Division for the purpose of implementing the Washington State Commute Trip Reduction Law of 1991. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1367:8/19/08:scr yr i 2 COMMUTE TRIP REDUCTION PROGRAM IMPLEMENTATION AGREEMENT between King County,Department of Transportation,Metro Transit Division and The City of Renton This Commute Trip Reduction Program Implementation Agreement(the "Agreement")is made day of 2008 by and between King County, a home rule charter county of the State of this Washington,through its Department of Transportation, Metro Transit Division(the "County"or "Metro Transit")and the City of Renton(the "City"), either of which entity may be referred to hereinafter individually as 'Party" or collectively as the "Parties," for the purpose of im lementi the Washington State Commute Trip Reduction Law of 1991. p ng WHEREAS,the purpose of RCW 70.94.521, et seq.,the "Commute Trip Reduction(CTR) Law,"is to reduce air pollution, traffic congestion and fuel consumption by encouraging commuters to use alternative modes of transportation, such as buses, carpools, vanpools; bicycles, and walkin , instead of single occupancy vehicles("SOV"); and g, WHEREAS the CTR Law requires local governments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement Commute Trip Reduction("CTR")plans to reduce vehicle miles traveled per employee and drive alone commute trips; and WHEREAS,the CTR Law also requires major employers to provide employee transportation programs to encourage their employees to shift to alternative modes of transportation; and WHEREAS, the City has within its jurisdictional boundaries one or more "major employers" and is required by RCW 70.94.527 to develop and implement a commute trip reduction plan; and WHEREAS, the Parties hereto are authorized to enter into this Agreement pursuant to RCW 70.94.527(5); and WHEREAS, King County Code Section 28.94.110 also authorizes the King County Executive to enter into agreements with state and local agencies for assistance in implementing CTR Law; and the WHEREAS, CTR plans developed by local jurisdictions are required to be coordinated and consistent with the CTR plans of adjacent jurisdictions as well as applicable regional plans; and WHEREAS, the City and the County desire through this Agreement to implement the CTR Law consistent with the rules established by the state Commute Trip Reduction Board; and Commute Trip Reduction Agreement Between King County and the City of Renton Page 1 of 9 Page 2 WHEREAS,the City can achieve cost efficiencies and administrative consistency by contracting with the County for CTR implementation; NOW THEREFORE,in consideration of the terms,conditions,mutual promises and covenants set forth herein,the Parties agree as follows: 1. PULSE undertakenw l to be npurpose of this Agreement is to establish a mechanism that it allow obligationsrcertain tasks s the CTR by the County on behalf of the City to implement Law and to set forth the responsibilities of the Parties with respect to that objective. 2. DEFINITIONS of this Agreement: The following definitions shall apply for purposes ministrative Re presentative" means the primary administrative contact for issues related to "Ad p this Agreement as designated in Section 3.5 of the Agreement. to er required by RCW 70.94.521 and the City's CTR Plan to "Affected Employer" means an employer y implement a CTR program(see also "major employer"). ,4009 C ne "Commute Trip Reduction Plan(CTR Plan)" means1a pin adopted by thh co itydesitgr pdvehicle to reduce the proportion of single occupant vehicle ( SOV )commutetrips miles traveled by employees. Program)" means Trip Reduction Program(CTR a program designed by an sand be consistent with the Affected Employer to reduce the proportion commute trip rules established by the Commute Trip Reduction Board. "CTR Funds" means state funds authorized by RCW 70.94.544coSection u eitnp 01 of reduction Natural Resources biennial budget to help counties and cities implement "MajorPwoay Em loyer" means a private or public employer that employs m loyre alar hundred rkdor more full- t6:00 ime employees at a single worksite who are scheduled to begin g the year, as provided a.m. and 9:00 a.m. on weekdays for at least twelve continuous months during in RCW 70.94.521 (herein also known as an"Affected Employer"). "State" is the Washington State Department of Transportation(WSDOT)unless otherwise noted. Commute Trip Reduction Program Implementation Agreement Between King County and the City of Renton Page 2 of 9 Page 3 'o""` 3. DUTIES AND RESPONSIBILITIES 3.1 Provision of CTR Services. Metro Transit will perform the CTR implementation specified with particularity in the Scope of Work(the "Work")set fortasExhibit services is attached hereto and incorporated herein by this reference. A, which 3.2 Reimbursement of Costs. In accordance with thepayment in Section 4 of this Agreement,the City will reimburse thCounty for billingprovisionsset forth Work pursuant to this Agreement. undertaking the 3.3 Regional Cooperation. Some tasks in the Scope of Work are subarea assume that the City will participate with otherng or countywide and extent possible to develop policies and productsconsistent tthrjoughout the dcountytry to the advantage of economies of scale and cost efficiencies. to take 4. PAYMENT AND BILLING 4.1 Payment. The City will reimburse the County for the full and actual direct costs associated with the County's performance of the Work pursuant to this Agreement. eme indirect 4.2 Cost Estimate and Budget. A cost estimate and budget for workg ou June 30,2009 is set forth in Exhibit B, which is attached hereto and incorporated h rein by this reference. herein by 4.3 Invoices and Payment Process. The City shall makepayments performed pursuant to this Agreement upon receipt of detailed ed billingi voil es from thehk County. The City shall make payment to the County within thirty(30)days of receiptom billing invoice from the County. The County shall submit invoices and a qurlyrof a report to the City per the following schedule: quarterly progress Payment Fixed Invoice Submitted Payment No Earlier Than 1 St payment 2 a $99864.50 864.50 September 30,2008 payment $ 3 payment December 31, 2008 $9,864.50 March 31,2009 4th payment Total $9'8_64 50 June 30,2009 $39,458.00 Nome Commute Trip Reduction Program Implementation Agreement Between King County and the City of Renton Page 3 of 9 Page 4 4.4 Payment Amounts. Each payment shall consist of the fixed amount specified above in Subsection 4.3,plus the following: Reimbursement of workshop expenses estimated to be$2,250.00. The City shall pay a • Reim percentage share of workshop expenses based on the percentage of the total registrants pe g for the workshop representing worksites in the City. by the • Reimbursement for up to$1,200.00 in incentives purchased as directed in writing City. sho expenses to be shared by the City shall consist of bes foed labor element plus The work p p actual non-labor expenditures. The fixed labor element shalllabor charge per workshop $510.00 fixed - ETC Orientation workshop Implementation $510.00 fixed labor charge per - Program Imp e er workshop - Survey Briefing $178.50 fixed labor charg p $51.00 fixed labor charge per hour for King - Additional Workshops County trainers 4.5 Use of Funds. Funds provided by the City to the County under this Agreement shall be used solely for activities undertaken in performance of the Work. be purchased with funds provided by the City to the County 4.6 Equipment. Any equipment topurpose of CTR administration pursuant to this Agreement shall be used exclusively for for the City and other jurisdictions in King County. he County shall own all such equipment and maintain it at no additional cost to the City. of this Agreement,the City shall reimburse the County for all costs 4.7 Reimbursement of Pre-Termination Costs Incurred. In the event of termination pursuant to the provisions of Section payable under this Agreement that have been incurred up to and including the effective date of termination. 5. WORK SCHEDULE AND PROGRESS REVIEW County will submit a quarterly report of progress and anticipated 5.1 Progress Reviews. The oin periodic review of issues and materials activities to jurisdiction representatives. On-going, will also be conducted with the jurisdiction representatives. Requirements. At the request of the City,the County will provide 5.2 State Evaluation information to the State for monitoring or evaluation activities. Commute Trip Reduction Program Implementation Agreement Between King County and the City of Renton Page 4 of 9 Page 5 6. EFFECTIVE DATE AND TERM OF AGREEMENT litese This Agreement shall take effect when it is signed by June 30, 2009, unless earlier terminated pursuant to the terms of this A remain in effect through Agreement. 7. TERMINATION 7.1 Termination for Default. Either Party Party fails to perform a material obligation of this Agreement. Written Agreements inthe event the other intention to terminate this Agreement pursuant to this Subsection 7.1 shall tbe providedice a Party'sto the other Party not less than fifteen(15) calendar days prior to the effective date to termination. of 7.2 Termination for Convenience. Either P Agreement, in whole or in part,for convenience and wito this ithout cause. Writeement may ten notice the Party's intention to terminate this Agreement pursuant to this Subsection 7.2 shall of a provided to the other Party not less than thirtyall be termination. (30)days prior to the effective date of 7.3 County Funding and Termination for Non-Appropriation. Perform undertaken by the County pursuant to this Agreement in advance of receiving ce of any Work reimbursement by the City beyond the current appropriation year is conditioned upon appropriation by the County Council of sufficient funds to support the performance of the mthe Work. Should such an appropriation not be approved, the Agreement shall terminate at close of the 31st of current appropriation year. The appropriation year ends on Decemberofhe each year. 7.4 Termination Due to Loss of State Funding. If at any time duringthe the State acts to terminate,reduce,moth Agreement period pursuant to RCW 79.94.544 then either Party� or withhold CTR State Funds allotted to the City (30)days advance written notice to the otherer,terminate this Agreement by giving thirty 8. CHANGES AND MODIFICATIONS Either Party may request changes to the provisions of this Agreement. Any such must be mutually agreed upon and incorporated bychanges No variation or alteration of the terms of this Agreementewilbenvvalid unlessent to Agreement. writing and signed by authorized representatives of the Parties hereto. made in klire Commute Trip Reduction Program Between King County and the ity of Renton tation Agreement Page 5 of 9 Page 6 9. NOTIFICATION AND IDENTIFICATION OF CONTACTS inistra 9.1 Administrative Representatives. Both Parties shall designate an this Agreative representative to act as the contact person for matters pertaining 9.2 Contact Persons and Addresses. David Lantry,Supervisor of CTR Services or Designee For the County: King County Metro Transit 400 Yesler Way,Rm. 650 Seattle,WA 98104 (206) 684-1139 For the City: Nathan Jones,Transportation Planner City of Renton 1055 South Grady Way ortation 5th Floor-Public Works/Transportation WA 98057 (425)430-7217 notice or communication required or permitted to be given pursuant to this 9.3 Notice. Any by U.S.Mail,return receipt Agreement shall be in writing and shall be sent postage prepaid ies' respective administrative representatives at the addresses identified requested,to the Part in Subsection 9.2 of this Agreement. .4.400 10. DISPUTE RESOLUTION PROCESS Subsection 9.2 of this to this Agreemenththat Agree The Parties, sall throughus theirr best efforts representatives toresolve disputes pertainingresolve a dispute, may arisemenshall between theParties.best If then to resolve If these designated preview the matter and attempt it. maymanagers of both Parties shall If responsibleyproject eviewed by he department directors If oare tie unable to resolve the dispute,the matter shall be exhauste to eachtof these procedural steps of both Parties or his or her idesignee.tes m a court of law or any other forum• before seeking to resolve p 11. AUDITING OF RECORDS DOCUMENTS AND REPORTS rightd the to examine during normal business hours, The the non-privileged the and as often Auditor shallt have Auditor access reasonably deem necessary, ° Partiesth records ofshall have and as as the Staterespectmay this Agreement. B City and the County with to the matters covered by Commute Trip Reductionam Implementation Agreement Between King County andthethe of Renton Page 6 of 9 Page 7 similar access and rights with respect to the records of the other Party. payment is shall be permitted to audit,examine, and make excerpts or transcriptsfromsuch Parties'erecords andntatives *mow audits of all contracts,invoices,materials, a oll Agreement. Such rights last for three 3 p ayrolls, and records of matters covered b to ( )years from the date final p aY tr made hereunder. 12. INDEMNIFICATION AND HOLD HARMLESS Each Party hereto agrees to be responsible and assumes liability for its own negligent omissions, and those of its officers, agents or employees, while perfonnin acts or Agreement, to the fullest extent required by law, and agrees to save, indemnify,work pursuant to the the other Parties harmless from any such liability. In the case of negligence damages allowed shall be assessed in proportion to defend,and hold g of multiple attributableParto any Party, and each Party shall have the right to seek contribution from the other negligenceof n proportion each the percentage of negligence attributable to the other Parties. Parties in to The City acknowledges it is solely responsible for its compliance with the CT adoption,implementation, and enforcement of any ordinances,plans, and ro CTR Act, and for the CTR Act. The City shall indemnify and hold Kin Countyprams related to the defend, at its own expense, any and all claims, g harmless from, and shall process and demands, suits at law of equity, actions,penalties, losses, damages, or costs arising out of, in connection with, or incidental to an the City or any of its officers, employees, subcontractors or agents in adopting tin Y act or enor forcing omissionof ordinances,plans and programs related to the CTR Act. anyy `fir 13. LEGAL RELATIONS 13.1 No Third Party Beneficiaries. It is understood that this Agreement is benefit of the Parties hereto and gives no right to any other person or entit solely for the Y 13.2 No Partnership or Joint Venture. No joint venture, agent-principal relationship partnership is formed as a result of this Agreement. No employees or agents of one arty or Partyor of its contractors or subcontractors shall be deemed, or represent themselves to be, employeany or any employe agents of the other Party. 13.3 Applicable Law. This Agreement shall be governed by and construed i with the laws of the State of Washington. n accordance 13.4 Jurisdiction and Venue. The King County Superior Court, situated in Washington, shall have exclusive jurisdiction and venue over any legal action Seattle,g Agreement. arising under this olisw Commute Trip Reduction Program Implementation Agreement Between King County and the City of Renton Page 7 of 9 Page 8 ' tion and Construction. This Agreement and each of the terms and provisions13. d Mutual hereof shalia be deemed to have been explicitly negotiated shall,,innall mutually be ahall in all parts of this Agreement drafted by,both Parties, and the language construed according to its fair meaning and not strictly for or against either Party. Agreement is held invalid by a court of competent 13.6 Severability. If any provision of this inder of the Agreement shall not be affected thereby if suchreaindParties. er woouulddthen continue to serve the purposes jurisdiction,the ma and objectives originally contemplatedby Default. Waiver of any default shall not be deemed to Shall not bewaiver deemedf anyto u.7 Waiver of provision of this Ag subsequent default.yWaiver ofub breach of any p dulyauthorized other or subsequent breach and shall not be construeded by to be a modification of thebe a waivermthisoany r terms of Agreement unless stated to be such in writmg, representatives of the Parties, and attached to the original Agreement. either nor any interest herein,may be assignedby 13.8 Assignment. Neither this consent of the�other Party. Party without the prior and all of its terms,provisions, 13.9 Binding on Successors and Assigns. This Agreement ants together with any exhibits and attachments now or hereafter made a part conditions, and covenants, hereof, shall be binding on the Parties and their respective successors and assigns. part and Remedies. Both Parties' rights and remedies in this Agreement are in 13.10 Rights law. addition to any other rights and remedies provided by Agreement. This Agreement embodies the Parties' entiresubseqnt understanding and n agreement a Entirenit, except as may be supplementedby amendme t to the issues Agreement, and supersedes any prior negotiations,representations or draft amendment this agreements on this matter, either written or oral. 13.12 Survival. The provisions of this Section 13 (Legal Relations) shall survive any termination of this Agreement. 14. FORCE MAJEURE responsibilities and obligations Party to this Agreement shall be excused from performance of any pfailure to erfodm, ' sunder this Agreement, and shall not be liable for damages due to ause directly or obligation from performing by during the time and to the extent that it is prevented beyond its control,including,but not limited to: any incidence of fire, flood, snow, ts, indirectly earthquake, or a cts of nature; strikes or labor actions; accidents, horezedinsurrection, c vil authorityterrorism, or or a jurisdiction or authorized acts of war;order of any court of competent Commute Trip Reduction Program Implementation Agreement Between King County and the City of Renton Page 8 of 9 Page 9 commandeering material,products, or facilities by the federal, state or local government; or national fuel shortage; when satisfactory evidence of such cause is presented to the other �.r Party to this Agreement, and provided that such non-performance is beyond l and is not due the fault or negligence of the Party not performing. In no event shouldethis provision on eliminate to the obligation of the City to make payment to the County for the Work performed pursuant to this Agreement. P t 15. COMPLIANCE WITH APPLICABLE LAWS The Parties agree to comply with all applicable federal, state, and local laws,rules, and regulations, including those pertaining to nondiscrimination and agree to require the same of anysubcontractors g providing services or performing any of the Work using funds provided under this Agreement 16. EXECUTION OF AGREEMENT—COUNTERPARTS This Agreement may be executed in two (2)counterparts, either of which shall be regarded for purposes as an original. g all Dated this day of , 2008. ,. t IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the datelates No written below. KING COUNTY DEPARTMENT OF TRANSPORTATION METRO TRANSIT DIVISION CITY OF RENTON By: Kevin Desmond By: General Manager Denis Law King County Metro Transit Mayor Date: Date: Approved as to form: Approved as to form: By: Deputy Prosecuting Attorney By: Date: City Attorney Date: Commute Trip Reduction Program Implementation Agreement Between King County and the City of Renton Page 9 of 9 City of Renton—Exhibit A Commute Trip Reduction Services Contract Scope of Work Period: July 1,2008,through June 30,2009 I Required Activities A)Notification of new worksites: 1. Identify contact for potential sites 2. Send notification inquiry 3. Follow up with site 4. Confirm status (send second letter) 5. Secure state code 6. Create timeline and legal file Program Report 7. Conduct Baseline CTR surveys and Initial Employer B) Administration of CTR Surveys: are and send survey notifications and an enhanced survey response form(SRF)to 1. Pre P each site 2. Schedule and hold survey briefings 3. Follow up with phone calls and emails for sites with late SRFs 4. Review and grant extensions system `" 5. Set up and assist sites in the online surveye paper me 6. Mail surveys to, and and processssist sites withing 7 .Track survey completion 8. Send survey results to employer 9. Make recommendations for programs based on review of worksite policies and review of survey, site and zip code data C) Employer Report: (Initial Report Only) 1. Send report reminder letters for initial report 2. Monitor program report receipt 3. Follow up with sites with late program reports via phone or email 4. Review and grant extensions 5. Provide ongoing assistance to ETCs with the online trip report for system reduction 6. Review all program reports for completeness and potential • Guaranteed Ride Home • Parking Management • Incentives/Subsidies or Pre-Tax benefit • Program Summary for employees 7. Recommend action to jurisdiction 8. Generate approval letter for City signature 9. Complete report entry and approve in the online system 1 D) Communicate Changes in Law and Ordinance to All Employers %ow 1. Update all written communication pieces with respect to changes in CTR Law and Ordinance, including: New site notification letters and forms,Next Step letters that accompany survey results, Survey interpretation Guide, Report Reminder letters, all ETC training materials and descriptions of reduction goals. 2. Create and send site-specific letters to ETCs describing changes to the Ordinance,the new employer requirements, reduction goals and timing of surveying and reporting. Require ETCs to confirm receipt of updated information. 3. Update Commute Solutions website with new ordinances and descriptions E) Review of Exemptions: 1. Inform ETCs about process and criteria 2. Receive requests and copy to city 3. Copy request to state for comment 4. Review and analyze request and provide comments to City 5. Contact employer as needed, generate and send response per city F) Record Maintenance: 1. Maintain database on all affected sites 2. Maintain database on all ETCs 3. Maintain master file records on all affected sites `" +►' 4. On a quarterly basis, provide WSDOT with hard copy of each employer program report approved within the quarter 5. Provide WSDOT with an electronic copy of the CTR database of the City's CTR- affected employers, quarterly or as required by WSDOT 6. Provide quarterly report information for jurisdiction to conduct state funds billing 7. Retool CTR database to reflect new ordinance requirements G) Enforcement: 1. Non-compliance issues a. Review legal guidelines b. Document infractions (emails sent, legal files, phone calls) and assemble information for review c. Determine next steps with jurisdiction d. Provide legal files for jurisdiction to review e. Consult with jurisdiction f. Prepare and send correspondence to site Name 2 II. Employer Service Activities , A) Employer Training: 1. Outreach activities with new site(s) and/or ETC a. Schedule and meet with ETC; discuss the requirements of the law, survey requirement,program development, training and networking opportunities b. Assist with setting up baseline survey(new site only) c. Complete analysis for survey results d. Assist with program element implementation (when necessary) 2. Schedule,promote, register and conduct ETC Basic Training a. ETCs attendance at Part 1 of Basic Training (ETC Orientation) b. ETCs attendance at Part 2 of Basic Training (Program Development) c. ETCs attendance at survey briefings B) Incentives: Purchase incentives for worksites as directed by the City C) Promotion,Marketing and Employer Outreach: 1. Analyze survey results and employer reports to determine areas and sites with potential for trip reduction; develop list of target sites for enhanced outreach to achieve trip reduction; activities may include (but aren't limited to): a. Zip code analysis and mapping b. Program enhancements c. Policy recommendations 2. Meet with ETCs/PMs to discuss program and product opportunities on an ongoing basis (may include leveraging financial support, meeting with management, conducting a cost analysis of parking vs. subsidies) 3. Assist sites in developing site-specific Program Summary Brochure 4. Conduct employer commute and relocation events a. Conduct origin and destination analysis and provide solution/recommendations b. Conduct route planning and/or van and carpool formations 5. Schedule, promote, engage speakers and facilitate Employer Network group meetings 6. Send traffic alert reports via email to all ETCs 7. Send other transportation related news/announcements via email to all ETCs 8. Mail transportation related packets to all sites 9. Coordinate,promote and mail Wheel Options/Bike to Work Day packets to sites 10. Coordinate City-specific promotion (as applicable) err► 3 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO THE COMMUTE TRIP REDUCTION IMPLEMENTATION AGREEMENT BETWEEN KING COUNTY, DEPARTMENT OF TRANSPORTATION, METRO TRANSIT DIVISION AND THE CITY OF RENTON FOR THE PURPOSE OF IMPLEMENTING THE WASHINGTON STATE COMMUTE TRIP REDUCTION LAW OF 1991. WHEREAS, the purpose of RCW 70.94.521, et seq., the "Commute Trip Reduction (CTR) Law," is to reduce air pollution, traffic congestion and fuel consumption by encouraging commuters to use alternative modes of transportation, such as buses, carpools, vanpools, bicycles and walking, instead of single occupancy vehicles ("SOV"); and WHEREAS, the CTR Law requires local governments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement Commute Trip Reduction ("CTR") plans to reduce vehicle miles traveled per employee and drive alone commute trips; and WHEREAS, the CTR Law also requires major employers to provide employees transportation programs to encourage their employees to shift to alternative modes of transportation; and WHEREAS, the City has within its jurisdictional boundaries one or more "major employers" and is required by RCW 70.94.527 to develop and implement a commute trip reduction plan; and WHEREAS, CTR plans developed by local jurisdictions are required to be coordinated and consistent with the CTR plans of adjacent jurisdictions as well as applicable regional plans; and 4411.0 1 RESOLUTION NO. WHEREAS, the City and King County desire through this Agreement to implement the CTR Law consistent with the rules established by the state Commute Trip Reduction Board; and WHEREAS, the City can achieve cost efficiencies and administrative consistency by contracting with King County for CTR implementation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into the Commute Trip Reduction Implementation Agreement with King County, Department of Transportation, Metro Transit Division for the purpose of implementing the Washington State Commute Trip Reduction Law of 1991. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1367:8/19/08:scr 2 /571- 9 ' aoo f 2t,>,t �01 - 2 CITY OF RENTON, WASHINGTON Nka.► ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ORDINANCE NO. 4412, GRANTING TO TCI SEATTLE, INC., A FRANCHISE TO OPERATE A CABLE COMMUNICATION SYSTEM WITHIN THE CITY OF RENTON. WHEREAS, the City of Renton, Washington ("City") granted by Ordinance No. 4412, a Franchise to TCI Seattle, Inc., to provide a cable television system on August 9, 1993; and WHEREAS, the Franchise was acquired through succession by Comcast of Washington IV & Comcast of California/Colorado/Washington I, Inc. ("Comcast" or "Operator"); and WHEREAS, the Franchise is due to expire on midnight, September 13, 2008; and WHEREAS, Comcast and the City have engaged in negotiations concerning the renewal of the Franchise and other disputes and are in agreement concerning certain issues; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 2, Length of Franchise, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended to read as follows: Section 2: Length of Franchise. This Franchise shall expire on midnight, September 13, 2013. SECTION II. Section 5, Future Provisions, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by adding to it the following language at the end of the current Section 5: Nilsr 1 ORDINANCE NO. Technical Audit. Comcast shall annually provide to the City a certification signed by its Vice President of Engineering for the State of Washington, or other senior engineer as agreed upon by the City, certifying that its policies and procedures comply with all applicable laws and codes and that all known maintenance issues have been repaired in compliance therewith. Comcast will provide a letter confirming the following: Comcast has reviewed the Technical Review and Audit of the Comcast Cable System Serving Renton, WA (the "Technical Audit"), by CBG Communications, Inc., dated June 2007, and further confirms that Comcast has corrected all of the performance issues and alleged City Code violations cited (including the alleged NEC and NESC code violations) in the Technical Audit. SECTION III. Section 6, Access Channels, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by deleting the last paragraph of Section 6 and replacing it with the following language: PEG Support. Upon the effective date of this Amendment, the Operator shall pay to the City on a quarterly basis, at the same time as the franchise fee, $0.19 per subscriber per month (the "PEG Fee") from all subscribers receiving and paying for cable service. To the extent permitted by applicable law, the PEG Fee may be itemized on Subscriber billing statements. The PEG Fee shall not be treated as franchise fees for purposes of 47 U.S.C. § 542 or any other purpose, and shall at 2 ORDINANCE NO. no time be offset or deducted from franchise fee payments made to the City under this franchise or applicable law. In the event any payment required by paragraph 1(a) is not made on or before the required date, the Operator shall pay, during the period such unpaid amount is owed, additional compensation and interest charges computed from such due date, at an annual rate of ten percent (10%). Any interest or penalties imposed hereunder shall not be treated as franchise fees for purposes of 47 U.S.C. § 542 or any other purpose, and shall at no time be offset or deducted from franchise fee payments made to the City under this franchise or applicable law. SECTION IV. Section 8, Institutional Networks, of the Franchise Agreement embodied in Ordinance No. 4412, is hereby deleted. The City and Operator have entered into a separate lease agreement regarding the Institutional Network. *la '. SECTION V. The Franchise Agreement embodied in Ordinance No. 4412, is hereby amended by adding a new Section 23 entitled "Competitive Equity" and to read as follows: Section 23: Competitive Equity. (a) Any franchise granted pursuant to this Chapter shall be nonexclusive and shall not preclude the City from granting other or further franchises or permits or preclude the City from using any roads, rights-of- way, streets, or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the City to make such changes, as the City shall deem necessary, including the dedication, establishment, maintenance and improvement of all new rights-of-way and thoroughfares and 3 ORDINANCE NO. other public properties. The City reserves the right to grant one (1) or more additional franchises. The City shall amend a franchise, as requested by the franchisee, if it grants additional franchises or similar authorizations that contain material terms or conditions which are substantially more favorable or less burdensome to the competitive entity than the material terms and conditions herein. A word for word identical franchise or authorization for a competitive entity is not required so long as the regulatory and financial burdens on each entity are generally equivalent taking into account any difference in the number of subscribers served, the number of PEG channels and aggregate support provided, the level of fees and taxes imposed, the term of the franchise, and all other circumstances affecting the relative burdens. (b) Notwithstanding any provision to the contrary, at any time prior to the commencement of a franchisee's thirty-six (36) month renewal window provided by Section 626 of the Cable Act, that a non-wireless facilities based entity, legally authorized by state or federal law, makes available for purchase by Subscribers or customers, Cable Services or multiple channels of Video Programming within the Franchise Area without a franchise or other similar lawful authorization granted by the City, then a franchisee shall have a right to request Franchise amendments that relieve the franchisee of regulatory burdens that create a competitive disadvantage to the franchisee. In requesting amendments, the franchisee shall file a petition seeking to amend the franchise. Such petition shall: (1) indicate the presence of such wireline competitor; and (2) identify all material terms or conditions which are 4 ORDINANCE NO. substantially more favorable or less burdensome to the competitive entity. The City shall act on the petition within 120 days. (c) In the event an application for a new cable television franchise is filed with the City proposing to serve the franchise area, in whole or in part, the City shall notify all existing franchisees. SECTION VI. This Amendment to the Franchise and its terms and provisions shall be accepted by Comcast by the submission of a written instrument, executed and sworn to by a corporate officer of Comcast before a Notary Public, and filed with the City Clerk within sixty (60) days after the effective date of this Ordinance. Such instrument shall evidence the unconditional acceptance of this Amendment to the Franchise and the promise to comply with and abide by all its provisions, terms and conditions. SECTION VII. This ordinance shall be effective upon its passage, approval, and err thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor 5 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1491:9/8/08:scr 6 14;fRe t° CGt Co oil 0 committee Meet% v Ss .malities Committee -T#iirs.,9/408 -(Zwicker) -Cancelled Planning & Development Comm - iurs.,...91(8/08. j:3i0 pm<COuncil Conference Rm - (Parker) c- 2nd & Main Apartments—Multi-Family Housing Property Tax Exemption Transportation Committee -1-Fius., 9%18/08,40 pm,'C"ouncil Conference Room - (Corman) I) City Capital Improvement Projects of Properties Finance Committee - Mon., 9/22/08, 4:30 pm, Council Conference Room - (Persson) Vouchers 2-Probation Officer Hire at Step D 3) Panther Creek Property Acquisition ire (2 rP ee,-r-ptv,.cvr� 4May Creek Property Acquisition 75f2007 State Audit - Briefing Committee of the Whole ;M"on.,922/08,60 pm, 7th Floor Conferencing Center-(Palmer) ,Emerging Issues in Human Resources (Healthcare Plan and Claims)