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HomeMy WebLinkAboutCouncil 10/15/2007 AGENDA MENTON CITY COUNCIL REGULAR MEETING October 15, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Neighborhood Program Report 4. PUBLIC MEETING: Downtown wayfinding system signs, design and color scheme 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 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 10/8/2007. Council concur. b. Mayor Keolker appoints Catherine Ploue-Smith to the Library Board for a five-year term expiring on 6/1/2012. Refer to Community Services Committee. c. City Clerk submits Quarterly Contract List for period of 7/1/2007 to 9/30/2007; 41 contracts and 17 addenda totaling $12,961,116.66. Information. d. City Clerk reports bid opening on 10/3/2007 for CAG-07-156, Fire Station#11 Fire Sprinkler System; two bids; engineer's estimate $70,000; and submits staff recommendation to award the contract to the low bidder, Ace Fire Protection Systems, Inc., in the amount of$28,959.13. Refer to Finance Committee. e. Court Case filed on behalf of First Mercury Insurance Company by Lee Smart, P.S., Inc. related to the claim filed on the First Mercury policy for damage to self-storage units on NE Sunset Blvd. as a result of sewer discharge that occurred in November 2006 during Sanders General Construction's work on City contract CAG-05-165. Refer to City Attorney and Insurance Services. f. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way in the vicinity of NE 8th St. and Hoquiam Ave. NE to fulfill a requirement of the Hoquiam Court Short Plat(SHP-05-099). Council concur. g. Economic Development,Neighborhoods and Strategic Planning Department recommends a public hearing be set on 11/5/2007 to consider the proposed Marshall Annexation and R-8 zoning of the 7.6-acre site located west of Duvall Ave. NE and north of NE Sunset Blvd. Council concur. h. Finance and Information Services Department recommends approval to temporarily fill a half- time Finance Analyst position with a full-time employee until 3/31/2008. Refer to Finance Committee. (CONTINUED ON REVERSE SIDE) i. Transportation Systems Division requests approval of Supplemental Agreement No. 7 to CAG- 03-131, agreement with Berger/Abam Engineers, Inc., for services in the amount of$386,000 for the Duvall Ave. NE Widening Project. Refer to Transportation(Aviation) Committee. j. Utility Systems Division recommends approval to transfer$1,800,000 from Water Utility Fund 405 to Fund 425; $963,000 from Wastewater Utility Fund 406 to Fund 426; and $410,000 from Surface Water Utility Fund 407 to Fund 427 for the funding of utilities capital expenditures. Refer to Utilities Committee. 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. Committee of the Whole: Settlement Agreement with MT Development; Utility Revenue Bond Ordinance* b. Public Safety Committee: Misdemeanant Jail Facility Study 9. RESOLUTIONS AND ORDINANCES Ordinance for first reading: Issuance of three series of water and sewer revenue bonds of the City(see 8.a.) Ordinance for second and final reading: 2007 Budget amendment re: defibrillators purchase and Renton Heart Month campaign(1st reading 10/1/2007) 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) Council Conference Room 6 p.m. Emerging Issues in Transportation and Economic Development; Settlement Agreement with MT Development Council Chambers Approximately 6:30 p.m. Utility Revenue Bond Ordinance Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM RENTON CITY COUNCIL Regular Meeting October 15, 2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; RANDY CORMAN; DON PERSSON; COUNCILMEMBERS MARCIE PALMER; TERRI BRIERE; DENIS LAW; DAN CLAWSON. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator;ALEX PIETSCH, Economic Development Administrator; SUZANNE DALE ESTEY, Economic Development Director; JENNIFER DAVIS-HAYES, Development Manager;NORMA MCQUILLER, Neighborhood Program Coordinator; DEBORAH NEEDHAM, Emergency Management Director; DEPUTY CHIEF ROBERT VAN HORNE, Fire Department; COMMANDER CHARLES MARSALISI, Police Department. SPECIAL PRESENTATION Neighborhood Program Coordinator McQuiller reported on the Neighborhood EDNSP: 2007 Neighborhood Program, saying that five new neighborhoods were added to the program for a Program total of 34 officially recognized neighborhoods. She noted the participation of the City employees who volunteer as neighborhood liaisons, and the participation of more than 1,800 residents representing 22 neighborhoods who attended the 14 neighborhood picnics held during 2007. Ms. McQuiller stated that more than $75,000 in neighborhood grants were awarded in the first half of 2007 for eight neighborhood projects and two newsletters. The budgeted amount is $50,000,but funds in the amount of $33,000 were carried over from the 2006 fund balance. She indicated that a second round of funding was just conducted for the remaining $7,000. Ms. McQuiller displayed photographs of the neighborhood projects, and in acknowledgement of the project grants that were awarded, Mayor Keolker and Council President Nelson presented certificates to representatives of the neighborhood groups. Mayor Keolker expressed appreciation to Ms. McQuiller for all her hard work, and Councilmember Persson recognized the participation of her family. PUBLIC MEETING This being the date set and proper notices having been posted and published in EDNSP: Downtown accordance with local and State laws, Mayor Keolker opened the public meeting Wayfinding System to consider the signs, design, and color scheme for the downtown wayfinding system that will improve the system of signage into and around downtown Renton. Development Manager Davis-Hayes explained that at the open house,held prior to the Council meeting, citizens provided feedback on the wayfinding system. Those comments, as well as other comments received via the City's website, were forwarded to the Council. Ms. Davis-Hayes reported that the next steps of the project are to finalize the design, and begin to install the advance directional signs along Logan and Rainier Avenues South. Public comment was invited. October 15,2007 Renton City Council Minutes Page 359 Angela Laulainen (Renton) stated that she agrees with the placement of the signs to direct traffic down Logan Ave. S., and with the look of the signs. She voiced her hope that the signs will all be in place in time for an unveiling at the next Renton River Days festival. Rod Stewart(Renton) said he owns an antique store in Renton and encouraged the City to move forward with this project. He noted the importance of directing people from The Landing to downtown Renton and vice versa. Pat Pepper(Black Diamond) stated that she is involved with the Evergreen City Ballet and is the chair of the Renton Municipal Arts Commission. She indicated that the signs are invitational, informative,beautiful, and durable; reflective of the designers' research; and reflective of the flavor of the City. Ms. Pepper noted that the wayfinding system will expand as Renton grows and strengthen Renton as an interactive community. Linda Middlebrooks (Renton) suggested that Renton follow the lead of other communities and install a permanent sign for its farmers market. Bill Taylor(Renton) commended the City's decision to install a wayfinding system, and encouraged the swift completion of the much needed system. Councilmember Persson pointed out that the Council has already authorized the expenditure for the downtown wayfinding system. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC MEETING. CARRIED. Councilmembers Corman and Clawson commented on the need for signs directing people to 1-405, and the need to move forward with working on the I- 405 signage with the Washington State Department of Transportation. Mayor Keolker stated that the Administration will pursue this, and will also review what can be done in conjunction with the wayfinding signs. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: * A community art project entitled "Cedar Salmon" and sponsored by Friends of the Cedar River Watershed is on display at the Renton Public Library now through November 3. * The second edition of the Renton Community Marketing Campaign's television show called "The Curve" is now airing on cable channel 21 and is available via streaming video at www.rentonwa.gov. The show features segments highlighting Renton businesses, trends, and happenings. AUDIENCE COMMENT Jennifer Knickerbocker(Renton)thanked Planning Manager Rebecca Lind for Citizen Comment: answering her questions and addressing her concerns regarding the North Knickerbocker-North Renton Renton neighborhood in which she resides. Neighborhood CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 10/8/2007. Council concur. 10/8/2007 • October 15,2007 Renton City Council Minutes Page 360 Appointment: Library Board Mayor Keolker appointed Catherine Ploue-Smith to the Library Board for a five-year term expiring on 6/1/2012. Refer to Community Services Committee. City Clerk: Quarterly Contract City Clerk submitted Quarterly Contract List for period of 7/1/2007 to List, 7/2007 to 9/2007 9/30/2007; 42 contracts and 17 addenda totaling $12,961,116.66. Information. CAG: 07-156, Fire Station#11 City Clerk reported bid opening on 10/3/2007 for CAG-07-156, Fire Station Fire Sprinkler System,Ace #11 Fire Sprinkler System; two bids; engineer's estimate $70,000; and Fire Protection Systems submitted staff recommendation to award the contract to the low bidder,Ace Fire Protection Systems, Inc., in the amount of$28,959.13. Refer to Finance Committee. Court Case: First Mercury Court Case filed on behalf of First Mercury Insurance Company by Lee Smart, Insurance Company, CRT-07- P.S., Inc. related to the claim filed on the First Mercury policy for damage to 010 self-storage units on NE Sunset Blvd. as a result of sewer discharge that occurred in November 2006 during Sanders General Construction's work on City contract CAG-05-165. Refer to City Attorney and Insurance Services. Development Services: Development Services Division recommended acceptance of a deed of Hoquiam Court Short Plat, dedication for additional right-of-way in the vicinity of NE 8th St. and Hoquiam ROW Dedication,NE 8th St, Ave.NE to fulfill a requirement of the Hoquiam Court Short Plat. Council SHP-05-099 concur. Annexation: Marshall, Duvall Economic Development,Neighborhoods and Strategic Planning Department Ave NE &NE Sunset Blvd recommended a public hearing be set on 11/5/2007 to consider the proposed Marshall Annexation and R-8 zoning of the 7.6-acre site located west of Duvall Ave. NE and north of NE Sunset Blvd. Council concur. Finance: Finance Analyst Finance and Information Services Department recommended approval to Position, Temporarily Fill as temporarily fill a half-time Finance Analyst position with a full-time employee Full Time until 3/31/2008. Refer to Finance Committee. CAG: 03-131, Duvall Ave NE Transportation Systems Division requested approval of Supplemental Improvements, Berger/Abam Agreement No. 7 to CAG-03-131, agreement with Berger/Abam Engineers, Engineers Inc., for services in the amount of$386,000 for the Duvall Ave. NE Widening Project. Refer to Transportation (Aviation) Committee. Utility: Capital Expenditures Utility Systems Division recommended approval to transfer$1,800,000 from Funding, Budget Amend Water Utility Fund 405 to Fund 425; $963,000 from Wastewater Utility Fund 406 to Fund 426; and $410,000 from Surface Water Utility Fund 407 to Fund 427 for the funding of utilities capital expenditures. Refer to Finance Committee. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Council President Nelson presented a Committee of the Whole report regarding Committee of the Whole the settlement agreement with MT Development. The Committee Legal: Settlement Agreement, recommended that Council authorize the settlement of the MT Development Plat Application, MT lawsuit(CRT-05-011) as outlined in the agenda bill (dated 10/8/2007). Development MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Bond Issuance, Council President Nelson presented a Committee of the Whole report Utility Capital Projects recommending concurrence in the staff recommendation to issue bonds in the approximate amount of$21.2 million to finance the cost of construction of various capital projects within the utility systems as well as to refinance outstanding bonds to lower overall costs. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED October 15, 2007 Renton City Council Minutes Page 361 BY NELSON, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for ordinance.) Public Safety Committee Public Safety Committee Chair Law presented a report regarding the Police: Regional misdemeanant jail facility study. There is insufficient space for misdemeanant Misdemeanant Jail Facility inmates in King County and the City of Renton has been unable to secure additional beds in the quantity that are needed from contract providers. Additionally, all of the cities in King County have a contractual obligation to remove misdemeanor inmates from King County Jail by 12/31/2012. The combination of these challenges is forcing cities to look at alternatives for jail needs. As a result of these conditions, Renton is joining with the cities of Des Moines, Tukwila, and Federal Way to fund a feasibility study in the amount of$161,000 to examine the feasibility of the construction and operation of a 500-bed multi- jurisdictional misdemeanant jail facility. The City of Renton is acting as the lead agency and will execute the contract with DLR Group. Renton's financial contribution to the study is $78,890. The Committee recommended concurrence in the staff recommendation to contract with DLR Group to complete the feasibility study. The Committee also recommended preparation of the resolution for reading and adoption at the next Council meeting authorizing the interlocal agreement between the cities to pay for the feasibility study. MOVED BY LAW, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following ordinance was presented for first reading and referred to the ORDINANCES Council meeting of 10/22/2007 for second and final reading: Finance: Bond Issuance, An ordinance was read authorizing the issuance of three series of water and Utility Capital Projects sewer revenue bonds of the City for the purpose of financing the costs of carrying out certain capital improvements of the waterworks utility and refunding certain outstanding water and sewer revenue bonds of the City, in the aggregate principal amounts of not to exceed $10,000,000, $10,000,000 and $3,000,000, respectively; providing the form, terms and covenants of the bonds; fulfilling the Reserve Requirement; authorizing the appointment of an escrow agent and the execution of an escrow agreement relating to the refunding bonds; and approving the sale and providing for the delivery of the bonds to Seattle- Northwest Securities Corporation, Seattle, Washington. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 10/22/2007. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance#5312 An ordinance was read amending the 2007 Budget by using $29,200 from Fund Fire: Defibrillators&Renton 010 fund balance for the purpose of funding the City of Renton's 2007 and 2008 Heart Month Campaign Renton Heart Month campaigns ($19,200) and for purchasing six public access Funding, Budget Amend defibrillators ($10,000). MOVED BY LAW, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilmember Persson noted receipt of an e-mail from Alan Campbell Citizen Comment: Campbell - (Renton) regarding the prevalence of junk vehicles parked on lots and on the Junk Vehicles streets in the Highlands area. He referred the matter to the Administration. October 15,2007 Renton City Council Minutes Page 362 Planning: Low Impact Councilmember Clawson encouraged attendance at the upcoming CH2M Hill Development Regulations workshop for elected officials regarding low impact development, noting that the matter has been referred to the Planning and Development Committee. ADJOURNMENT MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 7:54 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann October 15, 2007 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING October 15, 2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 10/22 Beclan Place Preliminary Plat Appeal; (Nelson) 5 p.m. Utility Revenue Bond Sale Results; Benson Hill Interlocal Agreement Briefing COMMUNITY SERVICES (Corman) FINANCE MON., 10/22 Issaquah and Kent School District Impact (Persson) 3:15 p.m. Fees; Temporary Finance Analyst Position; Fire Station#11 Fire Sprinkler System Bid Award; Funding for Utilities Capital Expenditures; Vouchers PLANNING & DEVELOPMENT THURS., 10/18 CANCELLED (Briere) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) WED., 10/17 Duvall Ave. NE Widening Project (Palmer) 4 p.m. Supplemental Agreement; Local and Regional Transportation Issues Update UTILITIES THURS., 10/18 CANCELLED (Clawson) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. Spew( '( I ?evi4i an, 10/) /21Jo-7 City ofRenton �., New Neighborhoods r,',7-', :::i...,1. s� EDNSP • Honey :Ssc :. Creek Park ex Economic Development,Neighborhoods&Strategic Planning „' • Maplewood 'u's ,, ,."`", Estates 2007 Neighborhood Program Report ��� �'4 � � A } .� y,� • May Creek it. Renton City Council %.,t'iii,,'4'. ` • TheNorma McQuiller ' Orchards 4 s:row,t •` 1 '' Neighborhood Program Coordinator October 15,2007 . Summit ?` „T'�- Park Neighborhood -'� 1 Program '-i 1 irtii[017 34 Recognized KoNgivii « �� Neighborhood Neighborhoods • • Cherrywood Lane • Maplewood Estates ,,a, Liaisons Deborah • Earlington • Monterey Terrace George Stahl Needham • Emerald Garden • North Renton _ a +�• ? _ ' • Falcon Ridge • Ponderosa Estates • Glencoe • Renton Hill •iZ'""• • Highbury Park • Rolling Hills A =•ft,• -r =' `"° Hevin Bonnie RereciE gch Kehl i' • South Renton , ay Sl` David Leibman Mdosewch nrry • Highlands • Summerwind Stan Engler a _ • Honey Creek Park • Honey Creek Ridge • Summit Park m; ' , 4 iligt —t'''',' • Kennydale • Talbot Hill r —, ' • Lakeview •The Orchards Chuck ayren Mark Day Don Erickson • • LaCrosse • Tiffany Park eery Kittndc Mar Wine Marsalisi • Leisure Estates •Valley Vue Re etch i� • Liberty Ridge •Victoria Hills x Victoria Park iL' n § „ , Maplewood Glen er ti ,, ,.,,:!.:•,,a • Windwood '>� `` • Maplewood Garden T '� � Katie • Ma Creek • Winsper Pat Miller Y Tim Tmxel '., Aaron Oestirg McClincy Chuck Duffy saisLl'a�+,�., ....;; Meillaender rMNeighborhood Neighborhood g 1 Grant Program Picnics "' " -•+° • More than$75,000 awarded in sof � • 2007-14 picnics first half of 2007 ' "' •More than 1,800 participants :', _ —8 different neighborhoods 4..,-,6:i.:". representing 22 neighborhoods —2 newsletter grants ,, •Neighborhood trailer activities • A second round of funding will be ` '`'; are a big hit allocated with the remaining $7,000 / �` � .. w AI' t 1/ C` ,fat"', �- ,,y. -, ,, _, ,1:-._,--,=.,-, _ 1 Before and After Heritage Garden Estates Liberty Ridge NE 3rd Landscape Project Landscape & Fence Project i41. Before 2 `'RNCF� , vex" S e After pa Renton Hill Tree North Renton Sign Proj Planting Project � . a ` N+ rt1tt)n xect1.,111' 11; rte - Summerwind Playground and Grant Projects Sports Court Project z ' € w �% � viiiiv,k Before - ._,„......,,..4,-. t4, . a ." g . x V, fir race After z aa. ......._. ..,a 2 Neighbor Meeting Neighbor �� Leadership Meeting Looking to 2008 m s Grants bigger and more innovative projects L _ s • Sixth annual"Neighbor Meeting Neighbor leadership workshop t , • Provide an added Quarterly " Leadership meeting Thank you for YourCity of Renton continued support. t nm. . EDNSPNeighborhood EwnanicDevelopmerit,Nel{k.x.otlsasu_ c,,,,,,ng grogram 3 C.)- (CY O� ADMINISTRATIVE, JUDICIAL, AND k% ® + LEGAL SERVICES DEPARTMENT • MEMORANDUM DATE: October 15, 2007 TO: Toni Nelson, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: GENERAL INFORMATION • Bring the whole family to stroll the streets of downtown Renton to enjoy scarecrows and festive fall decorations in business windows and storefronts. Scarecrows will be on display through October 31. • On Saturday, October 27, from 1:00-4:00 p.m., enjoy free games, treats, and festive decorations at The Olde Fashion Halloween Party in the Main Street Square (enter at the 200 block of Main Avenue South). Come in costume or make your own there. Also from 1:00-4:00 p.m., downtown Renton businesses will host Trick or Treating. Look for the orange "Trick or Treat" signs in storefront windows of participating businesses throughout downtown. COMMUNITY SERVICES DEPARTMENT • The new activity building at Tiffany Park is now open and operating Fall Into Fun programs and activities for children ages 6 years and older. Program hours are Monday through Thursday from 3:00 to 7:00 p.m. For more information, call 425-430-6700 or visit www.Rentonwa.gov. • A community art project entitled Cedar Salmon and sponsored by Friends of the Cedar River Watershed is on display at the Renton Public Library now through November 3. The project involves ten life-sized salmon silhouettes created from cedar planks by local artists, which will be displayed at a series of sites along the salmon's migration route from Puget Sound to the Cedar River Education Center in North Bend. They will be auctioned off at a fundraising event for the restoration of habitats along spawning streams. The showing at the library will coincide with weekend visits by naturalists on October 13, 20, 21, 27, 28, and November 3 to explain the life cycle of the salmon and the importance of the Cedar River as prime salmon habitat. • Children ages 2 to 8 years, accompanied by an adult, are invited to the annual Boo Carnival on Saturday, October 27, 10:00 a.m. to 12:30 p.m., for a spirited time of crafts, games, and inflatables. Carnival pass for all activities is $6 per child. This event is co-sponsored by Stoneway Concrete. For more information, call 425-430-6700 or visit www.Rentonwa.gov. • StoryBook Theater will present a brand new musical adaptation of the classic fairytale "Chicken Little" at Carco Theatre on Saturday, October 27 and Sunday, October 28 at 11:00 a.m. and 1:00p.m. This hilarious performance is for children ages 3 to 9 and their families. For ticket information, contact Storybook Theatre at 425-827-3123 or visit www.Studio-East.org. Administrative Report October 15, 2007 Page 2 • Due to the growing diversity in Renton, the need for English as a Second Language (ESL) classes in the community and at the work place is growing. Currently, an ESL class is being held Tuesday and Thursday nights from 6:30 to 8:00 p.m. at the North Highlands Neighborhood Center. Another ESL class will begin at The Salvation Army, 720 South Tobin. Renton Technical College, BURSST, and Service Linen partnered together and started a workplace ESL class at Service Linen that began October 1 with 16 students. Over 15 people have volunteered to become tutors and are interested in starting a Talk Time at the Renton Library. For more information, please contact Human Services at 425-430-6650. ECONOMIC DEVELOPMENT, NEIGHBORHOODS & STRATEGIC PLANNING DEPARTMENT • The second edition of the Renton Community Marketing Campaign's new television show called "The Curve" is now airing on Channel 21 and is available via streaming video at \ \v_«.rentonwa.tiov. "The Curve" features lively segments highlighting Renton businesses, trends, and happenings. "The Curve" will also air on Puget Sound Access Channel 77. The Renton Community Marketing Campaign, a partnership between the City of Renton, the Renton School District, Renton Technical College, Valley Medical Center, and Renton Chamber of Commerce, is focused on promoting Renton as the center of opportunity. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • WSDOT crews will be working on the highway shoulders along SR 167, and conducting surveys on I-405. Construction closures affecting I-405 and SR 167 traffic in Renton and Tukwila the week of October 13- 20 include: ➢ Monday through Thursday nights, October 15 through 18, crews will close one lane in each direction of I-405 between the 61st Ave. S. overpass (just east of I-5) and the I-405/SR 169 interchange to conduct survey work. All lanes will close by 10:00 PM each night, reopening at 5:00 AM each morning. ➢ Monday through Thursday nights, October 15 through 18, crews will close up to two southbound lanes on SR 167 between I-405 and S. 41st. to install electrical lines. The first lane will be closed at 8:00 PM and all lanes will reopen by 6:00 AM each morning. ➢ Monday through Thursday nights, October 15 through 18, crews will close one northbound lane on SR 167 between S. 41st. St. and I-405 beginning at 8:00 PM. The northbound lane will reopen by 5:00 AM each morning. CITY OF RENTON COUNCIL AGENDA BILL m#: m b Submitting Data: For Agenda of: October 15, 2007 %No"Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Kathy Keolker, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Library Board Appointment: Ordinance Ms. Catherine Ploue-Smith Resolution Old Business Exhibits: New Business Study Sessions Community Service Application Information Recommended Action: Approvals: Legal Dept Refer to Community Services Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated L. Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Keolker appoints the following to the Library Board: Ms. Catherine Ploue-Smith,402 S. Tobin St., Renton, WA, 98057, for a five-year term expiring on June 1, 2012 (previously held by Connie Shroldra). STAFF RECOMMENDATION: Confirm Mayor Keolker's appointment of Ms. Catherine Ploue-Smith to the Library Board. .. AWED CITY OF RENTON JUN 1 2007 APPLICATION FOR COMMUNITY SERVICE ORS OFFICE *r✓ If you are interested in participating in local government by membership on any of the following City boards, commissions, or committees,please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98057 Check the boards/commissions/committees in which you are interested: U AIRPORT ADVISORY COMMITTEE* U PLANNING COMMISSION* U CIVIL SERVICE COMMISSION* U ADVISORY COMMISSION ON DIVERSITY U HOUSING AUTHORITY* U SENIOR CITIZENS ADVISORY COMMITTEE* U HUMAN SERVICES ADVISORY COMMITTEE* U SISTER CITY COMMITTEE-CUAUTLA LIBRARY BOARD U SISTER CITY COMMITTEE-NISHIWAKI U MUNICIPAL ARTS COMMISSION* ❑ TRANSIT ADVISORY BOARD U PARKS COMMISSION* ❑ NON-MOTORIZED TRANSPORTATION ADV CMTE *Special membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR. ❑ MSA NAME (_ec rl P I — sm t k DATE 6 /12 (Zoo R- ADDRESS �I-b (_ , 1 O g I() S'1` ZIP CODE q PHONE: DAY 42c-s02--o-fr2 3 NIGHT 4'2S- �� (— 3 EMAIL Cal4N°rine_ec° 'gF-1-,t11,cot- RENTON RESIDENT? YES , IF SO, SINCE WHEN? JA,-Mtk�Y 49 CITY OF FORMER RESIDENCE( ;-►., iu4 / 5n-► 4o)/ it. t-cl-C 4.4MEDUCATIONAL BACKGROUND 13 re et a-r e.s Co a Swh%►to/ -` Zc - �ix �njt � Z¢�-c�-( .7�t` .- i (�� �11 / OCCUPATION Pro t'an. i Cavi �r EMPLOYER REM N 11,00 �V.0(,ffp CS/ L OCCUPATIONAL BACKGROUND 11,epciago-Le- .e cl n kktg • 87+'04a., a _ • c . COMMUNITY ACTIVITIES(organizations/clubs/service groups,etc.).4(4" elev.¢.Qk:14 REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE (.1)s - G ?Rii- ( e :� -�tc 2.ovt- 44,.,2 �` 4, P-a.c �U,!�o.�iLl�:. �.� 4/t,vY,:p,,. CAN ATTEND DAY MEETINGS?No4— 1ti('t"t..4( ' CAN ATTEND NIGHT MEETINGS? YES NNW Applications will be kept on file for one year. If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500. 1/24/07 '/r/ <J -Dlt vy� CITY OF RENTON COUNCIL AGENDA BILL jai#: 1. . Submitting Data: For Agenda of: 10/15/2007 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie Walton, x6502 Agenda Status Consent X Subject: Public Hearing.. City of Renton Contracts List Correspondence.. 3nd Quarter 2007 Ordinance Resolution Old Business Exhibits: New Business List of contracts and addenda signed from July 1, 2007 Study Sessions through September 30, 2007 Information X Recommended Action: Approvals: Legal Dept None; Information only Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The contract list shows all agreements executed between the City and outside parties and/or agencies during the third quarter of 2007. There were 41 contracts and 17 addenda, totaling $12,961,116.66 ( ( ( . 3rd Quarter 2007 Contract List CONTRACT ADDEN : CONTRACT APPROVAL >:::: :EXPIR:ATION NUMBER. EXT NAME/TITLE .:. :AMOUNT PURPOSE: . DATE ::DIV::: :DATE.: Endangered species and provide on call CAG-01-071 Adden#9-07 'IPerteet Engineering, Inc. 49,910.00 services 7/16/2007 T 12/31/2008 Provide Reimbursement funding for SR 169 Maple Valley Improvements project CAG-01-155 Adden#1-07 WA Transportation N/A I(reimbursed$153,298) 8/10/2007 T 12/31/2008 I�Grant of$2,500,000 for SR 169 Maple Valley CAG-01-155 Adden#2-07 WA Transportation N/A Improvements project 8/10/2007 T 12/31/2008 KC Transportation Road Landsburg Gravel Supplementation CAG-02-134 j Adden#5-07 Services Division _ 47,456.40 Mitigation Project-Addendum 4 7/5/2007 U 7/5/2008 King County Emergency King County emergency medical services CAG-03-121 Adden#4-07 Medical Services N/A annual basic life support services 8/2/2007 F 12/31/2007 , Emergency Maintenance Task Management Enterprise Maintenance Management System (for facilities and transportation work groups to assist in the implementation of the Infor CAG-03-167 Adden#1-07 I Weston Solutions,Inc. 150,000.00 Global Solutions, Inc.,EMMS System) 7/23/2007 IS 6/30/2008 Additional Work on Heather Downs Drainage CAG-05-066 Adden#5-07 JA Brennan Associates _ 19,580.00 (time extended to 11/9/2007) 7/23/2007 PA 11/9/2007 Water, Wastewater, Surface Water Comp. Financial Consulting Rate Study and System Development Charges CAG-06-007 Adden#5-07 Solutions Group, Inc. 5,400.00 Study Additional Work 8/7/2007 U 12/31/2007 --- -- ------ 1 Heating, ventilating& air conditioning systems services at City Hall increase of cost CAG-06-072 Adden#1-07 McKinstry Co. 72,370.00 to 72,370.00 8/27/2007 PA 4/1/2009 Eastside Fiber Consortium-adding Bellevue CAG-06-097 Adden#27-07 .I Interlocal Agreement N/A Community College to the consortium _ 7/3/2007 IS 12/31/2008 David Evans and Additional work for Sunset/Hoquiam CAG-07-008 Adden#1-07 Associates, Inc. I 34,140.00 signalization and extend time to 1/31/2008 7/24/2007 T 1/31/2008 HJCity Clerk/Contract Log 2007.xls Page 1 10/10/2007 3rd Quarter 2007 Contract List CONTRAcTCONTRACT . : APPROVAL EXPIRATION NUMBER. : EXT 1 : :NAME/TITLE : AMOUNT :: PURPOSE.::. ::: :.::1?4,q.h: :::::DIV: ;:::D `'E::.:. Landscape Architect Services for Burnett CAG-07-026 Adden#1-07 Macleod Reckord N/A Linear Park Time Extension to 12/31/2007 8/9/2007 PA j 12/31/2007 Emergency Assistance: 2007-2008 Joint 'Catholic Community Human Services Agreement. Federal Way CAG-07-066 Adden#1-07 Services of King County N/a $5,000 8/27/2007 PA 12/31/2008 Increase City share of railroad bridge CAG-07-069 Adden#1-07 BNSF Railway Co. N/A preplacement project to $8,950,000 7/18/2007 T 1/1/2020 Providing additional work to Earlington Sewer Interceptor Geotechnical Engineering CAG-07-070 Adden#1-07 'Kleinfelder West, Inc. 9,051.00 Contract(extended contract) 7/17/2007 U 8/31/2008 1 i I CAG-07-102 Adden#1-07 Sea Reach Ltd. N/A Time extension until 12/31/2007 9/18/2007 ED 12/31/2007 CAG-07-104 Lakeside Industries 856,702.772007 Street Overlay w/Ramps 8/3/2007 PW 12/31/2007 Clearcreek Contractors, ,Maplewood Creek Sediment Basin 2007 CAG-07-107 Inc. _ 84,743.80 Cleaning&Maintenance Project 8/14/2007 PW 12/31/2007 Various Local Valley Special Response Team(VSRT) CAG-07-110 Municipalities N/A �agreement 8/9/2007 POL 12/31/2008 Northwest Infrastructure, CAG-07-118 Inc., 175,693.56 N 26th St/Park PL N Storm System Project 8/14/2007 U 12/31/2007 Economic Development Modification of special condition#8 Project CAG-07-122 Adden#1-07 :Administration N/A Monitoring Report 7/11/2007 T 7/25/2012 Grant to supplement local emergency management operating budget to enhance Washington State emergency management programs(Grant CAG-07-124 Military Department N/A amount$66,714) _ 7/5/2007 F 12/31/2007 HJCity Clem"ontract Log 2007.xls Pagz ti/10/2007 ( ( t, 3rd Quarter 2007 Contract List CONTRACT ADDEN CONTRACT : .::: :: APPROVAL. :::.EXPIRATION •NUMBER :EXT NAME/TITLE AMOUNT..::• : :.PURPOSE r': DATL+`::..1,1.:D.L:V ::::::::::/DATE :::::: Provide project coordinator for stage one of WA Transportation the I-405, I-5 to SR-169 widening project CAG-07-125 „ (WSDOT) N/A I(Maximum amount state will pay is $48,000) 7/9/2007 T 12/31/2008 King County CDGB 2007 Community Development Block Grant CAG-07-1271 Funds 294,902.00 Contract _ 7/11/2007 HS 12/31/2008 KC Department of Implement City of Renton and State of WA CAG-07-1291 Transportation 38,060.00 Commute Trip Reduction(CTR) for 2007 - 8/21/2007 T 7/31/2008 WA Transportation Commute Trip Reduction funding agreement CAG-07-130 I (WSDOT) N/A for 2007 -2009 (Grant Amount$44,355.10) 7/10/2007 T 6/30/2009 Group Health i 2007 Annual Agreements for Group Health I CAG-07-131 _ 'Cooperative 143,300.00 Medical Coverage 7/2/2007 HR 12/31/2007 KC Rural Library Interlocal agreement concerning tansfer of CAG-07-132 (District N/A assets in the event of annexation 7/2/2007 E 12/31/2015 2007 4th of July Event Title Sponsorship; 2 Wasatch Development installment payments to City @$12,500 each, CAG-07-133 (dba Revo 225) N/A Itotaling$25,000 7/2/2007 PA 7/20/2007 Portland Energy Consultant agreement for implementing the Conservation, Inc. i washwise clothes washing machines in CAG-07-135 _ (PECI) 25,081.25 Renton _ 7/9/2007 U 1 1/31/2008 'Consultant agreement for a development of a CAG-07-136 R.W. Beck, Inc. 92,999.00 water use efficiency plan 7/9/2007 U 7/31/2008 _ Contract agreement for designing the driving CAG-07-138 1Parametrix, Inc. 17,600.00 range drainage and turf - 7/11/2007 PA 12/31/2007 Water line relocation for realignment of CAG-07-140 I Ceccanti, Inc. - 869,421.66 'Benson Road and 1-405 overpass 9/6/2007 U 12/31/2008 I Northwest Hydraulic 2007 Annual Cedar River Cross Section CAG-07-142 I,Consultants, Inc. 18,980.00 I Survey 7/24/2007 U ' 10/31/2007 H:/City Clerk/Contract Log 2007.xls Page 3 10/10/2007 3rd Quarter 2007 Contract List CONTRACT ADDEN >::> CONTRACT APPROVAL EXPIRATION NUMBER EXT NAME/TITLE AMOUNT. : .: : :::PURPOSE... .: ::::::. T ::*:: DIV_ :::::DATE::/ ::/: Emergency Feeding 2007 Community Development Block Grant CAG-07-143 Program of Seattle/KC 10,000.00 ,Contract for Emergency Food Svcs 7/25/2007 HS 12/31/2007 I Communities in Schools 2007 Community Development Block Grant CAG-07-144 of Renton 12,327.00 Contract for Family Liaison Svcs 7/25/2007 HS 12/31/2007 Head to Toes Footcare 1 11 CAG-07-145 I Services N/A Footcare services for senior citizens 7/23/2007 PA 12/31/2007 CAG-07-147 Doug Levy 47,750.00 2008 Legislative Services 7/31/2007 ED 12/31/2008 _ i Construction and Maintenance Agreement for ,Railroad bridge replacement at Hardie Av CAG-07-148 _ 1BNSF Railway Co. 8,950,000.00 SW/Rainier Av S/Shattuck Av S 8/6/2007 T 12/31/2008 j Institute for Family CAG-07-149 I Development 12,798.00._ 12007 CDBG contract for in-home counseling 8/2/2007 HS 12/31/2007 Co-Sponsorship of 2007 Canine Candy Cane CAG-07-150 IAussie Pet Mobile N/A 5K Fun Run&Walk 7/10/2007 PA 12/3/2007 Fairwood Physical (Co-Sponsorship of 2007 Canine Candy Cane CAG-07-1511 Therapy N/A 5K Fun Run&Walk 8/2/2007 PA 12/3/2007 Performance Grant to purchase bicycle CAG-07-152 WA Transportation N/A storage racks to reduce commute trips 8/9/2007 T 12/31/2009 FAA Grant for 2008 Runway Paving Project- Design(AIP Project#17) $149,646.00& Acceptance of Grant for 2008 runway paving CAG-07-153 FAA N/A project 8/10/2007 A 12/31/2007 • PD Grant application Techinical Support for Grant Application for seismic retrofit of Fire Station#11 (not to eceed CAG-07-154 Goettel &Associates N/A $15,246.00 incl. WSST) 8/2/2007 PA 12/31/2008 King Conservation District No. 9 Grant � Agreement for the Upper Springbrook Creek CAG-07-158 King Conservation Dist. N/A Restoration Project. Grant Amount$50,000 9/26/2007 U 12/31/2008 Construction ot relocation ot water line at Benson Road South&I-405 Overpass -Cost CAG-07-1591 j WSDOT N/A ;Sharing Agreement Only 9/14/2007 _ U 12/31/2008 H:/City C1er 'ontract Log 2007.xls Pager710/2007 , k ( ( . 3rd Quarter 2007 Contract List CONTRACT ADDEN CONTRACT... A:>PPRQV:A4;:J: ::: EXPIR.AfiIt3N NUMBER EXT NAME/TITLE AMOUNT: :::PURPOSE:::: .::: :::DATE ::DI:V :: :: DATE.. Pacific Engineering CAG-07-162 Design,LLC _ 152,056.63 Design Citywide Sidewalks and Curb Ramps 8/27/2007 T 12/31/2008 CAG-07-163 URS Corporation 149,646.00 2008 Runway Paving Project 8/28/2007 ', A 4/1/2008 Renton Salvation Army Food Bank Operations/2007-2008 General CAG-07-164� Food Bank 24,000.00 Fund 8/30/2007 HS 12/31/2008 Medtronic Emergency Defibrillator Service&Maintenance CAG-07-1651 Response Systems, Inc. 12,025.00 lAgreement 8/29/2007 - F 7/10/2008 American Traffic 1 CAG-07-1661 I Solutions 306,000.00 Photo Enforcement Services 9/5/2007 P 9/5/2012 Cooperative purchasing agreement with the City of Seattle for purpose of purchasing a CAG-07-167 City of Seattle N/A ,turnkey traffic safety camera system 9/11/2007 P 12/31/2106 Interlocal agreement for cost sharing for the CAG-07-168 _ City of Mercer Island N/A Airport Noise Study _ 9/12/2007 A12/31/2008 Maintenance agreement for Fire Departments CAG-07-169', FDM Software, Ltd. 18,255.59 records management system 9/6/2007 F 12/31/2007 Harris Miller Miller& CAG-07-171 j Hanson, Inc. 131,050.00 Airport Noise Study 9/17/2007 A 1/31/2008 CAG-07-172 Seattle Times 22,500.00 Recruitment Advertising 9/17/2007 HR 8/4/2008 CAG-07-173 RH2 Engineering, Inc. 94,991.00 Wastewater Utility 2007/08 General Services 9/18/2007 U 12/31/2008 Children's Home Society 2007 CDBG Contract- Strengthening CAG-07-174 of Washington 12,326.00 Families -Healthy development of children 9/24/2007 HS 12/31/2007 42 Contracts I 17 Addenda , TOTAL: $12,961,116.66 H/City Clerk/Contract Log 2007 xls Page 5 10/10/2007 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk October 15, 2007 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on October 3, 2007, for CAG-07-156, Correspondence.. Fire Station#11 Sprinkler System Project Ordinance Resolution Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid Tabulation Sheet (two bids) Information Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept Other Fiscal Impact: Expenditure Required... $28,959.13 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $120,000.00 City Share Total Project SUMMARY OF ACTION: Engineer's Estimate: $70,000 In accordance with Council procedure, bids submitted at the subject bid opening met the following criteria: there was more than one bid, and the low bid was within the project budget. The low bid submitted by Ace Fire Protection Systems, Inc., however, contained irregularities. Therefore staff recommends referral of the bid to the Finance Committee for discussion regarding the irregularities. STAFF RECOMMENDATION: Accept the low bid submitted by Ace Fire Protection Systems, Inc. in the amount of$28,959.13. 0� COMMUNITY SERVICES DEPARTMENT • h o� MEMORANDUM DATE: October 9, 2007 TO: Bonnie Walton, City Clerk FROM: Greg Stroh, Facilities Manager, x6614 SUBJECT: Fire Sprinkler System for Renton Fire Station 11 The bid opening for Fire Sprinkler System for Renton Fire Station #11 was held October 3rd, 2007, at 2:30 pm in Conference Room 521 of Renton City Hall. Two (2) bids were received. The bids ranged from a low of$24,143.13 to a high of$67,408.00. The low bid received for the project was $24,143.13,including WSST from Ace Fire Protection Systems, Inc. Our staff has reviewed the low bid for completeness, inclusion of all required forms, acknowledgments of addenda, and mathematical correctness. There are two (2) informalities in this bid submittal. 1. Ace Fire did not include the Combined Affidavit and Certification in their bid submittal package. This requirement is specified in Instructions to Bidders and Now. indicated on the Bid Submittal Checklist in the Project Specification book. Upon determining that no unfair advantage was afforded them by this omission, they were allowed to submit their bid. 2. The pre-bid-walk-through was not mandatory, only strongly suggested. In not attending the walk through, Ace Fire missed a verbal point of clarification regarding system components. They did, however, have the foresights to include the component in question in their bid clarification statement as an Alternate Add with an associated cost of$ 4,420.00 (please see attachment A). • The low bid of$ 24,143.13, including the Alternate Add of$ 4,420.00 and WSST, is $ 28,959.13 and still qualifies as the apparent low bid. • The approved 2007 CIP budget for the project is $120,000. The funding for the project is account number 316.000000.020.5940.0076.63.000002, Community Services Capital Improvement Program, Major Maintenance/Operational Facilities. • The project estimate was $70,000. lofty - is\contract docs\fs till apparatus bay fire sprinklers\fs 11 sprinkler letter to city clerk 100807.doc Attachment A 0ACE FIRE PROTECTION SYSTEMS, INC. ,S RENTON FIRE STATION#11 Base Bid Clarifications: 1. Coverage area includes Apparatus Bay, Storage Room 141 and space above, Shop Room 139 and space above, exterior overhang of Apparatus Bay and overhead door protection 2. No coverage or design is included for the Hose Tower or remainder of the building 3. A 4"capped supply is included in system riser for future station sprinklers(wet or dry) Specific Exclusions: 1. Underground water supply to a flange approx. 6"above the finished floor, including vault, backflow preventer, fire department connection and post indicator valve(see alt. add below) ,viro, 2. Electrical wiring (low voltage wiring from detectors to preaction panel is included), pressure switches, tamper switches, air compressor, power to preaction panel, alarm wiring 3. Painting of any piping 4. Standpipe system(spec's call for a Class I standpipe, but should not be required) 5. Structural calculations for building roof system to support piping (if required) Alternate Add—FOUR THOUSAND FOUR HUNDRED TWENTY DOLLARS ($4,420.00) Furnish and install backflow preventer with tamper switches inside the valve room and include fire department connection piped from system side of backflow preventer to exterior wall face of valve room. Page 1 of 1 .41.11 23220 Maple Valley/Black Diamond Road S.E., Suite 3-A • Maple Valley, WA 98038 • Office(425) 432-4401 • Fax (425) 432 0494 CITY OF RENTON BID TABULATION SHEET �, ROJECT: Renton Fire Station#11 Fire Sprinkler System; CAG-07-156 DATE: October 3, 2007 FORMS BID BIDDER Adden Triple 1 Form Ace Fire Protection Systems, Inc. X Base Bid: $24,143.13 23220 Maple Valley Black Diamond Rd.#3A Alternate: $60,189.03 Maple Valley, WA 98038 Dan Moffett SimplexGrinnell LP X X Base Bid: $67,408.00 9520 10th Ave. S., Suite 100 Alternate: $0 Seattle, WA 98108 Kenneth W. Bryner New ENGINEER'S ESTIMATE TOTAL: $70,000.00 4imr LEGEND: Forms:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage s { CITY OF RENTON COUNCIL AGENDA BILL AI#: n i Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk October 15, 2007 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-07-010; Court Case Correspondence.. First Mercury Insurance Company vs. Sanders General Ordinance Construction, LLC and City of Renton Resolution Old Business Exhibits: New Business Summons and Complaint Study Sessions Information Recommended Action: Approvals: Refer to City Attorney and Insurance Services Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Noel Total Project Budget City Share Total Project SUMMARY OF ACTION: Summons and Complaint for Declaratory Judgment filed in King County Superior Court on behalf of First Mercury Insurance Company by Lee Smart, P.S., Inc. related to the claim filed on the First Mercury policy for damage to self-storage units on NE Sunset Blvd. as a result of sewage discharge that occurred in November 2006 during Sanders General Construction's work on City contract CAG-05-165. OCT. Opt OF RENTON 0 5 2007 1 RECEWED RECEIVED 2 . KING COUNTY, WASHINGTON CITY CLERK'S OFFICE SEP 2 5 2007 YM /4.6c Legal Svgs 3 9',23'am, 4 KNT DEPARTMENT OF JUDICIAL ADMINISTRATION 6 12iA,12. fl ' ' , . "TI,c-Irti ki -4- adm in/* SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 8 9 FIRST MERCURY INSURANCE 10 COMPANY, 0 Tas2 -312 7 6 Plaintiff, 6 11 SUMMONS vs. (20-Day) 12 SANDERS GENERAL CONSTRUCTION, err 13 LLC and CITY OF RENTON, 14 Defendants 15 16 17 THE STATE OF WASHINGTON TO: Sanders General Construction, LLC 5188 N.W. Sammamish Road 18 Issaquah, WA 98027 19 Registered Agent: Dan S. Lossing 20 777— 108`h Avenue NE, Suite 1900 21 Bellevue, WA 98004 22 A lawsuit has been started against you in the above-entitled court by the plaintiff, whose 23 claim is stated in the written complaint, a copy of which is served upon you with this Summons. 24 25 SUMMONS- I LEE•SMART 5138226 P.S.,Inc.•Pacific Northwest Law Offices I'if+ � - onvention Place 701 Pike Street Seattle WA 96101-3929 0 2r. 624.7990�Toll Free 877.624.7990 Fax 206.624.5944 *10 1 In order to defend against this lawsuit you must respond to the complaint by stating your 2 defense in writing, and serve a copy upon the undersigned attorney for the plaintiff within twenty 3 (20) days after service of this Summons, excluding the day of service, or a default judgment may 4 be entered against you without notice. A default judgment is one where plaintiff is entitled to 5 what it asks for because you have not responded. If you serve a Notice of Appearance on the 6 undersigned attorney,you are entitled to notice before a default judgment may be entered. 7 You may demand that the plaintiff file this lawsuit with the court. If you do so, the 8 demand must be in writing and must be served upon the plaintiff. Within fourteen (14) days after 9 you serve the demand, the plaintiff must file this lawsuit with the court, or the service on you of 10 this Summons and Complaint will be void. 11 If you wish to seek the advice of an attorney in this matter, you should do so promptly so 12 that your written response, if any, may be served on time. 13 This Summons is issued pursuant to Rule 4 of the Superior Court Rules of the State of ,44101 14 Washington. 15 16 DATED this 2--t' day of September 2007. 17 LEE SMART, P.S., INC. 18 19 By: "< Jeffrey Per, WSBA No.12625 20 Rosemary J. Moore, WSBA No. 28650 Of Attorneys for First Mercury Insurance 21 Company 22 23 24 25 *4400 SUMMONS -2 LEE•SMART 5]38226 P.S., Inc.•Pacific Northwest Law Offices 1800 One Convention Place.701 Pike Street•Seattle•WA 98101-3929 Tel 206.624.7990•Toll Free 877.624.7990• Fax 206.624.5944 KING G COC011NN ON CEI SEP 2 5 2007 KNT DEPARTMENT C?F 2 JUDICIAL AD ENT 3 CdTV OF RENTON 4 OCT 0 5 2007 5 RECEIVED SUPERIOR COURT OF WASHINGTON FOR KING COUN IYr'CLERKS OFFICE 6 FIRST MERCURY INSURANCE 7 COMPANY, t�► ry� 8 Plaintiff, O i 2 0 3 1 2 ` 6 — 5 KN 1 COMPLAINT FOR DECLARATORY 9 vs. JUDGMENT 10 SANDERS GENERAL CONSTRUCTION, LLC and CITY OF RENTON, 11 Defendants 12 `_ 13 _ 14 I. PARTIES, JURISDICTION, AND VENUE 1.1 Plaintiff First Mercury Insurance Company ("First Mercury") is a foreign 15 corporation that conducts insurance business in King County, Washington. 16 1.2 Defendant Sanders General Construction, LLC, ("Sanders") is a Washington 17 corporation doing business in King County, Washington. 18 1.3 Defendant City of Renton is a municipal corporation, lawfully organized under 19 the laws of the State of Washington. Its corporate boundaries are solely within King County, 20 and the acts complained of herein are all within it corporate boundaries. 21 1.4 This court has jurisdiction over the subject matter of this action pursuant to 22 RCW 7.24 et seq. and other applicable law. 23 1.5 Venue is proper in King County Superior Court pursuant to RCW 4.12.025(1) 24 and/or other applicable law. 25 COMPLAINT FOR DECLARATORY JUDGMENT- I LEE•SMART 5138133 D P.S.,Inc.•Pacific Northwest Law Offices C 0 One Convention Place.701 Pike Street•Seattle•WA•98101-3929 I.206.624.7990•Toll Free 877.624.7990• Fax 206.624.5944 Ned 1 II. FACTS 2 2.1 First Mercury issued policy no. FMFL001459 ("the First Mercury Policy") to 3 Sanders, as the named insured, for a one year policy term beginning January 6, 2006 through 4 January 6, 2007. Policy no. FMFL001459 was a renewal of policy no. FMFL000393, a policy 5 previously issued by First Mercury to Sanders. The limits provided under the commercial 6 general liability coverage of the First Mercury Policy are $1 million each occurrence. A true 7 and correct copy of the First Mercury Policy is attached hereto as Exhibit A and is 8 incorporated herein by reference. 9 2.2 In or around December 2006, Sanders made a claim on the First Mercury Policy 10 alleging the following facts: 11 2.2.1 On or around November 21, 2006 Sanders installed a temporary by-pass 12 located eight feet underground to prevent the flow of raw sewage while performing concrete 13 work for the City of Renton. 14 2.2.2 The by-pass plug came loose, resulting in a discharge of sewage that 15 caused damage to between 35 to 40 storage units at 4546 NE Sunset Boulevard in the City of 16 Renton, that are owned or occupied by Sunset Highway Self Storage or other persons or 17 entities. 18 2.2.3 As a result of the sewage discharge, mold was discovered growing in 19 several of the storage units. 20 2.2.4 Sunset Highway Self Storage and/or other persons or entities have made 21 a claim for compensation from Sanders arising out of the matters stated in sub-paragraphs 2.2.1 22 through 2.2.3. 23 2.3 The First Mercury Policy provides commercial general liability coverage subject 24 to several provisions, including, but not limited to,the following provisions: 25 COMPLAINT FOR DECLARATORY JUDGMENT-2 LEE•S M A R T 5138133 P.S.,Inc.•Pacific Northwest Law Offices 1800 One Convention Place•701 Pike Street•Seattle•WA•98101-3929 Tel. 206.624.7990•Toll Free 877.624.7990 •Fax 206.624.5944 Now- 1 2.3.1 The First Mercury Policy contains endorsement CG 21 4901 96, entitled 2 "Total Pollution Exclusion Endorsement." That endorsement states that: 3 This endorsement modifies insurance provided under the following: 4 COMMERCIAL GENERAL LIABILITY COVERAGE PART. 5 The "Total Pollution Exclusion Endorsement" further states, as follows: 6 The insurance does not apply to: 7 f. Pollution 8 (1) "Bodily injury" or "property damage" which would not have 9 occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. 10 (2) Any loss, cost or expense arising out of any: 11 (a) Request, demand or order that any insured or others test 12 for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or Now13 (b) Claim or suit by or on behalf of a governmental authority 14 for damages because of testing for, monitoring, cleaning removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing 15 the effects of pollutants. 16 Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals and 17 waste. Waste includes material to be recycled, reconditioned or reclaimed. 18 2.3.2 The First Mercury Policy also contains Endorsement CVX-GL- 19 1001A(09/2002), entitled "Exclusion-Mold, Fungi or Bacteria." That Endorsement also states 20 that it modifies insurance provided under the commercial general liability coverage part. That 21 endorsement further states, in relevant part, as follows: 22 Notwithstanding anything to the contrary contained in the policy or any endorsement attached thereto, this insurance does not apply to and shall not 23 respond to any claim, demand or"suit" alleging: 24 1. "Bodily Injury," "Property Damage" or "Personal and Advertising Injury" arising out of, in whole or in part, the actual, alleged or threatened 25 discharge, inhalation, ingestion, dispersal, seepage, migration, release, escape or Now COMPLAINT FOR DECLARATORY JUDGMENT-3 LEE•S M A R T 5138133 P.S.,Inc.•Pacific Northwest Law Offices 1800 One Convention Place•701 Pike Street•Seattle•WA•98101-3929 Tel. 206.624.7990•Toll Free 877.624.7990• Fax 206.624.5944 NIS 1 existence of any mold, mildew, bacteria or fungus, or any materials containing them, at any time. 2 2. Any loss, cost or expense arising out of any: 3 a. Request, demand, order or statutory or regulatory requirement 4 that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the 5 effects of any mold, mildew, bacteria or fungus, or any materials containing them; or 6 b. Claim, demand or "suit" by or on behalf of a governmental 7 authority or any other person or organization for damages because of testing for, monitoring, cleaning up, removing, containing, treating, 8 detoxifying or neutralizing, or in any way responding to, or assessing the effects of any mold, mildew, bacteria or fungus, or any materials 9 containing them. 10 This exclusion applies to: 11 Our obligation to contribute to, share damages with, repay or indemnify someone else who must pay damages because of the "Bodily Injury," 12 "Property Damage" or "Personal and Advertising Injury" or pay any loss, cost or expense noted in paragraphs 2a. and 2b., above. 13 It is the intent of this endorsement to exclude from this insurance any 14 claim, demand or "suit" as described above. Therefore, there shall be no duty or obligation on the part of the Company under this insurance to 15 respond to, investigate or defend anyone, including but not limited to any insured, its agents, servants, or "employees" or any third parties for any 16 such claim, demand or "suit." 17 2.4 On or around March 1, 2006, First Mercury named the City of Renton as an 18 Additional Insured under the First Mercury Policy. A true and correct copy of a Certificate of 19 Liability Insurance ("the Certificate") together with Attached Endorsements: CG2010, CVX- 20 GL-0915, CG2404 and CG2503 are attached hereto as Exhibit B and are incorporated herein 21 by reference. 22 2.4.1 The Certificate contains the following statement: "This Certificate is 23 issued as a matter of information only and confers no rights upon the certificate holder. This 24 Certificate does not amend, extend or alter the coverage afforded by the policies below." 25 COMPLAINT FOR DECLARATORY JUDGMENT-4 LEE•S M A R T 5138133 P.S.,Inc.•Pacific Northwest Law Offices 1800 One Convention Place•701 Pike Street•Seattle•WA•98101-3929 Tel. 206.624.7990•Toll Free 877.624.7990• Fax 206.624.5944 1 2.4.2 The Certificate also states: "The policies of insurance listed below have 2 been issued to the insured named above for the policy period indicated, notwithstanding any 3 requirements, term or condition of any contract or other document with respect to which this 4 certificate may be issued or may pertain. The insurance afforded by the policies described 5 herein is subject to all the terms, exclusions and conditions of such policies, aggregate limits 6 shown may have been reduced by paid claims." 7 2.4.2 Endorsement CVX-GL-0915 that was attached to the Certificate of 8 Insurance is entitled Blanket Primary Endorsement. The Endorsement contains the following 9 statements: 10 It is the intent of this endorsement to exclude all claims, demands or suits arising 11 out of any "bodily injury" or"property damage" to which this insurance does not apply. There shall, therefore, be no duty or obligation on our part under this 12 insurance to defend, respond to, investigate, or indemnify anyone for any such claims, demands or suits. 13 " ' Nothing herein contained shall be held to waive, vary, alter or extend any of the 14 terms, limitations and conditions of the policy other than as above stated. 15 2.5 On or around July 10, 2007, the City of Renton made a claim on the First 16 Mercury Policy alleging the following facts: 17 2.5.1 That on or about May 11, 2007, National Subrogation Services, LLC, 18 tendered a subrogation claim to the City of Renton on behalf of Unigard Insurance Group. 19 Unigard Insurance Group allegedly paid an entity known as MCA Associates or MCA 20 Association ("MCA") for property damage incurred by MCA when sewage discharged into 21 storage lockers at 4546 NE Sunset Boulevard in the City of Renton, owned or occupied by 22 MCA on around November 21, 2006. 23 2.5.2 A report prepared by MDE, Inc. for MCA and for Sunset Highway Self 24 Store contains specifications for the removal of "black water" from the Sunset Highway Self 25 wrw COMPLAINT FOR DECLARATORY JUDGMENT-5 LEE•SMART 5138133 P.S.,Inc.•Pacific Northwest Law Offices 1800 One Convention Place.701 Pike Street•Seattle•WA•98101-3929 Tel. 206.624.7990• Toll Free 877.624.7990 Fax 206.624.5944 *4400 1 Store. The report states that "Black water" (also referred to as Category 3 water) is considered 2 contaminated and can contain human pathogenic, toxigenic or other harmful agents. 3 2.6 First Mercury is continuing to investigate the matters set forth in paragraphs 2.2 4 and 2.5 of this complaint, subject to a reservation of rights. 5 III. CAUSE OF ACTION 6 3.1 Based on the terms of the First Mercury Policy, First Mercury has no duty to 7 defend, indemnify, and/or pay on behalf of Sanders and/or the City of Renton the claims arising 8 out of the matters stated in paragraphs 2.1 through 2.5, supra, and all subparagraphs thereof, for 9 the following reasons: 10 3.1.1 The alleged damage is excluded from coverage under Endorsement CG 11 21 4901 96, entitled "Total Pollution Exclusion Endorsement." 12 3.1.2 The alleged damage is excluded from coverage under Endorsement 13 '' CVX-GL-1001A(09/2002), entitled "Exclusion-Mold, Fungi or Bacteria." 14 3.2 In the alternative, based on the terms of the First Mercury Policy, any duty of 15 First Mercury to defend, indemnify, and/or pay defend Sanders and/or the City of Renton the 16 claims arising out of the matters stated in paragraphs 2.1 through 2.5, supra, is limited and 17 qualified based on the above-stated provisions of the First Mercury Policy. 18 3.3 There is an actual case or controversy between the parties concerning First 19 Mercury's obligations to Sanders and to the City of Renton under the First Mercury Policy. 20 Accordingly, declaratory relief is appropriate pursuant to RCW 7.24.010 et seq. 21 3.4 First Mercury requests that this court enter a declaratory judgment concerning 22 its obligations to Sanders and to the City of Renton under the First Mercury_Policy. 23 IV. PRAYER FOR RELIEF 24 WHEREFORE, First Mercury prays for the following relief: 25 COMPLAINT FOR DECLARATORY JUDGMENT-6 LEE•S M A R T 5138133 P.S.,Inc.•Pacific Northwest Law Offices 1800 One Convention Place•701 Pike Street•Seattle•WA•98101-3929 Tel. 206.624.7990•Toll Free 877.624.7990• Fax 206.624.5944 Niro- 1 1. For declaratory judgment that no coverage exists under the First Mercury Policy 2 for claims made by Sunset Highway Self Storage, MCA, City of Renton, or other persons or 3 entities, against Sanders, arising out of the matters set forth in paragraph 2.1 et seq. of this 4 complaint; 5 2. For declaratory judgment that First Mercury has no duty to defend, or pay 6 Sanders' attorney fees, or costs, or litigation expenses to defend any suit brought against them 7 by Sunset Highway Self Storage, MCA, or other persons or entities, against Sanders, arising 8 out of the matters set forth in paragraph 2.1 et seq. of this complaint; 9 • 3. For declaratory judgment that no coverage exists under the First Mercury Policy 10 for claims made by Sunset Highway Self Storage, MCA, or other persons or entities, against 11 the City of Renton, arising out of the matters set forth in paragraph 2.1 et seq. of this complaint; 12 4. For declaratory judgment that First Mercury has no duty to defend, or pay City 13 °'' '' of Renton's attorney fees, or costs, or litigation expenses to defend any suit brought against 14 them by Sunset Highway Self Storage, MCA or other persons or entities, against the City of 15 Renton, arising out of the matters set forth in paragraph 2.1 et seq. of this complaint; 16 5. In the alternative, for declaratory judgment that determines the rights and duties 17 under the First Mercury Policy of all parties to this action; 18 6. For reasonable costs, disbursements, and other legal expense; and 19 7. For such other relief as the Court deems just and proper. 20 DATED this 24 day of September, 2007. 21 LEE SMART, P.S., INC. 22 23 By: 24 Jeffrey P. Downer, WSBA No.12625 Rosemary J. Moore, WSBA No. 28650 25 Of Attorneys for Plaintiff COMPLAINT FOR DECLARATORY JUDGMENT-7 LEE•S M A R T 5138133 P.S.,Inc.•Pacific Northwest Law Offices 1800 One Convention Place 701 Pike Street.Seattle•WA•98101-3929 Tel. 206.624.7990 Toll Free 877.624.7990 Fax 206.624.5944 FIRb r MERCURY INSURANCE COMPANi (A STOCK COMPANY) STATUTORY HOME OFFICE:ONE SOUTH WACKER DRIVE,SUITE 2740,CHICAGO,IL 60606 ADMINISTRATIVE OFFICE:29621 NORTHWESTERN HWY.,SOUTHFIELD,MI 48034 (OCCURRENCE POLICY) DECLARATION NAMED INSURED AND ADDRESS: POLICY NUMBER: FMFL001459 Sanders General Construction L.L.C. RENEWAL OF: FMFL000393 POLICY PERIOD: 01/06/2006 TO 01/06/2007 5188 NW Sammamish Rd. 12:01 A.M. STANDARD TIME AT THE ADDRESS Issaquah,WA 98027 OF THE NAMED INSURED AS STATED HEREIN. AUDIT PERIOD: Annual Audit THE NAMED INSURED IS: Corporation BUSINESS DESCRIPTION: See Schedule Attached'CVX-DEC-EX' LIMITS OF LIABILITY: COVERAGE IS PROVIDED ONLY IF A LIMIT IS SHOWN BELOW: General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $2,000,000 Each Occurrence Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Fire Damage Limit $50,000 Medical Payments Limit Excluded FORMS & ENDORSEMENTS ATTACHED TO THIS POLICY AT TIME OF ISSUE: See Attached Extension of Declarations, Form# CVX-DEC-EX TOTAL ADVANCE PREMIUM SUBJECT TO AUDIT PREMIUM $ 20,000.00 See CVX-GL-0800 Attached ADJUSTMENT IMPORTANT!Please carefully examine your policy as it may contain significant coverage modifications or exclusions. If this policy is a renewal,it may not contain the same precise terms and conditions as the prior policy NOTICE:IN ORDER TO PRESERVE YOUR RIGHTS UNDER THIS POLICY ALL CLAIMS MUST BE REPORTED IMMEDIATELY TO: Cover X Corporation P.O. Box 5096 Southfield,MI 48086 Phone:248-358-4010 Fax:248-357-5036 THE INSURANCE COMPANY IN WHICH THIS COVERAGE IS PLACED IS AUTHORIZED TO TRANSACT BUSINESS IN THE STATE WHERE THE PROPERTY AND/OR ASSURED IS LOCATED BUT THE COMPANY IS NOTA LICENSED CARRIER IN THAT STATE. THIS POLICY AND THE PREMIUM THEREON MUST BE PROPERLY DECLARED AS A SURPLUS LINES RISK TO THE INSURANCE DEPARTMENT OF THE STATE. PROPER FILINGS MUST BE MADE AND SURPLUS LINES TAXES PAID BY A SURPLUS LINES BROKER IN THE STATES. >k � DATE: 1/10/06 ZiP CVX-DEC-0030(7/96) Countersigned By: CITY OF RENTON COUNCIL AGENDA BILL AI JJ: F Submitting Data: Planning/Building/Public Works For Agenda of: October 15, 2007 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance Hoquiam Court Short Plat (LUA05-099). Resolution Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Hearing Examiner's Report Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated is a 26' wide strip of land, approximately 7,873 sq.ft. along the south side of the Hoquiam Court Short Plat, to be known as NE 8th St. NE 8th St. will connect Hoquiam Avenue N.E. on the west to an existing road in the Aspen Wood Plat on the east. This dedication is to comply with City of Renton code for new short plats and the Hoquiam Court Short Plat (LUA05-099). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. 41101 I:\PlanReview\COLSON\Shortplats 2007\Hoquiam Court SHPL 05m AGNBILL.doc • Return Address: i'"""' . City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 102305-9246 Project File#: LUA-05-099-SHPL Street Intersection: HOQUTAM AVE NE/NE 8TH ST. Reference Number(s)of Documents assigned or released:Additional reference numbers are on page . Grantor(s): Grantee(s): 1. BASIC VENTURES,INC. 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) A TWENTY SIX(26)FOOT WIDE PARCEL OF LAND FOR RIGHT-OF-WAY FOR 8TH AVENUE NE. ALL BEING LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10,TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M.,CITY OF RENTON,KING COUNTY, WASHINGTON. *reThe Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor s): Grantee(s): City of Renton aAI. , `:LL .�._ / I ec i4�/Y-e- .,,,L‘ Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )ss ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Armor deed Page I 4 INDIVIDUAL FORM OF ACKNOWLEDGMENT 411110 Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. w✓ Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING On this ri oof Se 2°% o� day t"e_vvtb e�'}RI ,before me personally appeared .1 e)-(-K i PrUSS to me known to 3. 41` be V Pr t 5 i aA t_ot 74` of the corporation that BONNIE M. BABCOCK executed the within instrument,and acknowledge the said instrument to be the free NOTARY PU ; IC and voluntary act and deed of said corporation,for the uses and purposes therein STATE OF WASHINGTON mentioned,and each on oath stated that he/she was authorized to execute said COMMISSION EXPIRES instrument and that the seal affixed is the corporate seal of said corporation. SEPTEMBER EMBER 22 , 2009 (4515-77,fra_t_ Notary Public in and for the State of Washington Notary(Print) r onh"2 11 Q,L2<,cx, My appointment expires: '-Z2_,—o 9 Dated: 9- 15"—0 7 NIS deed Page 2 1673-026 *we' DEDICATION AREA- HOQUTAM COURT SHORT PLAT LEGAL DESCRIPTION BEGINNING AT THE SOUTHWEST CORNER OF LOT 19 OF ASPENWOODS AS RECORDED IN VOLUME 237 OF PLATS, PAGES 91-94, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 88° 20' 03" WEST 286.45 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 23.16 FEET AND THROUGH A CENTRAL ANGLE OF 88° 27' 23" TO THE EAST RIGHT-OF-WAY MARGIN OF HOQUTAM AVENUE NE; THENCE SOUTH 00° 07' 20" WEST ALONG SAID MARGIN 40.61 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON; THENCE SOUTH 88° 20' 03 EAST ALONG SAID SOUTH LINE 301.06 FEET; THENCE NORTH 00° 06' 30" EAST 26.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT 19 AND POINT OF BEGINNING. ALL BEING SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. 1.1'' OF WA 6 1114 •.i64: . 0 1 1132o? a1\ r°A'AL LAS EXPIRES l l(3ofDg 'ilrr✓ Page 3 ) (FOUND REBAR AND CAP LS/I22333 crI S 68'20'03" E I 301.03' • • • • G — —15' W Z W 1 TL1023059246 Z Q � o HOUSE r FF —y, 475.69 • 3 S 88'20'03'E Q 2 ID I00.00' Q P W 3 Q 5 � 6 EX.BUILDIN S 8 P p g n TO BE REMOVED i i^ - O. 0 GARP GE 33'PRIVATE 3 r DRAINAGE EASEMENT 12 S SHED —' ` _el ID I I15'PUBLIC SIDEWALK Q —EASEMENT CARPORT 2.5'z S'WATER 8 ESM'T TO WATER r--5'WATER DISTRICT 10'UTILITY ESM'T 10'PRIVATE STORM A I '` DISTRICT 90 SIDEWALK TO WATER DISTRICT 90 r \ SEWER EASEMENT f [EASEMENT L (TYPICAL) So' — - - - - — _ _ I SHED ,,,T...„....$— 123.16 — — —. __ — —�— — r _. —..._ — - — — — — — — — __ R�l5.DO — — —_ — — — Am88'2Y23" 8 286.45 � T _8 — _ — S88.20'03"E NE 8TH ST _ 8 p: 4 8 16 S 88'20'03" E 26'PUBLIC ROAD 301.06' �� DEDICATION TO CITY OF RENTON '' "' 'T. CITY OF RENTON �_ !mow �eemzia•••••••••••••m, SHORT PLAT # LUA-05-099-SHPL of _NORTH- :` SIWPE g, HOQUIAM COURT pF WA ���;1 �''ti �°"�� SHORT PLAT = ._ _ A,� 'ry A' - I SW 1/4 OF THE NE 1/4 SEC. 10, TWN, 23 N., RGE 5 E., W.M. 0 10 20 40 • ` ; % / Baima & Holmberg Inc. SCALE 1" = 40' i - f ^ q\ � • ENGINEERS & SURVEYORS �� j332�,9� ••• • 100 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 (425) 392 - 0250 • e .54'W-AL LA119 •• ��i�EXPIRES I3a di ,�t PUBLIC ROAD DEDICATION- NE 8TH STREET Page 4 + irL.1V i Vit E7VVV9AII1 RrVtJ►(I SHORT PIAT + QUA— S}{pl I SHORT PLAT WD_ SW 1/4 OR THE NE 1/4 SEC. 10, TWN. 23 N., ROE S E., W.M. I ETON "• / I ra C---\ tgo IE.472.97(trO-L-N) ,' e a t ,o » " I Y, SCALE 1• • zo' 1(.47297?2 0L-0) 4'MME"VIZ .. ... . . . .. ,.• ,. �• F' `1 sura �•.AR ANO CM N. E / W2 Ow - , . \ I I 1 100.00 ® sea.;;;,yP i 1- 1. 0.02 30 o3' 50,02' 5•.02' •' ` Q 50.97' v Z�1 It' Zi 1 1 . fL 1023050341 r--- ----1 1-- ---- ---I I---- p 1 30, 6 3V I '! • \An. A It K.A7id1(12'CONc—N) 11t 20' 0.- HOUSE ,- FF 473.69 QIla _R rr•Y ® BR1IN 1. 5. Or 4 s K.471.N(1CCNC-3) '/1f� .' y%i%i "�'//, -. ,; - Oi VV II 1� Ex.„Rt�lt, i 5 6 e �+ 70 9C RRDI• ; n .C I '1` -7"2/.:. .x•7.11.:,.:-�`+r'r: OIJII OSI I 1 p DITCH y, r, rd i x_.. , .S P TOP � " • - .. 20 z� 0 _ I 8 246 J -- — --- �_ J _ 11 o � 20 IAN g A' 41) .. I :•••-1-71egallanns, Al'__ MintaintrAINVINIMINS19.227:4J1INNIMINIMMININI ii` Iav11 ,iL;I 1 1 1 ' — — - I� � Z�M�-0 a t•�.�_ .v , Hu,,.�,It�A�.... .,,,,,•• 1 . • la I:. �•�.a - if � � f 1 1 i 1 � ilVrt ,"'7 `1 -- - ------ ' 201.�Atl .,.ti .I 1(G ..4�. ' DITCH --------------- 3oi.a '.1 TOP /- KN71.7B \\ •j7r• ( .. ,., 31.PRIVATE L`` I , \ (1Yca1°-N) \__-------- I DRANAauwaNr K.471.911(TYCONCrt) $11.4601. LEGEND 81 NEAT PLAN )3 YARD UONT FiR TREE BUILDING SETBACKS RESIOOITIAL ED SRiOIE FAMILY C0 FOUND REBAR AND CM . ,� FRONT scrim( ❑ WA001 NETER O MAPiC MCC B 310E SETBACK ,•,, -1114 • eyr 'bI'l ito BAI0INEERS && HOLMBERC INC. DI WATER VALVE '1. l-.- FRUIT TREE 0 aux POLE ® REAR SETBACK HOQUIAM COURT yes :64 • 100 FRONT STREET000:2:111) ISSAOu M.WASNIN TON SURVEYORS 8027 m TELEPHONE PEDESTAL -g�TT i0- Awn TE0 SHORT PLAT . (2os) 302-OIaO F /A8, 101NI. 6Y OAIY JW NQ 1673-026 WY ANCHOR 370031 DRAIN ,�Il it .IEf 6/15/05 SMC N0.1673-026 EOOE Of ORAVEI mmrM�....—•uMN. CHRo.BYE SCALE NTS *or 2 of 2 artment of evenue WedlingtonStote REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) 0 Check box if partial sale of property If multiple owners,list percentage of ownership next to name. 1111 Name BASIC VENTURES INC n Name CITY OF RENTON a o w PLANNING/BUILDING/ PITBLTCWORKS DEPT. Mailing Address 18211 240TH AVE SE Mailing Address 1055 SOUTH GRADY WAY t7 city/state/zip MAPLE VALLEY, WA. 98038 w c7 City/State/Zip RENTON, WA. 98057 Phone No.(including area code)42S-437-3134 Phone No.(including area code)42 5-430-72'35 © Send all property tax correspondence to:m Same as Buyer/Grantee - List all real and personal property tax parcel account List assessed value(s) . numbers-check box if personal property Name 102305-9246 fl Mailing Address - n City/State/Zip ❑ Phone No.(including area code) 0 ® Street address of property: 810 HOQUTAM AVE NE This property is located in 0 unincorporated County OR within®city of RENTON 0 Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) THE SOUTH 138TH FEET OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON EXCEPT THE WEST 30 FEET THEREOF FOR ROAD, AS ESTABLISHED BY KING COUNTY COMMISSIONERS RECORDS VOLUME 40, PAGE 132. ®Enter Abstract Use Categories: 1 0 List all personal property(tangible and intangible)included,in selling price. (See back of last page for instructions) NONE YES NO If claiming an exemption,list WAC number and reason for exemption: Is this property exempt from property tax per chapter 0 rj 84.36 RCW(nonprofit organization)? WAC No.(Section/Subsection) 458-61-42O (B) YES111 NO Reason for exemption ROAD RIGHT—OF—WAY TO CITY OF RENTON Is this property designated as forest land per chapter 84.33 RCW? 0 pi Is this property classified as current use(open space,farm and 0 EL agricultural,or timber)land per chapter 84.34? Is this property receiving special valuation as historical property El ® Type of Document DEED OF DEDICATION per chapter 84.26 RCW? If any answers are yes,complete as instructed below. Date of Document SEPT. 25, 2007 (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Gross Selling Price $ 0 NEW OWNER(S):To continue the current designation as forest land or *Personal Property(deduct) $ classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Exemption Claimed(deduct) $ if the land transferred continues to qualify and will indicate by signing below. Taxable Selling Price $ If the land no longer qualifies or you do not wish to continue the designation Excise Tax:State $ or classification,it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale.(RCW Local $ 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact *Delinquent Interest: State $ your local county assessor for more information. Local $ This land ❑does 0 does not qualify for continuance. *Delinquent Penalty $ Subtotal $ DEPUTY ASSESSOR DATE (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *State Technology Fee $ NEW OWNER(S):To continue special valuation as historic property, *Affidavit Processing Fee $ sign(3)below.If the new owner(s)do not wish to continue,all Total Due $ �^ additional tax calculated pursuant to chapter 84.26 RCW,shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS PRITIT NAME I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's .g ' Ja 2.4.7 � Grantee or Grantee's Agent Name(print) �}AwtfcS R wu44 Name(print) Date&city of signing:JO—4-07 r'ssAce u414— Date&cityof signing: »g: Perjury:Perjury is a class C felony which is punishable by imprisonment in the state correctional institution fora maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1C)). REV 84 0001a(06/02/06) THIS SPACE-TREASURER'S USE ONLY COUNTY TREASURER APPROVALS: KING COUNTY CITY OF RENTON CITY OF RENTON DEPARTMENT OF ASSESSMENTS Examined and approved this _____ day of 20 Examined and approved this day of 20__ SHORT PLAT # LUA- -SHPL LND— Administrator, Planning/ Building/ Public Works Assessor CERTIFICATION Deputy Assessor -- Account Number 102305-9246 KNOW ALL MEN BY THESE PRESENTS that we, the undersigned owners in fee simple of the land herein described, do hereby make a short subdivision thereof and declare this map to be the graphic representation of same, and that said short subdivision Is made with the free consent HOQUAIM COURT and in accordance with the desire of the owners. 6 LOT SHORT PLAT IN WITNESS WHEREOF we hove set our hands. M a SW 1/4 OF THE NE 1/4 SEC. 10, TWN. 23N., R Basic Ventures, Inc. Name SE RENTON ISSAOHAH RD Executive House, Inc. Name State of Washington NE 10TH ST SE 116TH ST County of I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SITESIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO < < NE 6TH ST EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE a OF _ _ TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES i 7 _ AND PURPOSES MENTIONED IN THEIR INSTRUMENT. 7 ca 2 NE 4TH ST Signature of Notary Public Doted My appointment expires State of Washington VICINITY MAP s 110 County of SCALE N.T.S. S88'20'03'E 26 I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT _SIGNED THIS INSTRUMENT, ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE _ OF _ _ TO BE THE FREE AND U POSESND MEN11ONEDA INY ACT OF SUCH PARTY THEIR INSTRUMENT. LEGAL THE USES LEGAL DESCRIPTION Signature of Notary Public THE SOUTH 138 FEET OF THE WEST 1/2 OF THE Dated SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE My appointment expires NORTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, State of Washington RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; County of EXCEPT THE WEST 30 FEET THEREOF FOR ROAD, AS RESTRICTIONS I certify that I know or have satisfactory evidence that ESTABLISHED BY KING COUNTY COMMISSIONERS RECORDS 1. SUBJECT TO CITY OF RENTON ORD. NO. 436Z VOLUME 40, PAGE 132. TERMS AND CONDITIONS. signed this instrument and acknowledged It to be (his/her) free and voluntary act for the uses and purposes mentioned In the Instrument. BASIS OF BEARINGS 2. SUBJECT TO CITY OF RENTON ORD. NO. 4921, TERMS AND CONDITIONS. Signature of N 00'02'42" E BETWEEN THE MONUMENTS FOUND AT THE Notary Public EAST QUARTER AND THE NORTHEAST SECTION CORNER OF Dated SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. ) My appointment expires State of Washington DATUM NAVD88 CITY OF RENTON ) County of - -----.-----. -.---..-- _,.- RFN(`1-1 MARK Inc". AriATIAU Ac I'►A Mal 61 - V ° November 1, 2005 r � � .,x OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT/OWNER: Joe Pruss Basic Ventures, Inc 18211 240th Avenue SE Maple Valley, WA 98038 CONTACT: Tom Redding Baima&Holmberg, Inc. 100 Front Street S Issaquah, WA 98027 Hoquiam Court Short Plat LUA 05-099, SHPL-H LOCATION: 810 Hoquiam Avenue NE SUMMARY OF REQUEST: Hearing Examiner Short Plat approval for a six(6)lot subdivision of a 0.95-acre site. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to *800 conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on October 11, 2005. 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 October 18, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, October 18, 2005,at 9:02 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No.2: Neighborhood Detail Vicinity Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No.3: Preliminary Short Plat Exhibit No. 4: Preliminary Topography, Road, Utilities, Tree, Landscaping, Grading and Drainage Hoquiam Court Short Plat File No.: LUA-05-099, SHPL-H November 1, 2005 Page 2 Exhibit No. 5: Zoning Map Exhibit No. 6: Letter from City of Renton Public Works approving right-of-way width modification Exhibit No. 7: Overall circulation neap of area The hearing opened with a presentation of the staff report by Jennifer Henning, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located in the Residential- 8 zoning designation and is currently developed with an existing single-family residence and outbuildings. This site is located on the east side of Hoquiam. The area has been undergoing rapid growth and this is one of the last remaining parcels to be subdivided. Two of the proposed lots would face Hoquiam and the remaining four lots would take access via an extension of NE 8th Circle from the road stub in the approved plat of Aspen Woods. The existing home and outbuildings would be removed. NE 8th Circle would be dedicated and be 26-feet of right-of-way and would allow improvements to be constructed on the south side of the site and would connect into Aspen Woods. The slope on the site is a maximum of 8%. The approximately 25 trees existing on site would be removed as part of the development of the site. City standards do require some landscaping to be done on the new lots. The subject site is designated Residential Single Family(RSF)on the Comprehensive Plan Land Use Map. The proposed plat is consistent with the pertinent Comprehensive Plan policies. Each of the proposed lots exceeds 4,500 square feet, and the parcel is considered an infill development. The net density for the site is 7.75 dwelling units per acre which is consistent with the density allowed in the R-8 lool'" zone. Lot 2 would be considered a corner lot and as such would need to be 60-feet in width,the lot line needs to be shifted between Lots 1 and 2 to allow Lot 2 to achieve its appropriate 60-foot width. The proposed lots comply with arrangement and access requirements of the subdivision regulations. Each of the remaining lots satisfies the minimum lot area and dimension requirements of the R-8 zone after the realignment of Lots 1 and 2. The applicant proposed to provide drought-tolerant landscaping and trees within a 5-foot wide landscaping strip. Fire, Traffic and Park Mitigation Fees are to be imposed as condition of short plat approval. The site is located within the boundaries of the Renton School District. The School District has indicated that they can accommodate the additional students. The site slopes to the east at about 1%-8%. Onsite runoff sheet flows at approximately 5% to 10%east through the approved Aspen Woods subdivision. Little if any drainage runs onto the site from offsite areas. The proposal shall be designed to be in compliance with the 1998 King County Surface Water Manual, Level 2, for onsite water quality treatment and runoff detention. A drainage report was prepared and submitted by Baima & Holmberg at the time of application for a short plat. The required flow control and water quality will be provided with a combination Level 2 detention vault and a water quality vault. The applicant proposes a combined detention/water quality vault within an easement across the front(south side) of Lots 5 and 6. Water service is within the King County Water District No. 90. A certificate of water availability has been �„r provided. The extension and replacement of the 8"main on Hoquiam Avenue NE will be required, as well as Hoquiam Court Short Plat File No.: LUA-05-099, SHPL-H November 1, 2005 Page 3 10010 dedication of any required easements. There is a 16-inch water main and an 8-inch sewer main within Aberdeen Avenue NE. Shupe Holmberg, Baima& Holmberg, Inc., 100 Front Street S.,Issaquah, WA 98027 stated that they are in agreement with staff. The modification to Lots I and 2 is acceptable and will be corrected. The turning radius for Lot 2 will be accommodated. Joe Pruss, Basic Ventures, Inc., 18211 240th Avenue SE, Maple Valley, WA 98038 stated that they would like to incorporate the landscape requirements on the site plan at the time of final platting. Neil Watts, Director, Development Services Division stated that the Landscaping Code is fairly news and does have a variety of glitches that staff is aware of, unfortunately they have not been corrected as yet. The landscape plan is required for recording the short plat, however,the actual installation of the landscaping must be done before the final inspection of the homes. In regards to the street modifications,Aspen Woods is installing exactly the same right-of-way width and street dimensions as was approved for modification for this project. That will be 26-feet of right-of-way with 20-feet of pavement and curb, gutter and sidewalk along the north side. No parking will be allowed on either side of the street. For this project,the street modification will either be connected all the way through to Aspen Woods or a temporary turn-around will have to be provided subject to Fire Department approval. As to the turning radius off of Hoquiam,that will also need to be discussed with the Wedgewood 2 people for the south side of the new NE 8th Circle. This will be a standard street intersection,a public street. A public street allows for the enforcement of"no parking"requirements by the police department. A sidewalk will be provided on the north side of the street. This conceptual drainage plan was submitted under the 1998 Manual,the City Code still required the 1990 Manual, however, almost every project is required to adhere to the 1998 standard. All the projects in this area have been required to adhere to the 1998 Manual,Level 2. This project proposes that,but since they did not have to undergo SEPA that condition does not exist on the project. He would like to have the 1998 Manual listed as a condition of approval. The storm water system for this project has a detention vault, which is for both detention and water quality. It is partially located in the right-of-way, which is okay for Fire and City policies. The issue for the City of Renton is that it is to be privately owned and maintained by the owners of this small short plat. He would like to see a homeowner's association,which is somewhat unwarranted for a plat of this size, but it is an option or that there be a maintenance agreement of the six property owners for maintenance of this drainage facility. The joint maintenance agreement seems most likely. There is a school boundary issue that comes up between these plats. It appears that this plat is in Renton School District. They will check after the hearing, but will let us know which school district is actually affected by this plat. There are no water district development charges required for this project. Mr. Holmberg stated that regarding the drainage, they propose to provide Level 2 detention for the 1998 King County Manual that is consistent with the other developments in the area. A Joint Maintenance Agreement will be set up for the drainage facility and storm system. Hoquiam Court Short Plat File No.: LUA-05-099, SHPL-H November 1, 2005 Page 4 Mr. Pruss stated that they have done several vaults in the City all with small lot counts,they do have a joint maintenance agreement that has previously been used and approved. 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 9:58 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION • Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Joe Pruss, Basic Ventures, Inc., filed a request for an approval of a short 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 determined that the proposal is exempt from environmental review. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 810 Hoquiam Avenue NE. The subject site is located on the east side of Hoquiam just north of what will be NE 8th Circle. rrw 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single family uses,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). 8. The subject site was annexed to the City with the adoption of Ordinance 5017 enacted in November 2004. 9. The subject site is approximately 138 feet wide(north to south) by 301 feet deep. The parcel is approximately 0.95 acres or 41,549 square feet. 10. An existing home and outbuildings will be removed to accommodate redevelopment if the plat is approved. 11. The subject site slopes moderately downward to the east at between 1%and 8%. Stormwater sheet flows off the site in an easterly direction. 12. Trees, approximately 25, would be removed to accommodate building pads and roads. Code requires the planting of street trees and landscaping along the roadway. 13. The six lots would be generally aligned west to east although Proposed Lots 1 and 2 would both face Hoquiam. The remaining lots, Proposed Lots 3 to 6, would be aligned along the north side of a new public street and take access from the new street. w Hoquiam Court Short Plat File No.: LUA-05-099, SHPL-H November 1, 2005 Page 5 14. Proposed Lot 2 at the northeast corner of the intersection of Hoquiam and the new Publicroad is a corner lot. Its lot width did not reflect the code requirements for a corner lot in that it was designated at 56 feet wide whereas 60 feet is required. The applicant indicated that Proposed Lot 1 could be narrowed allowing Lot 2 to meet code. 15. The new street would be NE 8th Circle. It would extend from Hoquiam on the west to an existing stub road in the Aspen Wood plat east of the subject site. That road in Aspen Woods was originally an easement but the City required it be a public roadway. It will now be connected through to Hoquiam. It will be a 26-foot wide right-of-way with 20 feet of pavement. 16. The density for the plat would be 7.75 dwelling units per acre after subtracting 7,827 square feet for roadways. 17. The subject site is located within the Renton School District. The project is expected to generate approximately 2 school age children. These students would be spread across the grades and would be assigned on a space available basis. 18. The development will increase traffic approximately 60 trips for the six homes. Approximately ten percent of the trips, or approximately 6 additional peak hour trips will be generated in the morning and evening. 19. Stormwater will be handled by a detention system constructed in the front of Proposed Lots 5 and 6 in an easement for that purpose. It would provide both detention and water quality treatment and meet King County's 1998 manual, Level 2 requirements. 20. Sewer would be provided by the City but will be dependent on a line constructed as part of the Aspen Woods project east of the site. 21. Water would be provided by Water District 90. A certificate of availability was provided. 22. The City has adopted mitigation fees for transportation improvements, fire services and parks and recreational needs based on an analysis of the needs and costs. These fees are applied to new development to help offset the impacts new homes and residents have on the existing community and the additional demand for services. CONCLUSIONS: 1. The proposed short plat appears to serve the public use and interest. The proposal creates six rectangular lots that meet or can meet code requirements for lot width and lot area. The lots all have regular, right angle property lines. 2. The proposal creates additional R-8 detached single-family housing choices for residents in an area with urban services. 3. New plats are required, by State regulations,to make provision for the impacts of its new homes and future residents. The new homes proposed for this plat should not overtax the City's infrastructure but the applicant should help accommodate new residents and their demand for services by paying the appropriate fees for parks, fire and transportation. Hoquiam Court Short Plat File No.: LUA-05-099, SHPL-H November 1, 2005 Page 6 ' 4. The applicant shall have to modify the originally proposed widths for Proposed Lots 1 and 2 to accommodate Lot 2's corner lot status. The lot width for Proposed Lot 2 shall be not less than 60 feet wide. 5. The applicant will have to submit the dedication for the new street to the City Council. In regard to roads, the link through Aspen Woods shall be required prior to final occupancy of this plat. 6. In conclusion, the Proposed Short Plat appears to blend harmoniously with its surroundings while allowing infill development in a growing area of the City. DECISION: The Six-Lot Short Plat is approved subject to the following conditions: 1. The applicant shall dedicate a 26-foot strip along the south property line of the site as right-of-way for NE 8th Circle prior to short plat recording. 2. The applicant shall comply with all requirements and conditions stipulated in the letter from the City's Public Works Department, dated October 7,2005 regarding the approved right-of-way width modification request for NE 8th Circle. 3. The public roadway link through Aspen Woods,or turnaround, shall be required prior to final occupancy of this plat. Afore 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per new average daily trip attributed to the project prior to the recording of the final plat. 5. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 for each new single-family residence prior to the recording of the final plat. 6. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. 7. The lot width for Proposed Lot 2 shall be not less than 60 feet wide. 8. The plat shall comply with the 1998 King County Stormwater Manual, Level 2 controls. 9. A Joint Maintenance Agreement shall be set up for the drainage and storm system facilities. ORDERED THIS 1st day of November 2005 FRED J.KAUF N HEARING EXA INER TRANSMITTED THIS 15t day of November 2005 to the parties of record: 4orrw Hoquiam Court Short Plat File No.: LUA-05-099, SHPL-H November 1, 2005 Page 7 Jennifer Henning Neil Watts Joe Pruss 1055 S Grady Way 1055 S Grady Way Basic Ventures,Inc Renton, WA 98055 Renton, WA 98055 18211 240`''Avenue SE Maple Valley, WA 98038 Shupe Holmberg Baima& Holmberg, Inc. 100 Front Street S Issaquah, WA 98027 TRANSMITTED THIS 1 S`day of November 2005 to the following: Mayor Kathy Keolker-Wheeler Stan Engler, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian,Council Liaison Planning Commission Larry Warren, City Attorney Transportation Division Gregg Zimmerman, PBPW Administrator 'Utilities Division Alex Pietsch, Economic Development Neil Watts, Development Services Jennifer Henning, Development Services Janet Conklin, Development Services Stacy Tucker, Development Services King County Journal 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.,November 15,2005. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant,and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,November 15,2005. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. D6 . 3T23NR5E E1/2 R--8 - tel 1 ` SE 12th Pl. s ce 7-74—r I e r__________ - -.. SE 113th Q, . ..._..,.__,5, ._ c----', ; s II :=- _= R-g ---- --- - -- 5.-/->: - V -1Cth St. 1 ice_:.._: -----= -- R-8 Rte$ ____ - -- 8 w -1-�---- ----- SE 117th SE 118th St. - • rn '-Y 8- ----I . ; N --- -1---- d .w b :-_' - SiTE • , H ouq �0.sn Shoo P lad M WA-05-OA9 (4 Elk_____ H ! vow o SE 121st St. --h---------- , ...:Cjj:i.---------------- —I w a) - - - RM-F 0 4. -- - ---� = . . SE 124th D7_,.0./4-:„..,:.,4, �'; R-.-�; ✓-- --+ ---L__, 1 -- Q 1 -4het. w - -4-,j R� i d _4 M ! : i ---3 '' F--- - CA ` Q ? . -- • .. - -- -- , f-- 11-1% : + ' th..-6tR-4 - --R-44it - . E !1R-14 i .. 4 jj i p { fes! ce -_t ` 4 ` i +rr' a ! R ; 8 l N' --_-1- " -fir F6 - 15 T23N R5E E 1/2 v 6 �Y EZONING --Renton �>,umito 4 ` ) �° paaw TECHIiICAL SHRVICE9 -- � + 10 T23N R5E E 1/2 5310 • CITY OF RENTON COUNCIL AGENDA BILL AI#: 1. g. . Submitting Data: For Agenda of: Dept/Div/BoardEconomic Development, October 15, 2007 Neighborhoods, and Strategic Planning Staff Contact Don Erickson, x-6581 Agenda Status Consent X Subject: Public Hearing.. Marshall Proposed Annexation- Effectuation and Correspondence.. zoning ordinances Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Boundary Review Board Closing Letter Information Ordinances Recommended Action: Approvals: Council concur to set a public hearing date for Legal Dept X November 5, 2007 Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment kikorAmount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: Council accepted the 60% Petition to Annex in June 2007, and at that time, authorized staff to forward the Notice of Intent package to the Boundary Review Board for King County (BRB). In September, the City received the closing letter from the BRB with an effective approval date of September 26, 2007. The proposed 7.6-acre Marshall Annexation site is located west of 138th Avenue SE (Duvall Avenue NE), and north of NE Sunset Boulevard. State law requires the Council to hold at least two public hearings to consider future zoning for the subject site if it decides to accept the annexation and rezone it consistent with the City's Comprehensive Plan. The first of these public hearings was held on June 18, 2006. At that time, the Administration recommended R-8 zoning, consistent with the Comprehensive Plan's Land Use Map designation. This last year, there was a City initiated CPA for a portion of this site. The request to redesignate properties fronting on SE 138th Avenue SE (Duvall Ave NE) has been recommended for denial by the Planning Commission. The Council is also being asked to accept and approve this annexation by adopting the effectuation ordinance and concurrently rezoning the non-street portions of the site R-8. STAFF RECOMMENDATION: Set November 5, 2007, for a public hearing to consider effectuating the Marshall Annexation and concurrently rezoning the site R-8. EDNSP/PAA/Annexations/Marshall Annexation/agnbill/de ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: October 3, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Alex Pietsch, Administrator STAFF CONTACT: Don Erickson, Senior Planner(x6581) SUBJECT: Marshall Annexation - Second Public Hearing on Zoning and Effectuation of Annexation ISSUE: • Should the City Council effectuate the Marshall Annexation now that the Boundary Review Board for King County (BRB) has completed their review and issued their low closing letter? • If Council decides to effectuate this annexation, should it concurrently rezone the annexation area R-8 consistent with the existing Comprehensive Plan Residential Low Density (RLD) land use designation? RECOMMENDATION: The Administration recommends that Council: • Adopt an ordinance effectuating the annexation of the 7.6-acre Marshall Annexation site west of 138th Avenue SE, south of NE 18th Place, if extended, and east of Anacortes Avenue NE, if extended; and • Adopt an ordinance concurrently rezoning the non-street portions of the annexation site R-8, eight units per net acre, consistent with the Comprehensive Plan Residential Single Family (RS) land use designation. BACKGROUND SUMMARY: At its June 18, 2006, public meeting, Council accepted the 60% Direct Petition to Annex for this annexation and authorized the Administration to forward the Notice of 'No'' Intent package to the BRB for their mandatory 45-day review. The Board approved h:\ednsp\paa\annexations\marshall\final issue paper.doc Toni Nelson,Council President October 2,2007 Page 2 of 2 this annexation effective September 26, 2007, finding it consistent with their objectives and criteria. Pursuant to State law, the City is required to hold two public hearings on future zoning. At its June 18, 2006, public meeting, Council also considered future zoning for the non-street portions of this 7.6-acre site, including the possibility of R-8 zoning. This second public hearing, which is now being scheduled, is to allow Council to finalize its recommendations regarding future zoning, if it decides to now effectuate this annexation. Staff is recommending that the non-street portions of the 7.6-acre site be zoned R-8 consistent with the RLD land use designation shown on the Comprehensive Plan Land Use Map for this area. Whereas as many as 25 additional single-family detached dwelling units could be built on the existing 7.6-acre site if it were to completely redevelop, this is unlikely because the area is completely built-out on larger lots. As a result, staff's fiscal analysis for this annexation indicated that upon annexation, there would a slight deficit for the City. Unless the area redevelops in the near future, the City could anticipate an on-going deficit of$4,950, in 2007 dollars. There is also an anticipated one-time cost of developing new recreational facilities to accommodate the existing residents. This is an estimated $29,000. A City sponsored Comp Plan Amendment (CPA) request was also processed this last year that would have redesignated properties within the annexation site fronting on 138th `' Avenue SE Commercial Corridor (CC) or Commercial Neighborhood (CN). After review and analysis, staff recommended against this CPA because it was felt to be untimely with the pending annexation and planned widening of 138th Avenue SE (Duvall Avenue NE). CONCLUSION: The proposed Marshall Annexation has now been approved by the BRB. The City has held the first of two required public hearings on zoning in June 2006 and will hopefully hold the second on November 12, 2007, to further consider zoning and decide whether to now effectuate this 7.6-acre annexation. City staff have reviewed this annexation and voiced no objections or indicated major obstacles to providing services to it. Because this small island of unincorporated King County has not developed to City standards and its housing stock is older, it will cost the City approximately $5,000 more a year than it receives in revenues to serve this area. The Community Services Department indicated a deficiency in park space and estimated a one-time parks acquisition and improvement cost of$25,530 to maintain the City's citywide parks and recreation standards. h:\ednsp\paa\annexations\marshal]\final issue paper.doc Toni Nelson,Council President October 2,2007 Page 3 of 2 Based upon the above and the previously submitted analysis, staff concludes that the proposed Marshall Annexation would further the City's business goals, be consistent with its Comprehensive Plan, and be in the general welfare and interest of the City. Norre w h:\ednsp\paa\annexations\marshall\final issue paper.doc 4.1 Washington State Boundary Review Board 9-4v For King County Yesler Building,Room 462,400 Yesler Way, Seattle, WA 98104 Phone: (206)296-6800 • Fax: (206)296-6803 • http://www.metrokc.gov/annexations September 26, 2007 City of Renton Attn: Don Erickson, AICP Senior Planner 1055 South Grady Way Renton, WA 98057 RE: CLOSING LETTER FOR COMPLETED ACTION - File No. 2268 - City of Renton - Marshall Annexation Dear Mr. Erickson: We are writing to advise you that the Boundary Review Board has now completed the required Evaluation, as specified in RCW 36.93, for the above-referenced proposed action filed with the , Board effective: August 14, 2007. The Boundary Review Board also provided a 45-day public review period August 14 - September 26, 2007, as prescribed by RCW 36.93. The Board received no request for a public hearing of this proposed action during the public review period. The Boundary Review Board, therefore, hereby deems this proposed action approved effective: September 26, 2007. Final approval of the proposed action is also subject to the following actions, where applicable: 1. Sewer and Water District actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 2. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 3. Filing with King County of permit application(s), as required, accompanied by a copy of this letter. 4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of Intention. Page two continued, September 26, 2007 Form 13 law 5. Notification in writing of your intended effective date of annexation. This notification should be provided as early as possible. Please send this information to Elissa Benson, Bank of America Tower, King County Office of Management and Budget, 701 Fifth Avenue, Suite 3200, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of final resolution or ordinance accomplishing this proposed action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would like additional information, please contact our office at 206-296- 6800. Sincerely, Lenora Blauman 'wipe Executive Secretary cc: City of Renton, Attn: Marty Wine, Assistant Chief of Administration Anne Noris, Clerk of the Council Dave Wilson, Records and Elections Division Debra Clark, Department of Assessment Lydia Reynolds-Jones, Manager, Project Support Services King County "911" Program Paul Reitenbach, Department of Development & Environmental Services Elissa Benson, Office of Management and Budget CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (MARSHALL ANNEXATION; FILE NO. A-06-001) WHEREAS, under the provisions of RCW 35A.14.120 as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about March 20, 2007; and WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120, and upon public hearing thereon, it having been determined and the petitioning owners having agreed to assume the pre-existing outstanding indebtedness of the City of Renton as it pertains to the '4•00 territory petitioned to be annexed; and to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments examined and verified the signatures on the petition for annexation and determined signatures representasessed value, as provided by law, in excess of sixty percent(60%) of the area's total assessed value; and WHEREAS, the City Council, after due notice and publication, held a public hearing on the 60% Direct Petition and possible future zoning for the 7.6-acre annexation site on June 18, 2007, and at that time accepted the 60% Direct Petition and authorized the sending of the "Notice of Intention" to the Boundary Review Board for King County; and **4010 1 ORDINANCE NO. WHEREAS, the Economic Development, Neighborhoods and Strategic Planning Nr.r Department of the City of Renton having considered and recommended the annexing of said annexation area to the City of Renton; and WHEREAS, the City Council fixed June18, 2007, and November 5, 2007, as the time and place for public hearings in the City Council Chambers, City Hall, Renton, Washington, upon the area and future zoning for it, and notice thereof having been given as provided by law; and WHEREAS, pursuant to said notices public hearings having been held at the time and place specified in the notices, and the Council having considered all matters in connection with the annexation and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of NW, Intention" for the 7.6-acre annexation site approved, as set forth in its closing letter issued on September 26, 2007; and WHEREAS, the City of Renton is proposing prezoning the annexation site R-8; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140 and 150, have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of w 2 ORDINANCE NO. Renton, effective30-days after publication of this ordinance. Said property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 7.6 acres, is generally located in the northeast portion of the City of Renton and is located between Anacortes Avenue NE, if extended on the west and 132" Avenue SE on the east, and NE 18th Place, if extended on the north;]as shown on Exhibit"A".] and the owners-petitioners of the property shall assume the pre-existing outstanding indebtedness of the City of Renton as prescribed in RCW 35A.14.120 as it pertains to the property, and the property to be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty(30) days after its publication. A certified copy of this Ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: .4.400 3 ORDINANCE NO. Lawrence J. Warren, City Attorney Date of Publication: ORD.: Now Noe 4 CITY OF RENTON, WASHINGTON ORDINANCE NO, AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL 4 DU PER ACRE, KING COUNTY ZONING) TO R-8 (RESIDENTIAL 8 DU/AC; EIGHT DWELLING UNITS PER NET ACRE) (MARSHALL ANNEXATION; FILE NO. A-06-001). WHEREAS, under Section 4.2.020 of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, property owners within the original annexation area petitioned the City of Renton for annexation and concurrent rezoning; vged WHEREAS, the City having held two public hearings to consider zoning for the expanded area, said expanded annexation having previously been approved and the property annexed to the City of Renton, the first hearing on zoning being held on June 18, 2007, and the second hearing being held on November 5, 2007, and said zoning being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. The following described property in the City of Renton is hereby zoned to R-8 as hereinbelow specified. The annual ordinance adopting the maps of the City's Zoning Ordinance is hereby amended to evidence said rezoning and the EDNSP Administrator is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 7.6 acres, is located in the northeast portion of the City of Renton and is located between Anacortes Avenue NE, if extended on the west and 132nd Avenue SE on the east, and NE 18th Place, if extended on the north;] SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. PASSED BY THE CITY COUNCIL this day of , 2007. New Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Approved as to form: Kathy Wheeler, Mayor Lawrence J. Warren, City Attorney Date of Publication: ORD. :10/ /07: 2 '1 CITY OF RENTON COUNCIL AGENDA BILL Al#: • A . I Submitting Data: For Agenda of: Dept/Div/Board.. Finance&IS Department October 15, 2007 Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Correspondence.. Temporary Finance Analyst Position Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated ‘00' Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Finance Division requests authorization to temporarily fill a half time Finance Analyst position with a full-time employee until March 31, 2008. There is no budget impact. STAFF RECOMMENDATION: Authorize temporarily filling a half time Finance Analyst position with a full time employee until March 31,2008. kihme H:\FINANCE\ADMINSUP\Ol_AgendaBills\2007_ag_Temp Finance Analyst position.doc FINANCE AND INFORMATION SERVICES ® ♦ DEPARTMENT MEMORANDUM DATE: October 5, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayorac FROM: Mike Bailey, Administrator STAFF CONTACT: Linda Parks, Fiscal Services Director, ext. 6929 SUBJECT: Temporary Finance Analyst Position Authorization ISSUE Shall the Finance Division be authorized to temporarily fill a half time (0.50)Finance Analyst position a full time basis until March 31, 2008? No additional budget authority is necessary. ate, BACKGROUND The budget and accounting section of Finance has a vacant half time Finance Analyst (FA)position and will be down an additional full time FA position in December 2007. The employee that occupied the vacant half time FA position was promoted to Finance Analyst Supervisor, effective October 1, 2007. A full time Finance Analyst will begin FML leave in December and has asked to return to the vacant half time position in March 2008. In the interim, she wishes to remain full time until March in order to maintain full medical benefits. Finance proposes moving the Finance Analyst leaving on FML into the currently vacant half time FA position as a full-time employee on a temporary basis. Finance can then promote or hire a new 1.0 FTE Finance Analyst into that FA's current FTE position. The filling of the half time position on a full-time basis until March 2008 will not cause the City to exceed the total authorized positions. Sufficient funds are available in the budget. RECOMMENDATION Approve the Finance Division's request to temporarily fill a half time (0.50) Finance Analyst position with a full time employee until March 31, 2008. MEB/LP/dlf cc: Jay Covington,CAO Marty Wine,Assistant CAO Mike Webby,HR&RM Administrator Eileen Flott,Human Resources Manager Nancy Violante,Finance Analyst Supervisor h:\finance\adminsup\02_issuepapers_memos to council or mayor\2007_temporary half time position.doc CITY OF RENTON COUNCIL AGENDA BILL ' Vtise ( AI A`: 1 . 1 . j Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division October 15, 2007 Staff Contact James Wilhoit, x7319 Agenda Status Consent X Subject: Public Hearing.. Duvall Avenue NE Widening Project Correspondence.. Contract CAG 03-131 Ordinance Berger/Abam Engineers, Inc. Resolution Supplemental Agreement#7 Old Business Exhibits: New Business X Issue Paper Study Sessions Supplemental Agreement#7 Information Recommended Action: Approvals: Legal Dept X Refer to Transportation/Aviation Committee Finance Dept Risk Management X Fiscal Impact: (317.12123) Expenditure Required.. $ 386,000 Transfer/Amendment $ -0- Amount Budgeted $3,266,000 Revenue Generated Total Project Budget $8,269,435 (2002-2008) City Share Total Project.. SUMMARY OF ACTION: This supplemental agreement provides for the design work ($260,000) and right-of-way support services ($24,000) needed to complete the plans, specifications and estimate (PS&E) for the Duvall Avenue NE Project, as well as construction support services ($102,000). The final PS&E will be completed in October 2007. This supplemental agreement also extends the completion date from July 31, 2007 to April 30, 2008. The supplemental agreement is for $386,000. The 2007 budget for the project is $3,266,000. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement#7 with Berger/Abam, Engineers, Inc. in the amount of$386,000, extending the completion date from April 30, 2007 to April 30, 2008. H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\jwilhoit\duvall\partners\design\supp7\Duval Design Supp 7 Agenda Bill.doc `SY O PLANNINGBUILDING/ • «=, , PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: October 15, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor 6 FROM: Gregg Zimmerman, Administrator 0 ife STAFF CONTACT: Bob Hanson, Transportation Design Supervisor (x7223) James Wilhoit, Transportation Design Project Manager (x7319) SUBJECT: Duvall Avenue NE Widening Project, Contract CAG 03-131 Berger/Abam Engineers, Inc., Supplemental Agreement#7 ISSUE: Should the Mayor and City Clerk execute proposed Supplemental Agreement#7 to modify the existing agreement with Berger/Abam Engineers, Inc. to provide additional design services not New originally part of the scope of work and extend the completion date from April 30, 2007 to April 30, 2008, increasing the contract cost for project design by $386,000 from $1,243,042, to a new total of$1,629,042? RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement #7 with Berger/Abam Engineers, Inc. in the amount of$386,000, extending the completion date from April 30, 2007 to April 30, 2008. BACKGROUND: On August 6, 2003, following approval by the Renton City Council, Contract No. CAG 03-131 with Berger/Abam Engineers, Inc. for$744,500 was executed for design services for the Duvall Avenue NE Widening Project. Design of this project was programmed in the approved TIP for 2003 and 2004 and construction programmed for 2005-2006. On January 30, 2004, Supplemental Agreement#1 was executed for additional survey work needed on the project, increasing the contract cost by $3,742, from $744,500,to a new total of$748,242. On October 4, 2004, Supplemental Agreement#2 was executed, extending the completion date from October 31, 2004 to July 31, 2005, with no change to the contract cost. On January 20, 2005, Supplemental Agreement#3 was executed to prepare alternative proposals for landscaping additions for the City to review and evaluate to determine if they should be added to the scope Toni Nelson,Council President Members of the Renton City Council Page 2 of 2 October 15,2007 '4410 of the construction project, increasing the contract cost by $10,000 from $748,242,to a new total of$758,242. Subsequently, the Water Utility made a decision to replace an existing 8- inch cast iron water line with a new 12-inch water line in order to serve future needs, and to install a 185-foot section of 12-inch water line to replace an old and leaking 2-inch galvanized line serving five water customers. It was determined that it would be the most cost-effective and least disruptive to affected residents and traffic for this work to be done as part of the roadway improvements construction contract. Accordingly, on March 4, 2005, Supplemental Agreement#4 was executed for preparing waterline modifications, increasing the contract cost by $2,800, from $758,242, to a new total of$761,042. On July 22, 2005, Supplemental Agreement#5 was executed, extending the completion date from July 31, 2005,to July 31, 2006, with no change to the contract cost. On December 19, 2006, Supplemental Agreement#6 was executed for additional design work that was determined to be necessary and assumed at time of execution to be sufficient to complete the design, increasing the contract cost for project design by $482,000 from $761,042, to a new total of$1,243,042 and extending the completion date from July 31, 2006 to April 30, 2007. Since the time of the last supplement, it has become necessary to add the following items to the scope of work for this design agreement, for the reasons given, in order to complete the design for this project: 1. Additional Project Management/Administration from May 2007 to January 2008 (nine months): Additional work items and design changes have extended the project completion date from April 30, 2007 to January 31, 2008. Estimated bid date for the project is October/November 2007. Estimated bid opening is mid-January 2008. Estimated Notice to Proceed(NTP) to the construction contractor is March 1, 2008. This work item is for additional efforts during these nine months to develop and submit invoices, direct project efforts, and to attend meetings. $ 69,000 2. Evaluate cost impacts on road closure during construction: The current estimated construction cost exceeds the current budget. To reduce the estimated construction cost, means to reduce this cost where evaluated. Closing the road during construction could improve contractor efficiency and reduce his total construction duration. However, maintenance of school bus traffic will reduce previous estimated cost reductions. This additional work is for previous efforts and efforts to continue this cost reduction evaluation. $ 19,000 h:\division.s\transpor.tat\design.engljwilhoit\duvall\partners\design\supp7\duvaldesi gnsupp7.doc Toni Nelson,Council President Members of the Renton City Council Page 3 of 3 October 15,2007 Nine 3. Water quality vault relocation: The location of the water quality vault has been moved from SE 107th Place to Duvall Avenue NE to preclude the acquisition of a permit from King County. This item is the additional storm drainage work associated with this move. $ 27,000 4. Traffic signal relocation: The previously designed pedestrian signal between NE 21st Street and NE 23rd Street has been moved to NE 21st Street and will become a vehicle and pedestrian signal. This work involves the coordination, redesign, and warranting of this traffic signal. A subconsultant to Berger/Abam Engineers, Inc. will perform the redesign effort. Documents to support the warrant analysis of this traffic signal have been developed. $ 23,000 5. Additional mailbox relocation support and design: Mailboxes have continuously been moved and moved again to facilitate current (new)U.S. Postal Service (USPS) requirements. This work is the additional effort to support final positioning of mailboxes along the corridor. $ 0 Now 6. Utility potholing, survey to support potholing, and additional utility coordination (40 locations): Additional efforts were made to identify all possible utility conflicts along the project and to work with utility owners to determine which possible conflicts would be potholed to better define the conflict. This is a new scope to our agreement. The relocation of the water quality vault into Duvall Avenue NE added to this effort. This effort includes potholing and survey support to define the discovered utility. 40 utility pothole locations are assumed. $ 48,000 7. Additional right-of-way (ROW) support(Berger/Abam Engineers, Inc. in-house): Additional ROW permissions are required to construct the project. Most of these permissions involve obtaining license to construct agreements. Additional efforts have been made to support the City of Renton efforts in identifying these additional ROW needs. $ 11,000 8. Additional efforts at the north water quality pond, access road, and addition of a cul-de-sac: Additional efforts have been made to finalize the configuration of the pond access road to meet maintenance requirements and to meet USPS mailbox *w h:\di vi s ion.s\transpor.tat\desi gn.en g\j wi Ihoi t\duval l\partners\des i gn\supp7\duvaldes ign supp7.doc Toni Nelson,Council President Members of the Renton City Council Page 4 of 4 October 15,2007 location requirements. Additional efforts are also made to evaluate the adequacy of the pond size due to the added impervious surface of the cul-de-sac. $ 18,000 9. Additional landscaping efforts: Revisions to the pond access road configuration will require revisions to previously completed landscape plans. This work involves coordination and production of this additional work by a landscaping subconsultant to Berger/Abam Engineers, Inc. $ 9,000 10. Additional ROW services (real estate services subconsultant): This additional work is an allowance for any additional coordination with ROW acquisitions services that will be performed by Berger/Abam Engineers, Inc.'s real estate services subconsultant. $ 13,000 11. Additional illumination revisions: This additional work involves relocating luminaires that were located per City of Renton direction and WSDOT standards to revised locations as directed by the City. A subconsultant will do illumination design revisions to "toe Berger/Abam Engineers, Inc. $ 17,000 12. Additional construction time and sequence estimates: Developing construction time estimates and sequence planning is additional to our scope of work. These additional efforts will be developed to better plan the project, especially with the shorter construction duration associated with the road closure. $ 22,000 13. Additional permitting support: Delays and changes in the project have required that SEPA documentation be updated and revised. This work item is to coordinate and support development of the SEPA addendum for submittal. The addendum will document the project revisions and summarize the results of the public outreach. Berger/Abam Engineers, Inc. and its environmental subconsultant will develop the addendum in coordination with City staff. $ 8,000 h:\division.s\transpor.tat\deli gn.eng\jwilhoit\duvall\partners\design\supp7\duval design supp7.doc Toni Nelson,Council President Members of the Renton City Council Page 5 of 5 October 15,2007 lour 14. Construction Support Services (CSS) (to be included in construction engineering and administration costs): Attend site meetings/conduct site visits (assume 30 person meetings and visits for BA; assume 30 person meetings and visits for subconsultants). Review submittals (assume 20 submittals). Respond to requests for information(assume 50). Assist City with change orders (assume four). Develop record drawings from City supplied information. Provide administration and management for CSS $ 102,000 Total estimated additional fee: $ 386,000 It has become clear that with these necessary additions to the scope or work, the design could not be completed by the completion date of July 31, 2007, and another time extension is needed. The Transportation Systems Design Section is requesting an increase in the Berger/Abam Engineers, Inc. design agreement. The amount of$386,000 is the breakdown of the budget and projected preconstruction engineering, administration, and right-of-way(ROW) expenditures. Duvall Widening Spent to Projected $ Supplemental Projected Date Remaining Agreement#7 Total Preconstruction& Engineering (Design) $ 977,547 $ 107,684 $ 260,000 $ 1,345,231 Right-of-way $ 138,247 $ 16,764 $ 24,000 $ 179,011 Construction Engineering & Administration Costs $ -0- $ -0- $102,000 $ 102,000 Water Main Additions Design Costs (Water Utility funds) $ -0- $2,800 $ -0- $ 2,800 Grand Total: $1,115,794* $127,248* $386,000 $1,629,042 * Note that the design agreement"Spent to Date"costs plus the "Projected Remaining" costs equal $1,243,042, the current design agreement amount. Attachments: CAG 03-131 Supplemental Agreement No. 7 cc: Peter Hahn,Deputy PBPW Administrator—Transportation Bob Hanson,Transportation Design Supervisor James P. Wilhoit,Transportation Design Project Manager File Niue h:\di vi cion.s\transpor.tat\deli gn.en g\jwi I hoi t\duval I\partners\design\s upp7\duvaldesi gn supp7.doc Supplemental Agreement No. 7 Contract Number Organization and Address CAG-03-131 BERGER/ABAM Engineers Inc. 33301 Ninth Avenue South, Suite 300 Federal Way,WA 98003 Project Number Phone FAPWT-04-032 206/431-2300 Project Title New Maximum Amount Payable Duvall Avenue NE $ 1,629,042 SR 900 to Renton City Limits Description of Work Supplement No. 7 addresses 1. Additional Project Management/Adminsitration from 30 April to 31 December 2007 2. Evaluation of project cost impacts to closing the road(except local traffic and school bus traffic) during construction. 3. Relocate water quality vaults from SE 107th Place to Duvall Ave NE 4. Relocate/revise mid-block pedestrian signal to traffic signal. 5. NOT USED 6. Pothole select utility conflicts. 7. Additional R/W support 8. Reconfigure/realign intersection at SE 95th Way and access to north pond and residences to provide for mail delvery and pond maintenance. 9. Revise landscape plans to accommodate reconfiguration/realignment of intersection at SE 95th Way. 10. Allowance for additional R/W services by CLS 11. Revise illumination design. 12. Provide a construction schedule. 13. Develop an addendum to the SEPA checklist. 14. Allowance for construction support services from January 2008 to October 2008. The Local Agency of City of Renton desires to supplement the agreement entered into with BERGER/ABAM Engineers Inc. and executed on 6 August 2003 and identified as Contract No. CAG-03-151. All provisions in the basic agreement remain in effect except as expressly modified by this or other approved supplements. The changes to the agreement are described as follows. I Section I, SCOPE OF WORK, is hereby changed to read: The work includes the following additional work items described by Additional Work Item No, Item Title and Item Description 1.0 Additional Project Management/Administration May 2007 to Dec 2007 (8 Months) Supplement No. 7 BERGER/ABAM,A04032 Duvall Avenue NE Project B-1 6 August 2007 Additional work items and design changes have extended the completion date for project design, ad, Nene bid and award tasks from 30 April to 31 December 2007. This work item is for additional efforts during these 8 months to develop and submit invoices, direct project efforts, and to attend meetings. Additional project management efforts from 1 January to 31 December 2008 associated with project construction support services is covered under Additional Work Item 14.0. 2.0 Evaluate cost impacts on road closure during construction. The current estimated construction cost exceeds the current budget. To reduce the estimated construction cost, means to reduce this cost were evaluated. Closing the road during construction could improve contractor efficiency and reduce his total construction duration. However, maintenance of school bus traffic will lessen previous estimated cost reductions. This additional work is for efforts to evaluate this cost reduction. 3.0 Water quality vault relocation The location of the water quality vault has been moved from SE 107th Place to Duvall Ave NE to preclude the acquisition of a permit from King County. This item is the additional storm drainage and other work associated with this move. 4.0 Traffic signal relocation The previously designed pedestrian signal between NE 21st Street and NE 23rd Street has been moved to NE 21st Street and will become a vehicle and pedestrian signal. This work involves the coordination/redesign and warranting of this traffic signal. `err✓ 5.0 NOT USED 6.0 Utility potholing/survey to support potholing/additional utility coordination(40 locations) Additional efforts were made to identify all possible utility conflicts along the project and to work with utility owners to determine which possible conflicts would be potholed to better define the conflict. The relocation of the water quality vault into Duvall Ave NE added to this effort. This effort includes potholing and survey support to define the discovered utility. 40 utility pothole locations are assumed. 7.0 Additional right-of-way support Additional R/W permissions are required to construct the project. Most of these permissions involve obtaining license to construct agreements. Additional efforts have been made to support the City of Renton efforts in identifying these additional R/W needs. 8.0 Additional efforts at the north water quality pond/access road/addition of a cul-de-sac. Additional efforts have been made to finalize the configuration of the pond access road to meet maintenance requirements and to meet USPS mail box location requirements. 9.0 Additional landscaping efforts Revisions to the pond access road configuration will require revisions to previously completed landscape plans. This work involves coordination and production of this additional work. Supplement No. 7 BERGER/ABAM,A04032 Duvall Avenue NE Project B-2 6 August 2007 • 10.0 Additional CLS R/W services This additional work is an allowance for any additional coordination with/R/W acquisitions services that will be performed by CLS. 11.0 Additional illumination revisions This additional work involves relocating luminaries that were located per COR direction/WSDOT standards to revised locations as directed by the COR. 12.0 Additional construction time/sequence estimates Developing construction time estimates/sequence planning is additional to our scope of work. These additional efforts will be developed to better plan the project especially with the shorter construction duration associated with the road closure. 13.0 Additional permitting support Delays and changes in the project have required that SEPA documentation be updated and revised. This work item is to coordinate and support development of the SEPA addendum for submittal.The addendum will document the project revisions and summarize the results of the public out reach. BERGER/ABAM will develop the addendum in coordination with City staff. 14.0 Construction Support Services (CSS)for a 40 week construction period from January 2008 to October 2008 Attend Site Meetings/Conduct Site Visits (assume 30 person meetings/visits for BA; 8 person meetings/visits for Geo;8 person meetings/visits for Perteet;6 person meetings/visits for Widener; 4 NifiS person meetings/visits for JGM; 4 person meetings/visits for Sanders). Review Submittals (assume 20 submittals) Respond to RFIs (assume 50 RFIs) Assist COR with change orders (assume 4 COs) Develop record drawings from COR supplied information. Provide Administration and Management for CSS This task includes allowances for efforts by BERGER/ABAM, GeoEngineers, Widener &Associates, JGM Landscape, Sanders &Associates, and Perteet Engineers. IV Section IV, TIME FOR BEGINNING AND COMPLETION, shall be as previously amended: The work under this supplemental agreement,previous supplemental agreements, and the original contract shall be completed by December 31, 2008. By: BERGER/ABAM Engineers Inc. By: Consultant Signature Approving Authority Signature Supplement No. 7 BERGER/ABAM,A04032 Duvall Avenue NE Project B-3 6 August 2007 *rrr r Supplement No. 7 BERGER/ABAM,A04032 Duvall Avenue NE Project B-4 6 August 2007 • City of Renton EXHIBIT D"'`*" Analysis of Costs-BERGER/ABAM Inc. Direct Salary Cost(DSC) PERSONNEL Hours Pay Rate Cost Grade IX Principal/Project Manager 478 $ • 78.13 $ 37,346 Grade VIIINII Project Manager 60 55.86 3,352 Grade VIN Project Engineer 0 - Grade IV Senior Engineer 0 - Grade I/II/III Engineer 1,374 30.20 41,495 Environ./Urban-Planner 0 - Designer/Technician 240. 24.13 5,791 • CAD Supervisor/Operator 280 30.00 8,400 Graphic Designer/Comm.Specialist 0 - • Dept.Coord./Word Pr.JAdmin 238 25.86 6,155 Direct Salary Cost Total 2,670 $ 102,538 Salary Escalation per annum. 6.0% 25.0% $ 1,538 Overhead Cost 158.00% of DSC $ 164,441 Net Fee 32.00% of DSC $ 33,304 SUBTOTAL $ 301,822 Reimbursables Travel/Parking $ 500 Computer!CADD Reproduction/Postage 500 Public Meeting Graphics Miscelaneous 200 SUBTOTAL 1,200 BERGER/ABAM SUBTOTAL $ 303,022 Subconsultants: (See Exhibit G) GeoEngineers $ 5,885 Perteet Engineers 31,303 Widener&Associates 10,065 JGM Landscape Architects 10,028 Sanders&Associates 5,119 Mirai Associates 2,405 Applied Professional Services(APS) 18,270 SUBCONSULTANTS SUBTOTAL $ 83,075 GRAND TOTAL $ 386,097 SAY I$ 386,000 it q-pared B Date ABAM FEE page 1 City of Renton EXHIBIT G-1 **** Subconsultant Analysis of Costs-GeoEngineers, Inc. Direct Salary Cost(DSC) PERSONNEL Hours Pay Rate Cost Principal 6 52.00 $ 312 Associate 0 34.00 - Engineer/Scientist 3 34 34.00 1,156 Engineer/Scientist 2 4 26.00 104 Engineer/Scientist 1 0 24.00 - Word Processor 0 23.50 - Administration 0 22.50 - Direct Salary Cost Total 44 $ 1,572 Salary Escalation per annum 6.0% 100.0% $ 94 Overhead Cost 199.17% of DSC $ 3,319 Net Fee 30.00% of DSC 500 SUBTOTAL $ 5,485 Reim bursa bles Travel/Parking ) $ 200 Reproduction/Postage Computer/Communications Miscellaneous 200 SUBTOTAL $ 400 TOTAL $ 5,885 44Urr' SUBS FEE page 2 City of Renton EXHIBIT G-2""" NoSO • Subconsultant Analysis of Costs-Perteet Engineers Direct Salary Cost(DSC) PERSONNEL Hours Pay Rate Cost Principal 4 55.50 $ 222 Senior Associate 12 48.50 582 Senior Project Manager 106 49.00 5,194 Desgin Engineeer II 112 28.50 3,192 Tecnnician II 38 26.00 988 Accounting 4 24.00 96 Clerical 10 26.00 260 Direct Salary Cost Total 286 $ 10,534 Salary Escalation per annum 6.0% 20.0% $ 126 Overhead Cost 158.01% of DSC $ 16,845 Net Fee 30.00% of DSC 3,198 SUBTOTAL $ 30,703 Reim bursa bles Travel/Parking) $ 200 Reproduction/Postage 200 Com puter/Com m unications Miscellaneous 200 SUBTOTAL $ 600 TOTAL $ 31,303 • SUBS FEE page 3 Nisse City of Renton EXHIBIT G-3"**"` Subconsultant Analysis of Costs-Widener&Associates Direct Salary Cost(DSC) PERSONNEL Hours Pay Rate Cost Project Manager 58 49.00 $ 2,842 Project Biologist 24 27.00 648 Clerical 0 22.00 - Direct Salary Cost Total 82 $ 3,490 Salary Escalation per annum 6.0% 50.0% $ 105 Overhead Cost 150.00% of DSC $ 5,392 Net Fee 30.00% of DSC 1,078 SUBTOTAL $ 10,065 Reimbursables Travel/Parking) Reproduction/Postage Computer/Communications Miscellaneous Nimir SUBTOTAL $ - TOTAL $ 10,065 Nome SUBS FEE page 4 City of Renton EXHIBIT G-4**** Naid Subconsultant Analysis of Costs-JGM Landscape Architects Direct Salary Cost(DSC) PERSONNEL Hours Pay Rate Cost Principal 6 48.00 $ 288 Project Manager 30 41.00 1,230 Project Engineer 40 25.00 1,000 Senior Engineer 0 - Planner 0 - Engineer/Technician 0 - Landscape Designer/CARD 20 23.00 460 Project Coordinator 0 - Clerical 2 20.00 40 Direct Salary Cost Total 98 $ 3,018 Salary Escalation per annum 6.0% 40.0% $ 72 Overhead Cost 188.00% of DSC $ 5,810 Net Fee 30.00% of DSC 927 SUBTOTAL $ 9,828 Reim bursables *4101 Travel/Parking) $ 100 Reproduction/Postage Computer/Communications Miscellaneous 100 SUBTOTAL $ 200 TOTAL $ 10,028 *11010 SUBS FEE page 5 *Nors, City of Renton EXHIBIT G-5**** Subconsultant Analysis of Costs-Sanders&Associates Direct Salary Cost(DSC) PERSONNEL Hours Pay Rate Cost Principal 2 69.00 $ 138 PLS 14 53.00 742 Survey Crew(2-Man) 8 37.00 296 CADD 6 50.00 300 Flaggers (2 Ea) 8 26.50 212 Admin 2 24.00 48 Direct Salary Cost Total 40 $ 1,736 Salary Escalation per annum 6.0% 20.0% $ 21 Overhead Cost 150.00% of DSC $ 2,635 Net Fee 30.00% of DSC 527 SUBTOTAL $ 4,919 Reim bursables Travel/Parking) $ 100 Reproduction/Postage .ierre Computer/Communications Miscellaneous 100 SUBTOTAL $ 200 TOTAL $ 5,119 Noure SUBS FEE page 6 City of Renton EXHIBIT G-6'k**7t NiSIO Subconsultant Analysis of Costs-Mirai Associates Direct Salary Cost(DSC) PERSONNEL Hours Pay Rate Cost Principal 0 $ - Project Manager 2 71.00 142 Project Engineer 4 66.50 266 Senior Engineer 8 53.50 428 Planner 0 30.50 - Engineer/Technician 0 - Graphics/CADD 0 - Project Coordinator 0 - Clerical 0 - Direct Salary Cost Total 14 $ 836 Salary Escalation per annum 6.0% 0.0% $ - Overhead Cost 121.80% of DSC $ 1,018 Net Fee 30.00% of DSC 251 SUBTOTAL $ 2,105 Reimbursables Travel/Parking) $ 100 Reproduction/Postage 100 Corn puter/Communications Miscellaneous 100 SUBTOTAL $ 300 TOTAL $ 2,405 SUBS FEE page 7 Nogispv City of Renton EXHIBIT G-7**** Subconsultant Analysis of Costs-Applied Profesional Services Inc. See following pages '�rrr SUBS FEE page 8 July 5TH,2007 APS PROJECT#1270VAC 'rrl l. RECEIVED Applied • (JUL 12.2007 Y." Professional Services Inc • BERGER_I BAM www.apslocates.com BERGER/ABAM Engineering Inc. Attn:Naomi Selove-Schneider,P.E. 33301 9th Avenue S,Suite 300 Federal Way,WA 98003-2600 (206)431-2279 (206)431-2250 • (Renton, WA) Utility Test Holes:Duvall Avenue from NE Sunset Blvd.to SE 95th Way (Vacuum Excavation) . APS,Inc.is pleased to submit a cost estimate for the project named above. SCOPE OF WORK: All test holes will be excavated using our Air/Vacuum excavation system. BERGER/ABAMEngineering Inc.has chosen approximately 38 test holes for depth verification on various utility conflicts for the above project. • APS,Inc.will not be held liable for final restoration(i.e.overlay/new sidewalk panel, etc.) As this cost has not been accounted for in this estimate.Each test hole opening under asphalt or concrete will be opened using a pneumatic jackhammer and temporarily repaired with polymer adhesive asphalt(EZ-Street).Each test hole done by the method's stated above will carry. a 2-year warranty against failure from the date of execution.APS,Inc. shall provide the standard of care to repair each test hole as close as possible to the existing surface condition. All information gathered on any and all utilities will include top,bottom,width, general soil conditions and asphalt/concrete thickness.Information collected will be returned to Naomi Selove-Schneider.With BERGER/A.BAMEngineering Inc.in an excel format.. At the completion of each test hole APS,Inc_will place a utility marker at grade showing the location and depth of utilities,or structures found. Tasks included in the Utility Potholing service ➢ Initiate"One-Call"request&interface with locators and Utility companies. *qr.o > Submit traffic control plans to the City as required. > Obtain Right of Way use permits as required and interface with city contacts as needed for permitting. > Open test hole in asphalt or concrete no larger then 12"x 12",by method of jackhammer. ➢ Expose utilities at each test hole location specified by maps/engineer and obtain a measurement to grade using a standard tape measure. (Measurements will be taken in inches om top of grade at each test-hole location(s). • Obtain top,bottom and width of utility or structures found in test hole. > Return native soil or select fill to the test hole as required(Depending on City requirements). • ➢ Restore test hole in appropriate lifts using pneumatic compactor. > Place a polymer asphalt patch(EZ-Street)or concrete over each test hole as required. (Depending on City requirements) > Provide utility information on an Excel spreadsheet and a utility test hole data sheet, giving reference to test hole location(s). Noire APS Project#1270 VAC - rV COST ESTIMATE: . 1' SERVICE PROVIDED COST/HOUR_ EST HOURS/UNITS TOTAL COST AIR/VACUUM SYSTEM (portal to portal) $ 210.00 60 $ 12,600.00 PROJECT COORDINATION $ 75.00 10 $ 750.00 . FLAGGING(p/w rate) -• $ 41.00 120 $ 4,920.00 . TOTAL PROJECT ESTIMATE + $ 18,270.00 NOT TO EXCEED WITHOUT WRITTEN CLIENT APPROVAL: The project estimate is based on the estimated number of hours it will take to perform the Scope of Work .If the work is completed in less time then the above estimate,then the final invoice will reflect the lower cost. If,however,the project requires additional time or costs to complete the Scope of Work then written approval to exceed the orieinal cost estimate is required. TERMS: • We invoice incrementally on a monthly basis and at the end of the job.Net 30 days on all billing.Please call if you have any questions or comments regarding this estimate.APS,Inc.will require a written notice to proceed upon acceptance of this proposal or sign on the signature block below prior to any project start- ' up. Respectfully Submitted, • • Chris Dunham Applied Professional Services,Inc. • S.U.E.Division Manager • 206.571.1867-Cell Chrisd@apslocate:s.com ACKNOWLEDGMENT AND AUTHORIZATION TO PROCEED • The undersigned herby acknowledges the terms and conditions of this agreement and authorizes APS,Inc.to pr. d accor,:\Ing to the'scope of services,fees,and schedule contained herein. 111- - For : RGER/ABAM Engineering Inc.ATTN:Naomi Selove-Schneider,P.E. Date. 8 C"7 APS PROJECT#1270 VAC • • • • ( . Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131-Supplement No 7 BERGER/ABAM ENGINEERS INC-JSG 19 August 2007 • BERGER/ABAM ENGINEERS GRAPHIC GRADE IX GRADE VIN GRADE IV ENVIRONJ DEPT COORDI PRINCIPAL PROJ GRADE VIIY VII PROJECT SENIOR GRADE 1/11111 URBAN OESIGNENI CAD SUPVSR/ DESIGNER/ WORD PR! TOTAL MANAGER PROD MGR ENGINEER ENGINEER ENGINEER PLANNER TECHNICIAN OPERATOR COMM. ADMIN DESCRIPTION SPECIALIST 1 Additional project managamenUadmWslralion May 2007 to Jan 2008(8 mos) 180 _ 160 180 520 2 Evaluate cost impacla on mad claque doming mnalmdion 20 60 20 40 140 3 Water quality vauR relocation 10 160 00 40 280 • 4 Tralflo signal relocation 10 40 6 NOT USED 8 Utility pdhoUtg/survey to support potholing/additional utility relocation(40 locations). 20 - 120 80 10 230 7 Additional right-of-way support 10 60 40 1 . 8 Additional efforts at the norm haler quality pond/access raadiaddlllon of a col-de-aa 10 100_ 40 60 21 8 Additional landscaping design efforts 10 10 10 Additional CLS right-of-way amylcea 10 100 110' 11 Additional Illumination revlalons 10 66 20 961 12 Additional construction Umolsaquenas estimates 80 40 120', 13 Additional SEPAlpennlllrg support eenricea 10 10 201 14 Construction Support Services(CSS) 0 Attend Meetings/Site Waists(assume 30 person meeU ga for BA;8 perms meetings for GeoEngineang 0 prion meetings for Perteel;0 per on meetings for Widener,4 person meetings for JGM;4 person meetings for Sanders)) 18 72 •. Review submittals(sesame 20) 98 Respond to RF la(assume 50) 20 160 1:e', Assist CAR With changes to coed ruction conUact 20 100 120... Develop record drawings from COR supplied Information. 40 120 6 1••' CSS administration and management(Jan 2008 to Dec 2008) 40 40 a, I __ _- TOTAL SUPPLEMENT NO 7 HOURS I 4781 60 °_1-__ ._ . 0 ._� 1376 _____OI --._ 240 2801__- - 01 2381 2670 HOURS Page 1 • Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131-Supplement No 7 BERGER/ABAM ENGINEERS INC-JSG 19 August 2007 GEOENGINEERS ENGR SCIENTIST1ENGR SCIENTIST ENGR SCIENTIS PRINCIPAL ASSOCIATE3 2 1 WORD PROC ADMIN TOTAL DESCRIPTION 1 Additional project nanegemeiWadmWsimlbn May 200710 Jan 2008(8 mos) 0 2 Evaluate cost Impacts on road costae during conatmctlon 00 3 Water quality vault relocation Os 4 Traffbeignal relocation 01 8 NOT USED 0- 6 Utility potho0ng/survey to support potholing/additional Why relocation(40 locations). 01 7 Additional right-of-way support 0, 8 Additional efforts at the north ender godly pond/access roadfaddllion of a cul-de-sac 0 Additional landscaping design efbde 0 10 Additional CLS fight-of-way services 0" 11 Additional Illumination revisions 0. 12 Additional construction time/sequence estimates 0 13 Additional SEPNpennt8ing support services 01 14 Construction Support Services(CSS) 0, Attend MeetingalSite Walsh(assume 30 person meetings for BA;8 peraen meetings for Geotrgineem;8 person meetings for Peraet 6 person meetings for Widener,4 person meetings for JOLt 4 person meetings for Sandere)) 2 14 18 Review submittals(assume 20) 0 Respond to RFIa(assume 60) 2 8 4 14 Assist COR with changes to construction contract 2 12 14 Develop record dr wt gs from COR supplied tdortnatbn. _ a CSS adminietrafon and management(Jan 2008 to Des 2008) 0 TOTAL SUPPLEMENT N0 7 HOURS J �8 0� 34 l 41 0 °L 0f 0! 0j of 44 • I 1 ( Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131-Supplement No 7 BERGER/ABAM ENGINEERS INC-JSG 19 August 2007 PERTEET ENGINEERS • SENIOR SEMOR DESIGN PRINCIPAL PROJECT TECH II CADD ACCOUNTNG CLERICAL TOTAL ASSOCIATE MANAGERENGINEER II DESCRIPTION 1 Additional project manegemenUadmltrisOAion May 2007 to Jan 2008(8 rhos) Oil 2 Evaluate met impacts an road closure during construction 01 3 Water quality vault relocation 41 4 Traffic signal reboetlon 2 8 42 62 22 2 6 6 NOT USED 1441 6 Utility pottptnglaurvey to support potholing/additional utility relocation(40 icoatbna). 7 Additional right-of--way support l 8 Additional efforts at the north water qua8ty pondlaccesa road/addition of a ouldeaac 8 Additional landscaping design eflode 0' 10 Additional CLS right-of-way esrvices 01, 11 Additional Illumination revisions 2 4 24 32 16 2 4 84" 12 Additional construction limdaequence estimates 0 13 Additional SEPAJptrmilling support services 0 14 Construction Stgport Services(CSS) 0 Alton Meetings/Site Violeta(assume 30 person meetings for 6A;8 person meetings for GeoEngineers;8 person meetings for Perteet;6 person meetings for Widener,4 person meetings for JGAt 4 parson meetings for Sanders)) 24 Review submittals(assume 20) 6 8 24,, 14' Respond to RFIs(assume 60) 8 6 121 Assist COR with charges to conatrudlon contract 4 4 8 Develop record drawings from COR supplied inbsmation. COS administration and management(Jen 2008 to Dec 2008) 0 0 _ _- ._ v.— . ._..._ . _ _.. TOTAL SUPPLEMENT N07HOURS A121 1061 112 38 4I 10 --- 0�.._. OL_ - - O - - -286 HOURS Page 3 • Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131 -Supplement No 7 BERGER/ABAM ENGINEERS INC-JSG 19 August 2007 WIDENER&ASSOCIATES PROJECT PROJECT CLERICAL TOTAL MANAGER BIOLOGIST DESCRIPTION 1 Additional protect manapemerd/adnddslralbn May 2007 to Jan 2008(8 mos) 0 2 Evaluate coat Impacts on road cbaure drift g construction 0 3 Water quality vault raocatbn 0 4 Traffic signal relocation 0 6 NOT USED 0 0 UUily potholing/survey to supped poltn8roladrilbnel utility relocation(40 locations). 0 7 Additional dghlcf-way support 0 Additional ditional efforts at the north water coolly pond/access roadladdilon of a cul-de-sac • 9 Aldgtoral landscaping design efforts 0 10 Additional CLS right-of-way services 0 11 Additional Illumination revisions 0 12 Additional construction lime/sequence estimates 0 13 Additional SEPNpermitting support services 28 20 46 14 Construction Support Service.(CSS) • 0 Attend Meetingc/Site Violate(assume 30 parson meetings for BA;8 parson meetings for GeoEngbaera;8 person meetings(or Pedeet;8 person meetings for Widener;4 person meetings for JGM;4 parson moaltnga for Sander)) 18 18 Review submittal.(ammo 20) 0 Respond b RFI.(assume 50) 4 4 8 Assist CAR with changes to construction contract 12 I 12 Develop record drawings from COR supplied Information. 0 CSS administration and management(Jan 200815 Dec 2008) 0 T TOTAL SUPPLEMENT NO7HOURS( 247_-�_-__0� 8r- el 82 • -, .. 4 ( ( ( , Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131-Supplement No 7 BERGER/ABAM ENGINEERS INC-JSG 19 August 2007 JGM LANDSCAPE ARCHITECTS • LANDSCAPE PROJECT PROJECT SENIOR ENGINEER PROJECT PRINCIPAL MANAGER ENGINEER ENGINEER PLANNERDESIGNERDESIGNERCOORD CLERICAL TOTAL DESCRIPTION CARD 1 Additional project mane emenUadminlaVation May 2007 to Jan 2C08(8 mos) 0 2 Evaluate coat Impacts on road dosure during construction 0 3 Water quality vault relocation — a 4 Tralto signal relocation 6 NOT USED 0 8 Utility potholing/survey to supped pollo8. /additional utility relocation(40 locations). 0 7 Additional rIghl-of way support ' 0 a Additional effode at the north water quality pond/access roadfaddluon of a cuWesac 9 Additional landscaping deatgn efforts 8 12 20 20 2 80 10 Additional CLS right-of-way services 0 11 Additional Illumination revisions 12 Additional canatruction time/sequence estimates 0 0 13 Additional SEPAlpetmltUng supped services 0 14 Construction Support Servbes(CSS) - 0 Attend Meetings/Site Malate humane 30 airman mooting.for BA;8 parson meetings for • GeoEnglnaera;8 person meetings for Palest;8 person meetings for Widener;4 person mooting.for JGM;4 person meetings for Sanders)) 12 Review submittals(assume 20) 2 6 12 m a Respond to RFI.(assume 60) 2 6 r 8 Assist COR with changes to construction contract 2 8 10 Develop record drawings from CAR supplied Information. - -supplied0 CSS administration and management(Jan 200810 Dec 2008) i 0 TOTAL SUPPLEMENT NO 7 HOURS 1 . 8 301 40 al 0_ 01 20 01 2f 0` 98 HOURS PageS Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131•Supplement No 7 • BERGER/ABAM ENGINEERS INC-JSG 19 August 2007 • SANDERS&ASSOCIATES . SURVEY CREW FLAGGERS TOTAL PRINCIPAL PLS (24MAN) CADD (2-EA) ADMIN DESCRIPTION 1 Additional project menagemenVadmkdetmllon May 2007 to Jan 2008(8 mos) 0t 2 Evaluate coat Impacts an road closure during construction 0• 3 Water quality vault relocation O' 4 Traffic algne relocation0. 5 NOT USED 0 8 Utility potholing/survey to support potholing/additional utility relocation(40 locations). 2 2 8 0 8 2 2 7 Additional right-of-way support cr a Additional adults al the north wales quality pond/access road/addition of a odds-sac 8 Additional landscepkg design efforts 0 10 Additional CLS right-of-way services 01 it Additional Illumination revisiora • O' 12 Additional construction lime/sequence aslknelas 0 13 Additional SEPAJpermitling support services 0 14 Construction Support Services(CSS) lr Attend Meetings/SIM Violets(assume 30 person meetings for BA;8 person meetings for GeoEnginee s;8 person meetings for Peden;8 person meetings for Widener,4 person meetings for JGht 4 person meetings for Sanders)) 12 12 Review submittals(assume 20) _ OI Respond to RFIa(assume 50) Cr Assist COR with lunges to construction coMrad a Develop record drawings from COR supplied Information. 0 C33 administration and management(Jan 2008 to Dec 2008) Cr C TOTAL SUPPLEMENT NO 7 HOURS f — 2 141 8 ._.. as al 2I of of ll• _. __Cl _ 401 • (( _.. - 6 Duvall Avenue NE/Coal Creek Parkway SE City of Renton No CAG-03-131-Supplement No 7 BERGER/ABAM ENGINEERS INC-JSG 19 August 2007 MIRAI ASSOCIATES PRINCIPAL PROJECT PROJECT SENIOR PLANNER ENGINEER GRAPHICS PROJECT CLERICAL TOTAL DESCRIPTION MANAGER ENGINEER ENGINEER TECHNICIAN CADD COORD 1 Additional project managemenlladmirdelration May 2007 to Jan 2008(8 moa) • 2 Evaluate coat Imposts an road closure during canafnwtion r 3 Weler quality vault relocation r 4 Traffic signal relocation 2 4 8 14i 5 NOT USED e Utility potholing/survey hr support pothorng/addilunat utility relocation(40 locations). 0 7 Additional dgN-of-vey support 8 Additional efforts at the north wader quality pond/access roadladditlon ora cul-de-sac O Additional landscaping design'Dale 10 Additional CLS right-of-way services 11 Additional illumination revisions • 12 Additional construction Ilme/Sequence estimates 0 13 Additional SEPNpermlittng support services 14 Construction Support Services(C33) , Attend Meoting&Slte Violets((mum*30 parson meetings for BA;8 person meetings for GnEngineere 8 poen meetings for Petted;S person meetings for Widener,4 person meetings for JGM;4 person meetings for Barden)) Review submittals(assume 20) Respond to RPI'(aroma 50) ' Assist COR with changes to construction contract Develop record drawings from CAR supplied information, CSS administration and management(Jan 2008 to Dec 2008) TOTAL SUPPLEMENT NOTHOURS 1 El. — _,____.____4t--_ .. 8� 0i 01 Ol gl 01 14 HOURS Page 7 T CITY OF RENTON COUNCIL AGENDA BILL t AI#: o o Submitting Data: For Agenda of: October , 2007 Niore Dept/Div/Board.. P/B/PW Utility Systems Staff Contact Nenita Ching (x7291) Agenda Status Consent X Subject: Public Hearing.. Funding for Utilities Capital Expenditures Correspondence.. Ordinance X Resolution Old Business Exhibits: New Business Ordinance Study Sessions Information Recommended Action: Approvals: Refer to Utilities Committee Legal Dept Finance Dept X Other Fiscal Impact: Expenditure Required... Transfer/Amendment $3,173,000 Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. I SUMMARY OF ACTION: One of the sources of funding for utilities capital programs is utility revenue. In aggregate, the utilities have$3,173,000 available to reinvest in infrastructure. If approved, this amount will be transferred from the utilities operation funds to the construction funds. Staff cash flow projections indicate that with the cash infusion, the construction funds will be able to avoid a negative fund balance at the end of the year. The funding source is consistent with the City system reinvestment policy for the utilities, which was incorporated in the revenue needs analysis for 2008. Thus, the proposed construction funding do not change the rates approved by Council for the coming year. STAFF RECOMMENDATION: Approve the ordinance authorizing transfers of $1,800,000 from Water Utility Fund 405 to Fund 425; $963,000 from Wastewater Utility Fund 406 to Fund 426; and $410,000 from Surface Water Utility Fund 407 to Fund 427 for the purpose of utilities capital programs. Rentonnet/agnbill/ bh IVA 7. F. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2007 BUDGET BY TRANSFERRING FUNDS IN THE AMOUNT OF $3,173,000 FROM THE 2006 YEAR-END FUND BALANCE FOR THE PURPOSE OF FUNDING CAPITAL EXPENDITURES BY WATER, WASTEWATER,AND SURFACE WATER UTILITIES. WHEREAS, subsequent to review and adoption of the 2007 budget a need to fund capital expenditures for the Water, Wastewater, and Surface Water utilities was identified, and WHEREAS, City policy is to reinvest utility revenues into infrastructure improvements, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, "fir► WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriations in the Water, Wastewater, and Surface Water Utility Operation Funds and Construction Funds are hereby amended as follows: 2007 Original Budget 2007 Adjusted Fund Budget Increase Budget Water Operation Fund expenditure, 405.000000.018.5970.0000.00.000500 $650,000 $1,800,000 $2,450,000 Wastewater Operation Fund expenditure, 406.000000.018.5970.0000.00.000400 $750,000 $963,000 $1,713,000 Surface Water Operation Fund expenditure, 407.000000.018.5970.0000.00.000600 $700,000 $410,000 $1,110,000 Water Construction Fund revenues, 425.000000.000.3970.0000.00.000100 $650,000 $1,800,000 $2,450,000 Wastewater Construction Fund revenues, 426.000000.000.3970.0000.00.000100 $750,000 $963,000 $1,713,000 Surface Water Construction Fund revenues, 427.000000.000.3970.0000.00.000100 $700,000 $410,000 $1,110,000 SECTION II. Funds for the expenditure line items are hereby added to the 2007 budget and hereby removed from the 2006 year-end fund balance of the Operation Funds. SECTION III. Funds for the revenue line items are hereby added to the 2007 budget of the Construction Funds. SECTION IV. An emergency is hereby declared and this ordinance shall become effective immediately upon its passage and approval. PASSED BY THE CITY COUNCIL this day of 2007. Bonnie I. Walton, City Clerk Nerli APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: *okay d KT' CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Renton, Washington, authorizing the issuance of three series of water and sewer revenue bonds of the City for the purpose of financing the costs of carrying out certain capital improvements of the waterworks utility and refunding certain outstanding water and sewer revenue bonds of the City, in the aggregate principal amounts of not to exceed Now $10,000,000, $10,000,000 and $3,000,000, respectively; providing the form, terms and covenants of the bonds; fulfilling the Reserve Requirement; authorizing the appointment of an escrow agent and the execution of an escrow agreement relating to the refunding bonds; and approving the sale and providing for the delivery of the bonds to Seattle-Northwest Securities Corporation, Seattle, Washington. ORDINANCE NO. TABLE OF CONTENTS Section 1. Definitions 2 Section 2. Findings Regarding Parity Provisions and the Project 9 Section 3. Authorization and Description of Bonds 9 Section 4. Registration of Bonds and Book-Entry System 9 Section 5. Payment of Bonds 12 Section 6. Redemption; Open Market Purchase of Bonds 12 Section 7. Notice of Redemption 13 Section 8. Failure to Redeem Bonds 14 Section 9. Form of Bonds 14 Section 10. Execution of Bonds 14 Section 11. Authentication and Delivery of Bonds by Bond Registrar 14 Section 12. Lost, Stolen or Destroyed Bonds 15 Section 13. Creation of Fund 15 Section 14. Deposits into Funds 15 Section 15. Rate Stabilization Fund 16 Section 16. Flow of Funds 16 Section 17. Pledge of Revenue and Lien Position 17 Section 18. Findings Regarding Sufficiency of Revenue 17 Section 19. Covenants 18 Section 20. Tax Covenants 20 Section 21. Defeasance of the Bonds 21 Section 22. Provision for Future Parity Bonds 22 Section 23. Sale of Bonds 24 Section 24. Delivery of Bonds; Temporary Bonds 25 Section 25. Application of Bond Proceeds 25 Section 26. Plan of Refunding 26 Section 27. Undertaking to Provide Continuing Disclosure 27 Section 28. Preliminary Official Statement 30 Section 29. Amendments 30 Section 30. Contract: Savings Clause 32 Section 31. General Authorization, Ratification of Prior Acts 32 Section 32. Effective Date of Ordinance 32 Exhibit A Project Description Exhibit B Form of Bonds -1- P:\20584\20584 24Q ORDINANCE NO. AN ORDINANCE of the City of Renton, Washington, authorizing the issuance of three series of water and sewer revenue bonds of the City for the purpose of financing the costs of carrying out certain capital improvements of the waterworks utility and refunding certain outstanding water and sewer revenue bonds of the City, in the aggregate principal amounts of not to exceed $10,000,000, $10,000,000 and $3,000,000, respectively; providing the form, terms and covenants of the bonds; fulfilling the Reserve Requirement; authorizing the appointment of an escrow agent and the execution of an escrow agreement relating to the refunding bonds; and approving the sale and providing for the delivery of the bonds to Seattle-Northwest Securities Corporation, Seattle, Washington. WHEREAS, the City of Renton, Washington (the "City") has heretofore created and operated a waterworks utility of the City, including the water, sewer, wastewater and storm drainage systems (defined herein as the "Waterworks Utility"); and WHEREAS, the City Council has determined that it is necessary and in the best interests of the City that certain improvements for the Waterworks Utility described in the Capital Improvement Program be made and there be adopted a system or plan of additions to and betterments and extensions of the Waterworks Utility; and WHEREAS, pursuant to chapter 35.92 RCW, the City is authorized to issue and sell, without an election, revenue bonds of the City to make additions, betterments or extensions to the Waterworks Utility; and WHEREAS, by Section XXIII of Ordinance No. 4709, the City also provided that it may issue additional water and sewer revenue bonds which will constitute a charge and lien upon the revenue of the Waterworks Utility of the City on a parity with the City's Water and Sewer Revenue Refunding Bonds, 1998 (the "1998 Bonds") and any bonds issued thereafter if such additional bonds are issued in compliance with the conditions set forth therein; and WHEREAS, by Ordinance No. 4976, the City issued its Water and Sewer Revenue Bonds, 2002 (the"2002 Bonds") on a parity of lien with the 1998 Bonds; and WHEREAS, by Ordinance No. 5019, as amended by Ordinance No. 5020, the City issued its Water and Sewer Revenue Refunding Bonds, 2003 (the "2003 Bonds") on a parity of lien with the 1998 Bonds and the 2002 Bonds; and WHEREAS, by Ordinance No. 5098, the City issued its Water and Sewer Revenue Bonds, 2004 (the "2004 Bonds") on a parity of lien with the 1998 Bonds, the 2002 Bonds, and the 2003 Bonds; and WHEREAS, Ordinance No. 4976 provides that the City may redeem the 2002 Bonds maturing on and after December 1, 2014 on and after December 1, 2012, in whole or in part, on any interest payment date at a price of par plus accrued interest, if any, to the date of redemption; ' and WHEREAS, as a result of changed market conditions, it appears to the City Council that debt service savings may be obtained by refunding the 2002 Bonds maturing on and after December 1, 2014 (the "Refunded Bonds") through the issuance of a series of water and sewer refunding bonds; and WHEREAS, the City Council has determined that it is in the best interests of the City to issue and sell three series of water and sewer revenue bonds on a parity of lien with the outstanding 1998 Bonds, 2002 Bonds, 2003 Bonds and 2004 Bonds; and WHEREAS, the first series of bonds shall be designated the City of Renton, Washington Water and Sewer Revenue and Refunding Bonds, 2007 and issued in the aggregate principal amount of not to exceed $10,000,000 (the "2007 Bonds"), for the purpose of providing part of the funds necessary to carry out the system or plan for additions to and betterments and extensions of the Waterworks Utility, to refund the Refunded Bonds, and to pay the costs of issuance and sale of the 2007 Bonds, as further provided in the sale resolution for the 2007 Bonds; and WHEREAS, the second and third series of bonds shall be designated the City of Renton, Washington Water and Sewer Bonds, Series 2008A and City of Renton, Washington Water and Sewer Bonds, Series 2008B (Taxable) and issued in the aggregate principal amounts of not to exceed $10,000,000 and $3,000,000, respectively (together, the "2008 Bonds"), for the purpose of providing part of the funds necessary to carry out the system or plan for additions to and betterments and extensions of the Waterworks Utility, to fulfill the Reserve Requirement and to Ned pay the costs of issuance and sale of the 2008 Bonds, as further provided in the sale resolution for the 2008 Bonds; and WHEREAS, Seattle-Northwest Securities Corporation, Seattle, Washington, has offered to purchase the 2007 Bonds and the 2008 Bonds under the terms and conditions set forth herein and in the applicable sale resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN as follows: Section 1. Definitions. As used in this ordinance, the following words shall have the following meanings: "Alternate Security" shall mean any bond insurance, collateral, security, letter of credit, guaranty, surety bond or similar credit enhancement device providing for or securing the payment of all or part of the principal of and interest on the Parity Bonds, issued by an institution that has been assigned a credit rating at the time of issuance of such Parity Bonds secured by such Alternate Security equal to or better than the highest then-existing rating for any of the Parity Bonds. "Annual Debt Service" for any year shall mean all the interest on plus all principal (except principal of Term Bonds due in any Term Bond Maturity Year) of Parity Bonds, plus all mandatory redemption and sinking fund installments, less all bond interest payable from the proceeds of any such bonds, which will mature or come due in that year. -2- P:120584120584_24Q "Beneficial Owner" shall mean any person that has or shares the power, directly or 4011,r indirectly to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). "Bond Fund" shall mean that special fund of the City known as the Waterworks Revenue Bond Fund created by this ordinance for the payment of the principal of and interest on the Bonds. "Bond Register" means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. "Bond Registrar" means the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds, and paying the principal of,premium, if any, and interest on the Bonds. "Bonds" shall mean the 2007 Bonds and the 2008 Bonds. "Capital Improvement Program" shall mean the plan of additions and betterments to the Waterworks Utility approved by the City in the 2007 City Budget adopted by the City Council pursuant to Ordinance No. 5245 adopted on December 11, 2006. "City" shall mean the City of Renton, Washington, a duly organized and legally existing noncharter code city under the laws of the State. 4411, "City Finance Director" shall mean the City's Finance and Information Services Administrator or the successor to such officer. "Closing" shall mean the date of the delivery of the 2007 Bonds or the 2008 Bonds, as applicable, by the City to the Underwriter and the payment therefor by the Underwriter. "Code" shall mean the Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. "Coverage Requirement" shall mean in any calendar year 1.25 times the Maximum Annual Debt Service; provided, that once the 1998 Bonds, the 2002 Bonds, the 2003 Bonds and the 2004 Bonds are no longer Outstanding, the term "Coverage Requirement" shall mean in any calendar year 1.25 times the Annual Debt Service for such year. "DTC" means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to this ordinance. "Escrow Agent"means U.S. Bank National Association, Seattle, Washington. "Escrow Agreement" means the Escrow Deposit Agreement to be dated as of the date of Closing of the 2007 Bonds authorized to be entered into pursuant to Section 26 of this ordinance. -3- P.\20584\20584_24Q "Fitch" means Fitch, Inc., organized and existing under the laws of the State of Delaware, its successors and their assigns, and, if such organization shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "Fitch" shall be deemed to refer to any other nationally recognized securities rating agency designated by the City. "Future Parity Bonds" shall mean all water and sewer revenue bonds of the City issued after the date of the issuance of the Bonds and having a lien and charge on Net Revenue on a parity with the lien and charge on Net Revenue for the payment of the principal of and interest on the Bonds. "Government Obligations" means those obligations now or hereafter defined as such in chapter 39.53 RCW. "Gross Revenue" shall mean all of the earnings and revenues received by the City from the maintenance and operation of the Waterworks Utility and all earnings from the investment of money in the Reserve Fund or any Parity Bond Fund, and connection and capital improvement charges collected for the purpose of defraying the cost of capital facilities of the Waterworks Utility, except government grants, proceeds from the sale of Waterworks Utility property (other than timber), City taxes collected by or through the Waterworks Utility, principal proceeds of bonds and earnings or proceeds from any investments in a trust, defeasance or escrow fund created to defease or refund Waterworks Utility obligations (until commingled with other earnings and revenues of the Waterworks Utility) or held in a special account for the purpose of paying a rebate to the United States Government under the Code. "Letter of Representations" shall mean the Blanket Issuer Letter of Representations from the City to DTC dated April 15, 1997. "Maintenance and Operation Expense" shall mean all reasonable expenses incurred by the City in causing the Waterworks Utility to be operated and maintained in good repair, working order and condition, including payments made to any other municipal corporation or private entity for water service and for sewage treatment and disposal service or other utility service in the event the City combines such service in the Waterworks Utility and enters into a contract for such service, and including pro-rata budget charges for the City's administration expenses where those represent a reasonable distribution and share of actual costs, but not including any depreciation or taxes levied or imposed by the City or payments to the City in lieu of taxes, or capital additions or capital replacements to the Waterworks Utility. "Maximum Annual Debt Service" shall mean, at the time of calculation, the maximum amount of Annual Debt Service that will mature or come due in the current calendar year or any future calendar year on the outstanding Parity Bonds. "Moody's" means Moody's Investors Service, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "Moody's" shall be deemed to refer to any other nationally recognized securities rating agency designated by the City. -4-- P:\20584\20584 240 "MSRB" shall mean the Municipal Securities Rulemaking Board. "Net Proceeds," when used with reference with the Bonds, means the principal amount of the Bonds, plus accrued interest and original issue premium, if any, and less original issue discount, if any. "Net Revenue" shall mean Gross Revenue less Maintenance and Operation Expense. "1998 Bonds" shall mean the outstanding Water and Sewer Revenue Refunding Bonds, 1998. "NRMSIR" shall mean a nationally recognized municipal securities information repository designated by the SEC. "Outstanding" means, as of any particular time, all Parity Bonds issued theretofore except (a) Parity Bonds theretofore canceled by the Bond Registrar after purchase by the City in the open market or because of payment at, or redemption prior to, maturity; (b) Parity Bonds for which funds have been deposited into a trust account pursuant to the ordinances authorizing the issuance of the Parity Bonds, but only to the extent that the principal of and interest on such Parity Bonds are payable from such trust account; (c) temporary, mutilated, lost, stolen or destroyed Parity Bonds for which new Parity Bonds have been issued pursuant to the ordinance authorizing their issuance; and (d) Parity Bonds exchanged for new Parity Bonds pursuant to the ordinances authorizing their issuance. "Owner" shall mean the person named as the registered owner of a Bond on the Bond Register. "Parity Bonds" shall mean the 1998 Bonds, the 2002 Bonds, the 2003 Bonds, the 2004 Bonds, the 2007 Bonds, the 2008 Bonds and any Future Parity Bonds. "Parity Bond Fund" shall mean any fund created for the payment and redemption of Parity Bonds. "Private Person" means any natural person engaged in a trade or business or any trust, estate, partnership, association, company or corporation. "Private Person Use" means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a day-to-day basis if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such 'taw is incidental to the governmental uses of property, the property is made available for such -5- P120584\20584_240 use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. "Professional Utility Consultant" shall mean an independent licensed professional engineer, certified public accountant or other independent person or firm selected by the City having a favorable reputation for skill and experience with municipal utilities of comparable size and character to the Waterworks Utility in such areas as are relevant to the purposes for which such consultant is retained. "Project" shall mean the additions, betterments or extensions to the Waterworks Utility described in the Capital Improvement Program, including, but not limited to, the capital improvements described in Exhibit A to this ordinance. "Project Fund" shall mean the Waterworks Utility Construction Fund previously created by the City, and the subaccounts contained therein, for the purpose of paying costs of the Project. "Purchase Agreement" shall mean the Bond Purchase Agreement for the 2007 Bonds or 2008 Bonds, as applicable,by and between the City and the Underwriter. "Qualified Insurance" means any non-cancelable municipal bond insurance policy or surety bond issued by any insurance company licensed to conduct an insurance business in any state of the United States (or by a service corporation acting on behalf of one or more such insurance companies) which insurance company or companies, as of the time of issuance of such policy or surety bond, are currently rated in one of the two highest Rating Categories by both Moody's and S&P. "Qualified Letter of Credit" means any irrevocable letter of credit issued by a financial institution for the account of the City on behalf of registered owners of the Bonds, which institution maintains an office, agency or branch in the United States and as of the time of issuance of such letter of credit, is currently rated in one of the two highest Rating Categories by either Moody's or S&P. "Rate Stabilization Fund" shall mean the Waterworks Rate Stabilization Fund created by the City pursuant to Ordinance No. 4709. "Refunded Bonds"mean the 2002 Bonds maturing on and after December 1, 2014. "Refunding Account" means the account by that name established pursuant to Section 26 of this ordinance. "Registered Owner" means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book-entry only form, DTC shall be deemed to be the sole Registered Owner. "Reserve Fund" shall mean that special fund of the City known as the Waterworks Revenue Bond Reserve Fund created by Ordinance No. 4709 for purpose of securing the payment of the principal of and interest on all bonds to which Net Revenue is pledged. 1400 -6- P:120584\20584 24Q "Reserve Insurance" shall mean, in lieu of cash and investments, insurance obtained by lour the City equal to part or all of the Reserve Requirement for any Parity Bonds then outstanding for which such insurance is obtained, issued by an institution that has been assigned a credit rating equal to or better than the highest then-existing rating for any of the Parity Bonds. "Reserve Requirement" shall mean the Maximum Annual Debt Service; provided, that once the 1998 Bonds, the 2002 Bonds, the 2003 Bonds and the 2004 Bonds are no longer Outstanding, the term "Reserve Requirement" shall mean with respect to any issue of Parity Bonds, the lesser of (a) Maximum Annual Debt Service on all Outstanding Parity Bonds, and (b) 125% of average Annual Debt Service on all Outstanding Parity Bonds; provided, that the amount required to be deposited hereunder with respect to any Future Parity Bonds in order to meet the Reserve Requirement shall not exceed 10% of the net proceeds of such Future Parity Bonds under the Code. "Rule" shall mean SEC Rule 15c2-12. "S&P" means Standard & Poor's, a Division of The McGraw Hill Companies, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, "S&P" shall be deemed to refer to any other nationally recognized securities rating agency designated by the City. "Sale Resolution" means the resolutions of the City Council approving the sale of the 2007 Bonds or the 2008 Bonds, as applicable, in accordance with Section 23 of this ordinance. vim„ "SEC" shall mean the United States Securities and Exchange Commission. "SID" shall mean a state information depository for the State (if one is created). "State" shall mean the State of Washington. "Tax-Exempt Bonds" shall mean the 2007 Bonds and the City of Renton, Washington Water and Sewer Revenue Bonds, Series 2008A authorized to be issued by this ordinance. "Taxable Bonds" shall mean the City of Renton, Washington Water and Sewer Revenue Bonds, Series 2008B (Taxable) authorized to be issued by this ordinance. "Term Bonds" shall mean any Parity Bonds identified as such in the ordinance authorizing the issuance thereof, the payment of which is provided for by a requirement for mandatory deposits of money into the principal and interest account of the bond redemption fund created for the payment of such issue of bonds in accordance with a mandatory sinking fund requirement. "Term Bond Maturity Year" shall mean any calendar year in which Term Bonds are scheduled to mature. "2008 Bonds" shall mean the City of Renton, Washington Water and Sewer Revenue Bonds, Series 2008A, and the City of Renton, Washington Water and Sewer Revenue Bonds, ,. Series 2008B (Taxable) authorized to be issued by this ordinance. -7- P:\20584\20584_240 "2004 Bonds" shall mean the outstanding Water and Sewer Revenue Bonds, 2004. "2007 Bonds" shall mean the City of Renton, Washington Water and Sewer Revenue and Refunding Bonds, 2007, authorized to be issued by this ordinance. "2003 Bonds" shall mean the outstanding Water and Sewer Revenue Refunding Bonds, 2003. "2002 Bonds" shall mean the outstanding Water and Sewer Revenue Bonds, 2002. "Underwriter" shall mean Seattle-Northwest Securities Corporation, Seattle, Washington. "Waterworks Utility" shall mean the combined water, sewer, wastewater and storm drainage systems of the City as the same may be added to, improved and extended for as long as any of the Parity Bonds are outstanding. "Waterworks Utility Fund" shall mean that special fund of the City into which all Gross Revenue (except for earnings in any special fund for the redemption of revenue obligations of the Waterworks Utility) shall be deposited. Rules of Interpretation. In this ordinance, unless the context otherwise requires: (a) The terms "hereby," "hereof," "hereto," "herein, "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular `E4.04 article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term"heretofore" shall mean before, the date of this ordinance; (b) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa; (c) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (d) Any headings preceding the text of the several sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; (e) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof; and (f) Words importing the singular number include the plural number and vice versa. -8- P:\20584\20584 24Q • Section 2. Findings Regarding Parity Provisions and the Project. The City Council hereby finds that there is no deficiency in any Parity Bond Fund, that provisions hereinafter meet New the conditions for the issuance of Future Parity Bonds as set forth in Section 23 of Ordinance No. 4709, Section 22 of Ordinance No. 4976, Section 20 of Ordinance No. 5019, as amended, and Section 22 of Ordinance No. 5098 and that there will be on file prior to the issuance and delivery of the Bonds a certificate of the City Finance Director that satisfies the conditions for such certificate as set forth in Ordinance Nos. 4709, 4976, 5019 and 5098. The City Council further finds that the additions, betterments or extensions to the Waterworks Utility, described in Exhibit A attached hereto (the "Project"), are consistent with the system or plan of additions to and betterments and extensions of the Waterworks Utility as described in the Capital Improvement Program. Therefore, the Bonds shall be issued on a parity of lien with the Parity Bonds. Section 3. Authorization and Description of Bonds. For the purpose of obtaining part of the funds necessary to carry out the Project and to refund the Refunded Bonds, the City shall issue the 2007 Bonds and the 2008 Bonds. The 2007 Bonds shall be designated "City of Renton, Washington Water and Sewer Revenue and Refunding Bonds, 2007" and shall be issued in the aggregate principal amount of not to exceed $10,000,000. The 2008 Bonds shall be designated the "City of Renton, Washington Water and Sewer Revenue Bonds, Series 2008A" and the "City of Renton, Washington Water and Sewer Revenue Bonds, Series 2008B (Taxable)" in the aggregate principal amounts of not to exceed $10,000,000 and $3,000,000, respectively. The Bonds shall be dated as of their respective dates of initial issuance and delivery or `err such other date set forth in the applicable Sale Resolution; shall be issued in fully registered form in the denomination of$5,000 or any integral multiple thereof within a series, provided that no Bond shall represent more than one maturity of a series; shall be numbered separately and in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification and control; shall bear interest (calculated based on a 360-day year of 12 30-day months) at the rates set forth in the applicable Sale Resolution, until the Bonds have been paid or their payment duly provided for, and shall mature on the dates in the years and amounts and shall bear interest from their date payable semiannually at the rates on the dates set forth in the applicable Sale Resolution. The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-105. Section 4. Registration of Bonds and Book-Entry System. (a) Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The City shall cause a Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the City Finance Director upon prior notice to the Bond Registrar and a successor Registrar appointed by the City Finance Director. No resignation or removal of the Bond Registrar shall be effective Now- -9- P:\20584\20584_24Q until a successor shall have been appointed and until the successor Registrar shall have accepted the duties of the Bond Registrar hereunder. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 24 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 5 hereof, but such Bond may be transferred as herein provided. All such payments made as described in Section 7 shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully-immobilized form hereunder, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. (d) Use of Depository. (i) The Bonds shall be registered initially in the name of"Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such immobilized Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the City Finance Director pursuant to subsection (ii) below or such substitute depository's successor; or (C)to any person as provided in subsection (iv)below. -10- P:\20584\20584 240 (ii) Upon the resignation of DTC or its successor (or any substitute depository %„r or its successor) from its functions as depository or a determination by the City Finance Director to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the City Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (iii) In the case of any transfer pursuant to clause (A) or (B) of subsection (i) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request of the City Finance Director, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the City Finance Director. (iv) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the City Finance Director determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain such bonds in the form of Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held in fully-immobilized form. The City Finance Director shall deliver a written request to the Bond Registrar, together with a supply of definitive Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request of the City Finance Director to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the %iv names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No. 3755 establishing a system of registration for the City's bonds and obligations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to exchange any Bond during the 15 days preceding any interest payment or principal payment date any such Bond is to be redeemed. 'tow 11- P:'20584\20584 240 Ors (f) Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. Section 5. Payment of Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. For so long as all Bonds are in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer in fully immobilized form, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $100,000 of Bonds (received by the Bond Registrar at least 10 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the account within the continental United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. The Bonds shall be payable solely out of the Bond Fund and the Reserve Fund and shall be a valid claim of the Owners thereof only as against the Bond Fund, Reserve Fund and the amount of Net Revenue pledged to those funds and shall not be general obligations of the City. Section 6. Redemption; Open Market Purchase of Bonds. The City reserves the right to redeem the Bonds prior to their maturing as set forth in the applicable Sale Resolution. If less than all of the 2007 Bonds or 2008 Bonds subject to optional redemption are called for redemption, then the City shall choose the maturities of such series to be redeemed. The City reserves the right to designate certain maturities of the 2007 Bonds and/or the 2008 Bonds as term bonds ("Term Bonds") in the applicable Sale Resolution, and, if not previously purchased by the City in the open market or optionally redeemed as provided in the applicable Sale Resolution, will be subject to mandatory sinking fund redemption prior to maturity, in part and by lot (in such manner as the Bond Registrar shall determine), at a price of par plus accrued interest to the date of redemption as provided in the applicable Sale Resolution. If the City shall optionally redeem Term Bonds or purchase Term Bonds in the open market, the par amount of the Term Bonds so redeemed or purchased (irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for such Term Bonds (as allocated by the City) beginning not earlier than 60 days after the date of the optional redemption or purchase, and the City shall promptly notify the Bond Registrar in writing of the manner in which the credit for the Teini Bonds so redeemed ,,lv or purchased has been allocated. -12- P:\20584\20584 24Q Any Bond in the principal amount of greater than $5,000 may be partially redeemed in any integral multiple of$5,000. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no longer held in uncertificated form, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this paragraph. If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of$5,000. In the case of a Bond of a denomination greater than $5,000, the City and Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of$5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event of a partial redemption of a Bond, upon surrender of such Bond at the principal corporate trust office of the Bond Registrar, a new Bond or Bonds (at the option of the Owner) of the same maturity and interest rate and in the aggregate principal amount remaining unredeemed shall be authenticated and delivered to the Owner, without charge to the Owner therefore, in any denomination authorized by this ordinance and selected by the Owner. The City reserves the right to purchase any or all of the Bonds on the open market at any time and at any price. All Bonds purchased under this Section shall be canceled. Section 7. Notice of Redemption. For so long as the Bonds are held in uncertificated %e form, notice of redemption shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any Beneficial Owners. Thereafter, notice of redemption shall be given by or on behalf of the City not less than 30 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Owner of any Bond to be redeemed at the address appearing on the Bond Register on the day notice is mailed, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the Owner of any Bond. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by maturity(and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (E) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Bond Registrar. If such notice to the Owners shall have been given and the City shall have set aside, on the date fixed for redemption, sufficient money for the payment of all Bonds called for redemption, the Bonds so called shall cease to accrue interest after such redemption date, and all such Bonds shall be deemed not to be outstanding under this ordinance for any purposes, except that the Owners thereof shall be entitled to receive payment of the redemption price and accrued %pi interest to the redemption date from the money set aside for such purpose. -13- P\20584\20594 24Q In addition, further notice shall be given by the City as set out below, but no defect in *NO said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 35 days before the redemption date to the Bond Insurer, if any, to party entitled to receive notice pursuant to Section 27, and to such persons (including securities repositories who customarily at the time receive notices of redemption in accordance with rules promulgated by the SEC) and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. Section 8. Failure to Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or redemption date, the City shall be obligated to pay interest on such Bond at the same rate provided in the Bond from and after its maturity or redemption date until such Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund, and the Bond has been called for redemption by giving notice of that redemption to the Owner of each of such unpaid Bonds. Section 9. Form of Bonds. The Bonds shall be in substantially the form set forth in '.4401 Exhibit B attached hereto. Section 10. Execution of Bonds. The Bonds shall be executed on behalf of the City by the facsimile or manual signatures of the Mayor and the City Clerk and shall have the seal of the City impressed or a facsimile thereof imprinted thereon. In the event any officer who shall have signed or whose facsimile signatures appear on any of the Bonds shall cease to be such officer of the City before said Bonds shall have been authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issuance, shall be as binding upon the City as though said person had not ceased to be such officer. Any Bond may be signed and attested on behalf of the City by such persons who, at the actual date of execution of such Bond shall be the proper officer of the City, although at the original date of such Bond such persons were not such officers of the City. Section 11. Authentication and Delivery of Bonds by Bond Registrar. The Bond Registrar is authorized and directed, on behalf of the City, to authenticate and deliver Bonds initially issued or transferred or exchanged in accordance with the provisions of such Bonds, this ordinance and the applicable Sale Resolution. Only such Bonds as shall bear thereon a "Certificate of Authentication" manually executed by an authorized representative of the Bond Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall -14- P:\20584\20584_240 be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated 'err and delivered hereunder and are entitled to the benefits of this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication on the Bonds. Section 12. Lost, Stolen or Destroyed Bonds. In case any Bonds shall be lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, date and tenor to the Owner thereof upon the Owner's paying the expenses and charges of the Bond Registrar and the City in connection therewith and upon his filing with the Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his ownership thereof, and upon furnishing the City and the Registrar with indemnity satisfactory to both. Section 13. Creation of Fund. There is hereby created in the City Treasury the Waterworks Revenue Bond Fund (the "Bond Fund"), which shall be a subaccount of the Waterworks Utility Fund. Section 14. Deposits into Funds. The Bond Fund shall be maintained for the purpose of paying the principal of and interest on the Bonds. As long as any Bond remains outstanding, the City hereby irrevocably obligates and binds itself to set aside and pay from the Waterworks Utility Fund into the Bond Fund those amounts necessary, together with such other funds as are on hand and available in the Bond Fund, to pay the interest or principal and interest next coming due on outstanding Bonds. Such payments from the Waterworks Utility Fund to the Bond Fund 'i✓ shall be made in a fixed amount without regard to any fixed proportion following the closing and delivery of the Bonds on or before each date on which an installment of interest or principal and interest falls due on the Bonds equal to the installment of interest or principal and interest. There has heretofore been created by the City a special fund of the City known as the Waterworks Revenue Bond Reserve Fund (the "Reserve Fund") for purpose of securing the payment of the principal of and interest on all bonds to which Net Revenue is pledged. The City hereby irrevocably covenants and agrees that on or prior to the date of issuance of the Bonds, the amount on deposit in the Reserve Fund will be at least equal to the Reserve Requirement for the Parity Bonds. The City shall satisfy the Reserve Requirement to the extent necessary upon the issuance of the 2007 Bonds and the 2008 Bonds by depositing proceeds of such Bonds or other funds available therefor into the Reserve Fund or by obtaining Reserve Insurance. Except for withdrawals therefrom as authorized herein, the Reserve Fund shall be maintained at the Reserve Requirement at all times so long as any Parity Bonds are Outstanding. When the total amount in the Bond Fund shall equal the total amount of principal and interest for all outstanding Bonds, no further payment need be made into the Bond Fund. Notwithstanding the first sentence of this paragraph, the Reserve Requirement may be decreased for any issue of Parity Bonds when and to the extent the City has redeemed or otherwise defeased any Outstanding Parity Bonds. If there shall be a deficiency in the Bond Fund to meet maturing installments of either ,;are principal or interest, as the case may be, on the Bonds, that deficiency shall be made up from the -15- P:\20584\20584 240 Reserve Fund by the withdrawal of cash therefrom for that purpose and after all cash has been depleted, then by draws on the Alternate Security or Reserve Insurance for that purpose. Any Ned deficiency created in the Reserve Fund by reason of any such withdrawal shall then be made up from Net Revenue first available after making necessary provisions for the required payments into the Bond Fund. Any money in the Reserve Fund in excess of the Reserve Requirement may be withdrawn and deposited in any Parity Bond Fund and spent for the purpose of retiring Parity Bonds or may be deposited in any other fund and spent for any other lawful Waterworks Utility purpose. The City may provide for the purchase, redemption or defeasance of Parity Bonds by the use of money on deposit in the Bond Fund or the Reserve Fund as long as the money remaining in those funds is sufficient to satisfy the required deposits in those funds for the remaining Parity Bonds. All money in the Bond Fund or Reserve Fund may be kept in cash or on deposit in the official bank depository of the City or in any national bank or may be invested in any legal investment for City funds. Interest on any of those investments or on that bank account shall be deposited in the Reserve Fund until the total Reserve Requirement shall have been accumulated therein, after which time the interest shall be deposited in any Parity Bond Fund. Notwithstanding the provisions for the deposit or maintenance of earnings in the Bond Fund or the Reserve Fund, the City also may transfer out of the Bond Fund or Reserve Fund any money required in order to prevent any Parity Bonds from becoming "arbitrage bonds" under the Code. If the City fails to set aside and pay into the Bond Fund or the Reserve Fund the amounts set forth above, the Owner of any of the outstanding Bonds may bring an action against the City to compel that setting aside and payment. Section 15. Rate Stabilization Fund. The City has previously created a Waterworks Rate Stabilization Fund (the "Rate Stabilization Fund"). The City may, at any time, as determined by the City and as consistent with Section 16 of this ordinance, deposit Gross Revenue into the Rate Stabilization Fund, excluding principal proceeds of Parity Bonds or other borrowing. The City may withdraw any or all of the money from the Rate Stabilization Fund for inclusion in Gross Revenue for any fiscal year of the City. Such deposits or withdrawals may be made up to and including the date 90 days after the end of the fiscal year for which the deposit or withdrawal will be included in Gross Revenue. No deposit of Gross Revenue will be made into the Rate Stabilization Fund to the extent that such deposit would prevent the City from meeting the Coverage Requirement. Section 16. Flow of Funds. Gross Revenue on deposit in the Waterworks Utility Fund (other than in any bond redemption or federal rebate account) shall be used in the following order of priority: (a) To pay Maintenance and Operation Expense; -16- P:\20584\20584_24Q (b) To pay the interest on the Parity Bonds, including reimbursements to the issuer of Nit,,. a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of interest on Parity Bonds and the ordinance authorizing such Parity Bonds provides for such reimbursement; (c) To pay the principal of the Parity Bonds, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of interest on Parity Bonds and the ordinance authorizing such Parity Bonds provides for such reimbursement; (d) To make all payments required to be made into any sinking fund or bond redemption fund hereafter created for the payment of Future Parity Bonds which are Term Bonds; (e) To make all payments required to be made into the Reserve Fund, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of interest on Parity Bonds and the ordinance authorizing such Parity Bonds provides for such reimbursement; (f) To make all payments required. to be made into any revenue bond redemption fund or warrant redemption fund and debt service account or reserve account created to pay and secure the payment of the principal of and interest on any revenue bonds or revenue warrants of the City having a lien upon Gross Revenue junior and inferior to the lien thereon for the payment of the principal of and interest on the Parity Bonds; and 'fir►' (g) To retire by optional redemption or purchase in the open market any outstanding revenue bonds or revenue warrants of the City, to make necessary additions, betterments, improvements and repairs to or extensions and replacements of the Waterworks Utility, to make deposits into the Rate Stabilization Fund, or for any other lawful City purpose. Section 17. Pledge of Revenue and Lien Position. The Net Revenue is pledged to the payment of the Parity Bonds, and the Parity Bonds shall constitute a lien and charge upon such Net Revenue prior and superior to any other charge whatsoever. Section 18. Findings Regarding Sufficiency of Revenue. In the judgment of the City Council, Gross Revenue and benefits to be derived from the operation and maintenance of the Waterworks Utility, at the rates to be charged for water, sanitary sewage disposal service and storm and surface water drainage service in the entire utility, will be more than sufficient to meet all Maintenance and Operation Expense (and cost of maintenance and operation of the Waterworks Utility as that term is used in RCW 35.92.100) and the debt service requirements of the outstanding Parity Bonds and to permit the setting aside in the Bond Fund and the Reserve Fund, out of the revenue of the entire utility, of amounts sufficient to pay the interest on the Bonds as that interest becomes payable and to pay and redeem all of the Bonds at maturity. The City Council further declares that in creating the Bond Fund and in fixing the amounts to be paid into the Bond Fund and the Reserve Fund, as aforesaid, it has exercised due regard for the Maintenance and Operation Expense (and costs of maintenance and operation as used in RCW 35.92.100) and the debt service requirements of the currently outstanding Parity Bonds, stow -17- P:\20584\20584 24Q and the City has not bound and obligated itself to set aside and pay into the Bond Fund and the Reserve Fund, a greater amount or proportion of the revenue of that utility than in the judgment of the City Council will be available over and above Maintenance and Operation Expense (and such costs of maintenance and operation of the Waterworks Utility as that term is used in RCW 35.92.100) and debt service requirements of the currently outstanding Parity Bonds and that no portion of the Gross Revenue has been previously pledged for any unrefunded indebtedness other than the payment of the currently outstanding Parity Bonds. Section 19. Covenants. The City covenants and agrees with the Owner of each Bond at any time outstanding as follows: (a) Rate Covenant. It will establish, maintain and collect rates and charges for all services and facilities provided by the Waterworks Utility which will be fair and nondiscriminatory, and will adjust those rates and charges from time to time so that: (1) Gross Revenue will at all times be sufficient to (A)pay all Maintenance and Operation Expense on a current basis, (B)pay when due all amounts that the City is obligated to pay into the Reserve Fund and any Parity Bond Funds and (C)pay all taxes, assessments or other governmental charges lawfully imposed upon the Waterworks Utility or other revenue therefrom or payments in lieu thereof and any and all other amounts which the City may now or hereafter become obligated to pay from Gross Revenue by law or contract; and (2) Net Revenue in each calendar year will be at least equal to the Coverage Requirement. ' tord (b) Maintenance and Repair. It will at all times maintain and keep the Waterworks Utility in good repair, working order and condition and also will at all times operate such Utility and the business in connection therewith in an efficient manner and at a reasonable cost. (c) Disposal of Waterworks Utility. It will not sell, lease, mortgage or in any manner encumber or otherwise dispose of the Waterworks Utility in its entirety unless, simultaneously with such sale or other disposition, all Parity Bonds are defeased pursuant to the provisions of this ordinance. It will not sell, lease, mortgage or in any manner encumber or otherwise dispose of any part of the Waterworks Utility (other than timber), including all additions and improvements thereto and extensions thereof at any time made, that are used, useful or material in the operation of the Waterworks Utility, unless provision is made for the replacement thereof or for payment into the Bond Fund of the greatest of the following: (1) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (defined as the total amount of those bonds less the amount of cash and investments in the Reserve Fund and any Parity Bond Funds) that Gross Revenue from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period; (2) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (as defined above) that the Net Revenue from the portion of the -18- P:120584\20584 24Q Waterworks Utility sold or disposed of for the preceding year bears to the total Net Revenue for v*,,,e that period; or (3) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (as defined above) that the depreciated cost value of the facilities sold or disposed of bears to the depreciated cost value of the entire Waterworks Utility immediately prior to such sale or disposition. Notwithstanding any other provision of this subsection, (1) the City in its discretion may sell or otherwise dispose of any of the works, plant, properties or facilities of the Waterworks Utility or any real or personal property comprising a part of the same which shall have become unserviceable, inadequate, obsolete or unfit to be used in the operation of the Waterworks Utility, or no longer necessary, material to or useful to the operation of the Waterworks Utility, without making any deposit into the Bond Fund, and (2)the City may transfer the Waterworks Utility to another municipal corporation so long as Net Revenue of the portion of the Waterworks Utility so transferred is used for payment of debt service on the Parity Bonds prior to any other purpose. In no event shall such proceeds be treated as Gross Revenue for purposes of this ordinance. (d) Books and Records. It will keep proper books, records and accounts with respect to the operations, income and expenditures of the Waterworks Utility in accordance with proper accounting procedures and any applicable rules and regulations prescribed by the State. It will prepare annual financial and operating statements within 270 days of the close of each fiscal year showing in reasonable detail the financial condition of the Waterworks Utility as of the close of the previous year, and the income and expenses for such year, including the amounts paid into the Bond Fund and Reserve Fund and into any and all special funds or accounts created pursuant to this ordinance, the status of all funds and accounts as of the end of such year, and the amounts expended for maintenance, renewals, replacements and capital additions to the Waterworks Utility. Such statements shall be sent to the Owner of any Parity Bonds upon written request therefor being made to the City. (e) No Free Service. Except to aid the poor or infirm, to provide for resource conservation or to provide for the proper handling of hazardous materials, it will not furnish or supply or permit the furnishing or supplying of any service or facility in connection with the operation of the Waterworks Utility free of charge to any person, firm or corporation, public or private, other than the City, so long as any Parity Bonds are outstanding. On at least an annual basis, it will determine all accounts that are delinquent and will take all necessary action to enforce payment of such accounts against those property owners whose accounts are delinquent. (0 Insurance. It at all times will carry fire and extended coverage and such other forms of insurance, including public liability and property damage insurance, with responsible insurers and with policies payable to or on behalf of the City and any additional insureds on such of the buildings, equipment, works, plants, facilities and properties of the Waterworks Utility, and against such claims for damages, as are ordinarily carried by municipal or privately owned utilities engaged in the operation of like systems, or will implement and maintain a self-insurance or an insurance pool program with reserves adequate, in the reasonable judgment of the City, to protect the Waterworks Utility and the Owners of the Parity Bonds against loss. -19- P:\20584\20584 24Q (g) Maintenance and Operation Expense. It will pay all Maintenance and Operation Expense and the debt service requirements for the outstanding Parity Bonds, and otherwise meet 'tad the obligations of the City as herein set forth. Section 20. Tax Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Tax-Exempt Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Tax-Exempt Bonds. (a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Tax-Exempt Bonds or any other funds of the City which may be deemed to be proceeds of the Tax-Exempt Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which, if such use had been reasonably expected on the date of delivery of the Tax-Exempt Bonds to the initial purchasers thereof, would have caused the Tax-Exempt Bonds as "arbitrage bonds"within the meaning of such term as used in Section 148 of the Code. The City represents that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is an issuer whose arbitrage certifications may not be relied upon. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Tax-Exempt Bonds. (b) Private Person Use Limitation for Bonds. The City covenants that for as long as the Tax-Exempt Bonds are outstanding, it will not permit: (1) More than 10% of the Net Proceeds of the Tax-Exempt Bonds to be used for any Private Person Use; and (2) More than 10% of the principal or interest payments on the Tax-Exempt Bonds in a bond year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or(B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (3) More than five percent of the Net Proceeds of the Tax-Exempt Bonds are to be used for any Private Person Use; and (4) More than five percent of the principal or interest payments on the Tax- Exempt Bonds in a bond year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or -20- P:\20584\20584 24Q Noire (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the projects described in subsection (3) hereof or Private Person Use payments described in subsection (4) hereof that is in excess of the five percent limitations described in such subsections (3) or (4) will be for a Private Person Use that is related to the state or local governmental use of the Project, and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Tax-Exempt Bonds used for the state or local governmental use portion of the project to which the Private Person Use of such portion of the Project relates. The City further covenants that it will comply with any limitations on the use of the projects by other than state and local governmental users that are necessary, in the opinion of its bond counsel, to preserve the tax exemption of the interest on the Tax-Exempt Bonds. (c) Modification of Tax Covenants. The covenants of this Section are specified solely to assure the continued exemption from regular income taxation of the interest on the Tax- Exempt Bonds. To that end, the provisions of this Section may be modified or eliminated without any requirement for formal amendment thereof upon receipt of an opinion of the City's bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Tax-Exempt Bonds. (d) Qualified Tax-Exempt Obligation. The City hereby designates the Tax-Exempt Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for banks, thrift institutions and other financial institutions. The City does not anticipate that it will issue more than $10,000,000 in qualified tax-exempt obligations during 2007 or 2008, respectively. Section 21. Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then-outstanding Bonds (hereinafter collectively called the "defeased Bonds") and to pay the costs of the refunding or defeasance. If money and/or Governmental Obligations maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or decrease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the "trust account"), then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance, in Gross Revenue and in funds and accounts obligated to the payment of the defeased Bonds, other than the right to receive the funds so set aside and pledged, shall cease and become void. The owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the trust account and, if the funds in the trust account are not available for such payment, shall have the residual right to receive payment of the principal of and interest on the defeased Bonds from Gross Revenue without any priority of lien or charge against such revenue or covenants with respect thereto except to be paid therefrom. After the establishing and full funding of the trust account, the City may then apply any money in any other fund or account established for the payment or redemption of the defeased -21- P:120584120584 24Q • Bonds to any lawful purposes as it shall determine, subject only to the rights, if any, of the owners of any other Parity Bonds then outstanding. '"'d If the refunding plan provides that the defeased Bonds or the refunding bonds to be issued be secured by cash and/or Governmental Obligations pending the prior redemption of the defeased Bonds and if such refunding plan also provides that certain cash and/or Governmental Obligations are pledged irrevocably for the prior redemption of the defeased Bonds included in that refunding plan, then only the debt service on the Bonds which are not defeased Bonds and the refunding bonds, the payment of which is not so secured by the refunding plan, shall be included in the computation of coverage for determining compliance with the rate covenants. Within 45 days of any defeasance of Bonds, the City shall provide notice of defeasance of Bonds to Registered Owners of Bonds being defeased, and to the Bond Insurer, if any, and to each party entitled to receive notice in accordance with Section 27. Section 22. Provision for Future Parity Bonds. The City reserves the right to issue Future Parity Bonds if the following conditions are met and complied with at the time of issuance of those additional bonds: (a) There shall be no deficiency in any Parity Bond Fund. (b) The ordinance providing for the issuance of such Future Parity Bonds shall provide for the payment of the principal thereof and interest thereon out of a Parity Bond Fund. (c) The ordinance providing for the issuance of such Future Parity Bonds shall NosiO provide for the deposit into the Reserve Fund from the proceeds of those Future Parity Bonds of (1) an amount equal to the increase in the Reserve Requirement attributable to those Parity Bonds or (2) Reserve Insurance or Alternate Security or an amount plus Reserve Insurance or Alternate Security equal to the increase in the Reserve Requirement attributable to those Future Parity Bonds. For federal income tax purposes, at the discretion of the City, to the extent that the Reserve Requirement cannot be funded from Future Parity Bond proceeds, the City shall provide for deposit into the Reserve Fund other legally available money from Net Revenue or Reserve Insurance or Alternate Security within three years from the date of issuance of the Future Parity Bonds in three approximately equal annual payments. After the 1998 Bonds, the 2002 Bonds, and the 2003 Bonds are no longer Outstanding, this subsection shall be amended to read as follows: (c) The ordinance providing for the issuance of such Future Parity Bonds shall provide for the deposit into the Reserve Fund from the proceeds of those Future Parity Bonds of (1) an amount equal to the increase in the Reserve Requirement attributable to those Parity Bonds or(2) Reserve Insurance or Alternate Security or an amount plus Reserve Insurance or Alternate Security equal to the increase in the Reserve Requirement attributable to those Future Parity Bonds. At the discretion of the City, the City may provide for deposit into the Reserve Fund of other legally available money from Net Revenue or Reserve Insurance or Alternate Security either on or prior to the date of issuance of such Future Parity Bonds or within three years from the date of issuance of the Future Parity Bonds in three approximately equal annual payments and in such event, the ordinance providing for the issuance of such Future Parity Bonds shall provide for such deposit. moi/ -22- P:\20584\20584 240 After the 1998 Bonds, the 2002 Bonds, the 2003 Bonds and the 2004 Bonds are no longer 'two, Outstanding, this subsection shall be amended to read as follows: (c) The ordinance providing for the issuance of such Future Parity Bonds shall provide for the deposit into the Reserve Fund from the proceeds of those Future Parity Bonds of (1) an amount equal to the increase in the Reserve Requirement attributable to those Parity Bonds or (2) Reserve Insurance or Alternate Security or an amount plus Reserve Insurance or Alternate Security equal to the increase in the Reserve Requirement attributable to those Future Parity Bonds. At the discretion of the City, the City may provide for deposit into the Reserve Fund of other legally available money from Net Revenue or Reserve Insurance or Alternate Security on or prior to the date of issuance of such Future Parity Bonds. (d) The ordinance authorizing the issuance of such Future Parity Bonds shall provide for the payment of mandatory redemption or sinking fund requirements into the applicable Parity Bond Fund for any Term Bonds to be issued and for regular payments to be made for the payment of the principal of such Term Bonds on or before their maturity, or, as an alternative, the mandatory redemption of those Term Bonds prior to their maturity date from money in the applicable Parity Bond Fund. (e) There shall be on file with the City either: (1) a certificate of the City Finance Director demonstrating that during any 12 consecutive calendar months out of the immediately preceding 36.calendar months Net Revenue, without regard to deposits into or withdrawals from the Rate Stabilization Fund, is equal to at least the Coverage Requirement for all Parity Bonds plus the Future Parity Bonds Norse proposed to be issued; provided, once the 1998 Bonds, the 2002 Bonds, the 2003 Bonds and the 2004 Bonds are no longer Outstanding, this Section shall be amended to read as follows: a certificate of the City Finance Director demonstrating that during any 12 consecutive calendar months out of the immediately preceding 24 calendar months Net Revenue, without regard to deposits into or withdrawals from the Rate Stabilization Fund, is equal to at least the Coverage Requirement for all Parity Bonds plus the Future Parity Bonds proposed to be issued; or (2) a certificate of a Professional Utility Consultant that in such consultant's opinion Net Revenue for any 12 consecutive calendar months, without regard to deposits into or withdrawals from the Rate Stabilization Fund, shall be equal to the Coverage Requirement for each year thereafter; provided, once the 1998 Bonds, the 2002 Bonds, the 2003 Bonds and the 2004 Bonds are no longer Outstanding, this Section shall be amended to read as follows: a certificate of a Professional Utility Consultant that in such consultant's opinion Net Revenue for any 12 consecutive calendar months out of the immediately preceding 24 calendar months, without regard to deposits into or withdrawals from the Rate Stabilization Fund, shall be equal to the Coverage Requirement for each year thereafter. The certificate, in estimating Net Revenue available for debt services, may adjust Net Revenue to reflect: (A) Any changes in rates in effect and being charged or expressly committed by ordinance to be made in the future; -23- P120584120584 240 (B) Income derived from customers of the Waterworks Utility who have become customers during the 12 consecutive month period or thereafter adjusted to reflect one year's Net Revenue from those customers; (C) Income from any customers to be connected to the Waterworks Utility who have paid the required connection charges; (D) The Professional Utility Consultant's estimate of the Net Revenue to be derived from customers anticipated to connect for whom building permits have been issued; (E) Income received or to be received which is derived from any person, firm corporation or municipal corporation under any executed contract for water, sewage disposal or other utility service, which revenue was not included in the historical Net Revenue; (F) The Professional Utility Consultant's estimate of the Net Revenue to be derived from customers with existing homes or buildings which will be required to connect to any additions to and improvements and extensions of the Waterworks Utility constructed and to be paid for out of the proceeds of the sale of the additional Future Parity Bonds or other additions to and improvements and extensions of the Waterworks Utility when such additions, improvements and extensions are not completed; and (G) Any increases or decrease in Net Revenue as a result of any actual or reasonably anticipated changes in Maintenance and Operation Expense subsequent to the 12-month period. If Future Parity Bonds proposed to be so issued are for the sole purpose of refunding outstanding bonds payable from any Parity Bond Fund, such certification of coverage shall not be required if the amount required for the payment of the principal and interest in each year for the refunding bonds is not increased more than $5,000 over the amount for that same year required for the bonds or the portion of that bond issue to be refunded thereby and if the maturities of such refunding bonds are not extended beyond the maturities of the bonds to be refunded thereby. Nothing contained herein shall prevent the City from issuing Future Parity Bonds to refund maturing Bonds or Future Parity Bonds then outstanding, money for the payment of which is not otherwise available. Nothing contained herein shall prevent the City from issuing revenue bonds that are a charge upon Gross Revenue subordinate to the payments required to be made therefrom into any Parity Bond Fund. Section 23. Sale of Bonds. The City Finance Director is hereby authorized to enter into negotiations with the Underwriter for the sale of the 2007 Bonds and the 2008 Bonds on terms consistent with the terms of this ordinance. The City Council shall by the applicable Sale Resolution approve a Purchase Agreement for the purchase and sale of the 2007 Bonds and the 2008 Bonds, approve the terms of the 2007 Bonds and the 2008 Bonds (including the schedule of maturities, interest rates, redemption times and prices), and may approve the purchase of bond -24- P:\20584\20584 24Q insurance pursuant to a recommendation of the City Finance Director. The City Finance 'err Director is hereby authorized to enter into negotiations with potential bond insurers to provide a bond insurance policy guaranteeing the payment when due of principal of and interest on the 2007 Bonds and/or the 2008 Bonds. Section 24. Delivery of Bonds; Temporary Bonds. The proper City officials, including, but not limited to, the City Finance Director, are authorized and directed (a) to execute all documents necessary to complete the issuance and delivery of the Bonds as of their respective Closing to the Underwriter, including, but not limited to, the final official statement pertaining to the 2007 Bonds and the 2008 Bonds; and (b) to do everything necessary for (1) the preparation and delivery of a transcript of proceedings pertaining to the Bonds, and (2) the preparation, execution and delivery of definitive Bonds to the Underwriter, each without unreasonable delay. If definitive Bonds are not ready for delivery by the date of the applicable Closing agreed to by the City and the Underwriter, the City, upon the approval of the Underwriter, may cause to be issued and delivered to the Underwriter one or more temporary Bonds with appropriate omissions, changes and additions. Any temporary Bonds shall be entitled and subject to the same benefits and provisions of this ordinance with respect to the payment, security and obligation thereof as definitive Bonds authorized hereby. Such temporary Bond or Bonds shall be exchangeable without cost to the Owner thereof for definitive Bonds when the latter are ready for delivery. Section 25. Application of Bond Proceeds. The accrued interest, if any, received by the City at the Closing of the 2007 Bonds and the 2008 Bonds shall be deposited into the Bond Fund and shall be applied to the payment of interest first coming due on the 2007 Bonds or the 2008 Bonds, as applicable. The remaining proceeds of the sale of the 2007 Bonds and the 2008 Bonds, less the underwriter's discount and the bond insurance premium to be paid by the Underwriter on behalf of the City or any other costs of issuance, if any, plus the original issue premium, if any, shall be applied, upon receipt after each Closing, as follows: (a) the amount required to meet the Reserve Requirement for the 2007 Bonds, if any, or the 2008 Bonds, if any, shall be deposited into the Reserve Fund or used to acquire Qualified Insurance, (b) the proceeds of sale of the 2007 Bonds necessary to refund the Refunded Bonds shall be deposited into the Refunding Account, (c) the remaining proceeds of the Tax-Exempt Bonds shall be deposited into the tax- exempt bond subaccount hereby authorized to be created in the Project Fund (the "Tax-Exempt Subaccount") to pay part of the costs of the Project, and (d) the proceeds of the Taxable Bonds shall be deposited into the taxable bond subaccount hereby authorized to be created in the Project Fund (the "Taxable Subaccount") to pay part of the costs of the Project. `err -25- P:\20584\20584_240 o L Except as provided by the Code and Section 20 of this ordinance, the interest and profits derived from the investment of Bond proceeds shall be deposited in the applicable Tax-Exempt Ned or Taxable Subaccount created within the Project Fund and applied as described in the preceding paragraph. Except as provided by the Code and Section 20 of this ordinance, if any money allocable to the Bond proceeds remains in the Project Fund after payment of all the costs of the Project or after termination of the Project by the City, such money shall be transferred to the Bond Fund and applied to the payment of the principal of and interest on the Bonds. Pending application as described in this Section and subject to the requirements of the Code and Section 20 of this ordinance, money allocable to the Bond proceeds in the Project Fund may be temporarily deposited in such institutions or invested in such investments as may be lawful for the investment of City funds. Section 26. Plan of Refunding. (a) Refunding Plan. For the purpose of realizing a debt service savings, the City Council proposes to issue refunding bonds for the purpose of providing for the payment of the principal of and interest on and the redemption price of the Refunded Bonds on December 1, 2012 (the "Refunding Plan"). (b) Refunding Account. There is created an account known as the "2002 Bond Refunding Account" (the "Refunding Account") to be held by the Escrow Agent, which account is to be drawn upon for the sole purpose of paying the principal of and interest on the Refunded Bonds until their date of redemption and of paying costs related to the refunding of these bonds. The proceeds of sale of the 2007 Bonds necessary to refund the Refunded Bonds shall be credited to the Refunding Account. Money in the Refunding Account shall be used immediately upon receipt to defease the Refunded Bonds as authorized by this ordinance and Ordinance No. 4976 and to pay costs of issuance for the 2007 Bonds. The City shall defease the Refunded Bonds and discharge such obligations by the use of money in the Refunding Account to purchase certain Government Obligations (which obligations so purchased, are herein called "Acquired Obligations"), bearing such interest and maturing as to principal and interest in such amounts and at such times which, together with any necessary beginning cash balance, will provide for the payment of: (i) interest on the Refunded Bonds to and including December 1, 2014; (ii) the redemption price of the Refunded Bonds (100% of the principal amount thereof) on December 1, 2014; Such Acquired Obligations shall be purchased at a yield not greater than the yield permitted by the Code and regulations relating to acquired obligations in connection with refunding bond issues. rrr� -26- P:\20584\20584 24Q (c) Escrow Agent/Escrow Agreement. To carry out the refunding and defeasance of %sof the Refunded Bonds, the City hereby appoints U.S. Bank National Association as escrow agent (the "Escrow Agent"). A beginning cash balance, if any, and Acquired Obligations shall be deposited irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The proceeds of the 2007 Bonds remaining in the Refunding Account after acquisition of the Acquired Obligations and provision for the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and safekeeping of the Acquired Obligations and expenses of the issuance of the 2007 Bonds. In order to carry out the purposes of this Section, the Mayor, the City Finance Director and other appropriate officers of the City are authorized and directed to execute and deliver to the Escrow Agent, an Escrow Deposit Agreement, substantially in the form on file with the City. (d) Implementation of Refunding Plan. The City hereby irrevocably sets aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the Refunded Bonds to make the payments described in subsection (b) of this Section. The City hereby irrevocably calls the Refunded Bonds for redemption on December 1, 2014 in accordance with the provisions of Ordinance No. 4976 authorizing the redemption and retirement of the Refunded Bonds prior to their fixed maturities. Said call for redemption of the Refunded Bonds shall be irrevocable after the final establishment of the escrow account and delivery of the Acquired Obligations to the Escrow Agent. `'fir. The Escrow Agent is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of Ordinance No. 4976. The City Finance Director is authorized and requested to provide whatever assistance is necessary to accomplish such redemption and the giving of notices therefor. The costs of publication of such notices shall be an expense of the City. The Escrow Agent is hereby authorized and directed to pay to the Bond Registrar, sums sufficient to pay, when due, the payments specified in of subsection(a) of this Section. All such sums shall be paid from the money and Acquired Obligations deposited with said Escrow Agent pursuant to the previous section of this ordinance, and the income therefrom and proceeds thereof. All such sums so paid to said Bond Registrar shall be credited to the Refunding Account. All money and Acquired Obligations deposited with the bank and any income therefrom shall be held, invested (but only at the direction of the City Finance Director) and applied in accordance with the provisions of this ordinance and with the laws of the State of Washington for the benefit of the City and owners of the Refunded Bonds. The City will take such actions as are found necessary to ensure that all necessary and proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be paid when due. Section 27. Undertaking to Provide Continuing Disclosure. This section constitutes the City's written undertaking for the benefit of the Owners and Beneficial Owners of the Bonds err required by subsection (b)(5)(i) of the Rule. -27- P:\20584\20584 24Q The City hereby agrees to provide or cause to be provided to each then existing NRMSIR and to the SID, if one is created, in each case as designated by the SEC, the following annual financial information and operating data (collectively, the "Annual Financial Information") for each prior fiscal year, commencing in 2008 with the calendar year ending December 31, 2007 with respect to the 2007 Bonds, and commencing in 2008 with the calendar year ending December 31, 2008 with respect to the 2008 Bonds: (a) Annual financial statements prepared in accordance with the generally accepted accounting principles applicable to governmental units, as such principles may be changed from time to time by the Washington State Auditor pursuant to RCW 43.09.200,which statements will not be audited, except that if and when audited financial statements are otherwise prepared and available to the City, they will be provided (the "Annual Financial Statements"); (b) A statement of authorized, issued and outstanding bonded debt secured by the Net Revenue; (c) Debt service coverage ratios; (d) General customer statistics for the Waterworks Utility contained in the final official statement for the Bonds under the heading "The Waterworks Utility—Number of Water Customers," "—Water Billing," "—Number of Wastewater Customers," "—Wastewater Billing," "—Number of Storm Drainage Customers," and "—Storm Drainage Billing" and (e) A narrative explanation of the reasons for any amendments to this Section made during the previous fiscal year and-the impact of such amendments on the Annual Financial Information being provided. The Annual Financial Information shall be provided on or before the last day of the seventh month following the end of such prior fiscal year; provided, after the 1998 Bonds, the 2002 Bonds, the 2003 Bonds and the 2004 Bonds are no longer Outstanding the City shall provide the following Annual Financial Information on or before the last day of the ninth month following the end of the prior fiscal year. The City's current fiscal year ends December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to each then existing NRMSIR and the SID, if any. In lieu of providing such Annual Financial Information, the City may cross-reference to any "final official statement" (as defined in the Rule) available from the MSRB or any other documents theretofore provided to each then existing NRMSIR or the SID, if one is created. If not submitted as part of the Annual Financial Information, then when and if available, the City shall provide its Annual Financial Statements, which shall have been audited by such auditor as shall be then required or permitted by the State law, to each then existing NRMSIR and to the SID, if any. The City further agrees to provide or cause to be provided, in a timely manner, to the SID, if any, and to each then existing NRMSIR, notice of any of the following events with respect to the Bonds, if material: 1. Principal and interest payment delinquencies; -28- P:\20584\20584_24Q 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties;. 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Tax-Exempt Bonds; 7. Modifications to rights of the Owners of the Bonds; 8. Bond calls (optional, contingent or unscheduled Bond calls other than scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act Release 34-23856); 9. Defeasances of the Bonds; 10. Release, substitution or sale of property securing repayment of the Bonds; and 11. Rating changes. Solely for purposes of disclosure, and not intending to modify this undertaking, the City advises that there is no property securing repayment of the Bonds and that interest earned on the Taxable Bonds will not be excluded from gross income of the owners of the Taxable Bonds for federal income tax purposes. The City also agrees to provide or cause to be provided, in a timely manner, to the SID, if any, and to each then existing NRMSIR, notice of its failure to provide the Annual Financial Information for the prior fiscal year on or before the date set forth above. After the issuance of the Bonds, so long as the interests of the Owners or Beneficial Owners of the Bonds will not be materially impaired thereby, as determined by a party unaffiliated with the City (including, without limitation, a trustee for the Owners, nationally recognized bond counsel or other counsel familiar with the federal securities law), or pursuant to a favorable "no-action letter" issued by the SEC, this Section may only be amended in connection with any change in legal requirements, change in law, or change in the identity, nature or status of the obligated person, or type of business conducted, and only in such a manner that the undertaking of the City, as so amended, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. The City's obligations to provide Annual Financial Information and notices of certain events shall terminate without amendment upon the defeasance, prior redemption or payment in full of all of the then outstanding Bonds. This Section or any provision hereof, shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel or other counsel ,o,, familiar with the federal securities laws to the effect that those portions of the Rule which require -29- P:\20584\20584 240 this Section or any such provision are invalid, have been repealed retroactively or otherwise do not apply to the Bonds; and (ii)notifies and provides the SID, if any, and each then existing NRMSIR with copies of such opinion. The right of each Owner or Beneficial Owner of Bonds to enforce the provisions of this Section shall be limited to the right to obtain specific enforcement of the City's obligations under this Section, and any failure by the City to comply with the provisions of this undertaking shall not be a default with respect to the Bonds under this ordinance. The City Finance Director is authorized and directed to take such further action on behalf of the City as may be necessary, appropriate or convenient to carry out the requirements of this Section. The City may elect to submit the information required by this Section to be filed with the NRMSIRs and the SID, if any, directly to DisclosureUSA.org unless or until the SEC withdraws its approval of this submission process. Section 28. Preliminary Official Statement. The City authorizes the City Finance Director to approve preliminary official statements for the 2007 Bonds and the 2008 Bonds and authorizes the distribution of such preliminary official statements in connection with the offering of the 2007 Bonds and 2008 Bonds. Pursuant to the Rule, the City Finance Director may deem the preliminary official statements as final as of their respective dates except for the omission of information dependent upon the pricing of the applicable series of Bonds and the completion of the applicable Bond Purchase Agreement. The City agrees to cooperate with the Underwriter to deliver or cause to be delivered, within seven business days from the date of the sale of the 2007 Bonds and the 2008 Bonds, as applicable, copies of a final official statement in sufficient quantity to comply with paragraph (b)(4) of the Rule and the rules of the MSRB. Following the sale of the 2007 Bonds and the 2008 Bonds in accordance with this ordinance, the City authorizes the use the final official statements, substantially in the form of the applicable preliminary official statements, in connection with the sale of the 2007 Bonds and 2008 Bonds. The City Finance Director is hereby authorized to review and approve on behalf of the City the final Official Statements for the Bonds with such additions and changes as may be deemed necessary or advisable. Section 29. Amendments. (a) The City Council from time to time and at any time may pass an ordinance or ordinances supplemental hereof, which ordinance or ordinances thereafter shall become a part of this ordinance, for any one or more or all of the following purposes: (1) To add to the covenants and agreements of the City in this ordinance, other covenants and agreements thereafter to be observed, which shall not adversely affect the interests of the owners of any Bonds, or to surrender any right or power herein reserved. (2) To make such provisions for the purpose of curing any ambiguities or of curing, correcting or supplementing any defective provision contained in this ordinance in regard *10 to matters or questions arising under such ordinances as the City Council may deem necessary or -30- P:120584120584 240 desirable and not inconsistent with such ordinances and which shall not adversely affect, in any material respect, the interest of the owners of Bonds. In any such supplemental ordinance may be adopted without the consent of the owners of any Bonds at any time outstanding, notwithstanding any of the provisions of subsection (b) of this section. (b) With the consent of the owners of not less than sixty-five percent (65%) in aggregate principal amount of the Bonds at the time outstanding, the City Council may pass an ordinance or ordinances supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this ordinance or of any supplemental ordinance; provided, however, that no such supplemental ordinance shall: (1) Extend the fixed maturity of any Bonds, or reduce the rate of interest thereon, or extend the time of payment of interest from their due date, or reduce the amount of the principal thereof, or reduce any premium payable on the redemption thereof, without the consent of the Owner of each Bond so affected; or (2) Reduce the aforesaid percentage of Bondowners required to approve any such supplemental ordinance, without the consent of the owners of all of the Bonds then outstanding. It shall not be necessary for the consent of Bondowners under this subsection (b) to approve the particular form of any proposed supplemental ordinance, but it shall be sufficient if such consent shall approve the substance thereof For the purpose of consenting to amendments under this subsection (b), the Insurer shall be deemed to be the sole Registered Owner of the Bonds then outstanding. (c) Upon the adoption of any supplemental ordinance pursuant to the provisions of this Section, this ordinance shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations of the City under this ordinance and all owners of Bonds outstanding hereunder shall thereafter be determined, exercised and enforced thereunder, subject in all respects to such modifications and amendments, and all terms and conditions of any such supplemental ordinance shall be deemed to be part of the terms and conditions of this ordinance for any and all purposes. (d) Bonds executed and delivered after the execution of any supplemental ordinance passed pursuant to the provisions of this section may have a notation as to any matter provided for in such supplemental ordinance, and if such supplemental ordinance shall so provide, new Bonds so modified as to conform, in the opinion of the City Council, to any modification of this ordinance contained in any such supplemental ordinance, may be prepared and delivered without cost to the owners of any affected Bonds then outstanding, upon surrender for cancellation of such Bonds in equal aggregate principal amounts. (e) Exclusion of Bonds Owned by City. Bonds owned or held by or for the account of the City shall not be deemed outstanding for the purpose of any vote or consent or other action or any calculation of outstanding Bonds in this ordinance provided for, and shall not be entitled to vote or consent or take any other action in this ordinance provided for. *gripe -3 1- P:\20584\20584 24Q (f) Bonds Held by Securities Repositories. For so long as the Bonds are held in book entry only form, communications with the owners shall be made with the securities depository who is the "Registered Owner" of the Bonds and communications with (and obtaining consents from) beneficial owners shall be made in accordance with the operational procedures of the securities depository that is the"Registered Owner" of the Bonds. Section 30. Contract: Savings Clause. The covenants contained in this ordinance and in the Bonds shall constitute a contract between the City and the Owner of each and every Bond. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction and after final appeal (if any appeal be taken) to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements in this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. Section 31. General Authorization; Ratification of Prior Acts. The Mayor, the City Finance Director and other appropriate officers of the City are authorized to take any actions and to execute documents as in their judgment may be necessary or desirable in order to carry out the terms of, and complete the transactions contemplated by, this ordinance. All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified. Section 32. Effective Date of Ordinance. This ordinance shall be effective upon its passage, approval and five days after publication. led PASSED by the City Council this 22nd day of October, 2007. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this 22nd day of October, 2007. Kathy Keolker, Mayor Approved as to Form: Bond Counsel Date of Publication: -32- P:\20584\20584_240 EXHIBIT A 4••.,r Project Description Proceeds of the Bonds are expected to be used for the following Projects: • Renton Village Storm System Improvement—planning, designing and constructing a storm system to increase capacity. • Gypsy Basin/Ripley Lane Storm System Improvement—replacing an existing culvert which will connect into a 60-inch storm system on the new Seahawks headquarters/training facility site. • SW 34th Street Culvert Replacement—replacing existing culvert to improve conveyance activity, reduce upstream flooding and improve fish passage. • Hazen 565 Zone Reservoir—designing and constructing a 4.2 million gallon reservoir. • Emergency Power to Pump Stations —installing emergency electrical power generation facilities. • Summerwind/Stongate Lift Station Replacement—constructing a new station to ensure sufficient capacity in a rapidly growing area. • Central Plateau Interceptor Phase 2—constructing an interceptor to serve eastern portion of service area. • A-1 P:\20584\20584 240 EXHIBIT B Form of Bonds The Bonds shall be in substantially the following form: UNITED STATES OF AMERICA [Statement of Insurance] No. STATE OF WASHINGTON CITY OF RENTON WATER AND SEWER REVENUE [AND REFUNDING] BOND, [SERIES][2007/2008] [A/B][(TAXABLE)] INTEREST RATE: MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE & Co. PRINCIPAL AMOUNT: lord The City of Renton, Washington, a municipal corporation organized and existing under and by virtue of the laws of the State of Washington (herein called the "City") hereby acknowledges itself to owe and for value received promises to pay, but only from the sources and as hereinafter provided, to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from the date of delivery, or the most recent date to which interest has been paid or duly provided for, at the Interest Rate set forth above, payable on , 20 , and semiannually thereafter on the first days of each December and June until such principal sum is paid or payment has been duly provided for. Both principal of and interest on this bond are payable in lawful money of the United States of America. Interest and principal shall be paid as provided in the Blanket Issuer Letter of Representations (the "Letter of Representations") by the City to The Depository Trust Company ("DTC"). The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). Capitalized terms used in this bond that are not specifically defined have the meanings given such terms in Ordinance No. of the City adopted on October 22, 2007 and Resolution No. of the City adopted on , 20_ (together, the "Bond Ordinance"). Reference is made to the Bond Ordinance and any and all modifications and amendments thereto for a description of the nature and extent of the security for the bonds of this issue, the funds or revenues pledged, and the terms and conditions upon which such bonds are issued. *46004 B-1 P:\20584\20584 24Q rrr This bond is one of an authorized issue of bonds of the City of like date and tenor except as to number, amount, rate of interest and date of maturity in the aggregate principal amount of $ . This issue of bonds is authorized by the Bond Ordinance for the purposes of providing money to pay part of the cost of construction and acquisition of certain improvements to the Waterworks Utility[, refund certain outstanding water and sewer revenue bonds of the City], fund the Reserve Fund, and to pay costs of issuance of the bonds of this issue, all as specified in the Bond Ordinance. [Simultaneously with the issuance of this bond, the City is also issuing its Water and Sewer Revenue Bonds, Series 2008[A/B][(Taxable)] for the purposes specified in the Bond Ordinance.] This bond and the bonds of this issue are payable solely from the special funds of the City defined as the "Bond Fund" and the "Reserve Fund" in the Bond Ordinance. The City has irrevocably obligated and bound itself to pay into the Bond Fund out of the Net Revenue or from such other moneys as may be provided therefor certain amounts necessary to pay and secure the payment of the principal and interest on such bonds. The bonds of this issue are not general obligations of the City. [The bonds of this issue are not "private activity bonds" as such term is defined in the Internal Revenue Code of 1986, as amended (the "Code"). The bonds of this issue have been designated by the City as "qualified tax-exempt obligations" under Section 265(b) of the Code.] The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and duly adopted ordinances of the City. The City hereby covenants and agrees with the owner of this bond that it will keep and perform all the covenants of this bond and of the Bond Ordinance to be by it kept and performed, and reference is hereby made to the Bond Ordinance for a complete statement of such covenants. The City does hereby pledge and bind itself to set aside from the Waterworks Utility Fund out of the revenue of the Waterworks Utility and to pay into the Bond Fund and the Reserve Fund the various amounts required by the Bond Ordinance to be paid into and maintained in such Funds, all within the times provided by the Bond Ordinance. To the extent more particularly provided by the Bond Ordinance, the amounts so pledged to be paid from the Waterworks Utility Fund out of the revenue of the Waterworks Utility into the Bond Fund and the account therein shall be a lien and charge thereon equal in rank to the lien and charge upon said revenue of the amounts required to pay and secure the payment of the outstanding 1998 Bonds, the 2002 Bonds, the 2003 Bonds, [and] the 2004 Bonds[, and the 2007 Bonds] and any revenue bonds of the City hereafter issued on a parity with the bonds of this issue and superior to all other liens and charges of any kind or nature except Maintenance and Operation Expense. The pledge of Net Revenue and other obligations of the City under the Bond Ordinance may be discharged at or prior to the maturity or redemption of the bonds of this issue upon the making of provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. Nose B-2 P:\20584\20584 240 The bonds of this issue are subject to redemption prior to their scheduled maturities as provided in the Bond Ordinance. 'told This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. It is hereby certified that all acts, conditions, and things required by the Constitution and statutes of the State of Washington to exist, to have happened, been done, and performed precedent to and in the issuance of this bond have happened, been done, and performed. IN WITNESS WHEREOF, the City of Renton, Washington has caused this bond to be signed with the facsimile or manual signature of the Mayor, to be attested by the facsimile or manual signature of the City Clerk, all as of this day of , 20_. CITY OF RENTON, WASHINGTON By /s/ facsimile or manual Mayor ATTEST: /s/ facsimile or manual .401110 City Clerk The Bond Registrar's certificate authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION Date of Authentication: , 20 This bond is one of the bonds described in the within-mentioned Bond Ordinance and is one of the Water and Sewer Revenue [and Refunding] Bonds, [Series][2007/2008] [A/B][(Taxable)] of the City of Renton, Washington, dated , 20 . WASHINGTON STATE FISCAL AGENCY, Registrar By Authorized Signer B-3 P:\20584\20584 24Q APPF OVER BY COMMITTEE OF THE WHOLE W ®fl1NCOL COMMITTEE REPORT Date October 15, 2007 Settlement Agreement with MT Development (Referred October 8, 2007) The Committee of the Whole recommends that the Council authorize settlement of the MT Development lawsuit as outlined in the agenda bill. 74-14 -4 °C 1J Toni Nelson, Council P •' nt cc: Larry Warren Mike-tdeloby Cl OF RENTON COUNCILceded tn AGENDA„1LL 1201111111m10 • Submitting Data: For Agenda of October Dept/Div/Board.. AJLS/City Attorney 8, 2007 Staff Contact Zanetta L. Fontes 255-8678 Agenda Status Subject: Consent X MT DEVELOPMENT, Inc. v. City of Renton Publicorrpond Hearing.. Settlement Agreement Correspondence.. Ordinance Resolution Exhibits: Old Business Settlement Agreement New Business Study Sessions Information Recommends Action: Coun ' oncur Approvals: �, ' • t Legal Dept X 61 / Finance Dept ()J,�, Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: MT Development owns a parcel of land just outside the city's border. MT submitted to King County an application for a subdivision development for 18 units on this approximately 3 acres site. King County would not process the application until MT obtained a sewer certificate from Renton and filed an updated title report. Renton denied the certificate because our city code imposed, among other things, a requirement that the development be limited to the city's land use designation in the comp plan. MT refused to limit the number of units and filed the lawsuit. A settlement would result in the termination of any outstanding proceedings in the Court of Appeals and no further proceedings in the superior court. We would agree to process the application promptly and pursuant to the King County standards that predated the recent annexation of the subject parcel. Additionally, in consideration for the city's waiver of all application, processing, impact fees, or other fees that would typically be imposed on a developer, MT Development will not seek any damages or attorneys fees. STAFF RECOMMENDATION: Approve the settlement with MT Development and authorize the Mayor and City Clerk to sign the agreement. Rentonnebagnbilw bh APPROVED BY COMMITTEE OF THE WHOLE CITV ®UNCiL COMMITTEE REPORT Date e1001 October 15, 2007 ADOPTION OF ORDINANCE AUTHORIZING BOND SALE (October 8, 2007) The Committee of the Whole recommends concurrence in the staff recommendation to issue bonds in the approximate amount of $21.2 million to finance the cost of construction of various capital projects within the utility systems as well as to refinance outstanding bonds to lower overall costs. The Committee further recommends that the ordinance regarding this matter be presented for first reading. Toni Nelson, Council Pr-..: t cc: lareuvingtos-ep Mike Bailey,FIS Administrator Ap'MOVED By Crri COUNCIL PUBLIC SAFETY COMMITTEE REPORT Date /6/S-a0G 7 October 15,2007 Misdemeanant Jail Facility Study (Referred 10/1/07) There is insufficient jail space for misdemeanant inmates in King County and the City of Renton has been unable to secure additional beds in the quantity that are needed from contract providers. Additionally, all of the cities in King County,have a contractual obligation to remove misdemeanor inmates from King County Jail by December 31, 2012. The combination of these challenges is forcing cities to look at alternatives for jail needs. As a result of these conditions, Renton is joining with the Cities of Des Moines, Tukwila, and Federal Way, to fund a feasibility study in the amount of$161,000 to examine the feasibility of the construction and operation of a 500 bed multi-jurisdictional misdemeanant jail facility. The City of Renton is acting as the lead agency and will execute the contract with DLR. Renton's financial contribution to the study is$78,890. The Public Safety Committee recommends concurrence in the staff recommendation to contract with DLR Group to complete the feasibility study. It also recommends preparation of the resolution for reading and adoption at the next City Council Meeting, authorizing the Interlocal Agreement between the Cities to pay for the feasibility study. /6/1/,(;; vv• Denis W. . . Chair Don Persson, Vice-chair andy Corman,Member Copy: Kevin Milosevich, Chief of Police PeY1ny 8ar#Iey, Po/ice /419r. lsi-read,h9 /& 12O 7 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING THE 2007 BUDGET BY USING $29,200 FROM THE FUND 010 FUND BALANCE FOR THE PURPOSE OF FUNDING THE CITY OF RENTON'S 2007 AND 2008 RENTON HEART MONTH CAMPAIGNS ($19,200)AND FOR PURCHASING SIX PUBLIC ACCESS DEFIBRILLATORS ($10,000). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in the General Governmental Fund is hereby increased as follows: Fund 2007 Original Budget 2007 Adjusted Budget Increase Budget General Fund - Fire 000.000000.009.5220.0030.31.000000 $1,000.00 $29,200.00 $30,200.00 fir. Total $29,200.00 Source of funds: Reimbursement from Fund 010 to Fund 000 in 2007 Budget. SECTION II. Funds for this line item are hereby added to the 2007 Budget and hereby removed from the year-end fund balance. SECTION III. This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2007. Kathy Keolker, Mayor ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: *41004 Page 2 of 2 X 45V 1 VL 1 /Wad"4 ,acad,rx;xi.d-adierk7 Mail Message N Reply ! Mail From: "'Alan Monday Campbell'<alanbusiness@comcast.net>" -October 8, 2007 9:11 AM <alanbusiness@comcastnet> To: <council@ci.renton.wa.us> CC: <alanbusiness@comcastnet> Subject: Councilmembers Attachments: Mime.822 (1613 bytes) [View] [Save As] I've lived here in the highlads(568 Newport Ave. NE)for 21 years now. Is there nothing that can be done to get all these cars off the house lots and off the street(along 6th street NE-or any other street up here) We have houses with 5, 6 or more vehicles parked on the street and in their yards - many with no or out of date tabs- unusable,junk vehicles.This neighborhood is deteriorating from under us. Are there not ENFORCEABLE regulations that would cover these vehicles? This email request originated from the following link: http://rentonwa.gov/government/default.aspx? id=3212 alaa/vnP19eII 5-6g Np.W Ove. 1� keAth)1 805/ https://webmail.ci.renton.wa.us/gw/webacc?action=Item.ReadChild&Item.Attachment.i d=... 10/9/2007