Loading...
HomeMy WebLinkAboutCouncil 09/22/2003AGENDA RENTON CITY COUNCIL REGULAR MEETING September 22, 2003 Monday, 7:30 p.m. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. SPECIAL PRESENTATIONS: a. I4Q5 RTID (Regional Transportation Investment District) Briefing b. Distinguished Budget Presentation Award 4. PUBLIC HEARING: Real Estate Sign Code Amendments 5. APPEAL: Planning & Development Committee Report re: Urban Crafts Mixed Use Project INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING State law requires that the City establish a process to handle appeals from application of environmental and developmental rules and regulations. The Renton City Council, feeling it was best for the elected representatives to handle the appeals rather than require citizens to go to court, has retained appellate jurisdiction to itself. The courts have held that the City Council, while sitting as an appellate body, is acting as a quasi-judicial body and must obey rules of procedure of a court more than that of a political body. By City Code, and by State law, the City Council may not consider new evidence in this appeal. The parties to the appeal have had an opportunity to address their arguments to the Planning & Development Committee of the City Council at a meeting previously held. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns to the Planning & Development Committee, the City Council may not consider oral or written testimony at the City Council meeting. The Council understands that this is frustrating to citizens and is outside the normal process of open discourse provided to citizenry during the audience comment portion of the City Council meeting. However, this burden of not allowing the Council to be addressed concerning pending appeals is outweighed by the quick, easy, inexpensive and local appeal process provided by the Renton City Council. 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. (CONTINUED ON REVERSE SIDE) r a. Approval of Committee of the Whole meeting minutes of September 15, 2003. Council concur. b. Approval of Council meeting minutes of September 15, 2003. Council concur. c. City Clerk reports bid opening on 9/11/2003 for CAG-03-112, Maplewood Water Treatment Facility and Golf Course Improvements; six bids; engineer's estimate $10,671,956; and submits staff recommendation to award the contract to the low bidder, Mid -Mountain Contractors, Inc., in the amount of $10,644,448. Council concur. d. Development Services Division recommends acceptance of dedication of right-of-way at NW 3rd Ct. to fulfill a requirement of the Reservoir Short Plat (SHP-0 I - 169). Council concur. e. Utility Systems Division recommends approval of an agreement with the Federal Emergency Management Agency (FEMA) to complete the Springbrook Creek floodplain map update. Council concur. (See 11. for resolution.) 9. CORRESPONDENCE 10. OLD BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the chairman if further review is necessary. a. Finance Committee: Fire Station #12 (901 Harrington Ave. NE) Property Surplus; Refunding of Water/Sewer Debt*; Vouchers b. Transportation Committee: Berger/Abam Contract for King County Portion of Duvall Ave. NE Widening Project; Lake Washington Blvd. Slip Plane Project Fund Reallocation; NE 3rd/4th Street Corridor Study Contract 11. ORDINANCES AND RESOLUTIONS Resolution: Springbrook Creek floodplain map update agreement with FEMA (see 8.e.) Ordinances for second and final reading: a. Highlands redevelopment area residential -oriented amendments (1st reading 9/15/2003) b. 2003 Water and Sewer Revenue Refunding Bonds issuance (1st reading 9/15/2003; see 10.a.) 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT vi•1:Nul►1 COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 5:30 p.m. Boeing Environmental Impact Statement Land Use & Zoning • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM RENTON CITY COUNCIL Regular Meeting September 22, 2003 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF KATHY KEOLKER-WHEELER, Council President; TERRI BRIERE; KING COUNCILMEMBERS PARKER; DON PERSSON; RANDY CORMAN; TONI NELSON; DAN CLAWSON. CITY STAFF IN JESSE TANNER, Mayor; LAWRENCE J. WARREN, City Attorney; BONNIE ATTENDANCE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; JASON JORDAN, Senior Planner; JENNIFER HENNING, Principal Planner; PAUL BAKER, Code Compliance Officer, SANDRA MEYER, Transportation Systems Director; NICK AFZALI, Transportation Planning & Programming Supervisor; ALEX PIETSCH, Economic Development Administrator; SHAWNA MULHALL, Development Manager; LESLIE BETLACH, Parks Director; TERRENCE FLATLEY, Parks Manager; KELLY BEYMER, Golf Course Manager; KAREN BERGSVIK, Human Services Manager; DEREK TODD, Assistant to the CAO; ACTING COMMANDER TIMOTHY TROXEL, Police Department. SPECIAL Craig Stone, I-405 Project Director for the Washington State Department of PRESENTATIONS Transportation, provided an update on the three -county Regional WSDOT: I-405 Corridor, Transportation Improvement District (RTID), focusing on the I-405 program. Regional Transportation Mr. Stone reviewed the I-405 business goals: 1) deliver the "nickel package" Investment District (an approved statewide transportation funding plan funded by the five cent gas tax) on time and within budget; and 2) build a ten-year implementation plan to tie in with the regional effort. He stated that funds in the amount of $485 million have been slated for the three I-405 nickel projects in Renton, Bellevue, and Kirkland, which are currently being designed. In the Renton area, one lane will be added northbound between West Valley Hwy. and the SR-167 interchange, and one lane will be added southbound between Maple Valley Hwy. and the SR-167 interchange. Mr. Stone reported on the progress of the I-405 nickel projects, which include continuing the design development and moving forward with the environmental assessments. Describing the regional vision for the I-405 corridor, he detailed the implementation principals directing the vision such as addressing the worst first; building logical segments; minimizing risk, delays, and construction impacts; and achieving modal balance. Continuing, Mr. Stone stated that of the funding packages being developed for the region, the "C" package is being recommended since it provides the functionality that is essential for the first investments over the next ten years. He detailed the traffic improvements within the recommended package, reviewed the package costs and funding levels, and explained how the funding will be matched to the transportation projects list. In regards to the Renton area, Mr. Stone described the potential traffic improvements in North Renton (SR-169 to Coal Creek) and in South Renton (I-5 to SR-169), and discussed the different alternates for the SR-167 interchange. September 22, 2003 Renton City Council Minutes Page 338 In response to Councilman Parker's inquiry regarding King County Executive Ron Sim's transportation proposal, Mr. Stone confirmed that the proposal includes transit components, which would entail a legislative change for authorization. He stated that King County is working towards developing a well-balanced transportation package. Responding to Councilman Clawson's inquiry regarding the SR-167 interchange and the proposal for additional transit lanes (Alternate B), Mr. Stone explained that along the I-405 corridor, the current transit lanes are carrying a large number of vehicles, and without freeway -to -freeway access, those vehicles must travel through the SR-167 interchange. The additional transit lanes would alleviate that, resulting in a continuous system from Auburn to Bothell. Councilman Corman commented that Alternate A was rejected since a bottleneck will be created if additional lanes are added to 1-405 while only having one off -ramp. He questioned the feasibility of the transit tie alternate, saying that the single -occupancy vehicle speed will decrease through the SR- 167 interchange. Pointing out that a flyover ramp may be needed to alleviate that problem, Mr. Corman stated that more work needs to be done on the project design. Mr. Stone reiterated that the phasing options of the SR-167 interchange need to be coupled with the phasing options of the I-405 corridor investment levels. PUBLIC HEARING This being the date set and proper notices having been posted and published in Development Services: Real accordance with local and State laws, Mayor Tanner opened the public hearing Estate Sign Code Amendments to consider the proposed real estate sign code amendments, including garage sale sign code amendments. Senior Planner Jason Jordan stated that the Real Estate Signs Design Review Team was formed to review the existing real estate sign code in a response to issues that have been presented to Council from home and business owners throughout the City. He reviewed the different types of real estate signs, and summarized the issues as follows: real estate sign requirements are dated and confusing; real estate and garage sign regulations are scattered throughout the entire sign regulations; some sections of the real estate sign code are unenforceable; and garage sale sign code requirements do not specify location and duration. Continuing, Mr. Jordan stated that the review team recommends that the real estate and garage sale sign regulations be amended to clarify what and where the signs are allowed, to organize the real estate sign code section, to simplify the sign code regulations for the public and City staff, and to create enforceable sign code regulations. He concluded by relaying examples of the proposed amendments, which include modifying the size and location of off -premise real estate signs, clarifying which real estate signs are prohibited, and adding real estate sign definitions. Council President Keolker-Wheeler suggested that the garage sale sign regulations be made distinct from the real estate sign code regulations, and pointed out that garage sale sign enforcement is difficult. Code Compliance Officer Paul Baker noted that the real estate signs and garage sale signs are each listed within their own category under the temporary sign code. Public comment was invited. September 22, 2003 Renton City Council Minutes Page 339 Sam Pace, realtor and Seattle -King County Association of Realtors Housing Specialist, 12015 115th Ave. NE, #195, Kirkland, 98034, noted that the association of realtors was not part of the sign design review team, and he indicated three areas of concern regarding the proposed real estate sign code amendments. First, Mr. Pace detailed the importance of real estate signs, noting that the elimination of signs would take away the real estate agent's and property owner's most effective tool. Second, he indicated that the signs help achieve the objectives of the 1988 Federal Fair Housing amendments to the Civil Rights Act of 1968. Third, Mr. Pace noted his concerns regarding some of the proposed amendments such as the allowed text for open house signs, and posting time allowed for on -premise real estate signs for plats. Continuing, Mr. Pace suggested including additional restrictions for real estate open house signs, which state that signs must not block driveways or curb cuts; must not be placed on trees, foliage, utility poles, or on regulatory, directional, or informational signs; and must not impede vehicular, bicycle, pedestrian, or wheelchair traffic. Responding to Councilman Clawson's inquiry regarding posting signs in a maintained public right-of-way, Mr. Pace stated that it is sometimes difficult to get permission to post the signs from the abutting property owner or representative. Acknowledging that right-of-way restriction is a complex issue, he suggested focusing instead on prohibiting the conduct that the City does not want. Discussion followed regarding right-of-way sign postings, potential damage to the right-of-way, the types of signs that should be allowed in the right-of-way (A -frame or staked signs), and who is held accountable if the right-of-way is damaged as a result of a sign posting. Councilmembers expressed their appreciation for Mr. Pace's suggestions, and Mr. Pace stated his willingness to help the City with this matter. There being no further public comment, it was MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. APPEAL Planning and Development Committee Chair Briere presented a report Planning & Development regarding the appeal of the Urban Crafts Mixed Use Site Plan and requested Committee modifications (SA-03-035). The Committee convened to consider the appeal of Appeal: Urban Crafts Mixed the decision of the Hearing Examiner dated July 3, 2003. The subject property Use, BDJS Associates, SA-03- is located at 400 Olympia Ave. NE, Renton, Washington. The applicant, H. 035 Lee Johnson of BDJS Associates, sought approval for the construction of a 27,528 square foot retail, office, and creative workspace building. The applicant also requested modifications of the required setbacks along both Olympia Ave. NE and NE 4th St. The Hearing Examiner did not approve the site plan and requested modifications, stating that the building was too large for the site and inconsistent with the Center Suburban (CS) zoning in which it is located. Both the applicant and City staff requested the Hearing Examiner reconsider his decision. The request was prompted by City staffs belief that they had incorrectly designated the front and side yards of the building, thus applying the incorrect setbacks. The motion for reconsideration was denied and an appeal to the City Council followed. September 22, 2003 Renton City Council Minutes Page 340 FINDINGS OF FACT 1) The Committee found that the proper orientation of the proposed building places the front yard along the Olympia Ave. NE frontage, making the required setback a minimum of ten feet. 2) The Committee found that the building as proposed would provide only a five-foot setback, thus requiring a modification. 3) The Committee found the requested front yard setback to be minor in nature. 4) The Committee found that the proper orientation of the proposed building places the side yard along the NE 4th St. frontage, making the required setback a minimum of ten feet, with no maximum required. 5) The Committee found the building as proposed provides a sixty -foot setback, thus no modification is required. 6) The Committee found the project as proposed consistent with the CS zoning goals. 7) The Committee found the proposed building's lot coverage of approximately 25% makes it of appropriate size and proportion for the subject lot. CONCLUSIONS OF LAW 1) Based on an incorrect orientation of the proposed building, placing the front yard along NE 4th St., the Hearing Examiner's Finding of Fact #16 stated a maximum setback of 15 feet is required. This is a substantial error of fact. 2) Based on the error of fact found in Finding of Fact #16, the Hearing Examiner erroneously concluded that the proposed building did not meet the required front yard setbacks. This was a substantial error of law. 3) The Hearing Examiner's determination, in both the initial hearing and the motion for reconsideration, that the proposed building was too large for the subject site, was a substantial error of fact. RECOMMENDATIONS The Committee recommended that the City Council approve the requested front yard setback modification along Olympia Ave. NE. The Committee further recommended the City Council approve the site plan with the conditions proposed on page ten of the Hearing Examiner's decision dated July 3, 2003. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ADMINISTRATIVE Derek Todd, Assistant to the Chief Administrative Officer, reviewed a written REPORT administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2003 and beyond. Items noted included: Dogs and their owners will have their own designated off -leash area in South King County when the new Grandview Park is dedicated and opened on October 4 at 10:00 a.m. The new off -leash area is located in the City of SeaTac at S. 228th St. and Military Rd. S. September 22, 2003 Renton City Council Minutes Page 341 The City of Renton Neighborhood Grant Program has launched its second round of grant funding, and $46,700 remains for 2003 projects. Grant applications are due by 5:00 p.m. on October 3, 2003. Board/Commission: Human Human Services Manager Karen Bergsvik introduced Cristen Baca, the newest Services Advisory Committee member of the Human Services Advisory Committee. Ms. Baca stated that she Member Introduction, Cristen is looking forward to serving the community. Baca AUDIENCE COMMENT Inez Petersen, 3306 Lake Washington Blvd. N., Apt. 3, Renton, 98056, Citizen Comment: Petersen - expressed her concern regarding the treatment and apparent eviction of Carlos Aguilar Eviction from 311 Aguilar from the Awareness of Life Church property located at 311 Smithers Smithers Ave S Property Ave. S. Noting her belief that State law overrides City Code, Ms. Petersen urged the City to treat Mr. Aguilar legally and fairly. Citizen Comment: Aguilar - Chavez "Carlos" Aguilar, 311 Smithers Ave. S., Renton, 98055, presented the Aguilar Eviction from 311 City with his notice to vacate property located at 311 Smithers Ave. S. Mr. Smithers Ave S Property Aguilar stated that proper notices to vacate have not been served to him according to the State Landlord -Tenant Act, and he stressed that the eviction process requires proper notification and the use of the proper forms. Mayor Tanner stated that the City is not going to get involved with landlord - tenant actions, which are a civil matter. The City's interest in the matter only pertains to the trailer located on the property, which is in violation of City Code. City Attorney Larry Warren explained that according to City Code, the occupancy of the structure on the subject property is in violation of the property's zoning, and will be enforced as a violation of the zoning code. The property owner will be notified that there is an illegal structure being occupied on the premises, and if that situation is not remedied, a citation will be issued. Additionally, the tenant of the illegal structure will also be noticed and if the violation continues, the tenant will be issued a citation. Planning/Building/Public Works Administrator confirmed that a letter has been sent to Mr. Aguilar informing him of the zoning code violation, and the City intends to provide a notice of violation for compliance by October 1. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilman Persson, item 8.c. was removed for separate consideration. Committee of the Whole Approval of Committee of the Whole meeting minutes of September 15, 2003. Meeting Minutes of September Council concur. 15, 2003 Council Meeting Minutes of Approval of Council meeting minutes of September 15, 2003. Council concur. September 15, 2003 Development Services: Development Services Division recommended acceptance of dedication of Reservoir Short Plat ROW additional right-of-way at NW 3rd Ct. (a half cul-de-sac area of roadway) to Dedication at NW 3rd Ct fulfill a requirement of the Reservoir Short Plat (SHP-01-169). Council concur. Utility: Springbrook Creek Utility Systems Division recommended approval of an agreement with the Floodplain Map Update, Federal Emergency Management Agency (FEMA) to complete the Springbrook FEMA Creek floodplain map update. Council concur. (See page 345 for resolution.) September 22, 2003 Renton City Council Minutes Page 342 MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 8.c. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration City Clerk reported bid opening on 9/11/2003 for CAG-03-112, Maplewood Item 8.c. Water Treatment Facility and Golf Course Improvements; six bids; engineer's CAG: 03-112, Maplewood estimate $10,671,956; and submitted staff recommendation to award the Water Treatment Facility and contract to the low bidder, Mid -Mountain Contractors, Inc., in the amount of Golf Course Improvements, $10,644,448. Mid -Mountain Contractors Responding to Councilman Persson's inquiry regarding funding for this project, Planning/Building/Public Works Administrator Gregg Zimmerman explained that the project has a three-year duration and the funding will be supplied from a combination of sources such as revenue bond issuance, a potential low - interest Public Works Trust Fund loan, and residual equity (fund balance from the utility rates). Mr. Zimmerman confirmed that a 3.0 percent water system rate increase, the first in eight years, will be proposed during the budget deliberations; however, sufficient funding is available for the project without the rate increase.. Mayor Tanner stated that he is convinced that a water rate increase is necessary for the overall benefit of the water utility. Mr. Zimmerman indicated that the utilities revenue rate has been increasing at a slower pace than the expenditure rate, and the capital fund reserves are now depleted. Pointing out that this necessary project has been in the works for many years, it was MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL APPROVE THE BID AWARD AS PRESENTED.* Responding to Council President Keolker Wheeler's inquiry regarding what projects will be cut in order to pay for this project if a rate increase does not occur, Mr. Zimmerman stated that the proposed 2004 Capital Improvements Program would be reviewed to determine if any projects would need to be deferred or delayed. He explained that the proposed rate increase would stabilize the downward trend of the fund balances and avoid future rate spikes. Councilman Corman pointed out that water supply structures in the Highlands need updating in order to meet Federal government water quality requirements. Mr. Zimmerman added that over the next few years, current water supply quality advisory rules may change to water quality requirements, resulting in the need for additional funding to institute the regulations. *MOTION CARRIED. Development Services: Council President Keolker-Wheeler inquired as to the status of the Reservoir Reservoir Short Plat ROW Short Plat (SHP-01-169) now that Council has approved the dedication for Dedication at NW 3rd Ct right-of-way (consent agenda item 8.d.). Mr. Zimmerman reported that the project is currently being finalized and once the dedication is completed, the short plat will be recorded with King County. He indicated that the improvements are complete, the erosion problems have been stabilized, and City staff has been working with the neighbors to address their concerns regarding the project. September 22, 2003 Renton City Council Minutes .Page 343 OLD BUSINESS MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, AJLS: City Seal Copyright COUNCIL REFER TO THE ADMINISTRATION THE ATTAINMENT OF A COPYRIGHT FOR THE CITY OF RENTON CITY SEAL. CARRIED. Finance Committee . Finance Committee Chair Parker presented a report recommending the second Finance: Bond Issuance, Water and final reading of the bond ordinance approving the sale of $8,035,000 in & Sewer Revenue Refunding refunding water sewer revenue bonds. These bonds were sold on Thursday, September 18, 2003. The bonds carried coupon interest rates of 2.0 percent to 3.7 percent, but were sold at a premium with yields of 1.1 percent to 3.7 percent. The City sold $8,035,000 in refunding bonds to refund $8,400,000 of outstanding principal. However, due to the historically low interest rates, the City will save $1,369,000 over the next ten years in interest payments. MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 345 for ordinance.) Finance: Vouchers Finance Committee Chair Parker presented a report recommending approval of Claim Vouchers 218991--219388 and two wire transfers totaling $1,971,581.01; and approval of Payroll Vouchers 46557 - 46791, one wire transfer and 566 direct deposits totaling $1,726,000.09. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Works: Surplus of City- Finance Committee Chair Parker presented a report regarding the initiation of Owned Property, 901 the surplus property procedure for Fire Station #12 located at 901 Harrington Harrington Ave NE Ave. NE. The Committee recommended concurrence in the recommendation of staff to approve the initiation of the surplus property procedures (City Policy & Procedure #100-12), authorize Property Services to order an appraisal, and set a public hearing on this matter for November 17, 2003. MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Persson presented a report Committee regarding the supplement to the consultant agreement with Robert Bernstein, Transportation: NE 3rd/4th Inc. for the NE 3rd and 4th Street Corridor Study (CAG-0 1- 19 1). The Street Corridor Study (CAG- Committee recommended that Council approve a budget adjustment in the 01-191), Fund Transfer Transportation Capital Improvement Fund (317) to transfer $19,800 from the 2003 Project Development and Pre -Design Program into this project. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation: Duvall Ave Transportation (Aviation) Committee Chair Persson presented a report NE Improvements King regarding the contract for the King County portion of the Duvall Ave. NE County Portion, Berger/Abam Widening Project. The Committee recommended that Council: Engineers . Add this additional King County Duvall Ave. CIP (Capital Improvement Program) project to the 2003 Transportation budget pursuant to the TIP (Transportation Improvement Program). • Approve a budget adjustment in the Transportation Capital Improvement Fund (317) to transfer $135,000 from the Duvall Ave. NE and NE Sunset Blvd. to the City Limits Project 2003 allocation into this project. (The overall total 2003 appropriation will not be revised.) • Authorize the Mayor and City Clerk to enter into the proposed agreement with Berger/Abam Engineers for design services for the Duvall Ave. NE Widening Project in unincorporated King County. September 22, 2003 Renton City Council Minutes Page 344 MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL. CONCUR IN THE COMMITTEE REPORT. CARRIED. Responding to Councilman Clawson's question regarding the City's cost, Councilman Persson stated that King County is paying for this portion of the Duvall Ave. NE Widening Project, and the City of Renton is managing the entire project. Transportation: Lake WA Blvd Transportation (Aviation) Committee Chair Persson presented a report Slip Plane Project, Fund recommending that Council approve the reallocation of funds in the amount of Transfer $120,000 from the Transit Priority Signal System Program (2003-2008 TIP #6) to the Lake Washington Blvd. Slip Plane project (2004-2009 TIP #52). It is further recommended that the project be added to the list of projects requiring expenditures in 2003. * Councilman Persson explained that a section of Lake Washington Blvd. is slipping down the hill and could destroy a major sewer line. This fund allocation is for the first portion of the project, which entails the engineering of a wall to prevent the slippage. Planning/Building/Public Works Administrator Gregg Zimmerman added that this area is close to the Newcastle city limits *MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chair Corman presented a report regarding the Cedar River Community Services: Trail Integrated Pest Management. The Committee recommended concurrence Integrated Pest Management in the staff recommendation to proceed with formalizing an Integrated Pest Program Management Program modeled after the City of Portland, Oregon with the goal of adopting a program that is Endangered Species Act (ESA) compliant. A consultant will be hired with park experience, and citizen input will be solicited during a public hearing review process. The Integrated Pest Management Program will be presented to Council for review and adoption. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT.* In response to Council President Keolker-Wheeler's inquiry regarding the study performed by Cascadia Consulting Group regarding Integrated Pest Management (IPM), PlanningBuilding/Public Works Administrator Gregg Zimmerman confirmed that the study was completed and elements of the study were put into effect. At the time, it was thought that the report would be incorporated into the City's ESA response; thus the report was left as a final draft and never formally adopted. Ms. Keolker-Wheeler questioned why another study is needed when one has already been completed. Councilman Parker stated that there have been changes regarding the control of weeds and pests, and the new study will address the changes in technology and review the City of Portland's IPM program. Leslie Betlach, Parks Director, explained that the Cascadia Consulting Group report was financed by a Department of Ecology grant, and the study examined how the City of Renton manages areas where chemicals could potentially be used. One of the recommendations of the report was that the City adopt an IPM policy, and Ms. Betlach noted that a number of suggestions from the report have been utilized. September 22, 2003 Renton City Council Minutes Page 345 Continuing, Ms. Betlach stated that Renton now needs to adopt policy, and upon review of policies from other jurisdictions, staff discovered that the City of Portland's IPM program consists of a policy and a plan that is ESA compliant. She indicated that the City has adopted IPM practices but no policies or ordinances. Ms. Betlach reported that funds in the amount of $50,000 have already been budgeted for this project, and she is meeting with a potential consultant this week. Council President Keolker-Wheeler stated that she did not understand the need to start over, and suggested that Cascadia Consultant Group finalize the report and include information from the City of Portland's plan. Councilman Clawson stated that the Cascadia report provided direction, and the next step is to generate policies and implement the IPM program, which was beyond the scope of the original project. Ms. Betlach added that the Cascadia report was a broad analysis of how the City manages its public properties, and the City of Portland's plan consists of a set of policies and procedures that are more specific. Councilwoman Briere reported that some comments and concerns raised by citizens regarding the City's use of chemicals were very specific, and she stated that the creation of a set of policies and procedures that address the specifics is important. *To allow more time for review, it was MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL TABLE THIS MATTER FOR TWO WEEKS TO OCTOBER 6, 2003. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3660 A resolution was read authorizing the Mayor and City Clerk to enter into an Utility: Springbrook Creek interlocal agreement with the Federal Emergency Management Agency Floodplain Map Update, (FEMA) regarding the Springbrook Creek floodplain map update. MOVED FEMA BY KEOLKER-WHEELER, SECONDED BY BRIERS, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance #5018 An ordinance was read amending Chapters 4-2, 4-3, and 4-4 of Title IV Planning: Highlands (Development Regulations) of City Code to allow urban style multi -family Redevelopment Area, housing in the Suburban Center Overlay District within the Highlands Harrington Square redevelopment area. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5019 An ordinance was read relating to the waterworks utility of the City, including Finance: Bond Issuance, Water the sewerage system as a part thereof; providing for the issuance of $8,035,000 & Sewer Revenue Refunding aggregate principal amount of Water and Sewer Revenue Refunding Bonds, 2003, of the City for the purpose of obtaining the funds with which to refund, on a current basis, and defease all of the City's outstanding Water and Sewer Refunding and Improvement Revenue Bonds, 1993, and to advance refund and defease all of the City's outstanding Water and Sewer Revenue Bonds, 1994; fixing the date, form, denominations, maturities, interest rates, terms and covenants of the bonds; providing for bond insurance; and approving the sale and providing for the delivery of the bonds to D.A. Davidson & Co., Seattle, September 22, 2003 Renton City Council Minutes Page 346 Washington. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilman Persson complimented City staff and contractor, Gary Merlino Streets: S Grady Way Construction Company, on their handling of the traffic control for the S. Grady Westbound Lanes Weekend Way westbound lane closure needed for the pavement rehabilitation project. Closures Police: Staffing MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL REFER THE MATTER OF POLICE DEPARTMENT STAFFING TO THE PUBLIC SAFETY COMMITTEE. CARRIED. ADJOURNMENT MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 9:54 p.m. ' � 4 . wCL d 7� BONNIE I. WALTON, City Clerk Recorder: Michele Neumann September 22, 2003 CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING September 22, 2003 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 9/29 No Meeting (5th Monday) (Keolker-Wheeler) COMMUNITY SERVICES (Nelson) FINANCE (Parker) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY (Clawson) MON., 10/06 Emerging Issues; 6:00 p.m. Information Technology Demonstration; *Council Regional Annexation Update Conference Room* MON., 10/06 Steve Maxwell Appointment to Board of 5:30 p.m. Adjustment MON., 10/06 5:00 p.m. THURS., 10/02 2:00 p.m. TRANSPORTATION (AVIATION) THURS., 10/02 (Persson) 4:00 p.m. UTILITIES (Corman) THURS., 10/02 3:30 p.m. Vouchers 2003 Comprehensive Plan Amendments (Non -Boeing) Rainier Ave. S. Corridor Study (briefing only) Private Street Lighting Systems NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. r ® Mobilizing staff - 75 people on board ® Engaging on -call consultants ® Considering re -phasing strategy for nickel. projects 1 0 Proiect Kick-off• Ptoied Starts N.a4enton EA "Duty 2003 August,3003 - Kirkland EA July 2003 ' January 3004 ��South Renton/ July 2003 .<, w5pnng,�004 a .Tukwila EA '. Bellevue EA : July 2063 Spring 2004 6 wv4d !T v t'i� Worstflrst Fulfill'the.Vision Build Logical Segments tarty Environmental Action Minimize Risk £rDelays ,Minimize Construction Impacts Modal Balance, Take Early Actions a 2 DlA 'Renton: Is �, 569ko Gad A. Two additional lanes each"direction 1 `Auxiliary. {anes NE Park Drive'to Coat Creek ®,Reconfigurelnterchange's`, ' a SR'169 (split diamond with N 20realign Sunset) Paik,, NE 30'^t,NE,44!", 112N Ave SE " Braiding of ramps -at Coal Greek. ' 6 HOV Investnierits HOV by-pass on,on-ramps ® North 8t^ Direct Access ` -e NE 44a 00 siieetj Direct mci Y • 112t^ Flyer Stop - p "'Mcgmniodation for,plarined developments 1 ua Sg _ o:Design Refinements Scoping Mtg. 9/17/03 �`Kennydale Elementary School 7 attendees from the public 6A6i"dents,seem informed, aware of environmental issues o Written comments w Noise concerns ® Property concerns ,o 3 its e South Re. htor",; It bl o; m; ;1 lane each direction from I-S to SR'181 f:. ;. ®:24anes each direction fromSR 181.to'SR 169 e 1lane each direction on SR 167 from.l-5 to SW 43 o; "SR 167 Interchange a.` Separate.local access from "system to-systeii access " r� *'Renton access at Liod and Talbot •. Reconnec't,Grady Way to East Valley Highviay •-d GP and HOV direct "tamps , ' i. �' e ikov intact access'at Rainier Ave O. MORfM- �CYLIr1iY' V 4 "w WA Lq ode ;Revi ions ISSUE: The Real Estate Signs Design Review Team has developed a series of recommended amendments to Chapter 4 of Title 4 as part of its review of the existing Real Estate Sign Code. These recommended amendments respond to issues that have been presented to Council from home and business owners throughout the City, and have been identified by staff as necessary code amendments. Some of the amendments include modifying the size and location of off -premise real estate signs, clarifying which real estate signs are prohibited, and adding real estate sign definitions. The amendments are being proposed in a continuing effort to clarify and/or simplify the City's zoning and development regulations, while ensuring that critical regulations are clearly stated, readily available and enforceable. RECOMMENDATION: The Development Services Division is recommending to amend the real estate sign and garage sale sign regulations in order to be more in line with current real estate industry standards, while taking into consideration neighborhood impacts along with the enforceability of the code._ CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: August 27, 2003 TO: Planning and Development Committee FROM: Real Estate Sign Design Team STAFF CONTACT: Jason Jordan x7219 SUBJECT: Real Estate Sign Code Revisions As requested at the August 21, 2003 Planning & Development Committee meeting I have made some minor changes to the proposed real estate sign code amendments. For your use and review, I have outlined the requested changes in blue. A quick recap of those changes include: allowing text and logos on decorative flags, amending the proposed flag permit fee to $25.00 per entrance, requiring an abutting property owner's approval for real estate directional signs only if the abutting property is maintained or developed, modifying the real estate directional sign permit to be valid for six months with a six month extension, and reducing the real estate sign directional permit fee to $25.00. ISSUE: The Real Estate Signs Design Review Team has developed a series of recommended amendments to Chapter 4 of Title 4 as part of its review of the existing Real Estate Sign Code. These recommended amendments respond to issues that have been presented to Council from home and business owners throughout the City, and have been identified by staff as necessary code amendments. Some of the amendments include modifying the size and location of off -premise real estate signs, clarifying which real estate signs are prohibited, and adding real estate sign definitions. The amendments are being proposed in a continuing effort to clarify and/or simplify the City's zoning and development regulations, while ensuring that _ critical regulations are clearly stated, readily available and enforceable. This issue paper is slightly different from the standard issue paper format. Recommended amendments are bulleted below, followed by code text amendments shown in underline and strike -through legislative format. RECOMMENDATION: • RMC 4-4-100B6o, relating to exceptions from permit requirements: Staff recommends amending this section of the sign code to coincide with the proposed sign code changes. Specifically, staff is recommending that open house signs, freestanding signs and garage sale signs be exempt from having to obtain a sign permit. This modification is necessary as some of the real estate signs require sign permits, while others don't. o. Real Estate Signs: sale, lease 9F Font and RGt eXGeedinq rsix (65) 6quaFe feet in area Q-A AAA- faG8 OF 1966 area W.- Iets thiFty five thau6and (35,000) squaFe feet or les;s; iR area, and Rot 9XGeediA19 Open House signs, Free Standing siqns and Garage Sale signs as described in Subsection J. RMC 4-4-100136h, relating to Garage Sale Signs. Staff recommends adding "Garage Sale Signs" to the list of signs that are exempt from sign permit requirements. Staff also recommends adding a reference to the location of the revised garage sale sign information within the code. This amendment would clarify that garage sale signs are exempt. The amendment also directs users to the applicable garage sale sign code requirements. Lastly, staff recommends inserting garage sale signs in alphabetical order as shown below. h. Garage Sale Signs (See RMC 4-4-100J3) Jai. Holiday Displays: Temporary signs and decorations customary for special holidays, observed by the federal, state or municipal government erected entirely on private property. (Amd. Ord. 4848, 6-26-2000) +j. Memorial Signs: Memorial signs or tables, names of buildings and dates of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. (Ord. 4629, 8-19-1996; Amd. Ord. 4848, 6-26-2000) fk. Modifications Not Requiring Structural or Electrical Changes: i. Outside of City Center: Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires sign permit unless a structural or electrical change is made. (Ord. 4629, 8-19-1996; Amd. Ord. 4720, 5-4-1998) ii. Inside City Center Sign Regulation Boundaries: Painting, repainting or cleaning of an advertising structure shall not be considered an erection or alteration which requires sign permit unless a structural or electrical change is made. A change of sign face shall be subject to permit requirements. (Ord. 4720, 5-4-1998; Amd. Ord. 4848, 6-26-2000) ki. Open House Signs. (Amd. Ord. 4848, 6-26-2000) tm. Political Signs: Political signs less than twelve (12) square feet on one face as herein defined. (Amd. Ord. 4848, 6-26-2000) fRn. Public Art: Sculptures, wall paintings, murals, collages, banners and other design features which do not incorporate advertising or identification, consistent with the provisions and procedures of the Public Art Exemption, RMC 4-9-160. (Amd. Ord. 4848, 6-26-2000) ,Ro. Public Service Signs: Nonadvertising and nonpromotional signs such as citizen recognition signs, neighborhood welcome signs, signs indicating scenic or historic points of interest, or other signs of similar nature as determined by the Development Services Division. Such signs may be located in any zone and shall require approval of the Development Services Division. These signs may be located on or over public rights -of -way with approval of the sign placement by the City of Renton Transportation Systems Division. (Amd. Ord. 4848, 6-26-2000) op. Real Estate Signs: Real estate signs offering the immediately adjacent premises for sale, lease or rent and not exceeding six (6) square feet in area on one face or less in area for lots thirty five thousand (35,000) square feet or less in area, and not exceeding thirty two (32) square feet in area on one face for lots over thirty five thousand (35,000) square feet in area. (Amd. Ord. 4848, 6-26-2000) pg. Safety Information Signs: Signs of public service companies indicating danger and/or service or safety information. (Amd. Ord. 4848, 6-26-2000) qr. Small Parking and Traffic Control Signs: Parking and traffic control signs two (2) square feet or less on private property. (Amd. Ord. 4848, 6-26-2000) rs. Small Wall Signs: One on -premises sign, not electrical or illuminated, two (2) square feet or less on one face which is affixed permanently on a plane parallel to the wall on the wall located entirely on private property. (Amd. Ord. 4848, 6-26-2000) st. Weekend and Holiday Display Signage for Vehicle and Vessel Sales in the Auto Mall Overlay Districts: Balloons, with no limit on size or number per site, may be displayed on Fridays, Saturdays, and Sundays, federal legal holidays and December 26 — 31. (Ord. 4848, 6-26-2000) tu. Banner Signage for Vehicle and Vessel Sales in the Auto Mall Overlay Districts: Wall -hung and pole -hung banners are permitted as follows: i. Wall -Hung Banner Size and Location Limitations: Wall -hung banners shall not exceed one hundred (100) square feet in size. There are no restrictions on the number per wall or number per site. Wall -hung banners shall not cover up permanent signage or address numbers. ii. Pole -Hung Banner Size and Location Limitations: Pole -hung banners shall not exceed twenty (20) square feet in size. No more than one pole -hung banner shall be located on any on -site pole or light standard. There are no restrictions on the number of pole -hung banners per site. (Ord. 4848, 6-26-2000) • RMC 4-4-100C4, regarding exceptions from prohibited signs and devices. Staff suggests an amendment to allow "decorative real estate flags" This change is necessary as developers have begun utilizing decorative flags to denote the entrance to their subdivisions. 4. Devices of a Carnival Nature: Balloons, flags, pennants/streamers, wind -animated objects, searchlights, inflatable statuary, and similar devices of a carnival nature except as specifically provided in subsections B6, Exemptions from Permit Requirements, E4. Decorative Real Estate Flags and A Event Signs, of this Section. (Amd. Ord. 4848, 6- 26-2000) • RMC 4-4-100C9&10, regarding signs located within the public right-of-way and off premise signs. Staff suggests a text amendment, which clarifies that certain temporary real estate signs are allowed within the public right-of-way and can be located off - premises. 9. Signs on Public Right -of -Way: Signs on public right-of-way other than temporary and portable signs allowed by subsection ; 1 1 1 1 PelitiGal , an 1 A Frame J, of this Section; and subsections 136b, City Sponsored Signs; 136c, City Sponsored or Co -Sponsored Signs and Displays; 136n, Public Service Signs; 136p, Safety Information Signs; and I, Signs on Public Right -of -Way, of this Section. (Ord. 3719, 4-11-1983; Amd. Ord. 4832, 3-6-2000; Ord. 4848, 6-26-2000) 10. Off -Premises Signs: Except temporary and portable -signs allowed by subsections J of this Section; City sponsored signs and public service signs per subsections 136b, City Sponsored Signs; 136c, City Sponsored or Co -Sponsored Signs and Displays; and 136n, Public Service Signs, of this Section. (Ord. 4172, 9-12-1988; Amd. Ord. 4629, 8-19- 1996; Ord. 4832, 3-6-2000; Ord. 4848, 6-26-2000) • RMC 4-4-100C16, regarding prohibited real estate signs. Staff suggests new text, which clarifies the types of real estate signs that are prohibited within the City. Staff believes that this section (Prohibited Signs and Devices) is the most appropriate section to place prohibited real estate signs. 16. Real Estate Signs: a. Any off -premise real estate sign, except open house and real estate directional signs. b. In no case shall any real estate sign be less than four (4) square feet except for open house signs. #:c Any off -premise real estate sign located at the same intersection corner, or location as an approved Public Service Sign or Public Art. GA. Any real estate sign closer than four (4) feet to the edge of a public roadway. e. Any real estate sign placed in a manner as to constitute a public safety hazard as determined by the Development Services Division. RMC 4-4-100E4ai, regarding decorative flags located on properties developed as apartment buildings and subdivisions. Staff suggests a text amendment, which allows apartments and subdivisions to erect decorative real estate flags at entrances to their developments. Staff has noted a proliferation of these decorative flags throughout the City, however, they are not currently allowed nor does the City require a sign permit. These proposed modifications would allow the decorative flags subject to the approval of a sign permit. Decorative Flags: Apartment buildings, residential subdivision developments and similar occupancies located in residential and mixed -use zones may also display decorative flags in accordance with the following requirements: (a) Permit Requirements: Permit Required. (b) Sign Type: A lightweight fabric or similar material t#1at GGRtaiAG RE) text OF l9gG6, supported by a vertical or horizontal staff, (c) Allowed Uses: Multi -family residential complexes and subdivisions of 10 or more units or lots. (d) Maximum Size: Each flag shall not exceed twenty-five (25) square feet. (e) Maximum Height: Flags, including the supports, shall not exceed the height limitations for the zone in which it is located, (f) Sign/Pole Location: Only permissible when located within one hundred (100) feet of the entrance to a subdivision or a multi -family development. The sign/pole shall be located on the development premises and shall be setback a minimum of one -foot from the property line for each foot in height. • RMC 4-4-100E4c&d, regarding real estate sign permits. Staff proposes to eliminate this section of the code as it is discussed under the revised real estate sign permit section. ec. Temporary Signs: Temporary signs per subsection J of this Section are allowed, except for cloth signs over public right-of-way. (Ord. 3719, 4-11-1983; Amd. Ord. 4172, 9-12-1988; Amd. Ord. 4720, 5-4-1998) fd. Public Facilities (Public Buildings, Schools, Parks and Recreation Facilities) Each individual public facility may have one freestanding electronic or manual message board, a maximum of twenty five feet (25') in height and one hundred fifty (150) square feet in size. In addition to the message board sign, each individual facility may have one freestanding sign not higher than six feet (6') above any established grade for each street frontage and no more than one hundred (100) square feet. Freestanding signs shall be no closer than ten feet (10') to any street right-of-way or five feet (6) to any side property line. In addition to the freestanding signs, wall signs are permitted with a total copy area not exceeding ten percent (10%) of the building facade to which it is applied. (Ord. 4766, 3-1-1999) • RMC 4-4-100J2-3, regarding real estate sign permits. Staff proposes to completely revise this portion of the real estate sign code so that the code is more in line with existing real estate industry standards and expectations. The following represents the deletion of the existing real estate code language, which is then followed by new real estate code language. ._ IM M—WiNd - -_ .. 01MI. MY . .. RMC 4-4-100J2, regarding prohibited real estate signs. Staff proposes to add prohibited real estate signs within the real estate sign code section of Chapter 4, Title 4. This would clarify which real estate signs are not allowed within the City limits (please note that these prohibited -signs are also proposed to -be listed -under prohibited signs, - general). 2. Real Estate Signs : a. PROHIBITED REAL ESTATE SIGNS: i. See RMC4-4-100C16 ii. No balloons or other attention -attracting devices may be attached to real estate signs. RMC 4-4-100J2b, regarding off -premise open house real estate signs. Staff proposes to distinguish between off -premise real estate signs amongst other types of real estate signs. One example of an off -premise sign is an open house sign. Staff has attempted to clarify the display duration and location of off -premise signs. b. OFF -PREMISE REAL ESTATE SIGNS: i. OPEN HOUSE SIGNS (a) Permit Requirements: No permit required. (b) Maximum Display Period: In no case shall an open house sign be displayed longer than any 12 hours in a 24 hour period. A seller or their representative shall be present at the property for sale, rent or lease, while the open house sign is being displayed. (c) Allowed Use: For directing potential customers to the site of real estate that is for sale, rent, or tease. (d) Allowable Sign Type: A non -illuminated portable sign comprised of hinged panels configured in the shape of the alphabetic letter "A". The sign text must include the words `open house". "for sale". "for rent", or "for lease". (e) Maximum Size: Four (4) square feet in surface area for each face of the sign. (f) Sign Location: Signs may be placed no closer than 4 feet to the edge of a public roadway, provided that they do not obstruct the vision or pathway of vehicular or pedestrian traffic. (g) Maximum Number: Four (4) off -premises signs per property for sale, rent or lease. (h) Maximum Height: Shall not exceed 10 feet from finished grade. RMC 4-4-100J2bii-iii, regarding off -premise real estate directional signs. Staff proposes to distinguish between off -premise real estate directional signs outside of the City Center Sign Regulation Boundary and inside the City Center Sign Regulation Boundary. Developers have stressed that downtown projects require different real estate sign requirements than developments located outside of the downtown area. Therefore, staff is proposing two real estate directional sign standards (outside and inside the downtown), which are very similar except for sign location and spacing. REAL ESTATE DIRECTIONAL SIGNS(Outside of the City Center Sign Regulation Boundary as depicted in RMC 4-4-1001-13): (a) Permit Requirements: Permit required. When located in the public right-of-way an applicant must have the approval of the abutting property owner or representative if the abutting property owner or representative is maintaining the right-of-way where the sign is proposed to be located. (b) Maximum Display Period: Maximum of six (6) months with a six (6) month extension. (c) Allowed Use: These signs are intended for the original sale, rental, or lease of property divided into 10 or more lots or for a newly created multi -family complex of 10 or more units for sale, rent or lease within the corporate limits of the City of Renton. The Development Services Division may also approve these signs for use by multi -family complexes that have completed major renovation in excess of 50% of appraised structure value of at least ten (10) rental units located within the corporate limits of Renton. The real estate directional sign permit shall not be approved if the development is 75% or more occupied or sold. (d) Allowable Sign Type: Any non -illuminated type of freestanding sign. (e) Maximum Size: Twelve (12) square feet on one face. (f) Sign Location: Must be within two (2) miles (driving distance on a Public roadway) of the premises it advertises. Signs may be placed no closer than four (4) feet to the edge of a public roadway, provided that they do not obstruct the vision or pathway of vehicular or pedestrian traffic. (g) Maximum Number Per Intersection: A maximum of two (2) real estate directional signs shall be allowed at any one intersection and only one sign per development shall be allowed at each intersection. (h) Minimum Spacing Between Intersections: Real estate directional signs shall be placed no closer than five hundred (500) feet to any other real estate directional sign and no closer than 100 feet to an intersection. (i) Maximum Height: Shall not exceed ten 00) feet from finished grade. iii. REAL ESTATE DIRECTIONAL SIGNS (Within the City Center Sign Regulation Boundary as depicted in RMC 4-4-1001-13): (a) Permit Reguirements: Permit re uired. When located in the public right-of-way an applicant must have the approval of the abutting property owner or representative if the abutting property owner or representative is maintaining the right-of-way where the sign is proposed to be located. (b) Maximum Display Period: Maximum of six (6) months with a six (6) month extension. (c) Allowed Use: These signs are intended for the original sale, rental, or lease of property divided into 10 or more lots or for a newly created multi -family development of 10 or more units for sale, rent or lease within the corporate limits of the City of Renton. The Development Services Division may also approve these signs for use by multi -family developments that have completed maior renovation in excess of 50% of appraised structure value of at least ten (10) rental units located within the corporate limits of Renton. The real estate directional sign permit shall not be approved if the development is 75% occupied or sold. (d) Allowable Sign Type: Any non -illuminated freestanding sign and A -frame signs. (e) Maximum Size: thirty-two inches wide by thirty-six inches tall (32 inches by 36 inches) per face. (f) Sign Location: Must be within two (2) miles (driving distance on a public roadway) of the premises it advertises. Signs may be placed no closer than four (4) feet to the edge of a public roadway, provided that they do not obstruct the vision or pathway of vehicular or pedestrian traffic. (g) Maximum Number Per Intersection: A maximum of two (2) real estate directional signs shall be allowed at any one intersection and only one sign per development shall be allowed at each - - - - - - - -- - - - - intersection. - (h) Minimum Spacing Between Intersections: Real estate directional signs shall be placed no closer than one -hundred (100) feet to any other real estate directional sign and fifty (50) feet from an intersection. (i) Maximum Height: Shall not exceed ten (10) feet from finished grade. RMC 4-4-100J2c, regarding on -premise real estate signs. Staff proposes to distinguish between off -premise real estate signs and on -premise real estate signs in order to provide the development/real estate community with greater flexibility of sign location, duration and placement. The proposed regulations would also provide Code Enforcement staff with appropriate measures to control real estate signs. One example of an on -premise real estate sign is a freestanding real estate sign (what is typically seen in the front yard of a house that is for sale or rent). These signs are generally smaller in size and do not require a sign permit. C. ON PREMISES REAL ESTATE SIGNS L FREESTANDING REAL ESTATE SIGN (a) Permit Requirements: No permit required. (b) Maximum Display Period: For the period of time the property is for sale,rentor lease. For multi -family complexes of five (5) or more units the freestanding real estate sign shall_ not be allowed if the development is 75% occupied or sold. (c) Allowed Use: For real estate that is for sale.. rent or lease. (d) Allowable Sign Type: A non -illuminated freestanding sign indicating that the property, which the sign is located on is for sale, rent or lease. (e) Maximum Size: 1. For lots thirty-five thousand (35,000) square feet or less in area: Six (6) square feet in area per face: or 2. For lots -greater than thirty-five (35,000) square feet in area: Thirty-two (32) square feet in area per face, (f) Sign Location: These signs must be located on the premise that is for sale rent or lease. These signs may be placed no closer than four (4) feet to the edge of a public roadway, provided that they do not obstruct the vision or pathway of vehicular or pedestrian traffic. (g) Maximum Number: One (1) sign per street frontage. (h) Maximum Height: Shall not exceed ten 00) feet from finished grade. RMC 4-4-100J2cii, regarding on -premise real estate signs. Staff proposes new real estate sign code language that distinguishes between residential and commercial development. Specifically, the commercial development community has indicated a preference for commercial real estate banner signs (placed on the building); however, the residential development community prefers these types of signs as special event signs (i.e. grand opening) instead of temporary real estate signs. Therefore, staff has drafted proposed commercial banner real estate sign language that provides commercial buildings with an opportunity to display this type of sign, provided they comply with the sign location and duration requirements. COMMERCIAL REAL ESTATE BANNER SIGNS: (a) Permit Requirements: Permit required. (b) Maximum Display Period: Maximum of twelve (12) months. (c) Allowed Use: For sale rent or lease of commercial property. Real Estate Banners shall not be utilized by residential development. (d) Allowable Sian Type: A sign of any shape made of lightweight fabric or similar material. The sign must indicate "For Sale, Rent, or Lease." (e) Maximum Size: Fifty (50) square feet. (f) Sign Location: Only permissible when mounted to a building that is for sale, rent, or lease. (g) Maximum Number: One (1) per street frontage. RMC 4-4-100J3, regarding garage sale signs. Staff proposes to add garage sale sign language to the temporary sign section of the municipal code in order to provide citizens with clear guidelines as to the location and duration of garage sales signs. As such, staff is not proposing any additional permits for garage sale signs but is instead clarifying where and for how long those signs may be displayed. 3. Garage Sale Signs: (a) Permit Requirements: No permit required. (b) Maximum Display Period: Maximum of twenty-four (24) hours prior to the start of the sale and a maximum of twenty-four (24) hours after the sale is completed. (c) Allowed Uses: For directing potential customers to the garage sale site. (d) Allowable Sign Type: A non -illuminated freestanding sign or an A -frame sign• (e) Maximum Size: Thirty-two inches wide by thirty-six inches tall (32" x 36" inches). (f) Sign Location: Signs may be placed no closer than four (4) feet to the edge of a public roadway, provided that they do not obstruct the vision or pathway of vehicular or edestrian traffic. The signs shall not be attached to utility poles, traffic controlling devises or any other public structure. (g) Maximum Height: Shall not exceed ten (10) feet from finished grade. RMC 4-4-100J6a, regarding Event Sign Applicability. Staff proposes to add "residential' to the applicability section of the event signs, which would allow residential uses to utilize temporary event signage. 6. Event Signs: a. Applicability: Commercial, industrial, residential, public, and quasi -public uses and mixed -use developments (commercial combined with multi -family residential) may display event signage in compliance with the following regulations. These regulations apply to use of signs for grand opening events or for periodic special events.... RMC 4-4-1000, regarding violations and penalties. Staff proposes to add this section to the sign code in order to successfully levy penalties against sign code violators. U. Violations of this Chapter and Penalties: Penalties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 1-3 RMC. • RMC 4-11-110, regarding real estate sign definitions. Staff proposes to add four new real estate sign definitions in order to assist City staff and the community with interpreting the revised real estate sign code. J. Real Estate Signs: 1. Commercial Real Estate Banner Sign: A sign of any shape made of lightweight fabric or similar material that is mounted to a building by any means, and indicating that the property is for sale, rent, or lease. National flags, state or municipal flaps, holiday flaps, or the official flag of any institution or business shall not be considered banners. -- -- - 2. Decorative Real Estate Flap: A portion of lightweight fabric or similar material , supported by a vertical or horizontal staff, intended to flutter in the wind, and is used to attract attention to any type of residential development for sale, rent, or lease. National flaps, state or municipal flags, holiday flaps, or the official flag of any institution or business shall not be considered banners. 3. Freestanding Real Estate Signs: Any type of non -illuminated freestanding sign, indicating that the property on which it is located, is for sale, rent, or lease. This sign type includes yardarm or ground signs. 4. Open House Sign: A non -illuminated type of portable sign comprised of hinged panels configured in the shape of the alphabetic letter "A." no larger than 4 square feet in surface area for each sign face. The sign text for an Open House Sign contains the phrase: 'open house" or "for sale" or "for rent" or "for lease." 5. Real Estate Directional Sign: Any non -illuminated type of freestanding sign that provides direction to property(ies) for sale, rent, or lease. Within the City Center Sign Regulation Boundaries (as shown in RMC 4-4-100HI real estate directional signs may also include portable signs comprised of hinged panels configured in the shape of the alphabetic letter "A". dK. Sign, Rigid Portable: A sign which is not permanently affixed and designed for or capable of movement. Those signs explicitly designed for people to carry on their persons or which are permanently affixed to motor vehicles are considered to be rigid portable signs. A rigid portable sign is not considered to be a portable readerboard or "trailer sign." KL. Sign, Window: Any sign, temporary or permanent, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window. Interior display of merchandise for sale, including accessory mannequins and other props, shall not be considered window signs. LM. Wind -Animated Object: Any device, e.g., windsocks, pinwheels, whirligigs, etc., whose primary movements are caused by the wind or atmospheric conditions, attached by a tether. A balloon or inflatable statuary, with or without moveable parts, is not considered a wind -animated object. • RMC 4-1-140M3 regarding real estate sign fees. Staff proposes to amend the sign permit fees as noted below. While some of the fees are proposed to increase; the duration of the permit validity in some cases has been extended. RMC 4-1-140M3 TEMPORARY AND Fee Amount PORTABLE SIGNS: Real Estate Directional Signs 125.00per sign, permit valid for a six (6) month period with pursuant to RMC 4-4-100J2 a six (6) month renewal fee of $25.00 Grand Opening Event Signs, $25.00 per site, per opening pursuant to RMC 4-4- 100J6d 1 Event Signs, pursuant to $15.00 per type of sign RMC 4-4-100J6d(2) and (3) identified in RMC 4-4-100J6b, er romotion A -Frame Signs, pursuant to $100.00 for the first sign and RMC 4-4-100J5 $50.00 for each additional sign, for a 12-month period Commercial Property Real $50 per sign, permit valid for a 12-month eriod Estate Banner Decorative Flags 20 Per entrance, permit valid until fla s removed Conclusion: The proposed code amendments outlined above represent revisions to the real estate sign code that is more in line with current real estate industry standards, while taking into consideration neighborhood impacts along with enforceability of the code. In addition, staff has attempted to carefully consider which signs should be subject to a sign permit and the amount of staff time involved with each permit. This provided staff with a baseline of what each required sign permit fee might be in terms of actual dollars spent on processing the permits. If you have specific questions about this proposal, please feel free to contact Jason Jordan at (425) 430-7219. Real Estate & Garage Sale Signs Proposed Code Amendments Real Estate Sign • There are many different sign types; • And many different regulations. ► � �� �ja,.�_s 1 w 3 i i tiff ��IfIL��t i choice _ Value - • � • 4M r �"'q F-Cd �.s Ll�_ .-ser'.�.1- uY�t� . -14 Real Estate Directional Sign Fyt-x� +•e. �,.�� ��' t,"' t � s � fir.. �.�':• � ' "�., t �i,. 11WI 10 t- .W� f "t r• '•1., p '� •+ 4' ,}i " `" r r a h c F ry •1 f ��." t � .� iY:..... �� A'M�y t.Rk:. ,�»µ 'tr 4, "''� i { �. , �ik _ r.•=� may: 111 +w S4: The Issues • Real estate sign requirements were determined to be dated and confusing; • Real estate and garage sale sign regulations were scattered throughout entire sign regulations; • Some sections of the real estate sign code were found to be unenforceable; • Garage sale sign code requirements did not specify location and duration. Recommendation emend the Real Estate and Garage Sale sign regulations in order to: — Clarify what and where the signs are allowed — Organize the real estate sign code section — Simplify the sign code regulations for the public and city staff — Create enforceable sign code regulations Examples • Allow decorative flags in residential areas; • Specify where & how long off -premise open house signs are valid; • Distinguish requirements for real estate directional signs located inside the City Center and outside of the center; • Clarify the location, area and size for on -premise real estate signs; d Examples Continued • Specify the location and duration of garage sale signs; • Provide clear and concise real estate sign type definitions; • Amend the fee tables to reflect revised permitted display periods; and • Provide language needed in order to enforce the real estate sign regulations. PLANNING & DEVELOPMENT COMMITTEE REPORT September 22, 2003 CCTV COUNCIL Date_ 9-a2-a003 The Planning & Development Committee convened to consider the appeal of the decision of the Hearing Examiner dated July 3, 2003. The subject property is located at 400 Olympia Avenue NE, Renton, Washington. The applicant, H. Lee Johnson, of BDJS Associates, sought approval for the construction of a 27,528 square foot retail, office and creative workspace building. The applicant also requested modifications of the required setbacks along both Olympia and NE 4th street. The Hearing Examiner did not appfov,e the :sit6 plan at4requested modifications, stating that the building was too large.'for the:site and inconsistent with the Center Suburban (CS) zoning in which it is located Bo h the Applicant and City.staff requested the Hearing Examiner reconsider`his decision. The request was prompted by City staffs belief that they had incorrectly designated, the front and side 'yards". of the building, thus applying the incorrect setbacks.The'motiori for reconsideration was denied and an appeal to the City Council followed FINDINGS OF FACT"... e fr (1) The Committee finds that,the proper orientation of the proposed building places the front yard along the Olympia Ave. NE frontage, making the required setback a minimum of ten feet. 3 (2) The Committee finds the buildingras,,proposed -would provide only a five-foot setback, thus requiring a modification. (3) The Committee finds the requested front yard setback to be minor in nature. (4) The Committee finds that the proper orientation of the proposed building places the side yard along the NE 4th street frontage, making the required setback a minimum of ten feet, with no maximum required. (5) The Committee finds the building as proposed provides a sixty -foot setback, thus no modification is required. (6) The Committee finds the project as proposed consistent with the Center Suburban (CS) zoning goals. Planning & Development Committee Report Urban Crafts Page 2 (7) The Committee finds the proposed building's lot coverage of approximately 25% makes it of appropriate size and proportion for the subject lot. CONCLUSIONS OF LAW (1) Based on an incorrect orientation of the proposed building, placing the front yard along NE 4th street, the Hearing Examiner's Finding of Fact 416 states a maximum setback of 15 feet is required. This is a substantial error of fact. (2) Based on the error of fact found in Finding of Fact #16, the Hearing Examiner erroneously concluded that the proposed building did not meet the required front yard setbacks. This was a substantial error of law. (3) The Hearing Examiner's determination, in both the initial hearing and the motion for reconsideration, that the proposed building was too large for the subject site, was a substantial error of fact. RECOAEWENDATIONS The Committee recommends that the City Council approve -the requested front yard setback modification along Olympia Ave. NE. The Committee further recommends the City Council approve the site plan with the conditions proposed on page.l0 of the :Dearing Examiner's decision dated July 3, 2003. Terri Brie e, Chair King Parker, Member C: Jeennifer Henning IAa l�azy�� CITY OF RENTON MEMORANDUM DATE: September 22, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council FROM: Jesse Tanner, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day to -day activities, the following items are worthy of note for this week: ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT • A seventeen -member delegation from Renton's Sister City, Cuautla, Jalisco, Mexico, will visit Renton on Monday, September 22°d, through Friday, September 26d'. Members of the visiting delegation include the Mayor of Cuautla, other public officials, business representatives, and educators. A variety of activities are planned to showcase the Renton community and entertain the special guests. This Sister City relationship enables citizens of both communities to gain a mutual awareness and appreciation of the different cultures and allows citizens from each community to participate in the educational, economic, and professional exchanges. • Six special individuals will be honored as Outstanding Citizens for Renton at a banquet in October. Of those six, one will be named Renton's Citizen of the Year. The Citizen of the Year banquet will be held on Thursday, October 9d', at 5:00 p.m. at the Renton Senior Activity Center. Cost per person is $25 and reservations can be made on line at www.renton-chamber.com or by calling the Greater Renton Chamber of Commerce at 425-2264560. Reservations are requested by October 3`d. Sponsored by the City of Renton, Greater Renton Chamber of Commerce, and Rotary Club of Renton, the Citizen of the Year program formally recognizes the contributions made by individuals who help to nurture the soul and sense of community in Renton through their selfless acts of generosity and volunteerism. COMMUNITY SERVICES DEPARTMENT • Shop at participating Albertsons, Safeway, QFC, Thriftway, or Fred Meyer and purchase a few items for donation on Saturday, September 27`h, during the Mayor's Day of Concern for the Hungry. Your contribution will help to make sure no child or family goes hungry this winter, a time when some families are often forced to make a choice between food and heat. This program is coordinated with local cities and the Emergency Feeding Program. Donations collected locally will benefit local residents. For additional information call 206-723-0647. • Dogs and their owners will have their own designated off -leash area in south King County when the new Grandview Park is dedicated and opened on Saturday, October 40', at 10:00 a.m., made possible through the cooperative efforts of King County, Serve Our Dog Area, and the cities of SeaTac, Auburn, Burien, Des Moines, Federal Way, Kent, Renton, and Tukwila. The new off -leash area is located at Grandview Park, a 37-acre facility located in the City of SeaTac at South 228th Street and Military Road South. ECONOMIC DEVELOPMENT, NEIGHBORHOODS, & STRATEGIC PLANNING DEPARTMENT • The City of Renton Neighborhood Grant Program has launched its second round of grant funding and has $46,700 remaining for 2003 projects. The grants are available to residents of neighborhoods who have organized to plan and implement projects for the purpose of improving the viability and livability of their neighborhoods. Grant applications are due on Friday, October 3`d, at 5:00 p.m. For additional information, call 425-430-6595. Administrative Report September 22, 2003 Page 2 FINANCE AND INFORMATION SERVICES DEPARTMENT • Last Thursday the City refunded $8 million in water sewer bonds. During this process, the City asked Fitch Rating Agency and Standard and Poor's to review the City's financials to determine a rating for the bonds. Both agencies rated our bonds as AA-, an upgrade from Standard and Poor's previous rating of A+ for the City. Standard and Poor's wrote: "The upgrade reflects the underlying economy's higher -than -average wealth levels and the independence of the utility's water supply, plus a financial performance marked by continued strong debt service coverage and cash liquidity. The outlook is stable. " The City sold the refunding bonds through D.A. Davidson, with most of the bonds selling last Thursday. Because of historically low interest rates, the City will save $1.3 million over the next ten years. The coupon rates were between 2% and 3.7% as compared with the previous rates of 5.0% to 5.375%. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • The 2003 annual street overlay program paving was completed last week. Finish -up work, such as adjusting valve boxes and lane striping, is still being done. This last weekend work was performed on the first of two weekend westbound street closures for the Grady Way approach to Rainier Avenue. Sections of the asphalt roadway are being replaced with rigid concrete pavement. The second and final westbound street closure is scheduled for next weekend, September 27"' through the 29d', from 7:00 a.m. on Saturday until 5:00 a.m. on Monday. Westbound drivers on Grady Way will be detoured north on Shattuck to Southwest Seventh Street, where they can access Rainier Avenue during these closures. POLICE DEPARTMENT • During the week of September 23-29, the Police Department will be conducting traffic emphasis in the following areas: Renton Police Department Traffic Enforcement Emphasis September 23-29 Date 6:00 a.m. to Noon Noon to 6:00 p.m. All Da Motorcycles/Cars Motorcycles/Cars Radar Trailer September 23, Tuesday 1100 blk, Carr Rd (speed) Williams/Grad Way (stop sign) City Hall/Benson Rd (lane change) Rainier Ave N (speed) 2600 blk, NE 7th St September 24, Wednesday Rainier Ave N (speed) SW Sunset Blvd (turns/speed) Maple Valley Hwy (speed) El 2600 blk, NE 7 St September 25, Thursday Rainier/Grady Way (red lights) Rainier Ave N (speed) Rainier Ave N (speed) 200 blk, S 2nd St (speed) 2300 blk, Talbot Rd S September 26, Friday 1100 blk, Carr Rd (speed) 1400 blk, Houser Way N (speed) 200 blk, S 2° St (speed) Cit Hall/Benson Rd (lane chan e) 2300 blk, Talbot Rd S September 29, Monday Rainier Ave N (speed) Edmonds Ave SE (speed) Maple Valley Hwy (speed) Rainier Ave N (speed) 1300 blk, N 3` St 9-aa-os TENANT'S NOTICE TO VACATE. �`afc0�la> To: Rev. William Plant, property owner/landlord Mike Burkhart, co tenant and purported, agent of property owner/landlord -City Leaders with regard to Code Compliance Date: Monday, 9/22/03 Please take notice of the following: (1) The existence of an oral rental agreement between Rev. Plant and myself governed by RCW 59.18, State Landlord -Tenant Act which provided lodgings to myself in exchange for services. (2) Illegal eviction notice by Renton Police on (3) Illegal eviction notice from Mike Burkhart and Rev Plant dated 9/19103 (4) Illegal shut-off of electricity by Mike Burkhart for which I will bring civil action under RCW 59.18. Please take notice of my intention to vacate the trailer located at 311 Smithers, Renton, WA, by October 31, 2003. 1 am giving notice in accordance with RCW 59.18, which requires notice by the 10th of the month effective at the end of the month. It is too late in the month for me to give legal notice to the landlord effective September 30, 2003; therefore, this Notice to Vacate is provided by the 10th of October to be effective October 31, 2003; and I will consider my oral rental agreement officially and legally terminated on that date and not before. Please take notice that the reason I am leaving is that the trailer in which I have been residing for several years, and for the past 14 months at 311 Smithers, cannot legally be rented according to City Code in the City of Renton in the Downtown Core zoning area. Please take notice that rental of property which violates City Code should be handled between the property owner/landlord and the City, then the property owner/landlord would take appropriate action to remove the tenant. Thus far, the property owner/landlord have not acted within the law. My Notice to Vacate, however, is legal and tendered herewith. Tenant: r �r FINANCE COMMITTEE COMMITTEE REPORT September 22, 2003 C6TV Ot3U CIL. Date 9-.AA- A003 I APPROVE THE SALE OF $8.035 MILLION IN REFUNDING WATER SEWER REVENUE BONDS WITH THE SECOND AND FINA.L READING OF THE BOND ORDINANCE. (Referred September 8, 2003) The Finance Committee recommends the second and final reading of the bond ordinance approving the sale of $8.035 million in refunding water sewer revenue bonds. These bonds were sold on Thursday, September. 18." The bonds carried,coupon interest rates of 2.0 percent to 3.7 percent, but were sold at,,a premium with, yields of 1-:1 percent to 3.7 percent. We sold $8.035 million in refunding bonds' to refund $8:4-million of'outstanding principal. However, due to the historically low interest rates, the City will Save $1369 million over the next ten years in interest payments., ndy Gorman, vice Chair cm Don Persson, Member VAR/dif cc: Victoria Runkle, Finance & IS Administrator Elaine Gregory, Fiscal Service Director 2003 final Water Sewer Refunding Bonds.doc\ Rev 01/02 bh FINANCE COMMITTEE REPORT September 22, 2003 AP0V By CITY COUNCIL 3. Date APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on September 22, 2003, claim vouchers 218991- 219388 and 2 wire transfers, totaling $1,971,581.01 , and 566 direct deposits, payroll vouchers 46557-j0794-,a �wiN transfer, tot ,g $1,726,000.09 . 1APPROVED BY CIS COUNCIL ®ate 1 a4— FINANCE COMMITTEE COMMITTEE REPORT September 22, 2003 Initiation of Surplus Property Procedure for Fire Station 12 located at 901 Harrington Avenue Northeast . (Referred September 8, 2003) The Finance Committee recommends concurrence in staff s recommendation to approve the initiation of the Surplus Property Procedures. (Policy,,,& Procedures 100-12), authorize Property Services to order an -appraisal, and set a public hearing on this matter for Novemb 203 �.. 3 King Parker, Chair` r , cc: Lys. Hornsby David Christensen Gregory Stroh . Karen McFarland 1:\COMMITTE\Reports\Finance\2003\FS I2Surplus.rpt.doc\KLM\tb APPRovc-D By TRANSPORTATION/AVIATION COMMITTEE �� ������ a COMMITTEE REPORT September 22, 2003 Date _ Q-aa -a003 Project: Budget Adjustment for Supplement to Consultant Agreement with Robert Bernstein, Inc. for NE 3rd/4t Street Corridor Study (September 8, 2003) Transportation Committee recommends Council approve a budget adjustment in the Transportation Capital Improvement Fund (317) to transfer $19,800 from Project Development and Pre -Design Program (2003) into this project. cc: Connie Brundage Keith Woolley H:Trams/admin/committee report/2003/NE 34 Street Corridor Budget Adjustment TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT September 22, 2003 APPROVED BY CITY COUNCIL ` Bata Berger/Abam Engineers, Inc. Contract for King County Portion of the Duvall Avenue NE Widening Project (Referred August 18, 2003) The Transportation Committee recommends Council: • Add this additional King County Duvall Avenue CIP project to the 2003 Transportation budget pursuant to the TIP. • Approve a budget adjustment in Transportation Capital Improvement Fund (317) to transfer $135,000 from Duvall Avenue.-NE/NE Sunset Boulevard to the City limits project 2003 allocation into this project:, (The overall total 2003 appropriation will not be revised.) r. • Authorize the Mayor and City Clerk to enter„ into­'tiie, proposed agreement with Berger/ABAM for design :services for the Duvall Avenue' NE Widening Project in unincorporated King County, ; Don Persson, Chair Toni Nelson, Vice-C erri Bri re, Member cc: Connie Brundage Leslie Lahndt James Wilhoit }i:\Division.s\TRANSPOA.TAT\ADMIMCOMMREPO\2003\KC portion of Duvall Ave Widening.doc TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT . September 22, 2003 Project: Reallocation of Funds Lake Washington Boulevard Slip Plane (September 8, 2003) 4,7-7ROVED BY `771 COUNCIL ®ate Transportation Committee recommends Councilapprove the reallocation of funds in the amount of $120,000 from the Transit Priority Signal System Program (2003-2008 TIP #6) to the Lake Washington Boulevard Slip Plane project (2004-2009 TIP #52). It is further recommended that the project be added to the list of projects requiring expenditures in 2003. Don Persson, Chair _ "7 cc: Connie Brundage Jason Fritzler H:Trans/admin/cwmmittee report/2003/LA WA Blvd Slip Plane Reallocation of Funds CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: Dept/Div/Board.. Staff Contact...... AJLS/City Clerk Bonnie Walton Subject: Bid opening on 9/11/03 — CAG-03-112 Maplewood Water Treatment Facility and Golf Course Improvements Exhibits: Staff Recommendation Bid Tabulation Sheet (six bids) For Agenda of: September 22, 2003 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Council concur Legal Dept......... Finance Dept...... Other ............. Fiscal Impact: Expenditure Required Amount Budgeted Total Project Budget $10,644,448 (2003-2005) $11,000,000 (2003-2005) Construction only $12,277,700 (2003-2005) SUMMARY OF ACTION: Project construction cost estimate: $ 10,671,956 STAFF RECOMMENDATION: Transfer/Amendment Revenue Generated......... City Share Total In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities. Therefore, staff recommends acceptance of the low bid submitted by Mid -Mountain Contractors, Inc. in the total amount of $10,644,448. X C:\Documents and Settings\mpetersen\Local Settings\Temp\Agenda-Bill-award-of-contract.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: September 15, 2003 TO: Bonnie Walton, City Clerk FROM: Abdoul Gafour, x7210 SUBJECT: Award of Construction Contract for Maplewood Water Treatment Facility & Golf Course Improvements On September 11, 2003, bids were opened and publicly read for the Maplewood Water Treatment Facility & Golf Course Improvements. The City received six bids. Mid -Mountain Contractors, Inc., of Kirkland, WA submitted the lowest bid in the amount of $10,644,448.00 for the construction of the facility. We checked the low bid and found no irregularities in it. The engineer's estimate for this project is $10,671,956.99. The Water Utility recommends that the contract be awarded to Mid -Mountain Contractors, Inc. in the total amount of $10,644,448.00. Due to the large size of this project, we will present an informational briefing to the Utilities Committee on September 18, 2003. The Water Utility's proposed budget for this multi -year, 2003-2005, project is $12,000,000, which includes funds for construction, inspection, staff time and contingencies. A summary of funding sources and estimated expenditures for this project is attached. The Water Utility has sufficient funds in our 2003 Capital Improvements Project budget to cover all work that will be done on this project in 2003. Attached is a draft agenda bill with the budget information completed. Please use this information to prepare your agenda bill for City Council with our recommendation to award the contract to the low bidder Mid -Mountain Contractors, Inc. for the Council Meeting on September 22, 2003. If you have any questions, please call me at x7210. Thank you for your assistance on this contract. Attachments: Bid Tabulation Draft Agenda Bill cc: Gregg Zimmerman Lys Hornsby Leslie Betlach Nenita Ching J.D. Wilson C:\Documents and Settings\mpetersen\Local Settings\Temp\award-memo-to-clerk-Ol.doc Maplewood Water Treatment Facility and Golf Course Improvements Estimated Projects Expenditures (2003-2005) Description Amount Construction contract (from low bidder: Mid -Mountain Contractors, Inc.) $ 10,644,448 Consultant Services for Services during Construction (estimated) $ 800,000 City staff for Contract Administration (estimated) $ 200,000 Contingencies (estimated) $ 613,252 Total estimated project costs $ 12,257,700 Project Funding Sources (2003-2005) Water Utility Rates and Bonds (2003-2005) $ 6,685,000 Public Works Trust Fund Loan (2004-2005) (subject to approval by State Legislature in 2004) $ 5,150,000 Parks Department Share for Golf Course Improvements (estimated) $ 422,700 Total Project $ 12,257,700 CADocuments and SettingsVnpetersen\Local Settings\Temp\award-memo-to-clerk-Ol.doc :t Title:Maplewood Water Treatment and Golf Course Improvements ATE: September 11, 2003- 2:30 p.m. PDT n Unit Est. Description Quantity 1 Perform all work as specified as shown herein related to Mobilization, Demobilization, and Daily/Final Cleanup 0 1 2 Perform all work as specked as shown herein related to Earthwork 0 1 3 Perform all work as specified as shown herein related to Over Excavation and Fill 0 6,000 4 Perform all work as specified as shown herein related to Shoring and Shoring Systems 0 1 5 Perform all work as specked as shown herein related to Over Shoring 0 31600 6 Perform all work as specified as shown herein related to Import and Place Structural Backfill Materials For Structures, Roadway and Yard Areas 0 1 7 Perform all work as specified as shown herein related to Trenching Safety 0 1 8 Perform all work as specified as shown herein related to Yard Piping 0 1 9 Perform all work as specked as shown herein related to Backwash and Chlorine Contact Chamber Basins 0 1 10 Perform all work as specified as shown herein related to Building Construction 0 1 11a Perform all work as specked as shown herein related to GAC and Greensand Treatment Systems Equipment 0 1 I 1 b Supply all GAC media for the GAC Treatment System 0 1 11c Supply all Greensand, anthracite and filter gravel media for the greensand Treatment System 0 1 12 Perform all work as specked as shown herein related to Plant Process Piping and Mechanical 0 1 13 Perform all work as specified as shown herein related to Hypochlorite System 0 1 14 Perform all work as specified as shown herein related to Electrical, Instrumentation, and Controls 0 1 15 Perform all work as specified as shown herein related to Surfacing 0 1 City of Renton Engineers Estimate Unit Bid Price Amount MidMountain Contractors, Inc. Skaar Construction, Inc Harbor Pack Contractors Pease & Sons, Inc Unit Bid Price Amount 725,000.00 725,000.00 480,000.00 958,300.00 958,300.00 1,000,000.00 11.85 71,100.00 10.00 1,094,800.00 1,094,800.00 750,000.00 48.61 174,996.00 10.00 40,800.00 40,800.00 375,000.00 25,000.00 25,000.00 25,000.00 1 557,000.00 557,000.00 650,000.00 (1,800,500.00 1,800,500.00 1,600,000.00 861,500.00 861,500.00 850,000.00 Unit Bid Unit Bid Unit Bid Price Amount Price Amount Price Amount 480,000.00 600,000.00 600,000.00 100,000.00 100,000.00 821,216.00 821,216.00 1,000,000.00 800,000.00 800,000.00 1,503,400.00 1,503,400.00 1,417,078.00 1,417,078.00 60,000.00 20.00 120,000.00 12.00 72,000.00 20.00 120,000.00 750,000.00 1,000,000.00 1,000,000.00 1,030,200.00 1,030,200.00 907,874.00 907,874.00 36,000.00 10.00 36,000.00 4.00 14,400.00 10.75 38,700.00 375,000.00 400,000.00 400,000.00 583,000.00 583,000.00 515,868.00 515,868.00 25,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 650,000.00 1,100,000.00 1,100,000.00 682,000.00 682,000.00 836,200.00 836,200.00 1,600,000.00 1,200,000.00 1,200,000.00 1,235,000.00 1,235,000.00 1,035,303.00 1,035,303.00 850,000.00 1,170,500.00 1,170,500.00 1,258,390.00 1,258,390.00 1,023,710.00 1,023,710.00 441,200.00 441,200.00 550,000.00 550,000.00 600,000.00 600,000.00 451,380.00 451,380.00 405,659.00 405,659.00 268,300.00 268,300.00 170,000.00 170,000.00 1,000.00 1,000.00 178,000.00 178,000.00 155,402.00 155,402.00 32,500.00 32,500.00 42,000.00 42,000.00 1,000.00 1,000.00 42,200.00 42,200.00 53,975.00 53,975.00 770,800.00 770,800.00 1,400,000.00 1,400,000.00 1,200,000.00 1,200,000.00 1,020,000.00 1,020,000.00 1,298,000.00 1,298,000.00 121,100.00 121,100.00 140,000.00 140,000.00 45,000,00. 45,000.00 313,600.00 313,600.00 123,822.00 123,822.00 1,248,600.00 1,248,600.00 900,000.00 900,000.00 898,000.00 898,000.00 867,700.00 867,700.00 785,160.00 785,160.00 88,800.00 88,800.00 190,000.00 190,000.00 150,000.00 150,000.00 186,000.00 186,000.00 152,218.00 152,218.00 ect Title: Maplewood Water Treatment and Golf Course Improvements DATE: September 11, 2003- 2:30 p.m. PDT :em Unit Est. to. Description Quantity 16 Perform all work as specified as shown herein related to Paving Overlay 0 2,700 17 Perform all work as specified as shown herein related to Golf Course Restoration and Landscaping 0 1 18 Perform all work as specified as shown herein related to New Irrigation System 0 1 19 Perform all work as specified as shown herein related to Netting System 0 1 20 Perform all work as specified as shown herein related to Traffic Control, Site Safety and Aquifer Protection 0 1 21 Perform all work as specified as shown herein related to Interim Repair of Damaged Paved Surfaces, as required 0 500 22 Perform all work as specified as shown herein related to Contractor Supplied Surveying 0 1 23 Perform all work as specified as shown herein related to As -Built Drawings, Owner's Manuals and Record Documents 0 1 City of Renton Engineers Estimate Unit Bid Price Amount MidMountain Contractors, Inc. Unit Bid Price Amount 4.44 11,988.00 15.00 85,800.00 85,800.00 35,000.00 7,000.00 7,000.00 25,000.00 288,000.00 288,000.00 250,000.00 Skaar Construction, Inc Harbor Pacific Contractors Pease & Sons, Inc Unit Bid Unit Bid Unit Bid Price Amount Price Amount Price Amount 40,500.00 15.00 40,500.00 13.00 35,100.00 6.17 16,659.( 35,000.00 35.000.00 35,000.00 35,800.00 35,800.00 33,838.00 33,838.( 25,000.00 25,000.00 25,000.00 24,900.00 24,900.00 23,522.00 23,522.( 250,000.00 200,000.00 ,200,000.00 235,680.00 235,680.00 172,548.00 172,548.( 85,700.00 85,700.00 125,000.00 125,000.00 100,000.00 100,000,00 99,000.00 99,000.00 263,440.00 263,440.( 10.00 5,000.00 40.00 20,000.00 30.00 15,000.00 34.50 17,250.00 30.00 15,000.10 25,000.00 25,000.00 50,000.00 50,000.00 30,000.00 30,000.00 15,000.00 15,000.00 20,000.00 20,000.0 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.0 Subtotal $9,808,784.00 Subtotal $9,783,500.00 Subtotal $9,797,000.00 Subtotal $10,030,000.00 Subtotal $10,265,192.0 Tax 8.8% $863,172.99 Tax $860,948.00 Tax $862,136.00 Tax $882,640.00 Tax $903,336.9 Total $10,671,956.99 Total $10,644,448.00 Total $10,659,136.00 Total $10,912,640.00 Total $11,168,528.9, Project Title: Maplewood Water Treatment and Golf Course Improvements BID DATE: September 11, 2003- 2:30 p.m. PDT B Item Unit Est. N No. Description Oue Robison Construction, Inc James W. Fowler Co Unit Bid Unit Bid Price Amount Price Amount 1 Perform all work as specified as shown herein related to Mobilization, Demobilization, and Daily/Final Cleanup 0 1 550,000.00 550,000.00 900,000.00 900,000.00 2 Perform all work as specified as shown herein related to Earthwork 0 1 755,000.00 755,000.00 823,300.00 823,300.00 3 Perform all work as specified as shown herein related to Over Excavation and Fill 0 6,000 75.00 450,000.00 12.50 75,000.00 4 Perform all work as specified as shown herein related to Shoring and Shoring Systems 0 1 1,100,000.00 1,100,000.00 948,600.00 948,600.00 5 Perform all work as specified as shown herein related to Over Shoring 0 3,600 10.75 38,700.00 11.00 39,600.00 6 Perform all work as specified as shown herein related to Import and Place Structural Backfill Materials For Structures, Roadway and Yard Areas 0 1 900,000.00 900,000.00 723,600.00 723,600.00 7 Perform all work as specified as shown herein related to Trenching Safety 0 1 1,000.00 1,000.00 29,100.00 29,100.00 8 Perform all work as specified as shown herein related to Yard Piping 0 1 850,000.00 850,000.00 624,300.00 624,300.00 9 Perform all work as specified as shown herein related to Backwash and Chlorine Contact Chamber Basins 0 1 1,700,000.00 1,700,000.00 1,601,700.00 1,601,700.00 10 Perform all work as specified as shown herein related to Building Construction 0 1 1,250,000.00 1,250,000.00 2,290,100.00 2,290,100.00 11 a Perform all work as specked as shown herein related to GAC and Greensand Treatment Systems Equipment 0 1 550.000.00 550,000.00 387,200.00 387,200.00 11 b Supply all GAG media for the GAG Treatment System 0 1 80,000.00 80,000.00 198,200.00 198,200.00 11c Supply all Greensand, anthracite and fitter gravel media for the greensand Treatment System 0 1 50,000.00 50,000.00 63,100.00 63,100.00 12 Perform all work as specified as shown herein related to Plant Process Piping and Mechanical 0 1 950,000.00 950,000.00 1,179,800.00 1,179,800.00 13 Perform all work as specified as shown herein related to Hypochlorite System 0 1 100,000.00 100,000.00 168,400.00 168,400.00 14 Perform all work as specked as shown herein related to Electrical, Instrumentation, and Controls 0 1 850,000.00 850,000.00 867,500.00 867,500.00 15 Perform all work as specified as shown herein related to Surfacing 0 1 180,000.00 180,000.00 185, 700.00 185,700.00 Project Title: Maplewood Water Treatment and Golf Course Improvements BID DATE: September 11, 2003- 2:30 p.m. PDT B Item N No. Description Unit Est. Quantity 16 Perform all work as specified as shown herein related to Paving Overlay 0 2,700 17 Perform all work as specified as shown herein related to Golf Course Restoration and Landscaping 0 1 18 Perform all work as specified as shown herein related to New Irrigation System 0 1 19 Perform all work as specified as shown herein related to Netting System 0 1 20 Perform all work as specified as shown herein related to Traffic Control, Site Safety and Aquifer Protection 0 1 21 Perform all work as specified as shown herein related to Interim Repair of Damaged Paved Surfaces, as required 0 500 22 Perform all work as specified as shown herein related to Contractor Supplied Surveying 0 1 23 Perform all work as specified as shown herein related to As -Built Drawings, Owner's Manuals and Record Documents 0 1 Robison Construction, Inc Unit Bid Price Amount 7.50 20,250.00 James W. Fowler Co Unit Bid Price Amount 13.00 35,100.00 47,000.00 47,000.00 37,700.00 37,700.00 20,000.00 20,000.00 24,200.00 24,200.00 300,000.00 300,000.00 323,500.00 323,500.00 60,000.00 60,000.00 90,000.00 90,000.00 30.00 15,000.00 31.00 15,500.00 33,000.00 33,000.00 34,400.00 34,400.00 20,000.00 20,000.00 20,000.00 26,000.00 Subtotal $10,869,950.00 Subtotal $11,685,600.00 Tax $956,555.60 Tax $1,028,332.80 Total $11,826.505.60 Total $12,713,932.80 CITY OF RENTON. BID TABULATION SHEET 'ROJECT: Maplewood Water Treatment & Golf Course Improvements; CAG-03-112 DATE: 9/11/2003 FORMS BID Proposal BIDDER Bid Triple Sub- Includes 8.8% Sales Tax Bond Form List Addenda Harbor Pacific Contractors X X X $10,912,640.00 19628 - 144th Ave. NE, Ste. A Woodinville, WA 98072 Nicholas J. DeVitis James W. Fowler Company X X X X $12,713,932.80 PO Box 489 Dallas, OR 97338 Shelli K. Petersen Mid -Mountain Contractors, Inc. X X X X $10,644,448.00 PO Box 2909 Kirkland, WA 98083-2909 J.L. Levre Pease & Sons, Inc. X X X $11,168,535.00 'O Box 44100 Tacoma, WA 98444 Darron C. Pease Robison Construction, Inc. X X X $11,826,505.60 PO Box 1730 Sumner, WA 98390 Dennis L. Irick Skaar Construction, Inc. X X X X $10,659,136.00 PO Box 1558 Auburn, WA 98071-1558 Layne L. Skaar ENGINEER'S ESTIMATE LEGEND: Forms: Sub -List: Sub -contractor list Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage TOTAL: $10,671,957.00 CITY OF RENTON COUNCIL AGENDA BILL [A_17 F Submitting Data: Planning/Building/Public Works For Agenda of: September 22, 2003 Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats. Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Administrative Short Plat Report & Decision Recommended Action: Approvals: Council concur. Legal Dept......... X Finance Dept...... Other. ... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional right-of-way is a half cul-de-sac area of roadway known as NW 3rd Court. The dedication is a City of Renton code requirement of the Reservoir Short Plat, LUA-01-169, and Council acceptance of said right-of-way should be completed prior to recording deed with the short plat. STAFF RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to execute the Deed of Dedication. I:\P1anReview\C0LS0N\Shortp1ats 2003\ReservoirSHPL 10 AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 DEED OF DEDICATION Property Tax Parcel Number: 182305-9248 Project File #: LUA-01-169-SBPL Street Intersection: 84th Avenue South and N.W. 3rd Court Reference Number(s) of Documents assigned or released: Additional reference numbers are on page _. Grantor(s): Grantee(s): 1. American Heritage Homes, Inc. 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page Portion of the Northwest quarter of the Northwest quarter of Section 18, Township 23 North, Range 5 East, Willamette Meridian The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. The dedication is required as a condition for development of property. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s): Grantee(s): City of Renton i Mayor City Clerk Form 84 0001 b/h Page 1 6121.008.wpd IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Notary Seal must be within box CORPORATE FORM OFACKWOREEDGMENT STATE OF WASHINGTON ) SS COUNTY QF rJNG ) On of fi 2003, before me personally appeared O to be ]mown to be t of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation Notary P611—ctm and for the State of Washington Notary (Print) My appointment expires: lei lb4 Dated: -<> 1nZ Page 2 6121.003.wpd LEGAL DESCRIPTION N.W. 3RD COURT STREET DEDICATION All that portion of the following described parcel: The North 115 feet of the West 495 feet of the Northwest quarter of the Northwest quarter of Section 18, Township 23 North, Range 5 East, Willamette Meridian, in the City of Renton, King County, Washington; EXCEPT the West 36.5 feet of the South 85 feet; ALSO EXCEPT the West 30 feet of the North 30 feet; Said portion being more particularly described as follows: BEGINNING at the Southwest comer of said parcel; THENCE North 01* 11' 56" East along the West line of said parcel 50.43 feet to a point of cusp with a 15.00 foot radius curve to the left; THENCE along the arc of said curve, passing through a central angle of 89* 43' 18", an arc distance of 23.49 feet; THENCE South 88* 31' 22" East, 205.64 feet to the beginning of a 19.50 foot radius curve to the left; THENCE along the arc of said curve, passing through a central angle of 38* 12' 48", an arc distance of 13.01 feet to a point of reverse curvature with a 50.50 foot radius curve to the right; THENCE along the arc of said curve, passing through a central angle of 128* 12' 48", an arc distance of 113.01 feet to the South line of said parcel; THENCE North 81* 31' 22" West along said South line, 314.20 feet to the Southwest comer of said parcel and the POINT OF BEGINNING. Project Name: N.W. 3rd Court Street Dedication October 18, 2000 Revised November 13, 2002 Page 3 RW G/athrss 61211.002 G Z Z 0 W } Z Q W cc > Q S. 128th M 30' 30' STREET a n W' 30' W 36.50' N88'31'22"W 205.64' to NW 3rd COURT 00 N88'31'22"W 314.20' PROPOSED STREET DEDICATION CURVE TABLE LINE TABLE CURVE LENGTH RADIUS DELTA LINE LENGTH BEARING C1 23.49' 15.00' 8 '43'18" L1 50.43' SO1-11'56"E C2 13.01' 19.50' 38' 1248" C3 113.01' 50.50' 128'12'48" N VZ100, File: P:\06000s\6121\survey\6121ex01.dwg Dote/Time: 08/28/2003 11:33 Scale: 1=100 pwalloce Xrefs: Job Number SRF ¢ �~ViQ 18215 72ND AVENUE SOUTH 11110. 6121 DrOe^ Q' KENr, WA 98032 STREET Page RWG Checked _ (425)251-6222 (425)251-8782 FAX DEDICATION 4 '4' Date 10/18/00 NIC ��N �►°� , EXHIBIT or ����_ MQ EN6*_ _ __ 60TH AVE S 90TN'-- AV 9, 7 t ;n RCNroV ay ------------ 18215 72ND AVENUE SOUTH KENT, WA 98032 (425) 251-6222 (425) 251-8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES RESERVOIR SHORT PLAT NEIGHBORHOOD DETAIL MAP AMERICAN HERITAGE HOMES 4840 SOUTH 152" STREET TUKWILA, WA 98188 1" = 250'(APPROX) JOB NO. 6121 On March 5, 2002 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPLICANT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: Ivana Halvorsen Barghausen Consulting Engineers, Inc. 18215 72"d Avenue South Kent, WA 98032 Reservoir Short Plat File No.: LUA-01-169,SHPL-H Northeast corner of NW 3Td Court and 84`b Avenue South Subdivide an approximately 1.21-acre property into 7 lots suitable for single-family residential development Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on February 12, 2002. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the February 19, 2002 hearing. The legal record is recorded on tape The hearing opened on Tuesday, February 19, 2002, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Preliminary Short Plat Plan Exhibit No. 3: Preliminary Utility and Grading Plan Exhibit No. 4: Tree Retention Plan Exhibit No. 5: Topography Map Exhibit No. 6: Vicinity Map Reservoir Short Plat File No.: LUA-0 I A 69,SHPL-H March 5, 2002 Page 2 Exhibit No. 7: Zoning Map Exhibit No. 8: Yellow File from Original Application, LUA-97-093,SHPL-H Exhibit No. 9: Cul-de-sac Illustration Exhibit No. 10: Overlay of Hammerhead Design Exhibit No. 11: Photo of T Court Exhibit No. 12: Photo taken from 12818 84 .Exhibit No. 13: Photo of Downspouts at 12820 84 Exhibit No. 14: Photo: Southside of NW 3` Court Exhibit No. 15: Photo: Road Height Differences Exhibit No. 16: Overlay of Seven Lots Exhibit No. 17: Sheet of Nine Photos Exhibit No. 18: Sketch of Cul-de-sac Half Street The hearing opened with a presentation of the staff report by Jason Jordan, Associate Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The owner of record is Rob Kenyon with American Heritage Homes. The zoning designation is Residential — 8 (R-8). The Comprehensive Land Use Designation is Residential Single Family (RSF). The site is currently undeveloped; however, utility construction is currently underway from a previous short plat approval. Immediately north, south and west of the property is King County zoned R-6, to the east is residentially zoned R-8. The subject site is 1.21 acres. The applicant has proposed to subdivide a 1.21-acre site into seven lots intended for the development of detached single-family homes. Currently, the site is undeveloped with the exception of the construction and infrastructure improvements currently underway. The original application was approved in November of 1997 and subsequently expired in September 1999. The land use approval for the division of property has expired but construction permits were issued for the project with the previous short plat approval and work continues. The construction permits have not expired. The ongoing construction impacts associated with this project have created a very contentious atmosphere between the neighborhood and the developer. No environmental review was conducted for this project, as there were no protected areas within the development site. The subject site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. Staff believes that the proposal is consistent with the RSF designation in that it would provide for future construction of single-family homes and promote goals of infill development. After the deduction of the new half street improvement there is a density of 7.4 dwelling units per acre, which is in the five to eight range established by the Comprehensive Plan. All lots meet minimum lot size, width, depth and setback requirements. The subdivision proposes to provide access to the new seven lots via a half street improvement, which would be NW 3`d Court, which extends from 84`h Avenue South and would terminate in a half street cul-de-sac at the end of Proposed Lots 5 and 6. Staff recommends that access to Proposed Lot 1 not be allowed from 841h Avenue South. The cul-de-sac turnaround is proposed to be located near Proposed Lots 5 and 6, which would provide emergency access vehicular turnaround for the proposed development. Street improvements would include lighting, curb, gutter and sidewalks on the north side of the proposed NW 3`d Court. In addition, lighting, curb, gutter and sidewalks would also be required along the subject sites western boundary abutting 84`h Avenue South. The establishment of a Homeowner's Association or maintenance agreement for the development of onsite stormwater and drainage facilities is recommended as a condition of short plat approval. In order to insure safe Reservoir Short Plat File No.: LUA-01-I69,SHPL-H March 5, 2002 Page 3 and efficient emergency access for the development staff recommends the applicant be required to place no parking signs along the northern portion of the cul-de-sac turnaround. The proposed subdivision is expected to generate additional traffic on the City's street system. In order to mitigate these impacts staff recommends a Traffic Mitigation Fee. The majority of the property is relatively flat and slopes at less than one percent. From the western boundary of Proposed Lot 7 the property slopes in a northeast direction or approximately 19 percent from southwest to northeast. These slopes do not qualify as protected slopes under the City's Critical Areas Ordinance. The soil is suitable for supporting building loads; however, staff recommends the applicant comply with all the recommendations contained within the geotechnical study dated December 13, 2001. Temporary erosion and sediment control plans and the use of Best Management Practices are currently in place and help to mitigate potential erosion and offsite sedimentation impacts. The project application includes a construction mitigation plan, which was previously approved with the construction permits. The applicant has met the minimum standards as approved per the construction plan. The subject site is currently vacant. The surrounding area includes single-family residences developed within King County and under King County zoning designations. The proposed lots are compatible with the existing and newly created lots in the area. Staff feels that the proposal is consistent with both the Comprehensive Plan and the Zoning Code and would not be out of character with existing or recent development in the area. Adjacent property owners have addressed concerns over potential impacts from unauthorized use of their private property located directly south of the development. They are also concerned with additional traffic on 84"' Avenue South, stormwater runoff, and privacy from the proposed residences. In addition, the neighborhood has indicated their growing frustration with the developer for the continued construction impacts associated with the project. The neighborhood has also indicated a very strong desire to limit the number of homes proposed as part of the development. At this time City staff believes that the proposal meets the developmentstandards associated with the residential R-8 zoning designation. The previous short plat was approved for seven lots and the infrastructure requirements necessary for seven lots are being installed. Staff does not believe that any additional project conditions that would limit the overall development size are warranted at this time. Police and Fire Prevention staff have indicated that sufficient resources exist to furnish services for the proposed development subject to a condition that the applicant provide code required improvements and fees. The proposal does not provide any onsite recreation for future residents. There are existing recreation facilities in the area which staff does believe would get an increase in use; therefore, staff recommends that the applicant be required to pay a Parks Mitigation Fee. The Renton School District has indicated that the schools in the area could accommodate the additional students generated by this proposal. There were no stormwater, water utility, or sewer utility comments at this time as the infrastructure is being installed. Staff recommends approval of the Reservoir Short Plat subject to conditions. Reservoir Short Plat File No.: LUA-01-169,SHPL-H March 5, 2002 Page 4 Jack McCollough, 2025 1" Avenue, Suite 1130, Seattle, WA 98121 stated that he is representing Rob Kenyon the applicant for this project. He stated that Mr. Kenyon would make a few comments then he would be speak afterwards. Rob Kenyon, American Heritage Homes, 1075 Bellevue Way NE, Suite 514, Bellevue, WA 98004 stated that after the initial approval there were some concerns regarding access that needed to be resolved prior to them obtaining the construction permits. Once they obtained the construction permits there was a problem with Bryn Mayr Water District and the City of Renton. They had to put an interlocal agreement together. The water line that served the site was three feet higher then indicated on the maps so they had to get the water agreement together in order to serve the neighbors to the south. During this process their short plat expired. They continued to do the improvements to the site. Currently, they have asphalt, curb and utilities in and are very close to being finished with those improvements. The site is now in the Renton Water District. Mr. McCollough asked the Examiner to take notice of the previous short plat file for this project. The plat complies with all subdivision zoning code requirements and the applicant concurs completely with the staff report. The question at the center of focus in 1997 was the question of consistency with the Comprehensive Plan at the time. An assertion was made that the proposal developed at a density of seven units would be incompatible with existing development in the neighborhood and therefore might somehow be violating the goals of the Comprehensive Plan. The City Council, a little over four years ago, determined that this was not the case. This is in essence the same plan as before. Patricia Wells, 8232 South 121 �`, Seattle, WA 98178 stated that the staff report states that the site is currently undeveloped however, utility and construction permits are underway for the previous short plat approval that has expired. She asked how the City of Renton could extend permits to continue to develop a short plat that has expired. Once the process is in place and the drawings change how is the public informed of the changes. She asked what the applicable code is for the half street improvement. She inquired as to how the street standards section of the Renton Municipal Code applies to a half street improvement. Ms. Wells asked how the turnaround is suitable for emergency vehicle access. She also requested the specifics of where the no parking signage would be located near the cul-de-sac. She stated that she wants to ensure that the developer works with the property owners to the south for the exact posting of the signage if it is needed for no parking. She would also like to recommend that the applicant be required to place dead-end sign on the northwest corner of the half street improvement. She stated that the topographic maps do not represent what the land looks like currently. When they put in the half street improvement there was much dirt that was pushed over to the east side. She supplied numerous photos of how holes have been dug and water has collected. Ms. Wells had questions on the access to Proposed Lot 6. The staff report claims that it will have direct access to NE 3`d Court but according to the maps it looks as though it does not. It looks as if one must go off of the public street onto the Proposed Lot 6. The access would be off of the private road. Ms. Wells reported that staff recommends the applicant comply with all recommendations contained in the geotech study dated December 13, 2001 and she would like to know more about the study and if addresses what is currently being done with the mounds of dirt that are on the property. She has watched the mounds of dirt from the road go over the hillside east and she displayed a photo of the mounds of dirt existing on the property. Reservoir Short Plat File No.: LUA-01-169,SHPL-H March 5, 2002 Page 5 She stated that there are some markers on the private property south of Proposed Lot 5 at 12818 84"' Avenue South. This is just one area where the developer has used private property without permission. They have parked cars, made markers, ruined downspouts and there has been little or no explanation of these actions. After the half street improvement was made, three of the four property owners on the south side went on Renton water. The have supplied service to the second home in and have constructed a water main in the front, which now due to the road, is about 12 inches down from where the soil is and will have to be moved up. She inquired as to what is going to happen to the area that they dug up where there is a 12-inch difference. How will they improve this area? Kayren Kittrick, Development Services, 1055 S Grady Way, Renton, WA 98055 asked for clarification regarding Ms. Wells comment on the water main. Ms. Wells replied she meant the water meter not main would have to be moved. Ms. Wells asked whom the Homeowners' Association would pertain to. The Examiner informed her that the residents on the south side would have to agree to be part of the Homeowners' Association. The City does not have control over the current residents and the Homeowners' Association would only pertain to the seven new lots. Ms. Wells stated that under the recommendations in the preliminary short plat it states that temporary erosion control shall be installed and maintained to the satisfaction of the Development Services Division for the duration of the project. Ms. Wells asked who the representative is for the Development Services Division and asked that the duration of the project be defined and also wanted to know why it is temporary. She added that on the exhibits it is noted that there is a NW 4th Street. It is not a street, it may be a proposed street but it is very deceiving. It shows that there is access to the easterly most lots when there is not access and she feels that all exhibits should be corrected. In addition, Exhibit 2 shows easement and restrictions so why are not all of the easements documented for this short plat. In regard to tree cutting and clearing, the plan notes that all trees will be removed from the site and to date the tree retention plan to remove all vegetation has not been followed. With the work that has been done the trees have been damaged and left to die. This has been difficult for a community that has expressed its concern about saving the existing greenbelt and the environment. She believes that the applicant must stress to the community how the tree retention will be followed and when replanting will occur. Mr. Jordan stated that all the trees will be removed from the site and there are no plans to replant. Ms. Wells stated that the topography map is from 1998 and the land has changed substantially since then. It does not represent what the land currently looks like and asked why it had not been updated for the new short plat. Ms. Wells demonstrated on the overhead what the new development would look like and stated that there are no lots of this size in the immediate area. She objects to the 35.5 foot half street improvement and stated that it could have been so much better had the developer worked with the surrounding community. There was much potential with this project to make it better. Reservoir Short Plat File No.: LUA-01-169,SHPL-H March 5, 2002 Page 6 Jim Fenner, 402 Seneca Court NW, Renton, WA 98055 stated that he lives northeast of the property. His main concern is the water runoff from the project. He had considerable muddy water come through his yard during the winter. At one point it threatened to undermine his driveway and he was forced to dig trenches and build dikes to avert the flow. They do not want this condition to continue when the project is complete. He displayed photos taken at various times from his yard or near it. He fears that his driveway will be washed out and does not want the problem to get any worse then it already is. In regard to the new half street, he believes that the turn around is designed in a way that will encroach on private property to the south. He then displayed a sketch of the cul-de-sac and stated that it should be moved to the north to prevent the encroachment. He stated that the dwelling size is incompatible with the surrounding area. Proposed Lot 7 is very large compared to the others. He inquired as to why the City is charging Traffic Mitigation Fees when all of the streets leading into the development are King County roads, why is the County not charging fees. He also commented on the Parks Mitigation Fees and the accessibility of parks in the area. Patrick Yamamoto, 405 Seneca Court NW, Renton, WA 98055 stated that he lives next door to Mr. Fenner. He is also concerned with water runoff from the project and potential future damage. There is a small greenbelt on the northeast corner of the site that divides the properties, which slopes onto his and Mr. Fenner's properties. Since this project has started they have had a tremendous amount of water runoff. It hits his foundation directly and diverts east onto his neighbor's property. He feels that the greenbelt area is environmentally sensitive and is concerned about future potential problems and who is liable. Richard Wilson, 12816 84`h Avenue South, Seattle, WA 98178 stated that staff reported that the initial size of the property is 1.21 acres. After the road is taken out it drops to .94 acre and they are still claiming it is one acre of land for building. He asked why the density is taken from the original lot size. He asked where the sidewalks would be located and is concerned that they take away from the size of the lots. He made several statements regarding the size of the half cul-de-sac and illegal parking on his property. The area may be zoned R-8 but most of the area has established residences that are on larger lots. When the road was put in they were promised a 20-foot driveway to enter his property but this was not done. The developer has left a three-foot patch of dirt between the two asphalt areas and he would like to see something done about this. Mr. Wilson voiced a concern about parking and inquired if there would be parking along the street or would it be marked with no parking signage. He added that it would be a lot better use of the land if the developer scaled it down to at least six lots instead of seven. Debra Gregor, 12811 84`h Avenue South, Seattle, WA 98178 stated that because the piece of land is right next to King County R-6 zoning, the R-8 zoning is not necessarily applicable as it might be if the plat were in the middle of the City of Renton. In her opinion the density proposed is too significant. She feels that he additional traffic from the plat, which will vent into her driveway, creates a potential danger to her and her family. She reported that there were four very large cement braces that were uncovered as they were clearing the property and she believes that those braces were originally intended for a water tower that had been planned at this location 25 or 30 years ago. It appears as though they have been shoved onto someone else's property and it would be too bad if they were left there and not removed. Another danger she has noticed is a light post on the south side of the new road, it has been excavated all around the post and has been left open and unprotected for many weeks and is full of mud and she would like to see this cleaned up. Reservoir Short Plat File No.: LUA-01-169,SHPL-H March 5, 2002 Page 7 Richard Glad, 12812 84`h Avenue South, Seattle, WA 98178 stated that his concern had to do with access to the eastern most property that is not developed. In the previous hearing he believes the Examiner required access to the eastern most properties and this has not been done. The last information he received is that access beyond the cul-de-sac would be by driveway. He is concerned about future development and how it will affect his property. The Examiner asked Mr. Jordan to explain what is located east of the proposed plat and where is the access to it. Mr. Jordan explained that the Thompson and Baker properties have access off of Stevens Avenue NW and there is dedicated right-of-way for those properties. Debra St, 14310 156`h Avenue SE, Renton, WA 98059 stated that her family owns the property at 12820 84a rogy, Avenue South, which is directly south of Proposed Lots 1, 2 and part of 3. She displayed photos of the entrance to the proposed plat. She would like to ensure that the intersection at NW 3`d and 84"' Avenue South is finished. Mr. Fenner stated that if the runoff water is the responsibility of the Homeowners' Association that means that the contractor is not going to do anything and he and his neighbors would continue to have water running through their yards. Ms. Kittrick reported that the 1990 King County Surface Water Manual applies to this site. The developer was allowed to continue work because their permits do not expire until March 27, 2002. The permits are extended as long as work is continuing. There is no reason to prevent private homeowners from extending water or sewer as needed. Bryn Mawr was the original water service district; however, the City through an interlocal agreement is taking it over because it was actually the City's waterline and sewer in that area. All services have been extended for the four existing residences as well as the proposed plat. In regard to the construction of the half street improvement, half street is a misnomer. It is actually more then half of a street in that it is 35 feet of construction, that is 28 feet of pavement as well as sidewalk, curb and gutter. The sidewalk will be within the right-of-way. The easement shown is strictly an easement for the franchise permits. The edge of the half street was supposed to match what was already in place and unfortunately the contractor took out what existed. There has been much work in the past few months to get it matched back to the driveways so that there is no height difference. The City requires that it match the existing and be constructed so that it does not deteriorate. Streetlights and sidewalks are still going in. The storm vault will be maintained by the Homeowners' Association. The City Code allows the City to take over the maintenance but only after three years of maintenance being performed by the Homeowners' Association. After three years they may apply to the City to take it over. The topography map is fairly clear that there is a slope that goes down to the adjacent property. Proposed Lot 7 is problematic in that is slopes down and away from the rest of the plat. The King County Manual requires that something be done with roof runoffs and the City can require a conditions to take care of the problem. This property was originally City owned and was specifically set aside to build a City reservoir. It was determined that a reservoir was not needed in this location and the property was sold. The approved drawings for construction were approved September 21, 2000 and are only dead if they are withdrawn and/or the permit dies. In this case the permit is still in use. Reservoir Short Plat File No.: LUA-0I-169,SHPL-H March 5, 2002 Page 8 The Code for half street improvements is not governed by the Subdivision Code it is governed by Street and Fire Code. The Fire Department has approved the half street improvements including the cul-de-sac. If the meter box is 12 inches below City maintenance will need to be contacted because the water line has been approved for use and has been tied into the City system. After this point the contractor is not allowed to touch any of the services, City crews must adjust it. Temporary erosion control is in place during construction until the permanent stormwater facilities are in place to handle all the runoff. The half street provides 28 feet of paving, 20 feet for fire and eight feet for parking on the north side. The cul- de-sac will be marked with no parking for emergency vehicle purposes. Mr. Jordan stated that staff has received a geotech report and one of the things that it states is that no earthwork activities are to occur during the wet season. This may be why the mounds of dirt are still where they are. The City of Renton does not recognize any established greenbelts in this area. With respect to the tree retention plan, R-8 development standards do not require the applicant to replant. Mr. McCullough stated that the two critical issues are street improvements and drainage Hal Grubb, Barghausen Consulting Engineers, 18215 72°d Avenue South, Kent, WA 98032 stated that he observed and assisted his design staff with the drainage and roadway design system on this project. The existing condition on the site provided a split drainage basin. Proposed Lots 5, 6 and 7 as well as the bulk of the cul-de- sac slope in an easterly direction. The proposed drainage control system provided the installation of a storm detention water quality vault on the western portion of Proposed Lot 1. That system is sized to accommodate the road improvements that are constructed within NE 3rd and Proposed Lots 1 through 6. Proposed Lot 7 will have its own drainage system. Mr. McCollough stated that he is not aware of cement blocks or braces on or near the site. With respect to the south edge of the newly constructed street, the area is going to be hydroseeded and they are waiting to get the requirements from the City to complete this process. The mounds of dirt on the site will be used as much as possible on the site. Finally, he asked that the proposed short plat be approved. Mr. Wilson added that most of the dirt was moved in the rainy months of November and December. He is concerned that the new homes will be higher then the current homes and will cause water runoff problems. 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 11:41 a.m. FINDINGS, CONCLUSIONS & DECISION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Ivana Halvorsen, for Barghausen Consulting Engineers, Inc. filed a request for approval of a seven -lot short plat. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and Reservoir Short Plat File No.: LUA-01-169,SHPL-H March 5, 2002 Page 9 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 an environmental assessment. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located on the northeast corner of NW 3rd Court and 84th Avenue South. The site is west of the dead-end of NW 4th Street and west of Rainier Avenue in the vicinity of the Renton airport. The subject site is on the boundary between the City of Renton and unincorporated King County. 6. The subject site is 1.21 acres or 52,920 square feet in area. The parcel is approximately 485 feet long (east to west) by approximately 115 feet wide. 7. The parcel slopes gently for the majority of the subject site but then slopes approximately 19 percent at its eastern edge. The slopes are steeper but are not steep enough to be considered protected slopes or sensitive slopes. 8. The subject site was annexed to the City with the adoption of Ordinance 3132 enacted in May 1977. 9. The subject site is zoned R-8 (Single Family Residential; 8 dwelling units/acre). It received this classification with the adoption of Ordinance 4404 enacted in June 1993. 10. 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. 11. A short plat, actually identical to the one reviewed here, was approved in November 1997 (File LUA-97- 093). That approval expired on September 9, 1999. Some difficulties delayed development and resulted in the expiration of the plat without it being completed and recorded. At the same time, construction permits had been issued to allow the installation of the former plat's infrastructure including the road and utilities. The construction permits are not necessarily tied to the plat and have continued allowing construction activity to also continue. 12. During the first review, the Hearing Examiner reduced the density of the plat based on what was perceived as its incompatibility with its surroundings and that a plat with fewer lots still met both the Zoning Code requirements and the Comprehensive Plan's goals and policies. That decision was appealed to the City Council. The Council reversed the Hearing Examiner decision and reinstated the original seven lots. 13. The neighbors argued that, again, the plat is not compatible with its surroundings and that the development that has occurred up to now shows that flooding, drainage and impacts are excessive and that the density should be reduced. This office feels compelled to abide by the earlier City Council decision and will not review density again at this time. Neighbors may appeal this determination to the City Council. 14. The record reflects that drainage problems have occurred since the subject site was cleared. The temporary erosion control measures have failed or been substandard permitting storm water to reach and damage adjoining properties. 15. Staff has noted that the systems will be reevaluated to make sure that they are sized appropriately. Reservoir Short Plat File No.: LUA-01-169,SHPL-H March 5, 2002 Page 10 16. Neighbors report that there is a rough transition between the edge of the new road or half road and the adjacent properties. The transition is not smooth or gradual and has elevation differences of up to approximately one foot. This creates problems for access to the adjacent properties. 17. There are also irregularities with some of the street improvements and utilities boxes and poles. Staff indicated that they would investigate these facts. 18. The area around the subject site is developed primarily with single-family homes. 19. The applicant proposes dividing the subject site into seven lots that will be developed in a tier directly north of a half street, NW 3rd Court. The lots would range in size from 4,531 square feet to 11,328 square feet. 20. Proposed Lot 1 is the westernmost lot and Proposed Lot 7 is the easternmost lot. Proposed Lot 7 would be accessed by an easement to the new half street. 21. Staff noted that a half street is actually a misnomer in that it is substantially wider than a half right-of-way. The street would be approximately 35 feet wide and include a half cul-de-sac at its eastern end. 22. The City has adopted a mitigation program that imposes fees based on a per unit charge. This fee is generally imposed as part of the City's environmental review process and short plats are exempt from that review. That does not mean that the development of additional housing will not have impacts on those same services. The development of the subject site will have impacts on a variety of public services including surrounding streets, emergency services and City parks. 23. The proposed density is approximately 7.4 units per acre, which is within the 5 to 8 units per acre required by the City. 24. The proposal will generate approximately two to three school age children. They will be assigned to schools on a space available basis in the Renton School District. 25. The proposal will generate approximately 67 vehicle trips per day. 26. Any dedication will have to be specifically directed to the City Council, as they do not accept short plats as they do full plats with associated dedications of right-of-way. 27. The subject site is now served by City water and sewer. 28. The site drains in two general directions. Most of the plat (Proposed Lots 1 to 4) and land drains to the west, while Lots 5, 6 and 7 due to slope, drain east. Drainage spilling from Lot 7 has flowed down slopes affecting two neighboring properties. Staff reports that the systems for both flows meet City requirements but during construction the temporary systems may not have performed well. CONCLUSIONS: 1. The proposed short plat appears to serve the public use and interest. There are obviously problems associated with developing the subject site. Some of those problems are not much different than integrating any new development into a neighborhood and into a topographically constrained site. Some problems were obviously uncovered since the plat infrastructure was installed and some may have involved poor detail work. What is different in this case is that the real world issues with developing a short plat are Reservoir Short Plat File No.: LUA-01-169,SHPL-H March 5, 2002 Page 11 in evidence as this plat is being re -reviewed because while the plat lapsed, the installation of infrastructure such as roads and utilities has continued. In this case, the expiration of the original short plat made a new hearing necessary. The problems that developed while the site was cleared and infrastructure installed are available as evidence. While these problems cannot and should not be ignored, that does not mean that subdividing the subject site is inappropriate. It just means that additional oversight is necessary and that may be an issue that warrants further scrutiny not only for this development but for many developments. 2. The plat will provide for additional lots for single family homes in an area that has appropriate utilities to service urban development densities. Both water and sewer service can serve the site. It also provides homes with very easy access to downtown Renton and its urban amenities. 3. Development and sale of the new homes will add to the tax base of the City. There is no doubt that the new homes will change the character of the neighborhood somewhat. There will be additional traffic and hubbub created by new residents. At the same time, those new residents will be living in single-family homes like others in the community. The basic single-family character of the neighborhood will not change substantially. 4. There appear to be issues, particularly storm water issues that were revealed by the clearing of the subject site and the installation of infrastructure permitted by the previously approved but subsequently lapsed short plat. Staff has provided oversight and has indicated that they will continue to do that as this site is further developed when a new short plat is approved. It does appear that the interim measures were either inadequate or poorly implemented. It appears that additional oversight is required. There were also some questions about the adequacy of any final stormwater system. In order to assure that the further development of the subject site does not harm or additionally harm adjacent properties it would appear that additional storm water studies should be required. The new homes will have an additional impact on the City's services. The mitigation fees that are generally applied to new housing should be imposed on this proposal to offset what impacts there are on the roads, parks and fire services. 6. The street improvements do not mesh appropriately with surrounding uses creating unsafe roadway edges and probably maintenance issues in the future. These deficiencies will need to be fixed. 7. The applicant shall provide the City Council with the proposed dedication of right-of-way. DECISION: The short plat is approved subject to the following conditions: 1. The applicant shall place "No Parking" signage near the emergency vehicle cul-de-sac turnaround serving the development. The satisfaction of this requirement shall be subject to the Development services Division prior to recording of the short plat. 2. No direct access shall be allowed onto 84"' Avenue South from abutting lots. 3. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the short plat in order establish maintenance responsibilities associated with all on -site storm water and drainage facilities. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the short plat. Reservoir Short Plat File No.: LUA-01-169,SHPL-H March 5, 2002 Page 12 4. Temporary erosion control shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. The applicant shall pay the appropriate Transportation Mitigation Fee equal to $75.00 for each new daily trip associated with the project for an estimated total of $5,024.25 (66.99 total trips x $75.00 = $5,024.25). The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 6. The applicant shall pay the appropriate Fire Mitigation Fee equal to $488.00 per new single-family residence for an estimated total of $3,416.00 (7 new lots x $488.00 = $3,416.00). The Fire Mitigation Fee shall be paid prior to the recording of the short plat. 7. The applicant shall pay the appropriate Parks Mitigation Fee equal to $530.76 for each new single family home for an estimated total of $3,715.32 (7 new lots x $530.76 = $3,715.32). The Parks Mitigation Fee shall be paid prior to the recording of the short plat. 8. The applicant shall comply with all recommendations contained within the Geotechnical Report dated December 12, 2001 prepared by Earth Consultants, Inc. with regard to site preparation, project construction and design. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to issuance of building permits. 9. The applicant shall install a silt fence along the down slope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in Section D.4.3.1 of the King County Surface Water Design Manual, Appendix D. This will be required during the construction of both off -site and on -site improvements as well as building construction. 10. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off -site and on -site improvements as well as building construction. 11. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the preliminary plat construction. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. 12. The applicant will have to submit supplemental storm drainage analysis that provides documentation that the proposed system is adequate or upgrade the system to prevent storm water from causing property damage downstream from the subject site. 13. The deficiencies in the edge of the new road and its interface with the existing easement and properties abutting it shall be rectified subject to review and approval by the City. In addition, whatever edge treatment is applied shall be such that it does not create future maintenance problems for the City or the abutting property owners. Reservoir Short Plat File No.: LUA-0 I - I 69,SHPL-H March 5, 2002 Page 13 ORDERED THIS 5`h day of March, 2002. FRED J. KAUF N HEARING EXA INER TRANSMITTED THIS 5`h day of March, 2002 to the parties of record: Jason Jordan Ivana Halvorsen Rob Kenyon 1055 S Grady Way Barghausen Consulting Engineers, Inc. American Heritage Homes Renton, WA 98055 18215 72"d Avenue South 1075 Bellevue Way NE, #514 Kent, WA 98032 Bellevue, WA 98004 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 Jim & Carolyn Fenner 40Z Seneca Court NW Renton, WA 98055 Richard Glad 12812 84`h Avenue South Seattle, WA 98178 Joseph Davis 12830 84`h Avenue South Renton, WA 98178 Robert J. Nelson 12621 84`h Avenue South Seattle, WA 98178 Wilma Wells 12818 84`h Avenue South Seattle, WA 98178 -Vicki Witters 9210 2"d Avenue NW Seattle, WA 98117 Jack McCullough 2025 1 " Avenue, # 1130 Seattle, WA 98121 Patrick Yamaipoto 405 Seneca Court NW Renton, WA 98055 Debra Story 14310 156`h Avenue SE Renton, WA 98059 Virginia Odell-Eliason 350 Seneca Avenue NW Renton, WA 98055 Deidre & Allen Skinner 12823 84`h Avenue South Seattle, WA 98178 Max Witters 3800 Brown Road Ellensburg, WA 98926 Adalyn Gardner & Linda Daly 633 NE Bellview Court Roseburg, OR 97470 TRANSMITTED THIS 5`h day of March, 2002 to the following: Patricia Wells 8232 S. 121s` Seattle, WA 98178 Richard Wilson Jr. 12816 80 Avenue South Seattle, WA 98178 Hal Grubb Barghausen Consulting Engr. 18215 72"d Avenue South Kent, WA 98032 Lester Beal 12828 840' Avenue South Seattle, WA 98178 Sharon Selden 1609 1450' Street South Tacoma, WA 98444 James W. Ashley 78954 Quiet Springs Drive Palm Desert, CA 92211 Debra Gregor 12811 84`h Avenue South Seattle, WA 98178 Mayor Jesse Tanner I Gregg Zimmerman, Plan/Bldg/PW Admin. Members, Renton Planning Commission Neil Watts, Development Services Director Larry Rude, Fire Marshal Sue Carlson, Econ. Dev. Administrator Reservoir Short Plat File No.: LUA-01-169,SHPL-H March 5, 2002 Page 14 Lawrence J. Warren, City Attorney Transportation Systems Division Utilities System Division South County Journal Larry Meckling, Building Official Jay Covington, Chief Administrative Officer Councilperson Kathy Keolker-Wheeler Alex Pietsch, Economic Development Director Pursuant to Title IV, Chapter 8, Section 100G of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., March 19, 2002. 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., March 19, 2002. 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. —rm�.rvs nm',mnln'n _ Y-3. 0 Ed DENSITY CALCULATIONS Ion UM1 a e[Ma a.sm wc[n fOxwD M9GSnMM n-e M. Moluiwx m,w. lwD coup n.n K. uLOwn[ OMLUn vwrf 1 LO)f LOT AREA TABLE lDt 1 x1G (Sf.) Lot / MG (Tf.l � i olio vlsl wlal fs. f i .�f,.0 u nA1w sorb Im xw nl,lsaw sr. Din K. PRELMINARY SHORT PLAT FOR RESERVOIR SHORT PLAT A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 18, TOWNSHIP 20 N, RANGE 5 E, W.M. RENTON, WASHINGTON N.W. 4TH ST. e Jar Vc".taurt _ a"c sw. wo.ssoeeo' g .ff SURVEYOR'S NOTES I.5 [ SC<Mx fVeOM1p1 !a MS Mtaw IS ebro w 1SE up CdMM1 KnVi fuMCr tcmx suareaw a a[mpx la ronM,w n K M«a x..... f. ufe a count esll mr a nGrtDll swan caxsea Mspw m v I. xtumeuam a s arlru•. e[rM[n uM1 aesMas sa+n carton xuw[x srls soPDOMnnf er swm c Doeea opro fst Ii ) svincKy rw n ww sfa. �GlnwMn a ah a awox swnn caMlloL xDli,Mlrtilr xo. )sb rtn. .. uL mu Manwlpx fww w sln lw Iva e¢n snMcrro f11011 rnsr ulunx m� xwlswuxcs mnrwr fscao susaesw Duwxltt xD. u»b-1 bnD aracn u. moo. nKwc rrM wI, eMOWSM COrSNiwO MDw[[R wc. wt GS'wImI4 xp fn[P[wEM mlf sswnM xal w e.wDxwrs, wxsD]is,s [xDwEsu. wc. )wrM a fwf ml[ rssas wrtnfw M[ nascvto rnonuh Doan rw« swu slmw an IM xro wn olscsosm M[ e[Me[K.[D rww xnmelun llmlrmtOx 011Sxrr[S[[. eMoxuSM [OMKrwO FxaM[M, Sn. xK allro nxa1Y Ox flair urtnC.w'f WMf[MxTnni a rM mLL'[ w me s�Piwin[ MKa uc+�.wo'W°Dolws�n[uOl,rss erMmuusi a M swxc [xowtta. fsc. a PnoMMr ev. . v.vD s sww[ r[n (Los : Ku:l. a ws serer vml[� rK rmunrtrrt cmm�mlls tmrfc a Imneu Is. n a u s. 7°JA9• wu escaum raw rles Pewecr w ). wi Dmsxtts .xE w rtR a.f. ssw.[r rtn). a nes Is . mD rM.sxst sown. . salap rnI-f[cam Isfcrnax rorK sixipv eK us[o so IIG.w][s art rxlGxxx -m alnwtt MurnxAfs e[nrtM nm coxuwwc ywDMNprN� Sxowt 4pSMC Mips Of M[ rlVxtllS[ un On IXa(Dro rime[ )0-aa DK1wK[ MnsMwO tD:7xEM xw N[x rxleMiCO xi w .. am wow oK )iw a rM wr[ a Mrs wnscY. I � s suerxns' mnn �-- E7QSTINO LEQAL DESCRIPTION r�rtnalt�l�f n0�x a K Mn bf I[fr a Mt wnsw[n Ouer[n a nn[ xaMMn c a IOw610 f] xaM Mwt s VSi, eJr, w xfp Gkwh, IrxfwKraD nttM na Mm u rn rtR a nm :ounl u rtn: .rm IXem sM nni ]o rtn a rM xoxrx m rm. EASEMENTS F�AM���50�-2-2 r arGln n fwm ro rM sERM wp mrmnlDxt a . nao .sxD ulnm Mf[x[m I. (��COIIDro wm[n n[coanD x0. SmSlfab. MGMDS a nwo CUwrf. nblSSnr01L Mf rWPLSM1 6 fLOKR 10 M r[an wm Nr1U11016 K Swna w scam a fwMT (SanoED seoGl ueonowm xa fwff]wu. Mw W wtro MM) F 0. NOTE 1Mbf-Sib � v� S IX6M1p OS[: fa0.0 !M¢r MSD[M[ � 'Cl�S1T]/ .. PIbIOS[0 NG) Lm sww[ font suSOm � S [ w0 tawD: n•e (Mfpp014 0 W/KID I. PnonOsro IOnSR. a-e (MSmtMW 1 W/KI e. asmon snwCO�Oi[ r-u�i. ww aslrwmn. s. PeofoMo wx. sot wmx: s.so' ID. MOYoIro w. Lm npM fa E6 F N II. rnoroMo uw. sm w.a [vl.sl s.r. rf. fnOmm Opwm: )w W/K rI. aDunro wx. eLaowc fRe,Ltf. I.. sss] aa[ MwM a wlxowcs: u b. sGasa a eouax) : mD slllrm[D ..o wer,so n toll Doses sanu.m s,fevwc Is. soutt a seroa..xr , raLo saM1xvro e, rox Doses swsmwc wrrwc 11i1LMU/SERVICES f(Mn/uiflD PIw110lMOMf aFl. BOSS fbJM aMS uT fMOx. a SOOff S', Wf: A .11 1 so tMnm fSa K a. POSCT: nIORSspmO M(Sa � f k � t I—Le1 1 b11e of 1 I( 001 111- 1[UMOx[: oM51 9 � W S A aILLWC, nt �eoD1R00e l{t i cbLc: .runs uwc[s rofem°ew Y x,« KeDM... secofw fw[: Gh 0I Mxpx Iwrtox. o feoss 4 � y lama: mm�ox :oma asnnm � � d3 ears : ieo'sf < Sg P anm OWNER/DEVELOPER r x r = xlfsnlryo xueKt lall[s. wc. _ �,,, � •( ENQWFFo/PLANNER Jgoe e eND1ew15M COMNnnO IxOM[M. M. _bf: um sDe ns*Aa• ro3U� mOR wmnc �`e`� j c � mMfcn au rci � s VICINITY MAP 7� )F NW4 OF NW4 KIN& COUNTY WASH. N K.C.A.S. Mll iKM1 � 6M. • le,.i! �Flry 4 RWIW xelelluL DRNni tM nFN ru tMse � uDRfxwEsr FceNaR or acrleN ' 10, llwxfNlR 1D NDgN, MNM i WT, w.M.. rawD i IroN hI�1Y�u.i� i— wwmw 1 nee 1 AN ee' 1'Ds"w �\ Z., .............................:.. ..-....-.......-. H 8 SI .3 W DESCRIPTION: sl ........................-..... f 1 1 \ 1 \ 4 \ \ ............................... .... 1 SURVEYOR CERTIFICATE: TKe IIDRrN ue Fiir or TNe NlJf M6 1¢T NDRTN,R®T i flR11M tNRT tN15 nM IRMipo1TD A TDbMARXnIC' !W'<r � quARna of tKe blmlwor gNpAru or lernow�ID tOwNLN a /fiR'AAfeD fnftoe Mr mArenw IN JUNf,rtn, A c eiqum � t NMRN, MMK 6 q>T W.xLI IN WNO Couury, WAININ{•leu�IR OF bM KWVd! OD Me1fIGN NiRTRK MQ+Fe. Ott T TN6 wptT fo pear WR AOAOi ' 6uI�CT � dAW Wr NIf Ieit1 AN Y M IxRrRa•dr nu �m f19<61- , /L6, RLRONID fwrnY HmRr.lw o♦Itoe[<) v.v��l IVILL'r 1D ANNOtAn K Yo tlry o NNlOx ORp�t.Kt Mw/[R I.�-1' •�" . /Evtt�'C'.`0 I� lIDL RID•Rl 04 IN btNnr RptselNo N IeR'1 ,r0i/fD,•l, v� I' AND T1b/OIOl11 'lbllietNll DDeDR, Wlt! A!l ; � rxe rear <.i rear w tNe lanes ei .eer w tKe ISiS! luNMC1D III- !. A-H 1' 4'.•_ \ .\ .•.•-. f R eri4. evNxoeR rll c..xi {fD•Ive t{+•tinCAJ :oo b1 1c•ulrz{e RlvlffD hlo. tl (.r.D Rfvl![D 111 ip l.[y m1 �ii DA.jMf SHEET 1 OF 1 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: PBPW - Utility Systems Division Dept/Div/Board.. Surface Water Utility Staff Contact...... Ron Straka Allen Quynn (X-7247) Subject: Federal Emergency Management Agency (FEMA) Cooperating Technical Partners (CTP) Partnership Agreement Exhibits: Issue Paper Resolution FEMA CTP Partnership Agreement Mapping Activity Statement AI #: For Agenda of: 09/22/2003 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . X Recommended Action: Approvals: . Council Concur Legal Dept......... X Finance Dept...... Risk Management... Fiscal Impact: None Expenditure Required... None Transfer/Amendment....... Amount Budgeted....... None Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Surface Water Utility requests Council approve the enclosed resolution authorizing the Mayor and City Clerk to enter into an interlocal agreement with FEMA to complete a floodplain map update of Springbrook Creek. The purpose of the Cooperating Technical Partners (CTP) Agreement is to formalize the partnership between FEMA and the City. The agreement establishes the roles and responsibilities and ensures each partner will commit the resources necessary to complete the floodplain map update of Springbrook Creek. The City's funding for the Springbrook Creek Floodplain Map update is budgeted in the approved 2003 Surface Water Utility Capital Improvement Program budget. STAFF RECOMMENDATION: The Surface Water Utility recommends the City Council approve the enclosed resolution authorizing the Mayor and City Clerk sign the FEMA CTP Partnership Agreement. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3061 Springbrook Creek Floodplain Map Update\1200 Agreements\agenda bill CTP Agreement. doc\AQ: tb CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: September 15, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council VIA: �,G Mayor Jesse Tanner FROM: Gregg Zimmermal dministrator Planning/Building/Public Works Department STAFF CONTACT: Ron Straka, Supervisor (x-7248) Allen Quynn, Project Manager (x-7247) SUBJECT: Resolution Authorizing Mayor to Sign Federal Emergency Management Agency Cooperating Technical Partners Agreement for the Springbrook Creek Floodplain Map Update ISSUE: The Planning/Building/Public Works Department requests the City Council approve the enclosed resolution authorizing the Mayor and City Clerk to enter into an interlocal agreement with the Federal Emergency Management Agency (FEMA) to complete a floodplain map update of Springbrook Creek. The agreement is formally called the Federal Emergency Management Agency Cooperating Technical Partners Partnership Agreement (FEMA CTP Partnership Agreement). RECOMMENDATION: The Planning/Building/Pubic Works Department requests the City Council approve the enclosed resolution authorizing the Mayor and City Clerk to enter into an interlocal agreement with the Federal Emergency Management Agency by signing the FEMA CTP Partnership Agreement for the Springbrook Creek Floodplain Map Update. BACKGROUND: In February 2003, the Council approved a consultant contract with R.W. Beck, Inc. to complete a floodplain map update for Springbrook Creek. The map update consists of revising the existing hydrologic/hydraulic models that were developed as part of the Eastside Green River Watershed Plan as well as updating the FEMA flood insurance rate study and floodplain map. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3061 Springbrook Creek Floodplain Map Update\1200 Agreements\Mayor Agreement MEM0.doc\AQ1b The City has been actively working with FEMA over the last year to ensure the hydraulic and hydrologic modeling methodology that is being developed for the mapping update is consistent with FEMA's requirements. A technical memorandum explaining the modeling approach was submitted to FEMA last summer. FEMA's consultant Michael Baker, Inc. reviewed the memorandum and concurred with the modeling methodology. The CTP Partnership Agreement formalizes the partnership between FEMA and the City as well as clarifies the roles and responsibilities of each partner as defined in the attached Mapping Activity Statement. FEMA is responsible for reviewing and approving the various submittals that are part of the floodplain map update process. These include the hydrologic/hydraulic model, topographic base maps and final delineated floodplain maps, and a technical workbook. The agreement obligates FEMA to allocate the resources necessary to review products submitted by the City and its consultant. Once these resources are committed, the City's map update will be given the highest priority for expedient review and approval. The agreement also stipulates who is required to complete the tasks necessary for the map update and when, and what guidelines and specification(s) must be followed. The City's funding for the Springbrook Creek Floodplain Map update is budgeted in the approved 2003 Surface Water Utility Capital Improvement Program budget. CONCLUSION: The Planning/Building/Public Works Department requests the City Council approve the enclosed resolution authorizing the Mayor and City Clerk to sign the FEMA CTP Partnership Agreement. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3061 Springbrook Creek Floodplain Map Update\1200 Agreements\Mayor Agreement MEMO.doc\AQtb CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (F.E.M.A.). WHEREAS, F.E.M.A. is responsible for establishing flood plain maps; and WHEREAS, the City wishes to have the flood plain map updated for the Springbrook Creek area; and WHEREAS, the City needs to complete certain hydrologic and hydraulic modeling preparatory to updating of the flood plain maps; and WHEREAS, F.E.M.A. will review and approve the modeling methodology of flood plain maps; and WHEREAS, it is necessary to establish the responsibilities, timing, and criteria to be used in updating the flood plain map for Springbrook Creek; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement with F.E.M.A. entitled "Federal Emergency Management Agency Cooperating Technical Partnership Agreement." 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2003. Approved as to form: Lawrence J. Warren, City Attorney RES.1006:8/27/03:ma Jesse Tanner, Mayor 2 �yC1 Min, w� p�'��� FEDERAL EMERGENCY MANAGEMENT AGENCY COOPERATING TECHNICAL PARTNERS WPARTNERSHIP AGREEMENT AGREEMENT is made on , 2003, by these parties: the City of Renton and the Federal Emergency Management Agency (FEMA). BECAUSE the National Flood Insurance Program (NFIP) established by the National Flood Insurance Act of 1968 has several purposes, the most significant being • To better indemnify individuals from losses through the availability of flood insurance; • To reduce future flood damages through community floodplain management regulations; and • To reduce costs for disaster assistance and flood control; BECAUSE a critical component of the NFIP is the identification and mapping of the nation's floodplains to create a broad -based awareness of flood hazards and to provide the data necessary for community floodplain management programs and to actuarially rate flood insurance; BECAUSE FEMA administers the NFIP and is authorized by § 1360 of the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4101), to establish and update flood -risk zone data in floodplain areas; Because, in the identification of floodprone areas, FEMA is authorized to consult with, receive information from, and enter into agreements or other arrangements with the head of any State, regional, or local agency; BECAUSE FEMA encourages strong Federal, State, regional, and local partnerships for the purposes of reducing flood losses and disaster assistance; FEMA and its State, regional, and loyal partners have determined that it is advantageous to encourage and formalize greater cooperation in the flood hazard identification and mapping processes; and many communities and the agencies that serve them have developed considerable technical capabilities and resources that provide the opportunity to improve and expand the collection, development, and evaluation of flood hazard data; and BECAUSE the City of Renton participates in the NFIP and been deemed by FEMA to be in good standing in the NFIP; and BECAUSE the City of Renton has expressed a desire to perform certain functions in the flood hazard identification process and has provided evidence that it has sufficient technical capability and will dedicate the resources necessary to perform those functions. NOW THEREFORE, it is mutually agreed that the parties enter into this Agreement to work together to create and maintain accurate, up-to-date flood hazard data for City of Renton subject to the terms and conditions recited below. CTP Partnership Agreement City of Renton, Washington 1. CONSULTATIONS The parties shall collaborate on flood hazard identification activities and shall consult with each other to fully integrate each other's contributions into flood hazard identification efforts. Questions regarding the execution of this Agreement will be resolved by an implementation committee consisting of a FEMA representative and a City of Renton representative. In states where statutory and/or regulatory requirements require State review and/or approval of new flood hazard data, a State representative also will serve on the implementation committee as appropriate. If the implementation committee is unable to resolve technical issues, the issues may be resolved through alternative dispute resolution procedures. 2. EVALUATION AND REPORTING The parties shall, on an annual basis, review the partnership created by this Agreement to determine and document the activities undertaken to maintain accurate flood hazard data and to revise the Agreement as necessary. 3. RESOURCE COMMITMENT The parties agree to commit the appropriate and available human, technical, and financial resources sufficient to coordinate effectively with all entities impacted by flood hazard identification efforts to implement this Agreement. 4. STANDARDS Unless otherwise agreed to by the parties, all flood hazard identification activities will be accomplished in accordance with the standards documented in Guidelines and Specifications for Flood Hazard Mapping Partners, dated February 2002, and all subsequent revisions. 5. SPECIFIC INITIATIVES OR PROJECTS Specific initiatives or projects to be performed are documented in the Mapping Activity Statement(s) attached to this Agreement. The parties will be obligated to perform as described in the attached Mapping Activity Statement(s). 6. TERM The respective duties, responsibilities, and commitments of the parties in this Agreement shall begin on the date this Agreement is signed by the parties and may be periodically renewed, revised, or terminated at the option of any of the parties. The parties agree that a 60-day notice shall be given prior to the termination of this Agreement. CTP Partnership Agreement City of Renton, Washington THEREFORE, each Mapping Partner has caused this Agreement to be executed by its duly authorized representatives on the date this Agreement is signed. Jesse Turner Mayor City of Renton Date (Printed) Mark Carey, Acting Director Date (Printed) Flood Insurance and Mitigation Division Federal Emergency Management Agency, Region X Dan Sokol Date (Printed) Shorelands and Environmental Assistance Program Washington State Department of Ecology CTP Partnership Agreement City of Renton, Washington 4��TlGY M9�9 � City of Renton, Washington a a Cooperating Technical Partners Mapping Activity Statement ro ob Mapping Activity Statement No. 1— Digital Flood Insurance Rate Map Production and Development of Updated Flood Data In accordance with the Cooperating Technical Partners (CTP) Partnership Agreement dated , 2003, between the City of Renton, King County, Washington, and the Federal Emergency Management Agency (FEMA), Mapping Activity Statement (MAS) No. I is as follows. SECTION 1—OBJECTIVE AND SCOPE The objective of the Flood Map Project documented in this MAS is to develop a revised Digital Flood Insurance Rate Map (I)FIRM) and Flood Insurance Study (FIS) report for the City of Renton. The revised DFIRM and FIS report will be produced in the FEMA Countywide Format. In addition the Mapping Partners involved in this project will develop new and/or updated flood hazard data for Springbrook Creek from SW 43rd Street to the Black River Pump Station, a reach of approximately 3.43 miles. This Flood Map Project will be completed by the following • City of Renton; • R.W. Beck, Inc., a contractor to the City of Renton for this Flood Map Project; • Northwest Hydraulic Consultants (NHC), a subcontractor to R.W. Beck for this Flood Map Project; and • Michael Baker Jr., Inc., the FEMA Flood Map Production Coordination Contractor (MCC) or other FEMA contractor. The activities for this Flood Map Project, including required Quality Assurance/Quality Control (QA/QC) reviews, and the Mapping Partners that will complete them are summarized in Table 1-1. The sections of this MAS that follow Table 1-1 describe the specific activities, responsible Mapping Partner(s), FEMA standards that must be met, and resultant map components. In Table 1-1, the City of Renton is identified as "CTP." All activities that are to be accomplished by the City of Renton, R.W. Beck, NHC, or other contractors to the City of Renton that might be selected at a later date are included in the "CTP" column. Table 1-1. Summary of Project Activities Activity 1 —Field Surveys and Reconnaissance I X Activity 2 — Topographic Data Development I X Activity 3 — Independent QA/QC Review of Topographic Data X Activity 4 — Hydrologic Analyses X Activity 5— Independent QA/QC Review of Hydrologic Analyses X Activity 6 — Hydraulic Analyses X Activity 7 — Independent QA/QC Review of Hydraulic Analyses X Activity 8 — Floodplain Mapping (Detailed Riverine Analysis) X Activity 9 — Independent QA/QC Review of Floodplain Mapping (Revised Areas) X Activity 10 — Base Map Acquisition Activity 11 — DFIRM Production (Non -Revised Areas) X X Activity 12 — DFIRM Production (Merging Revised and Non -Revised I X Information) Activity 12A — DFIRM Production (Application of DFIRM Graphics and I X Database Specifications) Activity 13 — Preliminary DFIRM and FIS Report Distribution X Activity 14 — Post -Preliminary Processing I X I X Activity 1 - Field Surveys and Reconnaissance Responsible Mapping Partner: City of Renton and R.W. Beck Scope: To supplement any field reconnaissance conducted during the Project Scoping phase of this project, R.W. Beck shall conduct a detailed field reconnaissance of Springbrook Creek to note any change in roughness or additional hydraulic features that have been added since the current hydraulic model was developed. In addition to the initial field reconnaissance, R.W. Beck shall conduct a validation of cross sections that were used in the model that were not "as -built." The validation will consist of comparing selected modeled cross sections with surveyed cross sections. Up to six cross sections will be selected for survey and comparison. It is assumed that no more than 3 days in the field for survey work is required. R.W. Mapping Activity Statement No.1 2 City of Renton, WA Beck also shall coordinate with other Mapping Partners that are collecting topographic data under Activity 2. Standards: All work under Activity 1 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: In accordance with the Technical Support Data Notebook (TSDN) format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, R.W. Beck or the City of Renton shall make the following products available to FEMA: • Photographs documenting the current channel and bank roughness. • List of information sources used for the Flood Map Project; and • A memorandum discussing the validation results and recommendations. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fhm/frm gsam.pdf. Activity 2 - Topographic Data Development Responsible Mapping Partner: City of Renton and R.W. Beck Scope: The City of Renton and R.W. Beck shall provide topographic base mapping to be used to delineate floodplain boundaries. Specifically, the City shall generate 2-foot-contour-interval topographic mapping for Springbrook Creek using the existing digital mapping that was prepared in metric (0.5-meter contour interval) and done in accordance with National Map Accuracy Standards. The City will convert the existing to imperial units (2-foot contour). The topographic mapping and all other mapping for this Flood Map Project shall be prepared using the North American Vertical Datum of 1988. In addition, the City shall address concerns or questions regarding Activity 2 that are raised by the MCC during the independent QA/QC review under Activity 3. Standards: All work under Activity 2 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: Upon completion of topographic data collection and processing for Springbrook Creek, the City shall submit these data to the MCC for an independent QA/QC review under Activity 3. In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, the City of Renton shall make the following products available to FEMA: • Hardcopy topographic maps; • Report summarizing methodology and results; • Mass points and breaklines data on CD-ROM; • Digital work maps with contours; • Checkpoint analyses to assess the accuracy of data, including Root Mean Square Error calculations to support vertical accuracy; • Identification of remote -sensing data voids and methods used to supplement data voids; Mapping Activity Statement No.1 3 City of Renton, WA • National Geodetic Survey data sheets for Network Control Points used to control remote- sensing and ground surveys; and • Metadata (description of the horizontal and vertical accuracy of the base map) compliant with Federal Geographic Data Committee standards. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/thm/frm gsarn.pdf. Activity 3 - Independent QA/QC Review of Topographic Data Responsible Mapping Partner: FEMA (MCC) Scope: The MCC shall review the mapping data generated by the City of Renton under Activity 2 to ensure that these data are consistent with FEMA standards and standard engineering practice and are sufficient to prepare the DFIRM. Standards: All work under Activity 3 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, the MCC shall make the following products available to FEMA: • A Summary Report that describes the findings of the independent QA/QC review; and • Recommendations to resolve any problems that are identified during the independent QA/QC review. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/thm/fnn gsam.pdf. Activity 4 — Hydrologic Analyses Responsible Mapping Partner: Northwest Hydraulic Consultants (NHC) and City of Renton Scope: NHC shall perform hydrologic analyses for approximately 25 square miles of drainage area for Springbrook Creek. NHC shall calculate peak flood discharges for the 10-, 2-, and 1-percent-annual- chance storm events using the HSPF hydrologic model and methods outlined in the technical memorandum entitled "PROPOSED METHODOLOGY FOR HYDROLOGIC AND HYDRAULIC ANALYSIS OF LOWER SPRINGBROOK CREEK PURSUANT TO 2002 FLOODPLAIN RE - MAPPING" (NHC, 2002), which was submitted and duly reviewed by the City of Renton; King County; the U. S. Army Corps of Engineers, Seattle District; FEMA; and the MCC. These flood discharges will be the basis for subsequent hydraulic analyses under Activity 6. In addition, NHC and/or the City of Renton shall address all concerns or questions regarding Activity 4 that are raised during the independent QA/QC review performed by the MCC under Activity 5. Standards: All work under Activity 4 shall be performed in accordance with the standards specified in Section 5 of this MAS. Mapping Activity Statement No.1 4 City of Renton, WA Deliverables: Upon completion of hydrologic modeling for Springbrook Creek, NHC or the City of Renton shall submit the results to the MCC for an independent QA/QC review under Activity 5. In accordance with the TSDN format described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, NHC or the City of Renton shall make the following products available to FEMA: • Digital copies of all hydrologic modeling (input and output) files for the 10-, 2-, and I -percent - annual -chance storm events; • Digital and hardcopy versions of the Summary of Discharges Table presenting discharge data for the flooding sources for which hydrologic analyses were performed; • Digital and hardcopy versions of a memorandum documenting the hydrologic analysis for Springbrook Creek that is sufficient to meet the requirements for Section 3.1 of the FIS report as documented in Appendix J, Subsection J.1.3 of Guidelines and Specifications for Flood Hazard Mapping Partners; and • Digital and hardcopy versions of all relevant backup data used in the analysis, including work maps. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at at http://www.fema.gov/pdf/tbm/frm gsam.pdf. Activity 5 - Independent QA/QC Review of Hydrologic Analyses Responsible Mapping Partner: FEMA (MCC) Scope: The MCC shall review the technical, scientific, and other information submitted by NHC or the City of Renton under Activity 4 to ensure that the data and modeling are consistent with FEMA standards and standard engineering practice and are sufficient to prepare the DFIRM. This work shall include, at a minimum, the activities listed below. • Review the submittal for technical and regulatory adequacy, completeness of required information, and supporting data and documentation. The technical review is to focus on the following: - Use of acceptable models; - Use of appropriate methodology(ies); - Correctly applied methodology(ies)/model(s), including QC of input parameters; - Comparison with gage data and/or regression equations, if appropriate; and - Comparison with discharges for contiguous reaches or flooding sources. • Maintain records of all contacts, reviews, recommendations, and actions and make them readily available to FEMA. • Maintain an archive of all data submitted for hydrologic modeling review. (All supporting data must be retained for 3 years from the date funding recipient submits its final expenditure report to FEMA.) Standards: All work under Activity 5 shall be performed in accordance with the standards specified in Section 5 of this MAS. Mapping Activity Statement No.1 City of Renton, WA Deliverables: In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, the MCC shall make the following products available to FEMA: • A Summary Report that describes the findings of the independent QA/QC review; and • Recommendations to resolve any problems that are identified during the independent QA/QC review. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema..,og_v/pdf/thm/frm sg am.pdf. Activity 6 — Hydraulic Analyses Responsible Mapping Partner: R.W. Beck, NHC, and City of Renton Scope: R.W. Beck shall perform hydraulic analyses for approximately 3.43 miles of Springbrook Creek. The modeling will include the 10-, 2-, and 1-percent-annual-chance events based on peak discharges computed under Activity 4. The hydraulic methods used for this analysis will include the FEQ model. R.W. Beck shall use the existing FEQ model updated with any changes defined in Activity 1 to perform the hydraulic analyses. The analysis approach will generally follow the approach outlined in the technical memorandum entitled "PROPOSED METHODOLOGY FOR HYDROLOGIC AND HYDRAULIC ANALYSIS OF LOWER SPRINGBROOK CREEK PURSUANT TO 2002 FLOODPLAIN RE - MAPPING" (NHC, 2002). The hydraulic analyses will be used to establish flood elevations and a regulatory floodway for Springbrook Creek. Also, R.W. Beck and/or the City of Renton shall address all concerns or questions regarding Activity 6 that are raised by the MCC during the independent QA/QC review under Activity 7. Standards: All work under Activity 6 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: Upon completion of hydraulic modeling for Springbrook Creek, R.W. Beck or the City of Renton shall submit the results to the MCC for an independent QA/QC review under Activity 7. In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, R.W. Beck or the City of Renton shall make the following products available to FEMA: • Digital profiles of the 10-, 2-, and 1-percent-annual-chance water -surface elevations representing existing conditions using the FEMA RASPLOT program or similar software; • Digital and hardcopy versions of the Floodway Data Table for each flooding source that is compatible with the DFIRM database; • Digital and hardcopy versions of all hydraulic modeling (input and output) files; • Digital and hardcopy versions of table with range of Manning's "n" values; • Digital and hardcopy versions of all relevant backup data used in the analyses; and Mapping Activity Statement No.1 6 City of Renton, WA • Digital and hardcopy versions of a memorandum documenting the hydraulic analysis for Springbrook Creek that is sufficient to meet the requirements for Section 3.2 of the FIS report as documented in Appendix J, Subsection J.1.3 of Guidelines and Specifications for Flood Hazard Mapping Partners. These Activity 6 deliverables will be submitted along with the deliverables for Activity 8. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fhm/frm asam.pdf. Activity 7 - Independent QA/QC Review of Hydraulic Analyses Responsible Mapping Partner: FEMA (MCC) Scope: The MCC shall review the technical, scientific, and other information submitted by R.W. Beck or the City of Renton under Activity 6 to ensure that the data and modeling are consistent with FEMA standards and standard engineering practice and are sufficient to revise the FIRM. This work shall include, at a minimum, the activities listed below. • Review the submittal for technical and regulatory adequacy, completeness of required information, and supporting data and documentation. The technical review is to focus on the following: - Use of acceptable model(s); - Starting water -surface elevations; - Cross-section geometry; - Manning's "n" values and expansion/contraction coefficients; - Bridge and culvert modeling; - Flood discharges; - Regulatory floodway computation methods; and • Tie-in to upstream and downstream non -revised Flood Profiles • Maintain records of all contacts, reviews, recommendations, and actions and make them readily available to FEMA. • Maintain an archive of all data submitted for hydraulic modeling review. (All supporting data must be retained for 3 years from the date funding recipient submits its final expenditure report to FEMA.) Standards: All work under Activity 7 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, the MCC shall make the following products available to FEMA: • A Summary Report that describes the findings of the independent QA/QC review; and Mapping Activity Statement No.1 7 City of Renton, WA • Recommendations to resolve any problems that are identified during the independent QA/QC review. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fhm/frm gsam•pdf. Activity 8 - Floodplain Mapping (Detailed Riverine Analysis) Responsible Mapping Partner: R.W. Beck, NHC, and City of Renton Scope: R.W. Beck shall delineate the 1-percent-annual-chance floodplain boundaries and the regulatory floodway boundaries for Springbrook Creek. R.W. Beck shall incorporate all new or revised hydrologic and hydraulic analyses and shall use the topographic data acquired under Activity 2 to delineate the floodplain and regulatory floodway boundaries on a digital work map. In addition, R.W. Beck shall incorporate the results of all effective Letters of Map Change (LOMCs) within the revised areas as appropriate. Upon completion of the floodplain mapping, R.W. Beck shall submit the floodplain mapping to NHC for an independent QA/QC review for consistency with FEMA mapping (formatting) standards before the mapping is submitted to the MCC for an independent QA/QC review under Activity 9. Also, R.W. Beck or the City of Renton shall address all concerns or questions regarding Activity 8 that are raised by the MCC during the independent QA/QC review under Activity 9. Standards: All work under Activity 8 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: Upon completion of the floodplain mapping, R.W. Beck or the City of Renton shall submit the results to the MCC for an independent QA/QC review under Activity 9. In accordance with the TSDN format described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, R.W. Beck or the City of Renton shall make the following products available to FEMA: • Digital, Computer -Assisted Drafting (CAD) -generated work maps showing the 1- percent -annual - chance floodplain boundary delineations, regulatory floodway boundary delineations, cross sections, BFEs, flood insurance risk zone labels, and all applicable base map features; • Draft updates to existing DFIRM mapping for King County, Washington and Incorporated Areas by providing an updated portion for Springbrook Creek (in NAVD88 datum), prepared in accordance with the requirements in Guidelines and Specifications for Flood Hazard Mapping Partners; • Updates to existing metadata files describing the DFIRM data for King County, Washington and Incorporated Areas, including all required information shown in Guidelines and Specifications for Flood Hazard Mapping Partners; • Complete set of plots of CAD -generated work maps showing all detailed flood hazard information at a suitable scale; • A Summary Report that describes and provides the results of all automated or manual QA/QC review steps taken during the preparation of the CAD -generated work maps; • Any backup or supplemental information used in the mapping required for the independent QA/QC review outlined under Activity 9; and • An explanation for the use of existing topography for the studied reaches, if appropriate. Mapping Activity Statement No.1 8 City of Renton, WA Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/flim/frm gsam.pdf. Activity 9 - Independent QA/QC Review of Floodplain Mapping (Revised Areas) Responsible Mapping Partner: FEMA (MCC) Scope: The MCC shall review the floodplain mapping submitted by R.W. Beck or the City of Renton under Activity 8 to ensure that the results of the analyses performed are accurately represented, the work maps are consistent with current FEMA standards, and the work maps are sufficient to prepare the DFIRM. This work shall include, at a minimum, the activities listed below. • Review the cross sections for proper location and orientation on the work map and agreement with the Floodway Data Table. • Review the BFEs shown on the work maps for proper location and agreement with the results of the hydraulic modeling. • Review the regulatory Foodway widths shown on the work maps for agreement with the widths shown in the Floodway Data Table and the results of the hydraulic modeling. • Review the floodplain boundaries shown on the work maps for agreement with the flood elevations shown in the Floodway Data Table and the contour lines and other topographic information shown on the work maps. • Review the floodplain widths at cross sections as shown on the work maps to ensure they match the Floodway Data Table. • Review the floodplain boundaries as shown on the work maps to ensure they match the Flood Profiles. • Review the flood insurance risk zones as shown on the work maps to ensure they are labeled properly. • Review the DFIRM mapping files to ensure they were prepared in accordance with the requirements in Guidelines and Specifications for Flood Hazard Mapping Partners. • Review the metadata files to ensure they include all required information shown in Guidelines and Specifications for Flood Hazard Mapping Partners. Standards: All work under Activity 9 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, the MCC shall make the following products available to FEMA: • A Summary Report that describes the findings of the QA/QC review, noting any deficiencies in or agreeing with the mapping results; • Recommendations to resolve any problems that are identified during the independent QA/QC review; and • An annotated work map with all questions and/or concerns indicated, if necessary. Mapping Activity Statement No.1 g City of Renton, WA Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fbm/frm gsam.pdf. Activity 10 - Base Map Acquisition Responsible Mapping Partner: City of Renton and R.W. Beck Scope: The City of Renton and R.W. Beck shall provide the digital base map. The required activities are as follows: • Obtain digital files (raster or vector) of the base map. • Secure necessary permissions from the map source to allow FEMA's use and distribution of hardcopy and digital map products using the digital base map, free of charge. • Certify that the digital data meet the minimum standards and specifications that FEMA requires for DFIRM production. • Populate the DFIRM database with the information required by FEMA. Standards: All work under Activity 10 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, the City of Renton shall make the following products available to FEMA: • Written certification that the digital data meet the minimum standards and specifications; • Documentation that FEMA can use the digital base map; and • Digital work map (submitted under Activity 8). Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fbm/frm gsam.pdf. Activity 11 — DFIRM Production (Non -Revised Areas) Responsible Mapping Partner: FEMA (MCC) Scope: For all flooding sources except the segment of Springbrook Creek for which updated flood data will be developed under Activities 1 through 8, the MCC shall convert the information shown on the effective DFIRM for King County, Washington and Incorporated Areas, as appropriate, in accordance with FEMA DFIRM specifications. The MCC shall use the base map acquired under Activity 10 for the conversion. The scope of Activity 11 covers the revision of 3 DFIRM panels. The MCC also shall ensure that the results of LOMCs issued by FEMA since the date of the current effective DFIRM panels have been incorporated properly for flooding sources other than Springbrook Creek. Standards: All work under Activity 11 shall be performed in accordance with the standards specified in Section 5 of this MAS. Mapping Activity Statement No.1 10 City of Renton, WA • Digital work maps showing the 1--percent-annual-chance floodplain boundary delineations, regulatory floodway boundary delineations, cross sections, BFEs, flood insurance risk zone labels, and all applicable base map features; • DFIRM mapping files, prepared in accordance with the requirements in Guidelines and Specifications for Flood Hazard Mapping Partners; • Metadata files describing the DFIRM data, including all required information shown in Guidelines and Specifications for Flood Hazard Mapping Partners; • Complete set of plots of DFIRM panels showing all detailed flood hazard information at a suitable scale; and • A Summary Report that describes and provides the results of all automated or manual QA/QC review steps taken during the preparation of the DFIRM, including a check that the road and floodplain relationship is maintained for all non -revised areas. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fbm/frm gsam.pdf. Activity 12 —DFIRM Production (Merging Revised and Non -Revised Information) Responsible Mapping Partner: FEMA (MCC) Scone: Upon completion of the floodplain mapping activities for the revised flooding source (Activity 8) and the DFIRM production for non -revised areas (Activity 11), the MCC shall merge the digital floodplain data into a single, updated DFIRM. This work is to include tie-in of flood hazard information for areas that were not studied as part of the Flood Map Project documented in this MAS. The MCC also shall tie in the revised and non -revised Flood Profiles, floodplain boundaries, and regulatory floodway boundaries with contiguous communities that were not studied as part of the Flood Map Project documented in this MAS. Standards: All work under Activity 12 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, R.W. Beck or the City of Renton shall make the following products available to FEMA: • Digital work maps showing the 1- and 0.2-percent-annual-chance floodplain boundary delineations, regulatory floodway boundary delineations, cross sections, BFEs, flood insurance risk zone labels, and all applicable base map features; • DFIRM mapping files, prepared in accordance with the requirements in Guidelines and Specifications for Flood Hazard Mapping Partners; • Metadata files describing the DFIRM data, including all required information shown in Guidelines and Specifications for Flood Hazard Mapping Partners; • Complete set of plots of DFIRM panels showing all detailed flood hazard information at a suitable scale; and Mapping Activity Statement No.1 11 City of Renton, WA • A Summary Report that describes and provides the results of all automated or manual QA/QC review steps taken during the preparation of the DFIRM. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fbm/frm gsam.pdf Activity 12A — DFIRM Production (Application of DFIRM Graphics and Database Specifications) Responsible Mapping Partner: FEMA (MCC) Scope: The MCC shall apply the final FEMA DFIRM graphic and database specifications to the DFIRM files produced under Activity 12. This work shall include adding all required annotation, line pattern, area shading, and map collar information (e.g., map borders, title blocks, legends, notes to user). The MCC shall coordinate with those Mapping Partners responsible for Activities 8, 11, and 12, as necessary, to resolve any problems that are identified during Activity 12A. Standards: All work under Activity 12A shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners, the MCC shall make the following products available to FEMA: • Digital work maps showing the 1- and 0.2-percent-annual-chance floodplain boundary delineations, regulatory floodway boundary delineations, cross sections, BFEs, flood insurance risk zone labels, and all applicable base map features; • DFIRM mapping files, prepared in accordance with the requirements in Guidelines and Specifications for Flood Hazard Mapping Partners•, • Metadata files describing the DFIRM data, including all required information shown in Guidelines and Specifications for Flood Hazard Mapping Partners; • Complete set of plots of DFIRM panels showing all detailed flood hazard information at a suitable scale; and • A Summary Report that describes and provides the results of all automated or manual QA/QC review steps taken during the preparation of the DFIRM. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.feina.gov/pdf/fhm/fnn gsam.pdf. Activity 13 - Preliminary DFIRM and FIS Report Distribution Responsible Mapping Partners: FEMA (MCC) Scope: Activity 13 consists of the final preparation, review, and distribution of the Preliminary copies of the DFIRM and FIS report for community official and general public review and comment. The activities to be performed are summarized below. Mapping Activity Statement No.1 12 City of Renton, WA Preliminary Transmittal Letter Preparation. The MCC shall prepare letters to transmit the Preliminary copies of the DFIRM and FIS report and related enclosures to all affected communities, all other Project Team members, the State NFIP Coordinator, the FEMA Regional Office, and others as directed by FEMA. Final QAIQC Review of Preliminary DFIRM and FIS Report: The MCC shall perform a final QA/QC review of the Preliminary DFIRM and FIS report, including all data tables, Flood Profiles, and other components of the FIS report. The QA/QC review procedures shall be consistent with the Guidelines and Specifications for Flood Hazard Mapping Partners. Discrepancy Resolution: The MCC shall work with City of Renton, R.W. Beck, NHC, and FEMA as appropriate to resolve discrepancies identified during the final QA/QC review. Distribution of Preliminary DFIRM and FIS Report: The MCC shall distribute the Preliminary copies of the DFIRM and FIS report to all affected communities, all other Project Team members, the State NFIP Coordinator, the FEMA Regional Office, and others as directed by FEMA. News Release Preparation: The MCC shall prepare news release notifications of BFE changes for all affected communities if appropriate and perform QA/QC reviews of the notifications for accuracy and compliance with FEMA format requirements. The MCC shall file the notifications for later submittal to FEMA for review. Preliminary Summary of Map Actions (SOMA) Preparation: The MCC shall prepare Preliminary SOMAs for all affected communities if appropriate. The SOMA shall list pertinent information regarding LOMCs that will be affected by the issuance of the DFIRM (i.e., superseded, incorporated, revalidated). Standards: All work under Activity 13 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners and the requirements documented in Section 1 and Appendix A of the FEMA Document Control Procedures Manual, the MCC shall make the products listed below available to FEMA. • Preliminary transmittal letters shall be prepared. These letters and any additional letters requested by FEMA shall be prepared in accordance with the current version of the FEMA Document Control Procedures Manual. • Preliminary copies of the DFIRM and FIS report, including all updated data tables and Flood Profiles shall be mailed to the Chief Executive Officer (CEO) and floodplain administrator of each affected community, all other Project Team members, the State NFIP Coordinator, the FEMA Regional Office, and others as directed by FEMA. • Preliminary SOMAs, prepared in accordance with FEMA requirements, shall be mailed with the Preliminary copies of the DFIRM and FIS report when appropriate. • Revised DFIRM mapping files, prepared in accordance with the requirements in Guidelines and Specifications for Flood Hazard Mapping Partners, shall be provided on CD-ROM. • Revised DFIRM database files, prepared in accordance with the requirements in Guidelines and Specifications for Flood Hazard Mapping Partners, shall be provided on CD-ROM. Mapping Activity Statement No.1 13 City of Renton, WA Revised metadata files describing the DFIRM data, including all required information shown in Guidelines and Specifications for Flood Hazard Mapping Partners, shall be provided on CD-ROM. • A Summary Report that describes and provides the results of all automated or manual QA/QC review steps taken during the preparation of the DFIRM shall be provided. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fhm/fnn sg am.pdf. Activity 14 - Post -Preliminary Processing Responsible Mapping Partners: FEMA (MCC) and City of Renton Scope: Activity 14 consists of finalizing the DFIRM and FIS report after the Preliminary copies of the DFIRM and FIS report have been issued to community officials and the public for review and comment. The activities to be performed are summarized below. Initiation of Statutory 90-Day Appeal Period: When required, upon completion of a 30-day community comment period and/or final coordination meeting with the affected communities, the MCC and City of Renton shall arrange for and verify that the following activities are completed in accordance with the current version of the FEMA Guidelines and Specifications for Flood Hazard Mapping Partners and Document Control Procedures Manual: • Proposed BFE determination letters are sent to the community CEOs and floodplain administrators. • News release notifications of BFE changes are published in prominent newspapers with local circulation. • The appropriate notices (Proposed Rules) are published in the Federal Register. Resolution of Appeals and Protests: The MCC and the City of Renton shall support FEMA in reviewing and resolving appeals and protests received during the 90-day appeal period. For each appeal and protest, the following activities shall be conducted as appropriate: • Initial processing and acknowledgment of submittal; • Technical review of submittal; • Preparation of letter(s) requesting additional supporting data; • Performance of revised analyses; and • Preparation of a draft resolution letter and revised DFIRM and FIS report materials for FEMA review. The MCC shall mail all associated correspondence upon authorization by FEMA. Preparation of Special Correspondence: The MCC and the City of Renton shall support FEMA in responding to comments not received within the 90-day appeal period (referred to as "special correspondence"), including drafting responses for FEMA review when appropriate and finalizing responses when requested by FEMA. The MCC also shall mail the final correspondence (and enclosures Mapping Activity Statement No.1 14 City of Renton, WA if appropriate) and distribute appropriate copies of the correspondence and enclosures upon receipt of authorization from FEMA. Revision of DFIRM and FIS Report: If necessary, the MCC and the City of Renton shall work together to revise the DFIRM and FIS report at the direction of the FEMA Regional Project Officer and distribute Revised Preliminary copies of the DFIRM and FIS report to the CEO and floodplain administrator of each affected community, all other Project Team members, the State NFIP Coordinator, the FEMA Regional Office, and others as directed by FEMA. Final SOMA Preparation: The MCC shall prepare Final SOMAS for the affected communities as appropriate. Processing of Letter of Final Determination: The MCC and the City of Renton shall work with FEMA to establish the effective date for the DFIRM and FIS report, and shall prepare a Letter of Final Determination (LFDs) for each affected community for FEMA review in accordance with the FEMA Document Control Procedures Manual. The MCC also shall mail the final signed LFDs and enclosures and distribute appropriate copies of the signed LFDs and enclosures (including the Final SOMA and the Final Rule for publication in the Federal Register, when appropriate) upon receipt of authorization from FEMA. Processing of Final DFIRM and FIS Report for Printing: The MCC shall prepare final reproduction materials for the DFIRM and FIS report and provide these materials to the FEMA Map Service Center for printing by the U.S. Government Printing Office: The MCC also shall prepare the appropriate paperwork to accompany the DFIRM and FIS report (including Print Processing Worksheet, Printing Requisition Forms, and Community Map Actions Form) and transmittal letters to the community CEOs. Revalidation Letter Processing. The MCC shall prepare and distribute letters to the community CEOs and floodplain administrators to notify the affected communities about LOMCs for which determinations will remain in effect after the DFIRM and FIS report become effective. Archiving Data: The MCC shall ensure that technical and administrative support data are packaged in the FEMA-required TSDN format and stored properly in the library archives. Standards: All work under Activity 14 shall be performed in accordance with the standards specified in Section 5 of this MAS. Deliverables: In accordance with the TSDN format described in described in Appendix M of Guidelines and Specifications for Flood Hazard Mapping Partners and the requirements documented in Section 1 and Appendix A of the FEMA Document Control Procedures Manual, the MCC and the City of Renton shall make the following products available to FEMA: • Documentation that the news releases were published in accordance with FEMA requirements; • Documentation that the appropriate Federal Register notices (Proposed and Final Rules) were published in accordance with FEMA requirements; • Draft and final Special Correspondence (and all associated enclosures, backup data, and other related information) for FEMA review and signature as appropriate; • Draft and final Appeal and Protest acknowledgment, additional data, and resolution letters (and all associated enclosures, backup data, and other related information) for FEMA review and signature as appropriate; Mapping Activity Statement No.1 15 City of Renton, WA • Draft and final LFDs (and all associated enclosures, backup data, and other related information) for FEMA review and signature; • DFIRM negatives and final FIS report materials, including all updated data tables and Flood Profiles; • Paperwork for the final DFIRM and FIS report materials; • Transmittal letters for the printed DFIRM and FIS report; • LOMC Revalidation Letters if appropriate; and • Complete, organized archived technical and administrative support data. Appendix M may be downloaded from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/pdf/fhm/frm gsam.pdf. SECTION 2-TECHNICAL AND ADMINISTRATIVE SUPPORT DATA SUBMITTAL The Project Team members for this Flood Map Project that have responsibilities for activities included in this MAS shall comply with the data submittal requirements summarized below. All supporting documentation for the activities in this MAS shall be submitted in the TSDN format in accordance with Appendix M of the FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, dated February 2002. Appendix M is available for viewing or download on the FEMA Web site at http://www.fema.gov/pdf/fbmJfrm gsam.pdf . Table 2-1 indicates the sections of the TSDN that apply to each mapping activity. If any issues arise that could affect the completion of an activity within the proposed scope or budget, the responsible Mapping Partner shall complete a Special Problem Report (SPR) as soon as possible after the issue is identified and submitted to FEMA. The SPR is to describe the issue and propose possible resolutions. (For additional information on SPRs, refer to Appendix M, Subsection M.2.1.1 of Guidelines and Specifications for Flood Hazard Mapping Partners.) Additionally, the MCC shall collect and maintain a set of products for all Activities and shall compile a comprehensive TSDN for the entire project. Mapping Activity Statement No.1 16 City of Renton, WA Table 2-1. Mapping Activities and Applicable TSDN Sections �� 3 E ; Activlttes �' �23a �4 5 ", S V 'r , "I v b _ . S 3s �' - h' General Documentation Special Problem Reports X X X X X X X X X X X X X X Telephone Conversation Reports X X X X X X X X X X X X X X Meeting Minutes/Reports X X X X X X X X X X X X X X General Correspondence X X X X X X X X X X X X X X Engineering Analyses Hydrologic Analyses X X X X X X X Hydraulic Analyses X X X X X X X Key to Cross -Section Labeling X X X X X X X Draft FIS Report X X X X Mapping Information X X X X X X X X X Miscellaneous Reference X X X X X X X X X X X X X X Information SECTION 3-PERIOD OF PERFORMANCE The mapping activities outlined in this MAS will begin on September 15, 2003, and will be completed no later than September 30, 2005. The mapping activities may be terminated at the option of FEMA or the City of Renton in accordance with the provisions of the Partnership Agreement dated , 2003. Mapping Activity Statement No.1 17 City of Renton, WA SECTION 4-FUNDING/COST-SHARING The City of Renton shall provide all resources required to complete the activities assigned to the City, R.W. Beck, and NHC for this Flood Map Project. FEMA shall provide the resources required to complete the activities assigned to FEMA and its MCC for this Flood Map Project. SECTION S-STANDARDS The standards relevant to this Mapping Activity Statement are provided in Tables 5-1 and 5-2. Information on the correct volume, appendix, section, or subsection of the FEMA Guidelines and Specifications for Flood Hazard Mapping Partners to be referenced for each mapping activity are summarized in Table 5-2. These Guidelines are available for viewing or download from the FEMA Flood Hazard Mapping Web site at http://www.fema.gov/fhm/dl c s.shtm. Mapping Activity Statement No.1 18 City of Renton, WA Table 5-1. Applicable Standards for Project Activities Guidelines and Specifications for Flood Hazard Mapping Partners, X X X X X X X X X X X X X X April 2003 American Congress on Surveying and Mapping Procedures X Global Positioning System (GPS) Surveys: National Geodetic Survey (NGS-58), "Guidelines for X Establishing GPS-Derived Ellipsoid Heights," November 1997 Engineer Manual 1110-1-1000, Photogrammetric Mapping (USACE), X July 1, 2002 Engineer Manual 1110-2-1003, Hydrographic Surveys (USACE), X January 1, 2002 "Numerical Models Accepted by FEMA X X X X for NFIP Usage," Updated April 2003 Content Standard for Digital Geospatial Metadata (Federal X X X X X X X X X Geographic Data Committee), 1998 Document Control Procedures X X X Manual, December 2000 Mapping Activity Statement No. 1 19 `:ity of Renton, WA Table 5-2. Project Activities and Applicable Portions of FEMA Guidelines and Specifications LA'teritti�c 3 _ ' r��¢xa .',?'LS rr � n. _ ., ,�. ,. w� ;.<, 5Y yi . .... .e- .,Y &i;� ,. a f�Le+ }' ,.rs./„ - V....`S, t ..� ice" ¢ .� es-',& "'� ,v �, ,.M,'�'M yng^' ^T 1,� �a. _.u:'. Volume 1, Sections 1.2, 1.3, 1.4 (specifically Subsection 1.4.2.1) 1 Field Surveys and Reconnaissance ----------------------------------------------------------------------------------------------------- Appendix A, Sections A.4, A.5, A.6, A.7, and A.8 --------------------------------------------------------------------------------------------------- Appendices B, C, and M 1. Subsection 1.-4.2.1) Volume 1, Section- 1.4 (specifically- - ------------------------------------------------------------------------------------------------ 2 Topographic Data Development Appendix A, Sections A.2, A.3, A.7 and A.8 ---------------------------------------------------------------------------------------------------- Appendix M Volume 1, Section 1.4 (specifically Subsections 1.4.1 and 1.4.2.1) 3 IndependentQA/QC Review of --------------------------------------------------------------------------------------------------- Appendix A, Sections A.2, A.3, A.7 (specifically Subsection A.7.5), and A.8 Topographic Data (specifically Subsection-A:8:6) ---------------------------------------------------------------- Appendix M Volume 1, Section 1.4 (specifically Subsections 1.4.2.2 and 1.4.2.4) 4 Hydrologic Analyses ----------------------------------------------------------------------------------------------------- Appendix A, Section AA ----------------------------------------------------------------------------------------------------- Appendix C, Sections C.1 and C.7 ---------------------------------------------------------------------------------------------------- Appendices E, F, G, H, and M Volume 1, Section 1.4 (specifically Subsection 1.4. 1) ----------------------------------------------------------------------------------------------------- Independent QA/QC Appendix A, Section A.4 5 Review of Hydrologic Analyses ---------------------------------------------------------------------------------------------------- Appendix C, Section C.2 - -- ------------------------------------------------------------------------------- Appendices E, F, G, H, and M Mapping Activity Statement No. 1 20 City of Renton, WA Table 5-2. Project Activities and Applicable Portions of FEMA Guidelines and Specifications (Cont'd) �u�sec�on w"`.�X, �� Y � .;",. 4 ,?. l '..'i�6 �. s'.. W„ X n � k � 'S �S�" { 1 M'f��✓5z i' � � '3 3 f% yt Volume 1, Section 1.4 (specifically Subsections 1.4.2.2 and 1.4.2.4) ----------------------------------------------------------------------------------------------------- 6 Hydraulic Analyses Appendix A, Section A.4 (specifically Subsection A.4.7) ----------------------------------------------------------------------------------------------------- Appendix C, Sections C.3 and C.7 ---------------------------------------------------------------------------------------------------- Appendices B, E, F, G, H, and M Volume 1, Section 1.4 (specifically Subsection 1.4.1) ----------------------------------------------------------------------------------------------------- Independent QA/QC Review of Appendix A, Section AA (specifically Subsection A.4.7) 7 --------------------------------------------------------------------------------------------------- Hydraulic Analyses Appendix C, Section C.5 ---------------------------------------------------------------------------------------------------- Appendices B, E, F, G, H, and M Volume 1, Section 1.4 (specifically Subsection 1.4.2.3) Floodplain Mapping (Detailed Riverine ----------------------------------------------------------------------------------------------------- 8 Analysis) Appendix C, Sections C. 4 and C.6 ---------------------------------------------------------------------------------------------------- Appendices K, L, and M Independent QA/QC Volume 1, Section 1.4 (specifically Subsections 1.4.1 and 1.4.2.3) ---------------------------------------------------------------------------------------------------- 9 Review of Floodplain Mapping (Revised Appendix C, Sections CA and C.6 Areas) --------------------------------------------------------------------------------- Appendices K, L, and M Volume 1, Sections 1.3 (specifically Subsection 1.3.1.8) and 1.4 (specifically 10 Base Map Acquisition and Preparation Subsections 1.4.3.1 and 1.4.3.2) --------------------------------------------------------------- Appendix A, Section A.1 (specifically Subsection A.1.1) Volume 1, Section 1.4 (specifically Subsections 1.4.2.2, 1.4.2.3, and 1.4.3.2) 11 DFIRM Production (Non -Revised Areas) --------------------------------------------------------------------------------------------------- Appendices K, L, and M Mapping Activity Statement No. 1 21 ,ity of Renton, WA Table 5-2. Project Activities and Applicable Portions of FEMA Guidelines and Specifications (Cont'd) DFIRM Production Volume 1, Section 1.4 (specifically Subsections 1.4.2.3 and 1.4.3.3) 12 (Merging Revised and Non -Revised --------------------------------------------------------------------------------------------------- Areas) Appendices K and L DFIRM Production Volume 1, Section 1.4 (specifically Subsections 1.4.2.3, 1.4.3.3, 1.4.3.9, and 1.4.3.10) 12A (Application of DFIRM Graphics and ----------------------------------------------------------------------------------------------------- Database Specifications) Appendices K and L Volume 1, Sections 1.4 (specifically Subsections 1.4.2 and 1.4.3) and 1.5 (specifically 13 Preliminary DFIRM and FIS Report Subsection 1.5.1) Distribution ---pendice------ -----n -M --------------------------------------------------------------------- Appendices J, K, L, and M Volume 1, Section 1.5 (specifically Subsection 1.5.2) 14 Post -Preliminary Processing --------------------------------------------------------------------------------------------------- Appendices J, K, L, and M Mapping Activity Statement No. 1 22 City of Renton, WA SECTION 6-SCHEDULE The activities documented in this MAS shall be completed in accordance with the project schedule presented in Table 6-1. If changes to this schedule are required, the responsible Mapping Partner shall coordinate with FEMA and the other Mapping Partners in a timely manner. As in Table I A earlier in this MAS, the City of Renton is identified as "CTP." All activities that are to be accomplished by the City of Renton, R.W. Beck, NHC, or other contractors to the City of Renton that might be selected at a later date are assigned to "CTP" in the Responsible Partner(s) column in Table 6-1. Table 6-1. Project Schedule ,, Fl ESP�ONSIBL DATE F�AITNERCS� QUE �' Activity 1 — Field Surveys and Reconnaissance CTP 09-30-03 Activity 2 — Topographic Data Development CTP 09-30-03 Activity 3 — Independent QA/QC Review of Topographic Data FEMA (MCC) 10-31-03 Activity 4 — Hydrologic Analyses CTP 11-30-03 Activity 5— Independent QA/QC Review of Hydrologic Analyses FEMA (MCC) 12-31-03 Activity 6 — Hydraulic Analyses CTP 01-31-04 Activity 7 — Independent QA/QC Review of Hydraulic Analyses FEMA (MCC) 02-28-04 Activity 8 — Floodplain Mapping (Detailed Riverine Analysis) CTP 03-31-04 Activity 9 — Independent QA/QC Review of Floodplain Mapping FEMA (MCC) 04-30-04 (Revised Areas) Activity 10 — Base Map Acquisition CTP 11-30-03 Activity 11 — DFIRM Production (Non -Revised Areas) FEMA (MCC) 05-15-04 Activity 12 — DFIRM Production (Merging Revised and Non- FEMA (MCC) 07-15-04 Revised Information) Activity 12A — Application of DFIRM Graphic and Database FEMA (MCC) 08-15-04 Specifications Activity 13 — Preliminary DFIRM and FIS Report Distribution FEMA (MCC) 09-01-04 Activity 14 — Post -Preliminary Processing CTP, FCCMA 09-30-05 Mapping Activity Statement No. 1 23 City of Renton, Washington SECTION 7-CERTIFICATIONS The following certifications apply to this MAS: Activity 1 (Field Surveys and Reconnaissance) and Activity 2 (Topographic Data Development) A Registered Professional Engineer or Licensed Land Surveyor shall certify topographic information, in accordance with 44 CFR 65.5(c). Certification of topographic information by the American Society for Photogrammetry and Remote Sensing is also acceptable. Activity 4 (Hydrologic Analyses). Activity 6 (Hydraulic Analyses), Activity 8 (Floodplain Mapping— Detailed Riverine Analysis) A Registered Professional Engineer shall certify the hydrologic and hydraulic analyses and data in accordance with 44 CFR 65.6(f). Activity 8 (Floodplain Mapping— Detailed Riverine Analysis), Activity 9 (Independent QA/QC Review of F000dplain Mapping {Revised Areas)), Activity 11 (DFIRM Production {Non -Revised Areas)), Activity 12 (DFIRM Production {Merging Revised and Non -Revised Information}), and Activity 12A (DFIRM Production {Application of DFIRM Graphics and Database Specifications)) The DFIRM metadata files shall include a description of the horizontal and vertical accuracy of the DFIRM base map and floodplain information. Activity 10 (Base Map Acquisition and Preparation) • A community official or responsible party shall provide written certification that the digital data meet FEMA minimum standards and specifications. • The responsible Mapping Partner (City of Renton) shall provide documentation that the digital base map can be used by FEMA. SECTION 8-TECHNICAL ASSISTANCE AND RESOURCES Project Team members may obtain copies of FEMA-issued LOMCs, archived engineering backup data, and data collected as part of the Mapping Needs Assessment Process from the MCC, who may be contacted by telephone at 703-317-3062 or by facsimile at 703-317-3023. General technical and programmatic information, such as FEMA 265 and the Quick-2 computer program, can be downloaded from the FEMA Web site (www.fe.ma.gov/fhrn/). Specific technical and programmatic support may be provided through the MCC; such assistance should be requested through the FEMA Project Officer specified in Section 11 of this MAS. Project Team members also may consult with the FEMA Regional Project Officer to request support in the areas of selection of data sources, digital data accuracy standards, assessment of vertical data accuracy, data collection methods or subcontractors, and Geographic Information System -based engineering and modeling training. Mapping Activity Statement No. 1 24 City of Renton, Washington SECTION 9-CONTRACTORS The City of Renton intends to use the services of R.W. Beck, Inc., and Northwest Hydraulic Consultants as contractors for this Flood Map Project. The City of Renton shall ensure that the procurement for all contractors used for this Flood Map Project complies with the requirements of 44 CFR 13.36. Part 13 may be downloaded in PDF or text format from the U.S. Government Printing Office Web site at http://www.access.gpo.gov/nara/cfr/waisidx 02/44cfrl3 02.htm1. SECTION 10-FINANCIAL REPORTING Because funding has not been provided to the City of Renton by FEMA for this Flood Map Project, no financial reporting by the City of Renton is required. SECTION 11-POINTS OF CONTACT The points of contact for this Flood Map Project are Joe Weber, the FEMA Regional Project Officer; Allen Quynn, the Project Manager for the City of Renton; or subsequent personnel of comparable experience who are appointed to fulfill these responsibilities. When necessary, the assistance of the MCC should be requested through the FEMA Project Officer, Max Yuan. Mapping Activity Statement No. 1 25 City of Renton, Washington Each party has caused this MAS to be executed by its duly authorized representative. Allen Quynn Project Manager City of Renton Joseph T. Weber, Jr. Regional Project Officer Federal Emergency Management Agency, Region X Max H. Yuan Project Officer Federal Emergency Management Agency Dan Sokol State NFIP Coordinator Washington State Department of Ecology Mapping Activity Statement No. 1 City of Renton, Washington Date (Printed) Date (Printed) Date (Printed) Date (Printed) 26 t I q a �- aoo3 CITY OF RENTON, WASHINGTON RESOLUTION NO. 34 /O D A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (F.E.M.A.). WHEREAS, F.E.M.A. is responsible for establishing flood plain maps; and WHEREAS, the City wishes to have the flood plain map updated for the Springbrook Creek area; and WHEREAS, the City needs to complete certain hydrologic and hydraulic modeling preparatory to updating of the flood plain maps; and WHEREAS, F.E.M.A. will review and approve the modeling methodology of flood plain maps; and WHEREAS, it is necessary to establish the responsibilities, timing, and criteria to be used in updating the flood plain map for Springbrook Creek; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement with F.E.M.A. entitled "Federal Emergency Management Agency Cooperating Technical Partnership Agreement." 1 a RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2003. Approved as to form: Lawrence J. Warren, City Attorney RES.1006:8/27/03:ma Jesse Tanner, Mayor 2 9/RAlaoo3 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5'017 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTERS 4-2, 4-3, AND 4-4 OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON- TO ALLOW URBAN STYLE MULTI- FAMILY HOUSING IN THE SUBURBAN CENTER OVERLAY DISTRICT WITHIN THE HIGHLANDS REDEVELOPMENT AREA. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Subsection "Attached dwellings" in Section 4-2-060.C, Residential, of Chapter 2, "Zoning Districts — Uses and Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to change the text in the CS cell from "P20" to "P73." SECTION II. Section 4-2-070.K, "Center Suburban (CS)," of Chapter 2, "Zoning Districts — Uses and Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to change the text in the cell for "Attached dwelling" under "RESIDENTIAL" from "P #20" to "P #73." SECTION III. Section 4-2-080.A, "Conditions Associated With Zoning Use Tables," of Chapter 2, "Zoning Districts — Uses and Standards,"of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new subsection, 73, to read as follows: 73. a. Subject to the density limitations located in the development standards for this zone. Projects within the Suburban and Neighborhood Center Residential Bonus District, RMC 4-3-095.B.3, are also subject to the provisions and 1 ORDINANCE NO. development standards in RMC 4-3-095.0 and D, Suburban and Neighborhood Center Residential Bonus District. b. Within the Center Village (CV) Comprehensive Plan designation, attached dwelling unit developments in the range of 10 to 20 dwelling units per net acre may only be townhouse unit types. SECTION IV. The CN and CS zone cells of the "Maximum Density within Suburban and Neighborhood Residential Bonus District"" portion of Section 4-2-120.A of Chapter 2, "Zoning Districts — Uses And Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as shown in Attachment 1. SECTION V. The CS zone cell of "Minimum Onsite Landscape Width Along the Street Frontage Required When a Commercial Lot is Adjacent to Property Zoned Residential, RC, R-1, R-5, R-8, R-10, R-14, or RM" portion of Section 4-2-120.A of Chapter 2, "Zoning Districts — Uses and Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Attachment 2. SECTION VI. The CS zone cell of "Maximum Building Height, except for Public uses with a `Public Suffix' (P) designatioWo" portion of Section 4-2-120.A of Chapter 2, "Zoning Districts — Uses and Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Attachment 2.A. 2 ORDINANCE NO. SECTION VII. Sections 4-3-095.B.1, 2, and 3 of Chapter 3, "Environmental Regulations and Overlay Districts," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 4-3-095.B APPLICABILITY: This section applies to all residential development and mixed commercial/residential development proposed within the following districts. 1. Centers Residential Bonus District A: That area depicted in subsections B.4.a and BA.b of this Section within one hundred fifty feet (150') of the public right -of- ways of Sunset Blvd. NE and NE 4th St. within the Suburban Center and Neighborhood Center Zoning Designations. 2. Centers Residential Bonus District B: That area depicted in subsections BA.a, and B.4.b of this Section beginning one hundred fifty feet (150') from the public rights -of -way of Sunset Blvd. NE and NE 4th St. within the Suburban Center and Neighborhood Center Zoning Designations. 3. Centers Residential Bonus District C: That area depicted in subsection BA.c of this Section within the Suburban Center Zoning Designation. SECTION VIII. Section 4-3-095.B.4 of Chapter 3, "Environmental Regulations and Overlay Districts," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Attachment 3. SECTION IX. Sections 4-3-095.0 and D of Chapter 3, "Environmental Regulations and Overlay Districts," of Title IV (Development Regulations) of Ordinance No. 3 ORDINANCE NO. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as shown in Attachment 4. SECTION X. Section 4-3-095.E of Chapter 3, "Environmental Regulations and Overlay Districts," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: E. MODIFICATION PROCEDURE: To provide greater flexibility in meeting the purpose of the Centers Residential Bonus District, projects within Districts A and B that do not meet the special development standards of subsection D of this Section may be approved through a modification process when superior design is demonstrated. Except for projects within District C, application may be made for modification of these development standards pursuant to RMC 4-9-250.D and the decision criteria stipulated in RMC 4-9-250.D.2. For a modification to be granted, applicants must comply with the design criteria in RMC 4-9-250.D.2 and D.3. Projects within District C must request a variance to deviate from these code provisions. SECTION XI. The "Attached dwellings (structured parking) in the CD, RM-U, and RM-T Zones:" and the "Attached dwellings (surface parking/private garage/carport parking) in CD,'RM-U, and RM-T Zones:" portions of the Parking Use Table, in Section 4-4-080.F.10.e of Chapter 4, "City -Wide Property Development Standards," of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to consolidate the two rows and to read as shown in Attachment 5. SECTION XII. This Ordinance shall be effective upon its passage, approval, and five days after its publication. 4 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2003. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1041:9/5/03:ma Jesse Tanner, Mayor 5 Attachment 1 DENSITY (Net Density in I CN I CS Dwelling Units per Net Acre) ximum Density within burban and Neighborhood sidential Bonus District b) to 60 dwelling units per net e may be granted for vision of: (a) mixed use jests defined as a minimum ►th of 30 feet of commercial on the first floor of the nary structure facing the Trial, and (b) parking ,losed under or enclosed iin the first floor of the nary structure with either or rear access. B (RMC 4-3-095B4a b) bonus for architectural novation may be approved up a total of 36 dwelling units pe .t acre through the odification process of RMC 4- 095E and the design criteria RMC 4-9-250D3. b) to 60 dwelling units per net e may be granted for vision of: (a) mixed use jects defined as a minimum ith of 30 feet of commercial on the first floor of the nary structure facing the trial, and (b) parking .losed under or enclosed iin the first floor of the nary structure with either or rear access. B (RMC 4-3-09564a b) bonus for architectural novation may be approved up a total of 36 dwelling units per �t acre through the odification process of RMC 4- 095E and the design criteria RMC 4-9-250133. C (RMC 4-3-095B4c) to 80 dwelling units per net e may be granted for vision of: (a) a minimum ►th of 30 feet and a minimum gth of 60 feet of commercial on the first floor of the nary structure, and (b) king enclosed under or :losed within the first floor of primary structure. Attachment 2 LANDSCAPING CS Minimum Onsite Landscape 15 ft. wide landscape buffer is Width Along the Street required 3 unless otherwise Frontage Required When a determined by the Reviewing Commercial Lot is Adjacent$ Official through the site plan o Property Zoned review process. Residential, RC, R-1, R-5, R-8, R-10, R-14, or RM Attachment 2.A HEIGHT CS Maximum Building Height, 50 ft. except when abutting except for Public uses with lots zoned R-8, RMH, R-10, "Public Suffix" (P) R-14, RIVIA or RM-C, then designation20 45 ft. 26 In the area depicted in RMC -3-095134c, in no case may heights of commercial, residential, or mixed -use buildings exceed 45 ft. maximum height for portions of property within 80 ft. of an R-8 or R-10 property line unless a modification through site plan review process is requested. Heights in other areas may xceed the maximum height ith a Conditional Use Permit. 16 Attachment 3 4. Centers Residential Bonus District Maps: a. 51 NE 2nd Si C. This figure is a graphic representation, not guaranteed to survey accuracy. To find the district(s) applicable to a specific parcel, refer to RMC 4-3-095B1, 132, and 133. Attachment 4 4-3-095.0 USES PERMITTED IN CENTERS RESIDENTIAL BONUS DISTRICT(S): The following residential uses are permitted in addition to all other nonresidential uses, existing flats/townhomes, and accessory uses permitted in the underlying zoning. Flats, when in a mixed use structure that combines residential with a first floor commercial use(s) and when located above the first floor. Adult family homes 4-3-095.D Detached dwelling Semi -attached dwelling; up to 4 consecutively attached Townhouses, up to 4 consecutively attached Adult family homes Boarding and lodging houses Group homes II, for 6 or less Group homes 11, for 7 or more Retirement residences Flats or townhouses, when in a mixed use structure that combines residential with a first floor commercial use(s). Adult family homes SPECIAL DEVELOPMENT STANDARDS FOR RESIDENTIAL USES AND RESIDENTIAL/COMMERCIAL USES LOCATED WITHIN THE CENTERS RESIDENTIAL BONUS DISTRICT: Unless special development standards are specified below in this subsection, the development standards listed in the underlying CS and CN zoning are applicable. The modification procedure specified in subsection E of this Section may be used for residential and residential/commercial mixed use projects proposing to exceed the development standards in this subsection. 1 40, i'4ETF'YC .. 1N. �5"?yi'NTr;.:4 Site Layout NA Provide access and NA infrastructure to serve the development equivalent to those requirements established in the subdivision regulations. On -site Open None None Attached housing Space developments of 10 or more dwelling units shall Requirement provide a minimum aggregated area of common open space or recreation area of at least 50 square feet per unit. The location, layout, and proposed type of common space or recreation area shall be subject to approval b the Reviewing Official. Minimum Land None Minimum Land Area per None Area per Dwelling Dwelling Unit: 1,200 sq. ft. including building footprint. Unit Within this square footage 250 sq. ft. must be developed in landscaping or private yard abutting each unit. ' Minimum Lot Size None None None .... �. .. i, R .'2 'vi..,w k y� �`ut 'SC� '� ��•, wS�n,..:Ya, Srt '"a?.A,r� �.a +'rS'�lwSS C'�, d N � � k'_. g,:�' ✓�.'�_ts.e .. Urt( 3', k d._.,, .k.N ,W R,'fi�wr,�:. A .J.,a.a.:.,�3,._Y,mry _n,h ,1„t. .�....5 .�,f.� ..B J, Aw',fr�A�a?✓k...�.iu.: Maximum Lot Use standards in the base 65% Use standards in base zone. Coverage For zone. Buildings .}! MBI ` .. c w r..� w1.. � s. FSetbacks, € ". =TSksfir,�.1f �#"r�. >;� �. -. s: -�:'✓ W 'k'r77' �fE.rZ�*�y,4n��+J'�l' lNq SV i71 �aa. ; 1 a, „ ��k..,."3i'k�� w rKi..a' - .�.n -t x e3 _ „t.. - F ,. �t,< General Use standards in the base A 3 ft. minimum side setback Use standards in base zone. zone. is required and no projections are allowed (e.g., eaves, bay windows) within the setback. Special Setbacks — Not subject to maximum Not subject to maximum Not subject to maximum Detached setback. Not permitted setback. Not permitted within setback. Not permitted within 20 ft. of a public 20 ft. of a public street. within 20 ft. of a public Accessory Garages street. Garages must Garages must provide a street. Garages must provide a minimum 24 ft. minimum 24 ft. of back out provide a minimum 24 ft. of back out space space including the alley. of back out space including including the alle . the alley. ;W,1� Building Design 1) Variation or 1) Variation or modulation 1) Variation or modulation of vertical and of vertical and modulation of vertical and r t Standards horizontal facades is horizontal facades is horizontal facades is required at a minimum of required at a minimum required at a minimum of 2 2 ft. at an interval of a of 2 ft. at an interval of ft. at an interval of a minimum of 40 ft. on a a minimum of 40 ft. on minimum of 40 ft. on a building face. a building face. building face. 2) Modulation of 2) Private residential entry 2) Modulation of roof lines is required. features which are designed to provide individual ground floor connection to the outside are required. roof lines is required. 3) Building must be oriented to the street and have the primary building pedestrian entry(ies) facing the street and clearly visible from the street. 4) Project must provide direct pedestrian access to abutting uses. Maximum No requirement 100 ft., except for retirement No requirement Building Length residences. Building Location None The relationship of the None Standards dwelling, parking and the street shall create the appearance of a single family neighborhood. Residential units and any associated commercial development within an overall development shall be connected through organization of roads, block, yards, central places, pedestrian linkages and amenity features. Front facades of structures shall address the public street, private street or court by providing: a landscaped pedestrian connection, and an entry feature facing the front yard. Garage Not permitted to open Not permitted to open Not permitted to open Structure/Entry directly onto a principal directly onto a principal or directly onto a principal arterial street. minor arterial street. arterial street. and Exit Maximum UnitS No requirement 4 units maximum No requirement per Building � , na�t.,v�h.1d".�1'f�" 'wA �.� 3`,�44a. 'A, .. ,P ..��iv ✓C',�+e... u. i,a L �,. F .>..+I'#' % F.. , ok.l d/ , ��r ,a. ir, .�� a :�h -hu ., .�l F Maximum Height Height 50 ft. 35 ft. 50 ft. In no case may heights exceed 45 feet maximum height for portions of property within 80 feet of an R-8 or R-10 property line unless a modification through site plan review process is requested. r-t 9'-L�tr rr .r #t}?'rl' •tt}ART 7 i„(b. 5t.c6A'ayw L-y, �`il. it �k ; "Ya)y.Y )4�. �+'yh Yi� ""MI Ci'4r i $ t'n` ,'vz y.'x �) ,1 h'1'x?{l�'':4 �' `s L �� _: Parking Location As required in RMC 44- As required in RMC 4-4-080 As required in RMC 44- 080 with the following with the following additional 080 with the following additional requirements. requirements. additional requirements. The required number of Must be within an enclosed Parking for the residential parking spaces for the structure (detached or component of the project residential units shall be attached garage). Garage must be within a structured provided within an must be located on a different parking garage. enclosed garage. The fagade from the main entry of required .25 guest spaces the building. The required .25 Commercial and guest per residential unit may guest spaces per attached parking may be provided be surface parking. No residential units may be as surface parking so long more than 6 stalls may be surface parking. No more as no parking shall be consecutively clustered than 6 stalls may be located between a building without an intervening consecutively clustered and the property line landscaped area of a without an intervening abutting a public street. minimum of 5 ft. in width landscaped area of a by the length of the stall. minimum of 5 ft. in width by Parking garages shall be Surface parking not the length of the stall. designed so as not to permitted within the first Surface parking not allowed dominate the fagade of the 30 ft. of any street within the first 30 ft. on any residential building. frontage. street frontage. Parking must Parking garage entries be located to the rear of the shall be designed to primary structure or in a minimize the apparent detached garage with rear width of garage entries so access. as not to subordinate the pedestrian entry of the structure. Parking within the building shall be enclosed or screened through any combination of walls, Attachment 5 ATTACHED DWELLINGS IN CD, RM-U, AND RM-T ZONES: Resident and guest spaces: Within the CD, CS (only District C as shown in RMC 4-3-095B.4.a), RM-U, and RM T Zones: 1.8 per 3 bedroom or larger dwelling unit; 1.6 per 2 bedroom dwelling unit; 1.2 per 1 bedroom or studio dwelling unit. RM T Zone Exemption: An exemption to the standard parking ratio formula may be granted by the Development Services Director allowing 1 parking space per dwelling unit for developments of less than 5 dwelling units with 2 bedrooms or less per unit provided adequate on -street parking is available in the vicinity of the development. Raiw V��/Z,003 /5f F'eaGi/nq g11s/Zoo3 9�a2/aoo3 CITY OF RENTON, WASHINGTON ORDINANCE NO. SW AN ORDINANCE relating to the waterworks utility of the City, including the sewerage system as a part thereof; providing for the issuance of $8,035,000 aggregate principal amount of Water and Sewer Revenue Refunding Bonds, 2003, of the City for the purpose of obtaining the funds with which to refund, on a current basis, and defease all of the City's outstanding Water and Sewer Refunding and Improvement Revenue Bonds, 1993 and to advance refund and defease all of the City's outstanding Water and Sewer Revenue Bonds, 1994; fixing the date, form, denominations, maturities, interest rates, terms and covenants of the bonds; providing for bond insurance; and approving the sale and providing for the delivery of the bonds to D.A. Davidson & Co., Seattle, Washington. ORDINANCE NO. Section1. Definitions ..... :................................................................................................................ 3 Section 2. Findings Regarding Parity Provisions.........................................................................10 Section 3. Authorization and Description of Bonds.....................................................................10 Section 4. Registration of Bonds and Book -Entry System...........................................................I I Section5. Payment of Bonds........................................................................................................13 Section 6. No Redemption; Open Market Purchase of Bonds......................................................14 Section7. Form of Bonds.............................................................................................................14 Section8. Execution of Bonds......................................................................................................14 Section 9. Authentication and Delivery of Bonds by Bond Registrar..........................................15 Section 10. Registration, Transfer and Exchange.........................................................................15 Section 11. Lost, Stolen or Destroyed Bonds...............................................................................17 Section12. Creation of Fund........................................................................................................18 Section13. Deposits into Funds...................................................................................................18 Section14. Flow of Funds............................................................................................................20 Section 15. Pledge of Revenue and Lien Position........................................................................20 Section 16. Findings Regarding Sufficiency of Revenue.............................................................20 Section17. Covenants...................................................................................................................21 Section 18. No Private Activity Bonds.........................................................................................24 Section 19. Defeasance of the Bonds............................................................................................24 Section 20. Provision for Future Parity Bonds.............................................................................26 Section 22. Approval of Purchase Agreement..............................................................................28 Section23. Bond Insurance..........................................................................................................28 Section 24. Delivery of Bonds; Temporary Bonds.......................................................................29 Section 25. Call of 1993 Bonds for Redemption..........................................................................30 i ORDINANCE NO. Section 26. Acquisition of Escrow Obligations............................................................................30 Section 27. Verification of Sufficiency of Escrow.......................................................................31 Section28. Escrow Agreement.....................................................................................................31 Section 29. Application of Bond Proceeds...................................................................................31 Section 30. Undertaking to Provide Continuing Disclosure.........................................................32 Section 31. Preliminary Official Statement Deemed Final...........................................................35 Section 32. Contract; Savings Clause............................................................................................35 Section 33. Effective Date of Ordinance......................................................................................36 EXHIBIT A Form of Escrow Agreement ii ORDINANCE NO. AN ORDINANCE relating to the waterworks utility of the City, including the sewerage system as a part thereof; providing for the issuance of $8,035,000 aggregate principal amount of Water and Sewer Revenue Refunding Bonds, 2003, of the City for the purpose of obtaining the funds with which to refund, on a current basis, and defease all of the City's outstanding Water and Sewer Refunding and Improvement Revenue Bonds, 1993 and to advance refund and defease all of the City's outstanding Water and Sewer Revenue Bonds, 1994; fixing the date, form, denominations, maturities, interest rates, terms and covenants of the bonds; providing for bond insurance; and approving the sale and providing for the delivery of the bonds to D.A. Davidson & Co., Seattle, Washington. WHEREAS, the City has heretofore created and operated a waterworks utility of the City, including the sewerage system of the City and within that system a system of storm and surface water sewers (defined herein as the "Waterworks Utility"); and WHEREAS, by Ordinance No. 3188, the City provided for the issuance of the Water and Sewer Revenue Refunding Bonds, 1977, Issue No. 3 (the "1977 Bonds"), and, by Section 17 of that ordinance, established certain conditions for the issuance of additional water and sewer revenue bonds on a parity of lien with the 1977 Bonds; and WHEREAS, by Ordinance No. 4709, the City provided for the issuance of the 1998 Bonds, and, by Section XXIII of that ordinance, provided that upon the date on which the 1977 Bonds and certain water and sewer revenue bonds issued on a parity of lien therewith were fully redeemed, refunded or defeased, the right of the City to issue bonds on a party of lien with the 1977 Bonds would be permanently revoked; and WHEREAS, all of such water and sewer revenue bonds have been paid and redeemed, or irrevocable provision for their payment and redemption has been made, except for the outstanding Refunded Bonds; and fArenton\w&s revretD3 ORDINANCE NO. WHEREAS, pursuant to Chapter 39.53 RCW, the City is authorized to issue and sell, without an election, revenue bonds of the City to refund all of the outstanding Refunded Bonds; and WHEREAS, the City reserved the right to defease the Refunded Bonds; and WHEREAS, the refunding and defeasance of the Refunded Bonds will provide a debt service savings to the City and a modification of the covenants and other terms of the Parity Bonds; and WHEREAS, by Section XXIII of Ordinance No. 4709, the City also provided that it may issue additional water and sewer revenue bonds which will constitute a charge and lien upon,the revenue of the Waterworks Utility of the City on a parity with the 1998 Bonds and any bonds issued thereafter if such additional bonds are issued in compliance with the conditions set forth therein; and WHEREAS, by Ordinance No. 4976, the City issued the 2002 Bonds on a parity of lien with the 1998 Bonds; and WHEREAS, the City Council has determined that it is in the best interests of the City to issue and sell $8,035,000 of Water and Sewer Revenue Refunding Bonds, 2003 on a parity of lien with the 1998 Bonds and the 2002 Bonds to provide part of the funds necessary to carry out the Refunding Plan and to pay the costs of issuance and sale of the Bonds; and WHEREAS, MBIA Insurance Corporation has made a commitment to issue an insurance policy insuring the payment when due of the principal of and interest on the Bonds as provided therein, and the City Council deems that the purchase of such policy is in the best interest of the City; and 2 f:\renton\w&s revref03 ORDINANCE NO. WHEREAS, D.A. Davidson & Co., Seattle, Washington, has offered to purchase the Bonds under the terms and conditions hereinafter set forth; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN as follows: Section 1. Definitions. As used in this ordinance, the following words shall have the following meanings: "Alternate Security" shall mean any bond insurance, collateral, security, letter of credit, guaranty, surety bond or similar credit enhancement device providing for or securing the payment of all or part of the principal of and interest on the Parity Bonds, issued by an institution that has been assigned a credit rating at the time of issuance of such Parity Bonds secured by such Alternate Security equal to or better than the highest then -existing rating for any of the Parity Bonds. "Annual Debt Service" for any year shall mean all the interest on plus all principal (except principal of Term Bonds due in any Term Bond Maturity Year) of Parity Bonds, plus all mandatory redemption and sinking fund installments, less all bond interest payable from the proceeds of any such bonds, which will mature or come due in that year. "Average Annual Debt Service" shall mean the sum of the Annual Debt Service for the remaining years to the last scheduled maturity of the applicable bond issue or issues divided by the number of those years. "Beneficial Owner" shall mean, with respect to any Bond, the Person named on the records of the Custodian as having the right, without a physical certificate evidencing such right, fArenton\w&s revrefD3 ORDINANCE NO. to transfer, to hypothecate and to receive the payment of the principal of, premium, if any, and interest on such Bond as the same becomes due and payable. "Bond Fund" shall mean that special fund of the City known as the 2003 Waterworks Revenue Bond Fund created by this ordinance for the payment of the principal of and interest on the Bonds. "Bond Insurer" shall mean MBIA Insurance Corporation. "Bond Insurance Policy" shall mean the municipal bond insurance policy issued by the Bond Insurer insuring the payment when due of the principal of and interest on the Bonds as provided herein. "Bond Register" shall mean the registration books on which are maintained the names and addresses of the Owners of the Bonds. "Bond Registrar" shall mean the fiscal agencies of the State in Seattle, Washington, and New York, New York, as the same shall be designated from time to time. "Bonds" shall mean the $8,035,000 City of Renton Water and Sewer Revenue Refunding Bonds, 2003, authorized to be issued by this ordinance. "Book -Entry Termination Date" shall mean the fifth business day following the date of receipt by the Bond Registrar of the City's request to terminate the book -entry system of registering the beneficial ownership of the Bonds. "City" shall mean the City of Renton, Washington, a duly organized and legally existing noncharter code city under the laws of the State. "City Finance Director" shall mean the City's Finance and Information Services Administrator or the successor to such officer. 4 f:\renton\w&s revref03 ORDINANCE NO. "Closing" shall mean the date of the delivery of the Bonds by the City to the Purchaser and the payment therefor by the Purchaser. "Code" shall mean the Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. "Coverage Requirement" shall mean in any calendar year 1.25 times the Maximum Annual Debt Service. "Custodian" shall mean (a) The Depository Trust Company, New York, New York, or (b) any successor thereto engaged by the City to operate a book -entry system for recording, through electronic or manual means, the beneficial ownership of the Bonds, in which system no physical certificates are issued to the Beneficial Owners of the Bonds, but in which a limited number of physical certificates are issued to and registered in the name of the Custodian or its nominee, and delivered to the Custodian; provided, that such book -entry system operated by the Custodian may include the use of subsystems of recording the beneficial ownership of Bonds which are operated by parties other than the Custodian and the use of a nominee for the Custodian; and the term "Custodian," as used herein, includes any party operating any such subsystem. "Escrow Agreement" shall mean that certain Escrow Agreement, to be dated as of September 30, 2003, by and between the City and the Escrow Trustee in substantially the form of Exhibit A hereto, which is incorporated herein by this reference. "Escrow Obligations" shall mean those certain noncallable direct obligations of the United States of America listed on Schedule 1 attached to the Escrow Agreement. 5 fArenton\w&s revrefU3 ORDINANCE NO. "Escrow Trustee" shall mean U.S. Bank National Association, acting in its fiduciary capacity as escrow trustee pursuant to the Escrow Agreement. "Future Parity Bonds" shall mean all water and sewer revenue bonds of the City issued after the date of the issuance of the Bonds and having a lien and charge on Net Revenue on a parity with the lien and charge on Net Revenue for the payment of the principal of and interest on the Bonds. "Gross Revenue" shall mean Revenue of the Waterworks Utility. "Letter of Representations" shall mean the Blanket Issuer Letter of Representations from the City and the Bond Registrar to the Custodian dated April 15, 1997, pertaining to the. payment of the Bonds and the "book -entry" system for evidencing the beneficial ownership of the Bonds prior to the Book -Entry Termination Date (as it may be amended from time to time). "Maintenance and Operation Expense" shall mean all reasonable expenses incurred by the City in causing the Waterworks Utility to be operated and maintained in good repair, working order and condition, including payments made to any other municipal corporation or private entity for water service and for sewage treatment and disposal service or other utility service in the event the City combines such service in the Waterworks Utility and enters into a contract for such service, and including pro-rata budget charges for the City's administration expenses where those represent a reasonable distribution and share of actual costs, but not including any depreciation or taxes levied or imposed by the City or payments to the City in lieu of taxes, or capital additions or capital replacements to the Waterworks Utility. 6 fArenton\w&s revrefll3 ORDINANCE NO. "Maximum Annual Debt Service" shall mean, at the time of calculation, the maximum amount of Annual Debt Service that will mature or come due in the current calendar year or any future calendar year on the outstanding Parity Bonds. "MSRB" shall mean the Municipal Securities Rulemaking Board. "Net Revenue" shall mean Gross Revenue less Maintenance and Operation Expense. "1993 Bonds" shall mean the outstanding Water and Sewer Refunding and Improvement Revenue Bonds, 1993. .e "1994 Bonds" shall mean the outstanding Water and Sewer Revenue Bonds, 1994. "1998 Bonds" shall mean the outstanding Water and Sewer Revenue Refunding Bonds, "NRMSIR" shall mean a nationally recognized municipal securities information repository designated by the SEC. "Owner" shall mean the person named as the registered owner of a Bond on the Bond Register. "Parity Bonds" shall mean the 1998 Bonds, the 2002 Bonds, the Bonds and any Future Parity Bonds. "Parity Bond Fund" shall mean any fund created for the payment and redemption of Parity Bonds. "Professional Utility Consultant" shall mean an independent licensed professional engineer, certified public accountant or other independent person or firm selected by the City having a favorable reputation for skill and experience with municipal utilities of comparable size 7 fArenton\w&s revrefU3 ORDINANCE NO. and character to the Waterworks Utility in such areas as are relevant to the purposes for which such consultant is retained. "Purchase Agreement" shall mean the Bond Purchase Agreement for the Bonds, dated September 22, 2003, by and between the City and the Purchaser. "Purchaser" shall mean D.A. Davidson & Co., Seattle, Washington. "Rate Stabilization Fund" shall mean the fund of that name created for the purposes described in Ordinance No. 4709. "Refunded Bonds" shall mean, collectively, the 1993 Bonds and the 1994 Bonds. "Refunding Plan" shall mean the plan to refund, on a current basis, and defease the •, outstanding 1993 Bonds, to advance refund and defease the outstanding 1994 Bonds and to pay certain "incidental costs and costs related to the sale and issuance" (as defined in RCW 39.46.070) of the Bonds, all as more particularly defined and described in the Escrow Agreement. "Reserve Fund" shall mean that special fund of the City known as the Waterworks Revenue Bond Reserve Fund created by Ordinance No. 4709 for purpose of securing the payment of the principal of and interest on all bonds to which Net Revenue is pledged. "Reserve Insurance" shall mean, in lieu of cash and investments, insurance obtained by the City equal to part or all of the Reserve Requirement for any Parity Bonds then outstanding for which such insurance is obtained, issued by an institution that has been assigned a credit rating equal to or better than the highest then -existing rating for any of the Parity Bonds. "Reserve Requirement" shall mean the Maximum Annual Debt Service. 8 F.\renton\w&s revrefU3 ORDINANCE NO. "Revenue of the Waterworks Utility" shall mean all of the earnings and revenues received by the City from the maintenance and operation of the Waterworks Utility and all earnings from the investment of money in the Reserve Fund or any Parity Bond Fund, and connection and capital improvement charges collected for the purpose of defraying the cost of capital facilities of the Waterworks Utility, except government grants, proceeds from the sale of Waterworks Utility property (other than timber), City taxes collected by or through the Waterworks Utility, principal proceeds of bonds and earnings or proceeds from any investments in a trust, defeasance or escrow fund created to defease or refund Waterworks Utility obligations (until commingled with other earnings and revenues of the Waterworks Utility) or held in a special account for the purpose of paying a rebate to the United States Government under the Code. "Rule" shall mean SEC Rule 15c2-12. "SEC" shall mean the United States Securities and Exchange Commission. "SID" shall mean a state information depository. "State" shall mean the State of Washington. "Term Bonds" shall mean any Parity Bonds identified as such in the ordinance authorizing the issuance thereof, the payment of which is provided for by a requirement for mandatory deposits of money into the principal and interest account of the bond redemption fund created for the payment of such issue of bonds in accordance with a mandatory sinking fund requirement. "Term Bond Maturity Year" shall mean any calendar year in which Term Bonds are scheduled to mature. 9 f\renton\w&s revrefD3 ORDINANCE NO. "2002 Bonds" shall mean the outstanding Water and Sewer Revenue Bonds, 2002. "Waterworks Utility" shall mean the combined water and sewerage systems, including the storm and surface water sewers, of the City as the same may be added to, improved and extended for as long as any of the Parity Bonds are outstanding. "Waterworks Utility Fund" shall mean that special fund of the City into which all Gross Revenue (except for earnings in any special fund for the redemption of revenue obligations of the Waterworks Utility) shall be deposited. Section 2. Findings Regarding Parity Provisions The City Council finds that there is no deficiency in any Parity Bond Fund, that provisions hereinafter meet the conditions for the -- issuance of Future Parity Bonds as set forth in Ordinance Nos. 4709 and 4976 and that there will be on file prior to the issuance and delivery of the Bonds a certificate of the City Finance Director [a Professional Utility Consultant] that satisfies the conditions for such certificate as set forth in Ordinance Nos. 4709 and 4976. Therefore, the Bonds shall be issued on a parity of lien with the Parity Bonds. Section 3. Authorization and Description of Bonds. For the purpose of obtaining part of the funds necessary to carry out the Refunding Plan, the City shall issue the Bonds in the aggregate principal amount of $8,035,000. The Bonds shall be designated "City of Renton, Washington Water and Sewer Revenue Refunding Bonds, 2003;" shall be dated September 15, 2003; shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity; shall be numbered separately, in the manner and with any additional designation as the Bond Registrar deems necessary for purpose of identification; shall bear interest (computed on the basis of a 360-day year of twelve 30-day months), payable semiannually on each June 1 and 10 fArenton\w&s revrefU3 ORDINANCE NO. December 1, commencing December 1, 2003, to the maturity of the Bonds; and shall mature on June 1 in the years and amounts and bear interest at the rates per annum as follows: Maturity Years (June 1) 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Amounts $1,100,000.00 1,000,000.00 1,050,000.00 1,085,000.00. 1,130,000.00 825,000.00 685,000.00 355,000.00 390,000.00 415,000.00 Interest Rates 2.000% 2.000 2.000 3.500 3.750 2.850 3.200 3.400 3.600 3.700 If any Bond is duly presented for payment upon maturity and is not paid, then interest thereon shall continue to accrue thereafter at the rate stated therein until such Bond is paid. The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-105. Section 4. Registration of Bonds and Book -Entry System. The Bonds shall be issued only in registered form as to both principal and interest and recorded on the Bond Register. The Bond Register shall contain the name and mailing address of the Owner of each Bond and the principal amount and number of each of the Bonds held by each Owner. On the date of issue of the Bonds, all Bonds maturing in the same maturity year shall be issued in the form of a single certificate, which certificate shall be registered in the name of the Custodian or its nominee, and delivered to the Custodian. The Custodian shall hold each such Bond certificate in fully immobilized form for the benefit of the Beneficial Owners pursuant to the Letter of Representations until the earliest to occur of either (1) the date of maturity of the Bonds evidenced by such certificate, at which time the Custodian shall surrender such certificate 11 fArenton\w&s revref03 ORDINANCE NO. to the Bond Registrar for payment of the principal of and interest on such Bonds coming due on such date, and the cancellation thereof; (2) the Book -Entry Termination Date; or (3) the date the City determines to utilize a new Custodian for the Bonds, at which time the old Custodian shall (provided the City is not then in default of any payment then due on the outstanding Bonds) surrender the immobilized certificates to the Bond Registrar for transfer to the new Custodian and cancellation as herein provided. For so long as any outstanding Bonds are registered in the name of the Custodian or its nominee and held by the Custodian in fully immobilized form as described in this Section 4, the rights of the Beneficial Owners shall be evidenced solely by an electronic and/or manual entry made from time to time on the records established and maintained by the Custodian in accordance with the Letter of Representations, and no certificates evidencing such Bonds shall be issued and registered in the name of any Beneficial Owner or such Beneficial Owner's nominee. The City may terminate the "book -entry" system of registering ownership of the Bonds at any time (provided the City is not then in default of any payment then due on the outstanding Bonds) by delivering to the Bond Registrar: (a) a written request that it issue and deliver Bond certificates to each Beneficial Owner or such Beneficial Owner's nominee on the Book -Entry Termination Date; (b) a list identifying the Beneficial Owners as to both name and address; and (c) a supply of Bond certificates, if necessary for such purpose. Upon surrender to the Bond Registrar of the immobilized certificates evidencing all of the then outstanding Bonds, the Bond Registrar shall issue and deliver new certificates to each Beneficial Owner or such Beneficial Owner's duly appointed agent, naming such Beneficial Owner or such Beneficial Owner's 12 fArenton\w&s revref03 ORDINANCE NO. nominee as the Owner thereof. Such certificates may be in any integral multiple of $5,000 within a single maturity. Following such issuance, the Owners of such Bonds may transfer and exchange such Bonds in accordance with Section 10 hereof. Neither the City nor the Bond Registrar shall have at any time any responsibility or liability to any Beneficial Owner of Bonds or to any other person for any error, omission, action or failure to act on the part of the Custodian with respect to payment, when due, to the Beneficial Owner of the principal and interest on the Bonds, proper recording of beneficial ownership of Bonds, proper transfers of such beneficial ownership, or any notices to Beneficial Owners or any other matter pertaining to the Bonds. Section 5. Payment of Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Prior to the Book -Entry Termination Date, the principal of and interest on the Bonds shall be paid by the Bond Registrar to the Custodian as the Owner thereof, for the benefit of the Beneficial Owners thereof, in accordance with the Letter of Representations. From and after the Book -Entry Termination Date, interest on the Bonds shall be paid by check or draft mailed on or before the interest payment date, to the persons identified as the Owners on the fifteenth day of the month preceding the interest payment date at the addresses shown for the Owners on the Bond Register, or, if requested in writing by an Owner of $100,000 or more in principal amount of Bonds at least ten days before an interest payment date, by wire transfer on the interest payment date to an account within the United States. From and after the Book -Entry Termination Date, principal of the Bonds shall be payable upon presentation and 13 fArenton\w&s revrefD3 ORDINANCE NO. surrender of the Bonds by the Owners at the principal corporate trust office of the Bond Registrar. The Bonds shall be payable solely out of the Bond Fund and the Reserve Fund and shall be a valid claim of the Owners thereof only as against the Bond Fund, Reserve Fund and the amount of Net Revenue pledged to those funds and shall not be general obligations of the City. Section 6. No Redemption; Open Market Purchase of Bonds. The Bonds are not subject to redemption prior to their stated maturity dates, The City reserves the right to purchase any or all of the Bonds on the open market at any time and at any price. All Bonds purchased under this Section shall be canceled. Section 7. Form of Bonds. The Bonds shall be typewritten, word processed, printed, lithographed or multicopied on good bond paper in a form consistent with this ordinance and Washington law. Section 8. Execution of Bonds. 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 14 fArenton\w&s revref03 ORDINANCE NO. actual date of execution of such Bond shall be the proper officer of the City, although at the original date of such Bond such persons were not such officers of the City. Section 9 Authentication and Delivery of Bonds by Bond 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 and this ordinance. Only such Bonds as shall bear thereon a "Certificate of Authentication" manually executed by an authorized representative of the Bond Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication on the Bonds. Section 10. Registration, Transfer and Exchange. The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust office, the Bond Register. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No. 3755 establishing a system of registration for the City's bonds and obligations. The City and the Bond Registrar, in its discretion, may deem and treat the Owner of each Bond as the absolute owner thereof for all purposes, and neither the City nor the Bond Registrar 15 fArenton\w&s revref03 ORDINANCE NO. shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 5 hereof, but such registration may be transferred as herein provided. All such payments made as described in Section 5 hereof shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. The registered ownership of the Bonds may be transferred. Prior to the Book -Entry Termination Date, the beneficial ownership of the Bonds may only be transferred on the records established and maintained by the Custodian. On and after the Book -Entry Termination Date, transfer of any Bond shall be valid only if it is surrendered at the principal corporate trust office of either Bond Registrar, with the assignment form appearing on such Bond duly executed by, or accompanied by a written instrument of transfer in form satisfactory to such Bond Registrar duly executed by, the Owner or such Owner's duly authorized agent, in a manner satisfactory to such Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Owner or transferee therefor (other than any governmental fees or taxes payable on account of such transfer), a new Bond or Bonds (at the option of the new Owner), naming as Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, of the same maturity and interest rate, for the same aggregate principal amount, and in any authorized denomination selected by the new Owners, in exchange for such surrendered and cancelled Bond. On and after the Book -Entry Termination Date, any Bond may be surrendered at the principal corporate trust office of the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same maturity and interest rate, in any 16 f:\renton\w&s revretU3 ORDINANCE NO. authorized denomination as selected by the Owner. The Bond Registrar shall not be obligated to transfer or exchange any Bond during the fifteen days preceding any principal or interest payment date. The Bond Registrar may become the Owner of any Bond with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of the Owners of the Bonds. The City covenants that, until all Bonds shall have been surrendered and cancelled, it shall maintain a system of recording the ownership of each Bond that complies with the provisions of the Code. Section 11. Lost Stolen or Destroyed Bonds. If any Bond becomes mutilated, lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond of the same interest rate and maturity and of like tenor and effect in substitution therefor, all in accordance with applicable law. If such mutilated, lost, stolen or destroyed Bond has matured, the City may, at its option, pay the same without the surrender thereof. However, no such substitution or payment shall be made unless and until the applicant shall furnish (a) evidence satisfactory to the Bond Registrar of the destruction or loss of the original Bond and of the ownership thereof, and (b) such additional security, indemnity or evidence as may be required by or on behalf of the City. No substitute Bond shall be furnished unless the applicant shall reimburse the City and the Bond Registrar for their respective expenses in the furnishing thereof. Any such substitute Bond so furnished shall be equally and proportionately entitled to the security of this ordinance with all other Bonds issued hereunder. 17 fArenton\w&s revref03 ORDINANCE NO. Section 12. ' Creation of Fund. There is hereby created in the City Treasury the 2003 Waterworks Revenue Bond Fund (the "Bond Fund") Section 13. Deposits into Funds . So long as Bonds are outstanding against the Bond Fund, the City shall: (a) Set aside and pay into the Bond Fund out of Net Revenue a fixed amount, without regard to any fixed proportion, namely, one day before each interest or principal and interest payment date, an amount which, together with other money then on deposit therein, shall be sufficient to meet the debt service on the Bonds required on the next interest or principal and interest payment date; and (b) Set aside and pay into the Reserve Fund out of the Net Revenue, in three annual approximately equal deposits, any additional money necessary to bring the amount deposited in the Reserve Fund attributable to the Bonds up to the amount equal to the increase in the Reserve Requirement attributable to the Bonds. The Reserve Fund may be accumulated from any other money which the City may have available for that purpose in addition to or in lieu of using Net Revenue therefor. Except for withdrawals therefrom as authorized herein, the Reserve Fund shall be maintained at the Reserve Requirement at all times so long as any Parity Bonds are outstanding. When the total amount in the Bond Fund shall equal the total amount of principal and interest for all outstanding Bonds, no further payment need be made into the Bond Fund. Notwithstanding the first sentence of this paragraph, the Reserve Requirement may be decreased for any issue of Parity Bonds when and to the extent the City has provided for an Alternate Security or Reserve Insurance. If there shall be a deficiency in the Bond Fund to meet maturing installments of either principal or interest, as the case may be, on the Bonds, that deficiency shall be made up from the Reserve Fund by the withdrawal of cash therefrom for that purpose and after all cash has been depleted, then by draws on the Alternate Security or Reserve Insurance for that purpose. Any 18 fArenton\w&s revreM ORDINANCE NO. 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, any earnings which are subject to a federal tax or rebate requirement may be withdrawn from the Bond Fund or the Reserve Fund for deposit into a separate fund or account for that purpose. If the City fails to set aside and pay into the Bond Fund or the Reserve Fund the amounts set forth above, the Owner of any of the outstanding Bonds may bring an action against the City to compel that setting aside and payment. 19 fArenton\w&s revrefD3 ORDINANCE NO. Section 14. Flow of Funds. Funds in the Waterworks Utility Fund (other than in any bond redemption or federal rebate account) shall be used in the following order of priority: (a) To pay Maintenance and Operation Expense; (b) To pay the interest on the Parity Bonds; (c) To pay the principal of the Parity Bonds; (d) To make all payments required to be made into any sinking fund or bond redemption fund hereafter created for the payment of Future Parity Bonds which are Term Bonds; (e) To make all payments required to be made into the Reserve Fund; (f) To make all payments required to be made into any revenue bond redemption fund or warrant redemption fund and debt service account or reserve account created to pay and secure the payment of the principal of and interest on any revenue bonds or revenue warrants of the City having a lien upon Gross Revenue junior and inferior to the lien thereon for the payment of the principal of and interest on the Parity Bonds; and (g) To retire by optional redemption or purchase in the open market any outstanding revenue bonds or revenue warrants of the City, to make necessary additions, betterments, improvements and repairs to or extensions and replacements of the Waterworks Utility, to make deposits into the Rate Stabilization Fund, or for any other lawful City purpose. Section 15. '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 16. 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 20 fArenton\w&s revref03 ORDINANCE NO. Waterworks Utility as that term is used in RCW 35.92.100) and the debt service requirements of the outstanding Parity Bonds and to permit the setting aside in the Bond Fund and the Reserve Fund, out of the revenue of the entire utility, of amounts sufficient to pay the interest on the Bonds as that interest becomes payable and to pay and redeem all of the Bonds at maturity. The City Council further declares that in creating the Bond Fund and in fixing the amounts to be paid into the Bond Fund and the Reserve Fund, as aforesaid, it has exercised due regard for the Maintenance and Operation Expense (and costs of maintenance and operation as used in RCW 35.92.100) and the debt service requirements of the currently outstanding Parity Bonds, and the City has not bound and obligated itself to set aside and pay into the Bond Fund and the Reserve Fund, a greater amount or proportion of the revenue of that utility than in the judgment of the City Council will be available over and above Maintenance and Operation Expense (and such costs of maintenance and operation of the Waterworks Utility as that term is used in RCW 35.92.100) and debt service requirements of the currently outstanding Parity Bonds and that no portion of the Gross Revenue has been previously pledged for any unref ended indebtedness other than the payment of the currently outstanding Parity Bonds. Section 17. Covenants. The City covenants and agrees with the Owner of each Bond at any time outstanding as follows: (a) It will establish, maintain and collect rates and charges for all services and facilities provided by the Waterworks Utility which will be fair and nondiscriminatory, and will adjust those rates and charges from time to time so that: (1) Gross Revenue will at all times be sufficient to (A ) pay all Maintenance and Operation Expense on a current basis, (B) pay when due all amounts that the City is obligated to pay into the Reserve Fund and any Parity Bond Funds and (C) pay all taxes, assessments or other governmental charges lawfully imposed upon the Waterworks Utility or other revenue therefrom or 21 fArenton\w&s revrefD3 ORDINANCE NO. payments in lieu thereof and any and all other amounts which the City may now or hereafter become obligated to pay from Gross Revenue by law or contract; and (2) Net Revenue in each calendar year will be at least equal to the Coverage Requirement. (b) It will at all times maintain and keep the Waterworks Utility in good repair, working order and condition and also will at all times operate such Utility and the business in connection therewith in an efficient manner and at a reasonable cost. (c) It will not sell or otherwise dispose of the Waterworks Utility in its entirety unless, simultaneously with such sale or other disposition, all Parity Bonds are defeased pursuant to the provisions of this ordinance. It will not sell, lease, mortgage or in any manner encumber or otherwise dispose of any part of the Waterworks Utility (other than timber), including all additions and improvements thereto and extensions thereof at any time made, that are used, useful or material in the operation of the Waterworks Utility, unless provision is made for the replacement thereof or for payment into the Bond Fund of the greatest of the following: (1) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (defined as the total amount of those bonds less the amount of cash and investments in the Reserve Fund and any Parity Bond Funds) that Gross Revenue from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period; (2) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (as defined above) that the Net Revenue from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to the total Net Revenue for that period; or (3) An amount which will be in the same proportion to the net amount of any Parity Bonds then outstanding (as defined above) that the depreciated cost value of the facilities sold or disposed of bears to the depreciated cost value of the entire Waterworks Utility immediately prior to such sale or disposition. Notwithstanding any other provision of this subsection, (1) the City in its discretion may sell or otherwise dispose of any of the works, plant, properties or facilities of the Waterworks Utility or any real or personal property comprising a part of the same which shall have become unserviceable, inadequate, obsolete or unfit to be used in the operation of the Waterworks Utility, or no longer necessary, material to or useful to the operation of the Waterworks Utility, without making any deposit into the Bond Fund, and (2) the City may transfer the Waterworks Utility to another municipal corporation so long 22 f\renton\w&s revrefD3 ORDINANCE NO. as Net Revenue of the portion of the Waterworks Utility so transferred is used for payment of debt service on the Parity Bonds prior to any other purpose. In no event shall such proceeds be treated as Gross Revenue for purposes of this ordinance. (d) It will keep proper books, records and accounts with respect to the operations, income and expenditures of the Waterworks Utility in accordance with proper accounting procedures and any applicable rules and regulations prescribed by the State. It will prepare annual financial and operating statements within 270 days of the close of each fiscal year showing in reasonable detail the financial condition of the Waterworks Utility as of the close of the previous year, and the income and expenses for such year, including the amounts paid into the Bond Fund and Reserve Fund and into any and all special funds or accounts created pursuant to this ordinance, the status of all funds and accounts as of the end of such year, and the amounts expended for maintenance, renewals, replacements and capital additions to the Waterworks Utility. Such statements shall be sent to the Owner of any Parity Bonds upon written request therefor being made to the City. (e) Except to aid the poor or infirm, to provide for resource conservation or to provide for the proper handling of hazardous materials, it will not furnish or supply or permit the furnishing or supplying of any service or facility in connection with the operation of the Waterworks Utility free of charge to any person, firm or corporation, public or private, other than the City, so long as any Parity Bonds are outstanding. On at least an annual basis, it will determine all accounts that are delinquent and will take all necessary action to enforce payment of such accounts against those property owners whose accounts are delinquent. (f) It at all times will carry fire and extended coverage and such other forms of insurance, including public liability and property damage insurance, with responsible insurers and with policies payable to or on behalf of the City and any additional insureds on such of the buildings, equipment, works, plants, facilities and properties of the Waterworks Utility, and against such claims for damages, as are ordinarily carried by municipal or privately owned utilities engaged in the operation of like systems, or will implement and maintain a self-insurance or an insurance pool program with reserves adequate, in the reasonable judgment of the City, to protect the Waterworks Utility and the Owners of the Parity Bonds against loss. (g) It will pay all Maintenance and Operation Expense and the debt service requirements for the outstanding Parity Bonds, and otherwise meet the obligations of the City as herein set forth. (h) It will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will 23 fArenton\w&s revrefU3 ORDINANCE NO. cause interest on the Bonds to be included in gross income for federal income tax purposes. It will, to the extent arbitrage rebate requirements of Section 148 of the Code are applicable to the Bonds, take all action necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. Section 18. No Private Activity Bonds. The City covenants that it will take no actions and will make no use of the proceeds of the Bonds or any other funds held under this ordinance which would cause any Bond to be treated as a "private activity bond" (as defined in Section 141(b) of the Code) subject to treatment under said Section 141(b) as an obligation not described in Section 103(a) of the Code, unless the tax exemption thereof is not affected. Section 19. Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then -outstanding Bonds (hereinafter collectively called the "defeased Bonds") and to pay the costs of the refunding or defeasance. If money and/or direct obligations of the United States of America maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or decrease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the "trust account'), then all right and interest of the Owners of the 24 fArenton\w&s revref03 ORDINANCE NO. 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 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. If the refunding plan provides that the defeased Bonds or the refunding bonds to be issued be secured by cash and/or direct obligations of the United States of America or other legal investments pending the prior redemption of the defeased Bonds and if such refunding plan also provides that certain cash and/or direct obligations of the Untied States of America or other legal investments are pledged irrevocably for the prior redemption of the defeased Bonds included in that refunding plan, then only the debt service on the Bonds which are not defeased Bonds and the refunding bonds, the payment of which is not so secured by the refunding plan, shall be included in the computation of coverage for determining compliance with the rate covenants. 25 f:\renton\w&s revrefU3 ORDINANCE NO. Section 20. 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 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. (d) The ordinance authorizing the issuance of such Future Parity Bonds shall provide for the payment of mandatory redemption or sinking fund requirements into the applicable Parity Bond Fund for any Term Bonds to be issued and for regular payments to be made for the payment of the principal of such Term Bonds on or before their maturity, or, as an alternative, the mandatory redemption of those Term Bonds prior to their maturity date from money in the applicable Parity Bond Fund. (e) There shall be on file with the City either: (1) a certificate of the City Finance Director demonstrating that during any 12 consecutive calendar months out of the immediately preceding 36 calendar months Net Revenue, without regard to deposits into or withdrawals from the Rate Stabilization Fund, is equal to at least the Coverage Requirement for all Parity Bonds plus the Future Parity Bonds proposed to be issued; or (2) a certificate of a Professional Utility Consultant that in such consultant's opinion Revenue for any 12 consecutive calendar months, without regard to deposits into or withdrawals from the Rate Stabilization Fund, shall be equal to the Coverage Requirement for each year thereafter. The certificate, in 26 fArenton\w&s revrefU3 ORDINANCE NO. estimating Net Revenue available for debt services, may adjust Net Revenue to reflect: (A) Any changes in rates in effect and being charged or expressly committed by ordinance to be made in the future; (B) Income derived from customers of the Waterworks Utility who have become customers during the 12 consecutive month period or thereafter adjusted to reflect one year's Net Revenue from those customers; (C) Income from any customers to be connected to the Waterworks Utility who have paid the required connection charges; (D) The Professional Utility Consultant's estimate of the Net Revenue to be derived from customers anticipated to connect for whom building permits have been issued; (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. 27 f Venton\w&s revref03 ORDINANCE NO. Nothing contained herein shall prevent the City from issuing Future Parity Bonds to refund maturing Bonds or Future Parity Bonds then outstanding, money for the payment of which is not otherwise available. Nothing contained herein shall prevent the City from issuing revenue bonds that are a charge upon Gross Revenue subordinate to the payments required to be made therefrom into any Parity Bond Fund. Section 22. Approval of Purchase Agreement. The Purchaser has presented the Purchase Agreement to the City pursuant to which the Purchaser has offered to purchase the Bonds. The City Council finds that entering into the Purchase Agreement is in the best interests of the City, and therefore accepts the offer contained in the Purchase Agreement and authorizes and directs the execution of the Purchase Agreement on behalf of the City by City officials, and delivery of the same to the Purchaser. The Bonds will be delivered to the Purchaser in accordance with the Purchase Agreement with a copy of the approving legal opinion of Gottlieb, Fisher & Andrews, PLLC, bond counsel, Seattle, Washington, relative to the issuance of the Bonds, attached to each Bond. Bond counsel has not been engaged to review or express any opinion concerning the completeness or accuracy of the official statement or other disclosure documentation used in connection with the offer or sale of the Bonds by any person, and bond counsel's opinion shall so state. Bond counsel has not been retained to monitor, and shall not be responsible for monitoring, the City's compliance with any federal law or regulations to maintain the tax-exempt status of the interest on the Bonds. Section 23. Bond Insurance. The City is authorized to purchase from the Bond Insurer the Bond Insurance Policy insuring the prompt payment of the principal of and interest on the 28 fArenton\w&s revref03 ORDINANCE NO. Bonds and agrees to the conditions for obtaining that policy, including the payment of the premium therefor. The City Council authorizes and directs the execution of the commitment for the Bond Insurance Policy on behalf of the City by City officials, including, but not limited to the City Finance Director, and delivery of the same to the Bond Insurer. Any notice required to be given to any party pursuant to this ordinance shall also be provided to the Bond Insurer. Notices shall be sent to the following address: MBIA Insurance Corporation, 113 King Street, Armonk, New York 10504, Attention: Insured Portfolio Management. 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 to the Purchaser, including, but not limited to, the final official statement pertaining to the Bonds; and (b) to do everything necessary for (1) the preparation and delivery of a transcript of proceedings pertaining to the Bonds, and (2) the preparation, execution and delivery of definitive Bonds to the Purchaser, each without unreasonable delay. If definitive Bonds are not ready for delivery by the date of Closing agreed to by the City and the Purchaser, the City, upon the approval of the Purchaser, may cause to be issued and delivered to the Purchaser one or more temporary Bonds with appropriate omissions, changes and additions. Any temporary Bonds shall be entitled and subject to the same benefits and provisions of this ordinance with respect to the payment, security and obligation thereof as definitive Bonds authorized hereby. Such temporary Bond or Bonds shall be exchangeable without cost to the Owner thereof for definitive Bonds when the latter are ready for delivery. 29 f Venton\w&s revrefU3 ORDINANCE NO. Section 25. Call of 1993 Bonds for Redemption. The City hereby ratifies the call for redemption on October 1, 2003 of the 1993 Bonds that are subject to optional redemption, at a redemption price of 101 % of the principal amount thereof plus accrued interest. Such call for redemption shall become irrevocable upon delivery of the Bonds at Closing. Section 26. Acquisition of Escrow Obligations. The proper City officials, including, but not limited to, the City Finance Director shall, at or prior to Closing, make appropriate arrangements for the payment for and delivery of any Escrow Obligations which are to be purchased in the open market pursuant to the Refunding Plan; and shall, prior to Closing, deliver or cause to be delivered to the Federal Reserve Bank in Seattle, Washington, subscriptions for. any Escrow Obligations which are to be acquired from the United States Bureau of Public Debt pursuant to the Refunding Plan. The maturing principal of and the interest on such Escrow Obligations, together with the Initial Cash to be provided to the Escrow Trustee pursuant to the Refunding Plan, shall be sufficient to pay all of the principal of and interest to become due on the 1993 Bonds from Closing to and including October 1, 2003, when due, and to redeem on said date, all of the remaining outstanding 1993 Bonds at a redemption price of 101 % of the principal amount thereof, and to pay all of the principal of and interest to become due on the 1994 Bonds from Closing to and including November 1, 2005, the final maturity date of the outstanding 1994 Bonds. The Escrow Trustee shall designate in any such subscriptions that all the principal of and interest on the Escrow Obligations subscribed for with the United States Bureau of Public Debt shall be payable to the Escrow Trustee. Such subscription may be amended as permitted by federal law. 30 fArenton\w&s revref03 ORDINANCE NO. Section 27. Verification of Sufficiency of Escrow. The proper City officials, including, but not limited to, the City Finance Director are authorized and directed to obtain, prior to Closing, independent verification from a firm of independent certified public accountants that, among other things, the cash flow scheduled to be received from the Escrow Obligations, together with any uninvested initial cash, shall be sufficient to make the payments described in Section 22 hereof. At Closing, if there has been any change in Escrow Obligations or cash deposited with the Escrow Trustee under this ordinance and the Escrow Agreement, the City Finance Director shall cause the sufficiency of the Escrow Fund (as defined in the Escrow Agreement) to be verified in such manner as she shall deem necessary. Section 28. Escrow Agreement. The Escrow Agreement is hereby approved. The City Finance Director is authorized and directed to execute and to deliver said Escrow Agreement, on behalf of the City, to the Escrow Trustee on or before Closing, with such changes as the City Finance Director deems to be in the best interests of the City; and such execution and delivery of the Escrow Agreement shall evidence irrevocably the approval of the executed Escrow Agreement by the City. Section 29. Application of Bond Proceeds. The accrued interest and the rounding amount, if any, received by the City at Closing shall be deposited into the Bond Fund and shall be applied to the payment of interest first coming due on the Bonds. The remaining proceeds of the sale of the Bonds, less the underwriter's discount and the bond insurance premium to be paid by the Purchaser on behalf of the City, plus the net original issue premium, together with such other funds of the City as are identified in the Refunding Plan, 31 f:\renton\w&s revrefD3 ORDINANCE NO. shall be paid by the City to the Escrow Trustee at Closing, to be applied as set forth in the Escrow Agreement. Section 30. Undertaking to Provide Continuing Disclosure. This section constitutes the City's written undertaking for the benefit of the Owners and Beneficial Owners of the Bonds required by subsection (b)(5)(i) of the Rule. The City hereby agrees to provide or cause to be provided to each then existing NRMSIR and to the SID, if one is created, the following annual financial information and operating data (collectively, the "Annual Financial Information") for each prior fiscal year, commencing with the calendar year ending December 31, 2003, on or before the last day of the seventh month following the end of such prior fiscal year: (a) Annual financial statements prepared in accordance with the generally accepted accounting principles applicable to governmental units, as such principles may be changed from time to time and as permitted by State law; which statements will not be audited, except that if and when audited financial statements are otherwise prepared and available to the City, they will - be provided (the "Annual Financial Statements"); (b) A statement of authorized, issued and outstanding bonded debt secured by the Net Revenue; (c) Debt service coverage ratios; (d) General customer statistics for the Waterworks Utility; and (e) A narrative explanation of the reasons for any amendments to this Section 30 made during the previous fiscal year and the impact of such amendments on the Annual Financial Information being provided. 32 f \renton\w&s revrefD3 r ORDINANCE NO. In its provision of such financial information and operating data, the City may cross- reference to any "final official statement" (as defined in the Rule) available from the MSRB or any other documents theretofore provided to each then existing NRMSIR or the SID, if one is created. If not submitted as part of the Annual Financial Information, then when and if available, the City shall provide its Annual Financial Statements, which shall have been audited by such auditor as shall be then required or permitted by the State law, to each then existing NRMSIR and to the SID, if one is created. The City further agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR, notice of any of the following events with respect to the Bonds, if material: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of the Owners of the Bonds; 8. Optional redemptions of the Bonds; 9. Defeasances of the Bonds; 10. Release, substitution or sale of property securing repayment of the Bonds; and 11. Rating changes. 33 fArenton\w&s revref03 ORDINANCE NO. The City also agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NRMSIR, notice of its failure to provide the Annual Financial Information for the prior fiscal year on or before the last day of the seventh month following the end of such prior fiscal year. After the issuance of the Bonds, so long as the interests of the Owners or Beneficial Owners of the Bonds will not be materially impaired thereby, as determined by a party unaffiliated with the City (including, without limitation, a trustee for the Owners, nationally recognized bond counsel or other counsel familiar with the federal securities law), or pursuant to a favorable "no -action letter" issued by the SEC, this Section 30 may only be amended in connection with any change in legal requirements, change in law, or change in the identity, nature or status of the obligated person, or type of business conducted, and only in such a manner that the undertaking of the City, as so amended, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. The City's obligations to provide Annual Financial Information and notices of certain events shall terminate without amendment upon the defeasance, prior redemption or payment in full of all of the then outstanding Bonds. This Section 30 or any provision hereof, shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel or other counsel familiar with the federal securities laws to the effect that those portions of the Rule which require this Section 30 or any such provision are invalid, have been repealed retroactively or otherwise do not apply to the Bonds; and (ii) notifies and provides the SID, if any, and either the MSRB or each then existing NRMSIR with copies of such opinion. 34 t\renton\w&s revref03 ORDINANCE NO. The right of each Owner or Beneficial Owner of Bonds to enforce the provisions of this Section 30 shall be limited to the right to obtain specific enforcement of the City's obligations under this Section 30, and any failure by the City to comply with the provisions of this undertaking shall not be a default with respect to the Bonds under this ordinance. The City Finance Director is authorized and directed to take such further action on behalf of the City as may be necessary, appropriate or convenient to carry out the requirements of this Section 30. Section 31. Preliminary Official Statement Deemed Final. The City Council has been provided with copies of a preliminary official statement dated September 10, 2003 (the "Preliminary Official Statement"), prepared in connection with the sale of the Bonds. For the sole purpose of the Bond purchaser's compliance with paragraph (b) (1) of the Rule, the City "deems final" that Preliminary Official Statement as of its date, except for the omission of information as to offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, maturity dates, options of redemption, delivery dates, ratings and other terms of the Bonds dependent on such matters. Section 32. Contract; Savings Clause. 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 35 fArenton\w&s revref03 ORDINANCE NO. 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 33. Effective Date of Ordinance. This ordinance shall be effective upon its passage, approval and five days after publication. PASSED by the City Council this day of September, 2003. APPROVED BY THE MAYOR this Approved as to Form: Bond Counsel Date of Publication: (Summary) Bonnie Walton, City Clerk day of September, 2003. Jesse Tanner, Mayor 36 f\renton\w&s revref03 EXHIBIT A FORM OF ESCROW AGREEMENT This ESCROW AGREEMENT, dated as of September 30, 2003, is made by and between the CITY OF RENTON, WASHINGTON (the "City"), duly organized and existing pursuant to the laws of the State of Washington, and U.S. BANK NATIONAL ASSOCIATION, as escrow trustee hereunder (the "Escrow Trustee"). RECITALS WHEREAS, the City now has outstanding $8,110,000 principal amount of its Water and Sewer Refunding and Improvement Revenue Bonds, 1993 (the "1993 Bonds") and $420,000 principal amount of its Water and Sewer Revenue Bonds, 1994 (the "1994 Bonds" and, together with the 1993 Bonds, the "Refunded Bonds"); and WHEREAS, after due consideration, it appears to the City Council of the City (the "City Council") that refunding all of the outstanding Refunded Bonds by the issuance of refunding bonds of the City will provide a debt service savings to the City and a modification of the covenants and other terms of the Parity Bonds; and WHEREAS, by Ordinance No. (the "Bond Ordinance"), the City has duly and validly authorized the issuance, sale and delivery of its $8,035,000 Water and Sewer Revenue Refunding Bonds, 2003 (the "Bonds"), and the delivery of a portion of the net principal proceeds of the Bonds to the Escrow Trustee, the purchase of the noncallable "Government Obligations" (as defined in Chapter 39.53 RCW) listed in Schedule 1 hereto (the "Escrow Obligations"), and the execution and delivery of this Escrow Agreement; and WHEREAS, the Escrow Trustee has duly and validly accepted the trust created by this Escrow Agreement and the performance of its obligations hereunder; and-- --,m -. ,. } v - - WHEREAS, the Refunding Plan for the Refunded Bonds (the "Refunding Plan") will be accomplished pursuant to this Escrow Agreement (including the Schedules hereto), and shall consist of the following: (a) The payment to the Escrow Trustee by D.A. Davidson & Co., the Purchaser of the Bonds (the "Purchaser"), on behalf of the City, of the sum of $8,059,664.92, derived solely from the net proceeds of the Bonds, and the payment to the Escrow Trustee by the City of the sum of $825,478.23, derived from money on deposit in the Principal and Interest Account in the 1994 Water and Sewer Revenue Bond Redemption Account in the Water and Sewer Revenue Parity Bond Fund (the "Parity Bond Fund") in the amount of $179,130.83 and from money on deposit in the Principal and Interest Account in the 1993 Water and Sewer Revenue Bond Redemption Account in the Parity Bond Fund in the amount of $646,347.40. (b) The purchase by the Escrow Trustee of the Escrow Obligations listed in Schedule 1 attached hereto and made a part hereof by this reference, with a portion of the money delivered to the Escrow Trustee as described in clause (a) above; (c) The delivery of a report (the "Escrow Verification") of Causey Demgen & Moore Inc., independent certified public accountants, attached as Schedule 2 hereto and made a part hereof by this reference, verifying the mathematical accuracy of the computations (which computations shall be attached to said letter) of the yield on the Bonds and the Escrow Fund, and the computations showing that the Initial Cash and the maturing principal of and interest on the Escrow Obligation's will provide sufficient money (assuming that all the principal of and the interest on the Escrow Obligations is paid on the due dates thereof) to pay the following (collectively, the "Escrow Payments"): (1) The principal of and interest coming due on the 1993 Bonds up to and including October 1, 2003; (2) The redemption price equal to 101 % of the principal amount of the 1993 Bonds called for redemption on that date; and (3) The principal of and interest coming due on the 1994 Bonds up to and including November 1, 2004; (d) The receipt by the Escrow Trustee of the maturing installments of principal of and interest on the Escrow Obligations; (e) The Escrow Trustee's payment from time to time to the fiscal agencies of the State of Washington (collectively, the "Fiscal Agencies") of money sufficient to make the Escrow Payments, when due; (f) The payment by the Escrow Trustee of the costs of issuing the Bonds, as described on Schedule 3 attached hereto and incorporated herein by this reference. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, for the benefit of the registered owners of the Refunded Bonds, the parties hereto covenant as follows: Section 1. Definitions in Bond Ordinance Applicable. Unless the context otherwise requires, the terms defined in the Bond Ordinance and in the recitals and the succeeding sections of this Escrow Agreement shall, for all purposes of this Escrow Agreement (including the recitals hereto), be incorporated herein and made a part hereof by this reference, and shall have the meanings specified in such places, such definitions to be equally applicable to both the singular and plural forms of any of the terms defined. Section 2. Creation of Escrow Fund. The Escrow Trustee shall create a trust fund in escrow (the "Escrow Fund") under this Escrow Agreement into which shall be irrevocably deposited the Escrow Obligations, the Initial Cash, any Substitute Obligations and any other funds provided to the Escrow Trustee hereunder for use in the refunding of the Refunded Bonds. 2 fArenton\w&s revref03 Section 3. Delivery of Bond Proceeds to Escrow Trustee. On September 30, 2003 (the "Date of Closing"), the City shall cause the Purchaser to pay to the Escrow Trustee the sum of $8,059,664.92, derived solely from the net proceeds of the Bonds and shall pay to the Escrow Trustee the sum of $825,478.23, derived from money on deposit in the Principal and Interest Account in the 1994 Water and Sewer Revenue Bond Redemption Account in the Parity Bond Fund in the amount of $179,130.83 and from money on deposit in the Principal and Interest Account in the 1993 Water and Sewer Revenue Bond Redemption Account in the Parity Bond Fund in the amount of $646,347.00. Execution of this Escrow Agreement by the Escrow Trustee shall constitute written acknowledgment by the Escrow Trustee of its receipt of said sums. Section 4. Application of Net Proceeds of the Bonds. On the Date of Closing, the Escrow Trustee shall: (a) Apply the sum of $442,426.00, derived from net proceeds of the Bonds in the amount of $263,266.00 and from money on deposit in the Principal and Interest Account in the 1994 Water and Sewer Revenue Bond Redemption Account in the Parity Bond Fund in the amount of $179,130.00, to pay the purchase price of the Escrow Obligations in the principal amounts, with the dates of maturities, at the prices and at the interest rates set forth in Schedule 1 hereto. Upon receipt of the Escrow Obligations, the Escrow Trustee shall deliver to the City and to Gottlieb, Fisher & Andrews, PLLC ("Bond Counsel") copies of the documents evidencing the purchase of and payment for the Escrow Obligations; provided, that the City reserves the right to substitute for a temporary period until receipt of the Escrow Obligations, prior to the Date of Closing, other noncallable direct United States obligations or cash for any of the Escrow Obligations if, in the opinion of Bond Counsel, the interest on the Bonds will remain excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and such substitution shall not impair the timely. payment of the amounts required to be paid under the Refunding Plan, which opinion will be accompanied by a verification of such timely payments from a nationally recognized firm of independent certified public accountants; (b) Hold the sum of $8,404,217.15 (the "Initial Cash"), derived from net proceeds of the Bonds in the amount of $7,757,868.92, money on deposit in the Principal and Interest Account in the 1994 Water and Sewer Revenue Bond Redemption Account in the Parity Bond Fund in the amount of $0.83, and money on deposit in the Principal and Interest Account in the 1993 Water and Sewer Revenue Bond Redemption Account in the Parity Bond Fund in the amount of $646,347.40, uninvested in the form of United States currency until application of the same to meet the Escrow Payments; and (c) Apply the sum of $38,500.00, derived solely from the net proceeds of the Bonds, to the payment of the costs of issuing the Bonds listed on Schedule 3 hereto. Section 5. Sufficiency of Escrow Obligations. On the basis of the Escrow Verification, the City represents that the Escrow Obligations, and the maturing principal thereof and the interest thereon, if paid when due, together with the Initial Cash, shall be sufficient to make the Escrow Payments, when due. 3 f:\renton\w&s revref03 Section 6. Collection of Proceeds of Obligations and Application of Such Proceeds and Money. The Escrow Trustee shall present for payment, and shall collect and receive, on the due dates thereof, the maturing installments of principal of and the interest on the Escrow Obligations and any Substitute Obligations (hereinafter defined). From such proceeds and other money in the Escrow Fund, the Escrow Trustee shall, to the extent sufficient funds are in its possession, make timely payment to the Fiscal Agencies of the amounts necessary to make the Escrow Payments, when due. Said payments shall be made by check, wire transfer or such other method of transfer of funds as shall be mutually agreed from time to time by the Escrow Trustee and the Fiscal Agencies. Section 7. All Securities and Money and Proceeds Thereof Held in Trust. The City hereby irrevocably conveys, transfers and assigns to the Escrow Trustee, in trust, the Escrow Obligations and the Substitute Obligations, if any, the proceeds thereof and thereon, and the Initial Cash, and any substitutions or reinvestments thereof made pursuant to Sections 9 and 10 hereof; and the Escrow Trustee hereby irrevocably agrees to hold the same, together with any other money which the Escrow Trustee may receive pursuant to this Escrow Agreement, in the Escrow Fund, in trust and separate from all other funds and investments held by the Escrow Trustee, solely for the purpose of making the Escrow Payments and payments described in Sections 4, 11 and 14 hereof. The Escrow Trustee shall not sell, transfer, assign or hypothecate any portion of the Escrow Fund except pursuant to Sections 9, 10, 11 and 14 hereof. Section 8. Reports and Notice of Insufficiency. For as long as any part of the principal of or the interest on the Refunded Bonds has not been paid, within 35 business days following the date scheduled for payment of any debt service thereon, the Escrow Trustee shall render reports to the City setting forth the activity since the date of the last debt service payment concerning the Escrow Obligations or any Substitute Obligations, the maturation of such Escrow Obligations or Substitute Obligations and amounts received by the Escrow Trustee by reason. of such maturity, the interest earned on such Escrow Obligations or Substitute Obligations, a list: of any investments or reinvestments made by the Escrow Trustee in other such Escrow Obligations or Substitute Obligations and the interest and/or principal derived therefrom, the sums paid to the Fiscal Agencies, and any other transactions of the Escrow Trustee pertaining to its duties and obligations as set forth herein. In the event the maturing principal of and interest on the securities and money in the Escrow Fund shall be insufficient at any time in the future to make an Escrow Payment, the Escrow Trustee shall give the City prompt written notice of such projected insufficiency. Such notice shall be accompanied by a written request directed to the City that the City deposit with the Escrow Trustee, sums sufficient to make up the insufficiency. Any such written request need be based only on the activity reports delivered pursuant to this Section 8. The City agrees to make such deposit promptly. Section 9. Substitute Obligations. The City reserves the right, from time to time and at any time, to substitute for the Escrow Obligations initially purchased in accordance with Section 4 hereof, other noncallable Government Obligations (the "Substitute Obligations"); provided, however, that prior to effecting any such substitution, the City shall have delivered to the Escrow Trustee: 4 fArenton\w&s revref03 (a) A letter addressed to the City and the Escrow Trustee by a nationally recognized firm of independent certified public accountants verifying the computations which indicate that the Escrow Obligations, the Substitute Obligations, and other money to be held by the Escrow Trustee after the proposed substitution for purposes of making the Escrow Payments will be adequate to make all the Escrow Payments; and (b) An opinion of Bond Counsel addressed to the City and the Escrow Trustee that such substitution is of securities which may be deposited with the Escrow Trustee to accomplish the defeasance of the Refunded Bonds in accordance with the ordinance pursuant to which they were issued, and that such substitution will not cause the interest on the Refunded Bonds or the Bonds to be included in gross income for purposes of federal income taxation. Section 10. Reinvestment of Proceeds of Escrow Obligations and Substitute Obligations. (a) The proceeds (principal and interest) and reinvestment proceeds of any Substitute Obligations purchased by the Escrow Trustee in accordance with this Escrow Agreement shall be reinvested by the Escrow Trustee in other Substitute Obligations on date of receipt, provided that: (1) The City shall have directed the Escrow Trustee in writing to make such reinvestment; (2) Such proceeds shall be reinvested in noncallable Government Obligations at a yield not to exceed 0% or such higher yield as may be directed by letter of instructions from the City to the Escrow Trustee, but if the composite yield on the directed investments made pursuant to this Escrow Agreement would exceed 2.81006% (the yield on the Bonds), such letter of instructions shall be based upon and accompanied by the opinion of Bond Counsel approving reinvestment of such proceeds at such higher yield; (3) The Substitute Obligations in which such proceeds are reinvested shall mature in amounts not less than their respective purchase prices and on the date(s) directed by the City, but - not later than the dates the principal thereof is needed to make one or more of the Escrow Payments as such date(s) may be identified in the most recent report of a nationally recognized firm of independent certified public accountants verifying the computations which indicate that the Escrow Obligations, the Substitute Obligations, and other money to be held by the Escrow Trustee after the proposed substitution for purposes of making the Escrow Payments will be adequate to make all the Escrow Payments; and (4) The City and Escrow Trustee shall receive from a nationally recognized firm of independent certified public accountants a verification that such reinvestment satisfies the conditions of Sections I0(a)(2) and I0(a)(3) hereof. (b) If the proceeds of the securities and other money in the Escrow Fund are insufficient to reinvest in the smallest denomination of Substitute Securities, or are required sooner than the shortest maturity available for such Substitute Securities, or cannot be reinvested 5 f:\renton\w&s revrefU3 under the yield limitations described in Section 10(a)(2) hereof, or for any reason cannot be reinvested in Substitute Securities, said proceeds shall be held uninvested in the Escrow Fund in the form of United States currency. (c) "Yield," as used herein, means that yield computed in accordance with and as permitted by the Code as applicable to the Bonds and the trust under this Escrow Agreement so as to preserve the exclusion of the interest on the Bonds from gross income for purposes of federal income taxation. (d) The Escrow Trustee shall retain with respect to each Escrow Obligation and Substitute Obligation sufficient documentation to establish that each such security has been acquired and disposed of on an established market in an arm's length transaction, at a price equal to its fair market value and that no amounts have been paid to reduce the yield on such obligation. The purchase and disposition prices of the Escrow Obligations and Substitute Obligations (other than SLGS) shall be based on the mean between the bid and asked prices for such investments on the date of purchase or disposition; and evidence of such prices shall be retained by the Escrow Trustee. Section 11. Surplus in Escrow. If, at any time during the term of the escrow created pursuant to this Escrow Agreement, the securities and money held in the Escrow Fund exceed the amounts required to make all of the Escrow Payments in accordance with the Escrow Verification or any subsequent verification furnished to the Escrow Trustee pursuant to Section 9(a) and/or Section 10(a) hereof, when due, considering the earnings to be realized on the investment (but not reinvestment) of such securities and the City requests in writing that such surplus securities or the proceeds thereof or such surplus money be returned by the Escrow Trustee to the City, then the Escrow Trustee shall do so at the times requested by the City. Before the application of any such surplus, the Escrow Trustee shall require the City to furnish the Escrow Trustee, in a form satisfactory to it, a verification by a nationally recognized ffrm�of independent certified public accountants of the amount of such surplus. Section 12. Amendments of Escrow Agreement. The Escrow Trustee and the City recognize that the holders and owners of the Refunded Bond's have a beneficial interest in the obligations and money held in the Escrow Fund. It is therefore understood and agreed that this Escrow Agreement shall not be subject to revocation or amendment except for the purpose of clarifying any ambiguity herein or adding additional money or noncallable direct obligations of the United States to the Escrow Fund, in either case at the request of the City or the Escrow Trustee, which request shall be accompanied by an opinion of Bond Counsel addressed to the City and the Escrow Trustee to the effect that such requested change does not detrimentally affect the registered owners of the Refunded Bonds. Notice of any such intended revocation or amendment, together with a copy of the proposed amendments, if any, shall be sent at least three business days prior to the proposed effective date of any such revocation or amendment, and notice of any holding of invalidity, illegality or unenforceability shall be sent within 30 days following such decision, in either case, by registered or certified mail, postage prepaid, to: 6 f \renton\w&s revref03 Moody's Investors Service, Inc. 99 Church Street New York, New York 10007 Attn: Public Finance Rating Desk/Refunded Bonds Standard & Poor's Ratings Service 25 Broadway New York, New York 10004 FitchRatings One State Street Plaza New York, New York 10004 Section 13. Limitation of Escrow Trustee Duties. None of the provisions contained in this Escrow Agreement shall require the Escrow Trustee to use or advance its own funds in the performance of any of its duties or the exercise of any of its rights or powers hereunder. The Escrow Trustee shall be under no liability for the payment of interest on any funds or other property received by it hereunder except to the extent the Escrow Trustee is required by the express terms of this Escrow Agreement to invest such funds and it fails to do so. The Escrow Trustee's liabilities and obligations in connection with this Escrow Agreement are confined to those specifically described herein. The Escrow Trustee is authorized and directed to comply with the provisions of this Escrow Agreement and is relieved from all liability for so doing notwithstanding any demand or notice to the contrary by any party hereto. The Escrow Trustee shall not be responsible or liable for the sufficiency, correctness, genuineness or validity of the Escrow Obligations or any Substitute Obligations deposited with it; the performance of, or compliance by any party other than the Escrow Trustee with, the terms or conditions of any such instruments or the terms or conditions of this Escrow Agreement; the truth of the recitals herein; or any loss which may occur by reason of forgeries, false representations or the exercise of the Escrow Trustee's discretion in any particular manner unless such exercise is negligent or constitutes willful misconduct. If any controversy arises between the City and any third person, the Escrow Trustee shall not be required to determine the same or to take any action in the premises, but it may, in its discretion, institute an interpleader or other proceedings in connection therewith as it may deem proper, and in following either course, it shall not be liable and shall be indemnified by the City in respect thereof to the Escrow Trustee's satisfaction. The Escrow Trustee may conclusively rely upon and shall be protected in acting upon any statement, certificate, notice, request, consent, order, opinion, report or other document believed by it to be genuine and to have been signed or presented by the proper party. The Escrow Trustee may consult counsel (including, but not limited to, Bond Counsel) in respect of any question arising under this Escrow Agreement, and the Escrow Trustee shall not be liable for any action taken or omitted in good faith upon advice of such counsel. Section 14. Remission of Funds. At such time as the Escrow Trustee shall have received both a certificate of the City to the effect that all of the Escrow Payments have been made and 7 fArenton\w&s revref03 the confirmation of such certificate by the Fiscal Agencies, together with such other evidence of such payment as shall be satisfactory to the Escrow Trustee, the Escrow Trustee shall deliver forthwith or remit to the City any remaining securities and money held pursuant to this Escrow Agreement. Section 15. Compensation of Escrow Trustee. The payment arrangement heretofore made between the Escrow Trustee and the City as to compensation and expenses of the Escrow Trustee for services rendered by it pursuant to the provisions of this Escrow Agreement is satisfactory to it, to the City and no further payment to the Escrow Trustee, other than as provided by such arrangement, shall be required for such purpose. Such arrangement for compensation and expenses is intended as compensation for the ordinary services as contemplated by this Escrow Agreement, and in the event that the Escrow Trustee renders any service hereunder not expressly provided for in this Escrow Agreement, or the Escrow Trustee is made a party to or intervenes in any litigation pertaining to this Escrow Agreement or institutes interpleader proceedings relative hereto, the Escrow Trustee shall be reasonably compensated by the City for such extraordinary services and reimbursed for all fees, costs, liability and expenses (including reasonable attorneys' fees) occasioned thereby; provided, that the Escrow Trustee shall have no lien or right of set-off against the Escrow Fund or the money or investments therein. Section 16. Merger of Escrow Trustee; Successor Escrow Trustee. Any corporation or association into which the Escrow Trustee may be converted or merged, or with which it may be consolidated, or to which it may sell or transfer its corporate trust business and assets as a whole or substantially as a whole, or any corporation or association resulting from any such conversion, sale, merger, consolidation or transfer to which it is a party, ,iiso facto, shall be and become successor Escrow Trustee hereunder and vested with all of the title to the Escrow Fund and all the trusts, powers, discretions, immunities, privileges and all other matters as was it predecessor, without the execution or filing of any instrument or any further act, deed or conveyance on the', part of any of the parties hereto, provided that such resulting entity shall meet the requirements of RCW 39.53.070. Further, the obligations assumed by the Escrow Trustee pursuant to this Escrow Agreement may be transferred by the Escrow Trustee to a successor if. (a) the Escrow Trustee has presented eviden6e� satisfactory to the City and Bond Counsel that the successor meets the requirements of RCW 39.53.070, as now in effect or hereafter amended; (b) the successor has assumed all the obligations of the Escrow Trustee under this Escrow Agreement; and (c) the Escrow Fund has been duly transferred to such successor. From and after the date any successor trustee is duly established hereunder, the predecessor Escrow Trustee shall have no duty or responsibility hereunder, and shall in no event be liable for any action or failure to act of the successor. Section 17. Notice of Call of the 1993 Bonds. The City hereby directs the Escrow Trustee to request the Fiscal Agencies give such notice as may be required, at the time(s) and in the manner required pursuant to Ordinance No. 4410, in order to effect the redemption of the 1993 Bonds on October 1, 2003, as described therein. Section 18. Notices. All notices or requests required or permitted to be given hereunder shall, until further notice in writing, be given in writing at the following addresses: 8 f:Venton\w&s revref03 To the City: Finance Director City of Renton 1055 South Grady Renton, Washington 98058 (425) 430-6858 (425) 430-6855 (facsimile) with a copy to: Gottlieb, Fisher & Andrews, PLLC 1325 Fourth Avenue, Suite 1200 Seattle, Washington 98101 (206) 654-1999 (206) 654-8725 (facsimile) To the Escrow Trustee: U.S. Bank National Association PD-WA-T7CT 1420 Fifth Avenue, 7th Floor Seattle, Washington 98101 (206) 344-4687 (206) 344-4632 (facsimile) Section 19. Miscellaneous. This Escrow Agreement is governed by the law of the State of Washington and may not be modified except in a writing signed by the parties. In the event any one or more of the provisions contained in this Escrow Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect'any other provisions of this Escrow Agreement, but this Escrow Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. E f:\renton\w&s revref03 i IN WITNESS WHEREOF, the parties have executed and delivered this Escrow Agreement pursuant to due and proper authorization, all as of September 30, 2003. CITY OF RENTON, WASHINGTON Victoria Runkle Finance Director U.S. BANK NATIONAL ASSOCIATION, as Escrow Trustee am Authorized Signatory 10 f:\renton\w&s revrefU3 4 SCHEDULE 1 ESCROW OBLIGATIONS Type of Maturity Par Security Date Amount Rate SLGS 11/1/03 $37,937.00 0.85% SLGS 5/ 1 /04 5,165.00 1.00 SLGS I 1 / 1 /04 220,194.00 1.14 11 f:\renton\ w&s revrefD3 SCHEDULE2 ESCROW VERIFICATION Coil CAUSEY DEMGEN & MOORE INC. [Attached] 12 fArenton\ w&s revref03 Accounting Fees Bond Counsel Trustee & Counsel Fees Rating Agency Fee Underwriter's Expenses POS/Official Statement Miscellaneous TOTAL SCHEDULE3 ISSUANCE COSTS FOR THE BONDS 13 AGENDA RENTON CITY COUNCIL SPECIAL MEETING September 29, 2003 Monday, 11:30 a.m, 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. ORDINANCES AND RESOLUTIONS: Ordinance for first reading and advancement for second and final reading: Amending Section 18 of Ordinance #5019 regarding the issuance and sale of Water and Sewer Revenue Refunding Bonds, 2003, to designate the bonds as Qualified Tax -Exempt Obligations for purposes of Section 265 of the Internal Revenue Code; and declaring an emergency and establishing an immediate effective date for this ordinance. 4. ADJOURNMENT • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • RENTON CITY COUNCIL Special Meeting September 29, 2003 Council Chambers Monday, 11:30 a.m. MINUTES Renton City Hall CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF KATHY KEOLKER-WHEELER, Council President; TERRI BRIERE; KING COUNCILMEMBERS PARKER; DON PERSSON; DAN CLAWSON. MOVED BY PERSSON, SECONDED BY PARKER, COUNCIL EXCUSE ABSENT COUNCILMEMBERS RANDY CORMAN AND TONI NELSON. CARRIED. CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; VICTORIA RUNKLE, Finance & Information Services Administrator; ELAINE GREGORY, Fiscal Services Director; DEREK TODD, Assistant to the CAO; COMMANDER KENT CURRY, Police Department. ORDINANCES AND The following ordinance was presented for first reading and advanced for RESOLUTIONS second and final reading: Ordinance #5020 An ordinance was read amending Section 18 of Ordinance #5019 regarding the Finance: Bond Issuance, Water issuance and sale of Water and Sewer Revenue Refunding Bonds, 2003, to & Sewer Revenue Refunding - designate the bonds as "Qualified Tax -Exempt Obligations" for purposes of Designate as Qualified Tax- Section 265 of the Internal Revenue Code; and declaring an emergency and Exempt Obligations establishing an immediate effective date for this ordinance.* Victoria Runkle, Finance and Information Services Administrator, explained that the bonds approved by City Council on September 22, 2003, Ordinance #5019, were intended to be "qualified tax-exempt obligations" under Section 265 of the Internal Revenue Code, and two Washington state financial institutions have committed to purchase $2.8 million of the bonds on that basis. Because a sentence was left out of Ordinance #5019 by the Bond Counsel to designate the bonds as "qualified tax-exempt obligations," also known as bank - qualified bonds, this amending ordinance is necessary in order to designate the qualification and enable closing of the bond sale on September 30, 2003. *MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Following second and final reading of the above ordinance, it was MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. ADJOURNMENT MOVED BY PARKER, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 11:35 a.m. BONNIE I. WALTON, City Clerk Recorder: Suzann Lombard September 29, 2003 CITY OF RENTON, WASIUNGTON ORDINANCE NO. 5020 'ke vis&d O dmanc'e.. o ly, as appolmed by _32rd &an e f 4 &_�Y o4warlkr AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING ORDINANCE NO. 5019 OF THE CITY TO AMEND SECTION 18 TO DESIGNATE THE BONDS AS "QUALIFIED TAX- EXEMPT OBLIGATIONS" FOR PURPOSES OF SECTION 265 OF THE INTERNAL REVENUE CODE; AND DECLARING AN EMERGENCY AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE OF THIS ORDINANCE WHEREAS, pursuant to Ordinance No. 5019, passed by the City Council and approved by the Mayor on September 22, 2003, the City authorized the issuance and sale of its Water and Sewer Revenue Refunding Bonds, 2003 (the "Bonds") for the purpose of providing a part of the funds necessary to refund, on a current basis, and defease all of the City's outstanding Water and Sewer Refunding and Improvement Revenue Bonds, 1993, to advance refund and defease all of the City's outstanding Water and Sewer Revenue Bonds, 1994, and to pay the costs related to the sale and issuance of the Bonds; and WHEREAS, the Bonds will bring a significant debt service savings to the City; and WHEREAS, the Bonds were intended to be "qualified tax-exempt obligations" under Section 265 of the Code, were so described in the Preliminary Official Statement pertaining to the Bonds, dated September 10, 2003, were priced on this basis, and financial institutions have committed to purchase the Bonds on this basis at interest rates favorable to the City; and WHEREAS, the City has represented in the Bond Purchase Agreement, dated September 22, 2003, between D.A. Davidson & Co., that the information in the Preliminary Official Statement is true and correct; and 1 ORDINANCE NO. 5020 WHEREAS, unless the amendments set forth in this Ordinance are in effect prior to the closing scheduled for September 30, 2003, the Bonds will not be designated as "qualified tax- exempt obligations," which will imperil the closing of the Bonds and put the City at risk; and WHEREAS, there is insufficient time for this Ordinance to become effective in the ordinary course of business prior to the closing and the only way for this ordinance to become effective prior to such closing is through the declaration of this emergency; and WHEREAS, it is in the best interests of the City to amend Ordinance No. 5019 to designate the Bonds as "qualified tax-exempt obligations" for purposes of Section 265 of the Internal Revenue Code of 1986, as amended (the "Code") and declare an emergency to ensure that the Bonds are issued and delivered at the most favorable interest rate and without risk to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. Section 18 of Ordinance No. 5019 is amended in its entirety as follows: Section 18. No Private Activity Bonds; Bank Qualification. The City covenants that it will take no actions and will make no use of the proceeds of the Bonds or any other funds held under this ordinance which would cause any Bond to be treated as a "private activity bond" (as defined in Section 141(b) of the Code) subject to treatment under said Section 141(b) as an obligation not described in Section 103(a) of the Code, unless the tax exemption thereof is not affected. The City covenants that it will not issue more than $10,000,000 of "qualified tax-exempt obligations," as defined in Section 265 of the Code (relating to the deduction by financial 2 ORDINANCE NO. 5020 institutions of a portion of the interest incurred to carry tax-exempt debt) during calendar year 2003. The City hereby designates the Bonds as "qualified. tax-exempt obligations" for such purposes and authorizes and directs the proper City officials to execute and deliver all documents necessary to evidence such designation to any and all interested parties. Section II. In all other respects, Ordinance No. 5019 shall remain in full force and effect and shall not be amended or modified hereby. Section III. Declaration of Emergency - Effective Date. This ordinance, being the exercise of a power specifically delegated to the legislative body of the City, is not subject to referendum. The City Council hereby declares, pursuant to RCW 35A.12.130 and Renton Municipal Code Section 1-2-2(B), that an emergency exists necessitating that this ordinance take effect immediately in order to preserve the public health, safety, property, peace, and for the support of city government and its existing public institutions. Based upon the foregoing declaration of emergency, this Ordinance shall become effective immediately upon passage by the City Council. 3 ORDINANCE NO. 5020 PASSED BY THE CITY COUNCIL this 29th day of September, 2003. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this 29th day of September, 2003. Approved as to Form: Judith Andrews, Bond Counsel Jesse Tanner, Mayor 4