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HomeMy WebLinkAboutCouncil 04/07/2008r AGENDA RENTON CITY COUNCIL • REGULAR MEETING April 7, 2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: King County Council President Julia Patterson report to Council 4. APPEAL: Planning& Development Committee Report re: T-Mobile Monopole Conditional Use Permit 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. 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 3/24/2008. Council concur. • b. Mayor Law appoints Ed Prince to the Planning Commission for an unexpired term expiring 1/31/2010 (position previously held by Casey Bui). Refer to Community Services Committee. (CONTINUED ON REVERSE SIDE) c. Mayor Law reappoints the following individuals to the Airport Advisory Committee for terms expiring on 5/7/2011; Talbot Hill neighborhood representatives Jennifer Ann Rutkowski, • primary, and Matthew Devine, alternate; South Renton neighborhood representative Robert Moran,primary; Airport Leaseholders representative Michael Rice, Aerodyne, primary, and Jan Fedor, The Boeing Company. Council concur. d. Administrative, Judicial and Legal Services Department requests authorization to ratify the First Amendment to the Valley Communications Center Interlocal Agreement (CAG-00-049). Refer to Public Safety Committee. e. Administrative, Judicial and Legal Services Department recommends confirmation of the appointment of Nancy Carlson as the new Human Resources Administrator, effective 4/7/2008; and approval of her salary at Step E of the salary range. Council concur. f. Court Case filed by the State of Washington seeking an order declaring that property sought by the condemnation petition, relating to the improvement of I-405 and SR-167, is necessary for public use. Refer to City Attorney and Insurance Services. g. City Clerk submits three appeals of Hearing Examiner's decision regarding 409 Whitworth (Condominiums) Site Plan application(SA-07-125); appeals filed on 2/15/2008 by Phyllis Webb and 2/18/2008 by Harold Deacy and by Chris Cirillo, Capital Homes, LLC, each accompanied by required fee. Refer to Planning and Development Committee. Consideration of the appeal by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties (RMC 4-8-110F.6.). h. Community and Economic Development Department reports submission of grant applications for the 2008 Neighborhood Grant Program and recommends the following: fund 13 projects and ten newsletters totaling $68,053, and authorize conducting a second round of funding with a deadline of 10/10/2008. Refer to Community Services Committee. i. Community and Economic Development Department recommends a public hearing be set on 4/21/2008 to consider a pre-annexation development agreement with Cedar River Lightfoot, Inc. for a six-acre parcel located within the New Life—Aqua Barn Annexation area. Council concur. j. Community Services Department recommends approval of an amendment to the lease with LSI • Logic Corporation(LAG-00-002) for the 3rd floor of the 200 Mill Building to extend the lease for an additional year. Refer to Finance Committee. k. Finance and Information Services Department recommends adoption of a resolution to authorize capital expenditures on the Parks Maintenance Shop project prior to completion of potential debt financing. Council concur. (See 9.a. for resolution.) 1. Fire and Emergency Services Department recommends approval of a grant agreement with the Washington State Military Department for up to 75%reimbursement of non-insured damage expenses incurred in the December 1-8, 2007 storms. Council concur. m. Fire and Emergency Services Department recommends approval of Amendment B to the Emergency Management Performance Grant agreement with the Washington State Military Department(CAG-07-124) due to an accounting error causing an excessive grant award. Council concur. n. Public Works Department request authorization to overfill a Principal Financial and Administrative Analyst position for 30 days for training purposes. Refer to Finance Committee. o. Utility Systems Division recommends approval of a State Participating Agreement with the Washington State Department of Transportation for the Ripley Lane N. Storm System Improvement project. Council concur. (See 9.b. for resolution and 9.a. for ordinance.) 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: Lee Chicoine Appointment to Airport Advisory Committee; Regional Affordable Housing Program Agreement with King County* b. Planning& Development Committee: City Code Title IV (Development Regulations) COR Zone • Docket Item*; Shamrock Annexation Fees; Docket Hearing on Alleys, Fast Food and Towing; Monopole I and Wireless Regulations Zoning Amendments (CONTINUED ON NEXT PAGE) 1 9. RESOLUTIONS AND ORDINANCES • Resolutions: a. Authorizing capital expenditures for the Parks Maintenance Shop project (See 7.k.) b. State Participating Agreement with WSDOT re: Ripley Lane N. Storm System Improvement project. (See 7.o.) c. Regional Affordable Housing Program Agreement with King County(See 8.a.) Ordinances for first reading: a. 2008 Budget amendment for the Ripley Lane N. Storm System Improvement Project. (See 7.o.) b. Commercial Office Residential zone docket amendment(See 8.b.) Ordinances for second and final reading: a. Increasing Planning Commission membership from seven to nine(1st reading 3/24/2008) b. Collection of penalties and interest for non-payment of utility tax (1st reading 3/24/2008) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT • COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 6:00 p.m. Emerging Issues in Transportation; Regional Committees and Issues Update Ilk Hearing assistance devices for use in the Council Chambers are available upon request to the CityClerk • P q CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. &THURS.AT 11 AM&9 PM,WED. &FRI.AT 9 AM&7 PM AND SAT. &SUN.AT 1 PM&9 PM RENTON CITY COUNCIL Regular Meeting April 7, 2008 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Denis Law called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF MARCIE PALMER, Council President; DON PERSSON; KING PARKER; COUNCILMEMBERS TERRI BRIERE; RICH ZWICKER; GREG TAYLOR. MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL EXCUSE ABSENT COUNCILMEMBER RANDY CORMAN. CARRIED. CITY STAFF IN DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE ZANETTA FONTES,Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Public Works Administrator; ALEX PIETSCH, Community and Economic Development Administrator; SUZANNE DALE ESTEY, Economic Development Director; PREETI SHRIDHAR, Communications Director; EMERGENCY MANAGEMENT DIRECTOR DEBORAH NEEDHAM and DEPUTY CHIEF CHUCK DUFFY, Fire Department; COMMANDER PAUL CLINE, Police Department. SPECIAL PRESENTATION King County Council Chair Julia Patterson, District 5, gave an update on King King County: Update, County. She explained that King County is a regional government, dependent Councilmember Julia Patterson upon two taxing sources: sales and property tax. The regional services King County is responsible for includes criminal justice, sewage treatment,public transportation, elections, animal control, and public health. She noted that this year, King County will be updating its comprehensive plan, conducting a charter review, and addressing voter approved initiatives and Council initiated measures. Councilmember Patterson reported that King County is working on an Equity and Social Justice Initiative. The initiative aims to end local inequities in wealth,health, and opportunities to result in greater economic vitality, lower health care and criminal justice costs, and a much more politically engaged population. Pointing out that South King County is not being treated equitably in a number of different public policy arenas, she stressed that it is time for leaders to come together and discuss how to change the economic disparities in King County. APPEAL Planning and Development Committee Chair Parker presented a report Planning& Development regarding the T-Mobile monopole conditional use permit appeal. The Committee Committee recommended that the City Council refer this matter to the Appeal: Monopole Conditional Committee of the Whole for the purpose of conducting a hearing to determine Use Permit, T-Mobile, CU-07- the jurisdictional question raised by the City Attorney, and assuming the 065 Committee of the Whole finds there is jurisdiction,to determine the underlying substantive issues raised in the T-Mobile appeal.* Councilmember Parker explained that the appeal of the Hearing Examiner's decision filed on 1/29/2008 was discussed by the Committee on April 4. The Committee heard argument from the City and T-Mobile solely on the jurisdictional issue raised by the City Attorney. The Committee,having no authority to decide the jurisdictional issue and having been asked by T-Mobile to allow arguments before the full Council on the underlying issues raised in the appeal,voted to recess the hearing and forward the matter to the full Council. April 7,2008 Renton City Council Minutes Page 106 *MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2008 and beyond. Items noted included: * The 6th Annual Piazza Renton Spring Festival will be held on April 19 at the Piazza, located on the corner of S. 3rd St. and Burnett Ave. S. * Improvements to Burnett Linear Park located between S. 6th and S. 7th Streets will begin in mid-April and continue through mid-July 2008. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 3/24/2008. Council concur. 3/24/2008 Appointment: Planning Mayor Law appointed Ed Prince to the Planning Commission for an unexpired Commission term expiring 6/30/2010 (position previously held by Casey Bui). Refer to Community Services Committee. Appointment: Airport Mayor Law reappointed the following individuals to the Airport Advisory Advisory Committee Committee, each for a three year term expiring on 5/7/2011: Jennifer Ann Rutkowski (Talbot Hill neighborhood primary representative); Matthew Devine (Talbot Hill neighborhood alternate representative); Robert Moran (South Renton neighborhood primary representative); Michael Rice, Aerodyne, (Airport Leaseholders primary representative); and Jan Fedor(The Boeing Company representative). Council concur. CAG: 00-049, Valley Administrative, Judicial and Legal Services Department requested authorization Communications Center to ratify the first amendment to CAG-00-049, the Valley Communications Interlocal Agreement Center interlocal agreement, to extend the member city rate to Valley Regional Fire Authority and to acknowledge that King County Fire Protection District #39 is successor to the Federal Way Fire Department. Refer to Public Safety Committee. Human Resources: Administrative,Judicial and Legal Services Department recommended Administrator Appointment confirmation of the appointment of Nancy Carlson as the new Human (Nancy Carlson), Hire at Step Resources Administrator, effective 4/7/2008; and approval of her salary at Step E E of the salary range. Council concur. Court Case: State of Court Case filed by the State of Washington regarding the condemnation of Washington, CRT-08-003 property for public use relating to the improvement of I-405 and SR-167. Refer to City Attorney and Insurance Services. Appeal: 409 Whitworth City Clerk submitted three appeals of the Hearing Examiner's decision Condominiums Site Approval, regarding 409 Whitworth(Condominiums) Site Plan application(SA-07-125); Various, SA-07-125 appeals filed on 2/15/2008 by Phyllis Webb and 2/18/2008 by Harold Deacy and by Chris Cirillo, Capital Homes, LLC, each accompanied by required fee. Refer to Planning and Development Committee. CED: 2008 Neighborhood Community and Economic Development Department reported submission of Program Grants grant applications for the 2008 Neighborhood Grant Program and recommended funding thirteen projects and ten newsletters totaling $68,053, and authorizing a second round of funding with a deadline of 10/10/2008. Refer to Community Services Committee. April 7,2008 Renton City Council Minutes Page 107 Annexation: New Life -Aqua Community and Economic Development Department recommended a public Barn, Development Agreement hearing be set on 4/21/2008 to consider a pre-annexation development with Cedar River Lightfoot agreement with Cedar River Lightfoot, Inc. regarding a six-acre parcel located within the New Life-Aqua Barn Annexation area. Council concur. Lease: LSI Logic Corporation, Community Services Department recommended approval of an amendment to 200 Mill Bldg(3rd Floor), the lease with LSI Logic Corporation(LAG-00-002) for the 3rd floor of the 200 LAG-00-002 Mill Building to extend the lease for an additional year. Expenditure required: $2,627.19; revenue generated over one-year term: $105,087.48. Refer to Finance Committee. Finance: Bond Proceed Finance and Information Services Department recommended authorizing capital Reimbursement, Parks expenditures on the Parks Maintenance Facility project in anticipation of Maintenance Facility expenditure reimbursement from the proceeds of bonds. Council concur. (See page 109 for resolution.) Fire: 2007 Rainstorm,WA Fire Department recommended approval of an agreement with the Washington State Military Department State Military Department for a public assistance grant to receive up to 75 Grant percent of the eligible non-insurance covered damages sustained by the City during the December 2007 rainstorm. Estimated eligible expenses are $115,000. Council concur. CAG: 07-124, Emergency Fire Department recommended approval of an amendment to CAG-07-124, Management Performance agreement with the Washington State Military Department regarding Grant, WA State Military Emergency Management Performance Grant funds, which reduces the grant by Department $31,516 due to an accounting error that caused an excessive grant award. Council concur. Public Works: Principal Public Works Department requested authorization to overfill a Principal Financial and Administrative Financial and Administrative Analyst position for 30 days for training purposes. Analyst Position Overlap Refer to Finance Committee. Utility: Ripley Lane N Storm Utility Systems Division recommended approval of an agreement with the System Improvement, Washington State Department of Transportation to accept $678,223 for the WSDOT Grant, Budget Ripley Lane N. Storm System Improvement project. Approval was also sought Amend to amend the 2008 Budget by $678,223 for the project. Council concur. (See page 109 for resolution and ordinance.) MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Planning and Development Committee Chair Parker presented a report Planning& Development regarding the City Code Title IV (Development Regulations)docket item Committee concerning the text amendment for Monopole I in residential zones and Planning: Development housekeeping amendments to wireless regulations in all zones. The Committee Regulations (Title IV) Docket recommended concurrence in the staff recommendation to set a public hearing Review on 4/21/2008 to consider the proposal. The proposed amendment application would allow Monopole I structures on a one-half acre lot with an administrative conditional use permit provided that they meet a one hundred feet setback from residential, and create some additional flexibility within the City Code to allow a lesser setback with a Hearing Examiner conditional use permit. In the public right-of-way, Monopole I would only be allowed on designated arterial roads. The housekeeping amendments would provide non-substantive language corrections and cross-references. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. S April 7,2008 Renton City Council Minutes Page 108 Annexation: Shamrock, Planning and Development Committee Chair Parker presented a report Application Fee Waiver regarding the Shamrock Annexation fee waiver request. The Committee recommended concurrence in the staff recommendation to approve the waiver of the $2,500 fee for the Shamrock Annexation, and to keep the issue of revising the annexation fee in Committee for further review and recommendation. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning: Development Planning and Development Committee Chair Parker presented a report Regulations (Title IV)2006 regarding the City Code Title IV (Development Regulations) 2006 docket Docket Review review. The Committee recommended concurrence in the staff recommendation to set a public hearing on 4/28/2008 to consider the following docket items: alleys, fast food,and towing. Alleys: Proposed changes in the R-8 zone include: implementing parking and loading standards for properties abutting an existing paved and/or crushed rock alley. New development would be required to locate parking and/or garages in the side or rear yards with vehicular access to the parking areas through the abutting alley. Fast Food: Proposed changes include: allowing fast food as a stand-alone use, but with no drive-throughs in the Center Village and Center Downtown zones and to allow stand-alone fast food with drive-throughs only in the Employment Area Valley in the Industrial Light zone. Definitions are revised for fast food restaurants and drive-in/drive-through retail/service. Towing Operations/Auto Impoundment Yards: Proposed changes include: 1) A new definition for towing operations. 2) In the Industrial Light zone, allow towing operations/auto impoundment yards within a building. 3) In the Commercial Arterial zone, allow as a shared use with auto repair/auto body shops and if the tow truck is garaged. In both zones,tow vehicles will be limited to Class A,B, and E. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning: Development Planning and Development Committee Chair Parker presented a report Regulations (Title IV)Docket, regarding the City Code Title IV (Development Regulations)docket review. COR Zone The Committee recommended concurrence in the staff recommendation to approve Docket Item 06-07, Commercial Office Residential (COR) zone text amendments as recommended by the Planning Commission. The proposed City Code amendment would consolidate the existing three COR zones into one COR zone. The development standards would be amended to include: eliminating the height and density bonus provisions, setting the minimum density at 30 dwelling units per acre and maximum density at 50 dwelling units per acre, and placing two associated footnotes regarding upper story setback and facade modulation in the table. Other City Code changes include striking instances of COR 1, COR 2, or COR 3 and replacing them with COR, and placing COR in the parking requirements section. Additionally, the COR zone will be placed in the Urban Design District C, and with the parking standards for other mixed use/multi-family zoning designations. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 109 for ordinance.) April 7,2008 Renton City Council Minutes Page 109 Community Services Community Services Committee Chair Briere presented a report recommending Committee concurrence in Mayor Law's appointment of Lee Chicoine to the Airport Appointment: Airport Advisory Committee,North Renton neighborhood primary position, for an Advisory Committee unexpired term expiring on 5/7/2010. MOVED BY BRIERE, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Human Services: Regional Community Services Committee Chair Briere presented a report recommending Affordable Housing Program concurrence in the staff recommendation to authorize the Mayor and City Clerk Fund Usage, King County to renew the interlocal cooperation agreement with King County for the Regional Affordable Housing Program(RAHP). The renewal of this agreement will allow Renton to continue its participation in the planning process for RAHP funds,which are used for local affordable housing and community development purposes. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution #3938 A resolution was read approving certain expenditures for reimbursement from Finance: Bond Proceed the proceeds of debt to be issued in the future related to the new Parks Reimbursement, Parks Maintenance Facility. MOVED BY PERSSON, SECONDED BY PALMER, Maintenance Facility COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3939 A resolution was read authorizing the Mayor and City Clerk to execute the state Utility: Ripley Lane N Storm participating agreement with the Washington State Department of System Improvement, Transportation for the Ripley Lane N. Storm System Improvement project. WSDOT Grant, Budget MOVED BY PALMER, SECONDED BY PARKER, COUNCIL ADOPT THE Amend RESOLUTION AS READ. CARRIED. Resolution #3940 A resolution was read authorizing the Mayor and City Clerk to sign the Human Services: Regional Regional Affordable Housing Program interlocal cooperation agreement for the Affordable Housing Program renewed agreement term of 1/1/2007 through 12/31/2011. MOVED BY Fund Usage, King County BRIERE, SECONDED BY PARKER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 4/14/2008 for second and final reading: Utility: Ripley Lane N Storm An ordinance was read amending the 2008 Budget by increasing the funds in System Improvement, the surface water revenue account and expenditure account in the amount of WSDOT Grant, Budget $678,223 pursuant to the state participating agreement with the Washington Amend State Department of Transportation for the Ripley Lane N. Storm System Improvement project. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/14/2008. CARRIED. Planning: Development An ordinance was read amending Chapter 2, Zoning Districts-Uses and Regulations (Title IV) Docket, Standards, Chapter 3, Environmental Regulations and Overlay Districts, COR Zone Chapter 4, Citywide Property Development Standards, Chapter 7, Subdivision Regulations, Chapter 8,Permits- General and Appeals, and Chapter 9,Permits - Specific,of Title IV(Development Regulations) of City Code to amend the regulations regarding the Commercial Office Residential zone. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL REFER THE l April 7,2008 Renton City Council Minutes Page 110 ORDINANCE FOR SECOND AND FINAL READING ON 4/14/2008. CARRIED. The following ordinances were presented for second and final reading and adoption: Ordinance#5366 An ordinance was read amending Chapter 10, Planning Commission, of Title II Board/Commission: Planning (Commissions and Boards)of City Code by increasing the membership of the Commission Membership Planning Commission from seven to nine. MOVED BY BRIERE, Expansion SECONDED BY PARKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5367 An ordinance was read amending Chapter 11, Utility Tax, of Title V(Finance Finance: Utility Tax Non- and Business Regulations) of City Code by adding two new subsections, "A," Payment, Penalty and Interest Penalties For Nonpayment, and "B," Interest. MOVED BY PERSSON, Collection SECONDED BY TAYLOR, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Council President Palmer conveyed greetings from Councilmember Corman Community Services: Sister who is a member of the delegation currently visiting Renton's Sister City City Visit to Nishiwaki, Japan Nishiwaki. Mr. Corman reported that the Mayor of Nishiwaki presented the Renton delegation with a symbolic hanging picture and extended his best wishes to the people of Renton. ADJOURNMENT MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL ADJOURN. CARRIED. Time: 7:40 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann April 7, 2008 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING April 7, 2008 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 4/14 Emerging Issues in Community Services; (Palmer) 6 p.m. Capital Projects Update *Council Conference Room* COMMUNITY SERVICES (Briere) FINANCE MON., 4/14 Vouchers; (Persson) 5 p.m. Lease Amendment with LSI Logic Corporation for 200 Mill Building 3rd Floor; Principal Financial and Administrative Analyst Position Overlap PLANNING & DEVELOPMENT (Parker) PUBLIC SAFETY (Taylor) TRANSPORTATION (AVIATION) THURS., 4/10 CANCELLED (Corman) UTILITIES (Zwicker) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. A 71.7 c:717 Date :PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT: April 7,2008. - T-Mobile Monopole Appeal (February..11,"2008) , The Planning .and.Development Committee recommends. that;the:City. Council: refer this matter to.the Committee of_the Wholefor the purpose of conducting'a hearing to determine:, the jurisdictional question raised.by the City Attorney and, assuming the.Committee.of the - Whole finds that there is jurisdiction, to determine the underlying substantive issues.raised 4 eat: King Parker, Chair �1.. � � • �- Rich Zwicker, Vie, hair Greg"T`aylor,Member c."c: Neil Watts Alex Pietsch 1.0.Y ry (.l)ctr►'ch • ti`SY O ADMINISTRATIVE, JUDICIAL, AND Obi «n , LEGAL SERVICES DEPARTMENT • MEMORANDUM DATE: April 7, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council FROM: Denis Law, 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: • Come celebrate spring in downtown Renton on Saturday, April 19, from noon to 5 p.m. at the Piazza on the corner of South 3rd Street and Burnett Avenue South. The 6th Annual Piazza Renton Spring Festival will be a lively event that includes live music, children's activities, food, Farmers Market vendors, and arts and crafts. You can also try your luck in the 3rd Annual Downtown Renton Poker Run from noon to 4 p.m. (starting at the Piazza) and enjoy art at the open-air Arts Unlimited Gallery in the park across Logan Avenue South. These events will be fun for the whole family. Questions? Please contact Jennifer Davis-Hayes at 425-430-6589. • Improvements to Burnett Linear Park, between South 6th Street and South 7th Street, will commence in this month as part of the Burnett Park Phase II Capital Improvement Project. Improvements include a widened and relocated walkway, a new seating area with relocated artwork, entry signage, new irrigation, and landscaping. The project will include the removal of six large London plane trees, three pear trees, and one ponderosa pine. The 30-year-old London plane trees were planted too closely together and too close to the walkway, causing the existing walkway to heave. The remaining trees to be removed would have interfered with a relocated and widened walkway. Five new trees will be planted in more appropriate large open areas. Construction is expected to begin in mid-April and continue through mid- July 2008. «i CITY OF RENTON COUNCIL AGENDA BILL AI#: 7. I)B •Submittin Data: For Agenda of: April 7, 2008 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Denis Law, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Planning Commission Appointment: Ordinance Ed Prince Resolution Old Business Exhibits: New Business Study Sessions Community Service Application Information Recommended Action: Approvals: Legal Dept Refer to Community Services Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment i; Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Law appoints the following to the Planning Commission for an unexpired term expiring on January 31, 2010: Ed Prince, 11002 SE 176th St, #E-304, Renton, WA, 98055 (position previously held by Casey Bui) STAFF RECOMMENDATION: Confirm Mayor Law's appointment of Mr. Prince to the Planning Commission. III Rentonnet/agnbill/ bh r -" RECEIVE CITY OF RENTON tIAR 12 APPLICATION FOR COMMUNITY SERVICE MOORS • If you are interested in participating in local government by membership on any of the following City boards, commissions,or committees,please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98057 Check the boards/commissions/committees in which you are interested: ❑ AIRPORT ADVISORY COMMITTEE* ❑ PLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY* ❑ HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ SISTER CITY COMMITTEE-CUAUTLA ❑ LIBRARY BOARD* U SISTER CITY COMMITTEE-NISHIWAKI ❑ MUNICIPAL ARTS COMMISSION* ❑ TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION* ❑ NON-MOTORIZED TRANSPORTATION ADV CMTE *Special membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR. MS. ❑ NAMEe� "r�y��P_ DATE 3/c75 ADDRESS 11002- 5? 1io 54— it- _.,..---("-SC)11ZIP CODE qs--6 ---- . PHONE: DAY p)D6.—qqi�jaZ NIGHTS O6 —1R.5-,..4-5i0;7_ EMAIL8pririce9CrI.C6.02 RENTON RESIDENT? Yes IF SO,SINCE WHEN? C. nlk) Hi II - ��S) CITY OF FORMER RESIDENCE Tqq iK& '( IQ'1 EDUCATIONAL BACKGROUND l/lSh(nn -Sink al vars i-S / !ct — I G/'1'1t 'C,7 I l47 Ca ki OCCUPATION�rbrr() DI(eCYI1 (' EMPLOYER JPGtgie 142i s OCCUPATIONAL BACKGROUND(5b/emnriled' Ct iVo11--CparF Sealor COMMUNITY ACTIVITIES(organizations/clubs/servicegroups,etc.)TfC 4 Soy,yid Pi�i a#( i1( sc�`jigie Ic-F,rlcf-"goal aQ- fec �" �c ►�, f Ue� horhn -fo �t►z9 o TrztsPsr hOt i '1 C. (+(Z.fr3 -Or (ecylitnil Scifiols REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMMITTEE Ti,/ c*fr be y+O-( 1'a ' €YTbn Corn �' -��C ssiona-4 afx�d- o e rdwih ow Ci CAN ATTEND DAY MEETINGS? 'PS CAN ATTEND NIGHT MEETINGS? l Applications will be kept on file for one year. If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500. 2/20/07 Cc: (94`ex • ,e.fjove cca. L . CITY OF RENTON COUNCIL AGENDA BILL AJ a: —7e m •ubmitting Data: For Agenda of: April 7, 2008 Dept/Div/Board.. AJLS Department Staff Contact Denis Law, Mayor Agenda Status Consent X Subject: Public Hearing.. Reappointments to Airport Advisory Committee: Correspondence.. Jennifer Ann Rutkowski Ordinance Matthew Devine Resolution Robert Moran Old Business Michael Rice Jan Fedor Exhibits: New Business N/A Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other iscal Impact: Expenditure Required...7 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Law reappoints the following to the Airport Advisory Committee: Jennifer Ann Rutkowski, 515 S. 47th St, Renton, 98055 (Talbot Hill—primary) for a term that expires on 5/7/11. Matthew Devine, 527 S. 28th Pl, Renton, 98055 (Talbot Hill—alternate) for a term that expires on 5/7/11. Robert Moran, 425 Wells Ave S, Renton, 98057 (South Renton—primary) for a term that expires on 5/7/11. Michael Rice, Aerodyne, 300 Airport Way S #100, Renton, 98057 (Airport Leaseholders— I primary) for a term that expires on 5/7/11. Jan Fedor, 1245 Sunrise P1 SE, Issaquah, 98027 (The Boeing Company) for a term that expires on 5/7/11. STAFF RECOMMENDATION: Concur in Mayor Law's reappointments of Jennifer Ann Rutkowski, Matthew Devine, Robert Moran, 0 Michael Rice, and Jan Fedor to the Airport Advisory Committee. J CITY OF RENTON COUNCIL AGENDA BILL AI#: �p di* •Submitting Data: For Agenda of: April 7, 2008 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Jay Covington, Chief Agenda Status Administrative Officer Consent X Subject: Public Hearing.. Ratification of First Amendment to Valley Correspondence.. Communications Center Interlocal Agreement Ordinance Resolution Old Business Exhibits: New Business Study Sessions Issue Paper Information First Amendment to Valley Communications Center Interlocal Agreement Recommended Action: Approvals: Legal Dept Refer to Public Safety Committee Finance Dept Other 7 Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: An amendment to the Valley Communications Center(VCC) Interlocal Agreement was prepared to incorporate the following changes: • Valley Regional Fire Authority (VRFA), which has been providing fire protection and emergency medical services to the City of Auburn effective January 1, 2007, will function as do other member city fire departments for purposes of its representation on the Operating Board and for purposes of calculating and remitting payment for dispatch services. • King County Fire Protection District No. 39 is the successor in interest to all rights and obligations of the Federal Way Fire Department and will be recognized as such for all purposes under this Agreement. The amendment must be ratified by the legislative bodies of VCC's five member cities. STAFF RECOMMENDATION: Authorize Mayor Denis Law to ratify the First Amendment to Valley Communications Center Interlocal Agreement. 110 ti`s O� ADMINISTRATIVE, JUDICIAL, AND • ;� ® LEGAL SERVICES DEPARTMENT ‘e‘;�N� MEMORANDUM DATE: March 25, 2008 TO: Marcie Palmer, Council President Members of the Rentoryy Council VIA: Denis Law, Mayor FROM: Jay Covington, CAO SUBJECT: Ratification of First Amendment to Valley Communications Center Interlocal Agreement ISSUE: Shall the City of Renton agree to an amendment to Valley Communications Center's governing interlocal agreement that authorizes member city rates for Valley Regional Fire Authority and changes references to the Federal Way Fire Department to King County Fire Protection District No. 39, the agency's legal name? • RECOMMENDATION: Authorize Mayor Denis Law to ratify the First Amendment to Valley Communications Center's governing interlocal agreement. BACKGROUND: Valley Communications Center (VCC) customer agencies pay for emergency call receiving and dispatch services based on each agency's total dispatched calls for service. However, member cities pay a lower rate than contract agencies. When VCC's governing interlocal agreement was rewritten in 2000 to include Federal Way as a member city, it was agreed to extend the member city rate to King County Fire Protection District#39 (KCFPD #39)because the Fire District provided service to Federal Way. Since January 1, 2007, the Valley Regional Fire Authority (VRFA) has provided fire protection services for the City of Auburn in the same manner that KCFPD #39 serves Federal Way. When Federal Way was included as a member city of VCC in 2000, KCFPD #39 provided fire protection service doing business as the Federal Way Fire Department. The Fire District is now doingbusiness as South KingFire and Rescue, and continues to provide fire protection service to Federal Way. Renton City Council W Page 2 of 2 March 25,2008 1111 The amendment requires ratification by the legislative bodies of Valley Communications Center's five member cities. CONCLUSION: VCC Administration Board directed staff to amend the interlocal agreement to: • Extend the member city rate to VRFA. • Acknowledge that KCFPD #39 is successor to the Federal Way Fire Department and shall be recognized as such for allu oses under the agreement. P rP g • • J • FIRST AMENDMENT TO VALLEY COMMUNICATIONS CENTER INTERLOCAL AGREEMENT RECITALS A. The undersigned municipal corporations, Auburn, Federal Way, Kent, Renton and Tukwila, the "Member Cities" which compose the Valley Communications Center ("VCC") entered into an Interlocal Agreement ("VCC Interlocal Agreement") on or about April 17, 2000, that sets forth certain provisions, rights and obligations among the Member Cities. B. The Valley Regional Fire Authority ("VRFA") is a new Regional Fire Protection Service Authority formed to provide fire and emergency medical services within its jurisdictional boundaries which boundaries include the City of Auburn. C. The VCC Interlocal Agreement permitted the City of Federal Way to enter into a further interlocal agreement with King County Fire Protection District No. 39 for purposes of providing fire and emergency medical services dispatch via the City of Federal Way's membership in VCC. D. The City of Auburn now seeks to enter into an interlocal agreement with VRFA and VCC for the same purpose and in the same manner. • E. The City of Federal Way seeks to have VCC recognize King County Fire Protection District No. 39 as the Federal Way Fire Department's successor in interest for all purposes under this Agreement. NOW, THEREFORE, in consideration of the mutual rights and obligations established in the Amendment, the Member Cities hereby agree as follows: AGREEMENT 1. The following provisionsare herebyadded to the VCC Interlocal Agreement: Per Auburn City Council Resolution 4091 and subsequent approval by public vote, fire protection and emergency medical services previously provided by the City of Auburn became the responsibility of VRFA, a Regional Fire Protection Service Authority, which subsequently began providing fire protection and emergency medical services to the City of Auburn effective January 1, 2007. VCC acknowledges VFRA will function as do the other Member City Fire Departments, for purposes of its representation on the Operating Board and for purposes of IIIcalculating and remitting payment for dispatch services. First Amendment to Interlocal Agreement (February 27, 2008) Page 1 of 5 It is acknowledged that King County Fire Protection • District No. 39 is the successor in interest to all rights and obligations of the Federal Way Fire Department and will be recognized as such for all purposes under this Agreement. 2. The other terms of the VCC Interlocal Agreement shall remain the same and shall be in full force and effect. 3. This Amendment may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. 4. This Amendment shall be effective upon the last date of execution. IN WITNESS WHEREOF, the undersigned hereby affix their hands and seals. CITY OF KENT, WASHINGTON CITY OF TUKWILA, WASHINGTON By: By: Print Name: Print Name: Its: Its: Date: Date: • CITY OF AUBURN, WASHINGTON CITY OF RENTON, WASHINGTON By: By: Print Name: Print Name: Its: Its: Date: Date: CITY OF FEDERAL WAY, WASHINGTON By: Print Name: Its: Date: (Notary Acknowledgments Appear on Next Page) P:\Civil\Files\OpenFiles\0247\FirstAmendmentInterlocalAg reement.doc • First Amendment to Interlocal Agreement (February 27, 2008) Page 2 of 5 • STATE OF WASHINGTON ) . ss. COUNTY OF KING ) I hereby certify that on the day of , 200_, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires • STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of , 200_, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF TUWKILA as its s and such execution to be the free and voluntary act of such party for the uses andpurposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington • residing at My appointment expires First Amendment to Interlocal Agreement (February 27, 2008) Page 3 of 5 STATE OF WASHINGTON ) • : ss. COUNTY OF KING ) dayof 200 I I herebycertifythat on the , know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF AUBURN as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires • STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I hereby certify that on the day of , 200 , I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF RENTON as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at • My appointment expires First Amendment to Interlocal Agreement (February 27, 2008) Page 4 of 5 r • STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I hereby certify that on the day of , 200_, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF FEDERAL WAY as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington • Myresiding at appointment expires 4111 First Amendment to Interlocal Agreement (February 27, 2008) Page 5 of 5 it CITY OF RENTON COUNCIL AGENDA BILL '-7 AI#: !, e .o "'Submitting Data: For Agenda of: April 7, 2008 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Jay Covington, CAO Agenda Status Consent X Subject: Public Hearing.. Appointment of Nancy Carlson as the new Human Correspondence.. Resources Administrator, and set compensation at step Ordinance "E" of grade m49 Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Resume Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: None Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: After conducting a national executive recruitment, Mayor Law has appointed Nancy Carlson to replace Michael Webby as the City's new Human Resources Administrator. Nancy is scheduled to begin her service here in Renton April 7, 2008. Renton Municipal Code Title III, Chapter 6 requires Council confirmation of the Mayor's appointment to this position. Under City Policy and Procedure 300-41, Council must also approve starting salary above step C. Given Ms Carlson's background and qualifications, the Administration is recommending a beginning salary at the "E" step of salary grade m49. Because this is the grade and step of the former HR&RM Administrator, there will be no budget impact. Ms. Carlson will also be granted an initial sick leave and vacation balance. STAFF RECOMMENDATION: The Administration recommends that Council confirm the appointment of Nancy Carlson as the new Human Resources Administrator, effective April 7, 2008, and approve her salary at the "E" step of the HR&RM Administrator salary grade m49. Ill Rentonnet/agnbill/ bh Y • Uti CITY OF RENTON ' h ® MEMORANDUM DATE: April 2, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Jay Covington, Chief Administrative Officer SUBJECT: Council Confirmation of Appointment of Nancy arlson as Human Resources Administrator, and approval of Compensation at the "E" step of Salary Grade m49 ISSUE: Should the Council approve the appointment of Nancy Carlson as the City's new Human Resources Administrator, and set her compensation at step "E" of salary grade m49? RECOMMENDATION: Approve the appointment of Nancy Carlson as the city's new Human Resources Administrator, at the "E" step of the salary grade for the position,in recognition of her experience and expertise. BACKGROUND: Michael Webby retired from the City March 7th of this year. After conducting a national executive recruitment,Nancy Carlson was selected to replace Michael Webby as the City's new Human Resources Administrator. Nancy is scheduled to begin her service here in Renton April 7, 2008. Renton Municipal Code Title III, Chapter 6 requires Council confirmation of the Mayor's appointment to this position. Under City Policy and Procedure 300-41, Council must also approve starting salary above step C. Nancy comes to us with significant knowledge and experience in Human Resources, and spent part of her career working here in King County. She understands the challenges of helping us manage the city's growing and diverse work force and achieving our goal of having the most effective and efficient city government in the Puget Sound region. She has a strong background in labor relations and employee issues, and we are confident she will build upon the positive and productive relationships and practices Mike Webby and the entire HR team developed during Mike's tenure here. Carlson has over 15 years of senior and executive level management experience in the field of human resources and labor relations in Alaska, Washington and California. Prior to her I I accepting the position here in Renton, she served as the Human Resources Director for the City • of Fremont, CA, since 2002. Prior to that,Nancy served as labor relations director for Kaiser Permanente Hospitals and Swedish Medical Center. She was also assistant director/labor relations manager for King County's Office of Human Resource Management in 1993. In that capacity,Nancy was the county's lead spokesperson for human resource issues during the Metro/King County consolidation. Because of Nancy's experience and expertise, and to bring her salary closer to the salary she received in Fremont, we have agreed to start her at the "E" step of salary grade m49. Since that is the grade and step Mike Webby received when he was here, there will be no budget impact. Nancy will also receive an initial sick leave and vacation balance in recognition of her forfeiting both in order to come to Renton. • • Nancy A. Carlson 945 Kensington Drive 510.651.4235 Fremont, California 94539 carlsonnaa.comcast.net IIISUMMARY Over 15 years of executive managerial responsibility and proven experience in strategic management, organizational assessment/development and change management. • Future-oriented and able to clearly identify problems and innovative solutions for the short and long term well-being of the organization. • Dedicated to creating human resource programs and implementing practices that enhance the credibility and trust of both the organization's customer base and the employees serving those customers. • Self-confident, decisive and believe in the importance of laughter in the workplace. EMPLOYMENT City of Fremont Fremont, CA Human Resources Director 2002 - present • Reporting to the City Manager and Deputy City Manager, serve as a member of the Executive Management Team, and advise on policy and procedures affecting human resource matters citywide. • Restructured HR department and through training and leadership, changed HR's image from a "gatekeeper" organization to a valued "business partner." • Managed employee functions including labor relations, payroll, benefits, recruitment & selection, classification & compensation, and training for an organization of 1,000 employees. • Implemented layoff of 224 positions with no grievances. • • Directed upgrades to PeopleSoft and Sigma. • Provided leadership to the implementation of new online application process increasing recruitment staff productivity. • Designed training programs covering FLMA, FLSA, ADA and the collective bargaining process. • Played key role in the redesign of three major city departments resulting in better services to residents. Kaiser Permanente Hospitals Oakland, CA Labor Relations Director/Northern California Division 2000-2002 • Reported to the Senior Vice President for Human Resources, and directed labor relations covering over 34,000 employees. • Played a key role in developing the strategy and facilitating the negotiations of Kaiser's first master labor agreement with 27 unions covering 90,000 employees nationwide. • Chief negotiator for seven agreements covering nurses, psychologists, psychiatrists, technicians, and administrative support. • Developed and delivered training programs for all levels of management regarding bargained agreements and developments in employment law. • Worked closely with legal department on arbitration cases, unfair labor practice and EEOC complaints. Swedish Medical Center Seattle, WA Employee/Labor Relations Director 1997-1999 • Chief spokesperson for the Medical Center in contract negotiations. • • Investigated and advised on employment law issues such as FLSA, ADA, FMLA, ADEA and harassment claims. Nancy Carlson-Resume(cont.) 2 • Represented the Medical Center in several mediations with state and federalPage agencies regarding employment law issues. • Advised departments regarding organizational design including classification and compensation, in conjunction with the Center's Value Improvement Program (re-engineering) • Principal designer of new Personnel Rules and Records Management Plan. • Provided consultation on day-to-day employee issues for the Leadership Group for an employee population of 4,000. King County, Office of Human Resource Management Seattle, WA Assistant Director/Labor Relations Manager 1993-1997 • Managed all labor relations work including contract negotiations for 50 collective bargaining agreements. • County's chief spokesperson for countywide issues such as heath care and introduced collaborative bargaining and grievance mediation to county agencies. • Principal designer of the new King County/Metro consolidated Human Resources Department with new programs covering technology, benefits, labor relations, and compensation and classification. • Directed the development of the County's first centralized training program Human Resource Systems for Effective Supervisors. • Monitored day-to-day operations of the Human Resources Department staff of 70+with responsibility for business plans, customer relations and budget planning. • Developed and supported department budget request (annual budget $3.2 million). ADDITIONAL EXPERIENCE State of Washington - Labor Relations Consultant 1977 to 1993 King County, Office of Human Resource Management- Negotiator Alaska Public Employees Association - Regional Director • Alaska Public Offices Commission - Executive Director • Designed and promoted legislation to advance Governor's civil service and collective bargaining reform programs (State of Washington). • Managed labor relations programs affecting over 12,000 employees and supervised professional and clerical staff(Alaska Public Employees Association). • Designed computerized tracking systems and information sharing between regional offices. • Revised existing statutes, promulgated regulations and issued interpretative memoranda. • Investigated alleged violations of the disclosure laws and presented the findings for Commission review. (Alaska Public Offices Commission) CERTIFICATES, AWARDS, EDUCATION Graduate Studies, Communication Theory, California State University, Northridge, California Bachelor of Arts, Communication, University of San Francisco, San Francisco, California Continuing Studies: • Certificate in Labor Relations/University of Alaska • IPMA-HR - Member • National Employment Law Institute • National Association, Public Employer Labor Relations Association - Member • Numerous Employment Law Symposiums and Conferences • Society for Human Resource Management— Member • CITY OA' RENTON COUNCIL AGENDA BILL �7 AI#: /,R, r. • Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk April 7, 2008 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-08-003; Court Case Correspondence.. State of Washington v. The Plaza at Yarrow Bay, Inc.; Ordinance The Boeing Company; City of Renton; and King County Resolution Old Business Exhibits: New Business Summons and Complaint Study Sessions Information Recommended Action: Approvals: Refer to City Attorney and Insurance Services Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Notice of Summons in Condemnation and Condemnation Petition filed in King County Superior Court by the State of Washington regarding the condemnation of property for public use relating to the improvement of I-405 and SR-167. III • 1 CITY'OF RENTON. 2 MAR 2 4 2008 3 RECEIVED 4 CITY CLERKS OFFICE iia Aft kyal epuric✓ 5 /nal 04. 6 Allivv, 7 WZ f anA6t / i THE HONORABLE MICHAEL HEAVEY 8 n • / OAPU Hearing: Friday, April 4, 2008 iY w/o Oral Argument 9 STATE OF WASHINGTON 10 KING COUNTY SUPERIOR COURT KENT REGIONAL JUSTICE CENTER 11 12 STATE OF WASHINGTON, NO. 08-2-07273-8KNT 13 Petitioner, NOTICE AND SUMMONS IN • vs. CONDEMNATION 14 15 THE PLAZA AT YARROW BAY, INC.; THE BOEING COMPANY; CITY OF RENTON; 16 and KING COUNTY, 17 Respondents. 18 TO THE ABOVE-NAMED RESPONDENTS: 19 A lawsuit has been started against you in the above-entitled court. The Petitioner's claim 20 is stated in the Condemnation Petition, a copy of which is served upon you with this Notice and 21 22 Summons in Condemnation and which has been filed with the clerk of the court. 23 Notice is hereby given that the Petitioner will, on Friday, April 4, 2008, or as soon after as 24 can be heard, seek an order of public use and necessity as described in RCW 8.04.070. The 25 hearing will take place at the Kent Regional Justice Center in Kent,King County, Washington. 26 • NOTICE AND SUMMONS IN1 ATTORNEY GENERAL OF WASHINGTON CONDEMNATION Transportation&Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia,WA 98504-0113 (360)753-6126 Facsimile: (360)586-6847 1 • You are hereby notified that the determination of a public use is for the court to make, and 2 at the time and place indicated above, you may appear and resist that determination. After the 3 determination by the court that this project is for a public use, the Petitioner will ask the court to 4 set a trial date for determination of the amount of just compensation to be paid for the taking or 5 damaging of the land, property, and property rights. The Petitioner will eventually request that 6 the court vest title in fee simple in the State of Washington. 7 You are required to file a notice of appearance and serve it on the undersigned, or an order 8 of default can be entered against you. If you wish to seek the advice of an attorney in this matter, 9 you should do so promptly so that your appearance, if any,may be served on time. 10 This notice and summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of 11 the State of Washington and RCW 8.04.020. 12 • DATED this 14th day of March,2008. 13 ROBERT M. MCKENNA • 14 torney Ge. - . 15IA t� 16 , AMANDA G. PHILY, WS: • #37667 Assistant Attorney General 17 Attorney for Petitioner STATE OF WASHINGTON 18 19 20 21 22 23 24 25 26 • NOTICE AND SUMMONS IN 2 ATTORNEY GENERAL OF WASHINGTON CONDEMNATION Transportation&Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia,WA 98504-0113 (360)753-6126 Facsimile: (360)586-6847 0 • 1 EXHIBIT"A" 2 Parcel Number: 1-19634 3 STATE VS. Plaza at Yarrow Bay LLC 4 DESCRIPTION: 5 All rights of ingress and egress (including all existing future or potential easements of access, 6 light, view and air)to, from and between the SRV line survey, the BS line survey as shown on Sheet 2 of SR 405, SR 515 Vic. to S. 6th St. Vic. and the herein described Tract"X" 7 TRACT"X" 8 PARCEL A: 9 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., 10 in King County, Washington, and Blocks l land 12, C. D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof recorded in 11 Volume 17 of Plats,page 74, in King County, Washington, and of vacated streets and alleys attached thereto, and Lots 1 through 12, Block 5, Renton View, according to the plat thereof 12 recorded in Volume 33 of Plats,page 25, in King County, Washington, and of vacated streets and alleys attached thereto, described as follows: 13 Beginning at the southeast corner of the northwest quarter of said northeast quarter of Section 14 19; thence south 01°04'08" west, along the east line of the southwest quarter of the northeast 15 quarter, a distance of 224.15 feet; thence south 55°03'12" east a distance of 45.44 feet to the TRUE POINT OF BEGINNING; 16 thence south 89°44'03" east, along the south margin of Renton Village Place (North line of the Plat of Renton View), a distance of 867.26 feet; 17 thence south 01°24'03" west, a distance of 123.27 feet to a point on the northerly margin of Primary State Highway No. 1, (Jct. S.S.H. 5-M to Jct. P.S.H. No. 2 - SR 405); 18 thence south 20°46'00" east, along said north margin, 30.00 feet; thence along a curve to the right in a southwesterly direction,having a radius of 1,810.00 feet 19 through a central angle of 07°05'07", an arc distance of 223.83 feet to a point of curve to a spiral curve; 20 thence along a spiral curve to the right on the northerly margin of PSH No. 1, the long chord of which bears south 79°20'21" west, a distance of 292.06 feet to the point of tangency of the 21 spiral curve; thence continuing along said north margin south 80°49'08" west a distance of 213.80 feet; 22 thence south 09°10'52" east, along said north margin, 20.00 feet; thence south 80°49'08" west, along said north margin, 27.80 feet to a point of curvature; 23 thence along said north margin on a curve to the right having a radius of 11,380.00 feet through a central angle of 00°15'40", an arc distance of 51.86 feet; 24 thence north 08°55'12" west, along said north margin, 20.00 feet to a point of curvature; thence along said north margin in a southwesterly direction on a curve to the right having a 25 radius of 11,360.00 feet through a central angle of 01°52'35", an arc distance of 372.03 feet; thence north 00°02'16" west a distance of 251.51 feet; 26 thence north 61°42'59" east a distance of 258.92 feet; NOTICE AND SUMMONS IN 3 ATTORNEY GENERAL OF WASHINGTON CONDEMNATION Transportation&Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia,WA 98504-0113 1 (360)753-6126 Facsimile: (360)586-6847 1 thence south 89°44'03" east a distance of 56.01 feet to the TRUE POINT OF BEGINNING; • 2 TOGETHER WITH all that portion of Lots 36, 37, 38, 39 and 40 in Block 11, C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No 1, according to the plat thereof 3 recorded in Volume 17 of Plats,page 74 in King County,Washington, and of vacated 96th Avenue south(also known as Shattuck Street) and also of vacated 10th Avenue South adjacent 4 to Block 11 of said plat lying northerly of a line beginning at a point opposite Highway Engineer's Station(hereinafter referred to HES) 197+89.58 on the survey line of SR 405, Jct. 5 SSH No. 2-M to Jct. PSH No.2 in Renton, and 100 feet northerly therefrom; thence easterly to a point opposite HES 199+64.58 on said survey line and 100 feet northerly 6 therefrom; thence easterly,parallel with said survey line, 100 feet to a point and the end of this line 7 description; and lying southerly of a line beginning at a point opposite HES 197+89.58 on said SR 405 8 survey line and 100 feet northerly therefrom; thence northerly to a point opposite HES 197+89.58 and 118.22 feet northerly therefrom; 9 thence easterly and northerly, parallel with the Service Road survey line of said highway, to a point opposite HES P.T. 1+93.4; • 10 thence easterly, through HES P.T. 1+93.4, to a point opposite HES P.T. 1+93.4 and 30 feet easterly therefrom; 11 thence southerly to a point opposite HES 199+64.58 on the SR 405 survey line of said highway and 100 feet northerly therefrom; 12 thence easterly, parallel with said survey line, 100 feet to a point and the end of this line description; 13 EXCEPT those portions conveyed to the State of Washington by deeds recorded under • 14 Recording Numbers 8708140473 and 8708140474. 15 PARCEL B: 16 That portion of the northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington; 17 AND; 18 . Lots 11 and 12, Block 5, Renton View Addition, according to the plat thereof recorded in 19 Volume 33 of Plats, page 25, in King County, Washington,more particularly described as follows; 20 Commencing at the southeast corner of the northwest quarter of said northeast quarter of Section 19; 21 thence south 01°04'08" west along the east line of the southwest quarter of the northwest quarter, a distance of 224.15 feet; 22 thence south 55°03'12" east, a distance of 45.47 feet to the south margin of Renton Village Place(60 feet wide) and north of said Renton View Addition; 23 thence south 89°44'02" east along said south margin, a distance of 867.26 feet to the TRUE POINT OF BEGINNING; 24 thence continuing south 89°44'02" east along said south margin, a distance of 175.09 feet to the westerly right-of-way of SR 515 (Talbot Road South) as shown on Washington State 25 Highway Plan—Renton Vicinity: Carr Road to Grady Way Sheet 6 of 6, approved November 5, 1971; 26 thence south 02°36'57" west, along said westerly right-of-way line, a distance of 44.11 feet to • NOTICE AND SUMMONS IN 4 ATTORNEY GENERAL OF WASHINGTON CONDEMNATION Transportation&Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia,WA 98504-0113 (360)753-6126 Facsimile: (360)586-6847 1 II 411 1 the northerly margin of Primary State Highway No. 1 (Junction S.S.H. 5-M to Junction P.S.H. No. 2 - SR 405), said northerly margin lying on a curve having a radius of 1,780.00 feet and 2 having a radial bearing of north 27°00'05"west; thence westerly along said curve through a central angle of 6°12'09", an arc distance of 192.69 3 feet to a point on the easterly line of a Lease entered on April 7, 1980 between Renton Village Company and Boeing Computer Services; 4 thence north O1°24'03"east along said easterly line,a distance of 122.94 feet to the TRUE POINT OF BEGINNING. 5 SR 405, SR 515 Vic. to S. 6th St. Vic. 02/07/08 6 7 8 Parcel Number: 1-20425 9 STATE VS. The Plaza at Yarrow Bay, LLC 10 DESCRIPTION: 11 Parcel 1: • 12 All that portion of the hereinafter described TRACT "X" lying within the following tract of land; beginning at a point opposite Highway Engineer's Station(hereinafter referred to as HES) 13 SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. to S. 6th St. Vic. and 30 feet • southerly therefrom; thence northerly to a point opposite said HES and 30 feet northerly 14 therefrom; thence northerly to a point opposite said HES and 35 feet northerly therefrom; thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet 15 northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 16 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet 17 westerly therefrom; thence northeasterly to a point opposite HES BS 422+80.62 on said line survey and 66.50 feet westerly therefrom; thence easterly to a point opposite said HES and 18 59.74 feet westerly therefrom; thence southerly to a point opposite HES SRV 14+39.09 on said SRV line survey and 30 feet southerly therefrom; thence westerly, parallel with said SRV line 19 survey to the point of beginning. 20 TOGETHER WITH a perpetual easement to use and occupy the following described lands to be designated as Parcel 2, for the purpose of an utility easement for transfer to Puget Sound 21 Energy: 22 Parcel 2 23 All that portion of the hereinafter described TRACT"X" lying within a tract of land beginning at a point opposite Highway Engineer's Station(hereinafter referred to as HES) SRV 13+04.47 24 on the SRV line survey of SR 405, SR 515 Vic. To S. 6th St. Vic. and 70 feet northerly 25 therefrom; thence westerly parallel with said line survey to a point opposite HES SRV 11+96.73 thereon; thence northeasterly to a point opposite HES SRV 13+65.20 on said line 26 survey and 118.89 feet northerly therefrom; thence southerly to a point opposite HES SRV • NOTICE AND SUMMONS IN 5 ATTORNEY GENERAL OF WASHINGTON CONDEMNATION Transportation&Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia,WA 98504-0113 (360)753-6126 Facsimile: (360)586-6847 1 13+64.07 on said line survey and 91.76 feet northerly therefrom; thence southwesterly to the III point of beginning. 2 TOGETHER WITH the temporary right and easement to use and occupy the following 3 described lands to be designated as Parcel 3 for the purpose of providing a work area and operating all necessary machinery and equipment thereon, at any and all times from the date 4 hereof until December 31, 2012. 5 Parcel3: 6 All that portion of the hereinafter described TRACT "X" lying within a tract of land beginning 7 at a point opposite Highway Engineer's Station (hereinafter referred to as HES) SRV 10+67 on the SRV line survey of SR 405, SR 515 Vic. To S. 6th St. Vic. And 35 feet northerly therefrom; 8 thence easterly to a point opposite HES SRV 11+95.13 on said line survey and 38.30 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 12+69.07 on said line • 9 survey and 56.86 feet northerly therefrom; thence northeasterly to a point opposite HES SRV 13+60.27 on said line survey and 90.72 feet northerly therefrom; thence northeasterly to a 10 point opposite HES BS 422+37.53 on the BS line survey of said Highway and 82.51 feet westerly therefrom; thence northwesterly to a point opposite HES BS 422+80.62 on said BS line survey and 66.50 feet westerly therefrom; thence westerly to a point opposite said HES 11 and 71.83 feet westerly therefrom; thence southwesterly to a point opposite HES BS 422+41.55 on said BS line survey and 86.35 feet westerly therefrom; thence southwesterly to a 12 point opposite HES SRV 13+58.74 on the SRV line survey of said Highway and 95.48 feet 13 northerly therefrom; thence southwesterly to a point opposite HES SRV 12+67.59 on said SRV line survey and 61.64 feet northerly therefrom; thence southwesterly to a point opposite HES • SRV 11+94.45 on said SRV line survey and 43.29 feet northerly therefrom; thence westerly to 14 a point opposite HES SRV 10+67 on said line survey and 40 feet northerly therefrom; thence 15 southerly to the point of beginning. TRACT "X" 16 17 Parcels B and C, City of Renton Lot Line Adjustment Number LUA-00-0141-LLA recorded under Recording Number 20010507900001, said Lot Line Adjustment being a portion of the 18 northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington. 19 20 TOGETHER WITH all rights of ingress and egress (including all existing, future or potential easements of access, light,view and air)to, from and between SR 405, SR 515 Vic. to S. 6th St. 21 Vic. and the remainder of said TRACT "X". 22 EXCEPT that the state shall construct on its right of way a Type "D" off and on approach not to exceed 50 feet in width for use necessary to the normal operation of a commercial 23 establishment, on the westerly side, at or near Highway Engineer's Station BS 423+95 as shown on Sheet 2 of 9 Sheets of said SR 405, SR 515 Vic. to S. 6th St. Vic., and to which off 24 and on approach only, the respondents, successors or assigns, reserve a right of reasonable access for that purpose only. Said approach is restricted for use by traffic as a right in, right 25 out only. 26 1110 NOTICE AND SUMMONS IN 6 ATTORNEY GENERAL OF WASHINGTON CONDEMNATION Transportation&Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia,WA 98504-0113 (360)753-6126 Facsimile: (360)586-6847 • 1 EXCEPT that the respondents herein reserve for themselves, their successors or assigns, the right of reasonable access to the BS Line connection of said Highway northerly of HES BS 2 425+67±L/A on said BS Line. 3 The lands herein condemned in fee contain an area of 12,686 square feet, more or less, and in temporary easement contain an area of 2,038 square feet,more or less, and in utility easement 4 contain an area of 3,420 square feet,more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of 5 the Secretary of Transportation at Olympia, and bearing date of approval May 24, 2007, revised August 30, 2007. 6 SR 405, SR 515 Vic. to S. 6th St Vic. 2/8/08 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 • 26 NOTICE AND SUMMONS IN 7 ATTORNEY GENERAL OF WASHINGTON CONDEMNATION Transportation&Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia,WA 98504-0113 (360)753-6126 Facsimile: (360)586-6847 CITY OF RENTON COUNCIL AGENDA BILL AI#: ,s g a • Submitting Data: For Agenda of: 4/7/2008 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie I. Walton Agenda Status Consent X Subject: Public Hearing.. Appeal of Hearing Examiner's decision dated 2/4/2008 Correspondence.. regarding the 409 Whitworth (Condominiums) Site Ordinance Approval application. (File No. LUA-07-125, SA-H, Resolution ECF) Old Business Exhibits: New Business City Clerk's letter (3/21/2008) Study Sessions Hearing Examiner's Response to Request for Information Reconsideration - (3/13/2008) Appeal/Request for Reconsideration - Harold Deacy (2/18/2008) Appeal - Capital Homes, LLC/Chris Cirillo (2/18/2008) Appeal - Phyllis Webb (2/15/2008) Hearing Examiner's Decision (2/4/2008) Recommended Action:7 Approvals: Refer to Planning and Development Committee. Legal Dept 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: Appeal of the Hearing Examiner's decision on the 409 Whitworth (Condominiums) Site Approval application was filed on 2/15/2008 by Phyllis Webb and on 2/18/2008 by Harold Deacy and Capital Homes, LLC (Chris Cirillo), accompanied by the required $75 fees. STAFF RECOMMENDATION: Council to take action on the 409 Whitworth (Condominiums) Site Approval application appeals. ilio cc: Jennifer Henning Rentonnet/agnbill/ bh ,s,— off, . CITY OF MENTON::; ;. ® : City.Clerk ru, . . Denis Law;Mayor '. ,Bonnie:I..Walton: , • • . NT ' :.March 21, 2008 . APPEALS FILED-BY Phyllis Webb, Harold Deacy and Capital Hoines,.LLC/Chris Cirillo . : , - RE: : Appeal of Hearing.Examiner's decision dated 2/4/2008regarding the 409'Whitworth •(Condominiums) Site Approval application, located at 409-Whitworth AV'S(File No: '" - LUA�0.7-125, SA-H, ECF) . • .. To Parties:of Record: Pursuant.to Title IV,'Chapter 8, Renton City Code of Ordinances,_written appeal Of the hearing - ' . •• - examiner's.de_cision on the RTC Short Plat application has been filed With.the City Clerk._ :. -In accordance with Renton Municipal Section 4-8-110F, the City Clerk shall notify all'" 'parties,of.record of the receipt of the-appeal. Other parties of record"may;subunit letters limited' • ' _••..to support of:their positions within ten (10) days-of the date of mailing of the notification of the filing;of the appeal. The deadline for submisson of additional letters is.5:00 pili,March 31;; - , 2008. _ • NOTICE'I�S HEREBYOVENthat•the Written appeal'and.other,pertinent"documents will-be ' ' - . reviewed by the Council's Planning'and.Development,Committee -'Phe Council Liaison will ' notify all parties of record of the date; and:time of the"Planning and Development Committee. ' . 411 -. ,,-, :,meeting. I-f you are not listed in`local telephone directories and wishito attend,the meeting,.. . ' please call the Council Liaison,at 425-430-6501"for'information. The recommendation of the ' ' Committee willbe presented for consideration by the Aill Council at:a subsequent Conned ' meeting. • Attached are a copy of the appeal-and la copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations:.Please note that the City Council-will be -, consideriing.the merits of the appeal based_upon the:written•r-ecord,previously established: ' . '' Unless a showing`c•an be made that additional evidence could not reasonably have been available : " at the prior hearing held by. the Hearing_Examiner, no further evidenceor testimony on this ' matter will be`accepted•by the City Council, : " - - -` For additional information_or:assistance; please feel free to tall'gip at 425-430-65Q2.'- - Sincerely V.1liehele Neumann .. . ' . - - , Deputy City Clerl Attachments _ cc: Connell Liaison 1055 South Grad WayRenton,,Washin on 98057 -425 430-651.0/FAX(425)430-6516 1'` . I 1 O t �.... AHEAD OF THE CURVE' - " , This papercontains50%recycledfnateria1,30%postconsurtteF City of Renton Municipal Code; Title IV, Chapter 8, Section 110—Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170,the fee schedule of • the City. (Ord. 3658, 9-13-82) 4-8-110F: Appeals to City Council—Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council,upon a form furnished by the City Clerk, within fourteen(14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the 1111 absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination of the record,the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified,the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision • of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) CITY OF RENTON ` i Hearing Examiner batDenis Law,Mayor Fred J Kaufman � — • March 13, 2008 Harold Deacy 407 Whitworth Ave S Renton, WA 98056 Re: 409 Whitworth,LUA 07-125, SA-H, ECF Request for Reconsideration Dear Mr. Deacy: This office has reviewed your Request for Reconsideration and the response follows. This office has to reluctantly abide by its original decision. There needs to be a balancing of interests when the Zoning Code permits more intense uses to encourage changes the City wants in its basic character but elements of the Comprehensive Plan and the Site Plan Ordinances suggest toning down the disparities between older uses and newer uses. This office still believes that reducing the height of the building is a reasonable compromise but it is still a compromise and not all of the profound impacts of this larger scale building can be reduced while honoring the Zoning Code and the vision of a more dense downtown area. You may proceed with your appeal including this letter to the City Council. • If this office can provide any additional assistance,please feel free to write. Sincerely, Fred Kaufman Hearing Examiner City of Renton FK/nt cc: Chris Cirillo, Capital Homes LLC Kayser Ole Willey, Owner Jennifer Henning,Development Services Larry Warren, City Attorney Neil Watts,Development Services All Parties of Record • RE 1055 South Grady Way-Renton,Washington 98057-(425)430-6515 ` AHEAD OF THE C 'JEVE' This paper contains 50%recycled material,30%post consumer U 2 - /8 - 2.008 CITY OF REN d®r FEB 18 2008 k)71 ),-. f-2-ei 9 . / RECEIVED 490 CITY CLERK'S OFFICE 4,1:3 X p.m. 4 ,e(77)--uiee ,66- A - c --)Le,- /- I 1 ) pc_ LUA 0 7 - 12S� d _ii., /�`/J .. -e-2----7--cry , • ) 61---yi ,a-x--7,--6-7- di �w- C *4-. (s) ) - 4 -e,------ a-2, 61-. . 5 --e / 1-,-e--or,<,,r- --i,-e___ cic. , y f%(--4 ,i ,-61-110 - / - 7 ,,,,,_t- , ' • / , (7.�„ 1 Z ,,( t ___ .2 4/ 6 ! 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CITY OF RENTON ,, ,gy t 1. IDENTIFICATION OF PARTY FEB 1 8 2008 APPELLANT: REPRESENTATIVE (IF ANY): �������� Name: A( 'OLD DE�4�Y Name: CITY CI FFZK's(iFFIr. Address: 407 (,4)1-I 11-WORT1-4AUC . SO. Address: ReJ-1 (Oii , CA)A- 9S0Sa Phone Number: 4-2 S - 22c -3(:p 76 Phone Number: Email: Email: 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: Correction: III Conclusions: No. / Error: /40-4) o em co u"-a v` r eJe u e 0 fa e,h,+ ;- 0 -/--ti. . S a 1-.e4 / l' fA),• t-�euT Vfpp h CI par/ Me, 46r.G or� -1 6 CGvrfrxiC4i/F Correction: c�u CQ h7 Vel _ve_f op a k Q rea. 1,-)A: 1 e J 'round h sow rof--ecfioz, �+b 4-jug-- Q) ` ' T 5 �!� // �/� � J 4 l'�G� f�re�ZY1�O�.S// l��G/,��.e �'yo Ci Ot r• a-x�'C� G4 G rre 1`�r9 H 4 d Y � e_ Ji 7'e-/"�Ce • eved i-"La h e7 G7„ Gl r ho ti Oe-s �, '71-ti kJ, r, f . --rte �,'f A SJ o. Error: �Q , . L, , - f _i . `r .> .. TS Correction: ke-v-e rSe__ tai_, d,oLC"_;s?a 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) CO — Lail' Wxf-r_1eb1 X Reverse the decision or recommendation and grant the following relief: f1e -TtS Modify the decision or recommendation as follows: Iced Kamen Remand to the Examiner for further consideration as follows: Other: • d;1 IO 14 A-20 i) DEA-c2- 18- zoo Appellant/Representative 't-nature Type/Printed Name Date NOTE: Please refer to Title IV,Chapter 8, of the Renton Municipal Code,and Section 4-8-110F,for specific appeal procedures. CITY OF RENTON '10 APPEAL TO RENTON CITY COUNCIL a• f OF HEARING EXAMINER'S DECISION/RECOMMENDATION FEB 18 2008Cp1M APPLICATION NAME 409 Whitworth(Condominiums)Site Approval FILE NO.Lt4A,T67G1 RECEIVED The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner,dated February 4 ,20 08 . 1. IDENTIFICATION OF PARTY APPELLANT: REPRESENTATIVE(IF ANY): Name: Capital Homes,LLC/Chris Cirillo Name: H.Troy Romero,Justin D.Park Address: 16603- 107th Place NE Address: 155-108th Ave.NE,Suite 202 Bothell,WA 98011 Bellevue,WA 98004 Phone Number:_206-669-5413 Phone Number: (425)450-5000 Email: cmcirilloAyahoo.com Email: tromeroArpwfirm.com,jpark(n,rpwfirm.com 2. SPECIFICATION OF ERRORS (Attach additional sheets,if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: See below and additional sheets. Finding of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: Correction: • Conclusions: No. 4 Error: The Hearing Examiner erred in concluding that this project would require"tradeoffs"on the applicant's part beyond those already made prior to the Hearing. Correction: The Applicant has already balanced the interests of Zoning,Site Plan Ordinance and Urban Design Regulations and has mitigated the impact of the project sufficiently that it should be approved. Other: Decisions No. 1 Error. The Hearing Examiner erred in requiring Applicant to reduce the height of the proposed structure from 60'4-1/2"to 48"and from five stories to four. Correction: The proposed structure's height is well under the Zoning limit of 95 feet,,and the building has been designed to mitigate the impact of its height. proposed The p po sed stru cture height should be approved. 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: pp�� � (Attach explanation,if desired) 0-Cs •-; 0-th, Reverse the decision or recommendation and grant the following relief: (,k 1J xx Modify the decision or recommendation as follows: See attached sheet. L � Remand to the Examiner for further consideration as follows: Other - j -� -•�� r"-La r-C4M1I Chris Cirillo,Manager February�� 2008 • Appellant/Representative Signature Type/Printed Name Date NOTE: Please refer to Title IV,Chapter 8,of the Renton Municipal Code,and Section 4-8-110F,for specific appeal procedures. ADDITIONAL SHEET ATTACHMENT TO APPEAL TO RENTON CITY COUNCIL • OF HEARING EXAMINER'S DECISION/RECOMMENDATION APPLICATION NAME: 409 Whitworth(Condominiums) Site Approval FILE NO. LUA 07-125, SA-H, ECF 2. SPECIFICATION OF ERRORS Conclusions: No. 10 Error: The Hearing Examiner erred in concluding that"the proposal is too out-of-scale with its immediate community"and in making statements that a height restriction should be required. Correction: The Applicant has taken all reasonable steps to mitigate the impact of the proposed structure and the structure is in compliance with all Zoning and other regulations. No. 11 Error: The Hearing Examiner erred in concluding that the exterior parking spots should be eliminated and replaced by a landscaped, "open space". Correction: The Applicant has provided sufficient open space in its Site Plan(See Findings of Fact no. 21) and is well within all requisite Zoning • and Development Codes. No. 12 Error: The Hearing Examiner erred in concluding that no further modifications of the building would be permissible. Correction: The Applicant should be permitted to make necessary modifications to the plan as needed with only approval from Staff at Development Services so long as such modifications do not make major material changes to the footprint or impact of the proposed structure. Decisions: No. 1 Error: The Hearing Examiner erred in deciding that the Applicant would be required to reduce the height of the building to four stories and approximately 48 feet. Correction: The Site Plan elevations should be approved at the specified height of five stories and 60-61 feet. 111 ADDITIONAL SHEET ATTACHMENT TO APPEAL TO RENTON CITY COUNCIL Page 1 of 2 • No. 2 Error: The Hearing Examiner erred in deciding that the Applicant would be required to eliminate the exterior parking spaces and create open space to the rear(west) of the proposed structure. Correction: The Site Plan should be approved with exterior parking to the rear(west)of the proposed structure. No. 3 Error: The Hearing Examiner erred in deciding that the Applicant may not make further modifications to the proposed Site Plan without additional public hearings or new site plan review. Correction: The Applicant may not make major modifications to the Site Plan (defined as those that would alter the scale,height, square footage or footprint)without new site plan review, but all other modifications, if necessary, may be approved through Development Services with no further public hearings or site plan review. 3. SUMMARY OF ACTION REQUESTED. The City Council is requested to modify the decision of the Hearing Examiner as follows: Strike Decisions 1-3, and modify Conclusions 4, 10-12 as indicated above and approve the Site Plan as submitted with an instruction that further modifications may be approved • without public hearings or site plan review as set out in the correction to Decision no. 3 above. • ADDITIONAL SHEET ATTACHMENT TO APPEAL TO RENTON CITY COUNCIL Page 2 of 2 CITY OF RENTON APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISION/RECOMMENDATIO o%?-° �f3 �. 5 ?008 � ` APPLICATION NAME- 7 � ./T oox j J�6�Q, ,4-m,LJ/im ILE I�(T R CEIVED FYICq 2- 9- The undersigned interested party hereby files its Notice of Appeal from the de ision or recommendation of the Land Use Hearing Examiner, dated. FED P —capes 6----- 1. IDENTIFICATION OF PARTY APPELLANT: REPRESENTATIVE (IF ANY): Name: f AL - /, 2L3 13 Name: Address: 2171 j S • Pi—- ,le), Address: .('AL) 22I-f i.) -- X8" -7 Phone Number: ��s� Z� — 6., 6'7'0 Phone Number: Email: Email: 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: ,9}•TTS-G L p Correction: • Conclusions: No. Error: Correction: Other: No. Error: Correction: 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: ccy/loan Modify the decision or recommendation as follows: -r� wa-kb Remand to the Examiner for further consideration as follows: ,qd Kauft,. Other: AppellaiWRepresentative Signature Type/Printed Name Date NOTE: Please refer to Title IV,Chapter 8,of the Renton Municipal Code, and Section 4-8-110F,for specific appeal procedures. ///yz_2../sL, �-�.8 O'(D,4,4-,tF ---74- 53 z- Inc. ° ; l>�pc)//Z T G.0t� P4---7-7/3) LE- L�,}%J U5"1 Pe 1 GIS S 'X� 0-7/ 42/9 I ,ii-- //A 7/OA r6}-% T T )cd 4. v=-6 L. Li -ty Lv -Z0 4 i"- a/ ,17 5 p4- T C L 7A) ( fT� �ie,�ct� .Z-C2 �t /�G/ 1� G� b <<J'TO / /P?bl�/ / f� FfE`D, PLA-10 0 1Q---14- /-11"E:1' /VTo < P`/P/AL x/7404, i---Z2 -2_, Z 2 Yc�v/�' SILL/!UG /14 74-)/- .4____ 2- Li - 2-9 6 , /� L— ind2- f t'L i//1� 5 ,- 6 F?�/� �e, T /v E !/ /n (�i r t�:� 3 3 oI,�� 5"ci�o0L 0K- REG7"a _ 7-6L� P6L(C FI�i-o, c s �O 7 U,4)f-�Ei _ PA- o'ure..cSblcThoL y u 15/ -i�7/tx i`fElh�T 0/(1 Ly s/ /f I- 1 1.--c:5 T/C'vGTU S /)0 T exc EIS /X.L> F--«;D• (`Zj j W© ie � 7ic) c NAL e - - \ l-s�f l�l i Ly i2E 2! D ,07/.t�L /c?�/�"i"5 t�I G,D ripc>„"T T o 43(1/4--,C) �o ' S A).07- Fcl ) eDk7 0-3o)p /Gy L___ 0 -169 NO Ir l<//t) 74r/,z}-/ /.9-/FFcy j- , L.4?-7.c. -6- C .12 0 ' ' 13 I -(ft .L.-) /C S vr/ , �lpL(�5 1 O&(�1z,z) - �T'� uc /T/z� -W,0 /L. c. pGIA/),0i/.} e---)70/0/-/Fs '?; c_, -----7 c, A- C�,t}D 0 77/-7 i z -- / i" 7a1-LLy ii )rn P,211"t2= III om5 , ( wib of yo6.) C©cJ, 2 /L. /)/ mtt3 ies Gie/G _7k&.-- --- , 1 / i , --- .„,.....,,e)r--",-, /moi);/.T A}z----`Y—r \-/A ,Le') i0�i 1 r'_— 1 t February 4, 2008 OFFICE OF THE HEARING EXAMINER • CITY OF RENTON Minutes OWNER: Kayser Olaf Willey 835 S 143`d Place Burien, WA 98168 APPLICANT/CONTACT: Capital Homes LLC Chris Cirillo 16603-107t Place NE Woodinville, WA 98072 409 Whitworth(Condominiums) Site Approval File No.: LUA 07-125, SA-H, ECF LOCATION: 409 Whitworth Avenue S SUMMARY OF REQUEST: Applicant requested Site Plan approval for the construction of a 5-story condominium building on a 7,199 square foot property. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on January 3, 2008 PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the January 8, 2008 hearing. The legal record is recorded on CD. The hearing opened on Tuesday,January 8, 2008, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Vicinity Map application,proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No.3: Existing Conditions Plan Exhibit No.4: Aerial Photograph of Neighborhood 411 Exhibit No. 5: Zoning Map Exhibit No. 6: East Facade 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 • Page 2 Exhibit No. 7: East and South Building Elevations Exhibit No. 8: West and North Building Elevations Exhibit No. 9: Garage Plan Exhibit No. 10: Residential Level 1 Plan Exhibit No. 11: Residential Level 2 Plan Exhibit No. 12: Residential Level 3 Plan Exhibit No. 13: Residential Level 4 Plan Exhibit No. 14: Site Plan Exhibit No. 15: Roof Plan Exhibit No.16: Landscape Design Exhibit No. 17: Photograph of Site from Whitworth Exhibit No. 18: Photograph of Site from Whitworth Showing South Property Stake Showing North Property Stake Exhibit No. 19: Letter in support of project by Mr. Exhibit No. 20: Printed copy of Statement read by Jeff Wolfson Mr. Olaf Willey Exhibit No. 21: Seven letters faxed to Ms. Johanson in support of this project. The hearing opened with a presentation of the staff report by Elizabeth Higgins, Senior Planner,Development • Services, City of Renton, 1055 S Grady Way, Renton,Washington 98055. The project is a condominium project and is located in the Center Downtown zone. The zoning changes at the Burlington Northern/Santa Fe Railroad tracks and becomes residential. The property fronts on Whitworth Avenue South and is backed by an alley that runs north/south between Whitworth and Shattuck. It would be located on a single-family residential lot that is one lot south of 4th Place. McClendon's is located to the west and St. Anthony's Catholic Church is located to the north, on the north side of 4th Place. The neighborhood has been developed with single-family residential uses since the 1920's, there are some conversions of single-family properties into other uses including office space. The project would have parking on the ground level with four levels of residential units above that. Vehicles would access the parking garage via the alley, there is no access to the garage via Whitworth. There would be open space on the roof level for the residents' use. The building would be approximately 60-feet tall with articulation on the front and rear facades. The north and south facades would be less articulated. The building would be built up to the north and south property lines to within two feet. There would be setbacks from the east and west property lines. A split rail fence would screen the refuse area and three surface parking areas outside the parking garage. The parking requirement is for 21 spaces,three of the required spaces would need to be outside of the building. The density of the project would be 97 du/acre,building area would be 22,542 square feet including the parking level. The alley would be improved from the southwest corner of the property to S 4th Place at a width of 16 feet. • Fire, Parks and Transportation Fees would be imposed on this project. An avigation easement would also be required from the applicant. • 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 Page 3 • The Environmental Review Committee submitted a Determination of Non-Significance—Mitigated with 11 measures. No appeals were filed. The project is located in the Center Downtown Designation zone and meets the Land Use Element and Community Design Element of the Comprehensive Plan. There are some conflicts between policies and development standards throughout this zone. There are requirements to preserve trees,however, there are no trees on the property. It has been asked that an expanded landscape plan be submitted showing the addition of trees and other landscaping. There are no applicable lot size, width or depth standards in this zone. The limitation of coverage on the property by a structure is 75%when parking is provided within the structure. The proposed structure would cover approximately 74% of the property. There are front and rear setbacks, the side setbacks are one foot eleven inches and one foot on the north and south sides. There would be parking and refuse collection in the rear setback, that does not seem to be in conflict with the project. Landscaping has been planned for, and it has been suggested that a trellis and some vines be planted along the side of the building. The front yard setback requirement is 10 feet from the property line for the first 25 feet of building height and above 25 feet the building is to be setback 15 feet from the property line. For this particular project the front setback for the first 25 feet is 10 feet,but it shows a setback of 13'8-1/2" and levels 2 through 5 would be setback 15'1-1/2" from the east property line. The Examiner inquired if the front yard setback could be changed through a modification further down the • process, as what happened with the project on Williams about a block from City Hall, where the building was redesigned after a public hearing, the public accepted the project and expected the design to be followed, and now the building has turned into something very different. Elizabeth Higgins stated that this project has had several minor modifications. They are required to adhere to the minimum setback requirements. They could request a variance. The criteria for site plan review includes mitigation of impacts to surrounding property uses. There are some conflicts between the criteria and what is allowed. This is the first significant impact on a neighborhood in this area. It will be a noticeable and visible impact. There definitely has been an attempt to have the face of the building compatible with the character of the neighborhood, it's not just a blank wall on the eastern side. People living on either side are most likely going to remain. Smaller lots probably could not be developed with a project of this size. They did meet with the project proponent and suggest they try to incorporate the abutting properties into the project, especially the property to the north. It appears that the property to the north could not be developed with a similar project due to the size. Photographs of the site showing the north and south property stakes were viewed showing how the proposed building would impact these adjacent properties. One of the criteria states that there should not be any blank walls, it is not clear if blank walls are permitted on sidewalls. The Environmental Review Committee was concerned about the increase in traffic in the neighborhood. This is a dead end street and alley. There would be a restriction on parking on S 4th Place, so that cars pulling out of the alley or out of Whitworth would have clear visibility on S 4th Place. A homeowners association was recommended for the maintenance of the building and e • P roPrtY• 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 Page 4 Kent Smutny,TSA Architects, 10800 NE 8th Street, Ste. 300,Bellevue, WA 98004 stated they are the architects for this project. He brought boards that show rough views of the project. They illustrate how the building is being stepped. The building steps back I'll"from the north property line, further back on that same side the building is basically at the property line. A trellis could be constructed on the side of the building to help lessen the impact of that wall. Further to the west on the north side,reveals could be added to help minimize the. impact. Above the parking level the middle of the north wall is set back 5 feet from the property line. The northeast corner of the building is stepped back 12 feet from the north property line and the northwest corner is set back 9 feet from the north property line. At the southeast corner at ground level the set back is one foot and again a trellis and vine could be added to lessen the impact. Seven and a half feet back from the south property line in the front is the elevator shaft. The top floor on the southwest corner is set back 19 feet from the south property line. Above the 25-foot level the areas projecting out from the building are bay windows and overhangs. Jeff Wolfson,PO Box 6602, Kent,WA 98064 stated that he is a landowner in the Benson Hill Community. The planned development meets all building criteria for the downtown corridor development and offers future homeowners easy access to downtown Renton and all basic needs and services. All necessary utilities are available to this project. The creation of affordable housing will bring new homeowners to the downtown area. Olaf Willey, 103 Logan Avenue S,Renton, WA 98057 stated that he is the owner of this property and read a statement in support of this development,which will make more affordable housing available. Five out of 14 properties on the street are owner occupied. Downtown living affords the residents access to all the City has to offer. Amrik Kamoh, 9423 NE 130th Place, Kirkland, WA 98034 stated that he owns property at 109 Logan Avenue and supports the development of thisproperty. He feels this improvement is important to the people in the downtown area,more people will revitalize the downtown businesses in the City of Renton. 415 Whitworth Avenue Renton, WA 98057 stated that she lives in the house just south of this Wilma Kozai, S, � proposed condominium. This large structure will be one foot away from her house, she will no longer have any privacy in her yard with the decks that will protrude from the building. The elevator will be located very close and she has no idea of the noise when that runs day and night. She was also concerned about the back alley and her access to her garage, there is very little room now for her to access her garage,but with the construction of this building, she may have even less access. She further questioned if this site was in the Downtown Core or the Mixed Use Zone, there seems to be a conflict in the staff report. No one ever talked to her about selling her property, or how this building would impact her, or anything else. She does not approve of this project. Matt Deacy, was speaking for his parents Mr. and Mrs.Harold Deacy who reside at 407 Whitworth Avenue S, the house to the north of this project. There are several references in the report to the adverse impacts to their property. Harold Deacy has lived in this house his entire life,his father build the house in 1925. Harold Deacy's hobby for the last 50 years has been gardening,this construction will block the sun from his house and will eliminate the use and enjoyment of his property. They recognize that the zoning has changed and developments are allowed,they just didn't realize how great the negative impact would be on them. No one has made any offers to them nor have they been contacted by anyone. They had no idea that this project was even • being considered. They request that the City not approve this project. Louis Barei, 614 S 18th Street, Renton, WA 98055 stated that he owns the house at 417 Whitworth Avenue S, the house was built in 1926 by his grandfather. He understands that progress must be made in the City of 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 Page 5 • Renton,however his primary objection is that the very first development is an interior lot impacting everybody both north and south. Even though he is two houses away,the impact will still be on his property. The property value is only part of the issue, the quality of life is very important. If you own property next to a condominium and people don't want to live next to it,that diminishes the value of the property. It seems reasonable that in the future people will not want to be living in his rental property. The increase in property value will only increase property taxes. This project damages rather than enhances his property. The neighborhoods have to be thought about and protected, it is the duty of the City to do that and if the City does not do that,then they are all lost. What is allowed does not always turn out to be what is necessary. Elizabeth Higgins stated that the proposed set back from Ms. Kozai's property is about a foot and a half from the property line not from the house to the south. She does have a side yard of about four feet. If a building is constructed right on the property line,would there need to be a construction easement on the abutting properties in order for the forms to be put in for the pouring of concrete for foundations. The Examiner stated that he was not sure, one would presume that there were be various easements between property owners. There also has to be maintenance, anything built on that property, the construction crew cannot intrude into the neighboring property to the north or south to build this without the owner's permission. Elizabeth Higgins further stated that when she said she understood that other people in the neighborhood wanted to stay in their homes, that was from the calls and letters that were sent to her. She did not initiate any conversations with the neighbors. It also was her understanding that the neighbors were approached and 4111 conversations had been had regarding this project. Rosalie Higgins,417 Whitworth Avenue S.,Renton, WA 98057 stated she has lived there 16 years, she attends St. Anthony's Church and enjoy all her neighbors. Her daughter lives next door at 419 Whitworth and another daughter owns the house at 420 Whitworth. This project is way too huge for the neighborhood. It will impact the traffic and parking. Many times when she comes home from grocery shopping and there is no available parking on her street. Access to the alley is blocked with people picking up their children from school. Stephanie Clarey,419 Whitworth Avenue S,Renton,WA 98057 commented on the statement made by Elizabeth Higgins regarding the project on Williams Ave and the fact that new zoning has gone through to prohibit future structures from protruding onto the sidewalk in that neighborhood. Ms. Higgins further stated that she sees that happening to this neighborhood. That would mean that once this project is built,the zoning could be changed and then even more so the property values would go down. Also in the Renton Magazine the last issue talked about the Historic Districts within the City of Renton,it listed the Renton High School,Uptown Glassworks, Old Milwaukee Station,and of the downtown Renton churches all which are within a one-mile radius of our neighborhood. Is there a way that the Washington State Historic District could have the neighborhood preserved as part of the original history of Renton. The Examiner stated he could not answer that, they would have to speak to someone else. Timing is a great issue, the applicant is working with the owner and they are entitled to develop at the current zoning, it is called vesting. In reviewing the project he may determine that it should be scaled back because it doesn't integrate well in the existing community or the project may be determined appropriate given the fact that the Comprehensive Plan does suggest change for this area and the first change is always very dramatic,he will • consider the testimony along with the building form, its massing and scale and make a decision. The neighbors or applicant both have the right to ask for a reconsideration of the decision if they think there was an error made, or they may appeal to the Council and point out anything wrong with the project, the Council could overturn the Examiner's decision, and beyond that,people could take the whole matter to court. • 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 • Page 6 Katherine Deacy,407 Whitworth Avenue S,Renton,WA 98057 stated that she wonders what the City is thinking,they told the residents to fight this all the way. Then they told the developers to go higher,they started with three stories. Kayren Kittrick,Development Services stated that discussions from the ERC showed concern about the sight distance coming off the alley. She was interested in hearing from Rosalie Higgins that the St. Anthony's parents are parking over there and that is not supposed to be happening. The alley would be paved out to 16 feet,but that does not allow parking, it is for access only. During construction,access is required to be maintained, however they will be allowed to have traffic control plans, during paving, etc.there will be times when the alley will have to be closed in order to work on it. Olaf Willey stated that on May 17,he had Trish Johanson, his realtor, submit an offer to Deacy's,they spoke with them and the offer was mailed,his mother went to the local retirement community and spoke with them and checked into an annuity so they not only could purchase the property outright for$500,000.There was an option of selling both properties at the same time which would have meant$450 plus another$100 in cash at closing,which would have been$550,000 plus they would have gotten an annuity and the money would have paid for retirement for 10 years and at the end of that period,there would have been a lump sum left. This was more than a simple purchase and sale agreement. He did not speak to the neighbors to the south,he was out of the loop at that point. Matt Deacy stated that his parents never got anything in the mail about an offer,they had talked to Trish with • the understanding that there was a party that was interested in the house,but they did not realize that they were dealing with a developer. The original story was that this individual had bought the house so his parents could move up from Portland. They had no idea that a 5-story building would be built next door to them. Trish Johanson,Realtor, 6161 NE 175th, Ste. 200,Kenmore, WA 98028 stated that the person who purchased this property did want his parents who visited from Portland to stay there. Down the road things changed, there was an interested party in the property and that is where the developers came about. She further submitted faxed letters in support of this project. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:55 am. FINDINGS, CONCLUSIONS& RECOMMENDATION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Capital Homes LLC, Chris Cirillo, filed a request for a Site Plan approval. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC),the City's responsible official issued a Determination of III Non-Significance-Mitigated(DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 Page 7 • 5. A number of neighboring property owners opposed the project as too large and tall and introducing too much traffic into the neighborhood. They were particularly concerned about shadowing and shading of adjacent parcels as well as the loss of privacy from a tall building overlooking their homes and private yard space. There was concern that such a large building would make other properties on the block less hospitable,both owner-occupied homes and rental units for tenants. 6. The subject site is located at 409 Whitworth Avenue South. The property is located on the west side of Whitworth one lot south of S 4th Place. An alley runs along the rear or west side of the lot and Shattuck Avenue South is located west of the alley. Whitworth is a deadend street in this location with the railroad tracks located south of the block. The alley also deadends to the south. 7. Saint Anthony's church is located north of S 4th Place. A single family home with a large south yard and garden is located north of the subject site. Single-family homes are located east of the site across Whitworth and south of the subject site. West, across the alley, are additional single-family homes and an office. 8. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of urban center-downtown uses,but does not mandate such development without consideration of other policies of the Plan. 9. The subject site is currently zoned CD(Center Downtown). 10. The subject site was annexed to the Citywith the adoption of Ordinance 156 enacted in May 1909. • J 11. The subject site is approximately 7,199 square feet. The parcel is 60 feet wide along Whitworth by 119.99 feet deep. 12. The subject site is level. There is no significant vegetation on the site. An existing two-story, single family home is located on the subject site. The home would be removed if the proposal were approved. 13. Access to the front of the property is along Whitworth on the east and to the rear of the parcel along the alley on the west side of the parcel. The alley is a partially improved roadway 16 feet wide. 14. The applicant proposes erecting a condominium complex on the subject site. The building would contain 16 residential units in a five-story(5-story)building. 15. The building would be 60 feet 4-1/2 inches tall. The CD zone permits buildings 95 feet tall (with provisions for taller buildings). 16. The proposed building would cover 74 percent of the site. The zone permits 75 percent coverage when structured parking is used. Most of the parking, 18 stalls,would be contained in a first-level garage, with three (3) surface parking stalls in the rear,outside of the building. 17. The front yard or east setback would be 13 feet 8-1/2 inches at ground level and 15 feet 1-1/2 inches above that. The front yard setback requirement in the CD zone is 10 feet from the property line for the • first 25 feet of building height and above 25 feet the building is to be setback 15 feet from the property line. Projections of roofs and decks above ground would intrude into the setback approximately 2 to 4 feet. The proposed "projections" would require a variance, which has not been approved. 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 • Page 8 18. The side yard setbacks would be one foot on the south side and 1 foot 11 inches on the north side,at ground level. The setbacks would increase above ground level and vary due to articulations or modulations in the facades above the ground level. No side yard setbacks are required unless it would be along a street. The CD zone permits zero setbacks and allows buildings to attach to one another. 19. The rear or west side setback would be 15 feet 2-1/2 inches. It would be used for three surface parking stalls and garbage collection. No rear yard is required unless it abuts a residential zone. 20. The entire structure would contain 22,542 gross square feet. 21. Open space is provided within the building envelope on the south side of the 5th floor, 311 square feet, and the east side of the roof, 1,594 square feet. 22. The density for the building would be 97 dwelling units per acre. The CD zone permits a maximum density of 100 dwelling units per acre(and up to 150 with a Conditional Use Permit). 23. The building's exterior treatment would consist of split-face, 8 inch by 16 inch,cement masonry units (CMU) on the lower levels and Hardie siding and Hardie panels with 2 by 2 battens on the upper levels. The roofs would be shed or pitched with asphalt shingles. Vinyl framed windows would be provided with more windows on the east and west facades facing the street and alley and fewer windows on the north and south where future adjacent development could potentially block views. Balconies would be located on the east and west facades, again,opening out to the street and alley,respectively. The dig l rtawing iupesori • 24. The n mainwilentrance beaandicuelevatorlatednd bayill woubeldstepphave architectural featuresrtes.along Whitworth but the parking garage would be the dominant ground level element. It would have metal louvers over parking garage wall openings and a built-in planter box will provide some landscape screening of the parking garage facade. 25. The applicant has proposed incorporating three trees in the front yard area that staff noted are very small in size and not suited to an urban, five-story building. They proposed no street trees although code and comprehensive plan provisions require street trees. The applicant suggested that trellis elements could be included along the north facade to introduce some landscaping materials in this area. 26. The project would generate approximately 80 new daily vehicles trips with 6 peak hour trips in the a.m. and 7 peak hour trips in the p.m. 27. The subject site is located in the Airport Influence Area AIA and below the flight path to and from J IP (AIA) g Renton Municipal Airport. It will not intrude into the airspace but will be affected by flight noise. Therefore, avigation easements would be required for each residential unit. 28. In addition to the Site Plan approval criteria,the subject site is subject to the District'A'Urban Design Regulations. The design regulations contain both discretionary guidelines and mandatory minimum standards. 29. The City has adopted a series of policies and goals in its Comprehensive Plan regarding development of urban and urban downtown areas. It also has adopted Urban Design Standards. Some of those policies and standards are shown below with particular emphasis supplied to those policies that address the type • of development that is proposed in this case-a large-scale structure adjacent to older, small-scale homes: Policy LU-229. Encourage the most intensive development in the Downtown Pedestrian 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 Page 9 • District and Downtown Core with a transition to lower-scale commercial and residential projects in areas surrounding the Downtown Core. Policy CD-13.1: Project design, including location of access and dimensions of yards and setbacks, should address privacy and quality of life on existing improved portions of sites. Rear and side yard setbacks should be maintained and not reduced to facilitate increased density. Policy CD-17: Development should be designed(e.g. site layout, building orientation, setbacks, landscape areas and open space,parking, and outdoor activity areas)to result in a high quality development as a primary goal, rather than to maximize density as a first consideration Policy CD-18: Projects should only be approved at the upper end of density ranges when the following criteria are fully addressed in project level submission. i)Trees are retained, relocated, or planted to create sufficient vegetative cover to provide a landscape amenity, shade, and high quality-walking environment in an urban context. ii)Lot size/configuration and lot coverage is sufficient to provide private recreation/outdoor space for each resulting lot. • iii) Structures can be sited so that entry, window, and door locations create and maintain privacy on adjoining yards and buildings. Architectural and landscape design should: ❑ Prevent window and door openings looking directly into another structure, ❑ Prevent over-reliance on fencing, or ❑ Prevent projections of building elements into required setbacks in a pattern that reduces provision of light,visual separation, and/or require variances or modification of standards. Density may be reduced within the allowed range to bring projects into compliance with these criteria. Policy CD-25: Site design should address the effects of light, glare,noise,vegetation removal, and traffic in residential areas. Overall development densities may be reduced within the allowed density range to mitigate potential adverse impacts. Policy CD-40: Structures should be designed(e.g.building height, orientation, materials, color and bulk)to mitigate potential adverse impacts,such as glare or shadows on adjacent,less intense land uses and transportation corridors. 30. Similarly,the provisions of the Site Plan Ordinance and those sections pertinent to the context of this project and its surroundings and emphasized below: Section 4-9-200 • (A) (2). Site Plan Review:The purpose of the Site Plan process is the detailed 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 • Page 10 • arrangement of project elements so as to be compatible with the physical characteristics of a site and with the surrounding area.An additional purpose of Site Plan is to ensure quality development consistent with City goals and policies.For those developments that do not require Master Plan first, Site Plan Review should occur at an early stage in the development of a project, when the scale, intensity and layout of a project are known. The intent of the tiered site development plan review process is to provide an opportunity to review projects at broad levels for the Master Plan and with increased specificity as development plans becomes refined to the level of Site Plan.Intent statements below shall guide review of the plans at specificity appropriate to the level of review. 1. To promote the orderliness of community growth, protect and enhance property values and minimize discordant and undesirable impacts of development both on-and off-site; 2.To promote high quality design meeting criteria set forth in the City's Urban Center Design Overlay,where applicable; 3.To protect and enhance the desirable aspects of the natural landscape and environmental features of the City; 4.To ensure convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas, and ensure that road and pedestrian circulation systems implement land use objectives for the zone in which the project occurs; 0 5. To promote coordination of public or quasi-public elements, such as walkways, driveways,paths, and landscaping within segments of larger developments and between individual developments; 6. To protect neighboring owners and uses by assuring that reasonable provisions have been made for such matters as sound and sight buffers,light and air, and those other aspects of site plans which may have substantial effects on neighboring land uses; 7.To minimize conflicts that might otherwise be created by a mix of uses within allowed zones; 8. To provide for quality, multiple family or clustered housing while minimizing the impacts of high density,heavy traffic generation,and intense demands on City utilities and recreational facilities; 9. To provide a mechanism to more effectively meet the purposes and intent of the State Environmental Policy Act; 10. To supplement other land use regulations by addressing site plan elements not adequately covered elsewhere in the City Code and to avoid violation of the purpose and intent of those codes. (Ord. 3981,4- 7-1986; Amd. Ord.4802, 10-25-1999; Ord. 5028, 11-24-2003) (E) DECISION CRITERIA FOR SITE PLAN AND MASTER PLANS: The Reviewing Official shall review and act upon plans based upon a finding that the proposal meets Comprehensive Plan objectives and policies and the criteria in this subsection and in subsection F of this Section, as applicable. • These criteria also provide a frame of reference for the applicant in developing a site,but are not intended to discourage creativity and innovation. Review criteria include the following: 1. General Review Criteria for Both Master Plans and Site Plan 1 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 Page 11 • Review: a. Conformance with the Comprehensive Plan, its elements, goals, objectives,and policies. In determining compliance with the Comprehensive Plan,conformance to the objectives and policies of the specific land use designation shall be given consideration over citywide objectives and policies; b. Conformance with existing land use regulations; c. Mitigation of impacts to surrounding properties and uses; d. Mitigation of impacts of the proposed site plan to the site; e. Conservation of area-wide property values; f. Safety and efficiency of vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Mitigation of noise, odors and other harmful or unhealthy conditions; i. Availability of public services and facilities to accommodate the proposed use;and j. Prevention of neighborhood deterioration and blight. Section RMC 4-9-200F: (F) ADDITIONAL REVIEW CRITERIA FOR SITE PLAN REVIEW: The interpretation of the following criteria,particularly references to the "intent • of the zoning code," shall consider the purpose and intent of the applicable land use designation of the Land Use Element and the Objectives and Policies of the Community Design Element of the Comprehensive Plan. The Community Design Element is specifically intended to guide the interpretation of issues concerning the site planning, architectural fit,landscaping, and the context of the project relative to the existing neighborhood. Approval of plans subject to these criteria requires the additional finding that the project complies with the intent and policies of the Land Use and Community Design Element of the Comprehensive Plan. 1. Review of Impacts to Surrounding Properties and Uses: a. Mitigation of undesirable impacts of proposed structures and site layouts that could impair the use or enjoyment or potential use of surrounding uses and structures and of the community; b. Mitigation of undesirable impacts when an overscale structure,in terms of size,bulk,height, and intensity,or site layout is permitted that violates Zoning Code standards and the policy direction adopted in the Comprehensive Plan and impairs the use,enjoyment or potential use of surrounding properties; c. Provision of a desirable transition and linkage between uses and to the street,utility,walkway,and trail systems in the surrounding area by the arrangement of landscaping, fencing and/or other buffering techniques, in order to prevent conflicts • and to promote coordinated and planned benefit from, and access to, such elements; d. Consideration of placement and scale of proposed structures 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 • Page 12 in relation to the natural characteristics of a site in order to avoid over concentration of structures on a particular portion of a site such that they create a perception of greater height or bulk than intended under the spirit of the Zoning Code; e. Promotion of the efficient function of parking and service areas by effective location,design and screening,to provide integrated facilities between uses when beneficial, to promote urban layouts in appropriate zones,and to prevent unnecessary repetition and conflict between uses and service areas or facilities; f. Mitigation of the unnecessary and avoidable impacts of new construction on views from existing buildings and future developable sites,recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features and of promoting urban settings in appropriate zones; g. Provision of effective screening from public streets and residential uses for all permitted outdoor storage areas(except auto and truck sales), for surface-mounted utility equipment, for rooftop equipment, and for all refuse and garbage containers, in order to promote an urban setting where appropriate and to preserve the effect and intent of screening or • buffering otherwise required by the Zoning Code; and h. Consideration of placement and design of exterior lighting in order to avoid excessive brightness or glare to adjacent properties and streets. 31. Staff found that: "Privacy and quality of life on abutting lots would be affected, as would solar access, a quality of life issue, to property adjacent to the east" (Staff Report,Bottom of Page 10). At Page 11 of the Staff Report is the following quote: "Site planning is the art and science of arranging structures, open space, and non-structural elements on land in a functional way so that the purpose of the development can be met, while keeping those elements in harmony with each other and with the context of the project." 32. Neighbors indicated that the proposal was initially not as tall but that some staff encouraged the applicant to increase the height of the proposal to achieve greater density. CONCLUSIONS: 1. The subject proposal presents a quandary. An applicant is generally entitled to develop their property as it is zoned. This applicant was encouraged to develop it at maximum density. At the same time neighboring property owners and neighboring residents are also entitled to the continued enjoyment of their residences and these neighbors are entitled to the protections of regulations such as the Site Plan Ordinance and the Urban Design regulations that govern development. It is clear that the Zoning provisions for the CD zone permit the use, its bulk, its very narrow side yards and its height. If Zoning prevails and all else is for naught that would be the end of the review. But then what is the purpose of • the Site Plan Review,permit and approval process? Why have Urban Design regulations? It is clear that other factors have to be considered before a use is permitted on property zoned CD. That is where factors such as height, scale,bulk, and impact on the neighboring property are to also be considered. That means balancing the applicant's right to develop the CD zoned site against the impacts that 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 Page 13 • development of the site will have on the site and its neighbors. 2. It seems appropriate at this juncture to note that the project appears to be generally well designed. It steps back as it increases in height, it has included an interesting mixture of facade materials, it includes modulations and articulated surfaces and has varied rooflines. If the project had been proposed for Burnett Avenue South in the vicinity of South 3rd and 4th Streets, it would immediately blend in. The project has not been proposed for that generic Burnett Avenue location. It has been proposed on an interior lot at the very edge of the urban core. It would be 60 feet tall while its neighbors are barely 30 feet tall. It would be sandwiched in between two low-rise single-family homes. It would have very small side yards. It would have blank wall elements facing its northerly and southerly neighbors. It would shade those homes and block light and would peer into the private yards of those adjacent homes. 2. The question is how does one encourage the redevelopment of an area, community or in the most intimate situation, like this block to meet the policies and goals enunciated in the comprehensive plan without ripping apart the fabric of the community. The answer is you can't redevelop an area while providing some protection to the adjacent properties unless you exercise the discretion afforded by the Site Plan Ordinance and Urban Design Standards. Staff seemed reluctant to do that given the sometimes conflicting goals set by the City in its policy documents. 3. It is ironic that in the case of a Monopole 1 structure,the staff denied a permit on an administrative appeal and denied the monopole application on aesthetic reasons (File LUA-07-65, CU-A). In that case, the applicant was seeking to install an approximately 1-2 feet diameter pole that was 60 feet tall in place of a 40-foot pole. The pole would have been approximately 30 feet taller than the surrounding single- family homes. Albeit, that proposal was located in an R-8, Single Family Residential zone, but nonetheless,the aesthetics are the central focus of the denial. Here we have a proposal to erect a five- story, 60-foot tall condominium building that will span almost the width of the lot. It will leave side yards less than two feet wide immediately adjacent to one-story and two story homes. The aesthetic impacts of the current proposal on its neighbors are huge. So does the fact that the zoning for the area allows 95-foot tall structures outweigh all other factors? This office has to conclude that the Zoning Code is tempered by the additional requirements and specifically the Site Plan and Urban Design Review criteria. There are a number of criteria that basically govern the melding of the new with the old. 4. The review of this project cannot be done without noting that tradeoffs are required. Some of the tradeoffs would have to be on the applicant's part. That is because of the intrusive nature of this much taller, much bulkier building and that it is the first such conversion in this area, thereby making it most intrusive. But some tradeoffs would have to be on the part of the neighbors who have to accept that change to their rezoned neighborhood is inevitable. Balancing those competing elements should be governed by the guiding principles of the Comprehensive Plan,which is cited as one of the first references in the Site Plan criteria. 5. It is easy to see why staff believed that the provisions of the comprehensive plan were not specifically codified since there are hundreds of policies and objectives and including each in the Site Plan Ordinance would be impossible. Rather,the Site Plan Ordinance does contain the following provision: "compatible with the comprehensive plan." • 6. One of the issues here is that the comprehensive plan provides what some might term contradictory elements. In this case for example those conflicts might be: to encourage change and redevelopment at an increased density and to transition to urban type uses, while at the same time, integrating new 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 • Page 14 development into an existing community and possibly not build out and completely diminish existing yards eliminating the separation between uses, avoid shadowing and shading. Also, the comprehensive plan suggests avoiding deterioration and blight. As noted by a number of neighbors,unless or until immediately abutting or nearby properties are redeveloped,this rather large,almost lot line to lot line complex will make the immediate neighborhood less desirable and may lead to fewer interested tenants or less desirable tenants. 7. If the Zoning Code's land use designation is the only binding criteria for reviewing a project,that is, CD zoning permits buildings 95 feet tall, and requires no side yard(or lot line to lot line),what, frankly,are the other criteria doing in the Site Plan Ordinance? What is the import of having provisions that asks about"mitigation of impacts on surrounding properties and uses", "conservation of property values", "provision of adequate light and air"? What discretion results from these review criteria? If none and they are merely to describe such impacts and then let them play out,then they are a waste of ink and time. It would appear that these criteria do have significance and that significance is that if a project is not compatible with the goals and policies of the comprehensive plan, if a project creates impacts on "surrounding properties and uses", if a project does not provide "adequate light and air" the project may be conditioned to relieve some of those impacts or lessen the shadows and shading and it may even be denied. 8. It would seem that there is discretion to impose reasonable conditions on the project including reducing its overall size in order to reduce its impact on the community and more importantly on its immediate neighbors. The issue then is what can be done to reasonably mitigate the impacts of this over-scale • building on its neighbors while allowing the applicant reasonable use of its CD-zoned property? Will reducing the height of the building one-story provide reasonable relief or is it merely a pacifier to the community? Attempting to reduce the width of the building and provide more spacious side yards might seen appropriate but would require a major, costly redesign. Any reduction in the building would probably reduce the number of units or the number of larger units. But a unit reduction might also reduce the necessary parking and could even free some ground floor space to the rear of the building and provide ground level open space to complement the open space on the upper floors in compliance with Policy CD-18. In addition,reducing the number of units will also reduce the amount of the traffic that the project will generate in the community and along the deadend alley that serves both the proposal and its single-family neighbors. Actually, as the transition of this area occurs,that very limited alley could very well be very taxed by traffic from much denser housing such as is now proposed. 9. The applicant has proposed projections into setback areas that would require a variance or variances and that is not appropriate given the directions of Policy CD-18: "Prevent projections of building elements into required setbacks in a pattern that reduces provision of light,visual separation, and/or require variances or modification of standards." 10. Redevelopment of the site and the area is inevitable. Given that conclusion, the proposal does accomplish many of the goals and policies of the comprehensive plan and satisfies many of the criteria provided by the Site Plan Ordinance, which provides additional criteria for District A housing and even many of the criteria of the Urban Design Guidelines including its mandatory elements. But,as noted above in the Findings and the highlighted criteria, the highlighted policies and previous Conclusions,the proposal is too out-of-scale with its immediate community. It is not compatible and does not blend in. It does not transition development. It ungracefully wedges itself into an existing block of single-family • homes. The proposal would blend in better, although,never perfectly, if it were reduced in height as noted above. Again, it would be an even better fit if it had larger setbacks from its neighbors,but here, this office has to agree with staff-the applicant is entitled to develop the site at an increased density and bulk and not put to too much additional expenditure of time and money to drastically redesign the entire 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 Page 15 • complex. Therefore, this office finds it reasonable to reduce the height of the building by one-story. The project will be approved as a four-story building, approximately 48 feet tall. 11. As shown above,reducing the height should reduce the need for the exterior parking. The applicant shall create a landscaped open space to the rear of the structure in place of its proposed exterior parking. The applicant shall also provide relief from its proposed blank walls along the north and south facades since blank walls are not permitted. The applicant shall also redesign those aspects of the building's projected elements that would have required a variance. As noted, variances to permit such features are not favored. There are other ways to reduce a building's apparent bulk that do not actually increase its bulk or intrusions into required setbacks. 12. Finally, the public has been shown a building plan with articulations, modulations and certain design elements and other than reducing the height of the building and blending those upper elements where the reduction occurs,providing trellis or landscape relief along the north and south facades,the applicant shall not modify the building further. This office has noted at the hearing that the project along Williams between South 4th and South 5th was presented at Public Hearing as an entirely different design and slowly transitioned into a building that addresses the streets and its neighbors with blank concrete parking garage walls rather than ground floor entries that had plantings, steps and graceful design elements that blended with its surroundings. Similar modifications should not be permitted for this project. DECISION: • The Site Plan is approved subject to the following conditions: 1. The applicant shall reduce the height of the building to four-stories and approximately 48 feet tall. 2. The applicant shall provide open space to the rear(west) of the building in place of the exterior parking. 3. Other than reducing the height of the building and blending those upper elements where the reduction occurs,providing trellis or landscape relief along the north and south facades,the applicant shall not modify the building further with additional public hearings or a new site plan review. 4. An exterior lighting plan shall be submitted to the Development services Division for approval prior to the issuance of building permits. 5. A"material board" shall be submitted,prior to issuance of a building permit, to the attention of the Development Services Department plan reviewer. This submittal shall include materials, finishes, and colors for all exterior building elements. 6. A detailed landscape plan shall be submitted, to the attention of the Development Services Department plan reviewer prior to issuance of a building permit, indicating the final landscaping of the project site. • 7. A homeowners' association shall be created in order to establish maintenance responsibilities for all shared improvements. A draft of the document shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 • Page 16 Services section prior to issuance of the building permit and shall be recorded prior to occupancy. ORDERED THIS 4th day of February 2008. �c _ -- FRED J.KA AN HEARING EXAMINER TRANSMITTED THIS 4th day of February 2008 to the parties of record: Elizabeth Higgins Kayren Kittrick Harold Deacy Development Services Development Services 407 Whitworth Ave S City Of Renton City of Renton Renton,WA 98057 Chris Cirillo Capital Homes LLC Kayser Olaf Willey Capital Homes LLC 16603 107th Place NE 835 S 143rd Place 20314 132ne Avenue NE Bothell, WA 98011 Burien, WA 98168 Woodinville, WA 98072 Rosalie Higgins Wilma Kozai Rick& Stephanie Clarey 417 Whitworth Ave S 415 Whitworth Ave S • 419 Whitworth Ave S Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 Pat&Theresa Deacy Kelly Higgins Alice Deacy 14316 SE 184th Place 417 Whitworth Ave S 11002 SE 176th St., Ste. E-201 Renton, WA 98058 Renton, WA 98057 Renton, WA 98055 Philip Sheridan Trish Johanson Mr. &Mrs. Carl Nordstrom 2016 S Lucile Street McCarthy GMAC Real Estate 409 Morris Ave S Seattle,WA 98108 6161 NE 175th St., Ste. 200 Renton, WA 98057 Kenmore, WA 98028 Phyllis Webb Kent Smutny 249 Seneca Place NW Jeff Wolfson TSA Architects Renton,WA 98057 PO Box 6602 10800 NE 8th Street, Ste. 300 Kent, WA 98064 Bellevue, WA 98004 Amrik Kamoh 9423 NE 130th Place Louis Barei Kirkland, WA 98034 614 S 18th Street Renton, WA 98055 TRANSMITTED THIS 4th day of February 2008 to the following: • Mayor Denis Law Robert Van Home,Deputy Fire Chief Jay Covington, Chief Administrative Officer Larry Meckling,Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman, PBPW Administrator Transportation Division III • 409 Whitworth Site Approval File No.: LUA-07-125 SA-H, ECF February 4, 2008 Page 17 11111 Alex Pietsch, Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts,Development Services Stacy Tucker, Development Services Janet Conklin, Development Services Renton Reporter Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed-in writing on or before 5:00 p.m.,February 18,2008. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110,which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,February 18,2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur • concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. 3 s ''.c"' � w is :14:4-jr, 6; �0 l SITE P ;. , eek E - ; � ': 7.' . - 4'— fr A.,!— E . , .--1I,,,;• : .., „ 3�y x#a %>:klf: -..r X44-r vz ,k."I:144 - ''"" 1 0 ,,..4-1f-e: ,- L:,,,, y C - ' , Y9 y xt, 4'E4e �, r�. : S4li.? - e '.^t h5 ema , #,.µ;ms,.`r.,6,,,,:„,..,..„, „„. .a '�..u .c<�r ;� '� s4 a IH 0 ' • • k el2 ' — . . — . . . — . . — . . — . . — . . — . . — . .----- . — - - `c' _ .¢ 11^ . ASPHALT SNINC.LEES,TYP { I. • _ may! tYo o F . 42 • — 1 I l — :_=kiU� _ _ i.- - . rime I( I �4 . _ a t �( ! ILII •1„..,,...„milim.i.is II! 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F i + >;um3�dwy °f°x�;-r"9 g� :Yv r.wmu•'•J,.a. .e.k•n+1�.+4',. ^ ' •E,a.IdYMV�0,04 ' rq;+r; ,1^vgy,r'41 ,x!i ?",�'�, " 4, +�, •,.••.'rx"ar sd` ,: w t y�j{yar,to rYuv r11 m,25a ct,'a'nt... or ,i. a•',R k:5,. yv ASF•a .,;, s �"'' w:x..an,•:P: ( r CITY OF RENTON COUNCIL AGENDA BILL j AI#: 7i f 1 Al, •Submitting Data: For Agenda of: Dept/Div/Board.. CED April 7, 2008 Staff Contact Norma McQuiller - ext.6595 Agenda Status Consent X Subject: Public Hearing.. First Round of 2008 Neighborhood Grants Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper with project descriptions Study Sessions Information Recommended Action: Approvals: Refer to Community Services Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $68,053 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $77,000 City Share Total Project.. SUMMARY OF ACTION: • Fourteen project applications and ten newsletter applications were submitted for the first round of neighborhood grant funding. Staff evaluated each request against established criteria. Thirteen projects and ten newsletter grants are recommended for funding. STAFF RECOMMENDATION: Approve 13 2008 Neighborhood Program project applications and ten newsletter applications totaling $68,053. Authorize a second 2008 application round of funding ending in October 10, 2008. 11111 Rentonnet/agnbill/ bh J • ti� �� DEPARTMENT OF COMMUNITY AND + 41, + ECONOMIC DEVELOPMENT MEMORANDUM DATE: March 19, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: , ' Denis Law, Mayor474 / / FROM: >w Alex Pietsch, Administrator t/ STAFF CONTACT: Norma McQuiller,Neighborhood Program Coordinator(x6595) SUBJECT: 2008 First Round Neighborhood Grant Applications ISSUE: Do the 24 grant applications submitted, which includes ten newsletter grants, comply with the City of Renton's Neighborhood Program objectives and should they be approved? • RECOMMENDATION: The Administration recommends approval of thirteen projects and ten newsletter applications, totaling$68,053, the denial of project, and authorization of a second 2008 application round ending on October 10, 2008. BACKGROUND SUMMARY: The City Council appropriated $77,000 in the 2008 Capital Improvement Program budget for the Neighborhood Grant Program. The grant applications received in this round are shown in the following table. A more detailed summary of projects is attached. iv of the w'n criteria were used to evaluate projects to determine if the objectives The following g � Neighborhood Program are met: • Project size, location, and complexity are appropriate for the neighborhood group, with a realistic budget. • Documentation shows neighborhood participation and adequate volunteer labor reflecting community support for the project and includes maintenance after project completion. • Physical improvements are visible and benefit a large area of a community. • Demonstrated networking, self-help, and neighborhood organization. • Sufficient matching funds exist through volunteer labor, cash, or donated labor/materials. • Of the 14 project grant applications, the interdepartmental Grant Review Team recommended 13 be funded based on the above criteria. The Windwood HOA $1,545 h:\ednsp\neighborhoods\community services committee\2008\issue paper-1st round grant applications 2008.doc 3/25/2008 Page 2 project was rejected due to the fact that the project involves maintenance, which is the • responsibility of the HOA. Requested Recommended Neighborhood Amount Amount Project Grant Applications Downtown Committee/S Renton Neighborhood Association $2,371 $2,371 LaCrosse Homeowners Association $454 $454 Liberty Ridge Homeowners Association $23,517 $23,517 Maureen Highlands Homeowners Association $7,860 $7,860 May Creek Homeowners Association $2,871 $2,871 Parkside Court Homeowners Association $3,039 $3,039 Renton Hill Neighborhood Association $8,210 $8,210 Rolling Hills Homeowners Association $6,087 $6,087 The Vineyards Homeowners Association $4,224 $4,224 Tiffany Park Neighborhood Association $1,189 $1,189 Victoria Park Homeowners Association $2,782 $2,782 Windwood Homeowners Association $1,100 $1,100 Windwood Homeowners Association $1,545 $0.00 Windwood Homeowners Association $1,152 $1,152 • Newsletter/Administrative Grants Aster Park Homeowners Association $36 $36 Earlington Neighborhood Association $440 $440 Heritage Garden Estates Association $50 $50 Liberty Ridge Homeowners Association $572 $572 Maureen Highlands Homeowners Association $125 $125 North Renton Neighborhood Association $915 $915 Renton Hill Neighborhood Association $433 $433 Rolling Hills Homeowners Association $330 $330 Summit Park Homeowners Association $48 $48 Victoria Park Homeowners Association $248 $248 Total $69,598 $68,053 Note: The above amounts are rounded to the nearest dollar. CONCLUSION: The Neighborhood Grant Program continues to provide neighborhood associations with opportunities to improve their community and get to know their neighbors better. Since 2001,the program has benefited 37 neighborhoods through grants for 76 projects and 16 newsletters. • Cc: Suzanne Dale Estey h:\ednsp\neighborhoods\community services committee\2008\issue paper-1st round grant applications 2008.doc t Attachment 1 2008 Neighborhood Grant Projects IllTotal Meets objective of Grant Project Neighborhood Neighborhood Request Cost Project Description Program Downtown $2,371 $4,742 The project will consist of the Yes Committee/S South Renton Neighborhood Containers must not Renton Association,working in obstruct pedestrian Neighborhood partnership with the Downtown route of travel. Allow Association Businesses, to do a Spring Clean at least 44 inches for Up and plant assorted plants in pedestrian path. containers in the Downtown. This will bring residents,businesses, and property owners together to clean and beautify Downtown Renton. LaCrosse $454 $908 Project consists of adding two Yes Homeowners neighborhood entrance signs. Proposed signs shall Association Placement of signs to be located be within private at Monterey P1 NE &NE 36th St property and shall not and Lincoln Ave at NE 36th St. block sight distance. Suggest landscaping be added to enhance III appearance of signs. Liberty Ridge $23,517 $47,034 Project includes creating a small Yes Homeowners playground and installing a bench, Project approval Association swings, play structure, and pending written appropriate landscaping. The permission from proposed site is owned by the PSE/BPA. HOA with right-of-way given to Maintenance is Puget Sound Energy. Liberty responsibility of HOA. Ridge currently has one Annual inspection playground for over 500 needed by certified households and the proposed National Playground playground would foster Safety Inspector and neighbor-to-neighbor goodwill. submitted to HOA. Must be ADA approved. Maureen $7,860 $15,720 Improve appearance of retention Yes Highlands pond by landscaping, adding Must submit an Homeowners benches, doggie stations, approved landscaping Association trashcans, and newsletter holders. plan as a requirement of the plat. • May Creek $2,871 $5,742 Project consists of replacing the Yes Homeowners existing fence, which was Height must conform Association installed in 1989 as part of the to current code or original development. Property h:\ednsp\neighborhoods\community services committee\2008\issue paper-1st round grant applications 2008.doc Attachment 2008 Neighborhood Grant Projects fronts the community and is existing fence. A one- • prominently located along Duvall time goodwill gesture Ave NE. due to impacts from the future Duvall Project. Parkside Court $3,039 $6,078 Project includes cleanup and Yes Homeowners landscaping around retention Must use Washington Association pond located in the neighborhood. State Department of Would benefit not only the Agriculture approved residents but also boarders the weed killer. The use Maplewood Heights County Park. of Casteron is strictly prohibited. Renton Hill $8,210 $16,420 Project consists of placing two Yes Neighborhood neighborhood entrance signs. The Signs should not block Association north sign to be located at the foot sight distance or of Renton Ave S & I-405 interfere with the Overpass. effectiveness of The south sign to be located at the official traffic control foot of the Cedar Ave S & I-405 devices. Overpass. Maintenance of any landscaping will be the • responsibility of the residents,not the City. Suggest checking with WSDOT before placement of signs. Rolling Hills $6,087 $12,174 The purpose of this project is to Yes Homeowners install improved fence barriers for The fence will prevent Association the pool to comply with a young children from Washington State Department of climbing the fence, Health mandate. Reference thus improving safety. document: Guidelines for Project would also Swimming Pools Barrier Design, comply with May 2006. Washington State law. The HOA participates in competitions with other swim clubs throughout the Seattle area. Swim team members include surrounding neighborhoods. The Vineyards $4,224 $8,448 Project includes a sandblasted Yes Homeowners rock entrance sign to be placed at Call Utilities Association NE 5t11 St and Union Ave NE. Underground Location • Center before placement of sign. Sign shall not block h:\ednsp\neighborhoods\community services committee\2008\issue paper-1st round grant applications 2008.doc r r Attachment 2008 Neighborhood Grant Projects • sight distance. Tiffany Park $1,189 $2,378 The proposal is to continue Yes Neighborhood development of a neighborhood Association urban park located on a Seattle Public Utilities (SPU) owned right-of-way in Renton. The goal of this grant is to further develop the park with additional gravel and granite sealer to benches and rocks. Victoria Park $2,782 $5,564 The purpose of the project is to Yes Homeowners install an entrance sign at the Electric permit will be Association south entrance. The sign would needed from the City. include lighting and have a roof to Call Utilities assure the safety of the lighting Underground Location connection and make the project Center before look more finished. placement of sign. Windwood $1,100 $2,200 Project includes landscape Yes Homeowners improvement at front entrance and Call Utilities Association install lighting around Windwood Underground Location sign. Center before digging. • Windwood $1,545 N/A Project includes replacing gravel No Homeowners on paths and retention pond Project is a Association access road and replacing play maintenance issue and chips for two kids play area. is the responsibility of the HOA. Windwood $1,152 $2,304 Project consists of placing signs Yes Homeowners to identify areas where children Proposed signs shall Association play. Additional signs to be within private encourage residents to clean up property, shall not after their pets. block sight distance. Call Utilities Underground Location Center before digging. Total Meets objective of Grant Project Neighborhood Neighborhood Request Cost Project Description Program NEWSLETTER GRANTS Aster Park $36 N/A Annual costs for a"start up" Yes • Homeowners newsletter printed quarterly and Association distributed door-to-door. Earlington $440 N/A Annual costs for a newsletter Yes Neighborhood printed quarterly and distributed h:\ednsp\neighborhoods\community services committee\2008\issue paper-1st round grant applications 2008.doc Attachment 2008 Neighborhood Grant Projects Association door-to-door and by USPS. • Heritage $50 N/A Annual costs for a newsletter Yes Garden Estates printed and distributed by USPS Homeowners six times a year. Association Liberty Ridge $572 N/A Annual costs for a newsletter Yes Homeowners printed quarterly and distributed Association by USPS. Maureen $125 N/A Annual costs for a newsletter Yes Homeowners printed and distributed door-to- Association door twice a year. North Renton $915 N/A Annual costs for a newsletter Yes Neighborhood printed quarterly and distributed Association door-to-door and electronically. Renton Hill $433 N/A Annual costs for a newsletter Yes Neighborhood printed and distributed door-to- Association door twice a year. Rolling Hills $330 N/A Annual costs for a newsletter Yes Village printed and distributed door-to- Homeowners door and by USPS. • Association Summit Park $48 N/A Annual costs for a newsletter Yes Homeowners printed and distributed door-to- Association door twice a year. Victoria Park $248 N/A Annual costs for a newsletter Yes Homeowners printed quarterly and distributed Association by USPS. • h:\ednsp\neighborhoods\community services committee\2008\issue paper-1st round grant applications 2008.doc CITY OF RENTON COUNCIL AGENDA BILL f AI#: a • Submitting Data: For Agenda of: Dept/Div/Board.. CED/Planning April 7, 2008 Staff Contact Rebecca Lind (ext. 6588) Agenda Status Consent X Subject: Public Hearing.. Pre-Annexation Agreement Cedar River Lightfoot Inc Correspondence.. Ordinance Resolution Old Business Exhibits: New Business • Draft Agreement Study Sessions • Issue Paper Information Recommended Action: Approvals: Set a public hearing for April 21, 2008, to consider a Legal Dept....X... pre-annexation development agreement for Lennon Finance Dept.... Property (PID#222305-9004) Other Fiscal Impact: Expenditure Required... Transfer/Amendment... Amount Budgeted... Revenue Generated Total Project Budget N/A City Share Total Project. • SUMMARY OF ACTION: The property owner of a vacant 6-acre parcel (PID# 222305-9004) requested consideration of Residential Medium Density Land Use with R-14 zoning for his property as part of the 2007 Comprehensive Plan Amendments. The parcel is within the New Life - Aqua Barn Annexation. This request was approved by the City Council subject to a development agreement restricting development to no more than 45 dwelling units in the R-14 zone. This agreement facilitates development of the property consistent with the King County zoning to allow Phase 2 of the Molasses Creek Condominium project. Improvements are already completed to allow this parcel to be added to the existing condominium to its west, including stormwater and utility systems designed and constructed to serve the Phase 2 development. Without the development agreement, a maximum density of approximately 86 units might be feasible with project re-design. STAFF RECOMMENDATION: Authorize the Mayor to execute a development agreement with Cedar River Lightfoot Inc. restricting development of parcel PID# 222305-9004 to no more than 45 dwelling units in the R-14 zone. • Rentonnet/agnbill/ bh ��y DEPARTMENT OF COMMUNITY AND C) 0 ECONOMIC DEVELOPMENT + + �1•P' M E M O R A N D U M DATE: March 31, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor S.A1' FROM: Alex Pietsch, Administrator STAFF CONTACT: Rebecca Lind, Long Range Planning Manager (ext.6588) SUBJECT: Pre-Annexation Agreement Cedar River Lightfoot Inc DESCRIPTION: Rick Lennon,property owner of a vacant 6-acre parcel (PID#222305-9004), abutting the south side of the Renton—Maple Valley Highway(SR 169), requested Residential Medium Density(RMD) designation with Residential 14 (R-14) zoning, subject to a development agreement restricting development to no more than 45 dwelling units during • the 2007 Comprehensive Plan amendment review. The City Council approved this request in December 2007. The development agreement is now before the City for approval. RECOMMENDATION: • Future rezoning to R-14 should be conditional upon an approved development agreement restricting the total number of units on the 6-acre site to 45 condominium units that are architecturally compatible with the character of Phase 1 of the Molasses Creek Condominium development. • Authorize the Mayor to execute the proposed development agreement with Cedar River Lightfoot Inc. ANALYSIS: The current subject property(PID#222305-9005) is a six-acre parcel with a two-story, five-bedroom home built in 1911. This 6-acre parcel is part of the proposed 397-acre New Life—Aqua Barn annexation. The subject 6-acre site was already reviewed by King County as Phase 2 of the Molasses Creek Condominium development project, although it is not yet vested. According to the applicant, a number of improvements have already been completed to allow this 6-acre parcel to be added to the existing condominium project to its west. These include the stormwater control system of Phase 1 that was designed and constructed to serve both h:\ednsp\comp plan\amendments\2007\2007 map amendments\2007-m-03 maple valley hwy corridor\development agreement issue paper.doc Marcie Palmer,Council President Page 2 of 2 March 31,2008 Phase 1 and Phase 2. All utilities (water, sewer, etc.)have been designed and constructed • to serve Phase 2 and utility lines have already been extended to the western edge of PID# 222305-9004 to facilitate future connections. Phase 2 is planned and has been designed for approximately 45 units with a density comparable to that of Phase 1. Current zoning in King County allows a cluster form of multi-family and condominium development consistent with Renton's R-14 zone development standards. EXISTING AND PROPOSED COMREHENSIVE PLAN AND ZONING: The RMD Comprehensive Plan designation is intended to create the opportunity for neighborhoods that offer a variety of lot sizes, housing, and ownership options. RMD neighborhoods should include a variety of unit types designed to incorporate features from both single-family developments, support cost-efficient housing, facilitate infill development, and encourage use of transit service. COMPREHENSIVE PLAN COMPLIANCE: The recommended changes comply with the goals, objectives, and policies of the Comprehensive Plan as indicated in this analysis. ZONING CONCURRENCY: The proposed zoning of R-14 implements the RMD designation in the Comprehensive Plan. CONCLUSION • The proposed development agreement implements the rezoning of the parcel from King County to Renton's R-14 zone, consistent with the conditions of the Comprehensive Plan Amendment decision of the City Council in December 2007. • h:\ednsp\comp plan\amendments\2007\2007 map amendments\2007-m-03 maple valley hwy corridor\development agreement issue paper.doc • • PRE-ANNEXATION AGREEMENT CITY OF RENTON and CEDAR RIVER LIGHTFOOT, INC This PRE-ANNEXATION AGREEMENT is entered into this day of 2008, between the City of Renton, a Washington municipal corporation, ("City") and Cedar River Lightfoot, Inc., a Washington corporation, and Lennon Investments, Inc., a Washington corporation (collectively referred to as "Cedar River"): RECITALS A. Cedar River Lightfoot, Inc. and Lennon Investments Inc. own the following described property("the Property") as a joint venture: Parcel A of King County Boundary Line Adjustment No, L95L0113, recorded under King County Recording No. 9510179023, (being a portion of Government Lot 3 in the NE 1/4 of Section 22, Township 23 North, Range 5 East, records of King County, • Washington. B. The Property is approximately 6.07 acres in size and is immediately south of SE Renton Maple Valley Road (SR 169). C. The Property is currently located in unincorporated King County and is zoned R-6 by the County, a zoning which would permit development of the property with approximately 45 dwelling units as Phase 2 of the adjacent Molasses Creek Condominiums. The utilities serving the Property were designed and installed during construction of the first phase of the Molasses Creek Condominiums to serve the Property based on its development capacity pursuant to the County zoning. In addition, access from SR 169 to the Property has been limited to a common access shared with the first phase of the Molasses Creek Condominiums. D. The City of Renton is in the process of annexing the Property and other properties in the vicinity. E. The City of Renton does not have a zoning designation that is the equivalent of King County's R-6 zoning classification. F. The parties wish to enter into a pre-annexation agreement that will permit the development of the second phase of the Molasses Creek Condominiums at a density which is comparable to the density permitted by King County. 1111 PRE-ANNEXATION AGREEMENT- 1 AGREEMENT • NOW, THEREFORE, in consideration of the mutual benefits and duties set forth in this Agreement, the City of Renton, Cedar River Lightfoot, Inc. and Lennon Investments, Inc. agree as follows: 1. Agreement to Annex. Cedar River hereby consents to and agrees to support the annexation of the Property to the City of Renton. 2. Zoning of Property. The City of Renton agrees that, following annexation of the Property, the Property will be zoned R-14 pursuant to the terms and conditions of the Renton Development Regulations, Title IV of the Renton Municipal Code, subject to the following condition: The maximum number of dwelling units permitted on the Property shall be forty-five (45). 3. Parties and Authority. The signatories to this Agreement represent that they have the full authority of their respective entities to commit to all of the terms of this Agreement, to perform the obligations hereunder and to execute the same. A complete copy of this Agreement may be recorded and a copy kept at Renton City Hall and made available to anyone requesting review or a copy. 4. Voluntary Agreement. The Parties intend and acknowledge that this Agreement is a • voluntary contract binding upon the Parties hereto, as well as their successors and assigns. 5. Amendment of Agreement. This Agreement shall only be amended in writing, signed by all Parties to this initial Agreement and only after approval by the Renton City Council. 6. Successors and Assigns. The terms of this Agreement shall be binding upon and inure to the benefit of the successor and assigns of the Parties hereto. Dated as of the day and year first above written. CITY OF RENTON CEDAR RIVER LIGHTFOOT, INC. a Washington corporation. By By Title Title LENNON INVESTMENTS, INC. a Washington corporation. By •Title PRE-ANNEXA TION AGREEMENT-2 1 / • 1 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that is the of the City of Renton, a Washington municipal corporation, and is the person who appeared and acknowledged that he/she signed this instrument on behalf of such City, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the free and voluntary act of such City for the uses and purposes mentioned in this instrument. DATED: . Notary Seal (Print Name) Notary Public Residing at My appointment expires: 1 • STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that is the of Cedar River Lightfoot, Inc a Washington corporation, and is person who appeared and acknowledged that he signed this instrument on behalf of such corporation and company, on oath stated that he was authorized to execute the instrument and acknowledged it as the free and voluntary act of the corporation for the uses and purposes mentioned in this instrument. DATED: . Notary Seal (Print Name) Notary Public Residing at My appointment expires: IIISTATE OF WASHINGTON ) PRE-ANNEXATION AGREEMENT-3 ss. •COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that is the of Lennon Investments, Inc,a Washington corporation, and is person who appeared and acknowledged that he signed this instrument on behalf of such corporation and company, on oath stated that he was authorized to execute the instrument and acknowledged it as the free and voluntary act of the corporation for the uses and purposes mentioned in this instrument. DATED: Notary Seal (Print Name) Notary Public Residing at My appointment expires: 11111 Pre-Annexation Agreement-Molasses Creek Ph 2 Rev. 04-01-08 • PRE-ANNEXATION AGREEMENT-4 CITY OF RENTON COUNCIL AGENDA BILL 7 ` AI#: / i . Iiii Submitting Data: For Agenda of: April 7, 2008 Dept/Div/Board: Community Services/Facilities Staff Contact: Peter Renner, Facilities Director Agenda Status Ext. 6605 Consent X • Subject: Public Hearing. Lease Amendment with LSI Logic Corporation Correspondence. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Lease Amendment Information Recommended Action: Approvals: Refer to Finance Committee Legal Dept x.... Finance Dept.x... Other Fiscal Impact: 4ii Expenditure Required... $2627.19 Transfer/Amendment Amount Budgeted Revenue Generated Up to an additional $105,087.48 over the one-year life of the amended lease Total Project Budget City Share Total Project SUMMARY OF ACTION: LSI Logic Corporation, previously doing business as Engenio Information Technologies, Inc., a tenant on the third floor of the 200 Mill Building, requested an amendment to their original lease, which ends April 30, 2008. The amendment would extend the lease for an additional year with the right of termination after the first four months. The business terms of the proposed Lease Amendment have been favorably reviewed by our real estate team and by City staff. Business terms also include a brokerage fee of 2.5% to our Property Manager, GVA Kidder Matthews, for a total of$2,627.19. This cost will be paid from the Leased City Properties Fund. STAFF RECOMMENDATION: Approve an extension of the Lease with LSI Logic Corporation for the third floor of the 200 Mill Building and authorize the Mayor and City Clerk to sign the amendment. III H:\Peter Renner\Peter Renner 2008\AgBillLSILogic0308.doc 3/21/2008 8:53:50 AM ti�Y DD COMMUNITY SERVICES DEPARTMENT • •. se'P' o MEMORANDUM DATE: March 20, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: 3-311 Denis Law, Mayo% 50 FROM: Terry Higashiyama, Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext. #6605 SUBJECT: Lease Amendment with LSI Logic Corporation Issue: Should the Council authorize the Mayor and the City Clerk to sign a Lease Amendment with LSI Logic Corporation for space on the third floor of the 200 Mill Building? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease Amendment. Background: • LSI Logic Systems, formerly Engenio Information Technologies, Inc., and then doing business as Syntax Systems Inc., signed an original five-year lease with the City for the full third floor of the 200 Mill Building(6,005 rentable square feet) in April 2000. The lease was structured as a full-service lease, with the City providing all utilities, custodial and janitorial services, and property insurance inclusive in the rent. • In 2005, their exact business unit plans being unknown, Engenio requested an amendment to the lease to extend the original lease agreement for a one-year period,with a right of early termination after six months. • In 2006 and again in 2007, that process was repeated. LSI Logic Corporation is now requesting another amendment with very similar terms and conditions. • The business points of the proposed amended lease are as follows: o Rent will continue at its current amount of$8,757.29 per month. o The lease rate is $17.50 per square foot. This rate is slightly above current market rates in this area, but consistent with such a short-term agreement. o The brokerage fee of$2,627.19 would be payable from the Leased City Properties Fund 108. o In the event of early termination, GVA Kidder Matthews will repay the unamortized portion of the brokerage fee. o To allow more flexibility for the City in case the space needs to be • recaptured quickly, this amendment allows for a 120-day notice of lease Page 2 of 2 March 20,2008 termination anytime after the first four months. It was previously set at 111 anytime after the first six months. o There are no other new lease concessions or conditions. Conclusion: Cooperatively extending LSI's lease term for up to a one-year period meets their business needs and provides the City with continuing cash flow. The one-year term also provides the necessary planning flexibility for future City use of the property. cc: Jay Covington,Chief Administrative Officer Michael Bailey,Finance&IS Administrator Larry Warren,City Attorney • • H:\Peter Renner\Peter Renner 2008\InfoPaperLSJAmend0308.doc 3/21/2008 9:31:37 AM _ ����k ����� S ����»���N� `�~ 4/13/2007I Effective rate-$22 range. Slightly higher 1 LeaseRFII quality property. $7.50 Lease Commission I Company iv t paid,and$slWTi ! w m�w $15.73 effectivlease rate with 2 months Free 4/13/2007Clapp/Bill f Office! WTCTPI,LLC Technical /I -'``-"`' ' - 2 months free in first year. Over three yeaterm,effective is around$17.95 psf. Brian RREEF America REIT III $13.44p-s-f;NmN;4 Nicer building profile-with 4 months free 4/20/2007 | Lease i Clapp/Richard mmuo\�muvr Tumw|a 6,153.00 momho�oe;1.o�a, first year��=�$14.cop�. Over term, ' ' Davidson / | __�����/�on upVonmrenew aff,mivon�oinjust over$co.onpnf. --------------- Richard -- | - 1 > ---- _option Lease Davidson/Brian O�oeiLos�� Triton Towers 555 S.Renton\m|aoe� 'Ronmn' 5,615.00 $148»��NNm;1'*| New�u»«.i»«m«esT|expense-muoh� One � yea,nptimn ' $1500psf. Effective$z1.uopo-lease. . _ Clapp / | __ Brian | | _ ____' -- - ____r__ —`Clapp/Richard | I Higher quality office space,effective rate Gateway /--- ' Davidson/Thad RnEEpAmanoaRBTn -1xwznmtemmmnAvonue $2a�1u�� Deal mdudooT|and»u��em��w Both Tuhw|a 3,900.00 $18.12�twwN Mallory/A1 ' hmxe�Oemm($7.sop�for b�ke�plus Robertson/Matt I $10.00 TI. Haier -�—Brian_— -----' -------' onCpRi«*wmwp|aza Christensen Road | Newer pmpenv. $15.00 TI, .and*7ao 12/14/2007 Lease Clapp/Richard !Office Lessee � Tukwila! $uo�7op»Vy'; FSLuc [ omkorogoFoe�_ __ Davidson / } / *»�4«po�y�wNN�» Closer mmmoo�a,o»uu"elease. Not agreat o/1/z000 Lease (Peter voodingO�oe/Lessee/ Park 1a4Aosuoiate» | Park 1»4 18437Evuoeymn»wuy � m,nt ! n'oo4�no|| \ ! ( ! i 1/2 rent comp. . . • 1 of 1 i s3a FOURTH AMT NDEMENT TO LEASE This Fourth Amendment to Lease(the"Fourth Amendment")is entered into as of this OA day of March 2008 by and between The City of Renton,Washington,a Washington municipal corporation("Landlord") and LSI Corporation(successor to Eugenio Information Technologies,Inc.),a Delaware corporation ("Tenant"),with reference to the following recitals. A. On or about April 5,2000 The City of Renton,Washington,a Washington municipal corporation("Landlord")and Tenant(f/k/a Syntax Systems Inc.,a Washington corporation)entered into an Office Lease(the"Original Lease")for that certain premises commonly know as Suite 300(the Original Premises")located on the third floor . of the 200 Mill Avenue South,Renton,Washington(the"Building"). The Lease was Amended by the First Amendment to Lease dated March 30,2005,and Second -th Amendment to Lease dated on or about April 15th,,2006;and Third Amendment to Lease dated on or about February 2007,in each case entered into with Engenio Information 'Technologies,Inc.(at each such time,successor to Tenant and currently predecessor to Tenant). The Original Lease, and the First,Second and Third Amendments are hereinafter referred to as the"Lease". Pursuant to the Lease,Tenant now leases Suite 300 comprising approximately 6,005 rentable square feet in the Building(the "Premisess"). B. Tenant and Landlord hereby agree to extend the Term of the Original Lease,confirm an ongoing option for either party to effect an early termination of the Lease,and define the Minimum Monthly Rent defined in Article 1 (i)of the Original Lease. C. Landlord and Tenant wish to amend the Lease on the Lease on the terms and conditions • set forth below. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. "Extension of Lease Term". Effective upon full execution of this Fourth Amendment to Lease,the Term of the lease shall be extended by twelve months from May 1,2008 to April 30,2009(the"Extended Term"). The Expiration Date shall be April 30,2009. 2. "Minimum Monthly Rent". Effective May 1,2008,the Minimum Monthly Rent shall be$8,757.29 per month,payable in accordance with Article 5 of the Original Lease. Tenant shall continue to pay the scheduled Minimum Monthly Rent through April 30, 2008. Period Monthly Amount May 1,,2008—April 30,2009 $8,757.29 per month 3. "Termination Option'. Notwithstanding anything to the contrary contained in this Fourth Amendment,either Landlord or Tenant shall have the right to terminate the Lease after the 4th month of the Extended Term(i.e,after 8/31/07)by providing the other party at least four months(120 days)advance written notice of lease termination. In the event Tenant elects to effect this early termination,Tenant shall pay to Landlord a Termination Payment equal to the nnamortized cost of brokerage fees related to this transaction, amortized at eight percent(8%)over the'12 month term, at the time notice of termination is provided to Landlord. For example,if Tenant provides written notice to terminate the lease,and the Termination payment on July 20,2008,the Lease shall terminate at the conclusion of four months following such notice,months and any partial month.(in this 1,24 n 1 • case,November 30,2008— part of the month of July,August,September,October and November 2008)),after notice of termination is submitted and received by Landlord. If Landlord elects to effect an early termination of the Lease,there shall be no Termination Payment from Tenant. In the event notice is not received,the lease shall remain in full force and effect thronah the Expiration Date,April 30,2009. Landlord and Tenant may alternatively negotiate a partial recovery of the Premises during the Lease term. In such event,Landlord and Tenant shall execute a new lease Amendment to identify the specific terms of such surrender,including a reduction in Rent,mutually agreed upon space plan, and related construction work,if applicable. 4. "Improvements." Tenant hereby accepts the Premises on an"as is,where is"basis with no obligation of Landlord to provide any tenant improvements to the Premises. 5. "Notices". All notices pursuant to the Lease for Tenant,effective May 1,2008 shall be sent to the following address: LSI Corporation,a Delaware corporation, 1621 Barber Lane,M/S AD249,Milpitas,CA 95035,Attn:Director,Worldwide Facilities. 6. "Conflict." If there is a conflict between the terms and conditions of this Fourth Amendment and the terms and conditions of the Lease,the terms and-conditions of this Fourth Amendment shall control. Except as modified by this Fourth Amendment,the terms and conditions of the Lease shall remain in full force and effect. Capitalized teuus included in this Fourth Amendment shall have the same meaning as capitalized terms in the Original Lease unless otherwise defined herein. "- "Authority". The persons executing this Fourth Amendment on behalf of the parties hereto represent and warrant that they have the authority to execute this Fourth Amendment on behalf of said parties and that said parties have the authority to enter into this Fourth Amendment. 9. "Brokers." Landlord and Tenant acknowledge that GVA Kidder Mathews represented the Landlord is this transaction and any brokerage fees to be paid to such Broker shall be paid by Landlord. There are no other brokers party to this transaction. 111 O 1 • IN WITNESS WHEREOF,the parties hereby execute this Fourth Amendment as of the date first written above. LANDLORD The City of Renton,Washington,a Washington 1 municipal corporation By: 1 Its: 1 11ENANT LSI Corporation.;a Delaware corporation 1 1 By: t P ,A J # 1 1) Its: V I t.e_ r rC' 't CI By: / Its: 11111 { 1 - STATE OF )ss. COUNTY OF { On ,20_, before me, a Notary Public in and for the State of Washington,personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the, within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), • and that by his/her/their Signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument: Witness my hand and official seal. 1 . Notary Public in and for said State • STATE OF-7-1-11-41444-04z.41.4) 1 . ss. COUNTY OF .„A I certify that I know or have satisfactory evidence that )V 7 169is - the person who appeared before me on /fl,r, eiii 5 2069,e , and said person acknowledged that he/she signed this instrument on oath stated that he/she was authorized to execute the instrument,and acknowledged it as the (title) i/, /��7r!i of (entity) .C-S z .�/ePf>/� i�a�V a l `f ieFt) / -"i Ti to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. • Witness my hand and official seal this day of ,� ?0 49g. • - t� Notary' Public (Print NarneV Residing at My Commission Ex-�1 �3�'� e a 7,1 71 r STATE OF ) JOANNE S.LABENDOLA,NOTARY PUNIC )ss. - ITANOVEit 1W?,Lailati COUNTY COUNTY OF ) • COMMISSION EXHRES AUG 15, 1/ I certify that I know or have satisfactory evidence that is the person who appeared before me on 20 , and said person acknowledged that he/she _ signed this instrument, on oathstated that he/she was authorized to execute the instrument,and acknowledged it as the -title - (entity)- = — — ------,-----a-- to --- — to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Witness my hand and official seal this day of • - 20 Notary Public • (Print Name) Residing at • My Commission Expires: • 4111 . f CITY OF RENTON COUNCIL AGENDA BILL Al#: 7 k e • Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department April 7, 2008 Staff Contact Michael E Bailey, Administrator Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Reimbursement Resolution for the Parks Maintenance Ordinance Project Resolution X Old Business Exhibits: New Business Study Sessions Issue Paper Information Resolution • Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other Fiscal Impact: iiExpenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Work on the Parks Maintenance Shop Project will begin shortly. It is possible that debt financing will be utilized by issuance of tax-exempt Bonds or other obligations. The proposed Resolution enables the City to make capital expenditures on these projects in anticipation of expenditure reimbursement from the proceeds of the Bonds. STAFF RECOMMENDATION: Authorize capital expenditures on Maintenance Shop Project prior to completion of potential debt financing, and adopt the related Resolution. III H:\FINANCE\ADMINSUP\01_AgendaBills\2008_Reimbursement Resolution_Bonds_maintenance faci]ity.doc 0 ti` Ysf FINANCE AND a ® , INFORMATION SERVICES DEPARTMENT • , Nry0 MEMORANDUM DATE: March 19, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: --36"f31 1, Denis Law, Mayorzr FROM: Michael Bailey, FIS Administrato SUBJECT: Reimbursement Authority from Bond Proceeds ISSUE Should the City adopt a resolution permitting the reimbursement of capital expenditures from bond proceeds for City projects? RECOMMENDATION Adopt the resolution authorizing the City to reimburse the capital accounts with proceeds from the bond sale for the proposed projects. " BACKGROUND SUMMARY Staff and the City Council have discussed the potential for the use of municipal bonds to finance costs of some capital projects. It is anticipated that a workshop will explore these options in more depth later this spring. Currently, work is beginning on a maintenance facility as provided for in the 2008 Capital Improvement Plan. In order for any part of this maintenance facility to be funded through municipaladopted bonds we would need to have ado ted what is known as a"reimbursement resolution." This resolution creates the possibilitythat bonds could be used and does not obligate the issuance of bonds. g IRS regulations require the issuer of municipal bonds to authorize the reimbursement of project costs incurred prior to the sale date of the bonds with a"reimbursement resolution" in the form of the proposed resolution. CONCLUSION If the City desires to be able to use bonds to reimburse itself for expenditures related to the development of this facility, including the purchase of the land, it needs to have adopted a resolution stating this intent. II MEB/myr cc: Jay Covington,CAO Marty Wine,Assistant CAO Linda Parks,Fiscal Services Director Bonnie Walton,City Clerk • h:\finance\adminsup\02_issuepapers_memos to council or mayor\2008_bond issue reimbursement resolution_maintenance facility.doc CITY OF RENTON, WASHINGTON • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON APPROVING CERTAIN EXPENDITURES FOR REIMBURSEMENT FROM THE PROCEEDS OF DEBT TO BE ISSUED IN THE FUTURE. WHEREAS, the City anticipates constructing large capital projects for the purpose of maintaining its ability to provide needed utility services; and WHEREAS, the City may issue municipal bonds to provide funds for these capital projects (hereinafter, "Reimbursement Bonds"); and WHEREAS, some expenses on the projects will be incurred by the City prior to the issuance of said bonds; and WHEREAS, federal law requires that the City declare its intent to reimburse its expenses from the planned sale of bonds. • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DOES HEREBY RESOLVE: SECTION I. The above findings are true and correct in all respects. SECTION II. The City of Renton, Washington (the "City") may reimburse the expenditures described herein with the proceeds of debt to be incurred by the City (the "Reimbursement Bonds"). SECTION III. The expenditures with respect to which the City reasonably expects to be reimbursed from the proceeds of Reimbursement Bonds are for the acquisition, construction and equipping the New Maintenance Facility as described in the 2008 Capital Improvement Plan in the approximate amount of$12.5 million. • 1 RESOLUTION NO. SECTION IV. The maximum principal amount of debt obligations expected to be Illissued for the project described in Section III is $12.5 million. The expenditures to be reimbursed from bond proceeds will be made from the City's Capital Funds. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: • Lawrence J. Warren, it C y Attorney RES:1333:04/03/08:scr • 2 CITY OF RENTON COUNCIL AGENDA BILL `" � • I AI#: /,/s 1 Submitting Data: For Agenda of: Dept/Div/Board.. Fire and Emergency Services April 7, 2008 Department/Emergency Management Staff Contact Emergency Management Director Agenda Status Deborah Needham Consent X Subject: Public Hearing.. Acceptance of the Washington State Military Correspondence.. Department contract # E08-825 providing Ordinance reimbursement for expenses incurred in the December Resolution 1-8, 2007 storms Old Business Exhibits: New Business X Issue Paper Study Sessions Contract Information Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other Risk Management Fiscal Impact: 7 Expenditure Required... n/a Transfer/Amendment Amount Budgeted n/a Revenue Generated Approximately $86,0000.00 or more Total Project Budget n/a City Share Total Project.. n/a SUMMARY OF ACTION: The City has qualified for a Washington State Public Assistance Grant to receive up to 75% of eligible non-insurance covered damages sustained by the City during the storm period of December 1' - 8th, 2007. The grant is through the Washington State Military Department of Emergency Management Division. The estimated eligible expenses are in excess of$115,000.00. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Washington State Military Department Public Assistance Grant Agreement E08-825. III • �Y � O‘et FIRE and EMERGENCY SERVICES DEPARTMENT -cvISJ MEMORANDUM DATE: April 1, 2008 TO: Marcie Palmer, Council President Members of the City Council VIA: j- Denis Law, Mayor TJr' FROM: I. David Daniels, Fire Chief enc /Enver Services Administrato Chief/Emergency STAFF CONTACT: Deborah Needham, Emergency Management Director SUBJECT: Washington State Military Department Contract for Reimbursement for December 1-8, 2007 storms Issue Washington State has prepared a contract for State Grant E08-825, relaying FEMA reimbursement to the City. The contract requires the Mayor's signature to accept • reimbursement for disaster expenses incurred during the storm period of December 1-8, 2008 storm. Background The disaster application process with the State has been completed. Depending upon the share which the State will assume, the City of Renton will receive approximately $86,000.00 - $101,000.00 in reimbursements if approved. The contract for the Public Assistance Grant will govern all eligible projects. RECOMMENDATION Staff recommends that the City of Renton Council concur to accept the contract for Grant E08-825 with the State, and authorize the Mayor to sign the contract on behalf of the City of Renton. • Washington State Military Department PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET 1. Applicant Name and Address: 2. Total Project Amount: 3. Grant Number: City of Renton To be determined, basedupon I 5 • ;.�iy I,y`y u E08-825 • vV c-� approved project worksheets 4. Applicant Agent, phone number: 5. Grant Start Date: 6. Grant End Date: December 1,2007 December 8,2011 c 1i !\I?zc;iz:,.vet 42s- -Y 30 70.27 7. MD Program Manager/phone number: 8. State Business License#: 9. UBI#(state revenue): Donna J.Voss, (253) 512-7402 n/a / 7 7 wc,c) 10. Funding Authority: Washington State Military Department(the"Department"), and Federal Emergency Management Agency (FEMA) 11. Funding Source Agreement#: 12. Program Index# 13. Catalog of Federal Domestic Asst. (CFDA)# 14. TIN or SSN: FEMA 1734-DR-WA 784WC/784WD/ &Title: 97.036, Public Assistance 91- f. G N271 782W 15. Service Districts: ¶ r / , '33 , -3/, 16. Service Area by County(ies): 17. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): '/1)y 7 th �{ ` CountyCertified?: X N/A 0 NO (BY CONGRESSIONAL DISTRICT):'? yth o YES,OMWBE# 18. Grant Agreement Classification: 19. Document Type(check all that apply): o Personal Services 0 Client Services X Public/Local Gov't 0 Contract X Grant X Agreement o Collaborative Research o NE 0 Other o Intergovernmental o Interagency 20. Applicant Selection Process: 21. Applicant Type(check all that apply) X "To all who apply&qualify" 0 Competitive Bidding o Private Organization/Individual 0 For-Profit o Sole Source o NE RCW o N/A X Public Organization/Jurisdiction X Non-Profit o Advertised? o YES o NO o VENDOR 0 SUBRECIPIENT X OTHER 22. BRIEF DESCRIPTION: Presidential Disaster Declaration # FEMA-1734-DR-WA: To provide funds to the Applicant for the repair or restoration of damaged public facilities as approved by the Federal Emergency Management Agency in project worksheets describing eligible scopes of work and associated funding, which are incorporated herein by t • reference. IN WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this Grant Agreement, exhibits, references and attachments hereto and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet, Special Terms and Conditions, General Terms and Conditions, Federal and State Requirements and Assurances, and any other attachments or references govern the rights and obligations of both parties to this Grant agreement. In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 2. Statement of Work and/or Project Description as outlined in FEMA approved Project Worksheet(s) 3. Special Terms and Conditions 4. General Terms and Conditions, and, 5. Other provisions of the contract incorporated by reference. This Grant Agreement, including all attachments, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE APPLICANT: Signature Date Signature Date James M. Mullen, Director Emergency Management Division print or type name: Washington State Military Department APPROVED AS TO FORM: APPROVED AS TO FORM: • Spencer W. Daniels (signature on file) 12/22/2006 Assistant Attorney General Applicant's Legal Review Date Form 10/27/00 kdb Public Assistance Grant Agreement-12/07 Page 1 of 15 City of Renton E08-825 SPECIAL TERMS AND CONDITIONS ARTICLE I —COMPENSATION SCHEDULE 1. FUNDING The DEPARTMENT will administer the Public Assistance Grant Program and reimburse any eligible Publi • c Assistance costs to the APPLICANT that are identified under the auspices of Presidential Emergency Declaration Number FEMA 1734-DR-WA. It is understood that no final dollar figure is committed to at the time that this agreement is executed, but that financial commitments will be made by amendments to the project application as Project Worksheets are completed in the field and projects are authorized by state and federal officials. See Attachment#1-Project Worksheet sample. Pursuant to the FEMA-STATE AGREEMENT, the Federal Emergency Management Agency will contribute 75 percent of the eligible costs for any eligible project and 100 percent of the administrative costs, as provided for in subsection 3.E. of Article I. The APPLICANT will commit to the remaining 25 percent non-federal match to any eligible project that has been identified under the Presidential Disaster Declaration number FEMA 1734-DR-WA, subject to the following exception: A. The preparation of Biological Assessments and completion of environmental reviews under the National Environmental Policy Act are the legal responsibility of the Federal Emergency Management Agency. Should the APPLICANT choose to prepare a Biological Assessment or other federally required environmental documents for FEMA as part of their projects, the reimbursement is limited to the federal share of 75erce p nt. The full 25 percent non-federal share of the eligible costs is the responsibility of the APPLICANT. B. Donated Resources: Under FEMA Policy 9525.2 Donated Resources, FEMA will credit an APPLICANT for volunteer labor, donated equipment, and donated materials used in the performance of eligible g e emergency work categories A and B, which will be referred ge erred to as Donated Resources. Donated resources are recognized by FEMA in a Project Worksheet. Donated resources offset the non-federal share of the eligible emergency work approved in Project Worksheets. For non-state agency applicants, the donated resource value will first be applied to the APPLICANT's non-federal share. Any remainingdonated resource value will be applied to the DEPARTMENT's share. For state agencies, if the value e of the Donated III Resources does not equal or exceed the non-federal share of the eligible emergency ency work, then the DEPARTMENT will commit the difference. If the federal share of the Donated Resources exceeds the non-federal share of all the eligible emergency work project worksheets, the excess will have no value. It cannot be transferred to another eligible APPLICANT or be applied 9 pp d to the non-federal share of eligible permanent work. See Attachment#1 — Project Worksheet sample. 2. GRANT AGREEMENT PERIOD Activities payable under this contract and to be performed by the APPLICANT under this agreementreementshall be those activities which occurred during or subsequent the incident period defined in the FEMA-State Agreement, and shall terminate upon completion of the project(s) approved by federal and state officials, including completion of close-out and audit. This period shall be referred to as the "Grant Agreement Period." 3. PAYMENTS The DEPARTMENT, using funds granted for the purposes of the Presidential Disaster Declaration from FEMA, shall issue payments to the APPLICANT in compliance with the Washington State Public Assistance Applicant Manual procedures as follows: A. Small Project Payments: Payments are made for all small projects to the APPLICANT upon submission and approval of an A19-1A State of Washington Invoice Voucher to the DEPARTMENT, after FEMA has approved funding through approval of Project Worksheets. B. Progress Payments: Progress payment of funds for costs already incurred on large projects minus 10 percent retainage may be made to the APPLICANT upon submission by the IIIAPPLICANT of an A19-1A State of Washington Invoice Voucher, a letter of request, and a spreadsheet identifying the claimed costs supporting the payment request and approval by the DEPARTMENT. Public Assistance Grant Agreement-12/07 Page 2 of 15 City of Renton E08-825 C. Improved Projects: Payments on improved projects will be pro-rated based upon the ` percentage of the project that is funded under this disaster grant to the overall project cost. This percentage will be identified when the first payment on the improved project is made. Progress payments will be made as outlined above in Section B. D. Final Payment: Final Payment on a large project will be made following submission by th APPLICANT of a certification of completion on the STATEMENT OF DOCUMENTATION/FIN INSPECTION REPORT form upon completion of project(s), completion of all final inspections b the DEPARTMENT, and final approval by FEMA. Final payment on a large project will include any retainage withheld during progress payments. Final payments may also be conditional upon financial review, if determined necessary by the DEPARTMENT or FEMA. Adjustments to the final payment may be made following any audits conducted by the Washington State Auditor's Office, the United States Inspector General or other federal or state agency. E. The APPLICANT is eligible to receive federal administrative funding, upon completion and closure of the disaster grant, for the costs of requesting, obtaining and administering the disaster assistance grant based upon the following percentage of total eligible costs: • For the first $100,000 of eligible costs, three percent of such costs; • For the next $900,000, two percent of such costs; • For the next $4,000,000, one percent of such costs; and • For those costs over$5,000,000, one-half percent of such costs. F. All payment requests shall be made on an A19-1A form, State of Washington, Invoice Voucher. Payments will be made by electronic fund transfer to the APPLICANT's account. G. Funding shall not exceed the total federal contribution eligible for Public Assistance costs under Presidential Disaster Declaration number FEMA 1734-DR-WA. H. For state agencies, the DEPARTMENT will, through interagency reimbursement procedures, transfer payment to the APPLICANT. Payment will be transferred by journal voucher to Agency No. , Accounting Fund No. ARTICLE II — DOCUMENTATION The APPLICANT is required to retain all documentation which adequately identifies the source and applicatio of Public Assistance funds, including the administrative allowance, for six years following the closure of thin/ disaster grant. For all projects and administrative allowance, documentation includes adequate accounting of actual costs and recoveries incurred. ARTICLE III - QUARTERLY REPORTS The APPLICANT is required to submit to the DEPARTMENT a quarterly report indicating the status of all their large projects. The status shall identify the costs incurred to date, the percentage of work completed, the anticipated completion date of the project and whether cost under runs or over runs are expected. In addition, the APPLICANT should note in the comment field any challenges or issues associated with the project. Failure to submit a complete quarterly report within 15 days following the end of the quarter will result in suspension of all payments to the APPLICANT until a complete quarterly report is received by the DEPARTMENT. ARTICLE IV—TIME EXTENSIONS A time extension request is required to be forwarded to the DEPARTMENT by the APPLICANT for a project prior to the expiration of the approved completion date. If the project is approved and funded after the statutory approval time period for completion, then a time extension request must be submitted to the DEPARTMENT within fifteen days of receipt of the funding package. A time extension request must be in writing and identify the project worksheet number, the reason the project has not been completed within the prior approved completion period, a current status of the completion of the work, a detailed timeline for completion of the remaining elements, and an anticipated completion date for the completion of the remaining work. Failure to submit a time extension request on a timely basis, will result in denial of the time extension and loss of funding for the related project. ARTICLE V - CLOSE-OUT • To initiate close-out, the APPLICANT is required to certify in writing, by Project Worksheet Number, date completed and total amount expended on the project, completion of the small projects. To initiate close-out of Public Assistance Grant Agreement-12/07 Page 3 of 15 City of Renton E08-825 ' the large projects, the APPLICANT shall submit certification of completion on a STATEMENT OF DOCUMENTATION/FINAL INSPECTION REPORT form to the DEPARTMENT. The DEPARTMENT will then complete a site inspection and a financial review of documentation to support the claimed costs. Certifications on small and large projects are due within sixty days following the completion of the project or receipt of the approved Project Worksheet, whichever date is later. Sfter all of the projects have been certified as complete and approved for closure by FEMA, the EPARTMENT will forward a final A19-1A State of Washington Invoice Voucher to the APPLICANT for release of the remaining funds due to the applicant for eligible costs, including the administrative allowance and any retainage previously withheld. ARTICLE VI — KEY PERSONNEL The individuals listed below shall be considered key personnel and point of contact. Any substitution by either party must be submitted in writing. APPLICANT: DEPARTMENT: Name: Do.-e,h iv e{7cl(►a Staff name: Donna Voss Title: tanner erwr (Man r,,,&AIL D,:- i Title: Deputy State Coordinating Officer Public Assistance E-mail address: cinee_ahA a E-Mail: d.voss@emd.wa.gov Phone Number: f z 5 - v 347 >6 7 Phone Number: (253) 512-7402 ARTICLE VII -ADMINISTRATIVE REQUIREMENTS A. The APPLICANT shall comply with the following OMB Circulars as applicable to their organization: • Cost Principles o OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments. OMB Circular A-87 and program regulations will be used to determine costs for nonprofit hospitals funded under FEMA grants. o OMB Circular A-21, Educational Institutions o OMB Circular A-122, Non-Profit Organizations • Administrative Requirements o OMB A-102, Grants and Cooperative Agreements with State and Local Governments o OMB A-110 Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations • Audit Requirements o OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations B. The APPLICANT will comply with the federal regulations in 44 CFR Parts 13, 14, 17, 18, and 206, and the state requirements in the Washington State Public Assistance Applicant Manual, dated December 2007. C. Federal funding is provided by the Federal Emergency Management Agency (FEMA) and is administered by the DEPARTMENT. Under the authority of Presidential Disaster Declaration number FEMA 1734-DR-WA, the DEPARTMENT is reimbursing the APPLICANT for those eligible costs and activities necessary under the Public Assistance Grant Program during the incident period of December 1, 2007 and continuing. Eligible costs and activities will be identified in Project Worksheets approved by FEMA. • Public Assistance Grant Agreement-12/07 Page 4 of 15 City of Renton E08-825 Exhibit A Washington State Military Department GENERAL TERMS AND CONDITIONS Assistance Grants A.1 DEFINITIONS As used throughout this Grant Agreement, the following terms shall have the meaning set forth below:IP a. "Department" shall mean the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Applicant" shall mean a state agency, local government, tribal government, special purpose district, or an eligible private nonprofit organization submitting an application to the Governor's Authorized Representative for disaster recovery assistance. c. "Applicant Agent" shall mean the official representative and alternate designated or appointed by the Applicant and authorized to make decisions on behalf of the Applicant. d. "Grantee" shall mean the government to which a grant is awarded and which is accountable for the use of the funds provided. The Grantee is an entire legal entity even if only a particular component of the entity is designated in the grant award document. For the purpose of this agreement, the state is the Grantee. The Grantee and the DEPARTMENT are one and the same. e. "Monitoring Activities" shall mean all administrative, construction or financial review activities that are conducted to ensure compliance with all state and federal rules, authorities or policies. d. "Subgrantee" shall mean the government or other legal entity to which a subgrant is awarded and which is accountable to the Grantee for the use of the funds provided. The Subgrantee and Applicant are one and the same. e. "Project" shall mean the action(s) that is being funded through the Public Assistance Program. Projects may include one or more of the following: reimbursement of costs for emergency response, debris removal and/or repair or restoration of damaged public facilities. Projects are defined as those actions described in an approved Project Worksheet. A project may be a small, large, improved, or alternate project. • f. "PL"—is defined and used herein to mean the Public Law. g. "CFR"— is defined and used herein to mean the Code of Federal Regulations. h. "OMB"— is defined and used herein to mean the Office of Management and Budget. i. "WAC"—is defined and used herein to mean the Washington Administrative Code. j. "RCW"—is defined and used herein to mean the Revised Code of Washington. A.2 RECORDS AND REPORTS a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the APPLICANT's contracts, contract administration, and payments, including all direct and indirect charges, and expenditures in the performance of this agreement. b. The APPLICANT's records related to this Grant Agreement and the projects funded hereunder may be inspected by the DEPARTMENT or the Director, or their designees, by designees of the Office of the State Auditor, the Federal Emergency Management Agency or their designees, or the Comptroller General of the United States or their designees or by other federal officials authorized by law, for the purposes of determining compliance by the APPLICANT with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the subject Grant Agreement. c. The records shall be made available by the APPLICANT together with suitable space for such inspection at any and all times during the APPLICANT's normal working day. d. The APPLICANT shall retain all records and allow access related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement. A.3 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved in advance by the Ill DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the Public Assistance Grant Agreement-12/07 Page 5 of 15 City of Renton E08-825 acceptance of any performance during such breach, shall not constitute a waiver of any right under this Grant Agreement. A.4 AMENDMENTS AND MODIFICATIONS The APPLICANT or the DEPARTMENT may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in • writing, by the DEPARTMENT and the APPLICANT. A.5 TERMINATION AND OTHER REMEDIES a. If, through any cause, the APPLICANT shall fail to fulfill in a timely and proper manner its obligations under this contract or if the APPLICANT shall violate any of its covenants, agreements, or stipulations of this contract, the DEPARTMENT shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the APPLICANT describing such default or violation. b. Notwithstanding any provisions of this contract, either party may terminate this contract by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. c. Reimbursement for APPLICANT services performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination shall be as the DEPARTMENT reasonably determines. d. The DEPARTMENT may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. A.6 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The APPLICANT and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (Public Law 94-163, 89 Statute 871), the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and • Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Disclosure (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21), Shoreline Management Act of 1972 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. A.7 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement. The APPLICANT, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the APPLICANT, its subcontractors, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. The APPLICANT further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT or the State of Washington or their authorized agents or employees; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT and the State of • Washington and their agents or employees, and (2) the APPLICANT, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the APPLICANT, or APPLICANT's agents or employees. Public Assistance Grant Agreement-12/07 Page 6 of 15 City of Renton E08-825 Insofar as the funding source, the Federal Emergency Management Agency (FEMA), is an agency of the federal government, the following shall apply: 44 CFR 206.9 Nonliability. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the federal government in carrying out the provisions of the Stafford Act. A.8 ACKNOWLEDGMENTS The APPLICANT shall include language which acknowledges the funding contribution of the DEPARTMENT and the Federal Emergency Management Agency (FEMA) to this project in any release or other publication developed or modified for, or referring to, the project. A.9 APPLICANT NOT EMPLOYEE The APPLICANT, and/or employees or agents performing under this agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The APPLICANT will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason hereof, nor will the APPLICANT make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the APPLICANT is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. A.10 NONDISCRIMINATION The APPLICANT shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, religion, national origin, residence, marital status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Grant Agreement. • A.11 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The APPLICANT is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Grant Agreement. The APPLICANT may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-03901. A.12 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The APPLICANT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.13 VENUE This Grant Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the state of Washington. Venue of any suit between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County, Washington. The APPLICANT, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.14 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed• with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the APPLICANT. The APPLICANT shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT Public Assistance Grant Agreement-12/07 Page 7 of 15 City of Renton E08-825 and the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.15 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Grant Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms • or conditions of the Grant Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Grant Agreement are declared severable. A.16 RECAPTURE PROVISION In the event the APPLICANT fails to expend funds in accordance with federal, state, or local law and/or the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following agreement termination. Repayment by the APPLICANT of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceeding to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees. A.17 RECOVERY OF FUNDS The APPLICANT is responsible for pursuing recovery of moneys paid under this Grant Agreement against any party or parties that might be liable, and further the APPLICANT will cooperate in a reasonable manner with the DEPARTMENT and the United States in efforts to recover expenditures under this Grant Agreement. The APPLICANT will pay to the Department the proportionate state and federal share of all funds recovered in excess of litigation. A.18 DUPLICATION OF BENEFITS The public assistance funds for which federal or state assistance is requested does not, or will not, duplicate benefits or funds received for the same loss from any other source. The APPLICANT will pursue full payment of eligible insurance benefits for properties covered in a project under this Grant Agreement. The APPLICANT will repay any government assistance that is duplicated by insurance proceeds. • The APPLICANT agrees to cooperate with FEMA and the DEPARTMENT in seeking recovery of funds that are expended in alleviating the damages and suffering caused by this major disaster against any party or parties whose intentional acts or omissions may have caused or contributed to the damage or hardship for which Federal assistance is provided pursuant to the Presidential declaration of this major disaster. The APPLICANT agrees to cooperate with FEMA and the DEPARTMENT, to seek recovery of all funds that are expended in alleviating the damages and suffering caused by this major disaster against any party or parties whose negligence or other tortuous conduct may have caused or contributed to the damage or hardship for which Federal assistance is provided pursuant to the Presidential declaration of this major disaster. FEMA will treat such amounts as duplicated benefits available to the APPLICANT in accordance with 42 U.S.C. §5155 and 44 C.F.R. 206. A.19 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.20 NOTICES The APPLICANT shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance. A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona • fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. Public Assistance Grant Agreement-12/07 Page 8 of 15 City of Renton E08-825 A.22 RESPONSIBILITY FOR PROJECT While the DEPARTMENT undertakes to assist the APPLICANT with the project by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the APPLICANT. The DEPARTMENT undertakes no responsibility to the APPLICANT, or to any third party, other than as is expressly set out in this Grant Agreement. The responsibility for the design development, construction, implementation, operation and maintenance of the project, as these phas are applicable to this project, is solely that of the APPLICANT, as is responsibility for any claim or sui of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the APPLICANT shall ensure that all Federal, State, and local permits and clearances are obtained, including FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders. The APPLICANT shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the APPLICANT in connection with the project. The APPLICANT shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. Pursuant to Sections 403 and 407 of the Stafford Act, 42 U.S.C. §§ 5170b & 5173, if debris removal is authorized, the APPLICANT agrees to indemnify and hold harmless the state of Washington and the United States of America for any claims arising from the removal of debris or wreckage for this disaster. The APPLICANT agrees that debris removal from public and private property will not occur until the landowner signs an unconditional authorization for the removal of debris. A.23 HAZARDOUS SUBSTANCES The APPLICANT shall inspect and investigate the proposed development/construction site for the presence of hazardous substances. The APPLICANT shall fully disclose to the DEPARTMENT the results of its inspection and investigation and all other knowledge the APPLICANT has as to the presence of any hazardous substances at the proposed development/construction project site. Th � APPLICANT will be responsible for any associated clean-up costs as a result of the inspections. "Hazardous Substances" are defined in RCW 70.105D.020 (7). A.24 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The APPLICANT represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the APPLICANT's performance under this Grant Agreement. The APPLICANT further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the APPLICANT to so comply. A.25 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY If federal funds are the basis for this contract, the APPLICANT certifies that the APPLICANT is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency. If requested by the DEPARTMENT, the APPLICANT shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the APPLICANT for this Agreement shall be incorporated into this Agreement by reference. Further, the APPLICANT agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs." A.26 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal APPLICANTS who expend financial assistance of $500,000 or more in federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in • accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal APPLICANTS that spend less than $500,000 a year in federal Public Assistance Grant Agreement-12/07 Page 9 of 15 City of Renton E08-825 • awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 available on the OMB Home Page at http://www.omb.gov and then select "Grants Management"followed by "Circulars". APPLICANTS required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. • All APPLICANTS have the responsibility to obtain an audit to meet the requirements in Circular No. A- 133. State and local governments must notify the State Auditor's Office to request an audit. Private non-profit APPLICANTS must contract with a CPA firm to perform the audit. Costs of the audit may be an allowable grant expenditure. The APPLICANT shall maintain records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients also maintain auditable records. The APPLICANT is responsible for any audit exceptions incurred by its own organization or that of its subrecipients. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The APPLICANT must respond to Department requests for information or corrective action concerning audit issues within 30 days of the date of request. The Department reserves the right to recover from the APPLICANT all disallowed costs resulting from the audit. Once the single audit has been completed, the APPLICANT must send a full copy of the audit to the Department and a letter stating there were no findings or if there were findings, the letter should provide a list of the findings. The APPLICANT must send the audit and the letter no later than nine (9) months after the end of the APPLICANT'S fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the APPLICANT must include a corrective action plan for any • audit findings and a copy of the management letter if one was received. The APPLICANT shall include the above audit requirements in any subcontracts. e 7 MONITORING The DEPARTMENT is responsible for monitoring grant activities to assure compliance with applicable Federal requirements and the requirements and special conditions of an approved project. The APPLICANT agrees to: a. Provide the DEPARTMENT with all documentation required to complete the evaluation of eligible costs, and provide additional documentation that the DEPARTMENT or FEMA may request as a result of any review or further evaluation of supporting financial documentation and/or reports. If requested documentation is not provided, the cost may be determined to be ineligible. The APPLICANT will assist in the preparation and writing of the Project Worksheets. b. Cooperate with and participate in any scheduled or unscheduled monitoring or evaluation activities conducted by the DEPARTMENT or FEMA that are pertinent to the intent of this contract or an approved project worksheet. c. Provide the DEPARTMENT with all documentation required to complete the evaluation of eligible costs, and provide additional documentation that the DEPARTMENT or FEMA may request as a result of a monitoring visit or evaluation of supporting financial documentation and/or reports. If requested documentation is not provided, all costs associated with the project worksheet may be determined to be ineligible. d. Submit a request for time extension not later than two weeks before a project's deadline. e. Maintain records and documentation that adequately identify and directly support a project's eligible costs to the approved project worksheet. Pro-rate or percentage costs are not eligible for reimbursement. f. Notify the DEPARTMENT and request and receive approval for an alternate project prior to • beginning construction. Failure to do so may jeopardize funding approval. g. Notify the DEPARTMENT and request and receive approval for an improved project prior to starting construction. Failure to do so may jeopardize funding approval. Public Assistance Grant Agreement-12/07 Page 10 of 15 City of Renton E08-825 h. Immediately notify the DEPARTMENT if hidden damages are discovered, a change order is required, or the scope of work changes in an approved project. Submit quarterly reports to the DEPARTMENT. j. Comply with all funding conditions of an approved project. k. Provide financial documentation to support requests for payments. I. Submit project completion certifications as required for small, large, alternate, or improve. projects. The DEPARTMENT agrees to: a. Provide technical assistance during all monitoring or evaluation activities. The DEPARTMENT will coordinate and schedule the meetings necessary to conduct and complete all monitoring and evaluation activities. b. Develop the APPLICANT's project worksheet(s) (PW) with FEMA and the APPLICANT's assistance based upon the eligible damages. c. Provide the APPLICANT with a copy of the approved project worksheet. d. Conduct site visits during a large project's construction. e. Regularly review the APPLICANT's financial documentation to ensure compliance with state and federal rules, authorities, and policies. f. Notify the APPLICANT when funding approval is received and issue payment per the process described in Article I, #3 — Payments of the Special Terms and Conditions. Large project final funding will include all costs determined to be eligible based upon the evaluation and review of the APPLICANT's financial documentation. g. Work with the APPLICANT to resolve any issues identified during the monitoring process. h. Review and respond appropriately to the APPLICANT's requests for time extensions and changes to an approved project. A.28 SUBCONTRACTING The APPLICANT shall use a competitive procurement process in the award of any contracts with contractors or subcontractors that are entered into under the original contract award. The procurement process followed shall be in accordance with Part 13 of 44 CFR, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments or with OMB Circular A-110. Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the APPLICANT. As required by Section 694 of the "Post-Katrina Emergency Management Reform Act" (P.L. 109-295), contracts or Agreements with private organizations, firms or individuals for debris clearance, distribution of supplies, reconstruction, and other major disaster assistance activities, shall be awarded to those organizations, firms and individuals residing or doing business primarily in the geographical area affected by the disaster, to the extent feasible and practicable. Such contracts or agreements with private organizations, firms, or individuals, not residing or doing business primarily in the geographical area affected by the declared disaster shall be justified in writing in the APPLICANT's contract file. Contracts in place prior to a declaration should be transitioned to such local organizations, firms or individuals unless the head of the APPLICANT organization determines that it is not feasible or practicable. This determination must be documented in the APPLICANT's contract file. The transition requirement should not be construed to require an APPLICANT to breach an existing contract. All subcontracting agreements entered into pursuant to this Grant Agreement shall incorporate this Agreement by reference. A.29 PUBLICITY The APPLICANT agrees to submit to the DEPARTMENT all advertising and publicity matters relating to this contract wherein the DEPARTMENT's name is mentioned or language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied. The APPLICANT agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT. The APPLICANT is free to copyright original work developed in the course of or under the agreement. FEMA reserves a royalty-free, nonexclusive, and• irrevocable right to reproduce, publish, or otherwise use and to authorize others to use the work for Government purposes. Publication resulting from work performed under this agreement shall include an Public Assistance Grant Agreement-12/07 Page 11 of 15 City of Renton E08-825 acknowledgement of FEMA financial support, by grant number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.30 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 USC 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. • The APPLICANT must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.31 NONASSIGNABILITY Neither this Grant Agreement, nor any claim arising under this agreement, shall be transferred or assigned by the APPLICANT. A.32 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the APPLICANT's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the DEPARTMENT. However, the parties acknowledge that the APPLICANT and the DEPARTMENT are subject to RCW 42.56, the state public records act. A.33 LIMITATION OF AUTHORITY—Authorized Signature Only the assigned Authorized Signature for the DEPARTMENT or the formally designated, by writing, Applicant Agent shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by the authorized person. Only the designated Applicant Agent or alternate will have the signature authority to sign payment requests, certification of project completion, time extension requests, requests for changes to project status (including improved or alternate project status), and Statements of Documentation for large projects. 41134 ASSURANCES The APPLICANT certifies that: a. They have the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal and non-state shares of the project cost) to ensure proper planning, management and completion of the project described in approved project worksheets. b. They will give the awarding agency, the Comptroller General of the United States and the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. c. They will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. They will record the federal interest in the title of real property in accordance with Federal Emergency Management Agency directives and will include a covenant in the title of real property acquired in whole e or in part with federal assistance funds to assure non-discrimination during the useful life of the project. d. They will comply with the requirements of the DEPARTMENT and the Federal Emergency Management Agency with regard to the drafting, review and approval of construction plans and specifications, and awarding of construction contracts. e. They will provide and maintain competent and adequate engineering supervision at construction sites to ensure that the completed work conforms to the approved plans and specifications and will furnish progress reports and such other information as may be required by either FEMA or the DEPARTMENT. • f. They will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Public Assistance Grant Agreement-12/07 Page 12 of 15 City of Renton E08-825 g. They will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. h. They will comply with the Intergovernmental Personnel Act of 1970 (42 USC §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). i. They will comply with all state and federal statutes relating to nondiscrimination. These include b are not limited to: (a) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended; relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 USC §§ 290 dd-3 and 290 ee3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 USC §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals, of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. j. They will comply, or have already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real, property acquired for project purposes regardless of federal participation in purchases. k. They will comply, as applicable, with provision of the Hatch Act (5 USC §§ 1501-1508 and 7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. I. They will comply, as applicable, with the provisions of the Davis-Bacon Act (40 USC §§ 276a to 276a-7), the Copeland Act (40 USC §276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC §§ 327-333), regarding labor standards for federally-assisted construction sub agreements. m. They will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $5,000 or more. n. They will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 USC §§ 1451 et seq.); (0 conformity of federal actions to state (clean Air) Implementation Plans under Section 176 (c) of the Clean Air Act of 1955, as amended (42 USC §§ 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (PL 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended ( PL 93-205). o. They will comply with the Wild and Scenic Rivers Act of 1968 (16 USC §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. p. They will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 USC § 470), EO 11593 (identification and Public Assistance Grant Agreement-12/07 Page 13 of 15 City of Renton E08-825 protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.). q. They will comply with the Lead-Based Paint Poisoning Prevention Act (42 USC §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. r. They will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local • Governments, and Non-Profit Organizations." s. They will comply with all applicable requirements of all other federal laws, executive orders, regulations, and policies governing this program. t. They will certify to the best of their knowledge that the regulations implementing the New Restrictions on Lobbying, 44 C.F.R. Part 18, are complied with. No federally appropriated funds have been paid or will be paid by, or on behalf of, the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. end • • Public Assistance Grant Agreement-12/07 Page 14 of 15 City of Renton E08-825 • Attachment#1 —Project Worksheet Sample U.S.DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. No. 1660-0017 PROJECT WORKSHEET Expires October 31,2008 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 90 minutes per response. Burden means the time, effort and financial III resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments regarding the accuracy of the burden estimate and or any aspect of the collection, including suggestions for reducing the burden to: Information Collections Management, U. S. Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660-0017). You are not required to respond to this collection of information unless a valid OMB number appears in the upper right corner of this form. NOTE: Do not send your completed form to this address. DISASTER PROJECT NO. PA ID NO. DATE CATEGORY F ___� , l F DAMAGED FACILITY WORK COMPLETE AS OF: % APPLICANT COUNTY LOCATION LATITUDE LONGITUDE DAMAGE DESCRIPTION AND DIMENSIONS SCOPE OF WORK III Does the Scope of Work change the pre-disaster conditions at the site? ❑ Yes ❑ No Special Considerations issues included? ❑ Yes 0 No Hazard Mitigation proposal included?❑ Yes 0 No Is there insurance coverage on this facility? ❑ Yes ❑ No PROJECT COST IT CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST / / _ / / / / I - - TOTAL COST PREPARED BY TITLE SIGNATURE APPLICANT REP. TITLE SIGNATURE FEMA Form 90-91,FEB 06 REPLACES ALL PREVIOUS EDITIONS. Public Assistance Grant Agreement-12/07 Page 15 of 15 City of Renton E08-825 r • CITY OF RENTON COUNCIL AGENDA BILL AI//: 7./7)a, Submitting Data: For Agenda of: Dept/Div/Board.. Fire and Emergency Services April 7, 2008 Department/Emergency Management Staff Contact Emergency Management Director Agenda Status Deborah Needham Consent X Subject: Public Hearing.. Amendment to 2007 EMPG Grant Award, CAG-07- Correspondence.. 124 Ordinance Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Contract Amendment B Information Recommended Action: Approvals: Legal Dept X Council Concur. Finance Dept Other Risk Management Fiscal Impact: IIII Expenditure Required... n/a Transfer/Amendment Amount Budgeted n/a Revenue Generated Total Project Budget n/a City Share Total Project.. Other impact: Decrease of $31,516.00 in 2007 grant award SUMMARY OF ACTION: An accounting error resulted in an excessive grant award of the Emergency Management Performance Grant (EMPG). This Amendment corrects the error and designates the correct amount of reimbursement expected to offset 2007 expenses. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Amendment B to the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) Contract#07-363. • (; FIRE and EMERGENCY SERVICES �� , DEPARTMENT •`e$�N�o� MEMORANDUM DATE: April 1, 2008 TO: Marcie Palmer, Council President Members of the City Council VIA: - Denis Law, Mayor FROM: I. David Daniels, Fire Chief/Emergency Services Administrator STAFF CONTACT: Deborah Needham, Emergency Management Director SUBJECT: Reduction of Emergency Management Performance Grant (EMPG) award Issue Washington State has presented the City with an amendment to the 2007 Emergency Management Performance Grant (EMPG) contract which reduces the EMPG award by . $31,516.00. Background The original Emergency Management Performance Grant application submitted in early 2007 incorrectly categorized some program costs by failing to back out the federally funded share. The error was discovered and promptly reported to the State in accordance with the law. The State has amended the EMPG Contract#E07-363 to reflect the amount that should have been awarded originally. This represents a decrease of$31,516 in anticipated reimbursements to offset 2007 budget expenses. RECOMMENDATION Staff recommends that Council concur and authorize the Mayor to execute Amendment B to the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) Contract#07-363 (CAG-07-124). Washington State Military Department AMENDMENT 1. CONTRACTOR NAME/ADDRESS: 2. CONTRACT NUMBER: 3. AMENDMENT NUMBER: City of Renton 1111 Emergency Management Division E07-363 B Revised 1055 South Grady Way Renton, WA 98055 4. CONTRACTOR CONTACT PERSON, NAME/TITLE: 5. MD STAFF CONTACT, NAME/TELEPHONE: Deborah Needham, (425) 430-7000 Rachel Soya (253) 512-7064 6. TIN or SSN: 7. CATALOG OF FEDERAL DOMESTIC 8. FUNDING SOURCE NAME/AGREEMENT#: 91-6001271 ASST. (CFDA)#: 97.042 EMPG 2007-EM-E7-0017, 2007-EM-E7-0060 9. FUNDING AUTHORITY: Washington State Military Department (Department)and the U.S. Department of Homeland Security(DHS) 10. DESCRIPTION/JUSTIFICATION OF AMENDMENT, MODIFICATION, OR CHANGE ORDER: The U.S. Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) program provides funding to local jurisdictions that have emergency management programs to supplement their operating budget and enhance their emergency management capability. Each jurisdiction that meets the requirements and applies is awarded a grant based on the amount of local funds committed to their emergency management program. This contract amount must be changed to reflect an adjusted local funding budget. The original local funding budget incorrectly included federal funds anticipated under EMPG and should have only included the local funds committed by the jurisdiction. In order to maintain equity among all pass-through recipients the award must be adjusted to reflect the new local funding budget. 11. AMENDMENT TERMS AND CONDITIONS: • 1. Change the overall contract amount from $83,951 to $52,435; a decrease of$31,516. 2. The overall contract expiration date of December 31, 2008 remains unchanged. 3. Replace the Revised Special Terms and Conditions up to ArticleiV with the attached Revised Sped. Terms and Conditions up to Article V. 4. In the Special Terms and Conditions, Article V -- Additional Special Conditions And Modification To General Conditions, Item #2 change the non-federal match from $83,951 to $52,435. 5. Replace the Revised Budget Sheet with the attached Revised Budget Sheet. No other changes are required. All other terms and conditions of the original contract and any previous amendments thereto remain in full force and effect. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract amendment and attachments hereto and in witness whereof have executed this amendment as of the date and year written below. The rights and obligations of both parties to this contract are governed by this Contract Amendment Face Sheet and other documents incorporated herein by reference or attached and identified in the original contract document. A copy of this contract amendment shall be attached to and incorporated into the original agreement between the Department and the Contractor. Any reference in such contract to the"contract"shall mean "contract as amended." IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the date and year last written below: FOR THE DEPARTMENT: FOR THE CONTRACTOR: Signature Date Signature Date James M. Mullen, Director Denis Law, Mayor Emergency Management Division Washington State Military Department for APPROVED AS TO FORM: City of Renton Emergency Management Division • Spencer W. Daniels (signature on file) 2/19/2004 Assistant Attorney General Form Date: 10/27/00 Contract#E07-363 Amendment B REVISED SPECIAL TERMS AND CONDITIONS I -- COMPENSATION SCHEDULE: ,TICLE is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department. Some flexibility to shift funds between/among budget categories is allowed as follows: Changes to any single budget category in excess of 10% or$100, whichever is greater, will not be reimbursed without the prior written authorization of the Department. Budget categories are as specified or defined in the budget sheet of the contract. ARTICLE II -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the Department's Key Personnel: Financial #/Copies Due Date Invoices 1 Within 30 days of the end of the period in which the work was performed Invoices must be submitted no more frequently than monthly and it is recommended that invoices be submitted at least bi-annually. Final Invoice for Original Award: $41,669 1 No later than 45th day after (shall not exceed original contract amount) amendment is fully-executed Final Invoice for remaining balance 1 No later than 45th date after contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final billing. Technical #/Copies Due Date Bi-Annual Strategy Implementation Report Electronic January 15 July 15 Performance Report Electronic TBD Bi-Annually Final Report Electronic No later than 45th day following the contract end date NIMS Compliance Progress Reports Electronic April 30 September 30 All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final reports and/or deliverables. The Bi-Annual Strategy Implementation Report will be submitted via DHS's web-based grant reporting tool located at https://www.reportinq.odp.dhs.gov/. The Performance Report and the Final Report will be submitted via the Military Department's web-based grant management tool located at https://fortress.wa.gov/mil/qms/qms/. ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitution must be made by written notification to the Military Department. CONTRACTOR: MILITARY DEPARTMENT: Deborah Needham Rachel Soya, EMPG Program Manager flOICLE IV --ADMINISTRATIVE REQUIREMENTS: Contractor shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; and A- 133, Audits of States, Local Governments, and Non-Profit Organizations. Exhibit C Contract#E07-363 Amendment B REVISED BUDGET SHEET 1111 FFY07 Emergency Management Performance Grant Program Contract expenditures shall be documented according to the following categories when appropriate: LOCAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY 2007 Local Funds Budget* Personnel $197,511.70 In-Direct Costs $0.00 Travel $3,000.00 Equipment $34,200.00 Supplies $10,800.00 Telephones $0.00 Printing $0.00 Jaint/Maint $0.00 Auto Lease $0.00 • Space Rental $0.00 Insurance $0.00 Subcontractor $0.00 Other $0.00 Total All Program Costs $245,511.70 To be expended before December 31, 2007 FFY 07 EMPG Award $41,669 To be expended before the end of the FFY 07 EMPG $10,766 contract performance period Supplemental Award The City of Renton Emergency Management Division total EMPG award is $52,435. This is based on the allocation factor of 21.4% of approved local emergency management operating budgets. This award will not be used to supplant the existing local funds identified above. The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted in e-GMS. In addition, the Contractor agrees to make all records available to Military Department staff, upon request. A total of 3% of this award can be used to pay for management and administration of this contract. • * No federal funds are included in the local emergency management operating budget. Funding Source: Department of Homeland Security - EMPG and EMPG SUPPLEMENTAL 0 I CITY OF RENTON COUNCIL AGENDA BILL AI#: 7e A .. •Submitting Data: Public Works Department For Agenda of: April 7, 2008 Dept/Div/Board.. Administration Staff Contact Gregg Zimmerman (ext. 7311) Agenda Status Consent X Subject: Public Hearing.. Request to Fill Principal Financial and Administrative Correspondence.. Analyst Position (Grade M24, Step C 0.75 FTE) to Ordinance Overlap with Existing Employee for Training Purposes Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Principal Financial and Administrative Analyst Job Information Description Recommended Action: Approvals: Refer to Finance CommitteeLegal Dept Finance Dept X Other Fiscal Impact: $5,637 (acct. #000.000000.015.5320.0010.10) $1,964 (acct. #000.000000.015.5320.0010.20-22) Expenditure Required... $7,601 Transfer/Amendment Amount Budgeted -0- Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Public Works Principal Financial and Administrative Analyst has resigned from her position with the City effective June 13, 2008. This position is responsible for preparing and monitoring the Public Works annual budget, which includes both general fund and enterprise funds, performing utility rate analysis using rate models, estimating enterprise fund revenue projections, analyzing financial trends, preparing financial strategies, and coordinating the department's capital improvement program. Currently, these job duties are done by one 0.75 FTE (30 hours/wk) employee. No other staff member is sufficiently knowledgeable about these various duties to temporarily fill in or train a new employee. STAFF RECOMMENDATION: Authorize the Public Works Administration Division to overfill this position for 30 days prior to the accepted resignation date of the current staff member to provide for effective training of the replacement analyst, which would allow a projected hiring date of May 15, 2008. III C:\DOCUME-1\BWalton\LOCALS—1\Temp\refill prin finance admin analyst overlap agenda bill.doc ti`SY O PUBLIC WORKS DEPARTMENT • N.' tri END �i MEMORANDUM DATE: March 24, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: .L Denis Law, Mayor FROM: Gregg Zimmerma u lic Works Administrator ��� STAFF CONTACT: Gregg Zimmerman, Public Works Administrator(ext. 7311) SUBJECT: Request to Fill Principal Financial and Administrative Analyst Position (Grade M24, Step C 0.75 FTE) to Overlap with Existing Employee for Training Purposes ISSUE: Should the City Council authorize the Public Works Administration Division to overfill Sits Principal Financial and Administrative Analyst position for 30 days prior to the accepted resignation date of the current holder of this position, which would allow a projected hiring date of May 15, 2008? RECOMMENDATION: Authorize the Public Works Administration Division to overfill the Principal Financial and Administrative Analyst position 30 days prior to the accepted resignation date of the current holder of this position, which would allow a projected hiring date of May 15, 2008. BACKGROUND SUMMARY: The Public Works Principal Financial and Administrative Analyst has resigned from her position with the City effective June 13, 2008. Her resignation has been accepted by the Public Works Administrator and Human Resources. The individual who currently holds this position has given three months notice of her intent to resign from her position. This position is filled by a 0.75 FTE staff member(30 hours per week). There is no back up individual with sufficient knowledge about the various duties of the position to temporarily fill in or effectively train a new employee. The Public Works Department budget consists of both general fund and enterprise fund • accounts, as well as capital improvement programs for the Transportation Systems and Utility Systems divisions. Historically, the beginning of the budget development process 1 Marcie Palmer,Council President Members of the Renton City Council Page 2 of 2 March 24,2008 • for the followingyear occurs in June. Each of the Public Works Department divisions p relies heavily on this position to conduct analysis that is used in preparing the department's annual budget and capital improvement programs, and to coordinate preparation of the budget within the established time frames. Placing a new staff member in this position without special training could result in budget oversights, errors, and inability to meet deadlines set by the Finance Administrator. In addition to budget development, detailed analysis must be conducted to establish utility rate recommendations. The analysis involves evaluating costs, consumption projections, capital project needs, revenue estimates, and other financial considerations, and inputting this data into the utility rate models to develop rate scenarios that are then presented to the Council. The position provides various other financial services to the department that are key to the department's efficient operation. CONCLUSION: The Public Works Department requests authorization to overfill its Principal Financial and Administrative Analyst position (Grade M24, Step C, 0.75 FTE) 30 days prior to the accepted resignation date of the current staff member for effective training purposes, which would allow a projected hiring date of May 15, 2008. • cc: Eileen Flott,Interim Human Resources/Risk Management Administrator Mike Bailey,FIS Administrator Nenita Ching,Principal Financial and Administrative Analyst File a H:\File Sys\ADM-PBPW Adminstration\Admin Sec Il\2008\Personnel\Maintenance\request to hire prin finance admin analyst overlap issue paper.doc CITY OF RENTON • CLASS TITLE: PRINCIPAL FINANCIAL and ADMINISTRATIVE ANALYST (AS-2478) BASIC FUNCTION: Under the direction of the Public Works Administrator, analyze Public Works Department issues and tasks, and design and implement systems for the department and the training and provision of assistance to department personnel in the use of systems; develop and monitor department budgets. REPRESENTATIVE DUTIES: *Prepare and coordinate financial budget submittals for enterprise funds, various divisions in the general fund and revenue estimates for various fees and reimbursements; expense estimates by organization, program and fund source, and revenue estimates by fund source; perform utility rate analysis; analyze financial trends and prepare financial strategies and issue papers; submit and coordinate Department's capital improvement program. Analyze operational and managerial systems to determine if increased productivity or enhanced service is possible; project equipment needs and assure 1111 proper budget funds to accomplish objectives; identify and recommend special projects or programs. Review operations of the department and assure that they are efficient use of resources and are compatible with existing and proposed City systems. *Monitor the financial and budgeting performance of the entire Department and manage financial, cost accounting and other systems for the Department; coordinate with the Finance & Information Services Department regarding general accounting, A/R, A/P, payroll, revenue estimates, budget preparation, utility accounting and personnel; attend Council meetings regarding budget matters. Develop position papers and memoranda as directed; make presentations as requested. Train department personnel in the use and operation of computer programs and spreadsheets relating to financial,project and other management systems. Supervise staff performing data input or related tasks in building and maintaining financial and other management records and systems. • *Research, strategize and submit applications for potential funding sources for department projects. Principal Financial &Administrative Analyst- Continued Page 2 Page 2 *Attend meetings and conferences; represent the department with regional and professional organizations which have committees or work • groups preparing or setting standards for financial systems and management and legislative issues. Perform related duties as assigned. KNOWLEDGE AND ABILITIES: KNOWLEDGE OF: • Organization, operations, policies and objectives of municipal planning services. • Principles and practices of management, administration, supervision and training. • Basic accounting and project management principles; record-keeping techniques. • Interpersonal skills using tact,patience and courtesy. • Oral and written communications skills. • Correct English usage, grammar, spelling,punctuation and vocabulary. • Applicable laws, codes,regulations,policies and procedures. ABILITY TO: • Analyze issues and tasks, and design and implement systems for the department and the training and provision of assistance to department personnel in the use of systems. • Initiate new ideas and new approaches to organizational, financial and policy concerns. • Develop and monitor department budgets. • • Establish and maintain cooperative and effective working relationships with others. • Train, supervise and evaluate personnel. • Analyze situations accurately and adopt an effective course of action. • Review and evaluate the implications of proposed actions. Plan and organize work. • Meet schedules and time lines. • Communicate effectively both orally and in writing. • Train other personnel in computer applications and programs. • Prepare SOQ's and RFP's. • Prepare and maintain records. EDUCATION AND EXPERIENCE: Any combination equivalent to: bachelor's degree and four years of increasingly responsible professional experience in systems development, problem solving and analysis and implementation. LICENSES AND OTHER REQUIREMENTS: Valid Washington State driver's license. WORKING CONDITIONS: Work is performed in an office environment with occasional night meetings. *Denotes an essential function • June 1997 1 CITY OF RENTON COUNCIL AGENDA BILL AI #: 70 0 O • Submitting Data: Public Works Department For Agenda of: April 7, 2008 Dept/Div/Board.. Utility Systems/Surface Water Staff Contact Ron Straka, ext 7248 Agenda Status Consent X Subject: Public Hearing.. WSDOT State Participating Agreement for the Ripley Correspondence.. Lane North Storm System Improvement Project Ordinance X Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions State Participating Agreement Information Resolution Budget Ordinance Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other elFiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted $1,121,800 Revenue Generated $678,223 Total Project Budget $1,800,023 City Share Total Project $1,121,800 SUMMARY OF ACTION: The Surface Water Utility and the Washington State Department of Transportation (WSDOT) are proposing to construct the Ripley Lane North Storm System Improvement project. The project will extend the storm system improvements constructed on the Seattle Seahawks' Headquarters and Training Facility site by Football Northwest, LLC to the east across Ripley Lane North to I-405. The State Participating Agreement establishes the WSDOT share of the project construction cost to be $678,223. The estimated total project construction cost, including contingency is estimated to be $1,721,576. The Ripley Lane North Storm System Improvement project along with the downstream storm system improvements constructed by the Seahawks are sized to accommodate existing and future increases in runoff from the total tributary area including WSDOT 1-405 right-of-way. WSDOT cost share percentage of 39.4 percent is based upon its contribution of runoff to the storm system improvements from 1-405 downstream to Lake Washington. STAFF RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to sign the State Participating Agreement with the Washington State Department of Transportation to accept a contribution in the amount of $678,223 for the Ripley Lane North Storm System Improvement project. In addition, approve a • budget ordinance to increase the Surface Water Utility revenue and expenditure accounts for the project in the amount of$678,223. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3375 Ripley Lane North-Gypsy Creek Flooding Project\1200- Agreements\WSDOT\City corr\WSDOT Agreement AGENDA BILL.doc\RStp i Cti`sY Ott PUBLIC WORKS DEPARTMENT + MEMORANDUM DATE: March 26, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: �tk Denis Law, Mayor FROM: Gregg Zimmerma f, ministrator STAFF CONTACT: Ron Straka, Surface Water Utility Engineering Supervisor(ext. 7248) SUBJECT: WSDOT State Participating Agreement for the Ripley Lane North Storm System Improvement Project ISSUE: Should the Council approve the Washington State Department of Transportation • (WSDOT) State Participating Agreement and an ordinance amending the Surface Water Utility Fund 427 revenue and expenditure budget for the Ripley Lane North Storm System Improvement Capital Improvement project, in order to receive $678,223 from WSDOT? RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to sign the State Participating Agreement with the Washington State Department of Transportation to accept a contribution, in the amount of$678,223 for the Ripley Lane North Storm System Improvement project. In addition, approve a budget ordinance to increase the Surface Water Utility revenue and expenditure accounts for the project in the amount of $678,223. BACKGROUND: The Surface Water Utility and the Washington State Department of Transportation (WSDOT) are proposing to construct the Ripley Lane North Storm System Improvement project, which will extend the storm system improvements constructed on the Seattle Seahawks' Headquarters and Training Facility site by Football Northwest, LLC. The project includes installing a vault structure to connect to the Seahawks' storm system and 481 linear feet of 36-inch storm pipe and 290 linear feet of 45-inch casing pipe under the • BNSF railroad located between the six foot on center pile supports for the King County Wastewater 84-inch Sanitary Sewer Eastside Interceptor. The four 36-inch storm pipes F1 Council/WSDOT Participating Agreement Ripley Lane March 26,2008 Page 2 of 2 • will be extended to the east side of Ripley Lane North and involve channel improvements up to the I-405 roadway where existing 48-inch and 24-inch storm systems discharge runoff from I-405 and the upstream basin(see attached map and plan). The State Participating Agreement establishes the WSDOT share of the project construction cost to be $678,223. The estimated total project construction cost, including contingency is estimated to be $1,721,576. The Ripley Lane North Storm System Improvement project along with the downstream storm system improvements constructed by the Seahawks are sized to accommodate existing and future increases in runoff from the total tributary area including WSDOT I-405 right-of-way. WSDOT cost share percentage is based upon its contribution of runoff to the downstream storm systems. WSDOT will fund 39.4 percent of the construction cost for the Ripley Lane North Storm System Improvement project. This percentage includes its share of the cost associated with the oversizing cost for the 60-inch and 72-inch storm system constructed by the Seahawks, which the City will reimburse the Seahawks through a separate agreement. It also includes the WSDOT share of the cost for the design and construction of the Ripley Lane North Storm System Improvement project based upon runoff contribution. The attached Cost Share Worksheet provides an overview of all costs from Lake Washington to I-405 and how the costs are shared between the City, WSDOT and the Seahawks. The project design and permitting has been completed. The construction plans and • contract specifications advertisement started on March 25, 2008. The construction contract bid opening is planned for April 15, 2008, with the bid award planned for April 21, 2008. The project construction is planned to start in late May or June 2008 and end in October 2008. CONCLUSION: Approve the resolution authorizing the Mayor and City Clerk to sign the State Participating Agreement with WSDOT and the budget ordinance for the Ripley Lane North Storm System Improvement project. 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RENTON TO KENIMALE 2924059002 1.11 '`,:4 1 01.•••••:\ 1 ',''IN'i i WA. 50400 I l I \...."..10, i ,/,:, ' 12' CMS/TEMP 1 .- ECOLOGY BLOCK WALL tusrc(sus)FENCE 'Ilik.••• ' ''iii ' 1 12'QUARRY EX PAVER( SPALLS I a 214 ti.:\' ' •'' ...:it,/ ;LIR FABRIC FF.NCE ,•,;il,:. !CITY SIO PLAN 0006 ,.,:ril,...t', ,W;. 80.181i WellANG BOIJNOARIES-\\ 1 ) ''' 71:::"‘' .....14,..;teaP1 I . /, . • - •f e,itr, SECTION ri-z-1 .,......2,..: : 4;:.fisi:iiVi,:..":, •a,E,p,,,,srg201.:1{8.rmA.F_Oft CONNECTION To 00 CHANNEL , NO SCALE CO PAN TES 24 SPECIFICADOKS DINO CS PLAN 'V'...,,,'- Pit,.,....• '4 : i 4,'. rirfii=13 SCALE IN FEET ; '4.c .....:.... oc";10e714 EXHIBIT C: City Ripley Lane North Storm System Improvement PrttiraCt 5 _+,.....,,..,......._,--....." - ECOLECOLILCILIJEF.AMIL "".' '''T- -‘. RIPLEY LANE N.STORM SYSTEM IMPROVEMENT PROJE., 7,1M Par:matrix Or... bau, — '''". '41W4"'" AIM C:i TY OF %.,-. wt. lib. 7.111% RENTON .. -LANE CONSTRUCTION ACCESS — ----,----.--... I— Ella ----- _..._0.« 1 Na 08,ISICH .177.• n. ow.... .,...g/B.A.niouX,We.Not. ...... li. TV ._'*". 00/0 ""Th.ForiS """""*". - C6 ''' ,2, • I)-'337512 III III S al . s PROJECT COST SHARE WORKSHEET 1111 Ripley Lane N Storm System Improvement Project(Gypsy Subbasin Drainage) On Sealiawk's Site(60-inchto::72-inch downstream storm;system): $ 591,106.41 =Actual Cost to Design/Construct Downstream 60-inch storm system (Seahawks) Cost Share% (See Note 1) Design/Constr. Seahawks' 0.747 $ 441,556.49 WSDOT 0.214 $ 126,496.77 Renton 0.039 $ 23,053.15 Total: $ 591,106.41 Ripley Lane i L(Estimated Costs), Preliminary Cost Estimate: $ 200,816.00 $ 1,721,575.90 Cost Share% (See Note 1) Design Est.Construction Design/Est.Constr. WSDOT 0.287 $ 57,634.19 $ 494,092.28 $ 551,726.48 Renton 0.713 $ 143,181.81 $ 1,227,483.62 $ 1,370,665.42 Total: $ 200,816.00 $ 1,721,575.90 $ 1,922,391.90 Notes: 1. Cost share percentages are based upon 100-yr flow for the Gypsy Subbasin Drainage 2. Ripley Lane N design cost include original consultant contract amount and$17,500 addendum#1. • 3. The Ripley Lane N. project total cost estimate may change once the actual low bid is awarded. The cost estimate includes a 10%contingency 4. The City will pay WSDOT's cost share%of the Seahawks 60"storm system. WSDOT shall fully reimburse Renton for their share of the Seahawks'60-inchdownstream pipe by paying for more of the construction cost associated with the upstream storm system improvements. 5 The Seahawk's cost share is based upon actual cost information provided by Vulcan on 3/20/08 6. The WSDOT agreement increases the Ripley Lane cost share percentage for WSDOT to reimburse the City for the City's payment of the WSDOT share of the Sehawk 60"storm system. The following totals are WSDOT Contributing Funds: WSDOT portion of Sehawks 60-inch storm system: $ 126,496.77 WSDOT portion of Ripley Lane N Design: $ 57,634.19 WSDOT portion of Estimated Ripley Lane N Construction Cost: $ 494.092.28 Total WSDOT Cost Share: $ 678,223.25 Total Percentage WSDOT is to contribute to Ripley Lane N. Construction: =(WSDOT Contributing Funds Total)/(Estimated Construction) = 100x $ 678,223.25 divided by $ 1,721,575.90 39.39549% Total City of Renton Cost Share: $ 1,393,718.57 • Total Seahawks Cost Share: $ 441,556.49 Total City/WSDOT/Seahawk Project Cost: $ 2,513,498.31 H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3375 Ripley Lane North-Gypsy Creek Flooding Project\1200- Agreements\080321-CostShareFinal-W SDOT-FN W.xls v"171 Washington State Department of Transportation Organization and Address • State Participating City of Renton Surface Water Utility, 5th Floor Agreement 1055 South Grady Way Renton, WA 98057-3232 Work by Local Agency Section/Location Actual Cost SW 1/4 of Section 26,Township 24 North,Range 5 East,W.M.in the City of Renton,King County,Washington. I-405 milepost 7.58. Agreement Number Description of Work GCA-5717 City of Renton Ripley Lane North Storm System Improvement State Route Number Control Section Number 405 174303 Project(SWP-27-3375). Storm system improvements to accommodate future expansion of 1-405. Region Urban Corridors THIS AGREEMENT, made and entered into this day of ,between the STATE OF WASHINGTON, Department of Transportation,acting by and through the Secretary of Transportation, (hereinafter the"STATE")and the above named organization, (hereinafter the"LOCAL AGENCY"). WHEREAS,the LOCAL AGENCY is planning the construction of a project as shown above,and in connection therewith,the STATE has requested that the LOCAL AGENCY perform certain work as herein described,and WHEREAS,it is deemed to be in the best interest for the STATE to include specific items of work in the LOCAL AGENCY's construction contract proposed for the above-noted project, and • WHEREAS,the STATE is obligated for the cost of work described herein. NOW THEREFORE,by virtue of RCW 47.28.140 and in consideration of the terms,conditions,covenants,and performances contained herein,or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: The STATE agrees, upon satisfactory completion of the GENERAL work involved,to deliver a letter of acceptance which shall The LOCAL AGENCY,as agent acting for and on behalf of include a release and waiver of all future claims or demands of the STATE,agrees to perform the above"Description of any nature resulting from the performance of the work under this Work". AGREEMENT. Plans,specifications and cost estimates shall be prepared by II the LOCAL AGENCY in accordance with the current State of PAYMENT Washington Standard Specifications for Road, Bridge,and The STATE, in consideration of the faithful performance of the Municipal Construction,and amendments thereto, and adopted work to be done by the LOCAL AGENCY, agrees to design standards,unless otherwise noted.The LOCAL reimburse the LOCAL AGENCY for the actual direct and AGENCY will incorporate the plans and specifications into the related indirect cost of the work. LOCAL AGENCY's project and thereafter advertise the resulting An itemized estimate of cost for work to be performed by the project for bid and,assuming bids are received and a contract is LOCAL AGENCY at the STATE's expense is marked Exhibit awarded,administer the contract. "A",and is attached hereto and by this reference made a part of this AGREEMENT. The LOCAL AGENCY agrees to submit plans and specifications for the described work as shown on Exhibit"B",attached hereto Partial payments shall be made by the STATE, upon request of and by this reference made a part of this AGREEMENT,to the the LOCAL AGENCY,to cover costs incurred.These payments STATE fora royalprior to advertisingthe project. are not to be more frequent than one(1)per month. It is agreed pp that any such partial payment will not constitute agreement as The STATE may, if it desires,furnish an inspector on the to the appropriateness of any item and that,at the time of the project.Any costs for such inspection will be borne solely by final audit,all required adjustments will be made and reflected the STATE.All contact between said inspector and the LOCAL in a final payment. • AGENCY's contractor shall be through the LOCAL AGENCY's representative. DOT Form 224-067 EF Revised 10/2001 The LOCAL AGENCY agrees to submit a final bill to the STATE In the event it is determined that any change from the description 41) within forty-five(45)days after the LOCAL AGENCY has of work contained in this AGREEMENT is required,approval completed the work. must be secured from the STATE prior to the beginning of such III work.Where the change is substantial,written approval must be DELETION OF WORK secured. In the event the estimate of cost, Exhibit"A", is in excess of Reimbursement for increased work and/or a substantial change $10,000 and the total actual bid prices for the work covered by in the description of work shall be limited to costs covered by a this AGREEMENT exceeds the estimate of cost by more than 15 written modification,change order or extra work order approved percent,the STATE shall have the option of directing the LOCAL by the STATE. AGENCY to delete all or a portion of the work covered by this V AGREEMENT from the LOCAL AGENCY's contract. Except,that RIGHT OF ENTRY this provision shall be null and void if the STATE's portion of the The STATE hereby grants and conveys to the LOCAL AGENCY work exceeds 20 percent of the actual total contract bid price. the right of entry upon all land which the STATE has interest, within or adjacent to the right of way of the highway,for the The STATE shall have five(5)working days from the date of purpose of constructing said improvements. written notification to inform the LOCAL AGENCY to delete the work.Should the STATE exercise its option to delete work,the Upon completion of the work outlined herein,all future operation STATE agrees, upon billing by the LOCAL AGENCY,to and maintenance of the STATE's facilities shall be at the sole reimburse the LOCAL AGENCY for preliminary engineering costs cost of the STATE and without expense to the LOCAL AGENCY. incurred by the LOCAL AGENCY to include the work covered by this AGREEMENT in the LOCAL AGENCY's contract. VI LEGAL RELATIONS IV No liability shall attach to the LOCAL AGENCY or the STATE by EXTRA WORK reason of entering into this agreement except as expressly In the event unforeseen conditions require an increase in the provided herein. cost of 25 percent or more from that agreed to on Exhibit"A",this AGREEMENT will be modified by supplemental AGREEMENT covering said increase. 0 IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By By Title Title Date Date • DOT Form 224-067 EF Revised 10/2001 WSDOT/CITY OF RENTON RIPLEY LANE N.STORM SYSTEM IMPROVEMENT PROJECT EXHIBIT'A'-COST ESTIMATE WSDOT .Number . Unit r Desch tlotf .;'.:. 4 Qttanft : Iffiff Cost - SubTotal Cost WSDOT AMOUNT :'Z:�'.';•-'4.',.. -. ,•:' ,i,:,.1 P " r,.:;.; -• QUANTITY 1 Lump Sum Contractor Supplied Surveying 1 $20,000.00 $20,000.00 0.394 $7,879.10 1111 2 Lump Sum SPCC Plan 1 $2,000.00 $2,000.00 0.394 $787.91 3 Lump Sum Properly Restoration 1 $20,000.00 $20,000.00 0.394 $7,879.10 4 Each Utility Potholing 3 $1,000.00 ' $3,000.00 1.182 $1,181.86 5 Lump Sum Mobilization 1 $150,000.00 $150,000.00 0.394 $59,093.24 6 Lump Sum Traffic Control 1 $15,000.00 $15,000.00 0.394 $5,909.32 7 Each Soil Sampling and Analysis 6 $1,200.00 $7,200.00 2.364 $2,836.48 8 Lump Sum Clearing and Grubbing 1 $12,000.00 $12,000.00 0.394 $4,727.46 9 Linear Foot Sawcutting 45 $12.00 $540.00 17.728 $212.74 10 Square Yard Remove Asphalt Concrete/Cement Concrete Pavement 75 $22.00 .$1,650.00 29.547 $650.03 11 Ton Cold Mix 60 $100.00 - $6,000.00. 23.637 $2,363.73 12 Each Ripley Lane Roadway Detours 2 $8,000.00 $16,000.00 0.788 $6,303.28 13 Cubic Yard Channel Excavation Including Haul 1600 $40.00 - $64,000.00 630.328 $25,213.11 14 Ton Gravel Borrow Including Haul 135 $20.00 $2;700.00 53.184 $1,063.68 15 Ton Stream Gravel Including Haul 90 $45.00 $4,050.00 35.456 $1,595.52 16 Cubic Yard Unsuitable Foundation Excavation Incl Haul 50 $50.00 $2,500.00 19.698 $984.89 17 Cubic Yard Structure Excavation Class B Incl.Haul 200 $25.00 _ $5,000.00 78.791 $1,969.77 18 Ton Contaminated Structure Excavation Class B Incl.Haul 500 $200.00 $100,000.00 196.977 $39,395.49 19 Lump Sum Shoring or Extra Excavation Class B 1 $80,000.00 $80,000.00 0.394 $31,516.39 20 Cubic Yard Controlled Density Fill 15 $125.00 $1,875.00 5.909 $738.67 21 Ton Crushed Surfacing 60 $40.00 $2,400.00 23.637 $945.49 22 Ton HMA CL 1"PG 64-22 35 $120.00 $4,200:00 13.788 $1,654.61 23 Ton HMA Class 1/2"PG 64-22 20 $120.00 $2,400.00 7.879 $945.49 24 Lump Sum Outlet Structure 1 $85,000.00 $85,000.00- 0.394 $33,486.17 25 Linear Fool 36 inch Diameter HDPE(DR21)Sewer Pipe 481 $300.00 $144,300.00 189.492 $56,847.69 26 Linear Foot Abandon Existing 24-Inch Diameter StormDrain Pipe 53 $60.00 $3,18000 20.880 $1,252.78 27 Lump Sum Temporary Stormwater Diversion 1 $12,000.00 $12,000.00 0.394 $4,727.46 28 Linear Foot Railroad Crossing Casing,45-inch DIA. 290 $1,100.00 $319,000.00, 114.247 $125,671.61 29 Linear Foot Testing Sewer Pipe 916 $4.00 $3,664.00 360.863 $1,443.45 30 Each Manhole 48-inch DIA. 1 $4,000.00 $4,000.00 0.394 $1,575.82 31 Each Drop Manhole Connection 1 $7,000.00 ' $7,000.00 0.394 $2,757.68 . 32 Each Remove Existing Manhole 1 $1,000.00 ,$1,000.00 0.394 $393.95 33 Cubic Yard Trench Excavation Incl.Haul 1400 $20.00 $28,000.00 551.537 $11,030.74 34 Ton Contaminated Trench Excavation Incl.Haul 950 $200.00 $190,00000 374.257 $74,851.43 35 Ton Foundation Material 500 $45.00 ,'$22,500.00. 196.977 $8,863.99 36 Linear Foot Ductile Iron Pipe for Water Main,12-inch Dia. 76 $125.00 • '$9,500.00 29.941 $3,742.57 37 Each BlowOff Assembly 2 $1,500.00 $3,000.00 0.788 $1,181.86 38 Each Gate Valve,12-inch 2 $1,800.00 $3,600.00 0.788 $1,418.24 39 Each Comb.Air Release/Air Vacuum Valve Assembly,2-inch 1 $2,500.00 $2,500.00- 0.394 $984.89 40 Each Remove Existing Hydrant 1 $1,000.00 $1,000.00_ 0.394 $393.95 41 Each Hydrant Assembly 1 $4,000.00 ',54,000.00 0.394 $1,575.82 42 Linear Foot PVC Sanitary Sewer Pipe,12-inch Dia. 145 $100.00 $14,500.00 57.123 $5,712.35 43 Lump Sum Temporary Sanitary Sewer Diversion 1 $1,000.00 $1,000:00 0.394 $393.95 44 Linear Foot Remove Existing 12-inch Sanitary Sewer Pipe 100 $12.00 $1,200.00 39.395 $472.75 45 Linear Foot Abandon Existing 12-inch Sanitary Sewer 45 $5.00 . $225.00 17.728 $88.64 46 Linear Foot Television Inspection 145 $6.00 $870.00, 57.123 $342.74 47 Lump Sum Temporary Relocate Existing 6-inch side sewer 1 $1,200.00 $1,200.00 0.394 $472.75 48 Linear Foot PVC Sanitary Side Sewer Pipe,6-inch Dia. 28 $60.00 - $1,680.00 11.031 $661.84 49 Lump Sum Erosion/Water Pollution Control 1 $20,000.00 $20,000.00 0.394 $7,879.10 50 Linear Foot Stabilized Construction Entrance 230 $55.00 $12,650.00 90.610 $4,983.53 51 Square Yard Seeding,Fertilizing and Mulching 5000 $0.10 $500.00. 1,969.775 $196.98 52 Lump Sum DeWatering 1 $40,000.00 $40,000.00 0.394 $15,758.20 53 Linear Foot Beam Guardrail Type 1 75 $30.00 $2,250.00 29.547 $886.40 54 Each Beam Guardrail Anchor Type 1 1 $1,000.00 $1,000.00 0.394 $393.95 55 Linear Foot Chain Link Construction Fence 125 $10.00 $1,250.00 49.244 $492.44 56 Linear Foot Chain Link Fence,Type 1. 75 $30.00 $2,250.00 29.547 $886.40 57 Each Double 20 FT Chain-Link Gate 1 $1,200.00 $1,200.00 0.394 $472.75 58 Ton Light Loose Riprap 160 $45.00 ..$7,200.00 63.033 $2,836.48 59 Ton Quarry Spalls 320 $45.00 $14,400.00 126.066 $5,672.95 60 Lump Sum PSIPE(Plant Sel.Incl.Plant Estab) 1 $15,000.00 $15,000.00 0.394 $5,909.32 61 Square Yard Cement Concrete Driveway 350 $50.00 $17,500.00 137.884 $6,894.21 62 Linear Foot Paint tine 300 $0.20 .- $60.00 118.186 $23.64 • 63 Square Foot Gravity Block Wall 225 $15.00 $3,375.00 88.640 $1,329.60 64 Each Log Weirs 5 $4,000.00 $20,000.00 1.970 $7,879.10 65 Lump Sum Minor Changes 1 $20,000.00 $20,000.00 0.394 $7,879.10 080321-FINAL-ENGR-EstimalKtI >glflflel h6pplies-Contract shall include tax within theFfii tem price. $1,565,069.00 $616,566.60 03/21/2008 Contingency(10%): $156,506.90 $61,656.66 TOTAL PROJECT COST: 51.721.575.90 $678,223.26 I • CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE STATE PARTICIPATING AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE RIPLEY LANE NORTH STORM SYSTEM IMPROVEMENT PROJECT. WHEREAS, the City of Renton plans to construct the Ripley Lane North Storm System Improvement Project that consists of storm system improvements to convey runoff from a 430 acre basin known as the Gypsy subbasin; and WHEREAS, the storm system improvements are sized to accommodate the surface water runoff conditions based upon future land use condition, including existing and future Washington State Department of Transportation improvements within the 1-405 right-of-way • located in the Gypsy subbasin; and WHEREAS, the storm system improvements benefit both the City of Renton and the Washington State Department of Transportation; and WHEREAS, the Washington State Department of Transportation is willing to provide certain financial assistance for the construction of the Ripley Lane North Storm System Improvement Project; and WHEREAS, it is necessary to document the terms and conditions under which the Washington State Department of Transportation will be committed to this project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. • 1 RESOLUTION NO. SECTION II. The Mayor and City Clerk are hereby authorized to execute the State • Participating Agreement with the Washington State Department of Transportation for the Ripley Lane North Storm System Improvement Project and any and all other agreements necessary to accomplish this project. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. • Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1330:3/24/08:scr • 2 CITY OF RENTON, WASHINGTON • ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2008 BUDGET BY INCREASING THE FUNDS IN THE SURFACE WATER REVENUE ACCOUNT AND EXPENDITURE ACCOUNT IN THE AMOUNT OF $678,223 PURSUANT TO THE STATE PARTICIPATING AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE RIPLEY LANE NORTH STORM T RM SYSTEM IMPROVEMENT PROJECT. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation to the Surface Water revenue and expenditure accounts for the Ripley Lane North Storm System Improvement Project are hereby increased as follows: 2008 2008 Original Budget Adjusted Fund Budget Increase Budget (Revenue Account) WSDOT Revenue 0 $678,223 $678,223 427.000000.000.3380.0095.00.000000 (U65365) (Expenditure Account) Ripley Lane N. Storm System Imp. Project $1,121,800 $678,223 $1,800,023 427.000000.018.5950.0038.63.000000 (U65365) SECTION II. Funds are hereby added to the 2008 Surface Water revenue and expenditure accounts for the Ripley Lane North Storm System Improvement Project. SECTION III. This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. i 1 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2008. • Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: • ORD.145 5:3/26/08:scr • 2 P rPr70 im , Cirri ate 7= Aoo8 ; PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT April 7,•2008 Text Amendment for Monopole'in Residential Zones and Housekeep ing Amendments to Wireless Regulations in all Zones (March 24; 2008), The Planning and Development • Committee recommends .concurrencein the :.staff recommendation to set a public hearing on April 21,.2008. The proposed amendment application would allow Monopole I structures cm a one half acre lotwith,an AdministrativeConditional Use Permit"provided that.they meeta one`'hundred"feet; (100')setback from residential, and create some additional flexibility within the code to allow a lesser setback,with a Hearing Examiner Conditional Use Permit. In the public'right-of-way, + +`J= ra• ould only be allowedon designated arterial":toads. Housekeeping amendments. ou• ld•provide on-subs : e.language corrections;and.cross=references.;" ' : '. _ • r, Chair • Rich Zwicker, Vice`Chair : Gregor,Member . cc: Rebecca Lind Alex Pietsch " ; APPROVED.,BY 1. COUNCIL . PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE.REPORT -, Date;- 7 X008', April 7,2008 r . . Shamrock Annexation Fee Waiver Request , , '. - ._ :: :n : , (3/10/2008 The Planning and: Development Committee recommends c,oncurrence in the staff , - - recommendation,to approve.the waiver of the'$2,500'fee for Shamrock Annexation, and to - keep the issue of the revising the annekation fee .in.Committee.,for further review:'and: r , sY \ - - ' .!Parker, Chair - L'--.--, 't--7-. 1• Rich Zwicker,Vic r . - Greg'T' lor,Member - . .: --. - • : _ - - . . - : : _ -, . - • - cc:- Rebecca Lind Alex Pietsch PLANNING AND DEVELOPMENT COMMITTEE Shamrock Fee Recommendation-doc\ ' Rev 01/68 bh APPROVED 13.Y,. Ci 7.COUNCIL I PLANNING AND DEVELOPMENT COMMITTEE 00 COMMITTEE REPORT• April'7,2008 . . Title IV 2006 Docket Review. 5 X114/2007.). The. Planning- and Development-" Committee recommends: :concurrence_. in. the . "staff recommendation to set a public hearing April 28,2008 for the following docket items:Alleys, • Fast.Food and Towing: Alleys: Proposed changes in the R=8 zone include: implementing parking and loading standards for ".properties abutting an existing paved, and/or crushed rock alley. New - development would be required to locate parking and/or garages in the.side or rear yards with • vehicular access the parking areas through the abutting alley: Fast Food:.Proposed changes include:-allowing fast;food as a stand=alone use, but with no- drive-thrus in the`Center Village and`Center..Downtown-zonesand to allow stand-alone fast food with drive thrus only in the Employment;.Area Valley"'in the Industrial Light zone Definitions are revised for fast'food restaurants and drive'in/drive-through retail/service Towing-Operations%Auto Impoundment Yards:.Proposed:changes include•::1. A.new definition` ' • • for towing operations: 2. In the Industrial. Light zone' allow towing .operationsiauto • impoundment yards within a building. 3,•In the.Commercial Arterial zone'allow`as a shared t . use - a a• •'r/auto body shops and:if the tow truck is .garaged.: In-,both zones tow •ehicles, will be l; ed to.Class • B,and E. ,b Chair. " 'Rich Zwicker Vic, Chair • Greg'I" ,Member' • cc: . Rebecca Lind Alex Pietsch APPROVED ElYar PLANNING AND DEVELOPMENT COMMITTEE t o `NCI!. COMMITTEE REPORT Date it. y' ' '- AprilApril 7,2008 - - City Code Title IV(Development Regulations)Docket The Planning and Development Committee recommends concurrence in the staff recommendation to approve docket item 06-07,Commercial Office Residential(COR)Zone Text Amendments as recommended"by the Planning Commission: The proposed code,amendment would consolidate the existing three commercial office residential(COR)zones into oneCOR zone, The development standards would,.be,amended to include: elimination of the height and density bonus provisions,setting the`minimum density at 30"du/acre"and maximum density at 50 du/acre, and placing two;associated footnotes regarding upper,story setback and facade_modulation in the table. Other code ; changes include striking instances of COR 1,COR 2,"or COR 3 and replacing them with COR --and placing COR in the parking requirements section. Additionally,the COR zone:will be placed in the urban design district C-and with the parking standards for other mixed.use%multi family zoning designations. The Committeefurther recommends that the ordinance regarding - this - tedfor first reading Rich Zwicker, Vice Greg'Tal-or, Member cc: Rebecca Lind • Alex Pietsch • • ArrncI.FD"BY OJNCif. Date 447-44' r 47-44'r COMMUNITY-SERVICES, COMMITTEE REPORT Apri17,.2008 Airport Advisory Committee Appointment (March 17, 2008) _ The Community Services Committee recommends concurrence in Mayor Law's appointment : to the Airport'Advisory Committee,of Lee Chicoine (North Renton Neighborhood primary position)for an:unexpired term expiring on May7, 2010. - - • � - �lr King Parker,Vice Chair • . _ IDS " -" .' ... ." .: , . irYi Randy Cornian, Member. C: ,Ryan Zulauf' Gregg Zimmerman Peter ' qahn AP'rOVET BY CES COUNCIL.: , COMMUNITY SERVICES' Date. 7 AM COMMITTEE REPORT April 7,2008 Renewal of Interlocal Cooperation Agreement - for Regional.Affordable Housing Progam(RAHP) .. 24,2008)(Referred March; The :Community.Services Committee'recommends concurrence in the staff recommendation to, authorize,the Mayor' and City Clerk to renew the;proposed Interlocal Cooperation Agreement for the Regional Affordable Housing Program: The renewal of this Agreement will allow Renton to continue its participationin the planning ptocess for'RAHP funds;which are used for local affordable housing and community .development - purposes, The Committee further recommends that the Resolution regarding this matter be presented for reading and adoption. r " .. Te riere fir g Parker, Vice.Chair. Not In Attendance Randy:Corman,Member C: Karen Bergsvik Terry Higashiyama adre606. oWee CITY OF RENTON, WASHINGTON RESOLUTION NO. 393r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON APPROVING CERTAIN EXPENDITURES FOR REIMBURSEMENT FROM THE PROCEEDS OF DEBT TO BE ISSUED IN THE FUTURE. WHEREAS, the City anticipates constructing large capital projects for the purpose of maintaining its ability to provide needed utility services; and WHEREAS, the City may issue municipal bonds to provide funds for these capital projects (hereinafter, "Reimbursement Bonds"); and WHEREAS, some expenses on the projects will be incurred by the City prior to the issuance of said bonds; and WHEREAS, federal law requires that the City declare its intent to reimburse its expenses from the planned sale of bonds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DOES HEREBY RESOLVE: SECTION I. The above findings are true and correct in all respects. SECTION II. The City of Renton, Washington (the "City") may reimburse the expenditures described herein with the proceeds of debt to be incurred by the City (the "Reimbursement Bonds"). SECTION III. The expenditures with respect to which the City reasonably expects to be reimbursed from the proceeds of Reimbursement Bonds are for the acquisition, construction and equipping the New Maintenance Facility as described in the 2008 Capital Improvement Plan in the approximate amount of$12.5 million. 1 ade-frtiel CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 93 9 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE STATE PARTICIPATING AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE RIPLEY LANE NORTH STORM SYSTEM IMPROVEMENT PROJECT. WHEREAS, the City of Renton plans to construct the Ripley Lane North Storm System Improvement Project that consists of storm system improvements to convey runoff from a 430 acre basin known as the Gypsy subbasin; and WHEREAS, the storm system improvements are sized to accommodate the surface water runoff conditions based upon future land use condition, including existing and future Washington State Department of Transportation improvements within the I-405 right-of-way located in the Gypsy subbasin; and WHEREAS, the storm system improvements benefit both the City of Renton and the Washington State Department of Transportation; and WHEREAS, the Washington State Department of Transportation is willing to provide certain financial assistance for the construction of the Ripley Lane North Storm System Improvement Project; and WHEREAS, it is necessary to document the terms and conditions under which the Washington State Department of Transportation will be committed to this project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 RESOLUTION NO. SECTION II. The Mayor and City Clerk are hereby authorized to execute the State Participating Agreement with the Washington State Department of Transportation for the Ripley Lane North Storm System Improvement Project and any and all other agreements necessary to accomplish this project. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1330:3/24/08:scr 2 Aaa CITY OF RENTON, WASHINGTON RESOLUTION NO. ,19 VO A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE REGIONAL AFFORDABLE HOUSING PROGRAM (RAHP) INTERLOCAL COOPERATION AGREEMENT FOR THE RENEWED AGREEMENT TERM OF JANUARY 1, 2007, THROUGH DECEMBER 31,2011. WHEREAS, in 2002, Substitute House Bill 2060 established a surcharge on a document recording fee in order to support affordable housing projects at the state and local levels; and WHEREAS, an Interlocal Agreement ("Agreement") between King County and certain suburban cities has allocated these funds to affordable income housing projects; and WHEREAS, a Joint Recommendation Committee reviews and adopts the funding allocations, which are targeted by subregional geographic areas; and WHEREAS, the funds are further prioritized by economic need, and by project type, with rehabilitation and/or new construction projects receiving top priority; and WHEREAS, since 2003, the Agreement has supported three major affordable housing projects in the Renton area: 1) the DASH workforce housing development currently under construction at 5th and Williams, 2) the Foundation for the Challenged, which supports a group home for developmentally disabled persons, and 3) Compass Center, which is currently developing plans for a single development that would provide housing and services for veterans in downtown Renton; and WHEREAS,the Agreement has expired, and the new Agreement term will be January 1, 2007, through December 31, 2011; and WHEREAS, it is necessary to document the terms and conditions under which this Interlocal Cooperation Agreement between King County and certain suburban cities will operate; 1 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to sign the Regional Affordable Housing Program Interlocal Cooperation Agreement for the renewed Agreement term of January 1, 2007, through December 31, 2011. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES. 1329:3/18/08:scr 2 CITY OF RENTON, WASHINGTON • ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2008 BUDGET BY INCREASING THE FUNDS IN THE SURFACE WATER REVENUE ACCOUNT AND EXPENDITURE ACCOUNT IN THE AMOUNT OF $678,223 PURSUANT TO THE STATE PARTICIPATING AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE RIPLEY LANE NORTH STORM SYSTEM IMPROVEMENT PROJECT. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation to the Surface Water revenue and expenditure accounts for the Ripley Lane North Storm System Improvement Project are hereby increased as follows: 2008 2008 • Original Budget Adjusted Fund Budget Increase Budget (Revenue Account) WSDOT Revenue 0 $678,223 $678,223 427.000000.000.3380.0095.00.000000 (U65365) (Expenditure Account) Ripley Lane N. Storm System Imp. Project $1,121,800 $678,223 $1,800,023 427.000000.018.5 95 0.003 8.63.000000 (U65365) SECTION II. Funds are hereby added to the 2008 Surface Water revenue and expenditure accounts for the Ripley Lane North Storm System Improvement Project. SECTION III. This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. • 1 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2008. • Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.145 5:3/26/08:scr • 2 WASHINGTON CITY OF RENTON, WASHINGTON • ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 2, ZONING DISTRICTS — USES AND STANDARDS, CHAPTER 3, ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS, CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS, CHAPTER 7, SUBDIVISION REGULATIONS, CHAPTER 8, PERMITS — GENERAL AND APPEALS, AND CHAPTER 9, PERMITS — SPECIFIC, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," TO AMEND THE REGULATIONS REGARDING COMMERCIAL OFFICE RESIDENTIAL ZONE. WHEREAS, the Commercial Office Residential (COR) zone has three separate designations in City code that reflect the unique characteristics of the parcels; and WHEREAS, many of those parcels have been or are being developed and the need for • three separate COR zones no longer exists; and WHEREAS, the area that was zoned COR 3 was rezoned to a different designation and the COR 3 zone is a designation that is no longer used in practice; and WHEREAS, the City seeks to eliminate inconsistencies and unnecessary provisions in Title IV; and WHEREAS, the City seeks to fulfill the vision and objectives of the Comprehensive Plan for the COR zoning designation; and WHEREAS, the City Council held a public hearing on March 24, 2008, having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, • WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. Subsection 4-2-020 0, Commercial/Office/Residential Zone (COR • 1, COR 2, and COR 3), 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 follows: O. COMMERCIAL/OFFICE/RESIDENTIAL ZONE (COR): The purpose of the Commercial/Office/Residential Zone (COR) is to provide for a mix of intensive office; hotel, convention center, and residential activity in a high- quality, master-planned development that is integrated with the natural environment. It is intended to implement the Commercial/Office/Residential Land Use Comprehensive Plan designation. Commercial retail and service uses that are architecturally and functionally integrated are permitted. Also, commercial uses that provide high economic value may be allowed if designed with the scale and • intensity envisioned for the COR Zone. Policies governing these uses are contained in the Land Use Element, Commercial/Office/Residential section of the City's Comprehensive Plan. The scale and location of these sites will typically denote a gateway into the City and should be designed accordingly. Interpretation of uses and project review in this zone shall be based on the purpose statement, objectives, and policy direction established in the Commercial/Office/Residential land use designation, Objective LU-VVV, Policies LU-406 through LU-421, and the Community Design Element of the Comprehensive Plan. SECTION II. Note 23 of Subsection 4-2-080 A, Subject to the Following Conditions of the Conditions Associated with Zoning Use Tables, of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled • 2 ORDINANCE NO. "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as • follows: 23. Limited to existing uses. Only those modifications or expansions which do not increase production levels are permitted in the COR zone. Major modifications, production increases, or expansions of existing use require a Hearing Examiner conditional use permit in the COR zone. SECTION III. Subsection 4-2-120 B, Development Standards for Commercial Zoning Designations, 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 so that the column associated with the COR zone reads as shown in Attachment A. SECTION IV. Subsection 4-2-120 C, Conditions Associated with Development • Standards Tables for Commercial Zoning Designations, 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 so that the text of notes numbered 14, 22, 24, and 25 are hereby amended to read: "Reserved." SECTION V. Notes 6, 8 and 9 of Subsection 4-2-120 F, Conditions Associated with Development Standards Tables for Commercial Zoning Designations, 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 follows: 6. UC-N2 Zone Upper Story Setback: Buildings or portions of buildings which exceed fifty feet (50') in height which are located within one hundred feet (100') • 3 ORDINANCE NO. of a shoreline shall include upper story setbacks for the facade facing the • shoreline and for facades facing publicly accessible plazas as follows: The minimum setback for a fifth story and succeeding stories shall be ten feet (10') minimum from the preceding story, applicable to each story. Projects not meeting the upper story setbacks defined above may be approved through the modification process when superior design is demonstrated pursuant to RMC 4-9-250 D. For a modification to be granted, the project must also comply with the decision and design criteria stipulated in RMC 4-9-250 D 2 and D 4. 8. Shoreline Master Plan Setbacks in the UC-N2 Zone: In the UC-N2 Zone, where the applicable Shoreline Master Program setback is less than fifty feet (50'), the City may increase the setback up to one hundred percent (100%) if the • City determines additional setback area is needed to assure adequate public access, emergency access or other site planning or environmental considerations. 9. UC-N2 Zone Modulation/Articulation Requirement: Buildings that are immediately adjacent to or abutting a public park, open space, or trail shall incorporate at least one of the features in items a. through c. and shall provide item d.: a. Incorporate building modulation to reduce the overall bulk and mass of buildings; or s 4 ORDINANCE NO. b. Provide at least one architectural projection for each dwelling unit of not 1111 less than two feet(2') from the wall plane and not less than four feet (4') wide; or c. Provide vertical and horizontal modulation of roof lines and facades of a minimum of two feet(2') at an interval of a minimum of forty feet(40') on a building face or an equivalent standard which adds interest and quality to the project; and d. Provide building articulation and textural variety. SECTION VI. Subsection 4-3-100 B, Applicability, of the Urban Design Regulations 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 by adding a new subsection 7 to read: • 7. This Section shall apply to all development in the Commercial Office Residential (COR) zone. For the purposes of the design regulations, the zone shall be in District 'C'. SECTION VII. The table in subsection 4-4-080 F 10 e, Parking Spaces Required Based on Land Use, 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" is hereby amended as shown in Attachment B. SECTION VIII. Subsection 4-7-230 A 1, Optional Methods of Subdivision, of Chapter 7, Subdivision Regulations, 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: i 5 • ORDINANCE NO. 1. Optional Methods of Subdivision: To provide an optional process for the • division of land classified for industrial, commercial, or mixed use zones CN, CV, CA, CD, CO, COR, , UC-N1, UC-N2, IL, IM, and IH through a binding site plan as authorized in chapters 58.17 and 64.34 RCW. This method may be employed as an alternative to the subdivision and short subdivision procedures in this Chapter. SECTION IX. Table 4-8-120 C, Submittal Requirements for Land Use Applications, of Chapter 8 Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended so that the row titled "Report on Design Criteria for Modifications" is deleted entirely. SECTION X. Subsection 4-8-120 D 18, Definitions R, of Chapter 8 Permits - • General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended so the definition of"Report on Design Criteria for Modifications" is deleted entirely. SECTION XI. Subsection 4-9-065 B, Applicability, of Chapter 9 Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby to read as follows: B. APPLICABILITY: The density bonus review procedure and review criteria are applicable to applicants who request bonuses in the zones which specifically authorize density bonuses in chapter 4-2 RMC. This Section of chapter 4-9 RMC contains density bonus procedures and review criteria for the R-14 and RM-U Zones. i 6 • ORDINANCE NO. SECTION XII. Subsection 4-9-065 D, Bonus Allowances and Review Criteria, of • Chapter 9 Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by deleting the columns associated with COR 1 and COR 2 entirely. SECTION XIII. Subsection 4-9-200 B 1 b, COR Zones, of Chapter 9 Permits - Specific, 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: b. COR Zone: Master Plan review is required for all development within the COR Zone that is not specifically exempted by subsection C of this Section. SECTION XIV. Subsection 4-9-250 D 3 Additional Decision Criteria Only for Center Office Residential 3 (COR 3) Zone, of Chapter 9 Permits - Specific, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the • City of Renton, Washington" is hereby deleted entirely. SECTION XV. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. • Denis Law, Mayor 7 ORDINANCE NO. • Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1452:3/18/08:scr • • 8 • Attachment A 4-2-120B • DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS COR LOT DIMENSIONS Minimum Lot Size for lots None created after July 11, 1993 Minimum Lot Width/Depth None for lots created after July 11, 1993 LOT COVERAGE Maximum Lot Coverage for 65%of total lot area or 75%if parking is provided within the building or Buildings within a parking garage. DENSITY(Net Density in Dwelling Units per Net Acre) Minimum Net Residential Where a development involves residential,the minimum density shall be 30 Density dwelling units per net acre.9 The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or office areas are utilized in the calculation of density,the City may require restrictive covenants to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. Maximum Net Residential 50 dwelling units per net acre.9 Densit Y The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or office areas are • utilized in the calculation of density,the City may require restrictive covenants to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. SETBACKS Minimum Front Yard18 Determined through site development plan review. Maximum Front Yard" Determined through site development plan review. Minimum Side Yard Along Determined through site development plan review. A Street18 Maximum Side Yard Along Determined through site development plan review. A Street18 Minimum Freeway10ft. Frontage landscaped setback from the property line. Setback Minimum Rear Yard" Determined through site development plan review. Minimum Side Yard's Determined through site development plan review. Clear Vision Area In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030. ON-SITE LANDSCAPING Minimum On-site Determined through site development plan review. Landscape Width—Along the Street Frontage • Minimum On-site Determined through site development plan review. Landscape Width Required • Along the Street Frontage When a Commercial Lot is Adjacent$to Property Zoned • R-1,R-4,R-8,R-10,R-14,or RM Minimum Landscape Width Determined through site development plan review. Required When a Commercial Lot is Abutting' Property Zoned Residential Minimum On-site Determined through site development plan review. Landscape Width Required Along the Street Frontage When a Commercial Zoned Lot is Adjacent$to Property Zoned Commercial,Office or Public/Quasi, i.e.,CN, CV,CA,CD,CO,or COR HEIGHT Maximum Building Height 10 stories and/or 125 ft.6 Maximum Building Height Determined through site development plan review. When a Building is Abutting' a Lot Designated as Residential Maximum Height for See RMC 4-4-140G. Wireless Communication Facilities SCREENING • Minimum Required for See RMC 4-4-095. Outdoor Loading,Repair, Maintenance,Storage or Work Areas; Surface- Mounted Utility and Mechanical Equipment; Roof Top Equipment (Except for Telecommunication Equipment) Refuse or Recycling See RMC 4-4-090. PARKING AND LOADING General See RMC 4-4-080 and RMC 10-10-13. Direct arterial access to individual structures shall occur only when alternative access to local or collector streets or consolidated access with adjacent uses is not feasible. Required Location for NA Parking PEDESTRIAN ACCESS General Determined through site development plan review. SIGNS General See RMC 4-4-100. LOADING DOCKS Location Determined through site development plan review. DUMPSTER/RECYCLING COLLECTION AREA Size and Location of Refuse See RMC 4-4-090. • or Recycling Areas CRITICAL AREAS • General See RMC 4-3-050 and 4-3-090. SPECIAL DEVELOPMENT STANDARDS Design Regulations See RMC 4-3-100 Urban Design Regulations. Upper Story Setbacks Buildings or portions of buildings which exceed fifty feet(50')in height shall include upper story setbacks as follows: The minimum setback for a fifth story and succeeding stories shall be ten feet(10')minimum from the preceding story,applicable to each story. Roofline and Facade Buildings shall provide vertical and horizontal modulation of roof lines and Modulation facades of a minimum of two feet(2')at an interval of a minimum of forty feet(40')on a building face or an equivalent standard which adds interest and quality to the project. 1111 Attachment B 4-4-080F PARKING LOT DESIGN STANDARDS • 10. Number of Parking Spaces Required: e. Parking Spaces Required Based on Land Use: Modification of these minimum or maximum standards requires written approval from the Planning/Building/Public Works Department(see RMC 4-9-250). USE NUMBER OF REQUIRED SPACES Mixed occupancies: (2 or 3 different uses The total requirements for off-street parking in the same building or sharing a lot. For 4 facilities shall be the sum of the requirements or more uses, see "shopping center" for the several uses computed separately, requirements) unless the building is classified as a "shopping center" as defined in RMC 4-11-190. Uses not specifically identified in this Planning/Building/Public Works Department Section: staff shall determine which of the below uses is most similar based upon staff experience with various uses and information provided by the applicant. The amount of required parking for uses not listed above shall be the same as for the most similar use listed below. ':,..10.400,04.68.0;.:0.0'.1$0*0140-,CENOkl)..OW.NT-0**404::.L1P.Ull':-::',7,..:::;', Detached and semi-attached dwellings: A minimum of 2 per dwelling unit. Tandem parking is allowed. A maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. Manufactured homes within a A minimum of 2 per manufactured home site. manufactured home park: Plus, a screened parking area shall be provided for boats, campers, travel trailers and related devices at a ratio of 1 screened space per 10 units. A maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. Congregate residence: 1 per sleeping room and 1 for the proprietor, plus 1 additional space for each 4 persons employed on the premises. Attached dwellings in RM-U, RM-T, 1.8 per 3 bedroom or larger dwelling unit; 1.6 COR, UC-Ni and UC-N2 Zones 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. Attached dwellings within the RM-F 2 per dwelling unit where tandem spaces are Zone: not provided; and/or 2.5 per dwelling unit where tandem parking is provided, subject to the criteria found in subsection F8d of this Section. Attached dwellings within the CV Zone: 1 per dwelling unit is required. A maximum of 1.75 per dwelling unit is allowed. Attached dwellings within all other 1.75 per dwelling unit where tandem spaces zones: are not provided; and/or 2.25 per dwelling unit where tandem parking is provided, subject to the criteria found in subsection F8d of this Section. Attached dwelling for low income or 1 for each 4 dwelling units elderly: RESIDENTIAL,USES>IN THE .CENTER:DOWNTO_V Attached dwellings: 1 per unit. • Attached dwellings for low income or 1 for every 4 dwelling units. elderly: Congregate Residences: 1 per 4 sleeping rooms and 1 for the proprietor,plus 1 additional space for each 4 persons employed on the premises. C:OMMERCIAL`ACTIVITIES'OUTSIDE OFTHE CENTER DOWNTOWN ZONE =_> :, H :PP N ENTERS: AND r XCEPT�S O I G Drive-through retail or drive-through Stacking spaces: The drive-through facility service: shall be so located that sufficient on-site vehicle stacking space is provided for the handling of motor vehicles using such facility during peak business hours. Typically 5 stacking spaces per window are required unless otherwise determined by the Development Services Director. Stacking spaces cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. Banks: A minimum of 0.4 per 100 square feet of net floor area and a maximum of 0.5 per 100 square feet of net floor area except when part • of a shopping center. Convalescent centers: 1 for every 2 employees plus 1 for every 3 • beds. Day care centers, adult day care (I and 1 for each employee and 2 loading spaces II): within 100 feet of the main entrance for every 25 clients of the program. Hotels and motels: 1 per guest room plus 2 for every 3 employees. Bed and breakfast houses: 1 per guest room. The parking space must not be located in any required setback. Mortuaries or funeral homes: 1 per 100 square feet of floor area of assembly rooms. Vehicle sales (large and small vehicles) 1 per 5,000 square feet. The sales area is not a with outdoor retail sales areas: parking lot and does not have to comply with dimensional requirements, landscaping or the bulk storage section requirements for setbacks and screening. Any arrangement of motor vehicles is allowed as long as: •A minimum 5 feet perimeter landscaping area is provided; 'They are not displayed in required landscape areas; and 'Adequate fire access is provided per Fire 1111 Department approval. Vehicle service and repair (large and 0.25 per 100 square feet of net floor area. small vehicles): Offices, medical and dental: 0.5 per 100 square feet of net floor area. Offices, general: A minimum of 3 per 1,000 feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. Eating and drinking establishments and 1 per 100 square feet of net floor area. taverns: Eating and drinking establishment 1 per 75 square feet of net floor area. combination sit-down/drive-through restaurant: Retail sales and big-box retail sales: A maximum of 0.4 per 100 square feet of net floor area, except big-box retail sales, which is allowed a maximum of 0.5 per 100 square feet of net floor area if shared and/or structured parking is provided. Services, on-site (except as specified A maximum of 0.4 per 100 square feet of net below): floor area. Clothing or shoe repair shops, furniture, 0.2 per 100 square feet of net floor area. appliance, hardware stores, household equipment: • • Uncovered commercial area, outdoor nurseries: 0.05 per 100 square feet of retail sales area in addition to any parking requirements for buildings. Recreational and entertainment uses: Outdoor and indoor sports arenas, 1 for every 4 fixed seats or 1 per 100 square auditoriums, stadiums, movie feet of floor area of main auditorium or of theaters, and entertainment clubs: principal place of assembly not containing fixed seats, whichever is greater. Bowling alleys: 5 per alley. Dance halls, dance clubs, and 1 per 40 square feet of net floor area. skating rinks: Golf driving ranges: 1 per driving station. Marinas: 2 per 3 slips. For private marina associated with a residential complex, then 1 per 3 slips. Also 1 loading area per 25 slips. Miniature golf courses: 1 per hole. Other recreational: 1 per occupant based upon 50% of the maximum occupant load as established by the adopted Building and Fire Codes of the City of Renton. Travel trailers: 1 per trailer site. 111/ COMMERCIALACTI;VITIES:WITHIN_'-TH E.C,ENT ER_ DOVNT=OWN ZO_N Convalescent center, drive-through These uses follow the standards applied retail, drive-through service, hotels, outside the Center Downtown zone. mortuaries, indoor sports arenas, auditoriums, movie theaters, entertainment clubs, bowling alleys, dance halls, dance clubs, and other recreational uses. All commercial uses allowed in the CD A maximum of 1 space per 1,000 square feet Zone except for the uses listed above. of net floor area, with no minimum requirement. Shopping centers (includes any type of A minimum of 0.4 per 100 square feet of net business occupying a shopping center): floor area and a maximum of 0.5 per 100 square feet of net floor area. In the UC-N1 and UC-N2 Zones, a maximum of 0.4 per 100 square feet of net floor area is permitted unless structured parking is provided, in which case 0.5 per 100 square feet of net floor area is permitted. Drive-through retail or drive- through service uses must comply with the stacking space provisions listed above. 110 Airplane hangars, tie-down areas: Parking is not required. Hangar space or tie- down areas are to be utilized for necessary parking. Parking for offices associated with hangars is 1 per 200 square feet. Manufacturing and fabrication, A minimum of 0.1 per 100 square feet of net laboratories, and assembly and/or floor area and a maximum of 0.15 spaces per packaging operations: 100 square feet of net floor area(including warehouse space). Self service storage: 1 per 3,500 square feet of net floor area. Maximum of three moving van/truck spaces in addition to required parking for self service storage uses in the RM-F Zone. Outdoor storage area: 0.05 per 100 square feet of area. Warehouses and indoor storage 1 per 1,500 square feet of net floor area. buildings: PlIJ1ftite7OWSIAVIIMACVATIESCf:17; 11; g'6 ,1't Religious institutions: 1 for every 5 seats in the main auditorium, however, in no case shall there be less than 10 spaces. For all existing institutions enlarging the seating capacity of their auditoriums, 1 additional parking space shall be provided for every 5 additional seats provided by the new construction. For all institutions making structural alterations or additions that do not increase the seating capacity of the auditorium, see "outdoor and indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs." Medical institutions: 1 for every 3 beds, plus 1 per staff doctor, plus 1 for every 3 employees. Cultural facilities: 4 per 100 square feet. Public post office: 0.3 for every 100 square feet. Secure community transition facilities: 1 per 3 beds, plus 1 per staff member, plus 1 per employee. � II • Schools: Elementary and junior high: 1 per employee. In addition, if buses for the transportation of students are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. Senior high schools: public, parochial 1 per employee plus 1 space for every 10 and private: students enrolled. In addition, if buses for the private transportation of children are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus Colleges and universities, arts and 1 per employee plus 1 for every 3 students crafts schools/studios, and trade or residing on campus,plus 1 space for every 5 vocational schools: day students not residing on campus. In addition, if buses for transportation of students are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. I • • • Y • • •