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HomeMy WebLinkAboutCouncil 02/12/2007 AGENDA RENTON CITY COUNCIL REGULAR MEETING law February 12,2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATIONS: a City web site b: Renton School District poster contest 4. APPEAL: Planning&Development Committee Report re: Linn Office Landscape Variance INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING State law requi 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. illikee By City Code,and by State law,the City Council may not consider new evidence in this appeal. The parties to theappeal have had au 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 address 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 2/5/2007. Council concur. (CONTINUED ON REVERSE SIDE) b, Admini. ;� fid,Legal Services Department recommends approval of the Benson Hill conte lni `` ! ` petite for annexation,adoption of the resolution calling for an election, ` and transmission of the petition and resolution to King County and the Boundary Review Board. Refer to:Committee of the Whole. , c. Community Services Department recommends approval of a sole source contract with Western Neon,:Inc. in the amount of$30,100(City's share.is$25,000)for the Roxy Theatre neon sign refurbishment and installation in the Renton History Museum. Council concur. d. Development Services Division recommends approval of the release of easements on NE 16th St., which are no longer required,and acceptance of deeds of dedication for additional rights-of- way on NE 16th St. and Lyons Pl.NE in relation to the Windstone IV Short Plat(SHP-05-135). Council concur:. e. Development Services Division recommends approval,with conditions, of the Wedgewood Lane Final Plat(Division 4& 5); 23 single-family lots on 4.88 acres located in the vicinity of NE 10th St.,Hoquiam Ave. NE, and liwaco Pl.NE(FP-06-100). Council concur. (See 10.a. for resolution.) f. Development Services Division recommends approval,with conditions, of the Victoria Pointe Final Plat(FP-06-148);ten single-family lots on 1,69 acres located at 3701 Wells Ave.N. Council concur. (See 10.b. for resolution.) g. Economic Development,Neighborhoods and Strategic Planning Department recommends setting a public hearing on 2/26/2007 to consider the proposed Perkins Annexation and future zoning of the 15.47-acre site located south of SE 95th Pl. and east of 128th Ave. SE, if extended. Council concur. h. Human Services Division requests approval to expand the Human Services Advisory Committee from nine to eleven members. Council concur. (See 10.b. for ordinance.) i. Transportation Systems Division recommends approvalof an addendum to LAG-03-002,airport lease with AirO,Inc.,to increase the building and ground lease rates. Refer to Transportation f Aviation)Committee. j. Transportation Systems Division recommends approval of Supplemental Agreement No. 1 to CAG-06-065,agreement with DMJM Harris/AECOM,for additional services in the amount of $120,726 for the Rainier Ave.S. Improvements(S./SW'7th St. to S.4th Pl.)Project. Council concur. k. Utility`Systems Division requests approval of the approximately ten-week temporary closure of SW 34th St.between Lind Ave. SW and Oakesdale Ave. SW for the SW 34th St. Culvert Replacement Project. Closure to take place between June 2007 and September 2007,with exact dates dependent on work progress. Refer to Transportation(Aviation)Committee. 8. CORRESPONDENCE 9. 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. Finance Committee: Vouchers; Issaquah&Kent School District Impact Fees; Hiring Building Inspector at Step D;Position Reclassifications; Sublease with United Rentals Northwest for Tempter Parks Maintenance Facility b. Planning:&Development Committee: Kennydale Blueberry Farm Comprehensive Plan Anhendment* c. Transportation(Aviation)Committee: Renton Airport Advisory Committee Additional Voting Members*;Agreement with WSDOT for 1-405,1-5 to SR-169 Stage 1 Widening Project*; Agreement with Mimi Associates for 2007 Citywide.Walkway Study 10. RESOLUTIONS AND ORDINANCES R o ui a. Approving Wedgewood Lane Final Plat(Division 4&5); see 7.e. b. Approving Vittoria Pointe Final Plat(see 7.f.) c. Agreement with WSDOT for 1=405,1-5 to SR-169 Stage 1 Widening Project(see 9.c.) (CONTINUED ON NEXT PAGE) 1, 2 04.1.111_1_1 : a. :Kenn . anifproperty rezone from RC to R-4(see 9.b.) b. Adding Me new Members to,Human Services Advisory Committee(see 7.h.) c. Adding two new voting members to Airport Advisory Committee(see 9.c.) Ordinance for second and final reading: Henry Moses Aquatic Center 2007 rates and fees(1st reading 2/5/2007) 11. NEW BUSINESS(Includes Council Committee agenda topics;call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. ADJOURNMENT • COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 6 p.m. East Renton Plateau Election Briefing; Medic One Levy Briefing 1/4104 Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT ii AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM RENTON CITY COUNCIL Regular Meeting February 12,2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; RANDY CORMAN; DON PERSSON; COUNCILMEMBERS MARCI PALMER; DENIS LAW; DAN CLAWSON. MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL EXCUSE ABSENT COUNCILMEMBER TERRI BRIERE. CARRIED. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; ERIKA CONKLING, Associate Planner; MARTY WINE, Assistant CAO; PREETI SHRIDHAR, Communications Director; STEVE DENISON, Application Support Supervisor; AARON OESTING, Systems Librarian; COMMANDER CHARLES MARSALISI, Police Department. SPECIAL Communications Director Shridhar, Application Support Supervisor Denison, PRESENTATIONS and Systems Librarian Oesting gave an update on the launch of the City's new AJLS: City Website Update website. Ms. Shridhar stated that management of the website is a team effort, (rentonwa.gov) with everyone working to achieve goals such as improving the site to better serve the community and reaffirming the City's commitment to customer service. She noted that since the site's soft launch in October 2006, user page views have increased from 437,852 in October to 894,449 in January 2007. Ms. Shridhar reported that the website's promotional launch occurred in January 2007. Since the soft launch, she noted that the site has received several enhancements and improvements, including a redesigned home page, a calendar, live video stream of Renton's cable channel 21, Google search capability, and subscriptions. Ms. Shridhar highlighted various features on the website, including the new calendar. Mr. Denison demonstrated the Google-search engine as well as the subscription system, which enables users to subscribe to a page and receive notice of updates via e-mail. Mr. Oesting reviewed a variety of features on the Community Services Department-related pages. In conclusion, Ms. Shridhar stated that the City intends to continually improve the website, and she urged users to fill-out the online survey to provide feedback about the site. School District: Renton, Poster Jay Leviton, Director of the Career and Life Skills Education Program for the Contest Renton School District, announced that Hazen High School student David Dudas was the winner of the annual poster contest, which is one of many activities taking place to celebrate Career and Technical Education Month in February. He noted that Mr. Dudas earned a scholarship, donated by Greater Kiwanis of Renton, for his winning poster design. • February 12,2007 Renton City Council Minutes Page 42 APPEAL Planning and Development Committee Vice Chair Clawson presented a report Planning&Development regarding the appeal of the Linn office conversion landscape variance. The Committee Committee heard this appeal on 2/8/2007. Applicants Alden and Tisha Linn Appeal: Linn Office appealed the Hearing Examiner's decision denying their landscape and buffer Conversion Landscape variance request. The Committee recommended that the City Council find that Variance,V-06-108 the Hearing Examiner made a substantial error of fact by denying the variance, since the applicants would suffer an undue hardship by precluding any reasonable use of the property, and since there is no evidence of harm to the adjacent residential property. Accordingly,the Committee recommended that the Council overturn the decision of the Hearing Examiner, subject to conditions. The subject property is located at 337 Park Ave. N.,just south of N. 4th St. The site is now zoned Commercial Arterial (CA) and was last used as a single- family residence. There is a residential home located approximately seven feet from the property line. Applicants initially purchased the property to use as an interior design business. Due to changed circumstances, they have a contingent lease on the property for Renton Realty to operate a real estate office subject to the approval of this variance. In changing the use from a residential to a commercial use,the site is required to be brought up to current standards of landscaping and parking. The standards for development in the CA zone require a 15-foot landscape strip along the line that abuts a residential lot. Additionally, this lot would require four onsite parking stalls for the business. Due to the lot size and configuration, the applicants are unable to provide the requisite parking and 15-foot landscape buffer without a variance. The abutting residential neighbor has no objection to the buffer variance. (The residential neighbor located at 337 Park Ave. N. agreed with the Alden's proposal to remove the chain link fence and replace it with a decorative wooden fence on the neighbor's property at the Alden's expense, if the variance is granted.) Pursuant to City Code 4-8-110F(5) and (6),the Committee's decision and recommendation is limited to the record, which consists of,but is not limited to, the Hearing Examiner's report,the notice of appeal, and the submissions by the parties. After reviewing the record and the submissions by the parties,and having heard oral argument by both Alden Linn and the City's Development Services Director Neil Watts, the Committee hereby recommended as follows: that the variance be granted subject to replacement of the chain link fence with a decorative wooden fence on the residential neighbor's property (at the applicant's expense), consistent with the parameters set forth in the City staff's report to the Hearing Examiner dated 10/10/2006, Section I - Recommendation, Nos. 1 and 2. Further,that the variance is only valid as to types of business or uses with a maximum of 25 average daily trips per day (calculated on ITE Trip Generation procedures).* Councilmember Clawson added that without the variance, the only way to access the property is from the alley, and only a couple of parking spaces are possible due to the landscape requirement. *MOVED BY CLAWSON, SECONDED BY PALMER, 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 2007 and beyond. Items noted included: February 12,2007 Renton City Council Minutes Page 43 * Tickets are now on sale for The Winter Kids Concert Series to be held at Carco Theatre. Enjoy storyteller Nana Kibbi on February 20, and a performance of"Goin' Someplace Special"by Book It Repertory Theatre on February 23. * The City of Renton has been recognized for excellent financial reporting by the Government Finance Officers Association of the United States and Canada for its fiscal year 2005 Comprehensive Annual Financial Report. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL SUSPEND THE RULES AND ADVANCE TO THE PLANNING AND DEVELOPMENT COMMITTEE REPORT REGARDING THE KENNYDALE BLUEBERRY FARM COMPREHENSIVE PLAN AMENDMENT. CARRIED. Planning&Development Planning and Development Committee Vice Chair Clawson presented a report Committee regarding the Kennydale Blueberry Farm Comprehensive Plan amendment and Comprehensive Plan: 2006 rezone request. The Committee recommended concurrence in the staff Amendments, Kennydale recommendation to deny the request for an amendment to the Comprehensive Blueberry Farm Plan map. The property should remain in the Residential Low Density land use designation. The Committee also recommended the following: • The property be rezoned to Residential-4 units per acre (R-4); • Special attention be paid to protecting the critical areas on this site at such time as this property applies for development permits; and • Special attention be paid to impacts from those nearby parcels upon the critical areas on this property as the parcels around this property apply for development permits. The Committee further recommended that the ordinance regarding this matter be presented for first reading.* (See page 47 for action.) At the request of the Planning and Development Committee, Associate Planner Conkling conducted a presentation on the matter. She reviewed why the property owner applied for a rezone to R-8 or R-4 from Resource Conservation (RC), and described the land use changes that have occurred over the years in the surrounding areas. Ms. Conkling explained that the RC zone was created in 1992 to protect and preserve lands for semi-rural use. The farm was rezoned RC in 1993 to protect the agricultural use from land use changes. In 1995, the RC zone was amended to minimize the effect of agriculture on urban land uses. Ms. Conkling reported that a mapped wetland is shown on the property,that a Class 4 stream runs along the east and north sides, and that the headwaters of Kennydale Creek, which runs into Lake Washington, are attributed to this area. She pointed out that limited, disturbed wetlands have been delineated in portions of the mapped area north of the farm, but no formal delineation or analysis has been done on the blueberry farm site. Ms. Conkling indicated that any wetlands on the site would likely be classified as Type II; therefore,the mapped wetland and buffer would leave 1.15 developable acres on this 3.4-acre parcel. Continuing, Ms. Conkling stated that staff recommends denial of the Comprehensive Plan map amendment from Residential Low Density(RLD) land use designation to Residential Single Family (RS) and subsequent zoning to R-8. She said none of the purposes of the RS designation would be served by rezoning the farm and R-8 zoning could not be achieved on this parcel. Ms. Conkling explained that the purpose of the RLD designation is the development February 12,2007 Renton City Council Minutes Page 44 of lower intensity residential uses where land is constrained by sensitive areas. The RC, R-1, and R-4 zones implement the RLD designation. Ms. Conkling reviewed the mapping criteria for the RLD designation,pointing out that Comprehensive Plan Policy LU-135 guides the mapping of RC and R-1 zones in situations where developable area is non-contiguous,or allowed density could not be expressed due to critical areas. The blueberry farm developable area is consolidated and could reasonable be developed for one to four dwelling units, depending on the extent of the wetland once delineated. Ms. Conkling stated that the purpose of the R-4 zone is promotion of single- family residences in urban neighborhoods with amenity open spaces. She noted that a minimum density is not required in the R-4 zone. She compared the R-4 zone to the RC zone. Features of R-4 zoning include: development standards application will likely result in one additional dwelling unit,property will have to subdivided to build another unit, and subdivision will result in full delineation of the wetland and it would be set aside as a Native Growth Protection Easement. Ms. Conkling reviewed the features of RC zoning, as follows: an accessory dwelling unit(ADU) that is not limited in size is allowed, the ADU could be built without invoking the subdivision regulations and the protections of a Native Growth Protection Easement, and uses that may be undesirable such as professional dog kennels or commercial stables are allowed. She stated that the property does not meet the criteria for R-1 zoning, pointing out that at either RC or R-1 zoning, the undevelopable area is likely to be treated as a very large yard. In conclusion, Ms. Conkling relayed staffs recommendation to rezone the blueberry farm property to R-4. In response to Councilmember Corman's inquiries, Ms. Conkling indicated that a Native Growth Protection Easement prevents development of the wetland, and ownership of that wetland area depends on what happens with the subdivision process. AUDIENCE COMMENT There was general consensus to separate the audience comment regarding the Kennydale Blueberry Farm from audience comment on other topics, and to allow those speakers to talk first. Citizen Comment: Rider- Susan Rider, 1835 NE 20th St., Renton, 98056, indicated her desire for a 2006 Comprehensive Plan hydrology study for the Kennydale Blueberry Farm property,saying that a Amendments, Kennydale zoning decision is being made without knowing the extent of the wetland. Ms. Blueberry Farm Rider questioned why R-1 zoning was acceptable for the East Renton Plateau Potential Annexation Area, which requires a wetland study to justify requests for rezoning to R-4. Emphasizing that critical areas ordinances are not providing adequate protection, Ms. Rider stated that development is taking precedence over wetland protection. Citizen Comment: Hicks- Barb Hicks, 10402 151st Ave. SE,Renton, 98059, objected to the rezone of the 2006 Comprehensive Plan Kennydale Blueberry Farm from RC to R-4,pointing out that the rezone is for Amendments,Kennydale the personal gain of the applicant and is not in the interest of the citizens of Blueberry Farm Renton. She inquired as to why a wetland study was not required for the rezone application. Ms. Hicks noted there was need for code enforcement efforts on R- 4-zoned property contiguous to the blueberry farm for unauthorized activities, and expressed concern that the blueberry farm wetland will suffer the same fate. She pointed out that a majority of the concerned parties object to the rezone. In response to Councilmember Corman's inquiry regarding protection of the property, Economic Development Administrator Pietsch agreed that the risk is February 12,2007 Renton City Council Minutes Page 45 the same whether zoned RC or R-4. Councilmember Clawson pointed out that the wetland will be protected if the property is set aside as a Native Growth Protection Easement. He stated that the City has no authority to force the applicant to conduct a wetland delineation. Mr. Pietsch noted that the property is unique; however, he expressed concern regarding expending public funds on a study that only benefits this specific property owner. He stated staffs preference that the study occur if and when a subdivision proposal comes forth. Citizen Comment: O'Connor- William O'Connor, 10402 151st Ave. SE, Renton, 98059,questioned why the 2006 Comprehensive Plan Kennydale Blueberry Farm owner cannot be forced to conduct a wetland study, Amendments, Kennydale when property owners in the East Renton Plateau Potential Annexation Area are Blueberry Farm required to do so if they want to rezone. He noted that those against the rezone far outnumber those who support the rezone. Mr. O'Connor indicated that R-4 zoning raises the expectation of the potential buyer of the property, and the potential owner will seek as much density as possible. Citizen Comment: Finnicum- Karen Finnicum, 1302 Aberdeen Ave. NE, Renton, 98056, objected to changing 2006 Comprehensive Plan the Kennydale Blueberry Farm's zoning without having more knowledge about Amendments,Kennydale the critical areas. Pointing out that the blueberry farm is still viable, she said the Blueberry Farm property should remain zoned at RC. She stressed that the property must be protected, as the effect of its loss to the environment is great. Citizen Comment: Cowan - John Cowan, 1830 NE 24th St., Renton, 98056, noted that Kennydale Creek, 2006 Comprehensive Plan which empties into Lake Washington, is the only creek in Renton where the Amendments, Kennydale headwaters are located in Renton. He stated that the Kennydale Blueberry Farm Blueberry Farm should not be rezoned without sufficient wetland studies. Mr. Cowan indicated that the City should pay for the study since it will benefit future generations. Citizen Comment: Cave- 2006 Robert Cave, 1813 NE 24th St., Renton, 98056, voiced his doubt that R-4 Comprehensive Plan zoning for the Kennydale Blueberry Farm will protect the wetland any better Amendments, Kennydale than the current RC zoning. Mr. Cave urged Council to vote against rezoning Blueberry Farm the property to R-4. Citizen Comment: Linda Middlebrooks, 510 Seneca Ave. NW, Renton, 98057, stated that after Middlebrooks-2006 learning more about wetlands and the critical areas on the Kennydale Blueberry Comprehensive Plan Farm property, it does not make sense to her that the property would be better Amendments, Kennydale protected if it were upzoned to R-4. Blueberry Farm Mayor Keolker noted the completion of the testimony regarding the Kennydale Blueberry Farm for those who signed up to speak. It was noted that additional citizens wanted to comment on the topic. MOVED BY LAW, SECONDED BY PERSSON, COUNCIL ALLOW FURTHER COMMENT ON THE TOPIC OF THE BLUEBERRY FARM AT THIS TIME TO BE FOLLOWED BY THOSE WHO SIGNED UP TO SPEAK ON OTHER TOPICS. CARRIED. Councilmember Corman voiced his favor for protecting the wetland on the Kennydale Blueberry Farm property, noting that portion of the property could potentially be brought into public ownership at an affordable price. Citizen Comment: Petersen- Inez Somerville Petersen,PO Box 1295, Renton, 98057, stated that R-4 zoning 2006 Comprehensive Plan is not the answer for the Kennydale Blueberry Farm; the answer is a tighter RC Amendments,Kennydale zone to prevent it from being used for dog kennels. She claimed that the 2006 Blueberry Farm Comprehensive Plan amendments public hearing at the 9/20/2006 Planning Commission meeting was not valid. Ms. Petersen expressed her frustration in being unable to obtain minutes of the Planning Commission meeting, as well as February 12,2007 Renton City Council Minutes Page 46 the Commission's report to Council regarding its recommendations. Without the report, she said any related adopted ordinances are illegal. Ms. Petersen stated that the matter of the blueberry farm needs further study, and she asked that the ordinance not be adopted tonight. Citizen Comment: Johnson- Arland "Buzz" Johnson, 334 Wells Ave. S.,#306, Renton, 98057, stated his 2006 Comprehensive Plan preference for R-4 zoning for the Kennydale Blueberry Farm because of the Amendments,Kennydale possibility that the property could be used as a dog run or stable under its Blueberry Farm current zoning. Mr. Johnson questioned why the City cannot have the property owner conduct a wetland assessment before a decision is made on the zoning. Citizen Comment: Natelson- In response to the inquiry of Debbie Natelson, 801 Renton Ave. S., Renton, 2006 Comprehensive Plan 98057,regarding requiring a delineation if the zoning does not change, Amendments,Kennydale Councilmember Corman indicated that the future purchaser of the property will Blueberry Farm want to ascertain the wetland boundary. He commented that the sooner the study occurs, the less risk there is that the area will be damaged. Mr. Corman inquired about the possibility of an informal or approximate delineation. Economic Development Administrator Pietsch stated that informally it is known that a wetland is present on the property, and he noted that the exact boundary is not needed to determine the zoning. He explained that at the time of subdivision,the City has the mechanism to require a delineation. Mr. Pietsch estimated the cost of a wetland study to be $5,000 to $10,000. Continuing with her comments, Ms. Natelson emphasized that the cost of a delineation is small compared to the cost of regional flood and salmon control. She pointed out that low-impact development is mimicking the functions of a peat bog,which is already present on the property. Ms. Natelson stated that the Kennydale Creek headwaters need protection, and she urged Council to think about the big picture, as a wetland and peat bog cannot be created again. Councilmember Corman indicated that the solution of breaking off the sensitive area seems ideal. He stated that although it would be nice to have a mechanism in place to require a wetland delineation when a property rezone is requested, adding that condition now is unconstitutional. Councilmember Clawson commented that the Planning and Development Committee's recommendation on this matter directs staff to pay special attention as to how the non-critical area portion of the property is developed. He stated that the Committee is concerned about the property, and believes that R-4 zoning is the best way to protect this property given the current laws. Mr. Clawson expressed concern that a precedent will be set if the City pays for a delineation. He noted that the potential City purchase of the blueberry farm has been referred to Committee of the Whole. He further noted that the issue of hydrology needs to be taken into consideration in future City regulations. Councilmember Palmer indicated that given the current circumstances,R-4 zoning provides the best protection. She expressed her desire to protect the blueberry farm, and noted the difficulty of the decision. Councilmember Law said he wants more time to explore the following questions: 1) Should the City conduct the study given the uniqueness of the property; and 2) Should the City acquire some of the property. Councilmembers Corman and Persson agreed that the City should pursue the possibility of purchasing the wetland portion of the blueberry farm. Mr. Corman noted that the delineation could be offered as part of the compensation. February 12,2007 Renton City Council Minutes Page 47 Council President Nelson pointed out that the City will have to maintain the blueberry farm property if purchased. Councilmember Clawson noted that if the property is set aside as a Native Growth Protection Easement, not much maintenance is required and restoration of the property is possible. *MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL TABLE THE PLANNING AND DEVELOPMENT COMMITTEE REPORT REGARDING THE KENNYDALE BLUEBERRY FARM UNTIL THE NEXT COUNCIL MEETING AND IN THE MEANTIME THE COMMITTEE WILL MEET AGAIN ON TOPIC.* Councilmember Palmer suggested that the matter be referred to Committee of the Whole. Councilmember Corman expressed his support for further information and discussion regarding delineation of the property, saying that the property needs to be protected while it is in its current state. MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL AMEND THE MOTION TO REFER THE MATTER TO THE COMMITTEE OF THE WHOLE AND TABLE THE PLANNING AND DEVELOPMENT COMMITTEE REPORT REGARDING THE KENNYDALE BLUEBERRY FARM UNTIL THE NEXT COUNCIL MEETING. CARRIED. *MAIN MOTION CARRIED AS AMENDED. Citizen Comment: McCammon Dave McCammon, 17221 125th Ave. SE, Renton, 98058, a resident of the - Benson Hill Communities Benson Hill communities, voiced support for annexation of the area to Renton. Annexation, S 200th St& Expressing hope that financial aid from King County and the State will assist 128th Ave SE the City in this regard, he asked Council to adopt a resolution as soon as possible so that the issue can be placed on the November 2007 ballot. Citizen Comment: Charnley - Don Charnley, 15291 Maple Dr., Renton, 98058, thanked Council for Wonderland Estates Mobile supporting the residents of the Wonderland Estates Mobile Home Park in their Home Park,Annexation effort to change the property's zoning and to annex to Renton. He invited everyone to the mobile home park's Saturday pancake breakfast fundraisers. Citizen Comment: LaRosee- Bernard LaRosee, 16204 114th Ave. SE, Renton, 98055, speaking on behalf of Benson Hill Communities the Benson Hill Communities Progress Group, pointed out the positive response Annexation, S 200th St& of most residents towards annexation of the area to Renton. He noted the 128th Ave SE timeliness of the matter, and expressed support for Council's approval of the annexation resolution. Citizen Comment: Carpenter- Tom Carpenter, 15006 SE 139th Pl., Renton, 98059, referring to quality of life East Renton Plateau PAA, issues in regard to the East Renton Plateau,posed the following question: Quality of Life Under growth management, what is the role of the potential annexing city when an area is unincorporated inside the urban growth boundary. He discussed the provision of services, annexation funding issues, and the roles of the counties and cities. Mr. Carpenter said he is the chair of the Four Creeks Unincorporated Area Council, which represents residents of the unincorporated areas. He reported that the Four Creeks Council is meeting with King County officials regarding the build out of the area and the permitting processes. He encouraged Renton not to step too far back from this matter, as the City still needs to be involved in the question of what role it plays as a potential annexing city. Citizen Comment: Walker- Kristie Walker, 3233 NE 12th St.,#301, Renton, 98056, introduced herself as a McKnight Middle School an 8th grade teacher at McKnight Middle School, and reported that a history History Day Competition day competition took place last week. She explained that 48 students spent two months creating 27 history projects on topics of their choosing,which were judged by community members. Ms. Walker announced that 29 students with February 12,2007 Renton City Council Minutes Page 48 11 projects have advanced to the regional history day competition on March 22. She presented Mayor Keolker and Council President Nelson with thank you notes from the students for their participation in the judging process. Citizen Comment: Walker- Sir Colin Walker, 3233 NE 12th St.,#301, Renton, 98056, stated that he is the Cedric Condominium president of the Sir Cedric Condominium Homeowners Association Board of Redevelopment, Highlands Directors. He reported on the status of the condominium complex's renovation Area project, displaying before and current photographs of the complex. Mr. Walker thanked the City for its support of the project, noting that he has been working with Neighborhood Coordinator Norma McQuiller on a neighborhood grant application. In response to Councilmember Corman's inquiry, Mr. Walker said the$1.5 million project was funded by individual unit owners through a lump-sum special assessment ranging from $28,000 to $33,000 per unit. RECESS MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9:20 p.m. The meeting was reconvened at 9:26 p.m.; roll was called; all Councilmembers present except Briere previously excused. 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 2/5/2007. Council concur. 2/5/2007 Annexation: Benson Hill Administrative,Judicial and Legal Services Department recommended approval Communities, S 200th St& of the Benson Hill communities 10%petition for annexation and adoption of the 128th Ave SE resolution calling for an election;2,438 acres located in vicinity of SE 161st St., SE 158th St., 128th Ave. SE, 108th Ave. SE, SE 192nd St., and S. 200th St. Refer to Committee of the Whole. Community Services: Community Services Department recommended approval of a sole source Museum, Roxy Theatre Sign contract with Western Neon, Inc. in the amount of$30,100(City share is Installation, Western Neon $25,000) for the Roxy Theatre neon sign refurbishment and installation in the Renton History Museum. Council concur. Development Services: Development Services Division recommended approval of the release of Windstone IV Short Plat, easements on NE 16th St., which are no longer required, and acceptance of Release of Easements,ROW deeds of dedication for additional rights-of-way on NE 16th St. and Lyons Pl. Dedications, SHP-05-135 NE in relation to the Windstone IV Short Plat. Council concur. Plat: Wedgewood Lane Development Services Division recommended approval, with conditions, of the (Division 4 & 5),NE 10th St, Wedgewood Lane Final Plat(Division 4 and 5); 23 single-family lots on 4.88 FP-06-100 acres located in the vicinity of NE 10th St.,Hoquiam Ave. NE, and Ilwaco Pl. NE. Council concur. (See page 50 for resolution.) Plat: Victoria Pointe, Wells Development Services Division recommended approval, with conditions,of the Ave N, FP-06-148 Victoria Pointe Final Plat; ten single-family lots on 1.69 acres located at 3701 Wells Ave. N. Council concur. (See page 51 for resolution.) Annexation: Perkins, SE 95th Economic Development,Neighborhoods and Strategic Planning Department P1 & 128th Ave SE recommended setting a public hearing on 2/26/2007 to consider the proposed Perkins Annexation and future zoning of the 15.47-acre site located south of SE 95th Pl. and east of 128th Ave. SE, if extended. Council concur. February 12,2007 Renton City Council Minutes Page 49 Human Services: Advisory Human Services Division requested approval to expand the Human Services Committee Member Increase Advisory Committee from nine to eleven members. Council concur. (See page to Eleven 51 for ordinance.) Airport: AirO Lease, Transportation Systems Division recommended approval of an addendum to Addendum#1, LAG-03-002 LAG-03-002, airport lease with AirO, Inc., to increase the building and ground lease rates. Refer to Transportation (Aviation) Committee. CAG: 06-065, Rainier Ave S Transportation Systems Division recommended approval of Supplemental Improvements (7th to 4th) Agreement No. 1 to CAG-06-065, agreement with DMJM Harris/AECOM, for Design, DMJM Harris additional services in the amount of$120,726 for the Rainier Ave. S. Improvements (S./SW 7th St. to S. 4th Pl.)Project. Council concur. Streets: SW 34th St Closure, Utility Systems Division requested approval of an approximately ten-week SW 34th St Culvert temporary closure of SW 34th St. between Lind Ave. SW and Oakesdale Ave. Replacement Project SW for the SW 34th St. Culvert Replacement Project. Closure to take place between June 2007 and September 2007, with exact dates dependent on work progress. Refer to Transportation (Aviation) Committee. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending Finance Committee concurrence in the staff recommendation to approve a three-year sublease Community Services: Parks agreement for a temporary Parks Maintenance Facility with United Rentals Maintenance Facility Sublease, Northwest, Inc., for property at 1100 Bronson Way N. in the amount of United Rentals Northwest $382,691, which includes an allowance for estimated utility charges,necessary tenant improvements, and move expenses. Funds can be appropriated from the 316 Reserve Fund through an ordinance. The Committee further recommended that the Mayor and City Clerk be authorized to sign the sublease agreement. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Development Services: Finance Committee Chair Persson presented a report recommending Building Inspector-Electrical concurrence in the staff recommendation to authorize the hiring of a Building Hire at Step D Inspector- Electrical position (Grade a21) at Step D of the salary schedule, retroactive to 1/1/2007. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Impact Fees, Issaquah Finance Committee Chair Persson presented a report regarding the Issaquah and &Kent School Districts Kent School District impact fees. The Committee recommended concurrence in the staff recommendation to approve an increase in the school mitigation impact fee collected on behalf of the Issaquah School District. The fee shall be increased to $6,136 per new single-family home. The Committee recommended concurrence in the staff recommendation to approve the collection of a school mitigation fee on behalf of the Kent School District. This fee shall be in the amount of$4,928 per new single-family home. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Persson presented a report recommending approval of Claim Vouchers 256208 -257082 and three wire transfers totaling $7,897,716.61; and approval of Payroll Vouchers 67359 - 67517, one wire transfer, and 641 direct deposits totaling$2,115,873.93. MOVED BY • February 12,2007 Renton City Council Minutes Page 50 PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Human Resources: Finance Committee Chair Persson presented a report recommending Reclassifications (Eight concurrence in the staff recommendation to approve reclassification of positions Positions) and pay ranges for the Finance and Information Services, Community Services, Planning/Building/Public Works,and Police Departments that do not require additional 2007 Budget appropriation as follows: Payroll Analyst(new position Lead Payroll Analyst- move to a13 after incumbent retires), grade nil to n13, $2,616 budget change 2007; Museum Supervisor(new title Museum Manager),grade n12 to m22, $5,484 budget change 2007; Community Relations Specialist(new title Community Relations&Events Coordinator- this position becomes FLSA exempt),grade n15 to m22, $4,668 budget change 2007; Grounds Equipment Mechanic,grade a13 to a15, $2,736 budget change 2007; Vehicle& Equipment Mechanic (three incumbents), grade a13 to a15,$8,208 budget change 2007; Lead Vehicle & Equipment Mechanic (two incumbents), grade a17 to a19, $6,048 budget change 2007; Secretary I (Transportation Division-new position Secretary II), grade a05 to a07, $2,220 budget change 2007. The above changes are effective 1/1/2007. Domestic Violence Victim Advocate,grade pn60 to pn61, $2,628 budget change through 2006. The above change is effective 1/1/2006. This reclassification will not require additional budget appropriations. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Palmer presented a report Committee recommending concurrence in the staff recommendation to approve the Transportation: 2007 Citywide consultant agreement with Mirai Associates, Inc. in the amount of$75,849 for Walkway Study,Mirai the 2007 Citywide Comprehensive Walkway Study. MOVED BY PALMER, Associates SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Airport: Advisory Committee, Transportation(Aviation) Committee Chair Palmer presented a report Two Additional Voting recommending concurrence in the staff recommendation to approve the addition Members of two voting members to the Airport Advisory Committee, one representing Mercer Island and the other representing the Washington Pilots' Association, Green River Chapter. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 51 for ordinance.) RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution #3855 A resolution was read approving the Wedgewood Lane Final Plat(Division 4 Plat: Wedgewood Lane and 5); approximately 4.88 acres located in the vicinity of NE 10th St., (Division 4 &5),NE 10th St, Hoquiam Ave. NE, and Ilwaco P1.NE. MOVED BY CLAWSON, FP-06-100 SECONDED BY LAW, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. • February 12,2007 Renton City Council Minutes Page 51 Resolution#3856 A resolution was read approving the Victoria Pointe Final Plat; approximately Plat: Victoria Pointe, Wells 1.69 acres located in the vicinity of 3701 Wells Ave. N. MOVED BY Ave N, FP-06-148 CLAWSON, SECONDED BY LAW, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 2/26/2007 for second and final reading: Human Services: Advisory An ordinance was read amending Section 2-12-3, Appointment, of Chapter 12, Committee Member Increase Human Services Advisory Committee, of Title II (Commissions and Boards)of to Eleven City Code by adding two new members. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/26/2007. CARRIED. Airport: Advisory Committee, An ordinance was read amending Section 2-17-2, Membership, of Chapter 17, Two Additional Voting Airport Advisory Committee, of Title II (Commissions and Boards) of City Members Code by adding two new voting members. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/26/2007. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance#5258 An ordinance was read amending Section 5-1-7, Aquatic Center Admission Community Services: Henry Fees, of Chapter 1, Fee Schedule, of Title V(Finance and Business Moses Aquatic Center Fees Regulations)of City Code by setting 2007 rates and fees for the Henry Moses Aquatic Center. MOVED BY LAW, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL REFER Planning: Minimum THE ISSUE OF MINIMUM ANNEXATION SIZES TO THE COMMITTEE Annexation Sizes OF THE WHOLE. CARRIED. AUDIENCE COMMENT Diane Paholke, 243 W. Perimeter Rd., Renton, 98057, said at a previous Citizen Comment: Paholke- Council meeting she expressed concern regarding the erosion of the ridge she Downed Trees, Erosion resides on in the Liberty Ridge development. Ms. Paholke reported that City staff investigated the matter,provided her with a list of trees to plant, and apprised her of the ownership of the property, which is her homeowners association. She indicated that she was well treated, and the information will help her to take care of the matter. Citizen Comment: Petersen- Inez Petersen, PO Box 1295, Renton, 98057, thanked Council for the discussion 2006 Amendments, Kennydale concerning the Kennydale Blueberry Farm, expressing her happiness that the Blueberry Farm issue will be revisited. Ms. Petersen stated that she will forward to Council case law from the Growth Management Hearings website concerning critical areas. EXECUTIVE SESSION MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS AND ADJOURNMENT INTO EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES TO DISCUSS POTENTIAL LITIGATION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 9:52 p.m. February 12,2007 Renton City Council Minutes Page 52 Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 10:30 p.m. Ggq Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann February 12, 2007 • RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING February 12, 2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COUNCIL RETREAT WED., 2/28 & Business Plan Update; THURS., 3/01 Regional Transportation; 8 a.m. to 5 p.m. Annexation Policy; *Spirit of WA Highlands Phase II Priorities & Process; Event Center, Airport Development Plan; 233 Burnett Ave. City Level of Service; S.* Capital Improvement Priorities; Economic Development Opportunities; Emergency Management COMMITTEE OF THE WHOLE MON., 2/19 No Meeting (Presidents' Day) (Nelson) MON., 2/26 Kennydale Blueberry Farm; 5 p.m. New Park Naming; Benson Hill Communities Annexation COMMUNITY SERVICES (Corman) FINANCE MON., 2/26 Vouchers; (Persson) 4 p.m. Business License Billing Cycle PLANNING & DEVELOPMENT THURS., 2/15 Appeal on Matters of Standing and (Briere) 1 p.m. Jurisdiction Regarding The Landing PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) WED., 2/21 Temporary Closure of SW 34th St.; (Palmer) 4 p.m. AirO, Inc. Airport Lease Addendum; SR-169 Widening Project (briefing only); SW 27th St./Strander Project (briefing only); Local and Regional Transportation Issues Update UTILITIES THURS., 2/15 Wyman Latecomer Agreement (Clawson) 3:30 p.m. 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. RENTON RENTON . * Interdepartmental team responsrnle for managing site • 30-40 Sub Webmasters acid content Special Presentation • Web Team met weekly to provide dirr,cf!r,�� Renton City Council Christy Anderson Steven Denison,Be :�c,: Beth H .!i.; George Mi:Bnde Nr!i rn C:ting Mork Sa!,;.., pebniary 12 2007 johnsen,Str_,rry Zenith.P; n, Sundhur t RENTON' RENTON 15 Old Rt, • Improve thr nay s website to better serve the communityPage views • Renton's face to the world-reflect Renton's • Oct. '05 - 204,970 __ ..., ' image vision iniss,.an and messages • Nov. '05 - 189,253 ."." t • Decentrai:oe content,:reaho!t end • Dec. '05 - 19,992 �_ a. nuarr:_rr;ert!ent t u rtreatr;r efficiency • ian. 't?b - 242,390 :: • R .affirm cirunatment to customer service make it easier to do business with the city ;.r-:...,... '._,.._.. - 1 .., -........ ... _____---__ • - . ,a0R••••.7-1-, --. ---.....„ - '' --- ,' .-.;• • R E N TO N —.....„ R E N'IF 0 Niffr Phased 1,..;:)4Un.i'• • October 2006 - -Soft Launch" ge ,Pev,,', _ ._ .__ ..._______... _ ,,._. - Opportunity to obtain ',eedback troth users • Oct. '00 - 137,052 ; - — - — thronan online survey .. . 11 • Nov, "00 - ::149 /66 . , _._ , - Tiine tor aadition.'il knr>roveinefit', • Doc 06 -45-'4,360 .assL.V1--4%,- - -- a . enhancements • Jan. 1)7 - 804,440 !•;1;:'r: .,,,, • January 2007 - "Promotional Launch" .i....:7, .5... i era,'enhancements and implei.ements ..,, 'F. ',.;:!..,',.. ' ,' ,,...•.-,-:%:, . ',. `YY 6'..,*,..4.k.'7.-.-...;:„*.',...t.'.:..:::':... .i.i.ei,,4; f.. , ..i - RENTON' RENTON :::39,';f-3i,,r' L Wjiz-,..f e P 1t1) fiy) - Ease of navigation , • City Source article • Consisti i,„y . . 2...-. , .. - r 0- ,.. ' • Renton Reporter -., . • Redesigned the home page story as aa."-asi.'"i".''''''''''"aa. • Calendar ik, sa • Utility bill insert • Renton Live channel 21 l " - " - ....,,... . • Press release L --- .::.:._,.: MUM'S X% ' • Home page feature • Google Search • Subscriptions 2 RENTON RENTON Updated 1:-,r11!IC`, sarve - COntirit/e kither/f7pLlt 3,,u!177,1kr,'IMprOLrinents Ongoing trainirkg & coordination with content providers 3 PLANNING & DEVELOPMENT COMMITTEE CErt COUNCIL COMMITTEE REPORT Date 0?-/02_02O07 February 12, 2007 Appeal of LINN OFFICE CONVERSION LANDSCAPE VARIANCE File LUA 06-108, V-H Referred to P&D Committee on November 20, 2006 The Planning and Development Committee ("Committee") heard this appeal on February 8, 2007. Applicants Alden and Tisha Linn appealed the Hearing Examiner's Decision denying their landscape and buffer variance request. The Committee recommends that the City Council find that the Hearing Examiner made a substantial error of fact by denying the variance, since the Applicants would suffer an undue hardship by precluding any reasonable use of the property, and since there is no evidence of harm to the adjacent residential property. Accordingly, the Committee recommends that the Council overturn the decision of the Hearing Examiner, subject to conditions. The subject property is located on 337 Park Avenue N,just south of N 4th Street. The site is now zoned Commercial Arterial ("CA") and was last used as a single-family residence. There is a residential home located approximately seven feet from the property line. Applicants initially purchased the property to use as an interior design business. Due to changed circumstances, they have a contingent lease on the property for Renton Realty to operate a real estate office subject to the approval of this variance. In changing the use from a residential to a commercial use, the site is required to be brought up to current standards of landscaping and parking. The standards for development in the CA zone require a 15-ft. landscape strip along the line that abuts a residential lot. Additionally, this lot would require four onsite parking stalls for the business. Due to the lot size and configuration, the Applicants are unable to provide the requisite parking and 15-ft. landscape buffer without a variance. The abutting residential neighbor has no objection to the buffer variance.' Pursuant to RMC 4-8-110F(5) and (6), the Committee's decision and recommendation is limited to the record, which consists of, but is not limited to, the Hearing Examiner's Report, the Notice of Appeal and the submissions by the parties. After reviewing the record and the submissions by the parties, and having heard oral argument by both Mr. Alden Linn and the City's Development Services Director Neil Watts, the Committee hereby recommends as follows: I The residential neighbor located at 337 Park Avenue North agreed with the Alden's proposal to remove the chain link fence and replace it with a decorative wooden fence on the neighbor's property at the Alden's expense, if the variance is granted. Planning and Development Committee Report Appeal of Linn variance,LUA 06-108,V-H p. 2 That the variance be granted subject to replacement of the chain link fence with a decorative wooden fence on the residential neighbor's property (at the Applicants' expense), consistent with the parameters set forth in the City Staff's Report to the Hearing Examiner dated October 10, 2006, Section I—Recommendation, Nos. 1 and 2. Further, the variance is only valid as to types of business or uses with a maximum of 25 average daily trips per day(calculated on ITE Trip Generation procedures.) \tit/04, .7(2,1"....64x: Tern Briere, Chai sClec'k Dan Clawson,Vice Chair (Th12 f Marcie Palmer,Member cc: Neil Watts Jennifer Henning Lawrence J.Warren Fred kqu4man .s, Y Q,� ADMINISTRATIVE, JUDICIAL, AND • 0 . LEGAL SERVICES DEPARTMENT �- NTO MEMORANDUM DATE: February 12, 2007 TO: Toni Nelson, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: COMMUNITY SERVICES DEPARTMENT • The Recreation Division hosted the annual Preschool Information Night on Tuesday, February 6th, from 6:30 to 8:00 p.m. at the Renton Community Center. Nearly 300 people attended the event, which was designed to allow local preschools to share information regarding their curriculum, hours, tuition, and registration process. • Tickets are now on sale for The Winter Kids Concert Series to be held at Carco Theatre. Enjoy storyteller Nana Kibbi at 1:00 p.m. on Tuesday, February 20th, and a performance of"Goin' Someplace Special" by Book It Repertory Theatre at 1:00 p.m. on Friday, February 23rd. Tickets are $2.00 for each one-hour performance. For more information, call 425-430-6700 or visit the Carco Theatre page on the City's website at www.rentonwa.gov. FINANCE AND INFORMATION SERVICES DEPARTMENT • The City of Renton has been recognized for excellent financial reporting by the Government Finance Officers Association of the United States and Canada (GFOA) for its fiscal year 2005 Comprehensive Annual Financial Report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting and recognizes Renton's "spirit of full disclosure" in communicating its financial story. The City has received this award every year since 1995. a« /27i, Gaon • PLANNING AND DEVELOPMENT COMMITTEE ArP,')VED COMMITTEEE REPORT CIL Date A. February 12, 2007 /WV, .►`.i'ored KennydaIe Blueberry Farm Comprehensive Plan Amendment and Rezone Request (Referred June 5, 2006) The Planning and Development Committee recommends concurrence in the staff recommendation to deny the request for an amendment to the Comprehensive Plan map. The property should remain in the Residential Low Density(RLD) land use designation. The Committee also recommends the following: • The property be rezoned to Residential-4 units per acre(R-4); • Special attention be paid to protecting critical areas on this site at such time as this property applies for development permits; and • Special attention be paid to impacts from those nearby parcels upon the critical areas on this property as the parcels around this property apply for development permits. The Committee further recommends that"thG"o±dinance regarding this matter be presented for first reading on February 12, 2007. 7f74/ctote.: \:;pfe444/. Terri,Briere, Chair (06-/ t/ Dan Clawson, Vice Chair 112 Marcie Palmer, Member cc: Larry.Warren Alex Pietsch Rebecca Lind Neil Watts Greg Zimmerman t �Y. Blul Briefing eberry Farm Rezone City Counci • February 2007 K r attBackground ",. ! {Application for Rezone All lands designated Residential Low Density(RLD)were The applicant's rezone request is based on: reviewed last year RC zoning has failed to protect the farm from During the review,the Blueberry Farm owners stated surrounding land uses their intention to discontinue operation of the farm Consideration of a rezone was tabled until formal Current spot zoning application was made Comprehensive Pian Vision directs development Owners applied for a rezone to R 8 or R 4 in December at higher densities than one unit per ten acres 2005 SEPA appeal was filed in November 2006,so the issue Farm owners have found that blueberry farming was tabled by the Planning and Development Committee is no lunger a viable business for them in this SEPA appeal was withdrawn in January 2007 location 1 { Resource Conservation Zone rX ;� ��Land Use Changes f Changes Development has occurred at R-8 intensity In 1992 the RC zone was created to protect.and There has been an increase in impervious preserve lands for semi-rural use surface and storm water runoff Blueberry Farm was zoned RC in 1993 to New sewer infrastructure was installed and protect the agricultural use from land use Higate lift station removed changes Cam-West dewatered their parcels-In order to r construct the Heritage Glen plat In 1995 the RC zone was amended to minimize Hydrology changes may have affected the the effect of agriculture on urban land uses MIPPviability of the agricultural use �a Potential Critical Areas }' , Potential Wetland S Mapped wetland shown !` — i- Limited,disturbed wetlands have been on the property,but no 1 "- i.:._ delineated in portions of the mapped area north formal delineation done . i I i ^y of the Farm Class four stre m-ru sin 1.- I 1 i along east and north 1 _ a'yl a ," likely compromised the mapped wetland area Headwaters of Kennydale ; ,21.1. '` ® • ' i WSDOT aerial photo analysis suggests the Farm Creek,which erns to Lake Washington,are ; '!'' i.-- ` may be restorable to peat wetland conditions attributed to this general ti i$-L• � h area 4 +, No formal delineation or analysis has been done f ' ,a �wh on the Blueberry Farm site 2 Mapped Developable Area Residential Single Family Land Use Designation Any wetlands on site Purpose of this designation includes: building would likely be classified large subdivisions, rehabilitating existing as Type II because they are less than 1.o acres in housing, providing infill size and•partt�f the; k None of,_the purposes of the RSF designation Headwaters of Kennydale would be served by.rezoning the Farm I Creek. R-8 zoning could not be achieved on this parcel ... If type two,the-mapped : wetland and buffer leaves Recommend denial of'request for RSl land use 1.15 developable acres and R-8 zoning. RIM B YF d Residential Low Density Land Use Mapping Criteria for the RLD Designation Designation Purpose of the RLD designation: development of Policy LU-135 guides the mapping of RC and R-1 lower intensity residential uses where land is zones in situations where developable area is constrained by sensitive areas non-contiguous, or allowed density could not be Three zones implement the RLD designation: expressed, due to critical areas RC, R-1, R-4 Blueberry farm developable area is consolidated C and could reasonably developed for one to four dwelling units,depending on the extent of the a wetland once delineated. 3 i ,.�iIls. .�,R Zoning � R-4� : Zoning vs. RC Zoning __-orifi/: Purpose of the R-4 zone:promotion of single Application of R-4 RC zoning allows for an p, p development standards — accessory dwelling unit, family residences in urban neighborhoods with will likely result in one which is not limited in size amenityopn Spaces additional.dwelling unit ADU could be built without Properly would have to invoking the subdivision R-4 allows for lower intensity residential uses to he subdivided to build regulations and the provide maximum protection for critical areas, another unit protections of a Native Subdivision would result Growth Protection while still acFiieving urban densities in full delineation of Easement No minimum density requirement in the R-4 wetland and it would be RC zoning allows for uses set aside as a Native that may be undesirable: zone Growth Protection professional dog kennels, Easement commercial stables,or professional B&B Why not R-1 zoning? Recommendations 1t doesn't meet the criteria for R-1 zoning according to Deny Comprehensive Plan Amendment for the Policy Lu i35 Blueberry Farm-the property best meets the k size Due to the likely of the wetland area,the R-1 zone policies of the Residential Low Density Land Use functions essentially the sarne as the RC zone because designation there is no potential.for subdivision Rezone the property R-4,which best complies At either RC or R-1 zoning the undevelopable area is with the Comprehensive Plan and provides the likely to be treated as a very large yard=which is more best options for protection of the potential likely to result in progressive loss of the potential natural resources on the site wetland resource,than if the property were subdivided and the wetlands put into a Native Growth Protection Easement 4 CITY OF RENTON COUNCIL AGENDA BILL I AI#: ob ; i410.00, Submitting Data: For Agenda of: February 12, 2007 Dept/Div/Board.. AJLS Staff Contact Marty Wine, Assistant CAO, x6526 Agenda Status Consent Subject: Public Hearing.. Benson Hill Communities Notice of Intent to Correspondence.. Commence Annexation 10%Petition Ordinance Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Certificate of Sufficiency—Benson Hill Communities Information Annexation(File No. A-06-002) Draft Resolution Recommended Action: Approvals: Refer to Committee of the Whole Legal Dept X Finance Dept Other kiliose Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: A citizen's group pursuing annexation of the Benson Hill communities to the south and east of current city limits(population+/- 16,500)have collected sufficient valid voter signatures to submit a 10%Notice of Intention to Commence Annexation proceedings petition to the City of Renton. The City received the petition on January 19, 2007. Under RCW 35A.01.040, Council must pass a resolution within 60 days notifying the petitioners of its approval or rejection. A public hearing on the petition is optional. STAFF RECOMMENDATION: Approve the petition for annexation, adopt the resolution calling for an election, and authorize the Mayor and City Clerk to transmit the petition and resolution to the Clerk of the King County Council, King County Records and Elections, and the State of Washington Boundary Review Board for King County. kiiree Rentonnet/agnbill/ bh (cY0ECONOMIC DEVELOPMENT, "` C.) � NEIGHBORHOODS, AND STRATEGIC • • PLANNING DEPARTMENT MEMORANDUM DATE: February 7, 2007 TO: Tony Nelson, Council President Members of the Renton City Council VIA: J lathy Keolker, Mayor FROM: X, Alex Pietsch, Administrator STAFF CONTACT: Rebecca Lind ext. 6588/Don Erickson ext. 6581 SUBJECT: Benson Hill Communities Annexation— 10% Petition ISSUE: Should the Council support the proposed annexation of approximately 2,438-acres of the Benson Hill Area(Attachment 1,Proposed Benson Hill Communities Annexation Map)by adopting a resolution calling upon King County to hold an election asking residents +om,r whether they support or oppose annexation? Proponents have named the annexation the Benson Hill Communities Annexation(BHCA). RECOMMENDATION: The Administration recommends that Council pass a resolution accepting the 10%Notice of Intent petition and calling for an election on the proposed annexation in the fall of 2007 without requiring simultaneous adoption of zoning or requiring voters to assume their proportionate share of the City's outstanding bonded indebtedness. This recommendation is based on the following information and policies: 1) Fiscal analysis indicates that the City will experience a negative fiscal impact from this annexation, at an estimated amount of$340,000 in 2005 dollars. However, the size of this annexation qualifies for the receipt of approximately.1 percent of state sales taxes collected locally for five years after annexation, which would help offset the potential financial loss to the City. Annexation of this portion of Renton's PAA is a first step to the eventual annexation of Renton's southern PAA. These cost and revenue estimates will be updated and refined into a transition plan that would show how City departments plan to provide City services if the area chose to annex. 2) The proposal is consistent with Renton Comprehensive Plan annexation policies. 3) The proposal appears to be consistent with Boundary Review Board(BRB) criteria. 4) The proposal appears to be consistent with Countywide Planning Policies. mmoisirommimmionimmiaw Tony Nelson,Council President February 7,2007 Page 2 of 4 5) The City's current voter approved bond for the Housing Terrace Senior Housing is expected to be retired in early 2009 at the about the same time the City would begin collecting its share of property taxes from the area if it annexes. Therefore, there is no need to place the question of bonded indebtedness on the ballot for this annexation. 6) The decision on future zoning would be more reasonably decided by the City Council after prezoning public hearings and community input, rather than being placed treated as a ballot issue. That decision would be made prior to the effectuation of the annexation and preferably before the election. BACKGROUND: On December 7, 2006, the City received a 10%Notice of Intent to Commence Annexation Proceedings petition from annexation proponents calling upon the Council to hold a public meeting on the issue of annexation. The Notice of Intent petition specifically asks the Council to decide: • whether the City will accept or reject the proposed annexation, • whether it wishes to ask voters to consider the simultaneous adoption of proposed zoning, and • whether it wishes to ask voters to consider paying all or any portion of the City's outstanding indebtedness incurred prior to or existing at the date of annexation. King County Elections and Records certified the 10%Notice of Intent petition, submitted with more than 800 signatures and needing 415 signatures of registered voters to be valid, on January 23, 2006. Under State law,the City is required to adopt a resolution within 60 days of certification of the petition, notifying petitioners of its approval or rejection of their call for an election on the issue of annexation. The proposed public hearing on March 12, 2007, is within the mandated 60-day period called for under state law. If the Council agrees to call for an election, the City will pay for the cost. The cost of an election is calculated by multiplying the number of registered voters times the current King County charge per registered voter. The King County charge varies from year to year, and could be reasonably estimated to be $3 to $4 per registered voter. The Council cannot change the boundaries as it would with an annexation using the assessed valuation method, although the Boundary Review Board can modify boundaries during that portion of the review process. If the Council were to decide not to support this annexation, it would have to do so by resolution. Renton Comprehensive Plan Compliance: Staff believes that the proposed BHCA is in compliance with relevant City annexation policies, specifically Policy LU-36, Availability of infrastructure; Policy LU-37, Contiguous land available for urbanization; Policy LU-38, Future improvements to City services; and Policy LU-42, Environmental quality and urban separators. It is also consistent with Countywide Planning Policy LU-32, Providing for annexation within potential annexation areas. The text of these policies and rationale for compliance with H:\EDNSP\PAA\Annexations\Benson Hill Communities\Issue Paper#1.doc Tony Nelson,Council President February 7,2007 Page 3 of 4 each is provided (see Attachment 2, Comprehensive Plan Annexation Policies and Countywide Planning Policies). Boundary Review Board Objectives: The 2,438-acre annexation area is within Renton's PAA and appears to comply with relevant Boundary Review Board objectives. It has reasonable boundaries, preserves natural neighborhoods and communities, creates and preserves logical service areas, and provides for annexation of unincorporated areas, which are urban in character. In this case, over 50 percent of the area's boundary is determined by Renton's corporate boundary (north and west portions) and over 25 percent of the area is defined by the Renton/Kent PAA boundary(southern portion). The proposed annexation also includes existing neighborhoods without splitting them. Areas where current annexations are underway were excluded. These include the Anthone' Annexation in the southwest corner and the Hudson Annexation in the northwest corner. Based upon these boundaries, staff believes that the proposed 2,438-acre annexation is generally consistent with relevant Boundary Review Board objectives. Outstanding Indebtedness: The City's only outstanding bonded indebtedness is for the senior housing bond for Houser Terrace. Retirement of this bond is expected in early 2009, at about the same time property taxes would begin to be collected on behalf of the City, if the annexation were approved. The City currently collects 0.7861 cents per$1,000 of assessed valuation to pay ,. off this voter approved bond. Because the City would not begin collecting property taxes in this area until 2009, when this bond is expected to be retired, little would be gained by placing this issue on the ballot. In addition, approval of such an issue requires a super majority of 60 percent of those voting and a number of votes equal to at least 40 percent of those who voted in the last general election. Zoning: State law gives annexing cities using the election method the authority to place the issue of zoning on the ballot. The Administration is recommending that the issue of future zoning not be placed on the ballot. Renton's Comprehensive Plan shows this area predominantly Residential Single Family (RS), which translates into R-8 zoning (eight du/net acre). There are approximately 107.3 acres designated Residential Low Density(RLD), which allows RC (one du/ten acres), R-1 (one du/net acre), or R-4 (four du/net acre)zoning. The proposed annexation site also contains approximately 200.3 acres designated Residential Medium Density(RMD), and 90.7 acres designated Residential Multi-family(RMF). RMD allows either R-10 (10 du/net acre) or R-14 (14 du/net acre) zoning and RMF in this area allows RM-F zoning(20 du/net acre). There are also approximately 71.2 acres designated Commercial Corridor (CC), which most likely would be zoned Commercial Arterial, upon annexation. Staff recommends that these Comprehensive Plan land use designations and their zones be '4'r"'' reviewed this year with prezoning to be completed prior to an election. Prezoning will H:\EDNSP\PAA\Annexations\Benson Hill Communities\lssue Paper#1.doc Tony Nelson,Council President February 7,2007 Page 4 of 4 require at least two public hearings and a recommendation will be prepared with specific mapping of the various areas. If the election fails, the prezoning will still be in place and zoning could be applied at the time of any future annexation. Additional issues: The BHCA raises other issues such as transference of service responsibilities, addressing fiscal impacts, staffing, and governance that Council does not need to take action on at this time. These issues will be brought back to Council for direction, as more information is prepared about service provision and the timing of a possible transition. CONCLUSION: The proposed 2,438-acre annexation appears to comply with relevant BRB objectives including reasonable boundaries, logical service areas, coherent neighborhoods, and the annexation of areas that are urban in character. It also appears to comply with relevant City Comprehensive Plan annexation policies. While there is expected to be a first-year negative fiscal impact from this annexation of between$340,000 and$681,000, depending on how these costs are accounted for.' SSB 6686, adopted in 2006 and effective July 1, 2007, provides for up to 0.1 percent of the state sales tax collected locally to be applied towards these costs for up to ten years after annexation. With an estimated population of 16,100, the annexation would exceed the minimum 10,000 residents required under SSB 6686, and would provide Renton with funding to offset differences in revenues and expenditures to serve the area. There are also efficiencies to be gained from annexing a .44000 larger area such as this since zoning, transference of service responsibilities, addressing fiscal impacts, staffing, and governance issues can be handled in a more coherent manner than the same area being annexed incrementally over a 10- or 15-year period. The Administration therefore recommends that the 10%petition be accepted, transmitted to the BRB and King County, and that an election be held so that voters within the estimated 2,438-acre Benson Hill Communities Annexation area can determine whether they wish to come into the City at this time as part of a larger annexation or remain in unincorporated King County. 'Berk&Associates 2005 estimate indicated that the costs of serving this area would exceed revenues by an estimated$340,000 per year. This assumes the City would capitalize the costs of new facilities for new City NIS staff and not treat facility costs as an annual expense. 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Etati.• .0 hJ 11: ■1_ . ■�I :9::iliw► ��� _ 'i' am.n. ne_■ `w.•\` u: � ••I• ■�•�L/ / Niroposed Benson Hill Communities Annexation T • Economic Development,Neighborhoods&Strategic Planning Alex Pietsch Administrator v , C.E.Feasel Annexation Boundary • 15 December 2006 ATTACHMENT 2 COMPREHENSIVE PLAN ANNEXATION POLICIES: The proposed annexation also is supported by a number the annexation policies in the City's Comprehensive Plan. These include the following policies: Policy LU-36. Encourage annexation where the availability of infrastructure and services allow for the development of urban densities. Renton should be the primary service provider of urban infrastructure and public services in its Potential Annexation area,provided that the City can offer such services in an efficient and cost-effective manner. Because Renton is the designated sewer service provider for the area and currently provides fire services under contract to Fire District 25, which serves most of the area, Renton continues to be the logical service provider for the proposed 1,475-acre annexation area. It is anticipated that Renton will be able to provide these and other services such as road maintenance, surface water management, and parks and recreation in an efficient and cost-effective manner. Policy LU-37. The highest priority areas for annexation to the City of Renton should be those contiguous with the boundaries of the City such as: 1) Lands that are available for urbanization under county comprehensive plan, zoning, and subdivision regulations; and 2) Developed areas where Renton is able to provide basic urban services and local governance to an existing population. The subject 1,475-acre annexation site is contiguous to the City's boundary along portions of its westerly and northern boundary. A majority of its boundary is defined by the Urban Growth Area boundary(virtually everything west of 156th Avenue SE). The subject area is available for urbanization under County policies, zoning, and development regulations and would continue to be under Renton's Comprehensive Plan policies, zoning and development regulations. Policy LU-38. Support annexations that would result in future improvements to City services or eliminate duplication by service providers. Services include water, sanitary sewer, storm water drainage, utility drainage basins, transportation,park and open space, library, and public safety. The City is the designated sewer service provider for this area and currently issues certificates of sewer availability to County residents. King County is currently negotiating with the City regarding the transference of County parklands if the annexation is successful. The City would develop these as parks and open space. Upon annexation the City would also take over from Fire District 25 those areas within its portion of the annexation area. Since the City currently provides fire prevention and H:\EDNSP\PAA\Annexations\Benson Hill Communities\Issue Paper Att 2.doc ATTACHMENT 2 suppression services to the area under contract with Fire District 25, there should be no noticeable change in service for residents. Policy LU-42. Support annexations of lower density areas where it would protect natural resources or provide urban separator areas. The proposed annexation includes everything east of 156th Avenue SE to the Urban Growth Area boundary. Renton's proposed zoning is more consistent with existing levels of development and would do more to protect existing treed areas than County zoning. The City is also looking at the possibility of lower density R-1 zoning in the more environmentally sensitive areas east of 176th Avenue SE. COUNTYWIDE PLANNING POLICIES: Policy LU-32. A city may annex territory only within its designated potential annexation area. All cities shall phase annexations to coincide with the ability for the city to coordinate the provision of a full range of urban services to areas to be annexed. Nar.• H:\EDNSP\PAA\Annexations\Benson Hill Communities\Jssue Paper Att 2.doc `40 King County Records, Elections and Licensing Services Division CERTIFICATE OF SUFFICIENCY THIS IS TO CERTIFY that the petitions, originally submitted on December 11, 2006, to the King County Records, Elections and Licensing Services Division,for the Benson Hill Annexation Petition, have been examined and the signatures thereon carefully compared with the registration records of the King County Records, Elections and Licensing Services Division, and as a result of such examination,found to be sufficient under the provisions of the Revised Code of Washington SMC 1.10.110 and 35A.01.040. Dated this 23rd day of January 2007 ames J Buck, Interim Director CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, CALLING FOR THE ANNEXATION, BY ELECTION, OF CONTIGUOUS UNINCORPORATED TERRITORY TO THE CITY OF RENTON AND REFERRED TO AS THE BENSON HILL COMMUNITIES ANNEXATION; STATING THE NUMBER OF REGISTERED VOTERS RESIDING THEREIN AS NEARLY AS MAY BE; CALLING FOR AN ELECTION ON NOVEMBER 6, 2007, TO SUBMIT TO VOTERS OF THE TERRITORY THE PROPOSAL FOR ANNEXATION; AND AUTHORIZING THE CITY CLERK TO FILE WITH THE KING COUNTY BOUNDARY REVIEW BOARD A NOTICE OF INTENTION AS WELL AS TO FILE A CERTIFIED COPY OF THIS RESOLUTION WITH THE BOARD OF COUNTY COMMISSIONS OF KING COUNTY AND THE KING COUNTY BOUNDARY REVIEW BOARD, AND TO TAKE THOSE ACTIONS NECESSARY TO PLACE PROPOSITION 1 BEFORE THE VOTERS, INCLUDING THE PREPARATION OF INFORMATION FOR THE VOTER'S PAMPHLET. WHEREAS, a citizen's group currently pursuing potential annexation of the Benson Hill Communities Area to the City of Renton, has submitted a 10%Notice of Intention to Commence Notre Annexation proceedings to the City; and WHEREAS, the Benson Hill Communities Area, consisting of approximately 2,438 acres, is located within the City of Renton's established Potential Annexation Area; and WHEREAS, the King County Records, Elections and Licensing Services Division certified the petition as having signatures representing at least ten percent of the registered voters who voted in the 2005 general election; and WHEREAS, the City Council of the City of Renton, Washington, has determined that it would be in the best interests and general welfare of the City of Renton to annex the property within Renton's established Potential Annexation Area generally bounded by the City of Renton corporate boundary on the west and north, SE 192nd Street and S 200th Street on the south, and on the east, 108th Avenue SE, the eastern edge of Boulevard Lane Park, the western edge of ',tow 1 RESOLUTION NO. Boulevard Lane Division No. 2, and 128th Avenue SE, if extended, but including Renton Park and Charles Lindberg High School, as legally described in Exhibit "A"attached hereto and incorporated by reference as if fully set forth; and WHEREAS, the City Council is desirous to call for an election for this annexation; 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. As nearly as can be determined the number of voters residing in the aforesaid territory is 7,446. SECTION III. The City Council hereby calls for an election to be held on November 6, 2007,pursuant to Chapter 35A.14 RCW, to submit to the voters of the aforesaid territory the proposal for annexation. SECTION IV. The cost of said annexation election shall be paid by the City of Renton. SECTION V. The City Clerk shall file a certified copy of this Resolution with the Board of County Commissioners of King County, Washington and with the King County Boundary Review Board. SECTION VI. The City Clerk shall also file with the King County Boundary Review Board a Notice of Intention hereof as required by RCW 36.93.090 et seq. SECTION VII. The City Clerk is authorized and directed to take those actions necessary to place Proposition 1 before the voters in the November 6, 2007, election, for the Benson Hill Communities Annexation. 2 RESOLUTION NO. SECTION VIII. The City Attorney has prepared the following ballot title for Proposition 1. 'err The City Clerk is authorized to transmit this ballot title to King County Division of Records and Elections: PROPOSITION 1 ANNEXATION TO THE CITY OF RENTON The Renton City Council received a petition to annex property to the City of Renton and passed a resolution calling for an election on the question. This measure would authorize annexation of that property, generally referred to as the Benson Hill Communities Annexation Area, to the City of Renton. Shall that area in unincorporated King County known as the Benson Hill Communities Annexation Area, as legally described in the above-mentioned resolution, be annexed to the City of Renton? ❑ For Annexation ❑ Against Annexation SECTION IX. The Mayor is authorized and directed to take those actions necessary to place the information regarding Proposition 1 in the November 6, 2007, election voter's Nov pamphlet. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1239:2/7/07:ma 3 NIS BENSON HILL ANNEXATION LEGAL DESCRIPTION The lands included within the subject annexation are situated in parts of, Sections 21, 27, 28, 29, 31, 32 and 33 in Township 23 North, and Sections 5 and 6 in Township 22 North, all in Range 5 East, W.M., in King County, Washington, said annexation area being more particularly described as lying within the following described boundary: Beginning at the intersection of the northeasterly right of way margin of the City of Seattle Cedar River Pipe Line and the existing City of Renton Limits Line as annexed under Ordinance No.1961 in the southeast quarter of said Section 21; Thence southeasterly along said northeasterly right of way margin, crossing SE 160th Street, to the south line of said subdivision; Thence westerly, along said south line, crossing the Cedar River Pipe Line Right of Way and 128th Place SE, to the southwest corner of said subdivision said southwest corner also being the northeast corner of the west half of the Northeast quarter of said Section 28; Thence southerly along the east line of said subdivision, crossing the City of Seattle Pipe , 4404 Line Right of Way and SE 161st Street, to an intersection with the northerly right of way margin of SE 164th Street; Thence westerly along said northerly right of way margin, to the point of intersection with a perpendicular line passing through the westernmost point of curvature of the arc defining the northeastern boundary of Lot 8, Block 3 of the Plat of Cascade Vista No. 5, as recorded under Volume 68 of Plats, Page 65, records of King County, Washington; Thence southerly along said perpendicular line, to the southerly right of way margin of SE 164th Street and the north line of said Lot 8; Thence southeasterly and southerly along the eastern boundary of said Lot 8, to the southeast corner thereof, said southeast corner also being on the north line of the South half of the Northeast quarter of said Section 28; Thence easterly along said north line, crossing 128th Avenue SE, to an intersection with the east line of said Section 28; Thence southerly along said east line, to the northwest corner of"Tract A", Fairwood Park Division 7, as recorded under Volume 116 of Plats, Pages 88 through 90, records of King County, Washington in said Section 27; 9/27/2006 1 Thence generally easterly, southerly, westerly and southerly along the various courses of ,, said "Tract A", to a point on the northerly right of way margin of SE Petrovitsky Road (John Petrovitsky Road Ext. No. 1401), in the Southwest quarter of the Southwest quarter of said Section 27; Thence southwesterly, westerly and northwesterly along the various courses of said northerly right of way margin, crossing 129th Avenue SE, and the northwesterly extension of said northerly right of way margin, to an intersection with the southerly extension of the easterly right of way margin of 128th Avenue SE, in the Southeast quarter of the Southeast quarter of said Section 28; Thence southerly along said southerly extension, crossing SE Petrovitsky Road, to an intersection with the southeasterly extension of the southerly right of way margin thereof; Thence northwesterly along said southeasterly extension, crossing 128thAvenue SE, to the Northwest corner of that portion of 128thAvenue SE dedicated per deed under King County Rec. No. 20000913001594 and on the westerly right of way margin of 128thAvenue SE; Thence southeasterly and southerly along said westerly right of way margin, to an intersection with the east line of the west half of the Southeast quarter of said Section 28; Thence southerly along said east line, to the southeast corner of said subdivision said southeast corner also being the northeast corner of the Northwest quarter of the Northeast quarter of said Section 33; Thence southerly along the east line of said subdivision, to the southeast corner thereof, said southeast corner also being the northwest corner of the Southeast quarter of the Northeast quarter of said Section 33; Thence easterly along the north line of said subdivision, to an intersection with the northeasterly right of way margin of the Puget Sound Power& Light Transmission right of way; Thence southeasterly along said northeasterly right of way margin, to an intersection with the northeasterly extension of the southeasterly lines of Lots 2 and 3, King County Short Plat No. 779163R, recorded under King County Rec. No. 8105060679; Thence southwesterly along said extension and the southeasterly lines of said lots, to an intersection with the northeasterly line of Lot 1, King County Short Plat No. C1077001, recorded under King County Rec. No. 7806080590; Thence northwesterly and southwesterly along the northeasterly and northwesterly lines of said Lot 1, to the most westerly corner thereof, said corner also being a point on the south line of Lot 2 of said short plat; 9/27/2006 2 • Thence westerly along said south line, to the northeast corner of Lot 4, King County Short Plat No. 775088, recorded under King County Rec. No. 7710200755; *40004 Thence southwesterly along the east line of said Lot 4 to the southeast corner thereof, said corner also being on the northwesterly line of Boulevard Lane Division No. 2, as recorded under Volume 82 of Plats, Pages 20 and 21, records of King County, Washington; Thence continuing southwesterly along said northwesterly line, and southerly along the westerly line of Boulevard Lane Division 1, as recorded under Volume 80 of Plats, Pages 89 and 90, records of King County,Washington, to the westernmost southwest corner of said plat, said southwest corner also being on a line 1073.56 feet north of and parallel with the south line of the Southeast quarter of said Section 33; Thence westerly along said parallel line, to a point 300.00 feet easterly of the west line of said subdivision, as measured perpendicular therefrom; Thence southeasterly to the point of intersection of a line 422 feet east of and parallel with the west line of said subdivision and a line 300 feet north of and parallel with the south line of said subdivision; Thence southerly, parallel with the west line of said subdivision, to a point on the northerly right of way margin of SE 192"d Street, said northerly right of way margin being 50 feet northerly of the south line of said Section 33 and the centerline of SE 192nd Street; Thence westerly along the various courses of said northerly right of way margin, crossing 120thAvenue SE, 116` Avenue SE, 114th Place SE and 113th Way SE to its intersection with the easterly right of way margin of State Route 515, said intersection being 40 feet right of Station 270+50 per Washington State Department of Highways, Right of Way Plan SR 515 MP 3.87 to MP 5.15, Renton Vicinity: SE 196th to Carr Road, Sta 257+00 to Sta 283+00, Sheet 2 of 4 Sheets in said Section 32; Thence westerly, crossing State Route 515 (108th Avenue SE), to a point 40 feet left of Station 270+40 per said Right of Way Plan; Thence southerly along the various courses of said westerly margin, crossing SE 192nd Street, SE 196th Street and SE 199th Street, to the northerly margin of SE 200th Street in said Section 5; Thence westerly along the various courses of said northerly right of way margin, crossing 106thAvenue SE, 105th Avenue SE and 104th Avenue SE, to its intersection with the existing City of Renton Limits Line as annexed under City of Renton Ordinance No. 3885; *41110 9/27/2006 3 Thence generally northerly and easterly along the various courses of the existing limits of the City of Renton as annexed under City of Renton Ordinance Nos. (in order from south to north) 3885, 3109, 3751, 3268, 5205, 5041, 3268, 4069, 1743, 4476, 1971, 3864, 1971, 3742, 1971, 3108, 1909, 3730, 2224, 1871 and 1961 to the Point of Beginning; EXCEPT the north 100 feet of the west 230 feet of the South half of the South half of the Northwest quarter of the Southeast quarter of said Section 29, previously annexed to the City of Renton under Ordinance No. 3432. TOGETHER WITH the following: That portion of Lot 3, King County Short Plat 779163R recorded under King County Rec. No. 8105060679, within the South half of the Northeast quarter of the Northeast quarter of said Section 33, if any; and Those portions of the Northeast quarter of said Section 6 and the Northwest quarter of said Section 5, except the south 30 feet thereof, lying southerly, westerly, southerly and westerly of existing City of Renton Limits Line as annexed under City of Renton Ordinance Nos. (in order from north to south): 3268, 3751, and 3109, except the south 30 feet thereof; and That portion of the Northwest quarter of said Section 5, lying northerly of the northerly right of way margin of S. 200th Street, westerly and southerly of existing City of Renton Limits Line as annexed under City of Renton Ordinance No.3885, and easterly of existing City of Renton Limits Line as annexed under City of Renton Ordinance No. 3109; and The east 20' of the Northeast quarter of the Southeast quarter of said Section 21, lying southerly of the thread of the Cedar River. low 9/27/2006 4 CITY OF RENTON COUNCIL AGENDA BILL AI lLa Submitting Data: Community Services For Agenda of: lkiroi Dept/Div/Board.. Renton History Museum February 12, 2007 Staff Contact Elizabeth P. Stewart, Director Agenda Status 425.255.2330 Consent X Subject: Public Hearing.. Contract for refurbishment of vintage Roxy Theater Correspondence.. neon sign and installation in museum gallery at 235 Ordinance Mill Avenue South Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Contract Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $25,000.00 Transfer/Amendment Amount Budgeted $25,000.00 Revenue Generated Total Project Budget $30,100.00 City Share Total Project.. SUMMARY OF ACTION: The Renton History Museum, Department of Community Services seeks approval and authorization for execution of a sole source contract with Western Neon, Inc. for the refurbishment and installation of the vintage Roxy Theatre neon sign. Total bid is $30,100; the Renton Historical Society will contribute $5100.00 to the project. The 2005 Carry Forward Ordinance included a total of$15,454.00 from the CIP budget, and $9546.00 is available for reallocation from project savings in Fund 316, Major Maintenance Public Buildings, yet to be approved by Council in the 2006 Carry Forward Ordinance. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute a contract with Western Neon, Inc. in the amount of$30,100 for the refurbishment and installation of the Roxy sign. Rentonnet/agnbill/ bh (41.)--e+ ( YUCOMMUNITY SERVICES DEPARTMENT N� MEMORANDUM DATE: February 5, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: ,JL Kathy Keolker, Mayor FROM: 4-4( Terry Higashiyaml Community Services Administrator STAFF CONTACT: Elizabeth P. Stewart, Museum Director, 425.255.233Qe y SUBJECT: Refurbishment of the Roxy Theatre sign Issue: The Department of Community Services seeks approval and authorization for the execution of a sole source contract with Western Neon Inc. for the refurbishment and installation of the Roxy Theatre sign in the Renton History Museum. Recommendation: Authorize the Mayor and City Clerk to execute a contract with Western Neon, Inc. err in the amount of$30,100.00 for the refurbishment and installation of the Roxy sign. Background: • The neon sign was removed from the Fey's Roxy Theatre in 2001 at the time of its closing. City Council provided$7200.00 at that time for removal of the sign. The Renton Historical Society took custody of the sign, planning to raise funds to refurbish the sign. • Fey's Roxy Theatre had been a fixture of the Renton"Loop" since 1925. The sign itself had been added to the front of the movie theater in the post-World War II period, at a time when neon became a feature of most downtowns. The Roxy sign incorporated neon and incandescent bulbs in a classic theater marquee with a fan whose colors rippled from red to white and back again. The sign read "Fey's Roxy." • The sign was stored first at National Sign Company and later the basement of the 200 Mill Avenue building. • In 2004 City Council allocated $25,000.00 to assist with the refurbishment of the sign. • The 2005 Carry Forward Ordinance contained a total of$15,454.00 from the 2005 Capital Improvement Project budget that was re-designated for"museum mezzanine support." (Fund 316, Major Maintenance Leased Facilities provided $4707.00 and Fund 315, Museum Major Maintenance provided $10,747.00.) $9546.00 is available for c:\documents and settings\estewart\my documents\exhibits\roxy\roxy_issuepaper.doc Toni Nelson Page 2 of 2 5 February 2007 reallocation by Council from Fund 316, Major Maintenance Public Buildings, yet to be approved by Council as part of the 2006 Carry Forward Ordinance. • In June 2006 Jay Blazek, owner of Western Neon Inc. and a second-generation neon sign restorer, assessed the Roxy sign. Western Neon has restored numerous neon signs in Seattle and has worked with local museums. Jay Blazek pronounced the Roxy sign in "fantastic"condition and an excellent example of postwar movie theater signage. • Western Neon submitted a not-to-exceed bid of$30,100 for the following: removal of the sign from 200 Mill; preparation and painting of all metal sign elements; restoration of the metal letters spelling "Fey's"and "Roxy"; replacement of all incandescent bulbs; replacement of the neon tubes of the fan; and installation of the sign in the gallery space. • The Department of Community Services is requesting Western Neon as a sole source vendor because of their extensive experience restoring and installing vintage neon signs. The company has completed several neon sign projects for the Museum of History and Industry(MOHAI), including the restoration and installation of the Rainier"R," as well as the restoration of the Tully Coffee"T"and the flame of Washington Natural Gas. (For more information, please see their website at www.westernneon.com.) • The Council's stated commitment to the project has enabled the Renton Historical Society to raise over$5000.00 to date for refurbishment of the Roxy sign and creation of accompanying signage and exhibitry. $25,000.00 budgeted City funds 5,100.00 funds donated to Renton Historical Society for the project $30,100.00 total funds for refurbishment and installation Conclusion: The refurbishment of the Fey's Roxy Theatre sign represents a unique opportunity to restore and showcase an excellent example of vintage signage, as well as to interpret the social life of postwar Renton. The project coincides with the new spirit of revitalization in downtown Renton, and the museum expects the installation to serve as a showpiece. Refurbishment and exhibition of the Fey's Roxy Theatre sign will enhance the City of Renton's reputation as a place that values its architectural and urban past. cc:Jay Covington,Chief Administrative Office Michael Bailey,Finance Director Larry Warren,City Attorney C:\Documents and Settings\estewart\My Documents\exhibits\Roxy\roxy_issuepaper.doe Y fir., Ug ��� ..hz\\r ro CITY OF RENTON CONTRACT AGREEMENT THIS AGREEMENT is made as of the day of , 2006, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY"and Western Neon Inc. , hereinafter referred to as "VENDOR,"to restore the following: "ROXY"vertical neon sign display, marquee fan neon display,two-sided "FEY'S" neon sign display. Install in main gallery at Renton History Museum, 235 Mill Ave. South, Renton, WA 98057. Price includes: site inspection,transportation of existing pieces, all shop drawings, all permit drawings, applications, fees, painting, installation, and one-year warranty. Price does not include 120-volt supply. The City and Vendor agree as set forth below. 1. Scope of Services. The Vendor will provide all material and labor necessary to perform all `o..' work described in the Proposal which is included with this Agreement as Attachment"A." 2. Changes in Scope of Services. The City, without invalidating the Contract, may order changes in the Services consisting of additions, deletions or modifications, the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Change Order signed by the City and the Vendor. 3. Time of Performance. The Vendor shall commence performance of the Contract no later than ten (10) calendar days after Contract's final execution, and shall complete the full performance of the Contract not later than (120) calendar days from the date of commencement. 4. Term Of Contract. The Term of this Agreement shall end at completion of the enclosed scope of work. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Vendor. 5. Contract Sum. The total amount of this Contract is the sum of ($30,100.00) which includes Washington State Sales Tax. 6. Method of Payment. Payment by the City for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in the form specified by the City. Payment will be made thirty(30)days after receipt of such voucher or invoice. 444rr The City shall have the right to withhold payment to the Vendor for any work not completed in a satisfactory manner until such time as the Vendor modifies such work so that the same is satisfactory. 7. Employment The Vendor's employees are not employees of the City of Renton. 8. Assianment and Subcontract The Vendor shall not assign or subcontract any portion of this Contract without express written consent of the City of Renton. 9. Record Keeping and Reporting The Vendor shall maintain accounts and records which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement, The Vendor agrees to provide access to any records required by the City. 10. Hold Harmless. The Vendor shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, including claims from third parties, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 11. Insurance. The Vendor shall maintain throughout the duration of this contract the following insurance requirements: General Liability insurance in the amount of$1,000,000 per occurrence, $2,000,000 aggregate;Automobile Liability in the amount of$1,000,000 per accident; and proof of Workers' Compensation coverage. The City of Renton will be name ' 00 as an Additional Insured on the insurance policy and separate endorsement documentation stating such shall be provided. 12. Compliance with Laws The Vendor and all of the Vendor's employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. 13. Conflicts. In the event of any inconsistencies between Vendor proposals and this contract, the City of Renton contract shall prevail. 14. Warrapty. The Vendor warrants for itself and all of its employees that they have the requisite training, skill and experience necessary to provide the Services specified in the Scope of Work and are appropriately accredited and licensed by all applicable agencies and governmental entities. 15. Independent Vendor. The Vendor and City agree that the Vendor is an independent Vendor with respect to the services provided under this Agreement. Neither the Vendor nor any employee of the Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The Vendor shall be responsible for paying all applicable taxes including income and business taxes. �rr► This Agreement is entered into as of the day and year written above. CITY OF RENTON VENDOR Signature Kathy Keolker Mayor �gn ure Printed Name and Title J/Q4,6bLAzrk Printed Name and Title Attest Western Neon Inc. Bonnie Walton, City Clerk Business Name Printed Name and Title �00 /374vF , �. %we Mailing Address Z1.4 111/ A ,9 /J / City State Zip aol G8a - ) l' ' Telephone `°err AMMO Witetn, ART THAT WORKS 271111 1st Ave S.Seattle,WA 98134 2116.682773$ westemneen.cam October 20, 2006 Bid Proposal City of Renton Community Services Renton History Museum Western Neon bids the following: 1. Restore "ROXY"Vertical Neon Sign Display $14000.00 2. Restore Marquee "Fan" Neon Display $7000.00 3. Restore two-sided "FEY'S" Neon Sign Display $9100.00 Total: $30100.00 (NTE) Pricing includes site inspection, transportation of existing pieces, shop drawings, permit drawings, permit application, and permit fees where necessary, manufacture of new neon, painting all pieces, coordination of installation, installation, one year warranty on all. All pricing includes necessary parts (transformers, housings, wiring, tube supports). Pricing does not include sales tax if applicable—add 8.8%. Pricing does not include 120 volt power supply to signs, to be provided by others. All restoration work designs to be approved by client prior to production. 50% deposit required to begin project, balance due upon completion. Please allow 8 weeks lead time. CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: February 12, 2007 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Release easements on NE 16th St. and accept additional Correspondence.. Ordinance rights-of-way to comply with City of Renton code for Resolution new short plats and the Windstone IV Short Plat. Old Business (LUA05-135) Exhibits: New Business Issue Paper Study Sessions 1-Release of Easement 2 -Deeds of Dedication Information Exhibit Maps, Vicinity Maps and Hearing Examiner's Report. Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... N/A Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: Authorize the release of easements on Windstone IV Short Plat and NE 16th St that will be replaced through the following dedications: additional right-of-way in a strip of land approximately 30.5 x 532' (16,226 sq.ft.) along the south side and the southeast corner of Windstone IV Short Plat for the widening of NE 16th St and Lyons PINE, and a 8.5 sq.ft. of right-of-way for improvements to NE 17th St. These dedications are Hearing Examiner conditions of the Windstone IV Short Plat, LUA05- 135. Council acceptance of said rights-of-way should be completed prior to recording the deeds with the short plat. STAFF RECOMMENDATION: Authorize the release of easements, accept the additional rights-of-way, and authorize the Mayor and City Clerk to sign and record the Deeds of Dedication and the Release of Easement documents. C:\DOCUME-1\BWalton\LOCALS-1\Temp\Windstone IV SHPL 05m AGNBILL.doc �`sY 0� PLANNING/BUILDING/ Noe �'' PUBLIC WORKS DEPARTMENT o� MEMORANDUM DATE: February 12, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: --Y-"" Kathy Keolker, Mayor FROM: Gregg Zimmermai Administrator STAFF CONTACT: Kayren Kittrick, Project Manager (x7299) SUBJECT: Release of Easements and Dedication of Rights-of-Way for Windstone IV Short Plat—LUA-04-135 ISSUE: • Should the City release easements over proposed Windstone IV Short Plat and NE 16th St., which are no longer required? • Should the City accept dedication of rights-of-way on NE 16th St. and Lyons Place NE, to the City of Renton? RECOMMENDATION: • Council to authorize the release of easements that were transferred to the City of Renton through annexation of an area known as King County Short Plat#486017 on NE 16th St., and to authorize the Mayor and City Clerk to sign and record the Release of Easement. • Council to accept rights-of way required as part of the Hearing Examiner's conditions for the Windstone IV Short Plat, LUA05-135, and to authorize the Mayor and City Clerk to sign and record the Deeds of Dedication. BACKGROUND SUMMARY: Release of Easements: Easements were created as part of King County Short Plat #486017 as recorded under K.C. Recording #8703039001, in anticipation of future development activity on the site. No low development activity has occurred on this parcel, and as such no facilities were installed ,rr Toni Nelson,Council President Members of the Renton City Council Page 2 of 2 February 12,2007 within those easement areas. Subsequently, this area was annexed into Renton,through Annexation Ord#5068,on March 28, 2004, from King County. This action transferred ownership of the easements to the City. The property is now being developed as Windstone IV Short Plat, which includes all required City improvements including utilities and roadway improvements. All of these improvements will be contained within the ROW that is to be dedicated as part of the project, thus making the existing easements no longer required and able to be released. Easements to be released, (See attached Easement Exhibit Map): • 30' drainage easement, Lots 2 and 3, • 15' utility easement, Lot 2, • Access easement along NE 16th St and over Lots 6, 7, and 8 of proposed Windstone IV. Right-of Way Dedications: An area to be dedicated for additional right-of-way is a strip of land approximately 30.5 x 532' (16,226 sq.ft.)along the south side and the southeast corner of Windstone IV Short Plat for the widening of NE 16 St and Lyons PI NE. '41110 Also,a dedication of 8.5 sq.ft. of right-of-way for improvements to NE 17th St. These are Hearing Examiner conditions of the Windstone IV Short Plat,LUA05-135. Attachments: Easement Exhibit Map cc: Neil Watts,Developments Services Director Dave Christensen,Utility Engineering Supervisor Carrie Olson,Plan Review C\Documents and Settings\User\Desktop\Windstone IV SHPL Issue Paper doc Return Address: err City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 Release of Easement Property Tax Parcel Number:032305-9270 Project File#: Street Intersection: NE 16`h PI&Lyons PL NE Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. City of Renton,a Municipal Corporation 1. The Grantor,as the owner of an easement acquired from King County through annexation Ord.#5068,on 04-28-04,and where King County acquired the easement through a King County Short Plat(#486017)recorded on March 3, 1987, under King County Recording Number 8703039001 of King County,State of Washington,over real property described below An Emergency Access,30' Storm Drainage and a 15'Utility easement encumbering the following described property: PARCEL A: LOT Z, KING COUNTY BOUNDARY LINE ADJUSTMENT APPLICATION NUMBER L00L0089, RECORDED UNDER RECORDING NUMBER 20020702900007, RECORDS No ,, OF KING COUNTY,WASHINGTON. PARCEL B: LOT 3 OF KING COUNTY SHORT PLAT NUMBER 486017, RECORDED UNDER RECORDING NUMBER 8703039001 AND CORRECTED BY AFFIDAVIT RECORDED UNDER RECORDING NUMBER 8706260950. TOGETHER WITH THE WEST 428.00 FEET OF THE SOUTH 330 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3,TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,WASHINGTON; EXCEPT THE NORTH 165 FEET THEREOF; AND EXCEPT THAT PORTION LYING WITHIN THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTH HALF OF SAID SUBDIVISION AND EXCEPT COUNTY ROADS; IN ACCORDANCE WITH DECREE QUIETING TITLE IN KING COUNTY CAUSE NO. 86-2-22118-2 ENTERED MARCH 12, 1987; EXCEPT THE EAST 164 FEET THEREOF; (BEING KNOWN AS LOT 3 OF KING COUNTY LOT LINE ADJUSTMENT NUMBER S92L0103, RECORDED UNDER RECORDING NUMBER 9209101022,AND OTHER PROPERTY). .. does hereby abandon and release all rights acquired under above described easement. IN WITNESS WHEREOF,said City has caused this instrument to be executed by the Mayor and City Clerk this day of ,20_. Kathy Keolker,MAYOR Bonnie Walton,CITY CLERK STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jesse Tanner and Marilyn Petersen are the persons who appeared before me,and said persons acknowledged that they signed this instrument,on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR,and the CITY CLERK,CITY OF RENTON,to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Return Address: erre City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 032305-9270&9269 Project File#:LUA-04-135-SHPL Street Intersection: NE 16`h Street and Lyons Place NE Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. KBS Development Corp. 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 2) A portion of the following described properties: Parcel A: Lot Z, King County,Boundary Line Adjustment No.L00L0089, Rec.No.20020702900007. Parcel B: Portion of Lot 3, King County Short Plat No.486017, Rec.No.8703039001. Located in the Northeast quarter of the Southeast quarter of Section 3, Township 23 north, Range 5 east of the Willamette Meridian. Situate in the City of Renton, County of King, State of Washington Nose The Grantor,for and in consideration of mutual benefits conveys,quit claims.dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King, State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Annroved and Accented By: Grantor(s): KBS Development Corp. Grantee(s): City of Renton Kolin Taylor Kathy Keolker, Mayor Bonnie I. Walton, City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )SS ACKNOWLEDGMENT COUNTY OF KING I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: NO W" Dated: 1459 WS4 NE 16th St road dedication.DO0 dw Page 1 Revised 7-25-2006 Form 84 0001/bh IN WITNESS WHEREOF, I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument.on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING On this day of ,20 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Nied 1459 WS4 NE 16th St road dedication.DOC\dw Page 2 Revised 7-25-2006 Project: Windstone IV Now' Exhibit A WO# PID Legal Description GRANTOR: KBS Development Corp. Street: NE 166 Street and Lyons Place NE Commencing at the Southwest corner of the NE 1/4 of the SE 1/4 of Section 3,Township 23 north, Range 5 east of the W.M.; thence North 01°25'01" East,along the west line of the NE 1/4 of the SE '/4 of said Section 3,a distance of 25.00 feet,to a line parallel with the south line of the NE 1/4 of the SE 1/4 of said Section 3; thence South 87°49'15"East,along said line a distance of 128.04 feet; thence North 02°10'44"East,a distance of 5.50 feet,to a line parallel with the south line of the NE 1/4 of the SE 1/4 of said Section 3; thence South 87°49'15" East,along said line,a distance of 325.50 feet to the beginning of a curve tangent to said line; thence northeasterly a distance of 109.96 feet along the curve concave to the northwest,having a radius of 70.00 feet and a central angle of 90°00'00"to a point of cusp; thence South 02°10'45" West,a distance of 93.63 feet to the beginning of a curve concave to the north having a radius of 95.00 feet and a central angle of 21°55'27"and being subtended by a chord which bears South 81°13'01" West 36.13 feet; thence westerly along said curve, a distance of 36.35 feet,to the south line of the NE 1/4 of the SE 1/4 of said Section 3; thence North 87°49'15" West tangent to said curve, along said south line,a distance of 487.74 feet to the Point of Beginning. Containing 0.373 ACRES,more or less. Situate in the City of Renton,County of King, State of Washington. All situate in Section 3,Township 23 north, Range 5 east,of the Willamette Meridian.. '4Irr e 1459 WS4 NE 16th St road dedication.DOC\dw Page 3 Revised 7-25-2006 Arrr or EXHIBIT"A" NE 16TH STREET LEGAL DESCRIPTION BEGINNING AT THE SOUTI-IWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; THENCE NORTH 01°25'01" EAST , ALONG THE WEST LINE OF SAID SUBDIVISION, A DISTANCE OF 25.00 FEET; THENCE SOUTH 87°49'15" EAST, ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION , A DISTANCE OF 128.04 FEET; THENCE NORTH 02°10'45" EAST, A DISTANCE OF 5.50 FEET; THENCE SOUTH 87°49'15" EAST, ALONG A LINE PARALLEL WITH THE SOUTH LINE OF LINE OF SAID SUBDIVISION, A DISTANCE OF 325.50 FEET TO THE BEGINNING OF A CURVE TANGENT TO SAID LINE; THENCE NORTHEASTERLY A DISTANCE OF 109.96 FEET ALONG THE CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 70.00 FEET AND A CENTRAL ANGLE OF 90°00'00" TO A POINT OF CUSP TO THE WEST MARGIN OF LYONS PLACE NORTHEAST; THENCE SOUTH 02°10'45" WEST, ALONG SAID MARGIN, A DISTANCE OF 93.63 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 95.00 FEET AND A CENTRAL ANGLE OF 21°5527" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 81°13'01" WEST 36.13 FEET; THENCE WESTERLY ALONG SAID CURVE, A DISTANCE OF 36.35 FEET TO THE SOUTI-I LINE OF SAID SUBDIVISION; THENCE NORTH 87°49'15" WEST TANGENT TO SAID CURVE, ALONG THE SOUTH LINE OF SAID SUBDIVISION, A DISTANCE OF 487.74 FEET TO THE POINT OF BEGINNING. _� l'-7 b sms,04 o S v00 4441,1 if` I if '9e 38965 4+ EXPIRES5-23-LCL"7 X111\eN ii ( ( , Exhibit "B" NE 16th Street Road Dedication r___ I I i III I A I I 111— InrlN Ire^-r-�nIr_ r�I\ ii ^I \ / II i1T VV II \d_.)..:\d_.)..: I LJI NL_ LiI V MLIi N IVr I IIvI I 1 I il I I �' / '� O�Do �NO2'10'45"E 5.50' I �,, S87'49'15"E 128.04 �� Q� y Q W �� N87'49'///// 32 01 '25'01"E 25.00' 16230 Sq.Ft./ 16TH a n� o NESTREET/T" '''''9 SW Conner, NE 1/4, SE 1/4 N87'49 15°W 487.74' � 0 Sec 3, Twp 23 N, R 5 E, WM R=95.a G ZC�� D= 21'55'27,. L=36.35 zz 0 NA 6,./700 •4.,istili 4 �/ y, o:0,7" , -il s y 38965 % .k, `flp F6./S T E.3"" SQ *4( L ANA 4 EXPIREsO5-23-2007 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 032305-9269 Project File#:LUA-04-135-SHPL Street Intersection: Lyons Place NE and NE 17th Street Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. KBS Development Corp. 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 2 ) A portion of the following described properties: Parcel A: Lot Z, King County,Boundary Line Adjustment No.L00L0089, Rec.No.20020702900007. Located in the Northeast quarter of the Southeast quarter of Section 3,Township 23 north,Range 5 east of the Willamette Meridian. Situate in the City of Renton, County of King, State of Washington The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. Nod IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Annroved and Accented By: Grantor(s): KBS Development Corp. Grantee(s): City of Renton Kolin Taylor Kathy Keolker, Mayor Bonnie I. Walton,City Clerk INDIl7DUAL FORM OF STATE OF WASHINGTON )SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: NIS 1459 WS4 Lyons Place NE road dedication.DOC\dw Page I Revised 7-25-2006 Form 84 0001 Am IN WITNESS WHEREOF, I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OFACKNOIVLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF.ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING On this day of ,20 , before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 1459 WS4 Lyons Place NE road dedication.DOC`dw Page 2 Revised 7-25-2006 wirastrastissiorramatimmair EXHIBIT "A" LYONS PLACE NORTHEAST ROAD DEDICATION BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; THENCE NORTH 01°25'01" EAST, ALONG THE WEST LINE OF SAID SUBDIVISION,A DISTANCE OF 165.01 FEET; THENCE SOUTH 87°4915" EAST, ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION, DISTANCE OF 522.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87°49'11" EAST, A DISTANCE OF 2.42 FEET; THENCE SOUTH 02°10'45" WEST, A DISTANCE OF 10.72 FEET TO A POINT OF CUSP ON A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 25°23'39"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 10°31'05" WEST 10.99 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 11.08 FEET TO THE TRUE POINT OF BEGINNING. POW i<? q 38965,p �ffaNgC 1 SL ANp • `'JQ ( EXPIRES 16 7 �1h� ���iiii . ( ( ( Exhibit "B" Lyons Place Northeast Road Dedication Northeast 17th Street S87 °49 ' 11 "E r — — 2 . 42 ' 8 . 50 Sq . Ft . S87 °49 ' 15"E 522. 99 ' V 4) West line of the NE v 3 Cl) 1/4 of the SE 1/4 Sec 0eac E pa < in Cd 3, Twp 23 N, R 5 E, WM 1a� , • 06 NNS , v^ CU Pad 6•A SN' o '4 Io �Lo , 0 in I cn 1 4U 0 0 I 1 Cu1Cl) gl -may.. ii il Q�oF Mast' 40 SW Corner, NE 1/4, SE 1/4 /�'' ' j�! !� Sec 3, Twp 23 N, R 5 E, WM t r CSI . `r 9 s.1' FGI SSEQ'�'c,�Qa� ��a allo Not to Scale EXPIRES 05-23-2007 Easement Exhibit Winds tone IV e r, i •* t11 Feer, e rEnictn • I IS :frE"Q trd* L-tt RB' of 3 RarRttl etre tensa fk.25 OQ' i �.�. $87.49'15'E 522.99 s ; • !- fy ,1,,,. - `."fv fr ',/,/,`,,,,, .r1` 60.00' 6Q OC' 50 ^x x % ....s �':..--.4.//..:/// ''`,11 ,�' !+:.iLf'� s'4 . ''.—� 3 Rer7FQ 87 ss . 5' Weed tEntE 7/:/-:,:^7:.;,;(«..."-:1.4.-'‘ 1 ,/P'^ ,�+C '/0 r.',/ `-�,/° wtrt tents 21 21 rct Asa a ..�'*',,,,. . //,,,(._ y t prepfe 1« � i.._t � � g t—_, � ��rt�p7t. Rkt � h ---#. •� ---sTaritatei7xoEaee Dzi 1� w Jci I i 4:'":„../1 8 1 5 i_ 4 3`r.,� H N 2 .1 S VI t_._I .. 1 y ;� 8 �, 1 `� giL f� k+ a ./ !\� i j, OfV t / 2 ' 4 . t N 0 !� Zei,, ' etitDq Q r'i r. . . ,. , n r 4. ',`?".9/8i7./9)/57-7"; r rg - r m� 2 t. _ Ip i. • '. , , , „` ,,jfr ,f 10 7 Ft f 7,_7/'� i//77✓,'`�',•`i/7/7/,� 4.'IV- /""7• P' :�_^____ z' fes, 1E 16th St ,� .. #nce AO s'.Ft 16TH STt/ Iw s' carnar of tnE 1 S87'49'15"E A87.7d' -r t{ftertt1 of tAe .- d„,..35,00,-27- 3. 95?. ter of Section hY = L` I Wing emit. W M Ln vz aI r-rrn , v V1 vi L.r . I f L11 • X ai f1/3�'J/!///J1fiU/l/.�\\\�\\`�.i\\.\\\1'(� 0NH S. hf -' : �Q�©4 WAs o� .. „.,.. ,i, CENTRE 4 lily i, , *I ; CC p , •10 .;r ..... rz,, �ft%�, ,QF 38965�p Q,t-, V Surveying, Inc., P.S. `>9 6.-/S1 - '1,4 }S 1 -�` � - Way, WA 98003 �'�C L pN0 33701 9th Avenue South Federal. Not to Scale ! 953-661-1901 main 253-661-7719 fax f EXPIRES • -23-3007 ( A ( ' JE ADJUSTMENT :CORDING ,4b IF / [ES OVER THE SOUTHERLY fHE SHORT PLAT. kS RECORDED UNDER i AFFIDAVIT SE MAYVALLEY RD VICINITY MAP FH 330 FEET OF 1 OF SECTION 3, IRIDIAN, IN KING 0 1320 2640 III0 SCALE: _F OF THE SOUTH HALF —�--L SE 100TH ST 4:::: Q :PT COUNTY ROADS: 1" 1320' SE 102TH ST 1017,:NG COUNTY SUPERIOR ti ICH 12, 1987: z > w SE 105TH PL z ���/ ���� rCl) w NeN0 H. !y ADJUSTMENT -J > a 4Q �F HASH )r'criI ER 41141 > w1 ' t -�LVO z � �l i SUNSET 8 c I 3 N .-, r wi N.cON / "`• q 38965 p J� I S,9'900 `i° 5E CMAY OUNVALPARK RD `r4 G j S T t% cp \ DRAWN I 47::/::// l A � � DATE: i EXPIRES05-23-2007 SCALE: 144 to Ai000mossoomomoomr March 7, 2005 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes OWNER/APPLICANT: KBS III LLC 12320 NE 8"' Street, Ste., 100 Bellevue, WA 98005 CONTACT: Wayne Potter Barghausen Engineers 18215 72od Avenue South Kent, WA 98032 Windstone IV Short Plat LUA 04-135, SHPL-H LOCATION: 5402 NE 16th Street SUMMARY OF REQUEST: Hearing Examiner Short Plat approval for an eight(8) lot subdivision of a 1.98 acre site. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Nesi Examiner on February 1, 2005. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the February 8, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, February 8, 2005, at 9:02 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No.2: Revised Neighborhood Detail Map application, proof of posting, proof of publication and (2/04/2005) other documentation pertinent to this request. Exhibit No. 3: Revised Preliminary Short Plat Exhibit No. 4: Preliminary Short Plat(10/27/2004) (2/04/2005) Windstone IV Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 2 slime Exhibit No. 5: Revised Preliminary Utilities, Grading Exhibit No. 6: Boundary and Topographic Survey and Drainage Plan (2/04/2005) Exhibit No. 7: Zoning Map The hearing opened with a presentation of the staff report by Nancy Weil, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located to the vest of Nile Avenue and north of Sunset Boulevard. The site is known as Division IV of the Windstone subdiv'sion, previously known as Stoneridge. This site is vested to the development regulations for Residential-5 dwelling units under code, although it is currently zoned R-4. Currently on the site are three single-family homes and two accessory structures. All structures, except for one residence, will be removed. The residence on proposed Lot 7 will remain. The net density after all deductions have been taken is 4.85 dwelling units per acre. The lots in the subject development meet all requirements of lot size, width and depth. It appears that all lots comply with the setback requirements and these would be verified at the time of individual building permit review. The site topography gently slopes to the northeast with approximately 30 feet of elevation change across the width of the site. Access to the site would be via an extension of NE 16th Street to Lyons Place NE that would extend to intersect with Kitsap Place NE in Stoneridge I. There were no critical areas found on this site and therefore there was no Environmental Review conducted for this short plat. The subject site is designated Residential Low Density(RLD)on the Comprehensive Plan Land Use Map. The proposed site does meet all the requirements of the land use, housing and environmental elements of the Comprehensive Plan that are applicable to the RLD within the City of Renton. The minimum lot size permitted in the R-5 development is 7, 200 square feet with a minimum lot width of 60 feet for interior lots, 70 feet for corner lots and a lot depth minimum of 65 feet. All the lots do comply with lot dimension requirements. Due to a secondary easement requirement for Fire, Lot 6 is a greater width. All lots do comply with the setback requirements. The structure remaining on Lot 7 appears to not meet the setback code and staff recommends the applicant apply for an Administrative Variance for front yard setback prior to recording the short plat. If the Variance cannot be obtained, the residence would need to comply with the Development Regulations for yard setback by alteration to the structure. All compliance with building standards would be verified prior to the issuance of individual building permits. As proposed the revised short plat does comply with lot arrangement and access requirements of the Subdivision Regulations. The applicant revised the short plat to connect the extension of NE 16`h Street to the extension of Lyons Place NE. Additionally, as access is through Stoneridge I, staff recommends the applicant be required to obtain dedication of the access road through Stoneridge I, known as Kitsap Place NE and improvement prior to the recording of the short plat. A secondary emergency only access was required off of Kitsap Place NE across the Park tract to the north of Division IV. The emergency only access connects across Division IV to NE 16`h Street. A street modification was granted by the City to allow a minimum requirement of 20-feet of pavement in order to access these lots from Lyons Place NE to NE 16'h Street. Windstone IV Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 3 Staff recommends the establishment of a maintenance agreement for all common improvements. Fire, Traffic and Mitigation Fees are to be imposed. Currently the site is vegetated with evergreens and a variety of ornamental trees. The grading of the site is to be kept at a minimum, however the majority of the trees are going to be removed. In order to reduce the potential for erosion and control sedimentation to the site, staff recommends that the project comply with the Department of Ecology's Erosion and Sediment Control requirements outlined in Volume II of the 2001 Stormwater Management Manual. Staff is requiring the planting of two new ornamental trees within the front yard setback area for all lots within the short plat. The site is located within the boundaries of the Issaquah School District. City code requires the applicant to pay the appropriate ISD impact fees. The School District has indicated that they can accommodate the additional students. The storm water runoff collection from the proposed site would be with catch basin collection and pipe conveyance systems to drain into the constructed storm pond system for Stoneridge I. Therefore, staff recommends the applicant amend the Stoneridge Covenants, Conditions and Restrictions to address the shared maintenance responsibilities of the stormwater facilities. The applicant shall comply with the 1998 King County Surface Water Design Manual. The site is located within the King County Water District 90 service area. A Certificate of Water Availability is required showing that the District's system can provide as minimum of 1,000 gpm of available fire flow per fire hydrant. The applicant shall be required to obtain dedication of the sewer main through Stoneridge Ito the existing downstream public sanitary sewer system prior to the recording of the short plat. Staff recommends approval of this short plat subject to 16 conditions. Wayne Potter, Barghausen Engineers, 18215 72nd Ave S, Kent, WA 98032 stated that the applicant agrees with the conditions of approval and only have a few comments for clarification. With respect to Division I, known as Stoneridge aka Windstone, has been submitted for final plat review, they are currently in the process of grading the site and bringing in rocks and asphalt. The on-site utilities, public water, storm and sanitary sewer have been installed. There is some time yet for final approvals on the structures. They are hoping to have the plat recorded within the next 60-90 days. Regarding Windstone IV, it appears that all mitigation fees were based on 9 lots rather than the current 8 lots. The Examiner stated that they were actually giving them credit for 3 lots, even though two structures are being removed. The mitigation fees are based on 8 lots with credits being given for 3 lots, so 5 lots will be charged the mitigation fees for Parks, Fire and Traffic. Mr. Potter continued with the second clarification,the half street should be 27 feet, not 35 feet. The emergency access is a private easement and will be owned and maintained by the association and the additional phases. Kayren Kittrick,Development Services stated that the street modification is for 27 feet as opposed to 35 feet. There will be no parking allowed on either side of the street. The emergency access easement should be built once, it would be a mess to have to go back and take it out. Any amendment that would be required to that easement so that it can be built just once, the City would be open to looking at it and approving it. The Windstone IV Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 4 .1410, connection across NE 16 to Lyons is much better than going up and through this property. It seems tc, be a decision based on distances, as soon as there is a connection on the north end, this will go away. There has never been any indication that 16th would ever be going through. The connections are there to allow for full development in the future, but 16`x' is not one of the designated streets to go through. The CC&R's are reviewed by the Development Services and the City Attorney before they go forward to make sure that everything is covered including commonly held improvements which would include this particular emergency access easement. 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 10:00 a.m. FINDINGS, CONCLUSIONS & DECISION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant, KBS III LLC, represented by Wayne Potter, filed a request for an 8-lot Short Plat. This is a companion to the Windstone III short plat located somewhat north of this site. They were both reviewed at public hearings on the same day and share a number of common elements. 2. The yellow file containing the staff report, the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC), the City's responsible official determined that the proposal is exempt from environmental review. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 5402 NE 16th Street. The subject site is located east of Ilwaco Avenue NE and immediately north of NE 16th Street. The subject site is north of Sunset Boulevard and south of NE 20th Street if it were extended. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of low density single family uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-4(Single Family-4 dwelling units/acre). The application for the short plat was submitted while the subject site was still zoned R-5 (Single Family- 5 dwelling units/acre)and the request is entitled to be reviewed under the R-5 Zoning standards. 8. The subject site was annexed to the City with the adoption of Ordinance 5068 enacted in April 2004. 9. The subject site is approximately 1.98 acres or 86,249 square feet. The subject site is a rectangular parcel that is approximately 525 feet long(east to west) by approximately 165 feet wide. arra► Windstone IV Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 5 10. Three single-family homes and accessory structures are located on the site. One home would be retained on Proposed Lot 7. The other structures would be removed. A variance may be required for the retained home. 11. The site slopes downward toward the northeast at approximately 6% from approximately 480 feet to 430 feet. There are 28% slopes on the site. 12. The applicant proposes to save two fir trees that are approximately 10 inches and 12 inches in caliper. The remaining,approximately 27 trees, would be removed. 13. The proposed short plat is part of a larger platting effort of surrounding property and will be served by roads, utility lines and a storm drainage system developed as part of the other plats. The applicant proposes dividing the subject site into 8 lots for detached single-family homes. An earlier plan for a nine-lot plat was altered to avoid some awkward lot access and layout issues. 14. The applicant would extend NE 16th Street eastward along the south side of the plat. NE 16th would be developed as a 27-foot wide half street with 20 feet of paving. NE 16th would curve north at its eastern end and merge into Lyons Place NE. Lyons would be a traditional full street. 15. Eight lots, numbered east to west from 1 to 8 would be located along the north side of the newly extended NE 16th Street. The lots would range in size from 8,094 square feet to 11,970 square feet. 16. The density for the plat would be 4.85 dwelling units per acre after subtracting the area for roadways. *4440 17. An emergency access was required to connect the Stoneridge I plat's Kitsap Place NE to NE 16th Street. That easement crosses the subject site along the west side of Proposed Lot 6. In order to facilitate this current short plat,the applicant has proposed altering the alignment. Any alteration would have to be approved by the Fire Department to assure compliance with its needs. Since this plat will extend portions of the public road system it is possible that the emergency access could be eliminated at some point but, again, this would be subject to review and approval of the Fire Department. 1 8. The subject site is located within the Issaquah School District. The City has adopted an impact fee to outset impacts to schools in that district. The fee is $2,937.00 per single-family lot. 19. The development will increase traffic approximately 10 trips per unit or approximately 80 trips. Approximately ten percent of the trips, or approximately 8 additional peak hour trips will be generated in the morning and evening. 20. Stormwater control will be handled by a system constructed as part of the Stoneridge I Plat. The maintenance of that system will have to be shared by homeowners of this new plat. Staff has recommended that since the subject site is located within the May Creek sub-basin that the 1998 King County Manual, Level 3, be applied for both detention and water quality. 21. Sewer service will be provided by the City, while Water District 90 will provide domestic water. 22. The applicant did not propose providing ally recreational amenities for the plat. Windstone iV Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 6 CONCLUSIONS: 1. Windstone IV mirrors its companion short plat, Windstone III in that it is unencumbered by sensitive areas, uses infrastrucutre developed for the Stoneridge plat and definitely depends on the roadway system and stormwater system of Stoneridge. Therefore, the conclusions also mirror those of the companion short plat. The proposed plat appears to serve the public use and interest. The plat, in an R- 4 District, provides larger lots in an area with urban services. This plat helps widen the range of lot sizes for those who want more than a small single-family lot. 2. The applicant will be providing a portion of what will eventually be a connection to the City's street grid system. The plat also provides an emergency connection from the larger Stoneridge plat's northern reaches to the south and west via an easement to NE 16th Street. 3. The development of the subject site will create impacts on the City's street system as well as its parks and recreational programs and its new residents will probably take advantage of the City's emergency services. Therefore, applicant should pay mitigation fees to offset its impacts on roads, parks and emergency services. The City has a standard formula for computing those impacts and they will apply to this development. The applicant will also be paying a fee to the Issaquah School District to help with school construction. 4. The property does not have any critical areas and its rectangular shape allowed for the creation of rectangular lots with lot lines perpendicular to the street system. 5. The plat should increase the tax base of the City which along with the mitigation fees noted above, will help offset any other impacts on the community. The additional traffic and hubbub that the additional residents Nvill bring to the area was anticipated by the development. 6. The fact that this plat will utilize some infrastructre from the adjacent development means that its residents will have to take part in maintenance efforts. DECISION: The short plat is approved subject to the following conditions: 1. The applicant shall obtain a demolition permit and complete all necessary inspections and approvals for the removal of all buildings on the site prior to recording of the short plat. The satisfaction of this requirement is subject to the review and approval of Development Services. 2. The applicant shall apply for an Administrative Variance for front yard setback for approval prior to the recording of the short plat. If the Administrative Variance cannot be obtained, the residence would need to comply with the Development Regulations for Yard Setback by alteration to the structure 3. The applicant shall be required to place"No Parking"signage along that portion of NE 16"' Street with 20-foot wide pavement to ensure efficient emergency access to the development is not obstructed. 4. The applicant shall be required to make a dedication for public right-of-way along the short plat's frontage with NE 16th Street. The dedication shall occur at the time of final recording of the short plat. 5. The applicant shall be required to obtain dedication of the access road and improvements along the access road through Stoneridge I, prior to the recording of the short plat. Windstone IV Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 7 6. The applicant shall ensure that the secondary access to both Stoneridge I and IV be completed prior to the final recording of the subject short plat. 7. A maintenance agreement shall be created concurrently with the recording of the short plat in order to establish maintenance responsibilities for all shared improvements. The agreement shall be placed on the face of the final short plat prior to recording. 8. The applicant shall pay the appropriate Transportation Mitigation Fee equal to $75.00 for each new daily trip associated with the project, with credit given for the 3 existing single-family residences. The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 9. The applicant shall comply with the recommendations contained in the Geotechnical Engineering Study prepared by Earth Consulting Inc dated October 14, 2004 for Windstone IV, regarding"Site Preparation and General Earthwork"and "Utility Trench Backfill". 10. The applicant shall be required to comply with the Department of Ecology's (DOE) Erosion and Sedimentation Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. 11. The applicant shall be required to plant two new approved trees within the 20-foot front yard setback area of all six lots within the short plat. The applicant shall be required to record a restrictive covenant against the property prior to final short plat recording, which indicates that two trees are required to be planted within the front yard setback area of each new lot. This condition shall be subject to the review and approval of the Development Services Division and the trees shall be planted prior to final building permit inspection. 12. The applicant shall pay the appropriate Fire Mitigation Fee equal to $488.00 per new single-family residence, with credit given for the 3 existing single-family residences. The Fire Mitigation Fee shall be paid prior to the recording of the short plat. 13. The applicant shall pay the appropriate Parks Mitigation Fee equal to $530.76 for each new single- family lot, with credit given for the 3 existing single-family residences. The Parks Mitigation Fee shall be paid prior to the recording of the short plat. 14. The applicant shall amend the Stoneridge Covenants,Conditions and Restrictions(CC&R's)to address the shared maintenance responsibilities of the stormwater facilities prior to the recording of the short plat. 15. The applicant shall comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 3 flow control) and water quality improvements. 16. The applicant shall be required to obtain dedication of the sewer main through Stoneridge Ito the existing downstream public sanitary sewer system prior to the recording of the short plat. Windstone IV Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 8 ORDERED THIS 7th day of March 2005 FRED J. KAUF N HEARING EXAMINER TRANSMITTED THIS 7`'' day of March 2005 to the parties of record: Nancy Weil Kayren Kittrick 1055 S Grady Way 1055 S Grady Way Renton, WA 98055 Renton, WA 98055 Wayne Potter Barghausen Engineers 18215 72nd Ave S Kent, WA 98032 TRANSMITTED THIS 7th day of March 2005 to the following: Mayor Kathy Keolker-Wheeler Stan Engler, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Larry Warren, City Attorney Transportation Division Gregg Zimmerman, PBPW Administrator Utilities Division Alex Pietsch, Economic Development Neil Watts, Development Services Jennifer Henning, Development Services Janet Conklin, Development Services Stacy Tucker, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 1000of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,March 21,2005. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be tiled in writing on or before 5:00 p.m.,March 21,2005. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. '11110' 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 Windstone IV Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 9 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. 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WO LO0 O�/"� 41011 AtMAD[0 UM-0204(001 140.114414[,COMM N LMR p(MRx 411 D.B.Iq KIT[ - r ,, FNpM1 HIND Nen A N'.0•AVf KONG M MOAN 141!a Y1D (1011 WM IN LOT, 042NKt 4 JILN FEAT TO N1 MI KIM 01 N C yr 131 MNad400 AT M NO3OMST 04010 a LVO LOT 3: 1TO0N240 •-51444 MK TNN NAq LOU 44044 111x2`�A OHNE QPM I' n TOtt[HORN�10? 500 00271 Daum MO.. 1• 31,]4001:.[lea. V. CO CI Y(3!-FikikflO _. _ FEB p 1 2005 - ..... • ( ( . A FIVFf e e e ' W' oct s-sl. ft' 0 f„.,. ......, 0 - .....-i 0 0 -,4 \„ . WE; 2dth 0 la ink --- --. . ,_- • la 0 — _.._ r•§1 - -- 0 SE 100th Pl. • ' 0 : 4111 St ' i .- 0 I • • . * -'-78;„ ,, i • - Nil e3rd .s . - • , , 14-I --= --SE 102nd St. i i /F--:,I.3‘, : ---- -- • • • , • - -•- . . 1-.140.ft, R.H-1 ---- . •=- - -W4-2 ' • : :_- . • /..r ---- -... .,/, ; _.--":,\Trit-7--, -2 / • a- ., _.. • --'\ cc) I .-,- _ ._-- • t • - - .-/ 0 l'4 -, . - I . ..-' ---lt-lk4 k c 1 --.= i I :_17{-•_id._ -- • .. 1 ° 4044 – -- 7T-"---- '• -:- -: .' '''--12iN - ' 1• -t. 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Transportation Systems Division February 12, 2007 Staff Contact Derek Akesson, x 7243 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Rainier Avenue—SW 7th St to S 4th Place Ordinance Design Contract with DMJM Harris Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Supplemental Agreement#1 Information TIP#11 (2007-2012) Vicinity Map Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Fiscal Impact: 317.12308.016.5950.0011.67 Expenditure Required... $ 120,726 Transfer/Amendment Amount Budgeted $ 2,629,000 Revenue Generated Total Project Budget $ 8,129,000(2007-2011) City Share Total Project.. SUMMARY OF ACTION: The Transportation Division has completed the Value Engineering Study and the Design Report containing the 30 percent design plans for the Rainier Avenue—SW 7th Street to S 4th Place project. DMJM Harris continues to work on the 60 percent design for the roadway improvements. In conjunction with the roadway improvements, the storm water system is being upgraded. As a part of this system upgrade, a new Rainier pump station is being designed. To reduce the size of the pumps and detention vault for the new pump station, a new feasibility study needs to be performed. This study will look at reducing the size of the drainage area to the new Rainier pump station by connecting a portion of the drainage area to a new storm water line at Shattuck Avenue S that will gravity feed into the storm system at SW 7th Street. This would be very beneficial to the Rainier Avenue project by reducing the size of the pumps and detention vault for the new Rainier pump station. In addition to the feasibility study,the scope of this supplemental agreement includes: utility location (surveying and potholing) in support of the feasibility study; Phase I ESA for the Shattuck site; additional groundwater sampling and testing of possible hazardous material within the Rainier Avenue right-of- way; and redesign of the SW 7th Street intersection with Rainier Avenue, including new signals and lighting. This supplemental agreement also includes a reduction in fee for the Rainier Railroad Bridge design plus payment for additional out of scope work required by Burlington Northern Santa Fe (BNSF), prior to handing over the bridge design to BNSF. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement Number 1 to the design contract with DMJM Harris for the Rainier Avenue—SW 7th St to S 4th Place Project (TIP#11). H\Divisions\TRANSPOR.TATDESIGN.ENGUASONPmjects\1 ainier Avenue SW 7th to 4th PI\City Correspondence\Agenda Bill DMJM Harris Supplement Agreement No I doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (WEDGEWOOD LANE FINAL PLAT [DIVISION 4 AND 5]; FILE NO. LUA-06-100FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or Sow roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; 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 IL The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 4.88 acres, is located in the vicinity of NE 10th Street, Hoquiam Avenue NE and Ilwaco Pl. NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated January 31, 2007. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1240:2/5/07:ma 2 w EXHIBIT A LEGAL DESCRIPTION Wedgewood Lane Divisions 4 & 5 DIVISION 4; THE NORTH 15 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; EXCEPT THE WEST 30 FEET THEREOF FOR ROAD; AND THE NORTH 315 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DIMSIQN 5, THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST **sr QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 30 fte..t THEREOF AS CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 3261892. VICINITY MAP **1001 Wedgewood Lane, Divisions 4 & 5 4 ' i If- 01Y '4le � : A 1 t t,...' ( Li NE 1011,1 T SITE MM w 8 9 • , i MISERY ,44.0 17 ci; 16 15 14 % MAPLEVOOO GOLF 41111, VICINITY MAP gar *- DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Land Trust Inc. Wedgewood Lane Final Plat(Division 4&5) (Preliminary Plats LUA 05-017PP, LUA 05- 166PP) File: LUA 06-100FP LOCATION: NE 10th St, Hoquiam Ave NE and Ilwaco P1 NE, all in Section 10, Twp. 23 N. Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 23 single family residential lots with water, sewer, storm, streets and lighting. RECOMMENDATION: Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION "' Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Land Trust Inc., filed a request for approval of a 23 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on April 19, 2005 for Division 4, on February 14, 2006 for Division 5 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at NE 10th St, Hoquiam Ave NE and Ilwaco PINE. The new plat is located in Section 10, Twp. 23 N. Rng. 5 E. 6. The subject site is a 4.88 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on July 18, 2005 for Division 4, on May 8, 2006 for Division 5. 8. The property is located within the R-8 Zoning. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plats were subject to a number of conditions as a result of both environmental review and plat review. By division. 1440 DIVISION 4 1. The project shall be required to be designed and comply with the Department of Ecology's (DOE)Erosion and Sediment Control Requirements outlined in Volume II of the 2001 Stormwater Management Manual. A TESCP was drafted in accordance with the DOE manual,and it was reviewed and approved by the Development Services Division prior to commencement of earthwork activities. 2. This project shall be designed to be in compliance with the 1998 Level 2 King County Surface Water Design Manual for water quality treatment and detention. The project's storm water facilities were designed to a standard that meets and/or exceeds this standard. 3. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 per new single family lot prior to the recording of the final plat. The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. , old 5. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single family lot prior to the recording of the final plat. The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 6. During site preparation and construction of improvements and residences, the applicant shall install silt fencing with brightly colored flags to indicate the boundaries of the wetland and stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division and be completed prior to the issuance of construction utility permits. Silt fencing and flagging will remain in place along the wetland buffer edge until earthwork activities have ceased and the split-rail fencing and signage denoting the wetland area has been installed. 7. After the development of roadway and utility improvements, the applicant shall install permanent fencing(i.e., split-rail fence or other approved barrier) and signage, noting the critical area, along the entire edge of the wetland and stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. A split-rail fence and signage will be installed prior to the recordation of the final plat. 2 WEDGEWOOD4&5FP.DOC/ DIVISION 5 1. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan `trr (TESCP)designed pursuant to the Department of Ecology's Erosion and Sedimentation Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual, and provide staff with a Construction Mitigation Plan prior to issuance of construction permits. This plan shall be subject to review and approval by the Developmemnt Services Division. A TESCP was drafted in accordance with the DOE manual, and it was reviewed and approved by the Development Services Division prior to commencement of earthwork activities. 2. The applicant shall comply with the recommendations contained within the geotechnical report dated December 22, 2005,prepared by Earth Consultants, Inc. The report's recommendations were followed during the design, review and construction of the improvements for this project. 3. The applicant shall comply with the recommendations for downstream drainage improvements and improvements to 'Pond A'located on the Wedgewood 3 site, to accommodate storm water drainage from the Wedgewood 5 site, as described in the preliminary drainage report dated December 22, 2005,prepared by CORE Design, Inc. with the condition that the project shall be designed to comply with the 2005 King County Surface Water Design Manual—Level 2 for water quality treatment and detention. The design of Pond 'A' in Wedgewood Division 3 was altered to accommodate runoff from Wedgewood Division 5. The pond was altered in such a way to allow it to detain and treat the runoff from Division 5 in accordance with the standards outlined in the 2005 King County Surface Water Design Manual. 4. If any alterations of Pond A are required in order to accommodate drainage from the Wedgewood Division 5 site, which will impact the pond's landscaping/trail improvements as approved in the Wedgewood 3 preliminary plat(L UA 05-086), these impacts shall be mitigated so that the appearance and function of the landscaping and trail are not reduced. Changes were made to Pond A to accommodate additional runoff from Division 5; the changes included the addition of a 12-inch tall concrete wall to the east wall of the pond. However, the wall does not interfere with the trail improvements, nor the landscaping; as a matter of fact, the landscaping (as shown on the design submitted with this application) works to obscure the wall from the view of the homes that back up to Pond A. 5. Pond A on the Wedgewood 3 site shall not be altered so that safety fencing is required. The pond revisions, which have already been reviewed and approved by the Development Services Division, did not require the use of safety fencing. 6. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 per new single family lot prior to the recording of the final plat. The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 7. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. The appropriate mitigation fees will be paid to the City immediately prior to the recording of the final plat. 3 WEDGEWOOD4&5FP.DOC/ 8. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single family lot prior to the recording of the final plat. The appropriate mitigation fees will be paid to the City immediately prior to the recording vief of the final plat. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat. By division. DIVISION 4 1. The applicant shall comply with the conditions imposed by the ERC. The applicant has complied as noted under each item above. 2. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager. A demolition permit was obtained,the existing structures were demolished, and the permit has been finaled. 3. The applicant shall submit a conceptual landscape plan for the 5-foot landscape strip as prepared by a registered landscape architect, or a certified nurseryman, or other similarly qualified professional to the Development Services Division Project Manager for review and approval prior to recording of the final plat. The requested landscaping plan is being submitted herewith for approval prior to the recording of the final plat. 4. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared '' 1601 improvements. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. The Wedgewood Lane Homeowners Association was incorporated on March 24,2006. A set of covenants,conditions and restrictions is being submitted with the final plat application in order to establish responsibilities for the maintenance of all shared private improvements. 5. A sign shall be installed at the stub road, NE 10th Street, that informs residents that the road would be extended to the east in the future and carry through-traffic. The sign shall be installed prior to the recording of the final plat. By the time of the recording of the final plat,NE 101h Street will have become a through street. Therefore,the sign will not be installed. 6. The applicant shall have to assure that lots meet lot area and setback requirements aside from the easement areas for proposed Lots 2 and 7 setbacks. Lots 2 and 7 are a size and shape that is consistent with the City's subdivision standards. 7. The plat shall reflect the temporary turnaround at the eastern end of NE 10th Street and the plat mylar shall contain appropriate language indicating that the turnaround will be required until NE 10th Street connects to and forms a through-link to another public street system east of the subject site. 4 WEDGEWOOD4&5FP.DOC/ By the time of the recording of the final plat, NE 10th Street will have become a through street. Therefore, the temporary turnaround will not be installed. DIVISION 5 1. The applicant shall comply with the conditions imposed by the ERC. The applicant has complied as noted under each item above. 2. The applicant shall provide Stormwater retention in Pond A at Wedgewood Division 3. If it becomes necessary to enlarge the pond, it should be enlarged along the western edge and otherwise comply with the conditions of the ERC. In accordance with the Hearing Examiner's recommendation,the footprint of the pond was not enlarged. Instead,the pond's capacity was increased by adding a 12"tall concrete wall along the east side of the pond. The concrete wall does not interfere with the proposed trails around the pond area, and it will be obscured from the residents' views by landscaping within the sidewalls of the pond. 3. The applicant shall develop a bioswale on the subject site if one is required by storm drainage requirements. No such bioswale was required by the Development Services Division during their review of the storm drainage improvements for this plat. 4. The applicant shall provide a detailed landscape plan that shows proposed landscaping, including street trees for all street frontages and setback areas. If a bioswale is necessary to meet the water quality treatment requirements of the 2005 King County Surface Water Design Manual, Niue Level 2,for the proposed plat, the bioswale area shall also be landscaped. Satisfaction of these requirements shall be subject to review and approval of the Development Services Division prior to recording of the final plat. A final landscaping plan is being submitted for review with this final plat application.No bioswale was required by the Development Services Division for water quality treatment. 5. The applicant shall provide a tree inventory and tree retention plan to this office and to the Development Services Division for review and approval prior to the plat going to the City Council. The plan must show preservation of at least 25%of trees with a minimum diameter of 8" (evergreen) or 12" (deciduous) when measured 4 ft above grade, and indicate how proposed building footprints will be sited. The following species are exempted from the retention requirements outside of critical areas: a) All Populus species including cottonwood(Populus trichocarpa), quaking aspen (Populus tremuloides), lombardy poplar(Populus nigra "Italica'), etc. b) All Alnus species which includes red alder(Alnus oregona), black alder(Alnus glutinosa), white alder(Alnus rhombifolia), etc. c) Salix species which includes weeping willow(Salix babylonica), etc., unless along a stream bank and away from paved areas. d) All Platanus species which include London plane tree(Platanus acerifolia), American sycamore, buttonwood(Platanus occidentalis), etc. A tree retention plan showing retention of 25% of trees with a minimum diameter of 8" for evergreen,or 12"deciduous was submitted to Keri Weaver of the Development Services Division on April 20,2006. A grade and clearing permit has since been issued,and all trees but those designated on the plan were removed. 5 WEDGE WOOD4&5FP.DOC/ 6. The applicant shall comply with the conditions of the approved modification for street width reduction and landscaping/sidewalk placement, dated March 13, 2006. A detailed landscape plan has been prepared for submittal with this application,showing ,,,fir+ all proposed plantings within the planter strip; however,no fencing is proposed. A note has been added to the face of the plat indicating that the HOA will be responsible for maintenance of the planter strip. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 31ST DAY OF JANUARY, 2007 gt . f,--7-` 1/...211;:' \..a :Fa, • b/.2 L . .. DLOPMENT SERVICES DIVISI IS 6 WEDGEWOOD4&5FP.DOC/ `'"" VICINITY MAP Wedgewood Lane, Divisions 4 & 5 ( j 5 I ; - i ______________ __... VI-97;030*. ' -„'ltd' :r .y t W At1 a E w hE lO7N $1REEY SI TE "-----7---111111E 8 9 1a1 1.1 < ; o V ' i NE s,ET. GREENWOOD -- ,040., Y REN TON 17 169 1F 4 15 , 14 MAPLE-VOW GOLF COURs”E P � `�'a Ill VICINITY MAP • 1 `41110 4 5 6 7 8 9 10 17 12 73 2 3 DIV. 5 NE 10TH ST / 2 441 8 9 Qv 10 v� 6 j 3 4 I 5 DIV. 4 TRACT A 1 � NE 9TH PL V � NSE 118TH Si' _ ‘4•■• , ,t, NO SCALE NE 8TH PL WEDGEWOOD LANE DIVISIONS 4 & 5 PAGE FINAL PLAT 1 OF 1 OVERALL PLAT PLAN /1111. CORE1471 1 NE 29th Place Suite 101 1471Bellevue,1 Washington 98007 425.885.7877 Fax 425.885.7963 DESIGN ENGINEERING • PLANNING • SURVEYING o6 -t68 Nor EXHIBIT A LEGAL DESCRIPTION Wedgewood Lane Divisions 4 & 5 DIVISION 4; THE NORTH 15 FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; EXCEPT THE WEST 30 FEET THEREOF FOR ROAD; AND THE NORTH 315 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. [21VISION 5; THE SOUTH HALF OF THE SOUTH HALF OF 'THE SOUTHEAST QUARTER OF THE NORTHWEST 'or QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 30 FEET THEREOF AS CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 3261892. CITY OF RENTON COUNCIL AGENDA BILL IAl#: 1 141.0, Submitting Data: Planning/Building/Public Works For Agenda of: February 12, 2007 Dept/Div/Board.. Development Services Division Staff Contact Mike Dotson X-7304 Agenda Status Consent X Subject: Public Hearing.. Victoria Pointe Final Plat. CorrespondenceOrdinance File Number: LUA 06-148 FP (Preliminary Plat LUA Resolution X 05-115). Old Business Exhibits: New Business 1. Resolution and legal description. Study Sessions 2. Staff report and Recommendation. Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment likipoo Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: This final plat subdivides 1.69 acres into 10 single-family residential lots with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks, and street improvements. Design and construction of utilities, lighting, and pavement will be approved, accepted, or deferred (and a security device posted) as required through the Planning/Building/Public Works Department prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Victoria Pointe Final Plat, LUA 06-148FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. C:\DOCUME--1\B Walton\LOCALS.I\Temp\Victoria AGNBHPII2.doc/ CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (VICTORIA POINTE; FILE NO. LUA 06- 148FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or Now roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; 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 H. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth Nosy 1 err► RESOLUTION NO. (The property, consisting of approximately 1.69 acres, is located in the vicinity of 3701 Wells Ave N) NitatiO is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated January 29, 2007. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Ned Approved as to form: Lawrence J. Warren, City Attorney RES.1238:1/31/07:ma 2 , EXHIBIT A 'fir►' Legal Description of Property PORTION OF SW 1/4 OF NW 1/4, SECTION 32, T 24 N, R 5 E, W.M. LEGAL DESCRIPTION OF RECORDS PARCEL A THE EAST 125 FEET OF TRACT 80 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DMSION NO. 2, ACCORDING TO THE PLAT THEREOF , RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON. PARCEL B TOGETHER WITH: THE WEST 100 FEET OF THE EAST 225 FEET OF TRACT 80 OF C.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON; %re PARCEL D TOGETHER WITH EAST 300 FEET OF TRACT 79, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 90 FEET OF THE EAST 140 FEET THEREOF. PARCEL C TOGETHER WITH TRACT 80, C.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN NO. 2, ACCORDING TO THE PLAT THEREOF; RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON EXCEPT THE EAST 255'. I • 1,44 41 N 40111 sr ce2 4.1t, SITE gaf L1131 N NTH Atb. IMMOVION 11111 maw VICINITY MAP N . T. S. ,44004 Ni.., DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Robert West Hi-Point Development, Inc. Victoria Pointe Final Plat. File: LUA 06-148, FP LOCATION: 3701 Wells Ave N. Section 05, Twp. 23 N., Rng 5 E. SUMMARY OF REQUEST: Final Plat for 10 single-family residential lots with water, sanitary sewer, storm, street and lighting. RECOMMENDATION: Approve With Conditions '41110" FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Robert West, filed a request for approval of Victoria Pointe, LLC a 10-lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non-Significance-Mitigated (DMA-M). 4. All appropriate City of Renton personnel reviewed the subject proposal. 5. The subject site is located at 3700 block of Lake Washington Blvd N. The new plat is located in Section 05, Twp. 23 N., Rng 5 E. 6. The subject site is comprised of a parcel of 1.69 acres. ANIL 7. The Preliminary Plat (LUA-05-115) was approved by the City of Renton Council on March 6, 2006. 8. The site is zoned R-8 (Single Family— 8 dwelling units/acre). 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. As a condition of Final Plat submittal, the following items address the conditions of plat approval from the Hearing Examiner's decision approved by the City Council. The conditions of the Plat Approval and actions taken are summarized below. 1. The applicant, staff and abutting property owners will be required to work together to create a solution that is effective and safe for the transition and separation of the private easement and North 37th Street. The applicant shall be responsible for any fence or other transitional structures, pavement or markings as determined by staff. • The applicant has worked with the property owners and staff to create a transition to the new North 37`h Street right of way. This was done with a combination of grading, curbing, relocation of driveways, and drainage improvements. 2. The applicant shall comply with the conditions imposed by the ERC decision on December 28, 2005. • This condition will be satisfied by action taken by the Victoria Pointe, LLC (see section below entitled ERC condition confirmation). 3. The applicant shall provide a detailed landscape plan that shows proposed landscaping for all street frontages and the bioswale area. Landscaping shall be consistent with the requirements of the RMC 4-2-110. A 5-foot buffer area is required along the frontages of Lake Washington Blvd., N. 37th Street and Wells Ave N. If any additional right of way exists outside of the 5-foot buffer areas, those areas shall also be landscaped. The satisfaction of these requirements shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. • A final landscape plan has been reviewed and approved by the Development Services Staff 4. The dedicated right-of-way of N 37th Street shall not be gated at any point within the plat. • This condition shall be satisfied by action taken by the Victoria Pointe, LLC and the completion of construction of the approved engineering plans. ERC CONDITION COMPLIANCE: The application has complied with the conditions imposed by the ERC (conditions to follow): 1.The project shall be designed and comply with Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 Stormwater Management Manual Division. • This measure has been met by action taken by the Victoria Pointe, LLC and the completion of construction of the approved engineering plans. 2. The applicant shall comply with the recommendations contained in the geotechnical report dated September 21, 2005, prepared by Cornerstone Geotechnical, Inc. • This measure has been met by action taken by the Victoria Pointe, LLC and the completion of construction of the finale permit. `No►'' 5. The applicant shall design the project to comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. • This measure has been met by action taken by the Engineer and Victoria Pointe, LLC and the completion of construction of the approved engineering plans. 6. The applicant shall pay the appropriate Fire Mitigation Fee Based on a rate of $488.00 per new single-family lot. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. • The Victoria Pointe, LLC will pay the necessary fee prior to recording of the final plat. 7. The applicant shall pay the appropriate Traffic Mitigation Fee based on a rate of $75.00 per each new average daily trip associated with the project. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. • The Victoria Pointe, LLC will pay the necessary fee prior to recording of the final plat. 8. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of *AS $530.76 per new single-family lot. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. • The Victoria Pointe, LLC will pay the necessary fee prior to recording of the final plat. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: 1. The City Council should approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 29th DAY OF JANUARY 2007. 6 %.00 MIKE DOTSON DEVELOPMENT SERVICES DIVISION cc: Kayren Kittrick LUA-06-148-FP No44 1,4 147 sr # 4'..t- SITE ��440 ' / LUZ ► 3 fm WA. idWNW 4 „,.., 41. 4,.. iffi4. , , ,„.„, f : : # VICINITY MAP N . T. S. RECORDING NO. VOL./PAGE City of Renton King County, WA PLAT OF LUA-05-115, PP PORTION OF • SW 1/4 OF NW 1/4, SECTION 32, T 24 N, R 5 E, W.M. / ' / LINE TABLE / UNE LENGTH BEARING I / 1.2 17.73 NO1'52'54"E a'i L3 - _ COSTING BRASS 01 / F; L4 55.01 588.43'13'E / ^o \ / Jo.`/! E t L5 52.50 S88'43'13"E w a� L6 52.50 588143'13"E 0 / / 1 . s u �O�S L7 95.17 NO1'52154•E [ii / �0�7,p 1 W't & tl� N I v°t �w L8 - - � /Y tlj'1'M s�� y,►1 1 ao '�"" 8¢'W SII - - /i UNDERLRNO UNOERLYMC UNDERLYING IJ L10 68.55 NO1'52'54"E / PARCEL C PARC0. B' PARCEL'A' L11 75.00 S88'42'27"E L12 70.00 N88'42'27"w STATE PLANE ! / NORTH M1 MAL114NS U11Ft LOT WASH � 1.13 70.00 N88'42'27"W NORTH ZONEGARDEN OF EDEN NO.2� NB8'42'27•W 478.3B83 L14 70.00 N88.42127"W ' -T)1 / / / 117 LIB us ' 114 I 113 112 uI -' 2'RIGHT OF WAY L15 64.00 N88'42'27"W J OEOICATION 1_16 64.00 N88'42'27"W e / EA9EMFHT �o 117 63.38 N88'42'27"W . / LOT 7 _ LOT 6 ior 4 116 67.17 N24'01'11"E / 6,526 Sq,FL"-T 293 Sq.Ft s,300 o 41 q x x� LOT 5 LOT 9 LOT 1 -J E 410 L19 36.10 N24'01'11"E / Sq.Ft. 3 5 841 Sq.Ft. € 0.8143°Aaaal 3,839 Sq.Ft. "�� tl 6620 Sq.Ft. c$• D 0.13 Aorw 12 ACrw 0.12 A . 6.13 Acres S 0.13 A . 620 Aeras L20 74.64 S88'4Y50'E ANO u TO e �� n 41^�r1 OE L21 64.00 S88'42'50"E U2 50.98 588.42'50"E / ^' LTO N8r4Ys0'w 121 122 E.L2;( 124 126 �� : V ? E. _ I �5 n89.43•t3•w - _wN L23 13.03 58530.57"E NWT- 2t,7.2e! - g o N88'aJ'1N88 aoo.ot A T NE 37th STREET L24_ 70.00 988143'13"E4;1 - 125 70.00 S88'43'13"E Neea2.50'W 222.39' la NORTHEAST % t3O N8r43.13•W 729 L1e g Le_ - g 37th STREET 126 70.00 S88'43'13"E / i- L27 60.16 588143'13"E / W- 1- -� Ner43't3 w 14441- L28 52.50 588'43'13"E O ANO CASE ,ytp I ° L29 52.50 588'43'13"E / / -.t 1,69 01'10 '" TO NE SET I I 1„ CASE TO BE SET`� 1M"10'' = LOT to LOT 9 'i Ir B I Y_' ,,D151, L. 130 55.01 S86'43'13"E . / 3''1' 1�'q1 4 9x Sq.FI a 5 a 72s sa.fiL $ ` 1°° FN 1.31 82.75 NO1'52'54"E 6.tl Aera. 6717;As„,, X11 Aef°6 1,,402:10 AE 1_32 82.74 501'S2'S4"W it, I ''2. I i to'EASEMENT S- R n 0 NEC NO.8860972 F 133 83.48 NO1'5254"E ^� /rye ^o I I 8 30 1Q4PORARY I3 Of 134 83.44 SD7'S2'S4"W +� J/--- 8 1 1 8i RCONSTRUCTIONECEASEMENT I ,,1 L35 83.43 N01'52154•E _'3 / , -1 • 14 17 a ,LB , W 1.36 83.41 S01'52'541W / .'" SOUTN LME OF LOT 79 I NBB•43'13'W 1 0.01'N I NB8'43.13'W 140.01 1.37 90.00 $O1'52'54"W HILLMANS LK WASH I I L38 90.00 901'52'54"W /n GARDEN OF EDEN NO.2 I UUNN D is -PARCEL 0. iZ L39 - - EXISTING PIPE = I I 1.40 12.50 N01'52'54"E MON WITH 3-1/4' // I 0 ► I 1 I L41 12.50 N01152154"E SEE CITaY MON �0��68 L42 13.55 N24'01'11"E CARD 816 / 21 I 11,01'1°°' / / 31 322CURVE TABLE % `' - - _. _ _NBB•43.36•W 1301.157.1301.157. _ CURVE LENGTH RADIUS DELTA ANGLE `�iJ2 SEE ROS 20010807900002 _ - - - �-�- Cl 29.51 15.00 112'44'01" D'7' EXISTING MON EXISTING C2 23.40 15.00 89'23'54" BRASS DISK88.19.' IN CASE LEGEND: PROPERTY UNE EASMENT LINE NOTES• _.__ ROAD CENTER UNE ---- EXISTING RIGHT-OF-WAY FOR DOCUMENTATION OF OCCUPATION AND SURVEY CONTROL 1.2PROPOSED LOT UNE PLEASE REFER TO RECORD OF SURVEY RECORDED UNDER 20050708900001 Q • 5/8"RE8AR AND CAP TO BE SET a. O MONUMENT AND OASE TO BE SEr BASIS OF SEARING-SEE SURVEY RECORDED UNDER 20010807900002 \ J O Infrastructure .,;::`": 1\ PLAT OF VICT POINTE ti,,, I -iiirC�� Q Consulting �� '4" CITY FILE NUMBER: '. e cm_a.-._.... Corporation , EXHIBIT A Legal Description of Property PORTION OF SW 1/4 OF NW 1/4, SECTION 32, T 24 N, R 5 E, W.M. LEGAL DESCRIPTION OF RECORDS PARCEL A THE EAST 125 FEET OF TRACT 80 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DMSION NO. 2, ACCORDING TO THE PLAT THEREOF , RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON. PARCEL B TOGETHER WITH: THE WEST 100 FEET OF THE EAST 225 FEET OF TRACT 80 OF C.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON; 'rn► PARCEL D TOGETHER WITH EAST 300 FEET OF TRACT 79, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDMON TO SEATTLE NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 90 FEET OF THE EAST 140 FEET THEREOF. PARCEL C TOGETHER WITH TRACT 80, C.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN NO. 2, ACCORDING TO THE PLAT THEREOF; RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON EXCEPT THE EAST 255'. '"err' CITY OF RENTON COUNCIL AGENDA BILL -7 ' AI#: , 4 4_ iiiiiiiie Submitting Data: For Agenda of: Dept/Div/Board.. Economic Development, February 12, 2007 Neighborhoods, and Strategic Planning Staff Contact Don Erickson, x-6581 Agenda Status Consent X Subject: Public Hearing.. Proposed Perkins Annexation effectuation and zoning Correspondence.. ordinances Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Boundary Review Board Closing Letter Information Ordinances Recommended Action: Approvals: Council concur to set a public hearing date for February, Legal Dept X 26, 2007 Finance Dept Other • Fiscal Impact: 1/411600, Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A ' City Share Total Project.. SUMMARY OF ACTION: Council accepted the 60%Petition to Annex in June 2006 and at that time, authorized staff to forward the Notice of Intent package to the Boundary Review Board for King County(BRB). In December 2006, the City received the closing letter from the BRB with an effective approval date of December 14, 2006. The proposed 15.47-acre Perkins Annexation site is located in along the west and east sides of Union Avenue NE (132nd Avenue SE). State law requires the Council to hold at least two public hearings to consider future zoning for the subject site if it decides to accept the annexation and rezone it consistent with the City's Comprehensive Plan. The first of these public hearings was held on June 5, 2006. At that time, staff recommended R-4 zoning, consistent with the Comprehensive Plan Land Use Map designation of Residential Low Density, for the majority of the site west of 132nd Avenue SE. A small portion of the site on the east side of 132nd Avenue SE is recommended to be zoned R-8, consistent with the Residential Single Family land use designation shown for this area. The Council is also being asked to accept and approve this annexation by adopting the effectuation ordinance and concurrently rezoning it R-4 and R-8 by adopting these zoning ordinances. STAFF RECOMMENDATION: Set February 26, 2007, for a public hearing to consider effectuating the Perkins Annexation and iillowi concurrently rezoning the site R-4 and R-8. EDNSP/PAA/Annexations/Perkins Annexation/agnbill/de Y ECONOMIC DEVELOPMENT, 4: NEIGHBORHOODS, AND STRATEGIC ' .� ' PLANNING DEPARTMENT MEMORANDUM DATE: January 25, 2007 TO: Tony Nelson, Council President Council Members VIA: Kathy Keolker, Mayor FROM: Alex Pietsch, Administrator {, STAFF CONTACT: Don Erickson (6581) SUBJECT: Perkins Annexation - Second Public Hearing on Zoning and Effectuation of Annexation ISSUE: Whether the City Council wishes to now effectuate the Perkins Annexation now that the ;om,,,. Boundary Review Board for King County has completed their review and issued their closing letter? If Council decides to effectuate this annexation, whether it wishes to concurrently rezone it R-4 and R-8, consistent with the current Comprehensive Plan land use designations? RECOMMENDATION: The Administration recommends that Council: • Adopt ordinances effectuating the annexation of the 15.47-acre Perkins Annexation site along 132 Avenue SE, immediately north of Sierra Heights Elementary School; • Adopt an ordinance concurrently rezoning the western 14.54 acres of the site R-4, consistent with the Comprehensive Plan Residential Low Density (RLD) land use designation on the site; and, • Adopt an ordinance concurrently rezoning the half-acre lot on the east side of 132nd Avenue SE R-8, consistent with the Comprehensive Plan Residential Single Family (RS) land use designation. '`.r h:\ednsp\paa\annexations\perkins\final issue paper.doc t rimmirimimir Tony Nelson,Council President January 25,2007 Page 2 of 3 BACKGROUND SUMMARY: At its June 5, 2006, public meeting, Council accepted the 60% Direct Petition to Annex for this annexation and considered future zoning for the non-street portions of this 15.47-acre site. Pursuant to State law, the City is required to hold two public hearings on future zoning. This second public hearing is being scheduled to allow Council to effectuate this annexation by ordinance, if it so chooses, now that the Boundary Review Board for King County has reviewed and approved the annexation as submitting in the Notice of Intent package. It is also being held to allow Council to finalize its recommendations for future zoning, if it decides to effectuate this annexation. Staff is recommending that the larger, 13.47-acre portion of site, along the west side of 132nd Avenue SE, be zoned R-4, consistent with the RLD land use designation shown on the Comprehensive Plan Land Use Map for this area. Staff is also recommending that the smaller half acre eastern portion of the site along the eastern side of 132nd Avenue SE be zoned R-8, consistent with the land use designation shown for this area. It is anticipated that as many as 46 single-family detached dwelling units could be built on the R-4 portion of the site and four single-family detached dwelling units could be built on the smaller R-8 portion. Staff's fiscal analysis for this annexation indicated that upon annexation there would a slight surplus but at full development, based upon zoning potential, this would increase to over $24,140 in today's dollars. Even though the City collects a parks and recreation mitigation fee from new residential development, the anticipated cost of developing new recreational facilities to accommodate the anticipated number of new residents would exceed this amount by an estimated $22,395. At the June 5, 2006, meeting, the Administration also requested authorization from the Council to invoke the jurisdiction of the Boundary Review Board in order to have it consider expanding the boundaries of this annexation to include the Sierra Heights Elementary School. However, because of a pending State Supreme Count decision late last year that ultimately invalidated the BRB's authority to expand another annexation in the City of Redmond's PAA, Renton did not invoke the Board's jurisdiction for this annexation as it otherwise had intended, to bring in Sierra Heights Elementary School and create a more regular boundary. CONCLUSION: The proposed Perkins Annexation has now been approved by the Boundary Review Board for King County. The City has held the first of two required public hearings on zoning and will hopefully hold the second on February 26, 2007, to further consider zoning and decide whether to now effectuate this 15.47-acre annexation. City staff have reviewed this annexation and voiced no major objections to it or indicated obstacles to providing services to it. The Surface Water Utility, however, indicated that there are some drainage problems affecting properties to the north of the western NIS h:\ednsp\paa\annexations\perkins\final issue paper.doc Tony Nelson,Council President January 25,2007 Page 3 of 3 —w portion of the site which, most likely will be resolved in the future when the site is expected to redevelop. As noted above, Community Services, indicated a deficiency in park space and estimated one-time parks acquisition and improvement cost of$22,706 to bring annexation site up to citywide standards. Based upon the above and the previously submitted analysis, staff concludes that the proposed Perkins Annexation would further the City's business goals, be consistent with its Comprehensive Plan, and be in the general welfare and interest of the City. lrr° h:\ednsp\paa\annexations\perkins\final issue paper.doc 4111111111111111111.1111011.11110111111111111 \'\ Isill ! E{8,h !'IP S i r 1 la �ilitiVH__,.„__ , 4 _0- mos I.° , I i 1■■_ WAS/ 1Ilk 1 _° � �, dens,, 1 F.pripiemmer / / ii \ i , . N SE • Okla � r In I2 SE 95t Way Lij C1) \� _ IES 6E 95th a01111 �1 CLQ`'�th PI 9s�, z �` 041”11111111 i'441k% 1111 S .■■"i�r■ � n. • Itea pfi I1WW iE S t .:ill k �1 �. E WI v► r ' r`■ / Li 0 ma ma 1 111r.:::':tr. , k malriii ./ II Ilia NNW Nkir 'A Wu.:SVAT1 NEN 1111111111012/1111111 IMMO III 111 � b *C �i�L�e LLIIl MINIM .n■■■n. NI IPIIN_. it `V L� � :fir• - ■I J E LIII st st A1tjIi!V !1iIiii ..4 low e !I5I :Wd 1 malye �� r■■ S� • _ �1 t S ��� � ;II NOWAU� , mI u. pm w3■■1 i■ligefil rig aY�■II an lie ltil ''' MNI■■ tiF f)iI1 a �gara L�3'9� Y►�7■AMINfi■ mii pAilincormon a I 'JI no alp 9r4 &��Mino� Ns ■ ■ ■■ tune& aigl illiN11111111111 i. ; Ill goadraibi -3 sommommilhom mu , MI !I iie %` 3 �1 y E. 7 • II �- fid ■■ i.0 - e ir _ I ,. Ilia MI c;, --- --` 1_-_ ION* iri r 4 pm c„,„: ,- --ilt - v 1:1- _ iriT . 1 ,__A 5 a ■m�►� 2:h ----- Proposed Perkins Annexation 0 800 1600 Figure 1:Vicinity Map Y Economic Development,Neighborhoods&Strategic Planning 1 : 9600 ���� f 1 Annexation Area J4. Alex Pietsch.Administrator City Limits G.Del Rosario ..� .4"14-.0 20 September 2005 Nov CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (PERKINS ANNEXATION; FILE NO. A-05-006) WHEREAS, under the provisions of RCW 35A.14.120 as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about September 28, 2005; and WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120, and upon public hearing thereon, it having been determined and the petitioning owners having agreed to assume their fair share of the pre-existing outstanding indebtedness of the City of Renton as it pertains to the territory petitioned to be annexed; and to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified on December 22, 2005, the signatures on the petition for annexation and determined signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and `fir 1 ORDINANCE NO. WHEREAS, the Economic Development, Neighborhoods and Strategic Planning ,fir Department of the City of Renton having considered and recommended the annexing of said property to the City of Renton; and WHEREAS, the City Council fixed February 19, 2007, as the time and place for public hearing in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to said notices, public hearings have been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of December 14, 2006; and , id WHEREAS, the City of Renton is concurrently zoning the annexation site R-4, four units per net acre, and R-8, eight units per net acre; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140 and 150, have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of 2 err✓ ORDINANCE NO. „. Renton, and such annexation to be effective on and after the approval, passage, and publication of this Ordinance; and on and after said date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit"A”attached hereto and made a part hereof as if fully set forth herein [Said property, approximately 15.47 acres in area, is generally located along and south of SE 95th Place, if extended, and mostly west of Union Avenue NE (132nd Avenue SE)] and the owners of the property within the annexation shall assume their fair share of the outstanding indebtedness of the City of Renton as prescribed in RCW 35A.14.120 as it pertains to the property, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This Ordinance shall be effective upon its passage, approval, and Noire five days after its publication. A certified copy of this Ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk Noire3 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. : :ma 4 *00 Exhibit"A" Nose PERKINS ANNEXATION LEGAL DESCRIPTION The north 491.24 feet of the northeast quarter of the northeast quarter of Section 4, Township 23 North,Range 5 East, W.M., in King County, Washington; EXCEPT that portion of the east 30 feet thereof lying southerly of the existing City Limits of Renton, as annexed by Ordinance No. 4195; TOGETHER WITH that portion of the west 30 feet(132nd Ave SE)of the northwest quarter of the northwest quarter of Section 3,Township 23 North,Range 5 East,W.M., in King County, Washington lying northerly of the existing City Limits of Renton, as annexed by Ordinance No.4195; and TOGETHER WITH the south 120 feet of the north 384 feet of the east 181.5 feet of the west 211.5 feet of said northwest quarter of the northwest quarter. 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Y g,fi n 1 I = ji bch - tIII ■= ' �t2 MU Ira � gaga grer4111 Il& IIIIIINIMEN11111 ' ail. rst 01- ,1011. r 1015 IIII litiliniMI I.;11 . no 411%MI !!IIII 11Pt* 6 -- witioN Iv, iiiimmo 1 • -'1i A 4IIMIIRI 6 sa 0 iv, arounisimd du ii ► as / PAIN ' A WI e ,r1 ow • in Ns la •vala s 111111111 " 111 1* .2-1Wd - 1 111‘4AwIll 1 &A .. . as El ON ilywAte .1 i si ,1 ... mo . sank ii ` ' irPin/ ° 7 , '- 1 Proposed Perkins Annexation 0 400 800 Zoning Map T ••• Economic Development,Neighborhoods&Strategic Planning 1 4800 *(sem�♦ Alex Pietsch,Administrator Proposed R-4 Zoning �iN` G.Del Rosario � N.TOT� 18 January 2006 City Limits _ 3h 'V► CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL, 4 DU PER ACRE, KING COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DU/AC; EIGHT DWELLING UNITS PER ACRE) (PERKINS ANNEXATION, FILE NO. A-05-006). WHEREAS, under Section 4.2.020 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," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, said property owners petitioned the City of Renton for annexation and �trr► concurrent rezoning, which said annexation having previously been approved and the property annexed to the City of Renton, and the City having held two public hearings to consider this zoning application, the first hearing being held on June 5, 2006, and the second hearing being held on February 19, 2007; and said zoning request being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-8 as hereinbelow specified. The annual ordinance adopting the maps of the City's 1 Asermissimminimor ORDINANCE NO. zoning ordinance is hereby amended to evidence said rezoning and the EDNSP Administrator is , hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence said rezoning, to wit: See Exhibit"A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 0.50 acres, is located east of 132 Avenue SE and north of SE 98` Street, if extended.] SECTION II. This ordinance shall be effective upon its passage, approval, and five days after its publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk Ned APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. : :ma 2 .4400 Exhibit"A" *"' R-4 REZONE LEGAL DESCRIPTION The north 491.24 feet of the northeast quarter of the northeast quarter of Section 4, Township 23 North,Range 5 East, W.M., in King County, Washington; EXCEPT that portion of the east 30 feet thereof lying southerly of the existing City Limits of Renton, as annexed by Ordinance No. 4195; EXCEPT streets. erre isimmo rWaynSE 95t = , w SE a, 4401 ' iiIi Q bill fp 1 MI 1110 is 5 nth PI r--- ---, illik-96?( iv liki _AA11,. -.. N_____ -.„„,:.,, „„ ,i,,,,,,t4_ . ,- _. - , -,,,ze,: -,:' ''4' '''4 1111 IIIPME fos, _`,., s # ester ` ' . e p' .„-W,%:, - �'' 111 t t :z ¢ a Vi :!- '- I 4 ; St iiii41;!'ig-QW44-31:47 --• „...,,,,*„.A. Ec I < min 11$, p�th1 l, Ira A , ,„„,” hip . -, , iv gm gi 'JP !i p ';;i; , MVO landad me .4k i ig „.... IIIIIII =I sultRIINE al is op . • - a 6 17: VIPmr. !V17.'f,, "'" 4.-•• ,Ass ral In immomdiumm. mow. „Jam= Antmil Tx —.4 iii ol � u ► lli pulihif Illa III nill I No imp nirAn ar ii r-4- Mr la In (1)MI ffl, EN. Milkill / rIla ii ?a m iftErAMMINIMIF im _ilicTAM IN INIi� m-r. h. vals ai tau►■ m Proposed Perkins Annexation 0 400 800 Zoning Map I 1 Economic Development,Neighborhoods&Strategic Planning Proposed R-4 Zoning 1 4800 Q* Alex Pietsselch,Administrator C.E.Fea — City Limits A ,r 08 February 2007 41kagoe CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL, 4 DU PER ACRE, KING COUNTY ZONING) TO R-8 (RESIDENTIAL 8 DU/AC; EIGHT DWELLING UNITS PER ACRE) (PERKINS ANNEXATION, FILE NO. A-05-006). WHEREAS, under Section 4.2.020 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," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, said property owners petitioned the City of Renton for annexation and Nowse concurrent rezoning, which said annexation having previously been approved and the property annexed to the City of Renton, and the City having held two public hearings to consider this zoning application, the first hearing being held on June 5, 2006, and the second hearing being held on February 19, 2007; and said zoning request being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-8 as hereinbelow specified. The annual ordinance adopting the maps of the City's 1 Ainsommomormaimmer ORDINANCE NO. zoning ordinance is hereby amended to evidence said rezoning and the EDNSP Administrator is ,fit hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence said rezoning, to wit: See Exhibit"A"attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 0.50 acres, is located east of 132 Avenue SE and north of SE 98th Street, if extended.] SECTION II. This ordinance shall be effective upon its passage, approval, and five days after its publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. : :ma 2 Exhibit"A" 'otir►' R-8 REZONE LEGAL DESCRIPTION The south 120 feet of the north 384 feet of the east 181.5 feet of the west 211.5 feet of the northwest quarter of the northwest quarter of Section 3,Township 23 North, Range 5 East, W.M., lying north of the existing City Limits of Renton,as annexed by Ordinance No 4195, EXCEPT streets. ''err' mionvik VT: I W SE 95th \\ O M SE 95t W3y I 111 Q Or ) .41 OW NICiji t h P I S( I1II1IPI Ai' mist _ A - I1 >41 \ 111 i LIII 5t .I - pidh t .o mu !�R ° ii it:%111.06 monalI Amok Illr, " 1 rA NM ryt elk 11111111,111)11 — la Vei pt I MEW s IllIl 1 ,11,4601 /as .''': - MI t\ Ar ti!, v= aliglag "111111111101, -t, la 4 i ot an ansan, no no, 1% ""' '2' El • 111W iIII22 S ter: -ii* I�♦ •-, 'dal TO laiitt '7 Aii ,ii, _...iii 101 1 11111111 lir& k I A ‘t 4/ 0 ittlerd 11111 111 -' &0 SOO gmso on _s• 1 0 MilWIIIITAIN a, , mon wift asum 0... __o w ---=-4 W'�1ss ac� �f� Pia .ai i / I... !■- _MM WV MIK -.- . VAILI ►�■ Proposed Perkins Annexation 0 400 800 Zoning Map • Economic Development,Neighborhoods&Strategic Planning Proposed R-8 Zoning 1 : 4800 Q+ Alex Pietsch,Administrator C.E.Feasel — City Limits rt'NTO." 08 February 2007 CITY OF RENTON COUNCIL AGENDA BILL i Submitting Data: For Agenda of: Nim+' Dept/Div/Board.. Community Services/Human February 12,2007 Services Staff Contact Karen Bergsvik, ext.6652 Agenda Status Consent X Subject: Public Hearing.. Enlarge the size of the Human Services Advisory Correspondence.. Committee Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Proposed Ordinance Information Recommended Action: Approvals: Council concur. 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: The Human Services Advisory Committee is limited to nine members residing within the corporate boundaries of the City of Renton, one of which must be a youth representative. The Committee does not have any vacancies. Staff supports the Committee's request to add two additional members. It is felt this will ensure the members reflect the diversity of Renton and also will help in reviewing the funding applications. The increased size should not affect the ability of the Committee to have a quorum at meetings. There are attendance requirements in the bylaws. A larger number of committee members will support better community interaction. The Mayor appoints the members of this Committee. Mayor Keolker has agreed to increase the size of the Committee from nine members to eleven. STAFF RECOMMENDATION: Approve the expansion of the Human Services Advisory Committee from nine members to eleven. Rentonnet/agnbill/ bh ( Y G t; COMMUNITY SERVICES DEPARTMENT • //. � MEMORANDUM DATE: February 5, 2007 TO: Toni Nelson, Council President Renton City Councilmembers VIA: J Kathy Keolker, Mayor r, FROM: Terry Higashiyamad'Community Services Administrator STAFF CONTACT: Karen Bergsvik, Human Services Manager, x6652 SUBJECT: Enlarging the size of the Human Services Advisory Committee ISSUE: Should the size of the Human Services Advisory Committee be expanded from nine to eleven members? BACKGROUND: The Human Services Committee is limited to nine members residing within the corporate boundaries of the City of Renton, one of which must be a youth representative. This is in Ordinances 4833 and 5155, and the Committee's bylaws. The Committee does not have any vacancies. 'fire The Committee is comprised of people who represent the diverse nature of the city. As the population increases, the trend has been that the diversity of the residents also increases. Eleven members will allow the committee to better reflect this. It also gives two additional residents an opportunity to be involved in the community. With the increase in Human Services funding, it is anticipated that more agencies will apply to the City for 2009/2010 funding. More members will decrease the number of applications that each member will have to read. Committee members visit agencies which the City funds. Additional members mean more people will be aware of the resources that exist for Renton residents. The increased size should not affect the ability to have a quorum at the meetings. There are attendance requirements in the bylaws. The Human Services Advisory Committee requested this change, which the staff supports. Mayor Keolker has agreed to expand the size of the Committee from nine to eleven members. The Mayor appoints the members of the Committee. CONCLUSION: Enlarge the size of the Human Services Advisory Committee from nine to eleven members. c: Jay Covington, Chief Administrative Officer H:\HUMAN SE\COUNCIL\07 issue papers\enlarge size of hsac.doc 4111r CITY OF RENTON, WASHINGTON ,,, + ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 2-12-3, APPOINTMENT, OF CHAPTER 12, HUMAN SERVICES ADVISORY COMMITTEE, OF TITLE II (COMMISSIONS AND BOARDS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADDING TWO NEW MEMBERS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DOES ORDAIN AS FOLLOWS: SECTION I. Section 2-12-3, Appointment, of Chapter 12, Human Services Advisory Committee, of Title II(Commissions and Boards)of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: APPOINTMENT: The membership shall consist of eleven(11) members residing within the corporate boundaries of the City of Renton, one of whom shall be a youth representative under 21 years of age at the time of appointment. SECTION H. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk 1 t ORDINANCE NO. 'glow APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1328:1/17/07:ma 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: / Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division February 12, 2007 Staff Contact Ryan Zulauf, Airport Manager, Agenda Status x7471 Consent X Subject: Public Hearing.. Correspondence.. Addendum to AirO, Inc.'s Lease LAG 03-002 Ordinance Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Lease Addendum Information AirO, Inc. Lease LAG 03-002 Lease Area Map Recommended Action: Approvals: Legal Dept X Refer to Transportation/Aviation Committee Finance Dept Other... Fiscal Impact: ‘000' Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $69,834.31 annually Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Approval is requested for an addendum to AirO, Inc.'s lease, increasing its building and ground lease rates. Using the Consumer Price Index-Urban for the Seattle-Tacoma-Bremerton area to adjust the building lease rate, the rent has been increased from $25,930.44 to $28,114.06 per year, for the 3-year period November 1, 2006, through October 31, 2009. Using a market appraisal to determine the current ground lease rate for November 1, 2006, through October 31, 2009, AirO, Inc.'s ground lease rate shall increase from $30,420.63 to $41,720.25 for the first year, and increase to $53,010.57 for the remaining 2-year period ending October 31, 2009. This results in a combined annual rent of$81,124.63 plus leasehold tax. The decision to institute only half of the increase in the ground rate for the first year was due to a 74 percent increase in the ground rate as determined by the market appraisal, and was a negotiated item between AirO, Inc. and City staff. STAFF RECOMMENDATION: Approve a lease addendum to AirO, Inc.'s lease agreement LAG 03-002 for a stepped rate increase and authorize the Mayor and City Clerk to sign the addendum with AirO, Inc. H:\File Sys A1R-Airport,Transportation Services Division\03 Projects101Tasks\Agenda Bills\Airo Rate Adjustment for November 20061Agenda bill AirO- rate adjustment.doc �ti`SY 4� PLANNING/BUILDING/ Nine • �= ® , PUBLIC WORKS DEPARTMENT ��N�% MEMORANDUM DATE: February 12, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: " Kathy Keolker, Mayor ,6(y�,s FROM: L Gregg Zimmerm ' , "dministrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: Addendum to AirO, Inc.'s Lease LAG 03-002 ISSUE: Should Council approve a lease addendum to AirO, Inc.'s lease agreement LAG 03-002 for a stepped rate increase? 't✓ RECOMMENDATION: Approve a lease addendum to AirO, Inc.'s lease agreement LAG 03-002 for a stepped rate increase and authorize the Mayor and City Clerk to sign the addendum with AirO, Inc. BACKGROUND SUMMARY: AirO, Inc. leased a City owned building known as the 800 Building in 2003. The 800 Building was an old Boeing building that was in extremely poor condition. In addition,the building needed hangar doors installed, and a City occupancy permit. AirO, Inc. has one lease for both the building and the ground areas with respective rates. Typically, the City charges either a building rate or a ground rate, but not both. Original Lease Agreement In AirO, Inc.'s lease, the building rate was set below the market rate for the first 10 years (November 1, 2003, to November 1, 2013), with the stipulation that it make substantial improvements to the building, obtain an occupancy permit for the building (all of which have been completed), and sell two types of fuel to the public (currently only one other FBO sells fuel on the Airport). The remaining five years of AirO Inc.'s lease (November 1, 2013,to November 1, 2018) will be at market value based Niue on an appraisal of the building in 2013. The highest improved ground lease rate in Toni Nelson,Council President Members of the Renton City Council February 12,2007 Page 2 of 3 effect upon the execution of AirO, Inc.'s lease was $0.3271,and was applied to AirO Inc.'s lease at the start of their lease in 2003. Building Rate Increase AirO, Inc.'s lease, LAG 03-002, allows for a periodic rate adjustment using the Consumer Price Index-Urban for the Seattle-Tacoma-Bremerton areas (CPI-U), or another agreed upon method. On November 1, 2006, AirO, Inc.'s building lease rate, which was set below market value based on the condition of the building, was adjusted using the CPI-U for the 3-year period November 1,2006,through October 31, 2009. The building rate has been increased from $25,930.44 to $28,114.06 per year. The use of the CPI, rather than a building appraisal, reflects the City and AirO, Inc.'s prior agreement regarding improvements to the City owned building, and the agreement to sell fuel to the public. Ground Rate Increase The most recent market appraisal for improved ground leases on the Airport was completed in 1996, and the CPI-U has been used since to determine the current ground rate. For every 10-year period, a new market appraisal is completed to ensure the ground lease rate remains competitive. In the fall of 2006,a market appraisal of the improved ground lease rate was conducted for the entire Apron C area, which included AirO, Inc.'s leased area. The goal of the market appraisal of the improved ground lease rate was to establish a two- tier ground rate structure on the Airport so that the higher value land on Apron C is assessed at a higher rate. The new improved ground lease rate will also apply to the 820 Building and the future corporate aviation area of Apron C, which is supported by Policy Two in the 2005 Airport Development Study that was approved by the Mayor and Council. In addition, AirO Inc.'s acceptance of the improved ground lease rate increase,without going through arbitration, gives the Airport a solid comparison for the upcoming lease appraisal and renegotiations. Based on the market appraisal of the improved property,the new improved ground lease rate was determined to be $0.57 per square foot per year for the property on Apron C. The new lease rate is $0.2429 above the prior improved ground lease rate of$0.3271, resulting in an annual increase for AirO, Inc. from $30,420.63 to $53,010.57. Due to the size of the increase, AirO, Inc. requested that they be allowed to pay half of the improved ground lease rate increase this year,then the full increase next year. Airport staff was concerned that the possibility of an arbitration process would potentially degrade the ground rate increase. Therefore, Airport staff suggests that the Council accept half of the ground rate increase this year, and charge the full ground rate increase next year. h:\file sys\air-airport,transportation services division\03 projects\Oltasks\agenda bills\airo rate adjustment for november 2006\issue paper airo-rate adjustment.doc • Toni Nelson,Council President Members of the Renton City Council February 12,2007 Page 3 of 3 '`I11rr'' For the period November 1, 2006,through October 31, 2007, AirO, Inc.'s annual ground lease would increase from $30,420.63 to $41,720.25, which is half of the ground rate increase. This would result in a combined annual rent of$69,834.31 plus leasehold tax for the first year. For the period November 1, 2007 through October 31, 2009, AirO, Inc.'s annual ground lease would increase from $41,720.25 to $53,010.57, which is the full ground rate increase based on the appraisal. This would result in a combined annual rent of $81,124.63 per year, plus leasehold tax, for the remaining two-year period. This is a $24,773.00 increase over the existing total building and ground lease of$56,351.07 per year. cc: Jay Covington,Chief Administrative Officer Peter Hahn,Deputy PBPW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell/Carolyn Currie,Airport Secretary ``tlltre 'err h:\file sys\air-airport,transportation services division\03 projects\Oltasks\agenda bills\airo rate adjustment for november 2006\issue paper airo-rate adjustment.doc LAG 03-002 Addendum# ADDENDUM TO BUILDING AND GROUND LEASE AGREEMENT (City of Renton to AirO, Inc.) THIS ADDENDUM to Lease Agreement LAG 03-002 is effective as of the date of execution by the City of Renton, as indicated on the last page of this addendum. RECITALS: WHEREAS, AirO, Inc. has a Lease Agreement with the City of Renton, LAG-03- 002, executed on November 1, 2003; and WHEREAS, on November 1, 2003, the building rental rate for the approximately 22,746 square feet of building area leased by AirO, Inc. was determined to be $0.095 per square foot per month and continuing until November 1, 2006; and WHEREAS, on November 1, 2006, and for the ensuing three (3)year period, the building rental rate will be adjusted, using the Consumer Price Index-Urban,to a rate of $0.103 per square foot per month for the 22,746 square feet of leased area,resulting in an annual rental amount of$28,114.06 (22,746 x $0.103 x 12), and continuing until November 1, 2009. WHEREAS, on November 1, 2003, the land rental rate for the approximately 93,001 square feet of land area leased by AirO, Inc. was determined to be $0.3271 per square foot per year and continuing until November 1, 2006; and WHEREAS, on November 1, 2006 and for the ensuing three (3) year period, the land rental rate will be adjusted, using a market appraisal study that was conducted on the 800 Building parcel, to a rate of$0.57 per square foot per year for the 93,001 square feet of leased area, resulting in an annual rental amount of$53,010.57 (93,001 x $0.57), and continuing until November 1, 2009; and WHEREAS, due to the size of the increase in the ground lease rate, both parties agree to a step increase to reach the adjusted rate of$0.57 per square foot per year. For the first period,November 1, 2006 to November 1, 2007, the ground lease rate will be $0.4486 per square foot per year(0.57—0.3271 /2 =0.1215 +0.3271 = $0.4486). Effective November 1, 2007 the ground lease rate will be increased to $0.57 per square foot per year for the remaining lease rate adjustment period, ending November 1, 2009. NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND AIRO, INC. AS FOLLOWS: WITNESSETH: 1. Lessor and Lessee agree that the difference between the CPI-U of October 2003 to September 25, 2006, is 8.21% (209.6/ 193.7 = 1.0821 or 8.21%). This results in a monthly rate increase from $0.095 to $0.103 per square foot per month(0.095 x ,fir 1.0821 =$0.1028 or$0.103); and Lease Agreement 03-002 1 City of Renton AirO,Inc. LAG 03-002 Addendum# 2. The Lessor and Lessee do hereby agree to an annual building rent of$28,114.06, Nitre (22,746 x 0.103 =2,342.84 x 12) for the 22,746 square feet identified in Lease Agreement LAG 03-002. 3. Lessor and Lessee agree that the market appraisal study determined that the annual ground rate is to be increased from $0.3271 to $0.57 per square foot per year. 4. The Lessor and Lessee do hereby agree to a step increase in the rental rate from $0.3271 to $0.4486 for the period November 1, 2006 to November 1, 2007, and an annual land rent of$41,720.25 (93,001 x 0.4486=$41,720.25). 5. The Lessor and Lessee do hereby agree to a full increase in the rental rate from $0.4486 to $0.57 for the period November 1, 2007 to November 1, 2009, and an annual land rent of$53,010.57 (93,001 x 0.57 = 53,010.57) for the 93,001 square feet identified in Lease Agreement LAG 03-002. 6. Lessor and Lessee do hereby agree that both the monthly building rent rate in paragraph 1 and the annual land rent rate in paragraph 3 shall remain in effect until November 1, 2009, and effective as of that date the rental rate shall automatically be readjusted by and between the parties using the increase of the Consumer Price Index, and for each three (3)year period thereafter. Minimum base rental for any extended period shall not be less than the current annual building rent of$28,114.08, and annual land rental of$53,010.57. Nine 7. Lessor and Lessee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index-Urban(CPI-U) then in effect for all urban consumers, as published by the US Department of Labor for the Seattle-Tacoma Metropolitan Area. 8. Lessor and Lessee do hereby further agree that at least thirty(30) days prior to the Rental Adjustment Date either party shall, if they desire to adjust the base land rental rate for the ensuing three (3) year period by a means other than the Consumer Price Index-Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 9. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. AirO, Inc. CITY OF RENTON a Washington Corporation a Municipal Corporation Lease Agreement 03-002 2 City of Renton AirO,Inc. LAG 03-002 Addendum# Nord Kathy Keolker Mayor Title Bonnie Walton City Clerk Date Approved as to legal form City Attorney Nod Lease Agreement 03-002 3 City of Renton AirO,Inc. LAG-03-002 Now BUILDING AND GROUND LEASE AGREEMENT City of Renton to AirO, Inc. THIS IS A LEASE AGREEMENT between THE CITY OF RENTON, a Washington municipal corporation ("Lessor"), and AirO,Inc. a Washington corporation ("Lessee") IN CONSIDERATION of the covenants and agreements hereinafter set forth, the parties agree as follows: 1. GRANT OF LEASE: la. Legal Description: A plat of ground and hangar building, located at 800 West Perimeter Road being a portion of the real property described in Exhibit "A" Legal Description and illustrated Lease Map attached hereto and made a part hereof as is fully set forth herein (the "Premises"). SUBJECT TO: (1) Easements, restrictions and reservations of record and as further set forth herein; Now (2) Such rules and regulations as now exist or may hereafter be promulgated by the Lessor from time to time,including the Airport's Minimum Standards which are incorporated herein by this reference, and Lessor's standards concerning operation of public aviation service activities from the Airport; and (3) All such non-discriminatory charges and fees for such use as may be established from time to time by Lessor; and TOGETHER WITH the privilege of Lessee to use the public portion of the Airport, including runway and other public facilities provided thereon, on a non-exclusive basis. lb. Non Conveyance of Airport: This Lease Agreement shall in no way be deemed to be a conveyance of the Airport, and shall not be construed as providing any special privilege for any public portion of the Airport except as described herein. The Lessor reserves the right to lease or permit the use of any portion of the Airport for any purpose deemed suitable for the Airport, except that portion that is leased hereby. LEASE AGREEMENT City of Renton to AirO,Inc 1 Nom" a Washington corporation . .. Cl lc. Nature of Lessor's Interest: It is expressly understood and agreed that Lessor holds and operates the Airport, and the Premises under and subject to a grant and conveyance thereof to Lessor from the United States of America, acting through its Reconstruction Finance *laid Corporation, and subject to all the reservations, restrictions, rights, conditions, and exceptions of the United States therein and thereunder,which grant and conveyance has been filed for record in the office of the Recorder of King County, Washington, and recorded in Volume 2668 of Deeds, Page 386; and further that Lessor holds and operates said airport and premises under and subject to the State Aeronautics Acts of the State of Washington (chapter 165, laws of 1947), and any subsequent amendments thereof or subsequent legislation of said state and all rules and regulations lawfully promulgated under any act or legislation adopted by the State of Washington or by the United States or the Federal Aviation Administration. It is expressly agreed that the Lessee also accepts and will hold and use this lease and the Premises subject thereto and to all contingencies, risks, and eventualities of or arising out of the foregoing, and if this lease or the period thereof or any terms or provisions thereof be or become in conflict with or impaired or defeated by any such legislation, rules, regulations, contingencies or risks, the latter shall control and, if necessary, modify or supersede any provision of this lease affected thereby, all without any liability on the part of or recourse against the Lessor in favor of Lessee,provided that Lessor does not exceed its authority under the foregoing legislation,rules and regulations. ld. Future Development/Funding: Nothing contained in this lease contained shall operate or be construed to prevent or hinder the future development, improvements, or operation of Airport by Lessor, its agents, successors or assigns, or any department or agency of the State of Washington or of the United States, or the consummation of any loan or grant of federal or state funds in aid of the development, improvement, or operation of the Renton Airport. 2. TERM: 2a. Initial Term: The term of this lease shall be for a ten (10) year period commencing on November 1, 2003 or earlier if power and water *are supplied to the building prior to November 1,2003, and terminating on November 1,2013. 2b. Option to Extend Term: In the event that Lessee has fully and faithfully complied with all the terms and conditions of this Lease Agreement through November 1, 2013, Lessor may grant unto Lessee the option to renew or extend this Lease for a further five (5) year term. 2c. Rental: The amount of rental to be paid during any extended term shall be computed based on the fair market value of the ground and building with improvements at the time when the extended term is being considered by Lessor. 2d. Notice: Notice of Lessee's intent to exercise the option to extend the term of this lease shall be the notice specified in Paragraph 23. Upon the exercise of this option to extend the term of this lease, the parties shall execute an addendum acknowledging the extension of the term of this lease and the new termination date.of this lease. 2 LEASE AGREEMENT City of Renton to AirO,Inc a Washington corporation 3. RENTAL: Now 3a. Initial Rental: As rental for the above-described premises through November 1, 2006, Lessee shall pay unto Lessor a monthly rental in the sum of four thousand, six hundred ninety-five and 92/100 Dollars ($4,695.92), plus Leasehold Excise Tax as described in Paragraph 4. below, payable promptly in advance on the first day of each and every month. Lessee covenants that AirO, Inc. shall make all monthly rental payments to the Lessor. All such payments shall be made to the Director of Finance, City of Renton, City Hall, 1055 South Grady Way,Renton, Washington 98055. The initial rental is computed as follows, and is based upon an estimated ground lease area (which the parties stipulate to be accurate) of 93,001 square feet and an estimated building lease area(which the parties stipulate to be accurate)of 22,746 square feet. Rental Payment Schedule Ground Rental Rate - 93,001 sq. ft. @ $.3271/sq. ft. per year = $30,420.63 annual rental, plus Leasehold Excise Tax. Building Rental Rate— 22,746 sq. ft. @ $.095/sq. ft./months = $25,930.44 annual rental, plus Leasehold Excise Tax. 3b. Rental Adjustment Date: Effective as of November 1, 2003, the starting date of this lease, and every three (3) years thereafter, said rental rate as herein specified shall be readjusted by and between the parties to be effective for each ensuing three(3)year period. 3c. Periodic Rental Adjustment: Lessor and Lessee do hereby agree that the annual rate of thirty two seventy one cents ($0.3271) per square foot for ground and the monthly rate of nine and one half cents ($0.095) per square foot for the building shall remain in effect until November 1, 2006, and effective as of that date the rental rate shall automatically be readjusted by and between the parties as specified in paragraph 3b, utilizing the increase of the Consumer Price Index, for each three (3) year period thereafter. Minimum base rental for any extended period shall not be less than the current annual rental of$56,351.07. 3d. Use of Consumer Price Index-Urban: Lessor and Lessee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index - Urban (CPI-U) then in effect for all urban consumers, as published by the US Department of Labor for the Seattle-Tacoma Metropolitan Area. 3e. Notice of Request for Readjustment of Rental: Lessor and Lessee do hereby further agree that at least thirty (30) days prior to the Rental Adjustment Date, either party shall, if they desire to adjust the base land rental rate for the ensuing three (3) year period by a means other than the Consumer Price Index-Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). LEASE AGREEMENT 3 City of Renton to AirO,Inc a Washington corporation 3f. Arbitration: If the parties are unable to agree upon such adjusted rental by negotiation for a period of thirty calendar (30) days, then the parties shall submit the matter of the adjusted rental for the ensuing period to arbitration. Lessor and Lessee do hereby agree that the arbitration v.4104 process shall be limited to not more than one hundred fifty (150) calendar days, using the following procedures: 3f(1). Lessor shall select and appoint one arbitrator and Lessee shall select and appoint one arbitrator, both appointments to be made within a period of sixty (60) days from the end of the negotiation period cited in paragraph 3e. Lessor and Lessee shall each notify the other, by Certified Mail, of the identity of their arbitrator and the date of the postmark of the letter shall be considered the date of appointment. The two appointed arbitrators shall meet, and if unable to agree within a period of thirty (30) days after such appointment, shall, within a period of thirty (30) days, select a third arbitrator. For this process, a maximum of one hundred twenty (120) calendar days shall be allowed. 3f(2). The three arbitrators shall have thirty (30) days from the date of selection of the third arbitrator to reach a majority decision. The decision of the majority of such arbitrators shall be final and binding upon the parties hereto. For this process, a total of thirty (30) calendar days shall be allowed. 3f(3). The arbitrators shall be experienced real estate appraisers and be knowledgeable in the field of comparable airport rentals and use charges in King County and shall give due consideration to any change in economic conditions from the preceding rental period. 3f(4). Leasehold improvements made by the Lessee shall not be considered as part of the NS leased premises for the purpose of future adjustments or readjustments of the rental rates during the period from November 1, 2003 to November 1, 2013. 3f(5) The two arbitrators shall make their decision in writing within sixty (60) days after the date of their appointment, or in the event of a third arbitrator, within sixty (60) days after the third arbitrator's appointment, unless the time is extended by the agreement of both parties. After a review of all pertinent facts the board of arbitrators may increase or decrease such rental rate or continue the previous rental rate for the ensuing three (3) year term. 3f(6). Each party shall pay for and be responsible for the fees and costs charged by the arbitrator selected by him. The fee of the third arbitrator shall be shared equally by the parties. 3f(7). The readjusted rental in each case, whether determined by arbitration or by agreement of the parties themselves, shall be effective as of the Rental Adjustment Date. 3g. Late Payment Charge: It is hereby further agreed that if such rental is not paid before the 10th of each month then there will be added a late payment charge of 5% per month for each month of delinquency until paid. It is agreed that this late payment charge is a reasonable estimate of the increased costs to the city of the staff effort to monitor and collect late payments, LEASE AGREEMENT 4 City of Renton to AirO,Inc ° a Washington corporation as well as related city expenses due to such late payment. If any check received by Lessor is - returned unpaid for any reason, Lessor reserves the right to make an additional charge up to the maximum amount allowed by law. 3h. Attorneys Fees/Collection Charges: Should it be necessary to refer this lease to an attorney for collection or other court action involving breach of lease, occupancy after termination, or enforcement or determination of any other right and/or duty under this lease, then it is agreed that the prevailing party shall be entitled to recover its reasonable attorney's fees and costs of litigation as established by the court. If the matter is not litigated or resolved through a lawsuit, then any attorney's fees expenses for collection of past-due rent or enforcement of any right or duty hereunder shall entitle the city to recover, in addition to any late payment charge, any costs of collection or enforcement,including attorney's fees. 3i. Sewer Pump Station Special Assessment: Lessee further agrees to pay, in addition to the rentals above, a special assessment for annual maintenance of the sewage pump station and sewer lines from the building to the pump station. Lessee will pay its proportionate share of the annual maintenance costs for use of the sewer pump station and sewer lines leading to the pump station. The parties acknowledged that the annual maintenance costs will be shared equally by those leased area properties that use the pump station and sewer lines leading to the pump station. 3j. Other Charges: Lessee further agrees to pay, in addition to the rentals hereinabove specified and other charges hereinabove defined, all fees and charges now in effect or hereafter Now levied or established by Lessor, or its successors, or by any other governmental agency or authority, being or becoming levied or charged against the premises, structures, business operations, or activities conducted by or use made by Lessee of, on, and from the leased premises which shall include, but not be limited to, all charges for light, heat, gas, power, garbage, water and other utilities or services rendered to said premises. 3k. Emergency Response: Lessee must provide reasonable access and response to the Airport Manager in times of emergency or urgency. The Lessee is wholly responsible to keep an up-to-date listing of aircraft types, identification, and owners on file and at the Airport Manager's office. 4. LEASEHOLD EXCISE TAX: Lessee hereby agrees and covenants to pay unto Lessor that certain leasehold excise tax as established by RCW Chapter 82.29A, as amended, or any replacement thereof, which tax shall be in addition to the stipulated monthly rental and shall be paid separately to the Director of Finance, City of Renton, at the same time the monthly rental is due. In the event that the State of Washington or any other governmental authority having jurisdiction thereover shall hereafter levy or impose any similar tax or charge on this lease or the leasehold estate, then Lessee agrees and covenants to pay said tax or charge, when due. Such tax or charge shall be in addition to the regular monthly rentals. LEASE AGREEMENT 5 i11srr City of Renton to AirO,Inc a Washington corporation 5. PAYMENT OF UTILITIES AND RELATED SERVICES. Lessee shall pay for all light, heat, gas, power, garbage, water, sewer and janitorial service used in the Premises. Lessor shall not be liable for any loss or damage caused by or resulting from any variation, interruption, or failure of said utility services due to any cause whatsoever; and no temporary interruption or failure of such services incident to the making of repairs, alterations or improvements, or due to accident, strike, act of God, or conditions or events not under Lessor's control, shall not be deemed a breach of the Lease or as an eviction of Lessee, or relieve Lessee from any of its obligations hereunder. 6. LESSEE'S ACCEPTANCE OF PREMISES. 6a. General Acceptance of Premises: By occupying the Premises, Lessee formally accepts the same in AS IS condition, and acknowledges that the Lessor has complied with all the requirements imposed upon it under the terms of this Lease with respect to the condition of the Premises at the commencement of this term. Lessee hereby accepts the premises subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee acknowledges that neither Lessor nor Lessor's agent has made any representation or warranty as to the suitability of the Premises for the conduct of Lessee's business or use. Except as otherwise provided herein, Lessor warrants Lessee's right to peaceably and quietly enjoy the premises without any disturbance from Lessor,or others claiming by or through Lessor. 6b. Provision of Restroom Facilities: Lessee agrees to construct and/or provide restroom and/or toilet facilities for use by sub-tenants of hangars. The facilities so provided must be accessible by sub-tenants 24-hours per day,7-days per week. The restroom/toilet facilities must be available to the flying public consistent with the Airport Rules and Regulations and Minimum Commercial Standards. 6c. Improvements to the Premises: Lessee agrees to install one motorized sixty (60') foot bifold door and one motorized forty (40') foot bifold door, demolish an area measured to be twenty(20)feet by fourty four(44)feet to eighty eighty(88)feet of the center office area running east/west in the main portion of the hangar bay, install a secondary fire escape stairway to the remaining portion of the center office area, install a fire monitoring system, paint the outside of the building and grout the voids beneath the entire slab floor of the building in an effort to re- level those portions of the slab floor where settling has occurred. Lessor agrees to remove at Lessor's expense any asbestos in the center office area to be demolished as described in this subsection or renogiate the initial lease term as specified in Section 2a to allow Lessee amoritization of the additional improvements to the building. These improvements to the premises shall be completed by November 1,2004. 6 LEASE AGREEMENT City of Renton to AirO,Inc a Washington corporation 7. PURPOSE: 7a. Use of Premises: The Premises are leased to the Lessee for the following described purposes: 7a(1) The operation of a Fixed Based Operation (FBO) which includes Avgas and Jet A Fuel Sales to the Public, in accordance with the Airport Minimum Standards for Aeronautical Activities. 7a(2) The operation of an Aircraft Maintenance and Repair business, in accordance with the Airport Minimum Standards for Aeronautical Activities. 7a(3) The operation of an Aircraft Storage and Hangar Services business, in accordance with the Airport Minimum Standards for Aeronautical Activities. 7a(4) The operation of an Air Taxi/Charter business, in accordance with the Airport Minimum Standards for Aeronautical Activities. 7b. Easement Granted: An easement area twenty five (25) feet by one hundred ninety (190) feet will be granted to the adjacent leased area to the south for the purpose of aircraft taxiing. The easement area is illustrated in the attached lease area map Exhibit A. 7c. Continuous Use: Lessee covenants that the premises shall be continuously used for each of those purposes during the term of the lease, shall not be allowed to stand vacant or idle, No,,, and shall not be used for any other purpose without Lessor's written consent first having been obtained. Consent of Lessor to other types of activities will not be unreasonably withheld. 7d. Non-Aviation Uses Prohibited: Lessee agrees that the Premises may not be used for uses or activities that are not related, directly or indirectly, to aviation. 7e. Signs: 7 e(1) Advertising: No advertising matter or signs shall be at any time displayed on the leased premises or structures without the prior written approval of Lessor, which will not be unreasonably withheld. 7 e(2) Building Address: The building street number, as assigned by the City of Renton, shall be displayed in the upper right-hand corner of the (east/west) end of each building, as viewed from East/West Perimeter Road. The number type and color shall be as directed by the Airport Manager, and the number size shall be as required by current Fire Code. 7f. Conformity with Rules: Lessee further covenants to keep and operate the Premises and all structures, improvements, and activities in conformity with all rules, regulations and laws now or hereafter adopted by Lessor, including the Airport's Minimum Standards which are LEASE AGREEMENT 7 City of Renton to AirO,Inc a Washington corporation rporation u incorporated herein by this reference, the Federal Aviation Administration,the State Aeronautics Commission,or other duly constituted governmental authority, all at Lessee's cost and expense. 7g. Waste; Nuisance; Illegal Activities: Lessee covenants that he will not permit any waste, damage, or injury to the Premises or improvements thereon, nor allow the maintenance of any nuisance thereon, nor the use thereof for any illegal purposes or activities. 7h. Increased Insurance Risk: Lessee will not do or permit to be done in or about the premises anything which will be dangerous to life or limb, or which will increase any insurance rates upon the premises or other buildings and improvements. 7i. Hazardous Waste: 7i(1). Lessee's Representation and Warranty: In particular, Lessee represents and warrants to the Lessor that Lessee's use of the Premises will not involve the use of any hazardous substance (as defined by R.C.W. Chapter 70.105D, as amended), other than fuels,lubricants and other products which are customary and necessary for use in Lessee's ordinary course of business. 7i(2). Standard of Care: Lessee agrees to use a high degree of care to be certain that no such hazardous substance is improperly used, released or disposed on the Premises during the term of this lease by Lessee, its agents or assigns, or is improperly used,released or disposed on the premises by the act of any third party. 7i(3). Indemnity: 7i(3)(a) The parties agree that Lessor shall have no responsibility to the Lessee, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or other legislation, in the event of a release of or disposition of any such hazardous substance on, in, or at the Premises, and not caused by Lessor, during the term of this Lease. Lessee agrees to indemnify and hold harmless the Lessor from any obligation or expense, including fees incurred by the Lessor for attorneys, consultants, engineers, damages, including environmental resource damages, etc., arising by reason of the release or disposition of any such hazardous substance upon the Premises not caused by Lessor, including remedial action under R.C.W. Chapter 70.105D, during the term of this Lease. 7i(3)(b) The parties agree that Lessee shall have no responsibility to the Lessor, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or other legislation, in the event of a release of or disposition of any such hazardous substance on, in, or at the Premises, and not caused by Lessee, prior to the term of this Lease. Lessor agrees to indemnify and hold harmless the Lessee from any obligation or expense, including fees incurred by the Lessee for attorneys, consultants, engineers, damages, including environmental resource damages, etc., arising by reason of the release or disposition of any such hazardous substance upon the Premises LEASE AGREEMENT 8 City of Renton to AirO,Inc a Washington corporation Ned not caused by Lessee, including remedial action under R.C.W. Chapter 70.105D, prior to the term of this Lease. Now 7i(4). Dispute Resolution: In the event of any dispute between the parties concerning whether any release of or disposition of any such hazardous substance on, in or at the premises (a) occurred during the term of this lease, or(b) was caused by Lessor, the parties agree to submit the dispute for resolution by arbitration upon demand by either party. Each party shall select one (1) arbitrator. The two (2) selected arbitrators, if unable to agree upon an arbitration award within a period of thirty (30) days after such appointment, shall select a third arbitrator. The third arbitrator shall be an engineer with experience in the identification and remediation of hazardous substances. The arbitrators shall make their decision in writing within sixty (60) days after their appointment, unless the time is extended by the agreement of the parties. The decision of a majority of the arbitrators shall be final and binding upon the parties. Each party shall bear the cost of the arbitrator named by it. The expenses of the third arbitrator shall be borne by the parties equally. 7j. Aircraft Registration Compliance: The Lessee is hereby notified of the Washington State law concerning aircraft registration. See Exhibit "C" Aircraft Laws and Regulations, Title 47.68.250 RCW: Public Highways and Transportation. 7j(1). Lessee shall annually, during the month of January, submit a report of aircraft status to the Airport Manager. One copy of this report shall be used for each aircraft owned by the Lessee, and sufficient forms will be submitted to identify all aircraft owned by the Lessee and Now the current registration status of each aircraft using the Aircraft Status Report form, See Exhibit "D". If an aircraft is unregistered, an Unregistered Aircraft Report, See Exhibit "E", will also be completed and submitted to the Airport Manager. 7j(2). Lessee shall require from an aircraft owner proof of aircraft registration or proof of intent to register an aircraft as a condition of leasing or selling tiedown or hangar space for an aircraft. Lessee shall further require that annually, thereafter, each aircraft owner using the Lessee's premises submits a report of aircraft status, see Exhibit "D" or an Unregistered Aircraft Report, see Exhibit "E". The Lessee shall annually, during the month of January, collect the aircraft owners'reports and submit them to the Airport Manager. 7k. Aircraft airworthiness: Aircraft placed, parked or stored other than within hangar buildings must be airworthy. Whenever an aircraft is temporarily undergoing repairs exceeding 30 days, the Lessee will notify the Airport Manager of the repair status, and the date repairs will be completed. When requested by the Lessor, the Lessee must provide a schedule showing when repairs will be completed as to each such aircraft. If Lessee fails to adhere to an agreed-upon repair schedule, the Lessee may be subject to Civil Penalties or termination of this lease upon proper notice from the City of Renton. LEASE AGREEMENT City of Renton to AirO,Inc 9 fin' a Washington corporation amaimmeir • 8. MAINTENANCE: 8a. Maintenance of Premises: The Premises and all of the improvements or structures •d thereon shall be used and maintained by Lessee in a neat, orderly, and sanitary manner. Lessor shall not be called upon to make any improvements, alteration, or repair of any kind upon the Premises. Lessee is responsible for the clean-up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves upon the Premises, including that blown against - fences bordering the Premises, whether as a result of the operation of Lessee's aircraft tie-down storage activities or having been deposited upon the Premises from other areas. Lessee shall maintain in good condition and repair of the leased premises, including without limitation, the interior and exterior walls, floors, roof, and ceilings, and any structural portions of the premises, the exterior and interior portions of all doors, windows, glass, utility facilities, plumbing and sewage facilities within the building or under the floor slab including free flow up to the nearest manhole, parking areas, landscaping, fixtures, heating, air conditioning including exterior mechanical equipment, exterior utility facilities, and exterior electrical equipment serving the premises. Lessee shall maintain and make all repairs, replacements and renewals, whether ordinary or extraordinary, seen or unforeseen to maintain the Premises as described in Exhibit A. 8b. Removal of Snow/Floodwater/Mud: Lessee shall be responsible for removal of snow and/or floodwaters or mud deposited therefrom from the Premises, with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activities of Lessor upon the public areas of the Airport. 8c. Repair of Personal Property: It is further agreed that all personal property on the Premises shall be used at the risk of Lessee only, and that Lessor or Lessor's agents shall not be liable for any damage either to persons or property sustained by Lessee or other persons due to the Premises or improvements thereon becoming out of repair. 8d. Maintenance, Repair and Marking of Pavement: Lessee shall be responsible for the maintenance, repair and marking (painting) of pavement surrounding the buildings within the leased area. Such maintenance and repair shall be to Federal Aviation Administration standards as though the pavement were non-leased, public-use taxiway and/or apron pavement. Such maintenance and repair shall include, as a minimum, crack filling, weed control, slurry seal and the replacement of unserviceable pavement, as necessary. 8e. Lessor May Perform Maintenance: If Lessee fails to perform Lessee's obligations under this Paragraph, Lessor may at its option (but shall not be required to) enter the Premises, after thirty (30) days' prior written notice to Lessee, and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the rate of twelve (12%) percent per annum shall become due and payable as additional rental to Lessor together with Lessee's next rental installment. 10 LEASE AGREEMENT City of Renton to AirO,Inc a Washington corporation 9. ALTERATIONS. 9a. I-essor's Consent Rewired: Lessee will not make any alterations, additions or improvements in or to the Premises without the written consent of Lessor first having been obtained. 9b. Protection from Liens: Before commencing any work relating to alterations, additions and improvements affecting the Premises, Lessee shall notify Lessor in writing of the expected date of commencement thereof. Lessor shall then have the right at any time and from time to time to post and maintain on the Premises such notices as Lessee reasonably deems necessary to protect the Premises and Lessor from mechanics' liens, materialmen's liens or any other liens. In any event, Lessee shall pay, when due, all claims for labor or materials furnished to or for Lessee at or for use in the Premises. Lessee shall not permit any mechanics' or materialmen's liens to be levied against the Premises for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to Lessee's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Lessee. 9c. Bond: At any time Lessee either desires to or is required to make any repairs, alterations, additions, improvements or utility installation thereon, or otherwise,Lessor may at its sole option require Lessee, at Lessee's sole cost and expense, to obtain and provide to Lessor a lien and completion bond in an amount equal to one and one-half(1-1/2) times the estimated cost of such improvements, to insure Lessor against liability for mechanics and materialmen's liens Norge and to insure completion of the work. 9d. Lessor May Make Improvements: Lessee agrees that Lessor, at its option, may at its own expense make repairs, alterations or improvements which Lessor may deem necessary or advisable for the preservation, safety or improvement of the Premises or improvements located thereon, if any. 9e. Notification of Completion: Upon completion of capital improvements made on the Premises, it is the Lessee's responsibility to promptly notify Lessor of such completion. 10. IMPROVEMENTS: As further consideration for this lease, it is agreed that upon any expiration of the term of this lease by default, or at the normal expiration of the term of this lease, to wit, November 1, 2013, or at the end of executed extensions thereof, if any, as provided within this lease, but in no case later than November 1, 2018, all structures and any and all improvements of any character whatsoever installed on the Premises shall be and become the property of the Lessor, except the overhead crane and above ground fuel tank(s), and title thereto shall pass and revert to Lessor at such termination, and none of such improvements now or hereafter placed on the Premises shall be removed therefrom at any time without Lessor's written consent. The Lessor shall have the alternative, at its option, to require Lessee, upon the expiration LEASE AGREEMENT Itorre City of Renton to Air°,Inc 11 a Washington corporation of the term or extensions thereof, if any, to remove any and all improvements and structures installed by Lessee from the Premises and repair any damage caused thereby, at Lessee's expense. 11. LIMITATION UPON LESSOR'S LIABILITY. Lessor shall not be liable for any damage to property or persons caused by, or arising out of(a) any defect in or the maintenance or use of the Premises, or the improvements, fixtures and appurtenances of which the premises constitute a part; or (b) water coming from the roof, water pipes, flooding of the Cedar River or other body of water, or from any other source whatsoever, whether within or without the Premises; or (c) any act or omission of any Lessee or other occupants of the building, or their agents, servants,employees or invitees thereof. 12. HOLD HARMLESS: Lessee covenants to indemnify and save harmless Lessor against any and all claims arising from the conduct and management of or from any work or thing whatsoever done in or about the Premises or the improvements or equipment thereon during the lease term, or arising from any act or negligence of the Lessee or any of its agents, contractors, patrons, customers, or employees, or arising from any accident, injury, or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or other entity occurring during the lease term on, in,or about the Premises,and from and against all costs, attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or proceeding brought against the Lessor by reason of any such claim, except such claims arising directly or indirectly out of Lessor's sole act or omission. Lessee further covenants that AirO,Inc will satisfy all outstanding liens,or other debts,before transfer of ownership of the buildings to the City of Renton on the date of expiration of the second extended term, i.e., November 1, 2013, or upon termination of the lease, for any reason, prior to November 1, 2013. Lessee,on notice from Lessor, shall resist or defend such action or proceeding forthwith. 13. ASSIGNMENT: 13a. Assignment/Subletting: This lease or any part hereof shall not be assigned by Lessee, by operation of law or otherwise, nor shall the premises or any part thereof be sublet without the prior written consent of Lessor, which consent shall not be unreasonably withheld, subject to Lessor's receipt of commercially reasonable evidence that the proposed assignee or subtenant is in a financial condition to undertake the obligations of this lease, and,in the event of assignment, Lessor's receipt of an affidavit from the proposed assignee stating that it has examined this lease and agrees to assume and be bound by all of Lessee's obligations under this lease, to the same extent as if it were the original Lessee. If Lessee is a corporation, the transfer of a majority of Lessee's stock shall constitute an assignment for purposes of this paragraph. 13b. Subletting: Lessee may sublet portions of the Premises for the purpose of aircraft hangar storage, only, without the prior written approval by the Lessor of this permitted use, on a month-to-month or longer basis, provided that Lessor is informed on at least an annual basis, in writing, of the name of the sublessee(s), the purpose of the sublease, the amount of the rental 12 LEASE AGREEMENT City of Renton to AirO,Inc a Washington corporation charged, and the type of aircraft stored (make, model and registration number. Such information shall be disclosed upon request by Lessor. 13c. Subsequent Consent Required: In the event written consent to assignment or subletting shall be given by Lessor, no other subsequent assignment, assignments, or subletting shall be made by such assignee or assignees, or sublessee, without the prior written consent of Lessor. It is expressly agreed that if consent is once given by the Lessor to the assignment of this lease or any interest therein or to the subletting of the whole or any part of the premises, then Lessor shall not be barred from afterwards refusing to consent to any further assignment of said lease or subletting of said leased premises. 13d. Release of Lessee's Liability: No subletting shall release Lessee of Lessee's obligation to pay the rent and to perform all other obligations to be performed by Lessee hereunder for the term of this Lease. No assignment shall so release Lessee unless Lessor's consent is obtained pursuant to Paragraph 13.1. In the event that Lessor's consent to assignment is so obtained, Lessee shall be relieved of all liability arising from this lease and arising out of any act, occurrence or omission occurring after Lessor's consent is obtained. The Lessee's assignee shall be deemed to have assumed and agreed to carry out all of the obligations of Lessee under this lease. 14. DEFAULT: 14a. Events of Default: It is expressly understood and agreed that in the event the Premises shall be deserted or vacated, or if default be made in the payment of the rent or any part lo'" thereof as herein specified, or if, without consent of the Lessor, the Lessee shall sell, assign, mortgage this lease, or if default be made in the performance of any of the materiacovants and agreements in this lease contained on the part of the Lessee to be kept and performed, or if Lessee shall fail to comply with any of the statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, and city governments, or if Lessee shall file a petition for bankruptcy or be adjudicated a bankrupt, or make assignment for the benefit of creditors or take advantage of any insolvency act, the Lessor may, if it so elects, at any time thereafter, terminate this lease and the term hereof, on giving to the Lessee thirty (30) days notice, in writing, of the Lessor's intention to do so if the event causing the default is not corrected. 14b. Additional Security: In the event of default as provided above, which default remains uncured for more than ten (10) days after Lessor notice of default, Lessor may request and Lessee shall provide adequate assurance of future performance of all obligations under this lease. The adequacy of any assurance shall be determined according to commercially reasonable standards. Adequate assurance shall include, but not be limited to, a deposit in escrow, a guarantee by a third party acceptable to Lessor, a surety bond, or a letter of credit. Lessee's failure to provide adequate assurance within twenty (20) days of receipt of a request by lessor shall constitute a material breach and Lessor may in its discretion terminate this lease. LEASE AGREEMENT Niare City of Renton to AirO,Inc 13 a Washington corporation • 14c. Termination of Lease: Upon the expiration of either of the notice periods specified in Paragraphs 14.a or 14.b above, and if the event causing the default is not corrected, this lease and the term hereof, together with any and all otheredinrightsuch not�cel except that Lesstons of Lessee ee specified, shall expire and come to an end on the day fix obligation and liability for any unpaid rentals or other charges heretofore accrued shall remain unabated. Lessor may thereupon re-enter said premises with or without due process of law,using such force as may be necessary to remove all persons or property therefrom, and Lessor shall not be liable for damages by reason of such re-entry or forfeiture. 15. BINDING AGREEMENT: Subject to the restriction upon assignment or subletting as set forth herein, all of the terms, conditions, and provisions of this Lease shall be binding upon the parties, their successors and assigns, and in the case of a Lessee who is a natural person,his or her personal representative and heirs. 16. RIGHT OF INSPECTION. Lessee will allow Lessor,or Lessor's agent,free access at all reasonable times to the Premises for the purpose of inspection, or of making repairs, additions or alterations to the Premises, or any property owned by or under the control of Lessor. 17. CONDEMNATION: If the whole or any substantial part of the Premises shall be condemned or taken by Lessor or any county, state, or federal authority for any purpose,then the term of this lease shall cease as to the part so taken from the that he possession date. From that day the part Lesseeshall be required for any purpose, and the rent shall be paid up or Lessor shall have the right to either cancel this lease and declare the same null and void,or to continue in the possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken for such public purposes. All damages awarded for such taking for any pueblica purposeasas all belong to and be the ccompensarion for the property of the Lessor, whether such damage shall be diminution in value to the leasehold, or to the fee of the premises herein leased. Damages awarded for the taking of Lessee's improvements located on the premises shall belong to and be awarded to Lessee. 18. SURRENDER OF PREMISES: Lessee shall quit and surrender the premises at the end of the term in as good a condition as the reasonable use thereof would permit, normal wear and tear excepted. Alterations, additions or improvements which may be made by either of the parties hereto on the Premises, except movable office furniture or trade fixtures put in at the expense of Lessee, shall be and remain the property of termination of thie Lessor ans leaseshall remaM on and without hindrance, srrendered with the Premises as a part thereof at the t molestation, or injury. Lessee shall repair at its sole expense any damage to the Premises occasioned by its use thereof, or by the removal of Lessee's trade fixtures, furnishings and equipment which repair shall include the patching and filling of holes and repair of structural damage. 14 LEASE AGREEMENT City of Renton to AirO,Inc a Washington corporation 19. INSURANCE: Nome 19a. Personal Property: It is agreed that Lessor shall not be held liable in any manner for, or on account of, any loss or damage to personal property of the Lessee, Lessee's invitees or other persons, which may be sustained by fire or water or other insured peril, or for the loss of any articles by burglary, theft or any other cause from or upon the Premises. It is acknowledged that Lessor does not cover any of the personal property of Lessee, Lessee's invitees or other persons upon the Premises through its insurance. Lessee, its invitees and other persons upon the Premises are solely responsible to obtain suitable personal property insurance. 19b. Liability Insurance. The Lessee agrees to maintain in force during the term of this Lease a policy of comprehensive public liability and property damage insurance written by a company authorized to do business in the State of Washington against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. The limits of liability shall be in an amount of not less than $1,000,000.00 for injury to or death of one person in any one accident or occurrence and in an amount of not less than $1,000,000.00 for injury to or death of more than one person in any one accident or occurrence, and of not less than $1,000,000.00 for property damage. The limits of said insurance shall not, however, limit the liability of Lessee hereunder. The insurance policy shall list the Lessor as an additional insured.. 19c. Insurance Policies: Insurance required hereunder shall be written in companies acceptable to Lessor and rated A-10 or better in "Best's Insurance Guides". Lessor reserves the right to establish and, from time-to-time, to increase minimum insurance coverage amounts.Notice of increased insurance requirements shall be sent to the Lessee at least thirty (30) days prior to the annual renewal date of the Lessee's insurance. Coverages shall be submitted on forms prescribed by Lessor. Prior to possession, the Lessee shall deliver to Lessor copies of policies of such insurance acquired by Lessee, or certificates evidencing the existence and amounts of such insurance, with loss payable clauses satisfactory to Lessor. Lessor shall be named as an additional insured. No such policy shall be cancelable or subject to reduction of coverage or other modification except after forty five(45) days' prior written notice to Lessor. Lessee shall, not less than forty five (45) days prior to the expiration of such policies, furnish Lessor with renewals or "binders" therefor. Lessee shall not do or permit to be done anything which shall invalidate the insurance policies referred to above. Lessee shall forthwith, upon Lessor's demand, reimburse Lessor for any additional premiums attributable to any act or omission or operation of Lessee causing such increase in the cost of insurance. If the Lessee shall fail to procure and maintain said insurance the Lessor may, but shall not be required to, procure and maintain the same, but at the expense of Lessee. 19d. Waiver of Subrogation: Lessee and Lessor each waives any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at LEASE AGREEMENT City of Renton to AirO,Inc 15 Nor, a Washington corporation the time of such loss or damage. Lessee shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 20. TAXES: Lessee shall be responsible for the payment of any and all taxes and assessments upon any property or use acquired under this agreement. 21. HOLDING OVER: If, without execution of any extension or renewal of this lease Lessee should remain in possession of the premises after expiration or termination of the term of this lease, then Lessee shall be deemed to be occupying the Premises as a tenant from month-to-month. All the conditions, terms, and provisions of this lease, insofar as applicable to a month-to-month tenancy,shall likewise be applicable during such period. 22. NO WAIVER: It is further covenanted and agreed between the parties hereto that no waiver by Lessor of a breach by Lessee of any covenant, agreement, stipulation, or condition of this lease shall be construed to be a waiver of any succeeding breach of the same covenant, agreement, stipulation, or condition, or a breach of any other covenant agreement, stipulation, or condition. The acceptance by the Lessor of rent after any breach by the Lessee of any covenant or condition by Lessee to be performed or observed shall be construed to be payment for the use and occupation of the premises and shall not waive any such breach or any right of forfeiture arising therefrom. 23. NOTICES: All notices under this lease shall be in writing and delivered in person, with receipt therefor, or sent by certified mail, in the case of any notice unto Lessor, at the following address: .14100 Airport Manager 616 West Perimeter Road Renton,Washington 98055 and in case of any notice unto Lessee, to the address of the Premises, or such address as may hereafter be designated by either party in writing. 24. DISCRIMINATION PROHIBITED: 24a. Discrimination Prohibited: Lessee covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex or national origin in the use of any of its facilities provided for the public in the Airport.Lessee further agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge on a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided that Lessee may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 24b. Minority Business Enterprise Policy: It is the policy of the Department of Transportation that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the 16 LEASE AGREEMENT City of Renton to AirO,Inc a Washington corporation 44101 maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5. Consequently, this lease is subject to 49 C.F.R. Part 23, as applicable. No person shall be low` excluded from participation in, denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract, including leases covered by 49 C.F.R. Part 23, on the grounds of race, color, national origin or sex. 24c. Application to Sub-leases: Subject to the provisions of Paragraph 13 of this Lease, Lessee agrees that it will include the above clause in all assignments of this lease or sub-leases, and cause its assignee(s) and sub-lessee(s) to similarly include the above clause in further assignments or sub-leases of this Lease. 25. FORCE MAJEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrections, war, or other reason of like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be extended for a period equivalent to the period of such delay. The provisions of this paragraph shall not, however, operate to excuse Lessee from the prompt payment of rent, or any other payment required by the terms of this Lease, to be made by Lessee. 26. CAPTIONS: Article and paragraph captions are not a part hereof. 27. ENTIRE AGREEMENT: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any *way such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of the modification. 28. CUMULATIVE REMEDIES: No remedy or election hereunder shall be deemed exclusive, but shall wherever possible, be cumulative with all other remedies at law or in equity. 29. CORPORATE AUTHORITY: If Lessee is a corporation, each individual executing this Lease on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation in accordance with a duly adopted resolution of the Board of Directors of said corporation and in accordance with the Bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. 30. TRANSFER OF PREMISES BY LESSOR: In the event of any sale, conveyance, transfer or assignment by Lessor of its interest in the Premises, Lessor shall be relieved of all liability arising from this Lease and arising out of any act, occurrence or omission occurring after the consummation of such sale, conveyance, transfer or assignment. The Lessor's transferee shall be deemed to have assumed and agreed to carry out all of the obligations of the Lessor under this Lease, including any obligation with respect to the return of any security deposit. LEASE AGREEMENT 17 City of Renton to AirO,Inc a Washington corporation LESSEE: LESSOR: """ AirO, Inc. THE CITY OF RENTON a Washington corporation a Washington municipal corporation �• 19'444't by . : � by Jesse Tanner, Mayor its: ✓` -•4, Date: ? /Z 43 Date: 111141 i1t A 02,40-5 ATTEST: 413/44,WV LUa Bonnie Walton, City Clerk Date: Approved as to legal form: City Attorney LEASE AGREEMENT 18 City of Renton to AirO,Inc a Washington corporation \ T -` 42+72.63 ' -IP 1111;11111 ������ -I{ IT _ _________,,,\_ _- -moi�LL`L11:' RENTON MUNICIPAL AIRPORT Ir — -`'T RENTON, WASHINGTON mIT17T1(1T-,-,7-i•i_` _q � " oft f —��u.,,,..:..j,11,--t: � 1` '-T` 1 MAY 22, 2003 .. r-1,} : -- - _� B -ii./2_\ ) I _ PARCEL 800 REFERENCE: BONG A PORTION OF BOEING APRON "C LEASE } }� No. 877-65. N0014'"."E I ' / B 1 --t__7_ -1 ( -/441, _: 1 COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF 27.161 =�- - I'= ±_ _ RAINI(R AVENUE NORTH AND AIRPORT WAY NORTH; I:5 1� — THENCE ALONG THE CENTERLINE OF AIRPORT WAY NORTH, 58730'17'E A DISTANCE OF 744.03 FEET TO THE INTERSECTION N15'02'16"W l - 9a'18,Y T ^—— WITH THE SOUTHERLY PRODUCTION OF THE CENTERLINE OF RENTON 142. 1' til i 1 ___J 1 y 40+00 MUNICIPAL AIRPORT RUNWAY; r PARCEL 800 IR THENCE'NO4'49'431Y, ALONG SAID RUNWAY CEmERLINE A DISTANCE 1 } 93001, sq.ft. 1 m OF 294.74 ELLI TO A POINT REFERRED TO AS STATION 0+00; �11 _ 2.135 saes 1 �� THENCE N04'49'43)11, A DISTANCE OF 3,586.03 FEET; I THENCE S85'10'17"W, A DISTANCE OF 375.00 FEET; �' - { N o sn THENCE NO4'49'43"W, A DISTANCE OF 198.06 I-W TO THE TRUE I I I p Im POINT Of BEGINNING; 1•�,�? Z THENCE S851 0.17"'N, A DISTANCE OF 247.32 EtLT; .r.++r I t ti 1 v'cam+ p THENCE NO4'49'43"W, A DISTANCE OF 118.34 FLU; (2:: ��� I �+�1 Pi. E menf z THENCE S85'10'17"W, A DISTANCE OF 120.09 ELL1; t (ser l b. i n f+rO f f R x) C THENCE N 15'02'06'W, A DISTANCE OF 142.11 FEET; THENCE NO014'56"E, A DISTANCE OF 27.16 FLLI; 120.09"E \ 11, t. ' 1 1`9, THENCE N85'10'17"E, A DISTANCE OF 390.18 Fttl; \ ,It q 1 I_ � � ��``�`�w� °y THENCE SO4 49'43`E, A DISTANCE OF 285.25 FEET ( 1 T TO THE TRUE POINT OF BEGINNING. \ - 247.32' I TPOB \ 1TE � CONTAINING 93,001 SQUARE FEET OR 2.135 ACRES, MORE OR LESS. a _ -' \ I 0 c \ `a \\ j II 1 -< _- I 35+86.03 } 375.00' � � 1110 1 \ 1 35+007 N 1 I i l i l i I - 1 1 1 1 1 1, 1 1 101050 0 -21,3(2'.„.._...../.910' 0+00 SCALE IN FEET " Af ." PARCEL 800 LEASE — __ /.: DUANE IIAATLfAN & ASSOCIATES,/IINC 4` ..A. �� nw suns 10•111 —Surveyors— . — RENTON MUNICIPAL AIRPORT 03-041 CITY OF RENTON COUNCIL AGENDA BILL 4 I IAI#: .. Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division February 12, 2007 Staff Contact Derek Akesson,x 7243 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Rainier Avenue—SW 7th St to S 4th Place Ordinance Design Contract with DMJM Harris Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Supplemental Agreement#1 Information TIP #11 (2007-2012) Vicinity Map Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Fiscal Impact: 317.12308.016.5950.0011.67 Expenditure Required... $ 120,726 Transfer/Amendment Amount Budgeted $ 2,629,000 Revenue Generated Total Project Budget $ 8,129,000(2007-2011) City Share Total Project.. SUMMARY OF ACTION: The Transportation Division has completed the Value Engineering Study and the Design Report containing the 30 percent design plans for the Rainier Avenue—SW 7th Street to S 4th Place project. DMJM Harris continues to work on the 60 percent design for the roadway improvements. In conjunction with the roadway improvements, the storm water system is being upgraded. As a part of this system upgrade,a new Rainier pump station is being designed. To reduce the size of the pumps and detention vault for the new pump station, a new feasibility study needs to be performed. This study will look at reducing the size of the drainage area to the new Rainier pump station by connecting a portion of the drainage area to a new storm water line at Shattuck Avenue S that will gravity feed into the storm system at SW 7th Street. This would be very beneficial to the Rainier Avenue project by reducing the size of the pumps and detention vault for the new Rainier pump station. In addition to the feasibility study,the scope of this supplemental agreement includes: utility location (surveying and potholing)in support of the feasibility study; Phase I ESA for the Shattuck site; additional groundwater sampling and testing of possible hazardous material within the Rainier Avenue right-of- way; and redesign of the SW 7th Street intersection with Rainier Avenue, including new signals and lighting. This supplemental agreement also includes a reduction in fee for the Rainier Railroad Bridge design plus payment for additional out of scope work required by Burlington Northern Santa Fe (BNSF), prior to handing over the bridge design to BNSF. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement Number 1 to the design contract with DMJM Harris for the Rainier Avenue—SW 7th St to S 4th Place Project(TIP#11). H\Division.s\TRANSPOR.TAT\DESIGN.ENGUASON\Projects\Rainier Avenue SW 7th to 4th PI\City Correspondence\Agenda Bill DMIM Hams Supplement Agreement No I doc ti`SY 0e PLANNING/BUILDING/"'t �= + , PUBLIC WORKS DEPARTMENT S� �� MEMORANDUM DATE: February 12, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: X .Kathy Keolker, Ma.v)" FROM: Gregg Zimmermg, Administrator STAFF CONTACT: Derek Akesson, Transportation Design Project Manager (x7243) SUBJECT: Rainier Avenue—SW 7th St to S 4th Place Design Contract with DMJM Harris ISSUE: Should Council authorize the Mayor and City Clerk to execute Supplemental Agreement Number 1 to the design contract with DMJM Harris for the Rainier Avenue— SW 7th St 'r.w to S 4th Place Project(TIP#11)? RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement Number 1 to the design contract with DMJM Harris for the Rainier Avenue— SW 7th St to S 4th Place Project(TIP #11). BACKGROUND: The Transportation Division has completed the Value Engineering Study and the Design Report containing the 30 percent design plans for the Rainier Avenue—SW 7th Street to S 4th Place project. DMJM Harris continues to work on the 60 percent design for the roadway improvements. In conjunction with the roadway improvements, the storm water system is being upgraded. As a part of this system upgrade, a new Rainier pump station is being designed. To reduce the size of the pumps and detention vault for the new pump station, a new feasibility study needs to be performed. This study will look at reducing the size of the drainage area to the new Rainier pump station by connecting a portion of the drainage area to a new storm water line at Shattuck Avenue S that will gravity feed into the storm system at SW 7th Street. This would be very beneficial to the Rainier Avenue project by reducing the size of the pumps and detention vault for the new Rainier pump station. `''ore istassa. Toni Nelson,Council President Members of the Renton City Council Page 2 of 2 February 12,2007 In addition to the feasibility study,the scope of this supplemental agreement includes: utility location (surveying and potholing) in support of the feasibility study; Phase I ESA for the Shattuck site; additional groundwater sampling and testing of possible hazardous material within the Rainier Avenue right-of-way; and redesign of the SW 7th Street intersection with Rainier Avenue, including new signals and lighting. This supplemental agreement also includes a reduction in fee for the Rainier Railroad Bridge design plus payment for additional out of scope work required by Burlington Northern Santa Fe (BNSF), prior to handing over the bridge design to BNSF. cc: Peter Hahn, Deputy PBPW Administrator—Transportation Bob Hanson,Transportation Design Supervisor Derek Akesson,Transportation Design Project Manager Connie Brundage,Transportation Administrative Secretary H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\JASON\Projects\Rainier Avenue SW 7th to 4th Pl\City Correspondance\Issue Paper DMJM Harris supplement 1,doc V.71 Washington State �I/ Department of Transportation Su lemental A reement Organization and Address pp g DMJM HARRIS/AECOM Number 1 10900 NE 8th Street, Suite 750 Bellevue, WA 98004 Original Agreement Number CAG 06-065 Phone: 425-454-5600 Project Number Execution Date Completion Date 2/12/2007 12/31/2008 Project Title New Maximum Amount Payable Rainier Ave. - SW 7th St to S 4th P1 $ 827,974.00 Description of Work Rainier Ave./BNSF Improvements Final Design The Local Agency of City of Renton desires to supplement the agreement entered into with DMJM HARRIS/AECOM and executed on 4/17/2006 and identified as Agreement No. CAG 06-065 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Now Section 1, SCOPE OF WORK, is hereby changed to read: See"Exhibit B"attached. II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: No change in the contract days. III Section V, PAYMENT, shall be amended as follows: The additional servicesdescribed in "Exhibit B" will increase the maximum amount payable to 5827,974.00 from the original contract amount of S707,248_0_0_ as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature DOT Form 140-063 EF Date Revised 9/2005 Exhibit B City of Renton Rainier Avenue/BNSF Improvements Supplemental Agreement No. 1 General: This scope of work describes additional and modified work by the Consultant to be performed concurrent with ongoing work. The additional work items are as follows: 1. Shattuck Ave. Drainage Feasibility Study and 30%design 2. Utility relocation in support of Shattuck Ave. Drainage Feasibility Study 3. Phase 1 ESA for Shattuck Ave. site 4. Revised Groundwater Sampling and Testing of possible hazmat within the Rainier Ave. R/W 5. 7th Ave Intersection Redesign including signals and lighting 6. Modify rail drawings to accommodate two new scenarios as proposed by the City Items 5 and 6 have been completed in advance as directed by the City. Specific Tasks Task 1 - Project Management Provide overall project management services including: • Project administration including budget, schedule, subconsultant management, and invoicing • Implementation of ISO 9001 quality control/assurance program • Technical oversight of deliverables. • Submittals for approval to 3rd parties such as BNSF Task 2 —Surveying Work to be performed by Perteet: In support of Shattuck Ave. Drainage study: Topographic survey, including vertical and horizontal location of utilities and design level basemap for Shattuck Avenue right-of- way between South 4th Place and South 7th Street. This will include the entire intersection at S 4th Place and north half of intersection at S 7th Street. Survey will include upstream drainage structures in Shattuck Avenue between S 3rd Street and S 4th Place. Page 1 of 7 /A� City of Renton MINHARRIS ; AE COM Rainier Avenue/BNSF Improvements 444110 Scope Change I Assumptions Now • Existing control for Rainier Ave will be supplemented to facilitate the survey of Shattuck Ave. between So.Third and So. Seventh Sts. • The City has available basemap survey for Shattuck Ave. S. 4ch Street to S. 3rd Street that was prepared by PACE. • Purpose of the mapping is feasibility study only. • Field crews will make all measurements and observations from the ground surface. Field personnel will attempt no confined space entry. • City of Renton will provide utility as-built or GIS information to map utilities. Utility locates will not be required. • On-line records will be sufficient to determine the right-of-way of Shattuck Ave. • Utility Potholes will not require permanent asphalt repair replacement of sidewalk, curb, etc. 1 Survey and Basemap: 1.1. Research: 1.1.1. Perform additional on-line records research at King County Recorder and DNR web-sites for right-of-way and parcel information for Shattuck Ave. survey and mapping. 1.2. Horizontal and Vertical Control 1.2.1. Establish additional horizontal and vertical control as necessary to provide N"' supplemental survey and mapping. 1.3. Topographic Survey: 1.3.1. Consultant will conduct a topographic survey of Shattuck Ave right of way plus 15 feet each side commencing from the north line of South Fourth place to the centerline of So. Seventh, locating; existing surface and apparent subsurface features including but not limited to utility lids and markers, fences, signs, luminaires, vaults,trees greater than 6"caliper, ornamental landscaping, planters, hydrants, gas, power, cable, fiber optics, private lights, signal poles, junction boxes, signal controller, and mailboxes, and overhead utility poles, drainage breaks and features, centerline and edge of pavement elevations, existing channelization, topography to design cut and fill slopes, curb, gutter, sidewalk, walls (top and bottom), driveways, and private lanes. Consultant will locate all City and franchise utilities and provide measure down to apparent inverts and attempt to determine the size and material of the connecting storm and sanitary pipes and water valve nuts. 1.3.2. Potholes: Consultant will determine approximate location of potholes based on anticipated utility conflicts. Up to 10 potholes will be performed. 1.3.3. An air-injection vactor-truck will excavate and determine the elevation Page 2 of 7 HARRIS[fit City of Renton DMJM HARRIS ' ' ;(,OM RainierAvenueBNSF Improvements Scope Change I and location of the specific utility line conflict. *4001 1.4. Calculations and Basemap: 1.4.1. Calculate right-of-way from existing public records only. 1.4.2. Translate GIS parcel lines to AutoCAD and merge with calculated right- of-way line to identify approximate adjacent parcel limits. 1.4.3. Add pothole information and revise utility locations as necessary to agree with pothole locations. 1.4.4. Provide field verification walk-through of basemap and revise as necessary. Deliverables: • Updated hard copy and AutoCAD file of basemap. • Pothole data Task 3 —Geotechnical Work to be performed by Milbor-Pita&Associates, Inc.: Rainier Ave. ESA Phase II • Mobilization of drill rigs for installing two additional monitoring wells for investigation of possible on-site contamination. • Traffic Control and related permit activities for drilling of wells. svoid Shattuck Work • Site visit • Perform data research of soil conditions and groundwater conditions • Perform 2 borings and install water monitoring wells, one boring near railroad embankment and one in sidewalk near midpoint of the project site. • Analyze trenching concepts and tunneling at railroad embankment • Prepare summary technical memorandum detailing jacking requirements, excavation, shoring requirements, pipe bedding requirements, and dewatering requirements. Task 4—Shattuck Ave. Drainage Feasibility Study Work to be performed by Rosewater: Background: The purpose of this additional work is to perform a feasibility study and preliminary engineering for construction of a 36-48"storm drain pipe along Shattuck Avenue between South 4th Place and South 7th Street. This work is Page3of7 City of Renton DMJM HARRIS = AKOM Rainier Avenue/BNSF Improvements Scope Change I being performed as part of the Rainier Avenue project to justify construction of a Nome replacement pump station that is sized for the smaller upstream tributary area that will result after the Shattuck Avenue diversion has been constructed. The Shattuck Avenue Diversion was hydraulically modeled in the SW 7`"Street Storm Drainage Improvement Project Pre-Design Analysis(Gray&Osborne,2003)as part of the chosen Alternative 1. Alternative 1 improvements included a 60-inch storm drain along SW 7th Street between Lind and Shattuck Avenues which has since been constructed. The pre-design report describes the Shattuck Avenue storm drain pipe improvements as consisting of a 48-inch pipe between 7th and 6th Streets and a 36-inch pipe between 6th and 2nd Streets. This study will only include design as far north as 4th Place since that is the point where flows are diverted away from the Rainier Avenue pump station. Scope of Work: 1. Feasibility Study: Complete a feasibility study for construction of a 36-inch storm drain between South 4th Place and South 6th Street and a 48-inch storm drain between South 6th and 7th Streets, including: • Site visit • Conceptual plan and profile layout of 36"and 48" pipes to identify feasible alignments (maximum two alternatives) • Evaluation of trenching vs. tunneling at the railroad crossing • Identification of City or franchise utilities requiring relocation in plan view loose • Identify BNSF permit and easement requirements for constructing a storm pipe across their right of way(by DMJM Harris) 2. 30% Plans and cost Estimate: Upon acceptance of the feasibility study by the City,the preferred alternative will be developed to a 30% level of design including a preliminary detail of the railroad crossing, and preliminary utility relocation alignments in plan view. The following sheets are anticipated: • Plan and profile at 1"=40' (half-size)of storm drain including approximate location of catch basins and manholes and identification of utility conflicts(2 sheets)and acceptable relocation design if required. • 30% Railroad crossing details and sections, BNSF permit requirements, schedule milestones, and CMU requirements(by DMJM Harris) • Utility relocation plan • Backwater analysis of new storm drain using hydrologic analysis and tailwater elevations included in the SW 7`"Street Storm Drainage Improvement Project Pre-Design Analysis(Gray&Osborne,2003) • Constructability Analysis Page 4 of 7 City of Renton DI�`1 HARRIS AI (OM — RainierAvenueBNSF Improvements Scope Change 1 3. Deliverables: Noid • Technical memorandum documenting feasibility study and preferred alternative developed to 30%design and issues to be addressed during final design. • Preliminary storm drain plans and profiles, 2 sheets. • 30%storm drain plans and profiles and utility relocation plan, 3 sheets at 1"=40' (full-size)plus one detail sheet • 30%Design of railroad/storm sewer crossing, 1 sheet • 30%opinion of probable construction cost Task 5—Environmental Work to be performed by KPG and Cooper Zeitz: 1. SEPA and permitting work will be performed by KPG vice Cooper Zeitz. This change is at no additional cost to the City. 2. ESA Phase II: Two additional mobilizations will be required to develop and sample two wells at locations different than originally planned. The sampling locations need to change as a result of one existing well (HA-13) on the R/W not suitable for sampling which was unanticipated at the time of original scoping. In addition, based on test results from the two wells that were sampled, the location of the 4th well should be changed to better identify the extent of contamination in the R/W. 3. Shattuck Ave.: Perform Phase I investigation including review of DOE web site to determine the potential for contamination presence. Findings will be summarized in a technical memorandum. Task 9 - Railroad Bridge and Track PS&E (THIS WORK HAS BEEN COMPLETED IN ADVANCE) Additional work for this task will accommodate two new scenarios that have recently developed as a result of changes in funding and unanticipated involvement by BNSF as described as follows: 1. Scenario 1 Construct only Hardie Bridge in first construction package—For this scenario funds are only available for the Hardie Ave Bridge construction. The additional work for this scenario is described as follows: The Consultant will modify the current drawings for the rail/bridge improvements that were previously approved by BNSF, to provide for constructing the Hardie and Rainier Ave. bridges under sepate contracts. The drawings will be modified by separating Hardie Bridge and Rainier Bridge into two separate packages. The Consultant will also update the cost estimate accordingly. Work related to the Hardie Page5of7 p City of Renton DMJM HARRIS ,\ ( Rainier Avenue/BNSF Improvements 140101 Scope Change 1 Bridge will be performed under separate contract to KPG. Only modifications to the rail drawings for Rainier Ave. will be included in this change order. Plans will be impacted as follows: • 1 Summary of Quantities sheet to be modified • 1 typical Sections sheet to be modified • 4 Track Staging sheets will be modified 2. Scenario 2 Construct Hardie and Rainier Ave Bridges under same contract The Consultant will modify the drawings from Scenario 1 to provide for construction of the Hardie and Rainier Ave. Bridges under one construction contract. In addition, the drawings will be modified to accommodate BNSF required changes to the Scenario 1 submittal. The Consultant will also update the cost estimate accordingly. Work related to the Hardie Bridge will be performed under separate contract to KPG. Only modifications to the rail/bridge drawings for Rainier Ave. will be included in this change order. Significant design changes include: • Adding a 4th girder to provide for 2 independent superstructures • Converting drilled shaft pile foundation to H-Pile • Eliminating MSE lateral support system • Redesigning track profile to reduce cut on Rainier Ave. • Redesigning track alignment to accommodate 4th girder Plans will be impacted as follows: • 1 Cover Sheet • 1 Drawing Index • 3 Track Plan and Profile sheets • 1 Bridge Layout sheet • 2 Foundation sheets • 3 Superstructure Framing and Details sheets All rail and bridge plans will be prepared to a total completion of 80% and turned over to BNSF. No further design work on this task will be performed. Original budget for 80-100% plans was used to complete this work and will be deducted from the cost of this task. Page 6 of 7 City of Renton DM1M HARRIS 3 ' t N 41••I' Rainier Avenue/BNSF Improvements Scope Change 1 Task 10 - Roadway PS&E—7th Ave Redesign (THIS WORK HAS BEEN 80% COMPLETED IN ADVANCE) The Consultant will modify the current channelization design of SW 7th Street/Rainier Avenue intersection by converting the existing Rainier northbound to eastbound right turn only lane to a thru/right turn lane. All existing traffic signals will be replaced with new signals. Lighting will be analyzed and revisions to illumination design will be made as needed. PS&E will be impacted as follows: • 1 Summary of Quantities sheet to be modified • 1 Site Preparation sheet to be modified • 1 Channelization sheet to be modified • 1 Intersection Paving Plan sheet to be added • 1 Roadway Plan and Profile sheet to be modified • 1 Signal Plan sheets to be added • 4 Signal Wiring and Detail sheets to be added • 1 Drainage sheet to be modified • Specifications to be modified for new signal • Cost Estimate to be modified for new signal Page 7 of 7 City of Renton DIAN HARRIS :\ CO Rainier Avenue/BNSF Improvements Scope Change I ( Supplement # 1 1 , . , ( . 1 Ctty of R —1 Renton — — _, RainierAAvenue/BNSFImprovements — - -- — — -- ---- — Detailed Labor&Fee Breakdown Final Design — — — • --r—-- — TASKS Project Sr Rail Structural Sr.Civil Design Admin Task OIC Manager Engineer Engineer Engineer Engineer CADD Assistant Total Hrs Cost Direct Labor Rates $ 81.00 $ 69.00 $ 47.00 $ 45.00 $ 46.50 $ 34.00 $29.00 $ 25.00 1.0 Project Management Project Administration 2 20 6 28 BNSF Permit/Agmt Support 6 4 4 4 6 4 28 Subtotal 2 26 4 4 4 - 6 10 56 $ 7,869 2.0 Surveying Topog Survey 1 2 8 4 15 Basemap Additions 2 4 2 _ 8 Subtotal - 1 - - 4 12 6 - 23 $ 2,245 3.0 Geotechnical _ _ Shattuck Ave Research 1 6 4 11 Technical Memorandum 4 2 2 2 10 Subtotal - 6 2 8 4 - 2 21 $ 2,663 4.0 Shattuck Ave Drainage Study Field Research 2 2 4 8 Storm Drain Analysis 2 4 8 6 20 Construction Methods Analysis 4 12 4 4 24 Utility Impact Evaluation 4 8 8 2 22 Technical Memorandum 8 6 16 12 8 12 4 66 Subtotal - 20 6� 28 30 32 18 6 140 $ 16,298 I 5.0 Environmental Rainier Develop 2 Wells 2 2 2 6 Shattuck Phase 1 ESA 8 2 10 !Subtotal - 10 - - 2 - - 4 16 $ 2,368 9.0 Railroad Bridge and Track PS&E , Scenario 1 Revise Track/Bridge Drawings 6 8 8 16 10 16 2 66 Revise Cost Estimate 2 2 4 2 10 Scenario 2 Revise Track/Bridge Drawings 4 16 10 65 20 50 50 6 221 80.100%Final Drawings (10) (20) (44) (20) (70) (70) - (234) !Subtotal 4 14 (2) 31 20 (8) (4) 8 63 $ 8,939 Cdy of Renton Rainier Ave/BNSF Imp. CO a1 Fee Estimate 2/5/2007 Supplement # 1 • I ()\ J\I HARRIS :‘,t.:( flivi City of Renton RalnierAvenue/BNSF Improvements Detailed Labor&Fee Breakdown _ Final Design TASKS Project Sr Rail Structural Sr.Civil Design Admin Task OIC Manager Engineer Engineer Engineer Engineer CADD Assistant Total Hrs Cost Direct Labor Rates $ 81.00 $ 69.00 $ 47.00 $ 46.00 $ 46.50 $ 34.00 $29.00 $ 25.00 10.0 Roadway PS&E Plans Revise Summary of Quantities 2 2 4 4 12 Revise Site Preparation/TESC _ 2 4 2 8 Revise Roadway Plan and Profile 8 4 2 14 Revise Chan Plan 10 4 4 18 New-7th Ave Intersection Paving Plan 2 4 8 12 26 New 7th Ave Signal plans 5 Sheets 6 16 40 30 92 Subtotal - 10 - 42 64 54 - 170 $ 17,124 Cost Estimate Revision 2 4 8 14 $ 1,698 13.0 Quality Control t.rnedung ana Assurance tor Submittals 2 4 4 12 2 24 $ 3,288 Design Totals: 8 92 8 69 126 112 80 32 527 Direct Labor Cost $848 $6,348 $376 $3,105 $5,859 $3,808 $2,320 $800 23,264 Overhead a 138,19%DLC $895 $8,772 $520 $4,291 $8,097 $5,282 $3,206 $1,106 32,149 Fee a30%DLC _ $194 $1,904 $113 $932 $1,758 $1,142 $896 $240 6,979 Total Labor Costs $1,738 $17,025 $1,008 $8,327 $15,713 $10,213 $6,222 $2,146 $62,392 $ 62,392 Subconsutants Cooper Zletz $7,599 Rosewater $16,986 Miibor-Pita $11,100 Perteet $20,826 Subtotal Subs. $56,511 Reimbursable$ Reproduction $1,300 -Mileage 200 Miles a.44/mile $88 Misc(FEDEX,Courier,etc) $436 Total Reimburaables $1,824 Total Fee $120,726 City of Renton Rainier Ave/BNSF Imp CO Mt ss Estimate From: Ken Valder [kenv@coopercm.com] Sent: Wednesday, August 23, 2006 11:01 AM To: Silver, Aaron Subject: RE: Rainier- Shattuck CO Rainier Ave Original Proposal $ 31,535 Remove SEPA -4,999 Develop M-P Wells 2,681 Develop and sample new wells 4,717 Brand New Work Total $ 33,394 Difference $ 2,399 Subtotal $2,399 Shattuck Ave Phase 1 Web Research $1,100 DOE and Property Research $1,600 Tech Memo $2,500 Subtotal $5,200 Total Change Order $7,599 R ROSEWATER ENGINEERING City of Renton Rainier Avenue/BNSF Improvements Detailed Labor& Fee Breakdown Supplement#1 Shattuck Avenue Diversion Feasibility Study&30% Design RoseWater Engineering, Inc. TASKS Project Project Senior Design Engineering Manager Engineer Consultant Engineer Tech(CAD) Project Admin Direct Labor Rates $ 38.50 $ 38.50 $ 69.25 $ 28.00 $ 30.75 $ 24.00 Total Shattuck Avenue Diversion Feasibility Study _ A. Site visit 4 4 4 12 B.Meeting with City/coordination with team 4 4 C.Coordination with team 1 1 2 D. Conceptual design of conveyance pipe 1 6 16 12 1 36 E. Cost Opinion 2 6 8 F. Technical memo 6 2 8 G.QA/QC of deliverables 1 4 1 6 ( ( ( . R ROSEVVATER ENGINEERING CI•:if_ rGunuLr.lC Shattuck Avenue Diversion 30% Design A. Site visit 4 4 8 B. Meeting with City/Coordination with Team 4 1 1 6 C.30%plans, profiles&detail sheet 1 4 16 12 1 34 D. Preliminary utility relocation alignments 2 8 4 14 E. Updated cost opinion 2 4 6 _ F.QA/QC of deliverables 1 2 1 4 G. Backwater analysis 2 12 14 Design Totals: 17 40 2 71 28 4 162 Direct Labor Cost $655 $1,540 $139 $1,988 $861 $96 5,278 Overhead @ 189% DLC $1,237 $2,911 $262 $3,757 $1,627 $181 $9,975 Fee @ 30%DLC $196 $462 $42 $596 $258 $29 $1,583 Total Labor Costs $2,088 $4,913 $442 $6,342 $2,747 $306 $16,837 Reimbursables Reproduction Travel $53 2 trips Renton meeting(30 miles) $27 2 site visits(30 miles) $27 Postage&Delivery(4 couriers at$24 ea) $96 Total Reimbursables $149 Total Fee $16,986 Milbor Pita CO#1 Rainier Ave 1. Drilling 2 holes, small track rig: $2100 2. Traffic control: $1000; we have to shut down a lane. 3. Geotech Report Update $1200 Subtotal 4,300 Shattuck Ave 1. Drilling 2 holes, small track rig: $3000 2. Install 2 water monitoring wells $800 2. Traffic control: shut down a lane $1000; 3. Geotech Report $2000 Subtotal 6,800 Total Change Order 11,100 Perteet City of Renton Rainier Avenue/BNSF Improvements Detailed Labor& Fee Breakdown Final Design %Atli 1441/0 TASKS Principal 2-Person 3-Person Project Survey/C urvey Surveyor Sr. PLS PLS Field Crew Field Crew Surveyor AD Tech Asst. Direct Labor Rates $ 53.00 $ 45.00 $ 34.00 $ 52.00 $ 67.50 $ 30.00 $ 25.00 $ 21.00 Total 1.0 Project Management _ Project Administration 4 8 2 14 Project Meetings 2 2 - 4 3rd Party Coordination (APS, BNSF, WSDOT, R/W) 2 2 2.0 Surveying Research - Horizontal Control 5 4 9 Vertical Control 5 4 9 Topographic Survey 40 12 20 72 Maintain Basemap - Amt ir Perteet 13.0 Quality Control Checking and Assurance 2 4 6 Design Totals: 10 - 14 50 - 20 20 2 116 Direct Labor Cost $530 $0 $476 $2,600 $0 $600 $500 $42 4,748 Overhead @ 179.72% DLC $953 $0 $855 $4,673 $0 $1,078 $899 $75 8,533 Fee @30% DLC $159 $0 $143 $780 $0 $180 $150 $13 $1,424 Total Labor Costs $1,642 $0 $1,474 $8,053 $0 $1,858 $1,549 $130 $14,706 Reimburseables GPS Receivers 2 @$150/day Travel $230 Digital Level @$50/day $25 APS $5,865 Total Reimburseabels $6,120 Total Fee $20,826 (.. (k, (k.,._ CITY OF NTON PLANNING/BUILDI JBLIC WORKS TRANSPORTATION .,TEMS DIVISION 2007-2012 SIX-YEAR TIP Rainier Avenue -SW 7th St to S 4th P1 Functional Classification: Principal Arterial Fund: 317 Proj.Length: 0.3 miles Proj: 12308 RANK: 11 CONTACT: Jason Fritzler 425.430.7243 DESCRIPTION: STATUS: Improvements complete a missing link, remove barriers,eliminate sub-standard conditions,control and 30%design is complete. BNSF has approved a steel thru-plate girder bridge type. consolidate access points to existing major businesses,and provide an enhanced pedestrian Construction funding will be pushed to 2010. The TIB awarded$2,208,000 in environment. Project elements include adding a third NB through-lane,adding a left-turn lane,removing Transportation Partnership Program(TPP)grant funds in November 2003. $300,000 of the BNSF railroad bridge support pier,lowering the roadway to provide standard clearance under the mitigation funds must be dedicated to this project to fulfill the grant requirements. bridge,and widening sidewalks to 10 feet with streetscaping. JUSTIFICATION: CHANGES: Existing high level of traffic congestion and accidents. Bottleneck including reduction of lanes from three Due to the high volume of traffic on the Rainier Corridor,construction of both railroad to two at S 7th St and the BNSF bridge and support pier just south of S 4th PI. The improvements will bridges(Hardie and Rainier)will occur simultaneously(2007-2008),and Hardie will be enhance traffic flow and reduce accidents. They will provide a missing link on Rainier Ave.with one widened to accommodate detour traffic on Rainier. This will put construction of Rainier into additional northbound(NB)lane. 2009-2010. The 30%design cost estimate is reflected in the programmed funds below. The total project cost has increased approximately$2.4 million. i Funded :I 7,231,8191 Unfunded :J 2,057,836. Project Totals Programmed Pre-2007 Six Year Program ITEM Programmed Spent Pre-2006 2006 Total 2007 2008 2009 2010 2011 2012 EXPENSES: _ Project Development Precon Eng/Admin 1,139,655 289,655 721,000 129,000 129,000 R-O-W(includes Admin) 500,000 150,000 350,000 350,000 Construction Contract Fee 6,500,000 6,500,000 1,500,000 1,500,000 1,750,000 1,750,000 Construction Eng/Admin 650,000 650,000 150,000 150,000 175,000 175,000 Other-BNSF work 500,000 500,000 500,000 TOTAL EXPENSES 9,289,655 289,655 871,000 8,129,000 2,629,000 1,650,000 1,925,000 1,925,000 SOURCES OF FUNDS: Vehicle Fuel Tax 365,000 365,000 100,000 245,000 20,000 Business License Fee 949,900 149,900 800,000 20,000 680,000 100,000 Proposed Fund Balance 3,182,719 181,437 409,600 2,591,682 2,279,000 312,682 Grants In-Hand 2,208,000 3,518 90,000 2,114,482 150,900 1,000,000 964,482 Mitigation In-Hand 526,200, 104,700 221,500 200_000 100,000 100,000 Bonds/L.I.D.'s Formed Other In-Hand Grants Proposed Mitigation Proposed _ L.I.D.'s Proposed Other Proposed Undetermined 2,057,836 2,057,836 1,217,318 840,518 TOTAL SOURCES 9,289,655 289,655_ 871,000 8,129,000 2,629,000 1,650,000 1,925,000 1,925,000 Raxwr-RR 8Mg 09/2&2 6 ff,0 AM 5-11 FINAL Rainier Ave. SW 7th St. to S 4th PI. Shattuck Stormwater Bypass Feasibility Study .ef ''''''''''!'''':1';'4'41.4....'7'.- tiF '� '19'� +n u_. .3 F sr ii �' . C. #a 0 ,. M . . t _ 2 :', isisian New Stormwater Bypass CITY OF RENTON COUNCIL AGENDA BILL fi AI #: Submitting Data: Planning/Building/Public Works For Agenda of: February 12,2007 Dept/Div/Board.. Utility Systems Division/Surface Water Utility Staff Contact Ron Straka(ext. 7248) Agenda Status: Allen Quynn(ext. 7247) Consent X Subject: Public Hearing.. SW 34th Street Culvert Replacement Project— Correspondence.. Temporary Road Closure of SW 34th Street. Ordinance Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Vicinity Map Information Draft Resolution Recommended Action: Approvals: Refer to Transportation Committee Legal Dept X Finance Dept Other Ikluire Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Surface Water Utility is finalizing the plans and specifications for the SW 34th Street Culvert Replacement project in preparation for project construction in May of this year. The purpose of the project is to replace four CMP culverts across Springbrook Creek, which are undersized and are significant restrictions to flow in the creek, contributing to upstream flooding problems in the south Renton valley. Springbrook Creek crosses SW 34th Street at mid-block between Oakesdale Avenue SW and Lind Avenue SW. Temporary closure of SW 34th Street would allow the contractor to remove the existing culverts and install the new box culvert approximately three weeks earlier than if they had to maintain through access to traffic, resulting in less impact to neighboring businesses. The shorter construction period would also result in a cost savings of approximately$150,000 to $200,000. STAFF RECOMMENDATION: Approve and adopt the resolution authorizing temporary road closure of SW 34th Street across Springbrook Creek between Lind Avenue SW and Oakesdale Avenue SW during the construction of the SW 34th Street Culvert Replacement project. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3223 SW 34th St Culvert Replacement Project\Road Closure\road closure agenda bill.doc\AQmd C.)ti` Y 0� PLANNING/BUILDING/ ♦ . PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: February 2, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: -1-- . Kathy Keolker, Mayor FROM: Gregg Zimmerman,Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor(ext. 7248) Allen Quynn, Surface Water Utility Engineer(ext. 7247) SUBJECT: SW 34th Street Culvert Replacement Project—Temporary Road Closure of SW 34th Street ISSUE: Should the City Council adopt the resolution authorizing a temporary road closure of SW 34th Street during construction of the SW 34th Street Culvert Replacement Project? RECOMMENDATION: Approve and adopt the resolution authorizing a temporary road closure of SW 34th Street across Springbrook Creek between Lind Avenue SW and Oakesdale Avenue SW during the construction of the SW 34th Street Culvert Replacement project. BACKGROUND: The Surface Water Utility is finalizing the plans and specification for the SW 34th Street Culvert Replacement project in preparation for project construction in May of this year. The purpose of the project is to replace four CMP culverts across Springbrook Creek which are undersized and are significant restrictions to flow in the creek, contributing to upstream flooding problems in the south Renton valley. Springbrook Creek crosses SW 34th Street at mid-block between Oakesdale Avenue SW and Lind Avenue SW. Temporary closure of SW 34th Street would allow the contractor to remove the existing culverts, install the stream bypass pipe and diversion dam, install the new box culvert and in-stream woody debris and spawning gravel, as well as complete utility relocations across the creek, approximately three weeks earlier than if they had to maintain through access to traffic, resulting in less impact to neighboring businesses. The shorter construction period would also result in a cost savings of ,, approximately$150,000 to $200,000. Even with a temporary road closure across SW 34th Street Culvert Replacement Project February 2,2006 Page 2 of 2 Springbrook Creek,the contractor would be required to maintain local access to ' businesses on both sides of SW 34th Street at all times. SW 34th Street will be closed to all through traffic starting at 90 feet west of the centerline of the proposed culvert and extend across Springbrook Creek to 65 feet east of the center line of the proposed culvert. The road closure would remain in effect 24 hours a day for approximately ten weeks from June 2007 through September 2007. Exact dates for the closure will depend on the contractor's work progress. Per City Code,the public will have advanced notification of the closure dates prior to the beginning of construction, with periodic updates as construction progresses. To notify the public of the project closure schedule, signs will be posted and notifications will be placed in the Renton Reporter. As part of the contract specifications,the contractor will be required to develop a City approved traffic control plan that shows locations of all road closures and detour signs. CONCLUSION: The Planning/Building/Public Works Department recommends the City Council approve and adopt the resolution authorizing a temporary road closure of SW 34th Street during construction of the SW 34th Street Culvert Replacement Project. cc: Lys Hornsby,Utility Systems Director H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3223 SW 34th St Culvert Replacement Project\Road Closure\road closure issue paper.doc\AQmd ' / 11/' � i I ' ii I I /LJ 1 vorge Oakesdale Ave SW I , \ S Ij , i I\.,, 0 i_11________ I ) , , \ 4 :7---) \ rij �i � Me _ — i' b j II O Jj j f I ______1 �T- -1 I ri E --'' E) �� A ----- - - ---L- f r1 Lind Avg. SW iiiimme I 1 �, Iz-t--__ — _1 - -- J --J— ---- --— c-+. Tf E Valley Rd. T i i I e v Free pio v • anther C'reelt \ j SW 34th Street Culvert Replacement Project Vicinity Map _ -1)-- 1 I i I ; N I I ---1 I I I �I Oakesdale Commerce Center11 Oakesdale Commerce Center ' Raden Warehouse SW Li 1 Ir , i sv St . 1 \ Local Access Onlyf4 Local Access Only Mt t_ 1----. \ IN �' Reliable Distributors Inc. rt Road Closure Area G and K Services Springbrook Warehouse Q I Smurfit Recycling Co. / c ) --1 //; , // , k.,..-1 ;..� (a ,/ (—Th t t. _ / F— --- CO- I 7 d tv4i +r CITY OF RENTON, WASHINGTON 1' ' ' . '' RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE TEMPORARY CLOSURE OF SW 34TH STREET (BETWEEN LIND AVE. SW AND OAKESDALE AVE SW) TO ALL THROUGH TRAFFIC WHEREAS, the City of Renton plans to install a new concrete box culvert and associated appurtenances at the 34th Street SW and Springbrook Creek crossing as part of the in- stream work for the SW 34th Street Culvert Replacement Project; and WHEREAS, it would be beneficial to the City and adjacent businesses to temporarily close the street during the in-stream work construction period. WHEREAS, pursuant to City Code section 9-9-3 the City Council is to authorize such closures by means of a Resolution; Now NOW, THEREFORE, THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The City Council does hereby authorize the temporary closures of SW 34th Street to all through traffic across Springbrook Creek (between Lind Ave. SW and Oakesdale Ave. SW) to occur during the period June 15, 2007 to September 30, 2007, to allow the contractor to install a concrete box culvert and all necessary appurtenances across Springbrook Creek. PASSED BY THE CITY COUNCIL this day of 2007. RESOLUTION NO. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of ,2007. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3223 SW 34th St Culvert Replacement Project\Road Closure\Resolution.doc AP:MOVED By 1 FINANCE COMMITTEE CI COUNC6L COMMITTEE REPORT DateA•-•id-.a07 February 12, 2007 Sublease Agreement with United Rentals Northwest Inc. (February 5, 2007) The Finance Committee recommends concurrence in the staff recommendation to approve a three-year Sublease Agreement for a temporary Parks Maintenance Facility with United Rentals Northwest Inc., for property at 1100 Bronson Way North, Renton, WA 98055 in the amount of $382,691 which includes an allowance for estimated utility charges, necessary tenant improvements, and move expenses. Funds can be appropriated from the 316 Reserve Fund through an Ordinance. The Committee further recommends that the Mayor and City Clerk be authorized to sign the Sublease Agreement. r ✓ / a fd. V' ` Don Persson, Chair Denis W. Law, Vice-Chair Dan Clawson, Member c: Terry Higashiyama,Administrator Community Services Mike Bailey,Administrator Finance/IS URSublease.doc\ Rev 01/06 bh NI:MOVED DY Cid COUNCIL Date a?-12-2 O0 7 FINANCE COMMITTEE COMMITTEE REPORT February 12, 2007 Building Inspector—Electrical (Grade a21) at Step D of the Salary Schedule (Referred January 22, 2007) The Finance Committee recommends concurrence in the staff recommendation to approve the authorization to hire the Building Inspector— Electrical position (Grade a21) at Step D of the salary schedule, retroactive to January 1, 2007. /'6it Don Persson, Chair Zeti4/ 1. Denis W. Law, Vice Chair Dan Clawson, Member cc: Gregg Zimmerman,PBPW Administrator Neil Watts,Development Services Director Larry Meckling,Building Official Mike 14le.bby, Hk'R Adtiiih. Electrical Inspector-comm report.doc\ Rev 01/06 bh ArTTMED BY FINANCE COMMITTEECETY CIL COMMITTEEE REPORT Date ./�_ '07 February 12, 2007 Issaquah and Kent School District Impact Fees (Referred October 16, 2006) The Finance Committee recommends concurrence in the staff recommendation to approve an increase in the school mitigation impact fee collected on behalf of the Issaquah School District. The fee shall be increased to $6,136 per new single family home. The Committee recommends concurrence in the staff recommendation to approve the collection of a school mitigation impact fee on behalf of the Kent School District. This fee shall be in the amount of$4,928 per new single family home. The Committee further recommends that the ordinance regarding this matter be presented for first reading. -77 Don Per on, Chair dada) 1,‘) Denis W. Law, Vice Chair Dan Clawson, Member cc: -3ayC-eringten Alex Pietsch Gregg Zimmerman Arminvco BY FINANCE COMMITTEE REPORT CITY COUNCIL February 12, 2007 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on February 12, 2007, claim vouchers 256208-257082 and 3 wire transfers, totaling $7,897,716.61 , and 641 direct deposits, payroll vouchers 67359- 67517, and 1 wire transfer, totaling $2,115,873.93 . Don Persson, Chair Denis Law, Vice-Chair raZr1._ Dan Clawson, ember :n"" By C:TV COUNCIL FINANCE COMMITTEE COMMITTEE REPORT Dcto -/a_,2007 February 12, 2007 Reclassification of Positions (Referred 2/05/2007) The Finance Committee recommends concurrence in the staff recommendation to approve reclassification of positions and pay ranges for Finance &Information Services, Community Services, P/P/PW and Police Departments that do not require additional 2007 budget appropriation as follows: Current Title Current New Budget Change Grade Grade 2007 Payroll Analyst(New Position Lead Payroll Analyst) Move n11 n13 $2,616 to a13 after incumbent retires (Patricia Shimmel) Museum Supervisor(New Title Museum Manager) n12 m22 $5,484 Community Relations Specialist (New Title Community n15 m22 $4,668 Relations & Events Coordinator, this position becomes FLSA exempt) Grounds Equipment Mechanic a13 a15 $2,736 Vehicle&Equipment Mechanic I(3 incumbents) a13 a15 $8,208 Lead Vehicle &Equipment Mechanic (2 incumbents) all al 9 $6,048 Secretary I(Transportation Division) (New Position a05 a07 $2,220 Secretary II) The above changes, if approved, will be effective January 1, 2007. Current Title Current New Budget Grade Grade Change thru 2006 Domestic Violence Victim Advocate pn60 pn61 $2,628 The above change, if approved, will be effective January 1, 2006. This reclassification will not require additional budget appropriations. 1-///;" :/f:;71 Don ersson, Chair W Denis W. Law, Vice Chair Q6-1/L Dan Clawson,Member em err cc: Michael Webby Gregg Zimmerman Eileen Flott Terry Higashiyama Michael E. Bailey -;fes-C gton Dat, a-/22-ad07 TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT February 12, 2007 I2007 Citywide Comprehensive Walkway Study (February 5, 2007) I The Transportation Committee recommends concurrence in the staff recommendation to approve the consultant agreement with Mirai Associates, Inc. in the amount of$75,849.00 for the 2007 Citywide Comprehensive Walkway Study. • V2 k ; ' Marcie Palmer, Chair A ,,------ (,:l --( e' (lk/1 1 ------ - iandy Corman, Vice-Ckair r • Don Persson, Member cc: Peter Hahn,Deputy PBPW Administrator—Transportation Jim Seitz,Transportation Planning&Programming Supervisor Dan Hasty,Transportation Planning Project Manager Connie Brundage,Transportation Administrative Secretary TRANSPORTATION/AVIATION COMMITTEE cur, _-/2-#2007 COMMITTEE REPORT February 12, 2007 Airport Advisory Committee Additional Voting Members (Referred January 22, 2007) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve the addition of two voting members to the Airport Advisory Committee, one representing Mercer Island and the other representing the Washington Pilots' Association, Green River Chapter. The Committee further recommends that the ordinance regarding this matter be presented for first reading. / 7, Marcie Palmer, Chair -// l "/,' j Randy Co—an, Vice- •.it j, - JJ�. Don Persson, Member cc: Ryan Zulauf,Airport Manager Bruce Fisher,Airport Operations Specialist Susan Campbell-Hehr/Carolyn Currie,Airport Secretary Connie Brundage,Administrative Secretary hdopl-ed 02-/02-aoo7 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3155- A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (WEDGEWOOD LANE FINAL PLAT [DIVISION 4 AND 5]; FILE NO. LUA-06-100FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; 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 H. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 4.88 acres, is located in the vicinity of NE 10th Street, Hoquiam Avenue NE and llwaco Pl. NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated January 31, 2007. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1240:2/5/07:ma 2 EXHIBIT A LEGAL DESCRIPTION Wedgewood Lane Divisions 4 & 5 pIYISIQN 4 NE NORTH 15 FEET OF THE WEST HALF OF NE NORTHEAST QUARTER OF NE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; EXCEPT THE WEST 30 FEET 'THEREOF FOR ROAD; AND THE NORTH 315 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.. IN KING COUNTY, WASHINGTON. DIVISION .5; NE SOUTH HALF OF NE SOUTH HALF OF NE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE WEST 30 I-Et i THEREOF AS CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 3261892. VICINITY MAP Wedgewood Lane, Divisions 4 & 5 t 4054 5 ]) 2 Al1111h *3114f5941'314'‘—. i,a, 1014 I ,, 4,,,,or ui ',[�g�(j� 1E1 METus ... SITE x�f1ta 8 9 i V A A ,r ti 1 J 4cerAc NE 4Th STREET t ,.•.- W CREENW000 RENTON CEIVERY 1 --- 17 1 16 15 14 4(444' y COW 40 42 '14 MAPLEWOOD GOLF CO i VICINITY MAP N f'_ f ildop/ear a-/e?-a007 CITY OF RENTON, WASHINGTON RESOLUTION NO. &P6-6 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (VICTORIA POINTE; FILE NO. LUA 06- 148FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; 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 H. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 r RESOLUTION NO. (The property, consisting of approximately 1.69 acres, is located in the vicinity of 3701 Wells Ave N) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated January 29, 2007. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1238:1/31/07:ma 2 EXHIBIT A Legal Description of Property PORTION OF SW 1/4 OF NW 1/4, SECTION 32, T 24 N, R 5 E, W.M. LEGAL DESCRIPTION OF RECORDS PARCEL A THE EAST 125 FEET OF TRACT 80 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DMSION NO. 2, ACCORDING TO THE PLAT THEREOF , RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON. PARCEL B TOGETHER WITH: THE WEST 100 FEET OF THE EAST 225 FEET OF TRACT 80 OF C.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN NO. 2, ACCORDING TO THE PEAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON; PARCEL D TOGETHER WITH EAST 300 FEET OF TRACT 79, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 90 FEET OF THE EAST 140 FEET THEREOF. PARCEL C TOGETHER WITH TRACT 80, C.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN NO. 2, ACCORDING TO THE PLAT THEREOF; RECORDED IN VOLUME 11 OF PLATS, PAGE 64, IN KING COUNTY, WASHINGTON EXCEPT THE EAST 255'. IA 1/. 44, t5 $ 40114 ST e 4( .4 SITE I 4O LAIS 7ift N MTH MINIM ireiwit-I;-:ri rvi _II , ii,0 0, 41 0 e / b tiamorirrmb6ett Yii VICINITY MAP N . T. S.