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HomeMy WebLinkAboutCouncil 01/23/2006 AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
January 23, 2006
Monday, 7:00 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. ADMINISTRATIVE REPORT
4. 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.
5. 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 1/9/2006. Council concur.
b. City CIerk reports bid opening on 11/15/2005 for CAG-05-165, NE Sunset Blvd. (SR-
900)/Duvall Ave. NE Intersection Improvements; nine bids; engineer's estimate$1,350,596.18;
ktirol and submits staff recommendation to award the contract to Sanders General Construction
Company in the amount of$1,655,345.54. Approval is also sought to transfer$1,528,369 from
Fund 317 year-end fund balance to this project. Refer to Transportation (Aviation)Committee.
c. City Clerk submits Quarterly Contract List for period of 10/1/2005 to 12/31/2005; 47 contracts
and 15 addenda totaling $4,108,290.03. Information.
d. Development Services Division recommends approval, with conditions, of The Reserve at
Stonehaven Final Plat; 36 single-family lots on 5.95 acres located at S. 47th St. and Main Ave. S.
(Fp-05-130). Council concur. (See 8. for resolution.)
e. Economic Development, Neighborhoods and Strategic Planning Department recommends
adoption of an ordinance correcting the designation of property (Southport) eligible for multi-
family housing property tax exemption, and correcting the definition of net density. Council
concur. (See 8.a. for ordinance.)
f. Economic Development, Neighborhoods and Strategic Planning Department submits 10%Notice
of Intent to annex for the proposed Aster Park Annexation, and recommends a public meeting be
set on 2/13/2006 to consider the petition; 16.58 acres located along the south side of Sunset Blvd.
NE, west of 148th Ave. SE. Council concur.
g. Economic Development, Neighborhoods and Strategic Planning Department recommends a
public hearing be set on 2/13/2006 to consider the 10%Notice of Intent to annex petition by
election for the proposed Preserve Our Plateau Annexation; approximately 1,475 acres located in
the vicinity of'SE 128th St. and 184th Ave. SE. Council concur.
h. Fire Department recommends adoption of an ordinance amending the fire prevention fees
effective 2/1/2006, with two fee changes to more accurately reflect the cost of services. Council
concur. (See 8.b. for ordinance.)
i. Legal Division recommends adoption of an ordinance updating definitions, including nuisances,
and clarifying civil and criminal violations and penalties. Refer to Public Safety Committee.
j. Police Department recommends approval of a contract with Occupational Health Services
(PublicHospital District No. 1 of King County) in the amount of$167,970 for health services for
Renton jail inmates for 2006. Council concur.
(CONTINUED ON REVERSE SIDE)
k. Utility Systems Division submits CAG-04-143, 2004 Lift Station Rehabilitation; and requests
approval of the project, authorization for final pay estimate in the amount of$2,595,
commencement of 60-day lien period, and release of retained amount of$6,026.24 to R.L. Alia
Co iany,contractor,if all required releases are obtained. Council concur.
` 1. Utility Systems Division recommends approval of a concurrence letter with Washington State
Department of Transportation regarding draft agreements associated with the Springbrook Creek
Wetland and Habitat Mitigation Bank. Refer to Utilities Committee.
6. CORRESPONDENCE
Letter from Sara Slatten, CamWest Development,Inc.,9720 NE 20th Pl., Suite 100, Kirkland,
98034,requesting reimbursement in the amount of$4,474.60 for oversizing the sewer line for the
Shamrock Heights plat at the City's request. Refer to Utilities Committee.
7. 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
b. Utilities Committee: Financial Consulting Solutions Group Contract for Comprehensive Utility
Rates & System Development Charges Study
8. RESOLUTIONS AND ORDINANCES
Resolution: The Reserve at Stonehaven Final Plat(see 5.d.)
Ordinances for first reading and advancement to second and final reading:
a. Correcting eligibility language for the property tax exemption program(see 5.e.)
b. Amending fire prevention fees (see 5.h.)
Ordinances for second and final reading:
a. Issaquah School District impact fee (1st reading 1/9/2006)
b. Vacation of portion of NE 4th St. (1st reading 1/9/2006)
9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded
information.)
10. AUDIENCE COMMENT
11. EXECUTIVE SESSION (property acquisition)
12. ADJOURNMENT
COMMITTEE OF THE WHOLE
AGENDA
(Preceding Council Meeting)
Council Chambers
6:00 p.m.
WSDOT Presentation on Detour Plans for the SR-167 South 43rd and Southwest 41st Ramp Improvements
�Mrr'
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST
TUES.&THURS.AT 11:00 AM&9:00 PM,WED.&FRI.AT 9:00 AM&7:00 PM AND SAT.&SUN.AT 1:00 PM&9:00 PM
RENTON CITY COUNCIL
Regular Meeting
January 23,2006 Council Chambers
Monday,7:00 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 Pro Tern; DAN CLAWSON;DENIS LAW;
COUNCILMEMBERS MARCIE PALMER; DON PERSSON. MOVED BY NELSON, SECONDED
BY PALMER, COUNCIL EXCUSE ABSENT COUNCILMEMBERS
RANDY CORMAN AND 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;BEN
WOLTERS;Economic Development Director; COMMANDER KATIE
MCCLINCY,Police Department.
Added A proclamation by Mayor Keolker was read declaring the week of January 30,
PROCLAMATION 2006,through February 5, 2006, to be "Toastmasters Week" in the City of
Toastmasters Week- Renton,encouraging all citizens to recognize the many accomplishments and
1/30/2006 to 2/5/2006 opportunities in communication and public speaking provided by this
outstanding organization. MOVED BY LAW, SECONDED BY PERSSON,
COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED.
Dennis Boyd,Public Relation Officer for District 2 Toastmasters,accepted the
proclamation with appreciation.
ADMINISTRATIVE Chief Administrative Officer Jay 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 2006 and beyond. Items noted
included:
* Valley Community Players presents the comedy You Can't Take it With You
from February 3rd through February 19th at Carco Theatre.
Washington State's Salmon Recovery Funding Board awarded$2.5 million
for six salmon habitat restoration projects within Water Resource Inventory
Areas (WRIA) 8 and 9, which include Renton.
AUDIENCE COMMENT Roger McGinnis,710 S. 2nd St.,Renton,98055, introduced himself as a
Citizen Comment: McGinnis - member of the Evergreen City Ballet(ECB)Board of Directors, and expressed
Evergreen City Ballet appreciation for the warm welcome that ECB has received from the community.
He explained that this non-profit organization was founded in 1994, and its
Artistic Director,Wade Walthall, was a principal dancer with Pacific
Northwest Ballet. Mr. McGinnis reported that ECB conducts school outreach
programs, offers scholarships,and gives four to five performances per year. He
stated that ECB is trying to schedule performances in Renton, and will soon
hold a community open house. Mayor Keolker noted that ECB's new studio is
located in the old McLendon's Hardware store (710 S. 2nd St.).
Citizen Comment: Coder-The Mathew Coder,4701 Smithers Ave. S.,Renton, 98055,referred to the consent
Reserve at Stonehaven Final agenda item recommending approval of The Reserve at Stonehaven Final Plat,
Plat, S 47th St,FP-05-130 and asked that action on the matter be deferred until the issue regarding
stormwater runoff is resolved. He explained that he lives in the adjacent
January 23,2006 Renton City Council Minutes Page 17
Sundance development, and due to the geography of the area, four of the 36 lots
planned for the Stonehaven development are tied to the City's drainage system,
which drains into Sundance's private wet vault. Mr. Coder requested that the
owners of the four lots be required to help pay for the maintenance of the wet
vault, as do the homeowners in the Sundance development.
Councilman Clawson reported that he reviewed the situation with
Planning/Building/Public Works Administrator Gregg Zimmerman, and is
satisfied with the recommendation to approve the project.
Citizen Comment: Hansen - Ron Hansen,4717 Smithers Ave. S.,Renton, 98055, stated that he is a member
The Reserve at Stonehaven of the Sundance at Talbot Ridge Homeowners Association, and expressed
Final Plat, S 47th St,FP-05- concern regarding the allowing of residents outside the Sundance development
130 use of the private wet vault. Mr. Hansen pointed out that the 1990 King County
Surface Water Design Manual indicates that the owners of all properties are
required to maintain the quality of the water that exits the property,but the
water has to exit the property at the same level of quality at which it entered the
property. He said the subject four lots are relying solely on the existence of
Sundance's wet vault in order to comply with the surface water manual.
Mr. Zimmerman stated that the City has been working with representatives of
the Sundance at Talbot Ridge Homeowners Association on this issue. He
assured that Sundance's wet vault was designed in accordance to the surface
water manual, which states that the facility needs to be designed large enough
to handle the flow from the sub-basin.
Mr. Zimmerman reported that the City sent a letter to the homeowners
association offering to pay the proportionate share of the maintenance of the
wet vault for the four lots that reside outside of the Sundance development. He
noted that some of the surface water that drains into the facility also comes
from the City street. Mr.Zimmerman indicated that the City has not yet
received a response to the letter.
Continuing,Mr.Zimmerman pointed out that the issue relating to how flow is
handled from offsite to onsite stormwater facilities maintained by homeowners
associations is currently under review, and different options are being
investigated. He recommended that the decision on the final plat not be
delayed, as the offer the City has made addresses the homeowner association's
concern about payment for the maintenance of the wet vault.
In response to Councilwoman Palmer's inquiry regarding the City's use of the
1990 King County Surface Water Design Manual, Mr. Zimmerman stated that
the staff is considering incorporating a look at the City's own manual into its
surface water comprehensive plan because the City will have to comply with
the requirements of the Federal NPDES (National Pollutant Discharge
Elimination System)permit program within one year. Once the provisions of
the permit are known, they can be incorporated into the City's new standards.
He pointed out that the City imposes a higher level of standard on surface water
flow in sensitive drainage basins through the SEPA(State Environmental
Policy Act)process.
Responding to Ms. Palmer's inquiry,Mr. Zimmerman indicated that he assumes
the owners of the four subject lots will pay dues to the Stonehaven development
homeowners association,part of which will be used to maintain Stonehaven's
water detention facility even though the flow from the lots will not go to that
t
January 23,2006 Renton City Council Minutes Page 18
facility. He said this factor also contributed to the City's decision to offer to
pay the proportionate share of the maintenance for Sundance's wet vault.
Councilman Persson pointed out the merits of the City's offer. Councilman
Clawson noted the antiquated way stormwater is handled, and expressed his
hope that the future will bring about a way for more of the water to infiltrate
into the ground rather than running over impervious surface.
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 1/9/2006. Council concur.
1/9/2006
CAG: 05-165,NE Sunset City Clerk reported bid opening on 11/15/2005 for CAG-05-165, NE Sunset
Blvd/Duvall Ave NE Blvd. (SR-900)/Duvall Ave. NE Intersection Improvements;nine bids;
Intersection Improvements, engineer's estimate$1,350,596.18; and submitted staff recommendation to
Sanders General Construction award the contract to Sanders General Construction Company in the amount of
$1,655,345.54. Approval was also sought to transfer$1,528,369 from Fund
317 year-end fund balance to this project. Refer to Transportation (Aviation)
Committee.
City Clerk: Quarterly Contract City Clerk submitted Quarterly Contract List for period of 10/1/2005 to
List, 10/1/2005 to 12/31/2005 12/31/2005; 47 contracts and 15 addenda totaling$4,108,290.03. Information.
Plat: The Reserve at Development Services Division recommended approval, with conditions,of
Stonehaven, S 47th St,FP-05- The Reserve at Stonehaven Final Plat; 36 single-family lots on 5.95 acres
130 located at S. 47th St. and Main Ave. S. Council concur. (See page 19 for
resolution.)
Planning: Multi-Family Economic Development,Neighborhoods and Strategic Planning Department
Housing Property Tax recommended adoption of an ordinance correcting the designation of property
Exemption (Southport)eligible for multi-family housing property tax exemption, and
correcting the definition of net density. Council concur. (See page 19 for
ordinance.)
Annexation: Aster Park, Economic Development,Neighborhoods and Strategic Planning Department
Sunset Blvd NE submitted 10%Notice of Intent to annex petition for the proposed Aster Park
Annexation, and recommended a public meeting be set on 2/13/2006 to
consider the petition; 16.58 acres located along the south side of Sunset Blvd.
NE, west of 148th Ave. SE. Council concur.
Annexation: Preserve our Economic Development,Neighborhoods and Strategic Planning Department
Plateau, SE 128th St recommended a public hearing be set on 2/13/2006 to consider the 10%Notice
of Intent to annex petition by election for the proposed Preserve Our Plateau
Annexation; approximately 1,475 acres located in the vicinity of SE 128th St.
and 184th Ave. SE. Council concur.
Fire: Prevention Fees Fire Department recommended adoption of an ordinance amending the fire
prevention fees effective 2/1/2006, with two fee changes to more accurately
reflect the cost of services. Council concur. (See page 20 for ordinance.)
Development Services: Legal Division recommended adoption of an ordinance updating definitions,
Nuisance Ordinance including nuisances, and clarifying civil and criminal violations and penalties.
Refer to Public Safety Committee.
January 23,2006 Renton City Council Minutes Page 19
Police: Jail Inmate Health Police Department recommended approval of a contract with Occupational
Services, Occupational Health Health Services (Public Hospital District No. 1 of King County) in the amount
Services of$167,970 for health services for Renton jail inmates for 2006. Council
concur.
CAG: 04-143,2004 Lift Utility Systems Division submitted CAG-04-143, 2004 Lift Station
Station Rehabilitation,RL Alia Rehabilitation; and requested approval of the project, authorization for final
Company pay estimate in the amount of$2,595, commencement of 60-day lien period,
and release of retained amount of$6,026.24 to R.L. Alia Company,contractor,
if all required releases are obtained. Council concur.
WSDOT: Springbrook Creek Utility Systems Division recommended approval of a concurrence letter with
Wetland and Habitat Washington State Department of Transportation regarding draft agreements
Mitigation Bank Concurrence associated with the Springbrook Creek Wetland and Habitat Mitigation Bank.
Refer to Utilities Committee.
MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
CORRESPONDENCE A letter was read from Sara Slatten, CamWest Development,Inc., 9720 NE
Citizen Comment: CamWest- 20th Pl., Suite 100, Kirkland, 98034, requesting reimbursement in the amount
Oversizing Reimbursement for of$4,474.60 for oversizing the sewer line for the Shamrock Heights plat at the
Sewer Line at Shamrock City's request. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL
Heights REFER THIS CORRESPONDENCE TO THE UTILITIES COMMITTEE.
CARRIED.
UNFINISHED BUSINESS Utilities Committee Chair Clawson presented a report recommending
Utilities Committee concurrence in the staff recommendation to approve the consultant contract
Utility: Rates &System with Financial Consulting Solutions Group,Inc. in the amount of$97,940 for a
Development Charges Study, water, wastewater, and surface water comprehensive rate study and system
Financial Consulting Solutions development charges study, and to authorize the Mayor and City Clerk to
Group execute the contract. MOVED BY CLAWSON, SECONDED BY LAW,
COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.
Finance Committee Finance Committee Chair Persson presented a report recommending approval
Finance: Vouchers of Claim Vouchers 243896 -244180 and 244373 -244798 and four wire
transfers totaling$1,991,509.98; and approval of Payroll Vouchers 61307 -
61672, two wire transfers, and 1197 direct deposits totaling$3,808,311.03.
MOVED BY PERSSON,SECONDED BY NELSON, COUNCIL CONCUR IN
THE COMMITTEE REPORT. CARRIED.
RESOLUTIONS AND The following resolution was presented for reading and adoption:
ORDINANCES
Resolution#3788 A resolution was read approving The Reserve at Stonehaven Final Plat; 5.95
Plat: The Reserve at acres located in the vicinity of S. 47th St. and Main Ave. S. MOVED BY
Stonehaven, S 47th St,FP-05- CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE
130 RESOLUTION AS READ. CARRIED.
The following ordinances were presented for first reading and advanced for
second and final reading:
Planning: Multi-Family An ordinance was read amending Sections 4-1-220.D of Chapter 1,
Housing Property Tax Administration and Enforcement, and Section 4-11-040 of Chapter 11,
Exemption Definitions,of Title N(Development Regulations)of City Code in order to
correct an error in the designation of property eligible for property tax
exemption for multi-family housing, and to correct an error in the definition of
January 23,2006 Renton City Council Minutes Page 20
net density, and declaring an emergency. MOVED BY CLAWSON,
SECONDED BY PERSSON, COUNCIL ADVANCE THE ORDINANCE FOR
SECOND AND FINAL READING. CARRIED.
Ordinance#5192 Following second and final reading of the above ordinance, it was MOVED BY
Planning: Multi-Family CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE
Housing Property Tax ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED.
Exemption
Fire: Prevention Fees An ordinance was read amending Section 4-1-150,Fire Prevention Fees,of
Chapter 1, Administration and Enforcement,of Title IV (Development
Regulations)of City Code by amending the fire prevention fees. MOVED BY
NELSON, SECONDED BY PALMER, COUNCIL ADVANCE THE
ORDINANCE FOR SECOND AND FINAL READING. CARRIED.
Ordinance#5193 Following second and final reading of the above ordinance, it was MOVED BY
Fire: Prevention Fees LAW, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
The following ordinances were presented for second and final reading and
adoption:
Ordinance#5194 An ordinance was read changing the impact fee collection on behalf of the
Finance: Issaquah School Issaquah School District within the City of Renton from$2,937 per new single
District Impact Fee family home to$5,115 per new single family home. MOVED BY LAW,
SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
Ordinance#5195 An ordinance was read vacating a portion of NE 4th St.,east of Rosario Ave.
Vacation: NE 4th St,City of NE(City of Renton;VAC-04-006). MOVED BY NELSON, SECONDED BY
Renton,VAC-04-006 PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL:
ALL AYES. CARRIED.
NEW BUSINESS Councilwoman Nelson reviewed Renton School District announcements and
School District: Activities activities, which included: the winner of the Nelson Middle School Geography
Bee(Ana Wright); the collection of more than 700 pounds of clothing,blankets
and necessities for Native Americans on the Pine Ridge Reservation in South
Dakota by Sartori Education Center students; and the collection of more than
15 boxes of school supplies for students in El Salvador by Kennydale
Elementary School students, staff, and parents.
EXECUTIVE SESSION MOVED BY NELSON, SECONDED BY LAW, COUNCIL RECESS INTO
AND ADJOURNMENT EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES TO
DISCUSS PROPERTY ACQUISITION WITH NO OFFICIAL ACTION TO
BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED
WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time:
7:47 p.m.
Executive session was conducted. There was no action taken. The executive
session and the Council meeting adjourned at 8:47 p.m.
Bonnie I.Walton, CMC,City Clerk
Recorder: Michele Neumann
January 23, 2006
RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR
Office of the City Clerk
COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING
January 23,2006
COMMITTEE/CHAIRMAN DATE/TIME AGENDA
COMMITTEE OF THE WHOLE MON., 1/30 No Meeting (5th Monday)
(Corman)
MON., 2/06 CANCELLED
COMMUNITY SERVICES MON., 2/06 Museum Management Agreement
(Nelson) 6:30 p.m.
FINANCE
(Persson)
PLANNING &DEVELOPMENT THURS., 2/02 Street Vacation Request for Portion of
(Briere) 3:00 p.m. Jericho Ave. SE (briefing only)
PUBLIC SAFETY MON., 2/06 Yakima Jail Update (briefing only);
(Law) 5:30 p.m. Nuisance Ordinance
TRANSPORTATION(AVIATION) THURS., 2/02 NE Sunset Blvd./Duvall Ave. NE
(Palmer) 2:00 p.m. Intersection Improvements Project
UTILITIES THURS., 2/02 Springbrook Creek Wetland &Habitat
(Clawson) 3:30 p.m. Mitigation Bank Agreements Concurrence
with WSDOT
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.
Uti�Y 'et
CITY OF RENTON
• � • Mayor
_■
� � Kathy Keolker
ProcZatvutk,iii
W herect.', Toastmasters International is a leading movement in making effective oral
communication a national and international reality for all persons; and
W herecw, the ability to speak in a clear and effective manner is a powerful and important skill
that can help overcome barriers to effective performance in virtually every endeavor and line of
work; and
Whereu.k, by assisting in the development of essential communication skills, Toastmasters
International performs a valuable service for their members and those who hear their message of
opportunity, initiative, and good fellowship; and
Whereat; boasting more than eight decades of outstanding achievement, Toastmasters
International has grown to over 10,000 clubs in 80 countries worldwide, with more than 6,000
members in the state of Washington;
Now, Therefore;fire; I, Kathy Keolker, Mayor of the City of Renton, do hereby proclaim the
week of January 30, 2006 through February 5, 2006, to be
TOtv4t(?,4kk)ee,k,
in the City of Renton and encourage all citizens to recognize the many accomplishments and
opportunities in communication and public speaking provided by this outstanding organization.
In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be
affixed this 23rd day of January 2006.
Kathy Ke ker
Mayor of the City of Renton, Washington
1055 South Grady Way-Renton,Washington 98055-(425)430-6500/FAX(425)430-6523 RENTON
AHEAD OF THE CURVE
ti`sY ADMINISTRATIVE, JUDICIAL, AND
+ �� ® , LEGAL SERVICES DEPARTMENT
' y MEMORANDUM
DATE: January 23, 2006
TO: Randy Corman, 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 Renton Community Center's annual Preschool Information Night is Wednesday,
February 1st. Over 16 local preschools, including Renton Community Center's
preschool, present information on their program's curriculum and cost. The event
attracts over 200 parents.
• Valley Community Players presents the comedy You Can't Take It With You from
February 3rd through February 19th at Carco Theatre. For more information and to
purchase tickets, call 425-226-5190.
• Over 400 family members, friends, and theater lovers attended Kattywampus, a
dramatic production performed by the Recreation Division's Special Populations
participants on Friday, January 20th and Saturday, January 21st at Carco Theatre.
The production was written and produced by Colleen Heuiser, Special Populations
Coordinator, and Vincent Orduna, Cultural Arts Coordinator.
PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT
• Washington State's Salmon Recovery Funding Board (SRFB) awarded$2.5 million
for six salmon habitat restoration projects within Water Resource Inventory Areas
(WRIA) 8 and 9, which include Renton. These projects are included in the recently
adopted WRIA 8 and 9 Salmon Habitat Plans, and will help restore fish habitat and
contribute to the recovery of threatened Chinook salmon. In WRIA 8, part of the
award will go towards the purchase of 14 parcels for fish habitat and flood storage at
the Belmondo Reach of the Cedar River, upstream of Renton.
c:\documents and settings\mneumann\local settings\temp\012306.doc
CITY OF RENTON COUNCIL AGENDA BILL
AI#: 5t
Submitting Data: For Agenda of: 01/23/2006
Dept/Div/Board.. AJLS/City Clerk
Staff Contact Bonnie Walton Agenda Status
Consent X
Subject: Public Hearing..
Bid opening on 11/15/2006 for CAG-05-165, Correspondence..
NE Sunset Blvd. (SR-900)/Duvall Ave.NE Ordinance
Intersection Improvements Resolution
Old Business
Exhibits: New Business
Staff Recommendation(Issue Paper) Study Sessions
Bid Tabulation Sheet(nine bids) Information
Recommended Action: Approvals:
Legal Dept
Refer to Transportation Committee Finance Dept
Other
Fiscal Impact:
Expenditure Required... $1,655,345.54 Transfer/Amendment .(Transp)
From Fund 317 (2005 year- $ 768,369 2005 Budget
end fund balance) $ 760,000 Proj Shortfall
Total Transfer/Amendment $1,528,369
Amount Budgeted $1,301,669.00 Revenue Generated $364,500 Fed HES Grant
Total Project Budget'05-'06 $2,061,669.00 City Share Total Project.. $1,697,169('05-'06)
SUMMARY OF ACTION:
On November 15, 2005, nine bids were opened and publicly read for the NE Sunset Blvd. (SR-
900)/Duvall Ave.NE Intersection Improvements project.
Engineer's Estimate: $963,121.30 Schedule A - Transportation funded improvements
74,256.00 Schedule B Water Main Improvements
313,218.88 Schedule C Wastewater Improvements
$1,350,596.18 Total Engineer's Estimate
In accordance with Council procedure, bids not meeting the three required criteria must be
referred to Committee for consideration. Criteria#1 has been met: There was more than one bid
submitted. Criteria#2 and#3 have not been met: The low bid was not within the project budget,
and there was an irregularity with the low bid. Additionally, staff requests a fund transfer of
$1,528,369 to reallocate funds and cover budget shortfall, including funds needed for
contingency, construction administration, inspection, material testing, and staff time.
STAFF RECOMMENDATION:
Award the contract to Sanders General Construction Company in the amount of$1,655,345.54
(including alternates A, B& C) for the NE Sunset Blvd. (SR 900)/Duvall Ave. NE Intersection
Improvements Project, and authorize the Mayor and City Clerk to sign the contract;
Also, authorize the transfer of$1,528,369 from Fund 317 (Transportation Capital Improvement
Fund)year-end 2005 fund balance to this project.
ti` Y O PLANNINGBUILDING/
�; , PUBLIC WORKS DEPARTMENT
,Nrco� MEMORANDUM
DATE: January 23, 2006
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: Kathy Keolker, Mayor
FROM: '0 Gregg •Zimmermarministrator
STAFF CONTACT: James Wilhoit, Transportation Design Project Manager(x7319)
SUBJECT: NE Sunset Boulevard (SR 900)/Duvall Avenue NE
Intersection Improvements Project, CAG 05-165
ISSUE:
1. Should the Council authorize the Mayor and City Clerk to award construction contract
CAG 05-165 in the amount of$1,655,345.54 to the second lowest bidder, Sanders General
Construction Company for the NE Sunset Boulevard (SR 900)/Duvall Avenue NE
Intersection Improvements Project?
2. Should $1,528,369 be transferred from ending fund balance to this project?
RECOMMENDATION:
Authorize the Mayor and City Clerk to award construction contract CAG 05-165 in the amount
of$1,655,345.54 to Sanders General Construction Company for the NE Sunset Boulevard
(SR 900)/Duvall Avenue NE Intersection Improvements Project and transfer$1,528,369 from
ending fund balance to this project.
BACKGROUND:
Although this contract is primarily for Transportation-funded improvements (including a federal
grant), it also includes water main and wastewater sewer improvements to be funded by the
Water and Wastewater Utilities respectively. The utility projects were included in the contract to
minimize disruption to the public by having the streets opened up only once rather than several
times consecutively. The engineer's estimate of$ 1,350,596.18 breaks down as follows:
Engineer's Estimate
Transportation-funded Improvements $ 963,121.30
Water Main Improvements 74,256.00
Wastewater Improvements 313,218.88
Total Engineer's Estimate: $ 1,350,596.18
Randy Corman,Council President
Members of the Renton City Council
Page 2 of 4
January 23,2006
The programmed budget for Transportation funded improvements in the 2006-2011
Transportation Improvement Program(TIP) has $801,669 remaining from $942,861. This was
the engineer's estimate at one time. The estimate was increased to $963,121 due to: 1) additional
channelization requirements mandated by the Washington State Department of Transportation
(WSDOT)1; 2) additional stormwater requirements that did not become evident until later in
the design process; 3) Transportation Operations' recommendation that most of the signal
equipment be replaced rather than re-used; and 4) inflation. The Transportation Division was
aware that the engineer's estimate for the construction contract for these improvements exceeded
the $801,669 project budget prior to advertisement, but proceeded with advertisement because
staff considered it unlikely that construction would begin before 2006 and staff knew there
would be 2005 year-end funds available to supplement funding of the construction.
The current and proposed budget for this project is summarized as follows:
Budget
Transportation-funded Improvements $ 801,669.00 Project# 317.012301
Water Main Improvements 100,000.00 Work order#55580
Wastewater Improvements 400,000.00 Work order#45400
Total Current Budget: $ 1,301,669.00
Shortfall (see page 3) 760,000.00
Total Proposed Project Budget '05-'06 $2,061,669.00
Sanders General Construction Company became the lowest bidder when Construct Company
LLC's (ConstructCo) bid was disqualified. ConstructCo did not provide the required bid bond
with its bid at the time of bid opening; Sanders bid was $1,655,345.00, which amounts to
$353,676 over the project's budget. Sanders' bid breaks down as follows:
Bids
Transportation-funded Improvements $ 1,261,551.56
Water Main Improvements 91,315.84
Wastewater Improvements 302,478.14
Total Bid: $ 1,655,345.54
The Sanders bid for Transportation-funded improvements exceeds the engineer's estimate by
$298,430.26, about 31%. Although many of the bid items were higher than estimated, the
difference is primarily due to several factors:
1. Major stormwater components of the bid, most notably corrugated polyethylene pipe and
the detention and wet vaults, exceeded the estimate by an almost 3 to 1 ratio, accounting
for a $173,000 difference.
1 WSDOT has the authority due to Federal funding and work on State right-of-way
is\issue papers\sunset duvall intersection award issue paper_2.doc
Randy Corman,Council President
Members of the Renton City Council
Page 3 of 4
January 23,2006
2. The bid for traffic control, a lump sum item, was triple the estimate, accounting for a
$79,000 difference.
3. The bid for the traffic signal system, a lump sum item, exceeded the estimate by about
39%, or$42,000.
Transportation is requesting additional funds to be transferred from the 2005 ending fund
balance to cover the additional construction costs and construction contingencies. Below is the
breakdown of construction budget and projected expenditures:
$ 1,261,552 Construction Contract (Transportation portion-Alternate A)
+126,155 10% Contingency
+173,962 Construction administration/inspection/material testing/staff time
$ 1,561,669 Total Construction Expenditures
$ -801,669 Total Existing Programmed Construction Budget from TIP
$760,000 Project Shortfall
Due to the delayed construction schedule,the remaining 2005 funds of$801,669 is now in the
ending fund balance.
$ 1,561,669 Total Construction Expenditures
-33,300 2006 Budget
$ 1,528,369 Total Transfer
-768,369 Carry forward from 2005 year-end project fund balance
760,000 Transfer from 2006 Fund 317 fund balance
To cover the construction costs, Transportation recommends the transfer of 2005 year-end funds.
It should be noted that a significant portion of this could come from the Monster Road Bridge
project, which was reimbursed $450,000 from its ending fund balance as a result of a case
settlement. The Fund 317 ending fund balance has not been finalized for 2005. When it is
finalized, $1,528,369 could be allocated to this project during the 2006 budget reallocation
process. The Transportation element of this project also has $364,500 in federal Hazard
Elimination Safety Program funds to add to the city share of $1,697,169 ('05-'06) for the whole
project.
There is little benefit in re-bidding the contract at a later date, as it would not likely result in
lower bids, but would further delay execution of a much needed construction project. There
would be no benefit in reducing the scope of the contract to lower costs, as almost everything in
the scope is essential and could not practically be done later as stand-alone work or incorporated
into the Duvall Avenue NE widening. Even though the intersection and Duvall Corridor will not
function at their optimum efficiency until both projects have been completed, there will still be a
definite improvement as a result of completion of the NE Sunset Boulevard (SR 900)/Duvall
Avenue NE Intersection Improvements Project by itself. Further delay would ultimately cost the
City more than any potential reduction in cost that may or may not be realized by re-bidding
later.
is\issue papers\sunset duvall intersection award issue paper_2.doc
Randy Corman,Council President
Members of the Renton City Council
Page 4 of 4
January 23,2006
For all the above reasons,the Transportation Division recommends that:
➢ The contract be awarded to Sanders General Construction, and,
➢ $1,528,369 be transferred from Fund 317 ending fund balance to this project to be
included in the 2006 budget reallocation process.
Fiscal Impact Detail:
Fiscal Impact: 317.012301.016.5950.0012.67.000000 and 317.012301.016.5950.0030.67.000000
(Transportation)
Expenditure Required: $1,561,669 Transfer/Amendment $ 1,528,369
Total Project Budget: $ 942,861 (TIP) Revenue Generated $ 364,500 (Federal
Total Project Budget: $ 801,669 remaining HES Grant)
Total 2006 Budget: $ 33,300 (2006) City Share Total Project $1,197,169
Fiscal Impact(Water): 421.000500.018.5960.0034.65.055580 55580/5354
Expenditure Required: $ 91,315.84 Transfer/Amendment $ -0-
Total Amount Budgeted: $ 100,000.00 Revenue Generated $ -0-
Total Project Budget: $ 100,000.00 City Share $ 91,315.84
Fiscal Impact: 421.000400.018.5960.0035.65.045000 45400/5354
(WasteWater)
Expenditure Required: $302,478.14 Transfer/Amendment $ -0-
Total Amount Budgeted: $400,000.00 Revenue Generated $ -0-
Total Project Budget: $400,000.00 City Share $302,478.14
Attachments: Bid Tab
cc: Peter Hahn,Interim Transportation Systems Director
Lys Hornsby,Utility Systems Director
Rich Perteet,Interim Transportation Design, Planning&Programming Supervisor
David Christensen,Utility Engineering Supervisor
Abdoul Gafour, Water Utility Supervisor
Sharon Griffin,Transportation Planning,Program Development Coordinator
James P. Wilhoit,Transportation Design Project Manager
Rob Lochmiller, Transportation Design Project Manager
John Hobson, Wastewater Utility Project Manager
Connie Brundage,Transportation Division Secretary
i:\issue papers\sunset duvall intersection award issue paper_2.doc
•
CITY OF RENTON
BID TABULATION SHEET Page 1 of 2
PROJECT: NE Sunset Blvd. (SR-900)/Duvall Ave. NE Intersection Improvements; CAG-05-165
DATE: 11/15/2005
FORMS
Cert.of Non- Min.
BIDDER Bid EEO Collu- Anti- Wage Sub- BID
Bond Addenda Report sion Trust Affidavit List
Active Construction, Inc. X X X X X X X Schedule A: $1,436,114.66
PO Box 191 Schedule B: $79,710.42
Gig Harbor,WA 98335 Schedule C: $386,751.90
David Ceccanti Total: $1,902,576.98
Construct Co. X X X X X X Schedule A: $1,190,065.83
1621 Pease Ave. Schedule B: $105,019.20
Sumner,WA 98390 Schedule C: $340,375.36
Cy Morse Total: $1,635,460.39
Dennis R. Craig Const., Inc. X X X X X X X Schedule A: $1,575,866.49
PO Box 595 Schedule B: $117,900.03
Redmond, WA 98073-0595 Schedule C: $491,137.24
Janie Craig Total: $2,184,903.76
R.L. Alia Company X X X X X X X Schedule A: $1,282,992.78
107 Williams Ave. S. Schedule B: $100,074.24
Renton, WA 98055 Schedule C: $316,918.08
Richard Alia Total: $1,699,985.10
R.W. Scott Const. Co. X X X X X X X Schedule A: $1,445,668.21
4005 West Valley Hwy., Suite A Schedule B: $106,471.68
Auburn,WA 98001 Schedule C: $292,413.60
Jeff Scott Total: $1,844,553.49
Road Const. Northwest, Inc. X X X X X X X Schedule A: $1,335,606.59
PO Box 188 Schedule B: $97,876.48
Renton,WA 98055-0188 Schedule C: $314,229.36
Peter J. Kenney Total: $1,747,712.43
Sanders General Construction X X X X X X X Schedule A: $1,261,551.56
5188 NW Sammamish Rd. Schedule B: $91,315.84
Issaquah,WA 98027 Schedule C: $302,478.14
Sandra L. Paris Total: $1,655,345.54
LEGEND:
Forms:Sub-List: Sub-contractor list;Non-Collusion: Non-Collusion&Debarment Affidavit;Antitrust: Certification re Assignment of Antitrust
CITY OF RENTON
BID TABULATION SHEET Page 2 of 2
PROJECT: NE Sunset Blvd. (SR-900)/Duvall Ave. NE Intersection Improvements; CAG-05-165
DATE: 11/15/2005
FORMS
Cert.of Non- Mui.
BIDDER Bid EEO Colin- Anti- Wage Sub- BID
Bond Addenda Report sion Trust Affidavit List
Westwater Construction Co. X X X X X X X Schedule A: $1,476,318.33
31833 Kent Black Diamond Rd. Schedule B: $132,670.72
Auburn, WA 98092 Schedule C: $445,133.44
Thomas 1. Caplis Total: $2,054,122.49
Gary Merlino Const. Co. X X X X X X X Schedule A: $1,470,900.94
9125 10th Ave. S. Schedule B: $80,484.80
Seattle,WA 98108 Schedule C: $262,120.96
Brian J. Kittleson Total: $1,813,506.70
$963,121.30*
Schedule A: $936, 30
Schedule B: $74,256.00
Schedule C: $313,218.88
ENGINEER'S ESTIMATE TOTAL: $1,350,596.18
LEGEND: *corrected
Forms:Sub-List: Sub-contractor list;Non-Collusion: Non-Collusion&Debarment Affidavit;Antitrust: Certification re Assignment of Antitrust
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2005 Contract List
Fourth Quarter Report
CONTRACT ADDENDUM/ CONTRACT APPROVAL
NUMBER EXTENSION NAME/TITLE AMOUNT PURPOSE DATE DIV
CAG-05-200 Square Root Solutions,Inc. 1,800.00 Website hosting($150 a month) 11/30/2005 FIN
Net Versant Washington, Installation of WiFi Antenna,radios,conduit and enclosures on
CAG-05-201 Inc. 24,941.31 West Hill Standpipe Reservoir 12/15/2005 IS
Concurrence Letter for I-405 Project-Wells and Parks Task
CAG-05-202 WA Transportation N/A Force(I-405 to Sr-169 Off-ramp&future widening of I-405) 12/13/2005 U
Agreement to enable City to receive grant to be used for habitat 12/16/2005 by
CAG-05-203 King Conservation District 9 N/A projects;total grant amount is$59,953.85 City U
Library catalog and circulation system upgrade(License
CAG-05-204 Dynix Corporation 43,267.00 Agreement and Maintenance/Support Agreement) 12/20/2005 PA
TAC-30 Training Sites-Agreement for use of Fire Training
CAG-05-205 King County Sheriffs Office 0.00 Center _ 12/15/2005 F
Renton Community Establish Sister Cities Fund as part of the Renton Community
CAG-05-206 Foundation 6,460.53 Foundation _ 12/20/2005 E
State of Washington Admin 12/20/2005 by
CAG-05-207 Office of Courts N/A Purchase/reimbursement for Court PC's City MC
CAG-05-208 Local 2170 AFSCME N/A 2006-2008 labor a: eement 12/22/2005 HR
CAG-05-209 Town of Beaux Arts Village N/A Jail bookings from other municipalities at a daily rate of$70 12/23/2005 POL
Sound Transit/City of
CAG-05-210 Tukwila N/A Joint HOV and Transit Action Plan Concurrence Letter 12/22/2005 T
47 Contracts
15 Addenda TOTAL 4,108,290.03
H:/City Clerk/Contract Log 2005.xls Page 4 I/5/2006
2005 Contract List
Fourth Quarter Report
CONTRACT ADDENDUM/ CONTRACT APPROVAL
NUMBER EXTENSION NAME/TITLE AMOUNT PURPOSE DATE DIV
Renton Police Officers'
CAG-05-181 Guild N/A 2006-2008 bargaining agreement 11/9/2005 POL
Renton Firefighters Local
CAG-05-182 864 N/A 2006-2008 bargaining agreement 11/9/2005 F
Cable TV Franchise Management&Renewal Consulting
CAG-05-183 Bradley&Guzetta,LLC 157,500.00 Services 11/1/2005 CC
Cut&patch asphalt cart path&install curbing at Maplewood
CAG-05-184 Northwest Asphalt,Inc. 20,312.96 Golf Course. 11/3/2005 PA
Duane Hartman& East Kennydale Record of Survey Monument Maintenance&
CAG-05-186 _Associates,Inc. — 22,999.02 Upgrade 11/28/2005 U
CAG-05-187 City Of Tukwila N/A Housing of inmates in the Renton City Jail 11/21/2005 POL
CAG-05-188 Gray&Osborne,Inc. 141,039.00 Renton Village Storm System Project 11/21/2005 U
CAG-05-189 Public Safety Testing,Inc. 7,000.00 Public Safety Testing for Entry Level Police Officers&Jailers 11/2/2005 HR
Renton Firefighters Local
CAG-05-190 864-Battalion Chiefs N/A Labor agreement for 2006-2008 11/28/2005 HR
CAG-05-191 Town of Yarrow Point N/A Jail bookings from other municipalities at a daily rate of$70 11/28/2005 POL
CAG-05-192 City of Seattle N/A Jail bookings from other municipalities at a daily rate of$70 , 11/28/2005 POL
CAG-05-193 _City of Bellevue N/A Jail bookings from other municipalities at a daily rate of$70 11/28/2005 POL
Roth Hill Engineering
CAG-05-195 Partners LLC 258,599.00 Central Plateau Interceptor Phase H-Design 11/23/2005 U
Renton Police Officers'
CAG-05-196 Guild/Non-Commissioned N/A 2006-2008 bargaining agreement 11/28/2005 HR
Lower Cedar River Left Bank/Elliot spawning channel plant
CAG-05-197 EarthCorps 18,152.41 maintenance 2005 _ 11/22/2005 U
negotiating and obtaining employee benefits and related
CAG-05-198 R.L.Evans Co,Inc. 35,000.00 services 12/1/2005 HR
PhinneyBischoff Design Develop a plan for consolidating City identities&develop a
CAG-05-199 House 30,000.00 new identity to be used for the community&City government 12/1/2005 E
HJCity Clerk/Contract Log 2005.xls Page 3 1/5/2006
2005 Contract List
Fourth Quarter Report
CONTRACT ADDENDUM/ CONTRACT APPROVAL
NUMBER EXTENSION NAME/TITLE AMOUNT PURPOSE DATE DIV
FEMA Emergency Management Performance Grant(EMPG)to
CAG-05-150 Adden#1-05 WA State Military Dept. N/A supplement the OEM Budget,Contract#E05-237($2,032) 11/21/2005 F _
WA Transportation For TIB grant reimbursement of$2,208,000 for Maple Valley
CAG-05-159 Improvement Board N/A Hwy(SR-169)Improvements Project 10/3/2005 T
CAG-05-162 City of Clyde Hill N/A Housing of inmates in the Renton City Jail 10/3/2005 POL
CAG-05-163 City of SeaTac N/A Housing of inmates in the Renton City Jail 10/5/2005 POL
CAG-05-166 City of Des Moines N/A Housing of inmates in the Renton City Jail 10/11/2005 POL
CAG-05-167 City of Normandy Park N/A Housing of inmates in the Renton City Jail 10/11/2005 POL
CAG-05-170 City of Kenmore N/A Housing of inmates in the Renton City Jail 10/11/2005 POL
Letter of Agreement for the Integrated Emergency
CAG-05-171 FEMA N/A Management Course(IEMC). May 1-5,2005 10/13/2005 E
CAG-05-172 WA Transportation N/A Letter of Concurrence for SR-167 Mainline Alignment 10/22/2005 T
Herrera Environmental Microbial Source Tracking Study at Gene Coulon Memorial
CAG-05-173 Consultants 30,939.00 Beach Park 10/28/2005 PA
Update the Long Range Parks,Recreation,Open Space and
CAG-05-174 MIG,Inc. 50,000.00 Trails Plan 10/28/2005 PA
CAG-05-175 WA Transportation N/A Letter of Concurrence for Renton Hill Access 10/28/2005 T
CAG-05-176 Berk&Associates 9,267.00 Analysis of Creating a Business Improvement Area 10/7/2005 ED
McClincy's Home Refinish Banquet Room dance floor at Maplewood Golf
CAG-05-177 Decorating 4,045.73 Course 11/2/2005 PA
CAG-05-178 Sun Lighting 42,500.00 Holiday Lighting 11/4/2005 PA
CAG-05-179 City of Covington N/A Housing of inmates in the Renton City Jail 11/7/2005 POL
CAG-05-180 Dochnahl Construction,Inc. 20,863.00 Remove&replace portion of City sidewalk at 301 S Wells 11/8/2005 T
H'/City Clerk/Contract Log 2005.xIs Page 2 1/5/2006
2005 Contract List
Fourth Quarter Report
CONTRACT ADDENDUM/ CONTRACT APPROVAL
NUMBER EXTENSION NAME/TITLE AMOUNT PURPOSE DATE DIV
Extending the WRIA 8 Interlocal Agreement for a period of
CAG-01-004 Adden#1-05 KC&Various Cities 11,303.00 one year ending on 12/31/2006. 11/16/2005 U
Extending the WRIA 9 Interlocal Agreement for a period of
CAG-01-005 Adden#2-05 KC&Various Cities 10,397.00 one year ending on 12/31/2006. 11/16/2005 U
Additional work for the Maple Valley Hwy(SR-169)
CAG-01-071 Adden#6-05 Perteet Engineering,Inc. 99,880.00 Improvements Project Phase 2 10/5/2005 T
Lake Washington Flush Station Rehabilitation Project: Extra
CAG-02-044 Adden#2-05 RH2 Engineering,Inc. 16,752.00 work for Misty Cove Lift Station 12/20/2005 U
Springbrook Creek FEMA Flood Plan Map Update-
CAG-03-016 Adden#2-05 R.W.Beck,Inc. 19,622.00,Additional Work 10/12/2005 U
Change Order#1 removes tasks from scope of work
CAG-03-078 Adden#1-05 FDM Software Ltd. N/A ($141,417.25) 11/30/2005 POL
$85,409 to reimbursed by King County-Redesign of
CAG-03-151 Adden#3-05 Berger/Abam Engineers Inc. N/A Stormwater Pond to be relocated on Oehrling property 10/24/2005 T
HDR Engineering,Inc(formerly Additional Consulting Services during Construction of
CAG-03-168 Adden#3-05 Economic&Engrg) 134,211.00 Maplewood Water Treatment Facility 10/22/2005 U
Grant Agreement to distribute 2005 grant funds&continue
CAG-04-103 Adden#1-05 KC Solid Waste Division N/A implementation of City's 2004-2005 WR/R tasks 12/6/2005 U
CAG-04-106 Adden#1-05 Berger/Abam Engineers Inc. 3,900.00 Redesign of Gene Coulon Memorial Beach Park Boat Launch 11/21/2005 PA
CAG-05-016 Adden#1-05 Berger/Abam Engineers Inc. 1,500.00 Inspect rebar and postings at the Riverview Park Bridge Project 11/21/2005 PA
CAG-05-032 Adden#1-05 1BI Group N/A Develop an ITS Plan-Extend completion date to 6/30/2006 12/20/2005 T
Amendment correcting budget line item on Exhibit III(Grant
CAG-05-111 Adden#1-05 King County CDGB Funds N/A amount$9,460) 11/1/2005 HS
SW 27th St/Strander Boulevard Connection Project Phase 1,
CAG-05-120 Gary Merlino Construction 2,426,530.72 Segment 1 10/26/2005 T
Time extension for the Hardie Av Transit-Multimodal
CAG-05-139 Adden#1-05 KPG,Inc. N/A Improvement Roadway Project 11/15/2005 T
Dennis R.Craig Benson Road South-Main Avenue to S 26th St. (Downtown
CAG-05-144 Construction,Inc. 459,508.35 Curb Ramps,Maplewood Sidewalks,Highlands Sidewalks) 10/14/2005 T
CAG-05-149 Bates Technical College N/A Firefighter Training Agreement for Recruits 10/26/2005 F
H:/Cny Clerk/Contract Log 2005.xls Page I 1/5/2006
CITY OF RENTON COUNCIL AGENDA BILL
( AI#: 15 . •
Submitting Data: For Agenda of: 1/23/2006
Dept/Div/Board.. AJLS/City Clerk
Staff Contact Bonnie Walton,x6502 Agenda Status
Consent X
Subject: Public Hearing..
City of Renton Contracts List Correspondence..
Fourth Quarter 2005 Ordinance
Resolution
Old Business
Exhibits: New Business
List of contracts and addenda signed from October 1, Study Sessions
2005 through December 31,2005 Information X
Recommended Action: Approvals:
Legal Dept
None; Information only Finance Dept
Other
Fiscal Impact: N/A
Expenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
The contract list shows all agreements executed between the City and outside parties and/or
agencies during the fourth quarter of 2005. There were 47 contracts and 15 addenda,totaling
$4,108,290.03.
•
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
TRANSPORTATION SYSTEMS DIVISION
2006 -2011 SIX-YEAR TIP
NE Sunset By/Duvall Av NE Functional Classification: Minor Arterial Fund: 317
Proj.Length: Proj: 12301
RANK: 47 CONTACT: James Wllhoit 425.430.7319
DESCRIPTION: STATUS:
The project will realign and rechannelize lanes approaching,through and exiting the intersection,add an Awarded an HES grant for$396,000 in 2002. Design cost increased by$56,000 due to
eastbound left-turn lane,modify the traffic signals,and extend a drop lane. The modification of the fully additional surveying and re-design requirements.
actuated traffic signal will include poles,signal and pedestrian displays,detection loops,emergency pre-
emption,and a new signal controller.
JUSTIFICATION: CHANGES:
The intersection experiences a high number of accidents including turning movements,rear ends,and Increase in construction cost estimate. Going to ad in August 2005. Ineligible costs reflects
side swipes. items outside the original scope of the grant such as extending lane lengths required by
WSDOT(on state route)and additional drainage improvements to the area. Funding
spent tracked through project spreadsheet,not Eden,due to project split-out. $20,000 of
2005 allocation moved to 2006.
[Funded: 1942,861 [Unfunded: l
Project Totals Programmed Pre-2006 _ Six-Year Program
ITEM Programmed Spent Pre-2005 2005 Total 2006 2007 2008 2009 2010 2011
EXPENSES:
Project Development -
Precon Eng/Admin 92,000 87,861 4,139
R-O-W(includes Admin) _ _
Construction Contract Fee 597,300 574,000 23,300 23,300
Construction Eng/Admin 64,561 56,561 8,000 8,000
Other(Ineligible costs) 189,000 23,000 164,000 2,000 2,000
TOTAL EXPENSES 942,861 110,861 798,700 33,300 33,300
SOURCE OF FUNDS:
Vehicle Fuel Tax
Business License Fee 92,800 59,500 33,300 ' 33,300
Proposed Fund Balance 404,561 12,661, 391,900 _
Grants In-Hand(HES) 396,000 29,70366,_300
Mitigation In-Hand 49,500 9,000 40,500
Bonds/L.I.D.'s Formed
Other In-Hand
Grants Proposed -
Mitigation Proposed
L.I.D.'s Proposed
Other Proposed
.
Undetermined
` TOTAL SOURCES 942,861 110,861 798,700� 33,300 ' 33,300
iwiseVOunil osmaom 022 AM
5-47 FINAL
CITY OF RENTON COUNCIL AGENDA BILL
AI#: .)
Submitting Data: Planning/Building/Public Works For Agenda of: January 23. 2006
Dept/Div/Board.. Development Services Division
Staff Contact Arneta Henninger X7298 Agenda Status
Consent X
Subject: Public Hearing..
THE RESERVE AT STONEHAVEN FINAL PLAT Correspondence.. Ordinance
File No.: LUA 05-130FP (Preliminary Plat LUA 04- Resolution X
003) Old Business
Exhibits: New Business
1. Resolution and legal description Study Sessions
2. Staff report and Recommendation January 12, 2006 Information
Recommended Action: Approvals:
Council concur Legal Dept X
Finance Dept
Other
Fiscal Impact: N/A
Expenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
The recommendation for approval of the referenced final plat is submitted for Council action.
This final plat subdivides 5.95 acres into 36 single family residential lots with water, 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 Board of Public Works 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 Reserve at Stonehaven Final Plat, LUA 05-130FP, 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.
I:\Templates\AGNBHPII.doc/
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT ('THE RESERVE AT STONEHAVEN; FILE
NO. LUA-05-130FP).
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 ORDAIN AS FOLLOWS:
SECTION L 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 5.95 acres, is located in the vicinity of
S. 47 St. and Main Avenue S.)
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 12, 2006.
PASSED BY THE CITY COUNCIL this day of , 2006.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2006.
Kathy Keolker, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1151:1/17/06:ma
2
. f
EXHIBIT 'A'
PARCEL A: LEGAL DESCRIPTION
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 1461384;ALSO
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 19990812001273.
PARCEL B:
THE NORTH 72 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 1461384.
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DEVELOPMENT SERVICES DIVISION
BUILDING/PLANNING/PUBLIC WORKS
CITY OF RENTON
STAFF REPORT AND RECOMMENDATIONS
APPLICANT: The Reserve at Stonehaven, LLC
The Reserve at Stonehaven Final Plat
(Preliminary Plat LUA 04-003PP)
File: LUA 05-130FP
LOCATION: S 47th St and Main Ave S
Section 32, Twp. 23 N.Rng. 5 E.
SUMMARY OF REQUEST: Final Plat for 36 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, The Reserve at Stonehaven, LLC, filed a request for approval of a 36 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 March 2, 2004, for the subject proposal.
4. The subject proposal was reviewed by all depailinents with an interest in the matter.
5. The subject site is located at S 47th St and Main Ave S. The new plat is located in Section 32, Twp.
23 N. Rng. 5 E.
6. The subject site is a 5.95 acre parcel.
7. The Preliminary Plat received City of Renton Council approval on July 19, 2004.
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 Plat was subject to a number of conditions as a result of both environmental review
and plat review. The applicant has complied with the conditions imposed by the ERC:
1. The erosion control measures per the Department of Ecology(DOE) manual shall be complied
with for the plat.
All erosion control measures were complied with during the utility construction phase. All
erosion control measures will be complied with during the construction of the residences.
2. During site preparation and construction of improvements and residences, the applicant shall
install silt fencing with brightly colored construction flags to indicate the boundaries of the
wetland area and buffer. The satisfaction of this requirement shall be subject to the review and
approval of the Development Services Division.
Silt fences and orange fencing are currently installed along the wetland buffer.
3. 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 along the entire edge of the
wetland buffer to denote the critical area. 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.
The split rail fence will be installed with approved signage prior to recording of the final
plat.
4. The storm drainage system shall be designed according to the 1990 King County Surface Water
Design Manual for the 100 year storm event, with a 30%safety factor.
The storm drainage system has been designed and built per the requirements above.
5. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 per new
single family lot. The fee shall be paid prior to the recording of the final plat.
All mitigation fees shall be paid immediately prior to recording of the final plat.
6. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new
average daily trip associated with the project. The fee shall be paid prior to the recording of the
final plat.
All mitigation fees shall be paid immediately prior to recording of the final plat.
7. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single
family lot. The fee shall be paid prior to the recording of the final plat.
All mitigation fees shall be paid immediately prior to recording of the final plat.
11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat:
1. The applicant shall indicate on the face of the final plat the orientation of the front yards of Lots
1,16, 17, 21 and 36 to face Road A and Lots 28 and 32 to face Road B. The satisfaction of this
requirement is subject to the review and approval of Development Services Division prior to the
recording of the final plat.
This condition was written to define the orientation of corner lots. Due to an approved
reconfiguration of the plat,only lots 1, 16, 17,21,22,25,26, and 36 are corner lots. A note
has been added to the final plat indicating the orientation of the front yards of lots to
comply with this condition. Lots 27, 28, and 32 are no longer corner lots and can only have
one orientation so no notes have been added to the final plat for these lots.
2
STONEHAVENFP.DOC/
•
I
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.
Two demolition permits (B05-0283 and B06-0002)were approved and finaled for the
buildings located on the property.
3. 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 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.
A draft copy of the homeowner's association was included with the final plat application
package.
4. The applicant shall obtain a Certificate of Water and Sewer Availability from Soos Creek
Water and Sewer District. The certificate shall be submitted to the City of Renton
Development Services Division prior to the issuance of a utility construction permit.
A Certificate of Water and Sewer Availability has been obtained from Soos Creek Water
and Sewer District. All necessary utility construction permits have been applied for,
inspected,and approved.
5. The applicant shall comply with the Conditions imposed by the ERC.
The applicant complied with the conditions imposed by ERC.
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 12TH DAY OF JANUARY,2006
1&'-i- -1 —lO
DEVELOPMENT SERVICES DIVISION
3
STONEHAVENFP.DOC/
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EXHIBIT 'A'
PARCEL A: LEGAL DESCRIPTION
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 1461384;ALSO
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 19990812001273.
PARCEL B:
THE NORTH 72 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 1461384.
CITY OF RENTON COUNCIL AGENDA BILL
AI#: SP; e
Submitting Data: For Agenda of:
Dept/Div/Board.. Economic Development, January 23,2006
Neighborhoods and Strategic
Planning
Staff Contact Rebecca Lind x6588 Agenda Status
Consent X
Subject: Public Hearing..
Errata Ordinance Re-Adopting the Definition of Net Correspondence..
Density and Clarifying Eligibility References in Chapter Ordinance
4-1-220 Resolution
Old Business
Exhibits: New Business
Issue Paper Study Sessions
Ordinance Information
Recommended Action: Approvals:
Council Concur Legal Dept....x
Finance Dept
Other
Fiscal Impact:
Expenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget City Share Total Project..
SUMMARY OF ACTION: The proposed ordinance corrects two errors in recently adopted ordinances.
1)Ordinance 5100 amended the Renton Municipal Code in 2004 to adopt a new net density definition as
part of the package of amendments needed to increase the quality of infill development in the City.
Ordinance 5137 subsequently adopted amendments inserting critical areas references into the definition,
but also inadvertently re-adopted the prior net density definition. The proposed ordinance re-instates the
intended definition.
2) The rezoning of the Southport site created a discrepancy in eligibility language for the property tax
exemption program. The"South Lake Washington"targeted area includes the Southport site.
Clarification of the eligibility language is needed to reference the current zoning and status of the
Southport project.
STAFF RECOMMENDATION: Adoption of the correction ordinance is recommended to restore
the correct net density definition and clarify the eligibility of properties in the"South Lake
Washington"area for inclusion in the property tax exemption program.
Authorize first and second reading on January 23, 2006.
Errata agenda bill density and property tax
tiCy ECONOMIC DEVELOPMENT,
` . NEIGHBORHOODS, AND STRATEGIC
PLANNING DEPARTMENT
MEMORANDUM
DATE: January 10, 2006
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: Kathy Keolker, MayoM& 4`t J , p
FROM: Alex Pietsch, Administratora
STAFF CONTACT: Rebecca Lind
SUBJECT: Errata Ordinance Re-adopting the Definition of Net Density and
Clarifying Eligibility References in Chapter 4-1-220 for
Projects for the Property Tax Exemption Program
Issue
Should the City Council adopt an errata ordinance 1)re-adopting the definition of"Net
Density," and 2) clarifying that the Southport site is included within the target area for the
multi-family Property Tax Exemption Program?
Recommendation
• Adopt the version of"net density" that was approved in 2004 as part of the
Growth Management Update of the Comprehensive Plan and development
regulations
• Amend the language of Title IV Chapter 4-1-220 to correct zoning name
references for the Southport site
• Forward the proposed emergency ordinance for first and second reading on
January 23, 2006.
Background
Two technical problems have come to light in the City's regulations. In both situations,
Council has previously provided clear direction. However, recent code amendments have
inadvertently negated Council's previous actions.
Issue 1
Ordinance 5100 amended the Renton Municipal Code in 2004 to adopt a new net density
definition as part of the package of amendments intended to increase the quality of infill
development in the City. The new definition requires exclusion of private road
easements serving 1 and 2 lots from the net developable area of a plat, thereby reducing
the achieved density on smaller infill parcels. The new definition requires all lots to meet
h:\ednsp\title iv\general\property tax exemption net density errata issue paper.doc
Randy Corman,Council President
Page 2 of 2
January 10,2006
the minimum size requirements exclusive of easements. Ordinance 5137 subsequently
adopted amendments inserting critical areas references into the definition, but also
inadvertently re-adopted the language allowing private easements serving 1 or 2 lots to
count in the net developable area. The proposed ordinance re-instates the intended
definition.
Issue 2
In 2003, Ordinance 5061 established a multi-family property tax exemption program in
targeted residential areas. Ordinance 5151, adopted in August 2005, amended the
program by designating the "South Lake Washington" targeted area. The Southport
project was specifically included within the boundary of the "South Lake Washington"
area. Ordinance 5061 and Ordinance 5151 both used zone names to reference project
eligibility for this program. At the time, the Southport project was zoned COR-3.
Subsequently, in December 2005, consistent with the city's desire to designate and
develop its Urban Center, the City Council re-zoned the Southport property to UCN-2
and included it within the Urban Center Comprehensive Plan designation. While the City
did not amend the boundary of the "South Lake Washington" target area, an error was
made in that the eligibility section of the property tax exemption program was not
updated with the correct zoning name reference for the Southport property. The proposed
ordinance corrects this inconsistency.
Conclusion
Adoption of the ordinance as an emergency is requested to eliminate the discrepancy
within the code and various city handouts as soon as possible, and reduce the amount of
time available for projects to vest under an incorrect definition that allows density credit
for land areas dedicated to private road easements.
Delay in the resolution of the eligibility language for the property tax exemption program
will hold up the permitting process for the next phase of Southport development, a 195-
unit multi-family project, applying for consideration under the property tax exemption
program. Adoption of an emergency ordinance is recommended to resolve this error.
h:\ednsp\title iv\general\property tax exemption net density errata issue paper.doc
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, ASHINGTON,
AMENDING SECTIONS 4-1-220.D OF CHAPTER 1, ADM NISTRATION
AND ENFORCEMENT, AND SECTION 4-11-040 OF HAPTER 11,
DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF
ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON, WASHINGTON" IN ORDER
TO CORRECT AN ERROR IN THE DESIGNATION OF PROPERTY
ELIGIBILITY FOR PROPERTY TAX EXEMPTION FOR MULTI-
FAMILY HOUSING, AND TO CORRECT AN ERROR IN THE
DEFINITION OF NET DENSITY, AND DECLARING AN EMERGENCY.
WHEREAS, the City conducted review of the entire Comprehensive Plan and
development regulations of Ordinance No. 4260, performed analysis of needed revisions based
on Growth Management Act compliance, and developed a work program to implement needed
updates of development regulations; and
WHEREAS, the Planning Commission has made certain findings and recommendations
to the City Council, including revising development regulations; and
WHEREAS, the City has provided opportunity for the public to comment on the review
and suggest needed revisions of regulations, and held a public hearing on October 11, 2004, on
this matter; and
WHEREAS, the City adopted an amended definition of "density, net" as part of this
work program in Ordinance 5100, on November 1, 2004, that eliminated a stipulation that legally
recorded private access easements serving under three (3) or more dwelling units were credited
in a net density calculation; and
WHEREAS, this definition was amended in order to implement Council policy
pertaining to density and quality of development in the City; and
1
ORDINANCE NO.
WHEREAS, the proposed revisions to the Critical Areas standards were reviewed and
adopted by separate public process and Ordinance 5137, adopted on April 25, 2005; and
WHEREAS, in a scrivener's error, the language in Ordinance 5137 inadvertently added
the language crediting legally recorded private access easements serving less than three (3) or
more dwelling units back into the "net density" definition; and
WHEREAS, the definition of"density, net" as set forth in Ordinance 5100, as amended
by the addition of critical areas references included in Ordinance 5137, is the correct definition,
and this definition implements the Comprehensive Plan and complies with the Growth
Management Act as amended; and
WHEREAS, on December 22, 2003, the Renton City Council adopted Ordinance No.
5061 (codified in RMC 4-1-220) to establish a property tax exemption program pursuant to
RCW 84.14, to provide limited 10 (10) year exemptions from ad valorem property taxation for
qualified new multi-family housing located in designated residential; and
WHEREAS, it is the intention of the City Council to subtract all legally recorded private
access easements from the gross area for purposes of calculating net development density as
reviewed as a part of the public hearing and deliberations on Ordinance 5100; and
WHEREAS, only one property, the Southport site, with Commercial Office Residential
3 (COR-3) zoning, was included within the"South Lake Washington" targeted area; and
WHEREAS, the Renton City Council subsequently adopted Ordinance No. 5183,
rezoning the Southport site from the Commercial Office Residential 3 (COR 3) to the Urban
Center North District 2 (UCN-2); and
2
ORDINANCE NO.
WHEREAS, the boundary of the "South Lake Washington" target area was not changed,
nor was the purpose and applicability of the property tax exemption program altered by the
zoning status of the property within the "South Lake Washington" target area; and
WHEREAS, to meet the Council's designation of the Southport site as eligible for the
property tax exemption, the language of RMC 4-1-220.D, Project Eligibility, requires revision to
clarify that the Southport site is included within the"South Lake Washington"target area;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION I. Section 4-1-220.D of Chapter 1, Administration and Enforcement,
of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
D. PROJECT ELIGIBILITY:
To qualify for exemption from property taxation under this Section, the project must
satisfy all of the following requirements:
1. Location: The property must be located in one of the designated"residential
targeted areas" listed below in subsection(D)(1)(a), (D)(1)(b) or(D)(1)(c) of this Section. If a
part of any legal lot is within a residential targeted area, then the entire lot shall be deemed to lie
within the residential targeted area.
a. Highlands: Within the Center Village Comprehensive Plan designation
and in one of the following: the Center Village (CV) Zone, the Residential Multi-Family(RM-F)
Zone, or the Residential 10 Dwelling Units/Acre (R-10) Zone; or
b. Downtown: In the Center Downtown (CD) zone, Residential Multi-Family
Urban Center (RM-U) zone, or Residential Multi-Family Traditional (RM-T) zone; or
3
ORDINANCE NO.
c. South Lake Washington: In the Urban Center North District 1 (UC-N1)
zone or properties within the Urban Center North District 2 (UC-N2) zone that were designated
as eligible for exemption by Council Ordinance 5151 and developed with a residential multi-
family project vested to the requirements of the Commercial Office Residential 3 (COR 3) zone.
2. Size and Structure:
a. If the project is located in the Residential Multi-Family Urban Center
(RM-U) zone or Residential Multi-Family Traditional (RM-T) zone or within the Center Village
Comprehensive Plan designation and in either the Residential Multi-Family(RM-F)zone or the
Residential 10 dwelling units/acre (R-10) zone, the project must (i) consist of a minimum total of
ten (10) new dwelling units of multi-family housing, and (ii)be located within a new residential
structure(s) or a new mixed-use development as allowed by the RMC for the specific zone. At
least fifty(50)percent of the space within the project shall be intended for permanent residential
occupancy.
b. If the project is located in the Center Downtown (CD) zone, Urban Center
North District 1 (UC-N1) zone, or in the Urban Center North District 2 (UC-N2) zone and the
project proposed is vested to Commercial Office Residential (COR-3) zone requirements, or is
within the Center Village Comprehensive Plan designation and in the Center Village (CV) zone,
the project must (i) consist of a minimum total of thirty(30) new dwelling units of multi-family
housing and (ii) be located in a new mixed-use development, unless otherwise waived by the
Administrator. If the Administrator waives the mixed-use development requirement,the multi-
family housing must be located in a new residential structure(s). At least fifty(50)percent of the
space within the project shall be intended for permanent residential occupancy.
4
ORDINANCE NO.
3. Special Design Regulations for Projects Located in the Center Village
Comprehensive Plan Designation or within the Urban Center North District 2 (UC-N2) and
vested to the requirements of the Commercial Office Residential 3 (COR Zone):
a. If the project is located in the Center Village (CV) Zone or Residential
Multi-Family(RM-F) Zone within the Center Village Comprehensive Plan designation, or within
the Urban Center North District 2 (UC-N2) and vested in the Commercial Office Residential 3
(COR 3)Zone, the project must also comply with the design standards and guidelines in RMC 4-
3-100 for District 'C', even though the project is not located in the Urban Center North
Comprehensive Plan designation, unless otherwise waived by the Administrator.
b. If the project is located in the Residential 10 Dwelling Units/Acre (R-10)
Zone within the Center Village Comprehensive Plan designation, the project must also comply
with the design standards and guidelines in RMC 4-3-100 for District 'B', even though the
project is not located in the Residential Multi-Family Traditional (RM-T) zone, unless otherwise
waived by the Administrator. If the project is located in the Center Village Residential Bonus
District described in RMC 4-3-095, the project must also comply with the provisions therein.
4. Exception for Existing Residential Structure: In the case of an existing occupied
residential structure that is proposed for demolition and redevelopment as new multi-family
housing, the project must provide as a minimum number of dwelling units in the new multi-
family housing project, the greater of:
a. Replace the existing number of dwelling units and, unless the existing
residential rental structure was vacant for twelve (12) months or more prior to demolition,
provide for a minimum of four(4) additional dwelling units in the new multi-family housing
project; or
5
,
ORDINANCE NO.
b. Provide the number of dwelling units otherwise required in subsection
(D)(2)of this section.
5. Completion Deadline: The project must be completed within three(3) years from
the date of approval of the contract by the City Council as provided in RMC 4-1-220.F.2 or by
any extended deadline granted by the Administrator as provided in RMC 4-1-220.I.
SECTION II. The definition of "Density, Net" of Section 4-11-040 of Chapter
11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
DENSITY, NET: A calculation of the number of housing units and/or lots that would be
allowed on a property after critical areas, i.e., very high landslide hazard areas, protected slopes,
wetlands, Class 1 to 4 streams and lakes, or floodways, and public rights-of-way and legally
recorded private access easements are subtracted from the gross area (gross acres minus streets
and critical areas multiplied by allowable housing units per acre). Required critical area buffers,
streams that have been daylighted including restored riparian and aquatic areas, and public and
private alleys shall not be subtracted from gross acre for the purpose of net density calculations.
SECTION III. There is hereby declared an emergency and this ordinance shall be
effective upon its passage, approval, and five days after publication.
PASSED BY THE CITY COUNCIL this day of , 2006.
Bonnie I. Walton, City Clerk
6
I
ORDINANCE NO.
APPROVED BY THE MAYOR this day of , 2006.
Kathy Keolker, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1243:1/18/06:ma
7
CITY OF RENTON COUNCIL AGENDA BILL
� AI#: 3 • �.
Submitting Data: For Agenda of:
Dept/Div/Board.. Economic Development, January 23, 2006
Neighborhoods, and Strategic
Planning
Staff Contact Don Erickson, x-6581 Agenda Status
Consent X
Subject: Public Hearing..
PROPOSED ANNEXATION Correspondence..
Aster Park— 10% Notice of Intent Petition Ordinance
Resolution
Old Business
Exhibits: New Business
Study Sessions
Issue Paper, Information
10%Notice of Intent Petition
Recommended Action: Approvals:
Council concur to set a Public Meeting date for Legal Dept X
February 13, 2006 Finance Dept
Other
Fiscal Impact:
Expenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget N/A City Share Total Project..
SUMMARY OF ACTION:
The petitioners submitted a 10%Notice of Intent petition to the City Clerk on December 23,
2005, and the signatures on it have been certified by the King County Department of
Assessments. The proposed 16.58-acre sleigh-shaped annexation site is located in Renton's
Potential Annexation Area, along the south side of Sunset Boulevard NE west of 148th Avenue
SE. The site includes the 6.0-acre 32-space, Fir Grove Mobile Home Park. The proposed
annexation would add to an existing peninsula of City land on the north side of SR 900 near its
intersection with 148th Avenue SE. If Council decides to accept it, the City would likely invoke
the Boundary Review Board's jurisdiction and ask it to include the parcels along the north side of
Sunset Boulevard NE, in order to avoid creating an island.
State law requires the Council to hold a public meeting with the proponents to consider their
request,within 60-days of their submittal. If Council accepts the 10%Notice of Intention
petition, the Administration recommends that it authorize circulation of a 60%Direct Petition.
STAFF RECOMMENDATION:
Set February 13, 2006, for a public meeting to consider the 10%Notice of Intention to Commence
Annexation Proceedings petition and possible future zoning for the proposed Aster Park Annexation.
EDNSP/PAA/Annexations/Aster Park Annexation/agnbill/de
��Y p CITY OF RENTON
�, ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND
�u STRATEGIC PLANNING
� p� MEMORANDUM
DATE: January 9, 2006
TO: Randy Corman, Council President
City Councilmembers
VIA: ), Mayor Kathy Keolker
FROM: >cf^ Alex Pietsch, Administrator Ayt/e
Economic Development, Neighborhoods and Strategic Planning
Department
STAFF CONTACT: Don Erickson (6581)
SUBJECT: Proposed Aster Park Annexation - 10% Notice of Intent Petition
ISSUE:
The City is in receipt of a 10% Notice of Intent petition to annex approximately 16.58-acres by
the direct petition method. State law requires that the Council hold a public meeting with the
annexation proponents within 60-days of receipt of a 10% Notice of Intent petition, to decide
whether to accept, reject, or geographically modify the proposal, whether to require the
assumption of bonded indebtedness, and whether to require the simultaneous adoption of city
zoning, consistent with the Comprehensive Plan, if the proposed annexation is successful.
RECOMMENDATION:
On the basis of the following analysis, the Administration recommends that Council accept the
10% Notice of Intent petition. If Council concurs, the Administration recommends that it take
the following actions (pursuant to RCW 35A.14.120):
• Authorize the circulation of a 60% Direct Petition to Annex for the 16.58-acre area; and,
• Require that property owners within the proposed annexation area assume their
proportional share of the City's outstanding indebtedness ($.07861 per $1,000 of assessed
value) and accept zoning consistent with the City's Comprehensive Plan land use
designation.
BACKGROUND SUMMARY:
Proposed Aster Park Annexation 10% Notice of Intent
January 13, 2006
Page 2
The sleigh-shaped proposed Astor Park Annexation site is generally located south of SR 900
(Sunset Blvd. NE) and immediately west of 148th Avenue S and the Urban Growth Area
boundary.
1. Location: The proposed 16.58-acre, sleigh-shaped, Aster Park Annexation is bordered by
the north side of SR 900 on the north, the Urban Growth Boundary(the west side of 148th
Avenue SE) on its east, 144th Avenue, if extended, on the west, and SE 112th Street, if
extended, on the south.
2. Assessed value: The 2006 assessed valuation for the subject annexation site, at current
development, is $1,977,500.
3. Natural features: The site slopes upward from SR 900 (NE Sunset Blvd) to the south.
Honey Creek traverses property to the west and the Urban Growth Boundary defines the
site to the east. As a result, the property to the east is zoned rural and should maintain a
rural rather than urban character.
4. Existing land uses: Existing development includes a mobile home park with 32 spaces, a
new subdivision, Aster Park, with an estimated 37 new lots, and three existing single-
family detached dwellings. The estimated existing population is 49 people.
5. Existing zoning: King County zoning is R-4 and R-48. The mobile home park is
currently zoned R-48 in King County and the four parcels to the east are zoned R-4. The
County's R-48 zoning, apparently developed to reflect the densities of the mobile home
park, would allow up to 72 units per gross acre. The County's R-4 zoning allows a base
density of four units per gross acre, and up to 6 units per gross acre with incentives and
transfer of density credits. This zoning is comparable to Renton's R-8 zone.
6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject annexation
site as Residential Low Density(RLD). This designation would allow R-4 zoning at a
maximum density of four units per net acre.
7. Public services: All responding departments and divisions noted that the annexation
represents a logical extension of their respective services and systems. Specific
comments follow.
Water Utility. The subject site is located within Water District#90's water service area,
by agreement under the East King County Coordinated Water System Plan. A certificate
of water availability from the District will be required prior to the issuance of
development permits within the subject area, following annexation to the City. Hydrant
flow test and hydraulic analysis of the District's system should also be required for new
development within the annexation area. The District must provide adequate water
supply and pressure for new development within the City and must meet Renton's
standards for fire protection and domestic water service.
Sewers. Sewer currently serves a portion of the area. The City issued sewer certificates
for 37 dwelling units to Norris Homes Aster Park development, which is currently
developing under King County development standards. Sewer also exists in those
portions of the City primarily to the north and west. The annexation site is located within
Proposed Aster Park Annexation 10% Notice of Intent
January 13, 2006
Page 3
the Renton Sewer Service Area and future sewers would be extended by developer
extension, as the annexation area develops.
Parks. According to Community Services, the City currently has a shortfall of both
neighborhood and community parks in this area. The nearest public park is May Valley
County Park, immediately to the east, on the rural side of the Urban Growth Area
boundary. This park is unimproved and heavily treed. The nearest improved City park is
Kiwanis Park, about nine-tenths of a mile to the southwest. The projected prorated cost
of developing parks for future development within the annexation site, to a level
consistent with the service levels in the City's Comprehensive Park, Recreation, and
Open Space Plan, is an estimated$36,660. This one time estimated cost is above the
estimated $31,846 the City would receive from collecting its Parks Mitigation Fee,based
upon the development of 70 new homes.
Fire. Fire District No. 10 currently serves the area. Upon annexation, the City would
take over fire prevention and suppression services for the 16.58-acre annexation site from
District No. 10.
Police. With an estimated future population of approximately 161 people for this
annexation, the Police Department anticipates at least 161 additional calls for service per
year. Staff notes that there will eventually be a need for additional officers because of the
cumulative service impacts of this and other recent annexations.
Surface Water. The proposed annexation is located in the Greenes Creek sub-basin of the
May Creek basin and Greenes Creek flows north through the eastern half of it. This
Class 4 stream is subject to erosion now and conditions may worsen with increased
runoff. As a result, staff is recommending that future development fully mitigate runoff
impacts with detention facilities designed per the 2005 King County Surface Water
Design Manual, Level 3 flow control standards, and that developers investigate the
feasibility of infiltration. Surface water costs are expected to exceed Water Utility
revenues by about$5,000 for this annexation.
Transportation. Staff notes that there are street deficiencies along both NE Sunset Blvd
(SR 900) and 148th Avenue SE. 148th Avenue SE, however, is outside the Urban Growth
Area boundary and considered to be rural. They also note that dedication of right-of-way
has occurred along 148th Avenue SE along the east side of the annexation site.
Apparently, King County and WSDOT have plans for street improvements at the Sunset
Blvd/148th Avenue SE intersection(including roadway widening to three lanes along
Sunset Blvd. as it approaches the intersection), traffic islands, and a traffic signal. Any
additional upgrading of these streets, according to Traffic, would be at the expense of
existing property owners and new development. WSDOT will continue to be responsible
for the maintenance of SR 900.
ANALYSIS OF THE PROPOSED ANNEXATION:
1. Consistency with the Comprehensive Plan:
Proposed Aster Park Annexation 10% Notice of Intent
January 13, 2006
Page 4
Renton's Comprehensive Plan annexation policies generally support this proposed
annexation. The subject site is within the City's Potential Annexation Area and has been
subject to development pressure under the King County Comprehensive Plan, zoning,
and subdivision regulations (Policies LU-36 and LU-37). The area would also be
available for urbanization under Renton's Residential Low Density land use designation.
Renton is the logical provider of most urban infrastructure and services to the area
(Policy LU-38).
2. Consistency with the Boundary Review Board Objectives:
(from RCW 36.93.180)
a. Preservation of natural neighborhoods and communities;
The proposed annexation would cause no disruption to the larger community. Also,
it is anticipated that additional annexations will occur in this area in the future.
b. Use of physical boundaries, including but not limited to bodies of water, highways,
and land contours;
The subject site is bounded by a highway(SR 900) on the north and the Urban
Growth Boundary along 148t Avenue SE. The City will likely request that the
Boundary Review Board expand the boundaries of this annexation to include, what
could otherwise become an unincorporated island, across from the annexation along
the north side of SR 900.
c. Creation and preservation of logical service areas;
Water and sewer service boundaries will not change as a result of this annexation.
Neither will school district boundaries. Renton will take over fire and police service
for the 16.58-acres upon annexation. Fire District No. 10 and the King County
Sheriff's Department currently serve the area. And, pursuant to state law, there will
be no change in the garbage service provider for at least seven years.
d. Prevention of abnormally irregular boundaries;
The new boundary resulting from this annexation would only be slightly more
regular than the existing City boundary. A peninsula of unincorporated King County
would remain to the north and west unless this, or the Querin Annexation, is
expanded to when these annexations come before the BRB in the future. Such
inclusion would result in a regular boundary north of 112th Street, if extended, east to
the UGB.
e. Discouragement of multiple incorporations of small cities and encouragement of
incorporations of cities in excess of ten thousand population in heavily populated
urban areas;
Not applicable. No incorporations are proposed in this area.
f Dissolution of inactive special purpose districts;
Not applicable. There are no inactive special purpose districts here.
Proposed Aster Park Annexation 10% Notice of Intent
January 13, 2006
Page 5
g. Adjustment of impractical boundaries;
This annexation is not being proposed to adjust what are considered impractical
boundaries. The Boundary Review Board may wish to expand this boundary if the
City decides to invoke its jurisdiction during their mandatory 45-day review period
and make such a request.
h. Incorporation as cities or towns or annexation to cities or towns of unincorporated
areas which are urban in character;
King County has designated this area for urban development because of its location
within the Urban Growth Boundary. The County has also indicated that it wants to
divest itself from providing urban services to these unincorporated urban areas by
turning them over to cities as quickly as possible. Because the subject annexation
site is within Renton's PAA and not in an area under consideration for incorporation,
annexation is appropriate at this time.
i. Protection of agricultural and rural lands which are designated for long term
productive agricultural and resource use by a comprehensive plan adopted by the
county legislative authority.
Not applicable. No portions of the proposed annexation area are rural or designated
for long term productive agricultural use in the King County or Renton
Comprehensive Plans.
3. A fiscal analysis for the proposed annexation is attached. This analysis indicates that the
proposed annexation would initially cost the City approximately$8,723 a year at current
development levels. However, at full development with an estimated 70 single-family
detached units, other than the one-time cost of$36,660 for parks acquisition and
development, the City would take in approximately$19,200 more than it would spend
bringing the area up to citywide service levels. The major reason for this is that the
estimated 70 new single-family dwellings will be priced and assessed much higher than
what exists there now with the cost for service per capita remaining the same.
CONCLUSION:
The proposed Aster Park Annexation is essentially consistent with relevant County and City
annexation policies, as well as most Boundary Review Board objectives for annexation.
Reviewing staff have identified no major impediments to the provision of City services to the
area. If the Council accepts this 10%Notice of Intent petition and the proponents are successful
in obtaining signatures representing 60%of the area's assessed value, the City may want to
invoke the Boundary Review Board's jurisdiction in order to enlarge the annexation and prevent
the creation of an unincorporated island on the north side of SR 900.
Attachments
ASTER PARK ANNEXATION FISCAL ANALYSIS SHEET
Units Population AV
Existing dev. 35 49 $1,977,500
Full dev. 70 161 $31,500,000
Assumptions: 2.3 persons/household
$56,000 AV/existing unit
...................
$500,000 AV/new SF home
Revenues' Total revenues
Existing Full Rate Existing ::iipH•i$16229:5().
Regular levy $6,209 $98,910 3.14 Full $167
Excess levy $155 $2,476 0.07861
State shared revenues
Rate (per cap) Existing Full
Liquor tax $3.93 $192.57 $632.73
Liquor Board profits $7.41 $363.09 $1,193.01
Gas tax-unrestricted $23.69 $1,160.81 $3,814.09
MVET $0.00 $0.00 $0.00
Camper excise $0.75 $36.75 $120.75
Criminal justice $0.22 $10.78 $35.42
Total $1,764.00 $5,796.00
Miscellaneous revenues
Rate Existing Full
Real estate excise* $48.57 $2,379.93 $7,819.77
Utility tax** $133.20 $4,662.00 $9,324.00
Surface Water Utility $199.80 $3,530.00
Fines &forfeits* $17.53 $858.97 $2,822.33
Total $8,100.70 $23,496.10
* Per capita
** Per housing unit-based on $2,220 annual utility billing @ 6%tax rate
.. . ..............
... . .. .........
Total ongoing costs
...................
Per capita Existing Full Existing
Contracted Services Full ::::::::;:$111:478;54
Alcohol $0.19 $9.31 $30.59
Public Defender $4.68 $229.32 $753.48
Jail $8.56 $419.44 $1,378.16
Subtotal $658.07 $2,162.23
Court/legal/admin. $66.92 $3,279.08 $10,774.12
Parks maintenance* $14.90 $730.10 $2,398.90
Police $276.89 $13,567.61 $44,579.29
Surface Water 0& M $3,808.00 $8,539.00
Road maintenance** N/A $438.00 $3,650
Fire*** $1.25 $2,471.88 $39,375.00
Total $24,952.74 $111,478.54
*See Sheet Parks FIA
**See Sheet Roads FIA
*** Rate per$1,000 of assessed valuation (FD#25 contract) Net fiscal impact
Existing
. ...............
Full $aB99r78
::orloirog.owii Parks acquisition &development(from Sheet Parks FIA):
Other one-time costs: $35,383.00
....................
Total one-time costs: ' '$36 659 60_
Revised 8-29 per Finance Memo
King County
Department of Assessments Scott Noble
King County Administration Bldg. Assessor
500 Fourth Avenue,Room 708
Seattle,WA 98104-2384
(206)296-5195 FAX(206)296-0595
Email:assessor.lnogmetrokc.gov
www.metrokc.gov/assessor/
ANNEXATION PETITION CERTIFICATION
THIS IS TO CERTIFY that the petition submitted January 5, 2006 to
the King County Department of Assessments by Don Erickson,
Senior Planner for the City of Renton, supporting the annexation to
Renton of the properties described as the Aster Park Annexation, has
been examined, the property taxpayers, tax parcel numbers, and
assessed value of properties listed thereon carefully compared with
the King County tax roll records, and as a result of such examination,
found to be sufficient under the provisions of the New Section of
Revised Code of Washington, Section 35.13.002.
The Department of Assessments has not verified that the signature
on the petition is valid through comparison with any record of actual
signatures, nor that the signature was obtained or submitted in an
appropriate time frame, and this document does not certify such to
be the case.
Dated this 11th day of January, 2006
Scott Noble, King ounty Assessor
I ..®1202M
CITY OF RENTON
DEC 232005
NOTICE OF INTENTION TO COMMENCE RECEIVED
ANNEXATION PROCEEDINGS CITY CLERK'S OFFICE
UNDER RCW 35A.14.120 a:ar -a -
(Direct Petition Method)
(10%PETITION—ASTOR PARKANNEXATIOIV)
TO: THE CITY COUNCIL OF SUBMITTED BY:` pmea1Lo,
THE CITY OF RENTON ADDRESS: ( 1025 I'qc AVE 5C
City Hall, do City Clerk 12fri ivt.) ltvl gs03
1055 South Grady Way PHONE: 7th 2 3y 9b?-3
Renton, WA 98055
The undersigned are qualified electors resident in the proposed annexation area who
represent not less than ten percent (10%) of the votes cast in the last general election and
who desire to annex to the City of Renton.
We hereby advise the City Council of the City of Renton that it is our desire to commence
annexation proceedings under the provisions of RCW 35A.14.020, of all or any part of the area
described below.
The territory proposed to be annexed is within King County, Washington, and is contiguous to
the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of
this petition.
The City Council is requested to set a date not later than sixty days after the filing of this request
for a public meeting with the undersigned.
1. At such meeting, the City Council will decide whether the City will accept, reject or
geographically modify the proposed annexation;
2. The City Council will decide whether to require simultaneous adoption of a
proposed zoning regulation;
3. The City Council will decide whether to require the assumption of a proportional
share of existing city indebtedness by the area to be annexed; and
4. The City Council will decide whether to adopt a resolution
This page is the first of a group of pages containing identical text material. It is intended by the
signers that such multiple pages of the Notice of Intention be presented and considered as one
Notice of Intention. It may be filed with other pages containing additional signatures which
cumulatively may be considered as a single Notice of Intention.
Peck Annexation Petition Page 1 of 2
•
Astor Park Annexation
WARNING: Every person who signs this petition with any other than his or her true name, or who
knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement, shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
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H:IDIVISION.SIP&TS PLANNINGWNNEXI10%Notice of Intent(rev's).doclDE
12/12/05
Exhibit 1:
Proposed Annexation Lots
Exhibit 2:
Legal Description of Proposed Annexation Lots
Exhibit 3:
Aster Park Covenant Agreement—signed 2004. I have contacted John Norris
several times over the last two weeks and spoken with him about the Aster Park
Annexation Petition. He has been informed of his legal requirement to sign the
petition(per section 1 and 3 of the covenant) but has yet to sign the petition. John
Norris had asked several questions of Don Erickson which I delivered to John
Norris via fax.
Exhibit 4:
King County Assessors Land Value Assessment for 2005—July 31St new
Assessment will be released for 36 lots in Aster Park. Average home price of
$500K. Over 60% are currently sold.
Exhibit 1
Astor Park Annexation — 10% Petition
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Legal Description -Account Number: 0323059251
LOT 3 KCSP 877123 REC AF#7809060875 SD PLAT DAF S 330
FT OF E 660 FT OF SE 1/4 OF SE 1/4 LESS C/M RGTS LESS CO
RD
bffr.•//rnr,tr.nr.o4 ner`r i.«.4e...*..4..«..../r7 ri A /__�___ _I. nr ...—
Exhibit 3
II)aot C .
( ' I' '' '' ( ' Jjf
til IJ Ii, i 111
i1 i,11 I ''1`City of Rentonf..f � id A
0 LOSS South Grady Wa} C OP RENTONspy ,
Renton. WA 98055 eef ees 24.ee
i o
KING COUNTY, WA
DECLARATION OF COVENANT AND Property Tax Parcel Number: I
ANNEXATION AGREEMENT 0z.0,S"90z6 103 Z.3oS-9LS7
NEW DEVELOPMENT Street Intersection or Protect Name
Graator(s): Grantee(s):
I. NDrgiS NemEs, .f,"e, i4 wnsN. C4'Ir„6417'0`. I. City of Renton.a Municipal Corporation
The Agreement executed herein between the C'it\ of Renton. Washington_a municipal corporation.hereinafter referred to as
"CITY""and the Grantor(si.as named above and/or successors in interest of certain property. hereinafter referred to as
'OWNER". is for and in consideration of the furnishing of utility sen ice M the CITY to certain property of the OWNER
hereinafter referred to as-PROPERTY-. The OWNER does herehpetition for annexation of the PROPERTY to the CITY.
does hereby agree to the conditions of annexation herein.and does hereb' declare this covenant.
I ACKNOWLEDGEMENTS AND REPRESENTATIONS
The Grantor does herebacknowledge and agree as follows.
I.1. The OWNER is the owner of certain PROPERTY.which is located outside the corporate limits of the
CITY J
1.2. The OWNER is seeking Preliminan Plat approval from king County tier the PROPERTY 1
I
1.3. The OWNER has requested the CITY to furnish sewer sen ice to the PROPERTI
1.4. This Agreement to extend sewer service outside the corporate limits of the CITY is authorized by RCN I
35.67.310 and RC% 5.92.170 and shall not be construed as a%oluntan agreement pursuant to RCW 82.02.020
and therefore the provisions of RCW 82.02.020 shall not be applied hereto.
1.5. This Agreement does not preclude am evaluation and determination M the CITY that later development
actions or proposals undertaken h. the OWNER ma' require a determination of significance and environmental
review under SEPA.
1.6. Per Renton Municipal Code Section 4-6-040.the owner of propert% in Renton's Potential Annexation
Area shall execute a commitment to future annexation and compliance w ith certain other conditions as a
prerequisite for the extension of or connection to the Cin's sanitan sewer s%stem outside of the Cit) Limits.
II.7 A CITY'S requirement of an annexation agreement or a commitment to future annexation as a condition
I of extending utility seryice outside the corporate limits of the CI TN is recognized hn Washington law.
1.8. The PROPERTY is located within the CITY'' POTENTIAL ANNEXATION AREA or URBAN
SERVICE AREA for annexation purposes as adopted h' the CIT) in its C omprehensn e Plan pursuant w the king
Count Countywide Planning Policies.
a001 00--1--
•
DECLARATION OF COVENANT AND Property Tax Parcel Number:
ANNEXATION AGREEMENT 03z3oS--9dz6 >' O5z30s-9ZS1
NEW DEVELOPMENT Street Intersection or Project Name: 4s Pix 1l
1.9. It is the interest of the citi:ens at the CIT) in insure that all public improvements that are or could be
constructed within the corporate limits of the CIT) or will he ultimately annexed into the(7T) are constructed in
accordance with(7T) construction standards
I.In. The OWNER'S request for the extension of utility sery ice:was duh considered by the CITY.and it was
determined that the furnishing of sewer service to the PROPERTY would be proper upon the fulfilling of all
conditions herein.
1.1 I. The OWNER does hereby acknowledge that in the evem of%iolation or breech of the terms of this
PETITON.AGREEMENT AND COVENANT.or upon the invalidation of this PETITON. AGREEMENT AND
COVENANT by judicial action.operation of law or otherwise_the CITY reserves the right at its sole discretion to
3.
immediately terminate the provision of utility service to the PROPERTY-and in such case the OWNER agrees to
indemnity. and hold the CITY harmless from any and all claims of any pam.
PROPERTY DESCRIPTION
The PROPERTY is hereby described as follows:
The PROPERTY is legally described in Attachment A.attached hereto and incorporated M reference as if set forth
in full. The OWNER warrants that Attachment A is correct as fulldescribing subject PROPERTY
PETITION AND COVENANT FOR ANNEXATION
The OWNER_ in consideration of the CITY'S agreement to provide utility service to the PROPERTY.does hereby
petition.agree and covenant as follows:
1
I The OWNER does hereby agree.promise and covenant that if at anv time the PROPERTY is tnchjded
within any area which is being considered for annexation to the CITY.said OWNER does join in said annexation.
3.2 The OWNER agrees to execute all necessary documents such as letters.notices.petitions or other
instruments initiating. furthering or accomplishing the annexation of the PROPERTY to the CITY.whether or not
the annexation involves the assumption by the area to be annexed of existing CITY indebtedness.the application to
the area to be annexed of the CITY Comprehensive Plan and land use controls.and such other conditions as the
CITY may lawfully impose. The OWNER.for him herthemselves and for hivherntheir heirs. successors and
assigns_agrees and covenants with the CITY.and to the present and future owners of the PROPERTY to which
this covenant relates.that such agreement is to constitute a covenant running with the land.that he,she/they shall.
whenever so requested.execute such letters_notices.petitions or other instruments. OWNER understands that the
CITY will record this document and the OWNER agrees to specifically advise future interests in the property
covnt annex new devel 2004‘0508/04 Page 2 FORM 03(K)OSJhh,
DECLARATION OF COVENANT AND Property Tax Parcel Number:
ANNEXATION AGREEMENT O3Z3oS"90 v'0343os-9ZS/
NEW DEVELOPMENT Street Intersection or Project Name:
3.3 The OWNER recognizes that the laws of the State of'Washington relating to the annexation of property
M a city provides that property ma' be annexed to a city if property owners sign a petition for such an annexation.
The OWNER recognized and agrees that by signing this Agreement.the PROPERTY of the OWNER will
automatically he included as a property to be annexed in the event PROPERTY is within a proposed annexation
area. The Oil"1 ER further recognises that there are other methods of annexation allowed under the laws nt the
State of N ashingtoa. including the election method
3.4 The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the
OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is
willingly waiving such rights in consideration of receiving the described utility services.
3.5 The undersigned OWNER of the PROPERTY.on behalf of himself/herself/themselves.histheritheir
heirs.successors and assigns.hereby designate(s)the CITY as OWNER'S true and lawful attomey-in-fact for the
purpose of signing any petition leading to the annexation of said PROPERTY to the CITY. with full power to do
and perform any proper act which the OWNER may do with respect to the annexation of said real property. The
CITY may exercise this power through its C'its Clerk or otherwise as the CITY COUNCIL may direct This
Special Power of Attorney is given for the valuable consideration of the furnishing of sewer service by the CITY_
and this Special Power of Attorney is further given as security for performance of the annexation covenant
obligation set forth herein. This Special Power of Attorney is not revocable and shall not he affected by the
disability of the principal.
4. AGREEMENT AND COVENENT OF CONDITIONS AND MITIGATION MEASURES
The OWNER acknowledges that the CITY has a desire to have certain minimum development standards met for
new developments in the CITY's Potential Annexation Area. The OWNER.in consideration of the CITY-s
agreement to provide sanitary sewer utility service to the PROPERTY and in recognition of the CITY's conditions
for annexation of the PROPERTY.does hereby agree and covenant to provide their development plans to the
CITY for their information. Except as may he waived by the CITY's Public Works Administrator or his/her
designee. the minimum design standards that will be required are:
4.I The OWNER shall provide record drawings of all of the constructed Public Work-s facilities for the
CITY's records.
covnt annex new devel 20(14-Revised M.IR 6-144106/01104 Page
FORM 03 1008/bh
DECLARATION OF COVENANT AND
ANNEXATION AGREEMENT
Property Tax Parcel Number:
t^J3LjOS``JOZ(o ¢ b3z3oS'yti
NEW DEVELOPMENT Street Intersection or Project Name: 67.re pock_
GENERAL PROVISIONS /TJ�c�--
5.
The OWNER and the CITY do hereby acknowledge and agree to the following provisions which apply to the
entire Agreement herein.
5.1 The OWNER agrees that all future land use and development on the PROPERTY-will meet all land use
and development standards of the CITY. In the event of a conflict between CITY standards and any applicable
County standards.the more restrictive standards as determined by the CITY shall apply
5.' No modifications of this Agreement shall be made unless mutually agreed upon M the parties in writing. I
5.: Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY
I with regard to annexation.construction of utilities and appurtenances.or any other matter. fhe OWNER and the
CITY hereby acknowledged that it is the OWNER's responsibility to finance the design and construction of utility
facilities needed to serve OWNER's property consistent with the CITY plans and specifications.unless otherwise
agreed by the CITY.
5.4 The terms and provisions of this PETITION. AGREEMENT AND COVENANT shall insure to the
benefit and become binding upon the heirs.assigns and/or successors in interest of the parties hereto. The
OWNER agrees to indemnify and hold the CITY harmless from any claims any subsequent purchaser may have as
a result of this Agreement. including CITY'S attorney fees and costs.
5.5 Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given
in writing and sent by registered or certified mail.return receipt requested.to the address of the parties set forth
below. Any notice shall cle deemed to have been given on the date it is deposited in the I .S. Postal Service mail
with postage prepaid.
5.6 If for any reason of any default or breach on the part of either the OWNER or the CITY in the
performance of any of the provision of this Agreement a legal action is instituted. the pan' not prevailing agrees to
pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of
any legal action brought under the terms of this Agreement shall be king County. Washington. This Agreement
shall be governed by the applicable laws.rules.and regulations of the State of Washington and the CITY.
5.- In the cvcni that am term.provision.wndition.clause or other portion of this Agreement be held to he
inoperative. invalid. void or in conflict with applicable provision.condition.clause or other portion of this
Agreement.and the remainder of this Agreement shall he effective as if such term.provision.condition or other
portion had not been contained herein.and to this end.the terms of this Agreement are declared by the parties to be
severable.
5.8 Upon execution. the CITY will record these covenants with the kine County Recorder's Office_
i
1
covnt annex new devel 2O(i4445/28/04 Paee 4 FORM o;tiQKlk/bh•
•
I DECLARATION OF COVENANT AND T
I Property Tax Parcel Number:
ANNEXATION AGREEMENT
t
03/ 0S-91,2(' 403 Z3°5-9 ZS/
NEW DEVELOPMENT Street Intersection or Project Name:
/95Tt1C 'Act_
IN WITNESS WHEREOF. I have hereunto set mhand and seal the da and ear as"ritten beloo. I
ylimzi 446
t raptor Signature(sl INDIVIDUAL FORM OF 4CKNOWLEDGMENT I
I Notan Seal must he tGthin box
TATE OF w""4SHINGTO\ i SS
CC/UNITY OF KING
I emit') that I knoo or halve satisfacton exidence that
signed this instrument and
acknowledged it to he his/her/their free and coluntarn act for the uses and purposes
mentioned in the instrument.
i
Notary Public in and for the State of Washington
Notary(Print)
My appointment expires:
Dated:
DECLARATION OF COVENANT ANDI Property Tax Parcel Number:
ANNEXATION AGREEMENT 1 03305- 07,6 403�3O5'9Z51
Project File= I Streetlnters.ection or Project Name:
IN WITN SS WHEREOF. I have hereunto set my hand and seal the day and year as written below. ASC
tiit
41.-141 (4411.
l
CORPORATE FORM OF.4CA'NOWLEDGMENT
I Notar Seal must be v+ithin box STATE OF WASHINGTO\ i ss
I COUNTY 4F KINGL . ,
I %\\%%MIDI f On this day of 2(1 04 . before me
_ _0°1)1 S:14personalh appeared4V1
Z.- �.```+4' rhq, ///�be �nr � �`�t 1 w v�lJ� to me known to
I 'ty `UV I of the corporation that
�Q� j executed the��uhm instrument.and ackno��ledge the said instrument to he the free
i
1 40
.. 9nd voluntan act and deed of said corporation" for the uses and purposes therein
J srtentroned.and each on oath stated that he.-she'gas authorized to execute said
y• A01L\4 et s nstrument and that the seal affixed is the corporate seal of said corporation
4 *104 ' =
4111 ,ASN Notary Public in and for the State of Washington
Notary (Print) A11 Cia Wo,yre t
I My appoi tment expires: Ii -10 -GI
I Dated: IuRI if, nog.
covnt annex nem devel 20044u5n8/m Page
FORM u?u1N 8NT
ATTACHMENT 'A'
ASTER PARK LEGAL DESCRIPTION
That portion of the Southeast Quarter of the Southeast Quarter of Section 3. Township 23
North. Range 5 East. Willamette Meridian. in King County. Washington. described as
follows:
Beginning at the Southeast corner of said section 3:
Thence North along the East line thereof 330 feet to the TRUE POINT OF BEGINNING of
the tract herein described:
Thence.West parallel to Said South line of Section 3 a distance 660 feet:
Thence North to the Southerly margin of State Highway No. 2 "Sunset Highway":
Thence Northeasterly along said highway to the East line of Section 3:
Thence South along the East line to the TRUE POINT OF BEGINNING:
Except the East 30 feet thereof in 1486 Ave. SE.
Together with:
Lot 3 as delineated on King County Short Plat number 877123. recorded under recording
number 7809060875. in King County. Washington. said short plat being a portion of the
South 330 feet of the East f 60 feet of the Southeast Quarter of the Southeast Quarter of
Section 3. Township 23 North. Range 5 East. Willamette Meridian. in King County.
Washington.
Exhibit 4
Parcel 032305-9251 ASTER PARK
Parcel Data
Parcel 032305-9251 Present Use Vacant(Single-family)
Name ASTER PARK Zoning R4
Site Address 11025 148TH AV SE 98059 Jurisdiction KING COUNTY
Area Code 032-004 Property Type Code R
Block Lot
Legal Description LOT 3 KCSP 877123 REC AF# 7809060875 SD PLAT DAF S 330 FT OF E 660 FT OF SE 1/4 OF SE 1/4 LESS C/M
RGTS LESS CO RD
Land Data
Land SqFt 142,441 Use Exemption
Acres 3.27 Environmental No
Water WATER DISTRICT Topography No
Sewer/Septic (none) Traffic No
Views
Rainier No Sound No
Olympics No Lk Wash No
Cascades No Lk Samm No
Territorial No Lk/Riv/Crk No
Seattle No Other No
Waterfront
Location No Footage 0
Bank No Access Rights No
Tide/Shore No Prox.Influence No
Restricted No Poor Quality No
Building/Improvement
Page 1 of 3
•
Parcel 032305-9251 ASTER PARK
Tax Roll History
Appraised Taxable
Tax Yr Omit TaxValue Land Val Imp Val Total Land Val Imp Val Total
Yr Reason
2006 0 240,000 14,000 254,000 240,000 14,000 254,000
2005 0 232,000 14,000 246,000 232,000 14,000 246,000
2004 0 75,000 10,000 85,000 75,000 10,000 85,000
2003 0 75,000 10,000 85,000 75,000 10,000 85,000
2002 0 75,000 10,000 85,000 75,000 10,000 85,000
2001 0 75,000 10,000 85,000 75,000 10,000 85,000
2000 0 75,000 10,000 85,000 75,000 10,000 85,000
1999 0 40,000 10,600 50,600 40,000 10,600 50,600
1998 0 40,000 10,600 50,600
1997 0 40,000 10,600 50,600
1996 0 40,000 10,600 50,600
Sales History
E Number Sale Date Sale Price Instrument Sale Reason
1988896 9/17/2003 305,000 Statutory Warranty Deed None
Review History
Tax Yr Review# Review Type Appeal Val Hearing Dt Settlement Val Hearing Result Status
Permit History
Number Type Value Issue Date Jurisdiction Review Dt
Home Improvement Exemption
Exempt No Bldg No Date Rec Date Comp Beg Yr Est Cost
Page 2 of 3
Parcel 032305-9251 ASTER PARK
Internet Resources
Summary Report for your area:
http://www.metrokc.gov/Assessor/AreaReports/2005/Residentia1/032.pdf
Visit Property Tax Information System to access your tax bill:
http://www.metrokc.gov/finance/treasury/kctaxinfo/
Visit Records Office's web site to view Excise Tax Affidavits:
http://l46.129.54.93:8193/localizationknenu.asp
Visit GIS Parcel Viewer for the map of the parcel:
httpi/www5.metrokc.gov/parcelviewer?PIN�323059251
Glossary of Terms
http://www.metrokc.gov/Assessor/eRealProperty/GlossaryTerms.html
Page 3 of 3
Parcel 032305-9026 ASTER PARK
Parcel Data
Parcel 032305-9026 Present Use Vacant(Single-family)
Name ASTER PARK Zoning R4
Site Address Jurisdiction KING COUNTY
Area Code 032-004 Property Type Code R
Block Lot
Legal Description BEG 330 FT N OF SE COR OF SEC TH W 660 FT TH N TO STATE RD#2 TH NELY ALG HWY TO SEC LN TH S TO BEG
LESS CO RD LESS C/M RGTS
Land Data
Land SqFt 253,260 Use Exemption
Acres 5.81 Environmental No
Water WATER DISTRICT Topography No
Sewer/Septic (none) Traffic No
Views
Rainier No Sound No
Olympics No Lk Wash No
Cascades No Lk Samm No
Territorial No Lk/Riv/Crk No
Seattle No Other No
Waterfront
Location No Footage 0
Bank No Access Rights No
Tide/Shore No Prox.Influence No
Restricted No Poor Quality No
Building/Improvement
Page 1 of 3
•
Parcel 032305-9026 ASTER PARK
Tax Roll History
Appraised Taxable
Tax Yr Omit TaxValue Land Val Imp Val Total Land Val Imp Val Total
Yr Reason
2006 0 344,000 0 344,000 344,000 0 344,000
2005 0 333,000 0 333,000 333,000 0 333,000
2004 0 205,000 0 205,000 205,000 0 205,000
2003 0 196,000 0 196,000 196,000 0 196,000
2002 0 185,000 0 185,000 185,000 0 185,000
2001 0 166,000 0 166,000 166,000 0 166,000
2000 0 160,000 0 160,000 160,000 0 160,000
1999 0 144,000 0 144,000 144,000 0 144,000
1998 0 120,000 0 120,000
1997 0 120,000 0 120,000
1996 0 120,000 0 120,000
Sales History
E Number Sale Date Sale Price Instrument Sale Reason
1988895 9/8/2003 262,921 Statutory Warranty Deed None
Review History
Tax Yr Review# Review Type Appeal Val Hearing Dt Settlement Val Hearing Result Status
Permit History
Number Type Value Issue Date Jurisdiction Review Dt
Home Improvement Exemption
Exempt No Bldg No Date Rec Date Comp Beg Yr Est Cost
Page 2 of 3
Parcel 032305-9026 ASTER PARK
Internet Resources
Summary Report for your area:
http://www.metrokc.gov/Assessor/AreaReports/2005/Residentiaj032.pdf
Visit Property Tax Information System to access your tax bill:
http://www.metrokc.gov/financeRreasury/kctaxinfo/
Visit Records Office's web site to view Excise Tax Affidavits:
http://146.129.54.93:8I93/localization/menu.asp
Visit GIS Parcel Viewer for the map of the parcel:
httpi/www5.metrokc.gov/parcelviewer?PINq)323059026
Glossary of Terms
http://www.metrokc.gov/Assessor/eRealProperry/GlossaryTerms.html
Page 3 of 3
Parcel 032305-9250 BEZMAN ALEKSANDR+RENATA
Parcel Data
Parcel 032305-9250 Present Use Single Family(Res Use/Zone)
Name BEZMAN ALEKSANDR+RENATA Zoning R4
Site Address 11045 148TH AV SE 98059 Jurisdiction KING COUNTY
Area Code 032-004 Property Type Code R
Block Lot
Legal Description LOT 1 KC SP 877123 REC AF #7809060875 SD PLAT DAF S 330 FT OF E 660 FT OF SE 1/4 OF SE 1/4 LESS C/M
RGTS LESS CO RD
Land Data
Land SqFt 30,000 Use Exemption
Acres 0.69 Environmental No
Water WATER DISTRICT Topography No
Sewer/Septic PRIVATE Traffic No
Views
Rainier No Sound No
Olympics No Lk Wash No
Cascades No Lk Samm No
Territorial No Lk/Riv/Crk No
Seattle No Other No
Waterfront
Location No Footage 0
Bask No Access Rights No
Tide/Shore No Prox.Influence No
Restricted No Poor Quality No
Building/Improvement
Building Nbr I of I Living Units 1
Yr Built/Reuov 1962 Bedrooms 2
Grade 6 Low Average Total Baths 1
Condition Good Basement 0
AGLA 1,450 Finished Bsmt 0
Accessory Imps Y Covered Parking 0
Page 1 of 3
Parcel 032305-9250 BEZMAN ALEKSANDR+RENATA
Tax Roll History
Appraised Taxable
Tax Omit TaxValue Land Val Imp Val Total Land Val Imp Val Total
Yr Yr Reason
2006 0 129,000 125,000 254,000 129,000 125,000 254,000
2005 0 125,000 117,000 242,000 125,000 117,000 242,000
2004 0 82,000 115,000 197,000 82,000 115,000 197,000
2003 0 79,000 110,000 189,000 79,000 110,000 189,000
2002 0 75,000 90,000 165,000 75,000 90,000 165,000
2001 0 67,000 84,000 151,000 67,000 84,000 151,000
2000 0 65,000 60,000 125,000 65,000 60,000 125,000
1999 0 65,000 48,000 113,000 65,000 48,000 113,000
1998 0 60,000 45,000 105,000
1997 0 60,000 41,800 101,800
1996 0 60,000 41,800 101,800
Sales History
E Number Sale Date Sale Price Instrument Sale Reason
2100601 2/2/2005 238,500 Statutory Warranty Deed None
2027340 1/16/2004 Quit Claim Deed Divorce Settlement
Review History
Tax Yr Review# Review Type Appeal Val Hearing Dt Settlement Val Hearing Result Status
Permit History
Number Type Value Issue Date Jurisdiction Review Dt
Home Improvement Exemption
Exempt No Bldg No Date Rec Date Comp Beg Yr Est Cost
Page 2 of 3
Parcel 032305-9250 BEZMAN ALEKSANDR+RENATA
Internet Resources
Summary Report for your area:
httpl/www.metrokc.gov/Assessor/AreaReports/2005/Residential/032.pdf
Visit Property Tax Information System to access your tax bill:
http://www.metrokc.gov/financeitreasuryffcctaxinfo/
Visit Records Office's web site to view Excise Tax Affidavits:
http://146.129.54.93:8193/localization/menu.asp
Visit GIS Parcel Viewer for the map of the parcel:
http://www5.metrokc.gov/parcelviewer?PIN=323059250
Glossary of Terms
http://www.metrokc.gov/Assessor/eRealProperty/GlossaryTerms.html
Page 3 of 3
Parcel 032305-9028 HENDRICKSON LORAN B
Parcel Data
Parcel 032305-9028 Present Use Mobile Home Park
Name HENDRICKSON LORAN B Zoning R48
Site Address 14441 SUNSET BL NE 98059 Jurisdiction KING COUNTY
Geo Area 75-60 Property Type Code C
Block Lot
Legal Description W 1/2 OF SE 1/4 OF SE 1/4 LY SLY OF SUNSET HWY LESS CIM RGTS
Land Data
Land SqFt 261,360 Use Exemption
Acres 6.00 Environmental No
Water. WATER DISTRICT Topography No
Sewer/Septic PUBLIC Traffic No
Views
Rainier No Sound No
Olympics No Lk Wash No
Cascades No Lk Samm No
Territorial No Lk/Riv/Crk No
Seattle No Other No
Waterfront
Location No Footage 0
Bank No Access Rights No
Tide/Shore No Prox.Influence No
Restricted No Poor Quality No
Building / Improvement
;rose Sq Ft 2,360 Net Sq FT 2,360
Building Nbr 1)UTILITY BLDG Gross Sq Ft 540
Year Built 1959 Net Sq Ft 540
Effective Yr 1959 Construction MASONRY
Page 1 of 3
Parcel 032305-9028 HENDRICKSON LORAN B
Building / Improvement
Building Nbr 2)SINGLE FAMILY RES Gross Sq Ft 1,274
Year Built 1936 Net Sq Ft 1,274
Effective Yr 1936 Construction WOOD FRAME
Building Nbr 3)SINGLE FAMILY RES Gross Sq Ft 546
Year Built 1942 Net Sq Ft 546
Effective Yr 1942 Construction WOOD FRAME
Tax Roll History
Appraised Taxable
Tax Yr Omit TaxValue Land Val Imp Val Total Land Val Imp Val Total
Yr Reason
2006 0 720,000 167,500 887,500 720,000 167,500 887,500
2005 0 720,000 156,100 876,100 720,000 156,100 876,100
2004 0 653,400 195,500 848,900 653,400 195,500 848,900
2003 0 653,400 174,400 827,800 653,400 174,400 827,800
2002 0 653,400 174,400 827,800 653,400 174,400 827,800
2001 0 653,400 170,500 823,900 653,400 170,500 823,900
2000 0 392,000 120,000 512,000 392,000 120,000 512,000
1999 0 392,000 120,000 512,000 392,000 120,000 512,000
1998 0 392,000 120,000 512,000
1997 0 392,000 120,000 512,000
1996 0 392,000 120,000 512,000
Sales History
E Number Sale Date Sale Price Instrument Sale Reason
1677812 3/30/1999 Quit Claim Deed Other
Review History
Tax Yr Review# Review Type Appeal Val Hearing Dt Settlement Val Hearing Result Status
Permit History
Number Type Value Issue Date Jurisdiction Review Dt
Page 2 of 3
Parcel 032305-9028 HENDRICKSON LORAN B
Home Improvement Exemption
Exempt No Bldg No Date Rec Date Comp Beg Yr Est Cost
Internet Resources
Summary Report for your area:
http://www.metrokc.gov/assessor/AreaReports/2005/AreaReportSums.htm#CommSpec
Visit Property Tax Information System to access your tax bill:
http://www.merokc.govilinance/treasury/lcctaxinfo/
Visit Records Office's web site to view Excise Tax Affidavits:
http://146.129.54.93:8193/localization/menu.asp
Visit GIS Parcel Viewer for the map of the parcel:
http•J/www5.metrokc.gov/parcelviewer?PIN�323059028
Glossary of Terms
http://www.metrokc.gov/AssessodeRealProperty/GlossaryTerms.html
ms.html
Page 3 of 3
Parcel 032305-9020 HANCOCK JONAH-KAI
Parcel Data
Parcel 032305-9020 Present Use Single Family(Res Use/Zone)
Name HANCOCK JONAH-KAI Zoning R4
Site Address 11025 148TH AV SE 98059 Jurisdiction KING COUNTY
Area Code 032-004 Property Type Code R
Block Lot
Legal Description LOT 2 KCSP 877123 REC AF #7809060875 SD PLAT DAF S 330 FT OF E 660 FT OF SE 1/4 OF SE 1/4 LESS C/M
RGTS LESS CO RD
Land Data
Land SqFt 35,400 Use Exemption
Acres 0.81 Environmental No
Water WATER DISTRICT Topography No
Sewer/Septic PRIVATE Traffic No
Views
Rainier No Sound No
Olympics No Lk Wash No
Cascades No Lk Samm No
Territorial No Lk/Riv/Crk No
Seattle No Other No
Waterfront
Location No Footage 0
Bank No Access Rights No
Tide/Shore No Prox.Influence No
Restricted No Poor Quality No
Building/Improvement
Building Nbr 1 of 1 Living Units 1
Yr Bailt/Renov 1920 Bedrooms 3
Grade 6 Low Average Total Baths i
Condition Very Good Basement 0
AGLA 1,446 Finished Bsmt 0
Accessory Imps N Covered Parking 0
Page 1 of 3
Parcel 032305-9020 HANCOCK JONAH-KAI
Tax Roll History
Appraised Taxable
Tax Omit TaxValue Land Val Imp Val Total Land Val Imp Val Total
Yr Yr Reason
2006 0 129,000 109,000 238,000 129,000 109,000 238,000
2005 0 125,000 102,000 227,000 125,000 102,000 227,000
2004 0 86,000 96,000 182,000 86,000 96,000 182,000
2003 0 82,000 93,000 175,000 82,000 93,000 175,000
2002 0 78,000 79,000 157,000 78,000 79,000 157,000
2001 0 70,000 73,000 143,000 70,000 73,000 143,000
2000 0 68,000 59,000 127,000 68,000 59,000 127,000
1999 0 70,000 47,000 117,000 70,000 47,000 117,000
1998 0 65,000 44,000 109,000
1997 0
65,000 40,300 105,300
1996 0
65,000 40,300 105,300
Sales History
E Number Sale Date Sale Price Instrument Sale Reason
2073946 9/24/2004 266,000 Statutory Warranty Deed None
1957149 5/1/2003 61,537 Quit Claim Deed Other
Review History
Tax Yr Review# Review Type Appeal Val Hearing Dt Settlement Val Hearing Result Status
Permit History
Number Type Value Issue Date Jurisdiction Review Dt
Home Improvement Exemption
Exempt No Bldg No Date Rec Date Comp Beg Yr Est Cost
Page 2 of 3
Parcel 032305-9020 HANCOCK JONAH-KAI
Internet Resources
Summary Report for your area:
httpi/www.metrokc.gov/Assessor/AreaReports/2005/Residential/032.pdf
Visit Property Tax Information System to access your tax bill:
httpJ/www.metrokc.gov/finance/ireaswy/kctaxinfo/
Visit Records Office's web site to view Excise Tax Affidavits:
http://146.129.54.93:8193/localization/menu.asp
Visit GIS Parcel Viewer for the map of the parcel:
httpi/www5.metrokc.gov/parcelviewer?PINO323059020
Glossary of Terms
http://www.metrokc.gov/Assessor/eRealProperty/GlossaryTerms.html
•
Page 3 of 3
CITY OF RENTON COUNCIL AGENDA BILL
AI#: +✓ •
Submitting Data: For Agenda of: January 23, 2006
Dept/Div/Board.. EDNSP/Strategic Planning
Staff Contact Don Erickson(x-6581) Agenda Status
Consent X
Subject: Public Hearing.. X
Preserve Our Plateau Annexation-Public Hearing to Correspondence..
consider 10%Notice of Intent Petition to Commence Ordinance
Annexation by Election Resolution
Old Business
Exhibits: New Business
Study Sessions
10%Notice of Intent Petition Information
Certificate of Sufficiency
Recommended Action: Approvals:
Council concur Legal Dept X
Finance Dept
Other
Fiscal Impact:
Expenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget N/A City Share Total Project..
SUMMARY OF ACTION:
On November 15, 2005, the City received a 10%Notice of Intent petition for approximately
1,475 acres referred to as the Preserve Our Plateau Annexation. The subject site is shown on the
attached petition as Exhibit 1 and described in Exhibit 2, attached thereto.
Under state law the City is required to pass a resolution within 60 days notifying the petitioners of
its approval or rejection either by mail or by publishing in a notice once a week for at least two
weeks in one or more newspapers of general circulation in the city and area to be annexed.
The Administration is recommending that the Council: accept the 10%Notice of Intent to
Commence Annexation Proceedings and pass a resolution calling for an election.
STAFF RECOMMENDATION:
Set February 13, 2006 for a public hearing to decide whether it wishes to accept the 10%Notice
of Intent to Commence Annexation Proceedings petition using the election method for the
Preserve Our Plateau Annexation and, if so, adopt a resolution calling for an election. If the
Council wishes not to accept the 10%Notice of Intent petition, it must also pass a resolution to
this affect.
Rentonnet/agnbilll bh
tic
NOTICE OF INTENTION TO COMMENCE cfrY Of RENTON
ANNEXATION PROCEEDINGS NOV 1 5 2005
UNDER RCW 35A.14.020
(Election Method) CITY CLERK'S RECEIVED
OFFICE
(10%PETITION-PRESERVE OUR PLATEAUAPiWEXATION)
TO: '1'HE CITY COUNCIL OFSUBM
SUBMITTED B : �r,A x� o./J erreV
THE CITY OF RENTON ADDRESS: / /_ Id ' .
City Hall, do City Clerk
1055 South Grady Way PHONE: - .&/
Renton, WA 98055
The undersigned are qualified electors resident in the proposed annexation area who
represent not less than ten percent (10%) of the votes cast in the last general election and •
who desire to annex to the City of Renton.
We hereby advise the City Council of the City of Renton that it is our desire to commence
annexation proceedings under the provisions of RCW 35A.14.020, of all or any part of the area
described below.
The territory proposed to be annexed is within King County, Washington, and is contiguous to
the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of
this petition. King County Records, Elections and Licensing Services Division estimates that
there are 3,230 registered voters within the subject area of which 2,700 voted in the last election.
The City Council is requested to set a date not later than sixty days after the filing of this request
for a public meeting with the undersigned.
1. At such meeting, the City Council will decide whether the City will accept or reject
the proposed annexation;
2. The City Council will decide whether to require simultaneous adoption of a proposed
zoning regulation;
3. The City Council will decide whether to require the assumption of a proportional
share of existing city indebtedness by the area to be annexed; and
4. The City Council will decide whether to adopt a resolution approving the proposed
annexation and calling for an election,or rejecting the proposed action.
This page is the first of a group of pages containing identical text material. It is intended by the
signers that such multiple pages of the Notice of Intention be presented and considered as one
Notice of Intention. It may be filed with other pages containing additional signatures which
cumulatively may be considered as a single Notice of Intention.
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Proposed Preserve Our Plateau Annexation 0 1200 2400
=s.
�i cErsoonomie Development,Neighborhoods&Suite&Pluming Annexation Area �����
Qp Abs"u°""a^°' -—-. Renton City Limits 1 : 14400
im.0 —• Urban Growth Boundary
V
1
EXHIBIT 2
SAVE OUR PLATEAU ANNEXATIO
GENERAL AREA DESCRIPTION
The approximate 1,475 acre area that includes:the area west of 162nd Avenue SE that includes
Maplewood Elementary School,Maplewood Park,and County owned park lands north of
Maplewood Park between 144th Avenue SE on the west and 152nd Avenue SE,if extended on the
east;the area south of the south side of SE 136th on the north and north of SE 142nd Street/SE
142nd Place on the south,between 152nd Avenue SE on the west and the east side of 156th Avenue
SE,on the east; the area north of approximately SE 134th Street,if extended(City of Renton
boundary)on its south, east of 152 Avenue SE,if extended on its west,and south of the south
side of SE 128th Street on its north,east to the east side of 156th Avenue SE,on the east;the area
between 154th Place SE on the west and the east side of 156th Avenue SE and 156th Place SE,if
extended, SE 142nd Place on the north and the Urban Growth Area boundary on the south;and,
the large area east of the east side of 156th Avenue SE and 156th Place SE, if extended,bordered
on the north,east,and south by the Urban Growth Area boundary, (basically, SE 128th Street and
SE 132nd Street on the north, 184th Avenue SE,on the east,and that portion of the UGA boundary
north of SE Jones Road east 156th Place SE,if extended,on the south)as shown in Exhibit 1,
attached.
•
PRESERVE OUR PLATEAU ANNEXATION
CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
WARNING: Every person who signs this petition with any other than his SEGMENT: 1 SECTION NO: 1
knowingly signs more than one of these petitions, or signs a petition seeking SIGS/SEC: 10 FROM: 1 ( 1 )
is not a legal voter, or signs a petition when he or she is otherwise not qual. 1 TO: 10 ( 10)
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
Signature , : , if, . 1( c)am 5( 1301..1/4-51—
l4 Sign ativ2Fscs1� X10.__ i Sea, 1(oo-a-14 5�. B'f l 31 a
2. . l o c Prin -1��_
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Signature ` .�t .. fad ato - /63 4aeS6
0 Nted a1ell m.qe n Re --l-on, WA gg059 TO-11 n ec-.
r
PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
T PLATEAU ANN ID: •
PROPOSED EAS29
. SEGMENT: 1 SECTION NO:
WARN2ING: Every person who signs this petition with any other than his c slGsrsEc: 10 FROM: 1 � 11 )
knowingly signs more than one of these petitions, or signs a petition seeking a 2 TO: �o
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or win, ,....._�. 20)
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the tide to the
real estate)
•
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- PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN( ID: 29
. SEGMENT: 1 SECTION NO:
WARNING: Every person who signs_this petition with any other than hi.! SIGS/SEC: 1t3 FROM: 13
knowingly signs more than one of these petitions, or signs a petition seeking 3 TO: 10 21
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or wno fftww.a 30 i
herein any false statement,shall be guilty ofa misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.) .
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PRESERVE OUR PLATEAU ANNEXATIO CITY OF RENTON
. PROPOSED EAST PLATEAU ANN ID: 29
WARNING: Every person who signs_this petition with any other Mar, SEGMENT: 1 SECTION NO: 4
Mar,
knowingly signs more than one of these petitions, or signs a petition seer SIGS/SEC: 10 FROM: 1 31 )
is nota legal voter, or signs a petition when he or she is otherwise not g 4 , - o To: 10 ( qo)
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
- (Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
•
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•
CITY OF RENTON
• PRESERVE OUR PLATEAU ANNEXATION PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO:
SIGS/SEC: 10 FROM: 1 ( 5
WARNING: Every person who signs this petition with any other than hi 41 )
knowin l signsmore than one ofthesepetitions, or signsapetition seeking 5 TO: 10 50)
SY S -
is not a legal voter, or signs a petition when he or she is otherwise not quaked to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
. (Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
•
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CITY OF RENTON
- PRESERVE OUR PLATEAU ANNEXATION PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 6
WARNING: Every person who signs this petition with any other than hist SIGS/SEC: 10 FROM: 1 ( 51 )
TO: 10 ( 60)
knowingly signs more than one of these petitions, or signs a petition seeking a,. 6 __ ____
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of pedtioners should be in identical form as the name that appears on record in the title to the
real estate.)
Signature 4 /fiOe- /3-.. /' A J
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CITY OF RENTON
- PRESERVE OUR PLATEAU ANNEXATION PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 7
WARNING: Every person who signs this petition with any other than his c SIGS/SEC: 10 FROM: 1 ( 61 >
knowingly signs-more than one of these petitions, or signs a petition seeking a). -7 TO' 10 70
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
r Signature !.' ---_ `, /5.-2-%# cue 131 •
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PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 8
WARNING: Every person who signs.this petition with any other than his a SIGS/SEC: 10 FROM: 1 ( 71
knowingly signs more than one of these petitions, or signs a petition seeking(le, 8 TO: 10 ( 80
is not a legal voter, or signs a petition when he or she is otherwise not quaked to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identicalform as the name that appears on record in the title to the
real estate.)
11 7 - Sly- - - -- =-- - -- 1371 ~ISS rJL
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PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 9
WARNING: Every person who signs this petition with any other than hi, SIGS/SEC: 10 FROM: 1 ( E1 )
knowingly signs more than one of these petitions, or signs a petition seeking 9 TO: 10 ( 90)
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
• (Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
•
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Name ' e "€/f7:. 1C- e-01•;r /(1.4 t Li L{i,7
CITY OF RENTON
- PRESERVE OUR PLATEAU ANNEXATION PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 10
SIGS/SEC: 10 FROM: 1 ( 91 )
WARNING: Every person who signs this petition with any other than his c10 TO: 10 ( 100)
knowingly signs more than one of these petitions, or signs a petition seeking an G.G...«n /V/SG/1,LG v/ AMU
is not a legal voter, or signs a petition when he or she is otherwise not qualifier!to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
Si f r / �y X67 iX St--
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signs j,s,, )415 -3 1 ` .I. 11 1/16di
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•
CITY OF RENTON
PRESERVE OUR PLATEAU ANNEXATION PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 11
SIGS/SEC: 10 FROM: 1 ( 101 )
WARNING: Every person who signs this petition with any other than his 11 TO: 10 ( 110)
knowingly signs more than one of these petitions, or signs a petition seeking a.. ci....u•. ►.nw.nr. .• .••.,
is not a legal voter, or signs a petition when he or she is otherwise not quaked to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
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' CITY OF RENTON
- PRESERVE OUR PLATEAU ANNEXATION PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 12
WARNING: Everyperson who signsthispetition with anyother than his , SIGS/SEC: 10 FROM: 1 ( 111
12 TO: 10 ( 120)
knowingly signs more than one of these petitions, or signs a petition seeking an etecnon tun n,«
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
_ - ar,e,, iti,57t sr
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Name
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PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTONPROPOSED EAST PLATEAU ANN ID: 29
. SEGMENT: 1 SECTION NO: 13
WARNING: Every person who signs this petition with any other than his i SIGS/SEC: 10 FROM: 1 121
knowingly signs more than one of these petitions, or signs a petition seeking a. 13 TO: 10 ( 130
is not a legal voter, or signs a petition when he or she is otherwise not quaked to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
. (Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
Ill i iy ., 0
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CITY OF RENTON
• PRESERVE OUR.PLATEAU ANNEXATION PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 14
WARNING: Everyperson whothispetition withother than s SIGS/SEC: 10 FROM: 1 ( 131 )
signs any his
TO: 10 ( 140)
knowingly signs more than one of these petitions, or signs a petition seeking .-•.•-- .---
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
_ � e, , ,I d`ir 14 Cbc1 _ (66TkPcS6
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Name * O 4 s.. (/l/2400—,___.
. CITY OF RENTON
PRESERVE OUR PLATEAU ANNEXATION PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 15
WARNING: Every person who signs this petition with any other than his SIGS/SEC: 10 FROM: 1 ( 141 )
15 TO: 10 ( 150)
knowingly signs more than one of these petitions, or signs a petition seeking _ _________ .._._._
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
Signature
1. / 0s- Printed' ;d111�s 1410 c 3 i b 4 �'I. SG
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Signature
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Name /i Pe T /1 fAA 7 ra v GO �Zi
CITY OF RENTON
• PRESERVE OUR PLATEAU ANNEXATIOP PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 16
SIGS/SEC: 10 FROM: 1 ( 151 )
WARNING: Every person who signs_this petition with any other than
knowingly signs more than one of these petitions, or signs a petition seelannssur. ....... ......... .10 ( 160)
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the tide to the
real estate.)
(0 fils.- siy — dit4,0 . d--. riSoLl Sa- j%4‘ ST-- - - • '
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• PRESERVE OUR PLATEAU ANNEXATION OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 17
WARNING: Every person who signs this petition with any other than his SIGS/SEC: 10 FROM: 1 ( 161
knowingly signs more than one of these petitions, or signs a petition seeking 17 TO: 10 ( 170>
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
- . (Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
r . _ _-_
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• PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON •
PROPOSED EAST PLATEAU ANN ID: 29
. SEGMENT: 1 SECTION NO: 18
WARNING: Every person who signs this petition with any other than hi SIGS/SEC: 10 FROM: 1 171
knowingly signs more than one of these petitions, or signs a petition seeking 18 TO: 10 ( 180
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names ofpetitioners should be in identical form as the name that appears on record in the title to the
real estate.)
1' sign- e-. 04)__gid .�i i�oay s7 14i e
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Name ... c.-Vitt-4v040•\...... c.-Vitt-4v04... c.-Vitt-4v0... c.-Vitt-4v040•\... S -•- -&<L <,
PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 19
)
WARNING: Every person who signs this petition with any other than h, SIGS/SEC: 10 FROM: 1 c 1s1
knowingly signs more than one of these petitions, or signs a petition seekin 19 TO: 10
is not a legal voter, or signs a petition when he or she is otherwise not quaujwu al sign, ---. ( 190)
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate)
j 1/ Signature7__ _ ,__;2c€11 �3z�t t�l_ � 5�
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PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST P S CTION NON 'D 20
SEGMENT: 1 191 i
WARNING: Every person who signs this petition with any other than hi SIGSISEC: 10 FROM: 1 c
knowingly signs more than one of these petitions, or signs a petition seeking 20 TO: 10 200
is not a legal voter, or signs a petition when he or she is otherwise not qualipea to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
II Signage 77(4L (51 -1.
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•
PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 21
WARNING: Every person who signs this petition with any other than his SIGS/SEC: 10 FROM: 1 ( 201 )
knowingly signs more than one of these petitions, or signs a petition seeking 21 TO: 10
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or w. ...0 ( 210)
« ,..�.�
herein any false statement,shall be guilty ofa misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
Signature
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•
PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: Y2
WARNING: Every person who signs this petition with any other than his SIGS/SEC: 10 FROM: 1 ( 211 )
knowingly signs more than one of these petitions, or signs a petition seeking 22 TO: 10 ( 220
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the •
real estate.)
I I/6/0 6
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vJ Name �r N '` c.-e✓ / erds<
PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 23
WARNING: Every person who signs this petition with any other than hi SIGSISEC: 10 FROM: 1 ( 221 )
knowingly signs more than one of these petitions, or signs a petition seeking 23 TO: 10 ( 230)
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the Sling of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
SigiuttureAer4444 /S-02-ci5 & '14.77 Sbo o 3 72 3 /8414(____
1. NameJAN .1 • r �D�' ,
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Name . SI Lim "- ' CHI
• PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON .
PROPOSED EAST PLATEAU ANN ID: 29
• SEGMENT: 1 SECTION NO: 24
WARNING: Every person who signs this petition with any other than hi SIGs/SEC: 10 FROM: 1 ( 231 >
knowingly signs more than one of these petitions, or signs a petition seeking 24 TO: 10 ( 240
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
ti� Signature i r i /5 tri SE_!3 2 Sr
1. mica----- ----- ' ------ i z g a&2
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C�s Name t7'[ ►"! �l\Y 7 �.i'Lfr)'L WI D O S f f'ti`+ 7
CITY OF RENTON
. • PRESERVE OUR PLATEAU ANNEXATION PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: Y5
•
WARNING: Everyperson who signsthispetition with anyother than hi, SIGS/SEC: 10 FROM: 1 ( 2a1 )
25 TO: 10 ( 250)
knowingly signs more than one of these petitions, or signs a petition seeking an ercc=ws ..,-. ,...
is not a legal voter, or signs a petition when he or she is otherwise not quaked to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
II i Signature 4 f 1 y c 9 S Sc`/e/" -rl /N t
1 v-,,L('(17 3'-fr V ci9,74.12A-ex
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4. Printed ` _ C� `1
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07 Name Pgfrluc VUu/ Rob;/1s q006t7
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Name .Jl Co ,,r �1 Ft 2 ' W
q
CITY OF RENTON
PRESERVE OUR PLATEAU ANNEXATION PROPOSED EAST PLATEAU ANN ID: 29 '
SEGMENT: 1 SECTION NO: 26
SIGS/SEC: 10 FROM: 1 ( 251 )
WARNING: Every person. who signs this petition with any othei' than hii 26 TO: 10 ( 260)
knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she
is not a legal voter, or signs a petition when he or she is otherwise not quaked to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
si. a, -C` `- 7-::---- --•--- 4-65 r - S 6 /yrx 'x/63.75/? . Vv /. ,�
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Pnnted
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Name L 1f(L /4((u do, 0- kvA ise.r7
ly Signature .� f `i g i `F-1 bZ 4-451'.5 r: -ii o 141 g Y y
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signature 1 tl4 , /Iz/ d C�Sr
1I1 IALL, Printed 'C`f=� , WO y6L/69
• Name Rb 1 "ttri- r"!4ri 4 /et , 4 q p5i
• - PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
• SEGMENT: 1 SECTION NO: 27
WARNING: Every person who signs this petition with any other than h SIGS/SEC: 10 FROM: 1 ( 261
knowingly signs more than one of these petitions, or signs a petition seekin, 27 TO: 10 ( 270
is not a legal voter, or signs a petition when he or she is otherwise not quaked to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
tySignature , _ . , 946.p c!2(la v 1,19 1lAL GI
' k--14ame Dk * baR44 I) F•PAAhC7W Ac:8°/-4 .
1164
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Named' LF'Ll e
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6. Ij lio as --Named( g-lea E,5uNbE k9 .(//-1),04(41"/-7 34
Signaaue______.7.1_________ —— --- —..( iS4L1PL tl 110, 85351 Vtercic&
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• Name C a-T i` (-Tara r
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10. I+5—drrinted
I� wit g8o
Name lLe� Ai
PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 28
WARNING: Every person who signs this petition with any other than ha SIGS/SEC: 10 FROM: 1 ( 271 )
knowingly signs more than one of these petitions, or signs a petition seekin; 28 TO: i0 ( 2s0)
is not a legal voter, or signs a petition when he or she is otherwise not quatijtea w sign, vi •..-.--
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
Signature / / / 'C 3,r /51 fir
le-el/C-0:-Ar
11((,. i 1
(�S NamName .. qgi-
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1 Printed250-3:A, s too �-'J w
Name - us'ku k C_.1:, 4. W lQ `1 3
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Name S1A-t.► a v‘W(cPt 3 tbt WA cln
•
PRESERVE OUR PLATEAU ANNEXATION
CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
WARNING: Every person who signs this petition with any other than his SEGMENT: 1 SECTION NO: 29
knowingly signs more than one of these petitions, or signs a petition seeking SIGS/SEC: 10 FROM: 1 ( 281 )
is not a legal voter, or signs a petition when he or-she is otherwise not quad 29 TO: 10 ( 290)
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
lAr /:'et,
%' - --Gf--= - !ate ��� 4 . /7c'q�b ?4, ,Q
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Name 4.0 c.3/ Xi 4e,fm iD;44- 9S-br5
x
• PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU nNOANN ID: 29
30
WARNING: Every person who signs this petition with any other than hi
10 SEGMENT: 1
knowingly signs more than one of these petitions, or signs a petition seekini SIGS/SEC: FROM:
O 10 ( 300)
is not a legal voter, or signs a petition when he or she is otherwise not qua. 30 0 -. .. •,••
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the tide to the
real estate.)
SEtivAlfich
1. `l,`-'°S ► -- -- - - Relittori"9 9 Nall Ire,
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;. I'/� Printed//-C r/ M / len/�,, W!1 7for1 7v02
3 7c 7/ pet• 1
Name GT'
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signature !g5 zi 2.,.. E' )V7 2'4- 5J
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. Printed ? !4 fa/ . D-
c6 Name . i YAP ) flili�- h ��'
1/ / signature(/'/ t f 2.8 7 5..�. I Lt7d4 - , .• r
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ty
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signatu e� ,i/ - /`f,-2 gzer/d' t/E 56
• lint a----------- -----------------•. ,e- ittro N1 WI. Qty
Name G ie/C --W:6-R-1-1A/6
PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
•
PROPOSED EAST PLATEAU ANN I0: 29
SEGMENT: 1 SECTION NO:
WARNING: Every person who signs this petition with any other than h SIGs/SEC: 10 31
FROM: 1
knowingly signs more than one of these petitions, or signs a petition seekin 31 30 )
TO:
is not a legal voter, or signs a petition when he or she is otherwise not qualpea ,.b.., -- 10 ( 310)
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
I ,� Signature ,I - _/ •, _ _ /c3 // 3.r/4//PL.
1. ?/� - S �P,e CUA �j/�l 1�
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3. ((i ? ( ,Prined -- -a=
PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON .
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 32
WARNING: Every person who signs this petition with any other than h SIGS/SEC: 10 FROM: 1 ( 311 )
knowingly signs more than one of these petitions, or signs a petition sedan 32 TO: 10 ( 320)
is not a legal voter, or signs a petition when he or she is otherwise not quauJieu iv ansa, cr, "P.m, ,,.a„�..1
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
I 1— _, --si,� 1 as e1 js337 e.E" 1Y? T~ PL
1. Printed l '6VTDRr, 44 ggaSq .
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4. /% Printed y, n,, 2Qi ONN , uJa Th 1
Name{ �� t 1e./: • 14
.si 141 is $2.`��R1)� SE
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Name 1)atAN i 14Ovhe►6.4
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). / 05 Printed_.,lr�F/1� - ----- 464/0-dJ GtiA,f_f t0.i-r 7/2 7V 721t J, (t4
Name Qi R,f ccte
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'l t o - -i ted -= '-- - ----- ---------- �Sa14.(::1(5-2.._.. �
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l� signet e. -��,,. ,9/A6 fr3 lut if l
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Name fwd, Z,1� . _ Airy) sn-gccsq
PRESERVE OUR PLATEAU ANNEXATION CITY N
PROPOSEDOFRENTOEAST PLATEAU ANN ID: 29
. SEGMENT: 1 SECTION NO:
33
WARNING: Every person who signs this petition with any other than . SIGS/SEC: 10 FROM: 1 ( 321 )
knowingly signs more than one of these petitions, or signs a petition seeki 33 TO: 10 ( 330)
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or wno mun.w
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the tide to the
real estate)
ilk/ s - � - . - /325 15�t Sr
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Name vj 4/1-1,..- l/" CT Lf( ,
Signature 40 s C 1311 -/$ k Ave 51— /Lefty iil
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signature/62 j -a.-
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Name �,0At .d c-i L.S/k,Z 4e7t)ro4 l t/'/# fio' T
s',4* , ! j ` tj�f f50' fVtsif.
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705 N> ame6 0.,\t ' i t ex C'tko .
1i Signature -�Aii. �- - 1E-
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). `15Name ��S R�'o
y Si�ay�re - - I/R2• 1, .-41f45:i ,
• PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON .
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 1 SECTION NO: 34
WARNING: Every person who signs this petition with any other than , SIGS/SEC: 10 FROM: 1 ( 331 )
knowingly signs more than one of these petitions, or signs a petition seeld 34 TO: 10 ( 340)
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or wno makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names ofpetitioners should be in identical form as the name that appears on record in the title to the
real estate.)
rit
Signitille 1 t ;. . 1 . ? s<
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Name Mich, c'f (Kr _
Signature I G } 46 SLJ 13 L iv 13
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Signature
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_ signature ,/,r /1„� f ' l/-7 i3 S /3 /it/`t
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fietta ern/1 f} 9r51
Name
si µ, (7 a--i 16 3,-d N- 5-‹
I// Prinud ��
Name h4'rNG1 i .`" M1vf
PRESERVE OUR PLATEAU ANNEXATION
CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
WARMNG: Every person who signs this petition with any other than i SEGMENT: 1 SECTION NO: 35
knowingly signs more than one of these petitions, or signs a petition seekh SIGS/SEC: 10 FROM: 1 ( 341 )
is not a legal voter, or signs a petition when he or she is otherwise not q& 35 TO: 10 ( 350)
herein any false statement,shall be guilty ofa misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the tide to the
real estate.)
II q T.L
„a , -0,v\a,coa - I DSD.1- I 0.5 ftv 5
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/ Si. �,/' 141, 1311 / rite _5Z
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Nam(A€L.- N IU/11�E 9�'o5�j'
./signaame - - - /1 ii�LS c6:r
Name AN`
PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON •
• PROPOSED EAST PLATEAU ANN ID: 29
WARNING: Every person who signs this petition with any other than hi SEGMENT: 1 SECTION NO: 36
knowingly signs more than one of these petitions, or signs a petition seekiSIGSISEC. 10 FROM: 1 ( 351 )
ng
is not a legal voter, or signs a petition when he or she is otherwise not qua.,36 - TO: 10 ( 360)
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the tide to the
real estate.)
Signauwe ,� I Zr32'' l 62.' ax -T—
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Name 1
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•
PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU EC ON NO: 37
ID : 29
SEGMENT:• z 361 )
WARNING: Every person who signs this petition with any other than hi
knowinglyS�GSISEC: 8 FROM: 1
signs more than one of these petitions, or signs a petition seeking To: 8 ( 368)
is not a legal voter, or signs a petition when he or-she is otherwise not qua.,37 __ ..b.., ... writ)mages
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
114410 161 4.7-e
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signatirv iu1LI to Ave.Se"
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• PRESERVE OUR PLATEAU ANNEXATION .
CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 2 SECTION NO: 38
WARNING: Every person who signs this petition with any other than his FROM: 1 ( 369
knowingly signsmore than one ofthesepetitions, or signsapetition seekingslGs/SEC: 8
g y TO: 8 ( 376
is not a legal voter, or signs a petition when he or she is otherwise not qual., 38 o . __ ._.._ ..--
herein any false statement,shall be guilty ofa misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
•
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
EI q 2 -, i(i c l6fs1-ts Ia�WI. 11
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I , Name
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Name
Signature
Name
PRESERVE OUR PLATEAU ANNEXATION
CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
WARNING: Every person who signs this petition with any other than his SEGMENT: 3 SECTION NO: 39
knowingly signs more than one of these petitions, or signs a petition seeking SIGs/SEC: 7 FROM: 1 ( 377 )
is not a legal voter, or signs a petition when he or she is otherwise not quai 39 TO: 7 ( 383)
herein any false statement,shall be guilty ofa misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
ii—il-0(5-itr6;;edI - • a/ f .
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Name •
PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
• SEGMENT: 4 SECTION NO: 40
WARNING: Every person who signs this petition with any other than hi: SIGS/SEC: 6 FROM: 1 ( 384 )
knowingly signs more than one of these petitions, or signs a petition seeking 40 TO: 6 ( 389)
is not a legal voter, or signs a petition when he or she is otherwise not quaked to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition. •
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
Signature _ - ---- 1d` if S l36- .
1. ti lA o� `� -Name Dori S e Z- i',
tort gros-9
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•
PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 4 SECTION NO: 41
WARNING: Every person who signs this petition with any other than h SIGS/SEC: 6 FROM: 1 ( 390 )
knowingly signs more than one of these petitions, or signs a petition seekin 41 TO: 6 ( 395)
is not a legal voter, or signs a petition when he or she is otherwise not qua4y« «., , .,. ....., .--
herein
--herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
\� Signature --faaj..4:e
13 L 3S S /3S'�
1. � Printed {' /J p
Name cLaY 1 �! t �n�O/1 �'. 7tP�9
M y X6;3-� �e Pert' G f—
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Name 0 1,. a t 1 aSe. _ �`
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2°'Name Hie-h'! e1 t ci r 'e
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Signature
7. Printed----- ---- •
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Name
• Signature
8.
Name
Signature
Name
Signature
[0.
Name .
PRESERVE OUR PLATEAU ANNEXATION
CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
WARNING: Every person who signs this petition with any other than hi SEGMENT: 5 SECTION NO: 42
knowingly signs more than one of these petitions, or signs a petition seekin, SIGS/SEC: 3 FROM: 1 ( 396 )
is not a legal voter, or signs a petition when he or she is otherwise not gut 42 TO: 3 ( 398)
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
SignatuE to ; i(09th hues* -
l. P-13-00 Printed
Name Kat _. ALES tE en,,v Olk gibei
Signatiu , /3/4� rs8 ,4y.SE
14)4,1,//6,,;w;...t;i_._ • . -7 - . -
Name /W �' gy'i7/�_ _
Signature t amt&- ivkA 1 S N U SE i 3 8T14- R/\{.E •
3- 111131°s PriD ._. SZ oa 8 S
Name 1 ik0 ft0L11 11601. I
Signature
4. Printed--------------------•-------•----•
Name
Signature •
). Printed . . . . . .-•-------------------
Name
Signature
►. Printed -•-------------------•----------•
Name
Signature
•
• Printed
Name
Signature
P- rinted--------•------------------------•
•
Name
Signature
•
P- rinted -------------•-------------•---..
•
Name
Signature
Name .
•
PRESERVE OUR PLATEAU ANNEXATION CITY OF EENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 6 SECTION NO: 43
•
WARNING: Every person who signs this petition with any other than I SIGS/SEC: 2 To M21 aoo>
knowingly signs more than one of these petitions, or signs a petition seekir. 43
is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the tide to the
real estate.)
Signature 1 3o�' t36fi�Cx
1. T �y I`�1;�,;i'---- ------------ --------- R l Ki a 6I-( ,r07-1
Name "'al I t t �l la-
Signadue . .__ iu 11 t t q s f. 1 t2'a' s4.
2. IIeS- e (i)eNamOr- Rew4 ' w 9'o sq
Signature
Printed
Name
Signature
4. Printed
Name
.Signature
5. Printed'--------------------------------
Name
Signature
Printed
Name
Signature
•
7. Printed------ --------------------------•
Name
• Signature
S. Printed--------------•-----------------..
Name
Signature
Name
Signature
Printed
Name
CITY OF RENTON
PRESERVE OUR PLATEAU ANNEXATION PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 6 SECTION NO: 44
SIGS/SEC: 2 FROM: 1 ( 401 )
WARNING: Every person who signs this petition with any other than 144 TO: 2 ( 402)
knowingly signs more than one of these petitions, or signs a petition seeking an erecrran wren ne vf atm
is not a legal voter, or signs a petition when he or she is otherwise not quaked to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the title to the
real estate.)
Sip? jr• /
R�N r°N wfi
Printed 7/0/ 'figovc V 4l-E 1404
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Name 0. A. i ^tL k 'sf
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Signature
. Printed--•---------•---------•—•---•----•
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Printed•----------•-----•—•----------__.
Name
.Signature
Printed------------•-----------•-------..
Name
Signature
Name
Signature
•
Name
Signature
Printed
, Name
Signature
Printed--•------------------------------'
Name
Signature
• Printed----------------•-------•---._._..
Name •
• PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 6 SECTION NO: 45
WARNING: Every person who signs this petition with any other than hi SIGS/SEC: 2 FROM: 1 ( 403 )
knowingly signs more than one of these petitions, or signs a petition seekini 45 To: 2 404)
is nota legal voter, or signs a petition when he or she is otherwise not qua., _---
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be In identical form as the name that appears on record in the title to the
real estate.)
s• sir
,.; . fAVF
/(d f /#33/45'
1. tedA
a Nameve v o FJ� i�jJ /'►�F�1�
11-11-t- Si atU -.-.-.-.-.-. d- ------ 110013 3E 1310 S-►
2. zc7O5 , -- ort Renton wop51 NY
Name 5(&n V
Signature
3.
Name
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4.
Printed
Name
.Signature
5.
Name
signature
Name
Signature
7. ---------------------------
Name
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B. Printed--•------------------------------•
Name
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Name
Signature
0. Printed--------------------------------..
Name
PRESERVE OUR PLATEAU ANNEXATION
CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
•
WARNING: Every person who signs this petition with any other than his SEGMENT: 7 SECTION NO: 46
knowingly signs more than one of these petitions, or signs a petition seeking SIGS/SEC: 1 FROM: 1 ( 405 )
is not a legal voter, or signs a petition when he or-she is otherwise not quat.,46- TO: ( 405)
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names of petitioners should be in identical form as the name that appears on record in the tide to the
•
real estate.)
•
S'ilture
f/f
/ Name Nom s , be-v ,e /���"ale ygoi'9
Signature
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Name
Signature
3.
Printed •
Name
Signature
1. Priniia--•---------------------------•--•
Name
Signature •
>. Printed . . . . ._._------------------•
Name
Signature
Name
Signature
Printed--.-' _.-•---------•---------'--'
Name
Signature
Primal'---•---•-----•-------------._._..
•
, Name
Signanue
Printed•-----------•---------•----------'
•
Name
Signature
Printed
Name •
• PRESERVE OUR PLATEAU ANNEXATION CITY OF RENTON
PROPOSED EAST PLATEAU ANN ID: 29
SEGMENT: 7 SECTION NO: 47
WARNING: Every person who signs this petition with any other than , SIGS/SEC: 1 FROM: 1 ( 406 )
knowingly signs more than one of these petitions, or signs a petition seeki. 47 TO: 1 ( 406)
is not a legal voter, or signs a petition when he or she is otherwise not qualqIed to sign, or who makes
herein any false statement,shall be guilty of a misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition.
(Names ofpetitioners should be in identical form as the name that appears on record in the title to the
real estate.)
•
•
•
.__ dit14 tdet_
1. Printed
Name F4,e . L
-d
Signature
2. Printed- ------------•-----------------..
Name
Signature
3.
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Name
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4.
PrMted
Name
.Signature •
5. Printed------------•---•-------•-------..
Name •
Signature
6.
printed
Name
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7. Printed -- � --------------------------
Name
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3. Printed----------------------------------
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0. Printed -------------•-•-----•-•---._._..
Name .
\\Q---"-LkcO° (c)‘\);'---K \•)< =L \*. \\O ,
NOTICE OF INTENTION TO COMMENCE ,
ANNEXATION PROCEEDINGS CITY OF RENTON w\ V
UNDER RCW 35A.14.020 NOV 1 5 2005
(Election Method)
RECEIVED
CITY CLERK'S OFFICE
(10%PETITION-PRESERVE OUR PLATEAU ANNEXATION)
lig
TO: THE CITY COUNCIL OF SUBMITTED B : - ' a aN
THE CITY OF RENTON ADDRESS: • D, jam. 2
City Hall, do City Clerk • A Ad It r -
1055 South Grady Way PHONE: -/Z$. //7 0//?
Renton, WA 98055
The undersigned are qualified electors resident in the proposed annexation area who
represent not less than ten percent (10%) of the votes cast in the last general election and
who desire to annex to the City of Renton.
We hereby advise the City Council of the City of Renton that it is our desire to commence
annexation proceedings under the provisions of RCW 35A.14.020, of all or any part of the area
described below.
The territory proposed to be annexed is within King County, Washington, and is contiguous to
the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of
this petition. King County Records, Elections and Licensing Services Division estimates that
there are 3,230 registered voters within the subject area of which 2,700 voted in the last election.
The City Council is requested to set a date not later than sixty,days after the filing of this request
for a public meeting with the undersigned.
1. At such meeting, the City Council will decide whether the City will accept or reject
the proposed annexation;
2. The City Council will decide whether to require simultaneous adoption of a proposed
zoning regulation;
3. The City Council will decide whether to require the assumption of a proportional
share of existing city indebtedness by the area to be annexed; and
4. The City Council will decide whether to adopt a resolution approving the proposed
annexation and calling for an election, or rejecting the proposed action.
This page is the first of a group of pages containing identical text material. It is intended by the
signers that such multiple pages of the Notice of Intention be presented and considered as one
Notice of Intention. It may be filed with other pages containing additional signatures which
cumulatively may be considered as a single Notice of Intention.
.........
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Proposed Preserve Our Plateaua
Annexation
+'*= 0 1200 2400
Economic Development,Neighborhoods&Strategic Planning Annexation Area
Alw, �wem■ — Renton City Limits
tstrator
'' °°"°°”zoos 1 : 14400
-•—• Urban Growth Boundary
VI
I"`
E)IM3IT 2
SAVE OUR PLATEAU ANNEXATIO
GENERAL AREA DESCRIPTION
The approximate 1,475 acre area that includes: the area west of 162nd Avenue SE that includes
Maplewood Elementary School,Maplewood Park,and County owned park lands north of
Maplewood Park between 144th Avenue SE on the west and 152nd Avenue SE,if extended on the
east;the area south of the south side of SE 136th on the north and north of SE 142nd Street/SE
142nd Place on the south,between 152n1 Avenue SE on the west and the east side of 156th Avenue
SE,on the east; the area north of approximately SE 134th Street, if extended(City of Renton
boundary)on its south, east of 152 Avenue SE,if extended on its west,and south of the south
side of SE 128th Street on its north,east to the east side of 156th Avenue SE,on the east;the area
between 154th Place SE on the west and the east side of 156th Avenue SE and 156th Place SE,if
extended,SE 142nd Place on the north and the Urban Growth Area boundary on the south;and,
the large area east of the east side of 156th Avenue SE and 156th Place SE,if extended,bordered
on the north,east,and south by the Urban Growth Area boundary,(basically, SE 128th Street and
SE 132nd Street on the north, 184th Avenue SE,on the east, and that portion of the UGA boundary
north of SE Jones Road east 156th Place SE,if extended,on the south)as shown in Exhibit 1,
attached.
• �T ��C� 5\ 6;\NS�\ � -1) • \\ �\ ) S 6 _
c. u 2�� Z\ 3-5 Ln 3
NOTICE OF INTENTION TO COMMENCE
ANNEXATION PROCEEDINGS CITY OF RENTON4144
x
UNDER RCW 35A.14.020
NOV 1 5 2005
(Election Method)
RECEIVED
CITY CLERK'S OFFICE
(10%PETITION-PRESERVE OUR PLATEAUANNEXATION)
A9—ati
TO: THE CITY COUNCIL OF SUBMITTED B' 14;4-4/WVad Io, I
THE CITY OF RENTON ADDRESS: /D.00,- .2.9)%
City Hall, do City Clerk 77,,j it 90164
1055 South Grady Way PHONE: f• 9/7. C//7
Renton, WA 98055
The undersigned are qualified electors resident in the proposed annexation area who
represent not less than ten percent (10%) of the votes cast in the last general election and •
who desire to annex to the City of Renton.
We hereby advise the City Council of the City of Renton that it is our desire to commence
annexation proceedings under the provisions of RCW 35A.14.020, of all or any part of the area
described below.
The territory proposed to be annexed is within King County, Washington, and is contiguous to
the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of
this petition. King County Records, Elections and Licensing Services Division estimates that
there are 3,230 registered voters within the subject area of which 2,700 voted in the last election.
The City Council is requested to set a date not later than sixty days after the filing of this request
for a public meeting with the undersigned.
1. At such meeting, the City Council will decide whether the City will accept or reject
the proposed annexation;
2. The City Council will decide whether to require simultaneous adoption of a proposed
zoning regulation;
3. The City Council will decide whether to require the assumption of a proportional
share of existing city indebtedness by the area to be annexed; and
4. The City Council will decide whether to adopt a resolution approving the proposed
annexation and calling for an election, or rejecting the proposed action.
This page is the first of a group of pages containing identical text material. It is intended by the
signers that such multiple pages of the Notice of Intention be presented and considered as one
Notice of Intention. It may be filed with other pages containing additional signatures which
cumulatively may be considered as a single Notice of Intention.
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'roposed Preserve Our Plateau Annexation 0 1200 2400
Economic1..\.6..
Development,Neighborhoods&Strategic Planning
Annexation Area
' AkaO. '""""""" ——— Renton City Limits 1 : 14400
t<omos -•—• Urban Growth Boundary
EIiEIMIT 2
SAVE OUR PLATEAU ANNEXATIO
GENERAL AREA DESCRIPTION
The approximate 1,475 acre area that includes: the area west of 162nd Avenue SE that includes
Maplewood Elementary School,Maplewood Park,and County owned park lands north of
Maplewood Park between 144th Avenue SE on the west and 152nd Avenue SE,if extended on the
east; the area south of the south side of SE 136th on the north and north of SE 142nd Street/SE
142nd Place on the south,between 152nd Avenue SE on the west and the east side of 156th Avenue
SE,on the east;the area north of approximately SE 134th Street,if extended(City of Renton
boundary)on its south,east of 152 Avenue SE, if extended on its west,and south of the south
side of SE 128th Street on its north,east to the east side of 156th Avenue SE,on the east;the area
between 154th Place SE on the west and the east side of 156th Avenue SE and 156th Place SE,if
extended, SE 142nd Place on the north and the Urban Growth Area boundary on the south;and,
the large area east of the east side of 156th Avenue SE and 156th Place SE, if extended,bordered
on the north,east,and south by the Urban Growth Area boundary,(basically,SE 128th Street and
SE 132nd Street on the north, 184th Avenue SE,on the east,and that portion of the UGA boundary
north of SE Jones Road east 156th Place SE,if extended,on the south)as shown in Exhibit 1,
attached.
•
King County Records, Elections and Licensing
Services Division
CERTIFICATE
OF SUFFICIENCY
THIS IS TO CERTIFY that the petitions, originally submitted in November
2005 to the King County Records, Elections and Licensing Services Division,
supporting the Proposed East Renton Plateau Annexation, 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 35A.06.040 and 35A.01.040.
Dated this 296 day of December 2005.
LeAIA--C 1 -t)
Dean C. Logan, Direc ito
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: For Agenda of:
Dept/Div/Board.. Fire Department/Fire Prevention January 23, 2006
Bureau
Staff Contact Stan Engler, Fire Marshal Agenda Status
Consent X
Subject: Public Hearing..
Correspondence..
Adoption of Fire Prevention Fee Ordinance Amendment Ordinance
Resolution
Old Business
Exhibits: New Business
Issue Paper Study Sessions
Proposed Ordinance Information
Ordinance#5177 Being Amended
Recommended Action: Approvals:
Legal Dept X
Council Concur Finance Dept
Other
Fiscal Impact:
Expenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
The Renton City Council approved the Fire Prevention Division plan review fee increase along
with the 2006 operating budget for the City of Renton. The intent of the two additional fee
changes is to more accurately reflect the cost of services provided by the Renton Fire Prevention
Division and to ensure that higher value projects are charged higher fees than projects of lesser
value.
STAFF RECOMMENDATION:
Approve the ordinance amending the Fire Prevention fees effective February 1, 2006. Adopt the
ordinance by first and second readings on January 23,2006.
Rentonnet/agnbill/ bh
ti/ O� FIRE DEPARTMENT
- o� MEMORANDUM
NT
-
DATE: January 17, 2006
TO: Randy Corman, Council President
Members of the City Council
VIA: , Kathy Keolker, Mayor
FROM: // -e r, . r-, ��
STAFF CONTACT: Stan Engler, Fire Marshal/Battalion Chief
SUBJECT: Fire Prevention Fee Ordinance Amendment
Issue:
Should the Renton City Council amend its fire permit and plan review fees consistent
with the adopted 2006 City Budget?
Background:
In December, 2005, the Renton City Council approved the 2006 operating budget for the
City of Renton. This budget included fee changes for IFC permits and fire plan reviews
performed by the Fire Prevention Division. Two additional fee changes are being
requested for fire plan reviews.
The intent of these fee changes was to more accurately reflect the cost of these services
provided by the Renton Fire Prevention division. For fire plan reviews, the intent of the
new fee structure was to ensure that higher value projects were charged higher fees than
projects of lesser value. Approval of these two additional fee changes is needed to meet
the intent of the previously approved fee structure.
Recommendation:
Staff recommends that the City of Renton Council approve this Fire Prevention Fee
Ordinance amendment effective February 1, 2006.
is\permits\fee ordinance 1-13-06.doc
CITY OF RENTON,WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING SECTION 4-1-150, FIRE PREVENTION FEES, OF
CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV
(DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON, WASHINGTON" BY AMENDING THE FIRE PREVENTION
FEES.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN
AS FOLLOWS:
SECTION L Section 4-1-150.A of Chapter 1, Administration and Enforcement,
of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
4-1-150 FIRE PREVENTION FEES:
Value of Work Fee Amount
$0 to $249.99 $30.00
$250.00 to $999.99 $30.00 plus 2% of the cost
$1,000.00 to $4,999.99 $50.00 plus 2%of the cost
$5,000.00 or more $120.00 plus 0.9%of the cost
Construction Re-Inspection A fee of$60.00 per hour may be assessed
if the requested inspection does not meet
the approval of the inspector.
Violation Re-Inspection after 30-day $50.00
period(whenever 30 days or more have
passed since Fire Department notification
of a violation, which required re-
inspection, and such violation has not been
remedied or granted an extension).
1
ORDINANCE NO.
Pre-Citation Follow-Up Inspection when $50.00 each inspection
re-inspections are required beyond the
original re-inspection.
Malfunctioning Fire Alarm Fee First, second, and third false alarms-no
charge. Fourth and fifth false alarms in a
calendar year- $50.00/each. Sixth false
alarm and successive false alarms in a
calendar year- $100.00/each.
Late Payment Penalty $25.00 for late payment of malfunctioning
fire alarm fee and pre-citation inspection
fee.
SECTION IL This ordinance shall be effective upon its passage, approval, and
five days after publication.
PASSED BY THE CITY COUNCIL this day of , 2006.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2006.
Kathy Keolker, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1242:1/6/06:ma
2
Amends ORD 5086
CITY OF RENTON,WASHINGTON
ORDINANCE NO. 517 7
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING SECTION 4-1-150, FIRE PREVENTION FEES, OF
CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV
(DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON, WASHINGTON" BY AMENDING THE FIRE PREVENTION
FEES.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN
AS FOLLOWS:
SECTION L Section 4-1-150 of Chapter 1, Administration and Enforcement, of
Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
4-1-150 FIRE PREVENTION FEES:
Value of Work Fee Amount
$0 to $249.99 $30.00
$250.00 to$999.99 $20.00 plus 2% of the cost
$1,000.00 to $4,999.99 $50.00 plus 2% of the cost
$5,000.00 or more $60.00 plus 0.9%of the cost
Construction Re-Inspection A fee of$60.00 per hour may be assessed
if the requested inspection does not meet
the a I I royal of the ins,ector.
Violation Re-Inspection after 30-day $50.00
period (whenever 30 days or more have
passed since Fire Department notification
of a violation, which required re-
inspection, and such violation has not been
remedied or =. anted an extension .
1
ORDINANCE NO. 5177
Pre-Citation Follow-Up Inspection when $50.00 each inspection
re-inspections are required beyond the
original re-inspection.
Malfunctioning Fire Alarm Fee First, second, and third false alarms-no
charge. Fourth and fifth false alarms in a
calendar year- $50.00/each. Sixth false
alarm and successive false alarms in a
calendar year- $100.00/each.
Late Payment Penalty $25.00 for late payment of malfunctioning
fire alarm fee and pre-citation inspection
fee.
Operational Fire Code Permit(issued in $60.00 per year. Exception 1 —Hazardous
accordance with Section 105.6 of the IFC) Materials and RPM Facilities$100.00 per
year.
Construction Permit 20%of the above Plan Review/Inspection
Fee or a minimum of$50.00, whichever is
greater.
Replacement for Lost Permit $25.00 for each permit.
Hazardous Production Materials Permit $100.00 per year
(for businesses storing, handling, or using
hazardous production materials as
regulated in the Fire Code)
Underground Tank Removal Permit See plan review and construction permit
(Commercial) fees.
Underground Tank Removal or $60.00
Abandonment-In-Place Permit
(Residential)
,SECTION IL This ordinance shall be effective January 1, 2006.
PASSED BY THE CITY COUNCIL this 12th day of December , 2005.
1t, t.Jai
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 12th day of December , 2005.
/641 - Gtr
Kathy K lker-Wheeler, Mayor
2
ORDINANCE NO. 517 7
Approved as to form:
Cid' WG` r`+„.
Lawrence J. Warren, City Attorney
Date of Publication: 12/16/2005
ORD.1236:12/7/05:ma
3
p
CITY OF RENTON COUNCIL AGENDA BILL
JAJ#: F / .
Submitting Data: For Agenda of January 23, 2006
Dept/Div/Board.. City Attorney's office
Staff Contact Lawrence J. Warren Agenda Status
Consent X
Subject: Public Hearing..
Amendments to City Code to update definitions, Correspondence..
nuisances, and civil and criminal violations and Ordinance X
penalties in Chapter 1-3. Resolution
Old Business
Exhibits: New Business
Ordinance Study Sessions
Information
Recommended Action: Approvals`
Refer to Public Safety Committee Legal Dept X
Finance Dept
Other
Fiscal Impact: None
Expenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget City Share Total Project..
SUMMARY OF ACTION: The penalty provisions in City Code Title I, Chapter 3, are amended in this
ordinance to update definitions, including Nuisances, and clarify civil and criminal violations and the
penalties thereunder.
STAFF RECOMMENDATION: Approve the ordinance revising and updating Renton City Code
Chapter 1-3,Remedies and Penalties.
Rentoanef/agnbill/bh
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING CHAPTER 1-3, REMEDIES AND PENALTIES, OF TITLE I
(ADMINISTRATIVE) OF ORDINANCE NO. 4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON"
BY CLARIFYING DEFINITIONS, NUISANCES, CIVIL AND CRIMINAL
VIOLATIONS,AND PENALTIES.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN
AS FOLLOWS:
SECTION I. Chapter 1-3, Remedies and Penalties, of Title I(Administrative)of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is
hereby amended to read as follows:
CHAPTER 3
REMEDIES AND PENALTIES
SECTION:
1-3-1: Criminal Penalties
1-3-2: Civil Penalties
1-3-3: Nuisances
1-3-4: Definitions
1-3-1 CRIMINAL PENALTIES:
A. Applicability and Penalties: Any person who shall:
1. commit any act declared by any of the provisions of the Renton Municipal
Code to be unlawful, or any unlawful act for which there is no stated penalty, or who shall fail to
comply therewith; or
2. violate or fail to comply with any order made thereunder; or
1
ORDINANCE NO.
3. use land or premises or construct in violation of any detailed statement of
specifications or plans submitted and approved thereunder, or any certificate or permit issued
thereunder, and from which no appeal has been taken; or
4. fail to comply with an order by such proper authority or by a court of
competent jurisdiction, within the time fixed herein; or
5. fails to perform any act or discharge any obligation or duty required by or
imposed upon him by any ordinance for which there is no stated penalty; shall severally, for each
and every such unlawful act, violation and noncompliance, respectively, be guilty of a
misdemeanor.
B. Violations: Any person convicted of a criminal violation of any section of the
Renton Municipal Code shall be punished in accordance with RCW 9A.20.021(3), as now or
hereafter amended, for misdemeanors. Whenever a specific penalty or range of penalties has
been established for a crime by the State Legislature and that crime has been incorporated into
the Renton Municipal Code, either directly or by reference,then the penalty ranges established
by the Legislature shall govern and this provision shall not be enforced.
C. Continuing Violation: Where any act which is of a continuing nature is forbidden
or declared to be unlawful, each day or portion of a day such duty or obligation remains
unperformed or such act continues shall constitute a separate offense.
D. Suspension Or Revocation Of Permits/Licenses: In addition to other penalties,
provided for elsewhere, the City may suspend or revoke a permit or license if it finds that the
applicant or permittee has not complied with any or all conditions or limitations set forth in the
permit, has exceeded the scope of work set forth in the permit, or has failed to undertake the
project in the manner set forth in the approved application.
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ORDINANCE NO.
1-3-2 CIVIL PENALTIES:
A. Purpose: The purpose of this section is to establish an efficient system to enforce
the Renton Municipal Code and ordinances of the City, to establish monetary penalties for
violations, and to provide for a prompt hearing and decision on alleged violations.
B. Authority To Inspect: A code enforcement officer and/or law enforcement officer
may inspect properties as necessary to determine whether permittees have complied with
conditions of the respective permits and, whenever there is reasonable cause to believe that a
permittee is in violation of the provisions as set forth in this Chapter, may request permission
from the owner or other person having possession, custody, or control of the premises to enter
upon such premises at reasonable times to inspect the same or to perform any other duty allowed
the code enforcement officer and/or law enforcement officer by the Renton Municipal Code. The
code enforcement officer and/or law enforcement officer, if requested by the owner or subject of
the enforcement action, shall present proper credentials to the owner or other person in charge of
the premises before requesting entry.
C. Violation Is Civil Infraction: Any person who commits a violation subject to civil
penalties, shall be guilty of a civil infraction on the first offense.
D. Subsequent Offense: Any person who commits a violation, as set forth in RMC 1-
3-2.C, within one year of a committed finding for a prior offense within the same Chapter of the
Renton Municipal Code, shall be guilty of a misdemeanor as set forth in RMC 1-3-1.
E. Costs And Monetary Penalties:
1. Additional Court Authority: The Renton Municipal Court may impose
costs in addition to the penalties set out below. The Court may likewise impose costs as a
condition of dismissal of an infraction.
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ORDINANCE NO.
2. Amount Of Penalty Per Day: The amount of the monetary penalty per day
or portion thereof for each violation shall be up to one hundred dollars($100.00)per day.
F. Continued Duty To Correct Violation: Payment of a monetary penalty pursuant to
this Chapter does not relieve a person of the duty to correct the violation as ordered by the
applicable department administrator or the Renton Municipal Court.
G. Contested Civil Infractions: Any contest in Renton Municipal Court of a civil
infraction, as set forth in RMC 1-3-2.C, shall be governed by the Infraction Rules for Courts of
Limited Jurisdiction(IRLJ) and the Renton Municipal Court Rules(RMCLR), as such court
rules may now or hereafter be amended.
H. Appeal To Superior Court: Any appeal of the decision of the Renton Municipal
Court for a civil infraction shall be governed by the Rules for Appeal of Decisions of Courts of
Limited Jurisdiction(RALJ), as such court rules may now or hereafter be amended.
I. Accrual Of Penalty: The City is authorized to collect the monetary penalty by use
of appropriate legal remedies. Seeking legal redress by the City shall neither stay nor terminate
the accrual of additional per diem monetary penalties so long as the violation continues.
J. Suspension Or Revocation Of Permits/Licenses: In addition to other penalties,
provided for elsewhere, the City may suspend or revoke a permit or license if it finds that the
applicant or permittee has not complied with any or all conditions or limitations set forth in the
permit, has exceeded the scope of work set forth in the permit, or has failed to undertake the
project in the manner set forth in the approved application.
1-3-3 NUISANCES:
A. Purpose: The purpose of this section is to establish a system to enforce the
development, land use, public health, safety, welfare and sanitation regulations or ordinances of
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ORDINANCE NO.
the City, whether under the rules, regulations or ordinances of the City of Renton or those
applicable to the City under the Seattle-King County Health Department rules, regulations or
ordinances. It is further the purpose of this section to provide an opportunity for a prompt
hearing and decision on alleged violations of these regulations, and to establish penalties for
violations, including abatement of any affected properties or nuisance as defined in RMC 1-3-4.
B. Declaration Of Nuisance: All violations of development, land use, public health,
safety, and welfare and sanitation rules, regulations or ordinances of the City of Renton or
Seattle-King County Health Department rules, regulations or ordinances are found and declared
to be detrimental to the public health, safety, and welfare and further found and declared to be
nuisances.
C. Voluntary Correction:
1. Applicability: This section applies whenever the applicable department
administrator or his or her designee or law enforcement officer determines that a nuisance has
occurred or is occurring.
2. General: The applicable department administrator or his or her designee or
law enforcement officer may attempt to secure voluntary correction by contacting the person
responsible for creating, maintaining or permitting the nuisance and, where possible, explaining
the violation and requesting correction. If the person responsible for the condition or nuisance is
a tenant, the City shall endeavor to also notify the owner of the property about the condition or
nuisance violation and the nature of that violation and request correction.
3. Issuance of Voluntary Correction Agreement: A voluntary correction
agreement may be entered into between the person responsible for creating, maintaining or
5
ORDINANCE NO.
permitting the violation or nuisance and the City, acting through the applicable department
administrator or his or her designee or law enforcement officer.
a. Content: The voluntary correction agreement is a contract between
the City and the person responsible for creating, maintaining or permitting the violation or
nuisance under which such person agrees to abate the violation or nuisance within a specified
time and according to specified conditions. The voluntary correction agreement shall include the
following:
(1) The name and address of the person responsible for
creating, maintaining or permitting the violation or nuisance; and
(2) The street address or other description sufficient for
identification of the building, structure, premises, or land upon or within
which the violation or nuisance has occurred or is occurring; and
(3) A description of the violation or nuisance and a reference to
the regulation which has been violated; and
(4) The necessary corrective action to be taken, and a date or
time by which correction must be completed; and
(5) An agreement by the person responsible for creating,
maintaining or permitting the violation or nuisance that grants consent for
the City to enter and inspect the premises without a warrant as may be
necessary to determine compliance with the voluntary correction
agreement; and
(6) An agreement by the person responsible for creating,
maintaining or permitting the violation or nuisance that the City may abate
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ORDINANCE NO.
the violation or nuisance and recover its costs and expenses(including,but
not limited to its attorney fees, expert witness fees, and court costs)and/or
a monetary penalty pursuant to this Chapter from the person responsible
for creating, maintaining or permitting the violation or nuisance if the
terms of the voluntary correction agreement are not fully satisfied; and
(7) An agreement that by entering into the voluntary correction
agreement, the person responsible for creating, maintaining or permitting
the violation or nuisance waives the right to contest the violation or
nuisance at a hearing before any court or hearing examiner under this
Chapter or otherwise, regarding the matter of the violation or nuisance
and/or the required corrective action.
b. Extension And Modification: An extension of the time limit for
correction or a modification of the required corrective action may be granted by the applicable
department administrator or his or her designee or law enforcement officer if the person
responsible for creating, maintaining or permitting the violation or nuisance has shown due
diligence and substantial progress in correcting the violation or nuisance, but unforeseen
circumstances delayed correction under the original conditions.
c. Abatement by the City: The City may abate the violation or
nuisance in accordance with subsection F of this section if the terms of the voluntary correction
agreement are not met.
d. Collection of Costs: If the terms of the voluntary correction
agreement are not met the person responsible for creating, maintaining or permitting the
violation or nuisance shall be assessed a monetary penalty commencing on the date set for
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ORDINANCE NO.
correction and thereafter,plus all costs and expenses of abatement, as set forth in subsection E.4
of this section.
D. Notice Of Civil Infraction or Criminal Citation:
1. Issuance:
a. When the applicable department administrator or his or her
designee or law enforcement officer determines that a violation or nuisance has occurred or is
occurring, the applicable department administrator or his or her designee or law enforcement
officer may issue a notice of civil infraction or criminal citation as authorized respectively by the
Renton Municipal Code to the person responsible for creating, maintaining or permitting the
violation or nuisance. If a tenant is responsible for the violation or nuisance, the City shall
endeavor to notify the owner about the violation or nuisance and the nature of the violation or
nuisance.
b. The applicable department administrator or his or her designee
or law enforcement officer may issue a notice of civil infraction or criminal citation as
authorized respectively by the Renton Municipal Code without attempting to secure voluntary
correction as provided in subsection C of this section under the following circumstances:
(1) When an emergency exists; or
(2) When a repeat violation occurs; or
(3) When the violation or nuisance creates a situation or
condition which cannot be corrected by voluntary correction; or
(4) When the alleged violator knows or reasonably should have
known that the action, situation or condition is in violation of a City rule,
regulation or ordinance; or
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(5) The alleged violator cannot be contacted or refuses to
communicate or cooperate with the City in correcting the violation or
nuisance; or
(6) When a violation or nuisance is punishable as a
misdemeanor under the Renton Municipal Code.
2. Collection Of Monetary Penalty:
a. The monetary penalty constitutes a personal obligation of the
person to whom the notice of civil infraction is directed. Any monetary penalty assessed must be
paid to the City within ten(10) calendar days from the date of mailing of the Renton Municipal
Court's decision or a notice from the City that penalties are due. Any such monetary penalty
shall further constitute a lien against the affected real property, in the manner as set forth in
subsection E.5 of this section.
b. The City Attorney or the Court is authorized to take appropriate
action to collect the monetary penalty.
E. Abatement by the City:
1. The City may abate a condition or nuisance which may be a civil
infraction or a criminal violation punishable as a misdemeanor when:
a. The terms of a voluntary correction agreement pursuant to
subsection C of this section have not been met; or
b. When a person responsible for creating, maintaining or permitting
the violation or nuisance fails or refuses to enter into a voluntary correction agreement pursuant
to subsection C of this section; or
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ORDINANCE NO.
c. A notice of civil infraction or a criminal citation has been issued
pursuant to subsection D of this section; or
d. The condition or nuisance is subject to summary abatement as
provided for in subsection E.2 of this section; or
2. Summary Abatement: Whenever any condition or nuisance constitutes an
immediate threat to the public health, safety or welfare or to the environment,the City may
summarily and without prior notice abate the condition. No right of action shall lie against the
City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such
immediate threats.
3. Authorized Action by the City: Using any lawful means, the City may
enter upon the subject property and may remove or correct the condition or nuisance which is
subject to abatement. The City may seek such judicial process as it deems necessary to effect the
removal or correction of such condition, violation or nuisance.
4. Recovery of Costs, Attorney's Fees and Expenses: The costs, including
incurred expenses of correcting the violation or nuisance, shall be billed to the person
responsible for creating, maintaining or permitting the violation or nuisance and the owner,
lessor, tenant or other person entitled to control or use the property and shall become due and
payable to the City within 10 calendar days following actual service or mailing by first class
mail. The term"incurred expenses" includes, but is not limited to personnel costs, both direct
and indirect and including any and all attorney's fees and litigation costs; costs incurred in
documenting the violation;hauling, storage and disposal expenses; and actual expenses and costs
of the City in preparing notices, specifications and contracts, and in accomplishing the correction
of the violation or nuisance and/or contracting and inspecting the work; and the costs of any
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ORDINANCE NO.
required printing and mailing. All such costs and expenses shall constitute a lien against the
affected property, as set forth in subsection E.5 of this section.
5. Lien Authorized: The City of Renton shall have a lien for any monetary
penalty imposed, the cost of any abatement proceedings under this Chapter, and all other related
costs including attorney and expert witness fees, against the real property where the work of
abatement was performed. The lien shall be subordinate to all previously existing special
assessment liens imposed on the same property and shall be superior to all other liens, except for
state and county taxes, with which it shall be on a parity.
a. A lien for any monetary penalty, the cost of abatement proceedings
under this Chapter, and all other related costs, including attorney and expert witness fees and
other costs of litigation, shall be filed for record with the King County Department of Records
and Elections or county auditor against the real property where the work of abatement was
performed. A lien under this Chapter shall be filed within ninety(90) days from the later of the
date that the monetary penalty is due or the date the work is completed or the nuisance abated.
b. The lien shall contain sufficient information regarding the notice of
civil infraction or criminal violation, as determined by the applicable department administrator or
his or her designee or law enforcement officer, a legal description of the property to be charged
with the lien and the owner of record, and the total amount of the lien.
c. Any lien under this Chapter shall be verified by the applicable
department administrator or his or her designee or law enforcement officer, and may be amended
from time to time to reflect changed conditions or monetary amount.
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ORDINANCE NO.
d. No liens filed under this Chapter shall bind the affected property
for a period longer than ten(10)years, without foreclosure or extension agreed to by the property
owner.
F. Abatement by Civil Lawsuit: Whenever a public nuisance exists, or voluntary
correction of a condition or nuisance has failed or when violations or a nuisance have continued
or when summary abatement is not merited, the City may proceed by a civil lawsuit in the King
County Superior Court to enjoin and abate the nuisance or condition in the manner provided by
Chapter 7.48 RCW, as now or hereafter may be amended. If the City obtains an order of
abatement, an injunction or a similar remedy, the City shall be entitled to recover all costs of
abatement set forth in RMC 1-3-3.E.4 and E.5, including but not limited to any monetary
penalties imposed,the City's costs of investigation,the City's costs of abatement, and the City's
costs of litigation, including expert witness fees, and attorney's fees.
G. Additional Enforcement Procedures: The provisions of this Chapter are not
exclusive, and may be used in addition to other enforcement provisions authorized by the Renton
Municipal Code or state law.
1-3-4 DEFINITIONS:
A. Definitions: As used in this Chapter, unless a different meaning is plainly
required:
1. "Abate" means to repair, replace, clean-up, remove, destroy or otherwise
remedy a condition or nuisance which constitutes a civil infraction or criminal violation under
the Renton Municipal Code or the rules, regulations or ordinances of the Seattle-King County
Health Department by such means, in such a manner, and to such an extent as the applicable
12
ORDINANCE NO.
department administrator or his or her designee, or law enforcement officer determines is
necessary in the interest of the general health, safety and welfare of the community.
2. "Act" means doing or performing something.
3. "Applicable department administrator or his or her designee or law
enforcement officer" means the City's chief operating officer or his or her designee, including
any department administrator or other designee, or law enforcement officer, empowered by
ordinance or by the City's chief operating officer to enforce a City ordinance or regulation.
4. "City Employee" means a regular, limited term, or hourly/nonregular
employee of the City of Renton as defined in Sections 5.1 and 5.3 of Policy and Procedure 300-
53 of Renton's Policy and Procedure Manual, as now or hereafter amended, and is a public
servant for the purposes of RCW 9A.76.175.
5. "Civil infraction" means a violation for which a monetary penalty but no
jail time may be imposed as specified in this Chapter. Each day or portion of a day during which
a violation occurs or exists is a separate violation.
6. "Criminal violation" means any violation of the Renton Municipal Code
which is punishable as a misdemeanor under the Renton Municipal Code.
7. "Code Compliance Inspector"or"Code Enforcement Officer" means any
employee(s)appointed by the applicable department administrator or his or her designee to
inspect for code violations and issue notices of civil infractions and/or criminal citations.
8. "Development"means the erection, alteration, enlargement, demolition,
maintenance or use of any structure or the alteration or use of any land above, at or below ground
or water level, and all acts authorized by a City regulation or ordinance.
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ORDINANCE NO.
9. "Emergency" means a situation which in the opinion of the applicable
department administrator or his or her designee or a law enforcement officer requires immediate
action to prevent or eliminate an immediate threat to public health, safety, or welfare of persons
or property.
10. "Material Statement" means a written or oral statement reasonably likely
to be relied upon by a public servant in the discharge of his or her official powers or duties.
11. "Misdemeanor" means any criminal violation punishable by up to 90 days
in jail and/or a$1,000 fine.
12. "Nuisance"(also referred to herein as"violation" or"condition" or
"nuisance violation") means but is not limited to:
a. A violation of any City of Renton development, land use, public
health ordinance or criminal violation of the Renton Municipal Code regulating such areas;
b. Doing an act, omitting to perform any act or duty, or permitting or
allowing any act or omission, which annoys, injures, or endangers the comfort, repose, peace,
health, safety or welfare of others, is unreasonably offensive to the senses, or which obstructs,
disrupts or interferes with the free use of property by any lawful owner or occupant or that is
unlawful under the Renton Municipal Code; or
c. The existence, without limitation, of any of the following
conditions:
(1) Trash Covered Premises: Any premises containing trash,
debris or abandoned materials, except that kept in garbage cans or
containers maintained for regular collection, see RMC 8-1-4.B, or litter,
garbage, refuse or rubbish on public or private property, see RMC 6-14;
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ORDINANCE NO.
(2) Dangerous Structures: Any dangerous, decaying, falling or
damaged dwelling, fence, or other structure;
(3) Potential Vermin Habitat Or Fire Hazard: Any
accumulation of material or debris on a property including, but not limited
to, animal matter, ashes, bottles, boxes, broken stone, building materials
which are not properly stored or neatly piled, cans, cement, crates, empty
barrels, dead animals or animal waste, garbage, glass, litter, mattresses or
bedding, old appliances or equipment or any parts thereof; furniture, iron
or other scrap metal, inoperable machinery or equipment, packing cases,
packing material, plaster, plastic, rags, wire, yard waste or debris or
overgrown or tall grass more than ten(10)inches in height, overgrown
plants or other objects which endanger property or public safety, or
constitute a fire hazard or vermin habitat; provided, that nothing herein
shall prevent the temporary retention of waste in approved, covered
receptacles;
(4) Junk Vehicles Or Abandonment Of Vehicles, see RMC 6-1;
(5) Attractive Nuisances: Any attractive nuisance which may
endanger or prove detrimental to children whether in or on a building or
structure, on the premises of a building or structure, on an occupied or
unoccupied lot, which is left in any place exposed or accessible to
children. This includes unused or abandoned refrigerators, freezers, or
other large appliances or equipment or any parts thereof; abandoned or
junk motor vehicles; any structurally unsound or unsafe fence or edifice;
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ORDINANCE NO.
any unsecured or abandoned excavation, pit, well, cistern, storage tank,
open crawl space, or shaft; and any lumber, trash, debris or vegetation
which may prove a hazard for minors;
(6) Obstructions To The Public Right-Of-Way Or Illegal Use
Of Public Property: Use of property abutting a public street or sidewalk or
use of a public street, undeveloped right-of-way, or sidewalk which causes
any obstruction to vehicular or pedestrian traffic or to open access to the
streets or sidewalks, including working on vehicles in the public right-of-
way except for emergencies and then only for such time as reasonably
necessary to solve such emergency and illegal parking of commercial
vehicles on public right-of-way in which all of the adjacent structures are
occupied as residential dwellings on the same side of the right-of-way as
the area for parking, per RMC 10-10-13; provided, that this subsection
shall not apply to events, parades, or the use of the streets or public rights-
of-way when authorized by the City. This section includes the existence of
drainage onto or over any sidewalk, street or public right-of-way, and the
existence of any debris or plant growth on sidewalks adjacent to any
property. This section applies to camping on public property except in a
designated camping area;
(7) Vegetation: Any noxious or toxic weed or uncultivated
plant, weeds or grass which may be a fire hazard, or any tree which is in
danger of falling and creates a substantial risk of damage or injury to
persons or property;
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ORDINANCE NO.
(8) Illegal Dumping: Dumping of any type by any person on
public or private property not registered as a legal dump site;
(9) Dumping in Waterways: Dumping, depositing, placing or
leaving of any garbage, ashes, debris, gravel, earth, rock, stone or other
material upon the banks, channels, beds or bars of any navigable water, or
the felling of any tree or trees, so that the same shall in whole or in part
project within the high water bank of any navigable watercourse, or the
casting, placing, depositing or leaving of any logs, roots, snags, stumps, or
brush upon the banks or in the bed or channel of any navigable stream,
except when part of habitat enhancement under auspices of a
governmental agency;
(10) Operation of premises where there is illegal manufacture of
liquor, or is maintained as a place for drunks, operated as an illegal
gambling house or as a drug house per Chapter 7.43 RCW, or which
constitutes a moral nuisance or house of prostitution;
(11) Animal Nuisances: Maintaining, harboring or keeping
animals which by frequent or habitual howling, yelping, barking or
making of other noises, unreasonably annoy or disturb a neighbor, keeping
of types or numbers of animals in violation of law, permitting the
accumulation of animal waste that is unhealthful or which creates
obnoxious odors, keeping of animals in conditions that are unhealthy to
the animals, humans or maintaining pests such as caterpillars, vectors,
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ORDINANCE NO.
vermin or wildlife on one's property, or allowing dogs to run at large per
RMC 6-6-5.C;
(12) Beekeeping: The existence of any bees, Africanized honey
bees, yellow jackets, hornets, or wasps that harbor in colonies, hives,
apiaries or nests which are not authorized by ordinance or statute and are
not in full compliance with Chapter 15.60 RCW or Chapter 16-602 WAC;
(13) Odors: The existence of any strong or offensive odor at the
property line including but not limited to rotting or decaying fish or
animals, rotting garbage, animal manure or strong chemical smells;
(14) Installing, creating or maintaining graffiti;
(15) Anything defined by RCW 7.48.140,Public Nuisance,
Chapter 7.48A RCW, Moral Nuisance, or which constitutes a
misdemeanor under RCW 9.66.010 or RMC 6-18-11;
(16) Operating a business without the requisite state or local
license or business license or operating in violation of code requirements
for that license, see RMC 5-5-3.0.5, 5-8-4, and 6-15-6;
(17) Violations of the Aquifer Protection Ordinance, RMC 4-9-
015;
(18) Violation of harbor regulations, Chapter 9-3 RMC;
(19) Violation of noise level regulations, Chapter 8-7 RMC;
(20) Violations of exterior,onsite lighting regulations in RMC
4-4-075;
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ORDINANCE NO.
(21) Installing, maintaining and/or using an outdoor visible light
or other source of illumination which is on private residential property and
produces direct illumination across an abutting residential property of such
intensity that it unreasonably interferes with the use or enjoyment of the
abutting residential property.
12. "Omission" means a failure to act.
13. "Person"means any individual, firm, association, partnership, corporation
or any entity, public or private.
14. "Person responsible for creating, maintaining or permitting the violation"
means any person who is in possession or control of property, whether as owner,tenant,
occupant, or otherwise.
15. "Repeat violation" means a violation of the same regulation, rule,
ordinance, chapter or section of the Renton Municipal Code or of the Seattle-King County
Health Department in any location by the same person, for which voluntary compliance
previously has been sought or a notice of civil infraction or a criminal citation has been issued,
within the immediately preceding twelve(12) consecutive month period.
SECTION IL This ordinance shall be effective upon its passage, approval, and
30 days after publication.
PASSED BY THE CITY COUNCIL this day of , 2006.
Bonnie I. Walton, City Clerk
19
ORDINANCE NO.
APPROVED BY THE MAYOR this day of , 2006.
Kathy Keolker,Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1226:12/12/05:ma
20
CITY OF RENTON COUNCIL AGENDA BILL
AI#:
Submitting Data: For Agenda of: January 23, 2006
Dept/Div/Board.. Police
Staff Contact Penny Bartley Agenda Status
Consent X
Subject: Public Hearing..
Occupational Health Services-Jail Inmate Health Care Correspondence..
Ordinance
Resolution
Old Business
Exhibits: New Business
Issue Paper Study Sessions
Copy of Contract Information
Recommended Action: Approvals:
Council Concur Legal Dept X..
Finance Dept
Other H/R Risk Management X
Fiscal Impact:
Expenditure Required... 167,970 Transfer/Amendment
Amount Budgeted 167,970 Revenue Generated
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
The City of Renton contracts with Occupational Health Services (OHS)from Valley Medical
Center for health services within the jail. The only change in the 2006 contract is a six percent
increase in the total contract amount.
STAFF RECOMMENDATION:
Approve the Occupational Health Services (OHS) 2006 contract for jail health services and
authorize the Mayor and City Clerk to enter into the agreement.
Rentonnet/agnbill/ bh
RENTON POLICE DEPARTMENT
MEMORANDUM
DATE: January 12, 2006
TO: Randy Corman, Council President
Members of the Renton City Council
Ir
VIA: --' Kathy Keolker, Mayor ; )t
FROM: Garry Anderson, Chief of Police '
STAFF CONTACT: Penny Bartley, Police Manager(XT 7565)
SUBJECT: Issue Paper—Occupational Health Services Contract
ISSUE: Should the City of Renton continue its contract with Occupational Health Services
(OHS) from Valley Medical Center for health services within the jail?
BACKGROUND: OHS has provided jail medical services since 1995. The contract provides
for 44 hours of nursing services and four hours of physician assistant services within the jail.
Additionally, we have 24-hour on-call services provided under the contract and a psychiatric
nurse practitioner available as well. The types of services that are provided under the contract
include physical examinations and screening of inmates, evaluation and treatment of chronic
health conditions, communicable disease control and prevention and medication management.
Inmates that need follow-up care or diagnostic services that aren't provided within the jail are
transported to OHS for evaluation and are billed in accordance with Exhibit A.
The only change in the 2006 contract is a six percent increase in the total contract amount. The
total amount for the 2006 contract is $167,970.
OHS is still working on being accredited by the National Correctional Health Services. They
anticipate completing this process in 2006.
STAFF RECOMMENDATIONS: The City of Renton Council concurs with the
recommendation of City Administration to approve the 2006 Occupational Health Services
Agreement and authorizes the Mayor and City Clerk to enter into the agreement.
OCCUPATIONAL HEALTH SERVICES AGREEMENT
City of Renton Police Department Jail
THIS AGREEMENT is made and entered into as of this day of ,
by and between the City of Renton (hereinafter the "City"), and Public Hospital District No.
1 of King County, a Washington municipal corporation d/b/a Occupational Health Services
(hereinafter "OHS").
PURPOSE
The purpose of this Agreement is for OHS to provide on-site health services at the
City of Renton Police Department Jail (hereinafter the "Jail) an approximately fifty (50) bed
unit, as well as various off-site health services for staff and inmates.
IN CONSIDERATION OF THE PROMISES AND MUTUAL COVENANTS HEREINAFTER
CONTAINED, IT IS HEREBY AGREED AS FOLLOWS:
1. Responsibilities of OHS.
A. Basic Contract Price Services. OHS agrees to provide the following
services for the agreed annual contract price of One Hundred Sixty Seven Thousand, nine
Hundred and Seventy Dollars ($167,970.00) for 1/01/2006 to 12/31/2006. (Exhibit A)
i. Routine on-site (i.e., at the Jail) services provided by a Registered
Nurse Forty-four (44) hours per week, and a Physician Assistant on-site up to Four (4)
hours per week (schedule to be arranged in advance by the parties). OHS has the sole
right, responsibility and authority to select and provide the staff needed to fulfill the terms
of this Agreement. During such scheduled visits, OHS shall provide physical examinations
at the Jail for inmates, and evaluation and treatment of inmates and police staff for minor
medical needs. On-site services shall include:
a. The cost of prescriptions shall be billed to the Jail.
b. Blood collection for inmates or as requested for law
enforcement purposes.
c. Office medical supplies used to provide the above
services.
Occupational Health Services Agmt.
City of Renton Police Department Jail
ii. Off-Site Services: Twenty-Four (24) hour, Seven (7) days per
week phone consultation service with a Registered Nurse and/or Physician Assistant. Such
telephone consultations are limited to the scope of practice of a Registered Nurse or a
Physician Assistant, respectively.
B. Services Not Included. Services not provided in the annual price set forth
above are additional services not described in Paragraph A, above, including but not limited
to hospitalization, emergency transportation and emergency room visits, physician visits, or
other specialty care.
C. Services in Addition to Basic Contract Price. OHS agrees to make
available the following services at the usual and customary price ("UCP") that OHS charges
for them. The services listed in Exhibit A are NOT included in the One Hundred Sixty
Seven Thousand, Nine Hundred and Seventy Dollars ($167,970.00) for 01/01/2006 to
12/31/2006 contract price. The UCPs are subject to periodic review and adjustment:
(Exhibit A)
Work-related treatment of Jail staff at the Occupational Health Clinics in Renton and
Auburn will be billed to L&I. Treatment for non-work related conditions will be billed to the
patient with payment expected from the individual patient, or some other entity on his/her
behalf (i.e., insurance).
D. Professional Qualifications and Liability Insurance. Staff provided by OHS
will meet all appropriate licensure requirements and will maintain professional liability
insurance coverage in an amount not less than Five Million Dollars ($5,000,000) per claim.
E. Indemnification/Hold Harmless. OHS shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of or resulting from
the acts, error or omissions of OHS in performance of this Agreement, except for injuries
and damages caused by the sole negligence of the City."
2. Responsibilities of Jail.
A. Liability. The Jail assumes all responsibility for any harm to OHS staff
while performing the duties specified in this Agreement, or while on-site for that purpose,
Occupational Health Services Agmt.
City of Renton Police Department Jail
when such harm is caused by negligence on the part of the City of Renton. OHS shall be
responsible for the direct medical care provided to staff and inmates pursuant to this
Agreement. OHS is not required to perform or pay any charges for ancillary services.
B. Medical Records/Consent. All medical records shall be the property of
OHS. The Jail is responsible for obtaining or providing the necessary medical consent for
the healthcare services provided herein.
C. Payment of Fees. The Jail agrees to pay a total of One Hundred Sixty
Seven Thousand, Nine Hundred Seventy Dollars ($167,970.00) in Twelve (12) monthly
installments of Thirteen Thousand Nine Hundred, Ninety Seven and 56/100's Dollars
($13,997.56) for the basic contract services outlined above. The Jail further agrees to pay
all charges incurred by the Jail for the ancillary services, not included in the basic annual
fee, outlined above.
OHS will send a detailed invoice each month, and payment shall be made within
Thirty (30) days following receipt of the invoice. In the event that the Jail fails to pay any
amount when due, the delinquent amount shall bear interest at the maximum rate of
interest allowable by law. Non-payment for services may result in termination of this
Agreement, at the discretion of OHS, upon Ten (10) days notice to the Jail.
D. Indemnification/Hold Harmless. The City shall defend, indemnify and hold
OHS, its officers, officials, employees and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of or resulting from
the acts, error or omissions of the City in performance of this Agreement, except for
injuries and damages caused by the sole negligence of the OHS."
3. Mutual Responsibilities and Miscellaneous Terms:
A. Term of Agreement/Termination. The term of this Agreement shall be
Twelve (12) months, commencing January 1, 2006 and ending December 31, 2006. The
Agreement shall automatically renew for Twelve (12) month periods on the anniversary
hereof. The parties shall discuss in good faith any price modifications on or near such
anniversary date.
Either party may terminate this Agreement at any time, without cause, by providing
the other party with at least Ninety (90) days written notice of its intentions. OHS shall be
Occupational Health Services Agmt.
City of Renton Police Department Jail
paid as provided hereunder for all services rendered and costs incurred to the date of
termination.
B. Confidentiality. Both parties agree that medical records will be handled in
accordance with Chapter 70.02 RCW, and will comply with all other existing Washington
State and federal confidentiality laws.
C. Dispute Resolution. Should any dispute or disagreement arise over the
terms of this Agreement or from the performance thereof, both parties agree to submit the
dispute to binding arbitration, in accordance with the rules of the American Arbitration
Association.
D. Attorney's Fees. If legal proceedings are instituted by either party in
connection with this Agreement, the party not prevailing agrees to pay the costs and
expenses of litigation, including reasonable attorney's fees of the prevailing party.
E. Assignment. Neither this Agreement nor any right or obligation arising
thereunder may be assigned or delegated by either party without the written consent of the
other, provided that health services required of OHS hereunder may be provided by OHS
contract providers. Nothing in this Agreement shall be construed to imply a joint venture,
principal, agent, or employer-employee relationship between the Jail and OHS.
F. Laws of the State. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
G. Primary Contacts. For the purposes of administering this Agreement, the
primary OHS contact person is Pat Vincent, Clinic Manager, or her successor. The primary
contact at the Jail is Penny Bartley, Police Manager.
Occupational Health Services Agmt.
City of Renton Police Department Jail
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
By OHS:
Kathy Keolker-Wheeler, Mayor Public Hospital District No. 1 of King County,
d/b/a Occup.tion I Health Services
By
Paul M. arson
ATTEST: Administrator, Clinic Services
By JAIL:
Bonnie Walton, City Clerk City of Renton Police Department Jail
By
Title:
Occupational Health Services Agmt.
City of Renton Police Department Jail
EXHIBIT A
FEE SCHEDULE
BASIC PROGRAM COMPONENTS FEE
Clinical Staff and Services
Registered/Licensed Nurse&Physician Assistant January 1,2006-December 31,2006
Malpractice Insurance $167,970
Trained clinicians for back-up/coverage
Medical Director Oversight
On-site services 48 hours/week
Injury and illness treatment services
14-day Health Appraisal Exam services(see lab fees below)
Administration of vaccinations&TB tests
Basic dental services,i.e.tooth blocking&pain relief
Triage System
Medication Administration
24 hour Telephone Consultation Services Included in annual rate
Access to clinical staff 24 hours/day,7 days/week
Telephone Consultation Guidelines
Policies/Procedures&Clinical Guidelines Included in annual rate
Operational Policies&Procedures
Clinical Protocols,Practice Parameters,&Triage Guidelines
Dental Services Usual and customary rates
Appointment Coordination Included in annual rate
Ongoing Medical Records Management Included in annual rate
Initial Photocopying of Records One time fee at usual and customary
rates
Insurance Billing Included in annual rate
Program Set-Up,Management&Medical Oversight Included in annual rate
Program Set-up
Recruiting,Hiring,Credentialing Staff
Training
Scheduling
Medical Records System
Operational Maintenance
Access to Medical Director and Clinic Director
Regular business hours
Quarterly Meeting Attendance
Ongoing Personnel Management
Problem-Solving
Identifying Service Gaps
Medical Oversight
Access to Medical Oversight
24 hours/day,7 days/week
Quarterly Meeting Attendance
Quality Assurance
Quality Improvement
Scope of Practice Monitoring
Referral Monitoring
CONTRACT FOR SERVICES-Sep 2005
CITY OF RENTON/VMC-OHS
EXHIBIT A
BASIC PROGRAM COMPONENTS(continued) FEE
Lab&Health Appraisal Tests
Blood Draw $15.00(off-site only)
CBC with Differential $12.00
Urine Collection $15.00(off-site only)
Urinalysis $11.00
Throat Culture $26.95
RPR $10.00
Dilantin Level $30.00
Chem Panel—19 $20.00
VDRL $17.00
TB Skin Test $12.00
Culture Specimen,Bacteria $18.00
Gram's Stain,Smear(Stain&Interpretation) $9.00
Pregnancy Test,Urine $11.00
Chlamydia $13.50
Trichomonas $8.00
All other general medical related tests Usual and customary rates
ADDITIONAL PROGRAM ELEMENTS FEE
Supplies&Medication Stocking No additional charge for inventory
monitoring. Actual goods billed at
OHS' cost.
Delivery of Medication
Daily Delivery of Prescription Medication(Monday-Friday) No additional charge
Weekend and Emergency Deliveries Arranged at a negotiated rate
Occupational and Employee Health Services
On-the-Job Injury Triage System No additional charge
On-site Employee Health Services To be priced at competitive rates but
Flu Shots provided on-site for convenience
TB Skin Test
Hepatitis B,Series of Three Injections(includes vaccine)
Hepatitis B,Injection only
Hepatitis B Titer
Hepatitis B Vaccine-Booster
Drug Screen,Collection and Lab Processing
Drug Screen,Collection Only
Medical Review Officer Services
Breath Alcohol Test
Breath Alcohol Test Confirmation
OPTIONAL SERVICES FEE
Transportation No additional charge for coordination
responsibilities
Services Not in Jail Health Service Guidelines
On-site Physician Services $150/hour
X-Ray Usual and customary rates
Urgent Care Services(available Monday-Friday,6:OOam-6:OOpm, OHS fee schedule(based on the Dept.
at OHS Renton,and 6:OOam-6:OOpm at OHS Auburn) of Labor and Industries fee schedule)
Emergency Services at VMC's Emergency Department Usual and customary rates
Psychiatric Services To be priced at competitive rates
CONTRACT FOR SERVICES-Sep 2005
CITY OF RENTON/VMC-OHS
CITY OF RENTON COUNCIL AGENDA BILL
AI#: 5. k
Submitting Data: Planning/Building/Public Works For Agenda of:
Dept/Div/Board.. Utility Systems Division/ January 23, 2006
Wastewater Utility
Staff Contact Mike Benoit(ext. 7206) Agenda Status
Consent X
Subject: Public Hearing..
Final Pay Estimate CAG 04-143 Correspondence..
2004 Lift Station Rehabilitation Project Ordinance
Contractor: R. L. Alia Company Resolution
Old Business
Exhibits: New Business
Final Pay Estimate Study Sessions
Notice Of Completion of Public Works Contract Information
Recommended Action: Approvals:
Council Concur Legal Dept
Finance Dept X
Other
Fiscal Impact:
Expenditure Required... $2,595.00(Final Pay Est.) Transfer/Amendment
Amount Budgeted $5,000 Revenue Generated
Total Project Budget $280,000 City Share Total Project..
SUMMARY OF ACTION:
The project was awarded on December 20, 2004. Construction was started on February 28, 2005
and was completed November 30, 2005. The original contract amount was $118,809.60 and the
final amount is $131,131.16. The increase in the final contract amount is due to the discovery of
buried debris during construction(concrete and old pilings) and additional work in the electrical
enclosure to meet code. Amount budgeted for the project was$280,000, which is enough to
cover the construction, engineering, and staff costs.
STAFF RECOMMENDATION:
Accept the project, approve the final pay estimate in the amount of$2,595.00, and release the
retainage in the amount of$6,026.24, after 60 days, subject to the receipt of all required
authorizations.
W:\WWP-27-2987 Lk Wash Flush Station Rehab\Agenda Bill Final Pay.doc\MABtp
TO: FINANCE DIRECTOR
FROM: PUBLIC WORKS ADMINISTRATOR
CONTRACTOR: R.L.Alia
CONTRACT NO. CAG-04-143 ESTIMATE NO. 5& Final
PROJECT: 2004 Lift Station Rehabilitation Project
1. CONTRACTOR EARNINGS THIS ESTIMATE $2,500.00
2. SALES TAX @ 8.80% $220.00
3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $2,720.00
4. EARNINGS PREVIOUSLY PAID CONTRACTOR $112,123.72
5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $2,375.00
6. SUBTOTAL- CONTRACTOR PAYMENTS $114,498.72
7. RETAINAGE ON PREVIOUS EARNINGS $5,901.24
8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $125.00
9. SUBTOTAL- RETAINAGE $6,026.24
10. SALES TAX PREVIOUSLY PAID $10,386.20
11. SALES TAX DUE THIS ESTIMATE $220.00
12. SUBTOTAL-SALES TAX $10,606.20
* (95%x LINE 1)
** (RETAINAGE:5%) GRAND TOTAL: $131,131.16
FINANCE DEPARTMENT ACTION:
PAYMENT TO CONTRACTOR(Lines 5 and 11):
ACCOUNT # 421/000400/018.5960.0035.65/045010(45410/5354) $2,595.00 # 5& Final
$2,595.00
RETAINED AMOUNT(Line 8):
ACCOUNT # 421/000400/018.5960.0035.65/045010(45410/5354) $125.00 # 5& Final
$125.00
TOTAL THIS ESTIMATE: $2,720.00
CHARTER 116, LAWS OF 1965
CITY OF RENTON CERTIFICATION
I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF ✓ 1
PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED.THE - ,.
1
SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED
HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID `
OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM '
AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CL
Signed: , r/
200
1`J A� 6
G
Printed On:01/11/2006 City of Renton Public Works Department Page 1
��Sy STATg O� State of Washington Reg.No.:UBI 600 149 378
, Department of Revenue
Audit Procedures&Administration Date:
' PO Box 47474
y4.1889
Olympia,Washington 98504-7474
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From: DEPARTMENT USE ONLY
City of Renton Assigned To
1055 S. Grady Way
Renton, WA 98055 Date Assigned
Notice is hereby given relative to the completion of contract or project described below.
Description of Contract 2004 Lift Station Rehabilitation
Contractor's Name R.L. Alia Company Telephone No. (425)226-8100
Contractor's Address 107 Williams Avenue South
Date Work Commenced Date Work Completed Date Work Accepted
February 28, 2005 November 30, 2005 January 23, 2006
Surety or Bonding Co. Hartford Fire Insurance Company
Agent's Address Parker, Smith& Feek
Carl Newman
2233 - 112th Ave NE
Bellevue, WA 98004
(425) 709-3600
Contract Amount: $109,200.00 Amount Disbursed: $125,104.92
Additions or Reductions: $11,324.96 Amount Retained: $6,026.24
Sales Tax: $10,606.20 Total: $131,131.16
Total $131,131.16
By
(Disbursing Officer)
Phone No:
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504-
7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND
until receipt of Department's certificate,and then only in accordance with said certificate.
FORM REV 31 0020(12-92)
W:\\W WP-27-2906\notcmplt-evls.doc\MABtp
i
CITY OF RENTON COUNCIL AGENDA BILL
Al#: s „
Submitting Data: For Agenda of:
Dept/Div/Board.. PBPW/Utility Systems January 23, 2006
Staff Contact Ron Straka, x7248 Agenda Status
Consent X
Subject: Public Hearing..
Springbrook Creek Wetland and Habitat Mitigation Correspondence..
Bank Agreements Concurrence Letter Ordinance
Resolution
Old Business
Exhibits: New Business
Issue paper Study Sessions
Agreements Concurrence Letter Information
Bank Mitigation Types Overview Map
Draft Agreements
Recommended Action: Approvals:
Refer to Utilities Committee Legal Dept X
Finance Dept X
Other
Fiscal Impact:
Expenditure Required... NA Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
The Surface Water Utility, in coordination with the Parks Division and Transportation Division,
is collaborating with the Washington State Department of Transportation (WSDOT) to create the
Springbrook Creek Wetland and Habitat Mitigation Bank(Bank), on property owned by the City.
The Bank would generate credits for both the City and WSDOT to use as mitigation for wetland
impacts resulting from construction projects. A concurrence letter between the City and WSDOT
has been prepared describing the various agreements associated with the Bank that are being
prepared for signatures. WSDOT is requesting Council approval of the concurrence letter to
confirm that the City is committed to signing the agreements associated with the Bank based upon
basic principles. The attached draft agreements are currently being developed and negotiated
with the regulatory agencies (Bank Oversight Committee). Once the completed agreements have
been reviewed and deemed acceptable by City staff and the City Attorney, they will be submitted
to the City Council for review and approval in late February or early March 2006.
STAFF RECOMMENDATION:
Approve the concurrence letter regarding the draft agreements associated with the City of
Renton/WSDOT Springbrook Creek Wetland and Habitat Mitigation Bank based upon current
basic principles and authorize the Mayor to sign the concurrence letter with WSDOT.
H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3170 Springbrook Creek Wetland and Habitat Bank\1200
Agreements\Agreements LOC Agreements LOC agenda bill.doc\RJStp
�ti`SY O PLANNINGBUILDING/
g- ® , PUBLIC WORKS DEPARTMENT
• MEMORANDUM
DATE: January 12, 2006
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: Kathy Keolker, Mayo
f
FROM: Gregg Zimmermaij inistrator
STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor, (ext. 7248)
SUBJECT: Springbrook Creek Wetland and Habitat Mitigation Bank
Agreements Concurrence Letter
ISSUE:
Should the Council approve the Washington State Department of Transportation
(WSDOT) concurrence letter for the agreements associated with the City of
Renton/WSDOT Springbrook Creek Wetland and Habitat Mitigation Bank and authorize
the Mayor sign the concurrence letter?
RECOMMENDATION:
Approve the Concurrence Letter for the following draft agreements associated with the
City of Renton/WSDOT Springbrook Creek Wetland and Habitat Mitigation Bank based
upon the current basic agreement principles.
• Bank Oversight Committee/Co-Sponsors Memorandum of Agreement
• Mitigation Banking Instrument
• City of Renton/WSDOT Springbrook Creek Wetland and Habitat
Mitigation Bank Agreement
• Conservation Easement
Authorize the Mayor to sign the Concurrence Letter for the pending agreements
associated with the City of Renton/WSDOT Springbrook Creek Wetland and Habitat
Mitigation Bank.
BACKGROUND SUMMARY:
The Surface Water Utility, in coordination with the Parks Division and Transportation
Division, is working with the Washington State Department of Transportation (WSDOT)
to establish the creation of the Springbrook Creek Wetland and Habitat Mitigation Bank
Corman/WSDOT Bank Letter
January 12,2006
Page 2 of 4
(Bank). WSDOT is seeking the establishment of the Bank as part of their Early
Environmental Investments Program and the I-405 improvement projects. The Bank
would provide credits for both the City and WSDOT to use as mitigation for wetland
impacts resulting from construction projects.
The Bank would be established on 131.54 acres of Renton owned property, located in the
Renton valley west of SR-167 and south of I-405 (See attached map). The Bank would
consist of creating, restoring and enhancing wetlands, riparian corridors, upland habitat
and wildlife habitat and corridors, which would result in improved water quality and
flood storage. The Bank will also account for future City infrastructure needs, like roads
and utilities. In addition, WSDOT has worked with the City's Parks Division to
incorporate the planned Springbrook Trail connection into the project, which would
provide for recreational and educational opportunities.
WSDOT and the City have been working over the last 16 months with the Bank
Oversight Committee (BOC), a group composed of representatives from the various
resource agencies including the US Army Corps of Engineers, Washington State
Department of Ecology, US Fish and Wildlife Services, and the Washington State
Department of Fish and Wildlife for approval of the Bank and to determine the number of
credits that will be generated by the Bank. It is currently anticipated that the 131.54-acre
site would provide a total of 45.69 mitigation credits. The BOC requires the approval of
the agreements that are listed in the attached concurrence letter.
WSDOT is requesting Council approval of the concurrence letter to confirm that the City
is committed to signing the agreements associated with the Bank based upon basic
principles. The agreements are currently being developed and negotiated with the BOC.
Once the agreements are completed and have been reviewed and deemed acceptable by
City staff and the City Attorney, they will be submitted to the City Council for review
and approval in late February or early March 2006.
AGREEMENTS AND BASIC PRINCIPLES:
The following is a listing of the various agreements that will have to be approved and
signed by all parties, along with the significant basic principles that are associated with
the agreements that the City is concurring with by approving the concurrence letter.
(1) BOC/Co-Sponsor Memorandum of Agreement. This agreement is with the agencies
that approve the Bank. The purpose of this Memorandum of Agreement (MOA) is to
establish guidelines and responsibilities for establishing, using, operating, and managing
the Bank. This is the legal document that establishes the bank in accordance with state
and federal regulations. The MOA references the Mitigation Bank Instrument as the
document that defines how the Bank will be operated.
(2) Mitigation Banking Instrument(MBI). The MBI describes the project design
concepts, the design rationale papers, restoration treatments, credit release schedule, and
H:\File Sys\SWP-Surface Water Projects\SWP-27- Surface Water Projects(CIP)\27-3170 Springbrook
Creek Wetland and Habitat Bank\1200 Agreements\Agreements LOC\Agreements LOC Issue
paper.doc\RJStp
Corman/WSDOT Bank Letter
January 12,2006
Page 3 of 4
site management plan. All agreements and easements are included in the MBI
appendices. The following are the significant basic principles included in the MBI:
A. 131.54 acres of City-owned land will be included in the Bank
B. Defines the restoration treatment types and the amount of wetland re-
establishment, rehabilitation and enhancement to be created in the Bank.
C. Establishes the performance standards that have to be achieved to allow the
release of credits from the Bank.
D. Establishes the number of credits that will be created by the Bank(currently 45.69
credits).
E. Recognizes the construction and future maintenance of the trail through a portion
of the Bank(Unit A only).
F. Defines the types of wetland impacts that can use credits from the Bank and how
the credits are debited from the Bank.
G. Establishes a short-term monitoring and site management period (10-years) and
long-term site management period for the Bank
H. Establishes a credit release schedule over a 10-year period based upon
achievement of performance standards.
I. Establishes site protection and management requirements including the recording
of a conservation easement that would prohibit the use of the properties in the
Bank from any other use in perpetuity.
J. Describes the long-term management guidelines for the Bank, which starts after
the initial 10-year period and will be the City's responsibility to perform.
(3) City/WSDOT Agreement. This agreement between the co-sponsors outlines the roles
and responsibilities of each co-sponsor for design, construction, site management, credit
share, and funding of the Bank. The following are the significant basic principles
included in the City/WSDOT Agreement:
A. The City agrees to dedicate 131.54 acres of City-owned land to be included in the
Bank through the recording of a conservation easement over the sites that
preclude the use of the sites for any other uses in perpetuity.
B. The City and WSDOT agree to abide by the MOA and the MBI requirements.
C. The City is responsible for funding the design, construction and maintenance of
the trail. If the City can acquire funding for trail construction, the trail
construction will be included in the WSDOT Bank construction contract. The
reduction in credits from the Bank due to the trail (0.89 credits) will come out of
the City's share of the credits in the Bank.
D. WSDOT and the City will equally share the number of credits that are created in
the Bank and approved by the BOC.
E. WSDOT will fund the design, permitting, easement acquisition(if needed) and
construction associated with the Bank.
F. WSDOT and the City will equally share in the cost for monitoring and site
management period of 20-years. The formal monitoring and short-term site
management period is the initial 10-year period following construction and will
last until all performance standards are achieved and all credits are released.
H:\File Sys\SWP- Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3170 Springbrook
Creek Wetland and Habitat Bank\1200 Agreements\Agreements LOC\Agreements LOC Issue
paper.doc\RJStp
Corman/WSDOT Bank Letter
January 12,2006
Page 4 of 4
WSDOT will perform the site monitoring and reporting. The long-term site
management period starts after the short-term site management period ends and
extends another 10 years. The City is responsible for performing any monitoring,
reporting and site management actions during the long-term site management
period and beyond.
G. WSDOT will receive the first credits released by the BOC to satisfy wetland
mitigation requirements for WSDOT funded projects in the Bank Service Area,
not to exceed 10 credits. The City will then receive the credits from subsequent
credit releases by the BOC (after performance standards are met) until the City
and WSDOT have equal shares, with the credit reduction for the trail included.
(4) Conservation Easement. The purpose of the conservation easement is to provide
protection of the Bank in perpetuity. The easement will be recorded in King County,
Washington to ensure that the site can never be modified without written consent of the
signatory agencies. By signing and recording of the conservation easement,the City
agrees that the Bank property will be held subject to the conditions of the BOC/Co-
Sponsor Agreement and the MBI, and in accordance with the restrictions contained in the
Conservation Easement.
SCHEDULE:
These formal documents associated with these agreements are currently being developed
and reviewed by WSDOT and City staff. The BOC is reviewing the second version of
the MBI and will be reviewing the MOA and the Conservation Easement within the next
two months. The formal agreements will be presented for Council review in February
and for Council approval in early March 2006. WSDOT needs the agreements approved
and signed by the middle of March as part of the Renton Nickel Project schedule.
CITY FUNDING:
Information regarding the City's costs associated with the Bank will be provided when
the formal agreements are presented for Council review and approval.
CONCLUSION:
Council should approve the concurrence letter with WSDOT for the agreements
associated with the Springbrook Wetland and Habitat Mitigation Bank and authorize the
Mayor to sign the concurrence letter.
Attachments
cc: Lys Hornsby, Utility Systems Director
Leslie Betlach,Parks Director
Keith Wooley,Transportation Engineer
H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3170 Springbrook
Creek Wetland and Habitat Bank\1200 Agreements\Agreements LOC\Agreements LOC Issue
paper.doc\RJStp
INTERSTATE
405 Corridor Program
Congestion Relief&Bus Rapid Transit Projects
Bellevue, WA 98004
Main 425-456-8500
Fax 425-456-8600
December 16, 2005
Gregg Zimmerman, Public Works Director
City of Renton
1055 South Grady Way
Renton, WA 98055
Dear Mr. Zimmerman:
Re: Concurrence Letter
Springbrook Wetland and Habitat Mitigation Bank:
Upcoming agreements for signature and approval by the Renton Mayor and City Council
The City of Renton (City) and the Washington State Department of Transportation (WSDOT) are
co-sponsors in developing the Springbrook Wetland and Habitat Mitigation Bank (Bank). The
mitigation design, prepared by the co-sponsors over the last several years, is now nearing 100-
percent completion (at the time of this letter, a 90-percent design review is underway).
The mitigation design includes developing 130 acres of Renton-owned property as a wetland
and habitat mitigation bank. The concept for the proposed Bank includes creating, restoring,
and enhancing wetland areas, riparian corridors, upland habitat, and wildlife habitat and
corridors. The proposed Bank accounts for future City infrastructure needs like roads and
utilities. The design also incorporates a planned Springbrook Trail connection.
The Bank is on a fast-track to begin construction. However, final Bank approval requires
numerous agreements between the co-sponsors and the Bank Oversight Committee (BOC).
These agreements are nearing final drafts for BOC review and signature. The goal is to have
the BOC signature, followed by co-sponsor signatures, in March 2006. As the agreements near
their final revisions in preparation for signature, I would like to clarify the upcoming agreements:
(1) BOC/Co-Sponsor Memorandum of Agreement. The purpose of this Memorandum of
Agreement is to establish guidelines and responsibilities for establishing, using, operating, and
managing the Bank. The Bank will be used for compensatory mitigation for unavoidable
impacts to waters of the United States, including wetlands, which result from activities
authorized under Section 404 and Section 401 of the Clean Water Act, and RCW ch. 90.48,
provided such use has met all applicable requirements and is authorized through valid permits
issued by the U.S. Army Corps of Engineers and the Washington State Department of Ecology,
and by other applicable authorities. This agreement summarizes components of the
WSDOT/City of Renton agreement and the Mitigation Banking Instrument (MBI). It also outlines
the responsibilities of the BOC. The U.S. Army Corps of Engineers is taking the lead on this
agreement to provide additional assurance and clarification of the MBI.
(2) Mitigation Banking Instrument(MBI). The MBI describes the project design concepts, the
design rationale papers, restoration treatments, credit release schedule, and site management
plan. All agreements and easements are included in the MBI appendices.
•
Gregg Zimmerman,Public Works Director
City of Renton
Page 2
December 16,2005
(3) City/WSDOT Agreement. This agreement between the co-sponsors outlines the roles and
responsibilities of each co-sponsor for design, construction, site management, credit share, and
funding of the Bank.
(4) Conservation Easement. The purpose of the conservation easement is to provide
protection of the Bank in perpetuity. The easement will be recorded in King County,
Washington to ensure that the site can never be modified without written consent of the
signatory agencies. By signing and recording of the Conservation Easement, the City agrees
that the Bank property will be held subject to the conditions of the BOC/Co-Sponsor Agreement
and the MBI, and in accordance with the restrictions contained in the conservation easement.
Concurrence
This project demonstrates a high level of cooperation between the City and WSDOT. As we
enter into final discussions of the various agreements, I want to confirm, by signing below, that
the City is comfortable with the draft agreement language sent to the BOC for its review and
signature. As Bank co-sponsors, the City and WSDOT agree to sign the agreements after
receiving BOC signatures as long as the BOC review and its potential changes to the
agreements do not alter the basic agreement principles. If the BOC does change the basic
agreement principles, the co-sponsors will work together expeditiously to find and/or negotiate
agreeable solutions with the BOC.
Sincerely,
Craig J. Stone, P.E; 1-405 Project Director
City of Renton Concurrence:
Kathy Keolker Date
Mayor, City of Renton
Attachments: WSDOT/City of Renton Springbrook Creek Wetland and Habitat Mitigation Bank
Agreement
MOU of Agreement Banking Oversight Committee/Co-Sponsors Springbrook
Creek Wetland and Habitat Mitigation Bank
Draft Copy—Conservation Easement
cc: Administrators Executive Committee members
City Design Team members
CJS:sct
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ono NODI tpt Nitigotion Bank
1 DRAFT
2
3 MEMORANDUM OF AGREEMENT
4 BANKING OVERSIGHT COMMITTEE/CO-SPONSORS
5 SPRINGBROOK CREEK WETLAND AND HABITAT MITIGATION BANK
6
7
8 This Memorandum of Agreement regarding the establishment, use, operation, and management
9 of the Springbrook Creek Wetland and Habitat Mitigation Bank(hereinafter, the Bank) is made
10 and entered into by and among Washington State Department of Transportation(hereinafter,
11 WSDOT) and the City of Renton(hereinafter, City), hereinafter collectively identified as the Co-
12 Sponsors, the U.S. Army Corps of Engineers (Corps), the Washington State Department of
13 Ecology(Ecology), the U.S. Environmental Protection Agency(EPA), the U.S. Fish and
14 Wildlife Service (FWS), Federal Highway Administration (FHWA), and the Washington State
15 Department of Fish and Wildlife(WDFW), with reference to the following:
16
17 I. PREAMBLE
18
19 A. Purpose: The purpose of this Memorandum of Agreement is to establish guidelines
20 and responsibilities for the establishment, use, operation,and management of the Bank. The
21 Bank will be used for compensatory mitigation for unavoidable impacts to waters of the United
22 States, including wetlands, which result from activities authorized under Section 404 and Section
23 401 of the Clean Water Act, and RCW ch. 90.48, the City's Critical Areas Ordinance No. 5137,
24 and any other applicable laws, provided such use has met all applicable requirements and is
25 authorized through valid permits issued by the Corps and Ecology, and by other applicable
26 authorities.
27
28 B. Location and Ownership of Parcel: Whereas, the City owns 131.54 acres of land
29 located near Springbrook Creek,in the City of Renton, King County, Washington. The Co-
30 Sponsors have developed a mitigation plan to re-establish 17.81 acres of wetland, rehabilitate
31 52.92 acres of wetland, enhance 33.61 acres of wetland, enhance 7.80 acres of upland and 6.88
32 acres of riparian upland adjacent to Springbrook Creek for a total of 119.02 acres within the
33 131.54 acres, all as further described in Section 1 of the Mitigation Bank Instrument(hereinafter,
34 Instrument) appended to, and hereby fully incorporated into, this Agreement.
35
36 C. Project Description: Whereas, pursuant to this Memorandum of Agreement, the Co-
37 Sponsors will restore and/or enhance 119.02 acres of aquatic and associated habitat in
38 accordance with the provisions of this Agreement and the Instrument, and shall then maintain the
39 Bank in such condition during the short-term management period (operational life) for a
40 minimum of a minimum of 10 years and, following the exhaustion of available mitigation credits
41 or termination of banking activity, and shall maintain the Bank for an additional long-term
42 management period of 10 years, in accordance with Chapter 5.0 of the Instrument. The Bank
43 area will provide mitigation treatment areas that will re-establish, rehabilitate, and enhance
44 wetlands and forested wetlands, and enhance both riparian upland and upland habitat, as detailed
45 in Section 2.6 of the Instrument.
46
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•
1 D. Baseline Conditions: Whereas, the Bank area is in the Green River Valley(valley),
2 which was formerly agricultural lands. Currently, the valley consists of commercial and
3 industrial development. The Bank area consists of five units totaling 131.54 acres that comprise
4 some of the last remaining tracts of undeveloped land in the area. Four of the five Bank units
5 include jurisdictional wetlands totaling 89 acres. The Bank unit with no wetlands is a 15-acre
6 site directly adjacent to Springbrook Creek. Additional baseline condition details on wetlands,
7 soils, hydrology, wildlife and habitat are contained in Section 1.14 of the Instrument.
8
9 E. Establishment and Use of Credits: Whereas, upon satisfaction of the performance
10 standards contained in the Instrument, credits will be determined in accordance with the
11 procedures outlined in this Agreement and the Instrument, presently projected to total 45.69
12 credits, and will be made available to be used as mitigation in accordance with all applicable
13 requirements for permits issued under Sections 401 and 404 of the Clean Water Act(33 U.S.
14 Code §§ 1341, 1344), Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. Code § 403),
15 and the Washington State Water Pollution Control Act(Chapter 90.48, RCW), and local City
16 and County Critical Areas Ordinances. The final number of acquired credits will be determined
17 in accordance with the procedures specified in Sections 4.1 and 4.3 of the Instrument, following
18 achievement of performance standards delineated in Chapter 3.0 of the Instrument, and released
19 for mitigation use pursuant toSections 4.2 and 4.3 and Table 4-3, of the Instrument.
20
21 F. Establishment and Use of Other Types of Compensatory Mitigation: Whereas, the
22 Co-Sponsors reserve the right to use the bank site to provide compensatory mitigation to offset
23 impacts to environmental elements other than wetlands including, but not limited to,
24 compensatory mitigation for flood storage and wetland and/or riparian buffer mitigation at the
25 bank site. Mitigation of these other environmental elements shall have no effect on the value or
26 number of credits established by the Instrument,provided that the compensatory mitigation will
27 not conflict with the provisions of the Instrument. Individual permit applications will be
28 provided to and approved by appropriate agencies to determine if compensatory mitigation for
29 unavoidable project impacts can be provided at the bank site. Compensatory mitigation for
30 floodplain impacts will be equally shared by the Co-Sponsors.
31
32 G. Bank Oversight Committee. Whereas, the Bank Oversight Committee (BOC)
33 consists of:
34 1. Chair: U.S. Army Corps of Engineers, Seattle District (Corps).
35 2. Chair: Washington Department of Ecology(Ecology).
36 3. U.S. Environmental Protection Agency, Region X(EPA).
37 4. U.S. Fish and Wildlife Service.5. Federal Highway Administration
38 6. Washington Department of Fish and Wildlife
39 7. City of Renton
40 8 Washington State Department of Transportation
41
42 The WSDOT will facilitate operation of the BOC by documenting all BOC discussions,
43 recommendations, and dissenting opinions in a written record. The WSDOT will distribute the
44 written record to each member of the BOC within thirty(30) days of each action of the BOC.
45
46 H. Disclaimer: Whereas, this Agreement does not in any manner affect statutory
47 authorities and responsibilities of the signatory parties. This Agreement is not intended, nor may
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1 it be relied upon,to create any rights in third parties enforceable in litigation with the United
2 States or the State of Washington.
3
4 II. AUTHORITIES
5
6 The establishment, use, operation and maintenance of the Bank is carried out in accordance with
7 the following authorities:
8 A. Federal:
9 1. Clean Water Act(33 USC §§ 1251 et seq.)
10 2. Rivers and Harbors Act(33 USC § 403)
11 3. Fish and Wildlife Coordination Act(16 USC §§ 661 et seq.)
12 4. Regulatory Programs of the Corps of Engineers, Final Rule (33 CFR Parts 320-
13 330)
14 5. Guidelines for Specification of Disposal Sites for Dredged and Fill Material (40
15 CFR Part 230)
16 6. Memorandum of Agreement between the Environmental Protection Agency
17 and the Department of the Army concerning the Determination of Mitigation Under the
18 Clean Water Act, Section 404(b)(1) Guidelines (February 6, 1990)
19 7. Federal Guidance for the Establishment, Use, Operation of Mitigation Banks
20 (60 F.R. 58605 et seq.)
21 8. Regulatory Guidance Letter No. 02-02, U.S. Army Corps of Engineers,
22 December 26, 2002
23
24 B. State of Washington:
25 1. Washington State Department of Transportation, Wetland Compensation Bank
26 Program,Memorandum of Agreement, September 15, 1994
27 2. Washington Water Pollution Control Act, RCW 90.48 et seq.
28
29 C. City of Renton
30 1. Critical Areas Ordinance 5137
31
32 NOW, THEREFORE, the parties agree to the following:
33
34 III. ESTABLISHMENT OF THE BANK
35
36 A. Scope of Work. The Co-Sponsors agree to perform all necessary work, in accordance
37 with the provisions of this Memorandum of Agreement, to re-establish, restore and enhance
38 aquatic and upland habitat and buffers until it is demonstrated to the satisfaction of the agencies
39 represented on the BOC (acting through the Chairs)that the project complies with all conditions
40 contained herein.
41
42 B. Permits. The WSDOT will obtain all appropriate environmental documentation,
43 permits or other authorizations needed to establish and maintain the Bank, prior to debiting any
44 mitigation credits. This Agreement does not fulfill the requirement, or substitute, for such
45 authorization. Prior to acquiring any mitigation credits pursuant to this Agreement, the WSDOT
46 must obtain a modification to the existing nationwide permit pertaining to the Bank site,
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1 expressly incorporating as a special condition the terms and provisions of this Agreement and the
2 Instrument.
3
4 C. Bank Establishment. Establishment of the Bank will be performed in phases as
5 described in Section 2 of the Instrument, and the credits will become available in accordance
6 with the procedures and schedules referenced in Articles IV.D. through IV.H. of this Agreement.
7 In the event the Co-Sponsors determine that modifications must be made in the Bank
8 development plan contained in the Instrument to ensure successful establishment of habitat
9 within the Bank, the Co-Sponsors shall submit a written request for such modification to the
10 BOC, through the Chairs, for approval. Documentation of implemented modifications shall be
11 made consistent with Article III.F. of this Agreement, and Section 3.2 of the Instrument.
12
13 D. Financial Assurance Requirements: The Co-Sponsors intend to satisfy their
14 obligations under this Agreement by obtaining sufficient funding to carry out all design,
15 development, monitoring, and site management responsibilities. The following financial
16 assurances are provided for the work described in this Agreement. Funding for Bank design,
17 construction, operation, monitoring, and a portion of site management is secured through the
18 2003 Transportation Funding Package for the WSDOT I-405 Corridor Program. The City is
19 providing the land in perpetuity and funding the trail construction and a portion of site
20 management. The City of Renton is a full service city with various financial resources that
21 include general fund revenues from taxes and fees and a Surface Water Utility enterprise fund
22 that is funded by Utility rates. The City can also issue bonds to fund capital improvements. The
23 revenue from the sale of the City's share of credits from the Bank will be secured in an account
24 set up specifically to fund all of the City's costs associated with the management of the Bank.
25 The funding will be used for the monitoring and required site management actions during the 20-
26 year monitoring period. Revenues in the account shall accumulate and be restricted to finance
27 costs associated with operating and managing the Bank. If the level of funding in the account is
28 insufficient, the City will seek additional funding through its periodic budget requests. The City
29 Parks Division is part of the City's Community Services Department and currently has an
30 established fund for the maintenance and repair of parks and trails within the City. The Parks
31 Division funding source would be used for the maintenance of the trail in the Bank. Funding
32 needed for Bank operation will be reviewed annually as part of the City's normal budget process.
33
34 E. Real Estate Provisions: The City agrees that the City's fee title to the Bank property
35 will be subject to a conservation easement established for the wetlands and habitat protection
36 purposes enumerated in Section 5.1.1 of the Instrument. The City agrees that the property will
37 be held subject to this Agreement and the Instrument and in accordance with the restrictions
38 contained in the aforesaid conservation easement. Throughout its ownership of fee title, the City
39 further agrees to adhere to, and to enforce against third parties, the terms and limitations of the
40 conservation easement as that easement exists on the effective date of this Agreement.
41
42 F. As-built Report. The WSDOT agrees to submit an as-built report for the Bank within
43 30 days following completion of the establishment of the Bank. The as-built report must
44 describe in detail any deviation from that described in the Instrument, and must show finished
45 grades, and surface and groundwater elevations, as appropriate.
46
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1 IV. OPERATION OF THE BANK
2
3 A. Service Area: The Bank is established to provide mitigation to compensate for
4 impacts to the Waters of the United States as shown in Figure 1-3 of the Instrument.
5
6 B. Access to the Bank Site. The Co-Sponsors will allow, or otherwise provide for,
7 access to the site by members of the BOC or their agents or designees, as reasonably necessary,
8 for the purpose of inspection, compliance monitoring, and remediation consistent with the terms
9 and conditions of this Agreement and the Instrument, throughout the period of Bank
10 establishment, short-term site management(operational life), and long-term site management.
11 Inspecting parties shall provide reasonable notice, of not less than 24 hours,to the Co-Sponsors,
12 prior to inspection of Bank, shall use their best efforts to consolidate access requirements for
13 BOC representatives, and shall not unreasonably disrupt or disturb activities on the property.
14
15 C. Projects Eligible to Use the Bank. All Co-Sponsors' activities regulated under
16 Section 10 of the Rivers and Harbors Act of 1899, and/or Sections 401 and 404 of the Clean
17 Water Act, and RCW ch. 90.48, and local City and County Critical Areas Ordinances located
18 within the Service Area of this Bank may be eligible to use the Bank as mitigation for
19 unavoidable impacts.
20
21 For projects requiring authorization through either a Nationwide Permit or Individual
22 Permit under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
23 Act of 1899,use of the Bank will be described in the permit application. Projects undertaken by
24 public or private entities other than the Co-Sponsors may also be eligible to utilize the Bank as
25 mitigation for unavoidable impacts,subject to regulatory approval.
26
27 The Bank will not be eligible for shoreline hardening projects in Lake Washington.
28
29 D. Project Objectives and Performance Standards: The criteria to be utilized by the
30 Corps and Ecology, in consultation with the BOC, in determining the Co-Sponsors'success in
31 meeting the Bank's designated objectives are contained in the performance standards delineated
32 in Section 3 of the Instrument.
33
34 E. Schedule of Credit Availability: Upon submittal by the Co-Sponsors of all
35 documentation required under Section 3.3 and Tables 3-1 through 3-4 of the Instrument, and
36 subsequent concurrence by the Corps and Ecology in consultation with the other members of the
37 BOC and with the Co-Sponsors that the performance standards have been achieved, it is agreed
38 that credits will become available for use by the Co-Sponsors. Upon attainment of each
39 particular performance standard, credits will be released for use by the Co-Sponsors in
40 accordance with the schedule delineated in Table 4-3 of the Instrument.
41
42 F. Conditions on Debiting: Credits may be released prior to the schedule expressed in
43 Table 4-3 of the Instrument, under exceptional circumstances not foreseen during the
44 development and implementation of the Bank, upon request by the Co-Sponsors and approval of
45 the BOC in accordance with the procedures, criteria, and limitations expressed in Section 4.3.1
46 of the Instrument.
47
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1 G. Accounting Procedure: The Co-Sponsors shall maintain a ledger of the credits that
2 are generated through the achievement of specified performance standards as well as credits that
3 are released and debited. The Co-Sponsors shall submit an annual ledger to all members of the
4 BOC, showing a cumulative tabulation of all transactions at the Bank to date, as specified in
5 Section 4.4 of the Instrument. The ledger shall be submitted in conjunction with the annual
6 monitoring report, until all credits are expended or the Co-Sponsors have informed the BOC that
7 banking activity has been terminated.
8
9 H. Credit Deficit: If the Corps and/or Ecology determine at any point that the Bank is
10 operating without prior written approval at a deficit, debiting of credits will immediately cease,
11 and the Corps and/or Ecology, in consultation with the BOC and the Co-Sponsors, will
12 determine what remedial actions are necessary to correct the situation and direct their
13 performance prior to the release of any additional mitigation credits.
14
15 I. Provisions For Use of the Mitigation Bank Area: The Co-Sponsors shall not:
16
17 1. Grant additional easements, rights of way,or any other property interest in or to
18 the project areas without the written consent of the Corps and Ecology, in consultation
19 with the BOC.
20 2. Use or authorize the areas within the Bank for any purpose other than those
21 specified in the Instrument which interferes with its conservation purposes.
22
23 V. MANAGEMENT AND MONITORING OF THE BANK
24
25 A. Management Provisions: The Co-Sponsors agree to perform all necessary work to
26 achieve and maintain the performance standards as specified in Section 3.2 of the Instrument.
27 The WSDOT will be responsible for activities conducted during the short-term management
28 (operational life) of the Bank, which shall also include, but not be limited to, the activities
29 detailed in Section 5.2 of the Instrument. The short-term management(operational life) of the
30 Bank shall extend following establishment of the Bank as described in Article III of this
31 Agreement, and terminate when the Bank complies with all performance standards expressed in
32 Section 3.2 of the Instrument, and all available credits are expended or the Co-Sponsors have
33 informed the BOC that all banking activity has been terminated.
34
35 B. Monitoring Provisions: The Co-Sponsors agree to perform all necessary work to
36 monitor the Bank to demonstrate compliance with the performance standards established in
37 Section 3.3 of the Instrument. Monitoring methods and activities are specified in Sections 3.3
38 and 4.5 of the Instrument, and as further amplified in Appendix A to the Instrument.
39
40 C. Reports: The Co-Sponsors shall submit to the Corps and Ecology, for distribution to
41 the other members of the BOC, monitoring reports describing the conditions of Bank and
42 relating those conditions to the project objectives and performance standards. Reports will
43 contain the information specified in, and be submitted in accordance with the schedule
44 established in, Sections 3.3 and 4.5 of the Instrument.
45
46 D. Remedial Actions: In the event the Bank fails to achieve on the specified date one or
47 more of the performance standards delineated in Section 3.3 of the Instrument, the Co-Sponsors
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1 shall develop and implement appropriate remedial and monitoring actions for the Bank pursuant
2 to the requirements specified for each ecological objective in Section 3.2 of the Instrument.
3 Prior to their execution,proposals for the remediation and monitoring activities shall be
4 submitted to the BOC via the Chairs. In the event the Co-Sponsors fail to implement necessary
5 remedial actions within the prescribed period, the BOC, following consultation with the Co-
6 Sponsors, may direct remedial, corrective, and/or sanctioning action in accordance with the
7 procedures specified in Section 3.3 of the Instrument for each ecological objective.
8
9 E. Default: Should the Corps and/or Ecology, in consultation with the BOC, determine
10 that the Co-Sponsors are in material default of any provision of this Agreement and the
11 Instrument, the Corps and/or Ecology may notify the Co-Sponsors that the debiting, sale, and/or
12 transfer of mitigation credits is suspended until the delineated deficiencies are rectified. Upon
13 written notification of suspension, the Co-Sponsors agree to immediately cease any debiting,
14 sale, or transfer transactions not yet finally completed, until informed by the Corps and/or
15 Ecology that debiting, sale, or transfer of credits may be resumed. Should the Co-Sponsors
16 remain in default for a period of 90 days, the Corps and/or Ecology, following consultation with
17 the BOC, may terminate this Agreement, the Instrument, and any subsequent banking operations.
18 Upon such termination, the Co-Sponsors agree to fulfill their pre-existing obligations to perform
19 all establishment, monitoring, management, and remediation responsibilities relating to credits
20 that were debited, sold, or transferred prior to termination.
21
22 F. Termination of Short-Term Site Management(Operational Life) of the Bank: At the
23 request of the Co-Sponsors, the BOC will perform a final compliance visit to evaluate whether
24 all performance standards have been satisfied. Upon determination that all performance
25 standards have been met, the Corps and Ecology will jointly issue a certification letter
26 confirming that the shortterm site management of the site is complete and that operational life of
27 the Bank has terminated, and that the period of long-term site management has commenced.
28
29 G. Long-Term Site Management: Upon termination of the short-term site management
30 of the Bank, the Co-Sponsors shall implement the long-term site management guidelines as
31 established in Section 5.2 of the Instrument and provide associated monitoring measures and
32 reports. The Co-Sponsors may only deviate from the approved Bank site management guidelines
33 expressed in the Instrument upon written approval of the Corps and Ecology, following
34 consultation with the Co-Sponsors and the BOC.
35
36 H. Transfer of Ownership of the Bank Site: The City agrees to retain fee ownership of
37 the Bank site throughout the short-term site management period. Following issuance of the
38 certification letter confirming that the short-term site management period is complete and that
39 the operational life of the Bank has terminated, the City may elect to transfer all or a portion of
40 its interest to a third party public natural resource agency or a non-profit conservation agency,
41 whose mission is consistent with the Bank objectives and the use limitations of the conservation
42 easement. The City agrees to take no action that would result in, or have the effect of,
43 nullification or extinguishment of the conservation easement. Approval of the BOC must be
44 obtained prior to any transfer of title; such approval may be withheld only upon a determination
45 by the BOC that the transferee holds insufficient financial resources to carry out the obligations
46 inherent in maintaining and enforcing the conservation easement. The City may transfer title or
47 other interest only following approval by the BOC of the transferee's financial assurances.
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1 Notwithstanding any transfer of interest to a third party, pursuant to reference IV.I.1 of this
2 Agreement, the Co-Sponsors shall retain ultimate responsibility for the timely performance of all
3 long-term site management responsibilities prescribed in Article V.G. of this Agreement.
4 Notwithstanding any transfer of interest to a third party, the City shall ensure that its successor
5 provides access to agents or representatives of the members of the BOC as provided in Article
6 IV.B. of this Agreement.
7
8 VI. RESPONSIBILITIES OF THE BOC
9
10 A. The agencies represented on the BOC agree to provide appropriate oversight in
11 carrying out provisions of this Agreement.
12
13 B. The agencies represented on the BOC agree to review and provide comments on all
14 required project plans, scheduled monitoring reports, contingency plans, remediation proposals,
15 and permits for the Bank construction and operation in a timely manner. As Chairs, the Corps
16 and Ecology will coordinate review with the members of the 130C so that comments will be
17 provided within a reasonable timeframe from the date of complete submittal.
18
19 C. The agencies represented on the BOC agree to review requests for modification of the
20 terms of the Instrument, for transfer of title and/or interest in the Bank, or for determination of
21 satisfaction of performance standards in order to evaluate the release of credits within each phase
22 of the Bank. As Chairs, the Corps and Ecology will coordinate review with the members of the
23 BOC so that approval is rendered or comments detailing deficiencies are provided within a
24 reasonable timeframe from the date of complete submittal. The Corps and the agencies
25 represented on the BOC agree to not unreasonably withhold or delay approval of such requests
26 for modification or determination.
27
28 D. The agencies represented on the BOC can conduct compliance inspections, at
29 necessary times as determined in consultation with the Co-Sponsors, to verify credits available in
30 the mitigation bank, evaluate achievement of performance standards, and recommend any
31 corrective measures, until the terms and conditions of the Instrument have been determined to be
32 fully satisfied or until all credits have been used, throughout the short-term management
33 (operational life) of the Bank.
34
35 E. Upon satisfaction of the requirements of Article V.F. of this Agreement, the Corps
36 and Ecology shall certify, following consultation with the Co-Sponsors and the BOC, that the
37 short-term site management period is complete and operational life of the Bank has terminated,
38 and that the period of long-term site management has commenced.
39
40 VII. OTHER PROVISIONS
41
42 A. Force Majeure: In the event of a natural catastrophe(such as flood, drought, disease,
43 wildfire, or regional pest infestation) that the Corps and Ecology, in consultation with the Co-
44 Sponsors and the BOC, determine is beyond the control of the Co-Sponsors to prevent or
45 mitigate, the Co-Sponsors may request and the Corps and Ecology, in consultation with the
46 BOC, may approve changes to the construction, operation, project objectives, performance
MOA Sprin2brook to City 1-I?-06 cican.docMOA S1pringbro k with all conitrientti l- -06:doc 8 of 1313
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1 standards, or crediting formula of the Bank, pursuant to the standards and procedures specified in
2 Section 5.3 of the Instrument. If said natural catastrophe were such that the purpose of the
3 Conservation Easement were impossible to accomplish, the Conservation Easement may be
4 terminated or extinguished, either in whole or in part, by mutual agreement of the Co-Sponsors
5 with approval of the BOC.
6
7 B. Decision Making by Consensus: The BOC will strive to achieve consensus regarding
8 issues that arise between the BOC and the Co-Sponsors pertaining to the establishment,
9 operation, maintenance, and management of the Bank. As Chairs, the Corps and Ecology shall
10 coordinate the review and oversight activities of the BOC so as to best facilitate opportunity to
11 reach the desired consensus. Review and oversight decisions shall take into account the views of
12 the Co-Sponsors to the maximum extent practicable. Where consensus cannot otherwise be
13 reached within a reasonable timeframe, following full consideration of the comments of the
14 members of the BOC and following consultation with the Co-Sponsors, the Corps holds the
15 responsibility and authority under Section 404 of the Clean Water Act, and Ecology holds
16 independent authority under Section 401 of the Clean Water Act and RCW ch. 90.48, to make
17 final decisions regarding the application of the terms of this Agreement and the Instrument.
18
19 C. Dispute Resolution: Resolution of disputes regarding application of this Agreement
20 shall be in accordance with those stated in the Federal Guidance for the Establishment, Use and
21 Operation of Mitigation Banks (60 F.R. 58605 et seq.,November 28, 1995).
22
23 D. Entry into Effect, Modification or Amendment, and Termination of the Agreement:
24 This Agreement will enter into effect on the date of signature by the authorized representative of
25 the Corps, Ecology, or the Co-Sponsors, whichever is later. This Agreement may be amended or
26 modified only with the written approval of the Co-Sponsors, Ecology, and the Corps, and any
27 such modifications or amendments will take effect following consultation with the BOC. This
28 Agreement may be terminated by the mutual agreement of the Co-Sponsors, Corps, and Ecology,
29 following consultation with the BOC,or under the terms of Article V.E. of this Agreement in the
30 case of default by the Co-Sponsors. Upon any such termination, the Co-Sponsors agree to fulfill
31 their pre-existing obligations to perform all establishment, monitoring, maintenance,
32 management, and remediation responsibilities relating to credits that were debited, sold, or
33 transferred prior to termination.
34
35 E. Specific Language of Agreement Shall Be Controlling: To the extent that specific
36 provisions of this Agreement change, modify, obviate or delete terms and conditions contained
37 in the Instrument or other documents that are incorporated into this Agreement by reference, and
38 that are not legally binding, the specific language within this Agreement shall be controlling.
39
40 F. Notice: Any notice required or permitted hereunder shall be deemed to have been
41 given either(i) when delivered by hand, or(ii) three (3) days following the date deposited in the
42 United States mail, postage prepaid, by registered or certified mail, return receipt requested, or
43 (iii) sent by Federal Express or similar next day nationwide delivery system, addressed as
44 follows (or addressed in such other manner as the party being notified shall have requested by
45 written notice to the other party):
46
MOA Springbrook to City 1-13-06 c1ean.docN .0 A Springbr<ek.....with all comments_l-9-06.doc 9 of 131 3
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•
1 Washington State Department of Transportation
2 Mitigation Banking Specialist
3 Environmental Services Office
4 Biology Branch
5 P.O. Box 47331
6 Olympia, WA 98504-7331
7 360-705-7406
8
9 U.S. Army Corps of Engineers, Seattle District
10 Mitigation Banking Specialist/Co-chair of the BOC
11 Regulatory Branch
12 Seattle District, Corps of Engineers
13 4735 E. Marginal Way South
14 P.O. Box 3755
15 Seattle, WA 98124-3755
16 206-764-3495
17
18 Washington State Department of Ecology
19 Mitigation Banking Specialist/Co-chair of the BOC
20 Shorelands and Environmental Assistance Program
21 PO Box 47600
22 300 Desmond Drive
23 Olympia, WA 98504-7600
24 360-407-7045
25
26 U.S. Environmental Protection Agency
27 Wetlands Mitigation Banking Specialist
28 Environmental Tribal and Public Affairs Office
29 ETPA-083
30 EPA Region 10
31 1200 6`h Ave
32 Seattle, WA 98101
33 206 -553-7369
34
35 U.S. Fish and Wildlife Service
36 Transportation Planning Branch Manager
37 510 Desmond Dr SE—Suite 102
38 Lacey, WA 98503-1263
39 360-753-6044
40 Washington State Department of Fish and Wildlife
41 Habitat Program Manager
42 600 Capitol Way North
43 Olympia, WA 98501-1091
44
45 Federal Highway Administration
46 Washington Division Administrator
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1 711 South Capitol Way, Suite 501
2 Olympia, WA 98501
3
4 City of Renton
5 Office of the Mayor
6 1055 S. Grady Way
7 Renton, WA 98055
8 425-430-6500
9
10 G. Entire Agreement: This Agreement, incorporating the provisions of the Instrument as
11 indicated, constitutes the entire agreement between the parties concerning the subject matter
12 hereof.
13
14 H. Invalid Provisions: In the event any one or more of the provisions contained in this
15 Agreement are held to be invalid, illegal or unenforceable in any respect, such invalidity,
16 illegality or unenforceability will not affect any other provisions hereof, and this Agreement
17 shall be construed as if such invalid, illegal or unenforceable provision had not been contained
18 herein.
19
20 I. Headings and Captions: Any paragraph heading or caption contained in this
21 Agreement shall be for convenience of reference only and shall not affect the construction or
22 interpretation of any provision of this Agreement.
23
24 J. Counterparts: This Agreement may be executed by the parties in any combination, in
25 one or more counterparts, all of which together shall constitute one and the same instrument.
26
27 K. Binding: This Agreement shall be immediately, automatically, and irrevocably
28 binding upon the Co-Sponsors and their heirs, successors, assigns and legal representatives upon
29 execution by the Co-Sponsors,Ecology, and the Corps, even though it may not, at that time or in
30 the future,be executed by the other potential parties to this Agreement. The execution of this
31 Agreement by representatives of members of the BOC shall cause the executing agency to
32 become a party to this Agreement upon execution, even though all or any of the other potential
33 parties have not signed the Agreement. Execution does not signify an agency's agreement with
34 the application of credits in the Springbrook Creek Mitigation Bank in connection with any
35 specific permit or project. Any of the BOC members, excepting the Corps and Ecology, may
36 terminate their participation in this Agreement upon 30 days written notice to all signatory
37 parties, without invalidating this Agreement or the Instrument.
38
39
MOA Spnngbrook rto City 1-13-06 c1Lan.docSpan hax>lk with all comments 1.9-0A:(10e 11 of I 3
2/17/2005
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date herein
2 below last written.
3
4 CO-SPONSORS
5
6
7 Megan White, P.E. Date
8 Director, Environmental Services
9 Washington State Department of Transportation
10
11
12 Kathy Keolker Date
13 Mayor
14 City of Renton
15
16
17 BANK OVERSIGHT COMMITTEE
18
19 By the BOC Chairs:
20
21
22 Debra M. Lewis Date
23 Colonel, Corps of Engineers
24 District Engineer
25
26
27 Gordon White Date
28 Program Manager for Shorelands and Environmental Assistance Program
29 Washington State Department of Ecology
30
31 By the BOC Members:
32
33
34 Ronald A. Kreizenbeck Date
35 Acting Regional Administrator
36 Environmental Protection Agency
37
38
39 Ken Berg Date
40 Manager, Western Washington Fish and Wildlife Office
41 U.S. Fish and Wildlife Service
42
43
44 Greg Hueckel Date
45 Assistant Director, Habitat Program
46 Washington State Department of Fish and Wildlife
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1
2 Daniel Mathis, P.E. Date
3 Washington Division Administrator
4 Federal Highway Administration
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SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 This Is Preliminary Draft Agreement Prepared By WSDOT For
2 Purposes Of Discussion With The City Of Renton.
3 The Conservation Easement (Appendix C) would precede this
4 Agreement in the Mitigation Bank Instrument.
5
6 APPENDIX "D"
7
8 GCA-XXXX
9 WSDOT/CITY OF RENTON SPRINGBROOK CREEK WETLAND
10 AND HABITAT
11 MITIGATION BANK AGREEMENT
12
13
14 This AGREEMENT defines the rights and responsibilities of the State of Washington,
15 Department of Transportation, herein referred to as (WSDOT), and the City of Renton,
16 King County, Washington, herein referred to as (CITY), regarding the restoration,
17 enhancement,preservation, and Short-Term and Long-Term Site Management and
18 monitoring of the Springbrook Creek Wetland and Habitat Mitigation Bank Site, herein
19 referred to as (SITE).
20
21 Pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, WSDOT and the CITY
22 are each authorized to enterinto this AGREEMENT. WSDOT may develop
23 environmental mitigation sites for transportation projects in advance of construction
24 pursuant to RCW Chapters 47.12.330 through 47.12.360. The CITY may develop wetland
25 banks pursuant to their Critical Areas Ordinance No. 5137. Ron...please confirm.
26
27 This AGREEMENT is incorporated into the Springbrook Creek Wetland and Habitat
28 Mitigation Bank Instrument as APPENDIX"D", by attachment. The Springbrook Creek
29 Wetland and Habitat Mitigation Bank Instrument, herein referred to as the
30 (INSTRUMENT), is the Master Agreement.
31
32 The INSTRUMENT is being signed concurrently by the principal parties to the
33 AGREEMENT; they are the CITY and WSDOT. Several Federal and State Agencies
34 oversee the operation and administration of the Springbrook Creek Wetland and Habitat
35 Mitigation Bank, herein referred to as the (BANK), for the protection of all of the agencies
tiortngbrook Orftft P t;>05 to City clean.doc,Ser tiF„rtt,r},> ;.:,,,, ' [4,responses and revis#oas doe to ,once•:o's-Pi e
Page 1 of,-::f:o pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 involved and for the benefit of the general public. These agencies are herein referred to as
2 the(SIGNATORY AGENCIES).
3
4 The SIGNATORY AGENCIES approve this AGREEMENT by signing the
5 INSTRUMENT. They are the US Army Corps of Engineers, US Environmental Protection
6 Agency, US Fish and Wildlife Service, Federal Highway Administration, Washington
7 Department of Ecology, and the Washington Department of Fish and Wildlife. One
8 representative of each of the SIGNATORY AGENCIES, plus one representative from the
9 CITY and one from WSDOT will be the members of the Bank Oversight Committee
10 (BOC). The chairs (CHAIRS)of the BOC shall be the US Army Corps of Engineers and
11 the Washington Department of Ecology.
12
13 For the purposes of exchange of services, supplies, and funds between parties under the
14 Interlocal Cooperation Act, it is acknowledged and agreed that each respective party will
15 receive certain intrinsic and realized benefits from the BANK. The relative value of such
16 services, supplies, and funds to be offered and received by each respective party under this
17 AGREEMENT has been determined by the parties to be of relative equal value.
18
19 The goal of the BANK is to improve ecological functions and values of the SITE by re-
20 establishing wetlands, rehabilitating and enhancing existing wetlands, enhancing water
21 regimes, enhancing riparian areas along Springbrook Creek, enhancing uplands, and
22 establishing protective buffers. When the SITE is restored and enhanced in an approved
23 manner, the increased value of the wetlands and uplands will be available for use by
24 WSDOT and the CITY.
25
26 WSDOT and the CITY will cooperate to restore, enhance, and preserve wetlands, enhance
27 riparian forest, and enhance upland buffer at the SITE located within the City of Renton.
28 In addition, to enhance the recreational and educational values unique to the SITE, the
29 CITY and WSDOT will cooperate in the development, design, and construction of a
30 pedestrian trail within Unit A of the SITE.
31
32 The SITE consists of five units, herein referred to as (UNIT). The legal descriptions for the
33 five UNITS are attached hereto and made a part hereof as Exhibit A. The CITY owns the
34 131.54-acre SITE. Ownership of the SITE shall not be altered by this AGREEMENT,
35 except to the extent covered by the Conservation Easement, herein referred to as the
36 (EASEMENT). The EASEMENT and INSTRUMENT are created and used for the
37 purpose of the long-term protection of the SITE. The EASEMENT will be recorded in
38 King County, Washington, to ensure that the SITE can never be modified without the
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Page 2 of.%Gri`,pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 written consent of SIGNATORY AGENCIES. The form of the EASEMENT is to be
2 incorporated into the INSTRUMENT and is attached hereto as Exhibit B.
3
4 It is the CITY'S desire to promote the construction of the SITE and to protect it following
5 its completion by conveyance of the EASEMENT.
6
7 The Springbrook Pedestrian Trail (TRAIL) is located in UNIT "A" and is identified as the
8 physical trail structure and other related elements, such as benches, interpretive signing,
9 and plantings within the 88 foot TRAIL zone. The CITY and WSDOT agree that WSDOT
10 will be the lead agency for design, permitting and construction of the TRAIL. The CITY
11 and WSDOT further agree that the CITY will provide funding for design, construction and
12 maintenance of the TRAIL. The CITY and WSDOT will develop a project scope and
13 budget for TRAIL design and construction, which will be approved by the CITY before the
14 STATE begins design of the TRAIL. The CITY and WSDOT acknowledge that future
15 amendments to this AGREEMENT may be necessary to address the specific scope(s) of
16 work and refined roles and responsibilities of the PARTIES related to design and
17 construction of the TRAIL.
18
19 Wetland Mitigation Credits, herein referred to as (CREDITS), represent the increased value
20 of the SITE due to improvements made to the SITE. The CREDITS will be available for
21 WSDOT and the CITY to use once they are released by the BOC. Available CREDITS
22 will be used to mitigate unavoidable wetland impacts associated with the building of future
23 transportation projects and other projects within the Service Area(SERVICE AREA) as
24 defined in the INSTRUMENT.
25
26 The actual total number of CREDITS associated with the BANK is 46.58; however, the
27 total number of CREDITS as described in the INSTRUMENT is 45.69, which reflects the
28 CREDIT reduction due to the TRAIL of 0.89 CREDIT. Therefore, the CITY'S share of
29 the CREDITS as described in the INSTRUMENT, after the TRAIL CREDIT reduction, is
30 22.40 CREDITS. WSDOT'S share of the CREDITS as described in INSTRUMENT is
31 23.329 CREDITS.
32
33 CREDITS will be released by the BOC from the BANK for use by WSDOT and the CITY
34 according to the terms of the INSTRUMENT. Upon signature of the INSTRUMENT,
35 WSDOT will receive the CREDITS necessary to satisfy wetland mitigation requirements
36 for projects within the SERVICE AREA funded by the 2003 and 2005 Legislative
37 transportation packages, not to exceed 10 CREDITS. The CITY will then receive
38 CREDITS until both WSDOT and the CITY have received an equal number of CREDITS.
ct,r_fcii)rooA Draft 1 13'16 to City cio3n tioeStrtnn,blool,{?raft 1 5 06 rr;sfx>rtsos dna:,:vnnorns dna to AA(.,comtnonyy floc
Page 3 of 2'1", pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 Once the CITY and WSDOT have received an equal number of CREDITS, all remaining
2 credits, other than the CITY's reduction due to construction of the TRAIL, will be equally
3 divided between the CITY and WSDOT.
4
5 The reduction to the CITY'S CREDITS due to construction of the TRAIL will be deducted
6 from the CITY's share in Year 1 and Year 5 of the INSTRUMENT'S Credit Release
7 Schedule, equal to 0.45 CREDITS in Year 1 and 0.44 CREDITS in Year 5.
8
9 In the event that either party has a funded project requiring additional CREDITS,that party
10 (PARTY 1) may request that the other party(PARTY 2) consider allocating a sufficient
11 number of their CREDITS to PARTY 1 for the funded project. PARTY 2 will consider the
12 reasonableness and give due consideration to PARTY l's request; if PARTY 2 agrees with
13 the request, PARTY 1 will receive the necessary CREDITS from PARTY 2. PARTY 1
14 will receive no more CREDITS until PARTY 2's total CREDITS equals the number of
15 total CREDITS received by PARTY 1. The parties will enter into a supplement to this
16 AGREEMENT to record the details of any CREDIT allocation agreement.
17
18 WSDOT and the CITY will manage their own CREDITS. Each party will maintain a
19 ledger of CREDITS acquired through the achievement of specified performance standards
20 and CREDITS that are released and debited. The CITY and WSDOT agree to inform the
21 other party of any details related to CREDIT debiting prior to the CREDITS being debited.
22 The CITY and WSDOT will meet annually to review and prepare the master ledger for
23 submittal to the SIGNATORY AGENCIES as required by the INSTRUMENT. The
24 master ledger shall show a cumulative tabulation of all transactions at the BANK to date,
25 as specified in the INSTRUMENT. WSDOT will submit the ledger in conjunction with
26 the annual monitoring report, until all CREDITS are expended or WSDOT and the CITY
27 have mutually agreed to inform the BOC that banking activity has been terminated.
28
29 The CITY and WSDOT reserve the right to use the SITE to provide compensatory
30 mitigation to offset impacts to environmental elements other than wetlands including, but
31 not limited to, compensatory mitigation for flood storage and wetland and/or riparian
32 buffer mitigation at the BANK SITE. Mitigation of these other environmental elements
33 shall have no effect on the value or number of CREDITS established by the
34 INSTRUMENT, provided that the compensatory mitigation will not conflict with the
35 provisions of the INSTRUMENT. Individual permit applications will be provided to and
36 approved by appropriate agencies to determine if compensatory mitigation for unavoidable
37 project impacts can be provided at the SITE. Compensatory mitigation for floodplain
38 impacts will be equally shared by the CITY and WSDOT.
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Page 4 of 202& pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1
2 It is acknowledged and agreed that it is in the best interest of WSDOT and the CITY to
3 enter into this AGREEMENT and to provide for the specific actions as noted within the
4 INSTRUMENT, the AGREEMENT, and the EASEMENT.
5
6 Therefore, the CITY and WSDOT understand and agree as follows.
7
8
9 1. OBLIGATIONS, RIGHTS,AND RESTRICTIONS - All Parties
10
11
12
13 1.1 By signing this AGREEMENT, the INSTRUMENT and the recording of the
14 EASEMENT, WSDOT and the CITY certify that the funds necessary for satisfying each
15 party's obligations associated with this AGREEMENT have been budgeted or will be
16 budgeted to allow the implementation of the BANK immediately following the signing of
17 the AGREEMENT, the INSTRUMENT and the recording of the EASEMENT.
18
19 1.2 WSDOT shall be the lead agency for implementation of the wetland restoration and
20 enhancement activities. WSDOT shall fund the cost of design and any easements for
21 hydraulic connection and site management access for all elements of the project, and shall
22 fund construction of all elements, other than the TRAIL. The CITY shall fund construction
23 of the TRAIL.
24
25 1.3 WSDOT shall be the lead agency for the Short-Term Site Management Period,
26 which includes both Formal and Informal Monitoring of the BANK, as described in
27 Section 4.5 of the INSTRUMENT. The Short-Term Site Management Period will
28 commence at acceptance of the contract planting and continue for the next 10 years or until
29 all performance standards described in the INSTRUMENT have been met, and all credits
30 released, whichever occurs later. Any costs incurred during the Short-Term Management
31 Period will be shared equally between WSDOT and the CITY.
32
33 1.4 The CITY shall be the lead agency for the Long-Term Site Management Period,
34 which begins at the conclusion of the Short-Term Site Management Period. Long-Term
35 Site Management does not include Formal Monitoring,but only Informal Monitoring of the
36 BANK as described in Section 4.5 of the INSTRUMENT. Any costs incurred during the
37 Long-Term Site Management Period will be shared equally between WSDOT and the
38 CITY.
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Page 5 of 7020 pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1
2 1.5 WSDOT and the CITY will review and approve the scope of work and cost estimate
3 for all Site Management actions and all monitoring prior to work being performed.
4
5 1.6 During the Short and Long-Term Site Management Periods, WSDOT and the CITY
6 will review the monitoring reports and, if necessary, arrange for an annual joint site
7 inspection to evaluate whether additional actions (such as replanting) are needed to meet
8 performance standards. This information will be used during development of an annual
9 work plan(PLAN).
10
11 For the duration of this AGREEMENT, the CITY and WSDOT will jointly develop an
12 annual work plan; the PLAN will identify work elements and costs associated with
13 required monitoring and/or any other additional work necessary to meet performance
14 standards during the subsequent calendar year. If, in order to meet performance standards,
15 the BOC mandates work that is not included in the PLAN, the CITY and WSDOT will
16 equally share the cost of this mandated work.
17
18 During the Short Term Site Management Period, WSDOT will invoice the CITY for the
19 CITY's share of costs associated with the PLAN or any BOC-mandated work. Invoices
20 will be sent to the CITY at:
21
22 City of Renton
23 Surface Water Utility
24 Attn: Utility Engineering Supervisor
25 1055 South Grady Way—5th Floor
26 Renton, WA 98055
27
28 During the Long Term Site Management Period,the CITY will invoice WSDOT for
29 WSDOT's share of costs associated with the PLAN or any BOC-mandated work. Invoices
30 will be sent to WSDOT at:
31
32 Washington State Department of Transportation
33 Urban Corridors Office
34 Environmental Services Director
35 401 —2nd Avenue South, Suite 560
36 Seattle, WA 9898104-3850
37
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Page 6 of 2 020 pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 The CITY and WSDOT shall not make any change, disturbance, alteration, or impairment
2 within the SITE, except as provided herein, which shall materially damage the
3 conservation values of the SITE.
4
5 1.7 WSDOT will be responsible for obtaining all necessary permits. The CITY will be
6 the permitting agency for CITY Public Works Construction Permit and Shoreline Permit
7 and will work toward processing these permits within the scheduled timelines.
8
9 1.8 The CITY will be included as part of the internal review within the QA/QC process
10 for the bank design. WSDOT will consider CITY comments and, when appropriate, revise
11 the design to incorporate these comments as well as address comments that are not
12 incorporated into the design.
13
14 1.9 The CITY will have the opportunity to review and approve the TRAIL design prior
15 to advertisement for construction. WSDOT will revise the design to incorporate any CITY
16 comments, providing the comments are consistent with the INSTRUMENT.
17
18 1.10 Short-Term and Long-Term Site Management shall be limited to those activities
19 that will enhance the SITE in accordance with the intent and purposes of this
20 AGREEMENT and requirements found in the INSTRUMENT. During the Short Term
21 and Long Term Site Management Periods,the CITY and WSDOT shall perform all
22 required management activities in accordance with the requirements of the
23 INSTRUMENT.
24
25 1.11 WSDOT is responsible for monitoring during the Short-Term Site Management
26 period as outlined in the INSTRUMENT. WSDOT will provide the CITY with copies of
27 all monitoring reports.
28
29 1.12 The completion of the restoration and enhancement work of the project and the
30 beginning of Short-Term Site Management Period will be signified by a letter so stating
31 from WSDOT to the CITY with copies to the SIGNATORY AGENCIES. The
32 SIGNATORY AGENCIES will have the continuing right to access the SITE with
33 permission from the CITY until all CREDITS have been withdrawn from the BANK. The
34 CITY and WSDOT will notify each other in advance of all site visits with SIGNATORY
35 AGENGIES so that the other party may have the option of attending.
36
37 1.13 At the completion of the Short-Term Site Management Period WSDOT shall
38 transfer the project to the CITY to begin the Long-Term Site Management Period. A letter
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Page 7 of 2020 pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 from WSDOT to the CITY shall signify such transfer. The CITY shall acknowledge
2 receipt and agreement with the transfer, provided that all Formal Monitoring and Short-
3 Term Site Management requirements have been satisfied.
4
5 1.14 This AGREEMENT shall be in effect until the completion of the Long Term Site
6 Management Period.
7
8 1.15 The term of this AGREEMENT relating to the right of entry by WSDOT, its agents
9 or assigns, upon lands controlled by the CITY to fulfill its obligations related to the
10 INSTRUMENT shall be in effect for the full term of this AGREEMENT, unless WSDOT
11 and the CITY mutually agree in writing to terminate the Banking activity and each party
12 has equal CREDITS available for debiting from the BANK.
13
14 1.16 The term of the AGREEMENT relating to the interlocal exchange of services,
15 supplies and funding of restoration and enhancement and Short and Long-Term Site
16 Management of the Bank shall be in effect until completion of the Long-Term Site
17 Management Period.
18
19 1.17 The CITY will control access to the TRAIL, as identified in the INSTRUMENT, to
20 prevent damage to the environment, vegetation, and habitat within the SITE. The TRAIL
21 will include observation areas open to the public during normal CITY Parks operation
22 hours.
23
24 1.18 WSDOT and its contractors will have access to the SITE as needed for the purpose
25 of construction, monitoring, and Short-Term Site Management. WSDOT agrees to meet
26 with the CITY during construction to provide progress updates; the CITY and WSDOT
27 will determine the frequency of these meetings prior to the start of construction. During
28 the Short-Term Site Management period, WSDOT will provide 24-hr notice prior to
29 performing any work that reduces access to the TRAIL.
30
31 1.19 All aspects of the AGREEMENT may be modified, amended, deleted, or revised
32 only by written mutual agreement by WSDOT and the CITY and the SIGNATORY
33 AGENCIES to the INSTRUMENT. No obligations of any party to this AGREEMENT
34 may be transferred or assigned to a third party without the prior written consent of the
35 CITY, WSDOT and the SIGNATORY AGENCIES, which consent shall not be
36 unreasonably withheld, conditioned, or delayed.
37
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Page 8 of 2020 pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 1.20 Provided that the conditions below are met, the removal of trees is allowed only for
2 the following purposes; controlling disease; protecting persons or property from hazards of
3 falling trees or branches; and/or maintaining existing trails and viewing platforms. The
4 conditions below apply to both living and standing dead trees:
5 a. Tree and limb removal must be conducted using Best Management Practices
6 including stringent protection of soils, vegetation and wildlife habitat;
7 b. Any tree removal involving more than three trees in a year must be consistent
8 with the terms of the INSTRUMENT;
9 The following actions are subject to prior approval by mutual agreement between WSDOT
10 and the CITY during the Short-Term and Long-Term Site Management periods: the
11 removal of any tree, removal of any large stands of trees, and the removal of any large
12 standing dead trees.
13
14 1.21 If either party has reason to believe that a violation of the INSTRUMENT, the
15 AGREEMENT, or the EASEMENT is occurring or is threatened, for the purpose of
16 enforcing the provisions of the INSTRUMENT, the AGREEMENT, or the EASEMENT,
17 they will notify the other party either in writing or by an electronic message notice.
18
19 1.22 Each party shall indemnify and hold the other party, and their agents, employees,
20 and/or officers, harmless from and shall process and defend at its own expense any and all
21 claims, demands, suits, at law or equity,actions,penalties, losses, damages, or costs of
22 whatsoever kind or nature, brought against the other party arising out of, in connection
23 with, or incident to the indemnifying party's performance or failure to perform any aspect
24 of this AGREEMENT; provided, however that if such claims are caused by or result from
25 the concurrent negligence of two or more parties, their agents, employees, and/or officers,
26 this indemnity provision shall be valid and enforceable only to the extent of the negligence
27 of the indemnifying party; and provided further, that nothing herein shall require the party
28 to hold harmless or defend the other parties, their agents, employees, and/or officers from
29 any claims arising from the sole negligence of the other parties, their agents, employees,
30 and/or officers. No liability shall attach to the other parties by reason of entering into this
31 AGREEMENT except as expressly provided herein.
32
33 The indemnification obligations set forth in this section shall survive the expiration or
34 earlier termination of this AGREEMENT.
35
36 For the purposes of this AGREEMENT only, each of the parties hereto specifically and
37 expressly waives, with respect to the other, its immunity and limitation on liability under
.n< f. j t 3 rut t�' t�� f s,--ik yc, d re rti, t �r,. -u-
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Page 9 of 2O2)pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 any industrial insurance legislation including but not limited to Title 51 RCW, and
2 acknowledges that this waiver was specifically entered into after mutual negotiation.
3
4 1.23 A representative to be designated by each principal agency administrator will be
5 responsible for the timely sharing and/or exchange of any or all documentation related to
6 the restoration and site management, and funding and monitoring responsibilities under the
7 AGREEMENT. Such designated representative may be changed from time to time.
8 Written authorization to represent an agency will be provided to the other agency in a
9 timely manner by the agency administrator.
10
11 1.24 In the event a dispute arising out of the conduct of this AGREEMENT, the CITY
12 and WSDOT will use the disputes resolution process identified in the Memorandum
13 of Understanding between the CITY and WSDOT dated September 27, 2004, which
14 is hereby incorporated by reference. If the dispute cannot be resolved using this
15 process, the CITY and WSDOT shall acknowledge impasse. Within thirty(30) days
16 after acknowledging impasse, the dispute shall be determined by a dispute board in
17 the following manner: Each party to this AGREEMENT shall appoint a member to
18 the dispute board. The members so appointed shall jointly appoint a third member
19 to the dispute board. The third member shall not be an employee of, or be affiliated
20 in any way with either of the two parties to this AGREEMENT. The dispute board
21 shall hold hearings to evaluate the facts,contract terms, and applicable statues and
22 rules.
23
24 After the hearings are concluded, the dispute board shall meet in private and reach a
25 conclusion supported by two or more members. Its findings and recommendations,
26 together with its reasons shall then be submitted as a written report to both parties. The
27 recommendations shall be based on the pertinent contract provisions and facts and
28 circumstances involved in the dispute.
29
30 The dispute board should make every effort to reach a unanimous decision. If this proves
31 impossible, the dissenting member may prepare a minority report.
32
33 Although both parties should place weight upon the dispute board's recommendations, they
34 are not binding. Either party may appeal a recommendation to the dipute obard for
35 reconsideration. However, if the dispute board's recommendations do not resolve the
36 dispute, the written report, including any minority report, may be admissible as evidence in
37 any subsequent litigation.
38
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Page 10 of 2020 pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 It is not desirable to adopt hard and fast rules for the functioning of the dispute board. The
2 entire procedure should be kept flexible so that it can adapt to changing situations.
3
4 1.25 After completion of the Short-Term and Long-Term Site Management Periods, the
5 CITY, its successors and assigns, shall have the responsibility and obligation to identify,
6 protect, and preserve in perpetuity the conservation value of the SITE.
7
8 1.26 In the event of a natural catastrophe (such as flood, drought, disease, wildfire, or
9 regional pest infestation) that the CHAIRS, in consultation with the CITY, WSDOT and
10 the BOC, determine is beyond the control of the CITY and WSDOT to prevent or mitigate,
11 the CITY and WSDOT may request and the CHAIRS, in consultation with the BOC, may
12 approve changes to the construction, operation, project objectives,performance standards,
13 or crediting formula of the BANK, pursuant to the standards and procedures specified in
14 Section 5.3 of the INSTRUMENT. If said natural catastrophe were such that the purpose
15 of the EASEMENT were impossible to accomplish, the EASEMENT may be terminated or
16 extinguished, either in whole or in part,by mutual agreement of the CITY and WSDOT
17 with approval of the BOC.
18
19 1.27 If ever all or part of the SITE is taken in eminent domain by public, corporate, or
20 other authority so as to abrogate the restrictions imposed by the INSTRUMENT, the
21 AGREEMENT, or the EASEMENT, the CITY and WSDOT shall join in appropriate
22 actions at the time of such taking to recover the just compensation and damages as
23 provided by law. All expenses incurred by the CITY and WSDOT in this action, including
24 any replacement costs, shall be paid out of the recovered proceeds, and the CITY and
25 WSDOT will equally divide the remaining proceeds from the condemnation proceeds.
26
27 1.28 The covenants, terms, conditions, and restrictions of this AGREEMENT shall be
28 binding upon, and inure to the benefit of the parties to this AGREEMENT and their
29 respective successors and assigns and shall continue as a servitude running in perpetuity
30 with the SITE.
31
32
33 1.29 If the BOC determines that the BANK fails to achieve on the specified date one or
34 more of the performance standards delineated in Section 3.3 of the INSTRUMENT, the
35 CITY and WSDOT shall jointly develop and implement appropriate remedial and
36 monitoring actions for the BANK pursuant to the requirements specified for each
37 ecological objective in Section 3.2 of the INSTRUMENT. Prior to their execution,
38 proposals for the remediation and monitoring activities shall be submitted to the BOC via
iingtwo‹,k UiRift 1 1?t?t;to ''it.ft,,N)rr;r,k Drfl 1 5lib rta
Page 11 of 202-0 pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 the CHAIRS. In the event the CITY and WSDOT fail to implement necessary remedial
2 actions within the prescribed period, the BOC, following consultation with the CITY and
3 WSDOT, may direct remedial, corrective, and/or sanctioning action in accordance with the
4 procedures specified in Section 3.3 of the INSTRUMENT for each ecological objective.
5
6
7
8
9
10
11 2. OBLIGATIONS,RIGHTS AND RESTRICTIONS - CITY
12
13 2.1 The CITY shall retain the right to jointly assert claim to its established share of
14 CREDITS generated by the BANK, except for any loss of CREDITS associated with
15 design and construction of the TRAIL, to be used as compensation for unavoidable impacts
16 from CITY development projects within the SERVICE AREA, as designated in the
17 INSTRUMENT.
18
19 2.2 The CITY shall contribute all land within the SITE to the BANK, and will obtain
20 any easements necessary for construction, monitoring, and management of the SITE.
21
22 2.3 The CITY is solely responsible for all management, maintenance, and upkeep
23 activities, and their associated costs, for the TRAIL immediately following completion of
24 construction. The CITY will maintain the TRAIL for its recreational and educational
25 values. The CITY will ensure that litter from the TRAIL will be removed in accordance
26 with the CITY's standard maintenance procedures.
27
28 2.4 Long-Term Site Management by the CITY shall begin at the time the WSDOT has
29 completed the Short-Term Site Management Period and all Performance Standards, as
30 described in the INSTRUMENT, have been satisfied, including any extensions agreed
31 upon by both parties. WSDOT will notify the CITY in writing that WSDOT is finished
32 with its construction and site management.
33
34 Long-Term Site Management is the sole responsibility of the CITY. Long-Term Site
35 Management will focus on the SITE for its natural characteristics as outlined in Section
36 5.2, "Short-Term and Long-Term Site Management Guidelines,"of the INSTRUMENT.
37
Spt(ngorovh L)taf` 1_ ? :_._rj:ti'_. .' ::)r :'(`�_;ip31 r."Ff{)Tt3F')n L;Fa1t i)06 rFw)L)feSC-';<Pio f4'L'i SNtp?:i thh,tr;;:},Qi.
Page 12 of.'Cat3 pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 2.5 Informal Monitoring will be used to document to the BOC that the natural
2 characteristics of the SITE as outlined in Section 5.2, "Short-Term and Long-Term Site
3 Management Guidelines,"of the Instrument are being achieved. The CITY will provide
4 WSDOT with copies of all monitoring reports during the Long-Term Monitoring Period.
5
6 2.6 During construction, the CITY will provide reasonable notice, of not less than 24
7 hours, of its intent to access the SITE by a telephone call, letter, or electronic message to
8 the designated representative of WSDOT prior to the date access is required.
9
10 2.7 If the CITY ever sells any portion of the SITE or transfers ownership to any third
11 party, they will transfer the property subject to the EASEMENT, the INSTRUMENT, and
12 the AGREEMENT. The CITY reserves the right to retain the TRAIL in perpetuity.
13
14 2.8 The INSTRUMENT, the AGREEMENT and the EASEMENT are assignable,but
15 only to a successor organization or agency to the CITY or to an organization that is
16 authorized to acquire and hold conservation easements under law and as defined in RCW
17 84.34.250 or any successor provision then applicable. The CITY reserves the right to
18 retain the TRAIL in perpetuity.
19
20 2.9 In the event the CITY elects, or is directed by state law, to assign the
21 INSTRUMENT, the AGREEMENT and the EASEMENT to a successor entity, the
22 CITY'S rights and obligations under the INSTRUMENT, the AGREEMENT and the
23 EASEMENT may be assigned to any qualified successor entity. Approval of the BOC
24 must be obtained prior to any transfer of title; such approval may be withheld only upon a
25 determination by the BOC that the transferee holds insufficient financial resources to carry
26 out the obligations inherent in maintaining and enforcing the EASEMENT.
27
28
29 3. OBLIGATIONS, RIGHTS AND RESTRICTIONS - WSDOT
30
31 3.1 WSDOT shall retain the right to jointly assert claim to its established share of
32 CREDITS generated by the BANK to be used as compensation for unavoidable impacts
33 from WSDOT transportation projects within the SERVICE AREA as designated in the
34 INSTRUMENT.
35
36 3.2 WSDOT, its agents and assigns shall have reasonable and free access to the SITE as
37 identified in the INSTRUMENT, the AGREEMENT, and the EASEMENT for
.5tr t,n0(is Di 4;1 j>-J6 to City cio3Y" mf�::.'.,:.,�:,,,:,,,�;r>'i-�:i';t "' ;?06{espoti&os and fC,VP,1On.�do to A,e.G:e: .:.Fr•.: :.
Page 13 of%020 pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 educational, scientific, and biological purposes to observe and study the SITE for the
2 duration of the AGREEMENT
3
4 3.3 Any forbearance by the parties to exercise their rights under the INSTRUMENT, the
5 EASEMENT, or the AGREEMENT in the event of any breach of any of the terms of the
6 INSTRUMENT, the EASEMENT, or the AGREEMENT , shall not be deemed or
7 construed to be a waiver by the parties of such terms or of any subsequent breach of the
8 same or any other terms of the INSTRUMENT,the EASEMENT, or the AGREEMENT or
9 of any of the parties' rights under the INSTRUMENT, the EASEMENT, or the
10 AGREEMENT. No delay or omission by either party in the exercise of any right or
11 remedy upon any breach by the other party shall impair such right or remedy or be
12 construed as a waiver.
13
14 3.4 The INSTRUMENT, the AGREEMENT and the EASEMENT are assignable, but
15 only to a successor organization or agency to WSDOT or to an organization that is
16 authorized to acquire and hold conservation easements under law and defined in RCW
17 84.34.250 or any successor provision then applicable. Assignment may not occur prior to
18 the end of the Short-Term Site Management Period or until all CREDITS are released,
19 whichever is later.
20
21 3.5 In the event WSDOT elects, or is directed by state law, to assign the
22 INSTRUMENT, the AGREEMENT and the EASEMENT to a successor entity, WSDOT'S
23 rights and obligations under the INSTRUMENT, the AGREEMENT and the EASEMENT
24 may be assigned to any qualified successor entity.
25
26 3.6 WSDOT shall record the INSTRUMENT, the AGREEMENT, and the EASEMENT
27 simultaneously in timely fashion in the official records of King County, Washington, and
28 may re-record them at any time as may be required to preserve its rights in the
29 INSTRUMENT, the EASEMENT, or the AGREEMENT.
30
31
32 4. INTERPRETATION, SEVERABILITY
33
34 4.1 The interpretation and performance of the INSTRUMENT, the EASEMENT, and
35 the AGREEMENT shall be governed by the laws of the State of Washington.
36
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Page 14 of Al;4)pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 4.2 Any general rule of construction to the contrary notwithstanding, the
2 INSTRUMENT and the AGREEMENT shall be liberally construed to affect the purpose of
3 the EASEMENT and the policy and purpose of RCW 84.34.200-250 and RCW 64.04.130.
4
5 If any provision in the INSTRUMENT or the AGREEMENT is found to be ambiguous, an
6 interpretation consistent with the purpose of the EASEMENT that would render the
7 provision valid shall be favored over any interpretation that would render it invalid.
8
9 4.3 If any provision of the INSTRUMENT, the EASEMENT, or the AGREEMENT, or
10 the application of such provision to any person or circumstances, is found to be invalid, the
11 remainder of the provisions of this AGREEMENT, the INSTRUMENT, and the
12 EASEMENT, or the application of that provision to persons or circumstances other than
13 those which it is found to be invalid, shall not be affected by the invalidity.
14
15
16
17 5. ENTIRE AGREEMENT, COUNTERPARTS
18
19 This AGREEMENT replaces the Springbrook Wetland and Habitat Mitigation Bank
20 Letter of Concurrence signed on March 7, 2005 by the CITY and WSDOT. This
21 AGREEMENT, the INSTRUMENT, and the EASEMENT set forth the entire agreement of
22 the parties with respect to the AGREEMENT and supersede all prior discussions,
23 negotiations, understandings, or agreements relating to the SITE, all of which are merged
24 into this AGREEMENT, the INSTRUMENT, and the EASEMENT.
25
26
27 6. TITLES
28
29 The titles in this AGREEMENT have been inserted solely for convenience of
30 reference and are not a part of this AGREEMENT and shall have no effect on construction
31 or interpretation. The titles in no way define, limit, or describe the scope or intent of this
32 AGREEMENT.
33
34 7. NOTICE
35
36 Any notice, demand, request, consent, approval or communication that any party
37 desires or is required to give to the others shall be in writing and either served personally or
38 sent by first class mail, postage prepaid, addressed as follows:
:oli1K,f t(: k Daft .1 13-06 to(!t nit in as. Daft 1 5 06 iowy l,s<hie
Page 15 of 2020 pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1
2
3 STATE: DEPARTMENT OF TRANSPORTATION
4 Attn: Property Management Program Manager
5 Transportation Building
6 P.O. Box 47338
7 Olympia, WA 98504-7338
8
9
10 CITY: CITY OF RENTON, WASHINGTON
11 Office of the Mayor
12 1055 S. Grady Way
13 Renton,WA 98055
14
15
16 SIGNATORY U.S. Army Corps of Engineers, Seattle District
17 AGENCIES Mitigation Banking Specialist/Co-chair of the BOC
18 Regulatory Branch
19 Seattle District, Corps of Engineers
20 4735 E. Marginal Way South
21 P.O. Box 3755
22 Seattle, WA 98124-3755
23 206-764-3495
24
25 Washington State Department of Ecology
26 Mitigation Banking Specialist/Co-chair of the BOC
27 Shorelands and Environmental Assistance Program
28 PO Box 47600
29 300 Desmond Drive
30 Olympia, WA 98504-7600
31 360-407-7045
32
33 U.S. Environmental Protection Agency
34 Wetlands Mitigation Banking Specialist
35 Environmental Tribal and Public Affairs Office
36 ETPA-083
37 EPA Region 10
38 1200 6t}'Ave
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Page 16 of 2•3 (%%pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 Seattle, WA 98101
2 206 -553-7369
3
4 U.S. Fish and Wildlife Service
5 Transportation Planning Branch Manager
6 510 Desmond Dr SE—Suite 102
7 Lacey, WA 98503-1263
8 360-753-6044
9
10 Washington State Department of Fish and Wildlife
11 Habitat Program Manager
12 600 Capitol Way North
13 Olympia, WA 98501-1091
14 360-902-2200
15
16 Federal Highway Administration
17 Washington Division Administrator
18 711 South Capitol Way, Suite 501
19 Olympia, WA 98501
20 360-753-9413
21
22 or to such other address as any party from time to time shall designate by written notice to
23 each other.
24
25 8. VENUE
26
27 In the event that any party deems it necessary to institute legal action or proceedings
28 to enforce any right of obligation under this AGREEMENT, the parties hereto agree that
29 any such action or proceedings shall be brought in a court of competent jurisdiction
30 situated in King County, Washington.
31
32
33
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Page 17 of 2:)24)pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1
2 IN WITNESS WHEREOF, the parties have executed this AGREEMENT on this
3 day of , 2006.
4
5
6
7 CITY OF RENTON, WASHINGTON STATE
8 WASHINGTON DEPARTMENT OF TRANSPORTATION
9
10
11
12 By: By:
13 KATHY KEOLKER DATE GERALD L.GALLINGER DATE
14 MAYOR DIRECTOR,REAL ESTATE SERVICES
15
16
17 By:
18 CRAIG J. STONE,P.E. DATE
19 DEPUTY ADMINISTRATOR
20 URBAN CORRIDORS OFFICE
21
22 For: City Of Renton, For: Washington State
23 Washington Department of Transportation
24 Approved as to form Approved as to form
25
26
27
28 By: By:
29 LAWRENCE J.WARREN DATE STEPHEN KLASKINSKI DATE
30 CITY ATTORNEY ASSISTANT ATTORNEY GENERAL
31
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Page 18 of r"021?pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 CITY ACKNOWLEDGMENT WITH SEAL
2
3 STATE OF WASHINGTON )
4 : ss.
5 County of )
6
7
8 I, the undersigned, a Notary Public in and for the State of Washington, do hereby certify
9 that on this day of ., before me personally appeared
10 , to me known to be the of the municipal
11 corporation that executed the foregoing instrument and acknowledged the said instrument
12 to be the free and voluntary act and deed of said municipal corporation, for the uses and
13 purposes therein set forth, and on oath states that he was authorized to execute said
14 instrument.
15
16 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
17 day and year last above written.
18
19
20
21
22 Notary(print name)
23 Notary Public in and for the State of Washington,
24 residing at
25 My Appointment expires
26
27
28
29
30
31
32
33
34
35
36
37
38
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Page 19 of 2020 pages
SPRINGBROOK CREEK MITIGATION BANK PRELIMINARY DRAFT
AGREEMENT
1 STATE AGENCY ACKNOWLEDGMENT WITH SEAL
2
3
4 STATE OF WASHINGTON )
5 : ss.
6 County of )
7
8
9 I, the undersigned, a Notary Public in and for the State of Washington, do hereby certify
10 that on this day of , , before me personally appeared
11 Gerald L. Gallinger, Director, Real Estate Services, for the Washington State Department
12 of Transportation, and that he executed the within and foregoing instrument and
13 acknowledged the said instrument to be the free and voluntary act and deed of said State of
14 Washington, for the uses and purposes therein set forth, and on oath states that he was
15 authorized to execute said instrument.
16
17 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
18 day and year last above written.
19
20
21
22
23 Notary(print name)
24 Notary Public in and for the State of Washington,
25 residing at
26 My Appointment expires
27
28
29
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Page 20 of 2(121)pages
AFTER RECORDING RETURN TO:
ATTN: REAL ESTATE SERVICES
DEPARTMENT OF TRANSPORTATION
P.O. BOX 4 7338
OLYMPIA, WA 98504-7338
DRAFT COPY
Document Title: Conservation Easement
Reference Number of Related Document:N/A
Grantor(s): City of Renton
Grantee(s): Washington State Department of Transportation
Legal Description: Ptn Blks 6, 7 and 8, Burlington Northern Industrial Park II and Ptn of N %Z
Section 25, T23N, R4E, W.M. and Ptn of NE'/4 of the NW'/4 of Section 36, T23N, R4E. W.M.
Additional Legal Description is on Pages 7, 8, 9, 10 and 11 of document
Assessor's Tax Parcel Numbers: 125381-0090-05 (Unit A); 252304-9004-07,
252304-9019-00, 125381-0230-06, 125381-0170-08(Units B and C);
362304-9002-06(Unit D); 125381-0240-04 (Unit E)
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is made this day of
2006 by and between the CITY of RENTON, a municipal corporation, Grantor and the
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, Grantee.
A. Grantor is the owner of certain real property in King County, Washington,
consisting of 131.54 acres, more or less, more particularly described and
shown in Exhibit A attached hereto and incorporated herein by this
reference;
Page 1 of 1244 Pages
B. WSDOT and the City are are partnering to establishing the Springbrook Creek
Wetland and Habitat Mitigation Bank (Springbrook Bank). The Springbrook
Bank will provide compensatory mitigation in advance of unavoidable impacts to
wetlands and other aquatic resources from future projects within the service area,
which includes portions of the Cedar-Sammamish Watershed and Green-
Duwamish Watershed.
The Springbrook Creek Wetland and Habitat Mitigation Bank Agreement was
developed to provide the terms and conditions of this partnership in the
development, monitoring, and management of the Springbrook Bank. The
Springbrook Creek Wetland and Habitat Mitigation Bank Instrument (Bank
Instrument) was developed by WSDOT and the City, in conjunction with the
Bank Oversight Committee, and describes in detail the physical and legal
characteristics of the bank, including the service area, and how the bank will be
established and operated.
TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
pursuant to Washington's conservation easement statue, Section 64.04.130, Grantor hereby
conveys to the Washington State Department of Transportation, a perpetual Conservation
Easement consisting of the rights and restrictions enumerated herein, over and across said
property.
1. Purposes. The purpose of this Easement is to assure that the Springbrook Bank will be
retained in its natural wetland condition. It is further the specific purpose of this Easement to
conserve the wildlife habitat functions and educational values of the site. In achieving these
purposes, it is the intent of the Easement to permit the continuation of such uses of the Property
as may be conducted consistent with the conservation values protected herein and the goals of the
project as outlined in the Bank Instrument and Springbrook Creek Wetland and Habitat
Mitigation Bank Agreement.
The goal of the Springbrook Bank is to increase wetland area, improve hydrologic functions,
water quality functions, habitat functions, fish refuge/rearing habitat, and promote environmental
education.
Development of a trail and installation of interpretive signing will increase the educational value
of the site. When the Springbrook Bank is restored and enhanced in a manner consistent with the
project goals, objectives, and performance standards outlined in the Bank Instrument, the
increased value of the wetland will be available for use by the Washington State Department of
Transportation and the City in the form of credits.
Page 2 of 1244 Pages
Washington State Department of Transportation and the City will be able to draw on the credits
created by the restoration and enhancement of the wetland, and to use these credits to mitigate
unavoidable wetland impacts associated with transportation and other projects within the service
area.
The Springbrook Creek Wetland and Habitat Mitigation Bank Agreement dated
, 2006, attached as Exhibit B and by this reference incorporated
herein.
2. Rights of the Washington State Department of Transportation
A. To preserve and protect in perpetuity the significant natural ecological features and
values of the Springbrook Bank property.
B. To perform such activities on the Springbrook Bank property as necessary to restore
and enhance the wildlife habitat functions and environmental educational values of
the wetland.
3. Rights of the City of Renton
A. To implement long-term management of the site to ensure that the natural ecological
features are preserved and protected in perpetuity.
B. To allow for maintenance of existing utilities within the Bank Site.
4. Consistent Uses Of the Property. The following uses and practices, though not an
exhaustive recital of consistent uses and practices, are consistent with the intent of the
Easement, the Bank Instrument, and the Agreement.
A. Maintenance and repair of structures such as fences, trails, and signs can occur if
replaced with a structure of similar size, function, capacity, site location and building
materials.
B. Maintenance of access control structures (such as tank traps,barriers, and fences and
trails) to prohibit and/or direct access can occur as necessary to ensure protection of
the site's natural characteristics.
C. Use of approved agricultural chemicals for the following purposes and under the
following conditions:
a. For the control of noxious weeds, as required by Washington state law, and for
the control of other invasive exotic plant species; provided that chemical
Page 3 of 12-14-Pages
herbicides may be used only in those amounts and with a frequency of
application that constitute the minimum necessary for control and is only used
after other treatment methods (such as mechanical or cultural methods) have
been considered. The use of chemical treatment must be consistent with the
site protection goals as specified in the Bank Instrument and Agreement.
D. Provided that the conditions below are met, the removal of trees is allowed only for
the following purposes; controlling disease; protecting persons or property from hazards
of falling trees or branches; and/or maintaining existing trails and viewing platforms. The
conditions below apply to both living and standing dead trees.
a. Tree and limb removal must be conducted using Best Management Practices
including stringent protection of soils, vegetation and wildlife habitat;
b. Any tree removal involving more than three trees in a year must be consistent with
the terms of the Bank Instrument;
5. Inconsistent Uses of the Property. The following uses and practices on the Property shall
be prohibited
A. The storage, dumping or other disposal of toxic, and/or hazardous materials.
B. Dumping or other disposal of non-compostable refuses, animal carcasses, wildlife
attracting materials, or any other material which could reasonably be considered
debris.
C. The change, disturbance, alteration, or impairment of the natural ecological features
and values; or the destruction of other significant conservation interests on the
property.
D. Conversion of native vegetation to exotic cover species or the introduction on non-
native plant species.
E. Introduction or release on nonnative animal species
F. Filling, excavating, dredging
G. Division, subdivision, or de facto subdivision of the Property.
H. Construction of roads or vehicle trails, other than those designated and approved in
the Bank Instrument.
I. Use of mechanized vehicles except for property-maintenance purposes
Page 4 of 1241-1 Pages
J. Animal trapping for purposes other than control predatory animals, which
demonstrably have caused damage to the property.
6. Site Management
The Washington State Department of Transportation and the City of Renton shall provide
site management of the wetland bank site consistent with the site management
responsibilities outlined in the Bank Instrument and the Memorandum of Agreement for
the Springbrook Creek Wetland and Habitat Mitigation Bank (MOA) between
Washington State Department of Transportation and the City of Renton.
It is understood and agreed that delivery of this deed is hereby tendered and that the terms and
obligations hereof shall not become binding upon the Washington State Department of
Transportation unless and until accepted and approved hereon in writing for the Washington
State Department of Transportation, by the Director of Real Estate Services.
Page 5 of 12-1-1-Pages
IN WITNESS WHEREOF, Grantor has hereunto set its hand this day
of , 2006.
GRANTOR:
City of Renton, a municipal corporation
Accepted and Approved
WASHINGTON STATE
Department of Transportation
By:
Gerald L. Gallinger
Director of Real Estate Services
Date:
Page 6 of 12-14 Pages
STATE OF WASHINGTON )
): ss
County of )
On this day of , 2006, before me personally
appeared known to me to be the
of the City of Renton, a municipal corporation, that executed the foregoing instrument,
acknowledging said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that was authorized to
execute said instrument.
Given under my hand and official seal the day and year last above written.
Notary (print name)
Notary Public in and for the State of Washington, residing
at
My Appointment Expires
Page 7 of 12-14-Pages
EXHIBIT A
UNIT A
Parcel A
Lots 1, 2, 7 and 8, Block 6, Burlington Northern Industrial Park Renton II, according to the plat
thereof recorded in Volume 111 of Plats, pages 42 through 44, inclusive, records of King County,
Washington;
TOGETHER WITH that portion of the former 20 foot railroad right-of-way, as delineated on
said plat adjoining said lots, as relinquished under Recording Number 8909110687.
UNITSBANDC
Parcel A
All those portions of Government Lot 11, of the southwest quarter of the northeast quarter and
the southeast quarter of the northwest quarter of Section 25, Township 23 North, Range 4 East,
W.M., in King County, Washington, described as follows:
Beginning at a point of the east line of Government Lot 10 in said section at a point 255.38 feet
southerly, as measured along said east line, from the south line of Henry Meader Donation Land
Claim No. 46; thence westerly on a straight line to a point on the easterly line of the Northern
Pacific Railway Company Right-of-Way at a point 289.12 feet southerly, as measured along said
easterly line, from said south line of the Donation Land Claim and the TRUE POINT OF
BEGINNING; thence southeasterly to a point on a line parallel with and 60 feet east of said
easterly line of the Northern Pacific Railway Company Right-of-way at a point 1,100 feet north
of the east-west centerline of said section; thence south, along said parallel line, to a point on the
south line of a tract conveyed to Broadacres, Inc. by deed recorded under Recording Number
7504010373, said point being 545.6 feet north of said east-west centerline; thence east, along
said south line to the east line of the southwest quarter of the northeast quarter of said section at a
point 545.6 feet north of said east-west centerline; thence south, along said east line, to the
northwest corner of Longacres Parkway as delineated on the face of Burlington Northern
Industrial Park Renton II, according to the plat thereof recorded in Volume II of Plats, pages 42
through 44, inclusive, records of King County, Washington; thence South 87°57'39" West
1,624.00 feet, more or less, to the intersection of the northerly extension of the easterly line of the
proposed P-1 channel as shown on the above referenced plat, said line being 20.00 feet, more or
Page 8 of 1211 Pages
less, west of the northwest corner of Lot 5, Block 9 of said plat; thence southerly, along said
extension, to a point which bears South 88°2929" East from a point being measured along the
easterly line of said railroad right-of-way and 2,028.44 feet north of the south line of said
Section;
EXCEPT that portion condemned by Central Puget Sound Regional Transit Authority by King
County Cause No. 02-2-21757-5 and as recorded under Recording Number 20020906001276;
TOGETHER WITH all those portions of Government Lot 9 and of the southeast quarter of the
northeast quarter of Section 25, Township 23 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Beginning at a point 20 feet west of the east line of Government Lot 9 and 1,254.20 feet south of
the north line; thence North 88°24'48" West 1,029.43 feet more or less to a point 300 feet east of
the west line of Government Lot 9; thence South 1°01'49" West on a line parallel to and 300 feet
east of the west line of Government Lot 9 and the west line of the southeast quarter of the
northeast quarter of Section 25, 845.23 feet; thence South 88°24'48" East 1,032.55 feet more or
less to a point 20 feet west of the east line of said south east quarter of the northeast quarter;
thence North 0°49'10" East 845.19 feet to point of beginning;
EXCEPT that portion conveyed for Southwest 27th Street by deed recorded under Recording
Number 8203150516;
TOGETHER WITH the southeast quarter of the northeast quarter of Section 25, Township 23
North, Range 4 East, W.M., in King County, Washington;
EXCEPT the east 20 feet thereof;
AND EXCEPT any portion thereof lying within the Plat of Burlington Northern Industrial Park
Renton II, according to the plat thereof recorded in Volume 111 of Plats, pages 42 through 44,
inclusive, records of King County, Washington;
AND EXCEPT that portion lying easterly of the following described line:
Beginning at a point on the north line of said southeast quarter of the northeast quarter which is
300 feet east of the northwest corner; thence South 01°01'49" West, on a line parallel to and 300
feet east of the west line of said southeast quarter of the northeast quarter, to the north line of Lot
7, Block 7, Burlington Northern Industrial Park Renton H, according to the plat thereof recorded
in Volume 111 of Plats, pages 42 through 44, inclusive, records of King County, Washington,
and the terminus of said line;
AND EXCEPT any portion thereof lying within the following:
Page 9 of 124Pages
Beginning at the northeast corner of said Government Lot 9; thence North 87°21'38" West along
the north line thereof a distance of 20.01 feet to the west line of the east 20 feet of said
Government Lot 9 ; thence South 0°49'41" West along said west line a distance of 1,254.20 feet
to the north line of a tract of land conveyed to the City of Renton by deed recorded under King
County Recording Number 7603250650; thence along the north line of said tract of land North
88°24'17" West a distance of 1,022.32 feet to a line parallel with and 300 feet easterly of the west
line of said Government Lot 9 and the TRUE POINT OF BEGINNING; thence along said
parallel line North 1°07'49" East a distance of 45.00 feet; thence North 88°24'17" West a distance
of 300.01 feet to the west line of said Government Lot 9; thence along the west line of the
southeast quarter of the northeast quarter of said Section 25; South 1°07'49" West a distance of
90.00 feet; thence South 88°24'17" East a distance of 300.01 feet to a line parallel with and 300
feet easterly of the west line of the southeast quarter of the northeast quarter of said Section 25;
thence along said parallel line North 01°07'49" East a distance of 45 feet to point of beginning.
Parcel B
All that portion of Section 25, Township 23 North, Range 4 East, W.M., in King County,
Washington, lying westerly and northerly of the Plat of Burlington Northern Industrial Park
Renton H, according to the plat thereof recorded in Volume 111 of Plats, pages 42 through 44,
inclusive, records of King County, Washington, all being more particularly described as follows:
Beginning at the northwest corner of Lot 5 in Block 9 of said Plat of Burlington Northern
Industrial Park Renton No. II; thence North 88°32'51' West along the north line of said plat, a
distance of 20.00 feet to its intersection with the easterly line of proposed P-1 channel; thence
North 02°07'11" East along the east line of said channel projected northerly a distance of
1,560.00 feet, more or less, to its intersection with a line that bears North 87°57'39" West from
the most northwesterly corner of Longacres Parkway, as dedicated in the Plat of Burlington
Northern Industrial Park Renton II, said point being on the west line of Government Lot 9 in the
northeast quarter of said Section 25; thence South 87°57'39" East, a distance of 1,624.00 feet,
more or less, to its intersection with the northwesterly corner of said right-of-way, said point also
being on the west line of said Government Lot 9; thence South 01°30'31" West along the
westerly line of said right-of-way, a distance of 1,570.12 feet to its intersection with the north
line of Block 9 of said plat projected easterly, said point also being the southeast corner of the
northwest quarter of the southeast quarter of said Section 25; thence North 87°44'27" West along
said north line, a distance of 1,347.99 feet; thence North 88°32'51" West along the north line of
said Block 9, a distance of 275.79 feet to the TRUE POINT OF BEGINNING;
EXCEPT that portion thereof conveyed to Burlington Northern Railroad Holdings, Inc., by deed
recorded under Recording Number 8911170955.
Page 10 of 12-14 Pages
Parcel C
Lot 7, Block 7, Burlington Northern Industrial Park Renton II, according to the plat thereof
recorded in Volume 111 of Plats, pages 42 through 44, inclusive, records of King County,
Washington;
EXCEPT that portion of said Lot 7 conveyed to the City of Renton for road purposes by deed
recorded under Recording Number 8306090701 and as corrected by Recording Number
8308050868;
TOGETHER WITH the west half of the former 20 foot railroad right-of-way adjoining on the
east, as relinquished under Recording Number 8909110687.
Parcel D
That portion of Lots 1 and 6, Block 7, Plat of Burlington Northern Industrial Park Renton II,
according to the plat thereof recorded in Volume 111 of Plats, pages 42 through 44, inclusive,
records of King County, Washington, lying north of the following described line:
Beginning at a point on the east line of said Lot 1 which lies North 01°47'34" East 172.52 feet
from the southeast corner thereof; thence North 88°29'29" West parallel to the south line of said
Lot 1, a distance of 1,204.25 feet to the east line of Oakesdale Avenue Southwest and the
terminus of said described line:
TOGETHER WITH that half of Burlington Northern Railroad Right-of-Way adjoining said
described portion of Lots 1 and 6, as Quit-Claimed under Recording Number 8909110687;
EXCEPT that portion of said Lot 6, Block 7, conveyed to the City of Renton for street purposes
by deed recorded under Recording Number 8306090701 and as corrected by Recording Number
8308050568;
(ALSO KNOWN AS Lot 1, City of Renton Short Plat No. SHPL-125-89 recorded under
Recording Number 9103209006).
UNIT D
Parcel A
That portion of the northeast quarter of the northwest quarter of Section 36, Township 23 North,
Range 4 East, W.M., in King County, Washington, lying easterly of the Northern Pacific
Railroad right-of-way and lying west of the following described line:
Beginning at the northeast corner of Henry Adams Donation Land Claim; thence east along the
centerline of South 180th Street (formerly Cord), 114 feet; thence north 30 feet to the north line
Page 11 of 124-1-Pages
of aforesaid street and the TRUE POINT OF BEGINNING; thence north 644.78 feet; thence
northerly on a straight line, parallel to the east line of said Northern Pacific Railway Company
right-of-way, to the north line of said Section 36 and the terminus of said line;
EXCEPT the south 30 feet thereof;
AND EXCEPT that portion described as follows:
Beginning at the southeast corner of said northeast quarter of the northwest quarter; thence north
30 feet; thence west parallel with said south line of said subdivision, to a point 19.95 feet easterly
of, as measured at right angles to said Old Main Line Tract centerline and the TRUE POINT OF
BEGINNING; thence north parallel with said Old Main Line Tract centerline a distance of
213.40 feet; thence westerly as measured at right angles to said Old Main Line Tract centerline, a
distance of 20.95 feet to a point distant 50 feet easterly, as measured at right angles to said Old
Main Line Tract centerline; thence southerly along a line 50 feet easterly as measured at right
angles to said Old Main Line Tract centerline, to a point 30 feet north of the south line of said
subdivision; thence east to the point of beginning.
UNIT E
PARCEL A
Lots 1, 2 and 4, Block 8, Burlington Northern Industrial Park Renton II, according to the plat
thereof recorded in Volume 111 of Plats, pages 42 through 44, inclusive, records of King
County, Washington;
TOGETHER WITH that portion of the former railroad right-of-way as delineated on said plat
adjoining said lots, as relinquished under Recording Number 8909110687;
EXCEPT the north 463.95 feet of said Lot 4 as measured along the west line thereof;
ALSO EXCEPT the north 463.95 feet of said former railroad right-of-way as measured along the
east line thereof;
AND ALSO EXCEPT that portion of said Lot 2 described in deed to the City of Renton recorded
under Recording Number 8306090701 and correction thereof recorded under Recording Number
8308050568;
(ALSO KNOWN AS Lot 1, City of Renton Lot Line Adjustment No. LLA-92-090, recorded
under King County Recording Number 9206119003).
Page 12 of 12-1--1-Pages
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December 30, 2005 - Draft Final
,N T EA STATE
405
Corridor Program
Congestion Relief&Bus Rapid Transit Projects
•
•
DRAFT FINAL
Springbrook Creek Wetland and Habitat Mitigation Bank Instrument
Table of Contents
List of Acronyms and Abreviations v
Executive Summary vii
1.0 INTRODUCTION AND BACKGROUND INFORMATION 1-1
1.1 PROJECT OVERVIEW 1-1
1.1.1 General Mitigation Bank Goal and Objectives 1-2
1.1.2 Project Setting 1-2
1.1.3 Site Selection Rationale 1-3
1.1.4 Bank Site Description 1-4
1.1.5 Unique Urban Setting and Public Access 1-8
1.2 LEGAL AUTHORITY AND RESPONSIBILITIES OF
BANK SPONSOR AND PARTNERS 1-12
1.2.1 WSDOT Memorandum of Agreement and the Bank Oversight
Committee 1-13
1.2.2 Responsibility of WSDOT and City of Renton 1-13
1.3 SERVICE AREA 1-13
1.4 REQUIRED PERMITS AND APPROVALS 1-15
1.4.1 Section 404 Permit 1-16
1.4.2 Section 401 Water Quality Certification 1-16
1.4.3 Section 402 NPDES 1-16
1.4.4 CZMA Consistency Determination 1-16
1.4.5 Hydraulic Project Approval 1-16
1.4.6 Endangered Species Act Biological Assessment 1-16
1.4.7 Shoreline Substantial Development Permit 1-17
1.4.8 National Historic Preservation Act, Section 106 Compliance 1-17
1.4.9 Other Approvals 1-17
2.0 ESTABLISHMENT OF THE BANK 2-1
2.1 MITIGATION BANK PLAN OVERVIEW 2-1
2.2 CONSTRUCTION SCHEDULE 2-2
2.3 GRADING PLAN 2-3
2.4 PLANTING PLAN 2-3
2.5 WEED MANAGEMENT 2-5
2.5.1 Existing Site Conditions Favor Reed Canarygrass 2-5
2.5.2 Reed Canarygrass Offers Some Understory Functions 2-5
2.5.3 Strategy to Manage Reed Canarygrass 2-6
2.5.3 Strategy to Manage Himalayan Blackberry 2-8
2.5.3 Strategy to Manage Other Invasive Non-Native Species 2-8
2.6 MITIGATION BANK PLAN 2-9
2.6.1 Units A and B 2-10
Table of Contents_12-29-05.doc
December 2005
Page i
.
IDRAFT FINAL
Springbrook Creek Wetland and Habitat Mitigation Bank Instrument
11
2.6.2 Unit C 2-14
I 2.6.3 Unit D 2-17
2.6.4 Unit E 2-19
2.7 FUNCTIONAL IMPROVEMENT 2-21
I 2.7.1 Watershed Scale 2-21
2.6.4 Mitigation Bank Unit Scale 2-22
2.8 CONSTRUCTION MONITORING 2-22
I3.0 PROJECT GOAL, OBJECTIVES,AND PERFORMANCE STANDARDS 3-1
3.1 GOAL 3-1
J3.2 ECOLOGICAL OBJECTIVES 3-1
3.3 PERFORMANCE STANDARDS 3-1
I 3.4 CONTINGENCY 3-3
4.0 BANK OPERATION 4-1
4.1 CREDIT DETERMINATION 4-1
1 4.2 USE OF CREDITS 4-1
4.3 CREDIT RELEASE SCHEDULE 4-2
I4.3.1 Credit Release Flexibility 4-3
4.4 ACCOUNTING PROCEDURES AND LEDGER MANAGEMENT 4-5
4.5 SITE COMPLIANCE MONITORING 4-5
1 5.0 SITE PROTECTION AND MANAGEMENT 5-1
5.1 PROTECTION MECHANISMS 5-1
I 5.1.1 Conservation Easement 5-1
5.1.2 Financial Assurances 5-1
5.1.3 Site Access 5-1
I5.2 LONG-TERM MANAGEMENT GUIDELINES 5-2
5.3 FORCE MAJEURE 5-3
1 6.0 GLOSSARY 6-1
7.0 REFERENCES 7-1
I
I
I
1
1 Table of Contents_12-29-05.doc
December 2005
Page ii
DRAFT FINAL
Springbrook Creek Wetland and Habitat Mitigation Bank Instrument
Executive Summary \y
Location: The Springbrook Creek Wetland and Habitat Mitigation Bank (Springbrook
Bank) is located in the City of Renton, King County, Washington; Sections 25, 30, and -
36, Township 23N, Ranges 4E and 5E; Lat 47° 27' 20" Long 122° 14' 24". Portions of
the site are adjacent to Springbrook Creek. Springbrook Bank is located in the Green- `-=
Duwamish watershed(Water Resources Inventory Area [WRIA] 9).
Service Area: The service area of Springbrook Bank includes portions of the Cedar-
Sammamish watershed (WRIA 8) and the Green-Duwamish watershed(WRIA 9). ,.
Size of Bank: Springbrook Bank will generate 45.69 mitigation credits on the 131.54-
acre site. One credit compensates for one acre of Category II wetland.
Land Owner: The City of Renton (City) owns the land within Springbrook Bank.
Bank Operators: The City and Washington State Department of Transportation
(WSDOT) will operate and manage Springbrook Bank.
Type of Bank: Springbrook Bank will generate wetland mitigation credits through the
re-establishment, rehabilitation, and enhancement of wetlands; and enhancement of
upland and riparian areas.
Purpose: The purpose of Springbrook Bank is to provide compensation for unavoidable
impacts to wetlands and other aquatic resources caused by WSDOT highway
construction projects and City mitigation requirements within the service area.
Goal: The goal of Springbrook Bank is to increase wetland area, improve hydrologic
functions, water quality functions, habitat functions, fish refuge/rearing habitat, and
promote environmental education.
• Objectives: The objectives of Springbrook Bank are to re-establish 17.81 acres of
wetland, rehabilitate 52.92 acres of wetland, enhance 33.61 acres of wetland, and
enhance 7.80 acres of upland and 6.88 acres of riparian upland adjacent to Springbrook
Creek for a total of 119.02 acres. The proposed restoration and enhancement activities
will re-connect floodplain wetlands with Springbrook Creek, re-establish historical
wetlands, and improve water quality, hydrologic, floodplain, habitat, and riparian
functions in a highly urbanized area.
Use of Credits: WSDOT anticipates using its credits from Springbrook Bank for
transportation projects within the service area. The City will use its credits for projects y
within the service area.
WSDOT Wetland Compensation Bank MOA: The Washington State Department of
Transportation Wetland Compensation Bank Program Memorandum of Agreement
(WSDOT 1994) provides the principles and procedures for establishing, implementing
and maintaining Springbrook Bank.
ExecutiveSummary 12-28-05.doc
Springbrook Creek Wetland and Habitat December 2005
Mitigation Bank Instrument Page vii
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40 � 4- 1�4 es (�p�yl) lIT 1 -
CITY OF RENTON
JAN 1 7 2006
January 12, 2006 CITY CIERK'S OFFICE
Renton City Council
Renton City Hall - 7th floor
1055 South Grady Way
Renton, WA 98055
RE: Shamrock Heights Sewer Extension
Reimbursement Proposal
Dear City Council,
CamWest Shamrock Heights, LLC was the applicant for the Shamrock Heights I
&II plats. As part of construction, sanitary sewer was installed to serve both
adjoining-plats and surrounding properties. The Renton public works department
requested that portions of plat's sewer get upsized from 8-inch to 10-inch main in
anticipation of future capacity. It was agreed by both parties that CamWest would
be reimbursed for the costs associated with the over sizing and 1721 lineal feet of
sewer line was upsized from 8 inch to 10 inch. The cost difference relates to pipe
cost,manhole boots, and bedding for an increase of$2.60 per lineal foot,totaling
$4474.60. Attached is the cost break down for review. The CamWest Shamrock
Heights, LLC requests your consideration for reimbursement of$4474.60. Thank
you for your attention to this matter.
Sincerely,
W
Sara Slatten
CamWest Development, Inc.
- enclosure
9720 NE 120th P1.
Suite#100
Kirkland
WA 98034
425-825-1955 _
Fax 425-825-1565
ww.camwest.com
AERO Construction Co.
4717 Bickford Avenue,
P.O. Box 295
Snohomish, WA. 98290
Phone 425-334-2475
Fax 425-334-2483
Shamrock Sewer Sizing Comparison
8" PVC 10" PVC
Material Cost Material Cost
Pipe $ 4.25 PF Pipe $ 5.85 PF
MH Boots $ 1.20 PF MH Boot $ 1.45 PF
Bedding $ 2.25 PF Bedding $ 3.00 PF
Total $ 7.70 Total $ 10.30
Difference: $ 2.60
The main cost differences, would be the boot size, bedding and pipe. These costs come to
2.60 PF.
rRenton: 1721 LF 2.60 $4 474.60
Total reimbusement due f om ,
CAm 'WEST CITY OF RENTON
JAN 1 7 2006
CITY CLERK'S OFFICE
Fax I Date 1/13/2006
INumber of pages including cover sheet 3
To: City of Renton FROM: Cam West Development
Attn: Bonnie Walton 9720 NE 120 'PL, suite 100
Kirkland, WA 98034
Sara Slatten
Phone Phone 425-825-1955
Fax f425)430-6516 Email sslatten@camwest.com
ISubject Shamrock Heights Fax Phone 425-825-1565
Bonnie,
Attached is a letter to council requesting reimbursement of$4474.60 for sewer installation
reimbursement work that CamWest completed. The cost summary is included as well. I have
been working with Dave Christensen and he indicated we were ready to transmit the request to
council. Please call me with any questions or if you need any additional information.
Sincerely,
S? ',
liltlatte,
Ar7fl OVBD BY
Cir'COUNCIL
UTILITIES COMMITTEE Date a3_01oo6
COMMITTEE REPORT
January 23,2006
Comprehensive Rate Study and System Development Charges Study
(January 9, 2006)
The Utilities Committee recommends concurrence in the staff recommendation to approve
the consultant contract with Financial Consulting Solutions Group, Inc. in the amount of
$97,940 for a Water, Wastewater, and Surface Water Comprehensive Rate Study and System
Development Charges Study, and to authorize the Mayor and City Clerk to execute the
contract.
C
Dan Clawson, Chair
ab.se�
Terri Briere, Vice Chair
114`/ VV
Denis W. Law, Member
cc: Lys Hornsby,Utility Systems Director
Nenita Ching,Principal Administrative&Financial Analyst
Rate Study.doc\ rev01/05 bh
A 'PROVED BY
MT COUNCIL
FINANCE COMMITTEE
COMMITTEE REPORT Date /"°/.5-.1w°6
January 23,2006
APPROVAL OF CLAIMS AND PAYROLL VOUCHERS
The Finance Committee approves for payment claim vouchers 243896 — 244180 and 244373
— 244798 and 4 wire transfers, totaling $1,991,509.98, and 1197 direct deposits, payroll
vouchers 61307-61672 and 2 wire transfers, totaling$3,808,311.03.
bon Persson, Chair
4elAt.;
Denis W. Law, Vice-Chair
Toni Nelson, Member
CC: 1Th k'e f3ctlf er
acelta /-,13_
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 3 7r7
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (THE RESERVE AT STONEHAVEN; FILE
NO. LUA-05-130FP).
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 ORDAIN AS FOLLOWS:
SECTION L 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 5.95 acres, is located in the vicinity of
S. 47 St. and Main Avenue S.)
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 12, 2006.
PASSED BY THE CITY COUNCIL this day of , 2006.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2006.
Kathy Keolker, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1151:1/17/06:ma
2
EXHIBIT 'A'
PARCEL A: LEGAL DESCRIPTION
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 1461384;ALSO
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 19990812001273.
PARCEL B:
THE NORTH 72 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NO. 1461384.
W
Q Q
w
CD
° o
SE 172nd ST
515
W -
J
J
SE SE 176th ST
RR
Vac
Medico/
S 43rd ST Center 9th ST
SE �
Q SE 182nd ST
Sir)
S 47th ST
SE 186th ST
111 tv
c. SE 187th ST
W m Q 0
O �
S 55th ST SE 192nd ST
VICINITY MAP
. 02441/24140.1 d/til
-,13-aoa6
CITY OF RENTON, WASHINGTON
ORDINANCE NO. £7 9,2
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING SECTIONS 4-1-220.D OF CHAPTER 1, ADMINISTRATION
AND ENFORCEMENT, AND SECTION 4-11-040 OF CHAPTER 11,
DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF
ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON, WASHINGTON" IN ORDER
TO CORRECT AN ERROR IN THE DESIGNATION OF PROPERTY
ELIGIBILITY FOR PROPERTY TAX EXEMPTION FOR MULTI-
FAMILY HOUSING, AND TO CORRECT AN ERROR IN THE
DEFINITION OF NET DENSITY,AND DECLARING AN EMERGENCY.
WHEREAS, the City conducted review of the entire Comprehensive Plan and
development regulations of Ordinance No. 4260, performed analysis of needed revisions based
on Growth Management Act compliance, and developed a work program to implement needed
updates of development regulations; and
WHEREAS, the Planning Commission has made certain findings and recommendations
to the City Council, including revising development regulations; and
WHEREAS, the City has provided opportunity for the public to comment on the review
and suggest needed revisions of regulations, and held a public hearing on October 11, 2004, on
this matter; and
WHEREAS, the City adopted an amended definition of "density, net" as part of this
work program in Ordinance 5100, on November 1, 2004, that eliminated a stipulation that legally
recorded private access easements serving under three (3) or more dwelling units were credited
in a net density calculation; and
WHEREAS, this definition was amended in order to implement Council policy
pertaining to density and quality of development in the City; and
1
' ORDINANCE NO.
WHEREAS, the proposed revisions to the Critical Areas standards were reviewed and
adopted by separate public process and Ordinance 5137, adopted on April 25, 2005; and
WHEREAS, in a scrivener's error, the language in Ordinance 5137 inadvertently added
the language crediting legally recorded private access easements serving less than three (3) or
more dwelling units back into the "net density"definition; and
WHEREAS, the definition of"density, net" as set forth in Ordinance 5100, as amended
by the addition of critical areas references included in Ordinance 5137, is the correct definition,
and this definition implements the Comprehensive Plan and complies with the Growth
Management Act as amended; and
WHEREAS, on December 22, 2003, the Renton City Council adopted Ordinance No.
5061 (codified in RMC 4-1-220) to establish a property tax exemption program pursuant to
RCW 84.14, to provide limited 10 (10) year exemptions from ad valorem property taxation for
qualified new multi-family housing located in designated residential; and
WHEREAS, it is the intention of the City Council to subtract all legally recorded private
access easements from the gross area for purposes of calculating net development density as
reviewed as a part of the public hearing and deliberations on Ordinance 5100; and
WHEREAS, only one property, the Southport site, with Commercial Office Residential
3 (COR-3) zoning, was included within the "South Lake Washington"targeted area; and
WHEREAS, the Renton City Council subsequently adopted Ordinance No. 5183,
rezoning the Southport site from the Commercial Office Residential 3 (COR 3) to the Urban
Center North District 2 (UCN-2); and
2
ORDINANCE NO.
WHEREAS, the boundary of the "South Lake Washington"target area was not changed,
nor was the purpose and applicability of the property tax exemption program altered by the
zoning status of the property within the "South Lake Washington"target area; and
WHEREAS, to meet the Council's designation of the Southport site as eligible for the
property tax exemption, the language of RMC 4-1-220.D, Project Eligibility, requires revision to
clarify that the Southport site is included within the"South Lake Washington"target area;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION I. Section 4-1-220.D of Chapter 1, Administration and Enforcement,
of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
D. PROJECT ELIGIBILITY:
To qualify for exemption from property taxation under this Section, the project must
satisfy all of the following requirements:
1. Location: The property must be located in one of the designated"residential
targeted areas" listed below in subsection(D)(1)(a), (D)(1)(b) or(D)(1)(c) of this Section. If a
part of any legal lot is within a residential targeted area, then the entire lot shall be deemed to lie
within the residential targeted area.
a. Highlands: Within the Center Village Comprehensive Plan designation
and in one of the following: the Center Village (CV) Zone, the Residential Multi-Family(RM-F)
Zone, or the Residential 10 Dwelling Units/Acre (R-10)Zone; or
b. Downtown: In the Center Downtown (CD) zone, Residential Multi-Family
Urban Center (RM-U) zone, or Residential Multi-Family Traditional (RM-T) zone; or
3
ORDINANCE NO.
c. South Lake Washington: In the Urban Center North District 1 (UC-N1)
zone or properties within the Urban Center North District 2 (UC-N2) zone that were designated
as eligible for exemption by Council Ordinance 5151 and developed with a residential multi-
family project vested to the requirements of the Commercial Office Residential 3 (COR 3) zone.
2. Size and Structure:
a. If the project is located in the Residential Multi-Family Urban Center
(RM-U) zone or Residential Multi-Family Traditional (RM-T) zone or within the Center Village
Comprehensive Plan designation and in either the Residential Multi-Family(RM-F) zone or the
Residential 10 dwelling units/acre (R-10) zone, the project must (i) consist of a minimum total of
ten (10) new dwelling units of multi-family housing, and (ii)be located within a new residential
structure(s) or a new mixed-use development as allowed by the RMC for the specific zone. At
least fifty(50) percent of the space within the project shall be intended for permanent residential
occupancy.
b. If the project is located in the Center Downtown (CD) zone, Urban Center
North District 1 (UC-N1) zone, or in the Urban Center North District 2 (UC-N2) zone and the
project proposed is vested to Commercial Office Residential (COR-3) zone requirements, or is
within the Center Village Comprehensive Plan designation and in the Center Village (CV) zone,
the project must (i) consist of a minimum total of thirty(30) new dwelling units of multi-family
housing and (ii) be located in a new mixed-use development, unless otherwise waived by the
Administrator. If the Administrator waives the mixed-use development requirement, the multi-
family housing must be located in a new residential structure(s). At least fifty(50)percent of the
space within the project shall be intended for permanent residential occupancy.
4
ORDINANCE NO.
3. Special Design Regulations for Projects Located in the Center Village
Comprehensive Plan Designation or within the Urban Center North District 2 (UC-N2) and
vested to the requirements of the Commercial Office Residential 3 (COR Zone):
a. If the project is located in the Center Village (CV) Zone or Residential
Multi-Family(RM-F) Zone within the Center Village Comprehensive Plan designation, or within
the Urban Center North District 2 (UC-N2) and vested in the Commercial Office Residential 3
(COR 3)Zone, the project must also comply with the design standards and guidelines in RMC 4-
3-100 for District 'C', even though the project is not located in the Urban Center North
Comprehensive Plan designation, unless otherwise waived by the Administrator.
b. If the project is located in the Residential 10 Dwelling Units/Acre (R-10)
Zone within the Center Village Comprehensive Plan designation, the project must also comply
with the design standards and guidelines in RMC 4-3-100 for District 'B', even though the
project is not located in the Residential Multi-Family Traditional (RM-T) zone, unless otherwise
waived by the Administrator. If the project is located in the Center Village Residential Bonus
District described in RMC 4-3-095, the project must also comply with the provisions therein.
4. Exception for Existing Residential Structure: In the case of an existing occupied
residential structure that is proposed for demolition and redevelopment as new multi-family
housing, the project must provide as a minimum number of dwelling units in the new multi-
family housing project, the greater of:
a. Replace the existing number of dwelling units and, unless the existing
residential rental structure was vacant for twelve (12) months or more prior to demolition,
provide for a minimum of four(4) additional dwelling units in the new multi-family housing
project; or
5
ORDINANCE NO.
b. Provide the number of dwelling units otherwise required in subsection
(D)(2) of this section.
5. Completion Deadline: The project must be completed within three (3) years from
the date of approval of the contract by the City Council as provided in RMC 4-1-220.F.2 or by
any extended deadline granted by the Administrator as provided in RMC 4-1-220.I.
SECTION II. The definition of "Density, Net" of Section 4-11-040 of Chapter
11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
DENSITY, NET: A calculation of the number of housing units and/or lots that would be
allowed on a property after critical areas, i.e., very high landslide hazard areas, protected slopes,
wetlands, Class 1 to 4 streams and lakes, or floodways, and public rights-of-way and legally
recorded private access easements are subtracted from the gross area (gross acres minus streets
and critical areas multiplied by allowable housing units per acre). Required critical area buffers,
streams that have been daylighted including restored riparian and aquatic areas, and public and
private alleys shall not be subtracted from gross acre for the purpose of net density calculations.
SECTION III. There is hereby declared an emergency and this ordinance shall be
effective upon its passage, approval, and five days after publication.
PASSED BY THE CITY COUNCIL this day of , 2006.
Bonnie I. Walton, City Clerk
6
ORDINANCE NO.
APPROVED BY THE MAYOR this day of , 2006.
Kathy Keolker, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1243:1/18/06:ma
7
/ c0244lAteZdj,/
a41t6lirt-
CITY OF RENTON, WASHINGTON /-,/3.,20D6
ORDINANCE NO. 67'72
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING SECTION 4-1-150, FIRE PREVENTION FEES, OF
CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV
(DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON, WASHINGTON" BY AMENDING THE FIRE PREVENTION
FEES.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN
AS FOLLOWS:
SECTION L Section 4-1-150.A of Chapter 1, Administration and Enforcement,
of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
4-1-150 FIRE PREVENTION FEES:
Value of Work Fee Amount
$0 to $249.99 $30.00
$250.00 to $999.99 $30.00 plus 2% of the cost
$1,000.00 to $4,999.99 $50.00 plus 2% of the cost
$5,000.00 or more $120.00 plus 0.9% of the cost
Construction Re-Inspection A fee of$60.00 per hour may be assessed
if the requested inspection does not meet
the approval of the inspector.
Violation Re-Inspection after 30-day $50.00
period(whenever 30 days or more have
passed since Fire Department notification
of a violation, which required re-
inspection, and such violation has not been
remedied or granted an extension).
1
• ORDINANCE NO.
Pre-Citation Follow-Up Inspection when $50.00 each inspection
re-inspections are required beyond the
original re-inspection.
Malfunctioning Fire Alarm Fee First, second, and third false alarms-no
charge. Fourth and fifth false alarms in a
calendar year- $50.00/each. Sixth false
alarm and successive false alarms in a
calendar year- $100.00/each.
Late Payment Penalty $25.00 for late payment of malfunctioning
fire alarm fee and pre-citation inspection
fee.
SECTION II. This ordinance shall be effective upon its passage, approval, and
five days after publication.
PASSED BY THE CITY COUNCIL this day of , 2006.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2006.
Kathy Keolker, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1242:1/6/06:ma
2
. /sf readi43 /-9 4006
adefrta /-,13-01D06
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 3791
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
CHANGING TIM IMPACT FEE COLLECTION ON BEHALF OF THE
ISSAQUAH SCHOOL DISTRICT WITHIN THE CITY OF RENTON
FROM $2,937 PER NEW SINGLE FAMILY HOME TO $5,115 PER NEW
SINGLE FAMILY HOME.
WHEREAS, under Section 4.1.160 of Chapter 1, Administration and Enforcement, 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 City of Renton has heretofore collected on behalf of the Issaquah
School District an impact fee of$2,937 for each new single family home built within the
District's boundaries; and
WHEREAS, the Issaquah School District requested that the City of Renton adopt the
Issaquah School District's 2005 Capital Facilities Plan, which includes an increase in the impact
fee for new single-family homes to $5,115; and
WHEREAS,the Issaquah School District has presented the City of Renton with
additional documentation from the"Issaquah School District Bond and Levy Scope Committee
Amended Report"that includes plans for future capacity increases and improvements to Renton
area schools within the School District boundaries;
NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION I. Section 4.1.160.D.5 of Chapter 2,Zoning Districts—Uses and
Standards, of Title IV(Development Regulations) of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
1
" ORDINANCE NO.
5. The City Council may adjust the fee calculated under this subsection, as it sees fit,
to take into account local conditions such as, but not limited to, price differentials throughout the
District in the cost of new housing, school occupancy levels, and the percent of the District's
Capital Facilities Budget, which will be expended locally. The City Council establishes that fee
as $5,115 (Five Thousand, One Hundred and Fifteen Dollars).
SECTION II. Section 4-1-160.J.1 of Chapter 2, Zoning Districts—Uses and
Standards, of Title N(Development Regulations) of Ordinance No. 4260 entitled"Code of
General Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
1. The 2005 Capital Facilities Plan of the District is hereby adopted by reference by
the City as part of the Capital Facilities Element of the City's Comprehensive Plan.
SECTION IL This ordinance shall be effective upon its passage, approval and
five days after its publication.
PASSED BY THE CITY COUNCIL this day of , 2006.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2006.
Kathy Keolker, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1240:12/12/05:ma
2
t Is," reading /-9 006
/a3.aoo6
CITY OF RENTON, WASHINGTON
ORDINANCE NO. .57?S-
AN
-AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
VACATING A PORTION OF NE 4TH STREET, EAST OF ROSARIO
AVENUE NE (CITY OF RENTON; VAC-04-006).
WHEREAS, a proper petition for vacating a portion of NE 4th Street, east of
Rosario Avenue NE, was filed with the City Clerk on December 21, 2004, and that
petition was signed by the owners representing more than two-thirds (2/3) of the property
abutting upon the street or alley to be vacated; and
WHEREAS, the City Council, by Resolution No. 3735, passed on February 7, 2005, set
March 7, 2005, at 7:30 p.m. in the City Council Chambers of the City of Renton as the time and
place for a public hearing on this matter; and the City Clerk having given proper notice of this
hearing as provided by law, and all persons having been heard who appeared to testify in favor or
in opposition on this matter, and the City Council having considered all information and
arguments presented to it; and
WHEREAS, the Administrator of the Planning/Building/Public Works Department has
considered this petition for vacation, and has found it to be in the public interest and for the
public benefit, and that no injury or damage to any person or properties will result from this
vacation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION I. The following described portion of NE 4th Street, to wit:
1
r '
ORDINANCE NO.
A portion of NE 4t'' Street, east of Rosario Avenue NE, described more
particularly in Exhibits "A" and "B" attached hereto and made a part hereof
as if fully set forth herein,
be and the same is hereby vacated, subject to a utility easement over, across, under and on
all the following described area in favor of QWEST (a Colorado Corporation):
A portion of right-of-way in the Northwest Quarter of Section 14, Township 23 North,
Range 5 East, W.M., in the City of Renton, King County, Washington.
This easement is subject to the following terms and conditions:
That a utility easement will be retained by QWEST over the above-described area, with
the understanding that the property may be developed fully if the existing utilities are relocated,
with the City's approval, at the sole cost of the developer; and
That this easement shall run with the land described herein, and shall be binding upon the
parties, and their heirs and successors in interest and assigns.
SECTION II. This ordinance shall be effective upon its passage, approval, and
five days after its publication.
A certified copy of this ordinance shall be filed with the Office of Records and Elections,
and as otherwise provided by law.
PASSED BY THE CITY COUNCIL this day of , 2006.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of , 2006.
Kathy Keolker, Mayor
Approved as to form:
2
ORDINANCE NO.
Lawrence J. Warren, City Attorney
Date of Publication:
ORD.1206:10/4/05:ma
3
Exhibit A
Legal Description
The Northerly 8 feet of the following described property:
The West 150 feet of the East 1166.01 feet of the North'A of the N.E. 'A of the N.W. ''A as measured along the
North line of Section 14,Township 23 North,Range 5 East, W.M.,LESS the South 320.69 feet,and also LESS
County Road,in the City of Renton,in King County, Washington.
Situate in the Northwest Quarter of Section 14,Township 23 North,Range 5 East,W.M.,in the City of Renton,
King County,Washington.
•
1:1Admin\Amberwood 11 Street Vacation Petition.doclkrw
Exhibit B
Map Exhibit
Amberwood 2/NE 4th Street Vacation
IC)20W King County 0 100ft
Proposed Vacation
I:Wdmin\Amberwood II Street Vacation Petition.doc
Renton School Board
Good News Announcements
January 11, 2006
• Hazen High School senior Linda Le is a semifinalist in the Coca-Cola scholars
program. Based on her academic achievements and leadership skills, Linda will
find out in late February if she is a finalist and eligible for a $20,000 scholarship.
• Ana Wright is this year's winner of Nelsen Middle School's Geography Bee. Ana
will take a test to qualify for the State Geography Bee, to be held on March 31.
More than 25 Nelsen seventh-graders took part in the competition.
• Hazen High School senior Emily Gibbs has been awarded a $5,000 grant from
the Seattle Seahawks to use as part of Gordy's Garments, an on-campus
boutique that offers prom dresses, suits, shoes and accessories to students
throughout the district who cannot afford high rental costs to attend formal
events.
• Students at Sartori Education Center are making a difference in the lives of
Native Americans on the Pine Ridge Reservation in South Dakota. After learning
more of the dreadful living conditions there, students collected more than 700
pounds of clothing, blankets and necessities for members of the tribe.
• Kennydale Elementary School students, staff and parents collected more than
15 boxes of school supplies for students in El Salvador as part of Kennydale's
sister school supply drive
• Lindbergh High School Librarian Diane Ferbrache has received a Certificate of
Recognition award by the Washington Library Media Association acknowledging
her as a certified teacher as well as a school librarian.