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Home My WebLink AboutCouncil 02/06/2006 AGENDA RENTON CITY COUNCIL REGULAR MEETING February 6,2006 Monday, 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Police Department Employee Recognition 4. PUBLIC HEARING Vacation petition for portion of Jericho Ave. NE, south of NE 4th St. (Petitioner: Mike Romano) 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 1/23/2006. Council concur. b. Community Services Department requests approval of the annual roster of consultants chosen to provide Pier,Dock and Wharf Work; River Bank Stabilization; Bridge Work; and Site Inventories and Assessments, Suitability and Feasibility Studies,and Permit Preparation services in 2006, with the option of extending the roster annually in 2007 and 2008 upon department administrator approval. Council concur. c. Economic Development, Neighborhoods and Strategic Planning Department recommends approval of a contract with Hamilton/Saunderson Marketing Partnership in the corrected amount of$132,500 to administer the Renton Community Marketing Campaign. Council concur. d. Finance and Information Services Department recommends approval of an agreement with Valley Communications Center to transfer ownership of the City's software license for the custom XML Interface that delivers closed computer aided dispatch incident data for fire and police to internal systems. Council concur. (See 10. for resolution.) e. Hearing Examiner recommends approval, with conditions,of the Defoor Preliminary Plat; 21 single-family lots on 6.91 acres located on the 700 and 800 block of Cedar Ave. S. (PP-05-093). Council concur. f. Hearing Examiner recommends approval, with conditions, of the Langley Ridge at May Creek Preliminary Plat; 34 single-family lots on 34 acres located south of SE May Valley Rd. between Coal Creek Parkway and NE 26th St. (PP-05-083). Council concur. g. Human Resources and Risk Management Department recommends approval of the exemption of both the Police and Fire Chiefs from Civil Service. Refer to Public Safety Committee. h. Transportation Systems Division recommends approval of a contract with King County, Sound Transit, and Pierce Transit to continue the FlexPass Commute Trip Reduction Program for City employees in the amount of$22,770 for 2006-2007. Council concur. (CONTINUED ON REVERSE SIDE) i. Utility Systems Division requests approval of the annual roster of consultants chosen to provide } General Utility Engineering,Hydraulics/Hydrology, Soils/Geotechnical, Geohydrology,Plan Review, Construction/Inspection, and Corrosion Control services in 2006, with the option of extending the roster annually in 2007 and 2008 upon department administrator approval. Council Le concur. j. Utility Systems Division submits CAG-05-001, Sunset Sewer Interceptor Phase II; and requests approval of the project, authorization for final pay estimate in the amount of$8,638.72, commencement of 60-day lien period, and release of retainage bond in the amount of$95,793.40 to Robison Construction Inc., contractor, if all required releases are obtained. Council concur. 8. CORRESPONDENCE 9. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: Museum Management Agreement b. Public Safety Committee: Nuisance Ordinance* c. Transportation (Aviation)Committee: NE Sunset Blvd./Duvall Ave. NE Intersection Improvements Project d. Utilities Committee: Springbrook Creek Wetland&Habitat Mitigation Bank Agreements Concurrence with WSDOT 10. RESOLUTIONS AND ORDINANCES Resolution: Agreement with Valley Communications for XML Interface (see 7.d.) Ordinance for first reading: Clarifying definitions, nuisances,civil and criminal violations, and penalties (see 9.b.) liarre 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) CANCELLED Lef• 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 February 6, 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 RANDY CORMAN, Council President; DON PERSSON; MARCIE PALMER; COUNCILMEMBERS TERRI BRIERE; DENIS LAW; DAN CLAWSON; TONI NELSON. CITY STAFF IN KATHY KEOLKER, Mayor;LAWRENCE J. WARREN, City Attorney; ATTENDANCE BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; KAREN MCFARLAND, Engineering Specialist; LINDA HERZOG, Interim Assistant to the CAO; CHIEF GARRY ANDERSON, COMMANDER TIM TROXEL, COMMANDER CHARLES MARSALISI, and COMMANDER KEVIN MILOSEVICH, Police Department. SPECIAL PRESENTATION Chief of Police Garry Anderson announced that Officer Craig Sjolin,Police Police: Employee Recognition Services Specialist Holly Trader, and Officer Steven Ritchie were each selected by their peers and honored as an Employee of the Quarter in 2005. Police Services Specialist Jacqueline Thomas, the Employee of the Fourth Quarter, was also named Employee of the Year. Chief Anderson then presented the Meritorious Service Medal to Officer Clay Deering, who on 8/4/2005,entered a burning house and rescued an elderly resident. PUBLIC HEARING This being the date set and proper notices having been posted and published in Vacation: Jericho Ave NE, accordance with local and State laws,Mayor Keolker opened the public hearing Romano, VAC-05-005 to consider the petition to vacate a portion of Jericho Ave. NE right-of-way, five feet in width and 286 feet in length, located south of NE 4th St. (Petitioner: Mike Romano, Centurion Development Services, on behalf of property owner Norris Homes, Inc.) Karen McFarland,Engineering Specialist, reported that 100% of the abutting property owners have signed the vacation petition, and there are no City-owned or outside agency facilities in the right-of-way. Explaining that the petitioner plans to use the area in the proposed Jericho Plat development, Ms. McFarland pointed out that the vacation will benefit the public by improving traffic flow and safety, and will provide better public transit access by allowing a bus pullout at the intersection of NE 4th St. and Jericho Ave. NE. Currently, the existing right-of-way is five feet wider than the City requires, and the developer has been working with City staff to improve Jericho Ave. NE beyond the code requirements to a modified collector street standard. Continuing, Ms. McFarland stated that although King County Assessor records and the Plat Certificate provided by the title company neglected to show the area of this vacation request as right-of-way, City staffs overall final plat review process showed this right-of-way as an area that was to be abandoned. She relayed the staff request that an easement for sidewalk, street lighting, and utilities be retained in the subject area. Ms. McFarland explained that since the City acquired the street through the 1998 East Renton Plateau Annexation, there were no original acquisition costs. The vacation area is unimproved and City funds have not been expended for its February 6,2006 Renton City Council Minutes Page 26 , maintenance. Therefore, staff recommends that compensation not be charged since the easement will provide the City with all rights necessary for the City's intended use of the area, and the City will benefit from the street improvements associated with Jericho Plat. In conclusion,Ms. McFarland stated that staff recommends approval of the vacation request,and waiver of the compensation. In response to Councilman Persson's inquiry regarding the bus pullout,Ms. McFarland explained that throughout the plat review process,the vacation area was already shown to be a part of the Jericho Plat and not right-of-way. Thus, the bus pullout has already been planned. Mike Romano,Centurion Development Services, 22617 8th Dr. SE,Bothell, 98021,noted that the vacation proposal is holding up the recording of the final plat. He explained that the original preliminary plat map showed the area as a road easement,and therefore it was considered to be a part of the plat until discovered by City staff to be right-of-way. Mr. Romano encouraged Council to approve the vacation so that the project can move forward as originally approved by Council. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL APPROVE THE VACATION REQUEST SUBJECT TO AN EASEMENT IN FAVOR OF THE CITY BEING RETAINED OVER THE ENTIRE RIGHT- OF-WAY FOR SIDEWALK, STREET LIGHTING, AND UTILITIES,AND COUNCIL WAIVE COMPENSATION GIVEN THE BENEFITS THAT WILL BE RECOGNIZED BY THE CITY FROM THE ASSOCIATED STREET IMPROVEMENTS. CARRIED. ADMINISTRATIVE Linda Herzog,Interim Assistant to the CAO,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: * The Mayor's Day of Planting is scheduled for April 22nd. This year's project will include the replacement of 26 trees along Williams Ave. S. and Houser Way S., with the help of volunteers through the Neighborhood Program. * The Renton Community Foundation Circle of Giving donated $1,000 to the Recreation Scholarship Program. * The Washington State Department of Transportation is currently installing a safety fence on the SW 43rd St. overpass over SR-167 near Valley Medical Center. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilman Clawson, item 7.c. was removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of 1/23/2006. Council concur. 1/23/2006 Community Services: Marine Community Services Department requested approval of the annual roster of Engineering Annual consultants chosen to provide Pier,Dock and Wharf Work; River Bank Consultant Roster Stabilization; Bridge Work; and Site Inventories and Assessments, Suitability February 6,2006 Renton City Council Minutes Page 27 and Feasibility Studies, and Permit Preparation services in 2006, with the option of extending the roster annually in 2007 and 2008 upon department approval. Council concur. Finance: XML Interface Finance and Information Services Department recommended approval of an Software License Transfer, agreement with Valley Communications Center to transfer ownership of the Valley Communications City's software license for the custom XML Interface that delivers closed computer aided dispatch incident data for fire and police to internal systems. Council concur. (See page 29 for resolution.) Plat: Defoor, Cedar Ave S,PP- Hearing Examiner recommended approval, with conditions, of the Defoor 05-093 Preliminary Plat; 21 single-family lots on 6.91 acres located on the 700 and 800 block of Cedar Ave. S. Council concur. Plat: Langley Ridge at May Hearing Examiner recommended approval, with conditions, of the Langley Creek, SE May Valley Rd, PP- Ridge at May Creek Preliminary Plat; 34 single-family lots on 34 acres located 05-083 south of SE May Valley Rd. between Coal Creek Parkway and NE 26th St. Council concur. Human Resources: Police & Human Resources and Risk Management Department recommended approval Fire Chiefs Exemption from of the exemption of both the Police and Fire Chief positions from civil service. Civil Service Refer to Public Safety Committee. Transportation: FlexPass Transportation Systems Division recommended approval of a contract with Program,King County & King County, Sound Transit, and Pierce Transit to continue the FlexPass Sound Transit&Pierce Transit Commute Trip Reduction Program for City employees in the amount of $22,770 for 2006-2007. Council concur. Utility: Annual Consultant Utility Systems Division requested approval of the annual roster of consultants Roster chosen to provide General Utility Engineering,Hydraulics/Hydrology, Soils/Geotechnical, Geohydrology,Plan Review, Construction/Inspection, and Corrosion Control services in 2006, with the option of extending the roster annually in 2007 and 2008 upon department administrator approval. Council concur. CAG: 05-001, Sunset Sewer Utility Systems Division submitted CAG-05-001, Sunset Sewer Interceptor Interceptor Phase II, Robison Phase II; and requested approval of the project, authorization for final pay Construction estimate in the amount of$8,638.72, commencement of 60-day lien period, and release of retainage bond in the amount of$95,793.40 to Robison Construction Inc., contractor, if all required releases are obtained. Council concur. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 7.c. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Economic Development, Neighborhoods and Strategic Planning Department Item 7.c. (EDNSP) recommended approval of a contract with Hamilton/Saunderson EDNSP: Community Marketing Partnership in the corrected amount of$132,500 to administer the Marketing Campaign, Renton Community Marketing Campaign. Hamilton/Saunderson Councilman Clawson noted that Council approved the contract in the amount of $112,500 on 1/9/2006, and asked why more money is needed. City Attorney Larry Warren explained that the contract is funded by lodging tax collections in the amount of$62,500, stakeholder contributions in the amount of$50,000, and EDNSP's "Business Recruitment" budget line item in the amount of$20,000. Although budgeted for, the $20,000 was not included when the contract was originally presented to Council. February 6,2006 Renton City Council Minutes Page 28 MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL APPROVE CONSENT AGENDA ITEM 7.c. AS PRESENTED. CARRIED. UNFINISHED BUSINESS Transportation(Aviation) Committee Chair Palmer presented a report regarding Transportation(Aviation) the classification of SR-169 as a Highway of Statewide Significance. SR-169 Committee was not included in the current list of Highways of Statewide Significance that Transportation: SR-169, was created in 2004. Since this issue may not be reconsidered for another five Classification as Highway of years, the Committee recommended that this matter be removed from the Statewide Significance Committee's referral list. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. CAG: 05-165,NE Sunset Transportation(Aviation)Committee Chair Palmer presented a report Blvd/Duvall Ave NE recommending concurrence in the staff recommendation to authorize the Mayor Intersection Improvements, and City Clerk to award construction contract CAG-05-165 in the amount of Sanders General Construction $1,655,345.54 to Sanders General Construction Company for the NE Sunset Blvd. (SR-900)/Duvall Ave. NE Intersection Improvements Project. The Committee further recommended the transfer of$1,528,369 from Fund 317 year-end 2005 fund balance to this project. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Safety Committee Public Safety Committee Chair Law presented a report regarding the ordinance Development Services: on criminal penalties, civil penalties, and nuisances. The ordinance was Nuisance Ordinance substantially reworked to streamline it, to remove outdated sections, and to acknowledge the shift from civil penalties to criminal penalties, necessitated by the court's high standing to obtain search warrants. Code enforcement staff made a number of suggestions to make enforcement easier and to provide code language to more easily resolve some common complaints. Finally, a section was added to the noise ordinance dealing with the citizens'complaints about extremely loud noise. The Committee recommended that Council adopt the ordinance on criminal penalties, civil penalties,and nuisances. MOVED BY LAW, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 29 for ordinance.) Utilities Committee Utilities Committee Chair Clawson presented a report recommending WSDOT: Springbrook Creek concurrence in the staff recommendation to approve the concurrence letter for Wetland and Habitat the following draft agreements associated with the City of Renton/Washington Mitigation Bank Concurrence State Department of Transportation(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; and • Conservation Easement. The Committee further recommended that the Mayor and City Clerk be authorized to sign the concurrence letter for the pending agreements. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. February 6,2006 Renton City Council Minutes Page 29 Community Services Community Services Committee Chair Nelson presented a report Committee recommending concurrence in the staff recommendation to approve a ten-year Community Services: Museum museum management agreement,with an option for an additional ten years, Management,Renton with the Renton Historical Society. The Committee further recommended that Historical Society the Mayor and City Clerk be authorized to sign the agreement. MOVED BY NELSON, SECONDED BY PALMER,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution#3789 A resolution was read authorizing the Mayor and City Clerk to enter into an Finance: XML Interface interlocal agreement with Valley Communications entitled "Custom XML Software License Transfer, Interface Agreement." MOVED BY BRIERE, SECONDED BY PALMER, Valley Communications COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 2/13/2006 for second and final reading: Development Services: An ordinance was read amending Chapter 1-3, Remedies and Penalties,of Title Nuisance Ordinance I(Administrative) of City Code by clarifying definitions,nuisances, civil and criminal violations, and penalties. MOVED BY LAW, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/13/2006. CARRIED. ADJOURNMENT MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 7:44 p.m. � l ,Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann February 6, 2006 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING February 6, 2006 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 2/13 Briefing on Police Department Procedures (Corman) 6:30 p.m. Relative to Local Pawn Shops COMMUNITY SERVICES (Nelson) FINANCE MON., 2/13 Vouchers; (Persson) 5:30 p.m. Council Contract Policy PLANNING&DEVELOPMENT (Briere) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Clawson) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. `Y 0� City of Renton PUBLIC INFORMATION HANDOUT February 6, 2006 STREET VACATION PETITION VAC-05-005 For additional information, please contact: Karen McFarland; City of Renton Technical Services 425A30.7209 DESCRIPTION: The City Council will hear a proposal requesting the vacation of a portion of Jericho Ave NE right-of-way, 5' in width and 286' in length. The requested vacation area is shown on the accompanying map exhibit. SUMMARY: A vacation petition was received on December 23, 2005, from Mike Romano on behalf of the property owner Norris Homes, Inc. The portion of right-of-way included in this petition was quitclaimed by Robert E Levy and Gertrud S Levy on August 3, 1987. There are no facilities in the area of this vacation. The petitioner plans to use the requested vacation area in the proposed Jericho Plat development. According to the petitioner, the public benefit provided by the proposed vacation would be to improve traffic flow and safety. Currently, the existing right-of-way from the centerline is five feet wider than the City requires. Per the City's code requirements, Jericho Ave NE is only required to be developed to residential street standards. The developer has been working with City staff to improve Jericho Ave NE beyond the code requirements to a modified collector street standard. Improving Jericho Ave NE to this standard benefits the City by providing better public transit access. Specifically, these improvements will allow a bus pullout at the intersection of NE 4th Street and Jericho Ave NE. As established by RCW 35.79.030, the street vacation petition, if granted, must be approved by the City Council through ordinance after a public hearing is held. The City shall receive compensation in accordance with RCW 35.79.030 for the vacated alley. The ordinance shall be recorded with King County once it is in effect. Vicinity Map Street Vacation VAC-05-005 Petitioner: Mike Romano J NE 4th Street 5I--,/ — / W r rZ I. Nr 0 V 'i Q) 1 n Vicinity Map LI1 ! ■� C Limit _ n II > �'�I�� Ri ■111 0 100 200 _a .�,� _ ::- al VY ..... .. ... -o, till/tree_ 1111 ad : 1 : 1200 = '• �-, :: UM ifaillgitzilervicz .1 % / / lic llorks 11„� 1;+W" Ian. 30. 2006 f O,. N 0 N 31] 900Z `9 Ln?rucIod goo - go-DvA NOLLLLd NOLLYDVA 110 Ru-wag oiiand o Z O U O .. LOCATION mr:C . ......hum.. ......: ... .,. _� i ' 'u..:_�� • �1 ;_�� ■11.1■■. 4,..67:llit=.-ar Vioalli pa RUIN PMI' My\\11111 IIIIIIII' .�'\�� %rut ---�� _�► is ■■U�.' X1111 =��►"i 1r- MUM E_ ZiiiI Z.° — -, un:T a rii `II.SIM :;;;:ti.. ,N1 mi .- . nnii orl �.r- _Fan... .. • 1111111 ma INNI:== IMN —1-. OM: ..../ :�. 01.4r ,.�t . _W -•1o. .o_ I__ .../ . Area of IrrilitiZa g.�.'-MOM.Min VI NIbi�=`......__....._1._ Mix Vacation .•Ir 1111 i itl:NI mg i ili i_el I..� 11111\ ■•■► ..1. 111 !!��:_-•_•_ :-=_.,11 fm Request •� .1,j ii 410 1111.111111 �I�i°1/i--�to IIIUn•. .�..NINI' =nun •■a .=.■nnim iii■■. .•►..�•�: 4% m 1111. .d` J ' IIIII MC EMI •ate��-ui ��._7 0��1 9��I= ® �r'1111 111—�!ifV �•I'm - ��40 i ► 1/11 i �,,.�- .1.��.; a IIIII`'/ .•� .l .■...dll 1I1,i111 11111111w� ��yiiu'ii ii - �7,`Ip„� 11111111111-�luuununi �� 0 S1 °00.0�'� King 00 County LOCATION _ , 1 I I I Nui, 1 1Q g' / ' ' '.2 , ,11,& NE 4111 St 1 286' II r T ION L, ,_ . O A „,,,,, .. .,., 4, ,. ill s . ,. t_____ ., .\,.., . ......�� r t 4 ,,,,„ , �— � #131. $ t •3 , .'� �ft �� ,Ai - .f —1., ,,= i,,, ,,. •'.',4, ' ,,,...irow„,....,,,,m„„Wrx, r."":''' ,, ��@ � y 'h Cas S 4s , .,.,„.,.. ti ,.m ,, . ,,,,„ .,„,,,,,,, _ 1.1 ,..,7,..... ,,, „....;41:, .. . ,,,,,,,, ','!" ' ',..'"..:''•1•44!,;(... 1 1 i lett . , , . . � 4 "t' $ X',.., ,..„,i..��% ^.13s, ' i.c,,,,,,:,,,,„ , Soh i4 4 tf i wti' 2 �� `�}` � '�� Y( �� ,—fib � Mr E ., 1 BACKGROUND • Petition received December 2005 • Pursuant to State and City Code, more than 2 / 3 of the abutting owners must sign the petition • 100% of abutting owners have signed BACKGROUND • Right--of-way quitclaimed to King County by Robert E. Levy and Gertrud S. Levy on August 3 , 1987 • No City-owned facilities in requested area • No outside agencies have facilities in requested area PUBLIC BENEFIT • The petitioner plans to use the requested area in the proposed Jericho Plat development • Improve traffic flow and safety • Allow better public transit access • Improve Jericho Ave NE beyond the code requirements to a modified collector street standard RESEARCH/ SURVEY • City departments surveyed through the plat review process • Area of this vacation request had been shown as an area to be abandoned through this process, staff determined that City departments did not need to be resurveyed RESEARCH/ SURVEY Internal Review Comments • PBPW/Transportation and Development Services: — Staff had additional communication with these groups — Both had no objections provided that the City retains an easement for sidewalk, street Lighting and utilities RECOMMENDATION � 4 � COMPENSATION • City acquired this street through the 1998 East Renton Plateau Annexation • The City had no original acquisition costs • No City funds have been expended for the maintenance of this unimproved portion of Jericho Ave NE The Planning/Building/Public Works Department recommends that Council: ✓ approve the request to vacate subject to the following condition: ■ An easement in favor of the City shall be retained over the entire right-of- way being vacated for sidewalk, street lighting, and utilities ✓ determine that no compensation be due given the benefits that will be recognized by the City from the associated street improvements. ADMINISTRATIVE, JUDICIAL, AND + LEGAL SERVICES DEPARTMENT MEMORANDUM DATE: February 6, 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: GENERAL INFORMATION • The Mayor's Day of Planting is scheduled for Saturday, April 22nd. This year's project will include the replacement of 26 trees along Williams Avenue South and Houser Way South, with the help of volunteers coordinated through the Neighborhood Program. The Parks Division will begin removal of the existing trees in February. Replacement trees will include flowering "Capital" Callery Pear along Williams Avenue and flowering Columnar Sergeant Cherry along Houser Way. More information on the Mayor's Day of Planting will be provided in April. • Free income tax preparation assistance is available until April 15th at the Renton Salvation Army Rotary Food Bank, 206 South Tobin Street. The service is available on a walk-in only basis and is offered for assistance with simple tax returns only. Sessions are offered from 5:00 to 8:00 p.m. on Thursdays, with Vietnamese translators available, and on Saturdays from noon to 3:00 p.m., with Spanish translators available. Assistance with selected other tax returns is available by appointment at four Renton locations, as follows: Renton Community Center (call 425-430-6700 for an appointment), Renton Highlands Library (call 425-430-6790 for an appointment), Washington Mutual Bank (call 425-227-6212 for an appointment), and the Renton Senior Activity Center(seniors call 425-430-6633 for an appointment). To your appointment bring all 2005 W-2 and 1066 forms received, photo identification, and Social Security numbers for yourself and your dependents. For more information contact Karen Bergsvik, City of Renton Human Services Division, at 425-430-6652. COMMUNITY SERVICES DEPARTMENT • Thank you to the Renton Community Foundation Circle of Giving for donating $1,000 to the Recreation Scholarship Program. Due to the generosity of various service groups, citizens, and Renton employees, a total of$10,100 was donated in 2005, allowing 162 scholarships to be awarded to low-income individuals to participate in City-sponsored recreational activities. • Rotary Club of Renton purchased 1,500 coats through Rotary's National Operation Warm Coat. In October, Family Liaisons from Communities in Schools of Renton and Rotarians handed out 832 coats to kids who needed them. Another 500 coats have been given away since then, leaving 200 more to distribute. • Administrative Report Page 2 of 2 February 6,2006 • • Terry Flatley, City of Renton Parks Maintenance Manager, has been appointed by Doug Sutherland, the State Commissioner of Public Lands, to serve a three-year term as the Urban Forest Manager for the Washington Community Forestry Council's Executive Advisory Committee. Terry will offer his knowledge, expertise, and time to further the State of Washington's urban and community forestry programs. ECONOMIC DEVELOPMENT, NEIGBORHOODS, & STRATEGIC PLANNING DEPARTMENT • The City of Renton Neighborhood Grant Program is launching its first round of grants for 2006. The grants are available to residents of neighborhoods who have organized themselves to plan and implement projects for the purpose of improving the viability and livability of their neighborhoods. The Neighborhood Grant Program provides matching funds to organized neighborhood associations that draw membership from a commonly recognized geographic neighborhood in Renton or ad hoc groups of neighbors who form an organization to work on a specific project. The total amount of grant funds available in 2006 for neighborhood projects is $50,000. To receive a grant application or additional information, contact Norma McQuiller, Neighborhood Coordinator, at 425-430-6595. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • The Washington State Dept. of Transportation is currently installing a safety fence on the SW 43rd Street overpass over SR 167 near Valley Medical Center. This fence will be an important safety feature for both pedestrians using the overpass and motorists traveling on the highway below. • Water, sewer, and surface water improvements are underway along Wells and Williams Avenues between South 2nd and South 3rd Streets in downtown Renton and are expected to be complete by February 19th. Additional work to be completed by the end of March includes replacement of sidewalks, curbs, and gutters along Wells and Williams Avenues. The temporary pavement currently in place on both streets will be improved as part of this process, and new asphalt overlay will be applied this summer. Businesses along Wells and Williams were notified about this project to complete the work that had been left unfinished by the utility contractor a couple of months ago. From: Alexander Pietsch To: Pietsch, Alexander Date: 2/6/2006 5:15:20 PM Subject: CITY OF RENTON MEDIA INFORMATION---For Immediate Release Please MEDIA RELEASE February 6, 2006 For information, call Sonja Mejlaender, Community Relations Work: 425-430-6514; Cell: 206-794-3271 Friendship Blossoms The City of Renton, in conjunction with other cities and towns across Washington State, will simultaneously plant a cherry tree on Tuesday, February 14, 2006, at 11:00 a.m. at Earlington Park, located at 272 Thomas Ave. SW, Renton, WA 98055. This statewide celebration, initiated by the Association of Washington Cities (AWC), commemorates the 30th anniversary of a gift of 1,000 cherry trees from Japanese Prime Minister Takeo Miki to the City of Seattle in 1976, in recognition of the United State's bicentennial. The plantings of cherry trees in the United States, dates back to 1912 as a gift of friendship from the people of Japan. In Japan, the flowering cherry tree or "Sakura", as it is called, is one of the most exalted flowering plants. Renton has also been the recipient of such blossoming gifts from its sister-city relationship with Nishiwaki, Japan. Renton's relationship with Nishiwaki began in 1969 when a sister city alliance was forged by the Renton Lions Club, with support of other civic organizations, to promote mutual understanding and good will between the United States and Japan. This strong alliance evolved into an official City of Renton program in 1994 when the Renton Nishiwaki Sister City Committee was formed. Today, Renton residents enjoy blossoming trees in Liberty Park and along the Cedar River Trail, which began as seedlings in a gift to Renton in 1989 by a visiting delegation from Nishiwaki, Japan. The City of Renton is honored to participate in the AWC statewide effort on February 14 at Earlington Park. This planting ceremony honors the past, celebrates the present, and creates lasting beauty for the future as friendships blossom. digital photo attached Alex Pietsch Administrator Dept. of Economic Development, Neighborhoods & Strategic Planning City of Renton 425.430.6592 voice 425.430.7300 fax www.rentonmarket.com www.ci.renton.wa.us CC: Julia Medzegian; Linda Herzog; Sonja Mejlaender CITY OF RENTON COUNCIL AGENDA BILL IAIif: i • b . Submitting Data: For Agenda of: February 6, 2006 Dept/Div/Board.. Community Services/Parks Staff Contact Leslie Betlach, Ext. 6619 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Marine Engineering services small projects roster. Ordinance Resolution Old Business Exhibits: New Business Study Sessions Statement of Qualifications List Marine Engineering - Information Annual Consultant Roster for 2006-2007 (Attachment A). Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Community Services Division staff advertised for Statements of Qualifications (SOQs) for an Annual Consultant Roster to provide consulting services for small projects in marine work. Staff evaluated the SOQs and selected the consultants as listed on the shortlist and broken into four subsections based on qualifications (Attachment A) for placement on an Annual Consultant Roster. The roster is proposed to be valid for the period from February 2006 to February 2007, with the option of the Department Administrator to extend the roster annually in both 2007 and 2008. As a need for marine engineering services arises, a standard City of Renton engineering services contract will be executed with the most qualified consultant on the roster. Contracts will be negotiated and executed in compliance with City Policy 250-02, Bidding and Contracting Requirements, and subsequent amendments to this policy, as approved by the Mayor and Council. STAFF RECOMMENDATION: Authorize inclusion of the list of consultants on Attachment A into the annual Consultant Roster to be used for the year 2006 with the option of extending the roster annually in 2007 and 2008. H:1Kim\BIll\Small Works\SOQ Marine Engineering Agnbill.doc ATTACHMENT A STATEMENT OF QUALIFICATIONS LIST MARINE ENGINEERING ANNUAL CONSULTANT ROSTER FOR 2006-2007 Category A—Pier, Dock& Wharf Work Category D—Site Inventories &Assessments; Berger/Abam Engineers, Inc. Suitability&Feasibility Studies; and Permit Coast&Harbor Engineering Preparation INCA Engineers, Inc. Adolfson Environmental Solutions KPFF Consulting Engineers Anchor Environmental, LLC Moffatt&Nichol Berger/Abam Engineers, Inc. Parametrix Engineering Coast& Harbor Engineering PND Incorporated Consulting Eng. Exeltech Consulting, Inc. Reid Middleton Engineers Inca Engineers, Inc. (NOT Permit Prep.) Moffatt&Nichol Category B—River Bank Stabilization NW Civil LLC Anchor Environmental, LLC Parametrix Engineering Berger/Abam Engineers, Inc. PND Incorporated Consulting Eng. CHS Engineers, LLC Reid Middleton Engineers Coast& Harbor Engineering Sargent Engineers, Inc. Moffatt&Nichol White Shield, Inc. Parametrix Engineering PND Incorporated Consulting Eng. Category C—Bridge Work Berger/Abam Engineers, Inc. Exeltech Consulting, Inc. INCA Engineers, Inc. KPFF Consulting Engineers Moffatt&Nichol Parametrix Engineering PND Incorporated Consulting Eng. Sargent Engineers, Inc. H:\Kim\BiII\SmaII Works\SOQ Marine Engineering and Design List Attach A.doc CITY OF RENTON COUNCIL AGENDA BILL AI#: ° d• Submitting Data: For Agenda of: Dept/Div/Board.. Finance&IS Department February 6, 2006 Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Interlocal Agreement to Transfer Ownership of Correspondence.. Software License for Custom XML Interface to Ordinance Valley Communications Resolution X Old Business Exhibits: New Business Issue Memorandum Study Sessions Interlocal Agreement Information Resolution Recommended Action: Approvals: Legal Dept 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: Staff presents a Resolution and interlocal agreement between Valley Communications (ValleyCom)and the City of Renton. The agreement provides a transfer of ownership of a software XML interface application owned by the City to ValleyCom. This application provides seamless,unattended data flow from the Valley Communications dispatch system. Other agencies have expressed interest in adopting this XML interface application. The agreement allows the software code to be shared with other ValleyCom customers and provides compensation to the City. STAFF RECOMMENDATION: Staff recommends that the Council adopt the Resolution authorizing the Mayor and City Clerk to execute the agreement between ValleyCom and the City of Renton to transfer ownership of the software license for Custom XML Interface. H:\FINANCE\ADMINSUP\O1_AgendaBills\Interlocal Agmt w_ValleyComm re XML Interface Software.doc Cti`SY O FINANCE AND INFORMATION SERVICES �; , DEPARTMENT • ) MEMORANDUM DATE: January 31, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker,Mayor FROM: Michael E. Bailey, Administrator-- STAFF CONTACT: George McBride, ext. 6886 SUBJECT: Interlocal Agreement to Transfer Ownership of Software License for Custom XML Interface to Valley Communications ISSUE: The interlocal agreement represents the City's agreement to transfer ownership of a software application program, developed and paid for by the City,to Valley Communications. This software application allows the software code to be shared with other Valley Communications customers, thereby improving agency communications and recovering the City's investment. RECOMMENDATION: We recommend Council's approval of this interlocal agreement with Valley Communications to provide XML data streams of closed dispatch incidents to other agencies. BACKGROUND SUMMARY: As part of the fire records management project, the City paid an outside consultant to develop an automated, closed dispatch incident data stream for both fire and police. The fire data is imported directly into the FDM records system while the police data is being temporarily stored in an Oracle database. At some future time, this data will also be integrated into the police records system. The technology used for this project, XML, is a technology standard that has since been adopted by the public safety community to provide seamless, unattended data flow from the Valley Communications dispatch system. Previously, Valley Communications used message switching technology to move data to and from client agencies. This proved to be costly in terms of hardware and software support and is not, in our view, a long-term technology strategy. Agencies are expressing interest in adopting the City's XML interface. This agreement transfers ownership of the software code to Valley H:\FINANCE\ADMINSUP\02_IssuePapers_memos to Council or Mayor\VC XML Data Transfer Issue Paper-doc Randy Corman,Council President Members of the Renton City Council January 31,2006 Page 2 of 2 Communications. We believe the fee schedule in the agreement is fair and equitable. In addition, the fee schedule provides for long-term Valley Communications support. CONCLUSION: This proposal allows reimbursement to the City in the amount of$2,500 for each agency's use for code development costs; it removes any support obligation from the City; and makes this application readily available to other Valley Communication clients. MEB/GM/dlf cc: Jay Covington,CAO Linda Herzog,Assistant to the CAO George McBride,Information Services H:\FINANCE\ADMINSUP\02_IssuePapers_memos to Council or Mayor\VC XML Data Transfer Issue Paper.doc CUSTOM XML INTERFACE AGREEMENT This agreement is entered into between the City of Renton, a non-charter code city organized and operating under the laws of the State of Washington (Renton), and Valley Communications Center, a municipal corporation organized under the Interlocal Cooperation Act (ValleyCom). RECITALS A. Renton has developed and implemented a software code, the custom XML Interface (Interface) that delivers closed computer aided dispatch incident data for fire and police to internal systems. B. The Interface was developed using XML because XML is an industry standard that is relatively inexpensive to code, is highly reliable, and requires little maintenance. C. Renton has expended the approximate cost of$24,600.00 to create the Interface. D. Renton has elected to transfer ownership of this Interface to ValleyCom so that ValleyCom can share the Interface with other agencies subject to the rights and obligations contained in this agreement. NOW THEREFORE, Renton and ValleyCom do agree as follows: AGREEMENT 1. Renton will transfer to ValleyCom, at no initial cost, all its right, title and interest in the Interface. 2. ValleyCom, after transfer of the Interface, will support and maintain the interface to insure delivery of the closed cad dispatch data 24 hours a day, 7 days a week. 3. ValleyCom will recommend to its client agencies that this standard method of obtaining cad data be utilized, as written, with no modifications. Any modifications to the Interface must be approved by ValleyCom's Advisory Committee on Technology. 4. ValleyCom shall require each agency using the interface to pay a one-time $3,500 use and maintenance fee of which $2,500 will be credited to Renton to recover its development costs and $1,000 will be retained by Valley Com to fund the maintenance and improvement of the interface. Once Renton has been fully reimbursed for its $24,600 development investment in the Interface, ValleyCom will retain all monies paid for the use and shall have exclusive control of the Interface. Until Renton's development investment has been fully reimbursed, ValleyCom will not adjust this fee up or down without Renton's prior written approval. 5. Should ValleyCom, at any time, discontinue use or support of the Interface before Renton has had its $24,600 development costs fully reimbursed, title to the Interface will revert to Renton, at no cost. Prior to any demand of reversion by Renton, Renton will give notice to ValleyCom and give ValleyCom adequate time, not to exceed thirty days, to restore use or support of the Interface. 6. ValleyCom, in allowing an agency to use the interface, shall not transfer title to that agency, or permit the agency to assign the Interface to yet another agency directly or indirectly through merger, acquisition, incorporation or annexation. XML Interface Agreement—Page 1 of 2 7. (a) Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. (b) Attorney's Fees.. In any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit. (c) Written Notice. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address on record for billing and payment of dispatch fees. (d) Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of Renton and ValleyCom. (e) Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. (f) Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of either party, and those statements shall not be construed as forming a part of or altering in any manner this agreement. THIS AGREEMENT will take effect on the last date entered below. CITY OF RENTON VALLEY COMMUNICATIONS CENTER by by 0,e_469itiits its 62±..e.jo 7t, Date: Date: f 5G-D(P APPROVED AS TO FORM: APPROVED AS TO FORM /Mk 197tA Lawrence J. Warren Toni Brubaker Renton City Attorney Kent City Attorney, of counsel to ValleyCom XML Interface Agreement—Page 2 of 2 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH VALLEY COMMUNICATIONS ENTITLED "CUSTOM XML INTERFACE AGREEMENT." WHEREAS, RCW 39.34.080 authorizes the City of Renton to enter into an interlocal agreement with other public agencies; and WHEREAS, the City of Renton has developed and implemented a software code, the custom XML Interface(Interface), that delivers closed computer aided dispatch incident data for fire and police to internal systems; and WHEREAS, the Interface was developed using XML because XML is an industry standard that is relatively inexpensive to code, is highly reliable, and requires little maintenance; and WHEREAS, the City of Renton expended the approximate cost of$24,600 to create the Interface; and WHEREAS, the City of Renton elects to transfer ownership of this Interface to Valley Communications (Valley Com) so that Valley Com can share the Interface with other agencies subject to the rights and obligations contained in the agreement; and WHEREAS, the agreement improves interagency communications and provides for recovery of the City's investment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: 1 RESOLUTION NO. SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Valley Communications entitled"Custom XML Interface Agreement." 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.1153:2/1/06:ma 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: ' Submitting Data: For Agenda of: 2/6/2006 Dept/Div/Board.. Hearing Examiner Staff Contact Fred J. Kaufman, ext. 6515 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Defoor Preliminary Plat Ordinance File No. LUA-05-093, ECF, PP Resolution Old Business Exhibits: New Business Hearing Examiner's Report and Recommendation Study Sessions Legal Description and Vicinity Map Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Hearing Examiner's Report and Recommendation on the Defoor Preliminary Plat was published on January 12, 2006. The appeal period ended on January 26, 2006. The Examiner recommends approval of the proposed preliminary plat subject to the conditions outlined on pages 11 and 12 of the Examiner's Report and Recommendation. Conditions placed on this project are to be met at later stages of the platting process. No appeals were filed. 'STAFF RECOMMENDATION: Approve the Defoor Preliminary Plat with conditions as outlined in the Examiner's Report and Recommendation. Rentonnet/agnbill/ bh January 12,2006 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: Terry Defoor GWC, Inc. 24633 NE 133rd Street Duvall, WA 98019 OWNERS: Ronnie CS Teng,Leng-Sheng Teng, Mei-Yu Teng Dang, Wei Kang Kho Chiu-Chu Tuan 835 Elm Avenue San Gabriel, CA 91107 Defoor Preliminary Plat File No.: LUA 05-093, ECF,PP LOCATION: 700/800 block of Cedar Avenue S SUMMARY OF REQUEST: Approval for a 21-lot subdivision of a 6.91-acre site intended for the development of single-family residences. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on December 15, 2005. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the December 20, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, December 20, 2005, at approximately 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map application, proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No. 3: Preliminary Plat Plan Exhibit No.4: Conceptual Landscape Plan Defoor Preliminary Plat File No.: LUA-05-093,ECF,PP January 12, 2006 Page 2 Exhibit No. 5: Preliminary Grading and Utility Plan Exhibit No. 6: Tree Cutting and Land Clearing Plan Exhibit No. 7: Slope Analysis Exhibit No.8: Preliminary Site Sections A-A through C-C Exhibit No.9: Preliminary Site Sections D-D through Exhibit No. 10: ERC Mitigation Measures F-F Exhibit No. 11: City's Determination of the Exhibit No. 12: Reconsideration Request/Appeal of unmapped Streams/Wetland Classification Determination of Unmapped Streams Exhibit No. 13: City's Reconsideration of Unmapped Exhibit No. 14: Plat map for Condominium Stream Determination The hearing opened with a presentation of the staff report by Jill Ding, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located within the 700-800 block of Cedar Avenue South,which borders the eastern side of the site. The western portion is bordered by I-405 and along the south is a Puget Sound Energy transmission line right-of-way. The site is located within the R-8 zone and the single-family comprehensive plan designation. The surrounding neighborhoods are primarily single- family, along the northwestern portion of the site there is a multi-family R-10 zone and several condominiums located north of the subject site. The project area is approximately 6.91 acres and it is proposed to subdivide the site into 21 lots,there would be 6 Tracts created;4 open space Tracts, 1 a utility Tract for a sewer lift station and 1 for a private access Tract. It was noted that the Tracts had a very unusual numbering system and that a couple of the numbers had been duplicated. The Examiner inquired as to why there were Access Tracts rather than Easements across some of the lots. Ms. Ding stated that the City typically does require an Access Easement as opposed to Access Tract, however the City's Sewer Department looked at the proposed location for the lift station and it was noted that the location for the lift station was not good. It was recommended that the lift station be moved to the Access Tract. The average slope of the site is approximately 24%and therefore is considered a hillside subdivision. There are protected slopes located on the subject site, one located in the northeast corner and a second along Cedar within proposed Lots 15, 16, and 17. There are a series of sensitive slopes,high coal mine hazard areas, a wetland and some streams located in Open Space Tract 995. All streams located on the subject site are unmapped,the City's Environmental regulations require that a determination be made on the classification of the streams. Stream A and C are classified as a Class 4 stream, Stream B as a Class 3 stream designation and wetland B as a Class 3 wetland. The applicant appealed the City's determination and the appeal has been scheduled for the end of January. If the modification were to be modified per the applicant, it would not change the plat other than possibly the buffer along the corner of Lot 11. Access for the subject site is proposed off of Cedar Avenue or South 7th Street. The applicant has proposed construction of a new road(Road A)running north/south terminating at the south in a cul-de-sac turnaround. From the end of the turnaround,the applicant proposes a 26' wide private access Tract(998)that would serve Lots 9, 10, 11, 12, 13 and possibly 14. The applicant did request a modification from the required 50-foot internal access road down to 42-feet with a further reduction of 30-feet at the entrance of the plat. 6 mitigation measures. There were no appeals. This project is subject to the 2005 King County Surface Water Design Manual for the design of the detention facility. Defoor Preliminary Plat File No.: LUA-05-093, ECF, PP January 12, 2006 Page 3 The net density is 3.47 dwelling units per net acre after the required deductions, which is less than the minimum density permitted in the R-8 zone. The applicant requested a waiver and the City granted it due to the high coal mine hazard areas that are to be preserved within a large open space tract. All lots meet the requirements for lot size, setbacks and height of buildings. The City does require a 5-foot landscape strip along all public rights-of-way and also two trees within the front yard of each lot. All lots are rectangular in shape and are oriented towards the public street or access tract. The Fire Department has reviewed the plat and is recommending that for the emergency access roads "No Parking"signs should be posted along the private access tract. Fire,Transportation and Park Mitigation Fees have been imposed for this plat. The topography of the subject site is fairly steep, it does slope from east to west at an approximate grade of 24%. There is a protected slope in Tract 996, it does exceed 40% in grade and is above 15-feet in height. There is another 40% slope located within the rear yards of Lots 15, 16 and 17 along Cedar Avenue South. The applicant has requested an exception through modification to re-grade that slope within the rear yards of Lots 15, 16, and 17 due to the fact that that slope was created during the construction of Cedar Avenue South, that modification was granted by the City. Open space tract 995 contains 3 streams and a wetland as well as the majority of the high coal mine hazard areas. The Examiner clarified the tract numbering: 997 is the stormwater tract, 996 is the utility and sewer lift station tract, 996 is also the entrance tract. At this point the Examiner required that the applicant number the tracts in some consecutive order(Tract A through F). The City's critical area regulations required that a Native Growth Protection Easement be required to protect sensitive areas. Tract 996(the entrance tract)and 995 will have Native Growth Protection Easements recorded to protect the sensitive areas. In addition a split rail fence be installed along the edges of those tracts and appropriate signage so the residents of the plat are aware of the area. The Examiner inquired if there was a proposal for the sanitary lift tract should it not be used for that purpose and the applicant can try to make their case that staffs recommendation to moving it is wrong, should it be absorbed into the larger 995 or into the storm drainage tract, it should probably disappear if it is not used for the sanitary lift. Ms. Ding stated that is correct, it should disappear, it could depend on if the applicant needs a larger area for their storm water detention, then it could be absorbed within that tract, or it could be absorbed into Tract 995. At least the portion that is located above the high coal mine hazard areas should be located within Tract 995. The site is located within the Renton School District and they have indicated that they can handle the proposed 9 additional students. The existing runoff sheet flows west across the subject site and then south to an existing stream channel. The applicant has proposed a detention wet vault to be located within Tract 997. The project is required to comply with the 2005 King County Surface Water Design Manual. Defoor Preliminary Plat File No.: LUA-05-093, ECF, PP January 12,2006 Page 4 Water and Sewer Department have reviewed the proposed plat,the applicant will be required to extend an 8- inch water main to the end of the cul-de-sac and from there a 4-inch water main will be extended within the private access tract. An 8-inch sewer main is required to be extended within the plat. The Examiner inquired as to why so much grading was being done on the site. He also wanted to know if Tract 997, the detention system, large enough based on the 2005 Manual, how big is the vault that will be necessary for the site? Ms. Ding stated that the majority of the grading is to allow Road A to not exceed a 15%grade,the maximum grade that the Fire Department will approve. As far as the detention system,the applicant should be able to answer that question. The Defoor Short Plan, which is scheduled to be heard in a few weeks, is located near the open space tract, has a separate storm drainage plan but was not sure if water and sewer are available or if the Short Plat will be using some of the improvements for the Preliminary Plat. Michael Chen,Core Design, Inc., 14711 NE 29th Place, Ste., 101, Bellevue, WA 98007 stated that he represents the applicant and concur with the staff report. Regarding Item#8, the 25-foot trail easement he would like to know the exact location of the trail in order to be able to accommodate the City's needs and to be sure there are no conflicts with the site plan and utilities. The tract numbering will be corrected and use letters rather than numbers. Access will be provided for the Cedar Crest Condominiums during the final engineering design. All utilities from the Short Plat will be connected to Renton Avenue S. Brian Beaman, Engineer, Icicle Creek Engineers,230 NE Juniper Street, Ste. 101, Issaquah, WA 98027 stated that the coal mine maps are quite detailed. The main entry to the mine is located on this site, later a rock tunnel was extended that exited on Benson Road. The mine goes about a mile to the east,extending completely under Renton Hill, it goes north all the way to Cedar River valley. The area involved is very large. There have been some problems in the past. They have drilled into the mine to make sure they were dealing with the#3 coal seam, the biggest unknown with the Renton mine is the vertical location. The mine maps did not have a lot of elevations for shallow areas. Rob Stevens,PE, Core Design, Inc., 14711 NE 29th Place, Ste., 101,Bellevue,WA 98007 stated that he is a senior engineer with Core Design. Regarding the 2005 King County Manual,it was noted in the staff comments that the design satisfied the 1998 Manual,there is not any significant changes in size and volumes between the 1998 and 2005. There will probably not be a large increase in size of the detention facility,but he would like to retain the possibility of expanding the stormwater facility into Tract 996 for any size increases that may be required. It is very helpful that the sewer district would like to have the lift station within the 30-foot wide access tract that gives them a more appropriate location to the south for the discharge and detention vault. Debra Ricci, Attorney, 1601 2nd Avenue, Ste. 1080, Seattle,WA 98101 would like to make some comments at the end of the hearing. Ruth Larson, 714 High Avenue South, Renton,WA 989055 stated that she was glad they were going to widen the extension from the cul-de-sac to the south(Tract 998). On the entrance to Road A,that seems to create a problem,cars will be in the South 7th right-of-way,if there were to be a stop sign,it would have to be on Road A as opposed to Cedar Avenue, a car pulling out of there is going to be in the intersection before they can turn left enough in order to be able to stop at a stop sign there. How will the site be accessed in order to build the retaining wall on the far west property line? She was told the wall would be between 30' and 60' high. There has been no indication as to how much fill will be brought in, that might make a difference. The concern is how Defoor Preliminary Plat File No.: LUA-05-093, ECF, PP January 12,2006 Page 5 traffic will get in and out of here to build this wall. An average size car must make a 3-point turn in order to get out, a truck,cement truck, or construction vehicle will not be able to do that. How will they build the wall without encroaching on the property to the west of the wall site? The Examiner stated that the applicant is confined to their own property, they cannot trespass off their site. They may get permission,but otherwise must stay on their own property. Ms.Larson continued with her concern about the west wall, there does not seem to be any indication of drainage that would take water to the drainage vault. Cedar Avenue is not a standard size street,parking is allowed on both sides and the downhill traffic must yield. It is necessary that the construction people are aware of that yield. Gary Plicinski, 629 Cedar Avenue S.,A-204,Renton, WA 98024 stated that he was representing the Cedar Crest Condominium complex. Their main concern is the access road to Lot 1 and the access to the condominiums. The access road conflicts with the plat plan submitted to the City, it looks like the road starts where their building starts. With the access road widening, it appears that it will affect the abandoned 7th Street. As this development takes place, drainage for the condos goes to the west and they would like to know where the additional drainage from this site would drain and how would it be kept from their property? The condominium association has not been contacted by the developer and they would like to have some contact with them in order to work out any issues concerning the easement. Kayren Kittrick,Development Services Division, City of Renton stated that South 7"'Street does exist at this location. However,nothing does exist on the west side with the exception of the entrance over the access easement into the condos. South 7th Street ends at Cedar Avenue going west. One of the items that her staff will be looking at very closely is maintaining the access to the condominium during construction, in order to make sure that that access remains clear for both domestic and emergency access. A traffic plan with routing is approved through the Transportation Depattiiient and is constantly under review in order to alter as necessary to increase safety. If something isn't working or unsafe it is always open to change. This applies to Cedar Avenue and the yield issue to uphill traffic. There will be quite a bit of fill on this site in order to have safe emergency access. The construction of the wall will be dealt with when a final plan is submitted,right now it is at the conceptual stage. She stated that she had read the letter from Mr. Collins regarding retaining walls 30-40 feet high, again there are no final plans and the wall is always subject to building review and structural engineers will review the plan. Mr. Collins further raises the issue of the retaining wall and the fact that the lot sizes may need to be reduced in order for the wall to be built correctly. Tract 999 seems to give the developer the latitude to build a wall without impacting the building envelope of the lot sizes. No driveways will be permitted to have access onto Cedar Avenue. The fire flow meets the minimum requirements,however the homes must be 3,500 square feet or less in size. Sprinklers will not allow for larger homes due to the fact that the fire flow would feed the sprinklers. The Parks Department likes to work with the developer with the Park Trail in order to make sure that it is a viable trail and at the same time does not take away from the lots or too close or too far from the homes. There will be 20 feet of park trail but settling on an exact location is difficult. There are three stream crossings and a wetland in the area,however, if it goes over a utility easement that is fine with the Parks Department. Once the Defoor Preliminary Plat File No.:LUA-05-093, ECF, PP January 12, 2006 Page 6 development is completed, the Transportation Department will be looking very carefully to make sure the appropriate signage is in place at the intersection of South 7th Street and Cedar Avenue. The Examiner inquired about a turnaround on Tract A, is a hammerhead needed for the easements and access to Lots 9, 10, 11, 12, and 13? Ms. Kittrick stated that one has not been proposed but it would be easy to construct one. It will have to be looked at for access both to the storm tract as well as to the sewer lift station. There is going to be plenty of room between Tract 998 and 997 to create a hammerhead, which will probably be required in the final design. Mr. Stevens, Core Design wanted to try to answer some of the questions that had been brought up in earlier discussions. The west walls have yet to be designed,there is a lot of flexibility on height, it could potentially be lowered by 10-feet(maximum height is 30'-40') and the grade would be taken up in the foundation of the buildings. The final design is open to decision, it could be a structural concrete wall, a lock and load wall, a mechanically stabilized earth wall,there are many possibilities. There should and will be some footing drains associated with the wall,they should be sheet flowed daylighted to the existing slopes on 999. They are ground water,not surface water flows that would be discharged to the slope, which is the existing natural flow of rainwater. Mr. Collins letter referred to the fact that the walls may not be high enough. It appears that he may be speaking of the rear yards of Lots 1-7 that may not be high enough to be captured and drained into the storm drainage vault. He is correct,the rear yards of Lot 1-10 would very likely need to sheet flow to the 1-405 property. The detention of the storm water vault would need to compensate for that. There is a 10-foot existing right-of-way that doesn't align exactly with the existing road to the east of 7th Street, it is what is there. It is a difficult intersection and an existing condition, they are trying to align those intersections as best as can be with the existing right-of-way. This would be maintained to provide continued access to the Cedar Crest Condominiums. Tract 996 at the entry was mentioned to be preserved as a Native Growth Protection Easement, he would like to see it an open tract,NGPE would mean that they would not be able to clear any of the trees and that tract with the grading of the roads and the slopes they will definitely need to mass grade the area, they will not be able to save the trees within that area to allow construction of the road to minimum standard. Jill Ding stated that the purpose for requiring the NGPE tract over 996 is because the Critical Areas regulations require that if there is a critical area located on a site, in this case applicant has indicated that there is a protected slope(over 40%) located in that area, City code requires that it be protected within a NGPE tract or easement. The applicant has not requested a modification to regrade or clear those slopes. It is unclear if those are natural slopes or slopes that were created during the construction of Cedar Ave South,typically clearing and grading are not allowed on protective slopes if they have been naturally created. Larry Hobbs,PE,Traffex, 10104 111`h Avenue NE,Kirkland, WA 98033 stated that he prepared the traffic study for the project. Regarding the concern that the trip generation was low for the project,the average rates for single-family detached housing were used for the calculations. Kayren Kittrick stated that the trip generation rate is 9.57 trips per peak hour traffic. Mr. Beaman stated that as far as the protected slope on Tract 996 in the northeast portion of the site, it appears that that slope was created by some filling from Cedar Avenue South but mostly due to excavation that was done 50 plus years ago. The topography map shows very unusual contours that tighten in that area. Out in the Defoor Preliminary Plat File No.: LUA-05-093, ECF, PP January 12, 2006 Page 7 field you can see a pit that is overgrown with vegetation with slopes that appear to be sidewalls in the pit. The #3 coal seam daylights right at the site of the pit,they dug into it for the purpose of exposing the coal. The coal seam is exposed but there is no mining or hazard area exposed at that site. Ms.Ricci stated that it is very rare when she can compliment both the City and the Developer. The regulations are working extremely well and are serving the community. The addition of these new homes is a good addition and enhancement to the City environment. She would like to have an opportunity to review Exhibit 14 and see the cross platting situation between the Cedars condominium project and the developer of this site. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at approximately 11:00 a.m. FINDINGS,CONCLUSIONS &RECOMMENDATION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Terry Defoor, GWC Inc., filed a request for a Preliminary Plat. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC),the City's responsible official issued a Determination of Significance-Mitigated(DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located in the 700 and 800 blocks of Cedar Avenue South. The subject site is located on west slope of Renton Hill immediately above I-405. A Puget Sound transmission line runs along the south boundary of the subject site. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family detached housing,but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family- 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 1547 enacted in June 1956. 9. The size of parcel is 6.91 acres or approximately 301,062 square feet. The subject site is a somewhat irregularly shaped rectangle. The subject site is approximately 400 feet wide (east to west)by 800 feet long. 10. The subject site slopes down to the west at an average of 24%. It has slopes exceeding 40% in the northeast corner of the plat and along the east central property line. The proposed plat qualifies as a hillside subdivision since the slope average exceeds 20%. It is subject to extra geotechnical review and may be subject to additional requirements such as larger lots. 11. There is an area that is defined as a High Coal Mine Hazard Area in the southern third of the subject site. It will be set aside as a separate tract and left undeveloped. Defoor Preliminary Plat File No.: LUA-05-093, ECF, PP January 12,2006 Page 8 12. There are both wetlands and three unnamed streams that are also located on the southern portion of the property. The wetland is a proposed Category 3 Wetland. It would require a 25-foot buffer. The City issued an official assessment of the streams, which varied from that proposed by the applicant. The City's classification is shown followed by a parenthetical value proposed by the applicant: Stream A was a Class 4 (4) Stream, Stream B was a Class 3 (5)Stream, and Stream C was a Class 4(5) Stream. Class 3 streams require a 75-foot buffer and Class 4 streams require a 35-foot buffer. The applicant has appealed the City's stream determination for Streams B and C. The appeal is still pending a public hearing but staff noted that the outcome would not change the proposed layout of this plat. The streams are located in an area where coal mine hazards prevent development. 13. The subject site contains a forested mix of evergreen and deciduous trees and shrubs. The applicant proposes removing approximately 65%of the existing trees. Trees would be retained in steep slope areas,in the Coal Mine Hazard area and around streams and wetlands. 14. The applicant proposes approximately 10,100 cubic yards of grading including 7,500 cubic yards of cut and 2,600 cubic yards of fill. Retaining structures will be used to permit grading that accommodates level building pads and roads and driveways that meet code standards. 15. The applicant sought a modification to allow a 30-foot right-of-way for the public road that enters off the proposed plat at its northeast corner where the new road would intersect Cedar Avenue. The modification was denied. In addition, an easement in this location provides access to the adjacent condominium complex from Cedar. This easement or some form of access will have to be retained in this location both during construction and subsequently. 16. The applicant proposes dividing the subject site into 21 single-family lots and 6 tracts(the tracts were misnumbered). Tracts and their location and proposed purpose along with proposed new labels are identified in the following manner: A tract would be located in the northeast corner of the plat south of the entrance road(Tract A). A tract would be located in the northwest margin of the site above I-405 (Tract B). A tract would provide an access to lots south of the cul-de-sac(Tract C). A tract would provide storm water detention southwest of the cul-de-sac (Tract D). A tract would contain the southerly located coal mine hazard area and wetland and stream areas(Tract E). A tract would provide a location for a sewer lift station south of the detention tract(Tract F). 17. Staff has recommended that the sewer lift station proposed for Tract F be relocated away from the coal mine hazard area to the access easement area defined by Tract C, a proposed 26-foot wide easement. They also recommended that Tract C be widened to 30 feet to accommodate the lift station. If the lift station is relocated, Tract F could be incorporated into Tracts D and E. 18. Access to the proposed plat would be via a new public road that would be a 42-foot right-of-way that intersects Cedar Avenue in the vicinity of South 7th Street. It would not create a perfect 4-way intersection as it would have a slight offset due to the adjacent condominium north of the subject site. The road would enter toward the west and then curve to the south where it would terminate in a cul-de- Defoor Preliminary Plat File No.: LUA-05-093, ECF, PP January 12, 2006 Page 9 sac. A private roadway,proposed for Tract C, would provide access to interior lots and the stormwater detention system. As noted, staff recommended that the sewer lift station be located in this tract and that it be widened to accommodate the lift station. Staff has noted that parking should be prohibited along the access tract due to its narrow nature. 19. There would be a tier of lots on either side of the new roadway. Proposed Lots 1 to 9 would be located along the west side of the new road and Proposed Lots 14 to 21 would be located on the east side of the road. A similar arrangement would occur along the access roadway that takes off from the cul-de-sac. Proposed Lot 10 along with the storm drainage tract,Tract D, would be located along the west side of the access tract. Proposed Lots 11, 12 and 13 would be located along the east side of the access tract. It has not been determined if a hammerhead turnaround will be required or not. The Fire Department will make that decision. 20. Proposed Lots 13 to 21 would have rear yards abutting Cedar Avenue. Staff recommended that no access be permitted directly to Cedar. 21. Most of the lots are rectangular with those along the curve of the entrance road or arrayed around the cul-de-sac having curved frontages. The lots will vary from approximately 5,250 square feet to 8,500 square feet. 22. Density is calculated after subtracting sensitive areas and roads including access tracts or easements from the total acreage. These areas total approximately 37,284 square feet. The density for the plat would be 3.47 dwelling units per acre after subtracting sensitive areas. The R-8 Zone requires a density of 4 to 8 dwelling units per acre. While the coal mine hazard areas do not generally reduce the available acreage, the Geotechnical Report recommended that no single-family homes be constructed in those areas. Density may be reduced to below the minimum for good cause shown. 23. The subject site is located within the Renton School District. The project is expected to generate approximately 9 school age children. These students would be spread across the grades and would be assigned on a space available basis. 24. The development will increase traffic approximately 10 trips per unit or approximately 210 trips for the 21 single-family homes. Approximately ten percent of the trips, or approximately 21 additional peak hour trips will be generated in the morning and evening. Neighbors are concerned about the additional traffic on the hilly streets surrounding the subject site. 25. Access to Renton Hill is limited to two ramps that cross I-405 northwest of the subject site. Steep roads define the access to most areas of Renton Hill. Cedar Avenue has signs that provide that downhill vehicles yield the right-of-way to uphill vehicles. A new stop sign will be provided at the intersection of Cedar and South 7th. Staff noted that the direction of the stop sign would be dictated by traffic conditions. 26. Hauling routes and access for large construction related vehicles is controlled by the City. Staging and maneuvering would occur on-site. It was noted the emergency vehicles and routine garbage service employs large vehicles that currently drive in this area. 27. Existing stormwater sheet flows west, downslope towards I-405 and then south in an existing stream. Stormwater on the developed site will be routed to Tract D slightly southwest of the cul-de-sac. A combined detention/wet vault will handle the stormwater. The system will be designed to meet a Level 2 flow control. The newer 2005 Storm Water Manual will govern release and containment. Staff has Defoor Preliminary Plat File No.: LUA-05-093, ECF, PP January 12, 2006 Page 10 recommended that the storm drainage tract be landscaped. The applicant might expand the system toward the south,if needed under any control standards. 28. Erosion control standards have been adopted by the City based on State standards. 29. Sewer service will be provided by the City. The site sits downslope from the main sewer line in the area and a sewer lift station will be required. As noted above, the lift station was originally proposed for a tract near the south end of the plat adjacent to the coal mine hazard area. Staff has recommended that it be relocated to the access tract to assure it is not subject to failure or damage. 30. Water service will also be provided by the City. Fire flow requirements will have to be met by the applicant in extending water service to the site. 31. The City's Trail Plan identifies a trail link across the southern portion of the site as part of the Thunder Creek Trail system. 32. The original entrance to the Renton Mine was located on the subject site. The mine was apparently well mapped and most of it runs toward the east. It ran at a 10 percent grade down into the hill. Borings confirmed the location of#3 coal seam. The area dominated the southern portion of the site as well as areas east of Proposed Lots 11, 12, and 13. A portion of Stream C's buffer is also located on Proposed Lot 11. 33. A native growth protection easement is recommended to protect the steep slopes and split rail fencing to delineate their boundaries. 34. Detailed engineering has not been completed and,therefore, details of retaining walls,wall heights and similar matters have not been worked out. Footing drains and similar engineering will be part of any building permits that are needed for larger structures such as retaining wall, the sewer lift station and the detention vault. CONCLUSIONS: 1. The proposed plat appears to serve the public use and interest. The applicant has taken a difficult site constrained by steep slopes,wetlands, streams and coal mine hazards and carved out a reasonably configured plat. That does not mean the plat will be without consequences including highly engineered retaining walls, a sewer lift station and large stormwater vault, the loss of vegetation on steep slopes and, of course, additional residents and the traffic that they will generate. But staff review coupled with the applicant's willingness to compromise has created an infill development that will provide twenty-one new homes for residents who want to live on the historic Renton Hill but who will obviously be affected by the noise of the omnipresent I-405 immediately below the subject site. The lots are all reasonably rectangular,have reasonable access and can provide reasonable front, side and rear yards. The lots are larger than the 4,500 minimum lot size normally found in the R-8 Zone as an accommodation to the site being classified as a Hillside Subdivision. The project's density of 3.47 dwelling units per acre also falls below the normal low end of 4.0 dwelling units per acre but that is a consequence of the large area consumed by the coal mine hazards classification. Staff agreed to reduce the internal road to 42-feet but would not permit a further reduction at its intersection with Cedar Avenue. Staff did permit some steep slopes to be categorized as man-made allowing development but required preservation of other slopes and required utilities to be suitably located in safe locations. In other words,this project was a balance of allowing development of private property with conditions permitting that development to go ahead only in a safe manner. Defoor Preliminary Plat File No.: LUA-05-093, ECF, PP January 12, 2006 Page 11 2. The proposed plat will provide additional housing choices for those desiring single-family housing. The proposed lots are slightly larger than the standard 4,500 square feet in deference to the hillside conditions found on the site but this larger size might also provide an additional choice for those who want larger lots. 3. The development of the new housing should increase the tax base of the City while avoiding sprawl by creating more in-town housing stock. The development should not overly tax the City's infrastructure and the applicant will be paying mitigation fees to offset the impacts on parks, fire and transportation services. 4. The development of the plat will clearly increase traffic on local streets. The nature of the streets on Renton Hill will require new residents to get adjusted to the steep roads and the courtesy necessary to drive up and down the hills. It would be anticipated that new residents like those before them will adjust to the hills and drive accordingly. The additional rush or peak hour traffic will generally be in the range of 16 to 21 additional trips and it appears that the existing intersections can handle this additional traffic. Traffic control signs will be located as appropriate to provide safe intersections. 5. The site does have constraints and the recommendation by staff that the necessary infrastructure be constructed in a safe manner and location is appropriate. The sewer lift station should be relocated to the access tract,Tract C. The steep slopes and sensitive areas need protection from both development and intrusion once the plat is populated. The applicant should create a native growth protection easement over those areas and provide appropriate fencing to prevent intrusion. The detention vault and tract surrounding it should be screened to blend with its residential surroundings. 6. The applicant will be required to assure access both along its internal access tract by installing appropriate "No Parking" signs as well as for access to the northern condominium complex. Both routes must be open for passage at all times. 7. The applicant should also comply with the City's Trail Plan and provide an easement across the southern portion of its site to complement the Thunder Creek Trail system. 8. In conclusion, like other larger plats in developed areas of the City, this one will create changes to not only the underlying property but to the surrounding neighborhood and community. These changes can be dramatic but were anticipated when both the Comprehensive Plan and Zoning designated the area for additional single family development in spite of its steep and sensitive nature. The City Council should approve the proposed plat subject to the conditions noted below. RECOMMENDATION: The City Council should approve the Preliminary Plat subject to the following conditions: 1. The applicant shall comply with the conditions imposed by the ERC. 2. Proposed Lots 13-21 shall be required to have front yards oriented to the west towards new Road A or Private Access Tract C. 3. The applicant shall place"No Parking"signage along the Private Access Tract C. The satisfaction of this requirement shall be subject to the Development Services Division prior to recording of the plat. Defoor Preliminary Plat File No.: LUA-05-093, ECF, PP January 12, 2006 Page 12 4. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the plat in order to establish maintenance responsibilities for this development. 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 the recording of the plat. 5. The preliminary plat shall be revised to show a 42-foot right-of-way width along the entire length of Road A with 32 feet of paving, 5-foot sidewalks, and a 5-foot wide utility easement at the back of the sidewalk for street lighting,water meters, and all franchise utilities. A revised plat map showing the 42-foot right-of-way width shall be submitted at the time of Utility Construction Permit Application. 6. Access be provided during and after construction from the proposed Road A to the Cedar Crest Condominiums located on the property abutting the subject site to the north. Plans detailing the temporary and permanent access to the Cedar Crest Condominiums from Road A shall be submitted at the time of Utility Construction Permit Application. 7. A Native Growth Protection Easement shall be recorded over Open Space Tracts A and E. A note indicating the presence of such an easement shall be placed on the final plat map. 8. Open Space Tracts A and E be delineated with a split rail fence and identified with signage as approved by the Development Services Division Project Manager. A fencing and signage detail shall be submitted to the Development Services Division project manager at the time of Utility Construction Permit for review and approval and that such fencing and signage shall be installed prior to the recording of the final plat. 9. A 20-foot wide trail easement on the southwestern portion of the subject site shall be dedicated to the City of Renton Parks Department for the Thunder Creek Trail. The Parks Department has indicated that a portion of the Parks Mitigation Fee may be waived with the dedication of the easement. A note indicating the presence of such easement shall be placed prior to the recording of the final plat map. 10. The stormwater detention tract(Open Space Tract D shall be landscaped, and irrigated (unless drought tolerant plants are used) appropriately. The applicant shall submit a landscape plan for the review and approval of the Development Services Project Manager prior to recording of the final plat. 11. The sanitary sewer lift station shall be located within the 26-foot private access tract(Tract C) and that the width of the tract shall be increased to 30 feet. Plans detailing the lift station shall be submitted at the time of Utility Construction Permit Application. 12. The tracts shall be relabeled as following: A tract would be located in the northeast corner of the plat south of the entrance road(Tract A). A tract would be located in the northwest margin of the site above I-405 (Tract B). A tract would provide an access to lots south of the cul-de-sac (Tract C). A tract would provide storm water detention southwest of the cul-de-sac (Tract D). A tract would contain the southerly located the coal mine hazard area and wetland and stream areas (Tract E). (see attached Map) Defoor Preliminary Plat File No.: LUA-05-093,ECF, PP January 12, 2006 Page 13 13. The lift station tract, Tract F, shall be eliminated. Its property placed into Tracts D and E as determined by staff. 14. The plat map shall have language prohibiting direct access to Cedar Avenue from any lot. 15. The Fire Department in its sole discretion may determine if a turnaround is required to serve the homes south of the cul-de-sac. ORDERED THIS 12th day of January 2006. ____:,...i.„ FRED J. KAU AN HEARING EX INER TRANSMITTED THIS 12th day of January 2006 to the parties of record: Jill Ding Kayren Kittrick Terry Defoor 1055 S Grady Way Development Services Division GWC Inc. Renton, WA 98055 City of Renton 24633 NE 133rd Street Duvall, WA 98019 Michael Chen Brian Beaman, Engineer Rob Stevens, PE Core Design, Inc. Icicle Creek Engineers Core Design, Inc 14711 NE 29th Place, Ste. 101 230 NE Juniper Street, Ste. 101 14711 NE 29th Place, Ste. 101 Bellevue, WA 98007 Issaquah,WA 98027 Bellevue, WA 98007 Larry Hobbs, PE Debra Ricci Ruth Larson Traffex Attorney 714 High Avenue S 10104 111th Avenue NE 1601 Second Avenue, Ste. 1080 Renton, WA 98055 Kirkland, WA 98033 Seattle, WA 98101 Ronnie CS Teng, Leng-Sheng Gary Plicinski Teng, Mei-Yu Teng Dang, Wei 629 Cedar South Kang Kho, Chiu-Chu Tuan Renton,WA 98024 835 Elm Avenue San Gabriel, CA 91107 TRANSMITTED THIS 12th day of January 2006 to the following: Mayor Kathy Keolker Stan Engler,Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Larry Warren, City Attorney Transportation Division Gregg Zimmerman, PBPW Administrator Utilities Division Alex Pietsch, Economic Development Neil Watts,Development Services Jennifer Henning, Development Services Janet Conklin,Development Services Stacy Tucker, Development Services King County Journal Defoor Preliminary Plat File No.: LUA-05-093, ECF, PP January 12,2006 Page 14 Pursuant to Title IV, Chapter 8, Section 100(G)of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,January 26,2006. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact,error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110,which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,January 26, 2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. 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W rcao 1 3 .r " I -14111/ +, ,r 6 TOPO RAPNY OTE ;�gL ONSITE 4.2'R/WSECTION PRIVATE ACCESSROAD '»•"S' xi y� o,a' °r 1 9 MO semi MY IOW' ...UV wV..IO. _ 04439 1 I{ 1 1 ( a.....4,� � - a a .. q _L-Dyli.... ii .1 / ...•,. .. 0 ,,•.,: ,. I.. .. ...)\4-6.3.- , , , A: .. , ... •,• . ./1 3/41:14$ �\ �� 'fiZi il • t � '\ r-‘- 1 • • ' .•• _:...1� .... Ir 8 ia---) ham.. ` rye- 11 1". 4..7.1 . ',1:,3il? I r....„!,,,,,:•.,,,,,.,‘,,.•• .4.-7. •. :. 41 • .. i I 'X �• �•��.y • t. 4 r'•• 4,'t ;1. t ,,, .'.• ;r..1•1-77.,T,' .t Ite;.,..•.i I'Nn.«: 1 yi .. 1 +a • +', yk‘ •• ` Ji:.`! 11 • I t 1 1 •t 1 j t • \ • ��►~y , �C t 1 lj ..,.:..,P,.• ' 1 !.6 Li tL r.., t '.. f`i'r .h---j•.• rVi'.ni. V, 11 ' ..�.t :.':'. i... i 1 l t ', -,, tf '• '41 � 1 .,} 'vset1 1 .. '1 .1t1 +� 1( 1 (11i1 N �� 14..�.. G...��J,L.. .J 'L' ifII •{ r- ' 1.' 1 .. 77: .,./.;7\\\\,\\\..2\4,s c -.1%1. * , am= iL\ I. .- '\ '\ %.**\ ''‘,.. ‘.4. A, ,v; . Niq%17,7qa ....,. 'Y ' N' '. ' Ne\.\k.. . '`\ \Ni \UN . -1\s:,."'..\\\N _,:, ; lt,r1 : .,.-:, ) In\zr2d. �N l11. .00 ` • � l \-4 . \ \ 4 1.1Z."Niww frli tril ................................. ._..oma\ \! fig \ \ \ • \ IN,,,,4...-1 1 \ \ \ i • h y '1 •.a a o!' •.. t �� r 7'r M 1 CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE-MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA05-093,PP,ECF APPLICANT: Terry Defoor,GWC,Inc. PROJECT NAME: Defoor Preliminary Plat DESCRIPTION OFPROPOSAL.: The applicant is proposing to subdivide a 6.91-acre site zoned Residential-8 dwelling units per acre(R-8)into 21 lots ranging in size from 5,250 square feet to 8,500 square feet. The lots are intended for the eventual development of single-family residences. The subject site contains a Class 3 stream,2 Class 4 streams,a Class 3 wetland,steep slopes,and high coal mine hazard areas. LOCATION OF PROPOSAL: 700 Block of Cedar Avenue S LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Developme Planning Section MITIGATION NiEASJ.IRES: 1. The applicant shall comply with the , . nical report prepared by Icicle Creek Engineei dated June 10,2005 and: •e" dated Sep i••:. 400Q- , 1 4 • 2)` _ . z The applicant.shall be required v.•'. A r ;1 .6 imen on Control-Plart(TESCP)designed pursuant to the Department of • ,ts . ''.7, el R-•u". ents outlined in Volume II of the Stormwater Management Manu giro - • . tation Plan prior to issuance of I Construction Permits. This co a shift b&titi• review 1 d apt *vat of the Development Services Division. ?1:40093V 1..44 k. 1 .1000k,‘ A 3. This project shall-be subject to the .2:e nty Surface *•: r anual for the design of the detention facility,if detention is required per the • to-Manual. 4. The applicant shall pay a Parks Mitgation-Fee • 530 new single family lot. staff recommends that the applicant comply with the repornmendateris found in the Traffic Impact Analysis prepared by TraffEx dated September 23, 2005 including the payment of a Traffic Mitigation Fee tosoci,on$75 per net new average daily trip,the construcfion of the new-resIdential access road shall be to City of Renton street standards,and a new street sign shall be installed for eastbound treilc at the Cedar Avenue S and S 7th Street intersection. 6. Staff recommends that the applicant pay a Fire Mitigation Fee based on$486.00 per new single family lot. ERC Mitigation Measures Page 1 of 1 ki.6 • wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on November 17,2AOS. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)430-6510. Appeals must be filed in writing,together with the required$75.00 application fee,to: Hearing Examiner,City of Renton, 1055 South Grady Way,Renton, WA 98055. If you have any questions,you may contact Jill Ding,Associate Planner at 425-430-7219. Sincerely, Neil Watts Development Services Director . cc: Project File ,j Jennifer Henni Jill Ding t Tony Defoor/Applicant Ronnie CS Ten --Le . n _ 'eng,Mei- Tug 15tt g, Wei Kang Kho, i -ct-Tuan/Owners .eFo' Parties of Record • Order No. 578234 A.L.T.A. COMMITMENT SCHEDULE A ' Page 2 The land referred to in this commitment is situated in the State of Washington, and described as follows: PARCEL A: That portion of the H. H. Tobin Donation Land Claim No. 37, lying southerly and westerly of the plat of Highland Addition to the Town of Renton, according to the plat thereof recorded in Volume 17 of Plats, page 32, in King County, Washington; AND that portion of the northwest quarter of the northwest quarter of Section 20, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying northerly of Puget Sound Power and Light Company's transmission right-of-way and east of Primary State Highway No. 1, described as follows: Beginning at the intersection of the north line of said Section 20, with the west line of said plat, which point is north 89°59'27" west 1,386.85 feet from the north quarter corner of said section; thence south 01°29'35" west along the west line of said plat and said line produced southerly 973.04 feet to the northerly line of Puget Sound Power and Light Company's transmission right-of-way; thence north 67°03 '41" west 471.66 feet to the easterly line of Primary State Highway No. 1; thence northerly along said highway to the north line of said section; thence south 89°59'27" east along said north line 316.54 feet to the point of beginning. PARCEL B: That portion of the H. H. Tobin Donation Land Claim No. 37, lying southerly of the Plat of Highland Addition to the Town of Renton, according to the plat thereof recorded in Volume 17 of Plats, page 32, in King County, Washington, described as follows: Beginning at a point on the north line of Section 20, Township 23 North, Range 5 East, W.M. , in King County, Washington, which is north 89°59'27" west 1,366.85 feet from the north quarter corner thereof; thence south 01°29'35" west along the centerline of Cedar Street 611.82 feet to the south line of said plat, and the TRUE POINT OF BEGINNING; thence south 88°33 '25" east 310.14 feet to the west line of Renton Street; (continued) Order No. 578234 A.L.T.A. COMMITMENT SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: thence south 01°24'21" west 491.98 feet along said west line and west line produced southerly to the northerly line of Puget Sound Power and Light Company's transmission right-of-way; thence north 67°03'41" west along said right-of-way 355.51 feet; thence north 01°29'35" east 361.72 feet to a point coincident with the south line of said plat and the west line of Cedar Street; thence south 88°33'35" east 20.00 feet to the TRUE POINT OF BEGINNING. END OF SCHEDULE A NOTE FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. Ptn. H.H. Donation Land Claim #37 and ptn. 20-23-5, W.M. F4 - 17 T23N R5E W 1/2 IV i _�°- _ao ao -no-- m O 8 -\ L A \ / C A. • ---+v) R-8 II i 8 \ ip- i to _ ---1-i ,... & .. ; , 4Aillf 4 '-1-.) ,/& Aidt r • 8 - 1I,� lir pp } I f �i�'-F j ____ITH: : .---- .---- Hrel ,y+v - ), / ( impl\ W '(`•V i3 4.. pi --RM_F ____\ o Z cz. 1 z 'CA �' �"�r- �'M-E z .,,,e, - pi 45110 alir r' ! \ \ ' f S 18th 1 ' ' e - \ i , 4 1- a \RM- N-,/ r , r --: \ i < A.i . ______ .,-,..: . . -4 Ilin i \ RM-F- >, • ,, it --8 R_8 p = . 21St 8t: çRH..F gii111;\ I \ rat° , , T-FR ` T = ` _$ R-8 \ R-8 i r� RM-F R H4 - 29 T23N R5E W 1/2 zoN wo ---- a , q G4 CO .. P/B/PW TEAL SBAVI�9 12/28'04 20 T23N R5E W 1/2 5320 CITY OF RENTON COUNCIL AGENDA BILL AI#: I '' • Submitting Data: For Agenda of: 2/6/2006 Dept/Div/Board.. Hearing Examiner Staff Contact Fred J. Kaufman, ext. 6515 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Langley Ridge at May Creek Preliminary Plat Ordinance File No. LUA-05-083, ECF, PP Resolution Old Business Exhibits: New Business Hearing Examiner's Report and Recommendation Study Sessions Legal Description and Vicinity Map Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Hearing Examiner's Report and Recommendation on the Langley Ridge at May Creek Preliminary Plat was published on December 15, 2005. The appeal period ended on December 29, 2005. The Examiner recommends approval of the proposed preliminary plat subject to the conditions outlined on pages 12 and 13 of the Examiner's Report and Recommendation,Conditions placed on this project are to be met at later stages of the platting process. An Appeal was filed on December 29, 2005 and later withdrawn on January 20, 2006. STAFF RECOMMENDATION: Approve the Langley Ridge at May Creek Preliminary Plat with conditions as outlined in the Examiner's Report and Recommendation. RentonnedagnbiN bh December 15, 2005 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: Langley Development C. Thomas Foster 1560 140th Avenue NE, #100 Bellevue, WA 98005 OWNERS: Clifford& Diana Broussard Robert& Shirley Blayden 14111 SE May Valley Road PO Box 3029 Renton, WA 98055 Renton, WA 98056 John P. Andrews Robert& Tamara Holmes 22425 Bear Creek Road 5416 NE 26th Street Bend, OR 97701 Renton, WA 98056 Fred & Suzzane Makowski Dan & Cheryl Stabbert PO Box 2215 9400 Hilltop Road Belfair, WA 98528 Bellevue, WA 98004 Einer& Marilyn Handeland 3018 Ilwaco Avenue NE Renton, WA 98056 Langley Ridge at May Creek Preliminary Plat File No.: LUA 05-083, ECF, PP LOCATION: South of SE May Valley Road between Coal Creek Pkwy and NE 26'h Street. North of NE 24`'' Street. SUMMARY OF REQUEST: Approval for a 34-lot subdivision of a 34-acre site intended for the development of single-family residences. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on November 22, 2005. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the November 29, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday,November 29, 2005, at approximately 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 2 The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 3: Overall Plan Exhibit No. 4: Preliminary Plat Plan Exhibit No. 5: Conceptual Grading Plan Exhibit No. 6: Conceptual Drainage and Utility Plan Exhibit No. 7: Vegetation Retention Plan Exhibit No. 8: Zoning Map Exhibit No. 9: King County Aerial Map with City of Exhibit No. 10: ERC Mitigation Measures Renton zoning overlay Exhibit No. 11: Ordinance 5132 Exhibit No. 12: Supplemental Drainage Report The hearing opened with a presentation of the staff report by Nancy Weil, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055 this site is located in a new overlay district that was implemented into the City called the Urban Separator Overlay. The site does contain wetlands, steep slopes and May Creek runs through a portion of the northern section of this site. The Environmental Review Committee issued a Determination of Non-Significance— Mitigated, which included 12 mitigation measures. There were no appeals. The site is in the Residential-Low Density designation of the Comprehensive Plan and the proposal is in compliance with the objectives and elements of design for land use, housing, environmental and community design. The site is in the R-1 zoning designation. As part of the Urban Separator Overlay, cluster development is permitted. The Urban Separator is designed to establish a contiguous open space corridor, protect clinical areas and serve as a separation between neighboring jurisdictions. It requires a minimum of 50% of the gross land area of the development to be dedicated as non-revocable open space tracts. This requirement has been satisfied. Typically the density calculation is based off the net acreage, with the Overlay the calculations is made from gross acres. The density for this site is I unit per acre. There is no ability to further divide any of the site based on the density that is proposed. The cluster(new) lots to be developed are to the south of the site. There are two access points proposed off of existing stub points, Field Avenue and Ilwaco Avenue that will be extended to connect to a proposed new internal street(Road A). There is an existing single-family structure located in this area and a second structure that will be converted to a single-family structure, each on individual lots as part of this development. The area to the center is the open space designated area, May Creek is in the north part of the area, the rest of the property drops to the north and is accessed off of May Valley Road. There are two structures included in this section that would remain and have access from the current access easements. Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 3 The third section of the development will gain access from NE 26th Street by a current existing easement. These lots were annexed into the City of Renton and building permits pulled in King County for the development of two existing houses on Lots 30 and 32. Lot 31 is the only vacant lot to be developed and will require a building permit from the City of Renton. Lots 14, 30, 31, 32 and 33 need to show their net acreage once the deduction of easements has taken place. All of these lots exceed the minimum requirement for this zoning, there should not be any difficulty maintaining the required square footage. Verification of parking and building standards will be necessary at the time of building permit review. The Urban Separator requires forest/vegetation clearing to be limited to a maximum of 35%of the gross acreage of the site and also requires that 50% of the gross land be dedicated to open space. The applicant is containing more that 55% within the four open space tracts proposed for this site. The storm detention facility will be located in Tract C and designed to meet the criteria for the Urban Separator. A planting and re-vegetation plan has been submitted. Additionally, a recreational trail will be provided by an easement and the applicant proposes an easement that will allow for the future construction of a 15-foot wide trail to cross Tract A, B and C and will eventually continue up to Tract D. That will be a City trail and no construction date has been determined. The Examiner stated that the City Attorney may have to be involved to make sure that legal title and descriptions are appropriate. Ms. Weil continued stating that all lots comply with size, shape and orientation requirements of the subdivision regulations. Public streets would be dedicated and constructed to City standards. Access from NE 26`h' Street is through an existing 20'easement, this easement will be expanded to a 26' easement, three hammerhead turnarounds are proposed to provide turning radius and to access the three lots. A second point of access is the proposed internal public street to be constructed and modified to a 42' width and connected to Field and Ilwaco ending in a hammerhead at the end of the street and a private easement that extends to Lots 14, 15, and 16. There is access through the Summer Wind development. To ensure the private access easements are accessible, the applicant will be required to install "Private Road" signs indicating the address on those private access roads and to have "No Parking"along the easement. This will ensure emergency vehicle access. Fire, Transportation and Park Mitigation Fees have been imposed for this plat. A geotechnical report was provided as well as a water, stream and habitat assessment. This site has two Category 2 Wetland areas and the May Creek. There are some areas of steep slope indicated. All of these critical areas and their buffers are included within the proposed open space tracts. There is a small portion of the buffer area that seems to extend to the rear of two lots (Lots 23 and 25), both of these lots are long lots and should not impact into their building area. Due to the depth of the lot, staff did not feel that the lots should be made smaller in order for the buffer area to not be a part of those two lots. It should however, be noted that those two lots are part of a Native Protection Area. A portion of May Creek runs along the northern area of proposed Lots 33 and 34, the existing building on Lot 34 is within the buffer area for May Creek. Since it is an existing condition,the applicant will provide Tract D to protect May Creek and its stream buffer area. The section of May Creek that is located in Tract A will not be impacted by any of this development. • Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 4 Prior to approval, a Native Growth Protection Area will be established containing the areas determined to be wetland and/or buffer, stream and/or buffer and protected slope in accordance with City code. The applicant proposes to clear no more than 35% of each lot. Because of some of the vegetation coverage on Lots 1 — 11 it has been indicated that they may be clearing more than the 35% in order to do the infrastructure and improvements and have a buildable pad for the proposed structure. Re-vegetation of these sites is proposed by the applicant. All future property owners will be required to maintain the vegetation and landscaping. Staff expects the proposed lots to be compatible with other existing and newly created lots in this area. The Storm Water Detention facility will be located on Tract C next to Lot 30. A drainage report was provided and the site will be developed per the 2005 King County Surface Water Design Manual (Level 2). The major portion of the site is within the City of Renton water service area, the easternmost parcel is in Water District 90 service area. The northernmost parcels are within the Coal Creek Water and Sewer service area. The site is split three ways for water and 2 ways for sewer. There are concerns about decommissioned wells on the site, the applicant will be required to provide documentation that those have been properly decommissioned. A recreational trail easement will be provided by the applicant and constructed by the City at some point in the future. The applicant is requesting a modification for this contiguous open space Urban Separator area. The code requires a percentage of actual width, minimum open space to be connected to another contiguous open space parcel by a 50-foot corridor, the applicant is asking for a modification. The subject site is divided between the Renton School District and the Issaquah School District. Lots 30, 31 and 32 fall within the Issaquah School District, which has indicated that they can accommodate the additional students and subject to the applicant paying the appropriate Issaquah School District Impact Fee. Jim Hanson, 17446 Mallard Cove Lane, Mt. Vernon, WA 98274 stated that the applicant is in concurrence with the staff report. The applicant will be providing the 50-foot width of connection, the only thing they are asking for is a slight modification along the north property lines of the newly developed lots. The gray shaded area on Exhibit 11 representing the open space corridor is pretty much a straight line across those parcels and they would like for the open space to follow the ridge line so the back of the developed parcels and the native growth protection easement and the open space would follow the ridge line rather than be squared off. The other slight modification is in the south-central area where two existing homes are, there is a slope there and they would like to follow the slope line rather than the line indicated. The open space corridor did cover a part of the property where King County has already issued a building permit for a new house (Lot 30) there is a new house being built there, and so they did not count that as part of the open space, even though they are providing more than the 50%. They are providing a connection to the neighboring property, which allows the corridor to come up and connect to the open space tracts to the north. (Tract D). They are also providing more than 50-feet to the southeasterly line in order to connect the open space tract to the undeveloped tract to the east. There is only one lot that is close to the minimum lot size when you deduct the easement and that is Lot 14. They will move that easement slightly to the north by approximately 10-feet to meet that minimum lot size. There is plenty of room on Lot 16 to take care of that. Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 5 SE 100`x' Place is the public right of way at the southwest corner to Duvall. The maps are poor,the City has indicated that it is in fact a public right of way extending from the plat out to Duvall. There is a small portion of right of way that they will be dedicating at the very southwest corner of this proposed plat to fulfill that right of way width. They may be clearing more than 35%of the vegetation on some of the lots, but the re-vegetation will be more than 71%. They are trying to save as much of the native vegetation as possible. A portion of Tract A will be cleaned up and re-vegetated, that will be the portion north of May Creek. None of the wetlands or steep slopes will be impacted by the plat. There will be no construction in those areas. Darrell Offe, Offe Engineers, 13932 SE 159"' Place, Renton, WA 98058 stated that with regard to lot area the net areas of the following lots have been recalculated based on the subtraction of the access easements per the City code: Lot 14- 10,720 square feet Lot 16- 19,704 square feet Lot 30- 20,263 square feet Lot 31 - 15,530 square feet Lot 32 -25,705 square feet Lot 33 -94,665 square feet Subsequent to the ERC conditions they have met with staff regarding the 2005 Manual trying to determine what it means and how to interpret it. Staff requested a Supplemental Report to evaluate the infiltration facility that is on the project. The report was dated November 3, 2005, if it is not in the record, he would like to have it entered. Basically a sinkhole was found where they would be allowed to dump as much water as possible and it would never be found. The conceptual pond is twice as big as it needs to be and it will be finalized at time of the engineering plan. Dennis Noland, 5226 NE 24"' Street, Renton, WA 98059 stated that he lives at the far eastern end of the existing subdivision Newcastle Terrace. He does support the City and the property owners and this development plan. The impact of traffic is of concern, where it meets with Duvall off of SE 100th, the main concern is the southbound traffic. Coal Creek Parkway heading south crosses the May Creek Bridge and goes up a steep incline and then makes a hard bend to the right and becomes Duvall. He suggested that a left turn lane be installed for safety reasons and with the increased amount of traffic flow to and from this new subdivision. The other concern is NE 24th Street(east/west) is sorely in need of resurfacing, there will be an impact with the increase of traffic flow and would like the City of Renton to look at that situation and perhaps expedite the resurfacing of that street. Debra Rogers, 5326 NE 22" Court, Renton, WA 98059 stated that she is a resident of Stonegate and a member of the Board. As a Board they submitted some information to the Development and Planning Group in August. Specifically regarding the easement off of NE 26'x' Street that is a Stonegate private easement to these two lots, previous requirements by King County when this property was in King County adhered to certain development provisions that would exist only on two lots. The easement is currently just shy of 20 feet and they are curious how this will support the proposed four additional homes. Ms. Weil stated that the easement would be widened to 26-feet with three hammerheads. Ms. Rogers inquired where the two parking spaces per home would be on Lyons Ave or in the location of the new homes. The Examiner stated that parking is on site only. Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 6 The easement that provides access to the proposed lots is sufficient to accommodate with the hammerheads. The Examiner stated that if there is a private easement, then it might have restrictions on it. As this easement comes off of 26th, it is not clear what the restrictions, if any, are on the number of homes. Private restrictions on the easement would be enforceable. Ms. Rogers stated that it then is a private matter between Stonegate and the development. Lee Bailey, 18833 96'x' Avenue NW, Stanwood, WA 98292 stated that he would like some clarification on water easements. There is a holding pond in the northeast corner of Summer Wind, and the storm drain that is in NE 24th in Newcastle Terrace drains to the north to May Creek. He had a conversation with the developer of Newcastle Terrace years ago, who stated that he had received an easement for the stormwater to go north to May Creek, there were no holding ponds in the 1960's. Are there impacts on that stormwater due to Lots 30 and maybe Lot 14 where the watercourse goes to the north? He believes that Summer Wind also uses the same holding pond. Stan Engler, Fire Marshal, City of Renton had a concern on Lots 33 and 34 as to fire access. These are existing homes and the land around them is being calculated for density in other areas of the site. The access off of May Valley Road is very difficult for fire access and he has concerns as to their ability to serve those two homes that have been annexed to the City and the bridge across May Creek is not passable by the fire vehicles. The access off of May Valley Road is very difficult for the Fire Department to use at this time. There is a right-of-way that goes due north to May Valley Road that could be utilized. Mr. Noland stated that Mr. Bailey's concern on the water issue, the outflow from NE 24`x' Street is connected to the retention pond in Stonegate. That happened when Stonegate was developed because of the concern of open outflow of storm water heading north and east from Newcastle Terrace. Kayren Kittrick, Development Services stated that she was the project manager when Stonegate was developed. It was a plat that came in with King County and then was built under City of Renton after annexation. There is a 25-foot access easement off of NE 26`x', it was part of the plat and part of the plat conditions. It is 20-feet wide because that was the County standards, City of Renton has standards and that is why it widens to 26-feet beyond the 20-foot easement that was created with the plat. The four lots are the maximum that that easement will serve. Regarding NE 24th being resurfaced, she will forward that information to the transportation division, they will evaluate and priorities get set according to the condition. It is very common that when new roads go in, the City tends to bump ones in the area up the priority list. SE 100th where it comes onto Duvall, left turns off of Duvall. The new Duvall improvements are being constructed next year, and as part of that there are a lot of safety improvements that are being looked at. She was not sure exactly what was looked at for that location, but it is under the City of Renton up to the bridge. Fire access is an issue and no one has been discussing it. The fact that under the City of Renton Fire Code the house on Lot 34 would be required to be sprinklered. There is serious concern from Fire about serving these lots due to the small bridge across May Creek. Some certifications would do a lot to alleviate their concern about crossing it. They find it difficult to serve both Lots 33 and 34. Pavement should be required at a 20-foot minimum. There is a 30-foot easement noted in the report that crosses the western property line up to May Valley Road. It would also go through that particular area that they are trying to not access. These two lots are part of this plat and therefore have to meet Code provisions. The existing building(shop) was reviewed for the Traffic Mitigation Fee, per the square footage the shop generates more than a single-family home, so it was easily credited as a single-family home. It will have to go through a building permit process, energy code review, and a fire code review. Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 7 Ms. Weil stated that there is a property owner here and Mr. Hanson addressed about a section of SE 1001x' Street out to Duvall and how the improvements would come down. She asked Mr. Hanson to just clarify for the property owner located to the west, any improvements there and any impact on that property. The Examiner stated that unless the City condemns right-of-way, they have no right to touch this person's property. They can work out agreements, but they cannot trespass or in any other way affect his property. He was not sure what they planned to do as far as radius curve or anything else to smooth things out. Mr. Hanson stated that all construction would be within the City/County right-of-way with the exception of a small portion of right-of-way that they will be dedicating at that intersection. There should be sufficient right- of-way to do all street construction. There should be no impact on any private properties. Ms. Kittrick stated that when the final design is in, that will determine all final calculations and at that time it will all have to be within the right-of-way, not affecting anyone's property. Mr. Offe stated that in regards to Fire access to Lots 33 and 34, they did not know that this had become an issue, but felt that they could deal with it. If the Examiner allows flexibility, currently an access is being brought down the south side of Lots 30-33 to provide access to the lots for Fire protection and to provide access into the future detention facility. This access is required for both Fire protection and emergency use, it is also being used as access to maintain the detention facility. They could work a way to extend that into Lots 33 and 34 for Fire protection if required, as opposed to trying to find a way to certify an ancient bridge. The Examiner stated that he would have to check and see where and how that fits into the protection zone. Mr. Hanson stated that road would only be for emergency access, not for general access. There is a provision in the open space overlay to allow for such emergency access roadways. Those things were anticipated that they might be needed in this area, not to serve Lots 33 and 34 however. The house on Lot 34 is a new house and is sprinklered and was approved by King County. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at approximately 10:52 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter. the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Langley Development/C. Thomas Foster, filed a request for a clustered development 34- lot Preliminary Plat. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 8 5. The subject site is a multiple parcel assemblage located between May Valley Road on the north and between Coal Creek Parkway(Duvall Avenue NE)on the west, NE 26th Street generally on the east and NE 24th Street on the south. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of low density residential uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-1 (Single Family - 1 dwelling unit/acre). The subject site is located in the Urban Separator Overlay area and may create smaller lots by protecting open space and sensitive areas. 8. The subject site was annexed to the City with the adoption of Ordinance 5142 enacted in June 2005. 9. The subject site is approximately 34 acres or 1,481,040 square feet. The parcel is irregularly shaped although shaped somewhat like a "U". 10. May Creek crosses the subject site in two locations. It crosses the subject site in the northeast corner just south of May Valley Road and also in the northwest corner of the site, generally in the two upright portions of the "U" shaped site. May Creek is a Class 2 stream and requires a 100 foot buffer. The applicant would protect these two portions of the subject site in Proposed Tracts A and D. 11. In addition to May Creek, the site contains two Category 2 wetlands. Wetland A is 4,164 square feet. It is located in the east central area of the site. The second wetland, Wetland B, is located in the western portion of the site and is approximately 174,049 square feet. Both wetlands are Category 2 and they each require 50-foot buffers. As proposed the wetland and buffers would be contained in Proposed Tracts A, B and C with the exception of portions that would be located in Proposed Lots 23, 25 and 33. The applicant agreed to redesign those lots to fully protect the wetlands and buffers in the protected tracts. 12. The applicant proposes a clustered development that is allowed in the Urban Separator Overlay area. This permits development on smaller lots as long as the overall density does not exceed the normal carrying capacity density of the site. The R-1 Zone permits one home per acre or 34 homes on 34 acres and the applicant can create a plat of 34 lots. The minimum lot size for this type of clustered development in the R-1 Zone is 10,000 square feet. At a minimum interior lots must be 70 feet wide and corner lots 80 feet wide and all lots must be 85 feet deep. All lots must have 30 foot front yards, 20 foot side yards along a street or 15 foot when interior lots and 25 foot rear yards. The Urban Separator Overlay, which governs this project requires the retention of trees and other vegetation and permits a maximum clearing of 35% of each lot. The applicant may remove more vegetation on some of the smaller lots that require grading. Vegetation in those cases would be replaced. 13. A primary goal of the Urban Separator Overlay is to create a contiguous open space corridor, conserve critical areas and serve as a separator between jurisdictions. It requires the establishment of at least 50% of a site to be set aside in non-revocable open space. The applicant has requested a modification in terms of the width of the required "contiguous corridor" where existing development impinges on the width and offers to set aside more than the required 50% open space, providing instead 55% open space. (see below) 14. Five homes, both existing or under construction, on the subject site would be retained. An existing commercial building also would be retained and converted to a home. Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 9 15. The subject site can generally be divided by topography, location and proposed access into four main areas, three of which would support home development. One area would be protected open space(see below). The main area proposed for development is one tier of lots north of NE 24th Street. NE 24th along with stub connectors to the north were constructed as part of Newcastle Terrace. Access to this area of the plat would be via NE 24h Street and the northerly extension of Ilwaco on the east and Field on the west, that intersects NE 24th Street. Proposed Lots 1 to 29 would be in this area. The lots would mainly be in two tiers north and south of a new east to west road generally running between Ilwaco and Field. Easements extending from this road would provide access to Proposed Lots 14, 15 and 16 on the east and Proposed Lots 22 and 23 on the north. The existing commercial building that will be converted to a home would be located on Proposed Lot 19 and the existing home would be located on Proposed Lot 20. The easement access roadway's space requirements were not appropriately deducted from the lot area of adjacent properties and this will need to be corrected. Staff noted that there is sufficient lot area to accommodate these changes. 16. A second development area is a smaller area at the eastern edge of the site and west of a curve in NE 26th Street in the Stonegate Plat. Access to this area would be via an extension of an easement running west from that curve in NE 26th Street. The easement would be widened to 26 feet and three(3) hammerhead turnarounds would be constructed. Three lots, Proposed Lots 30, 31 and 32 (west to east), would be created. Building permits issued by King County (prior to annexation)account for two homes under construction on Proposed Lots 30 and 32. Again, easement areas were inappropriately factored into the lot areas and this will have to be corrected. 17. The third development area is at the north central portion of the site and its access is from May Valley Road. May Creek crosses the northern portion of this area. Proposed Lots 33 and 34(south to north) would be located here. Two existing homes are already located on these lots and were developed when it was in King County. No additional homes are proposed in this location. May Valley Road provides general access to the northern portion of the site. Access to this area is via a substandard, 15-foot easement from May Valley road and a bridge that crosses May Creek. The Fire Department is concerned about this substandard access and also concerned about the capacity of the bridge to handle the weight of emergency vehicles. The Fire Department wants standard access and certification that the bridge could handle a fully equipped Fire Engine. 18. Neighbors were concerned about the eastern access easement from NE 26th Street. It appears that the easement was specifically created to provide access to interior parcels such as those proposed in this subdivision. City code does permit easement access from up to four lots although private restrictions are not part of this review. 19. Sensitive areas containing the wetlands, the creek and steep hillsides will be protected in four(4)tracts. Three tracts would be located in a swath running east to west and generally across the west and center of the site and one tract would be located in the northeast portion of the site. 20. The density for this plat is established at 34 units and because the Urban Separator is being utilized, there is no deduction for sensitive areas. The sensitive areas will be protected by non-revocable agreements. 21. As noted above, the applicant proposes setting aside and protecting approximately 55% of the site. The areas that will be protected include two Category 2 wetlands, May Creek and steeper slopes as well as the storm water detention area where natural vegetation will be used to enhance that area set aside and a contiguous corridor that connects these various open space areas. Four tracts would be created. Tract A would be the westernmost tract containing one segment of May Creek in the northwest corner of the site, Wetland A in the western portion of the site and steeper slopes in the west central area of the site. It would contain approximately 421,451 square feet and be a Native Growth Protection Area. Tract B Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 10 would be located almost in the center of the site and contain approximately 135,627 square feet of steeply sloped areas with 40%or greater. It would also be a Native Growth Protection Area. Tract C would be the 176,706 square feet open space and storm water detention area. It would be located in the east central area of the site. The final tract, Tract D, would be in the northeast corner of the site adjacent to May Valley Road and would contain the second segment of May Creek that runs through the site. This area would also be a Native Growth Protection Area containing approximately 85,614 square feet of land. An existing home on Proposed Lot 33 intrudes into what would normally be the stream buffer area for May Creek. 22. The majority of the subject site, 30 of the proposed 34 lots, is located within the Renton School District. The project is expected to generate approximately 12 school age children in the Renton District. These students would be spread across the grades and would be assigned on a space available basis. The eastern area where Proposed Lots 30, 31 and 32 are located is in the Issaquah School District. The applicant will have to pay the mandated school impact fee for those homes in the Issaquah District. 23. The development will increase traffic approximately 10 trips per unit or approximately 340 trips for the 34 single-family homes. Approximately ten percent of the trips, or approximately 34 additional peak hour trips will be generated in the morning and evening. There was concern about traffic exiting the plat and other developments at Duvall/Coal Creek. Traffic patterns would be subject to further review and restriction by the City. 24. Stormwater will be detained on Tract C, which is immediately west of Proposed Lot 30. The applicant will be complying with the 2005 King County Surface Water Design Manual and conditions imposed by the ERC. The Tract will also be part of the overall open space for this proposal. 25. The subject site is uniquely divided in three service areas for water and two for sewer. The City, Water District 90 and Coal Creek Water and Sewer provide domestic water to the site while the City and Coal Creek provide sanitary sewer service. 26. There are older wells on the subject site and those wells will have to be appropriately decommissioned. 27. An easement for a recreational trail that will be owned by the City will be created through Proposed Tracts A, B and C and eventually through third party property to Tract D. The City will develop the trail. 28. The modifications sought are to allow the open space corridor to follow more natural terrain lines in the vicinity of Tract A and B and the lots south of those tracts including the existing buildings' lots. The other area is in the vicinity of Proposed Lot 30 where King County already permitted a home. The applicant has indicated that the protection of an additional five percent (5%)open space has been provided to offset the impacts of the proposed modifications as well as a wider than 50 foot corridor to connect to other undeveloped property to the east. 29. The applicant responded to the need for improved access to Proposed Lots 33 and 34 with a suggestion of extending the easterly roadway easement from Proposed Lots 30 to 32 to the north. The creation of a roadway for such purposes would carve up the contiguous open space and defeat the protection sought by the City standards. CONCLUSIONS: 1. In the main, the proposed plat appears to serve the public use and interest. Providing additional property for the development of homes serves many of the goals of the Comprehensive Plan. At the same time, plats must make allowances for needed public services as well as safe and secure access Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 11 points. Occasionally it is necessary to remind parties that approval of a plat is discretionary. While clearly owners are entitled to make reasonable use of their land, they must show that the plat is appropriate and provides the necessary infrastructure. The plat must make reasonable accommodation for things like parks, roads and emergency services that the plat's residents will both need or even demand. The plat also must provide appropriate lot sizes, setbacks and utility infrastructure. 2. A developed property that might already have a septic system that is no longer standard must put in an appropriate sanitary sewer line when dividing or re-dividing property. Similar to replacing a non- standard septic system with a sewer, an applicant is responsible for replacing a non-standard and potentially dangerous bridge and narrow easement with a suitable City-approved bridge, driveway or easement. Access, both safe and sufficient, is required when dividing or re-dividing property. In this case, we are not merely dealing with bulk standards such as setbacks or side yards. The standards at issue are ones in which life and property could be at risk. Life safety is at stake even if the homes have sprinkler systems. Aid calls require a response from not only aid cars, modest ambulance-sized vehicles but also full-sized fire engines. If a bridge were inadequate to bear the load, not only would the lives of residents be in jeopardy,but the fire crews would also be in jeopardy. There is no question that access from May Valley Road has to meet at least the minimum standards of the Fire Department before the property can be further divided. The alternative of a new roadway from the southeast corner of the site is inappropriate. It would detract environmentally from the open space contiguous area and reduce acreage of that area. While code may permit it, it would be an inappropriate exception in this case. It would be particularly inappropriate since the applicant has already sought modifications in other areas of the requirements and an existing encroachment over May Creek already exists that wou:d not be eliminated by the alternative access. 3. The applicant's unhappiness with the Fire Department's raising requirements involving a matter of life safety and their imposition 'late in the process'as the applicant believes is unwarranted. The public hearing is intended to review the proposal and is another anticipated stage in the review process. New information may and many times does become apparent as the Hearing Examiner and the public have an opportunity to review the proposal. Even if this issue were raised somewhat late in the review process, there is no question about the ability of the City to correct an oversight at this point, particularly when life safety is at the heart of the matter. 4. The modifications sought by the applicant appear reasonable under the unique circumstances of this case. The "contiguous open space" map is a non-exact illustration of the general sensitive area in this vicinity and it does show some rather rigid straight lines in its "balloon" representation of the intended areas of protection. Both the natural terrain features as well as the existing development can either justify or constrain the actual lines protection can or should follow. Those realities coupled with the fact that the applicant is setting aside 55% of the property whereas only a 50% set aside is required allows the decision maker to agree that in this case,the tradeoffs proposed appear reasonable and the modification justified. Attempting to create large and/or contiguous belts of greenspace in an area that already has development is difficult to accomplish. The consolidation of these various ownerships enables the creation of a large swath of open space over the difficult terrain while also achieving reasonable housing objectives. 5. Staff noted some minor changes to either comply with code or simplify property descriptions or limitations. The applicant will have to remove easement roadways from lot area calculations. The applicant should alter the boundaries of Proposed Lots 23 and 25 to move all buffer or required open space into the protected open space tracts if for no other reason than simplicity in ownership, maintenance and limitations. 6. In other particulars, the proposed plat will create large, naturally landscaped lots for residents who prefer roomier tracts and natural amenities. The area is one in which public services are available or can Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 12 be extended. The applicant will be paying mitigation fees to offset its impacts on fire, roads and parks and recreation. The new homes, once developed, will increase the tax base of the City. 7. The preservation of a large portion of the site in open space probably makes better sense that dividing this 34-acre site into 34 separate, somewhat regular rectangular lots of one acre each. Steep slopes, May Creek and wetlands will be protected by the proposed development scheme. Clearly, prior development under older regulations was not as protective as the current regulations and resulted in a home closer to May Creek than would now be permitted. The new regulations, it appears, serve the public better and provide more protection for not only open space but the wildlife that utilizes the area. 8. While clearly new development will increase traffic and general noise in a rather rural, natural area, these impacts were envisioned when both the Comprehensive Plan and Zoning were established for this area. 9. In conclusion, the Proposed Plat should be approved by the City Council subject to the conditions noted in this report. RECOMMENDATION: The City Council should approve the Proposed Plat subject to the following conditions: 1. The applicant shall comply with the conditions imposed by the ERC. 2. The applicant shall provide access to Proposed Lots 33 and 34 that meet City Standards subject to the review and approval of the Fire Department. This may entail widening the access roadway, increasing the load bearing capacity of the existing bridge or both. The applicant shall not create a roadway from NE 26th' Street to lots 33 and 34. 3. The applicant shall provide revised plans showing the net square footage demonstrating compliance for lot area for any lot impacted by an access easement(Lots 14, 30, 31, 32 and 33). The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. 4. The applicant shall ensure all open space area including buffer impacted during construction shall he restored and enhanced if required 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 prior to recording of the final plat. 5. 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 private improvements of this development. A draft of the document(s)shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. 6. The applicant shall establish a maintenance agreement for the shared private access easements. Additionally, the applicant shall install a"Private Road" sign indicating addresses served from the private street at the intersection of the private street and public street. Additionally, these easements shall be posted for"No Parking"along the easements. This condition would ensure that emergency aid vehicles could find all residences located within the proposed subdivision. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final plat. Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 13 7. The applicant shall record a public 15-foot wide pedestrian trail easement across Tracts A, B and C. The City Attorney shall review the Trail Access Easement. A note shall be placed on the face of the plat. The trail shall be for future construction by the City to be accessible to the public. These requirements shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. 8. The Open Space Tracts A, B, C and D shall be posted with signs indicating the area as Non- revocable Open Space and site for a future public trail connection. The maintenance agreement and responsible party(ies)shall be noted on the face of the plat and added to the CC&R's. This condition shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. 9. The establishment of Native Growth Protection Areas containing the areas determined to be wetland and/or buffer, stream and/or buffer and protected slope in accordance to the city code. A note shall be placed on the face of the plat designating the area, as Native Growth Protection Area and split rail fence shall be constructed along the perimeters of the tract with signs posted indicating the presence of an environmentally sensitive area prior to final plat approval. This condition shall be subject to the review and approval of the Development Services Division prior to recording of the final plat. 10. The applicant shall provide documentation that any decommissioned wells are in compliance with code. The satisfaction of this condition shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. ORDERED THIS 15`x' day of December 2005. k<‘Q,..4..,--f\i44--„ - FRED J. KAUF AN HEARING EXA INER TRANSMITTED THIS 15th day of December 2005 to the parties of record: Nancy Weil Langley Development Clifford & Diana Broussard 1055 S Grady Way C. Thomas Foster 141 1 1 SE May Valley Rd Renton, WA 98055 1560 140th Avenue NE 4100 Renton, WA 98055 Bellevue, WA 98005 Robert& Shirley Blayden John P. Andrews Robert & Tamara Holmes PO Box 3029 22425 Bear Creek Road 5416 NE 26th Street Renton, WA 98056 Bend, OR 97701 Renton, WA 98056 Fred & Suzzane Makowski Dan &Cheryl Stabbert Einer& Marilyn Handeland PO Box 2215 9400 Hilltop Road 3018 Ilwaco Avenue NE Belfair, WA 98528 Bellevue, WA 98004 Renton, WA 98056 Jim Hanson Darrell Offe Dennis Noland 17446 Mallard Cove Lane Offe Engineers 5226 NE 24th Street Mt. Vernon, WA 98274 13932 SE 159th Place Renton, WA 98059 Renton, WA 98058 Langley Ridge at May Creek Preliminary Plat File No.: LUA-05-083, ECF, PP December 15, 2005 Page 14 Debra Rogers Lee Bailey Kayren Kittrick 5326 NE 22nd Court 18833 96th Avenue NW Development Services Division Renton, WA 98059 Stanwood, WA 98292 City of Renton TRANSMITTED THIS 15th day of December 2005 to the following: Mayor Kathy Keolker-Wheeler Stan Engler, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Larry Warren, City Attorney Transportation Division Gregg Zimmerman, PBPW Administrator Utilities Division Alex Pietsch, Economic Development Neil Watts, Development Services Jennifer Henning, Development Services Janet Conklin, Development Services Stacy Tucker, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100(G)of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,December 29,2005. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,December 29,2005. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. 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[jCenter Village ' :Urban Center N... _-- ., , ;JUrban Center N... 4 ,, • a:`ryCenter Downtown 13":94qq •.40:V{Center D iantff... ` to. ommercial Art... A` ;,. # _4 , Commercial Off... t ,,. �' - -- - alit .y� ommercial Nei... 8 .. ,R$ R 4 , f -4 j .��;f.lndustrial-Heavy R1 • Industrial-Medi... ,. 'R-8 r '' A?Industrial-Light '� Renton Aerials T 4- R i -_.^`{ ail. ''.1-'7,s4-- •. - �,�', - '} D -. - ..yam t s p � �I -4 i...r..,.. .L. .i .'fir_. .,...K. ..,:.--..4-,-,.--...7,...::1...�_._-_.._ - ' r4 N SCALE 1 : 12,252 1,000 0 1,000 2,000 3,000 FEET Ct //rPntnnnet nrn/ManC�,liria/mane/Parrnl muff TI...- - .. �, ,. . 47 nnnc o.cA nu ERC o ijt Icos City of Renton P/8/PW Department Preliminary Report to the Hearing Examiner LANGLEY RIDGE @ MAY CREEK PRELIMINARY PLAT LUA-05-083,PP,ECF PUBLIC HEARING DATE:November 29,2005 Page 5 of 14 1. The applicant shall adhere to the recommendation of the geotechnical report prepared by Icicle Creek Engineers, Inc dated June 20,2005 during site preparation and building construction. 2. The applicant shall be required to perform all earthwork activities in the drier summer months (April—October)unless otherwise approved by the City's Development Services Division. 3. The applicant shall install a silt fence along the down slope perimeter of the area to be disturbed. The silt fence shall be in place before clearing and grading is initiated and shall be constructed in conformance with the specifications presented in the Vol. II 2001 DOE Stormwater Management Manual. This condition shall be required during the construction of both off-site and on-site improvements as well as building construction. 4. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce the flow rates. The design and construction of the drainage swales shall conform to the specifications presented in the Vol. II 2001 DOE Stormwater Management Manual. Temporary pipe systems can also be used to convey stormwater across the site. This condition shall be required during the construction of both off-site and on-site improvements as well as building construction. 5. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both on-site and off-site improvements as well as building construction. 6. The project Engineer shall submit weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules to the Public Works Inspector. 7. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. 8. The applicant shall comply with the recommendations contained within the Wetland, Stream and Habitat Study dated June 30, 2005 prepared by Altmann Oliver Associates, LLC in regards to wetland and stream maintenance, monitoring and construction of the project. 9. This project shall be subject to the 2005 King County Surface Water Analysis and Design Standards. 10. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot prior to the recording of the final plat. 11. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. 12. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single- family lot prior to the recording of the final plat. Form No. 14 Guarantee No.:4268-584194 -I Subdivision Guarantee(4-10-75) Page No.: Exhibit"A" Real property in the County of King, State of Washington, described as follows: Parcel A: The East 210 feet of the following portion of the East half of the East half of the Southwest quarter of thi Southeast quarter of Section 34,Township 24 North, Range 5 East, W M, in King County, Washington, lying Southerly of a line running from a point 90 feet North of the Southeast corner to a point 200 feet North of the Southwest corner, EXCEPT the South 8 feet of the West 80 feet thereof, TOGETHER WITH the North 20 feet of the East 130.67 feet of the Northwest quarter of the Northeast quarter of Section 3,Township 23 North, Range 5 East,W M, in King County, Washington, (Also known as Lot A of King County Lot Line Adjustment No 8603036, recorded December 20, 2001, under Recording No. 20011220002563, records of King County, Washington. Parcel B: An easement for roadway over the West 15 feet of that portion of said East half of the East half of the Southwest quarter of the Southeast quarter lying North of the above described Tract and South of the Thomas Rowe County Road(SE Coalfield Way)and also over the East 15 feet of that portion of the West half of the East half of the Southwest quarter of the Southeast quarter lying South of said road. Tax Parcel Number: 342405907607 first American Tide _:.. // „. TCs. z 1117 - R-1 ,;, hill Sty� � `�� SE 100t1 h Pl, / LNE2Gth o ' � ;. ahoz r..r: � - } 'E i th sr '' 1 ' 41 I R_ :_8, . ; NE 2 .ri, St.:.q_B _- -SE 102 • NE,241 12=' . NE..22n c CP ' I 1 -11E--2tst.St- -` , 1 w 2st Ct" �; 1 1- - - - J.- -. ii4-__ , \ i {1 L i SE 104th M �, SE 104th St. �� = _ _ ' : 1 . so i -8 L ,: x,;1,7_, . _ - -R- _ v -- sos R -8 CA ›- R -8 SE 1112th P1. + x z SE 113th Alce c=111--- E6 . 10 T23N ME E 1/2 • °® D6 ' ZONING ---- moo Waft/ 1:41300 SERVICESIVB/PW TECHNICAL, • 12/28/04 3 T23N R5E E l s3 CITY OF RENTON COUNCIL AGENDA BILL • AI#: 1 • Submitting Data: For Agenda of: Dept/Div/Board.. Human Resources & Risk Mgmt February 6, 2006 Staff Contact Michael Webby Agenda Status Consent Subject: Public Hearing.. Amending Section of 3-5-2 of Chapter 5, Fire Correspondence.. Department and Section 3-8-2 of Chapter 8, Police Ordinance X Department of Title III Resolution Old Business Exhibits: New Business Draft Ordinance excluding Fire Chief and Police Chief Study Sessions from the classified Civil Service system, Extracts from Information State Civil Service Law, and a related issue paper Recommended Action: Approvals: Refer to Public Safety Committee Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... -0- Transfer/Amendment Amount Budgeted -0- Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: RCW 41.12.050 and RCW 41.08.050 authorize the legislative body of a city, town or municipality to exempt from Civil Service Police and Fire Chiefs respectively. Approval of the draft ordinance attached will result in both the Police and Fire Chiefs of the City of Renton to be exempted from Civil Service. STAFF RECOMMENDATION: Approve the ordinance exempting Police and Fire Chief. • Rentonnet/agnbill/ bh $(cY Oset) ADMINISTRATIVE, JUDICIAL, AND az, , LEGAL SERVICES DEPARTMENT • ,1\7-rv0 MEMORANDUM DATE: February 2, 2006 TO: Randy Corman, Council President Members of Renton City Council CC: jL Kathy Keolker, Mayor FROM: Jay Covington, Chief Administrative Officer SUBJECT: Exempting Police and Fire Chief Positions from Civil Service ISSUE: Should the Police and Fire Chief positions be exempted from Civil Service? RECOMMENDATION: Approve an ordinance exempting the Police and Fire Chief positions from civil service. BACKGROUND: State law allows cities to exempt certain public safety positions from civil service. Depending on the size of the department, deputy chiefs and bureau or battalion commander positions may also be exempted. If a change is made while the position is occupied, the incumbent has the right to return to the next highest position still within the classified civil service. To avoid this possible impact on an incumbent, changes are usually proposed when there is a pending vacancy. The Administration proposes exempting only the Chief position from both the Police and Fire Departments. The current incumbents have announced their retirement from city employment later this quarter, and the proposal is to hire their replacements as exempt from civil service. In addition to responsibilities as Chief of their respective departments, both positions are also members of the city's senior management team. All other department heads, as members of the Mayor's senior management team, serve in an at-will capacity. While all department head positions are accountable to the Mayor and Chief Administrative Officer, currently the Police and Fire Chief positions require performance review— particularly if disciplinary action is recommended—before the Civil Service Commission. Exempting the Chief positions would treat all senior management positions more equitably. All department head level positions are expected to perform their jobs at a high level of competence, and be held to a higher standard than more typical civil service positions. is\mayor's office\jay\correspondence\2006\020206 issue paper police-fire chief exempt.doc Randy Corman Members of Renton City Council Page 2 of 2 February 2,2006 The Civil Service Commission was briefed on this proposal. They expressed concern about the need for the change at this time, and the perception that this would expose both positions to removal from office for purely political or arbitrary reasons. As mentioned above, in order to minimize disruption, the best time to exempt these positions is when there is a vacancy, so this exemption will be effective with the new chief appointments. As with all other department head positions, both the Police and Fire Chief appointments will be subject to City Council approval. Therefore, removal from office for political or arbitrary reasons is not likely. The sole intent of this change by this Administration is in recognition of the higher level of performance and responsiveness required for these and other department head/senior management positions. Staff has reviewed this proposed recommendation with the executive search firm assisting us in recruitment for both positions. They do not believe exempting these positions will result in less qualified candidates applying for the position. CONCLUSION: To bring all senior management positions (including the Police and Fire Chief positions) to a similar level of accountability and responsibility, the Police and Fire Chief positions should be exempted from Civil Service. is\mayor's office\jay\correspondence\2006\020206 issue paper police-fire chief exempt.doc Extracts from State Civil Service law POLICE CHIEF EXEMPTION FROM CIVIL SERVICE RCW 41.12.050 Persons included-- Restricted exemptions -- Competitive examinations — Transfers, discharges, and reinstatements. (1) For police departments with fewer than six commissioned officers, including the police chief, the classified civil service and provisions of this chapter includes all full paid employees of the department of the city, town, or municipality. (2) For police departments with six or more commissioned officers, including the police chief, the legislative body of a city, town, or municipality may exempt from civil service individuals appointed as police chief after July 1, 1987. (a) If the police chief is not exempt, the classified civil service includes all full paid employees of the department of the city, town, or municipality, including the police chief (b) If the police chief is exempt, the classified civil service includes all full paid employees of the department of the city, town, or municipality, except the police chief and an additional number of positions, designated the unclassified service, determined as follows: Unclassified Department Personnel Position Appointments 6 through 10 2 11 through 20 3 21 through 50 4 C51 through 100 53 101 through 250 6 251 through 500 8 501 and over 10 (3) The unclassified position appointments authorized by subsection(2)(b) of this section may only include selections from the following positions up to the limit of the number of positions authorized: Assistant chief, deputy chief, bureau commander, and administrative assistant or administrative secretary. The initial selection of specific positions to be in the unclassified service and exempt from civil service shall be made by the police chief, who shall notify the civil service commission of his or her selection. Subsequent changes in the designation of which positions are in the unclassified service may be made only with the concurrence of the police chief, the mayor or the city administrator, and the civil service commission, and then only after the civil service commission has heard the issue in an open meeting. If a position initially selected by the police chief to be in the unclassified service is in the classified civil service at the time of the selection, and if the position is occupied, the employee occupying the position has the Extracts from State Civil Service law right to return to the next highest position or a like position in the classified civil service. (4) All appointments to and promotions in the department shall be made solely on merit, efficiency, and fitness except as provided in RCW 35.13.360 through 35.13.400, which shall be ascertained by open competitive examination and impartial investigation. No person in the unclassified service shall be reinstated in or transferred, suspended, or discharged from any such place, position, or employment contrary to the provisions of this chapter. [2002 c 143 § 1; 1993 c 189 § l; 1987 c 339 § 2; 1937 c 13 § 4; RRS § 9558a-4.] NOTES: Severability-- Effective date-- 1987 c 339: See notes following RCW 35.21.333. Chief of police or marshal -- Eligibility requirements: RCW 35.21.333. FIRE CHIEF EXEMPTION FROM CIVIL SERVICE RCW 41.08.050 Persons included--Competitive examinations --Transfers, discharges, and reinstatements. The classified civil service and provisions of this chapter shall include all full paid employees of the fire department of each city, town or municipality coming within its purview, except that individuals appointed as fire chief after July 1, 1987, may be excluded by the legislative body of the city, town, or municipality. All appointments to and promotions in said department shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation. No person shall be reinstated in, or transferred, suspended or discharged from any such place, position or employment contrary to the provisions of this chapter. [1987 c 339 § 1; 1935 c 31 § 4; RRS § 9558-4.] NOTES: Severability--Effective date-- 1987 c 339: See notes following RCW 35.21.333. CITY OF RENTON,WASHINGTON `` �r�! pr� Ii ORDINANCE NO. AN ORDNANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 3-5-2 OF CHAPTER 5, FIRE DEPARTMENT, AND SECTION 3-8-2 OF CHAPTER 8, POLICE DEPARTMENT, OF TITLE III (DEPARTMENTS AND OFFICERS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY EXCLUDING THE FIRE CHIEF AND POLICE CHIEF FROM THE CLASSIFIED CIVIL SERVICE SYSTEM. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L Section 3-5-2 of Chapter 5, Fire Department, of Title III (Departments and Officers) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended to read as follows: The Fire Chief shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. The Fire Chief shall be excluded from the classified civil service system as permitted by RCW 41.08.050. SECTION IL Section 3-8-2 of Chapter 8, Police Department, of Title III (Departments and Officers) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended to read as follows: The Police Chief shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. The Police Chief shall be excluded from the classified civil service system as permitted by RCW 41.12.050(2). SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. 1 ORDINANCE NO. Jr •, r 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.1241:12/29/05:ma • 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems February 6, 2006 Staff Contact Nathan Jones, ext. 7217 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. 2006-2007 FlexPass Contract Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Resolution Information Contract Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Account Number 103.00000.016.5950.0092.43.000031 Expenditure Required... $22,770 Transfer/Amendment Amount Budgeted $25,000 Revenue Generated Total Project Budget $22,770 City Share Total Project.. $25,000 SUMMARY OF ACTION: This contract with King County Metro, Sound Transit and Pierce Transit, will continue Renton's participation in all elements of the FlexPass Program for 2006-2007. FlexPass consolidates all Commute Trip Reduction(CTR) related expenditures by including Commuter Bonus Plus (CB+) vouchers and Guaranteed Ride Home as an integral part of the FlexPass Program. FlexPass is a program offered by King County Metro to all CTR-affected employers. Included in the 2006-2007 FlexPass Program are: 1. Unlimited rides by regular City of Renton employees on bus and commuter rail services provided by King County Metro, Pierce Transit and Sound Transit. 2. CB+ vouchers used to promote the CTR Program by providing incentives to walkers, bicyclists, and carpoolers. 3. Guaranteed Ride Home Program provides participants in the CTR Program with a free taxi ride home in the event of an emergency or illness. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into a contract in the amount of$22,770 with King County Metro to continue the FlexPass Program for the period March 1, 2006-February 28, 2007. H:\TRANS\ADMIN\AGENDA 2006 2006-2007 FlexPass Agenda Bill.doc `SY O� PLANNING/BUILDING/��= PUBLIC WORKS DEPARTMENT • • � � MEMORANDUM DATE: February 6, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: -Yr Kathy Keolker, Mayor FROM: �"` Gregg ZimmermatrA4gnistrator STAFF CONTACT: Nathan A. Jones, Transportation Planning (x7217) SUBJECT: 2006-2007 FlexPass Contract ISSUE: Should the Council authorize the Mayor and City Clerk to enter into an agreement with King County Metro Transit for the purchase of FlexPasses for regular employees for 2006-2007? RECOMMENDATION: Authorize the Mayor and City Clerk to enter into the contract in the amount of$22,770 with King County Metro to continue the FlexPass Program for the period March 1, 2006 through February 28, 2007. BACKGROUND: In order to reduce congestion and improve air quality, Washington State passed a Commute Trip Reduction(CTR) Law in the early 1990s. The CTR Law requires employers with 100 or more employees arriving to work between the hours of six and nine in the morning to have transportation programs for their employees that encourage the use of alternatives to single-occupancy-vehicles (SOVs). Under the CTR Law, the City of Renton is a CTR-affected employer, and as such, the City of Renton enters into an agreement with King County Metro Transit to purchase FlexPasses for each regular City of Renton employee. The City of Renton provides these to employees at no charge to the employee. The current cost to the City of Renton is $69.00 per FlexPass. This reflects a $4.00 per pass cost increase from the prior year. Despite the increase, the FlexPass program still v Randy Corman,Council President Members of the Renton City Council Page 2 of 2 February 6,2006 offers a substantial savings over purchasing the passes through KC Metro outside of the FlexPass program. If employees were to purchase the passes in lesser quantities, the equivalent transit pass could cost as much as $144.00 per month, or$1,728 per year. This is an ongoing program paid for out of the 103 Fund. Cc: Peter Hahn,Interim Transportation Systems Director Nathan Jones,Project Manager Constance Brundage,Administrative Secretary h:\division.s\transpor.tat\admin\agenda 2006\2006-2007 flexpass issue paper.doc RECEWED CITY OF RENTON, WASHINGTON FEB 1 0 2005 RESOLUTION NO. 3 7 3 8 Transportation Systems Div. ti A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH KING COUNTY, SOUND TRANSIT, AND PIERCE TRANSIT FOR THE SALE OF FLEXPASSES TO CITY OF RENTON EMPLOYEES BY KING COUNTY. WHEREAS, the City of Renton, King County, Pierce Transit, and Sound Transit (Transportation Parties) share the desire to provide a transportation management program that will reduce single-occupant vehicle travel and improve the mobility of employees to the City's worksites; and WHEREAS, the Transportation Parties provide buses, vanpools and the Home Free Guarantee program; and WHEREAS, the Transportation Parties, through those programs, are authorized to promote alternatives to single occupant vehicle commuting in King County; and WHEREAS, the City wishes to provide incentives to its employees which promote non- single-occupant vehicle commuting to its worksites; and WHEREAS, the City and the Transportation Parties desire to utilize FlexPasses which can be used to access a variety of services and benefits which enable the City's employees to commute by non-single occupant vehicles; and WHEREAS, it is necessary to document the terms and conditions under which such program will be provided by the County to the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: 1 RESOLUTION NO. 3738 SECTION L The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement for the sale of passes between King County, Sound Transit, Pierce Transit, and the City of Renton for FlexPasses, vanpool fare incentive, and the Home Free Guarantee program, and all subsequent agreements that do not materially change the terms of the agreement and are without budget parameters. PASSED BY THE CITY COUNCIL this 7th day of February , 2005. �• 6t.iaitoyt Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 7th day of February , 2005. "edy ietotkel —1/01 Kathy Keolker-Wheeler,Mayor Approved as to form: I wrence J. Warren, City Attorney - --- RES.1090:1/21/05:ma 2 AGREEMENT FOR SALE OF FLEXPASSES BETWEEN KING COUNTY,SOUND TRANSIT, PIERCE COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION AND CITY OF RENTON This Agreement(hereinafter,"Agreement")is made and entered into by and between King County(hereinafter individually, "KING COUNTY"), Sound Transit(hereinafter"SOUND TRANSIT"),Pierce County Public Transportation Benefit Area Corporation(hereinafter PIERCE TRANSIT"),or collectively referred to hereinafter as "TRANSPORTATION PARTIES",and City of Renton(hereinafter, "COMPANY"). RECITALS A. COMPANY and TRANSPORTATION PARTIES share the desire to provide a comprehensive transportation pass program that will reduce single occupant vehicle(SOV)commute trips and improve the mobility of COMPANY employees. B. KING COUNTY, SOUND TRANSIT and PIERCE TRANSIT are authorized to provide public transportation and generally promote alternatives to SOV commuting in King County, Pierce County and Snohomish County. C. COMPANY has a desire to provide incentives and benefits to its employees,which promote non-SOV commuting to its worksite. D. COMPANY and TRANSPORTATION PARTIES desire to create a single pass media that can be used to access a variety of services and benefits,which enable COMPANY employees to commute,by non-SOV modes. AGREEMENT NOW,THEREFORE, in consideration of the terms,conditions and covenants herein contained,the sufficiency of which is hereby acknowledged,the parties hereto agree to the following. 1. PURPOSE 1.1 Purpose This Agreement establishes a cooperative arrangement between TRANSPORTATION PARTIES and COMPANY for sale and distribution of FlexPasses to COMPANY's Eligible Employees at the rate set forth herein. 2. DEFINITIONS 2.1 Eligible Employees Eligible Employees shall mean only those employees of the COMPANY who meet the following criteria: All CTR-affected City of Renton employees at the 1055 S. Grady Way,Renton,City Hall location. 2.2 FlexPass Card A FlexPass Card is a pass of predetermined duration,usually twelve(12)months,that allows each Eligible Employee,as defined in Paragraph 2.1,to choose from a variety of non-SOV commute options provided by COMPANY or TRANSPORTATION PARTIES. Each FlexPass Card shall bear the inscriptions"FlexPass",each TRANSPORTATION PARTIES' logo or an agreed to regional logo,and beginning and expiration dates in a design and color scheme mutually agreed upon by TRANSPORTATION PARTIES. FlexPass Cards shall also bear a fare amount on the face of the card,the amount of which shall be agreed upon by TRANSPORTATION PARTIES prior to the start of this Agreement. FlexPass Cards shall be produced by TRANSPORTATION PARTIES or their designated contractor. COMPANY shall pay the amount specified in Attachment A for production of FlexPass Cards. FlexPass Card's are non-refundable by TRANSPORTATION PARTIES,except as set forth in Paragraph 8.2.Eligible Employees may be asked to present a valid COMPANY identification card when using a FlexPass. 2.3 Trip Revenue In the event of a generally applicable fare increase adopted by KING COUNTY, SOUND TRANSIT or PIERCE TRANSIT,the amounts shown in Attachment A may be increased at such time as a generally applicable fare increase is implemented by KING COUNTY, SOUND TRANSIT or PIERCE TRANSIT,and COMPANY shall be required to pay the amount of such increase to the appropriate TRANSPORTATION PARTY. 3. EMPLOYEE CONTRIBUTIONS AND COMMUTE BENEFITS AND INCENTIVES 3.1 Eligible Employee Contributions COMPANY may require Eligible Employees to contribute toward the cost of a FlexPass Card,in the amount specified in Attachment A. COMPANY shall not require Eligible Employees to contribute more than fifty percent (50%)of the cost of an individual FlexPass Card,as set forth in Attachment A. FlexPass Agreement Page 1 of 10 City of Renton March 1,2006—February 28,2007 4. COMPANY RESPONSIBILITIES 4.1 Eligible Recipients Of A FlexPass Card COMPANY shall ensure that only Eligible Employees,as defined in Paragraph 2.1,receive FlexPass cards. 4.2 Ordering FlexPass Cards COMPANY shall provide to TRANSPORTATION PARTIES' representative,as listed in Section 16,the number of FlexPass Cards that COMPANY shall provide to Eligible Employees. The number of FlexPass Cards shall be listed in Attachment A. COMPANY shall allow TRANSPORTATION PARTIES at least four(4)weeks in advance of the cards' effective date to fulfill the request for FlexPass Cards. COMPANY understands that failure to provide the number of FlexPass Cards desired at least four(4)weeks in advance,may incur additional and extraordinary costs. Such costs may be related to,but are not limited to,overtime staffing,additional manufacturing charges and express delivery charges. These additional and extraordinary charges shall be borne solely by COMPANY. 4.3 Ordering Additional FlexPass Cards COMPANY shall retain the right to purchase additional FlexPass Cards for distribution to Eligible Employees,over and above the number specified in Attachment A,during the term of this Agreement. COMPANY shall allow TRANSPORTATION PARTIES at least four(4)weeks to fulfill the request for additional FlexPass Cards. Requests shall be made to the TRANSPORTATION PARTIES' representative,as listed in Section 16. The cost for a single additional FlexPass Card shall be the Monthly Rate For Additional FlexPass Cards specified in Attachment A,times the number of months remaining in the Agreement. 4.4 Receipt And Security Of FlexPass Cards COMPANY agrees that all FlexPass Cards received from TRANSPORTATION PARTIES shall become the sole financial responsibility of COMPANY upon receipt and signature by an employee,official or agent of COMPANY. COMPANY agrees that it is solely responsible for providing proper storage and security measures for any and all FlexPass Cards received by COMPANY while in the custody of COMPANY. COMPANY shall be held liable for the equivalent value of a combination King County/Sound Transit/Pierce Transit fare for each month remaining in this Agreement for each FlexPass Card that COMPANY cannot account for,either by distribution to an Eligible Employee,storage in a secure area,for each FlexPass Card not collected from an Eligible Employee who terminates their employment with COMPANY or otherwise becomes ineligible to receive and use a FlexPass Card under the terms of this Agreement,or for each FlexPass Card COMPANY cannot return to TRANSPORTATION PARTIES upon termination of this Agreement,as specified in Section 8. 4.5 Reporting COMPANY shall immediately report to each of the TRANSPORTATION PARTIES any FlexPass Cards that are lost,stolen,damaged or otherwise not functioning properly in TRANSPORTATION PARTIES'transit coaches' electronic registering fareboxes. COMPANY shall return any and all FlexPass Cards to TRANSPORTATION PARTIES that COMPANY believes to be defective. COMPANY shall report to TRANSPORTATION PARTIES all FlexPass usage,changes to COMPANY's transportation program or other details as necessary. 4.6 Roster Of FlexPass Card Recipients COMPANY shall maintain a roster of Eligible Employees who have been provided a FlexPass Card by COMPANY. Upon demand,COMPANY shall provide each TRANSPORTATION PARTY a copy of the roster. 4.7 FlexPass Employee Use Agreement Form Each Eligible Employee who receives a FlexPass Card from COMPANY shall be required to read,sign and return to their employee transportation coordinator or department supervisor,an agreement form stipulating the uses and conditions of a FlexPass Card. The Employee Use Agreement Form,as set forth in Attachment B,is deemed mutually acceptable to both COMPANY and TRANSPORTATION PARTIES. Use Agreement Forms shall be kept on file by COMPANY for the term of this Agreement. 4.8 Collection of FlexPass Cards COMPANY shall return to TRANSPORTATION PARTIES all FlexPass Cards issued to COMPANY within five (5)days of the effective date of termination of this Agreement. COMPANY shall be held liable for the equivalent retail value of a combination King County/Sound Transit/Pierce Transit fare for each month remaining in this Agreement for each FlexPass Card not returned to TRANSPORTATION PARTIES upon termination of this Agreement. FlexPass Agreement Page 2 of 10 City of Renton March I,2006—February 28,2007 4.9 Collection of Transit Ridership Data COMPANY shall survey,or otherwise collect from COMPANY's Eligible Employees,any and all necessary daily transit ridership and commute data that TRANSPORTATION PARTIES deem necessary to accurately and fairly estimate Trip Revenue and the number of bus trips taken by Eligible Employees. TRANSPORTATION PARTIES shall provide to COMPANY a mutually agreed upon survey instrument or other suitable means in which to collect the most current and accurate ridership and commute data possible. 4.10 FlexPass Program Evaluation COMPANY shall participate in any TRANSPORTATION PARTIES' evaluation of the FlexPass program,should such an evaluation be deemed necessary by any of the TRANSPORTATION PARTIES. Evaluation may be through such means as employee surveys,employee focus groups,and management interviews. TRANSPORTATION PARTIES shall provide COMPANY at least thirty(30)days advance notice prior to beginning such an evaluation. 4.11 Home Free Guarantee COMPANY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with the terms attached hereto and made part hereof as Attachment C. 4.12 Vanpool Services The amount of the vanpool fare subsidy for each Eligible Employee shall be stated in Attachment A. If actual vanpool fares incurred by an Eligible Employee exceed the amount of the subsidy specified in Attachment A,the Eligible Employee shall pay the difference directly to the vanpool bookkeeper. 5. TRANSPORTATION PARTIES RESPONSIBILITIES 5.1 Transit Access TRANSPORTATION PARTIES shall allow each COMPANY Eligible Employee displaying a valid FlexPass Card to ride on all parts of its regular route transportation system without additional charge, for trips up to the value printed on the card. TRANSPORTATION PARTIES shall honor each FlexPass Card issued under this agreement up to the expiration date on the Card or until this agreement is otherwise terminated. TRANSPORTATION PARTIES reserve the right to request additional payment at the time the transit trip is taken,if the cost of a trip on any TRANSPORTATION PARTY's regular transit service exceeds the fare value printed on the FlexPass Card. FlexPass Cards are not valid on any Husky,Mariners,Fourth of July, Tacoma Dome Station event parking,or other special event service at the sole discretion of TRANSPORTATION PARTIES. 5.2 FlexPass Card Administration TRANSPORTATION PARTIES' Designated Representative shall manage production,ordering,replacement and delivery of FlexPass Cards to COMPANY,and other administrative tasks related to the FlexPass Card under this Agreement,other than those responsibilities stated as COMPANY responsibilities in Section 4. 5.3 Replacement FlexPass Cards TRANSPORTATION PARTIES shall replace,at no additional cost to COMPANY,any FlexPass Cards deemed to be defective or otherwise unusable or inoperative. COMPANY may be issued temporary passes until TRANSPORTATION PARTIES can manufacture and deliver replacement FlexPass Cards. TRANSPORTATION PARTIES shall replace a lost or stolen FlexPass Card only once at a charge of$50 per replacement card. 5.4 Confiscation of FlexPass Cards In addition to any other rights under law,TRANSPORTATION PARTIES reserve the right to cancel and confiscate a FlexPass Card which is used out of date,altered,duplicated,counterfeited,transferred or distributed to unauthorized persons or otherwise invalid under the terms of this Agreement. 5.5 Collection Of Transit Ridership Data TRANSPORTATION PARTIES shall provide to COMPANY,at no additional cost to COMPANY,a mutually agreed upon survey instrument or other suitable means in which to collect and measure the most current and accurate transit ridership and commute data of COMPANY's Eligible Employees. In addition, TRANSPORTATION PARTIES shall pay for all costs incurred in processing this survey instrument,but not costs incurred by COMPANY in distributing to and collecting from Eligible Employees,this survey instrument. TRANSPORTATION PARTIES shall make available to COMPANY,all data collected from COMPANY's Eligible Employees. FlexPass Agreement Page 3 of 10 City of Renton March 1,2006—February 28,2007 5.6 Home Free Guarantee KING COUNTY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with the terms attached hereto and made part hereof as Attachment C. 5.7 Vanpool Services KING COUNTY shall allow each Eligible Employee holding a FlexPass Card to register as a vanpool participant subject to the availability of vanpool vehicles and minimum ridership requirements.The FlexPass Card will be honored as full or partial payment of vanpool fares,up to the amount specified in Attachment A. 6. PAYMENTS AND BILLING 6.1 Payment For This Agreement COMPANY agrees to pay TRANSPORTATION PARTIES the total amount stated in Attachment A for participation in TRANSPORTATION PARTIES' FlexPass program. KING COUNTY and PIERCE TRANSIT shall present an invoice for amounts due to COMPANY's representative listed in Section 16. Payment shall be made in full by COMPANY according to the terms listed on the invoice,unless a payment schedule is mutually agreed upon by both parties and incorporated into this Agreement,in Attachment A. KING COUNTY shall invoice COMPANY for the amount(s)due for SOUND TRANSIT for additional FlexPass Cards purchased by COMPANY. 6.2 Late Payment Penalty If any scheduled payments are not made by their due date,then the entire amount due under this Agreement may become immediately due and payable. Any late payment shall be subject to a penalty accruing at the maximum rate allowable by state law for each month that the payment remains due. If any check made payable to any of the TRANSPORTATION PARTIES by COMPANY is returned to a TRANSPORTATION PARTY for insufficient funds(NSF)in COMPANY's checking account,then COMPANY shall be assessed a$25 (twenty-five)penalty by the TRANSPORTATION PARTY receiving the NSF check. 7. TERM OF AGREEMENT 7.1 Term This Agreement shall take effect upon the exact day and expire on the exact day specified in this paragraph,unless terminated in accordance with the terms set forth in Section 8. This Agreement shall take effect at 12:00 a.m.on March 1,2006 and shall expire at 11:59 p.m.on February 28,2007. 8. TERMINATION 8.1 Termination For Cause Any party may terminate this Agreement in the event the other fails to perform its obligations as described in this Agreement by providing written notice not less than fourteen(14)days prior to the effective date of termination. 8.2 Termination For Convenience Any party may also terminate this Agreement for convenience and without cause by providing the other party with written notice not less than sixty(60)days in advance. If COMPANY has made payments in advance,COMPANY shall be entitled to reimbursement from each TRANSPORTATION PARTY for each valid FlexPass Card returned to TRANSPORTATION PARTIES. Such reimbursement shall be at the monthly rate set forth in Attachment A for the full months remaining in the term of the Agreement. If COMPANY has accrued additional financial obligations to any TRANSPORTATION PARTY as a result of the provisions of this Agreement, either prior to termination or as a result of termination,COMPANY agrees to pay any outstanding amount due to the TRANSPORTATION PARTY. The TRANSPORTATION PARTY shall invoice COMPANY for the amount due according to the procedures outlined in Section 6. 9. RECORDS 9.1 Rights Of Review Both COMPANY and TRANSPORTATION PARTIES shall retain the right to review records and documents related to this Agreement. If a records review is commenced more than sixty(60)days after the termination of the contract,the TRANSPORTATION PARTY requesting the review shall give ten(10)days notice to COMPANY of the date on which the records review will begin. 10. SUCCESSORS AND ASSIGNS 10.1 Written Approval FlexPass Agreement Page 4 of 10 City of Renton March 1,2006—February 28,2007 This Agreement and all terms,provisions,conditions and covenants hereof shall be binding upon the parties hereto and their respective successors and assigns. All parties,however,agree that they will not assign or delegate the duties to be performed under this Agreement without prior,written approval from the other parties. 11. LEGAL RELATIONS 11.1 No Partnership And No Third Party Beneficiaries COMPANY and TRANSPORTATION PARTIES agree that this Agreement does not create a partnership or joint venture relationship between the parties,and does not benefit or create any rights in a third party. 11.2 Force Majeure TRANSPORTATION PARTIES shall be excused from performance of any responsibilities and obligations under this Agreement,and shall not be liable for damages due to failure to perform,resulting directly or indirectly from causes and circumstances beyond their control, including but not limited to late delivery or nonperformance by vendors of materials or supplies,incidences of fire, flood,snow,earthquake or other acts of nature,accidents,riots, insurrection,terrorism,acts of war,order of any court or civil authority,and strikes or other labor actions. 11.3 Costs of Legal Action COMPANY shall be liable for any and all reasonable attorney fees,court costs and other expenses incurred by TRANSPORTATION PARTIES in the event TRANSPORTATION PARTIES pursue legal action to obtain the return of any FlexPass Cards or amount owing under this Agreement. 12. APPLICABLE LAW, FORUM 12.1 Terms This Agreement shall be governed by and construed according to the laws of the State of Washington. Nothing in this Agreement shall be construed as altering or diminishing the rights or responsibilities of the parties as granted or imposed by state law. In the event that any litigation may be filed between the parties regarding this Agreement, COMPANY and TRANSPORTATION PARTIES agree that personal jurisdiction and venue shall rest in the Superior Court of the county where the TRANSPORTATION PARTY pursuing the action resides. 13. DISPUTES 13.1 Dispute Resolution Procedure All claims or disputes arising out of or relating to this Agreement shall be referred to a panel consisting of COMPANY's City Attorney, KING COUNTY's General Manager,Transit Division, SOUND TRANSIT's Executive Director,PIERCE TRANSIT's Chief Executive Officer or their designees. If this panel is unable to reach a mutually acceptable resolution,it shall appoint another person to serve as mediator in the effort to resolve the claim or dispute. Such mediation shall be required before an action may be filed to adjudicate the claim or dispute in a court of law. 14. ENTIRE AGREEMENT AND AMENDMENT 14.1 Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof. 14.2 Amendments And Modifications This Agreement may be amended or modified only by written instrument signed by the parties hereto. 15. SAVINGS 15.1 Definition Should any provision of this Agreement be deemed invalid or inconsistent with any federal,state or local law or regulation,the remaining provisions shall continue in full force and effect. All parties agree to immediately attempt to renegotiate such provision that is invalidated or superseded by such laws or regulations. FlexPass Agreement Page 5 of 10 City of Renton March I,2006—February 28,2007 16. CONTACT PERSONS 16.1 Definition COMPANY and TRANSPORTATION PARTIES shall designate a contact person for purposes of sending inquiries and notices regarding the execution and fulfillment of this Agreement,as well as ordering of all fare media and vouchers. COMPANY KING COUNTY, FLEXPASS CARD ORDERS& RETURNS Contact Name Nathan A.Jones Jerry Waugh Title Transportation Planner Customer Services Coordinator Address City of Renton Employer/Retail Products Transportation Systems Division King County Metro Transit 1055 S. Grady Way, 5th Floor 201 S.Jackson Street;MS KSC-TR-0412 Renton,WA 98055 Seattle,WA 98104-3856 Telephone 425-430-7217 206-684-6778 Fax 425-430-7376 206-263-4809 E-Mail njones@ci.renton.wa.us jerry.waugh@metrokc.gov SOUND TRANSIT PIERCE TRANSIT Contact Name Christie Parker Daphne Tackett Title Policy Analyst Community Services Manager Address Sound Transit Pierce Transit 401 S. Jackson Street PO Box 99070 Seattle, WA 98104-2826 Lakewood,WA 98499-0070 Telephone 206-398-5405 253-581-8037 Fax 206-689-3376 253-984-8227 E-Mail parkerc@soundtransit.org Dtackett@piercetransit.org 17. EXECUTION OF AGREEMENT 17.1 Definition This Agreement shall be executed in three(4)counterparts,each one of which shall be regarded for all purposes as one original. In Witness Whereof,the parties have executed this Agreement as of the date first written above. COMPANY KING COUNTY BY BY Kathy Keolker Darwin Campbell Title: Mayor,City of Renton Title: Manager,Transit—Customer Services Date: Date: PIERCE TRANSIT SOUND TRANSIT BY King County per Agent Agreement BY Daphne Tackett Title: Community Services Manager Date: FlexPass Agreement Page 6 of 10 City of Renton March 1,2006—February 28,2007 FlexPass Agreement Attachment A - Agreement Costs Company City of Renton Start Date March 1, 2006 Area FlexPass zone South King County Agreement Year #8 Quantity Rate ($/card) Cost King County • Transit access 330 $41.20 $13,596.00 • Home Free Guarantee (Up to 8 rides/employee/agreement) • Up to $65 per month per vanpooler • Up to $20 per month for Vanshare • FlexPass card administration • Commuter Bonus Plus voucher pool 1 pool $4,950.00 Included (330 FlexPass cards x $15.00) Total—King County 330 $41.20 $13,596.00 Sound Transit 330 $25.92 $8,553.60 • Transit access Pierce Transit 330 $1.88 $620.40 • Local transit(bus) access _, ^ Total — FlexPass Agreement 330 $69.00 $22,770.00 Number of FlexPass Cards issued under this Agreement = 330 Payment Schedule = 1/4 due in each of 60, 90, 180 and 270 days. Eligible Employee Contribution ($ per employee) = $0.00 Monthly Rate for ONE Additional FlexPass Card * Monthly Rate for ONE Additional FlexPass Card = $4.29 * Plus Card Production and Administration fee =$2.60 per card (Note: Calculation based on$51.40/12 months+ $2.60 per card. The Monthly rate does not include Commuter Bonus Plus vouchers.) Allocation: King County = $1.97 Sound Transit = $2.16 Pierce Transit = $ .16 FlexPass Agreement Page 7 of 10 City of Renton March 1,2006—February 28,2007 FlexPass Agreement—Attachment B Sample Employee Use Agreement Form CITY OF RENTON FlexPass Use Agreement As a FlexPass holder, I agree to the following: 1. The FlexPass is a benefit provided to me as an employee and is to be used only during the period I am employed by my employer. 2. I will use my FlexPass for my own transportation only. I will not transfer my FlexPass to any other person. 3. I will keep my FlexPass secure and in good condition. I will immediately report a lost, stolen or damaged FlexPass to the Transportation Coordinator. I understand a lost FlexPass will be replaced only once per year at a charge of$50.00. A non-working FlexPass will be replaced free of charge. 4. I will return my FlexPass upon request or when I leave my employment with this company. If I do not return my FlexPass, I authorize the amount of$144.00, for each whole and partial month remaining on the FlexPass, to be withheld from my paycheck. 5. I understand that the FlexPass card is valid for up to $65 per month on King County Metro vanpools only. I am responsible for the balance of the vanpool fare each month,payable to the vanpool bookkeeper, which is in excess of the $65 amount. I acknowledge the receipt of my FlexPass, and understand and agree to the terms stated above on using the FlexPass. Employee's Signature Date Employee's Printed Name FlexPass Serial # Employee's Department or Section Transportation Coordinator Use Only- FlexPass returned: Employee's Signature Date FlexPass Serial # FlexPass Agreement Page 8 of 10 City of Renton March 1,2006—February 28,2007 FlexPass Agreement Attachment C — Home Free Guarantee Home Free Guarantee(hereinafter,"HFG")is a KING COUNTY program that guarantees payment for taxi fares incurred by Eligible Employees who meet the eligible criteria,as set forth below,and taken in accordance with the terms set forth below. C.1 DEFINITIONS C.1.1 Approved Commute Modes Eligible Employees must have commuted from their principal residence or Park& Ride to the COMPANY's worksite by one of the following modes: Bus,carpool,vanpool,walk-on or bicycle-on ferry,bicycle,or walk. C.1.2 Eligible Reasons For Using HFG The following are the only eligible reasons for using HFG: a. Eligible Employee's or family member's unexpected illness or emergency. b. Unexpected schedule change such that the normal commute mode is not available for the return commute to the starting place of their commute. Unexpected means the employee learns of the schedule change that day. c. Missing the employee's normal return commute to the starting place of their commute for reasons,other than weather or acts of nature which are beyond the employee's control,and of which they had no prior knowledge. For example,the employee's carpool driver left work or worked late unexpectedly. C.1.3 Non-Eligible Reasons For Using HFG Reasons which are not eligible for HFG use include,but are not limited to,the following: a. Pre-scheduled medical or other appointments. b. To transport individuals who have incurred injury or illness related to their occupation. An HFG ride should NEVER be used where an ambulance is appropriate,nor should an HFG ride replace COMPANY's legal responsibility under workers' compensation laws and regulations. c. Other situations where,in the opinion of the COMPANY's Program Coordinator,alternate transportation could have been arranged ahead of time. C.1.4 Eligible Destinations For An HFG Ride a. From the COMPANY's worksite to the Eligible Employee's principal place of residence. b. From the COMPANY's worksite to the Eligible Employee's personal vehicle,e.g.vehicle located at a Park &Ride lot. c. From the COMPANY's worksite to the Eligible Employee's usual commute ferry terminal on the east side of Puget Sound. C.1.5 Intermediate Stops Intermediate stops are permitted only if they are of an emergency nature and are requested in advance by the Eligible Employee and are authorized in advance of the HFG ride by the COMPANY's Program Coordinator(i.e.pick up a necessary prescription at a pharmacy;pick up a sick child at school). C.2 COMPANY RESPONSIBILITIES C.2.1 HFG Program Payment COMPANY's payment for HFG services is accounted for in the base price of the FlexPass Agreement,as indicated in Attachment A. C.2.2 Program Coordinator COMPANY shall designate as many Program Coordinators as necessary to administer and perform the necessary HFG program tasks as set forth in this Attachment. C.2.3 Number Of HFG Rides Per Eligible Employee COMPANY shall ensure that each Eligible Employee does not exceed eight(8)HFG rides per twelve(12)month period. FlexPass Agreement Page 9 of 10 City of Renton March 1,2006—February 28,2007 FlexPass Agreement Attachment C — Home Free Guarantee (continued) C.3 HFG Program Tasks C.3.1 Process To access HFG rides,Eligible Employees shall contact the Program Coordinator. The Program Coordinator shall call directly an answering service provider,contracted for by KING COUNTY. The phone number shall be supplied to COMPANY by KING COUNTY. COMPANY agrees to make information about how to access HFG rides available to all Eligible Employees. Program Coordinator shall obtain the following information from the Eligible Employee,and provide the information to the answering service provider: a. Verify the Eligible Employee has commuted to the worksite by an eligible mode. b. Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride. c. Ensure the Eligible Employee has valid identification to show the taxi driver. d. Once an Eligible Employee takes the emergency taxi ride,obtain from the Eligible Employee a receipt of the taxi trip. e. COMPANY's Program Coordinator shall forward copies of such receipts to KING COUNTY at the end of each month for record keeping and accounting purposes. f. The answering service provider will arrange taxi rides for the Eligible Employee. C.4 KING COUNTY RESPONSIBILITIES C.4.1 Participating Taxi COMPANY(s) COMPANY agrees that neither KING COUNTY or answering service provider is responsible for providing transportation services under the HFG program. COMPANY further agrees that KING COUNTY makes no guarantee or warranty as to the availability,quality or reliability of taxi service,and that the KING COUNTY's sole obligation under the program is to make payment of the taxi provider for trips actually taken in accordance with the terms of this Agreement. COMPANY agrees it shall make no claims of any kind or bring any suits of any kind against the KING COUNTY for damages or injuries of any kind arising out of or in any way related to the HFG program. Without limiting the foregoing and by way of example only,the COMPANY agrees that KING COUNTY shall not be liable for any injuries or damages caused by negligence or intentional acts occurring before,during or after a taxi ride or for any injuries or damages caused by failure of a taxi to provide a ride due to negligence, intentional acts or causes beyond the taxi's control, including but not limited to incidence of fire,flood,snow, earthquake or other acts of nature,riots, insurrection,accident,order of any court or civil authority,and strikes or other labor actions. C.4.2 Payment Of Authorized HFG Taxi Fares KING COUNTY shall pay the metered fare amount of a COMPANY's Program Coordinator-authorized HFG ride, as defined in the DEFINITIONS section above,for a one-way distance of up to sixty(60)miles. COMPANY or Eligible Employee taking the HFG ride shall pay any fare for a one-way distance in excess of sixty(60)miles. KING COUNTY shall not pay any taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of COMPANY or the Eligible Employee taking the HFG ride. C.4.3 Reporting KING COUNTY shall keep a complete record of all authorized HFG ride requests on a semi-annual basis and provide a copy of this record to the designated COMPANY's Contact Person. C.4.4 Program Abuse KING COUNTY reserves the right to investigate and recover costs from the COMPANY of intentional abuse of the HFG program by Eligible Employees. Program abuse is defined as,but not limited to,taking trips for inappropriate reasons,unauthorized destinations and intermediate stops, and pre-scheduled appointments not defined in the DEFINITIONS section above. FlexPass Agreement Page 10 of 10 City of Renton March 1,2006—February 28,2007 1! CITY OF RENTON COUNCIL AGENDA BILL/ SAI#: 1. 1 Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division February 6, 2006 Staff Contact Dave Christensen, ext. 7212 Agenda Status Consent X Subject: Public Hearing.. Utility Systems Annual Consultant Roster for Contracts Correspondence.. in 2006 -2008 Ordinance Resolution Old Business Exhibits: New Business List of Annual Consultants on Shortlist(Attachment A) Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Utility Systems Division staff advertised for Statements of Qualifications (SOQs) for an Annual Consultant Roster to provide consulting services for the Utility Systems Division. Staff evaluated the SOQs and selected the consultants as listed on the shortlist(Attachment A) for placement on the Annual Consultant Roster. The roster will be valid for the period from February 2006 to February 2007,with the option of extending the roster annually in 2007 and 2008. As a need for engineering services arises,a standard City of Renton engineering services contract will be executed with the most qualified consultant on the roster. Contracts will be negotiated and executed in compliance with City Policy 250-02, Bidding and Contracting Requirements,and subsequent amendments to this policy, as approved by the Mayor and Council. STAFF RECOMMENDATION: Authorize inclusion of the list of consultants on Attachment A into the Annual Consultant Roster to be used for the year 2006 with the option of extending the roster annually in 2007 and 2008. H:\File Sys\USA-Utility Systems Division Administration\USA-12-Annual Consultant Agreement\USA-12-0014-Agenda Bill&Council Meeting Minutes\2006-2008 Consultant Roster\2006-2008 Consultant Roster Agenda Bill.doc\DMCtp ATTACHMENT A PLANNINGBUILDING/PUBLIC WORKS - UTILITY SYSTEMS DIVISION ANNUAL CONSULTANT ROSTER FOR 2006 -2008 Category A—General Utility Engineering Berryman &Henigar, Inc. Black & Veatch Corporation Brown and Caldwell CH2M Hill Gray& Osborne, Inc. HDR Engineering, Inc. Kennedy/Jenks Consultants PACE Engineers, Inc. RH2 Engineering, Inc. Roth Hill Engineering partners, LLC RW Beck Tetra Tech/KCM Category B—Hydraulics/Hydrology HDR Engineering, Inc Northwest Hydraulic Consultants, Inc. Parametrix RW Beck Tetra Tech/KCM Category C— Soils/Geotechnical GeoEngineers Golder Associates, Inc. Kleinfelder, Inc. Landau Associates Category D—Geohydrolgy CH2M Hill Golder Associates, Inc. Pacific Groundwater Group RH2 Engineering Category E—Plan Review Gray & Osborne, Inc. HDR Engineering, Inc KPFF Consulting Engineers PACE Engineers, Inc. Category F—Construction/Inspection Services Earth Consultants, Inc. Harris and Associates HDR Engineering, Inc Mayes Testing Engineering, Inc. Category G—Corrosion Control CH2M Hill HDR Engineering, Inc Norton Corrosion Limited Tinnea& Associates, LLC H:\File Sys\USA-Utility Systems Division Administration\USA-I2-Annual Consultant Agreement\USA-I2-0014-Agenda Bill& Council Meeting Minutes\2006-2008 Consultant Roster\2006 Consultant Roster Shortlist Attachment A.doc CITY OF RENTON COUNCIL AGENDA BILL A • I AI#: Submitting Data: Planning/Building/Public Works For Agenda of: February 6, 2006 Dept/Div/Board.. Utility Systems/Wastewater Utility Staff Contact John Hobson, x7279 Agenda Status Consent X Subject: Public Hearing.. Final Pay Estimate- CAG-05-001 Correspondence.. Sunset Sewer Interceptor Phase II Ordinance Contractor: Robison Construction Inc. (RCI) 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... $8,638.72 (final pay estimate) Transfer/Amendment Amount Budgeted $9,000.00 Revenue Generated Total Project Budget $2,600,000 (2005 Wastewater City Share Total Project.. Budget) SUMMARY OF ACTION: The project was awarded on February 14, 2005. Construction was started on May 12, 2005, and was completed on December 7, 2005. The original contract amount was $1,915,867.90 and the final contract amount is$1,887,592.26. STAFF RECOMMENDATION: Accept the project, approve the final pay estimate in the amount of$8,638.72, and release the retainage bond in the amount of$95,793.40 after 60 days, subject to the receipt of all required authorizations. H:\File Sys\WWP-WasteWater\WWP-27-3150 Sunset Interceptor Ph II\Contract\Agnbil_Final-Sunset2.docUHtp i TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: RCI CONTRACT NO. CAG-05-001 ESTIMATE NO. 8 (FINAL) PROJECT: Sunset Sewer Interceptor Phase II 1. CONTRACTOR EARNINGS THIS ESTIMATE $7,940.00 2. SALES TAX @ 8.80% $698.72 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $8,638.72 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $1,726,979.36 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $7,940.00 6. SUBTOTAL-CONTRACTOR PAYMENTS $1,734,919.36 10. SALES TAX PREVIOUSLY PAID $151,974.18 11. SALES TAX DUE THIS ESTIMATE $698.72 12. SUBTOTAL-SALES TAX $152,672.90 GRAND TOTAL: $1,887,592.26 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR(Lines 5 and 11): ACCOUNT # 421.000400.018.5960.0035.65.045000/45395/5354 8 (FINAL) $8,638.72 TOTAL THIS ESTIMATE: $8,638.72 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE 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 CLAIM Signed: ^ V �� /V' * The Contractor(RCI) has a retainage bond on file with the City Printed On:01/25/2006 City of Renton Public Works Department Page 1 I Printed On:01/25/2006 City of Renton Public Works,Department Page 1 Project: Sunset Sewer Interceptor Phase II Contract Number: CAG-05-001 Contractor:RCI Pay Estimate 8(FINAL) Closing Date- 12/31/2005 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount r 001. Mobilization&Demobilization Lump Sum 1 $86,000 00 1 00 $86,000 00 $0.00 1.00 $86,000 00 002. Trench Excavation Safety Systems Lump Sum 1 $1,500.00 LI 100 $1,500.00 $0.00 1.00 $1.50000 003 Construction Surveying,Staking,and As-Builts Lump Sum 1 $14,000.00 1 00 $14,000.00 $000 1 00 $14,000.00 004. Traffic Control Lump Sum 1 $132,000.00 1.00 $132,000.00 $0 00 100 $132,000 00 005. Temporary Erosion/Sedimentation Controls Lump Sum 1 $3,500 00 ! 1.00 $3,500.00 $0.00 1.00 $3.500 00 006. Landscape Restoration Lump Sum 1 $2,500.00 1.00 $2,500 00 $0 00 1 00 $2,500.00 007. Re-establish existing Monuments Each 9 $400.00 9.00 $3,600.00 $0 00 9.00 $3600 00 008. Televison Inspection of Sanitary Sewers Linear Foot 7285 $1.00 7285.00 $7,285.00 $0.00 7285.00 $7,285.00 009. 18"PVC Sewer Pipe Linear Foot 7285 $81.00 7285.00 $590,085.00 $0 00 7285.00 $590,085.00 010. 8"PVC Sewer Pipe Linear Foot 127 $77.00 145.00 $11,165.00 $0 00 145.00 $11,165.00 011. 6"PVC Side Sewer Pipe Linear Foot 1149 $100.00 939 00 $93,900 00 $0.00 939.00 $93,900 00 012. 60"Sanitary Sewer Manhole Each 33 $3,800.00 32.00 $121,600.00 $0.00 32.00 $121,600.00 013. 18"Drop Connection Each 1 $2,500.00 ' 1 00 $2,500.00 $0.00 1.00 $2,500 00 014. Connect New Sewer to Existing Sewer Facility Each 13 $1,200.00 10.00 $12,000.00 $0.00 10.00 $12,000.00 015. 12"CPEP Storm Pipe Linear Foot 30 $42.00 30.00 $1,260.00 $0.00 30.00 $1,260 00 016. Type I Catch Basin Each 1 $1,200.00 1.00 $1,200 00 $0.00 1 00 $1,200.00 017. Fill and Plug Existing Sanitary Sewer Linear Foot 5700 $4.00 2984.00 $11,936.00 $0.00 2984 00 $11,936.00 018. Abandon Existing Manhole Each 13 $300.00 17.00 $5,100 00 $0.00 17 00 $5,100 00 Removal and Replacement of Unsuitable Foundation 019. Material Ton 500 $45 00 0.00 $0.00 $0.00 0.00 $0.00 020 Select Imported Trench Backfill Ton 19500 $0 50 0.00 $0.00 $0.00 0.00 $0.00 021 Asphalt Patch Including CSTC Sq.Yard 9247 $37.00 6722.00 $248,714.00 $0 00 6722 00 $248,714 00 022. 2"Deep Asphalt Overlay Class'8' Sq.Yard 24400 $5.50 23331.00 $128,320 50 $0.00 23331.00 $128,320.50 023. Asphalt Grinding for Overlay Sq.Yard 3355 $4.00 ' 4193.00 $16,772.00 50 00 4193.00 $16,772.00 024. Replace Pavement Markings and Traffic Buttons Lump Sum 1 $10,000 00 1 00 $10,000.00 $0.00 1.00 $10,000 00 025. Remove and Replace Concrete Sidewalk and Driveway Sq.Yard 1250 $20.00 117.00 $2,340.00 397 00 $7,940.00 514 00 $10,280.00 026. Remove and Replace Concrete Curb and Gutter Linear Foot 410 $1500 307.00 $4,605.00 $0 00 307.00 $4,605.00 027. Remove and Replace Traffic Signal Loops Each 9 $1,200.00 14 00 $16,800.00 $0.00 14.00 $16,800.00 028. Remove and Replace Raise Traffic Island Sq.Yard 1404 $35.00 0.00 $0 00 $0.00 000 $0.00 029. Material on Hand 18"PVC Linear Foot 6695 $13.98 0.00 $0 00 $0 00 0.00 $0.00 Printed On:01/25/2006 City of Renton Public Works Department Page 2 Project: Sunset Sewer Interceptor Phase II Contract Number CAG-05-001 Contractor-RCI Pay Estimate 8(FINAL) Closing Date: 12/31/2005 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 030 Material on Hand 8"PVC Linear Foot 127 $2.77 0.00 $000 $0.00 0.00 $000 031. Material on Hand 6"PVC Linear Foot 1149 $1.54 0.00 $0.00 $0.00 000 $0.00 032. Material on Hand Inserta Tees Each 50 $51.06 0.00 $0 00 $000 000 $0.00 033. Material on Hand 60"Manholes Each 7 $2,250.00 0.00 $0.00 $000 000 $0.00 034. Material on Hand 24"CI MH Frame&Cover Each 23 $157.50 0.00 $0.00 $0.00 000 $000 035. Material on Hand SM50 Frame&Grate Each 1 $102.00 0.00 $000 $0.00 0.00 $000 036. Change Order#1 Extra Work Items Lump Sum 1 $75,571.27 1.00 $75,571.27 $000 1.00 $75,571.27 Change Order#1 Repair and Sealing of Traffic Island Sta 037. 25+75 to 31+00 Lump Sum 1 $31,968.53 1.00 $31,968.53 $0.00 100 $31,968.53 038. Change Order#2 Extra Asphalt Grinding for Overlay Sq.Yard 2974 $10 87 2973.67 $32,323.79 $0.00 2973 67 $32,323 79 039. Change Order#3 Extra Work Items Lump Sum 1 $52,825.63 1.00 $52,825.63 $0.00 1.00 $52,825.63 040. Change Order#4 Extra Work Items Lump Sum 1 $5,607.64 1.00 $5,607.64 $0 00 100 $5,607 64 Subtotal Schedule A $1,726,979.36 $7,940.00 $1,734,919.36 8.8%Sales Tax $151,974.18 $698.72 $152,672.90 TT Total $1,878,953.54 $8,638.72 $1,887,592.26 Y 11111 4 is") 1•l'''') Al _ sTnre o4, State of Washington Reg.No.:UBI 600 260 353 o4 Department of Revenue w � " Audit Procedures&Administration Date: PO Box 47474 188 9 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 Sunset Sewer Interceptor Phase II Contractor's Name Robison Construction, Inc. (RCI) Telephone No. (253) 863-5200 Contractor's Address PO Box 1730 , Sumner, WA 98390 Date Work Commenced Date Work Completed Date Work Accepted May 12, 2005 December 7, 2005 February 6, 2006 Surety or Bonding Co. Zurich American Insurance Company Agent's Address Willis of Seattle, 505 Fifth Ave. S., Ste. 200, Seattle, WA 98104 Contract Amount: $1,760,908.00 Amount Disbursed: $1,887,592.26 Additions or Reductions: ($25,988.64) Amount Retained: Retainage Bond held by City of Renton Sales Tax: $152,672.90 Total: $1,887,592.26 Total $1,887,592.26 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) H:W aste.wtr/W WP-27-3150/notcmplt-sunset2.doc/JDH CITY OF RENTON COUNCIL AGENDA BILL AI#: Ce ' Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP February 6,2006 Staff Contact Alex Pietsch(x6592) Agenda Status Consent X Subject: Public Hearing.. Renton Community Marketing Campaign Contract Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Study Sessions January 9, 2006 Council meeting minutes,page 8 Information Recommended Action: Approvals: Council concur. Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... $132,500 Transfer/Amendment $12,500(see summary) Amount Budgeted $120,000 Revenue Generated $50,000 Total Project Budget $132,500 City Share Total Project.. $82,500 SUMMARY OF ACTION: On January 9, 2006, Council allocated$62,500 of Lodging Tax collections to the Renton Community Marketing Campaign and authorized the Mayor to sign a contract with Hamilton/Saunderson to provide coordination of the Campaign's 2006 work plan. In addition to the $62,500, Campaign expenses will be covered by$50,000 in contributions from the Stakeholder organizations as well as $20,000 from EDNSP's "Business Recruitment" line item. Therefore, instead of the $112,500 contract authorized by the Council on January 9, 2006, a contract totaling $132,500 is required. Approval of this contract will necessitate an amendment to the 2006 Budget. Staff will include such an amendment at the next available opportunity. Also, on January 9, 2006, Council authorized an RFP for production of a video as part of the Renton Community Marketing Campaign. Such video, to be paid from Lodging Tax collection allocation, will be contracted separately. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign a contract with Hamilton/Saunderson for the Renton Community Marketing Campaign in an amount not to exceed$132,500. Rentonnetlagnbill/ bh January 9,2006 Renton City Council Minutes Page 8 Vacation: NE 4th St, City of City Clerk recommended adoption of an ordinance finalizing the City of Renton Renton,VAC-04-006 vacation(on behalf of Bales Limited Partnership)of a portion of NE 4th St., east of Rosario Ave.NE, as all conditions of the vacation approval have been satisfied. Council concur. (See page 11 for ordinance.) CAG: 05-185,Burnett Linear City Clerk reported bid opening on 12/7/2005 for CAG-05-185, Burnett Linear Park Play Area Renovation, Park Play Area Renovation; 12 bids; engineer's estimate$50,000-$60,000; and TF Sahli Construction submitted staff recommendation to award the contract to the low bidder,T.F. Sahli Construction, in the amount of$57,664. Council concur. Finance: 2004 State of City Clerk submitted the 2004 Washington State Auditor's Office Report for the Washington Audit Report City of Renton for the period of January 1 through December 31, 2004. Information. Vacation: Jericho Ave SE, City Clerk submitted petition for street vacation for portion of Jericho Ave. SE, Romano, VAC-05-005 south of NE 4th St.; petitioner Mike Romano, Centurion Development Services, 22617 8th Dr. SE, Bothell, 98021. Refer to Planning/Building/Public Works Administrator; set public hearing on 2/6/2006. (See page 11 for resolution.) City Clerk: 2005 General City Clerk submitted the 2005 General Election canvass results from King Election Canvass Results County Records and Elections, as follows: Council Position No. 1,Randy Corman(8,999-elected); Council Position No. 2,Dan Clawson(7,089 - elected)and Brett Kappenman (3,190); Council Position No. 6,Terri Briere (8,480-elected); Municipal Court Judge,Terry L. Jurado(5,364 -elected)and Russ Wilson(5,132). Information. Community Services: Museum Community Services Department recommended approval of a museum Management,Renton management agreement with the Renton Historical Society. Refer to Historical Society Community Services Committee. Community Services: Museum Community Services Department requested approval to equally share the Supervisor Position transportation costs with the Renton Historical Society to bring three out-of- Candidates Travel Costs state Museum Supervisor position candidates to Renton for a second round of interviews. City's cost share is $1,000. Council concur. Development Services: Sunset Development Services Division recommended acceptance of a deed of Crest Short Plat, ROW dedication for additional right-of-way in the vicinity of NE 19th St. and Queen Dedication,NE 19th St Ave. NE to fulfill a requirement of the Sunset Crest Short Plat(SHP-04-119). Council concur. EDNSP: Lodging Tax Economic Development, Neighborhoods and Strategic Planning Department Collections to Renton Visitors recommended approval of the Renton Lodging Tax Advisory Committee Connection, Chamber of recommendation to allocate $119,500 of lodging tax collections to the Renton Commerce Contract Visitors Connection for its 2006 tourism marketing efforts. Approval was also sought to execute a contract with the Greater Renton Chamber of Commerce for management of the tourism promotion campaign not to exceed the $119,500. Council concur. EDNSP: Lodging Tax Economic Development,Neighborhoods and Strategic Planning Department Collections to Community recommended approval of the Renton Lodging Tax Advisory Committee Marketing Campaign, recommendation to allocate lodging tax collections as follows: $62,500 for an Hamilton/Saunderson Contract eighth year of the Renton Community Marketing Campaign, and$50,000 to produce a Renton marketing video. Approval was also sought for the contract with Hamilton/Saunderson Marketing Partnership not to exceed $112,500 to administer the campaign, and for the issuance of a request for proposals for video production firms. Council concur. i�cll: CgL TRANSPORTATION/AVIATION COMMITTEE Date 0/4- 02004 COMMITTEE REPORT February 6,2006 SR-169 Classification as Highway of Statewide Significance (Referred December 8, 2003) SR-169 was not included in the current list of Highways of Statewide Significance that was created in 2004. Since this issue may not be reconsidered for another five years,the Transportation Committee recommends that this matter be removed from the committee's referral list. Marcie Palmer, Chair niA `'Don rersson, Vice-Chair Terri Briere, Member cc: Gregg Zimmerman AF 'MOVED BY 1 C TV COUNCIL ' TRANSPORTATION/AVIATION COMMITTEE Data a-4.-A006 COMMITTEE REPORT February 6,2006 NE Sunset Boulevard(SR 900)/Duvall Avenue NE Intersection Improvements Project, CAG-05-165 (January 23, 2006) The Transportation(Aviation) Committee recommends concurrence in the staff recommendation to 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. The Committee further recommends the transfer of$1,528,369 from Fund 317 year-end 2005 fund balance to this project. 'i1CCI{,f tL 14tdi( 14 Marcie Palmer, Chair Don Persson, Vice-Chair _1 . euti Terri Briere, Member cc: James Wilhoit,Project Manager Connie Brundage,Transportation Secretary APPR OYlm0 BY C COUNCIL PUBLIC SAFETY COMMITTEE of-.4-,200( COMMITTEE REPORT Date February 6, 2006 Ordinance on Criminal Penalties, Civil Penalties and Nuisances (Referred January 23,2006) The ordinance on criminal penalties, civil penalties, and nuisances was substantially reworked to streamline the ordinance, remove outdated sections and acknowledge the shift from civil penalties to criminal penalties, necessitated by the court's high standing to obtain search warrants. The code enforcement section made a number of suggestions to make enforcement easier and to provide code language to more easily resolve some common complaints. Finally, a section was added to the noise ordinance dealing with the citizens' complaints about extremely loud noise. The Public Safety Committee recommends that the Council adopt the ordinance on criminal penalties, civil penalties, and nuisances. i A4,1 _____ ' (,) Denis W. Law, Chair Toni Nelson, Vice .it Don Persson, Member C: Larry Warren kr:MOVED BY UTILITIES COMMITTEE Crrit COUNCIL COMMITTEE REPORT Date 61-6-X406 February 6, 2006 Springbrook Creek Wetland and Habitat Mitigation Bank Agreements Concurrence Letter (January 23, 2006) The Utilities Committee recommends concurrence in the staff recommendation to approve the Concurrence Letter for the following draft agreements associated with the City of Renton/Washington State Department of Transportation(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 The Committee further recommends that the Mayor sign the Concurrence Letter for the pending agreements associated with the City of Renton/WSDOT Springbrook Creek Wetland and Habitat Mitigation Bank. CID 41,,N Dan Clawson, Chair i Terri Bri; e, Vice Chair 41,0--- enis W. Law, Member • cc: Lys Hornsby,Utility Systems Director Ron Straka,Surface Water Utility Engineering Supervisor A P OVER BY art COUNCIL COMMUNITY SERVICES � �. X06 COMMITTEE REPORT Date , February 6, 2006 Museum Management Agreement (Referred January 9, 2006) The Community Services Committee recommends concurrence in the staff recommendation to approve a ten-year museum management agreement, with an option for an additional ten years, with the Renton Historical Society. The Committee further recommends that the Mayor and City Clerk be authorized to sign the agreement. (-z:��ALJ Toni Nelson, Chair Ya-A741L Marcie Palmer, Vice Chair Dan Clawson, Member C: Dennis Culp /74/ed: Z-6-2606 CITY OF RENTON, WASHINGTON RESOLUTION NO. 371? A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH VALLEY COMMUNICATIONS ENTITLED "CUSTOM XML INTERFACE AGREEMENT." WHEREAS, RCW 39.34.080 authorizes the City of Renton to enter into an interlocal agreement with other public agencies; and WHEREAS, the City of Renton has developed and implemented a software code, the custom XML Interface (Interface), that delivers closed computer aided dispatch incident data for fire and police to internal systems; and WHEREAS, the Interface was developed using XML because XML is an industry standard that is relatively inexpensive to code, is highly reliable, and requires little maintenance; and WHEREAS, the City of Renton expended the approximate cost of$24,600 to create the Interface; and WHEREAS, the City of Renton elects to transfer ownership of this Interface to Valley Communications (Valley Corn) so that Valley Com can share the Interface with other agencies subject to the rights and obligations contained in the agreement; and WHEREAS, the agreement improves interagency communications and provides for recovery of the City's investment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: 1 RESOLUTION NO. SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Valley Communications entitled"Custom XML Interface Agreement." 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.1153:2/1/06:ma 2 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. 2 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. 3 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 4 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 6 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 7 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 8 ORDINANCE NO. (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 9 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 10 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. 11 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. 13 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; 14 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; 15 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; 16 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, 17 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.G.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; 18 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