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Council 06/05/2006
f AGENDA RENTON CITY COUNCIL REGULAR MEETING June 5,2006 Monday, 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PUBLIC HEARINGS: a. Hudson Annexation - 60%Petition to Annex and future zoning for 13.69 acres located in the vicinity of Benson Rd. S. and SE 168th St. b. Perkins Annexation - 60%Petition to Annex and future zoning for 15.47 acres located south of SE 95th Pl. and east of 128th Ave. SE, if extended c. Extension of moratorium on sewer availabilities for new subdivisions in the East Renton Plateau Potential Annexation Area 4. ADMINISTRATIVE REPORT 5. 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. 6. 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 5/8/2006. Council concur. b. Approval of Council meeting minutes of 5/15/2006. Council concur. c. Approval of Council meeting minutes of 5/22/2006. Council concur. d. Mayor Keolker reappoints the following individuals to the Airport Advisory Committee: Marleen Mandt, Colleen Ann Deal,Michael O'Halloran, Jennifer Ann Rutkowski, Beverly Freer, Robert Moran, Roger Lewis, Michael Schultz, Kurt Boswell, Michael Rice, Greg Gamer,Diane Paholke, Michael Rogan, Kenneth Whitfield, Jan Fedor, Jeffrey Davis, and Karen Stemwell. Council concur. e. City Clerk submits petition for street vacation for portion of N. 38th St.,between Meadow Ave. N. and 1-405 (VAC-06-002);petitioner James G. Tasca, 14806 SE Jones Pl., Renton, 98058. Refer to Planning/Building/Public Works Administrator; set public hearing on 6/26/2006 to consider the petition. (See 9.b. for resolution setting public hearing.) f. Community Services Department recommends approval of an amendment to the lease with Engenio Information Technologies,Inc. (LAG-00-002) for the 3rd floor of the 200 Mill Building to extend the lease for an additional year. Refer to Finance Committee. g. Development Services Division recommends approval of the temporary closure of Hoquiam Ave. NE(NE 7th Pl. to NE 9th St.)for three to five days,June 26 to June 30, 2006, for Wedgewood Lane Division II plat-related construction. Refer to Transportation(Aviation) Committee. h. Development Services Division recommends approval,with conditions, of the Parkside Final Plat; 15 single-family lots on 2.76 acres located at Blaine Ave. NE and NE 24th St. (r'P-06-047). Council concur. (See 9.c. for resolution.) (CONTINUED ON REVERSE SIDE) i. Economic Development, Neighborhoods and Strategic Planning Department recommends approval to fund three projects and three newsletters totaling$12,769 through its 2006 Neighborhood Grant Program, and approval to conduct a second round of funding with a deadline of 9/29/2006. Refer to Community Services Committee. j. Economic Development,Neighborhoods and Strategic Planning Department submits proposed 2006 Comprehensive Plan amendments. Refer to Planning and Development Committee and Planning Commission. k. Finance and Information Services Department recommends approval of an interlocal agreement with eastside agencies regarding sharing of fiber optic installation projects. Council concur. (See 9.d. for resolution.) 1. Planning/Building/Public Works Department recommends approval for a one-year extension(to 6/6/2007)of the preliminary approval for the Merrill Gardens @ Renton Centre latecomer agreement request. Council concur. m. Planning/Building/Public Works Department recommends approval for a one-year extension(to 6/6/2007)of the preliminary approval for the Liberty Grove latecomer agreement request. Council concur. n. Transportation Systems Division recommends approval of a lease with AirO, Inc. for portion of the 790 building and 17 adjacent parking stalls at,the Airport,to expire 11/1/2013. Annual revenue is$25,116. Refer to Transportation(Aviation) Committee. o. Transportation Systems Division recommends approval of Addendum#21 to LAG-65-877, Airport lease with The Boeing Company, which completes the leased area turnback, allows modification of the fire water system, and other provisions. Refer to Transportation(Aviation) Committee. p. Utility Systems Division recommends approval of Addendum No. 3 to CAG-03-102, contract with Roth Hill Engineering Partners, LLC, for additional work in the amount of$48,200 and time • extension to 12/31/2006 for the sanitary sewer model development and inflow and infiltration program project. Council concur. 7. CORRESPONDENCE a. Letter from Fred Crothamel (owner and manager of Highlands area properties), 2951 74th Ave. SE, Mercer Island, 98040, stating that to prevent a determination of blight,he is prepared to tear down his duplexes and triplexes and replace them with properties acceptable to the City's vision for the Highlands area. b. Letter from City of Bothell's Mayor,Deputy Mayor, Councilmembers, and Police Chief, 18305 101st Ave. NE,Bothell, 98011, asking Renton to support legislation that maintains or increases the level of narcotics enforcement, and enhances penalties for the crime of identity theft. 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: Human Services Funding Criteria b. Finance Committee: Investment Policy; 2006 Budget Amendment for Infrastructure Improvements Regarding the Landing*; 2006 Budget Appropriation Amendments for New Programs&Projects* c. Transportation(Aviation) Committee: S. 3rd St. at Shattuck Ave. S. WSDOT State Pedestrian& Bicycle Safety Program Grant*; South Lake Washington Improvements Design Agreement Supplement with W&H Pacific 9. RESOLUTIONS AND ORDINANCES Resolutions: a. Establishing facts, extending a moratorium on sewer availability for new subdivisions within the East Renton Plateau Potential Annexation Area, and establishing a termination date(see 3.c.) b. Setting public hearing on 6/26/2006 for Tasca vacation petition(see 6.e.) c. Parkside Final Plat(see 6.h.) d. Interlocal agreement for fiber optic installation projects(see 6.k.) e. WSDOT grant for S. 3rd St. at Shattuck Ave. S. (see 8.c.) (CONTINUED ON NEXT PAGE) N Ordinances for first reading: a. Creating fund for South Lake Washington Infrastructure Improvements Project(see 8.b.) b. 2006 Budget amendments for new programs and projects(see 8.b.) Ordinance for second and final reading: Billing adjustments for water leaks (1st reading 5/22/2006) 10. NEW BUSINESS(Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT NMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) CANCELLED ‘ro • Hearing assistance devices for use in the Council Chambers are available upon request to the CityClerk • P �l 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 June 5, 2006 Council Chambers Monday, 7:00 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Pro Tem Randy Corman called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF Mayor Pro Tem RANDY CORMAN; DON PERSSON; MARCIE PALMER; COUNCILMEMBERS TERRI BRIERE; DENIS LAW; DAN CLAWSON; TOM NELSON,Council President Pro Tem. CITY STAFF IN LINDA HERZOG, Interim Assistant to the CAO; LAWRENCE J. WARREN, ATTENDANCE City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; ALEX PIETSCH, Economic Development Administrator; REBECCA LIND, Planning Manager; BEN WOLTERS, Economic Development Director; MICHAEL BAILEY,Finance and Information Services Administrator; DON ERICKSON, Senior Planner; COMMANDER FLOYD ELDRIDGE, Police Department. 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 first"Catch a Special Thrill" Charity Bass Tournament was held June 3rd and 4th at Gene Coulon Memorial Beach Park. The event was hosted by the C.A.S.T. for Kids Foundation, and all proceeds go toward providing a chance for disabled and disadvantaged children to go fishing for a day at events sponsored by the foundation. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Annexation: Hudson, Benson accordance with local and State laws, Mayor Pro Tern Corman opened the Rd S & SE 168th St public hearing to consider the 60%Petition to Annex and future zoning for the proposed Hudson Annexation; 14.6 acres(including streets) located in the vicinity of SE 168th St. and Benson Rd. S. Senior Planner Don Erickson stated that the site contains 19 single-family homes, 152 multi-family units, and at least one vacant parcel. The western portion of the site is relatively flat, and the eastern portion slopes towards Soos Creek. He noted that staff recommends the use of King County's 2005 Surface Water Design Manual standards, or greater, at the time of development. Mr. Erickson indicated that the site is within Fire District#40, Soos Creek Water and Sewer District, and the Renton School District. Continuing, Mr. Erickson stated that the site is currently zoned R-8 (eight dwelling units per gross acre),R-12, and R-18 in King County. Renton's Comprehensive Plan designates the area as Residential Single Family and Residential Medium Density, for which R-8 (eight dwelling units per net acre) and R-10 zoning is proposed. He pointed out that staff will conduct a more detailed analysis of the area's land use designations in the near future to reflect some of the current uses. Mr. Erickson noted that the fiscal impact analysis indicates a deficit of$52,349 at full development due to the area already being significantly developed, and an estimated one-time parks acquisition and development cost of$138,108. June 5,2006 Renton City Council Minutes Page 179 Concluding, Mr. Erickson reported that the proposed annexation is generally consistent with City policies and relevant Boundary Review Board objectives. He indicated that surface water costs are estimated at$3,258 annually, and the City will be responsible for the cost of a traffic signal and other improvements at the intersection of 108th Ave. SE and SE 168th St. Responding to Councilman Clawson's inquiries, Mr. Erickson stated that the multi-family housing consists of garden apartments and fourplexes. He explained that signers of the petition agree to future zoning consistent with the Comprehensive Plan; however, that does not preclude the City from revising the Comprehensive Plan to better reflect the character of the area. Mr. Erickson confirmed that the apartments will become legal non-conforming uses, and that the fiscal impact is a share of all of the City's costs. Public comment was invited. Mrs. Ralph Shafar, 1709 SE 29th St., Renton, 98055, indicated her support for the annexation as it will provide City boundary continuity. Inez Petersen, 3306 Lake Washington Blvd. N., #3,Renton, 98056, objected to having to provide her personal information, claiming that it violates RCW 42.30.040. Noting the Highlands area redevelopment zoning proposal, she cautioned citizens to beware of Comprehensive Plan amendments. Kristen Harris, 10945 SE 168th St., Renton, 98058, stated that she was a member of the Renton Chamber of Commerce board of directors, and is impressed with how Renton conducts itself as a City and as a business. Ms. Harris voiced her favor for the annexation, saying she supports the squaring off of the boundaries, and Renton's quicker emergency response times. Additionally, she noted that King County encourages annexation of unincorporated areas to local governments. Greg Boldt, 16801 108th Ave. SE,Renton, 98055, stated that he initially supported the annexation, but now has concerns regarding the zoning. Pointing out that R-8 zoning is proposed for his R-12-zoned property, he expressed concern regarding what he can do with his property prior to the City's future evaluation of the area's zoning, and concern that his property will initially lose value. Mr. Erickson noted the discrepancy between current King County zoning and Renton zoning based upon its Comprehensive Plan. Planning Manager Rebecca Lind stated that the City will be reviewing Comprehensive Plan policy for the entire Soos Creek area. She indicated that any person can apply for a Comprehensive Plan amendment. Dr. Richard Quinn, 16655 108th Ave. SE, 98055, expressed concern about traffic safety issues at SE 168th St. and Benson Rd. S., and encouraged the City to pursue improvements and traffic signal installation at that intersection as soon as possible. Dr. Quinn also expressed concern about water drainage issues. Voicing his support for the annexation, he pointed out that Renton responds faster to emergencies than King County. In response to Dr. Quinn's question regarding the zoning of neighborhood businesses, Ms. Lind stated that they will become legal non-conforming. In response to Councilman Clawson's inquiry, City Attorney Larry Warren explained that State law does not require anyone to sign up or identify themselves to attend a public meeting. He stated that Robert's Rules of Order June 5,2006 Renton City Council Minutes Page 180 governs how meetings will be conducted, and it indicates that the body may adopt rules of conduct and decorum for its meetings. Mr. Warren pointed out that Council Policy#800-06,Rules of Debate,Decorum, Voting Requirements and Procedures,requires speakers addressing the Council to state their name and address for the record. Mr. Warren confirmed that citizens do not need to provide a name and address as a precondition for attending the meeting. There being no further public comment, it was MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL: ACCEPT THE HUDSON 60% DIRECT PETITION TO ANNEX; CONSIDER R-8 ZONING FOR THOSE PORTIONS DESIGNATED RESIDENTIAL SINGLE FAMILY AND R-10 ZONING FOR THOSE PORTIONS DESIGNATED RESIDENTIAL MEDIUM DENSITY; AND AUTHORIZE THE ADMINISTRATION TO SUBMIT THE NOTICE OF INTENT PACKAGE TO THE BOUNDARY REVIEW BOARD, INVOKE JURISDICTION AT THE BOUNDARY REVIEW BOARD FOR CONSIDERATION OF EXPANDING THE ANNEXATION, AND PREPARE THE NECESSARY ANNEXATION ORDINANCES. CARRIED. Annexation: Perkins, SE 95th This being the date set and proper notices having been posted and published in P1& 128th Ave SE accordance with local and State laws,Mayor Pro Tem Corman opened the public hearing to consider the 60%Petition to Annex and R-4 zoning for the proposed Perkins Annexation; 15.47 acres(including the abutting street right- of-way) generally bounded by Union Ave. NE on the east, SE 95th Way, if extended, on the north, SE 96th St., if extended, on the south, and 128th Ave. SE, if extended, on the west. Senior Planner Don Erickson reported that three single-family dwellings exist on the site, which slopes to the north with a 65-foot elevation change between the northern and southern boundaries. The site is served by Fire District#25, Renton water and sewer, and the Renton School District. Mr. Erickson relayed that the Planning/Building/Public Works Department recommends the use of King County's 2005 Surface Water Design Manual standards at the time of development, and notes that surface water mitigation costs are estimated at $4,040 per year. The Parks Division notes a deficiency of developed recreational opportunities in the area, and estimates a one-time park development fee of$15,213. Mr. Erickson explained that current King County zoning for the area is R-4 (four dwelling units per gross acre), and Renton's Comprehensive Plan designates the area as Residential Low Density, for which R-4 (four dwelling units per net acre)zoning is probable. He noted that clustered development is permitted. Mr. Erickson stated that the fiscal impact analysis indicates a surplus of$11,403 at full development. In conclusion, Mr. Erickson reported that the annexation proposal is generally consistent with City policies and Boundary Review Board(BRB)criteria. In addition to acceptance of the petition and submittal of the annexation to the BRB,Mr. Erickson indicated that staff recommends invocation of the BRB's jurisdiction to expand the annexation boundaries to the south to include Sierra Heights Elementary School. Aserimoromv • June 5,2006 Renton City Council Minutes Page 181 Economic Development Administrator Alex Pietsch suggested that the invocation of the BRB's jurisdiction not be limited to include only the school, but allow expansion of the annexation area's boundaries generally. Council discussion ensued regarding a general annexation boundary expansion, the notification of affected parties, the BRB's public hearing process, and the possibility of referring the topic of the boundary expansion to the Planning and Development Committee. Public comment was invited. Inez Petersen, 3306 Lake Washington Blvd. N., #3, Renton, 98056,noted that City policy does not outrank State law. She indicated that affected parties' property taxes may increase as a result of being annexed, and that properties may become legal non-conforming. Dan McFarling, 9636 132nd Ave SW,Renton, 98056,pointed out that he owns one of the three houses in the annexation area. He expressed his opposition to the annexation,saying that he does not want to be a part of the City of Renton. There being no further public comment, it was MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ACCEPT THE PERKINS 60% DIRECT PETITION TO ANNEX, AND AUTHORIZE THE ADMINISTRATION TO SUBMIT THE NOTICE OF INTENT PACKAGE TO THE BOUNDARY REVIEW BOARD,INVOKE THE BOUNDARY REVIEW BOARD'S JURISDICTION TO CONSIDER EXPANDING THIS ANNEXATION,AND PREPARE THE NECESSARY ORDINANCES FOR POSSIBLE ANNEXATION AND FUTURE R-4 ZONING. CARRIED. Utility: Sewer Moratorium in This being the date set and proper notices having been posted and published in East Renton Plateau PAA accordance with local and State laws, Mayor Pro Tern Corman opened the public hearing to consider extending the moratorium on sewer availabilities for new subdivisions within the East Renton Plateau Potential Annexation Area (PAA) for an additional six months. The current moratorium expires 6/5/2006. Planning Manager Rebecca Lind explained that the moratorium was enacted in June 2005 in response to a citizens group, Citizens'Alliance for a Responsible Evendell(CARE). The moratorium prevents the issuance of sewer availabilities that allow property owners to vest for development under King County standards. She pointed out that CARE submitted its annexation petition to the City in November 2005. Ms. Lind stated that since the last moratorium extension in December 2005,the Boundary Review Board(BRB)has scheduled the issue for a public hearing on June 14th and 15th. She noted that five to six property owners have been in informal discussions with sewer utility staff regarding sewer service applications. Continuing, Ms. Lind explained that the boundary designated by the annexation petition does not include the entire PAA. However, staff recommends that the moratorium continue to cover the entire East Renton Plateau PAA because some property owners outside the petition boundary may want to be added. Additionally, the BRB has the authority to modify the annexation area by five percent of its proposed acreage, and there is no indication which areas may be June 5,2006 Renton City Council Minutes Page 182 either included or excluded. Ms. Lind reviewed the differences between the Renton and King County development standards for the area, noting that Renton does not allow multi-family uses. Ms. Lind reported that once the BRB makes its decision, King County will set the annexation election date within 30 days. She noted that the earliest possible election date is November 2006 or in early 2007. In conclusion, she stated that staff recommends that Council extend the existing sewer moratorium for an additional six months. Councilman Persson said he sympathizes with developers who are willing to develop to Renton standards,but cannot do so under King County regulations. He suggested that Council send a letter to the King County Council in efforts to resolve the development issues. Economic Development Administrator Pietsch indicated that the Administration has had extensive discussions with King County about the need for an interlocal agreement that addresses these issues. He noted that even if King County were willing to enter into an interlocal agreement, the agreement process may take longer than this particular annexation process. However,Mr. Pietsch pointed out that an interlocal agreement that covers Renton's entire PAA is needed; therefore, a letter from Council would be helpful. Public comment was invited. Gwendolyn High, President of CARE, 13405 158th Ave. SE, Renton, 98059, indicated that although CARE is doing everything it can to more forward with the annexation, the process is at a standstill until the BRB holds its public hearing. She encouraged the City to keep pursuing the interlocal agreement with King County,pointing out that CARE has also been working on this matter as a parallel effort. Ms. High urged Council to extend the moratorium. Garrett Huffman, South King County Manager of the Master Builders Association of King and Snohomish Counties, 335 116th Ave. SE, Bellevue, 98004, voiced his objection to the sewer moratorium extension. He emphasized that affected parties are frustrated with not being able to develop in the area, and he recommended letting the moratorium lapse so they can move forward with their projects. Inez Petersen, 3306 Lake Washington Blvd. N., #3, Renton, 98056, objected to having to provide her personal information. She pointed out that the City is involved with too many projects, and recommended that the City pull back and concentrate on just a few. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 189 for resolution.) AUDIENCE COMMENT Fred Crothamel, 2951 74th Ave. SE, Mercer Island, 98040, indicated that he Citizen Comment: Crothamel - submitted a letter regarding the Highlands area redevelopment, which is listed Highlands Area on the Council meeting agenda under Correspondence. Mr. Crothamel stated Redevelopment that he has initiated arrangements with a developer, and is waiting for the rezoning to take place and the moratorium to end so that he can carry out the City's vision for the Highlands area. He asked the City not to consider the use of eminent domain. tow June 5,2006 Renton City Council Minutes Page 183 Mayor Pro Tem Corman expressed his belief that the City intends to complete the work on the rezone and lift the moratorium. He said at this point,the Council has expressed that it probably is not going forward with eminent domain. Councilman Clawson countered that without eminent domain,property owners would be in a position to charge whatever they want for right-of-way, for example, if it were needed by the City or the State to expand a road. He noted that the City has not yet decided whether it will acquire properties for development, and stressed that the use of eminent domain is a last resort. Citizen Comment: Petersen- Inez Petersen, 3306 Lake Washington Blvd. N., #3,Renton, 98056, expressed Highlands Area concern regarding the City's potential use of eminent domain, saying that if a Redevelopment declaration of blight is adopted for the Highlands area, eminent domain becomes a tool. She emphasized that she not want that tool to be used. Councilman Clawson pointed out that if not for eminent domain, I-405 and the Seattle-Tacoma International Airport would not exist. He stressed that the City has no intention of taking land for private use, which is prohibited by law. Mr. Clawson indicated that the City is considering the assemblage of properties for the purpose of preserving affordable housing and improving the housing stock in the Highlands area, which is a public purpose. He stated that property would not be acquired without just compensation and without going through the proper process. Mr. Clawson expressed his hope that the City would never have to condemn anyone's property. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 5/8/2006. Council concur. 5/8/2006 Council Meeting Minutes of Approval of Council meeting minutes of 5/15/2006. Council concur. 5/15/2006 Council Meeting Minutes of Approval of Council meeting minutes of 5/22/2006. Council concur. 5/22/2006 Appointment: Airport Mayor Keolker reappointed the following individuals to the Airport Advisory Advisory Committee Committee: Kennydale neighborhood primary representative Marleen Mandt, 1408 N. 26th St.,Renton, 98056 (term expires 5/7/2009); Kennydale neighborhood alternate representative Colleen Ann Deal, 1415 N. 35th St., Renton, 98056(term expires 5/7/2009); Highlands neighborhood primary representative Michael O'Halloran,4420 SE 4th St.,Renton,98059(term expires 5/7/2007); Talbot Hill neighborhood primary representative Jennifer Ann Rutkowski, 515 S.47th St., Renton, 98055 (term expires 5/7/2008);Talbot Hill neighborhood alternate representative Beverly Freer, 1300 S. Puget Sound Dr., Apt. 231, Renton, 98055 (term expires 5/7/2008); South Renton neighborhood primary representative Robert Moran,425 Wells Ave. S., Renton, 98055 (term expires 5/7/2008); West Hill neighborhood primary representative Roger Lewis, 415 Seneca Ave. SW, Renton, 98055 (term expires 5/7/2009); Renton Hill/Monterey Terrace neighborhood primary representative Michael Schultz, 150 Monterey Dr.NE, Renton, 98056 (term expires 5/7/2007); Airport Leaseholders primary representative Michael Rice, Aerodyne LLC, 300 Airport Way, Suite 100, Renton, 98055 (term expires 5/7/2008); Airport Leaseholders alternate representative Kurt Boswell, June 5,2006 Renton City Council Minutes Page 184 Bosair, LLC, 289 E. Perimeter Rd., Renton, 98055 (term expires 5/7/2008); Airport-at-Large primary representatives Greg Garner, 1209 Lincoln Pl. NE, Renton, 98056 (term expires 5/7/2009) and Diane Paholke, 325 Edmonds Ave. SE, Renton, 98056(term expires 5/7/2007); Airport-at-Large alternate representatives Michael Rogan, 2055 Killarney Way, Bellevue, 98004(term expires 5/7/2009) and Kenneth Whitfield, 15125 SE 145th Pl., Renton, 98059 (term expires 5/7/2007); The Boeing Company representative Jan Fedor, 1245 Sunrise Pl. SE, Issaquah, 98027 (term expires 5/7/2008); Aircraft Owners and Pilots Association primary representative Jeffrey Davis, 10012 64th Ave. S., Seattle, 98176(term expires 5/7/2009); and Aircraft Owners and Pilots Association alternate representative Karen Stemwell,PO Box 3365,Renton, 98056 (term expires 5/7/2009). Council concur. Vacation: N 38th St, Tasca, City Clerk submitted petition for street vacation for portion of N. 38th St., VAC-06-002 between Meadow Ave. N. and I-405; petitioner James G. Tasca, 14806 SE Jones Pl.,Renton, 98058. Refer to Planning/Building/Public Works Administrator; set public hearing on 6/26/2006 to consider the petition. (See page 189 for resolution setting public hearing.) Lease: Engenio Information Community Services Department recommended approval of an amendment to Technologies, 200 Mill Bldg the lease with Engenio Information Technologies, Inc. for the 3rd floor of the (3rd Floor), LAG-00-002 200 Mill Building to extend the lease for an additional year. Refer to Finance Committee. Streets: Hoquiam Ave NE Development Services Division recommended approval of the temporary Temporary Closure closure of Hoquiam Ave. NE (NE 7th Pl. to NE 9th St.) for three to five days, June 26 to June 30, 2006, for Wedgewood Lane Division II plat-related construction. Refer to Transportation(Aviation)Committee. Plat: Parkside,Blaine Ave NE, Development Services Division recommended approval, with conditions, of the FP-06-047 Parkside Final Plat; 15 single-family lots on 2.76 acres located at Blaine Ave. NE and NE 24th St. Council concur. (See page 189 for resolution.) EDNSP: 2006 Neighborhood Economic Development,Neighborhoods and Strategic Planning Department Program Grants recommended approval to fund three projects and three newsletters totaling $12,769 through its 2006 Neighborhood Grant Program, and approval to conduct a second round of funding with a deadline of 9/29/2006. Refer to Community Services Committee. Comprehensive Plan: 2006 Economic Development,Neighborhoods and Strategic Planning Department Amendments submitted proposed 2006 Comprehensive Plan amendments. Refer to Planning and Development Committee and Planning Commission. Finance: Fiber Optic Finance and Information Services Department recommended approval of an Installation Projects Interlocal interlocal agreement with eastside agencies regarding sharing of fiber optic Agreement installation projects. Council concur. (See page 189 for resolution.) Latecomer Agreement: Planning/Building/Public Works Department recommended approval for a one- Penhallegon Associates, year extension (to 6/6/2007) of the preliminary approval for the Merrill Merrill Gardens @ Renton Gardens @ Renton Center latecomer agreement request for a water main Centre,LA-05-001 extension along Williams Ave. S. Council concur. Latecomer Agreement: Planning/Building/Public Works Department recommended approval for a one- Lakeridge Development, year extension(to 6/6/2007) of the preliminary approval for the Liberty Grove Liberty Grove, LA-05-002 latecomer agreement request for sanitary sewer installation at SE 136th St. and 160th Ave. SE. Council concur. June 5,2006 Renton City Council Minutes Page 185 Lease: AirO Inc, Airport Transportation Systems Division recommended approval of a lease with AirO, Inc. for portion of the 790 building and 17 adjacent parking stalls at the Airport, expiring 11/1/2013. Annual revenue is$25,116. Refer to Transportation (Aviation)Committee. Lease: Boeing, Airport, LAG- Transportation Systems Division recommended approval of Addendum#21 to 65-877 LAG-65-877, Airport lease with The Boeing Company, which completes the leased area turnback, allows modification of the fire water system, and other provisions. Refer to Transportation(Aviation)Committee. CAG: 03-102, Sanitary Sewer Utility Systems Division recommended approval of Addendum No. 3 to CAG- Model/Inflow&Infiltration 03-102, contract with Roth Hill Engineering Partners, LLC, for additional work Program, Roth Hill in the amount of$48,200 and time extension to 12/31/2006 for the sanitary Engineering Partners sewer model development and inflow and infiltration program project. Council concur. MOVED BY NELSON, SECONDED BY BRIERE,COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE A letter was read from Fred Crothamel (owner and manager of Highlands-area Citizen Comment: Crothamel - properties), 2951 74th Ave. SE,Mercer Island, 98040, stating that to prevent a Highlands Area determination of blight,he is prepared to tear down his duplexes and triplexes Redevelopment and replace them with properties acceptable to the City's vision for the Highlands area. Councilmembers agreed to forward the letter to the Planning and Development Committee. Citizen Comment: City of A letter was read from City of Bothell Mayor Mark Lamb; Deputy Mayor Bothell -Legislation Support Sandy Guinn; Councilmembers Patrick Ewing, Joshua Freed,Andrea Perry,Del re Crime Enforcement Spivey,and Tim Tobin; and Police Chief Forrest Conover, 18305 101st Ave. NE, Bothell, 98011, asking Renton to support legislation that maintains or increases the level of narcotics enforcement, and enhances penalties for the crime of identity theft. Councilmembers agreed to forward the letter to the Administration. Citizen Comment: Wesley- Councilwoman Palmer reported receipt of a letter from Mary Lou Wesley, Airport History 10232 65th Ave. S., Seattle, 98178, requesting a written history of the Renton Municipal Airport. Ms. Palmer indicated that the letter will be forwarded to Renton Historical Museum staff. UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending that Finance Committee Council adopt the following recommended changes to the City's Investment Finance: Financial Policies& Policy: Investment Strategies • Providing for the evaluation of the performance of the City's investments using an appropriate index that reflects the profile of the City's portfolio as specified by the Investment Committee provided for below. • The creation of an Investment Committee to be made up of the Mayor,the Chief Administrative Officer, the Finance and Information Services Administrator, and the Finance Committee chair or designee. The committee will meet quarterly to provide general review and direction of the City's investments program. • Authority for the Investment Committee to hire an investment advisor. • Clarifies that the Investment Officer will make investment decisions consistent with the direction of the Investment Committee. • Eliminates a requirement that the portfolio contain a minimum of 30 percent U.S.Treasury instruments. June 5,2006 Renton City Council Minutes Page 186 • Eliminates the requirement for the financial institution to participate in local and State finance associations. • Eliminates quote requirements when placing funds with the Washington State Local Government Investment Pool. • Creates a qualification of dealers authorized to do business with the City of Renton and provides that investment decisions will be made based on the best alignment with the goals of the City's investment program as defined by the Investment Committee. • Lengthens the maximum investment term from four years to ten and adds a weighted average life limitation of 30 months(which can only be exceeded by unanimous concurrence of the Investment Committee). • Modifies the diversification limits of the portfolio. • Provides for a limitation on Federal agency debt. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Budget: 2006, Appropriating Finance Committee Chair Persson presented a report recommending adoption Funds for New Programs & of an ordinance amending and increasing the 2006 Budget in the total amount Projects of$4,881,755 to appropriate funds for new programs and projects to meet the need of new circumstances and opportunities. The recommended amendments are: Changes to the proposed ordinance include: 1. Add$500,000 to the Police Department budget to resolve budget challenges with the cost of housing prisoners. This will enable the department to fill positions, including the previously authorized backfill positions, which were being held open to help offset jail cost overruns. 2. Eliminate the requested transfer of$402,000 from Fund 316 to Fund 503, as this matter was resolved with the carry forward budget amendment. 3. Eliminate the$637 adjustment requests in funds 403,405,406, and 407. 4. Adjust the amount of the Fund 220 year-end equity transfer to Fund 406 and budget authority to $67,826. Resulting actions: 1. Approve funds for the Mayor's Office reorganization in the amount of $85,000. 2. Approve additional funds for the Finance and Information Services and Human Resources and Risk Management departments staffing needs by $40,000 and$10,000 respectively. 3. Approve an increase in the City Clerk Division budget for increases in costs for voter registration and elections as assessed by King County in the amount of$40,950. 4. Decrease the appropriation for Human Services programs by$42,760 as a consequence of decreased State funding. 5. Approve $140,000 for aerial photography and topographic mapping. 6. Appropriate $18,500 for the Fire Depai lnient employee wellness program as agreed to in labor agreements. 7. Appropriate$32,000 to complete the Pest Management and Control program. 8. Increase the appropriation for professional services in the Hotel/Motel Fund by$22,500 as provided for in approved contracts. June 5,2006 Renton City Council Minutes Page 187 9. Authorize the transfer of$67,826 from Local Improvement District Debt Service Fund 220 to Fund 406,Wastewater Utility. This represents an increase in the appropriation in Fund 220 of$35,801. 10. Approve $130,000 for completion of a Library Master Plan. 11. Increase the budget for construction of recreation center storage facilities by$80,000 in order to construct a second storage building. 12. Approve an additional $80,000 for improvements to outdoor lighting at the Henry Moses Aquatic Center. 13. Reduce the appropriation for inventories within the Water Utility Fund by $25,000. 14. Authorize the transfer of$3,264,850 from Fund 421, Water Utility Construction, to the Water Utility Fund, and increase the anticipated ending fund balance in the Water Utility Fund as a correction to the 2005 Budget amendment. 15. Appropriate $29,793 in Fund 407, Surface Water Utility, and authorize the transfer to Fund 427, Surface Water Construction, as a correction to the 2005 Budget amendment. 16. Appropriate $202,664 in Fund 451,Utility Bond Debt Service, and authorize the transfer to Fund 426, Wastewater Utility. 17. Appropriate$20,000 in the Firemen's Pension Fund for the purpose of paying for necessary medical expenses for qualifying retired firefighters. Lastly,the Committee wanted to retain flexibility in the reserve fund balances, within the General Government Funds totaling$2.6 million and the CIP Fund (Fund 316)totaling$3.2 million,rather than designating them for specific purposes. The Committee recommended that reserve fund balances remain undesignated,but be available for City needs, including: • Providing additional funds for the Parks Maintenance Facility. • Providing additional funds for needs in the Highlands area. • Grant match for park improvements such as the Sam Chastain Trail and the Springbrook Trail extension. • The potential need for additional funds to address the LEOFF 1 medical liability. The Committee further recommended that the ordinance regarding this matter be presented for first reading.* Councilman Persson explained that the Committee added the$500,000 to the Police Department budget when it was discovered that the department was not filling police officer positions due to the deficit of what was owed for jail funding. *MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT.* In response to Councilman Clawson's inquiry regarding Fund 503,Finance and Information Services Administrator Michael Bailey stated that it is the Information Services internal services fund. He explained that the City collects all the costs for technology systems in Fund 503, and then the costs are allocated back across City departments. *MOTION CARRIED. (See page 190 for ordinance.) June 5,2006 Renton City Council Minutes Page 188 Transportation (Aviation) Transportation (Aviation)Committee Chair Palmer presented a report Committee recommending concurrence in the staff recommendation to execute Supplement CAG: 04-013, North Renton Agreement#6 with W&H Pacific, Inc. in the amount of$468,873.95 for Infrastructure Improvements, additional design services and on-call services for design for the South Lake W&H Pacific Washington Roadway Improvements Project. Until Fund 318 (South Lake Washington Infrastructure Project Fund) is approved, including the bond for The Landing project, the design project can continue to use Fund 317 current unexpended 2006 appropriations. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation: S 3rd St at Transportation(Aviation)Committee Chair Palmer presented a report Shattuck Ave S, WSDOT recommending concurrence in the staff recommendation to approve an Grant interlocal agreement with the Washington State Department of Transportation and all subsequent WSDOT grant agreements necessary for a$200,000 Bicycle and Pedestrian Safety grant for the S. 3rd St. at Shattuck Ave. S.project. The Committee further recommended adoption of the resolution authorizing the Mayor and City Clerk to sign the agreement. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 190 for resolution.) Utilities Committee Utilities Committee Chair Clawson presented a report regarding utility tax Finance: Utility Tax rebates. The Committee recommended adoption of the ordinance creating a Exemption utility tax relief program consisting of the following: • Utility tax relief is granted to residents of the City who qualify with the same qualification criteria used for the reduced utility rates program under City Code 8-4-31.C. • The amount of relief to be granted is $110 per year prorated for the number of months a qualifying citizen resides in the City of Renton. • The amount of relief will be adjusted administratively by the cost of living each year. • The administration of the program shall be the responsibility of the Finance and Information Services Depai tment Administrator. • Persons qualifying for the reduced utility rates program will be automatically enrolled,while others may apply to enroll MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Responding to Councilman Clawson's request, Finance and Information Services Department Administrator Bailey explained that the program will allow the City to rebate back a standard amount of$110 per year of the utility taxes that are typically passed on by utilities to the ratepayers. The utility tax is a tax on the utility for the privilege of conducting business in the City. He stated that this utility tax relief program is available for residents who qualify for the utility rate discount program. Mr. Bailey indicated that qualified residents will automatically be enrolled into the relief program, and pointed out that the program is also available for those not paying the utilities directly. Community Services Community Services Committee Chair Nelson presented a report Committee recommending concurrence in the staff recommendation to approve the funding Human Services: 2007/2008 criteria for the allocation of 2007/2008 Human Services funding, which Funding Criteria for CDBG& currently comes from the General Fund and Community Development Block General Funds Grants. This is a test and the process will be reviewed prior to the next funding June 5,2006 Renton City Council Minutes Page 189 cycle. These updated funding criteria will more effectively allocate scarce resources where they will do the most good, and will continue to best meet the needs of the community. The funding criteria are as follows: 1) What Renton result(s) does the program requesting funding for address? 2) Do the identified strategies address the desired Renton results? 3) Do the identified activities address the identified strategies? 4) How well does the agency: a. Demonstrate they have organizational experience and structure? b. Establish the program need and identify the target population? c. Define the program, goals, and staffing? d. Articulate a long-range plan? e. Show financial stability by having diversified funding sources; a complete, accurate budget; no serious fiscal issues; and serve a reasonable number of people for the funding requested.* Councilwoman Nelson stated that the Human Services Advisory Committee will review human services funding applications based on the aforementioned funding criteria,which meet the recently identified needs of the Renton community. *MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution#3812 A resolution was read establishing facts, extending a moratorium on sewer Utility: Sewer Moratorium in availability for new subdivisions within the East Renton Plateau Potential East Renton Plateau PAA Annexation Area, and establishing a termination date for the moratorium of 12/5/2006. MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3813 A resolution was read setting a public hearing on 6/26/2006 to vacate a portion Vacation: N 38th St,Tasca, of N. 38th St. between Meadow Ave. N. and I-405 (Petitioner James Tasca). VAC-06-002 MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3814 A resolution was read approving the Parkside Final Plat; approximately 2.76 Plat: Parkside,Blaine Ave NE, acres located in the vicinity of Blaine Ave.NE and NE 24th St. MOVED BY FP-06-047 LAW, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3815 A resolution was read authorizing the Mayor and City Clerk to enter into an Finance: Fiber Optic interlocal agreement, entitled"Addendum#26 for Sharing of Fiber Optic Installation Projects Interlocal Installation Projects," with the City of Bellevue, City of Kirkland, Lake Agreement Washington School District, University of Washington, Bellevue School District, and Evergreen Hospital, to provide an alternative to the King County I- Net and to better serve additional areas within the City of Renton. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. June 5,2006 Renton City Council Minutes Page 190 Resolution#3816 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: S 3rd St at interlocal cooperative agreement with the Washington State Department of Shattuck Ave S, WSDOT Transportation for grant funding for planning and construction on SR-900 at Grant MP 10.08 (S. 3rd St. at Shattuck Ave. S.). MOVED BY BRIERE, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 6/12/2006 for second and final reading: Budget: 2006,Appropriating An ordinance was read appropriating the new programs and projects in the total Funds for New Programs& amount of$4,881,755 to meet the need of new circumstances and opportunities Projects in the 2006 fiscal year. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/12/2006. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance#5210 An ordinance was read adding Sections 8-4-46 to Chapter 4, Water, and 8-5-23 Utility: Billing Adjustments to Chapter 5, Sewers, of Title VIII(Health and Sanitation)of City Code for Water Leaks allowing certain water and wastewater billing adjustments for water leaks. MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. EXECUTIVE SESSION MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL RECESS AND ADJOURNMENT INTO EXECUTIVE SESSION FOR 60 MINUTES TO DISCUSS POTENTIAL LITIGATION AND PROPERTY ACQUISITION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 9:11 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 10:28 p.m. Nee-11.4,1A1.- &a Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann June 5, 2006 rrrII RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING June 5, 2006 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 6/12 Harvest Partners Infrastructure Agreement (Corman) 6:00 p.m. Update; Construction Bids on the South Lake WA Roadway Improvements Project COMMUNITY SERVICES (Nelson) FINANCE MON., 6/12 Vouchers; (Persson) 4:30 p.m. Position Reclassifications; Engenio Information Technologies Lease Amendment for 3rd Floor of 200 Mill Building; Annexation Community Outreach PLANNING&DEVELOPMENT THURS., 6/08 Chateau de Ville Multi-Family Housing (Briere) 3:00 p.m. Property Tax Exemption Agreement 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. C.)ti` Y O� ADMINISTRATIVE, JUDICIAL, AND ® •, LEGAL SERVICES DEPARTMENT • MEMORANDUM DATE: June 5, 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 • Downtown Renton comes alive with the tastes of summer at the Renton Farmers Market! Tomorrow, June 6th, is opening day, with Council President Randy Corman ringing the cowbell to open the season! Tuesdays, June 6th through September 19th, from 3:00 to 7:00 p.m., will find the Piazza Park, located on South 3rd Street between Burnett Avenue South and Logan Avenue South, bursting with juicy berries, leafy lettuce, vine-ripened tomatoes, and a virtual cornucopia of other farm fresh produce. More than 50 vendors and farmers will sell locally grown farm products, including organic fruits and vegetables, cut flowers, baked goods, herbs, and more! For more information call Tracy Bier at 425-679-1502 or visit www.GoRenton.com/farmersmarket.htm. COMMUNITY SERVICES DEPARTMENT • The first"Catch a Special Thrill" Charity Bass Tournament was held June 3rd and 4th at Coulon Beach Park. Hosted by the C.A.S.T. for Kids Foundation, the guaranteed first place prize was $7,500. All proceeds go toward providing a chance for disabled and disadvantaged children to go fishing for a day at events sponsored by the foundation. ECONOMIC DEVELOPMENT, NEIGHBORHOODS & STRATEGIC PLANNING DEPARTMENT • The North Renton Neighborhood Association will hold their annual neighborhood picnic on Thursday, June 8th, from 5:30 to 8:30 p.m. at Sartori School, located at 315 Garden Avenue North. North Renton residents are encouraged to bring their favorite potluck dish, get to know their neighbors, and meet City representatives. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • The City's Solid Waste Utility held another successful Recycling Day event on Saturday, May 13th at Renton Technical College. A combination of hard work, commitment, and help from the Solid Waste Utility, Maintenance Services, Police Department, and sixteen volunteers made this Spring's event a big success. Approximately 550 residents were served, and over 121 tons of recyclable materials and 715 gallons of household hazardous waste were collected. The total tonnage collected from this Spring's event was nine tons greater than was collected last Spring. `�Y O *tatie set HUDSON ANNEXATION PUBLIC HEARING COUNCIL CONSIDERATION OF 60% PETITION TO ANNEX AND POSSIBLE FUTURE ZONING June 5, 2006 The City is in receipt of a 60% Direct Petition to Annex from property owners in the proposed Hudson Annexation area representing 60% or more of the area's $7,482,400 assessed value. The King County Department of Assessments certified the signatures on the petition on February 8, 2006. The 14.6-acre site is located in the City's Potential Annexation Area and is designated Residential Single Family (RS) and Residential Medium Density (RM) on the City's Comprehensive Plan Land Use Map. The site currently has King County R-12, which allows up to 18 units per gross acre with bonuses and transfer of development rights, and R-18 zoning, which allows up to 27 units per gross acre with bonuses and TDRs. There are also three lots that 11111w have Neighborhood Business zoning on them. It is likely that if the 60% Petition is accepted by Council, the City would rezone the non-street portions of this annexation R-8, eight units per net acre, consistent with the RS land use designation and R-10, 10 units per net acre consistent with the Residential Medium Density land use designation. The annexation site abuts the City on its northern and a portion of its boundary. A portion of SE 168th Street is proposed to be included in this annexation. The site is relatively flat where it abuts SE 168th Street but falls off slightly to the east where the eastern portion drains into Soos Creek. Under RCW 35A.14.340, a minimum of two public hearings is required on annexation related rezones. Tonight's hearing will be the first of these two required public hearings. Because future zoning has to be consistent with the Comprehensive Plan Land Use Map designations, the Administration is recommending R-8 zoning in that portion of the site designated RS and R-10 zoning in that portion of the site designated RMD. The Administration is recommending that Council accept the 60% Direct Petition to Annex, support future R-8 and R-10 zoning consistent with the Comp Plan, authorize staff to forward the Notice of Intent package to the Boundary Review Board for King County for their mandatory 45-day review, and begin preparing ordinances for effectuating the annexation if the BRB supports it. *sr Hearing Handout 06-05-06.doc\ - -,---\\ ,'\- ------1•1.: j. � r y : :70.'-. -Ii- SE 21st St- rf • N '� t _ t5 ,,\ SE 161st St 77:5\ \\ : �� iiy 1 _S 1 2 St 1 moi ( ` - . I � - �t I —_—_-1/ 1W---11/C ` ISE 164 h �r/1, � ^ t St- 1 ?;'I 5 27th St ; r. — — - 4 . ..\ .ate i,, i T `�� �,, I't` 5E 166th �.- 4 .4c %:.0 \u\\\. – I i------ i — ..1: ._............j 1 i�..._.: ! , SE 168th St o . Id-PI ' ' W\ .ezi • . ' I 1 1 ' ii F--- e ''` I'� I ..: _l.! SE 1-69th St �,, f -0 111 =\rit- 2 1 ( 1 ff „ D ' • - • - . u..... . „-) ,' _,— SE . 172nd St I' E 172nd St / 7 ^ � i , ''' N`/ ,5.E_173rd S t„._-,..„'-_, ....-_-..:- -y 1' f 1 i 1ct- 1 Pcifr-14.,.f.,. rl.i or • Proposed Hudson Annexation © 600 1200 Figure 1:Vicinity Map L,..,....I ke.d.fnml'.c ah1..,J«.4.A S"ndcru 1'i.nv"m ^---- ciy I 7 IN w.N;”:,.ak.wr,... Propd *L AWA � Hearing Handout 06-05-06.doc\ Z e Hudson Annexation Public MetC 60%eting o Petition and onsider Possible Future Zoning June 5, 2006 1 City of Renton -'°, Merritt' II(Phase II) Current Annexations '-• ! Perkins ' 52.7 ac. .,.�,. �i., -' 15.6 ac. w ,M... '°..,' --- -- 'Aster Park ^" a 16.5 ac. V" Quern x ``< t'C '24 0 3.. ,�? �r ,.f ,, ` ^'- .° ' ' , 's:: • 20.4 ; " A =g i mr ''�' 'i .,-,,,,,• c „ J " i ''`,.'' '','‘;'k ' •. Fi ;_%- " ' ( ' Preserve ") LT ; -. "_ Our Plateau ~ 4 g -,1, ':' ' fi 1474.5 ac.jk _ a •.3 VP? LT: E g i F t'. j ,. t y� -4 Leitch` f fc,r", ,i 16.2 ac. ' •1•:1 •'"'y, 'Maplewood �-' Ttn:wa ! - ,-1.-, '=, ,z,,, Addition r , ; ,, 60.5 ac. t, L_ udson Akers Farms' , a e ,, 13,9 ac. 1 r , 14.6ac. .: } f ik-Sji\j'-' KIWI FeikN: z t 'F . :` ~' -Anchone" ,,•�• h�r,u „; 25.7 X. ,r.— Background r..— Background • 10% Notice of Intent Petition received Sept 2006 • Public Meeting held November 14, 2005 • 60% Direct Petition on January 30, 2006 • Petition certified by King County in February 2006 • Tonight's hearing first of at least two required to be held on future zoning, if annexation approved 2 Existing Conditions • PAA—Within Renton's Potential Annexation Area • Location — Southeast portion of City at intersection of Benson Road South and SE 168th Street west of Benson Road South and south of SE 168th Street • Size — 14.6-acres (includes streets) • Natural Features —Western portion of site is relatively flat whereas eastern portion slopes towards Soos Creek to the east • Existing Land Use —19 existing single-family homes, 152 multi-family units, and at least one vacant parcel • Boundaries —as shown on next slide \ /. ; 1 hs, SE 1,64 h �1 � t _St, ,m.9 , 1' P • 4 ,u s } 1s s. I s' . \`':;',1‘:\:'0 ` SE 1661h -•,,„,,,',.....,..A, t � x . ,q I ¢ \ .i- -77 , ..e i , SE 168th St Id.pi A PI j i-- r _. r4` \«a ' ;I. . £•5- -;i. .P \7 ! All c"=; : 7.<' il.'.!-----() \ SE 169th St ,__r_ ,\, Sc 172ndSt ' a_SE •?72nd St , €Q 11 'tel ,� \,•; JI .. _...._...ryry44._rd i 3 :...—;.;::::------=.• , L; _ \ ` Vicinity Mapi 3 Existing Conditions - Structures .r'1 r.. n '1 ...70..g1.50 a il,�, 5 J' -� • 19 estimated '' ° existing SF "Q ', \Z 0 , " `,, dwellings tt ; o e • 152 Multi- lir k,� a a s___;' family units KA : LI CJ44,'' ' .�"+QC O K3caU . _ : cls ' d ' i �3 rl,!•'CC�.c1fJ=C7-3c Structures Map ,.,, J 0 ,o O$ Existing Conditions - Topography 7% slope on , ,�-�...._`.„� , ` '' eastern half of - - . ~```a _ 2;,q_ _ "`` site Topography Map rs 1 4 Existing Conditions - Sensitive Areas r • Portions of site west .> ,, �_ -,_,t' -� ... -__ . of 108th Ave SE drain to Panther ;, s ;'h Creek � � .��`��K % _ <�:� ,,,„ • Portions of site east = , ~- ' z of 108th Ave SE . ttt ".:_1... S.'6 drain to Soos Creek x `. y, j" ' I t r, i Sensitive Areas , " y < ' dei st Map ��� � G,; - _ . • elk fio, • .., ,,,,...,...,,,,..... ,, ,,,„,,,,,;,•,..,, ,,,,•;.,1411,..e-4.,-ettlE6*Y.,r .t.At 'VI Vkik• 2"js d ( `vnc:;"7";;T--7,--:-.... gex,:: ,-•^Z yi - �.. � 3 ..Tay '•^-,�`&`� 3� � View looking southeast towards site from intersection of Benson Road South and SE 168th Street 5 fir ..,t`,,,,„.N' *,. !.4 ,, ,,,,,.', ',..,?-.*:,...„.1:‘,,,i, ,,:1..-;i'y*:',*:: Si,...2*,:•%•• -''.1 ;..''''".:,:* '' ,�` �`°'3�.-",� µ i+3� ;t::'"--• '---'--- '. �....F.IF:... klx View looking northwest towards portion of site west of 108th Avenue SE \, • , ,tea,:' k - „ View looking southeast along SE 168th Street from 109th Avenue SE 6 Existing Conditions — Environmental • Topography • Gentle slope to the east • Environmental Constraints • Headwaters of Soos Creek and its ravine lie to the east of the site • County's 2005 Surface Water Design Manual, Level 2 flow-control standards or greater are recommended Existing Conditions — Public Services • Fire ■ Within District#40 ^ I - , • • Utilities • Water-within Soos Creek Water&Sewer ill District water service area • Sewer-within Soos Creek Water&Sewer Fr District sewer service area ■ Schools Y. • Within Renton School District 1C 7 Existing County Land Use Designations K.C. Land Use Map # ea Urban Residential 4-12 '-. r•.MIRA du/ac ' . r /8 so am' \'.4-,:....,„ • ,, 1! ;;V ass* gem Urban Residential >12 , , 'ts kW, 1 LI du/ac '+ � �` ■ iii ;tlli[tta'Illaii A':, �'% �r� r11*1 Neighborhood ME tE llir`lw Business Center `1 _NIS UP. US L.— .4.;%'..:.,t3„," 5 * II SITE t 1 Existing County Zoning K.C. Zoning Community Business R-8 — Residential 8 du/ac* ` , _.. adr1 111 *Bonuses up to 12 du/gr.ac. t $fisi al=MINN*was 11010,'" #� s iE RAYtl1111115. le �4:x R-12 - Residential 12 N 11 ii,� du/ac** ' z' -,. **Bonuses up to 18 du/gr. ac. Zill_ ;: :x .� *". i 1,fi 111111 e R-18 — Residential 181sleti-iVa_mamte, 74 7,1 du/ac*** = is 211 "a ***Bonuses up to 27 SITE i: "" i 0. du/gr. ac. King County Zoning Map 8 Possible Zoning if Annexed RLD Renton Comp Plan Land Use Map - Residential • 104110 Single Family (RS) - Residential Medium (RM) 81-1 RS l Possible Renton Zoning k - - R-8 (8 du/net acre) - R-10 (10 du/net acre) • RSI SITE RS Renton Comprehensive Plan Comp Plan Annexation Policies Policy LU-36. Encourage Site is located within City's annexation where availability of and banngservi es nated PAA infrastructure and services allow available to serve site for urban densities Policy LU-37.3. Annex lands Most of the annexation area is currently subject to development pressure developed but portions of that might benefit from City development standards it will likely redevelop in the future Policy LU-37.6. Priority areas Area is currently more include developed areas where than 80% built out but Renton is able to provide basic lacks urban services services and local governance including local to an existing population governance 9 Relevant Boundary Review Board Objectives ■ Preservation of natural This annexation adds on to the neighborhoods and residential area to the north communities ■ Use of physical Existing streets (SE 168th St) and boundaries City boundaries define the site ■ Prevention of abnormally Proposed boundaries are interim irregular boundaries ■ Annexation of cities of The subject annexation site is unincorporated areas urban in character and is which are urban in located within Renton's character designated PAA Fiscal Impact Analysis ■ Assumes 19 existing houses w/ average assessed value of $220,000 ■ Assumes 152 multi-family units ■ Assumes average assessed value of $350,000 for new infill units 10 Fiscal Impact One time parks acquisition and development cost of$138,108 Conclusion • This proposed annexation is generally consistent with City annexation policies and relevant Boundary Review Board objectives for annexation • No major impediments to the provision of City services to the area have been identified • Surface water costs are estimated at $3,258 per year, and • Transportation believes City will be responsible for the cost of a traffic signal and other improvements at the intersection of 108th Avenue SE and SE 168th Street 11 Conclusion, continued • This annexation is estimated to cost the City $53,545 in 2006 dollars, if it were to come into the City now • Assuming build out in 10 years or so, because it is already significantly developed, this cost would only be slightly reduced in 2006 dollars, and • The annexation appears to further City Business Goals by encouraging responsible growth and possibly serving as a catalyst for expanding its boundaries to the north or west to result in a more regular City boundary Recommended Motion The Administration recommends that Council: • Accept the 60% Direct Petition to Annex for the Hudson Annexation • Authorize staff to send the Notice of Intent package to the Boundary Review Board for King County for their mandatory 45-day review • Authorize the Administration to invoke the Board's jurisdiction so that the BRB can consider expanding this annexation 12 Recommended Motion, continued ■ Consider future R-8 zoning on those portions of the annexation site designated Residential Single Family on the Comp Plan ■ Consider future R-10 zoning on those portions of the annexation site designated Residential Medium Density on the Comp Plan, and ■ Authorize staff to begin preparing an annexation ordinance, assuming the BRB endorses this annexation, as well as ordinances for possible future zoning, if its boundaries are not expanded 13 S`SY O • '-‘NryO� PERKINS ANNEXATION PUBLIC HEARING COUNCIL CONSIDERATION OF 60% PETITION TO ANNEX AND POSSIBLE FUTURE ZONING June 5, 2006 The City is in receipt of a 60% Direct Petition to Annex from property owners in the proposed Perkins Annexation area representing 60% or more of the area's $881,000 assessed value. The King County Department of Assessments certified the signatures on the petition on December 22, 2005. The 15.47-acre site is located in the City's Potential Annexation Area and is designated Residential Low Density (RLD) on the City's Comprehensive Plan Land Use Map. The site currently has King County R-4 zoning , which allows up to 6 units per gross acre with bonuses and transfer of development rights. It is likely that if the 60% Petition is accepted by Council, the City would rezone the non-street portions of this annexation R-4, four units per net acre, consistent with the existing Residential Low Density land use designation. The annexation site abuts the City on its eastern boundary. A small piece of 138th Avenue SE (Duvall Avenue NE) is proposed to be included in this annexation. The site falls off abruptly to the north where it drains eventually into May Creek. Under RCW 35A.14.340, a minimum of two public hearings is required on annexation related rezones. Tonight's hearing will be the first of at least two required public hearings. Because future zoning has to be consistent with the Comprehensive Plan Land Use Map designations, the Administration is recommending R-4 zoning consistent with the existing RLD Land Use Map designation. The Administration is recommending that Council accept the 60% Direct Petition to Annex, support future R-4 zoning consistent with the Comp Plan, authorize staff to forward the Notice of Intent package to the Boundary Review Board for their mandatory 45-day review, and later invoke its jurisdiction to expand this annexation's boundaries to the south to include Sierra Heights Elementary School. The Administration is also asking Council to authorize staff to begin preparing ordinances for effectuating this annexation if the BRB supports it. Hearing Handout 06-05-06.doc\ • ,t dde'', 'tVk ; Vi, , A v`e to P a . , 5th i ` w r NE 2 tti P3 t [ 26 ` ',` SE 100tr1 St 4-�.,�...... • � *.•F2 tr Ct a _ „.4,,- 1\v` 24tr. " t9 _,23rd' . I ' ` Ikr- 2nd [q _ - ; ..3,-„ , . `23rd Is.t ®t . NE'2,294 . "t'!... t tit 7.. i,yi-.. , ; .. ; ., P 4. ,yap i'' ',^ ...i ,. /4;6, 3TC 2i51�St ..h .14k G° t ,.,G-9 't`Y'C 7t375t'. ,,,, ax T4r20$49 ' c . , . • t' °: : tits i:4 St . ` t1ikri i. , i. r--g-.,,,,,, '� >` lye't;'jt 'fit } 1 tt 1~ },- ; tea. ;_ ° '' , '' ` ' • ' NE 1 `t 9, . r ,g .3 < yam` .. ' - y\°�Y Uj Proposed Perkins Annexation 0 800 1600 i Figure 1.Vic3rrp Map >>_ . ,- .. 1,cositt•ea3ulk�,> 1b'r of,cvg}fin3rit+s:�s13<R.Stroh:lowPlu Plum AnnexationAtea I : 9600 ,3 3'i e=, ,., --• CO Limits Hearing Handout 06-05-06.doe\ , 9ooZ `C auIrf �u�uo2 azn�n� alciissoI pug uo!1i1"d uoi1.3a1!Q %09 JapisuoD o) Oul1UMH 3.1cl d //0//I V)/It1 V kVlIl .J) s•; City of Renton ''''.-,,. , , : 9'.' Merritt II(Phase II) Current Annexations -:'*-:LI, - - -erkin-': 52.7 ac. - : 1 .6 ac. V",..-, .k. ' - •,-- -;„' ei-....:1. ., ,,A ,truitriit .• ,,.,.. 4.-*,"-• - ,,: -, . - - • 7.2 ac. -. - ' 7;-fikt.'14'' P i ' ... .., .. ,Hoquiam ,„-e ,, ,. ,, g ... ?p,A.ac,, PAapiewool Park) Terrace!. :---'1.4_*fl,''.; ,•-:'" Elementary 79,7 ac- ,` 3't::- ' 't -= 9.8 ac- ,,,,,....., ITLindberg -!.▪..-10,,v2 „ -,-.:04,-- 19.6 ac. „ _ I.,',.,''4:: • 'i'' ''•\ :: ''r.'' .1, '4,.; 4,1ki 0, „. Mosier II .A4v: - 66.5 ac %,*`' --------- ,\,,,,i _,4.„,..-- '-',-1--,1/4_,- Maplewood Preserve • , - ; i ,'-•,_,\ -, - ,".,,.-t-„ i.' • .A'Our Plateau i Addition iMV104 I , • -0•1,Y• ,.., , '•.4.1,!. %, 1 5 -,,,-.„1 191.1.• as... r 1 t i ;,.. r.,- I 1 -..,, t,'-.. ••.'",i Akers Farms'-- ".°'.,:?- ''---' , -1.......-:.__-.....7- Hudson, ' lag ac„, - 14.6 ac. ,.' -,, 7.,„ - --7' .W - ''., / ' I,' ''' ,r'--)-- - i - J '''' ' ' Falk II : - - ,` - i , - t'-'• 6.8 ac. , i— ..0,..< t.) ; 1,...- -AM-hone' Backvi-oitii(1 L., • 60% Direct Petition submitted on December 13, 2005 • Petition certified by King County on December 22, 2005 • Tonight's public meeting held pursuant to state law — Council must hold at least two public hearings on zoning before taking action on a rezone 2 Background, continued • Council must decide: Whether to accept the 60°0 Direct Petition to Annex Whether to authorize transmitting the Notice of Intent to the Boundary Review Board for their 45-day review, and Whether to authorize the Administration to invoke the Board's jurisdiction in order to expand this annexation's boundaries to include Sierra Heights Elementary School adjacent and to its south? • Council must consider whether R-4 zoning, consistent with the Residential Low Density land use designation, is appropriate for this site 'v istin�a conditions PAA - Within Renton's Potential Annexation Area Location — North area of City south of Newcastle and immediately north of Sierra Heights Elementary School, mostly west of Union Avenue NE Size - ± 15.1 acres, including abutting street ROW Current Uses - 3 single-family dwellings Boundaries - abuts Renton on its eastern boundary and bounded on the north by SE 951h way, if extended, and on the south by SE 96th Street. if extended. Its western boundary would be 128th Avenue SE, if extended 3 v .i.........., +:o-ys L `t a s...,. C... "' { "iY, t "':',--,.),A,v 4 tC....)f Com.. �; ,.. - .,.z eE ,,.•t n.., i:.....� .€: +� • <� ,y."`ro. a F .av '1 "1Z 3�,')Tis; 'y;'61<„ i;,, �� {, t~ 4 P. „ aha.. �.�,`,.a .,. <x " (" +fvb D:-44.9 •*o,.ir..... -1..4, f 'L C,fix.ol .. it \ov7 � '.-^ f` Q3 C3V.: 4 ^h e.,mi >, f r r1. 73 e•-,aU O c, rn TO el.) s' co`` GJ) tI) U• �. .vU / U +— U • ' O 00 cCY 1 c� t ..... N .Q �' e•—•-, C"4 .~ rd CI) o • U4 O L, 'rn U • z> f...., : .C? `� ' , •.yam ? ,a ..i4 .Al ..';ly.,;l,t•e •1...., l'„ •‘"' P,i,>'... ,;;:—./.7:7-1 ,i.....,..„ ,-1'..1::', 4-,,,, : ,..it., 4,0.; •••-•I: • ('...y ... IL `4\ dile. .).•4 r y-�J rt (-�....._....,, i.•� j, f". iI'.. G'y '. r � a,. . r d' V ' }i ?r C y.r 'J, r e v 1 .�G O rj f - c� 73 _O O '1) • + f. .�-• O � ~�~ G f es_1 �.�. � - .el? .:. r L +-• V c �L/pyO n o r , t. O r C:,'' 'C) \ O O© p C/) O M _ k .O pcilO � CJ t(/) U ,,'-':-.. nc _.._Q. • • • • Existing Conditions - PHblic Services Fire - Fire District 25 Utilities — Within Renton Water Utility Service Area — Within Renton Sewer Utility Service Area 111 Schools �P — Within Renton School District _,�x isting Conditions w Public Works notes that: 2005 County Surface Water Design Manual should be used at time of future development Annual cost for surface water mitigation of S4,040 per year w Parks notes a deficiency of developed recreational opportunities in the area w Parks staff estimates a one-time fee of $15,213 as prorated share for future park development 6 1- '4`..le...-',',;4'-'' 1, ,=.*,•:: t 1r'. r T» . .: stir .• • . ;;• , •' ;) y ,,' .'' ' a�m View looking north along 132"'1 A\'enue SE showing slope to the north .11..„....„.... ,.... ., i` ,,,,..,%, .........„. ,, - . ,s.a. .......„, .... .. . , . . ..„. ,. .. . . m xSi' 2 View looking northwest across 132"t1 Avenue SE at site 7 0.471s1viri --, Comity Comp Plan Laid Use o Desianation and Cm-1-cm Zoning .....4... K.C. Land Use Map - 1 Urban Residential j‘,..-, , ntPr . 4-12dulacre (gross) 'z4iikf-itz,-2rta'llIlM- * .i \ l'-'41.77thweris K.C. Zoning - 1 N.,,,.1:a14;;;;; R-4, Residential 4 &Vac • ki-tl ,./T] (gross) ..,.. 1 t le.2 Mr, ' • 84,,,i,.fer 4, Ilift14 ' - — SITEO.* ,1., . ... ' ,.. /Allira : ifillei County Zoning \lap Reil Coilip Plan Designation and Probable Fititti-e Zoning Renton Conip Plan Land rff,_ Use Designation ... — Residential . Low Density ,‘, .„).1 c:‘,44wrilt3mi, ; 1 'litt' irt ./1i clittumwoot ,.., . Probable Renton Zoning Itti — R-4, 4 du/acre (net)* SIT . , ,...., .77 ,sistisirtm 406 E *Clustered development is Renton Zoning permitted 8 Fiscal impact Analysis General Fund cost and revenue implications — Assumes 3 existing single-family homes with average assessed value of 5255,450 -_._ Assumes 43 new single-family homes with average assessed value of S450,000 Fiscal I ipact Anal %sis Current Full Development Development Revenues $3,736 $81,339 Costs $3,640 S69,935 Surplus/ $96 $11,403 Deficit Estimated one-time Parks Acquisition and Development Cost of S15,213 9 Relevant An te.�:ation Policies Policy LU-36. Encourage City water and sewer are annexation where the available in Union Ave NE and availability of infrastructure serve the area to the cast. City and services allow for the I prov ides fire services already. development of urban densities. Policy LU-37. The highest The proposed annexation area has priority areas for annexation I boundaries that are contiguous to to the City should be those I the City. contiguous with the boundaries of the City. Policy LU-38. Support I The subject site is within the annexations that would result I City's PAA and City is in the future improvements to I designated service provider. City services or eliminate Area is now inefficiently serviced duplication by service i by Iting County. providers. Relevant Bo undalT Revrei i .dare ' ob/ecin es Preservation of natural Area is underdeveloped and not neighborhoods and part of an established communities neighborhood Creation and preservation Renton currently provides fire of logical service areas services to area and. for County, area is an island wedged between Newcastle and Renton Prevention of abnormal Interim boundaries are irregular irregular boundaries pending annexation of Sierra Heights Elementary School Incorporation or annexation The subject site is designated to cities of unincorporated urban and is located within the areas which are urban in City's Potential Annexation Area character 10 Conclusion Preliminary analysis indicates that: • Proposed annexation generally is consistent with City's Comp Plan annexation policies • Proposed boundaries generally consistent with Boundary Review Board criteria • R-4 zoning would be consistent with current Comp Plan land use designation • Revenue surplus at full development in + 10 years • Except for parks and surface water no major service issues identified Recommendation: The Administration recommends that Council: Accept the 60% Direct Petition to Annex Authorize the Administration to forward the Notice of Intent package to the Boundary Review Board, - Authorize the Administration to invoke the Board's jurisdiction so that it can consider expanding this annexation to include the Sierra Height's E lernentary Srhoc; io iiic south Authorize the Administration to begin preparing ordinances for possible annexation and future R-4 rezoning 11 ( /r/Y °� �N�o� EXTENSION OF EAST RENTON PLATEAU SEWER MORATORIUM PUBLIC HEARING June 5, 2006 In June of 2005, in response to a citizen group, Citizens Allied for a Responsible Evendall (CARE), Council passed Resolution 3758 establishing a six-month moratorium on sewer availabilities for new subdivisions within the East Renton Plateau Potential Annexation Area. The moratorium was extended for six month on December 5, 2005. The present moratorium expires June 5, 2005. On November 15, 2005, CARE submitted an annexation petition to the City designating an annexation boundary, and calling for an election. The petition was certified by King County Elections on December 19, 2005. The State Boundary Review Board has scheduled the issue for a hearing on June 14 and June 15,2006. l'"` Extension of the moratorium will continue the present City position of allowing the election outcome to determine whether City or County standards will guide development within this community. It is recommended that the moratorium be extended with the understanding that: 1) If the election fails, then the moratorium automatically expires or is repealed and King County standards will be used to vest subdivisions with out-of-city sewer requests. 2) If the election passes, then the moratorium will be extended through the time Renton either formally annexes the area or successfully negotiates an interlocal agreement with King County to allow review of subdivisions using Renton development standards. 3) The area of the moratorium shall continue to include that portion of the sewer service area that is within the entire East Renton Plateau Potential Annexation Area, rather than the smaller area included within the current proposed annexation. The Administration recommends that the moratorium continue to cover the entire East Renton Potential Annexation area, generally defined as that portion of the service area east of the current city limits bounded by the Plat of White Fence Ranch and the urban growth boundary to the north, Plat of Maplewood Heights and the City limits to the west and the urban growth boundary to the south and east. This original boundary should continue to be used because the Boundary Review Board has the authority to modify the annexation boundary by 5% of its proposed acreage, and there is as yet no indication of which areas might be either included or excluded. H:\EDNSP\PAA\Annexations\East Renton Plateau PAA\Moratorium Extension Hearing Handout May312006.doc 01/1\ RESOLUTION NO. 3783 ralimmimormi.i. zoimir• N 4 rp roil mimmi Aff ril! —11.-linalmirdP All rrellingare4' MOM IIIPA'1. 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Alva_111%.,„:07 .Ats, ,...101 SANITARY SEWER MORATORIUM BOUNDARY FOR NEW SUBDIVISION ON EAST RENTON PLATEAU MAY 2005 • • • • June 55 2006 1 Should the City continue to restrict out of citysewer availabilities in the East Renton Plateau Potential Annexation Area pending an election annexation? • Sewer availabilities allow property owners to vest for development under King County standards Moratorium covers new sewer availabilities Annexation proponents prefer Renton development standards 2 Moratorium enacted in response to citizen group CARE In effect one year Council supported CARE request to let citizens determine election outcome prior to providing sewer outside the City Council indicated continued support through an election if the 10% petition was filed Moratorium expires June 5, 2006 Council held a public meeting Feb. 13 and accepted by resolution 10% petition Pending before the Boundary Review Board June 14 and 15 3 • . . No formal applications for sewer service pending 5-6 properties representing approximately 100 new units Informal discussions with Sewer Utility staff ..„ -1". )"gA' • "' 1 tit •Sii ' " X;J:441;CV : „ • .„ . • • s '4'11'„I. FZ,17;17:134.,. .."' - t • A.,-,;;;Hm • :" , "- • • •- = 7%,-,„ 1 " -reserve Our Plateau Annexation . Sewer Moratorium Extension Area 4 Different from Proposed Annexation Boundary Include several areas not included in the CARE petition Larger moratorium area is needed Some property owners outside petition boundary want to be added Boundary Review Board can change boundary 5% or, if jurisdiction invoked expansion could include much larger area No indication yet of where expansion might occur Renton land use single family-No multi-family Small increment of density (Renton is equal to or less density due to gross vs. net density) Road width Lot size and setbacks 5 Landscape standards Quality of road construction standards ( gravel base and thickness of asphalt) Standard curbs (rolled in County) Secondary access Parks mitigation BRB reviews and acts on annexation and boundary If King County requests extension of boundary Longer process and second public hearing • Within 30 days of BRB decision City indicates to County its preferred election date Earliest possible election date November 2006 or Early 2007 6 The Administration recommends that: Council extend the existing sewer moratorium for an additional six months Return to the Council in the six month time frame with schedule and recommendations • Allow registered voters in the area to determine the election outcome before next steps • • 7 al 611)f�c)6 6v,,L Famous words from Cityof Renton rans ortation Director P ICk 1.0 '-"In t) e C � When you become part of Renton, you will have high property taxes, some of the highest in the State. And you could find yourself like the people on my street—no street maintenance in 27 years and storm drains that don't work. It's OK to pay taxes, but don't expect anything in return. Nothing is too good for the mayor's developer friends, but look at my street. This could you in a couple of years: http://www.seanet.com/-wvebgir1IHighlands/lipstick.html --Inez Somerville Petersen, 425-255-5543 Original Message Subject:Re: Needed Street Maintenance- "Can Do" Attitude Date:Thu, 17 Nov 2005 11:00:42-0800 From:"Gregg Zimmerman" <Gzimmerman@ci.renton.wa.us To:"Inez Petersen" <webgirl@seanet.com Dear Inez : Just to be clear, there have been absolutely no directives to me from the Mayor or any other City Policy Maker regarding your request to perform improvements to the subject street . . . The Mayor's expectation regarding yours and all requests from the public is that we respond quickly, get in touch with the complainant, and use our best professional judgment regarding how to best to address the issue. If it was our professional judgment that this problem was of a high enough priority to push it ahead of other street problems on our list, the Mayor' s expectation is that we would fix the problem in its proper priority. However, it is Mike Stenhouse's and my professional judgment that this problem is not a higher priority than the other projects on our list for fixes either from the standpoint of health and safety concerns or from the standpoint of condition of the pavement . . . Gregg Zimmerman Gregg Zimmerman wrote: Dear Inez : The City Clerk forwarded a copy of your message to me . . . I feel called upon to respond. • Famous words from City of Renton Transportation Director 1) You are correct that the access road you refer to is a City street and is in less than perfect condition . . . 2) You are not correct that a few yards of left over asphalt will correct the situation . . . 3) What is needed to resolve the problem is . . . Both alternatives would involve fairly high costs. 4) Although we consider cost/benefits when evaluating a project, the cost of this project is not the main consideration . . . We have a large data base indicating the condition of [city] street segments on a 1 to 100 scale called the Overall Condition Index (OCI) . The higher the OCI rating, the better the condition of the street . . . Although the City' s streets' overall OCI rating is around 80, there are some segments of street with OCI lower than 50, and even in the 20 to 30 range. Streets with poor pavement condition that are heavily used are prioritized for early repair . . . These streets receive priority treatment for maintenance. Sincerely, Gregg ZimmeLman So the City of Renton has no money to fix my 27-year old street or the storm drains in that street. But it has money to pay the mayor, police chief, fire chief, and economic development manager a salary in excess of$10,000 a month. The mayor's CEO makes over $11K a month. The City can take $80K away from the library and give a federal lobbyist $77K. And it can spend money on an empty parking garage, millions for a pool the voters turned down twice, money for a skate park, and more money to improve the skate park, but it can't afford to maintain the sidewalks, storm drains, and roadways, not to mention address the crime in the City of Renton . . . and it wants to annex your neighborhood? If Renton can't take care of its citizens now, how is it going to take care of even more citizens? Your property tax revenue looks good to city leaders, but will you get your money's worth? The six homes on my street sure don't. timid d to t o f 4 i5/1-o tavrvutt 9j /, Proclamation to Speakers - I invite you to read this important Ow-m-1/4 information from Inez Somerville Petersen, 425-255-5543 By law, there can be NO conditions required to attend a public meeting, such as providing name and other information, or otherwise fulfilling any condition precedent to attendance. The Open Public Meetings Law is as follows: Chapter 42.30 RCW 030: All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency, except as otherwise provided in this chapter. 040: A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his attendance. The message is clear: A citizen is not required to fulfill any condition precedent to attendance at a public meeting. "Attendance" includes speaking during"audience comment" opportunities. What can't be prohibited at the door cannot be required at the podium. (-City attorney should know this. Signing up ahead of time, providing name, address, reason for speaking, spelling last name, etc., should be voluntary, not mandatory. I believe that the mayor is violating STATE LAW with her speaking rules which requires speakers to sign up ahead of time, providing personal information and topic, and then at the podium repeating the information again, SPELLING your last name. The minutes of the City Council can be written indicating Citizen#1, Citizen Jane Doe, etc. There is no need to alert the robbers in the town what a speaker's address and the fact that that person is not at home; there's enough crime in the town. There is also no valid justification for broadcasting this information on the television all week or posting it to the Internet for an undetermined length of time. Ask the City Council to please take action to protect your personal information and to require the mayor to follow the State Open Public Meetings Act. CITY OF RENTON COUNCIL AGENDA BILL AI#: R • Submitting Data: For Agenda of: June 5, 2006 411601 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Kathy Keolker, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Airport Advisory Committee Reappointments Ordinance Resolution Old Business Exhibits: New Business Study Sessions Airport Advisory Committee Member Reappointment Information List Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment LiAmount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Keolker appoints the members listed on the Airport Advisory Committee Member Reappointment List for terms as specified(see attached list). STAFF RECOMMENDATION: Confirm Mayor Keolker's reappointment of the members listed on the Airport Advisory Committee Reappointment List for their specified terms. Rentonnet/agnbiW bh Airport Advisory Committee Reappointments Kennydale Neighborhood Ms. Marleen Mandt, 1408 N. 26th St,Renton,WA 98056, for a three-year term that expires Alloy on 5/7/09. Ms. Colleen Ann Deal, 1415 N. 35th St, Renton,WA 98056, for a three-year term that expires on 5/7/09 (alternate). Highlands Neighborhood Mr. Michael O'Halloran, 4420 SE 4th St, Renton,WA 98059, for a three-year term that expires on 5/7/07. Talbot Hill Neighborhood Ms. Jennifer Ann Rutkowski, 515 S. 47th St, Renton, WA 98055, for a three-year term that expires on 5/7/08. Ms. Beverly Freer, 1300 S Puget Sound Dr,Apt. 231, Renton, WA 98055, for a three-year term that expires on 5/7/08 (alternate). South Renton Neighborhood Mr. Robert Moran, 425 Wells Ave S, Renton, WA 98055, for a three-year term that expires on 5/7/08. West Hill Neighborhood Roger Lewis, 415 Seneca Ave SW, Renton, WA 98055, for a three-year term that expires on 5/7/09. Renton Hill/Monterey Terrace Neighborhood Mr. Michael Schultz, 150 Monterey Dr NE,Renton, WA 98056, for a three-year term that expires on 5/7/07. Airport Leaseholders Kurt Boswell, Bosair, LLC,289 E Perimeter Rd, Renton,WA 98055, for a three-year term that expires on 5/7/08 (alternate). Michael Rice, Aerodyne, LLC,300 Airport Way, Suite 100, Renton, WA 98055, for a three- year term that expires on 5/7/08. Airport-at-Large Greg Garner, 1209 Lincoln PI NE, Renton,WA 98056, for a three-year term that expires on 5/7/09. Diane Paholke,325 Edmonds Ave SE, Renton, WA 98056, for a three-year term that expires on 5/7/07. Michael Rogan, 2055 Killarney Way, Bellevue,WA 98004, for a three-year term that expires on 5/7/09 (alternate). Kenneth Whitfield, 15125 SE 145th P1, Renton,WA 98059, for a three-year term that expires on 5/7/07 (alternate). The Boeing Company Jan Fedor, 1245 Sunrise PI SE, Issaquah,WA 98027, for a three-year term that expires on 5/7/08. Aircraft Owners and Pilots Association(AOPA) Jeffrey Davis, 10012 64th Ave S, Seattle, WA 98176, for a three-year term that expires on 5/7/09. r Karen Stemwell, P.O. Box 3365, Renton,WA 98056, for a three-year term that expires on 5/7/09 (alternate). f` CITY OF RENTON COUNCIL AGENDA BILL AI#: • 6 :Submitting Data: For Agenda of 6/5/2006 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie Walton, x6502 Agenda Status Consent X Subject: Public Hearing... X Street Vacation Petition,portion of N. 38th St. between Correspondence.. Meadow Ave. N. and I-405 Ordinance (Petitioner: James G. Tasca; File No. VAC-06-002) Resolution X Old Business Exhibits: New Business Petition, legal and map Study Sessions Resolution setting public hearing Information Recommended Action: Approvals: Set public hearing date of 6/26/2006, and refer to Legal Dept X Planning/Building/Public Works Administrator for Finance Dept recommendations Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF REQUEST: On March 30, 2006, a petition was submitted by James G. Tasca, 14806 SE Jones Pl., Renton, WA 98058, requesting vacation of an unimproved portion of N. 38th Street, between Meadow Ave N. and I- 405. The Planning/Building/Public Works Department has verified the-petition documents and reports that 100%of the abutting property owners have signed the petition. STAFF RECOMMENDATION: Adopt a resolution to set a public hearing on 6/26/2006, and refer the petition to the Planning/Building/Public Works Administrator for determination of advisability of the vacation and need for retention of easements. cc Karen McFarland Reference: 35.79 RCW&RMC 9-14 Nome March 21,2006 No. Karen McFarland Technical Services Section City of Renton Planning/Building/Public Works Department 1055 South Grady Way Renton, WA 98055 Re: Road Vacation:North 38th Street,North Meadow Ave to I-405 Dear Ms. McFarland: We are hereby submitting a Street Vacation Petition for a portion of North 38th street located immediately East of North Meadow Ave to I-405. The purpose of the vacation is to allow the development of Mr. Tasca's property to proceed with the maximum benefit to Mr. Tasca, the City of Renton and the neighborhood. Mr. Tasca is in the process of preparing the City of Renton's Pre- Application Submittals and Density Worksheet. This vacation serves the public benefit by removing unusable right-of-way, currently the local dump site, and replacing it with revenue generating housing. If you have any questions regarding this proposed vacation please call me at 425-226-4370 Thank you. Sincerely, )4z-74-ti_ Jim Tasca 14806 SE Jones PI Renton, WA 98058 425-226-4370 'ter vim-06_ 6aq crry Or RENTON MAR PETITION FOR STREET VACATION 3 E 006 IN THE CITY OF RENTON CITY CLERK'S O To the Honorable Mayor and Members of the City Council Date MARCH 10, 2006 City of Renton 1055 S. Grady Way Circulated By: James G. Tasca Renton, WA 98055 14806 SE Jones PI Renton, WA 98058 425-226-4370 Dear Mayor and Council Members: We, the undersigned property owners abutting a certain portion of public Right-of-Way, respectfully request the vacation of the street or alleyway as described on the attached "Exhibit A"and commonly known as: North 38th Street from North Meadow Ave to Interstate 405 We request a time and place be fixed when this petition will be heard by the City Council. Of the property owners abutting the area of this petition 100% of the lineal frontage have agreed and indicated their joining this petition with their signatures below: 7° 4, James G. Tasca James G. Tasca 425-226-4370 425-226-4370 3804 N Meadow Ave (NOT ASSIGNED) N Meadow Ave Renton, WA 98056 Renton, WA 98056 Parcel Number 3342700570 Parcel Number 3342700630 ti.r. The following Utility Systems Maps were checked on the City of Renton's webpage, http://www.ci.renton.wa.us/ : Capital Improvement Projects(5/12/2005) Sanitary Sewer System(7/1/2005) Sewer Service Districts (11/18/2004) Storm& Surface Water(5/12/2005) Water System(5/12/2005) No Utilities, inside the area of the Requested Vacation, were found on the Maps above and no signs of Utilities or other Easements are apparent at the site. Parcel Number 3342700570 Lot Area 20,570 SqFt 2006 Tax Information Land Value: $ 175,000 Improvement Value: $ 57,000 Tax: $ 2,771.26 Parcel Number 3342700630 Lot Area 6,900 SqFt New 2006 Tax Information Land Value: $ 138,000 Improvement Value: $ 0 Tax: $ 1,648.42 Exhibit A Legal Description In the City of Renton, King County, Washington That portion of North 38th Street lying East of North Meadow Ave and West of Interstate 405, all in the NW-1/4 Section-32 Township-24 Range-5E Map Exh;blipit. .r.,u 1o :,--, ir -if,:r.::':::',:7i-i-if , iti ,- - -- .-, -.A4 ill .1. erce Is ant . - ... ' R .,4-.;ecq,1-.-,,,,, ) jia:4 n'''''N ,7,-.A Lake Boren, • C '1 1 ) '4, / 1 ' ' Newcastle . . . . . . .. „ , •. ,0 A: ' - —‘,11-0- ,..__ asei,,,,c1 .'1,--1. .- - LANE 2 ; 1144,1111/VT-6W -4 1,...„.,..... ,...... .....,..,-____- .....,.. , .., ,. * , . A .-4-.J.. ... .1,1: .-.7,_ • ,. . .,„ •, —44i.,- In-- — 2 - ! ... I - - •t.-t-- ... ,k ,. . ' : 4.j,::' 1 -- •';'"1/4,(..J. . 4.47,:,..: - • ';.-74:11., 1 , -t.;- ...:0 1,' •:- _ ::;.•-'im ";i1446.41"killek N . < • ,'.. „! .. ,, ,.", ' ' , f,' ' "4,L'Atrti, 104;114!t.. ", ' - • ' ' MN iv , 1 Tok-;'.0--0-10 fierak.,.;„.. .„z,„6:7,-, •r . , .' ,1. . ,.. - i .....,,...,,,L.,....i. . if. ,,,4- olgaine edarover .11„e:4:1.. err, -,, -,..1„,, 4• ..,..,.,..1, . • I • 44,4,14060 ,....t 'ti i . '- - - 330700638 . , • *411110e 3342700568 . .: . I Z W .' < ' , Parcel Number 3342700570 ; , , Sit 3342700518 0 < W - M , N 38TH ST LOCATION OF X t( QUESTED VACATTW in ' kg I Parcel Number 3342700630 334210049T ,. 3,14271o21 Now CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A HEARING DATE TO VACATE A PORTION OF N. 38T7 STREET BETWEEN MEADOW AVENUE N. AND I-405 (JAMES TASCA,PETITIONER; VAC 06-002) WHEREAS, a Petition has been filed with the City Clerk of the City of Renton on or about March 31, 2006, pursuant to the requirements of RCW 35.79, petitioning for the vacation of a portion of N. 38th Street between Meadow Avenue N. and 1-405, as hereinafter more particularly described, and said petition having been signed by the owners of more than two- thirds (2/3) of the property abutting upon said street sought to be vacated, and same being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein [A portion of N. 38th Street between Meadow Avenue N. and I-405]. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L That the 26th day of June, 2006, at the hour of 7:00 P.M. at the City Council Chambers at City Hall, Renton, King County, Washington, is hereby fixed as the time and place for a public hearing to consider the aforesaid Petition for vacating a portion of N. 38th Street between Meadow Avenue N. and I-405, which said hearing date is not more than sixty nor less than twenty days from the date of passage of this Resolution. SECTION IL The City Clerk is hereby authorized and directed to give notice of the time and date of this hearing as provided by RCW 35.79.020 and any and/or all persons interested therein or objecting to this vacation may then appear and be heard thereon, or they 1 RESOLUTION NO. may file their written objections thereto with the City Clerk at or prior to the time of hearing on the vacation. SECTION III. The City Council shall determine, as provided by RCW 35.79.030, as to whether an appraisal shall be secured to determine their fair market value of the property sought to be vacated as provided for in Ordinance No. 4266, and the amount of compensation to be paid by the Petitioner-Owners to the City for such vacation. The City likewise reserves the right to retain an easement for public utility and related purposes. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk New APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1188:5/30/06:ma 2 Exhibit A Legal Description In the City of Renton, King County, Washington That portion of North 38th Street lying East of North Meadow Ave and West of Interstate 405, all in the NW-1/4 Section-32 Township-24 Range-5E 'Noes Map Exhibit r e' \erC-er rs[an ,4.1 �:. ' -,. 1' •. ;; ,.' :},,'>f..> Lake Bo, -e> r ,: 4 lad&P astie ' LANE T -' s .a UASHINGTON (� ! ) {`-- fs , \ " * `; j - ,' , Jt ;.i {t ..i -r ''''t . , + edar River ti >C y; `— , a i 3342100558 4111110e 3342700508 W 4 Parcel Number 3342700570 5/7 3342700518 4in Q IiW } N 38TH ST LOCATION OF p� QUESTED VACATT Parcel Number 3342700630 3342700497 3342100621 erre CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: For Agenda of: June 5, 2006 kiwi Dept/Div/Board: Community Services/Facilities Staff Contact: Peter Renner, Facilities Director Agenda Status Ext. 6605 Consent X Subject: Public Hearing. Lease Amendment with Engenio Information Correspondence. Technologies, Inc. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Lease Amendment Information Recommended Action: Approvals: Refer to Finance Committee Legal Dept x.... Finance Dept.x... Other Fiscal Impact: Expenditure Required... $7,881.56 Transfer/Amendment Amount Budgeted Revenue Generated Up to an additional $105,087.48 over the one-year life of Total Project Budget the amended lease g City Share Total Project One-year SUMMARY OF ACTION: Engenio Information Technologies, Inc., a tenant on the third floor of the 200 Mill Building, requested an amendment to their original lease, which ended April 30th, 2006. The amendment would extend the lease for an additional year with the right of termination after the first six months. The business terms of the proposed Lease Amendment have been favorably reviewed by our real estate team and by City staff. Business terms also include a brokerage fee of 5% to Engenio's representing broker, Studley Real Estate Services, and 2.5% to our Property Manager, GVA Kidder Matthews, for a total of$7,881.56. This cost will be paid from the Rental Account. STAFF RECOMMENDATION: Approve an extension of the Lease with Engenio Information Technologies, Inc., for the third floor of the 200 Mill Building and authorize the Mayor and City Clerk to sign the amendment. C:\Documents and Settings\mpetersen\Local Settings\Temp\AgBill052206Engenio.doc 5/31/2006 5:26:48 PM (SY & �‘ft COMMUNITY SERVICES DEPARTMENT MEMORANDUM DATE: June 5, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: 4athy Keolker, M74- FROM: FROM: TerryHi ashi ama, Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext. #6605 p✓' SUBJECT: Lease Amendment with Engenio Information Technologies,Inc. Issue: Should the Council authorize the Mayor and the City Clerk to sign a Lease Amendment with Engenio Information Technologies, Inc., for space on the third floor of the 200 Mill Building? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease Amendment. Background: • Engenio Information Technologies, Inc., then doing business as Syntax Systems Inc., signed an original five-year lease with the City for the full third floor of the 200 Mill Building(6,005 rentable square feet) in April 2000. The lease was structured as a full-service lease, with the City providing all utilities, custodial and janitorial services, and property insurance inclusive in the rent. • In 2005, their exact business unit plans being unknown, Engenio requested an amendment to the lease to extend the original lease agreement for a one-year period, with a right of early termination after six months. • That Amendment has expired and Engenio is requesting another amendment with the same terms and conditions. • The business points of the proposed amended lease are as follows: o Rent will continue at its current amount of$8,757.29 per month. o The lease rate is $17.50 per square foot. This rate is somewhat above current market rates but consistent with such a short-term agreement. o The brokerage fees total of$7,881.56 would be payable from the Rental Account. o In the event of early termination the tenant will repay the unamortized portion of the brokerage fee. o There are no other change requests. Conclusion: Cooperatively extending Engenio's lease term for up to a one-year period meets their business needs and provides the City with continuing cash flow. It also improves the 2006 GVA Kidder Matthews Management Proforma, which originally included $117,000.00 for brokerage fees and tenant improvements, on the presumption of the need for a replacement tenant for the Engenio space. cc: Jay Covington,Chief Administrative Officer Michael Bailey,Finance&IS Administrator Larry Warren,City Attorney H:\Peter Renner 2006\InfoPaperEngenioLAmend0506.doc 5/17/2006 2:03:07 PM %Ne SECOND AMENDMENT TO LEASE This Second Amendment to Lease(the"Second Amendment")is entered into as of this 'day of April 2006 by and between The City of Renton,Washington,a Washington municipal corporation("Landlord") and Engenio Information Technologies,Inc.,a Delaware corporation("Tenant"),with reference to the following recitals. A. On or about April 5,2000 The City of Renton,Washington,a Washington municipal corporation("Landlord")and Tenant's predecessor, Syntax Systems Inc.,a Washington corporation("Syntax"), entered into an Office Lease(the"Original Lease") for that certain premises commonly know as Suite 300(the Original Premises")located on the third floor of the 200 Mill Avenue South,Renton,Washington(the"Building"). On or around June,2004,LSI Logic,Inc.,acquired Syntax,and Syntax assigned its interests to Engenio Information Technologies,Inc,a subsidiary of LSI Logic Inc. The Lease was amended by the First Amendment to Lease dated March 30,2005. The Original Lease and First Amendment are hereinafter referred to as the"Lease". Pursuant to the Lease, Tenant now leases Suite 300 comprising approximately 6,005 rentable square feet in the Building(the"Premises"). B. Tenant and Landlord hereby agree to extend the Term of the Original Lease and define the Minimum Monthly Rent defined in Article I (i)of the Original Lease. C. Landlord and Tenant wish to amend the Lease on the Lease on the terms and conditions set forth below. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. "Extension of Lease Term." Effective upon full execution of this Second Amendment to Lease, the Term of the lease shall be extended by twelve months from May 1,2006 to April 30,2007. The Expiration Date shall be April 30,2007. 2. "Minimum Monthly Rent". Effective May 1,2006,the Minimum Monthly Rent shall be$8,757.29 per month,payable in accordance with Article 5 of the Original Lease. Tenant shall continue to pay the scheduled Minimum Monthly Rent through April 30, 2007. Period Monthly Amount May 1,2006—April 30,2007 $8,757.29 per month 3. "Termination Option". Notwithstanding anything to the contrary contained in this Lease Amendment,Tenant shall have the right to terminate the Lease after the 6th month of the Extended Term(after 10/31/06)by providing Landlord written notice of lease termination,and a Termination Payment equal to the unamortized cost of brokerage fees related to this transaction,amortized at eight percent(8%)over the 12 month term, at the time notice of termination is provided to Landlord. Example, if Tenant provides written notice to terminate the lease,and the Termination payment on November 20,2006,the Lease shall terminate at the conclusion of three months and any partial month(in this case,February 28,2007— part of the month of November,December,January and February of 2007),after notice of termination is submitted and received by Landlord. In the event notice is not received,the lease shall remain in full force and effect through the Expiration Date,April 30,2007. 4. "Improvements." Tenant hereby accepts the Premises on an"as is,where is"basis with no obligation of Landlord to provide any tenant improvements to the Premises. 5. "Notices". All notices pursuant to the Lease for Tenant,effective May 1,2006 shall be sent to the following address: Engenio Information Technologies,Inc.,a Delaware corporation, 1621 Barber Lane,M/S AD249,Milpitas,CA 95035,Attn:General Counsel 6. "Confidentiality." Tenant agrees not to disclose the terms and conditions of this Second Amendment to any person or entity other than its attorney,including,but not limited to the other tenants of the Building. Nothing contained in this section shall prevent Tenant from producing this Second Amendment in a legal proceeding if such production is legally required of tenant, 7. "Conflict." If there is a conflict between the terms and conditions of this Second Amendment and the terms and conditions of the Lease,the terms and conditions of this Second Amendment shall control. Except as modified by this Second Amendment,the terms and conditions of the Lease shall remain in full force and effect. Capitalized terms included in this Second Amendment shall have the same meaning as capitalized terms in the Original Lease unless otherwise defined herein. 8. "Authority". The persons executing this Second Amendment on behalf of the parties hereto represent and warrant that they have the authority to execute this Second Amendment on behalf of said parties and that said parties have the authority to enter into this Second Amendment. 9. `Brokers." Landlord and Tenant acknowledge that GVA Kidder Mathews represented the Landlord is this transaction and Ham Southworth and George Fox of Studley Real Estate represented the Tenant. In the event this lease extension is fully executed by Landlord and Tenant,Landlord will pay Studley Real Estate Inc. a brokerage fee equal to five(5%)of the minimum rent payable over the 12 month lease term. IN WITNESS WHEREOF, the parties hereby execute this Second Amendment as of the date first written above. LANDLORD The City of Renton,Washington,a Washington municipal corporation By: Kathy Keolker-` Its: TENANT Enge 'a Information Tedhnologies,Inc.,a Delaware corporation •y: Its: \; L a. %C ItYlc4 7. By: Its: fir' LSI Logic Legal Department Date:April 24,2006 Approved as to form Margaret Bang Nn" ,Ap roved by Real Estate Date: ezei r/Z '5 I I CITY OF RENTON COUNCIL AGENDA BILL AI#: t7 • Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Development Services Division June 5, 2006 Staff Contact Kayren Kittrick (x7299) Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Temporary Road Closure of Hoquiam Avenue NE from Ordinance NE 7th Place to NE 9th Street Resolution X Old Business Exhibits: New Business X Issue Paper Study Sessions Vicinity Maps with Proposed Detour Routes Information Resolution Recommended Action: Approvals: Legal Dept Refer to Transportation Committee Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted N/A Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Hoquiam Ave NE project consists of building, improving/widening the existing street, and providing sewer, storm water and water main improvements for Wedgewood Lane Division SII plat development. Since the construction will be limited to a strict time for completion and to help lower construction costs, the Development Services Division is requesting a full temporary closure of Hoquiam Ave NE from NE 7th Place to NE 9th Street. Traffic for both directions will be detoured on to NE 7th Place, Field Ave NE and NE 9th Street roadways. The estimated duration of the closure is five days. The temporary road closure will take place between the dates of June 26, 2006 and June 30, 2006. STAFF RECOMMENDATION: Authorize the temporary closure of Hoquiam Avenue NE from NE 7th Place to NE 9th Street and adopt the resolution authorizing the temporary closure. HADivision.s\Develop ser\Plan.rev lArneta\Hoquiam Ave NE Closure Agenda Bill doc `SY O'et" PLANNING/BUILDING/ti + es ♦ PUBLIC WORKS DEPARTMENT �-4>Nr-vo� MEMORANDUM DATE: June 5, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Gregg Zimmermai'i; kdministrator STAFF CONTACT: Kayren Kittrick, Project Manager(x7299) SUBJECT: Temporary Road Closure of Hoquiam Ave NE from NE 7th Place to NE 9th Street ISSUE: Nor, Should the City allow a full temporary road closure of Hoquiam Ave NE from NE 7th Place to NE 9th Street as part of the construction of the Wedgewood Lane Division II plat? RECOMMENDATION: Authorize the temporary closure of Hoquiam Ave NE from NE 7th Place to NE 9th Street and adopt the resolution authorizing the temporary closure. BACKGROUND SUMMARY: The Hoquiam Ave NE project consists of building, improving/widening the existing street, and providing sewer, storm water and water main improvements for Wedgewood Lane Division II plat development. The road closure is necessary to complete the full-width road restoration work in a timely manner. With the road closure, it is estimated the project will take 3 to 5 days to complete. However, without the ability to close the road and complete the work all at once, it is estimated it would take almost two weeks to complete the same work. One lane would be closed in each direction during this time, causing increased inconvenience to the surrounding residents, as well as increased cost due to the additional traffic control Randy Corman,Council President Members of the Renton City Council Page 2 of 2 June 5,2006 *441101 and safety measures that would be required each night and weekend when no one will be present to direct traffic. Allowing construction of the improvements on Hoquiam Ave NE while it is closed to traffic permits the contractor to build the improvements easier and quicker compared to building the improvements simultaneously with traffic on the roadway. This would be a great benefit by allowing the project to maintain the construction deadline and lower the construction cost. The work has been scheduled after the Hazen High School year and before summer school starts. All lanes of Hoquiam Ave NE will be closed during its reconstruction. Traffic for both directions will be detoured onto NE 7th Place,Field Ave NE and NE 9th Street roadways. The estimated duration of the closure is five days. The rest of the project can be constructed without any major traffic impacts. The temporary road closure will start on Monday, June 26th. Per City Code, the public will have advanced notification of the closure dates prior to construction beginning, and updates as the construction progresses. Signs will be erected as well as notifications in the Renton Reporter and the King County Journal to notify the public of the projected closure. Attachments cc: Peter Hahn,Deputy PBPW Administrator-Transportation Neil Watts,Developments Services Director Arneta Henninger,Engineering Specialist, Development Services H\Division s\Develop ser\Plan rev\Arneta\Hoquiam Ave NE Issue Paper doc t -21,'''-...j 1' ,'" `.. ..* 1.. 1 , 3,t or*ivk * *,4". '''.!:e4 .v. r) :ri tow •' . ',, .. 3 ti.!, tr , A .,... 0 .1. 1?. ' ,,-!..*. . ,,,.,.. -',41,,,,,,fr" .. :. .?----- a ., 4 161.' :,,'N‘, 4 ' i ,C,""' - (.0,') H 0 ,I, 0 .7 I 4 54: r, A * ',.., -,...... ,Ix UI „. z " N ......_ gia ! ,-..! _....„....___, Nielot * i . .1 i • , 1 0,• ,..., 1, am e i_it . . 1 SP Treii I . *' , ...„ 1•11, _ .."7z s $.E. 118 i ST, 1 ? 1 ( MINI I- 1 all i a: . 4 ,4•30 il — I T an . ..o•o) : , 1... „,..: ..„ , ...,.. ,. . ,_.••_, „_, " I--- , . , i ,IB i .fo I 4130 f i .--, i 42) I f 14 _......._ . ,..,. 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NOT TO 5CAL,E ...::- ,--, j yw� +'hM'`t ^ ... t s'" �� z - �� �_ HOQUTA W AVE R NU 44 , ROAD CLOSURE PLAN wwwr. mF3�ray*, r+'->`: * ,� ` ROAD ra K ad €` , t ,�f ) �• i {� S:' sxr NOTICOSURE �Closure 4 y r, r t i X ��"" �' HOQU • UIM CLOSED E 60 be pOSEBd Z weeks iii �»+ iwwe , 4 :'.• 4.1-,.-•:•,,'„.t-4.---',--:',,, a 7 BETWEENNE7TH p110r• b0C0(15buctjo1 1 � � � AND NE 9TH start ri .w . �"� ;� � 6IZ6.6l30 y ,c,1,.. ' f' V� t u"� IYR: ry'F 1.;--' e V ""," . ,M i4.‘,7,4‘•-:,:-."-;',7", LOCAL ROAD kt p r �� y i ONLYCLOSED ., r ,� TRAFFIC ^u, V ''..04, 1 AREA RQAD w • CLQSURE FQR _ •, i*i'4 ��csi!`i' 1 t . y 9 p f� V "..;r1'.."-"5.7 ,3 y s tl S 1.qt-y. • u' Y N�7TH Pc ( ; i pp 4, �: F .r ^ f,. E LAS Y• 4 H • th,,,,,, st (NORTH60UP�DETW } EfmST u W �� Rte) 4.? ice. .� , �'p .� G }, .,'4." - i.,, .,� a. ceouR Q 5 jSOHJ i r'� C v. k tt -vv NE STl1 . ,4= NF 4TH ,ST �,,,, CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE TEMPORARY TOTAL CLOSURE OF HOQUTAM AVENUE NE FROM NE 7TH PL. TO NE 9TH ST.,FROM JUNE 26,2006, TO JUNE 30,2006. WHEREAS, Hoquiam Avenue NE is scheduled for sewer and storm water installation and pavement improvements; and WHEREAS, this construction activity will require a temporary street closure along Hoquiam Avenue NE from NE 7th Pl. to NE 9th St.; and WHEREAS,to facilitate this construction and allow for a safe condition for both vehicles and pedestrians it is necessary to do this work under a temporary street closure; and lbw WHEREAS,this temporary street closure will take place between June 26, 2006, and June 30, 2006, to be extended depending upon weather conditions; and WHEREAS, pursuant to City Code Section 9-9-3 the City Council is to authorize such closures by means of a Resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION IL The City Council does hereby authorize the temporary closure of Hoquiam Avenue NE from NE 7th Pl. to NE 9`h St., to occur during the period June 26, 2006, to June 30, 2006, to be extended upon weather contingencies, to allow the contractor to construct ,,. the roadway and utility improvements. 1 RESOLUTION NO. 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.1187:5/30/06:ma 2 t,w�t 11Ue11 AVE ROAD CLOSURE PLAN i� ;y ' w ROAD CLOSURE - - r T A NOTICE: Road Closure Notice ; No 1 HOQUTAM CLOSED m postedwee1 ' 7 _*�+ .'x `i Ni 1 BETWEEN NE 7TH p1101 k)construction .—.-?. '�� AND NE 9TH �� } 1.:. - - r. ,,., 6126.6!30 r mss' 1i , w // T A LOCAL 2 1......111/ / ' TRAFFIC ROAD .........• CLOSED ONLY iia I. 4:4n- . r r., „, -. f n �'r{ ,.t.._ G is NORTH Te ; (NORTHBOUND DETOUR ROUTE) )1 ij SOUME 'g', 1111111::.,: :r'::',.:''''''' TH I :'t i= _ �/ (SOUTHBOUND DETOUR L - - ROUTE) Z . ..- a _ ,; `, T ax e CITY OF RENTON COUNCIL AGENDA BILL AI#: 6, , A , Submitting Data: Planning/Building/Public Works For Agenda of: June 5,2006 Dept/Div/Board.. Development Services Division Staff Contact Arneta Henninger X7298 Agenda Status Consent X Subject: Public Hearing.. PARKSIDE FINAL PLAT Correspondence.. Ordinance File No.: LUA 06-047FP(Preliminary Plat LUA 04- Resolution X 155) Old Business Exhibits: New Business 1. Resolution and legal description Study Sessions 2. Staff report and Recommendation May 25, 2006 Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Loo Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 2.76 acres into 15 single family residential lots with water, sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved and accepted or deferred(and a security device posted) as required through the Development Services Director prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Parkside Final Plat, LUA 06-047FP,with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. I:\Terr plates\AGNBHPII.doc/ CITY OF RENTON, WASHINGTON 'o""' RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT(PARKSIDE; FILE NO. LUA-06-047FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest;and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION IL The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth (The property, consisting of approximately 2.76 acres, is located in the vicinity of Name Blaine Avenue NE and NE 24 Street) 1 �rnr RESOLUTION NO. is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated May 25, 2006. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1186:5/29/06:ma 2 EXHIBIT A LEGAL DESCRIPTION TRACT 236, C.D. 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DEVELOPMENT SERVICES DIVISION " '' BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Keith and Annette Demps Parkside Final Plat (Preliminary Plat LUA 04-155PP) File: LUA 06-047FP LOCATION: Blaine Ave NE and NE 24th St Section 5,Twp. 23 N.Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 15 single family residential lots with water, sewer, storm, streets and lighting. RECOMMENDATION: Approve With Conditions FINDINGS,CONCLUSIONS&RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: °roe FINDINGS: 1. The applicant,Keith and Annette Demps, filed a request for approval of a 15 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on February 1,2005, for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at Blaine Ave NE and NE 24th St. The new plat is located in Section 5, Twp. 23 N. Rng. 5 E. 6. The subject site is a 2.76 acre parcel. 7. The Preliminary Plat received City of Renton Council approval on April 11, 2005. 8. The property is located within the R-8. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1. a. The applicant shall prepare and submit a Temporary Erosion and Sedimentation Control Plan (TESCP)pursuant to the standards of the Department of Ecology and a Construction Mitigation Plan. Development Services staff shall review both plans prior to issuance of Construction Permits. The applicant/contractor shall comply with the approved plans to the satisfaction of the representative of the Development Services Division for the duration of the project's construction. The applicant adhered to provision for temporary erosion control plan prepared exclusively for the site. b. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site. Certification of proper removal of erosion control facilities has been accomplished by the Owner and City inspector. c. Certification of the proper removal of the erosion control facilities shall be required prior to the recording of the final plat. Certification of proper removal of erosion control facilities has been accomplished by the Owner and City inspector. 2. The applicant shall comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control)and water quality improvements. The storm drainage was designed in accordance with the 1998 KC Surface Water Design Manual,Level 2. 3. The applicant shall pay the applicable Parks Mitigation Fee based on a rate of$530.76(14 x $530.76= $7,430.64)per new single-family lot with credit given for the one existing single- family residence,prior to the recording of the final plat. The applicant is arranging for payment of Park Mitigation Fees. 4. The applicant shall pay the applicable Traffic Mitigation Fee based on a rate of$75.00(14 x 9.57 = 133.98 x$75.00=$10,048.50)per each new additional trip generated by the project with credit given for the one existing single-family residence,prior to the recording of the final plat. The applicant is arranging for payment of Traffic Mitigation Fees. 5. The applicant shall pay the applicable Fire Mitigation Fee based on a rate of$488.00(14 x $488.00 = $6,832.00)per new single-family lot with credit given for the one existing single- family residence,prior to the recording of the final plat. The applicant is arranging for payment of Fire Mitigation Fees. 11. In addition,the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The applicant shall comply with the ERC conditions. The applicant has complied with the ERC conditions. 2. The applicant shall be required to show all setbacks of the existing residence on Lot 15 for review and approval of Development Services Project Manager prior to the recording of the final plat. Setback for existing residence on Lot 15 is reflected on the final plat. NINO 2 PARKSIDEFP.DOC/ 3. The applicant shall revise the setback shown along the private access easement to show 5-foot side yard setbacks,for Lots 11 and 12,for review and approval by Development Services Project Manager prior to the recording of the final plat. Setback for private access easement to show 5-foot side yard setbacks for lots 11 and 12 are shown on final plat. 4. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements, including landscaping, utilities, storm water facilities,private easements, etc.A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. The applicant has chosen the maintenance agreement instead of homeowner's association. A note is placed on the face of the plat to cover this item. 5. The applicant shall place a note on the face of the plat that Lot 11 and 12 shall be required to have a shared driveway for review and approval by Development Services Project Manager prior to the recording of the final plat. A note added to the final plat with respect to that lot 11 and 12 shall be required to have a shared driveway. 6. The applicant shall be required to have all drainage facility maintenance agreements and easements ready to record,prior to final plat approval. The satisfaction of this requirement is subject to the review and approval by Development Services Project Manager prior to the recording of the final plat. A note was added to the final plat with respect to the drainage maintenance agreement. Niue The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All fees shall be paid prior to the recording of the plat. 2) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. SUBMITTED THIS 25TH DAY OF MAY,2006 die DEVELOPMENT SERVICES DIVISION 'vary 3 PARKSIDEFP.DOC/ EXHIBIT A LEGAL DESCRIPTION TRACT 236, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO.4, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 82, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 85 FEET OF THE SOUTH 150 FEET THEREOF,• AND EXCEPT THE WEST 96 FEET OF THE SOUTH 150 FEET THEREOF,• AND EXCEPT THE NORTH 90 FEET OF THE SOUTH 240 FEET OF THE WEST 96 FEET THEREOF. • ' 1 6J 1 it 1 - + j , ,I �.{y /, I 771,CF` --67-r---1-----7. i•- -�� ---L-- ----`_- --- -'�°. 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Submitting Data: For Agenda of: 6/5/06 Li Dept/Div/Board.. EDNSP Staff Contact Norma McQuiller X6595 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. First Round of 2006 Neighborhood Grants Ordinance Resolution Old Business Exhibits: New Business Issue Paper with project descriptions Study Sessions Information Recommended Action: Approvals: Refer to Community Services Committee Legal Dept....X.... Finance Dept....X... Other Fiscal Impact: Expenditure Required... $12,769 Transfer/Amendment Amount Budgeted $50,000 Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Three project applications and three newsletter applications were submitted for the first round of neighborhood program funding. Staff evaluated each request against established criteria. Three project grants and three newsletter grants are recommended for funding. STAFF RECOMMENDATION: • Approve three 2006 Neighborhood Grant project applications and three newsletter applications totaling$12,769. • Conduct a second 2006 Neighborhood Grant application round of funding with a deadline of September 29, 2006. Rentonnet/agnbill/ bh try 0� ECONOMIC DEVELOPMENT, + rs . NEIGHBORHOODS, AND STRATEGIC • PLANNING DEPARTMENT MEMORANDUM11 re DATE: May 18, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: PrKathy Keolker, Mayor FROM: Alex Pietsch, Administrar L�P STAFF CONTACT: Norma McQuiller, ext. 6595 SUBJECT: 2006 First Round Grant Applications ISSUE: Do the six grant project applications submitted,which includes three newsletter grants, comply with the City of Renton's Neighborhood Program objectives and should they be approved? Nose RECOMMENDATION: Council approve three project and three newsletter applications totaling$12,769 and authorize a second 2006 application round ending September 29, 2006. BACKGROUND SUMMARY: The City Council appropriated$50,000 in the 2006 Budget for the Neighborhood Grant Program. The six grant applications received in this round total $12,769 and are shown in the attached table. The following criteria were used to evaluate projects to determine if the objectives of the Neighborhood Program are met: o Project size, location, and complexity are appropriate for neighborhood group, with a realistic budget. o Documentation shows neighborhood participation and adequate volunteer labor reflecting community support for the project and includes maintenance after project completion. o Physical improvements are visible and benefit a larger area of a community. o Neighborhood program objectives including neighborhood networking, stimulating self-help, and neighborhood organization are met. o Sufficient matching funds exist through sweat equity, cash, or donated labor/materials. 1 Of the six grant applications,the Grant Review Team recommended all six be funded based on the above criteria. Neighborhood Requested Recommended Amount Amount Project Grants Heritage Garden Estates HOA $7,225 $7,225 Clover Creek HOA $2,722 $2,722 Talbot Hill Neighborhood Association $2,165 $2,165 Newsletter Grants Nautica by the Lake $82 $82 Rolling Hills HOA $300 $300 Talbot Hill Neighborhood Association $275 $275 Totals $12,769 $12,769 Note: The above amounts are rounded to the nearest dollar CONCLUSION: The Neighborhood Grant Program continues to be very successful. Thirty-one neighborhoods have used the program to fund 60 project grants and 24 newsletter grants to date. cc: Jay Covington,Chief Administrative Officer Ben Wolters,Director Norma McQuiller,Neighborhood Coordinator Michael Bailey,Administrator 444110 2 Neighborhood Grant Total Project Meets objectives of Neighborhood Request Project Program Cost Heritage $7,225 $14,450 Detention Pond Landscaping Yes Homeowners' Detention pond is located on Beacon Way. Residents will Rototill Association area, remove debris and plant 76 Leyland Cypress and stake each plant with a 6 ft. lodge pole Clover Creek $2,722 $5,444 Right of Way Improvement Yes Homeowners' includes Remove existing weeds and blackberries along the right of way on Association sweat Lake Washington Blvd and Burnett. Plantings include a mix of equity Heavenly Bamboo, Thuja Emerald Green and Blue Fescue Grass. Beauty bark and crushed rock will be added to enhance the area. Talbot Hill $2,165 $4,330 Project is located at SW corner of SR 515 (Benson Rd.) and S. 16th Yes Neighborhood includes Avenue. Phase III of project would continue to landscape in the Association sweat area in front of the neighborhood entrance (coal car) sign. This equity includes planting Juniper tams, adding bark and solar lighting, which will be anchored in cement to prevent possible theft. Nautica by the $82 N/A Newsletter Yes Lake Annual printing expenses for a newsletter printed six times a year and distributed at newsletter box at mailbox kiosk. Rolling Hills $300 N/A Annual printing expenses for a monthly newsletter distributed door- Yes Homeowners' to-door. Association Talbot Hill $275 N/A Annual printing expenses for a newsletter printed twice a year and Yes Neighborhood distributed door-to-door. Association Total $12,769 $24,224 3 CITY OF RENTON COUNCIL AGENDA BILL . r I AI#: 6 j- Submitting Data: For Agenda of: June 5, 2006 Dept/Div/Board.. EDNSP Staff Contact Rebecca Lind(ext. 6588) Agenda Status Consent X Subject: Public Hearing.. 2006 Comprehensive Plan Amendments and Associated Correspondence.. Areawide Rezones Ordinance Resolution Old Business Exhibits: New Business Issue Paper with attachments: Study Sessions • Project Statements and Maps for Four Private Information Amendments • Project Statement and Maps for City Initiated Map Amendments • City Initiated Text Amendments Summary Recommended Action: Approvals: Refer to Planning and Development Committee and Legal Dept Planning Commission Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City received four private comprehensive plan amendment requests and six city-initiated requests, consisting of two map amendments and four text amendments for the 2006 review cycle. STAFF RECOMMENDATION: Place the 2006 Comprehensive Plan amendment requests and associated areawide rezones on the work program of the Planning Commission, with staff recommendation to be presented to the Planning and Development Committee later in the review process. C:\Docurnents and Settings\mpetersen\Local Settings\Temp\Agenda bill revised_doc ECONOMIC DEVELOPMENT, 'NNW 009 6 NEIGHBORHOODS, AND STRATEGIC ' + PLANNING DEPARTMENT MEMORANDUM DATE: May 19, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor Cc � FROM: Alex Pietsch,Administrator • STAFF CONTACT: Rebecca Lind,Planning Manager(ext. 6588) SUBJECT: 2006 Comprehensive Plan Amendments ISSUE: Should the City Council initiate the 2006 annual Comprehensive Plan amendment review process? *law RECOMMENDATION: Refer the amendments listed below to the Planning Commission and the Planning and Development Committee. BACKGROUND SUMMARY: The Growth Management Act limits processing of Comprehensive Plan amendments to an annual review cycle. The Renton Municipal Code requires Planning Commission review of these amendments, and requires a Commission recommendation to the City Council. The public review process will begin at the Planning Commission upon referral of these amendments. Requested map amendments are summarized in the attached materials. Staff recommendations are not yet prepared, and will be made in more detail to the Planning Commission. #2006-M-1: Wan Chee Requested map amendment to change from Neighborhood Commercial/Single Family to Neighborhood Commercial with R-8 zoning. NE 1315 N 30th St. #2006-M-2: Susan Larson-Kinzer Requested map amendment to change from Resource Conservation to Residential Single Family with R-8 zoning. 1733 N.E. 20th St, Kennydale Blueberry Farm. New H:\EDNSP\Comp Plan\Amendments\2006\Referral Issue Paper 2006revised.doc Randy Corman,Council President Page 2 of 2 May 5,2006 #2006-M-3: Manuel Rivera(Patrick Hanis, Hanis Greaney Attorneys) Requested map amendment to change Residential Multi-Family to Commercial Corridor with Commercial Office zoning. 851 Carr Road. #2006-M-4: Springbrook Associates (Cliff Williams,Vineyards Construction) Requested map amendment to change Medium Density Residential to Commercial Corridor with Commercial Office zoning. 244,807 sq. ft parcel located between S. 37th Street and S. 38th Court, east of Talbot Road. #2006-M-5: City of Renton Requested map amendment to change the area within the Puget Colony neighborhood from Residential Single Family to Residential Low Density with R-4 zoning. #2006-M-6: City of Renton Requested map amendment for changes in the Center Village land use designation in the Highlands. This review will consider whether to expand the Center Village land use designation to include an area to the north of 16th St. that is now within the Medium Density Residential land use designation. This area currently has R-10 zoning. A zoning change would be considered if the City Council adopts the proposed Center Village Residential zoning text amendments now pending before the completion of the 2006 CPA review process. If proposed zoning text amendments are not approved, the zoning for this area would remain R-10. The review will also consider amending the existing Center Village mapped area to remove several areas south of Sunset Blvd to re-designate them as Residential Multi-Family Infill with RM-F zoning and Single Family Residential with .4001 R-8 zoning. #2006-T-1: City of Renton Requested text amendment to update Capital Facilities Element to incorporate adoption of Issaquah School District Capital Facilities Plan. #2006-T-3: City of Renton Requested text amendment to update the Land Use and Community Design Elements with housekeeping changes. #2006-T-4: City of Renton Requested text amendment to update the Transportation Element to reflect changes in the capital projects. CONCLUSION: The proposed schedule for review of these applications is for the Planning Commission review to occur from June to September. cc: Jay Covington Gregg Zimmerman Neil Watts h:\ednsp\comp plan\amendments\2006\referral issue paper 2006revised.doc 4,71D0_ - bevaop op.FLvvN, NTQN Project Narrative DEC -6 2OO December 2,2005 RECEIVED Project Address: 1315 N 30th Street Renton, WA 98056 Project Plan • To build a retail building on the street front portion of thero rt y • To build a three story high building on the back portion of the the ground level for parking property • Preliminary plans attached (A) The retail building on the street level will be used to provide an"eating and drinking establishment"with 14 parking stalls. (Fig. 1) • To set up a coffee shop, such as a"Starbucks"or"Tully's". • Other options: o Sandwich shop such as"Subway" o Dry Cleaner/Laundry o Flower Shop o Barber/Beauty Salon, etc. (B) The building on the back portion of the property will be approximately 35' in height,with 2 and 3 levels.An elevator will be provided. This building will be used as multi-family condominium or apartments. Due to the parking limitation,there will be six to eight units. Each unit will have two parking stalls. There will be four guest parking stalls. (Fig.2 and Fig. 3) Remarks • Under the current zoning, the front half of the property is zoned Convenience Commercial,while the other half is Single Family. We have requested the City to grant us one zoning"Convenience Commercial"for the entire piece of property. • The site is located at N 30th Street and is about one minute driving distance to I- 405 which is located approximately 325 feet east of the property. The Park& Ride is approximately 115 feet west of the property. The size of the property is approximately 64' x 304', with 64' on N 30th Street. • • The current use of the site is a mixed use with the front half for Convenience Commercial and the other half for residential. There is an old house on the site. The house is in very poor condition. The house is approximately 1000SF on the main floor with a full size basement. The house was built on the front half of the property. • The site is almost flat with three evergreen trees and some shrubs. There are no sensitive areas such as wetlands or steep slopes. • It is located conveniently to I-405 with existing nearby gas station, 7-11 Store, and some other small businesses. The rezoning will not cause any impact to public health, safety, or welfare. Certainly there will be no impact on the needs of the city as a whole. Our development will be compatible with both the Comprehensive Plan and City policies as well as compatible with the surrounding neighborhood. The existing community facilities, including utilities, transportation,park and school will not be impacted at all. • Due to the conformity with the existing businesses in the surrounding neighborhoods, the subject property is suitable for development in general conformance with zoning standards under the proposed zoning classification. Prepared by: Tony Chee Peter Chee 11 41 6-41—3 ti , IiiiilOw --� $1-1-34" _2 2'-0" UR 1vE1NAy I Q RETAIL I 2040 SF I I I 1 I / /9,42KK1461 t / / �6r tpAcT S icifo 2 • FULLSUtE 16x08' 3 14 14 /3 5 ' /2 ( : ii 7 /0 VI I8 ._ � 9 I I "`"" TAIL BLDG PLACENIENT: A piN,RKtf44 FIG . 1 F- 1--- ii PETAtL. ).- 1A ui > & a I II 2 7 / 1 / / ! / ( I ii \SI ! ,ftpol -4- i o) t I /9 2 i /8 3 117 ELEVATOR . 5 .___i /5 74 ; /4 _6:,' FENICE _ 1 8 /3 , 9 —C,' FENCE to ii' -401 CON D 0 l'A kK IN6i F t G. 2 Now, F— ' '- " 34' BETA / 11 I ) / / / / I I I I I I .ELECTRIC GATE © I I 1 -lit)IT 4- 1 ZLE%%TOR [war's 2 a - • 3S' NIGH BLC�G� - Elmo - #3 New -CONro FLACEMENT F� � . 3 aoa December 13,2005 NIS Rezone Justification and Project Narrative The property requesting rezone is located at 1733 N.E.20th Street. This property is commonly known as The Kennydale Blueberry Farm. The property is 3.44 acres in size. It is currently zoned RC and has been so since 1993. All adjacent properties are zoned R-8. The current use of the site is a blueberry farm. There is one residence, one accessory building and two small sheds. To the east is located a green belt with utility easements, where to the best of our knowledge is a spring that is the headwaters to Kennydale Creek. The area in the greenbelt is so overgrown it is difficult to see anything. It is also the location of the storm water outlet for the Highgate development that was built in 1978. A manmade ditch runs along the east property line of our property,cuts across the north east corner of our land and then enters a ditch along N.E 20th flowing west. It then crosses the street in a culvert and runs north. The area in which the blueberries are planted is a peaty area. Please reference previously submitted soil study. We have no intention of developing this property ourselves. We do plan to sell it. What happens in the future is unknown. We are requesting a rezone to either R-8 or R-4. Please reference my original enclosed letter and the original draft of RC zoning.It is our opinion that having RC zoning did nothing to protect us from the development taking ,, 011 place around us. The changes in this area have made it very unlikely that we can continue to viably farm. We believe an historical timeline will be a clear way to present a picture. 1937: House is moved from Newcastle coalmine housing to parcel 285, the current location. Area is in unincorporated King County. Area is comprised of homes on large parcels. 1947: Blueberry farm is created and bushes are planted. Drainage system is put in and ditch is created. 1957-mid-60's: Houses are built to the west along Jones Avenue N.E. Sometime is this same timeframe the flow of the ditch is changed from where it exits the farm as evidenced by an old culvert that still exists under NE 20th. It once went due north across the street but is changed to run west in open ditch and culvert to the northwest corner of the farm and then crosses 20th. 1967: I-405 is built resulting in the culvert that runs under 405 and is the point at which fish cannot get further upstream. 1968: Area is annexed to Renton. 1978: Highgate development to the east is built and sewers go in. This is the beginning of major drainage problems. All storm water is directed into greenbelt/utility easement area. A sewer lift station is constructed in the middle of the creek/ditch directly to the north of the blueberry field on NE 20th. Large amount of silt and debris are forced down stream clogging the channel. Property owner downstream quit maintaining the channel. ‘410.9 1984 to present: We move to the farm. We have made every effort to be good stewards of New the land. We have a farm plan from the King conservation district. We have replanted areas with native plants. We have always farmed using organic methods. We have never used any nitrogen fertilizer because of concerns about it entering the water course. Sadly during this time we have watched neighbors haul in truck load after truck load of fill. The greenbelt are has been encroached upon, Trees have been cut down. The detention/retention pond in the greenbelt was filled by neighbors with their yard waste etc. Trees die and fall on our property creating a liability issue for us. The cottonwoods in the greenbelt have grown so tall that they shade our field half of the day. You need sun to grow berries. 200 The Higate sewer lift station is removed and a gravity flow sewer line goes in directly to the north of the field. (see enclosed documents.)Back yard infill development begin to the west of us. We appeal but loose. (See enclosed document and please note the hearing examiners comments that are highlighted.) 2004:Camwest development begins. De watering is done for weeks on end. Six or more wells are put in on north side of 20"'. They pump for weeks. Ponds in the area drop till some are just mud. The creek/ditch water level is the lowest anyone has ever seen it. This is occurring in the middle of summer when our berries are producing. The stress is awful on the bushes. At some point we just said "we can't do this anymore". You can't fight city hall. Development is happening. It will continue to happen. We have the GMA and Comp Plans. But what are we left with? We have a dying farm and loss of our income from it. Then there are taxes that get higher every year. We tried, we had a dream.In the end S''"" "economic development"prevails. It always has. In the end you cannot take away from us the pleasure we have experienced from the relationship with our loyal customers, some that are three generations of a family. They enjoyed the beauty and peace of our farm. (Well at least until the last two years when the noise and dust from construction changed all that.) In conclusion we are asking for a rezone so we can sell and move on. We have to start all over. If the land remains RC it will have considerable less value then if it has a higher zoning.And even if it stays RC the chances are some developer will still purchase it and go through the zoning change process. We are asking for fairness and consideration for the position we have found ourselves in. I I 1 -.441111111'' MilEt 1.1 IN Mil 1 f" . - 1 ill ' 311 < IN 1 i N Allk ill _ 1 MI- 111V =II ....r■, IA' ha All Nerd lie 4 111 Iii, _ alL a It a _-- 1111 1 II \ _ ,....., ...... 3 I u e b e rrDy Farms 25'Buffer- 1.50 acres of 0 200 400 developable land ::::.:;..:..:,��::::•>::::::::::<::•::::::: : : i . . ...° • Sh .& 50'Buffer- 1.15 acres of �...''''' ' "'' Z Mq: developable land 1 ' 2400 Michael M.Hanis John J.Greaney Patrick M.Hanis Greg L.Girard Sarah K.Wahl Dennis J.Shanlian* Karen J.Seeburger Mark W.Prothero William R.Baker �a Sean P.O'Neill HANIS ANEY' PLLC Brian J.Hanis meire Michael Ditchik** ATTORNEYS AT LAW Florian"Ian"Purganan Cynthia A.Irvine*** *CPA/LLM pliaais@hgziaw.com **Also admitted in New York and Washington DC ***Also admitted in Virginia December 15,2005 City of Renton Development Services Division Attention: Rebecca Lind,Planning Manager 1055 South Grady Way Renton, WA 98055 RE:Rivera Comprehensive Plan Amendment/Rezone; 851 S. Carr Road,Renton, WA 98055- Dear Ms.Lind: This office represents Mr. Manuel Rivera, owner of the property commonly known as 851 S. Carr Rd.in the City of Renton. Submittal Requirements: *low Pursuant to the submittal requirement,I am enclosing the following documents. Land Use Permit Master Application Form: Attached. Environmental Checklist: Attached. Assessor's Maps: Attached. Exhibit A:Aerial photographs Exhibit B: City of Renton Zoning Map. Exhibit C: City of Renton Arterial Streets Title Report- Attached. Title Report shows Deborah A. Smith as owner. She Deeded the property to Mr. Rivera on March 16, 2005. The Title Report was obtained for this transaction. The Warranty Deed is attached to the Title Report. Judgments and Deeds of Trusts have been paid as part of closing. Easements and other legal documents are attached as well. Legal Documents: No proposed restrictive covenants or Homeowners Association documents. Fees: Enclosed. law 6703 South 234th Street,Suite 300•Kent,Washington 98032-2900.253.520.5000•Fax 253.893.5007 PROJECT NARRATIVE Requested Change to Comprehensive Plan and Zoning Map Mr. Rivera requests an amendment to the Comprehensive PIan Land Use Map and to rezone the property from R-8 to Commercial Office Zone or a similar designation. Size and Location of site/Current use of the site and existing improvements/Location of existing structures The property is approximately 2.09 acres in size (91,040 square feet). There is an existing home of the site occupied by my client and from which a home mortgage business is operated with a City of Renton Business License attached as Exhibit D. Ex. A Aerial Map; Ex. B City of Renton Zoning Map. The property fronts SE Carr Road to the North; Condominium Units to the West; and to the East and South is property currently being operated asa landscaping business. Across SE Carr Road is property owned by the City of Renton. Exhibit A contains two overhead photographs of the property which shows the location of the home and garage as well as the ravine. SE Carr Road is designated by the City of Renton as a Principal Arterial. It is listed under Number 21 on the City of Renton Arterial Streets map running from SW 4314 Street/S 43'1 Street from west City limits to east City limits. Ex C. The site currently has a single family home and detached garage. The home was built in 2003 after the former home was destroyed in a fire some years ago. Mr.Rivera does not currently have plans to develop the property with additional buildings,but is interested in growing his home mortgage business withinthe existing home. The Commercial Office zone appears to be the most appropriate zoning designation given Mr. Riveras plans and considering factors set forth in the Purpose and Intent of the Renton Municipal Code. Because current business plans do not require a new development, impact on the surrounding environment is not anticipated. While remodeling of the home or redevelopment is not currently planned, any future development of the property will be subject to City oversight to ensure development is done in a manner consistent with the City's development and environmental policies. Special site features As set forth in the Environmental checklist, the site contains a ravine with steep slopes. At the bottom of the ravine is Panther Creek. The ravine is heavily vegetated and there does not appear to have been any problems with landslides. Decision criteria discussion The Comprehensive Plan Amendment and rezone is justified given the surrounding uses and the *id intent of the Comprehensive Plan and Zoning Code. The area is already well established with large and small business uses. Housing developments of all types in the area continues to increase and service oriented businesses will benefit the housing and related business changes. Currently, the Commercial Corridor designation ends approximately one or two blocks west of the project location. Providing for development within an already urban area allows for additional service to citizens without impacting the public health,safety or welfare. The location of the proposed amendment and rezone is already in a state of change. The area is growing and the City has already found that a Commercial Corridor designation is appropriate for concentrating commercial activity. The proposed change along the Principal Arterial is consistent with that stated goal. An Amendment is not likely to be materially detrimental to adjacent Land Uses and surrounding neighborhoods. The area already contains commercial office,retail, and medical services which have been in existence for a number of years. The area also contains several existing older neighborhoods but has experienced significant residential growth through multifamily and single family housing. The proximity of services and retail make the area more desirable for residents of local neighborhoods as it allows for ease of access, broad level of service and reduced traffic as residents can avoid having to travel great distances for services. The Amendment will have no, or very limited, impact on community facilities. The current plan is to operate the business out of the existing home. In the event of any future development, the site itself will likely constrain development potential. In addition, the Principal Arterial is sufficient to handle additional traffic volumes though it is expected that any development would likely have a very minimal impact. A Commercial Office designation is not anticipated to create Iter an adverse impact on utilities,parks or schools. The proposed Amendment and zoning change is consistent with zoning standards. A more thorough justification for the change is set forth below in the Compliance with Zoning Code and Comprehensive Plan section below. I have highlighted in bold type those areas that are specifically relevant in that we believe the proposed change specifically meets those criteria. Compliance with Zoning Code and the Comprehensive Plan: Renton Municipal Code Title W, Chapter 2, section 020(N),provides in part, The Commercial Office Zone (CO) is established to provide areas appropriate for professional, administrative, and business offices and related uses, offering high- quality and amenity work environments. The Code provides examples of medical institutions, limited retail and similar services as appropriate uses in the zone. ,The proposed zoning is consistent with the development in the area. East of the property is the hospital along with other offices, typically related to medical services. The proposal here will allow the mortgage company to grow consistent with the goal of offering"high-quality and amenity work environments." lay The Commercial Office Zone requires compliance with the following objectives and policies as set forth in the Comprehensive Plan: Commercial Corridor land use designation: "The Commercial Corridor district is characterized by concentrated, pre-existing commercial activity,primarily in a linear urban form,that provides necessary goods and services for daily living, accessible to near-by neighborhoods, serving a sub-regional market and accommodating large volumes of traffic." "Commercial Corridor areas are characterized by medium intensity levels of activity. It is anticipated, however, that intensity levels in these areas will increase over time as development of vacant space occurs, increased land value makes redevelopment feasible, and land is used more efficiently. In these districts, provision of pedestrian amenities is encouraged, as are opportunities to link adjacent uses and neighborhoods." Carr Road is a prime example of an area of mediumintensity levels of activity that is undergoing an increase in intensity. A substantial amount of vacant land along Carr Road has been or is being developed. To the west along Springbrook Road, there has been a substantial amount of development of residential neighborhoods,including multi-family and single family housing. Objective LU-DDD: The Commercial Corridor land use designation should include: 1)Established commercial and office areas; 2)Developments located on large parcels of land; 3)Projects that may be highly visible from principal arterials; 4)Uses dependent upon or benefiting from high-volume traffic; 5)Uses that provide significant employment; and 6) Businesses that provide necessary or desirable goods and services to the larger community. The proposed use will allow the business to grow from a home business to allowing employees and a greater level of service. High traffic volume will be particularly helpful to the business as the several thousand cars passing the property each day will be able to see what type of business is being operated. Currently, signage is not allowed, or is at least very limited. As business increases, it is expected that employment needs will grow rapidly. Mortgage business are desirable and offer an excellent service in permitting people to purchase homes. Mortgage businesses typically draw from a customer base that is local rather than from a broad region. Thus,those likely to use the service will live or work within the general vicinity of the business. Policy LU-333: The Commercial Corridor Land Use designation should be mapped in areas with the following characteristics: 1)Located on, and having access to,streets classified as principle arterials; 2)High traffic volumes; or 3)Land use pattern characterized by strip commercial development,shopping centers,or office parks. ,400 Carr Road is a Principle Arterial and has high traffic volumes. ,, Policy LU-334: The Commercial Corridor designation should be implemented through Commercial Arterial,Commercial Office,or Light Industrial zoning. Policy LU-335: Increased demand for commercial uses should be accommodated primarily through redevelopment and intensification of existing business area designations rather than expansion of those areas. Objective LU-FFI: Create opportunities for intensive office uses in portions of Commercial Corridor designations including a wide range of business, financial, and professional services supported by service and commercial/retail activities. Policy LU-339: Areas of the City identified for intensive office use may be mapped with Commercial Office implementing zoning when site is developed,historically used for office, or the site meets the following criteria: 1)Site is located contiguous to an existing or planned transit route; 2)Large parcel size; 3)High visibility; and 4)Opportunities for views. Policy LU-340: Small-scale medical uses associated with major institutions should be located in the portions of Commercial Corridor designated areas with Commercial Office zoning, in the Urban Center,or in the Employment Area—Valley. Now Policy LU-341: Retirement centers that have a medical facility as a component of the services offered should be located in areas of the Commercial Corridor that have Commercial Office zoning. Policy LU-342: Medium and high intensity office should be encouraged as the primary use in Commercial Office zoned areas. The proposed use is for a mortgage company which will likely be a medium intensity office environment. Policy LU-343: Retail and services should support the primary office use in areas identified for Commercial Office zoning, and should be located on the ground floor of office and parking structures. Policy LU-344: In the Commercial Office zone, high-rise office development should be limited to ten(10)stories.Fifteen(15)stories may be obtained through a height bonus system. Policy LU-345: Height bonuses of five (5) stories may be allowed for office buildings in designated areas of the Commercial Office zone, under appropriate conditions, where sites provide additional public benefits such as plazas, parks, exceptional landscaping, and/or public art. Objective LU-lHH: Support methods of increasing accessibility to Commercial Corridor areas for both automobile and transit to support the land use objectives of the district. Objective LU-III: Ensure quality development in Commercial Office zones. Policy LU-357: Public amenity features (e.g. plazas, recreation areas) should be encouraged as part of new development or redevelopment. Policy LU-358: Parking areas should be landscaped (including street trees, buffers, berms), especially along roadways,to reduce visual impacts. Policy LU-359: Support routing of the citywide transit system to Commercial Corridor areas to provide greater access. Policy LU 360: Encourage development proponents to work with the City Transportation Division,King County METRO, and Sound Transit in order to site transit stops within the Commercial Corridor areas. This goal has largely, if not entirely, been met as there is already public transportation closely located to this project and along Carr Road Policy LU-361: Public transportation transit stops located in Commercial Corridor areas should be safe,clean,comfortable,and attractive. Policy LU-362: Office sites and structures should be designed (e.g. signage; building height, bulk and setback;landscaping;parking)to mitigate adverse impacts on adjacent land uses. Policy LU-363: Parking provided on-site,in parking structures,and either buffered from adjacent, uses or incorporated into pedestrian-oriented street design,is preferred. Policy LU-364: In areas developed with high intensity office uses, circulation within the site should be primarily pedestrian-oriented. Policy LU-365: In areas developed with high intensity office uses, vehicular access to the site should be from the primary street with the access points minimized and designed to ease entrance and exit. Policy LU-366: Public amenity features (e.g. parks, plazas, recreation areas), should be encouraged (i.e. through incentives or similar means) as part of every high-intensity office development. Policy LU-367: In areas developed with high intensity office uses, site and building design should be transit-, people-, and pedestrian-oriented. Ground floor uses and design should be pedestrian-oriented. Policy LU-368: Consideration of the scale and building style of near-by residential vtiti neighborhoods should be included in development proposals. Policy LU-369:Development should be designed to consider potential adverse impacts on adjacent,less intensive uses, e.g. lighting,landscaping,and setbacks should all be considered during site design. Policy LU-370: Landscape buffers, additional setbacks, reduced height, and screening devices such as berms and fencing should be employed to reduce impacts (e.g. visual, noise, odor, light) on adjacent,less intensive uses. We believe that the proposed Comprehensive Plan Amendment and zoning change appropriately addresses each of the foregoing_objectives and policy considerations. Many of the other considerations will be met through compliance when development occurs in ensuring appropriate landscaping buffers,pedestrian friendly walkways,mitigation of light/sound,etc. I trust that the foregoing information is helpful and we look forward to working with the City during this process. Very Truly Yours, /C01- `11 Patrick M.Hanis Now EXHIBIT A firo J'' _ •!- 2vo r i s x - moi; -;.. ': .4. Y 3 'F 3- fe x !'fi SECarrRd l - � M bZ� r f4v,,gg �� 1' .+sem ♦� ..! '>+ Q� *$}1-:,--', ,- . • ti z -.. Mrww7 - b • ^�2005,7s1©Atlas ozcosr^► � � - „.;t4,.;. + �`' ���'rcz;16,(,,,�a rltr�Yy�J ay,{ 4. t ..a �.R. -l:u k ;5J}"'�' xs�1 S.l"1'r ,1' ,:;,,'.,::,;4,1. �tl t�I4è '•t •s„_, ;iv. •t� k:-` ri- 7 �la's° � a�u ,+ ry+ r.s ' K I�., ,+ �- , �,.,Li ,.. :v- :.,1 C8 <�1,.C+,,,':•�.+;,,,,. ,•c; ,:, Ib`v 9� t£ : �ic 1ttc: r r I -,1 ''.:1- ror,@zi r..n+ qb,.;at, n,.{',, s.n.. 4b.,,,,,,,.1.,,,I.,,',,,,,,,,,..'x ;.y s',...m i:� x ,y t{1 i;!�Pfv*r��� ��1'kl' '•+�,� .',fr +�`.” ar. In �.! 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RESIDENTIAL MIXED USE CENTERS ' MI - i �, ` (RC)Resource Conservation ®(CV)CenlerViape + •..r_n (R-1)Residential l du/ac / -.I.- n— ,, 8 (UC-N1)UrbanCenter-NtxtAt __ :+, '�- (R-4)Residential a dWx -- - '+* North 2 L �I I' I (R-8)ResWenEa 8 dWac Ej(UC-N2)ud.Cer.- ` '1-:- mel ®(CD)cenrorpowieown li,_i1 �� _ II(RMHIResidentiaaredHomes (COR)C�identlal— -� • I (R-tO)Residential 10 dWac ' il __„ __ _ IF (R-14)ResWlentl 14 du/ac 7 COMMERCUL ��4*t't- h (RM-F)ResgarMal Mu10-Famlly (CA)CgnrnetCyy NpMeI � � ®(RM-T)Residential Mul0.Family Traditional (CO)Commercial Oaten L, "'' L{t -.;k` (RM-U)ResNenhal MuItFFa tidy Urban Cents ®(CN)Con■netci■I NeigMotfipod INDUSTRIAL 72 L[ --- CMLimA "111. Adopted January 3,2005 (IL)1ndue6ial 1.- ' — 1 ' Updated July 27,2005 I (IN)Inwsaial-Medium I 'wt..... . I. guaranteed ■(IN)Industrial-Navy. 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Post MANUEL A RIVERA this License at place of business 851 S.CARR RD • • RENTON 'WA 98055 • • City of Renton Licensing Dhasioh S . 1055 South Grady Way Renton,VVA 98058 (425)430-6851 • DP 3133 12/94 • • • 446, • 341,20,X 41-9 ineyards Niue Construction, LLC P.O. Box 2401 Kirkland WA, 98083 December 12, 2005 PROJECT NARRATIVE Comprehensive Plan Amendment-Revisions to Land Use Map Parcel No. 302305 9111 Requested Change The above noted parcel is presently designated as Residential Medium Density under the Comprehensive Plan Land Use Mar. The existing zoning is R-10. The parcel is 244,807 sq. ft. in size located between S 37 Street and S 38th Court east of Talbot Road and north of Valley Medical Center. The proposal is to redesignate this property Commercial Corridor on the Land Use Map and Commercial Office on the Zoning Map. In December, 2003 the property was designated Medium Density Residential as part of a request for a retirement residence on the site. Conditions have changed and an office building development in support of the adjoining Valley Medical Center complex is considered a suitable use of the property. We are therefore requesting that the prior Commercial Office zoning be re-established. Current Use The property is currently vacant and undeveloped. Panther Creek ravine traverses the site impacting over 70% of the area. The area of the ravine includes sensitive areas designations of steep slopes and landslide and seismic hazards as well as Panther Creek being a Class 2 stream. The proposed development will be limited about a 1.5 acre terrace located above the ravine in the northwest portion of the site. Decision Criteria As reported in the staff memorandum (dated November 15, 2005) to the City Planning and Development Committee, this request supports the City's Business Plan goal of promoting citywide economic development. The proposed Commercial Office zoning will permit office use rather than residential on the site. The zoning was changed in the recent past at the request of the property owner to accommodate a proposed specific use, retirement residence. It was not changed because commercial use was considered inappropriate. In fact, the redesignation to Commercial Office will return the site back to being in conformance with the adjoining properties immediately to the east and south of the site. Suitable for Development We recognize that the development constraints on this property due to the stream crossing and steep slopes located in the southern portion of the site and a covenant 40- foot BSBL along the northern frontage. The actual developable area on the terrace above the Panther Creek ravine may be less than 1.5 acres of the 5.6-acre lot. We believe an office building would be the best usage of this property considering these site constraints, and the fact that an office complex would support the adjoining land uses. Prepared by: Cliff Williams,PE VP, Manager of Engineering Vineyards Construction, LLC • ( ( 4sli. S 30th t I SV 30th St a 111 11A ■ sRIM r SI '601%I W a ., 'h ` ' S 3tnd St a j ! i 1111111 167 1 S 35 III„,, SE 172nd S4 5 • / a 41 I a h t. tbl" i�' S:3)4h'St i ali: II B.N,I olia f3EJP I NI � v I an 11111 17/thlAv6 SE K Valley Meckel Center , 1 - 'r C. r Ra Barr Rd S 19th St - •F SW 43rd St 't i I I tsgn SE SE 101st St a^� al SE 102nd St SE All ' 1 $ < SE 102nd g a g el ~ 1 S i Spring brook Associates Application 2006-M-4 min= Study Area 0 800 1600 Economic Development,Neighborhoods#Strategic Planning �CIA?", gwt — — City Limits 1 . 9600 a. • r 36 My 2002 4/ 2006 2006 M-5 Puget Colony and Vicinity Proposed Map Request From Residential Single Family(R-8 zoning)to Residential Low Density(R-10 zoning) The Puget Colony neighborhood is an existing platted neighborhood currently built out with .25 to .33-acre lots. Mr.Jay Cook, property owner in the area, approached the City with a request to consider R-4 zoning for the area as he feels it is more consistent with the existing development pattern.The neighborhood abuts the existing Low Density Single Family designation and the lower density R-4 zoning could logically be extended to it. Mr.Cook requested that the City Council initiate a comprehensive plan amendment to evaluate his neighborhood and others with similar conditions in the immediate vicinity. Covenants approved with the plat restrict further subdivision within this area. Upon review of the land use map, staff identified other adjacent subdivisions that are similarly platted and not yet annexed. The City Council agreed to initiate a review of this area as part of the 2006 Comprehensive Plan amendments. This expanded review should occur under a City initiated rather than private application because it involves multiple properties and is an area-wide zoning action rather than as request for redesignation of a specific private property. Ns al NISI . . ..., - . ,c1] r_no ...1_ Ent ,;, ,a . .,„,.:. . , ATTACHMENT3 EOM MIN ,. . NI _ viii 1111g, ' E 13 'Mtge miummi A OL on unn 1111 ..,,.;. . :.,. . i :-,.,,,, . . . 1, I: impumn LAI r . ,.:,.. : .:. . , - at., _ . kr iii. mill11111 . . Al r c ..4,,/''-,':- ; ' --(15 , . ' 6 AVM II < ii, Q .,„.. ., › .. . - / .„. . , . ..< . i ' 1 bop /,,,,,, / ,,,,.: ,. t4 irkiumi.... __,_,c- ba is '''-"A'Ax, ,:-, :1---- v: ' •:- . ' '''. 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The proposal is to add the area to the Center Village Designation with proposed Center Village-Residential zoning. • Area 2: Lots fronting on Harrington Ave. south of NE 9th St. to two parcels south of NE 6th St. This area is currently designated Medium Density with R-10 zoning. The amendment will consider whether it should be added to the Center Village Designation with proposed Center Village-Residential zoning. • Area 3: South of Sunset to NE 9th This area is now in the Center Village with Residential Multi-Family zoning. The amendment will evaluate if this area should be removed from the Center Village and given Residential Multi-Family Infill Land Use with RM-F zoning. • Area 4: South of NE 8th St and east of Harrington This area currently has Medium Density Residential Land Use with R-10 zoning. The amendment will review whether it should be changed to a Single Family Designation with R-8 zoning. • Area 5: West of Monroe Ave between NE 121 and Sunset Blvd. This area is currently designated Medium Density Residential with R-10 zoning. The amendment will evaluate whether this area should be Residential Single Family with R-8 zoning. • Area 6: Property between Monroe and Lynnwood Avenues south of NE 12th St. This area is currently in the Center Village Land Use designation. The amendment will evaluate whether is should be changed to Medium Density Residential. • Area 7:Property developed with a condominium project north of the extension of NE 201 St. The property is now split in the Comprehensive Plan between Single Family Residential and Medium Density Residential. The amendment will evaluate whether to best change this condominium property to Medium Density residential or Center Village designation. t -.... , ...... wesimeraggvai UNIVAIIIIIIII vr-4 Land Use Concept E2Inilm.--"."1-13----------r 1%) ggr unirpoil ow A-4 401110 IN - ails 10." ig aka.. EA 11114 North Harrington Core Area ralit -Fc7777-") - ,T,,, - A 011ifirAo ra I/A ENI CN 1I 41"40 104 rif ii". wia Nmw CV-C(29-80 du/acre with res/com mix) PlUill111 NM Iep 1, 411.144 riss5 I IWg1 CV-R(10-18 du/acre(to ao with Cv-X rezone)) i, .1 t 1 11 l rp . 1 1. 1 1 RS(4-8 dtgacfe) 1.11 /L-A-I I I I A*-5 t111, 1111,101544 1 Ntiolif V'-'-7 I RMD(4-18 du/acre) ." 1.21...m.. fr • . ist st rr 1 L. --i- , ..,, A 711111 ON g Alb - MI r's-aille WI g INI• RMF(10-20 du/acre) iiiiL , I 1. WV"' 1.4111 SO ! 1111= Public Open Space/Parks kik L IMIMI '1--- ilkveAIIII Se at . 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IIIIh IL-wL" %MIMI MUM ill El Q lag IN - , am ma fp Apczo V-I 5r- . . 1.• 11 I , 0 oo( 7-1, T3 TV Project Narrative 2006 City Initiated Comprehensive Plan Text Amendments Amendments • 2006 T-1 Capital Facilities Element Text Update The Capital Facilities Element will be updated to reflect changes in the capital projects since the last update in 2004, to incorporate adoption of the Issaquah School District Capital Facilities Plan and update growth projection and target data as needed. • 2006 T-3 Additional amendments to consider housekeeping changes the Land Use and Community Design Elements to policy order,organization,and language to improve implementation of the plan by identifying which policies are used for mapping criteria, drafting of zoning and other development standards,project review, and other specific purposes to be evaluated in this review. • 2006 T-4 Transportation Element Update The Transportation Element will be updated to reflect changes in the capital projects since the last update in 2004, and to make other housekeeping amendments as needed. CITY OF RENTON COUNCIL AGENDA BILL ( AI#: ( 6 � < I Submitting Data: For Agenda of: June 5, 2006 Dept/Div/Board.. FIS / Information Services Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Interlocal Agreement with the Eastside Fiber Correspondence.. Consortium. Ordinance Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Interlocal Agreement Information Resolution Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... 0 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget 0 City Share Total Project.. SUMMARY OF ACTION: Staff presents a resolution and interlocal agreement between the City of Renton and Eastside Fiber Consortium. The agreement allows the City to leverage its resources with other public agencies to provide fiber throughout Renton. STAFF RECOMMENDATION: Authorize an interlocal agreement with the Eastside Fiber for extension of the City's fiber optic network, and adopt the Resolution. Rentonnet/agnbill/ bh C.)ti`sY � FINANCE AND INFORMATION SERVICES c, ® •♦ DEPARTMENT v*P,'NTO MEMORANDUM DATE: May 25, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Michael E. Bailey, FIS Administrattorr, STAFF CONTACT: George McBride, ext. 6886 SUBJECT: Eastside Fiber Consortium Interlocal Agreement ISSUE Interlocal agreement for cost, asset and resource sharing to obtain city-owned fiber for communication purposes. RECOMMENDATION Staff recommends approval of the Interlocal Agreement. BACKGROUND Several years ago the City of Kirkland, City of Bellevue, Lake Washington School District and University of Washington formed a consortium to install fiber throughout the school district, connect the two cities, and begin the process to connect educational institutions to the University. Through resource sharing and joint funding, the consortium has built an inter-connected fiber network covering the school district, connecting the two cities, as well as Evergreen Hospital and now the Bellevue School District. New additions include Bellevue Community College. The City began discussions with the consortium to explore the possibility of connecting the City of Renton's network infrastructure into this network to provide an alternative to the King County I-Net as a redundant connection and to better serve additional areas within the City of Renton and Renton School District facilities. In cooperation with the Transportation Division, Information Services is working to include conduit for use by the consortium on projects such as the Duvall Road Improvements. In this example, the City's contribution to the project would be existing conduit and other members would fund the actual fiber. This project will assist in providing future connectivity to the proposed Hazen Reservoir and Hazen High School. The University is desirous of completing a ring around Lake Washington to connect its facilities and other education institutions. We believe the City can leverage this desire to its advantage to gain additional connectivity for city purposes. h:\projects\2006\eastside fiber consortium\council position paper eastside fiber consortium.doc Randy Corman,Council President Members of the Fenton City Council Page 2 of 2 May 25,2006 Each individual project undertaken by the consortium is contracted as a separate addendum to the general terms and conditions, and is executed by the parties interested in participation. DT/drl Cc: Jay Covington,CAO Linda Herzog,Assistant to the CAO George McBride,Information Services h:\projects\2006\eastside fiber consortium\council position paper eastside fiber consortium.doc ADDENDUM #26 GENERAL TERMS and CONDITIONS For Sharing of Fiber Optic Installation Projects WHEREAS, the City of Bellevue, the City of Kirkland, the Lake Washington School District, the University of Washington, the Bellevue School District and Evergreen Hospital (the Participating Agencies) have entered into the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, and; WHEREAS, the Participating Agencies desire to enter into a Fiber Optic Project Agreement for a planned Fiber Optic Project, and; WHEREAS, the City of Renton desires to participate in the planned Fiber Optic Project and future Fiber Optic Projects but cannot because it is not a Participating Agency subject to the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, and; WHEREAS, Renton School District desires to participate in the planned Fiber Optic Project and future Fiber Optic Projects but cannot because it is not a Participating Agency subject to the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, and; Now, WHEREAS, the current Participating Agencies desire to amend the General Terms and Conditions for Sharing of Fiber Optic Installation Projects to add the City of Renton and Renton School District each separately and individually, as a Participating Agency for participation in the planned Fiber Optic Project and future Fiber Optic Projects; NOW THEREFORE, the parties hereby agree as follows: 1) All terms in this Addendum shall have the same meaning as the defined terms in the General Terms and Conditions for Sharing of Fiber Optic Installation Projects. 2) The City of Renton hereby acknowledges that it has read, understands and accepts the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, hereby incorporated by reference as if fully set forth, and agrees to be bound by them. 3) Renton School District hereby acknowledges that it has read, understands and accepts the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, hereby incorporated by reference as if fully set forth, and agrees to be bound by them. 1 4) As provided in Section IX, paragraph N, the current Participating Agencies hereby amend the General Terms and Conditions for Sharing of Fiber Optic Installation Projects to add the City of Renton and Renton School District each separately and individually, as a Participating Agency, and the City of Renton and Renton School District each separately and individually, by executing this agreement, consents to becoming a Participating Agency. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the General Terms and Conditions For Sharing of Fiber Optic Installation Projects on the respective dates indicated below. Approved as to Form: David Ramsay Date City Attorney City Manager, City of Kirkland Approved as to Form: Steve Sarkozy Date City Attorney City Manager, City of Bellevue Weldon Ihrig Date Executive Vice President University of Washington Barbara Posthumus Date Coordinator Business Services Lake Washington School District Terry Hsu Date Chief Information Officer Evergreen Hospital 2 4rrr Jack McLeod Date Director, Facilities and Information Services Bellevue School District Approved as to Form: Kathy Keolker Date City Attorney Mayor City of Renton i,c_ LIQ , � c-t5- D6 Bill Hulten Date Chief Technology Officer Renton School District 3 GENERALTERMSandCONDITIONS `' Interlocal Agreement For Sharing of Fiber Optic Installation Projects TABLE OF CONTENTS 'err•` L RECITALS 1 IL PURPOSE OF AGREEMENT 2 III. DEFINITIONS 2 IV RELATIONSHIPS AMONG PARTICIPATINGAGENCIES 6 A. PRINCIPLES 6 B. TERM 7 C. FIBER OPTIC PROJECT 7 D. GENERAL PLANNING,ENGINEERING AND DESIGN CONSIDERATIONS 9 E. CHANGES 12 F. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE 12 G. USE OF FIBERS 13 H. SALE OF FIBERS 13 I. PARTICIPATING AGENCIES RIGHT OF FIRST REFUSAL 13 J. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES 15 K. TAXES 15 L. PAYMENTS 16 V. LEAD AGENCY RESPONSIBILITIES 16 A. GENERAL RESPONSIBILITY OF LEAD AGENCY 16 B. AGREEMENTS,APPROVALS,PERMISSIONS AND PERMITS 17 C. NOTICE OF INSTALLATION AND TESTING 17 D. MAINTENANCE AND REPAIR RESPONSIBILI'11ES 18 E. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO BE PROVIDED TO THE LEAD AGENCY 19 F. LEAD AGENCY'S NONCOMPLIANCE 20 G. AUDIT 20 VL FACILITY OWNER RIGHTS AND RESPONSIBILITIES 20 A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES 21 B. APPROVALS 21 C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS 22 D. ACCESS TO AND USE OF FACILI t ES 22 E. BUILDING ENTRANCES 23 i Terms and Conditions for Sharing of Fiber Optic Installation Projects April 24,2006 F. MODIFICATIONS TO FACILT11ES 24 G. RELOCATION OF FIBER OPTIC CABLE 25 H. RIGHTS OF PROPERTY 26 I. DEFAULT AND DISPUTE RESOLUTION 26 VII. RELATIONSHIP BETWEEN LEAD AGENCY AND CONTRACTORS 28 A. RESPONSIBILITY 28 B. APPROVALS 28 C. INSURANCE 28 VIII. INDEMNLFICATIONAND LIMITATION OF LIABILITY 29 A. LIMITATION OF LIABILITY AND INDEMNITY--LEAD AGENCY 29 B. LIMITATION OF LIABILITY AND INDEMNITY—FACILITY OWNERS 30 C. LIMITATION OF LIABILITY AND INDEMNITY—PARTICIPATING AGENCIES 31 Ix ADDITIONAL TERMS AND CONDITIONS 32 A. LAWS,LICENSES,AND PERMITS 32 B. PERFORMANCE 32 C. SUBJECT TO LAWS 33 D. FORCE MAJEURE 34 E. NO WAIVER 34 r„rd F. SEVERABILITY 35 G. RIGHTS CUMULATIVE 35 H. CONTRACTUAL RELATIONSHIP 36 I. HEADINGS 36 J. APPLICABLE LAW AND VENUE 36 K. BINDING EFFECTS 36 L. ASSIGNMENT 37 M. NOTICES 37 N. MODIFICATION OR AMENDMENT 37 O. EXECUTED IN COUNTERPARTS 37 P. SUPERCEDES CITY OF KIRKLAND FRANCHISE 37 Exhibit A 1 ii Terms and Conditions for Sharing of Fiber Optic Installation Projects April 24,2006 I. RECITALS WHEREAS,the Lake Washington School District plans to construct a fiber optic network among its schools for the purpose of improving overall learning and achievement by increasing the availability and diversity of training and educational material; and WHEREAS,the City of Kirkland requires a fiber optic network amongst its' facilities to provide services to its constituents, for traffic including but not limited to: traffic, SCADA systems, economic development, business support, and WHEREAS, the City of Kirkland and the City of Bellevue desire a direct fiber connection,to enhance internal governmental cooperation and extend communications to other local governments,achieve efficiencies through shared resources, and WHEREAS,the University of Washington desires a path North to South through the City of Kirkland,and WHEREAS,each of the Parties have a portion of what is required to build a fiber network but do not want to duplicate efforts,and WHEREAS,the Parties and their respective `citizens' have a vested interest in supporting and improving educational opportunities, community communications; and infrastructure,and WHEREAS,the City of Kirkland, City of Bellevue,and the University of Washington have conduit plant available that can serve all the Parties; and WHEREAS,the Lake Washington School District has signed the City of Kirkland's Franchise Agreement allowing the Lake Washington School District use of the City of Kirkland's Right of Way. Therefore the parties agree as below. II. PURPOSE OF AGREEMENT This interlocal agreement outlines how the parties will work together on fiber optic projects for the benefit of all the Parties. This document also outlines the roles and responsibilities of all the Parties and use of the fiber cables today and into the future. Awe 1 Terms and Conditions for Sharing of Fiber Optic Installation Projects III. DEFINITIONS Whenever used in this Agreement with initial letters capitalized, the following terms shall have the following specified meanings,unless the context clearly requires a different meaning: A. Agreement Refers to this document,General Terms and Conditions for sharing fiber optic projects B. Building Entrance Conduit or Conduits usually connecting a Vault,Handhole,or Maintenance Hole in the public right-of-way to a building. C. Common Fiber Spares Fiber strands installed as part of a Fiber Optic Project held in reserve solely for replacement of disabled fibers. D. Conduit or Duct Enclosed runway or tube designed to house cables for their protection. E. Dark Fiber An optical fiber strand not coupled to an optical light source. F. Demarcation Point A point agreed to between the facility owner and lead agency that documents where one party's responsibilities end and the other begin and is required to be documented,agreed to and approved in the Fiber Optic Project Agreement. G. Indirect Costs Indirect costs are costs determined in accordance with a Participating Agency's standard methodology for computing indirect costs. Indirect costs shall include costs of labor, benefits,equipment usage,miscellaneous materials,material handling,and administrative and general charges. This definition also applies to Facility Owner indirect costs. H. Facility or Facilities A structure including but not limited to: Buildings,Vaults, Maintenance Holes, Handholes, Conduit,Building Entrances. I. Facility Manager The person designated by the Facility Owner to manage the Facility,including granting access,determining and approving its use and terms and conditions for such use. 2 Terms and Conditions for Sharing of Fiber Optic Installation Projects J. Facility Owner Nise The Participating Agency that is the legal owner of a Facility or Facilities or the Participating Agency holding the legal right to grant permission to occupy,use or modify Facilities. K. Fiber Optic Cable A cable installed by the Participating Agencies pursuant to this Agreement that is composed of strands of glass fiber,each strand which is designed to conduct signals of modulated light (optical signals)from one end to the other. L. Fiber Optic Project The Work associated with the installation of fiber optic transmission materials,pursuant to a Fiber Optic Project Agreement. M. Fiber Optic Project Agreement An agreement for a specific Fiber Optic Project with Participating Agencies that specifies the contractual relationships between and among the participants. N. Fiber Strand or Strand of Fiber A single thin transparent fiber of glass enclosed by a material of a lower index of refraction that reflects light throughout its length by internal reflections. O. Handhole An underground structure(usually concrete)providing an opening in a Conduit in which workers may reach into but usually do not enter for the purposes of installation and maintenance of cable. P. Lead Agency The Participating Agency designated by mutual consent in a Fiber Optic Project Agreement that is responsible for managing Fiber Optic Project related Work,including entering into construction contracts and overseeing the construction work for the Participating Agencies and ongoing maintenance of the Fiber Optic Project(s). Q. Make-Ready Work Any and all planning,analysis,design,review,adjustment to equipment,construction, and/or other activities(such as tree trimming)necessary to prepare existing Facilities for use by the Lead Agency as determined by the Facility Owner. R. Participating Agency A public agency that is a signatory to this Agreement for the purpose of engaging in the shared Fiber Optic Project(s). S. Participating Agency Facilities Those Facilities owned,managed,occupied,by a Participating Agency Department or Division. T. Pathway Aerial or underground Facilities used for the purpose of placing fiber optic cables,splice cases,trace wire,etc. `'terve U. Project Budget(s) 3 Terms and Conditions for Sharing of Fiber Optic Installation Projects A required section of all Fiber Optic Project Agreements which identifies the total anticipated costs for Work performed as part of that agreement, including contingency,and 'vie allocates responsibility for those costs,including ongoing maintenance,to all parties to that Fiber Optic Project Agreement. V. Splice • The point where two separate optical fiber strands are joined together either mechanically or by fusion to make one continuous optical fiber strand. W. Telecommunications Service(s) Telecommunications service(s)is the transmission of information over Fiber Strands from one location to another(not including services provided between two areas within the same building)meeting industry accepted transmission standards,their equivalent or replacement service. Such information includes but is not limited to voice,video,data,pictures,and facsimile. Telecommunication service(s)does not include Dark Fiber or services other than transmission services. X. Work All activities related to the planning,right-of-way acquisition,scheduling,analysis,design, engineering,preparation,construction,installation,evaluation,maintenance,repair and operation of a Fiber Optic Project as provided for in this Agreement or a Fiber Optic Project Agreement including Make-Ready Work but not including work done prior to the execution of a Fiber Optic Project Agreement. Ned 4 Terms and Conditions for Sharing of Fiber Optic Installation Projects IV. RELATIONSHIPS AMONG PARTICIPATING AGENCIES A. PRINCIPLES • Agreements among the Participating Agencies for sharing of Fiber Optic Projects shall conform to the following principles: 1. Participation in Fiber Optic Projects is voluntary and can depend on specific cable routes. 2. Arrangements for cooperation should be fair and equitable among Participating Agencies. Any special configuration,such as a routing change to accommodate a particular Participating Agency,should be paid for in whole by that Participating Agency. 3. If a Facility Owner requires a route change due to the requirements for optimal Facility access,the costs of such a change shall be considered general project costs of the affected Participating Agencies and not the sole responsibility of the Facility Owner as a Participating Agency. 4. Participating Agencies may have varying amounts of financial and other responsibilities on different projects. One or more Fiber Optic Project Agreement(s)will define and document those responsibilities. As a general principle Participating Agencies should share maintenance proportionately based on each Participating Agency's share of the Fiber Strands deployed or as described in the Fiber Project Agreement(s). 5. Participating Agencies may,from time to time,act variously and simultaneously as Lead Agencies and/or Facility Owners. 6. The Lead Agency for a specific Fiber Optic Project may be changed with the mutual consent of all Participating Agencies that are party to that specific Fiber Optic Project. B. TERM This Agreement shall become effective upon the execution of all Participating Agencies,and unless terminated sooner in accordance with the provisions of this Agreement,shall continue for a period of ten(10)years, and automatically renew for an additional ten(10)years upon the agreement of the parties. 5 Terms and Conditions for Sharing of Fiber Optic Installation Projects As a starting point for negotiations of a renewal Agreement,the Participating Agencies will use this Agreement as the framework for further Nteolti negotiations. Under the terms of any renewal agreement,the Participating Agencies shall continue to make payments as specified in any applicable Fiber Optic Project Agreement(s). C. FIBER OPTIC PROJECT All Fiber Optic Projects among Participating Agencies shall have a Fiber Optic Project Agreement specifying the following; including contact names and addresses where appropriate. Participating Agencies Lead Agency and Project Manager - Route Facilities to be Used;Facility Owners;and the Facility Manager(s) Project Budget,including Contingency and Terms of Cost Sharing - Apportionment of Liability - Project Schedule Changes or Addenda to General Terms and Conditions Bond and Insurance Requirements for Contracting and Participating Agencies Fiber Allocation including Spares. Maintenance Responsibilities and Costs,including Ongoing Maintenance and Responsibilities for Moves. - Points of Demarcation Each Fiber Optic Project Agreement shall be an attachment to and run concurrent with this Agreement,General Terms and Conditions For Sharing of Fiber Optic Installation Projects Interlocal Agreement. D. GENERAL PLANNING, ENGINEERING AND DESIGN CONSIDERATIONS Upon execution of a Fiber Optic Project Agreement,the Participating Agencies shall develop, review and/or revise the planning,engineering, design,installation,and maintenance procedures for the Fiber Optic Project. The procedures will be subject to the approval of the Participating Agencies and of the Facility Owners as specified in Section IV and in related Exhibits and Addenda. The procedures will be substantially similar to the following: 1. Perform Feasibility Review A Participating Agency with an interest in a shared Fiber Optic 6 Terms and Conditions for Sharing of Fiber Optic Installation Projects Project will undertake a feasibility review to determine which of the Participating Agencies has an interest in participating in the Fiber Optic Project,the possible routes,the availability of Facilities,the approximate cost and the time frame required for installation. Prospective Facility Owners shall be included in the feasibility review process. 2. Execute Fiber Optic Project Agreement The Fiber Optic Project Agreement must ensure that approval by the appropriate authority is granted for Facilities to be used and shall specify the information listed in Section N.C. 3. Perform Detailed Engineering Design The Lead Agency shall work with Facility Owners to complete routing,obtain permission for use of Facilities,etc. Any changes exceeding the approved Project Budget(see definitions above)shall require approval by the Participating Agencies;such approval shall not be unreasonably withheld. 4. Install Project itaiv The Lead Agency shall be responsible to ensure compliance with all reasonable requirements of the Facility Owner. Facility Owner staff shall be authorized to stop Work on an installation that is being conducted by the Lead Agency and its contractors on the Fiber Optic Project if Facility Owner or Participating Agency reasonably determines that the Work in question is inadequate,unsafe or would or could potentially cause a problem. 5. Complete Acceptance of Fiber Optic Project The Lead Agency shall formally accept installation of the Fiber Optic Project by issuing a formal letter to the contractor(s)and the Participating Agencies stating that the Work has been completed in accordance with contract specifications,final test documentation has been received,and all punch-list items have been resolved to the satisfaction of the Lead Agency and Facility Owner(s). Such acceptance shall authorize final payment(s)to contractor(s). The Lead Agency shall also document and identify ownership of Fiber Strands,providing a copy of such documentation to all Participating 7 Terms and Conditions for Sharing of Fiber Optic Installation Projects Agencies. ..4000 6. Establish Maintenance Plan The Lead Agency shall develop a maintenance plan for the Fiber Optic Project,and upon acceptance of the maintenance plan by the Participating Agencies,the Participating Agencies will, by mutual consent,appoint a maintenance manager,usually the Lead Agency. 7. Keep Records The Lead Agency shall provide Participating Agencies and/or Facility Owners with whatever documents are required by the Facility Manager(s)so Facility Owner(s)can maintain accurate records of where and how the Participating Agencies installed equipment within or on Facilities,and where and how the Participating Agencies modified any Facility.Among the materials that must be provided to Facility Owner are computerized records and archival quality drawings that document installation or modification Work performed by the Lead Agency or its contractors. The Lead Agency shall not charge the Facility Owner for providing any necessary documentation required by the Facility Manager. Such costs,however,shall be included as part of the Project Budget ,or ; (see definitions above). 8. Provide Access to Records All Participating Agencies shall provide access to relevant records with respect to design, installation and maintenance of components of the Fiber Optic System located within or on Facilities to Facility Owner(s)when requested by the Facility Manager(s). The Participating Agencies shall not charge the Facility Owner for either access to, such information or for obtaining copies of any portion of the information. Such costs,however,shall be included as part of the Project Budget. The records to which the Participating Agengies shall provide the Facility Owner access include,but are not limited to computerized records and design drawings,equipment and fiber specifications,route maps,manufacturer's test reports on fibers and on other equipment,documentation of the installation of Fiber Optic Cable and other equipment,and documentation of maintenance done on fibers and other equipment. 8 Tema and Conditions for Sharing of Fiber Optic Installation Projects E. CHANGES Now Participating Agencies shall have the right to propose changes to the Fiber Optic Project Agreement which must first be approved by all Participating Agencies,including replacing the;Lead Agency and adjusting Project Budgets. Changes that impact Facility Owners shall be subject to approval by the Facility Owners. The costs of any changes proposed by and beneficial to an individual Participating Agency made after the signing of a Fiber Optic Project Agreement shall be borne by that Participating Agency. However,if a Facility Owner requires a route relocation due to the requirements for optimal Facility access,the costs of such a relocation shall be considered general project costs and not the sole responsibility of the Facility Owner as a Participating Agency. The costs of other changes that are approved by the Participating Agencies because they are deemed necessary to complete the Fiber Optic Project shall become part of the total project cost. F. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE All Fiber Optic Cable and Fiber Strands installed as part of a Fiber Optic Project shall be allocated to the individual Participating Agencies as Noe specified in the Fiber Optic Project Agreement. The Participating Agencies shall own all right and title to these allocated Fiber Strands. G. USE OF FIBERS A Participating Agency shall have complete free and unrestricted use of the Fiber Strands installed and allocated to it under a Fiber Optic Project Agreement for any lawful purpose subject to applicable agreements, approvals,permission and permits. Common Fiber Spares, if provided for in a Fiber Optic Project Agreement, shall be shared in common among the Participating Agencies only. Identified Common Fiber Spares shall be used only as replacements for disabled Fibers Strands unless documented and agreed to in a Fiber Optic Project Document. Use of spare fibers shall be implemented by the Lead Agency,with notification to all Participating Agencies. H. SALE OF FIBERS Participating Agencies who wish to sell or otherwise transfer their allocated �rrr fibers to any other party must obtain written and unanimous approval from 9 Terms and Conditions for Sharing of Fiber Optic installation Projects all Participating Agencies,whom are also granted right of first refusal regardless of circumstances of the sale. PARTICIPATING AGENCIES RIGHT OF FIRST REFUSAL Before any allocated fibers held by a Participating Agency may be sold or otherwise transferred(including transfer by gift or operation of law),the other Participating Agencies,either individually or collectively,shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this section. (a) Notice of Proposed Transfer. The selling Participating Agency shall deliver to all Participating Agencies a written notice Notice stating: (i)the bona fide intention to sell or otherwise transfer such allocated fibers;(ii)the name of each proposed purchaser or other transferee; (iii)the number of fibers to be transferred to each proposed transferee;(iv)the bona fide cash price or other consideration for which the selling Participating Agency proposes to transfer the allocated fibers and the material terms and conditions of the proposed transfer(the"Offered Terms")and(b)offer the allocated fibers at the Offered Terms to the other Participating Agencies. (b) Exercise of Right of First Refusal. At any time within 60 days after receipt of the notice,the other Participating Agencies,either individually or °"1 collectively,may,by giving written notice to the selling Participating Agency,elect to purchase all,but not less than all,of the allocated fibers proposed to be transferred to any one or more of the proposed transferees,at the purchase price and on the terms determined in accordance with subsection(c)below. (c) Purchase Price. The purchase of the allocated fibers by the other Participating Agencies,either individually or collectively,under this section shall be identical in all material respects to the Offered Terms. (d) Payment. Payment of the purchase price shall be made in accordance with the Offered Terms,within ninety(90)days after delivery of the written notice by the other Participating Agencies,either individually or collectively, as set forth in(b)above. (e) Right to Transfer. If all allocated fibers proposed in the notice to be transferred to a given proposed transferee are not purchased by the other Participating Agencies,either individually or collectively,the Participating Agency may sell or otherwise transfer such allocated fibers to that proposed transferee,provided that such sale or other transfer is consummated within Nuid 10 Terms and Conditions for Sharing of Fiber Optic installation Projects sixty(60)days after the date of the notice and provided further that any such Num" sale or other transfer is affected in accordance with Offered Terms as presented to the other Participating Agencies. If the allocated fibers described in the notice are not transferred to the proposed transferee within such period,a new notice shall be required and the other Participating Agencies,either individually or collectively,shall again be offered the Right of First Refusal before any allocated fibers held by the may be sold or otherwise transferred. (f) Any entity purchasing the right to use fibers installed under a Fiber Optic Project Agreement must agree to all the terms and conditions of this Agreement,including the General Terms and Conditions,Exhibits and Addenda as specified in this document and shall notify the Facility Owner(s) of any such purchase. Participating Agencies may grant the right to use their fiber allocation to any other party provided the sale or lease is approved by a majority of the other Participating Agencies. Such approval shall not be reasonably withheld. J. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES °err Nothing in this document precludes Participating Agencies from entering into separate agreements with other Participating Agencies to utilize fiber optic cable other than the Fiber Optic Cable installed pursuant to a Fiber Optic Project Agreement. K. TAXES The Participating Agencies shall pay,before delinquency,all applicable taxes, levies,and assessments arising from their joint installations and undertakings under a Fiber Optic Project Agreement L. PAYMENTS Participating Agencies shall pay all amounts owed to the Lead Agency within forty-five(45)days of receipt of the billing. If a Participating Agency cannot or does not make payment for charges owed or if there is a dispute as to amounts owed the such dispute shall be resolved through the process identified in this Agreement. If the Participating Agency fails to make payment as required,then its 11 Teens and Conditions for Sharing of Fiber Optic Installation Projects allocated Fiber Strands shall become the property of the other Participating Agencies and those Participating Agencies may either reallocate the Fiber vierd Strands amongst themselves or sell the Fiber Strands pursuant to the provision of Section III. H and Section III. I above. V. LEAD AGENCY RESPONSIBILITIES A. GENERAL RESPONSIBILITY OF LEAD AGENCY The Lead Agency shall be responsible for the overall management of the Work necessary for the successful completion of the Fiber Optic Project, as the agent of the Participating Agencies in the Fiber Optic Project,pursuant to the teens and condition of the applicable Fiber Optic Project Agreement. The Lead Agency shall have the authority and be responsible for negotiating and entering into such separate contract agreements as are necessary with Facility Owners for the specific use of their Facilities in furtherance of the Fiber Optic Project.The Lead Agency will also have the authority to enter into and manage such separate contract agreements with contractors as are necessary to perform all or part of the Work associated with the Fiber Optic Project. The Lead Agency is responsible for ensuring that all applicable terms and conditions of the Fiber Optic Project Agreement(s),General Terms and Conditions,exhibits and addenda are included in the contract agreements with Facility Owners and contractors. Prior to execution of any contract agreements with Facility Owners or contractors,the Lead Agency shall provide an opportunity for the Participating Agencies to review and comment on such agreements. In the event there is a dispute regarding any of the provisions or lack of provisions of any agreement,such dispute shall be resolved through the process identified in this Agreement. The Lead Agency shall keep the Participating Agencies informed as to the status of the Fiber Optic Project. B. AGREEMENTS,APPROVALS,PERMISSIONS AND PERMITS The Lead Agency shall be responsible for obtaining all necessary agreements,approvals,pennissions and permits and any other documents required or necessary for the successful completion of the Fiber Optic 12 Terms and Conditions for Sharing of Fiber Optic Installation Projects Project and to keep them in place and current. C. NOTICE OF INSTALLATION AND TESTING The Lead Agency shall notify the Participating Agencies when initial installation of the Fiber Optic Cable and acceptance testing of all of the Fiber Strands have been completed. D. MAINTENANCE AND REPAIR RESPONSIBILITIES I. Maintenance and Repair of Fiber Optic Cable,Fiber Strands,and Pathway Maintenance of the Fiber Optic Cable and Fiber Strands within Fiber Optic Cable installed pursuant to a Fiber Optic Project Agreement shall be the responsibility of the Lead Agency as agent for the Participating Agencies up to the Demarcation Point.Lead Agency maintenance responsibility shall continue for the term of the Fiber Optic Project Agreement and for any extensions or renewals. 440, In instances where service to any of the Participating Agencies has been interrupted on the Lead Agency side of the Demarcation Point, the Lead Agency,at the Participating Agencies'request,will make a reasonable effort to complete repairs of the Fiber Optic Cable as soon as practicably possible provided that all necessary permissions to effect the repairs has been obtained from the Facility Owner(s). Restoration of telecommunications,traffic control,and public safety services shall be given the highest priority in the event that any of these services and the Participating Agencies'telecommunications services are interrupted at the same time,unless otherwise agreed to by the Participating Agencies at the time of restoration. In the event of an outage,the Participating Agencies shall promptly work to restore the functionality of the Fiber Optic Cable as soon as reasonably possible and practical after restoration of any other necessary services. The Participating Agencies shall not cut or otherwise damage Fiber Optic Cable unless absolutely necessary for the safe and prompt restoration of telecommunications,traffic control and street lighting systems. 2. Maintenance and Repair Expenses '41010, 13 Terms and Conditions for Sharing of Fiber Optic Installation Projects The Participating Agencies shall be responsible for the expense of maintenance and repair of the Fiber Optic Cable and Fiber Strands for the duration of the Fiber Optic Project Agreement and any extensions or renewals thereof on a basis proportional to the ownership of Fibers Strands allocated to each Participating Agency or by such other method as may be specified in the applicable Fiber Optic Project Agreement(s). The designated maintenance manager shall review ongoing maintenance expenses with Participating Agencies as reasonably requested,but at least on an annual basis. The Lead Agency shall contract with a vendor capable of making any necessary repairs. The contract shall provide for around the clock service,defined response times and supply guarantees. E. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO BE PROVIDED TO THE LEAD AGENCY All reasonable and necessary costs and expenses incurred by the Lead Agency in performance of any Work to successfully complete a Fiber Optic Project shall be actual and verifiable. The Lead Agency shall provide documentation of its methodology for computing any Indirect Costs, including Indirect Costs for Facility Owners. The Participating Agencies *400 shall reimburse the Lead Agency within forty-five(45)days of receipt of the Lead Agency's statement of charges. F. LEAD AGENCY'S NONCOMPLIANCE The Lead Agency shall make its best good faith effort to adhere to the terms, condition and requirements of the Work as provided in the Fiber Optic Project Agreement,and the required record keeping as provided in this Agreement.Absent negligence or other misconduct on the part of the Lead Agency, any additional Work necessary to conform the Work to requirements of the Fiber Optic Project Agreement will be a general project cost allocated to the Participating Agencies. Where there has been negligence or other misconduct on the part of the Lead Agency,and additional Work is necessary to conform the Work to requirements of the Fiber Optic Project Agreement shall be at the expense of the Lead Agency. G. AUDIT 14 Terms and Conditions for Sharing of Fiber Optic Installation Projects The Lead Agency shall permit Participating Agencies or designated agent(s) Now thereof from time to time(including up to five years after the expiration or termination of a Fiber Optic Project Agreement),to inspect and audit all pertinent books and records of the Lead Agency,the subcontractors or any other person or entity in connection with or related to the Fiber Optic Project with respect to the services provided,costs thereof,and the compensation paid therefore. Such audit shall occur at such reasonable times and at such reasonable location(s)as mutually agreed to by the Participating Agencies and the Lead Agency. VL FACILITY OWNER RIGHTS AND RESPONSIBILITIES A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILI LIES 1. Use of and Facilities owned by a Participating Agency shall comply with all requirements of the Participating Agency that owns them. Use of a Facility shall be designed and constructed so as to maximize the reasonable additional future use of such Facility. The general project costs shall include all fees and charges for the use of the Facility. 2. This Agreement shall not be construed to authorize any Participating Agency to make use of any other Participating Agency's Facilities unless such use is specifically authorized by the Participating Agency in its capacity as a Facility Owner. 3. The Facility Owner has final approval of planning,engineering, design,material,and maintenance for all portions of a Fiber Optic Project on or within its Facilities. B. APPROVALS All contractors hired by the Lead Agency to Work within or on Facilities shall be subject to approval by Facility Owner(s), such approval not to be unreasonably easonably withheld. In all agreements with contractors,the Facility Owner(s)may require the Lead Agency to specify that the contractors attend one or more pre-construction meetings with the appropriate Participating Agencies and Facility Owners to review installation requirements for the Work and any restrictions or other requirements that must be adhered to, prior to any Work being performed in or on Facilities. The contractor agreement shall state that the Facility Owner or the Participating Agency has 15 Terms and Conditions for Sharing of Fiber Optic Installation Projects authority to stop inadequate or unsafe Work or require that inadequate or unsafe Work be corrected,as provided by this Agreement.- C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS 1. Risk of Co-location In choosing to co-locate any components of a Fiber Optic Project in any Facilities,the Participating Agencies acknowledge and accept all risks that are associated with having components of the Fiber Optic Project co-located with in any such Facility. 2. Easements Participating Agencies acknowledge that existing easements may not be sufficient and are not warranted to be available for the purpose of this Agreement and/or any Fiber Optic Project Agreement. Additional easements may be required. D. ACCESS TO AND USE OF FACILff1hS The Lead Agency shall obtain access to and use of Facilities from Facility Owners for the purpose of installing,maintaining and repairing components of the Fiber Optic Project,including all agreements,approvals,permissions, and permits required. Such Access shall be subject to Facility availability as reasonably determined by the Facility Manager,and any and all reasonable conditions specified by the Facility Owner. 1. Permission to Enter Access to Facilities shall be allowed only after the Facility Owner has been notified per item 2.,below,and permission has been granted by the Facility Owner. 2. Requests for Access All requests for access to Facilities must be made through the appropriate Facility Manager or designee in writing(facsimile or email acceptable),and shall be subject to the restrictions and conditions in this Agreement. 44000 16 Terms and Conditions for Sharing of Fiber Optic Installation Projects In the event of an emergency,requests for access may be made in + rr► person or by telephone.,In such cases,prompt written documentation of the request will follow. 3. Buildings If the Lead Agency desires to utilize space in any building,the Lead Agency shall comply with the restrictions and conditions specified by the designated building manager. 4. Conformance to Regulations Access to and use of any Facility shall be in conformance with all codes,regulations and requirements. E. BUILDING ENTRANCES In the event that an existing Building Entrance that is owned or controlled by one of the Participating Agencies is not usable or is inadequate,unsafe or would or could potentially cause a problem for either entering a building or for providing access to the location in a building where the Participating Agencies have installed Fiber Optic Project components,then the Lead Agency will have the responsibility for making alternative arrangements for Building Entrance with the Facility Owner. The expense associated with any required alternative Building Entrance because the Existing Building Entrance is not usable or is inadequate,unsafe or would or could potentially cause a problem for either entering a building or for providing access to the location in a building where the Participating Agencies have installed Fiber Optic Project components shall be borne by the Participating Agencies utilizing the building as a general project cost. F. MODIFICATIONS TO FACILITIES At the Lead Agency's request,the Facility Owner shall make reasonable and necessary modifications to any existing Facilities or the Building Entrance to facilitate building access for the Fiber Optic Project. Any requests by the Lead Agency for such modifications shall be made to the Facility Owner and/or Manager. Costs for such modifications shall be paid as allocated in the Fiber Optic Project Agreement. The design and construction of any required modifications to any Facility or +err 17 Terms and Conditions for Sharing of Fiber Optic Installation Projects Building Entrance shall be subject to the review and approval by the Facility Owner and Participating Agencies. Any unauthorized modifications must be corrected at the expense of the Lead Agency. G. RELOCATION OF FIBER OPTIC CABLE The Lead Agency will work with the Facility Owner to make a good faith effort to ensure that the Fiber Optic Cable within or on Facilities is designed and constructed so as to minimize the likelihood of future relocation. However,upon notice from the Facility Owner that relocation is required, the Lead Agency shall work with the Facility Owner to ensure timely relocation of such Fiber Optic Cable. The Facility Owner has the right of pre-approval and post-construction acceptance of any work required either to remove cable from within or on Facilities or to place cable within or on alternative Facilities. 1. All relocations of Fiber Optic Cable,regardless of reason,will be managed by the Lead Agency. All relocations will be managed as a part of and under the terms and conditions of existing Fiber Optic Project Agreement that controlled the original construction and installation. 2. Notice Except for emergency situations,the Facility Owner will give the Lead Agency at least ninety(90)days notice of the need to relocate any components of the Fiber Optic Project located within or on Facilities. 2. Relocation When relocation is required,the Facility Owner shall,when possible, provide substitute Facilities within or on which the Participating Agencies may relocate the components of the Fiber Optic Project. H. RIGHTS OF PROPERTY Nothing in the General Terms and Conditions,Exhibits and/or Addenda shall be construed to convey to the Participating Agencies any property rights in existing Facilities of a Facility Owner. Nothing in the General Terms and Conditions,Exhibits and/or Addenda shall be construed to NIS 18 Terms and Conditions for Sharing of Fiber Optic Installation Projects compel a Facility Owner to maintain any of its Facilities for a period longer vr.r than is necessary for its own service requirements. In the event that Facilities are abandoned by the Facility Owner,the Participating Agencies may remain in such Facilities at their own risk,subject to the approval of the Facility Owner. Any property rights in Facilities created or constructed as part of a Fiber Optic Project Agreement will be allocated per the Fiber Optic Project Agreement. I. DEFAULT AND DISPUTE RESOLUTION The Participating Agencies desire, if possible,to resolve disputes, controversies and claims("Disputes")arising out of this Agreement or any Fiber Optic Project Agreement without litigation. To that end,if any Participating Agency believes that another Participating Agency,whether as a Participating Agency,Facility Owner,or Lead Agency, has failed to perform any obligation under this Agreement or any Fiber Optic Project Agreement or has performed such obligation in a manner inconsistent with this Agreement or any Fiber Optic Project Agreement, then the Participating Agency shall provide written notice to all Participating Agencies,stating with reasonable specificity the nature of the Dispute. Now Thereafter, each Participating Agency shall appoint a knowledgeable, responsible management representative to meet within thirty(30)days of the da e of the written notice and negotiate in good faith to resolve any Dispute.The Participating Agencies intend that these negotiations be conducted by non-lawyer,business representatives. The discussions shall be left to the discretion of the representatives. The Participating Agencies agree that the discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement,shall be exempt from discovery and production,and shall not be admissible in any action or proceeding arising under or concerning this Agreement or any Fiber Optic Project Agreement,without the concurrence of all parties. Documents identified in or provided with such communications,which are not prepared for purposes of the negotiations,are not so exempted and may, if otherwise admissible,be admitted in evidence in any such action or proceeding. If the negotiations between the Participating Agencies do not resolve the Dispute within sixty(60)days of the initial written request,the Dispute shall be submitted to non-binding mediation with a mediator chosen by mutual New 19 Terms and Condition for Sharing of Fiber Optic Installation Projects agreement of the parties or,in the absence of such agreement,with Judicial Dispute Resolution,LLC. Each Participating Agency shall bear its own cost of these Dispute resolution procedures. The Participating Agencies that are party to the mediation shall equally share the fees of the mediation and the mediator. Nothing in this paragraph precludes any Participating Agency from seeking relief from King County Superior Court should mediation efforts be unsuccessful. VII. RELATIONSHIP BETWEEN LEAD AGENCY AND CONTRACTORS A. RESPONSIBILITY The Lead Agency is responsible for ensuring that the applicable terms and conditions of the Project Agreement,General Terms and Conditions, exhibits and addenda are included in Agreements with Facility Owners and contractors. However,each contractor shall be held liable for any negligence caused by its performance or failure to perform the work under the Project Agreement or any contracts with the Lead Agency. B. APPROVALS All contractors hired by the Lead Agency to work within or on Facilities shall be subject to approval by Facility Owner(s). In all agreements with contractors,the Facility Owner(s)may require the Lead Agency to require such contractors to attend a pre-construction meeting with the appropriate authority to review installation requirements and Work restrictions prior to any Work being performed in or on Facilities. The contractor's agreement shall state that the Facility Owner or the jurisdiction having rights-of-way has authority to stop Work or require that inadequate Work be corrected. C. INSURANCE Prior to undertaking any work under any Fiber Optic Project Agreement,the Lead Agency shall ensure that all contractors,at no expense to the Lead Agency,Participating Agencies and Facility Owner(s),have obtained and NIS 20 Terms and Conditions for Sharing of Fiber Optic Installation Projects filed with the Lead Agency,acceptable evidence of a policy or policies of insurance as enumerated in the applicable Fiber Optic Project Agreement. VIII. INDEMNIFICATION AND LIMITATION OF LIABILITY A. LIMITATION OF LIABILITY AND INDEMNITY—LEAD AGENCY The Lead Agency,when acting in that capacity,shall not be liable,in law or in equity,to the Facility Owner,Participating Agencies,or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project,except to the extent caused by the gross negligence or willful misconduct of the Lead Agency. The Facility Owners and Participating Agencies shall indemnify and save harmless the Lead Agency,its officers,employees,and agents from all claims,actions, liability,and damages of any nature arising out of any act or omission, except in the event of gross negligence or willful misconduct by the Lead Agency in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable,the Facility Owner shall immediately upon learning of such Now claim,notify the Lead Agency,and upon such notice,the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may,at their option,settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or otherwise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. THE LEAD AGENCY SHALL NOT BE LIABLE TO THE FACILITY OWNER,PARTICIPATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. B. LIMITATION OF LIABILITY AND INDEMNITY—FACILITY OWNERS Facility Owners,when acting in that capacity,shall not be liable,in law or in equity,to the Lead Agency,Participating Agencies,or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project,except to the extent caused by the 21 Terris and Conditions for Sharing of Fiber Optic Installation Projects gross negligence or willful misconduct of the Facility Owner. The Lead Agency and Participating Agencies shall indemnify and save harmless Facility Owners,their officers,employees,and agents from all claims, actions, liability,and damages of any nature arising out of any act or omission,except in the event of gross negligence or willful misconduct by the Facility Owner in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable,the Facility Owner shall immediately upon learning of such claim,notify the Lead Agency,and upon such notice,the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may,at their option,settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay,settle or otherwise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. THE FACILITY OWNER SHALL NOT BE LIABLE TO THE PARTICIPATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTER- RUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. C. LIMITATION OF LIABILITY AND INDEMNITY—PARTICIPATING AGENCIES A Participating Agency,when acting in that capacity,shall not be liable,in law or in equity,to the Lead Agency,the Facility Owners or any other Participating Agency,or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project,except to the extent caused by the gross negligence or willful misconduct of that Participating Agency. The Lead Agency,the Facility Owner and the other Participating Agencies shall indemnify and save harmless a Participating Agency and its officers,employees,and agents from all claims,actions,liability,and damages of any nature arising out of any act or omission,except in the event of gross negligence or willful misconduct by that Participating Agency in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable,the Facility Owner shall immediately upon learning of such claim,notify the Lead Agency,and upon such notice,the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may,at their option,settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay,settle or otherwise 22 Terms and Conditions for Sharing of Fiber Optic Installation Projects compromise such claim without the prior written consent of the Participating 41mor Agencies who shall not unreasonably withhold such consent. A PARTICIPATING AGENCY SHALL NOT BE LIABLE TO THE LEAD AGENCY,THE FACILITY OWNER,OR OTHER PARTICIPATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. IX. ADDITIONAL TERMS AND CONDITIONS A. LAWS,LICENSES,AND PERMITS 1. General Requirement All Work done under this Agreement or any Fiber Optic Project Agreement shall comply with all applicable federal,state,and local laws,and all rules,regulations,orders,and directives of the administiative agencies and officers thereof. 2. Licenses,Permits and Similar Authorizations The Participating Agencies shall have and maintain in effect at all times all necessary franchises,licenses,permits,consents and easements from federal,state and local authorities and the owners of rights-of-way and private property. The Participating Agencies will comply with all requirements thereof to install,construct,maintain, operate and remove any fiber optic installation(s). B. PERFORMANCE Each Participating Agency will perform all of its obligations under this Agreement or any Fiber Optic Project Agreement in a reasonable and timely manner. The standard for such performance will be the normal industry standard in the relevant market. Where any Participating Agency's approval, satisfaction,authorization,or similar approbation is required,such approval, satisfaction,authorization,or similar approbation will be forthcoming in a timely manner and will not be unreasonably withheld. 23 Terms and Conditions for Sharing of Fiber Optic Installation Projects C. SUBJECT TO LAWS This Agreement and any Fiber Optic Project Agreements are subject to all applicable federal,state,and local laws,and regulations,rulings and orders of governmental agencies. Any Participating Agency may terminate its obligations under this Agreement or any Fiber Optic Project Agreement if ordered to do so by the final order or filing of a court or other governmental agency or if such order or ruling would make it impossible for any Participating Agency to carry out its obligations.. In addition,if at any time during the term of this Agreement or any Fiber Optic Project Agreement,the action of a governmental agency requires modification of any terms and conditions in order to meet legal requirements,or renders performance by any Participating Agency unreasonable,the Participating Agencies will enter into negotiations to achieve an equitable adjustment and accounting of any increased costs or liabilities incurred by any Participating Agency as a result of such required modification. The preceding section shall not apply to a court order determining that the Participating Agencies'use violates a private easement. The Participating Agencies, in their capacity as Facility Owners,have no actual knowledge of any restriction in their agreements with third parties which would prohibit the Participating Agencies'use of Facilities as contemplated herein. The Participating Agencies recognize that the Facility ,, ,yr Owners have done no special searches or investigations with respect to restrictions in their agreements with third parties that may affect the use of Facilities as contemplated this Agreement or by any Fiber Optic Project Agreement. D. FORCE MAJEURE Any Participating Agency may suspend performance under this Agreement or any Fiber Optic Project Agreement and such non-performance will be excused where performance is rendered impossible or impracticable for reasons beyond such Participating Agency's reasonable control, such as,but not limited to,acts of nature,war or warlike operations,civil commotion, riot, labor dispute including strike,walkout,or lockout,sabotage,or superior governmental regulation or control. Upon removal or termination of the force majeure event,the Participating Agency claiming force majeure shall promptly perform the affected obligations in an orderly and expedited manner or procure a substitute for such obligation. The Participating Agencies shall use all reasonable efforts to eliminate or minimize any delay caused by a force majeure event. 24 Terms and Conditions for Sharing of Fiber Optic Installation Projects E. NO WAIVER ''err • No term or provision hereof shall be deemed waived or consented to,and no breach excused unless such waiver or consent shall be in writing and signed by the Participating Agency claimed to have waived or consented. Failure of any one more Participating Agencies to insist upon strict performance of,or that Participating Agency's waiver of,any of the terms, conditions,or obligations of either the General Terms and Conditions or a specific Fiber Optic Project Agreement,shall not be a waiver of any other term,condition,covenant or obligation,or of any subsequent default by breach of the same or other term,condition,covenant or obligation contained herein by any one or more particular Participating Agencies, nor shall such action or inaction by any one or more Participating Agencies be constructed as to bind or prejudice any other Participating Agency. F. SEVERABILITY In the event any section,sentence,clause,or phrase of the General Terms and Conditions or a specific Fiber Optic Project Agreement is adjudicated to 44)110, be invalid or illegal by a court of last resort and of competent jurisdiction, the remainder of the General Terms and Conditions or of a specific Fiber Optic Project Agreement shall be unaffected by such adjudication and all other provisions shall remain in full force and effect as though the section, clause,or phrase so adjudicated to be invalid had not been included herein. The Participating Agencies agree to then negotiate,in good faith,a replacement section,sentence,clause,or phrase which is legal and most closely represents the original intent of the Participating Agencies. G. RIGHTS CUMULATIVE The rights and remedies of the Participating Agencies provided for under the General Terms and Conditions or under a specific Fiber Optic Project Agreement are in addition to any other rights and remedies provided by law. The failure to exercise on any occasion any right shall not operate to forfeit such right on another occasion. The use of one remedy shall not exclude or waive the right to use another. Alowe 25 Terms and Conditions for Sharing of Fiber Optic Installation Projects H. CONTRACTUAL RELATIONSHIP • The General Terms and Conditions do not constitute the Participating Agencies as the agent or legal representative of a Facility Owner for any purpose whatsoever. The Participating Agencies are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the Facility Owner or to bind the Facility Owner in any manner or thing whatsoever. HEADINGS The titles of sections are for convenience only and do not define or limit the contents. J. APPLICABLE LAW AND VENUE This Agreement and any Fiber Optic Project Agreements among the Participating Agencies shall be construed and interpreted in accordance with the laws of the State of Washington,and venue of any action brought hereunder shall be in the Superior Court for King County. K. BINDING EFFECTS The provisions,covenants and conditions in the General Terms and Conditions and in any specific Fiber Optic Project Agreement apply to bind the Participating Agencies,their legal heirs,representatives,successors,and assigns. L. ASSIGNMENT No Participating Agency or Lead Agency shall assign its rights or assign its duties under this Agreement or any Fiber Optic Project Agreement without the prior written consent of the other Participating Agencies,which consent shall not be unreasonably withheld. M. NOTICES All notices and other materials to be delivered hereunder, shall be in writing and shall be delivered or mailed to addresses as identified in Exhibit A to this Agreement and in any Fiber Optic Project Agreement. 26 Terms and Conditions for Sharing of Fiber Optic Installation Projects Nome . N. MODIFICATION OR AMENDMENT No modification to or amendment of the provisions of the General Terms and Conditions or of any specific Fiber Optic Project Agreement shall be effective unless in writing and signed by authorized representatives of the Participating Agencies to this Agreement and the Fiber Optic Project Agreement. The Participating Agencies expressly reserve the right to modify any agreement, from time to time,by mutual agreement. O. EXECUTED IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be an original,but all of which together shall constitute but one instrument. P. SUPERCEDES CITY OF KIRKLAND FRANCHISE This Agreement and any Fiber Optic Project Agreements supersedes the Franchise granted to the Lake Washington School District for purposes of its fiber optic cable to the extent it contains terms and conditions which change, modify,delete,add to,supplement or otherwise amend the terms and conditions of the Franchise. louse 27 Terms and Conditions for Sharing of Fiber Optic Installation Projects IN WITNESS WHEREOF,the parties hereto have executed these General Terms and Conditions For Sharing of Fiber Optic Installation Projects on the respective dates indicated below. Approved as to Form: David Ramsay Date City Attorney City Manager,City of Kirkland Approved as to Form: Steve Sarkozy Date City Attorney City Manager,City of Bellevue Weldon Ihrig Date Executive Vice President University of Washington Robert Collard Date Assistant Superintendent Business Services Lake Washington School District 28 Terms and Conditions for Sharing of Fiber Optic Installation Projects Now Exhibit A Participating Agencies,Approvals,and Contacts Notices under the Agreement shall be as follows: To the City of Kirkland: Donna Gaw Network and Operations Division Manager City of Kirkland 123 5th Avenue Kirkland, WA 98033 dgaw(a ci.kirkland.wa.us 425 828 2227 To the Lake Washington School District: MIS MANAGER PO Box 97039 Redmond, WA 98073-9739 To the City of Bellevue: Gary Clesson City of Bellevue Senior Technology Architect 301 116th Ave SE Suite 450 Bellevue,WA 98004 To the University of Washington: Weldon Ihrig Executive Vice President Office of the Executive Vice President University of Washington 306 Gerberding Hall Box 351235 Seattle, WA 98195 Any Party may change the person(s)to be notified or the address for the notification by giving written notice of the change,in writing,to the persons then designated to receive routine notices. iftoiti CITY OF RENTON, WASHINGTON Now, RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT, ENTITLED "ADDENDUM #26 FOR SHARING OF FIBER OPTIC INSTALLATION PROJECTS", WITH THE CITY OF BELLEVUE, THl: CITY OF KIR LAND, THE LAKE WASHINGTON SCHOOL DISTRICT, THE UNIVERSITY OF WASHINGTON, THE BELLEVUE SCHOOL DISTRICT AND EVERGREEN HOSPITAL, TO PROVIDE AN ALTERNATIVE TO THE KING COUNTY INET AND TO BETTER SERVE ADDITIONAL AREAS WITHIN THE CITY OF RENTON. WHEREAS, the City of Bellevue, the City of Kirkland, the Lake Washington School District, the University of Washington, the Bellevue School District and Evergreen Hospital (the Participating Agencies) have entered into the General Terms and Conditions for Sharing of Fiber Optic Installation Projects; and '`r WHEREAS,the Participating Agencies desire to enter into a Fiber Optic Project Agreement for a planned Fiber Optic Project; and WHEREAS, the City of Renton desires to participate in the planned Fiber Optic Project and future Fiber Optic Projects but cannot because it is not a Participating Agency subject to the General Terms and Conditions for Sharing of Fiber Optic Installation Projects; and WHEREAS,Renton School District desires to participate in the planned Fiber Optic Project and future Fiber Optic Projects but cannot because it is not a Participating Agency subject to the General Terms and Conditions for Sharing of Fiber Optic Installation Projects; and WHEREAS, the current Participating Agencies desire to amend the General Terms and Conditions for Sharing of Fiber Optic Installation Projects to add the City of Renton and Renton 1 RESOLUTION NO. School District each separately and individually, as a Participating Agency for participation in the planned Fiber Optic Project and future Fiber Optic Projects; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION IL The Mayor and City Clerk are authorized to enter into the interlocal agreement entitled Addendum #26 General Terms and Conditions for Sharing of Fiber Optic Installation Projects. 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.1185:5/16/06:ma 2 CITY OF RENTON COUNCIL AGENDA BILL , AI#: Submitting Data: Planning/Building/Public Works For Agenda of: June 5, 2006 Dept/Div/Board.. Technical Services Staff Contact Karen McFarland, x7209 Agenda Status Consent X Subject: Public Hearing.. Council Extension of Preliminary Approval for the Correspondence.. Merrill Gardens at Renton Center(LA-05-001) Ordinance Latecomer Request Resolution Old Business Exhibits: New Business 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: At its regular meeting on June 6, 2005, Council granted preliminary approval of the Merrill Gardens at Renton Centre(LA-05-001) latecomer request for a period of one year, which expires on June 6, 2006. As construction has not been completed, this latecomer is not yet ready for further processing by staff and preliminary approval needs to be extended. The contractor is currently well into construction and is progressing at an acceptable rate. STAFF RECOMMENDATION: Extend preliminary approval of the Merrill Gardens at Renton Centre (LA-05-001) latecomer request for a period of one year to expire on June 6, 2007. C:\Documents and Settings\mpetersen\Local Settings\Temp\agbill0506.doc\KLMtp CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: Planning/Building/Public Works For Agenda of: June 5, 2006 Dept/Div/Board.. Technical Services Staff Contact Karen McFarland, x7209 Agenda Status Consent X Subject: Public Hearing.. Council Extension of Preliminary Approval for the Correspondence.. Liberty Grove (LA-05-002) Latecomer Request Ordinance Resolution Old Business Exhibits: New Business Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment 1/41100, Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: At its regular meeting on June 6, 2005, Council granted preliminary approval of the Liberty Grove (LA-05-002) latecomer request for a period of one year, which expires on June 6, 2006. As construction has not been completed, this latecomer is not yet ready for further processing by staff and preliminary approval needs to be extended. The contractor is currently well into construction and is progressing at an acceptable rate. STAFF RECOMMENDATION: Extend preliminary approval of the Liberty Grove (LA-05-002) latecomer request for a period of one year to expire on June 6, 2007. H:\File Sys\PRM-Property Services Administration\PRM-27-Assessment Districts From 1994 and Forward\0029\Liberty Grove\agbil10506.doc\KLMtp CITY OF RENTON COUNCIL AGENDA BILL Al#: 1 ` Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation/Aviation Section June 5, 2006 Staff Contact Ryan Zulauf,Airport Manager, Agenda Status x7471 Consent X Subject: Public Hearing.. Correspondence.. Building Lease Agreement with AirO, Inc. for the 790 Ordinance Building Resolution Old Business Exhibits: New Business X Study Sessions Issue Paper Information Building and Ground Lease Agreement Recommended Action: Approvals: Legal Dept X Refer to Transportation(Aviation) Committee Finance Dept Other Human Resources/Risk Mgmt.... X kit/toe Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $25,116.00 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: AirO, Inc. has requested to lease 3,373 square feet of the 790 Building, and 17 adjacent parking stalls, at the Airport for the purpose of subleasing the space to Geneva Aviation, which intends to operate an aviation business office and parts manufacturing facility. A Building and Ground Lease Agreement has been drafted for AirO, Inc., with a term of 6%2 years, to expire on November 1, 2013. The projected annual revenue generated for this lease is $25,116,before state leasehold tax. STAFF RECOMMENDATION: Approve a building lease with AirO, Inc. for a portion of the 790 Building and 17 adjacent parking stalls, and authorize the Mayor and City Clerk to sign the Building and Ground Lease Agreement with AirO, Inc. L C:\Documents and Settings\mpetersen\Local Settings\Temp\Revised Agenda bill AirO-790 bldg.doc ti` Y p PLANNING/BUILDING/ af, PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: June 5, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: \*' Kathy Keolker, May r FROM: Gregg ZimmermanPAministrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: Building Lease Agreement with AirO, Inc. for the 790 Building ISSUE: Should Council approve a building lease with AirO, Inc. for a portion of the 790 Building and adjacent parking stalls at the Airport? RECOMMENDATION: Approve a building lease with AirO, Inc. for a portion of the 790 Building and 17 adjacent parking stalls, and authorize the Mayor and City Clerk to sign the Building and Ground Lease Agreement with AirO, Inc. BACKGROUND SUMMARY; In 2002, ownership of the 790 Building, located on the northwest side of the Airport, was transferred to the City by The Boeing Company. The Airport Maintenance Section now uses a portion of the 790 Building as a break room and for the storage of Airport equipment. The remaining area has been vacant since 2002, and has resulted in a negative cash flow for the premises. In order to lease space in the building, the second floor was remodeled, and in early summer 2006 the Quonset Hut Second Floor Fire Escape Project will be completed. AirO, Inc. has been a leaseholder on the Airport since November 2003. AirO, Inc. leases the 800 Building, which is adjacent to the 790 Building. AirO, Inc. operates an aircraft maintenance and repair facility and provides aviation fuel to the public. AirO, Inc. plans on subleasing the space in the 790 Building and adjacent parking stalls, along with hangar space in the 800 Building, to Geneva Aviation. Geneva Aviation is a manufacturing and aircraft modification business. An Operating Permit and Agreement Randy Corman,Council President June 5,2006 Page 2 of 2 for a sublease between AirO, Inc. and Geneva Aviation will be drafted and presented to Council for approval. A Building and Ground Lease Agreement for the 790 Building has been drafted with an expiration date of November 1, 2013, to match the expiration date of AirO, Inc.'s lease for the 800 Building. The annual projected revenue generated from this lease is $25,116.00, before state leasehold tax. cc: Jay Covington,CAO Peter Hahn,P/B/PW Deputy Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell/Carolyn Currie,Airport Secretary Nold h:\file sys\air-airport,transportation services division\03 projects\Oltasks\agenda bills\airo-790 bldg lease\issue paper airo-790 bldg.doc LAG 006- BUILDING AND GROUND LEASE AGREEMENT City of Renton to AirO,Inc. THIS IS A LEASE AGREEMENT between THE CITY OF RENTON, a Washington municipal corporation ("Lessor"), and AirO, Inc. a Washington corporation("Lessee") IN CONSIDERATION of the covenants and agreements hereinafter set forth, the parties agree as follows: 1. GRANT OF LEASE: 1 a. Legal Description: Seventeen (17) parking stalls, one thousand two hundred twenty (1,220) square feet on the ground floor, seven hundred sixty six (766) square feet of common area on the ground floor, and the entire second floor comprising one thousand three hundred eighty seven(1,387) square feet of the 790 Building, being a portion of the real property as shown in Exhibit "A" area map of Leased Parking Stalls, and Exhibit "B" showing the Common Area on the first floor and the Leased Area on the second floor of the 790 Building. Exhibit A and Exhibit B are attached hereto and made a part hereof as is fully set forth herein (the "Premises"). 2. CONDITIONS: 44410, 2a. Specific Conditions: This grant of lease is subject to the following: 2a(1) Easements, restrictions and reservations of record and as further set forth herein; 2a(2) Such rules and regulations as now exist or may hereafter be promulgated by the Lessor from time to time, including the Airport Regulations and Minimum Standards which are incorporated herein by this reference, and Lessor's standards concerning operation of public aviation service activities from the Airport; and 2a(3) All such non-discriminatory charges and fees for such use as may be established from time to time by Lessor; and 2a(4) TOGETHER WITH the privilege of Lessee to use the public portion of the Airport, including runway and other public facilities provided thereon, on a non-exclusive basis. 2b. No Conveyance of Airport: This Lease Agreement shall in no way be deemed to be a conveyance of the Airport, and shall not be construed as providing any special privilege for any public portion of the Airport except as described herein. The Lessor reserves the right to LEASE AGREEMENT 1 err° City of Renton to AirO,Inc. a Washington corporation LAG 006- • area on the first and second floor of 2,607 square feet and a ground floor common area of 766 square feet(which the parties stipulate to be accurate), Rental Payment Schedule Building Rental Rate First and Second Floor Leased Area - 2,607 sq. ft. @ $0.70/sq. ft./month= $1,824.90 per month, and Ground Floor Common Leased Area — 766 sq. ft. @ $0.35/sq. ft./month= $268.10 per month, or Total Monthly Rental - $1,824.90 + $268.10 = $2,093.00 per month,plus Leasehold Excise Tax, or Total Annual Rental - $2,093 x 12 months = $25,116, plus Leasehold Excise Tax. 4b. Rental Adjustment Date: Effective as of June 1, 2006, the starting date of this lease, and every three (3) years thereafter, said rental rate as herein specified shall be readjusted by and between the parties to be effective for each ensuing three(3)year period. 4c. Periodic Rental Adjustment: Lessor and Lessee do hereby agree that the annual rate of seventy cents ($0.70)per square foot per month for the leased Premises and thirty five ($0.35) cents per square foot for the Common Leased Area shall remain in effect until June 1, 2009, and effective as of that date the rental rate shall automatically be readjusted by and between the parties as specified in paragraph 4d, utilizing the increase of the Consumer Price Index, for each three (3) year period thereafter. Minimum base rental for any extended period shall not be less *1100" than the current annual rental of twenty five thousand, one hundred sixteen and 00/100 Dollars ($25,116), plus Leasehold Excise Tax. 4d. Use of Consumer Price Index-Urban: Lessor and Lessee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index - Urban (CPI-U) then in effect for all urban consumers, as published by the US Department of Labor for the Seattle-Tacoma Metropolitan Area. 4e. Notice of Request for Readjustment of Rental: Lessor and Lessee do hereby further agree that at least thirty (30) days prior to the Rental Adjustment Date, either party shall, if they desire to adjust the base land rental rate for the ensuing three (3) year period by a means other than the Consumer Price Index-Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 4f. Arbitration: If the parties are unable to agree upon such adjusted rental by negotiation for a period of thirty calendar (30) days, then the parties shall submit the matter of the adjusted rental for the ensuing period to arbitration. Lessor and Lessee do hereby agree that the arbitration process shall be limited to not more than one hundred fifty (150) calendar days, using the following procedures: LEASE AGREEMENT 3 City of Renton to AirO,Inc. a Washington corporation LAG 006- it is agreed that the prevailing party shall be entitled to recover its reasonable attorney's fees and costs of litigation as established by the court. If the matter is not litigated or resolved through a lawsuit, then any attorney's fees expenses for collection of past-due rent or enforcement of any right or duty hereunder shall entitle the city to recover, in addition to any late payment charge, any costs of collection or enforcement, including attorney's fees. 4i. Other Charges: Lessee further agrees to pay, in addition to the rentals hereinabove specified and other charges hereinabove defined, all fees and charges now in effect or hereafter levied or established by Lessor, or its successors, or by any other governmental agency or authority, being or becoming levied or charged against the leased Premises, business operations, or activities conducted by or use made by Lessee of, on, and from the leased Premises which shall include, but not be limited to, all charges for phone and cable, Aircraft Rescue and Fire Fighting or services rendered to the Lessee or leased Premises. 4j. Emergency Response: Lessee must provide reasonable access and response to the Airport Manager in times of emergency or urgency. The Lessee is wholly responsible to keep an up-to-date listing of aircraft types, identification, and owners on file and at the Airport Manager's office. 5. LEASEHOLD EXCISE TAX: Lessee hereby agrees and covenants to pay unto Lessor that certain leasehold excise tax as established by RCW Chapter 82.29A, as amended, or any replacement thereof, which tax shall be in addition to the stipulated monthly rental and shall be paid separately to the Director of Finance, City of Renton, at the same time the monthly rental is due. In the event that the State of Washington or any other governmental authority having %lo'" jurisdiction thereover shall hereafter levy or impose any similar tax or charge on this lease or the leasehold estate, then Lessee agrees and covenants to pay said tax or charge, when due. Such tax or charge shall be in addition to the regular monthly rentals. 6. PAYMENT OF UTILITIES AND RELATED SERVICES. Lessee shall pay for all light, heat, gas, power, garbage, water, and sewer used in the Premises and will pay for janitorial services of the Common Leased Area as shown in Exhibit B. Lessor shall not be liable for any loss or damage caused by or resulting from any variation, interruption, or failure of said utility services due to any cause whatsoever. Lessor shall not be liable for temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accident, strike, act of God, or conditions or events not under Lessor's control. Temporary interruption or failure of utility services shall not be deemed a breach of the Lease or as an eviction of Lessee, or relieve Lessee from any of its obligations hereunder. 7. LESSEE'S ACCEPTANCE OF PREMISES. 7a. General Acceptance of Premises: By occupying the Premises, Lessee formally accepts the same in AS IS condition, and acknowledges that the Lessor has complied with all the requirements imposed upon it under the terms of this Lease with respect to the condition of the Premises at the commencement of this term. Lessor agrees to obtain an occupancy permit for the LEASE AGREEMENT 5 ,41aw City of Renton to AirO,Inc. a Washington corporation LAG 006- • 8f. Waste; Nuisance; Illegal Activities: Lessee covenants that he will not permit any waste, damage, or injury to the Premises or improvements thereon, nor allow the maintenance of any nuisance thereon, nor the use thereof for any illegal purposes or activities. 8g. Increased Insurance Risk: Lessee will not do or permit to be done in or about the premises anything which will be dangerous to life or limb, or which will increase any insurance rates upon the premises or other buildings and improvements. 8h. Hazardous Waste: 8h(1). Lessee's Representation and Warranty: In particular, Lessee represents and warrants to the Lessor that Lessee's use of the Premises will not involve the use of any hazardous substance (as defined by R.C.W. Chapter 70.105D, as amended), other than fuels, lubricants and other products which are customary and necessary for use in Lessee's ordinary course of business. 8(h)2. Standard of Care: Lessee agrees to use a high degree of care to be certain that no such hazardous substance is improperly used, released or disposed on the Premises during the term of this lease by Lessee, its agents or assigns, or is improperly used, released or disposed on the premises by the act of any third party. 8h(3). Indemnity: 8h(3)(a) The parties agree that Lessor shall have no responsibility to the Lessee, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or other legislation, in the event of a release of or disposition of any such hazardous substance on, in, or at the Premises, and not caused by Lessor, during the term of this Lease. Lessee agrees to indemnify and hold harmless the Lessor from any obligation or expense, including fees incurred by the Lessor for attorneys, consultants, engineers, damages, including environmental resource damages, etc., arising by reason of the release or disposition of any such hazardous substance upon the Premises not caused by Lessor, including remedial action under R.C.W. Chapter 70.105D, during the term of this Lease. 8h(3)(b) The parties agree that Lessee shall have no responsibility to the Lessor, or any other third party, for remedial action under R.C.W. Chapter 70.105D, or other legislation, in the event of a release of or disposition of any such hazardous substance on, in, or at the Premises, and not caused by Lessee, prior to the term of this Lease. Lessor agrees to indemnify and hold harmless the Lessee from any obligation or expense, including fees incurred by the Lessee for attorneys, consultants, engineers, damages, including environmental resource damages, etc., arising by reason of the release or disposition of any such hazardous substance upon the Premises not caused by Lessee, including remedial action under R.C.W. Chapter 70.105D, prior to the term of this Lease. LEASE AGREEMENT 7 City of Renton to AirO,Inc. a Washington corporation LAG 006- shall not be called upon to make any improvements, alteration, or repair of any kind upon the leased Premises, excluding the Common areas shown on Exhibit B. Lessee is responsible for the *`"""` clean-up and proper disposal at reasonable and regular intervals of rubbish, trash, waste and leaves upon the Premises. Lessee shall maintain in good condition and repair of the leased premises, including without limitation, the interior walls, floors, and ceilings, the interior portions of all doors, windows, glass, within the building, parking areas and air conditioning serving the premises. Lessee shall maintain and make all repairs, replacements and renewals, whether ordinary or extraordinary, seen or unforeseen to maintain the leased Premises, excluding the Common areas as shown on Exhibit B. 9b. Removal of Snow/Floodwater/Mud: Lessee shall be responsible for removal of snow and/or floodwaters or mud deposited therefrom from the Premises, with the disposition thereof to be accomplished in such a manner so as to not interfere with or increase the maintenance activities of Lessor upon the public areas of the Airport. 9c. Repair of Personal Property: It is further agreed that all personal property on the Premises shall be used at the risk of Lessee only, and that Lessor or Lessor's agents shall not be liable for any damage either to persons or property sustained by Lessee or other persons due to the Premises or improvements thereon becoming out of repair. 9d. Maintenance, Repair and Marking of Pavement: Lessee shall be responsible for the maintenance, repair and marking (painting) of parking stalls associated with this lease as shown in Exhibit A. Such maintenance and repair shall be to Federal Aviation Administration standards as though the pavement were non-leased, public-use taxiway and/or apron pavement. Such maintenance and repair shall include, as a minimum, crack filling, weed control, slurry seal and the replacement of unserviceable pavement, as necessary. 9e. Lessor Mav Perform Maintenance: If Lessee fails to perform Lessee's obligations under this Paragraph, Lessor may at its option (but shall not be required to) enter the Premises, after thirty (30) days' prior written notice to Lessee, and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the rate of twelve (12%) percent per annum shall become due and payable as additional rental to Lessor together with Lessee's next rental installment. 10. ALTERATIONS. 10a. Lessor's Consent Required: Lessee will not make any alterations, additions or improvements in or to the Premises without the written consent of Lessor first having been obtained. 10b. Protection from Liens: Before commencing any work relating to alterations, additions and improvements affecting the Premises, Lessee shall notify Lessor in writing of the expected date of commencement thereof. Lessor shall then have the right at any time and from time to time to post and maintain on the Premises such notices as Lessee reasonably deems LEASE AGREEMENT 9 ,moo City of Renton to AirO,Inc. a Washington corporation LAG 006- • during the lease term, or arising from any act or negligence of the Lessee or any of its agents, contractors, patrons, customers, or employees, orarising from any accident, injury, or damage whatsoever, however caused, to any person or persons, dr to the property of any person, persons, corporation or other entity occurring during the lease term on, in, or about the Premises, and from and against all costs, attorney's fees, expenses, and liabilities incurred in or from any such claims or any action or proceeding brought against the Lessor by reason of any such claim, except such claims arising directly or indirectly out of Lessor's sole act or omission. Lessee further covenants that AirO, Inc will satisfy all outstanding liens, or other debts, before the expiration of the lease, to wit November 1, 2013, or upon termination of the lease, for any reason, prior to November 1, 2013. Lessee, on notice from Lessor, shall resist or defend such action or proceeding forthwith. 14. ASSIGNMENT: 14a. Assignment/Subletting: This lease or any part hereof shall not be assigned by Lessee, by operation of law or otherwise, nor shall the premises or any part thereof be sublet without the prior written consent of Lessor, which consent shall not be unreasonably withheld, subject to Lessor's receipt of commercially reasonable evidence that the proposed assignee or subtenant is in a financial condition to undertake the obligations of this lease, and, in the event of assignment, Lessor's receipt of an affidavit from the proposed assignee stating that it has examined this lease and agrees to assume and be bound by all of Lessee's obligations under this lease, to the same extent as if it were the original Lessee. If Lessee is a corporation, the transfer of a majority of Lessee's stock shall constitute an assignment for purposes of this paragraph. 14b. Subsequent Consent Required: In the event written consent to assignment or subletting shall be given by Lessor, no other subsequent assignment, assignments, or subletting shall be made by such assignee or assignees, or sublessee, without the prior written consent of Lessor and Lessee. It is expressly agreed that if consent is once given by the Lessor to the assignment of this lease or any interest therein or to the subletting of the whole or any part of the premises, then Lessor shall not be barred from afterwards refusing to consent to any further assignment of said lease or subletting of said leased premises. 14c. Release of Lessee's Liability: No subletting shall release Lessee of Lessee's obligation to pay the rent and to perform all other obligations to be performed by Lessee hereunder for the term of this Lease. No assignment shall so release Lessee unless Lessor's consent is obtained pursuant to Paragraph 14.a. In the event that Lessor's consent to assignment is so obtained, Lessee shall be relieved of all liability arising from this lease and arising out of any act, occurrence or omission occurring after Lessor's consent is obtained. The Lessee's assignee shall be deemed to have assumed and agreed to carry out all of the obligations of Lessee under this lease. LEASE AGREEMENT 11 City of Renton to AirO,Inc. a Washington corporation LAG 006- be required for any purpose, and the rent shall be paid up to that date. From that day the Lessee or Lessor shall have the right to either cancel this lease and declare the same null and void, or to Nome continue in the possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken for such public purposes. All damages awarded for such taking for any public purpose shall belong to and be the property of the Lessor, whether such damage shall be awarded as compensation for the diminution in value to the leasehold, or to the fee of the premises herein leased. Damages awarded for the taking of Lessee's improvements located on the premises shall belong to and be awarded to Lessee. 19. SURRENDER OF PREMISES: Lessee shall quit and surrender the premises at the end of the term in as good a condition as the reasonable use thereof would permit, normal wear and tear excepted. Alterations, additions or improvements which may be made by either of the parties hereto on the Premises, except movable office furniture or trade fixtures put in at the expense of Lessee, shall be and remain the property of the Lessor and shall remain on and be surrendered with the Premises as a part thereof at the termination of this lease without hindrance, molestation, or injury. Lessee shall repair at its sole expense any damage to the Premises occasioned by its use thereof, or by the removal of Lessee's trade fixtures, furnishings and equipment which repair shall include the patching and filling of holes and repair of structural damage. 20. INSURANCE: 20a. Personal Property: It is agreed that Lessor shall not be held liable in any manner for, or on account of, any loss or damage to personal property of the Lessee, Lessee's invitees or other persons, which may be sustained by fire or water or other insured peril, or for the loss of any articles by burglary, theft or any other cause from or upon the Premises. It is acknowledged that Lessor does not cover any of the personal property of Lessee, Lessee's invitees or other persons upon the Premises through its insurance. Lessee, its invitees and other persons upon the Premises are solely responsible to obtain suitable personal property insurance. 20b. Liability Insurance. The Lessee agrees to maintain in force during the term of this Lease a policy of comprehensive public liability and property damage insurance written by a company authorized to do business in the State of Washington against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Further, said insurance shall include as a covered event the release of hazardous material and the cleanup attendant thereto. The limits of liability shall be in an amount of not less than $1,000,000.00 for injury to or death of one person in any one accident or occurrence and in an amount of not less than $1,000,000.00 for injury to or death of more than one person in any one accident or occurrence, and of not less than $1,000,000.00 for property damage. The limits of said insurance shall not, however, limit the liability of Lessee hereunder. The insurance policy shall have a Landlord's Protective Liability endorsement attached thereto. LEASE AGREEMENT 13 *qorre City of Renton to AirO,Inc. a Washington corporation LAG 006- 24. NOTICES: All notices under this lease shall be in writing and delivered in person, with receipt therefor, or sent by certified mail, in the case of any notice unto Lessor, at the following address: Airport Manager 616 West Perimeter Road,Unit A Renton, Washington 98055 and in case of any notice unto Lessee, to the address of the Premises, or such address as may hereafter be designated by either party in writing. 25. DISCRIMINATION PROHIBITED: 25a. Discrimination Prohibited: Lessee covenants and agrees not to discriminate against any person or class of persons by reason of race, color, creed, sex or national origin in the use of any of its facilities provided for the public in the Airport. Lessee further agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge on a fair, reasonable and not unjustly discriminatory basis for each unit of service; provided that Lessee may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 25b. Minority Business Enterprise Policy: It is the policy of the Department of Transportation that minority business enterprises as defined in 49 C.F.R. Part 23 shall have the maximum opportunity to participate in the performance of leases as defined in 49 C.F.R. 23.5. Consequently, this lease is subject to 49 C.F.R. Part 23, as applicable. No person shall be ,,1 excluded from participation in, denied the benefits of or otherwise discriminated against in connection with the award and performance of any contract, including leases covered by 49 C.F.R. Part 23, on the grounds of race, color,national origin or sex. 25c. Application to Sub-leases: Subject to the provisions of Paragraph 14 of this Lease, Lessee agrees that it will include the above clause in all assignments of this lease or sub-leases, and cause its assignee(s) and sub-lessee(s) to similarly include the above clause in further assignments or sub-leases of this Lease. 26. FORCE MAJEURE: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrections, war, or other reason of like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be extended for a period equivalent to the period of such delay. The provisions of this paragraph shall not, however, operate to excuse Lessee from the prompt payment of rent, or any other payment required by the terms of this Lease, to be made by Lessee. LEASE AGREEMENT 15 City of Renton to AirO,Inc. a Washington corporation LAG 006- LESSEE: LESSOR: Ao'"" THE CITY OF RENTON a Washington corporation a Washington municipal corporation by by its: Mayor Date: Date: ATTEST: City Clerk Date: Now Approved as to legal form: City Attorney LEASE AGREEMENT 17 City of Renton to AirO,Inc. a Washington corporation 'LB LD'G *SP» -1 BLDG.'WO FIRE SPRINKLER SPRINKLER STAND HOOKUP VALVE ="7 zi /// / 0 rn • 1 50'_0. WAP.) MET S 1 B ' \---4" •.SOL.)" • BOLL^RID EA 1. // T \ LDG.nse, 1 SPRINKLER 5i ND 13 j • I XISTINC BLDG. #79m \\\ o W�f nom,-;,> ��a4 1 79 � e el ' u g,. I NEW DECKA BOV* I • 5"P.(UNA I " 1 . 9 Li \l 58'-0" \ 8 f 1_ I12 MAX AMP 2R i 4 I In J TIRE 4"\ " TYP i_ / i i VAN WC t (U (2) I I i ® / ® 3 e 4 5 \6 i �-/ 9c0" / 8,_0" / 9'_0' V-0' 1, i9,_0. I X y_0. 9_0. I X 9.0 X t NEW PARKNG STALLS WITH ADA ACCESABILITT TO BUILDING di NEW 5'x 5'CONCRETE LANDING W/NEW CONCRETE STEP AND 2 ADA RAMP SLOPE 1:12 MAX. E11.03 Leased Parking Stalls (17) \\\J Exhibit A I I r 1 \ Exhibit B \- i - I I A \ (L1,3eas87sqeduareAreafeet) `�/Common Area \\(Mens and Womens Restroom,Hallway and , Secondary Fire Access on the ground floor) 1:11 (--/ ' . Mo.n — Actz '''‘ . ____...., 1 A1401 ', A-A i.. ����•� lli I A-A A-A f »...» �� AS-BUILT FIRST FLOOR PLAN �`AS-BUILT SECOND FLOOR PLAN • AIRCRAFT LAWS AND REGULATIONS EXHIBIT C Title 47 RCW: Public Highways and Transportation 47.68.250 Registration of aircraft. Every aircraft shall be registered with the department for each calendar , vitsi year in which the aircraft is operated or is based within this state. A fee of four dollars shall be charged for each such registration and each annual renewal thereof. • Possession of the appropriate effective federal certificate, permit, rating or license relating to ownership and airworthiness of the aircraft,and payment of the excise tax imposed by Title 82 RCW for the privilege of using the aircraft within this state during the year for which the registration is sought, and payment of the registration fee required by this section shall be the only requisites for registration of an aircraft under this section. The registration fee imposed by this section shall be payable to and collected by the secretary. The fee for any calendar year must be paid during the month of January,and shall be collected by the secretary at the time of the collection by him or her of the said excise tax. If the secretary is satisfied that the requirements for registration of the aircraft have been met, he or she shall thereupon issue to the owner of the aircraft a certificate of registration therefore. The secretary shall pay to the state treasurer the registration fees collected under this section,which registration fees shall be credited to the aeronautics account in the general fund. It shall not be necessary for the registrant to provide the secretary with originals or copies of federal certificates, permits, ratings, or licenses. The secretary shall issue certificates of registration, or such other'evidences of registration or payment of fees as he or she may deem proper, and in connection therewith may prescribe requirements for the possession and exhibition of such certificates or other evidences. The provisions of this section shall not apply to: - (1) An aircraft owned by and used exclusively in the service of any government or any political subdivision thereof, including the government of the United States, any state, territory, or possession of the United States; or the District of Columbia,which is not engaged in carrying persons or property for commercial purposes: • (2) An aircraft registered under the laws of a foreign country; (3) - An aircraft which is owned by a nonresident,and registered in another state: Provided. That if said aircraft shall remain in and/or be based in this state for a period of ninety days or longer it shall not be exempt under this section; (4) An aircraft engaged principally in commercial flying constituting an act of interstate oc foreign commerce; (5) •An aircraft,owned by the commercial manufacturer thereof while being operated fo:rest or experimental purposes,or for the purpose of training crews for purchasers of the aircraft; (6) An aircraft being held for sale, exchange, delivery, test, or demonstration purposes solely as stock in trade of an aircraft dealer licensed under Title 14 RCW. • (7) An,aircraft based within the state that is in an unairworthy condition, is. not operated within the registration period, and has obtained a written exemption issued by the secretary. The.secretary shall be notified within one week of any change in ownership of a registered aircraft. The notification shall contain the N, NC, NR, NL, or NX number of the aircraft, the full name and address of the former owner, and the full name and address of the new owner. For failure to so notify the secretary, the registration of the aircraft may be canceled by the secretary, subject to reinstatement upon application and payment of a reinstatement fee of ten dollars by the new owner. **HOUSE BILL #403 TRANSFERRED AIRCRAFT REGISTRATION RESPONSIBILITY FROM TIS DEPARTMENT OF LICENSING TO THE DEPARTMENT 'OF TRANSPORTATION, AVIATION . DIVISION. 1994 EXHIBIT D Aviation Division Washington State Department of Transportation . 8900 East Marginal Way South Nov Seattle,WA 98108 1-800-552-0666 ANNUAL CERTIFICATE OF AIRCRAFT STATUS I, certify that I am the owner of N# (listed below)and it will not be flown/or is exempt from registration during 19 because(Please describe why exemption is requested) N: Tach Time: Make: Hobbs Time: Model: Serial#: Address where aircraft is located: I l i understand that if an exemption from aircraft registration is granted,I am still liable for personal property tax on my aircraft. I understand annual completion of this form is required for exemption. I will receive a notice in January of each year. Signature Address • City,State, Zip Date ��, ,' ATT 2r,77:77,7777:7717.77. • r vac 5;•.x',7.75 :GS•,$3: •ti 774 kt�'•'+ �?$ • y�. .2+iY?,•�k>'*; ;z t.�'k.txsb. • .J -••,.w"•4•;�^'.'•:`• � '� � .t�{c•.a ;Z•{u; ..' �;Jy x , , :^S 'E�.'.,• s;f •r : �Y.<'27 �,°._..'.t 2. *{ c\!'� ,h sir � r:t r ti �n2.`� ������ ir{•� `{.�{2;��< vJ�i ti4���ri:,3^� •!, ,Y � .. o �'`�, n�ax �J ;,..-.,.....,•••••••a. '` "` �'".V 1.<•r> i.^ �u.try , .t�S r, � <.i tib. '',M✓,�r"2 ,a,.,<�" y z<< x•: C3 Y '1''ti�bow.'�. � <� r x . 2 , • ' t?<` {�4t t•yy { YZ tt a��'` :v S'^vv<�� 'Z S'a�.Y t$J• �"v a'$ • J Y "'Y S- ?'V�^� i �.,:;. .:;c y Z x:icy�rn..,t �c� r T'ku avv nJ• ?q � {�'� t,v£�{J!'< J�.} ��"ik'S Y� E£ l P nab F F 4{ C A f B' F <�,- ti.� .. i�t� 'y�Y,,�+Z �`S<Y,, s x• t `4',,CC���,,,' ✓• r �+n.eh) 31� ,.v..r. ,. •...av�w... : ''�. S� � ° �.<u,� n$�'����� ��d�x,L.x�� Y % '� y.�"Z•��� / YR J.Li�. J S i., �1 �Ai{�� U'J1.i �� � 2 5 w.av4}+•.>.,c„�,ai::u'a�ii.2'..v�Yf;;:i}hvd:�K4� JL.'�.�'✓r•;,;:.�rS�': �'J f' d > {t� lxn3 y{.�z�:�'4.,+,moi �X u�moi+ J A ti�a Y>.. ,j,.�Yi` �rc�,�.+��•,�`�t cy�f'� �e2'.;c.�mv�,s�i�..vcc.•.�.:::+�wrm��'u,�rv�ea�W.ak,ts,::ov,.aca.�....�. �x w,sa'^•�wM�d�a.�Yoc'�+G'�xT$. �� A copy of this form will be returned for owner's records. Washington State Department of Transportation AVIATION DIVISION 8900 East Marginal Way South Seattle, WA 98108 Phone: (206)764-4131 Toll Free in Washington 1-800-552-0666 AIRCRAFT REGISTRATION INFORMATION • • This form will help you with the aircraf- i egistration process. It is not required for registration. Date: Name: Address: City: Zip: Phone: • �f .I N# Make of Aircraft 1. ATTACH COPIES OF THE FOLLOWING: A. Proof of Ownership (Copy of Federal Bill of Sale or Federal Registration) B. Proof Sales Tax is paid(a copy of Declaration of Use Tax). The Declaration of Use Tax form is obtained from the Department of Revenue after the sales/use tax has been satisfied. Please see the list of Revenue offices located on the back of this form to find the one nearest you. We will also accept a bill of sale from a Licensed Washington Aircraft Dealer if it shows sales tax has been collected and has been signed. 2. and MAIL WITH: A check in the proper amount. New registrations are pro-rated, so please see the fee chart provided or call the Aviation Division at 1-800-552-0666 for the current amount. - 3. TO: WSDOT, AVIATION DIVISION 8900 East Marginal Way South Seattle, WA 98108 Naloo • AGspp EXHIBIT E UNREGISTERED AIRCRAFT REPORT AIRPORT INFORMATION AIRPORT NAME CONTACT NAME PHONE LESSEE INFORMATION (Unregistered Aircraft Only) NAME FAA NUMBER SERIAL NUMBER ADDRESS TELEPHONE NUMBER DATE OF LEASE OR RENEWAL .._ .:.... W e`' )WA " � `� � � . .. ... . . . .. . ... itM UNREGISTERED AIRCRAFT REPORT AIRPORT INFORMATION AIRPORT NAME CONTACT NAME PHONE LESSEE INFORMATION (Unregistered Aircraft Only) NAME FAA NUMBER SERIAL NUMBER ADDRESS TELEPHONE NUMBER DATE OF LEASE OR RENEWAL N CITY OF RENTON COUNCIL AGENDA BILL -. AI#: s ''/ Submitting Data: Planning/Building/Public Works For Agenda of: ° Dept/Div/Board.. Transportation Division June 5, 2006 Staff Contact Ryan Zulauf, Airport Manager Agenda Status (x7471) Consent X Subject: Public Hearing.. Boeing Lease Addendum 21 Correspondence.. Ordinance Resolution Old Business Exhibits: New Business X Study Sessions Issue Paper Information Lease Addendum 21 Recommended Action: Approvals: Legal Dept X Refer to Transportation/Aviation Committee Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Boeing Company(Boeing) turned back several non-contiguous leased areas on the west side of the Airport in 2004. These leased areas comprised approximately 191,214 square feet. Lease Addendum 21 completes the leased area turn-back and allows Boeing to modify a portion of its fire water system located west of the runway centerline. The addendum also establishes a transfer in ownership of an existing water intertie vault and associated piping from Boeing to the City, in exchange for the City completing the modifications to Boeing's fire water system located west of the runway. In addition, the addendum extinguishes Boeing's right to recall portions of Apron C located north of the Boeing Fuel Farm on the west side of the runway. STAFF RECOMMENDATION: Approve Lease Addendum 21 with The Boeing Company which completes the leased area turn back, allows certain fire water system modifications and transfers, and eliminates The Boeing Company's right to recall portions of Apron C; and also authorize the Mayor and City Clerk to sign the lease addendum. C:\Documents and Settings\mpetersen\Local Settings\Temp\Boeing Lease Addendum-21 ag bill 5-30-06.doc ti`S— O� PPLANNING/BUILDING/C ® PUBLIC WORKS DEPARTMENT Now MEMORANDUM DATE: June 5, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: s \\Kathy Keolker, Mayo FROM: Gregg Zimmerma6A ministrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: Boeing Lease Addendum 21 ISSUE: Should Council approve Lease Addendum 21 which completes the turn-back of several areas previously leased by The Boeing Company? RECOMMENDATION: Ito" Approve Lease Addendum 21 with The Boeing Company and authorize the Mayor and City Clerk to sign the lease addendum. BACKGROUND SUMMARY: The Boeing Company (Boeing) turned back several non-contiguous leased areas on the west side of the Airport in 2004. These leased areas comprised approximately 191,214 square feet. Lease Addendum 21 completes the leased area turn-back and allows Boeing to modify a portion of its fire water system located west of the runway centerline. The addendum also establishes a transfer in ownership of an existing water interne vault and associated piping from Boeing to the City, in exchange for the City completing the modifications to Boeing's fire water system located west of the runway. The lease addendum also extinguishes Boeing's right to recall portions of Apron C located north of the Boeing Fuel Farm on the west side of the runway. cc: Jay Covington,Chief Administrative Officer Peter Hahn,Deputy PBPW Administrator—Transportation Connie Brundage,Administrative Secretary—Transportation Susan Campbell-Hehr/Carolyn Currie,Airport Secretary "�rrr" LAG 877-65 Addendum#21-06 ADDENDUM TO LEASE AGREEMENT (City of Renton to The Boeing Company) '" sv THIS ADDENDUM to Lease Agreement LAG 877-65 is effective as of the date of execution by the City of Renton, as indicated on the last page of this addendum. RECITALS: 1. WHEREAS, under LAG 877-65 dated June 1, 1965, The City of Renton had leased to The Boeing Company certain land area, facilities and buildings on the Renton Municipal Airport, Renton, Washington, until May 31, 2010, and 2. WHEREAS, the leased area identified in LAG 877-65 as "Apron B", Apron EXT. "E", Area XII, Area XII "H", and Area XII"G", hereinafter referred to as "Apron B", originally comprised 263,506.45 square feet as shown in Exhibit A, and 3. WHEREAS, the Lessee currently leases 191,214.23 square feet, as shown in Exhibit B because over time, the Lessee has terminated sections of Apron B, as illustrated in Exhibit Bl, as follows: a. In LAG 877-65 Supplemental Agreement Number Six (6), the Lessee terminated 48,997.56 square feet of the contiguous leased area of 263,506.45 square feet of Apron B, and b. In LAG 877-65 Supplemental Agreement Number 14-86, the Lessee terminated an additional 8,594.85 square feet and 1,372.00 square feet of Apron B, retaining 204,542.04 square feet, and c. In LAG 877-65 Supplemental Agreement Number 15-86, the Lessee terminated an additional 13,327.81 square feet of Apron B, retaining 191,214.23 square feet as shown in Exhibit B, and 4. WHEREAS, Section 15.1 of LAG 877-65 provides for the Lessee's right to terminate, in whole or part, buildings or land areas covered by the lease, and 5. WHEREAS, the Lessee notified the Lessor in writing on February 16, 2004, that the Lessee desired to terminate the northern portion of the leased property known as Apron B, as shown in Exhibit B, effective March 18, 2004, and 6. WHEREAS, the Lessee notified the Lessor in writing on May 14, 2004, that the Lessee desired to terminate the southern portion of the leased property known as Apron B, as shown in Exhibit B, effective June 16, 2004, and 7. WHEREAS, the Lessee has requested to terminate these two non-contiguous leased areas on Apron B which comprises 191,214.23 square feet shown in Exhibit B, and Addendum 21 to LAG 877-65 City of Renton and The Boeing Company 1 LAG 877-65 Addendum#21-06 8. WHEREAS, The Lessee will retain a fire water line, a compressed air line and an electrical substation B-1 and C-2 on the west side of the airport, and will need periodic access across other leased areas for service and maintenance of these facilities, and 9. WHEREAS, Section 15.4 of LAG 877-65 allows the Lessee the right, but not the obligation, to remove any and all structures, trade fixtures and equipment placed on the Leased property, and the Lessee has decided to take full advantage of this provision and abandon all structures, trade fixtures, and equipment placed on the Leased property, and 10. WHEREAS, the Lessee has requested that the Lessor approve modifications to the Lessee's fire water system serving the west side of the airport and Lessor has approved the modifications as shown in Exhibit D, and 11. WHEREAS, the Lessor has offered to complete the abandonment and modification to the Lessee's fire water system in exchange for the transfer of ownership of the intertie vault and associated piping from the Lessee to the Lessor as shown in Exhibit E; and 12. WHEREAS, the Lessor and Lessee agree that the Lessee's right to recall all, or any part of the leased area known as specifically as C-2, C-3, and C-4, and shown in Exhibit F, as established in LAG 877-65 Supplemental Agreement Number 10-83 except for the leased area occupied by the Boeing fuel farm shall be extinguished. low NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND THE BOEING COMPANY AS FOLLOWS: WITNESSETH: Lessor and Lessee agree to amend the original Lease Agreement, LAG 877-65, in the following respects: 1. The Lessee will terminate 191,214.23 square feet of Apron B as shown on Exhibit B. 2. The Lessor will provide the Lessee with an AutoCAD derived estimate of the leased area, so that the Lessee can better understand the billable leased area. 3. The Lessee shall perform a Phase I Environmental Assessment of Apron B within four(4) months of the approval of this lease addendum and supply the Lessor with three (3) hard copies of the report. liary Addendum 21 to LAG 877-65 City of Renton and The Boeing Company 2 LAG 877-65 Addendum#21-06 4. The Lessee may continue to periodically access non-Boeing leased areas to maintain Boeing-owned utilities, which are the compressed air system, the fire water system and electrical substations B-1 and C-2 as shown on Exhibit C and Cl. 5. The Lessee will abandon the electrical distribution system serving the Lessee's fuel farm and Apron B on or before December 31, 2006. This will require the Lessor to establish an electrical connection for Lessor owned facilities located on Apron B to the electrical distribution system owned by Puget Sound Energy. 6. The Lessee shall properly abandon and remove all of the Lessee's remaining overhead power lines and transformers from electrical substations B-1 and C-2 within four(4) months of installing a new electrical service to the Boeing fuel farm. 7. The Lessee agrees to convey to the Lessor, at no cost to the Lessor, its ownership in the existing fire protection water main intertie vault and piping located north of the Lessor's West Hill Pump Station and across the street from 616 West Perimeter Road (the Airport Control Tower building). A civil plan of the existing Lessee-owned intertie, which also shows the proposed conveyance to the Lessor, is shown in Exhibit E. 8. In exchange for the conveyance of the intertie vault and piping from the Lessee to the Lessor, the Lessor agrees, at its cost, to take steps to do the following, on or *40+1before June 1, 2007: a. Abandon (cut and cap)portions of Lessee's fire protection lines as described in above Item 1, and shown in Exhibit D. b. Install approximately 300 feet of new 8-inch diameter fire protection water main just north of the Lessee's fuel farm, as shown in Exhibit D. c. Connect the fire sprinkler system feed from the Lessee's fuel farm to the Lessor's water system and install a double-detector check valve in the riser room of the Lessee's fuel farm. d. Perform a fire flow analysis, with residual pressure of eighty five (85) psi, to confirm available fire flow from the Lessor's water system at the Lessee's fuel farm and provide the Lessee with results of analyses. e. Prepare civil plans for the abandonment of the Lessee's water mains which include the installation of three hundred(300) feet of water line north of the Lessee's fuel farm, and conversion of Lessee's intertie vault to a Lessor owned pressure-reducing station. The Lessor will provide civil plans to the Lessee for concurrence review at 50% and 90% design stages. 9. The Lessee will continue to maintain its flush hydrant system and continue to provide annual inspection reports for the remaining fire protection water mains and hydrants to the Renton Fire Department. Addendum 21 to LAG 877-65 City of Renton and The Boeing Company 3 LAG 877-65 Addendum#21-06 10. The Lessor and Lessee agree that upon either the vacation of the Renton Airport Noire by the Lessee at the end of the current lease agreement, or the negotiation of a new lease agreement with the new lease term commencing on or before June 1, 2010, the Lessor shall assume responsibility for the entire flush hydrant system and piping on the west side of the runway centerline. 11. The Lessee shall properly remove the corrugated asbestos/fiberglass sheathing and all other asbestos covering the six (6) water curtain valve sheds located at aircraft position B-1 through B-5 within four(4) months of the abandonment of the Lessee's fire water system serving these aircraft positions. 12. The Lessee shall no longer enjoy any right to recall all, or any part of the leased area on Apron C known as C-2, C-3 and C-4 as shown on Exhibit F, except for the Lessee's fuel farm located in aircraft stall C-1 and a portion of aircraft stall C- 2. The Lessee shall continue to lease the property occupied by the Lessee's fuel farm from Lessor which is identified as area C-1 shown on Exhibit F and labeled "Boeing Fuel Farm". 13. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. Now Addendum 21 to LAG 877-65 City of Renton and The Boeing Company 4 LAG 877-65 Addendum#21-06 LESSEE: LESSOR: THE BOEING COMPANY CITY OF RENTON a Delaware Corporation a Municipal Corporation Kathy Keolker, Mayor Bonnie Walton, City Clerk Date Larry Warren, City Attorney NIS Addendum 21 to LAG 877-65 City of Renton and The Boeing Company 5 ( ( ;*44t ilk : r lin' "" ,� N G iy s a� �- 'Br- .y 9 d41 p - 9 "�'ry X14 !ttl r `t n ".a�� ' r , �' pyx ^' s. ,� y "JI s a ,....41'... .. . s, i11','.1L,1•1'!..m ' e 1 e t i 4 du M1i •. a �� w Apron B — ' .' 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I R1ma�R5 1x.0 -_t I j t f-_ r----- \ 1 I I FOO 424-5555 1121(1(3 to --- ` 1 n I-----_'_-- n 1 j (Y ( 1 1 .... '(0.1)III vAtnr -�_��..41 `� 1 VI S 'AID SLCCViS _-_ - roc CONTRACTOR SNALL , --`^-�- _ 1, 11 11 /! , tiI JAN'''''.Y,ING 011 FOXE FINAL.CdAlEC11Ur 1 1 � i 1 I V(I I ►I� 10 110.CIf011. 10•WAIEPWII.1 1 rani NEW W09K VAS DEIN 1 l 1 1 /1 L"P E f 1A 6; I 1 Hurls GrouPine. 10LYPI(000,011CC1C0. P`11�D 1`JlA Yr 9C-11'77 NA gJLSSLRC 115115 —� I -n 261 _ .. IL e%1 n R—av ._._VA 1__ ,. .,,fl2,n. ...I. `°.. IsII PI u4.4/Y "x"11""'y ')+r Y .x00 -._— ___�•___ l7IVERCI, WA. 98202 DR OVF 11•vw 2 4,-, _r�_W' SITE PLAN RENTON FIELD-- ' nr� - g em, P'RECORD �, _.-.la1-91°� — �!!I�'/R�6. (lfvERCTt, Vets. 982ot ��+ �` 1 -"'FF_—_—_.—�.____.-_ .,-C2 —. 0 KENT, WA, 98031 (4b' Ti.j ( ,pRJ...Bli..# In-irc Irtmw„ FACILITIES DFi'ARIMENT (�PORTLAND,OR. 97220 _ 'V--__3122' FIRE WATER INTER-TICS '- ®RENT0(4, WA, 98055 i,, — '� °^• -- —�___..___-- ---- —_ 0 SEATTLE. WA. 98124 • ,�., .844.0x-'—'---- S 84'3215"W N 2'05'50"E 711E BOEING COMPANY m 2 nn' \ / 38.80' ANY - LEASE-APRON "C" RENTON MUNICIPAL AIRPORT �s co-krg. f1 FOR S.A. #12-85 TO LAG 877-65 s�Sb.0(E 1997 EXHIBIT 483.54 ` AIRPORT :0E.:T.46.PEERIMETERs ROAD � s_� I I s-14 I I I ! 063748'E u 17.86' ^, "' „err oa'443+ • z BOEING NORTH 6`S• 5 "E w APRON -C'REAWNDER 11 16-ts � _ C-513. u 248.103 S.F. • A 'F6 C- jei S 2� oN " c 122... 115' t 5-4 WONG 11 ri z .. FUEL FMN it.,.. 686.60' u % $ c4 58,197 S.F. , '' m • at o 1825.67' .504'49'43'E a. 245.00' i i ::4-- JU O.±c. 4= 4 J c m CITY OF RENTON P1 o — --'— MEA.4 11,571 S.F. - $ - ___ — -'� A 2 8 - S g — -- NO449 ' '43"W -4-----CENT— OF RUNWAY 2aae.96' RENTON MUNICIPAL AIRPORT j 200' 100'_ 0 200' -- Area Formerly Subject to Recall by Boeing _ -== PARCEL NO. SCALE IN FEET d TOTAL AREA OF APRON "C" 555,123 SQ. FEET C ., T• p?, 1 6* •4lef IA DUANE HARTMAN & ASSOCIATES, INC. RETAINED BY CITY OF RENTON 11,571 SQ. FEET R-1 4 4' ,�?r.,+°. It)'j, —surveyors — LEASE TO BOEING (FUEL FARM) 58,197 SQ. FEET C-1 tern roon4atE-nm12+°8d0,I-209 (425)487-S155 Cll LEASE TO (TEMP) 41,609 SQ. FEET C-2 J 1502282•111f,154911/01214 gem: n2(42514 -4650 ,.S LEASE TO CEDAR RIVER HANGARS (TEMP) 73,299 SQ. FEET C-3 . 9lsa o M"�m ++-m+, ,a. °°r rsFt „.M� 15-24.-57 LEASE-APRON"C LEASE REACTIVATED 1997 BOEING 122,346 SQ. FEET C-4 . 1 OF_ 1 C REMAINDER OF APRON "C' TO BOEING CO. 248,103 SQ. FEET C-5 cke ua BOEING COMMERCIAL -. k Eu�RES 0/20/98 AIRPLANE GROUP � JOB/40-740.00 °II REMBN POUT( 015544116,014 .. i CITY OF RENTON COUNCIL AGENDA BILL AI#: • /0. f Submitting Data: For Agenda of: June 5, 2006 Dept/Div/Board.. PBPW/Utility Systems Staff Contact Dave Christensen, ext. 7212 Agenda Status Consent X Subject: Public Hearing.. Addendum No. 3 to Roth Hill Engineering Partners, Correspondence.. LLC Contract (CAG-03-102) Sanitary Sewer Model Ordinance Development and Inflow& Infiltration Program Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Addendum No. 3 Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $48,200 Transfer/Amendment Amount Budgeted $80,000 Revenue Generated Total Project Budget $200,000 City Share Total Project.. SUMMARY OF ACTION: The City entered into a consultant contract with Roth Hill Engineering Partners, LLC in June of 2003. The purpose of this contract was to develop a hydraulic sewer model based upon new flow data developed by King County utilizing a new hydraulic software program. When we first began the process, certain assumptions were made regarding how we would develop the data. As we have progressed, we have discovered a need to revise some of our original assumptions. We also need to complete specific analysis of our system including the upcoming Highlands Plan and the WSDOT 1-405 work. The attached Addendum No. 3 to consultant contract CAG-03-102, in the amount of$48,200, covers the proposed additional work needed,the schedule to complete the work, and the additional cost for each portion of work. STAFF RECOMMENDATION: Approve additional work and time extension to December 31, 2006, for Sanitary Sewer Model Development, and authorize the Mayor and City Clerk to execute Addendum No. 3, in the total amount of$48,200, with Roth Hill Engineering Partners, LLC. 441111,1 H:\File Sys\WWP-WasteWater\WWP-13-000I Inflow&Infiltration Study\AGENDA BILL Addendum 3.doc\DMCtp �(CYO‘e PLANNING/BUILDING/a; c • PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: May 25, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathyk, Keolker, Mayor l / FROM: Gregg Zimmerman, Administrator p/c i i 'In t� STAFF CONTACT: Dave Christensen, Wastewater Utility Supervisor (ext. 7212) SUBJECT: Addendum No. 3 to Roth Hill Engineering Partners, LLC Contract (CAG-03-102) Sanitary Sewer Model Development and Inflow & Infiltration Program ISSUE: Should the City Council authorize the Mayor and City Clerk to execute Addendum No. 3, to CAG-03-102, in the total amount of$48,200, with Roth Hill Engineering Partners, 'ter LLC? RECOMMENDATION: Approve additional work and time extension to December 31, 2006, for Sanitary Sewer Model Development, and authorize the Mayor and City Clerk to execute Addendum No. 3, in the total amount of$48,200, with Roth Hill Engineering Partners, LLC. BACKGROUND: The Sanitary Sewer Model Development and Inflow& Infiltration Program contract with Roth Hill Engineering Partners, LLC provides for the development and establishment of the City's sanitary sewer hydraulic model. This contract was originally executed in June of 2003, with an original anticipated completion date of December 2005. The subsequent two addenda covered additional unanticipated work required to complete our original intent of development of the hydraulic model. We have completed most of the major tasks in its development, and are currently working on the steps needed to run the saturation development model to determine where we will have the potential for future flow deficiencies. Addendum No. 3 covers three primary areas where we required the consultant to perform additional work. The first area was in the assignment of flows. When we first scoped Council/Add 3 CAG 03-102 May 25,2006 Page 2 of 2 this work item, we assumed flows could be equally spread amongst the basins. As we reviewed the basins, we determined a need in some basins where either a large portion of new development or redevelopment is anticipated to occur to distribute those anticipated `"' flows directly to those portions of the system. This will ensure more accurate results. The second item was our decision to have the existing flow model calibrated to our system as of 2005 versus our original scope of 2003. We made this decision because we had made significant improvements to our system, such as the Sunset Interceptor, and this revision again would more accurately model our current system. The final item covered in the addendum is actual work products we have requested. As part of the Highlands Redevelopment work we needed to identify impacts to our system associated with potential up zoning of areas. We also need capacity analysis work for the I-405 widening, The Landing, and a Skyway flow diversion proposal. It has been very beneficial for the Sewer Utility to be able to use this model to size facilities and for planning efforts. We are currently using data provided in our update to our Long Range Wastewater Management Plan. The Wastewater Utility had anticipated the need for this work as part of the development of its 2006 budget. We have dedicated $200,000 toward the Hydraulic Modeling effort, with the current remaining contract amount at about $80,000 and this addendum at $48,200. The remaining funds will be more than sufficient to cover staff and other costs for this work. This addendum also provides a new time extension for the contract through December 2006. CONCLUSION: The development of a sewer hydraulic model is a key element in the planning efforts for the Wastewater Utility. Addendum No. 3 to consultant contract CAG-03-102 with Roth Hill Engineering Partners, LLC, is needed to assure that we can complete the model with a high degree of confidence and begin to complete needed hydraulic system analysis for portions of our system. cc: Lys Hornsby, Utility Systems Director stead H:\File Sys\WWP -WasteWater\WWP-13-0001 Inflow& Infiltration Study\Issue Addendum 3.doc\DMCtp ADDENDUM NO. 3 CONSULTANT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES for Nome Sanitary Sewer Model Development and I&I Program CAG-03-102 This Addendum is made and entered into this, day of ,2006,by and between the City of Renton,hereinafter called the"City",and Roth Hill Engineering Partners,LLC.,whose address is, 2600 116t Avenue NE,#100,Bellevue, WA 98004,hereinafter called the"Consultant". WITNESSETH THAT: WHEREAS,the City engaged the services of the consultant under Engineering Consultant Agreement CAG- 03-102,dated June 16, 2003 to provide engineering services necessary for the Sanitary Sewer Model Development and I&I Program and WHEREAS,the City desires to re-scope work associated with the Sanitary Sewer Model Development and I&I Program, and the City does not have sufficient qualified engineering employees to perform the work within a reasonable time; and WHEREAS,the City and consultant have determined that re-scoping for the Sanitary Sewer Model Development and I&I Program is required,such re-scoping work items and costs being shown in Exhibit A to this Addendum No. 3. NOW, THEREFORE, in accordance with Section VIII, Extra Work of the Master Agreement CAG-03-102, dated June 16,2003, it is mutually agreed upon that Engineering Consultant Agreement CAG—03-102,is amended to include the work and associated budget as follows: 1. The maximum amount payable for the additional work items defined in the attachment to this addendum of this Contract Addendum#3 is$48,200. 2. The revised contract total payable for work on this contract is$392,957,which is an increase of $48,200(Addendum#3)over the existing contract amount of$344,757. All other provisions of Consultant Agreement CAG-03-102 dated June 16,2003, shall apply to this addendum. EXECUTION IN WITNESS WHEREOF, the parties have executed this Addendum No. 3 to ENGINEERING CONSULTANT AGREEMENT CAG-03-102,as of the day and year first above written. CON ULTANT H1`i(` �� � arfwmLuc CITY OF RENTON ature Date Kathy Keolker,Mayor : it7 Type or Print Name Attest: mal paha / & - ,,, Title Bonnie I. Walton,City Clerk RothHill_Addendum 03.doc Addendum/bh 12/99 EXHIBIT A City of Renton Sewer System Model Development and I/I Program Addendum No. 3 '' The following scope modification is regarding all Tasks within the Project. This scope is in addition to and clarifies the Scope of Services referred to in Exhibit"A"in the original Consultant Agreement,Addendum No. 1 and Addendum No. 2. The amount of this addendum is estimated to be$48,200, for a total project cost of$392,957. Task I —Development of a hydraulic model for the complete Renton sanitary sewer system. The remaining tasks are modified as follows: TASK 1C-Develop and Input Sanitary and I/I Flows ($4,500) Additional Scope of services includes: • Meeting with the City to discuss apportioning the ultimate(2030)population and employment projections for each sewer basin,as previous projections changed as future service area modified. • Assignments of the population and employment data to manholes in each basin based on the specific areas of proposed growth and the associated zoning resulting in individual point assignments rather than simple apportioning. TASK 1E—Model Scenario Development($15,700) Additional Scope of services includes: • Additional meetings with City Staff to discuss future basin layout and piping routes for 2005 and Ultimate Model. • Develop 2005 Model. Input information received from City at Team Meeting to develop the 2005 Model. This included the inputting the new physical pipe,manholes and lift station data(from the 2003 data)representing 2005. • Additional services were required to determine the hydrologic event for scenarios. Effort included coordination with King County on all the storms impacting the Renton system, evaluating recurrence intervals and meeting with City to discuss the results. No more than 3 storms will be selected for the Ultimate Renton Model Scenario to simulate an approximate a 20 year recurrence interval peak flow event. Task 2—System Evaluation The initial purpose of this task is to utilize the ultimate build-out model in order to identify potential capacity restrictions within the City's sewage conveyance system, focusing on the interceptors and identify areas with high I/I,noted during the Calibration Task. Additional requests have been made by the City to evaluate specific sewer facilities and service areas, described below: TASK 2C—Individual Service Area Analysis($25,500) a) 405 Basins. Develop model for both 2001 and ultimate conditions to evaluate piping crossing under I-405 at Shattuck Avenue South and Thunder Hill. The basins in this analysis will be reanalyzed in the Ultimate Scenario to account for a 20 year recurrence interval peak flow event. F:10015100002\PM1AgmntWddendum No.31Modified Scope of Work Add3,doc 1 EXHIBIT A b) Boeing Redevelopment Area(The Landing Analysis). Develop the 2001 and Ultimate model conditions to develop the flow that would discharge near the Boeing Redevelopment Nab, Area near manhole 5308133. c) Skyway Analysis. Evaluate the effects of Skyway Water and Sewer District's proposed wheeling request on the City's sewer system. d) Highland Rezone. Develop a new model for the area proposed to be rezoned and compare the impacts to the current zoning conditions forthe ultimate analysis. TASK 5—Project Management($2,500) All task items from Previous Scopes will be performed in addition to the following: • Additional project coordination and communication with the City,including internal and external meetings,regarding the additional scope development. • The extension of the project timeline that includes additional project management,as described in the original scope. SUMMARY OF MILESTONES TO BE COMPLETED Task 2—System Evaluation TASK 2A—Identify Problem Areas Milestone 5—Team Meeting to discuss-model results for Ultimate scenarios.—June 2006 Milestone 6—Final tabular and graphical summary of model results for Ultimate scenarios.— June 2006 Nouse TASK 2B—Establish Flow Monitoring Program for Interceptors Milestone 7—Meeting with City to discuss proposed flow monitoring recommendations and program for interceptors. —June 2006 Milestone 8—Technical memorandum summarizing the flow monitoring program.—July 2006 TASK 4—Documentation TASK 4A—Document Model Development Milestone 9—Create a notebook that summarizes the process and assumptions used to develop the model and a CD with electronic files.—July 2006 TASK 4B—Procedural Manual and Model Training Milestone 10—Create a procedures manual to aid the City in using the model and 2-day training session—August 2006 Milestone 11 —%2 day training session—December 2006 F:\0015\00002\PKAgrmt\Addendum No.3\Modified Scope of Work_Add3.doc 2 edrrespondenl c e. CITY OF ETON May 26, 2006 -5-4004 MAY 3 0 7006 RECEIVED OITY OLERK'S OFFICE Randy Corman — Council President * Renton City Council 1055 South Grady Way Renton, WA 98055 RE: Highlands Community Development - Rezone Dear Randy, My family and I are excited about the Highlands Community rezone vision the City has planned. Owning/managing property in the Highlands, since 1986, has been a family affair and we all look forward to the opportunities rezoning would bring. My tenants, some third generation Highlands residence, are also excited about the change proposed by the Economic Development, Neighborhoods, and Strategic Planning Department. Improving affordable housing is their greatest desire. Their belief, is as mine, change has been long in waiting. Owning cornerstone properties, See attached Plat Map, place responsibility on me to co-operate with the City and help make this vision a success. Creating a partnership in essence to meet any and all demands the City might have. To prevent a determination of BLIGHT I'm prepared to tear down the duplexes/triplexes and replace them with Nome properties acceptable to the City's vision. I can be a great partner and would like the opportunity of developing my property. Compelling me to conform (use of condemnation/eminent domain) is not necessary. I embrace the Cities vision of the Highlands. Please, Please remove any thought or action of eminent domain when thinking about my properties. I will comply and plan to develop my properties under the plan proposed by the City of Renton. I have the resources (financially) to conform my properties to meet your vision. Resources, desire, and enthusiasm coupled with our partnership will equal success. And at the same time I have the resources, desire and enthusiasm to protect my ownership and want to be my own developer. I invite you to call me and discuss our partnership possibilities in the Highlands. Best Regards 2' 4111 /) red Crothamel 206-947-5626 cc: Highlands Community Association * each eo cdl mi cart f eeD ved 4n %nd/v�'dier/ *41000 %deft ca/ /e#er, as 66'd 2951 74th Ave SE, Mercer Island, WA. 980406 Mayor axd DNS AQmtntsfrayo, 206-947-5626, efax: 425-671-0991, fredc@ameriwest.com all VI Q der-If-fled Mad Highlands Community Development Partnership Properties ,444.1 1416 Harrington 7227801840; 1508 Harrington 7227801850; 1316 Harrington 7227801835; 1428 Harrington 7227801845; 1 1408 Index 7227801730. Addresses &Parcel Numbers 3 JP 3 Ii40sv1 wif t A A `�- frr� \-74% 1 I • r ss. y s 100.2.: bw 0 M q� � t ss99 w i• v a` lc: . I: 1/9-G. "' 17iss6 t s11{• IRII 74. 16405.,3a4s W1ass. 1ti�'1s1 p ! Evil • ; '. 2 % - ,�Sti *�t. a ti /g �,s* P. 4� 3S' �s�rsM1 :isNA!• z1 48.5 h ��0�4� ��- al 401EX745 o',110•0 i ,;-' IVO _1 'Ws, - 10f- . - I A ' Ix . ,J.,0,4+.40-s ,jts- I II W Q 3 ii.ti w s 4- .. /t,, > b 4► « 1 Il0' ZL 0 rM•O 0 i ` 0N IL. ah i 03 a vs aso 1O i Ojos 1 W b 46 Z ' r- . 4.`s.2•els �' /?33 0 j tom.o 2 E Q s e �► ,'y 1 PROPER Y /des el , II SUBJECT + W 1 1` •/ ilio i W r. a 'i, •r L' Q 4 ,, • ,, • * - 14" W, cid Z k - GQ '• -'3 djo 0 pg I�'►� 11IS ,s A • 0 ,y�� s Z : , o� ...31.........-• j I /63S H , ,. .- ..AI 3: .ISO e K. ti 19 N!tt� , Correspondence. ‘-5-,2006 • City of B May 17, 2006 CITY OF RENTON MAY 1 9 2006 RECEIVED CITY CLERK'S OFFICE Dear Mayor and Council Members, We are writing to request your consideration for support on two important issues facing our communities. Recently, our Police Department presented the Bothell City Council with a request for the annual renewal of our City's participation in the Snohomish County Regional Narcotic Task Force. Our City has participated in funding of the Task Force since 1988. In addition, our Police Department has had a detective assigned to the Task Force for the last five years to assist with narcotics enforcement in our region. We know that the use of illegal narcotics appears to be the primary reason why many criminals in our region conduct criminal activity. These are the types of crimes which affect the quality of life in many of our neighborhoods, and include ,, such crimes as burglary, vehicle prowls, and auto theft. In addition, the rate of illegal narcotic use (particularly methamphetamine) is increasingly tied to many "fraud type" crimes such as identity theft. The skyrocketing rate of increase of identity theft should cause concern to everyone living in Washington State. Last year our City Council added a "fraud detective"to our Police Department to help combat identity theft and other fraud type crimes in our City. Our City Council recognizes that many Snohomish County and King County jurisdictions are participating in Regional Narcotics Task Forces, or have in the past, as budgetary constraints have allowed. As this year's budget season approaches, we would like to encourage our fellow legislators to give ample consideration to "maintaining or increasing" the level of narcotics enforcement in your respective jurisdiction, as it seems to be the link which helps solve many types of crime. Also, as you know, the Washington legislature made great strides this last session by passing bills which will call for enhanced penalties for the crime of identity theft. In addition, the Attorney General has also made the fight against identity theft one of his primary goals. Professionalism • Respect • Innovation • Dependability • Employee Accountability ty Administration Community Dev. &Public Works Fire and E.M.S. Police Municipal Court 11101r8305 101''Avenue NE 9654 NE 182nd Street 10726 Beardslee Boulevard 18410 101st Avenue NE 10116 NE 183rd Street Bothell,WA 98011 Bothell,WA 98011 Bothell, WA 98011 Bothell, WA 98011 Bothell,WA 98011 (425)486-3256 (425)486-8152 (425)486-1678 (425)486-1254 (425)487-5587 Fax: 486-2434 Fax: 486-2489 Fax: 486-4556 Fax: 487-0650 Fax:488-3052 www.ci.bothell.wa.us But we believe more needs to be done to help prevent the crime of identity theft from occurring to our citizens. One of our goals for the next legislative session Noe will be to support legislative bills which would help limit the amount of personal information that is allowed on either the internet or specific websites. Several states have passed bills to help reduce the amount of personal information that is available to anyone. We are encouraging your support of legislation that would accomplish this goal and appreciate your consideration of these two issues. Sincerely, k.A.)\ 11 Mark Lamb, Mayor i 0 , Sand 4' , Deputy Mayor ez... .-1/€01:„„--, atrick Ewin Council Mer ..„.------Z--- —z-et...., ua Freed, Cou it Member .---- (4-•(let-k-c,.. P Andrea Perry, Cou it Mem• -r C Del S ' ey, C LA, r - ber i l Tim '•bin, C•unci ember 4 bi\A-(4 -revo Forrest Conover, ief of Police `°4.n err✓ 8. Alarch 13, Associated Press'Identity theft concerns limit open records. New ..open—records restrictions this ye2r in South Dakota court, and the state Health Department are directly related to the rapiaty spreading crime of identity theft. South Dakota legislators passed several bills this year to deal with identity theft, including one that would bar the general public from getting certified copies of birth and death records from the Health Department and marriage licenses from county registers of deeds. Another new state law that goes on into effect July 1 will bar state officials from listing Social Security numbers on drivers' licenses. Also, the state Supreme Court adopted a rule February 25 that forbade the release of sensitive personal information such as Social Security numbers and financial documents in criminal cases and civil lawsuits, says Lynn Sudbeck, general legal counsel in the state Court Administrator's Office. She says personal financial information, including income tax returns, will be struck from court files available to the public. Source: http://www.aberdeennews.coin'mld.'aberdeennew's/ne«s/1 1 127044.h tnl 'l' a 1 { 0 2 3 2 - & at,-- ,-c--o ITfii(-1(/ L-1-1/te _finie (7 /, CITY OF RENTON JUN 0 1 2006 aTY a }c'soFFiOE tomW gce,4,7—.-), to A- r ; 41-i- ti. ; 1 - , - - : T ILA C,--4----- 7 `' - 1 fr„,u ,„,,_,e „ _ ,-,-z-=_ -,L-- k-.- ,L,,,„,_ ,-,,t-AA_ _ _2_-r-,,; ,, ,,,., .,_,, ,LA. .,,K. ,.,c.,2, ,v,„7:J7F,J2 & 44 ,, y_tf....,._ --- -,_,,,, -- --9,.„„ ,e, ,t.) c - -e-_- 62- C) ( -61” 223 eli- -d .L.-- L '.4P-Cd_/ S2t./4- Q -. '---- . tL,C /4'0 -4-'•1 Zitib V t 11OL,4 -aLi Qt/q .- - - A1- •r27 "'ll 0 4 ?,---dAi61- 4%- de ea- -fLei - Jt\ --° 4-r-51f2 d' iq_ateo° CL-a- ' 4(2 Gr-&P- 4) - --lit' .4-G -4Z- -0--C) /6-- -e-4--Q-12 .41 _-ALO-• --/ ez.‘&- ey-c-A- , cA)--, -1 /z-li-e,—e-c _J2_(2 -) ,. --T-ke "41-(re- -e,‘ 9- - -L -4;7t-4----c-a-1 1 -43 -tAl-'4'j''"*L-/ -- -44° Cdr cki ---yn,RA\-c- ,- --'1 ..L.,.- 0 C5=3- A V- ,+ -Lelti -Qeo ,ems • Q ` ctJ 1 41-44La-M <L1- "-6--& leD ) 92z., - �� t UjA qr `• 7' 5f_112- � , ‹- 91< ch-t 4.4A) 324J-el } m • -c,� 4 � y FINANCE COMMITTEE C TY COUNCjL COMMITTEE REPORT Date G-5-.a0LL June 5,2006 INVESTMENT POLICY REVISIONS (Referred April 17,2006) The Finance Committee recommends Council adopt the recommended changes to the City's Investment Policy including the following: • Providing for the evaluation of the performance of the City's investments using an appropriate index that reflects the profile of the City's portfolio as specified by the Investment Committee provided for below. • The creation of an "Investment Committee" to be made up of the Mayor, the CAO, FIS Administrator, and the Finance Committee chair or his designee. The committee will meet quarterly to provide general review and direction of the City's investments program. • Authority for Investment Committee to hire an investment advisor. • Clarifies that the Investment Officer will make investment decisions consistent with the direction of the Investment Committee. • Eliminates a requirement that the portfolio contain a minimum of 30%US Treasury instruments. • Eliminates requirement for financial institution to participate in local and state finance associations. • Eliminates quote requirements when placing funds with the Washington State Local Government Investment Pool. • Creates a qualification of dealers authorized to do business with the City of Renton and provides that investment decisions will be made based on the best alignment with the goals of the City's investment program as defined by the Investment Committee. • Lengthens the maximum investment term from four years to ten and adds a weighted average life limitation of 30 months (which can only be exceeded by unanimous concurrence of the Investment Committee). • Modifies the diversification limits of the portfolio. • Provides for a limitation on Federal Agency debt Don Persson, Chair &,1445= (A) Denis W. Law, Vice Chair Toni Nelson, Member cc: Mike Bailey,FIS Administrator APPROVES BY 1 FINANCE COMMITTEE C$ COUNCIL COMMITTEE REPORT 6-5 AOc2 ®ata June 5,2006 ORDINANCE AMENDING THE 2006 ANNUAL BUDGET, APPROPRIATING FUNDS FOR NEW PROGRAMS AND PROJECTS (Referred April 10,2006) The Finance Committee recommends adoption of an Ordinance amending and increasing the 2006 Annual Budget in the total amount of$4,881,755, to appropriate funds for new programs and projects to meet the need of new circumstances and opportunities. The recommended amendments are: Changes to the Proposed Ordinance include: 1. Add $500,000 to the police department budget to resolve budget challenges with the cost of housing prisoners. This will enable the department to fill positions, including the previously authorized backfill positions,which were being held open to help offset jail cost overruns. 2. Eliminate the requested transfer of $402,000 from Fund 316 to Fund 503, as this matter was resolved with the"carryforward"budget amendment. 3. Eliminate the$637 adjustment requests in funds 403,405,406,and 407. 4. Adjust the amount of the Fund 220 year-end equity transfer to Fund 406 and budget authority to $67,826. Resulting Actions: 1. Approve funds for Mayor's Office Reorganization in the amount of$85,000. 2. Approve additional funds for the Finance and Human Resources staffing needs by $40,000 and $10,000 respectively. 3. Approve an increase in the City Clerk's budget for increases in costs for voter registration and elections as assessed by King County in the amount of$40,950. 4. Decrease the appropriation for Human Services programs by $42,760 as a consequence of decreased state funding. 5. Approve$140,000 for aerial photography and topographic mapping. 6. Appropriate $18,500 for the Fire Department employee wellness program as agreed to in labor agreements. 7. Appropriate$32,000 to complete the Pest Management and Control program. 8. Increase the appropriation for professional services in the Hotel / Motel Fund by $22,500 as provided for in approved contracts. 9. Authorize the transfer of $67,826 from Local Improvement District Debt Service Fund 220 to Fund 406, Wastewater Utility. This represents an increase in the appropriation in Fund 220 of $35,801. 10. Approve$130,000 for completion of a Library Master Plan. 11. Increase the budget for construction of Recreation Center Storage Facilities by $80,000 in order to construct a second storage building. 12. Approve an additional $80,000 for improvements to outdoor lighting at the Henry Moses Aquatic Center. 13. Reduce the appropriation for inventories within the Water Utility Fund by$25,000. FINANCE COMMITTEE COMMITTEE REPORT ORDINANCE AMENDING THE 2006 ANNUAL BUDGET, APPROPRIATING FUNDS FOR NEW PROGRAMS AND PROJECTS June 5,2006 Page 2 of 2 14. Authorize the transfer of$3,264,850 from Fund 421 the Water Utility Construction Fund to the Water Utility Fund and increase the anticipated ending fund balance in the Water Utility Fund as a correction to the 2005 Budget Amendment. 15. Appropriate $29,793 in Fund 407, Surface Water Utility; and authorize the transfer to Fund 427, the Surface Water Construction Fund as a correction to the 2005 Budget Amendment. 16. Appropriate $202,664 in Fund 451, the Utility Bond Debt Service Fund and authorize the transfer to Fund 426,the Waste Water Utility Fund. 17. Appropriate $20,000 in the Firemen's Pension Fund for the purpose of paying for necessary medical expenses for qualifying retired firefighters. Lastly, the Committee wanted to retain flexibility in the reserve fund balances, within the General Government Funds totaling $2.6 million and the CIP Fund (Fund 316) totaling $3.2 million, rather than designating them for specific purposes. The Committee recommends that reserve fund balances remain undesignated,but be available for City needs including: • Providing additional funds for the"Parks Maintenance Facility" • Providing additional funds for needs in the"Highlands"area • Grant match for Park Improvements such as the Sam Chastain Trail and the Springbrook Trail Extension • The potential need for additional funds to address the LEOFF 1 medical liability The Committee further recommends that the Ordinance regarding this matter be presented for first reading. r _ Don Persson,Chair ZLO a /di/1r- Denis W. Law, Vice Chair Toni Nelson, Me I-r cc: Department Administrators Linda Parks,Fiscal Services Director Bang Parkinson,Finance Analyst Supervisor,Budget APPROVED BY TRANSPORTATION/AVIATION COMMITTEE ant COUNCIL COMMITTEE REPORT Date 4-5= aG66' June 5,2006 South Lake Washington Roadway Improvements Project Construction Management Service Supplemental Agreement to CAG 04-013 (Referred May 22, 2006) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to execute the supplemental agreement with W&H Pacific,Inc. in the amount of$468,873.95 for additional design services and on-call services for design for the South Lake Washington Roadway Improvements Project. Until Fund 318 is approved,including the bond for The Landing,the project can continue to use Fund 317 current unexpended 2006 appropriations. ,•• 4 Marcie Palmer, Chair Don Persson, Vice-Chair Terri Briere Member cc: Robert Lochmiller,Project Manager Connie Brundage,Transportation Secretary H:\Division.s\TRANSPOR.TAT\DESIGN.ENG\Rob\Boeing Redevelopment\Contract\W&H\Supplement#6\Committee Report-W&H Pacific.doc APPROVED BY =. TRANSPORTATION/AVIATION COMMITTEE Cid COUNCIL COMMITTEE REPORT Date 4-5-- aC3d6 June 5,2006 S. 3rd Street at Shattuck Avenue (SR 900—MP 10.08) State Pedestrian and Bicycle Safety Program Grant (Referred May 8, 2006) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve an interlocal agreement with the Washington State Department of Transportation(WSDOT) and all subsequent WSDOT grant agreements necessary for a $200,000 Bicycle and Pedestrian Safety grant for the South 3rd Street at Shattuck Avenue project. The Committee further recommends adopting the resolution authorizing the Mayor and City Clerk to sign the agreement. /7)1 - Marcie Palmer, Chair Don Persson, Vice-Chair Terri Briere Member cc: Sharon Griffin,Transportation Program Developmnet Coordinator Connie Brundage,Transportation Secretary H:Trans/admin/committee reports/2006/S 3rd Street at Shattuck Avenue State Pedestrian and Bicycle Safety Grant UTILITIES COMMITTEE APpr vEn BY `, COMMITTEE REPORT Cum COUNCIL Date June 5,2006 UTILITY TAX REBATES (Referred May 9, 2005) The Utilities Committee recommends adoption of the Ordinance creating a Utility Tax Relief Program consisting of the following: • Utility tax relief is granted to residents of the City who qualify with the same qualification criteria used for the reduced utility rates program under RMC 4-4-31-C. • The amount of relief to be granted is $110 per year prorated for the number of months a qualifying citizen resides in the City of Renton. • The amount of relief will be adjusted administratively by the cost of living each year. • The administration of the program shall be the responsibility of the FIS Administrator. • Persons qualifying for the reduced utility rates program will be automatically enrolled while others may apply to enroll. Dan lawson, Chair \:74/ki/u•Ke Tern Briere, 'ice Chair Denis W. Law, Member cc: Michael Bailey,Finance&IS Administrator Gregg Zimmerman,P/B/PW Administrator Lys Hornsby,Utilities Director Linda Parks,Fiscal Services Director Elloyce Sumpter,Utility Billing Supervisor APPROVED BY I CITY COUNCIL COMMUNITY SERVICES COMMITTEE REPORT Date / 6j ' June 5,2006 Funding Criteria for Human Services (Referred May 22, 2006) The Community Services Committee recommends concurrence in the staff recommendation to approve the funding criteria for the allocation of 2007/2008 Human Services funding which currently comes from the General Fund and Community Development Block Grants. This is a test and the process will be reviewed prior to the next funding cycle. These updated funding criteria will more effectively allocate scarce resources where they will do the most good, and will continue to best meet the needs of the community. The funding criteria are: 1) What Renton result(s) does the program requesting funding for address? 2) Do the identified strategies address the desired Renton results? 3) Do the identified activities address the identified strategies? 4) How well does the agency: a. demonstrate they have organizational experience and structure? b. establish the program need and identify the target population? c. define the program, goals, and staffing? d. articulate a long-range plan? e. show financial stability by having diversified funding sources, a complete, accurate budget, no serious fiscal issues, and serve a reasonable number of people for the funding requested. Toni Nelson, Chair e--)a Marcie Palmer, Vice Chair Dan Clawson, Member Karern Sergsvew Diane UIecAt CITY OF RENTON, WASHINGTON RESOLUTION NO. 32/Z A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING FACTS, EXTENDING A MORATORIUM ON SEWER AVAILABILITY FOR NEW SUBDIVISIONS WITHIN THE EAST RENTON PLATEAU POTENTIAL ANNEXATION AREA, AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM. WHEREAS, the City of Renton has established a portion of the East Renton Plateau within its Potential Annexation Area; and WHEREAS,the City of Renton has established this portion of the East Renton Plateau as being within its sanitary sewer service area; and WHEREAS, a citizen's group is currently pursuing potential annexation of the East Renton Plateau area; and WHEREAS, the City of Renton desires that all new subdivisions be developed to its land use, zoning and public works standards; and WHEREAS, subdivisions developed in the county do not comply to all City standards; and WHEREAS, once properties are annexed to the City, new subdivisions not vested within the county would be required to meet all City standards; and WHEREAS, declaring a moratorium would prevent vesting of subdivisions before the property could be annexed to Renton; and WHEREAS, a moratorium was established by Resolution No. 3758 and extended by Resolution No. 3783, to provide adequate time for establishment of an annexation petition to be submitted to the City Council for its consideration; and 1 RESOLUTION NO. WHEREAS, a petition for an election annexation was submitted to the City on November 15, 2005, and certified on December 19, 2005; and WHEREAS, such annexation petition has been making adequate progress; and WHEREAS, the City will present the annexation election proposal to the State Boundary Review Board on June 14 and June 15, 2006; and WHEREAS, King County Division of Records, Elections and Licensing has not set an election date for this proposal; and WHEREAS, a public hearing was held on June 5, 2006, to take testimony on extending the moratorium; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. There is hereby extended a moratorium on issuance of sewer availabilities for new subdivisions within the East Renton Plateau annexation area; such moratorium is shown on the attached map. The purpose of the moratorium is to preclude issuance of any new sanitary sewer availabilities and vesting of subdivisions under King County subdivision standards prior to a vote on the annexation question by the electorate within this potential annexation area. SECTION III. The moratorium shall be in place for a period not to exceed six additional months, unless otherwise extended for one or more additional periods by the City Council, but only if a subsequent public hearing is held and findings of fact are made prior to each renewal, to support such renewal. 2 RESOLUTION NO. 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.1189:5/31/05:ma 3 , RESOLUTION NO. 3783 Emmuiremarigiormumnriiirall1■■■� . .11111111,,,.,.- :►►I�il� 1 ■-r_, ck-O ..111 = „r�..�� �mg.•4. .,�:�,Mil ,, ►i0111� cr o 11l�pry:allEantr:emsumi Vic;:p��,arjr..._.._11.1 ,....., ....4:T04 L.':z�■11,1111�,��; ..�.�... e 1 I ism Arf CI VI z ii_. ,,,, L... la m < 14 ,Ie 84 .:lie -- ansa fi ~ ,``�► !��=,e:11 1 €at r fitettli€tila 111%- 1`.' 1�` N _�"� � �_'� Ep Ea e= E1 tLIFi xl Em1 M -- °. 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A1:Jar.0.,.■11111 11111111111111 / err ;••<�;1• .• Irw': �. as 4-41.1. %....fir// 4,0 SANITARY SEWER MORATORIUM BOUNDARY FOR NEW SUBDIVISION ON EAST RENTON PLATEAU MAY 2005 ,4dopled 6•.s 0206 CITY OF RENTON, WASHINGTON RESOLUTION NO. J 1/3 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A HEARING DATE TO VACATE A PORTION OF N. 38TH STREET BETWEEN MEADOW AVENUE N. AND I-405 (JAMES S TASCA,PETITIONER; VAC 06-002) WHEREAS, a Petition has been filed with the City Clerk of the City of Renton on or about March 31, 2006, pursuant to the requirements of RCW 35.79, petitioning for the vacation of a portion of N. 38th Street between Meadow Avenue N. and I-405, as hereinafter more particularly described, and said petition having been signed by the owners of more than two- thirds (2/3) of the property abutting upon said street sought to be vacated, and same being described as follows: See Exhibit "N' attached hereto and made a part hereof as if fully set forth herein [A portion of N. 38th Street between Meadow Avenue N. and I-405]. NOW, 'THI REFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L That the 26th day of June, 2006, at the hour of 7:00 P.M. at the City Council Chambers at City Hall, Renton, King County, Washington, is hereby fixed as the time and place for a public hearing to consider the aforesaid Petition for vacating a portion of N. 38th Street between Meadow Avenue N. and I-405, which said hearing date is not more than sixty nor less than twenty days from the date of passage of this Resolution. SECTION IL The City Clerk is hereby authorized and directed to give notice of the time and date of this hearing as provided by RCW 35.79.020 and any and/or all persons interested therein or objecting to this vacation may then appear and be heard thereon, or they 1 RESOLUTION NO. may file their written objections thereto with the City Clerk at or prior to the time of hearing on the vacation. SECTION III. The City Council shall determine, as provided by RCW 35.79.030, as to whether an appraisal shall be secured to determine their fair market value of the property sought to be vacated as provided for in Ordinance No. 4266, and the amount of compensation to be paid by the Petitioner-Owners to the City for such vacation. The City likewise reserves the right to retain an easement for public utility and related purposes. 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.1188:5/30/06:ma 2 Exhibit A Legal Description In the City of Renton, King County, Washington That portion of North 38th Street lying East of North Meadow Ave and West of Interstate 405, all in the NW-1/4 Section-32 Township-24 Range-5E Map Exhibit fr.) I, 14 - ,'- %- ,3 , . 4.. f•_ _.__Ea 4, 'tercet? I: tan ; ; : ---1-i-1,.:-7,-.1..i ` mak••-^t .l 11t 1r8/CC B 0 til L h. ` ( ' '' ......'.7.\ ArN ,t...,\ ,,,'; . ;i --1- ,=:—. ..1.... ' -', ,...__. -, .;I I- „,_'....) ' \ - 7 .--1: -,;:_ .:: 1:4,, : ,. ::::,...,m6, ,..,,,,,,.. 1-:i, .imentrAtiolow . .. ° Air. , 1:- ' 0,0,-•.--• `',:`• ',I .-:-4-”`i"--1 j 5.,1. 4 y . tlf ,tl/c?lfVt , z T 33t21U0S5H 3342700508 z w Parcel Number 511 3342780578 a` 3342700570 0 w ,3 N 38TH ST LOCATION OF p4 f ! QUESTED VACATIO ' tr ki o 4 Parcel Number ~ _` 3342700630 3342700491 t' 334718062! 466/ /kd lo"•R006 CITY OF RENTON, WASHINGTON RESOLUTION NO. , )4/ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT(PARKSIDE; FILE NO. LUA-06-047FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION IL The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if filly set forth (The property, consisting of approximately 2.76 acres, is located in the vicinity of Blaine Avenue NE and NE 24 Street) 1 RESOLUTION NO. is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated May 25, 2006. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1186:5/29/06:ma 2 EXHIBIT A LEGAL DESCRIPTION TRACT 236, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO.4, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 82, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 85 FEET OF THE SOUTH 150 FEET THEREOF,• AND EXCEPT THE WEST 96 FEET OF THE SOUTH 150 FEET THEREOF,• AND EXCEPT THE NORTH 90 FEET OF THE SOUTH 240 FEET OF THE WEST 96 FEET THEREOF Io . 1 a ) _' ' x , rt . y --o it Rt 5.01 .- • V09 1 -\-,,, i_ 1 ____44,.„--...., , 0 . .., . , _, C ty 1 /^1 ' ' 1 1 n1 I ��-a.vp,I w ' 11. /((,J/l-_ .`�. Y'� , _ • /0- _ _r..") 1,1 4-.) I g.) 1,0 1 I ,..�A I '.. I Ft) --- 1 I C:, /� i lJ�ILT'I N i I / \ ��1!��1 4,, - - f O ro 1 -N-/ I tJ ((V ��ill ^l j Iv`� P ~-L N I- BI .I 1 ., , 1 G9 s1.t7 1 9t 11 psd I aids 1' ' - X11 60 462:f. I I [ i 11ABERDEEN 1 , 7B I B.f3d Bo4t 75 ' s AVE. N. 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N tJ I 1 • o�.l ._ -1 --�- I VS I -- - }J Mq N • (pp 1� I N /0211 p 1 N I I N 1 NN I` w hJ -- - 1 1 (IN h4 1r� t t ~ $ '1 1 I ®c, to .....1 � M. ;O •' c w I rte— ,�1 4+ y0191(4.-11-411-479.15 I` !iVf_rit IW�U �' 1 i 1 , al �_� /02; 60 ,00 1 ldIII cl L I Y. -7046 30 /4Q 111 6o I ,, 60 /ot.81 /02: 1 16 I 6� Cf ♦s 9 1 L 1 ?7I 131.5 EDMONDS• ----•-- -''AVE.- - -- --- -•—N. E. 11 �.7 MO/ OvtN fido,led s oo6 CITY OF RENTON, WASHINGTON RESOLUTION NO. 33/.5 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT, ENTITLED "ADDENDUM #26 FOR SHARING OF FIBER OPTIC INSTALLATION PROJECTS", WITH THE CITY OF BELLEVUE, THE CITY OF K RKLAND, THE LAKE WASHINGTON SCHOOL DISTRICT, THE UNIVERSITY OF WASHINGTON, THE BELLEVUE SCHOOL DISTRICT AND EVERGREEN HOSPITAL, TO PROVIDE AN ALTERNATIVE TO THE KING COUNTY INET AND TO BETTER SERVE ADDITIONAL AREAS WITHIN THE CITY OF RENTON. WHEREAS, the City of Bellevue, the City of Kirkland, the Lake Washington School District, the University of Washington, the Bellevue School District and Evergreen Hospital (the Participating Agencies) have entered into the General Terms and Conditions for Sharing of Fiber Optic Installation Projects; and WHEREAS, the Participating Agencies desire to enter into a Fiber Optic Project Agreement for a planned Fiber Optic Project; and WHEREAS,the City of Renton desires to participate in the planned Fiber Optic Project and future Fiber Optic Projects but cannot because it is not a Participating Agency subject to the General Terms and Conditions for Sharing of Fiber Optic Installation Projects; and WHEREAS,Renton School District desires to participate in the planned Fiber Optic Project and future Fiber Optic Projects but cannot because it is not a Participating Agency subject to the General Terms and Conditions for Sharing of Fiber Optic Installation Projects; and WHEREAS, the current Participating Agencies desire to amend the General Terms and Conditions for Sharing of Fiber Optic Installation Projects to add the City of Renton and Renton 1 RESOLUTION NO. School District each separately and individually, as a Participating Agency for participation in the planned Fiber Optic Project and future Fiber Optic Projects; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION H. The Mayor and City Clerk are authorized to enter into the interlocal agreement entitled Addendum #26 General Terms and Conditions for Sharing of Fiber Optic Installation Projects. 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.1185:5/16/06:ma 2 hdo/kd d-s Aoo6 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3816 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH 'THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, FOR GRANT FUNDING FOR PLANNING AND CONSTRUCTION ON SR 900 AT MP 10.08 (S. 3'm STREET AT SHATTUCK AVENUE). WHEREAS, S. r' Street at Shattuck Avenue, also known as SR 900-MP 10.08, is a location that has continuously ranked high on the state's "Pedestrian Accident Location" (PAL) lists; and WHEREAS, the City desires to do certain planning and construction work to design and construct the rebuilding of the intersection to improve visibility of pedestrians and bicyclists, and provide clearer direction for motorists; and WHEREAS,the City has estimated the total cost of this project at $300,000; and WHEREAS, the Washington State Department of Transportation has available to the City a grant in the sum of$200,000; and WHEREAS, it is necessary to document the terms and conditions under which the State will provide, and the City will accept, such grant; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION IL The Mayor and City Clerk are authorized to enter into an interlocal cooperative agreement with the Washington State Department of Transportation entitled 1 RESOLUTION NO. Highways and Local Programs State Funding Agreement for SR 900—MP 10.08 (S. 3i Street at Shattuck Avenue) as well as any further agreements, supplemental agreements, or other documentation necessary to execute the work associated with this project. 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.1177:4/28/06:ma 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, APPROPRIATING THE NEW PROGRAMS AND PROJECTS TO MEET THE NEED OF NEW CIRCUMSTANCES AND OPPORTUNITIES IN THE 2006 FISCAL YEAR WHEREAS, the City Council passed the City of Renton's 2006 Annual Budget Ordinance(Ordinance No. 5180)on December 12, 2005; and WHEREAS, it is a priority of the City to appropriate new programs and projects to meet the need of new circumstances and opportunities for the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Ordinance No. 5180 establishing the City of Renton's 2006 Annual Budget is hereby amended as follows: 1. The General Fund (Fund 000) is hereby amended to reflect the following appropriation amendments: GENERAL FUND(Fund 000) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 50,096,256 50,096,256 0 Use prior year revenue 0 149,881 149,881 Revenues 50,096,256 50,246,137 149,881 EXPENDITURES Budget Appropriation 50,084,947 50,246,137 161,190 Fire Department Wellness Program 0 0 Total Appropriation 50,084,947 50,246,137 161,190 Ending Fund Balance 11,309 0 (11,309) Expenditures 50,096,256 50,246,137 149,881 "�Irrr ORDINANCE NO. 2. The Fire Wellness Program Fund (Fund 011) is created and the appropriation is transferred from the Fire Department Operating Budget. FIRE WELLNESS PROGRAM FUND(Fund 011) 'Y 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 0 18,500 18,500 Revenues 0 18,500 18,500 EXPENDITURES Budget Appropriation 0 18,500 18,500 Expenditures 0 18,500 18,500 3. The Park Fund (Fund 101) is hereby amended to reflect the following appropriation amendments: PARK FUND(Fund 101) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 11,260,376 11,260,376 0 NS Use of Prior Year Revenue 5,000 37,000 32,000 Revenues 11,265,376 11,297,376 32,000 EXPENDITURES Budget Appropriation 11,265,376 11,297,376 32,000 Expenditures 11,265,376 11,297,376 32,000 4. The Street Fund (Fund 103) is hereby amended to reflect the following appropriation amendments: Ned 2 ORDINANCE NO. STREET FUND(Fund 103) FY 2006 Noir' Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 6,738,878 6,738,878 0 Use of Prior Year Revenue 0 28,000 28,000 Revenues 6,738,878 6,766,878 28,000 EXPENDITURES Budget Appropriation 6,738,878 6,738,878 0 Aerial Photography/Topographic Mapping 0 28,000 28,000 Expenditures 6,738,878 6,766,878 28,000 5. The Hotel/Motel Fund (Fund 110) is hereby amended to reflect the following appropriation amendments: HOTEL/MOTEL FUND(Fund 110) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 220,000 242,500 22,500 Revenues 220,000 242,500 22,500 EXPENDITURES Budget Appropriation 220,000 220,000 0 Professional Services Contract 0 22,500 22,500 Expenditures 220,000 242,500 22,50Q 6. The LID Debt Services Fund (Fund 220) will be eliminated. The appropriation will be transferred to Fund 406. Nome 3 ORDINANCE NO. LOCAL IMPROVEMENT DISTRICT DEBT SERVICE FUND(Fund 220) FY 2006 loOf Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 9,500 0 (9.500) Use of Prior Year Revenue 22,525 67,826 45,301 Revenues 32,025 67,826 35,801 EXPENDITURES Budget Appropriation 32,025 0 (32.025) Transfer Fund Balance&Budget to Fund 406 0 67,826 67,826 Expenditures 32,025 67,826 35,801 7. The Municipal Facilities Capital Improvement Fund (Fund 316) is hereby amended to reflect the following appropriation amendments: MUNICIPAL FACILITIES CAPITAL IMPROVEMENT FUND(Fund 316) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 2,100,000 2,100,000 0 Use of Prior Year Revenue 3,231,096 3,521,096 290,000 4401 Revenues 5,331,096 5,621,096 290,000 EXPENDITURES Budget Appropriation 5,331,096 5,331,096 0 Capital Projects 0 290,000 290,000 Expenditures 5,331,096 5,621,096 290,000 8. The Solid Waste Utility Fund (Fund 403) is hereby amended to reflect the following appropriation amendments: 4 ORDINANCE NO. SOLID WASTE FUND(Fund 403) FY 2006 or.r Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 9,104,429 9,104,429 0 Use of Prior Year Revenue 565,819 566,456 637 Revenues 9,670,248 9,670,885 637 EXPENDITURES Budget Appropriation 9,670,248 9,670,885 637 Expenditures 9,670,248 9,670,885 637 9. The Water Utility Fund (Fund 405) is hereby amended to reflect the following appropriation amendments: WATER UTILITY OPERATION FUND(Fund 405) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 7,787,792 7,787,792 0 Use of Prior Year Revenue 571,736 600,373 28,637 Transfer in from Fund 425 0 3,239,850 3,239,850 %me Revenues 8,359,528 11,628,015 3,268,487 EXPENDITURES Budget Appropriation 8,359,528 8,335,165 (24.363) Aerial Photography/Topographic Mapping 0 28,000 28,000 Total Appropriation 8,359,528 8,363,165 3,637 Ending Fund Balance 0 3,264,850 3,264,850 Expenditures 8,359,528 11,628,015 3,268,487 10. The Waste Water Utility Fund (Fund 406) is hereby amended to reflect the following appropriation amendments: 5 ORDINANCE NO. WASTEWATER UTILITY OPERATION FUND(Fund 406) FY 2006 1400 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 3,846,688 3,846,688 0 Use prior year revenue 84,074 135,236 51,162 Transfer revenue from Fund 220 0 9,500 9,500 Transfer in fund balance from Fund 220 0 67,826 67,826 Revenues 3,930,762 4,059,250 128,488 EXPENDITURES Budget Appropriation 3,930,762 3,931,399 637 Aerial Photography/Topographic Mapping 0 28,000 28,000 Transfer appropriation from Fund 220 0 32,025 32,025 Total Appropriation 3,930,762 3,991,424 60,662 Ending Fund Balance 0 67,826 67,826 Eat ,ditures 3,930,762 4,059,250 128,488 11. The Surface Water Utility Fund (Fund 407) is hereby amended to reflect the following appropriation amendments: SURFACE WATER UTILITY OPERATION FUND(Fund 407) FY 2006 Nisi Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 3,089,240 3,089,240 0 Use of Prior Year Revenue 152,711 181,348 28,637 Soft Capital Reimb from Fund 427 0 29,793 29,793 Revenues 3,241,951 3,300,381 58,430 EXPENDITURES Budget Appropriation 3,241,951 3,242,588 637 Aerial Photography/Topographic Mapping 0 28,000 28,000 Residual Equity Transfer out to Fund 427 0 29,793 29,793 Expenditures 3,241,951 3,300,381 58,430 12. The Water Utility Construction Fund (Fund 425) is hereby amended to reflect the following appropriation amendments: 6 ORDINANCE NO. WATER UTILITY CONSTRUCTION FUND(Fund 425) FY 2006 wow Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 6,715,000 6,715,000 0 Use prior year revenue 1,476,700 4,716,550 3,239,850 Revenues 8,191,700 11,431,550 3,239,850 EXPENDITURES Budget Appropriation 8,191,700 8,191,700 0 Transfer to Fund 405 3,239,850 3,239,850 Expenditures 8,191,700 11,431,550 3,239,850 13. Waste Water Utility Construction Fund (Fund 426) is hereby amended to reflect the following appropriation amendments: WASTEWATER UTILITY CONSTRUCTION FUND(Fund 426) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 2,600,000 2,600,000 0 Use prior year revenue 2,022,000 2,022,000 0 Transfer in Bond proceeds from Fund 451 0 212,664 212,664 Revenues 4,622,000 4,834,664 212,664 EXPENDITURES Budget Appropriation 4,622,000 4,622,000 0 Ending Fund Balance 0 212,664 212,664 Expenditures 4,622,000 4,834,664 212,664 14. The Surface Water Utility Construction Fund (Fund 427) is hereby amended to reflect the following appropriation amendments: err 7 ORDINANCE NO. SURFACE WATER UTILITY CONSTRUCTION FUND(Fund 4271 FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 2,300,000 2,300,000 0 Use prior year revenue 1,545,000 1,545,000 0 Transfer in from Fund 427 0 29,793 29,793 Revenues 3,845,000 3,874,793 29,793 EXPENDITURES Budget Appropriation 3,845,000 3,874,793 29,793 Expenditures 3,845,000 3,874,793 29,793 15. The Waterworks Revenue Bond Fund(Fund 451)is hereby amended to reflect the following appropriation amendments: WATERWORKS REVENUE BOND FUND(Fund 451) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 3,103,500 3,103,500 0 Use prior year revenue 108,300 310,964 202,664 Revenues 3,211,800 3,414,464 202,664IT EXPENDURES Budget Appropriation 3,211,800 3,201,800 (10.000) Transfer bond proceeds to Fund 426 0 212,664 212,664 Expenditures 3,211,800 3,414,464 202,664 16. The Firemen's Pension Fund (Fund 601) is hereby amended to reflect the following appropriation amendments: 8 ORDINANCE NO. FIREMEN'S PENSION FUND(Fund 601) FY 2006 `9""` Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 223,000 223,000 0 Use prior year revenue 234,300 254,300 20,000 Revenues 457,300 477,300 20,000 EXPENDITURES Budget Appropriation 457,300 477,300 20,000 Expenditures 457,300 477,300 20,000 SECTION IL A list of all individual budget adjustments and descriptions is hereby attached as Attachment A and is available for public review in the Office of the City Clerk, Renton City Hall. SECTION IIL This ordinance shall be effective upon its passage, approval, and five(5) days after publication. err 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: %owe 9 ORDINANCE NO. Attachment A Title and Description Amount General Fund 1 Mayor's Office Staff Reorganization(Mayor's office-New request) 85,000.00 Request for the reorganization to the Executive position. 2 Finance Operating Appropriation Request(FIS-New request) 40,000.00 $20,000 to continue the internship program and$10,000 for regular staff overtime to meet the Business Licenses system implementation need;$10,000 for Eden Finance System Study 3 Human Resources Operating Appropriation Request(HIR-New request) 10,000.00 To assist in dealing with unusual staffing challenges facing the department this year 4 Voter's Registration&Election Costs (City Clerk Office-New request) 40,950.00 $11,200 for voters'registration costs and$29,750 for election costs to King County due to actual billing over the budgeted amounts 5 Human Services(Community Services-Budget Adjustment) (42,760.00) Reduce$8,660 intermittent salaries and benefits;increase$2,500 contractual account and reduce$36,600 Summer lunch program due to no longer get reimbursement from State. We are contracting with The Salvation Army(TSA)to run the program 6 Aerial Photo graphy/Touographic Mapping (PBPW-New Request) 28,000.00 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Piofessional Srvcs budget by using prior year Fund Balance General Fund(Fund 000)Total 161,190.00 Fire Wellness Program 7 Fund 011 Fire Wellness Program 18,500.00 Transfer appropriation from GF 000/009 Fire department operating budget to create new fund for Fire Wellness Program Fire Wellness Program Fund(Fund 011)Total 18,500.00 I Park Fund 8 Integrated Pest Management Program(Community Services-New request) 32,000.00 Need to meet the contract obligation Park Fund(Fund 101)Total 32,000.00 I 1 of 4 ORDINANCE NO. Attachment A Title and Description Amount Street Fund 9 Aerial Photographv/Topographic Mapping(PBPW-New Request) 28,000.00 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Srvcs budget by using prior year Fund Balance Street Fund(Fund 103)Total 28,000.00 Hotel/Motel Fund 10 Hotel/Motel Fund Professional Contract(EDNSP- Increase appropriation) 22,500.00 Increase the Revenue budget and expenditure appropriation to pay for Hamilton/Saunderson and Chamber contracts Hotel/Motel Fund(Fund 110)Total 22,500.00 LID Debt Service Fund 11 LID Debt Services Fund 220(LID-New Request) 35,801.00 Close Fund 220 and transfer the budget and FB to Fund 406 Wastewater Utility Operation Budget LID Debt Service(Fund 220)Total 35,801.00 Noise Municipal Facilities CIP Fund 12 Library Master Plan(Community Services-New request) 130,000.00 To complete the master plan of the City Library System as previously discussed 13 Recreation Center Storage Facility 2nd Building(Comm Svcs-New request) 80,000.00 Allows construction of a needed 2nd storage building at the RCC 14 Henry Moses Pool Lighting(Comm Svcs-New request) 80,000.00 Relates to project 31 below-provides additional funds to complete project Municipal Facilities CIP Fund(Fund 316)Total 290,000.00 Solid Waste Utility Fund 15 Utility Admin Budget 637.00 Budget correction to 2006 budget Solid Waste Utility Fund(Fund 403)Total 637.00 Now 2 of 4 ORDINANCE NO. Attachment A Title and Description Amount Water Utility Fund 16 Water Inventory Consumed(PBPW/Waterworks Operating-Carry Forward) (25.000.00) Budget correction to 2006 budget 17 Utility Admin Budget 637.00 Budget correction to 2006 budget 18 Aerial Photography/Topographic Mapping(PBPW-New Request) 28,000.00 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Srvcs budget by using prior year Fund Balance 19 Ending Fund Balance Increase 3,264,850.00 Increase due to water inventory consumed(25,000)and fund balance transfer from fund 425 to 405(reversed the transaction transfer from Fund 401 to 421 in 2005 Carry Forward ordinance) Water Utility Fund(Fund 405)Total 3,268,487.00 Wastewater Utility Fund 20 Utility Admin Budget 637.00 Budget correction to 2006 budget 21 Aerial Photography/Toao¢raphic Mapping(PBPW-New Request) 28,000.00 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Srvcs budget by using prior year Fund Balance 22 LID Debt Services Fund 220(LID-New Request) 99,851.00 Close Fund 220 and transfer the budget and FB to Fund 406 Wastewater Utility Operation Budget Wastewater Utility Fund(Fund 406)Total 128,488.00 Surface Water Utility Fund 23 Utility Admin Budget 637.00 Budget correction to 2006 budget 24 Aerial Photography/Topographic Mapping(PBPW-New Request) 28,000.00 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Srvcs budget by using prior year Fund Balance 25 Surface water project(PBPW Budget Adjustment) 29,793.00 Transfer to fund 427 not posted in 2005 I Surface Water Utility Fund(Fund 407)Total 58,430.00 3 of 4 ORDINANCE NO. Attachment A Title and Description Amount Water Utility Fund 26 Transfer fund balance from fund 425 to 405(PBPW/Fund balance Transfer)Transfer 3,239,850.00 fund balance from Fund 425 to Fund 405(reversed the transaction transfer from Fund 401 to 421 in 2005 Carry Forward ordinance) Water Utility Construction Fund(Fund 425)Total 3,239,850.00 Waste Water Utility Construction Fund 27 2004 Bond Proceeds transfer to Fund 426 212,664.00 Transfer the last 2004 bond proceeds to Fund 426 Waste Water Utility Construction Fund(Fund 426)Total 212,664.00 Surface Water Utility Construction Fund 28 Surface Water Project(PBPW Budget Adjustment) 29,793.00 2005 CIP Soft Cap exp was not posted in 2005 Surface Water Utility Construction Fund(Fund 427)Total 29,793.00 Waterworks Utility Debt Service Fund 29 Interest appropriation 00) Budget correction to 2006 30 Transfer 2004 Bond proceeds(PBPW-New request) 212,664.00 Transfer the last 2004 bond proceeds to fund 426 Waterworks Utility Debt Service Fund(Fund 451)Total 202,664.00 Firemens Pension Fund 31 Pension Fund 601 (Pension Fund-New Request) 20,000.00 Pension Board approved the reimbursements to the Insurance Fund 522 for medical disbursements effective 1/1/2006.Funding source is Fund balance Firemen Pension Fund(Fund 601)Total 20,000.00 4 of 4 /5t readi45 5-01,2-a? 4dolo/ed e-5-01M6 CITY OF RENTON, WASHINGTON ORDINANCE NO. So//0 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,ADDING SECTIONS 8-4-46 TO CHAPTER 4, WATER, AND 8-5-23 TO CHAPTER 5, SEWERS, OF TITLE VIII (HEALTH AND SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," ALLOWING CERTAIN WATER AND WASTEWATER BILLING ADJUSTMENTS FOR WATER LEAKS . THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L A new Section, 8-4-46, of Chapter 4, Water, of Title VIII(Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: 8-4-46: WATER BILLING ADJUSTMENT FOR WATER LEAK: A. The City will process and grant no more than one water billing adjustment for water leaks on the customers' side of the water meter per water service connection every five(5) years. Adjustments will be calculated over the billing periods when the water leak occurred, up to a maximum of two(2)billing periods(four(4)months). No leak adjustments will be granted for irrigation systems, frozen connections or pipes, leaky toilets, boat docks, pools, fountains, ponds, other outdoor decorative water features or hot tubs. B. A written request for a water billing adjustment must be submitted to Utility Billing Customer Service within sixty (60) days of discovery of the water leak and/or sixty(60) days of receipt of the billing that covers the time period when the water leak occurred. The written request must include the service address, billing periods over which the leak occurred, location of the leak and a copy of the repair receipt and/or a description of the completed repair. 1 ORDINANCE NO. C. The water portion of the bill will be adjusted by charging for only 50% of the consumption charge over the billing period(s)when the leak occurred. Example of adjusted water billing calculation: (Basic Monthly Charge)+ (0.50 X Consumption)X Commodity Rate. Adjustments greater than$2,000 shall be submitted to the Finance Committee for approval or denial. There will be no adjustment of the Basic Monthly Charge or any other water charge. SECTION II. A new Section, 8-5-23, of Chapter 5, Sewers, of Title VIII(Health and Sanitation)of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: 8-5-23: WASTEWATER BILLING ADJUSTMENT FOR WATER LEAK: A. The City will process and grant no more than one wastewater billing adjustment for water leaks on the customers' side of the water meter per water service connection every five (5)years. Adjustments will be calculated over the billing periods when the water leak occurred, up to a maximum of two(2)billing periods(four(4)months). No leak adjustments will be granted for irrigation systems, frozen connections or pipes, leaky toilets, boat docks, pools, fountains, ponds, other outdoor decorative water features or hot tubs. B. A written request for a wastewater billing adjustment must be submitted to Utility Billing Customer Service within sixty (60)days of discovery of the leak and/or sixty(60) days of receipt of the billing that covers the time period when the water leak occurred. The written request must include the service address, billing periods over which the water leak occurred, location of the leak, a copy of the repair receipt and/or a description of the completed repair, and documentation that the leaked water did not enter the sanitary sewer system. C. No leak adjustment for wastewater will be granted for single-family sewer accounts because the sewer charge is a flat rate and not affected by a water leak. 2 ORDINANCE NO. D. For non single-family sewer accounts, a full adjustment of the sewer bill will be made for all leaked water that did not enter the sanitary sewer system. The adjustment will be determined by averaging normal water consumption from previous representative billing periods and charging wastewater volume rates based on this normal average volume. Adjustments greater than$2,000 shall be submitted to the Finance Committee for approval or denial. There will be no adjustment of the base charge or any other sewer charge. SECTION III. 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 APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1270:4/28/06:ma 3