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HomeMy WebLinkAboutCouncil 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
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• Hearing assistance devices for use in the Council Chambers are available upon request to the CityClerk •
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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\ -
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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.
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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
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Existing Conditions - Structures
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Existing Conditions - Topography
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4
Existing Conditions - Sensitive Areas
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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\
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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
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Hearing Handout 06-05-06.doe\ ,
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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.-*,"-• - ,,: -, . -
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Park) Terrace!. :---'1.4_*fl,''.; ,•-:'" Elementary
79,7 ac- ,` 3't::- ' 't -= 9.8 ac-
,,,,,.....,
ITLindberg -!.▪..-10,,v2 „ -,-.:04,--
19.6 ac.
„
_
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66.5 ac %,*`' --------- ,\,,,,i _,4.„,..--
'-',-1--,1/4_,-
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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
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, -1.......-:.__-.....7- Hudson, ' lag ac„, -
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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
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• •
• •
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.
.......„, .... .. . ,
. . ..„.
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. .
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\
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,...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.
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N 38TH ST LOCATION OF X t(
QUESTED VACATTW
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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
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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
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�,,,, 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 ��
}
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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. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN 01145/ON
NO.4, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS,
PAGE 82, IN KING COUNTY, WASHINGTON,
EXCEPT 1HE EAST 85 FEET OF THE SOUTH 150 FEET THEREOF,•
AND EXCEPT THE BEST 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.
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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.
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FPL T.D•C
CITY OF RENTON COUNCIL AGENDA BILL
i Al#: ,✓.
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
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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
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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 ,,
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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.
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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
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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
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EXHIBIT D
• •
. .
‘4I0 CITY CflRENTON
.BUSINESS LICENSE 2005
'74F.Irr.% ;'"'" Licensee has made application for a City of
_ 'of Renton business license in accordance with the
27719 5/4/200.5 851 S CARR RD provisions of Title V,BuSiness Regulations
Chapter 1,Code of General Ordinances of the
• City of Renton and agrees to comply with elithe
• requiremen,ts of said ordinence. Licensee shall
further cornply With and all other City Code •
Ordinances,:State Laws'and Regulations '
• applideble to the business activity licensed. 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
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Spring brook Associates
Application 2006-M-4 min= Study Area 0 800 1600
Economic Development,Neighborhoods#Strategic Planning
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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.
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8 December 2005 = Applicant's Parcel ® Residential Low Density
Application 2006 M-6 City of Renton Highlands Center Village Land Use Designation
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This application will review whether the Comprehensive Plan Land Use Designations in
the Highlands Study Area should be revised in seven locations.
• Area 1: North of NE 16th St to approximately NE 20th St.
This areais currently designated Medium Density Residential with R-10 zoning.
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.
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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
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•
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
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• y�. .2+iY?,•�k>'*; ;z t.�'k.txsb. •
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,Y � .. o �'`�, n�ax �J ;,..-.,.....,•••••••a.
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• 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
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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;
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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
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ua Freed, Cou it Member
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Andrea Perry, Cou it Mem• -r
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Tim '•bin, C•unci ember
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Forrest Conover, ief of Police
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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
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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
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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
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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
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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