Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council 11/06/2006
AGENDA • RENTON CITY COUNCIL REGULAR MEETING November 6, 2006 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Renton Marketing Video 4. PUBLIC HEARINGS: a. Vacation petition for portion of Field Ave. NE (Petitioner: ESM Consulting Engineers) b. 2007 City of Renton revenue sources and preliminary budget c. East Renton Plateau Potential Annexation Area prezoning 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 10/23/2006. Council concur. b. Mayor Keolker appoints Heather Nugent, 1717 Lincoln Ct. SE, Renton, 98055, to the Library Board for a five-year term expiring on 6/1/2011. Refer to Community Services Committee. c. Administrative, Judicial and Legal Services Department recommends approval of an agreement with King County regarding the East Renton Plateau Potential Annexation Area. Refer to Committee of the Whole. d. Administrative, Judicial and Legal Services Department recommends approval of an agreement with King County relating to the potential future annexation of four of Renton's Potential Annexation Areas. Refer to Committee of the Whole. e. Community Services Department recommends approval to allocate the unanticipated revenue in the amount of$38,760 from Ivar's, Inc. (as per Ivar's contract with the City)to supplement expenditures associated with the holiday lights display program. Council concur. (See 10.a. for ordinance.) f. Community Services Department requests authorization to increase the park fund budget in the amount of$35,000 for intermittent parks and recreation staffing expenses. Refer to Finance Committee. g. Court Case filed on behalf of Patrick Gress by Peter T. Connick, 157 Yesler Way, #518, Seattle, 98104, requesting removal of forfeiture proceeding to district court and return of plaintiffs property seized by the Renton Police Department on 3/23/2006. Refer to City Attorney and Insurance Services. h. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way at Meadow Ave. N. to fulfill a requirement of the Meadow II Short Plat(SHP-05- 157). Council concur. (CONTINUED ON REVERSE SIDE) i i. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way at Mt. Baker Ave. NE and at Nile Ave. NE to fulfill a requirement of the Windstone II Short Plat(SHP-04-124). Council concur. j. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way at Kitsap Pl. NE to fulfill a requirement of the Windstone III Short Plat(SHP-04- 136). Council concur. k. Development Services Division requests approval to allow private stormwater utilities to be installed in geologically hazardous areas. Refer to Planning and Development Committee. 1. Development Services Division recommends approval to permit wireless communication facilities in residential zones within public rights-of-way. Refer to Planning and Development Committee. m. Economic Development,Neighborhoods and Strategic Planning Department submits 60% Direct Petition to Annex for the proposed Aster Park Annexation and recommends a public hearing be set on 11/20/2006 to consider the petition and future zoning; 19.85 acres located along the south side of NE Sunset Blvd., west of 148th Ave. SE. Council concur. n. Economic Development,Neighborhoods and Strategic Planning Department recommends a public hearing be set on 11/20/2006 to consider the proposed Hudson Annexation and future zoning of the 13.69-acre site located in the vicinity of Benson Rd. S. and SE 168th St. Council concur. o. Economic Development,Neighborhoods and Strategic Planning Department reports submission of grant applications for the 2006 Neighborhood Grant Program(second round)and recommends funding one project and six newsletters in the total amount of$4,485. Refer to Community Services Committee. p. Finance and Information Services Department recommends approval of an interlocal joint purchasing agreement with the City of Bellevue. Council concur. (See 10. for resolution.) q. Finance and Information Services Department reports the firms selected to assist the City with bond sales as follows: Negotiated Bond Sales - Underwriter, Seattle Northwest Securities; Financial Advisor, Piper Jaffray; and Bond Counsel, Preston Gates &Ellis; and Competitive Bond Sales - Financial Advisor, Seattle Northwest Securities; and Bond Counsel, Preston Gates &Ellis. Information. r. Hearing Examiner recommends approval, with conditions,of the Cherie Lane II Preliminary Plat; six single-family lots on 2.84 acres located at S. 34th Pl. and Wells Ave. S. (PP-05-147). Council concur. s. Human Services Division requests a briefing on the One Night Count of the homeless to be held on 1/25/2007. Refer to Community Services Committee. t. Legal Division recommends approval to allow pawnbroker's to submit electronic records of their daily transactions to the Police Department without the necessity of providing paper records. Council concur. (See 10.b. for ordinance.) u. Municipal Court recommends approval of a contract in the amount of$59,112 with Olympic Security Services, Inc. for court security screening services at City Hall. Council concur. v. Transportation Systems Division recommends approval of Supplemental Agreement No. 7 to CAG-01-071, agreement with Perteet, Inc., for additional design work in the amount of$68,250 for the Maple Valley Hwy. (SR-169)Improvements Project Phase 2. Council concur. w. Utility Systems Division recommends approval of interlocal agreements with participating jurisdictions regarding the implementation of the Water Resource Inventory Areas (WRIA) 8 and 9 Salmon Habitat Plans for 2007-2015. Estimated nine-year cost is $205,722. Refer to Utilities Committee. x. Utility Systems Division recommends approval to revise the public works construction permit fees. Refer to Utilities Committee. 8. CORRESPONDENCE 9. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: Airport Advisory Committee Appointments b. Utilities Committee: King County Billing Methodology for Wastewater (CONTINUED ON NEXT PAGE) 10. RESOLUTIONS AND ORDINANCES Resolution: Joint purchasing agreement with City of Bellevue(see 7.p.) Ordinances for first reading: a. 2006 Budget amend re: Ivar's unanticipated revenue to offset holiday lights funding(see 7.e.) b. Requirements for pawnbroker's daily record of transactions (see 7.t.) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) Election of 2007 Council president and president pro tern 12. AUDIENCE COMMENT 13. EXECUTIVE SESSION(potential litigation) 14. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 5 p.m. 2007 Budget Presentations and Deliberation Loi • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM RENTON CITY COUNCIL Regular Meeting November 6, 2006 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF RANDY CORMAN, Council President; TONI NELSON; DAN CLAWSON; COUNCILMEMBERS DENIS LAW; TERRI BRIERE; MARCIE PALMER; DON PERSSON. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; KAREN MCFARLAND, Engineering Specialist; MICHAEL BAILEY, Finance and Information Services Administrator; ALEX PIETSCH, Economic Development Administrator; REBECCA LIND, Planning Manager; MARTY WINE, Assistant CAO; PREETI SHRIDHAR, Communications Director; TERRY HIGASHIYAMA, Community Services Administrator; CHIEF KEVIN MILOSEVICH and COMMANDER CHARLES MARSALISI, Police Department. SPECIAL PRESENTATION Alex Pietsch, Economic Development Administrator, explained that the Renton EDNSP: Renton Marketing Marketing Video is an initiative of the Renton Community Marketing Video Campaign, a partnership made up of the following stakeholders: City of Renton, Renton Technical College, Valley Medical Center, Renton School District, and Greater Renton Chamber of Commerce. He stated that this marketing tool will be used to recruit new businesses and employees, and to encourage people to visit Renton and invest in the community. Mr. Pietsch pointed out that the City of Renton's vision, "The center of opportunity in the Puget Sound Region where business and families thrive," was the basis of the theme for the video. He indicated that the marketing video is available for viewing on the City's website, and will be distributed to as many people as possible. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Vacation: Field Ave NE, ESM accordance with local and State laws, Mayor Keolker opened the public hearing Consulting Engineers, VAC- to consider the petition to vacate a 30-foot wide and 60-foot long portion of 06-004 Field Ave. NE, north of NE 2nd St. (Petitioner: Matt Cyr, ESM Consulting Engineers, on behalf of Timothy Lindberg and Jennifer Lindberg) Karen McFarland, Engineering Specialist, stated that 100 percent of the abutting property owners have signed the vacation petition, and the area does not contain any City-owned facilities. She explained that the petitioner plans to use the area in the proposed future development of the Magnussen Plat(LUA-06-053). Ms. McFarland indicated that the vacation request was circulated to various city departments and outside agencies for review and no objections were raised. Ms. McFarland relayed Transportation Division's request that the south 30 feet of the area remain right-of-way. She concluded that staff recommends approval of the vacation subject to the following conditions: the area be amended to include only the north 30 feet of the requested area, the petitioner provide satisfactory proof that outside utilities have received and are satisfied with any easements necessary to protect their facilities, and that compensation be paid pursuant to City Code. November 6,2006 Renton City Council Minutes Page 372 Public comment was invited. Eric LaBrie, ESM Consulting Engineers, 33915 1st Way S., Suite 200, Federal Way, 98003, expressed his agreement with all conditions as recommended by staff. There being no further public comment, it was MOVED BY LAW, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY LAW, SECONDED BY CLAWSON,COUNCIL APPROVE THE VACATION SUBJECT TO STAFF'S RECOMMENDATIONS. CARRIED. Budget: 2007 Revenue Sources This being the date set and proper notices having been posted and published in & Preliminary Budget accordance with local and State laws, Mayor Keolker opened the public hearing to consider the 2007 revenue sources and preliminary budget. Michael Bailey,Finance and Information Services Administrator, stated that the proposed 2007 Budget totals $210.8 million. He explained that the general government budget is made up of accounts that Council has discretion over, and it funds services such as police, fire, and parks. Mr. Bailey stated that property taxes for cities are limited to $3.60 per$1,000 of assessed valuation, and a 1 percent increase on the amount for the existing tax base. Continuing, Mr. Bailey said cities receive 27 percent of the property tax,and he indicated that assessed valuations have continued to grow. He noted that the 2007 Budget estimates property tax in the amount of$23.6 million. Mr. Bailey further noted that the average home value in Renton is $269,800. Regarding sales tax, he stated that the city tax rate is 0.85 percent of the total cost of taxable goods, and Renton anticipates sales tax revenues to grow by 5 percent in 2007. Mr. Bailey also pointed out that another significant source of revenue is from utility taxes. Mr. Bailey listed the preliminary budget highlights as follows: maintains existing service levels,contains no new taxes, uses reserves in excess of targets to pay for one-time items, keeps user fees up-to-date, does not anticipate or fund large annexations, increases Human Services Funds to 1 percent of the budget, expands aquatics programs, and restores staff support to maintain services. He noted that the budget proposes 18 additional full time equivalent employees. In conclusion, Mr. Bailey reviewed the 2007 Budget numbers,pointing out the proposed 62 percent increase in capital projects, and the proposed moderate rate increases to utilities in the amount of five percent for water and wastewater, and 3 percent for stormwater. The following correspondence was read into the record in support of the budget's proposed human services funding: Eileen Rasnack, Catholic Community Services, 12828 Northup Way, Suite 100, Bellevue, 98005; Beth Goretti,Valley Cities Counseling&Consultation, 2704 "I" St. NE,Auburn, 98002; Robin R. Corak, Multi-Service Center, 1200 S. 336th St., Federal Way, 98003; and Lee Drechsel,Domestic Abuse Women's Network (DAWN),PO Box 88007, Tukwila, 98135. Public comment was invited. Linda Rasmussen, Regional Director of the YWCA in South King County, 1010 S. 2nd. St., Renton,98057, challenged the Council to increase the human services funding beyond the amount proposed in the budget to provide more 1 November 6,2006 Renton City Council Minutes Page 373 funding for domestic violence victim services. She explained the need for increased victim services funding in Renton, and reviewed the types of services the YWCA provides to victims. Mary Ellen Stone, King County Sexual Assault Resource Center, 200 Mill Ave. S., Renton, 98057, said that Renton is a leader in human services funding throughout King County, which raises the standard for other cities. Ms. Stone urged Council to support the human services funding proposal. Additionally, she encouraged the funding of domestic violence victim services in Renton. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. The Mayor noted that the second budget public hearing will be held on 12/4/2006. Planning: East Renton Plateau This being the date set and proper notices having been posted and published in PAA Future Zoning accordance with local and State laws, Mayor Keolker opened the public hearing to consider prezoning for the entire East Renton Plateau Potential Annexation Area, which includes the 1,475-acre Preserve Our Plateau Annexation area. The area is located generally east of Union Ave. SE, west of 184th Ave. SE, south of SE 128th St., and north of SE 149th St. Alex Pietsch, Economic Development Administrator, stated that a nine-member East Renton Plateau Citizen Task Force was formed in September, and he introduced member Kerry Abercrombie who apprised Council of the task force's progress. Mr. Abercrombie explained that the task force's purpose is to formulate a recommendation for the prezoning and to discuss planning issues related to topics such as parks and recreation and traffic conditions. Mr. Abercrombie reported that the task force met five times to discuss the issue of prezoning, and has built a map of proposed zoning that meets the City's guidelines and regulations. Rebecca Lind, Planning Manager, stated that this is the first of two public hearings on the prezoning, and this hearing focuses on the task force's preliminary recommendation. She explained that the task force arrived at its recommendation by considering community character, City and King County planning policies, and environmental constraints for this 2,091-acre site that has an estimated population of 7,287 and contains 85.93 acres of parks. Ms. Lind reviewed King County's and Renton's planning and zoning strategies for the area. King County designates most of the area as Urban Residential, four to twelve units per gross acre. Renton's Comprehensive Plan designates most of the area as Residential Low Density, which allows three zones as follows: Residential-4 (R-4), four dwelling units per net acre; Residential-1 (R- 1),one dwelling unit per net acre; and Resource Conservation(RC)one dwelling unit per ten acres. Ms. Lind explained that RC zoning is proposed for the southwest and westernmost portions of the mapped area. R-1 zoning is proposed for the eastern and southeast portion, and a portion of the northeastern area. R-4 zoning is proposed for the remainder of the mapped area. Additionally, she pointed out that R-8 (eight dwelling units per net acre) zoning is proposed for 6.5 acres on a western tip of the mapped area. Ms. Lind detailed the mapping criteria for the proposed zoning. November 6,2006 Renton City Council Minutes Page 374 Concluding, Ms. Lind reviewed the area's environmental prezoning constraints, which include availability of sewer, hydrology, and topography. She noted the pervasive sensitive areas in the areas proposed for R-1 zoning, including streams, wetlands, and steep slopes. Correspondence was read from Robert Graham, 17404 SE 140th St., Renton, 98059,expressing his displeasure regarding the proposed R-1 zoning for his property. He indicated that the zoning downgrade will cut the value of his property in half. Public comment was invited. Robert Krauss, 2708 NE 24th St., Renton, 98056, indicated that he owns a piece of property in a partially built,two superblock area, and requested that the area be zoned R-4 rather than R-1. Discussion ensued regarding the matter, and Mayor Keolker indicated that Mr. Krauss's comments and concerns will be forwarded to the task force. Rob Graham, 17404 SE 140th St.,Renton, 98059, stated that his property easily supports 23 lots under the current zoning;however, according to the zoning proposal, his property can only have three or four lots. Mr. Graham noted that he invested his money in the land,and the proposal is unfair. He indicated that his property does not contain any significant environmental constraints. Garrett Huffman, South King County Manager of the Master Builders Association of King and Snohomish Counties, 335 116th Ave. SE,Bellevue, 98004, expressed his concerns regarding the R-1 zone. He acknowledged that environmental constraints exist in the area, but pointed out that the critical areas ordinance addresses these. Mr. Huffman indicated that a development is currently in the works; however, it cannot go forward if the property is zoned R-1. He stressed that the zoning proposal needs additional work. Theresa Wester,Bennett Development, 12011 NE 1st St., Bellevue,98005, stated that her firm has discussed purchasing previous speaker Rob Graham's property for development. She reported that sewer will be available at Liberty High School next year, and can be connected to Mr. Graham's property which is located only 700 feet from the school. Ms. Wester indicated that R-4 zoning is more suited for Mr. Graham's property. Councilman Persson requested that a field trip be arranged for Council to tour the East Renton Plateau PAA area. There being no further public comment, it was MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2006 and beyond. Items noted included: * Plans are underway for the next City of Renton sister city delegation visit to Nishiwaki, Japan, in mid-April 2007. The next delegation planning meeting will be held at City Hall on November 28. * Due to heavy rainfall on November 6, the Planning/Building/Public Works Department dispatched all maintenance crews citywide to take care of flooding and problems with clogged catch basins. r November 6,2006 Renton City Council Minutes Page 375 * The Burlington Northern Santa Fe railroad bridge over Shattuck Ave. S. recently suffered damage when a vehicle hit an abutment. The one-way underpass under the bridge is now closed on an emergency closure basis to allow for repairs, which could take up to three weeks. The railroad line will remain in operation during the repairs. AUDIENCE COMMENT Kirk Moore, 1901 Harrington Circle NE, Renton, 98056, stated that the Citizen Comment: Moore - Highlands Zoning Task Force removed R-10 zoning from consideration for the Highlands Zoning Task Force Highlands Subarea Plan. He indicated that task force members are working hard to develop a plan for the area that meets everyone's needs, and he thanked Planning Manager Rebecca Lind and Senior Planner Erika Conkling for their assistance. Citizen Comment: Petersen- Inez Petersen, 3306 Lake Washington Blvd. N., #3, Renton, 98056, spoke on 2007 Budget the topic of the proposed 2007 Budget. Referring to the 2006 property tax total rate of increase, she noted that the increase comes mainly from new construction and suggested that the City consider handling new construction the way the City of Bellevue does. Ms. Petersen suggested that the signing and connectivity studies be under the purview of the Public Works Department rather than the Economic Development Department. Additionally, she indicated that hiring just two additional police officers is not enough given the amount of crime occurring in Renton. Citizen Comment: McOmber- Howard McOmber,475 Olympia Ave. NE, Renton, 98056, stated that the Highlands Zoning Task Force Highlands Zoning Task Force is working hard to achieve the goal of a better Highlands neighborhood. He indicated that Renton has a lot good things going for it and is a fun place to live. Mr. McOmber noted that increased police funding is needed, as well as lighting in Highlands-area alleys. Council President Corman thanked the task force members and City staff for all their hard work. Citizen Comment: Madson- Lori Madson, 1301 SW 16th St., Renton, 98056, said she is the chair of the Citizen Initiative, Fireworks Committee to Keep Renton Safe and she encouraged people to vote on Ordinance November 7. Ms. Madson indicated that voters may experience confusion when voting on Renton Proposition 1, the initiative measure concerning fireworks. She explained that a "yes" vote revokes Renton's fireworks ban, and a "no" vote maintains Renton's ban on fireworks. Citizen Comment: Johnson- Arland "Buzz" Johnson, 334 Wells Ave. S.,#306, Renton, 98055,brought Water Drainage, I-405 Noise attention to two locations where water is pouring off of roof tops, not through down spouts,as follows: Main Ave. S. between S. 2nd and S. 3rd Streets and S. 4th St. at Wells Ave. S. On another topic, Mr. Johnson reported that the State is not going to construct a sound barrier when I-405 is expanded. He pointed out that traffic noise from 1-405 is emphasized due to the way the highway is constructed in the Renton Hills area. 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 10/23/2006. Council concur. 10/23/2006 Appointment: Library Board Mayor Keolker appointed Heather Nugent, 1717 Lincoln Ct. SE, Renton, 98055,to the Library Board for a five-year term expiring on 6/1/2011. Refer to Community Services Committee. November 6,2006 Renton City Council Minutes Page 376 AJLS: East Renton Plateau Administrative,Judicial and Legal Services Department recommended approval PAA, King County of an agreement with King County regarding the East Renton Plateau Potential Annexation Area. Refer to Committee of the Whole. AJLS: Potential Annexation Administrative,Judicial and Legal Services Department recommended approval Areas, King County of an agreement with King County relating to the potential future annexation of four of Renton's Potential Annexation Areas. Refer to Committee of the Whole. Community Services: Ivars Community Services Department recommended approval to allocate Contract Unanticipated unanticipated revenue in the amount of$38,760 from Ivar's, Inc. (as per Ivar's Revenue Allocation, Holiday contract with the City) to supplement expenditures associated with the holiday Lights lights program. Council concur. (See page 378 for ordinance.) Community Services: Park Community Service's Department requested authorization to increase the park Fund Budget Increase, Staffing fund budget in the amount of$35,000 for intermittent parks and recreation Expenses staffing expenses. Refer to Finance Committee. Court Case: Patrick Gress, Court Case filed on behalf of Patrick Gress by Peter T. Connick, 157 Yesler CRT-06-004 Way,#518, Seattle, 98104, requesting removal of forfeiture proceeding to district court and return of plaintiffs property seized by the Renton Police Department on 3/23/2006. Refer to City Attorney and Insurance Services. Development Services: Development Services Division recommended acceptance of a deed of Meadow II Short Plat, ROW dedication for additional right-of-way at Meadow Ave. N. to fulfill a Dedication, Meadow Ave N, requirement of the Meadow II Short Plat. Council concur. SHP-05-157 Development Services: Development Services Division recommended acceptance of a deed of Windstone II Short Plat, ROW dedication for additional right-of-way at Mt. Baker Ave. NE and at Nile Ave. Dedication, Mt Baker Ave NE NE to fulfill a requirement of the Windstone II Short Plat. Council concur. &Nile Ave NE, SHP-04-124 Development Services: Development Services Division recommended acceptance of a deed of Windstone III Short Plat, dedication for additional right-of-way at Kitsap P1. NE to fulfill a requirement ROW Dedication, Kitsap P1 of the Windstone III Short Plat. Council concur. NE, SHP-04-136 Development Services: Private Development Services Division requested approval to allow private stormwater Stormwater Utilities in utilities to be installed in geologically hazardous areas. Refer to Planning and Geologically Hazardous Areas Development Committee. Development Services: Development Services Division recommended approval to permit wireless Wireless Communication communication facilities in residential zones within public rights-of-way. Refer Facilities in Residential Zones to Planning and Development Committee. Annexation: Aster Park, Economic Development,Neighborhoods and Strategic Planning Department Sunset Blvd NE submitted 60%Direct Petition to Annex for the proposed Aster Park Annexation and recommended a public hearing be set on 11/20/2006 to consider the petition and future zoning; 19.85 acres located along the south side of Sunset Blvd. NE, west of 148th Ave. SE. Council concur. Annexation: Hudson, Benson Economic Development, Neighborhoods and Strategic Planning Department Rd S& SE 168th St recommended a public hearing be set on 11/20/2006 to consider the proposed Hudson Annexation and future zoning of the 13.69-acre site located in the vicinity of Benson Rd. S. and SE 168th St. Council concur. November 6,2006 Renton City Council Minutes Page 377 EDNSP: 2006 Neighborhood Economic Development,Neighborhoods and Strategic Planning Department Program Grants reported submission of grant applications for the 2006 Neighborhood Grant Program(second round)and recommended funding one project and six newsletters in the total amount of$4,485. Refer to Community Services Committee. Finance: Joint Purchasing Finance and Information Services Department recommended approval of an Agreement, City of Bellevue interlocal joint purchasing agreement with the City of Bellevue. Council concur. (See page 378 for resolution.) Finance: Bond Sales Finance and Information Services Department reported the firms selected to Assistance, Firm Selection assist the City with bond sales as follows: Negotiated Bond Sales - Underwriter, Seattle Northwest Securities; Financial Advisor, Piper Jaffray; Bond Counsel, Preston Gates & Ellis; and Competitive Bond Sales- Financial Advisor, Seattle Northwest Securities; Bond Counsel, Preston Gates & Ellis. Information. Plat: Cherie Lane II, S 34th Pl, Hearing Examiner recommended approval,with conditions, of the Cherie Lane PP-05-147 II Preliminary Plat; six single-family lots on 2.84 acres located at S. 34th Pl. and Wells Ave. S. Council concur. Human Services: One Night Human Services Division requested a briefing on the One Night Count of the Count of the Homeless homeless to be held on 1/25/2007. Refer to Community Services Committee. Legal: Pawnbroker Daily Legal Division recommended approval to allow pawnbrokers to submit Transaction Requirements electronic records of their daily transactions to the Police Department without the necessity of providing paper records. Council concur. (See page 378 for ordinance.) Municipal Court: Security Municipal Court recommended approval of a contract in the amount of$59,112 Screening, Olympic Security with Olympic Security Services, Inc. for court security screening services at Services City Hall. Council concur. CAG: 01-071, Maple Valley Transportation Systems Division recommended approval of Supplemental Hwy Improvements, Perteet Agreement No. 7 to CAG-01-071, agreement with Perteet, Inc., for additional design work in the amount of$68,250 for the Maple Valley Hwy. (SR-169) Improvements Project Phase 2. Council concur. Utility: WRIA 8 & WRIA 9 Utility Systems Division recommended approval of interlocal agreements with Salmon Habitat Plan participating jurisdictions regarding the implementation of the Water Resource Implementation, Interlocal Inventory Areas (WRIA) 8 and 9 Salmon Habitat Plans for 2007-2015. Agreements Estimated nine-year cost is $205,722. Refer to Utilities Committee. Utility: Public Works Utilities Systems Division recommended approval to revise the public works Construction Permit Fees construction permit fees. Refer to Utilities Committee. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Community Services Committee Chair Nelson presented a report Community Services recommending concurrence in the staff recommendation to approve the Committee following appointments to the Airport Advisory Committee: Dina Davis Appointment: Airport (Renton Hill/Monterey Terrace neighborhood alternate representative) for a Advisory Committee term expiring on 5/7/2007; John Middlebrooks (West Hill neighborhood alternate representative) for a term expiring on 5/7/2009; Colleen Turner (Aircraft Owners and Pilots Association primary representative) for a term expiring 5/7/2009; and Richard Zwicker(North Renton neighborhood primary November 6,2006 Renton City Council Minutes Page 378 representative) for a term expiring on 5/7/2007. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chair Clawson presented a report regarding the King Utility: King County County methodology for wastewater. The Committee recommended that the Wastewater Treatment issue of the establishment of a King County rate adjustment charge to the King Stabilization Billing Category, County portion of Renton's utility bill be included in the overall budget process Utility Bills and be included in utility rate discussions. For 2007, the proposed rate adjustment charge would be set at fifty-six cents per single-family residence or fifty-six cents per 750 cubic foot of metered usage, or fraction thereof after 750 cubic feet, for all remaining users. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Development Services: System Utilities Committee Chair Clawson presented a report recommending Development Charges,UC-N concurrence in the staff recommendation to approve treating the UC-N (Urban Zone Center North)zone the same as the COR(Commercial/Office/Residential) and CD (Center Downtown)zones as it concerns the method of calculating, applying, and collecting the System Development fees. Staff is authorized to apply the fees accordingly in the interim and to docket the item for review and revision with the next fee update. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution #3839 A resolution was read authorizing the Mayor and City Clerk to enter into an Finance: Joint Purchasing interlocal joint purchasing agreement with the City of Bellevue in order to Agreement, City of Bellevue jointly bid the acquisition of goods and services. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and advanced for second and final reading: Community Services: Ivars An ordinance was read amending the 2006 Budget to authorize $38,760 in Contract Unanticipated unanticipated Ivar's, Inc. revenue to offset funding of holiday lights. MOVED Revenue Allocation, Holiday BY PERSSON, SECONDED BY BRIERE,COUNCIL ADVANCE THE Lights ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5226 Following second and final reading of the above-referenced ordinance, it was Community Services: Ivars MOVED BY PERSSON, SECONDED BY BRIERE, COUNCIL ADOPT THE Contract Unanticipated ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Revenue Allocation, Holiday Lights The following ordinance was presented for first reading and referred to the Council meeting of 11/13/2006 for second and final reading: Legal: Pawnbroker Daily An ordinance was read amending Section 6-17-3 of Chapter 17, Pawnbrokers, Transaction Requirements of Title VI(Police Regulations) of City Code by clarifying the transmission requirements of the pawnbroker's daily record of transactions. MOVED BY BRIERE, SECONDED BY LAW,COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/13/2006. CARRIED. November 6,2006 Renton City Council Minutes Page 379 NEW BUSINESS Council President Corman opened nominations for 2007 Council President and Council: 2007 Council Council President Pro Tern. President Election(Nelson) & MOVED BY CORMAN, SECONDED BY LAW,COUNCIL ELECT Council President Pro Tern COUNCILWOMAN TONI NELSON AS COUNCIL PRESIDENT FOR 2007. Election(Law) CARRIED. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL ELECT COUNCILMAN DENIS LAW AS COUNCIL PRESIDENT PRO TEM FOR 2007. CARRIED. School District: Activities Councilwoman Nelson relayed the Renton School District good news announcements, which included: the City of Renton's completion of work to heighten awareness of drivers and make the streets safer in school zones around Highlands,Kennydale, Sierra Heights, and Talbot Hill elementary schools; and the recognition of 54 Tiffany Park Elementary School students for successfully completing personal goals in summer reading programs. AUDIENCE COMMENT Inez Petersen, 3306 Lake Washington Blvd. N., #3, Renton, 98056, announced Citizen Comment: Petersen- that the Highlands Community Association is considering holding a Christmas Highlands Community dance,and she asked for a recommendation of the best facility in Renton. Association Dance EXECUTIVE SESSION MOVED BY CORMAN, SECONDED BY NELSON,COUNCIL RECESS AND ADJOURNMENT INTO EXECUTIVE SESSION FOR 45 MINUTES TO DISCUSS POTENTIAL LITIGATION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 8:49 p.m. Executive session was conducted. There was no action taken. The executive session and the Council meeting adjourned at 9:40 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann November 6, 2006 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING November 6, 2006 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 11/13 Highlands Task Force Update (Corman) 6 p.m. COMMUNITY SERVICES MON., 11/13 2nd Round of Neighborhood Grants; (Nelson) 5 p.m. Appointment of Heather Nugent to the Library Board; One Night Count of the Homeless (briefing only) FINANCE MON., 11/13 CANCELLED (Persson) PLANNING& DEVELOPMENT (Briere) PUBLIC SAFETY (Law) TRANSPORTATION(AVIATION) (Palmer) UTILITIES (Clawson) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. lty • City of Renton PUBLIC INFORMATION HANDOUT November 6, 2006 STREET VACATION PETITION VAC-06-004 For additional information, please contact: Karen McFarland; City of Renton Technical Services 425A30.7209 DESCRIPTION: The City Council will hear a proposal requesting the vacation of a portion of Field Ave NE (formerly 140th Ave SE) right-of-way, approximately 30' in width and 60' in length. The requested vacation area is shown on the accompanying map exhibit. SUMMARY: A vacation petition was received on August 17, 2006, from Matt Cyr, ESM Consulting Engineers, on behalf of Timothy Lindberg and Jennifer Lindberg. The portion of right-of-way included in this petition was conveyed by Paul and Lois Lindberg on April 17, 1987. The City has no facilities in the area of this vacation. The petitioner plans to use the requested vacation area in the proposed future development of Magnussen Plat (LUA06-053). As established by RCW 35.79.030, the street vacation petition, if granted, must be approved by the City Council through ordinance after a public hearing is held. The City shall receive compensation in accordance with RCW 35.79.030 for the vacated right-of- way. The ordinance shall be recorded with King County once it is in effect. girt' Vicinity Map Street Vacation VAC-06-004 Petitioner: Timothy and Jennifer Lindberg • "••=1 ...\ II, 1 ._ . ,________J . /, .\____ --- -, , NE 4th St " 1 I W Z w d ' Area of Vacation Request ..._... rir , *441 E 111 ---Th .Q NE 2nd St (former , SE 132nd Sf.) je 1I I 1 rt-t-1 I < (---/ I \-----1 / I Vicinity Map I'll , 0 300 600 1 :3,600 ,.. Technical Services Plannina/Buildiax/Public Works '441111) _ 10 ilV and r+ October S1, 2006 Public Hearing on VACATION PETITION VAC- 06 -004 November 6, 2006 Re o LOCATION 'LL,5ri" �r `r L�rr LOCATION .pull 1111111e %pa aim t iii MI anor = Eg 1=. s______ X :14."I.'= LMI ��1�1����II ►I//illi 1 ■:.7.. ..� 11 (111■■ ran r in in,A vitmoisII� ■i: !� m! I r ILL 0 (.1'2 min UM — mi arniiMMt- an — ionI■.I■ .titi-,-.,..:r NMI - :: �� J 111111111111111.r ■ in 1 MI ■■■1111LL--i 'lla an . ; it i EE:: ■i .i oNML_ 2 III 4..... a , „,,,, N. im--mmin �1�1111 ��1 N••� Immo. .111111i IMIND IS ! ■L������ ip. inn IN mil EN En = oral '- rOk - ' , num -.' vArt: , e VIM _ : am %um a - g, $01411111 JIIU "WI a r11111111 UMW. rn. .i ► own A .1111:11FE11111 MI LOCATION ‘,. ,„ -r Q ' ^i 302-- < > s _!!.g. _ -2n . ....._.. •__ LOCATION " FNM I 01 E 41 1 anaiiii 1 . i m , , li - , 1 aimeamii 1: 1 11111.11111111111 I 1 ., x., 1 , I_ -- -- , .7'5 •••*,„i ,-',..::-, ,.,,,;,,%ii ,'-`,.-;i.:4i-, ',!". ,*,,,?:, LOCATION . .,,,:..., , ... . , -,:. ‘,..';:i,',,,:. • . , ,:..,, ,;;;,,,;F.,,;-,,.;,,,;;;7 .''.". ';,-.."t"Int', . . . . '.... ,.-- . .. . . ..... ..,. , . ,...,.. ...„....... ......„..,,.,,,,...,„„.. .„,,,,..,.„,,,,..,,,Iii ,,,,..„,„,.. .... ,,. ......,....,..,..,,..„.„,,,,„„ ...";,',,,..A.,,, • -,,, , , .. ,,,.:::,!,..,,,. t.,3*.*:',1:::,1.0t5:-.,:i„',..:".,-,..E.,tp>.-.7.,-;„',„,::<`A.,;"•/4,:::,,:n, '.-,'",,..'''-'''`.•' ,•.'''T":('''' ', , , , - ; . • . , ''', . -,;,,, ,:.", '''.....,•,- .,;.:,4; . . •-, - - , ,';‘,---„„ ,,'','-,,,'',),'4'i,'''' '',.' ::;,,. ' '-'-":::',,' "f;;;;;;; ;',14,11';,;-'?";; ;It.-:?-'-',':--- .1 - • *i::1:4 -t-z41 -,:' ''.*i;i.;'-' .,;-,,—,, 10-;iz‹..;*;„.-',4±,-,,,'=,2„, **•, ,!.,.../.'z'11%.,..,.: ,,4,,,t,:„.1.-. _ ,-!,:; „ , ,...--4,n:7,,,Fi-----1, 1.-- .,',2,1_4'•- '''.4:4L '',',-44k ,---4 .._ *i. .1,,,,.. .,,,,,,-: =1,4',.:...-.;.t,g,,-4..7.." -. --- ,r,... _- , ..-• , -..... -: , ;:q-,...,;,.'",,..--''',,,-.-,,,,-.4.:?'-.,4,., .-7..,. TI,.._ _,--'" -....&—.' '''-,::: .:..4..-,,:'•,:-. ---t.;- . , •- tt - -.''' '''' .., . ''''' ''',171''''',.'i'''-..<;:c,';';':4:'...t:,::*;.,,,,t6 ,. .7'.Z,17.:-:',-,•ii- ::' "ir-.9,440:7:'• --,,,r-i':,;,,',,i;,„1*,,,"2:1.;::. ' Irti -ilikk, , , ,., ,‘,.7.,',.7-`..-„fr:,:•, -.'....r.'../..,,-;.7,;.• ::*:,',;.",:.,';':,':::4:',:,' ' :!..:t. :',..,`4:''„,,lat,'„,:::4Ff:r!..;r:,..:4,4,4itt ..-;''''''. '''?/,40,,,'.4i,,.*,:.:;11.11.'‘';',‘1!t'.*-ii,-.,:li ih.7,--,.- ' ''"'-'', -,0''''''.4 "1...14c,i,-,14'.''''. . '4.:;,',`-•,;;:! 1 '. :-..-'-,'-'Y''.. /:": ,..., ,'''.::,,b'ef t,,1 ;c•-ti;i1,7.k:::':!4';',i,'*:'.:7'i,....',..,''''''•',;;`,7:"\*r,:,-,::'''..;;;7',.7.:4.-1'''''I's — ,.7,•., ,,,,1,,,,,,,,, ,.: '.,.'",',.';',z,..—„-'1,c",*:::, i'llf.ti'o...1,..' ' ,, ,•::'":,-:-'''1`..i"1.44‘4 ' '''''''...*;:, "',1::*ii 3'.4'..r.*''''', .7.,*'''„4: '''1,''•17"''',':;.. '•!te-,'s",r''''*4;: :n., ,:, , ''' re,"•*-%,:.` ' ''''' ; :'''''',/..i''-:4\7z-,!1:., ,'407_,:".. „:k ,I ;. - ',:,;t7:9",..--*t''‘''*:;:i.;,* ...).,S."t`',.`v ,;•— ' ' ' -'' ,1. .tvz...,,,:'4,1!";',“:40:4;'/,--- :- , ' .•-: . vi.ms$.',..1.4,:.t‘', ,„..i '..,..;, .."*';'.:',...,',, ' --'-.--A” •n- - -i ' ,,Ytti4",‘''...', '' ' '''-',%'-' ":'It4;», A- ;t*,,,...t,',.1rP•4`,.`,..„1,, :,*,„S.k, .,,..• ,....,..%... 'l,r,.`;',"41,„.......,,,,,: ' 4''-..,.' ;.•..,,:':4,,,:„*.v.'r -., ' ,,‘ 4'''''''' - 4'1, 'A'.3, -- ' ''''- '''' ''''' .V 1'414- ''''''''' '''''4 +'•" ,.. ', :: ,:,,;i,':.t.c*:;;.," ' t''..''4.f.*"..,r.•,'0..4., , .');;',...:,* ' ;' ',#,',f.:"si '-i,-- ,,: - ,,,t.:.;ii -,.-.,,',,.,,,-, ,".•,,;.''.':,I,.,f!' ,.,--':P:', .' -1''':;: '' "t.s,'441 ,"`.'''',:',1'71.,:r.i.'3'4*".f-,:.•.4,, - ,„..::4 .' i.,-/.”.11.t.-..,,; •;_`.:,`" ":'•'.t1,1!‘.,;?1';;!,...",,,',1,!-111;;*,4,:y" 1 .‘,2,y;,,,;.,..",,if::.,T.:1,.,#:-:-, •,:::,.3.:' -' 4, ;,._.,''''''...';,l'• , i,';'',,,;,,;''lt*'4::1'••' ..t:'.-.'* l'*.,;-:::.,,‘,•%,%4•''''' BACKGROUND • Right-of way conveyed by Paul and Lois Lindberg on April 17, 1987. • No City-owned facilities in requested area. BACKGROUND • Petition received August 2006 • Pursuant to State and City Code, more than 2 / 3 of the abutting owners must sign the petition • 100% of abutting owners have signed PUBLIC BENEFIT • Request associated with of proposed future development of Magnussen Plat (LUAOG -053) . • According to the petitioner, the public benefit would be to allow for this development. RESEARCH / SURVEY • Vacation request was circulated to various City departments and outside agencies for review • Of the departments surveyed, no objections were raised RESEARCH / SURVEY Internal Review Comments • Transportation (PBPW) — No objection provided that the south 30 feet of this area remain right-of-way. O n 0-3 Duvall Ave NE Q z ice. 49,H Z 1 i I RESEARCH/ SURVEY Outside Agency Review Comments • QWEST has no facilities in the requested vacation area and has indicated that no easements are needed. • To date, PSE, Comcast and Electric Lightwave have not responded to the City's request for comments. The Planning/Building/Public Works Department recommends that Council approve the request to vacate subject to the following conditions: s( Vacation area be amended to include only the north 30 feet of the requested area ✓ The petitioner provide satisfactory proof that outside utilities have received and are satisfied with any easements, which are necessary to protect their facilities in the requested vacation area. ✓ Compensation be paid pursuant to Renton Municipal Code. NEXT STEPS If Council approves this vacation petition: • Petitioner orders and submits an appraisal; • Staff reviews the appraisal and returns to Council so that compensation can be set. -Mk • i A. 16 IIIII6 1 VI I 411 * /* •, .' A i li 'V Moving Renton Forward , .I = 4 .6. , ,..... . - . ..:, Public Hearing Immiem Preliminary Budget/Revenue , r 11111 it'i •r(..:'iI 1 ill' ...k..NAIIIIIIIIIIiiin November 6,2006 ....,. . . if11111, . f.A.i- ti NR#7.41 Ili i 1 mg poikei• mi For more information '"-----,--,—...„ www.ci.renton.wa.us i Ilikh. -If 11111 City Account Structure 111. ;NI [ City of Renton ) 4111I [ Government Rinds ) [ Floprioury Funds ) Debt Serowe Projects '—iia61--' SeMice , 1 Govenunent Fu A. 1.1.ids Funde Fields i * r Ill .,mit - 0)mired Fund 3 m. ''1=1 ] Untanned .., ..•s..ii,,,,o. utii... GO Debt -Funds 3 —•''' 3 i SquiPttund 111 ism Cormausity Leased ..,' PrP:"otif —Wated,Sewor _,.Infommtion Properties Nanette Atm 1 i Ng ,_ CDS)** HotelOdmel ... ,. IF i t 1.11111 Count Fund '— Fond ''..TM."'" Weted Sewer Almeria,. )11 I=II 'Street Fund 3 Nth.'" S.Enke 4 Water/Sewer) /1 't 111 "4: Ill —:Ubtury Fund 1, .1 MI i _ Umitedt) I: l'eub.,41:e... F I. Onbo iiii —p"I‘FM "nd 3 .— Warbington Infragummwe .. mr., Debt:vice Solid Waste 3 I I III .4 GobtCn000 3 $46111 2 City of Renton-2007 Budget Public Hearing 1 {�� Revenue — By Type X11' .ill 1, irl All Funds k, IN ■ 1 Miscellaneous Property 411 11111111111111 Sales 14%_�""`- Taxes 1��� ► `-` Utility 3996 i7 I�g Charge for Service 7% r� all% s '' " Gambling �tt '. 'i� 2% A Other Governments I '`. Other Taxes x: A License l Permits -- 3% I Ill iii IA rill Pi i II WI II 3 ' City of Renton-2007 Budget Public Hearing i m� Revenue — By Type I, t �i !�4 General Government N i hmt Properly r 1111 Miscellaneous ° 1 9% 111111111.111111 1III! Charge for Service --_ *; A I,Mg5% s, Sales Taxes 1111 ;III Other Governments r/- ,J 1 .I MN 4% VI \ License I Permits ilifA .. Other Taxes Gambling Utility 5% 14% ll ��tet fl ' 141111 4 City of Renton-2007 Budget Public Hearing 2 i , I ii, General raBlhuedgNet -U:112 1 o.8bers ' i I ,iTotal mill ion !hit Y. II ,1 Internal INN Funds Gov't v .1 MN 9% 37% Community Services Streets 11 ' agog , " .‘o' trt,: <4.:4 ••••---- Pl.°'- City 11 31`)/0 Services Debt II} 1 im Special Police 8% 1 4 I MO * Capital Pits Revenue 25% 26% 1% Last year capital projects were 14%of total budget Mill City of Renton-2007 Budget Public Hearing , li kik I I km ii. ill" Property Taxes 1, iPrI ,;i ,4 ' irk • Limits: 11 Iriamil — $3.60 per $1,000 of assessed value !=.. MI — 1% increase on amount for existing tax base (plus annexations, new construction) r '111. lin • Note: Implicit price deflator limit still applies ti 'III • Who __. ti 1 ,i I= — County assessor verifies tax role Il ,1111 — County treasurer assesses the tax i I ii in6 City of Renton-2007 Budget Public Hearing 3 it 1111i Property Taxes 1, IAT±. 1 a .` 'Mk • Assessed Value 1, tAiNge I,,, ■! • Levy Rate 1111 ,1.1. 11111 • iii. MB Property Tax °'a A 111 — Subject to 1% increase (on tax) , Al • Plus new construction II F► iii ill 7 City of Renton-2007 Budget Public Hearing iyii . i Property Taxes it! R� Where does the Property Tax Go? t II i •��t 34% T 1111 0 County IN ■State-School 7) 0 School Dist. II' mg . t 27% 23% City Gen. 14Akii: ID■City-EMS i ■ 111 li:t ( 12% 4%,.,. iii - 11 8 City of Renton-2007 Budget Public Hearing 4 ji4r1 , it Property Taxes !,i I ,i ►ri • Assessed Value Trends k I 8,000,000,000 Changes in Assessed Valuation ,i' 7,000,000 000 '' • 6,000,000,000- iv 5,000,000,000- -?f 4,000,000,000- - 3,000.000,000 f 2,000,000,000 Average annual increases for pastdecaile exceeds-9°%. -. r, i 1,000,000,000 -f 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 16 i in NI i.1 9 City of Renton-2007 Budget Public Hearing ) illProperty Tax Mechanics (`i • r 2005 2006 2007 2008 - .•1 Property Taxes Actual Forecast Forecast Forecast 11S .1Assessed Values 6,476,973,084 7,163,861,699 7,522,054,784 7,898,157,523 1 Levy Rate 3.1245 3.0386 2.8105 2.7035 l Base Tax Levy 20,724,400 20,931,644 21,140,960 21,352,370 l'j (Rate of increase 100°1°;.. - ,1:t 0% ,110 0 'i New Construction 311,710,459 300,000,000 200,000,000 ;;1Annexations 13,599,794 79,000,000 150,000,000 I'�Total Tax Levy 21,011,539 22,407,820 23,625,663 24,873,515 '1.ii Total rate of increase 6.65% 5.43% 5.28% Ia I �lil 11 10 City of Renton-2007 Budget Public Hearing 5 ilk If. ,lr. Property Taxes l,! R`� t Total and City Property Tax Rates in Selected King County Cities Mercer Island I Seattle_ ' ' I ' New Castle - I Maple Valley I I Bellevue I - I 1,1.1 Issaquah 1 t Kirkland I $ 269,800 home I r Kent I Federal Way ! II Redmond_ I Tukwila 1 Auburn Covington' I Based on average values SeaTac I within each community 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 Fl MilIIIt' 11 City of Renton-2007 Budget Public Hearing 1' k`;err i Sales Taxes 1n: 14 City tax rate is 11. .85% of total cost of taxable goods a Rate 11! 0 State 6.50% 6.5 . : < ;.x. :.-. •Cay .85% , `x ❑County .15% � � +" City. 0.85 tatC ;'' ❑Metro .60470 "* . 0.6 m Transit 90% It, ■RTA .40% 1 f 0.15 ei Criminal Justice .10% l. .,„ 0.033 1 o Stadiums .33% I' 0.2 I. Il pi 1 ,I .. .IuI 12 City of Renton-2007 Budget Public Hearing 6 IrV i1. 'Ili Sales Taxes 11! jar-4 Total Sales Tax Receipts 22,000,000 - 20,000,000 - 18,000,000 - 16,000,000 - 14,000,0004314 Growth over ten years . 12000,000 - 10,000,000 8,000,000 I - 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 rill Anticipating 5%growth in 2007 1 13 _ City of Renton-2007 Budget Public Hearing Ilk r I" Sales Taxes tN i 11 A INfilk Sales by Sector r;iINN 6% 6% ❑Electronics II o ■General Merch. f hi� 28o/o 7/o o Furniture in lirl 11°/ 1 0 ❑Services ii I�� ■Other General Retail I 5% o Construction - 23% 14% a Automotiw I■ 0 Other Categories WI i JLuIII II 14 City of Renton-2007 Budget Public Hearing 7 I i. NN ' Sales Taxes 1 . jpr Change in Sales Tax by Sector Il 1ii 3,000,000 2,500,000 ■YTD Aug.06 is, i�, ❑YTD Aug.005 iiI „ 2,000,000 1;# POE 1,500,000 Iv 1 1 000 000 �I3; III 500,000 1 _g I I I I I . f'. 2 m oa 4 I 2 E Ell ll I N ` w N L O i < f I. i t7(MI,I IllI�11 11 15 City of Renton-2007 Budget Public Hearing 1�` ilit. e�ll Utility Taxes ,,, Utility Tax 12,000,000 1 10,000,000 ®Natural Gas 11:° _ ■ 0 City Utilities , 8,000,000 ■Cellular Phone if 6,000,000 ,�■®■®■�■ ■- 0 Telephone F'j 4,000,000 ,�■1■�■�■.■� oN Cable li ■ ■ . ■ ■ ■Transfer Station i. 2,000,000 j u®.�.$.®i ■' ❑Electricity 0 'i 2002 2003 2004 2005 2006 2007 iAi mi No Fiallid 16 City of Renton-2007 Budget Public Hearing 8 �1 �I Other Revenues i,,.i p \,j • Numerous assumptions made regarding I. i� City revenues I'. 'Inn • See the budget document for details ! yr ilii on-line at www.ci.renton.wa.us Vi i\,I • Contact City Hall I"i hAY (ri s/ I' via li 11 f141111 17 City of Renton-2007 Budget Public Hearing 1 f ;ill Preliminary Budget Highlights i i'! !� ft` j a This Budget: r INe • Maintainsistin service levels 'IN. T existing I ! 1 111111 • Contains no new taxes 1; ll• • Uses reserves in excess of targets to �, I r pay for "one-time" items pi ,J I. • Keeps user fees up to date i ill MMM 18 City of Renton-2007 Budget Public Hearing 9 At eil: ftill " Preliminary Budget Highlights ,, iip:• .;i 4 i NM This Budget: AIN N �► ll . � " • Does not anticipate or fund large annexations lir 11111 - Maplewood Annexation included—East Side is not ry ihmg Al • Increases Human Services Funds to 1% of budget V VII • Expands Aquatics Programs 1j)11 'I • Restores staff support to maintain services h 1 II 161 LH 19 City of Renton-2007 Budget Public Hearing I. I Preliminary Budget Highlights !: I t s Department Position Number s{ City Clerk Records Clerk 0.5 !Mt New Positions Fire Emergency Management 1 in this Budget: Administrative 1 Library Librarian 1 ,t I ma Parks Parks Maintenance 1 t I■IParks Capital Project Manager 1 Finance Investment Analyst I L i�� Human Resource Administrative 1 ;!1 I 1111Personnel Analyst 1 Streets Maintenance Worker 1 i '111 Building Construction Inspector 1 i f Police Jail Transport 2 t III Police Officer 2 IUtilities Maintenance Worker 2 tpi ll Solid Waste 0.5 Information Svcs Help Desk 1 I III TOTAL 18 WI 20 City of Renton-2007 Budget Public Hearing 10 1 ��i The Numbers it Ir i .� � Total City Budget Ilia .s G''t Actual Budget Proposed Change I Revenues 154,770,339 165,530,992 186,351,036 13% 1i Expenditures 152,398,073 171,505,450 210,861,478 23% if Fund Balance Jan. 1 74,838,267 77,210,533 71,236,073 j.y Fund Balance Dec.31 77,210,533 71,236,073 46,725,631 Mi e of fund balance for capital improvements 21 City of Renton-2007 Budget2006 Public Hearing 2007 t L The Numbers 'l! ! General Government ft ;. ikint ,' % Zoos Actual Budget Proposed Change Revenues 70,699,700 72,974,282 80,356,649 10% Expenditures 71,073,919 72,945,229 82,592,418 13%IFund Balance Jan. 1 10,967,848 10,593,629 10,622,682 Fund Balance Dec.31 10,593,629 10,622,682 8,386,913 i note:one-time expenditures of$401,069 in General Fund 1 transfer of fund balance to Capital Improvements Fund($1.5 million) ■ I i I. 22 City of Renton-2007 Budget Public Hearing 11 i I ;r� The Numbers ii ii '®1PFt Capital Projects � ti 1 1 'f 2005 2006 2007 % 5,i i Actual Budget Proposed Change f General Government 2,809,720 3,177,000 5,050,497 59% __i, (Transportation 7,300,791 18,283,700 36,416,027 99% t`Utilities 9,743,662 11,615,000 13,705,000 18% Other 1,511,871 3,067,556 3,401,432 11% ., NOTAL 21,366,044 36,143,256 58,572,956 62% N i �l i i 11 23 City of Renton-2007 Budget Public Hearing The Numbers il /10111 i ,;f ..t; Utility Systems 1- • Add 2.5 employees to maintain service if lII • Comprehensive review of rates this summer 4 16 • Moderate rate increases proposed for 2007 1 /LIMN Increase(oar month) 11:1 NCI • Water = 5% $1.28 t+iA(, • Waste Water = 5% $.70 ►" 1® • Storm Water = 3% $.1F6 i A. I win 24 City of Renton-2007 Budget Public Hearing 12 From: Bonnie Walton 449Rao To: Eileen Rasnack Date: 11/6/2006 4:35:14 PM Subject: Re: 07 budget public hearing comment Thank you for your email. This will be made a part of tonight's budget public hearing. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Eileen Rasnack" <EileenR@ccsww.org> 11/6/2006 3:45 PM >>> My name is Eileen Rasnack. I am the program manager for Volunteer Chore Services, a program of Catholic Community Services, located in Bellevue, Kent and Seattle offices. Thank you for your past support of Human Services. Through the support of the City of Renton, Volunteer Chore Services has been able to mobilize community volunteers to provide supportive services for seniors and adults with disabilities to remain independent in their homes. VCS specifically works to provide services to those not qualifying for state paid services and who do not have the resources to pay for services. 90% are living at 30%or below the median income ($1,375/month). Well over half of those served by VCS have a monthly income that is significantly under$800 a month. It takes partnerships at all levels to mobilize the community and meet the needs. VCS works with local faith communities, businesses, schools and civic groups to coordinate services. A woman who received help recently from a group of volunteers mentioned that she had given a lot of her time to volunteering and now that she was too frail, she was touched that others were there to help her. As the needs of those aging in our community increase, more services will be needed to keep people living as independent as possible for as long as possible. VCS can continue to do that work through partnerships with community groups, residents and other agencies and providers in the community. In this way we can ensure that Renton residents are connected to the services they need to be self-sufficient. I would urge the council to support the Mayor's budget proposal for an additional $157,000 in Human Services grants for additional projects as recommended by the Human Service Advisory Committee. VCS appreciates opportunity to partner with the City of Renton to meet the needs in the Renton community. Eileen Rasnack, Program Manager Foster GrandparentNolunteer Chore Services Catholic Community Services 12828 Northup Way, Suite 100 Bellevue, WA 98005 425-284-2235 /lithe; • /1- 4-2006 From: "Elizabeth Goretti"<egoretti@valleycities.org> ar az) ael,nt,42 b. To: <Dutecht@ci.renton.wa.us> Date: 11/6/2006 3:54:55 PM keeedifef 01007 Subject: Proposed Addit. Hum. Svc. Funding Thank You Dear Diane: Please submit the following comment for the November 6, 2006 Public Hearing at the City Council meeting: On behalf of the Board, staff, and consumers at Valley Cities Counseling & Consultation, I am writing to say we are very pleased that Mayor Keolker has proposed additional funds in the Human Services budget that will allow funding for Valley Cities' Homeless Outreach Services Program. We want you to know that the need is out there. Increasingly, families in Renton are enduring homelessness. We also want you to know that Valley Cities is committed to providing interdisciplinary healthcare services to these local families and to creating conditions in which homeless families are able to address their personal circumstances, obtain the treatment and services they need, and gradually acquire the confidence and stability to reconnect to their own communities of support and care. Although we are unable to attend tonight's meeting, we wish to express our thanks to Mayor Keolker and the Human Services Advisory Committee for the recommended funding. We look forward to working together to serve the citizens of Renton. Thank you, Beth Goretti Grants and Program Development Specialist Valley Cities Counseling &Consultation 2704"I"St. NE Auburn, WA 98002 (253)876-3423 egoretti@valleycities.org www.valleycities.org ****This message is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender. Thank you very much. CC: <pmoll@valleycities.org> Ptellalkalzae //-6-.4O1 From: Bonnie Walton a'r1,,dd r'^ c4'6 To: Robin Corak 43,44,/owe? Date: 11/6/2006 11:14:06 AM Subject: Re: 07 Budget Public Hearing Comment Thank you for your comment. Your email will be made a part of the public hearing record tonight. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Robin Corak"<robinc@multi-servicecenter.com> 11/6/2006 10:19 AM >>> Comment from: Robin Corak Employment& Education Program Director Multi-Service Center 1200 S. 336th Street Federal Way, WA 98003 I would like to take this opportunity to thank the council for all of their hard work in regards to making funding recommendations. I know that it is difficult to make funding selections as there are so many valuable programs serving the city of Renton. Last year, the Multi-Service Center served over 2000 Renton residents with a variety of needs including employment and education assistance. For the past three years, MSC has been proud to offer Renton residents employment and child care assistance through our contract with the city of Renton and through our partnership with Child Care Resources. We are very excited not only to be recommended for funding for ongoing employment services, but also for first time funding which will allow us to expand our education services (Adult Basic Education, GED, and/or English as a Second Language)within the Renton community. The Multi-Service Center is very pleased by the potential opportunity to continue helping low-income Renton residents to progress towards achieving self-sufficiency and exercising self-determination. Thank you again. Sincerely, Robin R. Corak Employment& Education Program Director Multi-Service Center (253)838-6810 kol ��- - y, From: Bonnie Walton d� , 7.b. To: Lee Drechsel l ead -ade Date: 11/6/2006 2:50:35 PM Subject: Re: "07 budget public hearing comment Thank you for your email. This will be entered into tonight's public hearing record. Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Lee Drechsel" <Lee@dawnonline.org> 11/6/2006 2:36 PM >>> To the City Clerk, City of Renton: On behalf of the Board of Directors and the staff of DAWN, I would like to thank the Human Sevices Advisory Committee for their recommendation to provide $14,000.00 to DAWN to support its comprehensive contiuum of housing services to help adult and child victims/survivors of domestic violence stay safe and move from crisis homlessness to permanent housing, thereby decreasing the likelyhood that they will be further harmed and/or spiral into poverty. I would also like to thank the Mayor for further recommending $3,000.00 in funding to enable DAWN to continue to respond to over 9,700 calls annually from victims of domestic violence, family, community members and professioal providers who are working to end the terrible cycle of domestic violence. Thank you again to the Mayor who has recommended $4,000.00 in funding to support DAWN's bilingual community based domestic violence program which offers one-on-one client advocacy, legal advocacy, Spanish language support groups and community education. I respecfully rquest that these recommendations for funding be included by the City Council in the 2007 Budget for the city of Renton. .Respectfully submitted, Lee Drechsel Lee Drechsel, M.C., CFRE Interim Executive Director Domestic Abuse Women's Network (DAWN) direct line: (425)656-4305 x 251 email: leedawnonline.orq Fax: (425)656-4309 P.O. Box 88007, Tukwila WA 98135 "Providing domestic violence services since 1980" Y O EAST RENTON PLATEAU PREZONING PUBLIC HEARING COUNCIL CONSIDERATION OF THE EAST RENTON PLATEAU CITIZEN'S TASK FORCE RECOMMENDATIONS November 6, 2006 In November 2004 the Council adopted Comprehensive Plan Amendments (CPA) that changed the major land use designations for approximately 2,126 acres of the East Renton Plateau PAA. More than 1,818 acres that previously had a Residential Single Family(RSF) land use designation was changed to a Residential Low Density (RLD) designation. The former allowed densities of up to eight units per net acre and the latter allows a maximum of four units per net acre. In addition, the RLD land use designation allows two other zones with even less density. The Resource Conservation zone, primarily for sensitive areas, allows one dwelling per 10 acres and the R-1 zone allows a maximum of one dwelling unit per each net acre. Today, as this area faces increasing pressure for annexation, particularly along its western boundary with the City, staff is required to make recommendations to Council on the most appropriate zoning for these areas consistent with the Comprehensive Plan Land Use Map designations. Larger potential annexations such as the proposed Preserve Our Plateau %"'' Annexation (POPA) really put this need into focus. In the past the City has prezoned some of these larger areas in order to provide greater predictability for residents as well as to expedite the annexation process. In response to a need to provide future zoning predictability to the residents and property owners of the East Renton Plateau the City Council in September, 2006, appointed an East Renton Plateau Citizens Task Force to make recommendations on the what the future character of the 3.32 square mile area should be, how it would transition to the rural areas on the other side of the Urban Growth Boundary, and how it might be prezoned. Because of the pending POPA election on the question of annexation in February 2007, the Task Force was initially tasked with making recommendations on prezoning. Prezoning is the process of holding public hearings and taking public input on proposed zoning that will be applied to properties if and when they annex to a city, and in this case, the City of Renton. Tonight's public hearing is first of at least two such hearings required under state law. Council is being asked to consider the recommendations of the East Renton Plateau Task Force on the prezoning of the unincorporated portions of the East Renton Plateau at this meeting. An exhibit on the back of this handout indicates the Task Force's mapping recommendations. In general terms, the following prezoning designations have been applied to the following areas: Resource Conservation—proposed for the southwest and westernmost portions of the mapped area where there are designated steep slopes. • R-1 —proposed for the eastern and southeast portion of the mapped area. Also, for a portion of the northeastern area. '4100, • R-4—proposed for essentially the remainder of the mapped area. • R-8 —proposed for a small area(6.5 acres) on a western tip of the mapped area. A subsequent public hearing on prezoning this area is scheduled for December 11, 2006. Council Hearing Handout I I-06-06.doc\ LRural Area J T k .. ,. _ ` � ...��. - r ' ` R�+4 Rural Area ��,� L. } ' Rural Area t 2 42.2 .,,: City of Renton LeInl,,,. _ - Limits , , i ' NoR4 R-1 Rural Area t - k 21Th 9 Y 1 7" , Pah .tk._2, :} a R4 d L s .,. 4 Y. R-4 .,.a, =ar+tR R-4 R-1 rr ParkNr, L�ry L� RC - 4I. R-4 van y„ . R-4 _ R-1 ; . Rural Area City of Renton y = `, ._ Limits R-1 RC S, _ _ t gun Club '� Rural Area -' / Rural Area 0 1 o `� 450 I 70 Task Force Recommended Prezoning - East Renton Plateau E. ,ts,k , } NJk,eu�: &s , a,tay ire .i hnh9 hmmmma y ,: �wa:2a c. Limits Urban Growth Boundry 0 ,.,...2000..,:<. .r,..:x .> .._M,. � 1 : 24000 ; .ooo F S T.i 0 U , ‘0 , rata o „�, vi7 �, c3 • ^ o t ,, 1, - O a ° ; o c _ Vily."!'''',Tort..,„" nt� b y li WO O a. • • • f7 t = s c• r > a v ^ , c _1,f o�o u — d t o ,5: m m '.r '� '� Zm 7. .. c • • .:- w9 ' a.: ° - .: N O 7.7 i.). --. L O& g� �j � C x Gto — ::: v:: —: :271' 2 • . t M Lc r, � xl i • East Renton iH\ PA1 UGBip tit d 'td .:' s`= n; t Existing County _ �OTlln,' saw r ,a ca ;:`,,t-,...c4.0:,,!4 a n e jai .t + a ar"y's ,, 3. ', Yf4wa^ 1,a,c Size: 2,091 acres m 1_7 � � Fpi{ C s ,gyp o.i .1'1'''' rtr�3 -,1,,,, - - 4. ,:e4j c(,,,...•'--, --7,-4.r.,,,:.,,,,..,-, ig< . ,,, aAtatz, ',.,,,-T-1; :i, t4+tdP7, 87 ZSlllllle2t �sE.aeirrst7t �rs Ra _ v int �-; . .Parks: 85.93 acres — u .i . k 2. is ` Proposed Prmomemm. eserve Our Plateau Annexation County Zoning Map 7_ �_._. i Exi•sting Conditions Vicinity i •; k !r � 'Rx a z•/414 't !!iw` t" / _ ` s4 m , Character residents ,� " w ' .l' want retained tivith � ' ��� r l "'`'`'° future development ���1 PsiAnOli „,tt J.":, -........4 tr,F ' *t �iy ' 1 �t • YF Existing Zoning .7Az tVIsr_ x.ti, 1WkL 2ci V''.vr,n2 loo:ing northo.utat Maynvatd Middle Sehuul oil St I 44Street 2 cc) -0 ,._,.• ZI ,,.., ,,,.... .,....., _. ,.... = .... .1. :.-.. r.,, •,L ., =,..7... r.r., o - ,--, ,,,,„ = •-1 .., 1.9.:i''IP'- ,--. t-; .17-- :(:, w t•- ' ill ''- ':-.' '''' -• •••••,. c,. ,3 ,,„ 17, ... " — .., — or i ; ..... , _ . , ,,..-3 'F..., ,i ,... 0-, ..r., Mffirimatit -A _ ....4 2 s N - c LI -a' ,.,-, .,.. ,:.) -,t • mr.aada , .z.„- -,---. tlf1 f':. .C.; tr, br.) .= ...., c.-.., „.., .= ;:,..- .-,) .6...,-.11 5._ ,_, ,, Tb-7 i& 5 E . •-- C) c‘) 4 '- LW i ' 0 ca , •;.-..,, , 2 6 .,: r- r-4 if EllIWINE - -.S. ,-- .,-S .-S, " :- ,-_, ‹,.. 0 I Mk r.. <-1 ,....... ...... ..... •r- G.-, ,--3 .."-• ..1 rr ^5 "7 ..' 't .-. -0 -..,r, ....--- cc - ,......z.... '• .,,,, fp.r1 ,, Fi 16. 1.10j -4- =-- 2:: ,^1 --•---- g9- '''' -e'F- 4.-: .e• F.' •-• . •- -^ •-• oo.o•oo ,'-ol *' .o..: o= o o o o::....;*1) r,.H": ..•'i:...:3:77Z.,. I:::7>2:. :7411E'El-5::::-7::-'5:t'51;1 I it IP I r rid 6 I rh":4:*::"....'1.-!-.:1•An., •.1311:'.:e-j-;.sA' V)7r) r.7.2 ,--' •2-:-_-_ %.3 -11 --, ,...., ..- -zr., ‘.., 1 ..,... 0 t,14 ;-,. ,-.--• - .....M : -.77i Q ;,- 0 '7 ',1,- -.Ss -7 .---•-- :-.:.• (") — mrairt ir-dr, . ' , ti, a ,-...&- .; . -e.;.,-.. ,. .„. ... . sj.; .. I-- _ .... ati,,,c4- ,..... r.... '.., r.1 ."1. ,-• c..> fil.ra .c, G. ,..„ ,... ,.... "c.. ..., . .... A _ rj .1= •:., -, r, 4 --- '5 t...!..3 0 c '+ :,,,, ' ` 1.--viV4 ..' 1 .,.... - ii -,•-.....-- < F •,L,-.-0 - -' trj 4-• .E '.;s, -6 •-,.; 2 ''.5 .7, = ....... -,,'‘, 10111!tk • -;-- .- , , , - 7-; ,•-i•= ti e•-• .-7.1 --,- - =,-,2 L'.'r-4 E p c.,,,, ,,..) c...) •- r- ,:',." -.1.*. 1-., E-- = •'*„..) '..c: ..___ ".k.-Z V] . . • • • • , :. ,,----- p. e.-.1.) •-'_ 011.`-,..' pi--. e.L.) = , •..., -'-' o -.... C.,.) ;.42,t7.' .. 5.`"• -,.---1 5 ..4 ... 7-.., ..L.,..- ra ,-,_-.-• ....., ..> tmr .1.-- '-.. 7.'4 ..... F.1) . , '-- (/) 0 ',',,,- . - ,.._ z.,.:. ,.. . r.T.; Cfst •E) L.: ,...•-7.:, . E../. 2 - c-• 1 _ . ,..ii _ - _ ^•• 47..: ih,. -, ta,) c.,3 -,--- . ',.',T,'., i -',4:. t^•() ‘j, ..... 7,1 cl, ;›- LI ...,-: ..-• lised-L-N,77.7', ,, ' .'2F,'''"",:- , ..„ ,z, ...:•... u, = Lo-, , „,...---- -.• , , P iE -t-'tl-';tif '''-:ic::Vp- r4 4 0 "-- --.; 7 .."-, ..... -..-• ,... --. "74 i , N g ,.,=.. E .7.P *' ' ' r jj....-4 ., ei.,.._ _ ,... . 4c-1'''" ••Tr,' ". '-'4 ,,_ '••• 7., ,-• - a :•1 0 4,..., .Z.: ,.- ...r. 0 . : mi.ts‘rt, .„.: .tA .,-,-. . ti.) ,„ ..,... ..,., .5.0 ,2 •,:e "8-.:-. 0 tr.) '_ 1 '._ „, --,:,7' 1 ,,,,- -,„,..„ .-'.-0 -;,0 .-:,. ,--, -,. c., ..7.....- '',,,..3 cr, = - = ; ..CJ"-1 S ff. ' -.1--..-- 4 c - .., r") ' .:74 •.7,7, c ,...s: .?...,0 c -r..„5 XI -5, C-.) ‘-' ' ' .--,:' toll'-.4.•_11,-•-••'--',.,a ..fir,„1 -.2 ../1 /- ••-• .1... ,...... - p -'-= ,..._ e... Sqi,,"., .-- ' ''t, , i',... ^...,7 = E;i'...1 •-••• r--. .= „1:: •-,, S.--",' Q - ' - >'-b,---) • - -0 c, v, - ., ^..) F.: "..". , ,'- '' .....-.1',irr,.-Y 1• .,' : 5,._•: 5, ,... ",.., .-.. T.- -..----; ..., ,.. .71 ..-, C3 ...,,;:. ....>, ..,. fl,p - =7 - -- 4,t.w.2- i,,,-.2. — ...e ,,... ,., .... .. ..... o. ...„. A C.J MI ' t -- - • - tr .... 1- - 0 ,-• ' --':' ,..S'"....:410ii, A"0. F,A Ct.. :...--....., ,...,.. , 4....',E ',...". ,... .,./C4 --, 's's".., '."-,..".. 9 ,;;... ,..,.,„ .-, .i......,...., ...., .' —. =.'4.--i,:i6',4,..° 2. ;3 ,...., :,-/,E. 7.7.- F7 " CI = 'Z' 8 s... • ...qi 7. -i-rril ' '''' '7.' E „.. ..-e.•- r._,.. -... .s..."."._-_ -...._-_-• 7...,:i ,s ^ '," - = " ;4.-', •- s.-. r.--; = - illtitall 7.- . ;:4 ,.,, '',-,;.;) 0:'...) *. ..'ffi./i•••2-,--• ,,,,,,,, '•••-•-".7, — -' ' „_,„ „.„„„„ .,....,,, ., . • • Renton Residential Low Density Mapping Criteria Designation RC Zone Allows Three Zones Very low density residential zone Residential 4 A Extensive critical areas or used for agriculture •Maximum density of4dwnet acre .,, ineemm_ ,:,, Reduces amount of development in environmentally sensitive areas Residential t r • floodplains, Maximum density of I duinet acre • wetlands and streams, Resource Conservation t •aquifers, - •Maximum of unit per 10 acres ,�q •wildlife habitat, •steep slopes and other geologically hazardous areas Mapping Criteria Mapping Criteria, continued R-1 Zone • R-4 Zone residential development of-lands characterized Single-family neighborhoods on lands without by pervasive critical areas pervasive environmental constraints Suburban estate single-family Served by urban utilities Allows for small scale farming associated with Can include amenity open space residential Transition between rural and higher density Protects critical areas residential areas Separation between neighboring jurisdictions Potential clustering Mapping Criteria, continued King County/RentonZones County Max.Units R-8 Zone Zones* per Net Ac. No adopted criteria RC i dul10 Ac. Allows range of 4 to S dwelling units per net acre R-1 125 du/ac (R I I du/l Ac. Intended to create opportunities for new single- family residential neighborhoods of high R-4 17.5 dud 1 Ac.}R-4 Ac. �4 dull quality that provide a sense of community R-8 S du11 Ac. County density calculations based upon gross acres. R-4 zone bonuses up to a mavmum of G units per gross acre 4 . r:t �� � „ ;4t { � p{ ;�. Constraints in the Area -;,,,-2.-..%:•:,:::?;:, ac r, ;. ti',•F . • Pervasive sensitive areas in the area proposed as R-1 t} '# :Y t..:ii Streams §s i x „ ,,r. —wetlands . Steep slop ea t.',:,..'43:: .'4f,.;4, , zir, • Proposed Preserve Our Plateau Annexation I1ydrology Additional Prezoning Constraints i .> _ ;. i r-. Availability of - -- H i `\ ,r sewer "f,-,t Hydrology � ...t ; _ Topography - wR i. iAK 11;;It'i-. Proposed Preserve Our Plateau Annexation ...., t Topography Task Force Recommendation c 4 „t ``ljtr :i-'i=' . I \ ' Summary Consideration of . '� "b Environmental Constraints ti'j -LI g-- ' ;° Renton mapping policy. "' . ', g - Community Character r ` t a'' # 4:;,,,,A'.....•!,- it,,it.':A ' • RQnlon policy supporting larger lots in Residential > 4.17 I ow Density ., t "It - Recommendation{ � .1s 4.. ''e:'-'''.(.:'''' '.':•1.'...--".7.:::::., € •combination of 12.-1 and R-4 zoning •Small areas or R-8 and RC tonin, t- ;;"z:....r ...1.: Proposed Preserve Our Plateau Annexation l 5 Preliminary Task Force F�rc oniii1 -)rnnicnndation ? . -. 11.8. ..4t,'"igt.,4`-1 ,,,,.,,,_:', ' .. =Z+,101.%., - {' "l k � P My ..�"ms's 6 Pte. 4/e- /e/-4964±=te6d6e-1-2 depot44 de€4,Pi CITY OF RENTON To;City of Renton City council& 4447, //►► Annexation&pre Zoning task force ��17 NO V 0 6 2006 ff From Robert Graham /�i1�G�D ot/ RECEPVED LAITY CLERK'S OFFICE 17404 SE 140th St. Renton WA. 98059 I write this letter to you after hearing from a friend this past Friday 11/3/06 that you could be discussing the possibility of once again downgrading the zoning of my property. With the exception of the time I spent serving in the United States Marine corps, I have lived in this area most of my life. I attended Briarwood elementary school then Maywood middle school&finally Issaquah High School. (Liberty High was not yet built.)These are now the schools my children attend.After graduating high school then serving in the Marines I returned to Briarwood to start a family&begin building a future for us. I have been fortunate enough to have built one of our states largest regional trucking companies from a single truck start up company. When I purchased the property where my family&I currently live it was a struggle. We sacrificed a lot to buy &keep that property but I felt that with the zoning it had that it would be a great investment&worth the sacrifices. When I purchased this property it was zoned R-8,then a few years ago reduced to R-4,now I'm told it could be further reduced to R-1. Reducing my zoning to R-1 would easily cut the value of it in half. Is anyone willing to pay me for this difference in equity? I have invested well over one million dollars in this property. For those of you who cite concern for the environment, isn't there at least a dozen agencies protecting that?Don't we have a critical area ordnance in place? I have had one home stolen from me under the threat of condemnation. I recently fought to keep current zoning on another property I own.How is this not violating my right to ownership?I wonder how people who kept their money in banks would feel about a change in banking that caused them to lose half of the interest they accumulated over the past twenty years. Is everyone in Briarwood willing to donate half of their equity or will you just target those in the minority with larger parcels? Every year for over twenty years I have been donating money,goods&my time to our schools,sports programs&local charities. I have been a Coach or assistant Coach in our 5 star program for all of my children since my twenty-year-old son was six years old. My company also sponsored at least one team each season during that time. I could not possibly list the programs&charities my company has sponsored over the years. We are currently one of the longest standing sponsors of Seattle's Seafair celebration. I have written this letter in an attempt to let you see that it is not large corporations from California that you are potentially effecting with these changes,you are affecting people who have spent years investing in our own community. "' ery truly yo s d ' s• R. ra.. • Alliff C.)ti`SY O ADMINISTRATIVE, JUDICIAL, AND az, , LEGAL SERVICES DEPARTMENT • MEMORANDUM DATE: November 6, 2006 TO: Randy Corman, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: COMMUNITY SERVICES DEPARTMENT • Plans are underway for the next City of Renton sister city delegation visit to Nishiwaki, Japan, in mid-April 2007. The trip is expected to last one week and the delegation is open to interested community leaders and residents. Delegates will tour attractions and sightsee around Nishiwaki and surrounding cities. Delegates will be responsible for their own expenses, and many prefer home-stay accommodations in Nishiwaki, making the travel arrangements more affordable. The next delegation planning meeting will be held at City Hall on Tuesday, November 28th, at 5:30 p.m., in the Council Conference Room on the 7th floor. All delegate participation must be confirmed by January 15, 2007. For more information, or to become part of the delegation, please call Sonja Mejlaender at 425.430.6514. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • Due to the heavy rainfall today, the Planning/Building/Public Works Department has dispatched all maintenance crews citywide to take care of flooding and problems with clogged catch basins. Crew trucks have been assigned to six areas of the city responding to weather related issues. Leaves are being removed from roadways via sweepers, backhoes, and dump trucks. Downed trees are also being taken care of. The drainage system in portions of Rainier Avenue (near Sound Ford) has reached its flow capacity and water has accumulated in the street. Crews have been responding to a number of maintenance requests in the northeast portion of the city. We have also distributed sand bags and sand to property owners wishing to prevent water from damaging their private property. Portions of the Cedar River Trail have been closed due to flooding and/or unstable conditions. • The BNSF railroad bridge over Shattuck Avenue South (one-lane bridge in South Renton) recently suffered damage when a vehicle hit an abutment. Inspections of the bridge by City staff, the City's structural bridge consultant, and Burlington Northern Santa Fe revealed damage to the bridge caused by this incident as well as dry rot in some of the wooden structural members. BNSF has stated their intention to provide emergency repair to the bridge starting November 7th (the original November 1st date has been delayed six days). The one-way underpass under the bridge (Shattuck Way South) is now closed on an emergency closure basis to allow this repair project to proceed, which could take up to three weeks. It is our understanding that the railroad line will be able to remain in operation during the repairs. Signs and barricades were posted last week to alert motorists and pedestrians who use this underpass of the pending temporary closure, and Saint Anthony's School was notified. Administrative Report November 6,2006 Page 2 • At 8:20 a.m. on October 30th a power outage in the Renton Highlands impacted 4,600 customers. Puget Sound Energy responded quickly, and by 10:15 a.m. power had been restored to 4,000 customers. As the day progressed power was restored to more customers until 1:45 p.m., when only 50 customers remained without power. Power was restored to these last customers by 9:00 p.m. The City Fire Chief activated the City ECC, which helped provide logistics for the event response and informed PSE of critical service needs in the affected area. CITY OF RENTON COUNCIL AGENDA BILL if AI#: /' I Submitting Data: For Agenda of: November 6, 2006 ,,; Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Kathy Keolker, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Library Board Appointment: Ordinance Ms. Heather Nugent Resolution Old Business Exhibits: New Business Study Sessions Community Service Application Information Recommended Action: Approvals: Legal Dept Refer to Community Services Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Pro'ect Budget City Share Total Project.. SUMMARY OF ACTION: Mayor Keolker appoints the following to the Library Board: Ms. Heather Nugent, 1717 Lincoln Court SE, Renton, WA, 98055, for a term expiring on June 1, 2011. STAFF RECOMMENDATION: Confirm Mayor Keolker's appointment of Ms. Heather Nugent to the Library Board. CITY OF RENTON tAIC APPLICATION FOR COMMUNITY SERVICE If you are interested in participating in local government by membership on any of the following City boards;.P 2 2006 commissions,or committees,please complete this application and return it to: Office of the Mayor OFFICE City of Renton 1055 South Grady Way Renton, WA 98055 Check the boards/commissions/committees in which you are interested: ❑ AIRPORT ADVISORY COMMITTEE* ❑ PLANNING COMMISSION* ❑ CIVIL SERVICE COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY ❑ HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMITTEE* ❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ SISTER CITY COMMITTEE-CUAUTLA .LIBRARY BOARD ❑ SISTER CITY COMMITTEE-NISHIWAKI ❑ MUNICIPAL ARTS COMMISSION* ❑ TRANSIT ADVISORY BOARD ❑ PARKS COMMISSION* *Special membership requirements apply. Visit www.ci.renton.wa.us or call 425-430-6500 for details. Your application will be given every consideration as vacancies occur. MR.0 MS.JQ NAME N l�12Sj� .1- DATE q 12 z/O(p ADDRESS I'711 Lincoln Cf. eRcn{on u )4 . ZIP CODE x8055 PHONE: DAY 142S c5 y bo q7496 NIGHT EMAIL NU-4E-Ai r Cr)� Corner:t54-.r RENTON RESIDENT? VE-5 IF SO,SINCE WHEN? Nov I If 2 c cx CITY OF FORMER RESIDENCE To.O MGL EDUCATIONAL BACKGROUND A A dr-ee. OCCUPATION rrt n a-KCr-- EMPLOYER OCCUPATIONAL BACKGROUND t fl(3ld1�_ U J(YV a._ t- `aat (y(, _ - -----_-- _- t , • C1a" Lii • J -^ 11. _DOCAVL O l�, . COMMUNITY ACTIVITIES(organirations/clubs/service groups.etc.) Prick.1 ick.1 `:3OO - Ct(A b REASON FOR APPLYING FOR THIS BOARD/COMMISSION/COMM ITEE r Wart 4- (Y ziZc 3u.rC cur ta.b trtes are Kiri _Rare_ o4-. CAN ATTEND DAY MEETINGS? CAN ATTEND NIGHT MEETINGS? ✓� Applications will be kept on Me for one year.If you have questions about serving on a board, commission,or committee,please feel free to contact the Mayor's Office at 425-430-6500. C'C � r 1C, s r_, . i, , CITY OF RENTON COUNCIL AGENDA BILL f AI#: 7" C• Submitting Data: AJLS For Agenda of: November 6, 2006 ikimei Dept/Div/Board.. Mayor's Office Staff Contact Marty Wine, Assistant CAO Agenda Status Consent X Subject: Public Hearing.. East Renton Plateau Interlocal Agreement with King Correspondence.. County Ordinance Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions East Renton Plateau Interlocal Agreement Information Resolution Timeline for March 1 Annexation Effective Date Recommended Action: Approvals: Refer to Committee of the Whole Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required...itassi Transfer/Amendment Amount Budgeted Revenue Generated $1.OM(2007) Total Project Budget City Share Total Project SUMMARY OF ACTION: The proposed resolution authorizes the Mayor to execute an interlocal agreement with King County. The agreement transfers properties, sets an effective date of annexation, and makes $1.0 million in King County Annexation Initiative funding available for transfer to the City with an affirmative vote for the Preserve Our Plateau .annexation. STAFF RECOMMENDATION: Accept the negotiated terms of the East Renton Plateau Interlocal Agreement and authorize the Mayor and City Clerk to enter into an interlocal agreement with King County. Rentonnet/agnbill/ bh ti`SY ADMINISTRATIVE, JUDICIAL, AND ♦ LEGAL SERVICES DEPARTMENT MEMORANDUM DATE: October 31, 2006 TO: Council President Randy Corman Renton City Councilmembers FROM: 'L .Mayor Kathy Keolker STAFF CONTACT: Marty Wine, Assistant Chief Administrative Officer(x6526) SUBJECT: Interlocal Agreement with King County regarding East Renton Plateau Potential Annexation Area ISSUE Should the City of Renton enter into an interlocal agreement with King County to transfer properties upon annexation, identify an effective date of the annexation, and make available the transfer of King County Annexation Initiative funding to the City upon an affirmative annexation vote? lowirBACKGROUND This agreement addresses all properties and terms related to the entire East Renton Plateau Potential Annexation Area(PAA). An election will be held on an annexation proposal known as the Preserve Our Plateau Annexation(POPA) on February 6, 2007. At that time, registered voters living within the proposed POPA boundary will vote on whether they wish to annex to the City of Renton. In the future, King County will request interlocal agreements (ILAs) to allow for the orderly transition of municipal services from the County to the City and transfer parks and surface water management properties. Interlocal Agreement(ILA) Terms The East Renton Plateau ILA is a first in a series of conceptual and more specific interlocal agreements that Renton will make with King County if areas in the City's Potential Annexation Areas decide to annex. The Administration has been in conversation about the terms and offer since fall of 2005. The East Renton ILA's summary terms, which have been carefully negotiated with King County, include: • Transfer of all public records, local park properties, roads, bridges, rights-of-way, surface water management facilities, environmental mitigation sites, street lights, traffic signals and signs, and pavement markings to the City w T Council President Randy Corman Page 2 of 4 October 31,2006 • Transition of municipal services associated with the annexation area(including police, parks, surface water facilities, and general government services) • Payment, should the annexation vote be successful, of$1 million from the County to the City of Renton. The source of funding is $900,000 in Real Estate Excise Tax (REET) and$100,000 in County Current Expense funds • If the vote on the annexation question is affirmative, the annexation shall be effective March 1, 2007 • Funding would be available in two installments: the first when Council approves an ordinance accepting annexation of the area no later than March 1, 2007; and the second installment not later than 30 days after the effective date of the annexation • If the vote on the annexation issue is approved at the February 6, 2007, election, but the City is unable to meet the March 1, 2007 effective date, the REET funding being offered will decrease by$50,000 per month • Agreement in effect for five years after the effective date of annexation • The City and the County will continue in good faith to work collaboratively in support of the near term annexation of the remainder of the East Renton Plateau Potential Annexation Area. Fiscal and Operational Impact of Annexation, if Successful A 2005 fiscal impact study for the entire East Renton plateau annexation area estimated that revenues from the area would total $3.83 million, and costs from the area would total $2.94 million. Coupled with the loss of a contract payment from Fire District 25 of$908,000, the total fiscal impact of the annexation was very slightly negative (about a$16,000 deficit in 2005 dollars). Ongoing departmental costs will entail the need to hire nearly 29 staff with the full impact of the annexation. Most of those costs can be phased in 2007 if the vote is affirmative. City staff has been working as an interdepartmental team to confirm ongoing operating costs and to identify the transition costs that each department would face if the area annexed. We anticipate a need to return to Council with a proposal for budget and FTE authorization to fund the staff and equipment needed to serve the area. The primary concern for most residents will be to ensure that police and fire and emergency medical services response will be in place on the first day after the effective date of annexation. Through coordination with the Assistant Chief Administrative Officer, each department has refined the staffing and transition cost estimate for 2007 and a revised fiscal impact estimate of the annexation and preliminary transition plan will be forwarded to council within two weeks. While a March 1, 2007 effective date seems very aggressive, each Department has been consulted and has verified that this date is achievable from a recruitment and hiring and implementation perspective. Revenue Estimates: Annexation Initiative and Property Taxes In the case of the East Renton Plateau, the City will be able to leverage annexation initiative funding and will also seek to levy property taxes as soon as possible to ensure the City is able NIS Council President Randy Corman Page 3 of 4 October 31,2006 to extend the current level of City services to the area. The timing of the effective date of v, annexation is particularly important to leverage property tax receipts from the proposed annexation area. Annexation Initiative Funding. King County is offering Renton $1 million to assist with the cost of transitioning services and in consideration of the City beginning to provide public services to the area. These are one-time funds composed of$900,000 in Real Estate Excise Tax (REET) funds and $100,000 in County General Fund dollars. The funding should be considered one-time, and subject to the limitations of REET funding. This is the first of a series of funding offers being extended to the City for all of its Potential Annexation Areas (PAAs). A "road map"interlocal with the funding offer and terms for other PAAs will be transmitted to the Council this month. Timing of Property Tax Receipts. The property tax is the largest source of funding that Renton will have on an ongoing basis to provide services to the area, and it has the longest lag between annexation and the receipt of the first tax revenues. The boundaries of a city for property tax purposes are the"officially established boundaries"that exist on March 1 of the year in which the property taxes are levied. Thus, a city may levy taxes during the current year for receipt during the next year for any annexation that is officially completed by March 1. If the annexation is completed after March 1, the city will have to wait until the following year to levy the tax that will apply in the annexed area. This means that if the City is unable to show the POPA as part of the City on March 1, 2007, the City will not be able to begin levying property taxes for the area until January, 2008. Estimated property tax revenues based on$1.1 billion of assessed valuation in the entire East Renton area could total $3.7 to $3.8 million. Timing of State-Shared Revenues. The state-shared revenues (gasoline tax, liquor board profits, and the liquor excise tax) are distributed to cities on the basis of population. For a city to have its population adjusted for an annexation for purposes of state-shared revenue distributions, the Office of Financial Management(OFM) must certify the annexation. For purposes of state shared revenues, the revised city boundaries and the new population are not recognized until the date that OFM approves the annexation certificate submitted to it by the city. Renton will work to send an annexation certificate and documentation in order to qualify for state shared revenues beginning July 1. It is possible with the short period between election and effective date that Renton may have to wait until the third quarter to begin receiving its additional distributions for the annexed area. Timing of Sales and Use Tax Receipts. State law provides that sales tax changes may take effect only on January 1, April 1, July 1, or October 1, and local governments notify the Department of Revenue (DOR) at least 75 days before the change takes place. Because the PUPA is primarily residential in character, this requirement is of little significance. The tax codes will not be changed until April 1 (the first day of the next quarter) and revenue collected during that month will be Noise distributed by DOR beginning July 1. Council President Randy Corman Page 4 of 4 October 31,2006 Leveraging SB 6686 Funding. SB 6686 was signed into law this year,which allows for certain cities to impose a sales or use tax, taken as a credit against the sales tax, for commencing annexation of an area having a population of over 10,000 prior to January 1, 2010, and for which the projected cost to provide services to the annexation area exceeds the projected revenue from the annexation area. The rate of the tax is 0.1 percent for each annexation area with a population over 10,000 and 0.2 percent for an annexation area over 20,000. The maximum rate of credit the city can impose is 0.2 percent. Because the POPA population does not exceed 10,000, it is doubtful whether Renton can qualify for the sales tax credit in 2007 without additional annexations. It may be possible, if another 2007 annexation occurs and population can be "counted" cumulatively, to begin imposing the tax in 2008. All revenue from the tax must be used to provide, maintain, and operate municipal services for the annexation area, and revenues may not exceed the difference of that which the city deems necessary to provide services for the annexation area. If voters approve annexation, the Administration will return to Council in 2007 with an ordinance to accept the annexation and appropriate funds suggested for transfer by the agreement. The administration is in the process of inventorying one-time transition needs from each department to determine how the Annexation Initiative funding would be allocated by department. Other Issues of Concern: Zoning and Sewers An issue of immediate concern to many residents is how the City would zone the area upon , annexation and how future development might occur under the City of Renton. The Administration proposed, and Council approved, the creation of the East Renton Plateau Task Force to provide additional community input to the Planning Commission and City Council on this issue by reviewing what is termed"prezoning,"which allows cities to set zoning for areas designated for possible future annexation, separate and apart from, and prior to, any annexation decision. The prezoning proposal and hearings will be considered before the Planning Commission and Council during November and December of this year. An additional decision that will be requested of the City Council through separate action is the extension of the city's sewer moratorium in the area until after the February 6 election. Council will consider the extension of the moratorium sometime in November. RECOMMENDATION The Administration recommends that Council accept the negotiated terms of the East Renton Plateau Interlocal Agreement and authorize the Mayor and City Clerk to enter into an interlocal agreement with King County relating to the annexation of the East Renton Plateau Potential Annexation Area. e t INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND KING COUNTY, RELATING TO THE ANNEXATION OF THE EAST RENTON '010100, POTENTIAL ANNEXATION AREA THIS AGREEMENT is made and entered into this day of , 2006. The parties("Parties") to this Agreement are the City of Renton, a State of Washington municipal corporation("City") and King County, a political subdivision of the State of Washington("County"). WHEREAS, on an election date on or before February 13, 2007, the citizens of the City's Potential Annexation Area generally described in Exhibit A hereto (hereinafter the "Annexation Area") will have an opportunity to vote on whether to annex to the City; and WHEREAS, if approved by the voters, annexation of the Annexation Area to the City will become effective on or before March 1, 2007 pursuant to City ordinance; and WHEREAS, as of the date of legal annexation of the Annexation Area, pursuant to state law, the City will own, and have the responsibility for the operation, safety and maintenance of all former County roads,bridges and rights-of-way located within the City limits together with all appurtenances located within such rights-of-way, including but not limited to, drainage facilities, stormwater facilities, environmental mitigation sites and monitoring projects, street lights, traffic signals, traffic signs, pavement markings and channelization; and WHEREAS, the City and the County desire to facilitate an orderly transition of services *N.e associated with the Annexation Area; and WHEREAS, the City and the County desire to mutually determine the appropriate timing for the transfer of public records; and WHEREAS, upon annexation of the Annexation Area, the County shall make available to the City a payment of funds from its Annexation Incentive Funds to assist with the cost of transitioning services and in consideration of the City relieving the County of the burden of providing public services to the areas to be annexed; and WHEREAS, the City and the County want to ensure a smooth transfer of ownership and maintenance of existing park facilities and properties in the Annexation Area as well as certain greenbelt, trail and walkway properties; and WHEREAS, the City and the County want to ensure a smooth transfer of ownership and maintenance of existing surface water facilities and other property interests in the Annexation Area; and WHEREAS, all governmental land use authority and jurisdiction with respect to the Annexed Area transfer from the County to the City upon the date of annexation; and Nose 1 WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by the Interlocal Cooperation Act, codified at Chapter 39.34 RCW, and other Washington law, as amended; NaS NOW THEREFORE, in consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and the County as follows: 1. TERM. This Agreement shall be deemed to take effect following the approval of the Agreement by the official action of the governing bodies of each of the Parties and the signing of the Agreement by the duly authorized representative of each of the Parties, and shall continue in force for a period of five(5) years from the effective date of annexation of the Annexation Area; provided, however, that in the event the Annexation Area is not annexed by March 1, 2008, this Agreement shall terminate as of March 31, 2008.. 2. ANNEXATION. The City shall take action to ensure placement on the ballot at a regular or special election date on or before February 13, 2007 for the registered voters of the Annexation Area to vote on whether to annex to the City. If approved by the voters, the City shall take action by ordinance to ensure that the annexation of the Annexation Area will be effective on or before March 1, 2007. The term "Annexation Area"means the territory generally described in Exhibit A. Provided, however,that in the event the City is unable despite its best efforts to meet the March 1, 2007 annexation effective date following a successful election, the City shall take such steps as necessary to ensure the annexation becomes effective on the first day of the calendar month as soon thereafter as possible. 3. RECORDS TRANSFER. Upon approval of the annexation by voters and acceptance thereof by the City, the County shall work with the City to transfer to the City public records including but not limited to record drawings or construction drawings that are requested by the City. The City shall send a written request for records to the director of the County division holding such records. Alternately, the City may request in writing that such director schedule a records transfer meeting at which a City representatives shall meet with County department representatives in order to review and identify records to be copied and/or transferred consistent with the terms of this Section 3. The request shall provide sufficient detail to allow the County to identify and locate the requested records. The County shall make its best effort to provide the documents within forty-five(45) days of the request. The County may elect to provide original records or copies of records. The County shall not be required to provide records that are not reasonably available or to create records or compilations that have not already been created. Notwithstanding anything in this section to the contrary, sheriff records transfers will be subject to the provisions of Section 10 and Exhibit H. 4. DEVELOPMENT PERMIT PROCESSING. Upon the effective date of the annexation of Annexation Area, the City shall assume all responsibility for development permit processing, including the completion of processing of all permits previously filed with the County. For all applications upon which the County has initiated review and that are subsequently transferred to the City pursuant to this 2 Section 4, the County will retain the base permit fee and a percentage of fees equivalent to the percentage of permit processing and administration performed by the County on the application. Any remaining application fee amounts received by the County prior to transfer of responsibility pursuant to this Section 4 shall be promptly forwarded to the City. 5. ANNEXATION FUND PAYMENT. In order to partially offset the City's cost of transitioning and providing services to the Annexation Area, and in consideration of the City relieving the County of the burden of providing local public services in the Annexation Area and pursuing annexation of the City's other PAA areas of West Hill, the Cascade Remainder of the Fairwood PAA, and (if the matter of incorporation is either not submitted to the voters or fails at the ballot) the entire Fairwood PAA, the County will provide the City with a payment from the annexation initiative incentive reserve funds. Unless reduced pursuant to subsection 5(a) of this Agreement, this payment shall total $1,000,000. The payment shall be composed of$100,000 in Current Expense Funds, and $900,000 from the Real Estate Excise Tax(REET), Number 2 Fund. a. In the event the annexation is approved at the initial election but the City is unable despite its best efforts to make the annexation effective by March 1, 2007, then the payment to the City shall be reduced by$50,000 in REET funds for every calendar month until such time as the annexation is effective from and after March 2007 through December 2007. For example, if the annexation is not effective until November 1, 2007, the payment of REET to the City shall be reduced by$350,000 to $550,000. "`"' b. In the event the annexation is not approved at the initial vote in February 2007, then no annexation incentive funds will be payable to the City with respect to annexation of the Annexation Area. c. The City shall expend the REET dollars consistent with the limitations placed on the use of this fund under King County Code Section 4.32.012 as currently adopted or hereafter amended. b. The payment of REET and Current Expense Funds shall be made not later than 30 days after the effective date of the annexation. d. Not less than$50,000 of the payments made to the City shall be allocated by the City to a community visioning and planning effort to be conducted with extensive resident input of persons living in the Annexation Area. 6. PARK AND OPEN SPACE FACILITIES AND PROPERTIES As of the effective date of the annexation, the County shall transfer to the City, and the City shall accept, the park, open space, greenbelt and trail/walkway properties listed in Exhibit B (collectively, the "Park Properties") , attached hereto and incorporated herein, which Park Properties are more generally known as: • Maplewood Park • Maplewood Heights Park • Sierra Heights Park(including Honey Dew Park) Now- 3 orr3 • The Cedar to Sammamish Trail Site • May Creek Parcels currently owned by King County within the City's y corporate limits • Greenbelt Properties • Trail/Walkway Properties These transfers shall be accomplished through the execution by the County Executive and Mayor of Renton of an intergovernmental transfer agreement in substantially the form as Exhibit C, attached hereto and incorporated herein, which execution shall occur within thirty(30) days of the effective date of this Agreement. 7. SURFACE WATER MANAGEMENT a. Transfer of Drainage Facilities and Drainage Facility Property Interests. i. Upon the effective date of annexation for the area in which the"Drainage Facilities"identified in Exhibit D, attached hereto and incorporated herein by reference, are located, those Drainage Facilities which are held by the County as specifically identified in Tables A and C of Exhibit D shall automatically be transferred from the County to the City, and the City shall assume ownership and full and complete responsibility for the operation, maintenance, repairs, and any subsequent improvements to the Drainage Facilities. The Drainage Facilities identified in Table B of Exhibit D shall not be transferred but shall remain in private ownership. Inspection of the facilities identified in Table B may be undertaken by the City from and after the effective date of annexation. ii. The County shall upon the effective date of annexation for the area in which the"Drainage Facility Property Interests" identified in Exhibit E , attached hereto and incorporated herein by reference, are located, convey by quit claim deed in substantially the form in Exhibit F, attached hereto and incorporated herein by reference, to the City, and the City shall accept, the Drainage Facility Property Interests, subject to all rights, conditions, covenants, obligations, limitations and reservations of record for such property interests. The City agrees to abide by and enforce all rights, conditions, covenants, obligations, limitations and reservations for the Drainage Facility Property Interests. iii. The County is willing to provide surface water management services and maintenance for the Annexation Area via separate written agreement between the Parties. iv. Both parties will make staff available to identify and review any additional County-owned local drainage facilities, easements, and other property interests within the Annexation Area that should appropriately be conveyed to the City. Such facilities and other property interests include those for which the County's facility acceptance process has not yet been completed, including both projects being constructed by the County as well as projects subject to County approval that are constructed by third parties. Any such additional 4 r l County-owned drainage properties or other property interests shall be transferred to the City pursuant to this Agreement and upon County approval, including if necessary the adoption of an ordinance authorizing the transfer of King County owned drainage properties and property interests. The transfer of responsibility for drainage facilities shall be documented in writing, including specific facilities transferred and the date of transfer and such documentation signed by the appropriate City representative and the Director of the King County Water and Land Resources Division. b. Condition of and Responsibility for Operations, Maintenance, Repairs, and Improvements of Drainage Facilities and Drainage Facility Property Interests. i. The City will have the opportunity to inspect the Drainage Facilities and Drainage Facility Property Interests before accepting ownership. The County will make its records concerning the Drainage Facilities and Drainage Facility Property Interests available to the City, and the County personnel most knowledgeable about the Drainage Facilities and Drainage Facility Property Interests will be available to jointly inspect the property with the City personnel and to point out known conditions, including any known defects or problems, if any, with the Drainage Facilities and Drainage Facility Property Interests. The City agrees to accept the Drainage Facilities and Drainage Facility Property Interests in AS IS condition, and to assume full and complete responsibility for all operations, maintenance, repairs, and improvements of the Drainage Facilities and Drainage Facility Property Interests. vokliow ii. King County does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Drainage Facilities and Drainage Facility Property Interests, and no official, employee, representative or agent of King County is authorized otherwise. iii. The City acknowledges and agrees that except as indicated in paragraph 7(c)(ii), the County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect or deficiency of any kind whatsoever in the Drainage Facilities and Drainage Facility Property Interests without regard to whether such defect or deficiency was known or discoverable by the City or the County. c. Environmental Liability related to the Drainage Facilities and Drainage Facility Property Interests i. "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. 5 ii. Nothing in this agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Drainage Facilities or Drainage Facility Property Interests by the County during the County's period of ownership. The City may not, however, assert such a claim to the extent that the City creates the need for or exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on, changing the configuration of, or changing the use of the Drainage Facilities or Drainage Facility Property Interests. iii. If the City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against the County it shall immediately notify the County in writing. The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the terms of this Agreement prior to undertaking any remediation. iv. In no event shall the County be responsible for any costs of remediation that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. d. Indemnification related to Drainage Facilities and Drainage Facility Property Interests. i. King County shall indemnify and hold harmless the City and its elected 'N` officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related to the Drainage Facilities and Drainage Facility Property Interests that occurred prior to the effective date of annexation, except to the extent that indemnifying or holding the City harmless would be limited by Section 7(c) of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the City or the City and King County, King County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and King County and their respective elected officials, officers, agents and employees, King County shall satisfy the same. ii. The City shall indemnify and hold harmless King County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related to the Drainage Facilities and Drainage Facility Property Interests that occur on or after the effective date of annexation, except to the extent that indemnifying or holding the County harmless would be limited by Section 7(c) of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is Nuid 6 brought against King County or King County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered 41111"'' against King County and its officers, agents and employees or jointly against King County and the City and their respective officers, agents and employees, the City shall satisfy the same. iii. For a period of three years following transfer, each party to this Agreement shall immediately notify the other of any and all claims, actions, losses or damages that arise or are brought against that Party relating to or pertaining to the Drainage Facilities and Drainage Facility Property Interests. iv. Each Party to this Agreement agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each Party to this Agreement, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. v. The provisions of this Section 7 shall survive the expiration or termination of this Agreement. 8. JAIL SERVICES. On and after the date of annexation, the Annexation Area is subject to the existing Interlocal Agreement between King County and the City of '%w` Renton for Jail Services. All misdemeanor crimes that occur in the Annexation Area prior to the date of annexation will be considered c rimes within the jurisdiction of King County for the purposes of determining financial responsibility under said Interlocal Agreement for Jail Services. All misdemeanor crimes that occur in the Annexation Area on or after the date of annexation will be considered crimes within the jurisdiction of the City for purposes of determining financial responsibility under the Interlocal Agreement for Jail Services. 9. POLICE SERVICES. On the effective date of the annexation, police service responsibility within the Annexation Area will be transferred to the City, unless the parties subsequently execute a contract to extend sheriff service patrol in the area as described in subparagraph c below. Criminal cases and investigations occurring or pending in the Annexation Area prior to the effective date of the annexation, or termination of any sheriff service contract, whichever is later, remain the responsibility of the County. At the time responsibility for police services is transferred to the City(i.e., upon annexation or the termination of any sheriff services contract, which ever is later), the parties shall implement the police transition plan attached hereto at Exhibit G. In addition to the provisions of that transition plan, the parties further agree as follows: a. Sharing of community information: The County agrees to provide community contact lists that the County may have regarding the Annexation Area to the City ;411low within 90 days of the City so requesting such information. These lists may 7 include, but are not limited to: members of block watch programs, community groups, and/or homeowner's associations. Nwisid b. Annexation of Emergency Response(911) Services: The City and County agree to coordinate the transfer of emergency response services (911) in the Annexation Area. c. Extension of Sheriff Services to Annexation Area under Separate Contract. The County is willing to extend Sheriff Services to the Annexation Area under a separate agreement with the City. Any such agreement shall provide(a) that the level of service, including but not limited to patrol, investigations, police 911 services, and support services,but excluding services funded or and provided only to unincorporated King County, shall be equivalent to that provided at the time of annexation in the Annexation Area by the King County Sheriff' Office; (b) the length of the agreement shall be not less than six months; (d) the City shall provide not less than 60 days notice of any request for extension of said agreement; and(e) each the extension period shall be not less than three months. The terms of such separate agreement shall be primary to the terms of this agreement wherever the terms are in conflict. Nothing in this Agreement shall be construed as a commitment to extend sheriff's services to the City in other annexation areas. 10. DISTRICT COURT SERVICES TRANSITION. The County will be responsible for the prosecution and payment of any fees or assessments associated with, misdemeanor criminal cases filed by the County prior to the effective date of annexation. The City will be responsible for the prosecution of, and payment of court filing fees and other fees associated with misdemeanor criminal case filed by the City from and after the effective date of annexation, regardless of the time of the events from which the misdemeanor arose. 11. STATUS OF COUNTY EMPLOYEES. Subject to City civil service rules and state law, the City agrees to consider the hiring of County employees whose employment status is affected by the change in governance of the Annexation Area, provided that the City's consideration of hiring affected sheriff department employees shall be governed by the provisions set forth in RCW 35.13.360 et seq. The County shall in a timely manner provide the City with a list of those affected employees. 12. ADMINISTRATION AND CONTACT PERSONS. The Parties stipulate that the following persons shall be the administrators of this Agreement and shall be the contact person for their respective jurisdiction. City of Renton: King County: Chief Administrative Officer Director, Office of Management and Budget City of Renton King County 1055 S. Grady Way 701 5th Avenue Renton, WA 98055-3232 Suite 3200 8 w F Seattle, WA 98104 13. COMPLIANCE WITH LAWS. Each Party accepts responsibility for compliance with federal, state, and local laws and regulations. Specifically, in meeting the commitments encompassed in this Agreement, all parties will comply with, among other laws and regulations, the requirements of the Open Meetings Act, Public Records Act, Growth Management Act, State Environmental Policy Act, and Annexation Statutes. The Parties retain the ultimate authority for land use and development decisions within their respective jurisdictions as provided herein. By executing this Agreement, the Parties do not purport to abrogate the decision-making responsibility vested in them by law. 14. INDEMNIFICATION. The following indemnification provisions shall apply to the entirety of this Agreement except for: (1) Section 7 concerning Drainage Facilities and Drainage Facility Property Interests, which Section shall be controlled exclusively by the provisions therein; and (2) Exhibit C relating to the transfer of park and open space properties which also contains separate indemnification provisions. a. The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any principal or governmental or public law is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. b. The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the county, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. 9 } 1 c. The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. d. The provisions of this Indemnification Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 15. CONTINUED ANNEXATION EFFORTS. The parties agree to continue in good faith to work collaboratively in support of the near-term annexation of the remainder of the East Renton Plateau if any, which may not be subject to election in 2007, as well as the annexation of the City's West Hill PAA, and the Fairwood PAA to the extent the latter is not incorporated. 16. GENERAL PROVISIONS. a. Entire Agreement. This Agreement together with all Exhibits hereto contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. b. Filing. A copy of this Agreement shall be filed with the Renton City Clerk and recorded with the King County Auditor. c. Records. Until December 31, 2013, any of either party's records related to any matters covered by this Intergovernmental Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. Other provisions of this section notwithstanding, police/sheriff records shall be retained according to the state records retention schedule as provided in RCW Title 42 and related Washington Administrative Code provisions. d. Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. e. Severability. If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or contrary to public policy, the Agreement will remain in full force and effect except for the clauses that are unenforceable, illegal,or contrary to public policy. f. Assignment. Neither the City nor the County shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 10 g. Successors in Interest. Subject to the foregoing subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. h. Dispute Resolution. The Parties should attempt if appropriate to use a formal dispute resolution process such as mediation, through an agreed-upon mediator and process, if agreement cannot be reached regarding interpretation or implementation of any provision of this Agreement. All costs for mediation services would be divided equally between the Parties. Each jurisdiction would be responsible for the costs of their own legal representation. i. Attorneys' fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. j. No waiver. Failure of either the County or the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. k. Applicable Law. Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. slope 1. Authority. Each individual executing this Agreement on behalf of the City and the County represents and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of the City or the County. m. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth above in Section 12. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the addresses set forth above in Section 11. Any notice so posted in the United States mail shall be deemed received three(3) days after the date of mailing. n. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. o. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. p. Third Party Beneficiaries. This agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have 11 any right of action or interest in this Agreement based on any provision set forth herein. IN WITNESS THEREOF, the Parties have executed this Agreement. CITY OF RENTON: KING COUNTY: Kathy Keolker, Mayor Ron Sims, Executive Date: Date: ATTEST: ATTEST: City Clerk DATED: DATED: Approved as to Form: Approved as to Form: NNild City Attorney Sr. Deputy Prosecuting Attorney 12 Exhibit A Description of Annexation Area (Note: As contemplated by this Agreement, the Annexation Area is the "Preserve Our Plateau Area"annexation petition as approved by the King County Boundary Review Board in August 2006.) PRESERVE OUR PLATEAU ANNEXATION LEGAL DESCRIPTION The lands included within the Preserve Our Plateau Annexation area are situated in Sections 11, 12, 13, 14, 15, 23, & 24 all in Township 23 North, Range 5 East, W.M. and Sections 18 and 19, both in Township 23 North, Range 6 East, W.M. , all King County, Washington, more particularly described as follows: Beginning at the intersection of the northerly right-of-way margin of SE 128th St with the easterly line of the existing City of Renton Limits as annexed under Ordinance No. 4829, in the Southwest quarter of said Section 11; Thence easterly along said northerly right-of-way margin, crossing 155th Ave SE and 156th Ave SE, to the east line of the Southwest quarter of said Section 11, said east line also being the Urban Growth Boundary(UGB) line; *tor Thence continuing easterly along the courses of the northerly right-of-way margin of SE 128th St and said UGB line, crossing 160th Ave SE and the west half of 164th Ave SE, to the section line common to said Sections 11 and 12; Thence continuing easterly along the courses of the northerly right-of-way margin of SE 128th Street and said UGB line, crossing the east half of 164th Ave SE and 169th Ave SE, to an intersection, in the Southwest quarter of the Northeast quarter of the Northwest quarter of said Section 13; Thence southerly along said northerly extension and said east line, and said UGB line, to an intersection with the north line of the Southeast quarter of the Northwest quarter; Thence easterly along said north line and said UGB line, to the west line of the East quarter of said subdivision; Thence southerly along said west line and said UGB line, to the Northwest corner of Lot 1 of King County Short Plat S90S0040, as recorded in Book 101 of Surveys, Page 236, records of King County, Washington; Thence easterly along the North line of said Lot 1 and said UGB line, to the northeast corner of said Lot 1, said northeast corner also being on the west line of the Northeast quarter of said Section 13; 13 Thence easterly along said UGB line, crossing 172nd Ave SE, to the intersection of the iogiV easterly right-of-way margin of 172nd Ave SE and the southerly right-of-way margin of r SE 132nd St; Thence continuing easterly along the southerly right-of-way margin of SE 132nd St and said UGB line, crossing 173`d Ave SE, 175th Ave SE, 178th Ave SE and the west half of 180th Ave SE, to an intersection with the east line of said subdivision, said east line also being the west line of the Southwest quarter of the Northwest quarter of said Section 18; Thence continuing easterly along said right-of-way of SE 132nd St and said UGB line, crossing the east half of 180th Ave SE, 181st Ave SE and 182nd Ave SE, to an intersection with the easterly right-of-way margin of 182nd Ave SE; Thence southerly along said easterly right-of-way margin of 182nd Ave SE and said UGB line, to an intersection with the northerly right-of-way margin of SE 134th St in the Southwest quarter of the Northwest quarter of said Section 18; Thence easterly along said northerly right-of-way margin of SE 134th St and the easterly extension of said northerly right-of-way margin and said UGB line, crossing 184th Ave SE, to an intersection with the easterly right-of-way margin of 184th Ave SE in the Southeast quarter of the Northwest quarter of said Section 18; Thence southerly along said easterly right-of-way margin of 184th Ave SE and the southerly extension thereof and said UGB line, crossing WE 135th St, SE 136th St and SE 144th ST, to an intersection with the southerly right-of-way margin of SE 144th St, as deeded to King County per King County Recording No. 3000495 in the Northwest quarter of said Section 19; Thence westerly along said southerly right-of-way margin of SE 144th St and said UGB line, to an intersection with the east line of Renton-Suburban Tracts Division No. 8, as recorded in Volume 69 of Plats, Pages 74-76, inclusive, records of King County, Washington, in Government Lot 1 of said Section 19; Thence southerly along said east line and said UGB line, to the Southeast corner of said Plat; Thence westerly along the courses of the south boundary of said plat and said UGB line, to an intersection with the south line of Renton-Suburban Tracts Div. No. 6, as recorded in Volume 66 of Plats, Pages 33-35, inclusive, records of King County, Washington, in the Northeast quarter of said Section 24; Thence westerly along the south line of said plat and said UGB line, to the most southwest corner of said plat, said southwest corner also being the northeast corner of Government Lot 5 of said Section 24; 14 Thence southerly along the east line of said Government Lot 5 and said UGB line, to the northeast corner of Lot 31 of Renton-Suburban Tracts Div. No. 7, as recorded in Volume �.r 69 of Plats, Pages 39-14, inclusive, records of King County, Washington; Thence southwesterly and northwesterly along the south boundary of said plat and said UGB line, to an intersection with the east line of Government Lot 10 of said Section 24, said east line also being the east line of Tract A of Briarwood south No. 6, as recorded in Volume 97 of Plats, Pages 68-69 , records of King County, Washington; Thence northerly along said east line of said Government Lot 10 and said Tract A and said UGB line, to the northeast corner of said Tract A; Thence westerly along the courses of the north boundary of said Tract A, and said UGB line, to the northwest corner of said Tract A, said northwest corner also being a point on the east line of the Northeast quarter of said Section 23; Thence northerly along said east line and said UGB line, to the northeast corner of Tract C of Skyfire Ridge Div. No. 1, as recorded in Volume 141 of Plats, Pages 93-99, inclusive, records of King County, Washington; Thence westerly along the courses of the north boundary of said Tract C and said UGB line, to the northwest corner of said Tract C, said northwest corner also being a point on the east line of the Southwest quarter of the Northeast quarter of said Section 23; Isree Thence northerly along said east line and said UGB line, to the northeast corner of said subdivision; Thence westerly along the north line of said subdivision and said UGB line, to the northwest corner of said subdivision, said northwest corner also being the northeast corner of Government Lot 7 of said Section 23; Thence North 88°00'30 West, along the north line of said Government Lot 7 and said UGB line in said Section 23, a distance of 100 feet; Thence South 31°31' 00" West, along said UGB line, a distance of 648 feet; Thence North 55°51' 30" West, along said UGB line, a distance of 250 feet; Thence South 31°31' 00" West, along said UGB line, a distance of 150 feet; Thence North 55°51' 30" West, along said UGB line, to an intersection with the southeasterly right-of-way margin of 154th PI SE (Orton County Road); Thence southwesterly along said southeasterly right-of-way margin of 154th P1 SE and said UGB line, to an intersection with the northeasterly right-of-way margin of J. E. low 15 Jones Rd. No. 1182 in said Government Lot 7, said intersection also being the point at which the UGB line and the boundary line for the subject annexation diverge; Thence northwesterly crossing 154th PI SE, to the point of intersection of the northeasterly right-of-way margin of said J. E. Jones Rd. No. 1182 and the northwesterly right-of-way margin of 154th PI SE; Thence northeasterly, northerly and northwesterly along the northwesterly right-of-way margin of 154th P1 SE, as established in 1962 and as currently paved for use, said right- of-way also being, in part, the northwesterly right-of-way margin of W. J. Orton Road No. 2023 by Deed, bearing Auditor's File No. 2126697 and recorded in Volume 1300 of Deeds, Page 221, records of King County, Washington, to an intersection with the north Line of the northwest quarter of said Section 23; Thence northwesterly, northerly and northeasterly along said northwesterly right-of-way margin of 154th PI SE, said right-of-way margin also being on a curve to the right, having a street center line radius of 358.1 feet, to an intersection with the southerly extension of the westerly right-of-way margin of 154th Ave SE (Maple Street) as dedicated in Cedar River Five Acre Tracts, as recorded in Volume 16 of Plats, Page 52, records of King County, Washington, in the Southwest quarter of said Section 14; Thence northerly along the westerly right-of way margin of 154th Ave SE, to its intersection with the southerly right-of-way margin of SE 142°1 St; Thence westerly, along said southerly right-of-way margin of said SE 142n1 St, crossing 152nd Ave SE, to a point of intersection with the southerly extension of the westerly right- of-way margin of 152nd Ave SE, in the Southwest quarter of the Southwest quarter of said section 14; Thence northerly along said southerly extension and said westerly right-of-way margin of 152nd Ave SE, crossing SE 142nd St, SE 141'Pl, SE140th P1, SE 139th P1 and SE 138th P1, to the northeast corner of Briar Hills No. 4, as recorded in Volume 113 of Plats, Page 77, records of King County; Thence westerly along the north line of said Plat, crossing 148th Place SE, to the northwest corner of said plat, said northwest corner also being the northeast corner of Briarwood Lane, as recorded in Volume 104 of Plats, Pages 30 and 31, records of King County, in the Southeast quarter of said Section 15, Thence continuing westerly along the north line of said Briarwood Lane plat, to the northwest corner thereof; Thence southerly along the west line of said plat, to the southwest corner thereof, said southwest corner also being a point on the north line of the South quarter of the South half of the Northeast quarter of the Southeast quarter of said Section 15, and also being a NIS 16 point on the north line of Maple Ridge, as recorded in Volume 86 of Plats, Pages 85 and 86, records of King County; Thence westerly, northeasterly, northwesterly and westerly along the various courses of the north line of said Plat, to the northwest corner thereof; Thence southerly along the west line of said Plat, to an intersection with the south line of the Northwest quarter of the Southwest quarter of the Northeast quarter of the Southeast quarter of said Section 15; Thence westerly along said south line and the westerly extension of said south line, crossing 144th Ave SE, to a point on the westerly right-of-way margin of 144th Ave SE in the Northwest quarter of the Southeast quarter of said Section 15; Thence northerly along said westerly right-of-way margin, crossing SE 138th St, to an intersection with the existing City of Renton Limits as annexed under Ordinance No. 5171, at the intersection of said westerly right-of-way margin of 144th Ave SE and the southerly right-of-way margin of NE 2nd St; Thence generally northerly and easterly along the existing City Limits of Renton, as annexed under Ordinance Nos. 5171, 4876, 4760, 5140, 4760, 5064 and 4829, crossing SE 128th St, to the point of beginning. Nitre fir►' 17 Exhibit B '"'10 Property Description General Description and Names of County Parks, Greenbelts, and Trails I WalkwaysTransferring to the City of Renton (Collectively, the"Parks Properties") Name of park Amenities/facilities Maplewood Park 44.6 acre site with open playfield, multi- purpose court, play equipment, fitness circuit and picnic area Sierra Heights Park, including 8.4 acre site with fitness circuit. Main Honey Dew Park parcel is wooded with linear parcel providing neighborhood trail to park Cedar to Sammamish Trail Site Undeveloped site purchased as link in regional trail system May Creek Parcels Undeveloped parcels Maplewood Heights Park 19.16 acre undeveloped site Greenbelt properties 4 parcels Trail/Walkway properties 2 parcels and 1 easement 18 Exhibit C Form of Parks and Open Space Transfer Agreement Intergovernmental Land Transfer Agreement Between King County and the City of Renton Relating to the Ownership, Operation and Maintenance of Parks, Open Space, Greenbelt and Trail/Walkway Properties This Agreement is made and entered into this day by and between the City of Renton, hereinafter called "City", and King County, hereinafter called "County." WHEREAS the City desires to own, operate, and maintain parks, open space, recreation facilities and programs and other municipal programs, facilities and property inside and adjacent to its corporate boundaries; and WHEREAS the County, under the authority of RCW 36.89.050, King County Resolution 34571 and other federal, state and county laws, has acquired and developed a substantial park, recreation and open space system that depends on the continued operation of its many individual properties and facilities in order to fully serve the needs of the residents of King County and the cities within it; and WHEREAS the County desires to divest itself of ownership, management, and financial °'fir responsibility for local parks, open space, recreational facilities and programs inside and near the City boundaries; and WHEREAS the following County owned parks and park properties are located in the City's East Renton Plateau Potential Annexation Area: Maplewood Park; Sierra Heights Park(including a parcel known as Honey Dew Park); certain property acquired as a portion of the Cedar to Sammamish Trail Site(the"Cedar to Sammamish Trail Site"); certain undeveloped park parcels in the May Creek area(the"May Creek Parcels"); and Maplewood Heights Park(all of which properties are collectively referred to herein as the "East Renton Plateau Local Parks") as further described in Exhibits A and Exhibits B-1, B-2, B-3, B-4 and B-5 hereto; and WHEREAS, the County also owns certain undeveloped properties within the East Renton Plateau Potential Annexation Area which were acquired to be preserved as greenbelts, as further described in Exhibit B-6(the"Greenbelt Properties); and WHEREAS, the County also has certain property interests acquired for trail and walkway purposes, as further described in Exhibit B-7(the Trail/Walkway Properties"); and WHEREAS the County is legally restricted from converting parks from their current uses without expending funds to replace the converted facilities; and 19 •Exhibit C Form of Parks and Open Space Transfer Agreement WHEREAS given the legal restriction regarding conversion of parks, the marketability of the properties is limited and, as a result, the cost of operating the East Renton Plateau Local Parks is approximately equal to the value of the property to the County; and WHEREAS to the extent the City provides scholarships, reduced fees or other means of assuring access to parks and recreational programming for City residents, the City has a goal of ensuring that such scholarships or other needs-based rates and programs are available to all persons desiring to use the park and recreational programs regardless of residency; and WHEREAS it is in the best interest of the public that the City and the County take those actions necessary to transition the East Renton Plateau Local Parks, the Greenbelt Properties and Trail/Walkway Properties(collectively, the "Park Properties") to City ownership in order to insure a smooth transition and avoid service disruption; NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and the County agree as follows: 1. Conveyance of Title 1.1.Within thirty(30) days of execution of this Agreement, King County shall convey to the City by bargain and sale deed all its ownership interest, and/or, when possible, by assignment, any leasehold interest or shared use responsibility, in the following listed Park Properties, which are described more fully in Exhibits B1, B2, B3, B4, and B5 hereto: Maplewood Park(Exhibit B-1) Sierra Heights Park,including Honey Dew Park(Exhibit B-2) Cedar to Sammamish Trail Site(Exhibit B-3) May Creek Parcels (Exhibit B-4) Maplewood Heights Park(Exhibit B-5) 1.2 Within thirty(30) days of execution of this Agreement, King County shall convey to the City by quitclaim deed in substantially the form in Exhibit D, attached hereto and incorporated herein by reference, to the City, and the City shall accept, the Greenbelt Properties identified in Exhibit B-6 and the Trail/Walkway Properties identified in Exhibit B-7,both of which exhibits are attached hereto and incorporated herein by reference, and which conveyance and acceptance shall be subject to all rights, conditions, covenants, obligations, limitations and reservations of record for such property interests. The City agrees to abide by and enforce all rights, conditions, covenants, obligations, limitations and reservations for the Greenbelt Properties and Trail/Walkway Properties. ,44100 20 Exhibit C Form of Parks and Open Space Transfer Agreement 1.3 All deeds for the East Renton Plateau Local Parks described in Exhibits A, and B-1 through B-5) shall also contain the following specific covenants pertaining to use, which covenants shall run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City covenants that the Property shall continue to be used in perpetuity for park or recreation purposes unless other equivalent lands or facilities within the county or the city are received in exchange therefore and the replacement lands or facilities are used in perpetuity for park or recreation purposes." "The City covenants that it shall not use the Property in a manner that would cause the interest on County bonds related to the Property to no longer be exempt from federal income taxation." "The City covenants that it shall place the covenants herein in any deed transferring the Property or a portion of the Property for public park, recreation or open space uses." 1.3.1 The deeds for the Maplewood Park Parcel A, Sierra Heights Park Parcel A, May Creek Parcels and Maplewood Heights Park shall also contain the following specific covenants pertaining to use, which covenants shall run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City covenants that it shall abide by and enforce all terms, conditions and restrictions in King County Resolution 34571, including that the City covenants that the Property will continue to be used for the purposes contemplated by Resolution 34571, that the Property shall not be transferred or conveyed except by agreement providing that such lands shall continue to be used for the purposes contemplated by Resolution 34571, and that the Property shall not be converted to a different use unless other equivalent lands and facilities within the County or City shall be received in exchange therefor." 1.3.2 The deed(s) for Maplewood Park Trail Easement Parcel E and the Cedar to Sammamish Trail site shall also contain the following specific covenants pertaining to use, which covenants shall run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City acknowledges that the Property was purchased for open space purposes with funds from Open Space Bonds authorized in 1989 by King 21 Exhibit C Form of Parks and Open Space Transfer Agreement County Ordinance 9071 and covenants that it shall abide by and enforce all terms, conditions and restrictions in Ordinance 9071, including that the City "'IS covenants that the Property will continue to be used for the purposes contemplated by Ordinance 9071, which prohibits both active recreation and motorized recreation such as off-road recreational vehicles but allows passive recreation, that the Property shall not be transferred or conveyed except by agreement providing that the Property shall continue to be used for the purposes contemplated by Ordinance 9071, and that the Property shall not be converted to a different use unless other equivalent lands and facilities within the County or the City shall be received in exchange therefore." 1.3.3 The Deeds for Maplewood Park Parcels A, C1-3, and D, Sierra Heights Park(including Honey Dew), Maplewood Heights_Park and the May Creek Parcels shall also contain the following specific covenants pertaining to use, which covenants shall run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City further covenants that it will not limit or restrict access to and use of the Property by non-city residents in any way that does not also apply to city residents. The City covenants that if differential fees for non-city residents are imposed, they will be reasonably related to the cost borne by city taxpayers to maintain, improve or operate the Property for parks and recreation purposes." 1.3.4 The deeds for Maplewood Park Trail Easement Parcel E and the Cedar to Sammamish Trail Site shall also contain the following specific covenants pertaining to use, which covenants shall run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City further covenants that it will not limit or restrict access to and use of the Property by non-city residents in any way that does not also apply to city residents. The City covenants that any and all user fees charged for the Property, including charges imposed by any lessees, concessionaires, service providers, and/or other assignees shall be at the same rate for non-City residents as for the residents of the City." 1.3.5 The deeds for the Greenbelt Properties shall contain the restrictions intended to preserve the use of said properties as greenbelts restricted to use as open space and passive recreation, as were placed on the properties at the time of their conveyance to King County, all as more specifically described in said deeds. The City covenants that it shall place said restrictions in any deed conveying any or a portion of the Greenbelt Properties. 22 Exhibit C Form of Parks and Open Space Transfer Agreement 1.3.6 The deeds for the Trail/Walkway Properties shall contain restrictions intended to preserve or facilitate the use of said properties as public trails and walkways, as placed on the property interests at the time of conveyance to King County, all as more specifically described in said deeds. The City covenants that it shall place said restrictions in any deed conveying any or a portion of the Trail/Walkway Properties. 1.4 In conveying Maplewood Park by deed, the County shall reserve a trail easement in substantially the form attached hereto as Exhibit C-1. 1.5 In conveying the Cedar to Sammamish Trail Site, the County shall reserve a trail easement in substantially the form attached hereto as Exhibit C-2. 2. Existing Restrictions,Agreements, Contracts or Permits 2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and covenants of title at the time of conveyance and/or in the deeds of conveyance. 2.2 The City and the County acknowledge and agree that the Maplewood Park Parcel C-3 is currently subject to special use permit number S-70-02 granted to Geonerco, Inc. for the removal of an existing 12' storm water pipeline and installation, operation and maintenance of a 24" storm water pipeline. Effective as of the date the Property is conveyed to the City, the County hereby assigns, transfers and conveys to the City all of the County's rights, privileges and obligations in the Permit, and the City hereby accepts and assumes all of the County's rights, privileges and obligations in the Permit. 2.3 The City and the County acknowledge and agree that the May Creek Park Parcel that intersects with Aberdeen Avenue NE (if extended) and NE 31st Street is currently subject to special use permit number S-64-01 granted to CQ Enterprises, Inc. for the installation, operation and maintenance of a discharge ditch. Effective as of the date the Property is conveyed to the City, the County hereby assigns, transfers and conveys to the City all of the County's rights, privileges and obligations in the Permit, and the City hereby accepts and assumes all of the County's rights,privileges and obligations in the Permit. 3. Condition of Premises and Responsibility for Operations, Maintenance, Repairs, Improvements, and Recreation Services 3.1 The City will have the opportunity to inspect the Park Properties before accepting ownership. The County will make its records concerning the Park Properties available to the City, and the County personnel most knowledgeable about the Parks Properties will be available to jointly inspect lour the property with the City personnel and to point out known defects or 23 Exhibit C Form of Parks and Open Space Transfer Agreement problems with the Park Properties. The City agrees to accept all said Park Properties in AS IS condition, and to assume full and complete ''4410 responsibility for all operations, maintenance, repairs, improvements of, and provision of recreational services at, the Park Properties. 3.2 King County does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Park Properties, and no official, employee, representative or agent of King County is authorized otherwise. 3.3 The City acknowledges and agrees that except as indicated in paragraph 4.2, the County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect or deficiency of any kind whatsoever in the Park Properties without regard to whether such defect or deficiency was known or discoverable by the City or the County. 3.4 In connection with the transfer to the City of Maplewood Heights Park, the City has reviewed the Project Agreement for Project No. 70-041 between King County and the Washington State Interagency Committee for Outdoor Recreation("IAC") for funding for the acquisition or development of the Property and other properties owned by the County. The City and the County agree that they will execute an amendment to the Project Agreement that substitutes the City for the County as the "Contracting Party" as to the Property, so that the City shall become the "Project Sponsor" in the Project Agreement as to the Property.. The County and the City agree to work expeditiously with IAC to prepare and execute the amendment and the City agrees to execute the amendment within fifteen(15) days after the City receives the same for signature from the IAC. 4. Environmental Liability 4.1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. 4.2 Nothing in this agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Park Properties by the County during the County's period of ownership. The City may not, however, assert such a claim to the extent that the City creates the need for or exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on the Park Properties, changing the configuration of the Park Properties, or changing the use of the Park Properties. 24 Exhibit C Form of Parks and Open Space Transfer Agreement 4.3 If the City discovers the presence of hazardous materials at levels that could slur give rise to a statutory claim for contribution against the County it shall immediately notify the County in writing. Such notice shall in no event be provided more than 10 days after discovery. The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the terms of this Agreement prior to undertaking any remediation. 4.4 In no event shall the County be responsible for any costs of remediation that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. 5. Indemnification and Hold Harmless 5.1 King County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent action or omission of King County, its officers, agents and employees in performing its obligations pursuant to this Agreement, and/or(ii) arising from those occurrences related to the Park Properties that occurred prior to the effective date of conveyance of the Park Properties to the City, except to the extent that indemnifying or holding the City harmless would be limited by Section 4 of this Agreement. In the event that liose any suit based upon such a claim, action, loss or damage is brought against the City or the City and King County, King County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and King County and their respective elected officials, officers, agents and employees, King County shall satisfy the same. 5.2 In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. 5.3 The City shall indemnify and hold harmless King County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent act or omission of the City, its officers, agents and employees in performing Noe obligations pursuant to this Agreement, and/or(ii) arising from those 25 • Exhibit C Form of Parks and Open Space Transfer Agreement occurrences related to the Park Properties that occurred on or after the effective date of conveyance of the Park Properties to the City, except to the extent that indemnifying or holding the County harmless would be limited by Section 4 of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against King County or King County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against King County and its officers, agents and employees or jointly against King County and the City and their respective officers, agents and employees, the City shall satisfy the same. 5.4 Each Party to this Agreement shall immediately notify the other of any and all claims, actions, losses or damages that arise or are brought against that Party relating to or pertaining to the Park Properties. 5.5 Each party agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. 6. Audits and Inspections 6.1 Until December 31, 2013, any of either party's records related to any matters covered by this Intergovernmental Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 7. Waiver and Amendments 7.1 Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 8. Entire Agreement and Modifications 8.1 The parties to this Intergovernmental Agreement acknowledge that it is a negotiated agreement and that, together with its Exhibits and that certain Agreement dated between the parties entitled INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND KING COUNTY, RELATING TO THE ANNEXATION OF THE EAST RENTON POTENTIAL ANNEXATION AREA, ("Annexation Agreement") sets forth the entire agreement between the parties with respect to the subject matter hereof. There are no understandings or agreements between 26 Exhibit C Form of Parks and Open Space Transfer Agreement the parties respecting the subject matter hereof, written or oral, other than as set forth Now herein and in the Annexation Agreement. It may be supplemented by addenda or amendments, which have been agreed upon by both parties in writing. Copies of such addenda and amendments shall be attached hereto and by this reference made part of this Agreement as though fully set forth herein. 9. Duration and Authority 9.1 This Agreement shall be effective upon signature and authorization by both parties. The terms, covenants, representations and warranties contained herein shall not merge in the deed of conveyance, but shall survive the conveyance and shall continue in force unless both parties mutually consent in writing to termination. 10. Notice 10.1 Any notice provided for herein shall be sent to the respective parties at: King County: City: Kevin Brown Terry Higashiyama Manager, Parks and Recreation Administrator, Community Services Division, DNRP Department err► Rm 700, King Street Center City of Renton 201 S. Jackson Street 1055 South Grady Way Seattle, WA 98104 Renton, WA 98057 11. Dispute Resolution 11.1 The parties agree to use their best efforts to resolve disputes regarding this Agreement in an economic and time efficient manner to advance the purposes of this Agreement. In the event that a dispute arises between the City and the County, they shall attempt to resolve such dispute as expeditiously as possible and shall cooperate so that the express purposes of this Agreement are not frustrated, and so that any design, planning, construction, or use of trails or trail corridors on the subject properties is not delayed or interrupted. Provided, that nothing in this Agreement shall otherwise limit the parties' legal, equitable, or other rights or remedies. IN WITNESS WHEREOF, the parties have executed this Agreement. King County City of Renton Now 27 Exhibit C Form of Parks and Open Space Transfer Agreement King County Executive Mayor Date Date Approved as to Form: Approved as to Form: King County City Attorney Senior Deputy Prosecuting Attorney Date Date 4101 28 Exhibit C Form of Parks and Open Space Transfer Agreement '41 STATE OF WASHINGTON) ) SS COUNTY OF KING ) On this day of , 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that signed and sealed the said instrument as free and voluntary act and deed for the uses and purposed therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at City and State My appointment expires 'goy. STATE OF WASHINGTON) ) SS COUNTY OF KING ) On this day of , 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that signed and sealed the said instrument as free and voluntary act and deed for the uses and purposed therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at City and State My appointment expires 29 Exhibit C Form of Parks and Open Space Transfer Agreement EXHIBIT A King County Parks, Greenbelts and Trail/Walkway Properties Transferring to the City of Renton (collectively referred to as the "Park Properties") Name of park Amenities/facilities Maplewood Park 44.6 acre site with open playfield, multi- purpose court, play equipment, fitness circuit and picnic area Sierra Heights Park, including 8.4 acre site with fitness circuit. Main Honey Dew Park parcel is wooded with linear parcel providing neighborhood trail to park Cedar to Sammamish Trail Site Undeveloped site purchased as link in regional trail system May Creek Parcels Undeveloped parcels Maplewood Heights Park 19.16 acre undeveloped site Greenbelt Properties 4 parcels Trail/Walkway Properties 2 parcels and 1 easement 30 Exhibit C Form of Parks and Open Space Transfer Agreement EXHIBIT B low PARK PROPERTIES LEGAL DESCRIPTIONS Summary: Park Exhibits and Assessor Parcels included within each Park Exhibit B-1: Maplewood Park Parcel Number Source of Funds to Acquire Parcel herein referred to as: Parcel #1523059185 Forward Thrust Maplewood Parcel A* #1523059229 REET (Real Estate Excise Tax) Maplewood Parcel C-1 #1523059055 REET Maplewood Parcel C-2 #1423059007 REET Maplewood Parcel C-3 #5104200670 Dedication/Donation for park and Maplewood Parcel D recreation purposes #1523059230 Open Space Bond for regional Maplewood Parcel E (to be/as trail relocated to Eastern edge of park) *There is no "Parcel B." Now Exhibit B-2: Sierra Heights Park(including Honey Dew parcels) Parcel Number Source of Funds to Acquire Parcel herein referred to as: Parcel #0423059313 Forward Thrust Sierra Heights Parcel A #0428000095 Dedication Honey Dew Parcel #0428000290 Dedication Honey Dew Parcel Exhibit B-3: Cedar to Sanunamish Trail Site Source of Funds to acquire park: 1989 Open Space Bonds Exhibit B-4: May Creek Parcels Source of Funds to acquire park: Forward Thrust Exhibit B-5: Maplewood Heights Park General Legal Description: The North half of the Southwest quarter of the Southwest quarter of Section 13, Township 23 North, Range 5 East, W.M., in King County, Washington. Source of Funds to Acquire Park: Forward Thrust, IAC. Exhibit B-6: Greenbelt Properties Acquired through various means, dedications. 31 Exhibit C Form of Parks and Open Space Transfer Agreement Exhibit B-7: Trail/Walkway Properties Acquired through various means, dedications. 32 Exhibit C Form of Parks and Open Space Transfer Agreement `'ine EXHIBIT B Continued: Individual Park Legal Descriptions Exhibit B-1 Parcel Identification Number(PIN) #1523059229— Parcel Cl PIN# 1523059055— Parcel C2 PIN# 1423059007— Parcel C3 The North 1/2 of the NE 1/4 of the SE 1/4 of Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the West 30 feet thereof; AND the North 1/2 of the NW 1/4 of the SW 1/4 of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT those portions of said Sections 14 and 15 heretofore conveyed to King County by deed recorded under Recording No. 9401060822. SUBJECT TO: 1) Easement and the terms and conditions referenced therein, including, but not limited to, the following: GRANTEE: Washington Natural Gas Company, a Washington Corporation PURPOSE: To construct, install, operate, maintain, protect, improve, repair, replace and abandon in place said gas pipeline or pipelines, together with the non-exclusive right of access to and from said property AREA AFFECTED: Portion of said premises and other property RECORDED: September 23, 1991 RECORDING NO: 9109230160 2) Right to enter said premises to make repairs and the right to cut brush and trees which constitute a menace or danger to the electric transmission line located in the street or road adjoining said premises as granted by instrument recorded under Recording No. 3168309. AFFECTS: Westerly boundary of said property abutting 144t Avenue Southeast(Portion of the NW, NE and SE of Section 15, Township 23, Range 5 East 3) Easement and the terms and conditions referenced therein, including but not limited to, the following: RESERVED BY: The National Bank of Seattle, Commerce of Seattle, as executor of the estate of D. Dierssen, deceased PURPOSE: Roadway 33 Exhibit C Form of Parks and Open Space Transfer Agreement AREA AFFECTED: A portion of said premises within a 30 foot strip of land DATED: October 25, 1944 RECORDED: November 27, 1944 RECORDING NO: 3431119 4) Easement and the terms and conditions thereof: RESERVED BY: Seattle-First National Bank, a national banking association, as Executor of the Estate of Edith A. Balch, and Fred W. Darnell, Administrator with Will Annexed of the Estate of Edith A. Balch PURPOSE: Roadway AREA AFFECTED: North and West 30 feet of the NE 1/4 of the NE 1/4 of the SE 1/4 RECORDING NO: 4915115 5) Reservations and exceptions contained in deed from Northern Pacific Railroad Company: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same. RECORDING NO: 241250 AFFECTS: Portion of the North 1/2 of the NE 1/4 of the SE 1/4 of Section 15, Township 23 North, Range 5 East NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. 6) Right to make necessary slopes for cuts or fills upon property herein described as granted in deed: RECORDED: May 31, 1962 RECORDING NO: 5433530 GRANTEE: County of King AFFECTS: Westerly portion abutting right-of-way 144th Avenue Southeast(Portion of the NW, NE and SE of Section 15, Township 23 North, Range 5 East) 7) Easement and the terms and conditions referenced therein, including but not limited to, the following: GRANTEE: Pacific Northwest Bell Telephone Company, a Washington corporation PURPOSE: Pole line AREA AFFECTED: The Westerly 10 feet and the Southerly 10 feet (Portion of the North 1/2 of the NW 1/4 of the SW 1/4 of Section 14, Township 23 North, Range 5 East) RECORDED: October 5, 1979 *409 34 Exhibit C Form of Parks and Open Space Transfer Agreement RECORDING NO.: 7910050605 8) Easement and the terms and conditions referenced therein, including, but not limited to, the following: GRANTEE: Pacific Northwest Bell Telephone Company PURPOSE: A pole line, and underground communication lines AREA AFFECTED: The West 10 feet and the South 10 feet of the West 240 feet(Portion of the North 1/2 of the NW 1/4 of the SW 1/4 of Section 14, Township 23 North, Range 5 East) RECORDED: September 10, 1981 RECORDING NO: 8109100350 9) Exceptions and reservations contained in deed: FROM: Ellen H. Waters, formerly Ellen Hammer, as her separate estate DATED: April 1, 1953 RECORDED: January 11, 1962 RECORDING NO: 5373681 AS FOLLOWS: Except coal and minerals AFFECTS: Portion of the North 1/2 of the NW 1/4 of the SW 1/4 of Section 14, Township 23 North, Range 5 East NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine Nor matters which may affect the lands or rights so reserved. PIN # 5104200670—Parcel D Tract identified as "Park" in Plat of Maple Ridge, as per plat recorded in volume 86 of Plats, page 85, records of King County, Washington. PIN # 1523059185— Parcel A The NW 1/4 of the SW 1/4 of the NE 1/4 of the SE 1/4 of Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT the West 30 feet as deeded to King County for road under King County Recording No. 5433530. SUBJECT TO: Covenants, conditions and restrictions contained in instrument recorded under recording No. 241250; Right to enter said premises as per instrument recorded under Recording No. 3168309; Right to make necessary slopes for cuts or fills upon said premises. PIN # 1523059185- Parcel A (additional) The East 1/2 of the SW 1/4 of the NE /14 of the SE 1/4 of Section 15, Township 'tow 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT that 35 Exhibit C Form of Parks and Open Space Transfer Agreement portion platted as Maple Ridge, according to plat recorded in Volume 86 of Plats, pages 85 and 86, in King County, Washington; EXCEPT the East 30 feet thereof. *NO SUBJECT TO: Right of the public to make necessary slopes for cuts or fills. Exceptions and Reservations as contained in Deed recorded under Recording No. 241250. PIN # 1523059230 — Parcel E (POR. OF CEDAR RIVER TO LAKE SAMMAMISH TRAIL WITHIN MAPLEWOOD PARK) That portion of the North 1/2 of the NE 1/4 of the SE 1/4 of Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington, and of the North 1/2 of the NW 1/4 of the SW 1/4 of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the Southwest corner of the North 1/2 of the NE 1/4 of the SE 1/4 of said Section 15; thence South 88-21-32 East along the South line of said subdivision 530 feet to the TRUE POINT OF BEGINNING; thence Northeasterly to the intersection of the North line of the South 30 feet of said subdivision with the Northerly projection of the West line of Briarwood Lane, according to the plat thereof recorded in Volume 104 of Plats, pages 30 and 31, in King County, Washington; thence South 88-21-32 East parallel with the South line of said subdivision to the East line thereof; thence South 88-08-40 East parallel with the South line of the North 1/2 of the NW 1/4 of the SW 1/4 of said Section 14 to an intersection with the Northerly projection of the East line of 148th Place Southeast; thence North 01-51-20 East along said projected line 35 feet; thence along the arc of a curve to the left having a radius of 275 feet through a central angle of 55-16-24 265.29 feet to a point of reverse curve; thence along the arc of said curve to the right having a radius of 225 feet through a central angle of 54- 03-17 212.27 feet to a point of tangency, which point is referred to hereinafter as Point "A"; thence North 00-38-13 East along a line 25 feet East of and parallel with the West line of said Section 14 to the North line of the SW 1/4 thereof; thence South 87-58-50 East along said North line 30 feet; thence South 00-38-13 West parallel with the West line of said section to a point 30 feet South 87-58-50 East of Point "A"; thence along the arc of a tangent curve to the left having a radius of 195 feet through a central angle of 54-03-17 183.97 feet to a point of reverse curve; thence along the arc of said curve to the right having a radius of 305feet through a central angle of 55-16-24 294.23 feet to a point of tangency; thence Sough 01-51-20 West 65 feet, more or less, to the South line of the North 1/2 of the NW 1/4 of the SW 1/4 of said Section 14; thence North 88-08-40 West along said South line to the SW corner of said subdivision; thence North 88-21- 32 West along the South line of the North 1/2 of the NE 1/4 of the SE 1/4 of said Section 15 to the TRUE POINT OF BEGINNING. SUBJECT TO: 1) Easement and the terms and conditions thereof: Notoi 36 Exhibit C Form of Parks and Open Space Transfer Agreement GRANTEE: Washington Natural Gas Company, a Washington ""' Corporation PURPOSE: To construct, install, operate, maintain, protect, improve, repair, replace and abandon in place said gas pipeline or pipelines, together with the non-exclusive right of access to and from said property AREA AFFECTED: Portion of said premises and other property RECORDED: September 23, 1991 RECORDING NO: 9109230160 2) Easement and the terms and conditions referenced therein, including but not limited to, the following: RESERVED BY: The National Bank of Seattle, Commerce of Seattle, as executor of the estate of D. Dierssen, deceased PURPOSE: Roadway AREA AFFECTED: The North 30 feet and the East 30 feet(Portion of NW, NE, and SW of Section 15, Township 23, Range 5 East) DATED: October 25, 1944 RECORDED: November 27, 1944 RECORDING NO: 3431119 3) Easement and the terms and conditions thereof: RESERVED BY: Seattle-First National Bank, a national banking association, as Executor of the Estate of Edith A. Balch, and Fred W. Darnell, Administrator with Will Annexed of the Estate of Edith A. Balch PURPOSE: Roadway AREA AFFECTED: North and West 30 feet of the NE 1/4 of the NE 1/4 of the SE 1/4 RECORDING NO: 4915115 4) Reservations and exceptions contained in deed from Northern Pacific Railroad Company: Reserving and excepting from said lands so much or such portions thereof as are or may be mineral lands or contain coal or iron, and also the use and the right and title to the use of such surface ground as may be necessary for mining operations and the right of access to such reserved and excepted mineral lands, including lands containing coal or iron, for the purpose of exploring, developing and working the same. RECORDING NO: 241250 AFFECTS: Portion of the North 1/2 of the NE 1/4 of the SE 1/4 of Section 15, Township 23 North, Range 5 East NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. 'err 37 Exhibit C Form of Parks and Open Space Transfer Agreement 5) Right to make necessary slopes for cuts or fills upon property herein described as granted in deed: RECORDED: May 31, 1962 RECORDING NO: 5433530 RANTEE: County of King AFFECTS: Westerly portion abutting right-of-way 144th Avenue Southeast(Portion of the NW, NE and SE of Section 15, Township 23 North, Range 5 East) 6) Easement and the terms and conditions thereof: GRANTEE: Pacific Northwest Bell Telephone Company, a Washington corporation PURPOSE: Pole line AREA AFFECTED: The Westerly 10 feet and the Southerly 10 feet (Portion of the North 1/2 of the NW 1/4 of the SW 1/4 of Section 14, Township 23 North, Range 5 East) RECORDED: October 5, 1979 ECORDING NO.: 7910050605 7) Easement and the terms and conditions thereof: GRANTEE: Pacific Northwest Bell Telephone Company PURPOSE: A pole line, and underground communication lines AREA AFFECTED: The West 10 feet and the South 10 feet of the West 240 feet(Portion of the North 1/2 of the NW 1/4 of the SW 1/4 of Section 14, Township 23 North, Range 5 East) RECORDED: September 10, 1981 RECORDING NO: 8109100350 8) Exceptions and reservations contained in deed: FROM: Ellen H. Waters, formerly Ellen Hammer, as her separate estate DATED: April 1, 1953 RECORDED: January 11, 1962 RECORDING NO: 5373681 AS FOLLOWS: Except coal and minerals AFFECTS: Portion of the North 1/2 of the NW 1/4 of the SW 1/4 of Section 14, Township 23 North, Range 5 East NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. 38 Exhibit C Form of Parks and Open Space Transfer Agreement Exhibit B-2 tour SIERRA HEIGHTS PARK (including Honey Dew Parcels) That portion of Government Lot 2, Section 4, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the Southeast corner of said Government Lot 2; thence North 1-36-00 East along the East line thereof 333.76 feet to the intersection with the centerline of the Puget Sound Power and Light Company's Transmission Line right of way and the true point of beginning of this description; thence North 1-36-00 East 216.24 feet; thence North 88-19-05 West parallel with the South line of said Government Lot 2 to the Easterly line of the plat of Western Hills, according to plat recorded in Volume 81 of Plats, Pages 4 and 5, in King County, Washington; thence South 09-44-45 East along said Easterly line to the North line of the South 30 feet of said Government Lot 2; thence South 88-19-05 East along said South line to the center line of said Puget Sound Power and Light Company Transmission Line right of way; thence North 36-26-43 East along said center line to the true point of beginning. TOGETHER WITH an easement for ingress and egress and the maintenance thereof 30 feet in width extending from the Northwesterly corner of the above described property over the Westerly 30 feet of the Southwesterly portion of Government Lot 2 lying immediately North of the above described property and immediately adjacent to, and Easterly of, the plat of Western Hills, `o"' to a line running from the Easterly extension of the Northerly boundary of S.E. 98th Street. SUBJECT TO: Easement for electric transmission line granted by instrument recorded March 10, 1947, under Auditor's File No. 3664560; and by instrument recorded February 14, 1975, under Auditor's File No. 7502140608; Easement for pipeline and appurtenances thereto, recorded May 5, 1964 under Auditor's File No. 5731987; Easement for electric transmission line, recorded February 7, 1929 under Auditor's File No. 2516604. Honey Dew Park Parcels: PIN #0428000290 and part of PIN#0428000095 Those portions of Albert Balch's Sierra Heights No. 4, according to the plat recorded in volume 61 of Plats, page 18, in King County, Washington, and shown thereon as Puget Sound Power& Light Company Transmission Line RNV and Bonneville Transmission Line Easement, described as follows: Beginning at the most Westerly corner of Lot 1, Block 5, of said plat; thence North 09-47-00 West to the most Southerly corner of Lot 6 in Block 4 of said plat; thence North 36-26-43 East to the most Easterly corner of Lot 3 in Block 3 of said plat; thence North 09-47-00 West to the Northeast corner of said Block 3; thence South 88-19-05 East along the South line of S.E. 100th Street as shown on said plat to the Northwest corner of Lot 2 in Block 1 loare thence South 36-26-43 West to the most Westerly corner of Lot 5 in 39 Exhibit C Form of Parks and Open Space Transfer Agreement said Block 1; thence South 9-47-00 East to the Southwest corner of said Block 1; thence Westerly along the Northerly line of S.E. 104th Street, as shown on said plat to the most Easterly corner of Block 2 thereof; thence North 09-47-00 West to the most Northerly corner of Lot 1 in said Block 2; thence South 36-26-43 West to the point of beginning. SUBJECT TO: Easement for pipeline right of way granted to Olympic Pipeline Company by instrument recorded May 27, 1974, under Recording No. 7405270448 An additional portion of PIN#0428000095 Honey Dew Parcel: Lot 19, Block 1, Albert Balch's Sierra Heights No. 4, according to the plat thereof recorded in volume 61 of Plats, page 19, records of King County, Washington, LESS the North 80 feet thereof. 40 Exhibit C Form of Parks and Open Space Transfer Agreement Exhibit B-3 CEDAR TO SAMMAMISH TRAIL SITE PARCEL A— TAX PARCEL NO. 142305-9063 The East 518.01 feet of the North half of the Northeast quarter of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington: EXCEPT the South 150 feet of the East 420.01 feet; AND EXCEPT the North 250 feet of the West 165 feet; AND EXCEPT the East 30.01 feet for 156th Avenue S.E.; AND EXCEPT the North 42 feet for S.E. 128th Street; AND EXCEPT that portion conveyed to King County by Deeds recorded under Recording Numbers 8707280811, 8707280812, 8707280813, 8707280814, and 8707280815. SUBJECT TO: The right to make necessary slopes for cuts or fills upon property herein described as granted in deed to King County, which deed was recorded on July 8, 1964, under King County Recording No. 5758686; and The right to make necessary slopes for cuts or fills upon property herein described as granted in deed to King County, which deed was recorded on July 28, 1987, under King County Recording No. 8707280811. (Said document was also recorded under King County Recording Nos. 8707280813, 8707280814, and 8707280815. '' PARCEL B — TAX PARCEL NOS. 142305-9071 & 142305-9072 The North half of that portion of the South half of the Northeast quarter of the Northwest quarter of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington, lying North of the South 30 feet of said subdivision; EXCEPT the East 30.01 feet thereof for 156th Avenue SE; TOGETHER WITH an easement for ingress and egress over the South 30 feet of the Northeast quarter of the Northwest quarter of said Section; EXCEPT the East 30 feet thereof; TOGETHER WITH an easement for ingress, egress and utilities over, across and upon the West 30 feet of the Northeast quarter of the Northwest quarter of said Section; EXCEPT the North 30 feet; AND EXCEPT the South 30 feet. SUBJECT TO: Easement for road and utilities, and conditions contained therein, affecting the Westerly 30 feet of said premises, as disclosed by instrument recorded on April 27, 1969, under King County Recording No. 5872161; and Easement for installation and maintenance of the drainfield portion of an on-site sewage disposal system, and conditions contained therein, as disclosed by instrument recorded on October 6, 1983, under King County Recording No. 8310060867. 41 Exhibit C Form of Parks and Open Space Transfer Agreement Exhibit B-4 MAY CREEK PARCELS Parcel A (Por. of TA#042305-9304) Beginning at the Northwest corner of Section 4, Township 23 North, Range 5 East, W.M., and proceeding thence South 88°15'36" East 772.69 feet along the Northerly line of said Section 4 to the True Point of Beginning; thence continuing South 88°15'36" East 369.97 feet along said Northerly line of Section 4; thence South 0°53'31" West 547.77 feet to the Northerly right of way line of Southeast 97th Street (Northeast 27th Street); thence along said right of way line the following five courses and distances: Thence North 50°57'18" West 61.18 feet; thence North 52°16'15" West 132.41 feet; thence North 45°28'12" West 108.50 feet; thence North 81°48'09" West 119.78 feet; thence South 66°17'54" West 20.37 feet; thence on a line parallel to the East line of the Northwest 'A of the Northwest 1/4 of said Section 4, North 0°53'31" East 354.44 feet to the True Point of Beginning and lying within the Northwest 'A of the Northwest 1/4 of Section 4, Township 23 North, Range 5 East, W.M.; Situate in the City of Renton, County of King, State of Washington. SUBJECT TO: Easement recorded under Auditor's File No. 6237287. Parcel B (Por. of TA#042305-9304) Beginning at the Northwest corner of Section 4, Township 23 North, Range 5 East, W.M., to the True Point of Beginning and proceeding thence South 88°15'36" East 772.69 feet along the North line of said Section 4; thence South 0°53'31" West 354.44 feet to the North right of way line of Northeast 27th Street; thence Westerly along said North right of way line the following five courses and distances: South 66°17'54" West 88.51 feet; thence North 89°09'02" West 183.72 feet; thence North 60°28'29" West 144.56 feet; thence South 89°40"4" West 297.35 feet; thence North 82°45'16" West 41.31 feet to a point 41.00 feet East of the West line of said Section 4; thence North 0°31'03" East 41.28 feet; thence North 82°45'16" West 41.28 feet to the West line of said Section 4; thence North 0°31'03" East 289.51 feet along the West line of said Section 4 to the True Point of Beginning; containing 273,528 square feet of land, more or less, and lying within the Northwest 'A of the Northwest 1/4 of Section 4, 42 Exhibit C Form of Parks and Open Space Transfer Agreement Township 23 North, Range 5 East, W.M.; Situate in the County of King, *New State of Washington. SUBJECT TO: Easement disclosed by instrument recorded under Auditor's File No. 5158227; Easement to the City of Seattle recorded under Auditor's File No. 2490115. Parcel C (Por. of TA#042305-9304) That portion of the Northwest 1/4 of the Northwest ' of Section 4, Township 23 North, Range 5 East, W.M., King County, Washington, lying Northerly of Southeast 97th Street(Northeast 27th Street), described as follows: Beginning on the Northerly line of said Southeast 97th Street at its intersection with the West line of said Section; thence North, along the West line of said Section, 41 feet; thence East 1 foot; thence South 40 feet; thence East 40 feet; thence South 1 foot; thence West 41 feet to the Point of Beginning. Contains an area of 82 square feet, or 0.002 acres, more or less. Parcel D (Por. of TA#042305-9304) That portion of Section 4, Township 23 North, Range 5 East, W.M.; Beginning 1 foot North of now existing County Road and 1 foot East of some West line of Section; thence North 40 feet; thence East 40 feet; thence South 40 feet; thence West 40 feet to the beginning. Parcel E (TA#042305-9315) That portion of the East 1,111.28 feet of the Northeast 1/4 of the Northwest IA of Section 4, Township 23 North, Range 5 East, W.M., lying Westerly of 120th Place Southeast and Northerly of Southeast 97th Street, King County. Situate in the City of Renton, County of King, State of Washington. Parcel F (Por. of TA#322405-9052) The South 1/2 of — All that portion of the Pacific Coast R. R. Co.'s Newcastle Branch line right of way, being a strip of land 100 feet in width 50 feet of such width lying on either side of the right of way center line as the same is located over and across the Southwest 1/4 of the Southeast '/ of Section 32, Township 24 North, Range 5 East, W.M., in King County, Washington, and having for its Easterly and Westerly termini the extensions Northerly in straight lines of the East and West lines of Tract 52, C. D. Hillman's Lake Washington Garden of Eden, Division No. 1; situate in the County of King, State of Washington. 43 Exhibit C Form of Parks and Open Space Transfer Agreement Parcel G (Por. of TA#322405-9052) *.0010 Beginning at the South quarter corner of Section 32, Township 24 North, Range 5 East, W.M., and proceeding thence North 57°56'03" East 643.40 feet to the intersection of the Southerly right of way line of the C & P SRR (abandoned) with the Northwest corner of Lot 52 of Lake Washington Garden of Eden Division No. 1, as per plat recorded in Volume 11 of Plats, page 63; thence North 2°05'47" East 641.47 feet along the Westerly side of Lot 55 to the Southwesterly right of way line of Jones Avenue Northeast; thence along the Southwesterly right of way line the following two courses and distances: North 73°24'52" West 117.10 feet, thence along a curve to the right whose long chord bears North 71°32'56" West, having a radius of 507.68 feet through a central angle of 3°43'53" a distance of 33.06 feet to the True Point of Beginning; thence along the same curve to the right whose long chord bears North 65°07'48" West having a radius of 507.68 feet through a central angle of 9°07'27" a distance of 80.69 feet; thence South 2°12'22" East 33.19 feet along the Easterly right of way of Gensing Avenue to the intersection with the center line of vacated Eighth Avenue; thence South 89°25'06" East 71.86 feet along the said center line of vacated Eighth Avenue to the True Point of Beginning and lying within the Southwest 1 of the Southeast '/ of Section 32, Township 24 North, Range 5 East, W.M.; Situate in the City of Renton, County of King, State of Washington. ,,,,r,i' Parcel H (Por. of TA#334210-3380) The East 165 feet of Tract 371 of C. D. Hillman's Lake Washington Garden of Eden Addition, Division No. 6, to the City of Seattle, as per plat recorded in Volume 11 of Plats, on page 84, records of King County; EXCEPT therefrom that portion for Southeast 91st Street; EXCEPT therefrom May Valley Logging Co. right of way; EXCEPT all coal and minerals and the right to explore for and mine the same. TOGETHER WITH an easement for ingress and egress as provided in Agreement recorded under Auditor's File No. 7503210045. SUBJECT TO: Easements and the terms and conditions thereof as disclosed under Recording Nos. 4332559 and 6233066; Covenant to bear equal share in the cost of construction or repair of road, easement for which was granted over adjacent property by instrument recorded under Recording No. 7503210045; Underground Utility Easement as disclosed under Recording No. 7712190875. Parcel I (Por. of TA#334210-3380) 44 Exhibit C Form of Parks and Open Space Transfer Agreement That portion of the South 1/2 of the Southeast '/ of Section 32, Township Nkape 24 North, Range 5 East, W.M., in King County, Washington, described as follows: Commencing at the Southeast corner of said Section 32, and proceeding thence North 78°37'15" West 1,343.26 feet to the Northeast corner of Lot 53 of C. D. Hillman's Lake Washington Garden of Eden Addition to Seattle, Division No. 1, according to the plat recorded in Volume 11 of Plats, page 63, in King County, Washington; thence along the Northerly line of said Lot 53, along a curve to the left having a radius of 640.67 feet through a central angle of 19°53'40" a distance of 222.68 feet; thence North 71°13'36" West 177.38 feet to the Northwest corner of said Lot 53; thence North 1°51'03" East 104.38 feet to the Southwest corner of Lot 54 of said C. D. Hillman's Lake Washington Garden of Eden Addition to Seattle, Division No. 1; thence along the Southerly line of said Lot 54 along a curve to the right having a radius of 1,109.34 feet through a central angle of 0°56'54" a distance of 18.36 feet; thence South 71°13'36" East 189.40 feet; thence along a curve to the left having a radius of 540.67 feet through a central angle of 20°21'53" a distance of 192.42 feet to the Southeast corner of said Lot 54: thence South 1°25'08" West 100.12 feet to the True Point of Beginning. SUBJECT TO: Reservations contained in deed recorded February 18, 1943, under Auditor's No. 3292553, excepting therefrom all mineral rights. An Easement affecting a portion of said premises for electric transmission line recorded October 27, 1939, under Auditor's No. 3070389. Parcel J (TA#334210-3515) That portion of Tract 67 of Hillman's Lake Washington Garden of Eden Addition, to the City of Seattle No. 1, as per plat, recorded in Volume 11 of Plats, on page 63, records of King County, lying Easterly of Section State Highway #2-A, as conveyed to State of Washington by deed recorded under Auditor's File No. 4678770 and Westerly of 108th Avenue Southeast as conveyed to King County by deed recorded under Auditor's File No. 4148580; TOGETHER WITH that portion of Tracts 68 and 69, of Hillman's Lake Washington Garden of Eden Addition to the City of Seattle No. 1, as per plat, recorded in Volume 11 of Plats, on page 63, in King County, Washington, lying East of State Highway right of way; EXCEPT portion of Tracts 68 and 69, conveyed to King County for road under Deed recorded under Auditor's File No. 4102308; EXCEPT the Southerly 85 feet of the Westerly 437.84 feet of said Tract 68; AND EXCEPT that portion of Tract 45 owarassrassormatatistw Exhibit C Form of Parks and Open Space Transfer Agreement 68 lying Easterly of 108th Avenue Southeast, also known as Jones NesolO Avenue; Situate in the County of King, State of Washington. SUBJECT TO: Easement recorded under Auditor's File No. 4601481. Relinquishment of right of access to State Highway and of light, view and air, under terms of deed to the State of Washington recorded April 3, 1956, under Auditor's File No. 4678770. Relinquishment of right of access to highway and of light, view and air, under terms of deed to the State of Washington, recorded May 24, 1956, under Auditor's File No. 4695952. Right to make necessary slopes for cuts or fills upon property herein described as granted by deed recorded under Auditor's File Nos. 4148580 and 4102308. Parcel K (Por. of TA#334270-0557) That portion of Lots 111 and 112 in Hillman's Lake Washington Garden of Eden Addition to Seattle No. 2, a per plat recorded in Volume 11 of Plats, page 64, records of King County, Washington, lying Easterly of Interstate Highway No. 405, lying within the following described tract: Beginning at the South quarter corner of Section 32, Township 24 North, Range 5 East, W.M.; thence North 1°02'55" East 2,655.19 feet to the Southeast corner of Lot 119 in said plat; thence North 1°41'46" East along the East line of said plat 659.56 feet to the Southeast corner of the vacated North 1/2 of Southeast 86th Street (Griffith Avenue) and the True Point of Beginning; thence North 1°41"46" East along the East line of said plat 346.01 feet to the Northeast corner of Lot 111; thence North 89°43'19" West along the North line of said Lot 111 a distance of 214.63 feet to the Easterly right of way line of Interstate Highway No. 405; thence South 4°35'54" West along said Easterly line 320.84 feet; thence South 89°26'39" East 49.66 feet; thence South 4°36'30" West 25.07 feet to the South line of vacated North 1/2 of Southeast 86th Street; thence South 89°26'39" East along the South line of said vacated North 1/2 of Southeast 86th Street a distance of 182.47 feet to the True Point of Beginning; TOGETHER WITH that portion of Lots 114 and 115 of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 2, as per plat recorded in Volume 11 of Plats, page 64, records of King County, Washington, lying Easterly of Interstate Highway No. 405, as condemned in King County Superior Court Cause No. 493757, described as follows: Beginning at the South quarter corner of Section 32, Township 24 North, Range 5 East, W.M.; thence North 1°02'55" East 2,655.19 feet to the Southeast corner of Lot 119 in said plat; thence North 1°41'46" East along 46 Exhibit C Form of Parks and Open Space Transfer Agreement the East line of said plat 420.56 feet to the Southeast corner of said Lot `"'r"' 115 and the True Point of Beginning; thence North 1°41'46" East 214.00 feet to the Southerly line of Southeast 86th Street (Griffith Avenue); thence North 89°26'39" West along the Southerly line of said Southeast 86th Street 183.75 feet to the Easterly right of way line of Interstate Highway No. 405; thence South 4°36'30" West along said Easterly line of said Highway 213.97 feet; thence South 89°15'32" East 194.61 feet to the True Point of Beginning; EXCEPT the North 25 feet of said Lot 114 conveyed to the City of Renton by Deed recorded March 8, 1962, under Auditor's File No. 5396346; Situate in the County of King, State of Washington. SUBJECT TO: Permit dated September 17, 1957, for ingress and egress, by instrument recorded under Auditor's file No. 4837878. Relinquishment of right of access to State Highway and of light, view, and air, under terms of deed to the State of Washington recorded under Auditor's File No. 4673373. Parcel L (Por. of TA#334270-0557) That portion of Lot 113 of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 2, as per plat recorded in Volume 11 of Plats, on page 64, records of King County, lying Easterly of State Highway No. 2-A; TOGETHER WITH that portion of vacated North 1/2 of Southeast 86th Street (Griffith Avenue) adjoining, which upon vacation, attached to said property by operation of law; Situate in the City of Renton, County of King, State of Washington SUBJECT TO: Permit for ingress and egress recorded under Auditor's File No. 4837878; Relinquishment of right of access to State Highway recorded under Auditor's File No. 4673373. law 47 Exhibit C Form of Parks and Open Space Transfer Agreement Exhibit B-5 MAPLEWOOD HEIGHTS PARK The North half of the Southwest quarter of the Southeast quarter of Section 13, Township23 North, Range 5 East, W.M., in King County, Washington. TITLE EXCEPTIONS: 1. Easement for sewer trunk line in favor of King County Water District No. 90, Recording Number 7606240571 2. Terms and conditions of King County Council Motion No 2113, authorizing the King County Executive to enter into an easement for sewer trunk line with King County Water District No. 90, Recording Number 7609030617. 3. Easement for sewer and water mains in favor of King County Water District No. 90, Recording Number 7611220588. MATTERS TO BE RESERVED: 1. Agreement pertaining to a waiver of damages for surface drainage in favor of King County, Recording Number 4815287. 2. Project agreement with the State of Washington pertaining to a grant for ' # funding assistance for the acquisition of the subject property, Recording Number 6671652. 3. Deed of right to use land for public recreation purposes with the State of Washington, Recording Number 7201110493. 4. Restrictive easement in favor of the United States of America, Recording Number 7301050336. .,1101 48 Exhibit C Form of Parks and Open Space Transfer Agreement Exhibit B-6 GREENBELT PROPERTIES i. Tract A, BRIAR HILLS, as recorded in Volume 100 of Plats, page 058, records of King County, Washington SUBJECT TO: conditions of deed as conveyed to King County by deed recorded under Auditor's File No. 7705060672 (Tax Account No. 107200-0450) ii. Tract A, BRIARWOOD WEST, as recorded in Volume 93 of Plats, pages 91 through 92, records of King County, Washington SUBJECT TO: conditions of deed as conveyed to King County by deed recorded under Auditor's File No. 7205120476 (Tax Account No. 108180-0510) iii. Tract B, BRIAR RIDGE, as recorded in Volume 113 of Plats, pages 60 through 61, records of King County, Washington SUBJECT TO: conditions of plat as dedicated to King County by plat recorded under Auditor's File No. 7912180575 (Tax Account No. 107945-0470) low iv. Tract A, BRIARWOOD SOUTH NO. 6, as recorded in Volume 097 of Plats, pages 68 through 69, records of King County, Washington SUBJECT TO: conditions of deed as conveyed to King County by deed recorded under Auditor's File No. 7504150425 (Tax Account No. 108133-0420) lose 49 Exhibit C Form of Parks and Open Space Transfer Agreement '+ark Exhibit B-7 Trail/Walkway Properties Tract B, CAROLWOOD, as recorded in Volume 111 of Plats, pages 099 through 100, records of King County SUBJECT TO: conditions of plat as dedicated to King County by plat recorded under Auditor's File No. 7908280585 (Tax Account No. 139750-unassigned) Tract B, SERENA PARK, as recorded in Volume 124 of Rats, pages 072 through 073, records of King County, Washington SUBJECT TO: conditions of plat as dedicated to King County by plat recorded under Auditor's File No. 8308090502 (Tax Account No. 769550-5555) An easement for public trail or walkway purposes dedicated as set forth in CEDAR RIVER BLUFF, as recorded in Volume 172 of Plats, pages 053 through 056, records of King County, Washington. 50 Exhibit C Form of Parks and Open Space Transfer Agreement EXHIBIT C-1 Maplewood Heights Trail Easement A. King County reserves to itself, its successors and assigns, a permanent perpetual nonexclusive easement ("Easement") for a public, multi-purpose hard and/or soft-surface regional trail ("Trail") for public pedestrian, bicycle and other non-motorized uses, over, through, along, and across certain parcels of land situated in Maplewood Park. The Easement shall ultimately be a strip of land generally 30 feet in width, centered on an alignment to be determined by the parties pursuant to the terms of this Easement. The area subject to the Easement shall be referred to herein as the"Trail Corridor." B. The Trail Corridor shall enter Maplewood Park (hereinafter the "Property") on the northern boundary of the Property and shall exit the Property at the Southern boundary of the Property, all within an area 300 feet to the west of the eastern boundary of the Property. Aside from these entry and exit points, the County and Grantee shall consult with one another in good faith to reach agreement on the precise location of the Trail Corridor within the Property. The County and Grantee will seek to agree to the precise location for the Trail Corridor that best serves the public interest in an integrated recreational facility that combines a regional trail and the City's park and recreation improvements on the site, including active recreation facilities and passive recreation. C. The Trail Corridor shall allow for vehicular crossing(s), if needed, in order to accommodate the City's park development plans, so long as safety issues relating to the crossing(s) are adequately addressed. Should City proceed to construction of a vehicle access prior to the County or the City constructing the Trail, City shall coordinate with the County to ensure that the design and construction of the access is compatible with the Trail and Trail crossing. D. Selection of the location of the Trail Corridor shall occur as follows: 1. To avoid prematurely eliminating from consideration any area that is suitable for the Trail Corridor, the County and City shall reach agreement on the precise location of the Trail Corridor before making any permanent improvements to the Property unless the County and City agree in writing to the installation of such improvements. Such improvements will be appropriate if the improvements are to be located outside the Trail Corridor. If either Party commences its planning process for its respective facilities in the Property, including construction of the Trail by either party, the other Party will participate in good faith to attempt to avoid delaying that planning process. 2. If the parties agree to the location of the Trail Corridor at a general planning level of detail or at any other stage of planning prior to preparation of plans at a schematic design level of detail, the Trail Corridor will initially be 100 feet in width, and shall remain 100 feet in width until construction of the Trail is completed. The 100 foot itiesse width will allow the County(or City, in event City is constructing the Trail) to prepare 51 Exhibit C Form of Parks and Open Space Transfer Agreement schematic designs that account for the specific physical characteristics of the land within the Trail Corridor, and to construct the trail. After construction is completed, the Trail Corridor will be generally 30 feet in width, but shall be wider in areas where additional width is needed to accommodate trail amenities and all necessary slopes for cuts and fills for the trail, or to install drainage or detention facilities or other facilities required by a permitting agency that support or provide mitigation for the trail that cannot reasonably be located within the 30 foot width. 3. If the parties agree to the location of the Trail Corridor at a schematic design level of detail for the Trail, the Trail Corridor will be generally 30 feet in width, but shall be wider in areas where additional width is needed to accommodate trail amenities, make all necessary slopes for cuts and fills for the Trail, or to install drainage or detention facilities or other facilities required by the permitting agency that support or provide mitigation for the regional trail that cannot reasonably be located within the 30 foot width. 4. When the parties reach agreement on the location of the Trail Corridor, this Easement shall be amended to add a legal description defining the location of the Trail Corridor. Such amendment may occur more than once if the parties agree to an initial 100 foot wide Trail Corridor that is subsequently narrowed to a generally 30 foot wide Trail Corridor. E. The County and City shall consult with one another during the design of any drainage or detention facilities for each entity's respective improvements in the Property, to explore whether such facilities could be shared. F. This Easement includes the right of access for ingress and egress across the Property to the Trail Corridor, the right to make all uses of the Trail Corridor for improvement, construction, alteration, repair, maintenance, trail-related utilities and operation of a public Trail, the right to make all necessary slopes for cuts and fills for a Trail, and the right to use motorized vehicles for the improvement, construction, alteration, repair, maintenance and operation of a Trail and for emergency or(until such time as the Trail is within the corporate limits of the City) law enforcement purposes. Nothing in this Easement shall be limited in any way if the City, consistent with the terms herein, chooses to construct and/or maintain the Trail within the Property. G. This Easement shall further include the temporary right during construction to stage construction activities on the Property in and around the Trail Corridor as necessary to construct the Trail. Such use shall not commence until the party undertaking the construction has prepared a restoration plan for the affected land, the surface of which shall be restored as nearly as possible to the condition in which it existed prior to construction. H. If the County undertakes construction of the Trail, the County shall be responsible for the cost of all Trail and related facilities design, construction, repair and replacement. If the City wishes to undertake construction of the Trail on the Property, it shall first notify the County in writing not less than 12 months prior to initiation of construction, which notice shall also set forth a proposed construction schedule. The County may W.r_ 52 Exhibit C Form of Parks and Open Space Transfer Agreement reject the City's construction request if the County has planned to complete the construction of the Trail on the Property prior to the City's proposed construction completion date or if the County otherwise determines that the City's actions would negatively impact the County's construction of trail segments connecting to the Trail on the Property. If the County does not reject the City's request, the City shall be solely responsible for the cost of all Trail and related facilities design and construction on the Property. The Trail shall be constructed in a manner that meets or exceeds County regional trail standards for the regional trail of which this is a portion, and to ensure its integration into the larger County Trail system which connects to the Trail Corridor at the entry and exit points noted on Exhibit D; and shall be undertaken in a manner consistent with the terms of this Easement. Notwithstanding paragraph I below, the City shall also in such event be responsible for maintenance and operation of the Trail consistent with County standards, policies and practices for improved regional trails for until at least such time as the County has completed construction of the adjacent trail segments connecting to the Trail. I. The County shall operate and maintain any constructed trail within the Trail Corridor consistent with County standards, policies and practices for improved regional trails and consistent with adopted budget appropriations. However, at its option, the City may instead operate and maintain the constructed trail, consistent with County standards, policies and practices for improved regional trails and if it so chooses, shall notify the County in writing at least 6 months in advance of such action, indicating the period for which the City intends to be responsible for such maintenance and in such event the City shall be solely responsible for any and all costs and liability associated with the maintenance and operation of the Trail for the period so indicated. In any event the Trail shall be operated and maintained in a manner to ensure its integration into the larger County Trail system. J. City and other non-County improvements in and around the Trail Corridor shall be permitted as follows: 1. The construction, installation or maintenance of structures or improvements, whether temporary or permanent, shall be absolutely prohibited within the 30 foot Trail Corridor and shall be deemed an interference with the County's reserved easement rights unless specifically approved in writing by the County, which approval shall not be unreasonably withheld. Considerations governing approval shall include whether the proposed structure or improvement would interfere with the County's use of the Trail Corridor for trail purposes or would pose any health or safety risks, and the goal of ensuring reasonable integration of City park and County trail facilities. 2. If the City wishes at its sole expense to construct and maintain benches, picnic tables, picnic shelters, water fountains, or signage within 25 feet outside the 30 foot Trail Corridor it may request approval for such improvements from the County, which approval shall be based on safety considerations and shall not be unreasonably withheld. 3. Except as provided under paragraph J.2 above, the construction, installation or maintenance of permanent structures or improvements shall be absolutely prohibited within 25 feet outside of the 30 foot Trail Corridor, and shall constitute an impermissible Ner interference with the County's reserved easement rights. 53 Exhibit C Form of Parks and Open Space Transfer Agreement 4. The County shall retain sole authority over the location, design and number(if any) of any City trails that connect to the Trail within the Property. All other right, title, and interest in the Property that may be used and enjoyed without interfering with the easement rights herein reserved are transferred to the City by this Deed. K. To the extent permitted by law, each party shall protect, defend, indemnify and save harmless the other party, its officials, employees and agents, from any and all costs, expenses, claims, actions, suits, liability, loss,judgments, attorney's fees and/or awards of damages arising out of or in any way resulting from negligent acts, errors, or omissions by the indemnifying party, or its officials, employees or agents in connection with Trail related activities on the Property. If such costs, expenses, claims, actions, suits, liability, loss,judgments, attorney's fees and/or awards of damages are caused by, or result from, the concurrent negligence of the parties, or their officials, employees and agents, this Section shall be valid and enforceable only to the extent of the negligence of each party, its officials, employees and agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of indemnifying party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the indemnified party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnifying party's employees. The parties acknowledge that these provisions were specifically negotiated and agreed by them. L. Any facilities installed by the County under the authority of this Easement shall be consistent with the restrictive covenants reserved by the County in this Deed. M. The easement and agreements contained herein shall be deemed covenants running with the land(subject to the terms hereof) and shall inure to the benefit of and be binding upon County's and City's respective successors and assigns. The exhibits attached hereto are incorporated herein by this reference as if fully set forth. *4109 54 Exhibit C Form of Parks and Open Space Transfer Agreement %"' EXHIBIT C-2 Cedar to Sammamish Trail Site Trail Easement (redlined to show differences from Exhibit C-1) A. King County reserves to itself, its successors and assigns, a permanent perpetual nonexclusive easement("Easement") for a public, multi-purpose hard and/or soft-surface regional trail ("Trail") for public pedestrian, bicycle and other non-motorized uses, over, through, along, and across certain parcels of land situated in the Cedar to Sammamish Trail Site described in this Deed. The Easement shall ultimately be a strip of land generally 30 feet in width, centered on an alignment to be determined by the parties pursuant to the terms of this Easement. The area subject to the Easement shall be referred to herein as the"Trail Corridor." B. The Trail Corridor shall enter the Cedar to Sammamish Trail Site Property conveyed by this deed(hereinafter the "Property") on the north-eastern portion of the Property and shall exit the Property at the southwestern portion of the Property in a manner that will most reasonably facilitate the use of the Property as a connection corridor to adjacent designated trail corridors or equivalent transportation corridors. Aside from these entry and exit points, the County and Grantee shall consult with one another in good faith to reach agreement on the precise location of the Trail Corridor 441■1" within the Property. The County and Grantee will seek to agree to the precise location for the Trail Corridor that best serves the public interest in an integrated recreational facility that combines a regional trail and the City's park and recreation improvements on the site, including active recreation facilities and passive recreation. The parties agree that the Trail Corridor should be sited to avoid wetland or similar areas on the Property that may impose significant additional trail construction costs. C. The Trail Corridor shall allow for vehicular crossing(s), if needed, in order to accommodate the City's park development plans, so long as safety issues relating to the crossing(s) are adequately addressed. Should City proceed to construction of a vehicle access prior to the County or the City constructing the Trail, City shall coordinate with the County to ensure that the design and construction of the access is compatible with the Trail and Trail crossing. D. Selection of the location of the Trail Corridor shall occur as follows: 1. To avoid prematurely eliminating from consideration any area that is suitable for the Trail Corridor, the County and City shall reach agreement on the precise location of the Trail Corridor before making any permanent improvements to the Property unless the County and City agree in writing to the installation of such improvements. Such improvements will be appropriate if the improvements are to be located outside the Trail Corridor. If either Party commences its planning process for its respective facilities in the Property, including construction of the Trail by either party, the 55 Exhibit C Form of Parks and Open Space Transfer Agreement other Party will participate in good faith to attempt to avoid delaying that planning process. ' 2. If the parties agree to the location of the Trail Corridor at a general planning level of detail or at any other stage of planning prior to preparation of plans at a schematic design level of detail, the Trail Corridor will initially be 100 feet in width, and shall remain 100 feet in width until construction of the Trail is completed. The 100 foot width will allow the County(or City, in event City is constructing the Trail) to prepare schematic designs that account for the specific physical characteristics of the land within the Trail Corridor, and to construct the trail. After construction is completed, the Trail Corridor will be generally 30 feet in width, but shall be wider in areas where additional width is needed to accommodate trail amenities and all necessary slopes for cuts and fills for the trail, or to install drainage or detention facilities or other facilities required by a permitting agency that support or provide mitigation for the trail that cannot reasonably be located within the 30 foot width. 3. If the parties agree to the location of the Trail Corridor at a schematic design level of detail for the Trail, the Trail Corridor will be generally 30 feet in width, but shall be wider in areas where additional width is needed to accommodate trail amenities, make all necessary slopes for cuts and fills for the Trail, or to install drainage or detention facilities or other facilities required by the permitting agency that support or provide mitigation for the regional trail that cannot reasonably be located within the 30 foot width. 4. When the parties reach agreement on the location of the Trail Corridor, this Easement shall be amended to add a legal description defining the location of the Trail Corridor. Such amendment may occur more than once if the parties agree to an initial 100 foot wide Trail Corridor that is subsequently narrowed to a generally 30 foot wide Trail Corridor. E. The County and City shall consult with one another during the design of any drainage or detention facilities for each entity's respective improvements in the Property, to explore whether such facilities could be shared. F. This Easement includes the right of access for ingress and egress across the Property to the Trail Corridor,the right to make all uses of the Trail Corridor for improvement, construction, alteration, repair, maintenance, trail-related utilities and operation of a public Trail, the right to make all necessary slopes for cuts and fills for a Trail, and the right to use motorized vehicles for the improvement, construction, alteration, repair, maintenance and operation of a Trail and for emergency or(until such time as the Trail is within the corporate limits of the City) law enforcement purposes. Nothing in this Easement shall be limited in any way if the City, consistent with the terms herein, chooses to construct and/or maintain the Trail within the Property. G. This Easement shall further include the temporary right during construction to stage construction activities on the Property in and around the Trail Corridor as necessary to construct the Trail. Such use shall not commence until the party undertaking the construction has prepared a restoration plan for the affected land, the surface of which 56 Exhibit C Form of Parks and Open Space Transfer Agreement shall be restored as nearly as possible to the condition in which it existed prior to *rilw construction. H. If the County undertakes construction of the Trail, the County shall be responsible for the cost of all Trail and related facilities design, construction, repair and replacement. If the City wishes to undertake construction of the Trail on the Property, it shall first notify the County in writing not less than 12 months prior to initiation of construction, which notice shall also set forth a proposed construction schedule. The County may reject the City's construction request if the County has planned to complete the construction of the Trail on the Property prior to the City's proposed construction completion date or if the County otherwise determines that the City's actions would negatively impact the County's construction of trail segments connecting to the Trail on the Property. If the County does not reject the City's request, the City shall be solely responsible for the cost of all Trail and related facilities design and construction on the Property. The Trail shall be constructed in a manner that meets or exceeds County regional trail standards for the regional trail of which this is a portion, and to ensure its integration into the larger County Trail system which connects to the Trail Corridor at the entry and exit points noted on Exhibit D; and shall be undertaken in a manner consistent with the terms of this Easement. Notwithstanding paragraph I below, the City shall also in such event be responsible for maintenance and operation of the Trail consistent with County standards, policies and practices for improved regional trails for until at least such time as the County has completed construction of the adjacent trail segments connecting to the Trail. New I. The County shall operate and maintain any constructed trail within the Trail Corridor consistent with County standards, policies and practices for improved regional trails and consistent with adopted budget appropriations. However, at its option, the City may instead operate and maintain the constructed trail, consistent with County standards, policies and practices for improved regional trails and if it so chooses, shall notify the County in writing at least 6 months in advance of such action, indicating the period for which the City intends to be responsible for such maintenance and in such event the City shall be solely responsible for any and all costs and liability associated with the maintenance and operation of the Trail for the period so indicated. In any event the Trail shall be operated and maintained in a manner to ensure its integration into the larger County Trail system. J. City and other non-County improvements in and around the Trail Corridor shall be permitted as follows: 1. The construction, installation or maintenance of structures or improvements, whether temporary or permanent, shall be absolutely prohibited within the 30 foot Trail Corridor and shall be deemed an interference with the County's reserved easement rights unless specifically approved in writing by the County, which approval shall not be unreasonably withheld. Considerations governing approval shall include whether the proposed structure or improvement would interfere with the County's use of the Trail Corridor for trail purposes or would pose any health or safety risks, and the goal of Allow ensuring reasonable integration of City park and County trail facilities. 57 Exhibit C Form of Parks and Open Space Transfer Agreement 2. If the City wishes at its sole expense to construct and maintain benches, picnic tables, picnic shelters, water fountains, or signage within 25 feet outside the 30 foot Trail visiS Corridor it may request approval for such improvements from the County, which approval shall be based on safety considerations and shall not be unreasonably withheld. 3. Except as provided under paragraph J.2 above, the construction, installation or maintenance of permanent structures or improvements shall be absolutely prohibited within 25 feet outside of the 30 foot Trail Corridor, and shall constitute an impermissible interference with the County's reserved easement rights. 4. The County shall retain sole authority over the location, design and number(if any) of any City trails that connect to the Trail within the Property. All other right, title, and interest in the Property that may be used and enjoyed without interfering with the easement rights herein reserved are transferred to the City by this Deed. K. To the extent permitted by law, each party shall protect,defend, indemnify and save harmless the other party, its officials, employees and agents, from any and all costs, expenses, claims, actions, suits, liability, loss,judgments, attorney's fees and/or awards of damages arising out of or in any way resulting from negligent acts, errors, or omissions by the indemnifying party, or its officials, employees or agents in connection with Trail related activities on the Property. If such costs, expenses, claims, actions, suits, liability, loss,judgments, attorney's fees and/or awards of damages are caused by, or result from, the concurrent negligence of the parties, or their officials, employees and agents, this Section shall be valid and enforceable only to the extent of the negligence of each party, its officials, employees and agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of indemnifying party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the indemnified party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnifying party's employees. The parties acknowledge that these provisions were specifically negotiated and agreed by them. L. Any facilities installed by the County under the authority of this Easement shall be consistent with the restrictive covenants reserved by the County in this Deed. M. The easement and agreements contained herein shall be deemed covenants running with the land (subject to the terms hereof) and shall inure to the benefit of and be binding upon County's and City's respective successors and assigns. The exhibits attached hereto are incorporated herein by this reference as if fully set forth. 58 Malik Exhibit C Form of Parks and Open Space Transfer Agreement Exhibit D Nov AFTER RECORDING RETURN TO: City of RENTON,Washington QUIT CLAIM DEED GRANTOR—KING COUNTY GRANTEE -CITY OF RENTON LEGAL -- The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of Washington, for and in consideration of mutual benefits, receipt of which is hereby acknowledged, conveys and quit claims unto the Grantee, the CITY OF RENTON, a municipal corporation of the State of Washington, those certain real property interests, as legally described in Exhibit A, attached hereto and made a part of this Deed together with any after-acquired title with the Grantor may acquire: Dated this day of , 200 . KING COUNTY, WASHINGTON %EY BY TITLE STATE OF WASHINGTON ) )SS COUNTY OF KING ) I certify that signed this instrument, on oath stated that he was authorized by the King County Executive to execute the instrument, and acknowledged it as the of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires 'ti4w 59 Exhibit D Drainage Facilities to be Transferred to or Subject to Inspection by City of Renton upon Annexation of East Renton PAA Table A: Stormwater System Facilities to be transferred to City DR# Facility Address Type DR0509 Cemetary Regional Wetland 16400 SE 128th St. Regional Pond DR0555 SE 144th/161 st Ave. NE SE 144th and 161St Av SE Regional Pond DR0546 Puget Colony Homes Ph 1 14200 SE 136th St. Channel DR0547 Puget Colony Homes Ph 2 131500 140th Ave. SE Regional Pond Table B: Commercial Stormwater Facilities to remain in private ownership, but may be inspected by City Facility Name Facility Address Puget Sound Energy-Maplewood Hills SE 128th St./155th Ave. SE KC Water District 90 18239 SE 136th St. Liberty High School 16655 SE 136th St. Lord of Life Lutheran Church 12819 160th Ave. SE Liberty High School Parking Lot 16655 SE 136th St. Water District 90 Treatment Facility#1 18602 SE Jones Rd. 60 Exhibit D continued *o.✓ Table C: Stormwater Facilities Serving Residential Development to be Transferred to City FACILITY NAME FACILITY ADDRESS Maplewood Manor 14042 SE 141st St. Briar Ridge 14409 148th PI. SE Cedar River Bluff 14400 144th Ave. SE Brookshire East 15400 SE 133`d Ct. Willowbrook Lane 13600 152nd PI SE AAA 2YR Bond Highland 13700 154th Ave. SE AAA 2YR Bond Highland 14005 149th PI SE Briar Hills#4 14995 SE 142nd St. Briar Hills#1 14995 SE 142nd St. Briar Ridge 15006 SE 145th PI. Briary Hills#3 15107 SE 145th PI. Ridge Point Estates 15108 SE 145th PI. Briarwood Estates 13028 164th Ave. SE Carolwood 1 &2 15616 SE 143`d PI. Serena Park 16404 SE 143`d Pl. Liberty Lane 16241 SE 137th Pl. Liberty Lane 16203 SE 137th PI. Briar Park#1 14731 160th PI. SE %re Briarwood South #4 16225 SE 145th PI. Serena Park 16712 SE 144th St. Serena Park 14240 164th Ave. SE SP S0988009 17407 SE 136th St. 61 Exhibit E Drainage Facility and Related Property Interests to be Transferred to the City 1.Drainage Related Lands held by King County and Described as Follows: That portion of the East one half of the Southwest quarter of the Northwest quarter of the Northwest quarter of Section 13,Township 23 North,Range 5 East,W.M.,King County,Washington lying Northerly of the following described line: Beginning at the northwest corner of said east one half;thence South 01°54'34" East 145 feet to the True Point of beginning and beginning of said line;thence South 84°11'12"East 120.95 feet;thence South O1°54'34"East 60 feet;thence North 65°37'23"East 147 feet,more or less, to a point which is North 82°21'25"West 70 feet from the East line of said east one half; thence South 82°21'25"East 70 feet and the terminus of said line. (Tax Account No. 132305-9076) That portion of the Northwest quarter of the Northwest quarter of the Northwest quarter of Section 13, Township 23 North,Range 5 East,W.M., King County,Washington described as follows: Beginning at the Southeast corner of the North 333 feet of the West 230 feet of said subdivision,said West 230 feet to be measured parallel with the North line of said subdivision,thence South 2°09'27"East,parallel with the West line of said subdivision,318.19 feet,more or less,to the South line of said subdivision; thence Easterly,along said South line 252.16 feet,more or less,to the West line of the East 168 feet of said subdivision;thence Northerly along said West line 258.44 feet to the South line of the North 393 feet of said subdivision;thence North 89°33'47"West,along said South line 175 feet more or less,to the West line of the East 343 feet of said subdivision; thence Northerly,along said West line 60 feet to the Southwest r corner of the North 333 feet of the East 343 feet of said subdivision; thence North 89°33'47"West 82 feet, more or less,to the point of beginning;TOGETHER WITH an easement for ingress,egress and utilities over the West 40 feet of the East 343 feet of the South 351 feet of the North 393 feet of said subdivision; LESS coal and mineral rights. (Tax Account No. 132305-9090) Commencing at the Northwest corner of the Northwest quarter of the Northwest quarter of the Northwest quarter of Section 13,Township 23 North,Range 5 East,W.M. King County,Washington; thence East 230 feet; thence South 660 feet,more or less,to the South line of said subdivision; thence West 230 feet;thence North 660 feet;EXCEPT the Westerly 30 feet thereof deeded to King County by deed recorded under King County Recording Number 3189344;AND EXCEPT the Northerly 333 feet;LESS coal and mineral rights. (Tax Account No. 132305-9108) That portion of the following described Tract"X"lying Southwesterly of the following described line: Beginning at the Southeast corner of the Northwest quarter of the Northwest quarter of the Northwest quarter of Section 13,Township 23 North,Range 5 East,W.M.,King County,Washington; thence North 02°09'27"West,along the East line of said subdivision, 100 feet to the True Point of Beginning;thence North 87°33'47"West parallel with the South line of said subdivision 45.96 feet; thence North 18°54'48" West 149.98 feet;thence North 62°46'04"West 20.00 feet; thence North 02°09'27"West 58.00 feet; thence North 87°33'47"West 61.19 feet;more or less,to the West line of said Tract and the terminus. Tract"X": The East 168 feet of the Northwest quarter of the Northwest quarter of the Northwest quarter of Section 13,Township 23 North,Range 5 East,W.M., in King County,Washington; EXCEPT the North 245 feet;and EXCEPT the East 30 feet for road purposes;and LESS coal and mineral rights. (Tax Account No. 132305-9135) The South 30 feet of the East 75 feet of Lot 1,Block 1,Cedar Park Five-Acre Tracts; 62 WITH that portion of Lot 2,Block 1,Cedar Park Five-Acre Tracts lying Northeast of the following described line: Beginning at the Northeast corner of Lot 2,Block 1,Cedar Park Five-Acre Tracts; thence Now. North 87°10'11"West,75 feet to the True Point of Beginning;thence South 23°06'34"East,200.58 feet, more or less,to the East line of Lot 2,Block 1,Cedar Park Five-Acre Tracts,according to the Plat thereof recorded in Volume 15 of Plats,Page 91,in King County,Washington. (Tax Account No. 145750-0006) A portion of the West half of the Southwest quarter of the Northwest quarter of the Northwest quarter of Section 13,Township 23,Range 5 East, LESS the West 30 feet thereof lying northerly of the following described line: Beginning at the Northwest corner of the above described property thence South 02°09'27" East along the West line thereof 75 feet to the True Point of Beginning;thence South 68°11'46"East 240 feet; thence North 84°57'26"East 75 feet more or less to the East line of said property and the terminus of said line; LESS coal and mineral rights. (Tax Account No. 132305-9141) Tract A of KING COUNTY SHORT PLAT 988009, Recording number 9211031113 said short plat defined as follows: Lot 4 of King County short plat No. 1281009 filed under recording No. 8305240824 being a portion of Lot 2 of King County short plat No. 776042 filed under recording No. 7612030576 being a portion of the northwest quarter of the southeast quarter, LESS coal and mineral rights. (Tax Account No. 132305-9139) Tract A of King County Short Plat L96S0036 as filed under Recording No.9903319002 said short plat defined as the west half of the southwest quarter of the northwest quarter of the northwest quarter LESS the west 30 feet for road;LESS portion lying north of the following described line—Beginning at the northwest corner of the southwest quarter of the northwest quarter of the northwest quarter thence S02°09'27"E 75 feet to the POINT OF BEGINNING,thence S68°11'46"E 240 feet,thence N84°57'26"E 75 feet more or less to the east line of the west half of the southwest quarter of the northwest quarter of the northwest quarter and terminus of said line. (Tax Account No. 132305-9148) Tract C,SERENA PARK,as recorded in Volume 124 of Plats,pages 072 through 073,records of King yo, County,Washington(Tax Account No. 769550-0370) Tract B,BRIAR HILLS,as recorded in Volume 100 of Plats,page 058,records of King County, Washington(Tax Account No. 107200-0460) Tract A,BRIAR HILLS NO.4,as recorded in Volume 113 of Plats,page 077,records of King County, Washington(Tax Account No. 107203-0540) Tract A,BRIARWOOD SOUTH NO.4,as recorded in Volume 091 of Plats,page 074,records of King County,Washington(Tax Account No. 108131-0320) Tract A,CAROLWOOD,as recorded in Volume 111 of Plats,pages 099 through 100,records of King County,Washington(Tax Account No. 139750-0110) Tract A,LIBERTY LANE,as recorded in Volume 113 of Plats,pages 020 through 021,records of King County, Washington(Tax Account No.430650-0130) Tract A,WILLOWBROOK LANE,as recorded in Volume 170 of Plats,pages 001 through 004,records of King County,Washington(Tax Account No.943275-0210) Tract A,MAPLEWOOD MANOR,as recorded in Volume 106 of Plats,pages 092 through 093,records of King County,Washington(Tax Account No. 512870-0150) Tract A,BRIAR PARK NO. 1,as recorded in Volume 105 of Plats,pages 056 through 057,records of King County,Washington(Tax Account No.107930-0100) Tract A,BRIAR RIDGE,as recorded in Volume 113 of Plats,pages 060 through 061,records of King 'oli+' County,Washington(Tax Account No.107945-0460) 63 Tract N,EVENDELL,as recorded in volume 229 of Plats,pages 034 through 042,records of King County, Washington(Tax Account No. Unassigned) Tract A,RIDGE POINT ESTATES,as recorded in Volume 164 of Plats,pages 084 through 085,records of King County,Washington(Tax Account No. 730290-0180) 2.All drainage easements dedicated to King County or the public in the following recorded plats: ALBERT BALCH'S WHISPERING PINES,as recorded in Volume 070 of Plats,page 051,records of King County,Washington BEACH HOME ESTATES NO. 1,as recorded in Volume 075 of Plats,page 055,records of King County, Washington BEACH HOME ESTATES NO. 2,as recorded in Volume 070 of Plats,page 089,records of King County, Washington BLACK LOAM FIVE-ACRE TRACTS,as recorded in Volume 012 of Plats,page 101,records of King County,Washington BOYDSTONS 1ST ADDITION,as recorded in Volume 070 of Plats,page 060,records of King County, Washington BRIAR HILLS,as recorded in Volume 100 of Plats,page 058,records of King County,Washington BRIAR HILLS NO.2,as recorded in Volume 102 of Plats,page 090,records of King County,Washington ,fit BRIAR HILLS NO. 3,as recorded in Volume 107 of Plats,page 036,records of King County,Washington BRIAR HILLS NO.4,as recorded in Volume 113 of Plats,page 077,records of King County,Washington BRIAR PARK NO. 1,as recorded in Volume 105 of Plats,pages 056 through 057,records of King County, Washington BRIAR RIDGE,as recorded in Volume 113 of Plats,pages 060 through 061,records of King County, Washington BRIARWOOD LANE,as recorded in Volume 104 of Plats,pages 030 through 031,records of King County,Washington BRIARWOOD SOUTH,as recorded in Volume 084 of Plats,page 037,records of King County, Washington BRIARWOOD SOUTH NO. 2,as recorded in Volume 084 of Plats,page 046,records of King County, Washington BRIARWOOD SOUTH NO. 3,as recorded in Volume 088 of Plats,page 007,records of King County, Washington BRIARWOOD SOUTH NO.4,as recorded in Volume 091 of Plats,page 074,records of King County, Washington .10001 64 BRIARWOOD SOUTH NO. 5,as recorded in Volume 093 of Plats,page 016,records of King County, Washington Nvair BRIARWOOD SOUTH NO. 6,as recorded in Volume 097 of Plats,pages 068 through 069,records of King County,Washington BRIARWOOD WEST,as recorded in Volume 093 of Plats,pages 091 through 092,records of King County,Washington CAROLWOOD,as recorded in Volume 111 of Plats,pages 099 through 100,records of King County, Washington CAROLWOOD NO.2,as recorded in Volume 114 of Plats,page 074,records of King County, Washington CEDAR CREST ESTATES,as recorded in Volume 095 of Plats,page 054,records of King County, Washington CEDAR PARK FIVE-ACRE TRACTS,as recorded in Volume 015 of Plats,page 091,records of King County,Washington CEDAR RIVER BLUFF,as recorded in Volume 172 of Plats,pages 053 through 056,records of King County,Washington CEDAR RIVER FIVE ACRE TRACTS,as recorded in Volume 016 of Plats,page 052,records of King County,Washington DERRYHURST,as recorded in Volume 066 of Plats,page 074,records of King County,Washington EAST CREST,as recorded in Volume 087 of Plats,page 049,records of King County,Washington EAST CREST NO.2,as recorded in Volume 093 of Plats,page 081,records of King County,Washington EASTWOOD PARK DIVISION NO.2,as recorded in Volume 088 of Plats,pages 063 through 065, records of King County,Washington EVENDELL,as recorded in Volume 229 of Plats,pages 034 through 042,records of King County, Washington GOES PLACE,as recorded in Volume 085 of Plats,pages 012 through 013,records of King County, Washington HIDEAWAY HOME SITES,as recorded in Volume 081 of Plats,pages 088 through 089,records of King County, Washington HAMILTON PLACE,as recorded in Volume 225 of Plats,pages 099 through 102,records of King County,Washington HENDRICKSONS HEIGHTS ADDITION NO. 1,as recorded in Volume 062 of Plats,page 002,records of King County,Washington HENDRICKSONS HEIGHTS ADDITION NO.2,as recorded in Volume 063 of Plats,page 063,records of King County,Washington HENDRICKSONS HEIGHTS ADDITION NO. 3,as recorded in Volume 070 of Plats,page 054,records of King County,Washington 65 4t HIGHLAND ESTATES,as recorded in Volume 212 of Plats,pages 010 through 013,records of King County,Washington INTERLAKE ADDITION NO. 1,as recorded in Volume 083 of Plats,pages 096 through 097,records of King County,Washington JANETTS RENTON BOULEVARD TRACTS,as recorded in Volume 017 of Plats,page 060,records of King County,Washington KIMBER LANE,as recorded in Volume 091 of Plats,page 013,records of King County, Washington KING COUNTY Short Plat No. L95S0020,as recorded in Volume 115 of Plats,page 196,records of King County,Washington KING COUNTY Short Plat No. L96S0032,as recorded in Volume 128 of Plats,page 199,records of King County,Washington KING COUNTY Short Plat No. L96S0036,as recorded in Volume 128 of Plats,pages 244 through 245, records of King County,Washington KING COUNTY Short Plat No. S90S0040,as recorded under recording number 199501109004,Volume 101 of Plats,page 236,records of King County,Washington KING COUNTY Short Plat No. 988009,as filed under recording number 199211031113,records of King County,Washington KING COUNTY Short Plat No. 377136,as recorded under Auditor's Filing number 7803060923,records of King County,Washington LAMANS PLACE,as recorded in Volume 086 of Plats,pages 083 through 084,records of King County, Washington LIBERTY LANE,as recorded in Volume 113 of Plats,pages 020 through 021,records of King County, Washington LINDA HOMES,as recorded in Volume 074 of Plats,page 006,records of King County,Washington MAPLE RIDGE,as recorded in Volume 086 of Plats,pages 085 through 086,records of King County, Washington MAPLE RIDGE NO.2,as recorded in Volume 090 of Plats,page 009,records of King County, Washington MAPLEWILD,as recorded in Volume 086 of Plats,page 031,records of King County, Washington MAPLEWOOD HEIGHTS,as recorded in Volume 078 of Plats,pages 001 through 004,records of King County,Washington MAPLEWOOD HEIGHTS NO. 2 as recorded in Volume 087 of Plats,pages 053 through 054,records of King County,Washington MAPLEWOOD MANOR,as recorded in Volume 106 of Plats,pages 092 through 093,records of King County,Washington MARYWOOD,as recorded in Volume 090 of Plats,page 032,records of King County,Washington 66 MCINTIRE HOMESITES,as recorded in Volume 058 of Plats,page 082,records of King County, *orWashington NICHOLS PLACE,as recorded in Volume 231 of Plats,pages 001 through 005,records of King County, Washington PUGET COLONY HOMES,as recorded in Volume 086 of Plats,page 059,records of King County, Washington RENTON SUBURBAN TRACTS,as recorded in Volume 057 of Plats,pages 072 through 073,records of King County,Washington RENTON SUBURBAN TRACTS,DIVISION No. 2,as recorded in Volume 058 of Plats,pages 097 through 098,records of King County,Washington RENTON SUBURBAN TRACTS,DIVISION No. 3,as recorded in Volume 059 of Plats,pages 082 through 084,records of King County,Washington RENTON SUBURBAN TRACTS DIVISION NO.4,as recorded in Volume 061 of Plats,pages 074 through 076,records of King County,Washington RENTON SUBURBAN TRACTS,DIVISION No. 5,as recorded in Volume 063 of Plats,pages 097 through 098,records of King County,Washington RENTON SUBURBAN TRACTS,DIVISION No. 6,as recorded in Volume 066 of Plats,pages 033 through 035,records of King County,Washington RENTON SUBURBAN TRACTS DIVISION NO. 7,as recorded in Volume 069 of Plats,pages 039 through 041,records of King County,Washington RENTON SUBURBAN TRACTS DIVISION NO. 8,as recorded in Volume 069 of Plats,pages 074 through 076,records of King County,Washington RICH LEA CREST,as recorded in Volume 088 of Plats,page 071,records of King County, Washington RIDGE POINT ESTATES,as recorded in Volume 164 of Plats,pages 084 through 085,records of King County,Washington ROSE GARDENS,as recorded in Volume 083 of Plats,page 069,records of King County,Washington SERENA PARK,as recorded in Volume 124 of Plats,pages 072 through 073,records of King County, Washington SKYFIRE RIDGE DIV NO. 1,as recorded in Volume 141 of Plats,pages 093 through 099,records of King County,Washington WEGLINS 1ST ADDITION,as recorded in Volume 068 of Plats,page 006,records of King County, Washington WILLIAMS SUNNY SLOPES,as recorded in Volume 073 of Plats,page 073,records of King County, Washington WILLOWBROOK LANE,as recorded in Volume 170 of Plats,pages 001 through 004,records of King County,Washington No, 67 WHITE FENCE RANCH,Assessor's Plat of,as recorded in Volume 065 of Plats,page 006,records of King County,Washington 3. The following easements: Drainage easement over a portion of SE % of 15-23-5(Stallings). Drainage easement over the northeasterly 10 feet of Lot 32 of Puget Colony Homes(Dembowski). Storm/Drainage easement over a portion of property described as follows: Beginning at a point 168 feet west of the northeast corner of the northwest quarter of the northwest quarter of the northwest quarter of Section 13,Township 23 North,Range 5 East,W.M.;thence south 303 feet to the True Point of Beginning; thence north 90 feet to the True Point of Beginning; less Coal and Mineral Rights(Holcomb). 4. The following declarations of covenant: Declaration of Covenant filed under recording number 20021106001872 Declaration of Covenant filed under recording number 20030604003025 Declaration of Covenant filed under recording number 20050804001352 according to the Evendell Plat filed under King County Recording No.20050726000751 68 i ,4i"'' Exhibit F AFTER RECORDING RETURN TO: City of Renton,Washington QUIT CLAIM DEED GRANTOR—KING COUNTY GRANTEE - CITY OF Renton LEGAL-- TAX NO. —N/A The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of Washington, for and in consideration of mutual benefits, receipt of which is hereby acknowledged, conveys and quit claims unto the Grantee, the CITY OF RENTON, a municipal corporation of the State of Washington, those certain real property interests, as legally described in Exhibit A, attached hereto and made a part of this Deed: Dated this day of , 2007. KING COUNTY, WASHINGTON BY TITLE w 69 STATE OF WASHINGTON ) )SS COUNTY OF KING ) I certify that signed this instrument, on oath stated that he was authorized by the King County Executive to execute the instrument, and acknowledged it as the of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires 70 Exhibit G Now East Renton Potential Annexation Area Police Services Transition Plan A. Effective Date: Effective Date of the Annexation Area Annexation, or termination of a sheriff services contract for the Annexation Area, if any is entered into, whichever is later. B. Desired outcomes 1. The King County Sheriff's Office("KCSO") and City of Renton("City") share a goal to work together to ensure that the transition is conducted in a professional manner, and that there are no breaks in service for the residents of the Annexation Area. C. Roles and responsibilities 1. The KCSO Contracts Unit is responsible for: a. Facilitating the transition process. b. Ensuring that all transition elements are addressed and completed. c. Working with Precinct Three to address operational components of change. d. Working with non-precinct KCSO units to ensure smooth transition. e. Serving as primary contact for the City. 2. The KCSO Precinct Three is responsible for: a. Ensuring the operations are smoothly transitioned, including sharing of crime information as requested by the City. 3. The City, including its police department, is responsible for: a. Ensuring that the police department is able to provide service in the Annexation Area beginning on the effective dates of the annexations. b. Determining the information needed from the KCSO regarding crime, detective cases, or other law enforcement activities. c. Requesting the information identified above in a timely manner. D. Workload 1. Records a. The KCSO will retain all original records for events happening before the effective annexation date in accordance with state records retention schedules. KCSO will provide copies of the records upon written request from the City Police Department, following KCSO protocols. 2. Fingerprinting and Concealed Weapons Permits a. Renton residents can continue to receive these services at KCSO locations, or may go to the City Police for these services. 3. Sex offender tracking, contacts, and notifications 71 a. From and after the effective date of the annexation, the City will become responsible for holding community meetings for any sex offenders living in the Annexation Area, with the exception of already-scheduled meetings. Further, the City will be responsible for all legally mandated contacts and monitoring. The KCSO retains responsibility for sex offender registration in accordance with applicable statutes. 4. Investigations a. KCSO detectives will continue to handle all investigations that are active at the date of annexation, unless otherwise negotiated with the City. At the City's request, the KCSO will arrange for an information exchange with city detectives in order to pass on information regarding any cases that the City will investigate. Investigation of criminal matters occurring from and after the effective date of annexation will be the responsibility of the City. E. Emergency 9-1-1 Services (Communication & Dispatch) 1. City Police will be responsible for ensuring that their communications and dispatch services are prepared to take Annexation Area calls beginning on the effective dates of the annexations. This includes arranging for such 9-1-1 calls to be directed to the proper communications center. City Police will provide the E-911 Program Office with at least 30 days advance notice of the anticipated effective date of the annexation to allow sufficient time for the E- 911 Program Office and Qwest to process E-911 database changes before the effective date of the annexations. 2. The KCSO and the E-911 Program Office will be responsible for discontinuing communication and dispatch service to the Annexation Area on the effective dates of the annexations. The KCSO and the E-911 Program Office will assist Renton's communications service in making the switch, with the City having primary responsibility. F. Notification to affected units 1. The KCSO Contracts Unit will notify all KCSO units of the annexations, and will work with them to resolve any concerns. 72 CITY OF RENTON, WASHINGTON Nome RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND KING COUNTY RELATING TO THE ANNEXATION OF A SUBAREA OF THE EAST RENTON POTENTIAL ANNEXATION AREA. WHEREAS, the City of Renton and King County have the authority under Chapter 39.34 RCW, the Interlocal Cooperation Act, to enter into this Agreement; and WHEREAS, the City has requested that an election be held on the question of annexation of the Preserve Our Plateau Annexation Area (POPA), a subarea of the East Renton Potential annexation area, with the election to be held on February 6, 2007; and WHEREAS, any annexation would require a number of cooperative actions between the 'fir City and the County, including the following: 1) transfer of all roads, bridges, rights-of-way, surface water management facilities, environmental mitigation sites, street lights, traffic signals and signs, and pavement markings; 2) transfer of public records; 3) transition of services associated with the annexation area; 4) transfer of ownership of parks to the City from the County; and 5) payment, should the annexation vote be successful on February 6, 2007, of $1.75 million, $1,150,000 from real estate excise tax and $600,000 from the County current expense fund, to the City of Renton; and WHEREAS, the Agreement would be in effect for five years after the effective date of annexation, or if the area is not annexed by March, 2008, until March 31, 2008; and WHEREAS, the Agreement provides that if the vote on the annexation question to be held on February 6, 2007, is affirmative, the annexation shall be effective March 1, 2007; and Now 1 . 4• , • RESOLUTION NO. WHEREAS, the agreement provides that if the vote on the annexation issue is approved at the February 6, 2007, election, but the City is unable to meet a March 1, 2007, effective date, then REET funding will be reduced by $50,000 a month until the annexation can be made effective; and WHEREAS, if the annexation issue is not approved at the February 6, 2007, election, but is later approved, the agreement does not provide for any payment from the County to the City; and WHEREAS, the City and the County shall continue in good faith to work collaboratively in support of the near term annexation of the remainder of the East Renton Potential Annexation Area; NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: ..440004 SECTION L The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to enter into an interlocal agreement between the City of Renton and King County relating to the annexation of the East Renton Potential Annexation Area. 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 , 2 • - I RESOLUTION NO. Approved as to form: Now Lawrence J. Warren, City Attorney RES.1215:10/27/06 Now Now 3 A a a t EAST RENTON PLATEAU PAA - CRITICAL DATES TO MEET MARCH 1, 2007 COUNTY NOTIFICATION OF EXPANDED CITY BOUNDARIES September 11, 2006- Council public hearing to adopt resolution setting POPA special election date September 14, 2006-Deadline to notify King County Auditor of City's preferred POPA election date; ' October 4, 2006 Planning Commission briefing on prezoning; October 13, 2006 -Deadline for prezoning recommendations to Planning Commission; October 13,2006-Deadline for draft prezoning issue paper to Alex; October 16, 2006-Deadline for submitting agenda bill and issue paper for Tuesday October 17's Agenda Bill meeting. Staff recommendation and Task Force recommendations to be included; Planning Commission's recommendation to follow after their November 1St meeting; October 17, 2006-Agenda Bill meeting and deadline for mailing of Planning Commission public hearing on Nov. 1 st to property owners. October 18, 2006 Planning Commission briefing on prezoning recommendations of Task Force; October 23, 2006 -Council sets public hearing date for Council agenda of November 6, 2006; October 27, 2006-City Clerk's 10-day Council public hearing notice deadline to publish; October 30, 2006-Task Force deadline for final prezoning recommendations. November 1, 2006-Planning Commission public hearing and deadline for Commission's recommendation on East Renton Plateau prezoning; November 2, 2006- Deadline for requesting legals for prezones. November 6, 2006-First of at least two Council public hearings on East Renton Plateau Prezoning; `" November 14, 2006-Deadline for draft ordinances to be sent to City Attorney for review/approval; November 17, 2006-Deadline for submitting draft final prezoning issue paper to Alex w/ordinances; November 20, 2006-Deadline for submitting agenda bill and issue paper with ordinances on final prezoning recommendation to Jay for Tuesday's Agenda Bill meeting; November 20, 2006- Last regular King County Council meeting with maximum (25-days) processing time for February 6, 2007 special election. November 21, 2006-Agenda Bill Meeting setting Council public hearing date for December 11, 2006; November 27, 2006-Council sets public hearing date for agenda of December 11, 2006; December 1, 2006 -Deadline for publishing 10-day public hearing notice in newspaper; Deadline for City Attorneys approval of East Renton Plateau prezoning ordinances; December 4, 2006 - Last regular King County Council meeting with minimum (10-day) processing time for February 6, 2007 special election; December 11, 2006- Second Council public hearing on East Renton Plateau prezoning and first reading of prezoning ordinances; January 5, 2006-Deadline for publication of Voter's Pamphlet for February 6, 2007 special election; February 16, 2007-Deadline for publishing February 26, 2007 Council public hearing; Deadline for City , Attorney's approval of POPA effectuation and zoning ordinances; February 19, 2007-Regular Council meeting not scheduled due to President's Day Holiday. * Critical Dates, continued 2 February 21, 2007—King County Canvassing Board must certify election results on annexation; February 26, 2007— Council public hearing to accept election results and hold first and second reading of annexation effectuation and zoning ordinances as an emergency with immediate 'err effectuation rather than normal 30-days; February 28, 2007— Last date to publish ordinances in order to meet March 1, 2007 property tax deadline for 2008. March 1, 2007—Deadline for King County Assessor to notify OFM's property tax division which prepares taxing district maps for 2008 tax collection. Nov *ow it CITY OF RENTON COUNCIL AGENDA BILL AI#: , kiwi? Submitting Data: AJLS For Agenda of: November 6, 2006 Dept/Div/Board.. Mayor's Office Staff Contact Marty Wine, Asst.CAO (x6526) Agenda Status Consent X Subject: Public Hearing.. Interlocal Agreement for Four Potential Annexation Correspondence.. Areas Ordinance Resolution X Old Business Exhibits: New Business Interlocal Agreement Study Sessions Resolution Information Issue Paper Recommended Action: Approvals: Refer to Committee of the Whole Legal Dept X Finance Dept Other Fiscal Impact: sitilExpenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $6.85M (2007-2010) Total Project Budget City Share Total Project SUMMARY OF ACTION: Resolution authorizes the Mayor to execute an interlocal agreement with King County, establishing preliminary election and effective dates by annexation area, and identifying commitments of County funding to support planning and transition of annexation areas. STAFF RECOMMENDATION: The Administration recommends that Council accept the negotiated terms of the Interlocal Agreement and authorize the Mayor and City Clerk to enter into an interlocal agreement between with King County relating to the potential future annexation of Renton's Potential Annexation Area. illire Rentonnet/agnbill/ bh OC" O� ADMINISTRATIVE, JUDICIAL, AND ♦ ,; LEGAL SERVICES DEPARTMENT T� MEMORANDUM DATE: October 31, 2006 TO: Council President Randy Corman Renton City Councilmembers FROM: J Mayor Kathy Keolker STAFF CONTACT: Marty Wine, Assistant Chief Administrative Officer(x6526) SUBJECT: "Road Map" Interlocal Agreement with King County regarding Renton's Potential Annexation Areas ISSUE Should the City of Renton enter into an interlocal agreement with King County outlining the City's intent to place the question of future annexations before voters; and outlining King County's commitment of future funding to the City if future annexations are approved by voters? BACKGROUND Since mid-year 2005 the Mayor and staff have been in dialogue with King County Executive Ron Sims and the County's Office of Management and Budget staff about the future governance of unincorporated areas. King County embarked on the Annexation Initiative in 2003 to make incentive funding available to cities that were willing to begin annexation of unincorporated territory within its Potential Annexation Areas (PAAs). The Annexation Initiative is designed to transfer governance responsibility to cities while preserving local services, give relief to the county budget, and transition services smoothly from County to City. Incentive funding is designed to provide one-time financial assistance with the cost of transitioning services. King County will request interlocal agreements (ILAs) to be executed for large annexations to allow for the orderly transition of municipal services from the County to the City. Because the remaining unincorporated areas are large geographic areas and segments of population, and to provide a financial incentive for cities to be open to annexing the areas, King County has made a future funding offer to the City of Renton that is reflected in this interlocal agreement. King County has specifically requested this conceptual agreement from Renton in order to make clear the County's commitment of out-year funding from the County Road Fund, and to carry over Real Estate Excise Tax (REET) and General Fund dollars in these funds' financial plans. The County's total funding commitment to the City through the year 2010 would $7.85 rte► • Council President Randy Corman Page 2 of 3 October 31,2006 million if the agreement was executed, and is composed of funding sources as outlined in the table below. King County Annexation Initiative Offer to City of Renton: October 2006 County Pre- East Benson West Hill Fairwood Total Funding Planning Renton Hill Gen. Fund $0.10M $0.10M $1.00M $2.40M $0.50M $4.10M REET $0.15M $0.90M $0.20M $0.20M $1.50M Road Fund $0.50M $1.00M $0.725M $2.25M Other $3.00M (see below) Total $0.25M $1.00M $1.70M $3.60M $1.25M $7.85M Phasing: 1Q, 3Q 2007 Feb 07/ Nov 071 Spring 08/ Spring 09/ Election/ (see below) Mar 07 Mar 08 Jan 09 Jan 2010 Effective Date (separate agreement) This "Road Map" ILA is a conceptual agreement of intent, which identifies timelines and funding for annexation. The agreement states the amount of funding King County is offering to make available to the City as areas in the City's Potential Annexation Areas (PAAs) decide to annex, and in turn outlines the County's expectations about the City's involvement in annexation outreach and placing the annexation question before voters in specific timeframes and with planned effective dates. More specific interlocal agreements would follow this "global" interlocal agreement as the details of each agreement begin to take shape. The Nftlied Administration has sought in negotiations to balance funding and timing terms so that funding to assist with transition costs is maximized, and that is also achievable in terms of department operations to serve annexation areas. Other highlights of the agreement are: • By area, the City agrees to work toward and place the question of annexation of each area on the ballot as noted using the timelines and table listed above. If annexation fails at the ballot, the City will place the matter on the ballot again within one year and 75% of the original funding offer will be made to the City. • The County will commit"pre-planning" funds to Renton in the first and third quarters of 2007 totaling $250,000, independent of any annexation, to support planning, zoning and infrastructure studies in each area. • The City will convene task forces in each community (Benson Hill, West Hill, and Fairwood) during 2007 to help to identify community issues and concerns (including visioning, and policy and investment recommendations). The task forces may focus on "pre-zoning"the area, or a much wider scope of work that engages residents to understand their future governance choices. • Effective date upon approval by both Councils, and in place for five years. • Both parties will work collaboratively to make transportation and economic development project investment decisions, subject to future approval by Councils. • Both parties agree to work to provide information through public meetings. Council President Randy Corman Page 3 of 3 October 31,2006 • Commitment of County Road Fund dollars is targeted to roadways with a low *ow pavement improvement rating, and projects will be selected jointly by the County and City. Projects would be carried out after an affirmative annexation vote, but before the effective date of annexation. • A separate agreement related to Maplewood Addition Expansion annexation will be negotiated, with the agreement effective March 1, 2007. • A commitment by King County to make roads capital improvement projects located in the West Hill PAA of up to $3 million in exchange for the amount of investment the City makes in the Roads Division properties off of NE 4th Street (parks maintenance facility purchase). RECOMMENDATION The Administration recommends that Council accept the negotiated terms of the "Road Map" Interlocal Agreement and authorize the Mayor and City Clerk to enter into an interlocal agreement with King County. New err INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND KING COUNTY, RELATING TO THE ANNEXATION OF THE WEST HILL, BENSON HILL/CASCADE, FAIRWOOD COMMUNITY AND MAPLEWOOD ADDITION POTENTIAL ANNEXATION AREAS THIS AGREEMENT is made and entered into this day of , 2006. The parties("Parties") to this Agreement are the City of Renton, a State of Washington municipal corporation("City") and King County, a political subdivision of the State of Washington("County"). WHEREAS, the City and the County desire to facilitate the near-term transition of the City's remaining annexation areas from unincorporated status to being annexed to the City; and WHEREAS, the Parties have heretofore entered into an agreement relating to the annexation of the City's East Renton Potential Annexation Area ("PAA"), in which the City has agreed to seek an election on the issue of annexation to be held within the that portion of the East Renton PAA approved for annexation to the City by the Boundary Review Board in August 2006, said election to occur on or before February 13, 2007, with an annexation effective date of March 1, 2007; and WHEREAS, the Boundary Review Board has previously approved the annexation by the City of Renton of a portion of the City's Fairwood PAA known as the Maplewood Annexation(hereinafter the"Maplewood Annexation Area" as further described in Exhibit A) and that annexation will become effective on January 1, 2007 following City Council action; and WHEREAS, on September 19, 2006, there was an incorporation election within an area known as the proposed City of Fairwood, which is located in eastern half of the City's Soos Creek PAA, at which election the incorporation proposition was rejected; and WHEREAS, the City wishes to seek voter approval of an annexation of the western half of the City's Soos Creek PAA outside and generally to the west and south of the proposed boundaries of the proposed City of Fairwood (hereinafter the"Benson Hill/Cascade PAA", as further described in Exhibit B) at an election to be held in November 2007 for an effective annexation date of no later than March 1, 2008; and WHEREAS, the City desires to seek voter approval of its West Hill PAA(as further described in Exhibit C) at an election to be held in no later than May 2008 for an effective annexation date of no later than January 1, 2009; and WHEREAS, the City desires to seek voter approval of an annexation of the Eastern half of the City's Soos Creek Annexation Area that was subject to a proposed incorporation vote in September 2006 (hereinafter the"Fairwood Community Area" as further ' • described in Exhibit C) at an election to be held in no later than May 2009 for an 'taw effective annexation date of no later than January 1, 2010; and WHEREAS, in order to accomplish all the details necessary for an orderly transition of services and facilities upon annexation, the City and County plan to negotiate a separate annexation interlocal agreement with respect to each PAA; and WHEREAS, in advance of the negotiation of those separate annexation interlocal agreements the City and County desire to express their joint commitment to the above described annexation plan and schedule relative to the Benson Hill/Cascade PAA, the Maplewood Annexation Area, the West Hill PAA, and the Fairwood Community PAA (collectively herein referred to as the"Annexation Areas"); and WHEREAS, the County intends to continue to communicate with residents in urban unincorporated areas throughout the County regarding its support for the transition of such areas to city status based on the directives of state growth management act and the County's budget challenges that the County anticipates to result in reductions in County local services to such areas over time; and WHEREAS, the successful annexation of these areas relies on an affirmative vote to annex by voters in each of the Annexation Areas; and WHEREAS, the County wishes to make available to the City certain funds from its Annexation Incentive Funds to assist with the cost of transitioning services and in consideration of the City relieving the County of the burden of providing public services to the Annexation Areas; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by the Interlocal Cooperation Act, codified at Chapter 39.34 RCW, and other Washington law, as amended; NOW THEREFORE, in consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and the County as follows: 1. TERM. This Agreement shall be deemed to take effect following the approval of the Agreement by the official action of the governing bodies of each of the Parties and the signing of the Agreement by the duly authorized representative of each of the Parties, and shall continue in force for a period of five(5) years. 2. JOINT DECISION MAKING PROCESS ON TRANSPORTATION AND ECONOMIC DEVELOPMENT. The Parties agree to work collaboratively to determine which transportation capital improvement projects or economic development investments will be made by King County prior to the effective date of annexation of the Annexation Areas. The implementation of any capital investment or economic development expenditure by the County is subject to subsequent action and law approval by the County Council. 3. OUTREACH COLLABORATION. The Parties agree to work collaboratively on outreach to residents of the Annexation Areas in order to inform the residents about the impacts of annexation and promote annexation of the Annexation Areas to the City, subject to legal limitations on the use of public facilities in campaigns all as further described in RCW 42.17.130. It is anticipated that this collaborative outreach effort will include a series of public meetings in each of the individual PAAs; that these meetings will be jointly sponsored by the City and the County; and that the cost and time of preparing meeting materials and conducting these meetings will be shared by the Parties on a mutually agreeable basis. 4. COMMUNITY ADVISORY TASK FORCES. The City shall create and staff within the Benson Hill/Cascade PAA, West Hill PAA and (if the incorporation vote fails) Fairwood Community PAA a community advisory task force composed of residents and business owners to assist the City in identifying community issues and concerns relative to service delivery and annexation in order to facilitate the transition of these areas to the City on an orderly basis. The anticipated product of the task force work will be a community vision statement for each area, together with a list of policy and investment recommendations for future consideration by the City Council. The City shall establish the Benson Hill task force no later than March 31, 2007. The City shall establish the West Hill and Fairwood task forces no later than September 30, 2007. The County shall provide staff assistance as appropriate to ensuring the task forces are informed of County policies and other County government specific matters relevant to the work of the task forces. 5. FINANCIAL SUPPORT FROM KING COUNTY FOR PLANNING AND TRANSITION OF ANNEXATION AREAS. In recognition of the substantial amount of pre-planning and zoning and public outreach work to be undertaken by the City pursuant to this agreement, the County agrees to provide certain pre-planning funds to the City, specifically: a. Benson Hill / Cascade Community Planning and Zoning: Up to $50,000 in Current Expense funds shall be provided to the City in the first calendar quarter of 2007 for the purpose of completing pre-annexation planning and zoning in the Benson Hill/Cascade, upon presentation by the City to the County of a scope and budget for the project. b. West Hill Community Planning and Zoning: Up to $50,000 in Current Expense funds shall be provided to the City in the third calendar quarter of 2007 for the purpose of completing pre-annexation planning and zoning in the West Hill PAA, upon presentation by the City to the County of a scope and budget for this project. c. Fairwood Community Planning and Zoning: Up to $50,000 in Current Expense funds shall be provided to the City in the fourth calendar quarter of 2007, if by such time a proposal to incorporate Fairwood has not been approved by the voters or the matter has not been placed on the ballot for decision at an election in 2007. Said funding shall be made available to the City in order that it may complete pre- annexation planning and zoning in the Fairwood Community PAA, upon 'vow presentation by the City to the County of a scope and budget for this project. d. Transition Planning: Up to $100,000 in Real Estate Excise Tax Funds(Fund Number 2) shall be provided to the City in 2008 for transition capital planning associated with the Annexation Areas. The City shall expend the REET dollars consistent with the limitations placed on the use of this fund under King County Code Section 4.32.012 as currently adopted or hereafter amended. 6. MAPLEWOOD ANNEXATION AREA. The City and County will negotiate an agreement relating to annexation of the Maplewood Annexation Area(further described on Exhibit A) which agreement shall provide for the transfer to the City of local surface water management facilities and any greenbelt or local park properties owned by the County within the area, but shall not include the transfer to the City of any incentive fund dollars. The parties shall endeavor to conclude negotiations on this agreement by the December 31, 2006 and execute the agreement before March 1, 2007. 7. ADDITIONAL ANNEXATION INTERLOCAL AGREEMENTS TO BE NEGOTIATED. The parties intend to negotiate three separate interlocal agreements with respect to the transition of services and facilities in each of the Benson Hill/Cascade, Fairwood and West Hill PAAs. These interlocal agreements, each of which is generally referred to herein as an"Annexation ILA" shall be substantially 14iro, identical in scope and nature as the agreement between the parties related to annexation of the East Renton Plateau and shall provide for the transfer of local County surface water facilities and property interests, greenbelt properties and local parks facilities to the City, all on an"as is"basis. 8. BENSON HILL/CASCADE PAA. The City shall take action to ensure placement on the ballot at the regular election to be held in November 2007 for the registered voters of the Benson Hill/Cascade PAA(further described on Exhibit B) to vote on whether to annex to the City. If approved by the voters, the City shall take action by ordinance to ensure that the annexation of the Benson Hill/Cascade PAA will be effective on or before March 1, 2008. a. Subject to the parties executing a separate Annexation ILA specific to the Benson Hill/Cascade PAA consistent with Section 7 of this Agreement, the County states its intent to convey to the City certain funds in order to partially offset the City's cost of transitioning and providing services to the Benson Hill/Cascade PAA. In consideration of the City relieving the County of the burden of providing local public services in the Benson Hill/Cascade PAA, and subject to prior execution of the referenced Annexation ILA in terms mutually agreeable to the Parties, the County by this agreement states its intent to contribute the following to the City and the Benson Hill/Cascade PAA annexation: 1. A payment to the City of$950,000 in General Fund dollars, up to half of "'r""'" which may be transmitted to the City not later than 30 days following adoption by the City of an ordinance accepting annexation of the Benson Hill/Cascade PAA effective no later than March 1, 2008 (which action shall be taken after receiving certification that the proposition was approved by voters), with the remaining amount transferred or promptly following the effective date of the annexation. 2. A payment to the City of$250,000 from the Real Estate Excise Tax Fund Number 2. The City shall expend the REET dollars consistent with the limitations placed on the use of this fund under King County Code Section 4.32.012 as currently adopted or hereafter amended. Up to half of this amount may be paid in advance of the effective date of annexation, consistent with the timing and conditions set forth in subsection 8.a.1 above. 3. Completion or commitment of funding towards roadway overlay improvements to be made by the County in the Benson Hill/Cascade PAA valued at $500,000. The improvements and/or funding commitments shall be made only after the City Council acts to accept annexation of the Benson Hill/Cascade PAA following voter approval of annexation. The roadway improvements shall be specifically targeted to roadways with a pavement rating of less than forty percent, and the specific roadway segments to be improvements shall be selected and completed by the County Roads Division in consultation with the Director of the City Public Works Department. Such improvements shall to the extent practicable be , completed prior to the effective date of the annexation, but in any event as soon thereafter as possible 4. Notwithstanding anything in this section to the contrary, the City agrees that if the initial annexation election is not approved by the voters, the City will again place the matter on the ballot within one year of the initial failed election. In consideration of this action by the City and in recognition of the extended time period during which the County will continue to incur deficits in providing services to the Benson Hill/Cascade PAA, the annexation incentive reserve fund payment to the City for annexation of Benson Hill/Cascade PAA after March 1, 2008 shall be at a level of 75% of the originally offered amount, specifically, the payment shall include $712,500 in General Fund dollars, $187,500 in REET Fund Number 2 dollars, and completion by the County of$375,000 in road overlays. No payment shall be made to the City for any annexation of the area after March 1, 2009. 9. WEST HILL PAA. The City shall take action to ensure placement on the ballot at the regular election to be held before May 30, 2008 for the registered voters of the West Hill PAA (further described in Exhibit D) to vote on whether to annex to the City. If approved by the voters, the City shall take action by ordinance to ensure that the annexation of the West Hill PAA will be effective on or before January 1, 2009. a. Subject to the parties executing a separate Annexation ILA specific to the West *ow Hill PAA consistent with Section 7 of this Agreement, the County states its intent to convey to the City certain funds in order to partially offset the City's cost of transitioning and providing services to the West Hill PAA. In consideration of the City relieving the County of the burden of providing local public services in the West Hill PAA, and subject to prior execution of the referenced Annexation ILA in terms mutually agreeable to the Parties, the County by this agreement states its intent to contribute the following to the City and the West Hill PAA annexation: 1. A payment to the City of$2,400,000 million in General Fund dollars, up to half of which may be transmitted to the City not later than 30 days following adoption by the City of an ordinance accepting annexation of the West Hill PAA effective no later than January 1, 2009 (which action shall be taken after receiving certification that the proposition was approved by voters), with the remaining amount transferred or promptly following the effective date of the annexation. 2. Completion or commitment of funding towards roadway overlay improvements in the West Hill PAA valued at$1 million. The improvements and/or funding commitments shall be made only after the City Council acts to accept annexation of the West Hill PAA following voter approval of annexation. The roadway improvements shall be specifically targeted to roadways with a pavement rating of less than forty percent, and the specific roadway segments to be improvements shall be selected by the County Roads Division in consultation with the Director of the City Public Works Department. Such improvements shall to the extent practicable be completed prior to the effective date of the annexation, but in any event as soon thereafter as possible. 3. A payment to the City of$250,000 from the Real Estate Excise Tax Fund Number 2. The City shall expend the REET dollars consistent with the limitations placed on the use of this fund under King County Code Section 4.32.012 as currently adopted or hereafter amended. Up to half of this amount may be paid in advance of the effective date of annexation, consistent with the timing and conditions set forth in subsection 9.a.1 above. 4. County Funding of other roads capital improvement projects located in the West Hill PAA to be selected in consultation with the City valued in an amount up to the lesser of(a) $3.25 million, or (b) the price paid to the County by the City for the purchase of certain Roads Division Properties located at the King County Roads Maintenance Shop in Renton, less County transaction and relocation costs associated with the purchase, all as shall be approved by later agreement between the City and County. The improvements and/or funding commitments for said road improvements shall be made only after the City Council has purchased said Roads Division Now Properties and has acted to accept annexation of the West Hill PAA following voter approval of annexation. Such improvements shall to the extent practicable be completed prior to the effective date of the annexation, but in 44140 any event as soon thereafter as possible, and the value of said improvements shall not be reduced in the event the annexation is delayed per subparagraph 5 below. 5. Notwithstanding anything in this section to the contrary, the City agrees that if the initial annexation election is not approved by the voters, the City will again place the matter on the ballot within one year of the initial failed election. In consideration of this action by the City and in recognition of the extended time period during which the County will continue to incur deficits in providing services to the West Hill PAA, the annexation incentive reserve fund payment to the City for annexation of West Hill PAA after January 1, 2009 shall be at a level of 75% of the originally offered amount, specifically, the payment shall include$1,800,000 in General Fund dollars, $187,500 in REET Fund Number 2 dollars, and completion by the County of$750,000 in road overlays. No payment shall be made to the City for any annexation of the area after January 1, 2010. 10. FAIRWOOD COMMUNITY PAA. If the voters of the Fairwood Community PAA (described further at Exhibit C) have not approved an incorporation proposal at an election held in or before November 2007,then the City shall take action to ensure placement on the ballot at a regular or special election before May 30, 2009 for the registered voters of the Fairwood Community PAA to vote on whether to annex to the •4004 City. If approved by the voters, the City shall take action by ordinance to ensure that the annexation of the Fairwood Community PAA will be effective on or before January 1, 2010. a. Subject to the parties executing a separate Annexation ILA specific to the Fairwood Community PAA and consistent with the terms of Section 7 of this Agreement, the County states its intent to convey to the City certain funds in order to partially offset the City's cost of transitioning and providing services to the Fairwood Community PAA. In consideration of the City relieving the County of the burden of providing local public services in the Fairwood Community PAA, and subject to prior execution of the referenced Annexation ILA in terms mutually agreeable to the Parties, the County by this agreement states its intent to contribute the following to the City and the Fairwood Community PAA annexation: 1. A payment to the City of$500,000 in General Fund dollars, up to half of which may be transmitted to the City not later than 30 days following adoption by the City of an ordinance accepting annexation of the Fairwood Community PAA effective no later than January 1, 2010 (which action shall be taken after receiving certification that the proposition was approved by voters), with the remaining amount transferred or promptly following the effective date of the annexation. 2. Completion or commitment of funding towards roadway overlay improvements to be made by the County in the Fairwood Community PAA valued at$750,000. The improvements and/or funding commitments shall be made only after the City Council acts to accept annexation of the Fairwood Community PAA following voter approval of annexation. The roadway improvements shall be specifically targeted to roadways with a pavement rating of less than forty percent, and the specific roadway segments to be improvements shall be selected and completed by the County Roads Division in consultation with the Director of the City Public Works Department. Such improvements shall to the extent practicable be completed prior to the effective date of the annexation, but in any event as soon thereafter as possible. 3. Notwithstanding anything in this section to the contrary, the City agrees that if the initial annexation election is not approved by the voters, the City will again place the matter on the ballot within one year of the initial failed election. In consideration of this action by the City and in recognition of the extended time period during which the County will continue to incur deficits in providing services to the Fairwood Community PAA, the annexation incentive reserve fund payment to the City for annexation of Benson Hill/Cascade PAA after January 2010 shall be at a level of 50%of the 'Nor originally offered amount, specifically, the payment shall include$250,000 in General Fund dollars, and completion by the County of$375,000 in road overlays. No payment shall be made to the City for any annexation of the area after January 1, 2011. 11. ADMINISTRATION AND CONTACT PERSONS. The Parties stipulate that the following persons shall be the administrators of this Agreement and shall be the contact person for their respective jurisdiction. City of Renton: King County: Chief Administrative Officer Director, Office of Management and Budget City of Renton King County 1055 S. Grady Way 701 5th Avenue Renton, WA 98057 Suite 3200 Seattle, WA 98104 12. COMPLIANCE WITH LAWS. Each Party accepts responsibility for compliance with federal, state, and local laws and regulations. Specifically, in meeting the commitments encompassed in this Agreement, all parties will comply with, among other laws and regulations, the requirements of the Open Meetings Act, Public Records Act, Growth Management Act, State Environmental Policy Act, and Annexation Statutes. The Parties retain the ultimate authority for land use and development decisions within their respective jurisdictions as provided herein. By AIM\ executing this Agreement, the Parties do not purport to abrogate the decision-making responsibility vested in them by law. 13. INDEMNIFICATION. a. The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense,provided that the City retains the right to participate in said suit if any principal or governmental or public law is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. b. The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever,by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is ` ` brought against the county, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. c. The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. d. The provisions of this Indemnification Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 14. GENERAL PROVISIONS. i4t.✓ a. Entire Agreement. This Agreement together with all Exhibits hereto contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. b. Filing. A copy of this Agreement shall be filed with the Renton City Clerk and recorded with the King County Auditor. c. Records. Until December 31, 2013, any of either party's records related to any matters covered by this Intergovernmental Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. Other provisions of this section notwithstanding, police/sheriff records shall be retained according to the state records retention schedule as provided in RCW Title 42 and related Washington Administrative Code provisions. d. Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. e. Severability. If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or contrary to public policy, the Agreement will remain in °`ow full force and effect except for the clauses that are unenforceable, illegal, or contrary to public policy. f. Assignment. Neither the City nor the County shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. g. Successors in Interest. Subject to the foregoing subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. h. Dispute Resolution. The Parties should attempt if appropriate to use a formal dispute resolution process such as mediation, through an agreed-upon mediator and process, if agreement cannot be reached regarding interpretation or implementation of any provision of this Agreement. All costs for mediation services would be divided equally between the Parties. Each jurisdiction would be responsible for the costs of their own legal representation. i. Attorneys' fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. j. No waiver. Failure of either the County or the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. k. Applicable Law. Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. 1. Authority. Each individual executing this Agreement on behalf of the City and the County represents and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of the City or the County. m. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth above in Section 10. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the addresses set forth above in Section 10. Any notice so posted in the United States mail shall be deemed received three(3) days after the date of mailing. n. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. o. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. (remainder of page left intentionally blank) %me p. Third Party Beneficiaries. This agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. IN WITNESS THEREOF, the Parties have executed this Agreement. CITY OF RENTON: KING COUNTY: Kathy Keolker, Mayor Ron Sims, Executive Date: Date: ATTEST: ATTEST: Nee City Clerk DATED: DATED: Approved as to Form: Approved as to Form: City Attorney Sr. Deputy Prosecuting Attorney Exhibit A: Maplewood Annexation Area Description (as approved by the King County Boundary Review Board) LEGAL DESCRIPTION The lands included within the subject annexation area are situated in Sections 21,22,and 23,all in Township 23 North, Range 5 East,W.M.,King County,Washington,said annexation area being more particularly described as follows: Beginning at the intersection of the existing City of Renton Limit Line as annexed under Ordinance No.2170,with the existing City of Renton Limit Line as annexed under Ordinance No.3945,within the right-of-way of SE Renton-Maple Valley Highway(SR169,P.S.H.#5),in the Northwest quarter of said Section 22; Thence southeasterly along said City Limit Line as annexed under said Ordinance No.3945,to an intersection with the existing City of Renton Limit Line as annexed under Ordinance No.4156,in said Northwest quarter; Thence continuing southeasterly along said existing City Limit Line as annexed under Ordinance No.4156,and the northeasterly right-of-way margin of said SE Renton-Maple Valley Highway,crossing said Northwest quarter and the Northeast quarter and Southeast quarter of said Section 22,to an intersection with the westerly right-of-way margin of 149th Ave.SE,in the Southwest quarter of said Section 23; Thence northerly,westerly,northerly,westerly and northerly along said existing City Limit Line,to the"THREAD"of the Cedar River in the Northeast quarter of said Section 22; Thence generally southeasterly along said"THREAD"of the Cedar River,to an intersection with the northeasterly extension of the easterly right-of-way margin of 154th Place SE,as defined in a Warranty Deed under King County Recording No. 199711 191438,parallel to and 42 feet easterly of the centerline of said street,in the Northwest quarter of said Section 23,said easterly boundary and said northeasterly extension also being the Urban Growth Boundary line; Thence southwesterly along said northeasterly extension,said easterly right-of-way margin and the southwesterly extension thereof,and the Urban Growth Boundary line,to a point on the northeasterly right-of-way margin of SE Renton-Maple Valley Highway(SR169,P.S.H.#5),in the Southwest quarter of said Section 23; Thence southeasterly along said northeasterly right-of-way margin and the Urban Growth Boundary line,to an intersection with the northerly extension of the east lines of Valley Faire I,as recorded under Volume 133 of Plats, Pages 43 through 47,inclusive,records of King County,Washington,and Valley Faire I,Phase III,as recorded under Volume 139 of Plats,Pages 8 through 10,inclusive,records of King County,Washington,in the Southeast quarter of said Section 23; Thence southerly along said northerly extension,and the east line of said plats,to the southeast corner of said Valley Faire I,Phase III plat,said southeast corner also being a point on the north line of"Tract A'of Valley Faire II,as recorded under Volume 131 of Plats,Pages 39 through 43,inclusive,records of King County,Washington; Thence generally westerly along the various courses of the north line of said"Tract A",to the west line of said Southeast quarter,said west line also being the east line of the Southwest quarter of said Section 23 and also being the east line of the Emerald Crest Condominiums,as recorded under Volume 132 of Condominiums,Pages 61 through 67, inclusive,records of King County,Washington; Thence southerly along said east line,to the southeast corner of said condominiums; Thence westerly and northerly,respectively,along the southerly and westerly lines of said condominium,to the southeast corner of Lot 1 of the Aqua Barn Short Plat,King County Short Plat No.L99S3019,recorded under King County Rec.No.20010831900002; Exhibit A: Maplewood Annexation Area Description (as approved by the King County Boundary Review Board) °r11irr Thence westerly along the various courses of the south line of said Lot 1,to the southwest corner thereof,said southwest corner also being a point on the east line of the Southwest quarter of the Southwest quarter of said Section 23; Thence southerly along said east line,to the southeast corner thereof; Thence westerly along the south line of said subdivision,to the southwest corner thereof; Thence northerly along the west line of said subdivision,to the northwest corner thereof,said northwest corner also being the southeast corner of the Northeast quarter of the Southeast quarter of said Section 22; Thence westerly along the south line of said subdivision,to the SE corner of "Tract J",Pioneer Place,as recorded under Volume 226 of Plats,Pages 51 through 56,inclusive,records of King County; Thence westerly along the various courses of the south line of said"Tract J",to a point on the west line of said subdivision,said west line also being the east line of Elliot Farm,as recorded under Volume 180 of Plats,Pages 4 through 15,inclusive,records of King County,Washington; Thence northerly along said east line of said subdivision,said east line also being the east line of"Tract G"and"Tract E',both of said plat,to the most easterly northeast corner of said"Tract E"; Thence westerly along the various courses of the northerly line of said"Tract E",to a point on the northeasterly right- of-way margin of 140th Way SE,in the Northeast quarter of the Southwest quarter of said Section 22; Thence southeasterly along said northeasterly right-of-way margin,to an intersection with a line perpendicular to said northeasterly right-of-way margin that begins at the easternmost point of"Lot J"of King County Boundary Lot Adjustment No.LO1 L 0026,as recorded under King County Rec.No.20010730900003,said point also being on the southwesterly right-of-way margin of 140th Way SE; N10►' Thence southwesterly along said perpendicular line,crossing 140t Way SE,to said easternmost point of"Lot J"; Thence continuing southwesterly,southeasterly,westerly,northwesterly,northerly and southwesterly,along the various courses of the easterly,southerly and westerly boundary lines of"Lot J",to a point on the western boundary thereof, said point also being the southeast corner of"Lot L"of said boundary line adjustment,in Government Lot 9 of said Section 22 Thence southwesterly,westerly and northwesterly,along the various courses of the south line of said"Lot L"to the southwest corner thereof,said southwest corner also being a point on property conveyed to King County under King County Recording Number 9810304345; Thence southwesterly and southeasterly,along the east line of said King County property,to an intersection with the centerline of Molasses Creek; Thence northwesterly along said creek centerline and its northwesterly extension,to an intersection with the "THREAD"of the Cedar River; Thence southwesterly,westerly and northwesterly,respectively,along said"THREAD"of the Cedar River,to an intersection with the existing City of Renton Limit Line as annexed under Ordinance No.3723 in the East half of said Section 21; Thence continuing northwesterly and northeasterly,along a portion of said"THREAD"of the Cedar River and said existing City Limit Line,to an intersection with the existing City of Renton Limit Line as annexed under Ordinance No.2170; Thence northeasterly along said City Limit Line as annexed under Ordinance No.2170,to the point of beginning. Exhibit B: Benson Hill/Cascade PAA Description (subject to adjustment by action of the King County Boundary Review Board) LEGAL DESCRIPTION The lands included within the subject annexation are situated in parts of,Sections 21,27,28,29,31,32 and 33 in Township 23 North,and Sections 5 and 6 in Township 22 North,all in Range 5 East,W.M.,in King County, Washington,said annexation area being more particularly described as lying within the following described boundary: Beginning at the intersection of the northeasterly right of way margin of the City of Seattle Cedar River Pipe Line and the existing City of Renton Limits Line as annexed under Ordinance No.I961 in the southeast quarter of said Section 21; Thence southeasterly along said northeasterly right of way margin,crossing SE 160th Street,to the south line of said subdivision; Thence westerly,along said south line,crossing the Cedar River Pipe Line Right of Way and 128th Place SE,to the southwest corner of said subdivision said southwest corner also being the northeast corner of the west half of the Northeast quarter of said Section 28; Thence southerly along the east line of said subdivision,crossing the City of Seattle Pipe Line Right of Way and SE 161'Street,to an intersection with the northerly right of way margin of SE 164th Street; Thence westerly along said northerly right of way margin,to the point of intersection with a perpendicular line passing through the westernmost point of curvature of the arc defining the northeastern boundary of Lot 8,Block 3 of the Plat of Cascade Vista No.5,as recorded under Volume 68 of Plats,Page 65,records of King County,Washington; Thence southerly along said perpendicular line,to the southerly right of way margin of SE 164th Street and the north line of said Lot 8; Thence southeasterly and southerly along the eastern boundary of said Lot 8,to the southeast corner thereof,said southeast corner also being on the north line of the South half of the Northeast quarter of said Section 28; Thence easterly along said north line,crossing 128th Avenue SE,to an intersection with the east line of said Section 28; Thence southerly along said east line,to the northwest corner of"Tract A",Fairwood Park Division 7,as recorded under Volume 116 of Plats,Pages 88 through 90,records of King County,Washington in said Section 27; Thence generally easterly,southerly,westerly and southerly along the various courses of said"Tract A",to a point on the northerly right of way margin of SE Petrovitsky Road(John Petrovitsky Road Ext.No. 1401),in the Southwest quarter of the Southwest quarter of said Section 27; Thence southwesterly,westerly and northwesterly along the various courses of said northerly right of way margin, crossing 129th Avenue SE,and the northwesterly extension of said northerly right of way margin,to an intersection with the southerly extension of the easterly right of way margin of 128th Avenue SE,in the Southeast quarter of the Southeast quarter of said Section 28; Thence southerly along said southerly extension,crossing SE Petrovitsky Road,to an intersection with the southeasterly extension of the southerly right of way margin thereof; Thence northwesterly along said southeasterly extension,crossing I28tAvenue SE,to the Northwest corner of that portion of I 28thAvenue SE dedicated per deed under King County Rec.No.20000913001594 and on the westerly right of way margin of 128tAvenue SE; Thence southeasterly and southerly along said westerly right of way margin,to an intersection with the east line of the west half of the Southeast quarter of said Section 28; 44111, Exhibit B: Benson Hill/Cascade PAA Description (subject to adjustment by action of the King County Boundary Review Board) err' Thence southerly along said east line,to the southeast corner of said subdivision said southeast corner also being the northeast corner of the Northwest quarter of the Northeast quarter of said Section 33; Thence southerly along the east line of said subdivision,to the southeast corner thereof,said southeast corner also being the northwest corner of the Southeast quarter of the Northeast quarter of said Section 33; Thence easterly along the north line of said subdivision,to an intersection with the northeasterly right of way margin of the Puget Sound Power&Light Transmission right of way; Thence southeasterly along said northeasterly right of way margin,to an intersection with the northeasterly extension of the southeasterly lines of Lots 2 and 3,King County Short Plat No. 7791638,recorded under King County Rec.No. 8105060679; Thence southwesterly along said extension and the southeasterly lines of said lots,to an intersection with the northeasterly line of Lot 1,King County Short Plat No.C1077001,recorded under King County Rec.No. 7806080590; Thence northwesterly and southwesterly along the northeasterly and northwesterly lines of said Lot 1,to the most westerly corner thereof,said corner also being a point on the south line of Lot 2 of said short plat; Thence westerly along said south line,to the northeast corner of Lot 4,King County Short Plat No. 775088,recorded under King County Rec.No.7710200755; Thence southwesterly along the east line of said Lot 4 to the southeast corner thereof,said corner also being on the northwesterly line of Boulevard Lane Division No.2,as recorded under Volume 82 of Plats,Pages 20 and 21,records of King County,Washington; Thence continuing southwesterly along said northwesterly line,and southerly along the westerly line of Boulevard Lane Division I,as recorded under Volume 80 of Plats,Pages 89 and 90,records of King County,Washington,to the westernmost southwest corner of said plat,said southwest corner also being on a line 1073.56 feet north of and parallel Nino' with the south line of the Southeast quarter of said Section 33; Thence westerly along said parallel line,to a point 300.00 feet easterly of the west line of said subdivision,as measured perpendicular therefrom; Thence southeasterly to the point of intersection of a line 422 feet east of and parallel with the west line of said subdivision and a line 300 feet north of and parallel with the south line of said subdivision; Thence southerly,parallel with the west line of said subdivision,to a point on the northerly right of way margin of SE 192nd Street,said northerly right of way margin being 50 feet northerly of the south line of said Section 33 and the centerline of SE 192"d Street; Thence westerly alone the various courses of said northerly right of way margin,crossing 120hhAvenue SE, 1 16t'Avenue SE, 114 Place SE and 113th Way SE to its intersection with the easterly right of way margin of State Route 515,said intersection being 40 feet right of Station 270+50 per Washington State Department of Highways, Right of Way Plan SR 515 MP 3.87 to MP 5.15, Renton Vicinity:SE 196th to Can Road,Sta 257+00 to Sta 283+00, Sheet 2 of 4 Sheets in said Section 32; Thence westerly,crossing State Route 515(108th Avenue SE),to a point 40 feet left of Station 270+40 per said Right of Way Plan; Thence southerly along the various courses of said westerly margin,crossing SE 192nd Street,SE 196th Street and SE 199th Street,to the northerly margin of SE 200th Street in said Section 5; Thence westerly along the various courses of said northerly right of way margin,crossing I06t'Avenue SE, 105th Avenue SE and I 04th Avenue SE,to its intersection with the existing City of Renton Limits Line as annexed under City of Renton Ordinance No.3885; Thence generally northerly and easterly along the various courses of the existing limits of the City of Renton as annexed under City of Renton Ordinance Nos.(in order from south to north)3885,3109,3751,3268,5205,5041, Exhibit B: Benson Hill/Cascade PAA Description (subject to adjustment by action of the King County Boundary Review Board) 3268,4069, 1743,4476, 1971,3864, 1971,3742, 1971,3108, 1909,3730,2224, 1871 and 1961 to the Point of Beginning; EXCEPT the north 100 feet of the west 230 feet of the South half of the South half of the Northwest quarter of the Southeast quarter of said Section 29,previously annexed to the City of Renton under Ordinance No.3432. TOGETHER WITH the following: That portion of Lot 3,King County Short Plat 779163R recorded under King County Rec.No.8105060679,within the South half of the Northeast quarter of the Northeast quarter of said Section 33,if any;and Those portions of the Northeast quarter of said Section 6 and the Northwest quarter of said Section 5,except the south 30 feet thereof,lying southerly,westerly,southerly and westerly of existing City of Renton Limits Line as annexed under City of Renton Ordinance Nos.(in order from north to south):3268,3751,and 3109,except the south 30 feet thereof;and That portion of the Northwest quarter of said Section 5,lying northerly of the northerly right of way margin of S.200th Street,westerly and southerly of existing City of Renton Limits Line as annexed under City of Renton Ordinance No.3885,and easterly of existing City of Renton Limits Line as annexed under City of Renton Ordinance No.3109; and The east 20'of the Northeast quarter of the Southeast quarter of said Section 21,lying southerly of the thread of the Cedar River. *rime Exhibit C: West Hill PAA Description (subject to adjustment by action of the King County Boundary Review Board) LEGAL DESCRIPTION November 1,2006 Those portions of Sections 1, 11, 12, 13,and 14,Township 23 North,Range 4 East,and Sections 6,7,and 18, Township 23 North,Range 5 East,Willamette Meridian in King County,Washington described as follows: Beginning at the intersection of the centerline of Lake Washington with the easterly extension of the north line of the south half of said Section 1,said point also being on the City of Seattle City Limits,as annexed under Seattle City Ordinance No. 16909; Thence in a westerly direction,along said north line,to an intersection with the inner harbor line of Lake Washington; The City of Seattle City Limits follow the"centerline of Lake Washington",whereas,the City of Renton City Limits follow the"inner harbor line of Lake Washington." Thence in a southeasterly direction,along said inner harbor line,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.2988; Thence in a southeasterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No. 1300; Thence in a southwesterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.4090; Thence in a southwesterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.2019; Thence in a southeasterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.3527; Thence in a southwesterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.2426; Thence in a southerly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No. 1461; Thence in westerly,and southerly directions,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No. 1669; Thence in westerly,and southerly directions,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.3801; Thence in a southeasterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under said Renton City Ordinance No. 1669; Thence in a southerly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.2243; Thence in a westerly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.3132; Exhibit C: West Hill PAA Description (subject to adjustment by action of the King County Boundary Review Board) ISO Thence in westerly,southerly,and easterly directions,along said city limits,to an intersection with the City Limits of Renton as annexed under said Renton City Ordinance No.2243 Thence in a southerly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under said Renton City Ordinance No. 1461; Thence in a southerly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.2366; Thence in a southwesterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under said Renton City Ordinance No. 1461; Thence in westerly,southerly,and easterly directions,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No. 1579; Thence in southerly,and easterly directions,along said city limits,to an intersection with the City Limits of Renton as annexed under said Renton City Ordinance No. 1461; Thence in a southeasterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No. 1968; Thence in a southeasterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under said Renton City Ordinance No. 1461; Thence in a southeasterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No. 1320; Thence in a southeasterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed �,y under Renton City Ordinance No.2022; �itr/ Thence in a westerly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.3680; Thence in northwesterly,and southeasterly directions,along said city limits,to an intersection with the City Limits of Renton as annexed under said Renton City Ordinance No.2022; Thence in a southeasterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No. 1820; Thence in a southerly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under said Renton City Ordinance No. 1320; Thence in a northwesterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No. 1539; Thence in a westerly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.3845; Thence in a southwesterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.2913; Thence in a southwesterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.4891; Thence in northwesterly,and southwesterly directions,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.4642; Thence in a southwesterly direction,along said city limits,to an intersection with the City Limits of Renton as annexed under Renton City Ordinance No.4578; Exhibit C: West Hill PAA Description (subject to adjustment by action of the King County Boundary Review Board) Thence in a westerly direction,along said city limits,to an intersection with the City Limits of Tukwila as annexed under Tukwila City Ordinance No. 1515; Thence in a northwesterly direction,along said city limits,to an intersection with the City Limits of Seattle as annexed under said Seattle City Ordinance No. 16909; Thence in a northeasterly direction,along said city limits,to an intersection with the City Limits of Seattle as annexed under Seattle City Ordinance No.74602; Thence in southeasterly,and northwesterly directions,along said city limits,to an intersection with the City Limits of Seattle as annexed under said Seattle City Ordinance No. 16909; Thence in a northeasterly direction,along said city limits,to an intersection with the City Limits of Seattle as annexed under Seattle City Ordinance No. 76422; Thence in southeasterly,and northwesterly direction,along said city limits,to an intersection with the City Limits of Seattle as annexed under said Seattle City Ordinance No. 16909; Thence in an easterly direction,along said city limits,to the point of beginning. Except that portion of in said Section 12,annexed to the City of Renton under Renton City Ordinance No.3973. ,yam, Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) Legal Description An area encompassing all or parts of Sections 21 through 23,and 25 through 28 and 33 through 36,Township 23 North,Range 5 East,Willamette Meridian and Sections 1,3,and 4,Township 22 North,Range 5 East,Willamette Meridian in King County,Washington described as follows: Commencing at the point of intersection of the Thread of the Cedar River and the west line of the northwest quarter of the southwest quarter of said Section 22; Thence in southeasterly and northeasterly directions along the course of said Thread of the Cedar River to an intersection with the thread of Molassess Creek; Thence in a southeasterly direction along said Thread of Molasses Creek to an intersection with the boundary of a parcel of land deeded to King County by Recording Number 9810304345; Thence N 23°58'46"W,along said boundary,a distance of 54.29 feet,per said deed; Thence N 33°26'37"E,along said boundary,a distance of 69.86 feet,per said deed,to an intersection with the south line of Lot"L"of King County Lot Line Adjustment LOI L0026,recorded under king County Recording No. 20010730900003,records of King County,Washington; Thence S 68°35'41"E,along said south line,a distance of 18.29 feet; Thence N 76°45'23"E,along said south line,a distance of 17.35 feet; Thence N 72°54'52"E,along said south line,a distance of 98.96 feet to an intersection with the boundary line of Lot "J"of said lot line adjustment; Thence N 83°19'42"E,along said boundary,a distance of 38.87 feet; Thence N 78°32'03"E,along said boundary,a distance of 21.06 feet; Thence N 73°36'54"E,along said boundary,a distance of 37.74 feet; Thence N 78°29'12"E,along said boundary,a distance of 36.02 feet; Thence N 72°58'25"E,along said boundary,a distance of 52.65 feet; Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) `err' Thence S 01°17'33"W,along said boundary,a distance of 598.94 feet; Thence S 32°49'04"E,along said boundary,a distance of 956.24 feet; Thence S 89°08'18"E,along said boundary,a distance of 476.75 feet; Thence N 15°15'41"W,along said boundary,a distance of 435.00 feet; Thence N 82°15'40"E,along said boundary,a distance of 90.00 feet; Thence N 75°45'44"E,along said boundary,a distance of 464.37 feet to an intersection with the southwesterly right- of-way margin of 140th Way Southeast,as conveyed to King County under King County Recording Number 9902252114,records of King County,Washington; Thence in a northeasterly direction,perpendicular to the centerline of said 140th Way Southeast,a distance of 100 feet, more or less,to an intersection with the northeasterly margin thereof; i41ilerr• Thence in a northwesterly direction along said northeasterly margin to an intersection with the northwesterly corner of Tract"E",of the Plat of Elliott Farm,recorded in Volume 180 of Plats,Pages 4 through 15,records of King County, Washington,which is also a point on the south boundary of Tract"B"of said plat; Thence N 70°15'39"E,along the boundary of said Tract"E",a distance of 47.81 feet; Thence S 10°24'04"E,along said boundary,a distance of 41.68 feet; Thence N 87°13'29"E,along said boundary,a distance of 209.37 feet; Thence N 10°24'04"W,along said boundary,a distance of 56.37 feet; Thence 72.65 feet along said boundary on a non tangential curve,with a central angle of 83°29'I I",and a 50.00 foot radius; Thence N 86°06'45'E,along said boundary,a distance of 168.88 feet; Thence N 86°27'18"E,along said boundary,a distance of 141.81 feet; Thence N 01°11'20"E,along said boundary,a distance of 215.81 feet; Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) IMO Thence N 59°00'49"W,along said boundary,a distance of 19.40 feet; Thence 27.88 feet along said boundary on a non tangential curve,with a central angle of 31°56'46',and a 50.00 foot radius; Thence N 00°57'35"W,along said boundary,a distance of 34.60 feet; Thence N 21°12'07'W,along said boundary,a distance of 34.66 feet; Thence N 65°19'12-W,along said boundary,a distance of 25.48 feet; Thence N 38°28'09"E,along said boundary,a distance of 33.00 feet; Thence S 44°18'37'E,along said boundary,a distance of 10.84 feet; Thence S 2l°12'07"E,along said boundary,a distance of 88.80 feet; Thence S 42°29'43"E,along said boundary,a distance of 36.31 feet; Thence S 52°31'19"E,along said boundary,a distance of 14.27 feet; Thence S 0l°11'20"W,along said boundary,a distance of 147.91 feet; Thence N 74°31'08"E,along said boundary,a distance of 50.97 feet; Thence S 79°06'31"E,along said boundary,a distance of 106.37 feet; Thence N 0l°41'41"E,along said boundary,a distance of 45.00 feet; Thence N 89°17'47"E,along said boundary,a distance of 56.14 feet; Thence S 10°05'37"E,along said boundary,a distance of 58.53 feet; Thence 63.25 feet along said boundary on a tangential curve,with a central angle of 72°28'56",and a 50.00 foot radius; Thence S 80050'23"E,along said boundary,a distance of 24.58 feet; Thence S 20°54'53"E,along said boundary,a distance of 40.01 feet; Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) Niure Thence 5.29 feet along said boundary on a tangential curve,with a central angle of 06°04'00',and a 50.00 foot radius; Thence S 26°58'53"E,along said boundary,a distance of 36.61 feet; Thence 22.37 feet along said boundary on a tangential curve,with a central angle of 25°38'19",and a 50.00 foot radius; Thence S 52°37'13"E,along said boundary,a distance of 26.92 feet; Thence S 08°52'38"E,along said boundary,a distance of 8.73 feet; Thence S 30°30'16"W,along said boundary,a distance of 14.86 feet; Thence 101.91 feet along said boundary on a tangential curve,with a central angle of 116°47'06-,and a 50.00 foot radius; Thence S 86°16'50"E,along said boundary,a distance of 25.00 feet; Thence 52.21 feet along said boundary on a tangential curve,with a central angle of 59°49'52",and a 50.00 foot radius; Thence N 33°53'19"E,along said boundary,a distance of 16.12 feet; Thence N 63°17'17"E,along said boundary,a distance of 41.32 feet; Thence S 87°03'12"E,along said boundary,a distance of 56.04 feet; Thence S 64°57'06"E,along said boundary,a distance of 52.86 feet; Thence 41.41 feet along said boundary on a tangential curve,with a central angle of 47°26'54",and a 50.00 foot radius; Thence N 67°36'01"E,along said boundary,a distance of 30.71 feet; Thence 57.38 feet along said boundary on a tangential curve,with a central angle of 65°45'06",and a 50.00 foot radius; Thence S 89°17'47"E,along said boundary,a distance of 150.01 feet; Thence S 01°41'41"W,along said boundary,a distance of 692.21 feet to an intersection with the northeasterly boundary of a parcel of land deeded to King County by Recording Number 9708120148; Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) Thence S 57°10'04"E,along said boundary,a distance of 54.87 feet; Thence S 47°14'54" E,along said boundary,a distance of 59.37 feet; Thence S 34°26'32"E,along said boundary,a distance of 27.60 feet to an intersection with the south line of the northeast quarter of the southeast quarter of said Section 22; Thence S 89°21'31"E,along said south line,a distance of 261.97 feet to an intersection with the north line of Tract "H"of said Plat of Elliott Farm; Thence N 22°28'4l"E,along said north line,a distance of 80.61 feet; Thence N l7°38'52"W,along said north line,a distance of 52.25 feet; Thence N 9°22'47"E,along said north line,a distance of 45.59 feet; Thence S 89°21'51"E,along said north line,a distance of 42.46 feet; Thence S 57°55'49"E,along said north line,a distance of 80.73 feet; Thence N 85°01'18"E,along said north line,a distance of 73.50 feet; Thence N 54°15'06"E,along said north line,a distance of 73.70 feet; Thence S 73°23'29"E,along said north line,a distance of 27.63 feet; Thence S 32°53'25"E,along said north line,a distance of 58.82 feet; Thence S 30°59'21"E,along said north line,a distance of 48.73 feet; Thence S 48°07'16"E,along said north line,a distance of 65.22 feet; Thence S 80°03'07"E,along said north line,a distance of 70.94 feet; Thence N 78°04'15"E,along said north line,a distance of 50.75 feet; Thence S l0°18'40"E,along said north line,a distance of 37.66 feet; Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) 'throe Thence S 89°20'16-E,along said north line,a distance of 439.26 feet,to an intersection with the west line of said Section 23; Thence in a southerly direction along said west line to the south line thereof; Thence in an easterly direction along said south line to an intersection with the east line of the west half of the of the west half of said Section 23; Thence in a northerly direction along said east line to an intersection with the north line of Tract"A'",King County Short Plat Number L99S3019,recorded under king County Recording No.20010831900002,records of King County, Washington; Thence N 84°00'58""E,along said north line,a distance of 68.37 feet; Thence N 73°10'48'"E,along said north line,a distance of 62.21 feet; Thence N 84°36'01""E,along said north line,a distance of 40.48 feet; Thence S 81°29'32-E,along said north line,a distance of 68.54 feet; 4411itsoThence N 1°48'52""E,along said north line,a distance of 53.56 feet; Thence N 70°52'25""E,along said north line,a distance of 29.64 feet; Thence N 31°43'39-E,along said north line,a distance of 32.79 feet; Thence N 74°23'24"E,along said north line,a distance of 54.88 feet; Thence S 86°23'48" E,along said north line,a distance of 56.97 feet; Thence N 83°20'48"E,along said north line,a distance of 49.07 feet; Thence N 24°03'28"E,along said north line,a distance of 6.17 feet; Thence N 85°16'15-E,along said north line,a distance of 71.48 feet; Thence N 73°17'58"E,along said north line,a distance of 73.58 feet; Nate Thence S 11°58'32"W,along said north line,a distance of 43.31 feet; Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) Thence S 88°37'09"E,along said north line,a distance of 80.00 feet; Thence S 1°22'51"W,along said north line,a distance of 526.59 feet; Thence S 87°46'52"E,along said north line,a distance of 647.66 feet to an intersection with the west line of the east half of said Section 23; Thence in a northerly direction along said west line to an intersection with the north line of Tract"A",Valley Faire 11, recorded in Volume 131 of Plats,Pages 39 through 43,records of King County,Washington; Thence N 81°54'25'E,along said north line,a distance of 190.00 feet; Thence S 88°43'54"E,along said north line,a distance of 584.39 feet; Thence N 71°03'25"E,along said north line,a distance of 505.00 feet; Thence N 81°54'25"E,along said north line,a distance of 853.41 feet; Thence S 81°35'17"E,along said north line,a distance of 198.04 feet; Thence S 0°12'43"W,along said north line,a distance of 50.00 feet; Thence S 81°35'17"E,along said north line,a distance of 350.00 feet to an intersection with the east line of said Section 23; Thence in a southerly direction along said east line and the east line of said Section 26 to an intersection with the north line of the Plat of Woodside at McGarvey Park Division 5,as recorded in Volume 209 of Plats,Pages 79 through 90, records of King County,Washington; Thence S 77°57'56"E,along said north line,a distance of 316.21 feet to an intersection with the boundary of Tract"T" of said plat; Thence S 22°04'35"E,along said boundary,a distance of 13.55 feet; Thence 61.29 feet along said boundary on a tangential curve,with a central angle of 13°30'21",and a 260.00 foot radius; Thence 84.32 feet along said boundary on a tangential curve,with a central angle of 60°23'17",and a 80.00 foot radius; Thence S 22°04'35"W,along said boundary,a distance of 52.54 feet; Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) Thence 25.45 feet along said boundary on a tangential curve,with a central angle of 22°26'03",and a 85.00 foot radius; Thence S 02°22'18"W,along said boundary,a distance of 33.30 feet; Thence S 87°37'42"E,along said boundary,a distance of 20.00 feet; Thence N 02°22'18"E,along said boundary,a distance of 33.30 feet; Thence 17.62 feet along said boundary on a tangential curve,with a central angle of 22°26'03",and a 45.00 foot radius; Thence N 24°48'21"E,along said boundary,a distance of 52.54 feet; Thence 105.40 feet along said boundary on a tangential curve,with a central angle of 60°23'17-,and a 100.00 foot radius; Thence 56.57 feet along said boundary on a tangential curve,with a central angle of 13°30'21-,and a 240.00 foot radius to an intersection with the north line of said plat; Thence S 77°57'56"E,along said north line,a distance of 676.31 feet; Thence S 45°30'34"W,along said north line,a distance of 132.66 feet; Thence S 45°54'51"W,along said north line,a distance of 47.39 feet; Thence S 77°57'56"E,along said north line,a distance of 317.81 feet; Thence N 12°02'04"E,along said north line,a distance of 150.00 feet; Thence S 77°57'56"E,along said north line,a distance of 352.10 feet to an intersection with the east line of said plat; Thence S 21032'00"W,along said east line,a distance of 1461.11 feet,to an intersection with the east line of the Plat of Woodside at McGarvey Park Division 2,as recorded in Volume 202 of Plats,Pages 41 through 48,records of King County,Washington; Thence S 68°28'00"E,along said east line,a distance of 222.66 feet; Thence S 40°53'57"W,along said east line,a distance of 216.00 feet; Thence S 58°10'00"E,along said east line,a distance of 467.85 feet; Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) Thence N 43°28'57"E,along said east line,a distance of 94.29 feet; Thence S 68°28'00"E,along said east line,a distance of 269.14 feet to an intersection with the north line of Tract"0" of the Plat of Woodside at McGarvey Park Division I,as recorded in Volume 196 of Plats,Pages 86 through 97, records of King County,Washington; Thence S 60°56'58"W,along said north line,a distance of 182.47 feet; Thence 1 1 1.69 feet along said north line,on a tangential curve,with a central angle of 10°19'18-,and a 620.00 foot radius; Thence S 57°59'33"W,along said north line,a distance of 82.77 feet; Thence S 50°30'32"W,along said north line,a distance of 140.15 feet; Thence S 42°41'28"W,along said north line,a distance of 73.69 feet; Thence S 19°58'53"W,along said north line,a distance of 108.45 feet; Thence S 00°55'06"E,along said north line,a distance of 214.63 feet; Thence S 81°47'52"W,along said north line,a distance of 76.18 feet; Thence S 78°23'26"W,along said north line,a distance of 81.88 feet to an intersection with the southwest corner of Lot 1 of said Woodside at McGarvey Park Division 2 plat; Thence in a westerly direction,perpendicular to the centerline of Parkside Way SE a distance of 56 feet,more or less, to an intersection with the east line of Lot 34 of said plat; Thence in a southerly direction along said east line to the southeast corner thereof,also being a point on the north line of Tract"T"of said Woodside at McGarvey Park Division I plat; Thence S 83°43'32"W,along said north line,a distance of 361.49 feet; Thence S 88°58'35"E,along said north line,a distance of 86.85 feet to an intersection with the southwest corner of Lot 40 of said Woodside at McGarvey Park Division 2 plat; Thence continuing along the westerly extension of the south line of said Lot 40 to an intersection with the north line of Tract"U",of said Woodside at McGarvey Park Division I plat; Thence N 88°58'35"W,along said north line,a distance of 193.00 feet; '401110 Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) `'err' Thence N 01°01'25"E,along said north line,a distance of 75.00 feet; Thence N 88°58'35"W,along said north line,a distance of 84.93 feet; Thence N 01°03'32"E,along said north line,a distance of 11.76 feet; Thence N 17°34'25"W,along said north line,a distance of 32.81 feet; Thence N 36°12'21"W,along said north line,a distance of 86.20 feet; Thence N 27°54'39"W,along said north line,a distance of 42.24 feet; Thence N 22°45'30"W,along said north line,a distance of 78.14 feet; Thence N 32°04'38"W,along said north line,a distance of 16.30 feet; Thence N 41°23'46"W,along said north line,a distance of 81.45 feet; *411100 Thence N 43°07'15"W,along said north line,a distance of 165.53 feet; Thence N 87°37'11"W,along said north line,a distance of 25.00 feet to an intersection with the west line of said Section 25; Thence in a southerly direction along said west line to an intersection with the south line thereof; Thence in an easterly direction along said south line to an intersection with the westerly right-of-way margin of West Lake Desire Drive Southeast; Thence in a northeasterly direction along said westerly margin to an intersection with the west line of the southeast quarter of said Section 25; Thence in a northerly direction,along said west line,a distance of 1,276.59 feet to an intersection with the north line of the south half of the southeast quarter of said Section 25; Thence in an easterly direction along said north line to an intersection with the east line of said Section 25; Thence in a southerly direction along said east line,and the east lines of said Sections 36 and 1 to an intersection with the southerly right-of-way margin of Southeast Petrovitsky Road; *i ,r Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) Thence in a northwesterly direction along said southerly margin to an intersection with the northerly right-of-way margin of Southeast 184th Street(also known as Robert Van Horn Road,County Road Number 1341); Thence in a westerly direction along said north margin to an intersection with the northerly right-of-way margin of Southeast Old Petrovitsky Road(also known as Peter Grubb,County Road Number 1310); Thence in northwesterly,westerly,and southwesterly directions along said northerly margin to an intersection with the west line of said Section 36; Thence in a southerly direction along said west line to an intersection with the southerly right-of-way margin of said Southeast Old Petrovitsky Road; Thence in a westerly direction along said southerly margin to an intersection with the north line of the south half of said Section 35; Thence in a westerly direction along said north line to an intersection with the west line of said Section 35; Thence in a southerly direction along said west line to an intersection with the south line of said Section 35; Thence in an easterly direction,a distance of 20.00 feet along said south line,to an intersection with the easterly right- of-way margin of 148th Avenue SE(also known as Henry Reichling Road,County Road Number 511); Nod Thence in a southerly direction along said easterly margin to an intersection with the easterly extension of the south line of the Plat of Ruddell's 3rd Addition,as recorded in Volume 108 of Plats,Pages 25 and 26,records of King County,Washington; Thence N 89°12'25"W,along said south line,a distance of 1,332.92,more or less,feet to an intersection with the west line of the east half of the east half of said Section 3; Thence S 00°59'17"W,along said west line to an intersection with the south right-of-way margin of Southeast 202nd Street,as conveyed by King County Recording Number 7606150722,records of King County,Washington; Thence in a westerly direction along said south margin and its extension thereof to an intersection with the westerly right-of-way margin of 140th Avenue Southeast; Thence N O1°02'10"E,along said westerly margin,a distance of 132.00 to an interception with the southeasterly right- of-way margin of Southeast 204th Way; Thence in a southwesterly direction along said southeasterly margin to an intersection the east line of Tract"A",of the Plat of Jerry's Place,recorded in Volume 207 of Plats,Pages 50 through 54,records of King County,Washington; Thence S 01°02'10"W,along said east line,a distance of 688.88 feet to the south line of said tract; ; Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) Nose Thence N 55°21'52"W,along said south line,a distance of 426.21 feet to the west line of said plat; Thence N 01°02'10"E,along said north line,a distance of 283.00 feet to an intersection with the south right-of-way margin of said Southeast 204th Way; Thence in a northwesterly direction along a line running perpendicular to the centerline of said Southeast 204th Way to an intersection with the northwesterly margin thereof; Thence in a southwesterly direction along said northwesterly margin to an intersection with the southwest corner of Tract"C"of the Plat of Forest Glen South,recorded in Volume 129 of Plats,Pages 66 through 67,records of King County,Washington; Thence N 17°00'00"W,along the west line of said tract,a distance of 108.94 feet to the south line of Tract-'B"of said plat; Thence N 89°09'46"W,along said south line,a distance of 238.15 feet to an intersection with the south line of King County Short Plat Number 778109,recording number 7904090779,records of King County,Washington; Thence N 89°09'46"W,along said south line,a distance of 660.00 feet to the west line of said short plat; Thence N 01°06'57"E,along said west line,a distance of 920.02 feet to an intersection with the south line of Tract *1✓ "B",of the Plat of Forest Trails Division 1,recorded in Volume 129 of Plats,Pages 78 through 80,records of King County,Washington; Thence N 89°12'13"W,along said south line,a distance of 327.47 feet; Thence N 41°29'14"W,along said south line,a distance of 487.24 feet to an intersection with the south line of King County Boundary Line Adjustment L97L0075,recording number 9710239010,records of King County,Washington; Thence N 64°02'58"W,along said south line,a distance of 753.55 feet; Thence N49°50'W,along said south line,a distance of 816.67 feet to an intersection with the west line of the east half of the east half of said Section 4; Thence N 01°22'24"E,along said west line,a distance of 1,108.26 feet,more or less to the an intersection with the south line of the north half of the north half of Government Lot 2,of said Section 4; Thence N 89°41'14"W,along said south line,a distance of 657.06 feet to an intersection with the west line of the east half of said Government Lot 2; Thence N 01°22'24"E,along said west line,a distance of 298.63 feet to an intersection with the southerly right-of-way margin of Southeast 192nd Street(also known as Robert Melville Road,County Road Number 1119); *Iwo Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) *10 Thence in a westerly direction along said south margin to an intersection with the west line of the northeast quarter of said Section 4; Thence in northerly direction,along said west line,a distance of 30.00 feet to an intersection with the southwest corner of the southeast quarter of said Section 33; Thence N 1°03'14-E,along the west line of said southeast quarter,a distance of 1,734.71 feet to an intersection with the boundary line of Lot 4,of King County Short Plat 775088,recording number 7710200755,records of King County, Washington; Thence N 1°03'14-E,along said boundary,a distance of 567.11 feet; Thence S 88°05'24"E,along said boundary,a distance of 300.00 feet; Thence N 1°03'14-E,along said boundary,a distance of 435.00 feet to an intersection with the north line of the southeast quarter of said Section 33; Thence S 88°05'24"E,along said north line,a distance of 1,092.25 feet to an intersection with the west line of Lot 1, King County Short Plat Number C1077001,recording number 7806080590,records of King County,Washington; Thence N 44°23'34"E,along said west line,a distance of 466.00 feet to the east line of said lot; Noid Thence S 42°37'47'E,along said east line,a distance of 21.32 feet to an intersection with the west line of the Plat of Fox Estates,recorded in Volume 143 of Plats,Pages 53 through 55,records of King County,Washington; Thence N 45°10'57 E,along said west line and it's extension thereof,a distance of 544.76 to an intersection with the northeasterly line of the Puget Sound Power and Light Company Transmission Line Easement,King County Recording Number 7105180453; Thence in a northwesterly direction along said northeasterly line to an intersection with the south line of the northeast quarter of the northeast quarter of said Section 33; Thence in a westerly direction along said south line to an intersection with west line of said subdivision(Excluding any portion of Lot 3,of King County Short Plat Number 779163R,recording number 8105060679,records of King County, Washington); Thence N 01°53'26"E,along said west line,a distance of 1,327.22 feet,more or less,to the north line of said subdivision and the intersection with the west line of the southeast quarter of the southeast quarter; Thence N 02°19'22"E,along said west line,a distance of 224.84 feet to an intersection with the west right-of-way margin of 128th Avenue Southeast; Thence N 18°17'20"W,along said west margin,a distance of 55.17 feet; '1.11110 Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) Thence N 0l°44'32"E,along said west margin,a distance of 55.17 feet; Thence 33.50 feet along said west margin on a tangential curve to the west,with a 25.00 foot radius to an intersection with the southerly right-of-way margin of right-of-way margin of John Petrovitsky Road Extension,King County Road Number 1401,also known as Southeast Petrovitsky Road; Thence in a southeasterly direction,along said south margin,to an intersection with the southerly extension of the east right-of-way margin of 128th Avenue Southeast; Thence in a northerly direction along said southerly extension to an intersection with the northerly right-of-way margin of said Southeast Petrovitsky Road; Thence in a southeasterly direction along said northerly margin to an intersection with the westerly right-of-way margin of 134th Avenue Southeast,also being on the boundary line of Tract"A",Plat of Fairwood Park Division 7,recorded in Volume 116 of Plats,Pages 88 through 90,records of King County,Washington; Thence 38.44 feet along said boundary on a tangential curve to the west,with a 25.00 foot radius; Thence N 06°19'54"W,along said boundary,a distance of 20.83 feet; Thence 95.75 feet along said boundary on a tangential curve to the east,with a 125.00 foot radius; Thence N 68°49'23"W,along said boundary,a distance of 100.00 feet; Thence N 15°08'04"E,along said boundary,a distance of 50.00 feet; Thence N 03°49'50"W,along said boundary,a distance of 75.58 feet; Thence N l0°54'32"W,along said boundary,a distance of 215.78 feet; Thence N 01°54'34"W,along said boundary,a distance of 85.00 feet; Thence N 05°43'52"E,along said boundary,a distance of 222.13 feet; Thence S 83°01'33"W,along said boundary,a distance of 104.44 feet; Thence N 06°58'27"W,along said boundary,a distance of 122.00 feet; Thence N 83°01'33"E,along said boundary,a distance of 200.00 feet; Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) Thence S 06°58'2T'E,along said boundary,a distance of 196.24 feet; Thence S 05°42'38"W,along said boundary,a distance of 45.52 feet; Thence N 83°01'33"E,along said boundary,a distance of 60.00 feet; Thence N 06°58'2T W,along said boundary,a distance of 130.64 feet; Thence N 83°01'33"E,along said boundary,a distance of 308.72 feet; Thence N 11°12'47"W,along said boundary,a distance of 286.29 feet; Thence N 48°10'37"E,along said boundary,a distance of 85.00 feet; Thence 97.23 feet along said boundary on a non tangential curve to the east,with a 242.54 foot radius; Thence N 18°51'11-W,along said boundary,a distance of 361.29 feet; Thence 114.98 feet along said boundary on a tangential curve to the west,with a 171.00 foot radius; Thence S 23°45'00"W,along said boundary,a distance of 123.95 feet; Thence N 67°47'47"W,along said boundary,a distance of 48.26 feet; Thence S 80°32'16"W,along said boundary,a distance of 57.67 feet; Thence S 88°51'32"W,along said boundary,a distance of 121.53 feet; Thence N 7l°09'08"W,along said boundary,a distance of 254.14 feet; Thence N 24°58'50"E,along said boundary,a distance of 127.61 feet; Thence 111.75 feet along said boundary on a non tangential curve to the east,with a 329.00 foot radius; Thence S 44°26'32"W,along said boundary,a distance of 157.76 feet; Thence N 74°35'11"W,along said boundary,a distance of 125.02 feet to an intersection with the west line of said Section 27; Exhibit D: Fairwood Community PAA Description (subject to adjustment by action of the King County Boundary Review Board) QOM Thence N 02°34'20"E,along said west line,a distance of 1,476.48 feet,more or less,to an intersection with the north line of the south half of the northeast quarter of said Section 28; Thence N 87°50'47 W,along said north line,to an intersection with the westerly right-of-way margin of 128th Avenue Southeast,also being a point on the east line of Lot 8,Block 3,Plat of Cascade Vista Number 5,recorded in Volume 68 of Plats,Page 65,records of King County,Washington; Thence N 2°29'54"E,along said east line,a distance of 100.36 feet; Thence 31.42 feet,along said east line,on a tangential curve to the west,with a 20.00 foot radius to an intersection with the north line of said lot; Thence northerly along a line perpendicular to the centerline of Southeast 164th Street,a distance of 60.00 feet, more or less to an intersection with the northerly right-of-way margin of SE 164th Street; Thence S 87°30'06'E,along said northerly margin,to an intersection with the west line of the east half of the northeast quarter of said Section 28; Thence N 01°59'35'E,along said west line,to an intersection with the south line of said Section 21; Thence S 87°30'06"E,along said south line,a distance of 549.44 feet,more or less to an intersection with east right-of- way margin of the City of Seattle Cedar River Pipeline; Thence in a northwesterly direction along said east margin to an intersection with the west line of the southeast quarter of the southeast quarter of said Section 21,also being the City Limits of Renton as annexed under Ordinance Number 1961; Thence in a northerly direction along said west line and city limits to an intersection with the north line of said southeast quarter of the southeast quarter of said Section 21,also being the City Limits of Renton as annexed under Ordinance Number 3723; Thence in an easterly direction along said north line and city limits to an intersection with the west line of said Section 22; Thence in a northerly direction along said west line and city limits to the POINT OF BEGINNING. TOGETHER WITH the Plat of Woodside at McGarvey Division 6,recorded in Volume 216 of Plats,Pages 55 through 62,records of King County,Washington, CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND KING COUNTY, RELATING TO THE ANNEXATION OF THE WEST HILL, BENSON HILL/CASCADE, AND FAIRWOOD COMMUNITY POTENTIAL ANNEXATION AREAS. WHEREAS,the City of Renton and King County have the authority under Chapter 39.34 RCW, the Interlocal Cooperation Act, to enter into this Agreement; and WHEREAS,the City and County desire to facilitate the near term transition of the City's remaining annexation areas from unincorporated status to being annexed to the City; and WHEREAS, the City and County have heretofore entered into an agreement relating to the annexation of the City's East Renton Potential Annexation Area(PAA); and WHEREAS, the City and County wish to establish a scheduled set of annexation election dates for the various annexation areas; and WHEREAS,the City will agree to create and staff community advisory task forces within the Benson Hill/Cascade PAA, West Hill PAA, and Fairwood Community PAA, and Maplewood Addition PAA; and WHEREAS, King County will provide certain funding to support the planning and transition of the annexation areas in advance of annexation; and WHEREAS, the City and King County wish to provide for additional annexation interlocal agreements to be negotiated in the future, with respect to the transition of services and facilities in each of the Potential Annexation Areas; and 1 RESOLUTION NO. *lire WHEREAS,King County wishes to provide certain funds to the City of Renton in order to partially offset the City's cost of transitioning and providing services to potential annexation areas, after annexation and subject to a separate annexation interlocal agreement; and WHEREAS, if the vote for an annexation shall initially fail, then the City shall commit to again place the issue before the voters, with the County's funding commitment for that annexation area to be reduced; 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 II. The Mayor and City Clerk are authorized to enter into an interlocal agreement between the City of Renton and King County relating to the annexation of the West Hill, Benson Hill/Cascade, Fairwood Community and Maplewood Addition Potential Annexation Areas. 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 Nue 2 i RESOLUTION NO. Approved as to form: Lawrence J. Warren, City Attorney RES.1216:10/27/06:ma uvirS 3 CITY OF RENTON COUNCIL AGENDA BILL AI#: / I Submitting Data: For Agenda of: November 6, 2006 Dept/Div/Board.. Community Services Staff Contact Jerry Rerecich, X6615 Agenda Status Consent Subject: Public Hearing.. Proposed use of unanticipated revenue from Ivar's Correspondence.. Ordinance XX Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Council Concur Legal Dept XX Finance Dept XX Other Fiscal Impact: Expenditure Required... Transfer/Amendment 1401,Amount Budgeted Revenue Generated $38,760 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Ivar's currently pays the City an annual rent in the amount of$110,000. Any net sales exceeding 1.1 million dollars is assessed an additional 12%. The actual revenue for 2005 amounted to an additional $38,760 to be paid to the City. STAFF RECOMMENDATION: Authorize allocation of the$38,760 in additional revenue from Ivar's to be applied to expenses incurred for Holiday Lights and adopt the budget amendment ordinance. fir✓ Rentonnet/agnbill/ bh ti`S O� COMMUNITY SERVICES 1.4 M EMOR ANDUM DATE: October 25, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: - - Kathy Keolker, Mayor r'r�1 FROM: Terry Higashiyama Community Services Administrator, X6606 STAFF CONTACT: Jerry Rerecich, Recreation Director, X6615 SUBJECT: Proposed Holiday Lighting Funding ISSUE: Should the Council approve use of unanticipated Ivar's, Inc. revenue to supplement funding the Holiday(Clam) Lights Program? BACKGROUND: The current contract with Ivar's, Inc. has a provision stating any amount of restaurant lofty revenue exceeding 1.1 million dollars per calendar year shall have an additional 12% assessed to be paid to the City. In 2006, the City received an additional amount of $38,760.00 from Ivar's 2005 revenues. Commencing in 2007 there will be an expenditure and revenue line item that will provide a means of supporting Holiday Lights. STAFF RECOMMENDATION: Staff recommends that Council authorize the additional revenue be allocated to supplement expenditures associated with"Holiday Lights." Attachment C: Jay Covington,Chief Administrative Officer Mike Bailey,Finance/IS Administrator `rrr' h:\jerry 06\issuepaperivars.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2006 BUDGET TO AUTHORIZE $38,760 IN UNANTICIPATED IVAR'S, INC., REVENUE TO OFFSET FUNDING OF HOLIDAY LIGHTS. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation to the Community Services Fund is hereby increased as follows: Fund 2006 Original Budget 2006 Adjusted Budget Increase Budget 101 0 $38,760 $38,760 Revenue is currently held within revenue account, Coulon Food Concession. Transfer of funds would result in an increase of funds within Recreation Services Self- Sustaining account. SECTION II. This project will be funded by increased revenues. SECTION III. This ordinance shall become effective immediately upon its passage, approval, and five (5) 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 stool1 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1290:11/0l/06:ma Nage 2 _.,4. CITY OF RENTON COUNCIL AGENDA BILL AI#. 1 ' -- Submitting Data: For Agenda of: November 6, 2006 Noe Dept/Div/Board.. Community Services Staff Contact Jerry Rerecich, X6615 Agenda Status Consent XX Subject: Public Hearing.. Amend the 2006 budget for intermittent parks and recreation staffing expenses. Correspondence.. Ordinance XX Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Refer to Finance Committee Legal Dept XX Finance Dept XX Other Fiscal Impact: tti Expenditure Required... Transfer/Amendment $35,000 Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The extended period of warm weather during the summer of 2006 created increased attendance at our facilities and the need for additional staff to handle crowd control and the extended sockeye season. These increased costs resulted in a shortfall in our intermittent salary accounts. STAFF RECOMMENDATION: Authorize increase of$35,000 to the Park Fund Budget to offset the increased overtime and labor costs for intermittent staffing and adopt the budget amendment ordinance. Iiiire Rentonnet/agnbill/ bh G(SY 0 COMMUNITY SERVICES �� o� MEMORANDUM rT DATE: November 1, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: ,i!- Kathy Keolker, Mayor Rl FROM: Terry Higashiyama.‘,tCommunity Services Administrator, X6606 STAFF CONTACT: Jerry Rerecich, Recreation Director, X6615 SUBJECT: Budget Amendment Authorization ISSUE: Should the Council approve use of increased revenues to offset a shortfall in the parks and recreation intermittent salary line item? BACKGROUND: The summer of 2006 we experienced record warm temperatures. This weather, coupled with an extended sockeye season, necessitated additional staff hours to handle crowd control. The additional staff resulted in part time staff hours exceeding our initial projections creating a$35,000 shortfall. STAFF RECOMMENDATION: Staff recommends that Council authorize the budget amendment in the amount of $35,000 to offset the increased overtime and labor costs. This funding shortfall will be offset by unanticipated revenues received from increased picnic shelter usage and Coulon boat launch fees. Attachment C: Jay Covington,Chief Administrative Officer Mike Bailey,Finance/IS Administrator Jerry Rerecich,Recreation Director h:\jerry 06\otissuepaper.doc CITY OF RENTON, WASHINGTON NIS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2006 BUDGET TO AUTHORIZE $35,000 FROM INCREASED REVENUES TO OFFSET INCREASED OVERTIME AND LABOR COSTS DUE TO WEATHER RELATED CROWD CONTROL AND THE EXTENDED SOCKEYE SEASON. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation to the Community Services Fund is hereby increased as follows: Fund 2006 Original Budget 2006 Adjusted Budget Increase Budget 101 $4,220 $35,000 $39,220 Increased overtime and labor costs were funded through the Recreation Division Intermittent Salaries & Wages Swimming Pool account. SECTION II. This project will be funded by increased revenues. SECTION III. This ordinance shall become effective immediately upon its passage, approval, and five (5) 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 1 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1291:11/01/06:ma ikorw 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: ! Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk November 6, 2006 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-06-004; Court Case Correspondence.. Patrick Gress v. City of Renton & Renton City Police Ordinance Resolution Old Business Exhibits: New Business Summons and Petition Study Sessions Information Recommended Action: Approvals: Refer to City Attorney and Insurance Services Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Summons and Petition for Removal of Proceedings and Return of Property from Forfeiture Action filed in King County District Court on behalf of Patrick Gress by Peter T. Connick, 157 Yesler Way, #518, Seattle, 98104, requesting removal of forfeiture proceeding to district court and return of plaintiffs property seized by the Renton Police Department on 3/23/2006. �..r.r..rrp CITY OF PcNTON OCT 1926 1 f . RWvia Abd Lex/ j Now, cr 1C% 2 .�.� i - • �a:oS�,,r� 4 0 7 6 6 1 (CI• E i 4 • I __ s _ OCT 1 3 ZOOF• 1"AR ?`/+,H RRr.p 6 r h { _'la ,fid I . IN THE DISTRICT COURT FOR THE DELNf:3E2:670X STATE OF WAS -!�. TON,�� 8 KING COUNTY— SOUTH DIVISION ON 4( 9 OCT 1 l?10 4 PATRICK GRESS ) BY I?4 10 Plaintiff, 11 v. NO. ABC LEGAL MESS GE PETITION FOR REMOVAL AS 12 CITY OF RENTON& ) OF PROCEEDING AND RENTON CITY POLICE , ) RETURN OF PROPERTY 13 ) FROM FORFEITURE ACTION Respondent. ) 14 is TO: THE ABOVE-ENTITLED CITY, NewTO: RENTON POLICE DEPARTMENT and 16 TO: RENTION CITY ATTORNEY 17 PETITION Pursuant to the provisions of RCW 69.50 et seq. and RCW 69.50.050 in particular, 18 PATRICK GRESS, by and through the Law Office of Pete Connick, hereby issues his 19 Petition, stating as follows: 20 21 A. Parties. 1. The City of Renton is a municipality established and operated under the laws of the 22 State of Washington. 23 2. The City of Renton is governed with a mayor-council form of govenunent and the 24 Renton Police Department is a governmental unit and/or department of that City. EL., 25 3. Patrick Gress is the owner of a vehicle seized by the Renton Police Department on Dp.Th 26 03/23/06 at 435 Williams Avenue North in the City of Renton, King County, WA. 27 � ,� PETITION FOR REMOVAL & Law Office of ,,,. RETURN OF PROPERTY PETER T. CONNICK Page 1 of 3 6t?,: c4hifr' >1Z. 157 Yesler Way,#518 /?a/(vL Seattle, WA 98104 m i n t (206)624-5958 � GC Fax: (206)343-1374 voinamik 1 2 B. Jurisdiction and Venue. 3 1. Jurisdiction is properly in King County District Court. RCW 69.50.050(5) provides that a drug forfeiture hearing shall be held before the chief law enforcement officer of a seizing 4 agency or that person's designee "...except that any person asserting a claim or right may 5 remove the matter to a court of competent jurisdiction...". 6 2. RCW 69.50.050(5) also provides that "The person seeking removal of the matter must serve process against the ... municipality that operates the seizing agency...."and that"(t)he 7 court to which the matter is to be removed shall be the district court when the aggregate value 8 of personal property is within the jurisdictional limit set forth in RCW 3.66.020." 9 3. RCW 3.66.020 provides that jurisdiction lies in the district court if "...the value of the claim or the amount at issue does not exceed fifty thousand dollars..." The property that was 10 the subject of seizure in this case, a white 1997 Infinity J30, does not exceed the value of fifty 11 thousand dollars. 12 4. The Renton Police seized Patrick Gress' 1997 Infinity J30, WA license #333-UNF, on 03/23/06. A notice of forfeiture was served 03/23/06 (attached). Patrick Gress responded to 13 the forfeiture action within forty-five days and asked for removal of the mater to district court. 14 15 5. Despite Patrick Gress's request to the City of Renton Police Department for removal of 16 the matter to district court, the City of Renton set a forfeiture hearing before a hearing examiner (for 06/20/06 and then 06/27/06). On or about 06/21/06 Patrick Gress retained the 17 services of undersigned counsel who filed a notice of appearance with the Renton Police Department and requested removal of the action to a court of competent jurisdiction. This 18 action follows. 19 6. As mentioned above, the seizure occurred on 03/23/06 at 435 Williams Avenue North in 20 the City of Renton,King County, WA. Venue is properly before the district court. 21 C. Cause of Action For Return Of Vehicle 22 1. On 03/23/06 at 435 Williams Avenue North in the City of Renton, King County, WA, 23 the Renton police seized Patrick Gress' vehicle — i.e. a white 1997 Infinity J30, WA license #333-UNF. The police issued a notice of seizure asserting their intent to forfeit his rights in 24 that property. 25 26 27 28 PETITION FOR REMOVAL & Law Office of RETURN OF PROPERTY PETER T. CONNICK Page 2 of 3 157 Yesler Way,#518 Seattle, WA 98104 (206)624-5958 Fax:(206)343-1374 1 2. Under RCW 69.50.505 law enforcement can only seize property 2 used for illegal drug activity or represents the proceeds of illegal drugsales.is he property be this case was not intended to be used for illegal gin 3 illegal drug sales. g activity nor does it represent proceeds of WHEREFORE,Patrick Gress requests the following relief: 5 1. Removal of the forfeiture proceeding to district court as provided by law. 6 2. Return of his property that is the subject of this forfeiture—i.e. white 1997 Infinity J30, 7 WA license #333-UNF. 8 3. Return of all other property that was seized at the same time as the 1997 Infinity J30- 9 UNF, WA license#333-UNF, but not made the subject of this forfeiture. to 4. Reasonable costs and attorney fees and such other relief as the court deems fair and 11 . equitable. 12 DATED this 5th day of October, 2 0! . J 13 14 15 'E 4NNICK—WSBA #12560 16 Defe .e Attorney 17 18 19 20 21 22 23 24 25 26 27 PETITION FOR REMOVAL & RETURN OF PROPERTY Law Office of "' PETER T. CONNICK Page 3 of 3 157 Yesler Way,#518 Seattle, WA 98104 (206)624-5958 Fax: (206)343-1374 IPIf TT vr • 41, AEGIS OCTITY OF RENTON wlj '•g;�,�r; • Police Department—Garry Anderson, Chief Nationally Accredited Agency Jesse Tanner,Mayor 6j NOTICE OF SEIZURE AND INTENDED FORFEITURE YQ To: Patrick John Gress, dob 02-09-1954 ;:• `` Date: 03-23-2006 12451 l'Ave S Seattle WA 98168 '= f ' 2(,r/fi DELVER• notified that (l e TO You are hereby the property identified below is being or has been seized byeinitritx of Renton Po is • _ Department under the authority of RCW 69.50.505(a)and(b) or, in the case of firearms, under the toIGle>j9gl It is the intent of the City to forfeit the property in accordance with procedure set forth in 1.1/69. - .505(c)or, Ii e case of firearms,in accordance with Chapter 9.41 RCW. ,E. AEC LEGAL You have the right to a civil hearing to determine whether probable cause existed for the seizure am, ��;t defense you may have. The hearing may be held before the chief law enforcement officer of the City of Renton or i''S14S designee, or, if the property other than firearms is valued in excess of$500, you may remove the hearing to a court of competent jurisdiction. Firearms hearings may be held before a district or superior court. In order to claim the seized property or firearms and to obtain a hearing, you must notify the City of Renton Police Department in writing (certified mail preferably) of your claim of ownership or right to possession of the property or firearm within 45 days of the date of seizure. • Failure to notify the City of Renton Police Department within 45 days of seizure will result in'the forfeiture of the property, including firearms, to the City of Renton. Description of articles seized for which forfeiture is sought: 1997 Infinity130,4 door, white behICIc/Aarcraft/Vessel Officer Signing ori ircki WA license 333-UNFetsea,Chief of Police t'7..der� V.I.N. JNKAY2IDXVM400415 K h1 o5e-4 License Number and VIN City of Renton 1055 South Grady Way Renton,WA 98055 03-23-2006 2006-3356 Equipment,Firearms, Currency, Other Date of Seizure / Case Number I. $80 2. 1 hereby certify that I am a police officer of the City of 3. Renton and that I served a copy of this notice on: 4. 5. Patrick J Gress 6. Address: 12451 151 Ave S 7. Seattle,WA 98168 8. Date Served: 03-23-2006,served at Renton Jail 9. Served By: -..' P korde_I/915--7‘ CiPt RPD328 08/31/98 RCW 69.50.505(a)/(G)/(c) `A IN THE DISTRICT COURT FIO' S. '1 F WASHINGTON Now, KING COUNTY-,' t/ � :� '� dprrV/M,-- 6 Q76 PATRICK GRESS, ) ��C 7 6 Plaintiff, ) '` ' No. zOrO F v. ) A CITY OF RENTON & 1r , RENTON CITY POLICE, ) SUMMONS (20 ilaxy . , . Defendant. ) , 7$DELIVER D TQ TO: THE ABOVE-ENTITLED CITY TO: RENTON POLICE DEPARTMENT and ON OCT 16 2006 @oie, TO: RENTON CITY ATTORNEY BY n 4 ABC LEGA ES A lawsuit has been started against you in the above entitled court by PATRICK MSEN GERS GRESS, plaintiff. Plaintiffs claim is stated in the written complaint, a copy of which is served upon you with this summons. In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and serve a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default %me judgment may be entered against you without notice. A default judgment is one where plaintiff is entitled to what he asks for because you have not responded. If you serve a notice of appearance on the undersigned person you are entitled to notice before a default judgment may be entered. Any response or notice of appearance which you serve on any party to this lawsuit must also be filed by you with the court within 20 days after the service of summons, excluding the day of service. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. This summons is issued pursu. • . e Civil Rules for Courts of Limited Jurisdiction. PET ' T. CONNICK Print or Type Name ( )Plaintiff(X)Plaintiffs Attorney 157 Yesler Way Suite 518 Seattle, WA 98104 (206) 624-5958 FAX(206) 343-1374 Dated /_ _7t2 �� of KING COUNTY DISTRICT COURT STATE OF WASHINGTON SOUTH DIVISION, KING COUNTY COURTHOUSE (RJC) CASE INFORMATION COVER SHEET Case Number Attorney Name Pete Connick Bar No. #12560 Plaintiff/Petitioner Patrick Gress Defendant/Respondent City of Renton/Renton City8 Pol i re Amount Requested $ Return of property + rn.qtc airy lope etn Please check one category that best describes this case for indexing purposes. Accurate case indexing not only saves time in docketing new cases,but helps in forecasting needed judicial resources. Cause of action definitions are listed on this form. Thank you for your cooperation. Automobile Damages(AUT) _Loan(LOA) _Public Tow(PUB) _Breach of Contract(BRE) _NSF Check(NSF) Rent(REN) _Damage Deposit(DD) _Open Account(OPA) _Replevin(REP) _Deposition Sister State(DEP) _Other(OTH) Restitution(RES) `4400 _Foreclosure Lien(FOR) _Petition for Seized Goods(PFS) Services Rendered(SER) _Goods and Services(GS) _Personal Injury(PIN) _Transcript(TRN) _Lease Agreement(LA) _Private Tow(PRI) _Wages(WAG) _Property Damages(PRP) _Written Instrument(WR) If you cannot determine the appropriate category,please describe the cause of action below: Removal of Forfeiture acn6n & request tor return of property (See RCW 69.50.505) CASE INFORMATION COVERSHEET DEFINITIONS Automobile Damages—Complaint involving damage to an Personal Injury—Complaint involving physical injury. automobile. Petition for Seized Goods—Petition for return of money or Breach of Contract—Complaint involving monetary dispute possessions seized by a police agency. where a breach of contract is involved. Private Tow—Request for impound hearing where vehicle Damage Deposit -Request for the return of damage deposit. was towed from personal property. Deposition Sister State—Request by out of state party for Property Damage—Complaint involving damage to judge to sign subpoena/subpoena duces tecum for party property. within the court's venue. Public Tow—Request for impound hearing where vehicle Foreclosure—Complaint involving termination of ownership is towed from public property. rights when a mortgage or tax foreclosure is involved, Rent—Money due for rent owing. where ownership is not in question, Replevin—Action for recovery of plaintiff personal Goods and Services—Money owed for goods and services property or monetary value. rendered. Restitution—Petition for restoring property or proceeds; Lease Agreement—Money owed on leas agreement. not an unlawful detainer. Loan—Money due on a loan. Services—Money due for services rendered. NSF Check—Check written with non-sufficient funds in the Transcript—Transcript of judgment filed from another court. bank. Wages—Money owed for wages earned. Open Account—Money due on a revolving account. Written Instrument—Money owed based upon a written Other—Only used when all other cause codes do not apply. instrument such as a promissory note, contract,etc. r CITY OF RENTON COUNCIL AGENDA BILL AI#: a Submitting Data: Planning/Building/Public Works For Agenda of: November 6, 2006 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. Ordinance City of Renton code for new short plats and the Resolution Meadow II Short Plat(LUA05-157) Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Administrative Short Plat Report&Decision Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional right-of-way is a strip of land 107.65' x 5' wide, (538.25 sq.ft.), required for the minimum 50' street widening of Meadow Ave N. and is a condition of the Meadow II Short Plat, LUA05-157. Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. C:\Documents and Settings\User\Desktop\Meadow II SHPL 02m AGNBILL.doc Return Address: . City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 334270-0615 Project File#: LUA-05-157-SHPL-A Street Intersection:MEADOW AVE NO/N 38TH ST Reference Number(s)of Documents assigned or released:Additional reference numbers are on page . Grantor(s): Grantee(s): 1. MEADOW2 LLC 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) A FIVE FOOT WIDE PARCEL OF LAND FOR RIGHT-OF-WAY FOR MEADOW AVENUE NORTH. ALL BEING LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s): Grantee(s): City of Renton Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )ss ACKNOWLEDGMENT COUNTY OF KING I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: likor deed Page 1 INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING On this day of , 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: *41100 deed Page 2 Project: *ore Exhibit A WO# Legal Description GID GRANTOR: Street: THE WEST 5.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: Tract 121, Hillman's Lake Washington of Eden Addition to Seattle Number 2, according to the short plat thereof recorded in Volume 11 of Short Plats, page 64, in King County, Washington; EXCEPT that portion lying within secondary State Highway Number 2-A. • • • $WPE.h' WI Z1dI .. • 0 11332�p • i • 4k,1 '' I S"C " • jONAL Liu— • EXPIRES 11/30/06 deed Page 3 , t • Map Exhibit *NO I . ...,,,......... .....„. ................... I I ,.i.:-...Pi-.... •-.:•F ;.:::•,:.: :•.: :.::.,.:::..:•.-:,..:. .:, ••••.:,.. :: F:•., i.ii. I I I Ti... 33427:, --E':Eil8 I i .. \- - '''‘ -71.4t- • -_, S88•4210•E 110.30\ \\ 5.0 105.30 20' 5'ROAD DEDICATION \\[ 16.06'\ \ L 0 T 1 ,.., \ d <9, coN r ,.. \ W 0, \ -J .-J < 51 I'D '/ Ill V/ \ 4 4- 0 N 16. '' HOUSE • 2 Q FF ELEV=170.66 7 AIII •• 8 >..' ' c4 • 3606 MEADOW AVE NORM 27.100 I '''l 03 IIII / zUI III A K 17.42\ . IN11111111111f <. z.- ,, 12.23'4p N8 .36.17"E , . U. '4111100 i 39.48' \ I cn r \ — s8921'2WE 63.26' 1 0 ? 4"--5.25' I I 501'34'01"W j P.' 0 54 2 0 I , 5.00' / r* 11) X *tIC z MAILBOXES \ , LOT\2 0 Lu •.. . ' ,,, 2, • 1°, .....1 11 vitt—- S \ \ \ I .... ''.. 1 06 U) I I '. DEEDED To-CITY OF RENTON \_ \ -- --- ,, REC. N0._ •\ - .,E,6 Q i 20' \ ' ' .... .,.- i ai N. \ ,,,,,, < I > <>4 '' . . . , \ •.—..... .t . < 1.1 , - ..,A R RY-1 .., 2aoo* 5.0 - 1 \ 99.80 ' 0 1 ,,, S88'4'2431\104.80' \ ••••GRAVEL."-• \ \ 0 •\ i 6. CYCLONE 0r 1 \...._CONCRETE i < iii \ - .-:•- WALL FENCE 4 i r".....wome/A•••••••••••••••? 1 2 I • i I , i e k +$111/PE k e I I sir I t•--.) i I , k 1•,,, ,c.i, -k. ,, % 4—41-`). i I (!lz _---- k . 4 0510 20 15821, Ol 1 • '.711;/.•:1'13 A& $ 0 0 • • 11332 • / 0 '10At 0 -411, LO k k•, o EXPIRES 11/30/06 11•••••••.••••••••rnm,,,fewii 0 lemOi deed Page 4 • , . . r . B4 - 29 T24N R5E W 1/2 '_r. - - - = CUR ,- + - ' — — — — il /----- � - - - u .. - . — unginia alla It a — 1 ►- 4/ St 1 I' _ ____ _ _, ..n. .... sr/ ...__I-, ,,,--.4- ''?-22,-----L----, - .,w,t; .N--"- swit9 irimi r-liu 0 ____ ___. , ir Ai r -gal Ifekto. al m .-. al MUM NE 1— A.,V.2,4 Mt riairMIN ..6.-as . iiR mil . . _ _ affia... : - a — arn1111111 .� i_VI ii i i 1 iii 4 , a . cio, -o . . ff, AIM . ....A n, ,7-0-- if si 4: MI, "\, .../,-4 - Al •Meru r ;,ril r. NEI 36t1 z •wie ,..iaNT CillinIMMUNIARN I��teT/H,�� � • �II� �:o - . . 8 ����i ��. � erg a ;� , _ . �/�IllA/�A/11�1��1�� ■imi/lam �� : �`�. j - -sa rp1 I ci: Iwnatiliit .ig !i s . 1 : ,Ric NI-gui/Ai11All IIiC a r ii. / - r R I /Wpm "' 3r3'IJ1IiW: IWWW1t mon 'AO' -. .. 41M111111 inimminumliiml n ion y 1;6 II will' k n ail■ti R-e ■ - ' e. !Bill PROWERIII In Can/ • I1, • ` lln If--s ■ iningimmifl Hp %� 13,13 RU RIIii cilli I/CMI' . •• ` ,......„. k8e /VIII 'I hili» N o t Rl�! i = C /r�finillifilifullyR 4 �„ � qi II fit D4 - 5T23NR513W1/2 aZONING --->�a� Limit.,o city mitLimit., 9 1� �pp 0 `p° C-4 . 4 IB/PW TECHNICAL SERVICES 11 ?'7 A-1'T D ZZ' 117 1 Pi • REPORT City of Renton Department of Planning/Building/Public WorksNS DECISION ADMINISTRATIVE SHORT PLAT AND VARIANCE REPORT& DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPORT DATE: February 23, 2006 Project Name Meadow II Short Plat Owners: Jack& Frances Long,4230 160th Avenue SE, Bellevue, WA 98006 Applicant: Jeff Long, Meadow 2 LLC,2624 260th Place SE, Sammamish, WA 98075-7907 Contact: Tom Redding, Baima& Holmberg, Inc., 100 Front Street S, Issaquah,WA 98027 File Number.- LUA-05-157, SHPL-A Project Manager: Valerie Kinast,Associate Planner Project Description Administrative Land Use Action (Short Plat Review) for the subdivision of one existing parcel, 11,577 square feet (0.27 acres) zoned Residential —8 dwelling units per acre, into two lots. The applicant proposes to retain the existing house on Lot 1. A shed on the neighboring lot to the north is encroaching onto the site. The area of proposed Lot 1 would be 6,009 square feet, and Lot 2 would be 5,030 square feet. Both lots would access directly from Meadow Avenue N. Project Location 3606 Meadow Avenue North, Renton, WA 98056 I SITE I C�, J, , jilt "' €; . ---- t F, 4 . , 8 T , _ 4 N a•yy,;, it 5 11111111:— — ( Project Location Map Admin Repot Meadow ll.doc • City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED February 23,2006;PROJECT LUA-05-157,SHPL-A Page 3 Section 4-7-150: Streets-General Requirements and Minimum Standards Noire Section 4-7-170: Residential Lots-General Requirements and Minimum Standards 5. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element—Residential Single Family 2. Community Design Element G. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant, Jeff Long, is proposing to subdivide an existing parcel into two lots. The site is 0.27 acres (11,577 square feet) in area. It is zoned Residential—8 dwelling units per acre (R-8). The property is located on the east side of Meadow Avenue N, north of N 36th Street at 3606 Meadow Avenue N. The property is currently developed with a 2,150 square foot single-family residence, which the owners are planning to retain. A shed located on the lot to the north is encroaching approximately 3 feet by 16 feet onto the site. Proposed lot sizes are: Lot 1 —6,009 sq. ft., and Lot 2-5,030 sq.ft.. The proposal for the eventual construction of one new single-family house would arrive at a density of 7.9 dwelling units per net acre (du/ac). The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling units per acre. Access to the proposed lots would be provided via private residential driveways directly from Meadow Avenue N. The site slopes downward toward the rear of the lot, with slopes of 6 to 10 percent. Of the currently existing eight trees on the site (three cherry, one cedar, three firs and one alder) the applicant proposes to remove three. 2. Environmental Review Except when located on lands covered by water or with sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various City departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistancy with Development Regulations a) Compliance with Subdivision Review Procedures At the time of application for a short plat, a master application form must be submitted that is signed by all owners of the property being subdivided (RMC 4-8-120C). Case law has set precedence that when structures owned by others are encroaching onto the lot being subdivided, the owners of the encroaching structures must also be party to the recording of the short plat if the issue is not resolved prior to recording (41.Wn.App 457). In the proposed Meadow II Short Plat there is a shed encroaching onto the lot from the property to the north of the site. The owner of the shed has sent a letter to City of Renton staff indicating that she is aware of this and would like to resolve the issue. Staff recommends as a condition of approval, that the applicant submit documentation that the encroachment issue has been resolved prior to short plat recording, or that a Master Application Form signed by the owner of the encroaching shed be submitted, indicating her approval of the subdivision. Admin Report Meadow II.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED February 23,2006;PROJECT LUA-05-157,SHPL-A Page 5 arrive at a net density of 7.9 dwelling units per acre, which is within the allowed density rangefr the R-8 zone. 4.400 The allowed building lot coverage in the R-8 zone is 35 percent or 2,500 square feet, whichever is greater for lots over 5,000 square feet in size. Lots 5,000 square feet in size or less are allowed a maximum of 50 percent lot coverage. The existing house would be well below the allowable lot coverage. The lot coverage on Lot 2 would be verified at the time of building permit review. The required minimum setbacks in the R-8 zone are as follows: Front yard - 15 feet for the primary structure and 20 feet for a garage;Side yard- 5 feet; Side yard along a street or access easement - 15 feet for the primary structure and 20 feet for a garage; Rear yard - 20 feet. The proposed lots would front on Meadow Avenue N. The setbacks for the new house on Lot 2 would be verified at the time of building permit review. At the time of approval, the existing house on Lot 1 will be in conformance with setback requirements. It has a covered porch at the front that is located 17 feet from the front lot line. When five feet of frontage are dedicated to right-of-way, the house will no longer be in conformance with the setback regulations. For this reason, staff recommends that a condition of approval be placed on the short plat, that prior to recording, a deed restriction be placed on Lot 1, and a note be placed on the face of the plat, requiring that when the house is destroyed, removed or demolished, new structures on the lot must meet the setback requirements in effect at the time of new construction. The parking regulations require that each detached or semi-attached dwelling provide a minimum of 2 off-street parking spaces. As proposed, each lot would have adequate area to provide two off- street parking spaces. The landscaping requirements for short plats in the R-8 zone include a landscape strip along the frontage of the site, and 2 trees in the front yard area of all lots in the short plat. Existing vegetation may count toward this requirement. The minimum amount of landscaping required for sites abutting a non-arterial public street, such as Meadow Avenue N, is 5 feet provided that if there is additional undeveloped right-of-way in excess of 5 feet, this shall also be landscaped. If no additional area is available within the public right-of-way due to required improvements, the 5-foot landscaped strip may be located within private property abutting the public right-of-way. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately. The two trees must be installed in the 15-foot front yard setback area for the proposed lots. They must have a minimum caliper of 1-1/2 inches (deciduous) or be 6—8 feet in height(coniferous). Presently the site is landscaped in the manner of other lots in the neighborhood. There are a total of eight trees on the site (three cherry, one cedar, three firs and one alder). The tree plan submitted by the applicant shows three trees slated for removal: Two fir trees and the alder. A conceptual landscape plan was submitted with the application. The landscape plan proposes retaining the existing vegetation, including two cherry trees in the front yard of Lot 1, and a cherry, cedar, and fir tree, and an 8-foot high shrub in the front yard of Lot 2. The existing landscaping is proposed to be retained to meet the landscaping requirements. The number of trees being retained in the front yard area and the fact that the vegetation is well established fulfills the landscaping requirements. Staff recommends as a condition of short plat approval that the required detailed landscape plan be submitted at the time of application for utility construction permits showing the existing plantings along the frontage of the lot. d) Compliance with Subdivision Regulations Streets: The Meadow II Short Plat fronts on Meadow Ave. NE, which is residential street. There are no curbs, gutters or sidewalks along the frontage of the site. The subdivision regulations require the installation of public improvements prior to recording of the short plat, including but not limited to street paving, lighting and signage. The applicant will be required to dedicate five feet of right-of-way fronting the site in Meadow Ave N., which they have depicted on their short plat plan, to contribute toward the required minimum right-of-way width of fifty feet. A deferral of street ,440004 improvements was granted for the project, under the condition that a restrictive covenant be recorded with the short plat, requiring the owners to construct or pay for street improvements at a later date. Therefore, staff has recommended as a condition of plat approval, that such a restrictive covenant be recorded with the short plat. Admin Report Meadow ll.doc H • City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED February 23,2006;PROJECT LUA-05-157,SHPL-A Page 7 and a fire hydrant is required to be located within 300 feet of all single-family residences. `ame Additional fire flow and hydrants are required if the total square footage of the new single-family structures is greater than 3,600 square feet. Existing and new hydrants will be required to be retrofitted with Storz "quick disconnect" fittings if not existing. The Renton Fire Department and water engineer will determine the location of a new fire hydrant if required. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Based on the student generation factor, the proposed short plat would result in 0.5 additional students (0.44 X 1 lot = 0.44 rounded up to 0.5 students) to the local schools. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal. Surface Water. There are no storm drainage improvements fronting the site in Meadow Ave N. A Storm Drainage Report prepared by Baima & Holmberg Inc. dated November 11, 2005 was submitted with the application. The City's public works plan reviewer has determined that the report has addressed the requirement of collection of roof downspouts as outlined in the 1998 KCSWM and appears to be acceptable conceptually. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. Staff recommends as a condition of short plat approval, that this project be designed and comply with the State Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. All new rockeries or retaining walls to be constructed that are greater than 4 feet in height will be require a separate building permit. Proper drainage measures are required. System Development Charges shall be paid at the current rate of$759.00 per new single-family lot.The fee is payable prior to the issuance of the utility construction permit. Water and Sanitary Sewer Utilities: There is an existing 12-inch water main in Meadow Ave N. Now' Derated fire flow in the vicinity is approximately 3,500 gpm. Water pressure in the area is approximately 65 psi. The proposed project is located in the 320 Water Pressure Zone and is outside an Aquifer Protection Zone. All short plats shall provide a separate water service to each new building lot prior to recording of the short plat. The System Development Charge for water shall be $1,956.00 for each new single-family residential lot. Total water fee for the Meadow II Short Plat is $1,956.00 and is payable at the time the utility construction permit is issued. There is an existing 8-inch sewer main fronting the site in Meadow Ave N. All short plats shall provide a separate side sewer stub to each new building lot prior to recording of the short plat. Minimum slope shall be 2%. Applicant will need to verify location of existing side sewer to the existing home. It may need to be relocated as part of this subdivision. The System Development Charge for sewer shall be $1,017.00 per new single-family residential lot. Total sewer fee is $1,017.00, for the Meadow II Short Plat, and is payable at the time the utility construction permit is issued. Separate permits for the side sewer, storm and water meter will be required. Applicant shall be responsible for securing all necessary easements for utilities. All wire utilities shall be installed underground per the City of Renton Undergrounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. H. Findings: Having reviewed the written record in the matter, the City now enters the following: Request: The applicant has requested Administrative Short Plat Approval for the Meadow II Short Plat, File No. LUA-05-157, SHPL-A. Now 2. Application: The applicant's short plat application complies with the requirements for information necessary for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Single Family(RSF)land use designation. Admin Report Meadow ll.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED February 23,2006;PROJECT LUA-05-157,SHPL-A Page 9 6. The applicant shall pay a Fire Mitigation Fee based on a rate of$488.00 per new single-family lot w' credit given for the existing residence prior to recording of the short plat. The fee for this short platy estimated at$488.00. 7. The applicant shall provide an Erosion Control Plan, designed and complying with the Washington State Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. DATE OF DECISION ON LAND USE ACTION: SIGNATURES: I147 2)/Z.V#6 Gregg A.Zimmnan /B/PW Administrator decision date TRANSMITTED this 23"'day of February, 2006 to the Applicant: Jeff Long Meadow 2 LLC 2624 260th Place SE Sammamish,WA 98075-7907 TRANSMITTED this 23r"day of February, 2006 to the Owners: Jack&Frances Long 4230 160th Avenue SE Bellevue,WA 98006 TRANSMITTED this 2e day of February, 2006 to the Contact: Tom Redding Baima&Holmberg, Inc. 100 Front Street S Issaquah,WA 98027 TRANSMITTED this 23"day of February, 2006 to the Parties of Record: Barbara Johnnie 3612 Meadow Avenue N Renton,WA 98056 TRANSMITTED this 23"'day of February, 2006 to the following: Larry Meckling,Building Official Stan Engler, Fire Marshal Neil Watts,Development Services Director Jennifer Henning Kayren Kittrick Jan Conklin Carrie Olson Lawrence J.Warren,City Attorney King County Journal Land Use Action Appeals& Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period(RCW 43.21.C.075(3);WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to Admin Report Meadow I/.doc (. A .` APPROVALS: COUNTY RECORDING NO. VOL/PACE l .'TY OF RENTON CITY OF RENTON DEPARTMENT OF ASSESSMENTS EXanMad and approwid the_-day N 20Examinod and apprm d MM_-day of 20_- SHORT PLAT # WA— — —SPL WO-20-C4DS Administrator,Planning/BWMInq/PURIM Warta MoamarGRAPHIC SCALE M 0 W r M CERTIFICATION o.paty Amato KNOW ALL MEN BY TNESE PROVOS that w,UN UndorN9ned e.n.r. 3 34270-061 5 M tid herm, o d�41.o..aa,a0.6.. nolo a gnat Account Nombre (DI ME?) subdtdsion a eanM,end then sold anal wedhNion le mall.IM"Ue fr ar .want I IeoE 20}L end In wanton«.N0 in.desire or Nm minora. MEADOW 2 SHORT PLAT LEOAL DESCRIPTION IN MIMS RNEREOP w hole net as Nods. FOUND MONUMENT se 1/4,N.W.1/4 SEC.32,TWN.24 N.POE 5 E.WM. N • ST N CASE TRACT 121,/91.1.MAWS LANE WASHINGTON CARDEN CP EDEN AMMON TO NATION0.2. L MUM 9/14/200A FOUND Ma/N U CASE ACCORDING TO THE PT THEREOF 6E00000 N V0.UME 11 OF PLATS,PAGE 64.RECORDS OF 4 z MATEO 9/14/2004 MO COUNTY,RAMS/410N. U! if N ' — — STUATE IN THE COUNTY OF NING,STATE OF WASHINGTON. '1 Ili N 38TH ST t -" II MEADOW 2.10 FORST WINOS BANK a RENTON PPSW�sAr p1Ao sl/9,> m g Iy N 38111 11 1 STATEM aOFw�TDN S • I CORNY THAT 1 101QW OR HAVE SATIWACTORy CADENCE THAT NORM My UVF UNG 01S TONED MIS INSTRUMENT MID AERNOR1E00{D IT1KN`y� FREE AND ?P,J.•.:T 1T.::Ili;;'rAFI'..:.y,Y.( WAUNTARY ACT FOR THE UM AND PURPOSES MtlERMI NT' �nlH.i?:;-; DATE 1 I '1ARiiEFi I:ili:hi Tii :LI:.AT',is'it? .. . .:, UNARM CrNOTARY PUMM I PEC.32-24-13sau1NRc24-13CORNER I T:, 22427ii-iiii18 PROM NAME OF NOTARY PUN, Ott Ce NO. I mITBOL Na 1N9 1 \/'1B8 OVERHANG re I • SDE MIN-35' ^'11 -- 1334.24• • c,, MY APPOINiMD1T EXPIRES 2633.50. 4 _Y b3,62 MAD UUN1 TH 1/4 --- I S98Nriel 110.30 t� SEC.32 CORNER 2a s'ROAD DEOCAn0I/ 1. /lAnni OTT OF RENTON CONTROL No.299 STATE OF WASHINGTON) ee L e T 1 COUNTY Of IOW > t r TAX PARCEL: 334270-09/8 LEOEM. I ON TN[ NAT OF 20_x- BEFORE ME, Tet&mon.AREA.11.577 S0.FT SCT REBM t CAP �' • Q THE UNDERSIGNED NOTARY Puna N AND FOR TIM STATE OF WASHINGTON, • u is 32 b L; i/ I PwERaoNAuv APPEARED 10 ME CION to PROPOSED NUMBER O'Lon.2 THAT EXECUTED ME FOREGOING NSTRUMDt!t, AND WT AOL o _ ` HOUSE / 1V ACWWWAEDGED SAID INSTRUMENT TO BE UNE FREIE AND VOLUNTARY ACT AND TOTAL SITE ARCA.0.27 ACRE 11.577 we tt. WHEATON _ - Ail, FY E121'.110.N DEED W SAD CORPORATION F011 ME USES AND PURPOSES TH[BEN AREA or 0000*oY......n. 170 Cl MENTIONED AND ON OATH STATED THAT WAS AUTIONIZED TD ETIEWTE SAM INSTRUMENT. AREA OF DEDICATON.138 w.it ��dNR��rypp N MN=WHEREOF,I NAVE HEREUNTO OCT MY NAND ANO AMID MY U IIQIBHu Rif . -'1 �' a OFFICIAL SEAL INS DAY ANO YEAR FW/ST ASOW BRIMS. 3-,48' / U. SIGNATURE OF 1 er11.1i _. ;N;3;or.w, ' 0NOTARY N0UaDAZED PR0POBEfl082 BUOY►rte 1.•' fr) _ MY APPOINTMENT DARES I.OT/AREA• RODS .0.Ft.. ;. MAILBOWS LOT 2"y 0 H PRINTED NAME LOT 2 ARCA. 5610 .n FT.. t>7 �yNt PSNC _2__S0.FL ilk. 20' '66 V) OF WASHINGTON)� PBICpERCEN ITAOI OF OF LAND N AND STREETS.—{c •j' I Q COUNTY OF ONO ) uj 0 Y ON THE—.....--DAY or 20_ BEFORE ME. musto'1333 s6 Fr.(MST male ONLY) >a 111161111111k Y rdd "�- GARAGE- SOL.rt, 1HE CMALLYINSINED NOTARY NSW N AND FOR TF1[STATE Of YDCl1NOWN/{ ta00' 111 PDtSotaur APPEARED TO ME KNOWN a ��, _...--..i..-._._ ------ - RE or /NAT =WED THE FOREGOING NSTRUMID T. AND I -cRAvtL- 104' ,{/(//1 ACKNORIDOFD SND INSTRUMENT TO BE THE FREE AND MU/4A Y ACT ANE M+ CONCRETE a'CvCtoNt !'-- • - D® Of SAB) CORPORATION FOR THE USES ANO PURPOSES 11EIEN REQ 4 WALL FENCE • ED AND ON OATH STATED THAT BASIS OF REARMO R-1 SWM WE SNORT PLAT EU WAS RU WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT. LUA-es-TN-SUPE 1a I N 111/NESS 1,4051.f,I HAVE IMJIELIIITO SET MY HAND AND AFFIXED MY �WANK NSR4S45'W,ON CENTERLINE or N. V0..11A P0.211 OFFICIAL9[K 1/4E DAY AND YEAR FRST ABOVE YRITIEN. 38TH STREET.PER VON VUE SNORT PLAT, R-2 OTT aF MN71y/9MOPT I RECORDS N VOLUME 118 OF ABBEYS,PAGE 232. PLAT UM-05-011-SPL P"'L SOMME OF RERDS OF KNIT COUNTY.WASNINCION. L S:i.2 7(I-.:181(: NOTARY PUBUC ESSIBUIlaanalI = TWD DATED MY APPOINTMENT EXPIRES INSTRUMENT USED:S SECOND TOTAL STATION. I 0 5 IO Q 20 4 PROMO NAME — --I — -- - teig ` FIELD SURVEY WAS SY CLOSED TRAVERSE LOOPS, ACCORDANCE WACL03PS332-"w-AS 00000°'N N 36TH ST SCALE 1" . 20' RECORDER'S CERTIFICATE LAND SURVEYOR'S CERTIFICATE s` wA Ho BAIMA & HOLMBERG INC. 0 'tNj ENGINEERS 8 SURVEYORS Mad for record this. day of 20 ot, M TM.SNOB w Plot orootly represents o survey model by MEADOW 2 J ff. \ 100 FRONT STREET SOUTH MSSAOUAN,WASHINGTON 06027 a mor under my*action In Oonformanoe wtth tis M book. of at page at the reallaat of `la (425) 392-0250 reQulremente of the appropriate State and County i Joe YRLUAM SHUPE HOLMBERG. Statute and Ordinance In..An—2011.,,. SHORT PLAT +. DNH.Br DATE DW No. 1472-018 .�y�J MSN/Mu 11-29-OS p11tl NO. 1472-016 /C'EtL I,pO CFISO.BY SCALL SHEET .. Mgr. Supt. of Bacardi, Certfloate No. ....13,372 aDP°Y° X0/0°.0 w5H 1'.20' 1 or 1 00IAOO'1172-01ALd.OSt172-016 a•9 12/B/2005 7.0223 AN PST i81/t ;1._ W PORTION OF THE N.W. 1/4, OF SEC. 32, TN 24 N., RGE 5 E., W.M.W CITY OF RENTON, WASHINGTON :01:07;?"'. ,�,"� 15 3804 ST W __--_ 'mm EMNIa Q N r-6 1 m r---_ - al Y un tf vita , 1 I 3 ''111 IV 'IC W Z f ! 8 16111 sr V i 3 N • }3N , LEGAL DESCRIPTION 0 . A I NOTES TRACT WOLN xOF c m A 0111CNE 1a"AuEATTLE NO. I .1._... 2,ACCd1O1 0 TO INE RAT T,EMOF A I n I 1. EXISTING FIRE HYDRANT PROVIDES MEMO)m MANE II Of hon.PACE ea, SCALE r M 20' b ADEQUATE FIRE PROTECTION FOR THIS SHORT RECORDS OF MNG COUNTY,WASNINOT0N 6 ruu'r un uT.�NANu I1.1'..;',",',...":`,"1,1,,, A0 1111 I PGT. SITUATE 51 ME COUNTY Of MG,STATE Of 11/000 10f l' l+<�4f.At11F.'Wl:!.V,', " , I WASMNCIO". d I 1 'l 33l:"I./IfJIB 2. THE EXISTING(3) CHERRY TREES, (1) IE Y r„_.a_ I BUSH, AND LAWN GRASS WILL REMAIN ALONG BASIS OF BEARING 11 I a._ +y TIIKLAN FRONTAGE TO PROVIDE REQUIRED i II ` "• LANDSCAPING, NEW eEAunc.Nee•u•ae'W,an cENrERUNE S -� 11 '! 0ST55 E ns_�i� A I MY,MOORDED STREET,NEa OF AM WE SNORT �� ISO ''a �� 3. A FRONTAGE BIPROVMENTS DEFERRAL WAS "'222bbb M'ro.o omit WW, wW.[YS.PAa to Mmms Tr nMO APPLIED FOR WITH THE CITY OF RENTON eaMrv,wASMwTw I� _�+ BOARD OF PUBLIC WORKS.IF DEFERRAL IS F)- l' L'T I DENIED,THE REWIRED FRONTAGE BENCHMARK 4 i` .J,46.42.70...? i4,tz_._. -- t IMPROVEMENTS MIL BE CONSTRUCTED. arr RENTON NO,SSC S ` ..".i -.1. - y 4 TOP Of NMO NM x nu ENT Of „ , i - ( . i 1 4.STORMOATER FROM FUTURE HOUSE ON LOT CENTERLINE MTEMECTC"Of PARK AVENUE b k I , 2 WILL BE DISPERSED, TO BE DETERMINED NORM Mo NORTM s1Ro PLACE .'$r.Q- -.(`, _ ELEVATION.MILOS FEET 4L. DURING BUILDING PERMIT APPLICATION. -= Illi , r y Z DATUM NASD 55 >- u. 4 .�_s _.,'���ti F N 3 INSTRUMENTATION RK���� -yp$q�S \ ��., 1 INSTRUMENT USED:5 SEC0N0 TOTAL STATION ill FFAWEWf E >:.,,E '�"O1"ANNLOT ll q NR R LOCI%WORN CLOOS RE Of LOOONS WAASS ,mK \� 1::LOOa IN ACCORDANCE WM WAC t lS 1 I,y p \ 1p ,p 11x-1w-OSo. \ Rn[RRmOVlM Y t �/ '4� „P v OWNER/DEVELOPER: x. �=M MEADOW L EEC '1 Q''-'---...--,-t>2� ..11� MA xeOM RACE S.E. 1'1'1 8 ( a5. \ `0 0 0M^ (\...c.,,, ,, Y�M`� „,,,,m46.." SANMAMHN.WA 96OTS NI f�� 11`TRNmI- Ma s RATER MIR I ENGINEER/SURVEYOR: 1, 1 C 1 I m SERB NMRKat 10000 FRONTSTREETG,INC. SSAOUM•WA. SS027 I 71. a:407041310 HE 1 al M T I �!® dDM IME i ii b 1 I I ✓R, Am MC t I e WOW MCC i I I 0 vas, :ml. 1 • 1 I 1 I i W 1 I - -- - H 30TH ST —— —— —— —— —— —— 1:'. .A.w„,loft m" iN.7"° 1 • M ���� ��Call nn*"`NNIM1IOATM WWM KWO,/�MF,W.W War I?I� 16 Rt W,NLR M GNAYCNRf.'M1""417011VNR M PN. Mr �)19. RW,114, VP"YAIRf WR TAMS Lwr T t NE I 1-600.424.8$58 1°"Wa Mt e,AT AMMO11TS T O+a+MurIr..ra MmTn Nor sWMeITO 0 '5.018(8I . ,77....*M WW 3 M.WPE EPME IAA_ 0 CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: November 6, 2006 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance Windstone II Short Plat(LUA04-124) Resolution Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Hearing Examinier's Report Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional right-of-way is 8,971 sq.ft. of land to create a cul-de-sac at the end of Mt. Baker Ave NE and a strip of land 161.58' x 12' wide (2,178.95 sq.ft) required for the minimum street widening of Nile Ave NE. and is a Hearing Examiner's condition of the Windstone II Short Plat, LUA04-124. Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. L:\PlanReview\COLSON\Shortplats 2006\Windstone II SHPL 05m AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 032305-9035 Project File#:LUA-04-124-SHPL Street Intersection: NE 17th Street and Mt.Baker Avenue NE Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. KBS Development Corp. 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 2 ) A portion of the following described property: Lot W of King County Boundary Line Adjustment Number L00L0087,filed under King County Recording Number 20020702900007. Situated in the City of Renton,King County,Washington. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. %of IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. ADnroved and Accented By: Grantor(s): KBS Development Corp. Grantee(s): City of Renton Kathy Keolker,Mayor Bonnie I. Walton,City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Niore 1459 WS2 road dedication2.DOC\dw Page 1 Revised 7-25-2006 arrrrrrrrw Form 84 0001/bh IN WITNESS WHEREOF,I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and *41011, of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) On this day of ,20 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 1459 WS2 road dedication2.DOC\dw Page 2 Revised 7-25-2006 Project: Windstone II Exhibit A WO# PID Legal Description GRANTOR: KBS Development Corp. Street: NE 17`h St and Mt.Baker Ave NE Dedication description for 148t Avenue Southeast: The East 12 feet of Lot W of King County Boundary Line Adjustment Number L00L0087, Filed under King County Recording Number 20020702900007. AND Dedication description for Mt. Baker Avenue Northeast: Commencing at the Southeast corner of Lot W of King County Boundary Line Adjustment Number L00L0087, filed under King County Recording Number 20020702900007; thence North 87°49'15" West, along the South line of said Lot W,a distance of 327.01 feet to the True Point of Beginning; thence North 02°10'45"East,a distance of 2.07 feet to the beginning of a curve tangent to said line; thence Northeasterly a distance of 19.90 feet along the curve concave to the Southeast, having a radius of 15.00 feet and a central angle of 76°00'52"to a point of reverse curvature; thence Northwesterly a distance of 279.89 feet along the arc of said curve to the South having a radius of 55 feet and a central angle of 291°34'19"to a point of reverse curvature; thence Southerly,a distance of 15.51 feet along the arc of said curve concave to the West having a radius of 25.00 feet and a central angle of 35°33'27"; thence South 02°10'45" West,tangent to said curve,a distance of 23.48 feet to said South line of said Lot W; thence South 87°49'15"East,along the South line of said Lot W,a distance of 42.00 feet to the True Point of Beginning; Situate in the City of Renton, County of King, State of Washington All situate in Section 3, Township 23 North, Range 5 East of the Willamette Meridian. 1459 WS2 road dedication2.DOC\dw Page 3 Revised 7-25-2006 Exhibit "B" Windstone II Road Dedication ...iiE N.LINE OF S 1/2 OF NE 1/4 OF E 1/4 N21'527-62"E S87.37'38"E 16.20' 508'31'42"E 427.39 ' N2515'32"E 20.35' 9.82' N42'54'49"E a N1210'40" 7.05' N N. 29.24' N65'29'00"E in •ni 31.15 Lot w Cu ^co 1" = 100' KC BLA # LOOL0087 S 124.99' *coat; S52'26'33"E Rec . No . 20020702900007 . (125.00' Deed) o, 14.34' S87.49'O8"E l' NO6'33'25" N46'48'41"E L=248.46' 112.99' I'Io W 37.70' 6.71' a= 284.42'49" - 1n; • U3 J, R=50.00' PR,c s✓° Road Dedication `�� s,.5 543'01'15"E m m a,,� for MT BAKER AVE NE 14.29' P-.-- x% 610'46'45"E A c l a Qi �N20'0 3.20' L=13.00 N Cu -+ 21.40' A= 29.47.58" R=15.00' in in .r, N 12'36'16"E R=25.00' t= 74'54'51" :'�� iv co L=19.61' 12' Road Dedication ^ o ^ N}• 31.61 407'20'16"E NO2'10'45"E for 148th Ave SE..., Z,� 0 7 fy�,y 4'98 190.88' 32.73' 02'10'45"Ecv`�' 42.0. 7.24' 315.01' .': ' ,dpi \q��i 687'49'15"E 559.89' ��N H. Q F WAS � �, Centre 33701 9th Avenue South �� O Federal Way, WA, 98003 ' ~ '0.1 .-� , ` N (253) 661-1901 "•�� o - ' ` Pointe rl- Ill4,��lF� 9F 38965�p Q�`c. , �lpN4t ISTEQ`O cpp 1 Surveying L ''`EXPIRES 05-23-2007 i L - " e •-_.__.' .el -„ R-I.4- .. .., k ob .. 0 s; II . SE P. nilly r IN E mmo n E� � ti iii 102 ir viP.T40 14,r4741 r,.1 tt I ii*, tkryttlatig,, ittijobi 'i : 1 ,., - soio- Nfig sw0 a ”- ;4e111* t ,,,,: 1 44 pi, „irk., g• �j , el i , i a .-a ' T SE 10 es 4thi U ! �# S I LI SE10,1thSt. r � .rI � i � GtT� t.t114 v• ;, fi Imo TIM iii a 4.FA is od inI+� . 0.4N ,..„, ,,r r .,...•;;y:1 ill - PI 11 IIP 91° NI ' -** F SE91714! 111, re1 ■ 1.1 1 ill II " 8 1 .7.AVV4 ',,,,:f..,/ 11 Ii SE 112th PI. offs ` SE 113th E6 - to T23N ME E Ili I ZONDIG rlarrtyIMPROCAL*WV= Nine £.� 3 T23N R5E E 1/2 6' fB/7 February 8 2005 OFFICE OF THE HEARLNG EXAMINER CITY OF RENTON Minutes APPLICANT: KBS 111 LLC 12320 NE 8th Street. Ste., 100 Bellevue, WA 98005 CONTACT: Wayne Potter Barghausen Engineering 18215 72nd Avenue South Kent,WA 98032 OWNER: Virginia Luck 285 Sand Dune Avenue NW Ocean Shores, WA 98569 Stoneridge 11 Short Plat LUA 04-124, SI-IPL-I-1. ECF LOCATION: 1727 Nile Avenue NE SUMMARY OF REQUEST: !tearing Examiner Short Plat approval for a nine lot subdivision of a 3.6 acre site. 'tastes SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on December 28,2004. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application,field checking the property and surrounding area;the Examiner conducted a public hearing on the subject as follows: MINUTES The fiillowhtg minutes are a summary of the January 4,2005/rearing. The legal record is recorded on CD. The hearing opened on Tuesday.January 4. 2005.at 9:49 a.m. in the Council Chambers on the seventh floor of the Renton City 1-tall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map application. proof of posting. proof of publication and other documentation pertinent to this request. Stoneridge 11 Short Plat File No.: LUA-04-124, SHPL-I-1, ECF • February 8. 2005 'tr'' Page 2 Exhibit No.3: Preliminary Short Plat Exhibit No. 4: Preliminary Utility. Grading and Drainage Plan Exhibit No.5: Zoning Map Exhibit No.6: All Stoneridge I plats and short plats within the arca Exhibit No. Written comments by Ms. Donnelly The hearing opened with a presentation of the staff report by Susan Flab. Senior Planner. Development Services,City of Renton. 1055 S Grady Way, Renton, Washington 98055. Stoneridge H is also known as Windstone II because there are four different plats in this arca. Stoneridge I was platted in King County and the final plat is now with City of Renton as it was annexed in. The applicant is now changing the name of all the developments to Windstonc. This plat is located in the eastern portion of the City of Renton. It contains nine lots and one tract and is located to the west of Nile Avenue NE and north ofNE Sunset Boulevard,as it is in the City of Renton. when it moves into King County it is known as the Renton/Issaquah Road or State Route 900. This development is vested under the development regulations of the R-5, it currently is zoned R-4 effective November 10. 2004. Approximately one mile north of the site is May Creek, there is also a tributary of I\lay Creek. Greene's Creek. yam,,. that runs through the subject site. There is an unnamed tributary on the site which flows into Greene's Creek and then !lows into May Creek. There are wetlands on site as well. There is an existing_single-family development to the west of the site and was built under the R-8 zone. The Environmental Review Committee issued a Determination of Non-Significance—Mitigated with 12 measures. An appeal was tiled and later withdrawn. The subject site is designated Residential Low Density(RLD)on the Comprehensive Plan Land Use Map. The proposed site does meet all the requirements of the land use,housing and environmental elements of the Comprehensive Plan that are applicable to the RLD within the City of Renton. The net density after all deductions have been taken is 2.84 dwelling units per acre. The lots in the subject development meet all requirements of lot size,width and depth. It appears that all lots comply with the setback requirements and these would be verified at the time of individual building permit review. Existing buildings located on the site arc proposed to be removed. The proposal's compliance with building standards would be verified prior to the issuance of individual building permits. The side lot lines of the proposed lots are generally at right angles to street lines. All lots would have access to pubic roadways. Lots 8 and 9 would be accessed via a 20-foot wide shared driveway. All lots comply with arrangement and access requirements of the Subdivision Regulations. A 12-foot right-of-way dedication is required for Nile Avenue NE. As well, street improvements along the frontages of Road A(Mt. Baker Avenue NE)and Nile Avenue NE arc required, including pavement,sidewalks. and City of Renton streetlights prior to recording of the final short plat. Stoneridge 11 Short Plat File No.: LUA-04-124. SIIPL-H, ECF February 8,2005 Page 3 As part of the Stoneridge I development,platted under King County.secondary access was required and is now under construction. The secondary access(emergency only)comes from the west through the existing single- family development front NE 16"Street to NE 17" Street. Prior to approval of this short plat.the secondary access to both Stoneridge I and II must be completed. Staff recommends the establishment of a maintenance agreement for all common improvements. There are streams and wetlands located on the site.Greene's Creek in the eastern portion of the short plat and the tributary on the west portion. These streams/drainage courses are noted to provide a 25-foot buffer from the ordinary high water mark. No tree cutting or land clearing would be permitted within these buffers. Discussion was had regarding the tree cutting plan and why more trees were not being saved. It was stated that there could be the possibility of saving some trees. Lot 4 was discussed,other larger trees seem to be located within the building pad areas and would have to be removed. Staff is recommending that two new trees per lot be included as part of each individual lot as a condition of short plat approval. Fire,l raffic and Mitigation Fees arc proposed. The site is located within the boundaries of the Issaquah School District. City code requires the applicant to pay the appropriate ISD impact fees. The School District has indicated that they can accommodate the additional students. A preliminary storm drainage report was submitted, the system was designed to meet Level 3 standards for ' water for water quality and detention. Runoff collected from Lots 1-7 and Mt. Baker Avenue NE would be by catch basins and pipe conveyance system that will drain into a wetland/detention pond located in Tract A. Runoff from Lots 8 and 9 and the frontage improvements to Nile Avenue NE would be collected in a similar fashion and drain to a wet vault located in the northeast corner of new Lot 9. The proposed development is within the water service area of Water District 90. A Certificate of Water Availability has been obtained. An 8-inch sewer main is being installed as part of Stoneridge I. This sewer main is proposed to be stubbed to the access road of the subject short plat which a sewer main extension along this new road will be required. This parcel is subject to the Honey Creek Interceptor Special Assessment District. Staff recommends approval of this short plat subject to 7 conditions. Wayne Potter. Barghausen Engineers. 18215 72nd Ave S.Kent, WA 98032 stated that he would like to provide several clarifications. first the question of the west property line. At the time that KBS Development Corporation was developing Stoneridge 1 in King County,there was an agreement between the property owners. Virginia Luck, to only sell a portion of her properties. At that time the agreement was that she only wanted to sell the west half on the side of that tributary and to follow the required buffer. A boundary line adjustment was processed that would allow a complete application to be submitted to King County. Since then. Mrs. Luck entertained the idea of selling this parcel as well and that is why they are here today. They concur with staff's recommendations for this plat, however_ he would like to clarify a couple of matters. Stoneridge II Short Plat File No.: LUA-04-124,SI!PLR ECF February 8,2005 Page 4 First. it was indicated that there was a 35-foot buffer requirement along Greene's Creek which is correct, however, if you look at conditions 8 and 9 of SEPA the 35-foot increase is for Greene's Creek.the 25-foot would remain for the unnamed tributary and the wetlands. Ms. Fiala stated that that was correct. Second. with respect to Plat Condition 2,a demolition permit has been obtained and all clearing of buildings has taken place on the site. As part of Stoneridge I several buildings were demolished, the existing structure on this particular plat was in disrepair and there were concerns,so a demolition permit was obtained and the existing home was removed as well. There are no structures on the site. With regards to trees, he stated that he was no expert. but during the last 17 year of construction when mass grading is done,quite a hit of material will be moved on site. A lot of times when trees arc moved or material is brought in,then problems arise once the houses are built the property owners are concerned that the trees will blow down on their homes. Quite a few trees are being left on site within the buffer. The site will be providing street trees and landscaping. They will work with staff during the building stage to properly address those trees. Regarding the road extension to the north,the property owner to the north is Mr. Wolf and they have contracted with him and that application will conic before the Hearing Examiner as Windstone 111. The dash line is placed on the exhibit as requested by stall'to see how the connection would take place. There is a lot of grade change from east to west,NE 17111Street required climbing a hill and that is why you see the design provided here. This is a possible connection,exactly how that connection is going to happen is uncertain, but as those properties do develop that is one potential. There is currently a driveway that crosses Greene's Creek that has been there for years and how Mr. Wolf maintains his property. Finally,just to clarify that Stoneridge I which is currently under construction is not before the Hearing Examiner Now today and that any opposition or comments today are to be specifically towards the plat that is before the Examiner today. Claudia Donnelly. 10415 147th Ave. SE. Renton. WA 98059 stated that Green's Creek runs through her property and she has some concerns. Her property is approximately 500 feet north of the Stoneridge development and Stoneridge 11. She brought some pictures of damage being done to the Creek. She was present to try to protect her property and the fish in May Creek. There is a state law that says that downstream property owners cannot have their property harmed by upstream development,and she is seeing harm happening. May Creek is the home of 3 species of salmon,at a 2001 hearing before the King County Hearing Examiner, the developer's experts stated that they had found a Chinook spawning bed 0.9 river miles downstream from where Greene's Creek enters May Creek. With all the recent muddy yellow water going downstream.site is sure that the Chinook spawning bed is now destroyed. On December 8. she sent a letter to Renton City Clerk asking to be able to see the Stoneridge II file along with some other documents. She received a reply on December 17 and visited City I lall on December 22. She saw some documents from the original Stoneridge file and the Windstone III file. She asked about the Stoneridge II file, she was not given the opportunity to view that file. She was informed yesterday that she could ask questions at the hearing today,she felt she could not ask questions due to not knowing what the developer had submitted in his reports. There are many concerns of dirty storm water coming down the stream and clearing without the proper permits. During the summer of 2004. KBS cleared the property that will comprise the Stoneridge development, there is an erosion hazard site located on this property. On August 23 she found gobs of mud in the streambed located on her property. She talked to Jason Jordan about the situation, he noted that KBS had called and stated that the detention pond had broken,spilling water down Greene's Stream.Jason stated that the City had given KBS until ,, that Friday to fix the problem or the development would he red tagged. On August 25 she noted yellow water . t Stoneridge II Short Plat File No.: LUA-04-124. SHPL-H. ECF February 8,2005 Page 5 coming Greene's Stream. She called Ecology, Fish and Wildlife, King County Surface Water Management.and May Valley Environmental Council seeking help. Later that day a Fish and Wildlife officer came out and said that something needed to be done. She went to the development and stopped the water from coming down. A sample was taken to Jason(she showed a bottle of water from that day). The Examiner asked if that was relevant to this project. They did have a detention pond break and that may explain some of the problems. He checked on the conditions imposed by the ERC. I-Ie asked if she had some objections to this specific plat or the conditions that staff recommended. Concerns about the prior development may be taken to the appropriate agencies including the City of Renton. This plat before us today must meet the various storm water requirements, which apparently it does. Obviously there have been some mistakes and hopefully those have been corrected. Before us today is the nine-lot plat that is different than the other plats. Ms. Donnelly stated that she requested to see the file and she was denied the access. Ms. Fiala stated that it ++as her belief-that the file was in another office getting ready for sending to the Hearing Examiner's office,and those at the front counter at that time did not know it was back there. The Examiner stated that he was aware of her concern for the creek. He was not clear as to what conditions King County imposed on the previous development and that is not within his jurisdiction. If DOE or Fisheries have concerns, they can intervene and the City can also help. The schedule was checked. Ms. Donnelly will be given the opportunity to look at the file and review the information that is in the file for this short plat. Mr. Potter stated that they had no problems w ith allowing Ms. Donnelly to review the information. He did question if this was a new public hearing where new witnesses could present or is the hearing extension going to be limited to information that Ms. Donnelly has after reviewing the file? The Examiner stated that he could not deny her an expert witness after reading the information. to respond to or ask questions about the issue. A whole series of new witnesses will not be allowed to come in.other than those that might address the concerns raised,at the point we are dealing with storm drainage,Greene's Creek,and the buffers. Juliana Fries. Development Services stated that as part of Stoneridge i there is a culvert along 148th Avenue SE that is King County right-of-way. King County is requiring the current 24-inch culvert to be upgraded to a 36- inch culvert. The City of Renton's requirement is to make sure that the high water mark on Greene's Creek will mark where the 35-foot buffer should begin. Ms. Donnelly will have her written comments to the Examiner's office on January 11,2005 by 5:00 p.m. Mr. Potter will have one week from January II to have his written response to the Examiner. The record will be held open for the Examiners review of the written comments. Ali Sadr. Barghausen Engineers, 18215 72"d Ave. S., Kent, WA 98032 stated that he did the design for the storm drainage system. It was known that there was a potential problem down stream and that's why the water control facility was designed for this project. Stoneridge Il Short Plat File No.: LUA-04-I24. SHPL-I I, ECU February 8,2005 yam, Page 6 The Examiner called for further testimony regarding this project. There was no one else wishing to speak. and no further comments from staff. The hearing closed at 9:48 a.m. FINDINGS,CONCLUSIONS& RECOMMENDATION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant. Wayne Potter, Barghausen Engineers, tiled a request for a nine-lot short plat. 2. The yellow file containing the staff report. the State Environmental Policy Act (SEPA)documentation and other pertinent materials was entered into the record as Exhibit gl. 3. The Environmental Review Committee(FRC), the City's responsible official issued a Determination of Non-Significance- litigated(DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 1727 Nile Avenue NE. The subject site is located on the west side of Nile about a block north of Sunset Boulevard NE and south of NE 20th Street(SE 104th Street in King County). rr 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of low-density residential development,but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-4(Single Family-4 dwelling units/acre). The applicant submitted the application while the subject site was still zoned R-5(Single Family-5 dwelling units per acre)and has a right to have the application considered under that categorization. 8. The subject site was annexed to the City with the adoption of Ordinance 5068 enacted in April 2004. 9. The subject site is approximately 3.6 acres or approximately 158.259 square feet. The subject site is irregularly shaped and is approximately 560 feet wide(east to west) by 300 feet deep. 10. The subject site slopes downward to the northwest. Two streams, Greene's Creek,a tributary to May Creek, and an unnamed creek.a tributary to Greene's Creek,cross the subject site. Greene's Creek runs at a diagonal across the east third of the subject site. The unnamed creek runs along the western margin of the subject site. Their confluence is north of the subject site. In addition to the creeks.there are two wetlands. A Category 3 wetland. a regulated wetland.that will be protected. is located adjacent to the westerly unnamed creek. The second wetland,an unregulated wetland,will also be protected since it lies within the Greene's Creek buffer. 11. The site was logged a few years ago and the re-growth is mainly small alder and shrubs. Trees in the wetland and creek areas would be retained. The rest of the site would be cleared for allow development of building pads. roads and driveways. • .Stoneridge 11 Short Plat File No.: LUA-04-124. SHPL-H. ECF February 8,2005 Page 7 12. The applicant proposes dividing the subject site into nine lots that would range in size from approximately 8,903 square feet to 18.565 square feet. There would also be a tract,Tract A, located in the northwest corner of the site that would contain the stormwater facility and a portion of sensitive area. Seven of the nine lots would be arrayed around a central cul-de-sac,proposed Mt Baker Avenue NE. Proposed Lot 8 would have a access directly out to Nile Avenue while Proposed Lot 9 would have a pipestem access to Nile. 13. The applicant proposes extending a cul-de-sac north from NE 17th Street into the subject site. It would provide access to Proposed Lots 1 to 7. Nile would provide access to Proposed Lots 8 and 9. 14. The subject site is located within the Issaquah School District. The City has imposed an impact fee of $2.937.00 for each new single-family lot constructed in the Issaquah district under RMC 1-1-160C. 15. The density for the plat would be 2.84 dwelling units per acre after subtracting sensitive areas such as the creel:.wetlands and the roadways. 16. The development will increase traffic approximately 10 trips per unit or approximately 90 trips for the 9 single-family homes. Approximately ten percent of the trips.or approximately 10 additional peak hour trips will be generated in the morning and evening. 17. The subject site will utilize two stormwater control systems. The main portion of the site will drain to the northwest and Tract A. Proposed Lots 8 and 9 will use a wet vault located on Proposed Lot 9. Stotmwater will be subject to a Level 3 Control regime which is the strictest. The project will also be subject in general to the 1998 King County Stormwater Manual as well as the Department of Ecology's standards regarding erosion control. 18. The development of adjacent property by this applicant apparently did create erosion and stormwater problems downstream. It appears that during a storm event the temporary detention and erosion control systems did not perform fully. The City also reports that some of the noted problems may have been caused by additional third party property even further upstream. 19. Sewer service will be extended to serve the subject site. Domestic water will be provided by Water District 90. 20. The applicant will be required to dedicate 12 feet along the eastern edge of the subject site to allow the widening of Nile Avenue NE. CONCLUSIONS: 1. The proposed plat appears to serve the public use and interest. The applicant will be protecting the creeks and wetlands on the subject site assuring the preservation of the natural features of this property. The proposed density of 2.84 acres complies with the Zoning Code's R-5, the zoning that was vested. as well as the current R-4 zoning. 2. While there have been downstream problems with sediment, it appears that the proposed development will be subject to the most stringent stormwater development regulations. That should protect both the creeks that flow through the subject site as well as downstream water bodies. The City found the stormwater analysis appropriate and the ERC imposed a series of mitigation measures in addition to the code-required measures. Stoneridge II Short Plat File No.: LUA-04-124,SI IPL f I. ECF February 8,2005 'grow Page 8 3. The applicant will be offsetting impacts to the roadways,emergency services and parks by paving the mitigation tees associated with single-family development. In this case, the applicant will also be paying an impact fee to offset impacts on the Issaquah School District. 4. The development of this site will increase the tax base of the City. It will also provide additional housing choices and in this case,choices with environmental amenities closely associated with most of the proposed lots. 5. In conclusion,the proposed short plat appears to be an appropriate division and use of the subject site. DECISIOiN: The short plat is approved subject to the following conditions: 1. The applicant shall comply with the conditions imposed by the ERC. 2. Lot 8 shall utilize the 20-foot private access easement that also provides access to Lot 9. A note shall be placed on the face ofthe final short plat stating this requirement. The satisfaction of this requirement is subject to the review and approval of Development Services. 3. A twelve-foot right-of-way dedication is required along the short plat's frontage with Nile Avenue NE. The dedication shall occur at the time of final recording of the short plat. 4. Prior to recording ofthe Stoneridge II Short Plat.the dedication of the access road through Stoneridge I (LUA 04-046, FP)and associated improvements of the road shall be completed if Stoneridge I is not yet recorded. 5. A maintenance agreement shall be created concurrently with the recording of the short plat in order to establish maintenance responsibilities for all shared improvements. The agreement shall be placed on the face of the final short plat prior to recording. 6. The applicant shall be required to plant two new approved trees within the 20-foot front yard setback area of all lots within the short plat. The applicant shall be required to record a restrictive covenant against the property prior to final short plat recording, which indicates that two trees are required to be planted within the front yard setback area of each new lot. This condition shall be subject to the review and approval of the Development Services Division and the trees shall be planted prior to final building permit inspection. 7. Prior to recording the short plat,the dedication of the sewer main (through Stoneridge I. LUA 04-046, FP)to the existing downstream public sanitary sewer system shall be required, if not yet in place. 8. The dedication along Niles Avenue NE shall be forwarded to the City Council. Stoneridge Il Short Plat File No.: LUA-04-124, SI IPL-11, ECF February 8,2005 Page 9 , ORDERED THIS 8'h day of February 2005 FRED J. KA MAN HEARING E AMINER TRANSMITTED THiS 8'h day of February 2005 to the parties of record: Susan Fiala Claudia Donnelly Chad Armour 1055 S Grady Way 10415 147th Ave SE 6500 126'''Ave SE Renton, WA 98055 Renton. WA 98059 1.3ellevue. WA 98006 Wayne Potter Ali Sadr Barghausen Engineers 13arghausen Engineers 18215 72''d Ave S 18215 72"d Ave S Kent. WA 98032 Kent, WA 98032 TRANSMITTED THIS 8th day of February 2005 to the following: Mayor Kathy Keolker-Wheeler Stan Engler. Fire .lay C ovin aon. Chief Administratk c OIlicer I_arr� Mecklin Building Official Julia Mcdzcgian.Council Liaison Planning Conimnission Larry Warren. City Attorney Transportation Division Gregg Zimmerman. Pl1I'W Administrator Utilities Division Alex Pietsch, Economic Development Neil Watts. Development Services Jennifer Henning, Development Services Janet Conklin, Development Services Stacy Tucker, Development Services King County Journal Pursuant to Title IV.Chapter 8. Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,February 22,2005. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact.error in judgment. or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant,and the Examiner may. after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title IV.Chapter 8. Section 110, which requires that such appeal be filed with the City Clerk,accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department. first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,February 22,2005. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in Stoneridge II Short Plat File No.: LUA-04-124,SHPL-H, ECF February 8.2005 Page 10 private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the 1-fearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. IOW `+err+' w V 1 Ii 11 1 /�'i """"" i rAlb::: A.& ' /0070 902 S f.WI qw r— 3 + 02.315;1:2W 122704 maiinam.iis� mu, i ..• < .! 0222oi 0 7201 •� 0323059159 e�D _-- ...... - -- o2]t sm rta. u200aaoos �4011. Q;aky] 0100 1 {72.030010 03200i 032305-9047e0e 002201 !.20! Ra 522990 A ix...) ° .°.. ;177, S 626190040110055 OS I 40238. - _.- ------ 1141o2pem70 CM'co FemtoN �' 5.22000 4:1 NI f o r032305-9014 022100.3021t )IN 622990407 01.13 AO 1 �-MR II ? � , , "-- . 1 1 \ 1„._ Q 00]'O � 1 • y..� 5221 I SI ,r- \ 't; (1)A5 Ati ; 0 " li ,, \ '' 1720004010INI i i .4.,. r 5411 '';1 `�. 032305•�Q34 151 odir� 1 ';;� i11.00 0020 -- 1 f �,-- 1_..�.__' i 007* u'1iO"• @ r 1.I 032306.9270 i..- 1 �421.6.903J I. .! ! . for at 0329059260 ��' .r1 ou2oe 0 ; i or ho c.., 0002 1 III 1 I CffYOP 1�o, x�, 1!� :*! 1 , t 032305-9277 0223oS90t8 _ ---J, i Ian COUNTY !is;11.1..11 i ,1214, 032305---._!� 9120 032305 �>a 9070 u• Yak<: %032305 9270 (2•4 7 k) 121T�) 022305 0�` t : 9021 (j `.....` f IF! nom�o�e .,,:, /,�?j°` .. "" ,�,?1'"o>:2a �+0-17/ 1 0171 '•: J 1 `.a' W (._ . I (k • ( ( , i- - b. PREUMINARY SHORT PLAT I r 11 1 �� r:=3:1,1!."...�� FOR T-4a A= STONE RIDGE II O. tEiAIM IMAJMNI,ri**2 OTT YI; romlorl OP THE OP BECRON W as N RANGE s wu SiOftt 74 i maieurrena1 ran.itnt'Ryt �, - rJ gr el r I' `t�l �r \ \\ r� gym �' •_ l ...A k if 1 \ ,. t: %� ( rpt ....� " ~ / ----'4.Z:$�1 �l', /I r! •Q ''.1 'g'i.r !!p4:52.--::.'! Mfr \� �.--"it,.7'�=/ i .. I. I+ .i.�...n z :,,+1; j ;�'�`' ;+/ --4-.3. -7,-.4-4\--, !r se- 7 I IOi;;',i ' I i , I : now, M:..t.,a oaf ,1' f: (��I \ \'f' ;:- j%' .' i .� ..:0\4, s. �; ,' ,i + , d:,..:�"""' # W 1 1_• ,\`tt •�A� , '�,,�..w.e`t'':� z,N, (k„ ( Q ,t 1 1•i ,e.s a� rr.ew..we um : ��`�` ,1 ...."'i....:•". �rngta7 �.J ` -�: .= `1"�. °..`u •. Iiij t'(j '(r,Imam~:W'» 1".rw.e«.,. 1 1 1 11 j,�-1-�. .M. �T -, �, ___ ,I I , ....t...r..»iso r.W., I .1:''''.".:•.--.,� / /./// 'i'�,�» -- / i; / i' ! .----+/''n--"--",..\;. ` i \ ,,,,... •{I++ , n».e...+.ar,.... p ,Lie ti F -_ -1\ , ,"; ,•r C •-J✓"J' ,r1 . ' ..- 117" • ."-:1,1,,..„1:i....+\'.•.-t v.w,&/►'. "1�..;• 14 n rurr.ue+r.r 1:1 I S X1 1`, ., „ , \ ,. . /• 4• \ „ 'B "P' � ;II- romp r.Op.w.w v. 1 1 1 _...--..i,-:5', = }, \ ., c. `!pre. <.� .j 1 \1 r. ,1_" ' i 11.4r. t ....»tan•u,1. i. 3 ) — !� _ y'„../ .\\\, •( \\\\ ,, I //�w /,4 �`�� -•.4...,..... I •r:' • JI I SI II, .;ol',� «^'°' „ ". ::::.......___:__.. I t ii �j; �1i 1,\ \�\ 1,i /✓/�✓"� `Y r.. �• / �� % j� 7 \ �\ ,�:tl 1 �� NW r«oatW.n.ww+ SY 1 \'\-, \\\� NEB /4 1. .•.. .. . .• .•1w.,Doeq'r fh' dr/ ! I 4Y!••my ` 1 IP ij '(�I I( II ;�-=_ _ •_=tel\ �•\�\\��/ //�✓�4(�i -�' in�;sai gi ' -�— -- �'�=� — ,"`.'_. �< i I' :1.4): It'll QF.1�1,4PF,g I I i 1 { \\ ` \ / 1 rl,::- 4': k4;-;f / --�.";111-_— \�� �Y 1�,r ( ` 1 II r - 1 -l; �; \\\.���`� ::'� �' "'� 1 :Aif;�� f r�.. I f=- \�` *11 , +,4 I 1 a,.,d.�eturn...xa/811AVEy0H 1 I C S 41. ' 1T 4 1."1.. •: .r{. „w.W' c,K711 . ''".JSI.-cl' !t„..�...r,. °'.4 7�......--.. -:-.1::_: "7. �r1----r-1- .._.-y----..,1• , `; ...w.t• . .a 4 . mi, 1 1� •� ill' ti I I "�� .y yr..�r..... ..., � !t •:.�a�,Y ;;,!_t'.'_`.�__' f OENfin WORK.tect '�f' _ , 1 --� ` ,fir. .''!�a�; I',.» ..tet ,.v.., �,m ;.'� i µ -- 111.---...--1111 1.—_.�._rfl1t ,,R ,� f .• �6` +C . .. `l F�i,'„'[•�;/' �...-k=.=•:;:::..p •.+ .1 t(Raw me. «.,u u. u t •1 mum W.M.r LOT AREA TABLE TRACT TABLE " '� ti. I I {'� OW * nalli Ain? . 1.1• 1 I I I . O eu.nt w K.p iJ.K. u»f ..•Nd WI .«h•! ,..• ,w.N1 (MUD M 4.1,1•11 10 A ^/«I .u. LailLEQENQ ...tt.0.1. 3,1 SOAK.•an . ?•` 1 I . .W�(p�/}.fl,}. (WUU,/.. •.•Y M»Y 11Y1... ..I! »'R— ..M/r W•-WT.M..w•usu..W.u.0 p.,,WOO el t 2 �I . '»«I.Y1F , ."«1«.»h M L KY M,n M. MINIM r1. w Mr..rwna. R'O'V+V w.w nr.W MAI •R%.Wn Ytq [";' ' • r.,:‘,17.44.37,.......4.W11•Y y 0111../.111.....0•11.x..,. •-L..w....1....W.I" (lly. `-' 4 r n,.,0..0.,u.K n'Jw a,..t,.(imp r 5"�.w w MN v. .y»a,n MO .11.....111•N.mu 0....../ ys.K'•� W Q ,••••......,.0.0.4..110111)•11,..uw[.•...r K I • .r' • I �- u { CITY OF RENTON COUNCIL AGENDA BILL 04 AI#: • Submitting Data: Planning/Building/Public Works For Agenda of: November 6, 2006 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance Windstone III Short Plat(LUA04-136) Resolution Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Hearing Examinier's Report Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional right-of-way is a strip of land approximately 42' x 132' (5,544 sq.ft.) used to create the extension of Kitsap Place NE. This is a Hearing Examiner's condition of the Windstone III Short Plat, LUA04-136. Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. IOW I:\PlanReview\COLSON\Shortplats 2006\Windstone III SHPL 05m AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 032305-9046 Project File Ii:LUA-04-136-SHPL Street Intersection: Kitsap Place NE and Lyons Place NE Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. KBS Development Corp. 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 2 ) A portion of the following described property: Lot B of City of Renton Lot Line Adjustment File Number LUA-04-136-LLA,filed under King County Recording Number 20060119900011. Situated in the City of Renton,King County, Washington. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Annroved and Accented By: Grantor(s): KBS Development Corp. Grantee(s): City of Renton Kolin Taylor Kathy Keolker,Mayor Bonnie I. Walton,City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Noe 1459 WS3 road dedication2.DOC\dw Page 1 Revised 7-25-2006 Form 84 0001/bh IN WITNESS WHEREOF, I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and ; of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING On this day of ,20 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: -44.00 1459 WS3 road dedication2.DOCt dw Page 2 Revised 7-25-2006 Project: Windstone III err✓ Exhibit A w0# PID Legal Description GRANTOR: KBS Development Corp. Street: Kitsap Place NE and Lyons Place NE Commencing at the Southwest corner of Lot B of City of Renton Lot Line Adjustment, File Number LUA-04-136-LLA, filed under King County Recording Number 20060119900011; thence South 87°37'38" East, along the South line of said Lot B, a distance of 111.50 feet to the beginning of a curve radial to said line and the True Point of Beginning; thence Northerly a distance of 129.92 feet along the curve concave to the East, having a radius of 271.00 feet and a central angle of 27°28'05"; thence South 87°37'38" East,along the North line of said Lot B, a distance of 48.57 feet to a point of cusp on a curve concave to the East having a radius of 229.00 feet and a central angle of 33°04'58" and being subtended by a chord which bears South 18°54'51" West 130.40 feet; thence Southerly along said curve,a distance of 132.23 feet; thence North 87°37'38" West, along said South line, radial to said curve, a distance of 42.00 feet to the True Point of Beginning. Situate in the City of Renton, County of King, State of Washington All situate in Section 3, Township 23 North, Range 5 East of the Willamette Meridian. 04 (0Q�oF wast' %� il• ► cc o 01 9 36965 0 sf„yCLpNOGfS ��Q I EXPIRES55-23-2l�t \ 1459 WS3 road dedication2.DOC\dw Page 3 Revised 7-25-2006 ) , ) Exhibit "B" 42' Road Dedication L.IOL A � n S87'37'38"E 402.08' 3L•l Roc 1'110. 144.14' 7nngn„0unnn„ 48.57'`- A_vv..v 11,,,,vvv 11 NX 209.37' X 42' ROAD rn�• o o DEDICATION N ,�: _ . IOiNt•wie I I I Y Y I ma - OM 0710 `0o Om a» • , u / 503640 V) .nwt.-,, m 'BOJSIO w 0300 ao • eo3s/. 0380 / e0s000a0w 523000 �J000 % J o. 1 -100 50 03 ' 803040.0370 `°°°� 4 0080 O.,O,m7,0. / d a N °=XIII i ago ; . 1732305-929 032305 �`""'� ' i nren 8E • STREET i § 1 1 ! roe.Ac) 032306 9290 nwwao+e S ! 0030 ! mm , ». 9291 roN. 032305 9159 •m i �I ro.».0 •32305 0 n AO 9045 1 032306 cams. WA AO N. ° 1 tirg; IVO I aew 8231 (( �._ 9045 eeTeei»Oo 0.20 AO ( 1778161•.20 5 wi. NN 14_ ._:—.--- te1v11v,''�` •)tit / ,snw.mw i. 1' ,7 •.. u . �^sl.1 aosw6 / , a • :,,x �� 031,9$-9047 032303 032305 ;A°w A ♦ e07aai (.87 Au) 9210 9173 / �� s 0280 I i ro.a.0 a•w...l wi09 KING COUNTY 9"°"e+ / J `• ..�mc.:'ti 7 • 807902 • '' ._.__.__. �; ! :•,,,,,,, r ,, .... LI '• 0270 c ,'' ,• CYTY OF RENTON j t mi0 ^ °'"N, 032305-9014 h w 4 EC, s , aro ` I -°"C°34 1 i Z d \ P •- va NE1M!u_T._-.A e , a ,°w...e.ee032305 1E i * iji 9»,•..�.�.. 90413, 1 i�1T[•k C5Ac OJtAY!11 LW 11'4! u f t`' �. OF ,o'er '..` ` T i ir 6 _ ,` \\ 1 �,`C 1 pT�•1 } • 1 T7� ... ... )�� �. . , ----' , _� , 032305-9034I fir- -IC ' Olin"5'-4@ tl tlo380 f / / ''+_ 15q , • - R ; _ 40,10,0144 f i •I 1 ror. -�\ --'-r N1-f7/M 8711087 _ • f p eOTeo. I 8288.; 1! C— , t,.i: i 1 i i , — -T-- -- _�• i 0110 -...i Lu •- i PSP ' ' I „A r 4 f t a I E me0 103230 - 70• -v 30b-9209 r 832S05r903i Hill1 »•, 032308 i ' a -0` O ' I f- L•�� , tee,.e,...).. 1 t L k wx 9180 mxaee 1 •.n l ' m 1• ro _ I �--�-*-'___J 082 306 V.V1 1305 { NE,. 4-_..- — __'_ ,1--' 1 1 Iwwewa .>,.., 9081 ea 1 g iN.0 1'.__ .."-^'.......... __ _ - "o.u' CITY'OFIRENYON I .. ,' i i ' , a».., • 4 9307 807901 ! -�7'__ K ! a �'`is, 9307 I ., 0210 m„—'ma WO COUNTY i_ q X'"� 032305-92774F3 1 i §..# g V§.1.2.1. 032305 3330 �a'r� ; 09070 3�2�3J05 9120 x' ��"y1'�`"'t 5- �P it ''� as .1 032300 j 90! 0 -az- +/ 8!.''� i- `w 9278 2.47 Ac.) (2.17 Ac.) s .....-/ 2 7'''' c' r 8 032305 ro+_ g ( `?s � r I .s Z _ 9021 032300 'p0�° O ` 1 9258 032305 l, I (41'�y„\'`\`�.` 032305 (3.58 Ac,) n.w.0 9278 °Yi0° '\ `'rta",�' 9238 , a.n r, �..2i�.1• P�:' a i \ ,� a.tw� i 032306 ! - Qi 03 305 - 9280 ' 032306 - 4 1 tele 4..) ei 9017 y16. 4i,"‘",,`� g 90 8 \ i 032306 •—+�• I A.N..1 , it,,, t S 71 n..A \ \ m»4 9124 W� 032306 i 9230 i U C 0 March 7, 2005 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes OWNER/APPLICANT: KBS III LLC 12320 NE 8th Street, Ste., 100 Bellevue, WA 98005 R. A. and Beverly Wolf 14702 SE 105th Place Renton, WA 98059 CONTACT: Wayne Potter Barghausen Engineers 18215 72nd Avenue South Kent, WA 98032 Windstone III Short Plat LUA 04-136, SHPL-H, LLA LOCATION: 1815 Nile Avenue NE SUMMARY OF REQUEST: Hearing Examiner Short Plat approval for a six(6) lot subdivision of a 1.4-acre site and a lot line adjustment. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received ty the Examiner on February 1, 2005. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area;the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the February 8, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, February 8, 2005, at 10:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Windstone III Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 2 Exhibit No.3: Preliminary Short Plat Exhibit No. 4: Preliminary Grading, Storm Drainage and Utility Plan Exhibit No. 5: Zoning Map The hearing opened with a presentation of the staff report by Nancy Weil, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The lot line adjustment is going to affect a lot that was created in Stoneridge I, which was the pipestem portion to the south of this proposed site. The adjustment will take a portion of the parcel to the north and create Lot 34 on Windstone III. This lot line adjustment is being processed administratively and will have to be completed prior to recording of this short plat. Stoneridge I has not been recorded as of this date, it will be necessary for it to be recorded prior to the approval of the lot line adjustment because that lot that is being incorporated into Windstone III does not exist. This is a shot plat approval for 6 lots on a 1.4 acre site proposed off of Kitsap Place NE an extension of the road coming off of Nile Avenue NE through the original Stoneridge subdivision to be extended from the south, north to a temporary cul-de-sac in Windstone III. This is a vested site to the development regulations of the R-5, although the site is currently zoned R-4. This site was part of the annexation that took place in 2004 as part of the overall Stoneridge Development. The net density after all deductions have been taken is 4.92 dwelling units per acre. The lots in the subject development meet all requirements of lot size, width and depth. It appears that all lots comply with the setback 44.1sr requirements and these would be verified at the time of individual building permit review. The site topography is flat to rolling and slopes gently to the east with approximately 20 feet of elevation change across the width of the site. The site is vegetated sparsely with deciduous and coniferous trees with dense under story of forest duff and brush. There were no critical areas found on this site and therefore there was no Environmental Review conducted for this short plat. As far as the consistency with the Comprehensive Plan designation of Residential Low Density(RLD)staff concluded that this proposal was in compliance with the policies under the Comprehensive Plan. Once the lot line adjustment is completed the site will consist of 61,614 square feet. The minimum lot size for the R-5 zone is 7,200 square feet with a lot width of 60 feet for interior,and 70 feet for corner lots. All lots do comply with dimension requirements. A note shall be placed on the face of the plat denoting the required setback orientation and this condition shall be subject to the review of Development Services prior to the recording of the final plat. All compliance with building standards would be verified prior to the issuance of individual building permits. As proposed the revised short plat does comply with lot arrangement and access requirements of the Subdivision Regulations. The proposal does seem to comply with the lot size and shape regulations. The proposed subdivision would not create any lots to be located at the intersection of public rights-of-way. w Windstone III Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 3 Access for the proposed development is the extension of Kitsap Place NE and street improvements will be required along Kitsap Place NE. As far as the temporary turnaround, it will be noted on the plat that it is temporary and that the street will eventually go through to the next development. Staff recommends the establishment of a maintenance agreement for all common improvements. Fire, Traffic and Mitigation Fees are to be imposed. The site gently slopes downward from the west to the east with a slope of approximately 5 percent. The property is described as sparsely vegetated with deciduous and coniferous trees with dense brush. The trees range from a 6-inch fir to 16-inch cedar, maple and fir. The proposal would remove all but 2 of the 23 trees indicated on the site. The proposed detached single-family development appears to be consistent with the existing uses in the area. Staff is requiring the planting of two new ornamental trees within the front yard setback area for all lots within the short plat. The site is located within the boundaries of the Issaquah School District. City code requires the applicant to pay the appropriate ISD impact fees. The School District has indicated that they can accommodate the additional students. The storm water facility is located in the original Stoneridge I, this site will tie into that system. With the added lots, it is recommended that the CC&R's be amended to include the responsibilities of these lots to that original storm drainage facility. Due to the downstream capacity issues, it is further recommended that the applicant comply with the 1998 King County Surface Water Design Manual to meet both detention and water quality improvements. The applicant shall be required to obtain dedication of the sewer main through Stoneridge Ito the existing downstream public sanitary sewer system prior to the recording of the short plat. Staff recommends approval of this short plat subject to 14 conditions. Wayne Potter, Barghausen Engineers, 18215 72nd Ave S,Kent, WA 98032 stated that the applicant agrees with the conditions of approval of this plat. Richard Wolf, 14702 SE 105`x' Street, Renton, WA 98059 asked if he would have access to his remaining property with the addition of Kitsap Place NE? There will not be a barricade installed at the stub end of the street so that he could not access his property. He also inquired as to what the requirements were as to fencing the retention pond. The Examiner stated that that would be up to Mr. Wolf and the applicant to determine whether or not that is constructed. It may lead to some confusion. As to the fencing of the retention pond, it was developed under the King County Standards, and should be the same safety requirements. Kayren Kittrick, Development Services stated that fencing is required by King County Design Manual if it meets specific depths. Once there is a final design, there is a requirement in place for fencing. Kitsap would be a public road, it will need to be signed that someday it may go through. The difficulty with Mr. Wolf's request for access across there is that typically a barricade is put in place specifically to prevent dumping and that it says "end of road". Between Mr. Wolf and the developer access may be made available. Windstone III Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 4 *err Mr. Potter stated that a six (6) foot cedar fence would be placed around the pond with the appropriate gates for access and maintenance as well as provide the safety for the storm pond. With regards to the end of Kitsap, he stated that they would work with Mr. Wolf and provide him the access that he needs. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:33 a.m. FINDINGS,CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, KBS III LLC, represented by Wayne Potter,filed a request for a 6-lot Short Plat. This is a companion to the Windstone IV short plat located somewhat south of this site. They were both reviewed at public hearings on the same day and share a number of common elements. 2. The yellow file containing the staff report, the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC), the City's responsible official determined that the proposal is exempt from environmental review. *toe 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 1815 Nile Avenue NE. The subject site is located closer to Ilwaco Avenue NE, which is west of the subject site,than it is to Nile Avenue. The subject site is north of Sunset Boulevard and south of NE 20th Street if it were extended. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of low density single family uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-4(Single Family-4 dwelling units/acre). The application for the short plat was submitted while the subject site was still zoned R-5 (Single Family- 5 dwelling units/acre)and the request is entitled to be reviewed under the R-5 Zoning standards. 8. The subject site was annexed to the City with the adoption of Ordinance 5068 enacted in April 2004. 9. The subject site is approximately 1.4 acres or 61,614 square feet. The subject site is a som:what L- shaped parcel that is approximately 400 feet long(east to west) by approximately 125 feet wide. A dogleg at the eastern end of the parcel runs south approximately 80 feet. 10. The site slopes downward toward the east at approximately 5% from approximately 450 feet to 420 feet. 11. The applicant proposes preserving 2 of the approximately 23 trees found on the subject site. All other vegetation would be removed. Windstone III Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 5 12. The proposed short plat is part of a larger platting effort of surrounding property and will be served by roads, utility lines and a storm drainage system developed as part of the other plats. The applicant proposes dividing the subject site into 6 lots for detached single-family homes. 13. Kitsap Place NE will run from the south to the north through the western end of the site. A total of six lots east and west of Kitsap will be served by the roadway. There will be two lots, Proposed Lots 1 and 2, located west of the road that will directly access Kitsap. East of the roadway will be four lots. Two lots, Proposed Lots 3 and 4, will front along Kitsap while two other lots, Proposed Lots 5 and 6, east of those two will take their access from a 26-foot wide easement road running along the south margin of the parcel. 14. The density for the plat would be 4.92 dwelling units per acre after subtracting the area for roadways. 15. Current plans would have Kitsap end in a temporary cul-de-sac bulb established over portions of Proposed Lots 1 to 4. The development of the property north of the subject site would allow the extension of Kitsap to the north to complete a through-street connection to the north and east. Until that extension, there would have to be this temporary turnaround bulb serving the plat. 16. The subject site is located within the Issaquah School District. The City has adopted an impact fee to outset impacts to schools in that district. The fee is $2,937.00 per single-family lot. 17. The development will increase traffic approximately 10 trips per unit or approximately 60 trips. Approximately ten percent of the trips, or approximately 6 additional peak hour trips will be generated in the morning and evening. These additional trips will affect traffic in the City and roads outside of the immediate vicinity of the subject site. 18. Stormwater control will be handled by a system constructed as part of the Stoneridge I Plat. The maintenance of that system will have to be shared by homeowners of this new plat. Staff has recommended that since the subject site is located within the May Creek sub-basin that the 1998 King County Manual, Level 3, be applied for both detention and water quality. 19. Sewer service will be provided by the City, while Water District 90 will provide domestic water. 20. The applicant did not propose providing any recreational amenities for the plat. CONCLUSIONS: 1. The proposed plat appears to serve the public use and interest. The plat, in an R-4 District, piovides larger lots in an area with urban services. This plat helps widen the range of lot sizes for those who want more than a small single-family lot. 2. The applicant will be providing a portion of what will eventually be a connection to the City's street grid system but in the interim has provided a cul-de-sac that provides that emergency vehicles and other vehicles can reach the subject site and successfully turnaround. The turnaround will also serve other properties south of the subject site. 3. The development of the subject site will create impacts on the City's street system as well as its parks and recreational programs and its new residents will probably take advantage of the City's emergency services. Therefore, applicant should pay mitigation fees to offset its impacts on roads, parks and emergency services. The City has a standard formula for computing those impacts and they will apply Windstone III Short Plat File No.: LUA-04-135. SHPL-H March 7, 2005 Page 6 to this development. The applicant will also be paying a fee to the Issaquah School District to help with school construction. 4. The property does not have any critical areas although its odd shape does create a few lots with odd shapes and necessitates a private access roadway for the more remote eastern parcels of the subject site. 5. The plat should increase the tax base of the City which along with the mitigation fees noted above, should help offset any other impacts on the community. The additional traffic and hubbub that the additional residents will bring to the area was anticipated by the development. 6. The fact that this plat will utilize some infrastructre from the adjacent development means that it residents will have to take part in maintenance efforts. DECISION: The short plat is approved subject to the following conditions: 1. The Lot Line Adjustment shall be recorded prior to recording of the short plat. The satisfaction of the completion of this requirement shall be subject to the review and approval of the Development Services Division. 2. The applicant shall note the yard setbacks are designated as follows: the front yard setback for Lot 5 from the southern property line and for Lot 6 from the northern property line. A note shall be placed on the face of the plat denoting the required setback orientation and this condition shall be subject to the review of Development Services prior to the recording of the final plat. 3. The applicant shall ensure that the residential addresses be visible from the public street by installing a private street address sign listing residential addresses of the subject short plat that are not visible from Kitsap Place NE. The satisfaction of the completion of this requ gement shall be subject to the review and approval of the Development Services Division prior to the recording of the final short plat. V 4. A homeowner's association or a maintenance agreement shall be created concurrently with the recording of the short plat in order to establish maintenance responsibilities for all shared improvements. The agreement shall be placed on the face of the short plat. 5. The applicant shall be required to obtain dedication of the access road and improvements along the access road through Stoneridge I, prior to the recording of the short plat. 6. The applicant shall pay the appropriate Transportation Mitigation Fee equal to $75.00 for each new daily trip associated with the project,with credit given for the lot originally part of Stoneridge I. The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 7. The applicant shall comply with the recommendations contained in the Geotechnical Engineering Study dated October 14, 2004, regarding"Site Preparation and General Earthwork" and "Utility Trench Backfill". Windstone III Short Plat File No.: LUA-04-135, SHPL-H March 7,2005 Page 7 8. The short plat shall be required to comply with the Department of Ecology's(DOE)Erosion and Sedimentation Control Requirements, outlines in Volume H of the 2001 Stormwater Management Manual. 9. The applicant shall be required to plant two new approved trees within the 20-foot yard setback arca of all six lots within the short plat. The applicant shall be required to record a restrictive covenant against the property prior to final short plat recording, which indicates that two trees are required to be planted within the front yard setback area of each new lot. This condition shall be subject to the review and approval of the Development Services Division and the trees shall be planted prior to final building permit inspection. 10. The applicant shall pay the appropriate Fire Mitigation Fee equal to $488.00 per new single- family residence, with credit given for the lot originally part of Stoneridge I. The Fire Mitigation Fee shall be paid prior to the recording of the short plat. 11. The applicant shall pay the appropriate Parks Mitigation Fee equal to$530.76 for each new single-family lot, with credit given for the lot originally part of Stoneridge 1. The Parks Mitigation Fee shall be paid prior to the recording of the short plat. 12. The applicant shall amend the Stoneridge Covenants, Conditions and Restrictions(CC&R's)to address the shared maintenance responsibilities of the stormwater facilities prior to the recording of the short plat. 13. The applicant shall comply with the 1998 King Co8unty Surface Water Design Manual to meet both detention (Level 3 flow control) and water quality improvements. 14. The applicant shall be required to obtain dedication of the sewer main through Stoneridge Ito the existing downstream public sanitary sewer system prior to the recording of the short plat. ORDERED THIS 7th day of March 2005 FRED J. KAUF N HEARING EXA INER TRANSMITTED THIS 7th day of March 2005 to the parties of record: Nancy Weil Kayren Kittrick 1055 S Grady Way 1055 S Grady Way Renton, WA 98055 Renton, WA 98055 Wayne Potter Richard Wolf Barghausen Engineers 14702 SE 105th Place 18215 72"d Ave S Renton, WA 98059 Kent, WA 98032 • Windstone III Short Plat File No.: LUA-04-135, SHPL-H March 7, 2005 Page 8 Ntiaire TRANSMITTED THIS 7th day of March 2005 to the following: Mayor Kathy Keolker-Wheeler Stan Engler, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Larry Warren, City Attorney Transportation Division Gregg Zimmerman, PBPW Administrator Utilities Division Alex Pietsch, Economic Development Neil Watts, Development Services Jennifer Henning, Development Services Janet Conklin, Development Services Stacy Tucker, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,March 21,2005. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or Ole discovery of new evidence which could not be reasonably available at the prior hearing may make .t written request for a review by the Examiner within fourteen (14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,March 21,2005. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. . LEOEND PRELIMINARY GRADING,STORM DRAINAGE AND UTILITY PLAN I ' neWM Inc FOR vl 1 11 i COSROPY a„, WINDSTONE III �^ r-3o' C:. ' "' -- A PORTION OF THE S.E.1/4 OF SECTION a TOWNSHIP 23 N.,RANGE 5 E.1yJK W Pnpram MOO Pun MAO e In4Ze 0. „. �A►{'O.y.:.........EN F"n wr., N tepee wow WM CITY OF RENiON,WASHINGTON P..e MO arms « _� / /' Q a YI rlo.am vor mom r, ",./.'-'2-"-.--'<). fie.... ....- i I i came Mer eAM100 " •— , /o'' ' 4V�j ,,;,5 rea.Pm mwaanat u ( ,, �O/ aanaP wYPae. I ,,t //,'/„"° II wave Po.e.a —. i n5o y , ' A.17/, \ '\' \ .' ` . \ 1 \ PIIQPMmaa O rPorpPm NNWf M.pM I a V r ne a.as Yx, 9'ti '' / a 4 �' ''\ • 1 PAD a v u•m.nu < r r,{.'ff NEW PN aa[aw0•1.uaap _ + 1p .a_°v»u•roaq' rF a .+.` r )•IOMIp r�aan101 aan} - --44..:} ` M. y \/' T�1t,;a Moam w.ent / --05J. 2 Fd, 1 a 4p CBSis4 • .;44 - 4 \ d Paerpa .mmar vu n^r-4_:- art /1 .evera. AD il •` ►AISP\ „ i r ` I . ,un-e �' I ..:`l`,,;i ' *9W\. `i dt tx , _ .......1.4,..,•:...;,,..:. ...,';..,,...:',.:),'., uaw ..e .4,,,..,;t:::',.':,«v r.t o.aai 1 P Al4', , gW „,,,,.,..7.„,,,,,;:t............ �r r tRuex�t •e `' ,',\ , UZ eVGPOOR. \ Aarym pWe(ix {fD ELF/. i AAV: :,•, l aNo1O1 a 3PAD ELEV. ' , 44e0 4 ,+41.0 1• il'iV "a =1a *°""”" 1 1 .Pl 5. 144N . jii'1 ' f1 i7r� �i►� —_ r= `i L I 7,,4 ^-r N R i: i• II R I ...._._._.._ �k�',la6..,.,.Y1,.I'.I 4 e..M 37 -,a4.1..-'.,., ....NIA , 4,44 1.1 ,II, I\ I QAC..,, .', 11/ -{.--,1 1.«ra tz,a . I i rfl1 �s.,,s t' e a — } lh 36 \v:. � ..... 'a:.'e II, 1 ,Il.I'1, M;;V_. S T' ,..... ,".a - .,I, I11 (4 as._:' �, 1 ! I0 . \ - " v ; .33 Iii. 1111 1i,1 y •y.a. 1a 11 8 466 , d $ Ore ar+ 4 P 1 46o u air w«"T E __ ' P o-r 11 i4 ' 111111111110- Ill' y;.i: , s �cufn�e E1 • N +..,' "SI 111111111. ' ��� PT.A'MY Oa F CP.OF OUNO d YI Yw•+� a LaeWeaf ePP W'(Y{MITNIIIIIIIIIIII �p�pP[[ 440 V 1 + IV 4 1� mi.Matt r p 4.1.104'00°; I n. '. •: W DPiUM(Dp Mfli ,� !7t. , Na, KpYN«f• p0',` fir:14 G r IIIIIIIIIIIIIIM a�Pl.M.1 `pP.y6(• 4aY OUM1« o .' .• 416 a[ ,.„•P,' 466 • •rr••^•sr•Yit \� r CORPal0.are CLASS p'«.a.0 CIXK4[rt � PU A.. PROM.,..rr POW r n-POWACTm are p.nwp nw vgrPPRO FOP MOO lymmm�.- 3 :7 m 1 YPa P-tir yoP�.�MOTOf oCtop CO.PPOmPPOIOW.w[*Reuss•ppw•ttm DON•n 44- y" eoe*0r,X.P.Y ac p WM 1l a![t1eM1N4a X fare«POOR pa SOL mxp,eM mg TYPICAL ROAD BECTON YARN/TREY LIOM JOINT USS DRIVEWAY TRAGI o•w ,.w �+e''p ` .a JP' ...w.w .w.rr 118AP.PLACE 41,. 9aON PM/PILE .p••'1t,,`,1 LL1 fl , l 1 - 110.�,a4�uni.r, U m (4, ( ( 4, s ® ® emiiovir1v '01111 "11.'iPOV'O'O'Sibl eVVIDUIDS'iai79v1eieefoo • isivelisiittleei'mvalvelrei'6ie se D6 - 3 T23N R5E W 1/2 0;4 RM-7 C_' H 1 .� ., % a ! i,iiri b11 � SRM—� dI 1- --- a, . . /--ir. ; 1.1.p, ; ,' •.--,-.--.--- .... e • tifl E'r 142ndili' �_ • , .. 1#."--...:1:1':. 00 � . t Ave. SE �.....i<... .�. . .., . 4 ... . . . „ . . f&.0- o f' 1. - C„ H r � �] izz• Z' ix - t egg' j; ' F4-- C; 4 C'41 • i tr1 �ZV I' '� 70\r.,. I A / a. , A. v , ! ; 147th Ave. SE R Z44 1 -----, a. Is: 1 _ i 148h ewe: SE �.,.._i ,--' / r CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: November 6, 2006 Dept/Div/Board Development Services Division Staff Jennifer Henning, x7286 Agenda Status Contact Consent Subject: Public Hearing... Code amendment to allow private storm water utilities to be Correspondence installed in geologically hazardous areas. Ordinance X Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Code Revision Information... Recommended Action: Approvals: Refer to Planning&Development Committee Legal Dept Finance Dept Other Fiscal Impact: None Expenditure Required... Transfer/Amendment Amount Revenue Budgeted Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: An amendment to RMC 4-3-050C.5.d.i is needed which would allow private storm water facilities to be installed in geologically hazardous areas in order to reduce the risks of slope instability and landslides near private development. STAFF RECOMMENDATION: Approve the amendment to the exempt activities table and adopt the ordinance. err+' H:1Division.s\Develop.ser\Dev&plan.ing\SGeiser\Issue Papers\StormwaterAgendaBill.doc �ti`SY O� PLANNING/BUILDING/PUBLIC WORKS *woe DEPARTMENT MEMORANDUM DATE: October 24, 2006 TO: Randy Corman, Council President Members of the Renton City Council CC: Kathy Keolker, Mayor FROM: `'` Gregg Zimmerman, Administrator STAFF CONTACT: Jennifer Henning, Current Planning Manager, ext. 7286 SUBJECT: Exemption for Private Surface Water Utilities ISSUE: Should the City of Renton allow private individuals to construct surface water utilities in geologically hazardous areas when such utilities would improve slope stability? RECOMMENDATION: Staff recommends adopting an ordinance amending RMC Section 4-3-050C.5.d.i to exempt New Surface Water Discharges in Geologic Hazard Areas. BACKGROUND SUMMARY: Controlling the runoff which occurs during rainstorms is a problem which must be addressed in developed areas. This problem is especially compounded when developments are situated near steep slopes. The runoff from these developments, which empties down the steep slopes, can lead to slope instability, erosion, and possible landslides. In order to reduce the risks associated with runoff on steep slopes, storm water facilities such as flow spreaders can be installed to release storm water in a controlled manner and prevent the development of channels and gullies. Piping can be laid to collect and redirect surface water before it reaches the steep slope. Installations like these would increase slope stability and reduce the risk of erosion and landslides if installed properly. In the 2004 Comprehensive Plan, the City Council adopted a policy which directly addresses the problem of surface water runoff. Policy EN-29 states: "Route storm water runoff from new development to avoid gully `'o" erosion or landslides in ravines and steep hillsides." Page 2 of 2 October 24,2006 Under the current Renton Municipal Code, storm water facilities may be built by public entities but cannot be built on steep slopes by private individuals. This is contrary to the ,,, 400 goal of the comprehensive plan policy. In this case, development of private utilities on steep slopes, with the intent of controlling runoff, would be in line with the policies of the comprehensive plan and would improve, rather than reduce the quality and safety of geologically hazardous slopes. CONCLUSION: If an amendment to the exempt activities table was approved by Council, staff believes this would provide private citizens the opportunity to install runoff utilities and improve the stability of steep slopes. This would provide long term benefits to the quality of geologically hazardous areas and reduce risks associated with landslides and erosion. 'irr 4-3-050C Aquifer Flood Geologic Habitat Streams and Protection Hazard Hazard Conservation Lakes:Class EXEMPT ACTIVITY Area Area Area Area 2 to 4 Wetlands d. Surface Water: i. New Surface Water Discharges: New X X X X surface water discharges to wetland Catego- ries 1,2 and 3,or buffers of Categories 1,2 and 3,and to streams or lakes from deten- tion facilities, presettlement ponds or other surface water management structures;pro- vided,the discharge meets the requirements of the Storm and Surface Water Drainage Regulations(RMC 4-6-030);will not result in significant adverse changes in the water temperature or chemical characteristics of the wetland or stream/lake water sources; and there is no increase in the existing rate of flow unless it can be demonstrated that the change in hydrologic regime would result in equal or improved wetland or stream/lake functions and values.Where differences exist between these regulations and RMC 4-6-030,these regulations will take prece- dence. ii. New or Modified Regional Stormwater X X X Facilities:Regional stormwater management facilities to be operated and maintained under the direction of the City Surface Water Utility that are proposed and designed con- Nieto sistent with the Washington State Depart- ment of Ecology Wetlands and Stormwater Management Guidelines or meeting equiva- lent objectives. For habitat conservation areas,this exemption applies only to Cate- gory 1 wetlands. iii. Flood Hazard Reduction:Implementa- X X tion of public flood hazard reduction and public surface water projects,where habitat enhancement and restoration at a 1:1 ratio are provided,and appropriate Federal and/ or State authorization has been received. e:-.Roads;Parks;'PO Nd Priv to LItilitie i. Relocation of Existing Utilities out of Criti- X1 X X X X X cal Area and Buffer: Relocation out of critical areas and required buffers of natural gas, cable,communication,telephone and elec- tric facilities, lines,pipes,mains,equipment and appurtenances(not including substa- tions),with an associated voltage of fifty five thousand(55,000)volts or less, only when required by a local governmental agency, and with the approval of the City. Disturbed areas shall be restored. 1 If a hazardous material,activity,and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality,then the Department Administrator may require compliance with the aquifer protection requirements of this Section otherwise relevant to that hazardous material activity and/or facility. • Itiore (Revised 6/05) 3- 18.2 CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: November 6, 2006 Dept/Div/Board Development Services Division Staff Jennifer Henning, x7286 Agenda Status Contact Consent Subject: Public Hearing... Ordinance amending Title 4 and other sections of the Renton Correspondence Municipal Code to permit wireless communication facilities Ordinance X within residential zones. Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information... Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept Finance Dept Other Fiscal Impact: None Expenditure Required... Transfer/Amendment Amount Revenue Budgeted Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Staff has drafted an ordinance as directed by the Council, to permit wireless communication facilities within public rights-of-way within residential zones. STAFF RECOMMENDATION: Approve code amendments to permit wireless communication facilities within public rights-of-way within residential zones and adopt the ordinance. H:\Division.s\Develop.ser\Dev&plan.ing\SGeiser\Issue Papers\WirelessAgendaBill.doc C.ti`� . (:) + PLANNING/BUILDING/PUBLIC WORKS • «� , DEPARTMENT 4Nr � MEMORANDUM DATE: October 24, 2006 TO: Randy Corman, Council President Members of the Renton City Council CC: - Kathy Keolker, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Jennifer Henning, Current Planning Manager, ext. 7286 SUBJECT: Wireless Communication Ordinance ISSUE: Should the City of Renton permit wireless communication facilities and their associated equipment cabinets within residential zones? RECOMMENDATION: Staff believes that changes to existing City regulations are necessary in order to improve cellular service for the Renton community. Staff recommends that Council approve the ordinance. BACKGROUND SUMMARY: The City's existing wireless regulations were adopted in 1997. Since this time, use of cellular phones has significantly increased. The wireless service carriers have reported capacity problems due to the limited number of existing wireless towers and the amount of calls these existing towers can handle. Wireless service providers have requested a number of code amendments that would allow the wireless network to better function by allowing the replacement of existing power poles or light standards with taller poles on a limited basis in order to accommodate wireless antennas. These limited pole replacements would only be allowed if the need is clearly demonstrated by the service provider, and phone coverage cannot be provided using other permitted antenna locations. Problems identified by the wireless industry include: • Inadequate coverage in residential neighborhoods: Some residents don't have "in-home coverage"at all. In some cases, where there is in-home coverage, ,;lespe dropped calls can also be a problem (e.g. a call is lost when walking down to the basement). Page 2 of 2 October 24,2006 • Overall capacity issues: During times of peak use (e.g. when there is a traffic jam on I-405), the wireless network may become overloaded. If additional Nod smaller scale facilities can be added to supplement the existing tower(monopole) system, the number of"system busy"or other error messages and dropped calls will be reduced. Currently, calls may be lost during the hand off from one large tower to another. The proposed amendments would allow wireless communication antennas of up to 16 feet to be placed on existing power poles (subject to approval of Puget Sound Energy) and/or on existing City street light standards. The amendments would also allow replacement of existing power poles (subject to the approval of Puget Sound Energy) and/or replacement of existing City street lights with taller support structures in order to allow the installation of antennas up to 16 feet in height. In addition, the regulations would permit new antennas greater than 10 feet in height, or pole replacement for use as a monopole, only when it is demonstrated by the service provider that no practical alternative is available to provide the same level of phone service. A public hearing was conducted before the Renton City Council on the proposed amendments September 13, 2004. Council directed staff and the City Attorney to draft the ordinance allowing the amendments. Drafting of the ordinance was delayed in order to ensure accuracy and to avoid conflict with zoning code changes that were underway at the same time. The City Attorney has now completed work on the amendments. CONCLUSION: The Council should approve the ordinance allowing wireless communication antennas and their associated equipment cabinets within residential zones in order to improve cellular service for the Renton community. h:\division.s\develop.ser\dev&plan.ing\sgeiser\issue papers\wirelessissuepaper draft.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTERS 2, 4, AND 11 OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY PERMITTING WIRELESS COMMUNICATION FACILITIES WITHIN PUBLIC RIGHT-OF-WAY IN RESIDENTIAL AREAS AND TO INCORPORATE THREE PRE-EXISTING ADMINISTRATIVE DETERMINATIONS THAT CLARIFY THE WIRELESS REGULATIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-2-060.P of Chapter 2, Zoning Districts—Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: `4000. 1 ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-1 R-4 R-8 RMH R-10 R-14 RM IL IM IH CN CV CA CD CO COR UC- UC- N1 N2 P.WIRELESS COMMUNICATION FACILITIES Lattice towers support structures H48 AD47 AD47 AD47 H48 H48 AD47 H48 AD47 H48 Macro facility antennas AD46 AD46 AD46 AD46 AD46 AD46 AD46 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 H H Micro facility antennas P P P P P P PPPPPPPPPPPPP Mini facility antennas P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 P44 AD AD R R Minor modifications to existing P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P49 P P wireless communication facilities AD AD Monopole I support structures on H45 H45 H45 H45 H45 H45 H45 AD46 P44 P44 P44 AD46 P44 P44 AD46 P44 AD46 private property Monopole I support structures on AD45 AD45 AD45 AD45 AD45 AD45 AD45 AD45 P44 P44 P44 AD46 P44 P44 AD46 P44 AD46 public right-of-way Monopole II support structures H48 AD47 AD47 AD47 H48 H48 AD47 H48 AD47 H48 Parabolic Antennas—Large H45 H45 H45 H45 H45 H45 H45 AD46 P44 P44 P44 AD46 P44 P44 AD46 P44 AD46 SECTION II. The subsections on"Wireless Communication Facilities" in likav Sections 4-2-070.A through S of Chapter 2, Zoning Districts—Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 4-2-070.A RESOURCE CONSERVATION (RC) Uses allowed in the RC Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Macro facility antennas AD#46 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property H#45 Monopole I support structures on public right-of-way AD#45 Parabolic Antennas—Large H#45 4-2-070.6 RESIDENTIAL-1 DU/AC (R-1) Uses allowed in the R-1 Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Macro facility antennas AD#46 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property H#45 Monopole I support structures on public right-of-way AD#45 Parabolic antennas - Large H#45 3 ORDINANCE NO. 4-2-070.0 RESIDENTIAL-4 DU/AC(R-4) Uses allowed in the R-4 Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Macro facility antennas AD#46 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property H#45 Monopole I support structures on public right-of-way AD#45 Parabolic antennas - Large H#45 4-2-070.D RESIDENTIAL-8 DU/AC (R-8) Uses allowed in the R-8 Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Macro facility antennas AD#46 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property H#45 Monopole I support structures on public right-of-way AD#45 Parabolic antennas- Large H#45 4-2-070.E RESIDENTIAL MANUFACTURED HOMES (RMH) Uses allowed in the RMH Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Macro facility antennas AD#46 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property H#45 Monopole I support structures on public right-of-way AD#45 Parabolic antennas - Large H#45 4 ORDINANCE NO. 4-2-070.F RESIDENTIAL-10 DU/AC (R-10) Uses allowed in the R-10 Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Macro facility antennas AD#46 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property H#45 Monopole I support structures on public right-of-way AD#45 Parabolic antennas - Large H#45 4-2-070.G RESIDENTIAL-14 DU/AC (R-14) Uses allowed in the R-14 Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Macro facility antennas AD#46 Micro facility antennas P Mini facility antennas P#44 ate, Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property H#45 Monopole I support structures on public right-of-way AD#45 Parabolic antennas - Large H#45 4-2-070.H RESIDENTIAL MULTI-FAMILY(RM) Uses allowed in the RM Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Lattice towers support structures H#48 Macro facility antennas P#44 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property AD#46 Monopole I support structures on public right-of-way AD#45 Monopole II support structures H#45 Parabolic antennas—Large AD#46 5 ORDINANCE NO. 4-2-070.1 COMMERCIAL NEIGHBORHOOD(CN) Uses allowed in the CN Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Lattice towers support structures H#48 Macro facility antennas P#44 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property AD#46 Monopole I support structures on public right-of-way AD#46 Monopole II support structures H#48 Parabolic antennas- Large AD#46 4-2-070.J CENTER VILLAGE (CV) Uses allowed in the CV Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Lattice towers support structures H#48 Macro facility antennas P#44 Micro facility antennas P Mini facility antennas P#41 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property P#44 Monopole I support structures on public right-of-way P#44 Monopole II support structures H#48 Parabolic antennas- Large P#44 6 ORDINANCE NO. 4-2-070.K COMMERCIAL ARTERIAL(CA) larie Uses allowed in the CA Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Lattice towers support structures AD#47 Macro facility antennas P#44 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property P#44 Monopole I support structures on public right-of-way P#44 Monopole II support structures AD#47 Parabolic antennas— Large P#44 4-2-070.L CENTER DOWNTOWN (CD) Uses allowed in the CD Zone are as follows: USES: TYPE: `m✓ WIRELESS COMMUNICATION FACILITIES Lattice towers support structures H#48 Macro facility antennas P#44 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property AD#46 Monopole I support structures on public right-of-way AD#46 Monopole II support structures H#48 Parabolic antennas—Large AD#46 7 ORDINANCE NO. 4-2-070.M COMMERCIAL OFFICE(CO) Uses allowed in the CO Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Lattice towers support structures AD#47 Macro facility antennas P#44 Micro facility antennas Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property P#44 Monopole I support structures on public right-of-way P#44 Monopole II support structures AD#47 Parabolic antennas—Large P#44 4-2-070.N COMMERCIAL/OFFICE/RESIDENTIAL (COR) Uses allowed in the COR Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Lattice towers support structures H#48 Macro facility antennas P#44 "" Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property AD#46 Monopole I support structures on public right-of-way AD#46 Monopole II support structures H#48 Parabolic antennas—Large AD#46 8 ORDINANCE NO. 4-2-070.0 INDUSTRIAL LIGHT(IL) Uses allowed in the IL Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Lattice towers support structures AD#47 Macro facility antennas P#44 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property P#44 Monopole I support structures on public right-of-way P#44 Monopole II support structures AD#47 Parabolic antennas—Large P#44 4-2-070.P INDUSTRIAL MEDIUM (IM) Uses allowed in the IM Zone are as follows: USES: TYPE: , WIRELESS COMMUNICATION FACILITIES Lattice towers support structures AD#47 Macro facility antennas P#44 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property P#44 Monopole I support structures on public right-of-way P#44 Monopole II support structures AD#47 Parabolic antennas - Large P#44 r 9 ORDINANCE NO. 4-2-070.Q INDUSTRIAL HEAVY(IH) Uses allowed in the IH Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Lattice towers support structures AD#47 Macro facility antennas P#44 Micro facility antennas P Mini facility antennas P#44 Minor modifications to existing wireless communication facilities P#49 Monopole I support structures on private property P#44 Monopole I support structures on public right-of-way P#44 Monopole II support structures AD#47 Parabolic antennas- Large P#44 4-2-070.R URBAN CENTER NORTH 1 (UC-N1) Uses allowed in the UC-N1 Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Macro facility antennas H *141004 Micro facility antennas P Mini facility antennas ADS Minor modifications to existing wireless communication facilities P AB 4-2-070.S URBAN CENTER NORTH 2(UC-N2) Uses allowed in the UC-N2 Zone are as follows: USES: TYPE: WIRELESS COMMUNICATION FACILITIES Macro facility antennas H Micro facility antennas P Mini facility antennas AD-P Minor modifications to existing wireless communication facilities P AD 10 ORDINANCE NO. SECTION III. Note 45 of Section 4-2-080.A of Chapter 2, Zoning ,41410, Districts—Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled"Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 45. For Monopoles Proposed on Private Property: May be allowed via a Hearing Examiner conditional use permit provided that the site is over one acre in size and the facility has minimum setbacks of one hundred feet (100') from any adjacent residentially zoned parcel; otherwise the use is prohibited. For Monopoles Proposed on Public Right of Way: May be allowed via an Administrative Conditional Use Permit and Right of Way Use Permit. SECTION IV. Note 48 of Section 4-2-080.A of Chapter 2, Zoning Districts—Uses and Standards, of Title IV (Development Regulations) of Ordinance No. iirre 4260 entitled"Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 48. A Hearing Examiner Conditional Use Permit is required. However, this use is typically pProhibited if located within three hundred feet (300') of an RC, R-1, R- 4, R-8, R-10, or R-14 Zone, unless the Development Services Division determines that all residentially zoned property within three hundred feet (300') of the proposed facility is undevelopable due to critical areas regulations (RMC 4-3-050), in which case the new wireless support structure can be reviewed as : •- • - • • - : • • a Hearing Examiner Ceonditional Uuse Ppermit. low 11 ORDINANCE NO. SECTION V. Section 4-4-140.F of Chapter 4, Property Development Standards, of Title IV(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: F. STANDARDS AND REQUIREMENTS FOR ALL TYPES OF WIRELESS COMMUNICATIONS FACILITIES: 1. Equipment Shelters or Cabinets: a) Location: Accessory equipment facilities used to house wireless communication equipment and associated cabling should be located within buildings or placed underground when possible. . .- - . . . •- . . . . - .. - . •• •• - _ However, in those cases where it can be demonstrated by the applicant to the reviewing official that the equipment When-they cannot be located in buildings or underground, equipment shelters or cabinets shall be fenced, screened and/or landscaped to the satisfaction of the reviewing official. in conformance with RMC 4 4 070, Landscaping. b) Landscaping and Screening: Landscaping, for accessory equipment located on private property shall include a minimum fifteen foot (15') sight obscuring landscape buffer around the accessory equipment facility. Accessory equipment facilities located on the roof of any building need not be landscaped but shall be enclosed so as to be shielded from view. Accessory equipment located on public right of way shall be screened and/or landscaped as determined by the reviewing official 12 ORDINANCE NO. through the Conditional Use Permit Process. Accessory equipment facilities may not be Now enclosed with exposed metal surfaces. c) Size: The applicant must provide documentation to the reviewing official that the size of any accessory equipment is the minimum possible necessary to meet the provider's service needs. 2. Visual Impact: Site location and development shall preserve the pre-existing character of the surrounding buildings and land uses and the zone district to the extent consistent with the function of the communications equipment. Wireless communication towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the Now surrounding area. located in buildings, equipment shelters or cabinets shall be fenced, screened and metal surfaces. Now 13 ORDINANCE NO. 3 4. Maximum Noise Levels: No equipment shall be operated so as to ,411100 produce noise in levels above forty five (45) dB as measured from the nearest property line on which the attached wireless communication facility is located. Operation of a back-up power generator in the event of power failure or the testing of a back-up generator between 8 a.m. and 9 p.m. are exempt from this standard. No testing of back-up generators shall occur between the hours of 9 p.m. and 8 a.m. 4 5. Fencing: Security fencing, if used, shall be painted or coated with non-reflective color. Fencing shall comply with the requirements listed in RMC 4-4-040, Fences and Hedges. 5 6. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting for the equipment shelters or cabinets and other on-the-ground ancillary equipment is also permitted, as long as it is appropriately down shielded to keep light within the boundaries of the site. 6 7. Advertising Prohibited: No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. Antenna arrays may be located on previously approved signs or billboards without alteration of the existing advertising or sign. 7 8. Building Standards: Wireless communication support structures shall be constructed so as to meet or exceed the most recent Electronic Industries 14 ORDINANCE NO. Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled: "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended. Prior to issuance of a building permit the Building Official shall be provided with an engineer's certification that the support structure's design meets or exceeds those standards. A 8 9. Radio Frequency Standards: The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts. If on review the City finds that the WCF interferes with such reception, and if such interference is not remedied within thirty(30) days, the City may revoke or modify 'irr the this permit. 9. Special Requirements for Equipment Shelters/Cabinets within the Public Right-of-Way: All equipment and cabinets within public right-of-way are subject to the approval of the Development Services Division and shall be as small and unobtrusive as is practicable. SECTION VI. Section 4-4-140.G of Chapter 4, Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: Nay 15 ORDINANCE NO. G. STANDARDS FOR SPECIFIC TYPES OF WIRELESS FACILITIES: For definitions of specific types of wireless communication facilities, see RMC 4- 11-230. Development standards for specific types of wireless communication facilities shall be as follows: 16 STANDARDS FOR SPECIFIC TYPES OF WIRELESS COMMUNICATION FACILITIES In addition to individual zone requirements unless otherwise specified below MICRO MINI MACRO FACILITY MONOPOLE I MONOPOLE II LATTICE FACILITY FACILITY TOWERS A Micro Facility shall be located on existing buildings, poles or other existing A Mini Facility may A Macro Facility may support be located on be located on structures.A buildings and Micro Facility structures provided buildings and structures provided Location on may locate on that the immediate that the immediate NA NA NA Buildings buildings and interior wall or structures ceiling adjacent to interior wall or ceiling provided that the facility is not a to the facility is not a the interior wall designated designated or ceiling residential space. residential space. immediately adjacent to the facility is not designated residential space. All wireless All wireless All wireless All wireless All wireless All wireless communication communication communication communication communication communication facilities and facilities and facilities and attached facilities and facilities and facilities and Maximum attached attached wireless wireless attached wireless attached wireless attached wireless Height and wireless communication communication communication communication communication Area communication facilities must facilities must comply facilities must facilities must facilities must facilities must comply with the with the Airport comply with the comply with the comply with the comply with Airport zoning zoning regulations, Airport zoning Airport zoning Airport zoning the Airport regulations, as listed as listed in RMC 4-3- regulations, as listed regulations, as listed regulations, as listed 17 ORDINANCE NO. zoning in RMC 4-3-020. 020. in RMC 4-3-020. in RMC 4-3-020. in RMC 4-3-020. regulations, as Mini Facilities shall Macro Facilities shall Monopole I Facility Monopole II Facility Lattice Tower listed in RMC comply with the comply with the Maximum Height: Maximum Height: 35 Monopole II Facility 4-3-020. height limitation height limitation Less than 60 feet for feet higher than the Maximum Height: 35 Micro Facilities specified for all specified for all zones all zones. regular permitted feet higher than the shall comply zones except as except as follows: maximum height for regular permitted with the height follows: Mini Macro Facilities may Macro Facilities are the applicable maximum height for limitation Facilities may exceed the height the largest attached zoning district, or the applicable specified for all exceed the height limitation by 16 feet, communication 150 feet, whichever zoning district, or zones except limitation by 10 feet, or in the case of facilities allowed on is less. 150 feet, whichever as follows: or in the case of existing structures a Monopole I is less. Micro Facilities existing structures the antennas may Facility. may exceed the antennas may extend 16 feet above the height extend 10 feet the existing limitation by 6 above the existing structures. feet, or in the structure. case of existing structures the antennas may extend 6 feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. ORDINAN .0. Antenna Height:�♦ Anten +n nas- ay-net sueperting-structure' {monopole,-lattice tower-building-Ar other structure. Antennas equal to or less than 15 feet in height$r-U14-4s 4 Macro Facilities are Macro Facilities are inches in diameter the largest permitted may be a attached wireless the largest permitted component of a communication attached wireless Placement of an Placement of an Monopole I Facility. facilities allowed on communication antenna on a antenna on a a Monopole II facilities allowed on Maximum nonconforming nonconforming facility. a Lattice Tower. Height and structure shall not structure shall not be wireless AnAnt Area See above. be considered to be considered to be an Antenna Height: of (Continued) an expansion of the expansion of the supportAFflas-may-14ot teed more than nonconforming nonconforming shall-Ret-be structure. structure. the height of the monopoles lattice Menepo monopole,lattice tower-building-or communications 1(4wer-r/3'1444;4944f ether-structure, suppoFt_stfuGtufe, For example, the making-the structure and antennas 75 feet(60 19 ORDINANCE NO. feet plus 15 feet). Antenna/Structure Height: Antennas the-AMonopole-ii Antenna/Structure wireless Height: Antennas oommuoications that whish extend support--structure above the Lattice Antennas that Tower wireless extend above the communications Monopole Il wireless support structure communications shall not be support structure calculated as part of shall not be the height of the calculated as part of wireless the height of the communications Maximum wireless support structure. Height and communications For example, the Area See above. See above. See above. See above. support structure. (Continued) For example, the maximum-height-for be-1-50-feet-ancl-the a-Monopole-14-faoility maximum-height-of shall-be-1-50-feet antennas-whioh-may be installed on the height of antennas supped which magi Tbe could be 1 5.fee+ installed �on�the nig-the support-structure making-the imcR ing-tyre ' maximum permitted antennas(165 feet 150 feet plus 15 structure and feet), antennas (165 feet 150 feet plus 15 feet), 4 ORDINAN dO. Maximum Antenna Projection Above Support 645 feet. 1045 feet. 1645 feet. 164-5 feet. 161-5 feet. 164-5 feet. Structure, Monopole, Tower or Building • Shall be same color as the Shall be same color Shall be same color existing as the existing as the existing building, pole building, pole or building, Color or support pole or NA NA NA structure on support structure on support structure on which it is which it is proposed which it is proposed proposed to be to be located. to be located. located. See subsection F of See subsection F of See subsection F of this Section, this Section, this Section, Standards. Standards. Standards. RMC 4-4 070, RMC 4 4 070, RMC 4 1 070, N/A N/A N/A Landscaping. A Landscaping. A Landscaping. A — — minimum minimum minimum Landscaping See See subsection F of landscaping area of landscaping area of landscaping area of &Screening subsection F this-Section, this Section, 15 feet shall be 15 feet shall be 15 feet shall be Standards. Standards: required required required surrounding the surrounding the surrounding the facility, or equivalent facility, or equivalent facility, or equivalent screening as screening as screening as approved by the approved by the approved by the Reviewing Reviewing Reviewing Official. OfficialAdministrater. OfficialAdministrater. Landscaping shall Landscaping shall Landscaping shall 21 ORDINANCE NO. include trees, include trees, include trees, shrubs and ground shrubs and ground shrubs and ground cover. The required cover. The required cover. The required landscaped areas landscaped areas landscaped areas shall include an shall include an shall include an automated irrigation automated irrigation automated irrigation system. system. system. 'err SECTION VI. Subsection B of"Wireless Communication Facilities—Terms Related To"of Definitions W, of Section 4-11-230 of Chapter 11, Definitions, of Title (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: B. Antenna: Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. Antennas include the following types: 1. Dish Antenna: see Parabolic Antenna. 2. Omni-Directional Antenna(also known as a"Whip"Antenna): transmits and receives radio frequency signals in a three hundred sixty degree (360°) radial pattern, and which is up to sixteen feet (16') in height and up to four inches (4") in rrr► diameter. 3. Directional Antenna(also known as a"Panel"Antenna): transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty degrees (360°). 4. Panel Antenna: see Directional Antenna. 5. Parabolic Antenna(also known as a"Dish"Antenna): is a bowl- shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern. 6. Parabolic Antenna, Large: A parabolic antenna greater than 39.37 inches in diameter but not to exceed 200" in diameter. 7. Whip Antenna: see Omni-Directional Antenna. 23 WNW ORDINANCE NO. SECTION VII. 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.1275:7/24/06:ma 24 a S CITY OF RENTON COUNCIL AGENDA BILL AI#: f r r` t , I Submitting Data: For Agenda of: ice,, Dept/Div/Board.. EDNSP/Strategic Planning November 6, 2006 Staff Contact Don Erickson (X-6581) Agenda Status X Consent X Subject: Public Hearing.. Aster Park Annexation - Acceptance of 60% Direct Correspondence.. Petition and consideration of future zoning Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions 60% Direct Petition Information King County Certification Document Recommended Action: Approvals: Council concur in setting public hearing on Legal Dept X November 20, 2006. Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Ilitioe Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The Council received a 60% Direct Petition to Annex on September 14, 2006, to annex approximately 19.85 acres of unincorporated King County located within Renton's Potential Annexation Area. The proponent's petition has been certified as having signatures representing at least 60% of the area's assessed valuation. Under state law, if the City decides to accept the 60% Direct Petition it is required to hold at least two public hearings on future zoning. The site is currently designated Residential Low Density (RLD) on the City's Comprehensive Plan Land Use Map and would most likely be zoned R-4, four units per net acre, consistent with this designation, if it is eventually annexed into the City. The Administration is also seeking authorization to forward the Notice of Intent Package to the Boundary Review Board if Council decides to accept the 60% Direct Petition. The City, at that time, may decide whether to invoke jurisdiction and request that the Boundary Review Board incorporate the 20-parcel unincorporated "island" to the north that would otherwise develop. ISTAFF RECOMMENDATION: Council set November 20, 2006, for a public hearing to decide whether to accept the 60% Direct Petition, to consider future zoning for the Aster Park Annexation if the 60% Direct Petition is accepted, and to authorize the Administration to forward the Notice of Intent package to the Boundary Review Board for King County. Rentonnet/agnbill/ bh (Y O CITY OF RENTON �j ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND �' ® + STRATEGIC PLANNING MEMORANDUM NT DATE: October 27, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Mayor Kathy Keolker FROM: Alex Pietsch, Administrator v STAFF CONTACT: Don Erickson, 6581 ,iosse SUBJECT: Astor Park Annexation - Acceptance of 60% Direct Petition to Annex and Consideration of Future R-4 Zoning ISSUES: Whether the City Council wants to accept the 60% Direct Petition to Annex for the Aster Park Annexation now that the petition has been certified by the King County Department of Assessments? Whether future zoning should be R-4 if the Council decides to accept the 60% Direct Petition to Annex? Whether Council wishes to authorize the Administration to forward the Notice of Intent package to the Boundary Review Board for King County, at this time? Whether the City should invoke jurisdiction during the Boundary Review Boards 45-day review period in order to expand the annexation's boundaries to include the 13-lot "island" subdivision to the north? RECOMMENDATION: 14'' • Council accept the 60% Direct Petition to Annex for the 19.85-acre Aster Park Annexation site; Aster Park Annexation - Acceptance of 60% Direct Petition, Zoning Public Hearing October 30, 2006 Page 2 • Council adopt the recommendation of the Administration that it support R-4 zoning consistent with the Comprehensive Plan Residential Low Density land use designation, currently on the site; • Council authorize the Administration to forward the Notice of Intent package for the Aster Park Annexation to the Boundary Review Board. BACKGROUND SUMMARY: At its February 13, 2005, public meeting, Council decided to accept the 10% Notice of Intent to Commence Annexation petition and authorized circulation of a 60% Direct Petition to Annex. Council at that time required petitioners to support future zoning consistent with the Comprehensive Plan land use designation upon possible future annexation to the City. It also required property owners within the annexation area to assume their proportional share of the City's outstanding indebtedness. Except for a parks shortfall, no major issues were identified. Because of a nearby Class 4 stream and the potential for flooding, future development will be required to mitigate surface water impacts and asked to use the 2005 King County Surface Water Design Manual, Level 3 flow control standards. The City received the 60% Direct Petition to Annex for this revised annexation on September 14, 2006. The petition was certified by the King County Department of Assessments as having signatures representing at least 60% of the area's assessed valuation on September 20, 2006. Council is now being asked to decide whether it wants to accept the 60% Direct .4•100 Petition to Annex, and if it does, consider future zoning for the site should it be subsequently annexed into the City. The Comprehensive Plan Land Use Map designation for the subject site is Residential Low Density (RLD). This designation currently allows three zoning classifications: Resource Conservation at one unit per ten acres, R-1 at one unit per net acre, and R-4 at four units per net acre. The westerly portion of the site currently houses a mobile home park and is zoned R-48 in King County. This zoning was probably applied to reflect the higher density of the mobile home park on it, resulting from its smaller dwelling footprints. The City is currently considering a text amendment to the RLD designation that would allow Residential Mobile Home (RMH) zoning, at a maximum density of ten units per net acre and a minimum lot area of 3,000 square feet, for new mobile home parks. Existing parks would be grandfathered in. King County currently has R-4 zoning on the eastern half of the site. This zoning allows four units per gross acre, and with bonuses, up to six units per gross acre. This portion of the site recently developed at slightly over four units per gross acre. Because of the annexation site's proximity to the Urban Growth Boundary along 148th Avenue SE, where houses on the rural side are one dwelling unit per five acres, staff is recommending R-4 zoning, consistent with the current RLD land use designation. As the City and County attempt to create more efficient service area boundaries, either the City or King County have the authority, under state law, to invoke jurisdiction and request the Boundary Review Board to modify the annexation's proposed boundaries. Because of the Aster Park Annexation- Acceptance of 60% Direct Petition, Zoning Public Hearing October 30, 2006 Page 3 *4400.1 potential 20-parcel unincorporated island that would remain on the north side of Sunset Boulevard NE, the City may want to consider this option later on. A more detailed discussion of this proposed annexation and review comments are contained in the department's January 9, 2006, Aster Park Annexation 10% Notice of Intent issue paper. CONCLUSION: The proposed Aster Park Annexation has been certified as now having sufficient signatures representing at least 60% of the area's assessed value. It also has reasonable boundaries and appears to comply with most of the relevant Boundary Review Board objectives. Reviewing staff raised no significant obstacles to this annexation. Parks, however, indicated a general deficiency in neighborhood and community parks in the area and estimate a one time parks acquisition and improvement cost of$27,724 to bring the annexation site up to City standards. This is based upon an estimated future population of 140 people living in 61 dwelling units. Currently, there are approximately 41 single-family detached dwellings on the site (38 of which are new), in addition to the mobile homes in the mobile home park. Staff estimates revenue to the City at full development of approximately $16,290 per year. Because of the recently built new homes in the Aster Park development, estimated revenues *la ' in 2006 would be approximately $8,723. Based upon the above, and the previously submitted analysis in the 10% Notice of Intent issue paper, staff concludes that the proposed Aster Park Annexation would further the City's business goals and be in the general welfare and interest of the City and asks Council to accept the 60% Direct Petition and authorize staff to forward the Notice of Intent package to the Boundary Review Board for King County. err Aster Park Annexation-60%Direct Petition 4-0.5=608 PETITION TO ANNEX TO THE CITY OF RENTON UNDER RCW 35A.14.120 (60% Petition—Aster Park Annexation) Applicant-AM-coo Address:`` 1162 S 6�� fy�- REN TO: THE CITY COUNCIL OF THE CITY OF RREITYNTON tu"( 1055 South Grady Way SEP 1 4 2006 Renton, WA 98055 pp � Telephone No.2061-ZS ifle lQ c y es O(x�FFICE The undersigned are owners of not less than sixty percent(60%)in value according to the assessed valuation for general taxation, of real property located contiguous to the City of Renton. We hereby petition that such property be annexed to the City of Renton under the provisions of RCW 35A.14.120 et seq. The territory proposed to be annexed is within.King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1)and legal description (Exhibit 2)are included as part of this petition. In response to a duly filed and considered "Notice of Intention" to commence annexation proceedings, the City Council of the City of Renton met with the initiating parties under RCW 35A.14.120 on January 8,2001. The City Council then determined that the City would accept the proposed annexation. Further,pursuant to RCW 35A.14.120, the undersigned petitioners agree to: (1) Accept the City's simultaneous adoption of zoning regulations for the subject property; (2) Accept the City's Comprehensive Plan designations as they affect the subject property; and (3) Assume their proportional share of the pre-existing City bonded indebtedness. all as noted in the minutes of the Council meeting and contained in the electronic recording of such meeting. WHEREFORE, the undersigned property owners petition the City Council and ask: (a) That the City Council fix a date for a public hearing about such proposed annexation,cause a notice to be published and posted, specifying the time and place of such hearing, and inviting all persons who are interested to appear at the hearing and state their approval or disapproval of such annexation or to ask questions; and (b) That following such hearing, and consistent with any approval by the Boundary Review Board, the City Council by ordinance annex the above described territory to become part of the City of Renton, Washington, subject to its laws and ordinances then and thereafter in force, and to receive City public services. This two page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton, Washington as above stated, and may be filed with other pages containing additional signatures. Page 1of2 • Aster Park Annexation 60%Direct Petition to Annex WARNING: Every person who signs this petition with any other than his or her true name,or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who *lor makes herein any false statement,shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) Et'((hr. ertl z� E t Eti f 14'ver€° s`€)rt ry rr E` tr.r E € htt,, a ;.,FE d� ,,, et 4117, __ _ . IaZS ( I�UCSf t�krta 111 I(cf )0&)61'-'1C4‘‘ s69c 03 23°s 1020 2. A-kr- ctk, V /l4- 1 &rc, ( r5 3. 4. 5. 6. 7. 11 8. 9. 10. Page 2 of 2 Exhibit 1 ASTER PARK ANNEXATION LEGAL DESCRIPTION That portion of the Southeast quarter of the Southeast quarter of Section 3, Township 23 North,Range 5 East, W.M., in King County, Washington, Iying southerly of the northerly right-of-way margin of NE Sunset Blvd(State Route 900, SE Renton-Lssaquah Rd, Primary State Highway No. 2); EXCEPT that portion of said right-of-way lying northeasterly of the existing City Limits of Renton as annexed by Ordinance No. 5069; and • EXCEPT the east 30 feet for road. III AnJExhi6iJi* -��I ' n 0*111, er ilp,i1 Aryl iilliriuMirof miliejtifilil - 1111,D. kin . cf] on 61101,1rfil i i ,,,,,,„.......0 EN co _..... iiii..to . 123a 3 411111ma ilaiv 0 a kik lli wA, o ❑ o MI • :: \ ° a Ili OA Ej 4,1 e, ' v - ' ° a s ___ __ _, El. oM � . III � ,v,---- , � ,s, , L - ,. 0 ikon 1 , ____-_.....:, Th__ .........,,,mm,„,,,m,.„,......m. ...1 (- __-L --J ----/ ___, -,7,-, . -- bil 1191,611110 - ; ____ _-_----_, A-IP 1 Q°160 lilt' _' --_- --, -- . _ , _ ___ -' IWO Cl__._ _. ____ _, ,s._ :_, EllcD4 __ . •_, ____ _ , _ 1,._____ --: ma ED NM 4it II n 1 - al It illigiih, fl a 1191 Til) CI 0 Ligifilial I pi 1 0 [ALM� Q 0 J i= 0 c:aliiiii2:3 MI 3 d cip lin' di GI ci ED° 13 g dink Masa tell " .5.3 Do 1 ... .., , •. ta, 100, on Iii • Prosed Aster Park Annexation 0 300 600 =figure 3:Existing Structure Map 1 : 3600 kf 9T' •, Economic Development,Neighborhoods&Strategic Planning Existing Structure Alex Pietsch,Administrator G.Del Rosario — Renton City Limits 10 January 2006 ® Prnnncarl AnnaYatinn Aran Dave- C . II H. I It ! i �; '� ' I I , ' i ,!: IliISIReturn Address: I � I' I. Ir 'Ili City Clerk's Office I I 'i'' i'I i, I, l i; �i 1 I t t I�I City of Renton - ., i '�' (I l�i r „ s0 1055 South Grady WayC � •.,O�- ITON COY ►�` 0 d� Renton. WA 98055 PE001 OF 088 24.00 e /:%2004 08:54 KING COUNTY, LJA DECLARATION OF COVENANT AND Property Tax Parcel Number: I ANNEXATION AGREEMENT 03�z 30S-9oz6 1103Z-30S-VZS7 I NEW DEVELOPMENT Street Intersection or Project Name: , . v__ - ;Grantor(s): Grautee(s): I. Nagg/ HDuo, .�,v(, A r✓AW. erre ev_ I I. City of Renton.a Municipal Corporation The Agreement executed herein between the City of Renton. Washington.a municipal corporation.hereinafter referred to as "CITY"and the Grantorysk as named above and/or successors in interest of certain property. hereinafter referred to as "OWNER".is for and in consideration of the furnishing of utility sen ice by the CITY to certain property of the OWNER hereinafter referred to as"PROPERTY" The OWNER does hereby petition for annexation of the PROPERTY to the CITY. does hereby agree to the conditions of annexation herein.and does hereby declare this covenant. 1- ACKNOWLEDGEMENTS AND REPRESENTATIONS The Grantor does herebt acknowledge and agree as follows: 1.1. The OWNER is the owner of certain PROPERTY which is located outside the corporate limits of the Nei CITY 1 1.2. The OWNER is seeking Preliminary Plat approtal from in County for the PROPERTY 1 1.3. The OWNER has requested the CITY to furnish sewer service to the PROPERTY 1.4. This Agreement to extend sewer service outside the corporate limits of the CITY is authorized bR('W 35.67.310 and RCW 35.92.170 and shall not be construed as a'oluntan agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. I.6. Per Renton Municipal Code Section 4-6-04u.the owner of property in Renton-s Potential Annexation • Area shall execute a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of or connection to the City-s sanitary sewer system outside of the City Limits. 1 A CITY"S requirement of an annexation agreement ora commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY is recognized by Washington law- 1.8. The PROPERTY is located within the CITY- POTENTIAL ANNEXATION AREA or IURBA". SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensit e Plan pursuant to the King County Countywide Planning Policies. a009_ 00-7-- I DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT a330s-goze 1 Os-73o c9zS-/ NEW DEVELOPMENT Street Intersection or Project Name. igsrte. f'�t� 1.9. It is the interest ot the citizens o!the(-IT) to insure that all public improvements that are or could he constructed within the corporate limits ot the CIT) or will he ultimately anne.ved into the CIT) are c•onstruc ted ur I accordance with(/7.1 construction standards I.1(1 The OWNER'S request for the extension of utility services was duly considered by the CITY.and it was determined that the furnishing of sewer service to the PROPERTY would be proper upon the fulfilling of all conditions herein. 1.1 I The OWNER does hereby acknowledge that in the event of y iolation or breech of the terms of this PETITON. AGREEMENT AND COVENANT.or upon the invalidation of this PETITON. AGREEMENT AND COTENANT by judicial action.operation of law or otherwise.the CITY reserves the right at its sok discretion to immedlateh terminate the provision of utility service to the PROPERTY and in such case the OWNER agrees to indemnify and hold the CITY harmless from any and all claims of any party. PROPERTY DESCRIPTION 32. The PROPERTY is hereby described as follow.: The PROPERTY is legally described in Attachment A.attached hereto and incorporated by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY PETITION AND COVENANT FOR ANNEXATION The OWNER. in consideration of the CITY'S agreement to provide utility service to the PROPERTY.does hereby petition.agree and covenant as follows 3. I I The OWNER does hereby agree.promise and covenant that it-at any time the PROPERTY is incl ed within any area which is being considered for annexation to the CITY.said OWNER does join in said annexation. 3.2 The OWNER agrees to execute all necessary documents such as letters.notices.petitions or other instruments initiating.furthering or accomplishing the annexation of the PROPERTY to the CITY. whether or not the annexation involves the assumption by the area to he annexed of existing CITY indebtedness.the application to the area to be annexed of the CITY Comprehensive Plan and land use controls.and such other conditions as the CITY may lawfully impose. The OWNER_for himtherthernselves and for histheretheir heirs. successors and assigns.agrees and covenants with the CITY_and to the present and future owners of the PROPERTY to which this covenant relates_that such agreement is to constitute a covenant running with the land.that he,shetthey shall. whenever so requested.execute such letters. notices_petitions or other instruments. OWNER understands that the CITY will record this document and the OWNER agrees to specifically advise future interests in the property *Imp/ covnt annex new devel 2004105ngt04 Page FORM('3 9H10841h, • • DECLARATION OF COVENANT AND Property Tax Parcel Number: 1480 ANNEXATION AGREEMENT Cd3Z3oC-90 D3L349s'7ZS7 NEW DEVELOPMENT Street Intersection or Project Name: 3.3 The OWNER recognizes that the laws of the State of Washington relating to the annexation of property be a cin provides that property may be annexed to a cin it propem owners sign a petition for such an annexation. The OWNER recognized and agrees that by signing this Agreement.the PROPERTY of the OWNER will automatically be included as a property to be annexed in the gent PROPERTY is within a proposed annexation area. The OU' ER tur her recogni_es that there are other methods of annexation allowed under the laws of the State of N ashungton. including the election method 3.4 The OWNER understands that the OWNER'S signatures on this.Agreement is an admission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5 The undersigned OWNER of the PROPERTY-.on behalf of himselffierself themselYes.his/her/their heirs.successors and assigns.hereby designates►the CITY as OWNER'S true and lawful attorney-in-fact t'or the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY.with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct This Special Power of Attorney is given for the valuable consideration of the furnishing of sewer service M the CITY. and this Special Power of Attorney is further given as security for performance of the annexation covenant • obligation set forth herein. This Special Power of Attorney is not revocable and shall not he affected by the disability of the principal. - *4411101 4. AGREEMENT AND COVENENT OF CONDITIONS.AND MITIGATION MEASURES The OWNER acknowledges that the CITY has a desire to have certain minimum development standards met for new developments in the CITY-s Potential.Annexation Area. The OWNER.in consideration of the CITY-s agreement to provide sanitary sewer utility service to the PROPERTY and in recognition of the(ATVs conditions for annexation of the PROPERTY.does hereb' agree and covenant to provide their development plans to the CITY for their information. Except as may be waived by the CITY's Public Works.Administrator or his/her designee.the minimum design standards that will be required are: 4.I The OWNER shall provide record drawings of all of the constructed Public Work's facilities for the CITY's records. covnt annex new devel 2004-Revised MIR 6-I-o4106/01t(4 Page FORM(13 0008/bk DECLARATION OF COVENANT AND Property Tax Parcel Number: ANNEXATION AGREEMENT 05Z30S"76Zlo 4 O?z3OS 7 NEW DEVELOPMENT Street Intersection or Project Name: A/Trr PAIL GENERAL PROVISIONS J The OWNER and the CITY do hereby acknowledge and agree to the following provisions.t hick apply to the entire Agreement herein. 5.1 The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards_the more restrictive standards as determined by the CITY shall appy No modifications of this Agreement shall he made unless mutually aereed upon by the parties in writing. I 5.3 Nothing in this agreement shall he construed to create any financial obligation on the part of the CITY with regard to annexation.construction 01 utilities and appurtenances_or any other matter. fhe OWNER and the CITY hereby acknowledged that it is the OWNER's responsibility to finance the design and construction of utility facilities needed to serve OWNER's property consistent with the CITY plans and specifications. unless otherwise agreed by the CITY. 5.4 The terms and provisions of this PETITION. AGREEMENT AND COVENANT shall insure to the benefit and become binding upon the heirs_assigns andror successors in interest of the parties hereto. The OWNER agrees to indemnify and hold the CITY harmless from any claims any subsequent purchaser may have as a result of this Agreement. including CITY'S attorney fees and costs. 5.5 Any notice or demand required or permitted to he given under this Agreement shall he sufficient if given `fir in writing and sent by registered or certified mail.return receipt requested_to the address of the parties set forth below. Any notice shallfe deemed to have been given on the date it is deposited in the( .S.Postal Service mail with postage prepaid. 5.6 If for any reason ofany default or breach on the part of either the OWNER or the CITY in the performance of any of the provision of this Agreement a legal action is instituted.the parr not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County. Washington. This Agreement shall be governed by the applicable laws. rules_and regulations of the State of Washington and the( ITN. 5.- In the event that am term.provision_condition.clause or other portion of this Agreement he held to be inoperative. invalid.void.or in conflict with applicable pro.ision.condition.clause or other portion Of this Agreement.and the remainder of this Agreement shall be effective as if such term.provision.condition or other portion had not been contained herein.and to this end.the terms of this Agreement are declared by the parties to be severable. 5.8 Upon execution.the CITY will record these covenants with the King County Recorder's Office. "rllrt 0" covnt annex new devel 2004%05/m04 Page 3 FORM(13 0(IO8/bh. ( DECLARATION OF COVENANT AND t I Property Tax Parcel Number: ANNEXATION AGREEMENT 1 03Z.305 9UZ G q o3 t3 05-9 zs7 NEW DEVELOPMENT Street Intersection or Project Name: fJsTaC P,e>zc. IN WITNESS WHEREOF. I have hereunto set mx hand and seal the da. and.ear as written below. vkiitivzo .146 "cantor Signature s 1 � INDIVIDUAL FORM OF aCk".NOW'LEDGMENT I Notary Seal must he within box STATE OF WASHINGTON 1 ss i II COUNTY OF KING I I certittx that I know or hax r satisfactory r.idence that ' signed this instrument and acknowledged it to he his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. I I I Notary Public in and for the State of Washington Notary(Print) i My appointment expires: Dated: I DECLARATION OF COVENANT AND , Property Tax Parcel Number: ANNEXATION AGREEMENT I 03- 30S- 07,6 403,�300ZS/ Project File= I Street Intersection or Project Name: IN WITN SS WHEREOF. I have hereunto set my hand and seal the day and year as written below.�� AR/K. 1 I CORPORATE FORM OF.4CKNOWLEDGMENT 2111661 (1.39'4e4.. 'votary Seal must he within box STATE OF WASHINGTOS. t SS _ I OCn thisTY F KING t ‘‘‘\""11111 On da. of.�I't^r''nVt `�.�#040 .III/// U D .hefore me personalh appeared S `.`.... tet ti // op� ���p �`^�y'1/� to me known to +� rz ,..' wi 4 1. a1 kt of the corporation that +1,Q /t xecuted the within instrument.and acknowledge the said instrument to he the tree , i ... 9nd voluntary act and deed of said corporation.for the uses and purposes therein i 4010°. a 4 ntioned.and each on oath stated that he-she was authorized to execute said • • 6 nstrument and that the seal affixed is the corporate seal of said corporation. lieQo'l45.A y • lig1 oit.wAS . . Notary Public in and for the State of Washington Notary(Print) A4I Oa ..AN ve11 1 My appoi t ent expires: 11 -10-(TI Dated: T I 7 � 1 roynt annex new devel?(NWN)>ngitti Page 5 FORM n_IKXIR/hh: , ASTER PARK ANNEXATION AREA ASSESSED VALUES Epg0- 0C _�I a f _: i'. cti 6.'£ 1: 7" 1,17T 1.* � £z 5?:; 5��6 e i. �,i.i tl.} h�i\ 'fix �-triA . ``1+'` 029385-00l0 Norris Homes,Inc. 14724 147' Place SE Improved $432,000 029385-0020 Norris Homes, Inc. 11028 147th Place SE Improved $426,000 029385-0030 Norris Homes, Inc. 11020 147th Place SE Improved $427,000 029385-0040 Norris Homes,Inc. 14674 SE 110th Place Improved $371,000 029385-0050 Slavie Korets 14668 SE 110th Place Improved $427,000 029385-0060 Norris Homes, Inc. 14662 SE 110th Place Improved $437,000 029385-0070 Norris Homes,Inc. 14656 SE 110th Place Improved $414,000 029385-0080 Nataliya Petrus 14650 SE 110th Place Improved $427,000 029385-0090 Norris Homes, Inc. 14644 SE 110th Place Improved $362,000 029385-0100 Norris Homes, Inc. 14638 SE 110th Place Improved $427,000 029385-0110 Sergey Mironyuk 14632 SE 110th Place Improved $437,000 029385-0120 Norris Homes, Inc. 14626 SE 110th Place Improved $407,000 029385-0130 Norris Homes, Inc. 14620 SE 110th Place Improved $376,000 029385-0140 Norris Homes, Inc. 11109 146th Court SE _ Improved $379,000 029385-0150 Norris Homes, Inc. 11117 146th Court SE Improved $262,000 029385-0160 Michele Porter 11125 146th Court SE Improved $435,000 029385-0170 Doug Doan 11129 146th Court SE Improved $435,000 029385-0180 Norris Homes, Inc. 11133 146th Court SE Improved $418,000 029385-0190 Y. Voldoymyri 11137 146th Court SE Improved $416,000 029385-0200 Norris Homes, Inc. 11134 146th Court SE Improved $393,000 029385-0210 Roman Bodnar 11130 146th Court SE Improved $447,000 limo 029385-0220 Brian Davis . 11126 146th Court SE Improved $432,000 029385-0230 Norris Homes, Inc. 11120 146th Court SE Improved $447,000 029385-0240 Serguei Esipenko 14635 SE 111th Street Improved $435,000 029385-0250 Oxana Esipenko 14643 SE 111th Street Improved $435,000 029385-0260 Norris Homes,Inc. 14705 SE 111th Street Improved $426,000 029385-0270 Norris Homes,Inc. 14711 SE 111th Street Improved $382,000 029385-0280 Ivan Galakh 14717 SE 111th Street Improved $447,000 029385-0290 Norris Homes, Inc. 14723 SE 111th Street Improved $418,000 029385-0300 Norris Homes, Inc. 14642 SE 111th Street Improved $379,000 029385-0310 Norris Homes, Inc. 14700 SE 111th Street Improved $379,000 029385-0320 Norris Homes, Inc. 11035 147th Place SE Improved $379,000 029385-0330 Norris Homes, Inc. 11027 147th Place SE Improved $371,000 029385-0340 Norris Homes, Inc. 14665 SE 110th Street Improved $435,000 029385-0350 Weiman Chen 14659 SE 110th Street Improved $447,000 029385-0360 Norris Homes, Inc. 14651 SE 110th Street Improved $385,000 029385-0370 King County Not available Vacant exempt 029385-0380 Norris Homes, Inc. Not available Vacant $1,000 029385-0390 King County Not available Vacant exempt 032305-9020 Jonah-Kai Hancock 11025 148th Avenue SE Improved $238,000 032305-9250 Alek Bezam 11045 148th Avenue SE Improved $254,000 032305-9028 Hendrickson Fir Grove, 14435 Renton-Issaquah Mobile home $887,500 *7 LLC Road park TOTALS $16,132,500 t , l \ King County Department of Assessments Scott Noble King County Administration Bldg. 500 Fourth Avenue,Room 708 Assessor Seattle,WA 98104-2384 (206)296-5195 FAX(206)296-0595 Email:assessor.lnfo@metrokc.gov www.met rokc.gov/assessor/ ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted September 18, 2006 to the King County Department of Assessments by Don Erickson, Senior Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Aster Park Annexation, have been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 20th of September, 2006 _____ Tiiico iikke, Scott Noble, Kin -County Assessor I#..4E0,202M CITY OF RENTON COUNCIL AGENDA BILL IAIft: ; L ; Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP/Strategic Planning November 6, 2006 Staff Contact Don Erickson (x6581) Agenda Status X Consent X Subject: Public Hearing.. Hudson Annexation- Acceptance and concurrent Correspondence.. zoning Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Boundary Review Board Closing Letter Information Recommended Action: Approvals: Council concur in setting the public hearing for Legal Dept X November 20, 2006. Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The Council received a 60% Direct Petition on January 30, 2006, to annex approximately 13.69 acres of unincorporated King County located within Renton's Potential Annexation Area. The proponent's petition was certified in February 2006, as having signatures representing at least 60% of the area's assessed value. At its first public hearing, the Council accepted the 60% Direct Petition to annex, considered future zoning consistent with the Comprehensive Plan, and authorized the Administration to forward the Notice of Intent package to the Boundary Review Board for King County (BRB). On September 29, 2006, the BRB notified the City that it had approved the Hudson Annexation. Under state law, the Council is required to hold at least two public hearings on future zoning. The currently proposed public hearing would be the second on future zoning. It also would include asking Council to concur with the BRB's acceptance of this annexation. As noted in June, the site is currently designated Residential Single Family (RS) and Residential Medium Density (RMD) on the City's Comprehensive Plan Land Use Map. The RS portion would most likely be zoned R-8 and the RMD portion would most likely be zoned R-10, consistent with these two land use designations, if annexed into the City. STAFF RECOMMENDATION: iliorSet November 20, 2006, for a public hearing to decide whether to now accept the Hudson Annexation and, if so, concurrently rezone it R-8 and R-10 consistent with the Comprehensive Plan. Rentonnet/agnbill/ bh y ECONOMIC DEVELOPMENT, ® ` NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT , Nrr 0MEMORANDUM DATE: October 30, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor Y_ 19 FROM: Alex Pietsch, Administrator \ (" STAFF CONTACT: Don Erickson (6581) SUBJECT: Hudson Annexation - Acceptance and concurrent zoning ISSUE: Whether Council wishes to follow the action of the Boundary Review Board and approve the Hudson Annexation? %re If Council decides to approve the Hudson Annexation, whether it wishes to rezone portion of it R-8, consistent with the Comprehensive Plan, and portions of it R-10, also consistent with the Comp Plan, concurrently? RECOMMENDATION: The Administration recommends that Council: • Accept the findings and decision of the BRB to approve the 13.7-acre Hudson Annexation; • Adopt the recommendation of the Administration to concurrently rezone the non- street portions of this annexation R-10 zoning on the south side of SE 168th Street east to approximately the midpoint between 109th Avenue SE and 111th Avenue SE, consistent with the Comp Plan Residential Medium Density(RMD) land use designation; • Adopt the recommendation of the Administration to concurrently rezone elsewhere, the non-street portions of this annexation R-8 zoning, consistent with the Comp Plan Residential Single Family(RS) land use designation shown for those portions of the annexation site. BACKGROUND SUMMARY: h:\ednsp\paa\annexations\hudson\acceptance issue paper.doc Randy Corman,Council President Page 2 of 2 October 30,2006 At its November 14, 2005, public meeting, Council decided to accept the 10% Notice of Intent to Commence Annexation petition and authorized circulation of a 60% direct ,44100 petition to annex. Council at that time specified that petitioners agree to support future zoning consistent with the Comprehensive Plan land use designation and assume their proportional share of the City's outstanding indebtedness upon possible future annexation to the City. Except for parks, reviewing staff identified no other issues. The City received the 60% Direct Petition to Annex for this revised annexation on January 30, 2006. The petition was certified by the King County as having signatures representing at least 60% of the area's assessed valuation in February 2006. The Boundary Review Board issued its closing letter on September 26, 2006, approving this proposed 13.7-acre annexation. The Comp Plan Land Use Map designation for the subject site is both RS and RMD. The RS designation allows R-8 zoning, at eight units per net acre and the RMD designation allows R-10 zoning, at ten units per net acre. King County currently has both R12 and R18 zoning on the annexation site, both of which would allow substantially higher densities than would be allowed under Renton's proposed zoning. The County's R12 zone allows 12 units per gross acre, and with bonuses, allows up to 18 units per gross acre. Its R18 zone allows 18 units per gross acre, and with bonuses, allows up to 27 units per gross acre. CONCLUSION: The Boundary Review Board has now approved the proposed Hudson Annexation finding that it has reasonable boundaries and appears to comply with most of the Board's relevant objectives. City reviewing staff raised no significant objections to this annexation. There is a general deficiency in the area of parks and a one-time estimated parks acquisition and improvement cost of$78,790 to bring the annexation area up to City standards. This is based upon an estimated future population of 211 residents, living in an estimated 105 dwelling units, at build out. Staff estimates a fiscal cost to the City of approximately $31,746 per year, at build out, in today's dollars. This is because the area is already basically built out so that assessed values are not anticipated to increase as much as would be normal in a less built out area. Based upon the above and the previously submitted analysis in the 10% Notice of Intent issue paper, staff concludes that the proposed R-8 and R-10 zoning for the Hudson Annexation would be consistent with the City's Comprehensive Plan, and that the proposed annexation would be in the general welfare and interest of the City. h:\ednsp\paa\annexations\hudson\acceptance issue paper.doc Ira \\ '''c'-5-r- z--IT-7- ' ' 'st [ ti . as 1 1 ) nt / �_ � � � I III V _ _ 160 st St 114 > --- - H � �� �t'� SE 1 : 4sf, < < rAW. t , _ _ 1 ic) [ ---1 ..< ... � \ _. • .,is O 14th I -_• I r , •� al � S 27th St I 'rig' IN s INNENI1IIIIN r i iiiik 1 1 1 I _1 k 1.04- .1" Nowak NatiEllkimmi wa011 Vali taw "clifillhA„ ,irtaariii < t illill 0 ("4 °wile intiii IV tt \ 3 ! huuIULT .O* °O ME aillik NAIL C, , in _■N Im/� I I ii I In Immo SF j 6.$thy S 1 , 411Ik --‹ pi _c on %.) rj i Nam ' 0 / wan mom 11L____- 1.1 /. ■ �— 169th Std ni a a -,� ■! IL( IIL . i: HUEHi ■ Nim o Ills711 -1 1 4 s •1 Immo • .674 room 6111111i , ■ � SE 172nd St _ �, ■ L G o no,s , no 1110 h III, Dnfrnvi4-.,1.., nJ C`r I i t i It — ;oposed Hudson Annexation 0 600 1200 Figure 1: Vicinity Map • Economic Development,Neighborhoods&Strategic Planning — — — City Limits 1 : 7200 Akx Retsch,Admmistramr 1 I Proposed Annex.Area C.Del ,t ' 3 October 200 er 2005 411 Washington State Boundary Review Board For Kin,- County Yesler Building, Room 402, 400 Yesler Way, Seattle, WA 98104 Phone: (206)296-6800 • Fax: (206)296-6803 • htip://www.rnetrokcgov/annexations September 29, 2006 City of Renton Attn: Don Erickson, AICP Senior Planner 1055 South Grady Way Renton, WA 98055 RE: CLOSING LETTER FOR COMPLETED ACTION - File No. 2239 - City of Renton - Hudson Annexation Dear Mr. Erickson: We are writing to advise you that the Boundary Review Board has now completed the required Evaluation, as specified in RCW 36.93, for the above-referenced proposed action filed with the Board effective: August 16, 2006. The Boundary Review Board also provided a 45-day public review period August 16 - September 29, 2006, as prescribed by RCW 36.93. The Board received no request for a public hearing of this proposed action during the public review period. The Boundary Review Board, therefore, hereby deems this proposed action approved effective: September 29, 2006. Final approval of the proposed action is also subject to the following actions, where applicable: 1. Sewer and Water District actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 2. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 3. Filing with King County of permit application(s), as required, accompanied by a copy of this letter. 4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of Intention. Page two continued, September 29, 2006 *ow Form 13 5. Notification in writing of your intended effective date of annexation. This notification should be provided as early as possible. Please send this information to Elissa Benson, Bank of America Tower, King County Office of Management and Budget, 701 Fifth Avenue, Suite 3200, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of final resolution or ordinance accomplishing this proposed action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would like additional information, please contact our office at 206-296- 6800. Sincerely, 4t-t-4-4-) 14114-‘"'"`"*"?`") Ikrio Lenora Blauman Executive Secretary cc: Marty Wine, City of Renton Anne Noris, Clerk of the Council Dave Wilson, Records and Elections Division Debra Clark, Department of Assessment Lydia Reynolds-Jones, Manager, Project Support Services King County "911" Program Paul Reitenbach, Department of Development & Environmental Services Elissa Benson, Office of Management and Budget Dave Monthie, Department of Natural Resources _ r CITY OF RENTON COUNCIL AGENDA BILL AI#: ill.: Submitting Data: For Agenda of: 11/6/06 Dept/Div/Board.. EDNSP Staff Contact Norma McQuiller X6595 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Second Round of 2006 Neighborhood Grants Ordinance Resolution Old Business Exhibits: New Business • Issue Paper Study Sessions • 2006 Second Round Grant Funding Request Information • Descriptions Recommended Action: Approvals: Refer to Community Services Committee Legal Dept....X.... Finance Dept....X... Other illuor Fiscal Impact: Expenditure Required... $4,485 Transfer/Amendment Amount Budgeted $37,231(remaining in Revenue Generated budget from first round) Total Project Budget City Share Total Project.. SUMMARY OF ACTION: One project application and six newsletter applications were submitted for the second round of neighborhood program funding. Staff evaluated each request against established criteria. One project grant and six newsletter grants are recommended for funding. STAFF RECOMMENDATION: • Approve one 2006 Neighborhood Grant project application and six newsletter applications totaling $4,485. Rentonnetfagnbill/ bb �y ECONOMIC DEVELOPMENT, softieC'a �" NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: October 18, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: --X' Kathy Keolker, Mayor C11— FROM: Alex Pietsch, Administrator �, STAFF CONTACT: Norma McQuiller, ext. 6595 SUBJECT: 2006 Second Round Grant Applications ISSUE: Do the two grant project applications submitted and six newsletter grants, comply with the City of Renton's Neighborhood Program objectives and should they be approved? Now RECOMMENDATION: Council approves one project and six newsletter applications totaling $4,485. BACKGROUND SUMMARY: The City Council appropriated$50,000 in the 2006 Budget for the Neighborhood Grant Program. From this budget, $12,769 was allocated in the first round of applicants earlier this year, leaving $37,231 to be allocated. 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 is completed. 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. Of the two grant applications, the Grant Review Team recommended one be funded 'glow based on the above criteria. 1 Neighborhood Requested Recommended *004 Amount Amount Project Grants Edmonds Place $1,609 N/A Ginger Creek Urban Park $858 $858 Newsletter Grants Earlington Neighborhood Association $300 300 Kennydale Neighborhood Association $2,000 $2,000 Renton Hill Neighborhood Association $427 $427 Summerwind Homeowners Association $279 $279 Tiffany Park Homeowners Association $89 $89 Tiffany Park Neighborhood Association $532 $532 Totals $6,094 $4,485 Note: The above amounts are rounded to the nearest dollar CONCLUSION: The Neighborhood Grant Program continues to be very successful. Thirty-three neighborhoods have used the program to fund 63 project grants and 30 newsletter grants to date. cc: Jay Covington,Chief Administrative Officer 'vii✓ Suzanne Dale Estey,Director Norma McQuiller,Neighborhood Coordinator Michael Bailey,Administrator 2 Neighborhood Total Project Project Meets objectives of Neighborhood Cost Program Tiffany Park $858 $1,716 Ginger Creek Urban Park Improvements Yes Neighborhood Includes sweat The proposal is to continue development of a neighborhood urban Association equity park located on a Seattle Public Utilities (SPU) owned right-of-way in Renton. The goal of this grant is to further develop the park with the addition of 100 crocus bulbs. _ Edmonds Place $1,609 N/A Right of Way Improvement No The proposal is to plant 7 trees, ten feet apart and spread gravel It would appear distortional to rocks along a 64' strip of right of way. Total length of right of way landscape only 60 feet of a 360-foot is approximately 360 feet. strip of right of way. Staff also has concerns about participation and _maintenance after initial planting. Earlington $300 N/A Newsletter Yes Neighborhood Annual printing expenses for a newsletter printed and hand Association delivered quarterly. A newsletter is also displayed at the new neighborhood kiosk. Kennydale $2,000 N/A Annual printing expenses for a newsletter printed and hand Yes Neighborhood delivered quarterly. Association Renton Hill $427 N/A Annual printing expenses for a newsletter printed twice a year and Yes Neighborhood distributed door-to-door. Association Summerwind $279 N/A Annual printing and postal expenses for a quarterly newsletter. Yes Homeowners' Association Tiffany Park $89 N/A Annual printing expenses for a newsletter printed once a year and Yes Homeowners' distributed door-to-door. Association Tiffany Park $532 N/A Annual printing expenses for a newsletter printed twice a year and Yes Neighborhood distributed door-to-door. Association Total $6,094 $1,716 3 CITY OF RENTON COUNCIL AGENDA BILL / J AI#: Submitting Data: For Agenda of: Dept/Div/Board.. FIS/Information Services November 6, 2006 Staff Contact Michael Bailey Agenda Status FIS Administrator Consent X Subject: Public Hearing.. Interlocal Joint Purchasing Agreement with City of Correspondence.. Bellevue 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 an interlocal agreement between the City of Renton and City of Bellevue. The agreement allows the City to leverage its purchasing resources with the City of Bellevue to provide better purchasing efficiencies. STAFF RECOMMENDATION: Authorize an interlocal agreement with the City of Bellevue for joint purchasing with the City of Bellevue. (# X O FINANCE AND INFORMATION SERVICES `toe ¢= cz, , DEPARTMENT -4>Nrv4� MEMORANDUM DATE: October 31, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: X Kathy Keolker, Mayor FROM: Michael E. Bailey, FIS Administrator — STAFF CONTACT: David Tibbot, IS Manager SUBJECT: Interlocal Joint Purchasing Agreement with the City of Bellevue ISSUE Should the City of Renton enter into an Interlocal Joint Purchasing Agreement with the City of Bellevue? RECOMMENDATION Staff recommends approval of the Interlocal Agreement. BACKGROUND The proposed agreement would allow Information Services to purchase software and services from Granicus using terms from the City of Bellevue Contract. Granicus provides the tools necessary to enable the City's television channel 21 to broadcast live over the Internet. This would permit council meetings to be broadcast live as well as retained on the web site for later viewing. This tool can also be used to leverage City training by broadcasting it live as well as creating a training library of"web-casts"to be viewed by City employees as convenient. The City of Renton does not have an Interlocal Joint Purchasing Agreement with the City of Bellevue. The agreement would allow the City of Renton, including its FIS, Information Services Division to create purchasing efficiencies with the City of Bellevue by extending the contracted price of goods and services between cities. The terms of the City of Bellevue contract are considered favorable to the City of Renton. DRL Cc: Jay Covington,CAO Marty Wine,Assistant to the CAO Now George McBride,IS Director c:\documents and settings\dlemenager\local settings\temp\issuememobellevueI.doc k INTERLOCAL JOINT PURCHASING AGREEMENT THIS AGREEMENT is between the City of Bellevue, a political subdivision of the State of Washington, and the City of Renton, a public agency under the laws of the State of Washington. WITNESSETH: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between governmental agencies;and WHEREAS, Chapter 39.33 of the Revised Code of Washington provides for intergovernmental disposition of property; and WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their mutual interest;-- NOW,THEREFORE, the parties agree as follows: 1. PURPOSE: The purpose of this agreement is to acknowledge the parties'mutual interest to jointly bid the acquisition of goods and services where such mutual effort can be planned in advance and to authorize the acquisition of goods and services and the purchase or acquisition of goods and services under contracts where a price is extended by either party's bidder to other governmental agencies. 2. ADMINISTRATION: No new or separate legal or administrative entity is created to administer the provisions of this agreement. NoNS 3. SCOPE: This agreement shall allow the following activities: A. Purchase or acquisition of goods and services by each party acting as agent for either or both parties when agreed to in advance, in writing; B. Purchase or acquisition of goods and services by each party where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract and/or where either party's bidder is willing to extend prices to other governmental agencies. 4. DURATION AGREEMENT—TERMINATION: This agreement shall remain in force until cancelled by either party in writing. 5. RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the right to contract independently for the acquisition of goods or services without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. 6. COMPLIANCE WITH LEGAL REQUIREMENT: Each party accepts responsibility for compliance with federal, state or local laws and regulations including, in particular, bidding requirements applicable to its acquisition of goods and services. 7. FINANCING: The method of financing of payment shall be through budgeted funds or other available funds of the party for whose use the property is actually acquired or disposed. Each party accepts no responsibility for the payment of the acquisition price of any goods or services intended for use by the other party. 8. FILING: Executed copies of this agreement shall be filed as required by Section iiyr 39.34.040 of the Revised Code of Washington prior to this agreement becoming effective. 9. INTERLOCAL COOPERATION DISCLOSURE: Each party may insert in its solicitations for goods a provision disclosing that other authorized governmental agencies may also wish to procure the goods being offered to the party and allowing the bidder the option of extending its bid to other agencies at the same bid price, terms and conditions. 10. NON-DELEGATION/NON-ASSIGNMENT: Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this agreement without the written consent of the other party. 11. HOLD-HARMLESS: Each party shall be liable and responsible for the consequence of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this agreement. 12. SEVERABILITY: Any provision of this agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provision or affecting the validity or enforcement of such provisions. APPROVED, CITY OF RENTON APPROVED, CITY OF BELLEVUE Kathy Keolker, Mayor Date Purchasing Manager Date APPROVED AS TO FORM: APPROVED AS TO FORM: Lawrence J. Warren, City Attorney Date Assistant City Attorney Date ATTEST: ATTEST: Bonnie I. Walton, City Clerk Date City Clerk Date `w CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL JOINT PURCHASING AGREEMENT WITH THE CITY OF BELLEVUE IN ORDER TO JOINTLY BID THE ACQUISITION OF GOODS AND SERVICES. WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington, provides for interlocal cooperation between government agencies; and WHEREAS, the cities of Renton and Bellevue desire to utilize each other's procurement agreements when it is in their mutual interest; and WHEREAS, it is in the parties' mutual interest to jointly bid the acquisition of goods and services where such mutual effort can be planned in advance, and to authorize the acquisition of goods and services, and the purchase or acquisition of goods and services under contracts where a price is extended by either party's bidder to other governmental agencies; and WHEREAS,this Agreement shall allow the following activities: A. Purchase or acquisition of goods and services by each party acting as agent for either or both parties when agreed to in advance, in writing; B. Purchase or acquisition of goods and services by each party where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract and/or where either party's bidder is willing to extend prices to other government agencies; and 1 RESOLUTION NO. WHEREAS, each party reserves the right to contract independently for the acquisition of Itrie goods and services without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity; and WHEREAS, under the Agreement, Renton and Bellevue may purchase from either of each others' contracts that were awarded based on a bid; and WHEREAS, it is necessary to document the terms and conditions of the Interlocal Joint Purchasing Agreement between the cities; 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 an Interlocal Joint Purchasing Agreement with the City of Bellevue. Name 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.1220:10/26/06:ma `acct 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: tilia": Submitting Data: For Agenda of: Dept/Div/Board.. Finance& IS Department November 6, 2006 Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Correspondence.. Results of RFP Process for Financing Team Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Information only Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated 4iiipie Total Project Budget City Share Total Project SUMMARY OF ACTION: The Finance Division recently concluded a Request For Proposal (RFP)process in accordance with the City's Financial Management Policies. The RFP purpose was to select a Financing Team that the City will work with for negotiated bond sales and competitive bond sales. This action reports on the results of that process and announces the names of the firms selected by the interview teams. The results for negotiated bond sales are: Underwriter—Seattle Northwest Securities; Financial Advisor—Piper Jaffray; Bond Counsel—Preston Gates& Ellis. For competitive bond sales the results are: Financial Advisor—Seattle Northwest Securities; and Bond Counsel—Preston Gates & Ellis. STAFF RECOMMENDATION: Information only H:\FINANCE\ADMINSUP\Ol_AgendaBills\RFP Results for Financing team.doc �f O� FINANCE AND INFORMATION SERVICES 'te. ♦ �� , DEPARTMENT Arc— MEMORANDUM DATE: October 30, 2006 TO: Randy Conran, Council President Members of the Renton City Council VIA: Y Kathy Keolker, Mayor FROM: Mike Bailey, Administrator V\ SUBJECT: Results of RFP Process for Financing Team The revised Financial Management Policies adopted by the City Council on September 25, 2006. The section labeled: "Policy on Debt Issuance and Management" paragraph 10 a indicates that a Request For Proposal (RFP)process shall be used to select the City's financial advisor/underwriter and bond counsel. An RFP was issued for this purpose earlier this year. Notice of the RFP was provided to known providers who have expressed an interest in the City's business,the current providers, and also published in the official newspaper of the City. We received several responses as follows: Financial Advisor/Underwriter— A. Dashen/Susan Musselman Bank of America D. A. Davidson Piper Jaffray Northwest Securities Corporation Bond Counsel Perkins Coie Preston Gates &Ellis Foster Pepper Gottlieb, Fisher&Andrews '4100° H:\FINANCE\ADMINSUP\02_IssuePapers_memos to Council or Mayor\RFP confirmation memo to council.doc Council President Randy Corman Re: Results of RFP Process for Financing Team October 30,2006 Page 2 of 2 Each of the above firms was invited in for follow-up interviews. The interview teams were each led by Linda Parks,Fiscal Services Director, and composed of: Financial Advisor/Underwriter o Alex Pietsch o Gregg Zimmerman o Peter Hahn Bond Counsel o Terry Higashiyama o Marty Wine I did not participate directly in the process as I have worked with most of the firms and/ or individuals who have proposed. Therefore, I thought the process might be more objective if I did not directly participate in the screening and interviews. The results of the interview teams are as follows: Negotiated bond sales Underwriter—Seattle Northwest Securities Financial Advisor—Piper Jaffray Bond Counsel—Preston Gates &Ellis Competitive bond sales Financial Advisor—Seattle Northwest Securities °4,409 Bond Counsel—Preston Gates &Ellis I concur with the recommendations made by the interview teams and believe the City will be served very well by the recommended firms. I sent a letter to all the participants indicating that I would recommend the above teams to the Mayor and City Council. Formal contracts in this profession are not common. When I've asked these firms about a "contract,"they typically respond that they work as needed and completely at our discretion. The rates of compensation are usually discussed and agreed to early on in connection with a pending bond sale or project. The rates are dependent on a successful sale of bonds and typically included in the financing costs. Please let me know if you have any questions. I'm at 425.430.6858. MEB/dlf cc: Jay Covington,Chief Administrative Officer Marty Wine,Assistant Chief Administrator Bonnie Walton,City Clerk Department Administrators h:\finance\adminsup\02_issuepapers_memos to council or mayor\rfp confirmation memo to council.doc r CITY OF RENTON COUNCIL AGENDA BILL 4 I AI#: ' Submitting Data: For Agenda of: 11/6/2006 Dept/I '/Board.. ':, Hearin aminer Staff Contact Fred J •"ufman, ext. 6515 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Cherie Lane II Preliminary Plat Ordinance File No. LUA-05-147, ECF, PP Resolution Old Business Exhibits: New Business Hearing Examiner's Report and Recommendation Study Sessions Legal Description and Vicinity Map Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted Revenue Generated Total Project.Budget City Share Total Project SUMMARY OF ACTION: The hearing was held on September 5, 2006. The Hearing Examiner's Report and Recommendation on the Cherie Lane II Preliminary Plat was published on September 18, 2006. The appeal period ended on October 2, 2006. No appeals were filed. The Examiner recommends approval of the proposed preliminary plat subject to the conditions outlined on page 7 of the Examiner's Report and Recommendation. Conditions placed on this project are to be met at later stages of the platting process. STAFF RECOMMENDATION: Approve the Cherie Lane II Preliminary Plat with conditions as outlined in the Examiner's Report and Recommendation. Rentonnet/agnbill/ bh J September 18, 2006 ,,Imr, OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: Brant A. Schweikl Schweikl&Assoc(Amberwood LLC) 1945 S 375th Street Federal Way, WA 98003 CONTACT: Brant A. Schweikl Cherie Lane Preliminary Plat File No.: LUA 05-147, ECF, PP LOCATION: Northwest quadrant of S 34th Place and Wells Ave S SUMMARY OF REQUEST: Approval for a subdivision of two parcels of land totaling 2.84 acres into 6 lots suitable for single-family residential development. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions off, DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on August 29,2006. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the September 5, 2006 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, September 5,2006,at approximately 10:20 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No.2: Vicinity Map application,proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No.3: Boundary and Topographic Survey Exhibit No.4: Tree Inventory Plan Exhibit No.5: Plot Plan Exhibit No.6: Preliminary Grading Plan Cherie Lane Preliminary Plat File No.: LUA-05-147, ECF, PP September 18,2006 Page 2 *41004 Exhibit No.7: Utility Plan Exhibit No. 8: Conceptual Landscape Plan Exhibit No.9: Wetland Enhancement/Mitigation Exhibit No. 10: Zoning Map Concept Plan Exhibit No. 11: Aerial Photograph of Area Exhibit No. 12: New Wetland Mitigation Plan Exhibit No. 13: New Proposed Planting Plan Exhibit No. 14: Service Plan Provided by Soos Creek Water and Sewer District Exhibit No. 15: Revised Recommendations b Staff The hearing opened with a presentation of the staff report by Elizabeth Higgins, Senior Planner, Development Services, City of Renton, 1055 S Grady Way,Renton,Washington 98055. There was a correction to the staff report,as of August 2006 the owner of the property is Amberwood LLC. The project is 2.84 acres which was originally submitted for a short plat and during the initial review it was determined that the number of tracts were too many and so it was moved up to the preliminary plat level and submitted as such. Originally there were nine lots, seven that fronted directly on S 34th Place and two other residential lots proposed to be accessed from an access easement off S 34th Place and crossing S 34th Street,an undeveloped right-of-way. There are wetlands on each side plus a stormwater tract. Currently, the plan is for 6 residential lots fronting off S 34th Place, one stormwater tract, a public right-of-way off S 34th Street, which is to remain undeveloped,and then a Native Growth Protection Area north of the public ''NS right-of-way. With these changes, it is now back to a Short Plat. The recommendations were changed and so were read into the record: 1. The applicant shall submit a Final Wetland Mitigation Plan to demonstrate how the approved buffer averaging would be mitigated in areas abutting the wetland buffers. This Final Wetland Mitigation Plan shall include a restoration plan for the new waterline construction area. A monitoring program shall be required as required by Renton Municipal Code. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording the Final Plat. 2. Permanent buffer protection fencing,where wetland buffers abut the residential lots,in the form of a "split-rail"style wood fence shall be installed prior to final inspection. Rear yards of residential property abutting the wetland buffer should not be fenced with sight-obscuring fencing,but rather should utilize the split-rail fence. 3. A revised Conceptual Landscape Plan shall be submitted to the Development Services Project Manager for review and approval prior to Final Plat recording. 4. In order to avoid having the side yard(and possibly a fence)of Lot 6 along the access road of the plat (S. 34th Place)and to reduce curb cuts along Wells Ave S, Lot 6 shall front on and be accessed from S. 34th Place. 5. A Homeowners' Association(HOA)shall be created concurrently with the recording of the Final Plat in order to establish maintenance responsibilities for all shared improvements. The HOA shall be responsible for maintenance of the Native Growth Protection Area(easement),the stormwater detention Cherie Lane Preliminary Plat File No.: LUA-05-147, ECF, PP September 18, 2006 Page 3 41060.1 tract,and any common areas created within the plat. A draft of the document 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. 6. The applicant shall create a Native Growth Protection Easement for the areas identified as Wetland 'A', Wetland 'C', their associated buffer areas,and new buffer areas created to compensate for buffer averaging. 7. The applicant shall pay the appropriate Traffic Mitigation Fee based on$75.00 per each new average daily trip associated with the project prior to the recording of the final plat. 8. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 per new single- family lot prior to the recording of the final plat. 9. The applicant shall pay the appropriate Parks Mitigation Fee based on$530.76 per new single-family lot prior to the recording of the final plat. 10. The applicant shall obtain a revised Certificate of Sewer Availability from the Soos Creek Water& Sewer District indicating connection of side sewers for Lots 1 through 5 to a sewer line located in S. 34th Place and connection of side sewer for Lot 6 to a sewer line located in S. 34th Street. The property is located in south Renton at the intersection of S 34th Place and Wells Avenue South. The Winsper development abutts to the north and Talbot Road S is over a slight distance to the west. The two 'tri✓ parcels of land are divided by the public right-of-way, S 34th Street, this would result in 6 lots. There are two large wetlands on the property as well as the wetland buffers. The parcel is located in the Residential—8 Zone (R-8)and the Comprehensive Plan Designation is Residential—Single Family(RSF). The property is currently vacant. The plan does meet the requirements of the Community Design Element, Environmental Element,Housing and Land Use Elements. The wetlands have been determined to be Category 2 with 50-foot wide buffers required. The applicant has requested buffer averaging and staff has approved this request. Soos Creek Utilities has put sewer lines through the wetlands, a sanitary sewer line and a storm line. The City of Renton is now telling the applicant that a waterline must be run from 34th Place up through one of the wetlands. Reconstruction is a condition of the plat. Staff has asked that the planting plan be revised so all of the buffer averaged areas are included in the planting plan. The proposed short plat meets all the requirements of the Comprehensive Plan Criteria and Policies. There are no utility easements. A final landscape plan will be provided later in the process and will be looked at with the final plat. Two trees are required for each building lot, five feet of landscaping will be required along the public right-of-way, Wells Street and 34th Place. The boundaries are reasonable and the topography is a gentle slope,there are no steep slope issues on this property. The stormwater plan is to utilize a vault in the tract. The vault may be part of the mitigation plan for the buffer 1411'' averaging and will have to be addressed during the final mitigation plan. Soos Creek has provided a letter of availability for sewer service. They will provide service to the lots from the line in S 34th Street,which means that side sewers going through the wetlands and wetland buffers. The applicant,on the other hand,submitted a Cherie Lane Preliminary Plat File No.: LUA-05-147,ECF,PP September 18,2006 Page 4 utility plan showing Lot 6 accessing the line in S 34th Street outside the wetland buffer,but the other lots, 1-5 accessing the new line in S 34th Place. It is necessary to make sure that Soos Creek is in agreement with this plan. Brant Schweikl, 1945 S 375th Street,Federal Way,WA 98003 stated that he is the Civil Engineer for this project. The Stormwater report that was prepared actually addresses the 9-lot version. The vault that is shown is going to decrease in size. The plats located to the east have taken some of the recharge water that was originally reaching the wetlands, and has been piped through the existing S 34th Street right-of-way. That explains some of the reasons why the wetlands have changed. There was no recharge provided from the flows off the existing development. With the reconfiguration,previous Lots 7, 8,and 9 were going to recharge the wetlands A and C. Due to conditions there,the only option is to take stormwater from Lot 6 into Wetland A for recharge. The vault itself will handle the impervious from the 6 lots minus the private access tract,which has been retracted from the final design. The sewers in S 34th Street are deep enough to service all the lots that was the original design. The City agreed with the design and no further development was required along S 34th Street. The initial intent was to stay out of the buffers,however S 34th Place is an accepted public right-of-way,to actually get the utilities into the system it would be necessary to do six open cuts into the pavement,where if service is accessed onto the S 34th Street for sanitary service it would be a re-vegetation of the wetlands. This appears to be the best access. None of the services go into the actual wetland itself,but stay in the buffer area. The old existing Lot 8 will be set aside in a wetland tract. Kayren Kittrick,Development Services stated that the sewers belong to Soos Creek,the City would prefer developing into S 34th Place for ease of maintenance,however, Soos Creek will make the final decision. The additional dedication on 6th is specifically because they are using that frontage that is being used and so additional work needs to be done. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 11:08 am. FINDINGS, CONCLUSIONS &RECOMMENDATION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Brant A. Schweikl for Amberwood LLC, filed a request for a Preliminary Plat. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC),the City's responsible official issued a Determination of Non-Significance-Mitigated(DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. , Cherie Lane Preliminary Plat File No.: LUA-05-147, ECF, PP September 18,2006 Page 5 5. The current proposal is to divide the parcel into six lots and three tracts. Normally, a parcel divided into 9 lots(6 lots and 3 tracts)would be a short plat but the original proposal was to create a plat with more lots and so the application was originally a Preliminary Plat. The number of lots and tracts was reduced so the proposal is now a short plat. 6. The subject site is located northwest of the intersection of South 34th Place and Wells Avenue South. The subject site is divided by the unopened right-of-way of South 34th Street. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family uses,but does not mandate such development without consideration of other policies of the Plan. 8. The subject site is currently zoned R-8 (Single Family-8 dwelling units/acre). 9. The subject site was annexed to the City with the adoption of Ordinance 4476 enacted in October 1994. 10. The subject site is approximately 2.84 acres of 123,708 square feet. The south parcel is approximately 509 feet long(east to west)and 100 feet wide. The north parcel is approximately 409 feet long(east to west)by 185 feet wide. They are separated by the 42-foot right-of-way of S 34th Street. 11. The parcel slopes down from approximately 220 feet in the east to approximately 190 feet in the west. 12. Wetlands exist on both the north parcel and the south parcel. One wetland straddles both parcels and is 'err► located in the eastern third of the parcels. The other wetland is predominantly located on the north parcel but its buffer would extend to the south parcel. The total wetland critical areas are 83,771 square feet. The applicant proposes buffer averaging to create buildable parcels in the south lot. The wetlands,buffers and enhanced buffers would be preserved by a Native Growth Protection Easement. 13. The tree inventory shows that there are 67 significant or protected trees on the site. Their removal will require a replacement of 17 trees meeting code standards. Trees in the wetland and wetland buffer area will be preserved. 14. The applicant will be dividing the subject site into six lot arrayed west to east along the north side of a cul-de-sac roadway, South 34th Place. At the westernmost edge will be a detention Tract for stormwater containment. Proposed Lot 6, at the eastern edge of the plat would be a corner lot and is sized to accommodate a larger streetside side yard. Staff has recommended that Proposed Lot 6 have its front yard facing south to match the remaining lots of the plat. 15. The wetland section that will be preserved in the southern parcel will be located between Proposed Lots 5 and 6. 16. As indicated above, the property is divided by an existing right-of-way that cuts through both wetland areas. Staff noted that this type of arrangement,a street cutting the wetlands would probably not be permitted under ordinary circumstances. The question of utility line location was an issue and whether it should run in this area or along the south in 34th Place. The Soos Creek Water and Sewer District will have to be consulted. Wells Avenue will provide access to and from the site leading to Talbot by east and west connectors north and south of the plat. Akirwv 17. The density for the plat would be 6.54 dwelling units per acre after subtracting sensitive areas(wetland) and roadways. Cherie Lane Preliminary Plat File No.: LUA-05-147, ECF, PP September 18,2006 Page 6 Naoi 18. The subject site is located within the Renton School District. The project is expected to generate approximately 2 or 3 school age children. These students would be spread across the grades and would be assigned on a space available basis. 19. The development will increase traffic approximately 10 trips per unit or approximately 60 trips for the 6 single-family homes. Approximately ten percent of the trips,or approximately 6 additional peak hour trips will be generated in the morning and evening. 20. Stormwater will be detained on a tract located at the western end of the plat. It was noted that no wetland recharge had occurred with some nearby developments. Clean water from this plat should be channeled to the wetlands. 21. As noted, sewer service will be provided by Soos Creek District. They will have to be consulted on how connections to their lines are made. 22. Water will be provided by the City. 23. The proposed plat and its new homes will make demands on the City's roads,parks and emergency services. The City has adopted mitigation fees for transportation improvements, fire services and parks and recreational needs based on an analysis of the needs and costs of providing those services. These fees are traditionally applied to new development to help offset the impacts new homes and residents have on the existing community and the additional demand for services. Ned CONCLUSIONS: 1. The proposed plat,whether a short plat or preliminary plat,appears to serve the public use and interest. The plat will be protecting wetlands found on the site. It will intrude into what should ordinarily be wetland buffer areas but will compensate for those intrusions by enlarging the buffers in other areas. 2. The proposed lots are generally rectangular and all have direct access to a public street. Utility services can be provided to the site by both the City and the Soos Creek District. The applicant will be utilizing buffer averaging to create reasonable building lots. This does mean that homes will be closer to actual wetlands than would normally be considered appropriate but fencing should minimize intrusions into the sensitive wetlands. 3. The plat will provide additional housing opportunities for those seeking detached single-family living. The development of the plat will increase the tax base of the City and help offset some of the general impacts of new homes and residents on the City's infrastructure. 4. The development will increase, specifically increase the demands on the City's parks,roads and emergency services. The applicant shall,therefore, help offset those impacts by providing mitigation that matches the fees established by the City. 5. There is no reason to further damage either the wetlands or their buffers by allowing further utility digging,trenching or other intrusion. All utilities shall be from the south or east. 6. In conclusion, the plat appears reasonable and is approved subject to the conditions outlined below. , ' Cherie Lane Preliminary Plat File No.: LUA-05-147, ECF, PP September 18,2006 Page 7 DECISION: The Short Plat is approved subject to the following conditions: 1. The applicant shall submit a Final Wetland Mitigation Plan to demonstrate how the approved buffer averaging would be mitigated in areas abutting the wetland buffers. This Final Wetland Mitigation Plan shall include a restoration plan for the new waterline construction area. A monitoring program shall be required as required by Renton Municipal Code. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording the Final Plat. 2. Permanent buffer protection fencing, where wetland buffers abut the residential lots, in the form of a "split-rail"style wood fence shall be installed prior to final inspection. Rear yards of residential property abutting the wetland buffer should not be fenced with sight-obscuring fencing,but rather should utilize the split-rail fence. 3. A revised Conceptual Landscape Plan shall be submitted to the Development Services Project Manager for review and approval prior to Final Plat recording. 4. In order to avoid having the side yard(and possibly a fence)of Lot 6 along the access road of the plat (S. 34th Place)and to reduce curb cuts along Wells Ave S, Lot 6 shall front on and be accessed from S. 34th Place. 5. A Homeowners' Association(HOA) shall be created concurrently with the recording of the Final Plat Norse in order to establish maintenance responsibilities for all shared improvements. The HOA shall be responsible for maintenance of the Native Growth Protection Area(easement), the stormwater detention tract,and any common areas created within the plat. A draft of the document 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. 6. The applicant shall create a Native Growth Protection Easement for the areas identified as Wetland 'A', Wetland `C',their associated buffer areas,and new buffer areas created to compensate for buffer averaging. 7. The applicant shall pay the appropriate Traffic Mitigation Fee based on$75.00 per each new average daily trip associated with the project prior to the recording of the final plat. 8. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 per new single- family lot prior to the recording of the final plat. 9. The applicant shall pay the appropriate Parks Mitigation Fee based on$530.76 per new single-family lot prior to the recording of the final plat. 10. The applicant shall obtain a revised Certificate of Sewer Availability from the Soos Creek Water& Sewer District indicating connection of side sewers for Lots 1 through 5 to a sewer line located in S. 34th Place and connection of side sewer for Lot 6 to a sewer line located in S. 34th Street. 11. All utility connections and new lines shall be installed along the south and east roadways adjacent to the lirrre plat. Cherie Lane Preliminary Plat File No.: LUA-05-147,ECF,PP September 18,2006 Page 8 ORDERED THIS 18th day of September 2006. FRED J. KA MAN HEARING EXAMINER TRANSMITTED THIS 18th day of September 2006 to the parties of record: Elizabeth Higgins Kayren Kittrick Brant A. Schweikl 1055 S Grady Way Development Services Division Schweikl&Assoc Renton, WA 98055 City of Renton 1945 S 3751 Street Federal Way,WA 98003 Steve Beck Richard Perteet Amberwood LLC 734 S 32nd Street 4735 NE 4th Street Renton,WA 98055 Renton, WA 98059 TRANSMITTED THIS 18th day of September 2006 to the following: Mayor Kathy Keolker Stan Engler, Fire ,0001 Jay Covington,Chief Administrative Officer Larry Meckling,Building Official Julia Medzegian,Council Liaison Planning Commission Gregg Zimmerman,PBPW Administrator Transportation Division Alex Pietsch, Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts,Development Services Stacy Tucker, Development Services Janet Conklin,Development Services King County Journal Pursuant to Title N,Chapter 8, Section 100(G)of the City's Code, request for reconsideration must be fled in writing on or before 5:00 p.m.,October 2,2006. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact,error in judgment,or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant,and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8,Section 110,which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department,first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,October 2,2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. Project Location: Northwest quadrant of S 34th Place and Wells Ave S z SITE /// /z (1.4 ' y' * Note: "applicant*is the project proponent and applicant for the current land use action. References to future responsibilities of the"applicant"should be interpreted to mean future landowner,developer,or project proponent. Development approvals and conditions of approval are associated with the project/property and not individuals. U3 - 19T23N R5E EL2 • L R -8 /C '=23rd St: --- . =,-. . R-1 :R71 R—8 R-8 R-B: I > R-8 -s 25111- St: =R_ . Wo �. ._ •.R-8 cft< st. : R • - l N . _.R 8 N a --_ -5Y-3{4.:fit H R-1 -Jw Zi. N --- --- :-- --- --- - -- _..32tpd-P1--- Q - :7.71326P1 '- ,' - - .8--- 2 ' so '` :, 32 t. -F 0 — li -- ---- — ----- -- c -- -- N a - — _ -- ----- i34th • --I-. c , - _ yITE l ! zi w R-1 =8 _ __ ;= R-10 a) I- _ -1 . ;)--, ...---., gn - • 4 w -------- fi' 3, / !dk \TIIr:Ti_ , v R-10 ;„__ . . _... . -,tc ,1 c,' A: :j - T. M :i CA J :ii : i : , R-10 A 177th Ave. SE Noid 13 . 31T23NR5E E1/2 0. ZOr NING EXHIBIT --Renton 01c,rev R •imw' 02116/06 30 TZ3N R5E 10 1 Si &hw &Assoth4 plic CHERIE LANE II NOW + &aatandeing I 11 1945 South 375th Sheet Phone: (253)815-1700 Federal Way,Washington 98003 Fax: (253)815-1701 VICINITY MAP bschweikl@comcast.net ?ri: di ° I i . iti • Cv • •t i irwip.__... . I \-- ipp,.. .; ..... 0,fr .........1— ict - . ,--, i \ iiii,... , ..., „, 4. •f:4;1' 4 t. iou . pdt � � � ,,,,. F�_ of • ,I Aam Illt A-�R qV 2MN 'IR. e . . . — . tt F ,,, .�11/►i„,„,..,......imp 5 , , Z. . . . J.... M ill / �I• 'rf Aiif apiVr L I —1144s ._\.. firli11)114' \ refdrzetedf-IP t i otii i., -% ., ,, 1111- ii , . #1 ,„, ,, t _ /,.11 1 i ` ► ' 1 , / ; 0 ,Wok *11 •, 1 •Vk t , l''10. 1 Ilk I Eli" ' -,,, L ` �'f' �, �` 02,�` ' 'ate t Ill iI ,e *.ti. E • f% ir . 4„,„,,.. f . _# ill ._ , , • c�f4111 p _ ;•F.i l', f ' O. i ` ' F Ola tel . [ i 4 r • ( I , . • •. i\ tit ` • f IL t if 1 _ SCALE 1 " = 200' %i"'" 200' 0 100' 200' 400' EXHIBIT 15e5ellimemimmiN� 1 2 DEV LOPMF-NT f;1TY(..F.fi{ . NiNe CITY FILE NO. CHERIE LANE II - PRELIMINARY SHORT PLAT '. • -1101L 2 r ro it �; A PORTION OF THE SW 1/4 , OF SEC. 29, TWP 23N, RGE. SE., W.M. S> `' + � I\ .St '�.1 E •.�_ V1164;2%1..Its 60 S CITY OF RENTON, KING COUNTY, WASHINGTON i''• 4.• 4,%.,, ' •-" I T� S•32ND STREET _ - - . mit, ';' WIN$►IR DIV.1 WIN$PI$DIV.2 }•' ;illi i" ' ^l-$ �~ I I '- WPM If RV DOW 1.-1;r- ',..";,,,If wgtrr.00. 110 I SCALE I" s 40' 1 ,..,:•;.1. " * -..�.-\,....•+ CLAS Arc.r net Of 010110�. 7} -•1 7AM2! 4o.1r.H 24.01 _ 11 0 10 10' .0 ',' •'1 '. �'... . ..1.t , _.1 ' K a +raeADa 4" '1 a•+4N7! I :2:"/ 1 c �` \\\\ \ \\ :t.,,. - •., , ,,Ig•_.. / �- . 4• Onto 97AOI COMAS I w r w \ \ 2Tr�r I w.wrA y, \ X. wl1 .., VICINITY MAP \\ 1 w+\ S. q� . N1s •. iiiY kW MU(moo ' 1 SITE ADDRESS: PROPERTY OWNER r"' 1 4,17.....c., 3.341)4 STREET A MIS PRIM st yk WW2 \\ \ �' I RDIRNI,!AlM020M 1105$ ��000x�sTD:pl01 q_ true 7af 4 'i lM►LArnO1 t6w a nos r -• ` \ w.� \ NENDt11sDN NV ern �� al •1 roma \ -Gulp ulp r I SURVEYOR j .1 w a.A>, r I 1 PARCEL Nos.: ` d Nan ... .6. un 01190010 011101,ATA 1023000140 OACK 0(202i,$ igj WIO711l�1ON ACI VOCAL) »23011nu 14711 Mt 291)4 KAM SUIT.101 NINON / w.. " •.e II i KFUE1VC.!A$CNCTON StOSS EL IS SNOW ata r� { _ AM -.- UMW ENGINEER w I 0104111 p 1010'OM WV r...�. _...-'-t�.aa.-.--�. - i L..._ r��A'<ss -mammal .tG[11.2L11tt l �.:s;�iMP:2 — .� 0122 i....- LEGAL DESCRIPTION eeAMT 1110012E rt. :1 ��^ �'j Z---�!ll7sTf�l4�• E-11 sp111tINt 20 ASSOL1Altz nlc S e gAAl•001 f 111 . - .�.. �.' .. « o,.:��- • !Q "•••••`\..!' I -. 10x]222040 194S S.1701 VW .1 11 --- - /A2A0sm 20106 OVOt OOrlOurf LOT 1 RG/Tp.f RVA-211-MI-fNPI R[C MU NAT.NAS)4MOTOM f00D7 .I II Al� T f. •22213L]7 t0 t►DAI-N 1J0 ft K t r-- ..y PROP. PARCEL AREA Q 141)423 G,39 1 a 1 f • I 6 I V!Or NM 1/4 Of SW 1/4 WA CAS/040 tn11YH Gf➢101t 010 arc !" ' t 2 ( '} et. 14471! I. T. 2.73011.040 711,243 sr !�� RIVES I, - [1172 Ir sw! tat/! �'. r� . 22230011[0 SIMS If OhdSOr 24321 Y ,,,11„ a,• ,,.,,,•q •wI A A 1.24.2 I I 10730047/0 i 3406 h COO= 3,1127 tr a p 1r.9 113tl, i�'(: . ..-. ,I ` 1 LONI, '� TAW A Rti1I7N sr 22L 22c ll 10-tMn TOTAL Nf06C 00 177.H1 u 2.114 AC Z P ltF t�� ` • . I/��t�►�����"•� �J.�'� ---r KO 062222 T O r /2 Of W 110 r pNAI 060.0X0 124.321 sr 7211 AC H OM-/ 12 rt M.try 4 NW 90 01 sr r,I;o��.�.. ,,.. a,�- ., U.S.�_ '•'� ,' ! 1/4 UM un no 012201. = _ _ 2prw 4. _. _..__----- -`� . - -t -- I . DENSITY ~ n V IV.s•17.121 --- .I - _ •.��; �':. - ORIGIN OF EXPORT eiIt gkI! .-. -LOS .• 0/9 1 MAXIMUM COOL MAT' -2 O MA NO 430615/ALM Ma U 1r.i 1111$ [OLIN AIQAO4 •11(9.0;0 AAt1••A• Mt 060.221 PROMO TO 1ALAMOt Cur AMO 06M2XD 0[NATY -003 DRLUNO 1PNi!Ault�' • A7.A7a1! - ' OUAMn}�[•iMtOfTMtfill /lV[ IAN v , .7., rnu It01.001 G11t71No DICAVAi1011. 1114 W) Y1,1 •�' , IRtlrr ROOT RYA • Of TK S1LICT SIRUCTNUI flu.(1RAM*0 tr. r .M.r'f�A��Aww vA�".'.'«"'.."S"�` .... rA 1 V IY.01•1.1121,LOC ' P O[1G11tM. CRuf11[0 tAIMACINO SAYA AMO WORK AREA Pt1Aw Arlo/ S A i vt 41Ruwu KT 0 K 0(01MCD RTAL 44321 tfy .w O/1 ,CCOMr6 tAw�';�"z `' 01.,0101 ( *Ru 100MSATLUCt0N1 'A "rrM''1' 0ACn2arAa I "f"n" PRELIMINARY 11 " X77/ I EARTHWORK QUANTITIES Auw .• rim ��� I{ q27 I LE: 11 4* 660 0613 OM of I x012 Cr 3201 104 \ Pr MOR UMC nry�y 2 amt•IN.A•41w7 Al 7':.. I 1321 c7 2472 TOO 0101 frocir r- - aAtsIQS7119Q'f t, i I• I C«w• 1A2 • � �" r EXHIBIT ' 717, , 04.., «.r .. • 001, �:7-1"..- -*--_.-.- --1-•• Al•• '< I I CALL 48 HOURS .w M•� 432«20°2 BEFORE YOU DIG 206„M„ 1 SITE PLAN1-80,0-424-5556 G-1 1 SCAM 1'•Me - 91 •lM..,. , 2. ENVIRONMENTAL REVIEW v - Pursuant to the City of Renton's Environmental Ordinance and SEPA(RCW 43.21 C, 1971 as amended), on August 7, 2006, the Environmental Review Committee issued a Determination of Non-Significance-Mitigated(DNS-M)for the Cherie Lane II Preliminary plat. The DNS-M included four mitigation measures. A 14-day appeal period commenced on August 14, 2006, and ended on August 28, 2006. No appeals were filed. 3. COMPLIANCE WITH ERC MITIGATION MEASURES Based on an analysis of the probable impacts from the proposal, the Environmental Review Committee(ERC) issued the following mitigation measures with the Determination of Non- Significance—Mitigated(DNS-M): 1. The applicant shall comply with the recommendations included in the geotechnical report, "Report-Preliminary Geotechnical Engineering Services Cherie Lane II Residential Development," by Icicle Creek Engineers, dated July 22, 2005. 2. The applicant will be required to submit a wetland enhancement and restoration plan as mitigation for wetland buffer compensation. Such plan must be approved prior to recording of the final plat. 3. The project shall comply with the 2005 King County Surface Water Design Manual for both detention (Conservation Flow Control—Level 2)and water quality facilities. 4. The applicant shall be required to plant a minimum of seventeen(17)trees (not including trees required for front setback landscaping, street trees, and trees planted as part of the wetland buffer compensation)as mitigation for trees removed from the site for development. The Talon Group a Division of First American Title Insurance Co. Commitment No.: 695157 Exhibit"A" Real property in the County of King, State of Washington, described as follows: Parcel A: Lot 8 of City of Renton Short Plat No. LUA-98-026, according to the Short Plat recorded under King County Recording No.9812289012, said Short Plat being the North 330 feet of the South half of the Northwest Quarter of the Southwest Quarter, Records of King County, Washington; Except the East 660 feet; All in Section 29,Township 23 North, Range 5 East, W.M. Situate in the City of Renton, County of King, State of Washington. Parcel B: Tract A of City of Renton Short Plat No. LUA-98-026,according to the Short Plat recorded under King County Recording No.9812289012,said Short Plat being the North 330 feet of the South half of the Northwest Quarter of the Southwest Quarter, Records of King County, Washington; Except the East 660 feet; All in Section 29,Township 23 North, Range 5 East, W.M. Nrid Situate in the City of Renton, County of King, State of Washington. Tax Parcel Number: 292305-9040-08 and 292305-9188-00 Form No.1068-2 Page 3 of 10 ALTA Plain Language Commitment CITY OF RENTON COUNCIL AGENDA BILL I AI#: 7F S Submitting Data: For Agenda of: • Dept/Div/Board.. Community Services/Human November 6, 2006 Services Staff Contact Karen Bergsvik, ext. 6652 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. One Night Count of the Homeless Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Refer to Community Services Committee Legal Dept (for briefing only) Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The One Night Count is a snapshot of homelessness in Seattle and King County. It documents trends in our community over time and consists of two parts: • An unsheltered or "street" count. This is an actual count of people living in parks, rights of ways, cars, and other locations that were previously identified. • A survey of emergency shelter and transitional housing programs in Seattle/King County. It is intended to foster an understanding of the patterns of survival for the homeless. The report " A Roof Over Every Bed in King County: Our Community's Ten Year Plan to End Homelessness" recommends that suburban cities participate. In 2002, eight organizations, coalitions, and local governments came together to form the Committee To End Homelessness in King County. That committee wrote The Ten Year Plan. The plan seeks to end homelessness and not just manage it. Seattle, Kent, White Center, Shoreline, Bothell, Kenmore, Redmond, Bellevue, Kirkland, and Federal Way all currently participate in the One Night Count. Renton will be participating for the first time in January 2007. This is a community wide effort in Renton. Vision House, which provides transitional housing for women and children in Renton, will coordinate. City funds will be not used for this activity. STAFF RECOMMENDATION: Refer to Community Services Committee for a briefmg. Rentonnet/agnbill/ bh �Y & �� COMMUNITY SERVICES DEPARTMENT ��N�o� MEMORANDUM low DATE: October 30, 2006 TO: Randy Corman, Council President Renton City Councilmembers VIA: , Kathy Keolker, Mayor` FROM: Terry Higashiyam i Community Services Administrator STAFF CONTACT: Karen Bergsvik, Human Services Manager, x6652145 SUBJECT: One Night Count for the Homeless ISSUE: Understanding and counting the homeless population at a given point in time, so that effective solutions can be designed and implemented. BACKGROUND: • The 2006 One Night Count Report concluded that there were 5,964 homeless people accessing emergency shelter or transitional housing programs in King County. An additional 1,946 men, women, and children were seen surviving without shelter in the areas of the County covered by the count. Noir • The One Night Count Program started in 1980 in Seattle by Operation Nightwatch and the Seattle King County Coalition on Homelessness. Currently the cities of Seattle, Kent, White Center, Shoreline, Bothell, Kenmore, Redmond, Bellevue, Kirkland, and Federal Way participate. The Coalition plans to continue expanding the number of cities that participate in order to provide a more complete depiction of homelessness in King County. • In 2006 the date changed from October to January. This was done to conform to the Federal Standards of Practice. • Collecting good baseline data is essential in understanding the causes of homelessness and to design effective responses, and can be used as a basis for comparison in future years. Moreover, continued data collection at regular intervals is needed to track progress toward reducing homelessness. The count consists of two parts: - An unsheltered or street count. This is an actual count of people living in parks, rights of ways, cars, and other locations. - A survey of emergency shelter and transitional housing programs in Seattle/King County. This survey produces unduplicated data on people utilizing homeless services at a given point in time. • In 2002, A Roof Over Every Bed in King County, Our Community's Ten Year Plan to End Homelessness was written. It lays out a series of specific strategies and actions, with goals and measurable outcomes, for local leaders and their organizations to pursue over the next year. The plan focuses on three areas: Now preventing homelessness, moving people rapidly from homelessness to housing, and building the public and political will to end homelessness. H:\HUMAN_SE\COUNCIL\06 Issue papers\agendapaperhomelesscountgg doc Randy Corman,Council President Page 2 of 3 October 30,2006 • The City financially supports the following programs that are aimed at preventing homelessness, and providing emergency and transitional housing to homeless families. Agency Program Purpose 2006 Recommended 2007 funding Catholic Community Emergency Homelessness $10,000 $10,000 Services Assistance Prevention The Salvation Army Water bill Homelessness $18,500 $18,500 assistance Prevention Area of Renton Emergency Rotating $40,000 Interfaith Shelter shelter in Shelter for 30 Endeavor Renton homeless (A.R.I.S.E.)/Catholic men. Community Services Domestic Abuse Transitional Confidential $7,910 $14,000 Women's Network Housing for shelter with (DAWN) domestic 25 beds; violence victims seven units in in South King extended stay County MultiService Center Emergency& Has 15 $2,000 $5,000 Transitional emergency Housing for units(one- Homeless three months); Families with Has 36 units children under in transitional the age of 18 in (maximum South King stay 24 County months) Way Back Inn Transitional Has 11 units, $12,500 $15,000 Housing for four units in Homeless Renton. Stay Families with is up to 90 one child under days. age of 14; in Renton and South King County YWCA Emergency Has 14 units, $5,000 $7,560 Housing for 4 in Renton. Homeless Stay is up to Families in 90 days. Renton& South King County 4.0101 Randy Corman,Council President Page 3 of 3 October 30,2006 ‘'""' • There are other housing resources in Renton for homeless families that the City does not monetarily support. These include: - Vision House, transitional housing for mothers and children, 15 units - Renton Housing Authority, transitional housing, 10 units - Catholic Community Services, transitional housing for families, 24 units • The One Night Count is a community effort. Vision House will be the lead agency in Renton, and will work collaboratively with programs such as: Renton Ecumenical Association of Churches (R.E.A.C.H.), A.R.I.S.E, and the Y.W.C.A. • Role of City staff is to primarily identify"hot spots"where homeless might be living. Staff will also provide maps for the teams of volunteers, and a City facility may be used as the gathering place the night of the count. LONG-TERM RESPONSE: • The City of Renton Human Services Advisory Committee is looking at the issue of homelessness in late 2006, and will be making a recommendation about the Ten-Year Plan to the City Council. CONCLUSION: • One Night Count will be held January 25, 2007. Attachments c: Jay Covington,Chief Administrative Officer '�Irr' • CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: For Agenda of: November 6, 2006 Dept/Div/Board.. City Attorney's office Staff Contact Ann Nielsen Agenda Status Consent X Subject: Public Hearing.. Amendment to City Code to allow pawnbrokers to Correspondence.. submit electronic records of their daily transactions Ordinance X directly to the police department, without the necessity Resolution of providing paper records. Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: None Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: State law requires pawnbrokers' daily transaction records to be provided to each city's police department, in the form "as may be required by the chief of police." The Renton Municipal Code requires that data to be provided in written form, and the police department currently receives the reports in both written and electronic format. However, the police department relies on and uses the electronic format, and the paper copy is simply retained in storage. This ordinance, amending RMC 6-17-3, will allow pawnbrokers to transfer their transaction data electronically only, which will allow for easier searches of data and less unnecessary paperwork. STAFF RECOMMENDATION: Approve electronic submission of pawnbroker records and present the ordinance for first reading at the next Council meeting. Rentonnet/agnbiW bh .kf Y O POLICE DEPARTMENT e. • I+ %ar '� MEMORANDUM DATE: October 24, 2006 TO: Council President Randy Corman Members of the Renton City Council VIA: Mayor Kathy Keolker FROM: Kevin Milosevich, Chief of Police STAFF CONTACT: Kent Curry, Commander SUBJECT: Revisions to Pawnbroker Ordinance ISSUE: The City of Renton Municipal Code 6-17-3 specifies, amongst other things, that pawnbrokers must report transactions to the Chief of Police"on blank form, to be furnished by the Police Department." This 'hard copy' requirement eliminates computer based search capabilities. BACKGROUND: Pawnbrokers within this city have provided information on pawn transactions to the Police Department in written form since being required by law. The Revised Code of Washington(R.C.W. 19.60.040) states that, "These transactions shall be recorded on such forms as may be provided and in such format as may be required by the chief of police...This information may be transmitted to the applicable law enforcement agency electronically, by facsimile transmission or by modem or similar device....subject to the requirements of, and approval by, the chief of police....". The R.C.W. has allowances for computer transfers of data. Currently, however, Renton Municipal Code 6-17-3 calls specifically for information to be provided to the police department "on blank form" which would be a 'hard copy' medium. It has been a goal of this department to move towards electronic data transfers of information, which then might allow for easier searches of data. Currently we are moving to a WINDOWS based computer records platform and the issue of Pawnbroker reporting has been an element this department is trying to incorporate into that platform. The current version of R.M.C. 6-17-3 restricts our ability to explore this avenue with its wording"on blank form" (depending on what the definition of the word "form" is). RECOMMENDATION: The City of Renton Council concurs with the recommendation of Aliso City Administration that the phraseology in the R.M.C. be modified to allow for the use of computer transfer of data. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 6-17-3 OF CHAPTER 17, PAWNBROKERS, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY CLARIFYING THE TRANSMISSION REQUIREMENTS OF THE PAWNBROKER'S DAILY RECORD OF TRANSACTIONS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L Section 6-17-3 of Chapter 17,Pawnbrokers, of Title VI(Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended to read as follows: 6-17-3 TRANSCRIPT OF RECORD: A. Every pawnbroker, before twelve o'clock(12:00)noon, of every business day, shall furnish to the chief of police, a full, true, and correct transcript of the record of all transactions conducted on the preceding day. These transactions shall be recorded on such forms as may be provided and in such format as may be required by the chief of police or the county's chief law enforcement officer. This information may be transmitted to the applicable law enforcement agency electronically, by facsimile transmission, or by modem or similar device, or by delivery of computer disk subject to the requirements of, and approval by, the chief of police or the county's chief law enforcement officer. B. Any pawnbroker having good cause to believe any property in his possession has been previously lost or stolen, shall promptly report such fact to the chief of police, together with 1 ORDINANCE NO. the name of the owner, if known, and the date of and name of the person from whom the same 41110r was received by such pawnbroker. C. Every pawnbroker and every clerk, agent or employee of such pawnbroker who shall fail, neglect or refuse to make such report, or shall report any material matter falsely to the Chief of Police, shall be guilty of a misdemeanor, punishable pursuant to RMC 1-3-1. SECTION IL This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1288:9/26/06:ma 2 r CITY OF RENTON COUNCIL AGENDA BILL AI#: 7 , a, Submitting Data: For Agenda of: November 6, 2006 Dept/Div/Board.. AJLS/Court Staff Contact Joe McGuire, Court Services Agenda Status Administrator, x6531 Consent X Subject: Public Hearing.. Contract for court security screening services Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Draft Contract Information Draft Post Orders Recommended Action: Approvals: Legal Dept X Council concur Finance Dept Risk Management.. X IFiscal Impact: Expenditure Required... $59,112kiwi Transfer/Amendment Amount Budgeted $59,112 Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The proposed contract contains post orders and general terms for the City of Renton to contract with Olympic Security Services, Inc. to provide security screening services at court facilities on the 3rd floor of City Hall. This one-year contract assumes that all staff and visitors that wish to enter the courtrooms or clerk of the court offices will be screened for weapons. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into a contract with Olympic Security Services, Inc. for court security screening services at City Hall. iliiiire Rentonnetlagnbill/ bh ti°- O ADMINISTRATIVE, JUDICIAL, AND vlse acm, , LEGAL SERVICES DEPARTMENT • MEMORANDUM DATE: October 30, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: -14,1/r Joe McGuire, Court Services Director STAFF CONTACT: Joe McGuire (x6531) SUBJECT: Court Security Services Contract ISSUE Should the City of Renton enter into a contract with Olympic Security Services to provide weapons screening at the entrances to courtrooms and court offices? BACKGROUND loury The Renton City Council recognized the need for court security and appropriated funding during the 2006 budget process to remodel the third floor to regulate and reconfigure foot traffic, hire a qualified security company to perform weapons screening for those entering the Court, Electronic Home Detention and Probation areas. During 2006, the Facilities Division of Community Services department contracted for and carried out the construction project to remodel the circulation on the third floor of City Hall to accommodate screening devices. This remodeling is virtually complete, and equipment will be installed the week of October 30. The Court, in partnership with the Police Department and City Attorney's office, conducted a request for proposals for security services. The security contractor Olympic Security Services, Inc. with offices in Tukwila, Washington, has been selected as the lowest-cost, most-qualified bidder using this competitive bidding process. A contract that can be managed within the allocated budget has been drafted and negotiated. The contract has been reviewed and approved by the City attorney for approval as to form. A copy of the contract and associated post orders, which give direction to security staff, are attached. The insurance section has been reviewed and approved by Mike Webby, Administrator of Human Resources and Risk Management. RECOMMENDATION '"" Staff recommends that the Mayor and City Clerk be authorized to execute the contract. CONTRACT FOR SECURITY GUARD SERVICES THIS AGREEMENT made and entered into this day of 2006 by and between The City of Renton, State of Washington, having offices for the transaction of business at 1055 South Grady way Renton, Washington, hereinafter referred to as the "City," and Olympic Security Services, Inc., having offices for the transaction of business at 631 Strander Blvd. Suite A, Seattle, Washington 98188, hereinafter referred to as the "Contractor," jointly, hereinafter referred to along with the City as the"Parties." WITNESSESTH: Whereas, the City of Renton pursuant to the provisions of the Revised Code of Washington Section 35A11 has the care of City property and the management of City funds and business; and Whereas, RCW 9.41.300(1)(b) prohibits weapons in court areas and Renton Municipal Court desires to prohibit weapons in the court area; and Whereas, the most efficient and successful means of preventing weapons in the court area is by scanning a monitoring; and Whereas, the Renton Municipal Court did a Request for Proposals for Court Security Services; and Whereas, Olympic Security Services, Inc. was the lowest responsible bidder responding to the `'' Request for Proposal for Court Security Services; and, Whereas, Renton Municipal Court gives notice of intent to negotiate with Olympic Security for the provision of security services, Now, therefore, for and in consideration of the mutual promises set forth herein, the Parties hereto do mutually agree as follows: SECTION I: SCOPE OF WORK AND SERVICES The Contractor shall provide the following work and services: A. SCREENING STATION PERSONNEL 1. JOB DESCRIPTION: a. To monitor the entrances of specified buildings and courtrooms during assigned hours. b. To direct the public through the screening area. c. To monitor the public and watch for any potential disturbances. d. If a person sets off the alarm and refuses to be searched and/or continues to move toward the court, screening station personnel will immediately call 911 and notify the court clerk's office. Screening station personnel will not detain, or attempt to apprehend this individual. At the direction from the Court Services Director or designee, the screening station personnel will assist as requested. CONTRACT FOR SCREENING STATION GUARD SERVICES 1 e. Screening station personnel will become familiar with Renton City Hall and be able to give directions to the public. f. Screening station personnel will provide their own relief for breaks and there will be at least one (1) screening station officer at the monitoring station at all times. g. Screening station personnel will be trained in and be able to follow the City Hall Emergency Operations Guide. h. Screening station personnel will follow the post orders for Renton Municipal Court. 2. QUALIFICATIONS REQUIRED FOR SCREENING STATION POSITIONS: a. Have good public relations skills. b. Possess report writing skills to produce clear legible reports. c. Have the ability to recognize situations/individuals who may pose a threat to the public. d. Have good communications skills. Spanish as a second language is desirable. e. Ability to handle situations/individuals under stressful conditions. f. Ability to follow directions, without hesitation, under stressful conditions. 3. EDUCATION AND EXPERIENCE Security Guard must possess a high school education or equivalency, and have one (1) year of experience demonstrating: a. the ability to meet and deal with the general public preferably in security situations; b. the ability to read, understand and apply printed rules, detailed orders, instructions, and training materials; c. the ability to maintain poise and self-control under stress; d. the ability to write clear and concise reports. 4. TRAINING The Contractor shall train screening station personnel in the following security areas before assigning those personnel to this project: Required Minimum Training Bomb procedure/building evacuation Radio procedure Report writing Screening equipment training Sexual Harassment Awareness Training CPR/First Aid Card Contractor shall provide documentation of completion of training for each individual before assigning those personnel to this project. 5. HEALTH AND PHYSICAL FITNESS REQUIREMENTS The contractor shall ensure that all employees assigned are in good general health without physical defects or abnormalities that would interfere with the performance of his/her duties. 6. APPEARANCE The court desires a favorable image and considers it to be a major asset of a security guard service. Contractor's employees' appearance, attitude, courtesy, and job CONTRACT FOR SCREENING STATION GUARD SERVICES 2 knowledge are influential in creating a favorable image. No smoking, reading unauthorized material, eating, chewing of gum, tobacco or grooming shall be permitted while Security Officers are in public view. No personal phone calls will be permittede'or except in an emergency. 7. TYPICAL DUTIES a. Entrance Control Post (stationary guard): Monitor metal detector, hand wand persons who set off metal detector alarm or those unable to pass through metal detector. Perform package inspection and log all incoming packages (UPS, deliveries, etc. being brought into the court area.) b. While on duty at the court and while roving City Hall, observe building occupants for compliance with rules and regulations. c. Lost and Found: Receive and turn in lost articles to the Court Office. d. Law and Order: Summon 911 support when necessary. e. Unauthorized Access: Discover persons attempting to gain unauthorized access to Court area. f. Hazardous Conditions: Report daily potentially hazardous conditions and items in need of repair, including inoperative lights or slippery floor surfaces, etc. g. Injury or Illness: Obtain professional assistance in accordance with procedures in the event of injury or illness to employees or others while in the building or on the grounds. h. Additional Duties: Open and secure doors and gates in the work area. i. Reports and Records: Prepare required reports on accidents, fires, bomb threats, unusual incidents and unlawful acts and provide to the Court Services director. j. Civil Disturbances: At the direction of the Court Services Director, perform such other functions as may be necessary in the event of situations or occurrences such as civil disturbances, or other criminal acts adversely affecting the security or safety of the City Government, its employees and the general public lawfully in buildings or on the grounds under the control of the City of Renton. k. Emergencies: Respond to building emergencies in accordance with established procedures as outlined in the City Hall Emergency Operations Guide. 8. BUILDING ACCESS: a. Monitor perimeter doors security access system, reporting equipment failures as necessary. b. Admit delivery/repair personnel when directed to do so by the Court Services Director or designee. 9. UNIFORMS Security Personnel shall wear the uniform of the security guard contractor at all times when on duty. Uniforms shall include a badge or other insignia designating the person as a security officer and will be subject to approval by the City. 10. ARREST/DETAINMENT The City of Renton prohibits the use of arrest powers by non-commissioned screening station personnel. When necessary, the proper police authority shall be summoned. No force shall be used by non-commissioned screening station personnel except that absolutely necessary for self-defense. Non-Commissioned screening station personnel shall always be cooperative with law enforcement and/or authorized emergency CONTRACT FOR SCREENING STATION GUARD SERVICES 3 personnel. Non-Commissioned Screening station personnel powers of arrest are no greater than that of a private citizen. Contractor shall assume full liability for any of their Imo non-commissioned employees in the exercise of any police authority. 11. WEAPONS/USE OF FORCE* The use of weapons and/or force by non-commissioned screening station personnel assigned to any City site is strictly prohibited. Prohibited weapons shall be defined as, but not limited to; firearms of any type, mace, batons, bludgeons, knives, saps, sand- gloves, c-spray, martial arts weapons, tasers, brass knuckles, and steel or aluminum pipes(including "Kel Lites"). Possession of weapons by non-commissioned screening station personnel on the site shall be grounds for immediate and permanent removal of the employee from the site. Repeated offenses may be grounds for contract termination. The use of force by non- commissioned screening station personnel beyond that necessary for self-defense' shall also be grounds for immediate, permanent removal of the employee. Contractor shall assume full liability for any use of force by their employee and any other activities not within the best interests of the City. B. GENERAL PROVISIONS 1. CONTRACT SUPERVISION Account Manager: The contractor shall provide in writing the name, telephone number *§0100, and address of the Account Manager or equivalent to the Court Services Director within seven (7) working days after award of the contract. Said document is hereby incorporated by this reference. The term "Account Manager" means a person designated in writing by the contractor who has complete authority to act for the contractor during the term of the contract. Uniformed employees who are assigned regular guard duty shall not perform the duties of the Account Manager. The Account Manager shall have the authority to accept notices of deductions, inspection reports, and all other correspondence on behalf of the contractor. In addition, this person will have the authority to act for the contractor on a day-to-day basis at the work site. The contractor shall have sole responsibility to ensure employees: a. Are properly trained to perform all duties as specified in accordance with this contract. b. Are properly uniformed and present a neat appearance. c. Maintain a continued state of proper training. d. Possess the necessary permits, authority, etc. 2. SUPERVISION a. Schedule monthly staffing assignments for the Renton Municipal Court security. b. Schedule and record sick leave, vacation, floating holidays, and training. c. Maintain records as needed or required by the court. yam, *Guards shall have normal concern for their own physical safety and shall take reasonable precautions not to place themselves in situations which would encourage violence or abuse against either them or other persons in the area. CONTRACT FOR SCREENING STATION GUARD SERVICES 4 d. Meet and work with the Court Services Director and Renton Police Department on high profile cases and also coordinate security with the department. e. Conduct uniform and equipment inspections on security personnel. f. Work with the Renton Police Department and/or other personnel to maintain a harmonious working relationship. g. Work with the Renton Police Department on specific crowd control plans. 3. CONTRACTOR START UP REVIEW Immediately after award of this contract and prior to performance, the Contractor's representative and the Court Services Director shall make an on-site in-depth review of the total job requirements to include but not be limited to the following: a. The general type of work performed by the third floor occupants and concerns particular to the Court. b. Guard assignments including specific shift hours. c. Floor plans and area maps of the City Hall and Court area which depict emergency evacuation routes, the location and type of each fire alarm and special instruction pertaining to security controls. d. Details of the company training program and how the company will provide proof of training for all new guards. e. Policy and specific procedures for responding to emergency alarms, bomb threats, or suspected incendiary devices in the particular facility being protected. f. Required reports, logs and forms. 4. WORK SCHEDULING PROCEDURES The criteria for establishing work schedules and the requirements for relieving security guards, relief periods and for starting and stopping work are contained in the post orders. In addition: a. The duties of guard posts require that a guard not leave the assigned post until properly relieved. b. All guards shall be in uniform and ready to begin work promptly at the start of their shift and shall remain on the job and in full uniform until the end of their full tour of duty. c. Lunch and breaks shall be taken while on duty, in designated areas on the premises. 5. PERMITS AND LICENSES The Contractor shall be responsible for all licenses and permits and shall pay for them and shall furnish copies to the Court. (WAC 308.18) 6. CALL LIST Contractor shall be provided with a list of City employees, including the Renton Police Department, to be called in the event of an emergency. Contractor shall provide to the Court Services Director a list of emergency numbers which shall include, but not be limited to (1) A 24-hour business telephone number. (2) Off-site Lead/Relief person's home telephone number. (3) On-Site Lead/Relief person's home telephone number. (4) Guard service business number for an area supervisor. CONTRACT FOR SCREENING STATION GUARD SERVICES 5 It shall be the responsibility of Contractor to notify the Court Services Director immediately of any changes in personnel, and to confirm that the list provided is current *m✓ on a monthly basis. 7. IDENTIFICATION Guards are required to carry an identification badge to be issued by the Contractor that is clearly visible on their person when on duty. Any expense incurred for badges, throughout the term of the contract, shall be borne by Contractor. 8. ROUTINE CHANGE IN SERVICE (ONE OR TWO PEOPLE) Should there be a change in Court's requirement for security guard service, Contractor will adjust the number of personnel when required. The Court will make a reasonable attempt to give the Contractor at least twenty-four (24) hours written or verbal notice whenever there is to be an increase or decrease in personnel. There will be times, however, when an immediate staffing adjustment is necessary. Any change in personnel will not affect the quoted per-hour rate to be paid for the service provided. 9. EMERGENCY GUARD SERVICE The Renton Municipal Court reserves the right to require additional Guards on the site within a minimum amount of time (i.e. without 24 hours notice to Contractor) and Contractor shall be able to supply at least two (2) Guards under such conditions. 10. CRIMINAL ACTION Contractor employees may be subject to criminal actions as allowed by law in certain rrr circumstances. These circumstances include, but are not limited to; falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission, from official documents or records, and unauthorized use of government property, theft, vandalism, or immoral conduct. 11. DISQUALIFICATION OF GUARD PERSONNEL Conviction of a crime involving moral turpitude will be reason for disqualification of said convicted individual as to initial and subsequent placement by contractor in any work performed under this Contract. The arrest for and/or conviction of any crime by a guard or the Contractor may be cause for disqualification as to initial and subsequent placement of guard personnel by Contractor in any work performed under this Contract, at the discretion of the Court. The Court Services Director or designee reserves the right to notify Contractor to remove any security personnel from duty and to have them replaced when a Guard's continued employment is deemed by the Court Services Director or designee to be contrary to the public interest or inconsistent with the best interests of the Court. 12. PERFORMANCE EVALUATION MEETINGS Contractor's representative shall meet with the Court Services Director weekly during the first 2 months of the contract. Thereafter, meetings will be as often as necessary at the discretion of the Court's representative, but not less than bi-monthly. A mutual effort will be made to resolve all problems identified. Written minutes of these meetings must be CONTRACT FOR SCREENING STATION GUARD SERVICES 6 prepared by Contractor, who must obtain approval by written signature of the Court's representative. ,4011 13. PERSONNEL/SECURITY CLEARANCE Upon award of the proposal, Contractor shall immediately provide to the Court's representative a list of prospective Guards and Supervisors to be assigned to the Court. That list shall include at a minimum all of the following information on each prospective employee: a. Full, legal name, and any aliases; b. Date of Birth; c. Washington Drivers License Number; d. Current address(residence); e. Physical description; f. One current color photograph (at least 2"x 3"full face front, head and shoulders only); g. Copy of the permanent (not temporary) individual State Guard License for each prospective guard; h. Department of Motor Vehicles Driving Record; i. Copy of CPR/First Aid Training Card. Contractor shall provide the same information for each of the prospective employees prior to assignment to the Court during the term of the contract. All of the Contractor's employees assigned to the Court shall be subject to a background ,444.01 security investigation prior to receiving written acceptance from the Court Services Director. This investigation shall include, but not be limited to clearance through Renton Police Department using WASIC and/or NCIC record checks by computer. The Court reserves the right to deny acceptance, in writing, of any Guard. 14. ADDITIONAL PROVISIONS Post orders issued by the Court Services Director will clarify day-to-day duties and procedures for Security personnel. The orders are subject to periodic modification as business and security needs dictate. The post orders are hereby incorporated by reference as part of this agreement. Contractor warrants that all security guards shall be licensed, bonded, and uniformed. Contractor shall report directly to the Court Services Director or designee. Contractor shall submit reports with documentation of all incidents that are considered security breaches, incidents, equipment and system failures. Contractor shall provide an itemized billing showing breakdown of charges for each Guard on a monthly basis. Security guards shall check in daily at the location specified by the Court Services Director. CONTRACT FOR SCREENING STATION GUARD SERVICES 7 Contractor shall provide name and resume of each individual assigned to this project and `m'" the individual assigned to backup the primary person in his/her absence to the Court Services Director for security clearance. Contractor hereby acknowledges receipt of the City Hall Emergency Operations Guide and agrees to maintain at all times of operation a copy of said Guide at the Screening Station. C. RADIOS Cell phones or radios operable within City Hall and replacement batteries for them shall be purchased and issued by the Contractor for use by guards. The Contractor shall be liable for the replacement cost of any radios lost or damaged as a result of negligence or misuse by Contractor personnel. SECTION II: TERM This agreement shall commence on the day of 2006 and shall continue for one calendar year thereafter, to terminate on the day of 2007. The Court shall have the option to renew this agreement annually by giving notice in writing to the Contractor of such intent to renew not less than thirty (30) days prior to its termination date. Each renewal shall be for a period of one year, but in no event shall this agreement be renewed more than four (4) times. Renewal shall be subject to acceptance by the Contractor. low Prior to renewal option, the Contractor may request adjustment to the fee schedule established in this original contract. Such fee increase requests must be made in writing to the Court one hundred-twenty (120) days prior to the end of the renewal period. The Court reserves the right to accept or reject requests for fee increases. Any fee increase must be documented to the satisfaction of the Court. SECTION III: COST AND PAYMENTS Screening station personnel shall be charged at a rate of $18.65 per hour. Overtime shall be charged at the above rate. That is $18.65 per hour. For and in consideration of providing the services set forth herein, the City shall pay the Contractor an amount equal to the hourly rates set above multiplied by the number of hours of service provided each month. The Contractor shall not bill for services in excess of those agreed upon pursuant to section number I:A3 under the heading CONTRACTOR START UP REVIEW above. The Contractor shall submit bills on a monthly basis in arrears setting forth the work completed, amount due, and any other information the Court may require. SECTION IV: INSURANCE The Contractor shall provide evidence of an insurance policy or policies that meet all of the terms and conditions listed below in a form that meets city approval prior to the first business day of provision of services under this contract. The insurance policy or policies shall specify *spy the City of Renton, its officers, agents, and employees as additional insureds on all coverages with the coverage being primary and non-contributory to any other coverage CONTRACT FOR SCREENING STATION GUARD SERVICES 8 available to the city. The insurance policy or policies shall provide that they will not be cancelled without 45 days' written notice to the City of Renton. The insurance policy or policies shall provide coverage for a minimum of$1,000,000 (One Million Dollars) per occurrence, with a minimum of$3,000,000 (Three Million Dollars) in the aggregate and no deductible. Insurance shall include as a covered event any and all claims of whatever nature arising from conduct of the contractor or the contractor's agents. Coverage shall include, but not be limited to, completed operations, full personal injury, all forms of harassment, all discrimination, assault and battery, and intentional acts. The type of policy or policies shall be Commercial General Liability and be issued by an insurer that is Washington State Admitted with an A.M. Best Minimum Rating of A- or better. Additional compensation from the City of Renton to the Contractor shall not be provided for insurance policies with coverage that exceeds the above minimum requirements. SECTION V: RELATIONSHIP OF THE PARTIES The parties intend that an independent contractor relationship will be created by this agreement. The City of Renton is interested only in the results achieved, and the conduct and control of all services or work will lie solely with the Contractor. No agent, employee, servant, or otherwise of the Contractor shall be or shall be deemed to be an employee, agent, servant, or otherwise of the City for any purpose, and the employees of the Contractor are not entitled to any of the benefits that the City provides City employees. The contractor shall maintain at its own expense at all times during the term of this contract Worker's Compensation as required by Title 51 of the Revised Code of Washington. The Contractor will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise, during the performance of this agreement. The Contractor shall provide competent personnel necessary to carry out the requirements of this Agreement and shall supervise them in their work and shall pay them for their services at the Contractors sole expense and cost. SECTION VI: NON-DISCRIMINATION The Parties hereto specifically agree that, consistent with Renton Municipal Code 2-7-1, no person shall, on the grounds of race, creed, color, sex, religion, mental disability, age, marital status, sexual orientation or national origin, be excluded from employment rights and participation in, or be denied the benefits of, or otherwise be subject to, discrimination under any program, service, or activity, for which the Contractor has received or will receive payment under the provisions of this Agreement. SECTION VII: MANTENANCE OF RECORDS The Contractor shall make available to the City or the Washington State Auditor, or their duly authorized representatives, at any time during normal operating hours, all records, books, or pertinent information that the Contractor shall have kept in conjunction with this Agreement, and that the City may be required by law to make part of its auditing procedures, an audit trail, or that may be required for the purpose of funding the services contracted for herein. SECTION VIII: COMPLIANCE WITH LAWS The Parties hereto specifically agree to observe all federal, state, and local laws, ordinances, and regulations, to the extent that they may have any bearing on either providing any money CONTRACT FOR SCREENING STATION GUARD SERVICES 9 under the terms of this Agreement or the services actually provided under the terms of the Agreement. SECTION IX: ASSIGNMENT This Agreement is for personal services, and accordingly, the Contractor may not assign, transfer, in whole or in part, its interest in this Agreement without the express written consent of the City. SECTION X: MODIFICATION No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present Agreement. SECTION XI: VENUE STIPULATION This Agreement has and shall be construed as having been made and delivered in the State of Washington and the Laws of Washington State shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted only in courts of competent jurisdiction within King County, Washington. SECTION XII: WAIVER No officer, employee, agent, or otherwise of the City has the power, right, or authority to waive any of the conditions of this Agreement. No waiver of any breath of this Agreement shall be *ow held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of the City to enforce at any time any of the provisions of this Agreement or to require at any time performance by the Contractor of any provision hereof shall in no way be construed to be a waiver of such provisions, nor in any way effect the validity of this Agreement or any part hereof, or the right of the City to hereafter enforce each and every such provision. SECTION XIII: INDEMNIFICATION The Contractor agrees to indemnify and defend the City from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, pain, and suffering, mental or emotional distress caused solely by negligence or willful misconduct of Contractor, Contractor's employees or agents in connection with the services to be performed by the Contractor under the terms of this Agreement. The City agrees to indemnify and defend the Contractor from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, pain, and suffering, mental or emotional distress caused solely by negligence or willful misconduct of City, City's employees or agents in connection with the obligations of the City under the terms of this Agreement. If the negligence or willful misconduct of both the Contractor and City (or a person identified 4.4.110 above for which each is liable) is a cause of such damage, or injury, the loss, cost or expenses CONTRACT FOR SCREENING STATION GUARD SERVICES 1 0 .�r�rr► shall be shared between the Contractor and the City in proportion to their relative degree of negligence or willful misconduct and the right of indemnity shall apply to such proportion. SECTION XIV: NOTICES City of Renton: Joseph T. McGuire Olympic Security Services: Mark E. Vinson Court Services Director President 1055 South Grady Way 631 Strander Blvd#A Renton WA 98057 Tukwila, WA 98188 All notices called for or provided for in this Agreement shall be in writing and must be served on any of the Parties either personally or by certified mail, return receipt requested, sent to the Parties at their respective addresses as given above. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. SECTION XV: HEADINGS The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit, or extend the scope or intent of the sections to which they pertain. SECTION XVI: TERMINATION The City reserves the right to terminate this Agreement for any reason upon thirty (30) days written notice. In the event of termination through no fault of the Contractor, the City agrees to pay the Contractor for all services performed to the date of termination upon receipt of documentation by the Contractor that such services have been performed to the date of termination and acceptance of said documentation by the City. SECTION XVII: AGREEMENT This contract constitutes the entire agreement between the parties. IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be executed on the day and year first set forth above. OLYMPIC SECURITY SERVICES, INC. CITY OF RENTON MARK VINSON, PRESIDENT KATHY KEOLKER, MAYOR DATE DATE CITY ATTRONEY(As to form) CONTRACT FOR SCREENING STATION GUARD SERVICES 11 err LARRY WARREN, CITY ATTORNEY DATE CONTRACT FOR SCREENING STATION GUARD SERVICES 12 Renton Municipal Court POST ORDERS For Court Security Services Contract Security Officer Post Orders Renton Municipal Court 1055 South Grady Way Renton, WA 98057 err INDEX Paragraph Page Purpose 2 General Information 2 Duty Hours 2 Uniform 2 Weapons 2 Smoking 2 Lunch 2 Access 3 Supervision 3 Professionalism 3 Equip/Supplies/Keys 4 Lost and Found 4 Telephone 4 Normal Procedures 5 Opening 5 Closing 5 Operating Hours 6 Screening Procedures 6 Prohibited Items 8 Building Reentry 8 ioa"' Area Security Checks 8 Special Procedures 8 Baby Carriers/Strollers 8 Handicapped 9 Pat Downs 9 Handgun Security 9 Courtroom Presence/Escort 9 Alarm Procedures 10 Duress Alarm 10 Fire Alarm 10 Reports 11 Rev10-27-06 PURPOSE The purpose of these Post Orders is to provide guidance to security officers assigned to the Renton Municipal Court. These procedures augment the policy guidelines of Olympic Security Services, Inc. Because of the nature of this site, security officers must remember that these instructions may be overridden or changed at any time by the Court Services Director or designee. GENERAL INFORMATION DUTY HOURS There are two overlapping shifts assigned to this site. The full-time shift is from 7:30 AM to 5:00PM. The half-time shift is from 10:00 AM to 2:00 PM. That officer will relieve the full time security officer for breaks at 10:00 AM and 1:45 PM and lunch from 12:00 noon until 1:00 PM. These times may vary somewhat as workload dictates. However, upon request from the Court Services Director, or designee, either shift may be extended when needed. In this event, the security officer must inform Olympic Security Services, Inc. as soon as possible,time and workload permitting, of the change to ensure that the company's billing to the city is accurate. UNIFORM The normal duty uniform will be the Olympic Security Services, Inc. blazer type uniform. Caps are optional. If a cap is worn, only the six point police style cap is authorized. The softball style cap is not authorized for wear at this site. Caps will not be worn indoors. WEAPONS This is an unarmed site. Personal or company weapons will not be brought to this site. SMOKING Smoking is not permitted in the building. You may smoke outside the building when workload permits. You may not leave the security station to smoke when you are the only security officer on duty at the security station. LUNCH A lunch period is provided. The usual lunch period schedule is based upon the court docket. with the last morning docket at 11:00 AM and the first afternoon docket at 1:00 PM. The normal lunch period will be from 12:00 PM to 1:00 PM. The lunch period and breaks will be postponed until a relief security officer is present. The lunch period can be modified as needed depending on the court docket schedule. Security officers are considered on duty during lunch. The security officer on break must respond to any alarm or emergency situation that may arise. The lunch break will be taken in the third floor café or the break room. Security officers are not to leave the building during the lunch break. , ' Rev10-27-06 2 ACCESS Permanently assigned security officers may have a keycard and door keys. Security officers assigned to this site on a temporary basis will not have a keycard or door keys. They will have to either wait for a Municipal Court employee to open the building in the morning or have an employee secure the building before departing in the evening. The Court Services Director or designee will decide if and when a security officer will be assigned a keycard and/or door keys. SUPERVISION Security officers are under the supervision of the Court Services Director or designee. PROFESSIONALISM This site is a high visibility site. Security officers must maintain a high degree of professionalism, as their performance will reflect upon both Olympic Security and Renton Municipal Court. The professional attitude of a security officer is multi-faceted. The officer must be attentive to the screening requirements of the station and to the activities of the public in the court. The officer must act and speak with authority, this commands respect from the public. The officer must also be courteous, helpful and relaxed, this attitude will help relieve tension, thereby diffusing many possible problems with the public before they occur as some of the visitors are agitated due to the circumstances requiring their presence at court even before they arrive. On the other hand, a cold, uncaring, authoritative attitude will increase that tension. However, specific circumstances may require the officer to be firm and authoritative when a visitor begins to get out of hand. liare Security officers will maintain a professional attitude and image at all times. They will: -Be professional and polite to all court employees and visitors alike. -Pay attention to activities in the area. -Keep the station and entry area clean and neat at all times. -Be in the proper uniform. -Not provide any type of legal advice. -Not recommend any course of action, any attorney, any process server or other organization for the visitor to accomplish an action. -Not wear a cap or sunglasses indoors. -Not have toothpicks or other items sticking out of the mouth. -Not leave coats, caps or personal belongings cluttering the security station area. -Not have food, drink, or personal items out in the open. Food is not allowed at the security station. Noirse -A drink is allowed but must be kept discrete. Rev10-26-06 3 EQUIPMENT/SUPPLIES/KEYS Equipment. The security station will have: -CEIA Metal Detector(arch). -OMNI Hand Held Metal Detector(wand). The security station also will have the use of one telephone, one table, two chairs, five small baskets, and one file cabinet(2 drawer). The City of Renton owns all equipment. Supplies Supplies to be reordered from the court as required are: 9V batteries (for use in the wand), envelopes, secure counter pens, Incident Report forms etc. Permanently assigned security officers may have a key card and/or keys to access door passage as necessary. The keys to the gun locker cabinets outside the jail will be kept in that area by jail and Renton Police personnel. The security station key ring will be stored in the file cabinet when the court is closed. When the court is open, the key ring will be kept by the officer operating the metal detector . The key ring will have the following keys: Duress alarm reset key and interior master door key. RENTON POLICE DEPARTMENT The Renton Police Department is located in the building's first and second floors. The department is not responsible for either the Municipal Court or security officers. The party responsible for the police department is Chief Kevin Milosovich. His office is located on the second floor of City Hall. His phone number is 425-430-7503. Security's involvement with Renton Police Department is *4•00; limited to calls for service during a 911 type emergency. LOST AND FOUND The court maintains a lost and found point at the clerk's office. TELEPHONE The security station has a telephone that is to be used for security issues only. The phone is to be kept available for court personnel to call security for needed assistance anywhere in the building and for security personnel to call on security issues when needed. Such assistance requests may include court or office presence, to monitor an exterior door, to open an interior door, etc. The phone is not to be used for personal calls or any call not directly related to security in this building. Relevant phone numbers are: EMERGENCIES CALL - 911 Security Station Court Services Director 6531 Renton Police 7500 Lead Judicial Specialist 6532 Lead Judicial Specialist 6537 Judges Chambers- 6565 Court Room#1 6563 Court Room#2 6568 Jury Room 6562 Lunch Room 6567 Probation Office 6543, 6548 Electronic Home Detention--7610 Olympic Security--206-575-8531 Rev10-26-06 4 NORMAL PROCEDURES OPENING rre If the security officer assigned to the early shift does not have a key to enter the building, he will knock on the doors at the lobby for an employee to let him in. He will have the security station operational at 7:45 AM. The security officer will get a screening wand and baskets from the file cabinet and turn on the metal detector (arch). The machine takes a few seconds to complete a self-test before it is ready to operate. The security officer will then perform a security check of the interior of the Court, EHD, public restrooms and Probation Office (third floor) and unlock designated doors then and return to the security station. The station is now ready to begin screening employees and the public entering the building. The officer will begin screening employees and the public immediately. Court personnel will unlock the Public lobby at 8:00 AM. CLOSING At 5:00PM the clerk's counter lobby door will be closed and locked by court personnel. The security officer will lock designated doors and perform a security check of the Probation Office, EHD public restrooms and court lobby. Any remaining public will still be able to exit the building. Security will log the counter numbers from the metal detector machine before resetting the counters to zero and turning them off. The wand,keys, and baskets will be locked in the file cabinet. Any lost/forgotten items will be turned in to the lost and found at the counter. OVERTIME When the court goes late the clerk's counter lobby will remain open to assist customers from court. When court is finished if counter services are needed the clerk's will assist the customer either in the courtroom of office depending on the specific need. The security officer assigned to close the court will be responsible for locking doors and inspecting the third floor premises to insure all individuals have vacated the court spaces. When the clerk's counter lobby door is closed and locked, if the security officer does not have door keys, they will call for an employee to lock the door. Any remaining public will still be able to exit the building. Security will log the counter numbers from the metal detector machine before resetting the counters to zero and turning them off. After the door is locked and the counter and lobby areas are clear of all public, security will check the courtrooms, mediation rooms, and the public rest rooms to ensure the public area is clear. Security will not leave the public area until the public is cleared from the third floor. After the public is cleared, ensure all interior doors are secure, latched and/or locked. The doors to be checked are listed below: Courtroom One 3 doors Court Lobby 3 doors Clerks Office 5 doors Home Detention Office 1 door Courtroom Two 4 doors Probation Office 1 door *low Security Guard will check with a court supervisor or designee to be released. Rev10-26-06 5 If the closing security officer does not have the door key the court supervisors or designee will secure the doors. OPERATING HOURS Employees. The normal working hours for employees are from 8:00AM to 5:00PM. There may be times when employees have entered the building prior to the security officer's arrival. At these times those employees will not be screened. There also may be times when employees stay after security departs and court is not in session. At these times the departing officer will check with the court supervisor designee for release. If court is in session past 5:00PM security will not be released. Public. The City Hall is open to the public from 7:30 AM to 5:30 PM. The Court areas "inside" security screening will be open to the public from 7:45 AM until 5:00 PM. At no time will the public be allowed to occupy the screened area prior to 7:45 AM or after 5:00 PM unless court proceedings run past that time. SCREENING PROCEDURES Personnel entering the building will be screened for prohibited items. Prohibited items are not allowed into the building. The carrier of a prohibited item will be asked to return it to their vehicle. The only personnel not required to pass through screening are: -Law enforcement officers in uniform. -Law enforcement officers in plain clothes with a commission card. -Fire fighters,paramedics, and EMTs employed by the City of Renton or King County and in uniform. -Loomis money carrier personnel, in performance of their duties, who are listed,with photos, on the authorized signature list. Personnel entering the building will proceed to the table beside the metal detector. They must remove any metallic items from their pockets. A complete list of items that will cause the metal detector to alarm is impractical, but some common items include keys, coins, cigarette lighters, batteries, any foil (such as cigarette packs, chewing gum, mints, etc.), and any electronics (such as pagers, cellular phones, calculators, etc). Baskets are available on the table in which they may place these items. A person will not be asked to disrobe but may be asked to remove their jacket or coat. They will then proceed through the metal detector. Once cleared through the metal detector and/or wand, they may retrieve their personal items from the basket. Any bags, boxes, purses, briefcases and other containers will be placed on the table. The bag will be opened by the owner as directed by the Security Officer who will visually scan the interior and contents of the container. After completing the screening, persons must exit the screening area promptly. There are two screening positions one full-time and one half-time security guard. The positions will share common procedures. While both officers are present one will direct traffic at the metal detector and wand the public as necessary. The other will inspect containers, wheelchairs, purses, briefcases etc. In addition, each security officer must be aware of all activities occurring in the *4010/ entry/security area and back up the other as needed to ensure security. There is only one security Rev10-26-06 6 officer from 7:30 AM to 10:00 AM, 12:00 PM to 1:00 PM and from 2:00 PM until closing. During these times a single security officer must perform all screening requirements. Security Officer Position 1 Stands next to the metal detector. Position 1 must: 1) Controls the traffic through and around the security area to minimize congestion and confusion. 2) Observes items placed in the baskets beside the metal detector. 3) Monitors the scans on personnel passing through the metal detector. 4) Utilizes the wand(hand held metal detector)to screen personnel who fail to pass the metal detector. 5) Respond to alarms as they occur. 6) Inspect bags, containers,purses,briefcases etc. Security Officer Position 2 Stands at the end of the inspection table. Position 2 must: 1) Assist position 1 as needed 2) Circulate throughout the court spaces and City Hall public areas as foot traffic dictates 'rr a Metal Detector Operation When turned on, the metal detector will conduct a self-test and then be ready for use. Security officers will not adjust the program or sensitivity. The program will be set on D. The sensitivity will set on 180. The audio alarm will be on and the volume will be set so that both security officers can clearly hear it but not so loud as to disturb court proceedings. If someone fails the metal detector, instruct him or her to recheck their pockets to ensure there are no metallic items in them and return through the metal detector. If the person fails again, conduct a wand screening. The metal detector's visual and audio alarms will help identify the offending side of the body: left, center or balanced, and right. Both security officers must recognize which body area the alarm tone signifies. The alarm tone ends on a lower pitch for the left side of the body, a higher pitch for the right side of the body(as the metal detector views it). The tone is steady(no change in pitch) if the alarm site is center of body or balanced. Regardless of site localization, the wand screening will cover the entire body. Wand screening will be conducted in accordance with the instructions for the OMNI Hand Held Metal Detector. The wand will not be passed over bare skin. When screening between the legs, do not go above the knees. If the wand screening detects numerous (three or more)removable items on the person, again have them remove everything metallic and return through the metal detector. Once a person has passed screening by either the metal detector or the wand, they are cleared to recover their personal items from the tables(except any prohibited items)and enter the building. `rrrr r Rev10-26-06 7 PROHIBITED ITEMS Prohibited items are those items that are not permitted to be brought into the building. These items fall into two categories: legal and illegal items. Legal but Prohibited Items.These items are legal to carry but are prohibited from entry into the building beyond the security station. Citizens will be instructed to remove some legal items (exceptions noted below) from the building. These shall include but are not limited to: protective sprays (such as mace or pepper spray), any sharp edged or pointed item with a blade length of two inches or greater (such as pocket or other knives, scissors with a sharp point, screw drivers, etc.). Some other prohibited items that are not permitted in the building include: ammunition or gun parts (if the owner is not securing a gun in the gun locker), any fake gun (toy, lighter, miniature, replica, etc.), open containers of alcohol, etc. These items must be taken out of the building. Guns (except for law enforcement officers and Loomis Inc. personnel) are prohibited from entry. If the owner has a valid concealed pistol license (CPL) and driver's license, the gun can be secured in the gun locker if the owner refuses to place the gun in his vehicle. Illegal Items. Illegal items include but are not limited to, illegal weapons (metal knuckles, daggers- double edged knives, switchblades, butterfly knives, etc.), explosive devices including firecrackers, drug paraphernalia with residue (paraphernalia with no residue is not illegal or a security threat and is therefore permitted in the building), etc. The security officer will inform the owner that the item is illegal and to remove it from the premises. BUILDING REENTRY When any person exits the building for any reason,they must proceed through screening again upon return regardless of how long they were out or how often they exit and reenter. AREA SECURITY CHECKS Periodically, as workload permits, one of the security officers will walk through the public areas of the building and the parking lot. If court or mediation hearings are in session,the security officer will look into the room but will not enter it. SPECIAL PROCEDURES BABY CARRIERS AND STROLLERS Infants and young children in carriers and strollers must be removed from the carrier/stroller. Infants must be carried through the metal detector. Children old enough to walk through unassisted should walk through the scanner on their own. Warning: if the child is not tall enough to break the IR sensor the alarm will not sound so the child will have to be carried. If the child is unable or unwilling to proceed alone, the parent may carry the child. Parents may place the carrier on the table to remove the infant. The security officer will bring the stroller to the rear of the screening area and physically inspect it before children or personal items can be placed back on board. Rev10-26-06 8 HANDICAPPED Certain handicapped persons may bypass the metal detector and proceed directly to wanding/inspection. These persons include: wheelchair bound, otherwise handicapped such that `'row* screening by the metal detector is not possible, persons with a pacemaker or defibrillator, etc. These individuals will be screened with the wand as thoroughly as possible. PAT DOWNS Physical pat downs are not authorized. In rare circumstances a person may not pass either the metal detector or wand. The individual should be questioned to determine if there is a reasonable explanation of the problem (a person with a brace, surgical implant, etc.). When the security officer is unable to establish a reasonable explanation, and it is essential for the individual to conduct business with the Court, the security officer will contact a court supervisor. HANDGUN SECURITY Handgun lockers are available for storage of visitor's handguns. Handgun Check-In. Security Guards will request handguns be returned to and locked in the owner's vehicle. If the owner specifically refuses that option and requests handgun storage,the security officer will: Request the person's drivers license (DL)and concealed pistol license (CPL). Ensure both are valid before referring the owner to the police records/front counter area. The DL photo must match the person. The licenses' names and addresses must match. If they do not match and the owner has no reasonable explanation, inform police records when calling them. The Security Officer will call the police front counter and inform them an individual is bringing down a weapon to be locked in the N'" gun lockers in the man-trap. The Security Officer will then direct the owner of the gun to the public front counter on the first floor. Police records will page for an officer or jailer to assist with the check-in. The owner will wait in the police front counter lobby. When a jailer or RPD officer arrives he/she will escort the person to the lockers in the man-trap. The individual will be directed to remove the gun from its place of concealment and place it directly in the locker. Persons will not unload, clear, or operate the gun, cylinder, or slide in any way. Spare ammunition, magazines, speed loaders, etc. must also be placed in the gun locker. The locker will be locked and the key will be held by the citizen. The gun owner can then return to the court floor and must go through screening. Upon finishing court business the gun owner will be referred back to the police records front counter. The Security Officer will phone police and advise them the individual is returning to pick up their weapon. The owner will wait for a jailer or RPD officer to confirm the individual's driver's license and concealed weapons permit match the person. Then the jailer or officer will escort the owner to the man trap to retrieve their gun. The citizen will unlock the gun locker and the will take the weapon from the locker. The key will be left with the locker. Again, this will be done without any operation of the gun. The individual will then be escorted to the exit door of City Hall. COURT ROOM PRESENCE/ESCORT Court Room/Mediation Room Presence. On request by courtroom staff, verbally,telephonically, or through the use of the Duress alarm, when two security officers are present, one security officer can provide a court room or mediation room presence if someone is agitated. However, the Duress alarm should only be used in an emergency situation, as it will call 911. The security officer will Rev10-26-06 9 generally stand in the rear of the room but may move forward if a more obvious presence is required. Interior Escort. Periodically non-court personnel need to enter the court's secure area. A court supervisor will make the decision on whether or not they may enter and whether or not a security officer will escort them. Exterior Escort. Upon request by any person, if the workload permits, one security officer may provide escort to the parking lot. ALARM PROCEDURES DURESS ALARM There are 11 duress alarms (panic buttons) in the court area. These are part of the city hall alarm system and when tripped will notify police records personnel of a possible problem. 911 is immediately called and Renton Police Officers inside the building are paged. Police records will then call court administration for verification. The 11 alarms are distributed: two at the clerks' counters (one for each side of the counter), two in each court room (one each for the judge and judicial specialist), one the electronic home monitoring office, one in the judge's chambers, two in the probation office and one at the security guard's station.. Alarm Annunciator Panels. There is an alarm annunciator panel. It is located in the Court Office area. The alarm panel will show where the alarm was set off. To catch court staffs attention, there is a flashing blue light above the panel. There is a reset button on the panel. The key ring will contain a key to reset the alarm button which has been activated. Response. These alarms will alert the court office staff by a flashing blue light. If both Security Nord Officers are present Court Personnel will alert them to the alarm and direct them to the location of the activated alarm. Security will then move quickly to the appropriate place. Security will then take the appropriate action (provide court room or mediation room presence, ask agitated person to depart, etc.). The responding officer must immediately assess the situation to determine if law enforcement assistance is needed and inform the other officer. The other security officer will remain on station to screen entrants. If law enforcement assistance is not required, the remaining officer must immediately notify court personnel and Police front counter so that 911 will not be called. When a court supervisor has given the all clear,both the alarm panel and button must be reset. FIRE ALARM When the fire alarm sounds all staff must evacuate the building. The floor wardens will supervise evacuation of the third floor. One security officer will proceed to the emergency exit in the court room lobby to ensure no one enters through that door, though staff may depart through it. Court staff will ensure no unauthorized entry is made at any other door. When all others have departed, the officer will ensure the door is secure, make a quick check of the public area to ensure all have departed, proceed to the front door and all officers and floor wardens will depart. All public must re- enter the building through the screening station regardless of which exit they may have used. Do not re-enter until directed to do so by the on scene fire commander or the court supervisor. Upon re- entry, one security officer will begin screening everyone while the other checks exterior doors and checks security of court rooms and then returns to screening. Naid Rev10-26-06 10 REPORTS Dailv/Monthly Log. A daily/monthly log will be kept to track the number of personnel screened, Na`P alarms/security requests (courtroom presence/escorts), hand guns checked and other items. Comments will include: clarification of any of the above items, any left/lost items, etc. Incident Report. Incidents will be reported on a court Incident Report Form. Incidents to be reported will include: alarm responses, incidents that require Court Services Director or law enforcement involvement/resolution, certain unsecured interior doors. (doors from the public hallway into the vestibule, from the public hallway into the "records"hallway or courtroom doors that should be locked) Metal Detector Worksheet. Changes to the metal detector program or sensitivity settings will be recorded on the metal detector operations work sheet. AMENDMENTS These post orders may be changed at any time by the Court Services Director. Such changes will be effective upon twenty-four hours written notice to Olympic Security Services, Inc. Now Rev10-27-06 11 I r CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division November 6, 2006 Staff Contact Robert Lochmiller,x7303 Agenda Status Consent X Subject: Public Hearing.. Maple Valley Highway(SR 169) Improvements Correspondence.. (Phase II) Ordinance Perteet, Inc. Supplemental Agreement No. 7 Resolution (CAG 01-071) Old Business Exhibits: New Business X Issue Paper Study Sessions Supplemental Agreement Information Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Risk Management X Fiscal Impact: 317.12175.016.5950.0000.67.000000 Expenditure Required.. $ 68,250 Transfer/Amendment $ 18,250 Amount Budgeted $ 100,000 Revenue Generated $2,973,993 Total Project Budget $9,030,497(2007-2012) City Share Total Project.. $4,744,545 ilhosi SUMMARY OF ACTION: This supplemental agreement provides for the design work needed to complete the plans, specifications,and estimate (PS&E)for the modifications related to the relocation of the Parks Maintenance Facilities. The original PS&E package for Phase II was completed in early 2006; this set of plans had revisions on the full build-out on SR 169 due to the Parks Maintenance building remaining. With the maintenance facilities now scheduled to move coupled with the Washington State Department of Transportation(WSDOT)deciding to add an additional lane east of the new signal,the City and WSDOT staff decided to combine the City's Phases II and III of the project with WSDOT's added lane extension to make one complete project. This supplement funds only the consultant's work to combine the City's Phases II and III. WSDOT will initiate a separate contract with the consultant to incorporate their additional work. The supplemental agreement is for$68,250. The Transportation Systems Division has$50,000 remaining in its 2006 budget appropriation for project design. Additional budget for design is required for the supplemental agreement. Staff recommends that$18,250 be transferred from the project's 2006 roadway construction budget($3,600,000)to the design budget. Adjustments will be made to the project budget through the 2007 Carryforward Ordinance. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement No. 7 with Perteet, Inc. in the amount of$68,250. 111101.0 H\Division s\TRA NSPOR.TAT\DESIGN.ENG\Rob\SR 169-Mapk Valley Improvements\Supplemmrt\Suppkment#7\061011 Agenda Bill Supp#7.doc �ti`SY 0 PLANNING/BUILDING/ %o PUBLIC WORKS DEPARTMENT • • MEMOR ANDUM DATE: November 6, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Gregg Zimerm 9 mrthinistrator STAFF CONTACT: Rob Lochmiller, Transportation Design Project Manager (x7303) SUBJECT: Maple Valley Highway(SR 169) Improvements (Phase II) Perteet,Inc. Supplemental Agreement No. 7 (CAG 01-071) ISSUE: Should Council authorize the Mayor and City Clerk to execute the supplemental agreement with Perteet Inc., in the amount of$68,250 for the Maple Valley Highway Improvement Project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement No. 7 with Perteet, Inc. in the amount of$68,250. BACKGROUND: The supplemental agreement provides for the design work needed to complete the plans, specifications, and estimate(PS&E) for the modifications related to the relocation of the Parks Maintenance Facilities. The original PS&E package for Phase II was completed early 2006; this set of plans had revisions on the full build-out on SR 169 due to the Parks Maintenance building remaining. Phase III of the project would have completed the SR 169 widening improvement, after the Parks maintenance building was vacated. With the maintenance facilities scheduled to be relocated, and Washington State Department of Transportation(WSDOT) deciding to add additional widening improvements east of the new Cedar River Park signal, City and WSDOT staff have decided to combine the remaining City's Phase II and III of the original project with WSDOT's lane extension to make one complete project. Randy Corman,Council President Members of the Renton City Council Page 2 of 2 November 6,2006 The scope outlined in this supplement will fund only the consultant's work to combine the City's Phase II and III improvements together. WSDOT will initiate a separate contract with the consultant for design scope associated with adding an additional lane east of the signal. The two separate design contracts will provide one combined single PS&E package. The supplemental agreement is for$68,250. The Transportation Systems Division has$50,000 remaining in its 2006 budget appropriation for project design. Additional budget for design is required for the supplemental agreement. Staff recommends that$18,250 be transferred from the project's 2006 roadway construction budget($3,600,000)to the design budget. Adjustments will be made to the project budget through the 2007 Carryforward Ordinance. cc: Peter Hahn,Deputy PB/PW Administrator—Transportation Robert Hanson,Transportation Design Supervisor Rob Lochmiller,Transportation Design Project Manager Connie Brundage,Transportation Administrative Secretary �rril' H:\Division.s\TRANSPOR TAT\DESIGN ENG\Rob\SR 169-Maple Valley Improvements\Supplement\Supplement#7\Perteet Supp-7 Issue Paper 061030 doc Ar 17:117 Washington State Department of Transportation 'New Su Supplemental Agreement Organization and Address pp g Perteet, Inc. Number 7 2707 Colby Avenue, Suite 900 Everett,WA 98201 Original Agreement Number CAG 01-071 Phone: (425) 252-7700 Project Number Execution Date Completion Date 160 calendar days from contract execution or notice to proceed Project Title New Maximum Amount Payable Maple Valley Highway(SR 169) $ 1,038,807 Description of Work Finalize Phase 2 construction documents for modifications related to the relocation of park maintenance facilities. Modifications include extension of the eastbound auxiliary lane west of the park access road, parking lot expansion within the park maintenance facility and reconfiguration of the stormwater vaults and water line in the northwest corner of the 1-405 ramps/SR 169 intersection. The Local Agency of City of Renton desires to supplement the agreement entered into with Perteet, Inc. and executed on June 5, 2001 and identified as Agreement No. CAG 01-071 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: `'W✓ Section 1, SCOPE OF WORK, is hereby changed to read: The original scope of services is amended to include additional services as described in detail in the attached Exhibit"B". 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: 160 days from contract execution or notice to proceed III Section V, PAYMENT, shall be amended as follows: Additional services described in Exhibit"B"will cause an increase to the contract in the amount of Sixty-Eight Thousand Two Hundred Fifty Dollars ($68,250)as shown in the attached Exhibit"D- 1"for a new Maximum Amount Payable of One Million Thirty-Eight Thousand Eight Hundred Seven Dollars ($1,038,807). If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 EF Revised 9/2005 Exhibit "B" — Supplemental Agreement No. 7 Scope of Services City of Renton Maple Valley Highway (SR 169) 140th Way SE Intersection Improvements Vicinity of I-405 Northbound Freeway Ramps Phase 2 — Park Maintenance Relocation Modifications INTRODUCTION This work supplements the scope of services to finalize Phase 2 construction documents for modifications related to the relocation of park maintenance facilities. Modifications include extension of the eastbound auxiliary lane west of the park access road,parking lot expansion within the park maintenance facility and reconfiguration of the stormwater vaults and water line in the northwest corner of the I-405 ramps/SR 169 intersection. It is assumed that this work will be performed simultaneously with the extension of the eastbound auxiliary lane east of the park access road for WSDOT. It is assumed that the work will be combined into a single construction document for the City's Phase 2 improvements. The City will advertise the contract for construction and administer the construction contract. Neid The scope of services of the basic agreement is amended to add the following scope of services items. All provisions of the basic agreement remain in effect except as expressly modified by this supplement: TIME FOR COMPLETION All work under this supplement agreement shall be completed within 160 calendar days of notice to proceed. SCOPE OF SERVICES A. Project Management and Coordination 1. Prepare and monitor project schedule and budget. 2. Prepare monthly billings and progress reports. 3. Attend up to four meetings for project coordination and plan review, and prepare meeting minutes. 4. Quality Assurance 5. Subconsultant coordination B. Utility Coordination 1. No additional utility coordination is included, but if required can be provided under a City of Renton Page 1 of 5 Maple Valley Highway(SR 169) Supplemental Agreement No. 7 Scope of Services supplement to this agreement. C. Surveying and Basemapping 1. No additional topographic survey is included, but if required can be provided under a supplement to this agreement. D. Geotechnical Engineering Exploration and Analysis 1. No additional geotechnical investigation is included, but if required can be provided under a supplement to this agreement. E. Environmental Documentation 1. It is assumed that all work will be permitted under the environmental documentation already completed for the Phase 2 project improvements. Additional environmental documentation if required, can be provided under a supplement to this agreement. F. Channelization Plan for Approval 1. Channelization modifications associated with extension of the auxiliary lane west of the park access road will be incorporated with the channelization plans prepared for extension of the auxiliary lane east of the park access road. No additional coordination with WSDOT is included, but if required, can be provided under a supplement to this agreement. G. Drainage Nome 1. Reconfigure the stormwater vaults located within WSDOT limited access in the northwest corner of the I-405 ramps/SR 169 intersection to avoid encroachment of the vaults into the roadway. The new configuration will account for known utilities in the area as well as other proposed design features of the project. 2. Prepare a gutter analysis and backwater analysis for the portions of the storm system that are located with the WSDOT limited access area. The backwater analysis will be done in the software program StormShed2G and will assume a tailwater condition of normal depth at the down-gradient pipe for purposes of this analysis. 3. Submit supplemental information to WSDOT to accommodate a thorough review process, due to the existing deviation from WSDOT Hydraulic Report format. Supplemental information will include references to applicable Department of Ecology Design Standards, and justification for the proposed BMP choices. 4. Provide assistance to the City with the Utility Permit and Franchise Agreement and provide appropriate supporting documentation. 5. The following items are not included, but if required can be provided under a supplement to this agreement: • Prepare WSDOT Hydraulic Report to include drainage calculations for stormwater quality facilities, that include a wetvault plus sand filter vault to be placed in series. • Provide drainage plans and details for stormwater quality facilities, that include pipes, catch basins, oil/water separator and a wetvault plus sand filter vault to be placed in series per WSDOT standards. • Input current drainage calculations into MGSFlood software program per WSDOT City of Renton Page 2 of 5 Maple Valley Highway(SR 169) Supplemental Agreement No. 7 Scope of Services standards. H. Retaining Walls 1. The retaining wall along the Cedar River Park frontage on SR 169 will be extended along the eastbound auxiliary lane up to the park access road matching the current design. I. Landscaping and Irrigation 1. Landscaping and irrigation plans will be amended to include the added parking lot within the park maintenance area. I. PS&E 1. Prepare 90%plans, specifications, and opinion of cost for Phase 2 construction documents incorporating the extension of the auxiliary lane west of the park access road, parking lot expansion into the park maintenance facility and reconfiguration of stormwater vaults in the northwest corner of the I-405 ramps/SR 169 intersection. Reconfiguration of the vaults will require the adjacent water main to be relocated. Revisions to the existing 16"water main will be incorporated in plan and profile drawings in accordance with the City's proposed schematic. Analysis associated with the water main relocation is not included, but if required can be provided under a supplement to this agreement. TESC plans will be updated per WSDOT standards. This task will include evaluation of the 12 TESC Elements as listed in the WSDOT Hydraulic Manual and WSDOT Highway Runoff Manual. These updates will be limited to the area of the project within WSDOT limited access. Plans will be revised to incorporate modifications from the approved channelization plan by "44100 WSDOT. Special provisions will be updated to reflect changes to bid items. Amendments to the Standard Specifications will be replaced with the current version. The opinion of cost will be updated to reflect any changes to quantities and current prices. 2. Incorporate 90%review comments from the City. Submit final plans, specifications, and opinion of cost for the construction contract. Minor adjustments to the final plan set will be made if required prior to printing of the PS&E package and advertisement for bids. The following table shows the list of plan sheets including those with anticipated revisions. Design revisions pertain to the above described changes. City of Renton Page 3 of 5 Maple Valley Highway(SR 169) Supplemental Agreement No.7 Scope of Services Sheet Title Number Design of Sheets Revisions Cover Sheet 1 Legend and Abbreviations 1 Summary of Quantities 2 X Alignment Plan 1 Construction Sequencing 2 X TESC Plan& Details 4 plus 1 X new Typical Roadway Sections 2 X Plan and Profile 6 plus 1 X new Roadway Details 1 Driaveway Profiles 1 Drainage Details 3 Wall Plan and Details 10 X Form Liner Details 2 X Channelization Plan 3 plus 1 X new Signal Plans and Details 9 Signal Priority and Interconnect Plan 2 Signing and Illumination Plans 3 plus 1 X Now new Sign Structure Plans and Details 7 Landscape Plans and Details 3 plus 1 X new Irrigation Plans and Details 4 plus 1 X new Total 73 Traffic control plans are not included, but if required, can be provided under a supplement to this agreement. J. Right-of-way Documentation 1. Perteet will determine preliminary right of way acquisition and easement areas from the Merlino property for WSDOT's proposed extension of the eastbound auxiliary lane. Draft right of way and easement exhibits will be prepared. K. Bidding Assistance 1. Assist in answering contractor questions during bidding. City of Renton Page 4 of 5 Maple Valley Highway(SR 169) Supplemental Agreement No. 7 Scope of Services ITEMS TO BE FURNISHED BY THE CITY 1. Front-end specifications not including: Special Provisions, Amendments to the Standard Specifications, and the bid proposal. 2. Printing of final contract package. PROJECT DELIVERABLES The Consultant shall provide the following deliverables with this project: • One (1) copy of the opinion of cost at 90%and final submittals. • Five (5) sets of all sheets (at half-size, 11-inch x 17-inch) comprising the set of contract documents for City review at the 100 percent completion stage. • Two (2)copies of the Special Provisions, Amendments to the Standard Specifications, and Bid Proposal for City review at the 100 percent design submittal. • One (1) set of full-size final plans on translucent bond paper. • One (1) set of half-size final plans on bond paper. • One set of final Special Provisions, Amendments to the Standard Specifications, and Bid Proposal. • Draft 11"x 17"parcel map exhibits for right of way and easement areas associated with extension of the eastbound auxiliary lane. City of Renton Page 5 of 5 Maple Valley Highway(SR 169) Supplemental Agreement No.7 Scope of Services Exhibit "D-1" Consultant Fee Determination -Summary Sheet Now Project: Maple Valley highway Supplement No.7 Client: City of Renton HOUR ESTIMATE Classification Hours Rate Cost Associate 3 x $50.48 = $151 Senior Project Manager 103 x $48.37 = $4,982 Principal Surveyor 1 x $51.93 = $52 Lead Drainage Engineer 16 x $45.68 = $731 Design Engineer III-Site 68 x $30.00 = $2,040 Design Engineer III 151 x $33.00 = $4,983 Designer 8 x $23.00 = $184 CADD Operator/Drafter 105 x $30.50 = $3,203 Clerical 12 x $20.00 = $240 TOTAL HOURLY COST = $16,566 OVERHEAD(OH COST-including Salary Additives): OH Rate x DSC 168.80% x $16,566 = $27,963 FIXED FEE(FF): *mire FF Rate X DSC 35% x $16,566 = $5,798 REIMBURSABLES: 0 $0 Mileage @ current federal rate $200 CADD Station @$10/hr $1,050 Misc. $150 TOTAL REIMBURSABLE COST = $1,400 SUB-CONSULTANTS: Civiltech $7,813 Hough Beck&Baird $8,710 TOTAL SUBCONSULTANTS COST = $16,523 GRAND TOTAL: _ $68,250 err,. rreparea Lsy: pari r,mreiu Date: October I I, 2006 Page 1 CITY OF RENTON COUNCIL AGENDA BILL AI#: 1 Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division/Surface November 6, 2006 Water Utility Staff Contact Lys Hornsby(ext. 7239) Agenda Status Ron Straka(ext. 7248) Consent X Subject: Public Hearing.. WRIA 8 &9 Salmon Habitat Plan 2007-2015 Correspondence.. Implementation Interlocal Agreements Ordinance Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Resolution Information WRIA 8 &9 Interlocal Agreements Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept X Other Fiscal Impact: 60 Expenditure Required... $22,858 annually(Est.) Transfer/Amendment Amount Budgeted $22,858 annually Revenue Generated Total Project Budget $205,722 (over 9-years) City Share Total Project $205,722 (Est.) SUMMARY OF ACTION: Approval of revised interlocal agreements between the City and other participating jurisdictions within the Water Resource Inventory Areas(WRIA) 8 and 9 is necessary for the implementation of the WRIA 8 and 9 Salmon Habitat Plans in response to the Endangered Species Act listing of Chinook salmon and bull trout. The City ratified the WRIA 8 Chinook Salmon Conservation Plan and the WRIA 9 Salmon Habitat Plan in August and October of 2005. A 1-year extension to the interlocal agreements associated with developing the Salmon Habitat Plans was approved in November 2005 to allow for a transition from planning to implementation of the plans. The interlocal agreements are needed to facilitate the implementation, over a 9-year period, of the recommended actions and activities needed to protect and restore habitat for salmon as identified in the ratified WRIA 8 and WRIA 9 Salmon Habitat Plans. The new interlocal agreements will fund the resources needed to perform the work associated with the implementation of the plans and other activities as described and approved in the annual work plans and budgets. STAFF RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to execute the interlocal agreements between the City and other jurisdictions participating in the implementation of the WRIA 8 and WRIA 9 Salmon Habitat Plans for the time period of 2007-2015. C:\DOCUME-1\BWalton\LOCALS--1\Temp\WRIA8&9 2007-2015 ILA Agnbill.doc\RStp ti`cY � PLANNING/BUILDING/ • Noy �% ♦ PUBLIC WORKS DEPARTMENT' �� MEMORANDUM DATE: October 20, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: „Pale Kathy Keolker, Mayor FROM: Gregg Zimmerman J ministrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor(ext. 7248) SUBJECT: WRIA 8 and 9 Salmon Habitat Plan Implementation Interlocal Agreements ISSUE: Should the Council approve a resolution authorizing the Mayor and City Clerk to execute new 9-year interlocal agreements between the City and other jurisdictions participating in the implementation of the ratified WRIA 8 and WRIA 9 Salmon Habitat Plans? RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to execute the Interlocal Agreements between the City and other jurisdictions participating in the implementation of the WRIA 8 and WRIA 9 Salmon Habitat Plans for the time period of 2007-2015. BACKGROUND: The Water Resource Inventory Area(WRIA) 8 Chinook Salmon Conservation Plan and the WRIA 9 Salmon Habitat Plan were completed and ratified by the City in accordance with the interlocal agreements that were approved for their preparation (CAG-01-004 and CAG-01-005) in August and October of 2005. The plans were prepared and approved in coordination with a total of 27 jurisdictions in WRIA 8 (Lake Washington/Cedar/ Sammamish basins) and 17 jurisdictions within WRIA 9 (Green/Duwamish/Central Puget Sound basins). The plans were produced over a 5-year period (2001-2005) by the WRIA 8 and WRIA 9 Steering Committees, which included representative stakeholder groups including cities, counties, environmental groups, business groups, state agencies, and citizens. The March 1999 listing of the Puget Sound Chinook salmon as a threatened species under the Endangered Species Act(ESA) was the impetus for the preparation of these plans. A 1-year extension to the interlocal agreements associated with developing the Salmon Habitat Plans was approved in November 2005 to allow for a transition from '�rrr' planning to development of new interlocal agreements for the implementation of the plans. The WRIA 8 and 9 forums have recommended that each jurisdiction agree to approve new interlocal agreements that would have a term of 9-years to fund the staff resources coordination and other resources associated with implementing the actions, projects, and activities recommended in the ratified WRIA 8 and WRIA 9 Salmon Habitat Plans. The interlocal agreements will fund the staffing resources and resources needed to continue obtaining Salmon Recovery Funding Board(SRFB) grants and using WRIA designated King Conservation District funding to implement habitat restoration and protection projects and other ongoing activities. The attached work programs and budgets define the work that each participating jurisdiction within WRIA 8 and 9 will be funding in 2007. The interlocal agreements require the development and approval of annual work programs and budgets. Each jurisdiction's share of the funding is based upon the average of the jurisdiction's population, assessed value, and area within the WRIA, which could change over time. The City's cost share allocations for WRIA 8 and 9 is 2.7% and 2.5% respectively. The Surface Water Utility has included sufficient funding in the proposed 2007 budget to fund the cost associated with the interlocal agreements 2007 work plan and budgets for WRIA 8 and WRIA 9. The City's share of the cost associated with the WRIA 8 and 9 interlocal agreements for 2007 is $13,522 and $9,336 respectively, for a total of$22,858. The funding for future years will be budgeted annually based upon the City's actual cost share. The total project cost to the City for the 9-year period is estimated to be $205,722, assuming that the City's cost share allocations do not change. These plans incorporated a comprehensive scientific review of the current and future habitat conditions, current fish use of the habitat, and problems that are affecting the habitat. Based upon the review, actions were identified that can be implemented over a 10-year period that will help to protect, improve, and restore habitat, which is beneficial to Chinook salmon, bull trout, and other fisheries resources. These efforts will complement habitat improvements in other parts of Puget Sound and changes to hatchery and harvest practices and contribute to the overall recovery of Puget Sound Chinook salmon and bull trout. In addition, these measures provide other benefits such as water quality protection, open space preservation, flood hazard reduction, maintenance of cultural heritage, and general quality of life benefits. CONCLUSION: The Planning/Building/Public Works Department recommends approval of the resolution authorizing the Mayor and City Clerk to execute the interlocal agreements between the City and other jurisdictions participating in the implementation of the WRIA 8 and WRIA 9 Salmon Habitat Plans for the time period of 2007-2015. Attachments cc: Lys Hornsby, Utility Systems Director H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2760 WRIA 9 Planning\WRIA 9 Forum\2006 WRIA 9 Forum\2007 ILA Approval\WRIA 8&9 2007-2015 ILA Issue paper.doc\RStp CITY OF RENTON, WASHINGTON +ar RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING IHE MAYOR AND CITY CLERK TO EXECUTE INTERLOCAL AGREEMENTS AMONG PARTICIPATING JURISDICTIONS WITH THE GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED RESOURCE INVENTORY AREA (WRIA 9) AND THE LAKE WASHINGTON/CEDAR/SAMMAMISH WATERSHED RESOURCE INVENTORY AREA (WRIA 8). WHEREAS, RCW 39.34 authorizes cities and counties to enter into interlocal agreements, as necessary, to work together on issues requiring joint action of the parties; and WHEREAS, on June 11, 2001, the City of Renton entered into an Interlocal Agreement (ILA)for participation in WRIA 8 and WRIA 9 for the purposes described therein; and WHEREAS, an amendment to the WRIA 9 ILA was authorized on August 20, 2001; and star WHEREAS, the City of Renton extended the ILA for WRIA 8 and WRIA 9 through the project year 2006; and WHEREAS, the City of Renton wishes to continue to participate in WRIA 8 and WRIA 9 in order to implement the Salmon Habitat Plans and accomplish other tasks deemed advisable by each WRIA and budgeted by the WRIA and the City of Renton; 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. The Mayor and City Clerk are hereby authorized to execute an ILA between the City and the other participating jurisdictions within WRIA 8 (Lake 1 RESOLUTION NO. Washington/Cedar/Sammamish basins) and an ILA between the City of Renton and other participating jurisdictions within WRIA 9(Green/Duwamish and Central Puget Sound basins). SECTION III. The Mayor is hereby further authorized to sign the extension to Interlocal Agreements and implement necessary administrative actions consistent with this resolution. 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.1213:10/2/06:ma 2 1 INTERLOCAL AGREEMENT 41r00, 2 For the Watershed Basins within Water Resource Inventory Area 8 3 4 PREAMBLE 5 THIS AGREEMENT("Agreement")is entered into pursuant to Chapter 39.34 RCW by and 6 among the eligible county and city governments signing this agreement that are located in King 7 and Snohomish Counties, lying wholly or partially within the management area of Watershed 8 Resource Inventory Area("WRIA")8, which includes all or portions of the Lake Washington, 9 Cedar, and Sammamish basins, all political subdivisions of the State of Washington (individually 10 for those signing this Agreement"party" and collectively"parties"). The parties share interests in 11 and responsibility for addressing long-term watershed planning and conservation for the 12 watershed basins in WRIA 8 and wish to provide for funding and implementation of various 13 activities and projects therein. 14 MUTUAL CONVENANTS AND AGREEMENTS 15 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning 16 provided for below: 17 1.1. ELIGIBLE JURISDICTIONS:The governments eligible for participation in this Agreement 18 as parties are the Counties of King and Snohomish, and the Cities of Bellevue, Bothell, 19 Brier, Clyde Hill, Edmonds, Everett, Issaquah, Kenmore, Kent, Kirkland, Lake Forest 'l'20 Park, Lynnwood, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace, 21 Mukilteo, Newcastle, Redmond, Renton, Sammamish, Seattle, Shoreline, Woodinville, 22 and Woodway and the Towns of Beaux Arts, Hunts Point and Yarrow Point. 23 1.2. WRIA 8 SALMON RECOVERY COUNCIL: The WRIA 8 Salmon Recovery Council 24 created herein is the governing body responsible for implementing this Agreement and is 25 comprised of members who are designated representatives of eligible jurisdictions who 26 have authorized the execution of and become parties to this Agreement. In addition, the 27 WRIA 8 Salmon Recovery Council includes members who are not representatives of 28 the parties and are comprised of a balance of stakeholder representatives and any other 29 persons who are deemed by the parties to this Agreement to be appropriate for the 30 implementation and adaptive management of the WRIA 8 Plan. The appointed 31 representatives of parties will appoint the members who are not representing parties, 32 using the voting provisions of Section 5 of this Agreement. 33 1.3. LAKE WASHINGTON/CEDAR/SAMMAMISH WATERSHED(WRIA 8)CHINOOK 34 SALMON CONSERVATION PLAN,JULY 2005: WRIA 8 Plan as referred to herein is 35 the three volume document developed in partnership with stakeholder representatives 36 and ratified by the parties to this Agreement for the purposes of preserving, protecting, 1 Final WRIA 8 ILA August 1,2006 37 and restoring habitat with the intent to recover listed species, including sustainable, 38 genetically diverse, harvestable populations of naturally spawning Chinook salmon. 'W4r11 39 1.4 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists 40 of five(5)elected officials or their designees which elected officials are chosen by the 41 party members of the WRIA 8 Salmon Recovery Council, according to the voting 42 procedures in Section 5, and charged with staff oversight and administrative duties on the 43 WRIA 8 Salmon Recovery Council's behalf. 44 1.5 SERVICE PROVIDER(S): Service Provider(s), as used herein, means that agency, 45 government, consultant or other entity which supplies staffing or other resources to and 46 for the WRIA 8 Salmon Recovery Council, in exchange for payment. The Service 47 Provider(s)may be a party to this Agreement. 48 1.6 FISCAL AGENT: The Fiscal Agent refers to that agency or government who performs 49 all accounting services for the WRIA 8 Salmon Recovery Council, as it may require, in 50 accordance with the requirements of Chapter 39.34 RCW. 51 1.7 STAKEHOLDERS: Stakeholders refers to those public and private entities within the 52 WRIA who reflect the diverse interests integral for planning, implementation, and 53 adaptive management for the recovery of the listed species under the Endangered 54 Species Act, which may include but are not limited to environmental and business 55 interests. 56 2. PURPOSES.The purposes of this Agreement include the following: 57 2.1 To provide a mechanism and governance structure for the implementation and adaptive 58 management of the implementation of the WRIA 8 Plan and to share the cost of the 59 WRIA 8 Service Provider team to coordinate and provide the services necessary for the 60 successful implementation and management of the WRIA 8 Plan. The maximum 61 financial or resource obligation of any participating eligible jurisdiction under this 62 Agreement shall be limited to its share of the cost of the Service Provider staff and 63 associated operating costs. 64 2.2 To provide a mechanism for securing technical assistance and any available funding from 65 state agencies or other sources. 66 2.3 To provide a mechanism for the implementation of other habitat, water quality and flood 67 projects with regional, state, federal and non-profit funds as may be contributed to the 68 WRIA 8 Salmon Recovery Council. 69 2.4 To provide a framework for cooperation and coordination among the parties on issues 70 relating to the implementation and management of the implementation of the WRIA 8 71 Plan or to meet the requirement or a commitment by any party to participate in WRIA- 72 based or watershed basin planning in response to any state or federal law which may 2 Final WRIA 8 ILA August 1,2006 73 require such participation as a condition of any funding, permitting or other program of 'fir 74 state or federal agencies, at the discretion of such party to this Agreement. 75 2.5 To develop and articulate WRIA-based positions on salmon habitat, conservation and 76 funding to state and federal legislators. 77 2.6 To provide for the ongoing participation of citizens and other stakeholders in such efforts 78 and to ensure continued public outreach efforts to educate and garner support for current 79 and future ESA efforts. 80 It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the 81 authority or role of any individual jurisdiction or water quality policy bodies such as the Regional 82 Water Quality Committee. 83 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective on January 1, 2007 84 provided it has been signed by that date by at least nine(9)of the eligible jurisdictions within 85 WRIA 8 representing at least seventy per cent(70%)of the affected population, as authorized by 86 each jurisdiction's legislative body, and further provided that after such signatures this Agreement 87 has been filed by King County and Snohomish County in accordance with the terms of RCW 88 39.34.040 and .200. This agreement in conjunction with the ILA Extension of 2006 reflects the 89 ten-year timeframe of the priority actions identified in the WRIA 8 Plan Start-List. The ILA 90 Extension of 2006 provides the mechanism and governance structure for year-one of 91 implementation. This Agreement provides the mechanism and governance structure for the 92 subsequent years of implementation of the Start-List Chapter of the WRIA 8 Plan. Once 93 effective, this Agreement shall remain in effect for a term of nine(9)years; provided, however, 94 that this Agreement may be extended for such additional terms as the parties may agree to in 95 writing, with such extension being effective upon its execution by at least nine (9)of the eligible 96 jurisdictions within WRIA 8 representing at least seventy per cent(70%)of the affected 97 population,. 98 4. ORGANIZATION AND NATURE OF WRIA 8 SALMON RECOVERY COUNCIL. The parties to 99 this Agreement hereby establish a governing body for WRIA 8 and the Lake Washington-Cedar 100 and Sammamish watershed basins and associated Puget Sound drainages (hereinafter the 101 "WRIA 8 Salmon Recovery Council'the precise boundaries of which are established in Chapter 102 173-500 WAC, or as determined by the WRIA 8 Salmon Recovery Council)to serve as the 103 formal governance structure for carrying out the purposes of this Agreement in partnership with 104 non-party members. Each party to this agreement shall appoint one(1)elected official to serve 105 as its representative on the WRIA 8 Salmon Recovery Council.The WRIA 8 Salmon Recovery 106 Council is a voluntary association of the county and city governments located wholly or partially 107 within the management area of WRIA 8 and the Lake Washington-Cedar and Sammamish 108 watershed basins and associated Puget Sound drainages who choose to be parties to this 3 Final WRIA 8 ILA August 1,2006 109 Agreement. Representatives from stakeholder entities who are selected under the voting 110 provisions of Section 5.2 of this agreement are also part of this association. Nomi 111 4.1 Upon the effective execution of this agreement and the appointment of representatives to 112 the WRIA 8 Salmon Recovery Council, the party members of the WRIA 8 Salmon 113 Recovery Council shall meet and choose from among its members, according to the 114 voting provisions of Section 5, five(5)elected officials or their designees,to serve as a 115 Management Committee to oversee and direct the funds and personnel contributed 116 under this Agreement, in accordance with the adopted annual budget and such other 117 directions as may be provided by the party members of the WRIA 8 Salmon Recovery 118 Council. Representatives of the Fiscal Agent and Service Provider may serve as non- 119 voting ex officio members thereof. The Management Committee shall act as an 120 executive subcommittee of the WRIA 8 Salmon Recovery Council, responsible for 121 oversight and evaluation of any Service Providers or consultants,for administration of 122 the budget, and for providing recommendations on administrative matters to the WRIA 8 123 Salmon Recovery Council for action, consistent with the other subsections of this 124 section. 125 4.1.1 It is contemplated that services to the WRIA 8 Salmon Recovery Council for 126 the term of this agreement shall be provided by King County Department of 127 Natural Resources which shall be the primary Service Provider unless the party 128 members pursuant to the voting provisions of Section 5 choose another primary 129 Service Provider. The Management Committee shall prepare a Memorandum 130 of Understanding to be signed by an authorized representative of King County 131 and an authorized representative of WRIA 8, which shall set out the expectations 132 for services to be provided. Services should include, without limitation, 133 identification of and job descriptions for dedicated staff in increments no smaller 134 than .5 FTE, description of any supervisory role retained by the Service 135 Provider over any staff performing services under this Agreement, and a method 136 of regular consultation between the Service Provider and the Management 137 Committee concerning the performance of services hereunder. 138 4.1.2 The Management Committee shall make recommendations to the party 139 members of the WRIA 8 Salmon Recovery Council for action, including 140 decisions related to work program, staffing and service agreements, and budget 141 and financial operations, for each year of this Agreement. All duties of the 142 Management Committee shall be established by the party members of the 143 WRIA 8 Salmon Recovery Council. 144 4.2 The party members of the WRIA 8 Salmon Recovery Council shall have the authority 145 and mandate to establish and adopt the following: 4 Final WRIA 8 ILA August 1,2006 146 4.2.1 By September 1 of each year, establish and approve an annual budget, fir►'147 establishing the level of funding and total resource obligations of the parties 148 which are to be allocated on a proportional basis based on the average of the 149 population, assessed valuation and area attributable to each party to the 150 Agreement, in accordance with the formula set forth in Exhibit A, which formula 151 shall be updated every third year by the WRIA 8 Salmon Recovery Council, as 152 more current data become available, and in accordance with Section 2.1. 153 4.2.2 Review and evaluate annually the duties to be assigned to the Management 154 Committee hereunder and the performance of the Fiscal Agent and Service 155 Provider(s)to this Agreement, and provide for whatever actions it deems 156 appropriate to ensure that quality services are efficiently, effectively and 157 responsibly delivered in the performance of the purposes of this Agreement. In 158 evaluating the performance of any Service Provider(s), at least every three(3) 159 years, the WRIA 8 Salmon Recovery Council shall retain an outside consultant 160 to perform a professional assessment of the work and services so provided. 161 Evaluations of the Service Provider(s)shall occur in years 3, 6, and 9 of the 162 Agreement, which correspond to years 4, 7, and 10 of the WRIA 8 Plan Start-List 163 timeline. 64 4.2.3 Oversee and administer the expenditure of budgeted funds and allocate the —165 utilization of resources contributed by each party or obtained from other sources 166 in accordance with an annual prioritized list of implementation and adaptive 167 management activities within the WRIA during each year of this Agreement. 168 4.3 The WRIA 8 Salmon Recovery Council through the primary Service Provider may 169 contract with similar watershed forum governing bodies or any other entities for any 170 lawful purpose related hereto, including specific functions and tasks which are initiated 171 and led by another party to this Agreement beyond the services provided by the primary 172 Service Provider. The parties may choose to create a separate legal or administrative 173 entity under applicable state law, including without limitation a nonprofit corporation or 174 general partnership, to accept private gifts, grants or financial contributions, or for any 175 other lawful purposes. 176 4.4 The party members of the WRIA 8 Salmon Recovery Council shall adopt other rules 177 and procedures that are consistent with its purposes as stated herein and are necessary 178 for its operation. 179 5. VOTING. The party members on the WRIA 8 Salmon Recovery Council shall make decisions, 180 approve scope of work, budget, priorities and any other actions necessary to carry out the 181 purposes of this Agreement as follows: 5 Final WRIA 8 ILA August 1,2006 182 5.1 No action or binding decision will be taken by the WRIA 8 Salmon Recovery Council 183 without the presence of a quorum of active party members. A quorum exists if a majority `+ ' 184 of the party members are present at the WRIA 8 Salmon Recovery Council meeting, 185 provided that positions left vacant on the WRIA 8 Salmon Recovery Council by parties 186 to this agreement shall not be included in calculating the quorum. In addition, positions 187 will be considered vacant on the third consecutive absence and shall not be included in 188 calculating a quorum until that time in which the party member is present. The voting 189 procedures provided for in 5.1.1 through 5.1.2 are conditioned upon there being a 190 quorum of the active party members present for any action or decision to be effective and 191 binding. 192 5.1.1 Decisions shall be made using a consensus model as much as possible. Each 193 party agrees to use its best efforts and exercise good faith in consensus 194 decision-making. Consensus may be reached by unanimous agreement of the 195 party members at the meeting, or by a majority recommendation agreed upon by 196 the active party members, with a minority report. Any party who does not accept 197 a majority decision may request weighted voting as set forth below. 198 5.1.2 In the event consensus cannot be achieved, as determined by rules and 199 procedures adopted by the WRIA 8 Salmon Recovery Council, the WRIA 8 200 Salmon Recovery Council shall take action on a dual-majority basis, as follows: 201 5.1.2.1 Each party, through its appointed representative, may cast its weighted - 202 vote in connection with a proposed WRIA 8 Salmon Recovery Council 203 action. 204 5.1.2.2 The weighted vote of each party in relation to the weighted votes of each 205 of the other parties shall be determined by the percentage of the annual 206 contribution by each party set in accordance with Subsection 4.2.1 in the 207 year in which the vote is taken. 208 5.1.2.3 For any action subject to weighted voting to be deemed approved, an 209 affirmative vote must be cast by both a majority of the active party 210 members to this Agreement and by a majority of the weighted votes of 211 the active party members to this Agreement. No action shall be valid 212 and binding on the parties to this Agreement until it shall receive majority 213 of votes of both the total number of active party members to the 214 Agreement and of the active members representing a majority of the 215 annual budget contribution for the year in which the vote is taken. A vote 216 of abstention shall be recorded as a"no"vote. 217 5.2 The party members on the WRIA 8 Salmon Recovery Council may deem it appropriate 218 to appoint to the WRIA 8 Salmon Recovery Council non-party stakeholder 6 Final WRIA 8 ILA August 1,2006 219 representatives and other persons who are appropriate for the implementation and 'k'220 adaptive management of the WRIA 8 Plan. 221 5.2.1 Nomination of such non-party members may be made by any member of the 222 WRIA 8 Salmon Recovery Council. Appointment to the WRIA 8 Salmon 223 Recovery Council of such non-party members requires either consensus or dual 224 majority of party members as provided in Section 5.1. 225 5.2.2 The party members on the WRIA 8 Salmon Recovery Council may deem it 226 appropriate to allow non-party members to vote on particular WRIA 8 Salmon 227 Recovery Council decisions. The party members may determine which issues 228 are appropriate for non-party voting by either consensus or majority as provided 229 in Sections 5.1, except in the case where legislation requires non-party member 230 votes. 231 5.2.3 Decisions of the entire WRIA 8 Salmon Recovery Council, both party and non- 232 party members, shall be made using a consensus model as much as possible. 233 Voting of the entire WRIA 8 Salmon Recovery Council will be determined by 234 consensus or majority as provided in Sections 5.1 and a majority of the non-party 235 members. 236 6. ADAPTIVE MANAGEMENT OF THE WRIA 8 CHINOOK SALMON CONSERVATION PLAN. '37 The WRIA 8 Plan shall be implemented with an adaptive management approach. Such an '46138 approach anticipates updates and amendments to the WRIA 8 Plan. Such amendments to be 239 effective and binding must comply with the following provisions: 240 6.1 The WRIA 8 Salmon Recovery Council shall act to approve or remand any WRIA 8 241 Plan amendments prepared and recommended by the committees of the WRIA 8 242 Salmon Recovery Council within ninety(90)days of receipt of the plan amendments, 243 according to the voting procedures described in Section 5. 244 6.2 In the event that any amendments are not so approved, they shall be returned to the 245 committees of the WRIA 8 Salmon Recovery Council for further consideration and 246 amendment and thereafter returned to the WRIA 8 Salmon Recovery Council for 247 decision. 248 6.3 After approval of the WRIA 8 Plan amendments by the WRIA 8 Salmon Recovery 249 Council, the plan amendments shall be referred to the parties to this Agreement for 250 ratification prior to the submission to any federal or state agency for further action. 251 Ratification means an affirmative action, evidenced by a resolution, motion, or ordinance 252 of the jurisdiction's legislative body, by at least nine(9)jurisdictions within WRIA 8 253 representing at least seventy per cent(70%)of the total population of WRIA 8. Upon 754 ratification, the WRIA 8 Salmon Recovery Council shall transmit the updated WRIA 8 *,,i Plan to any state or federal agency as may be required for further action. 7 Final WRIA 8 ILA August 1,2006 256 6.4 In the event that any state or federal agency to which the WRIA 8 Plan or amendments 257 thereto are submitted shall remand the WRIA 8 Plan or amendments thereto for further 258 consideration, the WRIA 8 Salmon Recovery Council shall conduct such further 259 consideration and may refer the plan or amendments to the committees of the WRIA 8 260 Salmon Recovery Council for recommendation on amendments thereto. 261 6.5 The parties agree that any amendments to the WRIA 8 Plan shall not be forwarded 262 separately by any of them to any state or federal agency unless it has been approved 263 and ratified as provided herein. 264 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES. 265 7.1 Each party shall be responsible for meeting its financial obligations hereunder as 266 described in Section 2.1 and established in the annual budget adopted by the WRIA 8 267 Salmon Recovery Council under this Agreement and described in Section 4.2.1. 268 The maximum funding responsibilities imposed upon the parties during the first year of 269 this Agreement shall not exceed the amounts set forth in Exhibit A, which shall be 270 updated every third year as described in Section 4.2.1. 271 7.2 No later than September 1 of each year of this Agreement, the WRIA 8 Salmon 272 Recovery Council shall adopt a budget, including its overhead and administrative costs, 273 for the following calendar year. The budget shall propose the level of funding and other 274 (e.g. staffing)responsibilities of the individual parties for the following calendar year and 275 shall propose the levels of funding and resources to be allocated to specific prioritized 276 implementation and adaptive management activities within the WRIA. The parties shall 277 thereafter take whatever separate legislative or other actions that may be necessary to 278 timely address such individual responsibilities under the proposed budget, and shall have 279 done so no later than December 1st of each such year. 280 7.3 Funds collected from the parties or other sources on behalf of the WRIA 8 Salmon 281 Recovery Council shall be maintained in a special fund by King County as Fiscal Agent 282 and as ex officio treasurer on behalf of the WRIA 8 Salmon Recovery Council pursuant 283 to rules and procedures established and agreed to by the WRIA 8 Salmon Recovery 284 Council. Such rules and procedures shall set out billing practices and collection 285 procedures and any other procedures as may be necessary to provide for its efficient 286 administration and operation. Any party to this Agreement may inspect and review all 287 records maintained in connection with such fund at any reasonable time. 288 8. LATECOMERS. A county or city government in King or Snohomish County lying wholly or 289 partially within the management area of WRIA 8 and the Lake Washington-Cedar and 290 Sammamish watershed basins and adjacent Puget Sound drainages which has not become a 291 party to this Agreement within twelve(12)months of the effective date of this Agreement may 292 become a party only with the written consent of all the parties. The provisions of Section 5 Nod 8 Final WRIA 8 ILA August 1,2006 • 293 otherwise governing decisions of the WRIA 8 Salmon Recovery Council shall not apply to 294 Section 8. The parties and the county or city seeking to become a party shall jointly determine 295 the terms and conditions under which the county or city may become a party. These terms and 296 conditions shall include payment by such county or city to the parties of the amount determined 297 jointly by the parties and the county or city to represent such county or city's fair and 298 proportionate share of all costs associated with activities undertaken by the WRIA 8 Salmon 299 Recovery Council and the parties on its behalf as of the date the county or city becomes a party. 300 Any county or city that becomes a party pursuant to this section shall thereby assume the general 301 rights and responsibilities of all other parties to this Agreement. 302 9. TERMINATION. This Agreement may be terminated by any party, as to that party only, upon 303 sixty(60)days'written notice to the other parties. The terminating party shall remain fully 304 responsible for meeting all of its funding and other obligations through the end of the calendar 305 year in which such notice is given, together with any other costs that may have been incurred on 306 behalf of such terminating party up to the effective date of such termination. This Agreement may 307 be terminated at any time by the written agreement of all parties. It is expected that the makeup 308 of the parties to this Agreement may change from time to time. Regardless of any such changes, 309 the parties choosing not to exercise the right of termination shall each remain obligated to meet 310 their respective share of the obligations of the WRIA 8 Salmon Recovery Council as reflected in '11 the annual budget. 12 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law, and for the 313 limited purposes set forth in this agreement, each party shall protect, defend, hold harmless and 314 indemnify the other parties, their officers, elected officials, agents and employees, while acting 315 within the scope of their employment as such, from and against any and all claims(including 316 demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature 317 whatsoever)arising out of or in any way resulting from such party's own negligent acts or 318 omissions related to such party's participation and obligations under this agreement. Each party 319 agrees that its obligations under this subsection extend to any claim, demand and/or cause of 320 action brought by or on behalf of any of its employees or agents. For this purpose, each party, by 321 mutual negotiation, hereby waives, with respect to the other parties only, any immunity that would 322 otherwise be available against such claims under the industrial insurance act provisions of Title 323 51 RCW. The provisions of this subsection shall survive and continue to be applicable to parties 324 exercising the right of termination pursuant to Section 9. 325 11. NO ASSUMPTION OF LIABILITY. In no event do the parties to this Agreement intend to assume 326 any responsibility, risk or liability of any other party to this Agreement or otherwise with regard to 327 any party's duties, responsibilities or liabilities under the Endangered Species Act, or any other 328 act, statute or regulation of any local municipality or government, the State of Washington or the United States. 9 Final WRIA 8 ILA August 1,2006 330 12. VOLUNTARY AGREEMENT.This is a voluntary agreement and it is acknowledged and agreed 331 that, in entering into this Agreement, no party is committing to adopt or implement any actions or 332 recommendations that may be contained in the WRIA 8 Plan pursuant to this Agreement. 333 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or 334 more of the parties to this Agreement from choosing or agreeing to fund or implement any work, 335 activities or projects associated with any of the purposes hereunder by separate agreement or 336 action, provided that any such decision or agreement shall not impose any funding, participation 337 or other obligation of any kind on any party to this Agreement which is not a party to such 338 decision or agreement. 339 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be 340 construed to, create any rights in any third party, including without limitation the non-party 341 members, NMFS, USFWS, any agency or department of the United States, or the State of 342 Washington, or to form the basis for any liability on the part of the WRIA 8 Salmon Recovery 343 Council or any of the parties, or their officers, elected officials, agents and employees, to any 344 third party. 345 15. AMENDMENTS.This Agreement may be amended, altered or clarified only by the unanimous 346 consent of the parties to this Agreement, represented by affirmative action by their legislative 347 bodies. 348 16. COUNTERPARTS. This Agreement may be executed in counterparts. 349 17. APPROVAL BY PARTIES'GOVERNING BODIES. The governing body of each party must 350 approve this Agreement before any representative of such party may sign this Agreement. 351 18. FILING OF AGREEMENT. This Agreement shall be filed by King County and Snohomish 352 County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of 353 Section 3 herein. 354 355 356 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below: 357 358 Approved as to form: TOWN OF BEAUX ARTS VILLAGE 359 360 By: By: 361 362 Title: Title: 363 364 Date: Date: 365 10 Final WRIA 8 ILA August 1,2006 • 365 Approved as to form: CITY OF BELLEVUE Now 366 367 By: By: 368 369 Title: Title: 370 371 Date: Date: 372 373 374 Approved as to form: CITY OF BOTHELL 375 376 By: By: 377 378 Title: Title: 379 380 Date: Date: 381 382 '83 Approved as to form: CITY OF CLYDE HILL 84 385 By: By: 386 387 Title: Title: 388 389 Date: Date: 390 391 392 Approved as to form: CITY OF EDMONDS 393 394 By: By: 395 396 Title: Title: 397 398 Date: Date: 399 Now 11 Final WRIA 8 ILA August 1,2006 399 Approved as to form: TOWN OF HUNTS POINT 400 'ovule 401 By: By: 402 403 Title: Title: 404 405 Date: Date: 406 407 Approved as to form: CITY OF ISSAQUAH 408 409 By: By: 410 411 Title: Title: 412 413 Date: Date: 414 415 416 Approved as to form: CITY OF KENMORE 417 418 By: By: 419 420 Title: Title: 421 422 Date: Date: 423 424 425 Approved as to form: CITY OF KENT 426 427 By: By: 428 429 Title: Title: 430 431 Date: Date: 432 12 Final WRIA 8 ILA August 1,2006 432 Approved as to form: KING COUNTY 'tor v433 434 By: By: 435 436 Title: Title: 437 438 Date: Date: 439 440 441 Approved as to form: CITY OF KIRKLAND 442 443 By: By: 444 445 Title: Title: 446 447 Date: Date: 448 449 '50 Approved as to form: CITY OF LAKE FOREST PARK 14111.4'51 452 By: By: 453 454 Title: Title: 455 456 Date: Date: 457 458 459 Approved as to form: CITY OF MAPLE VALLEY 460 461 By: By: 462 463 Title: Title: 464 465 Date: Date: 466 13 Final WRIA 8 ILA August 1,2006 466 Approved as to form: CITY OF MEDINA 467 468 By: By: 469 470 Title: Title: 471 472 Date: Date: 473 474 475 Approved as to form: CITY OF MERCER ISLAND 476 477 By: By: 478 479 Title: Title: 480 481 Date: Date: 482 483 484 Approved as to form: CITY OF MILL CREEK 485 Nod 486 By: By: 487 488 Title: Title: 489 490 Date: Date: 491 492 493 Approved as to form: CITY OF MOUNTLAKE TERRACE 494 495 By: By: 496 497 Title: Title: 498 499 Date: Date: 500 14 Final WRIA 8 ILA August 1,2006 500 Approved as to form: CITY OF MUKILTEO x+'501 502 By: By: 503 504 Title: Title: 505 506 Date: Date: 507 508 509 Approved as to form: CITY OF NEWCASTLE 510 511 By: By: 512 513 Title: Title: 514 515 Date: Date: 516 517 18 Approved as to form: CITY OF REDMOND 19 520 By: By: 521 522 Title: Title: 523 524 Date: Date: 525 526 527 Approved as to form: CITY OF RENTON 528 529 By: By: 530 531 Title: Title: 532 533 Date: Date: 534 15 Final WRIA 8 ILA August 1,2006 534 Approved as to form: CITY OF SAMMAMISH 535 Neste 536 By: By: 537 538 Title: Title: 539 540 Date: Date: 541 542 543 Approved as to form: CITY OF SEATTLE 544 545 By: By: 546 547 Title: Title: 548 549 Date: Date: 550 551 552 Approved as to form: CITY OF SHORELINE 553 `" 554 By: By: 555 556 Title: Title: 557 558 Date: Date: 559 560 561 Approved as to form: SNOHOMISH COUNTY 562 563 By: By: 564 565 Title: Title: 566 567 Date: Date: 568 16 Final WRIA 8 ILA August 1,2006 568 Approved as to form: CITY OF WOODINVILLE "rrr 569 570 By: By: 571 572 Title: Title: 573 574 Date: Date: 575 576 Approved as to form: TOWN OF YARROW POINT 577 578 579 By: By: 580 581 Title: Title: 582 583 Date: Date: 17 Final WRIA 8 ILA August 1,2006 Exhibit A - Updated 6-15-06 FINAL Regional Watershed Funding WRIA Based Cost-share: WRIA 8 Only $501,063 Average of Pop,AV,Area WRIA 08 Population(Pop) Assessed Value(AV) Area WRIA 08 Sq.Mi. Beaux Arts 273 0.0% $92,776,000 0.0% 0.08 0.0% 0.0% $137 Beaux Arts Bellevue 113521 8.8% $21,614,400,035 10.1% 31.81 6.9% 8.6% $43,121 Bellevue Bothell 16,600 1.3% $2,383,086,200 1.1% 5.63 1.2% 1.2% $6,053 Bothell Clyde Hill 2624 0.2% $1,163,326,000 0.5% 1.06 0.2% 0.3% $1,633 Clyde Hill Hunts Point 551 0.0% $631,691,500 0.3% 0.28 0.1% 0.1% $666 Hunts Point Issaquah 17441 1.4% $3,930,341,856 1.8% 11.36 2.5% 1.9% $9,446 Issaquah Kenmore 19811 1.5% $2,327,085,450 1.1% 6.11 1.3% 1.3% $6,599 Kenmore Kent 206 0.0% $30,127,800 0.0% 0.49 0.1% 0.0% $228 Kent King County(Uninc.) 170156 13.2% $25,657,259,834 12.0% 174.29 37.8% 21.0% $105,242 King County(Uninc.) Kirkland 42573 3.3% $7,415,403,959 3.5% 10.51 2.3% 3.0% $15,118 Kirkland Lake Forest Park 13254 1.0% $1,752,445,211 0.8% 3.51 0.8% 0.9% $4,358 Lake Forest Park Maple Valley 2702 0.2% $474,585,300 0.2% 1.3 0.3% 0.2% $1,192 Maple Valley Medina 2800 0.2% $2,419,412,700 1.1% 1.41 0.3% 0.6% $2,764 Medina Mercer Island 21055 1.6% $6,689,373,386 3.1% 6.21 1.3% 2.0% $10,204 Mercer Island Newcastle 10965 0.9% $1,444,911,024 0.7% 4.47 1.0% 0.8% $4,169 Newcastle Redmond 48331 3.7% $9,096,572,542 4.3% 16.25 3.5% 3.8% $19,257 Redmond Renton 42579 3.3% $5,014,423,494 2.3% 11,28 2.4% 2.7% $13,522 Renton Sammamish 32481 2.5% $6,148,330,366 2.9% 17.11 3.7% 3.0% $15,211 Sammamish Seattle 422248 32.8% $75,516,155,694 35.3% 54.6 11.8% 26.6% $133,491 Seattle Shoreline 53017 4.1% $6,738,318,837 3.2% 11.61 2.5% 3.3% $16,340 Shoreline Woodinville 10965 0.9% $1,996,556,907 0.9% 5.66 1.2% 1.0% $5,031 Woodinville Yarrow Point 972 0.1% $589,088,300 0.3% 0.36 0.1% 0.1% $717 Yarrow Point Bothell 15090 1.2% $2,259,238,300 1.1% 6.39 1.4% 1.2% $6,036 Bothell Edmonds 39070 3.0% $5,934,090,139 2.8% 8.94 1.9% 2.6% $12,938 Edmonds Mill Creek 16817 1.3% $2,274,491,533 1.1% 4.56 1.0% 1.1% $5,608 Mill Creek Mountlake Terrace 20087 1.6% $1,903,327,160 0.9% 4.17 0.9% 1.1% $5,601 Mountlake Terrace Mukilteo 17626 1.4% $2,880,303,500 1.3% 5.93 1.3% 1.3% $6,683 Mukilteo Sno.Co.(Uninc.) 135154 10.5% $15,419,132,162 7.2% 55.59 12.1% 9.9% $49,700 Snoh.Co.(Uninc.) Totals 1288969 100.0% $213,796,255,189 100.0% 460.97 100.0% 100.0% $501,063 Totals $501,063 NOTE: King County land area excludes the Upper Cedar basin WRIA 8 Forum 2007 Final Budget Summary REVENUE: ILA Cost Shares $501,063 WDFW Lead Entity Grant $ 60,000 Total $561,063 EXPENDITURE: Staff(3.5 FTE) and Overhead $405,349 Operations $ 96,000 Total $501,349 BALANCE: $59,714 To be used for monitoring needs identified by the WRIA 8 Technical Committee. GRANT REVENUE AND EXPENDITURES: King Conservation District Funds and Grants $1,235,370 Note: King Conservation District Grant Funds are a one year authorization and assessment for 2006. A new reauthorization and allocation will need to occur for these funds and grants to continue in 2007. 9/26/2006 Approved 6-15-06 WRIA 8 Forum 2007 Budget WRIA 8 Forum - 2007 BUDGET Approved June 15, 2006 I REVENUES 2007 ILA Cost Share 501,063 Lead Entity Grant 60,000 Kind Conservation District Funds 1,235,370' Revenue Total 1,796,443 EXPENDITURES Staffing2and Overhead WRIA Coordinator 101,055 Projects and Funding Coordinator 94,209 Administrative Support(%2 FTE) 33,808 Technical Coordination ( 3/ FTE Technical Coordinator and 1/4 FTE Technical Support) 96,457 Overhead Cost(32%on salaries) 79,820 Staffing Sub-total 405,349 Operations Meeting and Event support 3,500 Mileage and Vehicle Use 2,500 Communications 8,000 Supplies and Training 2,000 Consultant-Database 8,000 Facilitation 6,000 EDT License 10,000 Consultant-Communication 56,000 ,Operations Sub-total 96,000 Staffing, Operations,and Overhead Expenditures Sub-Total 501,349 KingC'nnservation Distt'i(t Grants ; 1,235;3703 Expenditure Totals 1,736,719 ILA and Lead Entity Reveuae.{$561,063) minus ILA Expenditures($504349) 59,714 Balance to be usedfor**toting ng needs identified by the WRIA S Technieal Committee Amount dependent upon KCD reauthorization and allocation. 2 Staffing costs for King County employees includes salary,benefits,retirement,industrial insurance,and OASI. 3 Amount spent will be dependent upon amount collected and distributed to WRIA Forums. 9/26/2006 Approved 6-15-06 WRIA 8 Forum 2007 Budget Comparison of 2006 and Proposed 2007 WRIA 8 Budget 'la '' Total Revenues and Expenditures June 15,2006 REVENUES 2006 Proposed 2007 ILA Cost Share 501,063 ILA Cost Share 501,063 King Conservation District 660,0004 Lead Entity Grant 60,000 Lead Entity 60,000 King Conservation District Funds 1,235,370 Revenue Total 1,221,063 Revenue Total 1,796,443 I EXPENDITURES f Staffing Proposed Staffing WRIA Coordinator 126,470 WRIA Coordinator 101,055 Program Manager 102,149 Projects and Funding Coordinator 94,209 Projects and Funding Coordinator 117,787 Administrative Support( '/3 FTE) 33,808 Administrative Support 35,787 Technical Coordination ( 3/ FTE ( 'A FTE) Tech Coordinator and 'A FTE Technical Support) 96,457 Technical Coordination ('A FTE 102,382 Technical Coordinator and%2 FTE Overhead Cost(32%on salaries) 79,820 Technical Support) Sub-total 484,575 Staffing Sub-total 405,349 Operations Operations Meeting and Event support 2,000 Meetin' and Event support 3,500 leage and Vehicle Use 2,500 Mileage and Vehicle Use 2,500 'communications 10,000 Communications 8,000 Supplies and Training 2,500 Supplies and Training 2,000 Consultants 18,000 Consultant-Database 8,000 Facilitation 15,000 Facilitation 6,000 EDT License 10,000 EDT License 10,000 Consultant-Communication 56,000 Sub-total 60,000' Operations Sub-total 96,000 Staffing and Operations Tats'- 544,575 Staffing Operations, and Overhead Expenditures 501,349 Sub-Total Projects,Stewardship,Studies King Conservation District Grants 1,235,370$ KCD Grants 660,000 Unallocated-to be allocated or 16,488 returned Expenditure Totals 1,736,719 Projects,Stewardship,Studies Total 660,0.00 ILA and Lead Entity Revenue ($561,063). 59,714 minus ILA Expenditures ($501,349) 'enditure Total `: 1,221,0631 Nome 9/26/2006 Approved 6-15-06 WRIA 8 Forum 2007 Budget 2007 ILA WRIA 9 Staffing and Funding Plan Comparison of 2006 and 2007 Total Cost Shares May 9, 2006 Management Committee Recommendation V.. ..tee h"�' • !� ! f :' �„q;•Rt .- .. a, rF .a?ar , ' �;..<...aS'�L,#.; .,'�.=`'�AY %,"," <`'u':,. .<k.�'�.•a .�t�°•:4��,t `•;f 'Watershed Coordinator $129,500 ;Habitat Plan Monitoring and Adaptive Management $109,700 ,Outreach & Education/Program Reporting $53,600 Administrative Assistant $35,800 $328,600 Operations • Meeting and Event Support $3,000 • Supplies and Training $12,000 • Postage and Communication $13,000 • Mileage and Vehicle Use $4,000 • Facilitation/Professional Assessment $8,000 $40,000 2006 TOTAL ILA Cost Share $368,600; Watershed Coordinator $135,975 Habitat Plan Monitoring and Adaptive Management $115,185 !Outreach & Education/Program Reporting $56,280 jAdministrative Assistant $37,590 $345,030 Operations • Meeting and Event Support $3,000 • Supplies and Training $12,000 • Postage and Communication $13,000 ' • Mileage and Vehicle Use $4,000 • Facilitation $8,000 $40,000 !2007 TOTAL ILA Cost Share $385,030, 2007 ILA WRIA 9 Staffing and Funding.xls 2007 WRIA 8 - Service Provider Staffing for WRIA 8—6-15-06 NOTE: 1)The Service Provider uses a team approach, which means that staff involve and coordinate with other team members as appropriate based on expertise, respective committee coordination, and related job duties. In most instances, only the lead staff on a particular task is shown in the table below for ease of review. 2)Additional fir° tables for other major work areas are shown below the service provider staff. Job Position Title Time Classification Job Duties Project/ Watershed • Schedule and staff four to five Salmon Recovery Council Program Coordinator meetings and one to three Management Committee meetings per Manager IV (title change in 0.40 year at key decision points. Develop materials for proposed work process) program, staffing plan, budget, and meetings. • Administration, contracts, billings, staff supervision, and conduct 1.0 FTE hiring of staff or consultants. • Maintain elected relations and provide briefings. • Present reports on regional coordination—Federal, State, Puget 0.15 Sound, and WRIAs to Forum/Steering Committee. • Coordinate with NOAA Fisheries and U.S. Fish and Wildlife— policy. • Track state and federal funding and legislation. • Develop letters, notices, communications, and Salmon Recovery Council, and Management Committee meeting handouts. • Build relations between jurisdictions and organizations. • Respond to citizen inquires on WRIA 8 process. 0.25 • Schedule and staff 2-3 communication/outreach committee mtgs. • Communicate with press. Maintain and grow media relations and coverage of work. • Oversee Development and clearly communicate a vision of the plan's desired outcomes to more easily gain long-term support. Support the Forum/Steering Committee as a credible and objective voice for salmon conservation in the watershed. • Participate in Shared Strategy's Watershed Leads meetings. • Provide staff support to WRIA 8 Forum's Watershed Representative to Shared Strategy's Puget Sound Salmon 0.20 Recovery Council. • Participate in Lead Entity Advisory Group meetings. • Participate in cross-WRIA meetings and activities. • Participate in activities from the Puget Sound Partnership. ILA Services Staffing for WRIA 8 in 2007 9/26/2006 1 Job Position Title Time Job Duties Classification Project/ Project and 0.15 • Research and pursue other creative fundraising options, Program Funding i.e., private donor searches, Non-profit partnerships; Wor Manager III Coordinator(title one-one one(e.g. give presentations and host tours)with change in non-profit organizations to gain project support for on-the- process) ground work. • Work with Forum to advocate for state and federal funding 1.0 FTE allocations (Corps funding/Lake Washington GI effort included). 0.20 • Schedule and staff eight to twelve Implementation Committee meetings, includes staff support to Project Subcommittee. • Coordinate with WRIA 8 partners and stakeholders to develop programmatic milestones to measure implementation progress • Coordinate annual accomplishments and implementation milestones. 0.35 • Coordinate project and program grant recommendations and progress reports—SRFB and KCD. o Develop criteria, RFP, schedule, timeline. o Lead ranking and selection process. o Provide presentations on project and program proposals to SRFB Review panel, SRF Board, and KCD Board. o Track progress, status of all grants. o Process grant amendments. 0.20 • Work with cities,federal, state and other organizations to encourage implementation of identified projects consistent with watershed project list and the Plan by providing background, assistance, data, coordination, advocacy, etc. • Track implementation of plan actions—project and programmatic and technical monitoring. • Develop and maintain a clear capital project list that can be "marketed" to jurisdictions' capital improvement project programs, non-profit organizations, willing landowners and funding sources. (Including a mix of public lands and private lands with willing landowners) • Work with the Corps of Engineers and local sponsors to seek funding and implementation of projects through the General Investigation Ecosystem Restoration Project. 0.10 • Identify and draft proposed plan amendments and plan addendums. • Respond to citizen inquires on WRIA 8 process. • Conduct site visits for congressional staff. Project/ Technical 0.30 • Coordinate implementation of WRIA 8 monitoring activities with Program Coordinator local jurisdictions, agencies, stakeholders, other WRIAs, and Manager III 1.0 FTE Tribal governments. • Staff, facilitate,and schedule Technical Committee meetings. ILA Services Staffing for WRIA 8 in 2007 9/26/2006 2 Job Classification Position Title Time Job Duties Note: This position • Identify appropriate sampling design and protocols necessary to is located in the monitor and evaluate plan implementation. Ensure that data 4wire Science Unit per 0.10 from multiple parties can be aggregated and compared. the • Compile and assess on-going and proposed habitat and salmon recommendation monitoring to identify monitoring and evaluation gaps. of the Technical • Summarize and report progress on effectiveness monitoring for annual report(note that Chapter 2 of Plan calls for reporting on Committee. direct effectiveness of a sub-set of actions in year 3 and cumulative effectiveness in year 5). • Identify and draft proposed plan amendments and plan addendums. • Coordinate technical reports and adaptive management recommendations. 0.20 • Gather and utilize information on broad water resource issues such as water quality, ground water, flood hazard reduction and water quantity to have cogent discussion of watershed issues at the Forum. • Develop scopes necessary to implement the monitoring and evaluation strategy using protocols recommended by NOAA Fisheries. • Respond to Technical inquires on WRIA 8 process. 0.05 • Organize and oversee technical services contractors to carry out specific technical tasks (e.g., related to monitoring and data management). 0.05 • Work with NOAA Fisheries Technical Recovery Team (TRT) • Coordinate with other Shared Strategy work groups, such as H- integration, or Puget Sound technical groups. • Coordinate and update EDT modeling with regional land use and hydrologic modeling(e.g., Puget Sound Regional Council)and 0.10 other new habitat information to compare the expected effects of plan actions as needed. • Participate in Shared Strategy Adaptive Management Work Group. Administrativ Half-time • Provide administrative support to WRIA 8 Forum and WRIA 8 e Specialist Administrative 0.28 Steering Committee(schedule meetings, write meeting notes and III Coordinator handouts), and WRIA 8 Service Provider staff. 0.5 FTE • Assist with budget development and tracking, and trimester 0.16 reporting and billings. • Maintain email distribution lists, and distribute letters, notices, and communications. • Process grant amendments. • Address brant budget and financial issues. • Update Website. Continue to clearly communicate progress of 0.06 plan implementation to stakeholders. Communicate the leadership and community activities that work toward salmon conservation. • Maintain archives and records. Below: Additional tables show the work that will be provided by other means than the ILA Service Provider staff Communications Consultant—to provide sophisticated,multi-modal communication tools, litre training, etc, for use by civic leaders, elected officials,public affairs staff within jurisdictions, watershed coordinator, and others. • Create messages for the Leaders Group Members to use during speaking opportunities to build partnerships around a"shared vision"with other county and city agencies, and with the General Public. • Develop Messages for annual tours—Congressional, Forum, Steering Committee, Jurisdictional ILA Services Staffing for WRIA 8 in 2007 9/26/2006 3 Partners. • Maintain and grow media relations and coverage of work. • Develop communication tool to regularly update and inform local, state and federal elected officials on progress of plan implementation. • Produce Annual Progress Reports. • Refine and utilize"State of the Watershed" communication tool (e.g. report or database)to house cross jurisdictional information available on the watershed to aid in decision making and track watershed-wide issues • Update press packets, public information sheets, funding packets. • Update Website. Continue to clearly communicate progress of plan implementation to stakeholders. Communicate the leadership and community activities that work toward salmon conservation. (This is message development—task is also in Administrative Assistant). • Edit proposed plan amendments and plan addendums (technical writer roll-up) Consultant—Database(completing Fall 2006 work) • Coordinate with WRIA 7 and 9 and Snohomish County on a project and programmatic actions shared plan tracking database in GIS. • Maintain data sharing system Implementation by Jurisdictional Staff, and Stakeholder Organizations Jurisdictional Staff and • (.01) RESPOND TO CITIZEN INQUIRES ON WRIA 8 Stakeholder Partners PROCESS. • (.05)Coordinate with jurisdictional partners to engage citizen Note: Some of this work would be volunteers for outreach and education projects(school presentations; community projects). within individual jurisdictions or • (.10) Host four or more Implementation Committee meetings. stakeholder organizations and some • (.05) Participate in Implementation Committee to facilitate would be the work program for the implementation of programmatic actions: outreach and Implementation Committee. education; incentives; best management practices; ,, collaboration; regulatory flexibility; studies; innovations for Note: This is 1 FTE (2080 hours)of stormwater and shorelines; support for regulations; and work if in a centralized position. For stewardship. • (0.25)Coordinate with jurisdictional partners, organizations, each of the jurisdictional staff that other interested parties, and Service Provider team to participates this would represent a develop appropriate tools to facilitate implementation of the commitment of 6 to 7 weeks of time. programmatic actions, such as workshops, information This time estimate is based on 5 to 9 exchanges, peer matching, training, and fact sheets. current Staff Committee members • (0.25) Seek ways to implement project and programmatic who participant on a regular basis. actions through other processes, e.g., flood plan implementation, critical areas ordinances, shoreline master programs, stormwater management programs, stewardship and other education programs, etc • (.03)Coordinate with WRIA 8 partners and stakeholders to develop programmatic milestones to measure implementation progress • (.02)Coordinate annual accomplishments and implementation milestones. • (.05)Coordinate programmatic actions reports. • (.05) Build relationships between jurisdictions and organizations. • (.08) Identify and draft proposed plan amendments and plan addendums. • (.02)Coordinate and work with watershed groups to facilitate volunteer events that support the WRIA plan actions, such as riparian planting events. • (0.02) Conduct congressional staff site visits • (0.1) Participate in Communications Committee • Participate in technical work and Technical Committee ILA Services Staffing for WRIA 8 in 2007 9/26/2006 4 INTERLOCAL AGREEMENT Nome For the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area 9(which includes portions of Water Resource Inventory Areas 8, 10, and 15) PREAMBLE THIS AGREEMENT ("Agreement") is entered into pursuant to Chapter 39.34 RCW by and among the eligible county and city governments signing this Agreement that are located in King County or Pierce County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and management area of Watershed Resource Inventory Area 9 ,which includes portions of WRIA 8, 10, and 15, ("WRIA 9")all political subdivisions of the State of Washington ( individually, for those signing this agreement, "Party", and collectively"Parties"); WHEREAS, the planning and management area of WRIA 9 includes all of the area recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15; WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems of the Green River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for planning, funding and implementation of various activities and projects therein; and WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001- 'lour 2005 to develop "Making Our Watershed Fit for a King" ("Salmon Habitat Plan"), contributed to the Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in the implementation of such plans; and WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed ecosystem services are worth billions of dollars of value to local people in terms of stormwater management, pollution treatment, recreational value, and other expensive and difficult to replace services; and WHEREAS, the Parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision-making bodies regarding actions in response to listings under the Endangered Species Act("ESA"); and WHEREAS, the Parties have prioritized and contributed resources and funds for implementing projects and programs to protect and restore habitat; and WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon Habitat Plan through adaptive management; and WHEREAS, the Parties wish to continue to use adaptive management for identifying, coordinating and implementing basin plans and water quality, flood hazard reduction, water quantity, and habitat projects in the watersheds; and WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06; legal review complete) Page 1 0 WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and Central Puget Sound Watersheds to the overall health of Puget Sound; and WHEREAS, the Parties have a strong interest in participating on the Lead Entity Advisory Group and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the Salmon Habitat Plan; and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Partnership to develop recommendations to restore the Puget Sound to health and sustain that health by 2020; and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently; and WHEREAS, individual Parties are taking separate and independent actions to improve the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and the overall health of Puget Sound; NOW,THEREFORE, the Parties hereto do mutually covenant and agree as follows: MUTUAL CONVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for participation in this Agreement as parties are King County, and the Cities of Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any newly incorporated city that lies fully or partially within the boundaries of WRIA 9. 1.2 WRIA 9 WATERSHED FORUM: The WRIA 9 Watershed Forum created herein is the governing body responsible for implementing this Agreement. The WRIA 9 Watershed Forum is comprised of designated representatives of eligible governments who have authorized the execution of and become Parties to this Agreement. 1.3 WRIA 9 STEERING COMMITTEE: The WRIA 9 Steering Committee referred to herein is the cooperative body comprised of a balance of stakeholder representatives and any other persons who are deemed by the Parties to this Agreement to be appropriate members for the implementation of the Salmon Habitat Plan. 1.4 GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green/Duwamish and Central Puget Sound Watershed Water Resource Inventory Area 9 Salmon Habitat Plan is the plan developed by the WRIA 9 Steering Committee and ratified by all of the parties to an interlocal agreement for its development. The Salmon Habitat WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06;legal review complete) Page 2 0 Plan recommends actions that should be taken from 2006 through 2015 (ten years) to *11.0' protect and restore salmon habitat, using an ecosystem approach, in the Green/Duwamish and Central Puget Sound Watersheds. This Salmon Habitat Plan may be amended from time to time according to the procedure in Section 6 herein and approved amendments shall be considered integral parts of the Salmon Habitat Plan. Efforts under the Salmon Habitat Plan are intended to complement habitat improvements in other parts of Puget Sound and hatchery and harvest actions to recover Puget Sound Chinook salmon and bull trout. The Salmon Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan. 1.5 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists of seven (7) elected officials or their designees. The seven elected officials of the Management Committee are chosen by the WRIA 9 Watershed Forum, according to the voting procedures in Section 5 herein, charged with certain oversight and administrative duties on the WRIA 9 Watershed Forum's behalf. 1.6 SERVICE PROVIDER: Service Provider, as used herein, means that agency, government, consultant, or other entity which supplies staffing or other resources to and for the WRIA 9 Watershed Forum, in exchange for payment. The Service Provider may be a Party to this Agreement. 1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government who performs all accounting services for the WRIA 9 Watershed Forum, as it may require, in accordance with the requirements of Chapter 39.34 RCW. 1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA 9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan, which may include but is not limited to environmental and business interests. 2. PURPOSES.The purposes of this Agreement include the following: 2.1 To provide a mechanism to protect and restore the ecological health of the Green/Duwamish Rivers and Central Puget Sound Watersheds. 2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing and coordinating local efforts to address issues with watershed-wide or basin implications, including but not limited to flood hazard reduction, surface and groundwater quality, water quantity, and habitat. 2.3 To provide a mechanism and governance and funding structures for jointly implementing the Salmon Habitat Plan. 2.4 To develop and take actions on key issues during the implementation of the Salmon Habitat Plan. 2.5 To provide a mechanism for cooperative review and implementation of recommended policies and regulations needed for response to listings under the Endangered Species `o'' Act. WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06;legal review complete) Page 3 0 2.6 To provide a venue for the ongoing participation of citizens and other stakeholders in salmon recovery and other watershed efforts and to ensure continued public outreach efforts to educate and garner support for current and future watershed and Endangered Species Act listed species response efforts by local governments and in accordance with the Salmon Habitat Plan. 2.7 To provide a mechanism for securing technical assistance and any available funding from federal, state, and other sources to implement the Salmon Habitat Plan. 2.8 To provide a mechanism for implementing other habitat, surface and groundwater quality, water quantity and flood hazard reduction projects with other local, regional, tribal, state, federal and non-profit funds as may be contributed to or secured by the WRIA 9 Watershed Forum. 2.9 To annually recommend projects for grant funding by the King Conservation District through the King Conservation District's Forum grant program distribution. 2.10 To annually recommend projects for implementation of planning, engineering, permitting and construction tasks for the Green/Duwamish Ecosystem Restoration Projects in partnership with the U.S. Army Corps of Engineers. 2.11 To provide a framework for cooperating and coordinating among the Parties on issues relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in WRIA 9 planning and implementation, to prepare or implement a basin plan, or to respond to any state or federal law which may require these actions as a condition of any funding, permitting or other program of state or federal agencies. Participation is at the discretion of such Party to this Agreement. 2.12 To provide a mechanism to approve and support, through resources, funding from grant sources or other means, implementation of restoration and protection projects and programs. 2.13 To provide a mechanism for on-going monitoring and evaluation of the Salmon Habitat Plan implementation through adaptive management as defined in the Plan. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any jurisdiction, governmental entity or water quality policy bodies including the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by at least five (5) of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Once effective, this Agreement shall remain in effect for an initial term of nine (9) years; provided, however, that this Agreement may be extended for such additional terms as the Parties may agree to in writing with such extension being effective upon its execution by at least five (5) NIS WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06;legal review complete) Page 4 of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by the legislative Now body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such extension shall bind only those Parties executing the extension. 4. ORGANIZATION AND MEMBERSHIP OF THE WRIA 9 WATERSHED FORUM. The Parties to this Agreement hereby establish a WRIA 9 Watershed Forum to serve as the formal governance structure for carrying out the purposes of this Agreement. The WRIA 9 Watershed Forum is a voluntary association of the county and city governments located wholly or partially within the management area of or having a major interest in WRIA 9 who choose to be Parties to this Agreement. 4.1 Each Party to this Agreement shall appoint one (1) elected official to serve as its primary representative, and one (1) alternate representative to serve on the WRIA 9 Watershed Forum. The alternate representative may be a different elected official or senior staff person. 4.2 Upon the effective execution of this Agreement and the appointment of representatives to the WRIA 9 Watershed Forum, the WRIA 9 Watershed Forum shall meet and choose from among its members, according to the provisions of Section 5 herein, seven (7) officials or their designees, to serve as a Management Committee to oversee and direct the scope of work, funds, and personnel agreed to and contributed under this Agreement, in accordance with the adopted annual budget and work program and such other directions as may be provided by the WRIA 9 Watershed Forum. Representatives of the Fiscal Agent and Service Provider may serve as non-voting ex officio members of the Management Committee. The Management Committee shall act as the executive subcommittee of the WRIA 9 Watershed Forum, responsible for oversight and evaluation of any Service Providers or consultants, administration of the budget and work plan, and for providing recommendations on administrative matters to the WRIA 9 Watershed Forum for action, consistent with other subsections of this section. The WRIA 9 Watershed Forum shall consider new appointments or reappointments to the Management Committee every two years following its initial appointments. 4.3 The services cost-shared under this agreement shall be provided to the WRIA 9 Watershed Forum by the Service Provider, which shall be King County Department of Natural Resources and Parks, unless selected otherwise by the WRIA 9 Watershed Forum. The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and a representative of the WRIA 9 Watershed Forum, which shall set out the expectations for services so provided. Services should include, without limitation, identification of and job descriptions for '`k"' dedicated staff in increments no smaller than 0.5 Full Time Equivalent, description of any WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06; legal review complete) Page 5 0 supervisory role retained by the Service Provider over any staff performing services under this Agreement, and a method of regular consultation between the Service Provider and the Management Committee concerning the performance of services hereunder. 4.3.1 A subset of the Parties to this Agreement may purchase and cost share services from the Service Provider in addition to the annual cost-shared services agreed to by all Parties pursuant to Section 4.3 herein. 4.3.2 The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and a representative of the WRIA 9 Watershed Forum, which shall set out the expectations for the additional services so provided to the subset of Parties to this Agreement. 4.4 The WRIA 9 Watershed Forum, by September 1 of each year, shall establish and approve an annual budget that provides for the level of funding and total resource obligations of the Parties for the following calendar year. Such obligations are to be allocated on a proportional basis based on the average of the population, assessed valuation and area attributable to each Party to this Agreement, in accordance with the formula set forth in Exhibit A, which formula and accompanying data shall be updated by the WRIA 9 Watershed Forum when more current data become available. Tacoma's cost share will be determined on an annual basis by the Parties and will be included in the annual updates to Exhibit A. The weight accorded Tacoma's vote for weighted voting pursuant to Section 5 herein shall correspond to Tacoma's cost share for each year relative to the cost shares contributed by the other Parties. 4.4.1 The level of funding, total resource obligations, and allocation of obligations for those members of the Parties that agree to cost share additional services pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those Parties purchasing the additional services. 4.4.2 The WRIA 9 Watershed Forum shall incorporate the negotiated additional cost share and incorporate the services in its annual budget and work plan. 4.5 The WRIA 9 Watershed Forum shall oversee and administer the expenditure of budgeted funds and shall allocate the utilization of resources contributed by each Party or obtained from other sources in accordance with the approved annual work program. 4.6 The WRIA 9 Watershed Forum shall review and evaluate the duties to be assigned to the Management Committee hereunder and the performance of the Fiscal Agent and Service Provider to this Agreement, and shall provide for whatever actions are necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of the purposes of this Agreement. The performance of the Service Provider shall be assessed every three years. WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06;legal review complete) Page 6 4.7 The WRIA 9 Watershed Forum may contract with similar watershed forum governing 'err bodies such as the Puget Sound Shared Salmon Strategy and Puget Sound Partnership or any other entities for any lawful purpose related to the purposes provided for in this agreement. The Parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purpose consistent with the purposes provided for herein. 4.8 The WRIA 9 Watershed Forum shall adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The WRIA 9 Watershed Forum shall make decisions, approve scopes of work, budgets, priorities, and any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 Decisions shall be made using a consensus model as much as possible. Each Party agrees to use its best efforts and exercise good faith in consensus decision-making. Consensus may be reached by unanimous agreement of the Parties. If unanimous agreement of members cannot be reached then the Parties to this agreement may reach consensus by a majority recommendation with a minority report. Any Party who does not accept a majority decision may request weighted voting as set forth below. 5.2 In the event consensus cannot be achieved, as determined by rules and procedures Nw adopted by the WRIA 9 Watershed Forum, the WRIA 9 Watershed Forum shall take action on a dual-majority basis, as follows: 5.2.1 Each Party, through its appointed representative, may cast its weighted vote in connection with a proposed WRIA 9 Watershed Forum action. 5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the other Parties shall be determined by the percentage of the annual contribution made by each Party as set in accordance with Section 4.4 herein in the year in which the vote is taken. 5.2.3 For any action subject to weighted voting to be deemed approved, valid and binding, an affirmative vote must be cast by both a majority of the Parties to this Agreement and by a majority of the weighted votes of the Parties to this Agreement. A vote of abstention shall be recorded as a"no"vote. 6. IMPLEMENTATION OF THE SALMON HABITAT PLAN. The Salmon Habitat Plan shall be implemented consistent with the following: 6.1 The WRIA 9 Steering Committee, which shall be appointed by the WRIA 9 Watershed Forum, shall be an advisory body responsible for making recommendations for implementing the Salmon Habitat Plan to the WRIA 9 Watershed Forum, including substantive plan amendments recommended as a result of adaptive management. The 'Noe WRIA 9 Steering Committee shall provide information to the WRIA 9 Watershed WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06; legal review complete) Page 7 0 Forum regarding progress in achieving the goals and objectives of the Salmon Habitat Plan. Recommendations of the WRIA 9 Steering Committee are to be consistent with Name the purposes of this Agreement. The WRIA 9 Watershed Forum may authorize additional advisory bodies to the WRIA 9 Steering Committee, such as an adaptive management work group. 6.2 The WRIA 9 Watershed Forum shall act to approve or remand any substantive changes to the Salmon Habitat Plan based upon recommendations by the WRIA 9 Steering Committee within ninety (90) days of receipt of the proposed changes, according to the voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan changes are not so approved, the recommended changes shall be returned to the WRIA 9 Steering Committee for further consideration and amendment and thereafter returned to the WRIA 9 Watershed Forum for decision. 6.3 The WRIA 9 Watershed Forum shall determine when ratification is needed of substantive changes to the Salmon Habitat Plan by the Parties. The changes shall be referred to the Parties for ratification prior to the submission to any regional, state, or federal agency for further action. Ratification means an affirmative action, evidenced by a resolution, motion, or ordinance of the local government's legislative body, by at least five Parties representing at least seventy percent (70%) of the total population within the geographic planning and management area of WRIA 9. 6.4 Upon remand for consideration of any portion or all of the Salmon Habitat Plan by any .vrrd regional, state or federal agency the WRIA 9 Watershed Forum shall undertake a review for consideration of the remanded portion or plan. The WRIA 9 Watershed Forum may include further referral to the WRIA 9 Steering Committee for recommendation or amendments thereto. 6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded separately by any Party to any regional, state or federal agency unless the changes have been approved and ratified as provided herein. 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES. 7.1 Each Party shall be responsible for meeting only its individual obligations hereunder as established in the annual budget adopted by the WRIA 9 Watershed Forum under this Agreement, including all such obligations related to the WRIA 9 Watershed Forum and WRIA 9 Steering Committee funding, technical support and participation in related planning and implementation of projects, and activities as set forth herein. It is anticipated that separate actions by the legislative bodies of the Parties will be necessary from time to time in order to carry out these obligations. 7.2 The maximum funding responsibilities imposed upon the parties during each year of this Agreement shall not exceed the amounts that are established annually pursuant to Section 4.4 herein. vad WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06; legal review complete) Page 8 0 7.3 No later than September 1 of each year of this Agreement, the WRIA 9 Watershed Forum shall adopt a budget, including its overhead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other (e.g., staffing) responsibilities of the individual parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized planning and implementation activities within WRIA 9. The Parties shall thereafter take whatever separate legislative or other actions as may be necessary to address such individual responsibilities under the proposed budget, and shall have done so no later than December 1 of each year. Parties may elect to secure grant funding to meet their individual obligations. 7.4 Funds collected from the Parties or other sources on behalf of the WRIA 9 Watershed Forum shall be maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer on behalf of the WRIA 9 Watershed Forum pursuant to rules and procedures established and agreed to by the WRIA 9 Watershed Forum. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. 7.5 Any Party to this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. 8. LATECOMERS. A county or city government in King County lying wholly or partially within the Now management area of or with a major interest in WRIA 9 which has not become a Party to this Agreement within twelve (12) months of the effective date of this Agreement may become a Party by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5 herein otherwise governing decisions of the WRIA 9 Watershed Forum shall not apply to this section. The Parties of the Agreement and any governments seeking to become a Party shall jointly determine the terms and conditions under which a government may become a new Party. The terms and conditions shall include payment of an amount by the new Party to the WRIA 9 Watershed Forum. The amount of payment is determined jointly by the existing Parties of the WRIA 9 Watershed Forum and the new Party. The payment of the new Party is to be a fair and proportionate share of all costs associated with activities undertaken by the WRIA 9 Watershed Forum as of the date the government becomes a new Party. Any government that becomes a Party pursuant to this section shall thereby assume the general rights and responsibilities of all other Parties. 9. TERMINATION. 9.1 The obligations of any Party under this Agreement may be terminated by the Party, through action of its governing body, only upon sixty(60) days' written notice to the other Parties by not later than November 1 for termination effective January 1 of the following year. The terminating Party shall remain fully responsible for meeting all of its funding 'toe and other obligations through the end of the calendar year in which such notice is given, WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06;legal review complete) Page 9 0 together with any other costs that may have been incurred on behalf of such terminating Party up to the effective date of such termination. It is expected that the makeup of the Parties to this Agreement may change from time to time. Regardless of any such ,4•100 changes, the Parties choosing not to exercise the right of termination shall each remain obligated to only meet their respective share of the obligations of the WRIA 9 Watershed Forum as reflected in the annual budget. The shares of any terminating Party shall not be the obligation of any of the Parties not choosing to exercise the right of termination. 9.2 This Agreement may be terminated in its entirety at any time by the written agreement of all of the Parties. 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city and county governments, and federal law as governing to tribes, and for the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other Parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party's own negligent acts or omissions related to such Party's participation and obligations under this Agreement. Each Party to this Agreement agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would ' otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. In the event that either Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. The provisions of this Section shall survive and continue to be applicable to Parties exercising the right of termination pursuant to Section 9 herein. 11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute, regulation or ordinance of any local municipality or government, the State of Washington, or the United States. 12. VOLUNTARY AGREEMENT. This Agreement is voluntary and is acknowledged and agreed that no Party is committing to adopt or implement any actions or recommendations that may be contained in the Salmon Habitat Plan. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Parties from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06;legal review complete) Page 10 0 provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any Party which is not a party to such decision or agreement. Allow 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the National Oceanic and Atmospheric Administration - Fisheries, United States Fish and Wildlife Service, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the WRIA 9 Watershed Forum or any of the Parties, or their officers, elected officials, agents and employees, to any third party. 15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous consent of the Parties to this Agreement, and requires authorization and approval by each Party's governing body. 16. COUNTERPARTS. This Agreement may be executed in counterparts. 17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must approve this Agreement before any representative of such Party may sign this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. 19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding the specific terms of this Agreement. Name IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below: Approved as to form: CITY OF ALGONA By: By: Title: Title: Date: Date: 441110 WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06; legal review complete) Page 11 0 Approved as to form: CITY OF AUBURN By: By: Title: Title: Date: Date: Approved as to form: CITY OF BLACK DIAMOND By: By: Title: Title: Date: Date: Approved as to form: CITY OF BURIEN NIS By: By: Title: Title: Date: Date: Approved as to form: CITY OF COVINGTON By: By: Title: Title: Date: Date: WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06;legal review complete) Page 12 0 Approved as to form: CITY OF DES MOINES By: By: Title: Title: Date: Date: Approved as to form: CITY OF ENUMCLAW By: By: Title: Title: Date: Date: Approved as to form: CITY OF FEDERAL WAY itaire By: By: Title: Title: Date: Date: Approved as to form: CITY OF KENT By: By: Title: Title: Date: Date: WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06; legal review complete) Page 13 0 Approved as to form: KING COUNTY By: By: Title: Title: Date: Date: Approved as to form: CITY OF MAPLE VALLEY By: By: Title: Title: Date: Date: Approved as to form: CITY OF NORMANDY PARK By: By: Title: Title: Date: Date: Approved as to form: CITY OF RENTON By: By: Title: Title: Date: Date: *4100 WRIA 9 ILA 2007-2015(WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06;legal review complete) Page 14 0 Approved as to form: CITY OF SEATAC By: By: Title: Title: Date: Date: Approved as to form: CITY OF SEATTLE By: By: Title: Title: Date: Date: Approved as to form: CITY OF TACOMA By: By: Title: Title: Date: Date: Approved as to form: CITY OF TUKWILA By: By: Title: Title: Date: Date: WRIA 9 ILA 2007-2015 (WRIA 9 Forum recomd.,mod.8-24-06 and 10-2-06; legal review complete) Page 15 0 Exhibit A-1 Recommended by the WRIA 9 Watershed Forum 5-24-06 Regional Watershed Funding DRAFT 2007 WRIA 9 Cost Shares Average of Pop/AV/ WRIA 09 Population (Pop) Assessed Value (AV) Area Area WRIA 09 King Co. Portion King Co. Portion 1 Algona 0.3% 0.1% 0.1% 0.2% $663 1 Algona 2 Auburn 5.9% 3.9% 3.8% 4.5% $16,698 2 Auburn 3 Black Diamond 1.1% 0.6% 1.9% 1.2% $4,354 3 Black Diamond 4 Burien 4.0% 4.4% 2.1% 3.5% $12,907 4 Burien 5 Covington 2.5% 1.7% 1.7% 2.0% $7,251 5 Covington 6 Des Moines 4.4% 2.6% 1.9% 3.0% $10,931 6 Des Moines 7 Enumclaw 1.6% 0.6% 0.6% 0.9% $3,337 7 Enumclaw 8 Federal Way 6.8% 4.5% 3.2% 4.9% $17,851 8 Federal Way 9 Kent 13.0% 10.1% 8.0% 10.4% $38,155 9 Kent 10 King County 26.4% 14.1% 58.9% 33.1% $121,938 10 King County 11 Maple Valley 2.6% 1.5% 1.2% 1.8% $6,478 11 Maple Valley 12 Normandy Park 1.8% 1.2% 0.7% 1.2% $4,552 12 Normandy Park 13 Renton 2.9% 2.9% 1.8% 2.5% $9,336 13 Renton 14 Sea-Tac 4.4% 5.5% 2.9% 4.3% $15,692 14 Sea-Tac 15 Seattle 19.3% 43.6% 8.6% 23.8% $87,720 15 Seattle 16 Tukwila 3.1% 2.7% 2.6% 2.8% $10,232 16 Tukwila Sub-Total $368,058 King Co. Sub-Total 100.0% $368,058 SUBTOTAL +Tacoma $16,980 $385,038 TOTAL NOTE: King County land area excludes the Upper Green River basin. WRIA 9 0 A Final Cost Allocation -2007.xls WRIA 9 Scope of Work Proposed for the 2007 ILA and KCD +err+' Forum and Steering Committee Coordination • Schedule and staff WRIA 9 Forum and WRIA 9 Steering Committee meetings at key decision points in implementing and monitoring of the Habitat Plan and preparing the scope of work and budget for work to be cost-shared after 2007; • Participate in and coordinate with State and Puget Sound regional efforts, such as the Lead Entity Advisory Group, the Puget Sound Nearshore Partnership, and regional or sub-regional efforts; • Schedule and staff WRIA 9 Management Committee meetings to oversee the transitional 2006 ILA-funded work program; • Provide information to jurisdictions; and • Coordinate with city and county staff and elected officials. WRIA 9 Plan Monitoring and Adaptive Management • Work with the WRIA 9 Steering Committee, including any subcommittees, to facilitate the implementation and monitoring of the WRIA 9 Salmon Habitat Plan; and • Develop and implement adaptive management, and participate in regional or sub-regional planning, implementation, monitoring, and financing efforts. Capital Facility Coordination • Coordinates cross jurisdictional implementation of projects identified as WRIA priorities (e.g., projects funded by the watershed allocation of King Conservation District funds, State Salmon Recovery Funding Board, and other funds). • Helps to establish partnerships and seek funding for high priority capital projects. • Develops and manages the long-term WRIA-wide capital facility plan and 6-year capital Now improvement program. • Supports the Steering Committee in developing, prioritizing, and presenting project recommendations to the State Salmon Recovery Funding Board for funding. • Coordinates regional aspects of the Green River Ecosystem Restoration Project and the Puget Sound Nearshore Ecosystem Restoration Project. Public Outreach Coordinate a public outreach and involvement and marketing/communications strategy for the WRIA 9 plan implementation process. Products could include: • Interpretive materials to help engage the public in the WRIA implementation and monitoring process; • Field trips or other informational opportunities for the Steering Committee, Forum and state and federal electeds; • A regularly updated and maintained WRIA 9 website; and • Coordination with jurisdictions with implementation of education and stewardship programs identified by the Habitat Plan. Program Management and Administration Conduct general administration work in support of ILA implementation. Includes work program development and monitoring, budget development and tracking, regular reporting, billing, personnel, and supervision. Short written progress reports will accompany the billings to the parties. Verbal progress reports will be made at WRIA 9 Steering Committee, Forum, and Management Committee meetings. WRIA 9 Scope of Work for 2007 4-25-06 WRIA 9 Staffing jor 2007 4-24-06 Current Come ponding Classification Positions)in .lob©uties Project/Program WRIA/Watershed • Coordinates overall WRIA implementation and Manager IV Coordination monitoring effort under the auspices of the WRIA Forum. • Provide fund-raising and lobbying efforts on behalf of the WRIA 9 Forum. • Works with WRIA Steering Committee to develop salmon conservation plan amendments and associated WRIA implementation products including the annual prioritized project list for the State Salmon Recovery Funding Board. • Works with the WRIA Forum and Steering Committee chairs to set agendas and convene WRIA Forum meetings. • Develops proposed work program, staffing plan, budget and schedule of deliverables for Management Committee review. • Supervises other staff on the WRIA 9 Service Provider Team. • Serves as primary point of contact on behalf of the Service Provider for WRIA Management Committee, WRIA Steering Committee, and WRIA Forum. • Negotiates work program and schedule of deliverables for technical work that contributes to the WRIA implementation and monitoring effort from King County , ad and others. • Participates on and/or coordinates with regional and state committees regarding salmon recovery and funding. • Coordinates with WRIA Forum staff. Project/Program Habitat Plan • Coordinates watershed-wide monitoring and reporting Manager Ill Monitoring toward progress in salmon conservation and recovery in WRIA 9. • Working with the Steering Committee and in coordination with other management and monitoring programs that extend beyond WRIA 9, responsible for revisions to the Habitat Plan as recommended by the Watershed Forum. • Responsible for the final development, and deployment, coordination, and management of the adaptive management and monitoring program, including the provisions of the Habitat Plan such as (1) assessment, (2) design, (3) implementation, (4) monitoring, (5)evaluation, and (6) adjustment. • Prepare specific reports about key adaptive management and monitoring components. • Prepare planning documents and oversee planning processes in response to adaptive management recommendations. (Anticipated major planning needs at this time include: development of water quantity and flows plan; specifically determining the boundaries of areas of WRIA 9 Staffing for 2007 4-26-06 1 Classiificatiol . . on(s)Crit A°' Job.Duties spawning structure in the Upper Watershed and the appurtenant regulations to protect and restore these areas; specifically identifying the boundaries of the historical habitat patches for occupancy by Chinook below the dams on the mainstem Green River; developing specific protection mechanisms for Soos and Newaukum Creeks; and developing management blueprints for the Lower Green River and Duwamish transition zone (comparable to the blueprint prepared for the Middle Green). • Coordinate implementation and augmentation of smaller basin plans within WRIA 9, for example, the Miller Creek Basin Plan. • Coordinate monitoring among agencies. • Assists with facilitation and support of WRIA Forum, Management Committee, and Steering Committee. Project/Program Capital Facility • Coordinates cross jurisdictional implementation of Manager III Coordination projects identified as WRIA priorities (e.g., projects funded by the watershed allocation of King Conservation District funds, State Salmon Recovery Funding Board, and other funds). • Helps to establish partnerships and seek funding for high priority capital projects. • Develops and manages the long-term WRIA-wide capital facility plan and 6-year capital improvement program. • Supports the Steering Committee in developing, prioritizing, and presenting project recommendations to the State Salmon Recovery Funding Board for funding. • Coordinates regional aspects of the Green River Ecosystem Restoration Project and the Puget Sound Nearshore Ecosystem Restoration Project. Project/Program Public Outreach • Coordinates WRIA-level outreach activities. Manager III Coordination • Manages implementation of the WRIA outreach strategy in concert with outreach efforts by individual jurisdictions and community groups. • Develops and maintains WRIA website. • Provides communication services among agencies, the public, and funders. • Develops media press releases and communication • Ensures community interests are integrated into all planning, adaptive management, funding and other WRIA programs and products. • Coordinates visual communication products. • Develops and delivers presentations to multiple and _ diverse audiences. Admin Specialist Administrative • Provides administrative support to WRIA Forum, WRIA III Support Steering Committee and WRIA Service Provider staff. • Assists with budget tracking and quarterly reporting and billing. • Assists with data management, tracking, and reporting. WRIA 9 Staffing for 2007 4-26-06 2 WRIA 9 TOTAL REVENUES AND EXPENDITURES 2007 Budget Management Committee Recommended ILA Cost Shares from Members 385,030 King Conservation District Grant for Projects and Programs* 1,235,370 KCD Grant for Administration* 112,530 KCD Carryover from 2006 50,000 SRFB/Lead Entity Grant for Project Administration 64,500 'REVENVEIPTAL HH [LA Expenditures ''' Staffing Watershed Coordination (1.0 FTE) 135,975 Habitat Plan Monitoring(1.0 FTE) 115,185 Outreach &Education/Program Reporting(0.5 FTE) 56,280 Administrative Assistance(0.5 FTE) 37,590 Staffing Sub-total $345,030 ILA Operations Meeting and Event Support 3,000 Mileage and Vehicle Use 4,000 Postage and Communications 13,000 Supplies and Training 12,000 Facilitation 8,000 ILA Operations Sub-total $40,000 NalOi ItLAa .t:Share:TotEl:Ekiieridittee.s.-• •• -• - • $388,030 KeDA-Lead:gnm..p.ro'ett:EZ.•endittiret • ' '' • ERP Local Match for Construction -Green/Duwamish River Project 170,000 -Nearshore Ecosystem Restoration Partnership 30,000 ERP Construction Sub-total $200,000 High Priority Project Construction (3-Year Priority Project List) $655 370 Project Grant Match -SRFB Leverage 250,000 -Project Grant Match Opportunity Fund 100,000 Maintenance of Small Native Planting Sites 60,000 Beach Naturalist Program 10,000 Grant Match Sub-total $420,000 Project/Education/Stewardship Implementation 14 Administration Habitat Project Implementation(1.0 FTE) 120,750 Public Involvement Implementation 10,000 Education and Stewardship (.5 FTE) 56,280 Projects/Education/Stewardship Implement. 14 Admin. Sub-total $187,030 KP:D:A:Lead•gntit...P•tee :TiitalsEit enditures 1,462 40' ggRENNTgRE *KCD revenue is the grant to the Watershed Forum ($1,412,400 est.); the cities of WRIA 9 .Nots0 and King County are also granted about$784,000(total) in 2007($2 portion to local governments). Recommended 2007 Budget Revenues and Expenditures 5-9-06.xls r; _. CITY OF RENTON COUNCIL AGENDA BILL iAI #: , 0400, Submitting Data: For Agenda of: November 6, 2006 Dept/Div/Board.. P/B/PW Utility Systems Staff Contact Nenita Ching(x7291) Agenda Status Consent X Subject: Public Hearing.. Proposed Changes to Public Works Construction Permit Correspondence.. Fees Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Cost Analysis Comparison Table Recommended Action: Approvals: Refer to Utilities Committee Legal Dept Finance Dept Other Fiscal Impact: kiwiExpenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $150,000 Total Project Budget City Share Total Project SUMMARY OF ACTION: Pursuant to City financial policy to annually review all fees for permits and other charges, the Planning/Building/Public Works Department submits proposed revisions to the public works construction permit fees. If Council were to revise the fees,they should be revised concurrently with the language changes. STAFF RECOMMENDATION: Approve the proposed amendments to the public works construction permit fees, incorporate them into an ordinance, and present the ordinance for first reading. 1/4160,1 C:\DOCUME'1\BWalton\LOCALS-1\Temp\Agenda Bill Util.doc\NCtp • �ti`SY getPLANNING/BUILDING/e'r'r" s , PUBLIC WORKS DEPARTMENT •`1,�N�o� MEMORANDUM DATE: October 24, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: J-- Kathy Keolker, Ma or FROM: --z-1' Gregg Zimmerma ' mistrator STAFF CONTACT: Nenita Ching, Principal Financial & Administrative Analyst (ext. 7291) SUBJECT: Public Works Construction Permit Fees ISSUE: Should the public works construction permit fees be amended? RECOMMENDATION: Approve the proposed amendments to the public works construction permit fees, incorporate them into an ordinance, and present the ordinance for first reading. BACKGROUND SUMMARY: Construction permit fees (for water, wastewater, and surface water utilities) and water meter installation fees were last raised in 2003. The objective of the fee review in 2003 was to capture 60%of the cost to provide service. The City's financial policy is to establish fees and charges "based at a percentage of the full cost of providing the service." The proposed fee changes attempt to capture 100% of the City's cost to provide service to customers. The calculated cost is the aggregate of labor and overhead expenses, and cost of materials and equipment. A "Cost Analysis" is attached. A comparison with surrounding jurisdictions was compiled for water meter installation fees. These are the larger construction permit fees that a customer or developer would pay. The proposed fees are competitive with water meter installation fees charged by the cities of Auburn and Issaquah, and the water districts of Cedar River, Coal Creek, and Soos Creek. Kent does not provide complete water meter installation services; developers or contractors are responsible for constructing connection to the water line. h:\file sys\adm-pbpw adminstration\analyst\util\pw fees\2006 study\issue paper_util.doc Public Works Construction Permit Fees Page 2 of 2 October 24,2006 .411.0 CONCLUSION: Nearly all of the construction permit fees were not sufficient to cover the City's cost to provide these public works services. The fees should be raised as proposed. h:\file sys\adm-pbpw adminstration\analyst\util\pw fees\2006 study\issue paper_util.doc Analysis of Public Works Construction Permit Fees Niarre Cost to provide Current Proposed service Fees fees $increase ($) ($) ($) ($) 4-1-180(0-1)Water Construction Permit Fees Water meter tests for 3/4"to 2"meter 48 40 50 10 Meter resets 96 50 95 45 Repair of damage to service 227 50 225 175 Water main connections 534 400 535 135 Water quality/inspection/purity tests 67 40 65 25 Processing specialty water tests (lead, copper, etc.) 72 40 70 30 Water turn ons/offs after hours 186 120 185 65 4-1-180(D-2)Water Meter Installation Fees 3/4"meter installed by City within City limits -full install 2,258 1,300 2,260 960 %"meter installed by City outside City limits-full install 2,428 1,400 2,430 1,030 1"meter installed by City-full install 2,426 1,400 2,430 1,030 1 W meter installed by City-full install 3,601 2,400 3,600 1,200 2"meter installed by City-full install 4,026 2,800 4,030 1,230 3/<"meter installed by City within City limits -drop in 168 240 240 0 3/4"meter installed by City outside City limits-drop in 168 240 240 0 1" meter installed by City-drop in 222 250 250 0 1 %"meter installed by City-drop in 433 300 435 135 2"meter installed by City-drop in 552 370 550 180 4-1-180(D-3)Water Meter Processing Fees Processing fee for meters larger than 2" 200 220 20 4-1-180(D-4)Wastewater&Surface Water Construction Permit Fees Residential 155 60 150 90 Commercial 171 80 175 95 Industrial 205 100 200 100 Cut and cap/demolition permit 121 30 120 90 Groundwater discharge (<50K gallons) 169 150 170 20 Groundwater discharge(50K+gallons) 169 100 170 70 'moo►. PBPW Admin., 10/23/2006 H:\filesys\adm\analyst\util\pwfees\2006study\PWfees_data.xls 4-1-180 PUBLIC WORKS FEES D PUBLIC WORKS CONSTRUCTION PERMIT FEES: The following public works construction permit fees,utility permit fees,and miscellaneous charges are payable at or prior to the time of construction permit issuance. 1. WATER CONSTRUCTION PERMIT FEES: Type of Water Service and Fee Repairs Water meter tests for 3/4 "to 2 " $40.00 $50.00 meter Water meter tests for meters Time and materials cost greater than 2 " ($60.00 deposit) Open and close fire hydrants for Time and materials fire flow tests conducted by others • .. . ._ ••: - $200.00 suer-castings $-50.00 Water service disconnection(cut $250.00 at main) Meter resets $50.00 $95.00 Repair of damage to service $50.00 $225.00 Water main connections $400.00 $535.00 Water main cut and cap $1,000.00 Water quality/inspection/purity $40.00$65.00 each tests Specialty water tests(lead, Cost of test plus$40.08 copper, etc.) $70.00 processing fee Water turn ons/offs after hours $-1.20.00 $185.00 Installation of isolation valve Time and materials $2,000.00 deposit New water line chlorination fee $250.00 plus$0.15 per lineal foot for any footage after the first two hundred fifty(250) lineal feet Miscellaneous water installation Time and materials fees 2. WATER METER INSTALLATION FEES—CITY INSTALLED: The following fees are Noe payable at the time of application for water meter installation(s). Water Meter Size Fee 3/4 "meter installed by City within $1,300.00$2,260.00(full installation of stub City limits service and meter)$240.00(meter drop in) 3/4 "meter installed by City outside $ 400.00$2,430.00 (full installation of stub City limits service and meter)$240.00(meter drop in) 1 "meter installed by City $1,400.00-$2,430.00(full installation of stub service and meter)$250.00(meter drop in) 1-1/2 "meter installed by City $2,400.00$3,600.00(full installation of stub service and meter)$300.00-$435.00(meter drop in) 2 "meter installed by City $2,800.00$4,030.00 (full installation of stub service and meter) $370.00$550.00(meter drop in) 3. WATER METER PROCESSING FEES—APPLICANT INSTALLED: For meters larger than two inches(2"),the applicant must provide materials and installs.The City charges a two two hundred twenty dollar($220.00)processing fee at the time of meter application. 4. WASTEWATER AND SURFACE WATER CONSTRUCTION PERMIT FEES: Type of New Service Wastewater Permit Fee Surface Water Permit Fee low Residential $60.00$150.00 each $60.00$150.00 each connection connection Commercial $80.00-$175.00 each $80:00-$175.00 each connection connection Industrial $100.00 $200.00 each $100.00 $200.00 each connection connection Repair of any of the above $50.00 each service $50.00 each connection Cut and Cap/Demolition $30.00$120.00 each service $30.00-$120.00 each service Permit Ground Water Discharge $4-50.00$170.00 N/A (temporary connection to sewer wastewater system for one-time discharge of contaminated ground water to 50,000 gallons) Ground Water Discharge $100.00$170.00+Billed for N/A (temporary connection to current Renton and King wastewater County sewer wastewater rate system for discharge of on discharged amount(meter contaminated ground water provided by property owner) over 50,000 gallons) "err.►. ,.) Cost Analysis-.later Construction Permit&Meter Fees 4-1-18001 Water Construction Permit Fees 4-1-18002 Water Meter Installation Fees 4-1-18003 Water Meter Processing Fees Labor& Labor& Cost of Cost Of p labor Labor Overhead i labor Labor Overhead Total Labor 6 Materials Eauipment gquipment Equipment Equipment Other Costs Thal Coat hours Labor position Code fi( hours Labor position Code f31 Overhead(S) til Code Code Code ill fil 111 4-1-180()-1)Water Construction Permit Fees Water meter tests for 3/4"to 2"meter 1.00 Maintenance Worker III 2112 45.12 9999 0.00 45.12 0.00 1102 9999 9999 2.93 48.05 Meter resets 2.00 Maintenance Worker III 2112 90.24 9999 0.00 90.24 0.00 1102 9999 9999 5.86 96.10 Repair of damage to service Cost per occurrence 187.67 9999 0.00 187.67 26.92 12.61 227.20 Water main connections Cost per occurrence 495.08 9999 0.00 495.08 0.00 39.24 534.32 Water quality/inspection/purity tests 1.00 Treatment Plant Operator 2117 49.33 9999 0.00 49.33 15.00 1102 9999 9999 2.93 87.26 Processing specialty water tests(lead,copper,etc.) 1.00 Treatment Plant Operator 2117 49.33 9999 0.00 49.33 20.00 1102 9999 9999 2.93 72.26 Water turn ons/offs after hours 4.00 Maintenance Worker III 2112 180.47 9999 0.00 180.47 0.00 1102 9999 9999 5.86 186.33 4.1.180(D-2)Water Meter Installation Fees 'h"meter installed by City within City limits-full install 4.00 Lead Maintenance Wrkr 2116 193.76 12 00 Maintenance Worker III 2112 541.42 735.18 477.32 1101 1102 1103 45.56 1,000.00 2,258.06 ''A"meter Installed by City outside City limits-full install 4.00 Lead Maintenance Wrkr 2116 193 76 12 00 Maintenance Worker III 2112 541.42 735.18 477.32 1101 1102 1103 45.56 1,170.00 2,428.06 1"meter installed by City-full install 4.00 Lead Maintenance Wrkr 2116 193.76 12.00 Maintenance Worker III 2112 541.42 735.18 645.51 1101 1102 1103 45.56 1,000.00 2,426.25 1 14"meter installed by City•full install 4.00 Lead Maintenance Wrkr 2116 193.76 12 00 Maintenance Worker 10 2112 541.42 735.18 1,820.54 1101 1102 1103 45.56 1,000.00 3,601.28 2'meter installed by City-full install 4,00 Lead Maintenance Wrkr 2116 193.76 12.00 Maintenance Worker III 2112 541.42 735.18 2,245.50 1101 1102 1103 45.56 1,000.00 4,026.24 'A'meter installed by City within City limits-drop in 1 00 Maintenance Worker III 2112 45.12 45.12 120.00 1102 9999 9999 2.93 0.00 168.05 '/."meter installed by City outside City limits-drop in 1.00 Maintenance Worker III 2112 45.12 45.12 120.00 1102 9999 9999 2.93 0.00 188.05 1"meter installed by City-drop in 1,00 Maintenance Worker III 2112 45.12 45.12 174.00 1102 9999 9999 2.93 0.00 222.05 1 1.5"meter installed by City-drop in 1.00 Maintenance Worker III 2112 45.12 1.00 Lead Maintenance Wrkr 2116 48.44 93.56 337.00 1102 9999 9999 2.93 0.00 433.49 2"meter installed by City-drop in 1.00 Maintenance Worker III 2112 45.12 1.00 Lead Maintenance Wrkr 2116 48.44 93.56 456.00 1102 9999 9999 2.93 0.00 652.49 Cost Analysis-Wastewater&Surface Water Construction Permit Fees 4-1.18004 Wastewater&Surface Water Construction Permit Fees Labor& Labor& Cost of Cost of glitz_ L_aQpt_ Overhead N labor t abgr Overhead Total Labor& Materials €auipment Eauipment Equipment Equipment Other Costs Total Cost hours Labor position gig LE hours Labor position Sc4$9 f31 Overhead t$( 131 Code Code Code til al 1.41 Residential 3.00 Inspector II 2118 112.18 0.50 CE III(avg) 9980 33.56 145.74 1102 9999 9999 8.79 164.53 Commercial 3.00 Inspector II 2119 112.18 0.75 CE III(avg) 9981 50.33 162.51 1102 9999 9999 8.79 171.30 Industrial 3.00 Inspector II 2118 112.18 1.25 CE III(avg) 9980 83.89 196.07 1102 9999 9999 8.79 204.86 Repair of any of the above 3.00 Inspector II 2119 112.18 0 50 CE III(avg) 9980 33.56 145.74 1102 9999 9999 8.79 154.53 Cut and cap/demolition permit 3.00 Inspector II 2118 112.18 112.18 1102 9999 9999 8.79 120.97 Groundwater discharge(<50K gallons) 1.50 Inspector II 2118 56.09 1.50 Utility Supervisor 9933 108.91 165.00 1102 9999 9999 4.40 169.39 Groundwater discharge(50K+gallons) 1.50 Inspector II 2118 56 09 1.50 Utility Supervisor 9933 108.91 165.00 1102 9999 9999 4.40 169.39 PBPW Admin.,10/31/2006 H:\filesys\admlanalyst\utillpwtees\2006study1PWfees_data.xts ( ( ( Water Meter Installation Fees Comparison with Surrounding Jurisdictions 2006 Fees Renton Cedar Coal Soos 4-1-180(D-2)Water Meter Installation Fees (proposed) Auburn River Creek Issaquah Kent Creek ($) ($) ($) ($) ($) ($) ($) 3/." meter installed by City within City limits-full install 2,260 2,100 713 2,396 see note 3,000 1" meter installed by City -full install 2,430 2,300 1,426 2,150 2,755 see note 3,500 1 '/Z" meter installed by City-full install 3,600 3,100 3,565 3,500 3,397 see note 4,455 2" meter installed by City -full install 4,030 3,370 5,704 3,900 3,643 see note 6,904 %" meter installed by City within City limits-drop in 240 205 475 350 250 325 190 1" meter installed by City -drop in 250 270 550 375 350 350 250 1 '/z' meter installed by City-drop in 435 435 1,200 575 350 600 890 2" meter installed by City -drop in 550 540 1,500 750 350 800 1,200 Notes: Kent does not provide complete water meter installation services. Issaquah is reviewing its fees. These fees have been collected since 2003. PBPW Admin., 10/31/2006 h:\file sys\adm\analyst\util\pwfees\2006 study\PWfees_data.xls Date /;- _a& COMMUNITY SERVICES COMMITTEE REPORT November 6, 2006 Airport Advisory Committee Appointments (October 23, 2006) The Community Services Committee recommends concurrence in the staff recommendation to approve the following appointments to the Airport Advisory Committee: Dina Davis (Renton Hill/Monterey Terrace Neighborhood alternate position) for a term expiring on May 7, 2007; John Middlebrooks (West Hill Neighborhood alternate position) for a term expiring on May 7, 2009; Colleen Turner (Aircraft Owners and Pilots Association voting position) for a term expiring May 7, 2009; and Richard Zwicker(North Renton Neighborhood voting position) for a term expiring on May 7, 2007. Toni Nelson, Chair Yal911/4-4-- Marcie Palmer, Vice Chair Dan Clawson, Member C: Ryan Zulauf, Airport Manager PP fer la Iin, Transoorftho" J cm; C;I:; ria. UTILITIES COMMITTEE COMMITTEE REPORT November 6, 2006 King County Billing Methodology for Wastewater (September 25, 2006) The Utilities Committee recommends that the issue of establishment of a King County Rate Adjustment Charge to the King County Portion of Renton's utility bill be included in the overall budget process and be included in Utility Rate discussions. For 2007,the proposed Rate Adjustment Charge would be set at fifty-six cents($0.56)per single family residence or fifty-six cents($0.56)per 750 cubic foot of metered usage, or fraction thereof after 750 cubic feet, for all remaining users. Dan Clawson, Chair - f etri Briere 'ice Chair Ateatio LO 611/ Denis W. Law,Member cc: Lys Hornsby,Utility Systems Director Dave Christensen,Wastewater Utility Supervisor "'doe' &fle y, ',4eptec 4doOtsfrifo' c r? o `a wl . UTILITIES COMMITTEE COMMITTEE REPORT Date //-"°°6 November 6, 2006 System Development Charges in the UC-N Zone (Referred October 23, 2006) The Utilities Committee recommends concurrence in the staff recommendation to approve treating the UC-N zone the same as the COR and CD zones as it concerns the method of calculating, applying and collecting the System Development fees. Staff is authorized to apply the fees accordingly in the interim and to docket the item for review and revision with the next fee update. I) 61.1,...- L Dan Clawson, Chair Pi ' 5-i Tern Briere, Vice Chair haf.,..,„ , z,,,,,, lit/ Denis W. Law, Member cc: Lys Hornsby Neil Watts Alexander Pietsch UCNSDCcommreport.doc\ rev01/06 bh avow«l( fo 249" d4,a/ (eadkf CITY OF RENTON, WASHINGTON il-6-06 ORDINANCE NO. JCo1 a to AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2006 BUDGET TO AUTHORIZE $38,760 IN UNANTICIPATED IVAR'S, INC., REVENUE TO OFFSET FUNDING OF HOLIDAY LIGHTS. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation to the Community Services Fund is hereby increased as follows: Fund 2006 Original Budget 2006 Adjusted Budget Increase Budget 101 0 $38,760 $38,760 Revenue is currently held within revenue account, Coulon Food Concession. Transfer of funds would result in an increase of funds within Recreation Services Self- Sustaining account. SECTION II. This project will be funded by increased revenues. SECTION III. This ordinance shall become effective immediately upon its passage, approval, and five (5) 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 1 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1290:11/O 1/06:ma 2 4.ddoed !1- -01006. CITY OF RENTON, WASHINGTON RESOLUTION NO. 28.39 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL JOINT PURCHASING AGREEMENT WITH THE CITY OF BELLEVUE IN ORDER TO JOINTLY BID THE ACQUISITION OF GOODS AND SERVICES. WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington, provides for interlocal cooperation between government agencies; and WHEREAS, the cities of Renton and Bellevue desire to utilize each other's procurement agreements when it is in their mutual interest; and WHEREAS, it is in the parties' mutual interest to jointly bid the acquisition of goods and services where such mutual effort can be planned in advance, and to authorize the acquisition of goods and services, and the purchase or acquisition of goods and services under contracts where a price is extended by either party's bidder to other governmental agencies; and WHEREAS,this Agreement shall allow the following activities: A. Purchase or acquisition of goods and services by each party acting as agent for either or both parties when agreed to in advance, in writing; B. Purchase or acquisition of goods and services by each party where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract and/or where either party's bidder is willing to extend prices to other government agencies; and 1 RESOLUTION NO. WHEREAS, each party reserves the right to contract independently for the acquisition of goods and services without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity; and WHEREAS, under the Agreement, Renton and Bellevue may purchase from either of each others' contracts that were awarded based on a bid; and WHEREAS, it is necessary to document the terms and conditions of the Interlocal Joint Purchasing Agreement between the cities; 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 an Interlocal Joint Purchasing Agreement with the City of Bellevue. 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.1220:10/26/06:ma 2 Renton School District Good News announcements October 25, 2006 D Students at several elementary schools are safer now thanks to the continued close working relationship between the City of Renton and the school district. The city recently completed work to heighten awareness of drivers and make the streets safer in school zones around Highlands, Kennydale, Sierra Heights and Talbot Hill elementary schools. The city installed new signs that include blinking lights to help drivers observe a law to slow down to 20 miles an hour when students are present. The signs are activated 30 minutes before the start of school and again at dismissal time. D Talbot Hill Elementary School Principal Sheryl Dunton had an article about the school's MicroSociety program published in a recent edition of Educational Leadership magazine. The article titled "Building a MicroSociety: Elementary school students connect learning to life in this hands-on program" is a four-page spread on the school's award-winning program and its influence on student achievement. D Miriam Lewis, a Tiffany Park Elementary School fifth-grader, is a national semifinalist in the elementary division of an annual literary event Student Science Fiction and Fantasy contest sponsored by the World Science Fiction Society. Miriam was encouraged to enter her writing titled "The Stolen Emerald" by her teacher Corrie Freiwaldt. Nearly 750 entries were received for this year's contest. Miriam is one of only 16 elementary school semifinalists nationwide and the only participant from Washington state to be selected. D Fifty-four Tiffany Park Elementary School students received a special certificate of recognition from Governor Christine Gregoire, Superintendent of Public Instruction Terry Bergeson and state librarian Jan Walsh for successfully completing personal goals in summer reading programs offered by King County and City of Renton libraries. The names of students who completed their reading goals were announced at school and the students received a $5 gift certificate to Borders bookstore.