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Council 11/13/2006
AGENDA RENTON CITY COUNCIL REGULAR MEETING November 13, 2006 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PUBLIC HEARING: 2006 Comprehensive Plan amendments,concurrent rezonings, zoning text amendments, and development agreement for former Aqua Barn site 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 11/6/2006. Council concur. • b. Community Services Department recommends approval of a contract in the amount of $62,778.43 with Sun Lighting for the 2006 Holiday Lights Program. Council concur. c. Economic Development,Neighborhoods and Strategic Planning Department submits two pre- applications for the 2007 Comprehensive Plan amendment pre-application review process. Refer to Planning and Development Committee. d. Economic Development,Neighborhoods and Strategic Planning Department recommends a public hearing be set on 11/27/2006 to consider extending the moratorium on sewer availabilities for new subdivisions in the East Renton Plateau Potential Annexation Area. Council concur, (See 9.a. for resolution.) e. Economic Development, Neighborhoods and Strategic Planning'Department recommends a public hearing be set on 12/11/2006 to consider extending the moratorium on new development in the R-10 and RM-F zones within the Highlands Subarea Plan study area. Council concur. (See 9.b. for resolution.) f. Hearing Examiner recommends approval, with conditions,of the Cottages at Honey Creek Preliminary Nat Major Amendment; 4.17 acres located at 4821 NE Sunset Blvd. (PP-04-185). Council concur. g. Police Department recommends approval of a contract with Occupational Health Services (Public Hospital District No. 1 of King County) in the amount of$176,376 for health services for Renton jail inmates for 2007. Council concur. h. Transportation Systems Division recommends approval of a contract in the amount of$146,174 with Parametrix, Inc. for design of the May Creek Bridge Replacement Project. Council concur. i. Utility Systems Division requests approval of an agreement with Aero-Metric, Inc. in the amount of$104,487 for the final phase of the 2006 Photogrammetric Aerial Mapping Project. Council concur. (CONTINUED ON REVERSE SIDE) j. Utility Systems Division recommends approval of a utility easement granted by SI VI, LLC, owner of the Belle Vista Apartment complex, for the N. 26th St. and Park Pl.N. Storm System Improvement Project in the amount of$46,500 and$1,000 per damaged or removed tree. Council concur. Nimpie k. Utility Systems Division submits CAG-03-112, Maplewood Water Treatment Facility and Golf Course Improvements; and requests approval of the project, authorization for final pay estimate in the amount of$1,600.55, and release of retainage bond in the amount of$496,353.39 to Mid- Mountain Contractors, Inc., contractor, if all required releases are obtained. Council concur. 7. CORRESPONDENCE 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: 2nd Round of Neighborhood Grants; Appointment of Heather Nugent to Library Board 9. RESOLUTIONS AND ORDINANCES Resolutions: a. Moratorium extension in East Renton Plateau Potential Annexation Area(see 6.d.) b. Moratorium extension in Highlands Subarea Plan study area(see 6.e.) Ordinance for second and final reading: Requirements for pawnbroker's daily record of transactions(1st reading 11/6/2006) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT • 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 6 p.m. Highlands Task Force Update • 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 13,2006 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 TERRI BRIERE; MARCIE PALMER. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBERS DENIS LAW AND DON PERSSON. CARRIED. CITY STAFF IN KATHY KEOLKER,Mayor;JAY COVINGTON, Chief Administrative ATTENDANCE Officer; ZANETTA FONTES,Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN,Planning/Building/Public Works Administrator; PREETI SHRIDHAR, Communications Director;ALEX PIETSCH, Economic Development Administrator; REBECCA LIND,Planning Manager; ERIKA CONKLING, Senior Planner; CHIEF I. DAVID DANIELS and DEPUTY CHIEF LARRY RUDE,Fire Department; COMMANDER KATIE MCCLINCY, Police Department. PUBLIC HEARING This being the date set and proper notices having been posted and published in Comprehensive Plan: 2006 accordance with local and State laws,Mayor Keolker opened the public hearing Amendments to consider the 2006 Comprehensive Plan amendments, concurrent rezonings, zoning text amendments, and the development agreement for the former Aqua Barn site. Senior Planner Erika Conkling explained that the public hearing is divided into four groups of issues, and she began with Group 1 - Comprehensive Plan Text Amendments, as follows: • 2006-T-1 (City of Renton) -Update the Capital Facilities Element to incorporate adoption of the Issaquah and Kent school district capital facilities plans. Recommendation: approve amendment. • 2006-T-3 (City of Renton)-Update the Land Use and Community Design elements with housekeeping changes for clarity and to reflect new policy. Recommendation: approve amendment. • 2006-T-4(City of Renton) -Update the Transportation Element to reflect Renton's latest adopted Six-Year Transportation Improvement Plan. Recommendation: approve amendment. • 2006-T-5 (City of Renton)-Allow existing mobile home parks in the Residential Low Density(RLD)designation to be zoned Residential Manufactured Home(RMH). Recommendation: approve amendment. Ms. Conkling pointed out that the Planning Commission held the required public hearing on the Comprehensive Plan text and map amendments on September 20. The matter was also referred to the Planning and Development Committee with the exception of the implementing ordinance for item 2006-T- 1,which was referred to Finance Committee. Public comment was invited. Scott Missall, 999 3rd Ave., Suite 3000, Seattle, 98104, with the law firm Short, Cressman&Burgess, spoke on 2006-T-5. He noted that the State Supreme Court's ruling on Interlake Sporting Association, et al v. Washington State November 13,2006 Renton City Council Minutes Page 385 Boundary Review Board, City of Redmond, et al, may affect the City's ability to go forward with the Maplewood Addition Annexation. Raymond A. Breeden, Sr., 15279 Maple Dr., Renton, 98058, noted the importance of retaining mobile home parks especially in light of the recent flooding of the White River that destroyed one-half of a mobile home park in Pacific. Jerry Puckett, 15260 Oak Dr., Renton, 98058, spoke in support of 2006-T-5, which affects the Wonderland Estates Mobile Home Park where he resides. Continuing with Group 2 - Comprehensive Plan Map Amendments and Concurrent Rezones, Ms. Conkling reviewed the following amendments: • 2006-M-1 (Wan Chee) -Change the designation from a combination of Commercial Neighborhood(CN)and Residential Single Family(RS)with CN and R-8 split zoning to CN land use with CN zoning for the entire parcel at 1315 N. 30th St. Recommendation: deny amendment. • 2006-M-2(Susan Larson-Kinzer; Kennydale Blueberry Farm) - Change the designation from RLD land use with Resource Conservation(RC)zoning to RS land use with R-8 zoning, or RLD land use with R-4 zoning for a 3.4 acre parcel currently used as a blueberry farm and residence at 1733 NE 20th St. Recommendation: deny amendment to RS with concurrent R-8 zoning and approve change to RLD with R-4 zoning. Ms. Conkling said the owner indicates that land use changes in the surrounding area, which is zoned R-8, have affected the viability of the farm. She note that critical areas exist on the site, including a mapped wetland, suspected peat wetland, Class 4 stream, and headwaters of Kennydale Creek. Ms. Conkling indicated that if a Type II wetland is assumed, 1.15 acres of the site are potentially developable,resulting in two building sites if zoned R-4. • 2006-M-8 (City of Renton;Upper Kennydale) - Change the designation for a 49-acre area located south of NE 28th St. and north of NE 16th St., from RS land use with R-8 zoning to RLD land use with R-4 zoning. Staff recommendation: downzone the area to R-4. R-4 zoning would help stem cumulative changes to hydrology and wetland areas, and result in a buildable lands capacity of approximately 110 units(96 units exist now). Planning Commission recommendation: keep the R-8 zoning. R-8 zoning has a buildable lands capacity of approximately 205 units, and property owners have invested in the properties with the expectation of R-8 development potential. • 2006-M-3 (Manuel Rivera) -Change the designation from RS land use with R-8 zoning to Commercial Corridor(CC) land use with Commercial Office (CO)zoning on a 2.09-acre parcel at 851 Carr Rd. Recommendation: deny request but approve redesignation of this parcel and adjoining parcels within the City limits to Residential Medium Density(RMD)with concurrent R-14 zoning. R-14 zoning allows small commercial uses. • 2006-M-4 (Springbrook Associates) - Change the designation from RMD land use with R-10 zoning to CC land use with CO zoning for a 5.61-acre parcel located south of S. 37th St. Recommendation: approve amendment. • 2006-M-5 (City of Renton; Puget Colony Homes and vicinity)-Change the area within the Puget Colony neighborhood from RS land use with R-8 zoning to RLD land use with R-4 zoning; and from RS to RLD land use in the unincorporated Kimberly Lane and Hideaway Home Sites subdivisions. Recommendation: approve amendment. November 13,2006 Renton City Council Minutes Page 386 • 2006-M-7 (City of Renton; former Aqua Barn site and part of the proposed Maplewood Addition Annexation expanded area) - Change the designation of three acres located at the southeast corner of 152nd Ave. SE and Maple Valley Hwy. from RLD to CC land use with potential Commercial Arterial (CA)zoning. Change the 30 abutting southern acres from RLD to RMD land use with potential R-14 zoning. Recommendation: approve amendment. Correspondence was read from William E. O'Connor, 10402 151st Ave. SE, Renton, 98059, stating that the applicant for the blueberry farm amendment has not shown the following: proof that the current zoning is no longer appropriate, that the site does not contain preservable critical areas, that long-term agricultural use has been affected by environmental changes, and that the zoning revision will result in increased public benefit. Correspondence was read from Brad Nicholson, 2811 Dayton Ave. NE,Renton, 98056, expressing displeasure with the City's lack of interest in complying with laws, and listing a number of unaddressed concerns pertaining to the protection of critical areas on the blueberry farm. Correspondence was read from Wm Collins, 420 Cedar Ave. S., Renton,98057, requesting the City apply the same considerations to the blueberry farm wetland as was done for the critical areas of the Defoor Short Plat, and requesting removal of this item from the Comprehensive Plan amendment process. Correspondence was read from Knoll D. Lowney, Smith&Lowney, PLLC (attorneys for Bill O'Connor and Kennydale Critical Areas Alliance),2317 E. John St., Seattle,98122, indicating that the notice for this public hearing failed to identify the subject properties, specifically the Kennydale Blueberry Farm, and requesting that the hearing be postponed for 30 days. Public comment was invited. Inez Petersen, PO Box 1295, Renton, 98057, stated that issues relating to due process invalidate both this public hearing and the Planning Commission's public hearing of September 20. Pointing out that the notice for this hearing was inadequate, she asked that the public hearing be postponed to allow for proper notification. Ms. Petersen indicated that she wants the blueberry farm as a critical area. Lauralee Gordley, 2010 Jones Ave. NE, Renton, 98056, objected to the rezone of the upper Kennydale area to R-4. She stated that this complex area is located near the I-405 Corridor and is densely populated. Ms. Gordley said she purchased her property with the intent of developing it at R-8 zoning. She pointed out that the critical areas ordinance is based on science, and should be depended upon to protect property. Ms. Conkling stated that four to five lots are possible on Ms. Gordley's oddly- shaped property under both the R-4 and R-8 zones. She noted that some property owners will experience a reduction in development capacity if zoned R-4, and some owners will be affected by not being able to add one or two additional units in their backyards. Robert Cave, 1813 NE 24th St., Renton, 98056, opposed the upper Kennydale area rezone,pointing out that he owns a 3.5-acre property which is not hindered by wetlands or the Kennydale Creek. Additionally, Mr. Cave said he objects to the rezone of the blueberry farm, saying that it should remain a farm. November 13,2006 Renton City Council Minutes Page 387 Susan Rider, 1835 NE 20th St.,Renton, 98056, asked that the public hearing be rescheduled to allow for proper notice. In regards to the blueberry farm,she indicated that the creek is misclassified and that for permitting purposes,the wetlands have state and federal jurisdiction because the creek drains into Lake Washington. Ms. Rider stated that the sale of the farm is an opportunity for a unique and popular public open space. As neighborhoods change from semi- rural to infill-developed, she stressed that the importance and long-term consequences of this decision should not be underestimated. Mayor Keolker clarified that this public hearing is a courtesy hearing, and the required hearing was with the Planning Commission on September 20. Barbara Hicks, 1835 NE 20th St.,Renton,98056,pointed out that the public hearing notice did not clearly identify the blueberry farm as a topic for the meeting. Ms. Hicks emphasized that non-land owners also have opinions and rights,and decisions of the City affect all residents. She stated that when some part of the environment is destroyed,the future is being taken away from the children. William E. O'Connor, 10402 151st Ave. SE, 98059, spoke in opposition to the blueberry farm rezone,pointing out that the applicant has not provided the required burden of proof. He indicated that the applicant needs to prove the property is developable,and accurately delineate the wetlands before the site is considered for rezoning. Gary Young, 11624 SE 5th St., Suite 200,Bellevue, 98005,representing Valley Springs Apartments, LLC, spoke in support of the Aqua Barn site amendment. He thanked staff for bringing the zoning into compliance with the existing use. Bob Johns, 1601 114th Ave. SE,#102, Bellevue, 98004, spoke on behalf of the River Valley Condominium Association concerning the Aqua Barn site amendment. He noted that it is important to put zoning on the property that matches the existing development for property financing purposes. Mr. Johns relayed the condominium owners'support of the amendment. Karen Finnicum, 1302 Aberdeen Ave. NE, Renton, 98056, spoke regarding the blueberry farm and upper Kennydale area amendments. She indicated that the creek and wetlands area never go dry, and everything in Renton is full of water. Ms. Finnicum stated that property is an investment,and it is the owner's responsibility to watch over and care for it. She expressed concern regarding the increase in development, and stated that the peat bog on the blueberry farm property has to be protected. David Halinen,2115 N. 30th St., Suite 203,Tacoma, 98403,representing Aqua Barn Ranch, Inc., submitted a letter regarding the Aqua Barn site's 3.02 acres of commercially zoned property. He requested approval of the amendment and corresponding development agreement. John Cowan, 1830 NE 24th St., Renton, 98056, objected to the rezoning of the blueberry farm,saying the farm is a unique geological area and should remain that way. He expressed concern that the amendment process is moving too quickly, and recommended that the City stop the process and conduct a comprehensive review of the wetlands and the needs of the upper Kennydale area. Debbie Natelson, 801 Renton Ave. S.,Renton, 98057, said the blueberry farm should not be rezoned. She indicated that the property can be sold as a farm, and expressed disappointment with the City for helping the owners to November 13,2006 Renton City Council Minutes Page 388 potentially make a huge profit. Ms. Natelson explained that peat bogs absorb water and take thousands of years to create. She noted that flooding is caused by the removal of vegetation and forest cover, and urged protection of the headwaters. Ms. Natelson pointed out that the City could consider taking over this resource. Ms. Conkling continued with Group 3 -Development Agreement for the Former Aqua Barn Property(2006-M-7). Noting that the Planning Commission recommended the agreement following their public hearing, she explained that it only applies to the three-acre area fronting Maple Valley Hwy. proposed for CA zoning Ms. Conkling stated that the agreement prohibits a number of ordinarily allowed uses in the CA zone, including big box retail, some vehicle related activities, and all industrial uses. The agreement also restricts allowed uses such as drive-in/drive through retail, and car washes. Ms. Conkling indicated that the agreement provides that a transfer of a traffic mitigation fee credit be granted in an amount not to exceed $252,799.50 against traffic mitigation fees due upon development of the property. Additionally,the agreement requires that design standards, including common thematic elements and common landscape elements,be applied to all commercial development on the site. There being no public comment on Group 3, Ms. Conkling turned to Group 4- Highlands Land Use and Zoning Package, which includes 2006-M-6 and 2006- T-2, and supersedes prior staff recommendations. She introduced Highlands Zoning Task Force Chair Kirk Moore,who thanked task force members and City staff for their efforts on this proposal. He highlighted the proposed changes to the Center Village(CV) land use designation,which include removing R-10 as an implementing zone, allowing R-14, RM-U, and RM-T as implementing zones, and eliminating the requirement of residential-only development north of NE 12th St. Mr. Moore also reviewed the proposed land use map amendments and the proposed rezones. Ms. Conkling reviewed the proposed zoning text amendments, as follows: • Amend the implementing zones of the CV land use designation. • Remove the CV Residential Bonus District. • Adopt design regulations. • Amend uses in the R-14 zone. • Amend uses in the CV zone. • Add clarifying language to terms such as pipe stem lots and affordable housing. • Amend development standards for the R-14 zone. • Allow two types of affordable housing bonuses in the R-14 zone. • Amend development standards for the CV zone. In conclusion,Ms. Conkling stated that the Planning and Development Committee will discuss the matter on November 16, and first and second reading of the ordinances is scheduled for November 27. Mayor Keolker thanked the task force members for all their hard work. Public comment was invited. Brett Kappenman, 1004 SW 4th Pl., Renton, 98057, on behalf of the Highlands Community Association(HCA),thanked the task force and staff for this conclusive plan. He indicated that the plan reflects the concerns of the HCA, November 13,2006 Renton City Council Minutes Page 389 particularly the density increases and the affordable housing issues. Mr. Kappenman noted that the plan also addresses the conforming property issue. Linda Perrine, 1157 Glennwood Ave. NE,Renton, 98056, opposed the change from Residential Multi-Family(RM-F)to CV,particularly on the street facing Edmonds Ave.NE. She explained that the Renton Housing Authority has purchased three acres of property in the area near McKnight Middle School, which is surrounded by single-family homes and duplexes. Ms. Perrine expressed concern that when the 60 to 80 additional units per acre are built, traffic will increase significantly and parking will be problematic. She stressed that this area is not suited for high-density housing. Responding to Council inquiries,Planning Manager Rebecca Lind stated that current zoning allows up to 20 dwelling units per acre, and CV zoning allows up to 80 units per acre. She indicated that the access points to the proposed development have not yet been determined. Bill Grover, PO Box 2701, Renton, 98056, owner of property at 2807 NE 16th St., stated that due to the current Highlands development moratorium,he is unable to obtain building permits so he can develop his property. He explained that his property was subdivided under R-10 zoning prior to the moratorium taking effect, and he was under the impression that his property would be vested. Pointing out that another Highlands moratorium area property owner obtained building permits,he asked that Council allow him, or subsequent owners of his property,to obtain building permits in accordance with the R-10 zoning regulations. Howard McOmber, 475 Olympia Ave. NE, Renton, 98056,member of the task force and the Highlands Community Association, emphasized that the task force's plan was very well thought out. There being no further public comment, it was MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. RECESS MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9 p.m. The meeting was reconvened at 9:08 p.m.;roll was called; all Councilmembers present except Corman. (Corman arrived at 9:09 p.m.) 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: * City of Renton employees and Rotary Club of Renton members are volunteering to serve Thanksgiving Dinner at the Senior Activity Center, which will be open from 10 a.m. to 2 p.m. on November 27, for senior citizens to enjoy a day of social and recreational activities. Guests must pick up a free ticket prior to November 21. * The Hassle Free Holiday Bazaar will be held on November 17 and 18 at the Community Center, where a wide variety of handcrafted items will be sold by over 100 vendors. * Renton experienced some local flooding events due to heavy rain fall; however, overall the City fared well and did not suffer significant damage. November 13,2006 Renton City Council Minutes Page 390 AUDIENCE COMMENT Inez Petersen, PO Box 1295, Renton, 98057,voiced her pleasure with the Citizen Comment: Petersen - efforts of the Highlands Zoning Task Force. She expressed concern regarding Various due process issues pertaining to the Comprehensive Plan public hearings,noting that the ordinances adopted may be based on an invalid public hearing process. Ms. Petersen also questioned why non-Renton residents are allowed on the City's boards and commissions. Additionally, she indicated that while the Police Department has addressed some problems related to prostitution, there are more problems that need attention, especially one in an area near a church. Citizen Comment: DeMastus- Sandel DeMastus, Highlands Community Association Vice President, PO Box Prostitution Problems 2041, Renton,98056, thanked the police for their work on addressing some prostitution problems, and expressed her hope that the work will continue. Citizen Comment: McOmber- Howard McOmber, 475 Olympia Ave. NE, Renton, 98056,complimented all Highlands Area those who are working hard to improve the Highlands neighborhood. He noted Redevelopment that everyone has a right to express their opinions. Mr. McOmber stated that Renton is a wonderful place to live, and one of the reasons for that is the City's diverse population. Citizen Comment: Madson- Lori Madson, 1301 SW 16th St., Renton, 98056, chair of the Committee to Citizen Initiative, Fireworks Keep Renton Safe, expressed her pleasure that Renton will maintain its ban on Ordinance fireworks as a result of the vote on Renton Proposition 1. Additionally,she thanked those who campaigned against the proposition. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Council President Corman, item 6.e. was removed for separate consideration Council Meeting Minutes of Approval of Council meeting minutes of 11/6/2006. Council concur. 11/6/2006 Community Services: Holiday Community Services Department recommended approval of a contract in the Lights Program, Sun Lighting amount of$62,778.43 with Sun Lighting for the 2006 Holiday Lights Program. Council concur. Comprehensive Plan: 2007 Economic Development,Neighborhoods and Strategic Planning Department Amendments, Pre-Applications submitted two pre-applications for the 2007 Comprehensive Plan amendment pre-application review process. Refer to Planning and Development Committee. Utility: Sewer Moratorium in Economic Development,Neighborhoods and Strategic Planning Department East Renton Plateau PAA recommended setting a public hearing on 11/27/2006 to consider extending the moratorium on sewer availabilities for new subdivisions in the East Renton Plateau Potential Annexation Area. Council concur. Plat: Cottages at Honey Creek, Hearing Examiner recommended approval,with conditions, of the Cottages at NE Sunset Blvd, PP-04-185 Honey Creek Preliminary Plat Major Amendment; 4.17 acres located at 4821 NE Sunset Blvd. Council concur. Police: Jail Inmate Health Police Department recommended approval of a contract with Occupational Services, Occupational Health Health Services (Public Hospital District No. 1 of King County) in the amount Services of$176,376 for health services for Renton jail inmates for 2007. Council concur. Transportation: May Creek Transportation Systems Division recommended approval of a contract in the Bridge Replacement Design, amount of$146,174 with Parametrix, Inc. for design of the May Creek Bridge Parametrix Replacement Project. Council concur. November 13,2006 Renton City Council Minutes Page 39t Utility: Photogrammetric Utility Systems Division requested approval of an agreement with Aero-Metric, Aerial Mapping, Aero-Metric Inc. in the amount of$104,487 for Phase III of the 2006 Photogrammetric Aerial Mapping Project(digital terrain model update and orthophotography production). Council concur. Utility: N 26th St/Park PIN Utility Systems Division recommended approval of a utility easement granted Storm System Project, SI VI by SI VI, LLC, owner of the Belle Vista Apartment complex, for the N. 26th St LLC Utilities Easement and Park P1. N. Storm System Improvement Project in the amount of$46,500 and$1,000 per damaged or removed tree. Council concur. CAG: 03-112, Maplewood Utility Systems Division submitted CAG-03-112, Maplewood Water Treatment Water Treatment Facility and Facility and Golf Course Improvements; and requested approval of the project, Golf Course Improvements, authorization for final pay estimate in the amount of$1,600.55, and release of Mid-Mountain Contractors retainage bond in the amount of$496,353.39 to Mid-Mountain Contractors, Inc., contractor, if all required releases are obtained. Council concur. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 6.e. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Economic Development,Neighborhoods and Strategic Planning Department Item 6.e. recommended adoption of a resolution that declares a six-month moratorium on Planning: Highlands Subarea new development in the R-10 zone within the Highlands study area,and sets a Plan Study Area Moratorium public hearing date on 12/11/2006. Council President Corman expressed concern regarding the length of the moratorium. Assistant City Attorney Zanetta Fontes explained that the existing moratorium expires tomorrow(11/14/2006), and a new moratorium is being requested. She noted that the moratorium can be rescinded prior to the six- month term upon implementation of the new land use and zoning regulations. Mayor Keolker pointed out that the Highlands Zoning Task Force requested the moratorium to allow time for the implementation of the regulations. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE ITEM 6.e. AS PRESENTED. CARRIED. (See page 392 for resolution.) UNFINISHED BUSINESS Community Services Committee Chair Nelson presented a report Community Services recommending concurrence in the staff recommendation to approve the Committee appointment of Heather Nugent to the Library Board for a term expiring on Appointment: Library Board 6/1/2011. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. EDNSP: 2006 Neighborhood Community Services Committee Chair Nelson presented a report regarding the Program Grants second round of the 2006 neighborhood grant projects. The Committee recommended concurrence in the staff recommendation to approve the following grant award: Tiffany Park Neighborhood Association- Continue development of a pocket park on Seattle Public Utilities-owned right-of-way in Renton. The area is approximately a quarter of an acre and is bordered by Puget Dr. SE, Beacon Way SE, and SE 16th St. ($858). The Committee further recommended approval of funding for the following administrative newsletter applications: 1. Earlington Neighborhood Association-Annual printing for six newsletters a year distributed by newsletter box at mailbox kiosk($300). 2. Kennydale Neighborhood Association-Annual printing of quarterly newsletter distributed door to door through mail ($2,000). November 13,2006 Renton City Council Minutes Page 392 3. Renton Hill Neighborhood Association-Annual printing expenses for a newsletter printed twice a year and distributed door-to-door($427). 4. Summerwind Homeowners Association-Annual printing and postal expenses for quarterly newsletter($279). 5. Tiffany Park Homeowners Association-Annual printing for a newsletter printed twice a month and distributed door-to-door($89). 6. Tiffany Park Neighborhood Association-Annual printing expenses for a newsletter printed twice a year and distributed door-to-door($532). The second round of applications total $4,485 leaving a remaining budget of $32,746. MOVED BY NELSON, SECONDED BY PALMER,COUNCIL CONCUR IN THE COMMITTEE REPORT AS AMENDED TO REFLECT THE CORRECTION TO ITEM 2. AS FOLLOWS: DELETE THE WORDS "door to door" AND INSERT THE WORDS "through mail." CARRIED. RESOLUTIONS.AND The following resolution was presented for reading and adoption: ORDINANCES Resolution#3840 A resolution was read declaring a moratorium on new development in the R-10 Planning: Highlands Subarea zone within the Highlands study area, establishing a public hearing date of Plan Study Area Moratorium 12/11/2006, and establishing a termination date of 5/13/2006 for the moratorium. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance#5227 An ordinance was read amending Section 6-17-3 of Chapter 17,Pawnbrokers, Legal: Pawnbroker Daily of Title VI(Police Regulations)of City Code by clarifying the transmission Transaction Requirements requirements of the pawnbroker's daily record of transactions. MOVED BY BRIERE, SECONDED BY NELSON,COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL REFER THE Planning: Kennydale TOPIC OF THE KENNYDALE BLUEBERRY FARM TO COMMITTEE OF Blueberry Farm THE WHOLE.* Council President Corman stated that many people have suggested that the City should purchase the property as a park, and he pointed out that Council has not deliberated that issue. Councilwoman Nelson noted that Council has discussed the matter in executive session. Mr. Corman indicated that a significant policy decision such as this should not just be discussed in executive session. Discussion ensued regarding the appropriateness of discussing this topic on the Council floor. Mayor Keolker suggested that before going forward with the matter,a legal opinion be obtained. Assistant City Attorney Fontes concurred. *MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL TABLE THIS MATTER UNTIL A RULING IS OBTAINED FROM THE CITY ATTORNEY. CARRIED. AUDIENCE COMMENT In response to Howard McOmber's inquiries,475 Olympia Ave. NE, Renton, Citizen Comment: McOmber- 98056, Mayor Keolker explained that the current Highlands moratorium expires Highlands Subarea Plan Study tomorrow,the new Highlands moratorium was declared tonight, and the public Area Moratorium hearing on the new moratorium will be held on December 11. Citizen Comment: Moore- Kirk Moore, 1901 Harrington Circle NE, Renton, 98056, explained that the Highlands Subarea Plan Study Highlands Zoning Task Force requested the Highlands moratorium,which only Area Moratorium affects the R-10 zone, to allow time for the implementation of the land use and November 13,2006 Renton City Council Minutes Page 393' zoning regulations. He noted that when the ordinances take effect, R-10 will be removed as an implementing zone, effectively eliminating the moratorium. Councilman Clawson clarified that the moratorium only applies to subdivision of property for new single-family residential development or accessory uses, including plats, lot line adjustments, and site plan review entitlements in the R- 10 zone within the Highlands study area. Citizen Comment: Petersen- Inez Petersen, PO Box 1295, Renton, 98057, recommended the implementation Council Rules, Character of Council rules pertaining to character attacks during Council meetings. Attacks Citizen Comment: DeMastus- Sandel DeMastus, Highlands Community Association Vice President and Highlands Zoning Task Force Highlands Zoning Task Force Member,PO Box 2041, Renton, 98056, stated that she is very proud of the task force's accomplishments. Additionally,Ms. DeMastus complimented the new Renton Magazine, which is published by Councilman Law. Citizen Comment: Hicks- Barbara Hicks, 1835 NE 20th St., Renton,98056, said most of the information 2006 Comprehensive Plan pertaining to the Kennydale Blueberry Farm rezone request was based on the Amendments,Kennydale applicant's desire to sell the property, and financial need should not be a reason Blueberry Farm for granting a rezone. Ms. Hicks commented on the property's environmental features,noting that historically it has been unbuildable. Ms. Hicks indicated that the critical areas ordinance does not always protect properties when people are determined to fill in a wetland or remove a creek flow. Citizen Comment: Rider- Susan Rider, 1835 NE 20th St.,Renton, 98056,displayed photographs of 2006 Comprehensive Plan properties containing filled-in wetlands, saying the action occurred under Amendments, Kennydale critical areas protection. She also showed photographs of the Kennydale Blueberry Farm Blueberry Farm, noting that it is suited for Resource Conservation zoning. Ms. Rider expressed her support for the blueberry farm as a park. On another topic, she suggested that written lyrics be provided for the caroling activity at the City's holiday lighting event. ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 10:06 p.m. X1611, .J lC/a Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann November 13, 2006 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR - Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING November 13, 2006 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 11/20 2007 Budget Presentations & (Corman) 4:30 p.m. Deliberations; King County Agreement re: East Renton Plateau PAA; King County Agreement re: Potential Future Annexation of Four PAAs COMMUNITY SERVICES (Nelson) FINANCE MON., 11/20 Vouchers; (Persson) 3:30 p.m. Parks &Recreation Staffing Budget Amendment PLANNING& DEVELOPMENT THURS., 11/16 Comprehensive Plan Amendments (Briere) 3 p.m. (Highlands); 2007 Comprehensive Plan Pre- Applications; Wireless Communication Facilities in Residential Zones; Private Stormwater Utilities in Geologically Hazardous Areas PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) THURS., 11/16 SR-167 Briefing - WSDOT; (Palmer) 2 p.m. Update on Local Transportation Projects UTILITIES THURS., 11/16 WRIA 8 & 9 Salmon Habitat Plan (Clawson) 4:30 p.m. Interlocal Agreements; Public Works Construction Permit Fees 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. City Council Public Hearing November 13,2006 •, • Comprehensive Plan Text Amendments • Comprehensive Plan Map Amendments and concurrent rezones 1114 • Development agreement for former Aqua Barn property • Highlands Land Use and Zoning Package (Highlands Task Force) Next Steps • Planning and Development Committee to meet on November 16,2006 Comprehensive Plan Text • First and Second Readings scheduled for Amendments November 27,2006 2006 Comprehensive Plan 2006-T-1 School CFPs Amendments- Text and Map • Amendment would adopt the CFPs for the Kent • Planning Commission Public Hearing: and Issaquah School District's reference by September 20 • Adopting a District's CFPs is a part of ensuring the City's ability to collect impact fees for new • Planning Commission Recommendation: housing units built NN'thin the district October 4 • Staff and Planning Commission recommend adopting the necessary amendment • Referred to Planning and Development Committee,except 2006-T-1 • This item referred to the Finance Committee 1 2006-T-3 Community Design and Community Design and Land Use Land Use Elements Element Recommendations • Corrections and revisions of the Community • Planning Commission and Staff recommend Design Element are required for clarity and to approval of the corrections and revisions to the reflect new policy Community Design Element. • Corrections to the Land Use Element reflect three changes • Planning Commission and Staff recommend Housekeeping changes approval of the corrections and revisions to the Land Use Element. —Eliminate Goal 7 regarding agricultural and mining resources —Revise Goal 3 to reflect current annexation policy 2006-T-4 Transportation Element 2006-T-5 Allow RMH in the RLD • Updates the Transportation Element to • City initiated amendment would allow be consistent with the currently existing mobile home parks in the RLD adopted TiP designation to be zoned RMH • Staff and Planning Commission • This would protect existing mobile home recommend approval of these changes parks • Staff and Planning Commission recommend making this change Chee Rezone- 2006-M-1 Land Use Designation Map • Property has split Comprehensive Plan Map zoning R-8 and CN Amendments (RS and CN Land Use) • Owner requested CN zoning for entire parcel • Staff and Planning Commission recommend denial Chee Property 2 1; _l ;i vain alrpiCuumy • :rG1:`,:' ,s:. t Jo sJJJC Mpeay sra.ie 1e3il!.La fd'uilaaloJd Iles align i',.; m1 plc`s�Cc\u3WWA` `asn urq.in 1Cusualui Isamol alp smolln b-11 • - .�,. ,_- ;, 'salols dams`spurpma‘ ;'' :31qpnlmui suuc.gsuom ouoz b-li oql jo asod and NI siaaiN . r. i ,;,, .�-,_n j, talc 1C39!.13 NC alml11, . _rr ;1-L'„,, ,, weld anisuaga.iduuo3 '11 T r. (osn pur-i aql ti!1311au.10 2uiddriu wow . ' . -:,- ' 411101si)b-21o1S-2I - - :,:: 1. , : woij 31rp,,CuuoX_midi' auoz}7-21 _- .•, _ 10 emir sn11 muozm_01 puauuuuoaai uolssnuU_oJ il'uluurld pun jjrls • _. .-...; insodold pm!!!!)rCli;) . auOZOJ a1C)JCuuax.Iaddn 8-1N-900Z UOIILpualuluoOOj Iu.ItJ /Wagon's �� > ', : i ,_ t,--N-2I Pauoz j i : .' >laaaj alrp CuuaN saps Iuipling omi 's , 1 3o slaiempraH . ui sllnsaa sisIC11)uv •_'—. I; ((you pc isrg- spurt a[grPllnII1 � _� Means b ssel� . luauldolanap � \ purl ' 1 , .t0j sa.lar ^�+, -lam„wad,paiaadsns . a nom } .. S I'I g PI ) uoneaugap pato}oN . 1 alagl`patunssr ;{\ , purllam lI adLl jl 1 ; i— umogs purpam paddroi . . . - c - olanoQ sia.Iv I1aUi.I3 -w.r j X.uaganig l lualod -uued icnagan[g ULM,'ail no stab lraiu.10 NU 0.101.11 . g-21 Pauoz Si ra it 3uipuno.uns •uonrpuowduoaal gum s.mauoa Iueagddd . udirJ NI Jo,Cpligr►n NI papaw!am! •Iuiuoz 1ua.una 4.)!m'awn raw uipuno.uns oqi ut saiiuega asn purl . luasa.id alp ie asn lrialawuloa.loJ padolanap asn PUe 152101 Gm N uta Us OIL`L)Icl.10d0.id Jo uoiuod g1aoN . uio.g o uega sa.unba.i auoz g-11 of o uegj . purl Irialauuuuoa Jo lunouue agl asra.laui 3uiuoz 8-1110 oI a.inssa.id jo>larl r salraiput ND pauoz b-1i 01 J uuo.uu anon.)e palsanba.i hump . iClivauna purl 3o Iuauidolanapa.I Jo lael . ul.tn J C.I.Iaganj8 Z-JAI-900Z sls10E1 uv -auoza) aa4J • Upper Kennydale Rezone Upper Kennydale Rezone • Some neighbors asked for more •Staff recommends •Planning Commission environmental protection and less intensive down zoning this arca recommends keeping development in the area around the to R-4 the zoning R-8 Blueberry Farm - R-4 zoning would help - Property owners have • Other neighbors wish to develop their stem cumulative invested in the property at R-8 levels of intensity changes to hydrology properties with the and wetland areas. expectation of R-8 • There are a number of vested development - Buildable lands development potential applications and pre-applications capacity would be Buildable lands about 110 units capacity would be about 205 units 2006-M-3 Rivera Rivera Property and Vicinity • Property on Carr Rd is zoned R-8,but used This entire area • as a mortgage business proposed for .c rezone to R-14 I • Owner requests a rezone from R-8 to CO (RMD Land Use) 8'8ac (RS to CC Land Use) — — I • Staff and Planning Commission recommend City-owned property �°` 1.78ac % rezone to R-14(RMD Land Use)to include S ;;fit ti this property and adjacent properties School -----____1111\\__ ,_-`_ ..,' 1 aaci 3.71ac Rivera Property — •.. l _.2yL! 8.74ac ' — 1 Rivera Rezone 2006 M-4 Springbrook Associates • Critical Areas limit development on Rivera property Request to • This piece is not contiguous to other CO rezone from • R-10 to CO ' properties (change - • Small commercial uses allowed in R-14 from RMD to CC Land zone Use) . • R-14 zone must be designated in a minimum 20 acre area spr b ooa Aseacaw(2006M-04) ! 4 --- ',. y' •. -i g 1 � ._ .. fie o � �.a r I N r' �'-x. f 4 - "'ill - • / ` O Ip ? t ? /�=� (� _ d _° 1 0�I d o If) y cd a c) X S-+ ^ u ^ 1 u 773 c: cs 0n = Ou 0. u ^ y CI UI Q'... su. c7 i'^ GQ' •� ° '' ^ 2 N c tr. = ti)CI a �..] a :a N 0 0 u v U i c4 0. U !n C4 ..,]'O Ou O r �,. M M cs O C� = ttio 3 >o —, ^cn o o cn � ov �� ..-„, .o� C o n —v Cv O " Q noA O .- ca It . p 3 .`".E' r_n cs n I •n r4u n u ce,en 6. GA .- c0 bA a.'—vvi'v� U ^p O „• CI ^^ '0 c c.0 '.. •E A ?. .� Y = . 0 PO CA 0'7 wco I b o.= Tom^ U 5 t';'. N a ,- -moo a O o P = 'b = o �'1 c azt O O z '. ca a.O O cs L-Z 'g-1,2 C vi U a, 8 P U U a, Ci) FA U 3 O a N°U U U 5 .,3 . O N Aqua Barn Rezone Analysis • The multi-family area is already fully developed Former A ua Barn Pro ert and the open space tract permanently set aside-so q P y there is no additional capacity created there. Development Agreement • The commercial area has capacity for approximately 22,216 sq ft of commercial development • The proposed amendment is a close match to the existing County zoning 2006-M-7 - Development Agreement 2006-M-7- Development Agreement • Applies only to 3.0 acre commercial component fronting on Renton—Maple Valley Highway • Planning Commission recommended a • Prohibits a number of ordinarily allowed uses in the development agreement on the commercial CA Zone,including: portion after the public hearing on --Natural resource extraction/recovery,hobby kennels, September 30,2006 group homes,and higher education institutions. —Adult retail uses,big box retail,horticultural nurseries, • This is the required public hearing on the retail sates,and vehicle sales, DeVelO nletft A Treement — Hotels,motels,off-site services,convalescent centers,and p medical institutions, —Vehicle related activities such as body shops,express transportation services,parking garages,dedicated park and ride lots and transit centers,and —All industrial uses Development Agreement, continued Development Agreement, continued • Restricts other ordinarily allowed uses such as"drive- in/drive through retail" • Requires that design standards apply to all commercial • Restricts vehicle rentals to 10 parking stalls as part of development on the site,including: a commercial development with shared parking A"Site Master Plan" • Restricts"car washes"to 7 AM to 9 PM with no self- Common thematic elements service washes allowed — 15'-wide landscaping strip with 30"high berm and red • Requires that"vehicle repair and service,small"be maples 25'on center along street frontages unless existing conducted within a building,and provides for trees are retained • A traffic mitigation fee credit(not to exceed --Common landscape elements throughout 3.0-acre site $252,799.50)reflecting property owners previous including 8'wide decorative concrete sidewalks along 2003 contribution to the Aqua Barn site's intersection building frontages facing parking areas,and improvements Screened and landscaped water detention ponds(if provided) 6 Highlands- Background Comprehensive Plan 7.oning Highlands Study Area rre • Comprehensive Plan • Highlands zoning Land Use and Zoning Package Amendments reviewed by the Taskforce Recommendations reviewed by the Planning Commission Planning Commission in April in September • Council asked for Includes Comprehensive Plan Amendments • Proposed amendments substantial revisions reviewed by Citizen's 2006-M-6 and 2006-T-2 • Revised proposal Taskforcc in October reviewed by Citizen's and supercedes prior staff recommendations Taskforcc in October Highlands- Proposed Changes to Highlands- Proposed Land Use Map Center Village Policies Amendments • Remove R-10 as an implementing zone in the • Add the area north of f f' - yrs " Center Village Land Use designation NE 1601 Street in the ' ' •4 :. ` ;a�.'" CV land use �-•- • Allow R-14 as an implementing zone in the Center designation - i ..• r ; . .R, . Village Land Use designation sF. tk, ,i.• t 1 • Place two areas with ;! G 1' r•t. _ " • Allow RM-U and RM-T as implementing zones in existing multi-family,,z- the Center Village Land Use designation /1 development in RMF ,, • Eliminate Strategy 319.3-which requires land use designation • '" • l t^,i;,... " residential-only development north of NE 12°'St. i�t.•:i t•-• AD . Highlands Proposed Land Use Map Highlands Proposed Rezones • R-10 and RMF • '"` s 1 it,. residential areas to R-14 ' 1 : t ;•"e . $■ ' ' 3-i',. • Areas with large multi- family developments .•. and Housing Authority �, .444.14101 �` ' properties from RIME to . ',-z- # • Areas with smaller --* 4µ•i".. ;{" multifamily ?"!t ;f."`1 ,i� ':3'."•. ,, ,} developments from:11111: " ' „. '`"' , t0 RMF s',,4sA. .. 1; -4''.. 11. 7 Highlands Proposed Zoning Map Highlands Proposed Zoning Text Amendments • Amend the implementing zones of the CV t land use designation —Remove R-10 as implementing zone' Allow R-14,RM-T,and RM-U as implementing �'I� ` zones ve;Ai.,' li , • Remove the Center Village Residential : 1E � Bonus District i • Adopt design regulations Highlands Proposed Zoning Text Highlands Proposed Zoning Text Amendments Amendments • Amend the uses in the R-14 zone: • Add clarifying language to the following —Allow new indoor recreational facilities terms: —Limit commercial development in the CV land —Pipe stem lots use designation —Design District Review Packet • Amend uses in the CV zone: --Affordable Housing -- Require commercial use on ground floor along Sunset Blvd —Townhouse —Amendment of uses for consistency with CV --Garden Style Apartment land use policies Highlands Proposed Zoning Text Highlands Proposed Zoning Text Amendments Amendments •Amendments to the development standards •Allow two types of affordable housing for the R-14 zone: bonuses in the R-14 zone: —Raise minimum density to 10 du/ac —Provision of affordable housing at 2 du/ac is —Raise minimum lot size for detached units to one way to become eligible for 18 du/ac bonus 5,000 s.f. density --Alley access required for new units on parcels --Allow a bonus of 30 du/ac if at least 50%of the with existing alleys units in a development 2 acres or larger in size are affordable 8 Highlands Proposed Zoning Text Amendments Next Steps •Amendments to the development standards • Planning and Development Committee to of the CV zone: meet on November 16,2006 —Allow a bonus of 10 ft.height if test floor is • First and Second Readings scheduled for commercial use November 27,2006 -Limit parking in the front setback —Reduced parking standard for attached do cu ing units 1[1. 9 c).s � 2006 Comprehensive Plan Amendments 1$ c, (, Public Hearing 41- November 13, 2006 Group 1: City of Renton Comprehensive Plan Text(Policy)Amendments Required Hearing: Planning Commission, September 20, 2006 Courtesy Hearing: City Council, November 13, 2006 #2006-T-1: City of Renton Text Amendment to update the Capital Facilities Element to incorporate adoption of the Issaquah and Kent School Districts Capital Facilities Plans. Planning Commission Recommendation: Adopt two new policies specifically adopting the Issaquah and Kent School Districts Capital Facilities Plans. #2006-T-3: City of Renton Requested text amendment to update the Land Use and Community Design Elements with housekeeping changes. Planning Commission Recommendation: Approve corrections and revisions to the Community Design and Land Use Elements with housekeeping changes. #2006-T-4: City of Renton Requested text amendment to update the Transportation Element to reflect changes in the capital projects. Planning Commission Recommendation: Approve the update to Table 8.3 to reflect the City of Renton's latest adopted Six-Year Transportation Improvement Plan. #2006-T-5: City of Renton Text amendment to allow existing Residential Manufactured Home Park zoning as an implementing zone in the Residential Low Density Comprehensive Plan designation. Planning Commission Recommendation: Approve a text amendment to the Residential Low Density designation to allow Residential Manufactured Home Park as an implementing zone. Group 2: Comprehensive Plan Map Amendments and Concurrent Rezones Required Hearing: Planning Commission, September 20, 2006 Courtesy Hearing: City Council, November 13, 2006 #2006-M-1: Wan Chee Map Amendment to change the designation from a combination of Neighborhood Commercial/Single Family with Neighborhood Commercial and R-8 split zoning to Neighborhood Commercial land use with Neighborhood Commercial zoning at 1315 N 30th St. Planning Commission Recommendation: Deny the rezone request for the property at 1315 N. 30th Street to change the designation from a combination of Neighborhood Commercial/Single Family with Neighborhood Commercial and R-8 split zoning to Neighborhood Commercial land use with Neighborhood Commercial zoning. Page 1 of 6 #2006-M-2: Susan Larson-Kinzer Map Amendment to change the designation from Residential Low Density land use with Resource Conservation zoning to Residential Single Family land use with R-8 zoning or Low Density Residential land use with R-4 zoning for a 3.4-acre parcel currently used as a blueberry farm and residence at 1733 NE 20th St. Planning Commission Recommendation: Deny the request for a Comprehensive Plan Amendment to Residential Single Family with concurrent R-8 zoning and recommend that the Kennydale Blueberry Farm be rezoned from Resource Conservation to R-4 but remain Residential Low Density land use. #2006-M-8: City of Renton Map Amendment to consider changing the designation for a 49-acre area of Upper Kennydale, south of NE 28th St and north of NE 16th St from I-405 to approximately the boundary of the Heritage Glen Subdivision Planning Commission Recommendation: Deny the Staff's recommendation to change the designation from Residential Single Family with R-8 zoning to Residential Low Density with R-4 zoning. #2006-M-3: Manuel Rivera (Patrick Hanis,Hanis Greaney Attorneys) Map Amendment to change the designation from Residential Single Family land use with R-8 zoning to Commercial Corridor land use with Commercial Arterial zoning on a 2.09-acre single family property at 851 Carr Rd. Planning Commission Recommendation: Deny the request to redesignate and rezone the property to Commercial Corridor with Commercial Arterial zoning. Approve redesignation of this property and the adjoining parcels within the City limits to Residential Medium Density with concurrent R-14 zoning. The R-14 zoning designation allows small commercial uses using the development standard of Neighborhood Commercial zoning. #2006-M-4: Springbrook Associates (Cliff Williams,Vineyards Construction) Map Amendment to change the designation from Residential Medium Density land use with R-10 zoning to Commercial Corridor land use with Commercial Office zoning for a 5.61-acre undeveloped property located just south of S 37th St, and west of the dead-end at S 38th St west of Talbot Rd. Planning Commission Recommendation: Approve the application changing the land use designation from Residential Medium Density to Commercial Corridor with a concurrent Commercial Office rezone. #2006-M-5: City of Renton Map amendment to change the area within the Puget Colony neighborhood from Residential Single Family to Residential Low Density with R-4 zoning and in the unincorporated Kimberly Lane and Hideaway Homesites Subdivisions from Residential Single Family to Residential Low Density. a) 18.8-acre Puget Colony Homes subdivision consisting of 61 lots located at SE 133rd St, SE 134th St, and SE 135th St, and SE 132nd St on the north and SE 136th St on the south. b) The nine lot Kimberly Lane subdivision to the immediate west on the north side of SE 136th St, 13508 138th Ave SE. Page 2 of 6 c) 1.1-acre parcel, west of Kimberly Lane subdivision. d) 31-lot Hideaway Home Sites subdivision on the south side of SE 136th St. Planning Commission Recommendation: Change the land use designation from Residential Single Family to Residential Low Density with R-4 zoning. #2006-M-7: City of Renton Map Amendment to change the designation of two± 1.5-acre parcels at the southeast corner of 152nd Ave SE and the Renton—Maple Valley Hwy(SR 169), the former Aqua Barn site, from Residential Low Density to Commercial Corridor with potential Commercial Arterial zoning. Map Amendment to change 27 acres from Residential Low Density to Residential Medium Density with potential R-14 zoning(upon annexation). Planning Commission Recommendation: Change the land use of the commercial parcels from Residential Low Density to Commercial Corridor and residential parcels from Residential Low Density to Residential Medium Density. Group 3: Aqua Barn Commercial Development Agreement Required Hearing: City Council, November 13, 2006 #2006-M-7 Development Agreement A development agreement is recommended as a condition of the proposed rezone to Commercial Arterial. The development agreement accomplishes three things: a) It will restrict the range of uses allowed in Renton's Commercial Arterial zone, as the City's zoning is broader than County zoning. b) The agreement also requires design considerations to insure that the site development provides a transition to the residential area. c) The agreement provides for transfer of traffic mitigation fee credit be granted up to $252,799 against traffic mitigation fees due upon development of the property. Group 4: Highlands Land Use and Rezoning Package #2006-M-6 and#2006-T-2: City of Renton Highlands Study Area Comprehensive Plan Map, Concurrent Rezonings, Comprehensive Plan Text Amendments Required Hearing: Planning Commission, September 20, 2006 Courtesy Hearing: City Council, November 13, 2006 Zoning Code Text Amendments Required Hearing: City Council,November 13, 2006 #2006-M-6: City of Renton Map amendment for changes in the Center Village land use designation in the Highlands Subarea Plan. This review will consider whether to amend the Center Village and Residential Medium Density Land Use Designations. Page 3 of 6 Original Staff Recommendation a) Change from Center Village to Residential Multi-family Land Use • Area south of Sunset Blvd/SR 900, east of Dayton Ave, north of NE 9th St and NE 9th PI currently zoned Residential Multi-Family. Zoning will remain Residential Multi-Family but the land use designation would be also become Residential Multi-Family. b) Change from Residential Multi-Family to Center Village • Area currently designated Residential Medium Density with R-10 zoning that is north of 16th St between Harrington Ave and Kirkland Ave. • The finger of parcels along Harrington Ave between 9th St and 7th St with frontage on Harrington Ave, these parcels would extend the Center Village south to 7th St. c) Change from Residential Medium Density to Residential Single Family • Area north of Sunset Blvd and west of Edmonds Ave. This area is currently zoned R-10 and developed with single family housing. • Area near Monroe Ave and Sunset Blvd. The properties on Monroe Ave are protected by covenant at their current level of intensity,which is approximately six units per net acre. The Planning Commission took a limited action on the original staff recommendation. The Commission concurred with the original staff recommendation for the map amendments but did not take action on either the concurrent rezoning or the concurrent zoning text amendments in the R-10, R-14 and CV zones because the Council appointed Highlands Task Force was assigned that review responsibility. This staff concurs with the Highlands Task Force recommendation. The original staff recommendation is superceded by the Highlands Task Force Recommendation. #2006 T-2: City of Renton 1) Text Amendments to update the Land Use Element to reflect changes in the Center Village Policies. a) Amended Policy LU-318 to delete R-10 as an implementing zone and add R-14 as an implementing zone in the Center Village and clarify that the RM zone with suffixes can implement the Center Village. b) Amend Strategy 319.2 to call for preparation of a subarea plan rather than a redevelopment plan to implement the Center Village land use concepts and provide that the phasing of the Plan is expected to occur within a two to five year period from the 2004 GMA update. c) Amend Strategy 319.3 to delete a statement that areas east of Edmonds Ave and north of Sunset Blvd currently zoned RMF are to remain in residential use and the area north of 12th St currently zoned R-10 is to remain in residential use. Planning Commission Recommendation: Approve corrections and revisions to the Land Use Element. Task Force Recommendation: The Highlands Task Force concurred with the proposed Comprehensive Plan Text Amendments Page 4 of 6 2) Highlands Task Force Recommendation: Land Use Map Amendments The proposal is to include the residential area north of NE 16th St in the Center Village (CV) land use designation. The Task Force also recommends include the multi-family areas southeast of NE 12th St and Monroe Ave NE, and east of Harrington Ave NE between NE 7th St and NE 9th St in the Residential Multi-Family(RMF) land use designation. 3) Highlands Task Force Recommendation: Concurrent Rezoning An upzone to Residential-fourteen units per acre(R-14)was recommended for the current Residential- ten units per net acre (R-10) zoning in the study area. R-14 zoning was also recommended for the duplexes north of Sunset Blvd in the vicinity of Glenwood Ave NE and Harrington Ave NE. CV zoning was expanded along Sunset Blvd, in a few parcels adjacent to the existing commercial area and the Houser Terrace and Evergreen Terrace properties owned by the Renton Housing Authority. Rezoning to RMF was recommended for three strips of properties: a strip along Kirkland Ave NE, a strip south of NE 12th St, and a strip along Harrington Ave NE. 4) Highlands Task Force Recommendation: Concurrent Zoning Text Amendments Amendments are proposed to the development regulations in the R-10, R-14 and CV zones. Non-Conforming Uses Past zoning proposals for this area included the possibility of implementing zoning that did not allow existing residential uses, such as duplexes and single family homes. In such situations, the existing use is considered a legal non-conforming use. Legal non-conforming is the technical term for "grandfathered in". It means that the use is allowed to continue but may not expand or enlarge. Several members of the Task Force wished to ensure that the zoning proposal allow existing residential uses to remain legal and conforming. The recommended zoning proposal eliminates the issue of non- conforming uses. All existing use types (duplexes and single family uses) are allowed uses in the proposed zoning package. Property Redevelopment One of the most debated issues in the package of proposed zoning changes was a requirement that the existing unit had to be removed when properties came in for subdivision. This would only affect those applying for division of their properties and not to other changes like remodels or additions. However, the Task Force felt that property owners should not be required to remove existing units in order to subdivide their property. In lieu of requiring the removal of existing units, the Task Force indicated that property owners should be required to upgrade the existing units. Unfortunately,building and related codes make this impossible to implement without declaring the unit a hazard. The Task Force did not wish to create a situation in which existing units were declared hazardous. However, the Task Force did recommend deleting the provision that required the removal of existing units upon subdivision. The Task Force recommends that this provision be removed from both the R-14 or R-10 zones if either of those zones is used to implement the Center Village land use in the Comprehensive Plan. Affordable Housing Keeping the neighborhood an affordable place to live for people in all stages of their lives was important to the members of the Task Force. In the R-14 zone, there is an allowed density bonus of 18 units per net acre. The Task Force recommends keeping the proposed incentive of creating two units of affordable housing as one of the options to achieve the density bonus. The Task Force also recommends implementing an incentive geared toward public agencies and non-profit organizations whose mission is to provide affordable housing. An incentive is recommended that would allow a bonus of 30 units per Page 5 of 6 net acre for any project of at least two acres, in which a minimum of 50 percent of the units developed would be affordable to those with incomes of 50 percent of the Area Median Income. Limits on Commercial Development While the Task Force liked the flexibility of the R-14 zone, there was general concern that it could allow some small commercial uses in a residential area. To prevent this, the Task Force recommendation specifically prohibits on-site services, retail, and eating/drinking establishments in this area unless they are accessory to a community, school, or recreational use. This would allow the possibility for a small business like an espresso stand or bicycle rental to locate in a park or the Community Center. A hearings examiner conditional use permit would be required. The Task Force also recommends that new, indoor recreational uses should be allowed in the R-14 zone to allow for redevelopment of the North Highlands Community Center property. Commercial Development Amendments in the Center Village Zone The CV zone is primarily oriented toward commercial development. Residential uses are allowed but some limits must be put in place to ensure that as the area begins to redevelop. Residential uses will not dominate this zone. As a result, the Task Force recommends increasing the minimum residential density in this area to 20 dwelling units per net acre. This will prevent lower density residential-only redevelopment from occurring in the commercial area. The Task Force also recommended a standard which requires commercial development in properties fronting on Sunset Blvd. This proposes that commercial development occupy a minimum of 75 percent of the frontage on Sunset Blvd. Another Task Force recommendation is to allow a ten foot height bonus in the CV zone for properties that have first floor commercial development. This allows building of four stories of residential over first floor commercial development, an important incentive for the development of mixed use commercial and residential buildings. R-14 Zone Density The Task Force recommends raising the minimum density in the R-14 zone to ten units per acre to comply with the Comprehensive Plan for the CV land use designation. The Task Force also recommends keeping the current bonus system in the R-14 zone that allows densities up to 18 units per net acre. In order to receive the bonus however, the proposed development would have to offer one of the following desired items: alley access, open space, or affordable housing. Design Regulations The Task Force recommends implementation of Design Regulations for all properties within the CV land use designation. The regulations consist of standards and guidelines that would be applied to new development. Minimum Lot Size for Detached Residential Development The Task Force recommended that the minimum lot size for single family detached residences in the R- 14 zone be set at 5,000 square feet. If the City Council determines to keep the current R-10 zoning, then the Task Force recommends that the proposed minimum lot size for single family residential of 5,000 square feet be required in the R-10 zone. 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',;::,.. .':.;:;::: ..,,,.::<;,x,..%,-..;.",;.:;,:: ::....,...-;:',.<>'y.i, ' /,,;..+,, .%' .. si,. Yj. , . ::::'-c--,:.::',':;: :-.:"...,:." :',':::'''..:':-":/.',. ...'":.':::',':,--.:,;'.:,::; Y.i: 1111.,-- , .....-- ......._ Aqua Barn CPA 2006-M-07 0 300 600 Planning Commission Recommendation Commercial Corridor w/CA Zoning 1 : 3600 Gti • , Economic Development Neighborhoods&Strategic Planning , ., ®+ Alex Pietsch, ishmor i. 1 Residential Medium Density .E.Feasel w/R-14 Zoning c�NT• 13 November 2006 s www...74 1 to, .....,„,,__��I� ��N. __■ U1IU 1wi�� ■ ■ ii /II i ■,r 111111■� ■■��■I■ mili ■ 1. aki 1111111= I 1111 t t 4y iu—Tim. 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IIIII II= ...ipd IN NI MIIIIII Staff Recommendation J R-4& Residential Low Density EmuamicDeve,opmwCNdghbofiwd�&Swegic Pimnme l I R-8& Residential Single Family C9) C ® R-4 proposed under application CPA 2006-M-2 1 : 4800 IJ No.mba 20U6 ��Y O A 2006 Comprehensive Plan Amendments rm• + Public Hearing 41— < November 13, 2006 Group 1: City of Renton Comprehensive Plan Text(Policy)Amendments Required Hearing: Planning Commission, September 20, 2006 Courtesy Hearing: City Council, November 13, 2006 #2006-T-1: Text Amendment to update the Capital Facilities Element to incorporate adoption of the Issaquah and Kent School Districts Capital Facilities Plans. #2006-T-3: Requested text amendment to update the Land Use and Community Design Elements with housekeeping changes. #2006-T-4: Requested text amendment to update the Transportation Element to reflect changes in the capital projects. #2006-T-5: Text amendment to allow existing Residential Manufactured Home Park zoning as an implementing zone in the Residential Low Density Comprehensive Plan designation. Group 2: Comprehensive Plan Map Amendments and Concurrent Rezones Required Hearing: Planning Commission, September 20, 2006 Courtesy Hearing: City Council, November 13, 2006 #2006-M-1: Wan Chee, 1315 N 30th St Change from a combination of Neighborhood Commercial/Single Family with Neighborhood Commercial and R-8 split zoning to Neighborhood Commercial land use with Neighborhood Commercial zoning. #2006-M-2: Susan Larson-Kinzer, Kennydale Blueberry Farm, 1733 NE 20th St Change from Residential Low Density land use with Resource Conservation zoning to Residential Single Family land use with R-8 zoning or Low Density Residential land use with R-4 zoning for a 3.4-acre. #2006-M-8: City of Renton Change the designation for a 49-acre area of Upper Kennydale, south of NE 28th St and north of NE 16th St from 1-405 to approximately the boundary of the Heritage Glen Subdivision from Residential Single Family with R-8 zoning to Residential Low Density with R-4 zoning. #2006-M-3: Manuel Rivera, 851 Carr Rd Change from Residential Single Family land use with R-8 zoning to Commercial Corridor land use with Commercial Arterial zoning on a 2.09-acre single family property. #2006-M-4: Springbrook Associates, south of S 37th St, and west of the dead-end at S 38th St west of Talbot Rd Change from Residential Medium Density land use with R-10 zoning to Commercial Corridor land use with Commercial Office zoning for a 5.61-acre property. #2006-M-5: City of Renton Change Puget Colony, Kimberly Lane, and Hideaway Homes from Residential Single Family to Residential Low Density with R-4 zoning at Puget Colony and in the unincorporated Kimberly Lane and Hideaway Homesites Subdivisions change from Residential Single Family to Residential Low Density. #2006-M-7: City of Renton,former Aqua Barn site, southeast corner of 152nd Ave SE and the Renton— Maple Valley Hwy(SR 169) Change the designation three acres from Residential Low Density with potential R-4 zoning upon annexation to Commercial Corridor with potential Commercial Arterial zoning and change 27 acres from Residential Low Density to Residential Medium Density with potential R-14 zoning. A development agreement is recommended as a condition of the proposed rezone to Commercial Arterial. Group 3: Aqua Barn Commercial Development Agreement Required Hearing: City Council, November 13, 2006 #2006-M-7: City of Renton,former Aqua Barn site, southeast corner of 152nd Ave SE and the Renton—Maple Valley Hwy(SR 169) A development agreement is recommended as a condition of the proposed rezone to Commercial Arterial. Page 1 of 2 Group 4: Highlands Land Use and Rezoning Package #2006-M-6 and#2006-T-2: City of Renton Highlands Study Area Comprehensive Plan Map, Concurrent Rezonings, Comprehensive Plan Text Amendments Required Hearing: Planning Commission, September 20, 2006 Courtesy Hearing: City Council,November 13, 2006 Zoning Code Text Amendments Required Hearing: City Council, November 13,2006 The staff concurs with the Highlands Task Force recommendation. The original staff recommendation is superceded by the Highlands Task Force Recommendation. 1) Text Amendments to update Center Village Policies in the Land Use Element. a) Policy LU-318, R-14, RM-T, RM-U zones b) Strategy 319.2, Subarea Plan c) Amend Strategy 319.3, Non Residential Use east of Edmonds Ave and north of Sunset Blvd 2) Map Amendments to the Residential Medium Density and Center Village Comprehensive Plan Designation a) Include the residential area north of NE 16th St in Center Village b) Include the area southeast of 12th St and Monroe Ave and east of Harrington Ave NE between 7th St and 9th St in Residential Multi-Family 3) Concurrent Rezoning a) R-14 to replace existing R-10 zoning b) R-14 to replace RM-F at Glenwood Ave and Harrington Ave c) CV to replace RM-F for Houser Terrace, Evergreen Terrace, and Sunset Terrace (Renton Housing Authority properties) d) RM-F to replace R-10 for three strips of properties • Kirkland Ave • south of NE 12th St • Harrington Ave SE 4) Zoning Text Amendments a) Non Conforming Uses—eliminated for duplexes and single family b) Property Redevelopment—existing buildings may remain upon redevelopment c) Affordable Housing—incentive and bonus d) Limits on Commercial Development in R-14—only in a park or community center e) CV Zone • Commercial Mixed Use required for a 75 percent of frontage on Sunset Blvd • Ten foot height bonus for first floor commercial • Minimum residential density 20 dwelling units per net acre • Maximum residential density 80 dwelling units per net acre f) R-14 zone • Bonus to 18 dwelling units for alley access, open space, or affordable housing g) Design Regulations h) R-14 and R-10 zone Minimum lot size for additional residential 5,000 square feet Page 2 of 2 ir ��� d�� //—/3-G Randy Corman, President November 13, 2006 Renton City Council 1055 South Grady Way Renton, WA 98055 Subject: Renton Comprehensive Plan Amendment 2006-M-2—Blueberry Farm Dear Mr. Corman This letter is intended as a written comment in conjunction with the November 13th, 2006, City Council Public Hearing on the 2006 update to the Renton Comprehensive Plan. I would also like to incorporate by reference all the materials and testimony submitted on the issue to the City Planning Commission. I submit that the applicant has not provided the required burden of proof that the changes in zoning to the Blueberry farm property are of any benefit to the Public. The current zoning of RC—Resource Conservation is consistent with the historical and current use of the property as a blueberry farm; and also consistent with the underlying existence of a rare and environmentally valuable peat bog. The current zoning of RC may appear on the map to be incorrectly described as Spot Zoning but it is in fact correct zoning as it reflects the existence of both the headwaters of Kennydale Creek and the location of a rare and unique peat bog. The City argued in their July 2006 analysis of this issue that there was no mapping of the headwaters of Kennydale Creek, but the several of the City maps do show Kennydale Creek with obvious direct connection to the Blueberry Farm Property. The City also refers to the Creek as a Class 4 stream, however the overwhelming evidence collected shows that this stream does not ever run dry and should be classified as a City Class 3 waterway. We provided affidavits from a number of nearby residents commenting on that issue. The City also discussed the mapped wetlands which reportedly covered a portion of the Blueberry Farm property. The City wetland map of this area also is obviously flawed. More reliable indicators of the wetland location straddling NE 20th St. would be the 1952 USDA King County Soil Survey map showing the location of a rare spring fed peat bog at that location and the topographical map furnished by the City with the amendment package showing almost all of the Blueberry Farm property at a low elevation that would be consistent with the identified peat bog wetland. Another indicator of the unsuitability of the Blueberry Farm for residential development is the 1980's attempt to develop the property by Schneider Homes. In July 1982 Schneider bought the site for$ 90,000 and explored development with the City. The development was apparently not found feasible and in November 1988 the site was sold to the Kinzers for$78,000. The Kinzers have also argued that the property is no longer commercially viable for farming. There has been no evidence provided that the income from the property has reduced by development or other factors, or that the production of berries has been affected. In fact the farm has been open for business this summer and the berries appear to be thriving. The water table in the area was affected during and after the de-watering during the Heritage Glen construction, however the level in the last year has returned to the levels experienced in the past decade. Another issue not mentioned in the City's discussion of this issue is reduction of loss of aquifer recharge. A signification portion of the City's water supply is furnished by wells located near NE 24th St. and Jones Ave NE. Any development of the Blueberry Farm area may adversely affect the quantity and/or quality of the well water. I believe that the Kinzers have not met the requirement that they provide proof that the Resource Conservation zoning is no longer appropriate for this site. They have not shown that the site does not contain critical areas that must be preserved. They have not shown that the long standing agricultural use has been affected by environmental changes. They have not shown that the uses allowed by the requested revised zoning will result in increased public benefit. I request that the City Council reject this Comp Plan Amendment or return this issue to the applicants for re-submission with the issues noted above more thoroughly addressed. Sincerely William E. O'Connor 10402 151st Ave SE. Renton, WA 98059 de ; �feCC b< 2d J/�2 l �LLC CITY OF RENTON /1 /' PUBLIC HEARING COMMENT . Kennydale Blueberry Farm Rezone CPA 2006-M-02 LUA05-159, R, ECF Highlands Area November 13, 2006 I did not think that I could be shocked any more by lack of City interest in complying with laws or its unreasonableness. However, the disrespect for SEPA, GMA and various State agencies evident in the file for the above action has actually shocked me. I didn't think that the City would display such a blatant disposal of environmental values and Laws. I am busy, but I just decided to take the time to comment because of the above. I was employed at the blueberry farm around forty years ago. I have also witnessed trout minnows at the headwaters of Kennydale Creek, (under 405 a short distance to the west) which was adjacent to the back of my Mom and Dads past residence. There are a number of unaddressed concerns regarding your possible legislative action on this property,that would be grounds for invalidation of the zone(regulation) I shall outline a few of them herewith for your consideration; 1) The wetlands on the property are undelineated, unstudied, improperly rated, and there has been no function assessment done. Staff unjustifiably and erroneously relies only on the Renton code to further the lack of information even though the actions take place under SEPA, a Washington environmental law. 2) There are important species and salmonid species that rely upon valuable systems relevant to this proposal. 3) The City Council would be unable to decide on how to proceed with this action until the scientific empirical bases upon which the project rests are considered; anything otherwise is contrary to Laws. 4) In the words of the City's planner, the project has"significant"implication for the neighborhood and the surrounding areas. That requires decision makers to be able to deliberate after disclosure according to laws. 5) The City paper also concludes that the information about the property, which is likely to be "rare peat", and "muck" is inadequate, and the most unlawful fact is that no measures are proposed to mitigate adverse effects. 6) The Planner that commented on the proposal was misplaced, stating that no comments were received about alternatives, because there were many comments not the least of which is the environmental element of the comprehensive plan that states that the City's goal is to protect such critical areas and achieve no loss of critical habitat wetland areas of this type. 7) The Staff has evidently decided to ignore the Department of Ecology, Department of Fish and Wildlife, not to mention the City's own plan for the protection of the environment and water resources. 8) It is true that the City still is ignoring it own policy, that calls for enacting regulations that are equivalent to the Ecology storm water manual intended to address these types of issues. 9) Staff has contended that"no environmental review is required" in a SEPA process which is actually a Law designed for full disclosure and review of actions by the City. No current studies or scientific information is available to the public. That is illegal and outside of SEPA and GMA. 10) The City is required to obtain HPA permits under RCW 77.55.020 for any action which could impact the flow of groundwater. As such, a word of caution to the City; there are appeals being also being planned at this time in an effort to compel the City to comply with GMA and SEPA instead of just an outdated map and no analysis. (inadequate environmental review) SEPA constitutes a full disclosure environmental law and the GMA requires the City to be guided by Environmental principles and include the best available science in decisions that affect areas like this, (something that has not yet been done) It would very likely be a waste of City money to proceed further without observation of the above principles, because the likelihood of successful appeals against this proposal are a definite reality. There is not much difference with this project than there is with proposing to discharge a huge volume of polluted storm water down Sunset Blvd. into John's creek and Coulon Park caused by inadequate mitigation of storm water flows. All need to have a plan for mitigation of adverse effects. I guess the City policy is to refuse to do that. It should now come to be realized that the above would be the prerequisites for proceeding with this rezone that will affect the City of Renton. In the alternate, appeals are likely to be forthcoming. On a closing note, it is wrong and illegal to say that no environmental review is required for"non-project" actions according to SEPA, and/or,planning to build homes on a blueberry farm wetland is a"project". I would think carefully about how to further public interests when deciding to rezone the Blueberry farm. Brad Nicholson 2811 Dayton ave N.E. Renton, Wa. 98056 425 445 0658 d he cc Liti: 1 //.. /3-06 November 13, 2006 Public Hearing Portion of The City of Renton City Council Meeting From: Wm Collins &Family 420 Cedar Ave So Renton 98057 Subject: Statement in regards to the Kennydale Blueberry farm 1. In the minutes of The City of Renton's Office of the Hearing Examiner dated October 17, 2006, the City and its Planning Department successfully exhibited to a developer and their attorneys that 3.2 acres at 900 Renton Avenue South contained a Category 3 wetland, two Class 4 streams and one Class 3 stream all requiring buffered setback areas and other wetland protection as defined in the City's Critical Area Regulations. (Ref Defoor Short Plat LUA 05-089). We request that the City of Renton apply the same considerations to the established wetland known as the Kennydale Blueberry Farm. 2. In the interest of fairness, we request that this item be removed from the Comprehensive Plan Update currently under consideration so as not to delay the implementation of the Comprehensive Plan. /::71/40 iftrg t P Jic /Iear1ry correspond ce //-f3-1X SMITH & LOWNEY, .•: 2317 E. JOHN ST. CITY OFFENTON SEATTLE, WASHINGTON 9S 1 22 • (206) 860-2976. FAX 1206) 660-4187 NOV 1 3 2006 November 13, 2006 RECEIVED CITY CLERK'S OFFICE Renton City Council <'30,m 1055 S. Grady Wayand uc red ly Renton, WA 98057 Susan Ridder; Via Telefax 425-430-6523 QJso reed ✓�a )c Subject: 2006 Comprehensive Plan Amendments #2006-M-2 • Dear City Council Members: On behalf of our clients, we object to the Public Notice given for tonight's City Council meeting. The notice, appearing in the King County Journal on November 3, 2006,failed to notify the public of the purpose of the City Council's meeting, as required by RCW 36.70.390. Additionally,the notice failed to properly identify the properties under discussion this evening, specifically the Kennydale Blueberry Farm, as required by RCW 36.70.315. Cumulatively, such notice fails to provide due process to our clients and other members of the community interested in the proposals. We believe that to continue with the planned consideration of the Comprehensive Plan Amendments would be a mistake, as these notice errors would ultimately be fatal to the Council's decision. In addition,we trust that the City Council wants to provide the best possible notice so that our clients and other members of the public can adequately prepare for the hearing, thereby helping to inform the Council and the legislative process. We therefore request that the City Council postpone for 30 days its consideration of any changes to the 2006 Comprehensive Plan and all proposals relating to the Kennydale Blueberry Farm. We thank you in advance for your consideration of these comments. Very Truly Yours, SMITH & L❑WNEY, P.L.L.C. By oll D. Lowney Attorneys for Bill O'Connor and Kennydale Critical Areas Alliance • 13-11-'06 15:56 FROM- 206-860-4187 T-382 P001/002 F-903 2317 bast John Street Seattle.WA 98112 Smith & Lowney, Phone: 206-860-1570 PLLC Fax: 206-860-4187 www.smithandlowney.com • • Fax To: Renton City Council From: Knoll Lowney Fax 425-430-6523 Pages: 2 Phone: Date: 11/13/06 Objection to Public Notice of 11/13/06 City Re: cc: Council Meeting • 0 Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle 13-11-'06 15:56 FROM- 206-860-4187 T-382 P002/002 F-903 ' SMITH Sc. LOWNEY, 2317 E. JOHN ST. SEATTLE, WASHINGTON 98122 (206) 860-2976. FAX (2051660-4157 November 13, 2006 Renton City Council 1055 S. Grady Way Renton, WA 98057 Via Telefax 425-430-6523 Subject: 2006 Comprehensive Plan Amendments #2006-M-2 Dear City Council Members: On behalf of our clients, we object to the Public Notice given for tonight's City Council meeting. The notice, appearing in the King County Journal on November 3, 2006, failed to notify the public of the purpose of the City Council's meeting, as required by RCW 36.70.390. Additionally,the notice failed to properly identify the properties under discussion this evening, specifically the Kennydale Blueberry Farm, as required by RCW 36.70.315. Cumulatively, such notice fails to provide due process to our clients and other members of the community interested in the proposals. We believe that to continue with the planned consideration of the Comprehensive Plan Amendments would be a mistake, as these notice errors would ultimately be fatal to the Council's decision. In addition, we trust that the City Council wants to provide the best possible notice so that our clients and other members of the public can adequately prepare for the hearing,thereby helping to inform the Council and the legislative process. We therefore request that the City Council postpone for 30 days its consideration of any changes to the 2006 Comprehensive Plan and all proposals relating to the Kennydale Blueberry Farm. We thank you in advance for your consideration of these comments. Very Truly Yours, .i SMITH & LOWNEY, By oll D. rOiNney Attorneys for Bill O'Connor and Kennydale Critical Areas Alliance HALINEN LAW OFFICES, P.S. A Professional Service Corporation David L.Halinen,P.E. McCarver Square Tacoma: (253)627-6680 davidhalinen@halinenlaw.com 2115 N. 30th Street, Suite 203 Seattle: (206)443-4684 Tacoma, Washington 98403-3397 Fax: (253)272-9876 November 13, 2006 PUBLIC HEARING CORRESPONDENCE Renton City Council 1055 S. Grady Way, Seventh Floor Renton, Washington 98055 RE: My Client Aqua Barn Ranch, Inc.'s 3.02 Acres of Commercially Zoned Property at the Southeast Corner of the Intersection of SR 169 and 152nd Avenue SE (King County Assessor's Parcel Numbers 2323059210 and 2323059211) Request for Council Approval of (1) a "Corridor Commercial" Land Use Map Designation, (2) "Commercial Arterial" Zoning and (3) a Corresponding Development Agreement (Portion of City File#2006-M-7) Dear Council Members: I am writing on behalf of my client Aqua Barn Ranch, Inc. ("ABR"), the owner of the two parcels of commercially zoned property totaling about 3.02 acres fronting on SR 169 and located at the southeast corner of the intersection of SR 169 and 152nd Avenue SE in the portion of unincorporated King County that is the subject of Renton's proposed Maplewood Annexation. In regard to those two parcels, on ABR's behalf I hereby request and urge you to approve (1) a "Corridor Commercial" (CC) Comprehensive Plan Land Use Map designation, (2) "Commercial Arterial" (CA) zoning and (3) a proposed Development Agreement that my client and I have negotiated with Don Erickson and Rebecca Lind of your Department of Economic Development, Neighborhoods and Strategic Planning over the last two-and-a-half months, a Development Agreement that is now before the Council for approval. Please let me elaborate. The Planning Commission's Consideration of the Proposed Land Use Map Amendment and Zoning Concerning the Subject Aqua Barn Parcels On September 20, 2006, the Planning Commission held its public hearing concerning 2006 Comprehensive Plan Amendments and Zoning Amendments, including the subject proposed CC Land Use Map amendment and CA zoning for the two Aqua Barn parcels. In support of the proposed Land Use Map amendment and zoning, at that hearing I submitted an eight-page letter with eight attached exhibits. A set of copies of that letter along with those eight exhibits is attached to this letter and I hereby request that you consider those materials as part of my testimony to the Council in support of ABR's request. That letter to the Planning Commission provides both: Renton City Council November 13, 2006 Page 2 (1) A detailed description of the history of the two subject parcels (including the parcels' commercial zoning history in unincorporated King County), a history that is important to bear in mind concerning this request; and (2) A detailed analysis of applicable Renton Comprehensive Plan land use objectives and policies, an analysis that demonstrates that the requested "Corridor Commercial" Land Use Map designation and "Commercial Arterial" zoning for the subject property are appropriate and should be approved. There was no public testimony in opposition to the Aqua Barn proposal provided to the Planning Commission. The Planning Commission deliberated concerning the Aqua Barn proposal at its October 4, 2006 meeting. At that meeting, the Planning Commission voted unanimously to recommend to the Council the proposed "Corridor Commercial" Land Use Map designation and CA zoning for the subject two parcels. Development Agreement Overview of Site-Specific Land Use Limitations The proposed form of Development Agreement that my client and I have negotiated with Mr. Erickson and Ms. Lind includes on pages 3 through 5 thereof an extensive set of site-specific land use limitations. Those limitations are of three types. The first type is a list of particular uses that, although generally permitted on property zoned CA, under the Development Agreement would be rendered inapplicable to ABR's two parcels. The second type sets forth special restrictions for other particular uses allowed in the CA. The third type is a set of design standards (set forth on Exhibit B attached to the proposed Development Agreement) that would be applicable to commercial development on the subject parcels. One Outstanding Issue We have reached agreement with Mr. Erickson and Ms. Lind on every aspect of the Development Agreement with the exception of an issue concerning the number of free-standing drive-in/drive-through fast-food restaurant buildings that would be allowed on the subject property (an issue relating to one of the above-referenced "second type" of site-specific land use limitations). Note that under the site's existing King County "Neighborhood Business" zoning, no limitation would exist on the number of such buildings allowed. Neither my client nor I believe that there should be a limitation. The site is located on the heavily traveled Maple Valley Highway (SR 169) at an important signalized intersection with 152nd Avenue SE located about 3.2 miles east of I-405 and 7.36 miles northwest of Maple Valley. (See the Attachment 1 map to this letter.) No fast food restaurants exist along that stretch of Maple Valley Highway. This site will inevitably serve both the nearby community as well as other travelers on the Highway and fast food vendors on the site will be appropriate. • Renton City Council November 13, 2006 Page 3 Note that Mr. Erickson advised the Planning Commission during at least one of his presentations to the Commission that he had discussed with members of the nearby community what they would like to see at the site and was told fast food restaurants are a use they would like to see. Bear in mind, however, that except in highly dense commercial settings (like downtown Seattle) or in captive markets (like the Sea-Tac Airport terminal), developers of such restaurants will generally only agree to construct a facility if they can have a free-standing building with a drive-up window. Because we were unable to reach agreement with department staff as to a particular maximum number of allowed free-standing drive-in/drive-through fast-food restaurant buildings at the site, we left a blank as a place-holder on page 4 of the Development Agreement so the Council can be advised of and readily consider the issue. My client hereby requests that there be no such special restriction at all. However, if the Council decides to place a maximum number of such buildings on the site, my client requests that at least three (3) such buildings be permitted. Three such buildings certainly would not be excessive on the subject three-acre site because, given the size and land value of the site, there inevitably will be various other buildings and uses constructed on the site as well. Please let me know if you have any questions concerning any aspect of my client's request. Thank you for your anticipated consideration. Sincerely, LINEN L A OFFICES, P.S. 011 David L. H.linen cc: Attachments (My September 20, 2006 letter to the Renton Planning Commission and the Attachment 1 map) Aqua Barn Ranch, Inc. Cedar Grove Properties, LLC Attn: Marlin Vortman(via email) Attn: Mark Hashem (via email) Mayor Kathy Keolker-Wheeler Rebecca Lind, Planning Manager, City of Renton Department of Economic Development,Neighborhoods and Strategic Planning Don Erickson, Senior Planner City of Renton Department of Economic Development, Neighborhoods and Strategic Planning AQUA BARN SITE IN RELATION TO 1-405 AND THE CITY OF MAPLE VALLEY - I ~Bryn Ma '.4 -- 90 Squab 1 ; I \ / j SE yMounlain Tiger 4 l I 1A i I � / Mountain Ba ' ' "' I ►. SE�28th St - �. 1 r3 17 mi-park ayj %/ 0,00 ftejnto nnnnnnn lif �____,_ s = =, `� 4. AQUA BARN SITE . ( ob i 167 \ K I N ~ �ls�l ,rw �.. / �!� ill `�: . ~ 1 i N 0' \ !1 'Cr ~` SEI Q -- p i 515 Lake ��(,., ,...„,/,,,s, 1I \ v•I—°1 1 w Youngs ski„ • W o0I I t `.f Cn I 4 i W \ <<` -4. \ t WI 7.36 mi U) �, �,: 1 r;,maple Valley > t 18 ' ;, ► Qi 1" Q S E 240 St ` N, 516 17 `—,.� i` fDE NI d- -''---.Kent M 1 4 t , l N—I r c,. `1 ,--' tii Omi 1 2 3 4 5 Copyright Ci 1988-2004 Microsoft Corp.andfor its suppliers.All rights reserved.http://www.microsoft.comistreets/ ©Copyright 2003 by Geographic Data Technology,Inc.All rights reserved.©2004 NAVTEQ.All rights reserved.This data includes information taken with permission from Canadian authorities©Her Majesty the Queen in Right of Canada. N • HALINEN LAW OFFICES, P.S. A Professional Service Corporation David L.Halinen,P.E. McCarver Square Tacoma: (253) 627-6680 davidhalinen@halinenlaw.com 2115 N. 30th Street, Suite 203 Seattle: (206)443-4684 Tacoma,Washington 98403-3397 Fax: (253)272-9876 September 20, 2006 PUBLIC HEARING CORRESPONDENCE Renton Planning Commission Renton City Hall 1055 S. Grady Way Renton, Washington 98055 RE: My Client Aqua Barn Ranch, Inc.'s 3.02 Acres of Property at the Southeast Corner of the Intersection of SR 169 and 152nd Avenue SE (King County Assessor's Parcel Numbers 2323059210 and 2323059211) Comprehensive Plan Amendment#2006-M-7/Request for Approval Dear Commissioners: I am writing on behalf of my client Aqua Barn Ranch, Inc. ("ABR"), the owner of the two parcels of commercially zoned property totaling about 3.02 acres fronting on SR 169 and located at the southeast corner of the intersection of SR 169 and 152nd Avenue SE in the portion of unincorporated King County that is the subject of Renton's proposed Maplewood Annexation. ABR is currently under contract to sell those two parcels to Cedar Grove Properties, LLC ("Cedar Grove"), a company that is planning to construct a retail development on the parcels. For the reasons set forth below, I urge you to support the portion of City-initiated Comprehensive Plan Amendment #2006-M-7 that would designate those two parcels Corridor Commercial (CC) on the Renton Comprehensive Plan Land Use Map and zone them Arterial Commercial (CA)'. History of the Two Subject Parcels Overview of the Aqua Barn Ranch The two subject parcels comprise the remainder of ABR's land holdings of what was originally known as the Aqua Barn Ranch, a commercial recreational facility that, from about 1948 until 2003, featured a restaurant, an indoor commercial swimming pool, horseback riding (including a riding arena), various types of lodging (rooms, camping facilities and a recreational The other part of Amendment 2006-M-7 contemplates an RMD Land Use Map designation and concurrent R-14 zoning on the site of a recently constructed multi-family residential development south of and abutting ABR's subject two commercially-zoned parcels. • Renton Planning Commission September 20, 2006 Page 2 vehicle park), and a community hall operated on a site contain approximately 70 contiguous acres located at the southeast quadrant of SR 169 and 152nd Avenue SE. Other, small businesses leased space and operated on the property as well. Approximately 20 of those 70 original acres were sold off around 1990 and were developed into what is now the Emerald Crest Mobile Home Park that lies immediately to the east and southeast of ABR's two remaining parcels. King County Land Use Map and Zoning Amendments of 10 Acres of the Site to Neighborhood Business in 1996 During 1995, ABR hired me to seek a King County Comprehensive Plan Land Use Map Amendment to the County's "Neighborhood Business" designation and a corresponding zone reclassification of the County's Zoning Map to the County's "Neighborhood Business" (NB) zone for the north 10 acres of the then-remaining 38 acres of ABR's holdings. (See Exhibit 1, attached, which is a copy of a map depicting by hatching the location of the 10-acre site involved and see Exhibit 2, attached, which is a color aerial photo on which I have outlined that 10-acre portion of the Aqua Barn property.) ABR's now remaining 3.02 acres comprise the northernmost part of the 10 acres that were the subject of the 1995-96 Amendment effort. While the rezoning effort was not site plan specific, a conceptual site plan depicting an idea of a retail development that was within the scope of the BN zoning being sought was presented to King County--see Exhibit 3, attached. The Neighborhood Business Amendment process extended through most of 1996 and involved consideration by (1) the Metropolitan King County Council's Growth Management, Housing & Environment Committee, (2) the Renton City Council's Planning & Development Committee, (3) the full Renton City Council and, ultimately, (4) the full Metropolitan King County Council. Exhibit 4, attached, which describes the Land Use Map amendment that was prepared by the Growth Management, Housing & Environment Committee (and ultimately approved by the full Metropolitan King County Council in December of 1996), includes the following rationale statement for the amendment, which puts it into context: The amendment recognizes the significant commercial character of the site, which has a long history of commercial use; the Aquabarn swimming pool and restaurant has been operating for over twenty years under a conditional use permit that allows for many uses. The site is urban in character, with urban access and urban levels of service. The site is currently adjacent to Highway 169 (the Maple Valley Highway). In addition, King County is realigning and expanding the Jones Road right-of-way to the SE 154th St. corridor. This is a substantial investment in infrastructure, including replacement of the old Jones Road Bridge, and the new arterial will run adjacent to the site, increasing the site's urban access. The site is serviced by water, electricity, and sanitary sewer. Renton Planning Commission September 20, 2006 Page 3 The amendment is consistent with Comprehensive Plan policies U-624 and U- 625, providing for Neighborhood Business Centers that exclude industrial and heavy commercial uses, that are no larger than 10 acres, and that provide convenient services for a nearby population of 8,000 to 15,000 people. The amendment is also consistent with U-626, U-627, and U-628 as it designates a Neighborhood Business Center on an existing arterial (Highway 169), and a planned arterial (Jones Road realignment).2 (Emphasis added.) During the course of the County's Land Use Map Amendment and rezone process, ABR agreed to a County condition requiring imposition of a permanent conservation easement on the 10.54-acre steep hillside at the south end of ABR's 38 acres. Although Renton did not have jurisdiction over the Aqua Barn property, Renton's opinion of the Amendment and rezone proposal was sought and obtained. On August 12, 1996, the Renton City Council's Planning & Development Committee issued a unanimous report concerning the proposal (see Exhibit 5, attached) indicating that "[t]he City of Renton would not preclude additional commercial uses on the ten acres . . . ." On September 16, 1996, the full Renton City Council concurred with the Planning & Development Committee's report—see Exhibit 6, attached, for an excerpt of the meeting minutes for the Council's September 16, 1996 meeting). Further King County Land Use Map and Zoning Amendments in 1998 Concerning All But the North 3.02 Acres of the Aqua Barn Site Pursuant to a contract of sale (to a party that ultimately did not close a purchase of any of the Aqua Barn property), in 1998 ABR's then contract purchaser sought and obtained a further modification of the zoning of portions of the site. Specifically, those changes involved rezoning of approximately (a) the south seven acres of the 10 Neighborhood Business-zoned acres to R-12 and (b) the balance of the property (other than the 10.54 acres of steep hillside at the site's extreme south end) to R-12 from R-6. This 1998 zoning action left the Neighborhood Business zoning of ABR's still remaining north 3.02 acres unchanged. Short Platting of the Aqua Barn Property Following the County's 1998 zoning action, ABR entered into a contract to sell the Aqua Barn Ranch property to Polygon Northwest. Pursuant to ABR's contract with Polygon, ABR's property was short platted (see copy of the recorded short plat attached as Exhibit 7), creating: 2 The Jones Road realignment was recently completed with the construction of a new bridge across the Cedar River and the north leg of the SR 1694 52na Avenue NE intersection. • Renton Planning Commission September 20, 2006 Page 4 (a) The two lots along the south edge of SR 169 that ABR still owns and that are the subject of Renton Comprehensive Plan Amendment #2006-M-7's "Corridor Commercial" Land Use Map designation and CA zoning proposal (Lots 3 and 4); (b) The two lots that Polygon eventually purchased and developed a multi- family residential development on(Lots 1 and 2); and (c) A sensitive area tract(Tract A) in the extreme south part of the site. With light gray lines, sheets 3 and 4 of the short plat depict the buildings and facilities that were on the Aqua Barn site before Polygon's recent development of Lots 1 and 2. Construction of Substantial Intersection Improvements at the Intersection of SR 169 and 152°1 Avenue NE During the period that Polygon had ABR's then-remaining entire property under a purchase contract, Polygon and the Renton Assembly of God Church (now called the New Life Church, a large church that lies along the west side of 152i1 Avenue SE and south of SR 169) jointly financed significant intersection improvements, including turn lanes and a traffic signal at the intersection of 152nd Avenue SE and south of SR 169. The improvements contemplated development of all four lots of the Aqua Barn short plat, including the two commercial lots that ABR still owns. Details of the improvements and traffic related information are summarized in Don Erickson's Aqua Barn Site Intersection Traffic Findings memorandum that was submitted to the Planning Commission and available to the audience at the Commission's September 6, 2006 meeting (copy attached as Exhibit 8). In a nutshell, the improvements made at the intersection have undeniably prepared ABR's two remaining parcels for CA-type development, the particulars of which will be reviewed under the City's development review process when an application is made to the City's Development Services Division. Analysis of Renton Comprehensive Plan Land Use Objectives and Policies Several Renton Comprehensive Plan Land Use objectives and policies bear upon the proposed Commercial Corridor land use designation and Arterial Commercial zoning of ABR's two remaining parcels. First, Objective LU-DDD states: Objective LU-DDD: The Commercial Corridor land use designation should include: 1) Established commercial and office areas; 2)Developments located on large parcels of land; 3)Projects that may be highly visible from principal arterials; 4)Uses dependent upon or benefiting from high-volume traffic; Renton Planning Commission September 20, 2006 Page 5 5) Uses that provide significant employment; and 6) Businesses that provide necessary or desirable goods and services to the larger community. (Emphasis added.) Prongs 3, 4 and 5 of Objective LU-DDD are all implicated at the subject site, which(a) will be highly visible from SR 169, which is a principal arterial, and(b)will ultimately have a development that will (i) depend upon or benefit from high volume traffic and(ii) provide significant employment. Second, Policy LU-333 states: Policy LU-333. The Commercial Corridor Land Use designation should be mapped in areas with the following characteristics: 1)Located on, and having access to, streets classified as principal arterials; 2) High traffic volumes; or 3) Land use pattern characterized by strip commercial development, shopping centers, or office parks. (Emphasis added.) Prongs 1 and 2 of the three optional provisions of Policy LU-333 are both implicated at the subject site and although strip commercial development or a shopping center is not currently located at the site, the site's zoning and use history should qualify as compliance with the third prong. Third, Policy LU-334 states: Policy LU-334. The Commercial Corridor designation should be implemented through Commercial Arterial, Commercial Office, or Light Industrial zoning. (Emphasis added.) The Commercial Arterial zone, which is proposed for ABR's two remaining parcels, is the only commercial zoning choice listed Policy LU-334 and the only logical zoning choice of the three zones that Policy LU-334 indicates should be used to implement the Commercial Corridor designation. Fourth, Policy LU-335 states: Policy LU-335. Increased demand for commercial uses should be accommodated primarily through redevelopment and intensification of existing business area designations rather than expansion of those areas. (Emphasis added.) For nearly 10 years, ABR's two remaining parcels have had a business area designation, King County's Neighborhood Business designation, a designation that Renton's City Council was specifically consulted about during 1996 and did not object to. Renton Planning Commission September 20, 2006 Page 6 Fifth, Objective LU-EEE states: Objective LU-EEE: Create opportunities for development and re- development of land in portions of the Commercial Corridor designation for general business and service uses. These include a wide range of restaurant, small-scale to big-box retail, offices, auto dealers, light industrial, and residential uses. (Emphasis added.) Consistent with this objective, the proposed CA zoning will create opportunities for development and re-development of land in portions of the Commercial Corridor designation for general business and service uses consistent with the size of the subject property. (Certain uses, such as big box retail, auto dealers and light industrial uses will be excluded pursuant to a planned Development Agreement between ABR and the City.) Sixth, Policy LU-336 states: Policy LU-336. Portions of the Commercial Corridor designation appropriate for a wide range of uses catering to low and medium intensity office, service, and retail uses should be mapped with Commercial Arterial zoning. (Emphasis added.) The proposed CA zoning of the site will satisfy this policy. Seventh, Policy LU-337 states: Policy LU-337. Areas that should be considered for Commercial Arterial zoning should meet the following criteria: 1) The corridor is served by transit or has transit within one-quarter mile; 2)A historical strip commercial urban development pattern predominates; 3) Large, surface parking lots exist; 4)Primary development on the site is located at rear portions of the property with parking in front of the buildings; 5) Parcel size and configuration typically is defined by a larger parcel fronting the arterial street with multiple buildings and businesses; and 6) The corridor exhibits long block lengths and/or an incomplete grid street network. (Emphasis added.) As to pron. 1 of this policy, the two existing Metro Transit stops at the intersection of SR 169 and 152° Avenue SE (Metro Routes 143 and 149) already serve the site. As to prong 2, the Aqua Barn Ranch commercial operations historically operated for decades on the site until the closure and demolition of those facilities in 2003. As to prong 3, large parking areas existed as part of the historic Aqua Barn Ranch facilities. In addition, large parking lots Renton Planning Commission September 20, 2006 Page 7 continue to exist across 152nd Avenue SE on the New Life Church site. As to prong 4, as noted in Don Erickson's staff report to the Commission at the first briefing of the Commission as to this matter, "[f]uture development on the three-acre site is anticipated to have parking in front, oriented to SR 169 with retail/service uses located towards the back of the site." As to prong 5, as also noted in Don Erickson's staff report at the first briefing, "[u]ntil the original Aqua Barn site was subdivide into its current configuration in the late 1990s, it was defined as a larger parcel fronting an arterial with multiple buildings located throughout the site. As to prong 6, the SR 169 corridor does not have a grid street system and has long block lengths (many hundreds of feet apart). Eighth, Policy LU-351 states: Policy LU-351. Identify and map activity nodes located along principal arterials that are the foundation of the Corridors, and guide the development or redevelopment of these nodes as activity areas for the larger corridors so that they enhance their function. (Emphasis added.) The proposed CA zoning of the site will be part of the activity node already existing at the southeast and southwest quadrants of the intersection of SR 169 and 152nd Avenue SE and currently comprised of Polygon Northwest's multi-family residential development and the New Life Church. The CA zoning will enhance the function of this node. Ninth, Objective LU-HHH states: Objective LU-HHH: Support methods of increasing accessibility to Commercial Corridor areas for both automobile and transit to support the land use objectives of the district. (Emphasis added.) The two existing Metro Transit stops at the intersection of SR 169 and 152nd Avenue SE (Metro Routes 143 and 149) already serve the site, making designation of the site Commercial Corridor with Commercial Arterial zoning especially desirable to provide public access to services in the area. Tenth, Policy LU-360 states: Policy LU-360. Encourage development proponents to work with the City Transportation Division, King County METRO, and Sound Transit in order to site transit stops within the Commercial Corridor areas. (Emphasis added.) This has already fully happened at this site. Conclusion and Request • Renton Planning Commission September 20, 2006 Page 8 The history of ABR's two remaining parcels strongly militates for the proposed Corridor Commercial Land Use Map designation and Arterial Commercial (CA) zoning. Further, the designation and zoning proposed are consistent with Renton's above-noted Comprehensive Plan objectives and policies. ABR thus urges the Commission to recommend approval thereof to the Renton City Council. Sincerely, p___ INEN LAW OFFICES, P.S. / / / Aip..A. 14..a. David L. Haline , - 4 cc: Aqua Barn Ranch, Inc. Cedar Grove Properties, LLC Attn: Marlin Vortman Attn: Mark Hashem Rebecca Lind, Planning Manager, City of Renton Department of Economic Development,Neighborhoods and Strategic Planning(via email) Don Erickson, Senior Planner, City of Renton Department of Economic Development, Neighborhoods and Strategic Planning (via email) DEC 09 '96 09:33AM KING COUNTY•COUNCIL 206 296-0159 P.5/5 EXHIBIT 1 #3 41 9: Aqua Bar . Tio:ili 11"1111111_ weamilipirp • .... • MN MINI AVAIP 4-7 .41101P4 11111111 Minu Mati . it!,4111" . / ca, „., err III . 41.17 Ana &VW liee'.. ftillill 447411111111111 12.1 IIIIIIIIIIIII cb 14-3 10 ACRES , ....00... ' . Ott /'00 - . - ---- lo•-ididi fil : ZONING br'' ' Allir4Verilli M.11=11104014 '�'r� ► all% Sti • Legend 0 IR ill at Affected portion of prop g g ., ., / Property boundary 0 - • 1 <" 1 . 1 • - .,. V.j,:,:,:-, . ..- ,' I .• .' I : • • 1.... , , •. ,,,'4" :.',3'7:4.:Ti-'Ar.;:.::: • . c:'11'''.!.1. ' : . '..' ' ,?.1'.'' . .. . 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I 1-----1 I• PROPOSED , ri - •:.• 11AQUA BARN VILLAGE'•:;,; BERTI (-.-j i , i-- . t• ! .---- --1 - c: ) C'1--- --- PROPOSED FOOD STORE DRUG I VARIETY STORE • , „...., OUTDOOR ; , ..--. i •(..:..• , MAI'I ARE, . 311.090 SQUARE FEET 14.10)0 SQUARE FEET • , i ! kilo `•..7-.).,,,,- SMALL RETAIL SHOPS --; . - U ; __,. C '".,-1) ------------ Ft' DAV CARE CENTFR : •'.• - -•-- (.•) --4- • 1C1;7; PROPOSED - r ) . ,,_ ---------------- BUILDING STATISTICS I - ::•--> FOOD STORE 3F.stre SQ FT 0 •:-. et r2 •- •t7; ••( ,_,I4 • ( -1 C----CTh (C----CM . t•:• -Th DRI G A Mil Ell'STORE 14.110n SQ IT -. DATCAREEENTIR WM s()ET L r--7T• 7:Th ,____r7I , i --PARKING 55 F 1111()RI NI AL soot); 3.1.11(1 5,1) I-i sNIA1.1.SilOps fil it.D1NG 11.0110 NO I 1 I ._ FAMILY REST AI RANT 5.nre) s()FT - 1 -„ — -- 1 • - • _ --- ---'t — •., FF RESTAI.RANT OR BANK 3,0nn SQ FT TOTAL BUILDING AREA 00.000 SQ CT .... _ _._ tst — I 3..- •,..•• e , _ -- _._ , I- -,-.0-1e, - - -- — PARKING REQI IRED 315 CORS 311;31311 31 ett 1 0 _ — -- _ --- .--- - , •, L4 00 CARS NIANIME 31 . i: jr. ii.. ,... _ , 1 i 0 !al :".J PARKING DESIGNED 350 CARS PROVIDED LOADING AREAS PRO3IDED FOR FOOD&DRUG/VARIETI STORES C' VIDEO RENTAL — - _ . - . - - I PAR LNG --__ et 1 I 1 I ! 1.-1 I'l MEM, :K - -E:-.7---;1 • —- . ICI--"F •Cfp 4111* / ACCESS PRO%IDES ON TIIRF.E SIDES 0E11401,05ED RETAIL CENTER II3_ PARKING• ••••••_, ,„.• ii• SITE AREA: , 297,530 SQUARE FEET I 6.1t3 ACRES) RETAIL CENTER (. ' III WI .. ...., , ,--c—\:--,...• , t., • c,---i) 6. ' I' i_i 1 ! L lill, . ,, ,,,. ,-....,/c, 130.000 SQUARE FEET 1 3.17 ACRES) IT%LANCE OF NIT 7.(INING > k-j - (.. - ' -'---- ------' . b '. L. ' ' ; -- 1 * i [-T-1 -----, 111-0 1 , . 1 • , (7) INCL.A(CES5 F IsEMENT ._ , ..,,..,3-. 435.600 SQUARE.FEET i 10.00 A(R15) TOT FL 141•7.()NE FRE 3 Ft-i• FROrosEl)BANK — /1CI(Th . •; — PARKING _____.--- . .' ...- 3.000 SQUARE FEET 1 --___ (,,r- I . , 1 .1 C:-1,\CO 1 , ; 1111111 fl - rriorOSED ' ' ' FAMILY REsTAuRANi ----' ' 5157„, , ---. ‘... , _ --..-Mnru• ----5 _ ,,. , C' —CVO Il I /•.C. rs-,, 5.000 SQUARE FEET I ' Im-g- )mc - hip, MIA I•sot. .""t")N suA,t . ,."_. --H _ri-c.7) ROBERT WELLS - ARCHITECT- A.I.A. 511 7"rAm-ail" 44 ..1-... -• _._ NTCTI1 -__ - . . AQUA BARN-VILLAGE--__ _. 30_ O ,_ ________ -ti -:-- - m VSCALE I-,--, ' ---------"------__,________..__:jy PROPOSED RETAIL CENTER @ AQUA BARN RANCH _. _ 5 E REM NTON• APLE VALLEY IIIGIEBAN•(i) 152nd AVENUE S F. RENTON. W - --_._ - A.-----------__ --______ __ -- 5 . . . - • t.,4 DEC "5r DS:32RM KING COUNTY COUNCIL 206296-0159. P. 1/5 EXHIBIT 4 I 2 AMENDMENT'TO THE 1994 KING COUNTY CCNT..�I S E PLAN - 3 CHAPTER TWO UR8A_INT LATM USE 4 _ 5 Page 56, policy Li-625 revise as follows: U--625 Currently designated Neighborhood Bushy Centers arc: Ohl :e) Beverly 7 Park,Puget Sound Jr.High site,Unimererporated South Park; (West El) . 8 Martin Lamer king Jr. /fit Avenue-64th Avenue South,Rainier Avenue 9 South Suuth 114th Street-South 117th Street; (Shoreline) Firerest, 1 0 Greenwood/West-minister,Richmond Beach, Richmond Village, [unnamed 11 mixed usej; (No hare)68th Avenue NE/NE 170-th Street,Juanita Drive/NE • 12 122nd Place,116th Avenue NE/NE 160th Street,NE 145th Street/148th Avenue 13 NE [Hollywood Hill],Juanita Drive/NE 153rd Place,Juanita-Woodinville 14 Way/NE 145th Street,Juanita Drive/NE 141st Street; (Bear Creek) Avondale is Corner; (East Sammamish)Monahan; (Federal Way) Star Lake„Lake 16 Geneva, Spider Lake,Mud Lake,Jovita,Redondo; (Soos Creek)Lake 17 Meridian,Meridian Valley,Be,usoniSE 142nd Street,Cascade, 132nd Avenue 16 SASE 240th Street,Asmapini, Neighborhood'Jusmess Centers should be no 19 larger than ten acres, excluding land needed for space water management or 20 protection of sensitive environmental features, and should be designed to 21 provide convenience shopping for a nearby population of 8,000 to 15,000 22 people. Redevelopment of existing, Neighborhood Business Centers is • 23 encouraged. 24 25 Rationalcl Consistent with land use amendment #8 and zoning amendment #9, ten 26- acres of the Aqua Barn property should be designated as a Neighborhood B,usincss 2 7 Center to reflect current and historic use of this property. A Neighborhood Business 2 2 Center at this location is consistent with Comprehensive Plan policy direction. C:\6[ \c0K2141an\po2ic-AU-625 11::5 AH• 7/1A/?5 I DEC 03 '96 09:32AM KING COUNTY COUNCIL 206 296-0159 P.2/5 • • • • • • • Y 1994 Isag County Comprehensive.plan.Land Use Map 2 AMENDMENT TO 1994 KING COUNTY COMPREHENSIVE PLAN-LAND USE MAP • 3 Amend the 1994 King County Land Use Map for Section 23,Township 23, Range 5 4 (Map.014),by redesignating the northernmost 10 ams of the 38-acre subject property 5 (Aquabarn Ranch), consisting of parcel number 2323-0591-85,indicated in the 6 attached map, from Urban Residential 4-12.DU per acre,to Neighborhood Business 7 Center. 8 Rationale: The amendment recognizes the significant commercial character of the site, .. 9 which has a long history of.cornm. ial use; the Ma'am swimming pool 10, and restaurant has been opera for over twenty rays under a conditional 11 use permit that allows for many aces_ 12 The site is urban in character,with urban access and urban levels of service. 13 The site is currently adjacent to Highway 169 (the Maple Valley Highway). In 14 . addition., King County is realigning and expanding the Jan Road right-of- 15 ight_-of15 way to the SE 154th St. corridor. This is a substantial investment in 16 infrastrucrure,, including replacement of the old lames Road Bridge, and the 17 new arterial will roan adjacent to the site, increasing the site's urban access. 18 The site is serviced by water, electricity, and sanitary sewer. 19 The amendment is consistent with Comprehensive Plan policies U-624 and U- 20 625, providing for Neighborhood Business Centers that exclude industrial and 21 heavy commercial uses, that are no larger than 10 acres, and that provide 22 convenient services for a nearby population of 8,000 to 15,000 people. The ?3 amendment is also consistent with U-626, U-627, and U-628, as it designates 24, a Neighborhood business Centera'on an existing arterial (Highway 169), and 25 a planned arterial (Jones Raad realignment), • •A I — 1 — EXHIBIT 5 • Aqua Barn Ranch Property (Referred August 12, 1996) __ ___ ! • . • The Committee=airmen&Council forward 10 King County the following concerns and comments on the Comprehmsive Plan Amendment arid revarie request currently before the Metropolitan Xing County Council. 1. The Renton Comprehensive Plan did not contemplate the intensity of residential development which is occurring in this portion of the Cedar River Valley and consequently did not address the possibility of commercial development at this leczation. However,given the present County zoning,vesting of several large development projects in the area,and the conditional use permit currently authorized for the site,the issue of commercial uses should be considered. • 2. The City of Renton is not opposed to shifting more intensive uses from one pardon of the 3g acre site to another,but does have corbierns about increasing the overall intensity.uf use over the entire 38 acre paieel. 3, Tice City of Renton w•,,, t not preclude additional commercial uses ut.the ten acres.. dressed in this application,but would suggest fiirther review of the remaining 28 acres regarding the status of the existing development on this portion of the property. . ! . 4. Me City of Kenton requests that clarifications of the status e the existing conditional use permit be provided and bow it related to the existing uses oh the property anti uses permitted under the R-6 zoning on this portion of the property. 5 Th property owner be encouraged to apply for en amendment to the Renton Comp.!,...-naive Plan for the entire 38 acre parcel. 6. The City of Renton and King County should continue to pursue a joint process for review for review of future Comprehensive Plan amendments in Renton's Potential Annexation Areas. • / i /, , - tOkaggi._,...i Kathy K 1; ,er-Wheeler,Chair '''------ !' . • ,. . . . . dy'C , 11 . •, .--Chair / ........• 7 / ,•'/< („<„, . . , , •i• ,...,- :-. ..r.",....,:.,t .r, • ,...-.../ . . • • • • . . • EXHIBIT 6 • RENTON CITY COUNCIL Regular Meeting September 16, 1996 Council Chambers Monday, 7:30 p.m. Municipal Building MINUTES CALL TO ORDER Mayor Pro tern Keolker-Wheeler led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF KATHY KEOLKER-WHEELER, Mayor Pro tem; TIMOTHY SCHLITZER, COUNCILMEMBERS Council President Pro tern; KING PARKER; DAN CLAWSON; BOB EDWARDS; RANDY CORMAN. MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCIL PRESIDENT TONI NELSON. CARRIED. CITY STAFF IN JAY COVINGTON, Executive Assistant to the Mayor; LAWRENCE J. ATTENDANCE WARREN, City Attorney; BRENDA FRITSVOLD, Deputy City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; MICHAEL KATTERMANN, Planning & Technical Services Director; OWEN DENNISON, Assistant Planner; CHIEF ALAN L. WALLIS, Police Department; COMMANDER ROB SOFIE, Police Department; ACTING COMMANDER KEVIN MILOSEVICH, Police Department. PRESS Charmaine Adsero, Renton Reporter APPROVAL OF MOVED BY SCHLITZER, SECONDED BY EDWARDS, COUNCIL COUNCIL MINUTES APPROVE THE MINUTES OF SEPTEMBER 9, 1996, AS PRESENTED. CARRIED. SPECIAL Chief of Police Alan L. Wallis explained that the City's Police Department is PRESENTATION currently being assessed by the Commission on Accreditation of Law Police: Introduction of Enforcement Agencies (CLEA) to determine if Renton should retain its Accreditation Assessors accreditation status. Commander Rob Sofie introduced the CLEA members performing the assessment, as follows: Chief Raymond Arthurs, Jr., Team Leader, from Willowbrook, Illinois; Sergeant Patrick Melvin, Assessor, from Phoenix, Arizona; and Sergeant Mike Worford, Assessor, from Redondo Beach, California. Commander Sofie then invited interested persons to attend tomorrow evening's public information session on the re-accreditation effort. Testimony will be solicited on the Police Department's ability to meet the 436 standards of police professional excellence. Saying that the Commission members have enjoyed friendly and hospitable treatment during their stay in Renton, Willowbrook Police Chief Arthurs added that the outcome of the assessment will be available in November. PUBLIC HEARING This being the date set and proper notices having been posted and published Annexation: Miller/May in accordance with local and State laws, Mayor Pro tem Keolker-Wheeler Valley Prezoning opened the public hearing to consider the Miller/May Valley Prezone - Phase One. The proposal is to establish prezone classification(s) prior to annexation of approximately 74 acres (phase one of two phases totaling 371 acres) outside the Renton city limits, bounded by 148th Ave. SE on the east, NE Sunset Blvd. on the south, and the Renton corporate boundary on the north; includes 2.1 acre site owned by David and Katrina Miller. Owen Dennison, Assistant Planner, explained that prezoning properties prior to annexation provides certainty to property owners and residents regarding • September 16, 1996 Renton City Council Minutes Page 349 There being no further audience comment, it was MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL REFER THIS MATTER TO THE PLANNING & DEVELOPMENT COMMITTEE FOR FURTHER CONSIDERATION AND A RECOMMENDATION BACK TO THE FULL COUNCIL. CARRIED. AUDIENCE COMMENT Martin Durkan, Jr., 330 SW 43rd St., Renton, 98055, commented on the desire Citizen Comment: Durkan of the owners of the Aqua Barn Ranch property, located on Maple Valley - Aqua Barn Comp Plan Highway, to secure a Comprehensive Plan and zoning change from King & Rezone Changes County to Neighborhood Business for a portion of their property. Mr. Durkan said this matter was presented to the Maple Valley Community Council, which concurred that such a change would be appropriate. MOVED BY CORMAN, SECONDED BY SCHLITZER, COUNCIL SUSPEND ITS RULES AND ADVANCE TO THE PLANNING & DEVELOPMENT COMMITTEE REPORT ON THIS SUBJECT. CARRIED. Planning & Development Planning and Development Committee Vice Chair Corman presented a report Committee regarding the Aqua Barn Ranch property. The Committee recommended that Planning: Aqua Barn Council forward to King County the following concerns and comments on the Property Comp Plan & Neighborhood Business Comprehensive Plan Amendment and rezone request Zoning Changes for the Aqua Barn property currently before the Metropolitan King County Council: 1. The Renton Comprehensive Plan did not contemplate the intensity of residential development which is occurring in this portion of the Cedar River Valley, and consequently did not address the possibility of commercial development at this location. However, given the present County zoning, the vesting of several large development projects in the area, and the conditional use permit currently authorized for this site, the issue of commercial uses should be considered. 2. The City of Renton is not opposed to shifting more intensive uses from one portion of the 38-acre site to another, but it does have concerns about increasing the overall intensity of use over the entire 38-acre parcel. 3. The City of Renton would not preclude additional commercial uses on the ten acres addressed in this application, but would suggest further review of the remaining 28 acres regarding the status of the existing development on this portion of the property. 4. The City of Renton requests that clarification of the status of the existing conditional use permit be provided and how it relates to the existing uses on the property and to uses permitted under the R-6 zoning on this portion of the property. 5. The property owner be encouraged to apply for an amendment to the Renton Comprehensive Plan for the entire 38-acre parcel. 6. The City of Renton and King County should continue to pursue a joint process for review of future Comprehensive Plan amendments in Renton's potential annexation areas. MOVED BY CORMAN, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Mr. Durkan requested that the wording in the third comment be changed from "The City of Renton would not preclude additional commercial uses ... " to "The City of Renton would not object to additional commercial uses ... " September 16. 1996 Renton City Council Minutes Pane 350 Mayor Pro tem Keolker-Wheeler replied that not only has the wording of the committee report already been changed at the request of a representative of the applicant, staff has indicated it is more comfortable with the existing wording. Committee Vice Chair Corman concurred that the existing wording is satisfactory. *MOTION CARRIED. CONSENT AGENDA Items on the consent agenda are accepted by one motion which follows the listing. Plat: Preliminary, City Clerk submitted appeal of Hearing Examiner's decision on the Orchards Orchards (Sectors E/F and Preliminary Plat (Sectors E and F - 63 lots on nine acres, and Sector G - 57 G), Appeal townhomes on nine acres); appeal filed on 9/05/96 by Dick Gilroy, representing Northward; File No. PP-96-010. Refer to Planning & Development Committee. CAG: 96-106, President's City Clerk reported bid opening on 9/03/96 for CAG-96-106, Steel Water Park Steel Water Main Main Replacement in President's Park; six bids; engineer's estimate Replacement, Kar-Vel $235,564.38; and submitted staff recommendation to award the contract to the Construction low bidder, Kar-Vel Construction Co., in the amount of $228,297.41. Council concur. CAG: 96-111, Carco City Clerk reported bid opening on 9/09/96 for CAG-96-111, Carco Theatre Theatre HVAC HVAC Replacement; two bids; engineer's estimate $86,400. Refer to Replacement Community Services Committee. CRT: 96-006, Profit v Court Case filed by Todd Maybrown on behalf of Lowell Profit alleging that Renton Washington State's sex offender registration laws would violate Profit's Constitutional rights if applied to him, and further seeking to prevent public notification in the Renton community of his status as a sex offender. Refer to City Attorney and Insurance Services. CAG: 96-104, Highlands Community Services Department submitted CAG-96-104, Highlands Library Library Carpet carpet installation project; and requested approval of the project, authorization Installation, Decor Carpets for final pay estimate in the amount of $21,652.29, commencement of 60-day lien period, and release of retained amount of $1,049.05 to Decor Carpet, Inc., contractor, if all required releases are obtained. Council concur. Finance: Mini-Bond Finance and Information Services Department requested approval of proposed Issuance for Fire Pumper ordinance authorizing the indebtedness of $635,000 for the purchase of two Truck Purchase fire pumper trucks, and additionally authorizing the sale of mini-bonds to finance this purchase. Council concur. (See page 353 for ordinance.) Finance: Surplus Finance and Information Services Department requested approval of a Equipment Declaration & resolution authorizing the sale of surplus office equipment. Council concur. Sale (See page 352 for resolution.) Personnel: Firefighters Human Resources & Risk Management Department recommended approval of Local 864 Labor Contract the agreement reached with Firefighters Local 864 for their labor contract governing hours, wages, and terms and conditions of employment. Council concur. Personnel: Renton Police Human Resources & Risk Management Department recommended approval of Guild Commissioned the agreement reached with commissioned employees of the Renton Police Employees Labor Contract Guild for their labor contract governing hours, wages, and terms and conditions of employment. Council concur. September 16. 1996 Renton City Council Minutes Page 353 Finance: Mini-Bond An ordinance was read relating to contracting indebtedness; providing for the Issuance for Fire Pumper issuance of $635,000 par value of Limited Tax General Obligation Bonds, Truck Purchase 1996, of the City for general City purposes to provide funds with which to acquire firefighting and lifesaving equipment; fixing the date, form, maturities, maturity amounts and accreted value at maturity, interest rates, terms and covenants of the bonds; establishing a bond redemption fund; and approving the sale and providing for the sale and delivery of the bonds. MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/23/96. CARRIED. Planning: Street An ordinance was read deleting subsections 4-31-5.F.2, 4-31-6.D.17 and 4- Grid/Street Patterns 31-7.F.2 of Chapter 31, Zoning Code, of Title IV (Building Regulations), and amending sections 9-12-2 and 9-12-15 of Chapter 12, Subdivision Ordinance, of Title IX (Public Ways and Property) of City Code pertaining to street patterns. MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 9/23/96. CARRIED. The following ordinances were presented for second and final reading: Ordinance #4633 An ordinance was read amending Section 4-19-2 of Chapter 19, Shoreline Development Services: Master Program, of Title IV (Building Regulations) of City Code relating to Shoreline Master Program shoreline amendments. MOVED BY EDWARDS, SECONDED BY CORMAN, Amendment Process COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. Ordinance #4634 An ordinance was read vacating a portion of Bronson Way North (RAMAC, Vacation: Bronson Way N Inc./Shane, VAC-94-006). MOVED BY EDWARDS, SECONDED BY (RAMAC/Shane, VAC- CORMAN, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL 94-006) CALL: ALL AYES. CARRIED. AUDIENCE COMMENT Richard Wolf, 14702 SE 105th St., Renton, 98059, provided a written copy of Citizen Comment: Wolf - the comments made earlier by his wife, Beverly Wolf, regarding the proposed Miller/May Valley May Valley prezone. Annexation Prezoning MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL REFER THESE COMMENTS TO THE PLANNING & DEVELOPMENT COMMITTEE. CARRIED. Citizen Comment: Larry Brosman, 3625 NE 9th St., Renton, 98056, thanked Council for Brosman - Affordable nominating him to the Housing Finance Implementation Committee (HFIC) as Housing Shared part of the Affordable Housing Shared Commitment Program. Mr. Brosman Commitment Program looked forward to serving on the committee in the interest of working for (HFIC) Appointment affordable housing. ADJOURNMENT MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 8:47 p.m. kUllIA°41 BRENDA FRITSVOLD, Deputy City Clerk 9/16/96 L9S3019 APPROVALS: DEPARTMENT OF ASSESSMENTS RECORDING NO. VOL/PAGE SHORT PLAT )'SIO. DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES EXHIBIT 7 KING` COUNTY, WASHINGTON �� 1E�� EXAMINED AND APPROVED THIS_rL.pp_DAY OF iY N+ , 2001 EXAMINED AND APPROVED THIS....5/ DAY OF.... , 2001 c200/ O 8 ,3/ 90 0 0 d o'� I y N7 /0 'l 1 I �CLZ Atee�(c"_ DEDICATION .:' • • MAN LAND USE SERVIC S DIVISION ASSESSOR SCALE e KNOW ALL PEOPLE BY THESE PRESENTS THAT:-WE, THE UNDERSIGNED OWNERS) •X rMiNED APPROVED THIS DAY OF 2001 DEPUTY OF;QN ILKEST IN DIE LAND HEREBY SHORT SUBDIVIDED, HEREBY DECLARE THIS•-,.j `1�� .'. '�` PORTION OF GOVERNMENT LOT 6 AND SHORT PLAT TO BE'TH€GRAPHIC REPRESEWTATIOC3-'OF THE SHORT SUBDIVISION -:'•, '!V' H MADE.HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FOR- ACCOUNT NUMBER 232305 9185 EVFIOPM ENGIN R /A'�`__KJ / EVER;;ALL STREETS AND AVENUES NOF•SHOWN,AS PRIVATE-HEREON.AND DE- ,31.1„. __KJ4 of SW 1/4, S. 23 T. 23 N., R, S__E,,H1_NI" DICATE:THE USE THEREOF FOR ALL PGBUC PURPOSES NOfi INCONSISTENT WITH THE USE'THEREOF FOR PUBLIC HIGHWAY PURPOSES, ANC'ALSO THE:RIGHT TO -•, .•DESCRIPTION SURVEYOR'S NOTES MAKE ALL NECESSARY SLOPES:FOR CUTS AND FILLS UPON THE LOTS SHOWN • THAT•F'ORT1ON OF GOVFNNMENT LOT 6 AND TIE SOUTHEAST QUARTER OF THE SOUTHWEST 1. A FIELD TRAVERSE USING A GEOOIMETER 600 SERIES TOTAL STATION WAS USED TO THEREON IN THE ORIGINAL-REASONABLE GRADING OF•SAID STREETS"AND AVE::• QUARTER OF SECTION 23,TOWNSHIP 23 NORTH,RANGE'S F_AST;.)NILLAMETTE MERIDIAN,IN KING ESTABUSH THE RELATIONSHIP BETWEEN THE CONTROLLING MONUMENTS AS SHOWN. CLOSURES HUES, AND FURTHER DEDICATE TO THE USE OF THE,PUBUC AU..-,EASEMENTS• ,COUNTY,WASHINGTON,LYING SOUTHERLY OF THE"SOUTHERLY MARGIN OF STATE ROAD NUMBER OF THE TRAVERSE EXCEED THOSE SPECIFIED IN WAC 332-130-090. AND TRACTS SHOWN ON THIS SHORT PIAT FOR ALL PUBLIC PURPOSES AS'. 169, MAPLE,VAL-L'BY HIGHWAY,•AS CONVEYED TEl KING COUNTY Q`(DEED RECORDED UNDER INDICATED THEREON, INCLUDING BUT NOT OMITTED;:TO PARKS,_OPEN SPACES, • RECORDI,NIGTJUMBER;:1760650 AND 880.4.146318: EXCEPT THAT/PORTION DESCRIBED AS FOLLOWS: 2.EXISTING PARCEL LEGAL DESCRIPTIONS,EASEMENTS, RESERVATIONS AND OTHER MATTERS OF UTIUTIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFIC=' -.• ;: : ,' , .' RECORD WERE DERIVED FROM A CERTIFICATE FOR FlUNG PROPOSED SHORT PLAT PREPARED BY ALLY INDENTFTED ON THIS SHORT PLAT AS BEING DEDICATED OR CONVEYED•70 BEGINIANG AT THE:SOUTHEAST'CORNER OF THE SOUTHEAST.QUARTER,DE'IRE.Stitt-MAEST CHICAGO TITLE INSURANCE COMPANY OF SEATTLE WASHINGTON. THEIR ORDER NUMBER 597981 A PERSON OR ENTITY OTHER THAN THE PUBLIC,IN WHICIT CASE WE.DO HERE- QUARTER OF SA14}'SECTON 23: DATED APRIL 9,2001 AT 6:00 AM. NO OTHER RESEARCH INTO MATTERS WAS REQUESTED NOR BY DEDICATE SUCH STREETS,EASEMENTS,OR TRACTS TO-THE PERSON OR THEI3CE NORTH,-:1-22'51" WEST 300.O4.FEET TO THE TRWPOINT. BEGINNING; r'-'::.. PERFORMED. ENTITY INDENTIFIED AND FOR THE PURPOSE STATED. THENCE NOR24 87'46'52"_U47.66 FEET; FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SHORT SUB THENdt'NOHTH 122'51'•£AST 526,89 FEET; 3. ALL PRIVATE EASEMENTS AND OR TRACTS TO BE MAINTAINED,REPAIRED AND OR REBUILT BY DIVIDED WAIVE FOR THEMSELVES,THEIR HORS AND ASSIGNS AND ANY PERSON. THENCE NORTH 88'37'59" WEST 80 FELL; - THE PARCELS HAVING LEGAL ACCESS THEREFROM AND THEIR HORS, ASSIGNS OR SUCCESSORS, OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FDR', THENCE NORTH 11'58'32"EAST:269.60 I-LE K _ UNLESS AND UNTIL SUCH ROADS ARE IMPROVED TO KING COUNTY STANDARDS AND ACCEPTED DAMAGES AGAINST KING COUNTY, ITS SUCCESSORS AND ASSIGNS WHICH MAY BY KING COUNTY FOR MAINTENANCE BE OCCASIONED BY THE ESTABUSHMENT, CONSTRUCTION, OR MAINTENANCE OF `THENCE SOUTH,�2'S1 EAST 30.43 FEEL ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SHORT SUBDIVISION OTHER TIHENCR•NOR1H 122'51' EAST 114.60 TLE•!; 4. KING COUNTY HAS NO RESPONSIBILITY TO BUILD, IMPROVE, MAINTAIN OR OTHER WISE THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY KING COUNTY. THENCE SOUTH 88'37'04".EAST 3.0 FE):T'; SERVICE THE PRIVATE ROAD CONTAINED WITHIN OR TO PROVIDE SERVICE TO THE PROPERTY FURTHER,THE UNDERSIGNED OWNERS OF THE LAND HEREBY SHORT SUB- THENCE NORTH 1-22'51",•E-AST 20.0 FEET; • DESCRIBED IN THIS SHORT PLAT. DIVIDED AGREE FOR THEMSELVES,THEIR HEIRS AND ASSIGNS TO INDEMNIFY THENCE NORTH 88'37'0",WEST 3.4-.FEET; - AND HOLD KING COUNTY. ITS SUCCESSORS AND ASSIGNS.HARMI FES FROM ANY THENCE NORTH 1'22'51"EAST.198.4 FEET; • D.'7HIS SHORT PLAT IS SUBJECT.TO KING.COUNTY CODE 14.75, KING COUNTY ROAD MITIGATION DAMAGE,INCLUDING ANY COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR THENCE NORTH 8837'09"WEST-1-71.72 ELL I; PAYMENT--SYSTEM (MPS). THE.}EES FOR-XOT31 AND 2 HAVE BEEN PAID AT THE TIME OF WITHOUT THIS SHORT SUBDIVISION TO HAVE BEEN CAUSED BY ALTERATIONS OF THENCE NORTH 122'51" EAST 91.07 FEET; • RECORDING':THE MPS FEES FAR LOTS 3 AND 4 PLUS A MPS ADMINISTRATIVE FEE SHALL 8E THE GROUND SURFACE,VEGETATION,DRAINAGE OR SURFACE OR SUB-SURFACE THENCE NORTH 88'0758"EAST 172 FEET; PAID AT TIHE'.TIME OF BUILDING{ 2MI,7:APPLICATION AT THE RATE IN EFFECT AT THAT TIME. WATER FLOWS WITHIN THIS SHORT SUBDIVISION OR BY ESTABLISHMENT,CONST- THENCE NORTH 1'22'51" EAST 340.94 FEET 7'1:11-IE SOUTHERLY MARGIN OF STATE RLiAD 169, 6.••:17-IE WETLANDS AND SITE'70P.OGRAPHY WERE LOCATED BY BARGHAUSEN CONSULTING RUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SHORT SUBDIVISION, MAPLE VALLEY HIGHWAY; - ENC19NEERS INH;. PROVIDED THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS THENCE SOUTHEASTERLY ALONG SAID MARGIN,TO THE EASTERL;7 LINE OF SAID GOVERNMENT } RELEASING KING COUNTY, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR LOT 8; '' - 7.TRACT Alf IS A SENSITIVE AREA TRACT, OWNERSHIP OF A BUILDING LOT WITHIN THIS PLAT DAMAGES,INCLUDING TIE COST OF DEFENSE,RESULTING IN WHOLE OR IN PART THENCE SOUTHERLY,ALONG SAID EASTERLY LINE,TO THE POINY'OF.BEQINNING; AND EXCEPT:• INCLUDES AN EQUAL AND UNDIVIDED OWNERSHIP'INTEREST IN TRACT A THIS OWNERSHIP FROM THE NEGLIGENCE OF KING COUNTY,ITS SUCCESSORS OR ASSIGNS THAT PORTION CONVETLO TO KING COUNTY BY DEED RECORDED UNDER'RECORDING NUMBER'.'- ' INTREST PASSING:WITH OWNEESHIP OF:1'HE LOT AND EQUAL:AND UNDIVIDED RESPONSSBIUTY FOR THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO'::,. 8912271705; . "•MAINTENANCE AID PROTECTION OF SAID SENSITIVE AREA TRA -E. (TE• WI HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANTH• -•,_ THE D DVIRES OF SAID OWNERS. (ALSO KNOWN AS THE WEST PARCEL PURSUANT TO KING COUNTY LOT LINE ADJUSTMENT 8,.THIS PROPERTY IS SDBJECT TO GENERAL•,TAXES,'ABSESSMEN1:%.RECORDED LEASES, IN WI SS WHEREOF WE/ OUR HAI(` ,SANDStt. 7 NUMBE-R S89M0140,RECORDED UNDER RECORDING NUMBER 9003151304). -"- UNRECORDED LEASES,;AND OTHER MAI IIRS.' :: 1 i� �:i� ,'t I' � 'i C EXCEPT THATPORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE".'._:' 9. THIS:PROPERTY IS'SUBJECT:'TO AN EASEMENT-AND'THE TERMS.AND CONDITIONS THEREOF `` AQUA BARN RANCH, TNG - 169 BY WARRWLY DEED RECORDED UNDER RECORDING NUMBER 9303041190; FOR UNDERGROUND.COMMUNICATION LINES, RECORDED SEPTEMBER'20, 1978 UNDER RECORDING $ •'�, Lam' - NO.,?90920089 :THE DF'ECRIPTION CONTAINED,IN SAID INSTRUMENT IS NOT SUFFICIENT TO r\i �' TOGETHER WITH;THE RIGHT TO DRAIN STORM OR SURFACE WATERS FROM SAID PREMISES ONTO DETERMINE IT'S EXACT LOCATION ON:'D-GS MAP.:: •:• F L, - TOE NORTHERLY ADJOINING PROPERTY RESERVED IN DEED RECORDED UNDER RECORDING 10. THIS PROPERTY IS SL•TBJECT TO:-.AN EASEMENT AND THETERMS AND CONDITIONS THEREOF NEIMBER 8804140316. FOR UNDERGROUND COMMUNICATION 1iNE6;•RECORDED JU•L•Y.21, 19.80 UNDER RECORDING NO. • 807210529.THE DESCRIPTION CONTAINED IN SAID INSTRUMENT IS.NOT SUFFICIENT TO DETERMINE ACCESS IT'S EXACT LOCATION ON THIS,MAP, _ LL.. :-ACCESS SH_A'iI BE FROM 152ND AVENUE SE AND FROM TRACT D. 11, THIS PROPERTY IS SUBJECT TO'AN'EASEMENT AND THE TERMS AND CONDITIONS THEREOF STATE Of l-J-41 �+`at+tt .^r ) • FOR ELECTRIC TRANSMISSION AND/OR DISTSIBUT101y.SYSTEM:RECORDE0,SEPTEMBER 3, 1986 PROPER UNDER RECORDING NO. 8609030884.THE DESORIP.TTON CONTAINED IN SAID INSTRUMENT IS NOT COUNTY OF •*' ) .:'•• • TRACTS B, C.,''AND D ARE TO BE DEDICATED TO THE PUBLIC USE FOR ROAD PURPOSES UPON SUFFICIENT TO DETERMINE ITS EXACT LOCATION'ON TMS?MAP, • • RECORDING:OF THIS PLAT, 12. THIS PROPERTY IS SUBJECT TO AN EASEMENT AND''THE TERMS'AND CONDITIONS THEREOF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT �-p �+.-�•� O. FOR WATER RECORDED JULY 5, 1990 UNDER RECORDING N -43DDC305D802 f cAuS .Ch 2�1 CaCCI _'rl�Av,J 13.THIS PROPERTY IS SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF SIGNED THIS DEDICATION AND ON OATH STATED THAT'(NEJSHE) WAS - ° A"TRACT' IS LAND RESERVED•'FOR SPECIAL USES SUCH AS OPEN SPACE,SURFACE WATER FOR SEWER RECORDED JULY 5, 1990 UNDER RECORDING NO. 9007050803. AUTHORIZED TO EXECUTE THE INSTRUMENT AND AC1QIOWLEDGED.IT AS 54E••` RETENTION, UTILESES, SENSITIVE AREAS.OR ACCESS..•'TXd-fs'ARE NOT COUNTED AS LOTS NOR 14.THIS PROPERTY iS SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF Ot1�ra-c^i OF caa'G•i -'-.i4.p.^cr.. k.',,.,• CONSIDERED A3:RFSIDFINTAI+'BUILDING SITES EXCEPT AS ALLOWED'UNDER THE LOT CLUSTERING FOR VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS,ROADWAY SIDEWALK AND STORM TO BE THE VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PROVISIONS OF:K,C.C.TITLE 21A, DRAINAGE IMPROVEMENTS AND UTILITIES AND LANDSCAPE IMPROVEMENTS RECORDED DECEMBER PURPO THE INSTRUMENT. ' SF; \ 8.1994 UNDER RECORDING NO. 9412081041. •• c 14 RESTRICTIVE"�OVENA{+iT-:•: II DATED L °.4G;w'S'C 7'11 t'cys 1 ALL SENSITIVE AREA TRACTS, INCLUDING SENSITIVE.AYEAS ANNT THEIR BUSTERS, IQENTIFIED ON 15. THIS PROPERTY IS SUBJECT TO AN 'CASEMENT AND THE TERMS AND CONDITIONS THEREOF 'C' gGNATURE OF THE RECORDED SHORT SUBDIVISION,SHALL BE HELD IN AN UNDIVIDED INTEREST BY EACH FOR GAS PIPELINES RECORDED MAY 16,1995 UNDER RECORDING NO.9505160605.THE Y 9,M NOTARY PUBLIC 'i " i `'TINTED NAME OFS 1 OWNER OF-P..,BUIIDING LOT"�'SVITHIN 1HE SHORT SUBDIVISION WITH-THIS.hN5 OWNERSHIP INTEREST DESCRIPTION CONTAINED IN SAID INSTRUMENT IS NOT SUFFICIENT TO DETERMINE • r"' PASSING WITH''THE.OWNETISHIP OF THE LOT, Olt:SHALL BY AN INCORPEIRATED:HOMEOWNERS '.,•IT'S EXACT LOCATION ON THIS MAP. p 1G I (NOTARY PUBLIC +`s"t +^«^gr"t`£+z� ASSOCIATION OR OTHER LEGAL ENTITY WHICH ASSURES THE OWNERSHIP,MAINTENANCE ASID - 0L. r TITLE �o�arw PROTECTION OF THE TRACTS. ALL•SUCH TRACTS SHAIJ.BE SUBJECT TO THE FOLLOWING 16.THIS PROPERTY IS SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF RESTRICTIVE COVENANT, WHICH IS A-RUNNING COV PIARIT;THURDFNING AND•BENL�ITNG'EACH FOR DRAINAGE;RECORDED DECEMBER 27,1969 UNDER RECORDING NO, 8912271705. • M/A ?�' MY APPOINTMENT SPIRES 7-2\1-'9\.11-- LOT WTHIN THE SUBDIVISION,THE PARTES.THEIR SUCCESSORS _AND ASSIGNS. THE-COVENANT • - ae���__= IMPOSES UPON ALL PRESENT AND FUTORE OWNERS AND OCCUPIERS OF:EACH LOT,,'THE 17:THIS PROPERTN IS:SUBJECT TO AN EASEMENT AND THE TERMS AND CONDITIONS THEREOF OBUGATION TO LEAVE THE TRACTS UNOIST.IIRBED INCLUDINQ,'BUT NOT LIMITED TO;ALL TREES.' FOR COVEN-ANTS.CONDITIONS,.RESTRICTIONS, EASEMENTS AND UABIUTY FOR ASSESSMENTS AND OTHER VEGETATION AND UNLESS OTHERWISE,{r,L,LAWED BY LAW AND APPR04ED IN WRITING .CONTAINED IN INSTROME?IT'RECORDED JUNE 22,1989 UNDER RECORDING NO. 8906220754. r. STATE Of ) BY LUSD OR ITS SUCCESSOR AGENCY. THIS OBLIGATION SHALL BE:ENFORCEABLE BY THE:: .: 18. TFJLS PROPERTY"IS•SUBJECT TO A'N EASEMENT AND THE TERMS AND CONDITIONS THEREOF t SS INDIVIDUAL LOT OWNERS, THE HOMEOWNERS ASSOCIATION, OR OTHER LEGAL ENTITY.HAVING ' FOR,CUT OR FILL SLOPESRECORDED;RECEMBER.27, 1989 UNDER RECORDING NO. 8912271705• COUNTY OF ) OWNERSHIP INTEREST, OR BY KING COUNTY AS A CONDITION OF SUBDIVISION OR OTHER PERMIT .. . I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT APPROVAL 19:'THIS PRORERTY IS SUBJECT TO RESERVATIONS CONTAINED IN PATENT ISSUED TO NORTHERN • PACIFIC RAILROAD COMPgNY. RECORDED FEBRUARY 10:1886 UNDER RECORDING NO. 146053, VIOLATIONS OF THIS COVENANT SHALL CONSTITUTE A SENSITIVE AREAS-VJgLAT1ON AND MAY - '20. A GATED EMERGENCY ACCESS BASEMENT SHALL BE'PROVIDED ACROSS LOT NUMBERS 2 AND EJ•I SIGNED THIS DEDICATION AND ON OATH STATED THAT(HE/SHE)WAS SUBJECT THE OWNER TO IMPOSITION OF SENSITIVE AREAS PENALTIES (OR CIVIL PALTIES) AS • 4 FOR THE BENEFIT OF ALL PROPERTIES'USING 152ND'AVE. S.E. AS A SINGLE ACCESS. THE AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE OUTLINED IN KING COUNTY CODE TITLE 23. _ EASEMENT SHALL CONNECT 1MT1:1:THE WASHINGTON STATE DEPARTJdENT.:_ OF WSDO APPROVEO"SECOND ACCESS. TRANSPORTATION TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND THIS COVENANT BENEFITS AND PROTECTS THE PUBLIC HEALTH, SAFETY AND WELFARE BY ( .� ' PURPOSES MENTIONED IN THE INSTRUMENT. MAINTAINING THE NATURAL ENVIRONMENT AND CHARACTER OF THE SENSITIVE AREA THROUGH '1 21.: ERE SHALL•;-•BE NO DIRECT VENIEEIIA4MAPLE R ACCESS TO•;ND FROM SE VALLEY RD THE PRESERVATION OF NATIVE VEGETATION FOR THE CONTROL OF SURFACE WATER AND '- 'i69)FROM.THE ABUTTING LOTS(KCRS SECTION 2.02). ACCESS SHALL BE FROM 152ND DATED EROSION,MAINTENANCE OF SLOPE STABILITY AND PROTECTION OF THE PLANT AND ANIMAL AVENUE SE QR THE WSDOT APPROVED SECOND-ACCESS. SIGNATJRE OF HABITAT. NOTARY PUBLIC 22.THE HOUSE:ADDRESS SYSTEM'-FOR THIS-SHORT PLAT SHALL.BE''::- AS:EDLLOWS: ADDRESS,': PRINTED NAME OF THE COMMON BOUNDARY BETWEEN THE TRACT AND THE AREA OF DEVELOPMENT ACTIVITY SHALL SHALL BE ASSIGNED-FOR THE NORTH-SOUTH ROADS WITHIN:YHERANGE-OF 15320.TO 15950 BE MARKED TO THE SATISFACTION OF KING COUNTY PRIOR TO ANY CLEARING GRADING, NOTARY PUBLIC AND WITHIN THE RANGE OF 15200 TO 15350 FOR THE FASTWEST ROADS.INDIVIDUAL BUILDING CONSTRUCTION,OR OTHER DEVELOPMENT ACTIVITY ON THE LOTS ADJACENT TO THE ADDRESSES WILL BE ASSIGNED-,TO THE PRINCIPAL ENTRANCE OF EACH RESIDENCEL-DR BbILDING .. .. TITLE_ SENSITIVE AREA TRACT. THE REQUIRED MARKING SHALL REMAIN IN PLACE UNTIL ALL IN ACCORDANCE WITH KING COUNTY-CODE 16.06. DEVELOPMENT PROPOSAL ACTIVITIES ADJACENT TO THE SENSITIVE AREA TRACTS IS COMPLETED. _ , ' MY APPOINTMENT EXPIRES SURVEYOR'S NOTES CONTINUED ON SHEET 4 OF'•4 RECORDER'S CERTIFICATE LAND SURVEYOR'S CERTIFICATE CiViL ENGINEERING, DESIGN, g� ft.p *::, % • ' ' '` LAND PLANNING, SURVEYING, •�8 �y� % AQUA BARD;. _ FILED FOR RECORD THIS-3/ DAY OF,--7.4., ,2001 THIS SHORT PLAT CORRECTLY REPRESENTS A SURVEY °I< a i //.' ' 6 MADE BY ME OR UNDER MY DIRECT SUPERVISION IN C(-C( ENVIRONMENTAL SERVICES ' a A^ -. a dI 4 SHORT SUBDIVISION,:'. ATA?M IN BOOK/q `7 OFS`e it LAT PAGE j n y AT CONFORMANCE WITH THE REQUIREMENTS OF THE r---t /e'- 1.--.':t' .• .•: APPROPRIATE STATE AND COUNTY STATUTE AND D B ��I i l `p�f THE REQUEST OF DANIEL R. PRICE SR ORS ANCE FROM JULY 1919 TO AUGUST 2001. `Y7 502 16TH STREET N.E., � �. '-9 `Y ` OWN. BY • .DATE JOB NIS. CONSULTING SUITE 312 \'p••• g4." j RJH ..8/14/20DT 99012-21 AUBURN, WA 98002 \�` • �,� -.(j_ �' �.�C ......,14k Irv': Lo CHKD. BY SCALE SHEET:•. DANIEL R. 'RICE SR ENGINEERS OFFICE (253) 887-0924 MANAGER SUPT. OF RECORD 37533 FAX (253) 887-0925 .- `-,,ss:27 MARCH 2002 �; D.PRICE N/A 1 OF 4 SANITARY SEWER LINE TABLE WATER EASEMENT LINE TABLE WATER LINE TABLE CONT, I RECORDING NO. VOL/PAGE ::0 • SHORT.:PLAT N0-2199S3019 LINE LENGTH BEARING LINE LENGTH BEARING LINE LENGTH BEARING A SHI R'n 3 105.96 S88'13'48'E EI 410,19 58$'07'49'£ E16 ll0.00 Na9'09'i5`E c' 'p/ Cj 3/ C/'.CJ GJ C 0, c r 0 &f A KING: OUNTY;' Wp1Sf-I.ENGTON S2 200.00 SOl'46'12 W E2 71.25 539.59'58'£ E17 17625 SOL'46'12'W S3 305.00 S88'13'4B'E E3 5917 516'06'42'6 - E18 311,64 587.42'5$'£ S4 49,55 534'55'58'E E4 6&71 511'33'58'E E19 I76,25 NO2'11'26'E SCALE: 1 INCH= 200 FT 111101 I I I 1 I 55 49.42 221'2111'6 E5 55.35 509'04'59'E E20 96.18 587'26'25'E 100' 0 100' 200' 300' 400' 500' S6 65.59 S17C8'04'E E6 91.09 SSO'07'14'E 621- 178.20 589 .39'21'£ SB 4B.31 509'45'27'£ EB 137.00 525'3719'£ 622 10.00 200.42'25'£ PORTION OF GOVERNMENT LOT 6 AND 623 22624 "00.42'25'£ NE_1/4• of SW 1/4, S.�3 T. 23_N., R._ 5 E.pW.M. 624 7.32 S06 S9 111.41 513.48'00'£ E9 115.68 S28'S4'46'E '25'31'W S10 72.23 507.37'55'£ El0 50,70 531.43'49'£ E25 10,00 S87'42'58'E 1 3 % _ 211 61.06 823'25'36'E Eli 97.02 527'40'30'E DEDFCATED;'•TO THE RUB_LIC 212 4(1.62 529'43.06'E E12 555.61 587'46'52'E • FCR ROA.0 PURPOSES S13 101.91 526.01'31'E E13 61,88 589.16'18'E :UPON RrCORDINO"OF 71-115: r 514,,,,_„143.42 531'05'27-E E14 28.12 589'16'18'E SHORT'PLAT. :'`2151 55,59 523'28'35'E 615 16.00 500'43'42'W G='112'32'13".{ N75'41'35"'w P 25.11 • SECTION SUBDIVISION 27.97' /� L=44.74' - CEN R 7..piESECTION..23 S. t,...,1.-�4 OF SEC 23 T. 23N, R 5E, WM ='.. ,... .. 2--'IRON� ,:N11'.613.6 (PERALSUR`AREA: '1:;,,, ',;'; • 60UTH 1/4 COR.NEP.OF SECTION 23 205.00 S.Fi%,;;:,..; x'29,,95'.' N0 3"IRON PIPE W/HUB&IACK�,% _ - S 07'22'51" WzsoB.42'\. • - l 2308.38' �: i.:' `; ;. • - - ..ASLS OF SEARIti'G'- 30x.04' 23'lz6 521'54'32"W__/ -..-....._ ; is- „ 9.08' TRACT "B" DETAIL _ SCALE; r=200' i SCALE 1"=10' L DEEDED TO STATE OF WA. _ • 1500 0 200 400 s PER AF 9 3 030 41 1 91. co :: \\ N qy t oo e Ell - 5'{DRAINAGE:EASEMENT.'--• . •''-. '.* PER A....#§4-1208104.T. :. PK:W/'FLA.SHEf. " 3042?'(TYP) ;a '-•••.• WEST LINE OFA •-S' DRAINAGE EASEAiFNT • REBAR W/CAP"#2146 " •148' RIDE`IFHICULAR\ , :PER AE 9 41 20 81 041• I, &:PEDESTRAIN NEC NO- 0-2'N &0.05'£'OF•-CORNER W > _ d- N01.22'S1"= sA12081041. \ ti t'. .,- ZONE DU(1) 15^--..61' - o Il REBAR W,/CAP°" wo• .B • :0,3: REBP.R W/CAP " 1467::, "3I 0427" \ '- oo •w� ::;,... » - 0.2'N & 0,2'E OF CORNE �n; `"NO1'22'51"E 71 z `•'{196.fi7`J `V oa o•::;:.;` Io • 611\ '-i ..to 44.00' 7 --• •`•-- "07'22=57"6 Ij �N20' 34Y.57:. "01'22'51"E z� f 610• 207.36' °•"4.417.21'- N 07''2251'E .': Ea \N "3 N88'3T09"�(: w -5-4:. - P-::--- (269"•.".' \ N. 0 171.36' O 'I m o tii�i "7158'33£ 551158'32", 526.59' r} E 'N v 9 / a v, c'..•ni 2" 43.31' •a'+ tl p- 5£}8'37'09'6 ,.--"'2`8:28• - z a, _"01.22.:51"E 5.m �' v m.4 0 3.00' :•E7 z Z 7.92'-': 'Y A. ZN88'3TD9" 1 1•3• £6-- 10' SANITARY SEWER AC . ° z s1.m')l" W 11 12 E4�`•-ES ✓ ^� O.Zvp=10'45'17"173.51}-•.'" ! • EASEMENT AFN,9007059003-.....,..1.C..2 Ooh - E2D��\624 1 625•::' \ - CENTERLINE OF 10'`NDE # If, Nnu ^� N"11'22.57"E -R=2zaa0' LOT 1 171 1 SANITARY SEWER EASEMENT REC 575'4135"E �- .v -co. N 83.15 L=42.05 ' L i� : • • 661.16' Iv �` n"8874'49"W ZbN 'R12(P� -�•t -3...,:''. No. 9007050603. SEE SHEET 4 OF 4 :-rr2ACT •'D„ - �',��" `o �a zt.a7 p=o8•So'25" 3a9,7e7 sgf;f f' "01'22'51"E DEDiCA EO • q ° ` I'7" LOT 2 R=208.63' 8.92 act'::;.El io :j E2 TRACT "A" 83.15' •= / `°' l• 202.17' �'1 L=35.83' L8 1 :1 L9 707.775 sgfft • ZONE R12(P)- TRACT "D" l 1 16.24 aci DEDICATION•III.ETAIL M 162,388 sqft± DEDICATED TO HE PUBLIC ( 1 L6:' SCALE,: 1"=100"' :.- O - rI �� " 3.72 acok N7T51'S2"W FOR ROAD PURPOSES UPON ' 'L5 WETLAND & 155=102'32'13" h M2" �n�p=15'45'02" 389 52' RECORDING OF THS SHORT �' fL4 "88'37'09"W� ' rn ti lU ..8.-,,, R=50.00' PLAT. E1 E15 L7 41 1 STEEP R=25.00 ( .�, - �_� N7T51'52"W - J i ,� SLOPES 171 72' "01.22'59 .E..:•.-•• --. - L=44:74 'k7.-. �O Zoo^ m L=13.75' 387.46' 613\ / \� n;; Oay. N (� FND MON IN CASE i t8 l N01 2751"E 4400 TRACT "B" Nom^ =6535'08"� 2"BRA55 DISC E17� �! I L2 15'BUILDING Ts ', R=25.00' -- {+ i � SETBACK 7.92'1 SEE DETAIL ON _ ry �78'S5'S0" 1 I� <;6D7'4 '13"W ( L=28.'a 2' PT THIS SHEET,: 720,• ,,-_- w _ -- E R=50.00' i 676 E7 L7 "8814249"W ` "88'3709"W m 646.14' 152NDga X9.10' 7 ''88' 725.44' ` ' 770.91' (O WATERLNE EASEMENT) 21.47 \-175.50' *::q-- 5254 J S:1L.�:a"y�■ "01'46'13"E 1409.50' \ / 686.06' I (HP) F n"`•'•- • • 9'08'2nµ" ' _ 205'21'33"W \�/ 46.61' (TO WATERLINE EASEMENT) SGl•22'..1"W 1 m 501'46'1 "f •_• 50.00' CENTERLINE OF 1D' WIDE I 224.00' \ m -• J. 27£'62 - "-\`"88'13'47 W WATERLINE EASEMENT FEC WEST OF EAST 1/2 OF LS=1 6•4.317 N --. ""' •,14•0'•:WIDE ACCESS'•EASEMENT:'•TO 4-00 NO. 9007050802 SSW 1/4 OF 23-23-5 "3 TRACT:'"C" g 'S01'45'11"W R=224-00' WEST 1/4 CORRE'R OF SECTION 23 BE ABANDONED UPON APPROVAL n 708 63 -- -- SEE DERAIL 04,:' ��- STONE MONUMENT::. BY NJ5667 FOR DIRECT ACCESS TO L=42.05' TN, IS. SIT•5;6" 23 (PLR ALTA SURVEY)-•:•. $R'169 FR(,hi LOTS 3 AND 4. 208.63' W --'"0.\ 12`08'08"E z •-•.- :- - _---- s 02'O9'os"'w 1:. NON-EXCLUOIVE,E51. ------ _. 224.00' LINE TABLE • FOR DRAINAGE BEC. • 2655 8.2'•• - - 23 1 26 LINE LENGTH BEARING No:.8912271705 &9105281356-i- :,� '614. 1 A=09'50'21' LI 68.37 N04.00'58'6 _ 22 j 27EGA Vl? • 61 R=208-6,1 L2 62.21 N73'10'48'E - _ ••.• „- T L=35.83' L3 40.48 "84'36'01'£ REBAR{•& CAP, PLS#37533 �� L4 68.54 5x1.29'32•£ BUILDING'•SETBACK-RINE IP TO BE'SET UPdN THE -" SOUTHWEST CORNER OF SECTION 23 L5 5355 N01'4Q'S2'E _____ RECORDING OF-THIS PLAT • •(CA1_CULATED PER ALTA SURVEY) Cu (477'51'52"td -10' BUFFER, UNE-"••:.• a3 y 26 - • c•oL6 29.64 "70.52'25'£ ••.,:r�� SEC. CORNER MONUMENT , 389.52' L7 32.79 N31.43'39'E - QUARTER SECTION LINE-`•22127 ::"SURVE'OI ••S NOTE L8 54.88 "74'23'24'£ PROPERTY LINE THIS SHORT'PLAT IS BASED OFF THE,:ALTA SURVEY PERFORMED BY DODDS ENGINEERING L9 56.97 526'23'42'E p ••1/4..SEC:•CORNER'MONUMENT .}. INC. W41f0H WAS:DONE FOR QAPITOL,'PACIFlC TRUST AND PER LOT UNE ADJUSTMENT L10 49.07 N83'20'42'E -----EASEMENT LINE - 589M0140'AS:RECORDED UNRER RECORDING NUMBER"9003.151304. SECTION BREAK DOWN LIS' 617 N24.03'28'E 5** WATERLINE EASEMENT LABEL:: IS PER THE PLAT'.OF VALLEY FAIRE 1 VOL133FAGES 43-47::. _ 57'51 52"E u2 71.48 Nes 16'15•£ - CENTER LINE S" SANITARY SEWER'•LABEL / 387-46 L13 73.58 N73'17'58'E L** UNE LABEL ' '-"' . . • / n/ • 68/f in,-. . AREA:28,458 n • _ :� TRACT C DETAIL CIVIL ENGINEERING, DESIGN, R • • A=65129.30"=65.29'30' SCALF: 1"=10' LAND PLANNING, SURVEYING, • a -": •'. �4A BAR1 ;1 R=50.00' DEDICATED TO THE PUBLIC ENVIRONMENTAL SERVICES R=25.00' CC` 1 " pA t➢ • • L=57.15' FOR ROAD PURPOSES wg e .SHORT SUBDIVISION' L=28.62' • • UPC" RECORDING OF THIS ` I7 lb di z • AREA: .�:%, SHORT PLAT. D B M 502 16TH STREET ME., 1. '. OWN. BY .DATE • •: JOB 5lb. TRACT ''D" DETAIL .7.00 s.F� .% ° SCATF: 1"=100' SUITE 312 0 37533 q :i' 99012-21 S41'56'12"W� :i; \ o=1731'21" CONSULTING AUBURN, WA 98002 ( 4� qrsrsa4� RJH 18/14/201 :: 50.00' (RP) N01'46'13"W�/r R=51.10' ENGINEERS OFFICE 253 887-0924 1�" �1L LATS CHKD. BY SCALE SHEET;. 18.65 L=15.29' FAX �253�887-0925 I p l•RES:27 MARCH 2102 D.PRICE 1"=200' 2 OF 4 RECORDING NO. VOL/PAGE • ...-•• 0 SHORT-PLAT NO. L99S3019 KING COUNTY, WASHINGTON -2-0 / a.3/ 90 0 C.c. /`f 7 /0 5'g SCALE: 1 INCH= 500 111 I I I III I I I i • 50' (il 50' 100' 150' 200' 250' PORTION OF GOVERNMENT LOT 6 AND • NE_1/4 of SW 1/4, S. 23 T. 23 N., R. E.,W.M. A-----_`_ ....... .. . ... .. . • . . •. . . .. . . . R ... :: . ....•:: .••:.- ..:.......•,..- _,• •• ENroN ____, .. . .• .. ,• .. ., . � =_:•. ...• .. :. .„. gyp... .. �_` .....,,,,,,.. ..„______„...„.,...„ .. . .. ... • • �A `' „-. . .. -11=-102'32'13' e,.._ , :?'_,. '--%y- - _ .e.. \ `�_`� R=25.00' ���c_ '"'- ` . =44.74 .�, `.-; o�,'5 W_`-..._ �� o (�'R • �.•.� 16 . 1 ' ;s, _ 9) Rom :° _ %�--- --1.--.1-_-_-_-_::-- `_.� _ _ SCALE: 1"=100' rn�. / _ �� /• ., .:.1. �•� --s �'�-_` 100 0 100 200 _�� #,.. / I mss- �`'~------ . / DRAINAGE EASEMENT • • ( / .] w "'�PER AFN'f'9105281355 1 f I "^I - // -. 1:..� ,I// _1485.43 NORTH OF THE `\ •-.::• ,•.•yI t� 1 1 ...•- 2g0.28,....••..• lam' T\ I Ili SOUTHWEST CORNER OF E 1/2 \ S01'46'13-E '4.44-. -f' / - .:�LO 1 ' ! IQ / OF THE E 1/2 OF GOVERNMENT \ 272.62- -�-- '•-Ir \-. X80''-.'. .:J 11I I. •• ••:I :r LOT 5. �. �'. -I -5:; TRA;-of �•. I \ Z' ;i �\� \ /'[A�s i'3S"w a5 :�:7 = 1• \ �4 ii �`� Z2 X51 f ::::....•. --'- rni is \\ :::. IN• I _ • N8813'47"W 258.23.: 10' WIDE�YATER .l \ ~4 g - ;-.:',.:1,-?; �y�� -. e- 1 _�� _ •.I I .....-•.:... N :i - -41 4.00' LINE ESM'.'REC. ` ._`� 2 6 �/ -S'%3 1 `-�� • _- j I N0. 9 007 0 5 08 0'1, •-s tel• .•• _ { (I 'J\ ,+ ` :\Y_1 '7.:7-. __ _ _j r Eq MfT�n01V I ' PERETIGINEERS i ��� - 609'53'37"E-\ iI ` m!1 -t .' \� --:;---OT _ --1 I Nr _ StTE PLAN. t t ,5.30' \ I i.' '°I' \ 174.1 �"..,. ..-,_. _ %-'L •- 1 y1 �:'�� _ 1 ' -Yi \ L\=6535'08' M aTAI. •c, ..,.• y ic:-� +^`` ` - :.I • I �;I r� I �-�� _�4 I I ) / I \L=28.5114 -•-••.-.•..•3 'l \LOT L / - REHAB 1L/CAP I1 _� "`.- �L _ `''+._ / \ '_ •-¢¢0.00' (/„� Cc `60122'51-E I J - • I "g3Q427' [ tk •. 10' WIDE INF1-L•TRATION & ••..,.. --•- 686'13'47"w '� }� r . -C=1�5.Z'y,y_`1, _�N:;`iy= 83.15'1 / •_• -I Li..1 DRAINAGE SYS-RM M REC NO: 430' t _- �� ,I 888'0755•F I� 1 9412081041 I • •'"• 1 67751=52",W r --. __.`" _11,, _/ +72.00' :-WEST UNE OF A SO6'Zi33:W I ,:- •- ...____I '• 38s.5("' 7`i_�' �__..,_ _ _ I '11__ y 48°WIDE VC411CULAR f • , A� / 688742147 1'� &PEDESTRAIN REC N0. 21. _. III v1 ...,,_ 10' WIDE SANITARY- - TRACT "ll,+ 2L4T 1 I j 9412081041. 1165.47 SOU fH'UF,THE 5792h'23:'E`L ( I U t- / t NORTHWEST CORNER--OF:£,1/2 323.94'' SrWpZ ESMT. REC:' s[5.21`33°W.. [ ,j ` ..---_,�. St, 755 5 "'•'...�,. PK W,'FLASHER"30427°(TSP) i NS.'-soo7o5o8cs: 50.00 \ OF THEE 1/2 OF GOVERN1+tETf7� `." --_s ---�._. 5TH pL' I ,71.72• LOT 6. .•-� �. I �.1�.:.ti�-['p�?7'.4 t \--L____ �-. k88'37 09 VY-._:: PROPERTY '-"�..,.,,_ \ LINE /-:;.,,. _ - E)I` L�=78-5550' ''', f' ING j �.... .-._-._ \ / - \i :-L=66.ae•:• .• .-�-s,=1 r t - - r \ .. w- I _:11775152'Wf- r 1 �=0950'25 c • 5 • SEE D'=TAIL'A' • • z� 387.45 y. /-: 1 /R=208.65 \\ / - -'`-" THIS SHEEP /`, '\` '� j I ..!Y-.LL�%irr•'. L=35.83' 1 173.50'C9'W ,o N . rf JJ` I / \ FOR FASEMENT f I y;�,;/...,.,....._....__, 1 0=,O'45;I,: p 7"j' mN `�+. .�y' 1r. "° ::I!'VT"�:/ / R=224. • j.:iS-I"fir`: = 1 .i.. L=420 I R , t.._1�i." :=oFD TDSnPU.,.B.,U„t 'DETAIL "A" •. , - I ' r , ....4,,--F-1..... -FOR ROAD PURPOSES UPON •-211 •• i°I .--r`: ' SCALE: 1"=500' I r• � 4 ,GJ ••y ( 1 f;1..,,,, RECORDING OF THIS SHORT P14f Tt � `.$8537'09E '7_I 20.072'51"E ,% , 1 _.,rt,;. ..:: . Z_ _ .� ," _ MATCH LINE 1 -- --� � :.yid :I I I -------1.-,H-1. 'I 60.80:-."E SEE SHEET 2 ^�17 „460:,-.... }_.,_ TO THE NORTHWEST CORNIER I s ,,, i - 4==..• 3 ..i I .r ( I : _ r' OF THEE 1/2 OF TI-IE 0,.,1172 -W _-��,_,� r' -s__�=i' ..I i% ti' j ,. OF GOVERNMENT IOL. I, \ !I •"' :TP I -:\ ''•m....N ''''.--,----;.---=•.:,.-.4"f-••=.a..,lT' j:- `_/.: 11 • -:.• -•, 12 m\ .`'_... ..�• '� 1 .N883Y09"1Y=:•-'-• ...... 250.3 .C-" I •• •\ / .... _�; I ' I LOT1 • • I 51 '•-_,, 11 •:CENiL�2LINE OF'10'WIDE :1,-:' CIVIL ENGINEERING, DESIGN, EL x• • I , T 7 \\\\ LAND PLANNING, SURVEYING, p4 �+i" AQUA...: DtuRN ENVIRONMENTAL SERVICES `,' qF� .4s SHORT"SUBDIVISION D B M 502 16TH STREET N.E., ' ' \ D . BY DATE JOB NO. , SUITE 312 ,_ 137533.4 - {519012-21 CONSULTING AUBURN, WA 98002 .1'9ISSO ; RJH 8f14/2O01 ENGINEERS OFFICE (253) 887-0924 •�j' SAL LIQ : CHKD. BY SCALE _:. SHEET ''':.• L' FAX (253) 887-0925 r y1„"\%PIR`S:`27 12CH_2°32 p D.PRICE 1"=100' -OF 4 i . , , .. • .. - .:,... • RECORDING NO. VOL/PAGE . .. L99 5301 9 .... sHokt.PLAT NO. ...--- • -0 KING COUNTY, WASHINGTON a a c), ,,,,, sp.s/ 9 0 0 C".0 V / 47 7 /0 ‘71ft .• .-:- ..,,„. . - . .. . . . .• .• . .. - SCALE: 1 INCH= 100 YE 111111 I I I I I . . ' • . ..t.' .. . . .• - 50' 0 50' 100' 150' 200' 250' .... .. ._•-• . . . - . , . . . . .. .• PORTION OF GOVERNMENT LOT 6 AND .• .. • .. •.• .:-: --.--• .....- •. .: .-. . •• SURVEYOR'S NOTES,8oNnwuEbr: NE 1/4 of SW 1/4, S. 23 T. 23 N., R. 5 F.,W.M. :. - .... 2 _.._••• .. •::•-••'3_THE STREET•gREES THAT ARE REQUIRED FOR LOT 3 Al;r4 4 1MLL BE MET A911-1 THEEXISTING TREES.AAT ARE IN PLACE•iON , ! I !' 11 px,"-?....!„ c i Y.- ----- L...,., ..,,,,, . • .1 i • ,..: 1 i THESE LOTS,:: WHEN A-BUILDING PERMIT I 'APPLIED FOR AN s I I -,-. .0 -.5 .....-__ --, I L ...1-2-1---_,; i SEE SHEET 3 EVALUAllOR WILL BE SIADE IF ADDITIONAL TREES ARE REQUIRED 1 1 \ 7-----, ..1....m...,_ , I - -.... .. f ..4,,- -24f.....,,,,,,T; -- - -1-... ,---i.--- - -, 16,041.622051" --''. ------ .---.-- - - TO REPLACE ANY OF THOSE TRI;r_S THAT ARE REMOVED IN"THE „-•- '•---. _ "-,\ \-1,5_,1 41 I....I:JIA", I i II (. ''.---- - C.1 ; I MATCH LINE „R•UltDING PROCESS OR IF ANY ADDITIONAL TEES ARE REQUIRED. ..•' ---•' THE OWNER OF.THE LOT AD,i.ACENT OR CONTAINING THE TREE,..••• ' _..,-.424 -----:,•74--,-. ,____T---I ; ,...4 .-I' !L',_•4 I .,. SHALL BE RESROSIBLE FOR THEIR MAINTENANCE :• .:• TO THE NORTHWEST CORKR..-.•.• is? / ::--i "--•.-7,-.-2-5 -1---,-;,-,7 E----1 1 ,-r!,cr.. I ::. OF THE E..1./2 OF TH5•._ ..1.145:- ...:.. __,._ •,.- 1 If"-----.1 -;,,.,,4', 'f g 1 I. THE STREET- EES THAVARE PLANTED'ADJACENT:TO 1B21,18 OF 6c1VERNMEN7 Ltil....t: S',1. \ i ...*: AVENUE SE AN11-LOT 2-SHALL BE 1*RESPONBIt311.JTY.9E THE ....• ... ,x..... I OWNER OF LOT 2 TO MAINTAIN. •• •• ' ••• •:' --, ro to It ..,--o.o-.r_t- P I -- -----....,._.„, I • .••••••• . . ... ••• •••• -.. / .. .. .. .• -• ,.. .. .. .••• .•••• I !-_,:-v: ' ...-- i \ r '32,743,7°9w • - • .. .. . . ...-- I: .----,/... I \ t . :... .. .. ..: 1 '- 17:r - 2503 ..•. '?"-*----I*-':-:./ .':'' I ... .. •,::....•:' \ / . ,..: I ••-•""'"*'--*- 1'1 Si '..:*'. ....'. '*•-' i ./ I LOT 1 • .. ...- 1 r CENTERLINE OF 10'HIDE .-- ' •f :.j ......- I 1 I ,a., .----WAJERLI NE EASEMENT RET '-'..... .. .. Na 9007050802. • ' 1 ! / .,,i''rt, • ..I.. , *I...1* ti ...7.1 ..."1. 1 r'- SEE SHEET 2 OF 4. . .• -":,,-......-•••• ." .,--- I _,L.:.,.___ . 24A,r__...: •II,. i 7-- II :, • / i / Ast ...:-• „,- , i .,:•I 1 i / I ... • 1 ,-.- I 1 1 - ,• ;.- I \ .:' t, ."- --,--- i - ,w_iiijo,IN,. :....._,..,,j_ ,..-:,.../4.r.,,,, \ .k: ' .- - - „,,,, ,,, , / / .. :_ .• -1.f 01:6 E1'32E -I.... I / _.....-- 43.:;1, ... •, : .: , ,,_,. ,..._. _.....,,.._„--- ... ..:... N88-3-7.09W ...•• '''>;.:. 7---- -_-,'-• ._.-:'_ 7.. .-,--7 Ti- .. . •:;:. ..- ao.00' - ._ ..? .. t ,<E,,!, -•-, •-••. 1 .... ,:. ...:.11 °(v1-71.. .T.::----.•:-. ,`-- - .._____- . -:. • A .... .• • -.--------•-----__.____REBAR W/CAP''#21 46r -• 0214&az'E OF CORNER •'1_13 . \ / .:•''- •-''I--7.T -•' LID L" I:32- .--.•-• WELL -: . AF#7908070748 .-"s--- --' ••• ..,.•.' •.::::: : •••*---•:---------" I %'• •••4•• . •••••••• I ..-- • i LB •-- ... -:-.- . • . • CENTERUNE OF 10'WIDE ------- .....• IV:;•••' -• ..::..r: .-:• WAlERLINE EASEMENT REC --*---\--- \\- -:.. .: .. :• ..-. . • ..,' . NO.9007060802. . L5 .110' .• SEE SHEET 2 OF A. :. .1I . . ... , • * . .•:-. \ . ... _ .. :. .• .. ... L4 Tge( - 0 100 200 • . L2 I-3 •• L1 • - .-.• . - • ,.• • ... . %. §,.,•,, ,e'l.,,,,-....a .,.,, ..,\...,.•,...‘m .- . ..-- SANITARY SEWER LINE TABLE ':: .. - . • .- • • .- - ..- ••• .. .. - - LINE LENGTH BEARING .:: . . .: • .".....,....--• ... • - .. .• • VI .. .- ., . Si :i05.96 S/38'13'48`E f: .' -•- .• v„,S8 ••::. .• . - • S2 .," 200.00 Stir-46'12*W -:• : •••.. . ±-.-.::-. ••• .• . .-' 53 ..." 305.00 ,S138-1.3'48•E :• .:: .' • • . • • .- . 24.--• 49.55 ...•• S34•55'58•E•• 8' If, --. ... .' ...• - :-- • _ - - Si 49A2.1• S21•21•11% -••.• -1... ‘ 59 m I'''.'•-, •• - ..T.2: '. .z•••' . .. _• .:56 65.69 •I:-. S17•Q2'0•4'E • .. .• • y 1// :._ .- •'57. 45.38 •SIII,36'56T ••• - .. . ' .• . •::-, S8•,-. 48.31 509'4527'E -.,' .-.• .• ,-.. • .,. .. CENTERLINE OF 10'WIDE SANITARY SEWER EASEMENT *1 t S9 '':•111.41 S13•48'00'E ;.,' ...• .• .• . '... .. - REC NO.S007050803. - 11, F SID 7E23 2.07•37'55S-'• • .•' • .•• -- . • . .. S1.1 61.06 •' ‘S28-d5‘36'E •• ••• • .. ..• ••• .:. .. •• ••,. -1:'' /sio f 512 40.62 S29-43106'E •- - - :.: .• 2.13 100,91 026401'31'E " .• ,••• .• • V :::" . • . S14 143.42 S31•05'27"E ...•. ••••.•.• •.'•' '. 1 f.,_ a . .. S15 55.59 523'20'25°E .••••••• '' /0 ,,e,;- :: - '•:... .•7,1 .. ...s3 •:::,... ..., ' . .- likk/sr: ---.-. - 0 ' .'.. ' .. . .-.--• TRACT ."A7 \\ . • - . . VS/2 N87'46'52-11/ . .. . .. .. . ".• .. . .. • • .. .• . LINE TABLE . ••-_-• .,:.• • . • - .••• . . • : . . ' • ._ . .. .. . • !....:, . • - LINE LENGTH BEARING ... • ." • ." • -- .• • 013 .. ._ ....., Ll 6037 N84•0058'E " : •' . :: - ' '• -.. ... - \ :_. g PL2 6221 N73•10'48'E -" .•, ., . - .-- -- _ P . L3 40.48 N84'36'0i'E .- • .. .• .;- - . . ••••••••••.. -;1_3' •• •- L4 68,54 S81•29'32'E . • • •- • \V ' .- 4 . .. . . •-. . .-. _ ' L5 53.56 ND1'48'52'E • ..• - .. • .• - • - _!:S . • • L6 29.64 N70-52'25'E • .- • -• -' •' . . . . r-P2 rt, c .:._ . L7 3279 1131 4339E •• • .-• • ..* . -,. '1/4. • . . 7. L8 54.88 N74•23'24•I "._,.• .. -- _.. • .• - " .• .• • -. " ,., L9 56.97 586*23'48'E .*. .. •- •- .• __..-• "..... Fs,KI . . - • • ' • L10 49.07 N83-20'48'E •• • -• •• . . .. s-Q ,, L11 6,17 N24•03'28-E '' . •• •' • \ ••• : 15 .. .- > .. . -• -e':!, 17 L12 71.48 N85•16.1.5'E .' • •• •• •' '•• L13 73.58 N73•17•58•E 1355.87' .. •--- .... ... • '-..-. .-.- .• • • ........ -• ''•.--: .. 500 •!•,:. .- .:"..:-. ' -.. 1.;•!.: - 9,-.•- --..... .:. • 687-46'52-W'...•2611.34' •' ' ‘':" eV/dY. -. ....• -I... ... • .i.„.....,... .. .. . - .• .• ..,:! ..-Z..b. .. CIVIL ENGINEERING, DESIGN, r i _.,- r. _ . .. -:- • : .: • •• .• LAND PLANNING, SURVEYING, k ,...4.VA"IL. •,'- --:.1 ....-• '' cAL A.-&,-..,...f. ' ENVIRONMENTAL SERVICES .'., 4:istilf,!--nr,ir i•tqrfe. '.. ;, .. .... • :' •-. .- ..--: : .• .• • ... . .• AQUA BARN SHORT SUBDIVISION ...• •• .:::''* ..-... . . D B M 502 16TH STREET N.E, 1 • II.'. / DWN. BY . '. DATE • .• JOB NO . 0 2-21 .: , - ,.... SUITE 312 ,•• •• '..' CONSULTMIC AUBURN, WA 98002 .,a.. o!„ 33 4,::, RJH " '''--.,. 6p4/2001 f,:I. ::.. S1-17......T. .....E.-70; :: L ENGINEERS OFFICE (253) 887-0924 .I....- CHKD. BY SCALE • i'i FAX (253) 887-0925 ::,..• I,;;'‘ E:.Alliklirlii'VIRECii.Z127;:cli'l 2002' 655 D.PR10E 1"="100' --, F 4 .:..- "-. . . • - . . .,• EXHIBIT 8 Aqua Barn Site Intersection Traffic Findings According to the April 4, 2003 Supplementary Traffic Impact Analysis prepared by The Transpo Group, with or without Polygon Northwest Company's then-planned 247 dwelling units and new commercial development on the overall 33-acre foiuier Aqua Barn site the analysis indicated that the LOS for the intersection would be"D"with the completion of both of two phases of the intersection improvements recently completed at the intersection of 152nd Avenue SE and SR-169. The first phase of the intersection improvements were jointly funded by Polygon and the Renton Assembly of God church(now apparently called New Life Church). The first phase improvements included a new traffic signal and center left turn lanes along the west, east and south legs of the intersection, and cost approximately$488,000. Polygon paid $337,000 of this amount and the church apparently paid $151,000 of it. In addition, Polygon paid approximately$604,000 in additional King County Mitigation Payment System traffic fees toward other County road improvement projects. Prior to construction of that first phase of the intersection improvements, the northbound to westbound left-turning movement at the intersection operated at level of service"F". According to an earlier traffic study prepared by Transportation Planning &Engineering, Inc, during 2000, when the first phase improvements were completed, the traffic through that turning movement would have improved to a level of service "C" (both with and without Polygon's then-planned full build-out of the Aqua Barn site redevelopment). ?9 The second phase of the intersection)mprovements was the recently-completed County's Elliott Bridge Capital Improvement Project (No. 401288). It added the current north leg to the intersection, making it a four-way intersection and somewhat altering traffic patterns in the area. With the completion of the second phase, The Transpo Group's April 4, 2003 Supplementary Traffic Impact Analysis forecast that the intersection would operate at LOS "D" in 2006 both with and without Polygon Northwest Company's overall planned Aqua Barn site redevelopment project. While the residential portion of the Polygon development has been constructed, the three-acre commercial portion of the Aqua Barn site has yet to be redeveloped. In total, more than$941,000 in traffic improvement and mitigation funds were paid by Polygon for the mixed-use redevelopment of the former Aqua Barn site in spite of the fact that, documented in The Transpo Group's report, (a) only 9% of peak hour traffic could be attributed to the overall development (residential and commercial) planned to occur on the overall site and (b) only 8% of all daily traffic traveling through the SR- 169/SE 152nd Street intersection is attributable to such planned development on the overall site (residential and commercial). Prepared by Renton Senior Planner Don Erickson and submitted to the Renton Planning Commission at its September 6, 2006 meeting. November 13, 2006 From: Bill Grover PO Box 2701 Renton, WA 98056 To the City of Renton Council: Re: The Highlands moratorium I own property in the Highlands moratorium area located at 2807 NE 16th Street. The City of Renton approved and recorded my 3 lot subdivision on March 21, 2005, months before the moratorium took effect. The property was subdivided under the R-10 zoning rules in place at that time. The city also placed a restriction on the properties so that only single family, detached homes could be built. So, after spending tens of thousands of dollars on subdividing and to someday build, when I heard about the moratorium placed on my newly subdivided property, I asked Rebecca Lind if it would affect my property. I was told my property would not be affected by the moratorium because it would be "vested"under the rules in place at the time the city approved my subdivision and I would be free to build under those rules. She also told me there were other owners that would be "vested" as well so I did not worry too much about it. After watching the city council meeting on May 8, 2006 where Rebecca Lind defined "vested properties" I felt my properties certainly fit that description. On May 11`h of this year, I decided to write a letter to Neil Watts (see attached letter) to confirm that my property was excluded from the moratorium. His response was that the city could not issue me building permits. I think this position is unfair. Let me tell you why. Another owner in the Highlands moratorium area, a Mr. Kumar, also subdivided his property and recorded his subdivision after mine and, in fact, during the moratorium in July of 2005 (see enclosed tax records). Building permits were then issued for Mr. Kumar's properties (see attached permits) in April of this year! With more research, I am sure I can find more examples of special exceptions being made. Without taking further action, I respectfully request that the City Council exclude, "vest" and/or"grandfather"my properties from any moratorium and allow me, or subsequent owners of my properties, to obtain building permits in accordance with the zoning rules and regulations that the City of Renton approved my short plat under. When a municipality approves a subdivision, a promise is made to allow the owner to build on that property. I just want the city to keep its promise. Respe, 4 9Bill Gro' 4, .. 7 APPROVAL ��•``�. KING COUNTY RECORDING NO,. BK./PG.: CITY,.OF RENTON' DEPARTMENT OF ASSESSMENTS CITY OF RENTON �,, y Z00 S e3. S 900009 is y--/ • EXAMINED AND APPROVED THIS Zl�r DAY OF/T!]TRC. 70L1� 'EXAMINEE) AND APPROb'f❑ THIS DAY Of [l[ 70,E -- - -.;- HOMINIS NNI /UILDI /PUBLIC WORKS --_-- -- ---'----------_---'-- PORTION OF. f • .D 'I�4 CtSE.�' �b'� R o N B Nc ASLs°� �/ PORTiON UI'' THE NW 1/4, SW 1/4 OF EXAMINED Az APPROVED THIS __DAY OF —__ 20 ••STY ASSESSOR-- ------ ----------- - D SEC. 04, TWP. 2.3 , R. 5E, W.M. „ 9 . .ACCOUNT NUMGEROJ))1B0_1 SBQ___ DECLARATION. Cl.�);.,.OF RENTON IAPJU USE ACTION NO. l UA--04----006, SNNL CITY OF RENTON LAND RECORD NO, I NO-20 0366 KNOW ALL MEN BY THESE:'PRESENTS.1TIAT WE,THE UNDERSIGNED:` ••• - OWNER(s)OF THE LAND'HEREIN DESCRIBED DO HEREBr MAKE A.' LEGA[; DECRIY'LION: .;>CROSS REFERENCE: DECLARATION OF COVENANT: SHORT SUBDIVISION THEREOF PURSUANT TO RtVi 56.0.060 AND.: • -. DECLARE THIS SHORT PLAT TO BE THE:GRAPHIC REPRESENTATION EDT-K BLOCK 46,RENTON HIGHLANtIA5 NO1 2 ACCORDING TO.,: 35 RUf'ERENCF Id MAGE TO LIE FOLLOWING SURVEYS FFR THE OWNERS LIE THE LAND EMBRACED W7MIN THIS SHORT PLAT IN RFTURN OF SAME,AND THAT SAID SUBDIVISION IS•MADE WITI{'.THE FREE TNF.:PLAT THEREREC'ORDE6-.IN IRILLIMA 57 OF PLATS, • OEC TION 50$DINSION AND TIE INFORMATION roil THE HENEFII IO ACCRUE FROM BAS SUBDIVISION,BY SIGNING HEREON CONSENT ANO IN ACCORDANCE WITH THE DESIRE OF THE OWNERS PAGES 92-90 REURECORDSCF."l(INl3'COVNTY,WASHINGTON T: PIAI Of KIRKLAND COURT, VOL 191 PCS 31 12 COTENANT AND AGREE TO CONVEY ME DENEFICIAL INTEREST IN THE NEW :PLAT I RENTON NIGHT ANDS No 2 CORA PIAT, VOL.57 PGS 92--98 EASEMENT SHOWN ON THIS SHORT PLAT TO ANY AND AIL FUTURE SITUATE IM THE COVET KING,STA TEL-TJF WASHINGTON RECORDS or HIND COUNTY,WASHINGTON PURCHASERS OF TIE LOIS,OR OF ANY SUBDIVISIONS THEN-Of THIS _ CVIIENANT SHALL HIEN WITH THE LAND AS SHOWN ON THIS SHORT PEAT BASIS OF BEARINGS' .' .AQLIIFF.R PROTECTION NOTICR" :,. NEW PRIVATE; EASEMENT' FOR INGRESS, THE,BAEIS OE tEARINGS FOR MI5 MAP IS ALONG THE ,'THE LOTS CREATED HERCIN:FRLL RI/RIO LUST 1 OF RENTON:S ASTIJI 1k CENTERLINE CA'EDMONDS AYES NE ON THE.5W 1/4 OF sfc. EGRESS & UTILITIES MAINTENANCE AGREEMENT IN NINE S YMERCOF we net our hands and seals- 04-25 0.5249 M,IN ME OCT OF REN IIW,-XING COUNTY, PROJECTION AREA AND ARE SUB;lECT TU IHC REO:I:RtLEN TS UE:'M/ "1 WASHINGTON PER PLAT Or KIRKLAND COLIR T. VOL 143.PG !TTY Of REN TON ORDINANGI NO•106]ANU 45 ANEVED BY pRO1NANEt NOTE-NEW PRIVATE EXCLLNvE EASEMENT FOA INGRESS,LGRE'_5 AND J2 BEARING NO0"32'26'E:-AS SHOWN. • NO 4740 THIS.ITYS SOLE SOTRcE CJF OItINIONL.WA RIR 1$'SUPPLIED UnIT IS i0 BE CREATED UPON ME SACC CF LOTS SHOWN 0/V THIS / Y� �,/�AITX / FROM A SHA(IiTW.4-0(81-ER UNDER�ME GTY SUHIACE. !HERE 1.5 NO PI 4T THE OWNERS OF LOTS 1-J SHALL HAVE AN Wt.AND NA)URAL!FARMER BEMEEN Ort W_11,H IAHLH'AND'GROUND SUR,ACE MAINTENANCE INTEREST IN DIE OWNERSHIP AND RESPONSIBILITY EOR William rover Teresa Grover NOTES: - •• EX'TRTME CARE SIIOULBBL.EXERC75FD Nf LEN HANDLING()F ANY[IDI IIB MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES SUBSTANCE OMER THAN W.1_93.10 PROLE,'.'I FROM CONTACT TNM THE MESE APPURTENANCES AND MAINTENANCE RESP NSIBIL IDES INCLUDE FIELD MEASUREMENTS FOR THIS SURVEY • ROD/ARMED MIH A GROUND SUR:ACE IT IS DIE HOMEOW*JER'S HES•'r�hoIBILI TY 10 _ ME REPAIR AND MAINTLNANC[OF ME PRI VA IE ACCESS ROAD. I.�' 2'TOTAL STATION USING TRAVERSE vt RSE AND RADIAL$WILY PROTECT MC GTYS DRINKING WA RR,_.- -URAINAGL PIPES,AND STORM'IIACER QUALITY AND/OR DETENTION STATE OF yydS 1 METHODS MAT MEET OR EXCEED ACCURACI REOLREMENTS • FAN?IDES WHIN THIS EASE-ERNE PRIVATE SIGNAGE.AND OTHER -- CONTAINED IN WAC 032130090 INFRASWUC RRL NOT OYNED BY THE'CITY LV RCN TON OR OTHER ����,,,,,,�� • UIILITI PROVIDERS MRINIENANCF,COSTS SHALT BE SNARED EQUALLY. COUNTY OF_L.�••., _ )SS ME BOUNDARY CORNERS AND LINES DEPICTED ON MIS MAP •'.-Y 120PERTY OWNER(S)'NAME .1 ADDRESS " = FFRKINIL iM:NIL PA/NO IN ME ACCESS EASEMENT 15 PROHIBITED, I CERTIFY!IAT I KNOW Cot HAVE SATISFACTORY EVIDENCE THAI ARE PER RECORD TIRE INFORMA PON AND REPRESENT DEED UNLESS 1:A11 MINT W10IN TS CR£AIEN MAN 20 LEFT LINES ONLY THEY 110 NOT PURPORT TO SHOW OWNERSHIP COIL TEC T.RFRsr N, ' 'V�LS)I0.Yn CJ✓p VLY CYE_�fTI Vti` LINES THAT MAY OTHERWISE BE DETERMINED BY A COURT OF NKLLIAM A,TERESA GROVEK- URIV;WAY MUST 9C PAVED FNIGW 10 ANAL INSPECTIONS OF HOUSES ON j SIGNED THIS DECLARATION AND ACKNOWLEDGED If IA BE(HIS/HIR)FREE LAW P D BOY 2701 .• _- LOIS 2 5 J = RENTON, •WA 98056 AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTWNFA IN;THE - - - INSTRUMENT LOPYRIplT OF CRONES&ASSCWCJAIES LAND SJR 12"PING. oATED.�%311‘1.12-40`i'1 ' "COVENANT USE RESTRICTION: �E NFiU wI IVERTICAL DATUM: • ...., �/1 SIGNA7l1RE OF �7�, COVfN,1NT RESIIIYE TING TO USE OF EACH LOI TO ONE SINGLE EAM71 Y , gSLON•'•."Lj,11 NOTARY PUBLIC 1'v^'T`^�`�T'f' r ME EI EVAD N5 AND CONTOURS SHOWN HEREON ARE BASEDtt DETACHED STRIA.LURE IN ME CITY OF RENTON RECORDED UNDER 4':O.R -E.%,II PRINTED NAME OF"' I 21,43.11:10LILY OF REN TON NETWORK CL,I ARV.MONUMENT RECORDING Nd-ZO O_o 5 _OOA.O 51. .0 NOTARY m•; Ii -NOTARY P1)8001µ,ItFE4 TS):C/WIARK --NU 1JU0. f;•'..n11E N P fC -'' �' SET AN ONSITE IFMP(SHARY BENCHMARK TOP OF TIRE VICINITY IN 1'I l MAP 'MY APPOINTMENT EXPIRES f 13 �•!'G• NY{IRANS;FOUND ISI I-FELT SOUTH AND T)I rUT 1 LAST OF I1 „..?:.,91,/ ' IMF MONUMENT FOUND AI THE INTERSECTION OF NE 16 IH Sr - NTS - - ITT ;4 .'d INDEX AVE.NE �JJ[[�('' ;C -�= THE LOT OWNERS AND THEIR SUCCESSORS ARE 5 B..CCT TO A Sw�� --'t333..,..._..-••••t - - ELEVATIdV-10662-•EEET NA."1-9,08(WMDIN MC TVS) ;,p_`' O3 1;421-3 UECLAR4 TON OF RESTRICTIVE COVE NAN IS REGARDING ME ml Jr: PAR/JULIATION ON AND SUPPORT OF ANY CURARE 1DCAL • CONTOUR INTERNA[!2 FFEl I Na 2010 Et I I�• 1 - y: ' IMPROVEMENT DISTRICT OR CITY INITIATED PROPOSAL FOR ILA'i3V!i Vs. • Alf rt 55481 OFF-SITE IMPROVEMEN I.S HEGIIIREO BY ME RENTON {{ SUBDILESION ORDINANCE LOT AREAS'.:- i I ' SAID DEC L ARA SON OIF RESTRICTIVE COVENANTS IS RECORDED STATE OF —) ^s I Ne 171hPI2 = - IINUEII KING COUNT HEOOROING NUMBER�or�},],a__1ns7 I SS _ 101.1,' S,O11t'SG EI,014 ACRES • COUNTY OF__ _) •la 1: 3.575W SO FT,MOH ACHES \ tDii'JBIh,EI.E'S_Wt'j ,ao t I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT LOT J. 2,9711.SO FT,011/ACHES_ {FF .,I I`N TOTAL. 12,4551'.10 FT,029:AC;RES: '`.” '•: i W I I .NI IA4::GI, ,r O SIGNED THIS DECLARATION AND ACKN040 ETCED IT TO BE(HIS/HER)FRIG • GI )"3 S �.'�� V7� W • (T5 -8 F,.,.1: i -Nn 'i AND Vq UNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE SITE ADDRESSER, I' .;t { 114,1API'l' "- ' , INSTRUMENT. 9 :;'TUU-I- hez.t'- - ,), E, rI. • EOI L 2807 NE INnl STREET ` DATED._ R.ION WA 98056 , L01 2 2Bi1 NE 16TH STRICT I �T. `:.rX U+ -.; i' Ay ) .I'F� • SIGNATURE OF M.i� '- -.t }l>, 1 NOTARY PUBLIC RENTON. WA 98056 t:.1a -,`vla • PRINTED NAME OF I 0 T 3- 2010 NE 15 TN STREET •• • �,y4 ,n. %-i: RENTON IJ1,I PI RENTON, WA 98006 •7 c __ .•---,V-2ti'. NOTARY PUBLIC 9 y�5 �' _ TITLE 1211.11 44011 ii I- 3 .� _ MY APPOINTMENT EXPIRES P1. , 'A;.1015 I St I .0, )-�-� S • I TIC go,-,EJ . _ .. r'rsri. y IIgth•51.; mylye ilfr 51 - i i '� _ = .L.��n:.eP,.-—I lent _E1f - ._ .. - a • -, racz,.o _ _ RECORDING CERTIFICATE SURVEYOR'S CERTIFICATE II CRr:• 15 `� TT�T` /'- SHORT T]' �r 1' ,t FILED FOR RECORD MIS_]—}'!`DAY OF Ve^ML4� // ` i ei:°'-1,..'0.0 °' F' 4- • I'�I N S T O N `J H o R 1'"r I� ....1• 71-ES SHORT PIAI CORRECRY REPRESENTS A SURVEY MAUI BY C Q CRONES & ASSOC..)J `T S }I N ,v� • ' 2005,AT�_-sI/M. IN BOOK OF SURVEYS AT Mf OR UNDER AlY DIRECTION.IN CD FORA ASCE WIN THE / _ o(+ Ct • ' f REOUIREMCNTS OE THE SURVEY RECORDING ACT.AT THE REQUEST 1\iti }E. •• PAGE 1S1 IAT ME REQUEST OF CRONES h ASSOCIATES Or WILLIAM DROVER,IN AUGUST 2003 j r l T) ° �,gS" UWfJ Dl'. 1 DATE.•. _ JOS NU. Yom_ y''� 1;11 LAND SURVEYORS "`�, °ti.i3 Mt.as M/ .CC'S A(IGU5�. (JOJ GkOtB-6A=SP.UWG MANAGER OF REG�AND/]viIrLE�O�R�U/Vyl � (' JAMES 0 CRONES �.(�n'/�,,",',�.`''a(/Ci4'G'X26-� ✓ f W, V ___ .-: F'-*/YiGP�.(f.''- L.S 2953] U _- '_ Ave_a II�� a/1):n. It —_-�-__- l'� I.HKfI HI STTEE(. • ueos reom Kent wa,n,,,yl�e sea°z taz•.I srorsvao 0 _ SW CA__-___(_ _ � � 1 oE2 ....t CITY'OF RENTON CITY OF REN TON LAND USE ACTION NO. L U,4-04-006, SHPL RECORDING NO, VOL/PAGE CITY OF RENTON LAND RECORD NO. LND-20-0.366 .200.5o 3 a3 400008 /b v /.5-..f. ' • THAT PORTION OF NW 1/4, SW 1/4, SECTION 04, TOWNSHIP 23 NORTH, RANGE 05 EAST• W.M. •��\ LECNND' • ' 4 R.J69 30• L=21 J J4 ..,•••• Gi T„J FOUND SFC 000 CORNER MONUMENT.AS SHORN T 'W I/I CORNER OF SEC 04-2J-Qi L-49 al'--.m D-J f 15'06 1 }( CITY OF NENTON•LLWTROL -•• D=7'44.54 MONUMENT,369 PER PLAT OF \ -�R=116a JO -*-----___,,f'.t KIRKLAND LOURT M'.%OL 793.PGS. A.,.,!`„,,,,., 9 JI ,� To,i FOUND I/4 CORNER MONUMENT AS SHOWN • \S I- ``•• �J T6 � \ .. f FOUND IIONUM£NT,AS S)IOWN -• _:::t �s,�Y',� 2�5 T \ LOT 3 LOT /,7•:<6..-",..<7 8— ���64 £ CENTERLINE ..16` IJ.7 (C) INDICA IES CALCULATED VALUE FOVND J"RRA$$DISk M4PIUMENi,(W5i£D. ,`��f./ AUGUST,1003 CITY OK.RENTON - .•• rr / / ___---- (PI) INDICATES VALUE OF RECORD PER PLAT OF KRTICAL/NONIZONTAL CONTROL MONUMENT ' �-../ KIHKLAND COURT. VOL 193.PG.32 /1300• •E `S. ;PUBLIC USE AREA -..."''':.:. • ....\\„.j„5, I (P2) INDICATES VALUE OF RECORD PER PLAT OF R �j j(P7).'' . � REN TON HIGHLANDS NO 1 CORRECTION FLAT 46 • `� 2 VOL.57,PUS 92-98 /�' tel RENTON HIGHLANDS q z NO.2 CORRECTION• v� GRAPHIC SCALE ch o PLAT -,°' 20 i2 \I z' • VOL.57,P•GS.92-98:. iw =�=--__'o Os26 r-11.4. E _ •__T•,,,,,.°DO 5 Q .N S 1_N8928'S1'K{P1) __ ) = 537e'LP2) - - ( IN FEET _ .�-1-)nch = 100 ft w G\� — NG` 1617T' ti�T ; ted —E- - w 91 ,_ _ z,w \ F - � ` rn. .-. l.: 1. ml �' • • BENCHMARK o• l �� •_ >_ �ELfV10662 FEET Rli7)�� l } \ _ _ ---- D '00 UO I`f "VW w J \ / �2,o. IL NL'E 15 0.3•F. _ i I ..ER F`RJf'.LINE .. / 260 NE 16 T11 S+ EXISTING BUILDING / FENCE IS 01'W �- h(hJR•RlNT - OF PRIW UNEP. 7475 S SW CORNER SEC.D.-zJ-as LEGEND..` - o FT; I CITY OF RENTON CONTROL --,60' I h' MONUMENT/57 PER PLAT OF ,•. MONUMENT,AS SF/OMN TJ 4 KlRKLAND COURT IN VOL 794 PGS _ 1,OT 1 Z J KI 32 :7042ND SECTION CORNER MONUMENT AS SHOO, .5 r .9111 GO FT •-•-7 9`' 8 9 • - O 14 ACRES "I A • SET 5/8 REUAR AND CAF'L 5;.29577.: • 58a' 4E Ii nn FIRE HI"UPANT:S(LIE,50•T - l / € CENTERLNE . -- -1 O 1.011' R/W RIG/T OF WAY �_' RE IePEI 521:1-] / e. 'q - 1,0T 2 ^• m. s,577 3rSO.F • / a4-. GRAPHIC SCALE\ .. • ; ^ '�` _i _\ • 911 Z . \ 1 01 �j - 1 inch 20 ffi ........•••--, 2,y/r1 Sp FT _ Widal_ _J \ 007 Ai'RES r RE t8Tl1 ST / 'Q — D,D. �. I STO H PI C 4 ' CRONES & ASSOC. ' • ; • May 11, 2006 Neil Watts City of Renton Dear Mr. Watts, I am the owner of properties located at 2807, 2811 and 2813 NE 16th St. in Renton. The last two house numbers are vacant lots subdivided under the short plat#LUA04-006 (Winston Short Plat) last year. My properties are located in the Highlands moratorium area. When the moratorium was originally put in place, I spoke with Rebecca Lind who assured me my properties would be "grandfathered in" for single-family, detached homes. The reason for my letter is to confirm with you, in writing, that the properties are excluded from the moratorium and that single-family, detached home building permits can be immediately issued under the zoning and rules in place when the short plat was approved. I plan to either sell the properties or build them myself. I know of another, similar property in the area, owned by a Mr. Kumar that just received building permits last month. Watching the city council meeting of May 8, 2006 where Rebecca Lind defined"vested properties" in detail, it seems my property also should be vested. Please call with any questions and your prompt response will be appreciated. Sin.-r� 4 Bill �•...; PO Box 2701 Renton, WA 98056 (..Y CITE OFFN'I,ON s PlanningBuilding/PublicWorks Department ta. ,:.. Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator June 21, 2006 Bill Grover PO Box 2701 Renton, WA 98056 Dear Mr. Grover: Subject: Building Moratorium Impacts/Resolution#3805 I am writing in response to your letter of May 11, 2006, requesting a determination of the impact of the Highlands building moratorium on your ability to construct new single family homes. You specifically inquired on how the impacts affect recently platted properties at 2807, 2811, and 2813 NE 16th Street in Renton. In order to accurately respond to your inquiry, we requested that our City Attorney analyze the moratorium as it relates to your proposal. After review of the moratorium and the information you provided, the City Attorney determined that your short subdivsion would be subject to the restrictions of the moratorium and the Development Services Division would not legally be able to issue building permits for new homes until the moratorium is rescinded or expires. I apologize for the delay in responding to you, but I wanted to ensure that our response to you was legally correct and definite. If you have additional questions, please feel free to contact Jennifer Henning, Current Planning Manager, at (425) 430-7286. Sincerely, _aisirf 'en/It- :=61, Neii( Va-ti Neil Watts, Director Development Services Division cc: Jennifer Henning, Current Planning Manager Rebecca Lind,Principal Planner Larry Warren,City Attorney Development Services Division File 1055 South Grady Way-Renton, Washington 98055 E lel T O lel n AHEAD OF THE CURVE f This paper contains 50%recycled material,30%post consumer PEAL_ISTCOM A SERVICE FROM REAL ESTATE SOLUTIONS"' ,h r-il . ll*. Property Details For Property Located At 1504 Index Ave NE Renton, WA 98056-3120 Renton - King County Owner Info: Owner Name: A& D Quality Construction Recording Date: 06/09/2006 Tax Billing Address: 220 SW Sunset Blvd Apt Annual Tax: $1,110 E202 Tax Billing City&State: Renton,WA County Use Code: Vacant(Multi-Family) Tax Billing Zip: 98057 Universal Land Use: Multi Family Lot Tax Billing Zip+4: 2320 Location Info: School District: 403 Street Type: 4 Subdivision: Renton Highlands 02 Map#: 626-F6 Corr Census Tract: 252.00 Neighborhood Code: 064004 Carrier Route: C063 Range/Township/Section/Quarter:05-23-04-SW Zoning: R10 Tax Info: Tax ID: 722780-1740 Land Assessment: $92,000 Parcel ID: 7227801740 Total Assessment: $92,000 Tax Year: 2006 Legal Description: 34 46 Renton Highlands# 2.Correct Plat Lot 1 Of i 0 i- j , Kenton Sfirrt PTaf_______,1 04 j q ci a t: 1:6- • 1 1, _ #20050719900014 d Sp_,-- _ : ( t'' i,' `�C. Being Lot 34 Blk 46 Of Plat 7/19 /O -- Annual Tax: $1,110 Lot Number: 1 Assessment Year: 2005 Block ID: 46 Characteristics: Lot Acres: .1012 Sewer: Public Service Lot Sq Ft: 4410 Zoning: R10 Water: Public _ast Market Sale: Recording Date: 06/09/2006 Deed Type: Warranty Deed Settle Date: 06/07/2006 Owner Name: A& D Quality Construction Sale Price: $130,000 Seller: Kumar Subhashni D Auditor No: 200606092201 ;ales History: Recording Date: 06/09/2006 02/19/2003 07/31/2002 06/27/1997 Sale Price: $130,000 $170,000 $120,000 Nominal: Y Buyer Name: A • Quality Kumar Subhashni D Kumar Bimal& Kossman Anthony •• tion Subhashni J&Theresa H Seller Name: Kumar S bhashni D Kumar Bimal Kossman Anthony J Jones Darrell A& &Theresa H Christina E Document No: 200606092201 200302193238 200207313513 199706271195 Auditor No: Warranty Deed Quit Claim Deed Warranty Deed Warranty Deed • CITY OF RENTON =` Combination Permit Permit Number: CPO6047 Permission is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinances of the City of Renton. Nature of Work: NEW SINGLE FAMILY RESIDENCE COMBINATION PERMIT Job Address: 'N 1500 INDEX AVE NE Owner: KUMAR SUBHASHNI B 2102 NE 23RD ST RENTON WA 98056 Tenant: KUMAR SHPL, LOT 143 Contractor: A & D QUALITY CONST CO LLC Contractor License ADQUACC016CK 220 SW SUNSET BLVD STE E202 Contractor Phone 425-271-7751 RENTON,WA City License 3728 98055 Const Lender: O 13t-famatiefi-: (Date of Issue 04/24/2006 ..,.) UBC Type of Construction VB Date of Expiration 04/OT/2007 Building Height 0 Construction Value 240,643.14 Story Count 0 Parcel Number 7227801742 Building Sq. Ft. 3732 Dwelling Count 1 Occupancy Group R3 I hereby certify that no work is to be done except Subject to compliance with the Ordinances of the as described above and in approved plans, and that City of Renton and information filed herewith work is to conform to Renton codes and permit is granted. ordinances. Applicant X Zaft,tey716446;49 Building Official BD3214a 12/00 bh • CITY OF RENTON =` Combination Permit Permit Number: CP06134 Permission is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinances of the City of Renton. Nature of Work: NEW SINGLE FAMILY RESIDENCE COMBINATION PERMIT Job Address: ( 1502 INDEX AVE NE s Owner: KUMAR SUBHASHNI B 2102 NE 23RD ST RENTON WA 98056 Tenant: KUMAR SHPL,LOT#2 Contractor: A & D QUALITY CONST CO LLC Contractor License ADQUACC016CK 220 SW SUNSET BLVD STE E202 Contractor Phone 425-271-7751 RENTON,WA City License 3728 98055 Const Lender: catlitikfor Date of Issue 04/24/2006 UBC Type of Construction VB Date of Expiration 04/09/2007 Building Height 0 Construction Value 240,643.14 Story Count 0 Parcel Number 7227801741 Building Sq. Ft. 3732 Dwelling Count 1 Occupancy Group 7 I hereby certify that no work is to be done except Subject to compliance with the Ordinances of the as described above and in approved plans,and that City of Renton and information filed herewith work is to conform to Renton codes and permit is granted. ordinances. Applicant X 4evvey %71, Building Official BD3214a 12/00 bh • c. 0 CITY OF RENTON =` Combination Permit Permit Number: CP06135 Permission is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinances of the City of Renton. Nature of Work: NEW SINGLE FAMILY RESIDENCE COMBINATION PERMIT Job Address:( 1504 INDEX AVE NE Owner: KUMAR SUBHASHNI B 2102 NE 23RD ST RENTON WA 98056 Tenant: KUMAR SHPL,LOT#1 Contractor: A & D QUALITY CONST CO LLC Contractor License ADQUACC016CK 220 SW SUNSET BLVD STE E202 Contractor Phone 425-271-7751 RENTON,WA City License 3728 98055 Const Lender: Other Inf•you. •••• Date of Issue 04/24/2006) UBC Type of Construction VB Date of Expiration71 11/2007 Building Height 0 Construction Value 240,643.14 Story Count 0 Parcel Number 7227801740 Building Sq.Ft. 3732 Dwelling Count Occupancy Group R3 I hereby certify that no work is to be done except Subject to compliance with the Ordinances of the as described above and in approved plans,and that City of Renton and information filed herewith work is to conform to Renton codes and permit is granted. ordinances. Applicant X �A Nedieg Building Official BD3214a 12/00 bh C.) 0,t\ ADMINISTRATIVE, JUDICIAL, AND c LEGAL SERVICES DEPARTMENT • MEMORANDUM• DATE: November 13, 2006 TO: Randy Corman, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: GENERAL INFORMATION For the 12th consecutive year, employees from the City of Renton and members of the Rotary Club of Renton have volunteered to serve Thanksgiving Dinner to local senior citizens. The Renton Senior Activity Center, located at 211 Burnett Avenue North, will be open on Thanksgiving Day, Thursday, November 23rd, from 10:00 a.m. to 2:00 p.m., for senior citizens to enjoy a day of social and recreational activities. A free holiday meal, sponsored by the Rotary Club of Renton, will be served at 11:45 a.m. Guests must pick up a free ticket prior to Tuesday, November 21st, for their meal reservation and transportation request. This annual event draws over 250 seniors. Members of the Rotary Club of Renton and City of Renton employees provide nearly 75 volunteers to help cook, serve, clean, and staff recreational activities. For further information, please contact the Renton Senior Activity Center at 425-430-6633. COMMUNITY SERVICES DEPARTMENT • Shoppers, make Renton Community Center your first stop for those special holiday buys at the Hassle Free Holiday Bazaar. Over 100 vendors will offer a wide variety of hand crafted items just in time for your holiday decorating. Shop 11:00 a.m. to 7:00 p.m. on Friday, November 17th, and 9:00 a.m. to 5:00 p.m. on Saturday, November 18th. Food and refreshments will also be available. Call Shirley Anderson at 425.430.6700 for more information. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • The City of Renton recently experienced close to a 100-year, 24-hour precipitation event, with 3.81 inches of rain falling between 6:00 p.m. November 5th and 6:00 p.m. November 6th. The 100- year, 24-hour storm event threshold for this area is 3.9 inches. On November 7th, the Cedar River reached Flood Phase 4 with a maximum flow through Renton of 6,090 cubic feet per second at 9:00 p.m., and the Green River reached a Flood Phase 4 with a maximum flow of 12,220 cubic feet per second at the Auburn Flow Gauge at 4:45 p.m. Renton did not experience significant flooding from the rivers, but City crews distributed throughout the city for quick service did respond to some local flooding events. The localized flooding did not result in many full road closures. The Hardie Avenue Railroad underpass was closed because of two to four feet of floodwater. A one- to two-foot deep puddle across Ripley Lane resulted in the City removing bollards from the Ripley Lane Bike Trail to allow residents to use the trail to access their homes. The intersection of 4th and Monroe (road to the City Maintenance Shops) was flooded and closed for a period of time. Other areas of local flooding are summarized in a report that will be issued to the City Council. In many cases, fallen leaves contributed to local road flooding. While Renton experienced these and other local flooding events, overall the City fared well and did not suffer significant damage. CITY OF RENTON COUNCIL AGENDA BILL AI#. I Submitting Data: For Agenda of: November 13, 2006 Dept/Div/Board.. Community Services Staff Contact Jerry Rerecich,X6615 Agenda Status Consent X Subject: Public Hearing.. Authorization to sign 2006 Holiday Lights Contract with Sun Lighting, Inc. Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Contract Information Recommended Action: Approvals: Council Concur Legal Dept XX Finance Dept Other Fiscal Impact: Expenditure Required... $62,778.43 (tax included) Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $62,778.43 (tax included) City Share Total Project SUMMARY OF ACTION: The 2006 Holiday Lights Program would be funded by$37,860 unanticipated Ivar's revenue; $11,000 from Ivar's Community Projects fund; and the balance from the Recreation Division's Self-sustaining Account. STAFF RECOMMENDATION: Approve a contract with Sun Lighting in the amount of$62,778.43 (tax included) for the 2006 Holiday Lighting Program and authorize the Mayor and City Clerk to sign the agreement. Rentonnet/agnbill/ bh ( Y 0 �� COMMUNITY SERVICES DEPARTMENT low ` .� ` MEMORANDUM DATE: November 13, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Ma or FROM: Terry Higashiyamommunity Services Administrator STAFF CONTACT: Jerry Rereci ,"ecreation Director, Ext. 6615 SUBJECT: 2006 Holiday Lights Program ISSUE: Should the Council authorize signing the contract with Sun Lighting, Inc., in the amount of$62,778.43 (tax included) for the 2006 Holiday Lights Program? BACKGROUND: The original Holiday Lights Program began as, "Clam Lights" at Gene Coulon Memorial 'Igoe Beach Park. After several successful years, Piazza Park and Renton City Hall were added to the program. The program is now in its thirteenth year. There are sufficient funds within the 2006 Recreation Division budget to cover the cost of this contract. STAFF RECOMMENDATION: Approve a contract with Sun Lighting, Inc., in the amount of$62,778.43 (tax included) for the 2006 Holiday Lighting Program and authorize the Mayor and City Clerk to sign the agreement. C: Jay Covington,Chief Administrative Officer Mike Bailey,Finance/IS Administrator h:\jerry 06\holiday lighting issue paper 2006.doc szim City Of Renton Community Services Department • E �� P d` s (E"a.. �. . . �,r;s,,t„ �;�, .,_. a€.v"k. 4`f'. _.`l+' �':_�Fa-w : 3 ' THIS AGREEMENT is made as of the day of , 2006, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Sun Lighting, hereinafter referred to as "CONTRACTOR," to supply and install holiday lighting at Gene Coulon Memorial Beach Park (1201 Lake Washington Blvd. North, Renton, WA); Piazza Park (233 Burnett Ave. South); and Renton City Hall (1055 South Grady Way, Renton, WA). The City and Contractor agree as set forth below: 1. Scope of Services. The Contractor will provide all material and labor necessary to perform all work described in Attachment B, which is attached hereto and incorporated by reference as if fully set forth. 2. Changes in Scope of Services. The City, without invalidating the Contract, may order changes in the Services consisting of additions, deletions or modifications, the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Change Order signed by the City and the Contractor. I:Ueny\2006 Holiday lights contract.doc • City of Renton Contract Agreement Page 2 of 4 `'"'' 3. Time of Performance. The Contractor shall commence performance of the Contract no later than November 18, 2006 and shall complete the full performance of the contract no later than 3:00 PM, December 1, 2006. For each and every calendar day of delay after the established day of Completion, it is hereby stipulated and agreed that the damages to the City occasioned by said delay will be the sum of Five Hundred Dollars and no cents ($500.00), per calendar day, as liquidated damages (and not as a penalty)for each such day, which shall be paid by the Contractor to the City. 4. Contract Sum. The total amount of this contract is the sum of Sixty Two Thousand, Seven Hundred Seventy Eight dollars and Forty-Three cents ' ($62,778.43),in ludWashington State Sales Tax. 5. Method of Payment. Payment by the City for the Services will only be made after the Services have been performed and a voucher or invoice is Nally submitted in the form specified by the City. Payment will be made thirty (30) days after receipt of such voucher or invoice. In the event that the City is late in payment, a twelve percent (12%) per year service charge will be added to the net amount. The City shall have the right to withhold payment to the Contractor for any work not completed in a satisfactory manner until such time as the Contractor modifies such work so that the same is satisfactory. 6. Warranty. The Contractor shall be under the duty to remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within the period of 28 days from the date of final acceptance of the work, unless a longer period is specified. Now i:Werry\2006 Holiday lights contract.doc City of Renton Contract Agreement Page 3 of 4 7. Assignment and Subcontract. The Contractor shall not assign or .40100 subcontract any portion of this Contract without express written consent of the City of Renton. 8. Record Keeping and Reporting. The Contractor shall maintain accounts and records which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Contractor agrees to provide access to any records required by the City. 9. Hold Harmless. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses of liability, or any portion thereof, including attorneys' fees and costs, arising from property damage or from injury or death to persons including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of Contractor. The Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW, which waiver has been mutually negotiated. 10. Insurance. The Contractor shall secure and maintain in force throughout the duration of this Contract commercial general liability insurance. A Certificate of Insurance evidencing the Contractor's insurance coverage shall be delivered to the City before executing the Work of this Agreement. City of Renton insurance requirements are listed in Attachment C. 11. Compliance with Laws. The Contractor and all of the Contractor's employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. I:1Jerry12006 Holiday lights contract.doc City of Renton Contract Agreement Page 4 of 4 Noble 12. Discrimination Prohibited. The Contractor shall comply with the Fair Practices and Non-Discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. The Contractor shall complete the "Affidavit of Compliance" included in this Agreement as Attachment A. 13. City of Renton Business License. Prior to signing a contract, the Contractor agrees to purchase a City of Renton Business License and maintain the license in full force and effect throughout the work of the project. License may be purchased from the City Clerk located in the City of Renton Municipal Building, 1055 S. Grady Way, Renton, WA. This Agreement is entered into as of the day and year written above. CONTRACTOR CITY OF RENTON Signature Signature Printed Name and Title Printed Name and Title Business Name Mailing Address City State Zip Telephone (:\Jerry\2006 Holiday lights contract.doc CITY OF RENTON COUNCIL AGENDA BILL // AI#: 4 y_ Submitting Data: For Agenda of: November 13, 2006 Dept/Div/Board.. Economic Development Neighborhoods and Strategic Planning Staff Contact Rebecca Lind Agenda Status Consent X Subject: Public Hearing.. 2007 Comprehensive Plan pre-applications and Correspondence.. Requests Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Applications Information Recommended Action: Approvals: Refer to the Planning and Development Committee Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Nor Total Project Budget City Share Total Project SUMMARY OF ACTION: The City received two private pre-application requests for the 2007 Comprehensive Plan review cycle. 2007-Pre-01 Alan Kunovsky Map Amendment to change Residential Medium Density to Neighborhood Commercial zoning at 326 Park Avenue North. The property owner seeks to convert a single-family residence into a small professional office. #2006-Pre-02 O'Farrell Properties, LLC Map Amendment to change Residential Medium Density to Commercial Arterial zoning at 188 Hardie Avenue Southwest. The property owner owns four parcels between Rainier Avenue South and Hardie Avenue South, three are zoned Commercial Arterial one is zoned Residential Medium Density. The request seeks one zoning designation, Commercial Arterial, for all four of the parcels. The Planning and Development Committee will review these two pre-applications and make findings to refer to the Planning Commission if appropriate. STAFF RECOMMENDATION: Refer the 2007 pre-application requests to the Planning and Development Committee H:\EDNSP\Comp Plan\Amendments\2007\Map Amendments 2007\Agenda Bill 2007 Comp Plan Amendments.doc ECONOMIC DEVELOPMENT, U A NEIGHBORHOODS, AND STRATEGIC • b ` PLANNING DEPARTMENT MEMORANDUM DATE: November 13, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: .3-p Kathy Keolker, Mayor FROM: Alex Pietsch, Administrator STAFF CONTACT: Rebecca Lind, ext. 6588 SUBJECT: 2007 Comprehensive Plan Amendment Pre-Application ISSUE: Should the City Council initiate the 2007 annual Comprehensive Plan Pre-Application amendment review process? RECOMMENDATION: Refer the following amendments package to the Planning and Development Committee: 1. Pre-application 2007-Pre-01: Alan Kunovsky, 326 Park Avenue North. Request for a Land Use Map amendment from Residential Medium Density (Residential-10 Zoning) to Commercial Neighborhood (Commercial Neighborhood Zoning). 2. Pre-application 2007-Pre-02: O'Farrell Properties LLC, 188 Hardie Avenue Southwest. Request for a Land Use Map amendment from Residential Medium Density (Residential-10 Zoning) to Commercial Arterial. BACKGROUND SUMMARY: The Growth Management Act limits processing of Comprehensive Plan amendments to an annual review cycle. The Renton Municipal Code allows a Pre-Application process prior to filing a complete application by December 15th for consideration in the annual cycle. The purpose of the pre-application review is to provide a policy screening of applications by the Planning and Development Committee prior to filing and payment of fees. Criteria in the Renton Municipal Code are used to screen applications and provide property owners policy direction. Now h:\ednsp\comp plan\amendments\2007\map amendments 2007\referral issue paper pre-applications.doc November 13,2006 Page 2 of 2 The Council reviews whether proposed amendments are timely and satisfy one of the following review criteria: 1. The request supports the vision embodied in the Comprehensive Plan, 2. The request supports adopted Business Plan goals, 3. The request eliminates conflicts with existing policies, and 4. The request amends the Comprehensive Plan to accommodate new policy directives of the Council. The two applications received this year and project justifications are attached for Council review. A separate issue paper and analysis of how each proposal complies with review criteria will be prepared for Planning and Development Committee review. cc:Jay Covington ved h:\ednsp\comp plan\amendments\2007\map amendments 2007\referral issue paper pre-applications.doc Alan M. Kunovsky • 8441 SE 68th#221. Mercer Island,WA 98040,1 t Phone (206)230-0706 Fax (206)232-9507 Email akunovsky@comcast.net E P 2 8 2006 L 25 September 2006. City Of Renton EDNSP-6th Floor 1055 South Grady Way Renton, WA 98055 Reference: 326 Park Avenue North Rezone Attention: Rebecca Lind Dear Ms. Lind, I am the owner of a residential home located at 326 Park Avenue North("Property"). This letter is in support of a request for a preliminary review of an application to change the zoning for the Property from `Residential Medium Density' to `Commercial Neighborhood'. The Propertyis currently utilized as a two-bedroom single-family residence. If approved, I would like to change the Property from a residence home to a small professional office. The scope of this project would involve minor structural and property changes. The kitchen would be gutted and replaced by an office. The existing laundry room would be converted into a small office kitchen. All wiring and plumbing would be updated to meet modem code for use as an office. Converting the large lawn in the back of the residence into a parking area would provide adequate onsite parking. Please contact me if you have need of any additional information. x. Sincerely, i k. '- A an K novsky \ V ...4 > t 4 ! _ T - = , I 1 ....... "Il' ''''''.:4,5*IA'' ! ., , :; 3n 3 # �*i oral! LI MI amp, -•::-inwri-:-:41c... ,, UM NM 11111111 SW i ' W.---...-:;.:wpro--- 7. 1. , i tem.. at= 1-.„.„ . „:, 41. :a4i,,..„:„, � � an ira ,r - �'_ / ��-M rr11i ` . �� _-;' li*:; 1 10011111111M-01p1 t mow F2 -' - /1-1 'Air � lillrii r a. nom ow 11111111011 IN MIA Hallalliallil II lq grail Mt t Eli NMI IIIIIIII 61 ( - Ei __________ MARY J. URBACK PLLC ATTORNEY AT LAW TELEPHONE: 12417 12TH STREET EAST FACSIMILE: 41111+ (253)826-9504 EIx;Ewoon,WASHINGTON 98372-1454 (253)863-0225 E-MAIL: murback@earthlink.net October 2,2006 VIA EMAIL AND FACSIMILE VIA OVERNIGHT DELIVERY Rebecca Lind Planning Manager Economic Development,Neighborhood and Strategic Planning Department City of Renton 1055 South Grady Way Renton, WA 98055 Re: O'Farrell Properties LLC—Properties between Nosy Rainier Avenue and Hardie Avenue: Pre-Application Application Requested Change to Comprehensive Plan Land Use Designation Dear Ms. Lind: As I indicated in our telephone conference, I represent O'Farrell Properties LLC ("O'Farrell Properties"), the owners of four(4)parcels of land between Rainier Avenue South and Hardie Avenue South and Southwest Victoria Street. The four parcels Assessor Parcel Numbers are: 1823059011, 1823059082, 1823059161, and 1823059122. In accordance with our telephone conference today,this letter constitutes a Pre-Application Application consistent with the City's Timeline Submittals. Three of these parcels (Parcel Nos. 1823059011, 1823059082, and 1823059161) are currently designated Commercial Arterial under the City's Land Use Plan. The fourth parcel on Hardie Avenue is zoned Residential (R-10). The O'Farrell Properties have employed Johnson Braund Design Group to prepare a conceptual map of a Mixed Use Commercial (15,500 square of commercial space with 33 below-grade parking stalls) and Residential Development (approximately 31 units). In this regard, attached is a Conceptual Site Map. In addition, O'Farrell Properties commissioned New Home Trends to prepare a Market Analysis for the proposed project. (By separate cover, the New Home Trends Analysis will be Rebecca Lind Planning Manager October 2,2006 Page 2 forwarded to you.) New Home Trends Market Analysis determined that there was an increased demand for residential units of the product-type proposed in the development. In order to maximize the residential component of the proposed development, New Home Trends is strongly recommending that Parcel No. 1823059122 be rezoned to Commercial Arterial. Accordingly, the purpose of this letter is submittal of a Pre-Application Application to request a change in the Land Use Designation from Residential to Commercial with Commercial Arterial Zoning as is currently designated on the adjoining parcels of land and as is currently designated on surrounding land and is consistent with the adjoining Rainier Avenue Corridor planning goals. We will be forwarding under separate cover the New Home Trends Analysis together with analysis under the City's criteria for the requested change of the land use designation for Parcel No. 1823059122. In addition, it is our understanding that you will be contacting me to schedule a meeting to discuss Staff's initial review of the Pre-Application materials and thoughts Staff may have regarding moving forward with submittal of a formal Application for a Designation Change to the Comprehensive Land Use Map. Thank you for discussing with me and I look forward to further communications with you. Very truly yours, MARY J. URBACK PLLC //1 ' MARY J. ' :ACK MJUsm MJU\O'Farrell etties\Renton\LtrLind 10-02.06 Enclosures cc: Gregory S. O'Farrell, O'Farrell Properties LLC(w/out enclosures) ... ... .. r— — . - - ----ns 'ET ,.. „.. ,„.,,,.. ,, it,,,t-7 --' - -,I : i '. ' '''' ,,,,.,- II :•.-5 crs i 1--- - -1 I . ; l,,lit': .';',.: -;'144,1i. f ,C, 1----1- -1 i ' -, ' , - i 71 - 1 A'?.: ',‘I'''',:i''''41':F14.3.-- l'; '''*‘ -,-'— „ I , .tTfr.F ''A ''i , .. 1 ' , 44,!,,,:7.,':141<'".- , *,, ., i',',' 4,'. ,,,..„ :, ,t,,,,:i..4, ',.,, '—' ,, oil'`'-:.,,:;,..2,.- :,:i, k---. ,ow-itii,r. 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' ..161 ' • 1 1 ,. .• ,11 , ', , ' , 3, • , •4.,t''7,,,... ,,11': 1 c...-;,, ii.0 ,,.,b:,,,,,:,,,,,... 4' ''';',.,.., , .7.'itve-,,,:::..4,,,:z: • _ 1 13- "- ,- ,, .- ,''‘7 , •.-:'1 •' ' I., . 1 • - '--''--- --- [ -.1 -71 * I I ,. _ , 1 , I _ILL - L:•;1,.. • t , I k--:341 ' ____ t • _ • --,-..' •1"-' -+' . Js• .. - .---I j I 7, 1 ,4Lit..j i r-1%, I 1,,I itl_q ,.... l • t _____), ; I • 1 --*---' j"- ---- --‘---' 1 ---i--- I I :: .'til-...-, I --- +1 . ------..— -1 I 4'i•-• .'' '4,' . _- , ,_ I c...,4..,..i. -) . . I ,... ...r. 1 1 ,t 01.,,p,- '-' -... - •,_ , . . , — 1.•'.- i. ,. , • r..:,..44 ..• •. , t • ''' , ... ,•-.„"---:-..---., ,....• • t , • I .. 1 ..• I I 4... , f''.... ^1 . .- • 1.,-)•.11117., __---r ,, ... „ /• , ,' ' ...r`-^',... 1 -1 .1,4:- ..• . ... • .• . • . ,..., . , , 41' " - ''4-'3:-3.. • --1.3.1.: : ''''''''.3-1'"." .4.11,„, . . ': ,___,- ..1.-.- --- 7,- r--1.....:_-A--......._ L,...7 — ... /_ fr, 00 '*,-,,,,,.„.__ ---,..., d „.. '',' -:-. 1-•',0',,-.04/Atii—.... / - ..__ i .—I I 1 -,, • ...• , - ' Ii i I '.. i I 1 • .., , I ; -I / I / I F_____,- 1—• I%CP i .. l ..s., .., ) ' CITY OF RENTON COUNCIL AGENDA BILL 1 AI#: 4 . d. 1 1416001 Submitting Data: For Agenda of: November 13, 2006 Dept/Div/Board.. Economic Development Neighborhoods and Strategic Planning Staff Contact Rebecca Lind(ext. 6588) Agenda Status Consent X Subject: Public Hearing.. Extension of Sewer Moratorium for Sewer Service to Correspondence.. New Subdivisions Outside City Limits on the East Ordinance Renton Plateau Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Resolution Information Recommended Action: Approvals: Set a public hearing on the extension of the sewer Legal Dept..X... moratorium for November 27, 2006 Finance Dept Other I Fiscal Impact: literExpenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: In June 2005, the City Council established a moratorium on sewer availabilities for new subdivisions on the East Renton Plateau. At the time, the Council stipulated that if the citizen group, CARE,presented a formal submittal and set a date for an election for annexation, then the moratorium would be extended until the outcome of the election is determined. The moratorium was extended twice to accommodate this process. The present moratorium expires December 5, 2006. The required election petition was presented to the City earlier this year, and King County Division of Records,Elections and Licensing has set February 8, 2006 for an election on this issue. An additional six-month extension will allow the public to vote on the annexation issue prior to further vesting of additional out of city sewer service permits in the East Renton area. STAFF RECOMMENDATION: Extension of the moratorium for an additional six months. kilse Rentonnet/agnbill/ bh Vy ECONOMIC DEVELOPMENT, NewUti�; �� NEIGHBORHOODS, AND STRATEGIC ' ' PLANNING DEPARTMENT MEMORANDUM DATE: November 8, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: ..1- Kathy Keolker, Mayor FROM: 4e4 Alex Pietsch, Administrator STAFF CONTACT: Rebecca Lind, Planning Manager(ext. 6588) SUBJECT: Extension of Sewer Moratorium for Sewer Service to New Subdivisions Outside City Limits on the East Renton Plateau ISSUE: Should the City approve an extension of the existing moratorium on sewer availabilities "' for new subdivisions on the East Renton Plateau for an additional six months? RECOMMENDATION: • Extend the current moratorium on sewer availability for new subdivision requests on the Plateau until the February 2007 election on the proposed POPA annexation, and • If annexation is approved by the voters, extend the current moratorium until the effective date of the annexation. BACKGROUND SUMMARY: In June 2006, in response to a citizen group, CARE, Council passed Resolution 3812 extending a six-month moratorium on sewer availabilities for new subdivisions within the East Renton Plateau Potential Annexation Area. Staff is supporting the additional extension of this moratorium because the issues creating the need for this action are not yet resolved. The moratorium was originally put in place to allow consideration of a proposed annexation petition for the East Renton Plateau prior to vesting developable properties under County development standards. The present moratorium expires December 5, 2006. h:\ednsp\paa\annexations\east renton plateau paa\sewer moratorium extension issue paper11-8-06amended.doc Randy Corman,Council President Page 2 of 2 November 8,2006 The original impetus for the moratorium was based on CARE's preference that development meet all of Renton's development standards including lot setbacks, lot , om width, lot depths, and landscape standards. They believe that the adopted Renton standards best meet their view of preserving the distinct character of their community. CARE is concerned that if the larger parcels of land vest under the lesser standards, then Renton will not be able to effectively implement the new land use policy, adopted by Council in 2004, upon annexation. The CARE leadership also believes that allowing development to occur under King County standards will cause a perception that Renton is not following through on the R-4 zoning. They feel this perception could result in an anti-Renton backlash. These original concerns continue to be voiced by the citizen group leading the annexation effort. Extension of the moratorium will continue the present City position of allowing the election outcome to determine whether the City or County standards will guide development within this community. It is recommended that the moratorium be extended with the understanding that: 1) If the election fails, then the moratorium automatically expires or is repealed and King County development standards combined with Renton land use standards as stipulated in RMC 4-8-0040C 1 will be used to vest subdivisions with out-of-city sewer requests. 2) If the election passes, then the moratorium will be extended through the time Renton either formally annexes the area or successfully negotiates an interlocal rrr agreement with King County to allow review of subdivision using Renton development standards. However, an additional public hearing and resolution would be required to extend it beyond six months. 3) The area of the moratorium shall continue to cover the entire East Renton Potential Annexation Area, generally defined as that portion of the service area east of the current city limits bounded by the Plat of White Fence Ranch and the urban growth boundary to the north, Plat of Maplewood Heights and the City limits to the west, and the urban growth boundary to the south and east. CONCLUSION: One of the primary goals for establishing the current code for sewer service outside the city limits was to provide for a long-term vehicle for approaching annexation on the Plateau. Staff continues to believe that this goal will be better achieved by allowing CARE to proceed with its annexation proposal and by providing an additional six-month window of no new sewer availabilities for new subdivisions. By continuing to give this group all the tools possible to work with the property owners in this area, the potential for success is enhanced. cc: Gregg Zimmerman,PBPW Administrator Lys Hornsby,Utility Systems Director Dave Christensen,Utility Engineering Supervisor h:\ednsp\paa\annexations\east renton plateau paa\sewer moratorium extension issue paperl 1-8-06amended.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING FACTS, EXTENDING A MORATORIUM ON SEWER AVAILABILITY FOR NEW SUBDIVISIONS WITHIN THE EAST RENTON PLATEAU POTENTIAL ANNEXATION AREA, AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM. WHEREAS, the City of Renton has established a portion of the East Renton Plateau within its Potential Annexation Area; and WHEREAS, the City of Renton has established this portion of the East Renton Plateau as being within its sanitary sewer service area; and WHEREAS, a citizen's group is currently pursuing potential annexation of the East Renton Plateau area; and WHEREAS, the City of Renton desires that all new subdivisions be developed to its land use, zoning and public works standards; and WHEREAS, subdivisions developed in the county do not comply to all City standards; and WHEREAS, once properties are annexed to the City, new subdivisions not vested within the county would be required to meet all City standards; and WHEREAS, declaring a moratorium would prevent vesting of subdivisions before the property could be annexed to Renton; and WHEREAS, a moratorium was established by Resolution No. 3758 and extended by Resolutions 3783 and 3812, to provide adequate time for establishment of an annexation petition to be submitted to the City Council for its consideration; and WHEREAS,a petition for an election annexation was submitted to the City; and 1 RESOLUTION NO. WHEREAS,King County Division of Records, Elections and Licensing has set an election date of February 8, 2007, for this proposal; and WHEREAS, a public hearing was held on November 27, 2006, to take testimony on extending the moratorium; NOW,'!'HEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION IL There is hereby extended a moratorium on issuance of sewer availabilities for new subdivisions within the East Renton Plateau annexation area; such moratorium is shown on the attached map. The purpose of the moratorium is to preclude issuance of any new sanitary sewer availabilities and vesting of subdivisions under King County subdivision standards prior to a vote on the annexation question by the electorate within this potential annexation area. SECTION III. The moratorium shall be in place for a period not to exceed six additional months, unless otherwise extended for one or more additional periods by the City Council, but only if a subsequent public hearing is held and findings of fact are made prior to each renewal, to support such renewal. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk 2 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1222:11/06/06:ma *.r 3 CITY OF RENTON COUNCIL AGENDA BILL ( AI#: 1.:7 4i • Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP November 13, 2006 Staff Contact Rebecca Lind(x 6588) Agenda Status Consent Subject: Public Hearing.. X Highlands Development Moratorium Correspondence.. Ordinance Resolution X Old Business Exhibits: New Business X Letter to Mayor from Chair of Highlands Area Citizens Study Sessions Zoning Task Force Information Resolution Recommended Action: Approvals: Council concur to set public hearing on December 11, Legal Dept X 2006 Finance Dept Other Fiscal Impact: iwiExpenditure Required... $0 Transfer/Amendment Amount Budgeted $0 Revenue Generated Total Project Budget $0 City Share Total Project SUMMARY OF ACTION: The City appointed a Highlands Area Citizen's Zoning Task Force to review and make recommendations on a proposed land use and zoning package. The Task Force has completed their review and will present their report to the Committee of the Whole on November 13, 2006. Implementation of the proposal, however, requires a public hearing process. During the middle of this public hearings process, the current development moratorium in the Highlands will expire. The gap between the expiration of the moratorium and the implementation of new regulations will only be a few weeks. This short window would allow projects to vest under the current regulations. Such projects will be inconsistent with the proposed zoning and land use changes. As a result, the Task Force has requested that the City implement a new moratorium prohibiting the subdivision of property for single family land use, set to expire January 1, 2007. STAFF RECOMMENDATION: The Administration recommends that the City Council: • Adopt the proposed moratorium by resolution; and • Set a public hearing on the proposed moratorium for December 11, 2006. kiiiiiire C:\DOCUME-1\B Walton\LOCALS-1\Temp\moratorium agenda bill.doc U�(cY 0� CITY OF RENTON �5 Economic Development, Neighborhoods and Strategic Planning Kathy Keolker,Mayor Alex Pietsch,Administrator November 7, 2006 Mayor Kathy Keolker Renton City Hall 1055 S. Grady Way Renton, WA 98057 Madam Mayor: Thank you for appointing the Highlands Area Citizen's Zoning Task Force. The Task Force has made significant progress and plans to submit its final recommendation tomorrow,with a presentation scheduled before the Committee of the Whole on November 13. There is one recommendation, however, that merits attention separate from our formal Nowreport. It has-come to our attention that the development moratorium, which has been in place for the last year and a half, is set to expire in the middle of November. The Task Force has a recommended land use and zoning package that is ready for public review. However, by the time the public hearing process is completed on the proposal, the development moratorium will have expired. Although it is only a matter of a few weeks between the expiration of the moratorium and potential implementation of new regulations, it still allows enough time for projects to vest to regulations that are inconsistent with the proposal. For this reason, the Task Force is asking you, and the City Council, to consider implementing a moratorium that would prohibit the subdivision of lots for single-family development. This moratorium would apply to all property zoned Residential-10 du/ac (R-10) in the Highlands and would expire January 1,2007. This will allow ample time to get new zoning regulations, on which the Task Force has worked so diligently, in place. Thank you for your consideration. c '�►r Kirk Moore Chair, Highlands Area Citizen's Zoning Task Force cc: City Council 1055 South Grady Way-Renton,Washington 98055 RENTON AHEAD OF THE CURVE This DaDer Contains 50%receded material_30%neat meal mar CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A MORATORIUM ON NEW DEVELOPMENT IN THE R-10 AND RM-F ZONES WITHIN THE HIGHLANDS SUB-AREA PLAN STUDY AREA, ESTABLISHING A HEARING DATE, AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM. WHEREAS, the City of Renton has expended substantial time and energy on its Comprehensive Land Use Plan and associated policies; and WHEREAS, the City of Renton has identified a study area for refinement of the Comprehensive Plan with a Sub-Area Plan in the Renton Highlands to further its economic development objectives; and WHEREAS,the City of Renton has expended substantial funds developing a preliminary vision and evaluating market factors for redevelopment in the Highlands study area; and WHEREAS, the R-10 and RM-F zones are currently mapped on a number of properties within the Highlands Sub-Area Plan study area; and WHEREAS, the density allowed currently in the R-10 and RM-F zones allow a minimum of 4 units per net acre and a minimum of 7 units per net acre; and WHEREAS, the uses in the R-10 and RM-F zones allow single-family detached housing and lower density duplexes that are not consistent with broad redevelopment objectives for the Highlands study area; and WHEREAS, construction of lower density development in the form of single-family or duplex units removes developable land from the stock of land for development or redevelopment, thereby frustrating the City's economic development efforts; and vorso 1 RESOLUTION NO. WHEREAS, the City of Renton wishes to encourage quality infill development at Nose densities that support redevelopment of the Center Village; and WHEREAS, approval and construction of lower density housing within the identified study area, without review of the Sub-Area Plan policies, may undermine the benefits of coordinated planning, and may foreclose or irreparably damage long-term Comprehensive Plan goals; and WHEREAS, a moratorium is required to provide adequate time for City staff to prepare and present proposed changes to the Sub-Area Plan and zoning, and present such changes to the City Council for review and adoption; 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. Nome SECTION II. There is hereby declared a moratorium on the permitting or construction of residential development, including grading permits, land clearing and tree cutting permits, building permits, plats, lot line adjustments and site plan review entitlements in the R-10 and RM-F zone within the Highlands Sub-Area Plan study area. The purpose of the moratorium is to provide adequate time for staff to draft, review, and present to the City Council, and for the City Council to review and adopt changes to the Comprehensive Plan policies concerning the appropriate density and use of land within the Highlands Sub-Area Plan study area. SECTION III. There is hereby established a public hearing date on the 11th day of December, 2006, for the City Council to take testimony on this moratorium and to consider the modification, revision, or termination of this moratorium. 2 RESOLUTION NO. SECTION IV. This moratorium shall be in place for a period not to exceed six months, unless otherwise modified by the City Council, which period may be extended or renewed for one or more additional periods, but only if a subsequent public hearing is held and findings of fact are made prior to each renewal, to support such renewal. 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.1223:11/8/06 3 CITY OF RENTON COUNCIL AGENDA BILL AI#: 6 . r 141100, Submitting Data: For Agenda of: 11/13/2006 Dept/Div/Board.. Hearing Examiner Staff Contact Fred J. Kaufman, ext. 6515 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Cottages at Honey Creek Major Amendment Ordinance File No. LUA-04-185, PP, SA-H, ECF 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 Itiovi Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The hearing was held on September 26,2006. The Hearing Examiner's Report and Recommendation on the Cottages at Honey Creek Major Amendment was published on October 5, 2006. The appeal period ended on October 19, 2006. No appeals were filed. The Examiner recommends approval of the proposed major amendment subject to the conditions outlined on pages 6 & 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 Cottages at Honey Creek Major Amendment with conditions as outlined in the Examiner's Report and Recommendation. Rentonnet/agnbill/ bb October 5, 2006 OFFICE OF THE HEARING EXAMINER slo"" CITY OF RENTON Minutes APPLICANT/CONTACT: Harvey Adams Davis Consulting Inc. 1201 Monster Rd SW, #320 Renton,WA 98057 Cottages at Honey Creek Major Amendment File No.: LUA 04-185,PP, ECF LOCATION: 4821 NE Sunset Boulevard SUMMARY OF REQUEST: Applicant requested amendment to the preliminary plat of The Cottages at Honey Creek,previously approved by the Hearing Examiner and City Council to allow 3 townhouse-style residential units and lot sizes for all lots to change. The entrance road to be realigned,the stormwater tract relocated and changed to an open pond and the commercial lot to be relocated. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions Nowe DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on September 19, 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 26, 2006 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, September 26,2006, at 9:44 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. l: 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: 2004 Preliminary Plat of The Cottages Exhibit No.4: Proposed Revisions to Plat of The at Honey Creek Cottages at Honey Creek Cottages at Honey Creek Major Amendment File No.: LUA-04-085, PP, ECF October 5,2006 Page 3 Mike Davis, 1201 Monster Rd SW, Ste. 320, Renton, WA 98057 stated that he is owner and applicant. On Condition#5 regarding the C-1 lot, a site plan revision was submitted when the CA zone was adopted. The overlay for the 150-foot requirement making it a mixed use had not been adopted. They worked with Jennifer Henning and Neil Watts to make sure that the townhomes would be allowed. He would like to strike the portion of Condition 5 where it says: "Lot C-1 will be mixed use/residential use in accordance with zoning"to state "Lot C-1 will be in accordance with zoning requirements". He does not want the record to reflect that it has to be a mixed use in the event that that zoning would actually allow stand alone multi-family. Condition#7 refers to the various mitigation plans. At the time the preliminary plat was approved there was a mitigation plan in place. It does need to be revised based on this new information, which will be turned in later this week. The Examiner stated that he may have opinions on zoning and vesting but will only deal with the plat and site plan that is before him. Darrell Offe, 13932 SE 159th Place,Renton, WA 98058 stated that when the preliminary plat was originally submitted together with the site plan there was a reverse curve in the access road to provide access to Sunset Blvd. This layout was approved two years ago. At that time the Transportation Department denied the plan due to the need for tangents to extend the road. It was easier to acquire the WSDOT property than the City of Renton property, which is located on the other side. Staff was in support of acquiring that WSDOT parcel in order to provide the straight road and the open pond. Ms. Higgins stated that she would like to have Recommendations#4 and#5 struck from the record. 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 10:17 am. FINDINGS,CONCLUSIONS& RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Harvey Adams, Davis Consulting Inc., filed a request for a Major Amendment of an approved 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 project was originally reviewed by the Environmental Review Committee (ERC),the City's responsible official, when it was first processed. The ERC issued a Determination of Non-Significance -Mitigated(DNS-M). No further review was conducted for this proposed change. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 4821 NE Sunset Boulevard. The subject site is located south of Sunset and east of Duvall Avenue NE. Nrid 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as Cottages at Honey Creek Major Amendment File No.: LUA-04-085,PP, ECF October 5, 2006 Page 4 suitable for the development of Center Neighborhood uses,but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned CA(Commercial Arterial). When the plat was first approved the site was zoned CN(Center Neighborhood/Residential Bonus Districts A and B). Staff determined that the proposal was vested in the prior CN Zoning. 8. The subject site was annexed to the City with the adoption of Ordinance 2945 enacted in July 1975. The Preliminary Plat the applicant proposes amending was approved on January 10, 2005. 9. The subject site is approximately 4.17 acres. There was some initial question about the parcel's size. The subject site includes a rectangular addition that was owned by Washington State but now has been acquired by the applicant, subsequent to the Preliminary Plat approval. The original parcel was U- shaped with a dogleg to Sunset at the extreme east and west sides of the property. The subject site surrounded the state owned property on the west,south and east. With the acquisition of the state's parcel the subject site now has a contiguous frontage along Sunset, the parcel's north boundary. 10. Many of the findings below are adopted from the original report. 11. Honey Creek runs east to west through the northern third of the subject site. There are steep slopes along the creek channel that range up to 30 percent. In order to provide access to the subject site the applicant will be constructing a road that has to cross Honey Creek. The applicant is also rebuilding the culvert system in that area. In order to work within 25 feet of the creek the applicant was granted a variance from the Tree Cutting and Land Clearing regulations. 12. There have been no changes to the number of lots that would be created. The applicant proposes dividing the subject site into 28 lots. Twenty-seven lots would be for detached single-family homes while one lot would be for commercial development. The commercial lot that had been proposed for the western dogleg portion of the subject site would now be changed. The commercial lot would be located in the northeast corner of the parcel,east of a newly aligned roadway. This would permit the commercial lot to have its driveway along the new roadway rather than directly onto Sunset,reducing the number of curb cuts along this major roadway. 13. One of the issues with the original plat was the alignment of the cul-de-sac roadway. It was constrained by the location of the State's parcel. The roadway did not line up with another road north of Sunset and there were concerns that the offset intersection might create traffic problems. The acquisition of the State parcel has allowed the roadway to be moved west,to line up with the road north of Sunset and to widen the narrow remainder tract that had been located east of the roadway. That widened "tract" could now be a lot and that is what the applicant now proposes. The new lot would take the place of the commercial lot originally planned for the west side of the parcel. 14. In place of the western commercial lot, the applicant would now develop a surface, stormwater detention pond. The surface pond would replace a proposed vault that would have been located in the Honey Creek buffer. 15. The proposed residential lots originally ranged in size from approximately 2,748 square feet to 5,417 square feet. Those dimensions have changed modestly with the relocation of the roadway to the west. Nrr' The relocation would allow slightly wider lots east of the road and narrower lots west of the road. Detached single-family homes would be constructed on each of the 27 residential lots. Cottages at Honey Creek Major Amendment File No.: LUA-04-085, PP, ECF October 5,2006 Page 5 16. There was discussion of what might be constructed on the commercial lot but that discussion can be left for a time when plans are submitted. The changed zoning could affect those plans and further changes could also affect those plans. The use of the commercial parcel is unnecessary to a discussion of a plat amendment. 17. The layout of the homes would follow the same arrangement as before. They would still be arranged around the generally north-south public road with one tier of lots along the eastern edge and another tier along the southern edge. Access easements would provide access to a number of interior lots along the western portion of the site. 18. The new roadway would be 42 feet wide and terminate in a cul-de-sac. 19. Proposed Lots 8, 9, 10 (southeast corner), 14, 15, 16, 17 (southwest corner),21, 22 and 23 (west central) would be accessed by easements. These three easements along with the driveways for Proposed Lots 6, 7, 11, 12, 13, 18, 19 and 20 would use the cul-de-sac for access. 20. The residential complex will be subject to site plan review due to its being located in Suburban Centers Residential Bonus District B. The buildings have identical floor plans as now proposed. That might have to be altered if shared driveways are necessary. In that case, it appears that mirror floor plans might work. The buildings would be 25 feet in height. A modification approved by the administrator allows the garages to be front-loaded. 21. An open space tract would be created south of the new commercial tract and north of the creek. Honey Creek will be located in a separate tract system. 22. Sewer and water are available or can be extended to serve the subject site. 23. The subject site currently sheet flows into Honey Creek. After appropriate treatment storm water from the developed site will still be discharged into Honey Creek. 24. The proposed development will generate approximately 270 vehicle trips per day. 25. The subject site is located within the Renton School District. Students will be assigned to schools on a space available basis. 26. The density of the plat will change as a result of the addition of acreage. It would now range between 6.99 and 9.64. Staff noted that is below the minimum. Site conditions do allow modifications of density and the parcel is bisected by Honey Creek with slopes on either side of it. Also,the applicant has realigned the entrance roadway to create a standard, four-way intersection rather than an offset intersection. The standard intersection is safer for a major arterial street such as Sunset. 27. The original ERC conditions as well as the original conditions imposed on the prior plat, as applicable, will again be applied to the amended plat. CONCLUSIONS: 1. The proposed plat amendment appears to serve the public use and interest. Its main attractions are a surface stormwater pond in place of a vault located in the wetland buffer and the creation of a more standard intersection along Sunset Boulevard in place of an offset intersection. The proposed plat still provides protections for Honey Creek,a critical area, in the form of buffers. The number of lots that Cottages at Honey Creek Major Amendment File No.: LUA-04-085,PP, ECF October 5, 2006 Page 6 take access from the cul-de-sac will still create a complex driveway pattern and overly cut up sidewalk. 2. The plat complies with the Zoning Code and critical areas ordinances. The lots are appropriately sized for the CN Zone, the zoning in place when the plat was originally reviewed. The proposed lots are small but will offer homes and sites to those seeking smaller parcels in an area with both natural amenities and nearby urban services. As in similar lots with interior development potential,the interior lots will be somewhat hemmed in and surrounded by other lots with no visual access to an open streetscape. 3. In addition to providing additional residential choices,the plat is being developed in an area with appropriate utilities and will help avoid sprawl. The applicant will also be offsetting some of the impacts by paying mitigation fees for traffic,parks and fire services. 4. The lots are generally rectangular and meet the various setback standards for the CN zone. The applicant will be permitted to place garages in the setback area after being granted a modification by the City. 5. The relocation of the commercial lot to the east does not have any additional consequences other than allowing access to that lot from the new roadway rather than from another driveway along Sunset. 6. The plat,as amended,should be approved by the City Council. RECOMMENDATION: Nyr The City Council should approve the Preliminary Plat subject to the following conditions: 1. The applicant shall comply with the conditions imposed by the ERC. 2. Staff shall work with the applicant to reduce the number of driveways and easements that access the cul- de-sac and make use of shared driveways between adjacent homes. If this requires inverting the floor plans of those adjacent homes, the applicant shall invert those floor plans. 3. The applicant shall work with City staff and WSDOT to provide channelization for NE Sunset Boulevard(SR 900)ensuring turning movements for ingress and egress to the development meeting all applicable standards and requirements. 4. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements, including fences, landscaping, utilities, private easements,etc. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. 5. The applicant shall incorporate tax lot 5169700071 into The Cottages at Honey Creek Preliminary Plat as a stormwater tract and access easement tract. The stormwater tract shall be dedicated to The Cottages at Honey Creek Homeowners' Association. The HOA shall be responsible for maintenance of the stormwater tract. 6. The applicant shall submit a revised landscape plan,which includes landscaping of the stormwater tract(s), for review by the project manager as a condition of approval of this Amendment. The landscape plan shall be submitted and approved prior to commencement of construction. Cottages at Honey Creek Major Amendment File No.: LUA-04-085,PP, ECF October 5, 2006 Page 7 7. The required landscaping of the stormwater pond shall be installed prior to recording the final plat. 8. The applicant shall,as a condition of the approval of the Amendment,revise the site plan to demonstrate that all lots will meet the development standards of the zone. Said plan shall be submitted to the project manager for approval prior to commencement of construction. 9. The applicant shall submit for review as a condition of approval of this Amendment and prior to the commencement of construction,the following: a. A stream buffer averaging plan showing areas where the buffer will be reduced from the 50-foot required buffer, b. A mitigation plan compensation area for stream buffer averaging, c. A stream restoration plan(for construction work within the stream buffer), d. A stream buffer monitoring plan,and e. A stream buffer maintenance plan. 10. The mitigation installation and restoration for the stream buffer shall be complete prior to recording the final plat. ORDERED THIS 5th day of October 2006. 4 FRED J.KA AN HEARING E AMINER TRANSMITTED THIS 56 day of October 2006 to the parties of record: Elizabeth Higgins Harvey Adams Mike Davis Senior Planner Davis Consulting Inc. 1201 Monster Rd SW, Ste. 320 Development Services Division 1201 Monster Rd SW, #320 Renton,WA 98057 Renton, WA 98057 Darrell Offe Phil& Yerda Gesner 13932 SE 159`h Place 11025 142`d SE Renton, WA 98058 Renton, WA 98059 Maria Wolcott 2220 Ilwaco Ave NE Renton, WA 98059 TRANSMITTED 56 day of October 2006 to the following: Mayor Kathy Keolker Stan Engler,Fire Jay Covington, Chief Administrative Officer Larry Meckling,Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman,PBPW Administrator Transportation Division Cottages at Honey Creek Major Amendment File No.: LUA-04-085,PP, ECF October 5, 2006 Page 8 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 IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,October 19,2006. 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 19,2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. Project Location: 4821 NE Sunset Blvd 3 T . --. 1- F 5 :0.04 SIIIr *".1-..., ...Ai– 111111 0 - i illik:\S\111— ,1 sere. 10:i * 4"A i N i _rr •. ....:�\• l3•62 1322.48 200 165.31 I :I : may' Y 1 6 A CO N o ,` � aLi ' �1 1 se t I 1 G,�• 01:r:5 - ' --J 100 + Honey Dew • s, -- o z. 92 �.� ` 9a =o w 0Oo N u.n Uj �a ct.i 92 84 O Leo H. Ross 4.14 Ac. /// 82 83.29 --- ,.L., ��`` C O o-4b.alismilMmialli 0 g 0.S o Li a !43 �;;\ uoas - S�T� v "-=8 a"._'- ®- 0 1 �, zI ,Earl A.Weber �25 (V n W ta o.�o •c. 0.51Ac.o• d�iN LII Ac. N Q 7 6 I -I g I nop M = I65.29 155.5 150.79 ael s. / 190 Gino J. Non J II �8 J : ( 1.43 Ac. Q ' N Florence B.Mathieson I I Ac. I A EXHIBIT 0 � „op • 329.7 + l•• 0 ® N 2 930.53 i50 150,54 60�^' 84 N.E:-12TH-ST.4'1 ' N E 1 H`e-` '-+ e--(o9-e•'-+ e--(o9-e• , 631.08 — •— • ( (. 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ONLY OUR1N0 1N N04MR4 OF*Rt.1MROVOM UMW!MOVSHt. tttO.O MAY M00[t0, a, Ut.nNO FILL Not 1U0AStt IO1"KM.,4411 .01410X11 RN7KVM R 0 M iN[*emu Or DO rIs 150 SVT MUST et 14401041410 RNN c TM MON AND KORIORA1gN 00.41104 VON.WORD ON TNI!CO MO AM HOMO 01401.08, p1Q M 011401 171.11X.1 MINIM n TN L11T•r of RCMON.0M1IK 1N[ s. eL(N ANp ORADMO 14010131 MALL COMRY Iron \ er: A/tafitd+'T�• 00./g^r'0tf DATE 1.111 __ma TO K MOWN NOMPLItNR m 111X1 AFRICMTCD WC 00.130010. N COMIRUCNON fr[CtEO nK r[Rko. /X•rofrOo°k CONTNIRO M 1N O2g$,,, ,' `/tT/�T-" A30 No. "014286.."..&"141"C.NAM"'00001°,1 010[1411.111[ rraf 1.014 t5ON[RM0 Rt0OR5 DATED ma 1,100.. .+0.,.:/. ARIICIM-":MW0,10114"AIN KdMO1 POOP ICD O r RRL K rKc Of m ., 4041 Na tAoa1111 COM[MATNM CONTROL Nam o 11*M tHtW.Wm roma KK pCCCD1 A ,�/� 043 ROMK AMOK.IT R RNOL 14 M MO ttIO OM oOF n0.MI a0YR1[or t Mb1[f�A fL A MINIMUM 01 3 RR NON 0*MOW.Wm 3»31D[tLOrD. OR0 No. aa4lnl,enan.R.,W.R 111[010,011101.AM Rtlr01A0u1Y Of TN 01001!11 m R 32#7� II b:- a,.: e.ctr MOROI AM ANNOY 000TaNpM MO rof K MORO h•W 14010410 AND TO PROM I. A T[MrOMIN ONN0I.110 AT 41.5 OfTON t,1l'S.O'S s•Of 4-10 a-MCN WARR. M 1 1 4 PADONIOM ROM?AOMCnrtfA �0,021"`OAaq` 1E MIN M iltor m wrNO gt.WC f1SIWm. TM AT Nl 401.01 Of HWCUIM 1.0141[3!mo ORM m iM �, au: 1 pf 2 a�A,.....NA.Y M 4).p mAr•MmON5055551 AM f.NH,Os050-a(..awes IDWr«f*5*0 000. 15190/ EXHIBIT 7 r. . IW CP .,-2,-- r ( i CLTIC NO. : H710647 L . z• , • - _., ., ., .• • EXHIBIT "A-1" ---,-_ Tract 6 of Joseph P. Marshall Tracts, according to the plat thereof :. 1 r6cOrdeil.,in Noiume 38 of Plats, page 30, in King County, Washington; „SXCEPT the South-630 feet thereof; AND EXCEPT that portion of Tract 6 of Joseph P. Marshall Tracts, , _ ,.- Volume ,38,:: page..,10,':desOibed as follows: -•:,;.... .: „,, .:: ..:: ..:.:- •-•:; Beginning pn the north lite of.-said Tract 6 at a point 100 feet west, as measured at right-angleik,./of the east line thereof; thence South paka4ev to 141a c.aWline a distance of 200 feet; , -.. , thence west, paralleVtothe south line of said Tract 6 a distance of 140 feet; -".. / ; ? ,•,.., thence north paraliel .to the et line of said Tract to the north line thereof; thence northeasterly along said north line to Ote. point of beginning; AND EXCEPT that portioncorideinne4 in King-,,Cou4ty/Superior Court Cause • No. 741907, Item 6 by the:StateOf Washington for Highway SR900. - • . . . . . ' - • - , .:'',• . ;.',, END OF EXHIB1T' A-l' .. .' • : *Imre . 41.4 , ,,,,,,.:' / -' •,.• : get •,,... • „,• .: .. . • :!.. . .-- .4 - • .. rt -CI .... vf • 14 1. N N '',. • • , . . . ,... . . • •••• • - • , ..... • .• .. : .. ' . .:".. . .. . :.• . . • . ••.' . ' ;4'••- -7. • • . , , -• ,. ••t....' ,.. : - . I • .. • . , • . , • .- . • • • . .. • . . . . • • • . . . • . ... . . • .. .• . .. . . • • ' •'.......Y ;' . . . 7-:i.S .7:7::*7- ,•Iiii7.-.'•:,..-;::•,•:-.. ..-0•*,...:--.. ...-':,.-..,..e. 5.-VIVT.C&C;3::2,Zi,'.:' - •''''''t.71111.---- .. -. • • • : . • CITY OF RENTON COUNCIL AGENDA BILL AI#: 6`g. . Submitting Data: For Agenda of: November 13, 2006 Dept/Div/Board.. Police Staff Contact Penny Bartley Agenda Status Consent X Subject: Public Hearing.. Occupational Health Services-Jail Inmate Health Care Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Copy of Contract Information Recommended Action: Approvals: Council Concur Legal Dept X.. Finance Dept Other H/R Risk Management X Fiscal Impact: isorExpenditure Required... 176,376 Transfer/Amendment Amount Budgeted 176,376 Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The City of Renton contracts with Occupational Health Services (OHS) from Valley Medical Center for health services within the jail. The only change in the 2007 contract is a 5 percent increase in the total contract amount. STAFF RECOMMENDATION: Approve the Occupational Health Services(OHS) 2007 contract for jail health services and authorize the Mayor and City Clerk to enter into the agreement. Rentonnet/agnbill/ bh e POLICE DEPARTMENT MEMORANDUM ANT DATE: November 3 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Kevin Milosevich, Chief of Police STAFF CONTACT: Penny Bartley, Police Manager(XT 7565) SUBJECT: Issue Paper—Occupational Health Services Contract ISSUE: Should the City of Renton continue its contract with Occupational Health Services (OHS) from Valley Medical Center for health services within the jail? BACKGROUND: OHS has provided jail medical services since 1995. The contract provides for 44 hours of nursing services and four hours of physician assistant services within the jail. Additionally, we have 24-hour on-call services provided under the contract and a psychiatric nurse practitioner available as well. The types of services that are provided under the contract include physical examinations and screening of inmates, evaluation and treatment of chronic health conditions, communicable disease control and prevention and medication management. Inmates that need follow-up care or diagnostic services that aren't provided within the jail are transported to OHS for evaluation and are billed in accordance with Exhibit A. The only change in the 2007 contract is a five percent increase in the total contract amount. The total amount for the 2007 contract is $176,376. STAFF RECOMMENDATIONS: The City of Renton Council concurs with the recommendation of City Administration to approve the 2007 Occupational Health Services Agreement and authorizes the Mayor and City Clerk to enter into the agreement. OCCUPATIONAL HEALTH SERVICES AGREEMENT City of Renton Police Department Jail THIS AGREEMENT is made and entered into as of this day of by and between the City of Renton (hereinafter the "City"), and Public Hospital District No. 1 of King County, a Washington municipal corporation d/b/a Occupational Health Services (hereinafter "OHS"). PURPOSE The purpose of this Agreement is for OHS to provide on-site health services at the City of Renton Police Department Jail (hereinafter the "Jail) an approximately fifty (50) bed unit, as well as various off-site health services for staff and inmates. IN CONSIDERATION OF THE PROMISES AND MUTUAL COVENANTS HEREINAFTER CONTAINED, IT IS HEREBY AGREED AS FOLLOWS: 1. Responsibilities of OHS. A. Basic Contract Price Services. OHS agrees to provide the following services for the agreed annual contract price of One Hundred Seventy Six Thousand, three ,,.d Hundred and Seventy six Dollars ($176,376.00) for 1/01/2007 to 12/31/2007. (Exhibit A) i. Routine on-site (i.e., at the Jail) services provided by a Registered Nurse Forty-four (44) hours per week, and a Physician Assistant on-site up to Four (4) hours per week (schedule to be arranged in advance by the parties). OHS has the sole right, responsibility and authority to select and provide the staff needed to fulfill the terms of this Agreement. During such scheduled visits, OHS shall provide physical examinations at the Jail for inmates, and evaluation and treatment of inmates and police staff for minor medical needs. On-site services shall include: a. The cost of prescriptions shall be billed to the Jail. b. Blood collection for inmates or as requested for law enforcement purposes. c. Office medical supplies used to provide the above services. Occupational Health Services Agmt. City of Renton Police Department Jail ii. Off-Site Services: Twenty-Four (24) hour, Seven (7) days per week phone consultation service with a Registered Nurse and/or Physician Assistant. Such "%m' telephone consultations are limited to the scope of practice of a Registered Nurse or a Physician Assistant, respectively. B. Services Not Included. Services not provided in the annual price set forth above are additional services not described in Paragraph A, above, including but not limited to hospitalization, emergency transportation and emergency room visits, physician visits, or other specialty care. C. Services in Addition to Basic Contract Price. OHS agrees to make available the following services at the usual and customary price ("UCP") that OHS charges for them. The services listed in Exhibit A are NOT included in the One Hundred Sixty Seven Thousand, Nine Hundred and Seventy Dollars ($167,970.00) for 01/01/2006 to 12/31/2006 contract price. The UCPs are subject to periodic review and adjustment: (Exhibit A) Work-related treatment of Jail staff at the Occupational Health Clinics in Renton and Auburn will be billed to L&I. Treatment for non-work related conditions will be billed to the Nue patient with payment expected from the individual patient, or some other entity on his/her behalf (i.e., insurance). D. Professional Qualifications and Liability Insurance. Staff provided by OHS will meet all appropriate licensure requirements and will maintain professional liability insurance coverage in an amount not less than Five Million Dollars ($5,000,000) per claim. E. Indemnification/Hold Harmless. OHS shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, error or omissions of OHS in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City." 2. Responsibilities of Jail. A. Liability. The Jail assumes all responsibility for any harm to OHS staff while performing the duties specified in this Agreement, or while on-site for that purpose, Occupational Health Services Agmt. City of Renton Police Department Jail when such harm is caused by negligence on the part of the City of Renton. OHS shall be responsible for the direct medical care provided to staff and inmates pursuant to this Agreement. OHS is not required to perform or pay any charges for ancillary services. B. Medical Records/Consent. All medical records shall be the property of OHS. The Jail is responsible for obtaining or providing the necessary medical consent for the healthcare services provided herein. C. Payment of Fees. The Jail agrees to pay a total of One Hundred Seventy Six Thousand, Three Hundred Seventy Six Dollars ($176,376 in Twelve (12) monthly installments of Fourteen Thousand Six Hundred, Ninety Eight Dollars ($14,698) for the basic contract services outlined above. The Jail further agrees to pay all charges incurred by the Jail for the ancillary services, not included in the basic annual fee, outlined above. OHS will send a detailed invoice each month, and payment shall be made within Thirty (30) days following receipt of the invoice. In the event that the Jail fails to pay any amount when due, the delinquent amount shall bear interest at the maximum rate of interest allowable by law. Non-payment for services may result in termination of this Agreement, at the discretion of OHS, upon Ten (10) days notice to the Jail. D. Indemnification/Hold Harmless. The City shall defend, indemnify and hold OHS, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, error or omissions of the City in performance of this Agreement, except for injuries and damages caused by the sole negligence of the OHS." 3. Mutual Responsibilities and Miscellaneous Terms: A. Term of Agreement/Termination. The term of this Agreement shall be Twelve (12) months, commencing January 1, 2007 and ending December 31, 2007. The Agreement shall automatically renew for Twelve (12) month periods on the anniversary hereof. The parties shall discuss in good faith any price modifications on or near such anniversary date. Either party may terminate this Agreement at any time, without cause, by providing the other party with at least Ninety (90) days written notice of its intentions. OHS shall be paid as provided hereunder for all services rendered and costs incurred to the date of termination. Occupational Health Services Agmt. City of Renton Police Department Jail B. Confidentiality. Both parties agree that medical records will be handled in Now accordance with Chapter 70.02 RCW, and will comply with all other existing Washington State and federal confidentiality laws. C. Dispute Resolution. Should any dispute or disagreement arise over the terms of this Agreement or from the performance thereof, both parties agree to submit the dispute to binding arbitration, in accordance with the rules of the American Arbitration Association. D. Attorney's Fees. If legal proceedings are instituted by either party in connection with this Agreement, the party not prevailing agrees to pay the costs and expenses of litigation, including reasonable attorney's fees of the prevailing party. E. Assignment. Neither this Agreement nor any right or obligation arising thereunder may be assigned or delegated by either party without the written consent of the other, provided that health services required of OHS hereunder may be provided by OHS contract providers. Nothing in this Agreement shall be construed to imply a joint venture, principal, agent, or employer-employee relationship between the Jail and OHS. F. Laws of the State. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. G. Primary Contacts. For the purposes of administering this Agreement, the primary OHS contact person is Pat Vincent, Clinic Manager, or her successor. The primary contact at the Jail is Penny Bartley, Police Manager. Occupational Health Services Agmt. City of Renton Police Department Jail IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. By OHS: Kathy Keolker, Mayor Public Hospital District No. 1 of King County, d/b/a Occup. io al Health Services By Paul . Larson ATTEST: Administrator, Clinic Services By JAIL: Bonnie Walton, City Clerk City of Renton Police Department Jail By Penny Bartley Manager Occupational Health Services Agmt. City of Renton Police Department Jail EXHIBIT A FEE SCHEDULE likkow BASIC PROGRAM COMPONENTS FEE r , Clinical Staff and Services Registered/Licensed Nurse&Physician Assistant January 1,2007-December 31,2007 Malpractice Insurance $176,376 Trained clinicians for back-up/coverage Medical Director Oversight On-site services 48 hours/week Injury and illness treatment services 14-day Health Appraisal Exam services(see lab fees below) Administration of vaccinations&TB tests Basic dental services, i.e.tooth blocking&pain relief Triage System Medication Administration 24 hour Telephone Consultation Services Included in annual rate Access to clinical staff 24 hours/day,7 days/week Telephone Consultation Guidelines Policies/Procedures&Clinical Guidelines Included in annual rate Operational Policies&Procedures Clinical Protocols,Practice Parameters,&Triage Guidelines Dental Services Usual and customary rates Appointment Coordination Included in annual rate Ongoing Medical Records Management Included in annual rate Initial Photocopying of Records One time fee at usual and customary rates Insurance Billing Included in annual rate Program Set-Up,Management&Medical Oversight Included in annual rate Program Set-up Recruiting,Hiring,Credentialing Staff Training Scheduling Medical Records System Operational Maintenance Access to Medical Director and Clinic Director Regular business hours Quarterly Meeting Attendance Ongoing Personnel Management Problem-Solving Identifying Service Gaps Medical Oversight Access to Medical Oversight 24 hours/day, 7 days/week Quarterly Meeting Attendance Quality Assurance Quality Improvement Scope of Practice Monitoring Referral Monitoring 'fin►. CONTRACT FOR SERVICES—Aug 2006 CITY OF RENTON/VMC-OHS EXHIBIT A ADDITIONAL PROGRAM ELEMENTS FEE Supplies&Medication Stocking No additional charge for inventory monitoring. Actual goods billed at OHS'cost. Delivery of Medication Daily Delivery of Prescription Medication(Monday-Friday) No additional charge Weekend and Emergency Deliveries Arranged at a negotiated rate Occupational and Employee Health Services On-the-Job Injury Triage System No additional charge On-site Employee Health Services To be priced at competitive rates but Flu Shots provided on-site for convenience TB Skin Test Hepatitis B,Series of Three Injections(includes vaccine) Hepatitis B,Injection only Hepatitis B Titer Hepatitis B Vaccine-Booster Drug Screen,Collection and Lab Processing Drug Screen,Collection Only Medical Review Officer Services Breath Alcohol Test Breath Alcohol Test Confirmation OPTIONAL SERVICES FEE Transportation No additional charge for coordination responsibilities Services Not in Jail Health Service Guidelines On-site Physician Services $150/hour X-Ray Usual and customary rates Urgent Care Services(available Monday-Friday,6:00am-6:00pm, OHS fee schedule(based on the Dept. at OHS Renton,and 6:OOam-6:OOpm at OHS Auburn) of Labor and Industries fee schedule) Emergency Services at VMC's Emergency Department Usual and customary rates Psychiatric Services To be priced at competitive rates 41.1 CONTRACT FOR SERVICES—Aug 2006 v CITY OF RENTON/VMC-OHS }} � r ATE FYI AC�ROr�r C r r` C r' C_ _ __F___-, _._ r �-,_r �-f j �_ .._ J rsa l` __s c • • D 11/02/2005 PRODUCER `T, ��'' FICm-E IS ISSUED ASA MATTER OF INFORMATION ONLY Keenan HealthCare D CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 901 Calle Amanecer,Suite 200 AFFORDED BY THE POLICES BELOW. •San Clemente,CA 92673 ' hone: (949)940-1760 Fax: (949)369-0324 INSURERS AFFORDING COVERAGE 141111.INSURED INSURER Steadfast Insurance Company(Zurich Ins Group) Public Hospital District#1 of King County INS B: Dba: Valley Medical Center INSURER 400 South 43nd Street INSURER o- Renton,WA 98055 INS E: COVERAGES THIS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE ISSUED TO MB INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BB ISSUED OR MAY PERTAIN,MB INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY Iraq TYPE OF INSURANCE POLICY NUMBER EFFECTIVE E KPI AT1ON LIR DATE DATE PAIMXVYY) netoore , MLLES GENERAL LIABILITY EACH OCCURRENCE $ Included Below FIRE DAMAGE(My one ire) $ ®COMAIERCIAL GENERAL UAB0.RY MED EXP(Any one Person) S ❑®CLAIMS MADE❑OCCUR A ❑_ HPC 5916900-00' 11/01/05 11/01/06 PERSONAL&PMINJURY $ GENERAL AGGREGATE S Included MOW GEMt"AGGREGATE LIMIT APPLIES PER PRODUCT ADP AGO $ ❑POLICY❑PROJECT D AUTOMOBILE UABILITY COMBINED SINGLE t $ ❑ANY AUTO (EachacddenQ ❑ALL OWNED AUTOS BODILY INJURY $ 0 SEED ALS (Per person) ❑HIRED AUTOS BODILY I NJ�URY $ olden ❑NON-OWNED AUTOS ❑__ PROPERTY DAMAGE s ❑ (Per aooideM) GARAGE LABILITY AUTO ONLY-EA ACCIDENT $ EA $ ❑ANY AUTO OT 91 THAN AOC ❑ AUTO ONLY: AGG $ EXCESS LIABILRY EACH OCCURRENCES 5,000,000' ❑OCCURR ®CLAIMS MADE - AGGREGATE S 5,000,000' A HPC 5916900-00' 11/01/05 11/01/06 s ❑ DEDUCTIBLE S ®BION $ 1,500.000 SIR WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS I ER EMPLOYERS'UABIUTY S _EL EACH ACCIDENT . EL DISEASE-EA EMPLOYEE $ EL DISEASE-POUCY UNIT $ OTHER s1.5 Mil/58.5 Mil A99 A Healthcare Professional HPC 5916900-00' 11/01/05 11/01/06 Self-Insured Retention Included Above Liability Insurance DESCRIPTION OF OPERATIONSR.00ATIONSNEHIDI ES/EXCLUS1ONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS * Excess of$1,500,000/58,500,000 Aggregate Self-insured Retention Evidence of Healthcare Professional Liability and General Liability Insurance for Valley Medical Center with respects to the Occupational Health Services-"Jail Services and Q.O.T.Alcohol&Drug Testing program'. CERTIFICATE HOLDER L® AnDmONAL IHSFrRED;INSURE LETTER: A CANCELLATION — SHOULD ANY OF THE ABOVE DESCRIBED POUCIBS BB CANCEUAD MORE TIE EXPIRA1ION DATE THERE N,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICFi atrof Renton TO THE CERTR9CAIE HOLDER NAMED TO THE LEFT.BUT FAILURE TO MAIL SUCH NOTICE SNAIL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIM)UPON THE COMPANY,ITS AGENTS 1055 South Grady Way ORREFBBSENTATIVE$. Renton,WA 98055 A ACORD 25-S(7-97) ACORD CORPORATION 1988 City of Renton Received Endorsement#8 APR 0 3 2006 General Purpose Endorsement Human Resources& ,may Risk Management ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pot. Eff.Date of End. Producer Add'I Prem. Return Prem. HPC 5916900 00 11/01/2005 11/01/2006 11/01/2005 11847000 $0 $0 Named Insured and Mailing Address: Producer: Public Hospital District No.1 Of King County Keenan&Associates d/b/a Valley Medical Center 901 Calle Amanecer,Suite 200 400 South 43rd Street San Clemente,CA 92673 Renton,WA 98055 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under: Health Care Umbrella Liability Policy Additional Insured Section II—WHO IS AN INSURED of the attached Coverage Parts is amended to include the person or organization shown below as an Additional Insured,but only with respect to liabilities arising out of his,her or its operations performed by or for the Named Insured. This endorsement provides no coverage to the Additional Insured for liabilities arising out of the claimed negligence of the Additio Insured,or out of the negligence of parties other than that of the Named Insured. Name of Person or Organization(Additional Insured): Retroactive Date: City of Renton 09/30/2001 1055 South Grady Way Renton, WA 98055 All other provisions of this policy remain unchanged. 0U+4464n- Signed by: Cf&L/Yt. 1 Authorized Representative Date NANO U-HCU-405-A CW (3/98) • Page 1of1 1 • 7. CITY OF RENTON COUNCIL AGENDA BILL I AI it: 6. , f'l Submitting Data: Transportation Systems For Agenda of: Dept/Div/Board.. Planning/Building/Public Works November 13, 2006 Staff Contact Jason Fritzler or Derek Akesson Agenda Status ext. 7243 Consent X Subject: Public Hearing.. Correspondence.. May Creek Bridge Replacement—Parametrix Ordinance Design Contract Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Design Contract Information 2006-2011 TIP#19 2007-2012 TIP#21 Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Fiscal Impact: 317.012503 Expenditure Required... $ 146,174 Transfer/Amendment Amount Budgeted $ 120,000(2006) Revenue Generated kilo' $ 66,000 (2007) Total Project Budget $ 835,000 City Share Total Project.. $ 835,000 SUMMARY OF ACTION: As a part of the 2003 and 2005 bridge inspections,the May Creek Bridge has been identified as a replacement candidate by having a deteriorating superstructure and substructure. In 2005,the City applied for a federal grant to help with the replacement costs and was notified by the state that BRAC grant applications will be suspended until their current grant funds"catch up"with their existing bridge replacement demand. In the fall of 2005, structural engineers from Parametrix conducted a load rating on the structure and requested that the City post the bridge for weight restrictions. The City posted the bridge as requested. In late 2005, it was decided to move forward with the bridge replacement utilizing City funds to begin design of the project this year. We have completed a survey of the project area and we are now prepared to move forward with the design process. Currently, there is $120,000 budgeted(2006-2011 TIP#19)in 2006 to begin the geotechnical investigation, environmental permitting, and the structural design. The design phase will continue into 2007, in which there is$66,000 budgeted (2007-2012 TIP#21)to complete the design. Total project budget for design is$186,000 for 2006 and 2007. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the design contract with Parametrix for the May Creek Bridge Replacement Project(TIP#19) in the amount of$146,174. H:\Division.s\TRANSPOR.TATIDESIGN.ENGUASON\Projects\May Creek Bridge Replacement\City Correspondance\Agenda Bill Parametrix Design Contract.doc C.)ti`�Y - PLANNING/BUILDING/�'� E , PUBLIC WORKS DEPARTMENT • „Nrvo� MEMORANDUM DATE: November 13, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, May . FROM: Gregg ZimmermaPW Administrator STAFF CONTACT: Jason Fritzler/Derek Akesson Transportation Design Project Managers (x7243) SUBJECT: May Creek Bridge Replacement—Parametrix Design Contract ISSUE: Should the Council authorize the execution of the design contract with Parametrix for the May Creek Bridge Replacement Project(TIP#19)? N"' RECOMMENDATION: Authorize the Mayor and City Clerk to execute the design contract with Parametrix for the May Creek Bridge Replacement Project(TIP#19) in the amount of$146,174. BACKGROUND: As a part of the 2003 and 2005 bridge inspections, the May Creek Bridge has been identified as a replacement candidate by having a deteriorating superstructure and substructure. In 2005,the City applied for a federal grant to help with the replacement costs and was notified by the state that BRAC grant applications will be suspended until their current grant funds"catch up"with their existing bridge replacement demand. In the fall of 2005, structural engineers from Parametrix conducted a load rating on the structure and requested the City post the bridge for weight restrictions. The City posted the bridge as requested. In late 2005, it was decided to move forward with the bridge replacement utilizing City funds to begin design of the project this year. We have completed a survey of the project area and we are now prepared to move forward with the design process. Currently, there is $120,000 budgeted (2006-2011 TIP#19) in 2006 to begin the geotechnical investigation, environmental permitting, and the structural design. Total project budget for design is $186,000 for 2006 and 2007. cc: Peter Hahn,Deputy PBPW Administrator—Transportation Robert Hanson,Transportation Design Supervisor Noire Jason Fritzler,Transportation Design Project Manager Derek Akesson,Transportation Design Project Manager Connie Brundage,Transportation Administrative Secretary H:\Division.s\TRANSPOR.TAT\DESIGN.ENGVASON\Projects\May Creek Bridge Replacement\City Correspondance\Issue Paper Parametrix Design.doc Consultant/Address/Telephone Local Agency . Parametrix,Inc. Standard Consultant .1231 Fryar Avenue Sumner,WA 98390 Agreement ®Architectural/Engineering Agreement ❑Personal Services Agreement • Agreement Number Project Title And Work Description May Creek Bridge Replacement Federal Aid Number Agreement Type(Choose one) ❑Lump Sum Lump Sum Amount $ ®Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate 185 %_ ❑Yes ®No % Overhead Cost Method Federal ID Number or Social Security Number ❑Actual Cost El Actual Cost Not To Exceed ,� Do you require a 1099 for IRS? Completion Date ❑Yes ®No July 31,2007 ®Fixed Rate 10 % -- — Fixed Fee $ 11,060.00 ❑ Total Amount Authorized$ 146,174.00 Specific Rates Of Pay ❑Negotiated Hourly Rate Management Reserve Fund$ ❑Provisional Hourly Rate Maximum Amount Payable$ 146,174.00 ❑Cost Per Unit of Work - - -- - Index of Exhibits Exhibit"A"-Scope of Work Exhibit"D"-Payment(by Agreement Type) ., • a , • Exhibit"I"-Payment Upon Termination of Agreement Exhibit"J"-Alleged Consultant Design Error Procedures Exhibit"K"-Consultant Claim Procedures Exhibit"L"-Liability h suint a Inc►ease Exhibit"M"-Certification Documents THIS AGREEMENT,made and entered into this day of between the Local Agency of _ City of Renton ,Washington,hereinafter called the"AGENCY", and the above organization hereinafter called the"CONSULTANT". ‘...4100 DOT Form 140.089 EF Page 1 of 8 Revised 6/05 WITNESSETH THAT: WHEREAS,the AGENCY desires to accomplish the above referenced project,and - WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable,and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows: I General Description of Work - The work Under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services,labor,and related- equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. Ill General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive advance approval by the AGENCY.Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings with the AGENCY and/or such Federal,State,Community,City or County officials,groups or individuals as may be requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts.Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. • • Participation for Disadvantaged Business Enterprises(DBE),if required,per 49 CFR Part 26,or participation of Minority Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this AGREEMENT.If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be shown on Exhibit"B"attached hereto and by this reference made a part of this AGREEMENT.If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those • established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.All electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C." All designs,drawings,specifications,documents,and other work products,including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. . A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D"attached hereto,.and by reference made part of this AGREEMENT.Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies, equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. - A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State Auditor,WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit"G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub-contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a - minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants.that they have not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee, commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's 'ANS Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis,or other.basis,during the period of the contract,any professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract,the CONSULTANT, for itself, its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the•Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) - - Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 • (42 USC Chapter 76 Section 6101 et seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"H"in every sub-contract, including procurement of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT,a final payment shall be made to the CONSULTANT as shown in Exhibit"I"for the type of AGREEMENT used; • No payment shall be made for any work completed after ten(10)days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above,then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, vim,, the above formula for payment shall not apply. Page 4 of 8 In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so,and other factors which affect the value to the AGENCY of ' the work performed at the time of tennination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to be a tennination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with thetermination for other than default clauses listed previously. In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel - assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT.hereby agree to complete the work under the terms of this AGREEMENT,if requested to do so by the AGENCY.This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as set forth in the second paragraph of this section. - Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof. Should the AGENCY fmd it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer,whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided, however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to de novo judicial review.If the parties to this AGREEMENT mutually agree,disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning claims will be conducted under the procedures found in Exhibit"K". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT,the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in which the AGENCY is located. Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State,and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the • State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims,demands,or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents,officers and employees;and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE,their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence (2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. • The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. • The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws,including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. • Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts,if any,on the PROJECT.Subject to the processing of a new sole source,or an acceptable supplemental agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration.By providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A.Worker's compensation and employer's liability insurance as required by the STATE. B.Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars($2,000,000)for bodily injury,including death and property damage.The per occurrence amount shall not exceed one million dollars($1,000,000). C.Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT,the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY reserves the right to require complete,certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorizedto do business in the State of Washington.The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million($1,000,000)dollars,whichever is the greater,unless modified by Exhibit"L". In no '*11111 ' case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIV Extra Work , ftd A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in the services to be performed. • B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the AGREEMENT accordingly. C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before fmal payment of the AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit "M-2"Certification Regarding Debarment,Suspension and Other Responsibility Matters-Primary Covered Transactions,Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4"Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over $100,000 and Exhibit"M-4"is required only in AGREEMENTS over$500,000. XVIII Complete Agreement • This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. • XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. '.rrd Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one(1)of this AGREEMENT. By i • By (CV • Consultant At- • (. I Agency -- • • • • vftse • DOT Form 140-089 EF Revised 6/05 Page 8 of 8 Exhibit A-1 Scope of Work Project No. See attached Scope of Work. • Nori Documents To Be Furnished By The Consultant • DOT Form 140-089 EF Exhibit A-1 Revised 6/05 N SCOPE OF WORK • 'CRY drPttireblir PHASE 1 --PROJECT MANAGEMENT Task 1.1 Project Management and Support Measurable Task Objectives Parametrix(Consultant)will monitor the progress of the work tasks,staff work loads,and milestones with the project schedule,and will make adjustments as necessary to keep the project on track.Consultant will work closely with the City of Renton staff and provide project management to ensure that the proper level of effort is being applied to the project tasks and only provide services for what's truly needed to deliver the project. Approach Our approach to the replacement bridge for May Creek will include the following: • Schedule,prepare for,attend,and document project team meetings.These meetings will include consultant and City of Renton staff and will include the following: > Project Kickoff. ➢ TS&L Review. > Assist the City with Public Informational data,if necessary. ➢ 60%Design Review ➢ 90%Design Review. • Prepare a detailed schedule showing all major tasks,meetings and review milestones. • Prepare detailed monthly progress reports and progress billings and submit to the City for approval and payment.Monitor the project budget. • The monthly report,addressing progress of the work,shall Include: - - ➢ A narrative of the work performed and the tasks to be performed in the next reporting period,and if necessary to define delays,problems,responsive action requirements by the Consultant and City,and other project needs. ➢ An update of the schedule progress. ➢ A summary of actual versus scheduled costs. • Negotiate and enter into subconsultant agreements,as authorized by City,to include the following responsibilities: City of Renton 999-1779-999(04) Engineering Services far May Creek Bridge Replacement 1 October 2006 SCOPE OF WORK(CONTINUED) _ - .: > Schedule and coordinate the work of all subcontractors.Maintain necessary surveillance of subcontract work to assure that necessary progress continues. D Subcontract administration and cost control. Assumptions • The following assumptions apply to this scope of work: D All survey will be provided by the City.Additional survey work Task 4 provides more clarification. D. There are no utilities located on or adjacent to the existing or replacement structure that will require relocating. D A TS&L report will not be required. D Right-of way issues will be addressed by Certified Land Services,our subconsultant. D The replacement structure is proposed to be approximately 60 feet in length. D Bridge railing type will be determined by the consultant and the City. Deliverables The deliverables will include: • Transmittal Forms. • Project Invoices and Status Reports. PHASE -2—ENVIRONMENTAL Task 2.1 -Environmental Documentation and Permitting Assistance Measurable Task Objectives Prepare JARPA which will be used for multiple agency review of the project and the Biological Evaluation/Assessment.The Consultant will prepare the SEPA and shoreline submittals required to support environmental regulatory applications. Approach It is anticipated there are endangered fish species in the project vicinity.Three environmental documents will be required to obtain the permits for this project including: • Joint Aquatic Resource Permit Application which is used for: D Army Corps of Engineers permits(NWP 14)under section 404 of the Clean Water Act (CWA), D Washington Department of Fish and Wildlife(WDFW)Hydraulic Project Approval permit(note SEPA determination must be issued prior to submittal to WDFW), City of Renton 999-1779-999(04) Engineering Services for May Creek Bridge Replacement 2 October 2006 i.r SCOPE OF WORK (CONTINUED) • Ecology 401 CWA review,and > Department of Natural Resources(DNR)Aquatic Resources Use Authorization. • SEPA checklist(City of Renton). • Shoreline submittal(City of Renton). - • ESA informal consultation(anticipate a Biological Evaluation/Assessment). Parametrix will request species information from WDFW and DNR,this information will be used for the Biological work;Shoreline submittals and for the JARPA.Parametrix will prepare the JARPA,SEPA checklist shoreline submittals and Biological-Evaluation/Assessment(BE/BA). City will review and edit these documents one time prior to submitting to the agencies.Parametrix will also do QA/QC of the documents during this task.The documents will be prepared for submittal to the appropriate agencies.The Consultant will submit the documents to the agencies and coordinate with those agencies. • Assumptions - • The project will be a Nationwide permit from the Army Corps of Engineer and not an individual 404 permit. • Since the project is replacement of an existing structure the project will not require a shoreline hearing.If the project requires a shoreline hearing and the consultant needs to attend the hearing the budget will need to be amended. • The project is not anticipated to require a DNR Aquatics Lease Lands Authorization.If May Creek is DNR land and a Aquatics lease is required the budget will need to be amended. • This scope and budget includes one public meeting to support the permitting process.If there needs to be additional public meetings,with the consultant in attendance,the budget will need to be amended. • The environmental work does not indude Section 106 consultation with local tribes having interest in the area.If Tribal consultation is required the scope and budget will need to be amended. Deliverables • Draft and final Biological Evaluation/Assessment for ESA consultation. • Draft and final SEPA checklist and Shoreline submittals. • Draft and final JARPA form for submittal to the Army Corps of Engineers,WDFW,Ecology,and Department of Natural Resources. . One hard copy and an electronic copy of the draft and final documents will be provided to the City. City of Renton 999-1779-999(04) Nose Engineering Services for May Creek Bridge Replacement 3 October 2006 SCOPE OF WORK (CONTINUED) NIS PHASE 3—FOUNDATION INVESTIGATION AND REPORT Task 3.1 -Foundation Investigation HWA GeoSciences,Inc.,will provide geotechnical services and foundation design recommendations.One boring will be made at each proposed abutment to a depth of approximately 40 feet.HWA may adjust the depth based on conditions encountered.It is anticipated that two additional 10 foot borings will be drilled about 50-75 feet away from each abutment along the approach embankments,to investigate near surface soil conditions for new embankment fills to. accommodate tapers.Core samples will be taken,and tested to determine foundation and road approach recommendations.After consultation with the City and Consultant on foundation recommendations,HWA will provide a geotechnical report with investigation and test results,and engineering design recommendations. A Gradation analyses will be performed for selected soil samples retrieved from the two borings and at the proposed abutments.The gradation analysis will be for the soils between the ordinary high water mark and the bottom of the borings.The boring depth below ordinary high water is anticipated to be approximately 34 feet.The borings and laboratory test results will include an evaluation of engineering characteristics of the site soils,including natural moisture content,unit weight,relative density/consistency,etc. The soil analysis will also provide the angle of repose for the soil material,based on correlations with index properties. Assumptions The foundation requirements for the new bridge will likely be dictated by the compressibility characteristics and liquefaction potential of the site soils,which will need to be evaluated with soil borings.Either or both of these considerations may necessitate the use of deep foundations.Because the existing bridge is supported on timber piles,we anticipate that driven piles will be appropriate, if deep foundations are required.However,if competent,non-liquefiable soil is encountered at reasonable depths,shallow footings may also be appropriate.Under this scenario,construction dewatering may be required to facilitate temporary excavation to the required foundation depth. Subtasks within this task are as follows: • Perform field exploration and laboratory testing to establish subsurface conditions. • Analyze field and laboratory test data and develop geotechnical recommendations for design and construction of the bridge structure.Analysis shall include reviewing available geotechnical data, evaluating the use of spread footings and driven piles.Evaluate lateral earth pressures to be used in conjunction with abutment wall designs,and provide recommendations for grading and compaction. • Prepare and submit a foundation report summarizing field observations,subsurface conditions, laboratory test data,results of analyses,construction issues,and geotechnical recommendations for bridge foundations. Deliverables • Draft and final geotechnical report. ay of Renton 9994779-999(04) Engineering Services for May Creek Bridge Replacement 0 October 2006 'woove SCOPE OF WORK (CONTINUED) PHASE 4—ADDITIONAL SURVEY WORK Task 4.1 —Additional Survey Work • At the present time Perteet Inc.,is under contract with the City to provide survey services. Per • conversations with Mr.Jim Huber at Perteet Inc.,there is sufficient budget remaining in their existing contract to-complete the Record of Survey and Right-of-Way-Exhibit(one document).No additional services will be required under this scope of work.PMX,however,will manage the remaining portion Pertect's contract pertaining to the bridge replacement and the coordination with the Right-of-Way services. PHASE 5 -RIGHT-OF-WAY SERVICES The right-of-way element of this project consists of negotiating and affecting a trade of lands between the City of Renton and King County Parks,in support of the May Creek Bridge - Replacement project. • The City has vacated road right-of-way that_runs through King County Parkland.The Tasks - - outlined below detail the specific activities to be done to complete negotiations for this land trade and-to affect a legally documented exchange of lands. CERTHIIED Land Services will be retained as a subconsultant to Parametrix to complete these tasks. ,, Task 5.1 —Project Management Assumption: • PMX will act as the general right of way project manager. Approach • Prepare a project schedule for the right of way phase.Monitor and update the schedule as needed. • Prepare and submit a monthly progress report that will include identification of work performed in the previous month's schedule,measures for mitigating schedule slippage,if necessary,and identification and discussion of potential problems that may arise,including issues resolution. • Post on line status reports and complete document files for review and real time access of status reports and diaries. • • Manage quality in coordination with the PMX's Project Manager. Task 5.2—Preparation • • Approach • Review all documents,files,maps,title reports,legal descriptions and other information provided. Errors,questions,and clarifications will be reviewed and discussed. City of Renton 999-1779-999(04) vim,, Engineering Services for May Creek Bridge Replaceament S October 2006 • SCOPE OF WORK (CONTINUED) '' Task 5.3—Appraisal Assumptions • No appraisals or appraisal reviews will be needed for this land exchange as it is a working assumption that this will be an even exchange of value.If either party determines that a documented valuation of the land to be exchanged is required an administrative abbreviated statement of value for either or both properties will be provided. Task 5.4-Administrative Assumptions • All forms and conveyance documents will be WSDOT templates. • All legal descriptions and exhibit maps will be provided by under the survey task. Approach • : . . • Provide signature ready legal documents that will be used to convey fee rights for all parcels. • Title Reports will ordered by CER11IilED assuming a maximum of four parcels. • Maintain all records,files,documents and reports in accordance with statutory and WSDOT(lead agency)guidelines and regulations to ensure compliance with those funding source requirements. • Provide the city with written status reports on a monthly basis and will provide verbal status reports on demand,as requested. Task 5.5—Negotiation Assumptions • Agents will actin good faith at all times. • Staff will never coerce owners in an attempt to settle parcels. Approach • Prepare a Memo of Understanding describing the intent of exchange of lands which both the City and King County Parks will sign to memorialize their understandings and as support for the exchange. • Employees will provide detailed written diary for the transaction. • Staff will transmit organized files containing all pertinent information,documents,forms,diaries, and Disclaimer Statements. City of Renton 999-1779-999(OI) Engineering Services for May Creek Bridge Replacement 6 October 2006 'SII SCOPE OF WORK (CONTINUED) Task 5.6 Closing and Conveyance Assumptions • • Title Clearance is not required for this exchange. • It is assumed that there are no liens or encumbrances on these.properties. Approach • Provide the City with complete files at the close of negotiations for each parcel.Included in our • transmittal packages will be conveyance documents ready for the City to record. PHASE 6—FINAL PLANS,SPECIFICATIONS, ESTIMATE TASK 6.1 —Roadway.Engineering It is anticipated that there will be no change in the horizontal alignment of the existing road.The existing vertical alignment will be maintained as dose,as possible.The limits of the roadway • improvements will be defined by the end of the guardrail tapers.Guardrail layout will be designed to accommodate the existing dirt road on the North West side,and may require a design exception analysis.Alternatives for structure type and road approach work will be developed with input from the City during the kick-off meeting.The existing roadway profile may be raised slightly to accommodate the revised structure depth and the 100 year design flow depth once determined. Name Assumptions • The horizontal centerline of NE 31"Street will not change.The wider replacement structure will maintain the same centerline and taper back to the existing roadway on both sides. • It is assumed that silt fence and check dams will be adequate for erosion control and that sediment ponds will not be required. Deliverables • Final Roadway Plans •• Erosion Control Plan - • Traffic Control Plan Task 6.2—Hydraulics Consultant will perform a basin analysis to determine hydrology for the-project.A model will be - prepared using HEC-RAS for the existing and post-project conditions for up to two foundation alternatives(driven piles or spread footings)to calculate the 100-year design flow depth velocities and water surface elevations.A scour analysis will be performed for up to two foundation alternatives for the 500-year design event to assist in determining bridge foundation type and design stream bank protection. OV of Renton 999-1779-999(04) Engineering Services.*May Creek Bridge Replacement 7 October 2006 SCOPE OF WORK (CONTINUED) The hydraulic analysis will be performed by: • Perform one site visit to observe general stream conditions for Manning's"n"values,obtain water temperature information for estimating variables associated with the scour analysis,and obtain photographs for inclusion in the Hydraulics Report. • Use flow rates from the King County 1995 stream analysis for the 100-year design event.This flow rate is based on discharge at the mouth of May Creek.Based on Parametrix's experience with a • previous project in the study area,King County's projected flow rates are higher than those used in the Flood Insurance Study. • Use the FEMA flood plain model or input data provided by the City.The model will be used to determine Manning's"n"values based on comparison to current stream conditions.The model will also be used to review cross-section data at and downstream of the bridge.Previous cross-section data is needed to determine if the previous model was based on current or original bridge opening. Downstream cross-section data is needed to estimate the downstream flood plain width and elevation if the previous FEMA model is based on a smaller bridge opening. • Develop a model based on surveyed cross-sections,flow rates at the mouth,of May Creek,up to one upstream and six downstream cross-sections used in the Flood Insurance Study after conversion to project datum.The model tailwater will be based on FEMA model elevations converted to the project datum. The results will be compiled into a draft and final Hydraulics Report. Based on limited budget,a long-term aggradation/degradation analysis is not included but can be performed if directed by the City.Parametrix has performed an aggradation/degradation analysis for a stream reach downstream of the bridge vicinity.The results of that analysis can be discussed with the City as the project proceeds,and an aggradation/degradation analysis can be performed for the project area if directed by the City. The 2001 May Creek Basin Action Plan will be reviewed to determine if there are any applicable requirements. Assumptions • Survey data for stream cross-sections will be obtained by the City based on the assumptions in Phase 1 Task 1. • City staff will research the availability of record drawings that indicate existing ground elevations and soil types.This information,if available,will be used to compare the changes in channel location and depths that have occurred since construction of the existing bridge. • Hydraulic modeling of May Creek,fur the 100-year design event,will be based on King County rather than FEMA flow rates due to higher flow rates estimated by the County. • Hydraulic modeling of May Creek for the 500-year design event will be based on FEMA flow rates. • If the City does not have a copy of the FEMA model or the back-up data,the model will be obtained from FEMA as a reimbursable expense. G7ry of Renton 999-1779-999(04) Engineering Services for May Creek Bridge Repl cennenl 8 October 2006 1 SCOPE OF WORK (CONTINUED) • Geotechnical data for the scour analysis will be obtained by HWA GeoSciences,Inc.,as part of Phase 1 Task 3. • Hydraulic and scour analysis will be completed after receiving survey and geotechnical data. • Scour analysis will be for clear-water scour rather than live-bed scour. • Sediment transport into the project area from upstream erosion is not included but can be provided if directed by the City. • There are no applicable requirements from the 2001 May Creek Basin Action Plan to the hydraulic or scour analysis.. • Site visit will be performed from Parametrix's Bellevue office. • Hydraulics Report is assumed to contain 10 pages of text,10 color graphics,50 pages of appendices, 4 pages of color photos • There will be no scour analysis for the existing bridge. • • Model calibration is not included but can be provided if directed by the City. Deliverables • Draft and Final Hydraulic Report Three copies will be submitted to the City,one copy will be retained in Parametrix's Library and one copy in the project file. Task 6.3—Bridge The new structure will be designed to span the creek channel as determined by the environmental studies and may allow for grading the banks back to closely match their original section. The Consultant will prepare a 60%review submittal and a complete set of 90%plans, specifications,and estimate in accordance with the requirements of the State of Washington, Department of Transportation,Standard Specifications for road,bridge and municipal construction dated2006.The structure will be designed in accordance with the requirements of the AASHTO LRFD Bridge Design Specifications Third Edition 2004.Seismic design will be analyzed using the acceleration coefficient and soil profile type provided by the Geotechnical Engineer. Consultant will review recent City projects for bid item values to aid In setting unit prices and prepare a complete engineer's estimate and construction schedule.Parametrix's senior staff will perform a QA/QC review of all materials prior to submitting to the County for review and consider this our 100%submittal in order to minimize City staff's review effort.Consultant will then incorporate City staff's comments and revise plans,specs,and estimates and construction schedule for delivery to the City in electronic and paper prints(plans in 1.1"x17"format).Included in the final submittal will be a load rating of the structure and a binder of the design calculations. Assumptions Our scope includes the following structural assumptions • A Type,Size,and Location study will not be required. Coy of Renton 999-1779-999(04) fir. Engineering Services for May Creek Bridge Replacement 9 October 2006 SCOPE OF WORK (CONTINUED • Bridge will be straight with abutments at zero or constant skews. • Bridge will be a single span bridge consisting of prestressed concrete elements. • Bridge will be phase constructed with one lane traffic open at all times. • Retaining wall design beyond the abutment wingwalls is not included. • Drainage details will be in conformance to the requirements of the environmental documents and civil design.Sediment ponds will not be required. • A reinforcement bar list is not required. • 1 Interim submittal and 1 Final submittal.Review comments shall be submitted back to the consultant within 3 weeks of the design submittal. • Only one review meeting is assumed. • Post-design services are not included in this scope and fee however these services are available. • A load rating,using BRASS,of the replacement bridge is included. • Washington State Standard Specifications 2006 will be used. • The new bridge will be designed in accordance with AASHTO LRFD Bridge Design Specifications Third Edition 2004 will be used.Live Load will be BL-93. • A construction cost estimate will be prepared. Ned The attached drawing list and estimate outlines our proposed deliverable.It is assumed the duration of the design work will be 12 weeks and our deliverables will be a final set of sealed plans, specifications and calculations. Deliverables • 90%Plans,Specification,and Estimate • 100%Plans(ncluded a full size set of mylars),Specifications,and Estimate • Bridge Load Rating • Bound set of the project design calculations. PHASE 7—BIDDING ASSISTANCE Task 7.1 -Bidding Assistance Consultant will provide bidding assistance and prepare and document addenda as needed. Consultant will also attend the pre-bid conference,if applicable,and prepare a revised set of plans and specs based on any addenda changes.Consultant is available to provide any construction support and/or inspection services under a separate contract. City of Renton 999-1779-999(04) Engineering Services for May Creek Bridge Replacement 10 October 2006 lommie " SCOPE OF WORK (CONTINUED) • Assumptions • Construction Services not included in this contract. Deliverables • Addenda(up to two) • Attend Prebid Conference Prebid Conference Meeting Minutes. PHASE 8—QA/QC TASK 8.1 —QA/QC Goal • Comply with all applicable QA/QC Standards and Procedures. Approach Quality is a critical element to the reliability and success of the planning,design,and construction effort.Our goal under this task is to ensure that we commit to quality,and through a systematic New* utilization of checks and balances,deliver a project that is fully in conformance with both the standards of our profession and expectations of the Client. Utilizing the standards and procedures established by Parametria as a base,we will develop an appropriate plan for quality,to ensure proper documentation of process design,peer and senior staff review,and other factors,as appropriate. PHASE 9—CONSTRUCTION SERVICES(CONTINGENCY) This phase is not part of the budgeted scope of work;however,it may be incorporated as a future amendment.Services that may be considered under this phase may include: • Project management and administration > Project meetings. > Project coordination. > General construction correspondence. D. Progress reports. > Progress payments. > Change order processing. • Construction observation and documentation. > Construction observations. aty of Renton 999-1779-999(04) Engineering Servkezfor May Creek Bridge Replacement II October 2006 • SCOPE OF WORK (CONTINUED .4410 D Field records. D Traffic control monitoring. D Project scheduling. D Final walk through. • Project Documentation. D Shop drawing reviews. > Material acceptance and quality control. D Punch list documentation. • Management reserve. > Work not covered from other tasks. D Cost overruns. i City of Renton 999-1779-999(04) Engineering Servicer for May Creek Bridge Replacement 12 October 2006 • ''air SCOPE OF WORK (CONTINUED) Proposed Drawing List Dwg. Sheet Sheet Number Number Description - 1. Cl Cover Sheet 2. C2 Demolition and Erosion Plan 3. C3 Roadway Plan and Profile Ji 4. C4 Civil Details and Roadway Sections 5. C5 Traffic Control Plan 6. Si Plan and Elevation 7. S2 General Notes and Construction Staging 8. S3 Foundation Plan 9. S4 Abutment Plans and Elevations 10. S5 Abutment Details and Foundation Details linse 11. S6 P/S Superstructure Element Detail 1 12. S7 P/S Superstructure Element Detail 2 13. S8 Guard Rail and Traffic barrier details Got of Remon 9994779-999(04) NNW Engineering Servicer for May Creek Bridge Replacement 13 October 2006 P corm ol4w. City of Renton May Creek Bridge Replacement BUDGET SUMMARY { Labor Inflation Amount A6luelment OvaAlarl Pn1W LAW SubWYI 69ansis Eapenea 641M4.lp Espana.Swami Suboonlioltants Sub Ma41.19 Submn6y W Tong Rags I 80.0% 165% Phase TeakSignatures 1 Managnment 1.1 Project PUanepement ..—.__$705--'--a$1.426 $220-"- 311 su — $2.4111 Patio 1.1a Tenni 1.445,5101.445,510 $130 $1 $242 $37 5411 1.1b Correspondence 5130 $1 $242 537 $411 _ 5411 1.1e Progress Reports $260 32 $166 $75 $821--...,_ ......................_..__ ._.._ _-._$821 2 Environmental -- --_--- _�------- 21 Environmental Doawnsgtlon —59.92! S79 $16,606 $2,661 _Ran__s65 — _7 . • Foundation lnvestlgagon. -- 3.1 Foundation_lnvesiodon $316 $3 $559 $91 $996 $46 545 $16,125, $15,125 $16,169 1 Ad660na1 Survey Work -' _ ^'_ _ 41 Additional Survey Work i 5600 A._ $1,263 $195 $2,174 $2,174 Ruled Manager•OM* 5 RightOfiNaY Serviceslitlil ..-------Pn1leaM neoemera $44e:- .._......'$4 $831' Sub $140/' 5260 5540 5240 5.1 , ;1,6W s+ $2.945 62 Preparation 53 Apprigsa - _ MO 3760 $750 DA Administrative pea $1 $347 $53j 5667 $557 S' Nap6tletl0n $___.... -. __......._` 36,1!0 $6,1!0 56.140 Division Uula9sr•Oete 5.0 CbMn9 and Convaw _..._ er .-.� ---- .--5. Final Mani.SpadScatlons,asthma .,....._. .,,__-._.._._...___._ a.l Rosdoay End11wY1g 56.984A $561 $17,987 i $2901 $22,007 3100 $100 ._' $22.106 42 Hydraulics $2,780 $22 $6,148 5795 35}zs' 5107 _._.__-... 3397 $9.031 6.388690 $14.912 $115 $27800' $4254 $471123�• J67'- $47,190 —..� _...._._.._..._... $59 $89 Principal•Date 7 Bidding Aselno stae ,_,—,•__-,_, _ _..�_-- 7.1 Bi00'vg,Asaistenee -- 3832 $5 $1,175 $181 $1,995 $1.906 9 OA OC ---SI OA/OC ----.. $390 $3 $727 $712'-.�..--$1,232 —.,- _ .-. . 51232 e ConeWctlon Servicas(Contingency) �_ 9.1 Coneuue6on Servlpe TOTAL — 5 $71,796 311.0$0 $696-- $22,813 --._. $38.s0i $30M2310 3148.174 Project Delivery system • Pape 1 0+1.SUMMARY Re Nana:Copye1Budget21.arge.10,2$.o6Yts Ow Nene*1027!1605 • Roam ol.P0.4diir max PARAMgtRIX • • City of Renton May Creek Bridge Replacement LABOR Labor G .• Senior Prled Pnled Roadway Hydrologut Em4on' Sr.Soenoto doga Bit Coordhator CADD Admin Word ProvAmount Mena•er /Mr Reins liallialliallia 54209 Ilia�� S3O.29 $21.48 �4'qr""�"� cM fI � � 1 Pilau Tuk Demotion `F 1 ' l . I ' S. Project Management ��_ �= = -1.1 Project Design --... 11111111111111 ^M__ 111E� __ 5130 .._.__1.lb ComaskonAince Codon Team Meetin•s = �.1111111111 - 5130 •1.te Pro0ress Raaorts _, - �� 5280 2- Environmental •2.1 Envummentai Documatat on • 2 8 � 98 79 50'� ---� S S." Foundation Investigation ����_— ��� 1M -3.1 Foundation Investigation ©_�_— -- 1111111111111 S318 __ 5318 4• Additional Survey Work................ --OIIIIIIIIIIIIIIIOIIUIII •4.1 Additional Survey wark ��—_ 5088 �� =� 6.t aa Services Management .._,-. ___ IIIIMMIMIEE • :5.2 ak ,_.-................ _.._ � — M 63 � ME -a4 Administrative —.—��- �EIN_�_- $186 -6.5 Negotiation •-66 Closing arW-Corrvaywnce • 1111111111ME-- 8• Final Plans,Specification,Estimate - � - -a1• RoadrrayEngneenng --'- E.,-==i-.-m .6.2 Bridge 4 14.912 .6.3 Brld9. ..............-.--•_--. 40 170 -Eli 1111—• �� 192 � S1s,912 7r BbtlktgAsslstanp.-. ..-_-!'—_ -7.1 Bidding Assistance_...-. V El= Ci... —�MI C $612 6- (WOGQWQC __._.............__...__ Iniii.1111.11.11 s,90 .9•1 . afx TI 6 B. Construction Services(Contingency) •9.1 Construction Services ..._ =0 ' ___ 11011111111111111111.11MEMIMMI __ .l •TIIMENIN El ' • 7;17. :7___-.---- _.L.__fra===.-- M--m TOTAL 49 94 • 177 e4 58 62 98 79 28 270 27 . 76 538,501 Project DeavelySYwm Page 1 of 1-LABOR File Name:Copy of Budget X10-26 06.>as . •,$)ETRIX Fenn 014 I O9106 , City of Renton • May Creek Bridge Replacement EXPENSES Subconsultants Categories mileage copies pots fax Color Prints Postage MF em Misc. Erasenses NWA 36osc4nces Certified Land Ssrvtas Sub 3 ION Rates $0.445 50.05 $1.00 $1.00 $2.00 $4.00 $150.00 $1.00 .. ...;::: labor Exp Labor Exp Labor Exp Total i - Phase-Task Description - H i` .,.• -.- - - --., . __. .. _ _.,a -... t• Project Management _ .... , -- ----- -1.7 Project Mwgemsnt _ 1.ie^oosAn Team Meetings - ---j-- 1.lb Correspondence 1.lc__ P _ . _ ._ _-. -- r 2• _ Environmental `• -- -2.1 Environmental Docurtgtaton-.... 100 401 sea 1. Foundation Investigation .M_ --....."'- - -, _ 1 { 4- 15.i23 -^ 1 H._..—a t Foundation Investigation 100 76 ---._..__. $48 $15.123 I 5 4- Additional Survey Work '-'� " ___. . - , .__. -- r .4.1 Additional ,l Survey Work 11 _ _ 6- Right-or-WayME 5250 r-Way Services.....___.._..._...-._._ .._. • •5.1 Project Management + { 1 s1.34q acl st. -5.3 Arakelsai —,-'------- 1 ' $700 5760 •5.5 Negotiation ' ` r $6,140 - 56.140 5.6 Mein*,sndCanvna _-.- ,.- Final Pyne,Specifications. -.-..-_,-.._._. -.... ._..._..-______-_......._... e 6• Estimate ,.-._____ -..- _-.. _.._.__.-.....-.� -1-'.. _. r. -8.t Roaovray Eng' 100 100_ 50 _� $700 ._.___.__._.� ..__._..._... _6.2 itctraulics. 50 500 60 1 $3071 -'- -- •8.3 8rida100, 60; I 6' $87 r -7-" 1 — 150-_�50_ 5 sae -- _7- Bidding AssistanceT-- _--_._ -7.1 Aael6tarnCe - , -- a• OA/OC - . _--'---1r'._- -. , - -61 QArQC _.�r ._._.._ --4- -- -- Construction Services -4 1 _ - 6• (Contingency) _..._._.0.1 Construction Services ..____.�._.._.._-- - _. .!.-... , I TOTAL 600 775 50 40 50 10 I' 605.75 $15.123 $8.44f1 $250 $29.613 Proms Delivery System Pegs 1 of 1•EXPENSES Ful Nines'Copy of Budget 2 Large•10.25-06.rds Osie Printed 10/27/2006 Now Proposal for Geotechnical Engineering Services - HWA Ref: P5623 May Creek Bridge Replacement Project ONI} GEOSCl6NC SING Date: 13-Jun-06 Renton,Washington Revised Date: 27.Oc-06 i D,f11/F.QA Scope of Work: (hill four test borings,perform laboratory testing,and conduct engineering analyses. Prepare draft and final geotechnical reports with seismic evaluations,foundation considerations,and carthwodc considerations. • ;;,s ' „.a rj.�'..' �'r ' ='� �' "',.._ .... ,�.4 ='•'M } :s'' z - ESTIMATED HWA LABOR: PERSONNEL&2006 DIRECT LA)OR RATES WORK TASK- - • _ Principal Pro).Mgr Fngr.Meol. CAD Admin TOTAL TOTAL DESCRIPTION $60.91 336.06 $25.96 $19.23 $18.03 HOURS. AMOUNT Geotechnical Engineering Investigation Coordinate field explorations and obtain utility clearances 4 —_-- 4 $10.1— Conduct 104Conduit field investigation n(two 40-foot and two 10-foot dap borings) 20 20 $519 Prepare boring logs,assign laboratory tests 4 - 4 $104_ Engineering analyses - 4 24 28 $767 Draft and final geotechnical repasts 2 4 12 r 4 4 26 $727 Provide inert to gootodudcal related aspects of the plans&specifications 4 8 12 $352 Participate in project team meetings 8 4 12 $392 Providepro manage meat of geotadmical tasks 8 8' $288 iiia: kBbti.: ::::: ::•:::::: : ::::::: : :::•::::::' . .... ::::::•:•:: :: a:: :::::::;<6::; ::•: :�: : ::4: r;:•i1 ;44: LABORATORY TEST SUMMARY • Est No. Unit Total Test -Tests Cost Cast Moisture Content 20 $8 . $160 Modified Proctor(Compaction) 1 $150 $150 Grab Size - 6 $70 S420 Attcrberg Limits(plasticity index) 2 $70 2140 �?Q3'J�'1:r1:.ABO}t�','COIF!t':7ElS.{?Ii�DC,�,::-:=:� :'.�:� '�'•_•=: ::•:�:� :::`.�:�:�: � :�:�: �.`�:�:�:�: �:��:� :`.-:�::�:�:.:.::•:::3870. ESTIMATED DIRECT EXPENSES: Laboratory Testing(see details abo) - S870 Field Supplies and Report Production $100 Mileage($0.445hnile) _ $110 Drilling Subcontract(see attached worksheet) $3,715 7't3T11.T:33�iR1gC.'1• '>E:NSSS::�................ . ................... ............ .::'.s4.RRS�: HWA TOTALS AND SUMMARY: Direct Salary Cost(DSC) S3,254 Overhead(OH)at 1.8446*DSC $6,001 Fixed Fee(FF)at 33%of DSC - — $1,074 Direct Exlcoses - $4,795 P.RalWT.TQTAi::= • • : ::=:= : '::: ::: ::: :::•. ::: • :: -:=: ; 23 • Notes: 1. Our current overhead rate has been approved by King County. 2. The Individual labor estimates for each subtask are not fixed. The project manager has the discretion to increase/decrease labor hours for each subtask,within the total budget as necessary. • 3. This estimate excludes construction support services. A detailed work scope for construction services will be developed at a later date. Geotechnical Engineering Services Project No.: P5326 May Creek Bridge Replacement Project: May Creek _ Renton,Washington Client: City of Renton By: DJH DRILLING SUBCONTRACT Rate Quantity Subtotal 4 Borings Truck-Mounted Drill Rig Mob&Demob $500.00 /each I total $500 Borings Drilling-Hollow Stem $15.00 /ft 100 ft $1,500 ,>50 ft $18.00 /ft 0 ft $0 Extra Samples;SPT $18.00 /sample 10 samples $180 Setup,Moving,Installation $150.00 /hr 4 brs $600 Drill Cuttings Disposal $100.00 /drum 0 drums $0 Bentonite Chips(hole backfill) $9.00 /sack 30 sacks $270 Piczometers 2-inch PVC Pipe and Fittings $5.00 /foot 20 feet $100 . Monument cover $125.00 each 1 total $125 D.O.E.Fees $56.00 /each 1 total $56 Ready mix(surface patch) $10.00 /sack 8 total $80 Traffic Control Sign and Cone Rental&Setup $100.00 /day ' 0 days $0 Subtotal $3,411 State and Local Sales Tax 8.9% $304 Subtotal $3,715 Subcontract Contingency 0.0% $0 Subcontract Total $3,715 ,t. +'\i�'.// R a .s•s<._ •ice 'K o-T•*7 ,i j4.• LAND SERVICES CORPORATION • SCOPE OF WORK: May Creek Bridge-Replacement COST ESTIMATE This proposal is based on.charging only for those hours worked. The outline of tasks and hours provided above are a guide to our understanding and approach to work. PROJECT MANAGEMENT Senior Project Manager: 10 hours @$154 per hour= $1,540 NEGOTIATION Senior Acquisition Agent: 60 hours @$95 per hour= $5,700 Administrative Support: 8 hours @$55 per hour= $440 • APPRAISAL If statements of value are needed to support the exchange of land CERTIFIED will prepare a letter statement of value backed up by market data research used to determine estimated value. 8 hours @$95 per hour= $760 jtEIMBURSABLES - In addition to the above costs, reimbursable costs such as mileage, postage, phone and fax charges,or other reasonable costs will be billed at straight cost. Estimated Reimbursables= $250 TOTAL ESTIMATED COSTS= $8,690 NOTE: - IT IS OUR COMMITMENT TO PROVIDE YOU WITH EFFECTIVE AND COST EFFICIENT SERVICE. SINCE WE WERE NNW ASKED TO PROVIDE A NOT TO EXCEED COST ESTIMATE,WE HAVE PROVIDED THIS ESTIMATE FOR YOUR BUDGETING PURPOSES. ALTHOUGH IT CANNOT BE GUARANTEED,IT IS OUR GOAL TO DELIVER This PROJECT WELL WITHIN THE ABOVE TOTAL ESTIMATED COSTS. WE WILL UNDER NO CIRCUMSTANCES EXCEED THIS ESTIMATE WITHOUT YOUR FULL CONSENT AND APPROVAL. Authorization The scope of services and contractual conditions as described in this proposal are accepted and CERTIFIED Land Services Corporation is authorized to proceed. By Signature* Printed Name For Firm/Municipality* Date *Name of person with contractual authority and firm responsible for payment of CERTIFIED Land Services Corporation billing. • Exhibit D-2 Ned Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter.Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies,equipment,and incidentals necessary to complete the work specified in Section II,"Scope of Work."The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs:Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee.The actual cost shall include direct salary cost, overhead,direct non-salary costs,and fixed fee. 1. Direct Salary Costs:The Direct Salary Cost is the direct salary paid to principals, professional,technical,and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT.The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs:Overhead Costs are those costs other than direct costs,which are included as such on the booksof the CONSULTANT in the normal everyday keeping of its books.Progress payments shall be made at the rateshown in the heading of this AGREEMENT under"Overhead Progress Payment Rate."Total overhead paymentahall be based on the method shown in the heading of the AGREEMENT.The two options are explained as follows: a. Fixed Rate:If this method is indicated in the heading of the AGREEMENT the NomOi AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown.This rate shall not change during the life of the AGREEMENT. b. Actual Cost If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit,up to the Maximum Total Amount Payable,authorized under this AGREEMENT,when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit"E"attached hereto and by this reference made part of this AGREEMENT.When an Actual Cost method is used,the CONSULTANT(prime and all sub-consultants)will submit to the AGENCY within six(6)months after the end of each fine's fiscal year,an overhead schedule in the format required by the AGENCY(cost category,dollar expenditures,etc.)for the purpose of adjusting the overhead rate for billing purposes.It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. Nerod DOT Form 140-089 EF Exhibit 0-2 Revised 8/05 Failure to supply this information by either the.prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY,STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books andrecords at any time during regular business hours to determine the actual overhead rate,if they so desire. 3. Direct Non-Salary Costs:Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT.These charges may include,but are not limited to,the.following items:travel,printing,long distance telephone,supplies,computer charges and fees of • sub-consultants.Air or train travel will be reimbursed only to economy class levels • unless otherwise approved by the AGENCY.The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air,train,and rental car costs)in accordance with the AGENCY'S Travel Rules and Procedures.However,air,train,and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR)Part 31.205-46"Travel Costs."The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT.The CONSULTANT shall maintain the original supporting documents in their office.Copies • of the original supporting documents shall be supplied to the AGENCY upon request. • All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee:The Fixed Fee,which represents the CONSULTANT'S profit,is shown in the heading of this AGREEMENT under Fixed Fee.This amount does not include any additional Fixed Fee,which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work.In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work,the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee.The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings.Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment,subject to the provisions of Section IX entitled"Termination of Agreement." 5.Management Reserve Fund:The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT.This fund may not be replenished.Any changes requiring additional • costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV,"Extra Work." r 6. Maximum Total Amount Payable:The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT.The Maximum Total Amount Payable is comprised of the Total Amount Authorized,and the Management Reserve Fund.The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV,"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments:The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work.Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III,"General Requirements"of this AGREEMENT.The billings will be supported by an itemized listing for each item including Direct Salary,Direct Non-Salary,and allowable Overhead Costs to which will be added the prorated Fixed Fee.To provide a means of verifying the billed salary costs for CONSULTANT employees,the AGENCY may conduct employee interviews.These interviews may consist of recording the names, titles,salary rates,and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment:Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,reports,electronic data and other related documents which are required to be furnished tinder this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment,which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance.Said Final Payment shall not,however,be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. 44101 The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit,all required adjustments will be made and reflected in a final payment.In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30)days of notice of the overpayment.Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment.The CONSULTANT has twenty(20)days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY,STATE and the United States,for a period of three (3)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception:if any litigation,claim or audit arising out of,in connection with,or related to this contract is initiated before the expiration of the three(3)year period,the cost records and accounts shall be retained until such litigation,claim,or audit involving the records is completed. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant • (Refer to Agreement, Section IX) Lump Sum Contracts - A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT.In addition,the CONSULTANT shall be paid for any authorized extra work completed. - Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra work completed. • Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Harr Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. Avow DOT Form 140-089 EF Exhibit I Revised 6/05 Exhibit M-1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am Ellen L.Watson and duly authorized representative of the firm of Parametrix,Inc. whose address is 1231 Fryar Avenue,Sumner,WA 98390 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure the AGREEMENT; (b) Agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT;or (c) Paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution,donation,or consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT; except as hereby expressly stated(if any); • I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. X11 $0 Date Signature DOT Form 140-089 EF Exhibit M-1(a) Revised 8/05 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Renton Washington, and that the consulting firm or its representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: • (a) Employ or retain,or agree to employ to retain,any firm or person;or • (b) Pay,or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or - - consideration of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation,in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. • Date Signature • DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal,state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph(I)(B). of this certification;and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 411001 Consultant(Firm): Parametrix,Inc. 1d1OW, (Date) (Signature)President or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-2 Revised 6/05 • Exhibit M-3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying - The prospective participant certifies,by signing and submitting.this bid or proposal,to the best of his or her knowledge and belief,that: 1. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"'Disclosure Form to Report Lobbying,"in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): Parametrix,Inc. a l (4 (Date) (Signature) esident or Authorized Official of Consultant DOT Form 140-089 EF Exhibit M-3 Revised 6/05 Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that,to the best of my knowledge and belief,the cost or pricing data(as defined in valid section 15.401 of the Federal Acquisition Regulation(FAR)and required under FAR subsection 15.403-4) submitted,either actually or by specific identification in writing,to the contracting officer or to the contracting officer's representative in support of Scope and Budget emailed October 11,2006 * are accurate,complete,and current as of October 11,2006 **.This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm Parametrix,Inc. Name Ellen L.Watson Title Principal Date of Execution*** 16 1 j (1 (Oleo * Identify the proposal,quotation,request for price adjustment,or other submission involved, giving the appropriate identifying number(e.g.,RFP No.). ** Insert the day,month,and year when price negotiations were concluded and price agreement was reached. i.rrr� *** Insert the day,month,and year of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140-089 EF Exhibit M-4 Revised 6/05 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2006-2011 SIX-YEAR TIP May Creek Bridge Replacement Functional Classification: N/A Fund: 317 Proj.Length: N/A Proj: 12503 RANK: 19 CONTACT: Jason Fritter 425.430.7243 DESCRIPTION: STATUS: Completely reomve the existing bridge structure and the timber piers within the waterway. Replace with a The May Creek Bridge is scheduled for routine inspection in 2005. The findings will be single span,concrete structure supported on concrete abutments. Adjust the alignments of both used to apply for BRAC funding in 2005. WSDOT Bridge Preservation will determine approaches to conform to the increase in bridge deck height. This replacement will require some right-of- eligibility for bridge replacement funding. way acquisition due to the adjustment of the alignment and the new bridge location. JUSTIFICATION: CHANGES: The existing structure is four feet below the 100-year flood water level standards set by WSDOT. The New project. Split off from the Bridge Inspection and Repair Program. bridge deck is supported by a timber pier that is vulnerable to the weakening effect of rot and damage from debris flows. Failure of this pier would cause immediate collapse. The timber abutments are showing evidence of rot and deterioration. I Funded :I 835,0001 Unfunded :1 , Project Totals Programmed Pre-2006 Six Year Program , ITEM Programmed Spent Pre-2005 2005 Total 2006 2007 2008 2009 2010 2011 EXPENSES: . Project Development 130,000 130,000 \ 120,000 10,000 . Precon Enq/Admin R-O-W(includes Admin) 650,000 650,000 650,000 Construction Contract Fee 55,000 55,000 50,000 5,000 , Construction Eng/Admin _ Other _ TOTAL EXPENSES 835,000 835,000 120,000 710,000 5,000 SOURCES OF FUNDS: Vehicle Fuel Tax Business License Fee 75,000 75,000 70,000 5,000 Proposed Fund Balance 760,000 760,000 50,000 710,000 Grants In-Hand Mitigation In-Hand Bonds/L.I.D.'s Formed . Other In-Hand Grants Proposed - Mitigation Proposed L.LD.'s Proposed _ Other Proposed Undetermined . TOTAL SOURCES _ 835,000 835,000 120,000 710,000 5,000 May Cowl, mazes a 22 AM 5-19 FINAL CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2007-2012 SIX-YEAR TIP May Creek Bridge Replacement Functional Classification: N/A Fund: 317 Proj.Length: N/A Proj: 12503 RANK: 21 CONTACT: Jason Fritzler 425.430.7243 DESCRIPTION: STATUS: Completely reomve the existing bridge structure and the timber piers within the waterway. Replace with a The May Creek Bridge was inspected in 2005. The findings were not used to apply for single span,concrete structure supported on concrete abutments. Adjust the alignments of both BRAC funding due to changes at WSDOT(see below). approaches to conform to the increase in bridge deck height. This replacement will require some right-of- way acquisition due to the adjustment of the alignment and the new bridge location. JUSTIFICATION: CHANGES: The existing structure is four feet below the 100-year flood water level standards set by WSDOT. The In 2005,WSDOT notified local agencies that they would not be accepting bridge bridge deck is supported by a timber pier that is vulnerable to the weakening effect of rot and damage replacement grant applications until at least 2007. With the uncertainty of funding from debris flows. Failure of this pier would cause immediate collapse. The timber abutments are availability,and the condition of the structure(structurally deficient),the City is proceeding showing evidence of rot and deterioration. forward with the bridge replacement without federal funds in-hand. We will request advance construction approval. 1 Funded :1 186,0001 Unfunded :1 649,000 Project Totals Programmed Pre-2007 Six Year Program ITEM Programmed Spent Pre-2006 2006 Total 2007 2008 2009 2010 2011 2012 EXPENSES: Project Development Precon Eng/Admin 186,000 120,000 66,000 66,000 R-O-W(includes Admin) Construction Contract Fee 586,000 586,000 440,000 146,000 Construction Eng/Admin 63,000 _ 63,000 44,000 14,000 5,000 Other TOTAL EXPENSES 835,000 120,000 715,000 550,000 160,000 5,000 SOURCES OF FUNDS: Vehicle Fuel Tax Business License Fee 70,000 70,000 Proposed Fund Balance 116,000 50,000_ 66,000 66,000 Grants In-Hand Mitigation In-Hand BondslL.I.D.'s Formed Other In-Hand Grants Proposed-BRAC AC 649,000 649,000 484,000 160,000 5,000 Mitigation Proposed L.I.D.'s Proposed , Other Proposed . , Undetermined TOTAL SOURCES 835,000 120,000 715,000 550,000 160,000 5,000 Nar Crookoer:er100e 140 AM 5-21 FINAL (IL . um limC ea urn miii am mu aiig ma asig mit Aiiim .:�.. ,a�',.....✓.,mss..'...a,.<�I11fa. i CITY OF RENTON COUNCIL AGENDA BILL = . I At#: / . Submitting Data: Planning/Building/Public Works For Agenda of: {11160e Dept/Div/Board.. Utility Systems Division November 13, 2006 Staff Contact Bob MacOnie, ext. 7369 Agenda Status Consent X Subject: Public Hearing.. Aerial Mapping Phase III: Digital Terrain Model Update Correspondence.. and Orthophotography Production Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Photogrammetry Consultant Agreement Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... $104,487 Transfer/Amendment Amount Budgeted $140,000 Revenue Generated alsoi Total Project Budget $151,085 City Share Total Project.. SUMMARY OF ACTION: The City's digital orthophotography was last updated in 2003 and the topography was last updated in 1999. Much of the latter did not extend out to completely cover the City's potential annexation areas. The subject contract is the final photogrammetric phase of this year's aerial mapping project. This contract will generate the final deliverables, digital orthophotographs and updated terrain model with 2' contours covering the City and its potential annexation area. The funding for this project was approved on June 5, 2006, with a budget amount of$140,000. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Photogrammetry Consultant Agreement with Aero-Metric, Inc., in the amount of$104,487, to complete the third and final photogrammetry phase of the City's 2006 Photogtammetric Aerial Mapping project. C:\DOCUME—1\BWalton\LOCALS—1\Temp\Phase III-DTM Update&Orthoimagery Agenda Bill.doc\BMtp (CIL" CI �,� PLANNING/BUILDING/I , $ , PUBLIC WORKS DEPARTMENT •NT0� MEMORANDUM DATE: October 31, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: .$Kathy Keolker, Mayor FROM: Gregg Zirnmermatikerministrator STAFF CONTACT: Bob Mac Onie, Mapping Coordinator(ext. 7369) SUBJECT: Aerial Mapping Phase III: Digital Terrain Model Update and Orthophotography Production ISSUE: Should the City proceed with the third and final phase of the 2006 Photogrammetric Aerial Mapping project? more RECOMMENDATION: Authorize the Mayor and City Clerk to execute a photogrammetry services agreement with Aero-Metric, Inc., in the amount of$104,487, for the production of new digital orthophotographs and the generation of a topography Digital Terrain Model in the form of 3 dimensional contours at a 2' contour interval covering the City and its potential annexation area. BACKGROUND SUMMARY: The City has been acquiring updated aerial imagery every three years, on average, since 1996. The original aerial mapping in 1996 included the development of planimetric (building outlines and impervious surfaces) and topographic (contour) data. Since 1999 when a few topographic areas were updated, the City has reached the limits of the original data and the potential annexation areas have grown. Therefore, this year the topographic mapping includes updates in areas where there has been substantial changes to the topography due to development, expands the mapping area to cover the full extent of the City's potential annexation area, and uses LIDAR(Light Detection and Ranging) data to more accurately map the areas of heavy vegetation. The expenditures for the first two photogrammetric phases have been$25,225 and $21,373, respectively. The total cost of the photogrammetric mapping will be $151,085. Itro.+ This is $11,085 over the $140,000 authorized on June 5, 2006, for the completion of this Council\Aerial Mapping III Page 2 of 2 October 31,2006 project. There are sufficient funds in the Technical Services Professional Services account to cover this amount. CONCLUSION: This contract will complete the City's 2006 Photogrammetric Aerial Mapping project and there are sufficient funds currently budgeted to cover all of the associated costs with the added benefit of expanding the City's survey control network to areas not previously covered. cc: Lys Hornsby,Utility Systems Director Dave Christensen,Wastewater and Technical Services Supervisor *441041 H:\File Sys\TSA-Technical Services Section Administration\TSA- 11 -Consultant Contracts\TSA-11- 0100 Aerial Photography\2006\Phase III Issue Paper.doc\BMtp PHOTOGRAMMETRY CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this day of by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY", and the consulting firm &eIL.. - -L- c-i e v - A e : whose address is 5 -i kJ .' a` . • I = at which work will be available for inspection, hereinafter called the "CONSULTANT". PROJECT NAME: WHEREAS, the City has not sufficient qualified employees to provide the services within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary planning work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents, that it is in full compliance with the statutes of the State of Washington, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. 441a "` WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: OBJECTIVES AND SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, "Scope of Work,"which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. I I C:\Documents and Settings\jkenner.WAA\Local Settings\Temporary Internet Files\OLK2E8BWhotogrammetry Consultant Agreement.DOC 1 Fe • TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services shall be completed and all products shall be delivered by notwithstanding delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. Ill ADDITIONAL RESPONSIBILITIES The City shall endeavor to provide the Consultant, in a timely manner, with all necessary criteria and full information pertinent to the services to be rendered by the Consultant. Further, the City shall endeavor to make available to the Consultant all information, drawings, maps, and specifications in the City's possession which the City and the Consultant consider pertinent to the Consultant's Scope of Work. The Consultant agrees to perform the work specified in a timely manner and to complete the work in a form acceptable to the City within the specified budget and time authorized by this Contract notwithstanding delays due to factors that are beyond the control of the Consultant. Any extension in the authorized schedule, as shown in Exhibit A, shall be in writing from the City. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work prior to full payment for services under this contract. All such material, including working documents, notes, maps, drawings, photos, photographic negatives, etc. used in the project shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the work pursuant to which the documents were prepared by the Consultant shall .4000 be without any liability whatsoever to the Consultant. C:\Documents and Settings\jkenner.WAA\Local Settings\Temporary Internet Files\OLK2E8B\Photogrammetry Consultant Agreement.DOC 2 F All written documents and products shall be printed on recycled paper as practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable.All documents will be printed on both sides of the recycled paper, as feasible. Nome V PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will be based on percent completion as defined in Exhibit A. Payment for this work shall not exceed without a written amendment to this contract, agreed to and signed by both parties. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VII, "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. Acceptance of final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior its acceptance. Said final payment shall not, however, limit any claims that the City may have against the Consultant or restrict any remedies the City may pursue with respect to such claims. The Consultant, and its subconsultants, shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VI CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable, for its own purposes, to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the N'' City in writing. This work shall be considered as additional work and will be paid for as provided in Section V, Payment. C:\Documents and Settings\jkenner.WAA\Local Settings\Temporary Internet Files\OLK2E8B\Photogrammetry Consultant Agreement DOC 3 Fc VII EXTRA WORK The City may desire to have the Consultant perform work or render services in addition to or other than` work provided for by the expressed intent of the Scope of Work as presented in Exhibit A. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under Exhibit A, Scope of Work, or work covered under this Agreement, shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. VIII EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that the firm has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the consultant will actively solicit minorities through their advertisement and interview process. C:1Documents and Settings\jkenner.WAA\Local Settings\Temporary Internet Fi1es\OLK2E8B\Photogrammetry Consultant Agreement.DOC 4 F • IX NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or `410°0°`. for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or terminations; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non-Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. X TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subsections C and D of this section. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby Norge agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. C:\Documents and Settings\jkenner.WAA\Local Settings\Temporary Internet Files\OLK2E8B\Photogrammetry Consultant Agreement.DOC 5 Ft D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work Nooti originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. F. In the event this Agreement is terminated prior to completion of the work, the original copies of all plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. XI DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by Agreement between the Consultant and the City shall be referred for determination to the Administrator of Planning/Building/Public Works or his/her successors and delegatees, whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. C:\Documents and Settings\jkenner.WAA\L.ocal Settings\Temporary Internet Files\OLK2E8B\Photogrammetry Consultant Agreement.DOC 6 F, The Consultant, its successors or assigns, will protect, save, and hold harmless the City and their authorized agents and employees, from all claim actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of the Consultant, its subconsultants, assigns, agents, Now contractors, licensees, invitees, employees, or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. The Consultant further agrees to defend the City and their authorized agents and employees in any litigation, including payment of any costs or attorney's fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the City or their authorized agents or employees. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of$1.0 million, with a General Aggregate in the amount of$2.0 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. The consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration pages(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s) on file from a previous contract and no change(s) in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of the project, and a minimum of forty-five days' notice shall be given to the City prior to the cancellation of any policy. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. XIII SUBLETTING OR ASSIGNING OF CONTRACTS The consultant shall not sublet or assign any of the work covered by this Agreement without the express written consent of the City. XIV C:\Documents and Settings\jkenner.WAA\Local Settings\Temporary Internet Files\OLK2E8B\Photogrammetry Consultant AgreementDOC 7 Fc COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XV EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first ,4000, above written. CONSULTANT CITY OF RENTON 1 fla ture: Date Signature: Date Kathy Keolker, Mayor Type or print name ATTEST: t"'f/L/;yi Title Signature: Date Bonnie I. Walton, City Clerk C:\Documents and Settings\jkenner.WAA\Local Settings\Temporary Internet Files\OLK2E8B\Photogrammetry Consultant Agreement DOC 8 F Exhibit A - Scope of Work I. SCOPE OF WORK Walker 1. DTM UPDATE Walker will use the following steps to update the City's DTM. • Set 1"=600' models and update topographic data in areas delineated under previous scope of work. • Set 1"=1,200' models and update topographic data in areas delineated under previous scope of work. The orthophotos prepared in the course of this project will be prepared using three sets of elevation data. The 1"=600' and 1"=1200' scale photography will be rectified using 1) updated existing DTM data prepared for the City of Renton during previous mapping projects, 2) additional new photogrammetrically collected data where existing data do not cover or were updated, and 3) PSLC existing LiDAR data only within areas obscured by vegetation and where ground elevations cannot be accurately measured photogrammetrically. 2. DIGITAL ORTHOPHOTOGRAPHY Walker uses the Zlimaging OrthoPRO ortho generation and mosaicking package, which uses the aerial triangulation solution for each photo without any need to re-measure the control points. The ortho production procedure follows: fir✓ Using the AT solution, the scanned images, and the combined DTM, run the ortho rectification process on all images within the project area(all images and not every other image). Set the output pixel size to the required resolution. • Using the same OrthoPRO package, run auto dodging on all ortho im ages to reduce radiometric abnormalities within each image and between images. These abnormalities may include hot spots, light-to-dark effect from one side of the image to the other, and very light and dark areas within each image. • Using Bentley Microstation CAD, and Zlimaging IRASC image processing software, load all dodged im ages and then visually draw the seamlines between adjacent photos and flight li nes. Design the sheet layout as required b y the client, • Using ZI Imaging OrthoPRO package, import the seamlines and the sheet coverages from Microstation file, and run a fu Ily automated mosacking, color matching, and sheet cutting. • Complete final visual inspection of all sheets for tonal quality, color balance and image matching. • Using Adobe Photoshop software, m anually clean all sheets of any localized visible anomalies. • Save the ortho sheets to the final format as required by the client. The ortho integrity check is done by comparing the horizontal positions of existing planimetric features relative to the orthophoto. A final check is made after the digital rectification process by comparing digital orthophoto coordinates for ground control points with the original survey values. These will agree within the one pixel range. ,e II. Deliverables ,4001 One set of updated DTM files in ASCII format One set of color digital orthophoto files with 0.5' pixels(TIFF format) One set of 1'pixel color orthophotos(TIFF format)delivered on a PLS S section or other client approved tiling scheme. The tiling boundary and file naming conventions will be supplied by the City. III. Project and Billing Schedule 1. PROJECT SCHEDULE Notice to Proceed November 10, 2006 Topographic Update November 10— December 15, 2006 Digital Orthophoto Rectification December 8, 2006— January 12, 2007 Final Product Delivery January 12, 2007 2. BILLING SCHEDULE Walker will invoice the City of Renton monthy, on a percenta ge of completion basis. We anticipate billing of approximately fourty percent in November, fourty-five percent in December and fifteen percent in January. IV. Project Fees Task Fee 0.5'Pixel Orthophotos From 1"=600'Photography Digital Orthorectification $ 18,877 1.0'Pixel Orthophotos From 1"=1,200'Photography Digital Orthorectification $ 4,390, DTM Update Update Visible Area Topography Using Photogrammetry $ 81,220 Total $ 104,487 2 .44 , :77‘$ ''',71.,' ', ,,!,074.•pdr.: • .''. •0 ,, ._'c'-' ;%''''‘; •*!\t:;"114A •14 .."';;:;;-•'",;..'"t,' 4.4f:;-,t.L.,...4 L,''': ':.. *';.,%,'04,41. I, ... Pi. :';r.., . „AV';',41"4'•• ' i r',.•*.t. ,,,,,,, --, .i,,, ..{'. ."),; ' '', 17" ,:r,'''?.. ''4%." •'!"";WIL'' ;;`'-''....,,. `,..r"%:.2:.; ,1*-. ...,...,.a.,:frt,,:;., ),,'4',',i: ..4," --r f c\.1 ra 1-1.,i ..,;^',.'t!'''7; '',•.,•- „: ' ;tit•'' r''7121\ ;1*:.tierl'W‘O'::‘4141:.;4i:. ''r'' ':, ;4 , A •-•5 x ' :4'414-4,r'''',.,-,,,,,:•.•' "; '''.;',14 ...4:4-'`,XIC:''' '....t;V:;711A' ';•1 '',..;), ' •' " .jr•' r.,,_ r,,,--44f,',,; '; '1;.'"',k,,,,'', -;': •„;.,-,.',r'-' .._ „•• ., ;r:',- 4, ' "-.' 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Z -- .'t . 4:7.It.... ,. , ',),t ; ••. , • r .... --.. . - ..... , - CITY OF RENTON COUNCIL AGENDA BILL AI #:twoI , r Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board Utility Systems November 13, 2006 Staff Contact Ron Straka, x7248 Agenda Status Consent X Subject: Public Hearing.. N 26th St/Park P1 N Storm System Improvement Project Correspondence.. Utility Easement and Payments Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Utility Easement Agreement Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required $46,500 Transfer/Amendment N/A Amount Budgeted $202,500 Revenue Generated N/A Total Project Budget $202,500 City Share Total Project 100% Acct:427.000600.018.5960.0038.65.065330 SUMMARY OF ACTION: The Surface Water Utility has negotiated a utility easement agreement with the owner of the Belle Vista Apartment complex, SI VI, LLC, for the N 26th St/Park PIN Storm System Improvement project. The agreement includes paying the property owner$46,500 for the easement, restoration, expenses to transfer ownership of their storm system to the City and $1,000 per damaged or removed tree. The easement is needed to allow for the construction of the N 26th St/Park PIN Storm System Improvement project as approved in the 2006 Surface Water Utility CIP budget. The schedule for constructing this project has been delayed until early summer of 2007, due to the delays in obtaining the easement and to avoid constructing the project during the rainy season. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Utility Easement Agreement with SI VI, LLC, in the amount of$46,500 and$1,000 per damaged or removed tree, for the N 26th St/Park PIN Storm System Improvement project. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2850 N 26th-ParkPL\1000a Corrspd-General\061102 Agenda Bill.doc\DCtp `SY O� PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: November 3, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayo FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor(ext. 7248) Daniel Carey, Surface Water Utility Engineer(ext. 7293) SUBJECT: N 26th St/Park P1 N Storm System Improvement Project Easement Agreement and Payments ISSUE: Should the City of Renton execute a utility easement agreement with SI VI, LLC, in the amount of$46,500 and $1,000 per damaged or removed tree, for the N 26th Street/Park N"' Place N Storm System Improvement project? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Utility Easement Agreement with SI VI, LLC, in the amount of$46,500 and $1,000 per damaged or removed tree, for the N 26th St/Park PIN Storm System Improvement project. BACKGROUND: The project is located in Park P1 N,just south of N 26th St, and east of Lake Washington Blvd (see Project Location figure). In 1984, a small storm system was built as part of a development on the north end part of Park P1 N. The storm system ended in an infiltration trench behind the home at 2511 Park PI N (see Existing and New Storm System figure). In 1987, the existing storm system from Garden Ct N was extended to the south end of Park P1 N, and was ended at an overflow catch basin in the backyard of 2415 Park PIN. Both storm systems discharge flow at the top of a steep hillside (overflow), uphill of the Belle Vista Apartment complex. The two storm systems drain an area of about 29 acres, carry runoff from City right-of-way, and are owned by the City. As the area developed, runoff to the storm systems increased. The residents where the lor✓ overflows were located were concerned about the systems overflowing and water running Council/N 26th/Park P1 N Storm System November 3,2006 Page 2 of 3 down the slope. Stormwater running down a slope has the potential to cause erosion and -4401 possibly slope instability. The Surface Water Utility(SWU) investigated the drainage problem in 2004 and included funding in the 2005 CIP budget for planning, design, permitting, and construction of a new storm system that would eliminate the problem. The SWU has designed a new storm system that will cut off the majority of stormwater runoff from the two existing systems, and will convey it down the steep slope into the existing private storm system in the Belle Vista Apartment complex (see figure). The new storm system includes approximately 165 feet of flexible high-density polyethylene pipe that will be placed above ground on the steep slope. The Surface Water Utility has obtained temporary construction easements and permanent utility easements for the new storm system from the property owners at the top of the hill. The SWU and City Attorney have negotiated a permanent utility easement agreement with the owners of the Belle Vista Apartment complex, SI VI, LLC (John Michael Sobrato). The utility easement will run from the top of the slope down through the existing storm system in the apartment complex. The utility easement agreement includes the permanent utilities easement,the temporary construction easement, and the bill of sale. The utility easement agreement with SI VI, LLC includes transferring ownership of the private storm system that runs through the apartment complex to the City and a 15-foot wide easement centered on the private storm system. By acquiring the private storm system in the apartment complex the City will link the City-owned upstream and 'goof downstream storm systems, and will be responsible for operation and maintenance of the entire system. The private storm system includes about 1800 linear feet of storm pipe that will become part of the City storm system. The total area for the utility easement for the new storm system down the hillside and the existing private system in the apartment complex is approximately 34,800 square feet. In exchange for granting the permanent utility easement and transferring the private storm system to the City, the easement agreement with SI VI, LLC includes the following payments to SI VI, LLC: 1. (c) $7,500 for landscaping restoration, and$1,000 per tree damaged or removed during construction. 1. (d) $20,000 to transfer ownership of the combined storm system (the private storm system in the apartment complex). 1. (i) $12,000 to reimburse SI VI, LLC for their costs associated with the easement including legal fees, lender costs, and engineering review. 1. (j) $ 7,000 for the easement. TOTAL $46,500 (plus $1,000 per damaged or removed tree) H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2850 N 26th- ParkPL\1000a Corrspd-General\061102 Issue Paper-Easement.doc\DCtp Council/N 26"'/Park PI N Storm System November 3,2006 Page 3 of 3 The payment of$46,500 will be made in exchange for the signed easement from Nom SI VI, LLC. The payment of$1,000 per damaged or removed tree will be made after construction is completed. The area for payment of damaged or removed trees is limited to the bottom section of the slope next to the apartment complex. The City estimates that 4 to 8 trees may be damaged or removed so the payment may range from $4,000 to $8,000. The City benefits from obtaining the easement by eliminating two potential problem areas on a steep slope and by obtaining ownership of the storm system in the apartment complex that links the City's upstream storm system with the City storm system in Lake Washington Blvd. The schedule for constructing this project has been delayed until early summer of 2007, due to the delays in obtaining the easement and to avoid constructing the project during the rainy season. FUNDING: The 2006 Surface Water Utility CIP budget for the N 26th Street/Park PI N Storm System Improvement project is$202,500 (Acct#427.000600.018.5960.0038.65.065330). There is $165,000 remaining in the 2006 project budget. There are sufficient funds in the 2006 CIP budget to pay for the easement acquisition. The majority of the $46,500 cost for acquiring the easement was not anticipated in the project budget. The estimated construction cost for the project has increased to approximately$165,000. The estimated construction cost and easement payments total approximately$211,500, which exceeds the remaining 2006 CIP project budget. The Surface Water Utility proposes to pay for the easement acquisition out of the 2006 project budget. The proposed 2007 CIP project budget includes a request for an additional $125,000 to supplement existing funding to cover the remaining project costs associated with project management, construction inspection, consultant contract, and contingency. CONCLUSION: Concur with the Surface Water Utility recommendation to execute the Utility Easement Agreement with SI VI, LLC, in the amount of$46,500, and $1,000 per damaged or removed tree. Attachments ate, cc: Lys Hornsby,Utility Systems Director H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2850 N 26th- ParkPL\1000a Corrspd-General\061102 Issue Paper-Easement.doc\DCtp I II I III I I I I I I IIII Izil01 1-140517\ IIIIIIIIIIIIi / I !Hill il IIIA i Ilh 144.4' c co . I III I I 27th PL Arr —g_ D •/ a) I 2 New St. i Line N J6tisi + is Qco N O. CD 'I 7 N Z Bell:. ista A s I 0 Lake o 03 Washington Z 0. -o 1 co A�o A. .rtment (3' Ent :nce Project Location N 26th St/ Park PL N Storm System Project 0' 300' N I I Scale: 1" = 300' City of Renton Surface Water Utility D. Carey 10/06 1 rn.w I PARKA . • — / FLO '� J _ — C- .„;,...i. _ TOR ire"'"--r- 2515 ) PLUG �.,� E i Park PL N C"l Lk .4.-- - 160 "_ — _" r.�Ra e"R`".y t 2415 y NEW STORM P "�,,C 1 v- PARK PL N �il YSTEM _� f" \"- 2507 ! c Park PL N (HDPE P,,; — Par iiiizi 251 1 sS SCEP°Nj / — o l pit______". Park PLN ���� p\SC P • //7- / 'O ��!. " / NF\-' . F\.O� e \ 04°t_0`14 VER l>"/ . t ti,d 0 w` V`� • C . �_ STEEP SLOPE ` 0°._,0-> * . \.\/ .., ,,,,,, ii, , ST '/EXiS,T,NG s?oRM SY E\1\ j -ter ���� 0 z i IF EXISTING AND NEW STORM SYSTEM N 26th ST/ PARK PL N 0' 60' STORM SYSTEM PROJECT Now I I Scale: 1' = 60' City of Renton Surface Water Utility D. Carey 10/06 • After recording return to: CITY CLERK'S OFFICE CITY OF RENTON 1055 South Grady Way Renton, WA 98055 Title: UTILITIES EASEMENT Property Tax Parcel Number: 2296500200 Project File#: SWP-27-2850 Street Intersection or Protect Name:N26th St/Park PL N Reference Number(s)of Documents assigned or released: Additional reference numbers are on page . Grantor(s): Grantee(s): 1. SI VI,LLC 1. City of Renton,a Municipal Corporation Additional legal is on page of document(Exhibit A). ABBREVIATED LEGAL DESCRIPTION: A utility easement over a portion of the Northwest Quarter of Section 5, Township 23 North, Range 5 East, W.M., in the City of Renton,King County, Washington. See Exhibit A for complete legal description. UTILITIES EASEMENT- 1 H:\File Sys\SWP...\\27-2850...\1001 Corrspd...\061027a FINAL-ESMT-DWC.DOC EASEMENT SI VI, LLC ("Grantor"), for and in consideration of mutual benefits, grants to City of Renton, a Washington municipal corporation, ("Grantee"), its successors and assigns, for the purposes hereinafter set forth, an easement("Easement") for public utilities(including water, wastewater,and surface water) with necessary appurtenances over, under, through, across and upon the following described real property(the"Right-of-way"herein) situated in King County, Washington. See Exhibit A for complete legal description, Exhibit B for a drawing of the Easement, and Exhibit C for Restoration Areas. For the purpose of constructing,reconstructing, installing, repairing, replacing, enlarging,operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, all as specified in the plans on file with the City of Renton under file number SWP-27-2850,known as the N 26th St/Park PL N Storm System Project Plans,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law. Following the initial construction of its facilities, Grantee may from time to time, upon prior written notice to Grantor, construct such additional utility facilities as it may require within the Right-of-way,provided that such additional facilities do not impact the Grantor's use and operation of the apartment complex known as the Bella Vista Apartments, located at 2100 Lake Washington Blvd, North., Renton, Washington(the "Apartment Complex") and provided further that a Temporary Construction Easement would also be required prior to construction of any additional facilities. This Easement is granted subject to the following conditions: 1. The Grantee shall: (a) Upon completion of any work within the Right-of-Way, restore all landscaping, all paved surfaces(including, but not limited to, repair of damaged asphalt, slurry sealing and re-striping), and any private improvements disturbed or destroyed during execution of the work to the condition they were in immediately before commencement of the work or entry by the Grantee. (b) Upon completion of work in the Right-of-way each day, provide a temporary asphalt patch, or steel plates, for the portion of the Right-of- way area that is located in Grantor's parking lot and replace such temporary patch with a permanent patch upon completion of all work in the Right-of-way. (c) In Area A, shown on Exhibit C,the Grantee may remove existing landscaping and trees as needed for project construction. The Grantee shall avoid removing trees on the slope, unless needed for UTILITIES EASEMENT-2 �"' H:\File Sys\SWP...1\27-2850...\1001 Corrspd...\061027a FINAL-ESMT-DWC.DOC construction. It is acknowledged that the Grantee will probably need to remove the trees lettered A, B, C, and D on Exhibit C. The Grantee .moi' will leave the landscaped area with a smooth raked surface, approximately 3 inches lower than the surrounding ground, for topsoil and landscaping by the Grantor. After construction is completed the Grantor shall perform landscaping restoration in Area A. The Grantee shall pay the Grantor's$7,500 for all landscaping restoration costs, concurrent herewith. In Area B, shown on Exhibit C,the Grantee shall avoid removing any trees on the slope, unless needed for construction. The aboveground storm pipe will be placed around trees wherever possible. In Areas A and B the Grantee shall pay the Grantor's $1,000 per tree for each tree damaged or removed, in addition to the$7,500 for landscaping restoration. For payment purposes a tree is defined as a living woody plant having a trunk 3 inches or greater in diameter measured 4 feet above ground. Payment for trees damaged or removed in Areas A and B shall be within ten (10) days of the Grantor's request. In Area C, shown on Exhibit C,the Grantee shall avoid removing any trees on the slope, unless needed for construction. The aboveground storm pipe will be placed around trees whenever possible. It is acknowledged that trees will be removed at the top of the slope where the new storm pipe is installed below ground. There is no payment for any trees damaged or removed in Area C. The Grantee will restore any disturbed areas in Area B and C with a grass seed mix. The Grantor may replant shrubs and trees in Areas A, B, and C. The Grantor shall not place any new trees within 5 feet of the buried storm pipe, within 5 feet of the aboveground storm pipe from the base of the slope to 5 feet past the slip joint(about 7 feet east of tree D), and within 3 feet of the remaining aboveground storm pipe. (d) Take over ownership of the combined storm sewer system located in the Right-of-way("Storm Sewer System"). The combined Storm Sewer System is defined as the existing storm system on the Grantor's property that carries stormwater from both the City's new storm connection and the Apartment Complex. The combined Storm Sewer System includes the pipes and catch basins that the City connects to starting at CB-6, and running through the apartment complex to CB- 22, CB-23, CB-25, CB-26,the bio-swale, and the outlet pipes from the UTILITIES EASEMENT-3 H:\File Sys\SWF...\\27-2850...\1001 Corrspd...\061027a FINAL-ESMT-DWC.DOC bio-swale to the property line, all as depicted on Exhibit B, attached fin.► hereto. Grantee shall pay Grantor the sum of$20,000 for conveyance of the existing Storm Sewer System, which conveyance shall be by separate bill of sale. (e) Henceforth be responsible for any damages resulting from flooding if the Storm Sewer System overflows. This obligation shall be limited to damage caused by storms up to the 100-year event, as identified in the 1990 King County Surface Water Design Manual. (f) Henceforth be responsible for any damages to and repair of the Storm Sewer System. (g) The City shall inspect the Storm Sewer System before the Easement is executed, or within sixty(60)days of execution. If the City determines that the Storm Sewer System needs to be cleaned based on City maintenance standards it shall clean the system either before,or within sixty(60) after,the new storm system project is constructed. (h) Henceforth be responsible for all inspection, cleaning, maintenance, repair and future replacement of the Storm Sewer System. Now (i) Pay for all of Grantor's costs associated with this Easement, including legal fees, lender processing fees and costs, design review by a civil engineer, and surveying these easements (if needed) in the amount not to exceed $12,000. The Grantor shall submit bills or invoices for all costs to the Grantee. The Grantee shall reimburse the Grantor within 10 days after each invoice is submitted. (j) Pay the Grantor the sum of$7,000 for this Easement. (k) Pay all recording costs associated with this Easement. (1) The Grantor shall maintain ownership, maintenance responsibility, and responsibility for damages for any remaining portions of the storm system located outside of the Right-of-way, except to the extent that damages result from flows from the Storm Sewer System. The remaining portions include, but are not limited to, all drain lines from the Apartment Complex buildings and grounds that connect to the combined Storm Sewer System, all catch basins serving the Apartment Complex and parking lots that connect to the combined Storm Sewer System, the Private Storm Sewer System from CB-1 to where it UTILITIES EASEMENT-4 r�rr+° H:\File Sys\SWP...\\27-2850...\1001 Corrspd...\061027a FINAL-ESMT-DWC.DOC connects to CB-22, and the Private Storm Sewer System from CB-24 to where it connects to CB-25, as depicted on Exhibit B, attached r•01 hereto. 2. Grantor shall retain the right to use the surface of the Right-of-way area as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: (a) Erect or maintain any buildings or permanent structures within the Right-of-way; or (b) Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the Right-of-way by the Grantee; or (c) Develop, landscape,or beautify the Right-of-way area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. (d) Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's utility facilities on the Right-of-way, or endanger the lateral support facilities, except to the extent necessary in connection with repair, `" maintenance or replacement of the Grantee's storm sewer system which connects to the Storm Sewer System. (e) Blast within fifteen(15) feet of the Right-of-way. 3. Grantor retains the right to rebuild or relocate the combined Storm Sewer System as needed for its use of the real property owned by Grantor subject to the following conditions: The Grantor shall: (a) Be responsible for all costs needed to rebuild or relocate the system. (b) Be responsible for complying with all applicable regulations and permits. (c) Reconnect all storm systems that the City connected to the combined Storm Sewer System. (d) Shall submit the plans to the City for review and approval. UTILITIES EASEMENT-5 H:\File Sys\SWP...\\27-2850...\1001 Corrspd...\061027a FINAL-ESMT-DWC.DOC (e) Shall revise the plans as reasonably required by the City. Nine (f) Shall execute a new Utility Easement for the rebuilt or relocated combined Storm Sewer System, subject to City review and approval. 4. Grantee shall indemnify, defend and hold Grantor harmless from and against any and all liability, loss, damage, expense, actions and claims, including property damage and personal injury, including death and including court costs and reasonable attorney's fees, whether or not a lawsuit is instituted, asserted against or incurred by Grantor that arise directly or indirectly from the acts or omissions of Grantee or its employees, contractors, agents, tenants, invitees, or licensees, in the use of the Easement and the use and occupancy of the Right-of-way area and in any other exercise of Grantee's rights hereunder,and including to the full extent permitted by RCW 4.24.115,to the extent the same is applicable, any such liability, loss, damage, expense, action or claim arising directly or indirectly from the concurrent negligence of Grantor or its employees, contractors, agents,tenants, invitees or licensees. Notwithstanding the foregoing, this paragraph shall not apply to any liability, loss, damage, expense,action or claim, including court costs and reasonable attorney's fees, caused by or resulting solely from the gross negligence or willful misconduct of Grantor or its employees, agents, contractors, tenants, invitees or licensees. 5. In the event of a breach of any of the covenants or agreements set forth in this Easement Agreement, the parties shall be entitled to any and all remedies available at law or in equity, including but not limited to the equitable remedies of specific performance or ,, mandatory or prohibitory injunction issued by a court of appropriate jurisdiction. The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of any party to comply with the terms, covenants, agreements and/or conditions of this Easement Agreement, it is understood and agreed that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney's fees incurred in the action, including on appeal. In addition, if Grantee fails to maintain or operate the Storm Sewer System or the Right-of-way in the condition required hereunder, and if such failure is not cured(or Grantee has not commenced to cure and diligently prosecuted the cure to completion)within thirty(30) days after notice of such failure is given by Grantor to Grantee, then Grantor may, at its option, cause such areas to be maintained or operated in the condition required and Grantee shall promptly reimburse Grantor for all costs incurred by Grantor in performance of Grantee's obligations. Grantee shall at all times exercise its rights herein in compliance with all of the requirements of(1)all laws, statutes, ordinances, rules and regulations now or hereafter made by any governmental authority having jurisdiction over the Right-of-way area or any use thereof, as those laws, statutes, orders, rules and regulations are from time to time amended, and(2)all covenants, conditions and restrictions of record, if any, applicable to the Right-of- way area. UTILITIES EASEMENT-6 H:\File Sys\SWP...\\27-2850...\1001 Corrspd...\061027a FINAL-ESMT-DWC.DOC Grantee hereby accepts the Right-of-way area"AS IS"as it presently exists, and understands and agrees that Grantor has made no representations or warranty with respect to the title or condition of the Right-of-way area,or the suitability or fitness of same for any particular purpose. This Easement shall run with the land described herein, and shall be binding upon the parties, their successors in interest and assigns. Grantor covenants that it is the lawful owner of the Right-of-way area and that it has a good and lawful right to execute this agreement. IN WITNESS WHEREOF, said Grantor and Grantee have caused this instrument to be executed on this day of SI VI, LLC, a California limited liability company By: Sobrato Interests III, a California Limited Partnership Its: Sole Member By: The John Michael Sobrato 1985 Separate Property Trust,As Amended Its: General Partner By: John Michael Sobrato ,4401 Its: Trustee THE CITY OF RENTON By: Its: UTILITIES EASEMENT-7 r H:\File Sys\SWP...\\27-2850...\1001 Corrspd...\061102a FINAL-ESMT-DWC.DOC STATE OFNow ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that John Michael Sobrato is the person who appeared before me, and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it as the Trustee of the John Michael Sobrato 1985 Separate Property Trust,as amended,the general partner of Sobrato Interests III, a California Limited Partnership, the sole member of SI VI, LLC, a California Limited Partnership to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of Notary Public in and for the State of residing at My appointment expires: low STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and who signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of THE CITY OF RENTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of , Notary Public in and for the State of Washington, residing at My appointment expires: UTILITIES EASEMENT-8 H:\File Sys\SWP...\\27-2850...\1001 Corrspd...1061102a FINAL-ESMT-DWC.DOC CONSENT OF LENDER TO EASEMENT The undersigned,FANNIE MAE,is the current holder of a loan secured by a lien against the property commonly known as Bella Vista Apartments located at N. 26th Street, Renton, Washington as evidenced by that certain Deed of Trust and Security Agreement dated recorded April 25,2002 under Clerk's File No.20020425000387 in the Official Records of Real Property of King County,Washington. Lender consents to foregoing easement and declares that if Lender (or any other party) shall take title to the property through foreclosure or deed in lieu thereof, Lender or such party will not disturb the Easement and will recognize and agree to be bound by the Easement (but shall not be bound to perform any covenant or pay any charge described therein arising prior to the date it acquires title to the property). FANNIE MAE By:Pruden'. 'eso h •:. Inc Its:DU : der eer By: .�• Name: Scott W. MtCload Title: Asst.Vise Presideait STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the' day of ficeri` ,2006, by Se. W. k'\e C%e ,an P . ii:ce $'res+1edi' of Prudential Asset Resources'as DUS Lender/Servicer for FANNIE MAE. Inc s, Notary Public,State of Texas [SEAL] L DYER . -NNW KUMAR CrEAS �.4.eM► colmss,of UPIRtl: JUN1 1 s, 2007 EXHIBIT A `401.0, Legal Description A utility easement over the following described parcel: That portion of Government Lot 2, Section 5, Township 23 North, Range 5 East, W.M., King County, Washington, lying easterly of Lake Washington Boulevard; EXCEPT that portion platted as Eldon Acres,according to the plat thereof, as recorded in Volume 11 of Plats, Page 86, in Records of King County, Washington; ALSO EXCEPT any portion thereof lying southerly and easterly of those common boundary lines as established under King County Recording Number 8509110605; TOGETHER WITH that portion of vacated Southeast 100t Street(formerly known as Mildred Avenue)adjoining or abutting thereon, which upon vacation attached to said premises by operation of law; ALSO TOGETHER WITH that portion of vacated Pelly Place North(formerly known as 102nd Place Southeast and platted as Garrison Avenue) adjoining or abutting thereon, which upon vacation attached to said premises by operation of law as provided by City of Renton Vacation Ordinance No. 3447, recorded under King County Recording Number 8010060646; Said utility easement more particularly described as follows: Beginning at the Southwest Corner of Lot 27, Eldon Acres, according to the plat thereof,as %me recorded in Volume 11 of Plats, Page 86, in Records of King County; Thence northwesterly to a point on the westerly boundary line of said lot, a distance of 3.97 feet; Thence North 51° 12'22" West, a distance of 48.41 feet; Thence South 38° 08'34" West, a distance of 15.00 feet, to a point approximately 11 feet westerly of CB-6 per Tamaron Pointe's Grading and Drainage As-Built Plan Sheets C-6 through C-10 and as identified in the City of Renton plan files TED-40-2800; Thence South 51° 11'50"East, a distance of 56.53 feet; Thence South 89° 20'15"East, a distance of 177.44 feet, to a point on the east line of the above described parcel, said point being 11.15 feet southerly as measured along said east line of said parcel from the Southeast Corner of Lot 27; Thence northerly along said east line to said Southeast Corner; Thence westerly along the southerly boundary line of said Lot 27, to the southwest corner thereof and the point of beginning; TOGETHER WITH a 15.00 feet strip of land, said strip having 7.5 feet on each side of the following described centerline: Beginning at the center of CB-6 per said Tamaron Pointe's Grading and Drainage As- r Built Plan Sheets; Thence northwesterly along the storm system centerline,a distance of 100 feet,to the center of CB-7; Thence northwesterly, a distance of 192 feet,to the center of CB-8; Thence northwesterly, a distance of 45 feet,to the center of CB-9; Thence southwesterly, a distance of 80 feet, to the center of CB-10; Thence southwesterly, a distance of 45 feet,to the center of CB-11; Thence southeasterly, a distance of 52 feet, to the center of CB-12; Thence southwesterly, a distance of 65 feet,to the center of CB-13; Thence southeasterly, a distance of 51 feet, to the center of CB-14; Thence southeasterly, a distance of 85 feet,to the center of CB-15; Thence southeasterly, a distance of 123 feet,to the center of CB-16; Thence southeasterly, a distance of 220 feet,to the center of CB-17; Thence southeasterly, a distance of 76 feet,to the center of CB-18; Thence southeasterly, a distance of 96 feet,to the center of CB-19; Thence southeasterly, a distance of 49 feet,to the center of CB-20; Thence southeasterly, a distance of 88 feet, to the center of CB-21; Thence southeasterly, a distance of 78 feet,to the center of CB-22; Thence southeasterly, a distance of 154 feet,to the center of CB-23; Thence southeasterly, a distance of 65 feet, to the center of CB-25; Thence southwesterly, a distance of 88 feet, to the center of CB-26; Thence continuing southwesterly,a distance of 11 feet, to the westerly property line; TOGETHER WITH the westerly 27 feet of the above described parcel, as measured at right angles to the westerly property line, lying southerly of the above described centerline. All situate in the Northwest Quarter of Section 5, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. v.r� ;,, EXHIBIT B 1 of 3 ow _ 052305906/ 0523059065 0523059066 GPPP.° 0 h a' 0U 1111111111Hni ` I 1 i; NEW STORM LINE I PRIVATE N I STORM SYSTEM LAT 27 -, UTILITY 2296500143 2296500138 I k EASEMENT ., Y O 'O o C8-1 I N J Py / ' c 0 /i'/ CB-6 CU Z y i gE 1MI 0 i% ' -' 22%500200 Pp�� 0 ��-e COMg�N s�s�M �/ S�ORN1 — --- `E( cs-9 /—- \` /max `\\1 /. - <c.'B—Is \ c8-18 ------/�/ COMBINED \\1 C8-14 — �.... STORM SYSTEM \`C0-10 C8-12 ---- ,....-- N / /� UTILITY EASEMENT \\� �\N . .�i/15'WIDE CENTERED ON C8-11 N COMBINED STORM SYSTEM C8-13 I— �N6�eN� 0 �vo �K��PSN z Li _i_,_i__I__I__i_i_iJ 0' 100' EASEMENTS - Belle Vista Apts I I N 26TH ST/ PARK PL N Now' Scale: 1' = 100' STORM SYSTEM PROJECT City of Renton Surface Water Utility D. Carey 10/27/06 EXHIBIT B 2of3 CB-3 ---� --_ - PRIVATE - STORM SYSTEM CB-25 - -1 \ .' - -- -- �� - i CB-23 BE��E --- NASTT COM?SEX - - ; — .-- APARTME �� c6-22 n /.'/ a W / / W ,/ Z ce-2o/ 2 n .�/ CB-21 : _ - ; / COMBINED U �--1! CB 9� STORM SYSTEM �- �,�__��i �_�� UTILITY EASEMENT 15'WIDE CENTERED ON COMBINED STORM SYSTEM One P y `NG�ot ak- �Kc-�PgN 1o' LIJ_I_L_I�1_1_IJ I CC 0 z 0' 100' EASEMENTS - Belle Vista Apts I i N 26TH ST/ PARK PL N Scale: 1' = 100' STORM SYSTEM PROJECT City of Renton Surface Water Utility D. Carey 10/27/06 EXHIBIT B 3of3 lofty BELLE VISTA PRIVATE APARTMENT STORM SYSTEM COMPLEX C8-26 x-24 \w`G�O``13V COMBINED i -'� PSN`` `� -' \ STORM SYSTEM ./ --- �� SCE S N C8-26 _ -' UTILITY EASEMENT 27'WIDE UTILITY EASEMENT 15'WIDE CENTERED ON '441109 COMBINED STORM SYSTEM F— �NG10N- 0 �K��PsN z -4011111 . 0' 100' EASEMENTS - Belle Vista Apts I t N 26TH ST/ PARK PL N Niue Scale: 1' = 100' STORM SYSTEM PROJECT City of Renton Surface Water Utility D. Carey 10/27/06 EXHIBIT C - Restoration Areas 1 of 1 �° T NEW STORM LINE I UTILITY EASEMENT F— p _ oAREA C — ; TO EAST PROPERTY LIN v. z 1 -...01111 . a 1 _ ii '21 QI (.3 o LL-1___ c) — o ° AREA B NILI 0 0I L I N 0 1 SLIP JOINT o 0 (approx.Iocatioop) e F J NEW-STORM LINE p ° --� 0-4\jGN /ABOVE GROUND BELOW GROUND 6/ I pr AREA A / BASE OF SLOPE/ - P / (approx.locat1ofi) Ve tf.. ID, k / ' is E* / 8-2 1 'Cf/ — Z V 1 / v. 1 PO 77/ cl" _,,/ N, --- so ) C AREA A I/ ; \ ���v`S.� GoMp�EX � BP PR�M0N 0' 20' EASEMENTS - Belle Vista Apts i I N 26TH ST/ PARK PL N Scale: 1' = 20' STORM SYSTEM PROJECT City of Renton Surface Water Utility D. Carey 10/16/06 After recording return to: low CITY CLERK'S OFFICE CITY OF RENTON 1055 South Grady Way Renton, WA 98055 Title: TEMPORARY Property Tax Parcel Number: 2296500200 CONSTRUCTION EASEMENT Project File#: SWP-27-2850 Street Intersection or Protect Name N26th St/Park PL N Reference Number(s)of Documents assigned or released: Additional reference numbers are on page . Grantor(s): Grantee(s): 1. SI VI, LLC 1. City of Renton, a Municipal Corporation Additional legal is on page of document(Exhibit A). ABBREVIATED LEGAL DESCRIPTION: A temporary construction easement over a portion of the Northwest Quarter of Section 5, Township 23 North, Range 5 East, W.M., in Now the City of Renton, King County, Washington. See Exhibit A for complete legal description. TEMPORARY CONSTRUCTION EASEMENT SI VI, LLC, a California Limited Liability Company("Grantor"), for and in consideration of mutual benefits, by all these presents grants unto the City of Renton, a Washington municipal corporation, ("Grantee"), its successors and assigns, permission to use for public purposes with necessary appurtenances over, under,through, across and upon the following described real property(the "Right-of-way"herein)situated in King County, Washington: See Exhibit A for complete legal description and Exhibit B for a drawing of the easement. For the purpose of constructing the planned storm water project improvements located on the property known as the Bella Vista Apartments, located at 2100 Lake Washington Blvd,North., Renton, Washington(the "Apartment Complex") and associated err✓ TEMPORARY CONSTRUCTION EASEMENT- 1 H:\FileSys\SWP...\\27-285..\1001 Corrspd...\ 061027b FINAL-TempESMT-DWC.DOC with the N 26th St/Park Place N Storm System Improvement Project(the "Temporary Easement"). .ed The Grantee will provide continuous access to the Apartment Complex and all parking areas associated therewith throughout construction. The Grantee shall, upon completion of any work within Right-of-way, restore the surface of the Right-of-way area, and any private improvements disturbed or destroyed during execution of the work by Grantee or its agents or contractors,to the condition they were in immediately before commencement of the work or entry by the Grantee, its agents or contractors . Grant of this Temporary Construction Easement is subject to the following conditions: • Storage of construction equipment and material will be limited to the Right- of-way area and shall not interfere with the use and occupancy of the Apartment Complex; • After 4:30 pm and on weekends no construction equipment or materials may be stored in the paved portions of the Right-of-way; • Worker parking onsite will be limited to the unreserved spaces in the parking lot at the north end of the Apartment Complex; offsite parking and shuttle will be encouraged; • Work hours will be 8:00 a.m. to 4:30 p.m. Monday through Friday; workers may be onsite only during working hours. • Lunch breaks will be taken offsite; • No music or radios will be playing onsite; • Grantee, or its contractors and agents, shall provide all toilet facilities for workers; and • Upon completion of work in the Right-of-way each day, Grantee shall install a temporary patch for the portion of the Right-of-way area that is located in the Apartment Complex parking lot; and Grantor shall replace such temporary patch with a permanent patch upon completion of all work in the Right-of- way. The Grantee will include the foregoing conditions in its bid documents and shall ensure that all of its agents and contractors comply with these conditions. This Temporary Construction Easement shall become effective upon execution by the Grantor from the date hereof, and shall continue for one(1) year. Grantee shall indemnify, defend and hold Grantor harmless from and against any and all liability, loss, damage, expense, actions and claims, including property damage and personal injury, including death and including court costs and reasonable attorney's fees, TEMPORARY CONSTRUCTION EASEMENT-2 H:\FileSys\SWP...\\27-285..11001 Corrspd...\ 061027b FINAL-TempESMT-DWC.DOC whether or not a lawsuit is instituted, asserted against or incurred by Grantor that arise INN" directly or indirectly from the acts or omissions of Grantee or its employees, contractors, agents, tenants, invitees, or licensees, in the use of the Temporary Easement and the use and occupancy of the Right-of-way area and in any other exercise of Grantee's rights hereunder, and including to the full extent permitted by RCW 4.24.115, to the extent the same is applicable, any such liability, loss, damage, expense, action or claim arising directly or indirectly from the concurrent negligence of Grantor or its employees, contractors, agents, tenants, invitees or licensees. Notwithstanding the foregoing, this paragraph shall not apply to any liability, loss, damage, expense, action or claim, including court costs and reasonable attorney's fees, caused by or resulting solely from the gross negligence or willful misconduct of Grantor or its employees, agents, contractors, tenants, invitees or licensees. In the event of a breach of any of the covenants or agreements set forth in this Temporary Easement, the parties shall be entitled to any and all remedies available at law or in equity, including but not limited to the equitable remedies of specific performance or mandatory or prohibitory injunction issued by a court of appropriate jurisdiction. The parties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of any party to comply with the terms, covenants, agreements and/or conditions of this Temporary Construction Easement,it is understood and agreed that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney's fees incurred in the action, including on appeal. Grantee shall at all times exercise its rights herein in compliance with all of the requirements of(1)all laws, statutes, ordinances, rules and regulations now or hereafter made by any governmental authority having jurisdiction over the easement area or any use thereof, as those laws, statutes, orders,rules and regulations are from time to time amended, and(2) all covenants, conditions and restrictions of record, if any, applicable to the Right-of-way area. Grantee hereby accepts the Right-of-way area"AS IS"as it presently exists, and understands and agrees that Grantor has made no representations or warranty with respect to the title or condition of the Right-of-way area, or the suitability or fitness of same for any particular purpose. IN WITNESS WHEREOF, said Grantor and Grantee have caused this instrument to be executed on this day of SI VI, LLC, a California limited liability company By: Sobrato Interests III, a California Limited Partnership Its: Sole Member TEMPORARY CONSTRUCTION EASEMENT-3 H:\FileSys\SWP...\\27-285..\1001 Conspd...\ 061027b FINAL-TempESMT-DWC.DOC By: The John Michael Sobrato 1985 Separate Property Trust,As Amended Its: General Partner By: John Michael Sobrato Its: Trustee THE CITY OF RENTON By: Its: STATE OF ) )ss. COUNTY OF ) I certify that I know or have satisfactory evidence that John Michael Sobrato is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Trustee of the John Michael Sobrato 1985 Separate Property Trust,as amended, the general partner of Sobrato Interests III, a California Limited Partnership,the sole member of SI VI, LLC, a California Limited Partnership to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of Notary Public in and for the State of residing at My appointment expires: TEMPORARY CONSTRUCTION EASEMENT-4 H:\FileSys\SWP...\\27-285..\1001 Corrspd...\ 061102b FINAL-TempESMT-DWC.DOC STATE OF WASHINGTON ) Now )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and who signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of THE CITY OF RENTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of , Notary Public in and for the State of Washington,residing at . My appointment expires: . TEMPORARY CONSTRUCTION EASEMENT-5 H:\FileSys\SWP...\\27-285..\1001 Corrspd...\ 061102b FINAL-TempESMT-DWC.DOC CONSENT OF LENDER TO EASEMENT The undersigned,FANNIE MAE,is the current holder of a loan secured by a lien against the property commonly known as Bella Vista Apartments located at N. 26th Street, Renton, Washington as evidenced by that certain Deed of Trust and Security Agreement dated recorded April 25, 2002 under Clerk's File No.20020425000387 in the Official Records of Real Property of King County,Washington. Lender consents to foregoing easement and declares that if Lender(or any other party) shall take title to the property through foreclosure or deed in lieu thereof, Lender or such party will not disturb the Easement and will recognize and agree to be bound by the Easement (but shall not be bound to perform any covenant or pay any charge described therein arising prior to the date it acquires title to the property). FANNIE MAE By:Pruden; -.; 'eso ' w Inc Its:Du der/ cer or By. ..1 - Name: Soca W. McCloud Title: Asst.vire Presidwit k STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on thel.6day of Apr;l ,2006, by Scc W. N�CIoc ,an ltis4. U.ce trest1c,4 of Prudential Asset ResourcesXas DUS Lender/Servicer for FANNIE MAE. Inc.., Notary Public,State of Texas [SEAL] h '1 f' ' ,I ,f1 i WE '''.\��,r- COMMON WWI: JUNE 13, 2007 EXHIBIT A ®,w Legal Description A temporary construction easement over the following described parcel: That portion of Government Lot 2, Section 5, Township 23 North, Range 5 East, W.M., King County, Washington, lying easterly of Lake Washington Boulevard; EXCEPT that portion platted as Eldon Acres, according to the plat thereof, as recorded in Volume 11 of Plats, Page 86, in Records of King County, Washington; ALSO EXCEPT any portion thereof lying southerly and easterly of those common boundary lines as established under King County Recording Number 8509110605; TOGETHER WITH that portion of vacated Southeast 100th Street(formerly known as Mildred Avenue)adjoining or abutting thereon, which upon vacation attached to said premises by operation of law; ALSO TOGETHER WITH that portion of vacated Pelly Place North(formerly known as 102' Place Southeast and platted as Garrison Avenue)adjoining or abutting thereon, which upon vacation attached to said premises by operation of law as provided by City of Renton Vacation Ordinance No. 3447,recorded under King County Recording Number 8010060646; Said temporary construction easement more particularly described as follows: Beginning at the Southwest Corner of Lot 27, Eldon Acres, according to the plat thereof,as,, recorded in Volume 11 of Plats, Page 86, in Records of King County; Na Thence easterly, a distance of 55.85 feet, along the south boundary of said Lot 27; Thence South 60° 10'50" West, a distance of 73.90 feet; Thence North 35° 00'13" West, a distance of 98.32 feet; Thence North 54° 59'47" East, a distance of 52.05 feet, to a point on the west line of said lot; Thence southerly along said west line, a distance of 75.60 feet, to the point of beginning. All situate in the City of Renton, King County, Washington. `Nils EXHIBIT B NEW STORM LINE LOCATION E S. LOT 27 2296500138 TEMPORARY • ` CONSTRUCTION EASEMENT ,41,01 A kyo Pro' EXISTING STORM SYSTEM / • �I = I— CC 0 z BELLE VISTA -4011.APARTMENT COMPLEX 2296500200 EASEMENTS - Belle Vista Apts 0' 40' N 26TH ST/ PARK PL N I I Scale: 1' = 40' STORM SYSTEM PROJECT City of Renton Surface Water Utility D. Carey 10/16/06 ilar,,, Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 BILL OF SALE Proj Name: Tamaron Pointe Property Tax Parcel Number: 2296500200 (current name Belle Vista Apartments) Project File#:TED-40-2800 Street Intersection:Lake Wash.Blvd Address:2100 Lake Wash.Blvd. Reference Number(s)of Documents assigned or released:Additional reference numbers are on page . Grantor(s): Grantee(s): 1. SI VI,LLC 1. City of Renton,a Municipal Corporation 2. The Grantor,as named above,for,and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the Grantee,as named above,the following described personal property: WATER SYSTEM: Length Size Type '41sor L.F.of 95Water Main L.F.of Water Main each of " Gate Valves each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Length Size Type L.F.of 1, Sewer Main L.F.of Sewer Main each of " Diameter Manholes each of " Diameter Manholes each of " Lift Stations STORM DRAINAGE SYSTEM: Length Size Type CB-6 thru CB-22, 100' L.F.of 12" CPEP Storm Main thru CB-23,-25,-26, 479' L.F.of 15" CPEP Storm Main and the Bioswale. 1085' L.F.of 18" CPEP Storm Main 119' L.F.of 24" CPEP Storm Main 28' L.F.of 24" DI Storm Main 16 each of " Type 1 Storm Catch Basin 4 each of " Type 2 Storm Catch Basin —155' L.F.of —18'wide Bioswale STREET IMPROVMENTS: (Including Curb,Gutter,Sidewalk,Asphalt Pavement) Curb,Gutter,Sidewalk L.F. Asphalt Pavement: SY or L.F.of Width STREET LIGHTING: #of Poles By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors,administrators and assigns forever. i1agY H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2850 N 26th-ParkPL\1001 Corrspd-ESMT-General- Sobrato\06I027c FINAL-BillofSale.DOC\CoR Page 1 IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this day of ,20_. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF )SS COUNTY OF ) 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 Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF )SS COUNTY OF ) 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 Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF )SS COUNTY OF ) 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 Notary(Print) My appointment expires: Dated: H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2850 N 26th-ParkPL\1001 Corrspd-ESMT-General- Sobrato1061 102c FINAL-BillofSale.DOC\CoR Page 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: (� k' Submitting Data: Planning/Building/Public Works For Agenda of: November 13, 2006 Dept/Div/Board. Utility Systems/Water Utility Staff Contact J.D. Wilson,x7295 Agenda Status Consent X Subject: Public Hearing.. Final Pay Estimate - CAG-03-112(WTR-27-2953) Correspondence Maplewood Water Treatment& Golf Course Improvements Ordinance Contractor: Mid-Mountain Contractors, Inc. Resolution Old Business.... Exhibits: New Business Final Pay Estimate Study Sessions Notice of Completion of Public Works Contract Information.... Recommended Action: Approvals: Council Concur Legal Dept Finance Dept X Other Fiscal Impact: Expenditure Required $1,600.55 (final pay estimate only) Transfer/Amendment 14160 Amount Budgeted $2,000.00(for final pay estimate only) Revenue Generated Total Project Budget $12,268,814 (2003-2006 total project City Share Total Project budget) Acct. No 425.500.18.5960.34.65.55562 SUMMARY OF ACTION: The construction contract was awarded to Mid-Mountain Contractors, Inc. on September 22, 2003. Construction started on October 20, 2003, and was completed on April 21, 2006. The original contract amount was $10,644,448.00 and the final contract amount is$10,800,649.73. The increase of$156,201.73, or 1.47%of the original contract amount, was used for construction change orders due to design modifications and for additional work due to unforeseen site conditions. The Water Utility has budgeted sufficient contingency funds in the project budget to cover the extra work. STAFF RECOMMENDATION: Accept the project, approve the final pay estimate in the amount of$1,600.55, and release the retainage bond in the amount of$496,353.39 after 60 days, subject to the receipt of all required authorizations. H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-2953-Maplewood Water Treatment Improvements\MidMountain Contractors,Inc\Pay Estimates\agenda-bill-final-pay-est.doc\AGtp • TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: MidMountain Contractors, Inc. CONTRACT NO. CAG 03-112 ESTIMATE NO. 28 & Final PROJECT: Maplewood Water Treatment and Golf Course Improvements 1. CONTRACTOR EARNINGS THIS ESTIMATE $1,471.09 2. SALES TAX CLD 8.80% $129.46 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $1,600.55 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $9,925,596.67 5.00 EARNINGS DUE CONTRACTOR THIS ESTIMATE $1,471.09 6. SUBTOTAL- CONTRACTOR PAYMENTS $9,927,067.76 7 SALES TAX PREVIOUSLY PAID $873,452.51 8 SALES TAX DUE THIS ESTIMATE $129.46 9 SUBTOTAL- SALES TAX $873,581.97 GRAND TOTAL: $10,800,649.73 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 8): ACCOUNT # 425/500/18.5960.34.65/55562/55562/5354 $1,600.55 # 28 & Final $1,600.55 TOTAL THIS ESTIMATE: $1,600.55 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID OBLIGATION AGAINST THE CRY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: Jb0( (LL/ omt 3� 'ldGd Note: The contractor has a retainage bond; therefore the City is not withholding retainage. 6144: NA ; 3s/at Printed On 10/31/2006 City of Renton Public Works Department Page 1 Printed On: 10/30/2006 City of Renton Public Works Department Page 1 Maplewood Water Treatment and Golf Course Protect: Improvements Contract Number. CAG 03-112 Contractor.MidMountain Contractors,Inc. Pay Estimate 28 8 Final Closing Date: 07/25/2006 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount ITEM DESCRIPT UNITS ESTQTY UPRICE PQTY PAMOUNT THISQTY TAMT TOTQTY TOTAMT Perform all work as specified as shown herein related to 001. Mobilization,Demobilization,and Daily/Final Cleanup Lump Sum 1 $480,000.00 1.00 $480,000.00 0.00 $0.00 1.00 $480,000.00 Perform all work as specified as shown herein related to 002. Earthwork Lump Sum 1 $1,000,000.00 1.00 $1,000,000.00 0.00 $0.00 1.00 $1,000,000.00 Perform all work as specified as shown herein related to 003. Over Excavation and Fill Cubic Yard 6000 $10.00 148.00 $1,480.00 0.00 $0.00 148.00 $1,480.00 Perform all work as speofied as shown herein related to 004. Shoring and Shoring Systems Lump Sum 1 $750,000.00 1.00 $750,000.00 0.00 $0.00 1.00 $750,000.00 Perform all work as specified as shown herein related to 005. Over Shoring Square Foot 3600 $10.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 rerrorm an wont as specmea as snown nerein reharea to Import and Place Structural Backfill Materials For 006. Structures.Roadway and Yard Areas Lump Sum 1 $375,000.00 1.00 $375,000.00 0.00 $0.00 1.00 $375,000.00 Perform all work as specified as shown herein related to 007. Trenching Safety Lump Sum 1 $25,000.00 1.00 $25,000.00 0.00 $0.00 1.00 $25,000.00 Perform all work as specified as shown herein related to 008. Yard Piping Lump Sum 1 $650,000.00 1.00 $650,000.00 0.00 $0.00 1.00 $650,000.00 Perform all work as specified as shown herein related to 009. Backwash and Chlorine Contact Chamber Basins Lump Sum 1 $1,600,000.00 1.00 $1,600,000.00 0.00 $0.00 1.00 $1,600,000.00 Perform alt work as specified as shown herein related to 010. Building Construction Lump Sum 1 $850,000.00 1.00 $850,000.02 0.00 $0.00 1.00 $850,000.02 Perform all work as specified as shown herein related to 11a GAC and Greensand Treatment Systems Equipment Lump Sum 1 $550,000.00 1.00 $549,999.99 0.00 $0.00 1.00 $549,999.99 11b Supply all GAC media for the GAC Treatment System Lump Sum 1 $170,000.00 1.00 $170,000.00 0.00 $0.00 1.00 al Nook Supply all Greensand,anthracite and filter gravel media for 11c the greensand Treatment System Lump Sum 1 $42,000.00 1.00 $42,000.00 0.00 $0.00 1.00 $42,000.00 Perform all work as specified as shown herein related to 012. Plant Process Piping and Mechanical Lump Sum 1 51,400,000.00 1.00 $1,400,000.00 0.00 $0.00 1.00 $1,400,000.00 Perform all work as specified as shown herein related to 013. Hypochlorite System Lump Sum 1 $140,000.00 1.00 $140,000.00 0.00 $0.00 1.00 $140,000.00 Perform all work as specified as shown herein related to 014. Electrical,Instrumentation,and Controls Lump Sum 1 $900,000.00 1.00 $900,000.00 0.00 $0.00 1.00 $900,000.00 Perform all work as specified as shown herein related to 015. Surfacing Lump Sum 1 $190,000.00 1.00 $190,000.00 0.00 $0.00 1.00 $190,000.00 Perform all work as specified as shown herein related to 016. Paving Overlay Square Yard 2700 $15.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 Perform all work as specified as shown herein related to 017. Golf Course Restoration and Landscaping Lump Sum 1 $35,000.00 1.00 $35,000.00 0.00 $0.00 1.00 $35,000.00 Perform all work as specified as shown herein related to 018. New Irrigation System Lump Sum I $25,000.00 1.00 $25,000.00 0.00 50.00 1.00 $25,000.00 Perform all work as specified as shown herein related to 019. Netting System Lump Sum 1 $250,000.00 1.00 $250,000.00 0.00 $0.00 1.00 $250,000.00 Perform all work as specified as shown herein related to 020. Traffic Control,Site Safety and Aquifer Protection Lump Sum 1 $125,000.00 1.00 $125,000.00 0.00 $0.00 1.00 $125,000.00 Perform all work as specified as shown herein related to 021. Interim Repair of Damaged Paved Surfaces,as required Square Yard 500 $40.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 Perform all work as specified as shown herein related to 022. Contractor Supplied Surveying Lump Sum 1 $50,000.00 1.00 $50,000.00 0.00 $0.00 1.00 $50,000.00 Perform all work as specified as shown herein related to As- 023. Built Drawings,Owner's Manuals and Record Documents Lump Sum 1 $20,000.00 0.98 $19,600.00 0.02 $400.00 1.00 $20,000.00_. CO#1 Relocate 196 Watermain Lump Sum 1 $4,751.07 1.00 $4,751.07 0.00 $0.00 1 00 $4,?!!� CO#2 Stone Columns Alternative Lump Sum 1 $0.00 1.00 $0.00 0.00 $0 00 1.00 $0.00 DCN#2B,Elec RFI's,Steel pipe thickness,Delete Net pole CO#3 footings,Addl earthwork and time extension Lump Sum 1 ($13,242.73) 1.00 ($13,242.73) 0.00 $0 00 1 00 ($13.242.73) Printed On: 10/30/2006 City of Renton Public Works Department Page 2 Maplewood Water Treatment and Golf Course 'roject: Improvements Contract Number: CAG 03-112 Isiowltractor:MidMountain Contractors,Inc. Pay Estimate 28&Final Closing Date: 07/25/2006 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount CO#4 Miscellaneous Changes Lump Sum 1 $10,440.32 1.00 $10,440.32 0.00 $0.00 1.00 $10,440.32 CO#5 Position Switch Signal Circuits/Remote VO Cabinet Lump Sum 1 $23,778.00 1.00 $23,778.00 0.00 $0.00 1.00 $23,778.00 CO#6 Misc piping in Booster Pump Station Lump Sum 1 $4,159.00 1.00 $4,159.00 0.00 $0.00 1.00 $4,159.00 CO#7 Delete caterproofing where not regired Lump Sum 1 ($2,025.00) 1.00 ($2,025.00) 0.00 $0.00 100 ($2,025.00) CO#8 Change Door:additional RFP repair Lump Sum 1 $10,404.00 1.00 $10,404.00 0.00 $0.00 1.00 $10,404.00 CO#9 38 Working Days Time Extention Lump Sum 1 $0.00 1.00 $0.00 0.00 $0.00 1.00 $0.00 CO#10 Add'l RFP Repair Lump Sum 1 $2,784.00 1.00 $2,784.00 0.00 $000 1.00 $2,784.00 misc vvorx:aaa supports,trace wires,relocate Hurs,aeon for chain hoist,add horns and strobes do fire alarm system: CO#11 fill feature strips on exterior concrete,extend facsia,add Lump Sum 1 $23,058.00 1.00 $23,058.00 0.00 $0.00 1 00 $23,058.00 CO#12 RFrs 103,124,144,150,139,148.&DCN#16 Lump Sum 1 $23,925.00 1.00 $23,925.00 0.00 $0.00 1,00 $23,925.00 CO#13 RFV#138,DCN#12-opt.,DCN#13,DCN#17 credit Lump Sum 1 ($3,203.00) 1.00 ($3,203.00) 0.00 $0.00 1.00 ($3,203.00) CO#14 DCN#s 18/19/20/21,RFI#156,GS modifications Lump Sum 1 $102,145.00 1.00 $102,145.00 0.00 $0.00 1.00 $102,145.00 CO#15 Repair Switch Panel B Lump Sum 1 $33,746.00 1.00 $33,746.00 0.00 $0.00 1.00 $33,746.00 '6 Settlement of Claims from electrical subcontractor Lump Sum 1 $33,500.00 1.00 $33,500.00 0.00 $0.00 100 $33,500.00 DCN#s 24,25,26,27&28 and other nxsc work as 'mil 7 described in MMC CP#35 and#46. Lump Sum 1 $43,297.00 1.00 $43,297.00 0.00 $0.00 1.00 $43,297.00 Miscellaneous Corrections:Item 10 deduct$0.02:hem 1 la add$0.01 and CO#3 on Pay Estimate#7-add$1,071.10. Lump Sum 1 $1,071.09 0.00 $0.00 1.00 $1,071.09 1.00 $1,071.09 Subtotal $9,925,596.67 $1,471.09 $9,927,067.76 8.8%Sales Tax $873,452.51 $129.46 $873,581.96 TT Total $10,799,049.18 $1,600.55 $10,800,649.72 Gkty 'i 0c, 2046 ki 0,1166 ���sTarEo� State of Washington Reg.No.:UBI 600 546 077 Department of Revenue < — Audit Procedures&Administration Date: y 188 � 0y4a PO Box 47474 9� Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To 1055 S.Grady Way Renton,WA 98055 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract Maplewood Water Treatment&Golf Course Improvements Contractor's Name Mid-Mountain Contractors, Inc Telephone No.425-202-3600 Contractor's Address P.O Box 2909 Kirkland,WA 98083-2909 Date Work Commenced Date Work Completed Date Work Accepted October 20,2003 April 21,2006 November 13,2006 Surety or Bonding Co. National Union Fire Insurance Company of Pittsburgh,PA Agent's Address Parker,Smith&Feek,Inc.,2233—112th Avenue NE,Bellevue,WA 98004 425-709-3600 Contract Amount: $9,783,500.00 Amount Disbursed: $10,800,649.73 Additions or Reductions: $143,567.76 Amount Retained: Retainage Bond held by City of Renton Sales Tax: $873,581.97 Total: $10,800,649.73 Total $10,800,649.73 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia,Washington 98504- 7474,immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. FORM REV 31 0020(12-92) H:\File Sys\WTR-Drinking Water Utility\WTR-27-Water Project Files\WTR-27-2953-Maplewood Water Treatment Improvements\MidMountain Contractors,Inc\Pay Estimates\noticeoftompletionPWContract-DOC\AG C:77 i.i v.✓vJ�vJ. Date 114g-02066 COMMUNITY SERVICES COMMITTEE REPORT November 13, 2006 Appointment of Heather Nugent to the Library Board (November 6, 2006) The Community Services Committee recommends concurrence in the staff recommendation to approve the appointment of Heather Nugent to the Library Board for a term expiring on June 1, 2011. 0 Toni Nelson, Chair 762/1.4(L' 7g.OnYta Marcie Palmer, Vice Chair ,i a� v_ Dan Clawson, Member C: Bette Anderson, Library Director Ar77 ..� �� COMMUNITY SERVICES COMMITTEE COMMITTEEE REPORT Data / -/,3 AlCe6 November 13, 2006 2"d Round Neighborhood Grant Projects 2006 (Referred November 6, 2006) The Community Services Committee recommends concurrence in the staff recommendation to approve the following grant awards. 1. Tiffany Park—Continue development of a Pocket Park on Seattle Public Utilities owned right of way in Renton. Area is approximately a quarter of an acre and is bordered by Puget Drive, Beacon Way SE and 16th Street. $858 The Committee further recommends approval of funding for the following administrative newsletter applications: 1. Earlington—Annual printing for 6 newsletters a year distributed by newsletter box at mailbox kiosk. $300 2. Kennydale N eighb, hood Association—Annual printing of quarterly newsletter distributed "`` `� . $2,000 3. Renton Hill Neighborhood Association—Annual printing expenses for a newsletter printed twice a year and distributed door-to-door. $427 4. Summerwind Homeowners Association—Annual printing and postal expenses for a quarterly newsletter. $279 5. Tiffany Park Homeowners Association—Annual printing for a newsletter printed twice a month and distributed door-to-door. $89 6. Tiffany Park Neighborhood Association—Annual printing expenses for a newsletter printed twice a year and distributed door-to-door. $532 This second round of applications total is $4,485 leaving a remaining budget of$32,746. Toni Nelson, Chair Ch()0.4&.-12. '&0441.A ----- Marcie Palmer, Vice-Chair Dan Clawson, Member Cc Norma McQuiller Suzanne Dale Estey Alex Pietsch *:Revdsed Reo1 .iJIô' //-/3-06 (pni-r Zonerano%d) CITY OF RENTON, WASHINGTON Agenda :Term 9 , RESOLUTION NO. Jg'4/0 ,4dop f ed //4346 / A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A MORATORIUM ON NEW DEVELOPMENT IN THE R-10 ZONE WITHIN THE HIGHLANDS STUDY AREA, ESTABLISHING A HEARING DATE OF DECEMBER 11, 2006, AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM. WHEREAS, the City of Renton has expended substantial time and energy on its Comprehensive Land Use Plan and associated policies; and WHEREAS, the City of Renton has identified a study area for refinement of the Comprehensive Plan with a sub-area plan in the Renton Highlands to further its economic development objectives; and WHEREAS,the City of Renton has expended substantial funds developing a preliminary vision and evaluating market factors for redevelopment in the Highlands study area; and ?a' WHEREAS, the R-10 zone is currently mapped on a number of properties within the Highlands sub-area plan study area; and WHEREAS, the density allowed currently in the R-10 zone allows a minimum of 4 units per net acre; and WHEREAS,the uses in the R-10 zone allow single-family detached housing and lower density duplexes that are not consistent with broad redevelopment objectives for the Highlands study area; and WHEREAS, construction of lower density development in the form of single-family units removes developable land from the stock of land for development or redevelopment, thereby frustrating the City's economic development efforts; and 1 RESOLUTION NO. WHEREAS,the City of Renton wishes to encourage quality infill development at densities that support redevelopment of the Center Village; and WHEREAS, approval and construction of single family housing within the identified study area, without review of the Comprehensive Plan policies, may undermine the benefits of coordinated planning, and may foreclose or irreparably damage long-term Comprehensive Plan goals; and WHEREAS, a moratorium is required to provide adequate time for City staff to prepare and present proposed changes to the Comprehensive Plan and zoning, and present such changes to the City Council for review and adoption; 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. St SECTION II. There is hereby declared a limited term moratorium on the permitting of subdivision of property for new single-family residential development or accessory uses, including plats, lot line adjustments, and site plan review entitlements in the R-10 zone within the Highlands Study Area. The area of the moratorium is shown on the attached map. SECTION III. There is hereby established a public hearing date on the 11th day of December, 2006, for the City Council to take testimony on this moratorium and to consider the modification, revision, or termination of this moratorium. SECTION IV. This moratorium shall be in place for a period not to exceed six months, unless otherwise modified by the City Council, which period may be extended or renewed for one or more additional periods, but only if a subsequent public hearing is held and findings of fact are made prior to each renewal, to support such renewal. 2 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1223:11/13/06 3 . - /5 read/4g 4-06 CITY OF RENTON, WASHINGTON Ad°,vied //-13..2006 ORDINANCE NO. 5a 27 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 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 II. 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