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HomeMy WebLinkAboutCouncil 12/11/2006 AGENDA RENTON CITY COUNCIL REGULAR MEETING December 11, 2006 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PUBLIC HEARINGS: a. Boeing Renton Plant Sub-District 1-B Planned Action b. Annexation and zoning of 60.5 acres located in the vicinity of Maple Valley Hwy. and 130th Ave. SE(Maplewood Addition) c. East Renton Plateau Potential Annexation Area prezoning d. Moratorium on new development in the R-10 zone within the Highlands Study Area 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review,and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 12/4/2006. Council concur. b. City Clerk submits 11/7/2006 Special Election certification from King County Records and Elections for Proposition 1,Initiative Measure Concerning Fireworks. The result of the special election is as follows: 5,515 "yes" votes and 9,219 "no" votes. Initiative to repeal the fireworks ban and expand on sales and use FAILED. Information. c. Development Services Division recommends approval,with conditions,of the Cottages at Honey Creek Final Plat(FP-06-041); 27 single-family lots on 4.1 acres located at 4821 NE Sunset Blvd. Council concur. (See 9.a. for resolution.) d. Development Services Division recommends approval,with conditions, of the Savannah at the Park Final Plat(FP-06-127); ten single-family lots on 1.73 acres located at 909 Union Ave. NE. Council concur. (See for 9.b. resolution.) e. Economic Development,Neighborhoods and Strategic Planning Department recommends allocation of the 2007 lodging tax revenues as recommended by the Lodging Tax Advisory Committee. Refer to Finance Committee. f. Economic Development,Neighborhoods and Strategic Planning Department recommends approval of an agreement with Transwestem Harvest Lakeshore, LLC to establish terms and conditions for the purchase of a public parking garage associated with The Landing project. Council concur. g. Hearing Examiner recommends approval, with conditions, of the Magnussen Preliminary Plat (PP-06-053); 49 lots and two drainage tracts on 8.37 acres located between Duvall and Field Avenues NE,north of NE 2nd St. Council concur. h. Maintenance Services Division recommends acceptance of a deed of dedication for additional right-of-way at Blaine Ave.NE, and authorization for the expenditure of$9,100 to restore the property owners' driveway and parking strip. Council concur. (CONTINUED ON REVERSE SIDE) t i. Technical Services Division recommends approval of the City-initiated request for release of easement on behalf of Boeing and Transwestern Harvest Lakeshore LLC for property located in the vicinity of Garden Ave. N. for The Landing project. Council concur. j. Transportation Systems Division recommends approval of Supplemental Agreement#1 to CAG- 03-094,agreement with Osborn Pacific Group, Inc.,to complete monitoring services for the Oakesdale Ave. SW Phase II wetland in the amount of$63,110.21. Council concur. k. Utility Systems Division recommends approval to use the remaining Housing and Urban Development grant funding in the amount of$146,683 to fund the Transportation Improvement Program Fund 317 budget for the Ripley Lane N. project,which is related to the Port Quendall site redevelopment. Council concur. 1. Utility Systems Division recommends approval of a contract in the amount of$185,548 with R.W. Beck, Inc. to develop a new surface water design manual. 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. Committee of the Whole: The Landing Garage Purchase Agreement; 2007 Budget* b. Finance Committee: Vouchers; Tiffany Park Activity Building Bid Award c. Planning&Development Committee: Removal of Restrictive Covenants from Dalpay Properties d. Transportation(Aviation)Committee: Agreement with WSDOT for SR-169(Maple Valley Hwy.)Improvements*; Contract Addendum with Berger/Abam Engineers for Duvall Ave.NE Widening;Airport Layout Plan e. Utilities Committee: JDA Group Water Main Oversizing Reimbursement Request 9. RESOLUTIONS AND ORDINANCES Resolutions: a. Cottages at Honey Creek Final Plat(see 6.c.) b. Savannah at the Park Final Plat(see 6.d.) c. Agreement with WSDOT re: Maple Valley Hwy. Improvements Phase 2 (see 8.d.) Ordinances for first reading and advancement to second and final reading: a. Boeing Renton Plant Sub-District 1-B Planned Action(see 3.a.) b. Approving the Maplewood Addition Annexation(see 3.b.) c. Establishing R-4 zoning for the Maplewood Addition Annexation (see 3.b.) d. 2007 annual City of Renton Budget(see 8.a.) e. Establishing property tax levy for 2007(see 8.a.) f. Henry Moses Aquatic Center rates and fees (see 8.a.) g. Facilities and recreation rates and fees(see 8.a.) h. Golf course fees(see 8.a.) Ordinances for second and final reading: a. Extending sunset clause for multi-family housing property tax exemption(1st reading 12/4/2006) b. 2006 Budget amend to transfer funds for Renton Heart Month activities (1st reading 12/4/2006) c. 2006 year-end budget amendments (1st reading 12/4/2006) 10. NEW BUSINESS(Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT (CONTINUED ON NEXT PAGE) COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 5 p.m. The Landing Garage Purchase Agreement; Annexation Interlocal Agreements with King County; 2007 Budget • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11:00 AM&9:00 PM,WED.&FRI.AT 9:00 AM&7:00 PM AND SAT.&SUN.AT 1:00 PM&9:00 PM RENTON CITY COUNCIL Regular Meeting December 11, 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; DON PERSSON; MARCIE PALMER; COUNCILMEMBERS TERRI BRIERE; DENIS LAW; DAN CLAWSON; TONI NELSON. CITY STAFF IN KATHY KEOLKER, Mayor;JAY COVINGTON, Chief Administrative ATTENDANCE Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator;JILL DING, Senior Planner; MICHAEL BAILEY, Finance and Information Services Administrator; ALEX PIETSCH, Economic Development Administrator; REBECCA LIND, Planning Manager; DON ERICKSON, Senior Planner; TERRY HIGASHIYAMA, Community Services Administrator; MARTY WINE,Assistant CAO; CHIEF I. DAVID DANIELS, Fire Department; COMMANDER KENT CURRY, Police Department. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Development Services: Boeing accordance with local and State laws,Mayor Keolker opened the public hearing Subdistrict 1B Planned Action to consider designating a Planned Action for Sub-District 1-B of the Boeing Plant Property, an approximately 51-acre parcel bounded by Logan Ave. N. on the west, Garden Ave. N. on the east,N. 8th St. on the north, and N. 6th St. on the south. Senior Planner Jill Ding reviewed the project history as follows: • October 2003 - Environmental Impact Statement(EIS) completed. • December 2003 - Comprehensive Plan amendment completed. • December 2003 - City and Boeing established a development agreement. • November 2005 - Conceptual plan for redevelopment approved. Ms. Ding stated that the parcel can be divided into two major components. The northern 21.2 acres, which Harvest Partners has a right of first offer to purchase, is known as the ROFO area. The remaining southern 29.5 acres is referred to as the Boeing remainder. She explained that development of the ROFO area would likely include a large format retailer at the intersection of Logan Ave. N. and N. 8th St. Additionally, small and medium format supporting retail shops are envisioned along both sides of Park Ave. N. Regarding the Boeing remainder area,Ms. Ding indicated that Boeing will continue to utilize four existing office buildings and three parking garages. She noted that near term changes are not proposed for these buildings. Ms. Ding pointed out that approximately 12.85 acres interspersed between the office buildings have been identified for potential redevelopment. Potential redevelopment may include multi-family residential,medium and small format retail shops, and office or lab buildings. She concluded that the Planned Action legislation, combined with the approved 2003 EIS and development agreement, streamlines the permitting process by utilizing existing environmental documentation. Staff recommends that Council: cancel the referral of this issue to Committee of the Whole; approve the use of the existing environmental documentation contained within the December 11,2006 Renton City Council Minutes Page 439 Boeing EIS for future redevelopment of the site; and present the ordinance for first and second reading tonight. Public comment was invited. There being none, it was MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 449 for ordinance, and page 451 for additional Council action.) Annexation: Maplewood This being the date set and proper notices having been posted and published in Addition,Maple Valley Hwy accordance with local and State laws, Mayor Keolker opened the public hearing to consider the proposed annexation and zoning of 60.5 acres, located south of Maple Valley Hwy. (SR-169), east of 130th Ave. SE, and north and west of the Cedar River(Maplewood Addition). Senior Planner Don Erickson reported that the Boundary Review Board(BRB) approved the original 60.5-acre area as part of an expanded annexation of 345 acres. The first public hearing on zoning for the 345 acres was held on 8/7/2006. He explained that the 11/9/2006 State Supreme Court decision (Interlake Sporting Association vs. Boundary Review Board) invalidates the BRB's authority to expand an annexation area's original boundaries; therefore, this second zoning public hearing is for the original 60.5-acre area. Mr. Erickson stated that the area contains 161 single-family dwellings and an Aquifer Protection Area 1. Both Renton and Maplewood Addition Water Cooperative derive their potable water from sole source aquifers beneath the Cedar River. Reviewing the public services, he indicated that the area is served by Maplewood Addition Water Cooperative, Renton sewer, Cedar River Water and Sewer District,Fire District#25, and the Renton School District. In regards to the fiscal impact analysis, Mr. Erickson indicated that the estimated annual fiscal cost to the City is $39,256. Turning to the zoning of the area,Mr. Erickson reported that existing King County zoning is R-6 (six dwelling units per gross acre), and the City's Comprehensive Plan designates the area as Residential Low Density for which R-4 (four dwelling units per net acre)zoning is proposed. In conclusion,he relayed staffs recommendation to approve the ordinances. Public comment was invited. Iola Puckett, 15270 Pine Dr., Renton, 98058, stated that she had requested to be a party of record for this matter. However, she clarified that she actually wants to be a party of record for the annexation of the Wonderland Estates Mobile Home Park and the Aqua Barn area. There being no further public comment, it was MOVED BY BRIERE, SECONDED BY NELSON,COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL HOLD FIRST AND SECOND READINGS OF THE ORDINANCES ANNEXING THE 60.5-ACRE MAPLEWOOD ADDITION ANNEXATION SITE AND REZONING THE NON-STREET PORTIONS TO R-4 CONSISTENT WITH THE COMPREHENSIVE PLANS RESIDENTIAL LOW DENSITY DESIGNATION FOR THIS SITE. CARRIED. (See page 449 for ordinances.) Planning: East Renton Plateau This being the date set and proper notices having been posted and published in PAA Future Zoning accordance with local and State laws,Mayor Keolker opened the public hearing to consider prezoning for the entire East Renton Plateau Potential Annexation December 11,2006 Renton City Council Minutes Page 440 Area, which includes the 1,475-acre Preserve Our Plateau Annexation area. The area is located generally east of Union Ave. SE, west of 184th Ave. SE, south of SE 128th St., and north of SE 149th St. The election regarding the Preserve Our Plateau Annexation will be held on 2/6/2007. Planning Manager Rebecca Lind stated that the East Renton Plateau Citizen Task Force was formed in September to advise the City on planning issues related to this 2,091-acre area. Since the first prezoning public hearing held on 11/6/2006,the task force held meetings and arrived at a majority and minority report. City staff arrived at a revised recommendation. Ms. Lind explained that Renton's Comprehensive Plan designates most of the area as Residential Low Density(RLD), and a small portion as Residential Single Family, which allows R-8 (up to eight dwelling units per acre) zoning. The RLD designation allows R-4(maximum of four dwelling'units per acre), R- 1 (maximum of one dwelling unit per acre), and Resource Conservation (maximum of one dwelling unit per ten acres)zoning. Ms. Lind reviewed the mapping criteria for each of the zones. Continuing, Ms. Lind reviewed the areas of zoning where consensus was achieved by the task force majority and minority, and staff. She listed the areas of consensus for the regulations, including design review standards, bonus incentives for quality development, and revisions to the animal regulations. Ms. Lind then reviewed how the minority,majority, and staff recommendations differed, including zoning boundaries and bonus systems. She noted the complexity of the zoning text issues. Ms. Lind stated that the task force considered environmental constraints, Comprehensive Plan mapping policy, and utility availability in formulating its recommendation. She indicated that the major difference between the majority and minority reports is the different interpretation of the definition of pervasive environmental constraints. Ms. Lind detailed the environmental constraints of the area, focusing on topography,hydrology, and utilities. Regarding the next steps, Ms. Lind said the Planning Commission will discuss the issue at meetings on 12/13/2006 and 1/3/2007. She recommended that the matter be referred to the Planning and Development Committee, and a meeting of the Committee be scheduled on 1/4/2007. Public comment was invited. Richard Hutchinson, 14063 171st Ave. SE, Renton, 98059, stating that he lives west of 175th Ave. SE, expressed his support for the staff recommendation. He pointed out that the area west of 175th Ave. SE has the least vegetation, streams and wetlands, and has minimal slopes. Mr. Hutchinson opposed having to go to extra lengths to bonus up to R-4 zoning in order to build another house on his property. Pat Giorgetti, 16904 SE 142nd St., Renton, 98059, said he resides in the same area as the previous speaker. He referred to an area-stream as a drainage ditch for storm runoff,and voiced his support for the staff recommendation. Rob Graham, 17404 SE 140th St., Renton, 98059, stated that his property is correctly zoned R-4. He agreed with the task force's minority report in regards to allowing subdivision of property without requiring sewer and encouraging logical development at maximized density. David Buckner, 1416 Jones Ave. NE., Renton, 98056, spoke on behalf of the owner of properties at 166th Ave. SE and SE 128th St. He expressed support Amw December 11,2006 Renton City Council Minutes Page 441 for the R-4 zoning of the property. Mr. Buckner asked that affected parties be provided with information that includes the recent changes, and that additional hearings be held on the matter. Chip Hanauer,2702 NE 88th St., Seattle, 98115, spoke in support of R-4 zoning for previous speaker Rob Graham's property. Mr. Hanauer pleaded for fairness, consistency,and empathy in this decision making process, asking that affected citizens'prior planning for their property be respected. Gwendolyn High, 13405 158th Ave. SE, Renton, 98059, introduced herself as the president of CARE (Citizens'Alliance for a Responsible Evendell),noting that the group is the proponent for the proposed annexation. She stated that the majority report and staff recommendation take into account the shared impacts resulting from developments, such as water drainage. Ms. High made suggestions regarding the use of bonuses, emphasizing that if allowed,the bonus criteria must be clearly defined. She concluded by pointing out the importance of minimizing unintended consequences. Dermont Christensen stated that he is building a house at 14228 171st Ave. SE, Renton, 98059,and voiced his support for R-4 zoning of the property. Mr. Christensen relayed that affected residents are concerned about how the zoning changes will affect them. He indicated that if their concerns and fears are not allayed,residents will vote no on the annexation due to a lack of information regarding the issues. Stephanie Lorenz,4725 NE 4th St., Suite B, Renton, 98059,spoke on behalf of the task force minority. She explained why the minority changed the zoning recommendation from R-1 to R-4 on the mostly King County-owned northern peat bog area. Ms. Lorenz also pointed out an R-1 southern boundary line that may need to be changed. Additionally, she stated that the minority feels the area abutting 175th Ave. SE should remain R-4 with a base density of two. Ms. Lorenz indicated that the bonus criteria will ensure better quality development. Finally,Ms. Lorenz expressed her concern that the Master Builders Association and Futurewise(public interest group)may not be doing their best work for the area. Robert Krauss,2708 NE 24th St.,Renton, 98056, indicated that he owns property in the area that should be zoned R-4 without any bonuses due to the surrounding zoning. Garrett Huffman, South King County Manager of the Master Builders Association of King and Snohomish Counties, 335 116th Ave. SE, Bellevue, 98004,stated that an R-1 zone inside the Urban Growth Boundary is inappropriate. Mr. Huffman emphasized that the adopted critical areas ordinance addresses sensitive areas; therefore,the area should be zoned R-4. Correspondence was read from Robert Graham, 17404 SE 140th St., Renton, 98059, stating that his property is correctly zoned at R-4, and a downzone will devalue his property. Mr. Graham indicated his preference to remain in King County if R-1 zoning is adopted. Correspondence was read from Tom Carpenter, 15006 SE 139th Pl., Renton, 98059, encouraging Council to favor the recommended R-1 zoning proposals in the task force majority report until such time as adequate hydrology information becomes available. December 11,2006 Renton City Council Minutes Page 442 There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY LAW, SECONDED BY CORMAN, COUNCIL REFER THIS ITEM TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Planning: Highlands Subarea This being the date set and proper notices having been posted and published in Plan Study Area Moratorium accordance with local and State laws, Mayor Keolker opened the public hearing to consider the continuation of the moratorium on new development in the R-10 zone within the Highlands Study Area. The moratorium, which was declared on 11/13/2006, terminates on 5/13/2007. Planning Manager Rebecca Lind stated that the current R-10 zone does not effectively implement the Comprehensive Plan. Many existing lots can be subdivided at a standard that is below the single-family lot size standard included in the Highlands Zoning Task Force recommendation. She indicated that this lower density subdivision is not consistent with the Center Village Comprehensive Plan designation or proposed zoning. Additionally, Ms. Lind stated that the task-force-recommended design guidelines are not in place. Pointing out that the Highlands land use and zoning package has been appealed, Ms. Lind explained that the moratorium achieves the following: allows time for the resolution of the SEPA(State Environmental Policy Act) appeal, eliminates the need for interim zoning changes to the R-10 zone,and supports the goal of achieving more efficient land use in the Highlands. She noted that the moratorium can be removed early if the new zoning is in place. Public comment was invited. Kirk Moore, 1901 Harrington Circle NE, Renton, 98056, stated that the original moratorium was due to expire prior to implementation of the new land use and zoning amendments that the task force and staff worked hard to develop. He emphasized that the moratorium only prevents the subdivision of R-10 zoned property and does not prevent property improvements. Mr. Moore said the proposed R-14 zoning restricts lot sizes to 5,000 square feet, while R-10 zoned lots can be subdivided to 3,000 square feet. He indicated that the task force reluctantly requested the moratorium. Mr. Moore pointed out the possibility of changing the R-10 zoning to allow 5,000 square foot minimum lots, which could be done in place of the moratorium. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2006 and beyond. Items noted included: * The Renton Youth Symphony Orchestra performs its Holiday Concert at Carco Theatre on December 16. * The 2007 Winter/Spring "What's Happening..."brochure of recreation programs is now available. Affirma, December 11,2006 Renton City Council Minutes Page 443 AUDIENCE COMMENT Charles Grass, 3919 NE 19th St.,Renton, 98056, requested a City-initiated Citizen Comment: Grass- zoning designation change of five properties located in the vicinity of 138th 2007 Comprehensive Plan Ave. SE(Duvall Ave. NE) and SE 107th Pl. in the proposed Marshall Amendment,Marshall Annexation area from R-4 to Commercial Neighborhood. He explained why Annexation Properties the properties are included in the request,pointing out that he wants to redevelop his parcel from a residential structure to a professional office building. Mr. Grass pointed out that two of the properties are located across from the Shannon's Village retail and professional office complex. He stated that residential properties tend to fall into disrepair in this area as a result of people not wishing to live on the busy arterial of Duvall Ave.NE,which is in the process of being widened. Planning Manager Rebecca Lind explained that the filing deadline for the 2007 Comprehensive Plan amendments is December 15, and Mr. Grass is requesting that the City initiate the request so he does not have to pay the filing fee. Councilwoman Briere stated that due to some of the properties'proximity to Shannon's Village, it seems reasonable that a commercial designation be carried on both sides of the street. She expressed her support for a City-initiated request, saying that commercial zoning is a logical change. MOVED BY BRIERE, SECONDED BY PERSSON, COUNCIL CALL THIS A CITY-INITIATED REZONE AND WAIVE THE FEE. CARRIED. Citizen Comment: Hunt- Bob Hunt, 15625 156th Pl. SE, Renton,98058,presented Council with a copy Renton From Coal to Jets of the revised publication Renton-From Coal to Jets,which was originally Revised Publication published in 1976. He noted that the Renton Historical Society funded the reprint of the book. Mr. Hunt stated that the publication is available for sale at the Renton History Museum,has been distributed to libraries, and has been registered with the Library of Congress. 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.f. was removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of December 4, 2006. Council concur. 12/4/2006 City Clerk: 2006 Special City Clerk submitted 11/7/2006 Special Election certification from King County Election Certification Records and Elections for Proposition 1, Initiative Measure Concerning (Proposition 1,Measure Fireworks. The result of the special election is as follows: 5,515 "yes" votes Concerning Fireworks) and 9,219 "no" votes. Initiative to repeal the fireworks ban and expand on sales and use FAILED. Information. Plat: Cottages at Honey Creek, Development Services Division recommended approval, with conditions,of the NE Sunset Blvd, FP-06-041 Cottages at Honey Creek Final Plat; 27 single-family lots on 4.1 acres located at 4821 NE Sunset Blvd. Council concur. (See page 449 for resolution.) Plat: Savannah at the Park, Development Services Division recommended approval, with conditions,of the Union Ave NE, FP-06-127 Savannah at the Park Final Plat; ten single-family lots on 1.73 acres located at 909 Union Ave.NE. Council concur. (See page 449 for resolution.) EDNSP: 2007 Lodging Tax Economic Development,Neighborhoods and Strategic Planning Department Collections Allocation, recommended allocation of the 2007 lodging tax revenues as recommended by Lodging Tax Advisory the Lodging Tax Advisory Committee. Refer to Finance Committee. Committee December 11,2006 Renton City Council Minutes Page 444 Plat: Magnussen, Duvall Ave Hearing Examiner recommended approval, with conditions,of the Magnussen NE, PP-06-053 Preliminary Plat; 49 lots and two drainage tracts on 8.37 acres located between Duvall and Field Avenues NE, north of NE 2nd St. Council concur. Public Works: Blaine Ave NE Maintenance Services Division recommended acceptance of a deed of ROW Dedication dedication from Benjamin M. Coleman and Melissa A. Bradbury for additional right-of-way at Blaine Ave. NE, and authorization for the expenditure of$9,100 to restore the property owners'driveway and parking strip. Council concur. Release of Easement: The Technical Services Division recommended approval of the City-initiated request Landing,Boeing& for release of easement on behalf of Boeing and Transwestern Harvest Transwestern Harvest Lakeshore LLC for property located in the vicinity of Garden Ave. N. for The Lakeshore, RE-06-001 Landing project. Council concur. CAG: 03-094, Oakesdale Ave Transportation Systems Division recommended approval of Supplemental SW Ph II Wetland Monitoring, Agreement#1 to CAG-03-094, agreement with Osborn Pacific Group, Inc., to Osborn Pacific Group complete monitoring services for the Oakesdale Ave. SW Phase II wetland in the amount of$63,110.21. Council concur. Utility: Ripley Lane N TIP Utility Systems Division recommended approval to use the remaining Housing Project, HUD Grant Funds and Urban Development grant funding in the amount of$146,683 to fund the Transportation Improvement Program Fund 317 budget for the Ripley Lane N. project, which is related to the Port Quendall site development. Council concur. Utility: Surface Water Design Utility Systems Division recommended approval of a contract in the amount of Manual, RW Beck $185,548 with R.W. Beck, Inc. to develop a new surface water design manual. Council concur. Added Item 6.m. Legal Division recommended acceptance of a correction deed from United Way Legal: Correction Deed, Davis related to the conveyance of a portion of land at the intersection of Davis Ave. Ave S & S 43rd St Intersection S. and S. 43rd St. Council concur. Added Item 6.n. Transportation Systems Division recommended approval of Supplemental CAG: 06-082, Rainier Ave& Agreement#1 to CAG-06-082, agreement with KPG, Inc., for additional design Hardie Ave SW Improvements services in the amount of$200,000 for the Rainier Ave. S. and Hardie Ave. SW Design,KPG Inc Improvement project. Council concur. MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 6.f. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Economic Development,Neighborhoods and Strategic Planning Department Item 6.f. recommended approval of an agreement with Transwestern Harvest Lakeshore Planning: The Landing Parking LLC to establish terms and conditions for the purchase of a public parking Garage, Transwestern Harvest garage associated with The Landing project. Lakeshore MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL SUSPEND THE RULES AND ADVANCE TO THE COMMITTEE OF THE WHOLE REPORT ON THIS SUBJECT. CARRIED. Committee of the Whole Council President Corman presented a Committee of the Whole report Planning: The Landing Parking recommending concurrence in the staff recommendation to approve the parking Garage,Transwestern Harvest garage agreement with Transwestern Harvest Lakeshore LLC(THL) for The Lakeshore Landing, an urban village development located on property formerly a part of the Boeing Renton Plant. The establishment of a public parking garage in the development will allow a higher intensity project, with more retail and restaurant square footage and a December 11,2006 Renton City Council Minutes Page 445 more urban atmosphere. Additionally, it will help relieve a challenging parking situation at nearby Gene Coulon Memorial Beach Park. The City is obligated under the 2003 development agreement(with Boeing)to invest up to two-thirds of anticipated tax revenues from redevelopment in public infrastructure that will support and enhance the development. Sufficient revenues remain under the two-thirds rule to complete the road and utility infrastructure construction that is already underway and finance the purchase of a parking garage. Key provisions of the agreement include: • THL agrees to sell the garage(and the underlying land)to the City for the lesser of actual cost or$12.5 million. The current cost estimate for the parking garage is $15.3 million. • The City will not actually purchase the garage until The Landing reaches 70 percent occupancy(including a Target store and a multi-screen cinema). At that time,the City pays THL $10.8 million. • If The Landing achieves 90 percent occupancy within the 36 months after the initial 70 percent occupancy threshold is achieved,the City pays THL an additional $1.7 million. • If, for some reason, the garage is not completed or if the 70 percent occupancy threshold is not achieved by 12/31/2010,the City has no further obligation to purchase the garage. • The garage will be operated and maintained by THL at no cost to the City. The terms of a maintenance and operating agreement are in draft form and are attached to the purchase agreement. They will be finalized prior to execution of the purchase agreement. • The City will have the opportunity to have an independent architect review the architectural and engineering plans for the garage prior to permit submittal as well as the completed garage prior to purchase to ensure the quality and integrity of the design and construction. The proposed purchase agreement ensures that the City will invest those funds by purchasing a public parking garage when and if sufficient retail activity is taking place at The Landing in order to support the necessary debt service at a purchase price that is either at, but likely,well below the facility's actual cost. ' The Committee further recommended that the Mayor and City Clerk be authorized to sign the parking garage agreement. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. UNFINISHED BUSINESS Council President Corman presented a Committee of the Whole report Committee of the Whole regarding the 2007 budget ordinances. Budget: 2007 Annual City of Property Tax Levy. A revised preliminary property tax worksheet recently Renton provided by King County has a revised estimate for total general government property taxes of$23,466,451, based on $248,587,985 in new construction. King County does not finalize the property tax estimate until near the end of December. The 2007 Budget estimate, assuming new construction of$300 million and property taxes of$23,646,892, is recommended. Golf Course Greens Fees. The Committee recommended that certain golf course greens fees be increased. Recreation Fees. The Committee recommended that certain recreation fees and rates be increased. • December 11,2006 Renton City Council Minutes Page 446 2007 Budget. The Committee recommended adoption of the 2007 Budget, including the following changes as proposed in the preliminary budget: • General Fund- Increase the revenue estimate for property taxes by$1.9 million. • General Fund- Increase the revenue estimate for sales taxes by$1.7 million. • In 2007, as required by the State of Washington, increase the City's contributions to the mandatory retirement system by an average of 44.5 percent. • Employee Health Insurance- Increase of the cost of employee health insurance,anticipated at 10 percent for 2007. • Executive Budget-Increase by$15,000 in order to conduct a citizen survey. • City Clerk's Office-Add 0.5 FTE (full time employee) in the amount of $36,000 for a records assistant. • Economic Development,Neighborhoods and Strategic Planning Department-Increase of$75,000 for census enumeration and increase of $300,000 for downtown way-finding and gateway signage, and for a study to better link the downtown with other commercial centers. • Fire Department-Add two FTEs($219,000) for emergency management and administrative support. . • Library- Restore one FTE ($88,000), which was cut in the 2005 Budget. • Community Services-Add one FTE ($100,000) for a parks maintenance worker. • Human Services-Add$157,000 to human service programs. • Aquatics-Add additional program hours to the Henry Moses Aquatic Center. • Finance and Information Services Department- Add one FTE($80,000) for a new position that will coordinate the City's investment program and conduct internal audits of City accounts, and add one FTE to Information Services for help desk support. • Human Resources and Risk Management Department-Add two FTEs ($166,000). • Planning/Building/Public Works Department- Add one FTE for a street maintenance worker,add one FTE for a construction inspector, and add one FTE for a code compliance officer. • Police Department-Add two FTEs for jail transport and two FTEs for patrol officers, effective 1/1/2007. • Increase overtime budget by$150,000 for a neighborhood traffic enforcement pilot program and crime reduction emphasis in the Highlands neighborhood. • General Governmental Funds-Use $300,000 of the General Governmental fund balance for significant replacements of equipment in the Fire Department. • Debt Services Fund/Capital Improvement Fund-Transfer of$1.5 million fund balance from the Debt Services Fund to the Capital Improvement Fund (Fund 316) for the purpose of investing in capital improvements and major maintenance of City facilities. • Fund 316- Increase by$2 million the fund reserves. • Funds 317 and 318 -A total of$36,416,027 for transportation improvement projects, an increase of$18,132,327 over the prior year. December 11,2006 Renton City Council Minutes Page 447 • Municipal Court Judge - Increase by $2,308 the Judge's salary and benefits budget in order to comply with Senate Bill 5454,the Municipal Judges Compensation Standard, established by the State of Washington. • Utilities-Add one FTE in water and surface water systems each for a total increase of two FTEs. • Solid Waste- Add 0.5 FTE to continue the Clean Sweep Renton program. The Committee recommended a total,balanced 2007 Budget of$210,861,478 and increases to ending fund balance of$1,778,193 for a total budget with fund balances of$212,639,671. The Committee also agreed that the following items will be considered during the first quarter of 2007: property tax increases, Henry Moses Aquatic Center fees,consideration of hydrology matters, and a permanent restroom at the downtown Renton Transit Center. The Committee further recommended that the ordinances regarding these matters be presented for first reading and second reading. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 450 for ordinances.) Transportation: BNSF Rail At the request of Council President Corman, Chief Administrative Officer Jay Corridor Covington reported on the Burlington Northern Santa Fe(BNSF)railroad track abandonment issue. He said the City has been working with BNSF and Washington State Department of Transportation(WSDOT)to try to determine what the impacts will be to Renton, such as on a near-term basis as a result of the loss of the Spirit of Washington Dinner Train, as well as on a long-term basis with the potential loss of the rail line as an alternative route of transportation. City concerns have been expressed regarding the coupling of the closure of the line over the Cedar River while BNSF replaces the railroad bridge to accommodate the larger Boeing fuselages and the timing of that relative to the City's work on Rainier Ave. S. and Hardie Ave. SW. Mr. Covington stated that as of today, the City has not received any information from either WSDOT or BNSF regarding their ability to help Renton facilitate the construction of the Rainier or Hardie railroad bridges, or their ability to conduct the work within a timeframe that does not extend the closure of the rail line or potentially jeopardize Boeing's ability to deliver inventory to its plant. Council President Corman relayed that in a note to Council, Mr. Covington summarized two possible courses of action: 1) Council direct staff to appeal the abandonment unless staff receives the requested information,or 2) Council direct staff to file the appeal and withdraw it at Council's 1/8/2007 meeting if BNSF and WSDOT come up with some participation. City Attorney Larry Warren explained that the rail line in that segment has been closed under the exemption, and the exemption can be challenged at any time. Mr. Warren noted the lack of a set time limit on which the City may attack the exemption;however, he cautioned against delaying too long. Councilman Persson suggested filing the appeal,pointing out that it can be withdrawn. Councilman Clawson expressed the following concerns: Renton's reputation of being uncooperative with other jurisdictions; the grounds for the appeal;the creation of friction with BNSF and other jurisdictions which Renton may pay for in the future; and the lack of information. Mr. Clawson pointed out the need for more information before making a decision to appeal; however,he December 11,2006 Renton City Council Minutes Page 448 expressed support for an appeal if cooperation is not obtained and there are sufficient grounds. Councilman Persson stated the following: the bridges have to be rebuilt over Rainier Ave. S. and Hardie Ave. SW; Boeing has to transport the fuselages to their plant or many jobs will leave Renton; standing up to BNSF and relaying Renton's concerns is important; and the train station needs to be maintained. Council President Corman discussed the planning and financing of the bridge improvements. He said if the City were to appeal, the appeal should be tied to the significant costs of rebuilding the bridges while shipments are being made across those very bridges. He suggested that an appeal be filed if the information is not obtained by a particular date. Planning/Building/Public Works Administrator Gregg Zimmerman indicated that staff hoped to have some information by December 15. He commented on some of the WSDOT funding challenges, and assured that both jurisdictions are in negotiations with the City. Mayor Keolker suggested that the Administration continue to work with the jurisdictions. Assuring that Council will be kept apprised of the status of the negotiations, she stated that if a solution is not attained, an appeal can then be filed. Mayor Keolker acknowledged the consensus of the Council. Finance Committee Finance Committee Chair Persson presented a report recommending approval of Finance: Vouchers Claim Vouchers 254893 -255233 and three wire transfers totaling $3,631,742.44; and approval of Payroll Vouchers 66749 - 66894,one wire transfer,and 633 direct deposits totaling$1,998,225.22. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. CAG: 06-165, Tiffany Park Finance Committee Chair Persson presented a report recommending Activity Building, Danneko concurrence in the staff recommendation to award the Tiffany Park Recreation Construction Building project to the lowest bidder, Danneko Construction, in the amount of $448,147.20. The difference between the contract amount and the project budget of$355,000 is available from project savings in the Capital Improvement Fund and Fund 306. The Committee further recommended that the Mayor and City Clerk be authorized to sign the contract. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation(Aviation) Committee Chair Palmer presented a report regarding Committee Supplemental Agreement#6 to CAG-03-131, the Berger/Abam Engineers, Inc. Transportation: Duvall Ave design agreement for the Duvall Ave. NE Widening Project. The Committee NE Improvements, recommended concurrence in the staff recommendation to transfer$388,800 Berger/Abam Engineers from the construction phase to the preliminary engineering(design)phase of this project, and to authorize the Mayor and City Clerk to execute the supplemental agreement in the amount of$482,000. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning&Development Planning and Development Committee Chair Briere presented a report Committee regarding the appeal of the Defoor Short Plat(SHP-05-089). The Committee Appeal: Defoor Short Plat, reported withdrawal of the Defoor Short Plat appeal,which was referred on Terry Defoor, SHP-05-089 7/17/2006. The Committee, therefore,recommended the referral be closed. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. December 11,2006 Renton City Council Minutes Page 449 Development Services: Planning and Development Committee Chair Briere presented a report Removal of Restrictive concurring with the staff recommendation to remove restrictive covenants Covenants on Dalpay placed on the Dalpay properties (tax nos. 30423059273, 0423059273,and Properties, Union Ave NE 142305235) in 1984,and recorded by King County as no. 8404300578. The properties are located at the northwest quadrant of the intersection of NE 12th St. and Union Ave.NE. The property owner James Dalpay requested consideration of this action. Staff concurred due to conflicts between the recorded restrictions and current Comprehensive Plan policy. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chair Clawson presented a report recommending Utility: Oversizing concurrence in the staff recommendation to approve the request for Reimbursement for Water reimbursement in the total amount of$53,750 from JDA Group LLC, for costs Main, Sixth Street Short Plat, related to the installation of a new eight-inch water line in NW 6th St. as JDA Group requested by the City's Utility Division. City Code allows developers to request the City to participate in the cost of the utility improvement when the City requires a route for the utility that is more expensive than other potential routes for the best interest of the City and the general locality. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution#3847 A resolution was read approving the Cottages at Honey Creek Final Plat; Plat: Cottages at Honey Creek, approximately 4.1 acres located at 4821 NE Sunset Blvd. MOVED BY NE Sunset Blvd, FP-06-041 BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3848 A resolution was read approving the Savannah at the Park Final Plat; Plat: Savannah at the Park, approximately 1.73 acres located in the vicinity of the 900 block of Union Ave. Union Ave NE, FP-06-127 NE. MOVED BY BRIERE, SECONDED BY CLAWSON,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and advanced for second and final reading: Development Services: Boeing An ordinance was read designating a Planned Action for Sub-District 1-B of the Subdistrict 1B Planned Action Boeing Renton Plant property, an approximately 51-acre parcel bounded by Logan Ave. N.,Garden Ave. N.,N. 8th St.,and N. 6th St. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5242 Following second and final reading of the above-referenced ordinance,it was Development Services: Boeing MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ADOPT THE Subdistrict 1B Planned Action ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Annexation: Maplewood An ordinance was read annexing approximately 60.5 acres of property located Addition, Maple Valley Hwy primarily along the south side of SE Renton-Maple Valley Hwy. east of Maplewood Gardens and west of the Cedar River where it crosses under the SE Renton-Maple Valley Hwy. (Maplewood Addition). MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. I December 11,2006 Renton City Council Minutes Page 450 Ordinance#5243 Following second and final reading of the afore-referenced ordinance, it was Annexation: Maplewood MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT Addition, Maple Valley Hwy THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Annexation: Maplewood An ordinance was read establishing the zoning classification for approximately Addition, R-4 Zoning 56.1 acres, located primarily along the south side of SE Renton- Maple Valley Hwy. east of Maplewood Gardens and west of the Cedar River where it crosses under the SE Renton - Maple Valley Hwy., annexed within the City of Renton from R-4 (Urban Residential - four dwelling units per acre,King County zoning)to R-4(Residential - four dwelling units per net acre, Renton zoning); Maplewood Addition. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5244 Following second and final reading of the above-referenced ordinance, it was Annexation: Maplewood MOVED BY BRIERE, SECONDED BY CLAWSON,COUNCIL ADOPT Addition,R-4 Zoning THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Budget: 2007 Annual City of An ordinance was read adopting the annual City of Renton 2007 Budget in the Renton amount of$212,639,671 and establishing the municipal court judge's pay in accordance with Senate Bill 5454. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5245 Following second and final reading of the above-referenced ordinance, it was Budget: 2007 Annual City of MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL ADOPT Renton THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Budget: 2007 Property Tax An ordinance was read establishing the property tax levy for the year 2007 for Levy both general purposes and for voter approved bond issues. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5246 Following second and final reading of the above-referenced ordinance, it was Budget: 2007 Property Tax MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL ADOPT THE Levy ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Budget: Facility and An ordinance was read establishing the Community Services Department's 2007 Recreation Fees&Rates rates and fees. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5247 Following second and final reading of the above-referenced ordinance, it was Budget: Facility and MOVED BY BRIERE, SECONDED BY LAW, COUNCIL ADOPT THE Recreation Fees &Rates ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Budget: Golf Course Fees An ordinance was read amending Section 5-1-5 of Chapter 1, Fee Schedule, of Title V(Finance and Business Regulations)of City Code by increasing certain golf course fees. MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Ordinance#5248 Following second and final reading of the above-referenced ordinance, it was Budget: Golf Course Fees MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. The following ordinances were presented for second and final reading and adoption: s. December 11,2006 Renton City Council Minutes Page 451 Ordinance#5249 An ordinance was read amending Section 4-1-220, Property Tax Exemption for Planning: Multi-Family Multi-Family Housing in Residential Targeted Areas, of Chapter 1, Housing Property Tax Administration and Enforcement, of Title IV(Development Regulations) of Exemption, Sunset Clause City Code by extending the sunset to 12/31/2009 for applications for the Extension property tax exemption for multi-family housing in residential targeted areas. MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5250 An ordinance was read amending the 2006 Budget by using$12,500 from the Fire: Renton Heart Month Fund 010 fund balance for the purpose of purchasing equipment for 2007 Activities, Budget Amend Renton Heart Month activities. MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance#5251 An ordinance was read providing for the 2006 year-end budget amendments in Budget: 2006 Year-End the total amount of$1,031,418. MOVED BY LAW, SECONDED BY Amendments CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Noting the recent snowstorm, Councilman Persson complimented the City street Public Works: Street Crews, crews for their efforts in clearing the snow. Mayor Keolker noted that crews Snowstorm Response worked around the clock to clear the streets. Airport: Layout Plan Update Councilwoman Palmer acknowledged the concerns of citizens regarding the new jet center at the Renton Municipal Airport. She assured that comments are listened to, and indicated that an open house regarding the matter is scheduled for January 16. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL REFER THE PREFERRED AIRPORT LAYOUT PLAN TO THE AIRPORT ADVISORY COMMITTEE. CARRIED. Development Services: Boeing MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL REMOVE Subdistrict 1B Planned Action THE BOEING SUB-DISTRICT 1-B PLANNED ACTION ITEM FROM COMMITTEE OF THE WHOLE. CARRIED. ADJOURNMENT MOVED BY NELSON, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 9:40 p.m. 6014,H4_1: 4. LUQJ?7 Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann December 11, 2006 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING December 11, 2006 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 12/18 CANCELLED (Corman) MON., 12/25 No Meeting (Holiday) MON., 1/01 No Meeting (Holiday) MON., 1/08 Henry Moses Aquatic Center Fees; 5 p.m. East Renton Annexation Interlocal Agreement with King County *Council Chambers* Approximately Council Policies 6:15 p.m. *Council Conference Room* COMMUNITY SERVICES (Nelson) FINANCE MON., 1/08 Vouchers; (Persson) 4 p.m. 2007 Lodging Tax Funding Allocation PLANNING& DEVELOPMENT THURS., 12/21 CANCELLED (Briere) THURS., 1/04 East Renton Plateau Potential Annexation 11:30 a.m. Area Prezoning PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) THURS., 12/21 CANCELLED (Palmer) THURS., 1/04 Regional Transportation Issues Update 4 p.m. (briefing only); Required Navigation Performance Instrument Approach Overview; Update on Local Transportation Projects (briefing only) UTILITIES THURS., 12/21 CANCELLED (Clawson) THURS., 1/04 CANCELLED 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. Now 'eP 'NT�� City of Renton PUBLIC INFORMATION HANDOUT December 11, 2006 Sub-District 1-B Planned Action For additional information, please contact: Jill Ding, Project Manager; City of Renton Development Services Division; (425) 430-7219 ISSUE: The Boeing, Co. is requesting approval of planned action legislation, which would be combined with the Boeing Renton Comprehensive Plan Amendment Environmental Impact Statement (EIS) completed in October 2003. The approval of planned action legislation would streamline the permitting process by utilizing existing environmental documentation, as allowed by RCW 43.21 C.031 and WAC 197-11-164, 168 and 315. As a result of approving planned action legislation, the applicant would be required to submit an environmental consistency analysis with each phase of the project and receive low subsequent approvals from the City's Environmental Review Committee (ERC). The consistency analysis would be required as individual master plans and/or site plans are proposed. In addition, the adoption of planned action legislation provides added entitlement and scheduling predictability as the developer begins to prepare for the redevelopment of the 51 acre Sub-District 1-B site. Boeing submitted a conceptual plan prepared by Seneca Real Estate Group Inc., which indicates that the northern 31.2 acres of the property is expected to become surplus and brought forward for redevelopment in the immediate future. This property is under a "right of first refusal" agreement with Harvest Partners, the owner and developer of the 46 acres of property formerly owned by Boeing immediately adjacent to this property to the north. Boeing proposes that this initial parcel be developed with as much as 270,000 square feet of retail. The remaining property is expected to be retained by Boeing for 5 to 10 years. However, upon redevelopment, as much as 900,000 square feet of lab and/or office, as well as some additional retail and multi-family housing, could be developed in and around the 660,000 square feet of existing office buildings, which are anticipated to be sold and re-occupied by other companies. RECOMMENDATION: The Development Services Division is recommending that the City Council adopt Planned action legislation in order to use the existing Boeing Renton Comprehensive Plan NowAmendment EIS as the SEPA environmental document for the redevelopment of the Sub- District 1-B site. �� ��/ . ' - _ _ _ _ _ _ _ - - - _ _ /' _ �� � . _ _ _ _ _ _ ' _ � - �' _ / _ __ _ - � _ _ - - ' ``_ _ _ - ' _ `� - _- _ _ - • - ' - - _ - - - _ - - ei I II lip _ �� - - _ �- ' ' .... - -- - _ ' - - .. �� � � � � � � . - - - � _ � ! ' - ...... - - - - I 11 - le �� \ . kik � r,T µ�� ..„... ...,,,,,,-.,,,,,,t, .,,, ...„.., 2.., .11,‘---, . .... __,.. .r,. .,,,,,,, ...,_.,„=,...,.'-i4.;-, ., tr- :. --- it •# S sw. r, ??.-..p., j ash :; �: : , - ..w ' r r r , :.:, teritt a.. iR k # a - '"x' ; § +�' ,'a ti. 4...„--,...'t,'',.'....- .. .. g... ,,,k p' 1 5 •1 .. #�C 1 b me *� sires .' _.,.:-.4-.- .. .�.. "s .s _ .3,. 3 V ,i..., �. . wiStnset (0 0 ,_\r-- '' '' + ,� /� ' Planned Action For ��� /��' The Boeing Company '10-. ;t;t7;.'s,11.-747.;- , '--;- - I`,.:v� ; c�k .,,. 4 _ "3iii"y .,. ..:s s `",.*...:�� ,i.. V_ti.'�r �. "•.W.._ 2 Project History Environmental Impact Statement (EIS) was completed in October 2003. Comprehensive Plan Amendment was completed in December 2003. Sub-District The City and Boeing established a Development Agreement in December V 0\ 2003. Sub-Distract r 0 B k A Conceptual Plan for redevelopment was approved November 14, 2005. The approved Conceptual Plan includes approximately 50.7 acres. 3 p . _ ., cit--'-- Project \\ The 50.7 acre project site can be 7 ( R \ R \, divided into 2 major components: I\ R ; \I i 1 1 ' Harvest Partner's has a Right ) 1 1 ) 1 (::i I of First Offer to purchase the enorthern 21.2 acres, which is ll E S ING 11110,1 : [,,„0....,.x„ I GARAGE DP-2 i lir ;- referred to as the ROFO area; titrmi-.- E i , P , op.: 0.-. ini and 0,4 w 1 ' '2°- ti 414.11 I fins . s...,;.:.... :,........„E 46,.....e.....F - The remaining 29.5 acres is r j 1 1 1 i 10-16 II referred to as the Boeing Remainder. - FXISTING • GARAGE DP 4 4 .. _. .. 1 - r e it .. ,._,. Development would likely include: j r .1 -- Large format "destination" MA,:Q'.LOT COVERAGE R " retailer on the northwest portion -- -----IL f-STORY RETAIL R 220 OW Sr) of the site at the intersection of Logan Ave N and N 8`" Street EX,57 DATA II 0 R HIIB El 1 Harvest Partners has indicated MF , iirx I 1 EXE'>T,r,l3 the large format retailer would GARAGE oP z ; A Al` be 135,000 — 140,000 square feet DP-1 I , p I QP-3 __ _�jp ;. in area and approximately 45 " MF)1 iii---.11 ----,\I=r' DP-4 feet in height., , = ` _ - Small and Medium format ' i � 1 1 1r�-lf ii supporting retail shops are DP-,f DP.2 bP13 i ' envisioned along both sides of GARAGE , Park Avenue., DP - The small and medium format retail shops would total 85,000 — 90,000 square feet. 5 . „ .. .. „,..„...... The Boeing Remander . . .„ . . , .,.,.. .. . .. .a. . .: I I , Boeing would continue to utilize ---- 4 existing office buildings and 3 \ j (R--N T parking garages and no near term 4 �`_! changes are proposed to these ,1 R J ; buildings. i \' � a - ' (-- R %I Approximately 12.85 acres interspersed between the office I �X�s � ,.' '! buildings have been identified for I GARAGE. 0P4 �._ •. is It it . potential redevelopment and DP-1 1 _r� + would be subdivided into four a:___ 0 4 pal — -i i I r } I iT �I - Potential redevelopment would i I ( 1 _J ! may include: DP t DP-2 DP-3 - EXISTING V Multi-family residential GARAGE i, development; DP; e- 1,7 Medium and small format '= — i retail specialty shops; and ✓ Office or lab buildings. 6 F f x Potentia n .40 ,,M.•'.--,14,..,M....- ....., H .-, ,r ,.T,t:-• 1..s.. re 4' s. -R Large format retailer; ° -K Mix of high quality a national, regional and ' , !-' ` local specialty tenants ` a$ • 4 b and restaurants. , . .� � ar ?.}i• -t., i h . i. k' - ::1-2:::::::r -"k i s y , ji kit 4. q,T tit ' c e"' At.5 `,'a•,,;: x. saw.... * r s 7 ff The Planned Actkm Leg sak f; Combined with the approved 2003 EIS and Development Agreement. Streamlines the permitting process by utilizing existing environmental documentation: VProvides added entitlement and scheduling predictability. -R Allowed under RCW 43.21C.031 and WAC 297- 11 - 164, 168 and 315. 8 Staff Reconit �� The City Council Cancel the Referral to Committee of the Whole on this Issue; Approve the Use of the Existing Environmental Documentation Contained within the Boeing EIS for future redevelopment of the site. Development to occur consistent with the Approved Conceptual Plan for Sub- District 1-B; Present the Planned Action Ordinance regarding this matter for First and Second Reading tonight. 9 Y U a, O•o& Arnie Y.P • N MAPLEWOOD ADDITION ANNEXATION PUBLIC HEARING ANNEXATION EFFECTUATION INCLUDING PROPOSED ZONING December 11, 2006 The City is in receipt of the closing letter of the Boundary Review Board (BRB) approving the original 60.5-acre Maplewood Addition Annexation area as part of an expanded annexation of 346-acres. The Washington State Supreme Court's recent ruling, Interlake Sporting Association vs. Boundary Review Board, invalidates this BRB decision for the expanded Maplewood Addition Annexation. The City does however have a valid petition for the original 60.5-acre annexation which had its 60% Direct Petition certified by King County in March 2005 and was accepted by Council in April 2005. The subject 60.5-acre site is within Renton's Potential Annexation Area and is designated Residential Single Family (RS) on the City's Comprehensive Plan Land Use Map. The subject site is bounded on the north by the Renton—Maple Valley Highway(SR-169), and on the west, south and east by the Cedar River. Renton abuts the annexation site on its north, west and a loopy portion of its southern boundary, and unincorporated King County abuts it on its eastern, and a portion of its southern, boundary(see map on the back of this handout). The subject site currently has King County's R-4 zoning and there are an estimated 161 single- family detached dwellings within it. Proposed zoning, upon annexation, would be Renton's R-4 zone, consistent with the City's current Comprehensive Plan Land Use Map designation shown for the site. This zone, which allows a maximum density of four units per net acre, is consistent with the area's existing density of approximately 3.3 units per net acre. The Renton City Council held the first of two required public hearings on future zoning for this site and the expanded area to the east on August 7, 2006. At that time, Council supported future zoning consistent with the City's Comprehensive Plan. Recommendation: Accept the 60.5-acre Maplewood Addition. 1. Hold the first and second reading of the ordinance annexing the subject 60.5-acre annexation site and 2. Hold the first and second reading of the ordinance rezoning the non-street portions of the annexation site R-4, four units per net acre, consistent with the current Comprehensive Plan Land Use Map land use designation for this area. Council Hearing Handout 12-11-06.doc\ mpraripimpr- iirg 1111111ititts;strgartZW) 11,1111.F"- Illnpfp. 111111110 MN a0* Ott _ ��►IIi�.�L'Uiti1@L'IIII�r1� �P■InI1 ��, P111c• �`.:lingl blq o III `�>' \I,I I�� �� All c 'f ��*11111111111.111111 mg/ ��•. �e °° ,S !!! ' , 9 !E IFN,, �E•ISI •# � � �� i■� �� ►�•y \�II�lip Irly i I■��uiui'I�-� III �© :'' ■■■■C- ♦ • ft.4 1n��7 / Alt,�,,����FL■IL G1Jl�■F',� '��fj Ell ��,,—, +- !li.� ► ...%WI � � Z-• �n r�-r PICO Irim . IA� 4e1/4011P �p pr •m,4.4111.r iat 1111 ' ligili*\'** ''' - :::::;,,,,,,,,,,,,,,E,,,,,4 . -, ,� ,, ,� ,, -nor ;•69411M ..,�__� .� �' ��.� ♦ HiAsDr IF 11-11111 ♦1 ♦♦ ? •i SE v' SE R: ton , , Mo 1��� �A• ♦I Irl"IN 'y"Al �ol/e 1 ♦I►�U��tv1•4rt1�■���►II1I , Alt it ■�• 7 .' '' MIIMOI Y Hw X4.41 '` •�Vii ,NI 14 4411`,:0r 0•4-0.2 L'1. ` ,,\ .424:401,11: vim-- 1.%1 11111011mi.* 01,3 c-4.. 1 Ciannint114 aim It. 414 .6i," . el .��j�• AIiI ���%�� ��• Mr -Ar 001114011 ..��••�♦i►� �t a •.• ro :► • ••-�i Iii otos \. �i : ..• 011116 4►1 �.i!► 1 `• i0 e,:di iii �1/11141***/ ■z 1►�i►� : 4V-%* tialbildieweTkirro— =s� :�i, ••�",�: :: : i �■r%err�rirrrr4� ,eil y� ? •'v�•. get :,� ills, `�I���o■o■�� ■uu■�■saw•�::•11101. ��l1'11���1�11���•I•R3��CC�u hear.►_ /� �`�1 411111fileil •it..4all� /. � :l Proposed Maplewood Addition Annexation 0 1000 2000 Figure 1: Vicinity Map — — Current City Limits ��::::•:.::•;:::•:::•: :::::::;::x>: *)���� ;ie Economic Development,Neighborhoods&Strategic Planning Ems Annexation Area 12000 , Alex Pietsch,Administrator ���� G.Del Rosario 21 lit, 4et 2004 • • ., 9 Maplewood Addition Annexation 2nd Public Hearing on Zoning and Annexation Effectuation December 11, 2006 1 ter.. r�`�a`�'L����s� � ff+k,4.b.:; • • t • .1� ` +u•S� ;fix 2�3� �S *** q� "� • . z,,. E a ru z� a :•,;:•L''`,•!:71,';',,,� �:z � "� a '�e� �gur� `a � ;. � r ''ria axx K ` ,- �,,�' 4"a � `�' z �• � ,� "�Y n ✓++z�anCss�,.ry� 33 # i "8 d � f �.en?,Y, %ts � 1� ���� � 3a�� � ws c a � • .e int r • i )1.i* l)l f"� d �i e� Y� 3d t q 'ueq "F �.,h'6y` i ' s's'i` ' YT '7.�`` k riI � � Maplewood Addition Expansion Areas ;, Isi>i) ;(x)t, Aerial cay Lint& } lAken GPS 41+P,a.,rne+v I i 8(KH1 Background • January 2005 Council held public meeting accepting 10% Petition and authorizing 60% Petition • April 2005 Council accepts 60% Direct Petition authorizes sending Notice of Intent the BRB • May 4, 2006 BRB holds public hearings on original 60.5-acre annexation • June 10, 2006 BRB issues findings and decision expanding boundaries to ± 340 acres • August 7, 2006 first public hearing on zoning for± 340 acres 2 aft.- Expansion - i - as approved by BRB . . , 1,..„ ,,. ''% ' ..,4 •'!.*:40t . :2," ';'::4''1. '''‘-' '.- lictil ' t' . *, N ,' ' ;'•• :ii,,-,k, '''.i • '' '1.1 ',t'l?, --"-- -s. .t'it.,-, a ''' x• OnI.,,,,---',%5‘. ,== i 4/.4...lig., =. . =„... =i... = ,mg ,.,,,- g ed d Backgroun , continued • No vem ber 9, 2006 State e Supreme Court issues es decision (Interlake Sporting Association) invalidating Board's authority to expand an annexation area's original boundaries • Administration assumessimilar pending annexations in Renton fall under this ruling • Adminitration reverts back to original boundaries • December11, 2006 second public hearingon zoning for 60.5 acres of the+ 340 acrearea considered on August 7, 2006 3 Original Proposed 60.5 Acre Maplewood Addition Annexation • 60.5 Acres • v • 161 s.f. dwellings • Abuts Maplewood — Gardens on west a�,,; >�� s` • Bordered on south ^` , >-y • and east by Cedar �' 'j* �'� 4,4.4 Fel k -.74- • River47: sot a� i7 yAo"1.$414.•;-; +itfrtl'1 i�jsJ ���ia _ • Bordered on north $t,t.+iL�, by SR 169 rv w .;-;' x �' qe, 14 -*.., ygFaltt':4111' / Figure 2-Examples of housing in Maplewood Addition Annexation Area Sole Source Aquifer ., Both Renton and Maplewood ;'- M 5 Water cooperative derive their potable water from sole source � 7/% aquifers beneath the Cedar River �" Aquifer Protection Area 1 -Expanded .01, 4 Existing Conditions - Public Services • Utilities11 — Water 1111 ...,a. • Maplewood Add.Water Coop , Sewer • Renton Sewer Utility • Cedar River W&S District • Fire _ , — Within District 257-1 *.. , ",_ ,.. • Schools ha 41;41 — Renton School District Lr' Existing Conditions - Public Services Water Utility Districts : :DISTRICT 90,, s I Sq ry Nom. d sJ' r r 1 �. lauded —_ ' -= Tx Avet f -.x.� S', .� �` Ex . a f Water Districts Map 5 Fiscal Impact Analysis • General Fund cost and revenue implications — Assumes average assessed value of$279,000 — Assumes area is built out but will see some rebuilds and upgrades — Assumes Renton's current Level of Service* — Assumes City responsibility for streets and state highway per RCW 47.24.020 *Renton spends an estimated$3,036 per capita for municipal services versus County's$512 per capita in unincorporated portions of UGA Estimated Fiscal Impact $164,863 $204,119 ($39,256) 6 Existing County Land Use Designation and Current Zoning K.C. Land Use Map - Urban Residential —4-12 dufac and Neighborhood Business K.C. Zoning - R-6 p ' `. '-fir R-6 1 :< - f� : . k, alt '.1.'4.kv O4fittiffti.)'r ° l. 'pL��. 1, ": 1 County Zoning Map Existing Renton Land Use Designation Renton Comp Plan Land Use Map - Residential Low Density (RLD)* *as of Nov.'05 v � Figure 17 -Renton Land Use Map 7 Proposed Concurrent City Zoning R-4 zoning consistent with Comp Plan RLD land use designation •k T;? dila yk k L�a Ps C% a r Recommendation The Administration recommends that Council: 1. Hold first and second reading of the ordinance annexing the 60.5-acre Maplewood Addition annexation site this evening 2. Hold first and second reading of the ordinance concurrently rezoning the non-street portions of the 60.5-acre Maplewood Addition annexation site R-4 consistent with the City's Comprehensive Plan RLD land use designation for this area 8 t _ EAST RENTON PLATEAU PREZONING PUBLIC HEARING COUNCIL CONSIDERATION OF THE EAST RENTON PLATEAU CITIZEN'S TASK FORCE RECOMMENDATIONS December 11,2006 On November 6, 2006, the Council held the first public hearing on the prezoning for the approximately 2,126 acres of the East Renton Plateau Potential Annexation Area(PAA). Council will consider the revised recommendations of the East Renton Plateau Citizen Task Force on the prezoning of the unincorporated portions of the East Renton Plateau at this second public hearing tonight. The Task Force has revised its preliminary recommendations based on public input. The Task Force has concensus on the following issues: • Design Guidelines should be required for all areas. • A bonus overlay district should be enacted to allow properties without pervasive environmental constraints to be developed at the maximum Residential Low Density Comprehensive Plan designation densities. • Resource Conservation—should be mapped for the southwest and westernmost portions of the mapped area where there are designated steep slopes. • R-8—should be mapped for a small area(6.5 acres)on a western tip of the mapped area. • R-1,with a bonus up to two dwelling units per acre—should be mapped for the eastern and southeast portion of the area. The Task Force has prepared a majority and minority report on the R-4 portion of the recommendation. Majority Recommendation: The Task Force recognizes that while the area that is designated R-1 has environmental constraints and lacks sewer service, it is likely that there are some parcels that are not heavily constrained with environmental limitations. The Task Force majority recommends a two tier bonus system where: • the area to the east of 175th Ave SE would be R-1 with a bonus up to a maximum density of two dwelling units per acre. The area east of 175th Ave SE is designated with a lower density bonus due to the pattern of development in the area,the lack of sewer service in the area, and the pervasive creek and steep slopes that characterize this area. • the area to the west of 175th Ave SE would be R-1 with a bonus up to four dwelling units per acre. Minority Recommendation: The Task Force minority recommends that the boundary line for the R-1 designation be drawn at 175th Ave SE. The area west of 175th Ave SE is proposed as R-4 with a base density of two dwelling units per acre and a bonus up to four dwelling units per acre with the bonus criteria. The R-4 overlay with bonus criteria is considered to be the best option for the entire R-4 area by the minority group. Higher quality development than that along NE 4th is a priority. Council Hearing Handout 12-11-06.doc\ � yb.. �I -_ �7 ��..u� Its wnl...!v11- ' �to,1 !Y i II 5 N x 1• 7 �� VIII■�i mi. - inli ' it 1 �� {lilllll s w 1 r rill_ -1J11� Fig E �� 1�•yi 11 •IIID IIx.1� ;Will —� 11 9• Y N I•Ir 1n11t . �_.i. r1 C,fllL'� 1 1 LnlN. HH �� 1- Icax m1 B e h 1 M�NI....xxxlxxl Nan MEI 11111%21:41 ivegiii..„ -moiI.`Mi r n 41 r I,11i_�,s• ��le�-I ILS IPS'� a�IL 3...."2:7,.. 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CE'Z,': Aim tram Urban Growth Boundry I I R-1 I I R 8 1 : 24000 NW December_006 lerat ,(V1 O ECONOMIC DEVELOPMENT, U „ NEIGHBORHOODS, AND STRATEGIC • c, PLANNING DEPARTMENT MEMORANDUM DATE: December 7, 2006 TO: Randy Corman, Council President Members of the Renton City Council FROM: Alex Pietsch, Administrator tila STAFF CONTACT: Rebecca Lind, Long Range Planning Manager(x6588) SUBJECT: East Renton Plateau Prezoning We are forwarding a draft updated East Renton Plateau Task Force report and recommendation to you for discussion at the public hearing Monday evening. This report in still in"draft" form and has not received final Task Force action. The draft Task Force report includes both Majority and Minority Recommendations. In Now addition, the staff developed an alternative compromise recommendation for discussion by the Task Force and Planning Commission. This third option is included in your packet as a map entitled "Staff Recommendation." The Task Force has consensus on the following issues: • Design Guidelines should be required for all areas. • A bonus overlay district should be enacted to allow properties without pervasive environmental constraints to be developed at the maximum Residential Low Density Comprehensive Plan designation densities. • Resource Conservation—should be mapped for the southwest and westernmost portions of the mapped area where there are designated steep slopes. • R-8 —should be mapped for a small area(6.5 acres) on a western tip of the mapped area. • R-1,with a bonus up to two dwelling units per acre—should be mapped for the eastern and southeast portion of the area. The Task Force has prepared Majority and Minority Reports on the R-4 portion of the recommendation. Majority Recommendation: The Task Force recognizes that while the area that is designated R-1 has environmental constraints and lacks sewer service, it is likely that there are some parcels that are not heavily constrained with environmental limitations. 'Now The Task Force majority recommends a two-tier bonus system where: h:\ednsp\paa\annexations\east renton plateau paa\east renton plateau task force\staff recommendation on task force report.doc 410 Randy Corman,Council President Page 2 of 3 - . December 7,2006 • the area to the east of 175th Ave SE would be R-1 with a bonus up to a maximum *100 density of two dwelling units per acre. The area east of 175th Ave SE is designated with a lower density bonus due to the pattern of development in the area, the lack of sewer service in the area, and the pervasive creek and steep slopes that characterize this area. • the area to the west of 175th Ave SE would be R-1 with a bonus up to four dwelling units per acre. Minority Recommendation: A Task Force minority of three members recommends that the boundary line for the R-1 designation be drawn at 175th Ave SE. The area west of 175th Ave SE is proposed as R-4 with a base density of two dwelling units per acre and a bonus up to four dwelling units per acre with the bonus criteria. The R-4 overlay with bonus criteria is considered to be the best option for the entire R-4 area by the minority group. Higher quality development than that along NE 4th is a priority. Staff Alternative Concept: Staff concurs with the R-1 recommendation for the area east of 175th Ave SE and all of the other mapping recommendations for R-8, and Resource Conservation. Staff also concurs with the recommendation to establish design guidelines for this area. The staff concern relative to the Majority Recommendation is that a two- tier bonus system within the R-1 zoning would be complicated and difficult to administer. The staff has concern with the Minority Recommendation to downzone within the entire R-4 area to a base density of two dwelling units per acre, with use of a bonus criteria up to four dwelling units per acre. However, staff does concur with the Task Force that or additional design and development regulations are needed to ensure that quality housing `" and site planning occurs in the area. Staff favors stronger mandatory requirements in the R-4 zone and supports the use of a bonus in the R-1 zone to two dwelling units per acre. Staff recommends as follows: • Concur with the Majority Recommendation for the mapping of the Gun Club and Sky Fire subdivision along the ridgeline as R-1 with a bonus to two dwelling units per acre. • Concur with the Minority Recommendation that the area west of 175th Ave SE would have R-4 zoning. • Disagree with the Minority Recommendation about creating a base density of two and using a bonus criteria to achieve quality development in the R-4 zone. Alternatively,: o upgrade the mandatory development standards within the R-4 zone to achieve a different character site planning, vegetation preservation, and community character than is currently being built within this area; and o include criteria now drafted as "bonus criteria"in the R-4 development standards as mandatory requirements—eg. design guidelines and low- impact development standards for drainage and grading. These ideas will require further research and review in the form of zoning text amendments to the R-4 and R-1 zoning designations. Staff will continue to work with the Nolif h:\ednsp\paa\annexations\east renton plateau paa\east renton plateau task force\staff recommendation on task force report.doc • Randy Corman,Council President Page 3 of 3 December 7,2006 Task Force on the zoning text amendments and forward these recommendations to the Planning Commission. Next Steps: Staff is continuing to work with the Task Force to achieve a consensus recommendation of mapping prior to the February annexation election. The Task Force will meet prior to the Council public hearing Monday evening to consider these Minority and Staff Recommendations. The Planning Commission is holding a special meeting on December 13, 2006, to continue its review of these issues after the public hearing. The Commission will make its final recommendation January 3, 2007. At the conclusion of the public hearing, staff recommends that the issue of prezoning the East Renton Plateau be referred to the Planning and Development Committee and that a Planning and Development Committee meeting be announced for January 4, 2007, to receive the final Task Force and Planning Commission recommendations on this issue. Assuming resolution of these issues in this timeframe, ordinances would be presented to the Council for first and second reading January 8, 2007. cc: Mayor Keolker Jay Covington wi.r err h:\ednsp\paa\annexations\east renton plateau paa\east renton plateau task force\staff recommendation on task force report.doc rwrr DRAFT Final Recommendation of the East Renton Plateau Citizens Task Force DRAFT V%P.IP* December 6, 2006 City of Renton Department of: i% Economic Development, Neighborhoods, Strategic Planning Nome Alex Pietsch, Administrator www.rentonwa.gov/business/default.aspx?id=2778 N� IMO The East Renton Plateau Citizen Task Force was appointed by Mayor Kathy Keolker on September 25, 2006 Task Force Members: Kerry Abercrombie Rhonda Bryant Tom Carpenter Bob Chamberlain Sheila Hurst Stephanie Lorenz Brian Thomas Michael Turner Kevin Wyman Draft Only Date Modified: December 6,2006 The East Renton Plateau Citizen Task Force is composed of a group of citizen volunteers, iiie appointed by the Mayor, approved by the City Council, and established to review community-planning issues. The task force members were recruited through the Four Creeks Unincorporated Area Council, the Citizens Alliance for a Responsible Evendell, the Five Star Athletic Club, and through advertisement in the Renton Reporter. Individuals on the task force represent themselves rather than any organizations. Purpose: The purpose of the Task Force is to make recommendations on area pre- zoning for the portion of the East Renton Plateau that is within the Urban Growth Boundary (UGB). Another purpose of the Task Force is to make recommendations regarding community-planning issues relevant to the East Renton Plateau, such as transportation, parks, community character, and the transition from urban to rural areas. Finally, the Task Force will also review the adopted City of Renton Comprehensive Plan vision for the East Renton Plateau. This report is the final report identifying the proposed pre-zoning recommendations of the Task Force for the Plateau and the associated policy changes pursuant to the zoning recommendation. Additionally, the Task Force has made a recommendation regarding changes to the City of Renton animal regulations in response to significant concern from residents of the East Renton Plateau. The Task Force: The Task Force membership is comprised of nine volunteer members of the East Renton Plateau community who are business owners, employees, property `ow owners, and/or residents who represent locations throughout the Potential Annexation Area (PAA). Task Force members were appointed by the Mayor and ratified by City Council. Mission/Goals: The primary goal for the Task Force was to develop a Proposed Pre- Zoning Map for the East Renton Plateau within the UGB. There has been a significant amount of public input through public meetings, emails, letters, phone messages, and in person at Task Force meetings. The Task Force considered all comments and many of those comments are reflected in this final recommendation. Next, members will begin working on the goal of making further recommendations regarding other issues they have identified as significant to the East Renton Plateau, such as transportation, parks, community character, and a possible new zoning designation. In order to formulate this pre-zoning recommendation there was a significant amount of information and City of Renton policies that members were required to develop a familiarity with. Some of that information included: • Pre-zoning proposals and processes • Planning, Growth Management, and Zoning • Existing City policies for the area and City responsibilities under Growth Management OW Page 1 of 5 Draft Only Date Modified: December 6,2006 • Process: The Task Force has met weekly with City staff. After initial briefing sessions, each member developed his or her own recommendations for the pre-zoning map. These individual maps were then grouped into three general overarching concepts: a significant amount of R-1 low density residential, a blend of R-1 with R-4, and somewhat more R-4 residential. Members achieved consensus on the identification of critical areas, and on most of the areas to be identified as R-4 and R-1. City staff then examined the three concept maps for consistency with City of Renton zoning code and mapping criteria. The Task Force consolidated the three maps with City code to establish a proposed map that meets Renton Zoning Code and mapping criteria. The Task Force has received input from fellow Plateau community members and property owners at the public meetings that has helped provide insight and is reflected in the final recommendation for the proposed pre-zoning map. Constraints: The East Renton Plateau is an area with some significant environmental constraints. As a plateau it has areas with steep slopes of greater than 40 percent grade, streams that flow off the Plateau into the Cedar River and May Creek, and wetlands. As shown on Table-1 these environmental constraints dictate a zoning designation of either Resource Conservation or R-1 in the related areas. The area is designated for additional growth under the King County and Renton Comprehensive Plans. Because there is vacant land the area has capacity for future growth. While there is pressure for development at the present time, the lack of sewer is a constraint on development. Steep slopes, streams, and wetlands make sewer extension costly and unlikely until growth pressure elevates the value of those areas. Due to these r41r0 significant environmental constraints, the area is likely to remain on septic systems for the foreseeable future. The City of Renton's Comprehensive Plan: All zoning is required by law to be consistent with the City of Renton's existing Comprehensive Plan and zoning policies. The current designation under the Comprehensive Plan is Residential Low Density (RLD), with a very small area designated Residential Single Family (RSF). The City's RLD Land Use designation allows for three possible classifications: 1 dwelling unit/10 acres (RC), 1 dwelling unit/acre (R-1), and a maximum of 4 dwelling units/acre (R-4). The RSF Land Use designation allows for densities from 4 dwelling units/acre to 8 dwelling units/acre. The Proposed Pre-Zoning Map of the area meets all requirements of consistency with the Renton Comprehensive Plan. The Map almost exclusively RLD Land Use with a 6.15 acre area designated RSF. The Comprehensive Plan outlines the mapping criteria for each zoning designation and has been applied to this map. Table 1 outlines the details of the mapping criteria for each designation. The Final Pre-Zoning Map: The attached map is the Final Pre-Zoning Map for the East Renton Plateau. It reflects the areas of consensus identified by the Task Force. Members have proposed a map that is the best application of Renton's adopted residential low- density policies from the Land Use Element of the Comprehensive Plan. Properties have Page 2 of 5 03° • Draft Only Date Modified: December 6,2006 been designated with R-1 zoning where the Task Force documented pervasive critical `— areas within a large area based on environmental constraints included in the City's GIS inventory, information submitted by the public and information from the United States Geological Survey. The Final Recommended Pre-Zoning Map has been submitted to the Planning Commission. The Final Map is intended to balance the pressure of development inside the UGA while addressing environmental constraints and maintaining environmental quality. In general terms, the following pre-zoning designations have been applied to the following areas: • Resource Conservation – proposed for the southwest and westernmost portion of the mapped area. • R-1 –proposed for the eastern and southeast portion of the mapped area. Also, for a portion of the northeastern area. • R-4–proposed for essentially the remainder of the mapped area. • R-8 –proposed for a small area (6.5 acres) on a western tip of the mapped area. Bonus Overlay: The Task Force recognizes that while the area that is designated R-1 has environmental constraints and lacks sewer service; it is likely that there are some parcels that are not heavily constrained with environmental limitations. The Task Force recommends implementation of a bonus overlay district intended to allow for properties without environmental constraints, to be developed at the maximum Residential Low Density Comprehensive Plan designation densities. Therefore, it is recommended that: In order for any property to be eligible for a density bonus it would be necessary to demonstrate that any development of the property could be achieved without any alteration of critical areas and/or variances on grading, filing and alteration of wetlands, or dewatering of the site. If a property could be developed according to the aforementioned standards, then upon achievement of additional bonus criteria a property could achieve bonus density. The bonus criteria will include provisions that help retain the environmental integrity of the R-1 designated area. The Task Force recommends a two tier system where: • the area to the east of 175th Avenue Southeast can bonus up to a maximum density of two dwelling units per acre • the area to the west of 175th Avenue Southeast can bonus up to four dwelling units per acre. The area east of 175th Avenue Southeast is designated with a lower density bonus due to the pattern of development in the area, the lack of sewer service in the area, and the pervasive creek and steep slopes that characterize this area. An outline of recommended bonus criteria is attached. Now 99*1 .4*.IC Page 3 of 5 Draft Only Date Modified:December 6,2006 ' • Draft Minority Report: Abercrombie, Lorenz, and Wyman Prezoning Map: The minority group is in consensus with the Task Force on the zoning designations for the Resource Conservation area, the R-4 area, and R-8. The area that the minority group proposes alternate mapping is for the R-1 designation, specifically parcels A and C. The minority recommendation is to: • delineate the boundary line for the R-1 designation at 175th Avenue Southeast. The area west of 175th Avenue Southeast zoned as R-4 designation with a base density of two dwelling units per acre and a bonus up to four dwelling units per acre with bonus criteria. **Please note the R-4 overlay with bonus criteria is considered to be the best option (by far) for the entire R-4 area by the minority group. Higher quality development than that along NE 4th is a priority. • The area to the east of this boundary should remain R-1, with a bonus up to two dwelling units per acre. Rationale: The area west of this suggested boundary is not as severely limited by pervasive environmental constraints, especially topographical, as the area to the east. The area to the east of 175th Avenue Southeast has significant topographical constraints that make the extension of sewer to this area challenging and cost prohibitive. The City of Renton's Critical Areas Ordinance is expected to sufficiently mitigate impacts of development on environmentally constrained property, such as may be present in some cases west of 175th Avenue Southeast. NIS Additional Minority Recommendations: Strongly encourage further refinement of the Bonus Overlay density option. 09‘1)4 Page 4 of 5 Draft Only Date Modified:December 6,2006 Application of these zoning designations is consistent with the Renton Zoning Code yew purpose statements. These Zoning Code statements are available in Table 1. Additional Recommendations: The Task Force recommends that the City of Renton: • change the appropriate policies to eliminate the restriction on cluster development that requires cluster development to be located within 600 feet of the R-8 designation. Cluster development should be allowed anywhere in the R-4 zone. • change animal regulations to allow two large animals per acre. o Also, the clause in City code that does not allow for animal replacement when use in non-conforming should be eliminated. o The Task Force recommends the right of grandfathered non-conforming animals remain with the property if the property is sold, rather than the right to non-conforming animal use being discontinued upon the sale of the property. o Finally, it is recommended that applications for greater number of animals than allowable be changed from a Hearing Examiner conditional use to an Administrative Conditional Use. • require adherence to design guidelines for the R-4 area, as well as, in order to achieve a bonus in the R-1 area. Possible bonus criteria are attached. Next Steps: The East Renton Plateau Task Force has identified many topics that they New look forward to working on in the future. Some of those issues are: traffic, parks, community character, function as a transition area, community vision, design guidelines, and a possible new zoning designation. After the Task Force has completed their work on these issues, they will have completed the scope of their work. The Task Force will not act in an advisory capacity on any actual development activity in the area. 1°4 Page 5 of 5 Attachment 1 Recommended Design Standards Required for All Development in R-4 and R-1 with Bonus Design standards to include Housing mix • A percentage of lots to have variation in widths • A percentage of lots to have a varied exterior model type • Identical house models not allowed on adjacent and abutting lots Plat and access plan Allow clustering throughout the R-4 zone Limit the number of curb cuts Disallow flag lots Allow a shared driveway serving two houses to reduce curb cuts Allow two or more lots with one curb cut as a"courtyard" form of development. Architectural Standards (already in code for cluster development in R-4) • Decorative hip or gable roofs with a pitch equal to or greater than 1:2 • Windows and doors with decorative trim at least 4 inches in width on any side of the house with street frontage • Eaves projecting at least 18 inches from the face of the building on at least 75% of the buildings exterior perimeter • Horizontal fascia at least 10 inches deep on all sides of the structure Street frontage landscape and fencing standards Fencing to be stained or painted and include decorative treatment Materials allowed include wood, concrete, brick Landscape material to provide Canopy trees A mix of deciduous and evergreen Ground cover in the required setback Submittal requirements Parcel layout, conceptual and detailed landscape plan, housing mix plan, dwelling plans and elevations, materials board with material samples and exterior building colors '4t.r Attachment 2 Recommendations for Bonus System Create an administrative bonus system allowing the Development Services Director to determine administratively the combination of criteria used achieve increased density further mitigate environmental conditions, and enhance site development. The intent of the bonus system is to allow site-specific development to achieve higher density within the allowed range in the Residential Low Density Comprehensive Plan designation, where it can be determined based on site-specific information that environmental quality and high amenity community development can be achieved. Requirements for Bonus 1) Demonstrate that standard building sites are feasible for each proposed unit meeting lot width and depth, and access standards without variances, or alteration of the critical areas and critical area buffers on the site. Variation includes grading, filling and alteration of wetlands and dewatering of the site. 2) If these criteria can be met: Choose from the following options to achieve bonus credits: A. 2 du/ac credit for a low impact grading plan limiting vegetation removal and site grading to the building foot print of proposed structures and proposed roads to encourage an increase in pervious surface, retention of natural site vegetation and reduction of potential erosion, and disruption to the site vegetation, soil, and natural drainage patterns. B. 1 du/ac credit for provision of low impact development standards in the plat that reduces surface water run off and the need for retaining ponds and increasing the amount of surface water than permeates into the soil. Low impact development techniques include use of techniques such as • Pervious surface, • Drought resistant native vegetation, • bioswales C. 1 du/ac credit for site consolidation to a land area(3 acres) to allow efficient site planning including • Ingress and egress with an interconnecting interior road system • Provision of at least 20% of the site in open space and pathways in addition to required sidewalks or setbacks D. .5 du/ac credit for tree retention/replanting above the minimum standard of 25% and replanting of 2 street trees per lot and for providing trees that provide water retention, reduce erosion, or for provision of larger caliper trees. Table 1: East Renton Plateau Pre-Zoning Designations IArea on Mapping Mapping Criteria in the Renton Zoning Purpose Rationale for Pre-Zoning Plateau Designation Comprehensive Plan Recommendation Generally on RC Policy LU-135 Section 4-2-020 B Renton City Code Presence of significant and the Southwest 1) Critical areas encumber a significant The Resource Conservation Zone(RC)is pervasive slopes of greater portion of the portion of the gross area; established to provide a very low-density residential than 40 percent grade based Plateau and 2) Developable areas are separated zone that endeavors to provide some residential use on slope data in the City of the from one another by pervasive of lands characterized by extensive critical areas or Renton database,King Westernmost critical areas or occur on isolated lands with agricultural uses. This zone promotes County database,and USGS tip. portions of the site and access uses that are compatible with the functions and topographical survey. limitations exist; values of designated critical. No minimum density 3) The location of the sensitive area is required. results in a non-contiguous development pattern; The Resource Conservation Zone is also intended to 4) The area is a designated urban provide separation between areas of more intense urban uses;reduce the intensity of uses in separator;or accordance with the extent of environmentally 5) Application of the Critical Areas sensitive areas such as floodplains,wetlands and Ordinance setbacks/buffers and/or streams,aquifers,wildlife habitat,steep slopes,and net density definition would create a other geologically hazardous areas. situation where the allowed density could not be accommodated on the remaining net developable area without modifications or variances to other standards. The Eastern R-1 (with Policy LU-134 Section 4-2-020 C Renton City Code Presence of streams or creeks and bonus up to 1 home per acre on Residential Low The Residential-IDwelling Unit Per Net Acre Zone and wetlands based on City Southeastern two or four Density(RLD)designated land with (R-1)allows residential development of lands where of Renton and King County portion of the dwelling units significant environmental limited residential development will not databases. Also,significant Plateau. per acre) constraints,including but not limited compromise critical areas. The zone provides for erosion hazard along southern Also,a to: steep slopes,erosion hazard, suburban estate single family and clustered single- portion of the Plateau. portion of the floodplains,and wetlands or where family residential dwellings,at a maximum density Extension of sewer lines to Northeast the area is in a designated Urban of one dwelling unit per net acre and allows for this area on the plateau is not area. Separator. small scale farming associated with residential use. anticipated in the foreseeable future. The eastern portion of It is further intended to protect critical areas, the Plateau is bordered by the provide separation between neighboring Urban Growth Boundary, jurisdictions through designation of urban thus the proposed R-1 area separators as adopted by Countywide Policies,and prohibit the development of incompatible uses that serves as a separator. may be detrimental to the residential or natural environment. No minimum density is required. The bonus is possible only on land where it can be H:\EDNSP\PAA\Annexations\East Renton Plateau PAA\East Renton Plateau Task Force\Plateau Matrix DRAFT Page 1 of 2 . . demonstrated building can be achieved without variances, or filling and altering environmentally constrained land. Bonuses are granted for criteria such as low impact development,projects that limit vegetation removal,and additional tree preservation. Essentially, R-4 Policy LU-134 Section 4-2-020 D Renton City Code Parcel specific the remainder Density should be a maximum of 4- The Residential-4 Dwelling Units Per Net Acre environmental constraints of the Urban du/net acre on portions of the Zone(R-4)is established to promote urban single- can be addressed through portion of the Residential Low Density land where family residential neighborhoods serviceable by applications of the Renton Plateau. these constraints are not extensive urban infrastructure. The R-4 designation serves as Critical Areas Ordinance. and urban densities are appropriate. a transition between rural designation zones and higher density residential zones. Larger lot subdivisions are preferred;however, "small lot clusters"are allowed on sites where open space amenities are created. Resulting development is intended to be superior in design and siting than that which would normally otherwise occur. Small lot clusters may also meet objectives such as the provision of efficient sewer services. An area of R-8 There is no policy regarding mapping Section 4-2-020 E Renton City Code Parcel specific 6.15-acres criteria for R-8 designation. Objective The Residential-8 Dwelling Units Per Net Acre environmental constraints along the LU-FF states:Encourage re- Zone(R-8)is established for single-family can be addressed through Western investment and rehabilitation of residential dwelling allowing a range of 4 to 8 applications of the Renton boundary, existing housing,and development of dwelling units per net acre. Development in the R-8 Critical Areas Ordinance. adjacent to new residential plats resulting in Zone is intended to create opportunities for new Renton City quality neighborhoods that: single-family residential neighborhoods and to limits. 1) Are planned at urban densities and facilitate high-quality infill development that implement Growth Management promotes reinvestment in existing single-family targets, neighborhoods. It is intended to accommodate uses 2) Promote expansion and use of that are compatible with and support a high quality public transportation,and residential environment and add to a sense of 3) Make more efficient use of urban community. services and infrastructure. 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N Yt - ?e t,hRt .=tL f• 1!. i.1i : x ,,,.•,;,•,-'41•••,„-=.•rp* €� IF! N�11 • , ex4t -,,. -` ., - _ ' Proposed Preserve Our Plateau Mnexat on �, -v -17.7.raCliii E { ��!€ eii fr t �€`.� t� ----- ..moi.' t�'.; _:'z_ j�i,....:.::::,7.7.,,:r.....::.....i47:,..:,...,.., "'4'- c'x � r f`e l .1I� i it , aiM €� ; c ?; , i � . ... .._ • .. • ea -- `wr.:. - »w y t. ,,- x '" • cz" ;� - - 3 (s .0 1 k ! 4 vE3s, fi= =amu is 5 CortirneAkt C-4416.0 e. lA;re h2. DATE: 12/11/06 TO: Mayor Keolker Randy Corman,Council President Members of the Renton City Council FROM: Kerry Abercrombie, Stephanie Lorenz,and Kevin Wyman SUBJECT: Minority Report Summary:East Renton Plateau Task Force Prezoning Map We,the task force minority, encourage the Council to seriously consider: • attaching a base density of 2(Overlay)to the R-4 zone, • delineating the East boundary line for R-4 Overlay at 175th Ave. SE.,and • zoning the entire East Renton Plateau R-4 area R-4 Overlay. The R-4 overlay for the entire R-4 area is considered to be the best option by the minority group because doing so will result in a win-win-win as described below. 1) Win for property owners. a. This area is currently zoned King County R-4. Retaining the R-4 density will insure consistency in zoning and corresponding property values. b. The base of 2 will allow for simple subdivision by individuals without incurring the 'red tape,' time,or costs commonly associated with more complex/maximum density development. As proposed, sewer would not be required for the base of 2. c. R-4 Overlay for the entire R-4 area will insure equality in zoning for every property owner. d. R-4 Overlay(as proposed)will require developers to meet basic but effective development standards, including hydrology reports,to better protect properties neighboring maximized density development areas from the residual effects of water run off and other common issues associated with maximized density development. 2) Win for the City. a. R-4 Overlay for the entire area will provide efficient consistency in application of the zoning code for staff. b. Sewer to/very near 175th is anticipated in the near term. Sewer service east of 175th will likely be substantially farther into the future. *The minority group does not consider the possible necessity of a lift station results in the unavailability of urban services. To illustrate this point, please note L31,L34,and L36;three stations currently in use in the immediate plateau area. c. R-4 Overlay(as proposed)will enable the City to collect for community improvements from the immediate area for services in the immediate area. d. R-4 Overlay is the best hope for increasing the standard of improvements to the immediate area by increasing the requirements that will result in higher quality design. (By far,the most common complaint is the lack of character along NE 4`h. Improving the aesthetics of the area to, from, and within forthcoming developments is a priority for the citizens,the residents,and therefore the task force.) e. Base density of 2 will further establish Renton's reputation as user friendly for the average, private property owner. 3) Win for Developers. a. R-4 Overlay will insure maximum density of logical buildable lands within the UGB. b. R-4 Overlay will encourage higher quality development thus returning higher profits. It is important to note that the Planning staff met and presented the R-4 Overlay idea to prominent developers in Renton. They commented that they like the idea and that the proposed requirements for maximum density would not add significant additional costs. The minority group agrees that successfully maximizing density in the R-4 Overlay zone would require the implementation of variable lot sizes,variety of product elevations,clustering and other basic development criteria. Finally, we would like to note that the R-1 zone seems to have an abundance of topographical and hydrological elements that very clearly dictates R-1 zoning. P�6r;c I-i ea el/1_1 e0/'/'esf041‘ /.1 11- ;- 006. F-asf!P o ileii RECEIVEd /9/a eats /0 4A- To Renton city council DEC 0 6 2006 Prezon/n9 Renton planning&Development RENTON Guy COUNCIL --frittir -de(i V-Phiz a Dear city council member, My name is Robert Graham and I live in the Renton Plateau at 17404 se 140`h ST. I wrote a letter to you and spoke at your last council meeting regarding the potential rezone of my property. I have had quite an education over these last few weeks and sleep has not come easy. I've learned that right or wrong seem to have no place in this matter, what appears to matter most is that the city of Renton appeases enough voters from our area to get it's annexation pushed through. I now believe,as do many others that the city is well aware that our zoning is as it should be. We are within two blocks of all three schools,seven hundred feet from planned sewer and very close to 128`h,which is the main arterial;heck,we even have our own two fire hydrants. Why did Renton zone it R-4 in the first place? Why does King County feel the R-4 zoning is the proper and correct zoning?The answer is,because it is currently zoned responsibly and correctly. I have yet to hear anyone from the city of Renton give any sort of justification for down grading my zoning. If there were concerns over critical areas would they not be covered by the critical areas ordinance? Does the city of Renton trust this ordinance to be effective? I've heard the argument that because of sensitive areas our area would only get one home per acre anyway. If this is true why bother changing my zoning? Why have an urban growth boundary if within it you put rural zoning? I believe my property has everything necessary for a very good development, including a buyer. If this zoning is adopted it will devalue my property by approximately one and a half million dollars. Since initiative 933 failed I can't imagine how I might be compensated for this. I understand that the city wants its task force to develop a proposal, Will they be asked by the council for justification at some point? I had not envisioned being an opponent of annexation however if the council would adopts R-1 zoning for my property I would much rather remain in King County. In the event that annexing the plateau fails would I still be forced to abide by Renton's comprehensive plan? I have written letters and pleaded my case at the council meeting, I have written letters to your task force and provided detailed pictures of my property. I have not heard from anyone who will answer these questions. I understand you are all very busy however I wonder if a council member may be willing to sit down with me to explain why my property was proposed for a downgrade in zoning with no apparent justification,other than possibly additional annexation votes. "iller,77,' (-II - ,0,1,7ppip. Robert R. Graham I7 011 Sc ii0 +. feo-ry-n 9t2 :'?7 9 Cr :)(I Cu-1(9)-c, 1 Public #ear/rt5 dorrespondeilc6 From: "Tom"<TDCarp@comcast.net> 41_ II-01°04, To: <council@ci.renton.wa.us> _Vern 3• e, Date: 12/11/2006 1:52:08 PM 1 Subject: Comment for tonights City Council meeting East IPen fon t/114'/ TCQa Mil Bonnie, the attached is public comment for tonight's City Council meeting and is related to the pre-zoning for the plateau east of Renton. Tom Carpenter /Boob SE /3q'"` Pl, Rentor, 1-414 9$Dsq Official input to the City Council public comment on the plateau east of Renton Tom Carpenter; 15006 SE 139th Place, Renton, WA 98059. I'm a member of the east Renton plateau Citizens' Task Force and thank Renton for their willingness to create such a means for PAA resident engagement. I'm also an elected member of the Four Creeks Unincorporated Area Council (FCUAC) whose boundaries include the unincorporated areas on the plateau. The FCUAC's three highest priorities include assuring a comprehensive and sensitive plan involving Renton, King County, and the residents be built and managed. Although the Citizens' Task Force has not yet reached consensus on pre-zoning, it is our intent to get to that point and we make progress each time we meet. As with similar things the City Council has to deal with, the subject of pre-zoning has a number of facets that can make it difficult to work through without separating them out and understanding each fully. The subjects that have been discussed in the context of zoning are shown in this table: Zoning Property Design Hydrology/ Value Standards Topography Bonuses Property Value relates to the effect zoning(e.g. R-1 vs. R-4) can have on both perceived and actual individual property resale value. Design Standards relates to the strong desire to create design reviews prior to actual development to mitigate some of the tragic problems seen thus far as the build-out proceeds. Hydrology/Topography relates to the unique attributes of the plateau as a watershed, particularly in the eastern-most third of the PAA. Bonuses relates to the idea of incentivizing developers (carrot not stick)to go beyond minimal requirements in certain areas (e.g. exceeding vegetation retention/replanting requirements, when passed by the Council). The bonuses would take the form of aurhotizing additional dwelling units per acre. Renton Zoning Code "The Residential-1 Dwelling Unit Hydrology/Topography relate most to the Renton Per Net Acre Zone (R-1) is Policy that is used to define the criteria for zoning established to provide and protect R-1 while Property Value (along with GMA suitable environments for density targets) relate most to the push to zone residential development of lands areas R-4. characterized by pervasive critical areas where limited residential Unfortunately, there is insufficient hard and development"will not experiential data relating to hydrology to compromise. 1 accurately describe the significant role the plateau plays as a watershed to both the Cedar River and May Creek, the latter being severely influenced by silt runoff from both the plateau and the southern slope of Cougar Mountain. This information is also necessary to effectively design both surface- and ground-water protection requirements for the plateau. The Citizens' Task Force will be strongly recommending that a comprehensive hydrology analysis be conducted on the plateau. Until such time as that information became available, and based on Task Force members knowledge of the plateau, I recommend that the City Council pre-zone to the lower densities recommended by the majority of the Task Force. Although no member of the Task Force is interested in unnecessarily impacting a property owner's land investment, that factor(Property Value) should not, at the present time, drive us toward higher densities risking the complex and critically important subject of water management, particularly when the plateau is viewed in its entirety, not just at the individual parcel level. Its much easier to rezone in the future from R-1 to R-4 than it is to do the opposite. I have lived on the plateau for over 25 years now and am quite familiar with the specific areas in question and have recently visited each area to assess its condition and the effect water has on these properties, either as a watershed source or as an area impacted by both surface and ground water runoff. Erosion on the slopes above the Cedar River and silt deposited from the plateau in May Creek tell us that the plateau has significant water-related characteristics. I strongly encourage the City Council to favor the recommended R-1 zoning proposals in the Task Force majority report until such time as adequate hydrology information becomes available. 2 iarov imkR HIGHLANDS MORATORIUM PUBLIC HEARING December 11, 2006 The City Council is considering a limited term moratorium on 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. 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. A moratorium is required to provide adequate time for the City to complete pending State Environmental Policy Act(SEPA) appeals and 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 This moratorium shall be in place for six months. 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K■ :■ /�� 41p1116 MN tt gre S ORili ■ r sin MINN Elm ■ g MI .6110 r.1//t! iir,inimavwvi sa gr, ;li: til. - s �� ■� ►�eAl l I f th �.. _ [■ miir miffv1ritas y:?.. .ire I Jy1dams"X11• • - NE tl St. = i�� OMS.-, 111111 ~�y 111 �I� ree ��" $ Iii'IiIIHhIII 'llfJrir i6 I ■s■ ill t� i0it!; P •=, ■■y Iiif; Q %%tea����lit■ v��:�•� ¢.fita. bili; ..• 11 r..'• w PM { .� 0 go ■ vi �1 ���11� .l X111 \1 ._ o. ■ 6+''t • I iP 9ei /tram ' 1 f 4 6[h 11111!1 I it '-- < 1 II•1��1 � ii►0 G._ i f,A 'ill. ■ Q 1111CL9 IIIE' /111 muirm i'�ia 4004 /.� ' e. !" E11■ c FsA 111111111 mum en11■%. l _s .r. Si 64,m' borrun aNII \ /') Gtrc$f IMIRP• a EIDO 6 ■ii jJ •% la . MIR =Er. _ Highlands Subarea 0 1000 2000 Subdivision Moratorium Area November 2006 ® R-10 Gti Y oc Economic Development,Neighborhoods&Strategic Planning 1 : 12000 .. Alex Pietsch,Administrator C E Feasel 15FNTD. 16 November 2006 New Highlands Moratorium December 11, 2006 Renton City Council Public Hearing 4. N-. AT � Need for Moratorium Proposed Changes Appealed • The current R-10 zone does not effectively Highlands Land Use and Zoning Package implement the Comprehensive Plan —Citizen's Taskforce recommended a • Many existing lots could be subdivided package of land use and zoning • Lower density subdivision not consistent changes with the Center Village Comprehensive —SEPA for the proposed changes has Plan Designation or proposed zoning been appealed • Design Guidelines are not in place to —Moratorium would allow time for require quality development resolution of the appeal Moratorium Applicability Recommendation • Moratorium applies Implement a six- month zoning moratorium: to all R-10 areas in —Allows time for SEPA appeal to be Highlands Study °' Area ` - _ resolved —Eliminates need for interim zoning • Prohibits ; � changes to the R-10 zone ` �'} subdivision for , 4 - —Supports the goal of achieving more single family land efficient land use in the Highlands uses .�,,..". y_ ii �; —Can be removed early if new zoning in place 1 ,(cY O� ADMINISTRATIVE, JUDICIAL, AND CCD C + LEGAL SERVICES DEPARTMENT • �'iNNTO� MEMORANDUM DATE: December 11, 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 • AKANYI Gallery of Seattle has generously loaned the City of Renton a number of pieces of original African art. They will be on display for the next six weeks in the main lobby display case at City Hall. AKANYI Gallery is home to one of the largest collections of African and tribal art in the Pacific Northwest focusing primarily on West African sculpture. The AKANYI collection is rich with rare, elaborate pieces expressing the culture and history of Africa. The display at City Hall includes masks, fertility dolls, a small drum, and a headrest. The countries represented are Ghana, Zaire, Burkina Faso, and Angola. • During December, the City of Renton will be conducting a community survey in Renton and surrounding areas to identify current and future residents' needs and interests related to cable television operations and programming. The survey is part of the City's cable television franchise review process. A company called"Issues and Answers" will conduct the telephone survey. The questions will focus on how residents use and value the services provided by Comcast cable television today, and their potential future needs from the system. The findings from the survey will be used to inform the City's franchise negotiations with Comcast during 2007. COMMUNITY SERVICES DEPARTMENT • Don't miss the opportunity to hear classical holiday music this Saturday, December 16th, at 3:00 p.m., when the Renton Youth Symphony Orchestra performs its Holiday Concert at Carco Theatre. Tickets are $7 for adults and $5 for students and seniors. For more information, call the Renton Community Center at 425-430-6700. • Two Salvation Army "Giving Trees" are on display with gift tags in the main lobby of Renton City Hall and in the reception area of the Renton Community Center. Select a gift tag and experience the joy of giving by returning it taped to an unwrapped gift, to either of the two locations, by December 18th. For information, call Captain Terry Masango at 425-255-5974. • The 2007 Winter/Spring "What's Happening..." brochure of recreation programs is now available at Renton libraries and recreation facilities. To register on-line, go to cybersignup.org or call 425- 430-6729 to register via touch tone phone. For more information on available programs visit www.rentonwa.gov or call 425-430-6700. f4ii.dience &Ilene/it //1- 01006 f rGt. (rJ °t,4, Request of Renton City Council / With regards to the proposed Marshall Annexation in the Renton Highlands, I respectfully request that the city initiate change in the zoning designation of five properties included in the Marshall Annexation from R4 to CN. The five properties are: 516970-0129 10733 138th Ave SE Charles&Karen Grass 770310-0010 13645 SE 1076 1131 Garry& Shirley Reinhardt 345000-0010 10715 138th Ave SE Paul Nguyen & Hong Tran 516970-0137 10703 138th Ave SE Larry Powell 516970-0142 10625 138th Ave SE Stewart Harrison These properties comprise the four properties facing 138th Ave SE/Duvall Ave NE plus the first property west of the Grass property which is owned and occupied by Garry& Shirley Reinhardt. The Reinhardt property adjoins the back of a coin op car wash. The car wash users are frequently loud no matter what hour of the day or night. Rienhardt's and Nguyen/Tran, the property to my north, have specifically authorized me to make this request on their behalf. I have not been able to make contact with the owners of the other two properties north of the Nguyen/Tran property. Those two properties are rental properties. Mail addressed to the owners at the property addresses are returned by the post office. I am making this request to facilitate the future redevelopment of my property at the corner of 138th Ave SE and SE 107th PI from a residential structure to a professional office building. Our plans are still preliminary so our request at this time is not a project action. I have reviewed our redevelopment ideas with the Reinhardt's and they are agreeable to this redevelopment and agree to request re-zoning of their property to support my redevelopment. Nguyen/Tran are joining in this request to facilitate using their property for a business activity subject to applicable regulations. I have included the other two properties in this request due to their being across from the Shannon's Village retail/professional office complex. Further, although these properties have been recently cleaned up, painted and repaired, in the past, these and other properties facing 138th Ave SE/Duvall Ave NE have been allowed to fall into disrepair. In fact, the next property north of the Marshall Annexation is currently boarded up. I believe these properties falling into disrepair is a result of persons not wishing to live on a busy arterial like Duvall Ave unless at lower than market rents that do not support proper maintenance. Back to my property specifically, the zoning change will align the zoning with its most recent use. Over the last 25 years, the property has had business activity conducted either from the street level basement or from the main floor. The last thirteen years being my ee: t'eIcca Gtnd CPA practice from the main floor with records storage in the basement. I moved the practice out this building November lath For these reasons, I believe that the community interest is served by zoning the properties along Duvall Ave NE north of NE Sunset Blvd as CN and I am respectfully requesting that the council make this a city initiated change with the result that the application fees be waived. Thank you. 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I-l�'i2� 4'0 1� 44, ::i :12.1 o i�^'eln�� �> (�c�c�J mo=t ■url1i�o■ .� �' Kam :I a -�: . nJ 6uYt� ' .t.al TS Ii7a"BAT 11111 ..}..kti'S A111:3111111111: l' „ as a #:" i3' , Yt�Q-�s 3 ' gall L •— ei,t�;P�` -AO 4 ifillial w :// IR w L 7 Mgr _ . . OWI r7 o n o i—1'y i, 1 f 11xTf1 .41.1.10it . a ��ill a Proposed Marshall Annexation 0 800 1600 Vicinity Mapc . • Economic Development,Neighborhoods&Strategic Planning 1 : 9600 AkX ."""°° — City Limits .0 G.Dei Rosaio '' 28 hoe Study Area CITY OF RENTON COUNCIL AGENDA BILL AI#: / l° Submitting Data: For Agenda of: December 11, 2006 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie Walton, City Clerk(x6502) Agenda Status Consent X Subject: Public Hearing.. Certification of 11/7/2006 Special Election Results by Correspondence.. King County regarding Proposition 1, Initiative Measure Ordinance concerning fireworks Resolution Old Business Exhibits: New Business Certification of Election Results Study Sessions Information X Recommended Action: Approvals: Legal Dept Information Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. On December 6, 2006, certification was received by the City Clerk of the November 7, 2006, Special Election results regarding Proposition No. 1, Initiative Measure Concerning Fireworks. The issue submitted to voters for approval or rejection, as initiated by citizen petition, was to repeal the City's fireworks ban adopted in 2004 and expand on allowance for fireworks sales and use. The results of the election are: YES (repeal the fireworks ban and expand on sales and use) 5,515 37.43% NO (do not repeal the fireworks ban and expand on sales and use) 9,219 62.57% INITIATIVE FAILED The fireworks ban remains in effect. Records, Elections and CITY OF RENTON *law Licensing Services Division Department of Executive Services DEC ��� King County Administration Building t L 500 Fourth Avenue, Room 553 RECEIVED Seattle, WA 98104-2337 CITY CLEWS OFFICE 206-296-1540 Fax 206-296-0108 TTY Relay: 711 STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) This is to certify that on November 7, 2006, there was held a Special Election in conjunction with the General Election, in the City of Renton, King County, Washington, for the submission of a ballot measure to the voters for their approval or rejection; That the results of the election were duly canvassed by the King County Canvassing Board of Election Returns on November 28, 2006, and the results of said canvass are as follows: CITY OF RENTON PROPOSITION NO. 1 INITIATIVE MEASURE CONCERNING FIREWORKS YES 5,515 37.43% NO 9,219 62.57% FAILED VALIDATION REQUIREMENTS Proposition No. 1 required a simple majority to pass. With a rejection rate of 62.57% the measure failed. Dated at Seattle, King County, Washington, this 28th day of November 2006. J meuc Interim D' hector �#•®¶202M CITY OF RENTON COUNCIL AGENDA BILL ( AI#: CJs e Submitting Data: Planning/Building/Public Works For Agenda of: December 11,2006 „r Dept/Div/Board.. Development Services Division Staff Contact Juliana Fries x:7278 Agenda Status Consent X Subject: Public Hearing.. Cottages At Honey Creek Final Plat Correspondence.. File No. LUA 06-041,FP(LUA 04-085, PP) Ordinance X 4.1 acres located at 4821 NE Sunset Blvd. Resolution Old Business Exhibits: New Business 1. Resolution and legal description Study Sessions 2. Staff report and recommendation Information Recommended Action: Approvals: Legal Dept X Council concur Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. Cottages at Honey Creek divides 4.1 acres into 27 single-family residential lots and 1 commercial lot with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks, and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred(and a security device posted) as required through the Planning/Building/Public Works Administrator prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording of the plat. STAFF RECOMMENDATION: 1. Approve Cottages at Honey Creek Final Plat, LUA 06-041, FP,with the following conditions and adopt the resolution. a) All mitigation fees shall be paid prior to the recording of the plat. • b) All plat improvements shall be either constructed or deferred to the satisfaction of the City staff prior to the recording of the plat. CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (COTTAGES AT HONEY CREEK, FILE NO. LUA-06-041FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or Nirape roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 4.1 acres, is located at 4821 NE Sunset Blvd.) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated December 1, 2006. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1229:12105/06:ma 2 LEGAL DESCRIPTION PARCEL "A" TRACT 6, JOSEPH.P. MARSHALL TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 38 OF PLATS, PAGE(S) 30, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 530 FEET THEREOF; AND EXCEPT THAT PORTION OF TRACT 6 OF JOSEPH P. MARSHALL TRACTS, VOLUME 38 OF PLATS, PAGE(S) 30, DESCRIBED AS FOLLOWS: l,, BEGINNING AT THE NORTH UNE OF SAID TRACT 6 AT A POINT 100 FEET WEST, AS MEASURED AT RIGHT ANGLES, OF THE EAST LINE THEREOF; THENCE SOUTH PARALLEL TO SAID EAST LINE A DISTANCE OF 200 FEET; THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID TRACT 6 A DISTANCE OF 140 FEET; THENCE NORTH PARALLEL TO SAID EAST LINE OF SAID TRACT TO THE NORTH UNE THEREOF; THENCE NORTHEASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 741907, ITEM 6 BY THE STATE OF WASHINGTON FOR HIGHWAY SR 900. PARCEL "R" THE NORTH 200 FEET (MEASURED ALONG THE EAST UNE) OF THE WEST 140 FEET OF THE EAST 240 FEET MEASURED AT RIGHT ANGLES TO THE EAST LINE OF TRACT 6 OF JOSEPH MARSHALL TRACTS, AS PER PLAT RECORDED IN VOLUME 388 OF PLATS,.PAGE 30, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION DEEDED TO THE STATE OF WASHINGTON IN KING COUNTY SUPERIOR COURT CAUSE 741907, LYING NORTHERLY OF A LINT DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 70 FEET DISTANT SOUTHERLY, WHEN MEASURED AT RIGHT ANGLES FROM THE CENTERLINE SURVEY OF SR 900, 116TH AVE S.E., TO 138TH AVE. S.E. AT HIGHWAY ENGINEER'S STATION 180+00; THENCE EASTERLY 250 FEET, MORE OR LESS, 0 A POINT 65 FEET DISTANT SOUTHWESTERLY, WHEN MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE CENTERLINE AT HIGHWAY ENGINEER'S STATION 18250, AND THE END OF THIS UNE DESCRIPTION. DUVALL AVE. N.E. 2 n' !La FIELD AVE. N.E. E HOQUTAtd AVE, N.E. DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Harvey Adams Cottages at Honey Creek Final Plat. File: LUA 06-041FP LOCATION: South side of Sunset Blvd NE at East of Duvall Ave NE. Section 3, Twp. 23 N., Rng 5 E. SUMMARY OF REQUEST: Final Plat for 27 single-family residential lots and one commercial lot with water, sanitary sewer, storm, street and lighting. RECOMMENDATION: Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Now Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Harvey Adams, filed a request for approval of Cottages at Honey Creek, a 27 single-family residential lots and 1 commercial lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non-Significance-Mitigated on September 28, 2004 for the subject proposal. The plat was later subject to major revisions to preliminary plat (plat amendment) and a new Determination of Non-Significance Mitigated was issued on August 14, 2006. 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 new plat is located in Section 3,Twp. 23 N., Rng 5 E.,W.M. 6. The subject site is comprised of 2 parcels totaling 4.1 acres. 7. The 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 to be re-aligned and storm tract relocated and changed to an open pond and commercial lot to be relocated. 8. The Preliminary Plat (LUA-04-085) was approved by the City of Renton Council on January 10, 2005. The major amendment to the plat was approved by City Council on November 13, 2006. 9. The site is zoned Center Neighborhood (CN). 10. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 11. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant complied with the conditions imposed by the ERC: 1. The project shall be designed and comply with Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 Stormwater Management Manual. The project design and construction complies with the DOE requirements for Erosion and Sediment Control. 2. Earthwork activities shall be limited to the drier summer months as outlined in the Geotechnical Engineering Report dated May 7, 2004 (page 5), unless approved by the Development Services Division. The applicant complied with the condition during construction and utility work. In addition a geotechnical engineer provided technical support for work outside the summer months. 3. The applicant shall comply with the recommendations contained in the Geotechnical Engineering Report dated May 7, 2004, regarding "Site Preparation and Grading", "Structural Fill"and "Utilities". The applicant complied with the condition during construction and utility work. 4. The applicant shall delineate, label and note on construction drawings and on the face of the final plat a 50 foot buffer from the delineated ordinary high water mark (OHWM) of Honey Creek on the south side of the buffer starting approximately 91 feet from the west property line. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to recording the final plat. The buffer is shown and noted on the construction drawings and on the face of the plat. 5. The applicant shall delineate, label and note on construction drawings and on the face of the final plat either a 50 foot buffer or an averaged buffer from the ordinary high water mark (OHWM) of Honey Creek on the both sides of the Creek located to the east of the new public street and north of new Lot 1. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to recording the final plat. The buffer is shown and noted on the face of the plat. 6. During site preparation and construction of improvements and residences, the applicant shall install silt fencing with brightly colored construction flags to indicate the boundaries of the stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division and be completed prior to the issuance of construction/utility permits. An orange construction fence is shown on the approved civil plans and was installed by the contractor. 7. After the development of roadway and utility improvements, the applicant shall install permanent fencing (i.e. split-rail fence or other approved barrier) and signage along the entire edge of the stream/creek buffer. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. Fencing and signage along the entire edge of stream/creek buffer will be installed prior to recording of the final plat. 8. The applicant shall design the project to comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. The project complied with the 1998 King County Surface Water Design Manual, and provided flow control Level 2—for detention and basic water quality. 9. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot, $388.00 per new multi family unit, and $0.52 per gross sq.ft. of new commercial area. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. Fire Mitigation Fee for the single-family lots will be paid prior to recording.Fees for the multi-family units will be paid prior to building permit. 10. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. Fees for the commercial development will be payable prior to the issuance of a building permit. The Transportation Fee for the single-family lots will be paid prior to recording of the plat. The multi-family lot will pay the fees upon building permit. 11. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot and $354.51 per new multi family unit. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. Parks Mitigation Fee for the single-family lots will be paid prior to recording. Fees for the multi-family units will be paid prior to building permit. 12. In the event that archaeological deposits are found during excavation and construction, work shall stop and the contractor(s) shall contact the State Archaeologist at the State of Washington Office of Archaeology and Historic Preservation, phone(360)586-3065. Archaeological deposits were not found during excavation or construction. 13. Fire, Traffic, and Park mitigation fees for Lot C1, if required, will be due upon development of Lot CI. Mitigation fees for Lot Twill be collected at the time of building permit. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The applicant shall comply with conditions imposed by ERC. Applicant complied with the above ERC conditions 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. The number of driveways accessing the cul-de-sac has been reduced,and homes will be sharing driveways. 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. igloo" The applicant has been working with the City and WSDOT to provide channelization along NE Sunset Blvd. 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. A Homeowners Association will be created and the Declaration of Covenants, Conditions and Restrictions was reviewed and approved by the City Attorney and Development Services, and includes the referenced maintenance responsibilities. 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. Tax lot 5169700071has been incorporated into the Final Plat map and the Stormwater Tract will be dedicated to the HOA upon recording of the Final Plat. Maintenance of the stormwater tract has been included on the Declaration of Covenants, Conditions and Restrictions. 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. A revised landscape plan has been submitted and was subject to the review of Development Services — Planning. The revised landscape plans have been approved. 7. The required landscaping of the stormwater pond shall be installed prior to recording the final plat. Landscaping of the stormwater pond will be installed prior to recording of the final plat,unless deferred by the Public Works Administrator. 8. The applicant shall, as a condition of the approval of this 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. A revised site plan has been submitted. Review of the development standards for setbacks will the done at the time of building permit. 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, lirew 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. The development moved the stormwater pond outside the stream buffer. Buffer averaging, compensation, restoration, monitoring and maintenance will be submitted and reviewed by Development Services prior to recording of the final plat. 10. The mitigation installation and restoration for the stream buffer shall be complete prior to recording the final plat. The stream buffer mitigation and restoration will be completed prior to recording. CONCLUSIONS The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: 1. The City Council should approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 15t DAY OF DECEMBER,2006 JItLIANA FRIES` DEVELOPMENT SERVICES DIVISION cc: Kayren Kittrick LUA-06-041-FP LEGAL DESCRIPTION PARCEL 'A' TRACT 6, JOSEPH P. MARSHALL TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 38 OF PLATS, PAGE(S) 30, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 530 FEET THEREOF; AND EXCEPT THAT PORTION OF TRACT 6 OF JOSEPH P. MARSHALL TRACTS, VOLUME 38 OF PLATS, PAGE(S) 30, DESCRIBED AS FOLLOWS: lase BEGINNING AT THE NORTH UNE OF SAID TRACT 6 AT A POINT 100 Ftt.I WEST, AS MEASURED AT RIGHT ANGLES, OF THE EAST UNE THEREOF; THENCE SOUTH PARALLEL TO SAID EAST UNE A DISTANCE OF 200 FEET; THENCE WEST PARAI I A TO THE SOUTH UNE OF SAID TRACT 6 A DISTANCE OF 140 FEET; THENCE NORTH PARALLEL TO SAID EAST UNE OF SAID TRACT TO THE NORTH UNE THEREOF; THENCE NORTHEASTERLY ALONG SAID NORTH UNE TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 741907, ITEM 6 BY THE STATE OF WASHINGTON FOR HIGHWAY SR 900. PARCEL 's' THE NORTH 200 FEET (MEASURED ALONG THE EAST UNE) OF THE WEST 140 FEET OF THE EAST 240 FEET MEASURED AT RIGHT ANGLES TO THE EAST UNE OF TRACT 6 OF JOSEPH MARSHALL TRACTS, AS PER PLAT RECORDED IN VOLUME 388 OF PLATS, PAGE 30, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION DEEDED TO THE STATE OF WASHINGTON IN KING COUNTY SUPERIOR COURT CAUSE 741907, LYING NORTHERLY OF A UNT DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 70 FEET DISTANT SOUTHERLY, WHEN MEASURED AT RIGHT ANGLES FROM THE CENTERLINE SURVEY OF SR 900, 116TH AVE: S.E., TO 1381H AVE. S.E. AT HIGHWAY ENGINEER'S STATION 180+00; THENCE EASTERLY 250 FEET, MORE OR LESS, 0 A POINT 65 FEET DISTANT SOUTHWESTERLY, WHEN MEASURED AT RIGHT ANGLES FROM SAID CENTERUNE CENTERLINE AT HIGHWAY ENGINEER'S STATION 182.50, AND THE END OF THIS UNE DESCRIPTION. `err t Fttte YON IN CM II ov nnAW ieoia Wt PSTOM1C E1 e`er. 1 c*.PYA •0210).�,�« _ . SVt1S 1. S\) — — — -900' ��r _ - �% ,y z �,�tNL/-`d -- •, ' Iy 1 / Cl x. r- t _ I .. y' J •I:..N .. lit ---\ ... µ} MN SPACEwAC7 K7 �E1911n.1MCi Ri _. .f I / 6 i toom g "wro�oA wr - _-oor"-i tt t1ee�o1•w 150. I,�, alicbc Mil VALE"OCT • ioneiCE - cal+uu� I �11 vat 1 :_cam > � apt ua• *" 34.sr PAW v "ifd 27 -, I • 2 i i 21 p 22 II23- `1 .o1: � 1 armee I i n --' as/ q 25 I _ ats tem a7r trraat I 4 mrr ""' r' r " 20 i 24 5 � r —e7� a. ,a t�. lerx9.t Wee' . G 1s anon \t.. ..1)- ' 6 d LII 7 aat srwM1 a`r, ;� >OM t 18 7 • some-ltr' ,��,� ease tttvori WV —_/ To.-- At vim to mot 1161115 14ii 13 1121111 10 N tN8 j • am. zoo. *W' *or *W _ t►ar 37.1$ Ago' *tW seea'ort 330.1310 `PA DUVALL AVE. N.E. As n z A FIELD AVE. N.E. r E HOQUIAM AVE. N.E. CITY OF RENTON COUNCIL AGENDA BILL / AI#: ` , f', I Submitting Data: Planning/Building/Public Works For Agenda of: December 11, 2006 Nrie Dept/Div/Board.. Development Services Division Staff Contact Mike Dotson X-7304 Agenda Status Consent X Subject: Public Hearing.. Savannah at the Park Final Plat Correspondence.. Ordinance File Number: LUA 06-127 FP (Preliminary Plat LUA Resolution X 004-163) Old Business Exhibits: New Business 1. Resolution and legal description. Study Sessions 2. Staff Report and Recommendation. Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment 1/4,..r Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 1.73 acres into 10 single-family residential lots with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks, and street improvements. Design and construction of utilities, lighting, and pavement will be approved, accepted, or deferred(and a security device posted)as required prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Savannah at the Park Final Plat, LUA 06-1127FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. H:\Division.s\Develop.ser\Dev&plan.ing\PROJECTS\06-127.Mike\Agenda Bill.doc! CITY OF RENTON, WASHINGTON Nose RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (SAVANNAH AT THE PARK; FILE NO. LUA 06-127 FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or Now roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth New 1 RESOLUTION NO. (The property, consisting of approximately 1.73 acres, is located in the vicinity of the 900 block of Union Avenue NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated November 16, 2006. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.12 2 8:11/3 0/0 6:ma 2 • EXHIBIT A Legal Description of Property BEGINNING 649.00 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M.,IN KING COUNTY, WASHINGTON. THENCE NORTH 88°48'18"WEST 30.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°48'18"WEST 269.99 FEET; THENCE NORTH 00°25'03"WEST 103.00 FEET; THENCE NORTH 88°48'18"WEST 197.51 FEET TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 7,BLOCK 2 OF CUSTAFSON ADDITION ACCORDING TO THE PLAT THEREOF,RECORDED IN VOLUME 120 OF PLATS,PAGE 24,IN KING COUNTY,WASHINGTON; THENCE NORTH 00°38'25"EAST ALONG SAID SOUTHERLY EXTENSION 103.98 FEET TO THE SOUTH LINE OF SAID BLOCK 2; Nosy THENCE SOUTH 88'24'10"EAST ALONG SAID SOUTH LINE 463.87 FEET TO THE WEST MARGIN OF UNION AVENUE NE; THENCE SOUTH 00°25'03"EAST,ALONG THE SAID MARGIN 203.76 FEET TO THE TRUE POINT OF BEGINNING. • (ALSO KNOWN AS LOT 2,CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-92-159 LLA,RECORDED UNDER RECORDING NO. 9301209004). SITUATE IN THE CITY OF RENTON, COUNTY OF KING,STATE OF WASHINGTON • err VICINITY MAP N.T.S. W z 7 0 Z U ` - \ W NE 8TH ST SITE 0Notie z NE 10TH ST NE 10Th ST W/r/A• NE 8TH ST ,4401 vorw DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Ted and Suzi Dahm Savannah at the Park Final Plat. File: LUA 06-127,FP LOCATION: 909 Union Ave NE. Section 09, Twp. 23 N., Rng 5 E. SUMMARY OF REQUEST: Final Plat for 10 single-family residential lots with water, sanitary sewer, storm, street and lighting. RECOMMENDATION: Approve With Conditions FINDINGS, CONCLUSIONS &RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Tom Touma, filed a request for approval of Savannah at the Park, a 10-lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non-Significance-Mitigated(DMA-M). 4. All appropriate City of Renton personnel reviewed the subject proposal. 5. The subject site is located at 909 Union Ave NE. The new plat is located in Section 09, Twp. 23 N.,Rng 5 E. 6. The subject site is comprised of a parcel of 1.73 acres. 7. The Preliminary Plat (LUA-04-163) was approved by the City of Renton Council on May 9,2005. 8. The site is zoned R-8 (Single Family—8 dwelling units/acre). 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. As a condition of Final Plat submittal, the following addresses the conditions of plat approval from the Hearing Examiner's decision approved by the City Council. The conditions of the Plat Approval and actions taken are summarized below. 1. The applicant shall comply with the conditions imposed by the ERC. • This condition will be satisfied by action taken by the Savannah at the Park, LLC (see section below entitled ERC condition comfimation). 2. Corresponding language about the post office noise shall be included on the face of the plat. • A Note has been placed on sheet 2 of 4 of the Final Plat Map describing the location of the post office and the generation of noise. 3. The applicant shall construct a cedar fence, triple pane windows, double insulation along the north and west property lines of the site. Such wall should be designed by acoustical engineers to provide noise attenuation. In addition, landscaping shall be installed to further assist in noise reduction and is designed to limit visual cues, which play a part in noise perceptions. • A cedar fence will be constructed along the property line bordering the post office. Building plans submitted by Savannah at the Park, LLC for building permits will include specking a Sound Transmission Rating (STC) of 45 for the walls facing the post office site. Such a rating is considered adequate for noise attenuation. The plans will be subject to approval by the Building Department. 4. The applicant shall revise the plat to reflect the easement along the rear of lots 1 through 3 and 18 through 20 to be an alley right-of-way with a width of 16 feet with a minimum of 14 feet of pavement. This requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. • The revisions are shown on the Final Plat Map prepared by American Engineering, Inc. 5. The applicant shall be required to post the 26-foot private access easement (Anacortes Avenue NE) with "No Parking" signage on each side. This requirement shall be to the satisfaction of Development Services Division prior to the recording of the final plat. • This condition shall be satisfied by action taken by the Savannah at the Park, LLC and the completion of construction of the approved engineering plans. 6. 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 landscaped right-of-way improvements, as well as for all shared private utilities/drainage facilities or private access and utility easements to include the r.r+0i 441100 private pedestrian access easement. This requirement shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. • This condition shall be satisfied by action taken by the Savannah at the Park, LLC. Covenants, conditions, and restrictions for the Homeowner's Association were reviewed and approved by the City Attorney as part of the Preliminary Plat and Site Plan Review process. The Savannah at the Park Homeowners Association has been incorporated. These documents will be recorded concurrently with the Final Plat. 7. The applicant shall obtain a demolition permit and complete all inspections and approvals for all buildings located on the property prior to the recording of the final plat. This requirement shall be subject to the review and approval of the Development Services Project Manager. • The City has issued a demolition permit and a house and out buildings have been removed from the site and approved by the City. ERC CONDITION COMPLIANCE: The application has complied with the conditions imposed by the ERC (conditions to follow): l.a.- 1.b.The project shall be designed and comply with Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 Stormwater Management Manual Division. • This measure has been met by action taken by the Savannah at the Park, LLC and the completion of construction of the approved engineering plans. 1.c. The applicant shall remove the temporary erosion control upon completion of the project. • This measure has been met by action taken by the Savannah at the Park, LLC and the completion of construction of the finale permit. 2. The applicant shall design the project to comply with the 1998 King County Surface Water Design Manual to meet both detention (Level 2 flow control) and water quality improvements. • This measure has been met by action taken by the Engineer and Savannah at the Park, LLC and the completion of construction of the approved engineering plans. 3. The applicant shall pay the appropriate Fire Mitigation Fee Based on a rate of $488.00 per new single-family lot. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. • The Savannah at the Park, LLC will pay the necessary fee prior to recording of the final plat. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on a rate of $75.00 per each new average daily trip associated with the project. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. • The Savannah at the Park„ LLC will pay the necessary fee prior to recording of the final plat. 5. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate of $530.76 per new single-family lot. Credit is given for the existing residence. The fee shall be paid prior to the recording of the final plat. • The Savannah at the Park, LLC will pay the necessary fee prior to recording of the final plat. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: 1. The City Council should approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 16th DAY OF NOVEMBER, 2006 MIKE DOTSON DEVELOPMENT SERVICES DIVISION cc: Kayren Kittrick LUA-06-127-FP Michael Dotson -Galloway water main info Page 1 From: "Mark Peterson" <mark@gerryslick.com> To: <mdotson@ci.renton.wa.us> Date: 11/21/06 10:21:19 AM Subject: Galloway water main info Mike- I will also fax this info to Jim Gray. Per IBC/IRC code occupancy R-3 each townhome w/garage occ U construction type VB one hour required separation between units per fire dept requirements-all bldgs to be sprinklered class B roof Units sizes as follows- 24 ft wide unit- 1884 sqft garage 347 sqft 20 ft wide unit-2125 sqft garage 262 sqft w Total area of each bldg as follows- 2 bldgs with unit layouts 24/20/20/24- 9236 sqft 4 bldgs with unit layouts 20/20/20/20- 9548 sqft 2 bldgs with unit layouts 24/20/20/20- 9392 sqft Mark Peterson Gerry Slick Design Group, Inc. 1944 Pacific Ave., Suite 307 Tacoma, WA 98402 Phone- (253)573-1562 Fax- (253)573-1567 Mark@GerrySlick.com ! 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E 1671246.4073 SEP 2 7 2 W ENGINEERS S B2508FP lECFJVEDSHEETE1 � ( 34.0.4.3.11111VOS? 3 OF 3 CITY OF RENTON COUNCIL AGENDA BILL AI#: • klitime Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP December 11, 2006 Staff Contact Alex Pietsch x6592 Agenda Status Consent X Subject: Public Hearing.. Allocation of 2007 Lodging Tax funding Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Community Marketing Campaign 2007 Action Plan Information Visitors Connection 2007 Scope of Work Healthy Lifestyle Request Memorandum IKEA Performing Arts Center Request Letter Recommended Action: Approvals: Refer to Finance Committee Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City Council considers the recommendation of the Lodging Tax Advisory Committee regarding allocation of Lodging Tax revenues for 2007 tourism-related promotion activities. STAFF RECOMMENDATION: Approve the Lodging Tax Advisory Committee's recommendation to allocate funds. Rentonnet/agnbill/ bh ( Y ECONOMIC DEVELOPMENT, C.) NEIGHBORHOODS, AND STRATEGIC + .� ® ' PLANNING DEPARTMENT MEMORANDUM DATE: December 4, 2006 TO: Randy Corman, President Members of the Renton City Council VIA: � Kathy Keolker, Mayor ,,A,� ij FROM: Alex Pietsch, Administrator(x 6592) \"� SUBJECT: 2007 Lodging Tax Allocations Issue: An allocation of Lodging Tax revenue is necessary to support 2007 Now" marketing activities. Recommendations: The City Council should allocate Lodging Tax revenues for 2007 based on the recommendations of the Lodging Tax Advisory Committee. Background: In 1997, the Washington State Legislature enacted SSB 5867, which allows the cities such as Renton to impose a lodging tax of up to 1% for the purposes of increasing tourism. On October 13, 1997, the City Council passed resolution#3288 establishing such a tax and a Lodging Tax Advisory Committee to advise the Council on how tax revenues should be allocated. In 1998, the Council authorized the City's participation in the Renton Community Marketing Campaign in conjunction with other key community stakeholders. The goal was to leverage marketing dollars in the community, by collectively promoting Renton as an outstanding place to work, live, learn, shop, visit, and have fun. Stakeholders, in addition to the City, include: the Renton School District, Renton Technical College, Valley Medical Center, the Greater Renton Chamber of Commerce, and the Renton hotel industry. The Renton Community Marketing Campaign goals tie directly to the City's Business Plan objectives and focus on promoting a consistent identity that builds on the appeal of Renton's residential, educational, and business opportunities. January 5,2004 Page 2 In 1999, the Greater Renton Chamber of Commerce received Hotel/Motel Tax revenues for promotion of tourism-related activities in Renton. The Renton Lodging Association was born out of this effort and is now known as Renton Visitors Connection. As a committee of the Chamber of Commerce, its membership is made up of 10 Renton hotels. By partnering together and pooling resources through this promotional effort, they have been able to enjoy additional successes. The Renton Lodging Association has put together successful promotional events by targeting IKEA shoppers who come to Renton from the Portland area, encouraging Eastern Washington residents coming over for Seattle Mariner and Seahawk games, and corporate representatives that book hotel rooms for their clients and employees. To date, the Renton Community Marketing Campaign and Renton Visitors Connection have been the only recipients of lodging tax revenues. This year, Renton Visitors Connection has submitted its annual tourism promotion plan and budget with a request for$125,000 and the Renton Community Marketing Campaign's request totals $85,000. However, for the first time, two additional funding requests have been made. The Renton IKEA Performing Arts Center is requesting a$15,000 contribution to underwrite its 2007/2008 performance schedule and the City of Renton's Community Services Department has made a one-time request of$5,000 to have the City's trails, recreation, and exercise opportunities featured in a South King County"Healthy Lifestyles"map that is being produced by the Seattle &King County Health Department. The Renton Lodging Tax Advisory Committee is scheduled to meet December 6th to consider these requests and make a recommendation for the Council's consideration. By policy, this Committee has limited its funding recommendation to an amount no greater than the previous year's lodging tax collections. In 2006, the City anticipates lodging tax revenues of approximately$210,000. However, the Lodging Tax fund (Fund 110) has an unallocated fund balance in excess of$200,000 that could be utilized to fund one-time activities. Conclusion: The City Council should consider the recommendations of the Lodging Tax Advisory Committee and allocate Lodging Tax revenues for 2007 tourism-related marketing activities accordingly. In the coming months, the Council will be asked to approve contracts with grantees based on allocated funds and their respective scopes of work. Attachments: Renton Community Marketing Campaign 2007 Action Plan Renton Visitors Connection 2007 Scope of Work Healthy Lifestyle request memorandum from Terry Higashiyama Request letter from Shana Pennington-Baird,IKEA Performing Arts Center cc: Jay Covington Michael Bailey RENTON MEAD Oh ] H Cr. R\ L• : The Renton Community Marketing Campaign The Renton Community Marketing Campaign is designed to help brand Renton and communicate the community's many positive attributes as a place to do business, work, visit, learn, shop, live, play and stay. The stakeholders, including the Greater Renton Chamber of Commerce, Renton Visitor's Connection, City of Renton, Renton School District, Renton Technical College and Valley Medical Center, launched the campaign in 1999 to: 1. Improve the image of Renton in the community and the region 2. Promote Renton as desirable location to do business, work, live, shop, and visit 3. Recruit quality companies to Renton to help diversity the employment base by supporting City economic development initiatives 4. Showcase Renton's stakeholders and their achievements 5. Creatively leverage and market Renton's assets and amenities A summary of the 2006 Community Marketing Campaign's success is presented at the end of this report. 2007 Marketing Campaign Goals 1. Build on the campaign's momentum and continue the buzz about Renton — keep targeted markets talking about Renton 2. Create positive attitudes about Renton in the local and regional markets 3. Tell the story about Renton to targeted markets outside of the Puget Sound region 2007 Marketing Campaign Objectives 1. Maintain the Renton brand: deliver the message and build the buzz in targeted local, regional, national and international markets DRAFT 2007 Renton Community Marketing Campaign 1 2. Tell the Renton story by showcasing the opportunity in Renton: "Renton is the center of opportunity in the Puget Sound Region where businesses and families thrive" 3. Build pride by current residents, workers and companies 4. Leverage stakeholder and community marketing resources 5. Support community economic development initiatives 6. Maintain strength of the stakeholders in the marketing campaign 2007 Marketing Campaign Strategies I. Campaign Focus: A. Use people to deliver"why Renton is the center of opportunity". Focus on the tangible reasons why Renton is the place to live, work and play. B. Connect business and economic development with the delivery of tangible community benefits (parks, police, and other services). C. Celebrate Renton's current success: showcase our current achievements and use these to create additional momentum. II. Use campaign tactics to reach targeted markets A. Tell the story to current Renton residents and workers: there is an incredible number of new residents and workers B. Reach Puget Sound area business opinion leaders and decision makers responsible for retention and recruitment C. Reach potential Renton residents and workers D. Tell the Renton story nationally and internationally through targeted tactics to reach business opinion leaders and decision makers III. Ensure frequency of messages to achieve desired campaign objectives A. Increase the buzz in targeted markets B. Increase frequency to maximize impact IV. Enroll community in marketing efforts to leverage campaign resources A. Continue to integrate the message of the campaign into all stakeholder communications and marketing mediums B. Leverage community marketing resources to extend overall budget ,4000 DRAFT 2007 Renton Community Marketing Campaign 2 2006 Marketing Tactics Campaign Theme Continue to use the theme of"Renton is the center of opportunity in the Puget Sound Region where businesses and families thrive." Advertising A cornerstone of the Community Marketing Campaign has been building and maintaining a buzz about Renton through various local and regional advertising mediums. The campaign has successful utilized radio, television, print, magazine, direct mail and other tactics to keep Renton top of mind with targeted audiences. Tactic I: Reach regional opinion leaders KUOW News Magazines with Drive time Focus 94.9 kvow:0r Flights: February— March: $10,000 October— November: $10,000 Nape II. Puget Sound Business Journal 6 weeks in the spring (1/2 page, full color ads) 6 weeks in the fall Budget: $30,000 Business 0$011! Journal fid...s,alsazs4e>.fryi IF Tactic II: Reach Renton residents and workers Renton Reporter This "did you know" discovery campaign would help stakeholders deliver key messages to Renton residents. The series of ads would run during the third and fourth quarters. Annual Budget; $4,000 (6 issues with 1/4 page, full color ads) 1 DRAFT 2007 Renton Community Marketing Campaign 3 E-Sales: Use technology to reach targeted audiences The City of Renton has a powerful information tool through its Cable Channel 21. The 2007 marketing campaign will tap this tool by: Creating a bi-monthly "RentonWorks" 30 minute cable television program. The program would highlight community development initiatives, stakeholder accomplishments and Renton businesses through a series of informative and dynamic segments. Video could also be used as a series of training tools to assist with the growth of small businesses through the Chamber and the Small Business Development Center. Links could also be included in e-alerts to commercial and residential brokers. The Footage could also be used for future television campaigns, DVDs and presentations. The program would also be available via a Podcast through the City and stakeholder's websites Budget: $30,000 for 5 programs and podcasts, including production II Renton E-Alert An a-alert to commercial and residential brokers, bankers and other opinion leaders. Features: top business deals, business stories about Renton, and case studies with companies that have chosen Renton Budget: $1,500 per issue - $6,000 (four issues) Public Relations: Telling the Renton Story Host Broker Breakfast or Luncheon Meetings Meetings would be hosted for area residential and commercial brokers to help tell the Renton story. The new DVD would be shown and fact sheets about the Renton market would be distributed. Budget: $3,000 (two meetings) II. Targeted Sponsorships The campaign will continue to create partnership programs with local and national organizations to .4--"". Te c hr a og position Renton and to promote its advantages. The campaign will again sponsor conferences, Alliance meetings and economic forums to keep Renton top of mind with area decision makers. Opportunities for sponsorships and partnerships include: Washington Technology Summit in April, the ULI Reality Check in November, DRAFT 2007 Renton Community Marketing Campaign 4 the Prosperity Partnership, and others. We will also pursue opportunities such as sponsoring a monthly luncheon meeting of the Commercial Real Estate Women ($877.50), and other broker membership meetings. Sponsorship programs must include opportunities such as recognition, role on programs, advertising and other criteria to be developed with stakeholders. Budget: $15,000 1111. Create a Speaker's Bureau The speaker's bureau would use the new DVD and market fact sheets to help tell the Renton story to the community. Opportunities include stakeholder boards, local service organizations and other groups. Budget: None required IV. DVD Promotion and Distribution The new Renton DVD is a powerful marketing tool and deserves wide- ' ' I spread distribution. Opportunities include playing the DVD in: hotel rooms; hospital waiting areas; Channel 21; and other areas. The DVD should t=ANI, also be featured on all stakeholder web sites. • Budget: None required National and International Opportunities The Greater Renton Chamber of Commerce will be making a trip to China in 2007 to further develop business opportunities. The campaign will translate the new Renton DVD and market fact sheets into Mandarin. Budget: $3,000 II. The City will be conducting a Sister City visit to Japan in 2007. To further develop business opportunities, the campaign will translate the new Renton DVD and market fact sheets into Japanese. Budget: $3,000 III. Banner advertising could be considered for websites utilized by commercial brokers. Opportunities include CityFeet.com and Seattle BizSpace. Budget: $5,000 DRAFT 2007 Renton Community Marketing Campaign 5 IV. Working with Enterprise Seattle, a list of prospective companies would be created in a targeted market, such as San Diego. The stakeholders would schedule a recruiting trip to the market to personally meet with the companies and encourage their relocation to Renton. The campaign would include targeted advertising (the local Wall Street Journal or a local business journal) in that market during the recruiting visit. Budget: $10,000 for the on-site visit $3,000 for advertising Maintain the Brand Integrate the Logo/Theme into Communications The Campaign will continue to encourage stakeholders to incorporate the Renton Ahead of the Curve logo and theme into as many advertising/communications vehicles as possible. This not only leverages resources, but also extends the brand into all aspects of the community. Budget: None required Support Business Retention and Recruitment Economic Strike Force with Key Stakeholders The campaign will mobilize stakeholders to assist with business recruitment and retention opportunities during the course of the year. This will be accomplished through the signing of joint letters, phone calls, personal visits and other means coordinated by the City's Economic Development, Neighborhoods and Strategic Planning Department. Budget: None required Campaign Communications Hamilton/Saunderson will facilitate and manage quarterly meetings of the stakeholders. These meetings would last approximately 3 hours. During the meeting, the stakeholders will review progress to date, evaluate budget expenditures and reallocate the marketing budget as required. In addition, they will facilitate a Stakeholder Marketing Retreat in October to plan the 2008 Community Marketing Campaign. Budget: $5,000 for stakeholder meetings $3,000 for graphic design $10,000 for photography DRAFT 2007 Renton Community Marketing Campaign 6 DRAFT 2007 Community Marketing Campaign Budget Summary Income Hotel/Motel Tax Funds $ 85,000 II. City of Renton $ 15,000 III. Renton School District $ 15,000 IV. Valley Medical Center $ 15,000 V. Renton Technical College $ 15,000 VI. Greater Renton Chamber of Commerce $ 5,000 err• Total: $ 150,000 Initiatives I. Advertising A. KUOW $ 20,000 B. Puget Sound Business Journal $ 30,000 C. Renton Reporter $ 4,000 II. E-Sales A. RentonWorks Cable Program/Podcast $ 30,000 B. Broker E-Alert $ 6,000 Ill. Public Relations A. Commercial/Residential Broker Meetings $ 3,000 B. Targeted Sponsorship $ 15,000 C. Speaker's Bureau None D. DVD Promotion and Distribution None �rr.r 7 DRAFT 2007 Renton Community Marketing Campaign IV. National and International Opportunities 4000 A. Translation of DVD into Mandarin $ 3,000 B. Translation of DVD into Japanese $ 4,000 C. Banner Advertising on Real Estate Web Sites $ 5,000 D. Recruitment Visit and Advertising $ 12,000 V. Additional Opportunities A. Integrate the Logo/Theme into Communications None B. Stakeholder Economic Strike Force None VI. Campaign Communications A. Stakeholder Meetings $ 5,000 B. Graphic Design $ 3,000 C. Photography $ 10,000 Total: $ 150,000 NIS DRAFT 2007 Renton Community Marketing Campaign 8 RENTON 2006 Community Marketing Initiatives Advertising A. Business Publications 1. Seattle Business Monthly—January, February, March, April 2. Puget Sound Business Journal — May, August, October(2), November (2) B. Radio 1. KIRO NewsRadio Tom Douglas Show(April —June) 2. KJAQ Radio (April— May) 3. KIRO NewsRadio (May—Seahawks moving to Renton) 4. KUOW (October— November) C. Direct Mail 1. E-Newsletter to area commercial real estate brokers with link to DVD 2. Letters to company human resource directors with link to DVD 3. Letters/calls to potential business recruitment prospects signed by all stakeholders II. Public Relations A. Renton Super Sonic T-Shirts on Sale! B. Renton Super Sonic Press Release and Media Mailing C. Community Speaker's Bureau Presentations to Stakeholders III. Campaign Collateral Material A. Renton —The Center of Opportunity DVD B. Renton Presentation Folders C. Renton Market Fact Sheets IV. Event Sponsorship A. Technology Summit B. Prosperity Partnership V. Quarterly Community Marketing Campaign Meetings Nampo DRAFT 2007 Renton Community Marketing Campaign 9 RENTON CHAMBER OF COMMERCE 2007 Renton Visitor's Connection Scope of Work The Renton Chamber of Commerce performs certain marketing functions to attract visitors to Renton and operates a Visitor's Center to accommodate visitor informational needs. The scope of work for the year 2007 includes but is not limited to: - GoRenton.com Web Site — Receives 63,000 hits a week from 50 states and 127 countries. The most frequently visited pages on the web site are: Live Web Camera, Play, Stay, Dine and Farmers Market. In 2007 there will be further improvements made to the site to attract greater interest. Budget $3,816. - Visitor's Guide — Is produced and distributed throughout the Pacific Northwest, featuring Businesses, Attractions, Activities, Events and general information about Renton to attract visitors. In 2007, 50,000 guides will be produced consisting of 32 pages and distributed in *41107 520 Certified locations throughout Washington and British Columbia. In addition, the Renton Visitors Guide will be in 5 locations at SEATAC Airport as well as the Seattle/King County Visitors Bureau. Budget $19,481. - Event Pocket Calendar—A folding Pocket Calendar is produced listing all of the events that would be of interest to visitors to Renton. It is designed to bring visitors back to Renton to experience events throughout the year. In 2007 30,000 pocket calendars will be produced and will be distributed in high traffic locations throughout Renton. Budget $3,300. - National Geographic Travel — Occurs in the West's Best section of the magazine to acquaint readers with and offer Renton as a hub for activities in the Seattle market. In 2007 there will be an ad in the Jan/Feb issue of National Geographic Travel Magazine distributed in the Western United States and a readers response feature nationally. Budget $3,535. - Newspaper Advertising — Is positioned to offer Renton as a convenient Seattle area travel destination and emphasizes events and activities. 1 • RENTON CHAMBER OF COMMERCE In 2007 there will be newspaper advertising Yakima, Spokane and the Puget Niew Sound Region. The ads will feature proximity to Seattle, events, destination retail, lodging, activities, attractions and dining and will run in April, May, June, July, August and November. Budget $26,853 plus $1,050 in print production. — Radio Advertising — Builds top-of-mind awareness about Renton as a hub location when visiting the Seattle area. In 2007, there will be radio spots in Vancouver BC, Spokane, Tri-Cities, Portland, Yakima and North Central Washington markets generating. Ads will run in April, June, July, August, September and November and will feature proximity to Seattle, events, destination retail, lodging, activities, attractions and dining. Budget $36,000. Visitor's center and Chamber fulfillment — The Chamber facility serves as a Visitor's Center and the staff performs functions to serve existing and potential visitors to Renton; plans, implements and manages the visitor's advertising and marketing programs; coordinates programs for the Visitor's Connection; and is the organizing and communication agency for lodging properties and other participating tourism businesses. Among the functions performed are: • Referring inquiries to businesses. ,,, • Greeting and serving walk-in visitors. • Maintaining and answering a toll free telephone number. • Printing promotional material. • Mailing information in response to requests. • Responding to publicity and media leads. • Distribution of advertising and promotional material. • Participating in regional and state tourism activities. • Maintenance of printed material on display to visitors. • Visitor's web site hosting and maintenance. • Design and placement of advertising. • Design, printing and distribution of Visitor's Guide and Event Pocket Calendar. • Visitor research. Fulfillment budget $29,320 Total 2007 budget $125,000. 2 RENTON CHAMBER OF COMMERCE RVC Budget 2007 dvertising I Magazine $3,535 Radio $36,000 Newspaper $26,503 Production $1,350 isitors Guide 50,000 $19,481 size 32 panel distribution locations 522 Pocket Calendar, 30,000 $3,300 EB $3,816 rade/events/promotion $1,345 Equipment/misc. $350 Chamber fulfillment Director $12,000 Misc. $1,000 Memberships $950 FAM activities $420 Publicity/Media $3,500 Postage $450 Printing $750 Receptionist/referrals $2,750 Toll free number $2,500 Chamber management $5,000 Total Budget $125,000 `Vrr� 3 ( Y 0 C.) � COMMUNITY SERVICES DEPARTMENT ♦ `� • ��N�o' . MEMORANDUM DATE: November 29, 2006 TO: Alex Pietsch, Eco omic Development Administrator FROM: Terry Higashiyam , Community Services Administration SUBJECT: Request for funding The City of Renton Community Services Department is combining efforts with the Cities of Tukwila, Kent, SeaTac, Burien, Newcastle and Seattle King County Health Department to provide a South King County map. The map would be distributed to chambers, hotels, motels and other local agencies to promote healthy lifestyles. This would give visitors a map to all trails, walkways, recreational and exercise opportunities. It will also show locations of golf courses, community centers, pools and parks. Farmers Markets would also be highlighted to encourage consumption of local produce and promote good nutrition to go along with healthy life choices. The cost to the City of Renton will be approximately$5,000. The maps will cost about $1 to produce. The City logo would go on the map and we would have final review of Niro, the material before printing is done. If you have any questions, please call me at X6606. Now c:\documents and settings\spilat\desktop\standardmemo.doc Renton I December 1,2006 PERFORMING ARTS CENTER Renton Lodging Tax Advisory Committee Dear Alex, Thank you for considering the Renton IKEA Performing Arts Center for possible funding from the Renton Lodging Tax. In the past three years,we have been able to track where our audiences are traveling from and which performances bring in the most tourists. While it's hard to track our rental events with the same accuracy as shows where we have box office reports,we have created a report based on estimates and surveys from our rental clients. In 2006-07,we have seen an increase of 400%in ticket sales;we are seeing more tourists coming from outside Washington State. At the Wailin'Jennys concert in November,we had patrons from California, Montana,Idaho,Canada,the Olympic Peninsula,and Oregon. The Renton IKEA Performing Arts Center is a shared facility with usage from the Renton School District,the City of Renton,and the community. Each year we need donations,grants,and contributions to continue the professional level of service we provide for all groups who use the space. Our budget is roughly $350,000 per year and 40%of our budget is contributed income—income we have to raise outside of ticket sales and rental income. We would like to request$15,000 from the Renton Lodging Tax. Report on tourism in Renton , Past three years(2003-2006) Renton attendance: 108,000 *does not include Renton School District events Puget Sound Communities less than two hours away: 86,000 Communities more than two hours away: 3500(rough numbers—with rental events it's hard to have solid numbers.) Total attendance in 2004: 47,000 Total attendance in 2005: 66,000 Total attendance in 2006: 84,500 From our website,www.ikeapac.org,we can track that we have had 1500 hits on About Area and 800 hits on the link for the Hotel Packages in Renton since our web site was launched in June 2006. We have had 77,000 hits on the site to date this year. Based on this year's audience roughly 50%of patrons are from Renton,30%or more are from communi- ties in Puget Sound,15%cannot be tracked,and 2-8%travel far enough to need a hotel. Sincerely, Shana Pennington-Baird Manager 400 South Second Street Renton,WA 98057 425.204.3454 425.204.3452 FAX www.ikeapac.org CITY OF RENTON COUNCIL AGENDA BILL AI#: /kiwi P Submitting Data: For Agenda of: Dept/Div/Board.. EDNSP December 11, 2006 Staff Contact Alex Pietsch (x 6592) Agenda Status Consent X Subject: Public Hearing.. Parking Garage Agreement for The Landing Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Parking Garage Agreement for The Landing Information Recommended Action: Approvals: Council concur. Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated 4460( Total Project Budget City Share Total Project SUMMARY OF ACTION: An agreement is necessary to establish terms and conditions for the City's purchase of a public parking garage associated with The Landing. The proposed purchase agreement ensures that the City purchase a public parking garage when and if sufficient retail activity is taking place at The Landing in order to support necessary debt service at a purchase price that is either at,but likely, well below the facility's actual cost. STAFF RECOMMENDATION: Approve an agreement with Transwestem Harvest Lakeshore LLC (THL) for the purchase of a public parking garage, and authorize the Mayor and City Clerk to sign the agreement. kiklare Rentonnet/agnbill/ bh �y_ ECONOMIC DEVELOPMENT, lureUti�, �� NEIGHBORHOODS, AND STRATEGIC ' .� 47) PLANNING DEPARTMENT MEMORANDUM DATE: December 4, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: �1 Kathy Keolker, Mayor FROM: Alex Pietsch, Administrator 1,,Ak SUBJECT: The Landing Parking Garage Purchase Agreement ISSUE: An agreement is necessary to establish terms and conditions for the City's purchase of a public parking garage associated with The Landing. Noise RECOMMENDATION: The Administration recommends that the City Council approve and authorize the Mayor to sign the Parking Garage Agreement for The Landing. BACKGROUND SUMMARY: In its 2003 Development Agreement with The Boeing Company, the City agreed to invest in infrastructure improvements to facilitate development of surplus property as long as 2/3rds of the tax revenue generated from the project would support debt service on bonds to fund the improvements (the "2/3rds rule"). Transwestern Harvest Lakeshore, L.L.0 ("THL") has purchased 46 acres of surplus Boeing property and is proceeding with plans to construct a mixed-use development that will include, at a minimum, 550,000 square feet of retail and 900 multi-family housing units. The City has begun construction of arterial road and utility improvements to support the development. Transwestern Harvest Lakeshore, L.L.0 (THL), the developer, is also requesting that the City use remaining debt capacity established under the 2/3rds rule to purchase a three- story 675-stall parking garage in The Landing. The City's purchase of the garage will make it a public facility, ensuring the availability of free short-term public parking to shoppers, diners, theater goers, and other visitors to The Landing, but also patrons of Gene Coulon Memorial Beach Park, which is just a short distance away and is %re underserved by parking in the summer months. h:\ednsp\council\issue papers-agenda bills-ctte reports\2006\landing parking garage agreement issue paper.doc l Randy Corman,Council President Page 2 of 3 December 4,2006 The Administration, with the assistance of outside legal counsel from Preston Gates & Ellis and THL, have been working for several months on the terms of a draft purchase agreement, the key conditions of which are: • THL agrees to sell the garage (and the underlying land) to the City for the lesser of actual cost or $12.5 million. The cost estimate for parking garage is $15.9 million. • The City will not actually purchase the garage until The Landing reaches 70% occupancy(including a Target store and a multi-screen cinema). At that time, the City pays THL $10.8 million. • If The Landing achieves 90% occupancy within the 36 months after the initial 70% occupancy threshold is achieved, the City pays THL an additional $1.7 million. • If, for some reason, the garage is not completed or if the 70% occupancy threshold is not achieved by December 31, 2010, the City has no further obligation to purchase the garage. • The garage will be operated and maintained by THL at no cost to the City. The terms of a Maintenance and Operating Agreement are in draft form and are to be attached to the Purchase Agreement as an exhibit. They will be finalized at the time of closing. • The City will have the opportunity to have an independent architect review the architectural and engineering plans for the garage prior to permit submittal. The Administration anticipates issuing taxable general obligation bonds at the time of closing to finance the purchase of the garage. Using conservative estimates, the Landing will generate sufficient annual revenue under the 2/3rds rule to cover the debt service on the road and utility infrastructure construction that is already underway, as well as the cost of new debt service for the garage at the negotiated price, even if it is only 70% occupied. CONCLUSION: The Landing will forever transform the City by creating a vibrant, urban village on this former Boeing industrial site. The establishment of a public parking garage in the development will allow a higher intensity project, with more retail and restaurant square footage and a more urban atmosphere. Additionally, it will help relieve a challenging parking situation at nearby Coulon Park. The City is obligated under the 2003 Development Agreement to invest a portion of anticipated tax revenues from redevelopment in public infrastructure that will support and enhance the development. Sufficient revenues remain under the 2/3rds rule to complete the road and utility infrastructure construction that is already underway and finance the purchase of a parking garage. The proposed purchase agreement ensures that the City will invest those funds by purchasing a public parking garage when and if sufficient retail activity is taking place H:\EDNSP\Council\Issue Papers-Agenda Bills-Ctte Reports\2006\Landing Parking Garage Agreement issue paper.doc Randy Corman,Council President Page 3 of 3 December 4,2006 at The Landing in order to support the necessary debt service at a purchase price that is either at, but likely, well below the facility's actual cost. cc: Jay Covington Michael Bailey Larry Warren ftisr H:\EDNSP\Council\lssue Papers-Agenda Bills-Ctte Reports\2006\Landing Parking Garage Agreement issue paper.doc FINAL DRAFT 12/01/2006 PARKING GARAGE AGREEMENT FOR THE LANDING THIS PARKING GARAGE AGREEMENT ("Agreement") is made and entered into as of this day of , 2006 ("Effective Date"), by and between the CITY OF RENTON, a municipal corporation organized and existing under the laws of the State of Washington ("the City"), and TRANSWESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company ("THL"), pursuant to RCW 36.70B.170 et seq. and other laws of the State of Washington. RECITALS A. THL is the owner of that certain real property comprising 38 acres, more or less, located within the municipal boundaries of the City in King County, Washington, and legally described on Exhibit A attached hereto ("the THL Property"). B. City is the owner of certain real property comprising 53 acres of land and water area at the southeast corner of Lake Washington, located within the municipal boundaries of the City in King County, Washington, and legally described on Exhibit B attached hereto which has been improved as the Gene L. Coulon Memorial Beach Park, ("Coulon Park"). Coulon Park is within walking distance of the THL Property. C. THL intends to develop the THL Property as Phase I of a mixed-use retail/commercial and residential development known as "The Landing". D. As part of its development plans for The Landing, THL intends to construct a three-story parking structure, containing approximately 675 vehicle parking stalls (the "Garage Improvements"), on the portion of the THL Property more particularly described on Exhibit C attached hereto (the "Garage Land"). E. The proposed redevelopment will increase pedestrian activity in the City, create additional jobs, promote more intense development within the City's regionally designated urban growth center thereby furthering the goals of the City Comprehensive Plan and the State Growth Management Act, and will expand and diversify the City's tax base. The provision of safe, convenient, accessible and attractive public parking on the Garage Land which is near Coulon Park will: (i) increase retail activity in the City, (ii)preserve valuable open space and waterfront area at Coulon Park for recreational use and provide additional access to the park and waterfront by City residents, (iii) indirectly improve public safety, (iv) prevent traffic congestion, and (v) improve vehicular access and circulation within the City, and is a traditional and well recognized public purpose. F. The City is willing to agree to purchase the Garage Land and the Garage Improvements from THL, and THL is willing to agree to sell the Garage Land and the Garage Improvements to City, on the terms and conditions contained herein. The parties accordingly „ wish to establish herein the terms and conditions of the purchase and sale of the Garage Land and the Garage Improvements from THL to the City, such Garage Land and Garage Now Improvements to be owned thereafter by the City and operated as a public parking garage serving The Landing and its environs, including Coulon Park. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, as well as other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby covenant and agree as follows. AGREEMENT 1. Purchase and Sale. 1.1 Subject to the terms and conditions hereinafter set forth, THL shall sell to City and City shall purchase from THL (i)the Garage Land, being more particularly described on Exhibit C attached hereto and to be more particularly described by the Boundary Survey (as defined in Section 2.2), (ii) the Garage Improvements to be constructed on the Garage Land as contemplated by this Agreement; (iii)to the extent necessary, non-exclusive access and utility easements over, across and under the portions of the THL Property described on Exhibit D attached hereto and made a part hereof which are necessary to provide access and utility services to the Garage Land (the "Easements") and (iv) all rights and appurtenances pertaining to the Garage Land (items (i) - (iv) collectively the "Garage Property") at a price and on the terms and conditions set forth in this Agreement. At such time as the Boundary Survey is prepared and approved by THL and City, the metes and bounds legal description of the Garage Land therein shall be appended to this Agreement as Exhibit C. 1.2 The purchase price for the Garage Property shall be Twelve Million Five Hundred Thousand Dollars ($12,500,000). 1.3 Payment of Purchase Price. The Purchase Price shall be payable in immediately available funds at the Closing. If, on the Closing Date, the Additional Occupancy Requirement (as defined in Section 6.2) has not yet been satisfied, but THL has satisfied all the other terms and conditions which are a condition precedent to Closing, the parties shall proceed to close the purchase of the Garage Property; however, the City shall pay the sum of Ten Million Eight Hundred Thousand Dollars ($10,800,000) at Closing and the City shall holdback the remaining One Million Seven Hundred Thousand Dollars ($1,700,000)(the "Holdback Funds") until the Additional Occupancy Requirement set forth in Section 6.2 has been satisfied. Within sixty(60) days following City's receipt of a certified rent roll or other documentation reasonably satisfactory to City establishing that the Additional Occupancy Requirement has been satisfied, the City shall deposit the Holdback Funds with the Escrow Agent (as hereinafter defined) for disbursement in accordance with the requirements of Section 8.6 of this Agreement. In the event the Additional Occupancy Requirement has not been satisfied within thirty-six (36) months following the Closing Date, the City's obligation to disburse the Holdback Funds shall automatically terminate. Nome -2- P:\DRS\DRS317 12/03/06 2. Title and Survey; Review and Condition of Title. 2.1 Within ten (10) business days following the Effective Date, THL shall, at THL's sole cost and expense, cause to be issued to City an ALTA Commitment for Title Insurance (the "Title Commitment") issued by First American Title Insurance Company(attention: Jean Couch) (the "Title Company"), describing the Garage Land, and all easements benefiting the Garage Land, specifying City as the prospective named insured, showing the Purchase Price as the prospective policy amount, showing the status of title of the Garage Land and all exceptions (including, but not limited to, easements, restrictions, rights-of-way, covenants, reservations, encumbrances, liens and other conditions, if any, affecting the Garage Land) which would appear in an ALTA extended coverage Owner Policy of Title Insurance (form B 10/17/70 with 1984 amendments), when issued, together with true, correct and legible copies of all items and documents referred to therein (the "Exception Documents"). 2.2 On or before ten(10) business days after the Effective Date, THL, at THL's sole cost and expense, shall deliver all surveys and legal descriptions available and in THL's possession or control to City. On or before sixty(60) days after the Effective Date, THL, at THL's expense, shall cause to be prepared a boundary survey of the Garage Land which meets ALTA/ACSM Standards, prepared by WH Pacific, Inc., a surveyor duly licensed by the State of Washington ("Surveyor") (the "Boundary Survey"). The Boundary Survey shall be currently dated and shall be certified in favor of THL, the City and the Title Company. Any and all recorded matters shown on the Boundary Survey shall be legibly identified by appropriate volume and page recording references with dates of recording noted and the Boundary Survey shall show the location of all adjoining streets, roads, highways or alleys and the location of any curb cuts accessing such streets, roads, highways or alleys. ,4001 2.2.1 Initial Title Review. City shall have a period of twenty(20) business days from the receipt of the last of the Title Commitment, Exception Documents and Boundary Survey within which to review the Title Commitment and the Boundary Survey, and notify THL of its approval or disapproval of matters affecting title to the Garage Land disclosed by the Title Commitment or the Boundary Survey(the "Review Period"). Failure to deliver such notice prior to expiration of the Review Period shall constitute City's approval of all special exceptions to title set forth in Schedule B Part II to the Title Commitment or matters affecting title disclosed by the Boundary Survey. All general exemptions and all monetary liens and encumbrances other than non-delinquent ad valorem property taxes will be deemed disapproved and THL shall cause all such monetary liens and encumbrances to be fully satisfied, released and discharged of record on or prior to the Closing Date without the necessity of City's objection. THL acknowledges that City has objected to the Operation and Easement Agreement between Target Corporation ("Target") and THL as an exception affecting title to the Garage Land. THL and City further acknowledge and agree that the OEA Amendment as more particularly described in Section 4.2 and Section 9 this Agreement shall be an express condition precedent to City's obligation to purchase the Garage Property. Except as otherwise expressly provided herein, City's disapproval of any exception shall be limited to matters which adversely affect access to, construction of, or use, operation, management or value of the Garage Improvements or would interfere with the rights of the City and members of the public to use the Garage Property as a public parking garage. Additionally, City shall not be entitled to disapprove any exceptions created by or on the account of City. Exceptions deemed approved pursuant to this Section 2.2.1 -3- P:1DRS\DRS317 12/03/06 or not disapproved by City within the time period set forth above shall be "Permitted Exceptions". 2.2.2 THL shall have five (5) days after receipt of City's title objection letter in which to notify City in writing whether or not it elects to cure or remove any of the disapproved exceptions of which THL received timely notice pursuant to Section 2.2.1 above. THL's failure to so notify City shall constitute THL's election to remove all such exceptions. THL shall provide City with reasonable assurances that it will remove all such exceptions and shall remove all such exceptions on or before the Closing Date set forth in Section 8. 2.2.3 If THL does not elect to remove all exceptions disapproved by City, City may elect to terminate this Agreement by written notice to THL given within five (5) days following THL's notice in which event this Agreement shall automatically terminate and except as otherwise expressly provided herein, neither party hereto shall have any further rights or obligations under this Agreement. 2.3 New Exceptions to Title; City Approval. Once the Permitted Exceptions have been determined, THL shall not enter into any new agreement, easement, restriction, condition, covenant, right-of-way, lease, license or other matter affecting title or create any lien or encumbrance except for monetary liens or encumbrances which will be released on the Closing Date (collectively, "Intervening Lien") which will affect the Garage Property without the prior written consent of City which consent shall not be unreasonably withheld so long as such Intervening Lien will not adverse affect access to, construction of, or use, operation, management or value of, or interfere with the rights of City and members of the public to use, the Garage Property as a public parking garage. 2.4 Title Not Insurable. If title is not insurable subject only to the Permitted Exceptions determined in accordance with this Agreement, City may elect to proceed with the Closing despite such noninsurability without reduction in the Purchase Price and thereby accepting any such matters as Permitted Exceptions or City may terminate this Agreement by written notice to THL in which event this Agreement shall automatically terminate, and except as otherwise expressly provided herein, neither party hereto shall have any further rights or obligations under this Agreement. 2.5 Updated Title Commitment and Survey. Upon Substantial Completion of the Garage Improvements (as hereinafter defined), THL shall cause the Title Company to deliver an update to the Title Commitment, together with copies of any exceptions identified in any update that were not set forth in the original Title Commitment to City and THL. THL shall cause to be prepared an as-built survey of the Garage Property (including the Garage Improvements and Easements) which meets ALTA/ASCM Standards prepared by the Surveyor (the "As-Built Survey"). The As-Built Survey shall be currently dated, shall be certified in favor of THL, the City and the Title Company and shall be in a form sufficient to enable the Title Company to issue City an ALTA extended coverage form owner's policy of title insurance deleting all general exceptions and without the addition of any exceptions to the Title Commitment based on matters disclosed by the As-Built Survey. City agrees not to unreasonably withhold its consent to any new exceptions to title or the As-Built Survey so long as any such new exceptions will not adversely affect access to, use, operation, management or value of, or interfere with the rights of -4- P:\DRS\DRS317 12/03/06 City and members of the general public to use, the Garage Property as a public parking garage. City shall advise THL in writing within fifteen(15) days after receipt of the update to the City's Title Commitment and the As-Built Survey what additional exceptions to title, if any, will be accepted by City. THL shall remove all new exceptions properly objected to by City on or before Closing. 3. Garage Improvements, Construction and Completion. 3.1 Preliminary Design. THL, through its consultants, will design the Garage Improvements. 3.1.1 The Garage Improvements will consist of a three-story parking garage with approximately 675 vehicle parking stalls. 3.1.2 Attached hereto as Exhibit E and by this reference incorporated herein is a description of the Preliminary Site Plan (the "Conceptual Plan") for the improvements proposed for the THL Property (the "Project"), including the Garage Improvements, which Conceptual Plan has been approved by City and which set forth the basic Project elements, uses and preliminary design standards proposed for the THL Property. The Conceptual Plan constitutes of the initial Drawings and other documents illustrating the scale and relationship of the various Project components, including the preliminary site plan and proposed uses, initial rendering of various buildings and other improvements, entrances and exits to the Project, including pedestrian and vehicular access to the Garage Improvements, roads and interior circulation plan, on-site parking areas, preliminary elevations, proposed building materials, lighting, signage, landscaping, decorative paving, water features, schematic civil engineering plans and other ancillary improvements. As used herein "Drawings" includes all graphics and pictorial documents depicting the design, location and dimensions of the Project including plans, elevations, sections, details, proposed building materials and diagrams of the Project and the Garage Improvements. 3.1.3 As part of its construction of the Garage Improvements, THL will design and construct a utility room consisting of approximately square feet at a mutually acceptable location within the Garage Improvements for the installation, use, operation and maintenance of City-owned communications equipment, together with additional square feet of space on the highest level of the Garage Improvements at a mutually acceptable location designated by THL and approved by City for installation, operation and maintenance of City- owned transmission poles and antennae together with such additional space within the Garage Improvements and on the highest level of the Garage Improvements as the parties may mutually agree for the installation, operation and maintenance of wires, cables, conduits and pipes (the "Cabling Space") running between the utility room and the rooftop space together with the easements for the installation of ancillary electrical, telephone, data, fiber optic and other utilities necessary for the operation, maintenance and repair of the City's communications equipment (collectively, the "City Communication Equipment Space"). 3.2 Plans. On or before June 30, 2007, THL's consultants will prepare detailed construction plans and detailed specifications for the Garage Improvements consistent with the Conceptual Plan and Section 3.1.3 hereof(the "Plans"). The City will have forty-five (45) days -5- P:\DRS\DRS317 12/03/06 after receipt of the Plans to verify that the Plans are consistent with the Conceptual Plan and Section 3.1.3 hereof. City shall have the right to disapprove Plans which: (a) do not comply with all Requirements of Law; (b) do not comply with the Conceptual Plan and Section 3.1.3 hereof in all material respects; (c) materially change the configuration or layout of the parking stalls from the Conceptual Plan or reduce the capacity of the Garage Improvements below six hundred seventy five (675)parking stalls; or(d)propose changes in work or materials which would result in a material change in appearance or diminution in quality of the Garage Improvements. Within such 45 day period City shall notify THL in writing either that (i) the Plans are consistent in all material respects with the Conceptual Plan and Section 3.1.3 hereof, and are approved or (ii) the Plans are not consistent in all material respects with the Conceptual Plan and Section 3.1.3 hereof, stating with specificity the reasons therefore. If City timely notifies THL that the Plans are not consistent with the Conceptual Plan and Section 3.1.3 hereof THL shall cause the Plans to be revised and resubmitted to City for approval; provided City's period to respond to any re- submittal shall be ten(10)business days. Except as specifically provided below, City's failure to timely object to the Plans or any resubmittals thereof shall not be construed as an approval of the same. If City has not responded to the Plans within forty-five (45) days after City's receipt thereof, or within ten (10) business days of any resubmittals thereof, THL may deliver to City a second copy of such Plans or any resubmittals thereof required under this Agreement (which shall be marked to indicate it is a second copy and which shall state in bold type that failure to timely respond shall be deemed approval). If City has not responded to the second submittal within five (5) business days after receipt thereof, the Plans shall be deemed approved. If objections or comments are timely submitted in writing within the timeframe set forth in this subsection, THL shall either cause its consultants to amend or modify the Plans so as to respond to objections or comments made by City and resubmit the same for further review. The process 'tow. of resubmittal and review shall continue until all parties have approved the submittals. The Plans as approved or deemed approved by City herein are called the"Approved Plans". 3.3 Permits. THL shall file a substantially complete application for a building permit to construct the Garage Improvements within sixty (60) days following Approval or deemed Approval of the Plans and shall commence construction of the Garage Improvements within ninety(90) days following issuance of all permits and approvals necessary for construction of the Garage Improvements. 3.4 Construction. After issuance of a City building permit and other approvals required for construction, THL will cause its contractor to diligently and continuously prosecute construction of the Garage Improvements so as to achieve substantial completion of the Garage Improvements on or before December 31, 2008 in a good and workmanlike manner, free from defects in work and materials and in substantial accordance with the Approved Plans. The Garage Improvements shall be constructed in accordance with all Requirements of Law applicable to the Garage Property. THL shall require its contractor and the subcontractors of such contractor in connection with such contracts as may be let regarding the construction of the Garage Improvements to pay the prevailing wage to the workers, laborers and mechanics as may then be determined by the Washington State Department of Labor and Industries for the particular craft in the particular geographical area. 3.5 Revisions to Approved Plans. THL shall be entitled to make minor changes to the ,, Approved Plans without City's approval, but THL shall promptly notify City of such changes -6- P:ORS\DRS317 12/03/06 after they are made. "Minor changes" means changes that do not materially or significantly change the appearance or layout of the Garage Improvements and do not propose changes in work or materials which would result in a material diminution in quality of the Garage Improvements. All other changes to the Approved Plans (including any reduction in the number of parking stalls) shall be deemed "material revisions". No material revisions to the Approved Plans shall be made by THL without approval by City, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, City's approval shall not be required for revisions to the Approved Plans that are necessary for the structural integrity or safety of the Garage Improvements or for compliance with regulatory requirements (provided that THL shall provide notice of any such revisions to City). Within ten(10) business days after request for a material change has been received by City, City shall give THL written notice of its approval or disapproval thereof, specifying in the case of its disapproval its reason therefore. Except as otherwise provided herein, approval of such change shall not be unreasonably withheld, conditioned or delayed. The extent of City's approval rights with respect to any material change(s) shall be the same as would have applied to City's approval of the Plans in the first instance. If City fails to respond to the request for approval of such change within fifteen(15) business days after the receipt of such change, the same shall be deemed to have been disapproved by City. 3.6 Disclaimer; City Not Liable for Construction of Garage Improvements. Notwithstanding any provision of this Agreement to the contrary, City is under no obligation to, nor shall it construct or supervise the construction of the Garage Improvements. It is understood and agreed that City's rights to approve the Plans as provided in this Agreement is for the sole purpose of protecting its rights under this Agreement as prospective purchaser of the Garage Improvements and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design or any obligation on City to ensure that work or materials are in compliance with Requirements of Law, the Site Development Plan, the Approved Plans or any building requirement imposed by any governmental agency. City is under no obligation or duty and disclaims all responsibility to pay for the cost of construction of the Garage Improvements, the cost of which is and shall at all times remain the sole liability and responsibility of THL. Nothing contained in this Agreement shall be construed as the consent or request of City, express or implied, for the performance of any labor or services or for the furnishing of any materials or equipment for any construction, alteration, addition, repair or demolition of the Garage Property (or any part thereof). NOTICE IS HEREBY GIVEN THAT CITY WILL NOT BE LIABLE FOR ANY LABOR, SERVICES, MATERIALS OR EQUIPMENT FURNISHED, OR TO BE FURNISHED TO THL FOR CONSTRUCTION OF THE GARAGE IMPROVEMENTS OR ANYONE HOLDING AN INTEREST IN THE GARAGE PROPERTY (OR ANY PART THEREOF) THROUGH OR UNDER THL. 3.7 Payment of Garage Improvements Costs; Construction Liens. The cost of development and construction of the Garage Improvements, including, without limitation, any and all sales, business and occupation, employment, withholding and other taxes which may be payable in connection therewith, shall be paid by THL at its sole cost and expense. At or prior to the Closing Date, THL shall pay or cause to be paid any and all construction or other liens that may be filed against the Garage Improvements or the Garage Property in connection with labor, services, materials, supplies or equipment furnished or alleged to have been furnished to or upon the request of THL (collectively, "Construction Liens"). THL reserves the right to contest the -7- P:\DRS\DRS317 12/03/06 validity or amount of any such Construction Lien claims in good faith provided that THL shall within thirty(30) days after the filing of such Construction Lien, discharges said Lien of record Now or records a bond which complies with the requirements of RCW 60.04.161 eliminating such Lien as an encumbrance against the Garage Improvements or the Garage Property. 3.8 Substantial Completion of Garage Improvements. 3.8.1 Substantial Completion. "Substantial Completion" means that each of the following events shall have occurred with respect to the Garage Improvements: 3.8.1.1 Architect's and General Contractor's Certification. Architect and General Contractor have issued a "Certificate of Substantial Completion" AIA Document G704 stating that the work under the construction contract for the Garage Improvements is substantially complete in substantial accordance with Approved Plans and the Garage Improvements construction documents, as the same may have been modified and amended as provided herein. 3.8.1.2 Requirements of Law. The Garage Improvements have been substantially completed in accordance with the Requirement of Law and THL shall have received no notice of any violation of any Requirements of Law which have not been fully cured to the reasonable satisfaction of THL, City and the applicable governmental authority with jurisdiction over the Garage Improvements or the Garage Property. 3.8.1.3 Temporary Certificate of Occupancy. The City has issued a temporary certificate of occupancy for the Garage Improvements permitting its use as a parking garage. 3.8.1.4 Notice of Substantial Completion. THL shall give notice in writing to City at least thirty (30) days prior to the date upon which THL anticipates the Garage Improvements will be Substantially Complete. During the fifteen (15) day period after the delivery of the estimated completion notice, City and THL will inspect and review the Garage Improvements and City shall advise THL of work which must be completed ("Punch List Items") before the City will issue a final certificate of occupancy for the Garage Improvements. 3.8.1.5 Completion of Punch List Items. Following Substantial Completion of the Garage Improvements, THL shall cause all punch list items to be completed promptly in accordance with the Garage Improvements construction documents. 3.9 Final Completion of the Garage Improvements. Following Substantial Completion of the Garage Improvements, THL will cause its contractors to diligently and continuously prosecute construction of the Garage Improvements so as to achieve Final Completion of the Garage Improvements on of before June 30, 2009. THL shall give written notice to City at least thirty (30) days prior to the date upon which THL estimates the Garage Improvements shall have achieved Final Completion. "Final Completion"means that each of the following items shall have occurred with respect to the Garage Improvements: Nome -8- P:\DRS\DRS317 12/03/06 3.9.1 Certificate of Occupancy. City shall have issued a final unconditional certificate of occupancy for the Garage Improvements permitting the use and occupancy of the Nod Garage Improvements for parking purposes. 3.9.2 Punch List Items Completed. All Punch List Items have been completed to the reasonable satisfaction of THL and City. 3.9.3 Contractor's Certification. The general contractor and each major subcontractor involved in the construction of the Garage Improvements designated by City shall have issued its "Certificate of Substantial Completion" together with its Affidavit of Payment of Debts and Claims, AIA Forms 706 and 706A together with final waivers and releases of lien from the general contractor and such major subcontractors. 3.9.4 Construction Costs Paid. THL shall have submitted evidence reasonably satisfactory to City that all costs associated with the construction of the Garage Improvements have been paid in full. 3.9.5 No Construction Liens. The period for filing Construction Liens has expired, releases or discharges of Construction Liens in form and substance satisfactory to City have been obtained by THL from all contractors in accordance with the Garage Improvements construction documents, or THL is contesting the validity or amount of any such Construction Lien in good faith, provided that THL has posted a bond which satisfies the requirements of Section 3.7 of this Agreement and eliminated such Construction Lien(s) as encumbrance(s) against the Garage Improvements and the Garage Property. 3.9.6 Private Streets Completed. All private streets to be constructed by THL which provides vehicular access to and from the Garage Improvements and the public streets adjoining the Garage Property have been completed to the reasonable satisfaction of City and can be used by pedestrian and vehicular traffic. 3.9.7 Garage Operational. All signage and graphics required under the Garage Improvements construction documents have been installed, all security systems have been installed and are operational, the Garage Improvements are no longer in use as a construction staging area for the storage of construction materials, machinery and equipment or to provide temporary parking for construction workers' automobiles and equipment and the entire Garage Improvements are open to members of the general public for the parking of vehicles (the "Opening Date"). 3.10 Unavoidable Delay. The existence of Unavoidable Delay shall excuse contractors and THL for delays in achieving (a) Substantial Completion of the Garage Improvements on or before the Substantial Completion Date, or(b)Final Completion of the Garage Improvements on or before the Final Completion Date. For purposes of this Agreement, "Unavoidable Delay" means acts of God, war, acts of terrorism, strikes, riots and judicial and/or regulatory action by federal, state or local governmental agencies that enjoin or delay construction, completion, permitting and/or operation of the Garage Improvements on the Garage Land. -9- P;DRS\DRS317 12/03/06 4. Covenants, Conditions and Restrictions on Garage Property. New 4.1 OEA. THL and City acknowledge that THL's development of the Garage Improvement is intended to be a portion of the integrated multi-use Project. City acknowledges that the Garage Property and the THL Property is currently subject to an Operation and Easement Agreement between Target and THL (the "OEA") in substantially the form attached hereto as Exhibit F which was recorded in the real property records of King County, Washington under King County Recording No. 4.2 Amendment to OEA. The OEA shall be a Permitted Exception to title provided it is an express condition precedent to City's obligation to purchase the Garage Property that THL obtain an amendment to the OEA in form and substance reasonably satisfactory to City and THL which amendment shall specifically reference the Garage Property, exclude the Garage Property from the definition of the Common Area of the Shopping Center (as defined in the OEA) and shall exclude the Garage Property from the terms, covenants, conditions, obligations, restrictions and limitations set forth in the OEA which are otherwise applicable to the Shopping Center Common Area or the Developer Tract so long as the Garage Property is owned by a public entity and subject to the terms of the Management Agreement as defined in Section 7 hereof(the "OEA Amendment"). The OEA Amendment shall be recorded prior to the Closing Date. 5. Legal Lot. Prior to Closing, and at THL's sole cost and expense, THL shall cause the Garage Land to be established as a separate legal lot under state and local subdivision laws and as a separate tax lot for ad valorem tax purposes pursuant to a binding site plan, subdivision, lot line adjustment or similar land division (the "Land Division"). THL shall cause the applications for the Land Division to be prepared and submitted to City for review and reasonable approval prior to submission and following such approval by City, THL shall not change or amend such applications as they apply to the Garage Land and/or the means of ingress and egress to the Garage Land without City's prior written consent which shall not be unreasonably withheld, delayed or conditioned. THL agrees to process the Land Division diligently and in good faith, and shall use all commercially reasonable efforts to complete the Land Division. In the event the agencies with jurisdiction require any amendments or changes to the applications for the Land Division following the approval of such applications by City, THL shall so advise City in writing, which notice shall include a detailed description of the amendments or changes required by such agencies. City shall have a period of ten(10) business days from receipt of notice of and an explanation of the proposed amendments or changes to reasonably approve or disapprove the proposed amendments or changes. If City approves such amendments or changes, THL shall continue processing the Land Division with such amendments or changes as approved by City. 6. Occupancy Conditions. 6.1 Closing Occupancy Requirement. As a condition precedent to Closing and the obligation of City to purchase the Garage Property THL shall (a) construct not less than 550,000 square feet of gross leaseable area ("GLA") of shell retail improvements on the THL Property which shall include the GLA of improvements to be constructed by Target on a portion `fir -10- P:\DRS\DRS317 12/03/06 of Lot 3A of the Project ("Target Improvements") and (b) at least 70% of the GLA of any retail improvements actually constructed as part of the Project or a minimum of 385,000 square feet of GLA (which shall include the GLA of the Target Improvements) shall be leased to tenants who are in occupancy, open for business and paying rent, one of the occupants shall operate a multi- screen cinema(the"Cinema") containing not less than 45,000 square feet of GLA and in the case of the Target Improvements, be occupied by Target and open for business (the "Closing Occupancy Requirement"). For purposes of this Agreement, GLA shall mean the total square footage of floor space contained within buildings constructed on the THL Property designated for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, measured from the outer surface of exterior walls and windows and the center line of joint partitions. At such time as the Closing Occupancy Requirement is met, THL shall notify City in writing ("Closing Occupancy Notice") which Closing Occupancy Notice shall contain such information, supporting documentation and calculations as the City may reasonably request to establish that the Closing Occupancy Requirement has been satisfied. The City will have thirty(30) days after receipt of the Closing Occupancy Notice to verify that the Closing Occupancy Requirement has been satisfied. Within such thirty(30) day period City shall notify THL in writing either that (i) the Closing Occupancy Requirement has been satisfied or (ii) the Closing Occupancy Requirement has not been satisfied, stating with specificity the reasons therefore. 6.2 Additional Occupancy Requirement. As a condition precedent to the release to THL of the Holdback Funds (whether at or subsequent to Closing), 90% of the GLA of any retail improvements actually constructed as part of the Project but not less than 495,000 square feet of GLA (which shall include the Target Improvements and the Cinema) shall be leased to tenants who are in occupancy, open for business and paying rent and one of the occupants shall be ,41.1 operating a Cinema containing not less that 45,000 square feet of GLA and in the case of the Target Improvements, be occupied by Target and open for business (the "Additional Occupancy Requirement"). At such time as the Additional Occupancy Requirement is met, THL shall notify City in writing ("Additional Occupancy Notice") which Additional Occupancy Notice shall contain such information, supporting documentation and calculations as the City may reasonably request to establish that the Additional Occupancy Requirement has been satisfied. The City will have thirty(30) days after receipt of the Additional Occupancy Notice to verify that the Additional Occupancy Requirement has been satisfied. Within such thirty(30) day period City shall notify THL in writing either that (i) the Additional Occupancy Requirement has been satisfied or (ii) the Additional Occupancy Requirement has not been satisfied, stating with specificity the reasons therefore. In the event that the Additional Occupancy Requirement has not been satisfied within thirty-six (36) months following the Closing Date, the City's obligation to disburse the Holdback Funds shall automatically terminate. Within sixty (60) days following City's determination that the Additional Occupancy Requirement has been met, City shall deposit the Holdback Funds with Escrow Agent for disbursement in accordance with the requirements of Section 8.6 of this Agreement. 6.3 Mediation. Disputes between City and THL regarding the Closing Occupancy Requirement and/or the Additional Occupancy Requirement shall be subject to mediation under Section 14 hereof. ,4401 -11- P:\DRS\DRS317 12/03/06 7. Management Agreement. At Closing, THL and City shall enter into a Garage Improvements operation and management agreement in substantially the form attached hereto as Exhibit G (the "Management Agreement"). 8. Closing. 8.1 The closing ("Closing") of the transaction contemplated herein shall be held on the date which is sixty(60) days after the date on which the Closing Occupancy Requirement (as defined in Section 6.1) has been satisfied but in no event prior to Final Completion of the Garage Improvements or after December 31, 2010 (the "Outside Closing Date"). The Closing Date shall not be extended beyond the Outside Completion Date without the prior written consent of THL and City. The Closing shall be held at the office of the Title Company or at such other location as may be acceptable to both THL and City. The procedure to be followed by the parties in connection with the Closing shall be as follows: 8.1.1 At the Closing, THL shall cause to be delivered to the Title Company (sometimes herein referred to as the "Escrow Agent"), the following items in form and substance reasonably satisfactory to City and as a condition to City's obligation to close the transaction on the Closing Date: 8.1.1.1 a statutory warranty deed to the Garage Property (the "Deed"), duly executed and acknowledged, by THL, dated as of the Closing Date in the form attached hereto as Exhibit H subject only to the Permitted Exceptions; 8.1.1.2 an affidavit (the "Affidavit") regarding debts and liens, duly executed and acknowledged, by THL, and dated as of the Closing Date; 8.1.1.3 the Title Company's commitment to issue, promptly after Closing, an ALTA extended coverage form of owner's policy of title insurance; 8.1.1.4 an Affidavit, duly executed and acknowledged, by THL, required pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code") and/or regulations relating thereto; 8.1.1.5 possession of the Garage Property, subject only to the Permitted Exceptions; 8.1.1.6 an assignment, duly executed and acknowledged, by THL, of any and all warranties relating to the Garage Improvements; 8.1.1.7 the Real Estate Excise Tax Affidavit, duly executed and acknowledged, by THL; 8.1.1.8 the Management Agreement, duly executed and acknowledged, by THL; 8.1.1.9 the OEA Amendment duly executed and acknowledged by Target, THL and all other persons who then have an ownership or security interest on the Nome -12- P:\DRS\DRS317 12/03/06 Shopping Center as defined in the OEA (unless the OEA Amendment has been recorded prior to Closing); and 8.1.1.10 Documentation in a form reasonably satisfactory to City that prevailing wages as determined by the Washington State Department of Labor and Industries were paid to all workers, laborers and mechanics who preformed work or services in connection with construction of the Garage Improvements; and 8.1.1.11 A closing agreement (the "Closing Agreement") duly executed and acknowledged by THL confirming all respective rights and obligations of THL and City which are not fully satisfied at Closing, including, if applicable, provisions relating to the Additional Occupancy Requirement and Holdback Funds. 8.1.2 At the Closing, City shall cause to be delivered to the Title Company the following documents and instruments: 8.1.2.1 Funds payable to the Title Company representing the Purchase Price; 8.1.2.2 a counterpart of the Excise Tax Affidavit, duly executed and acknowledged by City; and 8.1.2.3 the Management Agreement, duly executed and acknowledged by City; and 8.1.2.4 the Closing Agreement, duly executed and acknowledged by %gal City. 8.1.3 At the Closing, THL and City shall cause to be delivered to the Title Company such other instruments and documents as may be reasonably necessary and appropriate in order to complete the Closing of the transactions contemplated hereunder. 8.2 Upon the completion of the deliveries specified in Section 8.1 above, the Title Company, as escrow agent, shall be authorized to cause the appropriate closing documents to be immediately recorded in the appropriate records of county in which the Garage Property is located, and shall deliver the balance of the proceeds from the sale, after deducting all expenses thereof chargeable to seller under this Agreement,to THL. 8.3 At Closing, THL shall furnish to City, an ALTA extended coverage form Owner Policy of Title Insurance in the full amount of the Purchase Price, wherein the Title Company shall insure that good and indefeasible title to the Garage Property is vested in City, subject only to the Permitted Exceptions and containing such endorsements as City may reasonably require provided same are available at commercially reasonable rates (the "Owner's Policy of Title Insurance"). 8.4 THL shall pay one-half(1/2) of the escrow fee payable to the Title Company and the cost of obtaining the Owner Policy of Title Insurance, the costs of any transfer taxes, documentary stamp tax or other assessments in connection with the transfer of the Property. City -13- P:\DRS\DRS317 12/03/06 shall pay one-half(1/2) of the escrow fee charged by Title Company and the cost to record the Deed. THL shall cause all monetary liens encumbering the Garage Property to be discharged Now using the Closing proceeds (or if such closing proceeds are insufficient, THL's own funds). Except as otherwise provided herein, all other escrow and closing costs shall be allocated to and paid by THL and City in accordance with the manner in which such costs are customarily borne by such parties in sales of similar property in the County where the Garage Property is located, on the Closing Date; provided, however, each party shall pay its own attorneys' fees. 8.5 Because City is exempt from property taxes, no proration of ad valorem property taxes is required; however THL shall be responsible for payment of all property taxes and all special assessments and local improvement district assessments, if any, which affect the Garage Property up to and including Closing. 8.6 Within sixty (60) days following the date that the City determines that THL has met the Additional Occupancy Requirement set forth in Section 6.2 and all of the conditions precedent to payment of the Holdback Funds under this Agreement have been met, the parties shall reopen the escrow and the parties shall deliver the following items to the Escrow Agent: 8.6.1 City shall deposit the Holdback Funds in cash or other immediately available funds. 8.6.2 THL shall execute and deliver an amendment to the real estate excise tax affidavit setting forth the revised Purchase Price (the sum of the initial Purchase Price and the Holdback Funds) and shall be responsible for payment of any additional real estate excise tax or other transfer taxes payable in connection with payment of the Holdback Funds. THL shall also cause the Title Company to issue an endorsement to the City's Owner's Policy of Title Insurance increasing the liability thereunder to reflect the revised Purchase Price and showing no additional liens, encumbrances or other exceptions except those shown in Schedule B, Part I of the original Owner's Policy of Title Insurance delivered to City at the original Closing. THL shall pay the cost of the endorsement increasing the amount of the liability under the Owner's Policy of Title Insurance and each party shall pay 1/2 the escrow fees of the Escrow Agent, if any. 9. Conditions for Closing. The obligations of THL and City under this Agreement are subject to the satisfaction of the following conditions on or prior to the Outside Closing Date: 9.1 the Garage Improvements shall have achieved Final Completion; 9.2 the Land Division shall have been completed; 9.3 the Closing Occupancy Requirement shall have been satisfied; 9.4 Confirmation that prevailing wages were paid on the construction of the Garage Improvements; 9.5 There shall have been no damage or destruction of the Garage Property or the Garage Improvements (or any such damage or destruction has been repaired to the condition required upon Final Completion of the Garage Improvements); -14- P:\DRS\DRS317 12/03/06 • 9.6 The City has obtained an appraisal of the Garage Property prepared by Bruce C. Allen or another appraiser mutually acceptable to the parties ("Appraiser") which establishes that the fair market value of the Garage Property is not less than the Purchase Price. The City shall provide the Appraiser with copies of the Title Commitment, Exception Documents and Boundary Survey (as more particularly described in Section 2), the Approved Plans for the Garage Improvements (as defined in Section 3 of this Agreement), the Garage CC&Rs and the Garage Management Agreement(as described in Section 4 of this Agreement). Upon request by City, THL shall provide the Appraiser with copies of its construction contract with the contractor engaged to construct the Garage Improvements and other information regarding costs incurred by THL to construct the Garage Improvements on the Garage Land. The parties agree that the income approach to determining fair market value of commercial real estate is not relevant in determining the fair market value of the Garage Improvements; however, the Appraiser may consider the actual construction cost or replacement cost of the Garage Improvements at the time of Closing in determining the fair market value of the Garage Property. The Appraiser shall provide both parties with a written report setting forth his determination of the fair market value of the Garage Property ("Appraisal") within sixty (60) days following receipt of the documentation regarding the Garage Land and the proposed Garage Improvements, which Appraisal shall not be dated more than six (6) months prior to the Closing Date. The City shall bear the cost of the Appraisal. In the event the Appraiser determines that the fair market value of the Garage Property following completion of the Garage Improvements is less than the Purchase Price, City shall have the right to terminate this Agreement by giving written notice to THL on or before ten (10) business days after receipt of the Appraisal. THL shall then have the right, by giving written notice to City on or before ten (10) business days after receipt of the termination notice to elect to accept the fair market value of the Garage Property as determined by the Appraisal in lieu of the Purchase Price whereupon this Agreement shall remain in full force and ..48100 effect, and THL shall sell the Garage Improvements to the City for the fair market value as determined by the Appraisal; and 9.7 The OEA Amendment has been duly executed, acknowledged and delivered by all persons with an ownership or security interest in the Shopping Center and the Title Company is irrevocably committed to issue the City the Owner's Policy of Title Insurance modifying the OEA as an exception to title affecting the Garage Property to reflect the OEA Amendment. The foregoing conditions contained in this Section 9 are intended solely for the benefit of City. If any of the foregoing conditions are not satisfied, City shall have the right at its sole discretion either to waive the condition in question and proceed with the purchase or, in the alternative, to terminate this Agreement upon written notice to THL, whereupon this Agreement shall terminate, and except as otherwise expressly provided herein neither party hereto shall have any further rights or obligations under this Agreement. 10. Insurance Requirements. Until Closing has occurred, THL shall at all times provide, maintain and keep in force or cause to be provided, maintained and kept in force, commercially reasonable property casualty and liability insurance coverages or such insurance requirements as may be required under the terms of any construction financing THL elects to obtain. 11. Damage or Condemnation. -15- P:\DRS\DRS317 12/03/06 11.1 Damage or Destruction. Risk of loss to the Garage Property or the Garage Improvement due to fire, flood or other casualty before the Closing, shall remain with THL. If Now before the Closing the Garage Property or any portion thereof shall be materially damaged, the City may terminate this Agreement by written notice to THL given within thirty (30) days after City received notice from THL or otherwise learns of the damage and except as otherwise expressly provided herein neither party hereto shall have any further rights or obligations under the Agreement. For purposes hereof the term "materially damaged" shall mean damage to the Garage Improvements which are reasonably estimated to cost in excess of$500,000 to repair or are reasonably estimated to require more than one hundred eighty(180) days to repair or such repairs cannot be completed prior to the Outside Completion Date. If the Closing Date is within the aforesaid thirty (30) day period, then Closing shall be extended to the next business day following the end of said thirty (30) day period to enable the City to make such election. If no such election is made, and in any event if the damage is not material, this Agreement shall remain in full force and effect and THL shall proceed to repair or restore the Garage Property in accordance with the Approved Plans and otherwise in accordance with the requirements of this Agreement, and Closing shall be extended until the repair and restoration has been completed and fully paid for. 11.2 Condemnation. If at any time before the Closing Date any material portion of the Garage Property is threatened with condemnation, or legal proceedings are commenced by a governmental agency with the power of eminent domain ("Condemnation Proceeding"), THL shall give City notice of the commencement of such proceedings and either party shall have the right, at its option, to terminate this Agreement by giving written notice to such effect to the other party no later than thirty (30) days after City's receipt of THL's written notice of the Condemnation Proceeding, and thereafter except as otherwise expressly provided herein, neither party hereto shall have any further rights or obligations under this Agreement. For purposes of this Agreement, a "material" taking shall mean a taking of all or any portion of the Garage Improvements or any right of access thereto. The Closing Date shall be extended as required to afford the parties such thirty (30) day period in which to elect to terminate this Agreement. If neither THL or City exercises its option to terminate this Agreement, this Agreement shall continue in effect, there shall be no reduction in the Purchase Price and THL shall proceed to repair or restore the Garage Property and the Garage Improvements in accordance with the Approved Plans and otherwise in accordance with the requirements of this Agreement, and the Closing shall be extended until the repair and restoration has been completed and fully paid for. If this Agreement is not terminated, THL shall not settle any condemnation claim or suit with respect to the Garage Property without the prior written consent of the City, which consent shall not be unreasonably withheld. If this Agreement is terminated and/or the Closing does not occur for any reason, any condemnation award or settlement shall belong to and be the property of THL, and City will promptly deliver to THL all pleadings, correspondence and other documents and data concerning such proceedings which City may then have in its possession or control. 12. Indemnification. 12.1 THL's Indemnification. THL shall protect, defend, indemnify, and hold City and its officers, officials, employees and agents, harmless from any and all claims, demands, suits, penalties, losses, damages, judgments, or costs of any kind whatever (hereinafter "claims"), arising out of or in any way resulting from THL's officers, employees, agents, contractors and/or *owe -16- P:\DRS\DRS317 12/03/06 subcontractors of all tiers, acts or omissions, performance or failure to perform this Agreement. THL's obligations under this Section 12 shall include, but not be limited to: 12.1.1 The duty to promptly accept tender of defense and provide defense to City at THL's own expense. 12.1.2 The duty to indemnify and defend City from any claim, demand and/or cause of action brought by or on behalf of any of THL's employees or agents. The foregoing duty is specifically and expressly intended to constitute a waiver of THL's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects City only, with a full and complete indemnity and defense of claims made by THL's employees or agents. The parties acknowledge that these provisions were mutually negotiated and agreed upon by them. 12.1.3 THL shall indemnify and defend City from and be liable for all damages and injury which shall be caused to owners of property on or in the vicinity of the construction of The Landing or the Garage Improvements or which shall occur to any person or persons or property whatever arising out of this Agreement, including, but not limited to, members of the general public who utilize any temporary parking area for parking purposes, whether or not such injury or damage is caused by negligence of the contractors or caused by the inherent nature of the construction of The Landing or the Garage Improvements. 12.1.4 In the event City incurs any judgment, award, and/or costs arising therefrom, including attorneys' fees, to enforce the provisions of this Section 12, all such fees, expenses, and costs shall be paid by THL. Notwithstanding the provisions contained in Subsection 12.1 above, THL's obligation to indemnify City shall not extend to any claim, demand or cause of action to the extent caused by the negligence of City or breach of this Agreement by City. 12.2 Notice of Claim. Any person making a claim for indemnification pursuant to this Section 12 (an "Indemnified Party") must give THL written notice of such claim (an "Indemnification Claim Notice") promptly after the Indemnified Party receives any written notice of any action, lawsuit, proceeding, investigation or other claim (a"proceeding") against or involving the Indemnified Party by a government entity or other third party, or otherwise discovers the liability, obligation or facts giving rise to such claim for indemnification; provided that the failure to notify or delay in notifying THL will not relieve THL of its obligations pursuant to this Section 12 except to the extent that THL's ability to defend against such claim is actually prejudiced thereby. Such notice shall contain a description of the claim and the nature and amount of such loss (to the extent that the nature and amount of such loss is known at such time). 13. Representations. 13.1 City's Representations. 13.1.1 City is a municipal corporation duly organized and validly existing under the laws of the State of Washington and has full legal right, power and authority to own its property and carry on its business as now being conducted. All corporate action on the part of -17-- P:\DRS\DRS317 12/03/06 City necessary for the authorization, execution, delivery and performance of this Agreement has been duly taken. City has full power and authority to enter into, execute and deliver this Agreement and to perform its obligations under this Agreement. 13.1.2 This Agreement when executed and delivered by City, and assuming it has been duly authorized, executed and delivered by THL, will be the legal, valid and binding agreement of City, enforceable in accordance with its terms, except to the extent that the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the rights of creditors generally, and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). 13.1.3 No consent, approval, permission, authorization, order or license of any person or any Governmental Body is necessary in connection with the execution, delivery and performance of this Agreement by City or any transaction contemplated hereby, except as may have already been obtained by City prior to the date of this Agreement. There is no provision in City's organizational documents which would be contravened by the execution and delivery of this Agreement or by the performance of any provision, condition, covenant or other term required to be performed by City under this Agreement. 13.2 THL Representations. 13.2.1 THL is a limited liability company duly organized and validly existing under the laws of the State of Delaware and qualified to do business in the State of Washington and has the power to own its property and carry on its business as now being conduced. All limited liability company action on the part of THL and all corporate or other action on the part of its managers and members necessary for the authorization, execution, delivery and performance of this Agreement has been duly taken. THL has full power and authority to enter into, execute and deliver this Agreement and to perform its obligations under this Agreement. 13.2.2 This Agreement when executed and delivered by THL, and assuming it has been duly authorized, executed and delivered by City, will be the legal, valid and binding agreement of THL, enforceable in accordance with its terms, except to the extent that the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws, affecting the rights of creditors generally, and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). 13.2.3 No consent, approval, permission, authorization, order or license of any person or of any Governmental Body is necessary in connection with the execution, delivery and performance of this Agreement by THL or any transaction contemplated hereby (except for any approvals of any Governmental Body as contemplated in this Agreement including those related to the Land Division and construction of the Garage Improvements), except as may have already been obtained by THL prior to the date of this Agreement. There is no provision in THL's certificate of formation or limited liability company agreement nor any provision in the organizational documents of any member or manager of THL which would be contravened by the execution and delivery of this Agreement or by the performance of any provision, condition, covenant or other term required to be performed by THL under this Agreement. -18- P:\DRS\DRS317 12/03/06 13.2.4 Other than certain land use and administrative appeals filed by the Alliance for the South End ("ASE") and Brad Nicholson or as disclosed in the financial statements of THL delivered to City prior to the date of this Agreement there is no pending or `" threatened litigation, tax claim, action, dispute or other proceeding of any nature whatsoever affecting THL which could have a material adverse effect on the legal existence or powers of THL or its financial conditions or operations or have a material adverse effect on the ability of THL to perform its obligations under this Agreement and THL is not in default with respect to any Requirements of Law that might result in any such effect. 13.3 THL Representations Upon Final Completion of Garage Improvements. Upon Final Completion of the Garage Improvements, THL shall represent and warrant to City to the best of THL's knowledge, as follows: 13.3.1 The Garage Improvements have been completed with good workmanship and materials and in substantial accordance with the contract documents and at all times during the Warranty Period the Garage Improvements shall be free of defects in workmanship and materials in connection with the construction thereof 13.3.2 THL has no knowledge of any structural defects, latent defects or building systems defects within the Garage Improvements. 13.3.3 The Garage Improvements have been constructed in accordance with all Requirements of Law, all Permits and all insurance laws, regulations and requirements in effect at the time of construction of the Garage Improvements. 13.3.4 The Garage Improvements are served by water, storm and sanitary sewage facilities, telephone, electricity, fire protection and other required public utilities adequate to serve the Garage Improvements for its intended use as a public parking garage at the time of Final Completion of the Garage Improvements. 13.3.5 The general contractor, architect and all contractors, suppliers, materialmen and consultants have been paid in full for work related to construction of the Garage Improvements and there are no liens, encumbrances or other defects affecting title to the Property which has been or will be filed against the Garage Property and/or the Garage Improvements with respect thereto. 13.3.6 THL is not aware of any physical defect in the Garage Improvements which would prevent City and members of the general public from utilizing the Garage Improvements for parking purposes. 13.3.7 Except as disclosed in writing to City, there are no condemnation, environmental, zoning or other land use regulation proceedings currently instituted which could detrimentally affect the use and operation of the Garage Improvements for its intended purpose. If during the term of this Agreement any such proceedings have been instituted, THL shall have used its best efforts and due diligence to resolve them prior to Substantial Completion. -19- P:\DRS\DRS317 12/03/06 13.3.8 There are no soils conditions adversely affecting the Garage Improvements. The Garage Improvements do not encroach onto adjoining land. The location of *owe the Garage Improvements does not violate any applicable setback requirements. 13.3.9 Except as disclosed in writing to the City, there is no litigation pending, or to the best knowledge of THL, threatened, with respect to the Garage Improvements for matters undertaken by THL under this Agreement. 13.3.10 Except as disclosed in writing to the City, there are no Hazardous Substances located in, on, under or affecting the Garage Improvements or the Garage Property. There was no Release of Hazardous Substances or other violation of Environmental Laws during the course of construction of the Garage Improvements and no Hazardous Substances were incorporated into the structure of the Garage Improvements. 13.3.11 All permits necessary for the construction, use and occupancy of the Garage Improvements have been obtained and are in full force and effect. As used herein, "to the best of THL's knowledge" means the best knowledge of THL after exercise of due care and inquiry in keeping with the representations of THL hereunder concerning THL's obligations with respect to the Garage Improvements and involvement in preparation of Plans and construction of the Garage Improvements. 14. Termination, Default and Remedies. 14.1 Agreement to Mediate; Dispute Resolution Procedures. The City and THL will No"" each act in good faith and deal fairly in performing their respective obligations under this Agreement in order to accomplish their mutual objectives and avoid disputes. If a dispute arises with respect to a party's rights or obligations under Sections 3 and 6 of this Agreement, then the parties agree to utilize the dispute resolution process contained herein, which will be non-binding but will be a condition precedent to having said dispute decided in court by a judge or jury. 14.1.1 Parties' Good Faith Obligation to Resolve Disputes. THL and City will proceed in good faith to resolve and such dispute as expeditiously as possible and will cooperate, so that the progress of the design, engineering, and construction of the Garage Improvements are not delayed. Such cooperation will include notice to the other party describing the dispute, affording the other party a reasonable opportunity to cure any alleged default or cause of the dispute, and thereafter meeting in order to attempt to resolve the dispute. If, however, the parties are unable to resolve the dispute within three (3) business days after the first meeting between them to resolve it, then either party may refer the dispute to the Mediator as provided below. 14.1.2 Use of Mediator. For any dispute which cannot be resolved by the parties, the mediator hereunder("Mediator") must be an experienced mediator familiar with the land use, design, engineering, and construction issues in dispute, who is mutually designated by the City and THL to resolve such dispute. The Mediator must act impartially and independently in considering the facts and conditions surrounding any dispute presented by the City and THL; provided, however, that the Mediator's recommendations concerning any such dispute are advisory only. The Mediator's recommendations must be based on the pertinent provisions of -20- P:\DRS\DRS317 12/03/06 • this Agreement and the facts and circumstances involved in the dispute. The Mediator's recommendations must be furnished in writing to the parties. 14.1.3 Duty to Furnish Documents to Mediator. The City and THL, as appropriate shall furnish the Mediator to the extent applicable with one copy of this Agreement, the Conceptual Plan, the Plans, the Approved Plans, contract documents, interpretative reports, progress schedule and updates, monthly progress reports, and any other documents or correspondence pertinent to the dispute, and necessary to the performance of the Mediator's duties hereunder. 14.1.4 Mediator's Fees to Be Paid Equally. The fees charged by the Mediator will be split equally between City and THL, and each party will promptly pay its share to the Mediator. The Mediator's compensation will include compensation for all materials, supplies, travel, office assistance and support, and incidentals necessary to provide the services described herein. Payment for services rendered by the Mediator will be at the Mediator's standard hourly rate as approved by the City and THL prior to commencement of the dispute resolution proceeding. 14.1.5 Mediator Not an Employee. The Mediator, in the performance of any duties described herein, will act in the capacity of an independent agent and not as an employee of either the City or THL. The parties agree to absolve the Mediator from, and not to bring any claim or cause of action against the Mediator for, any personal or professional liability to the parties arising from the Mediator's recommendations made hereunder, unless due to the Mediator's gross negligence or willful malfeasance. 14.1.6 Remedies After Mediation. After the Mediator has issued a written decision on any dispute referred by the parties to the Mediator, unless THL and City agree in writing to be bound by the Mediator's decision, an aggrieved party may enforce its rights under this Agreement by bringing an action in court for declaratory judgment, injunctive relief, or any other remedy available at law or in equity. 14.1.7 Venue and Attorneys' Fees. Venue for any court action will lie exclusively in King County Superior Court, King County, Washington. Each party shall be responsible for payment of the legal fees of its counsel in the event of any litigation, mediation, arbitration or other proceeding brought to enforce or interpret or otherwise arising out of this Agreement. 14.2 City Default. In the event that City fails to purchase the Garage Property in accordance with the terms of this Agreement, and provided THL is not in default under this Agreement, THL may, as its sole and exclusive remedies, either (i) terminate this Agreement by giving written notice of termination to City or (ii) enforce specific performance of this Agreement. In no event shall City be liable to THL for any damages, including, without limitation, any actual, special or consequential damages. 14.3 THL Default. In the event THL fails to close the transaction contemplated hereby on or before the Closing Date for any reason other than the default by City, City may as its sole and exclusive remedies, either (i) terminate this Agreement by giving written notice of -21- P:\DRS\DRS317 12/03/06 termination to THL or (ii) enforce specific performance of this Agreement. In no event shall THL be liable to City for any damages, including, without limitation, any actual, special or ,lce consequential damages. 15. Assignment. 15.1 THL Assignment. THL may assign its rights and/or obligations under this Agreement including its obligation to operate, maintain and repair the Garage Improvements in accordance with the terms of the Management Agreement to an entity controlled or managed by THL or an entity under common control with THL or the principals of THL without restriction. THL may also collaterally assign its rights under this Agreement to any current or future mortgagee without restriction. THL and City acknowledge and agree THL may not assign its rights under this Agreement separate and independent of its obligations to manage the Garage Improvements following Closing pursuant to the Management Agreement and without the prior written consent of the City which consent shall not be unreasonably, withheld, conditioned or delayed. In determining whether to consent to any proposed assignment of THL's rights under this Agreement and the Management Agreement, City shall consider only the following: (i) the experience and business reputation of the proposed assignee in the construction, leasing, operation and management of first-class suburban regional shopping centers; (ii) the experience and qualifications of the proposed assignee in operating multi-level parking garages in first-class suburban regional shopping centers comparable to the Project, (iii) the net worth, financial strength and credit record of the proposed assignee, and (iv) if the proposed assignee does not meet the qualification standards under (i) and/or (ii) above, the experience and qualifications of any property management company retained by the proposed assignee to manage the Project. THL shall provide City with written notice at least thirty(30) days before the proposed effective date of any assignment which notice shall include sufficient information on the identity, ownership, qualifications, experience and financial capability of the proposed assignee and/or property management company to enable City to determine whether the assignee meets the foregoing qualifications. THL shall provide such additional information as City may reasonably request. City shall notify THL whether it approves the proposed assignee within thirty(30) days following City's receipt of the requested documentation. Any consent shall be limited to the assignee identified in the proposed assignment notice, and shall not constitute a waiver of the City's rights to consent to any further assignment of THL's rights under this Agreement or delegation of its duties under the Management Agreement. 15.2 City Assignment. City may assign its rights and/or obligations under this Agreement whether voluntarily, involuntarily, by operation of law or otherwise to any city, county, governmental subdivision or agency, municipal corporation or other public entity with the prior written consent of THL which consent shall not be unreasonably withheld if any such assignee demonstrates that it has the financial resources (or credit rating comparable to the City) to purchase the Garage Property. City shall not assign its rights and/or obligations under this Agreement to any private person without THL's prior written consent, which consent shall be in THL's sole and absolute discretion. 16. Brokerage Fees. Each party represents to the other that no broker has been involved in this transaction. In the event of a claim for any broker's fee, finder's fee, commission or other similar compensation in connection herewith THL, if such claim is based upon any agreement -22- P:\DRS\DRS317 12/03/06 alleged to have been made by THL, hereby agrees to indemnify City against and hold City harmless from any and all damages, liabilities, costs, expenses and losses (including, without limitation, reasonable attorneys' fees and costs) which City may sustain or incur by reason of such claim. City, if such claim is based upon any agreement alleged to have been made by City, hereby agrees to indemnify THL against and hold THL harmless from any and all damages, liabilities, costs, expenses and losses including, without limitation reasonable attorneys' fees and costs) which THL may sustain or incur by reason of such claim. The indemnification provisions set forth herein shall survive Closing or termination of this Agreement. 17. Miscellaneous Provisions. 17.1 Time of the Essence. Time is of the essence of this Agreement and of every provision hereof. 17.2 Entire Agreement. This Agreement is in addition to and in furtherance of the 2006 Agreement for Improvement to Public Infrastructure for The Landing, the 2003 Development Agreement and contains the entire agreement between the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein, the exhibits attached hereto. All capitalized terms not otherwise defined herein shall have the same meaning as set forth in the schedule to definitions annexed hereto as Schedule 1. 17.3 Amendment. Any amendment or modification of this Agreement will be in writing and executed by both parties. 17.4 Authority. The persons executing this Agreement on behalf of a party represent and warrant that they have the authority of such party to enter into this Agreement on the terms and conditions herein stated. 17.5 Exhibits Incorporated. The exhibits attached to this Agreement are incorporated herein by this reference as if fully set forth. 17.6 Recording. This Agreement will not be filed for recording by either party; 17.7 Severability. Each provision of this Agreement shall be considered severable, and if for any reason any provision that is not essential to the effectuation of the basic purposes of the Agreement is determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation or affect those provisions of this Agreement that are valid. 17.8 Interpretation. All parties were represented by counsel throughout the drafting and execution of this Agreement. The provisions of this Agreement will not be construed for or against any party. 17.9 Headings. The headings of the various sections and subsections of this Agreement are inserted for convenience only and will not be deemed to expand, limit, or otherwise affect its terms and conditions. -23- P:\DRS\0RS317 12/03/06 • 17.10 Governing Law. This Agreement will be construed under the laws of the State of Washington and venue of any action brought to enforce this Agreement shall lie exclusively in King County Superior Court. The parties hereto consent to the jurisdiction of the King County Superior Court and waive the right to file suit elsewhere. 17.11 No Continuing Waiver of Default. The waiver of any default under any provision of this Agreement does not constitute a waiver of any other default, whether of the same or of any other provision. 17.12 Notices. Any notice, demand, or request to a party required or permitted under this Agreement must be in writing, sent postage prepaid via U. S. mail, or hand-delivered, to the other party at the address set forth below (or at such other address and to such other recipient as will be designated by a party in a notice to the other parties). All such notices will, if mailed, be effective three (3) business days after deposit in an officially-designated U. S. mail receptacle, or, if hand-delivered, upon receipt. Notices will be given as follows: If to the City: Jay B. Covington, Chief Administrative Officer City of Renton Renton City Hall 1055 South Grady Way Renton, WA 98055 Itmov with a copy to: Lawrence J. Warren, Renton City Attorney Office of the City Attorney P.O. Box 626 Renton, WA 98057 If to THL: Transwestern Harvest Lakeshore, L.L.C. c/o Harvest Partners Attn: Tod Ruble 8214 Westchester Drive, Suite 650 Dallas, TX 75225 and Transwestern Harvest Lakeshore, L.L.C. c/o Transwestern Investment Co., LLC Attn: Dirk Degenaars, Managing Director 150 North Wacker Drive, Suite 800 Chicago, IL 60606 -24- P:\DRS\DRS317 12/03/06 with a copy to: Jerome L. Hillis Hillis Clark Martin&Peterson, P.S. 500 Galland Building 1221 Second Avenue Seattle, WA 98101-2925 with a copy to: E. John Justema 8214 Westchester, Suite 650 Dallas, TX 75225 17.13 Relationship of Parties. THL and City shall not be construed as joint venturers or general partners, and neither party shall have the power to bind or obligate the other party except as set forth in this Agreement. THL shall not have any right or authority, express or implied, to commit or otherwise obligate City in any manner whatever except to the extent specifically provided herein or specifically authorized in writing by City. City shall have no right or authority, express or implied, to commit or otherwise obligate THL in any manner whatever except to the extent specifically provided herein or specifically authorized in writing by THL. 17.14 No Third Party Rights. The provisions of this Agreement are intended solely for the benefit of, and may only be enforced by, the parties hereto and their respective successors and permitted assigns. None of the rights or obligations of the parties herein set forth (or implied) is intended to confer any claim, cause of action, remedy, defense, legal justification, indemnity, contribution claim, set-off, or other right, whatsoever upon or otherwise inure to the benefit of any contractor, architect, consultant, subcontractor, worker, supplier, mechanic, architect, insurer, surety, tenant, member of the public, or other third parties having dealings with any of the parties hereto or involved, in any manner, in the Garage Property. 17.15 Non Waiver of Governmental Rights. Nothing contained in this Agreement shall require City to take any discretionary action relating to development of the improvements to be constructed on the Garage Property or as part of The Landing, including, but not limited to, zoning and land use decisions, permitting, design review or any other governmental approvals but nothing herein is intended nor shall be construed to alter the obligations of City under any existing agreement including those referenced in Section 17.2. 17.16 Further Assurance. Each party hereto agrees that it will execute or furnish such documents and further assurances to the other or to proper authorities as may be necessary for the full implementation and consummation of this Agreement and the transactions contemplated hereby. 17.17 Survival. Except as expressly provided in the Closing Agreement or any other Closing Document, all representations, warranties, covenants and agreements of the parties contained in this Agreement, or in any instrument or other writing provided for herein, shall survive the Closing and the recording of the Deed for a period of twenty-four(24) months. -25- P:\DRS\DRS317 12/03/06 17.18 Conflicts of Interests. No member, official or employee of City shall make any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. 17.19 Non-Liability of City Officials Employees, and Agents. No member, official, employee or agent of City shall be personally liable to THL, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to THL or such successor or on any obligation under the terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF RENTON By: Kathy Keolker, Mayor Attest: City Clerk Allow Approved as to Form: Lawrence J. Warren, City Attorney TRANSWESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company By: Tod A. Ruble, Member of The Executive Committee By: Dirk Degenaars, Member of The Executive Committee -26- P:\DRS\DRS317 12/03/06 STATE OF ss. COUNTY OF On this day personally appeared before me Tod A. Ruble, to me known to be a Member of the Executive Committee of Transwestern Harvest Lakeshore, L.L.C., that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such party, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 2006. Printed Name NOTARY PUBLIC in and for the State of ,residing at My Commission Expires STATE OF ss. COUNTY OF On this day personally appeared before me Dirk Degenaars, to me known to be a Member of the Executive Committee of Transwestern Harvest Lakeshore, L.L.C., that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such party, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 2006. Printed Name NOTARY PUBLIC in and for the State of ,residing at My Commission Expires STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Kathy Keolker is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of -27-- P:\DRS\DRS317 12/03/06 The City of Renton, a Washington municipal corporation to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated: Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) -28- P:\DRS\DRS317 12/03/06 SCHEDULE 1 DEFINITIONS ',Roe "Environmental Laws"mean all present and future federal, state or local laws, ordinances, codes, or decrees regulating, relating to or imposing liability or standards of conduct concerning environmental matters, including, but not limited to, matters related to air pollution, water pollution, noise control, Hazardous Substances, soil condition or industrial hygiene. Environmental Laws include, without limitation, the Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. Section 6901 et seq., Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601 et seq., Federal Hazardous Materials Transportation Control Act of 1980, 42 U.S.C. Section 1801 et seq., Federal Clean Air Act, 42 U.S.C. Section 7401 et seq., Federal Water Pollution Control Act, Federal Water Act of 1977, 93 U.S.C. Section 1251 et seq., Federal Insecticide, Fungicide and Rodenticide Act, Federal Pesticide Act of 1978, 7 U.S.C. Section 136 et seq., Federal Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq., Federal Safe Drinking Water Act, 42 U.S.C. Section 300f et seq., Washington Water Pollution Control Act, RCW Chapter 90.48, Washington Clean Air Act, RCW Chapter 70.94, Washington Solid Waste Management Recovery and Recycling Act, RCW Chapter 70.95, Washington Hazardous Waste Management Act, RCW Chapter 70.105, Washington Hazardous Waste Fees Act, RCW Chapter 70.95E, Washington Model Toxics Control Act, RCW Chapter 70.105D, Washington Nuclear Energy and Radiation Act, RCW Chapter 70.98, Washington Radioactive Waste Storage and Transportation Act, RCW Chapter 70.99, Washington Underground Petroleum Storage Tanks Act, RCW Chapter 70.148, and any regulations promulgated thereunder from time to time. "Hazardous Substances" means any hazardous, toxic, or dangerous waste, substance, materials, pollutant or contaminant, as defined in or regulated now or in the future by Environmental Laws, including, without limitation, any material, waste or substance which is asbestos, petroleum, polychlorinated biphenyls, flammable explosives, radioactive materials, lead or lead-based paint, radon gas, coal combustion byproducts, urea formaldehyde foam insulation, toxic mold, or other substances which are deemed dangerous or injurious to human health. "Release" shall mean releasing, spilling, leaking, pumping, pouring, flooding, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping, Hazardous Substances in or into the air, soil, surface water or ground water in, on, about or under the Garage Property. "Requirements of Law" means all requirements relating to land and building construction including, without limitation, planning, zoning, building, subdivision, health, environmental, air quality, fire safety, accessibility and other governmental approvals, permits licenses and/or certificates as may be necessary from time to time to comply with all applicable statutes, rules, orders, regulations, laws, ordinances and covenants, conditions and restrictions which apply to and/or affect the design, construction, existence, intended use, operation and/or occupancy of the Garage Property. ,4101 Schedule 1-1 P:\DRS\DRS317 12/03/06 EXHIBIT A *owe LEGAL DESCRIPTION OF THL PROPERTY (RECITAL A) LOTS 1, 3, AND 4 OF THE BOEING LAKESHORE LANDING BINDING SITE PLAN, RECORDING NO. 20041223000856, RECORDS OF KING COUNTY, WASHINGTON. Nifty A-1 P:\DRS\DRS317 12/03/06 EXHIBIT B ,4100 LEGAL DESCRIPTION—COULON PARK (RECITAL B) Tract 360, Lots 1 thru 22, inclusive, and Tract 361. Lots 1 thru 51, inclusive. C. D. Hillman's Lake Washington Garden of Eden, Division 5, as recorded in Volume 11 of Plats, Page 83. Records of King County Washington. TOGETHER WITH That portion of Tract 6, Court Commissioners Plat. Cause No. 156371, lying north of the south line of Section 5, Township 23 North, Range 5 East, W.M., King County, Washington. TOGETHER WITH Tract 5, Court Commissioners Plat, Cause No. 156371: LESS any lands lying below the mean high waterline of Lake Washington. All situate in Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington. '4.rr Ned B-1 P:\DRS\DRS317 12/03/06 EXHIBIT C GARAGE LAND C-1 P:\DRS\DRS317 12/03/06 EXHIBIT D EASEMENT AREAS D-1 P:\DRS\DRS317 12/03/06 EXHIBIT E CONCEPTUAL PLAN A copy of the Conceptual Plan for the Project dated April 21, 2006 prepared by Callison Architecture, Inc. is on file with the Director of Economic Development for the City, which Conceptual Plan is incorporated herein and made a part hereof by reference. E-1 P:\DRS\DRS317 12/03/06 EXHIBIT F OPERATION AND EASEMENT AGREEMENT F-1 P:\DRS\DRS317 12/03/06 EXHIBIT G 11"° GARAGE IMPROVEMENTS OPERATION AND MANAGEMENT AGREEMENT G-1 P:\DRS\DRS317 12/03/06 EXHIBIT H FORM OF DEED After Recording Return To: Office of the City Attorney P.O. Box 626 Renton, WA 98057 Attn: Lawrence J. Warren, Renton City Attorney STATUTORY WARRANTY DEED GRANTOR: TRANS WESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company GRANTEE: CITY OF RENTON, a Washington municipal corporation Legal Description: .,, esi Abbreviated Form: Additional legal on Exhibit A Assessor's Tax Parcel ID#: Reference No(s). of Related Document(s): THE GRANTOR, TRANSWESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company, for and in consideration of TEN DOLLARS ($10.00) in hand paid, conveys and warrants to CITY OF RENTON, a Washington municipal corporation, the following described real estate, situated in the County of King, State of Washington. See Exhibit A attached hereto. H-1 P:\DRS\DRS317 12/03/06 Subject to and excepting those matters listed in Exhibit B attached hereto and incorporated herein by this reference. Dated , 200 . TRANSWESTERN HARVEST LAKESHORE, L.L.C., a Delaware limited liability company By: Tod A. Ruble, Member of The Executive Committee By: Dirk Degenaars, Member of The Executive Committee STATE OF 1. ss. COUNTY OF On this day personally appeared before me Tod A. Ruble, to me known to be a Member of the Executive Committee of Transwestern Harvest Lakeshore, L.L.C., that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such party, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 2006. Printed Name NOTARY PUBLIC in and for the State of ,residing at My Commission Expires H-2 P.\DRS\DRS317 12/03/06 CITY OF RENTON COUNCIL AGENDA BILL Al#: Submitting Data: For Agenda of: 12/11/2006 Dept/Div/Board.. Hearing Examiner Staff Contact Fred J. Kaufinan, ext. 6515 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Magnussen Preliminary Plat Ordinance File No. LUA-06-053, ECF, PP Resolution Old Business Exhibits: New Business Hearing Examiner's Report and Recommendation Study Sessions Legal Description and Vicinity Map Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted Revenue Generated ittio Total Project Budget City Share Total Project SUMMARY OF ACTION: The hearing was held on October 10,2006. The Hearing Examiner's Report and Recommendation on the Magnussen Preliminary Plat was published on October 31, 2006. The appeal period ended on November 14, 2006. No appeals were filed. The Examiner recommends approval of the proposed preliminary plat 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 Magnussen Preliminary Plat with conditions as outlined in the Examiner's Report and Recommendation. 1111000 Rentonnet/agnbill/ bh October 31, 2006 OFFICE OF THE REARING EXAMINER CITY OF RENTON Minutes APPLICANT: Marc Rousso Seattle Redevelopment, LLC PO Box 2566 Renton, WA 98056 CONTACT: Eric LaBrie ESM Consulting Engineers 33915 1st Way S., Ste. 200 Federal Way,WA 98003 Magnussen Preliminary Plat File No.: LUA 06-053, ECF, PP LOCATION: Between Duvall Avenue NE and Field Avenue NE,just north of NE 2nd Street. SUMMARY OF REQUEST: Approval to subdivide 8.37 acres into 49 lots and 2 drainage tracts for the eventual construction of single-family detached homes. Nose SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on October 3,2006. 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 October 10, 2006 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, October 10,2006,at approximately 9:34 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Preliminary Plat Map application,proof of posting,proof of publication and Nome other documentation pertinent to this request. Exhibit No.3: Conceptual Drainage and Utility Plan Exhibit No. 4: Tree Plan and Preliminary Grading Magnussen Preliminary Plat File No.: LUA-06-053, ECF,PP October 31,2006 Page 2 Plan Exhibit No.5: Landscape Plan(Sheet One) Exhibit No.6: Landscape Plan(Sheet Two) Exhibit No. 7: Excerpt from title report—Road Exhibit No. 8: Zoning Map Reservation The hearing opened with a presentation of the staff report by Valerie Kinast, Senior Planner, Development Services,City of Renton, 1055 S Grady Way,Renton,Washington 98055. The site is located east of Duvall Avenue NE,north of NE 2"d Street. The site is zoned R-8 and the Comprehensive Plan designation is Residential Single-Family. The site consists of seven parcels for a total of 8.37 acres,there are five existing homes with accessory structures,all of them will be removed. The proposal for 49 lots arrives at a net density of 7.46 du/ac and is within the limits of the R-8 zone. All of the lots meet all dimension requirements of the R-8 zone. The lots offer enough room to meet front,rear and side yard setback requirements. The existing houses must be removed prior to recording the final plat. Access to the subdivision would be via a new road,NE 2°d Place that would extend from Duvall through the site and loop down as Field Avenue and connect to NE 2°d Street. An additional smaller looped road would extend north from NE 2nd Place to serve Lots 5—20. Street frontage improvements would be required along Duvall,NE 2nd Street and Field Avenue NE. A number of the lots will be served via access easements. Nrisie A Homeowner's Association or Maintenance Agreement should be established to ensure maintenance of access easements and surface water facilities. Regarding the road reservations,one section along the east side of the lot is a right-of-way and the applicant has applied for a vacation of that,it should be approved by Council in October. The rest is reserved,the City had a right to use it as a right-of-way but never did. Property Services has stated that a statement would be placed on the face of the plat releasing that right to ever have it built out. There are offsite wetlands to the east and was categorized as a Category 2,but that has changed due to a drainage pond that was put in by King County, it now meets the criteria of a Category 3 wetland with a 25-foot buffer which does not reach to this site. There is a stream along the east property line, it is a Class 4 stream, which required a 35-foot buffer,code does allow that the buffer can be reduced to 25-feet by meeting certain criteria. The site is fairly flat,most of it is landscaped with some areas of natural vegetation. A revised tree retention plan has been required. 25%of the trees must be retained and/or replaced. The landscape plan shows two trees on the street frontages,however the plan does not show 2 trees on lots without frontage. The code does require trees on each lot,the plan must be revised to add trees to interior lots. The landscaping along Duvall needs to be increased to 10-feet and 5-feet along NE 2°d Street and Field. Landscaping has been proposed around the drainage tracts as well,grass for the interior of the tracts. To meet code, landscaping must incorporate the entire tract,not just the interior. Magnussen Preliminary Plat File No.: LUA-06-053, ECF, PP October 31, 2006 Page 3 Now The Environmental Review Committee issued a Determination of Non-Significance—Mitigated with nine mitigation measures. No appeals were filed. Fire,Traffic and Parks Mitigation Fees have been imposed on this plat. Two detention ponds have been proposed by the applicant,one near the center and one in the southeastern corner of the site. The ponds would drain into Field Avenue NE into the existing stormwater system. The detention ponds should be fenced with 6-foot wood fencing and the fences should be set back from the edge of the sidewalk in order to accommodate the landscaping. Water for the site would be supplied by Renton and Water District 90. A water availability certificate has been submitted, Water District 90 stated that the water mains would need to be extended. A dedication of right-of- way needs to be made along 2"d Avenue, Field Avenue and the new streets. Sewer service would be provided by the City of Renton, there are sewer mains in Duvall and in NE 2"d Street, it will need to be extended along NE 2"d and through the site. James Jaeger,Jaeger Engineering, 9419 S 204th Place, Kent, WA 98031 stated that he represents J&M Development for this plat. They have reviewed the conditions in the staff report and are in basic agreements with them. He would like to see the dedication of 15-feet along NE 2°d, on the plans they are showing 12-feet. Currently there is 35-feet of dedication as a result of the Laurelhurst Division II. They have constructed a half street, in order to complete that street, they would have to add an additional 4-feet of pavement and a 5-foot sidewalk. That required 9 feet and they are showing 12-feet for that area. He would like to see the conditions �yrr conform to what is on the plans. Setbacks from easement and private roads affect Lots 35, 36, 37,and 38. So those four lost were re-oriented to actually come off the private road, changed from a joint driveway to a private road with 20-feet of pavement in 26 feet. Field Avenue is not yet developed, it will connect with NE 2nd Street, which is built up to Laurelhurst Division II. Field will be constructed and be a 90 degree turn onto NE 2°d Street when completed. Susan Rider, 1835 NE 20th Street, Renton, WA 98059 stated that she was concerned about the wetlands and now drainage tracts are being placed in the area. If the water is impounded to the drainage tract,what effect wills that have on the outer edges of the wetland. Will the wetland be further degraded by the impoundment of the water that used to go into them? Juliana Fries, Development Services stated that the 10-foot landscape along Duvall is due to not having sufficient right-of-way for the width of the landscape requirement and at the time of recording there was a permanent easement along the required additional footage. In order for the roads to align and meet up, a minimum of 12 feet is needed even though there is currently 28 feet of pavement, in this area there will most likely be 35-36 feet of pavement in order to match the curb and gutter coming into it. The modification is for internal streets to be reduced from 50-feet to 42 feet. She was not aware that it had been granted to NE 2"d Street. South of Field is an undeveloped right-of-way and it seems very unlikely that it will ever be developed,therefore, there is no alignment to be maintained. Regarding the private roads, code requires that no more than two non-abutting lots access out of a private driveway, so this could be a private driveway, it does not have to be a private road. Access to Lots 34-39 would require a private road. Magnussen Preliminary Plat File No.: LUA-06-053, ECF,PP October 31,2006 Page 4 The whole site slopes from the east to the southwest, so this site does not contribute any water to the offsite wetland. The wetland to the west was filled and removed. Mr.Jaeger stated that the wetland to the east is fed from a stream that comes across NE 4th and has a substantial drainage basin north of NE 4th. It enters this wetland and continues along the Class 4 stream that resembles a ditch along the east property line and into the Colony Park subdivision southeast of the site. There was some flooding in that subdivision and in order to rectify that,the County built the pond with a 36"pipe that runs down Field Avenue in order to intercept that stream and route it around the subdivision. So as to not cause any additional drainage issues,they are connecting to the 36"pipe. 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 10:20 am. FINDINGS,CONCLUSIONS&RECOMMENDATION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Marc Rousso, filed a request for a Preliminary Plat. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC), the City's responsible official issued a Determination of Non-Significance-Mitigated(DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located on the north side of NE 2nd Street generally between Duvall Avenue NE and Field Avenue NE, although a portion of the property is located east of Field. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family uses,but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family-8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 5175 enacted in December 2005. 9. The subject site is approximately 364,502 square feet or 8.37 acres in size. The subject site is comprised of seven underlying lots that would be consolidated and re-divided in this process. 10. The subject site is generally flat. Existing single-family residences on the various lots would be removed if the plat were approved. 11. A Class 4 Stream is located just east of the subject site. The stream's required 35-foot buffer does extend onto the subject site. The applicant has been permitted to reduce the buffer width to 25 feet Magnussen Preliminary Plat File No.: LUA-06-053, ECF, PP October 31, 2006 Page 5 Name subject to creating an enhanced buffer with stream and/or vegetative restoration. Staff recommended that a Native Growth Protection Easement be created for the buffer area in what are proposed lots of the plat. 12. A portion of a Category 3 Wetland is located near the northwest corner of the subject site. The portion of the wetland located off-site has been filled. The portion on the subject site is considered an unregulated wetland at this time. 13. The tree survey shows 260 significant trees and the applicant proposes retaining approximately 60 of those trees. Staff noted that 25%of those trees would require retention of 63 trees. Staff also noted that species were not identified and only significant trees qualify for retention. 14. The applicant proposes dividing the subject site into 49 lots and 2 tracts. The two tracts would be for stormwater detention. The plat would be divided into two sections by the creation and extension of Field Avenue north and west into the plat. Proposed Lots 1 to 42 and Drainage Tract A would be located between Duvall on the west and Field on the east. Proposed Lots 43 to 49 and Drainage Tract B would be located along the east side of Field. 15. Access to the site would be via NE 2nd Street which runs along the south side of the site,Duvall which runs along the west side of the site and,as noted, the northerly extension of Field into the site and then the westerly creation of NE 2nd Place which will connect Field to Duvall. The applicant shall be required to dedicate street right-of-way for the development and appropriate widening of access streets serving the subject site. The applicant will be creating a number of interior lots that will be accessed ‘411.r through a combination of private easements(26 feet wide)and private driveways (at least 20 feet wide). 16. The density for the plat would be 7.46 dwelling units per acre. 17. The subject site is located within the Renton School District. The project is expected to generate approximately 22 school age children. These students would be spread across the grades and would be assigned on a space available basis. 18. The development will increase traffic approximately 10 trips per unit or approximately 470 trips. Approximately ten percent of the trips, or approximately 47 additional peak hour trips, will be generated in the morning and evening. 19. Stormwater would be handled in two detention tracts, one east and one west of Field Avenue NE. Downstream flooding problems have been identified in the area and the applicant will be required to meet the standards of the 2005 King County Manual. The applicant has requested that its detention requirements be based on smaller impervious surface footprints for the proposed lots and subsequent homes and improvements. That modification was granted by the City with the condition that covenants and conditions be imposed on the development limiting homes east of Field to 3,000 square feet of impervious surface and limiting homes west of Field to 3,300 square feet of impervious surface. The ERC also imposed drainage requirements to reduce impacts on the downstream systems. Staff recommends that the detention tracts be fenced. 20. Water service is provided by both the City(west of Field)and Water District 90 (east of Field). The property will have to meet fire flow and pressure requirements. 21. Sewer service will be provided by the City. Magnussen Preliminary Plat File No.: LUA-06-053, ECF, PP October 31,2006 Page 6 22. There are unopened sections of right-of-way affected by the plat as well as two tracts. These will have to be appropriately vacated or abandoned with City approval. CONCLUSIONS: 1. The proposed plat appears to serve the public use and interest. The plat creates additional single-family detached housing with a variety of lot sizes. The plat will respect the stream buffer although,reducing that buffer to carve out additional lots in the northeast corner of the plat. The buffer enhancement is the trade-off for this encroachment. 2. The development of the plat will increase the tax base of the City and those taxes should help offset some of the impacts associated with new residents and homes. The applicant will be paying mitigation fees to offset more specific impacts on roads,parks and emergency services. 3. The applicant will have to dedicate property for roads and road widening as well as seek the vacation or abandonment of former right-of-way or reserved tracts. 4. The area is or can be served by the appropriate utility infrastructure including water from two sources and sewer service from the City. The stormwater system has been designed to prevent additional flooding issues downstream although the City did allow a more limited detention system in exchange for limiting the impervious surfaces that would be created by the development of each lot. Hopefully, this will not create an enforcement issue in the future. 5. In conclusion, the division of the subject site appears appropriate to provide additional infill housing in ,0010 an area where urban services are available and where future residents chose to reside. RECOMMENDATION: The City Council should approve the proposed 47-lot plat subject to the following conditions: 1. The applicant shall dedicate land to the appropriate development and widening of public right- of-way to serve the subject plat. 2. The applicant shall comply with all requirements of the Determination of Non-Significance — Mitigated that was issued by the Environmental Review Committee on September 11, 2006. 3. The edge of the stream buffers shall be permanently delineated with a split rail fence and signage shall be installed as approved by the Development Services Division Project Manager. A fencing and signage detail shall be submitted to the Development Services Division project manager at the time of utility construction permit application for review and approval. The fencing and signage shall be installed prior to the recording of the final plat. 4. A Native Growth Protection Easement shall be recorded over the 25-foot stream buffer located on Lots 48 and 49 and on Drainage Tract B prior to or concurrent with the recording of the final plat map. 5. The applicant shall submit a revised Tree Retention Plan, noting the species of the trees on the site. Only the significant trees shall be included in the plan, and 25% of the trees must be identified for retention. The plan shall include information on what measures will be undertaken to assure that the trees are protected during construction. If trees are proposed for Magnussen Preliminary Plat File No.: LUA-06-053, ECF, PP October 31, 2006 Page 7 replacement, the applicant shall justify this. The revised Tree Retention Plan shall be submitted at the time of application for utility construction permits and shall be subject to approval by the Development Services project manager. 6. A revised landscape plan shall be submitted to the Development Service Division project manager for review and approval at the time of application for utility construction permits. The revised landscape plan shall show the planting strip along Duvall Avenue NE increased to the required ten-foot width. It shall illustrate the required five-foot planting strip along all of the other public street frontages. The plan shall illustrate landscaping of the whole detention tracts, not just the perimeter of these. It shall show two trees within the front yard areas of all lots, including the internal lots, which do not abut a public street, and the species and size of the trees shall be noted. 7. The stormwater detention tracts shall be fenced with 6-foot wood fencing prior to recording of the plat. The fence shall be placed behind the required five-foot frontage landscape strip area. The location of the fence shall be shown on the revised landscape plan, and fencing details shall be provided for the review and approval of the Development Services Project Manager prior to recording of the plat. 8. Demolition permits shall be obtained and all inspections completed on the demolition of the existing residences and detached accessory structures prior to final plat approval. 9. A homeowner's association or maintenance agreement shall be established for the development, to ensure that responsibility is taken for maintenance of common improvements and tracts within the plat prior to final plat approval. A draft of the agreement, HOA and/or CC&R documents shall be submitted at the time of application for utilities construction permits, so that it may be reviewed by the City attorney and the Development Services project manager. 10. The applicant shall have "No Parking" signage posted along the 26-foot wide private access easement prior to final plat approval. ORDERED THIS 31St day of October 2006. FRED J. KAUFS(PY(Sjiv"--(-- HEARING EXAMINER TRANSMITTED THIS 31st day of October 2006 to the parties of record: Valerie Kinast Juliana Fries Marc Rousso 1055 S Grady Way Development Services Division Seattle Redevelopment, LLC Renton,WA 98055 City of Renton PO Box 2566 Renton,WA 98056 Eric LaBrie Susan Rider '41100" ESM Consulting Engineers 1835 NE 20th Street James Jaeger 33915 1St Way S., Ste.200 Renton,WA 98059 9419 S 204th Place Federal Way,WA 98003 Kent,WA 98031 Magnussen Preliminary Plat File No.:LUA-06-053, ECF,PP October 31, 2006 Page 8 Paul&Lois Lindberg Timothy&Jennifer Lindberg Stephen&Gena Lindberg 4715 NE 2nd Place 13845 SE 131st Street 13845 SE 131St Street Renton, WA 98059 Renton,WA 98059 Renton,WA 98059 Patrick&Sarah Graham Frederick&Judy Busch Ricardo Beltran 13809 SE 131St Street 4808 NE 2"d Street 2108 Blaine SE Renton,WA 98059 Renton,WA 98059 Renton,WA 98055 Doug Jones Lisa Spahr Jennifer McCall 4907 NE 2"d Street Forest Practice Coordinator Landing Acquisitions Assistant Renton, WA 98059 Department of Natural Resources Lozier Homes Corporation PO Box 47015 1203 114th Avenue SE Olympia, WA 98504-7015 Bellevue, WA 98004 TRANSMITTED THIS 31St 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 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 100(G)of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,November 14,2006. 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., November 14,2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. 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I /42 1 I a 1� o f I • - - - -�-- — l — — =—- -d„_-- -_ _ _� — I -- 1•-a 21212022332/2 AMI 1010.0.01,sutKY. CRAP=9CA12 es.,w ... • Centre ""'",,'.•;.-,1r e''''th t t ?_ MI mut eCB Mt n `7?.• Pointe feu*1141•1201 ,�IN" — . I Exhibit 4 1 `(g Surveying 1 2E2 I M1 ' *Ere CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A (Continued) Order No.: 1172584 Your No.: BELTRAN LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) LOT 1, KING COUNTY SHORT PLAT NUMBER 881050, RECORDED UNDER RECORDING NUMBER 8201220536, IN KING COUNTY, WASHINGTON. cLTAcMAWR A/oma CITY OF RENTON COUNCIL AGENDA BILL AI #: Q = A Submitting Data: Planning/Building/Public Works For Agenda of: December 11, 2006 Dept/Div/Board.. Maintenance Services Staff Contact Richard Marshall x7400 Agenda Status Consent X Subject: Public Hearing.. Acceptance of Dedication of a Portion of Blaine Ave Correspondence.. NE Right-of-Way Ordinance Resolution Old Business Exhibits: New Business Issue paper Study Sessions Draft Deed of Dedication Information Map Exhibit Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... $9,100.00 Transfer/Amendment itior Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: In the summer of 2006, PBPW Maintenance Services installed temporary drainage improvements to resolve existing drainage issues. In order to better maintain these improvements and with the agreement of the affected property owners, the Maintenance Shops would like to obtain an additional 12 feet of right-of-way along Blaine Ave NE. The property owner is willing to donate the right-of- way in exchange for being made whole. Thus, if Council supports this action, Maintenance Services would pay $9,100.00 for the paving required to reconnect the property owners' driveway and repave an equivalent parking strip to the one that currently exists. Funds for this repaving will be taken out of Maintenance Services' Street Account(#103.000000.019.5420.0092.31.000035). STAFF RECOMMENDATION: Accept the Deed of Dedication from Melissa Bradbury and Benjamin Coleman for additional Blaine Ave NE right-of-way and authorize Maintenance Services to pay $9,100.00 to restore the property owners' driveway and parking strip. H:\File Sys\PRM-Property Services Administration\Current Projects\ROWProjects\BlaineROW\agbilll106.doc\KMtp ti`SY O PLANNING/BUILDING/ a ® 'et) WORKS DEPARTMENT � T0 MEMORANDUM N DATE: December 1, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Gregg ZimmermaitW Administrator STAFF CONTACT: Richard Marshall, Maintenance Services Wastewater and Special Projects Manager(ext.7400) SUBJECT: Deed of Dedication for Additional Blaine Ave NE Right-of- Way ISSUE: Does Council wish to accept a Deed of Dedication from Melissa Bradbury and Benjamin Coleman for additional Blaine Ave NE right-of-way and authorize Maintenance Services to pay $9,100.00 to restore the property owners' driveway and parking strip? RECOMMENDATION: Accept the Deed of Dedication from Melissa Bradbury and Benjamin Coleman for additional Blaine Ave NE right-of-way and authorize Maintenance Services to pay $9,100.00 to restore the property owners' driveway and parking strip. BACKGROUND SUMMARY: In order to resolve existing drainage issues, PBPW Maintenance Services installed temporary drainage improvements in Blaine Ave NE,just north of NE 20`x' Street, during the summer of 2006. In order to better maintain these improvements and with the agreement of the affected property owners, the Maintenance Shops would like to obtain an additional 12 feet of right-of-way along Blaine Ave NE. Currently, this portion of Blaine Ave NE is a substandard right-of-way. Historically, the City has maintained the proposed 12-foot dedication area as gravel. Obtaining this right-of-way will bring this substandard road closer to City standards, bring the City closer to the ultimate construction of a standard cul-de-sac right-of-way, and will allow the City to better meet the turnaround standards for a cul-de-sac. Not only will this area allow Maintenance Services to better maintain the current right-of-way, it will actually allow Maintenance Services to decrease the amount of time needed to Noe maintain this right-of-way. By being able to pave this additional 12 feet, Maintenance Council/Blaine Deed of Dedication December I,2006 Page 2 of 2 Services will spend less time responding to drainage issues that arise due to this substandard right-of-way. wrr►� Finally, this is an opportune time to pick up additional Blaine Ave NE right-of-way as the property owner is willing to donate the right-of-way. The only expenditure required of the City is to make the property owner whole. Thus, if Council supports this action. Maintenance Services would pay for the paving required to reconnect the property owner's driveway and repave an equivalent parking strip to the one that currently exists. This repaving would cost $9,100.00. Funds for this repaving will be taken out of Maintenance Services' Street Account#103.000000.019.5420.0092.31.000035. CONCLUSION: In order to resolve existing drainage issues, PBPW Maintenance Services installed temporary drainage improvements in Blaine Ave NE,just north of NE 20`1' Street, during the summer of 2006. In order to better maintain these improvements and with the support of willing property owners, the Maintenance Shops would like to obtain an additional 12 feet of right-of-way along this portion of Blaine Ave NE, a substandard right-of-way. The City is already maintaining this proposed 12-foot dedication area. Obtaining this right-of-way will bring this substandard road closer to City standards and allow Maintenance Services to spend less time responding to drainage issues that arise due to this substandard right-of-way. The property owner is willing to donate the right-of-way in exchange for being made whole. Thus, if Council supports this action, Maintenance Services would pay $9,100.00 `"'_ for the paving required to reconnect the property owners' driveway and repave an equivalent parking strip to the one that currently exists. cc: Dave Christensen, Wastewater and Technical Services Supervisor Karen McFarland.Technical Services Specialist I1:\File Sys\PRM-Property Services Administration\Current Projects\RO WProj ects\BlaineRO W\i ssuepaper 1106.DOC\KLMtp Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 334390-1247 Grantor(s): Grantee(s): 1. Benjamin M Coleman 1. City of Renton,a Municipal Corporation 2. Melissa A Bradbury LEGAL DESCRIPTION: The South 140 feet of the West 12 feet of the following described property: The South Half of the East Half of Tract 234 of C.D Hillman's Lake Washington Garden of Eden, Division No. 4 according to the Plat thereof recorded in Volume 11 of Plats, Page 82,records of King County, Washington. EXCEPT the South 130 feet thereof;AND EXCEPT that portion of the North 83.19 feet of the South 213.19 feet thereof lying East of the West 25 feet thereof; Situate in the Northeast Quarter of Section 5,Township 23 North,Range 5 East, W.M., in the City of Renton, King County, Washington. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Approved and Accented By: Grantor(s): Grantee(s): City of Renton Benjamin M Coleman Mayor Melissa A Bradbury City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: err' Page 1 Exhibit Map Blaine Ave NE Proposed ROW Dedication ,r, Grantors: Melissa Bradbury and Benjamin Coleman Proposed Dedication-Area- a) edicatio~ " reaa) c > L % � \W Z % c.) OM NE 20th St Vicinity Map 0 100 200 1 : 1 ,200 • Technical Services .®= Plannina/Buildint/Public Works Ti YcFar aad • December 1, 2008 y A I CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: December 11, 2006 Dept/Div/Board.. Technical Services Staff Contact Karen McFarland, x7209 Agenda Status Consent X Subject: Public Hearing.. Release of Easement with The Boeing Company and Correspondence.. Transwestern Harvest Lakeshore LLC (RE-06-001) Ordinance Resolution Old Business Exhibits: New Business Issue paper Study Sessions Utilities Easement(KC # 8805190541) Information Partial Release of Easement(KC#20060718000190) Map Exhibit(from The Landing Lot 3 Short Plat) Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The proposed Lakeshore Landing project has required the partial or full release of various City-held utility easements. Council approved the partial release of the subject easement(Rec. No. 8805190541)and it was partially released earlier this year under King County Rec. No. 20060718000190. The remainder of said easement is now ready for release. STAFF RECOMMENDATION: Grant a Release of Easement for the utilities easement recorded under King County Rec. No. 8805190541. P:\PRM-26-Release of Easements From 1990 and Forward\0018\agbill1206.doc\KLMtp r <0( O� PLANNING/BUILDING/ Nosy' C.) ¢= e ♦ PUBLIC WORKS DEPARTMENT -Nryo� MEMORANDUM DATE: December 1, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: J Kathy Keolker, Ma o FROM: Gregg Zimmerm.:,r': W Administrator STAFF CONTACT: Karen McFarland, Technical Services Specialist (ext. 7209) SUBJECT: Release of Easement, City of Renton for the Property Owners: The Boeing Company and Transwestern Harvest Lakeshore LLC (RE-06-001) ISSUE: Does Council wish to grant a Release of Easement for the utilities easement recorded under King County Rec. No. 8805190541? RECOMMENDATION: Grant a Release of Easement for the utilities easement recorded under King County Rec. No. 8805190541. BACKGROUND: The proposed Lakeshore Landing project has required the partial or full release of various City-held utility easements. Council approved the partial release of the subject easement (Rec. No. 8805190541) and it was partially released earlier this year under King County Rec. No. 20060718000190. The remainder of said easement is now ready for release. A Release of Easement application has been submitted by the City of Renton, on behalf of the property owners, The Boeing Company and Transwestern Harvest Lakeshore LLC for the release of the remainder of the easement. A map exhibit of the original easement area is included in the attached copy of the original easement document. Also attached are a copy of the Partial Release of Easement document recorded earlier this year and a copy of the drawing for The Landing Lot 3 Short Plat(LUA-06-069). The Boeing Company, acting through its division, Boeing Commercial Airplanes, granted to the City of Renton an easement for a water line and landscape irrigation meter Council/Release of Easement Lakeshore December 1,2006 Page 2 of 2 (for the Boeing parking lot) on May 2, 1988. This easement was recorded under King County Rec. No. 8805190541. This Release of Easement was sent to the Water Utility Section for comments. No objection was raised to the request to release the remainder of this easement. CLASSIFICATION OF EASEMENTS AND COMPENSATION: Staff could find no record that public funds were spent in the acquisition, improvement, or maintenance of any of the subject easements. Therefore, all easements have been classified as Class "B" and thus, no compensation is due the City. The relevant City Code states the following: 9-1-4 EASEMENT CLASSIFICATIONS: CLASS B:All City easements for which no public funds have been expended in the acquisition, improvement, or maintenance of same or easements originally dedicated or otherwise conveyed to the City by the present petitioner for the release of said easement for which no public expenditures have been made in the acquisition, improvement, or maintenance thereof 9-1-5 EASEMENT RELEASE PROCESS: 4. In the event of a release of easement classification as Class B, the City shall receive no further compensation other than the easement release processing fee to defray administrative costs of the easement release. CONCLUSION: The appropriate department has been contacted to determine whether the remaining portion of the subject easement is still needed. This easement is no longer needed and a full release is recommended. The subject easement can be classified as Class "B" and therefore, no compensation would be due the City. cc: Lys Hornsby,Utility Systems Director Dave Christensen,Wastewater and Technical Services Supervisor H:\File Sys\PRM-Property Services Administration\PRM-26-Release of Easements From 1990 and Forward\0018\RE06-001.doc\KLMtp /4/- y/y . UTILITIES Il EASEMENT THIS INSTRUMENT, made this day of April 19 88 by and between The Boeing Company, 2{II} a Delaware corporation • acting through its division, xRsE Boeing Commercial Airplanes 'Rk . ARA hereinafter called "Grantor(s)", and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee". WITNESSETH: • That said Grantor(s), for .and-J.-consJder4-Won-of-the--tum.-ot...$ Pei-by-G•remee-,-.p 4-ot,ee valuable consideration, do by '1' these presents, grant, bargain, sell, convey, and warrant unto the said Grantee, Its 1.0 successors and assigns, an easement for public utilities (Including water and sewer) with 0 necessary appurtenances over, through, across and upon the following described property In King County, Washington, more particularly described as follows: As described in Exhibit A, which is attached. • COCO This easement is granted for the purpose of a waterline. The easement shall terminate when Grantor's or its assign's use of the water- line ends, with Grantor or its assigns providing written notice of the termination to Grantee or its assigns and Grantee or its assigns executing a reconveyance of the easement to Grantor or its assigns upon request by Grantor or its assigns. Upon such termination, Grantor or its assigns shall either cap the waterline and leave it in place or remove the waterline. `'acct RR/nss19 ?f(ij.{i -2 ' ECD ?,no .� t^QSH SL >3:4:4:4:7. • it i , .. 11 hl'fes EX n_ IJ RED ,ras ,•s o Oy /-s :deputy • FILED FOR-RECORD AT REO!�EST OF fl rf.i if 2E: :rC. LO. IttatiPtA 18155 UE/I-I Said heretofore mentioned grantee, its successors or assigns, shall have the right, without prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of construct- ing, maintaining, repairing, altering or reconstructing said utilities, or making any connections therewith, without incurring any legal obligations or liability therefore, provided, that such construction, maintaining, repairing, altering or reconstruction of said utilities shall be accomplished in such a manner that the mid private improvements existing in the right(s)-of-way shall not be disturbed or damaged, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy thb,aforedescribed premises. including the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the utilities. However, the grantor shall not erect buildings or structures over, under or across the !-4 right-of-way during the existence of such utilities. This easement, shall be a covenant running with the land and shall be binding Ch on the Grantor, his successors. heirs and assigns. Grantors covenant that they 1.4 are the lawful owners of the above properties and that they have a good and lawful Cright to execute this agreement. OD THE BOEING COMPANY GO acting through its division BOEING COMMERCIAL AIRPLANES By: J J. 'els•n CORPORATE FORM: • 'irector of Facilities STATE OF Washington ) COUNTY OF King SS ,411101 M".-./ On this -arab dayof ...April 19 SE before me, the undersigned, a Notary Public in and for the State of WAahi gron, duly commissioned and sworn personally appeared J. J. Nelson to me known to be the Director of Facilities of Boeing Commercial Airplanes a division of The Boeing Company, the corporation that executed the fore- going instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he i..,.vSuthoriled to execute the said in!:trument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. • otary J i 1i is in and for ,fife Sta UfN= 02400-A , residing at of 1,-49 My commission expires: • *71-Y.-Se UE/2-2 b JOB NO. 7115 , WATERLINE EASEMENT AN EASEMENT FOR INGRESS, EGRESS, AND WATERLINE UTILITIES, OVER, UNDER, Nisse ACROSS OR UPON AND LYING 7 & 1/2 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, AS LOCATED IN THE SOUTHEAST QUARTER OF THE NORTH- WEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY. WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH MARGIN OF NORTH 8TH STREET AND THE WEST MARGIN OF GARDEN AVENUE NORTH; THENCE NORTH 00° 31' 42" EAST ALONG SAID WEST MARGIN OF GARDEN AVENUE NORTH. 253.22 FEET TO A POINT OF CURVATURE TO THE LEFT; e.4 THENCE NORTHERLY ALONG SAID WESTERLY MARGIN AND ALONG SAID CURVE TO THE .1e, LEFT HAVING A RADIUS OF 850.00 FEET THROUGH A CENTRAL ANGLE OF 13° 29' 00", 0A ARC LENGTH OF 200.03 FEET TO THE POINT OF BEGINNIGN FOR SAID CENTER- 0 LINE DESCRIPTION. CO e4 THENCE NORTH 89° 00' 00" WEST, 215.50 FEET; IO THENCE NORTH 01° 00' 00" EAST, 360.00 FEET; ODO THENCE NORTH 89° 00' 00" EAST, 70.00 FEET TO POINT "A" AND THE TERMINUS OF SAID CENTERLINE DESCRIPTION. TOGETHER WITH THE FOLLOWING ADDITIONAL EASEMENT DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" PREVIOUSLY DESCRIBED; THENCE PROCEEDING SOUTH 01° 00' 00" EAST, 17.00 FEET; THENCE SOUTH 71° 00' 00" EAST, 23.00 FEET; ' THENCE NORTH 78° 00' 00" EAST, 10.00 FEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY OF GARDEN AVENUE NORTH. THENCE PROCEEDING ALONG SAID WESTERLY RIGHT-OF-WAY NORTH 17° 59' 39" WEST, 32.00 FEET; THENCE NORTH 89° 00' 00" EAST, 22.00 FEET MORE OR LESS TO A POINT WHICH BEARS NORTH 01° 00' 00" WEST, AND 7.00 FEET FROM SAID POINT "A"; THENCE SOUTH 01° 00' 00" EAST, 7.00 FEET TO POINT "A", ALL IN KING COUNTY, WASHINGTON. NNW- KJV/bss I✓ 2 k Ji ct 0 ERssi Iv-r w !I__ -___ ___ ____ ____ _ if e. 31,O.ov .21'.2____. I— ff — — — — ---• — '— -•__I•,1 I0 4ItI � ,A.. 5 9/'cam 13.00/ /, I N 98'E Io�� ti ._.... .............„.....\.. .... Iiiiti4k I ,� vt /J.; °Ioik,4v tvi., u G II . ��q �Q�STR� �k� jEXHIBIT A h 1LSs9dPo Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 20 071800 . CITY OF RENTON PREL 34.00 PAGE001 OF 003 07/18/2006 08:59 KING COUNTY, WA PARTIAL RELEASE OF EASEMENT Property Tax Parcel Number:088660-0020;088660-0030 Pro"ect File#:RE-04-001 Street Intersection: Garden Ave N btwn N 8th St&Park Ave N Reference Number(s)of Documents assigned or released: 8805190541. Grantor(s): Grantee(s): 1.City of Renton,a Municipal Corporation 1. The Boeing Company,a Delaware Corporation 2. Transwestem Harvest Lakeshore,a Delaware Limited Liability Company The Grantor is the owner of an easement acquired from THE BOEING COMPANY a Delaware Corporation.acting through its division,BOEING COMMERCIAL AIRPLANES dated on May 2.1988, as recorded under King County Recording Number 8805190541 of King County,State of Washington. The CITY OF RENTON does hereby abandon and release all rights acquired under a portion of the above referenced utilities easement,said portion being described as follows: An easement for ingress,egress,and waterline utilities,over,under,across or upon and lying 7 and 1/2 feet on each side of the following described centerline,as located in the Southeast Quarter of the Northwest Quarter of Section 8,Township 23 North,Range 5 East,W.M.,in the City of Renton,King County, Washington.Described as follows: Commencing at the North 00°31'42"East along said west margin of Garden Avenue North,a distance of 253.22 feet,to a point of curvature to the left; Thence northerly along said westerly margin and along said curve to the left having a radius of 850.00 feet through a central angle of 13°29'00",an arc length of 200.03 feet to the Point of Beginning for said centerline description; Thence North 89°00'00"West,a distance of 215.50 feet; Thence North 01°00'00"East,a distance of 360.00 feet; Thence North 89°00'00"East,a distance of 70.00 feet,to the terminus of said centerline description. • But this release shall not impair the utilities easement rights acquired and recorded under King County Recording No. 8805190541 as to the utilities easement not hereby released. Except as explicitly released by this document,the remaining City easement rights shall remain in full force and effect.o j0 F.TAXNOT R gNED King Co. fit?oo�r.�,dsj t ision By rIN ) ", , Dept ,4001DAN Go f iMtssPOlb{< ' PARTIAL RELEASE OF EASEMENT Property Tax Parcel Number:088660-0020;088660-0030 Pro'ect File#:RE-04-00[ Street Intersection: Garden Ave N btwa N 8thSt&Park Ave N Reference Number(s)of Documents assigned or released: 8805190541. Grantor(s): Grantee(s): 1.City of Renton,a Municipal Corporation 3. The Boeing Company,a Delaware Corporation 4. Transwestern Harvest Lakeshore,a Delaware Limited LiabiIi Co man IN WITNESS WHEREOF,said City has caused this instrument to be e ecuted by the Mayor (( t k It s~:.r this /o? day of 9 200(? / MAYOR thy Kt ok$t r•-- -, ttt��� CITY CLERK Bonnie 1c, .1i - to ,... � �A ! t . STATE OF WASHINGTON )SS4. r f w** a{yk '/, COUNTY OF KING ) .. ,-..4,0810,0,;(,4.4,// I certify that I know or have satisfactory evidence that Kathy Keolker and Bonnie Walton are F ryf the persons who appeared before me,and said acknowledgedthat persons they signed this S U # 'f.f f instrument,on oath stated that they were authorized to execute the instrument and l acknowledged it as the MAYOR,and the CITY CLERK,CITY OF RENTON,to be the free iSi - 4i- and act of such parties for. uses and purposes mentioned in the instrument. / No Public in and for the State of Washington /{+1 l 11 i i i,.- Notary(Print) -1 -�a svvl �4- S�4- My appointment expires: C,/2-4/ZOO q Dated: "7/1 Z../7-1904,0 ) • ) ) . ti • Z r- - " LI- ir- _ � ...2:_c_Li , ---1,. ,' isiii . 4 ., . , -------1 hiLF-S*6-1AZ74 7 1� I • it - I I ,iii 014° , - �r- N. CEC. SA a EXHIBIT A .. , X9640 • . . „ . .: .. •• „ • - 100s1oz4q6oeo, .21f154,7— . . .. . . - , . ..... . •.: . . . . . . „ .. , .. SHORT SUBDIVISION . . . . . . - ' A PORTION OF THE NW 1/4 OF SECT. 8, T . 23 N., • .. : . . , ... • ROE. 5 E., W.M., CITY OF RENTON, KING COUNTY, WA. ... , . . . .• .. • -.. ----- ...... -'.. I ::. ‘ ,..i.V..'".'1..... . .. ,. •• ------ •. .• - ... . ...,..---- .....ils,.?.--e - ,t , . .. . . \ \ • .. ry OF REV ,,f,:, 00605 ..-- .. . 2 • ---"------ • . .. k • .: 4'4,4, ..-•--- .1..-' .. . . ....-••:::.... \Sd\ , 36.fie -.---/ --. „..._.„,..--s-'7--S7 10 Ole ` ..- 4, ‘` • . . .. • .• . . .. . . ....'. $7,19.5°" \ \ .• WATER EASEMENT • . • . .. REC NO 8,9011.05.11 , \ ,............. . \ V4,...--1-— • . .. 25,5 .: A..0 g 50 .: \ \ ____Th, I •:. • L'.!. ' A--;.'' •-•:-_, - -- , ... .. .• .. . .. ii-, .:......- *....3., *6. \ . . \ •.. .. .* ...\ % , 0 525 525' .. .. .. : \TA7,2,r),\ I • .. . ) . .: • • , 1 • ' .. •.. .• .. ''' I \ . .• .. . . • . . . • • •• • ,, \ \ .,..„. I I \ • • .• • .. . . • 1 • •.. ... .• .• ..• \S .. ••• •• :.• I.: . . . ..,••• ..... ..•. 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I S 605 N0CO20ZI304 .. • .. .10 1 I .-7:6:1"). i 250.70' r 11 S`ONE HYP 1/4 sECT.B.:23-5 .. . .. • . _ : <P 7 i6-0-------- _ 4._.., _ tiay25'5.rw , _ SB9•211.22-E N130,8'22'W i."--PASSIA'CrE 2650.4.3i CM'TO CN19 SECT; • 066400 - 05 ..0.T9' --,..L:: 589:2$'517-W(BASIS OF BEARINGS) T .1”X e CONC W/COPPER — _____ :-3.9.56.MCWIRAZ'st .'"o. TACK W BROKEN CASE DOM 1.0 SELOW ASPHALT N 8TH STREET: • ': - "vc°P'E" t/I SEcTICSV CORNER ------——--.—— N r113840089 FOUND 1.S.BRASS GP . .. . WV iP RENTON CONTROC MONUMENT 047.. E 1300446.14166 MONUMENT IN CASE wfruKOK REFERENCE I '• AS SHOW ON REF 0 N 1.931106.4790 Oh OF RENTON SNORT PLA T \si. I I ... ,.: . a'E 4.CUSS:Amer W/GOPPER PIN IN CASE,... •:` . ACdEP/ED ASCENTERCY S(CTION 8-23-S E 13 02031.6010 BOEING Avec&36 ..• • • 5163•92,0435 LUA-06-069-SHPL , AS SHOW ON REF.0 REC NO.20011205900004 45O-29-04.96 1 I : .- rI3oJogc6D,O 255606,,046(7 . . . . . . • . . .. • • . , .•• . . SURVEYED BY. WHP CHECKED BY TRANS WESTERN HARVEST LAKESHORE.L.L.C. .. . . • DRAWN BY CPC APPROVED Br CITY OF RENTON WKF1 ttittli:.,:r;,,f'9=71-4,0 5 LAST EDIT PLOT DATE. 10/12/06 CITY OF RENTON LLA 06-004 LOT 3A SHORT SUBDIVISION ..` ..„„,..,•-• 1\)gs, IEZEACZIC/EIEIIIEEMI RENTON WASHINGTON I'm.II IC yiqw= "... ., ,-\'', 1.1111•111111•11•111111 N IIIMIMIIIIIIIIIIIIIIIIIIIIIIMIIIIMMEIIIIMMI SCALE: PROJECT NO. DRAWING FILE NAME: maw•64p....•Asmar«,.t.:7047 4.6- N.) 11•111=IIMMINNINIIIIM..11111•11 7'..60' 32536 32536-Surv-Sp02 '141409e CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Transportation Systems For Agenda of: Dept/Div/Board.. Planning/Building/Public Works December 11, 2006 Staff Contact Derek Akesson, x7243 Agenda Status Consent X Subject: Public Hearing.. Environmental Monitoring Program for Oakesdale Correspondence.. Avenue SW Phase II Wetlands Contract with Osborn Ordinance Pacific Group, Inc. Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Supplemental Agreement#1 Information TIP #41 (2007-2012) Vicinity Map Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Fiscal Impact: 317.12187.020.5950.0090.41.000000 Expenditure Required... $ 63,110.21 Transfer/Amendment 1/4.00 Amount Budgeted $ 120,000.00 (2007-2012) Revenue Generated Total Project Budget $ 245,000.00 (2007-2012) City Share Total Project.. Summary of Action: After the construction of the Oakesdale Avenue SW Extension, a total of 3.5 acres of wetlands mitigation was required. The two agencies that govern the method for construction of the wetlands are the Corps of Engineers(COE)and Department of Ecology(DOE), respectively. The requirement is a 10-year monitoring plan to show the progression of the wetlands and their ability to be self-sufficient. Osborn Pacific Group, Inc. is our monitoring consultant. The added expenditure is for extra monitoring and maintenance of the Phase II site due to difficulties encountered in establishing the wetlands. To overcome these difficulties, a re-vegetation plan was developed and an irrigation system was constructed. The irrigation system has been vandalized twice. The contract amount with Osborn Pacific Group, Inc. for the 10-year monitoring program at the Oakesdale mitigation sites is for $109,657 and is scheduled to be complete at the end of 2013. The contract amount has been exhausted due to the additional monitoring and maintenance at the Phase II site. This supplement is for an additional $63,110.21 to complete the 10-year monitoring program of the Phase II site from 2007 through 2013. There is currently $245,000 programmed in the 2007-2012 TIP for this project(#41). Our 2007 total budget allowance is $75,000. Staff Recommendation: uthorize the Mayor and City Clerk to execute the supplemental agreement with Osborn Pacific Group, Inc. to complete wetlands monitoring services for the Oakesdale Avenue SW Phase II wetland. H:\Division.s\TRANSPOR.TATWDMIN\Agenda 2006\OPG Oakesdale Phase fI Supplement I agenda bill.doc ti`s Oe PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT 12\4�N�o� MEMORANDUM DATE: December 11, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Derek Akesson, Transportation Design Project Manager (x7243) SUBJECT: Environmental Monitoring Program for Oakesdale Avenue SW Phase II Wetlands Contract with Osborn Pacific Group, Inc. ISSUE: Should Council authorize the Mayor and City Clerk to execute the supplemental agreement with Osborne Pacific Group, Inc. to continue the required 10-year wetland monitoring for the Oakesdale Avenue SW Phase II site (TIP #41)? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the supplemental agreement with Osborn Pacific Group, Inc. to complete wetland monitoring services for the Oakesdale Avenue SW Phase II wetland. BACKGROUND: The Environmental Monitoring Program was set up to monitor the Oakesdale Avenue Phase IA and Phase II projects, along with the Houser Way Relocation project, that required wetland mitigation. The Houser Way Relocation wetland mitigation is complete and has met the monitoring requirements. The Oakesdale Avenue SW Phase I site is very close to obtaining Department of Ecology (DOE) and the Corps of Engineers (COE) approval. The Oakesdale Avenue SW Phase II site is currently in the third year of monitoring. The Oakesdale Avenue SW Phase II site is located approximately 900 feet east of the newly constructed Oakesdale Avenue SW extension. The Phase I mitigation site was constructed as partial mitigation for Phase IA of Oakesdale Avenue SW and is located just north of the Phase II site on the east side of Oakesdale. The entire wetlands mitigation site is 3.5 acres. Osborn Pacific Group, Inc. was hired to monitor the Phase II wetlands, prepare monitoring reports as required and to recommend maintenance for up to 10 years. The Phase II site has had No"' some difficulty in getting established due to excessively arid conditions in the summer and Randy Corman,Council President Members of the Renton City Council Page 2 of 2 December 11,2006 flooding in the winter that have combined to increase plant mortality and slow the progression of wetland establishment. To overcome these difficulties, a re-vegetation plan was developed and an irrigation system was constructed. However, the irrigation system has been vandalized twice. The bottom line is that additional monitoring and maintenance has been required at the Phase II site resulting in the exhaustion of funds in the current contract with Osborne Pacific Group, Inc. for Phase II. Supplemental Agreement 1 to the original contract with Osborne Pacific for the 10-year Oakesdale Avenue SW Phase II Wetland Monitoring, is for $63,110.21, bringing the total contract amount to $172,767.21. There is currently $245,000 programmed in the 2007-2012 TIP for the Environmental Monitoring Program(#41). Our 2007 total budget allowance is $75,000. cc: Peter Hahn,Deputy PBPW Administrator—Transportation Bob Hanson,Transportation Design Supervisor Jim Seitz,Transportation Planning&Programming Supervisor Derek Akesson,Transportation Design Project Manager Nod h:\division.s\transpor.tat\admin\agenda 2006\opg oakesdale phase ii supplement I issue paper.doc WimWashington State Department of Transportation 'r•► Supplemental Agreement Organization and Address pp g Osborn Pacific Group Inc. Number No. 1 1414 Dexter Avenue N., Suite 230 Original Agreement Number Seattle,WA 98109-3501 CAG 03-094 Phone: Project Number Execution Date Completion Date 6/11/2003 12/31/2013 Project Title New Maximum Amount Payable Oakesdale II Wetland Monitoring $ 172,767.21 Description of Work Oakesdale Avenue wetland mitigation site phase II monitoring activities with Osborn Pacific Group Inc.. The Local Agency of City of Renton desires to supplement the agreement entered into with Osborn Pacific Group,Inc. and executed on 6/11/2003 and identified as Agreement No. CAG 03-094 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Avow Section 1, SCOPE OF WORK, is hereby changed to read: ,See"Exhibit A"and"Exhibit B"attached. II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: No change in the contract days. III Section V, PAYMENT, shall be amended as follows: The additional services described in "Exhibit_A"and"Exhibit B" will increase the maximum amount payable to $172,767.21 from the original contract amount of$109,657.00. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature DOT Form 140-063 EF Date Revised 9/2005 lip 0 ' t0 :'4:7 is k . X - '#' ; Lie — -�11% OSBORN PACIFIC GROUP INC. l ` -n` RECEIVED 14 September 2006 SEP 1 8 2006 Transportation Systems Div. Mr. Jason Fritzler City of Renton Transportation Systems Division Renton City Hall Landscape Architecture 1055 South Grady Way, 5th Floor Recreation Planning Renton, Washington 98055 Environmental Planning RE: OAKESDALE PHASE II MITIGATION SITE REVISED MONITORING PROGRAM SCOPES Dear Jason, Per your request, Osborn Pacific Group Inc. (OPG) has prepared revised scopes for the 10 year wetland monitoring program for the Oakesdale Phase II site. These revised scopes are presented in two documents: • Exhibit A describes tasks and level of effort for Years One and Two. • Exhibit B describes tasks and anticipated level of effort for Years Three through Ten. , EXHIBIT A Year One The fees assessed for the City-approved services are summarized. This information was presented and discussed at our August 9, 2006 meeting and reflects the distribution of hours by task based on the spreadsheet we reviewed at the August 9th meeting. Year Two The Year Two scope has two purposes: • The revised scope includes all of the tasks currently anticipated to complete the 1414 Dexter Avenue N. Year Two monitoring program. Suite 230 Seattle WA 98109-3501 • It also details the tasks associated with Invoice Nos. 60106 dated 1/10/06, 60205 12061284-8865 FAX(2061284-8897 dated 2/8/06, and 60302 dated 3/3/06. The combined total of these three opgcti osbornpacific com invoices equals $12,615.49. These tasks have been annotated with asterisks and additional information is contained in notes below the Year Two table. Completed effort to date includes Year Two report preparation (in-progress), data collection field visits, site maintenance tasks, irrigation coordination, initial revegetation planning, project management, and reimbursable expenses. Other clarifications that have been identified since our August meeting include: • 24 hours of winter flooding data collection that were previously omitted • 8 hours for previously performed maintenance site inspection and coordination 14 September 2006 Page 2 ■ 4 additional hours for agency coordination in anticipation of increased agency interest ■ 6 additional AutoCAD drafting hours for the revegetation plan ■ 4 hours for administration/project management. EXHIBIT B The scopes for Years Three through Ten are unchanged except for the addition of 8 hours for site maintenance program site visits and reports for each report year. SUMMARY The level of effort estimated to complete Years One and Two $ 96,867.21 The level of effort estimated to complete Years Three through Ten $ 75,900.00 Total fees for 10-year monitoring plan $172,767.21 Current authorized contract amount for the 10-year monitoring program $109,657.00 Total supplement request for the 10-year monitoring program $ 63,110.21 Thank you. Very truly yours, OSB RN P IFIC GROUP INC. 1 Kirk H. Hackler, ASLA Senior Environmental Designer Project Manager Of if br7t. in a S. h born, ASLA President vow* • RECEIVED SEP 1 8 2006 Transportation Systems Div. Exhibit A OAKESDALE AVE SW PHASE II WETLAND MITIGATION SITE TEN YEAR MONITORING PROGRAM REVISED SCOPE OF ACTIVITIES YEAR ONE TASK HOURS EST. COST. � � r `-". e '.. r r "y`!'�sz .,_�' `:: 4 zz�` '� Vier•" °', . Presare Year One Monitorins Resort 391 $ 41,485.00 Monitorin• Resort Data Collection Field Visits 185.5 $ 19,560.00 4 Maintenance Plan Pre•aration; Resorts and Field Ins sections 20.5 $ 2,195.00 Tem•. Irri•ation S stem: Desi•n;Construction&O•eration Observation 32.5 $ 3,475.00 Permittin• A•enc Field Visits, Re••rts,and Coordination 30.5 $ 2,425.00 As-Built Plan Pre saration 24 $ 2,595.00 Reve•etation Plan Pre•aration 14 $ 1,580.00 Plant Installation Construction Observation Years'03&'04 38 $ 4,100.00 Admin and Pro'ect Mana s ement 7.5 $ 810.70 •enses - $ 861.51 $ 79,087.21 YEAR TWO Pre fare Year Two Monitorin• Resort* 56 $ 6,328.00 Monitorin s Resort Data Collection Field Visits* 24 $ 2,712.00 „Fll�ica�Yllr. 5rat•�11�.y•- 8 $ 904.00 • Tem s ora Irris ation S stem/Plant Waterin• Coordination` 8 $ 904.00 +. Permittin• A•enc Field Visits, Resorts,and Coordination 8 $ 904.00 Reve•etation Plan Plannin• and Presaration* 24 $ 3,672.00 Plant Installation Construction Observation 8 $ 904.00 Admin and Pro ect Mana•ement* 4 $ 500.00 • E •enses* - $ 500.00 • $ 17,328.00 Notes: *OPG has performed services on all tasks marked with asterisks and these tasks are in various stages of completion. Services completed to date and invoiced equals$12,615.49. The remaining balance of$5,164.51 (not previously invoiced)is sufficient to complete the remaining work on the Year Two Monitoring Program. **1041 Osbom Pacific Group Inc. 9-14-2006 2006-09-14 Exhibit A.xls • Exhibit B Oakesdale Avenue Phase II Wetland Site Ten Year Monitoring Program Revised Scope for Years 3 through 10 Year 3 Task Hours Labor Expenses 'Total �:'.... ".1 ri "``.a,.. `..��� .a�S ,s. a.....:.�,3i '"�`' ;; s"h -74 ,71 Ian 4711 'i Pre•are Year 3 Resort 54 Data Collection Site Visits 16 M. t- - «- S - V t - • R-•.x.1J 8 Monitor Re•lacement Plants 8 Pre•are Reve•etation Plan 8 • E A.enc Coordination 4 Subtotal- $ 11,450.00 $ 600.00 $ 12,050.00 Contingen Funds(w/prior approval) 24 $ 2,832.00 $ 250.00 $ 3,082.00 Total $ 15,132.00 Year 4 Task Hours Labor Expenses Total One Maintenance Site Visit 4 � On .oin• coord w/Ci /Contractor 2 � „Ai Subtotal $ 738.00 $ 50.00 $ 788.00 Total $ 788.00 Year 5 Task Hours Labor Expenses otal Pre•are Year 5 Resort 54 Data Collection Site Visits 16 M.it- - .- S - V' t . . R- 8 Monitor Re•lacement Plants 8 Pre•-re Rev-•etation Plan 8 - analt C•LY-Il A.ii i R-.1. 24 - Subtotal- $ 14,876.00 $ 700.00 $ 15,576.00 Contingency Funds(wi prior approval) 24 $ 3,072.00 $ 250.00 $ 3,322.00 Total $ 18 898.00 Year 6 Task Hours Labor ExpensesLTotal s- F� �� iX:n �,.:�: .��1.. `1 Zlli �P '.`,.. .. One Maintenance Site Visit 4 On •oin• coord w/Ci /Contractor 2 Subtotal $ 798.00 $ 50.00 $ 848.00 Total $ 848.00 14010, Osbom Pacific Group Inc. 9-14-2006 1 of 2 2006-09-14 Exhibit B.xls Year 7 Task Hours Labor f . Expenses Gs_.... ..,....dt. ,____w__......✓.. r.. . . +c. 1.,.. „_..e. , M, ..... Pre•are Year 7 Re•ort 58 .' • ,Data Collection Site Visits 16 �, M � . t V Stt • R •�• i 8 Monitor Re•Iacement Plants 4 Pre.are Reve•etation Plan 4 e : Subtotal $ 12,234.00 $ 800.00 $ 13,034.00 Contingency Funds(wi prior approval) 24 3,312 250 3,562 Total- $ 16,596.00 Year 8 Task Hours Labor Expenses Total One Maintenance Site Visit 4 On-•oin• coord w/Ci /Contractor 2 `� Subtotal $ 864.00 $ 75.00 $ 939.00 Total $ 939.00 Year 9 Task Hours Labor Expenses otal One Maintenance Site Visit 4 On-toiin• coord w/Ci /Contractor 2 Subtotal $ 894.00 $ 75.00 $ 969.00 Total- $ 969.00 Naiarwil Year 10 Task Hours Labor Expenses Total Pre•are Year 10 Retort 54-�- : Data Collection Site Visits 16 Maintenance Site Visits and Retort* 8 Monitor Re•lacement Plants 4 Pre•are Reve•etation Plan 4 Subtotal- $ 16,810.00 $ 900.00 $ 17,710.00 Contin•enc Funds(w/prior approval) 24 $ 3,720.00 $ 300.00 $ 4,020.00 � _ Total- $ 21,730.00 Estimated Cost To Complete Years 3 Through 10 Monitoring Program $ 75,900.00 *Maintenance tasks added to each report year. r.r0i Osborn Pacific Group Inc. 9-14-2006 2 of 2 2006-09-14 Exhibit B.xls ( 1 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2007-2012 SIX-YEAR TIP Environmental Monitoring Program Functional Classification: N/A Fund: 317 Proj.Length: N/A Proj: 12187 RANK: 41 CONTACT: Jason Frltzler 425.430.7243 DESCRIPTION: STATUS: Monitoring of wetland mitigation installed as a project environmental requirement and to perform biological The Year 3 report for the Oakesdale,Phase 1,site has been sent to the regulatory assessments as required by the Endangered Species Act. agencies for review. The Year 1 report for the Phase 2 site is being prepared. Phase 1 and 2 site maintenance continues. JUSTIFICATION: CHANGES: Monitoring ensures that the wetland vegetation installed is properly established. Creates an account to Attempts to get early acceptance for the Phase 1 site have been successful. The Corps of pay for unscheduled project environmental assessments. Engineers has allowed the City to reduce the monitoring requirements to match the site's success. !Funded: 1359,635 !Unfunded: 145.000 Project Totals Programmed Pre-2007 Six-Year Program ITEM Programmed Spent In 2005 , 2006 Total 2007 2008 2009 2010 _ 2011 2012 EXPENSES: _ Project Development Precon Eng/Admin 105,000 15,000 90,000 15,000 15,000 15,000 15,000 15,000 15,000 R-O-W(includes Admin) Construction GTontract Fee 45,000 10,000 35,000 , 10,000 5,000 5,000 5,000 5,000 5,000 --a Construction Eng/Admin 254,635 84,635 - 50,000 120,000 - 50,000'i 30,000, 10,000 10,000, 10,000 10,000 _Other • TOTAL EXPENSES 404,635 84,635 75,000 245,000 75,000, 50,000 30,000 30,000 30,000 30,000 SOURCE OF FUNDS: Vehicle Fuel Tax 5,000 5,000 5,000 Business License Fee 120,035 35 20,000 100,000 . 20,000 25,000 17,500_ 12,500 10,000 15,000 Proposed Fund Balance Grants In-Hand Mitigation In-Hand 234,600' 84,600, 55,000 95,000 55,000, 25,000 12a500 2,500 2 Bonds/L.I.D.'s Formed _ Other In-Hand Grants Proposed , Mitigation Proposed L.I.D.'s Proposed Other Proposed . Undetermined 45,000 45,000 15,000 15,000 15,000 TOTAL SOURCES 404635 84,635 75,000 245,000. 75,000 50,000 30,000 30,000 30,000 30,000 Emiren 00/1&2006 6.40 AM 5-41 FINAL r vide SITE MAP OAKESDALE WETLAND MITIGATION PHASE I AND PHASE II F3� t - -., ,:::.',.:4f.'. lit . ' .+' � C <. �' ''�� .�4,a� � �i. 4;t•,,. r yah . ill �Ea ;$10:,;,‘ , ..,',.7 ..'-' ..i ''..•"'41.-* �� ;�, �c ��'a� r: r '44• c' '*. , •.14, li 41.:. f � � II 7 ++yy��7 ice,I,,, ,_:.:. , 5 '• 1"^" is �iek � ,-.,....',.::'f,..'-' r , ; ye l :'''' 0 ,/ ''*••I .„..,. ., ....,, ,.. . ..,, ,,.,14.-... . , gltmgq+om r • - 5 ' i'''''''''''.. -'11....'',' il,! . 44'..;:i'''''''''''''' c,.;„gamit. . . ;:,,,-.1,..: S 1 ` f ( ( . . 0 • • • •§1> • ••7'.. .. • // ...% �, f . West Valle Highway '•••• 4. ,.r'`'� F »...»_.—. _.»— . ...» ------------"-- .._.. 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EVERGREEN TREE / TALL GROWING SHRUG i: ' .21 ag, LOU/OREGON GRAPE HA1-10114 NERVO54 4'POTS 3'OC 235 DECIDUOUS TREE—' LOW GROWING SHRUB SALAI -�xw. GAULTHERIA SHALLON 4'POTS 3'00 155 Lrd�.w 530536RRT sTHPVgRICA3"oS ALMS IGAL 3•oc. B9 NOTE:HYDROSEEO WITH UPLAND SEED MIX,100 ,3,4>"'" . =al wig OVA O NOG/WA ROSE v� 1075A N11KdNA GAL !'OL BS ;i.'y , E.Vvu.rMAl HEnWy " 'p' 5 OCEANSPRAT HOL0015CUS DISCOLOR I GAL 3'00 15 '+�•' 666•614.1�'�'RAIo.TC TYPICAL TT E SLOPE PLANTING LAYOUT OSBOI NPACIPICGRCUP MC. 101.14 41.4011. 32 2 SCALE: 1"310' ,34 R Mkt ALL 0.4.3 AvaK.A1.3606.624I16060.11665 a.wwR.ON CITY OF RENTON COUNCIL AGENDA BILL AI#: t Submitting Data: PBPW For Agenda of: Le Dept/Div/Board.. Surface Water Utility December 11, 2006 Staff Contact Ron Straka, x7248 Agenda Status Consent X Subject: Public Hearing.. Ripley Lane North TIP - HUD Grant(B-02-SPWA- Correspondence.. 0758) Funding Transfer Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Flooding Pictures Information Ripley Lane North TIP Project Worksheet Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $646,683 Transfer/Amendment Amount Budgeted $646,683 Revenue Generated $146,683 Total Project Budget $646,683 City Share Total Project.. SUMMARY OF ACTION: Loo Approval is requested to use the remaining Housing and Urban Development(HUD) Grant(B-02- SPWA-0758) funding that is in the City's approved 2006 budget(Account Number 000.000000.023.3310.0014.20.000000) to fund the Transportation Improvement Program(TIP#12) Fund 317 budget for the Ripley Lane North project. The proposed 2007 TIP budget for the Ripley Lane North project is $500,000. The remaining 2006 HUD Grant funding of$146,683 will be added to the Ripley Lane North TIP project budget. The HUD grant funding in combination with the TIP funding will be used to make storm system improvements between the Port Quendall site and the east side of Ripley Lane North, in addition to the City sponsored street improvements to Ripley Lane North. The storm system improvements are needed to improve the existing storm system capacity to solve existing flooding of Ripley Lane North and upstream properties that are tributary to the existing Gypsy Sub-basin drainage course. The extent of the needed storm system improvements was not initially identified in the Ripley Lane North TIP project description. The cost associated with the additional storm system improvement will be partially offset by the HUD grant funds. The City was awarded the HUD grant for the Port Quendall Brownsfield Redevelopment. The original HUD grant amount was $300,000. A total of$153,317 of the HUD grant was used previously to fund work with WSDOT related to the I-405/NE 44th Street Interchange connections to the Port Quendall site and right-of-way plans (CAG 05-097, CAG-05-127). The Ripley Lane North TIP project is being sponsored by the City to facilitate the Port Quendall site redevelopment into the Seattle Seahawks Headquarters and Training Facility. Since the monies will not be needed until 2007, the appropriation authority to spend will be included in the 2006 Carryforward Budget Ordinance. STAFF RECOMMENDATION: Approve using the remaining Housing and Urban Development(HUD) Grant(B-02-SPWA-0758) funding that is in the City's approved 2006 budget(Acct.#000.000000.023.3310.0014.20.000000) to fund the Transportation Improvement Program (TIP#12) Fund 317 budget for the Ripley Lane North project to include street and storm system improvements. C:\DOCUME-1\B Walton\LOCALS—I\Temp\Project Funding Agnbill2.doc\RStp 0PLANNING/BUILDING/ ® , PUBLIC WORKS DEPARTMENT 11-4Y-1\TOMEMORANDUM DATE: December 1, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: J Kathy Keolker, May FROM: Gregg Zimmerma PW Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Engineering Supervisor(ext. 7248) SUBJECT: Ripley Lane North TIP - HUD Grant (B-02-SPWA-0758) Funding Transfer ISSUE: Should the Council approve using the remaining Housing and Urban Development (HUD) Grant (B-02-SPWA-0758) funding that is in the City's approved 2006 budget Now (Acct.# 000.000000.023.3310.0014.20.000000) to fund the Transportation Improvement Program (TIP #12) Fund 317 budget for the Ripley Lane North project to include street and storm system improvements? RECCOMENDATION: Approve using the remaining Housing and Urban Development (HUD) Grant (B-02- SPWA-0758) funding ($146,683) that is in the City's approved 2006 budget (Acct.# 000.000000.023.3310.0014.20.000000)to fund the Transportation Improvement Program (TIP #12) Fund 317 budget for the Ripley Lane North project to include street and storm system improvements. The appropriation authority to spend will be included as part of the 2006 Carryforward Budget Ordinance. BACKGROUND SUMMARY: The City was awarded the HUD grant for the Port Quendall Brownsfield Redevelopment. The original HUD grant amount was $300,000. A total of$153,317 of the HUD grant was used previously to fund work with WSDOT related to the I-405/NE 441x' Street interchange connections to the Port Quendall site and right-of-way plans (CAG 05-097, CAG-05-127). The remaining 2006 HUD Grant funding of$146,683 will be added to the proposed 2007 Ripley Lane North TIP project budget. Council/Ripley Lane HUD Grant December 1,2006 Page 2 of 2 The proposed 2007 TIP budget for the Ripley Lane North project is $500,000 (see attached TIP #12). The Ripley Lane North TIP project is being sponsored by the City to facilitate the Port Quendall site redevelopment into the Seattle Seahawks Headquarters and Training Facility. The HUD grant funding in combination with the TIP funding will be used to make the storm system improvements between the Port Quendall site and the east side of Ripley Lane North, in addition to the City sponsored street improvements to Ripley Lane North. The storm system improvements are needed to improve the existing storm system capacity to solve existing flooding of Ripley Lane North and upstream properties that are tributary to the existing Gypsy Sub-basin drainage course. The tributary drainage area upstream of Ripley Lane N is approximately 371 acres. The existing storm system consists of culverts that are 36-inches in diameter. Ripley Lane North and Lake Washington Boulevard, on the east side of I-405 flood during large storm events due to insufficient capacity in the storm system between the Port Quendall site and 1-405 (pictures attached). The extent of the needed storm system improvements was not initially identified in the Ripley Lane North TIP project description. The cost associated with the additional storm system improvement will be partially offset by the HUD grant funds. The storm system improvements will consist of replacing the culvert system with larger pipes that are sized to convey the future land use condition runoff for the upstream tributary area. The total cost of the storm system improvements between the Port Quendall site and the east side of Ripley Lane North, adjacent to I-405, is estimated to he $275,000. The proposed 2007 Ripley Lane North TIP project budget plus the proposed HUD grant funding is estimated to be sufficient to accomplish both the intended street improvements and storm system improvements. The storm system improvements will be done in coordination with the Seattle Seahawks Headquarters and Training Facility. CONCLUSION: Council approval to use of the remaining Housing and Urban Development (HUD) Grant (B-02-SPWA-0758) funding ($146,683) that is in the City's approved 2006 budget (Account Number 000.000000.023.3310.0014.20.000000) to fund the Transportation Improvement Program (TIP #12) Fund 317 budget for the Ripley Lane North project street and storm system improvements is recommended. Attachment cc: Alex Pietsch, EDNSP Administrator Peter Hahn, PBPW Deputy Administrator—Transportation Lys Hornsby, Utility Systems Director Linda Parks, Fiscal Services Director Jim Seitz, Transportation Planning and Program Supervisor H:\File Sys\SWP- Surface Water Projects\SWP-27- Surface Water Projects(CIP)\Ripley Lane Storm and Street Improvement Project\1003-City Cor\Project Funding Issue.doc\RStp xt t t • is i - t x �� �' ''----.t* 7,,,, 41111.;,- ' ,-,.,;%.*:416 .4,., ..,....,-,..., _ .-.fir. _ sal: c�P- s n,> Lake Washington Blvd- East of I-405 at Denny's • ',i3 -4,41f - • . rte+• :. 91a 06r-2006 Ripley Lane North OM M E 11111 NM NM 111111 S ! S O - 1111111i i um UM am um s CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2007 -2012 SIX-YEAR TIP Ripley Lane North Functional Classification: N/A Fund: 317 Proj. Length: N/A Proj: 12602 RANK: 12 CONTACT: John Hasty 425 430 7246 DESCRIPTION: STATUS: The project will make improvements on Ripley Lane North from Lake Washington Blvd N. to the street end to support future redevelopment plans. The project will pave four feet of shoulder on the west side of Ripley Lane N. from Lake Washington Blvd. N to the first residence, install pavement markings to delineate non-motorized traffic, re-stripe roadway, landscape,and potentially install chain link fence JUSTIFICATION: CHANGES: New project to support development plans. Funded :1 500,0001 Unfunded :f Project Totals Programmed Pre-2007 Six-Year Program ITEM Programmed Spent Pre-2006 2006 Total 2007 2008 2009 2010 2011 2012 EXPENSES: Protect Development 10,000 10,000 10,000 Precon Eng/Admin 57,000, 57,000 57,000 R-O-W(includes Admin) Construction Contract Fee 380,000 380,000 380,000 Construction Enq/Admin 38,000 38,000 38,000 Other 15,000 15,000 15,000 TOTAL EXPENSES 500,000 500,000 500,000 SOURCES OF FUNDS: Vehicle Fuel Tax _ Business License Fee Proposed Fund Balance Grants In-Hand Mitigation In-Hand 500,000 500,000 500,000 Bonds'/L I.D.'s Formed _ Other In-Hand(GF) Grants Proposed Mitigation Pro_posed L.I.D's Proposed Other Proposed Undetermined TOTAL SOURCES 500,000 500,000 500,000 Ridev U, 08/76/7CC6 9 40 AM 5-12 FINAL (.. r CITY OF RENTON COUNCIL AGENDA BILL AI#: , /,, Submitting Data: Planning/Building/Public Works For Agenda of: December 11, 2006 Dept/Div/Board.. Utility Systems Division/Surface Water Utility Staff Contact Ron Straka(ext. 7248) Agenda Status: Allen Quynn (ext. 7247) Consent X Subject: Public Hearing.. Consultant Contract with R.W. Beck, Inc., for the Correspondence.. Surface Water Design Manual Update Project Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Consultant Contract Scope of Work Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other I Fiscal Impact: Expenditure Required... $185,548 Transfer/Amendment Amount Budgeted $185,548 Revenue Generated Total Project Budget $236,000 City Share Total Project $236,000 SUMMARY OF ACTION: The purpose of this project is to develop a surface water design manual for the City of Renton. The current surface water design manual that is adopted by the City is the 1990 King County Surface Water Design Manual. The City's surface water design standards for new construction are outdated and need to be updated to meet the new regulatory requirements associated with the National Pollutant Discharge Elimination System(NPDES) Phase II Municipal Storm Water Permit, which will be issued in December of this year. Jurisdictions that fall under the Phase II permit must adopt a storm water manual that is equivalent to the Department of Ecology's 2005 Storm Water Management Manual for Western Washington, by December 2007. This contract is for the consultant to assist the City with the technical development and production of the City's new manual. The consultant, R.W. Beck, Inc., is listed on and selected from the Utility Systems Division's Annual Consultant Roster. The consultant contract will be funded through the approved 2006 Surface Water Utility capital improvement program budget for the Surface Water Manual Update project, which is $236,000. STAFF RECOMMENDATION: Approve the technical development and production of the City's new surface water design manual and authorize the Mayor and City Clerk to sign the consultant contract with R.W. Beck, Inc. in the amount of$185,548. kiksoof H:\File Sys\SWP- Surface Water Projects\SWP-27 -Surface Water Projects(CIP)\27-3129 Renton Stormwater Manual\1103-Consultant Contracts\agendabill.doc\AQtp &f0' O PLANNINGBUILDING/ cm, , PUBLIC WORKS DEPARTMENT • -wNrffo. MEMORANDUM DATE: December 4, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: sY- , Kathy Keolker, Mayor ` FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor ext. 7248) Allen Quynn, Surface Water Utility Engineer(ext. 7247) SUBJECT: Consultant Contract for the Surface Water Design Manual Update Project ISSUE: Should the City execute a consultant contract authorizing R. W. Beck, Inc., to assist the City with the technical development and production of a new surface water design manual? RECOMMENDATION: Execute a consultant contract with R. W. Beck, Inc., in the amount of$185,548, for the technical development and production of a new surface water design manual. BACKGROUND: The City's adopted current surface water design manual is the 1990 King County Surface Water Design Manual. Because this manual is outdated and does not meet current design standards and the regulatory requirements associated with the National Pollution Discharge Elimination System(NPDES) Phase II Municipal Storm Water Permit, the City will need to adopt a new manual that is compliant with the NPDES Phase II Permit. The Department of Ecology is scheduled to issue the Phase II NPDES Municipal Separate Storm Sewer Systems Permit on December 20, 2006. The NPDES Storm Water Permit is a requirement in the Federal Clean Water Act that applies to jurisdictions in urbanizing areas that have populations of less than 100,000. The NPDES Storm Water Permit will require jurisdictions to adopt a storm drainage manual that is equivalent to the Department of Ecology's 2005 Storm Water Management Manual for Western Washington by December 2007. In addition to meeting the NPDES Phase II Permit requirements, a new surface water Now manual will provide increased protection for people, property, and the environment by Council/R.W.Beck Storm Water Manual December 4,2006 Page 2 of 2 better controlling quantity and quality of storm water runoff quality from new construction. Ratepayers will also benefit as a result of lower maintenance and capital improvement costs to City-owned storm systems due to better flow control and water quality design standards. The improved storm water design standards will help reduce flooding, and better protect water quality and habitat in the City, which will help to maintain environmental resources in the City. The City code requires compliance with the 1990 King County Surface Water Design Manual, but the City has been requiring certain projects to comply with newer standards (2005 King County Surface Water Design Manual) as a SEPA condition. By producing a new surface water design manual that is based on current state regulations and best management practices, City development review staff and engineers will have a single source that governs surface water design rather than the current practice of having to follow several different design manuals depending on the type of project. The Surface Water Utility, in cooperation with the Development Services Division, has determined the best approach to developing a new manual is to produce a manual based on the 2005 King County Surface Water Design Manual. The King County manual will be compared with Ecology's 2005 Storm Water Manual with City staff reviewing and identifying specific parts from each manual to incorporate into the new manual. The county manual will also be evaluated to determine if it meets the minimum requirements of Ecology's manual in order to be in compliance with the NPDES Phase II Storm Water Permit. City policies regarding surface water will be reviewed and incorporated into the new manual where necessary to ensure consistency with City code. The new manual will also need to account for specific drainage conditions within Renton. The new surface water design manual will be presented to the City Council for adoption by ordinance. The approved 2006 budget for the Surface Water Design Manual Update is $236,000. The cost of the proposed consultant contract for development and production of the new surface water manual is $185,548. The remaining balance in the project account will be used to cover City staff time. The manual update is scheduled to be completed in the fall of 2007. It is anticipated that the new manual will be adopted by the City Council by the end of 2007. R. W. Beck was selected from the approved 2006 Utility Systems Annual Consultant Roster. CONCLUSION: The Planning/Building/Public Works Department recommends approval of a consultant contract, in the amount of$185,548, authorizing R. W. Beck, Inc., to complete technical development and production of an updated surface water design manual. cc: Lys Hornsby,Utility Systems Division Director H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3129 Renton Stormwater Manual\1103-Consultant Contracts\Issue Paper.doc\AQtp CITY OF RENTON SURFACE WATER DESIGN MANUAL UPDATE EXHIBIT A—SCOPE OF WORK Introduction The City of Renton's current surface water design standards need to be updated due to changing regulatory requirements associated with the pending NPDES Phase II Municipal Storm Water Permit. Currently the City uses the 1990 King County Surface Water Design Manual (KCSWDM) (although sometimes requiring the 20005 KCSWDM through the City's SEPA process). The 2005 KCSWDM and the Washington State Department of Ecology(Ecology) 2005 Stormwater Management Manual for Western Washington have superseded the 1990 drainage manual and associated developer standards for Western Washington. The purpose of this project is to develop an updated surface water design manual for the City of Renton. The City has decided to prepare a stand-alone manual based primarily on the 2005 KCSWDM. The purpose of the work described below is to: o tailor the 2005 KCSWDM to address the unique conditions within the City; o incorporate portions of the 2005 Ecology Manual as determined appropriate by the City; and o assess the ability of the City's manual to be deemed equivalent to the 2005 Ecology manual and the minimum requirements of the Phase II NPDES permit. Work is expected to proceed in a collaborative manner with the Consultant identifying the issues and options and the City identifying specific preferences or criteria they want Now, to have represented within their manual. Decisions will be made over the course of a number of meetings and documented through meeting minutes. The level of effort assumed for the various tasks described below relies on decisions being made in a timely manner without the need to revisit issues or past decisions as we proceed with the work. Scope of Work Task 1: Project Management The Consultant will perform the following project management activities over the anticipated 12-month project duration: 1. Project setup including developing a work plan, schedule and staffing assignments. 2. Conduct monthly financial administration, budget management, and invoicing. 3. Provide on-going project controls and monitoring for monthly project status reports 4. R. W. Beck will communicate on a regular basis with the City's project manager to review progress,coordinate project efforts, and resolve project issues. Rather than scheduling meetings specifically for project management, w 12/4/2006 CITY OF RENTON SURFACE WATER DESIGN MANUAL UPDATE EXHIBIT A— SCOPE OF WORK project management will be discussed as an additional agenda item at meetings scoped under other Tasks or via telephone. NS Assistance by the City o Communication with the project team Products o Project work plan/schedule, and budget o Monthly invoices and status report in a format approved by the City o Project communication Task 2: Drainage Review and Requirements The purpose of this task is to tailor the 2005 KCSWDM Chapter 1 requirements to the City of Renton needs. The Consultant will compare the minimum requirements of the 2005 KCSWDM and 2005 Ecology Manual and identify differences that will subsequently be discussed with the City to determine which requirements should be incorporated into the Renton manual. To assist in this effort the Consultant will prepare brief summaries regarding the various issues and options available to the City for the various issues listed below. Note that while other issues and options available will be additionally discussed, the listed issues below are those that are believed to be more significant and anticipated to require specific attention. The Consultant and the City will meet to discuss the issues and options. Decisions or outcomes of the meetings will be reflected in meeting minutes (appended to the summary memorandums submitted prior to the meetings)as well as in the preparation of the manual (Task 5). 2.1 Needs assessment - Meet with the City to identify needs and areas of special concern. Included will be special considerations concerning preferred stormwater practices and/or needs. One meeting is assumed. 22 Application of thresholds and comparison of KCSWDM and Ecology Manual— Review KCSWDM application of thresholds and requirements and compare them to the Ecology Manual. The purpose is to tailor thresholds of 2005 KCSWDM (or Ecology) to the preferences of the City. Consider implications of different thresholds. Up to 2 meetings are assumed. Specific attention shall be given to: o what to require for developments < 1 acre o what areas of the City can be included in the 40%rule (for existing conditions) o direct discharge exemption o redevelopment thresholds 2.3 Assessment of standards and methodologies - Review the water quality treatment and flow control levels in the 2005 KCSWDM and determine if they are appropriate for meeting the needs identified for the City. Contrast 2005 -.400* 2 12/4/2006 CITY OF RENTON SURFACE WATER DESIGN MANUAL UPDATE EXHIBIT A—SCOPE OF WORK KCSWDM standards with 2005 Ecology standards. If necessary,provide err recommendations for modifying the King County standards for application to address specific needs identified for the City. Recommendations for alternative standards will take into consideration the appropriate pre-developed conditions to be assumed in establishing the mitigation requirements. Also, consider methodologies (models)used by KCSWDM and Ecology and compare their advantages and disadvantages. Up to 3 meetings are assumed. 2.4 Mapping of area-specific requirements - Prepare draft maps of the City with the various control zones depicted. Up to 2 maps are assumed, one for water quality, one for flow control. Submit for review and comment, and then prepare a final draft version. It is assumed that the City will provide a base map for the Consultant use and that the City will be responsible for preparing final maps of the control zones for inclusion into the City's Stormwater regulations. One meeting is assumed. 2.5 Low impact development(LID) considerations—Review the implementation of LID as presented in the 2005 KCSWDM and Ecology manuals and determine if any modifications are required to be applied within the City. Included are considerations for thresholds for application, locations within the City where LID can be applied, incentives (credits) and maintenance requirements. Up to two meetings are assumed. 2.6 Review of relevant City ordinances—Review those City ordinances that may be a significant influencing factor in setting drainage thresholds and standards for the drainage manual. The ordinances include the Aquifer Protection Area Nome Ordinance, the Drainage Ordinance, Floodplain Hazard Ordinance, and the Environmental Areas Ordinance. Assistance by the City o Identification of specific requirements of the City to be represented within the manual (including relevant City ordinances) o Review of summary memorandums received in advance of meetings o Review and comment on meeting minutes appended to summary memorandums o Coordination and attendance at meetings Products o Brief summary memorandums (assume up to 6) o Summary table contrasting KCSWDM minimum Requirements and corresponding 2005 Ecology Manual minimum requirements o Meeting minutes (assume up to 9 appended to the appropriate summary memorandum) o Attendance at meetings (assume up to 9) o Draft maps of Area-Specific Requirements (assume 2, one for water quality, one for flow control) `�trr 3 12/4/2006 CITY OF RENTON SURFACE WATER DESIGN MANUAL UPDATE EXHIBIT A—SCOPE OF WORK Task 3: Submittal Requirements Nod The purpose of this task is to determine how to tailor Chapter 2 of the 2005 KCSWDM to the City of Renton. The City of Renton will take the lead in completing this task. The City will identify any issues where Consultant input is desired. The City will then draft Chapter 2 (submittal requirements) of the Renton Manual (or provide redlined markups of the 2005 KCSWDM chapter). An allowance of up to 16 hours of Consultant time has been assumed under this task for the purpose of preparing the estimate accompanying the scope of work. Assistance by the City o Review and determination of submittal requirements for the City o Coordination of meetings (if required) o Draft of Chapter 2 of the Renton Manual (or redlined markups of the 2005 KCSWDM chapter) Products o Assistance as requested by the City(up to 16 hours) Task 4: Develop Draft Changes to Chapters 3 through Appendices of KCSWDM 4100, This task will be led by the City and will include editing KCSWDM Chapters 3 through 6 and Appendices to reflect desired changes by the City of Renton. These changes shall consider such items as: • What has worked well or hasn't worked in applying the KCSWDM on past projects • Where the City feels there may be better way to manage drainage • Where the 2005 Ecology Manual may present a better method or standard • The outcome of the suggested threshold/standard changes developed under Task 2 for Chapter 1 During development of these draft changes, it is anticipated that the City will want input and collaboration by the Consultant to assist on decision making where necessary. This effort could be in the form of conference call discussions, meetings, issue papers, or technical analysis such as comparison of sizing requirements. The level of effort is difficult to estimate at this time and therefore an hour allowance of up to 104 hours is included under this task for Consultant Collaboration. Assistance by the City o Develop draft changes to KCSWDM Chapters 3 through 6 and Appendices. 4 12/4/2006 CITY OF RENTON SURFACE WATER DESIGN MANUAL UPDATE EXHIBIT A—SCOPE OF WORK o Requests for Consultant input/consultation Products o Input/consultation in a form requested by the City(up to 104 hours assumed) Task 5: Manual Preparation The purpose of this task is to prepare the specific chapters comprising the City of Renton Drainage Manual based on the results of Tasks 2 through 4. This task will be led by the Consultant. It is assumed that the City manual will include the sections described below, and that the main body of the City manual (described below in sections 5.1 through 5.4) will comprise approximately 400 pages. The Consultant will prepare a draft version of the manual and a final version. The Consultant will meet with the City up to 2 times, during development of the draft and after the draft in preparation of the final. 5.1 Guidance for Application of Renton Manual—introductory chapter providing definitions, regulatory framework(NPDES) overview of how City manual relates to the 2005 KCSWDM, and the basis for equivalency to the 2005 Ecology Manual (or minimum requirements of the NPDES permit); 5.2 Chapter 1. Drainage Review and Requirements—complete rewrite of Chapter 1 of the 2005 KCSWDM,tailored to the specific review requirements and core requirements used by the City. �.r 5.3 Chapter 2. Drainage Plan Submittal—This work would primarily include technical editing and incorporating City comments on the City draft. 5.4 Chapters 3 through the Appendices - This work would primarily include technical editing and incorporating City comments on the City draft. In addition, it would summarize (in a manner to be discussed with the City) how to present differences between the Renton Manual and the 2005 KCSWDM. Assistance by the City o Review and comment on submitted work products o Provide digital files for 2005 KCSWDM (included draft changes for Chapters 2 through the Appendices) Products o Draft Manual (three paper copies and one electronic copy) o Attendance at review meetings(assume up to 2) o Final Manual (one camera-ready copy, one electronic copy) o CD or DVD containing the manual and a compilation of all memorandums and meeting minutes developed in support of the manual (3 copies) 5 12/4/2006 CITY OF RENTON SURFACE WATER DESIGN MANUAL UPDATE EXHIBIT A—SCOPE OF WORK Task 6: Update of KCSWDM Graphics The City manual will include figures and graphics. In most cases,the graphics from the 2005 KCSWDM or 2005 Ecology Manual can be directly integrated into the City manual. However, some graphics will need to be modified to incorporate desired changes by the City of Renton. This task includes making changes to those graphics and incorporating them into the manual. For the purpose of budgeting, it is assumed that the City will obtain original digital files in a usable manor of these graphics and that changes will be made on up to 15 figures. As a separate effort the City will be updating its own standard details for drainage construction. Some of these City-provided details may also be integrated into the manual (possibly in the manual, or as an appendix). Assistance by the City o Obtaining digital graphics from Ecology, and King County Manual (note the current digital copies City has of the 2005 KCSWDM have important graphics, not usable as originals) o Update City Standard Details for drainage construction Products: o Draft manual figure modifications (up to 15) o Final manual figure modifications Task 7: City Council/Utilities Team Coordination and Decision Support This task includes preparation and attendance for up to 2 meetings with City senior level decision makers (e.g., Utilities Committee, City Council, or City Administrator and staff) to support decision making on the manual. Assistance by the City o Coordination of meetings o Preparation of meeting minutes Products: o Preparation and attendance for up to 2 meetings. Task 8: Ecology Coordination and Opinion of Equivalency This task includes contrasting City requirements with those of the 2005 Ecology manual and the formulation of an opinion as to potential for equivalency. Included will be ,.411111 6 12/4/2006 CITY OF RENTON SURFACE WATER DESIGN MANUAL UPDATE EXHIBIT A—SCOPE OF WORK coordination with the City and Ecology as necessary to get clarification on key issues. It 'Nka,,,e is assumed that coordination will not require any special studies that are intended to demonstrate equivalency. Products: o Attendance at up to 2 meetings with the City or Ecology o Brief letter memorandum providing an opinion of equivalency Schedule The overall project schedule incorporating coordination with the City at various stages of the project will be determined at the onset of project(Task 1). A project duration of 12 months is assumed to be compliant with the NPDES requirements. 7 12/4/2006 City of Renton .74" °iPtroJec44011nletY 'e;�;; ,- Surface Water Design Manual 11110#011. :7''; A � r Labor Revenue Summary 7oata,oru zi 8o; : a : . 4•Dec•06 ,1a , i = Added CITY OF RENTON COUNCIL AGENDA BILL AI#: , Submitting Data: For Agenda of: December 11, 2006 Dept/Div/Board.. City Attorney's office Staff Contact Zanetta Fontes Agenda Status Consent X Subject: Public Hearing.. Correspondence.. S. 43rd Widening/Deed from United Way Ordinance Resolution Old Business Exhibits: New Business Study Sessions Issue Paper Information Quit Claim Deed, KC Recording#9109160761 Recommended Action: Approvals: Legal Dept Council concur Finance Dept Other Fiscal Impact: Expenditure Required... None Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: A 15-year old land deed from United Way to the City was recently discovered to have an inaccurate legal description, such that United Way accidentally deeded far more land than was intended. The location of the land is at S. 43rd St. and Davis Ave. S. The deed must be corrected before the current buyer can purchase the land. United Way proposes to draft a Correction Deed to remedy the problem. However, the buyer has a financing deadline of December 15, 2006, so the Council must take action on December 11, 2006, in order to protect the sale of the property. STAFF RECOMMENDATION: Authorize the Mayor to sign an acceptance of a Correction Deed related to the conveyance of a portion of land at the intersection of Davis Ave S. and S. 43rd St Rentonnet/agnbill/ bh MEMORANDUM To: Hon. Randy Corman, Council President Members of the Renton City Council VIA: k,, Mayor Kathy Keolker From: Zanetta L. Fontes, Ass't City Attorney .`47 RE: S.43`'Street Widening/Deed from U Way Date: 11 December 2006 ISSUE: Whether to authorize the Mayor to sign an acceptance of a Correction Deed relating to land conveyed accidentally by United Way to the city of Renton in May, 1991? RECOMMENDATION: I recommend that the City Council authorize Mayor Keolker to sign an acceptance of a Correction Deed related to the conveyance of a portion of land at the intersection of Davis Ave. So. and So. 43`d Street. BACKGROUND SUMMARY: In 1991, United Way deeded land to the city for purposes of widening S. 43`d Street. This land is located at the southeast corner of the intersection of S. 43`d St. and Davis Ave. S. Unfortunately, the legal description that was provided in the deed was incorrect. Instead of the sliver of land that everyone thought was being conveyed, the legal description covered the entire parcel owned by United Way at the subject location. At that time, no one caught the error. The city widened S. 43`d using the sliver of land that staff thought had been conveyed. The city has not exercised any control over the portion of the land that was accidentally conveyed. For the past 15 years, United Way believed it still owned the land, minus the sliver of land it had intended to give to the city. However, recently, a third party Hon. Randy Corman, Council President • Members of the Renton City Council Re: South 43`d Street Conveyance Page 2 of 2 came forward, wanting to purchase the subject property. It was during this buy/sell process that the error came to light. Bob Mac Onie, the City's Mapping Supervisor, has reviewed the legal description in the original deed and determined that the legal description did not properly close. In any legal description, the final line must end at the point of beginning, to close the loop. There were a number of places in the legal description that could have accounted for this problem. As a consequence of the legal description being deficient, it is necessary for the grantor (or the buyer) of the land to obtain a survey and get a new and correct legal description. Thereafter, United Way proposes to draft a Correction Deed (there should not be any excise tax)with the new description of the sliver of land that everyone thought had initially been deeded. The buyer has financing arranged for the purchase. That financing may go away after December 15, 2006. Consequently, if the city is to get this corrected in time for the buyer's needs, then there needs to be Council action on December 11, 2006,the last council meeting of the year. CONCLUSION: Neither the city nor United Way intended to deed the whole of United Way's parcel to the city. United Way's intent was to deed a small portion of land to allow the city to widen S. 43rd Street. It was the city's intent to only accept that portion necessary for the widening. Therefore, to get the city and United Way into the position intended will require a Correction Deed. The recommended action is that the Council authorize the Mayor to accept the Correction Deed. cc: Jay Covington Gregg Zimmerman Robert Mac Onie Lawrence J.Warren Lt , ( . 7 STEWART TITLE COMPANY Tradition THIS SPACE PROVIDED FOR RECORDER'S USE-' • al Enceilence.. FILED FOR RECORD AT REQUEST OF 3 WHEN RECORDED RETURN TO Name City of Renton O1 O1 Address 200 Mill Avenue South ++ 00 Renton WA 98055 e4 City,State,Zip r 1J1 Quit Claim Deed 1.1313 No.12 THE GRANTOR N United Way of King County, successor in interest to the United Good .0 Neighbor Fund. O 0 for and in consideration of $10.00 (U conveys and quit claims to City of Renton the following described real estate, situated in the County of ,State of Washington: together with all after acquired title of the grantors)therein: Ring SEE Exhibit "A" N-4 Dated "f/.?-y Z , 19 / B President By 2 Secretary gSTATE OF WASHINGTON. I STATE OF WASHINGTON, ss County r K/AI 67. ss Countyof _ _ ) went a I hereby certify that I know or have satisfactory evidence That 1 Certify that I know or have fatlslactory evidence that A m - - ---------------- -------- V/Lh Q.//e.,/ V00/1- is the person(>L whe appeared before rn the garments)who appeared before TO, me.and said person()acknowledged that Hshs.theyl signed this instrument,on O and said personls)acknowledged that the.nhe,th"y)signed this instrument and oath stated that-- .SJfC-_- /s -_- authorised to execute G acknowfdeged it to be Ihis.her,msul tree and voluntary act for the uses and --"-""- p purposes mentioned in this instrument the instrument and acknowledged it as the _ to be the NM and voluntary act 01 such party ler the uses and purposes mentioned in this instrument. Da led — — Dated' e? /99/ C"'Notary Public in and for the Slate o1 Washington. N tary Public in and for the� —_ State of Washington. residing at s—_--_--. — residing at_ �3��we—l' _7 __ My appointment expires __---_-.- My appointment enpu">< SI .G .,9_ /'9_ r_3' "7-91 (2'—et 3c1-0/301// ,.594:a0.o02251a9)51 EXHIBIT"A" UNITED WAY OF KING COUNTY THE NORTH 390 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE KENT-RENTON COUNTY ROAD NO. 80 (AKA TALBOT RD. S., 96TH AVE. S. AND SPRING BROOK RD.); EXCEPT THE EAST 166.36 FEET THEREOF; AND EXCEPT THAT PORTION OF THE REMAINDER CONVEYED TO THE CITY OF RENTON, FOR WIDENING OF SOUTH 43RD STREET BY DEED RECORDED UNDER RECORDING NUMBER 7304100479; BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY, THENCE SOUTH 87° 18' 59" EAST, A DISTANCE OF 165.10 FEET; THENCE SOUTH 00° 59' 30" WEST A DISTANCE OF 11.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88° 08' 04" WEST, A DISTANCE OF 133.56 FEET; THENCE SOUTH 01° 51' 56" WEST A DISTANCE OF 3.00 FEET; THENCE NORTH 88° 08' 04" WEST A DISTANCE OF 7.00 ril GO FEET; THENCE NORTH 01° 51' 56" EAST A DISTANCE OF 3.00 FEET; i, THENCE NORTH 88° 08' 04" WEST A DISTANCE OF 6.12 FEET TO THE 0 BEGINNING OF A CURVE TO THE LEFT; THENCE SOUTHWESTERLY 9-4 ALONG SAID CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 25 cr) FEET THROUGH A CENTRAL ANGLE OF 74° 34' 50" AN ARC DISTANCE OF 0 32.54 FEET, TO A POINT OF TANGENCY; THENCE NORTH 00° 55' 36" EAST A DISTANCE OF 38.32 FEET TO THE POINT OF BEGINNING. 41P' l r I Submit to County Treasures of.the i, - - This form is your receipt when stamped counie in wtvch propety is located. - REAL ESTATE EXCISE TAX •- -. by cashier. Pay by cash or certified check to County Treasurer. CHAPTER 82.45 RCW PLEASE.TYPE 1)R PRINT CHAPTER 458-61 WAC Y THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ITEMS Q THROUGH Q ARE FULLY COMPLETED 0 Name _ Name ' CC cac cu I— J Z )._ J W<Q m CC W � Street Street - ` City - State ' � Zip .'5'"-" ' City � -'- � State Zip 0 :y - - , ALL TAX PARCEL NUMBERS NEW OWNER'S Name -- PERMANENT ADDRESS _ .. .a-3''')- '"'-- `- FOR ALL PROPERTY Street "" ''— '".-'`U F_ ' ..7 TAX RELATED CORRESPONDENCE City/State Ren'.--r, Zip f - 4 LEGAL DESCRIPTION OF PROPERTY SITUATED IN UNINCORPORATED COUNTY 0 OR IN CITY OF Rr'7'r'C.n 0 Is this property currently: YES NO Q Description of personal property if included in sale(furniture,ap- Classified or designated as forest land? Chapter 84.33 RCW pliances,etc.) Classified as current use land(open space, farm and agricultural,or timber)?Chapter 84.34 RCW ❑ El Exempt from If exemption claimed,explain 1 `• n=="tOn., a t, ._ p property tax under nonprofit ❑ , _ _ - organizations Chapter 84.36 RCW? ❑ %.117:—t._wa,. "ornora`for ._ �., .. _� ,..- r. eAemp'; Receiving special valuation as historic ❑ a property underlChapter 84.26 RCW? Type Property: U land only ❑ land with new building. Type of Document --''` '-- t"' ®�-�' Date of Sale or Conveyance Instrument Ma',r -., ❑ land with previously 0 land with mobile home Gross Sale Price 1/ $ .1.1!-':1C used building Personal Property(deduct)2/ $ SEE TAX OBLIGATIONS ON REVERSE SIDE Taxable Sale Price $ Q Excise Tax State 3/ $ (1) NOTICE OF CONTINUANCE (RCW)84.33 or RCW 84.34) Local 4/ $ If the new owner(s)of land that is classified or designated as current use or Delinquent Penalty 5/ S forest land wish(es)to continue the classification or designation of such land. Total Tax Due $ the new owner(s)must sign below.If the new owner(s)do(es)not desire to continue such classification or designation,all compensating or additional tax (SEE 1-5 ON REVERSE SIDE) calculated pursuant to RCW 84.33.120 and t40 or RCW 84.34.108 shall be due and payable by the seller or transferor at the time of sale.To determine if the y O land transferred qualifies to continue classification or designation,the county AFFIDAVIT - assessor must be consulted.All new owners must sign. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE This land 0 does 0 does not qualify AND CORRECT(see #6 on reverse for penalties). for continuance. DEPUTY ASSESSOR DATE SIGNATURE (3) NOTICE OF COMPLIANCE(Chapter 84.26 RCW) NAME (print) "1'-'' - .1" -‘,..:Zi. -:U. If the new owner(s) of property with special valuation as historic property "-''".'E: `f" s`° r``)-' ' ' wish(s)to continue this special valuation the new owner(s)must sign below.It DATE & PLACE OF SIGNING: the new owner(s)do(es)not desire to continue such special valuation,all addi- tionel tax calculated pursuant to Chapter 84.26 RCW,shall be due and payable SPECIFY(circle):grantor/grantee/grantor's agent/grantee's agent by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE Address of residence or place of buisness of person signing(specify): Telephone Number The following optional questions are requested by RCW 82.45.120 Is property at the time of sale: YES NO YES NO e. Does conveyance involve a trade,partial a. Subject to elderly,disability,or physical improvement interest corporate affiliates,related parties, 1❑ 2❑ exemption? 1❑ 2❑ trust,receivership or an estate? I. Is the grantee acting as a nominee for a third 1❑ 2❑ b. Does building, if any,have a heat pump or solar 1❑ 2❑ party? heating or cooling system? • g. Principal use: c. Does this conveyance divide a current parcel of land? 1❑ 2❑ 1 ❑agricultural 2❑ condominium 3 ❑ recreational d. Does sale include current crop or merchantable 1❑ 2 El El apt(4+units) 5❑ industrial 6 0 residential timber? 7 ❑commercial 8❑ mobile home 9 ❑ timber FOR TREASURER'S USE ONLY FORM REV 64 0030(5/a6) -1155- _.--_---__ IWed CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division December 11, 2006 Staff Contact Peter Hahn, x 7242 Agenda Status Consent X Subject: Public Hearing.. Rainier Ave/Hardie Ave Transit Improvement Project Correspondence.. PE/ED PS&E ROW Contract, CAG 06-082 Ordinance KPG, Inc., Supplemental Agreement 1 Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Supplemental Agreement 1 Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Risk Management Fiscal Impact: 317.12502.016.5950.0011.67.000000 Expenditure Required.. $ 200,000 Transfer/Amendment 0 Amount Budgeted $ 2,736,425 Revenue Generated $ Total Project Budget $19,000,000 (2006-2009) City Share Total Project.. $4,000,000 SUMMARY OF ACTION: This supplemental agreement provides for the design work needed to reimburse Burlington Northern Sante Fe Railroad (BNSF) for design of the longer railroad bridges needed to accommodate the street widenings for Hardie Ave SW and Rainier Ave S. BNSF will be preparing bridge designs intended for construction to be implemented by BNSF. BNSF will use its own consultants who are familiar with BNSF construction methods and design needs. The bridge design and construction are being accelerated for 2007 construction in order to take advantage of a period in time during 2007 when no rail traffic will be using the relevant sections of track. Some key material (steel) needs to be ordered in the next few weeks in order to make this time schedule, and the design has to be prepared immediately. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement 1 with KPG, Inc., in the amount of$200,000. H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2006\KPG BNSF Supp Agreement 1 Agenda Bill.doc ti`SY O� PLANNING/BUILDING/�% PUBLIC WORKS DEPARTMENT ', NryOti' MEMORANDUM DATE: December 11, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Ad,Kathy Keolker, Mayor FROM: Gregg Zimmerma> ' ministrator STAFF CONTACT: Peter Hahn, Deputy PBPW Administrator—Transportation(x7242) SUBJECT: Rainier Ave/Hardie Ave Transit Improvement Project PE/ED PS&E ROW Contract, CAG 06-082 KPG, Inc., Supplemental Agreement 1 ISSUE: Should the Mayor and City Clerk execute the proposed Supplemental Agreement 1 to modify the existing agreement with KPG, Inc. to provide additional design services not originally part of the scope of work for the purposes of funding Burlington Northern Santa Fe (BNSF) design of the Hardie Avenue SW and Rainier Avenue S railroad bridges which BNSF intends to replace in 2007. RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement 1 with KPG, Inc., in the amount of$200,000. BACKGROUND: On May 12, 2006, following approval by the Council, contract CAG-06-082 was executed with KPG, Inc. for$2,736,425 for design services for the Rainier Avenue 5/Hardie Avenue SW Transit Improvement Project PE/ED, PS&E, and ROW. As part of this street widening project, both railroad bridges over these two City arterials will need to be replaced. Late in 2006 BNSF had informed the City of Renton that it could construct the bridge replacement in 2007 and take advantage of a period of time in 2007 when no rail traffic will be using this part of the BNSF track(a route north of Gene Coulon Park will be providing the access to BNSF's customers, mainly Boeing, during this time). In order to be able to order steel for one of the bridges, design has to begin immediately. BNSF has informed the City that it wants to use its own Randy Corman,Council President Members of the Renton City Council Page 2 of 2 December 11,2006 bridge design consultants. The only way to meet the very short timelines is to have an agreement such as this,using the City's consultant for the project. The Transportation Systems Division recommends that Supplemental Agreement 1 to CAG 06-082 with KPG, Inc. for design services for the Rainier Ave/Hardie Ave Transit Improvement Project PE/ED, PS&E, ROW, be executed in the amount of$200,000. Attachments: CAG 06-082 Supplemental Agreement No. 1 cc: Peter Hahn,Deputy PBPW Administrator—Transportation Bob Hanson,Transportation Design Supervisor Derek Akesson,Transportation Design Project Manager File h:\division.s\transpor.tat\admin\agenda 2006\kpg bnsf supp agreement 1 issue paper.doc Supplemental Agreement 1 CONSULTANT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES for Rainier Ave/Hardie Ave Transit Improvement Project PE/ED, PS&E, ROW CAG-06-082 This Supplement no. 1 is made and entered into this day of , by and between the City of Renton,hereinafter called the"City",and KPG, Inc.,whose address is 753 9th Avenue North; Seattle,WA 98109,hereinafter called the"Consultant". WITNESSETH THAT: WHEREAS,the City engaged the services of the consultant under Engineering Consultant Agreement CAG-06-082,dated May 12,2006,to provide engineering services necessary for the project; and WHEREAS,the Burlington Northern Sante Fe(BNSF)railroad bridges over Hardie Ave and Rainier Ave will need to be replaced as part of the street widening project;and WHEREAS,BNSF has indicated in late 2006 that it is willing to design and construct the replacement bridges and will be using its own design consultant; and WHEREAS,the bridge replacement work can best be accomplished during 2007 when the section of track including these bridges can be shut down to rail traffic,thereby providing a number of important benefits for the project; and WHEREAS,the City and Consultant have determined that additional work for BNSF to prepare the construction plans and specifications for the bridge replacement work is needed and is described in Exhibit A—Scope of Work; NOW, THEREFORE, it is agreed that Engineering Consultant Agreement CAG-06-082 is amended to include the work and associated budget as follows: 1. The maximum amount payable for the additional work items defined in Exhibit A of this contract addendum is$200,000 and any or all of it requires prior authorization from the City. 2. The revised contract total payable for work on this contract addendum is increased from$2,736,425 to $2,936,425. 3. The time of completion of the scope of work under this supplement is December 30, 2007. All other provisions of Consultant Agreement CAG-06-082 dated May 12, 2006, shall apply to this addendum. KPG amendment no.1.doc Addendum/bh 12/99 EXECUTION IN WITNESS WHEREOF,the parties have executed this Supplemental Agreement 1 to ENGINEERING CONSULTANT AGREEMENT CAG-06-082 as of the day and year first afore written. CONSULTANT CITY OF RENTON Signature Date Kathy Keolker, Mayor KPG, Inc. Type or Print Name Title Bonnie I. Walton, City Clerk KPG amendment no.1.doc Addendum/bh 12/99 • Exhibit A City of Renton Rainier Ave/Hardie Ave Transit Improvement Project PE/ED PS&E ROW Contract CAG 06-082 KPG, Inc. Supplemental Agreement 1 Burlington Northern Santa Fe(BNSF)Railroad intends to replace the railroad bridges over Hardie Ave and Rainier Ave. BNSF intends to design the reconstructed bridge according to its own design and construction criteria. For that purpose,BNSF will use its own design consultants who are familiar with its needs and construction methodologies. The design costs for the bridge replacement will be paid by KPG since the original contract between the City of Renton and KPG did include the costs of bridge design. There is expected to be a reduction in the original scope of work intended for bridge design, but a significant amount of work has already been done. The amount of reduction has yet to be determined. The general description of the bridge design work is included in Exhibit A-1 of the original contract between the City of Renton and KPG, Inc. The design work to be done by BNSF's consultants would include similar scope. KPG amendment no.1.doc Addendum/bh 12/99 ny :rf^n5.. x/'19�*+.n�a/R� b 7 G.ati✓rVC;L Date /O-1402a06' COMMITTEE OF THE WHOLE COMMITTEE REPORT December 11, 2006 Parking Garage Agreement for The Landing (DecemberIl/, 2006) The Committee of the Whole recommends concurrence in the staff recommendation to approve a Parking Garage Agreement with Transwestern Harvest Lakeshore LLC (THL) for the Landing, an urban village development located on property formerly a part of the Boeing Renton Plant. The establishment of a public parking garage in the development will allow a higher intensity project, with more retail and restaurant square footage and a more urban atmosphere. Additionally, it will help relieve a challenging parking situation at nearby Coulon Park. The City is obligated under the 2003 Development Agreement to invest up to 2/3rds of anticipated tax revenues from redevelopment in public infrastructure that will support and enhance the development. Sufficient revenues remain under the 2/3rds rule to complete the road and utility infrastructure construction that is already underway and finance the purchase of a parking garage. Key provisions of the agreement include: • THL agrees to sell the garage (and the underlying land) to the City for the lesser of actual cost or $12.5 million. The current cost estimate for parking garage is $15.3 million. • The City will not actually purchase the garage until The Landing reaches 70% occupancy (including a Target store and a multi-screen cinema). At that time, the City pays THL$10.8 million. • If The Landing achieves 90% occupancy within the 36 months after the initial 70% occupancy threshold is achieved, the City pays THL an additional$1.7 million. • If, for some reason, the garage is not completed or if the 70% occupancy threshold is not achieved by December 31, 2010, the City has no further obligation to purchase the garage. • The garage will be operated and maintained by THL at no cost to the City. The terms of a Maintenance and Operating Agreement are in draft form and are attached to the Purchase Agreement. They will be finalized prior to execution of the Purchase Agreement. • The City will have the opportunity to have an independent architect review the architectural and engineering plans for the garage prior to permit submittal as well as the completed garage prior to purchase to ensure the quality and integrity of the design and construction. The proposed Purchase Agreement ensures that the City will invest those funds by purchasing a public parking garage when and if sufficient retail activity is taking place at The Landing in order to support the necessary debt service at a purchase price that is either at, but likely, well below the facility's actual cost. The Committee further recommends that the Mayor and City Clerk be authorized to sign the Parking Garage Agreement. 2,zo R dy Corman, Council President cc: J,ry€uviagten Alex Pietsch Mike Bailey Larry Warren N777 nt!En BY 1 CTiT U; UN= COMMITTEE OF THE WHOLE COMMITTEE REPORT Date lo?-/1- OO& December 11, 2006 ADOPTION OF THE 2007 BUDGET ORDINANCES,AS FOLLOWS: PROPERTY TAX LEVY GOLF COURSE GREENS FEES RECREATION FEES 2007 BUDGET Referred October 16,2006 Property Tax Levy A revised preliminary property tax worksheet recently provided by King County has a revised estimate for total general government property taxes of$23,466,451, based on $248,587,985 in new construction. The County does not finalize the property tax estimate until near the end of December. The 2007 budget estimate, assuming new construction of $300 million and property taxes of $23,646,892, is recommended. Golf Course Greens Fees The Committee recommends that certain Golf Course Greens fees be increased. Recreation Fees The Committee recommends that certain Recreation fees and rates be increased. 2007 Budget The Committee recommends adoption of the 2007 Budget, including the following changes as proposed in the preliminary budget: • General Fund--Increase the revenue estimate for property taxes by$1.9 million. • General Fund--Increase the revenue estimate for sales taxes by$1.7 million. • In 2007, as required by the State of Washington, increase the City's contributions to the mandatory retirement system by an average of 44.5%. • Employee Health Insurance -- Increase of the cost of employee health insurance, anticipated at 10% for 2007. • Executive budget--increase by$15,000 in order to conduct a citizen survey. • City Clerk's office--add 0.5 FTE($36,000)for a Records Assistant. • Economic Development, Neighborhoods and Strategic Planning Department -- increase of$75,000 for Census Enumeration and increase of$300,000 for downtown way-finding and gateway signage, and for a study to better link the downtown with other commercial centers. • Fire Department--add 2.0 FTEs($219,000) for emergency management and administrative support. • Library--Restore 1.0 FTE($88,000),which was cut in the 2005 budget. • Community Services--Add 1.0 FTE($100,000) for a Parks Maintenance Worker. • Human Services—add$157,000 to Human Service Programs. • Aquatics--Add additional program hours to the Henry Moses Aquatic Center. • Finance and Information Services Department—Add 1.0 FTE ($80,000) for a new position that will coordinate the city's investment program and conduct internal audits of city accounts and add 1.0 FTE to Information Services for Help Desk Support. • Human Resources and Risk Management Department—Add 2.0 FTEs($166,000). • Planning/Building/Public Works Department— Add 1.0 FTE for a Street Maintenance Worker, add 1.0 FTE for a Construction Inspector,and add 1.0 FTE for a code Compliance Officer. • Police Department — Add 2.0 FTEs for Jail Transport and 2.0 FTEs for Patrol Officers, effective January 1,2007. • Increase overtime budget by $150,000 for a neighborhood traffic enforcement pilot program and crime reduction emphasis in the Highlands neighborhood.. COMMITTEE OF THE WHOLE COMMITTEE REPORT ADOPTION OF THE 2007 BUDGET ORDINANCES December 4,2006 Page 2 • General Governmental Funds — Use $300,000 of the General Governmental fund balance for significant replacements of equipment in the Fire Department. • Debt Services Fund / Capital Improvement Fund -- Transfer of$1.5 million fund balance from the Debt Services Fund to the Capital Improvement Fund (Fund 316) for the purpose of investing in capital improvements and major maintenance of city facilities. • Fund 316--Increase by$2.0 million the fund reserves. • Funds 317 and 318 --A total of$36,416,027 for transportation improvement projects, an increase of $18,132,327 over the prior year. • Municipal Court Judge — Increase by $2,308 the Judge's salary and benefits budget in order to comply with Senate Bill 5454, the Municipal Judges Compensation Standard, established by the State of Washington. • Utilities--Add 1.0 FTE in water and surface water systems each for a total increase of 2.0 FTEs • Solid Waste--Add.5 FTE to continue the Clean Sweep Renton program. The Committee recommends a total, balanced 2007 Budget of$210,861,478 and increases to ending fund balance of$1,778,193 for a total budget with fund balances of$212,639,671. The Committee also agrees that the following items will be considered during the first quarter of 2007: property tax increases, aquatic center fees, consideration of hydrology matters, permanent restroom at downtown transit center. The Committee further recommends that the ordinances regarding these matters be presented for first reading) akid " feadi'r� R. dy Corman, -ity Council President cc: Jay Covington,CAO Marty Wine,Assistant CAO Mike Bailey,Finance&IS Administrator Linda Parks,Fiscal Services Director Bang Parkinson,Finance Analyst Supervisor FINANCE COMMITTEE REPORT .¢7 r R � December 11, 2006 Date 42-ii" o?DDP APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on December 11, 2006, claim vouchers 254893- 255233 and 3 wire transfers, totaling $3,631,742.44 , and 633 direct deposits, payroll vouchers 66749-66894, and 1 wire transfer, totaling $1,998,225.22 e / Don Persson, Chair &az: /etAtr_ Denis Law, Vice-Chair Toni Nelson, Mem ser TRANSPORTATION/AVIATION COMMITTEE 7 7 ; ry COMMITTEE REPORT C:17 Date IL-11:20.E... December 11, 2006 Supplement 6 to Berger/Abam Engineers, Inc. Design Agreement for Duvall Avenue NE Widening Project, CAG 03-131 (Referred December 4, 2006) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to transfer$388,800 from the construction phase to the preliminary engineering(design)phase of this project and to authorize the Mayor and City Clerk to execute Supplemental Agreement 6 with Berger/Abam, Inc. in the amount of$482,000. n /O. , Marcie Palmer, Chair Don Persson, Vice-Chair r Terri Briere, ember cc: Gregg Zimmerman,P.E.,PBPW Administrator Peter Hahn,Deputy PBPW Administrator—Transportation Bob Hanson,Transportation Design Supervisor James Wilhoit,Project Manager Connie Brundage,Transportation Administrative Secretary Jennifer Jorgenson,Secretary PLANNING & DEVELOPMENT COMMITTEE 7,7 COMMITTEE REPORT Date.1'-//- 206 December 11,2006 Defoor Short Plat Appeal Withdrawal SHP-05-089 (Referred July 17,2006) The Planning and Development Committee reports withdrawal of the Defoor Short Plat appeal, which was referred July 17, 2006. The Committee, therefore, recommends the referral be closed. Terri Briere Chair 4:)&1/1., Dan Clawson,Vice air /, 7 ',/i Q,�cc� Marcie Palmer,Member cc: Jennifer Henning Jill Ding Zanetta Fontes Fred Kaufman PLANNING AND DEVELOPMENT COMMITTEE rr rAT !BY 1 COMMITTEEE REPORT CTI CSUNCil. December 11,2006 Date 1 -1/- Request to Remove Restrictive Covenants Dalpay Property Referred November 27, 2006 The Planning and Development Committee concurs with the staff recommendation to remove restrictive covenants placed on the Dalpay properties (tax#30423059273, #0423059273, #142305235) in 1984, and recorded as King County document#8404300578. The properties are located at the northwest quadrant of the intersection of NE 12th Street and Union Avenue NE. Mr. James Dalpay,property owner,has requested consideration of this action. Staff concurs due to conflicts between the recorded restrictions and current Comprehensive Plan policy. 1 / Terri Briere, hair Ai... _ • Dan Clawson, Vice-Chair WaltriL Marcie Palmer,Member cc.. iJeyevringterr Alex Pietsch Neil Watts Rebecca Lind Jennifer Henning UTILITIES COMMITTEE . r? COMMITTEE REPORT iL A2-II- A.06 December 11, 2006 Water Main Improvements in NW 6th Street Request for Reimbursement for Developer's Extension of Water Main (November 27, 2006) The Utilities Committee recommends concurrence of the staff recommendation to approve the request for reimbursement in the total amount of$53,750.00 from JDA Group LLC, for costs related to the installation of a new 8-inch water line in NW 6th Street as requested by the City's Water Utility section. City Code allows developers to request the City to participate in the cost of the utility improvement when the City requires a route for the utility that is more expensive than other potential routes for the best interest of the City and the general locality. aNNO_/4"' Dan Clawson, Chair Terri Briere, Vi e Chair 44t,/,(1;1 (A1 41.4r- Denis W. Law, Member cc: Lys Hornsby,Utility Systems Director Abdoul Gafour,Water Utility Supervisor l9doo/ed i -//-SOO CITY OF RENTON, WASHINGTON RESOLUTION NO. J g 4/7 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (COTTAGES AT HONEY CREEK, FILE NO. LUA-06-041FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting of approximately 4.1 acres, is located at 4821 NE Sunset Blvd.) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated December 1, 2006. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1229:12/05/06:ma 2 LEGAL DESCRIPTION PARCEL 'As TRACT 6, JOSEPH P. MARSHALL TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 38 OF PLATS, PAGE(S) 30, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 530 FEET THEREOF; AND EXCEPT THAT PORTION OF TRACT 6 OF JOSEPH P. MARSHALL TRACTS, VOLUME 38 OF PLATS, PAGE(S) 30, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH UNE OF SAID TRACT 6 AT A POINT 100 FEET WEST, AS MEASURED AT RIGHT ANGLES, OF THE EAST UNE THEREOF; THENCE SOUTH PARALLEL TO SAID EAST UNE A DISTANCE OF 200 FEET; THENCE WEST PARALLEL TO THE SOUTH UNE OF SAID TRACT 6 A DISTANCE OF 140 FEET; THENCE NORTH PARALLEL TO SAID EAST LINE OF SAID TRACT TO THE NORTH UNE THEREOF; THENCE NORTHEASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 741907, ITEM 6 BY THE STATE OF WASHINGTON FOR HIGHWAY SR 900. PARCEL "6" THE NORTH 200 FEET (MEASURED ALONG THE EAST UNE) OF THE WEST 140 FEET OF THE EAST 240 FEET MEASURED AT RIGHT ANGLES TO THE EAST UNE OF TRACT 6 OF JOSEPH MARSHALL TRACTS, AS PER PLAT RECORDED IN VOLUME 388 OF PLATS, PAGE 30, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION DEEDED TO THE STATE OF WASHINGTON IN KING COUNTY SUPERIOR COURT CAUSE 741907, LYING NORTHERLY OF A LINT DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 70 FEET DISTANT SOUTHERLY, WHEN MEASURED AT RIGHT ANGLES FROM THE CENTERUNE SURVEY OF SR 900, 116TH AVE S.E., TO 138TH AVE. S.E. AT HIGHWAY ENGINEER'S STATION 180+00; THENCE EASTERLY 250 FEET, MORE OR LESS, 0 A POINT 65 FEET DISTANT SOUTHWESTERLY, WHEN MEASURED AT RIGHT ANGLES FROM SAID CENTERUNE CENTERLINE AT HIGHWAY ENGINEER'S STATION 182.50, AND THE END OF THIS UNE DESCRIPTION. DUVALL AVE. N.E. gS z n' [.. ..'11111 FIELD AVE. N.E. N HOQUIAM AVE. N.E. //dopled 1;4/46'6'6 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3,4 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (SAVANNAH AT THE PARK; FILE NO. LUA 06-127 FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS,the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 • RESOLUTION NO. (The property, consisting of approximately 1.73 acres, is located in the vicinity of the 900 block of Union Avenue NE) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated November 16, 2006. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1228:11/3 0/06:ma 2 • EXHIBIT A Legal Description of Property BEGINNING 649.00 FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. THENCE NORTH 88°48'18"WEST 30.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°48'18"WEST 269.99 FEET; THENCE NORTH 00°25'03"WEST 103.00 FEET; THENCE NORTH 88°48'18"WEST 197.51 FEET TO THE INTERSECTION OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 7,BLOCK 2 OF CUSTAFSON ADDITION ACCORDING TO THE PLAT THEREOF,RECORDED IN VOLUME 120 OF PLATS,PAGE 24,IN KING COUNTY,WASHINGTON; THENCE NORTH 00°38'25"EAST ALONG SAID SOUTHERLY EXTENSION 103.98 FEET TO THE SOUTH LINE OF SAID BLOCK 2; THENCE SOUTH 88°24'10"EAST ALONG SAID SOUTH LINE 463.87 FEET TO THE WEST MARGIN OF UNION AVENUE NE; THENCE SOUTH 00°25'03"EAST,ALONG THE SAID MARGIN 203.76 FEET TO THE TRUE POINT OF BEGINNING. • (ALSO KNOWN AS LOT 2,CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-92-159 LLA,RECORDED UNDER RECORDING NO. 9301209004). SITUATE IN THE CITY OF RENTON,COUNTY OF KING,STATE OF WASHINGTON VICINITY MAP N.T.S. • W z o U \ Z Q W ~ a' NE 8TH ST SITE Z NE 10TH ST NE 10TH ST f./r// NE 8TH ST /S1C- a 4read%r►9 r Q6/0/O11i'o 17 /a-//-.00b CITY OF RENTON, WASHINGTON ORDINANCE NO. Jo/' i1 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, DESIGNATING A PLANNED ACTION FOR SUB-DISTRICT 1-B OF THE BOEING RENTON PLANT PROPERTY, AN APPROXIMATELY 51 ACRE PARCEL BOUNDED BY LOGAN AVENUE N., GARDEN AVENUE N., NORTH 8TH STREET, AND 6TH STREET. WHEREAS,RCW 43.21C.031 and WAC 197-11-164, - 168, and - 172 allow and govern the application of a Planned Action designation; and WHEREAS, an Environmental Impact Statement (EIS) entitled the "Boeing Renton Comprehensive Plan Amendment EIS"has been prepared to study the impacts of redeveloping a portion of Boeing's Renton Plant property; and WHEREAS, the EIS analyzed the potential environmental impacts of mixed-use development on that portion of the Boeing Renton Plant known as Sub-District 1-B (see Exhibit A); and WHEREAS,by Ordinance No. 5026, the City has amended the Comprehensive Plan Land Use Map for the Boeing Renton Plant from Employment Area—Industrial (EA-I), Employment Area—Transition(EA-T) and Employment Area Office (EA-O) to Urban Center North (UC-N); and WHEREAS,by Ordinance. No. 5027, the City has amended the Zoning Map for the Boeing Renton Plant from Center Office Residential (COR) and Commercial Office (CO), to Urban Center North 1 (UC-N1); and WHEREAS, in 2003, the City and Boeing entered into a Development Agreement based on the analysis in the EIS, which is recorded under King County recording number 20031210001637 ("Boeing Development Agreement"); and 1 ORDINANCE NO. WHEREAS, on November 7, 2005, the City approved a Conceptual Plan for Sub- District 1-B ("1B Conceptual Plan"), attached as Exhibit B; and WHEREAS, an Environmental Consistency Analysis has been prepared for Sub-District 1B, which compares the proposed 1B Conceptual Plan to the range of development alternatives analyzed in the EIS; and WHEREAS, this Ordinance designates certain land uses and activities within Sub- District 1-B as "Planned Actions" that are consistent with the Urban Center North 1 (UC-N1) designation and zone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Purpose. The City of Renton declares that the purpose of this ordinance is to: A. Set forth a procedure designating certain project actions within Sub-District 1-B as "Planned Actions" consistent with state law, RCW 43.21C.031; and B. Provide the public with an understanding as to what constitutes a Planned Action and how land use applications which qualify as Planned Actions within Sub-District 1-B will be processed by the City; and C. Streamline and expedite future land use permit review processes for development in the Sub-District 1-B area that is consistent with the 1B Conceptual Plan by relying on existing detailed environmental analysis for this area. SECTION II. Findings. The City Council finds that: 2 • ORDINANCE NO. A. The EIS addresses all significant environmental impacts associated with the scenarios described in the EIS for Alternatives 1, 2, 3, and 4 as referenced therein, and the 1B Conceptual Plan is encompassed by and consistent with those Alternatives; and B. The mitigation measures contained in the Boeing Development Agreement, together with the City's development standards, and standard mitigation fees (Parks, Fire and Traffic), are adequate to mitigate any significant adverse environmental impacts of the proposed 1B Conceptual Plan; and C. The expedited permit review procedure set forth in this Ordinance is and will be a benefit to the public, will protect the environment, and will enhance economic development; and D. Opportunities for public involvement have been provided as part of the Comprehensive Plan redesignation, the Boeing Plant rezone, the EIS, and the Conceptual Plan review and approval process for Sub-District 1-B. SECTION III. Designation of Planned Action; Procedure and Criteria for Evaluating and Establishing Projects as Planned Actions. A. Planned Action Designated. The Planned Action designation shall apply to the Sub-District 1-B site, as shown on Exhibit A, and associated off-site improvements. Uses and activities described in the 1B Conceptual Plan, attached as Exhibit B, subject to the thresholds described in Alternatives 1, 2, 3, and 4 analyzed in the EIS, and subject to the mitigation measures required by City Codes or contained in the Boeing Development Agreement, are designated Planned Actions pursuant to RCW 43.21.C.031. Additionally, the Planned Action designation shall apply to any off-site improvements necessitated by the proposed development on Sub-District 1B, where the off-site improvements have been analyzed in the EIS. 3 ORDINANCE NO. B. Environmental Document. A Planned Action designation for a site-specific permit application shall be based on the environmental analysis contained in the EIS. The Development Agreement, together with existing City codes, ordinances, standard mitigation fees, and standards, shall provide the framework for a decision by the City to impose conditions on a Planned Action project. Other environmental documents incorporated by reference in the EIS may also be utilized to assist in analyzing impacts and determining appropriate mitigation measures. C. Planned Action Review Criteria. 1. The Director of Development Services, or the Director's designee, is hereby authorized to designate a project application as a Planned Action pursuant to RCW 43.21C.031(2)(a), if the project application meets WAC 197-11-172 and all of the following conditions: a) The project is located on Sub-District 1-B, or is an off-site improvement directly related to a proposed development on Sub-District 1-B; and b) The project is consistent with the Renton Comprehensive Plan adopted under RCW 36.70A; and c) The Director has determined that the project's significant environmental impacts have been adequately addressed in the EIS by reviewing the environmental checklist or other project review form as specified in WAC 190-11-315; and d) The project complies with the Planned Action threshold described in this Ordinance; and e) The Director has determined that the project's significant impacts have been mitigated through the application of the Boeing Development Agreement, as well as 4 • ORDINANCE NO. other City requirements, standard mitigation fees, and conditions, which together constitute sufficient mitigation for any significant environmental impacts associated with Sub-District 1-B development; and f) The proposed project complies with all applicable local, state and federal regulations, and where appropriate, needed variances or modifications or other special permits have been requested; and g) The proposed project is not an essential public facility. D. Effect of Planned Action. 1. Upon designation by the Director that the project qualifies as a Planned Action, the project shall not be subject to a SEPA threshold determination, an environmental impact statement (EIS), or any additional review under SEPA. 2. Designation as a Planned Action means that a proposed project has been reviewed in accordance with this Ordinance, and found to be consistent with the development parameters and environmental analysis included in the EIS. 3. Planned Actions will not be subject to further procedural review under SEPA. However, projects will be subject to conditions designed to mitigate any environmental impacts which may result from the project proposal, and projects will be subject to whatever permit requirements are deemed appropriate by the City under State and City laws and ordinances. 4. Amendments of the approved Sub-District 1B Conceptual Plan may be approved administratively, so long as such amendments remain consistent with the spirit and intent of the adopted Plan. For development of Sub-District lB qualifying as a planned action pursuant to this Ordinance, a proposed amendment of the Sub-District 1B Conceptual Plan is 5 ORDINANCE NO. consistent with the adopted Plan's spirit and intent if such amendment does not exceed the maximum development parameters analyzed in the EIS. If amendments of the approved Sub- District lB Conceptual Plan exceed the maximum development parameters reviewed in the EIS, supplemental environmental review may be required under the SEPA rules. E. Planned Action Permit Process. The Director shall establish a procedure to review projects and to determine whether they meet the criteria as Planned Actions under State laws and City codes and ordinances. The procedure shall consist, at a minimum, of the following: 1. Development applications shall meet the requirements of RMC Chapters 4-8 and 4-9. Applications shall be made on forms provided by the Department and shall include a SEPA checklist or revised SEPA checklist [where approved through WAC 197-11-315(2)] or such other environmental review forms provided by the Planning/Building/Public Work Department. The checklist may be incorporated into the form of an application; 2. The Director shall determine whether the application is complete as provided in RMC Chapter 4-8. 3. If the project application is within Sub-District 1-B, the application shall be reviewed to determine whether the proposed application is consistent with and meets all of the qualifications specified in section III of this Ordinance. 4. Upon review of a complete application by the City, the Director shall determine whether the project qualifies as a Planned Action. If the project does qualify, the Director shall notify the applicant, and the project shall proceed in accordance with the appropriate permit procedure, except that no additional SEPA review, threshold determination, or EIS shall be required. 6 • ORDINANCE NO. 5. Public notice for projects that qualify as Planned Actions shall be tied to the underlying permit. If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a Planned Action. If notice is not otherwise required for the underlying permit, no notice is required. 6. If a project does not qualify as a Planned Action, the Director shall notify the applicant and prescribe an appropriate SEPA review procedure consistent with City SEPA procedures and state laws. The notice to the applicant shall describe the elements of the application that result in disqualification as a Planned Action. 7. Projects disqualified as a Planned Action may use or incorporate relevant elements of the EIS, as well as other environmental documents to assist in meeting SEPA requirements. The Environmental Review Committee may choose to limit the scope of the SEPA review to those issues and environmental impacts not previously addressed in the EIS. SECTION IV. Validity Period. This Planned Action Ordinance shall be reviewed no later than December 31, 2016, by the Development Services Director to determine its continuing validity with respect to the environmental conditions of the subject site and vicinity and applicability of Planned Action requirements. Based upon this review, the Ordinance may be amended as needed, and another validity period may be specified. SECTION V. Conflict. In the event of a conflict between the Ordinance or any mitigation measures imposed pursuant thereto and any other ordinance, or regulation of the City, the provisions of this Ordinance shall control, EXCEPT that provision of any Uniform Code shall supersede. SECTION VI. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or its application be declared unconstitutional or invalid for 7 ' ORDINANCE NO. any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to any other person or situation. SECTION VII. This ordinance shall be effective upon its passage, approval, and five 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. 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North District urban Center Sub-areas .stricts Subject to Conceptual Plan Approval ' ' Note:District boundaries include dedicated R-O-W '\ Economic Development.Neighborhoods and Strategn;Planning Exhibit A k 1Zak,: k Aminao-.om G.Del Ruunu -0A T, I)Novnrniw 2003 THE BOEING COMPANY CONCEPTUAL REDEVELOPMENT PLAN SUB-DISTRICT 1-B Submitted to the City of Renton October 3,2005 Exhibit B CONCEPTUAL REDEVELOPMENT PLAN Sub-District 1-B Renton, Washington Background The Boeing Company has been working with the City of Renton since early 2003 to evaluate potential redevelopment strategies associated with its 737 facility in Renton, Washington (the"Renton Plant Site"). In December 2003, The Boeing Company and The City of Renton entered into a Development Agreement that established certain roles and responsibilities for the potential phased redevelopment of all or a portion of the Renton Plant Site, including: ■ Renton commitments to fund and construct certain public infrastructure improvements; • Boeing commitments to fund certain private aspects of redevelopment; and • Boeing commitments to complete Conceptual Plans when it elects to subdivide, develop, sell, or otherwise alter any property for uses not related to airplane manufacturing. Per the terms of the Development Agreement, Conceptual Planning was anticipated to occur incrementally, and would be completed for three discrete areas of the Site, known as Sub-Districts 1-A and 1-B, and District 2 (see Exhibit 1). City Council approved Boeing's Conceptual Plan for Sub-District 1-A in December 2003 and amended it in October 2004. Boeing subsequently sold this portion of the Site to Harvest Partners in December 2004. Harvest Partners is currently refining its development plan for Sub-District 1-A, which is also sometimes referred to as both Lots 1 —4 and Lakeshore Landing. Harvest Partners' preliminary planning anticipates the development of an urban retail center containing approximately 800,000 square feet of retail, with the potential for additional hotel,office space and multifamily residential units. Construction of the retail project is anticipated to begin in 2006. Sub-District 1-B Sub-District 1-B is located immediately to the south of Lakeshore Landing, as illustrated on Exhibit 2, and totals approximately 50.7 acres, net of that portion which has been reserved for the extension of a four-lane 8th Avenue between Logan and Park Avenues. As is outlined within the 2003 Development Agreement, the construction of two new lanes along this segment of 8th is necessary to support the redevelopment of Sub-District 1-B (see Exhibit 3). Page I of 9 October 3,2005 The City of Renton is currently completing its design for this segment of 8`h Avenue, and expects to begin building at least the two northern-most lanes in March, 2006, simultaneous with the other infrastructure improvements necessary to support the redevelopment of Sub-District I-A. Ultimately, two additional lanes (to the south) along this same segment of 8th will be required to support the redevelopment of District 2. Harvest Partners has a Right of First Offer to purchase a portion of the Sub-District which totals approximately 21.2 acres (see Exhibit 3). Harvest Partners has indicated their interest in developing this portion,known as the ROFO area, with retail uses that are complementary with the proposed development of Sub-District I-A as an urban retail center. The development intent of the ROFO area as depicted with this Conceptual Redevelopment Plan is based upon feedback from Harvest Partners as to their proposed project and from The City of Renton as to their goals for redevelopment within the Urban Center North. The remainder of Sub-District 1-B contains approximately 29.5 acres and is described herein as the"Boeing Remainder", as illustrated on Exhibit 2. Portions of the Boeing Remainder are currently improved with office buildings that Boeing owns and will continue to utilize as part of on-going airplane manufacturing plant operations. Interspersed between these existing office buildings are approximately 12.85 acres of the Boeing Remainder that have been identified as potential development parcels("DP 1" through"DP 4")within this Conceptual Plan. Submittal Included within this submittal are a narrative description of Boeing's proposal for Sub- District I-B, a Conceptual Planning Diagram, and two economic benefit analyses demonstrating a range of potential one-time and recurring revenues generated by: (1) Development illustrated within the Planning Diagram on the ROFO portion of the Sub-District(beginning in 2007); and (2) Development illustrated within the Planning Diagram on the Boeing Remainder (beginning in 2007 for DP 1 and in 2016 for DP 2—DP 4). Boeing seeks the City's approval of this Conceptual Plan so that it can complete a Binding Site Plan creating additional lots, and finalize negotiations with Harvest Partners related to the acquisition of the ROFO portions of the Sub-District. The timing of a land surplus decision by Boeing or redevelopment associated with the majority of the Boeing Remainder(with the exception of DP1) is not currently envisioned to occur sooner than 5 to 10 years in the future. Page 2 of9 October 3,2005 • ��, 'f 4 }�j 4' t e. k y4., y• •�: iCTyg -;T+ .•$- '-'5,,•e;•"}'r9,,,-.d - .. ,r. Lam, } h , �Lr ate �. aL z:".:.'� °1� „ ,.• ^F+r ••"t.M,g. . .,n.. r .'s..f,`_'•�w1W ahs a } u. 'flasYC'a a•?i- • tl t`3,y" s t t s v2,, t',..4..,...-.t,...%,,. 'Sr s i '.r."'`.‘••=,,,',-:::,,,-...;` s :Y aft, } '� T,,,��,. v� t�ty} rfy ��J•r .� C, w a.z.,G�; p � �' �S`• ti's^ a t,', : ;' d,:.<2. ;r+ �:� '�r i ir;=. , r ',,ryo.; 'r: �"' ,,.N,•;. '411, 'c :' "S�*'...":•$,As'-+� Y s. , r -'4 rg' ASd+)2y.h, .- •,, .*,,� jr + -•••. & oils ,Y .,,y,�4I:,�.=•'n•4 k - .'•;i'-.'":::',.'-•,", •1'',..-", {` �; X A'-� "! a�� � t � "' Ep,' " 't t t. „ t, _ � •• alr� bi +*4cc r . ra t{r • ti •'� . j ',,< ry `S s 3 k-��.y. ,fir u 1 ::: t 25 t.;^ .!`:1f..rt", f .n- ., •d,..> ^� ' ' ^:r. { �y-� , • • ::::;;;'!,;:: ::::,,,,:!;::VA,---:: (<; '� p'M, A.,J 'OM1.. � .�ivy; x5=' uf+• -:7';',.,:4,,..,831et,, j;.l ,r' i '.. ,� TM� , Y � , ,� : 0 ban fteta,l' *..6} •,,Ar'A, .Vs� , • — erste 0.6 I''I . :iii ` s.r?`'. . . - • , i t �. .. �` i BOEING r , „� _ CONCEPTUAL PLAN AREA TIONS04- 1 Sub-District 1-B jt` .: • • ::..iT ,.• "fit• - p .•Y` �¢ �. )Vll....:..,"."� �T !,��y{{{y.,..('+{: �•, of ..v,;;; , `^.�'.,.'r ,g a� }' • tNA 5 d4 ' 'a,._.!,'Li', iN -ems' �� for. ,,' ,F, ` • `•a 1 ,ts y, C 4,,,,:< •,t ,--,-.....:;;;,......,,!t!..,-- i•,_ ,+• Ai os n i'!:'' ....„,1 �"k My • �� •I,A' ` Q or.'. ,f „ +., ,4 ? J ±Sir,. r a. t ` , y . i {.,. syn �,t9(Fr 14 dry " a taaw� d : •« " `� +tet?;. ;..,..CONCEPTUAL PLAN for SUB-DISTRICT -B BOEING REALTY CORPORATION FULLER SEARS ARCHITECTS September 26.2005 CONCEPTUAL PLAN FULLER SEARS Q BOE/NG ARCHITECTS SUB-DISTRICT 1 -B NORTH-BTH"STREET . ,, 111 RR MAX.30%LOT COVERAGE i IF 1-STORY RETAIL i r , (270,000 SF) I. R ii • EXIST DATA - I R 1 R N :. --. HUB 1 -,6ARAOE.E DP=2 7�DP-1 " w. =r `III..,:,..: r' 1 ilit DP4 i z I •....,:::-.3.;•-,./.... .., 1- 0 1 L • PAR 1 1 ' r.. NORTH_: H- STREET., I /. '} '/ ` 11 ,.ten-. tY. !, . DP-1 DP-2 P-3 / - • MAX 11O-UNITS MAX.TWO MAX.ONE •C� • PEA ACRE &STORY 6-STORY • F_: =-i-{ :N: MULTI-FAMILY LAB BLDG$. LAB.BLDG. �� . " 'RESIDENTIAL (360,000 SF (180,000 SF) F'- k535 UNITS) TOTAL) WI SHARED �_^; - - a NOTNOTE: PARKING IN DP-2 =_< NOT , GARAGE IE= MA)I.30%.LOT MAX ONE ppm A •CQKERGE;IFI-STORY 6STORYBLDG. NOTE: MAX-TYVO ; • PART RETAIL(65,660 SF) IF OFFICE MA%i ONE (120.000 SF) estbAv eLwo. ;.6-STORY-. --. ,. .-.. . .- i IFOFFICE LAB-81OGS. ' .(12¢,000-SFl •(360;000=SF wm NEW TOTAL) PARKING GARAGE SUPPORTED BY - LP6'ENID: EXIST.PARKING GARAGE RRETAIL NOTE: MAX.TWO L LAB 6-STORY BLDGS. IF OFFICE (900.000 SF) WITH NEW 2-3 STORY PARKING GARAGE OFFICE P PARKING GARAGE MF MULTI-FAMILY N N PEDESTRIAN CONNECTIONS Conceptual Development Plan The Conceptual Plan for Sub-District 1-B is comprised of two somewhat distinct parts. The ROFO area makes up the northern portion of the property along 8thAvenue, has been identified as surplus by Boeing operations, and is available for near-term redevelopment. The Boeing Remainder makes up the southern portion of the Sub-District, and contains 660,000 square feet of existing office space with re-use potential and approximately 12.85 acres of land with future redevelopment potential. ROFO Area Boeing recognizes that high-quality retail development is essential to the successful transition of the area from its industrial roots to the City's vision for the Urban Center- North. Harvest Partners and the City are both committed to ensuring that the development at Lakeshore Landing is well-designed and initiates redevelopment of a quality and at a scale which is consistent with the City's long-term vision for the area. As planning for Lakeshore Landing has progressed, the land south of 8th has been identified as an important component of the overall project. The area, known as the ROFO portion of Sub-District 1-B, has been illustrated within this Conceptual Plan as an integral part of the retail development planned to the North. The ROFO portion of the Sub-District is envisioned to contain a large format "destination"retailer located along Logan Avenue, with supporting retail shops space concentrated along both sides of Park Avenue. Generally, the large format retail development (users with footprints of 50,000 square feet or larger, and building heights up to 45 feet) is planned to occur along 8th and Logan, facing eastward toward Park Avenue. The supporting retail shops space would include a mixture of medium format retailers (ranging between 10,000 and 50,000 square feet in area, with building heights up to 40 feet) and some component of smaller, specialty retail shops overlooking Park Avenue. The Plan anticipates pedestrian connections to occur internally within the site both east toward Park Avenue, and south toward 6th Avenue. Vehicle access would occur off of Park Avenue, with loading and delivery functions relying upon Garden Avenue and an internal service road running along the southern edge of the ROFO property line. At a maximum lot coverage ratio of 30%, the ROFO site could accommodate up to 270,000 square feet of retail space. Harvest's current planning anticipates a total of 225,000 to 230,000 square feet, comprised of a 135,000— 140,000 square-foot large format retailer located along Logan, and 85,000 to 90,000 square-feet of shops space. Parking is located in well-organized surface parking lots, with primary pedestrian entrances facing inward or directed toward Park Avenue. A small portion of the site, containing a data hub for the Boeing Plant, needs to be retained by Boeing for the foreseeable future. It can be accommodated along the Page 5 of 9 October 3,2005 southern portion of a mid-block parking field without having a negative impact on the surrounding retail uses. Summary Redevelopment of the ROFO parcel as envisioned within this Conceptual Plan meets many of the City's vision and policy statements for the Urban Center-North, which call for"retail integrated into pedestrian-oriented shopping districts." This site is located within District 1, where the City identifies its first objective as follows: "Create a major commercial/retail district developed with uses that add significantly to Renton's retail tax base, provide additional employment opportunities within the City, attract businesses that serve a broad market area and act as a gathering place within the community." Boeing Remainder This portion of the plan is significantly influenced by the presence of four, 1980s-vintage office buildings that are located throughout(the 10-13, 10-16, 10-18 and 10-20 buildings). Each structure is 5—6 stories in height, ranging between 160,000 and 170,000 square feet. Parking is accommodated in separate, structured garages and in surrounding surface lots, at an overall ratio of 4.5 stalls per 1,000 square feet. Boeing currently utilizes these four buildings and anticipates no near-term changes that would result in significant rehab or sale of the structures. In addition to the existing office buildings, there is also a 1960s-vintage lab building, known as the 10-71 building, located along Logan Avenue. Although the condition of the building and the planned widening of Logan Avenue may impact its potential re-use, Boeing and the City are interested in exploring viable adaptive re-use opportunities. To illustrate the potential capacity for redevelopment within the Conceptual Plan, the 10-71 building has been assumed to be demolished, creating a 4.9-acre development parcel between Logan Avenue and the 10-20 building(DP1). However, Boeing would like to retain the flexibility of considering either re-use of the existing structure or redevelopment in the future. We have assumed that the existing office buildings remain,but could be supported in the future by parking at a market-driven ratio of 3.5 stalls per 1,000 square feet, rather than at Boeing's more conservative rate. As a result, surplus parking stalls exist within the three existing parking garages, and three additional development parcels are created: a 3.9-acre site between the 10-18 and 10-20 buildings (DP2); a 1.8-acre site on the west side of Park Avenue north of 6th (DP3); and, a 2.2-acre site on the west side of Garden Avenue north of 6th (DP4). Page 6 of 9 October 3,2005 DPI This 4.9-acre parcel is located along Logan Avenue, immediately south of the ROFO property. Fronting on 6th Avenue, it is also adjacent to the 10-20 office building and associated parking structure. Given its location and near-term redevelopment potential, the Plan envisions its redevelopment as either a mid-rise, multifamily project or, potentially, a retail development ancillary to that anticipated on the ROFO piece. If, instead, the existing building were re-used, it is envisioned that it would be of interest either as a cost-effective research and development or contract manufacturing facility. With the demolition of the existing structure, the DP-1 site could support a significant multi-family project, either incorporated in one or more stories above ground-floor retailers, or developed at higher densities as a single use project. A five- to six-story residential project, developed at densities of 110 units per acre, would be both consistent with the residential development currently planned at Lakeshore Landing and compatible with the surrounding uses. At this higher density, approximately 535 units could be sited on DP 1. Alternately, redevelopment of the DP1 parcel could accommodate up to 65,000 square feet of retail space at a 30%lot coverage ratio, taking the form of additional medium- format and small, specialty shops space backing up against Logan. Although access would most likely occur off of 6`hAvenue, the development of DP I could be integrated with the larger retail development occurringon the ROFO parcel. DP2 and DP4 These two parcels are both infill opportunities that exist when parking requirements for the existing office buildings are reduced. Currently underutilized and serving for the most part as overflow parking areas for Boeing employees, the Plan envisions their redevelopment with 6-story office or lab buildings, consistent with the current development pattern. In some instances where new lab development is planned, surplus parking within existing garages could fully support new development, and allow for the creation of new, private open spaces or campus greens within the neighborhood. In order to create this surplus parking opportunity,the Plan assumes either that the four existing Boeing office buildings are sold to other users with market-based parking requirements or that Boeing provides new parking areas on the Plant to accommodate its employees. The Conceptual Plan illustrates the potential redevelopment of each of these parcels with laboratory uses, resulting in approximately 720,000 square feet of new space in four separate structures. Both DP2 and DP4 could accommodate two, 6-story structures containing 180,000 square feet each. A new 2- to 3-story parking garage would be constructed between the new buildings on DP2, and the additional parking needs would be provided by ear-marking a portion of the stalls within the 10-20 parking garage. On Page 7 of 9 October 3,2005 DP4, sufficient surplus parking exists within the existing 10-18 parking garage that no new parking would need to be constructed in this location. Alternately, either DP2 or DP4 could also be redeveloped with new office uses. Given the greater parking requirement for office space (3.5/1,000) when compared to lab space (1/1,000), less development is able to be accommodated on the parcels. On DP2, a single, 6-story structure would be developed, containing 120,000 square feet. New structured parking would be developed behind. On DP4, approximately 300,000 square feet could be constructed in two, 6-story buildings, with all parking still provided within the existing 10-18 building garage. DP3 This parcel is located just south of the 10-18 office building, at the corner of 6th and Park Avenues. The Plan envisions the development of this parcel with new lab or office uses, in both cases housed within a single 6-story structure. If developed as lab space, the building could contain approximately 180,000 square feet, supported by dedicated parking stalls within a new, multi-user garage constructed on DP2. If developed as office space, a building of approximately 120,000 square feet could be constructed on site, with parking either provided in a new garage on DP3 or accommodated by providing additional parking levels within a DP2 garage. Alternately, the DP3 parcel could accommodate up to 24,000 square feet of neighborhood retail space, fronting on Park Avenue and offering amenities to the surrounding workers and residents. Although no redevelopment of the land on the other side of Park Avenue is envisioned as part of this Conceptual Plan,redevelopment of DP3 could also lead to other improvements along Park Avenue at key intersections. It is envisioned that, if developed with retail uses, DP3 would begin to meet the increased demands for amenities and services that redevelopment along the 6th Avenue corridor would require. Summary Redevelopment as illustrated within this Conceptual Plan would be consistent with the City's Urban Center-North vision and long-range planning policies, creating a vibrant, mixed-use corridor on the north side of 6th Avenue and along Park, with mid-rise buildings fronting the streets and structured parking behind. If new development took the form of multi-family and laboratory space, the corridor would contain a total 535 new multi-family units and 900,000 square feet of new lab space at full build-out. This new mix of uses would be at a scale consistent with the 660,000 square feet of existing office space already located in the corridor. Page 8 of 9 October 3,2005 Economic Benefit Analysis Summary Boeing's Conceptual Redevelopment Plan for Sub-District 1-B seeks to both allow for the near-term redevelopment of Boeing's underutilized assets while advocating for a mix of uses that significantly improves the City's tax and employment base. Two economic benefit analyses(Exhibit 4) have been completed to support this submittal, demonstrating the potential one-time and recurring revenues generated by: (1) Development illustrated within the Planning Diagram on the ROFO portion of the Sub-District(beginning in 2007); and (2) Development illustrated within the Planning Diagram on the Boeing Remainder (beginning in 2007 for DP 1 and in 2016 for DP 2—DP 4). The economic benefits to the City of Renton associated with the redevelopment of the ROFO portion of the site can be summarized as follows: ■ By 2008 (project stabilization), it is estimated that over 1,061 jobs would be created in the City of Renton alone; of this job total, 859 direct jobs would be located within the development and 202 would be indirect City jobs; • The City is estimated to gain one-time revenues of nearly$667,000 during redevelopment of the parcels; ■ The City is also forecast to receive an increase in recurring annual tax revenues of nearly$856,000, beginning in 2008. The economic benefits to the City of Renton associated with the redevelopment of the Boeing Remainder portion of the site(DP 1 —4)can be summarized as follows: • By 2013 (project stabilization), it is estimated that over 2,100 jobs would be created in the City of Renton alone if this portion were developed with multifamily and lab uses as illustrated on the Conceptual Plan; of this job total, 1,700 direct jobs would be located within new buildings and 400 would be indirect City jobs; • Under this same set of land use assumptions, the City is estimated to gain one- time revenues of more than $6.2 million during redevelopment of the parcels; • The City is also forecast to receive an increase in recurring annual tax revenues of nearly$2.3 million,beginning in 2013. Page 9 of 9 October 3,2005 suing. ill W I am 1 i ii 1 i \ a 900 �_ /\\</ w t ' 4.. ,:_:--- ' ,i.-L. 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Sue•YO 500,w 40,0 MG.Oxy a t.NMo.4.717 AU �la Iy�, OW PLAN VIEW rxauna r01 MG./a,1 NM. my moo)r..¢v aaaiw 2003 PROPOSED ARTERIAL RIGHTS OF WAY 0'00 TO SUPPORT DISTRICT 2 (FULL BUILDOUT) EXHIBIT 1 Renton — Sub District 1B I X 3 ,- ,, i � i v �: t. .•z ..,'". .:- ''. ..!*11 ,, ,P`i, '''', ' " a a �_•� i Ili 4 M1 a.Yx h +i � `S �,.. • TTTAAA ' l i r.L ���. t� �J'�yf�.,. 1 � �' Lakeshore Landing ,� i`�i Phase 1 ,...,‘ . .;.,..,::::,.._.,, 4 . f,';,-,: ,... , ,.,,,,1 :�$IyjQ�y.;', 3 1. vi•Cj j i E # ROFO , 21 acres A ' f k � � i. - . • Boeing Remainder ,ii, s tet`^ <; i . ."'!i F �� Sub , w2 District �b,.f i { r!IN j } ( � fl ' 1� yr - [ y{[, �a'r. w Yy� u *1.„,.,,,,:.1'!,-,-71,-e-- 4 z ice' a �i .�,1* `i 4 •-z, 5-4": . :,•;4,:./ : A ,:.•:4-'•',.,'''..i" v y-.- a .,.rpt_y,; j 4„ ..tri � '-'i' ..i.yg a� a'1 �.4���•. /5C a' /'eadmg adq//on /a-i/-aod. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (MAPLEWOOD ADDITION ANNEXATION; FILE NO. A-04-009) WHEREAS, under the provisions of RCW 35A.14.120 as amended, a petition in writing requesting that certain territory of approximately 60.5 acres contiguous to the City of Renton, be annexed to the City of Renton, was presented and filed with the City Clerk on or about December 8, 2004; and WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120, and upon public hearing thereon, it having been determined and the petitioning owners having agreed to assume their fair share of the pre-existing outstanding indebtedness of the City of Renton as it pertains to the territory petitioned to be annexed; and to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation and determined that the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the original area that petitioned to be annexed, as provided by law; and WHEREAS, the Economic Development, Neighborhoods and Strategic Planning (EDNSP) Department of the City of Renton, having considered and recommended the annexing of the 60.5 acre site to the City of Renton; and 1 ORDINANCE NO. WHEREAS, the City Council fixed April 4, 2005, as the time and place for public hearing in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, at that hearing, the EDNSP Department of the City of Renton recommended expansion of said annexation and Council concurred, authorizing the City of Renton to invoke the jurisdiction of the King County Boundary Review Board; and WHEREAS, the City of Renton invoked the jurisdiction of the King County Boundary Review Board on April 21, 2005, in order that it might consider expansion of the original 60.5 acre site to include properties primarily to the east along the Renton — Maple Valley Highway; and WHEREAS,the King County Boundary Review Board held a public hearing to consider this matter on May 8, 2006, and issued a resolution and hearing decision on June 9, 2006, deeming the"Notice of Intention" for the original 60.5 acre site approved with modifications that expanded it to approximately 340 acres; and WHEREAS, the City Council met on August 7, 2006, at the time and place specified for a public hearing upon the resolution and hearing decision of the King County Boundary Review Board, as well as future zoning; and WHEREAS, the City Council accepted the decision of the Boundary Review Board expanding the original boundaries of said annexation to approximately 340 acres as said meeting; and WHEREAS, the Supreme Court of Washington ruled on November 9, 2006, that the King County Boundary Review Board erred as it was without authority to expand the boundaries 2 • ORDINANCE NO. of a similar annexation in Redmond from 58.96 acres to 184 acres, and such expansion was in violation of due process; and WHEREAS, it is likely that the Maplewood Addition—Expanded Annexation would be similarly ruled upon by the Supreme Court of Washington, if challenged; and WHEREAS, the City Council fixed December 11, 2006, as the time and place for a second pubic hearing in the City Council Chambers, City Hall, Renton, Washington, on future zoning and acceptance of the annexation and notice thereof having been given as provided by law; and WHEREAS, pursuant to said notices, this second public hearing has been held at the time and place specified in the notices, and the Council has considered all matters in that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the City of Renton is concurrently zoning the non-street portions of the annexation site R-4, four units per net acre, consistent with the current Comprehensive Plan Land Use Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140 and 150, have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted;the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of Renton, and such annexation shall be effective on and after the approval, passage, and publication of this 3 ORDINANCE NO. Ordinance; and on and after said date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit"A" attached hereto and made a part hereof as if fully set forth herein [Said property, approximately 60.5 acres, is primarily located along the south side of SE Renton — Maple Valley Highway east of Maplewood Gardens and west of the Cedar River where it crosses under the SE Renton—Maple Valley Highway]; and the owners of the property within the annexation shall assume their fair share of the outstanding indebtedness of the City of Renton as prescribed in RCW 35A.14.120 as it pertains to the property, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. A certified copy of this Ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor 4 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1286 B:11/20/06:ma 5 Exhibit "A" MAPLEWOOD ADDITION ANNEXATION LEGAL DESCRIPTION That portion of the east half(1/2) of Section 21 and the west half(1/2) of Section 22, all in Township 23 North, Range 5 East, W.M., in King County, Washington, lying southwesterly of the City Limits of the City of Renton as annexed under Ordinance No. 3945, southeasterly of the City Limits of the City of Renton as annexed under Ordinance No. 2170, northeasterly of the City Limits of the City of Renton as annexed under Ordinance No. 3723, said City Limits at this location also being the thread of the Cedar River, and northerly and northwesterly of the thread of the Cedar river, from a point on the City Limits of the City of Renton as annexed under Ordinance Nos. 3945 and 4156, said point being the southerly terminus of the common boundary between said Ordinances on the thread of the Cedar River, downstream to an intersection with said City Limits as annexed under Ordinance No. 3723. 111=1=1lloti s00 ���� I!1Ig 11f•��� ■I 1111114I4IbiIIl1IIi.pyIIapol oiu • Jil PM■a■■■.■ mt61 impti� i4• •c1itim1n�sv' `'� NI_P1_1i/■. 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Q►II► . 111 �� ♦ 1 • �� ��Af`1' t�'♦�y� el � /1 11111 IC` �, � �� ♦44 ! � w / �/ $�\�� 1�.,,, **I... �_ ���♦♦♦.��♦���: :: : : Iuass%�Qaai iu��vv \�Vse�•i�♦�� ��` �&��vatign ank j..,��` Soo FS �1 agar lid cit 'WLLlLLZ�t 'NO •,*rawin1►IIIj 11° ■■ 'Ida'. , y� , ► SII P i • Illibm \aIMM■■■■■■■ ■■■■■■■■��I.:�a11��1 c+1�L'llll��Iw _41♦♦1lZ��C �u �t ��►_ \� I1""•�` �11�♦ i Proposed Maplewood Addition Annexation 0 1000 2000 Figure 1: Vicinity Map - - Current City Limits O„ Economic Development,Neighborhoods&Strategic Planning Annexation Area 2000 ♦0 ♦ Alex Pietach,Administrator G.Del Rosario eV 21 December 2004 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5 2 4 4 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL 4 DU PER ACRE, KING COUNTY ZONING), TO R-4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER NET ACRE) (MAPLEWOOD ADDITION ANNEXATION; FILE NO. A-04-009). WHEREAS, under Section 4.2.020 of Chapter 2, Zoning Districts —Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, the property owners of the original 60.5 acres petitioned the City of Renton for annexation and concurrent rezoning; and WHEREAS, the annexation area having previously been approved and the property annexed to the City of Renton, and the City having held two public hearings to consider this zoning application, the first hearing on April 4, 2005, and the second hearing on December 11, 2006; and WHEREAS, pending Comprehensive Plan amendments, if adopted, may allow zones other than just the R-4 zone in the subject area in the future; and 1 ORDINANCE NO. 5 2 4 4 WHEREAS, said zoning request being in general conformity with the City's Comprehensive Plan, as amended, and the City Council having considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property as hereinbelow specified, in the City of Renton, is hereby zoned to R-4. The annual ordinance adopting the maps of the City's Zoning Ordinance is amended to evidence said rezoning and the EDNSP Administrator is authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 56.1 acres, is primarily located along the south side of SE Renton — Maple Valley Highway east of Maplewood Gardens and west of the Cedar River where it crosses under the SE Renton—Maple Valley Highway;] SECTION II. This ordinance shall be effective upon its passage, approval, and thirty days after its publication. PASSED BY THE CITY COUNCIL this 11th day of December , 2006. Bonnie I. Walton, City Clerk 2 X5/94 a^1/(ea,WI y Eadorni, /,-//-ada6 CITY OF RENTON, WASHINGTON ORDINANCE NO. 6-) T5 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE ANNUAL BUDGET FOR THE YEAR 2007 AND ESTABLISHING THE MUNICIPAL COURT JUDGE'S PAY IN ACCORDANCE WITH SB 5454. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. After due notice and public hearing thereon as provided by law, the annual budget for the City of Renton for the year 2007, previously prepared and filed with the City Clerk, as modified hereby, be and is hereby ratified, confirmed and adopted, in all respects, as the annual budget for the year 2007. Such annual budget is detailed in Attachment A, 2007 Budget Summary by Fund, Resources and Expenditures, which is incorporated herein as if fully set forth. SECTION IL Attachment A defines the total sums authorized and allowed for expenditures and establishes such sums in each of the funds in the annual 2007 budget. SECTION III. The City establishes by this ordinance that its elected judge position shall be compensated at a rate equivalent to at least ninety-five percent(95%)of a district court judge salary in accordance with Senate Bill 5454. By this action the City can receive state contribution equal to the elected municipal court judge's salary, which contribution is provided specifically for funding improvements to the municipal court's staffing, programs, facilities, or services, as appropriated by the city legislative authority. SECTION IV. Acts pursuant to this Ordinance, but prior to its passage or effective date, are hereby ratified and confirmed. 1 ORDINANCE NO. SECTION V. A copy of the annual 2007 budget, as herein adopted, shall be transmitted to the Office of the State Auditor,Division of Municipal Corporations, and such other governmental agencies as provided by law. SECTION VI. This Ordinance shall be effective upon its passage, approval, and five 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.1310:11/20/06:ma 2 • ver2 grouped ORDINANCE NO. ATTACHMENT A 2007 Budget Summary By Fund, Resources, and Expenditures 2007 2007 Fund Resources Expenditures GENERAL GOVERNMENT FUNDS: 000/General $76,521,953 $76,521,953 001/Park 003/Street 004/Community Dev Block Grant 006/Library 007/Parking Garage Maintenance 010/Fire Memorial Fund 011/Fire Health and Wellness 215/Gen. Govt. Misc. Debt Service 6,070,465 6,070,465 201/Ltd G.O. Bonds/Gen. Govt. Misc. Debt Svc 207/1978 Limited G.O. Bonds SPECIAL REVENUE FUNDS: 102/Arterial Street 565,000 565,000 108/Leased City Properties 960,899 960,899 110/Hotel/Motel Fund 255,000 255,000 118/Reserve for Paths& Trails 0 0 125/1%For Art 60,000 60,000 127/Cable Communication 78,900 78,900 131/Park Memorial 260,000 260,000 DEBT SERVICE FUNDS: 219/1989 Unlimited G.O. Bonds 521,000 521,000 220/L.I.D. Debt Service Fund 0 0 CAPITAL PROJECT FUNDS(CIP): 301/Garage CIP 180,000 180,000 303/Community Dev. Mitigation Fund 1,100,000 1,100,000 304/Fire Mitigation Fund 540,000 540,000 305/Transportation Mitigation Fund 3,035,600 3,035,600 307/Aquatics Center 192,000 192,000 316/Municipal Facilities CIP 5,050,497 5,050,497 317/Transportation CIP 23,102,100 23,102,100 318/South Lake WA Infrastructure Project 13,313,927 13,313,927 ver2 grouped ORDINANCE NO. ATTACHMENT A 2007 Budget Summary By Fund, Resources, and Expenditures 2007 2007 Fund Resources Expenditures ENTERPRISE FUNDS: 402/Airport 3,841,464 3,841,464 422/Airport Capital Improvement 403/Solid Waste Utility 10,917,695 10,917,695 404/Golf Course 2,644,465 2,644,465 424/Golf Course Capital Fund 405/Water Utility Operation Fund 42,367,375 42,367,375 406/Wastewater Operation Fund 407/Storm Water Utility Operation Fund 416/King County Metro Fund 425/Water Utility Construction Fund 426/Wastewater Utility Construction Fund 427/Storm Water Utility Construction Fund 451/Waterworks Revenue Bond Fund 461/Waterworks Bond Reserve 471/Waterworks Rate Stabilization 481/2004 Water/Sewer Bonds INTERNAL SERVICE FUNDS: 501/Equipment Rental 8,011,405 8,011,405 503/Information System Fund 502/Insurance 12,545,750 12,545,750 512/Healthcare Insurance 522/LEOFF1 Retirees Healthcare Insurance Fund FIDUCIARY FUNDS: 611/Firemen's Pension 504,176 504,176 TOTALS $212,639,671 $212,639,671 /5c 01 /'C,°Q'Gt/fiy CITY OF RENTON,WASHINGTON Q�GC�/0J��D/► /01-1/-ZOD(o ORDINANCE NO. ...641(a AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE PROPERTY TAX LEVY FOR THE YEAR 2007 FOR BOTH GENERAL PURPOSES AND FOR VOTER APPROVED BOND ISSUES. WHEREAS, the City of Renton has met and considered its budget for the calendar year 2007; and WHEREAS, the City of Renton, after hearing and duly considering all relevant evidence and testimony presented, determined that the City of Renton requires a regular levy in the amount of $23,646,892, which includes an increase in property tax revenue from the previous year, and amounts resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the City and in its best interest; and WHEREAS, the City of Renton also has a voter-approved property tax levy for Senior Housing Bonds, and the debt service requirement on those bonds is $516,000 in 2007; and WHEREAS, the City must levy this amount in order to discharge the expected expenses and obligations of the bond; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L The regular property tax levy is hereby authorized for the 2007 levy in the amount of$23,646,892, which is a percentage increase of one percent from the previous year plus amount for new construction and annexations. 1 ORDINANCE NO. SECTION II. In addition, the City of Renton requires a levy of$516,000 for the purpose of paying debt service on voter approved Bonds for Senior Housing. SECTION III. The total property tax levy for the City of Renton shall be $24,162,892. This increase is inclusive of revenue resulting from the addition of new construction and improvements to property and any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. SECTION W. 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.1292:10/26/06:ma 2 //fir al4alleadiil CITY OF RENTON, WASHINGTON (14/1/0/1 /o2-//'40.6 ORDINANCE NO. 3.2V/ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE COMMUNITY SERVICES DEPARTMENT'S 2007 RATES AND FEES. WHEREAS, the City of Renton wishes to provide to its citizens the most cost effective services possible; and WHEREAS, the City Council has adopted a policy that the Community Services Department proposed rates shall cover the costs of services; NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY OR RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Attachment A authorizes the Community Services Department rates and fees for 2007. SECTION H. This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor 1 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1315:11/3 0/06:ma 2 City of Renton Community Services Department - Recreation Division 2007 00 RATES ATHLETIC FIELD FEES RENTON RESIDENT FEES Hourly Rate Minimum *Prep Fee Lights/Hr Softball $12.00 1.5 hrs $22.00 $15.00 Baseball $12.00 3 hrs $22.00 $15.00 Soccer $12.00 2 hrs $32.00 $15.00 Football $12.00 1.5 hrs Varies $15.00 Other $12.00 1 hr TBD $15.00 NON-RESIDENT FEES Hourly Rate Minimum *Prep Fee Lights/Hr Softball $15.00 1.5 hrs $25.00 $18.00 Baseball $15.00 3 hrs $25.00 $18.00 Soccer $15.00 2 hrs $38.00 $18.00 Football $15.00 1.5 hrs Varies $18.00 Other $15.00 1 hr TBD $18.00 *Prep fee includes: Bases, field drag, and marking lines. PREP FEE IS OPTIONAL. CARCO THEATER RENTAL FEES RENTON RESIDENT NON-PROFIT FEES Hourly Rate Non Profit Resident Rate $55.00 Non-Profit 8 Hour Res Rate $360.00 RENTON RESIDENT- OTHER FEES Hourly Rate Other Resident Rate $75.00 Other 8 Hour Res Rate $515.00 NON-RESIDENT NON-PROFIT FEES Hourly Rate Non-Resident Rate $65.00 8 Hour Non Res Rate $475.00 City of Renton Community Services Department - Recreation Division 2007 RATES NON RESIDENT — OTHER FEES Hourly Rate Non Resident Other $90.00 8 Hour Non Resident Other $620.00 EQUIPMENT Daily Rate Lapel Mic $10.00 Wireless Handheld Mic $10.00 SENIOR ACTIVITY CENTER RENTAL INFORMATION 2006 City of Renton Senior Activity Center RENTAL INFORMATION - RATES FOR 2007 SENIOR CITIZEN RENTAL INFORMATION DAYS & TIMES AVAILABLE Wednesday&Friday Saturday Sunday 5:00 pm- 10:00 pm(Wednesday) 10:00 am- 1:00 am 10:00 am- 10:00 pm 5:00 pm -1:00 am(Friday) (5 hr min. in seq.) (5 hr. min. in seq.) (5 hour min. in sequence) RENTAL FEES - SENIOR CITIZEN/RENTON RESIDENTS $225 City of Renton Resident $325 City Resident $325 City Resident $75*each additional hour(FRIDAY ONLY) $75*each add'I hr $75*each add'I hr RENTAL FEES -SENIOR CITIZEN/NON-RENTON RESIDENTS $300 Non-Resident $400 Non-Resident $400 Non-Resident $75*each additional hour(FRIDAY ONLY) $75*each add'I hr $75*each add'l hr NON-SENIOR CITIZEN RENTAL INFORMATION DAYS & TIMES AVAILABLE Friday Saturday Sunday 5:00 pm- 1:00 am 10:00 am- 1:00 am 10:00 am- 10:00 pm (5 hour min. in sequence) (10 hr min. in seq.) (10 hr min. in seq.) City of Renton Community Services Department - Recreation Division 2007 RATES RENTAL FEES -NON-SENIOR CITIZEN/RENTON RESIDENTS $375 City of Renton Resident $750 City Resident $750 City Resident $75*each additional hour $75*each add'I hr $75*ea add'I hr RENTAL FEES -NON-SENIOR CITIZEN/NON-RENTON RESIDENTS $450 Non-Resident $900 Non-Resident $900 Non-Resident $90*each additional hour $90*ea add'! hr $90*ea add'I hr RENTON COMMUNITY CENTER RENTAL INFORMATION RENTON RESIDENT RENTAL FEE Banquet Room-Friday. Saturday. Sunday Fee Friday—5 hour minimum $375.00 Saturday— 10 hour minimum $750.00 Sunday— 10 hour minimum $750.00 Kitchen $80.00 Extra Hours $75.00 Banquet Room—Monday thru Thursday Hourly Rate Full Room $65.00 2/3 Room $45.00 Other Hourly Rate Classroom $20.00 Full Gym Rental $35.00 Double Gym Rental $70.00 Special Event Rental Fee Full Gym $500.00 Double Gym $1,000.00 Carpet Fee Fee Full Gym $150.00 Double Gym $300.00 City of Renton Community Services Department Recreation Division 2007 RATES Birthday Party Packages Hourly Rate Preschool Package $30.00 Bounce Package $55.00 Sports Package $40.00 NON-RESIDENT RENTAL FEES Banquet Room-Friday. Saturday. Sunday Fee Friday-5 hour minimum $450.00 Saturday- 10 hour minimum $900.00 Sunday- 10 hour minimum $900.00 Kitchen $80.00 Extra Hours $90.00 Banquet Room-Monday thru Thursday Hourly Rate Full Room $80.00 2/3 Room $60.00 Other Hourly Rate Classroom $25.00 Full Gym Rental $40.00 Double Gym Rental $80.00 Special Event Rental Fee Full Gym $600.00 Double Gym $1,200.00 Carpet Fee Fee Full Gym $150.00 Double Gym $300.00 Birthday Party Packages Hourly Rate Preschool Package $35.00 Bounce Package $65.00 City of Renton Community Services Department - Recreation Division 2007 RATES Sports Package $45.00 OUTSIDE FACILITY RENTAL RENTON RESIDENT RENTAL FEE Hourly Rate Meeting Room/During Operating Hours $20.00 Meeting Room/During Non-Operating Hrs $35.00 Gymnasium During Operating Hours $20.00 Gymnasium During Non-Operating Hours $35.00 Neighborhood Park Buildings*** $20.00 (Kiwanis, Kennydale Park, Thomas Teasdale Park, Philip Arnold Park, Tiffany Park) NON-RESIDENT RENTAL FEES Hourly Rate Meeting Room/During Operating Hours $25.00 Meeting Room/During Non-Operating Hrs $40.00 Gymnasium During Operating Hours $25.00 Gymnasium During Non-Operating Hours $40.00 Neighborhood Park Buildings*** $25.00 (Kiwanis, Kennydale Park, Thomas Teasdale Park, Philip Arnold Park, Tiffany Park) PICNIC SHELTERS RENTON RESIDENT RENTAL FEE Fee 8:00 am—Noon (Groups 1-75) $55.00 1:00 pm—5:00 pm(Groups 1-75) $55.00 6:00 pm— 1/2 hour after sunset(Groups 1-75) $55.00 All Day(Groups 1-75) $80.00 Groups over 76-150 $110.00 Groups over 150 not allowed. NON-RENTON RESIDENT RENTAL FEE Fee 8:00 am—Noon (Groups 1-75) $110.00 1:00 pm—5:00 pm (Groups 1-75) $110.00 6:00 pm— 1/2 hour after sunset (Groups 1-75) $110.00 City of Renton Community Services Department - Recreation Division 2007 RATES All Day(Groups 1-75) $160.00 Groups over 76-150 $210.00 Groups over 150 not allowed. 1511. 024 read/45 CITY OF RENTON, WASHINGTON /0-//-(10A, ORDINANCE NO.-&t—? AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 5-1-5 OF CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY INCREASING CERTAIN GOLF COURSE FEES. WHEREAS, the City of Renton wishes to provide to its citizens the most cost effective services possible; and WHEREAS, the City Council has adopted a policy that the golf course fees shall cover the costs of services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 5-1-5 of Chapter 1, Fee Schedule, of Title V, Finance and Business Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 5-1-5: GOLF COURSE FEES: A. Greens Fees: The cost of golf course greens fees shall be as follows: 18 Hole/Weekday $28.00 18 Hole/Weekend $32.00 9 Hole/Weekday $19.00 9 Hole/Weekend $19.00 18 Hole/ Seniors/Weekday $19.00 9 Hole/Seniors/Weekday $13.00 18 Hole/Junior/Weekday $16.00 9 Hole/Junior/Weekday $12.00 1 ORDINANCE NO. For purposes of this section, weekend shall mean Friday, Saturday, and Sunday. Weekday shall mean the remaining four days of the week. B. Golf Cart Fees: 18 Hole course $24.00 9 Hole course $14.00 C. Driving Range Fees: Large Bucket $7.00 Small Bucket $4.00 D. Lesson Fees: 1/2 Hour Private $40.00 1 Hour Private $60.00 '/2 Hour Series Private $140.00 1 Hour Series Private $220.00 Group Series $90.00 SECTION II. This ordinance shall be effective April 1, 2007. 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.1318:11/3 0/06:ma 15i- fia y /12-H12-0010 . . 4,41ed 1a-ii-aaa/ CITY OF RENTON, WASHINGTON ORDINANCE NO. 542 V9 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-1-220, PROPERTY TAX EXEMPTION FOR MULTI-FAMILY HOUSING IN RESIDENTIAL TARGETED AREAS, OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY EXTENDING THE SUNSET FOR APPLICATIONS FOR THE PROPERTY TAX EXEMPTION FOR MULTI-FAMILY HOUSING IN RESIDENTIAL TARGETED AREAS. WHEREAS, on December 22, 2003, the Renton City Council adopted Ordinance No. 5061 (codified in RMC 4-1-220)to establish a limited property tax exemption to encourage multi-family housing development in designated residential targeted areas; and WHEREAS,the multi-family housing property tax exemption for new applications will sunset on December 31, 2006, unless extended by City Council action; and WHEREAS,the provisions of Section 4-1-220, Property Tax Exemption for Multi- Family Housing in Residential Targeted Areas, were useful in helping to stimulate new construction of multi-family housing in residential targeted areas; and WHEREAS,the Renton City Council desires to continue to encourage additional multi-family housing in residential targeted areas and thereby extend the multi-family housing property tax exemption for an additional three years unless further extended by Renton City Council action; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L Subsection 4-1-220.M, Sunset of Exemption for Applications for Conditional Certificates, of Chapter 1, Administration and Enforcement, of Title IV 1 ORDINANCE NO. (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: D. SUNSET OF EXEMPTION FOR APPLICATIONS FOR CONDITIONAL CERTIFICATES: The City shall not accept new applications for conditional certificates as provided in RMC 4-1-220.E after December 31, 2009, unless extended by City Council action. Incomplete applications for conditional certificates as of December 31, 2009, shall be returned to owners. Notwithstanding the above, the City shall process(i)pending complete applications for a conditional certificate as of December 31, 2009, and (ii) applications for an extension of the conditional certificate and/or a final certificate received after December 31, 2009, as provided in this Section under Sections RMC 4-1-220.D through RMC 4-1-220.J. Sections RMC 4-1-220.0 and RMC 4-1-220.J through RMC 4-1-220.L shall continue to apply to all properties that have been or are issued a final certificate of tax exemption under this Section until expiration, termination or cancellation of the tax exemption. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after its 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 2 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1316:11/3 0/06:ma 3 151 read/' &-V-06 /Id#d /01-1/10104 CITY OF RENTON, WASHINGTON ORDINANCE NO. Jra.5O AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2006 BUDGET BY USING $12,500 FROM THE FUND 010 FUND BALANCE FOR THE PURPOSE OF PURCHASING EQUIPMENT FOR 2007 RENTON HEART MONTH ACTIVITIES. WHEREAS, donations have been given to the City of Renton Fire Department Memorial Aid Fund; and WHEREAS, the City of Renton Fire Department believes Renton Heart Month to be a beneficial program for the citizens; and WHEREAS,this work was not provided for in the original 2006 Budget; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in the General Governmental Fund is hereby increased as follows: 2006 Original Budget 2006 Adjusted Fund Budget Increase Budget General Fund-Fire $1,000 $12,500 $13,500 000.000000.009.5260.0080.31.000008 Source of funds: Fund 010 fund balance. SECTION II. Funds for this line item are hereby added to the 2006 Budget and hereby removed from the year-end fund balance. SECTION III. This ordinance shall become effective immediately upon its passage, approval, and five(5) days after publication. 1 ORDINANCE 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 Date of Publication: ORD.1313 2:11/28/06:sr 2 PI-read/n(1 / 9Roo6 ldd ed /01-#-0106 CITY OF RENTON,WASHINGTON ORDINANCE NO. 50157 AN ORDINANCE OF '1111 CITY OF RENTON, WASHINGTON, PROVIDING FOR THE 2006 YEAR END BUDGET AMENDMENTS. SECTION L The following funds are hereby amended as follows: 2006 Adjusted 2006 Final Fund No. Fund Description Budget Amendment Budget 000/009 General Fund-Fire Department $14,084,285 $181,341 $14,265,626 Community Development Block 004 Grant Fund 262,257 71,577 333,834 101 Parks Fund 11,297,376 62,000 11,359,376 106 Library/Museum Fund 1,809,862 12,067 1,821,929 220 LID Debt Services Fund 67,826 174 68,000 306 Leased City Properties Fund 904,902 42,816 947,718 402 Airport Fund 2,642,600 11,443 2,654,043 502 Insurance Fund 3,736,001 650,000 4,386,001 TOTAL ADJUSTMENTS $1,031,418 SECTION H. The monies for the budget amendments shown in Section I are derived from available fund balances or increased revenues(see attachment A for more detail.) SECTION III. This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor 1 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1295:11/14/06:ma 2 ORDINANCE NO. Attachment A • GENERAL FUND(Fund 000/0091 Fiscal Year 2006 Adjusted Final 2006 Budget 2006 Budget Change Reason REVENUES FIRE DEPARTMENT GRANTS 149,341 149,341 USE OF PRIOR YEAR REVENUES 719,881 751,881 32,000 TOTAL REVENUES 719,881 901,222 181,341 EXPENDITURES Increase expenditures using various grant FIRE APPROPRIATIONS 14,084,285 14,265,626 181,341 monies TOTAL EXPENDITURES 14,084,285 14,265,626 181,341 COMMUNITY DEVELOPMENT BLOCK GRANT FUND(Fund 004) Fiscal Year 2006 Adjusted Final 2006 Budget 2006 Budget Change Reason REVENUES CDBG GRANT 262,257 333,834 71,577 CDBG Housing Repair Assistance TOTAL REVENUES 262,257 333,834 71,577 Grant increase and CDBG Multi Service Center Capital EXPENDITURES Project grant. CDBG APPROPRIATIONS 262,257 333,834 71,577 TOTAL EXPENDITURES 262,257 333,834 71,577 PARKS FUND(Fund 1011 Fiscal Year 2006 Adjusted Final 2006 Budget 2006 Budget Change Reason REVENUES REVENUES 11,260,376 11,260,376 USE PRIOR YEAR REVENUE 37,000 99,000 62,000 TOTAL REVENUES 11,297,376 11,359,376 62,000 EXPENDITURES PARKS APPROPRIATIONS 11,297,376 11,359,376 62,000 Energy cost increases. TOTAL EXPENDITURES 11,297,376 11,359,376 62,000 Attachment A 1 ORDINANCE NO. Attachment A LIBRARYIMUSEUM FUND(Fund 1061 Fiscal Year 2006 Adjusted Final 2006 Budget 2006 Budget Change Reason REVENUES REVENUE 1,809,862 1,809,862 USE PRIOR YEAR REVENUE - 12,067 12,067 Budgeted item(Museum temporary TOTAL REVENUES 1,809,862 1,821,929 12,067 employee's salary&benefits) was missing when the department EXPENDITURES code changed from 021 to 024, LIBRARY/MUSEUM APPROPRIATIONS 1,809,862 1,821,929 12,067 in the 2006 original budget. TOTAL EXPENDITURES 1,809,862 1,821,929 12,067 LID DEBT SERVICE FUND(Fund 2201 Fiscal Year 2006 Adjusted Final 2006 Budget 2006 Budget Change Reason REVENUES USE PRIOR YEAR REVENUE 67,826 68,000 174 Fund 220 is closed.The fund balance TOTAL REVENUES 67,826 68,000 174 is transferred to Fund 406. EXPENDITURES TRANSFER TO FUND 406 67,826 68,000 174 TOTAL EXPENDITURES 67,826 68,000 174 LEASED CITY PROPERTIES(Fund 306) Fiscal Year 2006 Adjusted Final 2006 Budget 2006 Budget Change Reason REVENUES REVENUE 904,902 904,902 USE OF PRIOR YEAR REVENUES - 42,816 42,816 TOTAL REVENUES 904,902 947,718 42,816 EXPENDITURES LEASED CITY PROPERTIES 904,902 947,718 42,816 Appropriate to cover the lease TOTAL EXPENDITURES 904,902 947,718 42,816 expenditures. Attach A 2 ORDINANCE NO. Attachment A AIRPORT FUND(Fund 4021 Fiscal Year 2006 Adjusted Final 2006 Budget 2006 Budget Change Reason REVENUES REVENUE 1,921,817 1,921,817 USE OF PRIOR YEAR REVENUES 720,783 732,226 11,443 TOTAL REVENUES 2,642,600 2,654,043 11,443 EXPENDITURES AIRPORT APPROPRIATIONS 2,642,600 2,654,043 11,443 More repairs to the River Hangars TOTAL EXPENDITURES 2,642,600 2,654,043 11,443 were needed prior to painting. WASTEWATER UTILITY FUND(Fund 406) Fiscal Year 2006 Adjusted Final 2006 Budget 2006 Budget Change Reason REVENUES REVENUE 3,846,688 3,846,688 USE PRIOR YEAR REVENUES 44,248 44,248 - TRANSFER IN FROM FUND 220 67,826 68,000 174 Fund 220 is closed.The fund balance TOTAL REVENUES 3,958,762 3,958,936 174 is transferred to fund 406. EXPENDITURES APPROPRIATIONS 3,958,762 3,958,762 - INCREASE ENDING FUND BALANCE - 174 174 TOTAL EXPENDITURES 3,958,762 3,958,936 174 INSURANCE FUND(Fund 5021 Fiscal Year 2006 Adjusted Final 2006 Budget 2006 Budget Change Reason REVENUES REVENUE 3,007,503 3,007,503 USE OF PRIOR YEAR REVENUES 728,498 1,378,498 650,000 TOTAL REVENUES 3,736,001 4,386,001 650,000 EXPENDITURES INSURANCE EXPENDITURES 3,736,001 4,386,001 650,000 Increase appropriation to cover TOTAL EXPENDITURES 3,736,001 4,386,001 650,000 cost of judgment. Attachment A 3