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HomeMy WebLinkAboutCouncil 03/07/2005 0 i AGENDA RENTON CITY COUNCIL REGULAR MEETING March 7, 2005 Monday, 7:30 p.m. 1. CALL TO ORDER AND PLEDGE OF AT J.FGIANCE 2. ROLL CALL 3. PROCLAMATION: Absolutely Incredible Kid Day-March 17, 2005 4. SPECIAL PRESENTATION: Historical Society Accreditation 5. PUBLIC HEARING: Petition for vacation of portion of NE 4th St., east of Rosario Ave. NE(Petitioner: City of Renton) 6. ADMINISTRATIVE REPORT 7. 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. 8. 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 February 28,2005. Council concur. b. City Clerk submits petition for vacation of portion of N. 14th St.,east of Lake Washington Blvd. and Gene Coulon Memorial Beach Park;petitioner Pool Brothers Construction,LLC,PO Box 3023,Renton,98056(VAC-05-001). Refer to Planning/Building/Public Works Administrator; set public hearing on 4/4/2005. (See 11. for resolution setting the public hearing.) c. Community Services Department recommends approval of an amendment to the lease with Eugenio Information Technologies,Inc. (LAG-00-002)for the 3rd floor of the 200 Mill Building to extend the lease for an additional year. Refer to Finance Committee. d. Utilities Systems Division recommends approval of an agreement with Entranco,Inc. in the amount of$61,724.44 for the design of the Edmonds Ave. NE Outfall Replacement Project as part of the May Creek Basin Slope Stabilization Program. Council concur. e. Utilities Systems Division recommends the temporary lane closures of Sunset Blvd. N. and NE Sunset Blvd. and the temporary full closure of the Houser Way Tunnel and Sunset Blvd. NE for the installation of a new sanitary sewer. Closures to take place from March through November, 2005;exact dates dependent on work progress. Refer to Transportation Committee. 9. CORRESPONDENCE 10. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics Le marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Probation Officer Hire at Step D (CONTINUED ON REVERSE SIDE) b. Planning&Development Committee: Critical Areas Ordinance c. Public Safety Committee: Amendment to City Code regarding Abandoned and Junk Vehicles kiwi 11. RESOLUTIONS AND ORDINANCES Resolution: Setting public hearing on 4/4/2005 for the Pool Brothers Construction vacation petition for portion of N. 14th St. (see 8.b) Ordinance for first reading: Abandoned and junk vehicles (see 10.b) Ordinance for second and final reading: Vacation of portions of 140th Ave. SE;petitioner Conner Homes (1st reading 2/28/2005) 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT 14. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 6:00 p.m. Emerging Issues; Filling Council Vacancies Policy#800-10; Southport Development Concerns • 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 March 7, 2005 Council Chambers Monday,7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TERRI BRIERE,Council President;MARCIE PALMER;DON PERSSON; COUNCILMEMBERS RANDY CORMAN;TONI NELSON;DAN CLAWSON;DENIS LAW. CITY STAFF IN KATHY KEOLKER-WHEELER,Mayor;JAY COVINGTON, Chief ATTENDANCE Administrative Officer;LAWRENCE J.WARREN, City Attorney; BONNIE WALTON, City Clerk;JOE MCGUIRE, Court Services Director; GREGG ZIMMERMAN,Planning/Building/Public Works Administrator; KAREN MCFARLAND,Engineering Specialist; STEVE ANDERSON,Museum Supervisor; DEREK TODD,Assistant to the CAO; CHIEF GARRY ANDERSON,Police Department. PROCLAMATION A proclamation by Mayor Keolker-Wheeler was read declaring March 17, Absolutely Incredible Kid Day 2005,to be "Absolutely Incredible Kid Day" in the City of Renton and -March 17,2005 encouraging all adults to make a difference in the life of a child by composing letters and delivering them to the children of the City of Renton on March 17, 2005. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. SPECIAL PRESENTATION Bob Hunt,Renton Historical Society President, introduced the accreditation Community Services: Museum committee(Vicky Porsson,Laura Clawson,Kevin McQuiller, and Museum Accreditation,Renton Supervisor Steve Anderson),and explained that accreditation of the Renton Historical Society Historical Museum is one aspect of a process to make the museum more relevant and more a part of the community. He noted that within the museum's vision and mission, accreditation is the best vehicle for achieving this goal. A video about the American Association of Museums'accreditation program was played,which described how and why the accreditation program was established,the accreditation process, and the benefits of accreditation for both the museum and the community. It was pointed out in the video that accredited status certifies that a museum has met program eligibility criteria and characteristics of an accredited museum,undergone a rigorous process of self- assessment and review by its peers, and operates according to current best practices. In conclusion,Mr.Hunt indicated that accredited status takes a number of years to achieve. Council President Briere voiced her excitement about the accreditation process, and praised everyone for his or her hard work. PUBLIC HEARING This being the date set and proper notices having been posted and published in Vacation: NE 4th St, City of accordance with local and State laws,Mayor Keolker-Wheeler opened the Renton,VAC-04-006 public hearing to consider the City of Renton petition to vacate a 150-foot by 8- foot portion of NE 4th St., located approximately 180 feet east of Rosario Ave. NE(VAC-04-006). Karen McFarland,Engineering Specialist, explained that the subject vacation area will be used in the proposed Amberwood Phase II Preliminary Plat which is currently in preliminary development. This vacation request was brought forth by the Transportation Systems Division on behalf of the developer,Bales March 7,2005 Renton City Council Minutes Page 72 Limited Partnership. She indicated that the developer has agreed to dedicate property at the intersection of NE 4th St. and Rosario Ave. NE in anticipation of a future project to signalize this intersection and to add an eastbound far-side bus pullout. Thus,the public benefit of the proposed vacation is the creation of a consistent and safe alignment along NE 4th St., and future intersection improvements. Continuing,Ms.McFarland indicated that upon circulation of the street vacation request,no objections were raised by City departments or outside agencies. Ms. McFarland reported that the vacation area does not contain any City facilities;however, it does contain buried utilities owned by Qwest for which an easement is necessary. In conclusion,Ms. McFarland stated that staff recommends approval of the vacation request subject to the following conditions: 1. Bales Limited Partnership dedicate an area at the intersection of NE 4th St. and Rosario Ave.NE as agreed to in discussions with Transportation Systems Division staff,and 2. The City grant easements as necessary to any outside utilities with facilities in the vacation area. In response to Councilwoman Nelson's inquiry,Ms.McFarland explained that the subject vacation area will be used for the proposed Amberwood Phase II Preliminary Plat,and the area that the developer has agreed to dedicate to the City will be used for the bus pullout. Responding to Councilman Clawson's inquiry regarding compensation,Ms. McFarland stated that it is anticipated that staff will ask Council to waive compensation for the area to be vacated, since the area to be dedicated•by the developer will be used for future transportation improvements for the overall benefit of the City. Public comment was invited. There being none, it was MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL APPROVE THE VACATION PETITION AS REQUESTED, SUBJECT TO THE CONDITIONS RECOMMENDED BY STAFF. 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 2005 and beyond. Items noted included: * The Renton Senior Activity Center will host a Senior Housing Fair on March 31st, 10:00 a.m. to 12:30 p.m.,to provide seniors with information about housing options. * The Mayor delivered her State of the Economy address at the Renton Chamber of Commerce luncheon last week. The presentation will air on Cable Channel 21 beginning mid-March, and a transcript is featured on the City's website at www.ci.renton.wa.us. March 7,2005 Renton City Council Minutes Page 73 The stairs at Gene Coulon Memorial Beach Park that lead from Kidd Valley to Ivar's are being replaced due to a fairly significant understructure problem. The stairwell will be closed for up to one month and the area has been posted with alternative routes. * The Draft Watershed Habitat Plan will be released on March 10th. The public comment period begins that day and concludes on April 25th. A public meeting on the plan is scheduled on March 22nd at Renton City Hall. Hard copies will be available for review at city halls and libraries, and the document will be available via the Internet at www.metrokc.gov. AUDIENCE COMMENT Rosemary Grassi,PO Box 1188,Renton,98057, stated that the speed and Citizen Comment: Grassi - volume of traffic along Cedar Ave. S. is unacceptable, and she expressed her Cedar Ave S Speeding Traffic concern regarding the safety of the children. She made the following suggestions: install two traffic signs that state "no through traffic" -one on S. 7th St. and one at the bottom of Cedar Ave. S.; install a traffic circle;reconsider installing a speed bump; and install a crosswalk at the bottom of Cedar Ave. S. Mayor Keolker-Wheeler stated that staff is working with the community associations in the Renton Hill area in regards to this issue. Citizen Comment: Temple- Eric Temple,President, Spirit of Washington Dinner Train,PO Box 835, Pavilion Building Lease,Spirit Renton,98057,thanked Council for its decision to move forward with of Washington Dinner Train negotiations with the Spirit of Washington Dinner Train to utilize the Pavilion Building as an event center. Mr. Temple stated that he has spoken with a number of meeting event and wedding planners,and has tentatively booked nine events. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the • listing. Council Meeting Minutes of Approval of Council meeting minutes of February 28,2005. Council concur. February 28, 2005 Vacation: N 14th St,Pool City Clerk submitted petition for vacation of portion of N. 14th St.,east of Lake Brothers Construction,VAC- Washington Blvd. and Gene Coulon Memorial Beach Park; petitioner Pool 05-001 Brothers Construction,LLC,PO Box 3023,Renton, 98056 (VAC-05-001). Refer to Planning/Building/Public Works Administrator; set public hearing on 4/4/2005 to consider the petition. (See page 74 for resolution setting the public hearing.) Lease: Engenio Information Community Services Department recommended approval of an amendment to Technologies, 200 Mill Bldg the lease with Engenio Information Technologies, Inc. (LAG-00-002)for the (3rd Floor),LAG-00-002 3rd floor of the 200 Mill Building to extend the lease for an additional year. Refer to Finance Committee. Utility: Edmonds Ave NE Utilities Systems Division recommended approval of an agreement with Outfall Replacement,Entranco Entranco,Inc. in the amount of$61,724.44 for the design of the Edmonds Ave. NE Outfall Replacement Project as part of the May Creek Basin Slope Stabilization Program. Council concur. Streets: Sunset Blvd N, NE Utilities Systems Division recommended the temporary lane closures of Sunset Sunset Blvd &Houser Way Blvd. N. and NE Sunset Blvd. and the temporary full closure of the Houser Tunnel Closures Way Tunnel and Sunset Blvd. NE for the installation of a new sanitary sewer. Closures are to take place from March through November, 2005, with exact dates dependent on work progress. Refer to Transportation(Aviation) Committee. March 7,2005 Renton City Council Minutes Page 74 MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending Finance Committee concurrence in the staff recommendation to approve the hiring of a new Municipal Court: Probation Probation Officer at Step D of the salary range. The start date will be March 1, Hire at Step D 2005. MOVED BY PERSSON, SECONDED BY NELSON,COUNCIL CONCUR IN THE COMMITTRF,REPORT. CARRIED. Planning &Development Planning and Development Committee Chair Clawson presented a report Committee recommending a public hearing be set on 3/21/2005 to consider the Critical Planning: Critical Areas Areas Ordinance. MOVED BY CLAWSON,SECONDED BY LAW, Ordinance COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Safety Committee Public Safety Committee Chair Law presented a report regarding junk vehicles Development Services: or abandonment of vehicles. The Committee recommended concurrence in the Abandoned&Junk Vehicles, staff recommendation to approve amendments to Chapter 1,Abandoned City Code Amend Vehicles, of Title VI(Police Regulations)of City Code. The proposed amendments are part of the review of City ordinances to assist in the nuisance abatement efforts of the City. The proposed ordinance adds definitions,makes clarifications to avoid problems with State law,and criminalizes violation of the junk vehicle portion of the ordinance. The criminalization of the junk vehicle portion of the ordinance is necessary to allow staff to obtain search warrants to go upon properties to establish all of the details necessary to prove that a vehicle is a junk vehicle. The Committee recommended that the ordinance regarding this matter be presented for first reading. MOVED BY LAW,SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMrI"1'EE REPORT. CARRIED. (See later this page for ordinance.) RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution#3740 A resolution was read setting a public hearing on 4/4/2005 to vacate a portion Vacation: N 14th St,Pool of N. 14th St.,east of Lake Washington Blvd. N. and Gene Coulon Memorial Brothers Construction,VAC- Beach Park(Pool Brothers Construction,LLC; VAC-05-001). MOVED BY 05-001 LAW,SECONDED BY PALMER,COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 3/14/2005 for second and final reading: Development Services: An ordinance was read amending Chapter 6-1,Abandoned Vehicles,of Title VI Abandoned&Junk Vehicles, (Police Regulations)of City Code by outlawing junk vehicles on private real City Code Amend property,revising abatement procedures,adding definitions,declaring certain violations a misdemeanor, establishing a procedure for handling the abandonment of vehicles or junk vehicles from public property, and providing a statement of legislative purpose. MOVED BY LAW, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 3/14/2005. CARRIED. The following ordinance was presented for second and final reading and adoption: March 7,2005 Renton City Council Minutes Page 75 Ordinance#5128 An ordinance was read vacating a portion of unimproved road located on 140th Vacation: 140th Ave SE, Ave. SE between SE 132nd St. and SE 136th St. (Conner Homes; VAC-04- Conner Homes, VAC-04-001 001). MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Council President Briere announced that the Council meeting will start at 6:30 Council: Meeting Time p.m. next Monday,March 14th. Following roll call, the Council will recess Change(3/14/2005) into executive session to discuss litigation from approximately 6:30 p.m. to 7:00 p.m. The Council meeting will reconvene at 7:30 p.m. She added that Committee of the Whole will meet in the Council Conference Room at 7:00 p.m. to discuss insurance issues. ADJOURNMENT MOVED BY LAW, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 8::116 p.m. 664 Wal ' Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann March 7,2005 Auk RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING March 7,2005 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 3/14 Insurance Issues (Briere) 7:00 p.m. *Council Conference Room* COMMUNITY SERVICES (Nelson) FINANCE MON., 3/14 Vouchers; (Persson) 5:45 p.m. Lease Amendment with Engenio Information Technologies for 3rd Floor of 200 Mill Building PLANNING &DEVELOPMENT THURS., 3/10 Critical Areas Ordinance; (Clawson) 2:00 p.m. City Code Title IV Docket • PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Corman) NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. CITY OF RENTON Mayor Kathy Keolker-Wheeler Nary' rocicumatto-n. Whexect46 March 17, 2005, has been declared the sixth annual Absolutely Incredible Kid Day by Camp Fire USA, a national youth development organization; and Whereat; Camp Fire USA commemorates its ninth annual Absolutely Incredible Kid Day on this date; and Wherea4; as part of the celebration of children on this day, adults are encouraged to send letters of love and appreciation to young people in their lives; and Wh.ereaik, the Camp Fire USA mission pledges a firm commitment to building caring, confident youth and future leaders; and W hereaik, an extension of that commitment is handed to caring adults through this event to express their feelings in a letter or note that has the profound ability to make a lasting and positive impact on the children in our country; Now, There -re/, I, Kathy Keolker-Wheeler, Mayor of the City of Renton, do hereby proclaim March 17, 2005, to be eAy I norectiNe/ kuliDcy in the City of Renton, and I encourage all adults to make a difference in the life of a child by composing letters and delivering them to the children of the City of Renton on March 17, 2005. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 7`h day of March, 2005. Kathy K.siker-Wheeler Mayor of the City of Renton, Washington ' ''err* • 1055 South Grady Way-Renton,Washington 98055-(425)430-6500/FAX(425)430-6523 RENTON AHEAD OF THE CURVE :.� This paper contains 50%recycled material,30%post consumer 4 I P/adhue2�coV 3-yOS- cicl&f `fir►' .Mr• RENTON HISTORIC SOCIETY, 2 3 5 Mill AVENUE SOUT{i,RENTON,WASIIINgTON 9 80 5 5.21 3 3 Vision:Capture the Past, Educate the Present, Inspire the Future Purpose of the Society • The Renton historical Society exists to provide governance, resources and strategic planning for a local history museum, which delivers heritage educational services. Mission Statement The mission of the Renton Historical Society is to preserve, display and interpret the history of Greater Renton by supporting a history Museum which is accessible to diverse people of all ages. The mission is achieved by managing and developing financial and human resources in a prudent manner, in order to maintain responsible stewardship, operational efficiency and adherence to the ate, below stated objectives of the Renton History Museum: • Educating the Renton community and general public about Renton's historical significance and uniqueness. • Collecting' and preserving writings and historical objects that record and illustrate the natural features and development of the area and the nature and activities of its inhabitants from as early a time as possible and continuing through current time. • • Presenting interpretive and educational exhibitions, programs and publications through a museum that is the primary archival and preservation resource center for Greater Renton, and through other regional sites managed by the Society and the Museum. • Conducting research to increase knowledge of historical events and their contexts, and to facilitate authentication,preservation and restoration of historic resources. • Preserving, recording and maintaining the museum's collection according to established professional criteria and standards. • tem` ,J Robert C. Hunt, President, Renton Historical Society November 22, 2004 / - (-7-7 Steve-A—Anderson, Renton History Museum Supervisor November 22, 2004 . . ‘44., Museum ' anon . Accredit • A HigherStandard The Benefits of Accredjtatjon* -c4 AAM 44/1/49 • FG H n W ftii ••4/ • �y 'lib �O *e/0o8a *Actual benefits reported by Accredited museums in a fall 1999 survey AAM Accredited Status Recognizes a museum's: • commitment to excellence and high professional standards of operation and public service • leadership and educational role Signifies: quality and accountability \o„ Certifies a museum has: • met program eligibility criteria and characteristics of an accreditable museum • undergone a rigorous process of self- assessment and review by its peers • operates according to the current best practices O\, ,t) by thegM F Z • �D N G )1341 _rn✓ �S1211/do No\�a . . Benefits of Accredited Status • Creates a positive public image • Allows staff and board opportunity to be thoughtful about their practice • Source of pride for all associated with museum • Public funding agencies see museum as Nue credible • Private donors see museum as credible • Improves working relationship with other museums • Helps museum lobby to local and state governments ����c) by the „ Q :NC) D 1,5\ � 40 �..rs �\ ���o No`y Benefits ofSelf-Study • Opportunity for overall institutional evaluation • Opportunity to review and revise policies and strategically plan • Staff and board inclusiveness and improved communications • Provides a clearer sense of mission and institutional goals and priorities • Tool for benchmarking against current standards and best practices, and past and future operations by the 9 ¢ Z • D g Na\ c)\ Benefits of Peer Review • Narrative Report — Strengths and weaknesses — Written document / feedback — Notice by Governing Authority — Outside perspective — Review by peers — Future planning • Dialogue and learn fromp eers • Motivation for improvements ,tp by the 9 Q • D r 7OO �5�`V�O NO�Y�� More Outcomes of the Accreditation Process • Leads to sustained organizational development and improvement • Education process for trustees • How museum "stacks up against the competition" • Cohesiveness and focus of purpose • Validation of work and accomplishments • Tangible feedback • Comprehensive, historical documentation O\.0D by the Yy • 134) aik CAP 00 7��411dO NO\�� arr..rr.rr�r.rrr trids! 414100 4 RENTON HisTORicAI SociEry, 235 Mill AVENUE Soukk,RENTON,WAshiNgTON 98055-2133 List of Accredited Museums in Washington State Burke Museum of Natural History and Culture, University of Washington, Seattle Frye Art Museum, Seattle Henry Art Gallery, University of Washington, Seattle Maryhill Museum of Art, Goldendale Museum of Flight, Seattle Museum of History and Industry, Seattle Naval Undersea Museum, U.S. Department of the Navy, Keyport Northwest Museum of Arts and Culture, Spokane Seattle Art Museum, Seattle Tacoma Art Museum, Tacoma Washington State History Museum, Tacoma Whatcom Museum of History and Art, Bellingham City of Renton PUBLIC INFORMATION HANDOUT March 7, 2005 STREET VACATION PETITION VAC-04-006 For additional information, please contact: Karen McFarland; City of Renton Technical Services 425.430.7209 DESCRIPTION: The City Council will hear a proposal requesting the vacation of a 150' by 8' portion of NE 4th Street approximately 180 feet east of Rosario Ave NE. The requested vacation area is shown on the accompanying map exhibit. SUMMARY: A vacation petition was received December 21, 2004 from the City of Renton's Transportation Systems Division on behalf of Bales Limited Partnership. City Code requires that more than two-thirds (2/3) of the owners whose property abuts the street to be vacated must sign the petition. One-hundred percent (100%) of the abutting property owners have signed this petition. The portion of right-of-way included in this petition was conveyed by George M. Bales and Alice Bales to King County though a Warranty Deed on April 5, 1976. There are no City-owned facilities within the requested area. However, QWEST does have facilities within the requested area None of the City Departments surveyed have objections to the vacation. The requested vacation area will be used in the proposed Amberwood II Plat which is currently in preliminary development. As previously mentioned, this vacation request is being brought forward on behalf of Bates Limited Partnership by the City of Renton's Transportation Systems Division. The Transportation Systems Division has come to an agreement with the developer of the Amberwood Phase II Preliminary Plat in which property will be dedicated at the intersection of NE 4th Street and Rosario Ave NE in anticipation of a future project to signalize this intersection and to add an eastbound far-side bus pull-out. Thus, the public benefit provided by the proposed vacation would be to create a consistent and safe alignment along NE 4th Street and to make future intersection improvements at NE 4th Street and Rosario Ave NE. As established by RCW 35.79.030, the street vacation petition, if granted, must be approved by the City Council through ordinance after a public hearing is held. The City shall receive compensation in accordance with RCW 35.79.030 for the vacated alley. The ordinance shall be recorded with King County once it is in effect. Vicinity Map Street Vacation VAC-04-006 Petitioner: City of Renton/Transportation Systs. Div. W a) a NE 4th St ,o 7---------72=zzarzzaw L to o Area of W Vacation Request NE 3rd Ct - Vicinity Map ffl 1 laj - *ail wIUI it - bit % le ri - c.R.r,„, --, 0 100 200 11111■ t f. 1: 1200Lei 0 '� . , Technical Services r f I 1 n Piannin`/Building/Public Yorke I a H. 1[cFar and �� .- March 2, 2005 Public Hearing on STREET VACATION PETITION VAC- 04 - 006 March 7, 2005 KF. uTON �n z 0 U O a 1 J l l l l - T- - --7 1 t i -- ,-- 7 _ - ' — NI =pr________ iiw117 •♦ ,4016,4 ; • 1 I 1 I , atiPitt Ala ,--, -i li p jit 0 I. ' -/ IVIIII FL , , — — al • , did : ....0.......18. ..-p. va,5 , - 1 .-■- __ _____ _________ _ • : , , _- _ --t- w . _ __s:._ — i'■ •■ J - ________ -Imo — �� - �' ■. � .Num ir „ - rim ---= �� - - - map ii VI. _ r NOILLYJOTE LOCATION 1 1 w 11 ( �' Z > NE 4th Street c — 150' o NE 3rd Ct eJ ,i' -.4 LSC ,f,,,-;:.::';..4.f.,",'57' uy art ,�• ?'e F .P aT` ? ,,,i GiI M:t M , �� , ;, 'rte` JJ .', , _ - 4',,,,.•••,,7..,..:„jj 'tel y Y l � y 3y • } .k'' _�¢ Yi . Z Zy �!w r - fly" ' i r>. �• r� J ,F.a. � �,,,:,;•,,,,,,-,- • r; k a `�� �� . a w� `.� 'lir 7• ... .. .. -,o_ r r - - li"4 NOLTAVJOTE BACKGROUND • Petition received December 2004 c • Pursuant to State and City Code, more than 2 / 3 of the abutting owners must sign the petition • 100% of abutting owners have signed t BACKGROUND • Obtained through a Warranty Deed to King County dated April 5, 1976 . { • Came into the City as part of Bales Annexation. • Facilities: ( Buried utilities (QWEST) PUBLIC BENEFIT Z NE 4t" Street cn0 E NE 3rd Ct PUBLIC BENEFIT • Request associated with an agreement between Transportation Systems Division � and the developer of the Amberwood Phase II Preliminary Plat • Would create a consistent and safe alignment along NE 4th Street c • Would make future intersection improvements possible at NE 4th Street and Rosario Ave N. NOTIFICATION • Notice was given to property owners within the immediate vicinity of the proposed street vacation. • To date, staff has received no comments regarding this petition. RESEARCH / SURVEY • Vacation request was circulated to � various City departments and outside agencies for review • No objections were raised c RESEARCH/ SURVEY Outside Agency Review Comments • QWEST has facilities in the requested vacation area and has indicated that an easement is needed. • PSE and Water District 90 have no facilities in the requested vacation area and have indicated that no easement is needed. t • To date, Comcast and Electric Lightwave have not responded to the City's request for comments. The Planning/Building/Public Works Department recommends that Council ✓Approve the request to vacate subject to the condition that Sales Limited Partnership r dedicate an area at the intersection of NE 4th Street and Rosario Ave NE as agreed in discussions with the Transportation Systems Division. ✓Authorize the Mayor and City Clerk to grant easements as necessary to any outside utilities with facilities in the requested vacation area. NEXT STEPS If Council approves this vacation petition: • petitioner orders and submits an appraisal • staff reviews the appraisal and returns to Council so that compensation can be set The Planning/Building/Public Works Department recommends that Council ✓Approve the vacation request subject to the condition that Bales Limited Partnership dedicate an area at the intersection of NE 4th Street and Rosario Ave NE as agreed in discussions with the Transportation Systems Division. ✓Authorize the Mayor and City Clerk to grant easements as necessary to any outside utilities with facilities in the requested vacation area. CITY OF RENTON MEMORANDUM DATE: March 7, 2005 TO: Terri Briere, Council President Members of the Renton City Council FROM: Kathy Keolker-Wheeler, 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 • The Renton Senior Activity Center,211 Burnett Avenue North,will host a Senior Housing Fair on Thursday, March 3151,from 10:00 a.m. to 12:30 p.m.,to provide seniors with information about housing options. Representatives from Renton area senior housing projects will be available to answer questions about retirement homes, adult family homes, low-income housing,affordable housing, long-term Care facilities, human services, and assisted-living facilities. For additional information about the event,please call the _ Renton Senior Activity Center at 425-430-6633. ADMINISTRATIVE/JUDICIAL/LEGAL SERVICES DEPARTMENT • Mayor Kathy Keolker-Wheeler delivered her State of the City's Economy address at a Renton Chamber of Commerce luncheon last week. She presented a regional and local economic outlook; a summary of 2004 employment statistics, sales tax collections and housing sales; details about the 2005 budget; economic activity in downtown Renton,the Highlands,north Renton and the Valley; various infrastructure improvements; and 2004 accomplishments. The transcript of her presentation is featured on the City's website, www.ci.renton.wa.us, and will also air on Cable Channel 21 beginning in mid-March. COMMUNITY SERVICES DEPARTMENT • The water walk at Coulon Park was closed to the public on Saturday and Sunday, March 5th and 6th, and could possibly be closed all this week due to major construction activities on the gangway replacement,handrail removal/replacement, and concrete formwork for the floating picnic pads. The day moorage area is also closed for the same reasons,but construction there is further along. The area has been posted accordingly. • The stairs at Coulon Beach Park that lead from Kidd Valley to Ivars are being replaced due to a fairly significant understructure problem. A new galvanized beam has been ordered and will be delivered in approximately two weeks. The stairwell will be closed for up to one month and the area has been posted with alternative routes. • Three specialized recreation teams and two individual skills athletes traveled with their coaches,parents, and friends to Wenatchee last weekend to represent Renton at the Washington Special Olympics Winter Games. A special thank you to The Boeing Company for providing a bus to assist with the transportation of these athletes. Administrative Report March 7,2005 Page 2 • The Recreation Division Youth Basketball season came to a close last weekend. During the nine-week season, 707 third through seventh grade girls and boys participated in 301 games, with volunteer coaches logging 2,736 hours. • Tomorrow,March 8th,registration begins for Adult Co-ed Spring Volleyball, Men's Spring Basketball, and Co-ed Summer Softball leagues. • The Renton Historical Museum will present interesting daytime speaking events on March 14th,March 22nd, and April 5`s. Each event takes place at 1:00 p.m. at the Museum, 235 Mill Avenue South. Tickets are$2 for residents, seniors,and students and$3 for non-residents. Admission is free for Renton Historical Society members. For more details,call the Museum at 425-255-2330. • Volunteers trained by the IRS and AARP-Tax Aide are available at various Renton locations to provide free tax preparation assistance to people age 60 and older and those with low to moderate incomes. The service is available through April 131. Visit the City's website at www.ci.renton.wa.us, or call 425-430-6650 to find specific locations. FIRE DEPARTMENT • The Renton Fire Department will be conducting a live fire training burn in the 1100 block of Glenwood Avenue NE on Thursday,March 10th,between the hours of 9:00 a.m. and 6:00 p.m. They will be working with the University of Washington research crews to complete the performance study of the firefighting chemical Blockade. If satisfactory,the product will replace current firefighting foam products that are less environmentally friendly. The Boeing Fire Department will also be in attendance to assess the effectiveness of this product. • The Renton Fire Department received a matching fund grant from the Department of Homeland Security and the Office for Domestic Preparedness. The Federal Government's.share is 70%,or$52,663, and the City's share is 30%, or$22,140. The total$73,803 will be used for programs operated by the Department's Dive and Hazardous Materials Teams. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • The Draft Watershed Habitat Plan will be released on March 10t. The public comment period will begin that day and conclude April 251. Public meetings on the Plan are scheduled for late March with a meeting scheduled at Renton City Hall on Tuesday,March 22°d. The entire document will be available on-line at www.metrokc.gov and hard copies will be available for review at city halls, King County Library System branches, and libraries in Seattle,Renton, and Enumclaw. CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: For Agenda of 3/7/2005 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie Walton,x6502 Agenda Status Consent X Subject: Public Hearing... X Street Vacation Petition; portion of N. 14th St., east of Lake . Correspondence.. Washington Bl. and Gene Coulon Beach Park; (Petitioner: Ordinance Pool Brothers Construction, LLC, File No. VAC-05-001) Resolution X Old Business Exhibits: New Business Petition, legal and map Study Sessions Resolution setting public hearing Information Recommended Action: Approvals: Set public hearing date of 4/4/2005, and refer to Legal Dept X Planning/Building/Public Works Administrator for Finance Dept recommendations Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF REQUEST: On January 24, 2005, a petition was submitted by Matt Pool of Pool Brothers Construction, LLC, P.O. Box 3023, Renton, 98056, requesting vacation of a portion of the southerly half of Morgan Ave. (SE 110th St)between Lake Washington Blvd. and I-405. The Planning/Building/Public Works Department has verified the petition documents and reports that 100% of the abutting property owners have signed the petition. The City name for this street is N. 14th Street, located east of Gene Coulon Beach Park. STAFF RECOMMENDATION: Adopt a resolution to set a public hearing on 4/4/2005, and refer the petition to the Planning/Building/Public Works Administrator for determination of advisability of the vacation and need for retention of easements. cc Karen McFarland Reference: 35.79 RCW&RMC 9-14 OC-05-00 PET,..ION FOR STREET VACATIG, . CITY OF RENTON IN THE CITY OF RENTON JAN 2 4 2005 To the Honorable Mayor and Date 1-17-05 Members of the City Council RECEIVED City of Renton Circulated By: Pool Brothers Const I,LLC RK'S OFFICE 1055 S. Grady Way Renton, WA 98055 Address: P.O.Box 3023 Renton, WA 98056 Dear Mayor and Council Members: Telephone: 253-405-3475 We, the undersigned property owners abutting a certain portion of public Right-of-Way, respectfully request the vacation of the street or alleyway as described on the attached "Exhibit A" and commonly known as: Southerly half Morgan Ave (SE 110th St) between Lake (Insert closest cross streets and reference the street name,i.e.NE Bog Street from Bicycle Alley to Slalom Avenue NE.) Washington Blvd and SR 405. We request a time and place be fixed when this petition will be heard by the City Council. Of the property owners abutting the area of this petition 10 0 % [2/3 or more required]of the lineal frontage have agreed and indicated their joining this petition with their signatures below: signature signature %at' Pool Brothers Const. 253-405-3475 print name phone print name phone P.O.Box 3023 Renton, WA 98056 address address 3344500005 property identification number property identification number Instructions: 1. Insert name of street. (i.e.NE 4th,alleyway east of Sunset Blvd.) 2. Attach complete legal description(i.e. metes and bounds, etc.) 3. Have the applicable property owners provide the following: a) Sign name. (Signatures of owners of 2/3 of lineal frontage must sign. Spouses do not need to sign. Owners in common must sign.) b) Print name and phone number. c) List Property address and King County tax parcel identification number. 4. Attach a map to the petition designating the vacation boundaries. 5. Attach a brief statement of the purpose to be served by the street vacation. 6. Submit$250.00 filing fee with application. SUBMIT PETITION TO THE CITY CLERK, SEVENTH FLOOR, RENTON CITY HALL. H:�File SysWPRM-Property Services Administration\Administrative\Forms\Street Vacation Petition.doc If and when the City Counc.. approves the vacation at a public hearinb,payment of a post- hearing processing fee of$250.00 will be required. 'err+ signature signature print name phone print name phone address address property identification number property identification number signature signature print name phone print name phone address address property identification number property identification number • signature signature print name phone print name phone address address property identification number property identification number H:�File Sys\PRM-Property Services Administration Administrative\Forms\Street Vacation Petition.doc Exhibit A Legal Description THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. MORE FULLY DESCRIBED AS FOLLOWS: THE SOUTHERLY HALF OF MORGAN AVENUE (S.E. 110 STREET) AS SHOWN ON THE FACE OF THE PLAT OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN some DIVISION NO. 5; LYING EASTERLY OF THE EAST MARGIN OF LAKE WASHINGTON BOULEVARD AND WESTERLY OF THE WESTERN MARGIN OF STATE ROUTE 405; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. H:\File Sys\PRM-Property Services Administration\Administrative\Forms\Street Vacation Petition.doc Map Exhibit � �p, 1- , \ ---- -♦ 1 io 2-cc , .co \ 00841 .. N 540‘ X15- \` cc - 0 N F`O\ N \ 4 • \c„ 352 \, `'\` . <-0 \ W \ \ 44,4 1 ii\lik \ L r�` , • \` , 52300 \ 1 Z \\ 'y NS o\ 348 1.20 AC i 39788+► `N \Ns \ 0080 ♦ 1 \ .\ p a 048 \ \ o \ 2 0 1,. 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I I ti 1 \ • 3. `,42 L_`. I ` Imn 1 n I , ti n1 < ° •� I Q 1 QAA �` \ 43 "''.1_ ,,� , i `\ f i 2°° `, 11 `•� 315 A••.. cc i 1 ` I `\\�` i 55002d� \ 1 \\N 2 t I ,`.!�b`` `m11; 50 I 50 30 I 30 1 1.26 AC \ _ \ 1 CITY OF RENTON JAN 2 4 2005,,E SADLER / BARNARD & ASSOC. IN x.CLERK'SVED OFFICE __ 12714 VALLEY AVENUE EAST, SUITE "B" SUMNER, WASHINGTON 98390-1522 PHONE (253) 826 - 8135 FAX (253) 826 - 8136 TOLL FREE 1 - 888 - 941 - 1599 January 17, 2004 Ladies and Gentlemen, In the matter regarding the vacation of the southerly half of Morgan Avenue (also known as Southeast 110th Street) we submit the following justification in support of the stated vacation. Morgan Avenue lies across Lake Washington Boulevard from Gene Coulon Memorial Beach Park. The eastern terminus of this street is the western right of way line of state route 405. The total length of this street is 300 feet. Abutting this street on the north side is the new development, The Bluffs. On the south side is an overgrown lot on which is located the remains of a burned down home. The street itself has some minor storm improvements from The Bluffs. Apart from these storm improvements there are no improvements on this street. From Lake Washington Boulevard the street is relatively flat for approximately 100 feet, then rises 50 feet to meet the right of way of SR 405. The public cannot benefit in any way through the development of this street to public road standards. The slope across the eastern portion of this site precludes a road being built at any reasonable grade and definitely would not be able to meet the grade required by the Fire Dept. The development of this road would be classified as a road to nowhere. The property to the north already has access from Lake Washington Blvd. and would not be able to gain access from this street if ever built. As mentioned it terminates at SR 405, and would not serve any property except the property to the south. The public would realize a greater benefit by having the south half of this road vacated for several reasons. First, the initial vacation would provide the city with an immediate payment for the property. Second, the additional property that would be added to the southern lot would allow for a reasonable size commercial development. As one of the requirements of the development of this lot, the developer would be required to provide sidewalk improvements along approximately 200 feet of Lake Washington Blvd. for local use by joggers and pedestrians. Next, because this vacation would allow for the above stated development an extremely trashy and overgrown area along the lakefront would be cleaned up, providing a nicer view for drivers and boaters. Last, this vacation would ultimately provide jobs in the short term for construction of the building to follow this vacation. In the long term, the business's that would lease the site would provide not only jobs but a tax base benefiting the City also. For the above stated reasons we believe that the interests of the public and the City, both in the short term and long term, would best be served by vacating the southerly half of Morgan Avenue (also known as Southeast 110th Street). We ask that the City review this petition and grant the vacation of this half street. Respectfully Michael Luna Planner CITY OF RENTON, WASHINGTON `''r"" RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A HEARING DATE TO VACATE A PORTION OF N. 14TH STREET EAST OF LAKE WASHINGTON BLVD. N. AND GENE COULON BEACH PARK (POOL BROTHERS CONSTRUCTION, L.L.C., PETITIONERS; VAC-05-001). WHEREAS, a Petition has been filed with the City Clerk of the City of Renton on January 24, 2005, pursuant to the requirements of RCW 35.79, petitioning for the vacation of a portion of N. 14th Street, also known as the southerly half of Morgan Avenue or S.E. 110th Street, east of Lake Washington Blvd. N. and Gene Coulon Beach Park, as hereinafter more particularly described, and the petition having been signed by the owners of more than two-thirds(2/3) of the property abutting upon the street portion sought to be vacated, and described as follows: See Exhibit"A" attached hereto and made a part hereof as if fully set forth herein Nise (A portion of N. 14th Street, also known as the southerly half of Morgan Avenue or S.E. 110th Street, east of Lake Washington Blvd. N. and Gene Coulon Beach Park). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L That April 4th, 2005, at the hour of 7:30 P.M. at the City Council Chambers at City Hall, Renton, King County, Washington, is hereby fixed as the time and place for a public hearing to consider the Petition for vacating a portion of N. 14th Street, also known as the southerly half of Morgan Avenue or S.E. 110th Street, east of Lake Washington Blvd. N. and Gene Coulon Beach Park, which hearing date is not more than sixty nor less than twenty days from the date of passage of this Resolution. 1 RESOLUTION NO. SECTION IL The City Clerk is hereby authorized and directed to give notice of 'owe the time and date of this hearing as provided in RCW 35.79.020 and any and/or all persons interested therein or objecting to this vacation may then appear and be heard, or they may file their written objections with the City Clerk at or prior to the time of hearing on this vacation. SECTION ILL The City Council shall determine, as provided in RCW 35.79.030, as to whether an appraisal shall be secured to determine the fair market value of the property sought to be vacated as provided for in Ordinance No. 4266, and the amount of compensation to be paid by the Petitioner-Owners to the City for this vacation. The City likewise reserves the right to retain an easement for public utility and related purposes. PASSED BY THE CITY COUNCIL this day of , 2005. r Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1097:3/2/05 2 Exhibit A Nitio Legal Description—Street Vacation (Portion of North 14th Street): The southerly 30 feet of the right-of-way 60 feet in width as delineated in C.D. Hillman's Lake Washington Garden of Eden Division 5, according to the plat thereof recorded in Volume 11 of Plats, Page 83, Records of King County, Washington, as Morgan Avenue and lying westerly of State Highway 405 and easterly of lake Washington Boulevard North. Situate in the Southwest Quarter of Section 5, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. Vicinity Map Street Vacation VAC-05-001 Petitioner: Pool Brothers Construction, LLC t T i-405 S00 ‘11, `fly /' / G / Gene Coulon Beach Park 7 N. 14th St. ``````"``��� Vacation Request mill- /111111 S' - Vicinity Map _ nJ ,1 E `o j ' s - Lake ) Sick, I • ,-r 0 200 400 =-Washington .... _ 1 iiiiiiiiiii.;><:: •s. Gene I I: -= ,r- 1 :2400 • Coulon \ r_ uTP "TT Technical Services _ VIP# Tr. H AI__W ♦n= Planning/suilding/Public Works _ K. YcFar and 0 ' .' -T Feb. 25, 2005 ...A CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: For Agenda of: 3/7/05 Dept/Div/Board.. Community Services/Facilities Staff Contact Peter Renner Ext. 6605 Agenda Status Consent X Subject: Public Hearing.. Lease Amendment with Engenio Information Correspondence.. Technologies, Inc. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Lease Amendment Information Recommended Action: Approvals: Refer to Finance Committee Legal Dept x.... Finance Dept..x... Other Fiscal Impact: Expenditure Required... none Transfer/Amendment Amount Budgeted Revenue Generated Up to an additional $99,307.66 over the 1-year life of the amended lease Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Engenio Information Technologies, Inc., a tenant on the 3rd floor of the 200 Mill Building, requested an amendment to their original lease, which ends April 30th, 2005. The amendment would extend the lease for an additional year with the right of termination after the first six months. The business terms of the proposed Lease Amendment have been favorably reviewed by our real estate team and by City staff. Legal and Risk Management have reviewed the proposed Lease Amendment document. Business terms also include a brokerage fee of 5% to Engenio's representing broker, Studley Real Estate Services and 2 1/2% to our property manager, GVA Kidder Matthews, for a total of$7,881.56. This cost will be paid from the rental account. STAFF RECOMMENDATION: Council authorize the Mayor and City Clerk to sign the proposed Lease Amendment with Engenio Information Technologies, Inc. Rentonnet/agnbill/ bh MEMORANDUM i4 rll CITY OF RENTON COMMUNITY SERVICES 0 Committed to Enriching Lives 0 TO: Terri Briere, Council President Members of the Renton City Council VIA: ` Kathy Keolker-Wheeler, Mayor FROM: Dennis Culp, Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director(x6605) SUBJECT: Lease Amendment with Engenio Information Technologies, Inc. Nose DATE: February 24, 2005 Issue: Should the Council authorize the Mayor and the City Clerk to sign a Lease Amendment with Engenio Information Technologies, Inc., for space on the third floor of the 200 Mill Building? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease Amendment. Background: • Engenio,then doing business as Syntax Systems Incorporated, signed an original five-year lease with the City for a full floor of the 200 Mill Building(6,005 rentable square feet) in April 2000. The lease was structured as a full-service lease,with the City providing all utilities, custodial and janitorial services, and property insurance inclusive in the rent. • This particular business unit has been separated to a degree from its parent company. Future plans for the business unit are not clear,but are anticipated to develop in the next year. Therefore, Engenio has requested an amendment to the Tern Briere February 14,2005 Page 2 fir► lease to extend their current lease agreement for a one-year period, with a right of early termination after 6 months. • The business points of the amended lease are as follows: o For the first six months of the lease, rent will continue at its current amount: $9,017.58 per month. For the second six months, rent will decrease to $8,757.29 per month, in recognition of current rent levels that are lower now than in 2000 (when the original lease was signed). o The current lease rate is $18.19 per square foot; the ending lease rate is $17.40 per square foot. Both of these rates are above current market rates. o The brokerage fees total $7,881.56,payable from the rental account. o In the event of early termination, the tenant will repay the unamortized portion of the brokerage fee. o There are no other change requests. Conclusion: Cooperatively extending Engenio's lease term for up to one year meets their business needs and provides the City with continuing cash flow. Niue C: Jay Covington,Chief Administrative Officer Michael Wilson,Interim FIS Administrator Larry Warren,City Attorney FIRST AMENDEMENT TO LEASE This First Amendment to Lease(the"First Amendment")is entered into as of this day of 2005,by and between the City of Renton,Washington,a Washington municipal corporation("Landlord") and Engenio Information Technologies,Inc.,a Delaware corporation("Tenant"),with reference to the following recitals. A. On or about April 5,2000 the City of Renton,Washington,a Washington municipal corporation("Landlord")and Tenant's predecessor,LSI Logic Corporation(f/k/a Syntax Systems Inc., a Washington corporation)entered into an Office Lease(the "Original Lease")for that certain premises commonly know as Suite 300(the Original Premises")located on the third floor of the 200 Mill Avenue South,Renton,Washington (the"Building"). Engenio Information Technologies,Inc. acquired LSI on or around June,2004. The Original Lease is hereinafter referred to as the "Lease". Pursuant to the Lease,Tenant now leases Suite 300 comprising approximately 6,005 rentable square feet in the Building(the"Premises"). B. Tenant and Landlord hereby agree to extend the Term of the Original Lease and modify the Minimum Monthly Rent defined in Article 1 (i)of the Original Lease. C. Landlord and Tenant wish to amend the Lease on the Lease on the terms and conditions set forth below. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. "Extension of Lease Term." Effective upon full execution of this Amendment No. 1, the Term of the lease shall be extended by twelve months from May 1,2005 to April 30, 2006. The Expiration Date shall be April 30,2006. 2. "Minimum Monthly Rent" . Effective May I,2005,the Minimum Monthly Rent shall be modified to be$8,757.29 per month,payable in accordance with Article 5 of the Original Lease. Tenant shall continue to pay the scheduled Minimum Monthly Rent through April 30,2005. Period Monthly Amount May 1,2003—April 30,2005 $9,107.58 per month May 1,2005—April 30,2006 $8,757.29 per month 3. "Termination Option". Notwithstanding anything to the contrary contained in this Lease Amendment,Tenant shall have the right to terminate the Lease after the 6th month of the Extended Term(after 10/31/05)by providing Landlord written notice of lease termination,and a Termination Payment equal to the unamortized cost of brokerage fees related to this transaction,amortized at eight percent(8%)over the 12 month term, at the time notice of termination is provided to Landlord. Example,if Tenant provides written notice to terminate the lease,and the Termination payment on November 20, 2004,the Lease shall terminate at the conclusion of three months and any partial month(in this case,February 28,2006— part of the month of November,December,January and February of 2006), after notice of termination is submitted and received by Landlord. In I the event notice is not received,the lease shall remain in full force and effect through the Expiration Date,April 30,2006. Now 4. "Improvements." Tenant hereby accepts the Premises on an"as is,where is"basis with no obligation of Landlord to provide any tenant improvements to the Premises. 5. "Notices". All notices pursuant to the Lease for Tenant, effective January 2005 shall be sent to the following address: Engenio Information Technologies,Inc.,a Delaware corporation, 1621 Barber Lane,M/S AD249,Milpitas,CA 95035,Attn: General Counsel 6. "Confidentiality." Tenant agrees not to disclose the terms and conditions of this First Amendment to any person or entity other than its attorney, including,but not limited to the other tenants of the Building. Nothing contained in this section shall prevent Tenant from producing this First Amendment in a legal proceeding if such production is legally required of tenant, Tenant acknowledges and agrees that it shall be responsible to Landlord for any damages Landlord may incur due to Tenant's breach of this section. 7. "Conflict." If there is a conflict between the terms and conditions of this First Amendment and the terms and conditions of the Lease,the terms and conditions of this First Amendment shall control. Except as modified by this First Amendment, the terms and conditions of the Lease shall remain in full force and effect. Capitalized terms included in this First Amendment shall have the same meaning as capitalized terms in the Original Lease unless otherwise defined herein. 8. "Authority". The persons executing this First Amendment on behalf of the parties hereto represent and warrant that they have the authority to execute this First Amendment on behalf of said parties and that said parties have the authority to enter into this First Amendment. 9. "Brokers." Landlord and Tenant acknowledge that GVA Kidder Mathews represented the Landlord is this transaction and Ham Southworth and George Fox of Studley Real Estate represented the Tenant. In the event this lease extension is fully executed by r Landlord and Tenant,Landlord will pay Studley Real Estate Inc. a brokerage fee equal to five(5%)of the minimum rent payable over the 12 month lease term. IN WITNESS WHEREOF,the parties hereby execute this First Amendment as of the date first written above. LANDLORD The City of Renton,Washington,a Washington municipal corporation By: Kathy Keolker-Wheeler Its: TENANT Engenio Information Technologies,Inc.,a Delaware corporation By: Its: By: Its: err CITY OF RENTON COUNCIL AGENDA BILL Al#: , d . Submitting Data: Planning/Building/Public Works For Agenda of: 111116.1 Dept/Div/Board.. Utility Systems/Surface Water 3/7/2005 Staff Contact Ron Straka(ext. 7248) Agenda Status Consent X Subject: Public Hearing.. Consultant Agreement to Implement the May Creek Correspondence.. Basin Slope Stabilization Program—Edmonds Ave NE Ordinance Outfall Replacement Project Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Contract Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $61,724.44 Transfer/Amendment Amount Budgeted $61,724.44 Revenue Generated iiime Total Project Budget $430,000.00 City Share Total Project.. SUMMARY OF ACTION: The May Creek Basin Action Plan was jointly prepared by the City of Renton, City of Newcastle, and King County and subsequently adopted by the Renton City Council. One of the major recommendations is the implementation of a slope stabilization program for lower May Creek. The goal of the program is to identify sites contributing sediment into lower May Creek, due primarily to increased surface water runoff and storm systems discharging runoff at the top of steep slopes. The purpose of the slope stabilization program is to construct capital improvement projects to control the sediment loading at the most critical sites. The City of Renton Surface Water Utility has selected Entranco, Inc. from the Utility System's Annual Consultant Roster,to assist with the design phase of the May Creek Slope Stabilization Program to replace an existing failing storm system that discharges down a steep slope at Edmonds Ave NE and is causing erosion. The May Creek Slope Stabilization Program was identified in the 2005 Surface Water Utility CIP work plan under the title "May Creek Basin Plan CIP Implementation". The 2005 appropriated budget for the May Creek Basin Plan CIP Implementation(#421.000600.018.5960.0038.65.065350)is $430,000. STAFF RECOMMENDATION: Approve and execute an engineering consultant agreement with Entranco, Inc., in the amount of $61,724.44,which is already budgeted in the Project Funding($430,000),to assist with the design phase of the Edmonds Ave NE Outfall Replacement Project as part of the May Creek Slope Stabilization Program. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1100 Design and Planning\MayCreekSite2\EntrancoContractWork2005\2005EntrancoAgendaBill.doc\CMtp 'o1rr+ CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: February 22, 2005 TO: Terri Briere, Council President Members of Renton City Council VIA: l Mayor Kathy Keolker-Wheeler / FROM: Gregg Zimmerman, Administrator S:\ 1 VL STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor (ext. 7248) SUBJECT: May Creek Slope Stabilization Program—Edmonds Ave NE Outfall Replacement Project '` ISSUE: The May Creek Basin Action Plan was jointly prepared by the City of Renton, the City of Newcastle, and King County and subsequently adopted by the Renton City Council. One of the primary recommendations is the implementation of a slope stabilization program for lower May Creek. The goal of the program is to identify sites contributing sediment into lower May Creek, due primarily to increased surface water runoff and storm systems discharging runoff at the top of steep slopes. The purpose of the program is to construct capital improvement projects to control the sediment loading at the most critical sites. The City of Renton Surface Water Utility has selected Entranco, Inc., to assist with the design phase of the May Creek Slope Stabilization Program to replace an existing failing storm system that discharges down a steep slope at Edmonds Ave NE and is causing erosion. RECOMMENDATION: Approve and execute an engineering consultant agreement with Entranco, Inc.,to assist with the design phase of the Edmonds Ave NE Outfall Replacement Project as part of the May Creek Slope Stabilization Program. The May Creek Slope Stabilization Program was identified in the 2005 Surface Water Utility CIP work plan under the title "May Creek Basin Plan CIP Implementation". The 2005 appropriated budget for the May Creek Basin Plan CIP Implementation (account number 421.000600.018.5960.0038.65.065350) is $430,000. The contract amount for Entranco's services is $61,724.44. Entranco/May Creek Basin February 22,2005 Page 2 of Nifty BACKGROUND SUMMARY: As mentioned above, the May Creek Basin Action Plan was jointly prepared by the City of Renton, the City of Newcastle, and King County and subsequently adopted by the Renton City Council. The adopted plan contained eighteen primary recommendations to be implemented, both jointly and individually, by the City of Renton, the City of Newcastle, and King County. The total cost share for the City of Renton related to implementation of the May Creek Basin Action Plan primary recommendations is $615,000 over a 5-year period (2001- 2005). The total cost for all parties for implementation of the primary recommendations is $2,710,000 over the same period. One of the major recommendations is the implementation of a slope stabilization program for lower May Creek and Honey Creek. The goal of the program is to identify sites contributing sediment into lower May Creek, due primarily to increased surface water runoff and storm systems discharging runoff at the top of steep slopes. The purpose of the slope stabilization program is to construct capital improvement projects to control the sediment loading at the most critical sites. The City of Renton agreed to manage this program and, in turn,provide $475,000 of funding over a 5-year period. To date a total of$45,000 has been spent on the slope stabilization program with the remaining $430,000 programmed in the approved 2005 Surface Water Utility Capital Improvement Program budget. King County also committed, through the aforementioned interlocal agreement,to provide an additional $75,000 of in-kind funding through technical support, conceptual and/or final design review as requested by the City of Renton. Specifically, the Surface Water Utility has completed the following work elements: • Compilation and review of existing technical information; • Preliminary field investigations of lower May Creek and Honey Creek; • Identification of preliminary sites for erosion control projects; • Coordination with King County on potential use of their in-kind contributions; • Preparation of initial work plan for feasibility phase of project; and • Selection of engineering consultant to assist with the preparation feasibility report. • Preparation of a Feasibility Report. The next work element is the actual design, selection, and construction of mitigation measures. The City of Renton Surface Water Utility has selected Entranco, Inc., to assist with the preparation of the design, plans, and specifications for mitigation work on the Edmonds Ave NE Outfall Replacement Project. This site consists of an old corrugated metal pipe conveying stormwater down a steep slope (57%) and traversing three potential landslide zones. The pipe is broken at the toe of the slope and has created a large washout area(see attached photo). Sediment from this area is conveyed overland through a channel to May Creek. Entranco, Inc., Nome H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\l 100 Design and Planning\MayCreekSite2\EntrancoContractWork2005\IssuePaperEntrancoContract.doc\CMtp Entranco/May Creek Basin February 22, 2005 Page 3 of 3 is listed on the Utility System's Annual Consultant Roster and well versed in this particular type fir►, of engineering analysis. The approved 2005 Surface Water Utility CIP budget has $430,000 appropriated in the May Creek Basin Plan Implementation account. The proposed consultant contract amount is $61,724.44. The remaining 2005 fund will be used to fund staff costs and construction. CONCLUSION: The Surface Water Utility requests the Council's approval of an engineering consultant agreement with Entranco, Inc., to assist with the preparation of the design, plans, and specifications as part of the May Creek Slope Stabilization Program—Edmonds Ave NE Outfall Replacement Project. Attachment cc: Lys Hornsby,Utility Systems Director 4'irry err► H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1100 Design and Planning\MayCreekSite2lEntrancoContractWork2005\IssuePaperEntrancoContract.doc\CMtp , ...... _sot, •,, ,14-1wg7 , • i ,J' , ;„..4...-... -4 41117,7x,a :., 11,40..,•,.•!..sT -4.1'' ''''' t',.., I: ' '1••4". - ''''' . -4' i g' r-1,,-7.--7,-.. 7.......... . "-, ,.„,'7:- -',-- -4/ - ----J',, 47,7, 4-—— 's . ..,11.: .... . ,. 4:40*--.-- - „„,', : -. - / -- „: . ,,' -tm- .-..--v,k,„ 1 4 k,4*.4 4."',"",- - , it 1 ' • ,Te,,,, :ii.;1,47•;T:47141", 1% .. . :,..'*,..t.:1' .,i7, ..6 - 41 ,,.. tV4 .7' ..f.; (--„,;.::4., - ,,,,,,• - .."" '., ,,7 '''st., ',. ,' ,,,,:.:,,...,,,,,,,---; .In ... -, - #fr •• ,q11. ....,...... ,a,..,.. .., e ... it . . ..,,,,--.., , . - . .. .,, ,. A- • ,- - . -.N * ----7.- -‘,., .-,..,rts - .*"'.. .4,'`' ,,-L. :„ - ' -,;:z"::'' , • -. ' e-. . 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ENGINEERING ANNUAL CONSULTANT AGREEMENT Nieste THIS AGREEMENT,made and entered into on this , day of , 2005, by and between the CITY OF RENTON, WASHINGTON,A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and Entranco,Inc. whose address is 10900 NE 8th Street, Suite 300,Bellevue, WA 98004, at which work will be available for inspection,hereinafter called the "CONSULTANT." PROJECT NAME: WHEREAS,the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS,the Consultant has represented and by entering into this Agreement now represents,that it is in full compliance with the statutes of the State of Washington for registration of professional engineers,has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS,the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: Nimbi I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has,the necessary equipment,materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans,to the extent feasible,shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines,and specifications, including,but not limited to the following: H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1100 Design and Planning\MayCreekSite2\EntrancoContractWork2005\EntrancoContract2005.doc\c 1 Piazza/Data_Center/Forms/City/Contracts /2000 Consultant.doc bh 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual,Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S.Department of Transportation,Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all Now' cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3,4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications,and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy,timeliness,and completeness of the information provided by the City. Should field studies be needed,the Norse H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1100 Design and Plarming\MayCreekSite2\EntrancoContractWork2005\EntrancoContract2005.doc\c 2 Piazza/Data_Center/Forms/City/Contracts /2000 Consultant.doe bh Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. Iv 14112r OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes,maps,drawings, photo,photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B,Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed,the Consultant is delayed in the performance of its services by factors that are beyond its control,the Consultant shall notify the City of the delay and shall *r►, prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. ^err H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1100 Design and Planning\MayCreekSite2lEntrancoContractWork2005\EntrancoContract2005.doc\c 3 Piazza/Data_Center/Forms/City/Contracts /2000_Consultant.doc bh VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor,materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours)and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed $61,724.44 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non-salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit C are determined as 173.12 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non-salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including,but not limited to travel,reproduction,telephone, supplies, and fees of outside consultants. `fir The direct non-salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non-salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee,which represents the Consultants profit shall be 15 percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant,the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements,for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). `err H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1100 Design and Planning\MayCreekSite2\EntrancoContractWork2005\EntrancoContract2005.docl c 4 Piazza/Data_Center/Forms/City/Contracts /2000 Consultant.doc bh A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. _to rr To provide a means of verifying the invoiced salary costs for consultant employees,the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement,which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not,however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment,the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon,these records. If any litigation,claim or audit is started before the expiration of the three-year retention period,the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City,without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised,the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. Now VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the Consultant,to solicit or secure this contract and that he has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the Consultant, any fee, commission,percentage,brokerage fee,gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty,the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover,the full amount of such fee, commission,percentage,brokerage fee, gift or contingent fee. Nikorge H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1100 Design and Planning\MayCreekSite2lEntrancoContractWork2005\EntrancoContract2005.doc\c 5 Piazza/DataCenter/Forms/City/Contracts /2000_Consultant.doc bh Any and all employees of the Consultant,while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees,while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part Now of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis,or other basis, during the period of the contract, any professional or technical personnel who are,or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement,the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work,the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race,creed, color, national origin,marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's;rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non- Discrimination provision,this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future,unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. y XI we TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10)days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member,partner or officer of the Consultant, or any of its supervisory personnel assigned to the project,the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City,if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the Consultant,with the City's concurrence,desire to terminate this Agreement,payment shall be made as set forth in Subsection C of this section. H:1File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1100 Design and Planning\MayCreekSite2\EntrancoContractWork2005\EntrancoContract2005.doc\c 6 Piazza/Data_Center/Forms/City/Contracts /2000_Consultant.doc bh C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant,a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement,plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition,the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (l 0)days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above,then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or of a type which is usable to the City at the time of termination,the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work,the original copies of all Engineering plans,reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant, or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Director of Planning/Building/Public Works or his/her successors and delegees,whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement,both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. 'qO.►' H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)127-3037 May Creek Slope Stabilization Program11100 Design and Planning\MayCreekSite2\EntrancoContractWork2005lEntrancoContract2005.doc\c 7 Piazza/Data_Center/Forms/City/Contracts /2000_Consultant.doc bh The Consultant agrees to indemnify,defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based *la"' upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and (b)the City, its agents, officers and employees,this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of$1.0 million,with a General Aggregate in the amount of$2.0 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "Additional Insured"on all contracts/projects. The Consultant's insurance policy shall be endorsed to add the City of Renton as an Additional Insured.A copy of the endorsement shall be provided to the City.The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s)on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will be required. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days'written notice shall be given to the City prior to the cancellation of any policy. 441111" The Consultant shall verify,when submitting first payment invoice and annually thereafter, of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request,that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of,a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1100 Design and Planning\MayCreekSite2\EntrancoContractWork2005\EntrancoContract2005.doc\c 8 Piazza/Data_Center/Forms/City/Contracts /2000 Consultant.doc bh XIV SUBLETTING OR ASSIGNING OF CONTRACTS . The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants,stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent,or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement,representation, promise,or agreement not set forth herein. No changes, amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE itoirr This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. ENTRANCO, zi CITY OF RENTON �d► Signature Date Kathy Keolker-Wheeler,Mayor Date Dennis J. Cearns type or print name ATTEST: CEO/President Title Bonnie I. Walton, City Clerk H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1100 Design and Planning\MayCreekSite2\EntrancoContractWork2005\EntrancoContract2005.doc\c 9 Piazza/Data_Center/Forms/City/Contracts /2000 Consultant.doc bh RESOLUTION NO. 3229 CITY OF RENTON Nialw SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job-related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all -44tare employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON,Washington,this 7thday of October, 1996. CITY OF RENTON: RENTON CITY COUNCIL: • lv(ayor Council President Attest: AAA.Fr I City Clef! W Now H:\Frle Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1100 Design and Planning\MayCreekSite2\EntrancoContractWork2005\EntrancoContract2005.doc\c 10 Piazza/Data_Center/Fomis/City/Contracts /2000_Consultant_doc bh Y C.Cy AFFIDAVIT OF COMPLIANCE Entranco, Inc. hereby confirms and declares that (Name of contractor/subcontractor/consultant/supplier) I. It is Entranco,Inc. policy to offer equal (Name of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex,national origin, age,disability or veteran status. II. Entranco,Inc. complies with all applicable federal, (Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. III. When applicable, Entranco,Inc. will seek out and (Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of Now subcontracts. Dennis J.Cearns, CEO/President Print Agent/Representative's Name and Title Agent/Repr entative's Signature Instructions: This document MUST be completed by each contractor, subcontractor,consultant and/or supplier. Include or attach this document(s)with the contract. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3037 May Creek Slope Stabilization Program\1100 Design and Planning\MayCreekSite2\EntrancoContractWork2005\EntrancoContract2005.doc\c I I Piazza/Data_Center/Forms/City/Contracts /2000_Consultant.doc bh EXHIBIT A Now. SCOPE OF WORK Edmonds Avenue Stormwater Outfall Replacement Project Renton, Washington I. INTRODUCTION This project is to reconstruct a portion of the existing stormwater outfall that runs from the corner of NE 27th Street and Edmonds Avenue NE down to May Creek and repair a washout area at the toe of the slope. Currently the outfall pipe is broken near the toe of the slope. A 20-foot diameter hole has been eroded and new outfall channel created to May Creek. A geotechnical report was prepared by Zipper Zeman Associates in September 2004 which includes some design recommendations. Design of the reconstructed outfall will include review of existing data, survey, an alternatives analysis and final design recommendation, hydraulic analysis, preparation of engineering plans and special provisions, engineer's estimate, and construction assistance. It is assumed that up to $1,500 of consultation will occur with Zipper Zeman during the analysis of alternatives and final design. II. DESIGN CRITERIA The City will designate the basic premises and criteria for the design. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments as of the date of signing of this Agreement, of the following documents. Changes in any design standards or scope after work has begun may result in Extra Work. Measurements will be in English units Drafting Standard: City of Renton Vertical Datum: NAVD 88 Horizontal Datum: NAD 83/91 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), Standard Specification for Road, Bridge, and Municipal Construction (M41-10), 2004 edition (including the Division 1 APWA Supplement), as amended. 2. City of Renton Transportation Standard Specifications. 3. King County Surface Water Design Manual (1998). 'goo, 2/4/05 III. DETAILED SCOPE OF SERVICES A. Review Background Data Review existing background data provided by the City, including mapping, previous survey data, aerial photographs, as-built plans, and reports. B. Survey Calculate and stake west property line Perform a boundary survey of the west line of the right of way in which the existing stormwater pipe is constructed from NE 27th Street to the current pipe outfall. The boundary will be in a "worksheet" format for office use. Topographic Mapping Prepare a 1"= 20', two-foot contour interval, topographic map of the following areas: a) Current outfall location including the discharge channel and plunge pool. b) Locate the existing storm drainage line and general topographic features within a 400' X 100' strip parallel with the west line of right of way. Locate trees larger than 6-inch diameter at breast height. c) Topographic survey of the intersection of NE 27th Street and Edmonds Avenue. This survey will include existing storm, sewer, water utilities and edge of pavement 100' from the intersection. Storm and Sewer information gathered in the field will be compared to existing as-built drawings from the City of Renton. d)Top of slope west of the right of way will be located. C. Finalize Alternative Conduct analysis of four alternatives and make a recommendation for the preferred alternative. The four alternatives are: 2/4/05 1. Slip-lining the existing CMP pipe. ,,,, 2. Construct an above-ground pipe along the same alignment. Either replacing the entire length of pipe or cutting in at the pipe slope change and replacing the lower portion. 3. Construct a new pipe along a new alignment which avoids going across the slope. This alignment would probably run down the fall-line to the toe of the steep slope then cross and outfall at the existing scour hole. 4. Alternatives for repairing scour hole area. The analysis will compare the costs and benefits of each alternative, and the potential permit requirements. This scope and budget assumes that the preferred alternative will be the above-ground option in Alternative 2 (above). Prepare a brief memorandum summarizing the analysis, comparing the alternatives, and recommending a preferred alternative. D. Hydraulic Analysis lairow 1. Determine the hydraulic capacity of the existing CMP, including the inlet capacity. 2. Determine the hydraulic capacity of the up-gradient pipe. 3. Determine the capacity of an HDPE replacement pipe including inlet capacity. 4. Determine outlet velocities and requirements for energy dissipation. E. Plans, Specifications, and Estimate (PS&E) Design reconstruction of the stormwater outfall at the corner of NE 27th Street and Edmonds Avenue NE using HDPE pipe tightlined to the eroded hole at the bottom of the slope where the current CMP outfalls. Provide details for installation, anchoring, slip joints, and outfall construction. Design will incorporate recommendations provided by Zipper Zeman's geotechnical report. Procedures will comply with requirements in the 1998 King County Surface Water Design Manual as adopted by the City of Renton. 2/4/05 Plans (34"x22") and provisions will be incorporate such detail as to permit convenient layout in the field for construction and other purposes. The plans will be prepared in City's format to the level of competency presently maintained by practicing professionals in the field of civil engineering in the Puget Sound Region. The scales to be used, the lettering, and general delineation of the plans will be such as will provide legible reproduction when the plans are reduced to one-fourth of their original size (50 percent reduction). E.1. 30% plans Submit 30 percent plans and Engineer's Estimate to City for review. Meet once with City to go over 30 percent comments and issues. The 30% plans may contain some hand-drafted details for review. The 30% plans include a preliminary review of the design by Zipper Zeman Associates. E.2. 90% Plans The 90% plan set will include a cover sheet, up to two site plan and profile sheets which include erosion control features (scale 1":20'), and up to two detail sheets (up to five sheets total). They will incorporate comments on the 30% plans E.3. 90% Special Provisions Prepare 90% Special Provisions for items of work not covered by the City's Transportation Standard Specifications, or the 2004 APWANVSDOT Standard Specifications. E.4. Engineer's Estimate Prepare 90% estimate of construction costs based on quantities of materials. The cost estimate provided by Consultant will be on a basis of experience and judgment, but since it has no control over market conditions of bidding procedures, Consultant cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. Submit 90 percent plans, Engineer's Estimate, and Special Provisions. Meet once with City to go over 90 percent comments. E.S. Final PS&E Prepare final plans, special provisions, and construction estimate which addresses 90% comments. 2/4/05 F. Construction Assistance 1. Provide up to 8 hours of construction assistance to the City in Now responding to contractor questions and design revisions that may occur during construction. 2. Schedule up to 1 site visit to observe the construction work in progress, including the placement of materials. G. Project Management/Administration / QA-QC a. Conduct project kickoff meeting with Consultant team. b. Administer the project and coordinate with the City to facilitate efficient progress and timely completion. c. Inform City of project status on an on-going basis via phone call or e-mail. d. Prepare and submit brief monthly status reports outlining the work completed during the previous month,project status, and any issues to be resolved. e. Conduct internal quality assurance checks on all work prior to submittal to the City. IV. DOCUMENTS TO BE FURNISHED BY CONSULTANT The following documents, exhibits or other presentations for the work ,,, covered by this Agreement ("Documents") shall be furnished by Consultant to City upon completion of the various phases of the work. Whether the Documents are submitted in electronic media or in tangible format, any use of the Document on another project or on extensions of this project beyond the use for which they were intended, or any modification of the Documents, or conversion of the Documents to an alternate system or format shall be without liability or legal exposure to Consultant; City shall assume all risks associated with such use, modifications, or conversions. Consultant may remove from the electronic Documents delivered to City all references to Consultant's involvement and will retain a tangible copy of the Document delivered to City which shall govern the interpretation of the Document s and the information recorded. Electronic files are considered working files only— Consultant is not required to maintain electronic files beyond 90 days after project final billing, and makes no warranty as to the viability of electronic files beyond 90 days from date of transmittal. 1. 30% plans and preliminary engineers estimate, 2 copies 2. 90% plans, updated engineer's estimate and draft special provisions, 2 copies. 3. Final plans, special provisions, and engineer's estimate, 1 camera-ready copy. New 2/4/05 V. ITEMS AND SERVICES TO BE FURNISHED BY CITY —'" City will provide the following items and services to Consultant that will facilitate the preparation of the plans and studies within the limits of the project. Consultant is entitled to rely on the accuracy and completeness of the data furnished by others, including but not limited to, survey and traffic data. 1. Timely reviews of all work at mutually agreed upon times and consolidation of all review comments onto one review set prior to return to the Consultant. 2. Rights-of-entry upon all lands necessary for the performance of the work. 3. Title reports for affected properties and easements. 4. Right-of-way negotiation and acquisition (if required) 5. Payment costs associated with advertisement for bids. 6. An example set of plans and special provisions in the City's preferred format. 7. An electronic copy of the City's title, border, and cover sheet. 8. An electronic copy of the City's boilerplate for special provisions. 9. Contract documents and bid package. 10.Any SEPA documentation, if required. 11.Current relevant title reports along the project alignment. Nag, VI. EXTRA WORK All work not described under Section III above, will be considered extra work. The following tasks are possible Extra Work items, which may be performed under a supplement to this Agreement: 1. Preparing a Biological Assessment 2. Hydrologic Analysis 3. Preparing permit applications, and coordinating with permitting agencies. 4. Research and accumulation of easement and utility records for any adjoining properties 5. Calculation of any re-aligned easement location and area 6. Traffic control plan 7. Work beyond 12 months from the notice to proceed due to schedule delays 8. Preparation of a Technical Information Report 9. Preparing Portions of the contract documents in addition to the special provisions. 10.Preparation of a SEPA checklist. 11.Preparation of easements. 12.Record of Survey and/or monumentation. 13.Geotechnical consultation in excess of$1500. 2/4/05 --( ( ( . Exhibit B Time Schedule of Completion Edmonds Avenue Stormwater Outfall ID Task Name Duration Start uary I March TA ril May I Ju 0 02/06]02/13 102/20 102/27 103/06 1 03/13 103/20 103/27 104/03 104/10 104/17 104/24 05/01 105/08 105/15 105/22 105/29 1 Review Background Da 5 days Mon 02/14/05 2 Survey 5 days Mon 02/21/05 ::;"7.1 3 Finalize Alternative 10 days Mon 02/28/05 : ' ;%: 4 Hydraulic Analysis 5 days Mon 03/14/05 5 30%Plans 15 days Mon 03/21/05 7 ''''7*,' 6 30%Plan Review 5 days Mon 04/11/05 `a"a' 7 90%Plans 20 days Mon 04/18/05 L --4--- , ' 'i ,-- 8 90%Specs 10 days Mon 04/11/05 ;zr „;,i 9 90%Estimate 5 days Mon 04/11/05 ;;;:..>:i 10 90%Submittal Review 5 days Mon 04/18/05 b 'l: 11 Final PS&E 10 days Mon 05/16/05 72' 0 Task Milestone External Tasks . } Project:Edmonds Ave Stormwater Ou Split SummaryExternal Milestone Date:Fri 02/04/05 , " i ' i i , , , , , , , , �� Progress Project Summary Deadline I Fri 02/04/05 8:16 AM Project e: Edmonds Avenue Stormwater Outfall Replacement Project Ar t. ..,bit C Prepared by: BWJ ( . Phase Name: Cost Estimate Date: 02/03/2005 Project Number: TBD Phase Number: 20-06 Reviewed by: KRL Date 02/03/2005 TOTALS DJC BWJ ECD KJC KAP RDH KRL WORK HOURS/ Principal Proj Mgr/Eng/Sci Proj Eng/Sci/Arch Staff Eng/Sci Tech Mgr(Edit) Sr.CADD Tech Proj Asst. CODE TASK DOLLARS $88.37 $44 18 $38.81 $30.10 $30.28 $24.39 $28.27 A Review Background Data 18.0 8` 8 2 $724.12 $0.00 $353.44 $310.48 $60.20 $0.00 $0.00 $0.00 $0.00 $0.00 B Survey 2.0 2 $88.36 $0.00 $88.36 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 C Finalize Alternative 30.0 8 ' 16 6 $1,155.00 $0.00 $353.44 $620.96 $180.60 $0.00 $0.00 $0.00 $0.00 $0.00 D Hydraulic Analysis 12.0 4 8 $487.20 $0.00 $176.72 $310.48 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 El 30%Plans 104.0 24 40 40 $3,588.32 $0.00 $1,060.32 $1,552.40 $0.00 $0.00 $975.60 $0.00 $0.00 $0.00 E2 90%Plans 100.0 20 40 40 $3,411.60 $0.00 $883.60 $1,552.40 $0.00 $0.00 $975.60 $0.00 $0.00 $0.00 E3 90%Special Provisions 52.0 8 32 12 $1,958.72 $0.00 $353.44 $1,241.92 $0.00 $363.36 $0.00 $0.00 $0.00 $0.00 E4 90%Estimate 28.0 4 24 $1,108.16 $0.00 $176.72 $931.44 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 E5 Final PS&E 60.0 12 24 8 16 $2,094.08 $0.00 $530.16 $931.44 $0.00 $242.24 $390.24 $0.00 $0.00 $0.00 F Construction Assistance 8,0 4 4 $331.96 $0.00 $176.72 $155.24 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 G Project Management,Administration,&Coordination 58.0 2' 28 28 $2,165.34 $136.74 $1,237.04 $0.00 $0.00 $0.00 $0.00 $791.56 $0.00 $0.00 TOTALS 472.0 2 122 196 8 20 96 28 0 0 $17,112.86 $136.74 $5,389.96 $7,606.76 $240.80 $605.60 $2,341.44 $791.56 $0.00 $0.00 OUTSIDE REIMBURSABLES SUBCONSULTANTS Direct Salary $ 17,112.86 Per Diem $0.00 1) ESM Consulting Engineers,LLC $5,650.00 Overhead a 173.12% $ 29,625.78 Lodging $0.00 2)Zipper Zeman Associates,Inc. $1,500.00 Subtotal $ 46,738.64 Mileage/pers.Vehicle($0.405/mile) $50.00 Travel $0.00 Markup= 10% $715.00 Fee C 15% $ 7,010.80 Meals $0.00 Total: $7,865.00 Outside Reimbursables $ 110.00 Supplies $25.00 Subconsultants $ 7,865.00 Reproduction $0.00 TOTAL• $ 61,724.44 Telephone $0.00 Postage/Delivery $25.00 Other $0.00 Markup for Reimb.= 10% $10.00 Total= $110.00 Salary rates.suiect to update Anril 1 2nn5 CITY OF RENTON COUNCIL AGENDA BILL AI#: . Submitting Data: For Agenda of: Dept/Div/Board.. PBPW/Wastewater Utility March 7, 2005 Staff Contact John Hobson(ext. 7279) Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Temporary Closure of Portions of Sunset Blvd N, Ordinance Sunset Blvd NE,NE Sunset Blvd and the Houser Way Resolution X Tunnel. Old Business Exhibits: New Business Issue Paper Study Sessions Vicinity Maps Information Draft Resolution Recommended Action: Approvals: Refer to Transportation Committee Legal Dept Finance Dept Other Fiscal Impact: Li Expenditure Required... N/A Transfer/Amendment Amount Budgeted N/A Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Sunset Sewer Interceptor Phase II project consists of the installation of a new 18"diameter sanitary sewer to provide capacity for the drainage basin at full build-out. In addition,this line will also replace the existing 8" and 12" sewer that was constructed in 1942. Since construction equipment will require a minimum of 2 travel lanes to install the new sewer,temporary lane closures and temporary full road closures will be required. STAFF RECOMMENDATION: Concur with the temporary lane closures of Sunset Blvd N and NE Sunset Blvd and the temporary full closure of the Houser Way tunnel and Sunset Blvd NE and adopt the resolution authorizing the temporary closures. 411111101, H:\File Sys\WWP-WasteWater\WWP-27-3150 Sunset Interceptor Ph II\Agnbill-Sunset Closure.doclIDHtp CITY OF RENTON Now PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: February 23, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: -31;4) Mayor Kathy Keolker-Wheeler -cot'? FROM: Gregg Zimmerman, Administrator1.1 STAFF CONTACT: John Hobson, Wastewater Engineer (ext. 7279) SUBJECT: Temporary Lane and Road Closures on Sunset Blvd N, Sunset Blvd NE, NE Sunset Blvd and the Houser Way Tunnel ISSUE: ``e The Wastewater Utility Section, as part of its 2005 approved Capital Improvement Program, is installing a new sanitary sewer main within Sunset Blvd N, Sunset Blvd NE and NE Sunset Blvd. To allow construction of the project, portions of these roads, and the Houser Way tunnel, will require temporary lane closures and some areas will require temporary total closure of the roadway. RECOMMENDATION: Concur with the temporary lane closures of Sunset Blvd N and NE Sunset Blvd and the temporary full closure of the Houser Way tunnel and Sunset Blvd NE and adopt the resolution authorizing the temporary closures. BACKGROUND SUMMARY: The Sunset Sewer Interceptor Phase II project consists of the installation of a new 18" diameter sanitary sewer to provide capacity for the drainage basin at full build-out. In addition, this line will also replace the existing 8" and 12" sewer that was constructed in 1942. Since construction equipment will require a minimum of 2 travel lanes to install the new sewer,temporary lane closures and temporary full road closures will be required. The anticipated temporary closures are as follows: Sunset Blvd N: All northbound lanes temporarily closed from approximately 400-feet north of N 3rd St. to the I-405 under-crossing. Two-way traffic would be Sunset Sewer Interceptor II/Road Closures February 23,2005 Page 2 of 2 maintained by diverting northbound traffic into one of the southbound err lanes. The Houser Way tunnel will also need to be temporarily closed to allow the northbound traffic to be diverted into the southbound lane. Access will be maintained to all businesses adjacent to the project area. These temporary lane closures will remain in place around the clock until construction is completed in this area. The estimate duration of the temporary lane closures is 5 weeks. (See Attached Detail Maps 1 and 2) Sunset Blvd NE: Temporary full road closure will be required between the I-405 under- crossing and NE Sunset Blvd. The temporary closure will take place at the work zone and shift as the construction zone moves along Sunset Blvd NE. Traffic will be detoured to Edmonds Ave NE, around the construction area and back to Sunset Blvd NE. Detour routes will be adjusted, as the construction zone moves,to minimize traffic disruptions. Closure will only take place during working hours (7:00 AM to 5:00 PM). The estimated duration of the temporary closures is 4 to 6 months. (See Detail Map 3) NE Sunset Blvd: All eastbound lanes from Edmonds Ave NE to Harrington Ave NE will be temporarily closed during construction. Eastbound traffic will be diverted into one of the westbound lanes during working hours. After working hours (7:00 AM to 5:00 PM), eastbound traffic will be shifted back to the eastbound lanes. The estimated duration of the temporary closures is 5 weeks. (See Detail Map 4) These temporary lane and temporary road closures will take place from March 2005 through November 2005. Exact dates for the closures will depend on work progress and are not possible to predict at this time. Per City Code, the public will have advanced notification of the closure dates prior to construction beginning and updates as the construction progresses. Signs will be erected as well as notifications in the Renton Reporter and the King County Journal to notify the public of the projected closures. Detailed maps of the closures and detour routes will be presented to the Transportation Committee at its meeting on March 17, 2005. Attachments cc: Lys Hornsby,Utility Systems Director Dave Christensen,Wastewater and Technical Services Supervisor H:\File Sys\WWP-WasteWater\WWP-27-3150 Sunset Interceptor Ph II\Road Closure-Issue Paper.docUDHtp r , \ ,''''':'''' -/11--- ---i , - ___ LI-:-:-7,1-S\ , -- ,- 0, _----- ,-- 'IIIII1', :iii' \ -______ , - ,[,!,,1[111 , ,111 1--1 -- , 14 ''''1''1.,1 ''1''''I'''' ' i 0 So • . 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Igr-- , I� r N !tillWm jO ti :2 :.%,„4 0 I 1 Ell: i 1 W \ ..11111041 PACCAR TRUCK PLANT 1 N a t IIIVOr el -;4 I 1 ‘imi r\4 IfIllisit_ ______ ___ { P? GRP IF it -- —— N 4TH S (Will. � -- — N 3RDJMS i — 1 / NE gR0 ST a � _ __, s�, ,, r f A SUNSET SEWER INTERCEPTOR PHASE II VICINITY MAP 0 Olt CITY OF RENTON, WASHINGTON k49pr Nay RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE TEMPORARY CLOSURE OF THE NORTHBOUND LANES OF SUNSET BLVD N. (N 3RD ST TO I-405), TEMPORARY CLOSURE OF THE HOUSER WAY TUNNEL, TEMPORARY TOTAL CLOSURE OF PORTIONS OF SUNSET BLVD NE AND TEMPORARY CLOSURE OF THE EASTBOUND LANES OF NE SUNSET BLVD (SUNSET BLVD NE TO HARRINGTON AVE NE) WHEREAS, the City of Renton plans to install a new 18" sanitary sewer main in Sunset Blvd N, Sunset Blvd NE, and NE Sunset Blvd during the Sunset Sewer Interceptor Phase II project; and WHEREAS, this construction activity will require temporary street and lane closures along the sewer main's route in Sunset Blvd N, Sunset Blvd NE, NE Sunset Blvd, and the Houser Way Tunnel; and *ow WHEREAS, pursuant to City Code section 9-9-3 the City Council is to authorize such closures by means of a Resolution; NOW, THEREFORE, THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The City Council does hereby authorize the temporary closures of Sunset Blvd N, Sunset Blvd NE, NE Sunset Blvd, and the Houser Way Tunnel to occur during the period March 1, 2005 to November 15, 2005, to allow the contractor to install the new sewer main and restore the roadway pavement. PASSED BY THE CITY COUNCIL this day of , 2005. err RESOLUTION NO. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: H:\File Sys\WWP-WasteWater\WWP-27-3150 Sunset 12erceptor Ph II\Resolution.doc Ar'777 .' BY I GET/CV.MICH. Date 3-7 'W°5- FINANCE o0SFINANCE COMMITTEE COMMITTEE REPORT March 7, 2005 Hiring Probation Officer at Step D (Referred February 28, 2005) The Finance Committee recommends concurrence in the staff recommendation to approve the hiring of the new Probation Officer at the D step. The start date will be March 1, 2005. Don Persson, Chair d'�' - `27' Toni elson, Vice Chair /(ittr- Denis W. Law, Member cc: Joe McGuire,Court Services Director Mike Webby,HR/RM Administrator Linda Parks,Finance Analyst Supervisor Michael Wilson, Interim F&IS Administrator ?r' 77.M ED BY 1 C717 COUNCH. PLANNING AND DEVELOPMENT COMMITTEE Dat, 3-74005' COMMITTEEE REPORT March 7, 2005 Critical Areas Ordinance (Referred October 18, 2004) The Planning and Development Committee recommends a public hearing be set on March 21, 2005,to consider the Critical Areas ordinance. Dan Clawson, Chair Al-Qtai;• W ) /W41— Denis W. Law,Vice-Chair fatekt€ iodha— Marcie Palmer, Member cc Alex Pietsch Rebecca Lind r 1 _ a P_�n{3 3-7-aoo5- Date PUBLIC SAFETY COMMITTEE COMMITTEE REPORT March 7, 2005 JUNK VEHICLES OR ABANDONMENT OF VEHICLES (Referred February 28, 2005) The Public Safety Committee recommends concurrence in the staff recommendation to approve amendments to Chapter 1, Abandoned Vehicles, of Title VI (Police Regulations) of the Renton City Code. The proposed amendments are part of the review of City ordinances to assist in the nuisance abatement efforts of the City. The proposed ordinance adds definitions, makes clarifications to avoid problems with state law, and criminalizes violation of the junk vehicle portion of the ordinance. The criminalization of the junk vehicle portion of the ordinance is necessary to allow staff to obtain search warrants to go upon properties to establish all of the details necessary to prove that a vehicle is a junk vehicle. The Public Safety Committee further recommends that the ordinance regarding this matter be presented for first reading. 6t64410 Denis W. Law, Chair <„..) andy Corm. , Vice Chair Toni Nelson, Mem.- cc: Larry Warren,City Attorney Garry Anderson,Police Chief Joe McGuire,Municipal Court Dir. Neil Watts,Dev.Svcs Dir. adertei aoos CITY OF RENTON, WASHINGTON RESOLUTION NO. 370 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A HEARING DATE TO VACATE A PORTION OF N. 14Th STREET EAST OF LAKE WASHINGTON BLVD. N. AND GENE COULON BEACH PARK (POOL BROTHERS CONSTRUCTION, L.L.C., PETITIONERS; VAC-05-001). WHEREAS, a Petition has been filed with the City Clerk of the City of Renton on January 24, 2005, pursuant to the requirements of RCW 35.79, petitioning for the vacation of a portion of N. 14th Street, also known as the southerly half of Morgan Avenue or S.E. 110th Street, east of Lake Washington Blvd. N. and Gene Coulon Beach Park, as hereinafter more particularly described, and the petition having been signed by the owners of more than two-thirds(2/3) of the property abutting upon the street portion sought to be vacated, and described as follows: See Exhibit"A" attached hereto and made a part hereof as if fully set forth herein (A portion of N. 14th Street, also known as the southerly half of Morgan Avenue or S.E. 110t Street, east of Lake Washington Blvd. N. and Gene Coulon Beach Park). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L That April 4th, 2005, at the hour of 7:30 P.M. at the City Council Chambers at City Hall, Renton, King County, Washington, is hereby fixed as the time and place for a public hearing to consider the Petition for vacating a portion of N. 14th Street, also known as the southerly half of Morgan Avenue or S.E. 110th Street, east of Lake Washington Blvd. N. and Gene Coulon Beach Park, which hearing date is not more than sixty nor less than twenty days from the date of passage of this Resolution. 1 RESOLUTION NO. SECTION IL The City Clerk is hereby authorized and directed to give notice of the time and date of this hearing as provided in RCW 35.79.020 and any and/or all persons interested therein or objecting to this vacation may then appear and be heard, or they may file their written objections with the City Clerk at or prior to the time of hearing on this vacation. SECTION ILL The City Council shall determine, as provided in RCW 35.79.030, as to whether an appraisal shall be secured to determine the fair market value of the property sought to be vacated as provided for in Ordinance No. 4266, and the amount of compensation to be paid by the Petitioner-Owners to the City for this vacation. The City likewise reserves the right to retain an easement for public utility and related purposes. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1097:3/2/05 2 Exhibit A Legal Description—Street Vacation (Portion of North 14th Street): The southerly 30 feet of the right-of-way 60 feet in width as delineated in C.D. Hillman's Lake Washington Garden of Eden Division 5, according to the plat thereof recorded in Volume 11 of Plats, Page 83,Records of King County, Washington, as Morgan Avenue and lying westerly of State Highway 405 and easterly of lake Washington Boulevard North. Situate in the Southwest Quarter of Section 5, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. Vicinity Map Street Vacation VAC-05-001 Petitioner: Pool Brothers Construction, LLC E r I-405 W7•,,,, di °I ile `aI 0 G a. Gene Coulon I. Beach Park N. 14th St. Vacation Request milt /Ma S. _ Vicinity Map J • `� .u. — Lake.. ... .._ `` _ 1 A 1 -Washington E. ::■:_ 0 200 400 = -• fiii>:;::; ..... Gene / 1 :2400 = '�cou�on `If" �' 111"7 _ •. Technical Services '4 .n= Planning/Building/Public Works ��--// IL McFarland R -'i 1 rr'y 0 Feb. 25, 2005 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 6-1, ABANDONED VEHICLES, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY OUTLAWING JUNK VEHICLES ON PRIVATE REAL PROPERTY, REVISING ABATEMENT PROCEDURES, ADDING DEFINITIONS, DECLARING CERTAIN VIOLATIONS A MISDEMEANOR, ESTABLISHING A PROCEDURE FOR HANDLING THE ABANDONMENT OF VEHICLES OR JUNK VEHICLES FROM PUBLIC PROPERTY, AND PROVIDING A STATEMENT OF LEGISLATIVE PURPOSE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 6-1, Abandoned Vehicles, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended to read as follows: CHAPTER 1 JUNK VEHICLES OR ABANDONMENT OF VEHICLES SECTION: 6-1-1: Purpose 6-1-2: Definitions 6-1-3: Junk Vehicle Or Vehicle Hulks On Private Property Regulated 6-1-4: Abandonment of Vehicle Or Vehicle Hulks On Streets, Highways Or City Property Regulated 6-1-5: Severability 6-1-1: PURPOSE: 1 ORDINANCE NO. The purpose of this chapter is to preserve the health, safety, welfare, and character of the City's neighborhoods and to reduce blight by eliminating as nuisances,junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240 and RMC 1-3-3.G, as now worded or hereafter amended. It is a further purpose of this chapter to provide a procedure for handling the abandonment of vehicles or vehicle hulks from public property. 6-1-2 DEFINITIONS: DISMANTLED: A vehicle that is in parts or pieces such that it is apparently inoperable or unable to be lawfully operated upon public roads or highways. INOPERABLE: A vehicle that is apparently not functioning or is inoperative or cannot be lawfully operated upon public roads or highways. JUNK VEHICLE: A vehicle that meets at least three of the following requirements: (1) a vehicle that is three years old or older; (2) a vehicle that is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires, motor, or transmission; (3) a vehicle that is apparently inoperable; (4) a vehicle that has an approximate fair market value equal only to the approximate value of the scrap in the vehicle's current condition, or (5) evidence of inoperability or damage that includes, but is not limited to any buildup of debris that obstructs use, or a flat or missing tire or tires, or a nonfunctional motor or transmission, or missing bumpers, or missing license plates, or expired vehicle license plate tabs. LANDOWNER: A legal owner or owners of private real property, or a person in possession or control of private real property. 2 ORDINANCE NO. MAINTAIN or MAINTENANCE: To hold or keep in an existing state or condition, or keep in existence or continuance. RETAIN or RETENTION: To continue to hold, have, keep, own, possess, or to exercise dominion or exercise control over. STORE or STORAGE: To place, accumulate, or leave in a location. VEHICLE: RCW 46.04.670 is hereby adopted by reference, as now worded or hereafter amended, as if fully set forth herein, and shall apply to the interpretation and enforcement of this Chapter. VEHICLE HULK: Any part or portion of the body or chassis of a vehicle that is apparently inoperable or unable to be lawfully operated upon public roads or highways. WRECKED: A vehicle or vehicle hulk, or any part thereof that is disabled, destroyed, apparently inoperable, or extensively damaged. r 6-1-3: JUNK VEHICLE OR VEHICLE HULKS ON PRIVATE PROPERTY REGULATED: A. It shall be unlawful to store, maintain, keep or retain: a junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any part thereof, on private real property in the City of Renton. B. The storage, maintenance or retention of junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any parts thereof, on private real property in the City is hereby declared to be a public nuisance in accordance with this Chapter and RMC 1-3-4, as now worded or hereafter amended, and may be abated in accordance with this Chapter and RMC 1-3-3.G, as now worded or hereafter amended. C. Abatement Costs: Costs of abatement and removal of junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or parts thereof, from private real property in 3 ORDINANCE NO. the City may be first assessed against the last registered owner of the vehicle, vehicle hulk, or any pails thereof, if the identity of such owner can be determined, unless such vehicle owner in the transfer of the ownership of such vehicle or vehicle hulk has complied with RCW 46.12.101, or second, the costs may be assessed against the landowner on which such vehicle, vehicle hulk, or any parts thereof is stored, provided that said vehicle, vehicle hulk, or any parts thereof, is stored, maintained, kept or retained with the landowner's permission or acquiescence and shall constitute a lien thereon. D. Notice: Before the abatement or removal of a junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any parts thereof, notice shall be given by the Police Chief or his or her designee to the last registered vehicle owner and legal vehicle owner of record, if the identity of such owner can be lawfully determined, and the landowner of real property upon which such vehicle or vehicle hulk or any parts thereof is located, that a public hearing may be requested before the Hearing Examiner of the City, by mailing a copy of the notice by certified mail, return receipt requested, to the last known address of the vehicle's last registered and legal owner and landowner of real property on which the vehicle, vehicle hulk or any pails is located, or by personal service upon said owners, and if no hearing is requested within twenty-one (21) days from the date of mailing or personal service, the vehicle, vehicle hulk or any parts thereof may be removed and abated in accordance with this Chapter and RMC 1-3-3.G. E. Request for Hearing: If a request for hearing is received by the Hearing Examiner, a notice giving the time, location and date of such hearing on the question of the abatement and removal of such vehicle, vehicle hulk, or any parts thereof, as a public nuisance shall be mailed by certified mail with a return receipt requested, to the landowner of the real property as shown 4 ORDINANCE NO. on the King County tax assessment roll and to the last registered owner and legal owner of err record of such vehicle, vehicle hulk, or any parts thereof, unless the vehicle is in such condition that identification numbers are not available to determine ownership. F. Testimony: The applicant for hearing may either appear in person at such hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial. If it is determined at the hearing that the vehicle, vehicle hulk, or any parts thereof was placed on the land without the consent of the landowner, and that the landowner has not subsequently acquiesced in its presence, then the Hearing Examiner shall not assess costs of administration or removal of the vehicle, vehicle hulk or any parts thereof against the landowner of the real property upon which the vehicle, vehicle hulk or any parts thereof is located or otherwise attempt to collect such costs from the landowner. 'stow G. Disposal: After notice has been given by the Police Chief of the City or his or her designee, of the intent of the City to abate the vehicle, vehicle hulk, or any parts thereof, and no request for a hearing is received, or a hearing is held and the Hearing Examiner orders the vehicle, vehicle hulk, or any parts thereof removed, the said vehicle, vehicle hulk or parts thereof shall be removed from private real property by the Police Chief or his or her designee and disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the State of Washington Department of Licenses. H. Exceptions: This Chapter shall not apply to: 1) a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private real property, or 2) a vehicle or part thereof which is stored or parked in a lawful manner on private real property zoned for and in connection with the business of a err 5 ORDINANCE NO. licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130, or 3) a vehicle or part thereof which is stored or parked in a lawful manner on private real property in an area zoned for and in connection with the business of a licensed auto body repair shop or facility. I. Removal by Landowner: Nothing in this Section shall be construed to prevent any landowner or the person in control of real property, except City property, from immediately removing a vehicle, vehicle hulk, or any parts thereof, which was left on such property without the landowner's permission, irrespective of any time limits specified elsewhere in this Chapter, by means of towing or otherwise, to a garage designated by the Police Department; provided, that the Police Department shall be notified one hour prior to the removal of such a vehicle, vehicle hulk, or any parts thereof. J. Penalties: Any person violating RMC 6-1-2.A shall be guilty of a misdemeanor. Penalties for any violations of any of the provisions of this Section shall be in accord with RMC 1-3-1. ,4001 6-1-4 ABANDONMENT OF VEHICLE OR VEHICLE HULKS ON STREETS, HIGHWAYS OR CITY PROPERTY REGULATED: A. Abandonment of Vehicle or Vehicle Hulks on Streets, Highways or City Property Prohibited: No person shall abandon any vehicle or vehicle hulk as hereinabove defined on any street, highway or City property. Any such vehicle or vehicle hulk is hereby declared to be a public nuisance which shall be removed in accordance with this Chapter. B. Presumption of Responsibility of Owner of Record for Abandonment: Any costs incurred in the removal of such vehicle or vehicle hulk may be assessed against the last registered owner of the vehicle or vehicle hulk if the identity of such owner can be determined, 6 ORDINANCE NO. unless such owner in the transfer of such vehicle or vehicle hulk has complied with section Niar` 46.12.101 RCW and shall constitute a lien thereon. C. Impoundment After Posted Notice: It shall be the duty of the Chief of Police to remove any abandoned vehicle or vehicle hulk, parked or left on any street, highway or City property as hereinabove defined after notice of removal, indicating his or her authority to impound, has been posted on the vehicle or vehicle hulk for a period of not less than twenty four (24) hours, and no claim has been made by the owner, or on his behalf, during the twenty four (24) hour posting period. Such vehicle or vehicle hulk shall be removed by any tow truck operator or as the City may otherwise determine, and in case of a tow truck operator, such abandoned vehicle or vehicle hulk shall be stored at the established place of business of such operator and he shall have a lien upon such vehicle or vehicle hulk for all services provided in the towing and storage of the same, and shall also have a claim against the last registered owner of such vehicle or vehicle hulk for services provided in the towing and storage of the same. See also Renton Municipal Code Section 10-5-2. D. Charge on Violation: The removal or impound of a vehicle from any street, highway or property shall not preclude charging the violator with any violation of the law on account of which such vehicle was impounded. E. Reporting Procedure: The tow truck operator, or if none, the Chief of Police, shall complete the required reporting and/or notifications as provided in section 46.90.345 RCW. F. Disposition and Sale: Disposition and sale of an abandoned vehicle or vehicle hulk shall be as provided in RCW 46.55.120(4), RCW 46.55.130 or RCW 46.90.375. 6-1-5 SEVERABILITY: err 7 ORDINANCE NO. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of this Chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION II. There is hereby declared an emergency and this ordinance shall take effect immediately upon adoption. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Nad Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1167:2/10/05:ma 4.10 8 . 1 stAkel i al- 02006- adefrta 3 701005- CITY aCITY OF RENTON, WASHINGTON ORDINANCE NO. 542 F AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF UNIMPROVED ROAD LOCATED ON 140TH AVENUE S.E. BETWEEN S.E. 132ND STREET AND S.E. 136TH STREET. (CONNER HOMES, VAC-04-001) WHEREAS, a proper petition for vacating a portion of unimproved road located on 140th Avenue S.E. between S.E. 132nd Street and S.E. 136th Street was filed with the City Clerk on or about April 15, 2004, and that petition was signed by the owners representing more than two-thirds (2/3) of the property abutting upon the street or alley to be vacated; and WHEREAS, the City Council, by Resolution No. 3691, passed on May 17, 2004, set June 14, 2004, at 7:30 p.m. in the City Council Chambers of the City of Renton as the time and place for a public hearing on this matter; and the City Clerk having given proper notice of this hearing as provided by law, and all persons having been heard who appeared to testify in favor or in opposition on this matter, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Administrator of the Planning/Building/Public Works Department has considered this petition for vacation, and has found it to be in the public interest and for the public benefit, and that no injury or damage to any person or properties will result from this vacation; NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 1 ORDINANCE NO. SECTION I. The following described portion of unimproved road located on 140th Avenue S.E. between S.E. 132nd Street and S.E. 136th Street, to wit: [The right-of-way 20 feet in width and approximately 308 feet in length, of 140th Avenue S.E., south of S.E. 132nd Street] See Exhibits "A" and "B" attached hereto and made a part hereof as if fully set forth herein is hereby vacated subject to a stormwater utility easement over, across, under and on all the following described area in favor of the City: The East 10.00 feet of the North Half of the Northeast Quarter of the Southeast Quarter of the Northwest Quarter of Section 15, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. This easement is for the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, together with the right of ingress and egress thereto. The City may also construct such additional facilities as it may require. This easement is subject to the following terms and conditions: That a utility easement will be retained by the City over the above-described area, with the understanding that the property may be developed fully if the existing utilities are relocated, with the City's approval, at the sole cost of the developer; and That this easement shall run with the land described herein, and shall be binding upon the parties, and their heirs and successors in interest and assigns. SECTION II. The City Council hereby elects to charge a compensation amount of$16,500 (Sixteen Thousand, Five Hundred Dollars) to the petitioner-owners. 2 ORDINANCE NO. SECTION III. This ordinance shall be effective upon its passage, approval, and five days after its publication. A certified copy of this ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1173:2/23/05:ma 3 EXHIBIT A CORE DESIGN, INC. BELLEVUE WA 98007 Core Project No: 02052 03/08/04 Legal Description —Street Vacation (Portion of 140th Ave. S.E.) The east 30.00 feet of the north half of the northeast quarter of the southeast quarter of the northwest quarter of Section 15,Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington; Except the north 20.00 feet thereof. ,: ..„.,, _ , • "Olt Or ,.gid `1I 10/20/ ' 02052L11.doc, 3/8/04,page 1 NE CORNER NORTH HALF NE1/4, SE1/4, NW1/4 SEC. 15-23-05 — — S.E. 132ND ST. b 0 — . CN1 o N 30.01 / i PORTION OF 140TH AVE SE TO BE VACATED 30 . 1 1 1 1 I IW La 1___ 2 a z \ SCALE 1" = 50' M o a o Z \ ao I 15 100"°°°°° v- \I16 \ \ S UNE NORTH HALF 10 I PUGET COLONY NECNW1/4 HOMES SEC.. 1 15-23--23-05 ( 1--- 0.01 , N8819'28"W PORTION OF VACATED I 1 7 / 140TH AVE. NE. PER KING CO. ORDINANCE I / NO. 13228 REC. NO. 20020208002079 1 / CARLO PROPERTY PAGE '•':��,,',"'.9'9�.',',..'�'`w.yy LARUELHURST/RENTON '' 1.a. "-'.-. .�� ROAD VACATION EXHIBIT 2 OF 2 AN.t'°i'`dr*o 0 .4,.i.4.. 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