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HomeMy WebLinkAboutSAD-09-001 Correspondence June 16, 2009 CERTIFICATE OF MAILING STATE OF WASHINGTON ) ) § COUNTY OF KING ! ) BONNIE I. WALTON, City Clerk for the City of Renton,being first duly sworn on oath, deposes and says that she is a citizen of the United States and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. That on the 16th day of June, 2009, at the hour of 5:00 p.m. your affiant duly mailed and placed in the United States Post Office at Renton, King County,Washington,by first class mail to all parties of record the Final Notice Of Potential Assessment for the Baxter Lift Station Replacement Special Assessment!District; SAD-09-001; SAD 0043. ,4 it Bonnie I. Walton, City Clerk SUBSCRIBED AND SWORN TO BEFORE me this 16th day of June, 2009. Nl x:▪0▪ � • \ Cynt . R. Moya BH4/..� PublicNotar for State of =� '', � .t. Washiriresidin Rento ..�+I`1,,�e�; My Commission expires: 8/27/2010 CITY OF RENTON FINAL NOTICE OF POTENTIAL ASSESSMENT for City of Renton Baxter Lift Station Replacement Special Assessment District No. 0043 Quendall Terminals PER UNIT ASSESSMENT P.O. Box 477 $166,421 Renton, WA 98055 (Lump Sum) King County Account No. 292405-9002 LEGAL DESCRIPTION: POR OF GL 5& SH LDS ADJ LY WLY OF NP R/W&SLY OF A LN BMP ON WLY MGN OF SD R/W 1049.63 FT NELY OF S LN SD GL TH SWLY TAP N 59-24-36 W 50 FT FRM PT ON WLY MGN OF R/W WCH IS 949.63 FT NELY OF S LN SD GL TH S 56-28-50 W 111.16 FT TH N 59-24-36 W TO INNER HARBOR LN ALSO POR SD GL LY WLY OF ST HWY#1 & ELY OF LK WASH BLVD LESS PSH#1 LESS POR FOR RD PER REC#2000619001179 The facilities, as shown on the' attached map, are eligible for cost recovery under City Special Assessment District Ordinance No. 5463. For those properties that could:receive benefit directly by the sewers, future use would trigger payment of a'fair share' cost of the sewer. This assessment is calculated, as a unit charge, by dividing the cost of the replacement lift station by the total number of GPM for the new station, and then multiply the per GPM amount to the estimated GPM for each parcel/user. The unit charge for the above referenced property is located in the upper right corner of this page. The purpose of the assessment district is to allow the City the ability to collect the costs of the construction of the sewer facilities from all those who benefit from its construction. To accomplish this,we are required to record anordinance which will serve as a notice of potential assessment. This ordinance will establish a boundary that includes any parcel that may benefit in the future. It is our goal to ensure, in fairness to all, that any property owner that connects at a later date pays their share just like those who will connect right away. The benefit area is defined as the ultimate service area that the facility may be able to serve. This boundary is shown on the attached map. This assessment district does not create a lien against real estate and is not a charge against your property until your property is connected to, or benefitting from, the Baxter Lift Station Replacement project. You will only be required to pay this assessment when the property gains benefit from these sewer facilities. Until that time, the property can be sold or change hands without triggering the assessment. Benefit from these sewer facilities can be described as follows: • A property not currently connected to a City sewer facility (i.e., currently utilizing an on-site system or a vacant parcel), that connects to the sewer system associated with this district will trigger the assessment.. Until then,the assessment will not be triggered. • For those properties that are already connected to City sewer, this assessment will only be triggered if the property increases its density either by change of use(i.e., single family to multi- family housing) or through increased density within the same use (i.e., further subdivision of land for single family housing). H:\File Sys\WWP-WasteWater\WWP-03-0000 Correspondence-Wastewater\DaveC\2009 Correspondence\Baxter final_notice.doc\DMCtp I You will not be required to pay the assessment unless one of the above situations occurs. However, the assessment district will accrue simple interest at a rate of 5.30% per annum for a period of ten years. The accrual of interest will begin thirty (30) days after the notice of potential assessment is recorded with King County Records. To avoid interest charges at a future date, you may pay the amount of assessment during the thirty-day period after recording, interest free. This option is totally at the discretion of the property owner. Some properties within the boundary of this special assessment district are currently within other city held special assessment districts.' Each property will only be responsible to pay the charges for the special assessment districts that they derive benefit from. Per City Ordinance No. 4444 you may request an appeal hearing by writing to the Renton City Council, c/o City Clerk, 1055 S J Grady Way, Renton, WA 98057, within twenty (20) days of this mailing(by July 8,2009, 5:00 P.M.). Grounds for protest: An appeal shall include a statement of claimed errors that concern the proposed assessment and must be accompanied by a$75.00 non-refundable fee. Errors which are not set forth in writing will not be considered. Pursuant to City Ordinance No. 4444, Sections 9-16-9.0 and D, the only items of appeal that will be considered are the cost of the facilities, the costs distribution methodology, and the issue of benefit to the properties to be assessed Appeal Fee and Appeal Process: A non-refundable appeal fee in the amount of$75.00 shall be submitted with each appeal. If a protest is received and deemed timely and establishes a proper ground for protest according to City Ordinance, a public hearing will be held. If no protests are received, the above-quoted notice of potential assessment will be recorded against your property. The charge(s) will not be collected until you subsequently tap onto or use the facilities covered by the Special Assessment District notice. We hope that this notice will answer most of your questions. If you do, however, have questions pertaining to the lift station modification, the background of the assessment district, or the appeal process,please contact Dave Christensen at 425-430-7212. 661(4.WV CdaLter`-' Bonnie I. Walton, City Clerk Notice of Final Assessment/Final Hearing H:1File Sys\WWP-WasteWater\WWP-03-0000 Correspondence-Wastewater\DaveC\2009 CorrespondencelBaxter_fi n al_notice.doc\DMCtp .-.. . -. .. N \:••••:.-7--,—--- •,. . , ,.,,,.,.,..,4;.• •••.... \\ \N ...- .... .,,, •-... • • .. ---.....„, *•••••.„„, \ . ' :,•'.';' --- ... •......„..., 1 . --..„...„, --....„... ---........„.., --,..„. 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III * 0 14P 0.(...41.3s v... L-1 k 0 } 114: Y•44 ....., .,_e; iiy-k-- i--4 < 1-1 / i r---- lb J IIIIIIIt40th St _ i . N i I 1 I I I I I . 1 '''-.'1..- '' _, EXHIBIT '',Err 1 BAXTER LIFT . DI STRICT District Boundary STATION REPLACEMENT - Special Assessment SPECIAL ASSESSMENT CITY OF RENTON, WASHINGTON ORDINANCE NO. 5 4 6 3 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES BENEFITTING FROM THE BAXTER LIFT STATION REPLACEMENT AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by the Baxter Lift Station Replacement project in the northwest quadrant of the City of Renton and within King County, which area is more particularly described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit "B". The recording of this document is to provide notification of potential connection 1 and interest charges. While this connection charge may be paid at any time, the City does not require payment until such time as the parcel is connected to and, thus, benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in this Special Assessment District, and which properties have not been charged or assessed with all costs of the Baxter Lift Station Replacement as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fee: 1 ORDINANCE NO. 5463 Per Unit Charge. Any new connection that flows to the Baxter Lift Station shall pay a Lump Sum charge of$166,421.00 total for the entire parcel. SECTION III. In addition to the aforestated charges, there shall be a charge of 5.30% per annum added to the Special Assessment District charge. The interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be,simple interest and not compound interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this 15thday of June , 2009. )646-k IAL 4 ZdL2C',Z&n) Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this15th day of June , 2009. Denis Law, Mayor Approve as to form: Lawrence J. Warren, City Attorney Date of Publication: 6/19/2009 (summary) ORD.1552:5/19/09:scr 2 ' ORDINANCE NO. 5463 ExxISIT A LEGAL DESCRIPTION That portion of Government Lot 5 in Section 29, Township 24 North, Range 5 East, W.M., and shoreland adjoining lying westerly of the Northern Pacific Railroad right-of- way and southerly of a line described as follows: Beginning at the quarter corner on the south line of said Section 29; Thence North 89°58'36"West along the South line of said Lot 5, 1,113.01 feet to the westerly line of said Northern Pacific Railroad right-of-way; Thence North 29°44'54" East 849.62 feet along said right-of-way line to a point hereinafter referred to as Point A; Thence continuing North 29°44'54" East 200.01 feet to the True Point of Beginning of the line herein described; Thence South 56'28'50" West 222.32 feet to a point which bears North 59°24'56" West 100.01 feet from said;Point A; Thence North 59°24'56"West to the inner harbor line and the end of said line description. LESS that portion of the above described area dedicated as right-of-way under King County Recording No. 20080619001179. Situate in the City of Renton, King County, Washington. i C:\Documents and Settings\JSeth\Local Settings\Temporary Internet Files\Content.Outlook\SPSDK6FZ\ExhA.doe ORDINANCE NO . 5463 S5 Scale 1" = 400' Lake Washington „ ,.; • o ,,,','7,::. :K 14,',6'1,'319 � +.E.Si„' :•_,:,7„0,,-",;;;I:' ZI tie a•,a,. Rt,:::.5,;.. :fit .. i''''''' .''t' ,.'., - r` ..` . �1 `'. y •, =''1"111"1"1 1111111r FA% 1,111,"„ 11111' MI ` �r Ems -c Um o v# ' . / * �=I sld. ." MEM WIER INV y Q ut CU ________Aets ' fr llo .41:11 Ell Ni I I40th I I St II i , EXHIBIT 'B" BAXTER LIFT STATION REPLACEMENT ,s= , special Assessment SPECIAL ASSESSMENT DISTRICT District Boundary June 15,2009 Renton City Council Minutes - Page 177 RESOLUTIONS AND The following ordinance was presented for second and final reading and ORDINANCES adoption: ORDINANCE#5463 An ordinance was read establishing a special assessment district for sanitary SAD: Baxter Lift Station sewer service for properties benefitting from the Baxter Lift Station Replacement /�(�,Q�\ Replacement and establishing the amount of the charge upon connection to the 5A° facilities. MOVED BY ZWICKER, SECONDED BY BRIERE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. NEW BUSINESS Council President Corman announced that he had attended the first meeting on I- WSDOT: I-405 Managed 405 Managed Lanes and will be attending three additional sessions. He Lanes remarked that he is curious to know what other Councilmembers think of having toll lanes on I-405. (See later this page for more information regarding this topic.) Transportation: I-405, I-5 to Councilmember Persson announced that an administrative hearing regarding a SR 169 Stage 2-Widening noise variance requested by the contractor involved with the I-405, I-5 to SR 169 and SR 515 Interchange Stage 2-Widening and SR 515 Interchange Projects will be conducted on Proj ects 6/25/2009. He noted that the hearing does not involve Council and emphasized that anyone interested in providing input should attend. He commented that the noise variance is for 383 days of working at night. AUDIENCE COMMENT Thomas Mitchell(Renton) expressed concern regarding the appearance of a Citizen Comment: Mitchell- four-plex located in the vicinity of S.Eagle Ridge Dr.,the safety of pedestrians Various who walk along Benson Rd. S., children skateboarding on City sidewalks along Benson Rd. S. and Talbot Rd. S., and the amount of time it takes the City to remove stalled cars from Benson Rd. S. MOVED BY TAYLOR, SECONDED BY PERSSON, COUNCIL REFER EXPLORING THE ISSUE OF SKATEBOARDING ON CITY SIDEWALKS TO THE ADMINISTRATION. CARRIED. Mayor Law recommended that Mr.Mitchell speak to Community and Economic Development Administrator Pietsch regarding the code enforcement issues with the four-plex. Citizen Comment: Peterson- Inez Peterson(Renton) questioned the feasibility of toll booths in this area, I-405 Managed Lanes, noting that there is not as much room to enter and exit toll booths as there is in WSDOT other cities. Council President Corman explained how technology can be used that eliminates the need for toll booths. EXECUTIVE SESSION MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL RECESS AND ADJOURNMENT INTO EXECUTIVE SESSION FOR APPROXIMATELY 20 MINUTES TO DISCUSS LABOR NEGOTIATIONS (RCW 42.30.140.4.a.)WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 7:54 p.m. Executive session was conducted. In addition to Councilmembers and Mayor, persons in attendance included Chief Administrative Officer Covington and Human Resources Administrator Carlson. There was no action taken. The executive session and the Council meeting adjourned at 8:22 p.m. .'.ZJ. ida-ete Bonnie I.Walton, CMC, City Clerk Jason Seth,Recorder June 15,2009 June 8,2009 Renton City Council Minutes Page 169 The following ordinance was presented for first reading and referred to the Council meeting of 6/15/2009 for second and final reading: SAD: Baxter Lift Station An ordinance was read establishing a special assessment district for sanitary • Replacement sewer service for properties benefitting from the Baxter Lift Station J 4 T) Replacement and establishing the amount of the charge upon connection to the facilities. MOVED BY ZWICKER, SECONDED BY PARKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/15/2009. CARRIED. The following ordinances were presented for second and fmal reading and adoption: ORDINANCE#5461 An ordinance was read amending Chapter 12,Traffic Code, of Title X(Traffic) Legal: Automated Traffic of City Code,to add a new subsection requiring the placement of signs where a Safety Camera Signage driver is entering a zone where traffic laws are enforced by an automated traffic safety camera. MOVED BY TAYLOR, SECONDED BY PALMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. ORDINANCE#5462 An ordinance was read establishing a special assessment district for the SAD: Highlands Water Main Highlands Water Main Improvements project and providing for the collection of Improvements special assessments upon certain properties receiving benefits from the improvements. MOVED BY ZWICKER, SECONDED BY PARKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL. ALL AYES. CARRIED. NEW BUSINESS Councilmember Briere invited the public to attend a street party being held on Community Event: Duvall Ave Duvall Ave.NE(on Thursday,June 25,2009 at 5:00 p.m.). She encouraged NE Closure Street Party citizens and business owners affected by the long street closure to attend and stated that there will be chalk art in the streets, music playing, and that the City will be providing hot dogs. CED: Public Art at Carco Councilmember Palmer commented that the plastic flowers located in the Theatre display case at Carco Theatre look tacky and should be removed. She requested that the Municipal Arts Commission find a replacement piece of art for the display case,noting that the Chihuly glass piece that previously occupied the case has been moved to another location. Mayor Law indicated that the issue will be reviewed. EXECUTIVE SESSION MOVED BY CORMAN, SECONDED BY ZWICKER, COUNCIL RECESS AND ADJOURNMENT INTO EXECUTIVE SESSION FOR APPROXIMATELY 15 MINUTES TO DISCUSS PROPERTY ACQUISITIONS (RCW 42.30.110.1.b.)WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. Time: 7:44 p.m. Executive session was conducted. In addition to Councilmembers and Mayor, persons in attendance included City Attorney Warren,Chief Administrative Officer Covington,and Community and Economic Development Administrator Pietsch. There was no action taken. The executive session and the Council meeting adjourned at 8:02 p.m. 4o- 4 CdaeteytJ Bonnie I. Walton, CMC, City Clerk Jason Seth,Recorder June 8, 2009 • June 8,2009 Renton City Council Minutes Page 168 CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council Meeting minutes of 6/1/2009. Council concur. 6/1/2009 Appointment: Planning Mayor Law reappointed Nancy Osborn to the Planning Commission for a three- Commission year term expiring 6/30/2012. Council concur. Appointment: Lodging Tax Community and Economic Development Department recommended the Advisory Committee appointment of Brent Cammon, General Manager of Marriott Spring Hill and Marriott Towne Place,to the Lodging Tax Advisory Committee to fill the vacancy left by Rick Meinig and to ratify the existing membership of the Lodging Tax Committee as follows: City of Renton Councilmember King Parker; Bill Taylor,President and CEO of the Renton Chamber of Commerce; Preeti Shridhar, City of Renton Communications Director; and Kathy Madison, Hilton Garden Inn. Council concur. Finance: eGov Alliance Finance and Information Services Department recommended approval of a Partnership Agreement contract in the amount of$19,500 per year with eGov Alliance Partnership to extend full partnership rights to the City of Renton for 2009 through 2018. Concil concur. (See later this page for resolution.) Finance: GIS Enterprise Finance and Information Services Department recommended approval of a License Agreement, ESRI contract in the amount of$50,000 per year with Environmental Systems Research Institute,Inc. (ESRI) for a three-year enterprise license agreement to allow additional access to the citywide Geographical Information Systems (GIS). Council concur. SAD: Central Plateau Utility Systems Division requested authorization to establish the Central Plateau Interceptor Phase II Interceptor Phase II Special Assessment District in the amount of$2,207,591.54 to ensure that project costs are equitably distributed to those who benefit. Refer to Utilities Committee. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Utilities Committee Chair Zwicker presented a report recommending Utilities Committee concurrence in the staff recommendation to waive the requirement for SAD: Baxter Lift Station preliminary approval and preliminary notice for special assessment district, and Replacement that the Baxter Lift Station Replacement Special Assessment District No. 0043 be approved. The Special Assessment District No. 0043 will establish new 5&t- connection charges in the amount of$166,421 for this parcel. In addition, simple interest will accrue at a rate of 5.30 percent for a period of ten(10)years. The Committee further recommended that the ordinance finalizing the Baxter Lift Station Replacement Special Assessment District be presented for first reading. MOVED BY ZWICKER, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 169 for ordinance.) RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES RESOLUTION#4007 A resolution was read authorizing the Mayor and City Clerk to enter into an Finance: eGov Alliance interlocal agreement establishing the City of Renton as an eCityGov Alliance Partnership Agreement Partner City. MOVED BY PERSSON, SECONDED BY TAYLOR, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. : . ,.• . APPROVED`BY . • . . . CITY:C.O.UNCIL , • • • UTILITIES COMMITTEE-.:_, .,D•ate .� 8.'0W09 .- ' • • COMMITTEE REPORT June 2009 , ` :•'••BAXTER•LIFT STATION REPLACEMENT - :• . .• ' • SPECIAL ASSESSMENT DISTRICT N0.;0043. • • • ' • • .The-Utilities,'Co iriniittee recommends concurrence,with •staff's recon mend'ation•to-waive"the• ' , - - requirement'for.,preiiminazy:approval and preliminary notice for a special'assessment.ditr ct;and' thatthe.Baxter LiftStation Replacement Special•Assessment`District No. 0043::be approved.. -,,. • - The°Special Assessment'District No'00;43 i ill,establish new connection charges'iri the.amount'of .'.: ' S:1;66;42;1-•foia'this parcel, In"addition;simple,:interest will accrue`;at a::rat 'of$.3:0 pe-scent for a period. : , . . : -. ' -, :The.Utilities.Committee further:"recommends-that.the ordinance;.fi ial zirig.the Baxter Lift Station,• . . Replacement Special•Assessment<Disi,rict.be presented`:for.•firt reading,- - - . • • ��i. A. ' ' telt .. • ...,,..„. ...:1'•- . . i•-•i'..)::. '''''''''V.4:P:‘ ;,:- C''••71•.:.:".,"•";:::"..,: ,':,.•.i.;,•••••;',. .,,..,, ''pl-S4..:_Z,-,..„, '•••••. s'••.••-....•.-,. ,•,--.. :,.. .. .. ..,:. , 2,..,• ,.., .,:. . . .... .,. : • • • - 'arker;vice-Chair ' . , : • • - . _ . Terri Briere,NI tuber eb: . .- Lys 1-i ,,s •Utility"Systems Director ; . Dave Cliristensen,Wastewater Supervisor _ '. H:\Committeelhfo\Reports\Utilitie$\2009\Baxter.Lift'Station.doc/JDi-itp _ - . , • June 1,2009 Renton City Council Minutes Page 159 Transportation: Railroad Transportation Systems Division recommended approval of an agreement with Improvements Reimbursement the Washington State Department of Transportation formalizing reimbursement Commitment, WSDOT commitments for railroad improvement costs incurred at Rainier Ave. S.,Hardie Ave. SW, and Shattuck Ave. S. Council concur. SAD: Baxter Lift Station Utility Systems Division requested authorization to establish the Baxter Lift Replacement Station Replacement Special Assessment District,waive preliminary assessment 0j ' requirements, and approve the final assessment. Refer to Utilities Committee. Utility: Opportunity Funds Utility Systems Division recommended approval of an interlocal agreement with Agreement,King County King County Flood Control Zone District for transfer of Opportunity Funds for Flood Control Zone District City flood control projects. Council concur. (See page 160 for resolution.) MOVED BY CORMAN, SECONDED BY TAYLOR, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS MOVED BY CORMAN, SECONDED BY ZWICKER, COUNCIL CONCUR Solid Waste: Waste WITHITHE ADMINISTRATION'S RECOMMENDATION REGARDING Management Rates for Multi- SOLID WASTE RATES (ESTABLISHING INTERIM RATES AND CREDITS Family Units FOR MULTI-FAMILY COMMERCIAL CART CUSTOMERS FOR 2009 AND A NEW CUSTOMER CLASS AND RATE ANALYSIS FOR 2010 AND BEYOND).* Councilmember Briere requested that the issue be held an additional week to review the new rate information and concerns voiced by members of the community. Council discussion ensued regarding the fairness of charging different rates for different customer classifications, disrupting other ratepayers,prolonging versus resolving the issue,providing immediate relief,rebates, and budget certainty for affected customers,billing condominium owners individually, commercial account classifications,possibly creating a taskforce regarding the issue, and applying rate reduction and credits only to 2009. *MOTION CARRED. (See page 160 for ordinance.) Solid Waste: Individual Billing MOVED BY ZWICKER, SECONDED BY PARKER, COUNCIL REFER THE for Condominium Owners ISSUE OF SOLID WASTE BILLING(INDIVIDUAL BILLING FOR CONDOMINIUM OWNERS)TO THE UTILITIES COMMITTEE. CARRIED. Utilities Committee Utilities Committee Chair Zwicker presented a report recommending Latecomer Agreement: Gill, concurrence in the staff recommendation to grant preliminary approval of the NE 7th Pl,LA-09-001 request for a latecomer agreement from Daljit Singh Gill and Hardip Singh Gill for a period of two (2)years. The application for a latecomer's agreement was submitted to recover a portion of the$93,861.32 estimated cost for a sewer main extension along NE 7th Pl.between Field Ave.NE and Hoquiam Ave.NE to serve their property. The Committee further recommended that Council authorize the preliminary assessment roll to be forwarded to the City Clerk,who will notify the affected property owners. If no protests are received, after construction of the facilities and approval of the final costs,staff shall present the latecomer agreement for final approval by Council and authorize preparation of the final assessment roll and latecomer agreement. In the event there is a protest for valid cause,a public hearing will be held to resolve any issues prior to proceeding with this matter. MOVED BY ZWICKER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ( 1 OF RENTON COUNCIL AGEND, AI#: (,# I, Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Utility Systems/Wastewater June 1, 2009 Staff Contact Dave Christensen(x7212) Agenda Status Consent X Subject: Public Hearing.. Establishment of the Baxter Lift Station Replacement Correspondence.. Special Assessment District No. 0043 Ordinance X Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance I Information Draft Final Notice of Potential Assessment Final Assessment District Roll Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... i Transfer/Amendment Amount Budgeted i Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Wastewater Utility has completed reimbursement for the oversizing of the Baxter Lift Station Replacement. A portion of the funds reimbursed to the developer that built the lift station benefit an additional developable parcel adjacent to the lift station. A special assessment district should be formed in order for the City to be reimbursed for its costs upon development of this adjacent parcel. The amount attributable to this parcel is $166,421. Interest will accrue on the assessment at a rate of 5.30 percent for a period of 10 years (per City Ordinance#4505) 30 days after final approval of the ordinance. STAFF RECOMMENDATION: Waive the requirement for preliminary approval and preliminary notice for the Baxter Lift Station Replacement Special Assessment District. Approve the final Baxter Lift Station Replacement Special Assessment District No. 0043 and present the ordinance for first reading. H:\File Sys\WWP-WasteWater\W WP-03-0000 Correspondence-Wastewater\DaveC\2009 Correspondence\Baxter Final SAD AB.doc\DMCtp ti`s O PUBLIC WORKS DEPARTMENT • ® MEMORANDUM• �-4>Nrv0 DATE: May 14, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerma> Ad inistrator STAFF CONTACT: Dave Christensen, Wastewater Supervisor (ext. 7212) SUBJECT: Establishment of the Baxter Lift Station Replacement Special Assessment District No. 0043 ISSUE: Does the City wish to establish a Special Assessment District for the Baxter Lift Station Replacement, in order to ensure that the cost of the project is equitably distributed to those who benefit? RECOMMENDATION: Waive the requirements for the preliminary approval and preliminary notice for the Baxter Lift Station Replacement Special Assessment District. Approve the final Baxter Lift Station Replacement Special Assessment District No. 0043 and present the ordinance for first reading. BACKGROUND SUMMARY: The Baxter Lift Station was replaced by two developers as part of their new developments. Connor Homes and Football Northwest needed additional capacity to accommodate their development. As part of the replacement of the station, the City requested the developer to size the lift station to provide sufficient capacity for a moderate size development on the parcel (Port Quendall property) between their two developments. The developers requested, and the City granted oversizing reimbursement. The old Port Quendall property will benefit from this facility at such time as they develop. The additional capacity provided by the developers was for two purposes. First, capacity was provided for the City's existing flows coming from the Misty Cove Lift Station. This accounts for 72 GPM of the additional 183.1 GPM provided. The remaining 111.1 GPM is available for the Port Quendall site. • Council/Baxter Lift Station D May 14,2009 Page 2 of 2 To calculate the benefit for the'Port Quendall property we are using a percentage of total flow to the lift station. The developers accounted for 60.9% of the total flow, and at a total cost of$697,754 for the station,their share is $424,932. That leaves $272,822 to be split between the City, for the Misty Cove flows, and the Port Quendall site. Based upon flows of 72 GPM for the City(39%) and 111.1 for the Port Quendall site(61%),the dollar amount to assign to the Port Quendall site is $166,421. Staff did not come forward with this special assessment district request prior to the developer starting construction,thus no preliminary notice was provided. However, City capital funds have been expended that benefit a future developable parcel. As such, staff is requesting that Council waive the code section requiring preliminary notice and proceed with the acceptance 9f the Final Special Assessment District. CONCLUSION: It has been the policy of the City that when sanitary sewer facilities have been installed that the City hold a Special Assessment District in order to ensure that each property benefitting from the new facility pays their fair share of the costs. This policy helps to ensure that the existing ratepayers do not pay a disproportionate share of the costs for these City-installed facilities. Therefore,we recommend that Council approve the establishment of the Baxter Lift Station Replacement Special Assessment District No. 0043. cc: Lys Hornsby,Utility Systems Director File H:\File Sys\WWP-WasteWater\WWP-03-0000 Correspondence-Wastewater\DaveC\2009 Correspondence\Baxter Final SAD Issue.doc\DMCtp Dsyr ly+ - FT :1.10: CITY OF RENTON , FINAL NOTICE OF POTENTIAL ASSESSMENT for City of Renton Baxter Lift Station Replacement Special Assessment District No. 0043 • Quendall Terminals PER UNIT ASSESSMENT P.O. Box 477 $166,421 Renton, WA 98055 (Lump Sum) King County Account No. 292405-9002 LEGAL DESCRIPTION: POR OF GL 5 & SH LDS ADJ LY WLY OF NP R/W&SLY OF A LN BAAP ON WLY MGN OF SD R/W 1049.63 FT NELY OF S LN SD GL TH SWLY TAP N 59-24-36 W 50 FT FRM PT ON WLY MGN OF R/W WCH IS 949.63 FT NELY OF S LN SD GL TH S 56-28-50 W 111.16 FT TH N 59-24-36 W TO INNER HARBOR LN ALSO POR SD GL LY WLY OF ST HWY#1 & ELY OF LK WASH BLVD LESS PSH #1 LESS POR FOR RD PER REC#2000619001179 The facilities, as shown on the attached map, are eligible for cost recovery under City Special Assessment District Ordinance No. XXXX. For those properties that could receive benefit directly by the sewers, future use would trigger payment of a'fair share' cost of the sewer. This assessment is calculated, as a unit charge, by dividing the cost of the replacement lift station by the total number of GPM for the new station, and then multiply the per GPM amount to the estimated GPM for each parcel/user. The unit charge for the above referenced property is located in the upper right corner of this page. The purpose of the assessment district is to allow the City the ability to collect the costs of the construction of the sewer facilities from all those who benefit from its construction. To accomplish this, we are required to record an ordinance which will serve as a notice of potential assessment. This ordinance will establish a boundary that includes any parcel that may benefit in the future. It is our goal to ensure, in fairness to all, that any property owner that connects at a later date pays their share just like those who will connect right away. The benefit area is defined as the ultimate service area that the facility may be able to serve. This boundary is shown on the attached map. This assessment district does not create a lien against real estate and is not a charge against your property until your property is connected to, or benefitting from, the Baxter Lift Station Replacement project. You will only be required to pay this assessment when the property gains benefit from these sewer facilities. Until that time, the property can be sold or change hands without triggering the assessment. Benefit from these sewer facilities can be described as follows: • A property not currently connected to a City sewer facility (i.e., currently utilizing an on-site system or a vacant parcel), that connects to the sewer system associated with this district will trigger the assessment. Until then,the assessment will not be triggered. • For those properties that are already connected to City sewer, this assessment will only be triggered if the property increases its density either by change of use (i.e., single family to multi- family housing) or through increased density within the same use (i.e., further subdivision of land for single family housing). H:\File Sys\WWP-WasteWater\WWP-03-0000 Correspondence-Wastewater\DaveC\2009 Correspondence\Baxter tinal_notice.doc\DMCtp You will not be required to pay the assessment unless one of the above situations occurs. However, the assessment district will accrue simple interest at a rate of 5.30% per annum for a period of ten years. The accrual of interest will begin thirty (30) days after the notice of potential assessment is recorded with King County Records. To avoid interest charges at a future date, you may pay the amount of assessment during the thirty-day period after recording, interest free. This option is totally at the discretion of the property owner. Some properties within the boundary of this special assessment district are currently within other city held special assessment districts. Each property will only be responsible to pay the charges for the special assessment districts that they derive benefit from. Per City Ordinance No. 4444 you may request an appeal hearing by writing to the Renton City Council, do City Clerk, 1055 S. Grady Way, Renton, WA 98057, within twenty (20) days of this mailing(by XXX XX,XXXX, 5:00'P.M.). Grounds for protest: An appeal shall include a 'statement of claimed errors that concern the proposed assessment and must be accompanied by a$75.00 non-refundable fee. Errors which are not set forth in writing will not be considered. Pursuant to City Ordinance No. 4444, Sections 9-16-9.0 and D, the'only items of appeal that will be considered are the cost of the facilities, the costs distribution methodology, and the issue of benefit to the properties to be assessed Appeal Fee and Appeal Process: A non-refundable appeal fee in the amount of$75.00 shall be submitted with each appeal. If a protest is received and deemed timely and establishes a proper ground for protest according to City Ordinance, a public hearing will be held If no protests are received, the above-quoted notice of potential assessment will be recorded against your property. The charge(s) will not be collected until you subsequently tap onto or use the facilities covered by the Special Assessment District notice. We hope that this notice will answer most of your questions. If you do, however, have questions pertaining to the lift station modification, the background of the assessment district, or the appeal process,please contact Dave Christensen at 425-430-7212. Bonnie I. Walton, City Clerk Notice of Final Assessment/Final Hearing H:\File Sys\WWP-WasteWater\WWP-03-0000 Correspondence-Wastewater\DaveC\2009 Correspondence\Baxter final_notice.doc\DMCtp CITY OF RENTON • , FINAL ASSESSMENT ROLL SPECIAL ASSESSMENT DISTRICTS BAXTER LIFT STATION REPLACEMENT Type: Wastewater Utility Improvements Property Name/Address of Owner Cost Per Unit Identification Quendall Terminals $166,421.00 P.O. Box 477 (Lump Sum) Renton WA 98055 KC Tax Act# 292405-9002 Legal Description: POR OF GL 5 & SH LDS ADJ LY WLY OF NP R/W& SLY OF A LN BAAP ON WLY MGN OF SD R/W 1049.63 FT NELY OF S LN SD GL TH SWLY TAP N 59-24-36 W 50 FT FRM PT ON WLY MGN OF R/W WCH IS 949.63 FT NELY OF S LN SD GL TH S 56-28-50 W 111.16 FT TH N 59-24-36 W TO INNER HARBOR LN ALSO POR SD GL LY WLY OF ST HWY#1 & ELY OF LK WASH BLVD LESS PSH #1 LESS POR FOR RD PER REC# 2000619001179 • H:\File Sys\WWP-WasteWater\WWP-03-0000 Correspondence-Wastewater\DaveC\2009 Correspondence\Baxter Final sad roll.doc\DMCtp uIPE r1 CITY OF RENTON, WASHINGTON - '' • pr • .. SOR 164 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES BENEFITTING FROM THE BAXTER LIFT STATION REPLACEMENT ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DO ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by the Baxter Lift Station Replacement project in the northwest quadrant of the City of Renton and within King County, which area is more particularly described in Exhibit"A"attached hereto. A map of the service area is attached as Exhibit"B". The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time,the City does not require payment until such time as the parcel is connected to and,thus,benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in this Special Assessment District, and which properties have not been charged or assessed with all costs of the Baxter Lift Station Replacement as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge,the following additional fees: A. Per Unit Charge. Any new connection that flows to the Baxter Lift Station shall pay a Lump Sum charge of$166,421.00,total for the entire parcel. SECTION III. In addition to the aforestated charges,there shall be a charge of 5.30% per annum added to the Special Assessment District charge. The interest charge shall accrue for no more than ten(10)years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty(30) days after publication. PASSED BY THE CITY COUNCIL this day of ,2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of ,2009. • Denis Law,Mayor H:\File Sys\WWP-WasteWater\WWP-03-0000 Correspondence-Wastewater\DaveC\2009 Correspondence\Baxter SAD Ordinance.doc\DMCtp EXHIBIT A LEGAL DESCRIPTION That portion of Government Lot 5 in Section 29, Township 24 North, Range 5 East, W.M., and shoreland adjoining lying westerly of the Northern Pacific Railroad right-of- way and southerly of a line described as follows: Beginning at the quarter corner on the south line of said Section 29; Thence North 89°58'36" West along the South line of said Lot 5, 1,113.01 feet to the westerly line of said Northern Pacific Railroad right-of-way; Thence North 29°44'54" East 849.62 feet along said right-of-way line to a point hereinafter referred to as Point A; Thence continuing North 29°44'54" East 200.01 feet to the True Point of Beginning of the line herein described; Thence South 56'28'50" West 222.32 feet to a point which bears North 59°24'56" West 100.01 feet from said Point A; Thence North 59°24'56" West to the inner harbor line and the end of said line description. LESS that portion of the above described area dedicated as right-of-way under King County Recording No. 20080619001179. Situate in the City of Renton, King County, Washington. 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Vi , (1) = \ 0 rn S Ail& ArAlrilli , . / / N I 41 Oth St I I I t 1 I 11.1.11 - .5,.;.ti,?... EXHIBIT 'V" BAXTER LIFT STATION REPLACEMENT i i..,..,-;,-,", District Special Assessment SPECIAL ASSESSMENT DISTRICT