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HomeMy WebLinkAboutCouncil 10/13/2003AGENDA RENTON CITY COUNCIL REGULAR MEETING October 13, 2003 Monday, 7:30 p.m. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. PROCLAMATION: World Population Awareness Week October 20 to 25, 2003 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of October 6, 2003. Council concur. b. City Clerk submits application from Building C at Southport, LLC for a partial release of easement for a portion of a fire main easement lying within Lot 3 of City of Renton Short Plat No. LUA-99-134 (Southport Short Plat), (RE-02-001). Refer to Utilities Committee. c. Community Services Department submits CAG-02-189, Parking Garage Signage; and requests approval of the project, authorization for final pay estimate in the amount of $652.80, commencement of the 60-day lien period, and release of retained amount of $4,622.22 to CK Doty & Associates of WA, Inc., contractor, if all required releases are obtained. Council concur. d. Community Services Department submits CAG-02-193, Veterans Memorial Park; and requests approval of the project, commencement of the 60-day lien period, and release of retained amount of $9,248.22 to Athletic Fields, Inc., contractor, if all required releases are obtained. Council concur. e. Hearing Examiner recommends approval, with conditions, of the Honey Creek Estates II Preliminary Plat; 16 single-family lots on 4.65 acres located at 1100 Hoquiam Ave. NE (PP-03- 001). Council concur. f. Legal Division recommends adoption of an ordinance to revise RMC 5-5-3(D) to allow exemptions in the Business License Requirement Exemptions Section for translators, expert witnesses, court reporters and certain attorneys who have a business license in another jurisdiction. Refer to Finance Committee. g. Transportation Systems Division recommends a 12-hour temporary road closure to occur between October 1 and October 30, 2003, at the intersection of Mountain View Ave. N. (N. 33rd St.) and Lake Washington Blvd. for railroad crossing upgrade by Burlington Northern Santa Fe. Council concur. (See 9. for resolution.) h. Utility Systems Division recommends approval of a consultant contract with Economic and Engineering Services, Inc. in the amount of $686,700 for services during construction of the Maplewood water treatment facility and golf course improvements. Council concur. (CONTINUED ON REVERSE SIDE) 7. QORRESPONDENCE E-mail from Steven Herchelrode, 3523 NE 6th St., Renton, 98056, regarding offensive behavior on Metro bus route 111 and request for revocation of business license of Western Clinic Health Services, Inc. OLD BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the chairman if further review is necessary. a. Finance Committee: Golf Course Fee Increase*; Consultant Contract for ExploreLife b. Public Safety Committee: Animal Impound Ordinance Revisions* 9. ORDINANCES AND RESOLUTIONS Resolution: Authorizing temporary intersection closure for railroad crossing upgrades (see 6.g.) Ordinances for first reading: a. Increasing certain 2004 golf course fees (see 8.a.) b. Authorizing forfeiture of an animal; removal and restoration of an animal (see 8.b.) c. Clover Creek II property rezone from R-1 to R-5 (Council approved 9/15/03) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 7:00 p.m. Regional Issues Update • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11:00 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 October 13, 2003 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF KATHY KEOLKER-WHEELER, Council President; DAN CLAWSON; TONI COUNCILMEMBERS NELSON; RANDY CORMAN; DON PERSSON; KING PARKER. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL EXCUSE ABSENT COUNCILMEMBER TERRI BRIERE. CARRIED. CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public'Works Administrator; ALEX PIETSCH, Economic Development Administrator; DEREK TODD, Assistant to the CAO; COMMANDER FLOYD ELDRIDGE, Police Department. PROCLAMATION A proclamation by Mayor Tanner was read declaring the week of October 20 to World Population Awareness 25, 2003, to be "World Population Awareness Week" in the City of Renton, Week - October 20 to 25, 2003 urging all citizens to conserve water whenever and wherever they can and to reflect on ways to ensure adequate safe water supplies for future generations. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE PROCLAMATION AS READ. 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 2003 and beyond. Items noted included: The second annual Harvest Festival at the Piazza will be held on October 18. Sponsored by Piazza Renton and the City of Renton, this event builds on the successful revitalization in downtown Renton. Special thanks to the Wal-Mart Foundation for donating $1,000 to purchase school supplies for the low-income childrenwho attended the Summer Lunch Program at Tiffany Park. The Transportation Systems Division has initiated a study of the Rainier Ave. corridor, and a presentation of existing corridor,conditions will be the focus of the first open house on October 21 at the Renton IKEA Performing Arts Center. AUDIENCE COMMENT Sueellen Ebertz, 3321 SE 7th St., Renton, 98058, requested xhat Renton Citizen Comment: Ebertz - Hot Municipal Code Section 4-5-110C, Fencing Required around Pools:and Spas, Tub (Spa) Regulations be amended. She detailed the problems she encountered-*ith the installation of a hot tub (spa) at her residence due to the City's fence height and construction standards, and pointed out that the requirements substantially increased the cost of the project. Ms. Ebertz recommended that the City decrease the fencing requirements for hot tubs, and require that they have locking covers. MOVED BY PARKER, SECONDED BY CLAWSON, COUNCIL REFER THE SUBJECT OF HOT TUB (SPA) REGULATIONS TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. October 13, 2003 Renton City Council Minutes Page,365 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 October 6, 2003. Council concur. October 6, 2003 Release of Easement: Building City Clerk submitted application from Building Cat Southport, LLC for partial C at Southport LLC (Southport release of a fire main easement (RE-02-001) located in the vicinity of Gene Short Plat), RE-02-001 Coulon Memorial Beach Park and Lake Washington Blvd. within Lot 3 of the Southport Short Plat (SHP-99-134). Refer to Utilities Committee. Parking Garage Signage, CK ,,�;,.,itfZb-IjopartrnenrsubmittedlUAli-W___189;City'Ceriter'Parking Garage Signage; and requested approval of the authorization for final Doty & Associates project, pay estimate in the amount of $652.80, commencement of 60-day lien period, and release of retained amount of $4,622.22 to CK Doty & Associates of WA, Inc., contractor, if all required releases are obtained. Council concur. CAG: 02-193, Veterans Community Services Department submitted CAG-02-193, Veterans Memorial Memorial Park, Athletic Fields Park; and requested approval of the project, commencement of the 60-day lien period, and release of retained amount of $9,248.22 to Athletic Fields, Inc., contractor, if all required releases are obtained. Council concur. Plat: Honey Creek Estates 11, Hearing Examiner recommended approval, with conditions, of the'Honey Creek Hoquiam Ave NE, PP-03-001 Estates II Preliminary Plat; 16 single-family lots on 4..65 .acres located at 1100 Hoquiam Ave. NE (PP-03-001). Council concur. Finance: Business License Legal Division recommended adoption of an ordinance to revise City Code Requirement Exemptions Section 5-5-3(D), Business License Requirement Exemptions, to allow exemptions for translators, expert witnesses, court reporters, and certain attorneys who have a business license in another Jurisdiction. Refer -,to Finance Committee. Streets: Mountain View Ave N Transportation Systems Division recommended a 12-hour�temporary..road & Lake WA Blvd Intersection closure at the intersection of Mountain View Ave. N. (N..3.3rd St.) and Lake Closure for RR Crossing Washington Blvd., during a single day between October 14;and 31, 2003, for a Upgrade railroad crossing upgrade by Burlington Northern .Santa Fe Railroad. Council concur. (See page 366 for resolution.) Utility: Maplewood Water Utility Systems Division recommended approval of a consultant contract with Treatment Facility Economic and Engineering Services, Inc. in the amount of $686,700 to -perform Improvements, Economic & professional services during construction of the Maplewood Water Treatment Engineering Services Facility and Golf Course Improvements Project. Council concur. MOVED BY KEOLKER-WHEELER, SECONDED BY PARKER, (COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED_ CARRIED. CORRESPONDENCE Correspondence was read from Steve Herchelrode, 3.523 NE(6th'St.,lRenton, Citizen Comment: Herchelrode 98056, regarding the offensive behavior displayed on Kling(County'Metro bus - Metro Bus #111, Western #I I I by some patrons of the Western Clinic Health Senvicesi(WCH-S)„an Clinic Health Services Patrons opiate substitution treatment center, located within the Hilands Shopping Center. Mr. Herchelrode recommended revocation of the ch- nie's "business license or the relocation of the clinic. Councilman Clawson stated that he occasionally rides bus #111;,and�confirmed that some clinic patrons display obnoxious behavior. Due to :the -number of citizen complaints, he recommended that the City contact WCHS to discuss the matter. Councilman Parker agreed that the clinic should':be (contacted. October 13, 2003 Renton City Council Minutes Page 366 Planning/Building/Public Works Administrator Gregg Zimmerman indicated that the City can try to reduce the severity of the problem by discussing the matter with the proprietors of the clinic, and by requesting that Metro provide better policing on its buses. Mayor Tanner asked Mr. Zimmerman to contact both the clinic and Metro. OLD BUSINESS Finance Committee Chair Parker presented a report recommending concurrence Finance Committee in the staff recommendation to approve Addendum #2 to CAG-03-020, CAG: 03-020, Explore Life consultant agreement with Maura O'Neill for the Explore Life Project, in the Project, Maura O'Neill amount of $50,000. This amount will cover the cost of additional work done from April through June 30, 2003, including the production of the Explore Life Business Plan. This will conclude the City's financial commitment to the Explore Life Project. The Committee further recommended that the Mayor and City Clerk be authorized to execute Addendum #2. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3661 A resolution was read authorizing the temporary closure of Mountain View Streets: Mountain View Ave N Ave. N. (N. 33rd St.) at the railroad grade crossing directly west of the & Lake WA Blvd Intersection intersection with Lake Washington Blvd., for a period of 12 consecutive hours Closure for RR Crossing during a single day between October 14 and October 31, 2003, for Burlington Upgrade Northern Santa Fe Railroad to make improvements to the railroad grade crossing. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of October 20, 2003, for second and final reading: Rezone: Clover Creek II, N An ordinance was read changing the zoning classification of approximately 28th St, R-1 to R-5 (PP-01- 4.43 acres located at 1317 N. 28th St., between N. 28th St. to the north and N. 034) 26th St. to the south, from R-1 (Residential Single Family; one dwelling unit per acre) to R-5 (Residential Single -Family; five dwelling units per acre) zone; Clover Creek H Preliminary Plat and Rezone (PP-01-034). MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON OCTOBER 20, 2003. CARRIED. ADJOURNMENT MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:03 p.m. 1 10-w t 4. L daatd� BONNIE I. WALTON, City Clerk Recorder: Michele Neumann October 13, 2003 CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk • COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUN"CIL MEETING + October 13, 2003 *REVISED* COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 10/20 Third Quarter Financial Report; (Keolker-Wheeler) 6:30 p.m. 2004 Revenue Estimate Update; Boeing Environmental Impact Statement Process Update COMMUNITY SERVICES (Nelson) FINANCE (Parker) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY (Clawson) TRANSPORTATION (AVIATION) (Persson) UTILITIES (Corman) MON., 10/20 Vouchers; 6:00 p.m. *Business License Requirement Exemptions THURS., 10/16 Fund Reallocation to R I1t69 H0V/140th 4:00 p.m. Way SE to SR-900 Pr9ject THURS., 10/16 Partial Release of Easement.2�Pp1}ication 3:30 p.m. by Building C at Soidhport .L LC NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the(Councill Conference Room unless otherwise noted. CITY OF RENTON Mayor Jesse Tanner Whe weak, the world's population of 6.3 billion is projected to increase to nearly 9 billion before leveling off, and WheYea,w, the population of the United States exceeds 291 million and is expected to increase to 600 million by the year 2100; and W herec,k, water is vital to the sustainability of life and has no existing substitute; and Wh.e aa4,, a recent study revealed that 58 areas of the United States are water stressed, from Florida and Georgia to western Texas to northern California and southern Oregon, as well as most of heartland U.S.A.; and W1AP,rea4; 1.2 billion people worldwide already lack an adequate safe water supply; and Wh.e e,a,k, five to seven million people die annually from water -related diseases, including 2.2 million children under the age of five; and Wherea4,, 20 percent of the world's population in 30 countries face water shortages today, a figure expected to rise to 30 percent of the world's population in 50 countries by 2025; and W he.Yecw, many water shortages stem from inefficient use, or unsustainable use of underground water in aquifers, which can take thousands of years to replace; and WheYeu k; the theme of World Population Awareness 2003 is "Water: Our Most Precious Natural Resource;" NOW, T{1eWe tXreer, I, Jesse Tanner, Mayor of the City of Renton, do hereby proclaim October 20-25, 2003, to be: in the City of Renton, and urge all citizens to conserve water whenever and wherever they can and to reflect on ways to ensure adequate safe water supplies for future generations. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 13th day of October, 2003. 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6500 / FAX (425 j 43 ® This paper contains 50 % recycled material, 30 % post consumer AHEAD OF THE CURVE CITY OF RENTON MEMORANDUM DATE: October 13, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council FROM: Jesse Tanner, 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 Last week, Diane Dobson-Rebar was selected from six recognized Outstanding Citizens and named the 2003 Renton Citizen of the Year. Diane is a member of the Renton Lions Club, serves on the Board of Directors for the Renton Clothes Bank, and is a founding member of the Renton-Cuautla Sister City Committee. She also volunteers for DMA Renton River Days and has served as a mentor and tutor in the Renton School District. The other five recognized Outstanding Citizens were Terri Briere, Harley Brumbaugh, Jim Medzegian, Carolyn Parnell, and Suzanne Thompson. Sponsored by the City of Renton, Greater Renton Chamber of Commerce, and Rotary Club of Renton, the Citizen of the Year program formally recognizes the contributions of individuals who help to nurture the soul and sense of community in Renton through their selfless acts of generosity and volunteerism. The Citizen of the Year demonstrates achievement as an Outstanding Citizen and is involved in more than one area of interest, over a period of time, and in a way that significantly impacts the community. Special thanks to the Renton Youth Council, a group comprised of middle and high school students, for volunteering their services to help at the event. The second annual Harvest Festival at the Piazza is this Saturday, October 18t', from 12:00 noon to 5:00 p.m. Sponsored by Piazza Renton and the City of Renton, this event builds on the successful revitalization in downtown Renton. Browse and shop through several vendor booths, enjoy musical entertainment, and pick up some great cooking tips from a celebrity chef. Face painting and pumpkin painting will delight the kids - all free of charge! The Piazza will be adorned with decorated scarecrows and those attending will vote to determine the People's Choice Award for the best scarecrow. For further information call 425-228- 2209. COMMUNITY SERVICES DEPARTMENT • Special thanks to the Wal-Mart Foundation for donating $1,000 to purchase school supplies for the low- income children who attended the Summer Lunch Program at Tiffany Park. • The Renton Rookie Athletic program for children aged 4 to 6 kicked off their season last week with 100 participants and 53 on the waiting list. Preseason basketball classes for children aged 8 to 15 started with 136 boys and girls, with an additional 25 on the waiting list. • The fall softball season ended last week with the following league champions: Men's Recreational - Vince's; Men's D - Tag; Co -Ed Competitive - No Names. Just starting is the fall men's basketball program with 18 teams, including a new lower recreational division, and the fall co-ed volleyball program, with 32 teams, including a new upper recreational division. Administrative Report October 13, 2003 Page 2 • The Seattle Philharmonic Orchestra will present a Family Concert at the Renton IKEA Performing Arts Center at 3:00 p.m. on Sunday, October 19t'. This event is co -sponsored by the Renton School District, Renton Municipal Arts Commission, and the Renton PTA Council. For more information, please call 425- 235-6363. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • The City's Transportation Systems Division has initiated a study of the Rainier Avenue corridor in order to as.s.sitiVJ+v/1aV iiii�uiiu �i ul.UrV �l.i tlllJt.IV1tU 11 Vl\ J,'Jt\+1111111tJiV YV111V11tJ,VUJ11tVJJ ClV\.1/JJ 111.V4J, tJt.UVb111U11 amenities, transit service speed and reliability, and other issues. A presentation of existing corridor conditions will be the focus of the first open house on Tuesday, October 21", from 4:00 to 8:00 p.m. at the new Renton IKEA Performing Arts Center located adjacent to the Renton High School. Additional details can be found in the Spotlight section of the City of Renton's website at www.ci.renton.wa.us. • There will be a closure of Mountain View Avenue N. (N. 33`a St.) directly west of the intersection of Lake Washington Blvd. to replace the deteriorating asphalt of the railroad crossing with pre -cast concrete panels. Although pedestrian access will be maintained, this closure will block vehicle access for the 27 residences on Mountain View Avenue N. for a period of 12 consecutive hours during a single weekday. The exact date has not yet been determined but the closure is planned between October 14t' and 3151. There will be an informational meeting at the City's Public Works Shops, 3555 NE Second St., on Tuesday, October 14`h, at 6:00 p.m., with presentations by staff from the City and Burlington Northern Santa Fe Railroad. A meeting notice/informational brochure was sent to all affected residences. The Police and Fire Departments will ensure that all necessary emergency precautions are taken during the closure and that residents are not put at risk. POLICE DEPARTMENT • During the week of October 14-20, the Police Department will be conducting traffic emphasis in the following areas and, in addition, all school zones during school days: Renton Police Department Traffic Enforcement Emphasis October 14-20 Date 6:00 a.m. to Noon Noon to 6:00 p.m. All Da Motorcycles/Cars Motorcycles/Cars Radar Trailer October 14, Tuesday Lind Ave SW (speed) 2700 blk, Benson Dr S 1100 blk, Hoquiam Ave N_ E SW 43'd St (speed) 1700 blk, Lk Youngs Way SE October 15, Wednesday 1100 blk, Carr Rd (speed) Rainier Ave N (speed) Rainier Ave N (speed) 1400 Houser Way (speed) 200 blk, S 2 na St October 16, Thursday 2600 blk, NE 7 St (speed) Lk Wash Blvd (speed) Lk Wash Blvd (speed) 2600 blk, NE 7`h St (speed) 200 blk, S 2 nd St October 17, Friday 1800 blk, Kirkland Ave SE (speed) SW Sunset Blvd (turns/s eed) Rainier Ave N (speed) 1800 blk, Kirkland Ave SE (speed) 200 blk, S 2nd St October 20, Monday Lk Wash Blvd (speed) 600 blk, Duvall Ave NE (speed) NE 10 /Olympia (stop sign) SW Grady Way (speed) 400 blk, Cedar Ave S CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. AJLS/City Clerk Staff Contact...... Bonnie Walton, x6502 Subject: Application For (Partial)Release of Easement by Building C at Southport, LLC; for a portion of a fire main easement lying within Lot 3 of City of Renton Short Plat No. LUA-99-134 (Southport Short Plat); File No. RE-02-001 Exhibits: Staff Issue Paper Application, including map & legal description Fire Main Easement (Recording #8407260401) For Agenda of: October 13, 2003 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information ......... Recommended Action: Approvals: Legal Dept......... Refer to Utilities Committee Finance Dept...... Other. .... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The applicant, Building C at Southport, LLC, has requested (partial) release of a fire main easement located in the vicinity southwesterly of Gene Coulon Memorial Beach Park and northwesterly of Lake Washington Blvd. North. The easement was granted by Puget Sound Power & Light Company in 1984 and was recorded under King County Recording No. 8407260401. An application filing fee of $100 has been paid. The technical services section of the Utility Systems Division reviewed the Application for Release of Easement, and determined on March 19, 2003, that the (partial) release of easement petition is valid and the legal description is accurate. STAFF RECOMMENDATION: Staff recommends: • Approval of the partial release of easement, subject to execution by the property owner(s) of new water and sewer utility easements, and payment of the $100 easement release processing fee; and • Adoption of an ordinance to finalize the release if the conditions have been met within 90 days of Council approval. Reference: RMC 4-1-180E & RMC 9-1-5 cc: Sonja Fesser, Property Management Division Gregg Zimmerman, PBPW Administrator Alex Pietsch, EDNSP Administrator Dave Christensen, Utility Engineering Supervisor CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: October 2, 2003 TO: Randy Corman, Chair Members of the Utilities Committee VIA: >� Jesse Tanner, Mayor FROM: Gregg Zimmerman, Administrator Planning/Building/Public Works Department STAFF CONTACT: Sonja J. Fesser, Technical Services SUBJECT: Partial Release of Easement, Recorded under King County Recording Number 8407260401 for Building C at Southport, L.L.C., RE-02-001 ISSUE: Technical Services has received a request from Building C at Southport, L.L.C. for the partial release of an easement for a fire line (waterline), currently held by the city. The easement was recorded under King County Recording Number 8407260401. See the attachments for the legal description exhibit and the map for the location of the easement and the property boundary lines. RECOMMENDATION: • Approve the partial release of easement, subject to the applicant, SECO Development, Inc. managing member, approving and executing the new water and sewer utility easements, as written and revised by the City of Renton, for the Southport project. The partial release of easement is described in the legal description attached as Exhibit "A", for the easement originally recorded under King County Recording Number 8407260401. Collect the requisite processing fees from the applicant. No public funds were spent in acquiring or maintaining the easement to be partially released. Therefore, this is a Class "B" release and requires no further compensation, other than the processing fees to be paid by the applicant. Class B: All City of Renton easements for which no public funds have been expended in the acquisition, improvement or maintenance of same or easements originally dedicated or otherwise conveyed to the City by the present petitioner for the release of said easement for which no public expenditures have been made in the acquisition, improvement or maintenance thereof. October 2, 2003 Page 2 BACKGROUND SUMMARY: The subject easement was established on July 26, 1984, under King County Recording Number 8407260401, for the purposes of maintenance, testing and inspection of a fire main with the necessary appurtenances (an underground single line of pipe with an inside diameter not over ten inches, three fire hydrants and other appurtenances). A portion of said easement has since been abandoned in favor of a new easement alignment. The "Grantor" of the easement was Puget Sound Power & Light Company, then owner of the property encumbered by said easement. The subject property was the location of the Shuffleton Steam Plant and used for various electrical maintenance activities. Today, the subject property is identified as the Southport project, a mixed -use development that will be ultimately comprised of shops, housing and office buildings, lying south of Lake Washington and southwesterly of Gene Coulon Park. More specifically, the portion of easement to be released is part of proposed Building "C" - The Carling at Southport Apartments. Said portion must be released to allow for the building of the apartment complex. The legal description for the property is: Lot 3 of City of Renton Short Plat No. 99-134, as recorded under King County Rec. No. 20000131900006. The applicant of the partial release of easement is Building C at Southport, L.L.C. The request to release was made in December 2002. A review by various City departments and outside agencies was done earlier this year, but the release request has made no progress since then, due to the following situation. After reviewing the release request, the Water Utility could not approve the release of easement until SECO Development, Inc., managing member for the subsidiary owners of the Southport project, had approved and signed a new water utility easement document, for the new water easement alignment, that contained specific language regarding the applicant's acceptance of responsibility for restoration costs of the extensive decorative surface improvements in the new easement area. To date, this easement has not been returned to the City by SECO. RESEARCH/SURVEY: The proposed partial release of easement petition was circulated to various City departments and outside agencies for comments. The following is a summary of the responses received from all concerned parties. In favor of the partial easement release: Development Services EDNSP Fire Prevention Maintenance Services Surface Water Utility Transportation Wastewater Utility H:\File Sys\PRM - Property Services Administration\Current Projects\Easements\SPRTISSUI.doc\SFtp -October 2, 2003 Page 3 Conditional Approval of the partial easement release: Water Utility — Abdoul Gafour (Water Utility) stated that he could not recommend approval of the partial release of easement until the applicant (SECO Development, Inc.) agreed that the City should not be responsible for the replacement, or pay for the replacement, of extensive landscape improvements, decorative concrete and brick work installed over the new water line trench by the applicant. Said language was to be added to the Water Utility Easement document by the City and executed by the applicant. Similar additional language had been used in other utility easements for large developments such as Boeing, Paccar and Valley General Hospital. Did not respond: Community Services — Parks Police Department Puget Sound Energy Comcast CONCLUSION: The Council recommendation to approve the partial release of easement, conditioned upon the approval and execution by the applicant of the city -revised new water easement document, will facilitate the release of easement process. Both the execution and recording of the new water and sewer easements and the partial release of the existing water easement are needed for further development of the Southport site. Attachments H:\File Sys\PRM - Property Services Administration\Current Projects\Easements\SPRTISSUI.doc\SFtp EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE FIRE MAIN EASEMENT, AS DESCRIBED IN THE EASEMENT INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 8407260401, RECORDS OF KING COUNTY, WASHINGTON, LYING WITHIN THE BOUNDARY LINES OF LOT 3, CITY OF RENTON SHORT PLAT NO. LUA-99-134-SHPL (SOUTHPORT SHORT PLAT), RECORDED UNDER KING COUNTY RECORDING NO. 20000131900006. SITUATE IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. \ GENE COULON PARK LOT 2 /'x.------------------------------- N LOT 3 LUA-99-134-SHPL LOT 4 NaLl:N PORTION OF FIRE MAIN EAS£6'EJ4T TO BE RELEASED - i / w N.T.S. LUA-98-176-LLA LOT C LUA-98-176-LLA LOT A 'N�, PORTION OF FIRE MAIN EASEMENT TO REMAIN O PAS VICINITY MAP Thomas Bros. Maps NW Y4 Section 8, T. 23 N., R. 5 E., W.M. MAP EXHIBIT R LEASE DF EASEMENT RE-02-001 CITY OF RENTON ,.APPLICATION FOR RELEASE OF EASEMENT IN THE CITY OF RENTON To the Honorable Mayor and Members of the City Council City of Renton 1055 S. Grady Way Renton, WA 98055 Dear Mayor and Council Members: Date DEC 0 3 2002 RECEIVED CITY CLERK'S OFFICE Circulated By: Building C at Southport, LLC (Owner) Address: c/o Seco Develoment, Inc. 10843 NE 8th Street, Bellevue, WA 98004 Telephone: (425) 688 3085 1 We, the undersigned properry owners abutting a certain portion of public easement, as. PUGE acquired from LIGHT CO. POWER & dated jU y 23, i 984 , and recorded under King County Recording Number 8407260401 , respectfully request the release.of said easement. That portion of the easement area to be released being more particularly described on the attached "Exhibit A". The undersigned each consent to such proposed easement release and warrants that the granting thereof will not adversely affect his vested rights as an abutting owner. signature signature Michael.P. Christ (425) 688-3085 print name YreGlclelit,SUPPeb iW—tKt ~�Zr printname. phone Building C at Southport, LLC (Owner _cJCGD('ivfdlh9S;L,LG 10843 NE 8th Street, Bellevue, WA 98004 MR VV►10tI"., • address address 082305-9055-05 property identification number property identification number Instructions: ' 1. Attach complete legal description (i.e. metes and bounds, etc.) 2. 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. Contract sellers must sign.) b) Print name and. phone number. c) List Property address and King County tax parcel identification number. 3. Attach a map to the petition designating the vacation boundaries. 4. Submit $100.00 filing fee with application. SUBMIT PETITION TO THE CITY CLERK, SEVENTH FLOOR, RENTON CITY HALL. If and when the City Council approves the vacation at a public hearing, payment of a post - hearing processing fee of $100.00 will be required. IlAformslesm rel.DOTl/99 Exhibit A Legal Description THAT PORTION OF THE FIRE MAIN EASEMENT DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 8467260401, RECORDS OF -RING COUNTY, WASHINGTON, LYING WITHIN LOT 3, CITY OF RENTON SHORT PLAT LUA-99-134 SHPL (SOUTHPORT SHORT PLAT), RECORDED UNDER KING COUNTY RECORDING NO. 20000131900006. H:\forms\esm_re1.D0T 1/99 Map Exhibit LOT 3 LUA-99-134-SHPL PORTION OF FIRE MAIN EASEMENT ♦`\ ; ate" TO BE RELEASED 1" c 100' LOT C LOT A PORTION OF FIRE MAIN♦\♦` �, EASEMENT TO REMAIN ♦♦ \ ♦ / ol ♦ lo, ♦`, i ,yI , H:\forms\esm rel.DOT1/99 RE o;'-00/ SECO DEVELOPMENT, INC. December 3, 2002 City of Renton — City Clerk 1055 South Grady Way Renton, WA 98055 Re: Southport Project Dear Sirs/Madam, 10843 NE 8T" ST #200 • BELLEVUE, WASHINGTON • 98004 TEL:425/688-3085 • FAX:425/637-1922 >1TY OF REN°TON DEC 0 3 2002 RECEIVED ffY CLERK'S OFFICE SECO DEVELOPMENT, I C. Dan Selin Development Manager 10843 N.E. 81h Street, Suite 200 Tel: (425) 688-3( Bellevue, WA 98004 Fax: (425) 637-15 www.secodev.com email: dselin®secodev.c On behalf of the site owner, we request your action and assistance in processing the attached release of easement for an abandoned fire main on Lot 3 of the Southport property. Enclosed is a completed application, map designating the vacation boundaries, and the $100 filing fee. If you have any questions, or need anything else, please let me know. I can be reached at; (425) 688- 3085, or my mobile (206) 949-0322. Sincerely, Dan SFin Development Manager Cc: Jan Illian - City of Renton, Development Services Lisa Collins - Seco Development FIRE MAIN EAS,_. ENT 84t07-26 #0401 1 RECD F 5.00 C ASHSL ****5. 00 �9 This indenture made this R3,1&1 day of ,22 between PUGET SOUND POWER & LIGHT COMPANY, eKWaVlngton corporation ("Grantor" herein), and CITY OF RENTON, a Municipal corporation ("Grantee" Herein)' WITNESSETH: That in consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, and performance by Grantee of the covenants hereinafter set forth, Grantor hereby grants unto Grantee an easement for the purpose of maintenance, testing and inspection• of a fire main with the necessary appurtenances ("Facility" her across and under the following property, situated in King Q'6aT Washington: See legal description attached as Exhibit "A" BY TNc OtV1Si6,N4Q_1 l:s & 4 cou►��i 1. Said Facility is an.underground pipe; it shall cons_ of single line of pipe not over 10 inches inside diameter, 3 fire hydrants and other appurtenances thereto. 2. Grantee agrees to save and hold Grantor harmless from all loss or damage which may be due to the exercise by Grantee of the right herein granted and from all claims for such damage by whomsoever made and to indemnify Grantor for all such loss, damage and claims, except damage caused by Grantor. 3.. Grantor reserves the right to use said land for its own purposes.in any way and to grant rights -in said land to others, not inconsistent with the right herein granted to Grantee, subject to the following: A. No storage or buildings are allowed within the area described in Exhibit "A"; B. no power lines can be buried parallel to and within five (5) feet of the centerline of the Facility; and any other utilities that are.buried.parallel to and within five (5) feet of the centerline of said Facility that are damaged during Grantee's routine maintenance, testing ( and inspection of said Facility shall.be repaired or -replaced at the Grantor's expense. Grantor agrees to r save and hold Grantee harmless from all loss or damage to said other utilities which may occur as.a result.o.f Grantee performing such routine maintenance, testing p= and inspection of said Facility. Prior to any digging performed by Grantee within -the area described in Exhibit U "A", Grantee shall notify and cooperate with .Grantor .in the coordination of its activities with those of Grantor to minimize conflicts, insure protection to.each party's facilities, prevent hazardous conditions, or minimize interruption of Grantor's operations. 4. The right hereby granted shall cease and terminate whenever Grantee shall have permanently abandoned the use of said Facility. 5. Grantee, its successors or assigns, shall have the right, upon a minimum of one (1) business day's prior notice, at such times as may be necessary to enter upon said above described property for the purpose of routine maintenance, testing and inspection of said Facility, provided, that such maintenance, testing and inspection of said Facility shall be accomplished in such a manner that disturbance to the existing private improvements and private property shall be minimized. Notwithstanding the foregoing, in the event of any emergency requiring immediate access to the Facility by the Grantee, Grantee nitia/ may take such action upon such notice to Grantor as is reasonable \s under the. circumstances. it - �,f FIRE MAIN EASEMENT PUGET SOUND POWER & LIGHT COMPANY, Grantor CITY OF RENTON Grantee In the event said improvements or property are disturbed, they will be replaced in as good a condition as they ere immediately before the property was entered upon bye Grae. 6. Grantor reserves the right to relocate said Facility., provided said relocation conforms to the Grantee's Fire Protection and Utilities Department requirements. 7. Grantee shall not block or impair access to Grantor's remaining property at any time, of which said Facility is a portion, or interrupt Grantor's business. 8. This easement shall be a covenant running with the land and shall be binding on the successors, heirs, and assigns of both parties hereto. Accepted by: CITY OF RENTON PUGET SOUND POWER & LIGHT COMPANY By . {�pn)p4hsil , • J'VI cr1()O CON . By : 1� �� Director Real Estate Its Mayor Attest: City Clerk STATE OF WASHINGTON ) SS. COUNTY OF ) y D�� 1983 Wm: K. Arthur �9% On this day of , before me, the undersigned, to me known to be the Director Real Estate of PUGET SOUND POWER & LIGHT COMPANY. the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and yyear first written. \ � h• Notary Public in a for the State of Washington, residing at A*1- EXHIBIT "A" A strip of land 15 feet in width having 7.5 feet of such width on each side of the following described centerline: Commencing at the Meander corner on the North line of the North- west quarter of Section 8, Township 23 North Range 5 East, W.M., in the City of Renton, Bing County, Washington; thence North 88050112" West along an extension of said North line of said Northwest quarter of Section 8,. a distance of 813.99 feet to the True Point of Beginning; thence South 43008108" East, a distance of 10.22 feet to a point hereinafter designated Point "A"; thence continuing South 43008108" East a distance of 219.33 feet to.a point hereinafter designated Point"B"; thence continuing South 43008108" East, a distance of 39.64 feet; thence South.20°38'10" East, a distance of 252.80 feet; thence South 43°08108"East a distance of 52.63 feet to a point hereinafter designated Point "C"; thence continuing South 43°08'08" East, a distance of 257.56 feet to the terminus of the centerline. LESS that portion of said described easement O lying within the 100 foot right of way of the Burlington Northern Railroad. OV' TOGETHER WITH a strip of land 15 feet in width having 7.5 feet of such width on each side of the following described centerline: Beginning at Point "A" as mentioned in the above description; thence South 46051152" West,.a distance of 17.25 feet to the terminus of the centerline. AND TOGETHER WITH a strip of land 15 feet in width having 7.5 feet of such width on each side of the following:described centerline: Beginning at Point "B" as mentioned in the above description; thence.South 46°51'52" West, a distance of 39.84 feet to the terminus of the..centerline. AND TOGETHER WITH a strip of land 15 feet in width having 7.5. feet of such width on each side of the following described centerline: Beginning at Point "C" as mentioned in the above description; thence South 46*51152" West, a distance of 363.90 feet, thence South 43008108" East, a distance of 18.52 feet to the terminus of the centerline. CITY OF RENTON COUNCIL AGENDA BILL .,UBMITTING DATA: Dept/Div/Board..... Community Services / Facilities Staff Contact........ Tracy Coleman (6623) SUBJECT: Final Pay Estimate Parking Garage Signage CK Doty & Associates of Wa, Inc. File No. CAG-02-189 EXHIBITS: • Final Pay Estimate ( No. 4) • Notice of Completion of Public Works Contract FOR AGENDA OF: October 13, 2003 AGENDA STATUS: Consent ................................. XX Public Hearing ....................... Correspondence .................... Ordinance .............................. Resolution ............................. Old Business ......................... New Business ....................... Study Session ....................... RECOMMENDED ACTION: APPROVALS: Council Concur Legal Dept .................. Finance Dept .............. Other.......................... FISCAL IMPACT: Expenditure Required ............. $652.80 (final pay est. only) Transfer/Amendment ....... Amount Budgeted .................. $98,096.33 Revenue Generated ......... SUMMARY OF ACTION: The Community Services Department submits CAG-02-189, Parking Garage Signage, for final pay estimate and release of retainage. The project started on October 30, 2002 and was completed on September 18, 2003. The contractor, CK Doty & Associates of WA fulfilled the terms of their contract by providing all material and labor necessary to perform the work as outlined in their contract. RECOMMENDED ACTION: Staff recommends approval of the project, authorization for final pay estimate in the amount of $652.80, commencement of the 60-day lien period, and release of the retained amount of $4,622.22 to CK Doty & Associates of WA, Inc., contractor, once all required releases are obtained. rev. 8/13/93 AB -Final P1Coleman-signs DATE: TO: ')M. GUNTRACTOR: PROJECT NAME: CONTRACT NO.: Finance Director Facilities Director CK Doty & Associates Renton Parking Garage - Signage CAG-02-189 ESTIMATE NO. 4 1. CONTRACTOR EARNINGS THIS ESTIMATE $600.00 2. SALES TAX @ 8.8% $52.80 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $652.80 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $87,252.02 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $570.00 6. SUBTOTAL - CONTRACTOR PAYMENT $87,822.02 7. RETAINAGE ON PREVIOUS EARNINGS $4,592.22 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $30.00 9. SUBTOTAL - RETAINAGE $4,622.22 10. SALES TAX PREVIOUSLY PAID $5,599.29 SALES TAX DUE THIS ESTIMATE $52.80 SUBTOTAL $5,652.09 * (95% x Line 1) ** (RETAINAGE @ 5%) GRAND TOTAL $98,096.33 FINANCE DEPARTMENT ACTION PAYMENT TO CONTRACTOR (LINES 5 AND 11) No. 4 $622.80 301.000000.020.5940.0073.62.000004 RETAINED AMOUNT (LINE 8) No. 4 $30.00 301.000000.020.5940.0073.62.000004 TOTAL THIS ESTIMATE: CHARTER 116, LAWS OF 1965 I, THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY, THAT THE MATERIALS HAVE BEEN FURNISHED, THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN, AND THAT THE CLAIM IS A JUST, DUE AND UNPAID 3ATION AGAINST THE CITY OF RENTON, AND I AM AUTHORIZED TO AUTHENTICATE AND CtrtTIFY TO SAID CLAIM. SIGNED: $652.80 Estimate #4 Finance Payment Form-CK Doty STATE State of Washington O� 04 Department of Revenue 9 Audit Procedures & Administration In v PO Box 47474 9� iaas ao Olympia, Washington 98504-7474 Reg.No.: Date: NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To 1055 South Grady Way Renton, WA 98055-2132 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract Provide signage for the down town parking garage. Contractor's Name CK Doty & Associates of WA, Inc. Phone No. 206-441-9301 Contractor's Address 2230 1st Avenue South, Seattle, WA 98134 Date Work Commenced October 30, 2003 Date Work Completed September 22, 2003 Date Work Accepted September 22, 2003 Surety or Bonding Co. Agent's Address Contract Amount: Additions or Reductions Sales Tax: Total $67,865.44 $22,296.63 $7,934.26 $98,096.33 Phone No: Amount Disbursed: $93,474.11 Amount Retained: $4,622.22 Total: $98,096.33 (Disbursing Officer) The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504- 7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. FORM REV 31 0020 (12-92) Doty Notice of Completion r ` CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Community Services/Parks Division Staff contact...... Jon Jainga Capital Project Coordinator (ext. 6602) Subject: Acceptance of Project and Release of Retainage Veterans Memorial Park Athletic Fields, Inc. File No. CAG-02-193 Exhibits: Notice of Completion of Public Works Contract For Agenda of: October 13, 2003 Agenda Status Consent .............. X Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Council Concur Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $9,248.22 Transfer/Amendment....... Amount Budgeted.......... $201,241.10 Revenue Generated......... Total Project Budget $389,000.00 City Share Total Project.. SUMMARY OF ACTION: The Community Services Department submits CAG-02-193, Veterans Memorial Park, for release of retainage. The original contract amount was $195,731.20. The project had $5,509.90 in change orders. The final contract amount, including tax, was $241,241.10, which includes $9,248.22 in retainage. The contractor completed the project in accordance with contract documents. STAFF RECOMMENDATION: Staff recommends approval of the project, commencement of the 60-day lien period, and release of the retained amount of $9,248.22 to Athletic Fields, Inc., once all required releases are obtained. 2003-210aa 1 4, State of Washington /�_ Department of Revenue PO Box 47474 REVENUE Olympia WA 98504-7474 Contractor's Registration No. (UBI No.) Date NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From City of Renton Tracy Schuld 1055 S. Grady Way Renton, WA 98055 Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number Veterans Memorial Park CAG-02-193 Contractor's Name Telephone Number Athletic Fields, Inc. 425-917-0758 Contractor's Address 31620 SE May Valley Road, Issaquah, WA 98027 Date Work Commenced Date Work Completed Date Work Accepted 2/4/03 5/26/03 9/26/03 Surety or Bonding Company Traveler's .)ent's Address One Tower Square, 13 CZ, Hartford, CT 06182 Contract Amount Additions Reductions $ 179,900.00 $ + 5,064.25 $ — 0.00 Sub -Total $ 184,964.25 Amount of Sales Tax Paid at 8.8 % $ 16,276.85 (If various rates apply, please send a breakdown) TOTAL $ 201,241.10 Comments: Liquidated Damages $ 0.00 Amount Disbursed $ 191,992.89 Amount Retained $ 9,248.22 TOTAL $ 201,241.11 Signature Type or Print Name Tracy Schuld Phone Number 425-430-6918 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO YMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in .zordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TTY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e (6-27-01) I I CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board.. HEARING EXAMINER Staff Contact... Fred J. Kaufman, ext. 6515 SUBJECT: Honey Creek Estates II Preliminary Plat File No. LUA-03-001 PP, ECF EXHIBITS: Hearing Examiner's Report and Recommendation RECOMMENDED ACTION: Council Concur FISCAL IMPACT: N/A Expenditure Required... Amount Budgeted........ OF A FOR AGENDA OF: October 13, 2003 AGENDA STATUS: Consent ......... XX Public Hearing.. Correspondence.. Ordinance....... Resolution...... Old Business.... New Business.... Study -Session... Other........... APPROVALS: Legal Dept...... Finance Dept.... Other........... Transfer/Amendment.. Revenue Generated... The Hearing Examiner's Report and Recommendation on the Honey Creek Estates II Preliminary Plat was published on April 1, 2003. There were no requests for reconsideration and the appeal period ended on April 15, 2003. The Examiner recommends approval of the proposed Honey Creek Estates II Preliminary Plat, subject to the conditions outlined on pages 7 and 8 of the Examiner's Report and Recommendation. STAFF RECOMMENDATION: Staff recommends approval of the Honey Creek Estates II Preliminary Plat project. April 1, 2003 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPLICANT: Richard Miller 1100 Hoquiam Ave. NE Renton, WA 98059 Honey Creek Estates II Preliminary Plat File No: LUA-03-001,PP,ECF LOCATION: West side of Hoquiam Avenue NE at the 1100 Block SUMMARY OF REQUEST: Subdivide a 4.65-acre property into 16 lots for the construction of detached single-family homes. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on March 1 1, 2003. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the March 18, 2003 hearing. The legal record is recorded on tape. The hearing opened on Tuesday, March 18, 2003, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Neighborhood Detail Map Exhibit No. 3: Preliminary Plat Plan Exhibit No. 4: Conceptual Road & Drainage Plan Exhibit No. 5: Zoning Map Honey Creek Estates II Preliminary Plat ' File No.: LUA-03-001,PP,ECF April 1, 2003 Page 2 The hearing opened with a presentation of the staff report by Susan Fiala, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project is located east of Hoquiam Avenue NE at approximately the 1100 block. Hazen High School is located to the west of the site. The project is also surrounded by King County. The 4.65 acres site is made up of two parcels and is split zoning. The parcel to the west is Residential — 8 (R-8) rhyp ing vn;ts.,,Pr.:ar.,P and the mme.l.to the.enst..is Residential — S (R-5) dwelline_units.ner acre. The.aonlicant is proposing to subdivide the site into 16 lots. In the R-5 parcel Honey Creek runs through the eastern portion of the parcel. The site is currently developed with a single family home located on the west parcel which is zoned R-8. The site has been used as a landscape supply company and a plant nursery for approximately the last 20 years. The eastern parcel consists of Honey Creek and a wetland classified as Category U. A 50-foot wetland buffer has been delineated on the plan. There are four lots and a detention pond proposed for that portion of the site. The Environmental Review Committee (ERC) issued a Determination of Non -Significance — Mitigated (DNS- M) for the project. There were 15 mitigation measures and the applicant requested a reconsideration of two of the mitigation measures. The ERC met again and approved the reconsideration. There were no appeals filed. The 14 mitigation measures placed on the plat included those related to structural fill, an additional 15-foot setback from the 50-foot wetland buffer, erosion control measures, the wetland buffer, use of the 1998 King County Surface Water manual, and mitigation fees for Fire, Traffic and Parks. The west parcel lies within the Residential Single Family (RSF) Comprehensive Plan designation and the eastern parcel is within the Residential Rural (RR) designation. The R-8 portion of the site has a net density of 6.45 dwelling units per acre, which is in compliance. In the R-5 portion of the site the net density is 1.97 dwelling units per acre which is in the allowed range. All Jots meet minimum lot dimension standards and size requirements in both the R-5 and R-8 zones..All lots also meet all front, side and rear yard setback requirements. Lot 13, the southwest most lot and lot 16 the northern most are within 150 feet of the public road for emergency vehicle access. Every lot that is beyond 500 feet from Hoquiam Avenue will need to be sprinklered. This would include approximately lots 12 through 16 maybe lots 10 and 11 depending on the final configuration. Both the R-8 and R-5 zone permit one single family structure per lot and accessory structures are permitted at the maximum of two at 720 square feet each or one at 1,000 square feet. The existing site has two structures a single-family residence and a shop. Both structures are proposed to be demolished; therefore staff recommends as a condition of the plat that a demolition permit be obtained and that all existing structures be removed prior to recording of the final plat. Both the R-5 and R-8 zoning designations limited structural height to two stories and 30 feet for the primary structure and 15 feet for the detached accessory structure. The project does comply with all of the subdivision regulations. The project will be accessed from Hoquiam Avenue NE as it is located in the City of Renton. From Hoquiam Avenue NE the site is accessed via new half street improvements to I Ph Court. It terminates in a cul-de-sac and Honey Creek Estates II Preliminary Plat File No.: LUA-03-001,PP,ECF April 1, 2003 Page 3 is extended into a private street that accesses lots 13, 14, 15 and 16. The total length of the street is 699 feet which is right below the 700 foot threshold that would require secondary emergency access. The private street needs to be labeled as an access easement and designed to provide the required turning radii for fire lanes, which are 45 feet outside and 25 on the inside. The plat plan does not show the radii. The conceptual road and drainage plan gives a better indication of the radii; however they are not clearly defined. The properties immediately north of the site are located in King County and currently they are not proposed for any annexation into the City. At some point in time NE I Ph Court the other half street improvements would be made to make it a full 50-foot right-of-way; however at this time since they are in King County staff is looking at trying to address buffering issues as well as the amount of traffic using the street. Staff recommends that a six-foot high solid fence be placed along the northern property line of the R-8. parcel to provide some buffering to the adjacent properties to the north. If it is annexed and developed then the fence would be removed in order to accommodate the other half street improvements. Another condition staff recommends, as a condition of plat approval is to install signs stating "no parking" to be placed on both sides of the public street and the private access easement and to insure that all addresses are to be visible from the public street so that emergency vehicles can see where those addresses are located easily. Staff recommends the establishment of a homeowner's association or maintenance agreement for all common improvements. The west parcel is basically flat with minimal to no slope. The east parcel contains slope up to 39 percent, which are considered sensitive slopes, and is located in the high erosion hazard area as identified in the City's critical areas maps. The applicant prepared a slope analysis to ensure that there are no protected slopes, which are 40 percent or greater. The east parcel is considered a hillside subdivision, as the average slope is greater or equal to 20 percent. The project complies with the requirements of a hillside subdivision. Police and Fire indicate that there are sufficient resources to furnish the services to the proposed developments. There will be a Fire Mitigation Fee placed on the project by the ERC. A Parks Mitigation Fee is being imposed on the project. The Renton School District and the Issaquah School District split the property down the parcel line in between the two zones. The Issaquah School District has an Impact Mitigation Fee, which will be placed on the four lots involved. A condition was imposed by the ERC stating that the applicant needs to design the project according to the 1998 King County Surface Water Design Manual for water quality treatment and detention. Surface water development charges are applicable to this project. Water is not served by the City of Renton it is served by King County Water District 490. A certificate of water availability has been submitted by the applicant and there is water available. Staff recommends approval of the plat subject to six conditions. Jim Hanson, Hanson Consulting, 17446 Mallard Cove Lane, Mt. Vernon, WA 98274 stated that in regard to "no parking" on the half street it does not show up as one of the recommendations in the staff report. NE I Ph Court is being constructed according to City Code as a half street but in reality it is more like two-thirds or Honey Creek Estates 11 Preliminary Plat File No.: LUA-03-001,PP,ECF April 1, 2003 Page 4 three-quarters of a street. He believes it has 28 feet of paving which would allow parking on one side preferably the south side since it will have the formal curb and gutter. Mr. Hanson added that in response to concerns regarding removing all the trees in Tract A, they do not intend to remove trees located in buffer areas and only the trees where the wet pond will be constructed will be removed. ThP City k rPcnromenrtinv-n .fenre alnnu_the.north nronertv line until such time the. other nortion of the half. street is constructed. The fence would be on City right-of-way and the City would be responsible for making sure it stayed there. Lot 12 does contain some slope on the easterly edge but lot 12 is considerably larger then the other in the zone and was intentionally made larger to accommodate the slope. James Jaeger, Jaeger Engineering, 9419 S. 204'h Place, Kent, WA 98031 stated that the detention pond is located in tract A which is also the upstream area of Honey Creek. They will be discharging directly to the east, into Honey Creek, which is the upstream portion of the creek. The wetlands are associated with the creek so they are recharged by the creek itself. By discharging into the creek at the upstream point within the plat they will be putting the hydrology back into the creek and it will distribute it throughout the wetland area. The elevation of NE l 1 `" Court is basically predetermined by the elevation of the sanitary sewer that will service the lots. Bernie Querin, 23410 160`h Avenue SE, Kent WA 98031 stated that he owns the property to the north of the site. He is concerned with the half street because the elevation is higher then his property and inquired as to how it is going to be prevented from eroding onto his property. He is also concerned with who will maintain the fence. Kayren Kittrick, Development Services, 1055 S Grady Way, Renton, WA 98055 stated that no parking on the north side of the half street would be typical. In regard to Tract A, the current trend on the face of the plat will require language stating the Tract A is in common ownership to the entire plat. The final elevation of the roadway is not clear at this time. But there would be no intrusion onto the neighbors' property. Mr. Hanson added that there was much discussion with the Fire Department in order to achieve a reasonable building site on lot 16. If the road were to increase, the other lot dimensions would have to change in order to get Fire Department approval. Ms. Fiala clarified how the length of the road is measured. It is measured from the back of curb or edge of pavement to the furthest point of the dead-end street. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:00 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: Honey Creek Estates II Preliminary Plat File No.: LUA-03-001,PP,ECF April 1, 2003 Page 5 Findings: The applicant, Richard Miller, filed a request for approval of a 16-lot Preliminary Plat together with one tract. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Declaration of Non -Significance - Mitigated (DNS-M) for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at 1100 Hoquiam Avenue NE. The subject site is located on the east side of Hoquiam across the street from Hazen High School. 6. An existing single family home is located near the western end of the site and Honey Creek flows through the east portion of the subject site. The existing home and shop would be removed if the plat were approved. The subject site is approximately 4.65 acres or 202,603 square feet in area. The parcel is L-shaped and consists of two lots. The western, narrower lot is approximately 160 wide (along Hoquiam) and 631 feet deep and is 2.38 acres. The second lot is 329 wide (north to south) by approximately 300 deep and is 2.27 acres. The entire parcel is 931 feet deep. Honey Creek cuts a diagonal from the northwest corner to the southeast corner of the eastern parcel. The two parcels have different zoning. The western parcel unencumbered by the creek is zoned R-8 (Single family, 8 dwelling units/acre). The eastern parcel containing the creek is zoned R-5 (Single family, rural residential, 5 dwelling units/acre). 9. Honey Creek has associated wetlands that require a 50-foot setback. This setback will affect the property on the western side of the creek and limit the developable acreage. The portion of the property east of the creek will not be developed. 10. The western parcel is relatively flat with the exception of its very eastern margin. The eastern parcel has slopes that range up to 39%. These slopes are classified as sensitive slopes and the City's Critical Areas Maps show them as susceptible to high erosion hazard. An engineering geotechnical report suggested that the proposed lots in the eastern parcel maintain a 15-foot setback from the required 50 foot wetland buffer because of the erosion hazards. The ERC imposed this as a condition. 11. The subject site was annexed to the City with the adoption of Ordinance 4819 enacted in December 1999. 12. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single family uses. The eastern lot is limited to rural residential uses while the western parcel is permitted urban density single family uses. 13. The applicant proposes dividing the subject site into 16 lots for the development of detached single family uses. There would be 12 lots on the R-8 western lot, and 4 lots on the R-5 parcel. The 12 lots, Proposed Lots 1 through 12, would be aligned west to east and would be located on the south side of a Honey Creek Estates II Preliminary Plat File No.: LUA-03-001,PP,ECF April 1, 2003 Page 6 new half -street that ends in a half cul-de-sac. The net density for the R-8 parcel after subtracting the road right-of-way would be 6.45 dwelling units per acre. 14. The remaining four lots, Proposed Lots 13 through 16, would be aligned south to north on the west side of Honey Creek. Access to these four lots would be via a T-shaped private street that begins at the eastern end of the new cul-de-sac. This private street would be 26 feet wide with 20 feet of paving. It would provide a hammerhead turnaround for emergency access. The densityfor the R-5 property would be 1.97 units per acre. 15. Staff has recommended that Proposed Lot 13 provide its front yard along the north side of the lot to match those of Proposed Lots l through 12. Staff further recommended that Proposed Lots 14, 15 and 16 have their front yards oriented to the west. 16. The R-8 zone requires lots to provide 20 foot front and rear yards although lots located along new streets may have a 15 foot front setback. Corner lots require a 15 foot streetside setback and 5 feet otherwise. Proposed Lot 1 would require a 15 foot sideyard along Hoquiam. The R-5 zone requires lots to provide 15 foot front yard and 25 foot rear yard. It requires a 5 foot sideyard. Staff asked for yard delineations in order to assess emergency access distances which require that the furthest corner be within 150 feet of an extended fire hose. It was noted that the lot lines may be able to be shifted to accommodate fire regulations for access and hose distances. 17. The new road will be a "half -street." In order to provide full emergency access a half -street is actually wider and will be 35 feet wide with 28 feet of paving along with sidewalks. It will be 699 feet long, which is 1 foot (One Foot) shorter than permitted for a sole access. 18. The private street may need to be adjusted to provide the proper turning radius and it may need to be shifted slightly to the south to accommodate the radius and also to meet the 150 foot "fire hose" limitation. 19. Tract A would be a storm drainage parcel located east of Proposed Lot 13. It would release water to recharge the wetlands and Honey Creek. It would be built just west of the required 50 foot wetland buffer. 20. The proposed lots range in size from 5,430 square feet to approximately 26,552 square feet. Tract A would be 29,442 square feet. 21. Proposed Lot 13 would be the smallest and most constrained of the R-5 lots. It would be approximately 7,273 square feet. It is also oddly shaped but staff believed that it could support a reasonable single family home. The other R-5 lots, Proposed Lots 14, 15, and 16, will straddle the creek but will be required to maintain a 15 foot setback from the western edge of the wetland buffer. They appear to have reasonable development potential. 22. The western 12 lots would be located in the Renton School District while the four eastern lots would be in the Issaquah School District. The development would generate approximately seven or eight school age children. The City does collect a school impact fee for the Issaquah School District of $2,937.00 for each new home, in this case four homes. 23. Utilities will be provided by the City in the case of sanitary sewer and by Water District 90 for domestic drinking water. The applicant has a letter showing water service will be available. Water flow will have to meet City requirements for fire emergencies. Honey Creek Estates II Preliminary Plat File No.: LUA-03-001,PP,ECF April 1, 2003 Page 7 24. The development of a half -street immediately adjacent to single family zoned property requires careful screening and engineering work. The half street will need to be screened so that undue impacts are not solely borne by the adjacent property. Staff has recommended a fence be installed. Conclusions: The proposed plat appears to serve the public use and interest. The plat contains Honey Creek and its associated wetlands as well as the sensitive slopes adjacent to the creek. It appears that the applicant will be both protecting and preserving the creek, wetlands and the slopes. The protection of those areas is compatible with both the zoning and Comprehensive Plan which designate the eastern portion of the site for rural residential uses. 2. The applicant will be containing storm water to avoid erosion of the steep slopes and will release it to recharge the wetlands and creek. 3. Adequate urban services will be able to accommodate the proposed development and impacts fees including one for schools, will offset the development's impacts on the community. The development of the tract will increase urban noise and introduce additional traffic but such impacts were anticipated by the adopted zoning and Comprehensive Plan policies. 4. The development of this split zoned site will provide both more urban and more rural lots widening the choices for housing for new residents. Some of the homes will enjoy creekside amenities. 5. The development of the subject site will increase the tax base of the City. 6. The proposed densities of 6.45 units per acre and 1.97 units per acre for the respective R-8 and R-5 zones meets the Zoning Code and Comprehensive Plan objectives. 7. In order to provide an orderly development pattern and consistent street appearance and uniform setback, the recommendations of staff for front yard locations for Proposed Lots 13 through 16 should be adopted. The City, applicant and neighbor to the north will have to work together to provide an orderly development of the half -street and fence and determine maintenance responsibilities. No encroachment of the northerly property can occur without permission of that property owner. 9. In conclusion, the proposed preliminary plat should be approved by the City Council subject to the conditions enumerated below. Recommendations: The Preliminary Plat is approved subject to the following conditions: l . The applicant shall place a note on the final plat mylar stating that the front yard of Lot 13 shall face north toward the private street and the front yards of Lots 14 through 16 shall face to the west. 2. The applicant shall obtain a demolition permit and complete all inspections and approvals for demolition of the single family residence and all outbuildings (shop) located on the property. The satisfaction of this requirement is subject to the review and approval of the Development Services Honey Creek Estates II Preliminary Plat File No.: LUA-03-001,PP,ECF April 1, 2003 Page 8 Project Manager prior to the recording of the final plat. 3. The applicant shall install a six (6) foot high solid fence along the north property line of the R-8 zoned parcel. The fence shall remain until such time that the adjacent parcels to the north are developed and the remaining half street improvements to NE I Ilb Court are constructed. This shall be noted on the face of the final plat. 4. The applicant shall be required to install a "Private Road" sign with addresses being served from the private access easement at the intersection of the public road and the private street. The sign shall be installed at the time of building construction. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. 6. The applicant shall pay the appropriate Issaquah School District Mitigation Fee based on $2,937.00 per new single family lot (total of four new lots). The fee shall be paid prior to building permit approval. 7. The applicant shall incorporate language acceptable to the City Attorney limiting the use of Tract A to serving for storm water detention and open space and precluding the development of the parcel with a residence. 3. The applicant shall comply with the conditions imposed by the ERC. ORDERED THIS I" day of April, 2003. FRED J. KAUF iWq HEARING E MINER TRANSMITTED THIS l 5' day of April, 2003 to the parties of record: Susan Fiala 1055 S Grady Way Renton, WA 98055 Richard Miller 1100 Hoquiam Avenue NE Renton, WA 98059 Jim Hanson Hanson Consulting 17446 Mallard Cove Ln Mt. Vernon, WA 98274 Honey Creek Estates 1I Preliminary Plat File No.: LUA-03-OO1,PP,ECF April 1, 2003 Page 9 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 James Jaeger Jaeger Engineering 9419 S. 204`h Place Kent, WA 98031 TRANSMITTED THIS I" day of April, 2003 to the following: Mayor Jesse Tanner Members, Renton Planning Commission Larry Rude, Fire Marshal Lawrence J. Warren, City Attorney Transportation Systems Division Utilities System Division South County Journal Bernie Querin 23410 160'h Ave SE Kent, WA 98031 Gregg Zimmerman, Plan/Bldg/PW Admin. Neil Watts, Development Services Director Alex Pietsch, Econ. Dev. Administrator Larry Meckling, Building Official Jay Covington, Chief Administrative Officer Councilperson Kathy Keolker-Wheeler Pursuant to Title IV, Chapter 8, Section 1 OOGof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., April 15, 2003. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be riled in writing on or before 5.00 p.m., April 15, 2003 If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. Project Location: West side of Hoquiam Avenue NE at the 1100 block. tj Field Ave. SE -I- • _ ^p 03 C ll0 -�-I C6 fir. Av6 HE 142nd Ave. SE L '' - ~--� r. Ho uiam Ave. 'NE I 142nd CO 71 i . � /v �' j N R-8 00 i W zRH tTY,' yMl w i I � I � C 146th Ave. o-3 1 . L ---- �% iL N m Z+ I 1 .1 th Ave. SE �_ ...... I ---- - �----_ -J L I� A PORTION of the N.E. 1/4, SECTION 10, TOWNSHIP 23 N., RANGE 5 E., W.M. n9. ua m • oacnm� >w« r R me sarc� a■ritn c,■r ,,.q 1 �: �- �r tam w�i.��.:. -w■e I TYPICAL CROSS SECTION SIDEWALK. CURB AND GUTTER, ASPHALT WIDENING HOQUTAM AVE. NE XINC COUNIY TAX PARCEL J"900-0/60 o f \ I \� I'I\�\\• \ 1, \��'1 N 7 \ 1 � c0 \ �\ Z J 71) � o COMBINED DETENTION PONO AND K7POND Xwo odMY LOU l armwn I Pw; iarc 9pM1' MSC R1,PO w oT evaa a:. ,X AWI . SM F 0 Z l e W; LLI $ ; Za3�n W� � � 2 W q Y ! 4 0 W Q 7 MI 1 .eiwte G.Mu }10) F ' u.4 7.4 290[ 9. OCTP'IIUV ,DLwK b1Tl Rv-= JIM! ? Ir Ir,'Rm SITE ADDRESS $y _ X : r,eoe o nro.ar9 H 1100 HOQUTAM AVE. NE _ GWMc sc= f tins �, - 1.. w City of Renton PUBLIC Department of Planning / Building / Public Works HEARING PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARYAND PURPOSE OF REQUEST. Public Hearing Date: March 18, 2003 Project Name:. Honey Creek Estates II Preliminary Plat Owner/Applicant Richard Miller 1100 Hoquiam Ave. NE Renton, WA 98059 Address: Contact Address: Jim Hanson Hanson Consulting 17446 Mallard Cove LN Mt. Vernon, WA 98274 File Number: LUA-03-001, PP, ECF Project Manager: Susan Fiala, AICP Project Description: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for a 16 lot subdivision of a two -parcel, 4.65 acre site. The 2.38 acre parcel to be subdivided into 12 lots is located within the Residential - 8 (R-8) zoning designation. The 2.27 acre parcel to be subdivided into four (4) lots is located within the Residential — 5 (R-5) zoning designation. The proposed lots are intended for the eventual development of detached single family homes — lots ranging in :size from 5,430 square feet to 26,552 square feet. The existing residence and shop are proposed to be demolished. Access is proposed via a new half -street, NE 111h Court, that extends east from Hoquiam Avenue NE and terminates in a cul-de-sac. From the cul-de-sac, a private street would provide access to the four easternmost lots of the subdivision. Tract A would be a detention/wetpond. Honey Creek and an associated wetland, with a 50 foot buffer, are located on the eastern parcel. Project Location: West side of Hoquiam Avenue NE at the 1100 block. City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner HONEY CREEK ESTATES 11 PRELIMINARY PLAT LUA-03-001,'PP, ECF PUBLIC HEARING DATE: MARCH 18, 2003 Page 2 o/ 11 B. HEARING EXHIBITS: Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project. Exhibit 2: Neighborhood Detail Map (dated 01/06/03) Exhibit 3: Preliminary Plat Plan (dated 01/06/03) Exhibit 4: Conceptual Road and Drainage Plan (dated 03/11/03) Exhibit 5: Zoning Map: Sheet E6 East (dated 03/15/02) C. GENERAL INFORMATION: 1. Owner of Record: Richard Miller 1100 Hoquiam Ave. NE Renton, WA 98059 2. Zoning Designation: Residential — 8 Dwelling Units per Acre (R-8) and Residential — 5 Dwelling Units per Acre (R-5) 3. Comprehensive Plan Residential Single Family (RSF) and Residential Rural (RR) Land Use Designation: 4. Existing Site Use: Presently developed with a single family home and a shop (outbuilding) proposed to be demolished. 5. Neighborhood Characteristics: North: Single family residential; King County zoning East: Single family residential; King County zoning South: Single family residential (existing & proposed new plats); R-8 zoning West: Hazen High School, Renton School District; R-8 zoning 6. Access: New 35 ft. wide (half -street improvement to new NE 111' Court ) City of Renton public street via Hoquiam Avenue NE and a private access easement. 7. Site Area: 4.65 acres (202,603 square feet — gross area) 8. Project Data: Area Comments Existing Building Area: 3,633 sf Existing structures to be demolished New Building Area: N/A N/A Total Building Area: N/A N/A D. HISTORICAUBACKGROUND: Action Land Use File No. Ordinance No. Date Annexation N/A 4819 12/06/1999 Comprehensive Plan N/A 4498 02/20/1995 Zoning N/A 4820 12/15/1999 hexrpt_HoneyCRK.doc City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner HONEY CREEK ESTATES 11 PRELIMINARY PLAT LUA-03-001, PP, ECF PUBLIC HEARING DATE. MARCH 18, 2003 Page 3 of 11 E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations Section 4-4-060: Grading, Excavation and Mining Regulations Section 4-4-080: Parking, Loading and Driveway Regulations Section 4-4-130: Tree Cutting and Land Clearing Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-050: General Outline of Subdivision, Short Plat and Lot Line Adjustment Procedures Section 4-7-080: Detailed Procedures for Subdivision Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards Section 4-7-150: Streets — General Requirements and Minimum Standards Section 4-7-160: Residential Blocks — General Requirements and Minimum Standards Section 4-7-170: Residential Lots — General Requirements and Minimum Standards Section 4-7-220: Hillside Subdivisions 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: Residential Single Family and Residential Rural objectives and policies; Residential Streets objectives and policies; Subdivision of Land objectives and policies. 2. Housing Element Environmental Element G. DEPARTMENT ANALYSIS: PROJECT DESCRIPTION/BACKGROUND The applicant has proposed to subdivide a 4.65 - acre site into 16 lots intended for detached single family homes. The site consists of two parcels. The west parcel is zoned R-8 and the east parcel is zoned R-5. A detention/wetpond is proposed to be located on Tract A within the subdivision. The site is currently developed with a single family residence and a shop. The site has been used as a retail, landscape supply company and plant nursery for the past twenty years. The residential structure and associated detached accessory structure (a shop) would be removed. A geotechnical report was submitted and indicated that existing soils are not suitable for the construction of single family homes. The Environmental Review Committee placed several mitigation measures on the project to address erosion, fill and setbacks. A wetland delineation report was submitted and stated that a Category 2 wetland, associated with the riparian corridor of Honey Creek, is located on the east parcel. The creek, wetland and a 50 foot buffer are delineated on the plat. hexrpt_HoneyCRK.doc City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner HONEY CREEK ESTATES it PRELIMINARY PLAT LUA-03-001, PP, ECF PUBLIC HEARING DATE: MARCH 18, 2003 Page 4 of 11 The east parcel, zoned R-5, has an average slope of 20% and is considered a hillsic' subdivision. The west parcel gently slopes from west to east. Steeper grades are found within th proposed private street and new Lot 12. The proposed lots would range from 5,430 square feet to 26,522 square feet in size. The project includes the installation of utilities and the dedication of a public right-of-way. Approximately 20,980 square feet of the site area is identified as street right-of-way dedication (NE 11`h Court) to the City of Renton. The private street covers 4,049 square feet of the site and the Category 2 wetland covers 8,039 square feet. The right-of-way dedication, private access easement and wetland/stream would make the net area of the site as 3.89 net acres. The density would be 6.45 duiacre for the R-8 parcel and 1.9t du/acre for the R-5 parcel. Access would be via new NE 111h Court extending east from Hoquiam Avenue NE and from a 26 foot wide private access easement that extends east from the cul-de-sac of NE 11`h Court. 2. ENVIRONMENTAL REVIEW Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on February 11, 2003, the Environmental Review Committee issued a Determination of Non -Significance - Mitigated (DNS-M) for the Honey Creek Estates II Preliminary Plat. The applicant requested a reconsideration of two mitigation measures. The ERC reviewed the reconsideration on February 25, 2003 and approved the reconsideration. The DNS-M included 14 mitigation measures. A 14-day appeal period commenced on March 3, 2003 and ended on March 17, 2003. As the appeal period does not end until the day prior to the public hearing and this report is prepared in advance of the public hearing, staff is unable to note within this report if any appeals of the threshold determination were filed. 3. ' COMPLIANCE WITH ERC MITIGATION MEASURES Based on an analysis of the probable impacts from the proposal, the Environmental Revie Committee issued the following mitigation measures with the Determination of Non -Significance — Mitigated (DNS-M): 1. In order for conventional spread footings to be utilized, at the time of building construction buried fill located beneath the building footprints and from a minimum of five feet beyond the edges of the proposed building site shall be removed. If needed, the material removed may be replaced with structural backfill. 2. The lots (Lots 14 — 16) located on the east parcel shall have a minimum 15 foot building setback from the fifty foot wetland buffer. This condition and the setback line shall be noted on the final plat. 3. On site soils shall not be used for structural fill or backfill. Fill shall be imported 4. The placement and compaction of structural fill and backfill shall be placed in horizontal loose lifts not exceeding ten inches thick and compacted to 95 percent of the maximum density. 5. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in the King County Surface Water Design Manual (KCSWDM). This will be required during the construction of both off -site and on - site improvements as well as building construction. 6. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in the KCSWDM. Temporary pipe systems can also be used to convey stormwater across the site This will be required during the construction of both off -site and on -site improvements as well as building construction. hexrpt_HoneyCRK.doc City'of Renton P/B/PW Department Preliminary Report to the Hearing Examiner HONEY CREEK ESTATES !i PRELIMINARY PLAT LUA-03-001, PP, ECF PUBLIC HEARING DATE: MARCH 18, 2003 Page 5 of 11 7. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off -site and on -site improvements as well as building construction. 8. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the construction of the civil improvements of the plat. 9. The applicant shall be required to install silt fencing with brightly colored construction flags to indicate the boundaries of the wetland area and buffer prior to the issuance of construction permits. 10. The applicant shall be required to install a split -rail fence or other approved barrier along the entire edge of the wetland buffer to denote the critical area prior to recording of the final plat. 11. The applicant shall be required to design the project according to the 1998 King County Surface Water Manual for water quality treatment and detention. - - 12. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single family lot with credit given for the existing single family lot. The fee shall be paid prior to the recording of the final plat. 13. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project with credit given for the existing single family lot. The fee shall be paid prior to the recording of the final plat. 14. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single family lot with credit given for the existing single family lot. The fee shall be paid prior to the recording of the final plat. 4. STAFF REVIEW COMMENTS Representatives from various city departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. CONSISTENCY WITH PRELIMINARY PLAT CRITERIA: Approval of a plat is based upon several factors. The following preliminary plat criteria have been established to assist decision makers in the review of the subdivision: (a) Compliance with the Comprehensive Plan Designation. The subject two parcel site is designated Residential Single Family (RSF) and Residential Rural (RR) on the Comprehensive Plan Land Use Map. The objective established by the RSF designation is to protect and enhance single family neighborhoods. The proposal is consistent with the RSF designation in that it would provide for the future construction of single family homes and would promote goals of infill development. The objective of lands designated Residential Rural is to preserve open space and natural resources and protect environmentally sensitive areas by limiting residential development in critical areas, areas identified as part of a city-wide or regional open space network; or agricultural lands within the City. The proposed plat is consistent with the following RSF and RR policies: Land Use Element Residential Single Family Policy LU-35. A minimum lot size of 4,500 square feet should be allowed in single family residential neighborhoods except when flexible development standards are used for project hexrpt_HoneyCRK.doc City of Renton PIBIPW Department Preliminary Report to the Hearing Examiner HONEY CREEK ESTATES If PRELIMINARY PLAT LUA-03-001, PP, ECF PUBLIC HEARING DATE: MARCH 18, 2003 Page 6 of 11 review. All 12 lots within the R-8 designation exceed the minimum of 4,500 square feet. The fo lots within the R-5 designation exceed the minimum of 7,200 square feet. The smallest lot 5,430 square feet and the largest lot is 26,552 square feet. Residential Rural Policy LU-26. Maximum development densities should range from 1 home per 10 acres to 5 homes per acre in Residential Rural except in areas with significant environmental constraints including but not limited to: steep slopes, erosion hazard, floodplains and wetlands where density shall not exceed 1 home per acre. The proposed density is 1.97 dwelling units per acre in the Residential Rural portion of the project which is constrained by a creek, wetland, wetland buffer and steep slopes. Housing Element The proposal should be consistent with the Comprehensive Plan Housing Element. The addition of sixteen (16) new single family homes to an under -developed property would increase the City's housing supply, thereby furthering an objective of the City of Renton. Policy H-4, "Encourage infill development as a means to increase capacity," would be addressed by this project. Environmental Element The proposal should be consistent with the Comprehensive Plan Environmental Element. The site is located within a high erosion hazard area as identified on the City's Critical Areas Maps. A Category 2 wetland and stream (Honey Creek) are located on site. In addition to the applicant complying with wetland regulations, the ERC issued two mitigation measures on the project that the applicant install silt fencing to indicate the boundary of the wetland and to install a barrier (split -rail fence) along the entire edge of the wetland buffer. The tree inventory plan submitted with the application identifies the location of 116 trees. f vegetation located within proposed Tract A would be removed as part of the detention/wetpond improvements on this tract. Development of the subdivision would require removal of trees located in areas proposed for utilities, driveways and building pads. (b) Compliance with the Underlying Zoning Designation. The 4.65 - acre site consists of two parcels: the west parcel is designated Residential — 8 Dwelling Units per Acre (R-8) and the east parcel is designated Residential — 5 Dwelling Units per Acre (R-5) on the City of Renton Zoning Map. The proposed development allows for the future construction of up to 16 dwelling units along with associated plat improvements. Density — R-8: The allowed density range in the R-8 zone is a minimum of 5.0 to a maximum of 8.0 dwelling units per acre (du/ac) for lots exceeding 0.50-acre in size. Net density is calculated after critical areas (wetland/stream), public rights -of -way and private streets are deducted from the gross acreage of the site. After the deduction of 22,633 square feet from the 103,772 gross square foot parcel (103,772 gross square feet — 22,633 square feet total deducted area = 81,139 net square feet/1.86 net acres), the proposal would arrive at a net density of 6.45 dwelling units per acre (12 units /1.86 acres = 6.45 du/ac). R-5: The allowed density in the R-5 zone is a maximum of five (5) dwelling units per net acre and no minimum. After the deduction of 10,434 square feet from the 98,831 gross square foot parcel (98,831 gross square feet — 10,434 square feet total deducted area = 88,397 net square feet/2.03 net acres), the proposal would arrive at a net density of 1.97 dwelling units per acre (4 units / 2.03 acres = 1.97 d u/ac). The proposed plat complies with density requirements for each zoning designation. Lot Dimensions — Lot widths range from 50 to 85 feet and lot depths are proposed from 104 1 300 feet. All lots in both zoning designations comply with the lot dimension requirements. hexrpt HoneyCRK.doc City of Renton P/8/PW Department Preliminary Report to the Hearing Examiner HONEY CREEK ESTATES ll PRELIMINARY PLAT LUA-03-001, PP, ECF PUBLIC HEARING DATE: MARCH 18, 2003 . Page 7 of 11 R-8: The twelve lots within this zone meet the minimum lot width requirements of 50 feet for interior lots and 60 feet for corner lots and lot depth of 65 feet. Lot sizes are greater than the minimum of 4,500 square feet; the smallest lot is proposed to be 5,430 square feet. R-5: The four lots located in R-5 meet the minimum lot width of 60 feet for interior lots and exceed the required lot depth of 70 feet. The zone requires a minimum lot size of 7,200 square feet; the smallest lot is 7,273 square feet. The proposed plat would create 16 lots with the following lot sizes: Lot Size (square feet) Access ---_..... 1 .__..._ ._ 8,415 .... -- ....._.., NE 11�h Ct. 2 6,473 NE 11 Ct. ___-.._.._._._.__._.............._....__.._._._.........._.._......__...__._........_...__..................._.__._.._.._....._..-...._._......._ 3 6,472 h......._._........._.............._..._.._ 11 Ct. 4 6,471 . _.._ ._..._ _......._._ NE 11 �'' Ct. _........_. _. _.._. 5 6,471 _.._..............._. NE.11"' Ct: 6 6,470 NE 11' Ct. -._....._......---..._._._..._.__........_..._......._.. 7 _........._.._.._.. 6,469 _---...... m-.__._._..........__......_......__ NE 11 Ct. 8 6,469 NE 11'h Ct. ..... ..... - - --- - 9 ---- - -- -- ---.....--- ... 6,468 ----- ----- -- ----- -- --- - -' NE 11Ct. 10 5,851 NE 11 m Ct. 11 5,430 NE 11 .. Ct. 12 9,675 NE 11Ct. 13 --...___...._.._..___;_.__..._ 7,273 _._.....___._._--_--..._...... 26' Private Easement __......-----------.._._.__.__....._...._._.__.._...----.._........: 14 ...... ............... 26' Private Easement _.....__..1.5 ---......._...........__;-..__._......_.._.._..__....._....---.._....__._........__...._..__..,.... _16,456 —.._.-16,456 ___....._._._._ - ---26' Private Easement - 16 26,552 --.._...__..._._.. - -...._....._..__...__.._._..__..._.._.__...__.< 26' Private Easement Tract A 29,442 26' Private Easement Setbacks - R-8: The plat plan does not include setback lines for each lot showing potential building envelopes within the R-8 zoned parcel. Building setbacks as required by the R-8 zone, including front and rear yard setbacks of 20 feet, corner side yard setback of 15 feet and interior side yard setbacks of 5 feet. A front yard setback of 15 feet is allowed for the primary structure and 20 feet for attached garages which access from the front yard street for those streets created after September 1, 1995 (NE 111h Court); therefore Lots 1 through 12 would have a front yard facing NE 1 P Court are allowed a 15 foot setback for the primary structure. The side yard setback along Hoquiam Avenue NE would be 15 feet and applicable to Lot 1. R-5: Staff requested the applicant to show setbacks for Lots 13 and 16 in order to determine that a fire hose can reached within 150 feet of the furthest corner of any proposed structure (setbacks would be removed at time of final plat). Required building setbacks in the R-5 Zone are a 15-foot front yard for the primary structure and 20 feet for attached garages accessed from the front yard street, a 25-foot rear yard, and 5-foot interior side as measured from the property line to the nearest point of the structure. The four proposed lots would comply with the setback requirements. As discussed in the ERC report, the geotechnical consultant recommended that the single family residences to be built on Lots 14 through 16 maintain a 15 foot setback from the 50 foot wetland buffer due to slopes and soils. The ERC placed this mitigation measure on the project (will be noted on the final plat mylar). In order to maintain continuity along the four lots utilizing the private access easement, staff recommends as a condition of plat approval that the front yard of Lot 13 faces north toward the private street and Lots 14 through 16 have their front yard facing to the west. This note should be noted on the final plat mylar. hexrpt_HoneyCRK.doc City of Renton P/BIPW Department Preliminary Report to the Hearing Examiner HONEY CREEK ESTATES ll PRELIMINARY PLAT LUA-03-001, PP, ECF PUBLIC HEARING DATE: MARCH 18, 2003 Page 8 of 11 Building Standards — The R-5 and the R-8 zones permit one single family residential structure p lot. Each of the proposed lots would support the construction of one detached unit. Accesso, structures are permitted at a maximum number of two per lot at 720 square feet each, or one per lot at 1,000 square feet in size. Both zoning designations permit accessory structures only when associated with a primary structure located on the same parcel. The plat plan shows two structures located on the site. The applicant has indicated all structures would be demolished. Staff recommends as a condition of the plat that a demolition permit be obtained and all existing structures (single family residence and shop) be removed prior to the recording of the final plat._ Building height in the R-5 and R-8 zones is limited to two stories and 30 feet for primary structures and 15 feet for detached accessory structures. For lots greater than 5,000 square feet in size, the maximum building coverage is 35% or 2,500 square feet, whichever is greater. The proposal's compliance with these building standards would be verified prior to the issuance of individual building permits. (c) Compliance with Subdivision Regulations. Lot Arrangement. Side lot lines are to be at right angles to street lines, and each lot must have access to a public street or road. Access may be by private access easement per the requirements of the Street Improvement Ordinance. The side lot lines of the proposed lots are generally at right angles to street lines. All lots would have direct frontage to public roadways or access via a private street. As proposed, all lots comply with arrangement and access requirements of the Subdivision Regulations. Lots: The size, shape and orientation of lots shall meet the minimum area land width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Each of the proposed lots generally satisfies the minimum lot area and dimension requirements L the R-8 and R-5 zones. The plat plan does not include setback lines for each lot showing potential building envelopes. However, when considering the required setbacks, as well as access points for each lot, the proposed lots appear to have sufficient building area for the development of detached single family homes. Property Corners at Intersections: All lot corners at intersections of dedicated public rights -of - way, except alleys, shall have minimum radius of 15 feet. The proposed subdivision would create one lot (Lot 1) to be located at the intersection of public rights -of -way and would be required to be constructed to meet code. (d) Reasonableness of Proposed Boundaries Access and Street Improvements: Access to the site is proposed via a new public right-of-way, NE I 1th Court (half street improvements) extending east from. Hoquiam Avenue NE (142"d Ave. SE in King County). A 26 foot wide private access easement is proposed to serve Lots 13 — 16 and Tract A within the R-5 parcel. NE 11 `h Court is to be constructed to the standards for half street improvements. A 35 foot right- of-way with 28 feet of pavement and a sidewalk on the development side of the street. The length of NE 111h Court and the private street is dimensioned at 699 feet. This length is just below the 700 foot threshold requirement for a secondary means of access (emergency access). The applicant has revised the plat to shorten the length of the "dead end" road to remain under the threshold limits. The 26 foot wide private access easement with 20 feet of pavement is proposed to serve the lots on the east parcel within the R-5 zone. The access easement as shown in the plat plan will need to be labeled as an access easements and designed to provide for the required turning radii fo, fire lanes (45 feet outside and 25 foot inside). hexrpt_HoneyCRK.doc City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner HONEY CREEK ESTATES ll PRELIMINARY PLAT LUA-03-001, PP, ECF PUBLIC HEARING DATE: MARCH 18, 2003 Page 9 of 11 The properties to the north of the subject site are located within King County. Single family homes exist on the adjacent parcels. Currently, no annexation into the City of Renton has been proposed. However, it is anticipated that the adjacent parcels would be annexed and subsequently developed in the future. Until the time of development, staff recommends as a condition of plat approval that a six (6) foot high solid fence be provided at the north property line of the R-8 zoned parcel to buffer the existing residences from the proposed development and moreover from traffic on NE 111h Court. When the adjacent King County properties are developed and the remaining half street improvements are made, the fence should be removed. Staff recommends as a condition of approval that the applicant install signs stating "No Parking" be placed on both sides of the public street and private access easement. All addresses are to be visible from a public street. This condition would ensure that emergency vehicles would be able to located residences with the proposed subdivision. Staff recommends the establishment of a homeowner's association or maintenance agreement for all common improvements, including utility easements, rights -of -way, stormwater facilities and wetland and buffer tracts, as a condition of preliminary plat approval. Topography: The two parcel site varies in topography. The west parcel can be described as relatively flat with minimal to no slopes. The east parcel contains slopes up to 39% which are considered sensitive slopes and is located within the high erosion hazard area as identified in the City's Critical Areas Maps. The applicant prepared a slope analysis map that identified slopes greater than 25% and less than 39%. The sensitive slopes are located in proposed Tract A (detention/wetpond) and Lots 14 —16. A small portion of new Lot 12 and the private access easement also contain sensitive slopes. The geotechnical report recommended that the lots (Lots 14 — 16) located on the east parcel should have a minimum 15 foot building setback from the fifty foot wetland buffer due to soils and slopes. The ERC placed this mitigation measure on the project. The property is vegetated with 116 trees — including coniferous and deciduous trees. All trees on Tract A would be removed as part of the detention/wetpond improvements. Development of the subdivision would require removal of trees in areas proposed for utilities, driveways and building pads. The east parcel is considered a hillside subdivision and is required to comply with the development standards applicable to such a subdivision. The project complies with the standards by: 1) a geotechnical report has been submitted; 2) lots are larger in the east parcel (R-5); 3) erosion control measures have been placed on the project by the ERC; and 4) the project is under review by the Hearing Examiner (public hearing). Relationship to Existing Uses: The subject site currently contains an existing single family residence and a shop, which are proposed to be demolished/removed. The surrounding area includes single family residences developed under the R-8 zoning designation and single family and vacant parcels in unincorporated King County. (e) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements and fees. The Environmental Review Committee has imposed a Fire Mitigation Fee based on $488.00 per new single-family home (credit given for the existing residence) in order to mitigate the project's potential impacts to emergency services. The fee is estimated at $7,320.00 (15 new lots x $488.00 = $7,320.00) and is to be paid prior to the recording of the final plat. Recreation: The proposal does not provide on -site recreation areas for future residents of the proposed plat. There are no existing recreational facilities in the immediate vicinity of the subject property and it is anticipated that the proposed development would generate additional users of existing City park and recreational facilities and programs. As required by the Environmental Review Committee, a Parks Mitigation Fee (credit given for the existing residence) will be hexrpt_HoneyCRK.doc City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner HONEY CREEK ESTATES II PRELIMINARY PLAT LUA-03-001, PP, ECF PUBLIC HEARING DATE: MARCH 18, 2003 Page 10 of 11 required prior to the recording of the final plat. The fee is estimated at $7,961.40 (15 new lots $530.76 = $7961.40). Schools: The site is located within the boundaries of the Renton School District and the Issaquah School District. The west parcel is within the Renton School District. Renton School District No. 403 has not provided a response to date whether or not the increased student enrollment that may result from the development of the proposed project can be accommodated. Based on the student generation factor, the proposed plat would potentially result in five additional students (0.44 x 12 = 5.28). The schools would include: Maplewood Heights Elementary, McKnight Middle School and Hazen High School. It is anticipated that the school district would be able to support - ine additional studenfs generated by the proposal. The east parcel proposed for four new residential lots is located in the boundaries of the Issaquah School District. The Issaquah School District has not provided a response to date. Staff recommends as a condition of approval that the Issaquah School District impact mitigation fee be placed on the proposed plat. The impact mitigation fees for the district are $2,937.00 per new single family residence and must be paid prior to building permit approval. The fee is estimated at $9,588.00 (4 new lots x $2,937.00 = $9,588.00). Storm water. A condition was imposed by the City's Environmental Review Committee stating that the applicant is required to design the project according to the 1998 King County Surface Water Design Manual for water quality treatment and detention. The drainage report states that surface runoff will be collected by catch basins located within the new road and routed to a detention pond. The pond will also serve as a water quality enhancement facility by providing dead storage volume under the detention volume as allowed for a combination pond. The pond outlet will be at the edge of the stream buffer. The runoff will then flow through the buffer and into the stream. A conceptual drainage plan and report hav- been submitted and appear to be in order with the exception that the plan does not address tl roof drains. A Surface Water System Development Charge, based on $525.00 per new single family lot would be required to be paid at the time a construction permit is issued. Water and Sanitary Sewer Utilities: Water is not served by the City of Renton. The site is located in the King County Water District 90 service area. A Certificate of Water Availability has been submitted by the applicant. Although the site is within Water District 90, watermain improvement plans must be designed to City of Renton standards and be submitted to the City of Renton for review. An eight (8) inch sanitary sewer main will be required to be extended from NE 10`h Street across the full frontage of the parcel along Hoquiam Avenue NE and into the plat to serve all new lots. The property is located in the Honey Creek Special Assessment District (SAD 8611) and fees of $250.00 per unit are collected at the time a construction permit is issued. hexrpt_HoneyCRK.doc City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner HONEY CREEK ESTATES I/ PRELIMINARY PLAT LUA-03-001, PP, ECF PUBLIC HEARING DATE: MARCH 18, 2003 Page 11 of 11 H. RECOMMENDATION: Staff recommends approval of the Honey Creek Estates II Preliminary Plat, Project File No. LUA-03-001, PP, ECF subject to the following conditions: 1. The applicant shall place a note on the final plat mylar stating that the front yard of Lot 13 shall face north toward the private street and the front yards of Lots 14 through 16 shall face to the west. 2. The applicant shall obtain a demolition permit and complete all inspections and approvals for demolition of the single family residence and all outbuildings (shop) located on the property. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to the recording of the final plat. 3. The applicant shall install a six (6) foot high solid fence along the north property line of the R-8 zoned parcel. The fence shall remain until such time that the adjacent parcels to the north are developed and the remaining half street improvements to NE 111h Court are constructed. This shall be noted on the face of the final plat. 4. The applicant shall be required to install a "Private Road" sign with addresses being served from the private access easement at the intersection of the public road and the private street. The sign shall be installed at the time of building construction. 5. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document(s), if necessary, shall be submitted to the City. of. Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. 6. The applicant shall pay the appropriate Issaquah School District Mitigation Fee based on $2,937.00 per new single family lot (total of four new lots). The fee shall be paid prior to building permit approval. EXPIRATION PERIODS: Preliminary Plats (PP): Five (5) years from final approval (signature) date. hexrpt_HoneyCRK.doc HONEY CREEK ESTATES II N W. UNE OF THEE 1/7 OF' JO 1HE NW 1/I OF+1HE NE � IC' roO O I KING COUNTY TAX PARCEL No. 10uo5-vT1B I 65.OJ -j CX1577A 30.f g. ,v i ti 0, W I ' 2 3 50.01' � 30.0T'O FOUND REBAR, NO GP 0.74• FROM CORNER BfARENG NOrIJ'JB E h � ul r. JO• O I� ///---FOUND CONC. MON. IN CASE W/NA/L, VISOED / CASE R, 200T FOUND CONC. MON. IN CASE W/NAIL, VISITED OCIOBER. 1p0� 'Vl�i ,e ^I !V IS 662. OgL(P) w NBB•1B•051V(C) 5BB'1B•OJ2P NE 9TH STREET S•tyLINE OEIETHEE N OF/1, 114, 5£C. 10-1J-i `W LINE OF THE NE 1/4 u z OF SEG. lO-TJ-5 O OOlbb 8y CITY OF RENTON CONTROL ��MON. /,B19, PER PUT OF SCOTT GLEN, NOT VISITED N66.19 381V(P) NBa'?,'0, 1Y(C) 2611.34'(P) CITY OF RENTON CONTROL MON. 11849, PER PUT OF SCOTT GLEN, NOT VISITED LINE TABLE CURVE TABLE N LINE OF THE S. to - LINE LENGTH BEARING ICURVL ILLNUTHIRADJUS 1 DELTA 1 ACRES OF THE N. 20 I L2 39. 4 SB38 N2 •4B'54'V NIO'll'46'V CI 6 D 5D.M > ' 1'19' ACRES OF THE NE' 1/4 OF THE HE 1/4 OF LS 19.85 N44.46'10'V SEC. 10-13-5 LI LS 7.53 11 3, M9•B9'4B'V 36. N16'2I V L6 .19 N13 2 '31•V O L1 30.19 .33.20'22• LB 3694 N09.26'06'V 9 11.60 N19'29'40'V W 7.11 N19.29'10'V LIl L12 5.115.2B'37'V 46.01 . IS'2 '3T•V UNPLAT7EO E. UNE OF THE NW 1/4 g KING COUNTY TAX PARCEL OF THE NE 1/4 OF SEC. NO, IO2JO5-9J99 10-7J-5 THE N LINE OF THE SOUTH 1/2 OF THE NE 1/4 OF THE NW 1/4 OF THE HE 1/4 OF SEC. IO-1J-5 4s0 �O SBg'IJ'15 f 6J1.11' ES 515.1?• h U lf5 cn. - 11TN COURT (ACCESS k URL. ESM _ _ tlp _,t,0. 116.70' 6 o7 ry o^ EX/50SHOPND � i N6B•1, 61,. UNPUTIED KING COUNTY TAX PARCEL NO. 102JOS-9101 8 01� 9 -1 DLO'2L 11 ,� 12 RECORDING NO. I VOL./PAGE 13 KING COUNTY TAX PARCEL J 4900-0160 W O N W O M 1e W j W Li U O } O W Z J 00 _ > -S. LINE OF THE N. 120E NW 1/4 OF THE HE I Ln / 0THE 1/4 OF SEC. 10-2J-5 y L F S. LINE OF. THE NORTH 20 p 46 o I ACRES OF r 1/2 OF THE NE 1/4 OI�SEC. 10-1J-5 III UNPUTTEO KING COUNTY TAX PARCEL NO. IOZJ05-9247 LOT AREAS: TOTAL AREA: LOT I - g115. 75 S0. 7t PARCEL A: 10J.771.7J S0, FTt, 2.J8 ACRESt LOT 2 - 6472.84 S0. '!Tt PARCEL B: 95,gJ 1,45 50. FT.XX, 2.27 ACRESt LOT J - 6172.14 SO. !T.t LOT 4 - 6471.43 S0.7.t _ LOT 5 - 6470.7J S0. '.7 LOT 6 - 6470.02 S0. .7 LOT 7 - 6469.J2 S0. '.7t LOT 6 - 6468.61 S0..7t LOT 9 - 6.67.90 SO.:R.t LOT /0 - 5651.10 S0. FTt LOT 11 - 14251.- S0. '"..t LOr 12 - 9675.16 50. FT.t LEGEND: LLO IJ - 7272.85 S0. FT..* 14 - 16455.91 SC; FT d LOT IS - 16455.79 SC: FT.t rj GSfO CONCRETE MONUMENT AS SHOWN LOT 1. TRACT 6 - 26552.15 9C!FT* y A - 29441.59 SO. FT.t NE ,ITH COURT - 2093G.7J SO. FT,6 SET 5/8" RE84R AND CAP C.S. 295J7 PRIVATE STREETS - 4019.29 SO. FTt SENSITIVE AREAS - 8OJ.7 S0. FT.t 0 FOUND REBAR OR PIPE AS SHOWN � •O UTILITY POLE O STORM OWN CATCH BASIN i' ENGINEER A nRE HYDRANT GRAPHIC SCALE ENGINEERING JIM JAEG£A CONIFEROUS TREE D. CF 94Y9 91I9 S. I4DTH PL, ,O DECIDUOUS WE HEM, WA 9BOJ, (P) PLAT OF SCOT/ GCFN, VOL. 185, PC. gJ M W PROPERTY OWNER (R) RECORD OF SURVEY BK. 152, PG. 61 �D4 �.. [ v FEET < _ RECTOR, LER RfMWA ON, WA 98D38 (C) CALCULATED REO (M) MEASURED ,� AL LAND 1 Inch = 80 (>n LUA-00-XXX-FP � THAT PORTION OF NW 1/4, NE 1/4, SECTION 10, TO (ND-XX-OXXX O' arw(x eryT/DS OWN, BY DATE JOB NO. OfCfMB£A J0. 1001 ML_t'; NOVEMBER, 2001 ! R-4A.OWG CHKD. iIP 23 NORTH, RANGE 05 EAST, W.M. EBy SCALE I =60' T 3 of 3 I A POR11ON of the N.E._ 1/4, SECTION 10, TOWNSHIP 23 N., RANGE 5 E., W.M. OM6 ■f mR O� IMF[ lVUlp NP■ ■l T.Oitl,■ TYPICAL CROSS SECTION SIDEWALK, CURB AND GUTTER, ASPHALT WIDENING HDOUTAM AVE. NE C9 Z_ tr . WSF&� (9 Zs3� W�€=i V �W Q 7 Z Q. >z 2 z� g �~ 7 o � U � 2 6 2a� 577E ADDRESS 1100 HOQUTAM A 1 . NE _ art. f1n3�1 GRAPHIC SCAU A T7 im A Cw v t i-) iY ro - is TZJN R5E E I/2 ZONING - - - - Renton aaty i1w �90 400 F�6 P/B/PW 7MCMQCAL SERVICES 03/15/02 10 T23N R5E E 1/2 5310 CITY OF RENTON COUNCIL AGENDA B Submitting Data: Dept/Div/Board.. Staff Contact...... Legal Zanetta Fontes Subject: Business License Exemptions Exhibits: Issue Paper Ordinance For Agenda of: October 13, 2003 Agenda Status Consent..............X Public Hearing.. Correspondence.. Ordinance.............X Resolution............ Old Business........ New Business....... Study Sessions...... Information ......... Recommended Action: Approvals: Refer to Finance Committee Legal Dept ......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... None Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Renton's current code provision 5-5-3 requires businesses operating within the City to purchase a business license. When the business license requirement is applied to municipal court professionals such as translators, and legal professionals such as court reporters and attorneys who have traveled to Renton, it ends up costing the City money rather than the fee collected, since the City may simply be billed for the extra cost of the license. The business license requirement may also inhibit the ability of the legal system to function, if translators and other legal professionals refuse to do business with the City because of the requirement. STAFF RECOMMENDATION: Approve exemptions to the Business License Requirement Exemptions Section RMC 5-5- 3(D), for translators, expert witnesses, court reporters, and certain attorneys, who have a business license in another jurisdiction and who have a business located outside the City, and adopt corresponding ordinance. Rentonnet/agnbilll bh CITI OF RENTON =LL Office of the City Attorney Jesse Tanner, Mayor Lawrence J. Warren MEMORANDUM TO: Mayor Jesse Tanner FM: Zanetta L. Fontes, Assistant City Attorney RE: Exempting Business Licenses For Certain Professionals DT: October 3, 2003 The Question Assistant City Attorneys Mark Barber Zanetta L. Fontes Russell S. Wilson Ann S. Nielsen Sasha P. Alessi The question we are asking is whether the City intended (wants) to impose the business license requirement on individuals who have a business location in another city, such as: translators in our municipal court, experts who are being deposed in a case when the deposition happens inside the city, court reporters who come to Renton to take a deposition, or attorneys who act as judges`pro-tempore, who represent criminal defendants in our municipal court, who represent parties in an administrative hearing, or who come with their client to meetings inside the city? The Code Renton Municipal Code (RMC) has a provision requiring business licenses. RMC 5-5-3 provides, in pertinent part: A. General Business License Required: Every business enterprise, including those with a temporary or . portable sales location, shall first obtain from the finance Director a general business license for the current calendar year or unexpired portion thereof. B.... The license shall at all times be.posted in the place of business for which it is issued, or in the case of a business enterprise with a temporary or portable sales location, be carried on the person of the. holder thereof at all times during business hours or while such business is being carried on, and shall be displayed at the request of any interested person.... RMC 5-5-2 defines Business as: Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE Mdyor Jesse Tanner City Council October 3, 2003 All activities, occupations, trades, pursuits, professions and matters located or engaged in within the city or anywhere else within the City's jurisdiction with the object of gain, benefit, advantage or. profit to the business enterprise or to another person, directly or indirectly. The tern " Business Enterprise" is defined as: Each location at which a person engages in business within the City of Renton. The term " Temporary or Portable Sales" is defined as: A business enterprise with no permanent location either within or outside of the City, but which engages in business within the City. RMC 5-5-3 (IT) provides that the Finance director is charged with the power and responsibility of enforcing the business license regulations. It says: 1. The Finance I time to time to inconsistent wits out the provision Further, the rules n RMC 5-5-1, which prescribing license license fee." The Problem tihave the power and` ithall be his duty from bltsh-arid—enforce rules 'Nand regulations not erAor with the lawEfor theurpose of carrying s _� 8 % favot+5f `applicability of the license fee. See �� 7netpart �� � - e provislos of tiffs Chapter ctiy Asti i& n favorF'of the applicability of the 1-7 lk sS The code provisions I have lust �sqt o t have beenin efect or quite. some time now. Up until this calendar year, the fme`c ancepartment hadfiot interpreted the code to mean.that interpreters, court reporters, and translators were required to obtain a business license to ply their trade. Recently, the municipal court learned that Chapter 5 of Title 5 was being interpreted by the finance department to apply to court translators. Similarly, the city attorney's office learned that the finance department was interpreting the business license provisions to apply to court reporters who come to our office to memorialize the deposition as well the experts who come to our office to testify. If required to obtain a Renton business license in order to perform the service of translator, most translators will just refuse to come to our municipal court to supply that service. We are legally required to provide a translator for those defendants for whom English is a second language. Therefore, if the court cannot get. a translator for those cases, this will result in their dismissal. Page 2 Mayor Jesse Tanner City Council October 3, 2003 Of course, the translator could charge the city the extra cost incurred to purchase the business license. In that case, we get the services of the translator but the City has not made any income and the City has had to process all the paperwork for the business license. Consider this, our.code (RMC5-5-3 (C)(5)(c)) provides: For those employers without a Renton address whose employees are nominally situated outside the City of Renton, but who are working within the City, for example contractor's employees, the license fee shall be V41�, to+oa . 4... 4L-. t__ ,. OI wu- JJ . OUV.11L - Lv Litt-. tivu.l.S lvpv Luu - uh -tllC qumteriy -State Washington Labor and Industries reports as supplemented by the employer's affidavit reporting the number of hours worked within the City during the quarter or the percentage of that classification or employee's time worked within the City based upon one thousand nine hundred twenty (1,920) hours of annual employment, but subject, however, to the annual minimum license fee of fifty five dollars ($55.00). The city staff will have to confirm monitor the licensee for continued that the cost of doing the paperwoj municipal court altogether,,,,- N,x. Translators aren't the only bnes v cover the cost of the business lice hire a court reporter. M' ost,�if riot We have a few with whomAke;Vvo license, they, too, may do what'th, cost of the license or clioose noftc attorneys and witnesses tfav'el toia instance, there is no benefit tothe the form of added attorney IS, Bees added time to travel outside theh [he n#ormatorwhen it comes in and will have to i countability. I°course, if the translator determines cis too great, he/she-w Yl,,opt to stay out of our o may decide to stay out of Renton (or up .their fee to ) fiae our,office takes a deposition we must 1, othe court rportmg agnci s work out of Seattle. # guTrlTfhey are requiredto purchase a business trar� sg rs °rfitght do increase teir fee to cover the �oie to the deosition in Renton, requiring that the lifferent location, outside of enton. In the first [tyand, in the second there= will be a greater cost in Wditonally, wfiere the vv`�tness is a city employee, the will b6,, hidden Expert witnesses present the same problems that I've discussed above. That is not where the discussion ends, however. The court administrator asked our office about how this new interpretation would affect attorneys in municipal court and those who act as judges pro-tem. Attorneys are licensed to practice law in all courts of the state. Arguably, the city is preempted from imposing on an attorney a business license requirement to appear in our municipal court. This would also be true where the court assigns an attorney from Bellevue to act as a public defender on a case where our contract public defender has a conflict of interest. I haven't found any authority for this proposition however. So, for purposes of this memo, I will assume there is no preemption. Similarly, what about those attorneys who act as judges pro-tempore in our municipal court. They meet the definitions I have set out above. If we require a business license Page 3 Mhyor Jesse Tanner City Council October 3, 2003 from those attorneys who have their office in other cities, but who serve as judges pro- tem in our municipal court, we may lose some of our attorneys from the pool of lawyers willing to serve as judges pro-tem. Another example of a possible dilemma occurred to me as I contemplated this memo. What about attorneys who appear before the Planning & Development Committee on an appeal, or those attorneys who office in Seattle but who come into Renton to work on matters involving their clients, i.e. Boeing's attorneys who come into Renton for meetings, etc. Those people are not appearing in a courtroom so the preemption argument, if any, would not apply. So, should we require a business license from these people as well?' Possible Resolution RMC 5-5-3 (D) is an Exemption provision. Currently, it provides: "The provisions of this Chapter should not apply to any business enterprise; firm or corporation which the City is forbidden to tax by law." Thatsubsection;could be amended to add a few more exemptions: For example: s:: r The provisions of lhi witnesses, and court' jurisdiction and who,h, services are used in an a who have a translators, expert license in another lie, City when their The provisions of this Ch"a" `M5b eI ��ot apply to attorneys who have a business license:: in ano er uriscictionXN d who have a Business Located A Outside The City a) when��t e"yM are rep'6"enting a client who is. doing business with or" seelang a permit from the city, b)letfflr their services are used by a defenelant�Sn Renton Mumcipal Co°�urt von by a party in an administrative heani g, c- hen =their- serviees are tempore in Renton Mused asa judge pro- n cj� al .�C&A or Ad) when their services involve representation of a client andkAheir press e in the city is limited to participation in a meeting, negotiation, arbitration, deposition or witness interview that is related to. an ongoing or anticipated legal matter. Public Policy Justification I understand these are difficult financial times. However, the amounts collected in the scenarios I have outlined will either be zeroed out by the professional increasing his/her I While Boeing might not react negatively when its attorneys pass the cost on to it, smaller entities might get quite irritated when they have to pay for a business license for their Seattle attorney. This would be true whether the client already has a business license of its own; (Note: RMC 5-2-3 (B) would prohibit the attorney's use of the client's business license) or where the client is a citizen appealing a land use decision and would not otherwise need a business license so would not want to pay for the lawyer's business license. Page 4 Mayor Jesse Tanner City Council October 3, 2003 fee OR the cost to the city will be greater. (because city staff or attorneys will be required to travel outside the city). You may ask whether there is any problem, with these particular exemptions while not exempting others. The justification is that some critical aspects of the judicial process may be harmed. The need to preserve and protect our judicial process is a sufficient interest to justify the proposed exceptions. i iwGiiuiiC.uu wC ` liy %-0UIIWI aMenU Tile DUsiness license provisions as-1 have outlined. cc: Jay Covington, CAO Terry. Jurado, Judge Joe McGuire, Court Victoria Runkle, Fins Lawrence J. Warrens )Ze tta L. Fontes �� X Adger L Page 5 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 5-5-3.D, EXEMPTIONS, OF CHAPTER 5, BUSINESS LICENSES, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON- BY EXEMPTING SOME MUNICIPAL COURT AND OTHER LEGAL PROFESSIONALS FROM THE BUSINESS LICENSE REQUIREMENT. THE CITY COUNCIL OF TBE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 5-5-3.D of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: D. Exemptions: The provisions of this Chapter shall not apply to any business enterprise, firm or corporation which the City is forbidden to tax by law. The provisions of this Chapter shall not apply to translators, expert witnesses, and court reporters who have a business license in another jurisdiction and who have a business located outside the City when their services are used in an ongoing judicial proceeding. The provisions of this Chapter shall not apply to attorneys who have a business license in another jurisdiction and who have a business located outside the City a) when they are representing a client who is doing business with or seeking a permit from the City; b) when their services are used by a defendant in Renton Municipal Court or by a party in an administrative hearing; c) when their services are used as a judge pro-tempore in Renton Municipal Court; or d) when their services involve representation of a client and their presence in the City is limited to 1 ORDINANCE NO. participation in a meeting, negotiation, arbitration, deposition or witness interview that is related to an ongoing or anticipated legal matter. SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of 2003. Bonnie I. Walton, City Clerk APPROVED BY TEE MAYOR this day of , 2003. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1047:10/6/03:ma. 2 Jesse Tanner, Mayor a CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems October 13, 2003 Staff Contact...... James P. Wilhoit, x 7319 Agenda Status: Consent .............. X Public Hearing...... Subject: RESOLUTION REQUESTING TEMPORARY FULL ROAD CLOSURE Correspondence..... FOR INTERSECTION RAILROAD CROSSING UPGRADE - Ordinance........... At Mountain View Avenue North (N 33" Street) and Resolution........... X Lake Washington Blvd. (LWB) Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Resolution Information......... Vicinity Map Other ................ Traffic Control Plan Interlocal Recommended Action: Approvals: Legal Dept.......... X Council Concur Finance Dept....... X Other ............. Fiscal Impact: Expenditure Required..... $20,000 Transfer/Amendment ..... $20,000 Amount Budgeted......... $20,000 Revenue Generated......... SUMMARY OF ACTION: Burlington Northern Santa Fe (BNSF) has programmed replacement of the existinZ railroad crossing at the intersection of Mountain View Avenue N (N 33ra Street) and Lake Washington Boulevard (LWB) with new rails and concrete panels. The Railroad will provide and install the rails and panels at its own expense, and also provide traffic control services. The City will provide support services at City expense. The railroad needs a temporary full road closure for a period of 12 hours to complete this work, and this closure will block the sole vehicle access for 27 residences during that time. To provide adequate emergency response, the Fire Dept. plans to pre -station a fire truck and crew on Mountain View Ave., and the Maintenance Dept. has indicated it can rapidly provide emergency gravel crossing if needed for egress. The Police Dept. has stated it will not be unduly impacted by the project. Pedestrian access will be maintained during this work. To take advantage of good weather BNSF and the City must complete this work before the end of October 2003. City staff will hold a meeting with the affected residents and distribute flyers to give proper notification and minimize the impact of the closure. STAFF RECOMMENDATIONS: Recommend Council concur with the single -day 12-hour closure for replacement of existing railroad grade crossing at the Mountain View Ave. N/Lake Washington Blvd. Intersection by BNSF. Staff further recommends the resolution authorizing temporary closure between October 1 and October 30, 2003 be presented for reading and adoption. H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda_2003\Mountain View Ave RR Crossing Closure. DOCSouthport RR Crossing Closure CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: October 13, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the City of Renton Council VIA: 0\ Jesse Tanner, Mayor Scti'' FROM: Gregg Zimmermah!Zdministrator STAFF CONTACT: James P. Wilhoit, x7319 SUBJECT: RESOLUTION REQUESTING TEMPORARY FULL ROAD CLOSURE FOR INTERSECTION RAILROAD CROSSING UPGRADE — At Mountain View Avenue North (N 33`d Street) and Lake Washington Blvd. (LWB) ISSUE: Burlington Northern Santa Fe (BNSF) Railroad will be improving the existing railroad grade crossing at the intersection of Mountain View Avenue North and Lake Washington Boulevard (LWB). A road closure resolution will be needed for a 12-hour total closure during a single day in order to complete the work. RECOMMENDATION: Council concur with the single -day 12-hour closure for replacement of existing railroad grade crossing at the Mountain View Ave. N/Lake Washington Blvd. Intersection by BNSF. Staff further recommends the resolution authorizing temporary closure between October 1 and October 30, 2003 be presented for reading and adoption. BACKGROUND: Burlington Northern Santa Fe (BNSF) has programmed replacement of the existing railroad crossing at the intersection of Mountain View Avenue N (N 33`d Street) and LWB with new rails and concrete panels. The Railroad will provide traffic control services. The City will provide the needed asphalt approach demolition and restoration and other support services. The Railroad needs a temporary full road closure for a period of 12-hours to complete this work, and this closure will block the sole vehicle access for 27 residences during that time. To provide adequate emergency response, the Fire Dept. plans to pre -station a fire truck and crew on Mountain View Ave., and the Maintenance Dept. has indicated it can rapidly provide an emergency gravel crossing if needed for egress. The Police Department has stated it will not be unduly impacted by the project. Pedestrian access will be maintained during this work. To take advantage of good weather BNSF and the City must complete this work before the end of October 2003. City staff will hold a meeting with the affected residents and distribute flyers to give proper notification and minimize the impact of the closure. H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda_ 2003\RRsprtI SSue.DOC October 13, 2003 Temporary Full Road Closure Page 2 FUNDING: The Railroad will provide and install the rails and panels and provide traffic control services at its own expense. The City will provide the needed asphalt approach demolition and restoration and other support services, paid for out of the Street Fund (103). CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE TEMPORARY CLOSURE OF MOUNTAIN VIEW AVENUE N. (N. 33'D STREET) AT THE RAILROAD GRADE CROSSING DIRECTLY WEST OF THE INTERSECTION WITH LAKE WASHINGTON BLVD., FOR A PERIOD OF 12 CONSECUTIVE HOURS DURING A SINGLE DAY BETWEEN OCTOBER 14 AND OCTOBER 31, 2003, FOR BURLINGTON NORTHERN SANTE FE TO MAKE IMPROVEMENTS TO THE RAILROAD GRADE CROSSING. WHEREAS, Burlington Northern Sante Fe (BNSF) has entered into agreements with the City of Renton to make improvements to railroad grade crossings adjacent to the intersection of Mountain View Avenue N. (N. 33`d Street) and Lake Washington Blvd.; and WHEREAS, BNSF has requested a 12-hour temporary full road closure of the Mountain View Avenue N. crossing; and WHEREAS, to facilitate this construction and allow for a safe condition for both vehicles and pedestrians it is necessary to do this work under a temporary street closure; and WHEREAS, this temporary road closure will take place between October 14 and October 31, 2003, to be extended depending upon weather conditions; and WHEREAS, the Police and Fire Department have made all preparations necessary to provide emergency services to the 27 residences whose sole vehicle access will be suspended during this closure; and WHEREAS, this temporary full road closure will be restricted to one day only; and WHEREAS, pursuant to City Code section 9-9-3 the City Council is to authorize such closure by means of a Resolution; 1 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The City Council does hereby authorize the temporary closure of Mountain View Avenue North, directly west of Lake Washington Blvd., for a period of 12 hours on a single day between October 14 and October 31, 2003, to be extended depending on weather conditions, for the BNSF project upgrading this City railroad crossing. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2003. Approved as to form: Lawrence J. Warren, City Attorney RES:1014.10/6/03:ma Jesse Tanner, Mayor K CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: For Agenda of: October 13, 2003 Dept/Div/Board.. Planning/Building/Public Works Utility Systems Agenda Status Staff Contact...... Abdoul Gafour (x7210) Consent .............. X Public Hearing.. Subject: Consultant contract with Economic and Engineering Services Inc. Correspondence.. (EES) for Services during Construction of Maplewood Water Ordinance ............. Treatment Facility and Golf Course Improvements Resolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Scope of Work for Consultant Contract Information......... Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... X Other.......... .. Fiscal Impact: N/A Expenditure Required $686,700 (2003-2005) Transfer/Amendment Amount Budgeted $700,000 (2003-2005) Revenue Generated........ . Total Project Budget $12,257,700 (2003-2005) includes City Share Total Project Construction Cost Project.. SUMMARY OF ACTION: Request for approval of a consultant contract with Economic and Engineering Services Inc. (EES) for Services during Construction of Maplewood Water Treatment Facility and Golf Course Improvements. STAFF RECOMMENDATION: The Planning/Building/Public Works Department recommends that Council authorize the Mayor and City Clerk to execute a contract with Economic and Engineering Services in the amount of $686,700 for services during construction of the Maplewood water treatment facility and golf course improvements. There are sufficient funds in the Water Utility's capital improvements budget (2003-2005) for this project to cover the contract. HAFile Sys\WTR - Drinking Water Utilit3\WTR-27 - Water Project Files\WTR-27-2953 - Maplewood Water Treatment Improvements\Design Contract with EES and KJ\Agenda-Bill-EES-services-during-construction-contract.doMGtp CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: October 3, 2003 TO: Kathy Koelker-Wheeler, Council President Members of the Renton City Council VIA: jc� Mayor Jesse Tanner FROM: Gregg ZimmermarOA ministrator Planning/Building/Public Works Department STAFF CONTACT: Abdoul Gafour (x7210) SUBJECT: Consultant Contract with EES for Services during Construction for Maplewood Water Treatment Facility ISSUE: The Water Utility section of the Planning/Building/Public Department requests approval of a consultant contract with Economic and Engineering Services (EES) to perform services during construction of the new Maplewood water treatment facility and golf course improvements. RECOMMENDATION: • The Planning/Building/Public Works Department recommends that Council authorize the Mayor and City Clerk to execute a contract with Economic and Engineering Services in the amount of $686,700 for services during construction of the Maplewood water treatment facility and golf course improvements. There are sufficient funds in the Water Utility's capital improvements budget (2003-2005) for this project to cover the contract. BACKGROUND SUMMARY: The City Council recently awarded the construction contract of $10,644,500 for the Maplewood water treatment facility and golf course improvements to Mid -Mountain Contractors. Construction of the facility will begin in November 2003 with an estimated completion date in Summer 2005. Due to the complexity and to the large size of this multi -discipline project, the Water Utility needs assistance and the expertise of a consultant firm to perform professional services during construction of the project. We have conducted a formal selection process in accordance with City policy and selected the firm of Economic and Engineering Services (EES) to provide the pre -design, design and services during construction of the water treatment facility. Both the pre -design and final design phases of the project have been completed. Page 2 of 2 The consultant's work to be performed under this contract, during the 20-month project construction period, includes: • Review contractor's submittals, requests for information and clarifications, change orders and claims. • Conduct field progress reviews and special inspections for civil, structural, architectural, golf course netting, electrical, water treatment process, and mechanical aspects of the work during the construction of the project. • Perform field geotechnical observations of soils conditions, erosion control, de -watering, shoring, structure excavation and fill, sub -grade preparation, and installation of site utilities. • Field survey for site and utilities work, verification of material quantities. • Witness all testing of various systems and equipment components and assist with the start-up of the facility, training of operations staff. • Preparation of record drawing, operation and maintenance manuals and all documentation for regulatory compliance. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-2953 - Maplewood Water Treatment Improvements\Design Contract with EES and KJ\issue-paper-ees-services-during-construction-contract.doc\AGtp . Draft 8/29/03 Draft for City review only Phase 3 — Construction Phase Assistance Task 3-100 On -site Construction Progress Assistance Summary: Provide assistance to the City for on -site construction monitoring; determination of progress; field clarifications and responses to construction issues; verification surveying; on -site geotechnical support; and project acceptance assistance. Task 3-100 — Understanding of City Responsibilities: • Coordinate the pre -construction meeting. • Provide a permanent Resident Engineer at the site and carryout all Resident Engineer functions. • Coordinate the weekly construction progress meetings. Prepare summaries of the meetings and maintain a log of meeting notes. • Perform regular construction inspections and maintain a record of construction inspection and progress notes. • Witness the testing of specific equipment components and/or systems. • Coordinate with the contractor the schedule and arrangements for facility training and startup. • Conduct the substantial and final completion inspections. Task 3-101 Pre -Construction Activities Work Elements: • Assist the City with construction contract negotiation items, as requested. • Assist the City with the pre -award and pre -construction meetings. • Prepare "Issued for Construction" drawings and specifications that incorporate all addenda items. Task 3-102 Field Engineering Assistance Work Elements: • Attend all construction progress meetings. It is assumed these would occur approximately weekly. • Conduct site visits on a regular basis (approximately 3 — 5 days per week, on average) to determine / verify the progress of construction and conformance with the design intent. • Provide on -going assistance to the City's Resident Engineer. • Serve as the replacement Resident Engineer on -site during planned absences by the City's Resident Engineer. Consultant Scope of Work — Construction Phase Maplewood Water Treatment and Golf Course Improvements Draft 8/29/03 Task 3-103 Special Construction Progress Observations and Reviews Work Elements: • Conduct field progress reviews and special inspections for civil, structural, architectural, netting, electrical, process, and mechanical aspects of the work at key points during the construction. • Provide the services of key design team members to perform periodic special on -site reviews of work progress. Examples include the architect to review/check building finish and detailing; the electrical engineer to review/check the motor control center installation; and the structural engineer to review/check the installation of key structural components. • Review and provide input for substitution requests. • The estimated labor effort breakdown for this task is as follows: Civil — 80 hours Mechanical / Process — 200 hours Architectural — 24 hours Structural — 48 hours Electrical and I&C — 32 hours Netting — 10 hours Task 3-104 Field Geotechnical Observation and Engineering Support Work Elements: Perform field observations of soils conditions during construction, to include observations of the following: • Implementation of the TESC plan. • Stripping of the subgrade beneath the roadway embankment fill and other yard area structural fill to confirm that unsuitable material has been removed. Also, monitor the proofrolling of these subgrade areas to identify soft or loose subgrade areas requiring repair. • Installation of temporary shoring to confirm that the subsurface conditions are as expected and that the shoring is installed as designed, as well as installation of underpinning beneath the spread footings which support a portion of the roof for the existing structure. Determine the depth to the "sand bearing stratum" to confirm that the required depths of removal of the overlying fluvial/alluvial deposits. Obtaining this additional information at the time of shoring installation would allow timely modifications to the shoring and dewatering systems if the required depth of removal is deeper than expected. • Excavation of the overlying unsuitable fluvial/alluvial deposits in the structure excavations (vaults and building). Confirm that all unsuitable material has been removed. Consultant Scope of Work — Construction Phase 2 Maplewood Water Treatment and Golf Course Improvements Draft 8/29/03 Excavation made to place the zone of structural fill below the Ultrablock retaining wall. Subgrade conditions exposed in the base of the utility trenches to determine if overexcavation will be needed to provide adequate utility support. Placement of structural fill beneath structures, behind walls, as utility trench backfill, roadway embankment and yard area fills, and placement of reinforcement below structures and behind the Ultrablock wall. This will include evaluating the adequacy of the structural fill and reinforcing material, determining that the reinforcing is placed where intended, and completing density tests in the fill as it is being placed to confirm that suitable compaction is being achieved. • Provide recommendations to the Resident Engineer for soils conditions, excavation requirements, pay depths, compaction requirements, testing requirements and interpretation of testing results, and suitability of fill materials. • Anticipated level of effort for field geotechnical support is approximately 50 man days. Task 3-105 Verification Surveying Support Work Elements: • Provide field surveying assistance to the City's Resident Engineer for verification of excavation depths, materials quantities, settlement of soils, locations of facilities, work progress, and payment requests. • Anticipated level of surveying support is approximately 130 hours for a survey crew. Task 3-106 Project Acceptance Assistance Work Elements: • Witness the testing of specific equipment components and/or systems at the MTF to verify conformance with the intent of the design requirements. • Witness the in -shop testing of the instrumentation and control system prior to shipment to the MTF site. • Assist the City with performing the substantial completion and final completion inspections. • Prepare DOH Construction Completion forms. • Assist the City with conducting a 1-year warranty inspection of the completed facility. Task 3-100 Deliverables: Consultant Scope of Work — Construction Phase 3 Maplewood Water Treatment and Golf Course Improvements Draft 8/29/03 l . Site visit log and notes. 2. Maintenance of field log notes during periods when substituting for the City's Resident Engineer. 3. Notes and memoranda resulting from special discipline on -site reviews. 4. Notes on observations from the witnessing of equipment testing events. 5. Notes from the substantial, final, and 1-year warranty inspections. Task 3-200 Engineering Support Summary Provide reviews of the contractor's submittals, as required by the contract specifications. Task 3-200 — Understanding of City Responsibilities: • Carryout all Project Manager functions for project administration. • Receive and record all submittals. • Forward to the Consultant copies of all submittals. • Send to the Contractor all reviewed submittals. • Receive and log RFI's from the contractor and distribute RFI's to the Consultant, as appropriate. • Process Change Orders. • Provide for a Control System Programmer. Task 3-201 Submittals Reviews Work Elements: • Receive submittals from the City and maintain a submittals log and file. • Distribute submittals to the appropriate Consulting team members to perform the reviews. • Review and take appropriate action, within the specified time period, on all Contractor submittals where Consultant review is required. • Review equipment and materials data, shop drawings and data for product review following the procedures of the Specifications. • Stamp and mark each reviewed submittal and transmit the specified number of copies to the City. • The estimated level of effort for submittals reviews by the design engineers are as follows: Civil — 250 hours Architectural — 80 hours Structural — 140 hours Mechanical / Process — 340 hours Instrumentation — 160 hours Electrical — 200 hours Consultant Scope of Work — Construction Phase 4 Maplewood Water Treatment and Golf Course Improvements Draft 8/29/03 Netting — 20 hours Deliverables: 1. Reviewed submittals. 2. Submittals log. Task 3-202 Responses to RFI's Work Elements: • Maintain a log of BFI's reviewed. • Respond to contractor BFI's. • Estimated allowance for labor effort is 500 hours (assume up to 100 RFI's at 5 hours per RFI, on average). Task 3-203 Assistance with Change Orders Work Elements: • Assist the City with the review of Change Order requests and the preparation of Change Orders, as required. • Maintain a log of Change Order requests reviewed. • Estimated allowance for labor effort is 200 hours. Task 3-204 Coordination and Management Summary: Provide project coordination and management associated with all Phase 3 activities that are the responsibility of the Consultant. Work Elements: • Coordinate and manage the activities of the work elements performed as part of Phase 3. • Maintain and track the budget status and provide progress reports monthly. • Maintain routine contact with City staff on all construction progress items and issues. • Maintain correspondence files and a log of major activities during construction that. are associated with design conformance. • Estimated labor effort for senior consultant staff is approximately 300 hours (or 15 hours per month on average over a 20-month contract duration). Deliverables: Consultant Scope of Work — Construction Phase Maplewood Water Treatment and Golf Course Improvements 5 Draft 8/29/03 1. Monthly budget status and progress reports. 2. Copies of the correspondence files. Task 3-300 Startup and Initial Operations Assistance Summary: Provide assistance for startup coordination and initial operations assistance of the MTF improvements. Work Elements: • Provide engineering assistance to the City during startup of the facility. • Provide clarifications on instrumentation and control issues to the Control System Programmer during startup, as required. • Make up to 12 site visits (or as agreed upon) during the first 8-month operating period to provide operations assistance. • Coordinate follow-on or additional training for operations staff with the manufacturer(s) of the treatment equipment, if required. • Assist the City in developing a comprehensive records keeping protocol. • Assist the City with documenting compliance with State and Federal drinking water standards. • Provide input to the SCADA system programmer for changes that may result from experience gained during the initial operating period. Task 3400 Record Drawings Summary: Prepare Record Drawings of the completed MTF improvements and prepare the O&M Manual of the MTF improvements. Work Elements: • Prepare electronic and hard copy Record Drawings. These will consist of all contract design drawing sheets, and any new sheets if necessary, conformed to the as -built records and submittals supplied by the contractor. • Estimated labor effort is 640 hours, or approximately 4 hours per drawing sheet (160 sheets). Deliverable: 1. One complete set of final Record Drawings. One set will be in hard copy form on Mylar media. An electronic file of all final Record Drawings will also be provided. Task 3-500 O&M Manual Consultant Scope of Work — Construction Phase Maplewood Water Treatment and Golf Course Improvements Draft 8/29/03 Summary: Prepare the O&M Manual for the MTF improvements. Work Elements: Prepare the O&M Manual for the new facility improvements. This will include an O&M Guide section prepared by the Consultant and a complete compilation and organization of the O&M materials provided by the contractor. Deliverable: 1. Six copies of the O&M Manual. The O&M Guide portion of the Manual prepared by the Consultant will be provided in hard copy and electronic formats. The contractor -provided O&M materials will be in hard copy format only. Task 3-600 Additional Services (as needed) Summary: This task provides for additional services to the City associated with the construction of the MTF improvements, as may be needed and authorized by the City. Possible Work Elements: • More extensive on -site administration and engineering services than that provided for in Task 3-100. • Special presentations to City Council. • More extensive initial operations assistance than that provided for in Task 3-300. Consultant Scope of Work — Construction Phase 7 Maplewood Water Treatment and Golf Course Improvements City of Renton Maplewood Water Treatment Improvements Project Phase 3 • Construction Phase Services Draft for City review only Budget and Fee Breakdown Tasks Description Estimated Labor Hours - EES Staff Project Sr. Eng. Staff Staff Geotech Survey CADD Admin Description Manager Dsn. Mgr. Engineer Engineer Engineer Crew Civil/Mech Support Salary RateAr 48.25 44.25 31.25 26 31 57 27 22 3-100 On -site Construction 1f0 200 820 0 405 150 70 74 Progress Assistance 3-101 Pre -construction Activities 20 10 20 5 30 4 3-102 Field Engineering Assistance 30 60 760 20 40 3-103 Special Observations & Reviews 40 100 10 3-104 Geotechnical Support 400 10 3.105 Surveying Support 150 20 3-106 Project Acceptance Assistance 20 30 40 10 3.200 Engineering Support 270 260 240 100 50 0 0 90 3-201 Submittals Reviews 30 160 160 40 30 20 3-202 Responses to RFls 30 80 20 60 20 20 3-203 Assistance with Change Orders 10 20 60 10 3-204 Coordination and Management 200 40 3-300 Startup and Initial Operations 40 40 120 Assistance 3.400 Record Drawings 30 40 100 40 160 10 3-500 O&M Manual 20 60 40 40 20 3-600 Additional Services (as needed) Totals 470 600 1,320 180 455 150 230 194 Estimated Labor Hours - Kennedy/Je Principal Principal Principal Sr. Eng Sr. Eng Sr. Eng Sr. Eng Process E&I Architect Structural Elect. Instrum. Mach 50.5 54.67 54.67 44.87 46.65 41.15 39.81 142 0 32 80 40 56 34 10 8 10 108 24 48 16 16 8 16 24 8 8 24 40 16 256 10 100 100 164 224 88 40 8 40 20 120 160 40 40 8 20 32 32 32 20 16 4 16 24 8 8 8 160 24 24 24 24 20 40 4 8 32 8 8 12 12 8 4 60 24 60 40 498 24 140 192 268 380 174 City of Renton Maplewood Water Treatment Improvements Project Phase 2 • Design Draft for City review only Budget and Fee Breakdown Prepared., 0812712003 nks Tasks Description Cost Plus Fee Determination Assoc Eng Staff Eng CADD Admin. Total Labor Total Overhead Subtotal Net Fee Total Labor Direct Total Archlt. StIMEIEE Designer Support (hours) Salary Costs Costs @ 170 % Salary Costs @ 12% Cost Expenses Cost 37.14 31.36 30.39 19.48 0 0 20 f2 2245 3-100 On -site Construction 74,731 127,043 201,774 24,213 225,987 8,200 $234,187 Progress Assistance 20 4 141 3-101 Pre -construction Activities 5,033 8,557 13,590 1,631 15,221 100 $15,321 910 3-102 Field Engineering Assistance 29.273 49,763 79.036 9,484 88,520 4,000 $92,520 8 378 3-103 Special Observations & Reviews 17,374 29,536 46,910 5,629 52,539 3,000 $55,539 426 3-104 Geotechnical Support 13,338 22,674 36,012 4,321 40,334 500 $40,834 170 3.105 Surveying Support 9,090 15,453 24,543 2,945 27,488 500 $27,988 220 3-106 Project Acceptance Assistance 9,173 15,595 24,768 2,972 27,740 100 $27,840 60 384 44 60 2530 3-200 Engineering Support 100,219 170,372 270,591 32,471 303,062 550 $303,612 40 300 20 20 1248 3-201 Submittals Reviews 47,144 80,146 127,290 15,275 142,565 200 $142,765 20 68 16 16 534 3-202 Responses to RFis 20,498 34,847 55,345 6,641 61,986 100 $62,086 16 8 8 216 3-203 Assistance with Change Orders 8,362 14,216 22,578 2,709 25,288 50 $25,338 16 532 3.204 Coordination and Management 24,214 41,164 65,378 7,845 73,223 200 $73,423 4 296 3-300 Startup and Initial Operations 11,775 20,018 31,793 3,815 35,608 1,000 $36,608 Assistance 210 634 3-400 Record Drawings 20,328 34,558 54,887 6,586 61,473 1,500 $62,973 12 24 16 416 3-500 O&M Manual 15,978 27,163 43,142 5,177 48,319 1,000 $49,319 3-600 Additional Services (as needed) 60 396 298 92 6,121 Totals $223,032 $379,154 $602,186 $72,262 $674.448 $12,250 $686,698 V From: Citizens to Council Via Clerk To: Steven Herchelrode Date: Thu, Oct 9, 2003 8:49 AM Subject: Re: Metro Bus #111 Dear Mr. Herchelrode: Thank you for your e-mail to the Renton City Council concerning Metro Bus 4111 and granting of a business license to Western Clinic Health Services in the Hilands Shopping Center. This correspondence will be reviewed and considered by Council at the next City Council meeting, 10/13/2003. You will be informed of any subsequent action taken on this matter. Thank you for your input. If I can be of further assistance, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> Steven Herchelrode <steveherchelrode@juno.com> 10/08/03 11:02PM >>> Dear Councilmembers: I again am reporting an ongoing problem with regard to the heroin withdrawal patients who go to the methadone treatment at WCHS clinic, and ride the Metro 4111 bus to Seattle. The bus stop on Sunset Boulevard is convenient to them, and they often get on the #111 to Seattle. They all smoke, and the cigarette smoke doesn't leave them after they get on the bus. It sickens most of us already on the bus because we have to breathe the fumes after they get on. This morning the noise from these methadone addicts was intolerable to us workers who ride into Seattle to work at legitimate jobs. One woman had to speak up and tell the addicts to keep their voices down, upon which the noise escalated, and they had rude and desprectful comments to the older woman. Drivers of the bus are expected to pay attention to what they are doing, obviously, but they cannot be distracted from driving a large vehicle in traffic. That is understandable from a safety point of view. implore you respectfully, to revoke the business license of the methadone clinic in the hope that we don't have to endure this anymore from non -Renton people who come here for treatment. Methadone treatment doesn't cure their addiction to opiates. Maybe you know about this already, but in case you don't, please educate yourselves about what methadone treatment actually does. It only prolongs the addiction, because the synthetic only keeps the people high throughout the day. Because they are high already, it might keep them from stealing to finance their short-term needs for heroin, but perhaps not, so my house may become a target, which is not far from the methadone treatment clinic. Please remove the clinic so that we commuters, who contribute to our economy, don't have to endure the idiocy on the bus #111, by those who might stop some from using the bus to cut down on traffic congestion. The letter I received from a certain director of a Renton department only served to defend your honors' decision to grant the business license to WCHS, describing it in detail, etc., but did not address my concern. He too will come under severe scrutiny when election time comes, and the new council comes into their seats. If necessary, I will personally attend the hearing, and invite all the bus riders of #111. There will be much loud talk then, for workers at legitimate jobs, whose tax dollars support this asinine methadone treatment program that Washington or King County promotes. I fear for my life because of what the addicts say (loudly) on the bus. They continue to use loud, obscene, and boasting talk about their drug abuse, sexual excapades, and prison/criminal court experiences. I don't want to hear it anymore because I like to read the newspaper while riding to -work . Please, this is becoming an urgent matter. We will be deciding on who makes the actual decisions soon in the next elections. Thanks. Steve Herchelrode 3523 NE 6th Street Renton, WA 98056 425-228-8707 ­B061k3roxr)d .fit -'o . # 030a1- G .. ill rCITY OF RIENTON 10-13-03 6orreSP�Wvl e- Planning/Building/PublicWorks Department Je se Tanner, Mayor Gregg Zimmerman P.E., Administrator June 19, 2003 Mr. Steven Herchelrode 3623 NE 61h Street Renton, WA 98056 CITY OF RENTON RECEIVED CITY C'LE2K -S OFFICE SUBJECT: OFFENSIVE BEHAVIOR ON METRO BUS ROUTE 111 AND WCHS, INC. DRUG TREATMENT CLINIC LOCATION (2838 SUNSET BLVD.) Dear Mr. Herchelrode: Thank you for your recent (June l 01h) e-mail regarding the unpleasant experiences you've witnessed while riding King County Metro Transit Route 11 I . It is unfortunate that you and the other riders have been subjected to the poor behavior of a few individuals. The City of Renton most certainly strives for safe, secure, and convenient transit service for our citizens, and hopefully we can work together to resolve the problem of inappropriate behavior occurring on your bus. Your message will be forwarded to King County Metro Transit staff, I am certain they would be interested in hearing about these incidents too. Metro has a conduct code for bus riders, and any of the following behaviors while riding the bus violate Metro's Code of Conduct, and violators may be subject to arrest, fine or ejection: • Refusing to pay proper fare • Drinking alcoholic beverages • Radio or tape playing without earphones • Lying down or occupying more than one seat • Harassing driver or other riders • Littering or creating unsanitary conditions • Vandalizing transit property • Blocking the aisles • Smoking • Carrying flammable materials Metro advises riders to tell the driver if they see a problem on the bus. If a rider witnesses a crime being committed on the bus, they should try to alert the driver or call 911 when it is safe to do so. After the rider has contacted the driver or 911, he or she is asked to call (206) 553-3060, if possible, to report the incident. Metro tracks reported activities as a means of organizing their patrols to meet the needs of the system. Western Clinic Health Services (WCHS), Inc. is located within the Hilands Shopping Center. WCHS, Inc. is an opiate substitution treatment program and is considered to be an outpatient medical facility. It occupies an approximate 3,400 square foot commercial space previously leased by both the Hilands Medical Clinic and Apple Physical Therapy. 1055 South Grady Way - Renton, Washington 98055 R E N T ®lam a®a_.. ___. .._ AHEAD OF THE CURVE June 20, 2003 Page 2 WCHS, Inc. applied for a commercial business license in April, 2000. City staff reviewed and approved the application, and a business license was issued. Neither the use nor application for the business license require public notification, public hearings, or formal staff reports. WCHS, Inc. began operating at this location on July 1, 2001, and has a current business license on file with the City. The C-;ty is rPrmired.to accept and process applications for business licenses. If, upon review, the proposal complies with applicable codes, laws and development regulations, then the City must approve the business license. The City of Renton is committed to supporting the needs of our transit riding community and recognizes safe and convenient transit services as an important tool in reducing the traffic congestion in the Puget Sound Region. We have partnered with private and public interests to build the new downtown transit center and adjacent transit -oriented developments. A vital link in our efforts is certainly the feedback received from the public, as this leads to better, safer service for all. Please feel free to contact Nathan Jones, City of Renton Transportation Planner, if you have any additional questions or concerns. He can be reached via e-mail at niones@ci.renton.wa.us or by telephone at (425) 430-7217. Sincerely, ekff Gregg Zt merman, Admtnistrator Planning/Building/Public Works Referral t103021-C cc: King County Metro Transit City Councilmembers Mayor Tanner Jay Covington Neil Watts Sandra Meyer City Clerk Nick Afzali Nathan Jones File H:\Referrals\2003\03021-C (Final).doc\cor I r RECEIVED COUNCIL REFERRAL TO ADMINISTRATION JUN 11 2003 'CIT o RENTON TO: Gregg Zimmerman, PBPW [Transportation ECEIVED DATE: 6/I1/03 N 12 2003 FROM: Bonnie Walton LOG #: 03021-C System= nfvOn 6/11103, Council received and referred the fog: E-mail from Steven Herchelrode, 3623 NE 6`h St., Renton, WA behavior by riders on a King Co. Metro bus, and regarding loca Sunset Blvd. Zimmerman Please respond as follows: Prepare memo to Councilmembers via Mayor. (After May( secretary will copy for Council and Clerk and return copy tc Prepare memo to Councilmembers via Mayor and include a (After Mayor's approval, Mayor's secretary will copy for C copy to you.) • " 41 do XX _Prepare letter(s) to citizen/agency with department head's signature and submit to Mayor for approval. (After Mayor approves the letter, the Mayor's secretary will mail it out after making a copy for Council and Clerk and returning a copy to you.) :Schedule matter on Council committee agenda. Arrange with Council Liaison ASAP. (Copy of response to City Clerk not required.) Other: (as noted) PLEASE REFERENCE LOG NUMBER ON ALL LETTERS. Please complete request by (6/25/03). Thank you. 10 glwrj�; cc: Council (8) Mayor Tanner l �% - Owe, � _ A' _ t / v Jay Covington I I l Margaret Pullar hehqlw, Ielol l From: Council Via Clerk To: Steven Herchelrode Date: Wed, Jun 11, 2003 2:30 PM Subject: Re: WCHS Drug Treatment Clinic Dear Mr. Herchelrode: Thank you for your email to City Council regarding offensive behavior on a King Co. Metro bus, and regarding location of the WCHS Clinic on Sunset Highway. Copy has been forwarded to each Councilmember, Mayor Tanner and the Planning/Building/Public Works Administrator for review. You will receive a response within two weeks. If I can be of further assistance, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 From: Steven Herchelrode <steveherchelrode@juno.com> To: <council @ ci.renton.wa.us> Date: Tue, Jun 10, 200310:58 PM Subject: WCHS Drug Treatment Clinic Dear City Council members: I live in President Park neighborhood near the technical college, and ride King County Metro buses from there to downtown Seattle to my job. Along the way during the school year there are also students who attend McKnight who ride the same bus route (111), and the students get off at McKnight. Unfortunately along the way there are a number of drug addicts who are apparently not Renton residents who I believe come from the WCHS Renton Clinic on Sunset Highway, ostensibly in drug recovery. This is right across Sunset in front of the Jack in the Box next to the Jewelry Exchange. They do not ride every day, but I'd say the drug addicts do most days during the week. These people are almost uncontrolled in their behavior. They talk very loudly, smell of cigarette smoke, and are unbelievably bold in their talk about their drug abuse, sexual excapades, jail terms, violence, and weapons violations. Once 1 heard one of the boldest ask whether another bus rider 'had a blade' and I and others became afraid for all our safety (this occured while the bus was on the 1-90 bridge past Mercer Island). 1 question why Renton Highlands is appropriate for such a place for drug addicts, in an otherwise generally favorable bedroom community. Are there any plans to. close and refurbish the area in that old shopping center? I'd like to know. also want you to know I object to this location for a clinic such as this. The methadone or other treatments for drug offenders just feeds them more; in fact I've seen more than once where the recovering addicts get in the back part of the bus and have seizures or just look like zombies when they aren't spewing forth their flatulence or other offensive behaviors. Please help to put a stop to this because it is not only me but most riders of route 111 (and perhaps the other bus routes like 240) who are offended by the few idiots who exit WCHS and get on the bus to Seattle to continue their offenses. Please reply. Yours truly, Steven Herchelrode 206-359-3629 (work) 425-228-8707 (home) 36 a3 NE 6 &.r�, W1q 9,Fast -4p3o,2F-C .i APPROVEDBY CiTY COUNCIL Date /0-/,? - 03 FINANCE COMMITTEE COMMITTEE REPORT October 13, 2003 Consultant Agreement with Maura O'Neill For the Explore Life Project Addendum #2 (Referred October 6, 2003) The Finance Committee recommends concurrence in the staff recommendation to approve Addendum #2 in the amount of $50,000 to the consultant agreement with Maura O'Neill for the Explore Life Project. This amount -would eoverthe cost of additional work done from April through June 30, 2003 including the production of theExplore Life Business Plan. This will conclude the City's fmanciat'commitmentto Explore 'a; The Committee further- recommends,thaf that Mayor and City Clerk be authorized to execute the Addendum. cc: Victoria Runkle Alex Pietsch ExploreLifeConsultContrAdd2.rpt\ Rev 01/02 bh ri CITY OF RENTON, WASHINGTON RESOLUTION NO. Slob/ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE TEMPORARY CLOSURE OF MOUNTAIN VIEW AVENUE N. (N. 33" STREET) AT THE RAILROAD GRADE CROSSING DIRECTLY WEST OF THE INTERSECTION WITH LAKE WASHINGTON BLVD., FOR A PERIOD OF 12 CONSECUTIVE HOURS DURING A SINGLE DAY BETWEEN OCTOBER 14 AND OCTOBER 31, 2003, FOR BURLINGTON NORTHERN SANTE FE TO MAKE IMPROVEMENTS TO THE RAILROAD GRADE CROSSING. WHEREAS, Burlington Northern Sante Fe (BNSF) has entered into agreements with the City of Renton to make improvements to railroad grade crossings adjacent to the intersection of Mountain View Avenue N. (N. 33id Street) and Lake Washington Blvd.; and WHEREAS, BNSF has requested a 12-hour temporary full road closure of the Mountain View Avenue N. crossing; and WHEREAS, to facilitate this construction and allow for a safe condition for both vehicles and pedestrians it is necessary to do this work under a temporary street closure; and WHEREAS, this temporary road closure will take place between October 14 and October 31, 2003, to be extended depending upon weather conditions; and WHEREAS, the Police and Fire Department have made all preparations necessary to provide emergency services to the 27 residences whose sole vehicle access will be suspended during this closure; and WHEREAS, this temporary full road closure will be restricted to one day only; and WHEREAS, pursuant to City Code section 9-9-3 the City Council is to authorize such closure by means of a Resolution; 1 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and.correct in all respects. SECTION II. The City Council does hereby authorize the temporary closure of Mountain View Avenue North, directly west of Lake Washington Blvd., for a period of 12 hours on a single day between October 14 and October 31, 2003, to be extended depending on weather conditions, for the BNSF project upgrading this City railroad crossing. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2003. Approved as to form: Lawrence J. Warren, City Attorney RES:1014.10/6/03:ma Jesse Tanner, Mayor Fa c CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF RENTON FROM THE R-1 ZONE (RESIDENTIAL SINGLE FAMILY; ONE DWELLING UNIT PER ACRE) TO THE R-5 ZONE (RESIDENTIAL SINGLE FAMILY; FIVE DWELLING UNITS PER ACRE). (CLOVER CREEK II REZONE, FILE NO. LUA-01-034,PP,R,ECF) WHEREAS, under Section 4.2.020 of Chapter 2, Land Use Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as R-1 (Residential Single Family; one dwelling unit per acre); and WHEREAS, the applicant, Labrador Ventures, filed an application for preliminary plat, rezone, and SEPA review on March 13, 2001. This matter was duly referred to the Hearing Examiner for investigation, study, and public hearing, and a public hearing was held on September 25, 2001; the Hearing Examiner thereafter denied the rezone request and did not review the plat application. Applicant filed a request for reconsideration, which the City Council denied, and applicant appealed to the Superior Court of the State of Washington; and WHEREAS, on September 19, 2002, the Superior Court reversed the decision of the City Council to deny the rezone, and remanded the matter back to the Hearing Examiner. On April 24, 2003, the Hearing Examiner again recommended that the City Council deny the application to rezone the site to R-5. The applicant appealed that recommendation to the City Council. The Planning and Development Committee recommended approval of the rezone, and 1 ORDINANCE NO. on September 15, 2003, the City Council voted to approve the rezone of the subject site to R-5 and remanded the review of the preliminary plat back to the Hearing Examiner; and WHEREAS, said zoning request being in conformity with the City's Comprehensive Plan, as amended by Ordinance No. 4855, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby rezoned to R-5 (Residential Single Family; five dwelling units per acre) as hereinbelow specified. The Planning/Building/Public Works Administrator is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (The approximately 4.43 acre rezone site is located at 1317 N. 28 h Street, between N. 28t' St. to the north, and N. 26 h St. to the south.) SECTION II. This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk 2 j + ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2003. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1046:10/2/03:ma Jesse Tanner, Mayor 3 .6 Exhibit A LEGAL DESCRIPTION Lots 48 through 51 of Clover Creek, as per plat recorded in Volume 197 of plats, pages 55 though 61, records of King County. 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