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HomeMy WebLinkAboutCouncil 05/10/2004AGENDA 3�v RENTON CITY COUNCIL NL�L REGULAR MEETING May 10, 2004 Monday, 7:30 p.m. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. SPECIAL PRESENTATION: Business Committed to Kids Award 4. PUBLIC HEARING: Proposed R-8 prezoning for the Carlo Annexation site consisting of 37 acres bounded by 136th Ave. SE, 140th Ave. SE, NE 3rd St., and SE 135th St. 5. APPEAL: Planning & Development Committee Report re: Maple Valley Hwy. Card Room INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING State law requires that the City establish a process to handle appeals from application of environmental and developmental rules and regulations. The Renton City Council, feeling it was best for the elected representatives to handle the appeals rather than require citizens to go to court, has retained appellate jurisdiction to itself. The courts have held that the City Council, while sitting as an appellate body, is acting as a quasi-judicial body and must obey rules of procedure of a court more than that of a political body. By City Code, and by State law, the City Council may not consider new evidence in this appeal. The parties to the appeal have had an opportunity to address their arguments to the Planning & Development Committee of the City Council at a meeting previously held. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns to the Planning & Development Committee, the City Council may not consider oral or written testimony at the City Council meeting. The Council understands that this is frustrating to citizens and is outside the normal process of open discourse provided to citizenry during the audience comment portion of the City Council meeting. However, this burden of not allowing the Council to be addressed concerning pending appeals is outweighed by the quick, easy, inexpensive and local appeal process provided by the Renton City Council. 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. (CONTINUED ON REVERSE SIDE). a. Approval of Council meeting minutes of May 3, 2004. Council concur. b. Administrative, Judicial and Legal Services Department recommends approval of the revision to Title III (Departments) of City Code to correctly establish the current City departments, the Mayoral authority to appoint City officers, and the Council confirmation requirements. Refer to Committee of the Whole. c. Community Services Department recommends approval of the 2004 interlocal agreement for waterfowl management (egg addling, lethal control, population monitoring and census), at a cost of $2,410. Council concur. (See for 11. resolution.) d. Development Services Division recommends approval of a master use agreement with Voicestream PCS III Corporation to install wireless communication facilities within City of Renton right-of-way for local service. Refer to Transportation Committee. e. Economic Development, Neighborhoods and Strategic Planning Department recommends approval to include eight text amendments in the 2004 Title IV (Development Regulations) docket work program. Refer to Planning and Development Committee. f. Economic Development, Neighborhoods and Strategic Planning Department requests approval of the 2004-2005 consultant roster for urban planning which contains a list of 26 professional consultants. Council concur. g. Finance and Information Services Department recommends adoption of an ordinance authorizing the creation of ten new unfunded positions in the budget for the purpose of adding staff to cover for long absences of regular full-time employees, or for the time required to train new employees. Refer to Finance Committee. h. Legal Division recommends adoption of an ordinance updating the statute (RCW) numbers for the crimes of possession of marijuana and criminal impersonation in the second degree. Council concur. (See 1 I.e. for ordinance.) 9. CORRESPONDENCE 10. 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 Chair if further review is necessary. a. Committee of the Whole: I-405 Context Sensitive Solutions Design b. Finance Committee: Vouchers; Springbrook Utility Billing System Upgrade Agreement with Bardsley Associates c. Transportation (Aviation) Committee: 2003 Downtown Sidewalk & Curb Ramp Project d. Utilities Committee: Wharton Latecomer Agreement Request for SE 122nd St.; NE 2nd Street Special Assessment District* 11. ORDINANCES AND RESOLUTIONS Resolution: 2004 Waterfowl Management Program interlocal agreement (see 8.c.) Ordinances for first reading: a. Approving the Carlo Annexation (see 4.) b. Establishing zoning for the Carlo Annexation (see 4.) c. Updating RCW numbers for marijuana possession & criminal impersonation (see 8.h.) d. NE 2nd Street Special Assessment District (see 10.d.) e. Outlawing all fireworks & establishing penalties for violation (Council approved 4/26/2004) 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT 14. ADJOURNMENT (CONTINUED ON NEXT PAGE) COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 5:30 p.m. I-405 Corridor Improvement Alternatives; I-405 Context Sensitive Solutions Design; Emerging Issues 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 May 10, 2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Pro Tem Don Persson led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF DON PERSSON, Mayor Pro Tem; RANDY CORMAN; TONI NELSON; COUNCILMEMBERS DENIS LAW; TERRI BRIERE, Council President Pro Tem; MARCIE PALMER. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER DAN CLAWSON. CARRIED. CITY STAFF IN JAY COVINGTON, Chief Administrative Officer; LAWRENCE J. WARREN, ATTENDANCE City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works. Administrator; ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; LESLIE BETLACH, Parks Director; CHIEF LEE WHEELER, DEPUTY CHIEF LARRY RUDE, and FIRE MARSHAL/BATTALION CHIEF STAN ENGLER, Fire Department; DEREK TODD, Assistant to the CAO; COMMANDER TIM TROXEL, Police Department. SPECIAL PRESENTATION Jay Leviton, Director of the Renton School District's Career & Life Skills Human Services: Business Education program, reported that King & Bunnys Appliances is the latest Committed to Kids Award recipient of the Business Committed to Kids award, given on behalf of the Renton School District, City of Renton, Chamber of Commerce, Renton Education Association, and Communities in Schools of Renton as a way to recognize outstanding businesses that support youth in the community. Mr. Leviton stated that King & Bunnys is a strong supporter of the Renton community and makes numerous donations both in resources and time. King Parker accepted the award with appreciation. He introduced King & Bunny's team members, and stated that without them, anything done within the business would not be possible. PUBLIC HEARING This being the date set and proper notices having been posted and published in Annexation: Carlo, 136th Ave accordance with local and State laws, Mayor Pro Tem Persson opened the SE & 140th Ave SE public hearing to consider the proposed annexation and R-8 prezoning of 37 acres, including the abutting street right-of-way, located between 136th Ave. SE on the west, 140th Ave. SE on the east, City limits and SE 132nd'St. on the north, and SE 135th St., if extended on the south (Carlo Annexation). Senior Planner Don Erickson reported that the King County Boundary Review Board approved the annexation on 4/09/2004, and this is the second of two required public hearings on the matter. He noted that the site is immediately east of the proposed Tydico Annexation area, which is pending until the existing legal non -conforming use on that area is abandoned. Mr. Erickson explained that the subject site currently contains 18 single-family dwellings, and is basically flat except for a slope on the southwest corner. Maplewood Creek also traverses the southwest corner, and an existing wetland near 138th Ave. SW spills over onto the northwest corner of the site. Reviewing the public services, Mr. Erickson indicated that Fire District #25, Renton water and sewer, and the Renton School District serve the site. He stated that current King County zoning is R4 (four dwelling units per gross May 10, 2004 Renton City Council Minutes Page 149 acre); and Renton's Comprehensive Plan designates the area as Residential. Single Family, for which R-8 (eight dwelling units per net acre) zoning is proposed. The fiscal impact analysis revealed a deficit of $2,454 at current development and a surplus of $4,727 at full development, assuming a potential of 209 single-family homes and an assessed home value of $290,000. He also noted the estimated one-time parks acquisition and development cost of $111,182.16. In conclusion, Mr. Erickson said the proposed annexation serves the best interests and general welfare of the City, furthers City business goals, and the proposed R-8 zoning is consistent with City policies for single-family rezones. Noting that there is some potential flooding in the area, he suggested mitigation with future development. Public comment was invited. Shirley Milligan, 110 Bremerton Pl. NE, Renton, 98059, stated that her property is located adjacent to the annexation site. She questioned whether there are any plans for greenbelts to separate current properties from future development, and asked what traffic measures are planned when Bremerton Pl. NE, currently a dead-end street, is opened up to access the area. Economic Development Administrator Alex Pietsch explained that annexations are exempt from SEPA (State Environmental Policy Act) review, and issues regarding future development are not addressed during this process. Russell Berg, 14017 SE 139th St., Renton, 98059, reported that 138th Ave. SE is a narrow, two-lane road with open drainage ditches on each side and poor sight distance. Pointing out that this road will provide a majority of the access for any future development, Mr. Berg inquired as to what improvements will be made to 138th Ave. SE so it can handle the additional traffic. Mayor Pro Tem Persson stated that mitigation will be addressed when the development proposal comes forth: Lois Lindberg, 13836 SE 131st St., Renton, 98059, submitted a letter which was read into the record. The letter stated that Mr. and Ms. Lindberg own five properties within the annexation area, and they are opposed to the zoning change for the following reasons: the rural setting will be destroyed; traffic congestion will increase even more; and significant utilities upgrades will run right past their property and require payment. Mr. Persson indicated that the developer incurs the cost of upgrading the roads, the sewer, and the water to the development. The City does not require property owners to connect to the sewer; however, it is available if needed. Lily Bishai Treadwell, 14005 SE 133rd St., Renton, 98059, stated that her property is located just outside the eastern boundary of the annexation site. She reported that six or seven years ago, the water table came up so high that her drain field, and her neighbor's, stopped working and she had to move out of her home for six weeks. Noting that King County installed pipes to help drain that area, she stated that this is not a permanent solution, and the possibility of more flooding due to an increase in development is of great concern to her and her neighbors. Ms. Treadwell asked how much it will cost to hook-up to the City's sewer. Planning/Building/Public Works Administrator Gregg Zimmerman explained that when a developer installs a sewer line, the adjacent property owners are not May 10, 2004 Renton City Council Minutes Page 150 required to participate in the cost of that sewer or required to hook-up unless they choose to do so. Mr. Zimmerman reviewed the variables in determining the cost of an individual property owner hook-up to the sewer in the case of a latecomer agreement, and estimated that the cost may range from $3,000 to $10,000. There being no further public comment, it was MOVED BY LAW, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL ADOPT THE CARLO ANNEXATION ORDINANCE, ADOPT THE ORDINANCE REPLACING KING COUNTY R-4 ZONING WITH RENTON R-8 ZONING, AND HOLD FIRST READING OF BOTH ORDINANCES THIS EVENING. CARRIED. (See page 154 for ordinances.) APPEAL Planning and Development Committee Chair Briere presented a report on the Planning & Development RaMac, Inc. appeal regarding 2217 Maple Valley Hwy. as a card room (File Committee No. LUA-04-013). The Committee met on 5/06/2004 to consider the appeal of Appeal: Maple Valley Hwy RaMac, Inc. This was an appeal of the Hearing Examiner's decision dated Card Room, RaMac Inc, LUA- 1/19/2004. There was a motion to the Hearing Examiner asking for 04-013 reconsideration of his decision. Said motion was filed on 2/02/2004. That motion was denied on 2/05/2004. A timely appeal was filed on 2/19/2004. The subject property is located at 2217 Maple Valley Hwy. The building at that location was previously used as a bingo hall for approximately 30 years. FINDINGS OF FACTS AND CONCLUSIONS OF LAW In the City Code, there are two gambling/gaming uses. Those are Card Rooms and Gaming/Gambling Facilities, not for profit (Zoning Table - City Code 4-2- 060J). Neither use is permitted in the COR (Center Office Residential) zone. The zoning for the subject parcel is COR. The prior use as a bingo hall was a legal non -conforming use. On 10/01/2003, the owner proposed a hypothetical question to the City, inquiring whether using the premises, formerly housing the bingo hall, as a casino would be a change in use. On 10/23/2003, the Development Services Division Director replied that it would be a change in use and, therefore, it would not be allowed as a continuation of the legal non -conforming use. The Hearing Examiner upheld this decision. Before the Committee, the Appellant argued that the use of the premises as a bingo hall is a use for gambling; the use of the hall as a casino is a use for gambling. Therefore, the Appellant argued that the uses were the same, and, therefore the Hearing Examiner committed error by finding that they were different and upholding the decision of the Director. The State legislature has a drawn distinction between bingo halls and card rooms. The Committee considered whether that distinction has anything to do with intensification of the use, a difference in the use, or a difference in the clientele who would avail themselves of the use. However, the Committee would not second-guess the legislature's intent in creating two classifications of gambling. Therefore, the Committee found that there was a difference in the use. Not only has the State legislature drawn a distinction between bingo halls,and card rooms, so has the City. The City Code provisions are 4-11-070 defining a May 10, 2004 Renton City Council Minutes Page 151 Gaming/Gambling Facilities, Not -For -Profit as a facility "operated by a not -for - profit entity where any type of gaming or gambling is the primary attraction." On the other hand, the City Code defines a Card Room as: "a use governed pursuant to the provisions of Chapter 9.46 RCW, 1973 Gaming Act, and licensed by the Washington State Gambling Commission that is ancillary to a permitted use where food and beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use." It was significant to the Committee that the bingo use is a primary attraction whereas the casino use must be ancillary to a permitted use. Therefore, the Committee concluded that the uses are different. Therefore, the Committee found there was no error of fact or law by the Hearing Examiner. The Committee recommended that the Council uphold the decision of the Hearing Examiner. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. 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 2004 and beyond. Items noted included: The King County Superior Court made a preliminary ruling on the Rabanco lawsuit against King County regarding the $10 per ton increase in the regional direct disposal fees (the fee charged by King County for solid waste delivered directly to Cedar Hills Landfill). The judge ruled that King County may pass on the regional direct fee increase to Waste Management, but not to Rabanco. The Rabanco lawsuit is scheduled to go to trial in November, 2004. Since the fee increase will be applied to Waste Management, the Renton Transfer Station hours of operation change that had been put on hold when the lawsuit was filed will now be implemented. On May 11th, the Washington State Criminal Justice Training Commission will host Chief for a Day, a special celebration of life event for children who have been diagnosed with a chronic illness. Fifteen honorary Chiefs and Sheriffs will be transported by police motorcade to Olympia for the swearing -in ceremony by Governor Gary Locke. Renton is sponsoring 14- year-old Wayne Anthony Yarnell. AUDIENCE COMMENT Nora Schultz, 2515 4th Ave., #1607, Seattle, 98121, stated that she wants to Citizen Comment: Schultz - build a duplex on a 5,000 square foot lot located at 541 Wells Ave. N. She R-10 Zone Duplex Lot Size explained that the property is zoned R-10, and due to the overriding density Requirements requirement in the zone, this is not allowed per City Code. She noted that the R-10 Zone treats development of a subdivision differently than the non -plat development of a pre-existing lot. Emphasizing that duplexes are not uncommon in this area, Ms. Schultz asked that City Code be revised so she can develop her property. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL REFER THE R-10 ZONE DUPLEX LOT SIZE REQUIREMENTS TO THE TITLE IV (DEVELOPMENT REGULATIONS) DOCKET FOR REVIEW. CARRIED. 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 May 3, 2004. Council concur. May 3, 2004 May 10, 2004 Renton City Council Minutes Page 152 AJLS: Title III (Departments), Administrative, Judicial and Legal Services Department recommended approval City Code Revision of the revision to Title III (Departments) of City Code to correctly establish the current City departments,, the Mayoral authority to appoint City officers, and the Council confirmation requirements. Refer to Committee of the Whole. Community Services: 2004 Community Services Department recommended approval of the 2004 interlocal Waterfowl Management agreement for waterfowl management (egg addling, lethal control, population Interlocal Agreement monitoring and census), at a cost of $2,410. Council concur. (See page 154 for resolution.) Development Services: Development Services Division recommended approval of a master use Wireless Communication agreement with Voicestream PCS III Corporation to install wireless Facilities, Voicestream communication facilities within City of Renton right-of-way for local service. Refer to Transportation (Aviation) Committee. Planning: Development Economic Development, Neighborhoods and Strategic Planning Department Regulations (Title IV) 2004 recommended approval to include eight text amendments in the 2004 Title IV Docket Work Program (Development Regulations) docket work program. Refer to Planning and Development Committee. Planning: Urban Planning Economic Development, Neighborhoods and Strategic Planning Department Consultant Roster, 2004-2005 requested approval of the 2004-2005 consultant roster for urban planning which contains a list of 26 professional consultants. Council concur. Finance: Unfunded Positions Finance and Information Services Department recommended adoption of an Creation ordinance authorizing the creation of ten new unfunded positions in the budget for the purpose of adding staff to cover for long absences of regular full-time employees, or for the time required to train new employees. Refer to Finance Committee. Legal: RCW Numbers Update, Legal Division recommended adoption of an ordinance updating the statute Marijuana Possession & (Revised Code of Washington) numbers for the crimes of possession of Criminal Impersonation marijuana and criminal impersonation in the second degree: Council concur. (See page 155 for ordinance.) MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Finance Committee Chair Corman presented a report recommending Finance Committee concurrence in the staff recommendation to approve the consultant agreement Finance: Springbrook Utility with Bardsley Associates Inc. to facilitate and implement the upgrade of the Billing System Upgrade, Springbrook Utility System from version 5 to version 6 enhanced (6e). The Bardsley Associates Committee recommended that the Mayor and City Clerk be authorized to execute this consulting agreement. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Corman presented a report recommending approval of Claim Vouchers 226281 - 226662 and two wire transfers totaling $2,435,618.12; and approval of Payroll Vouchers 50305 - 50536, one wire transfer and 578 direct deposits totaling $1,789,484.34. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. May 10, 2004 Renton City Council Minutes Page 153 Committee of the Whole Council President Pro Tem Briere presented a Committee of the Whole report Planning: I405 Context regarding the I-405 Context Sensitive Solutions Renton Advisory Committee. Sensitive Solutions Aesthetic The Washington State Department of Transportation (WSDOT) asked the City Committees, Membership to establish a local advisory task force and designate delegates to a regional committee'that will assist WSDOT in the aesthetic design of the I-405 expansion project. WSDOT has described this discussion as Context Sensitive Solutions (CSS). The Committee recommended that Councilmember and Transportation Committee Chair Marcie Palmer, and Economic Development, Neighborhoods and Strategic Planning Administrator Alex Pietsch, represent the City on the regional aesthetic committee. Council President Don Persson should serve as an alternate. Representation on the Renton I405 Aesthetic Advisory Task Force should be made of citizens from affected neighborhoods, impacted business owners, the Chamber of Commerce, other interested business groups, and City staff. The Committee recommended that the following members be approved: Marcie Palmer, Renton Councilmember; Don Persson, Renton Councilmember; Kristin Craig, Kennydale Neighborhood; Mike O'Halloran, Highlands Neighborhood; Ruthie Larson, Renton Hill Neighborhood; Melinda Webb, North Renton Neighborhood; Toni Martin, Talbot Hill Neighborhood; Bob Moran, South Renton Neighborhood; Shaunta Hyde, The Boeing Company; Paul Moyes, PACCAR; Brad Lang, HAL; Mike Benoit, Flinn Properties; Erin Hamann, Spring Hill Suites by Marriott; Bernie Dochnahl, Greater Renton Chamber of Commerce; Nancy Hoben, Renton Municipal Arts Commission; Alex Pietsch, City of Renton Economic Development Administrator; Peter Renner, City of Renton Facilities Director; and Sandra Meyer, City of Renton Transportation Systems Director. The Committee further recommended that the Economic Development, Neighborhoods and Strategic Planning Department coordinate the task force in conjunction with the Transportation Division and WSDOT. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning and Development Committee Chair Briere presented a report Committee regarding design guidelines for big -box retail. The Committee met 5/06/2004 Planning: Big -Box Retail Uses to consider a proposal to extend applicability of the current urban center Design Guidelines overlay design guidelines to all big -box retail uses north and west of I-405. The Committee recommended that this proposal be processed pursuant to City Code 4-9-025C, exemption procedures, to the Title IV (Development Regulations) revision process. The Committee also recommended that the amendment be referred to the Planning Commission for recommendation on the big -box proposal and consideration of expanding the work program to include design guidelines for commercial uses throughout the City on the sub -area by sub -area basis. It was further recommended that a public hearing be set for 6/07/2004 on the big -box portion of the proposal. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Vice Chair Briere presented a report concurring in the SAD: NE 2nd St recommendation of the Planning/Building/Public Works Department that Council accept the final NE 2nd Street (at Lyons Ave. NE) Special Assessment District establishing a per unit charge of $4,800, and that the ordinance regarding this matter be presented for first reading. The Committee further recommended that Council authorize staff to make final payment to the May 10, 2004 Renton City Council Minutes Page 154 developer for the extension of the sewer main in NE 2nd St. for the final payment amount of $82,290.62. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 155 for ordinance.) Latecomer Agreement: Utilities Committee Vice Chair Briere presented a report concurring in the Wharton, Sewer Extension (SE recommendation of the Planning/Building/Public Works Department that 122nd St), LA-04-001 preliminary approval be given for the Wharton latecomer agreement on SE 122nd St. The Committee further recommended that Council direct staff to proceed with the establishment of the final Wharton latecomer agreement upon completion of the construction of the wastewater improvements associated with the proposed latecomer agreement. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Palmer presented a report regarding Committee the 2003 Downtown Sidewalk and Curb Ramp project. Construction of the CAG: 03-154, Downtown project, by R&J Landscape and Construction, Inc., began 12/08/2003 and was Sidewalk & Curb Ramp, R&J completed 3/16/2004. The original contract amount was $116,070.30. Due to a Landscape and Construction change in scope of work after the contract was signed that involved the removal of 38 trees along the sidewalk and replacing 28 of those trees, the final contract amount was $172,206.35. The final project cost, including the final contract amount plus other staff and in-house costs in the amount of $26,712.52, is $198,918.87. Authorized funds for the project were $183,055.87. An additional $16,000 is needed to close out the project. The Committee recommended that Council: transfer an additional $16,000 for this project from the Walkway Program and Fund 317; make final payment to the contractor in the amount of $6,764; release retainage after 60 days in the amount of $8,610.34, subject to the required authorization; and accept completion of the project. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3690 A resolution was read authorizing the Mayor and Cif Clerk to enter into an Community Services: 2004 interlocal agreement for the Waterfowl (Canada Goose) Management Program Waterfowl Management for the year 2004. MOVED BY BRIERE, SECONDED BY NELSON, Interlocal Agreement COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 5/17/2004 for second and final reading: Annexation: Carlo, 136th Ave An ordinance was read annexing approximately 37 acres located between 136th SE & 140th Ave SE Ave. SE on the west, 140th Ave. SE on the east, City limits and SE 132nd St. on the north, and SE 135th St., if extended on the south (Carlo Annexation). MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/17/2004. CARRIED. Annexation: Carlo, R-8 Zoning An ordinance was read establishing the zoning classification of approximately 37 acres located between 136th Ave. SE on the west, 140th Ave. SE on the east, City limits and SE 132nd St. on the north, and SE 135th St., if extended on the south from R-4 (Urban Residential - four dwelling units per acre; King County zoning) to R-8 (Residential - eight dwelling units per acre); Carlo Annexation. May 10, 2004 Renton City Council Minutes Page 155 MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/17/2004. CARRIED. Legal: RCW Numbers Update, An ordinance was read amending Sections 6-10-1 of Chapter 10, Criminal Marijuana Possession & Code, and 6-12-1, Drug Paraphernalia, Sales or Use, of Title VI (Police Criminal Impersonation Regulations) of City Code by updating the statute (RCW) numbers for possession of marijuana and criminal impersonation in the second degree. MOVED BY LAW, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/17/2004. CARRIED. SAD: NE 2nd St An ordinance was read establishing an assessment district for sanitary sewer service for properties adjacent to NE 2nd St., from Lyons Ave. NE to approximately 300 feet east of Lyons Ave. NE, and establishing the amount of the charge upon connection to the facilities. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/17/2004. CARRIED. Public Safety: Fireworks An ordinance was read amending Section 1-3-2.C.l.e(1) of Chapter 3, Remedies and Penalties, of Title I (Administration); adding Section 4-5- 070.C.73 of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations); and adding Section 6-10-1.0 of Chapter 10, Criminal Code, of Title VI (Police Regulations) of City Code by outlawing all fireworks and establishing penalties for violation of the fireworks laws. MOVED BY LAW, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 5/17/2004. CARRIED. City Attorney Larry Warren pointed out that there is a proposal pending for a change from the Uniform Fire Code to the International Fire Code (IFC), and the fireworks ordinance amends this not -yet -adopted document. He stated that the IFC ordinance is forthcoming, and recommended that after second reading of the fireworks ordinance next week, it be held until the adoption of the IFC ordinance. Both ordinances can then be published at the same time. ADJOURNMENT MOVED BY LAW, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 8:29 p.m. .•Sa -&Ja BONNIE 1. WALTO, City Clerk Recorder: Michele Neumann May 10, 2004 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING May 10, 2004 COMMITTEE/CHAIRMAN DATE/TIME. AGENDA COMMITTEE OF THE WHOLE (Persson) COMMUNITY SERVICES (Nelson) FINANCE (Corman) PLANNING &DEVELOPMENT (Briere) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Clawson) MON., 5/17 Emerging Issues; 6:00 p.m. City Policy & Procedure #800-03; *Council City Code Title III (Departments) Conference Revision Room* MON., 5/17 Motorized Scooters; 4:30 p.m. Ron Dee Voo Tavern Disturbances (briefing only); Illegal Street Racing (briefing only) NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. Y v CARLO ANNEXATION PUBLIC HEARING COUNCIL ACCEPTANCE OF THE CARLO ANNEXATION AND EFFECTUATION OF R-8 ZONING May 10, 2004 The City is now in receipt of the Boundary Review Board's notice of approval for this 37-acre annexation site. Previously the "50/50 Method" Direct Petition to Annex was certified by both the King County Department of Assessments and the King County Records, Elections and Licensing Division as a valid petition. The petition signers, representing a majority of both the registered voters and the acreage within the annexation area, agreed to accept R-8 zoning upon annexation as well as have property owners within the annexation area assume their proportionate share of the City's outstanding indebtedness. The annexation site abuts the City on portions of its northern and western boundaries (see reverse side). 1361h Avenue SE (Bremerton Avenue NE), if extended, would define its western boundary and 140th Avenue SE, if extended, would define its eastern boundary. It currently consists of 20 parcels with an estimated 18 single-family detached dwellings on it. Council is holding tonight's public hearing in order to decide whether it now wishes to "effect" this annexation by ordinance, annexing all or any portion of the proposed area. Council is also holding the second of two required public hearings on the proposed R-8 zoning for the annexation area, or portions thereof, if it decides to effect the Carlo Annexation. Ordinances have been prepared for their first reading (later in the meeting) if the Council decides to proceed with the annexation area as transmitted to and approved by the Boundary Review Board. Council Hearing Handout 05-10-04.doc\ r Existing Conditions • Initially submitted in June, 2003 • 10°io Public Hearing on August 4, 2003 • New 50/50 Method Direct Petition received October 10, 2003 • Council accepted 50/50 Direct Petition to Annex on February 9, 2004 • Council held first of two required public hearings on proposed R-8 zoning also on February 9, 2004 • Proposed Carlo annexation approved by King County Boundary Review Board April 12, 2004 Carlo Annexation 2"a Public Hearing on R-8 Prezone Annexation Disposition May 10, 2004 Existing Conditions • PAA - Within Renton's Potential Annexation Area • Location - Between 136th Ave SE on the west and 140th Ave SE on the east, city limits and SE 132nd Street on the north, and SE 135th, if extended, on the south. • Size - + 37 acres, including abutting street ROW • Current Use - 18 single-family dwellings • Boundaries - site abuts Renton on portions of its northern and western boundaries Existing Conditions - Vicinity • Site is immediately east of Tydico Annexation site • Tydico site is pending Vicinity Map Existing Conditions - Structures • CutTently 18 single family dwellings on site Structures Map Existing Conditions -Sensitive Areas • Maplewood Creek traverses southwest corner of site. • An existing wetland near 138th Ave SW spills over onto the northwest corner site Sensitive Areas flap Existing Conditions - Public Services Existing Conditions - Topography • Site is basically flat except for southwest corner where 25%-40% slopes exist Topography Map "R. f� �� e. a-•- � •, � .mod ., asp 5r+�. \ ' 2 53 Viexc looking northeast towards eastern portion of site near SE 115th St King County Comp Plan Designation and Current Zoning • Fire - Fire District 25 • Utilities K.C. Land Use Map - - M ithin Renton Water Urban Residential Utility Service Area 4-12du/acre (gross) — Within Renton Sewer Utility Service Area (�! K.C. Zoning - • Schools R-4, Residential 4 du/ac — Within Renton School ° '. (gross) District @k , .It.. County Zoning Map 7, U 4-. 7 C7, N C) C O O C C,3 O o0 n w N m 00 0 � E �a E 0 E E � O. QL i QvNi d r _ L 47Y rn U ,N C � bA � O a b cJ O N O v ,n O C > b cd C u b �'VrCi T b O y.° ,.. .T. _ _ U b 4° A .b "_p �'^ ¢ 010 w N t% a cn n. w M u 00 0 N 87y O rn u 0 � cz to O on N ccu O U ° o C4b R CIS O to c U'� � od c cs 0 ow 0 t c u 0 u 1� .b 'c N (-tan ?y1r� 1{Ca�rn� FROM; Paul A. and Lois A. Lindberg owners of the properties at. 5` j%0 Y 13809 SE 131 st, Renton WA 98059 (my brother Phil) 13832 SE 131st, Renton WA 98059 (my sister Ruth) 13836 SE 131 st, Renton WA 98059 (our personal residence) 13844 SE 131 st, Renton WA 98059 (my sister Beth) 13845 SE 131 st, Renton WA 98059 (our son Tim) TO; RENTON CITY COUNCIL, SUBJECT: Proposed R-8 prezoning for the Carlo Annexation site. For the record, we oppose the subject zone change, for the following reasons. 1. We moved here (27 years ago) because we like the rural setting. The ap- proaching "big city" is destroying our lovely rural neighborhood. 2. There is already too much traffic congestion on all the surrounding roads. Such a zone change can only result in more congestion. Renton traffic has proven them- selves unable to handle even the simple task of installing and timing stop lights, setting proper speed limits, or putting stop signs in- the correct places. Until they figure out how to do that, all growth within the entire area should be halted. 3. Such a zone would demand significant utilities upgrades (power, water, sewers) which would have to run right past our property. From past experience we antic- ipate that Renton would try to make us pay (in part) for these upgrades, ever. though we receive negative benefit from them. We live on a very limited budget and do not have the money to pay for someone else's sewers! 4. Our dealings with the City Council has frankly left a very bad taste in our mouths, and we do not want Renton any closer to us. This is not to denigrate any of you currently on the council, but Renton City Council has given us a hard time at several occasions in the past, and we don't want to go through it again. Thank you for your consideration. s'��olg Paul A. Lindberg Lois A. Lindberg 4,, . (�,-jp �4Ltvl�a,�r� f �blc� 1-fCarir�� FROM; Paul A. and Lois A. Lindberg owners of the properties at. 5° %� 13809 SE 131 st, Renton WA 98059 (my brother Phil) 13832 SE 131 st, Renton WA 98059 (my sister Ruth) 13836 SE 131 st, Renton WA 98059 (our personal residence) 13844 SE 131 st, Renton WA 98059 (my sister Beth) 13845 SE 131 st, Renton WA 98059 (our son Tim) TO; RENTON CITY COUNCIL, SUBJECT: Proposed R-8 prezoning for the Carlo Annexation site. For the record, we oppose the subject zone change, for the following reasons. 1. We moved here (27 years ago) because we like the rural setting. The ap- proaching "big city" is destroying our lovely rural neighborhood. 2. There is already too much traffic congestion on all the surrounding roads. Such a zone change can only result in more congestion. Renton traffic has proven them- selves unable to handle even the simple task of installing and timing stop lights, setting proper speed limits, or putting stop signs in the correct places. Until they figure out how to do that, all growth within the entire area should be halted. 3. Such a zone would demand significant utilities upgrades (power, water, sewers) which would have to run right past our property. From past experience we antic- ipate that Renton would try to make us pay (ill part) for these upgrades, ever. though we receive negative benefit from them. We live on a very limited budget and do not have the money to pay for someone else's sewers! 4. Our dealings with the City Council has frankly left a very bad taste in our mouths, and we do not want Renton any closer to us. This is not to denigrate any of you currently on the council, but Renton City Council has given us a hard time at several occasions in the past, and we don't want to go through it again. Thank you for your consideration. CI�e.QiC� , Paul A. Lindberg Lois A. Lindberg PLANNING & DEVELOPMENT COMMITTEE REPORT May 10, 2004 APPROVED BY Date The Planning. and Development Committee met on May 6, 2004 to consider the appeal of RaMac, Inca This in an appeal from the Hearing Examiner's decision dated January 1% 2004. There was a motion to the Hearing Examiner asking for reconsideration of his decision. Said motion was filed on February 2, 2004. That motion was denied on February 5, 2004. A timely appeal was,filed ton February 19, 2004. The subject property is located at 2217 Maple Valley Highway. The building at that location was previously used as a Bingo hall for approximately 30 years. ry •d,`. - x .t is FINDINGS OF FACTS AND,CONCLUSIONS.OF LAW R In the city code there arse two. gambling/gamrrig uses Those are Card Rooms and Gaming/Gambling Facilities; Not'For Profit 'See:Zoning Table'at 2 14. Neither use is permitted in the COR cone. The zoning for the subject parcel is COR. The prior use as a Bingo Hall was a legal non- conforming use. , f; On October 1, 2003; the owner proposed a hypothetical ,question to the city; inquiring whether using the premises formerlyhousing vthe ;Bingo Hall, as a "casino" would be a change in use. On October 23, 2003, the Development Services Division Director replied that it would. be a -change. in use and, therefore, it would not be allowed as a continuation of the legal non -conforming use. The Hearing Examiner upheld this decision. Before the Planning & Development Committee, the Appellant argued that the use of the premises as a. Bingo Hall is a use for gambling; the use of the hall as a Casino is a use for gambling. Therefore; Appellant argued that the uses were the same, and, therefore the Hearing Examiner committed error by finding that they were different and upholding the decision of the Director. The state legislature has drawn a distinction between. Bingo Halls and Card Rooms. The committee considered whether that distinction has anything to do with intensification of the use, a difference in the use, or a difference in the clientele who would avail themselves of the use. However, the committee would not second-guess the legislature's Planning & Development Committee Report Urban Crafts Page 2 intent in creating two classifications of gambling.. Therefore, the Committee found that there was a difference in the use. Not only has the state legislature drawn a distinction between bingo halls and card rooms, so has the city. The city code provisions are RMC 4-11-070 defining a Gaming/Gambling Facilities, Not For Profit as a facility "operated by a not -for -profit entity where any type of gaming or gambling is the primary attraction." On the other hand, the city code defines a Card Room as: "a use governed pursuant to. the provisions of Chapter 9.46 RCW, 1973 Gaming Act, and licensed by the Washington State Gambling. Commission_ that is ancillary to a permitted use where food and beverages are. served on the premises and whose purpose is to serve as a commercial -stimulant to the principal activities associated with the primary use. It was significant to the Committee that the bingo use is a primary attraction whereas the 'casino use must ,be ancillary to a' permitted use. Therefore, the Committee concludes that the uses are different. Therefore, the Planning & Development Committee found there was no error of fact or 'law by the Hearing Examiner: The Committee recommends that the Council uphold the decision of the Hearing Examiner Tern BriereJChair CITY OF RENTON MEMORANDUM DATE: May 10, 2004 TO: Don Persson, Council President Members of the Renton City Council FROM: Kathy Keolker-Wheeler, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day to -day activities, the following items are worthy of note for this week: PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT The King County Superior Court made a preliminary ruling on the Rabanco lawsuit against King County regarding the $10 per ton increase in the regional direct disposal fees (the fee charged by King County for solid waste delivered directly to Cedar Hills Landfill). The judge ruled that King County may pass on the regional direct fee increase to Waste Management, but not to Rabanco. The Rabanco lawsuit is scheduled to go to trial in November 2004. Since the fee increase will be applied to Waste Management, the Renton Transfer Station hour change that had been put on hold when the lawsuit was filed is now planned to be implemented. On or around June 28`h the hours that the Renton Transfer station will be open will be from 6:15 a.m. (currently 8:00 a.m.) to 4:00 p.m., Monday through Friday. On Saturday and Sunday the hours will be from 9:00 a.m. to 5:00 p.m.; however, the station will close at. 6:00 p.m. on the weekends from April 15t' through September 15"'. On May 28`h, King County intends to send a written one -month notification to the cities about schedule changes at the transfer stations. POLICE DEPARTMENT On Tuesday, May I lth, the Washington State Criminal Justice Training Commission (WSCJTC) will host Chief For a Day, a special celebration of life event for children who have been diagnosed with a chronic illness. It is a unique partnership between the WSCJTC and city, county, state, and federal law enforcement agencies, hospitals, and the community that, for a day, become a part of the lives of some very special children. Fifteen honorary Chiefs and Sheriffs will be transported by police motorcade to Olympia for the swearing -in ceremony by Governor Gary Locke. Afterwards, these children will preside over a day filled with presentations and demonstrations by law enforcement agencies from around Washington State, including K-9 teams, SWAT teams, mounted police, police helicopters, and much more. Renton is sponsoring 14-year-old Wayne Anthony Yarnell (Children's Hospital) who will be accompanied by his mom, dad, brother, and sister. During the ceremony, Chief Anderson will be pinning Renton's Chief badge on Wayne. For the event, Renton will be providing two canine officers, two bicycle patrol officers, and a Renton promotional table. Administrative Report May 10, 2004 Page 2 During the week of May 11-17, 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 Ma 11-17 Date 6:00 a.m. to Noon Noon to 6:00 p.m. All Da Motorcycles/Cars Motorcycles/Cars Radar Trailer May 11, Tuesday SW Sunset Blvd (turns/speed) 600 blk Williams Ave S (speed) 1400 Houser Way (speed) Rainier Ave N (speed) 200 blk Edmonds Ave SE May 12, Wednesday SW 43 St (speed) 300 blk Sunset N (speed) Royal Hills/Lk Youngs (stop signs) SE 16`s/Lk Youngs (stop signs) 200 blk S 2nd St May 13, Thursday Lk Washington Blvd (speed) SW Sunset Blvd (turns/speed) Maple Valley Hwy (speed) 700 blk SW Grady Way (speed) 3700 blk Sunset Blvd NE May 14, Friday 700 blk SW 43 Id St (speed) Rainier Ave N (speed) 2700 blk Benson Dr (speed) 43`d/E Valle Rd (red lights) 3700 blk Sunset Blvd NE May 17, Monday 1100 blk Carr Rd (speed) Rainier Ave N (speed) Rainier Ave N (speed) 1400 Houser Way (speed) 200 blk S 2 Ild St RECEIVED CITY OF RENTON MAY 1 0 2004 PLANNING/BUILDING/PUBLIC WORKS DEPARTAIWCWMUMM MEMORANDUM CITY OF RENTON MAYi 0 2004 DATE: MAY 6, 2004 IRE C EIVED CITY CLEr;K`31 OFFICE: TO: TERRI BRIERE FROM: NEIL WATTS /� ,k� SUBJECT: NORA SCHOLTZ — R-10 DUPLEX LOT SIZE REQUIREMENTS Nora Scholtz will be attending the Council meeting on May 10th. She will be speaking during the audience comment period. She owns a piece of property on Park Av N, which is zoned R-10. She wants to be able to build a duplex on the property, but is not currently allowed by City code to do this. While a duplex is permitted within the R-10 zone, the density requirement cannot be met with her property. Per the density requirement, which is limited to 10 units per acre, a duplex requires a minimum lot size for an existing lot of 8712 square feet. The site in question is under this area. The R-10 code would permit the subdividing of a larger parcel into new duplex lots as small as 5000 square feet. The code language is not entirely clear on these different minimum lot size dimensions. A determination was made (see copy attached) addressing the minimum lot size requirements for the R-10 zone. In order to grant Nora Scholtz's request for approval of a duplex on her property, a code revision would be required. If the minimum lot sizes required for lots within a new subdivision were applicable to existing lots, her request could be approved. cc: Jay Covington Gregg Zimmerman Alex Pietsch Attachment MUNICIPAL CODE SECTION: Section 4-2-110F, Development Standards for Residential 10- Dwelling Units Per Acre (R-10) Zoning District, Density and Minimum Lot Size REFERENCE: Comprehensive Plan Policy #LU-41, Residential Options and Planned Neighborhood General Policies SUBJECT: Clarification of applicability of density and lot size limits to various projects in the R-10 Zone. BACKGROUND: Comprehensive Plan Policy #LU-41, Residential Options and Planned Neighborhood General Policies states: "Provision of small lot detached unit types, townhouses and multi family structures compatible with a single family character should be encouraged provided that density standards can be met." Section 4-2-020G of the Renton Municipal Code explains the purpose of the R-10 Zone which implements the Residential Options Comprehensive Plan Designation: "The Residential-10 Dwelling Units Per Acre (R-10) Zone is established for medium density residential development that will provide a mix of residential styles including detached dwellings or semi -attached dwellings on small lots, attached townhouses, and small-scale attached flat dwellings. Development promoted in the zone is intended to increase opportunities for detached and semi -attached single family dwellings as a percent of the housing stock, as well as allow some small-scale attached housing choices and to create high -quality infill development that increases density while maintaining the single family character of the existing neighborhood. Allowable base densities range from seven (7) to ten (10) dwelling units per acre, with a total density bonus of thirteen (13) dwelling units per acre for one hundred percent (100%) detached dwellings. The zone serves as a transition to higher density multi -family zones." Section 4-2-110F of the Renton Municipal Code specifies the development standards applicable to R-10-zoned properties: This section of the Code states that the maximum density "for all developments or subdivisions including attached or semi -attached dwellings": is "l0 dwelling units per net acre„. Section 4-11-040D of the code defines development as: "The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance and any use or extension of the use of land." However, Section 4-2-110F also states that "Density requirements shall take precedence over the following minimum lot size standards." This Section goes on to state that the "minimum lot size for lots created after July 11, 1993" is: "For parcels which exceed 1/2 acre in size: Detached and semi -attached dwelling units: 3,000 sq. ft. per dwelling unit. Attached townhouse dwelling units: 2,000 sq. ft. per dwelling unit. 2 flats: 5,000 sq. ft. per structure. 3 flats: 7,500 sq. ft. per structure. 4 flats: 10,000 sq. ft. per structure." and "For parcels that are 1/2 acre or less in size as of March 1, 1995: No minimum lot size requirement when they are subsequently subdivided. Density requirements shall apply." JUSTIFICATION: The maximum allowable density of the R-10 Zone (10 or 13 dwelling units per acre depending on dwelling unit type) is inconsistent with the above listed minimum lot sizes theoretically allowable through the platting process. If the intent of the zone was to maintain compliance with the density limitations on a "per lot basis", minimum lot sizes would have to be significantly larger than those listed above. The statement that density allowances take precedence over the minimum lot sizes preceding the lot size minimums was meant for new subdivisions only and was not meant to allow infill of multi -family structures on existing lots that did not comply on a "per lot basis". For purposes of determining allowable density, the R-10 Zone apparently intends to treat development of a subdivision differently from non -plat "development" of a pre-existing legal lot. The code also seems to intend to treat subdivisions of less than or greater than one half acre differently. Clarification is needed regarding whether the lot size minimums or density requirements prevail for various types of developments. DECISION: Developments (other than subdivisions and short plats) on pre-existing lots created prior to July 11, 1993: For new construction on existing parcels, the density limitations of the zone apply on a "per lot basis". In this case, the density limits supercede the conflicting minimum lot size standards. e.g. a 10,000 square foot R-10 lot would only allow construction of a duplex. Subdivisions and short plats of parent parcels of one half an acre or less: There are no minimum lot sizes, but the overall density of the plat must comply with R-10 Zone density allowances. Subdivisions and short plats of parent parcels of greater than one half an acre: The density limitations of the zone apply to the overall development as a whole and individual lots within the plat may be developed based upon the minimum lot size for the type of structure desired. However, covenants on such plats will likely be required to ensure that the maximum density of the overall plat is not exceeded. In this case, the overall plat development will be in compliance with density limits even though individual lots may be developed with structures that may exceed allowable density when looked at on a "per lot basis". e.g. a 10,000 square foot lot may be developed with a 4-plex (even though this individual lot's development exceeds the allowable density), provided the overall subdivision complies with density allowances. DIVISION HEAD APPROVAL: DATE: /�I D 1I • 3 APPEAL PROCESS: To appeal this determination, a written appeal —accompanied by the required $75.00 filing fee --must be filed with the City's Hearing Examiner (1055 South Grady Way, Renton, WA 98055, 425-430- 6515) no more than 14 days from the date of this decision. Your submittal should explain the basis for the appeal. Section 4-8- 110 of the Renton Municipal code provides further information on the appeal process. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. AJLS/Mayor's Office Staff Contact...... Derek Todd, Assistant to the CAO Subject: Amendment to Renton Municipal Code, Title III, Departments Exhibits: Issue Paper Draft Title III, Chapters 1-8 Al #: o For Agenda of: May 10, 2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... X X Recommended Action: Approvals: Legal Dept......... X Refer to Committee of the Whole Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Because Renton Municipal Code, Title III, Departments, is outdated, staff has prepared and compiled revisions in order to correctly establish the current City Departments, the Mayoral authority to appoint City officers, and Council confirmation requirements. Additionally, the authority, duties, qualifications and compensation of the appointed officers have been established. Effort has been made to provide consistency in language and format throughout each of the chapters for the eight departments. STAFF RECOMMENDATION: Approve Renton Municipal Code, Title III, Departments and Officers, Chapters 1-8, as revised, and adopt the ordinance(s) related to this matter. Y +'�; " ± ADMINISTRATIVE, JUDICIAL, AND LEGAL 1 SERVICES DEPARTMENT M E M O R A N D U M DATE: May 6, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: ps K�(d Kathy Keolker-Wheeler, Mayor FROM: Derek Todd, Assistant to the CAO Tr SUBJECT: Amendment to Renton Municipal Code, Title III Departments — Council Confirmation of Department Administrators ISSUE: At the January 13-14, City Council Workshop, staff was directed to update the Renton Municipal Code to require Council confirmation during the hiring of all Department Administrator positions. Since that time, each department has been working on drafts of the various chapters of Title III which contains descriptions of the City's departments, including general requirements for administrator appointments. This review has lead to not only the insertion of Council confirmation language for Department Adminstrator positions, but also to additional text modifications that bring the content of Title III into alignment with the current organization of the City. There will be additional modifications recommended for this title in the future as the Administration continues to review and refine its contents. RECOMMENDATION: Approve Renton Municipal Code, Title III, Departments and Officers, Chapters 1-8, as revised, and adopt the ordinance(s) related to this matter. cc: Jay Covington, Chief Administrative Officer Bonnie Walton, City Clerk Larry Warren, City Attorney DRAFT D 0 � 5-6-2004 TITLE III DEPARTMENTS AND OFFICERS Subject Administrative, Judicial and Legal Services Community Services Economic Development, Neighborhoods, and Strategic Planning Finance And Information Services Fire Human Resources and Risk Management Planning/Building/Public Works Police Chapter I 2 3 4 5 6 7 8 D a 5-6-2004 Draft Ch.1 CHAPTER 1 ADMINISTRATIVE, JUDICIAL AND LEGAL SERVICES DEPARTMENT SECTION: 3-1-1 Establishment of Department 3-1-2 Chief Administrative Officer. 3-1-3 Mayor's Office 3-1-4 City Attorney Office 3-1-5 City Clerk Office 3-1-6 Hearing Examiner Office 3-1-7 Municipal Court Services 3-1-1 ESTABLISHMENT OF DEPARTMENT: There is hereby established the Administrative, Judicial and Legal Services (AJLS) Department. This department, consisting of five separate offices, is established and grouped for budget organization purposes, not as a delegation collectively responsible for a portion of the sovereign power of government. 3-1-2 CHIEF ADMINISTRATIVE OFFICER: A. Position Established and Appointment: There is hereby established the position of Chief Administrative Officer who shall be the chief appointed official in the city. The chief administrative officer shall be appointed by, report to, and serve at the pleasure of the mayor. Appointment of the chief administrative officer shall be subject to confirmation by a majority of the City Council. B. Duties: The chief administrative officer shall manage the offices of administration as established in this title and shall have general oversight of all city departments as delegated by the mayor. The chief administrative officer shall be responsible for the city's general operations, public relations and governmental affairs. The chief administrative officer shall perform other duties as prescribed by the council and/or directed by the mayor. C. Compensation: The compensation of the chief administrative officer shall be as determined and provided for in the annual City budget and as otherwise provided by law. D. Qualifications: The chief administrative officer must have those qualifications deemed necessary for this job by the mayor, indicated on the city's Chief Administrative Officer job classification. 3-1-3 MAYOR'S OFFICE: The Mayor's Office shall be responsible for the coordination of various internal and external issues and programs, including community relations, special events, and the facilitation of internal and external communications efforts. This office shall be responsible to plan, organize, coordinate and direct the activities, services, operations, budgets and policy formulation for these functions. 2 5-6-2004 Draft Ch. 1 3-1-4 CITY ATTORNEY OFFICE: A. Office Established and Appointment: There is hereby established the office of City Attorney in and for the City, pursuant to the laws of the State of Washington. The position of City Attorney shall be filled by appointment by the Mayor, subject to confirmation by a majority of the City Council. B. Duties: The City Attorney shall be the legal advisor of the Council and of all of the officers, commissions and boards of the City in relation to matters pertaining to their operations in a governmental capacity. The City Attorney shall represent the City in all litigation, in all courts in which the City is a party or directly interested and shall prosecute all violations of the provisions of this Code and act generally as Attorney for the City and the several departments of the City government, together with such additional duties as the Council may prescribe by ordinance from time to time. C. Compensation: The City Attorney's office shall receive such compensation for general services as the Council may, from time to time, establish in the City's annual budget, provided, however, that such payment for general services shall not include payment for supplemental services. General and supplemental services shall be set forth in the contract between the City and the City Attorney's Office. D. Additional Compensation: In the event that supplemental services are required, or unusual or extraordinary services, then the City Attorney's office shall charge for such services at an hourly rate as agreed to between the City and the City Attorney, such hourly rate to not be more than that generally charged by attorneys of like experience and skill in the King County area. 3-1-5 CITY CLERK OFFICE: A. Office Established and Appointment: There is hereby established the office of the City Clerk in and for the City, pursuant to the laws of the State of Washington. The position of City Clerk shall be filled by appointment by the Mayor. B. Duties: The city clerk shall have all of the powers granted and duties imposed by authority of the laws of the state and ordinances of the city now existing or subsequently adopted. The City Clerk shall be a full-time, non -civil service position who shall be in charge of the City Clerk's Office. The City Clerk, or deputy as assigned by the City Clerk, shall attend all meetings of the City Council and keep a complete record of the proceedings thereof; and have custody of the City's seal, the original roll of ordinances, the original contracts, deeds and certificates relative to the title of any property of the City and such other records or documents as are required to be deposited with the City. The City Clerk shall attest all public instruments and official acts of the Mayor and shall provide certified 3 5-6-2004 Draft Ch. 1 copies of original records as may be required and make such charge therefor as provided by ordinance. The City Clerk shall also serve as the city's cable television manager, in charge of cable franchise administration and the operations of the government access cable television channel. C. Compensation: The compensation of the City Clerk shall be as determined and provided for in the annual City budget and as otherwise provided by law. D. Qualifications: The city clerk must have those qualifications deemed necessary for this job by the mayor or his/her designee, indicated on the city's City Clerk job classification. 3-1-6 HEARING EXAMINER OFFICE: A. Office Established and Duties of Hearing Examiner: The office of the Hearing Examiner, hereinafter referred to as Examiner, is hereby established. The Examiner shall interpret, review and implement land use regulations as provided in this Chapter and other ordinances. The term Hearing Examiner shall likewise include the Examiner Pro Tem. B. Appointment and Term of Hearing Examiner: 1. Reappointment: The Examiner and the Examiner Pro Tem shall be appointed by the Mayor of the City, with the confirmation or concurrence of not less than four (4) members of the Renton City Council, and such appointment shall be for a term of four (4) years commencing February 1, 1997. The term shall thereafter expire on the last day of January of every such four (4) year term. 2. Initial Appointment: For the initial appointment of an individual to the Hearing Examiner's position, however, the initial term of office shall be a shorter probationary period. The initial term shall expire on the last day of January of the next odd -numbered year. Should the resulting term be one calendar year or less, then the term shall expire on the last day of January of the next succeeding odd -numbered year so that the initial term of the Hearing Examiner shall be not less than one calendar year nor more than three (3) calendar years. C. Compensation: The compensation of the Hearing Examiner shall be as determined and provided for in the annual City budget and as otherwise provided by law. D. Removal: The Examiner or the Examiner Pro Tem may be removed from office at any time by the affirmative vote of not less than five (5) members of the City Council for just cause. E. Qualifications: The Examiner and Examiner Pro Tem must have those qualifications deemed necessary for this job by the mayor, indicated on the city's Hearing Examiner job classification. 0 5-6-2004 Draft Ch.1 F. Examiner Pro Tempore Duties: The Examiner Pro Tern shall, in the event of the absence or the inability of the Examiner to act, have all the duties and powers of the Examiner. G. Conflict of Interest and Freedom from Improper Influence: The Examiner shall not conduct or participate in any hearing or decision in which the Examiner has a direct or indirect personal interest, which might exert such influence upon the Examiner that might interfere with his decision -making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. Participants in the land use regulatory process have the right, insofar as possible, to have the Examiner free from personal interest or prehearing contacts on land use regulatory matters considered by him. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or pre -hearing interest contact impairs the Examiner's ability to act on the matter, such person shall so state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said Examiner. H. Freedom from Improper Influence: No Council member, City official, or any other person shall attempt to interfere with or improperly influence the Examiner in the performance of his designated duties. 3-1-7 MUNICIPAL COURT SERVICES: A. Establishment of Municipal Court: 1. There is hereby created and established an inferior court to be known and designated as a municipal court, entitled the Municipal Court of the City of Renton which Court shall have exclusive original criminal jurisdiction of all violations of City laws and shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such City laws or by any State statutes. The Municipal Court shall further have jurisdiction and shall exercise all powers granted by chapter 6 of said Justice Court and other Inferior Court Reorganization Law, (chapter 299, laws of 1961), together with such other powers and jurisdictions as are generally conferred in this State by either common law or by express statute upon said Municipal Court. 2. The Municipal Court of the City of Renton has operated under chapter 3.50 RCW. The Court Improvement Act of 1984, chapter 258, laws of 1984, amends chapter 3.50 RCW. Under the authority of chapter 258, laws of 1984, there is recreated and established the Municipal Court of the City of Renton, which such Court shall exercise the charges and powers designated under that Act, including but not limited to service of process, and imposition of criminal penalties, chapter 258, laws of 1984 as same may be applicable to the Municipal Court is incorporated herein by reference as if fully set forth. Copies thereof have been filed with the City Clerk as required by RCW 35A.12.140 for use and examination by the public. 5 5-6-2004 Draft Ch. 1 B. Election, Term and Qualifications of Judge: The Judge of the Municipal Court shall be elected in the same manner as other elective city officials are elected to office, and the term of the municipal judge shall be for a term of four years commencing on January 1, 1986, and every four years thereafter. The person elected as Municipal Judge shall be a citizen of the United States and of the State and an attorney duly admitted to practice law before the courts of record of the State. Additional part-time judges may be appointed by the Mayor, subject to the confirmation or concurrence of a majority of the members of the City Council, in the same manner as hereinbefore set forth, whenever public interest and the administration of justice require the appointment of such additional judges. C. Compensation of Judge: The compensation of the Municipal Court Judge shall be as determined and provided for in the annual City budget and as otherwise provided by law. D. Judges Pro Tem: 1. The Judge shall appoint Judges Pro Tem who shall act in the absence, disability or temporary disqualification of the regular Municipal Court Judge, or because of the number of types of cases there is a requirement, on any particular day, for more than one judge. The Judges Pro Tem shall be qualified to hold the position of Judge of the Municipal Court as provided for in Section 3-1-6.A.1 hereinabove. 2. Such Pro Tem Judges shall receive hourly compensation for handling the calendar on any regular or special court day. Such compensation shall be determined in the annual city budget process. E.. Deposit of Revenues: All fees, costs, fines, forfeitures and other monies imposed or collected by any Municipal Court for the violation of any Municipal law, together with any other revenues received by the Municipal Court, shall be deposited with the Finance and Information Services Administrator as part of the General Fund. F. Court Hours: The Municipal Court shall be open and shall hold regular sessions on the dates and times established by the Municipal Court Judge. Additional court times beyond the regular sessions may be established when the need arises. G. Pleadings, Practice and Procedure: Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to Municipal Courts shall, insofar as applicable, be governed by the statutes and rules now existing including the applicable provisions of chapter 299, State of Washington session laws for 1961, or as may hereafter be adopted governing the pleadings, practice and procedure applicable to Justice Courts. H. Appointment and Qualifications of Court Director: The Mayor shall appoint the court director, based on those qualifications deemed necessary for the job, as indicated in the city's Court Services Director job classification. 0 DRAFT,,, 5-6-2004 Draft Ch. 2 Chapter 2 COMMUNITY SERVICES DEPARTMENT SECTION: 3-2-1: Establishment of Department and Duties of Administrator 3-2-2: Appointment and Compensation of Administrator 3-2-3: Qualifications Of Administrator 3-2-4: Parks Division 3-2-5: Recreation Division 3-2-6: Facilities Division 3-2-7: Library Division 3-2-8: Appointment and Qualifications of Division Directors 3-2-1 ESTABLISHMENT OF DEPARTMENT AND DUTIES OF ADMINISTRATOR: A. There is hereby created and established the Community Services Department, which shall be under the supervision of the Community Services Department Administrator. Said Department shall be organized into different divisions including, but not limited to, the following: 1. Parks Division. 2. Recreation Division. 3. Facilities Division. 4. Library Division. B. The duties of the Administrator shall be to plan, organize, coordinate and direct the City's community services functions including parks, recreation, libraries, human services and municipal facilities maintenance; coordinate the acquisition of parks and open space lands; oversee work plans and provide relevant information to the Mayor and City Council; supervise and evaluate the performance of assigned personnel. The Administrator shall also oversee the Human Services section, which is responsible to plan, organize, develop and implement a variety of human services for qualified City residents; and manage the Community Development Block Grant program (CDBG) in accordance with established policies, procedures, regulations and requirements. 3-2-2 APPOINTMENT AND COMPENSATION OF ADMINISTRATOR: The Community Services Administrator shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. The compensation of the Community Services Administrator shall be as determined and provided for in the annual City budget and as otherwise provided by law. 3-2-3 QUALIFICATIONS OF ADMINISTRATOR: The Community Services Administrator must possess those qualifications deemed necessary for this job by the Mayor or his/her designee, indicated on the city's Community Services Administrator job classification. 3-2-4 PARKS DIVISION: The Parks Division shall be responsible to plan, organize and direct the operation, maintenance and development of the City's parks and outdoor recreation facilities, municipal golf course and landscaping/street tree maintenance. 5-6-2004 Draft Ch. 2 3-2-5 RECREATION DIVISION: The Recreation Division shall be responsible to plan, organize and direct the operation and development of the City's recreation programs and services, including leisure time programs, aquatics, senior programs, youth and adult sports programs, special populations programs, cultural arts and special events. 3-2-6 FACILITIES DIVISION: The Facilities Division shall be responsible to plan, organize, direct and implement comprehensive citywide programs for all municipal space, facilities and related services. 3-2-7 LIBRARY DIVISION: The Library Division shall be responsible to provide professional library operations such as acquisitions, circulation, children's library or reference; evaluation and selection of books and materials for the library collection; and assistance to patrons in locating materials and providing information. 3-2-8 APPOINTMENT AND QUALIFICATIONS OF DIVISION DIRECTORS: The Community Services Administrator shall appoint the departmental division directors, the qualifications of which shall be as described in the current job classification. 2 DRAFT 5-6-2004 DRAFT Ch. 3 CHAPTER 3 ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND STRATEGIC PLANNING DEPARTMENT SECTION: 3-3-1: Establishment of Department and Duties of Administrator 3-3-2: Appointment And Compensation of Administrator 3-3-3: Qualifications Of Administrator 3-3-4: Economic Development Division 3-3-5: Appointment and Qualifications of Director 3-3-1 ESTABLISHMENT OF DEPARTMENT AND DUTIES OF ADMINISTRATOR: A. There is hereby created and established the Economic Development, Neighborhoods and Strategic Planning (EDNSP) Department, which shall be under the supervision of the Economic Development, Neighborhoods and Strategic Planning Department Administrator. Said Department may be organized into different divisions including, but not limited to, the Economic Development Division. B. The duties of the Administrator shall be to plan, organize, coordinate and direct the City's economic development and long-range planning functions including business recruitment and retention, land use planning, legislative affairs and neighborhood program; oversee work plans and provide relevant information to the Mayor and City Council; supervise and evaluate the performance of assigned personnel. The Administrator shall also be responsible to plan, organize, coordinate and direct the activities, services, operations, budgets and policy formulation of the local, state and federal legislative lobbying activities of the City. 3-3-2 APPOINTMENT AND COMPENSATION OF ADMINISTRATOR: The Economic Development, Neighborhoods and Strategic Planning Administrator shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. The compensation of the Economic Development, Neighborhoods and Strategic Planning Administrator shall be as determined and provided for in the annual City budget and as otherwise provided by law. 3-3-3 QUALIFICATIONS OF ADMINISTRATOR: The Economic Development, Neighborhoods and Strategic Planning Administrator must possess those qualifications deemed necessary for this job by the Mayor or his/her designee, indicated on the city's Economic Development, Neighborhoods and Strategic Planning Administrator job classification 3-3-4 ECONOMIC DEVELOPMENT DIVISION: The Economic Development Division shall be responsible to plan, organize, coordinate and direct the activities, services, operations, budgets and policy formulation of City economic development services, including business recruitment and retention. Responsibilities also include: 5-6-2004 DRAFT Ch. 3 A. Strategic Planning: The Division shall be responsible to plan, organize, coordinate and direct the activities, services, operations, budgets and policy formulation of City long- range land use planning services, including zoning and comprehensive planning. B. Neighborhood Program: The Division shall be responsible to plan, organize, coordinate and direct the activities, services, operations, budgets and policy formulation of the Neighborhood Program of the City, including neighborhood revitalization and citizen involvement. 3-3-8 APPOINTMENT AND QUALIFICATIONS OF DIRECTOR: The Economic Development, Neighborhoods and Strategic Planning Administrator shall appoint the departmental director(s), the qualifications of which shall be as described in the current job classification. 74 DRAFT- 5-6-2004 DRAFT Ch. 4 CHAPTER 4 FINANCE AND INFORMATION SERVICES DEPARTMENT SECTION: 3-4-1: Establishment of Department and Duties of Administrator 3-4-2: Appointment and Compensation of Administrator 3-4-3: Qualifications of Administrator 3-4-4: Fiscal Services Division 3-4-5: Information Services Division 3-4-6: Appointment and Qualifications of Directors 3-4-1 ESTABLISHMENT OF DEPARTMENT AND DUTIES OF ADMINISTRATOR: A. There is hereby created and established the Finance and Information Services Department, which shall be under the supervision of the Finance and Information Services Department Administrator. Said Department shall be organized into different divisions including, but not limed to, the Fiscal Services Division and the Information Services Division. B. The duties of the Administrator shall be to plan, organize, coordinate and direct the City's financial, fiscal, print, voice, data and information technology activities. The work included in this shall be preparing the City's budget, overseeing all procedures and policies and activities associated with the City's annual audit by the State Auditor's Office with the completion of the Comprehensive Annual Financial Report, oversight of all investments, development and implementation of information technology strategies, maintenance of all voice and data communications and oversee work plans and provide relevant information to the Mayor and City Council; supervise and evaluate the performance of assigned personnel. 3-4-2 APPOINTMENT AND COMPENSATION OF ADMINISTRATOR: The Finance and Information Services Administrator shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. The compensation of the Finance and Information Services Administrator shall be as determined and provided for in the annual City budget and as otherwise provided by law. 3-4-3 QUALIFICATIONS OF ADMINISTRATOR: The Finance and Information Services Administrator must possess those qualifications deemed necessary for this job by the Mayor or his/her designee, indicated on the city's Finance and Information Services Administrator job classification. 3-4-4 FISCAL SERVICES DIVISION The Fiscal Services Division shall be responsible to plan, organize, coordinate and direct the financial and fiscal activities of the City. These shall include budget development for not only the department but also the entire City, investment of the City's working cash capital; day-to-day cash control; accounts payables; accounts receivables; and payroll. 5-6-2004 DRAFT Ch. 4 3-4-5 INFORMATION SERVICES DIVISION: The Information Services Division shall be responsible to strategically plan, organize, coordinate and implement city wide technological solutions. 3-4-6 APPOINTMENT AND QUALIFICATIONS OF DIRECTORS: The Finance and Information Services Administrator shall appoint the departmental directors, the qualifications of which shall be as described in the current job classification. 2 DRAFT5-6-2004 DRAFT Ch. 5 CHAPTER 5 FIRE DEPARTMENT SECTION: 3-5-1: Establishment of Department 3-5-2: Definitions 3-5-3: Duties of the Fire Chief 3-5-4: Appointment and Compensation of Fire Chief 3-5-5: Qualifications of Fire Chief 3-5-6: Operations Division 3-5-7: Administration/Support Services/Emergency Management/Safety Division 3-5-8: Appointment and Qualifications of Division Officers 3-5-1: ESTABLISHMENT OF DEPARTMENT There is hereby created and established a Fire Department, which shall be under the supervision of the Fire Chief. Said Department shall be organized into different divisions including, but not limited to the Operations Division and the Administration/Support Services Division. 3-5-2: DEFINITIONS The terms, "firefighter," and "firefighter officer" shall cover such regular, full-time personnel of the City Fire Department who have been appointed to offices, positions or ranks of the City Fire Department which are herewith expressly created: A. Fire Chief B. Deputy Fire Chief C. Battalion Chief D. Captain E. Lieutenant F. Firefighter The foregoing are members of the Fire Department. The members of the Fire Department are, and have all the rights and authority conferred by law on, firefighters and fire officers. 3-5-3: DUTIES OF THE FIRE CHIEF The duties of the Fire Chief shall be to plan, organize, coordinate and direct the Department's services and functions including administration, emergency response, fire prevention, training, disaster management; provide relevant information to the Mayor and City Council, supervise and evaluate the performance of assigned personnel and utilize the authority to make rules and issue orders for the proper functioning of the Department, consistent with laws, Council policies and the rules of the Civil Service Commission. 3-5-4: APPOINTMENT AND COMPENSATION OF FIRE CHIEF: The Fire Chief shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. The compensation of the Fire Chief shall be as determined and provided for in the annual City budget and as otherwise provided by law. 5-6-2004 DRAFT Ch. 5 3-5-5: QUALIFICATIONS OF FIRE CHIEF: The Fire Chief must possess those qualifications deemed necessary for this job by the Mayor or his/her designee, indicated on the city's Fire Chief job classification. 3-5-6: OPERATIONS DIVISION: The Emergency Response section shall be responsible for saving lives; reducing fire deaths and injuries; reducing emotional impact on families; decreasing pain and suffering; and reducing loss of property, economic loss and environmental impact. 3-5-7: ADMINISTRATION/SUPPORT SERVICES DIVISION: A. Administration. The Administration section shall be responsible for providing beneficial communication with internal personnel and external agencies and customers, employee understanding of department and City goals, continuous operation of critical database components, integrity of data entry for inspections and incident reports, timely reports, budget preparation, maintenance and testing of all equipment according to manufacturers' recommendations, increase the effectiveness of fire department services through selection of appropriate apparatus, ensure City obligations are met for housing firefighters and apparatus, and ensure new fire stations are sited to provide a corresponding decrease in response times and service where needed. B. Fire Prevention Bureau. The Fire Prevention Bureau shall be responsible for conducting business inspections, fire investigations, plans review and public education. C. Training. The Training section shall be responsible for increasing the technical expertise of firefighters in emergency services; completing all training required by local, State and Federal regulations; provide drills and activities to promote standards of response; increase safety on drill ground and at emergency scenes; and reduce liability and improve the insurance rating for the City. D. Disaster Management. The Disaster Management section shall be responsible during a disaster for saving lives and reducing injuries, reducing environmental impact, reducing property loss, maintaining order, restoring City services, reducing financial impact on the City, increasing coordination of City resources and increasing external agency cooperation. 3-5-8: APPOINTMENT AND QUALIFICATIONS OF DIVISION OFFICERS All Fire Department officers are appointed by the Fire Chief according to rules established by the Civil Service Commission. The qualifications of the Fire Department officers shall be as described in the current job classification. 2 DNA 71- 5-6-2004 DRAFT Ch. 6 CHAPTER 6 HUMAN RESOURCES & RISK MANAGEMENT DEPARTMENT SECTION: 3-6-1: Establishment of Department and Duties of Administrator 3-6-2: Appointment and Compensation of Administrator 3-6-3: Qualifications of Administrator 3-6-1 ESTABLISHMENT OF DEPARTMENT AND DUTIES OF ADMINISTRATOR: A. There is hereby created and established a Department of Human Resources and Risk Management, which shall be under the supervision of Human Resources and Risk Management Department Administrator. Said Department shall be organized into different sections including, but not limited to Human Resources and Risk Management. B. The duties of the Administrator shall be to develop and implement City Human Resources and Risk Management policies, programs and projects; provide human resources services and advice to City departments and employees; manage risk using a variety of tools including the purchase of insurance as well as manage tort liability claims filed against the City and identify, analyze, control and minimize the City's exposure to financial, personnel and property loses; direct and participate in a variety of professional personnel activities including recruitment, selection, testing, classification analysis and labor relations; train, assign, supervise and evaluate assigned personnel. 3-6-2 APPOINTMENT AND COMPENSATION OF ADMINISTRATOR: The Human Resources and Risk Management Administrator shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. The compensation of the Human Resources and Risk Management Administrator shall be as determined and provided for in the annual City budget and as otherwise provided by law. 3-6-3 QUALIFICATIONS OF ADMINISTRATOR: The Human Resources and Risk Management Administrator must possess those qualifications deemed necessary for this job by the Mayor or his/her designee, indicated on the City's Human Resources & Risk Management Administrator job classification. DRAn- 5-6-2004 DRAFT Ch. 7 CHAPTER 7 PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT SECTION: 3-7-1: Establishment of Department and Duties of Administrator 3-7-2: Appointment and Compensation of Administrator 3-7-3: Qualifications of Administrator 3-7-4: Development Services Division 3-7-5: Transportation Systems Division 3-7-6: Utility Systems Division 3-7-7: Maintenance Services Division 3-7-8: Appointment and Qualifications of Division Directors 3-7-1: ESTABLISHMENT OF DEPARTMENT AND DUTIES OF ADMINISTRATOR: A. There is hereby created and established a Department of Planning/Building/Public Works, which shall be under the supervision of the Planning/Building/Public Works Department Administrator. Said Department shall be organized into different divisions, including but not limited to the following: 1. Development Services Division 2. Transportation Systems Division 3. Utility Systems Division 4. Maintenance Services Division B. The duties of the Administrator shall be to plan, organize, coordinate, direct and supervise all Planning/Building/Public Works Department functions and divisions, including development services, transportation systems, utility systems, and maintenance services; to oversee work plans and provide relevant information to the Mayor and City council; and to supervise and evaluate the performance of assigned personnel. 3-7-2 APPOINTMENT AND COMPENSATION OF ADMINISTRATOR: The Planning/Building/Public Works Administrator shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. The compensation of the Planning/Building/Public Works Administrator shall be as determined and provided for in the annual City budget and as otherwise provided by law. 3-7-3 QUALIFICATIONS OF ADMINISTRATOR: The Planning/Building/Public Works Administrator must possess those qualifications deemed necessary for this job by the Mayor or his/her designee, indicated on the city's Planning/Building/Public Works Administrator job classification. 3-7-4: DEVELOPMENT SERVICES DIVISION: The Development Services Division, under the supervision of the Development Services Division Director, shall be responsible for providing review, permitting and inspection services for all land use actions in the City of Renton. These services shall include, but not be limited to, environmental, site plan, conditional use, subdivision, building, mechanical, plumbing, electrical, 5-6-2004 DRAFT Ch. 7 street and utility improvements, franchise utility improvements, developer utility extensions, temporary use and other categories of use review, permitting and inspection. The division shall also provide zoning code enforcement services and maintain files and records of development projects within the City of Renton. 3-7-5: TRANSPORTATION SYSTEMS DIVISION: The Transportation Systems Division, under the supervision of the Transportation Systems Division Director, shall plan, design, construct, operate, and maintain a transportation system that provides safe and efficient movement of people and goods, enhances environmental quality, and is compatible with local and regional mobility goals and development objectives. Management of the Renton Municipal Airport is also included in this division. 3-7-6: UTILITY SYSTEMS DIVISION: The Utility Systems Division, including water, sewer, surface water, solid waste and technical services, under the supervision of the Utility Systems Director, shall insure water, wastewater, surface water, and solid waste systems are characterized by quality planning, engineering, operations, financial integrity, and customer services. This Division also maintains property information and other records, manages automated mapping,and geographic information systems and data analysis, and maintains survey documentation. 3-7-7: MAINTENANCE SERVICES DIVISION: The Maintenance Services Division, including street maintenance, water maintenance, wastewater maintenance and vehicle fleet maintenance, under the supervision of the Maintenance Services Director, shall operate and maintain the city's infrastructure including streets; sidewalks, bridges, equipment, rolling stock, water, wastewater, and surface water utility systems, and the solid waste utility litter control program. 3-7-8: APPOINTMENT AND QUALIFICATIONS OF DIVISION DIRECTORS: The Planning/Building/Public Works Administrator shall appoint the departmental division directors, the qualifications of which shall be as described in the current job classification. DRAF CHAPTER 8 POLICE DEPARTMENT SECTION: 3-8-1: Establishment of Department and Duties of Police Chief 3-8-2: Definitions - Commissioned 3-8-3: Definitions - Non -Commissioned 3-8-4: Appointment and Compensation of Police Chief 3-8-5: Qualifications of Police Chief 3-8-6: Patrol Operations Division 3-8-7: Patrol Services Division 3-8-8: Investigation Division 3-8-9: Administrative Services Division 3-8-10: Auxiliary Services Division 3-8-11: Staff Services Division 3-8-12: Appointment and Qualifications of Department Officers 5-6-2004 DRAFT Ch. 8 3-8-1: ESTABLISHMENT OF DEPARTMENT AND DUTIES OF POLICE CHIEF: There is hereby established the Renton Police Department. The department shall be supervised by the Chief of Police. The Chief of the Police administers the Renton Police Department and has the authority to make rules and issue orders for the proper functioning of the department, consistent with law, Council policy and the rules of the Civil Service Commission. 3-8-2: DEFINITIONS — COMMISSIONED The terms, "law enforcement officer," and "city police officer" shall cover such regular, full-time personnel of the City Police Department who have been appointed to offices, positions or ranks of the City Police Department which are herewith expressly created: A. Chief Of Police B. Deputy Chief Of Police C. Commander D. Sergeant E. Commission Officer The foregoing are commissioned members of the Police Department. The Commissioned members of the Police Department are, and have all the rights and authority conferred by law on, law enforcement officers, peace officers and constables. 3-8-3: DEFINITIONS - NON-COMMISSIONED The term "Non -Commissioned Officer" of the Renton Police Department shall cover such regular full-time and part-time employees of the Police Department that are not considered commissioned officers. These positions may include, but not limited to the following: A. Manager B. Jail Sergeant C. Jailer D. Police Specialist Supervisor E. Police Lead Specialist F. Police Specialist 5-6-2004 DRAFT Ch. 8 G. Animal Control Officer H. Parking Enforcement Officer I. Crime Analyst J. Evidence Technician K. Electronic Home Detention (EHD) Coordinator L. Community Program Coordinator M. Police Secretary N. Domestic Violence Victim Advocate 3-8-4: APPOINTMENT AND COMPENSATION OF POLICE CHIEF The Police Chief shall be appointed by the Mayor, subject to confirmation by a majority of the City Council. The compensation of the Police Chief shall be as determined and provided for in the annual City budget and as otherwise provided by law. 3-8-5: QUALIFICATIONS OF POLICE CHIEF The Police Chief must possess those qualifications deemed necessary for this job by the Mayor and his/her designee, indicated on the City's job description. 3-8-6: PATROL OPERATIONS DIVISION The Patrol Operations Division shall be responsible for preventing criminal conduct; enforcing laws and ordinances; investigating criminal offenses; detecting and preserving evidence and property; and apprehending offenders. 3-8-7: PATROL SERVICES DIVISION The Patrol Services Division shall be responsible for providing traffic enforcement; investigating major motor vehicle accidents; providing parking enforcement; resolving animal complaints; planning and organizing special events; and for resolving critical incidents. 3-8-8: INVESTIGATION DIVISION The Investigation Division shall be responsible for conducting criminal investigations; collecting and disseminating intelligence; recovering stolen property; arresting offenders; and for processing, storing, and releasing evidence and property. 3-8-9: ADMINISTRATIVE SERVICES DIVISION The Administrative Services Division shall be responsible for providing department personnel services; for providing crime prevention and community relations programs; for personnel and department equipment needs; administering a volunteer staff; planning and research; and for maintaining professional standards. 3-8-10:AUXILIARY SERVICES DIVISION The Auxiliary Services Division shall be responsible for maintaining a safe, secure, and contraband free jail environment; for evaluating inmate health and living conditions; and for providing a cost effective and safe Electronic Home Detention Program. 2 5-6-2004 DRAFT Ch. 8 3-8-11: STAFF SERVICES DIVISION The Staff Services Division shall be responsible for recording and disseminating information to department members and other agencies; for organizing and storing information; and for providing security for City Hall. 3-8-12: APPOINTMENT AND QUALIFICATIONS OF DIVISION OFFICERS: All Police Department officers are appointed by the Chief of Police according to rules established by the Civil Service Commission. The qualifications of the Police Department officers shall be as described in the current job classification. 3 CITY OF RENTON COUNCIL AGENDA BILL Al #: V- submitting Data: Community Services For Agenda of: Dept/Div/Board.. Parks May 10, 2004 Staff Contact...... Leslie Betlach, Parks Director Agenda Status Consent .............. X ect: Public Hearing.. Interlocal Agreement for Waterfowl Management Program Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... (bits: 1. 2004 Interlocal Agreement Study Sessions...... 2. Resolution Information......... Recommended Action: Approvals: Council Concur. Legal Dept ......... X Finance Dept...... Other ............... Fiscal Impact: None Expenditure Required... $2,410.00 Transfer/Amendment....... N/A Amount Budgeted.......... $2,410.00 Revenue Generated......... N/A 101.000000.020.5 7 60.0010.41.000040 Total Project Budget $2,410.00 City Share Total Project.. $2,410.00 SUMMARY OF ACTION: The Interlocal Agreement provides joint funding for the continuation of an egg addling program and monitoring. The program will assist each party in maintaining and managing public sites that are impacted by a surplus of waterfowl. This is the twelfth year the City of Renton has participated in this program. The required expenditure of $2,410.00 is a decrease of $490.00 over 2003 rates. Wildlife Services, upon the City's request and coordination through the Parks Division, will implement the program that includes addling eggs, lethal control and monitoring as requested by the Waterfowl Management Committee, subject to terms and conditions of a permit to be issued by the U.S. Fish and Wildlife Service. This will be done on a case by case basis in situations where an overpopulation of Canada geese may impact human health and safety, such as potable water contamination, bird aircraft strikes, disease transmission or other situations as determined by Waterfowl Management Committee members. STAFF RECOMMENDATION: Staff recommends the acceptance of the 2004 Interlocal Agreement. Agency and corporate members acknowledge that participation includes a request to Wildlife Services for direct assistance to remove Canada geese, and will rely on the experience and expertise of Wildlife Services to identify locations where goose removal is appropriate. Participants may identify locations where control is not to be carried out within their jurisdiction. Staff recommends that Council adopt the new resolution authorizing the Mayor and City Clerk to enter into an Interlocal Agreement for Waterfowl (Canada Goose) Management Program for 2004 and thereafter as long as the costs remain relatively constant for roughly equivalent efforts. C:\Documents and Settings\tflatley\Desktop\ParksDivision\Contracts\Goose Control\InterlocalGeeseControl\InterlocalAGBILL.doc/ CITY OF RENTON Community Services Department U��Y O� A ' ���OS 0 Committed to Enriching Lives 0 MEMORANDUM DATE: May 3, 2004 TO: Don Persson, Council President City Council Members VIA: ,sue Kathy Keolker-Wheeler, Mayor FROM:Dennis Culp, Community Services Administrator STAFF CONTACT: Leslie Betlach, Parks Director (x6619) Terrence J. Flatley, Parks Maintenance Manager (x6601) SUBJECT: 2004 Interlocal Agreement for Waterfowl Management Program ISSUE: Should the City of Renton continue to participate in and provide funding for regional waterfowl management and enter into the 2004 Interlocal Agreement for Waterfowl Management Program? Participation and funding includes egg addling, lethal control, population monitoring and census, mainly of Canada Geese, within King County. The program will assist the fourteen member agencies to maintain and manage public sites that are impacted by a surplus of waterfowl. RECOMMENDATION: Staff recommends the acceptance of the 2004 Interlocal Agreement. Staff also recommends the Council adopt the Resolution authorizing the City to enter into the 2004 Interlocal Agreement for Waterfowl (Canada Goose) Management Program (and thereafter as long as costs remain relatively constant for roughly equivalent services). BACKGROUND SUMMARY: The Interlocal Agreement provides joint funding for the continuation of an egg addling program and study. This program will assist each party in maintaining and managing public sites that are impacted by a surplus of waterfowl. This is the twelfth (12'') year the City of Renton has participated in this program. The required expenditure of $2,410.00, is a decrease of $490.00 over the rate allocated during 2003. In addition to the Interlocal Agreement for Waterfowl Management Program, the City of Renton is currently soliciting proposals and anticipates contracting with a Goose Control Operator for supplemental goose control services at Gene Coulon Park. CONCLUSION: The Interlocal Agreement will allow the City of Renton to partner with other cities in the Lake Washington basin to reduce and alleviate human health concerns including contamination of water and grounds in recreation areas. Wildlife Services will provide a goose control program, which will include technical assistance, lethal control, egg addling and population monitoring. CADocuments and Settings\tflatley\Desktop\ParksDivision\Contracts\Goose Control\InterlocalGeeseControl\Interlocaicontractlssue.doc 2004 INTERLOCAL AGREEMENT FOR WATERFOWL (CANADA GOOSE) MANAGEMENT PROGRAM WHEREAS, Chapter 39.34.040 RCW (Interlocal Cooperation Act) permits local government units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services in a manner pursuant to forms of government organization that will'accord best with recreational, park and natural resources and other factors influencing the needs and development of local communities and WHEREAS, the various agencies, cities, counties, Washington State and agencies of the Federal Government listed in Exhibit A - Page 6 of this Agreement, desire to manage waterfowl, especially Canada Geese; and WHEREAS, all parties require assistance from the Wildlife Services Program of the U.S. Department of Agriculture, to reduce negative impacts on water quality, minimize resource damage, ensure safety from disease for park visitors, and enhance other property managed; and WHEREAS, information dating to a 1989 Waterfowl Research Project done by the University of Washington and current data indicates a large surplus of geese and other waterfowl species in the greater Seattle area; and WHEREAS, this program will be an ongoing resource management activity attempting to maintain a manageable number of birds on a year-to-year basis; and NOW, THEREFORE, in consideration of the covenants herein, it is mutually agreed as follows: SECTION I - PURPOSE The purpose of this Agreement is to provide joint funding for an egg addling program, lethal control, population monitoring and census; mainly of Canada Geese, within King County. This program will assist each party in maintaining and managing public and selected and approved private sites that are impacted by a surplus of waterfowl. n:staffospklh\waterfwl\agreemnt\Inter2000 2 SECTION II - SCOPE OF PROGRAM Wildlife Services (WS) will receive funds from each participating member for the continuation of an egg addling program, lethal control and evaluation during spring and summer 2004. Using best management practices WS will carry out an egg addling program, seeking as many accessible nesting areas as possible and will make every effort to minimize damage to the surrounding environment. WS will also implement a program of "lethal control" as requested by the Waterfowl Management Committee, subject to the terms and conditions of a permit to be issued by the U.S. Fish and Wildlife Service. This will be done on a case by case basis in situations where an over population of Canada geese may result in an impact on human health and safety, such as potable water contamination, bird aircraft strikes, disease transmission or other situations as determined by WMC members. Agency and corporate participants acknowledge by approval signature (below) that their participation includes a request to WS for direct assistance through the removal of Canada geese, and will rely on the experience and expertise of WS to identify locations where goose removal is appropriate. Participants may identify locations where control is not to be carried out. Approved by: Date: for Agency WS will provide an annual report to the members of the WMC which will include information regarding egg addling, the general location of nests and number of eggs addled, number of geese removed, difficulties encountered and whatever other information would be valuable to the WMC. 2004 will be the twelfth year of an egg addling program and the fifth year utilizing "lethal control". All methods and tools utilized to accomplish addling and "lethal control" activities in 2003 will again be used in 2004. A census of urban Canada Geese will be conducted during 2004, however as in 2003 these census counts will be expanded using staff from local agencies and participants at times and places to be specified. Where possible, educational programs will be initiated to inform the public about urban Canada Geese, the associated problems, and the efforts of this committee at addressing those problems. SECTION III - RESPONSIBILITIES Each party, represented on the Waterfowl Management Committee, as shown on Exhibit "A", and incorporated by reference herein, will share in the ongoing review of the programs carried out by WS. Each party agrees that if necessary, an Oversight Committee will be appointed to monitor and report back to the general committee on a regular basis. Three members of the Committee will make up the Oversight Committee chaired by the City of Seattle representative. SECTION IV - COMPENSATION The total cost of the 2004 waterfowl management program shall not exceed Thirty one thousand, five hundred dollars ($31,500). Each party shall contribute to the financial costs of the program as shown in Table I. SECTION V - TERM AND EXTENSION The Term of this Agreement is from January 1, 2004 to December 31, 2004. This Agreement may be extended in time, scope or funding by mutual written consent from all parties referenced herein. SECTION VI - TERMINATION This agreement may be unilaterally terminated by any of the parties referenced herein or Wildlife Services upon presentation of written notice to the Oversight Committee at least 30 days in advance of the severance date shown in Section V. Should termination of this agreement occur without completion of the egg addling, each party shall pay only its' pro rata share of any expenses incurred under the agreement at the date of the termination, and each party shall receive copies of all products resulting from the addling activities up to the time of the termination. SECTION VII - DELIVERABLE Wildlife Services will make every effort to conduct a 1,000-2,000 eggaddling program. Field conditions or changing conditions may increase or decrease these numbers. Lethal control will be implemented as necessary and the total numbers are established by the U.S. Fish and Wildlife Service Permit. 2004. Participants will receive a report on the number of eggs addled and geese euthanized in 4 SECTION VIII - FILING As provided by RCW 39.34.040, this agreement shall be filed prior to its entry and force with the City or County Clerks of the participating parties, the County Auditor and the Secretary of State, and, if found to be necessary, with the State Office of Community Affairs as provided by RCW 39.34.120. SECTION IX - LIABILITY Each party to this agreement shall be responsible for damage to person or property resulting from the negligence on the part of itself, its employees, its agents or its officers. No party assumes any responsibility to another party for the consequences of any act or omission of any person, firm, or corporation not at party to this agreement. k Iti*Ii ii""W7\ WATERFOWL MANAGEMENT COMMITTEE PARTICIPANTS Cityof Bellevue................................................................................................................ Pat Harris City of Federal Way................................................................................Kurt Reuter Cityof Kent........................................................................................Rick Weiss Cityof Kirkland.........................................................................................................Mark Johnston Cityof Mercer Island.....................................................................................................Greg Brown City of Mountlake Terrace........................................................................................... Don Sarcletti Cityof Redmond.........................................................................................................Teresa Kluver City of Renton......................................................................................................... Terrence Flatley City of Seattle Department of Parks and Recreation .............................................. Barbara DeCaro City of Seattle Department of Public Utilities ..........................................................Mike Bonoff City of Woodinville..............................................................................Brian Meyer University of Washington................................................................................... Charles Easterberg U.S.D.A. Wildlife Services.......................................................................Mike Linnel U.S.D.I. Fish and Wildlife Service...............................................................................Brad Bortner 6 TABLE I AGENCIES CONTRIBUTIONS City of Bellevue 2410 City of Federal Way 2410 City of Kent 2410 City of Kirkland 2410 City of Mercer Island 2410 City of Mountlake Terrace 2410 City of Redmond 2410 City of Renton 2410 City of Woodinville 2410 Seattle Department of Parks and 3700 Recreation Seattle Public Utilities 3700 University of Washington 2410 TOTAL $31, 500 All checks will be made payable to the USDA -APHIS -ADC, earmarked for the Wildlife Services and sent to the following addresses: Mr. Roger Woodruff State Director -Wildlife Services Program U.S. Department of Agriculture 720 O'Leary Street Northwest Olympia, Washington 98502 (360) 753-9884 In case of procedural questions regarding this project, please contact: Maggie Rayls, Administrative Officer Wildlife Services Program (360) 753-9884 FAX: 753-9466 For questions regarding implementation of control measures and census, please contact: Keel Price (360) 337-2779 SECTION X. - SEVERABILITY ...If any section of this agreement is adjudicated to be invalid, such action shall not affect the validity of any section so adjudged. 7 This agreement shall be executed on behalf of each party by its authorized representative. It shall be deemed adopted upon the date of execution by the last so authorized representative. This agreement is approved and entered into by the undersigned county and local government units, university and other private parties. City of Bellevue By: Patrick Foran, Director of Parks and Community Services Date: City of Federal Way LO Jennifer Schroder, Director of Parks, Recreation and Cultural Sevices Date: City of Kent By: John Hodgson, Director Date: City of Kirkland Bv: David Ramsey, City Manager Date: City of Mercer Island By: Rich Conrad, City Manager Date: City of Mountlake Terrace By: Name/Title: Date: City of Redmond Bv: Rosemarie Ives, Mayor Date: City of Renton By: Kathy Keolker-Wheeler, Mayor Date: City of SeaTac Bv: Calvin Hoggart, City Manager Date: City of Woodinville Bv: Donald D. Rose, City Manager_ Date: King County Bv: Craig Larsen, Director of King County Parks System Date: Seattle Department of Parks and Recreation By: Kenneth R. Bounds, Superintendent Date: Seattle Public Utilities By: Chuck Clark, Managing Director Date: University of Washington Bv: Karen VanDusen Director of Env. Health & Safety Date: 8 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT FOR WATERFOWL (CANADA GOOSE) MANAGEMENT PROGRAM FOR THE YEAR 2004. WHEREAS, it has been determined that the City of Renton has a large surplus of Canadian Geese within its jurisdiction; and WHEREAS, the U.S. Fish and Wildlife Service and the State of Washington have agreed to continue an egg addling program, and provide lethal control and to provide population monitoring and census; and WHEREAS, the costs for this procedure would be shared with a number of jurisdictions including the City of Renton; and WHEREAS, it is necessary to document the agreement between the parties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an Interlocal Agreement for Waterfowl (Canada Goose) Management Program for the year 2004 and thereafter as long as the costs remain relatively constant for roughly equivalent efforts. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2004. Approved as to form: Lawrence J. Warren, City Attorney RES.1041:4/29/04:ma Kathy Keolker-Wheeler, Mayor 2 CITY OF RENTON COUNCIL AGENDA BILL Submittina Data: Planning/Building/Public Works Dept/Div/Board. Development Services Staff Contact.... Jan Illian, x-7216 Subject: Master Use Agreement for VoiceStream PCS III Corporation (also dba T-Mobile). AI #: Ck For Agenda of: 10, 2004 Agenda Status Consent .............. X Public Hearing... Correspondence.. Exhibits: Ordinance.......... Master Use Agreement Resolution........... Issue Paper Old Business....... New Business..... General Information on VoiceStream/T-Mobile Study Sessions.... Information......... Recommended Action: Approvals: Refer to Transportation Committee. Legal Dept......... X Finance Dept..... Other ................ Fiscal Impact: Expenditure Required... None Amount Budgeted....... None Summary of Action: Transfer/Amendment...... Revenue Generated........ None $5000 (First year) 6% per annum of gross exchange service receipts. Approval of this document will allow VoiceStream PCS III Corporation to install wireless facilities for eventual local service. STAFF RECOMMENDATION: The Planning/Building/Public Works Department recommends that Council authorize the Mayor and City Clerk to execute the Master Use Agreement with VoiceStream PCS III Corporation. CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: April 30, 2004 TO: Don Persson, Council President City Council Members VIA: �(+ �a Mayor Kathy Keolker-Wheeler ,K -17Z, FROM: Gregg Zimmerma Annistrator Planning/Building/Public Works Department STAFF CONTACT: Jan Illian, x-7216 SUBJECT: VoiceStream PCS III Corporation Master Use Agreement ISSUE: VoiceStream PCS III Corporation ("VoiceStream PCS"), a Delaware corporation (also dba T- Mobile), is requesting a Master Use Agreement to install wireless communication facilities within the City of Renton right -of- way, so as to offer local service to businesses and other users. RECOMMENDATION: The Planning/Building/Public Works Department recommends the City Council authorize the Mayor and City Clerk to execute the Master Use Agreement with VoiceStream PCS III Corporation. BACKGROUND: Based in Bellevue, Washington, the U.S. operation of T-Mobile International AG & Co. K.G. consists of T-Mobile USA Inc. (formerly VoiceStream Wireless) and Powertel, Inc. VoiceStream PCS is proposing to install wireless facilities within the right-of-way to support its wireless system, consisting of advanced wireless voice and data services for consumers and businesses. Installations will generally consist of antennas placed on top of new or existing structures (i.e. - utility poles, light standards, etc.) in the City's right-of-way. Average height above ground of the antennas is expected to be between 50 and 120 feet. The antennas will have associated coax running down the pole to a base transceiver station (BTS). The BTS will be either placed in the right-of-way or on adjacent property to the right-of-way. Each installation APRIL 30, 2004 PAGE 2 will require power and telephone or microwave connectivity. Individual installations will vary based on location and specific engineering criteria. Section IV of the Master Use Agreement requires that, "All construction, and installation of work" in a public right-of-way will be subject to the City's permit approval process. VoiceStream PCS's wireless facilities proposals are designed to be the least visually obtrusive design, while meeting the coverage objectives and compliance with all applicable codes. The sites will be unmanned and, therefore, will not require water, waste treatment or management of hazardous waste. Minimal traffic would be generated* during the construction phase while the crew is traveling to and from the site. Existing access & parking will be utilized; no vehicular access to the equipment area is necessary after completion of construction. After construction is completed, there would be approximately one visit per month by a field engineer for routine maintenance. The need for a new site is dictated by market demand, capacity, coverage requirements for a particular geographic area, and the radio frequency hand-off from one site to another in order to achieve the objective of seamless communications coverage. The selection and design of a specific VoiceStream PCS site is further refined by considering local topographic and geographic factors, tree canopy, buildings, mountains, water bodies, the ability to mitigate the antenna support structure's visual impact, compatibility of the facility with existing land uses and the availability of necessary space to locate. Because VoiceStream PCS signals must travel in an unobstructed path from the facility to the user, the presence of any one or all of these can negatively influence the quality of transmissions and reception. The height and location of each VoiceStream PCS site is, therefore, based upon the ability of the site to effectively function despite those obstacles. In addition, Federal Aviation Administration requirements regulate the height of an antenna support structure near or on major airport facilities. There have been concerns with interference between VoiceStream PCS and the local Public Safety Radio System (PSRS) and Commercial Mobile Radio Systems (CMRS). The Federal Communications Commission (FCC) requires signals from VoiceStream PCS providers to control its radiation so that it will not interfere with other systems. VoiceStream PCS systems utilize the 1,900 MHz band, while PSRS and CMRS utilize 800 MHz bands. Using different frequency bands and ensuring that a minimum of 1000 MHz of separation between these systems are maintained, eliminates the potential for interference between systems. Please refer to the attached letter from Peter Kwok, of T-Mobile, addressing this issue. VoiceStream PCS is committed to providing the highest quality wireless service to the City of Renton, its residents, and businesses. CONCLUSION: In order to offer service to local businesses and other users, VoiceStream PCS III Corporation is requesting a Master Use Agreement to install wireless communication facilities within the City of Renton right-of-way. Staff recommends that Council authorize the Mayor and City Clerk to execute the Master Use Agreement with VoiceStream PCS to allow installation. attachment • � �m •Mobile• April 14, 2004 Re: Interference Concern between PCS and PSRS To Whom It May Concern: There is some concern about interference between PCS system and Pubilic Safety Radio System (PSRS). On behalf of T-Mobile I would like to reassure you that there is no need to be concerned about interference between PCS system and Public Safety Radio System. PCS system utilizes the 1,900MHz band and the PCS frequency is over 1,000MHz away from the frequency being used by Public Safefy Radio System, which is at 800MHz. The Federal Communications Commission (FCC) requires the signal from different PCS bands to control its radiation so that it will not interfere with other systems within the PCS spectrum. The requirement is so stringent that there is very minimal signal spill adjacent to the 1900MHz PCS band. Consequently, there is no possibility that a PCS system which complies with the FCC requirements will interfere with the PSRS, which is 1,000MHz away from the PCS spectrum. The past incidents of interference between 800MHz Commercial Mobile Radio System (CMRS) and PSRS resulted from the fact that their frequency bands are immediately adjcent to each other. When a PSRS receiver is placed on a tower right next to a CMRS transmitter, there is some chance that the PSRS will pick up the signal from CMRS, which will interfere the PSRS signal. This can only happen to systems sharing the same frequency band or using frequency bands next to each other. It cannot happen to systems with 1000MHz of separation between their respective frequencies. This large frequency separation exists between PCS and PSRS. As a result PCS systems and PSRS cannot interfere with the other. If you have any questions please feel free to contact me at (425) 398-7597. Sincerel , P ter wok RF Superviso T-Mobile USA, Inc. 19807 North Creek Parkway North Bothell, WA 98011 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO VOICESTREAM PCS III CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND MASTER USE AGREEMENT TO INSTALL TELECOMMUNICATION FACILITIES TOGETHER WITH APPURTENANCES THERETO, UPON, OVER, UNDER, ALONG, ACROSS THE STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON WITHIN CITY RIGHT OF WAY AND PUBLIC PROPERTIES OF THE CITY. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON AS FOLLOWS: SECTION I Master Use Agreement There is hereby given and granted unto VOICESTREAM PCS III CORPORATION, a Delaware Corporation, its successors, and assignees for a period of 10-years from the effective date of this master use agreement, the rights, privileges, and authority to construct, operate, maintain, replace, alter, remove and repair one or more wireless communications facilities ("Facilities"), together with all equipment, support structures, conduit, cables and appurtenances of Grantees' systems, under, along, over, below and through certain public right-of-way and other public lands within the City of Renton. The following City codes shall apply to this agreement in their entirety: City Code 4-2-080A 5-19-05 4-4-140 5-19-07 4-2-070 5-19-08 4-5-050B 5-19-09 4-11-230 5-19-10 SECTION II Non -Exclusive Master Use Agreement (Code 5-19-5) This Master Use Agreement is granted upon the express condition that it shall not be deemed or held to be an exclusive agreement in, along, over, through, under, below or across any of said public rights - of -ways, public thoroughfares, sidewalks, and utility easements within the City of Renton. Such agreement shall in no way prevent or prohibit the City of Renton or its tenants from using any of said roads, streets or other public or tenant properties or affect its jurisdiction over them or any part of them. The City of Renton retains full power to make all necessary changes, relocation's, repairs, maintenance, establishment, improvement, dedication of same as they may deem fit including the dedication, establishment, maintenance and improvement of all new rights -of -ways and thoroughfares and other public properties of every type and description. VoiceStream PCS III Corporation, as Grantee herein, agrees and covenants at its sole cost and expense to protect, support, temporarily disconnect, relocate or remove from any street any of its installations when so required by the City of Renton, upon not less then ninety (90) days prior written notice. Cause for the City of Renton to issue such notice include, but are not limit to, traffic conditions, public safety, street vacations, dedications V OICE STREAM/P-MOBILE of new rights -of -ways and the establishment and improvement thereof, freeway construction, change of establishment of street grade or the construction of any public improvement or structure by Government agency acting in a Government capacity ("Redevelopment"). The Grantee shall in all such cases have the privilege to temporarily by-pass, in the authorized portion of the same street, upon approval by the City of Renton, any section of the System required to be temporarily disconnected or removed If Grantee is unable to by-pass the affected Facilities during the City's Redevelopment, the City and Grantee shall reasonably cooperate to allow Grantee to operate a temporary facility on property owned, operated or controlled by City in the immediate vicinity, if possible. In the event Grantee must permanently relocate any Facilities due to such Redevelopment by the City, the City agrees to use best efforts to relocate Grantee's Facilities to an adjacent right of way area. Grantee may, after receipt of written notice requesting a permanent relocation of its Facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If so requested by the City, Grantee shall submit additional relevant information to assist the City in making such evaluation. The City shall give each alternative proposed by the Grantee full and fair consideration, within a reasonable time so as to allow for the relocation work to be performed in a timely manner. In the event the City ultimately determines not less than fifteen (15) days from the commencement of such work by the City that there is no other reasonable alternative, Grantee shall relocate its Facilities as otherwise provided in this Section. SECTION III Location of Facilities: The location of facilities shall be underground or in accordance with City code 5-19-5(I)1 through 4 as conditions warrant. SECTION IV Master Use/Franchise Construction Permit (Code 5-19-9): A Master Use/Franchise Construction permit application with three (3) sets of plans is required for each proposed project. All construction, and installation of work wherever same crosses any of the public properties shall be done under the supervision of the duly authorized representative of the Planning/Building/Public Works Administrator, and Grantee shall timely submit unto the Public Works Administrator, prior to any such work, detailed plans and specifications of any proposed work. The location of any Permit on public property in a street, Municipal Airport, or other public area shall be subject to approval of the Public Works Administrator or his authorized representative and such approval shall be provided in writing. The Grantee shall further inform the City of any time or date that the Grantee is performing work within the franchised area to allow the City to inspect such work. Work within City Streets shall be accomplished through boring rather than open trenching whenever reasonably feasible. New facilities installed within City rights -of -way shall be located outside of the. street travel and parking lanes, whenever feasible and will not delay or increase the costs of the proposed facilities. The Master Use/Franchise Construction permit fee is stated in Section 18 of this agreement document. SECTION V System Components: All components of the System and other components of any communication line, to be placed within any street right-of-way, Municipal Airport, or other public property shall be designated, manufactured and installed in accordance and in full compliance with industry standards and applicable ordinances. Placement of conduit in street crossings shall be PVC schedule 80 or steel conduit. Schedule 40 PVC is acceptable in areas outside the roadway. VOICESTREAM/T-MOBILE SECTION VI Permanent Records (Code 5-19-9)(N): The Grantee shall at all times keep full and complete plans, profiles and records showing the location, installed depth and size of all its installations and systems wherefore laid in the City and hereafter installed. Such plans and records shall be kept current by the Grantee. As -built plans and records shall be available to the City at all times upon request. A telephone contact number for requested plans shall be supplied to the City and kept current. SECTION VII Planning for Construction: During any period of construction, all surface structures, if any, shall be erected and used in such places and positions within said public right-of-way, and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property and tenants and Grantee shall at all times post and maintain proper barricades during such period of construction as required by the laws and statutes of the State of Washington. The Grantee shall avoid the use of arterials as designated by the City of Renton Arterial Street Map, defined by the Transportation Department and recently constructed or paved overlaid streets as much as possible. Specific route alignments are subject to approval by the City via the construction permitting process. All components of the System constructed and installed by the Grantee underground, within the City of Renton, shall be located in approved locations, buried and installed to a depth of not less than three feet and as otherwise provided for in the aforesaid Code, the laws of the State of Washington, and the ordinances of the City of Renton, now or hereafter in force, regulating such installations. Grantee shall establish and maintain at all times adequate facilities on the portion of each of the systems installed under the authority of this agreement, and elsewhere on the system, to promptly localize operating troubles and to minimize the effects thereof, whether on City streets or on their use by the public. All truck, vehicles and equipment working in City right-of-way shall be marked with company logo, including company name and phone numbers. Approved traffic control plans shall be utilized for each installation when working in the public right- of-way (code 5-19-11)(F). The Grantee shall be responsible for all work by their contractor, meeting the requirements of the Manual on Uniform Traffic Control Devices VVWTCD) for all work within the public right-of-ways. The Grantee shall be responsible for notifying the Valley Communication Center for any street closures, a minimum of 24 hours prior to said closure. The Grantee shall subscribe to and maintain membership in the regional "One -Call" utility location service and shall promptly locate all of its lines upon request. SECTION VIII Restoration And Repair of Facilities (Code 5-19-10)(IV: Grantee, its successors and assignees, hereby agrees and covenants to promptly repair any damage to City or tenant property of every type and nature and all other City or tenant improvements caused by failure of Grantee's work during the life of this Agreement. Should it be necessary to make any excavation within any public right-of-way, in the laying, constructing, maintenance, removing, replacing, altering or repairing of all or any portion of the system, Grantee shall without delay and at Grantee's sole cost and expense, restore the surface of said right-of-way or other public or tenant property to at least the same condition immediately prior to any such installation and construction. In case of damage by the Grantee to said streets, avenues, roads, alleys, lanes, public places and ways, to the pavement, turnouts, gutters, ditches, walks, poles, pipes, plantings, rail, bridges, trestles, wharves VOICESTREAM/r-MOBILE or landings, and/or other appurtenances and improvements, the Grantee shall immediately repair all damage at its sole cost and expense. Grantee shall comply with all ordinances and regulations of the City of Renton, Washington, regarding such excavation and whenever deemed necessary by the Public Works Administrator shall be required to post a performance bond in favor of the City warranting, among other things, that such restoration work will be done promptly to a condition equal or better than the original condition and in a proper, workman like manner. Where concrete encased recorded monuments have been disturbed or displaced, Grantee shall restore the monument to federal state and local standards and specifications. All restoration of public streets, sidewalks and other amenities shall conform to current City of Renton Standard Specifications for Road, Bridge and Municipal Construction and the City of Renton's Trench Restoration Standards. As a condition of receiving the right to work within the public right-of-way, VoiceStream PCS III Corporation shall assume full responsibility for using materials and installation methods that are in full compliance with City Standards and shall verify this by submittal of documentation of materials and testing reports when requested by the City. All costs for performing on -site testing, such as Compaction tests, shall be borne by VoiceStream PCS III Corporation. SECTION IX Hold Harmless Agreement: The Grantee, its successors and assignees, agrees and covenants to indemnify and hold harmless the City of Renton from and against any and all liability, loss cost, damage, whether to persons or property, or expense of any type or nature to the extent it arises (collectively, "Claims") from any negligent act or omission or willful misconduct of Grantee, its successors and assigns arising from or connected to the Grantee's work under this Agreement, except to the extent any such Claim is due to the negligence or intentional acts of the City, its employees, agents or independent contractors. in addition, in case any suit or action is instituted against the City by reasons of any such damage or injury, City shall (i) cause written notice thereof to be given unto Grantee and (ii) give all reasonably requested assistance in defense or settlement of such claim at Grantee's expense, and (iii) grant Grantee the right to control the defense or settlement of such claims. SECTION X Liability Insurance (Code 5-19-10 (O, P, Q & R): VoiceStream PCS III Corporation shall maintain in full force and effect throughout the term of this agreement, Comprehensive General Liability insurance coverage, inclusive of umbrella coverage, insuring both the Grantee and the City and its elected and appointed officers, officials, agents and employees as additionally insured as follows: Comprehensive general liability insurance, inclusive of umbrella coverage, with limits not less than: a. Five million dollars ($5,000,000) for bodily injury or death to each person; b. Five million dollars ($5,000,000) for property damage resulting from any one accident; 2. Automobile liability insurance for owned, non -owned and hired vehicles, inclusive of umbrella coverage, with a limit of three million dollars ($3,000,000); 3. Worker's compensation with statutory limits and employer liability insurance, inclusive of umbrella coverage, with limits of not less than one million dollars ($1,000,000); and VOICESTREAM/T-MOBILE 4. Comprehensive form premises - Operations, explosions and collapse hazard, underground hazard and products completed hazard, inclusive of umbrella coverage, with limits of not less than three million dollars ($3,000,000). The Grantee shall submit to the City Clerk evidence that it has in full force and effect and shall keep in full force and effect during the life of the Agreement, comprehensive general liability insurance naming Grantee and the City of Renton as additional insured with coverage as stated above. It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 30 days after receipt by the City, by registered mail, of a written notice addressed as required by such intent to cancel or not renew. After receipt by the City of said notice, and in no event later than ten days prior to said cancellation, the Grantee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this section. SECTION XI Revocation or Termination of Grant (Code 5-19-10)(U &Tg: For the purpose of compelling compliance by the Grantee with all the terms and conditions of this Agreement and the maintenance of said System and facilities in good condition, City retains the right to end and terminate and fully forfeit the Agreement herein granted, within (30) thirty days after written notice unto the Grantee, whenever the Grantee fails to comply with any of the material terms and conditions hereof, provided that Grantee has a reasonable length of time in which to cure such noncompliance. Upon forfeiture the City shall have the right to require the Grantee to remove any and all of its systems within the City of Renton, all at the Grantee's cost and expense, and to promptly and timely restore all roads and other public properties to the condition immediately prior to any such forfeiture and termination. However, the Grantee may apply to the City for an extension of time to comply due to unavoidable delays and events beyond its control. The extension of time will not be unreasonably withheld as determined by the City. SECTION XII Reservation of Rights (Code 5-19-12)(D): The Grantee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City at all times and the City shall enforce general ordinances necessary to protect the safety and welfare of the public. The Grantee agrees to comply with all applicable general laws enacted by the City as long as such regulations do not increase the burden or impair the rights of the agreement hereunder. The laying, construction, installation, maintenance and operation of the Facilities, System and facilities in connection therewith shall not preclude the City of Renton, its authorized agents, contractors and representatives from blasting, grading, excavating or doing other necessary or public works over, unto, abutting, or contiguous to Grantee's System provided, however, that Grantee shall be given (10) ten working days written notice of any such blasting, grading, or excavating so that the Grantee may take proper steps to protect its communication line and facilities. The parties agree that this Agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders and ordinances (the "Law"). Accordingly, any provision of this Agreement or any local ordinance, which may conflict with or violate the Law, shall be invalid and unenforceable, whether occurring before or after the execution of this Agreement, it being the intention of the parties (i) to preserve their respective rights and remedies under the Law, and (ii) that the execution of this Agreement does not constitute a waiver of any rights or obligations by either VOICESTREAMlr-MOBILE party under the Law. The provisions of this Agreement shall be applied to all telecommunication providers in a competitively neutral and nondiscriminatory manner. SECTION XIII Damage, Injury or Loss (Code 5-19-10)(K): Except for damage, injury or loss caused by the City of Renton, the Grantee shall have no recourse whatsoever against the City of Renton for any loss cost, expense, or damage arising out of any provision or requirement of this Agreement or the enforcement thereof. This Agreement does not relieve the Grantee of any requirement of any City Ordinance, rule or regulation, or specification of the City, including but not limited to any requirement relating to street work, street excavation permits and fees therefore, or the use, removal or relocation of property and streets. No privilege nor exemption is granted or conferred unto the Grantee by this Agreement except those specifically prescribed herein, and any such privilege claimed under this Agreement by the Grantee in any street shall be subordinate to any prior lawful occupancy of the street or any subsequent improvement or installation therein. SECTION XIV Discontinued Agreement (Code 5-19-10(I)1-5): In the event the use of any permitted property is permanently discontinued by Grantee, or no Permit has been obtained therefore upon expiration of this Agreement, or within thirty days after any termination of this Agreement, then the Grantee shall promptly remove from the streets and other properties all its facilities, other than any the City may permit to be temporarily or permanently abandoned. SECTION XV: Ownership Transfer (Code 5-19-10(T)1-6): This Agreement may not be assigned to a successor or assignees without the prior written consent of the City Council of the City of Renton, provided that Grantee may assign this Agreement to a parent or affiliate upon prior written notice to the City. The City will not delay or withhold written consent without just cause. For the purposes of this section, a merger or corporate reorganization of any entity controlling, controlled by or under common control with Grantee shall not be deemed a transfer of assignment. SECTION XVI Security Device (Code 5-19-10(Q): The Grantee shall, within (10) ten days after the award of this Agreement, file with the City of Renton Public Works Department at all times thereafter maintain in full force and effect an acceptable security device or escrow account in duplicate effective for the entire term of this Agreement, and conditional that in the event Grantee shall fail to comply with any one or more of the provisions of this Agreement then there shall be recovered jointly and severally from the principal and surety of such security device or escrow account any damage suffered by the City as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of properties herein above described, up to the full amount of the said bond, said condition to be a continuing obligations within the City of Renton or may have arisen from the acceptance of such Agreement by the Grantee or from its exercise of any such privilege herein granted. The security device or escrow account initially filed in accordance with the requirement of this Section shall be in the amount of Twenty Five Thousand Dollars ($25,000). In the event of substantial change in volume of street space occupied by permitted properties, the City may permit or may require a corresponding change in the amount of such security device or escrow account. The bond form set forth as attachment " C " is deemed an approved security device. V OICESTREAM/T-MOBILE SECTION XVII System Expansion: Upon application to the City of Renton's, Department of Building/Planning/Public Works by the Grantee, the Department of Public Works may authorize the Grantee to install, construct and/or retain in City streets additional System expansions, as contemplated in Section I hereof, in manner satisfactory to the Department of Public Works. Such additional installations shall be subject to all of the terms and conditions of this Master Use Agreement and to any such additional conditions as may be prescribed by the Department of Public Works as to any such additions. The City of Renton conducts both an annual pavement overlay program and a 6-year transportation improvement program for the repair and improvement of city streets. The City publishes updates to these programs annually. It is the City's intent that newly paved streets not be excavated or damaged within five years of pavement installation. It is therefore the Grantee's responsibility to obtain the City's annual publications regarding the pavement overlay program and the 6-year transportation improvement program, and to schedule any system expansions or programmed maintenance operations in such a way as to avoid disturbing pavement within five years of installation. The City of Renton reserves the right to withhold issuance of permits for planned expansion or maintenance activities that will damage pavement within five years of its installation. SECTION XVIII Telecommunication/Permit Fees: The Grantee, VoiceStream PCS III Corporation, its successors and assignees) agrees to pay annually to the City of Renton from and after the date of acceptance of this Agreement and during the period it shall remain in effect an utility tax of six per cent (6%) per annum of its gross receipts derived from the telecommunication facilities located within the limits of said City of Renton as specified in City code 5-11-1. However, if the 6% per annum communication (utility) tax falls below $200 annually than an administrative fee shall be applied up to $200. Payments are to be paid in monthly installments in accordance with City code 5-11-2 to the Finance and Information Service Administrator. Master Use/Franchise Construction Permit Fee is $50.00. Inspection rate is billed at $40.00 an hour. VoiceStream PCS III Corporation does hereby agree to pay a one time Administrative fee for Agreement preparation and processing of $5,000 dollars. SECTION XIX Applicants Contacts: Any notices or information required to be given to parties under this Master Use Agreement may be sent to the following addresses unless otherwise directed. VoiceStream PCS III Corporation Attn: Legal Department 12920 Southeast 38th Street Bellevue, WA 98006 SECTION XIX Effective Date: Renton City Hall Attn: Jan Illian Development Services 6t' Floor 1055 — S. Grady Way Renton, WA 98055 This Ordinance shall be in full force and effect from and after its passage, approval and five days after it legal publication as provided by law, and provided it has been duly accepted by Grantee as herein above provided. V OICESTREAM/T-MOBILE SECTION XX Environmental Indemnification: Grantee shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Grantee shall be responsible for, and shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance caused by Grantee, that have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability (collectively, "Claims") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the environment (collectively, "Actions"), that relate to or arise from the indemnitor's activities on the Property. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. PASSED BY THE CITY COUNCIL this day of , 20 Bonnie Walton, City Clerk APPROVE BY THE MAYOR this day of 120 Kathy Keolker-Wheeler, Mayor APPROVED as to Form: Lawrence J. Warren, City Attorney Date of Publication: ACCEPTED BY GRANTEE, VOICESTREAM PCS III CORPORATION this day of Signature Print Name Signature Print Name 20 TITLE TITLE VOICESTREAM/f-MOBILE T-Mobile - About our company Page 1 of 5 T-Mobile USA : No location selected (change location) u 1-. i't )I_"ill x Pee , �MEM u, Products Plans Coverage About our [AomanN 10 — About our company >> Quick facts » Meet Catherine Zeta -Jones » About our technology » Safety information >> TTY Policy Overview Explore Business pages Services & Features Help My T U.S. Operations of T-Mobile Company Overview Based in Bellevue, Washington, the U.S. operations of T-Mobile International AG & Co. K.G., consists of T-Mobile USA, Inc. (formerly VoiceStream Wireless) and Powertel, Inc. (together "T-Mobile"). T- Mobile International AG & Co. K.G. is the mobile communications subsidiary of Deutsche Telekom AG (NYSE: DT). T-Mobile is one of the fastest growing nationwide wireless service providers, offering all digital voice, messaging and high-speed wireless data services to more than 13.1 million customers in the United States. A cornerstone of T-Mobile's strong consumer appeal has been its Get MoreO business strategy to provide customers with the best overall value in their wireless service so they can enjoy the benefits of mobile communications to Get more from life@. T-Mobile has more than 22,000 employees across the country dedicated to delivering on its Get MoreO promise to provide customers with more minutes, more features and more service. Subsidiaries and affiliated companies of the Deutsche Telekom Group today serve more than 87 million mobile customers worldwide, making it one of the top three global wireless carriers. T-Mobile International is the first mobile communications company to offer service on both sides of the Atlantic with a single global brand name and a single digital technology standard, GSM (Global System for Mobile Communications), offering customers the advantage of using their wireless services when traveling worldwide. The T-Mobile global brand name made its debut in the United States in July 2002, choosing California and Nevada as the first markets in the country to launch its wireless voice and data services. The company successfully transitioned its VoiceStream Wireless brand in its remaining markets in September 2002 and now operates the largest GSM/GPRS 1900 MHz voice and data network in the country in 46 of the top 50 U.S. markets, reaching 251 million people including roaming and other agreements exclusively under the T-Mobile brand name. T- Mobile and its affiliates own licenses to provide service to 95 percent of the U.S. population. Internationally acclaimed actress and Academy Award winner Catherine Zeta -Jones serves as T-Mobile's spokeswoman. Zeta -Jones brings the company's global brand to life by appearing in print, radio and television advertisements showing consumers how they can benefit from T-Mobile products and services and to Get more from life®. World Class Service - One number, One Phone Worldwide T-Mobile offers consumers and business customers the most advanced mobile communications services available today, including voice, text messaging, and high-speed wireless data services. T-Mobile operates an ail -digital, national wireless network based exclusively on GSM technology. GSM is the most widely used digital standard worldwide, accounting for approximately 72 percent of the total digital wireless market. T-Mobile customers benefit from this global technology platform by having the choice to use their same phone and same phone number when traveling internationally. Consistent with T-Mobile's Get More@ promise, T-Mobile's WorldClass roaming rates begin at only 99 cents a minute in approximately 30 c,.rnn ". ­+,; _.c ­4 nn..o..v, +k— 17n http://www.t-mobile.com/company/about/ 5/3/2004 T-Mobile - About our company Page 2 of 5 �uiuNcan l..vuliinco aiiu i.uvcl I — U1— tau liV U11U 1GJ V-1 1-1- Enhanced Messaging Services T-Mobile offers its customers a variety of messaging service options. SMS - Short Messaging Service Every T-Mobile customer, regardless of device or rate plan, can send text messages via their handset to friends and family, no matter which wireless service provider they use. In addition, every T-Mobile phone number automatically has a corresponding e-mail address (phonenumber@tmomail.net) allowing customers and their colleagues to use the Internet to send and receive text messages between wireless phones, devices and personal computers. IM - Instant Messaging Service T-Mobile customers can use the popular AOL® Instant Messenger TM (AIMS")) service and the Buddy List's" feature to interact with millions of AIM users worldwide. The company provides AIM service on handsets such as the T-Mobile SidekickT' device, Motorola V300, and the Samsung X1"05, E105 and R225 with AIM directly integrated into the user interface - the fastest, easiest and most convenient way to access the service from a handheld device. MMS - Multi Media Messaging Service T-Mobile has upgraded its entire national network to provide MMS services. MMS enables customers to complement their text message with sound, animations and melodies to send to email addresses and compatible handsets. As part of this rich visual communications offering, T-Mobile offers handsets with either integrated or attachable cameras from Motorola, Nokia, Samsung and Sony Ericsson, that let customers take a picture and send it to any email address or other MMS-capable phone and then talk about it - all from a single device. Additionally, MMS enables customers to send short video clips from to email or other MMS-capable phones, giving T-Mobile customers a whole new way to communicate. 2.5G GPRS High Speed Wireless Data T-Mobile leverages its national, standards based GSM network to provide customers the latest in mobile communications including wireless data access through its T-Mobile Internet service. T-Mobile's entire national,voice network has been upgraded with 2.5G GPRS (General Radio Packet Service) technology, providing customers wireless Internet access at average speeds of 40 Kbps, which rival or exceed standard dial -up wired connections. T-Mobile offers a variety of integrated voice and GPRS capable devices, allowing customers to remotely access the Internet; get their corporate and personal e-mail; keep contacts and calendar information updated on the go; and get popular games, news and information services such as sports scores, stock quotes, horoscopes and games delivered automatically or on demand to their wireless handset or device. Integrated voice and data devices include PC Internet cards that can be used with a laptop computer or PDA; all in one devices such as the popular BlackBerry wireless handheld e-mail solutions with integrated phone; the Windows@ Powered Pocket PC Phone Edition, a voice - enabled PDA that features a full color HTML Internet experience and pocket versions of popular Microsoft software; and, available exclusively through T-Mobile, the revolutionary T-Mobile Sidekick TM device, an innovative all -in -one device with a unique 'swivel top' form factor that includes a QW ERTY keyboard; full color web browsing, imbedded AOLO Instant Messengerrm (AIM@) service, and attachable camera. T-Mobile HotSpotsM - Wi-Fi (802.11b) Wireless Broadband Internet Service T-Mobile complements its existing national GSM/GPRS wireless voice and high-speed data network by providing Wi-Fi (802.11 b) wireless broadband Internet access in more than 4,000 convenient public locations where people already go when they're away from their home or office. By combining the benefits of these networks, T-Mobile offers customers coverage where they want it and speed when they need it, and is uniquely able to provide a comprehensive wireless service offering that meets customers' needs for wireless connectivity. Customers with a W i-Fi enabled laptop or PDA can access the network on a Dav-as-you-oo basis or with monthiv or prepaid http://www.t-mobile.com/company/about/ 5/3/2004 T-Mobile - About our company Page 3 of 5 subscriptions Backed by T-1 connections, T-Mobile HotSpot service is reliable and fast enough to accommodate a broad spectrum of applications from checking email to multimedia video conferencing. The connection speeds are 40 to 50 times faster than the standard dial -up Internet access. To date, T-Mobile has the largest W i-Fi network in the world with more than 4,000 locations including select Starbucks coffeehouses, Borders Books and Music, airports and airline clubs. Company History Through the Federal Communications Commission (FCC) auctions of broadband PCS licenses in 1995, 1997 and 1999, Western Wireless Corp. acquired PCS licenses through its VoiceStream Wireless subsidiary. Western Wireless, based in Bellevue, Wash., was formed in 1994 through the merger of General Cellular Corp. and Pacific Northwest Cellular, both led by John W. Stanton. Stanton, also a co- founder of McCaw Cellular Communications, is regarded as a leader and visionary in the wireless industry. Stanton is currently chairman of T-Mobile USA, Inc. and chairman and CEO of Western Wireless. VoiceStream launched the first auctioned PCS license in Honolulu, Hawaii, on Feb. 29. 1996, and continued to aggressively build out its PCS licenses in the western United States, based on the GSM technology platform. On May 3, 1999, VoiceStream Wireless was spun off from its parent company, Western Wireless. In February and May 2000, VoiceStream completed merger transactions with two other regional GSM service providers, Omnipoint Communications and Aerial Communications. VoiceStream fully integrated the three companies by the end of 2000, converting to a single customer billing platform, implementing standard business practices, and successfully launching the VoiceStream Wireless brand name and Get More@) value proposition in all markets including New York, Philadelphia, Miami, Tampa and Detroit. On May 31. 2001, Deutsche Telekom AG, (NYSE:DT) based in Bonn, Germany, completed its acquisitions of VoiceStream Wireless Corp. and Powertel Inc., adding a U.S. member to its mobile telecommunications subsidiary, T-Mobile International. Other member companies included T-D1 in Germany, One2One in the United Kingdom, MaxMobil in Austria and RadioMobil in the Czech Republic. In April 2002, T-Mobile International began bringing its family of companies together under the T-Mobile global brand name exclusively. This initiative culminated September 3, 2002 with the final transition of the VoiceStream brand name to T-Mobile across the United States. T- Mobile International is now the first and only mobile communications company to offer service on both sides of the Atlantic with a single global brand name and a single digital technology standard, GSM. Deutsche Telekom's subsidiaries and affiliated companies today serve more than 83 million mobile customers worldwide, making it one of the top three global wireless carriers. T-Mobile Timeline 2003 • T-Mobile is awarded nationwide wireless priority service contract. WPS enables designated national security and emergency preparedness personnel greatly improved capability to complete wireless calls during times of emergency. • T-Mobile is the first wireless carrier to introduce video messaging services in the U.S., which allows for T-Mobile customers to record and send full motion color video messages, including sound, from a wireless phone. • T-Mobile and Kinko's announce partnership to offer wireless broadband Wi-Fi Internet access at Kinko's locations nationwide. • T-Mobile introduces the award winning color version of the T- Mobile Sidekick TM. The T-Mobile Sidekick device allows customers to surf the Web, chat using the AOLO Instant MessengerTm (AIMO) service, send and receive email, play games, exchange mobile snapshots and talk it up with friends - all from a single device.T- Mobile signs significant roaming agreements with AT&T Wireless, Cingular and Western Wireless to extend GSM/GPRS 1900 MHz coverage for its customers along U.S. highways, rural areas and other key markets. As a result of these agreements, T-Mobile extends its footprint by 10,000 highway miles. http://www.t-mobile.com/company/about/ 5/3/2004 T-Mobile - About our company Page 4 of 5 2002 • VoiceStream completes acquisition of MobileStar Network Corp. Offering Wi-Fi (802.11b) wireless broadband Internet access in hundreds of public locations and hot spots, such as airports, airline clubs and select Starbucks coffeehouses, as the coffee giant's exclusive Wi-Fi network service provider. • VoiceStream expands text -messaging services, allowing customers to send text messages nationwide. no matter which wireless service provider they use. • VoiceStream officially becomes T-Mobile; debuts the global brand with launch of service in California and Nevada. Get MoreO continues as the company's primary consumer and enterprise value proposition. Internationally acclaimed Welsh actress Catherine Zeta -Jones signs on as T-Mobile's global spokeswoman. • T-Mobile becomes the first wireless carrier to introduce the BlackBerry wireless handheld e-mail solution with integrated phone. It also unveils a wireless PC Data Card Modem for use on its nationwide GSM/GPRS voice and high-speed wireless data network. • T-Mobile introduces the first Windows@ Powered Pocket PC Phone Edition for T-Mobile and VoiceStream customers exclusively. The voice -enabled PDA gives customers a true, full color Internet experience on a mobile device, fully integrated with pocket versions of their favorite Microsoft software applications. • T-Mobile officially launches its W i-Fi (802.11 b) service under the name T-Mobile HotSpotsm, in more than 4,000 public locations. • T-Mobile introduces the revolutionary T-Mobile Sidekick TM device, an innovative all -in -one device that lets customers surf the Web, send and receive email, chat using AOLO Instant MessengerTM (AIM@) service, play fun games, take and e-mail mobile snapshots and talk it up with friends and family. • T-Mobile launches Multi Media Messaging Services (MMS) across its entire national footprint; introduces color camera phones, starting at under $100 that let customers take a snapshot, send it to any email address and then talk about it - all from a single device when they're on -the -go. • T-Mobile announces plans to expand it T-Mobile HotSpot service to 400 Borders Books and Music locations and more than 100 of the most frequented American Airlines, Delta Air Lines and United Airlines clubs and lounges. • T-Mobile adds more net customers than any other national carrier in the last two quarters of 2002, ending the year with 9.9 million customers. 2001 • VoiceStream and America Online announce comprehensive services, content and marketing agreement to provide AOL's popular features and services to customers as part of VoiceStream's high-speed wireless Internet service. • VoiceStream and Powertel, Inc. close their merger agreements with Deutsche Telekom on May 31, becoming a part of Deutsche Telekom's mobile telephony subsidiary, T-Mobile International. • VoiceStream launches iStream, the first nationwide GPRS 2.5G high-speed wireless data service, to customers nationwide on Nov. 14. ■ VoiceStream ends the year with more than 7 million customers. 2000 • VoiceStream launches wireless Internet service through its personal portal myvoicestream. com. • VoiceStream Wireless and Aerial Communications complete merger on May 4. • VoiceStream Wireless and Omnipoint complete merger on Feb. 25. • VoiceStream enters into a definitive agreement to merge with Deutsche Telekom AG (NYSE:DT) to form the first wireless operator utilizing the GSM standard worldwide. • VoiceStream and Powertel, Inc. announce plans to merge. http://www.t-mobile.com/company/about/ 5/3/2004 T-Mobile - About our company Page 5 of 5 • VoiceStream adds more than 600,000 customers in fourth quarter alone, ending the year with more than 3.8 million customers. 1999 • VoiceStream spins off from its parent company, Western Wireless, to form VoiceStream Wireless. • VoiceStream Wireless dramatically extends its footprint by announcing mergers with Omnipoint and Aerial Communications. Upon completion of the mergers, the combined company, along with its affiliates, will own owns licenses to provide service in 23 of the top 25 markets. • VoiceStream Wireless joins the Nasdaq-100 Index. • VoiceStream Wireless adds more than half a million new subscribers, ending the year with more than 845,000 customers. 1998 • Western Wireless establishes an alliance with Hutchison Whampoa Ltd., which invests approximately $325 million in the company. • Actress Jamie Lee Curtis becomes VoiceStream Wireless' spokeswoman; launches the company's historic GET MORE® marketing program. • VoiceStream Wireless expands coverage to Phoenix and Tucson late in the year and completes the Seattle system in early 1999. • VoiceStream Wireless introduces international roaming service and offers first dual -band phone that can be used internationally. • VoiceStream Wireless grows rapidly; subscribers total 322,400 at year-end and service revenue exceeds $125 million for the year. 1997 • VoiceStream Wireless opens its first 65,000-square-foot customer care center in Albuquerque, NM, dedicated to servicing VoiceStream customers. • VoiceStream Wireless expands its coverage to Denver and El Paso and ends the year with 128,600 subscribers. 1996 • Western Wireless completes its initial public offering and two bond offerings to raise over $600 million to fund the growth of its PCS and cellular businesses. • Western Wireless launches the VoiceStream Wireless system in Honolulu; Salt Lake City; Albuquerque; Oklahoma City; Portland, Ore.; and Des Moines. 1995 Western PCS Corp. (predecessor to VoiceStream) is successful bidder for PCS licenses in Portland, Honolulu, Albuquerque/El Paso, Des Moines, Oklahoma City and Salt Lake City. 1994 • General Cellular and Pacific Northwest Cellular merge to form Western Wireless. • Western PCS formed to bid in FCC PCS auction. T-Mobile USA : Jobs.: Comp...an..y._Info.: Press : Developer._ Center : Contact : Consumer T-Mobile International : International Sites : Austria : Czech Republic : Germany : Netherlands : Poland : Russia : United Kingdom T-Mobile.com 0.2.10101.272.0.9.4 T-Mobile...,USA,_Inc Terms of Us.. : Terms ._& Cond.. itions : Return Policy : Privacy Policy : Site. M.ap : Rl .tai http://www.t-mobile.com/company/about/ 5/3/2004 • T-Mobile - Quick Facts Page 1 of 2 T-Mobile USA : No location selected (change location) i ior� &nl't 1i q ; c< Explore Business pages Products Plans Coverage Services & Features Help My T- Ouick facts » About our company q- Quick facts » Meet Catherine Zeta -Jones » About our technology >> Safety information » TTY Policy Overview U.S. Operations of T-Mobile Based in Bellevue, Washington, the U.S. operations of T-Mobile -international AG & Co. K.G., consists of T-Mobile USA, Inc. (formerly VoiceStream Wireless) and Powertel, Inc. (together "T-Mobile"). T- Mobile International AG & Co. K.G. is the mobile communications subsidiary of Deutsche Telekom AG (NYSE: DT). T-Mobile USA is nationwide provider of wireless voice, messaging and data services. Home Office: 12920 S.E. 38th Street, Bellevue, WA 98006 1-800-318-9270 Philosophy: To provide customers with the best overall value in their wireless service. Through T-Mobile's Get More@ service offerings, customers get more features, more service and more minutes, enabling them to enjoy the benefits of mobile communications to Get more from llfeO. Technology and Services: T-Mobile operates an all -digital, national wireless network based on the globally dominant GSM (Global System for Mobile Communications) technology. T-Mobile's entire network has been enhanced to provide 2.5G services with GPRS (General Packet Radio Service), providing customers wireless Internet access through a variety of integrated devices at average speeds of 40 Kbps. Additionally, T-Mobile operates a W i-Fi (802.11 b) wireless broadband (W LAN) network with service in more than 4,000 public locations across the country under the name T-Mobile HotSpot Customers with a Wi-Fi enabled laptop or PDA can access the network for a high-speed wireless Internet connection at speeds 40 to 50 times faster than standard dial -up Internet access. Executive Officers: John Stanton Chairman Robert Dotson President and Chief Executive Officer Dave Miller SVP, General Counsel and Secretary Brian Kirkpatrick EVP and Chief Financial Officer Tim Wong EVP and Chief Technical Officer Employees: More than 22,000 nationwide Subscribers: 13.1 million customers based on year end 2003 reporting Coverage: T-Mobile's GSM/GPRS network covers 251 million people with service in 46 of the top 50 U.S. markets. T-Mobile offers W i-Fi (802.11) wireless broadband Internet access in more than 4,000 public locations across the country. Website: www.t-mobile.com http://www.t-mobile.com/company/about/quickfacts.asp 5/3/2004 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact Subject: Economic Development, Neighborhoods and Strategic Planning Rebecca Lind (ext. 6588) 2004 Title IV Docket Report Exhibits: Issue Paper May 4, 2004 2004 Docket Summary April 29, 2004 Private Applications: #04-7 Eric Cameron: Exterior On -site Lighting #04-8 Courtney Flora: Minimum Lot Size with the Binding Site Plan #04-9 John Kernie: Detached Multi -family in the RM-I Zone and #04-10 David Fey: Stand-alone Multi -family in the Convenience Commercial Zone Al #: e For Agenda of: May 10, 2004 Agenda Status Consent .............. Public Hearing. Correspondence. Ordinance ............. Resolution............ Old Business... New Business... Study Sessions...... Information ......... Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept...... Finance Dept... Other ............... Fiscal Impact: Expenditure Required.... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. ►91 SUMMARY OF ACTION: Twelve development standards text amendments are proposed for inclusion in the 2004 docket work program. Staff finds that 8 applications should be included, but Application # 04-7, for Exterior On -site Lighting, Application # 04-8, Minimum Lot Size with the Binding Site Plan, and Application # 04-10 Multi -family in the Convenience Commercial Zone should be denied inclusion in the work program based on policy considerations in each instance. One application, #04-2 Mitigation Fees, cannot be accomplished until 2005. STAFF RECOMMENDATION: Council approve Files 04-1-6, File 04-9, File 04-11 and File 04-12; deny Files 04-7, 04-8, and 04-10; and hold File 04-2 until next year 2004 Docket Agenda CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: May 4, 2004 TO: Don Persson, Council President City Council Members VIA: Mayor Kathy Keolker-Wheeler FROM: Alex Pietsch, Administrator STAFF CONTACT: Rebecca Lind (ext. 6588) SUBJECT: 2004 Title IV Docket Report ISSUE: Whether the City Council will authorize a work program for docket issues? RECOMMENDATION: • Proceed with development standards text amendments for: File 04-1 Title IV, Chapter 1 Housekeeping Amendments File 04-2 Title IV, Chapter 1 Mitigation Fees (in 2005) File 04-3 Title IV Aquifer Protection Area Map File 04-4 Title IV Chapter 2 Density Calculations File 04-5 Chapter 2, Platting File 04-6 Green River Valley Map File 04-9 Detached multi -family and carriage houses in the RM-I zone File 04-11 Appeals process File 04-12 References to NC-1 and NC-2 in the binding site plan process • Deny proposed amendments for the following applications: File 04-7 Exterior On -site Lighting File 04-8 Elimination of the minimum lot size for the binding site plan process File 04-10 Stand-alone multi -family in the Convenience Commercial zone May 3, 2004 Page 2 BACKGROUND SUMMARY: The Renton Municipal Code, Section 4-9-025A establishes a procedure for review of proposed text amendments to Title IV development regulations pursuant to the Growth Management Act, RCW 36.70A.470. This section of the GMA specifies the creation of an annual docket that can be used to list potential changes to development regulations and allows any interested person, including applicants, citizens, hearing examiner, and staff of other agencies, to suggest comprehensive plan or development regulation amendments. The "plan" portion of this requirement is met through the City's comprehensive plan pre - application process. The text amendment procedure is a means to either suggest a change in policy, or to identify a deficiency in the development regulations. Deficiency is defined as absence of required or potentially desirable contents. Suggested amendments must be "docketed," available for review by the public and considered on at least an annual basis. The review must include a staff recommendation as to whether the suggested amendment should be included within the year's work program. If the City Council concurs with the staff recommendation, the drafting and review process commences. If the staff recommends against an amendment, the proponent may petition the Council to consider it. Once a proposal is denied by the City Council, re -application may not occur for two years unless the Council finds that changed circumstances exist. CONCLUSION: This is the first year the City is using the docket procedure to prioritize code amendments and identify a work program that meets policy direction. It is recommended that Council authorize staff to proceed with eight amendments in 2004 and hold one amendment to 2005. attachment H:\EDNSP\Title IV\Docket\2004 Docket Issue.doc City of Renton Title IV Docket Summary 2004 April 29, 2004 File > Source Docketedem. ' 'w r.Recgmriendation 04-1 Staff Chapter 1 Housekeeping It is recommended that this request EDNSP/ amendments to Title IV these for a code amendment be approved PBPW amendments were started in and that the work program be 2002-2003 and not completed. completed in 2004. This has been drafted into ordinance format and there was an issue paper. It was presented to Planning Commission, and to Planning & Development Committee. However, SEPA was not done on it (does it need to be done?). Also, at last count 6 amendments have been passed to Chapter 1 these amendments were drafted. Review is needed. 04-2 Staff Title IV Chapter 1 Mitigation It is recommended that this request EDNSP/ fees - for a code amendment be approved PBPW Amend regulations to establish but that this work program be held GMA as the authority for until 2005 due to staffing issues. mitigation fees rather than SEPA. 04-3 Staff PBPW Title IV Aquifer Protection Area This amendment implements the Map Amendment needed to Environment Element Policies It is reflect changes. recommended that this request for a code amendment be approved and that the work program be completed in 2004. 04-4 Staff PBPW Chapter 2 Clarify that density This proposed amendment is calculations can not be rounded consistent with policy direction in up e. 8 du/net acre can not accept the Land Use Element of the a plat with 8.9 du/net acre. Comprehensive Plan. It is recommended that this request for a code amendment be approved and that the work program be completed in 2004. 04-05 Staff PBPW Chapter 2 Clarify re -platting This proposed amendment is rules for short plats to ensure consistent with policy direction in that density can not be re- the Land Use Element of the calculated for remaining short Comprehensive Plan. It is plats. recommended that this request for a code amendment be approved and that the work program be completed in 2004. H:\EDNSP\Title IV\Docket\2004 Docket Summary Table.doc 04-06 1 Staff PBPW 04-07 04-08 Citizen Request Eric Cameron Courtney Flora representing Unico Properties Inc. owner of Washington Technical Center Delete the Green River Valley Map for 2% wetland bank. This code requirement is implemented and no longer considered necessary. This is a request for an amendment to Section 4-4-075 Exterior On -Site Lighting. The request is to require lighting at commercial properties in the downtown to be shielded, deflected, or directed away from residential uses. An issue paper was drafted on this last year. Code enforcement staff requests language that is enforceable. Existing language was deemed too vague to stand up in a court of law. Research is needed to make this more enforceable. Amendments to RMC-4-7-230 Binding site plan section of code to address the size of land area to be considered in the binding site plan process. This amendment is requested to allow segregation of developed properties in the commercial and industrial zones where existing buildings are located in a configuration that does not conform to minimum lot size requirements for those zones. (See attached letter and site plan). H:\EDNSP\Title IV\Docket\2004 Docket Summary Table.doc This proposed amendment is consistent with policy direction in the Land Use Element of the Comprehensive Plan. It is recommended that this request for a code amendment be approved and that the work program be completed in 2004. The Land Use Element of the Comprehensive Plan anticipates Urban Center development in the mixed -use core consisting of residential and commercial development. To create a quality residential environment it is essential that uses be compatible and designed so that activities do not conflict. However, pre-existing commercial uses cannot be required to redevelop lighting when residential development is proposed in the vicinity. It is recommended that this proposed code amendment request be denied, but that the issue of lighting for new uses proposed in the Urban Center be addressed through the Community Design Element and implementing zoning as part of the GMA 2004 update. The binding site plan process is used to allow planning for and creation of parcels prior to development of infrastructure improvements. The binding site plan utilizes the same development standards as the platting process so that parcels created are required to adhere to the same standards as other parcels in any given zone. In this particular case, the property owner is seeking relief from the minimum lot size in the Medium Industrial zone in order to segregate parcels. The purpose of the minimum lot size in the industrial zones is to insure that adequate sized parcels are available to accommodate the range of uses envisioned in the zones. A change in the binding site process would allow binding site plans to be executed in all zones 04-09 1 John Kernie 04-10 property owner 432 Smithers David Fey for the Estate of John Martin Kennelly The property owner requests an amendment to Section 4-2-060C and 4-2-070 H to allow detached multi -family and carriage houses in the Residential Multi -family zone. The zone currently requires multifamily development using attached units. Request for revision to Section 4-2-070I Convenience Commercial zone to allow existing attached dwellings as permitted uses. The property owner requests the code amendment to allow H:\EDNSP\Title IV\Docket\2004 Docket Summary Table.doc without conforming to the minimum lot sizes. In each zone the lot size is established purposely to accommodate the type of development envisioned by the Comprehensive Plan and zoning. A change in the binding site plan process would undermine this intent. Consequently it is recommended that this request for a code amendment be denied. The purpose and intent of the Residential- Multi -family zone is to provide and protect suitable environments for multi -family housing. The Housing Element of the Comprehensive Plan calls for consideration of a greater range of housing types. Detached multifamily development, defined as multiple units developed as a cluster in a condominium or rental form of ownership with shared parking, could be considered as both meeting the intent of the Comprehensive Plan and zoning. Cottage housing and carriage housing could also be considered under this definition. Additional traditional single-family housing with setbacks and parking provided on each lot does not meet the intent of this zone. It is recommended that this request for a code amendment be approved but that the scope of work include consideration of a minimum density or minimum project size and common site plan to insure that the purpose of the zone is implemented. It is further recommended that the issue be reviewed during the 2005 work program as part of the implementation of the Comprehensive Plan. The purpose of the Convenience Commercial zone is to allow small- scale commercial activities that support the neighborhood. Limited residential is allowed as a mixed use. Stand-alone multi -family development does not support the construction of a parking lot for purpose and intent of the zone. The a currently non -conforming existing property is a legal non - apartment building. conforming use. Expansion of the use with a parking lot solves the short term parking issue but makes the property more valuable and could delay redevelopment of the site with a conforming use. It is recommended that this request for code amendment be denied. 04-11 Staff PBPW Clarify the appeals process in This is a housekeeping amendment Title IV. that changes no policy but clarifies an existing procedure. It is recommended that this request for a code amendment be approved and that the work program be completed in 2004. 04-12 Staff PBPW Add references to the NC-1 and This amendment will be needed to NC —2 Zones in the Binding Site allow use of the binding site plan as Plan Process. an alternative to subdivision within the two Urban Center- north zones. The binding site plan is a useful alternative for certain commercial properties particularly where lease arrangement and shared parking are negotiated. It is recommended that this request for a code amendment be approved and that the work program be completed in 2004. H:\EDNSP\Title IV\Docket\2004 Docket Summary Table.doc CITY CODE TEXT REVISION PROCESS Economic Development, Neighborhoods, and Strategic Planning CITY CODE TEXT REVISIONS... City of Renton Economic Development, Neighborhoods, and Strategic Planning 1055 South Grady Way -Renton, WA 98055 Phone: 425-430-6588 APPLICANT: Eric Cameron PHONE: 425-277-0112 ADDRESS: 55 Williams Avenue S Unit 308 Renton WA 98055 E-MAIL: AX #: A process has been created to allow you to suggest changes or identify deficiencies in the City's Development Regulations. Please complete the following information. If additional pages are needed, please attach. Code to be revised: Section 4-4-075 Title of Section Exterior On -Site Lightinq Explain what you propose to change: Apply to amend code to remedy existing commercial lighting that creates nuisances to nearby residential properties as defined in Chapter 1 of RMC Explain why you are requesting this change: As additional mixed -use residential development occurs in areas such as Downtown Renton there is an increased potential for commercial lighting to become a nuisance to residents living in those areas if lights are not Properly shielded deflected or directed to areas meant to be illuminated. A specific example concerns the 55 Williams residents living in units facing south which are currently impacted by liahtina from nearbv commercial establishments. (OVER) APPLICATION — TITLE IV.doc 1 02/26/2003 CITY CODE TEXT REVISION PROCESS Submit to: PLANNING MANAGER EDNSP, 6T" FLOOR 1055 SOUTH GRADY WAY RENTON, WA 98055 Phone: 425-430-6588 City Use Only: (�µW&S Staff Initiating Request: Mawr —A(, Concurrence of Dept. Administrator or Designee: ■ Proposed amendments must be submitted to Economic Development, Neighborhoods, and Strategic Planning Department (EDNSP) by December 15th for consideration the following year. ■ Proposed amendments to the City's Development Regulations shall be reviewed by the appropriate City departments. Those that also require a Comprehensive Plan amendment shall be considered pursuant to Renton Municipal Code (RMC) 4-9-020. ■ The EDNSP Department shall issue a staff response to all proposed amendments by the first business day of May. ■ EDNSP shall forward the City Council a report including all proposed amendments, comments, and staff responses by the fist business day of May. ■ Upon receipt of the Title 4 development regulation amendment report, the City Clerk's Office shall mail written notice to all proponents'of amendment requests. This notice shall include the schedule of dates for public hearings, committee meetings, and any other opportunities for public testimony on the current year's Title 4 development regulations update as well as information for petitioning City Council to consider additional amendments. ■ Title 4 amendment proposals that are rejected by the City shall not be reconsidered within two years, unless a compelling case for changed circumstances can be made. Proponents of Title 4 amendment proposals shall be notified in writing, once the status of the proposal is determined. APPLICATION — TITLE IV.doc 2 02/26/2003 Courtney E. Flora 2025 First Ave., Suite 1 130 Seattle WA 98121-2100 206-448-1818 206-448-3444 Fax cflora@mhf6.com January 28, 2004 City of Renton Development Services Division Attn.: Rebecca Lind, Planning Manager Renton City Hall-6"' Floor 1055 South Grady Way Renton, Washington 99055 A Profe-i... I _ Service Corporation RAE r- P, JA N 2 9 2004 ECONOMIC DEVELOPP ENT. NEIGHRORH00o,- Re: Application for Text Amendment to Renton's Binding Site Plan Regulations Dear Ms. Lind: We represent Unico Properties Inc., owner of the Washington Technical Center (WTC) site located near Powell Avenue and SW 7th Street. Through this letter, Unico is seeking a limited text amendment to the City of Renton's binding site plan regulations in RMC 4-7-230. Before outlining the proposed amendment and its justification, we provide some background for our request. The WTC site is divided into four large lots, each of which have three to four large buildings and common parking areas. The site is currently 40% vacant, and like other South Sound commercial property owners, Unico has been unsuccessful in achieving capacity at this site. Late last year, Unico decided to subdivide the WTC property in an effort to make it more marketable. Rather than using the traditional subdivision process, Unico decided to submit an application under Renton's recently -adopted binding site plan (BSP) regulations, which would presumably offer more flexibility in lot size and configuration by applying development standards to the entire BSP site rather than each individual lot. If Renton's regulations would apply development standards to each individual lot in a BSP, there would be no substantive advantage to using the BSP process. In mid -November, we met with representatives from the City's Development Services Division to discuss some potential lot configurations for the WTC site. After that meeting, we wrote a letter to the City asking whether Renton's BSP regulations would apply development standards such as minimum lot size to the entire BSP site, or alternatively, to each individual lot within the BSP. G:\Unico\686.004\corr\CodeAmendmentl.doc City of Renton Attn.: Rebecca Lind, Planning Manager January 28, 2004 Page 2 We noted in our letter that the exemption from traditional subdivision requirements is the primary purpose behind the state law authorizing BSPs, and that the BSP regulations of several large jurisdictions, such as King and Snohomish Counties, explicitly state that the collective lots in a BSP "function as one site." King County Code 19A.20.030; Snohomish County Code 30.23.060 (the "entire land area of binding site plan shall be treated as a single lot when applying minimum lot area, width, setbacks, etc.'D. Exhibit A at 4. The City's response stated that Renton's BSP regulations require each lot within the BSP to comply with zoning and development regulations, and that in order to reconfigure the WTC lots as discussed at our meeting, Unico would need to pursue a code amendment to alter the City's BSP regulations (or the minimum lot size restrictions of the IM zone). Accordingly, Unico is proposing a narrow amendment to the City's BSP regulations in RMC 4-7-230E.1. 1. Proposed change Amend RMC 4-7-230E.1. as follows: 1. Legal Lots: Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record; provided that the entire land area subject to the binding site plan shall be treated as a single lot when applying minimum lot width, setbacks, maximum lot coverage, off-street parking, sign landscaping, and other development regulations. The number of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots allowed in the applicable zoning district. 2. Reason for requesting this change A. The change is consistent with state law and other jurisdictions' BSP regulations Every subdivision in the state of Washington must comply with Chapter 58.17 RCW. Local jurisdictions may, however, adopt "procedures for the divisions of land by use of a binding site plan as an alternative to the procedures required by this chapter." RCW 58.17.035. These "alternative" procedures may be applied to commercially or industrially zoned property. Lots, parcels or tracts created through the BSP process become legal lots of record and cannot exceed the number of lots allowed by the local zoning ordinances. RCW 58.17.035. Because state law does not direct that the size and configuration of lots within a BSP must be identical to that in a subdivision, the Legislature intended to afford some substantive flexibility to lots in commercial and industrial developments. If that were not the case, there would be little incentive to use the BSP process. G:\Unico\686.004\corn\CodeAmendmenti.doc City of Renton Attn.: Rebecca Lind, Planning Manager January 28, 2004 Page 3 Two of the largest jurisdictions in Washington State implement the Legislature's intent by explicitly stating that minimum lot area, width, and setback requirements are applied to the entire BSP site rather than to each individual lot within the BSP. Unico's proposed change is patterned after Snohomish County's BSP regulations, which provide that the "entire land area of binding site plan shall be treated as a single lot when applying minimum lot,area, width, setbacks, etc." SCC 30.23.060. Exhibit A at 4. As noted above, state law authorizes local jurisdictions to adopt a BSP process in order to provide an alternative to traditional subdivisions. If the only difference between the subdivision and BSP process is a hearing requirement (as is the case in Renton), the Legislature's intent is not met. B. The change is necessary to stimulate the sale and development of commercial and industrial property in the City of Renton In addition to benefiting Unico, this change would benefit countless other similarly - situated industrial and commercial property owners in the City of Renton. Like the WTC site, a number of existing commercial and industrial complexes in the City of Renton could achieve higher occupancy rates and a higher return on existing space if afforded some flexibility in dividing sites for sale to individual purchasers. Our proposed amendment affords needed flexibility to commercial and industrial developments, consistent with the Legislature's intent. Like King and Snohomish Counties, Renton could use its BSP regulations as an important tool in stimulating the sale and development of commercial and industrial property. C. The change is necessary to make the WTC site economically viable As noted above, the WTC property is divided into four large lots, each of which contain three to four commercial buildings and associated parking areas. Exhibit B. The WTC site is currently at 60% occupancy. Unico has aggressively attempted to market this site, but potential investors have severely discounted the value of the park as a portfolio because of the high vacancy rate, as most investors need in -place cash flow to achieve fair market value. As is the case with other low -occupancy commercial and industrial sites in the City of Renton, investors see a slow recovery that equates to low rents, long lease -up periods and large amounts of capital to entice new tenants. Potential investors have indicated that if individual buildings in the WTC were available for sale, specific buildings could be matched with appropriate investors/users, and occupancy for the space could be achieved. A strong demand G:\Unico\686.004\corr\CodeAmendmentl.doc City of Renton Attn.: Rebecca Lind, Planning Manager January 28, 2004 Page 4 exists for this type of flexible investment. Unico has recently met with several brokers representing buyers (both users and investors) and has been assured that several sales of individual buildings in the WTC could take place in 2004. Based on these conversations, Unico considered subdividing the WTC site. But because of the unique configuration of existing buildings and parking areas, the required minimum lot size of 35,000 square feet is not feasible. Accordingly, the desired goal of creating individually -marketable buildings on the WTC site cannot be achieved through subdivision. For these reasons, Unico is requesting that the City amend its BSP regulations to provide a true alternative to subdivision. We are asking the City to expedite its review of this code amendment request, as several potential sales are on hold pending the City's decision. Thank you for your time, and please feel free to contact us if you have questions or would like additional information. Very truly yours, Cou . Flora Enclosures CC. David Laird Greg Petry Jack McCullough G:\Unico\686.004\cDrr\CDdeAmendmentl.doc EXHIBIT A Page 1 of 10 Chapter 30.23 General Development Standards - Bulk Regulations 30.23.010 Dimensional requirements. (1) All lots and structures shall conform to the requirements listed on the Bulk Matrix, SCC 30.23.030(1), unless modified elsewhere in this title. (2) Lot area in the RU zone shall be as set forth in SCC 30.23.030(41). (Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003) 30.23.020 Minimum net density for residential development in UGAs. (1) A minimum net density of four dwelling units per acre shall be required in all UGAs for: (a) New subdivisions, short subdivisions, PRDs, and mobile home parks; and (b) New residential development in the LDMR, MR, and Townhouse zones. (2) Minimum net density is the density of development excluding roads, critical areas and required buffers, drainage detention/retention areas, biofiltration swales, and areas required for public use. (3) Minimum net density is determined by rounding up to the next whole unit or lot when a fraction of a unit or lot is 0.5 or greater. (4) For new subdivisions and short subdivisions, the minimum lot size of the underlying zone may be reduced as necessary to allow a lot yield that meets the minimum density requirement. Each lot shall be at least 6,000 square feet, except as otherwise allowed by this title. (5) The minimum net density requirement of this section shall not apply: (a) In the Darrington, Index, and Gold Bar UGAs; and (b) Where regulations on development of steep slopes, SCC 30.41A.250, or sewerage regulations, SCC 30.29.100, require a lesser density. (Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003) 30.23.030 Bulk matrix. The bulk matrix contains standard setback, lot coverage, building height, and lot dimension regulations for zones in unincorporated Snohomish County. Additional setback and lot area requirements and exceptions are found at SCC 30.23.100 - 30.23.260. Click here for link to Table 30.23.030(1) Bulk Matrix .pdf file (Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 03-107, Sept. 10, 2003, Eff Date Sept. 25, 2003) 30.23.040 Reference notes for bulk matrix: (1) MR bulk requirements shall apply for all residential development permitted in urban commercial zones. (2) When subdivisionally described, the minimum lot area shall be 1/128th of a section. (3) When subdivisionally described, the minimum lot area shall be 1/32nd of a section. (4) In the LDMR zone, the maximum density shall be calculated based on 4,000 square feet of http://198.23 8.192.1041nxtlgateway.dll/SCCodelcode%20title00000ltitle00035.htm?f=-te... 12/29/2003 Page 2 of 10 land per dwelling unit. (5) In the MR zone, the maximum density shall be calculated based on 2,000 square feet of land per dwelling unit. (6) Commercial forestry structures shall not exceed 65 feet in height. (7) Non-residential structures shall not exceed 45 feet in height. (8) Lot coverage includes all buildings on the given lot. (9) Includes public rights -of -way 60 feet and wider; public rights -of -way under 60 feet in a recorded plat with curbs and gutters; and private roads and easements. 'These setbacks shall be measured from the edge of the right-of-way. (10) Applies to public rights -of -way under 60 feet. These setbacks shall be measured from the center of the right-of-way. (11) These setbacks shall be measured from the property line. (12) These setbacks shall be measured from the ordinary high-water mark and shall apply only to the rear setback. In the LDMR and MR zones this setback applies to single family dwellings only. Greater setbacks than those listed may apply to areas subject to Shoreline Management Master Program jurisdiction. Some uses have special setbacks. See SCC 30.23.110 for specifics. (13) The listed setbacks apply where the adjacent property is zoned F. In all other cases, setbacks are the same as in the R-8,400 zone. In the F zone, the setbacks for residential structures on 10 acres or less which were legally created prior to being zoned to F shall be the same as in the R-8,400 zone. (14) The listed setbacks apply to single family detached structures. For a townhouse, see chapter 30.31 E SCC. (15) MR and LDMR setbacks. (a) Single family detached structures and duplexes shall have the minimum setbacks required in the R-8,400 zone. Building separation between single family detached structures or duplexes shall be a minimum of 10 feet. (b) Other structures shall have minimum side and rear setbacks of five feet (10 feet where abutting residential, rural, or resource zones). Building separation between primary MR and LDMR structures shall be a minimum of 15 feet. Building separation between primary structures and secondary/accessory structures, including but not limited to carports and garages, and separation between secondary structures themselves, shall be determined by the applicable sections of the Uniform Building Code (UBC). (c) Multi -story structures shall increase all setbacks by three feet and building separations by five feet for each additional story over two stories. (16) In the FS zone, the setback from non-residential property shall be five feet for side setbacks and 15 feet for rear setbacks. (17) In the IP zone there shall be an additional one foot setback for every one foot of building height over 45 feet. (18) In the PCB zone the setback from private roads and easements is 25 feet. (19) See SCC 30.31A.020(1) and (2) which specifies the minimum area of a tract of land necessary for PCB or BP zoning. (20) See additional setback provisions for dwellings located along the boundaries of designated farmland contained in SCC 30.32B.130. (21) See additional setback provisions for structures located adjacent to forest lands, and/or on lands designated local forest or commercial forest contained in SCC 30.32A.110. (22) The minimum lot size for properties designated Rural Residential (RR) - 10 (Resource Transition) on the comprehensive plan shall be 10 acres. For properties designated Rural Residential - 10 (Resource Transition) and located outside the Tulalip Reservation the lot/unit yield for rural cluster subdivisions or housing demonstration program projects using PRD provisions shall be based on a minimum lot size of 200,000 square feet. (23) Minimum lot area requirements may be modified within UGAs in accordance with SCC http:// 198.238.192.104/nxt/gateway.dll/SCCode/code%20title00000/title00035.htm?f=te... 12/29/2003 Page 3 of 10 30.23.020. (24) In rural cluster subdivisions approved in accordance with the provisions of chapter 30.41 C SCC, the minimum lot area shall be as provided in SCC 30.23.220. The maximum lot area shall be 20,000 square feet or less when located in rural/urban transition areas. (25) These setbacks shall be measured from the edge of the right-of-way as determined by the director of the department of public works. (26) Except where specifically prohibited by the hearing examiner, the director of the department may waive or modify building setback requirements abutting private roads and/or private access easements serving lots within commercial and industrial zones only if such waiver or modification will not have a likely impact upon future right-of-way needs and/or right-of-way improvements. (27) See SCC 30.23.050 for height limit exceptions. (28) See SCC 30.23.100 et seq. for additional setback requirements and exceptions. (29) See SCC 30.23.200 et seq. for additional lot area requirements and exceptions. (30) SCC 30.32A.120 (Siting of new structures: commercial forest land) requires an application for a new structure on parcels designated commercial forest, but not within a designated commercial forest _ forest transition area, to provide a minimum 500-foot setback, which shall be a resource protection area, from the property boundaries of adjacent commercial forest lands except that if the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 500 feet, the new structure shall maintain the maximum setback possible, as determined by the department. (31) Performance standards and minimum zoning criteria to establish and continue a MC zone are set forth in chapter 30.31D SCC. (32) The site shall be a contiguous geographic area and have a size of not less than 10 acres, except in the case of subsurface shaft excavations, no minimum acreage is required, pursuant to SCC 30.31 D.020(1)(a). (33) See SCC Table 30.28.050(3)(i) for setback requirements for structures containing a home occupation. (34) See SCC 30.23.120 for other setback exceptions. (35) See chapter 30.31E SCC, for more complete information on the Townhouse Zone height, setback, and lot coverage requirements. (36) See SCC 30.23.040(15) for MR and LDMR setbacks. (37) Agriculture: All structures used for housing or feeding animals, not including household pets, shall be located at least 30 feet from all property lines and dwellings, as provided in SCC 32.23.110(1). (38) There shall be no subdivision of land designated commercial forest in the comprehensive plan except to allow installation of communication and utility facilities if all the following requirements are met: (a) The facility cannot suitably be located on undesignated land; (b) The installation cannot be accomplished without subdivision; (c) The facility is to be located on the lowest feasible grade of forest land; and (d) The facility removes as little land as possible from timber production. (39) On parcels designated commercial forest, but not within a designated commercial forest - forest transition area, establish and maintain a minimum 500-foot setback, which shall be a resource protection area, from the property boundaries of adjacent commercial forest lands except when the size, shape, and/or physical site constraints of an existing legal lot do not allow a setback of 500 feet, the new structure shall maintain the maximum setback possible as provided in SCC 30.32A.120. (40) Land designated local commercial farmland shall not be divided into lots of less than 10 acres unless: (a) A properly executed deed restriction which runs with the land and which provides that the land divided is to be used exclusively for agriculture, forestry, utility purposes, or for gift or dedication to a public or not -for -profit park or conservation agency and specifically not for a dwelling(s), is recorded with the Snohomish County Auditor; or http://l 98.23 8.192.104/nxt/gateway.dll/SCCode/code%20title00000/title00035.htm?f=te... 12/29/2003 Page 4 of 10 (b) A rural cluster subdivision at the underlying zoning is approved, as provided for in SCC 30.32A.120. (41) Minimum lot area in the rural use zone shall be the minimum allowed by the zone identified as the implementing zone by the comprehensive plan for the plan designation applied to the subject property. Where more than one implementing zone is identified for the same designation, the minimum lot size shall be that of the zone allowing the smallest lot size. Click here for link to Figure 30.23.030(42) EASEMENT SETBACKS PER BULK MATRIX (43) Additional bulk requirements may apply. Refer to SCC 30.31F.100 and 30.31F.140. (44) The 50% maximum lot coverage limitation applies solely to the portion of the area within the CRC comprehensive plan designation and zone that is centered at 180th Street SE and SR 9, generally extending between the intersection of 172nd Street/SR 9 to just south of 184th Street/SR 9, as indicated on the County's FLUM and zoning map. (45) The 30% maximum lot coverage limitation applies solely to the portion area located within the CRC comprehensive plan designation and zone that is centered at State Route (SR) 9 and 164th Street SE, as indicated on the County's Future Land Use Map (FLUM) and zoning map. (Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003) 30.23.050 Height limit exceptions. The following types of structures or structural parts shall not be subject to height limitations: (1) Tanks and bunkers, church spires, belfries, domes, monuments, chimneys, water towers, fire and hose towers, observation towers, stadiums, smokestacks, flag poles, towers and masts used to support commercial radio and television antennae, bulkheads, water tanks, scenery lofts, cooling towers, grain elevators, gravel and cement tanks and bunkers, and drive-in theater projection screens. (Structures or parts shall be 50 feet or more from any adjoining lot line);. (2) Towers and masts used to support private antennae. These structures shall meet minimum setback requirements of the zone in which they are located, and the horizontal array of the antennae shall not intersect the vertical plane of the property line; (3) Towers, masts, or poles supporting electric utility, telephone and/or other communication lines; (4) Schools and educational institutions, when approved as part of a conditional use permit, shall not exceed 45 feet in height. The portion of any building that exceeds the maximum building height of the underlying zone shall be set back 50 feet or more from any external lot line; (5) Aircraft hangars, when located in industrial zones. The hangar shall be set back 100 feet or more from any non -industrial zone; and (6) Rooftop heating, ventilation and air conditioning (HVAC) and similar systems, when located on commercial, industrial, or multifamily structures. The systems shall not exceed the maximum building height of the underlying zone by more than 30 percent or 15 feet, whichever is less. Sight - obscuring screening shall be required unless otherwise approved by the director of the department. (Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003) 30.23.060 Binding site plans (BSP). Land divided pursuant to a recorded binding site plan shall be governed by the bulk regulations of the underlying zone. The entire land area subject to the BSP shall be treated as a single lot when applying minimum lot area, minimum lot width, setbacks, maximum lot coverage, off-street parking, sign, and landscaping requirements. http:H 198.23 8.192.104/nxt/gateway.dll/S CCode/code%20title00000/title0003 5.htm?f=te... 12/29/2003 Page 5of10 (Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003) 30.23.100 Setbacks and sight triangles. (1) All structures shall be placed on their lots in compliance with the requirements of the Bulk Matrix, SCC 30.23.030(1), except as otherwise provided in this title. (2) Except as otherwise provided in this title, every required setback shall be open and unobstructed from the ground to the sky except for trees and other natural vegetation. No setback or open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a setback or open space on the adjacent building site whereon a building is located or is to be erected. SCC 30.23.250 establishes the setback requirements for aggregated lots. When the common boundary line separating two or more contiguous lots is covered by a building or permitted group of buildings or when two or more lots are used as a single building site, the lots shall constitute a single building site and the setbacks as required by this title shall then apply to the aggregate of the lots. (3) All corner lots shall maintain a vehicular sight triangle for safety purposes. A sight triangle is a triangular area, one angle of which shall be formed by the front and side lot lines. These two sides of the triangle, forming the corner angle, shall be 15 feet in length measured from the aforementioned corner angle. The third side of the triangle shall be a straight line connecting the two 15 foot lines. Within the area comprising the triangle, no tree, fence, shrub, or other physical obstruction higher than 42 inches above the established street grade shall be permitted. No fences or freestanding walls more than four feet in height shall be permitted in the sight triangle when the sides forming the street corner angle measure 40 feet or less. Figure 30.23.100(3) illustrates how this subsection is applied: Click here for a link to 30.23.100 .pdf file (Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003) 30.23.110 Special setbacks for certain uses. This section supplements the normal setbacks required by the underlying zone for the specified use. (1) Agriculture: All structures used for housing or feeding animals, not including household pets, shall be located at least 30 feet from all property.lines and dwellings. (2) Amusement Facilities: Theaters must be at least 300 feet from the property line of any preschool or K-12 school. Other amusement facilities must be at least 500 feet from the property line of any park, playground, preschool, or K-12 school. Distances shall be measured horizontally by following a straight line from the nearest point in the building in which the amusement facility will be located, to the nearest property line of a parcel which contains a park, playground, preschool, or K-12 school. (3) Art Gallery: All buildings must be at least 20 feet from any other lot in a residential zone. (4) Cemetery, Mausoleum, and Crematoriums: All buildings must be at least 50 feet from external boundaries of the property. (5) Church: All buildings must be at least 25 feet from any other lot in a residential zone. (6) Dock and Boathouse: Covered structures must be at least three feet from any side lot line or extension thereof. No setback from adjacent properties is required for any uncovered structure, and no setback from the water is required for any structure permitted hereunder. (7) Educational Institutions: (a) All buildings must be at least 35 feet from all external property lines; and (b) All buildings must be at least 75 feet from the centerlines of all street rights -of -way, or 45 feet from the edges of all such rights -of -way, whichever is greater. http:// 198.23 8.192.104/nxt/gateway.dll/SCCode/code%20title00000/title0003 5.htm?f=te... 12/29/2003 EXHIBIT B WIth STREET CITY CODE TEXT REVISION PROCESS Economic Development, Neighborhoods, and Strategic Planning CITY CODE TEXT REVISIONS City of Renton Economic Development, Neighborhoods, and Strategic Planning 1055 South Grady Way -Renton, WA 98055 Phone: 425-430-6588 APPLICANT: PHONE: ADDRESS: �S��i`f1J� S6' . /Zell, b" E-MAIL: G` 19 a �; AX M A process has been created to allow you to suggest changes or identify deficiencies in the City's Development Regulations. Please complete the following information. If additional pages are needed, please attach. Code to be revised: Section 2 ._o 70 H Title of Section Explain what you propose to change: -y /_t� Fli,:� 3 -L 4110w d t' - r(- Gt-ee. U117 l4,5, 6; /1- a Uw GL yr 1,�4 5 f 5 . Explain why you are requesting this change:_ Fe&1'Ca ° 4M t—d 7-4 z-_ I�17 =T ',7 0MC, hay do4-rc644 5-7_mac, %e 7,c-,)­W V) 0 (-1�GZf G4 Kc a ff lGr GGJ d`I oT G� / �7 �✓IG�(� Gf f�l / 7�0 G�aYGf.�r`'i. C�.�i�j`f'�i�'i f 11CGt�i Iq r'tiy��� (OVER) APPLICATION - TITLE IV.doc 1 01/24/2003 CITY CODE TEXT REVISION PROCESS Submit to: PLANNING MANAGER EDNSP, 6T" FLOOR 1055 SOUTH GRADY WAY RENTON, WA 98055 Phone: 425-430-6588 City Use Only: Staff Initiating Request: Concurrence of Dept. Administrator or Designee: ■ Proposed amendments must be submitted to Economic Development, Neighborhoods, and Strategic Planning Department (EDNSP) by December 150, for consideration the following year. ■ Proposed amendments to the City's Development Regulations shall be reviewed by the appropriate City departments. Those that also require a Comprehensive Plan amendment shall be considered pursuant to Renton Municipal Code (RMC) 4-9-020. ■ The EDNSP Department shall issue a staff response to all proposed amendments by the first business day of May. ■ EDNSP shall forward the City Council a report including all proposed amendments, comments, and staff responses by the fist business day of May. ■ Upon receipt of the Title 4 development regulation amendment report, the City Clerk's Office shall mail written notice to all proponents of amendment requests. This notice shall include the schedule of dates for public hearings, committee meetings, and any other opportunities for public testimony on the current year's Title 4 development regulations update as well as information for petitioning City Council to consider additional amendments. ■ Title 4 amendment proposals that are rejected by the City shall not be reconsidered within two years, unless a compelling case for changed circumstances can be made. Proponents of Title 4 amendment proposals shall be notified in writing, once the status of the proposal is determined. APPLICATION — TITLE IV.doc 2 01/24/2003 ., CITY OF RENTON PlanninouildingftblicWorks Department Kathy Keolker-Wheeler, Mayor Gregg Zimmerman P.E., Administrator February 10, 2004 I RECEIV00 John Kernie AR 15 2004 432 Smithers Avenue South ECONOPA!C DEVELOPMENT, , Renton, WA 98055 NEIGHBORHOODS ANDS RATwic PL1N!VING SUBJECT: PROPOSED DEVELOPMENT FOR 2221 NE LOTH STREET Dear Mr. Kernie: At the January 26th Renton City Council meeting, you commented on the limitations of the Residential Multi -Family Infill (RM-I) Zone. As I understand it, you own property zoned RM-I which is presently developed with a single-family residential dwelling. You intend to convert the existing garage into an apartment. Since the RM-1 Zone does not allow additional detached single-family units, a duplex or larger unit would need to be constructed. You requested a compromise that would allow the development of the apartment unit at this time, with future development of additional units in the future to comply with the zoning. The issue you raise is complex and will be forwarded to the Economic Development Neighborhoods and Strategic Planning (EDNSP) department, via the City Code text amendment or "docket" process. This process allows citizens to suggest changes or identify deficiencies in the City's Development Regulations. Applications are accepted through: December 15th of the current year, for consideration during the next calendar year. Proposed text amendments are reviewed by the appropriate department, and where recommended; incorporated into the EDNSP briefing to the City Council. You will be notified of any further City Council Committee discussion on this issue. However, in the interim, I understand the Development Services Division Director has issued a determination that solves your immediate concern. A copy of that determination was forwarded. to you under separate cover. Should you have any further questions regarding the docket process, please contact Rebecca. Lind, Planning Manager, at (425) 430-6588. Should.you have other coneems regarding this letter, please contact Laureen Nicolay; Senior Planner, at (425) 430-7294. Sincerely, �. Gregg Zim erman, Administrator Planninouilding/Public Works. Referral ##04007-C cc: City Clerk Renton City Councilmembers Jay Covington, Chief Administrative Officer Neil Watts, Development Services Director Jennifer Henning, Principal Planner .Laureen Nicolay, Senior Planner Rebecca Lind, Planning Manager ` R E N T O N 1055 South Grady Way - Renton, Washington 98055 ®post consumer This paper contains 50% recycled material, 30 % AHEAD O F THE CURVE. 0EYEL.0PMENT 8E,RVICES CITY OF RENTON FEB 03 2004 COUNCIL REFERRAL TO ADMINISTRATION C E D TO: Gregg Zimmerman, PBPW DATE: 1/27/2004 ANa.t 9 FROM: (�,i Bonnie Walton CITYCtr-i EhTON LOG #: 04007-C �116UG W0RK,5.A[) llty On 1/26/2004, Council referred the following: Respond to request for compromise by John Kerrie, 432 Smithers Ave. S., 98055, (phone 206- 669-5078) on zoning requirement for property at 2221 NE 101' St. to allow development other than multi -family. Zimmerman Please respond as follows: Prepare memo to Councilmembers via Mayor. (After Mayor's approval, Mayor's secretary will copy for Council and Clerk and return copy to you.) Prepare memo to Councilmembers via Mayor and ipclude attached letter with memo. (After Mayor's approval, Mayor's secretary will copy for Council and Clerk and return copy to you.) XX Discuss and then 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 (2/9/2004). Thank you. cc: Derek Todd Margaret Puller Et Jensen / Fey 11q,tAlteetuzs anti I(Ptannin9 RECEIVE F E 0 10 2004 ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING Rebecca Lind, Planning Manager City of Renton Economic Development, Neighborhoods, and Strategic Planning Sixth Floor 1055 South Grady Way Renton, WA 98055 Re: Request for City Code Text Revision Allowable Uses in Convenience Commercial (CC) Zone Dear Ms. Lind: Enclosed is a request for a City code text revision. We believe this revision will alleviate a significant problem in our particular instance and will have no adverse effect elsewhere in the City. I appreciate your attention to this matter and look forward to a speedy resolution. If it will help, we are prepared to make our case with the City Council and ask for their support of the change. Sincerely, qvid 4v�" For the Estate of John Martin Kennelly 66Vt6�fo`1�''serrre�. Corn 3131 EAST MADISON, SUITE 200 SEATTLE, WA 98112 TELE: 206.329.9900 FAX: 206.328.7058 www.jensenfey.com te-- {,� "mom� � i�Tyj � '. Ail rl* Ln 41. ........ ...... mom '7 Code to be Revised: Section 4-2-0701 Convenience Commercial (CC) Explain what you propose to change: As property owners in this zone, we wish to see Existing Legal Attached Dwellings (apartment buildings) classified as permitted uses in the CC zone. Explain why you are requesting this change: We own an apartment building located at the intersection of Park Avenue North and North 3rd Street. This building has existed in this location for over fifty years. It has no on -site parking. The building has benefited during this time from the shared use of a small market's parking lot located across the street. There has been, however, no formal arrangement allowing the use of this parking. A new owner of the small market has expressed his intention to develop the parking lot site. Such development will surely benefit the neighborhood. The apartment building, on the other hand, will lose its parking. The apartment tenants will be required to use the side streets within the neighborhood for parking. We have property located immediately north of the existing apartments that could be developed into surface parking. This land is contiguous with the apartment lot. A small house and garage would be demolished and a 21 stall lot constructed to City standards. Landscaping would be provided as required by development standards. The lot would not change the character of the neighborhood. We understand the City's aspirations with regards to this corner. In time, the vision of a neighborhood center will likely be fulfilled. We believe, however, that change is incremental. The opportunity to realize the first step through the redevelopment of the existing parking lot is a significant step. It would be disappointing to see this positive move negated by the impact of forcing apartment dwellers to use the public streets for parking. Allowing the apartment building to provide its own parking will neither extend the physical life of the structure nor delay the realization of the city's vision. It will simply make life easier for these residents of the City. We appreciate your understanding of the situation and support of this change. DEC-09-2003 14:33 CITY OF RENTON CITY CODE TEXT REVISION PROCESS 425 430 7231 P.02 Economic Development, Neighborhoods, and Strategic Planning CITY CODE TEXT REVISIONS City of Renton Economic Development, Neighborhoods, and Strategic Planning 1055 South Grady Way -Renton, WA 88055 Phone: 425-130-6568 APPLICANT: 7-e AaeVAh54 _Y �._ PHONE: A&5'0_Wq ADDRESS: 9245& REl l0'-77' ts�f , A14 9c5074- ', hef' Ax M A process has been created to allow you to suggest changes or identify deficiencies in the City's Development Regulations. Please complete the following information. If additional pages are needed, please attach. - C'onv'e��e� ce Code to be revised: Section ¢ • 2 0 / Title of Section er' Explain what you propose to Explain why you are requesting this changer (OVER) APPLICATION — TITLE Mdoc 1 01/24/2003 Y lipoj w J /9 IGJr/�S(�j 70 /7 � u7w 42y{f��f-t Fi�by, WA /A . Nol-)7-1-, 4-2-0701 CONVENIENCE COMMERCIAL (CC) Uses allowed in the CC Zone are as follows: USES: TYPE: AGRICULTURE AND NATURAL RESOURCES Natural resource extraction/recovery H ANIMALS AND RELATED USES Kennels, hobby AC #37 Pets, common household, up to 3 per dwelling unit or business establishment AC RESIDENTIAL Detached dwelling (existing legal) P Attached dwelling P #18 a Ave /n t° OTHER RESIDENTIAL, LODGW6 AND HOMEVCCbOATi6NS Home occupations AC #s SCHOOLS K-12 educational institution (public or private) H K-12 educational institution (public or private), existing P #s PARKS Parks, neighborhood P Parks, regional/community, existing P Parks, regional/community, new AD OTHER COMMUNITY AND PUBLIC FACILITIES Community Facilities Cemetery H Religious institutions H Service and social organizations H Public Facilities City government offices AD City government facilities H Other government offices and facilities H OFFICE AND CONFERENCE Offices, general AD #17 RETAIL Drive-in/drive-through, retail AC Eating and drinking establishments P #22 Code to be Revised: Section 4-2-0701 Convenience Commercial (CC) Explain what you propose to change: As property owners in this zone, we wish to see Existing Legal Attached Dwellings (apartment buildings) classified as permitted uses in the CC zone. Explain why you are requesting this change: We own an apartment building located at the intersection of Park Avenue North and North 3rd Street. This building has existed in this location for over fifty years. It has no on -site parking. The building has benefited during this time from the shared use of a small market's parking lot located across the street. There has been, however, no formal arrangement allowing the use of this parking. A new owner of the small market has expressed his intention to develop the parking lot site. Such development will surely benefit the neighborhood. The apartment building, on the other hand, will lose its parking. The apartment tenants will be required to use the side streets within the neighborhood for parking. We have property located immediately north of the existing apartments that could be developed into surface parking. This land is contiguous with the apartment lot. A small house and garage would be demolished and a 21 stall lot constructed to City standards. Landscaping would be provided as required by development standards. The lot would not change the character of the neighborhood. We understand the City's aspirations with regards to this corner. In time, the vision of a neighborhood center will likely be fulfilled. We believe, however, that change is incremental. The opportunity to realize the first step through the redevelopment of the existing parking lot is a significant step. It would be disappointing to see this positive move negated by the impact of forcing apartment dwellers to use the public streets for parking. Allowing the apartment building to provide its own parking will neither extend the physical life of the structure nor delay the realization of the city's vision. It will simply make life easier for these residents of the City. We appreciate your understanding of the situation and support of this change. Submitting Data: Dept/Div/Board.. Staff Contact...... Subject: CITY OF RENTON COUNCIL AGENDA BILL Al #: EDNSP Rebecca Lind (x6588) 2004-2005 Consultant Roster for Urban Planning Exhibits: Issue Paper Consultant List Recommended Action: Council concur For Agenda of: May 10, 2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information ......... Approvals: Legal Dept...... Finance Dept... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: This action will create a roster of consultants that the City can use for various projects for community design, planning, and economic development. The roster will remain valid for one year following adoption, from May 2004 — May 2005. STAFF RECOMMENDATION: Council concur in the adoption of the 2004 Urban Planning Consultant list. X H:\EDNSP\Council\Issue Papers -Agenda Bills-Ctte Reports\2004\Urban Planner Roster Agenda bill.doc CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: April 28, 2004 TO: Don Persson, Council President City Council Members VIA: Mayor Kathy Keolker-Wheeler FROM:^ Alex Pietsch, Administrator's STAFF CONTACT: Rebecca Lind SUBJECT: 2004-2005 Consultant Roster for Urban Planning ISSUE: An adopted consultant roster is needed to enable City staff to prepare an efficient response to various urban planning work program items. RECOMMENDATION: • Adopt a list of urban planning consultants qualified to assist staff in various community design, urban planning, and economic development projects. BACKGROUND SUMMARY: The City currently does not have an appropriate consultant roster from which to select consultants to respond to various tasks that are periodically required for City projects. Consultants responded to a "Statement of Qualifications" advertisement issued by the City. After reviewing the responses, City staff selected firms that demonstrated both depth of knowledge and the range of expertise needed in order to perform various urban planning roles. Selections were based on direct experience working with Renton or with other agencies on similar projects, background of firm personnel, and proximity of firm office. The recommended roster is attached. The list will be valid for one year following adoption. CONCLUSION: Creation of an adopted Consultants List will allow City staff, in all departments, to more efficiently select consultants for the various studies and tasks required for projects. H:TDNSP\Council\Issue Papers -Agenda Bills-Ctte Reports\2004\Urban Planner Consultant Roster Issue Paper.doc 2004 — 2005 Urban Planning Roster Firm Contact Address City, State ZIP Telephone AHBL Melissa English 2215 N 30,nSt #300 Tacoma, WA 253-383-2422 98403-3350 APCO Worldwide Maggie Brown 2200 Alaskan Wy Seattle, WA 206-224-4340 #300 98121 Arai Jackson Ellison Steven Arai, AIA, 23007 InAve Seattle, WA 206-323-8800 Murakami AICP 98121 Baylis Architects Richard L. 10801 Main St Bellevue, WA 425-454-0566 Wagner, APA, 98004 AIA Beckwith Consulting Group Tom Beckwith POB 162 Medina, WA 425-453-6026 AICP 98039 Berger/Abam Julia Walton, 33301 9 Ave S #300 Federal Way, WA 206-431-2300 AICP 98003-2600 Berk & Associates Bonnie Berk 120 Lakeside Ave Seattle, WA 206-324-8760 #200 98122 BMS Design Group David Saxen 3909 Meridian Ave N Seattle, WA 206-524-0883 98103 Carlson Architects PS Donald Carlson 2111 V Ave Seattle, WA 206-441-3066 FAIA 98121 Cascade Design Eric Schmidt, 911 Western Ave Seattle, WA 206-628-9133 Collaborative, Inc. AIA, RLA, AICP #210 98104 Destination Development Robert G. Scott 711 Capital Way S Olympia, WA 360-754-7920 98501 Economics Research Steven Spickard 388 Market St #1580 San Francisco, 415-956-8152 Associates (ERA) WA 94111 EDAW, Inc. Jill Sterrett 815 Western Ave Seattle, WA 206-622-1176 #300 98104 Freedman Tung Bottomley Sarah Dennis, 74 New Montgomery San Francisco, CA 415-291-9455 Urban Design AICP St #300 94105 Heartland Laura Lohman 524 2" Ave #200 Seattle, WA 206-682-2500 98104 Hewitt Architects Anya Milton 119 Pine St #400 Seattle, WA 206-624-8154 98101-1513 Colie Hough- 215 Westlake Ave N Seattle, WA 206-682-3051 Hough Beck & Baird, Inc. Beck 98109-5217 Lachman & Laing LLC Colleen B. Laing 800 5 Ave #4100 Seattle, WA 206-447-1417 98104 LMN Architects Walt W. Niehoff, 801 2 nd Ave #501 Seattle, WA 206-682-3460 Jr AIA 98104 Makers Architecture + Gerald Hansmire 1425 4h Ave #901 Seattle, WA 206-652-5080 Urban Design 98101 Merritt Architecture James R. Merritt 1901 Market Tacoma, WA 253-383-5300 FAIA, Principal 98402-3107 Parametrix David E. 5808 Lake Kirkland, WA 425-822-8880 Sherrard, AICP Washington Blvd NE 98033-7350 #200 Perteet Engineering, Inc. John Hoffman, 2707 Colby Ave #900 Everett, WA 425-252-7700 AIA, AICP 98201 R.W. Thorpe & Associates, Robert W. 705 2" Ave #710 Seattle, WA 206-624-6239 Inc. Thor e, AICP 98104 Ravenhurst Development, Darrell M. Vange 1411 4 Ave #1322 Seattle, WA 206-223-1660 Inc. 98101 Laura S. Brent, 2716 Colby Ave Everett, WA 425-258-9308 Shockey Brent, Inc. AICP VP 98201 H:\EDNSP\Admin\General\2004\2004 - 2005 Urban Planning Roster.doc CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Finance & IS Department Staff Contact...... Victoria Runkle, Administrator Subject: Creating Unfunded Positions Exhibits: Issue Paper Ordinance IAI#: I For Agenda of: May 10, 2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. . Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... 0 /11 Recommended Action: Approvals: Legal Dept......... X Refer to the Finance Committee of May 24, 2004 Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $0 Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $0 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The ordinance authorizes creation of several new positions in the budget for the purpose of adding staff to cover for long absences of regular FTEs, or for the time required to train new employees. STAFF RECOMMENDATION: Finance staff requests that this ordinance be referred to the Finance Committee for review and that the ordinance be adopted by Council. H:\FINANCE\ADMINSUP\2_AgendaBills\2004 Unfunded Positions.doc u CITY OF RENTON 4'R Finance & Information Services Department MEMORANDUM DATE: April 27, 2004 TO: Don Persson, Council President City Councilmembers VIA: Kathy Keolker-Wheeler, Mayor FROM: Victoria Runkle, Finance & IS Administrator SUBJECT: Creating Unfunded Positions BACKGROUND Legally, the City cannot hire a person until a position is vacant. This creates a problem from time to time for different reasons in each department. For example, from the point of hire, a police or fire officer must first attend basic training and field officer training. In this situation it can be up to 18 months before officers can actually work alone. Currently, the Police and Fire Departments cannot fill a position when an incumbent employee is on an extended (and approved) leave of absence. In other departments, when a high level position is vacated, it is usually vacated by an incumbent that has a significant amount of knowledge and tenure on the job. Because we cannot hire someone, much of the knowledge leaves the organization when such an employee retires or leaves. At this time, we cannot temporarily overfill a position to cover for training requirements. The challenge of having funded positions vacant is compounded by having to compete for quality public safety applicants. Competition is very high and the hiring process can be very long. The result of having funded positions vacant is salary savings, as well as significantly higher overtime in both the police and fire department budgets. While many employees enjoy a certain amount of overtime, there are management issues related to employees working too much overtime and/or earning too much compensatory time that have nothing to do with the financial costs. Long training periods and long-term absence create service level issues. At this moment, the City has three people (two police officers and one firefighter) that are absent on long-term military deployments (2 years). In 2003, the Police Department alone had 6 officers off, at one time, on military or disability leave. DISCUSSION This issue is not unique to Renton. In the March publication of the AWC "Job Net" (a listing of available government jobs primarily in Washington state) there are 54 Washington state cities advertising for police officers. A very informal poll of other cities indicates that overtime costs are very high and most cities To: Don Persson, Council President City Councilmembers Via: Kathy Keolker-Wheeler, Mayor April 27, 2004 Page 2 of 3 interviewed are handling the vacancies with overtime -- as stated by one city staff member, "with lots and lots of overtime." Chapter 35A.33.050 of the Revised Code of Washington reads: The salary or salary range for each office, position or job classification shall be set forth separately together with the title or position designation thereof. PROVIDED, That salaries may be set out in total amounts under each department is a detailed schedule of such salaries and positions be attached to and made a part of the budget document. This RCW means that the Council must approve the number of positions and the salary levels for those positions. The Municipal Research and Services Council (MRSC) also states the City must budget for approved positions. Because we adopt a budget that combines salaries and overtime at the `grand object' level, it is not necessary to increase the budget for potential additional positions or long-term vacancy fills, other than those positions already approved in the 2004 Budget. The most important element of the budgeted position list is — approving a position that is equal to any other position in the same class. Certainly, the City's economic conditions change and no one is guaranteed continued employment. However, once these positions are approved and adopted by Council action and the Department hires an employee in an unfunded position, the labor agreements dictate conditions of employment. Things such as longevity, special assignments, and what other conditions might be in the labor parameters govern changes in employment status. The fact the City did or did not fund the number of positions does not, in itself, impact the status of an employee. RECOMMENDATION The recommendation is to do a "beta test" by filling some vacancies with unfunded positions. The Police Department has requested the ability to fill up to four commissioned and two non-commissioned positions. The Fire Department recommends authority to fill at least one long-term vacant position. The Fire Department does not experience the same level of salary savings as the Police Department when positions are vacant for long periods of time. We also recommend creation of two high level union positions in the Community Services and Planning/ Building/Public Works Department. The personnel rules allow us to hire a position at a lower classification, but not at a higher classification than budgeted. Creating these type of positions will permit the department flexibility in meeting some long-term disability workload issues at any union level of the organization or use in cross training. Finally, to cover the need to conduct cross training at the manager level, we recommend creating a General Manager position. This position will be used for a short period of time — not to exceed three months — for the purpose of cross training at the non -represented level. This will be particularly useful in those circumstances when a long -tenured employee is leaving the organization. We recommend that this position be placed at the grade of m38. Again, we can hire a non -represented position at a lower than approved level, thus, this level permits flexibility for other non -represented positions. However, we are creating only one position. If one H:\FINANCE\ADMINSUP\5_lssuePapers_memos to Council or Mayor\Unfunded Police and Fire Positions.doc To: Don Persson, Council President City Councilmembers Via: Kathy Keolker-Wheeler, Mayor April 27, 2004 Page 3 of 3 department is using this position for a temporary purpose, than any other department must wait until a true vacancy occurs before having a position filled for training or other purposes. Testing this concept should be taken slowly and deliberately because each position that is filled is afforded the rights of full employment. Accurately anticipating and scheduling future attrition as well as returns to duty is the management challenge. We are considering this at a time when the City's total financial picture may negatively change. Obviously, it is easier to eliminate vacant positions than positions with people in them. Long-term vacancies have a tremendous impact on service levels, overtime costs, and personnel issues. In the public safety departments an 18-month "training curve" for new recruits further exacerbates the problem. The sooner we begin the hiring process, the sooner we can actually provide the service level expected. Filling scheduled vacancies provides appropriate and efficient succession planning. Other departments face challenges when there is a long term disability or a change of high level staff. The challenge of this new idea will be the simple job of management. A proposed policy & procedures follows. The intent of this concept is to ensure we have a level of staff that provides a certain level of service and safety. The intent is not necessarily to ensure we have 100 percent of the funded positions filled. SUMMARY We request the Council adopt the ordinance approving the increase to our budget control list. Please read the attached policy and procedures and call with any questions. We are not legally allowed to state these are "unfunded" in that we must budget for all positions. Yet, in talking with my colleagues, all cities are budgeting a vacancy rate. We would be basically doing the same thing only with a new level of positions. Departments will have to identify the monies they have available to fill these positions before the Mayor approves adding to the employment base. I look forward to having this discussion. I have talked with the State Auditor's Office, the MRSC, and several cities about this challenge. This idea has been acknowledged as very creative. VAR/GA/dlf Attachment: Draft Policy & Procedure cc: Garry Anderson, Police Chief Jay Covington, Chief Administrative Officer Sylvia Doerschel, Budget Supervisor Eileen Flott, Human Resources Manager Elaine Gregory, Fiscal Services Director Michael Webby, Human Resources & RM Administrator Lee Wheeler, Fire Chief Cindy Zinck, Payroll Supervisor H:\FINANCE\ADMINSUP\5_]ssuePapers_memos to Council or Mayor\Unfunded Police and Fire Positions.doc �� ,� DRAFT PF 4 POLICY & PROCEDURE Subject: Index: Finance UNFUNDED POSITIONS Number: Effective Date Supersedes Page Staff Contact Approved By June 1, 2004 Victoria Runkle 1.0 PURPOSE: The purpose of this policy is to allow departments the ability to back fill certain positions prior to regular employee separation or return from military or other approved leave. This is to permit time for training between the new employee and the leaving incumbent or to begin public safety employees in their respective Academy programs, as these are difficult to schedule. These unfunded positions must be managed within the department's adopted budget, and no new dollars will be given to meet the requirements of this policy. 2.0 ORGANIZATIONS AFFECTED: Police Department Fire Department Community Services Department Planning, Public Works and Building Department All Other Departments with the Mayor's Approval 3.0 REFERENCES: 4.0 POLICY: 4.1 Within the Police Department budget, the City shall establish 4 unfunded commissioned positions, 2 non-commissioned positions. 4.2 Within the Fire Department budget, the City shall establish 1 unfunded commissioned position. 4.3 Within the Community Services Department budget, the City shall establish 1 unfunded Park Maintenance Supervisor position. 4.4 Within the Planning, Public Works, and Building Department budget, the City shall establish 1 unfunded Lead Construction Inspector position. 4.5 Within the Non -Departmental budget, the City shall establish 1 unfunded General Manager position. DRAFT POLICY & PROCEDURE UNFUNDED POLICE AND FIRE POSITIONS Page 2 of 3 5.0 PROCEDURE: 5.1 The Finance & is Department and the Human Resources & Risk Management Department will create: 5.1.1 Four new position numbers for police officers; 5.1.2 Two new position numbers for non-commissioned officers; one jailer and one records management position; 5.1.3 One firefighter position; 5.1.4 One Parks Maintenance Supervisor position; 5.1.5 One Lead Construction Inspector position; and 5.1.6 One General Manager position. 5.2. The Finance and Information Services Department with the Human Resources Department will define the process to fill these positions, and from time to time change the process to ensure policy and fiscal management. 5.2.1 The position numbers shall be in sequence with the current system with the exception that each number will be preceded with a "U" to define it as an unfunded position. 5.2.2 The Departments may request the Mayor approve a number of the unfunded positions be recruited and filled. This request will be made on a Request to Fill Vacancy form. 5.2.3 In the "Incumbent to be Replaced" line, the department will highlight UNFUNDED. 5.2.4 The Finance Department will assign the position number to the form and forward to the Human Resources & Risk Management Administrator. 5.2.5 The Mayor must sign unfunded, requests to fill vacancies before any recruitment activity may begin. 5.2.6 A memo detailing the need to hire an Unfunded position shall accompany any request to fill vacancy. 5.1.10 At the FIRST availability of a funded position vacancy, the Department shall provide a PAR (Position Action Request) form to notify HR, Payroll, and the Mayor that the identified employee will be moved from the unfunded position into the vacant funded position. DRAFT POLICY & PROCEDURE UNFUNDED POLICE AND FIRE POSITIONS Page 3 of 3 5.1.11 On a quarterly basis, Payroll will produce a report to inform the Mayor and Council of the number of active employees in unfunded positions. 5.1.12 This report, combined with the normal expenditure report, will provide the management tools necessary to ensure the City does not actually increase the number of employees in respect to the total budget available for salaries and wages. 5.1.13 This program will be reviewed on an annual basis for effectiveness and efficiency. CITY OF RENTON WASHINGTON AC��444ttr ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, INCREASING THE NUMBER OF POSITIONS IN THE 2004 BUDGET OF VARIOUS DEPARTMENTS FOR THE PURPOSE OF MEETING SERVICE DEMANDS, AND ADOPTING A CITY POLICY. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following positions are hereby added to the 2004 Budget: Four Police Officers, Police Department; One Jailer, Police Department; One Records Management Clerk, Police Department; One Firefighter, Fire Department; One Parks Maintenance Supervisor, Community Services Department; One Lead Construction Inspector, Planning/Building/Public Works Department; and One General Manager Position in the Non -Departmental Department. SECTION II These positions shall be recruited and approved as outlined in City of Renton Policy & Procedure , and only upon the Mayor's consent. The Council shall be informed when these positions are recruited. A quarterly report shall be presented to the Council on the status of these positions. SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of Bonnie I. Walton, City Clerk 2004. I H:\FINANCE\ADMINSUP\3_Ordinances_Resolutions\2004 unfunded positons ordinance.doc ORDINANCE NO. APPROVED BY THE MAYOR this day of Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1093:3/10/04:ma RAFT CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board.. Legal Staff Contact.. Lawrence J. Warren SUBJECT: Updating the statute numbers for the crimes of possession of marijuana and criminal impersonation in the second degree EXHIBITS: Ordinance RECOMMENDED ACTION: Council concur �AL IMPACT: —xpenditure Required... None Amount Budgeted........ SUMMARY OF ACTION: AI #: A I FOR AGENDA OF• May 10, 2004 AGENDA STATUS: Consent ......... X Public Hearing.. Correspondence.. Ordinance ....... X Resolution...... Old Business.... New Business.... Study Session... Other........... APPROVALS: Legal Dept ...... X Finance Dept.... Other........... Transfer/Amendment.. Revenue Generated... The legislature has changed the statute numbers for possession of marijuana and criminal impersonation in the l second degree, effective July 1, 2004. 69.50.401(e) is the old statute number for possession of less than 40 grams of marijuana; the number will to 69.50.4014. RCW 9A.60.040 is the old statute number for both 1�` and 2nd degree criminal ;onation. Those crimes will now be designated with two numbers; 9A.60.040 and 9A.60.045, respectively. Renton municipal code will be amended under Section 6-12-1, Uniform Controlled Substances Act adopted Reference, for the marijuana statute; and Section 6-10-1, Code Sections Adopted, for the criminal ersonation statutes. CITY OF RENTON, WASIUNGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 6-10-1 OF CHAPTER 10, CRIMINAL CODE, AND 6-12-1, DRUG PARAPHERNALIA, SALES OR USE, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY UPDATING THE STATUTE NUMBERS FOR POSSESSION OF MARIJUANA AND CRIMINAL IMPERSONATION IN THE SECOND DEGREE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 6-10-LF of Chapter 10, Criminal Code, of Title 6 (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: F. 9A.60.010, 9A.60.030, 9A.60.040, 9A.60.045, and 9A.60.050. SECTION H. Section 6-12-1 of Chapter 12, Drug Paraphernalia, Sales or Use, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 1. UNIFORM CONTROLLED SUBSTANCES ACT ADOPTED BY REFERENCE: The Uniform Controlled Substances Act, RCW 69.50, specifically sections 69.50.101; 69.50.102; 69.50.201 through 69.50.213; 69.50.308; 69.50.309; 69.50.4014; 69.50.408; 69.50.412; 69.50.425; 69.50.505; 69.50.506; 69.50.509; 69.50.510; 69.50.511; 69.50.520; 69.50.601; as now or hereafter amended, and all other statutes adopted by reference therein are each adopted by reference as if fully set forth herein. SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. 1 ORDINANCE NO. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1109:4/23/04 day of , 2004. Bonnie I. Walton, City Clerk day of , 2004. Kathy Keolker-Wheeler, Mayor F) AP ovC-D BY FINANCE COMMITTEE CiTy ®UNCIL COMMITTEE REPORT Date May 10, 2004 CONSULTING AGREEMENT WITH BARDSLEY ASSOCIATES INC. (Referred Apri126, 2004) C:\DOCUME—IUMEDZE—I\L.00ALS—I\Temp\Bardsley agreement.doe FINANCE COMMITTEE REPORT May 1.0, 2004 APPROVED By � CITY COUNCIL. { Date APPROVAL OF CLAIMS AND PAYROLL VOUCHERS I-405 ContextSensitive. Solutions Renton Advisory Committee' (Referred April 26, 2004) C:\DOCUME—IUMEDZE--1\LOCALS�I1Temp\405 CSS Committee Membership.doc I-405 Context Sensitive Solutions 405 CSS Aesthetic Committee Renton Rep Marcie Palmer, City Council.person, Transportation Committee Chair Don Persson, Council President (alternate) Alex Pietsch, EDNSP Administrator (as staff) Renton Advisory Committee Marcie Palmer, Chair 425-430-6501, mp alm er@, c i. renton. w a. u s Don Persson, Council President 425-430-6501, dpersson@ci.renton.wa.us Kristin Craig, Kennydale Neighborhood 425-974-8063 W, 425-917-0338 H, kcraig@entranco.com Mike O'Halloran, Highlands Neighborhood 425-271-6973, mvohallPaol.com Ruthie Larson, Renton Hill Neighborhood 425-255-0290 Melinda Webb, North Renton Neighborhood paulandmelindawebbnmsn.com Toni Martin, Talbot Hill Neighborhood 206-973-4763 (W), 425-255-8701 (H) tmartin@ci.seatae.wa.us Bob Moran, South Renton Neighborhood 425-255-7055 Shaunta Hyde, The Boeing Company 206-544-0182, shaunta.r.hyde@boein,g.com Paul Moyes, PACCAR 425 254 4511, paul.moyes@paccar.com Brad Lang, HAL (Renton Place) 206-448-5080, blangghalrealestate.com Mike Benoit, Flinn Properties (East Valley Office Center) 206-919-4544 Erin Hamann, Spring Hill Suites by Marriott, Renton Visitors Connection 425-226-4100 x 619, erin.hamann@marriott.com Bernie Dochnahl, Greater Renton Chamber of Commerce 425-271-1153, Bemienu,dochnahl.com Nancy Hoben, Renton Municipal Arts Commission 425-228-2953, kenhoben@comcast.net Staff: Alex Pietsch, EDNSP 425-430-6592, apietschPci.renton.wa.us Peter Renner, Community Services 425-430-6605, prennerQci.renton.wa.us Sandra Meyer, Transportation 425-430-7242, smeyer@ci.renton.wa.us CITV COUNCIL PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT. Date • -/�- aOD' May 10, 2004 Design Guidelines for Big Box Retail Referred April 19, 2004 The Planning and .Development Committee met May 6, 2004 to consider a proposal to extend applicability of the current urban center overlay. design guidelines to all "big -box retail" uses north and west of I-405. The Committee recommends that this proposal be processed pursuant to. RMC 4-9=025C,' exemption procedures, to the Title IVdevelopment regulation revision process. The Committee also. recommends that the amendment be referred to the Planning. Commission ' for recommendation on the . big=box' proposal and consideration.. of expanding the work program to include desigri'guidelines for commercial uses throughout the City on a sub -area -by -sub -area basis It"is further recommended a public hearing be set for June004 on the., k:portlori of thesproposall ' 41 Terri Brie e; Ghair PLANNING AND DEVELOPMENT COMMITTEE Report_I.doc\ Rev 01/04 bh Finalization of the NE 2"a. Street Sewer Special Assessment District (@ Lyons Avenue NE) Request for Payment of Developer'Extension Referred May 3, 2004 C:\DOCUME—I\JMEDZE—I\LOCALS—I\Temp\Final— SAD_Comm_Report.doc\DMC\tb revOI/04 bh APPROVED BY MV COUNCIL ®ate 6-/0 -vMml UTILITIES COMMITTEE COMMITTEE REPORT.;A%�e:°faed May 10, 2004 TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT May 10, 2004 2003 Downtown Sidewalk and Curb Ramp Project Contractor: R & J Landscape &'Construction (Referred April 26, 2004) APPROVED By VTY COUNCIL Date 5-/0- 400y1' CITY OF RENTON, WASHINGTON RESOLUTION NO. ,94 90 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT FOR WATERFOWL (CANADA GOOSE) MANAGEMENT PROGRAM FOR THE YEAR 2004. WHEREAS, it has been determined that the City of Renton has a large surplus of Canadian Geese within its jurisdiction; and WHEREAS, the U.S. Fish and Wildlife Service and the State of Washington have agreed to continue an egg addling program, and provide lethal control and to provide population monitoring and census; and WHEREAS, the costs for this procedure would be shared with a number of jurisdictions including the City of Renton; and WHEREAS, it is necessary to document the agreement between the parties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an Interlocal Agreement for Waterfowl (Canada Goose) Management Program for the year 2004 and thereafter as long as the costs remain relatively constant for roughly equivalent efforts. PASSED BY THE CITY COUNCIL this day of Bonnie I. Walton, City Clerk 1 2004. RESOLUTION NO. APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney RES.1041:4/29/04:ma 2 Kathy Keolker-Wheeler, Mayor 2004. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (CARLO ANNEXATION; FILE NO. A-03-002) WHEREAS, under the provisions of RCW 35A.14.120 as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about June 13, 2003; and WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120, and upon public hearing thereon, it having been determined and the petitioning owners having agreed to assume the pre-existing outstanding indebtedness of the City of Renton as it pertains to -the territory petitioned to be annexed; and to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation and determined signatures represent acreage, as provided by law, in excess of fifty percent (50%) of the area to be annexed; and WHEREAS, the King County Department of Records, Elections and Licensing Services Division has examined and verified the signatures on the petition for annexation and determined as provided by law, that a majority of the registered voters residing in the annexation have signed the petition, and also setting forth the legal description of the property according to government legal subdivision or plat; and 1 ORDINANCE NO. WHEREAS, the Economic Development, Neighborhoods and Strategic Planning Department of the City of Renton having considered and recommended the annexing of said property to the City of Renton; and WHEREAS, the City Council fixed February 9, 2004, as the time and place for public hearing -in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to said notices public hearings have been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of April 9, 2004; and WHEREAS, the City of Renton is concurrently zoning the annexation site R-8; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140 and 150, have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after the approval, passage, and publication 2 ORDINANCE NO. of this Ordinance; and on and after said date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force, and effect; the property being described as follows: See Exhibits "A" and `B" attached hereto and made a part hereof as if fully set forth herein [Said property, approximately 37 acres, is located in the SW '/4 of the NE %4 of the NW '/4 , and the north half (1/2) of the SE '/4 of the NW '/4, all in Section 15, Township 23 North, Range 5 East, W.M. in King County, Washington; TOGETHER WITH the north half (1/2) of the north half (1/2) of the SW '/4 of the SW '/4 of the NW %4 of said Section 15; and TOGETHER WITH the north half (1/2) of the SE '/4 of the SE '/4 of the NW '/4 of said Section 15; which is basically south of NE P Street, if extended, and east of 136t'' Avenue SE, if extended, east to and including 140tb Avenue SE, south of the middle of SE 132nd Street, if extended;] and the owners of the property within the annexation shall assume their fair share of the outstanding indebtedness of the City of Renton as prescribed in RCW 35A.14.120 as it pertains to the property, and the property shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This Ordinance shall be effective upon its passage, approval, and five days after its publication. A certified copy of this Ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk 3 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2004. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1105:4/16/04:ma 4 Kathy Keolker-Wheeler, Mayor CARLO PREZONE LEGAL DESCRIPTION Exhibit "A" The southwest quarter of the northeast quarter of the northwest quarter, and the north half (1/2) of the southeast quarter of the northwest quarter, all in Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; TOGETHER WITH the north half (1/2) of the north half (1/2) of the southwest quarter of the southeast quarter of the northwest quarter of said Section 15; and TOGETHER WITH the north half (1/2) of the southeast quarter of the southeast quarter of the northwest quarter of said Section 15; EXCEPT streets. HAFile Sys\LND - Land Subdivision & Surveying Records\LND-01 - Legal Descriptions\0065przn.doc\SRjw ❑ ICEnl ° ! a C Exhibit "B" o� a 0 U Fn G [a] IE w0 IN Now ...1•� p SE a 4� P O U This doament is a graphic representotlon, not oranteed to survey acaro<y. intmdee f a cnypu �oses only nne O hosed on the best nformotion voBoble of the date shown. P This map Is for di.11oy purposes only. roposed Carlo Annexation 0 400 800 Figure 3: Existing Structures Map iMMUMM 1 : 4800 U~ 0{ Economic Development, Neighborhoods & Strategic Planning Existing Structure ♦ + Alex Pietsch, Administrator _v G. Del Rosario —Renton City Limits ��NT�� 23 July 2003 Proposed Annexation Area CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-4 (URBAN RESIDENTIAL 4DU PER ACRE, KING COUNTY ZONING) TO R-8 (RESIDENTIAL 8 DU/AC; EIGHT DWELLING UNITS PER ACRE) (CARLO; FILE NO. A-03-002). 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 not been zoned in the City of Renton; and WHEREAS, said property owners petitioned the City of Renton for annexation and concurrent rezoning, which said annexation having previously been approved and the property. annexed to the City of Renton, and the City having held two public hearings to consider this zoning application, the first hearing being held on February 9, 2004, and the second hearing being held on May 10, 2004, and said zoning request being in conformity with the City's Comprehensive Plan, as amended, 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 zoned to R-8 as hereinbelow specified. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence said rezoning and the EDNSP Administrator is 1 `% 1 ORDINANCE NO. hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence said rezoning, to wit: See Exhibits "A" and `B" attached hereto and made a part hereof as if fully set forth herein. [Said property, approximately 37 acres, is located in the SW '/4 of the NE '/4 of the NW '/4, and the north half (1/2) of the SE '/4 of the NW '/4, all in Section 15, _ - Township-23 North, Range 5 East, W.M. in King County, Washington; TOGETHER WITH the north half (1/2) of the north half (1/2) of the SW %4 of the SW %4 of the NW '/a of said Section 15; and TOGETHER WITH the north half (1 /2) of the SE %4 of the SE '/4 of the NW '/4 of said Section 15; which is basically south of NE 3rd Street, if extended, and east of 136d' Avenue SE, if extended, east to and including 140'h Avenue SE, south of the middle of SE 132°d Street, if extended.] SECTION II. This ordinance shall be effective upon its passage, approval, and five days after its publication. PASSED BY THE CITY COUNCIL this APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1104:4/16/04:ma Fj, day of 2004. Bonnie I. Walton, City Clerk _ day of 2004. Kathy Keolker-Wheeler, Mayor CARLO PREZONE LEGAL DESCRIPTION Exhibit "A" The southwest quarter of the northeast quarter of the northwest quarter, and the north half (1/2) of the southeast quarter of the northwest quarter, all in Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; TOGETHER WITH the north half (1/2) of the north half (1/2) of the southwest quarter of the southeast quarter of the northwest quarter of said Section 15; and TOGETHER WITH the north half (1/2) of the southeast quarter of the southeast quarter of the northwest quarter of said Section 15; EXCEPT streets. H:\File Sys\LND - Land Subdivision & Surveying Records\LND-01 - Legal Descriptions\0065przn.doc\.SF\jw CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 6-10-1 OF CHAPTER 10, CRIMINAL CODE, AND 6-12-1, DRUG PARAPHERNALIA, SALES OR USE, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY UPDATING THE STATUTE NUMBERS FOR POSSESSION OF MARIJUANA AND CRIMINAL IMPERSONATION IN THE SECOND DEGREE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 6-10-1.F of Chapter 10, Criminal Code, of Title 6 (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: F. 9A.60.010, 9A.60.030, 9A.60.040, 9A.60.045, and 9A.60.050. SECTION II. Section 6-12-1 of Chapter 12, Drug Paraphernalia, Sales or Use, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 1. UNIFORM CONTROLLED SUBSTANCES ACT ADOPTED BY REFERENCE: The Uniform Controlled Substances Act, RCW 69.50, specifically sections 69.50.101; 69.50.102; 69.50.201 through 69.50.213; 69.50.308; 69.50.309; 69.50.4014; 69.50.408; 69.50.412; 69.50.425; 69.50.505; 69.50.506; 69.50.509; 69.50.510; 69.50.511; 69.50.520; 69.50.601; as now or hereafter amended, and all other statutes adopted by reference therein are each adopted by reference as if fully set forth herein. SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. 1 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2004. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1109:4/23/04 Kathy Keolker-Wheeler, Mayor 2 CITY OF RENTON, WASHINGTON C6 0) hT:r2[OWL [#I AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES ADJACENT TO NE tad STREET, FROM LYONS AVENUE NE TO APPROXIMATELY 300 FEET EAST OF LYONS AVENUE NE, AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by the NE 2ad Street Sanitary Sewer Main Extension project in the northeast quadrant of the City of Renton and within King County, which area is more particularly described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit `B". The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the City does not require payment until such time as the parcel is connected to and thus benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in this Special Assessment District and which properties have not been charged or assessed with all costs of the NE 2nd Street Sanitary Sewer Extension, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: CS�� l� -M.-W"MI A. Per Unit Charge. New connections of residential units shall pay a fee of $4,800.00 per dwelling unit. SECTION III. In addition to the aforestated charges, there shall be a charge of 5.93010 per annum-added to the -Special Assessment District charger The interest charge shall - accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2004. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. I 111:4/28/04:ma 2 Kathy Keolker-Wheeler, Mayor 1 EXHIBIT A NE 2' STREET EXTENSION SPECIAL ASSESSMENT DISTRICT LEGAL DESCRIPTION: Lots 1, 2, 3, and 4 of Cedargrove Park Division 1, according to the plat thereof recorded in Volume 72 of Plats, Page 50, Records of King County, Washington; TOGETHER WITH the North one-half (1/2) of the West one-half (1/2) of Tract 9, Black Loam Five Acre Tracts, according to the plat thereof recorded in Volume 12, Page 101, Records of King County, Washington; All situate in the NE quarter of Section 15, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. NE 3RD ST ji � / Q Z NE 2ND ST a W Z Q Z O J NE 2ND STREET SEWER EXTENSION SPECIAL ASSESSMENT DISTRICT EXHIBIT "B" CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-2.C.l.e(1) OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATION); ADDING SECTION 4-5- 070.C.73 OF CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS); AND ADDING SECTION 6-10-1.0 OF CHAPTER 10, CRIMINAL CODE, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY OUTLAWING ALL FIREWORKS AND ESTABLISHING PENALTIES FOR VIOLATION OF THE FIREWORKS LAWS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 1-3-2.C.l.e(1) of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: (1) Fire Prevention and International Fire Code Regulations: RMC 4-5-070, except for those fireworks which are classified as common fireworks by the Washington Administrative Code Section 212-17-035, the Revised Code of Washington, or the state Fire Marshall. SECTION II. A new subsection, 4-5-070.C.73, of Chapter 5, Building and Fire Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: 73. Explosives and Fireworks — Chapter 33 of the International Fire Code, 2003 edition, is hereby amended to read as follows: a. The possession, sale and discharge of all fireworks is prohibited in the City of Renton. 1 ORDINANCE NO. b. Exception - Section 3301.4.6.1: Displays authorized by the City Council under permit issued pursuant to City Code, and the Washington Administrative Code, if required. C. Section 3301.4.7 — Public Display; Insurance Required. Any applicant shall, at the time of issuance of such license, submit to the City proper evidence of public liability and property damage insurance and such applicant shall maintain the insurance in a company or companies approved by the City with amounts as follows: One million dollars ($1,00,000.00) or more for injuries to any one (1) person in one (1) accident or occurrence; two million dollars ($2,000,000.00) or more for injuries to two (2) or more persons in any one (1) accident or occurrence; one million dollars ($1,000,000.00) for damage to property in any one (1) accident or occurrence. d. Section 3301.4.7.1- Pyrotechnic Operator Required: Every city -authorized display of fireworks shall be handled and supervised by a state licensed pyrotechnic operator. e. Enforcement Section 3301.4.9 — Enforcement Officer: The Fire Code Official or his duly authorized representative is hereby designated as the enforcing officer of this chapter. For acts that are deemed in violation of the law, whether civil infraction or misdemeanor, the Police Chief is also authorized to enforce the law. f.. Penalty: Any violation of this Subsection on Fireworks shall be an infraction only and punishable under City Code Section 1-3-2 entitled Civil Penalties, except possession, sale or discharge of fireworks not classified as "common" by the Washington Administrative Code Section 212-17-035, as now or hereafter amended, shall be a misdemeanor. SECTION III. The preamble to Section 6-10-1, Code Sections Adopted, of Chapter 10 (Criminal Code) of Title VI (Police Regulations) of Ordinance No. 4260 entitled 2 ORDINANCE NO. n "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 6-10-1 CODE SECTIONS ADOPTED: The following sections of RCW Title 9A, Washington Criminal Code; Title 9, Crimes and Punishments; Title 10, Criminal Procedure; Title 26, Domestic Relations; Title 69, Food, Drugs, Cosmetics and Possession; Title 70, Public Health and Safety; and Title 77, Fish and Wildlife, have heretofore been filed and are now on file in the office of the City Clerk and' made available for use and examination by the general public, and are hereby adopted as part of Title VI (Police Regulations): SECTION IV. A new subsection, 6-10-1.U, of Chapter 10 (Criminal Code) of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: U. 70.77.485, 70.77.488, 70.77.510, 70.77.515, 70.77.520. SECTION V. This ordinance shall be effective upon its passage, approval, and 30 days after publication, except Section 4-5-070.C.73 shall be effective one year after publication. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk 3 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2004. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1100.5/4/04:ma El